ILLINOIS POLLUTION CONTROL BOARD

March 17, 1994

IN THE MATTER OF:

? )

R93-16

RCRA UPDATE, USEPA REGULATIONS ) (Identical in Substance Rules)

(1-1-93 THROUGH 6-30-93)

Adopted Rule. Final Order.

ORDER OF THE BOARD (by E. Dunham):

Pursuant to Sections 22.4(b) of the Environmental Protection

Act (Act), the Board is amending the Resource Conservation and

Recovery Act (RCRA) regulations.

Section 22.4(b) provides for quick adoption of regulations

that are "identical in substance" to federal regulations and that

Title VII of the Act and Section 5 of the Administrative

Procedure Act (APA) shall not apply. Because this rulemaking is

not subject to Section 5 of the APA, it is not subject to first

notice or to second notice review by the Joint Committee on

Administrative Rules (JCAR). The federal RCRA regulations are

found at 40 CFR 260 through 272 and 279. This rulemaking updates

RCRA rules to correspond with major federal amendments more fully

outlined in the accompanying opinion.

This order is supported by an opinion adopted on the same

day. The Board will delay filing the adopted rules with the

Secretary of State for 30 days, as is our common practice in

these matters, to allow additional opportunity for comment on the

amendments by U.S. EPA before they are filed and become

effective. The complete text of the adopted amendments follows.

Due to the number of revisions from the text of the amendments as

proposed, highlighting indicates the revisions from the proposal

for public comment. Where the entire Section heading is

highlighted, the Section was not included in the proposal for

public comment. Highlighting within such a Section focuses on

the actual amendments adopted.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, do hereby certify that the above order was adopted by the

Board on the

? day of '771(41–

?, 1994, by a vote of

Dorothy Mi/

Gunn, Clerk

Illinois ollution Control Board

2

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER b: PERMITS

PART 702

RCRA AND UIC PERMIT PROGRAMS

SUBPART A: GENERAL PROVISIONS

Section

702.101

Applicability

702.102

Purpose and Scope

702.103

Confidentiality

702.104

References

702.105

Rulemaking

702.106

Agency Criteria

702.107

Permit Appeals

702.108

Variances

702.109

Enforcement

702.110

Definitions

SUBPART B: PERMIT APPLICATIONS

Section

702.120

Permit Application

702.121

Who Applies

702.122

Completeness

702.123

Information Requirements

702.124

Recordkeeping

702.125

Continuation of Expiring Permits

702.126

Signatories to Permit Applications and Reports

SUBPART C: PERMIT CONDITIONS

Section

702.140

Conditions Applicable to all Permits

702.141

Duty to Comply

702.142

Duty to Reapply

702.143

Need to Halt or Reduce Activity Not a Defense

702.144

Duty to Mitigate

702.145

Proper Operation and Maintenance

702.146

Permit Actions

702.147

Property Rights

702.148

Duty to Provide Information

702.149

Inspection and Entry

702.150

Monitoring and Records

3

702.151

Signatory Requirements

702.152

Reporting Requirements

702.160

Establishing Permit Conditions

702.161

Duration of Permits

702.162

Schedules of Compliance

702.163

Alternative Schedules of Compliance

702.164

Recording and Reporting

SUBPART D: ISSUED PERMITS

Section

702.181

Effect of a Permit

702.182

Transfer

702.183

Modification

702.184

Causes for Modification

702.185

Facility Siting

702.186

Revocation

702.187

Minor Modifications

AUTHORITY: Implementing Section 13 and 22.4 and authorized by Section 27 of the

Environmental Protection Act (Ill. Rev. Stat. 1991, ch. 111 1/22, pars. 1013, 1022.4 and 1027)

[415 ILCS 5/13, 22.4 and 27].

SOURCE: Adopted in R81-32, 47 PCB 93, at 6 Ill. Reg. 12479, effective as noted in 35 Ill.

Adm. Code 700.106; amended in R82-19, at 53 PCB 131, 7 Ill. Reg. 14352, effective as noted in

35 Ill. Adm. Code 700.106; amended in R84-9 at 9 Ill. Reg. 11926, effective July 24, 1985;

amended in R85-23 at 10 Ill. Reg. 13274, effective July 29, 1986; amended in R86-1 at 10 Ill.

14083, effective August 12, 1986; amended in R86-28 at 11 Ill. Reg. 6131, effective March 24,

1987; amended in R87-5 at 11 Ill. Reg. 19376, effective November 12, 1987; amended in

R87-26 at 12 Ill. Reg. 2579, effective January 15, 1988; amended in R87-29 at 12 Ill. Reg. 6673,

effective March 28, 1988; amended in R87-39 at 12 13083, effective July 29, 1988; amended in

R89-1 at 13 Ill. Reg. 18452, effective November 13, 1989; amended in R89-2 at 14 Ill. Reg.

3089, effective February 20, 1990; amended in R89-9 at 14 Ill. Reg. 6273, effective April 16,

1990; amended in R92-10 at 17 Ill. Reg. 5769, effective March 26, 1993; amended in R93-16 at

_____ Ill. Reg. _________, effective ____________________.

SUBPART A: GENERAL PROVISIONS

Section 702.110 Definitions

The following definitions apply to 35 Ill. Adm. Code 702, 703, 704 and 705. Terms not defined

in this Section have the meaning given by the appropriate Act. When a defined term appears in a

definition, the defined term is sometimes placed within quotation marks as to an aid to readers.

When a definition applies primarily to one or more programs, those programs appear in

4

parentheses after the defined terms.

"Administrator" means the Administrator of the United States Environmental

Protection Agency, or an authorized representative.

"Agency" means the Illinois Environmental Protection Agency.

"Application" means the Agency forms for applying for a permit. For RCRA,

application also includes the information required by the Agency under 35 Ill.

Adm. Code 703.182 et seq. (contents of Part B of the RCRA application).

"Appropriate act and regulations" means the Resource Conservation and

Recovery Act (RCRA); Safe Drinking Water Act (SDWA); or the

"Environmental Protection Act," whichever is applicable; and applicable

regulations promulgated under those statutes.

"Approved program or approved State" means a State or interstate program which

has been approved or authorized by EPA under 40 CFR 271 (198892) (RCRA) or

Section 1422 of the SDWA (UIC).

"Aquifer" (RCRA and UIC) means a geological "formation", group of formations,

or part of a formation that is capable of yielding a significant amount of water to a

well or spring.

"Area of review" (UIC) means the area surrounding an injection well described

according to the criteria set forth in 35 Ill. Adm. Code 730.106, or in the case of

an area permit, the project area plus a circumscribing area the width of which is

either 402 meters (1/4 of a mile) or a number calculated according to the criteria

set forth in 35 Ill. Adm. Code 730.106.

"Board" means the Illinois Pollution Control Board.

"Closure" (RCRA) means the act of securing a "Hazardous Waste Management

Facility" pursuant to the requirements of 35 Ill. Adm. Code 724.

"Component" (RCRA) means any constituent part of a unit or any group of

constituent parts of a unit which are assembled to pereform a specific function

(e.g., a pump seal, pump, kiln liner, kiln thermocouple).

"Contaminant" (UIC) means any physical, chemical, biological or radiological

substance or matter in water.

"Corrective action management unit" or "CAMU" means an area within a facility

that is designated by the Agency under 35 Ill. Adm. Code 724.Subpart S for the

5

purpose of implementing corrective action requirements under 35 Ill. Adm. Code

724.201 and RCRA section 3008(h). A CAMU shall only be used for the

management of remediation wastes pursuant to implementing such corrective

action requirements at the facility.

BOARD NOTE: U.S. EPA must also designate a CAMU until it grants this

authority to the Agency. See the note following 35 Ill. Adm. Code 724.652.

"CWA" means the Clean Water Act (formerly referred to as the Federal Water

Pollution Control Act or Federal Water Pollution Control Act Amendments of

1972) P.L. 92-500, as amended by P.L. 95-217, and P.L. 95-576; 33 U.S.C. 1251

et seq. (198892).

"Date of approval by U.S. EPA of the Illinois UIC program" means February 1,

1984.

"Director" means the Director of the Illinois Environmental Protection Agency or

the Director's designee.

"Disposal" (RCRA) means the discharge, deposit, injection, dumping, spilling,

leaking or placing of any "hazardous waste" into or on any land or water so that

such hazardous waste or any constituent of the waste may enter the environment

or be emitted into the air or discharged into any waters, including groundwater.

"Disposal Facility" (RCRA) means a facility or part of a facility at which

"hazardous waste" is intentionally placed into or on the land or water, and at

which hazardous waste will remain after closure. The term disposal facility does

not include a corrective action management unit into which remediation wastes

are placed.

"Draft Permit" means a document prepared under 35 Ill. Adm. Code 705.141

indicating the Agency's tentative decision to issue, deny, modify, terminate or

reissue a "permit". A notice of intent to deny a permit, as discussed in 35 Ill.

Adm. Code 705.141 is a type of "draft permit". A denial of a request for

modification, as discussed in 35 Ill. Adm. Code 705.128, is not a "draft permit".

A "proposed permit" is not a "draft permit".

"Drilling Mud" (UIC) means a heavy suspension used in drilling an "injection

well", introduced down the drill pipe and through the drill bit.

"Elementary neutralization unit" means a device which:

Is used for neutralizing wastes which are hazardous wastes only because

they exhibit the corrosivity characteristics defined in 35 Ill. Adm. Code

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

6

only for this reason; and

Meets the definition of tank, tank system, container, transport vehicle or

vessel in 35 Ill. Adm. Code 720.110.

"Emergency Permit" means a RCRA or UIC "permit" issued in accordance with

35 Ill. Adm. Code 703.221 or 704.163, respectively.

"Environmental Protection Act" means the Environmental Protection Act (Ill.

Rev. Stat. 198791, ch. 111 1/22, par. 1001 et seq. [415 ILCS 5]).

"Environmental Protection Agency" ("EPA" or "U.S. EPA")

means the United

States Environmental Protection Agency.

"EPA" means the

United States "Environmental Protection Agency".

"Exempted aquifer" (UIC) means an "aquifer" or its portion that meets the criteria

in the definition of "underground source of drinking water" but which has been

exempted according to the procedures in 35 Ill. Adm. Code 702.105, 704.104 and

704.123(b).

"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 has commenced construction if:

The owner or operator has obtained the Federal, State and local approvals

or permits necessary to begin physical construction; and

Either:

A continuous on-site, physical construction program has begun; or

The owner or operator has entered into contractual obligations --

which cannot be cancelled or modified without substantial loss --

for physical construction of the facility to be completed within a

reasonable time.

"Existing injection well" (UIC) means an "injection well" other than a "new

injection well".

"Facility or activity" means any "HWM facility", UIC "injection well", or any

other facility or activity (including land or appurtenances thereto) that is subject

to regulations under the Illinois RCRA or UIC program.

7

"Facility mailing list" (RCRA) means the mailing list for a facility maintained by

the Agency in accordance with 35 Ill. Adm. Code 705.163.

"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. (See 35 Ill. Adm.

Code 700.102 et seq.)

"Final authorization" (RCRA) means approval by EPA of the Illinois Hazardous

Waste Management Program which has met the requirements of Section 3006(b)

of RCRA and the applicable requirements of 40 CFR 271, Subpart A (198792).

EPA granted initial final authorization on January 31, 1986.

"Fluid" (UIC) means any material or substance which flows or moves whether in

a semisolid, liquid, sludge, gas or any other form or state.

"Formation" (UIC) means a body of rock characterized by a degree of lithologic

homogeneity which is prevailingly, but not necessarily, tabular and is mappable

on the earth's surface or traceable in the subsurface.

"Formation fluid" (UIC) means "fluid" present in a "formation" under natural

conditions as opposed to introduced fluids, such as "drilling mud".

"Functionally equivalent component" (RCRA) means a component which

performs the same function or measurement and which meets or exceeds the

performance specifications of another component.

"Generator" (RCRA) means any person, by site location, whose act or process

produces "hazardous waste" identified or listed in 35 Ill. Adm. Code 721.

"Groundwater" (RCRA and UIC) means a water below the land surface in a zone

of saturation.

"Hazardous Waste" (RCRA and UIC) means a hazardous waste as defined in 35

Ill. Adm. Code 721.103.

"Hazardous waste management facility" ("HWM 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 (for example, one or

more landfills, surface impoundments or combinations of them).

"HWM facility" (RCRA) means "Hazardous Waste Management facility".

8

"Injection well" (RCRA and UIC) means a "well" into which "fluids" are being

injected.

"Injection zone" (UIC) means a geological "formation", group of formations or

part of a formation receiving fluids through a "well".

"In operation" (RCRA) means a facility which is treating, storing or disposing of

"hazardous waste".

"Interim authorization" (RCRA) means approval by EPA of the Illinois

Hazardous Waste Management program which has met the requirements of

Section 3006(c) of RCRA and applicable requirements of 40 CFR 271 (198792).

This happened on May 17, 1982.

"Interstate agency" means an agency of two or more states established by or under

an agreement or compact approved by the Congress, or any other agency of two

or more states having substantial powers or duties pertaining to the control of

pollution as determined and approved by the Administrator under the "appropriate

Act and regulations".

"Major facility" means any RCRA or UIC "facility or activity" classified as such

by the Regional Administrator or the Agency.

"Manifest" (RCRA and UIC) means the shipping document originated and signed

by the "generator" which contains the information required by 35 Ill. Adm. Code

722.Subpart B.

"National Pollutant Discharge Elimination System" means the program for

issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing

permits and imposing and enforcing pretreatment requirements under Section

12(f) of the Environmental Protection Act and 35 Ill. Adm. Code 309.Subpart A

and 310. The term includes an "approved program".

"New HWM facility" (RCRA) means a "Hazardous Waste Management facility"

which began operation or for which construction commenced after November 19,

1980.

"New injection well" (UIC) means a "well" which began injection after the UIC

program for the State of Illinois applicable to the well is approved.

"Off-site" (RCRA) means any site which is not "on-site".

"On-site" (RCRA) means on the same or geographically contiguous property

which may be divided by public or private right(s)-of-way, provided the entrance

9

and exit between the properties is at a cross-roads intersection, and access is by

crossing as opposed to going along, the right(s)-of-way. Non-contiguous

properties owned by the same person but connected by a right-of-way which the

person controls and to which the public does not have access, is also considered

on-site property.

"Owner or operator" means the owner or operator of any "facility or activity"

subject to regulation under the RCRA or UIC programs.

"Permit" means an authorization, license or equivalent control document issued to

implement the requirements of this Part and 35 Ill. Adm. Code 703, 704, and 705.

"Permit" includes RCRA "permit by rule" (35 Ill. Adm. Code 703.141), UIC area

permit (35 Ill. Adm. Code 704.162) and RCRA or UIC "Emergency Permit" (35

Ill. Adm. Code 703.221 and 704.163). "Permit" does not include RCRA interim

status (35 Ill. Adm. Code 703.153 et seq.), UIC authorization by rule (35 Ill.

Adm. Code 704. Subpart C), or any permit which has not yet been the subject of

final Agency action, such as a "Draft Permit" or a "Proposed Permit."

"Person" means any individual, partnership, co-partnership, firm, company,

corporation, association, joint stock company, trust, estate, political subdivision,

state agency, or any other legal entity, or their legal representative, agency or

assigns.

"Phase I" (RCRA) means, as used in the corresponding federal regulations, the

period of time commencing May 19, 1980. For Illinois purposes, Phase I began

on May 17, 1982.

"Phase II" (RCRA) means, as used in the corresponding federal regulations, the

period of time commencing May 19, 1980. For Illinois purposes, Phase II will

commenced whenever U.S. EPA grantsed final authorization to the Agency to

issue RCRA permits for any class of facility or unit. This occurred on January 31,

1986.

"Physical construction" (RCRA) means excavation, movement of earth, erection

of forms or structures or similar activity to prepare an "HWM facility" to accept

"hazardous waste".

"Plugging" (UIC) means the act or process of stopping the flow of water, oil or

gas into or out of a formation through a borehole or well penetrating that

formation.

"POTW" means "publicly owned treatment works".

10

"Project" (UIC) means a group of wells in a single operation.

"Publicly owned treatment works" ("POTW") is as defined in 35 Ill. Adm. Code

310.

"Radioactive waste" (UIC) means any waste which contains radioactive material

in concentrations which exceed those listed in 10 CFR 20, Appendix B, Table II,

Column 2, incorporated by reference in 35 Ill. Adm. Code 720.111.

"RCRA" means the Solid Waste Disposal Act as amended by the Resource

Conservation and Recovery Act of 1976 (P. L. 94-580, as amended by P. L.

95-609, P.L. 96-510, 42 U.S.C. 6901 et seq. (198892)).

"RCRA permit" means a permit required under Section 21(f) of the

Environmental Protection Act.

"Regional Administrator" means the Regional Administrator for the EPA Region

in which the facility is located or the Regional Administrator's designee.

"Schedule of compliance" means a schedule of remedial measures included in a

"permit", including an enforceable sequence of interim requirements (for

example, actions, operations or milestone events) leading to compliance with the

"appropriate Act and regulations".

"SDWA" means the Safe Drinking Water Act (Pub. L. 93-523, as amended 42

U.S.C. 300f et seq. (198892)).

"Site" means the land or water area where any "facility or activity" is physically

located or conducted, including adjacent land used in connection with the facility

or activity.

"SIC Code" means codes pursuant to the Standard Industrial Classification

Manual incorporated by reference in 35 Ill. Adm. Code 720.111.

"State" means the State of Illinois.

"State Director" means the Director of the Illinois Environmental Protection

Agency.

"State/EPA Agreement" means an agreement between the Regional Administrator

and the State which coordinates EPA and State activities, responsibilities and

programs including those under the RCRA and SDWA.

"Storage" (RCRA) means the holding of "hazardous waste" for a temporary

11

period, at the end of which the hazardous waste is treated, disposed or stored

elsewhere.

"Stratum (plural strata)" (UIC) means a single sedimentary bed or layer,

regardless of thickness, that consists of generally the same kind of rock material.

"Total dissolved solids" (UIC) means the total dissolved (filterable) solids as

determined by use of the method specified in 40 CFR 136, incorporated by

reference in 35 Ill. Adm. Code 720.111.

"Transfer facility" means any transportation related facility including loading

docks, parking areas, storage areas and other similar areas where shipments of

hazardous wastes are held during the normal course of transportation.

"Transporter" (RCRA) means a person engaged in the off-site transportation of

"hazardous waste" by air, rail, highway or water.

"Treatment" (RCRA) means any method, technique, process, including

neutralization, designed to change the physical, chemical or biological character

or composition of any "hazardous waste" so as to neutralize such wastes, or so as

to recover energy or material resources from the waste, or so as to render such

wastes non-hazardous, or less hazardous; safer to transport, store or dispose of; or

amenable for recovery, amenable for storage or reduced in volume.

"UIC" means the Underground Injection Control program.

"Underground Injection" (UIC) means a "well injection".

"Underground source of drinking water" ("USDW") (RCRA and UIC) means an

"aquifer" or its portion:

Which:

Supplies any public water system; or

Contains a sufficient quantity of groundwater to supply a public water

system; and

Currently supplies drinking water for human consumption; or

Contains less than 10,000 mg/1 total dissolved solids; and

Which is not an "exempted aquifer".

12

"USDW" (RCRA and UIC) means an "underground source of drinking water".

"USEPA" means the United States Environmental Protection Agency.

"Wastewater treatment unit" means a device which:

Is part of a wastewater treatment facility which is subject to regulation

under 35 Ill. Adm. Code 309.Subpart A or 310; and

Receives and treats or stores an influent wastewater which is a hazardous

waste as defined in 35 Ill. Adm. Code 721.103, or generates and

accumulates a wastewater treatment sludge which is a hazardous waste as

defined in 35 Ill. Adm. Code 721.103, or treats or stores a wastewater

treatment sludge which is a hazardous waste as defined in 35 Ill. Adm.

Code 721.103, and

Meets the definition of tank or tank system in 35 Ill. Adm. Code 720.110.

"Well (UIC) means a bored, drilled or driven shaft, or a dug hole, whose depth is

greater than the largest surface dimension.

"Well injection" (UIC) 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.

BOARD NOTE: Derived from 40 CFR 144.3 and 270.2 (198892), as amended at

538 Fed. Reg. 340868685 (Feb. 16, 1993), September 2, 1988, and 53 Fed. Reg.

37934, September 28, 1988.

(Source: Amended at _____ Ill. Reg. _________, effective ____________________)

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

13

SUBPART B: PROHIBITIONS

Section

703.120

Prohibitions in General

703.121

RCRA Permits

703.122

Specific Inclusions in Permit Program

703.123

Specific Exclusions from Permit Program

703.124

Discharges of Hazardous Waste

703.125

Reapplications

703.126

Initial Applications

703.127

Federal Permits (Repealed)

SUBPART C: AUTHORIZATION BY RULE AND INTERIM STATUS

Section

703.140

Purpose and Scope

703.141

Permits by Rule

703.150

Application by Existing HWM Facilities and Interim Status Qualifications

703.151

Application by New HWM Facilities

703.152

Amended Part A Application

703.153

Qualifying for Interim Status

703.154

Prohibitions During Interim Status

703.155

Changes During Interim Status

703.156

Interim Status Standards

703.157

Grounds for Termination of Interim Status

703.158

Permits for Less Than an Entire Facility

703.159

Closure by Removal

703.160

Procedures for Closure Determination

SUBPART D: APPLICATIONS

Section

703.180

Applications in General

703.181

Contents of Part A

703.182

Contents of Part B

703.183

General Information

703.184

Facility Location Information

703.185

Groundwater Protection Information

703.186

Exposure Information

703.187

Solid Waste Management Units

703.188

Other Information

703.200

Specific Information

703.201

Containers

703.202

Tank Systems

703.203

Surface Impoundments

703.204

Waste Piles

14

703.205

Incinerators

703.206

Land Treatment

703.207

Landfills

703.208

Specific Part B Information Requirements for Boilers and Industrial Furnaces

703.209

Miscellaneous Units

703.210

Process Vents

703.211

Equipment

703.212

Drip Pads

SUBPART E: SHORT TERM AND PHASED PERMITS

Section

703.221

Emergency Permits

703.222

Incinerator Conditions Prior to Trial Burn

703.223

Incinerator Conditions During Trial Burn

703.224

Incinerator Conditions After Trial Burn

703.225

Trial Burns for Existing Incinerators

703.230

Land Treatment Demonstration

703.231

Research, Development and Demonstration Permits

703.232

Permits for Boilers and Industrial Furnaces Burning Hazardous Waste

SUBPART F: PERMIT CONDITIONS OR DENIAL

Section

703.240

Permit Denial

703.241

Establishing Permit Conditions

703.242

Noncompliance Pursuant to Emergency Permit

703.243

Monitoring

703.244

Notice of Planned Changes

703.245

Twenty-four Hour Reporting

703.246

Reporting Requirements

703.247

Anticipated Noncompliance

SUBPART G: CHANGES TO PERMITS

Section

703.260

Transfer

703.270

Modification

703.271

Causes for Modification

703.272

Causes for Modification or Reissuance

703.273

Facility Siting

703.280

Permit Modification at the Request of the Permittee

703.281

Class 1 Modifications

703.282

Class 2 Modifications

703.283

Class 3 Modifications

703.Appendix A

Classification of Permit Modifications

15

AUTHORITY: Implementing Section 22.4 and authorized by Section 27 of the Environmental

Protection Act (Ill. Rev. Stat. 1991, ch. 1112, pars. 1022.4 and 1027 [415 ILCS 5/22.4 and 27]).

SOURCE: Adopted in R82-19, 53 PCB 131, at 7 Ill. Reg. 14289, effective October 12, 1983;

amended in R83-24 at 8 Ill. Reg. 206, effective December 27, 1983; amended in R84-9 at 9 Ill.

Reg. 11899, effective July 24, 1985; amended in R85-22 at 10 Ill. Reg. 1110, effective January

2, 1987; amended in R85-23 at 10 Ill. Reg. 13284, effective July 28, 1986; amended in R86-1 at

10 Ill. Reg. 14093, effective August 12, 1986; amended in R86-19 at 10 Ill. Reg. 20702,

effective December 2, 1986; amended in R86-28 at 11 Ill. Reg. 6121, effective March 24, 1987;

amended in R86-46 at 11 Ill. Reg. 13543, effective August 4, 1987; amended in R87-5 at 11 Ill.

Reg. 19383, effective November 12, 1987; amended in R87-26 at 12 Ill. Reg. 2584, effective

January 15, 1988; amended in R87-39 at 12 Ill. Reg. 13069, effective July 29, 1988; amended in

R88-16 at 13 Ill. Reg. 447, effective December 27, 1988; amended in R89-1 at 13 Ill. Reg.

18477, effective November 13, 1989; amended in R89-9 at 14 Ill. Reg. 6278, effective April 16,

1990; amended in R90-2 at 14 Ill. Reg. 14492, effective August 22, 1990; amended in R90-11 at

15 Ill. Reg. 9616, effective June 17, 1991; amended in R91-1 at 15 Ill. Reg. 14554, effective

September 30, 1991; amended in R91-13 at 16 Ill Reg. 9767, effective June 9, 1992; amended in

R92-10 at 17 Ill. Reg. 5774, effective March 26, 1993; amended in R93-4 at 17 Ill. Reg. 20794,

effective November 22, 1993; amended in R93-16 at _____ Ill. Reg. _________, effective

____________________.

Section 703.Appendix A

Classification of Permit Modifications

Class Modifications

General Permit Provisions

Administrative and informational changes.

Correction of typographical errors.

Equipment replacement or upgrading with functionally equivalent

components (e.g., pipes, valves, pumps, conveyors, controls).

Changes in the frequency of or procedures for monitoring, reporting,

sampling or maintenance activities by the permittee:

To provide for more frequent monitoring, reporting or

maintenance.

Other changes.

16

Schedule of compliance:

Changes in interim compliance dates, with prior approval of the

Agency.

BOARD NOTE: "*" indicates that prior Agency approval is

required.

Extension of final compliance date.

Changes in expiration date of permit to allow earlier permit termination,

with prior approval of the Agency.

Changes in ownership or operational control of a facility, provided the

procedures of Section 703.260(b) are followed.

General Facility Standards

Changes to waste sampling or analysis methods:

To conform with Agency guidance or Board regulations.

To incorporate changes associated with F039 (multi-source

leachate) sampling or analysis methods.

To incorporate changes associated with underlying hazardous

constituents in ignitable or corrosive wastes.

Other changes.

Changes to analytical quality assurance/control plan:

To conform with agency guidance or regulations.

Other changes.

Changes in procedures for maintaining the operating record.

Changes in frequency or content of inspection schedules.

Changes in the training plan:

That affect the type or decrease the amount of training given to

employees.

17

Other changes.

Contingency plan:

Changes in emergency procedures (i.e., spill or release response

procedures).

Replacement with functionally equivalent equipment, upgrade or

relocate emergency equipment listed.

Removal of equipment from emergency equipment list.

Changes in name, address or phone number of coordinators or

other persons or agencies identified in the plan.

Note: When a permit modification (such as introduction of a new

unit) requires a change in facility plans or other general facility

standards, that change must be reviewed under the same

procedures as the permit modification.

CQA plan:

Changes that the CQA officer certifies in the operating record will

provide equivalent or better certainty that the unit components

meet the design specifications.

Other changes.

Note: When a permit modification (such as introduction of a new

unit) requires a change in facility plans or other general facility

standards, that change shall be reviewed under the same

procedures as a permit modification.

Groundwater Protection

Changes to wells:

Changes in the number, location, depth or design of upgradient or

downgradient wells of permitted groundwater monitoring system.

Replacement of an existing well that has been damaged or

rendered inoperable, without change to location, design or depth of

the well.

18

Changes in groundwater sampling or analysis procedures or monitoring

schedule, with prior approval of the Agency.

Changes in statistical procedure for determining whether a statistically

significant change in groundwater quality between upgradient and

downgradient wells has occurred, with prior approval of the Agency.

Changes in point of compliance.

Changes in indicator parameters, hazardous constituents or concentration

limits (including ACLs (Alternate Concentration Limits)):

As specified in the groundwater protection standard.

As specified in the detection monitoring program.

Changes to a detection monitoring program as required by 35 Ill. Adm.

Code 724.198(j), unless otherwise specified in this Appendix.

Compliance monitoring program:

Addition of compliance monitoring program as required by 35 Ill.

Adm. Code 724.198(h)(4) and 724.199.

Changes to a compliance monitoring program as required by 35 Ill.

Adm. Code 724.199(k), unless otherwise specified in this

Appendix.

Corrective action program:

Addition of a corrective action program as required by 35 Ill. Adm.

Code 724.199(i)(2) and 724.200.

Changes to a corrective action program as required by 35 Ill. Adm.

Code 724.200(h), unless otherwise specified in this Appendix.

Closure

Changes to the closure plan:

Changes in estimate of maximum extent of operations or maximum

inventory of waste on-site at any time during the active life of the

facility, with prior approval of the Agency.

19

Changes in the closure schedule for any unit, changes in the final

closure schedule for the facility or extension of the closure period,

with prior approval of the Agency.

Changes in the expected year of final closure, where other permit

conditions are not changed, with prior approval of the Agency.

Changes in procedures for decontamination of facility equipment

or structures, with prior approval of the Agency.

Changes in approved closure plan resulting from unexpected

events occurring during partial or final closure, unless otherwise

specified in this Appendix.

Extension of the closure period to allow a landfill, surface

impoundment or land treatment unit to receive non-hazardous

wastes after final receipt of hazardous wastes under 35 Ill. Adm.

Code 724.213(d) or (e).

Creation of a new landfill unit as part of closure.

Addition of the following new units to be used temporarily for closure

activities:

Surface impoundments.

Incinerators.

Waste piles that do not comply with 35 Ill. Adm. Code 724.350(c).

Waste piles that comply with 35 Ill. Adm. Code 724.350(c).

Tanks or containers (other than specified below).

Tanks used for neutralization, dewatering, phase separation or

component separation, with prior approval of the Agency.

Post-Closure

Changes in name, address or phone number of contact in post-closure

plan.

Extension of post-closure care period.

20

Reduction in the post-closure care period.

Changes to the expected year of final closure, where other permit

conditions are not changed.

Changes in post-closure plan necessitated by events occurring during the

active life of the facility, including partial and final closure.

Containers

Modification or addition of container units:

Resulting in greater than 25% increase in the facility's container

storage capacity, except as provided in F(1)(c) and F(4)(a).

Resulting in up to 25% increase in the facility's container storage

capacity, except as provided in F(1)(c) and F(4)(a).

Or treatment processes necessary to treat wastes that are restricted

from land disposal to meet some or all of the applicable treatment

standards or to treat wastes to satisfy (in whole or in part) the

standard of "use of practically available technology that yields the

greatest environmental benefit" contained in 40 CFR

268.8(a)(2)(ii), incorporated by reference in 35 Ill. Adm. Code

728.108, with prior approval of the Agency. This modification

may also involve the addition of new waste codes or narrative

description of wastes. It is not applicable to dioxin-containing

wastes (F020, F021, F022, F023, F026, F027 and F028).

Modification of container units without an increased capacity or alteration

of the system:

Modification of a container unit without increasing the capacity of

the unit.

Addition of a roof to a container unit without alteration of the

containment system.

Storage of different wastes in containers, except as provided in F(4):

That require additional or different management practices from

those authorized in the permit.

That do not require additional or different management practices

21

from those authorized in the permit.

Note: See Section 703.280(g) for modification procedures to be

used for the management of newly listed or identified wastes.

Storage or treatment of different wastes in containers:

That require addition of units or change in treatment process or

management standards, provided that the wastes are restricted from

land disposal and are to be treated to meet some or all of the

applicable treatment standards, or are to be treated to satisfy (in

whole or in part) the standard of "use of practically available

technology that yields the greatest environmental benefit"

contained in 40 CFR 268.8(a)(2)(ii), incorporated by reference in

35 Ill. Adm. Code 728.108. It is not applicable to dioxin-

containing wastes (F020, F021, F022, F023, F026, F027 and

F028).

That do not require the addition of units or a change in the

treatment process or management standards, and provided that the

units have previously received wastes of the same type (e.g.,

incinerator scrubber water). This modification is not applicable to

dioxin-containing wastes (F020, F021, F022, F023, F026, F027

and F028).

Tanks

Modification or addition of tank units resulting in greater than 25%

increase in the facility's tank capacity, except as provided in

paragraphs G(1)(c), G(1)(d) and G(1)(e).

Modification or addition of tank units resulting in up to 25%

increase in the facility's tank capacity, except as provided in

paragraphs G(1)(d) and G(1)(e).

Addition of a new tank that will operate for more than 90 days

using any of the following physical or chemical treatment

technologies: neutralization, dewatering, phase separation or

component separation.

After prior approval of the Agency, addition of a new tank that will

operate for up to 90 days using any of the following physical or

chemical treatment technologies: neutralization, dewatering, phase

22

separation or component separation.

Modification or addition of tank units or treatment processes that

are necessary to treat wastes that are restricted from land disposal

to meet some or all of the applicable treatment standards or to treat

wastes to satisfy (in whole or in part) the standard of "use of

practically available technology that yields the greatest

environmental benefit" contained in 40 CFR 268.8(a)(2)(ii),

incorporated by reference in 35 Ill. Adm. Code 728.108, with prior

approval of the Agency. This modification may also involve the

addition of new waste codes. It is not applicable to dioxin-

containing wastes (F020, F021, F022, F023, F026, F027 and

F028).

Modification of a tank unit or secondary containment system without

increasing the capacity of the unit.

Replacement of a tank with a tank that meets the same design standards

and has a capacity within +/-

10% of the replaced tank provided:

The capacity difference is no more than 1500 gallons,

The facility's permitted tank capacity is not increased and

The replacement tank meets the same conditions in the permit.

Modification of a tank management practice.

Management of different wastes in tanks:

That require additional or different management practices, tank

design, different fire protection specifications or significantly

different tank treatment process from that authorized in the permit,

except as provided in paragraph G(5)(c).

That do not require additional or different management practices,

tank design, different fire protection specification or significantly

different tank treatment process than authorized in the permit,

except as provided in paragraph G(5)(d).

Note: See Section 703.280(g) for modification procedures to be

used for the management of newly listed or identified wastes.

That require addition of units or change in treatment processes or

23

management standards, provided that the wastes are restricted from

land disposal and are to be treated to meet some or all of the

applicable treatment standards, or that are to be treated to satisfy

(in whole or in part) the standard of "use of practically available

technology that yields the greatest environmental benefit"

contained in 40 CFR 268.8(a)(2)(ii), incorporated by reference in

35 Ill. Adm. Code 728.108. The modification is not applicable to

dioxin-containing wastes (F020, F021, F022, F023, F026, F027

and F028).

That do not require the addition of units or a change in the

treatment process or management standards, and provided that the

units have previously received wastes of the same type (e.g.,

incinerator scrubber water). This modification is not applicable to

dioxin-containing wastes (F020, F021, F022, F023, F026, F027

and F028).

Note: See Section 703.280(g) for modification procedures to be

used for the management of newly listed or identified wastes.

Surface Impoundments

Modification or addition of surface impoundment units that result in

increasing the facility's surface impoundment storage or treatment

capacity.

Replacement of a surface impoundment unit.

Modification of a surface impoundment unit without increasing the

facility's surface impoundment storage or treatment capacity and without

modifying the unit's liner, leak detection system or leachate collection

system.

Modification of a surface impoundment management practice.

Treatment, storage or disposal of different wastes in surface

impoundments:

That require additional or different management practices or

different design of the liner or leak detection system than

authorized in the permit.

That do not require additional or different management practices or

different design of the liner or leak detection system than

24

authorized in the permit.

Note: See Section 703.280(g) for modification procedures to be

used for the management of newly listed or identified wastes.

That are wastes restricted from land disposal that meet the

applicable treatment standards or that are treated to satisfy the

standard of "use of practically available technology that yields the

greatest environmental benefit" contained in 40 CFR

268.8(a)(2)(ii), incorporated by reference in 35 Ill. Adm. Code

728.108, and provided that the unit meets the minimum

technological requirements stated in 40 CFR 268.5(h)(2),

incorporated by reference in 35 Ill. Adm. Code 728.105. This

modification is not applicable to dioxin-containing wastes (F020,

F021, F022, F023, F026, F027 and F028).

That are residues from wastewater treatment or incineration,

provided the disposal occurs in a unit that meets the minimum

technological requirements stated in 40 CFR 268.5(h)(2),

incorporated by reference in 35 Ill. Adm. Code 728.105, and

provided further that the surface impoundment has previously

received wastes of the same type (for example, incinerator

scrubber water). This modification is not applicable to dioxin-

containing wastes (F020, F021, F022, F023, F026, F027 and

F028).

Modifications of unconstructed units to comply with 35 Ill. Adm. Code

724.321(c), 724.322, 724.323 and 724.326(d).

Changes in response action plan:

Increase in action leakage rate.

Change in a specific response reducing its frequency or

effectiveness.

Other changes.

Note: See Section 703.280(g) for modification procedures to be

used for the management of newly listed or identified wastes.

Enclosed Waste Piles.

For all waste piles, except those complying with 35 Ill.

Adm. Code 724.350(c), modifications are treated the same as for a landfill.

The

following modifications are applicable only to waste piles complying with 35 Ill.

Adm. Code 724.350(c).

25

Modification or addition of waste pile units:

Resulting in greater than 25% increase in the facility's waste pile

storage or treatment capacity.

Resulting in up to 25% increase in the facility's waste pile storage

or treatment capacity.

Modification of waste pile unit without increasing the capacity of the unit.

Replacement of a waste pile unit with another waste pile unit of the same

design and capacity and meeting all waste pile conditions in the permit.

Modification of a waste pile management practice.

Storage or treatment of different wastes in waste piles:

That require additional or different management practices or

different design of the unit.

That do not require additional or different management practices or

different design of the unit.

Note: See Section 703.280(g) for modification procedures to be

used for the management of newly listed or identified wastes.

Conversion of an enclosed waste pile to a containment building unit.

Note: See Section 703.280(g) for modification procedures to be used for

the management of newly listed or identified wastes.

Landfills and Unenclosed Waste Piles

Modification or addition of landfill units that result in increasing the

facility's disposal capacity.

Replacement of a landfill.

Addition or modification of a liner, leachate collection system, leachate

detection system, run-off control or final cover system.

Modification of a landfill unit without changing a liner, leachate collection

system, leachate detection system, run-off control or final cover system.

26

Modification of a landfill management practice.

Landfill different wastes:

That require additional or different management practices,

different design of the liner, leachate collection system or leachate

detection system.

That do not require additional or different management practices,

different design of the liner, leachate collection system or leachate

detection system.

Note: See Section 703.280(g) for modification procedures to be

used for the management of newly listed or identified wastes.

That are wastes restricted from land disposal that meet the

applicable treatment standards or that are treated to satisfy the

standard of "use of practically available technology that yields the

greatest environmental benefit" contained in 40 CFR

268.8(a)(2)(ii), incorporated by reference in 35 Ill. Adm. Code

728.108, and provided that the landfill unit meets the minimum

technological requirements stated in 40 CFR 268.5(h)(2),

incorporated by reference in 35 Ill. Adm. Code 728.105. This

modification is not applicable to dioxin-containing wastes (F020,

F021, F022, F023, F026, F027 and F028).

That are residues from wastewater treatment or incineration,

provided the disposal occurs in a landfill unit that meets the

minimum technological requirements stated in 40 CFR

268.5(h)(2), incorporated by reference in 35 Ill. Adm. Code

728.105, and provided further that the landfill has previously

received wastes of the same type (for example, incinerator ash).

This modification is not applicable to dioxin-containing wastes

(F020, F021, F022, F023, F026, F027 and F028).

Modification of unconstructed units to comply with 35 Ill. Adm. Code

724.351(c), 724.352, 724.353, 724.354(c), 724.401(c), 724.402,

724.403(c) and 724.404.

Changes in response action plan:

Increase in action leakage rate.

Change in a specific response reducing its frequency or

27

effectiveness.

Other changes.

Note: See Section 703.280(g) for modification procedures to be

used for the management of newly listed or identified wastes.

Land Treatment

Lateral expansion of or other modification of a land treatment unit to

increase area extent.

Modification of run-on control system.

Modify run-off control system.

Other modification of land treatment unit component specifications or

standards required in permit.

Management of different wastes in land treatment units:

That require a change in permit operating conditions or unit design

specifications.

That do not require a change in permit operating conditions or unit

design specifications.

Note: See Section 703.280(g) for modification procedures to be

used for the management of newly listed or identified wastes.

Modification of a land treatment unit management practice to:

Increase rate or change method of waste application.

Decrease rate of waste application.

Modification of a land treatment unit management practice to change

measures of pH or moisture content or to enhance microbial or chemical

reactions.

Modification of a land treatment unit management practice to grow food

chain crops, to add to or replace existing permitted crops with different

food chain crops or to modify operating plans for distribution of animal

feeds resulting from such crops.

28

Modification of operating practice due to detection of releases from the

land treatment unit pursuant to 35 Ill. Adm. Code 724.378(g)(2).

10.

Changes in the unsaturated zone monitoring system resulting in a change

to the location, depth, number of sampling points or replace unsaturated

zone monitoring devices or components of devices with devices or

components that have specifications different from permit requirements.

11.

Changes in the unsaturated zone monitoring system that do not result in a

change to the location, depth, number of sampling points, or that replace

unsaturated zone monitoring devices or components of devices with

devices or components having specifications different from permit

requirements.

12.

Changes in background values for hazardous constituents in soil and soil-

pore liquid.

13.

Changes in sampling, analysis or statistical procedure.

14.

Changes in land treatment demonstration program prior to or during the

demonstration.

15.

Changes in any condition specified in the permit for a land treatment unit

to reflect results of the land treatment demonstration, provided

performance standards are met, and the Agency's prior approval has been

received.

16.

Changes to allow a second land treatment demonstration to be conducted

when the results of the first demonstration have not shown the conditions

under which the wastes can be treated completely, provided the conditions

for the second demonstration are substantially the same as the conditions

for the first demonstration and have received the prior approval of the

Agency.

17.

Changes to allow a second land treatment demonstration to be conducted

when the results of the first demonstration have not shown the conditions

under which the wastes can be treated completely, where the conditions

for the second demonstration are not substantially the same as the

conditions for the first demonstration.

18.

Changes in vegetative cover requirements for closure.

Incinerators, Boilers and Industrial Furnaces

29

Changes to increase by more than 25% any of the following limits

authorized in the permit: A thermal feed rate limit, a feedstream feed rate

limit, a chlorine/chloride feed rate limit, a metal feed rate limit or an ash

feed rate limit. The Agency shall require a new trial burn to substantiate

compliance with the regulatory performance standards unless this

demonstration can be made through other means.

Changes to increase by up to 25% any of the following limits authorized

in the permit: A thermal feed rate limit, a feedstream feed rate limit, a

chlorine/chloride feed rate limit, a metal feed rate limit or an ash feed rate

limit. The Agency shall require a new trial burn to substantiate

compliance with the regulatory performance standards unless this

demonstration can be made through other means.

Modification of an incinerator, boiler or industrial furnace unit by

changing the internal size or geometry of the primary or secondary

combustion units, by adding a primary or secondary combustion unit, by

substantially changing the design of any component used to remove

HCl/Cl

, metals or particulate from the combustion gases or by changing

other features of the incinerator, boiler or industrial furnace that could

affect its capability to meet the regulatory performance standards. The

Agency shall require a new trial burn to substantiate compliance with the

regulatory performance standards, unless this demonstration can be made

through other means.

Modification of an incinerator, boiler or industrial furnace unit in a

manner that will not likely affect the capability of the unit to meet the

regulatory performance standards but which will change the operating

conditions or monitoring requirements specified in the permit.

The

Agency may require a new trial burn to demonstrate compliance with the

regulatory performance standards.

Operating requirements:

Modification of the limits specified in the permit for minimum or

maximum combustion gas temperature, minimum combustion gas

residence time, oxygen concentration in the secondary combustion

chamber, flue gas carbon monoxide or hydrocarbon concentration,

maximum temperature at the inlet to the PM emission control

system or operating parameters for the air pollution control system.

The Agency shall require a new trial burn to substantiate

compliance with the regulatory performance standards unless this

demonstration can be made through other means.

30

Modification of any stack gas emission limits specified in the

permit, or modification of any conditions in the permit concerning

emergency shutdown or automatic waste feed cutoff procedures or

controls.

Modification of any other operating condition or any inspection or

recordkeeping requirement specified in the permit.

Burning different wastes:

If the waste contains a POHC that is more difficult to burn than

authorized by the permit or if burning of the waste requires

compliance with different regulatory performance standards than

specified in the permit, the Agency shall require a new trial burn to

substantiate compliance with the regulatory performance

standards, unless this demonstration can be made through other

means.

If the waste does not contain a POHC that is more difficult to burn

than authorized by the permit and if burning of the waste does not

require compliance with different regulatory performance

standards than specified in the permit.

BOARD NOTE: See Section 703.280(g) for modification

procedures to be used for the management of newly listed or

identified wastes.

Shakedown and trial burn:

Modification of the trial burn plan or any of the permit conditions

applicable during the shakedown period for determining

operational readiness after construction, the trial burn period or the

period immediately following the trial burn.

Authorization of up to an additional 720 hours of waste burning

during the shakedown period for determining operational readiness

after construction, with the prior approval of the Agency.

Changes in the operating requirements set in the permit for

conducting a trial burn, provided the change is minor and has

received the prior approval of the Agency.

Changes in the ranges of the operating requirements set in the

permit to reflect the results of the trial burn, provided the change is

31

minor and has received the prior approval of the Agency.

Substitution of an alternate type of nonhazardous waste fuel that is not

specified in the permit.

Containment Buildings.

Modification or addition of containment building units:

Resulting in greater than 25% increase in the facility's containment

building storage or treatment capacity.

Resulting in up to 25% increase in the facility's containment

building storage or treatment capacity.

Modification of a containment building unit or secondary containment

system without increasing the capacity of the unit.

Replacement of a containment building with a containment building that

meets the same design standards provided:

The unit capacity is not increased.

The replacement containment building meets the same conditions

in the permit.

Modification of a containment building management practice.

Storage or treatment of different wastes in containment buildings:

That require additional or different management practices.

That do not require additional or different management practices

Corrective Action.

Approval of a corrective action management unit pursuant to 35 Ill. Adm.

Code 724.652.

Approval of a temporary unit or time extension pursuant to 35 Ill. Adm.

Code 724.653.

Note: * indicates modifications requiring prior Agency approval.

32

BOARD NOTE: Derived from 40 CFR 270.42, Appendix I (19902), as

amended at 58 Fed. Reg. 372818685, AugustFebruary 186, 19923.

(Source: Amended at _____ Ill. Reg. _________, effective ____________________)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 720

HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

SUBPART A: GENERAL PROVISIONS

Section

720.101

Purpose, Scope and Applicability

720.102

Availability of Information; Confidentiality of Information

720.103

Use of Number and Gender

SUBPART B: DEFINITIONS

Section

720.110

Definitions

720.111

References

SUBPART C: RULEMAKING PETITIONS AND OTHER PROCEDURES

Section

720.120

Rulemaking

720.121

Alternative Equivalent Testing Methods

720.122

Waste Delisting

720.130

Procedures for Solid Waste Determinations

720.131

Solid Waste Determinations

720.132

Boiler Determinations

720.133

Procedures for Determinations

720.140

Additional regulation of certain hazardous waste Recycling Activities on a case-

by-case Basis

720.141

Procedures for case-by-case regulation of hazardous waste Recycling Activities

720.Appendix A

Overview of 40 CFR, Subtitle C Regulations

AUTHORITY: Implementing Section 22.4 and authorized by Section 27 of the Environmental

Protection Act (Ill. Rev. Stat. 1991, ch. 1112, pars. 1022.4 and 1027 [415 ILCS 5/22.4 and

5/27]).

SOURCE: Adopted in R81-22, 43 PCB 427, at 5 Ill. Reg. 9781, effective as noted in 35 Ill.

33

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, 1983; amended in R84-9, 53 PCB 131 at 9 Ill. Reg. 11819, effective July 24, 1985; amended

in R85-22 at 10 Ill. Reg. 968, effective January 2, 1986; amended in R86-1 at 10 Ill. Reg. 13998,

effective August 12, 1986; amended in R86-19 at 10 Ill. Reg. 20630, effective December 2,

1986; amended in R86-28 at 11 Ill. Reg. 6017, effective March 24, 1987; amended in R86-46 at

11 Ill. Reg. 13435, effective August 4, 1987; amended in R87-5 at 11 Ill. Reg. 19280, effective

November 12, 1987; amended in R87-26 at 12 Ill. Reg. 2450, effective January 15, 1988;

amended in R87-39 at 12 Ill. Reg. 12999, effective July 29, 1988; amended in R88-16 at 13 Ill.

Reg. 362, effective December 27, 1988; amended in R89-1 at 13 Ill. Reg. 18278, effective

November 13, 1989; amended in R89-2 at 14 Ill. Reg. 3075, effective February 20, 1990;

amended in R89-9 at 14 Ill. Reg. 6225, effective April 16, 1990; amended in R90-10 at 14 Ill.

Reg. 16450, effective September 25, 1990; amended in R90-17 at 15 Ill. Reg. 7934, effective

May 9, 1991; amended in R90-11 at 15 Ill. Reg. 9323, effective June 17, 1991; amended in R91-

1 at 15 Ill. Reg. 14446, effective September 30, 1991; amended in R91-13 at 16 Ill. Reg. 9489,

effective June 9, 1992; amended in R92-1 at 16 Ill. Reg. 17636, effective November 6, 1992;

amended in R92-10 at 17 Ill. Reg. 5625, effective March 26, 1993; amended in R93-4 at 17 Ill.

Reg. 20545, effective November 22, 1993; amended in R93-16 at _____ Ill. Reg. _________,

effective ____________________.

SUBPART B: DEFINITIONS

Section 720.110

Definitions

When used in 35 Ill. Adm. Code 720 through 726 and 728 only, the following terms have the

meanings given below:

"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".)

34

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

Agency or the Administrator's designee.

"Agency" means the Illinois Environmental Protection Agency.

"Ancillary equipment" means any device including, but not limited to, such

devices as piping, fittings, flanges, valves and pumps, that is used to distribute,

meter or control the flow of hazardous waste from its point of generation to

storage or treatment tank(s), between hazardous waste storage and treatment tanks

to a point of disposal onsite, or to a point of shipment for disposal off-site.

"Aquifer" means a geologic formation, group of formations or part of a formation

capable of yielding a significant amount of groundwater to wells or springs.

"Authorized representative" means the person responsible for the overall

operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant

manager, superintendent or person of equivalent responsibility.

"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

35

energy, calculated on an annual basis. In this calculation, no credit shall

be given for recovered heat used internally in the same unit. (Examples of

internal use are the preheating of fuel or combustion air, and the driving of

induced or forced draft fans or feedwater pumps); or

The unit is one which the Board has determined, on a case-by-case basis,

to be a boiler, after considering the standards in Section 720.132.

"Carbon regeneration unit" means any enclosed thermal treatment device used to

regenerate spent activated carbon.

"Certification" means a statement of professional opinion based upon knowledge

and belief.

"Closed Portion" means that portion of a facility which an owner or operator has

closed in accordance with the approved facility closure plan and all applicable

closure requirements. (See also "active portion" and "inactive portion".)

"Component" means either the tank or ancillary equipment of a tank system.

"Confined aquifer" means an aquifer bounded above and below by impermeable

beds or by beds of distinctly lower permeability than that of the aquifer itself; an

aquifer containing confined groundwater.

"Container" means any portable device in which a material is stored, transported,

treated, disposed of or otherwise handled.

"Containment Building" means a hazardous waste management unit that is used

to store or treat hazardous waste under the provisions of 35 Ill. Adm. Code

724.Subpart DD and 35 Ill. Adm. Code 725.Subpart DD.

"Contingency plan" means a document setting out an organized, planned and

coordinated course of action to be followed in case of a fire, explosion or release

of hazardous waste or hazardous waste constituents which could threaten human

health or the environment.

"Corrective action management unit" or "CAMU" means an area within a facility

that is designated by the Agency under 35 Ill. Adm. Code 724.Subpart S for the

purpose of implementing corrective action requirements under 35 Ill. Adm. Code

724.201 and RCRA section 3008(h). A CAMU shall only be used for the

management of remediation wastes pursuant to implementing such corrective

action requirements at the facility.

BOARD NOTE: U.S. EPA must also designate a CAMU until it grants this

authority to the Agency. See the note following 35 Ill. Adm. Code 724.652.

36

"Corrosion expert" means a person who, by reason of knowledge of the physical

sciences and the principles of engineering and mathematics, acquired by a

professional education and related practical experience, is qualified to engage in

the practice of corrosion control on buried or submerged metal piping systems

and metal tanks. Such a person must be certified as being qualified by the

National Association of Corrosion Engineers (NACE) or be a registered

professional engineer who has certification or licensing that includes education

and experience in corrosion control on buried or submerged metal piping systems

and metal tanks.

"Designated facility" means a hazardous waste treatment, storage or disposal

facility,

Which:

Has received a RCRA permit (or interim status) pursuant to 35 Ill.

Adm. Code 702, 703 and 705;

Has received a RCRA permit from U.S. EPA pursuant to 40 CFR

124 and 270 (1991);

Has received a RCRA permit from a state authorized by U.S. EPA

pursuant to 40 CFR 271 (1991); or

Is regulated under 35 Ill. Adm. Code 721.106(c)(2) or 266.Subpart

F; and

Which has been designated on the manifest by the generator pursuant to

35 Ill. Adm. Code 722.120.

If a waste is destined to a facility in a state, other than Illinois, which has

been authorized by U.S. EPA pursuant to 40 CFR 271, but which has not

yet obtained authorization to regulate that waste as hazardous, then the

designated facility must be a facility allowed by the receiving state to

accept such waste.

"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

37

waste into or on any land or water.

"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or

placing of any solid waste or hazardous waste into or on any land or water so that

such solid waste or hazardous waste or any constituent thereof may enter the

environment or be emitted into the air or discharged into any waters, including

groundwaters.

"Disposal facility" means a facility or part of a facility at which hazardous waste

is intentionally placed into or on any land or water and at which waste will remain

after closure. The term disposal facility does not include a corrective action

management unit (CAMU) into which remediation wastes are placed.

"Drip pad" means an engineered structure consisting of a curbed, free-draining

base, constructed of non-earthen materials and designed to convey preservative

kick-back or drippage from treated wood, precipitation and surface water run-on

to an associated collection system at wood preserving plants.

"Elementary neutralization unit" means a device which:

Is used for neutralizing wastes which are hazardous only because they

exhibit the corrosivity characteristic defined in 35 Ill. Adm. Code 721.122

or are listed in 35 Ill. Adm. Code 721.Subpart D only for this reason; and

Meets the definition of tank, tank system, container, transport vehicle or

vessel in this Section.

"EPA" or "U.S. EPA" or

"USEPA" means United States Environmental

Protection Agency.

"EPA hazardous waste number" or "U.S. EPA hazardous waste number" or

"USEPA hazardous waste number" means the number assigned by EPA to each

hazardous waste listed in 35 Ill. Adm. Code 721.Subpart D and to each

characteristic identified in 35 Ill. Adm. Code 721.Subpart C.

"EPA identification number" or "U.S. EPA identification number" or

"USEPA

identification number" means the number assigned by U.S. EPA 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

38

and Rhode Island

Region II: New York, New Jersey, Commonwealth of Puerto Rico and the

U.S. Virgin Islands

Region III: Pennsylvania, Delaware, Maryland, West Virginia, Virginia

and the District of Columbia

Region IV: Kentucky, Tennessee, North Carolina, Mississippi, Alabama,

Georgia, South Carolina and Florida

Region V: Minnesota, Wisconsin, Illinois, Michigan, Indiana and Ohio

Region VI: New Mexico, Oklahoma, Arkansas, Louisiana and Texas

Region VII: Nebraska, Kansas, Missouri and Iowa

Region VIII: Montana, Wyoming, North Dakota, South Dakota, Utah and

Colorado

Region IX: California, Nevada, Arizona, Hawaii, Guam, American Samoa

and Commonwealth of the Northern Mariana Islands

Region X: Washington, Oregon, Idaho and Alaska

"Equivalent method" means any testing or analytical method approved by the

Board pursuant to Section 720.120.

"Existing hazardous waste management (HWM) facility" or "existing facility"

means a facility 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.

39

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

component that is used for the storage or treatment of hazardous waste and that is

in operation, or for which installation has commenced on or prior to July 14,

1986. Installation will be considered to have commenced if the owner or operator

has obtained all federal, State and local approvals or permits necessary to begin

physical construction of the site or installation of the tank system and if either

A continuous on-site physical construction or installation program has

begun; or

The owner or operator has entered into contractual obligations -- which

cannot be canceled or modified without substantial loss -- for physical

construction of the site or installation of the tank system to be completed

within a reasonable time.

"Facility" means:

Aall contiguous land and structures, other appurtenances, and

improvements on the land used for treating, storing, or disposing of

hazardous waste. A facility may consist of several treatment, storage, or

disposal operational units (e.g., one or more landfills, surface

impoundments, or combinations of them).

For the purpose of implementing corrective action under 35 Ill. Adm.

Code 264.201, all contiguous property under the control of the owner or

operator seeking a permit under Subtitle C of RCRA. This definition also

applies to facilities implementing corrective action under RCRA Section

3008(h).

"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

40

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 zone of saturation.

"Hazardous waste" means a hazardous waste as defined in 35 Ill. Adm. Code

721.103.

"Hazardous waste constituent" means a constituent which caused the hazardous

waste to be listed in 35 Ill. Adm. Code 721.Subpart D, or a constituent listed in of

35 Ill. Adm. Code 721.124.

"Hazardous waste management unit" is a contiguous area of land on or in which

hazardous waste is placed, or the largest area in which there is significant

likelihood of mixing hazardous waste constituents in the same area. Examples of

hazardous waste management units include a surface impoundment, a waste pile,

a land treatment area, a landfill cell, an incinerator, a tank and its associated

piping and underlying containment system and a container storage area. A

container alone does not constitute a unit; the unit includes containers and the

land or pad upon which they are placed.

"Inactive portion" means that portion of a facility which is not operated after

November 19, 1980.

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

"Incinerator" means any enclosed device that:

Uses controlled flame combustion and neither:

Meets the criteria for classification as a boiler, sludge dryer or

carbon regeneration unit, nor

Is listed as an industrial furnace; or

Meets the definition of infrared incinerator or plasma arc incinerator.

41

"Incompatible waste" means a hazardous waste which is suitable for:

Placement in a particular device or facility because it may cause corrosion

or decay of containment materials (e.g., container inner liners or tank

walls); or

Commingling with another waste or material under uncontrolled

conditions because the commingling might produce heat or pressure, fire

or explosion, violent reaction, toxic dusts, mists, fumes or gases or

flammable fumes or gases.

(See 35 Ill. Adm. Code 725.Appendix E for examples.)

"Industrial furnace" means any of the following enclosed devices that are integral

components of manufacturing processes and that use thermal treatment to

accomplish recovery of materials or energy:

Cement kilns

Lime kilns

Aggregate kilns

Phosphate kilns

Coke ovens

Blast furnaces

Smelting, melting and refining furnaces (including pyrometallurgical

devices such as cupolas, reverberator furnaces, sintering machines,

roasters and foundry furnaces)

Titanium dioxide chloride process oxidation reactors

Methane reforming furnaces

Pulping liquor recovery furnaces

Combustion devices used in the recovery of sulfur values from spent

sulfuric acid

Halogen acid furnaces (HAFs) for the production of acid from

halogenated hazardous waste generated by chemical production facilities

42

where the furnace is located on the site of a chemical production facility,

the acid product has a halogen acid content of at least 3%, the acid product

is used in a manufacturing process and, except for hazardous waste burned

as fuel, hazardous waste fed to the furnace has a minimum halogen

content of 20%, as generated.

Any other such device as the Agency determines to be an "Industrial

Furnace" on the basis of one or more of the following factors:

The design and use of the device primarily to accomplish recovery

of material products;

The use of the device to burn or reduce raw materials to make a

material product;

The use of the device to burn or reduce secondary materials as

effective substitutes for raw materials, in processes using raw

materials as principal feedstocks;

The use of the device to burn or reduce secondary materials as

ingredients in an industrial process to make a material product;

The use of the device in common industrial practice to produce a

material product; and

Other relevant factors.

"Individual generation site" means the contiguous site at or on which one or more

hazardous wastes are generated.

An individual generation site, such as a large

manufacturing plant, may have one or more sources of hazardous waste but is

considered a single or individual generation site if the site or property is

contiguous.

"Infrared incinerator" means any enclosed device which uses electric powered

resistance heaters as a source of radiant heat followed by an afterburner using

controlled flame combustion and which is not listed as an industrial furnace.

"Inground tank" means a device meeting the definition of "tank" whereby a

portion of the tank wall is situated to any degree within the ground, thereby

preventing visual inspection of that external surface area of the tank that is in the

ground.

"In operation" refers to a facility which is treating, storing or disposing of

hazardous waste.

43

"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 pile, a land treatment facility, a surface

impoundment, an underground injection well, a salt dome formation, a salt bed

formation, an underground mine, or a cave, or a corrective action management

unit (CAMU).

"Landfill cell" means a discrete volume of a hazardous waste landfill which uses a

liner to provide isolation of wastes from adjacent cells or wastes. Examples of

landfill cells are trenches and pits.

"LDS" means leak detection system.

"Leachate" means any liquid, including any suspended components in the liquid,

that has percolated through or drained from hazardous waste.

"Liner" means a continuous layer of natural or manmade materials beneath or on

the sides of a surface impoundment, landfill or landfill cell, which restricts the

downward or lateral escape of hazardous waste, hazardous waste constituents or

leachate.

"Leak-detection system" means a system capable of detecting the failure of either

the primary or secondary containment structure or the presence of a release of

hazardous waste or accumulated liquid in the secondary containment structure.

Such a system must employ operational controls (e.g., daily visual inspections for

44

releases into the secondary containment system of aboveground tanks) or consist

of an interstitial monitoring device designed to detect continuously and

automatically the failure of the primary or secondary containment structure or the

presence of a release of hazardous waste into the secondary containment

structure.

"Management" or "hazardous waste management" means the systematic control

of the collection, source separation, storage, transportation, processing, treatment,

recovery and disposal of hazardous waste.

"Manifest" means the shipping document originated and signed by the generator

which contains the information required by 35 Ill. Adm. Code 722.Subpart B.

"Manifest document number" means the U.S. EPA 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.

"Miscellaneous unit" means a hazardous waste management unit where hazardous

waste is treated, stored or disposed of and which is not a container, tank, tank

system, surface impoundment, pile, land treatment unit, landfill, incinerator,

boiler, industrial furnace, underground injection well with appropriate technical

standards under 35 Ill. Adm. Code 730, containment building, corrective action

management unit (CAMU), or a unit eligible for a research, development and

demonstration permit under 35 Ill. Adm. Code 703.231.

"Movement" means that hazardous waste transported to a facility in an individual

vehicle.

"New hazardous waste management facility" or "new facility" means a facility

which began operation, or for which construction commenced, after November

19, 1980.

(See also "Existing hazardous waste management facility".)

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

that will be used for the storage or treatment of hazardous waste and for which

installation commenced after July 14, 1986; except, however, for purposes of 35

Ill. Adm. Code 724.293(g)(2) and 725.293(g)(2), a new tank system is one for

which construction commences after July 14, 1986. (See also "existing tank

system.")

"Onground tank" means a device meeting the definition of "tank" that is situated

45

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 interSsection and access is by crossing as opposed

to going along the right-of-way. Noncontiguous properties owned by the same

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

does not have access is also considered on-site property.

"Open burning" means the combustion of any material without the following

characteristics:

Control of combustion air to maintain adequate temperature for efficient

combustion;

Containment of the combustion reaction in an enclosed device to provide

sufficient residence time and mixing for complete combustion; and

Control of emission of the gaseous combustion products.

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

"Operator" means the person responsible for the overall operation of a facility.

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

"Partial closure" means the closure of a hazardous waste management unit in

accordance with the applicable closure requirements of 35 Ill. Adm. Code 724 or

725 at a facility which contains other active hazardous waste management units.

For example, partial closure may include the closure of a tank (including its

associated piping and underlying containment systems), landfill cell, surface

impoundment, waste pile or other hazardous waste management unit, while other

units of the same facility continue to operate.

"Person" means an individual, trust, firm, joint stock company, federal agency,

corporation (including a government corporation), partnership, association, state,

municipality, commission, political subdivision of a state or any interstate body.

"Personnel" or "facility personnel" means all persons who work at or oversee the

operations of a hazardous waste facility and whose actions or failure to act may

result in noncompliance with the requirements of 35 Ill. Adm. Code 724 or 725.

46

"Pile" means any noncontainerized accumulation of solid, non-flowing hazardous

waste that is used for treatment or storage, and that is not a containment building.

"Plasma arc incinerator" means any enclosed device which uses a high intensity

electrical discharge or arc as a source of heat followed by an afterburner using

controlled flame combustion and which is not listed as an industrial furnace.

"Point source" means any discernible, confined and discrete conveyance

including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well,

discrete fissure, container, rolling stock, concentrated animal feeding operation or

vessel or other floating craft from which pollutants are or may be discharged.

This term does not include return flows from irrigated agriculture.

"Publicly owned treatment works" or "POTW" is as defined in 35 Ill. Adm. Code

310.110.

"Qualified groundwater scientist" means a scientist or engineer who has received

a baccalaureate or postgraduate degree in the natural sciences or engineering, and

has sufficient training and experience in groundwater hydrology and related

fields, as demonstrated by state registration, professional certifications or

completion of accredited university courses that enable the individual to make

sound professional judgments regarding groundwater monitoring and contaminant

fate and transport.

BOARD NOTE: "State registration" includes, but is not limited to,

registration as a professional engineer with the Department of Professional

Regulation, pursuant to Ill. Rev. Stat. 1991, ch. 111, par. 5201 [225 ILCS

325/1] and 68 Ill. Adm. Code 1380. "Professional certification" includes,

but is not limited to, certification under the certified ground water

professional program of the National Ground Water Association.

"Regional Administrator" means the Regional Administrator for the EPA Region

in which the facility is located or the Regional Administrator's designee.

"Remediation waste" means all solid and hazardous wastes, and all media

(including groundwater, surface water, soils, and sediments) and debris that

contain listed hazardous wastes or which themselves exhibit a hazardous waste

characteristic which are managed for the purpose of implementing corrective

action requirements under 35 Ill. Adm. Code 724.201 and RCRA Section

3008(h). For a given facility, remediation wastes may originate only from within

the facility boundary, but may include waste managed in implementing RCRA

sections 3004(v) or 3008(h) for releases beyond the facility boundary.

"Representative sample" means a sample of a universe or whole (e.g., waste pile,

47

lagoon, groundwater) which can be expected to exhibit the average properties of

the universe or whole.

"Replacement unit" means a landfill, surface impoundment or waste pile unit

from which all or substantially all of the waste is removed, and which is

subsequently reused to treat, store or dispose of hazardous waste. "Replacement

unit" does not include a unit from which waste is removed during closure, if the

subsequent reuse solely involves the disposal of waste from that unit and other

closing units or corrective action areas at the facility, in accordance with a closure

or corrective action plan approved by U.S. EPA or the Agency.

"Runoff" means any rainwater, leachate or other liquid that drains over land from

any part of a facility.

"Runon" means any rainwater, leachate or other liquid that drains over land onto

any part of a facility.

"Saturated zone" or "zone of saturation" means that part of the earth's crust in

which all voids are filled with water.

"SIC Code" means Standard Industrial Code as defined in Standard Industrial

Classification Manual, incorporated by reference in Section 720.111.

"Sludge" means any solid, semi-solid or liquid waste generated from a municipal,

commercial or industrial wastewater treatment plant, water supply treatment plant

or air pollution control facility exclusive of the treated effluent from a wastewater

treatment plant.

"Sludge dryer" means any enclosed thermal treatment device which is used to

dehydrate sludge and which has a total thermal input, excluding the heating value

of the sludge itself, of 2500 Btu/lb or less of sludge treated on a wet weight basis.

"Small Quantity Generator" means a generator which generates less than 1000 kg

of hazardous waste in a calendar month.

"Solid waste" means a solid waste as defined in 35 Ill. Adm. Code 721.102.

"Sorbent" means a material that is used to soak up free liquids by either

adsorption or absorption, or both. "Sorb" means to either adsorb or absorb, or

both.

"Sump" means any pit or reservoir that meets the definition of tank and those

troughs or trenches connected to it that serve to collect hazardous waste for

transport to hazardous waste storage, treatment or disposal facilities; except that,

48

as used in the landfill, surface impoundment and waste pile rules, "sump" means

any lined pit or reservoir that serves to collect liquids drained from a leachate

collection and removal system or leak detection system for subsequent removal

from the system.

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

Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa and

the Commonwealth of the Northern Mariana Islands.

"Storage" means the holding of hazardous waste for a temporary period, at the

end of which the hazardous waste is treated, disposed of or stored elsewhere.

"Surface impoundment" or "impoundment" means a facility or part of a facility

which is a natural topographic depression, manmade excavation or diked area

formed primarily of earthen materials (although it may be lined with manmade

materials) which is designed to hold an accumulation of liquid wastes or wastes

containing free liquids and which is not an injection well. Examples of surface

impoundments are holding, storage, settling and aeration pits, ponds and lagoons.

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

hazardous waste which is constructed primarily of nonearthen materials (e.g.,

wood, concrete, steel, plastic) which provide structural support.

"Tank system" means a hazardous waste storage or treatment tank and its

associated ancillary equipment and containment system.

"Thermal treatment" means the treatment of hazardous waste in a device which

uses elevated temperatures as the primary means to change the chemical, physical

or biological character or composition of the hazardous waste.

Examples of

thermal treatment processes are incineration, molten salt, pyrolysis, calcination,

wet air oxidation and microwave discharge. (See also "incinerator" and "open

burning".)

"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

49

of cargo by any mode. Each cargo-carrying body (trailer, railroad freight car,

etc.) is a separate transport vehicle.

"Transportation" means the movement of hazardous waste by air, rail, highway or

water.

"Transporter" means a person engaged in the off-site transportation of hazardous

waste by air, rail, highway or water.

"Treatability study" means:

A study in which a hazardous waste is subjected to a treatment process to

determine:

Whether the waste is amenable to the treatment process.

What pretreatment (if any) is required.

The optimal process conditions needed to achieve the desired

treatment.

The efficiency of a treatment process for a specific waste or

wastes. Or,

The characteristics and volumes of residuals from a particular

treatment process.

Also included in this definition for the purpose of 35 Ill. Adm. Code

721.104(e) and (f) exemptions are liner compatibility, corrosion and other

material compatibility studies and toxicological and health effects studies.

A "treatability study" is not a means to commercially treat or dispose of

hazardous waste.

"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.

50

"Underground injection" means the subsurface emplacement of fluids through a

bored, drilled or driven well; or through a dug well, where the depth of the dug

well is greater than the largest surface dimension. (See also "injection well".)

"Underground tank" means a device meeting the definition of "tank" whose entire

surface area is totally below the surface of and covered by the ground.

"Unfit-for-use tank system" means a tank system that has been determined

through an integrity assessment or other inspection to be no longer capable of

storing or treating hazardous waste without posing a threat of release of hazardous

waste to the environment.

"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.

"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.

"Unsaturated zone" or "zone of aeration" means the zone between the land surface

and the water table.

"USEPA" means United States Environmental Protection Agency.

"Used oil" means any oil that has been refined from crude oil, or any synthetic oil,

that has been used and as a result of such use is contaminated by physical or

chemical impurities.

"Vessel" includes every description of watercraft, used or capable of being used

as a means of transportation on the water.

"Wastewater treatment unit" means a device which:

Is part of a wastewater treatment facility which has an NPDES permit

pursuant to 35 Ill. Adm. Code 309 or a pretreatment permit or

authorization to discharge pursuant to 35 Ill. Adm. Code 310; and

Receives and treats or stores an influent wastewater which is a hazardous

waste as defined in 35 Ill. Adm. Code 721.103, or generates and

accumulates a wastewater treatment sludge which is a hazardous waste as

defined in 35 Ill. Adm. Code 721.103, or treats or stores a wastewater

treatment sludge which is a hazardous waste as defined in 35 Ill. Adm.

Code 721.103; and

51

Meets the definition of tank or tank system in this Section.

"Water (bulk shipment)" means the bulk transportation of hazardous waste which

is loaded or carried on board a vessel without containers or labels.

"Well" means any shaft or pit dug or bored into the earth, generally of a

cylindrical form, and often walled with bricks or tubing to prevent the earth from

caving in.

"Well injection" (See "underground injection").

"Zone of engineering control" means an area under the control of the owner or

operator that, upon detection of a hazardous waste release, can be readily cleaned

up prior to the release of hazardous waste or hazardous constituents to

groundwater or surface water.

(Source: Amended at _____ Ill. Reg. _________, effective ____________________)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 721

IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART A: GENERAL PROVISIONS

Section

721.101

Purpose and Scope

721.102

Definition of Solid Waste

721.103

Definition of Hazardous Waste

721.104

Exclusions

721.105

Special Requirements for Hazardous Waste Generated by Small Quantity

Generators

721.106

Requirements for Recyclable Materials

721.107

Residues of Hazardous Waste in Empty Containers

721.108

PCB Wastes Regulated under TSCA

SUBPART B: CRITERIA FOR IDENTIFYING THE CHARACTERISTICS

OF HAZARDOUS WASTE AND FOR LISTING HAZARDOUS WASTES

Section

721.110

Criteria for Identifying the Characteristics of Hazardous Waste

721.111

Criteria for Listing Hazardous Waste

52

SUBPART C: CHARACTERISTICS OF HAZARDOUS WASTE

Section

721.120

General

721.121

Characteristic of Ignitability

721.122

Characteristic of Corrosivity

721.123

Characteristic of Reactivity

721.124

Toxicity Characteristic

SUBPART D: LISTS OF HAZARDOUS WASTE

Section

721.130

General

721.131

Hazardous Wastes From Nonspecific Sources

721.132

Hazardous Waste from Specific Sources

721.133

Discarded Commercial Chemical Products, Off-Specification Species, Container

Residues and Spill Residues Thereof

721.135

Wood Preserving Wastes

721.Appendix A

Representative Sampling Methods

721.Appendix B

Method 1311 Toxicity Characteristic Leaching Procedure (TCLP)

721.Appendix C

Chemical Analysis Test Methods

Table A

Analytical Characteristics of Organic Chemicals (Repealed)

Table B

Analytical Characteristics of Inorganic Species (Repealed)

Table C

Sample Preparation/Sample Introduction Techniques (Repealed)

721.Appendix G

Basis for Listing Hazardous Wastes

721.Appendix H

Hazardous Constituents

721.Appendix I

Wastes Excluded under Section 720.120 and 720.122

Table A

Wastes Excluded from Non-Specific Sources

Table B

Wastes Excluded from Specific Sources

Table C

Wastes Excluded From Commercial Chemical Products, Off-Specification

Species, Container Residues, and Soil Residues Thereof

Table D

Wastes Excluded by Adjusted Standard

721.Appendix J

Method of Analysis for Chlorinated Dibenzo-p-Dioxins and

Dibenzofurans

721.Appendix Z

Table to Section 721.102

AUTHORITY: Implementing Section 22.4 and authorized by Section 27 of the Environmental

Protection Act (Ill. Rev. Stat. 1991, ch. 1112, pars. 1022.4 and 1027 [415 ILCS 5/22.4 and 27]).

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 R82-19, 53 PCB 131, at 7 Ill. Reg. 13999, effective

October 12, 1983; amended in R84-34, 61 PCB 247, at 8 Ill. Reg. 24562, effective December 11,

53

1984; amended in R84-9, at 9 Ill. Reg. 11834, effective July 24, 1985; amended in R85-22 at 10

Ill. Reg. 998, effective January 2, 1986; amended in R85-2 at 10 Ill. Reg. 8112, effective May 2,

1986; amended in R86-1 at 10 Ill. Reg. 14002, effective August 12, 1986; amended in R86-19 at

10 Ill. Reg. 20647, effective December 2, 1986; amended in R86-28 at 11 Ill. Reg. 6035,

effective March 24, 1987; amended in R86-46 at 11 Ill. Reg. 13466, effective August 4, 1987;

amended in R87-32 at 11 Ill. Reg. 16698, effective September 30, 1987; amended in R87-5 at 11

Ill. Reg. 19303, effective November 12, 1987; amended in R87-26 at 12 Ill. Reg. 2456, effective

January 15, 1988; amended in R87-30 at 12 Ill. Reg. 12070, effective July 12, 1988; amended in

R87-39 at 12 Ill. Reg. 13006, effective July 29, 1988; amended in R88-16 at 13 Ill. Reg. 382,

effective December 27, 1988; amended in R89-1 at 13 Ill. Reg. 18300, effective November 13,

1989; amended in R90-2 at 14 Ill. Reg. 14401, effective August 22, 1990; amended in R90-10 at

14 Ill. Reg. 16472, effective September 25, 1990; amended in R90-17 at 15 Ill. Reg. 7950,

effective May 9, 1991; amended in R90-11 at 15 Ill. Reg. 9332, effective June 17, 1991;

amended in R91-1 at 15 Ill. Reg. 14473, effective September 30, 1991; amended in R91-12 at 16

Ill. Reg. 2155, effective January 27, 1992; amended in R91-26 at 16 Ill. Reg. 2600, effective

February 3, 1992; amended in R91-13 at 16 Ill. Reg. 9519, effective June 9, 1992; amended in

R92-1 at 16 Ill. Reg. 17666, effective November 6, 1992; amended in R92-10 at 17 Ill. Reg.

5650, effective March 26, 1993; amended in R93-4 at 17 Ill. Reg. 20568, effective November 22,

1993; amended in R93-16 at _____ Ill. Reg. _________, effective ____________________.

SUBPART A: GENERAL PROVISIONS

Section 721.103

Definition of Hazardous Waste

A solid waste, as defined in Section 721.102, is a hazardous waste if:

It is not excluded from regulation as a hazardous waste under Section

721.104(b); and

It meets any of the following criteria:

It exhibits any of the characteristics of hazardous waste identified

in 721.Subpart

C of this Part. Except that any mixture of a waste

from the extraction, beneficiation or processing of ores or minerals

excluded under Section 721.104(b)(7) and any other solid waste

exhibiting a characteristic of hazardous waste under 721.Subpart

of this Part

is a hazardous waste only: if it exhibits a characteristic

that would not have been exhibited by the excluded waste alone if

such mixture had not occurred; or, if it continues to exhibit any of

the characteristics exhibited by the non-excluded wastes prior to

mixture.

Further, for the purposes of applying the toxicity

characteristic to such mixtures, the mixture is also a hazardous

waste: if it exceeds the maximum concentration for any

54

contaminant listed in Section 721.124 that would not have been

exceeded by the excluded waste alone if the mixture had not

occurred; or, if it continues to exceed the maximum concentration

for any contaminant exceeded by the nonexempt waste prior to

mixture.

It is listed in 721.Subpart D of this Part and has not been excluded

from the lists in 721.Subpart D of this Part under 35 Ill. Adm.

Code 720.120 and 720.122.

It is a mixture of a solid waste and a hazardous waste that is listed

in 721.Subpart

D of this Part solely because it exhibits one or more

of the characteristics of hazardous waste identified in 721.Subpart

C of this Part, unless the resultant mixture no longer exhibits any

characteristic of hazardous waste identified in 721.Subpart C of

this Part, or unless the solid waste: is excluded from regulation

under Section 721.104(b)(7); and, the resultant mixture no longer

exhibits any characteristic of hazardous waste identified in

721.Subpart C of this Part for which the hazardous waste listed in

721.Subpart D of this Part was listed. (However, nonwastewater

mixtures are still subject to the requirements of 35 Ill. Adm. Code

728, even if they no longer exhibit a characteristic at the point of

land disposal).

It is a mixture of solid waste and one or more hazardous wastes

listed in 721.Subpart D of this Part and has not been excluded from

this subsection (a)(2) under 35 Ill. Adm. Code 720.120 and

720.122; however, the following mixtures of solid wastes and

hazardous wastes listed in 721.Subpart

D of this Part are not

hazardous wastes (except by application of subsection (a)(2)(A) or

(B) above) if the generator demonstrates that the mixture consists

of wastewater the discharge of which is subject to regulation under

either 35 Ill. Adm. Code 309 or 310 (including wastewater at

facilities which have eliminated the discharge of wastewater) and:

One or more of the following solvents listed in Section

721.131 - carbon tetrachloride, tetrachloroethylene,

trichloroethylene - provided that the maximum total weekly

usage of these solvents (other than the amounts that can be

demonstrated not to be discharged to wastewater) divided

by the average weekly flow of wastewater into the

headworks of the facility's wastewater treatment or

pretreatment system does not exceed 1 part per million; or

55

ii)

One or more of the following spent solvents listed in

Section 721.131 - methylene chloride, 1,1,1 -

trichloroethane, chlorobenzene, o-dichlorobenzene, cresols,

cresylic acid, nitrobenzene, toluene, methyl ethyl ketone,

carbon disulfide, isobutanol, pyridine, spent

chlorofluorocarbon solvents - provided that the maximum

total weekly usage of these solvents (other than the

amounts that can be demonstrated not to be discharged to

wastewater) divided by the average weekly flow of

wastewater into the headworks of the facility's wastewater

treatment or pretreatment system does not exceed 25 parts

per million; or

iii)

One of the following wastes listed in Section 721.132 - heat

exchanger bundle cleaning sludge from the petroleum

refining industry (EPA Hazardous Waste No. K050); or

iv)

A discarded commercial chemical product, or chemical

intermediate listed in Section 721.133, arising from de

minimis losses of these materials from manufacturing

operations in which these materials are used as raw

materials or are produced in the manufacturing process.

For purposes of this subsection, "de minimis" losses

include those from normal material handling operations

(e.g., spills from the unloading or transfer of materials from

bins or other containers, leaks from pipes, valves or other

devices used to transfer materials); minor leaks of process

equipment, storage tanks or containers; leaks from

well-maintained pump packings and seals; sample

purgings; relief device discharges; discharges from safety

showers and rinsing and cleaning of personal safety

equipment; and rinsate from empty containers or from

containers that are rendered empty by that rinsing; or

Wastewater resulting from laboratory operations containing

toxic (T) wastes listed in Subpart D of this Part, provided

that the annualized average flow of laboratory wastewater

does not exceed one percent of total wastewater flow into

the headworks of the facility's wastewater treatment or

pretreatment system, or provided that the wastes combined

annualized average concentration does not exceed one part

per million in the headworks of the facility's wastewater

treatment or pretreatment facility.

Toxic (T) wastes used in

laboratories that are demonstrated not to be discharged to

56

wastewater are not to be included in this calculation.

Rebuttable presumption for used oil. Used oil containing more

than 1,000 ppm total halogens is presumed to be a hazardous waste

because it has been mixed with halogenated hazardous waste listed

in 721.Subpart D of this Part. Persons may rebut this presumption

by demonstrating that the used oil does not contain hazardous

waste (for example, by using an analytical method from SW-846,

Edition III, to show that the used oil does not contain significant

concentrations of halogenated hazardous constituents listed in

721.Appendix H). USEPA Publication SW-846, Third Edition, is

available for the cost of $110.00 from the Government Printing

Office, Superintendent of Documents, P.O. Box 371954,

Pittsburgh, PA 15250-7954, (202) 783-3238 (document number

955-001-00000-1).

The rebuttable presumption does not apply to metalworking

oils or fluids containing chlorinated paraffins, if they are

processed, through a tolling arrangement as described in 35

Ill. Adm. Code 739.124(c), to reclaim metalworking oils or

fluids. The presumption does apply to metalworking oils

or fluids if such oils or fluids are recycled in any other

manner, or disposed.

ii)

The rebuttable presumption does not apply to used oils

contaminated with chlorofluorocarbons (CFCs) removed

from refrigeration units where the CFCs are destined for

reclamation. The rebuttable presumption does apply to

used oils contaminated with CFCs that have been mixed

with used oil from sources other than refrigeration units.

A solid waste which is not excluded from regulation under subsection (a)(1)

above becomes a hazardous waste when any of the following events occur:

In the case of a waste listed in Subpart D of this Part, when the waste first

meets the listing description set forth in Subpart D of this Part.

In the case of a mixture of solid waste and one or more listed hazardous

wastes, when a hazardous waste listed in Subpart D of this Part is first

added to the solid waste.

In the case of any other waste (including a waste mixture), when the waste

exhibits any of the characteristics identified in Subpart C of this Part.

57

Unless and until it meets the criteria of subsection (d) below:

A hazardous waste will remain a hazardous waste.

Specific inclusions and exclusions.

Except as otherwise provided in subsection (c)(2)(B) below, any

solid waste generated from the treatment, storage or disposal of a

hazardous waste, including any sludge, spill residue, ash, emission

control dust or leachate (but not including precipitation run-off), is

a hazardous waste. (However, materials that are reclaimed from

solid wastes and that are used beneficially are not solid wastes and

hence are not hazardous wastes under this provision unless the

reclaimed material is burned for energy recovery or used in a

manner constituting disposal.)

The following solid wastes are not hazardous even though they are

generated from the treatment, storage or disposal of a hazardous

waste, unless they exhibit one or more of the characteristics of

hazardous waste:

Waste pickle liquor sludge generated by lime stabilization

of spent pickle liquor from the iron and steel industry (SIC

Codes 331 and 332) (Standard Industrial Codes, as defined

and incorporated by reference in 35 Ill. Adm. Code

720.110 and 720.111).

ii)

Wastes from burning any of the materials exempted from

regulation by Section 721.106(a)(3)(E), (F), (G) or (H).

iii)

Nonwastewater residues, such as slag, resulting from high

temperature metal recovery (HTMR) processing of K061,

K062 or F006 waste, in units identified, that are disposed

of in non-hazardous waste units, provided that these

residues meet the generic exclusion levels identified in the

tables in this subsection for all constituents, and exhibit no

characteristics of hazardous waste. The types of units are:

rotary kilns, flame reactors, electric furnaces, plasma arc

furnaces, slag reactors, rotary hearth furnace/electric

furnace combinations or the following types of industrial

furnaces (as defined in 35 Ill. Adm. Code 720.110): blast

furnaces, smelting, melting and refining furnaces

(including pyrometallurgical devices such as cupolas,

reverberator furnaces, sintering machines, roasters and

58

foundry furnaces), and other furnaces designated by the

Agency pursuant to that definition. Testing requirements

must be incorporated in a facility's waste analysis plan or a

generator's self-implementing waste analysis plan; at a

minimum, composite samples of residues must be collected

and analyzed quarterly and when the process or operation

generating the waste changes. Persons claiming this

exclusion in an enforcement action will have the burden of

proving by clear and convincing evidence that the material

meets all of the exclusion requirements. The generic

exclusion levels are:

Constituent

Maximum for any single composite

sample (mg/L)

Generic exclusion levels for K061 and K062

nonwastewater HTMR residues.

Antimony .......................................................

0.10

Arsenic ...........................................................

0.50

Barium............................................................

7.6

Beryllium .......................................................

0.010

Cadmium........................................................

0.050

Chromium (total) ...........................................

0.33

Lead................................................................

0.15

Mercury..........................................................

0.009

Nickel.............................................................

1.0

Selenium ........................................................

0.16

Silver..............................................................

0.30

Thallium.........................................................

0.020

Vanadium.......................................................

1.26

Zinc ................................................................

70.

Generic exclusion levels for F006 nonwastewater HTMR

residues

Antimony .......................................................

0.10

Arsenic ...........................................................

0.50

Barium............................................................

7.6

Beryllium .......................................................

0.010

Cadmium........................................................

0.050

Chromium (total) ...........................................

0.33

Cyanide (total) (mg/kg) .................................

1.8

Lead................................................................

0.15

59

Mercury..........................................................

0.009

Nickel.............................................................

1.0

Selenium ........................................................

0.16

Silver..............................................................

0.30

Thallium.........................................................

0.020

Zinc ................................................................

A one-time notification and certification must be placed in

the facility's files and sent to the Agency (or, for out-of-

State shipments, to the appropriate Regional Administrator

of USEPA or state agency authorized to implement 40 CFR

268 requirements) for K061, K062 or F006 HTMR residues

that meet the generic exclusion levels for all constituents

and do not exhibit any characteristics that are sent to

RCRA Subtitle D units. The notification and certification

that is placed in the generators or treaters files must be

updated if the process or operation generating the waste

changes or if the RCRA Subtitle D unit receiving the waste

changes. However, the generator or treater need only

notify the Agency on an annual basis if such changes occur.

Such notification and certification should be sent to the

Agency by the end of the calendar year, but no later than

December 31. The notification must include the following

information: The name and address of the nonhazardous

waste management unit receiving the waste shipment; The

USEPA hazardous waste number and treatability group at

the initial point of generation; The treatment standards

applicable to the waste at the initial point of generation.

The certification must be signed by an authorized

representative and must state as follows:

"I certify under penalty of law that the generic exclusion

levels for all constituents have been met without

impermissible dilution and that no characteristic of

hazardous waste is exhibited.

I am aware that there are

significant penalties for submitting a false certification,

including the possibility of fine and imprisonment."

BOARD NOTE. The generic exclusion levels for arsenic

and zinc are higher than the HTMR based alternative

treatment standards for KO62 and FOO6, and HTMR based

treatment standards for KO61, specified in 35 Ill. Adm.

Code 728.141. However, the HTMR residues must meet

the applicable treatment standards prior to generic

60

exclusion. Therefore, to be eligible for a generic exclusion,

the treated residues must meet the lower of either the

treatment standards or the generic exclusion levels for each

constituent.

Any solid waste described in subsection (c) above is not a hazardous waste if it

meets the following criteria:

In the case of any solid waste, it does not exhibit any of the characteristics

of hazardous waste identified in Subpart C of this Part. (However, wastes

which exhibit a characteristic at the point of generation may still be

subject to the requirements of 35 Ill. Adm. Code 728, even if they no

longer exhibit a characteristic at the point of land disposal.)

In the case of a waste which is a listed waste under Subpart D of this Part,

contains a waste listed under Subpart D of this Part or is derived from a

waste listed in Subpart D of this Part, it also has been excluded from

subsection (c) above under 35 Ill. Adm. Code 720.120 and 720.122.

This subsection corresponds with 40 CFR 261.3(e), a subsection which has been

deleted from the federal regulations. This statement maintains structural

consistency with USEPA rules.

Notwithstanding subsections (a) through (d) above and provided the debris as

defined in 35 Ill. Adm. Code 728 does not exhibit a characteristic identified at

721.Subpart D of this Part, the following materials are not subject to regulation

under 35 Ill. Adm. Code 720, 721 to 726, 728, or 730:

Hazardous debris as defined in 35 Ill. Adm. Code 728 that has been

treated using one of the required extraction or destruction technologies

specified in Table A of 35 Ill. Adm. Code 728.145; persons claiming this

exclusion in an enforcement action will have the burden of proving by

clear and convincing evidence that the material meets all of the exclusion

requirements; or

Debris as defined in 35 Ill. Adm. Code 728 that the Agency, considering

the extent of contamination, has determined is no longer contaminated

with hazardous waste.

(Source: Amended at 18 Ill. Reg. _________, effective ______________________)

Section 721.104

Exclusions

Materials which are not solid wastes. The following materials are not solid

61

wastes for the purpose of this Part:

Sewage:

Domestic sewage; and

Any mixture of domestic sewage and other waste that passes

through a sewer system to publicly-owned treatment works for

treatment. "Domestic sewage" means untreated sanitary wastes

that pass through a sewer system.

Industrial wastewater discharges that are point source discharges with

NPDES permits issued by the Agency pursuant to Section 12(f) of the

Environmental Protection Act and 35 Ill. Adm. Code 309.

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.

Irrigation return flows.

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.)

Materials subjected to in-situ mining techniques which are not removed

from the ground as part of the extraction process.

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);

Spent sulfuric acid used to produce virgin sulfuric acid, unless it is

accumulated speculatively as defined in Section 721.101(c).

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:

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;

Reclamation does not involve controlled flame combustion (such

62

as occurs in boilers, industrial furnaces or incinerators);

The secondary materials are never accumulated in such tanks for

over twelve months without being reclaimed; and

The reclaimed material is not used to produce a fuel, or used to

produce products that are used in a manner constituting disposal.

Wood preserving wastes.

Spent wood preserving solutions that have been used and are

reclaimed and reused for their original intended purpose; and

Wastewaters from the wood preserving process that have been

reclaimed and are reused to treat wood.

10)

Hazardous waste number K060, K087, K141, K142, K143, K144, K145,

K147, and K148, and any wastes from the coke by-products processes

which are hazardous only because they exhibit the toxicity characteristic

specified in Section 721.124, when, subsequent to generation, these

materials are recycled to coke ovens, to the tar recovery process as a

feedstock to produce coal tar or are mixed with coal tar prior to the tar's

sale or refining. This exclusion is conditioned on there being no land

disposal of the wastes from the point they are generated to the point they

are recycled to coke ovens or tar recovery or the tar refining processes, or

mixed with coal.

11)

Nonwastewater splash condenser dross residue from the treatment of

K061 in high temperature metals recovery units, provided it is shipped in

drums (if shipped) and not land disposed before recovery.

Solid wastes which are not hazardous wastes.

The following solid wastes are not

hazardous wastes:

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:

63

Receives and burns only:

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

Such facility does not accept hazardous waste and the owner or

operator of such facility has established contractual requirements

or other appropriate notification or inspection procedures to assure

that hazardous wastes are not received at or burned in such facility.

Solid wastes generated by any of the following and which are returned to

the soil as fertilizers:

The growing and harvesting of agricultural crops.

The raising of animals, including animal manures.

Mining overburden returned to the mine site.

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, except as provided in 35 Ill. Adm. Code 726.212 for facilities that

burn or process hazardous waste.

Drilling fluids, produced waters, and other wastes associated with the

exploration, development, or production of crude oil, natural gas or

geothermal energy.

Chromium wastes:

Wastes which fail the test for the toxicity characteristic (Sections

721.124 and 721.Appendix B) because chromium is present or are

listed in Subpart D of this Part due to the presence of chromium,

which do not fail the test for the toxicity characteristic 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:

The chromium in the waste is exclusively (or nearly

64

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.

Specific wastes which meet the standard in subsections

(b)(6)(A)(i), (ii) and (iii), above, (so long as they do not fail the

test for the toxicity characteristic for any other constituent and do

not exhibit any other characteristic) are:

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 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.

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.

65

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.

Solid waste from the extraction, beneficiation and processing of ores and

minerals (including coal, phosphate rock and overburden from the mining

of uranium ore), except as provided by 35 Ill. Adm. Code 726.212 for

facilities that burn or process hazardous waste. For purposes of this

subsection, beneficiation of ores and minerals is restricted to the following

activities: crushing, grinding, washing, dissolution, crystallization,

filtration, sorting, sizing, drying, sintering, pelletizing, briquetting,

calcining to remove water or carbon dioxide, roasting, autoclaving or

chlorination in preparation for leaching (except where the roasting or

autoclaving or chlorination)/leaching sequence produces a final or

intermediate product that does not undergo further beneficiation or

processing), gravity concentration, magnetic separation, electrostatic

separation, floatation, ion exchange, solvent extraction, electrowinning,

precipitation, amalgamation, and heap, dump, vat tank and in situ

leaching. For the purposes of this subsection, solid waste from the

processing of ores and minerals includes only the following wastes:

Slag from primary copper processing;

Slag from primary lead processing;

Red and brown muds from bauxite refining;

Phosphogypsum from phosphoric acid production;

Slag from elemental phosphorus production;

Gasifier ash from coal gasification;

Process wastewater from coal gasification;

66

Calcium sulfate wastewater treatment plant sludge from primary

copper processing;

Slag tailings from primary copper processing;

Fluorogypsum from hydrofluoric acid production;

Process wastewater from hydrofluoric acid production;

Air pollution control dust/sludge from iron blast furnaces;

Iron blast furnace slag;

Treated residue from roasting/leaching of chrome ore;

Process wastewater from primary magnesium processing by the

anhydrous process;

Process wastewater from phosphoric acid production;

Basic oxygen furnace and open hearth furnace air pollution control

dust/sludge from carbon steel production;

Basic oxygen furnace and open hearth furnace slag from carbon

steel production;

Chloride processing waste solids from titanium tetrachloride

production; and,

Slag from primary zinc smelting.

Cement kiln dust waste, except as provided by 35 Ill. Adm. Code 726.212

for facilities that burn or process hazardous waste.

Solid waste which consists of discarded arsenical-treated wood or wood

products which fails the test for the toxicity characteristic for hazardous

waste codes D004 through D017 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.

10)

Petroleum-contaminated media and debris that fail the test for the toxicity

characteristic of Section 721.124 (hazardous waste codes D018 through

D043 only) and are subject to corrective action regulations under 35 Ill.

67

Adm. Code 731.

11)

Injected groundwater that is hazardous only because it exhibits the toxicity

characteristic (U.S. EPA hazardous waste codes D018 through D024 only)

in Section 721.124 that is reinjected through an underground injection

well pursuant to free phase hydrocarbon recovery operations undertaken at

petroleum refineries, petroleum marketing terminals petroleum bulk

plants, petroleum pipelines and petroleum spill sites until January 25,

1993. This extension applies to recovery operations in existence, or for

which contracts have been issued, on or before March 25, 1991. For

groundwater returned through infiltration galleries from such at petroleum

refineries, marketing terminals and bulk plants, until October 2, 1991.

New operations involving injection wells (beginning after March 25,

1991) will qualify for this compliance date extension (until January 25,

1993) only if:

Operations are performed pursuant to a "free product removal

report" pursuant to 35 Ill. Adm. Code 731.164; and

A copy of the "free product removal report" has been submitted to:

Characteristics Section (OS-333)

U.S. EPA

401 M Street, SW

Washington, D.C. 20460

12)

Used chlorofluorocarbon refrigerants from totally enclosed heat transfer

equipment, including mobile air conditioning systems, mobile

refrigeration, and commercial and industrial air conditioning and

refrigeration systems, which use chlorofluorocarbons as the heat transfer

fluid in a refrigeration cycle, provided the refrigerant is reclaimed for

further use.

13)

This subsection should contain the equivalent of 40 CFR 261.4(b)(13),

which USEPA has not yet adopted.

14)

This subsection should contain the equivalent of 40 CFR 261.4(b)(14),

which USEPA has not yet adopted.

153) Non-terne plated used oil filters which are not mixed with wastes listed in

Subpart D of this Part, if these oil filters have been gravity hot-drained

using one of the following methods:

Puncturing the filter anti-drain back valve or the filter dome end

68

and hot-draining;

Hot-draining and crushing;

Dismantling and hot-draining; or,

Any other equivalent hot-draining method which will remove used

oil.

14)

Used oil re-refining distillation bottoms that are used as feedstock to

manufacture asphalt products.

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 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 and 728 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.

Samples

Except as provided in subsection (d)(2) below, 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 728. The sample qualifies when:

The sample is being transported to a laboratory for the purpose of

testing; or

The sample is being transported back to the sample collector after

testing; or

The sample is being stored by the sample collector before transport

to a laboratory for testing; or

The sample is being stored in a laboratory before testing; or

The sample is being stored in a laboratory for testing but before it

is returned to the sample collector; or

69

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).

In order to qualify for the exemption in subsection (d)(1)(A) and (B)

above, a sample collector shipping samples to a laboratory and a

laboratory returning samples to a sample collector must:

Comply with U.S. Department of Transportation (DOT), U.S.

Postal Service (USPS) or any other applicable shipping

requirements; or

Comply with the following requirements if the sample collector

determines that DOT, USPS or other shipping requirements do not

apply to the shipment of the sample:

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.

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) above.

Treatability study samples.

Except as is provided in subsection (e)(2) below, persons who generate or

collect samples for the purpose of conducting treatability studies, as

defined in 35 Ill. Adm. Code 720.110, are not subject to any requirement

of 35 Ill. Adm. Code 721 through 723 or to the notification requirements

of Section 3010 of the Resource Conservation and Recovery Act.

Nor are

such samples included in the quantity determinations of Section 721.105

and 35 Ill. Adm. Code 722.134(d) when:

The sample is being collected and prepared for transportation by

the generator or sample collector; or,

70

The sample is being accumulated or stored by the generator or

sample collector prior to transportation to a laboratory or testing

facility; or

The sample is being transported to the laboratory or testing facility

for the purpose of conducting a treatability study.

The exemption in subsection (e)(1) above is applicable to samples of

hazardous waste being collected and shipped for the purpose of

conducting treatability studies provided that:

The generator or sample collector uses (in "treatability studies") no

more than 1000 kg of any non-acute hazardous waste, 1 kg of

acute hazardous waste or 250 kg of soils, water or debris

contaminated with acute hazardous waste for each process being

evaluated for each generated wastestream; and

The mass of each shipment does not exceed 1000 kg of non-acute

hazardous waste, 1 kg of acute hazardous waste or 250 kg of soils,

water or debris contaminated with acute hazardous waste; and

The sample must be packaged so that it does not leak, spill or

vaporize from its packaging during shipment and the requirements

of subsections (e)(2)(C)(i) or (ii), below, are met.

The transportation of each sample shipment complies with

U.S. Department of Transportation (DOT), U.S. Postal

Service (USPS) or any other applicable shipping

requirements; or

ii)

If the DOT, USPS or other shipping requirements do not

apply to the shipment of the sample, the following

information must accompany the sample: The name,

mailing address and telephone number of the originator of

the sample; the name, address and telephone number of the

facility that will perform the treatability study; the quantity

of the sample; the date of the shipment; and, a description

of the sample, including its U.S.

EPA hazardous waste

number.

The sample is shipped to a laboratory or testing facility which is

exempt under subsection (f) below, or has an appropriate RCRA

permit or interim status.

71

The generator or sample collector maintains the following records

for a period ending 3 years after completion of the treatability

study:

Copies of the shipping documents;

ii)

A copy of the contract with the facility conducting the

treatability study;

iii)

Documentation showing: The amount of waste shipped

under this exemption; the name, address and U.S. EPA

identification number of the laboratory or testing facility

that received the waste; the date the shipment was made;

and, whether or not unused samples and residues were

returned to the generator.

The generator reports the information required in subsection

(e)(2)(E)(iii) above in its report under 35 Ill. Adm. Code 722.141.

The Agency may grant requests, on a case-by-case basis, for quantity

limits in excess of those specified in subsection (e)(2)(A) above, for up to

an additional 500 kg of any non-acute hazardous waste, 1 kg of acute

hazardous waste and 250 kg of soils, water or debris contaminated with

acute hazardous waste, to conduct further treatability study evaluation

when: There has been an equipment or mechanical failure during the

conduct of the treatability study; there is need to verify the results of a

previously conducted treatability study; there is a need to study and

analyze alternative techniques within a previously evaluated treatment

process; or, there is a need to do further evaluation of an ongoing

treatability study to determine final specifications for treatment. The

additional quantities allowed are subject to all the provisions in

subsections (e)(1) and (e)(2)(B) through (F), above.

The generator or

sample collector must apply to the Agency and provide in writing the

following information:

The reason why the generator or sample collector requires

additional quantity of sample for the treatability study evaluation

and the additional quantity needed;

Documentation accounting for all samples of hazardous waste

from the wastestream which have been sent for or undergone

treatability studies, including the date each previous sample was

shipped, the quantity of each previous shipment, the laboratory or

testing facility to which it was shipped, what treatability study

72

processes were conducted on each sample shipped, and the

available results of each treatability study;

A description of the technical modifications or change in

specifications which will be evaluated and the expected results;

If such further study is being required due to equipment or

mechanical failure, the applicant must include information

regarding the reason for the failure or breakdown and also include

what procedures or equipment have been made to protect against

further breakdowns; and,

Such other information as the Agency determines is necessary.

Final Agency determinations pursuant to this subsection may be appealed

to the Board.

Samples undergoing treatability studies at laboratories or testing facilities.

Samples undergoing treatability studies and the laboratory or testing facility

conducting such treatability studies (to the extent such facilities are not otherwise

subject to RCRA requirements) are not subject to any requirement of this Part, or

of 35 Ill. Adm. Code 702, 703, 705, 722 through 726, and 728, or to the

notification requirements of Section 3010 of the Resource Conservation and

Recovery Act, provided that the requirements of subsections (f)(1) through

(f)(11), below, are met. A mobile treatment unit may qualify as a testing facility

subject to subsections (f)(1) through (f)(11), below. Where a group of mobile

treatment units are located at the same site, the limitations specified in

subsections (f)(1) through (f)(11), below, apply to the entire group of mobile

treatment units collectively as if the group were one mobile treatment unit.

No less than 45 days before conducting treatability studies, the facility

notifies the Agency in writing that it intends to conduct treatability studies

under this subsection.

The laboratory or testing facility conducting the treatability study has a

U.S. EPA identification number.

No more than a total of 250 kg of "as received" hazardous waste is

subjected to initiation of treatability studies in any single day. "As

received" waste refers to the waste as received in the shipment from the

generator or sample collector.

The quantity of "as received" hazardous waste stored at the facility for the

purpose of evaluation in treatability studies does not exceed 1000 kg, the

73

total of which can include 500 kg of soils, water or debris contaminated

with acute hazardous waste or 1 kg of acute hazardous waste. This

quantity limitation does not include:

Treatability study residues; and,

Treatment materials (including nonhazardous solid waste) added to

"as received" hazardous waste.

No more than 90 days have elapsed since the treatability study for the

sample was completed, or no more than one year has elapsed since the

generator or sample collector shipped the sample to the laboratory or

testing facility, whichever date first occurs.

The treatability study does not involve the placement of hazardous waste

on the land or open burning of hazardous waste.

The facility maintains records for 3 years following completion of each

study that show compliance with the treatment rate limits and the storage

time and quantity limits. The following specific information must be

included for each treatability study conducted:

The name, address and U.S. EPA identification number of the

generator or sample collector of each waste sample;

The date the shipment was received;

The quantity of waste accepted;

The quantity of "as received" waste in storage each day;

The date the treatment study was initiated and the amount of "as

received" waste introduced to treatment each day;

The date the treatability study was concluded;

The date any unused sample or residues generated from the

treatability study were returned to the generator or sample

collector or, if sent to a designated facility, the name of the facility

and the U.S.

EPA identification number.

The facility keeps, on-site, a copy of the treatability study contract and all

shipping papers associated with the transport of treatability study samples

to and from the facility for a period ending 3 years from the completion

74

date of each treatability study.

The facility prepares and submits a report to the Agency by March 15 of

each year that estimates the number of studies and the amount of waste

expected to be used in treatability studies during the current year, and

includes the following information for the previous calendar year:

The name, address and U.S. EPA identification number of the

facility conducting the treatability studies;

The types (by process) of treatability studies conducted;

The names and addresses of persons for whom studies have been

conducted (including their U.S. EPA identification numbers);

The total quantity of waste in storage each day;

The quantity and types of waste subjected to treatability studies;

When each treatability study was conducted;

The final disposition of residues and unused sample from each

treatability study;

10)

The facility determines whether any unused sample or residues generated

by the treatability study are hazardous waste under Section 721.103 and, if

so, are subject to 35 Ill. Adm. Code 702, 703 and 721 through 728, unless

the residues and unused samples are returned to the sample originator

under the subsection (e) exemption above.

11)

The facility notifies the Agency by letter when the facility is no longer

planning to conduct any treatability studies at the site.

(Source: Amended at _____ Ill. Reg. _________, effective ____________________)

Section 721.105

Special Requirements for Hazardous Waste Generated by Small Quantity

Generators

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.

Except for those wastes identified in subsections (e), (f), (g) and (j) below, a

75

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

728, and the notification requirements of Section 3010 of Resource Conservation

and Recovery Act, provided the generator complies with the requirements of

subsections (f), (g) and (j) below.

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

728, 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. Adm. Code 722 through

726 and 728.

In determining the quantity of hazardous waste it generates, a generator need not

include:

Hazardous waste when it is removed from on-site storage; or

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,

Spent materials that are generated, reclaimed and subsequently reused

on-site, so long as such spent materials have been counted once.

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 728, and the notification requirements of Section 3010 of the Resource

Conservation and Recovery Act:

A total of one kilogram of acute hazardous wastes listed in Sections

721.131, 721.132, or 721.133(e); or

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).

BOARD NOTE: "Full regulation" means those regulations applicable to

generators of greater than 1000 kg of non-acute hazardous waste in a

calendar month.

76

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) above to be excluded from full regulation under this Section, the generator

must comply with the following requirements:

35 Ill. Adm. Code 722.111.

The generator may accumulate acute hazardous waste on-site. If the

generator accumulates at any time acute hazardous wastes in quantities

greater than set forth in subsections (e)(1) or (e)(2) above, all of those

accumulated wastes are subject to regulation under 35 Ill. Adm. Code 702,

703, 705 and 722 through 726 and 728, 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(a), for accumulation

of wastes on-site, begins when the accumulated wastes exceed the

applicable exclusion limit.

A conditionally exempt shall 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:

Permitted under 35 Ill. Adm. Code 703;

In interim status under 35 Ill. Adm. Code 703 and 725;

Authorized to manage hazardous waste by a State with a hazardous

waste management program approved by U.S.

EPA;

Permitted, licensed or registered by a State to manage municipal or

industrial solid waste; or

A facility which:

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

77

generator must comply with the following requirements:

35 Ill. Adm. Code 722.111;

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

728, 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 begins for a

small quantity generator when the accumulated wastes exceed 1000

kilograms;

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:

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

In interim status under 35 Ill. Adm. Code 703 and 725;

Authorized to manage hazardous waste by a State with a hazardous

waste management program approved by U.S. EPA under 40 CFR

271 (1986);

Permitted, licensed or registered by a State to manage municipal or

industrial solid waste; or

A facility which:

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.

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

78

identified in this Section, unless the mixture meets any of the characteristics of

hazardous wastes identified in Subpart C.

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.

If a conditionally exempt small quantity generator's hazardous wastes are mixed

with used oil, the mixture is subject to 35 Ill. Adm. Code 739.Subpart G, 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 to be burned for energy recovery.

(Source: Amended at _____ Ill. Reg. _________, effective ____________________)

Section 721.106

Requirements for Recyclable Materials

Recyclable materials:

Hazardous wastes that are recycled are subject to the requirements for

generators, transporters and storage facilities of subsections (b) and (c),

below, except for the materials listed in subsections (a)(2) and (3), below.

Hazardous wastes that are recycled will be known as "recyclable

materials".

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 H and all applicable provisions in 35 Ill. Adm. Code 702, 703 and

705.

Recyclable materials used in a manner constituting disposal (35 Ill.

Adm. Code 726.Subpart C);

Hazardous wastes burned for energy recovery in boilers and

industrial furnaces that are not regulated under 35 Ill. Adm. Code

724 or 725.Subpart O (35 Ill. Adm. Code 726.Subpart H.)

Recyclable materials from which precious metals are reclaimed

(35 Ill. Adm. Code 726.Subpart F);

Spent lead-acid batteries that are being reclaimed (35 Ill. Adm.

Code 726.Subpart G).

The following recyclable materials are not subject to regulation under 35

79

Ill. Adm. Code 722 through 726, 728, or 702, 703 or 705 and are not

subject to the notification requirements of Section 3010 of the Resource

Conservation and Recovery Act:

Industrial ethyl alcohol that is reclaimed except that, unless

provided otherwise in an international agreement as specified in 35

Ill. Adm. Code 722.158:

A person initiating a shipment for reclamation in a foreign

country, and any intermediary arranging 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 Acknowledgement

of Consent to the shipment to the transporter transporting

the shipment for export;

ii)

Transporters transporting 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.

Used batteries (or used battery cells) returned to a battery

manufacturer for regeneration;

Scrap metal;

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;

Oil reclaimed from hazardous waste resulting from normal

petroleum refining, production and transportation practices, which

oil is to be refined along with normal process streams at a

petroleum refining facility;

Petroleum refining wastes.

80

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, where 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 are used to produce 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

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 D of this

Part.

Used oil that is recycled and is also a hazardous waste solely because it

exhibits a hazardous characteristic is not subject to the requirements of 35

Ill. Adm. Code 720 through 728, but is regulated under 35 Ill. Adm. Code

739. Used oil that is recycled includes any used oil which is reused,

following its original use, for any purpose (including the purpose for

which the oil was originally used. Such term includes, but is not limited

to, oil which is re-refined, reclaimed, burned for energy recovery, or

reprocessed.

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

81

provided in subsection (a), above.

Storage and recycling:

Owners or operators of facilities that store recyclable materials before they

are recycled are regulated under all applicable provisions of 35 Ill. Adm.

Code 724.Subparts A through L, AA and BB and 725.Subparts A through

L, AA and BB, 726, 728, 702, 703 and 705 and the notification

requirement under Section 3010 of the Resource Conservation and

Recovery Act, except as provided in subsection (a), above. (The recycling

process itself is exempt from regulation, except as provided in subsection

(d), below.)

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), above.

Notification requirements under Section 3010 of the Resource

Conservation and Recovery Act.

35 Ill. Adm. Code 725.171 and 725.172 (dealing with the use of

the manifest and manifest discrepancies)

subsection (d), below.

Owners or operators of facilities required to have a RCRA permit pursuant to 35

Ill. Adm. Code 703 with hazardous waste management units which recycle

hazardous wastes are subject to 35 Ill. Adm. Code 724.Subpart AA and BB and

725.Subpart AA and BB.

(Source: Amended at 18 Ill. Reg. _________, effective ______________________)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 724

STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE

TREATMENT, STORAGE AND DISPOSAL FACILITIES

SUBPART A: GENERAL PROVISIONS

Section

82

724.101

Purpose, Scope and Applicability

724.103

Relationship to Interim Status Standards

SUBPART B: GENERAL FACILITY STANDARDS

Section

724.110

Applicability

724.111

Identification Number

724.112

Required Notices

724.113

General Waste Analysis

724.114

Security

724.115

General Inspection Requirements

724.116

Personnel Training

724.117

General Requirements for Ignitable, Reactive or Incompatible Wastes

724.118

Location Standards

724.119

Construction Quality Assurance Program

SUBPART C: PREPAREDNESS AND PREVENTION

Section

724.130

Applicability

724.131

Design and Operation of Facility

724.132

Required Equipment

724.133

Testing and Maintenance of Equipment

724.134

Access to Communications or Alarm System

724.135

Required Aisle Space

724.137

Arrangements with Local Authorities

SUBPART D: CONTINGENCY PLAN AND EMERGENCY PROCEDURES

Section

724.150

Applicability

724.151

Purpose and Implementation of Contingency Plan

724.152

Content of Contingency Plan

724.153

Copies of Contingency Plan

724.154

Amendment of Contingency Plan

724.155

Emergency Coordinator

724.156

Emergency Procedures

SUBPART E: MANIFEST SYSTEM, RECORDKEEPING AND REPORTING

Section

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

83

724.176

Unmanifested Waste Report

724.177

Additional Reports

SUBPART F: RELEASES FROM SOLID WASTE MANAGEMENT UNITS

Section

724.190

Applicability

724.191

Required Programs

724.192

Groundwater Protection Standard

724.193

Hazardous Constituents

724.194

Concentration Limits

724.195

Point of Compliance

724.196

Compliance Period

724.197

General Groundwater Monitoring Requirements

724.198

Detection Monitoring Program

724.199

Compliance Monitoring Program

724.200

Corrective Action Program

724.201

Corrective Action for Solid Waste Management Units

SUBPART G: CLOSURE AND POST-CLOSURE

Section

724.210

Applicability

724.211

Closure Performance Standard

724.212

Closure Plan; Amendment of Plan

724.213

Closure; Time Allowed For Closure

724.214

Disposal or Decontamination of Equipment, Structures and Soils

724.215

Certification of Closure

724.216

Survey Plat

724.217

Post-closure Care and Use of Property

724.218

Post-closure Plan; Amendment of Plan

724.219

Post-closure Notices

724.220

Certification of Completion of Post-closure Care

SUBPART H: FINANCIAL REQUIREMENTS

Section

724.240

Applicability

724.241

Definitions of Terms As Used In This Subpart

724.242

Cost Estimate for Closure

724.243

Financial Assurance for Closure

724.244

Cost Estimate for Post-closure Care

724.245

Financial Assurance for Post-closure Care

724.246

Use of a Mechanism for Financial Assurance of Both Closure and Post-closure

Care

724.247

Liability Requirements

724.248

Incapacity of Owners or Operators, Guarantors or Financial Institutions

84

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 SYSTEMS

Section

724.290

Applicability

724.291

Assessment of Existing Tank System's Integrity

724.292

Design and Installation of New Tank Systems or Components

724.293

Containment and Detection of Releases

724.294

General Operating Requirements

724.295

Inspections

724.296

Response to Leaks or Spills and Disposition of Leaking or unfit-for-use Tank

Systems

724.297

Closure and Post-Closure Care

724.298

Special Requirements for Ignitable or Reactive Waste

724.299

Special Requirements for Incompatible Wastes

724.300

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: Ground-water

Protection Requirements (Repealed)Action Leakage Rate

724.324

Response Actions

724.326

Monitoring and Inspection

724.327

Emergency Repairs; Contingency Plans

724.328

Closure and Post-closure Care

724.329

Special Requirements for Ignitable or Reactive Waste

724.330

Special Requirements for Incompatible Wastes

724.331

Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026 and

F027

85

SUBPART L: WASTE PILES

Section

724.350

Applicability

724.351

Design and Operating Requirements

724.352

Double-lined Piles: Exemption from Subpart F: Ground-water Protection

Requirements (Repealed)Action Leakage Rate

724.353

Inspection of Liners: Exemption from Subpart F: Ground-water Protection

Requirements (Repealed)Response Action Plan

724.354

Monitoring and Inspection

724.356

Special Requirements for Ignitable or Reactive Waste

724.357

Special Requirements for Incompatible Wastes

724.358

Closure and Post-closure Care

724.359

Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026 and

F027

SUBPART M: LAND TREATMENT

Section

724.370

Applicability

724.371

Treatment Program

724.372

Treatment Demonstration

724.373

Design and Operating Requirements

724.376

Food-chain Crops

724.378

Unsaturated Zone Monitoring

724.379

Recordkeeping

724.380

Closure and Post-closure Care

724.381

Special Requirements for Ignitable or Reactive Waste

724.382

Special Requirements for Incompatible Wastes

724.383

Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026 and

F027

SUBPART N: LANDFILLS

Section

724.400

Applicability

724.401

Design and Operating Requirements

724.402

Double-lined Landfills: Exemption from Subpart F: Ground-water Protection

Requirements (Repealed)Action Leakage Rate

724.403

Monitoring and Inspection

724.404

Response Actions

724.409

Surveying and Recordkeeping

724.410

Closure and Post-closure Care

724.412

Special Requirements for Ignitable or Reactive Waste

724.413

Special Requirements for Incompatible Wastes

724.414

Special Requirements for Bulk and Containerized Liquids

86

724.415

Special Requirements for Containers

724.416

Disposal of Small Containers of Hazardous Waste in Overpacked Drums (Lab

Packs)

724.417

Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026 and

F027

SUBPART O: INCINERATORS

Section

724.440

Applicability

724.441

Waste Analysis

724.442

Principal Organic Hazardous Constituents (POHCs)

724.443

Performance Standards

724.444

Hazardous Waste Incinerator Permits

724.445

Operating Requirements

724.447

Monitoring and Inspections

724.451

Closure

SUBPART S: CORRECTIVE ACTION FOR SOLID WASTE MANAGEMENT UNITS

Section

724.652

Corrective Action Management Units

724.653

Temporary Units

SUBPART W: DRIP PADS

Section

724.670

Applicability

724.671

Assessment of existing drip pad integrity

724.672

Design and installation of new drip pads

724.673

Design and operating requirements

724.674

Inspections

724.675

Closure

SUBPART X: MISCELLANEOUS UNITS

Section

724.700

Applicability

724.701

Environmental Performance Standards

724.702

Monitoring, Analysis, Inspection, Response, Reporting and Corrective Action

724.703

Post-closure Care

SUBPART AA: AIR EMISSION STANDARDS FOR PROCESS VENTS

Section

724.930

Applicability

724.931

Definitions

724.932

Standards: Process Vents

724.933

Standards: Closed-vent Systems and Control Devices

87

724.934

Test methods and procedures

724.935

Recordkeeping requirements

724.936

Reporting Requirements

SUBPART BB: AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS

Section

724.950

Applicability

724.951

Definitions

724.952

Standards: Pumps in Light Liquid Service

724.953

Standards: Compressors

724.954

Standards: Pressure Relief Devices in Gas/Vapor Service

724.955

Standards: Sampling Connecting Systems

724.956

Standards: Open-ended Valves or Lines

724.957

Standards: Valves in Gas/Vapor or Light Liquid Service

724.958

Standards: Pumps, Valves, Pressure Relief Devices and Other Connectors

724.959

Standards: Delay of Repair

724.960

Standards: Closed-vent Systems and Control Devices

724.961

Alternative Percentage Standard for Valves

724.962

Skip Period Alternative for Valves

724.963

Test Methods and Procedures

724.964

Recordkeeping Requirements

724.965

Reporting Requirements

SUBPART DD: CONTAINMENT BUILDINGS

Section

724.1100

Applicability

724.1101

Design and operating standards

724.1102

Closure and post-closure care

724.Appendix A

Recordkeeping Instructions

724.Appendix B

EPA Report Form and Instructions (Repealed)

724.Appendix D

Cochran's Approximation to the Behrens-Fisher Student's T-Test

724.Appendix E

Examples of Potentially Incompatible Waste

724.Appendix I

Groundwater Monitoring List

AUTHORITY: Implementing Section 22.4 and authorized by Section 27 of the Environmental

Protection Act (Ill. Rev. Stat. 1991, ch. 1112, pars. 1022.4 and 1027 [415 ILCS 5/22.4 and

5/27]).

SOURCE: Adopted in R82-19, 53 PCB 131, at 7 Ill. Reg. 14059, effective October 12, 1983;

amended in R84-9 at 9 Ill. Reg. 11964, effective July 24, 1985; amended in R85-22 at 10 Ill.

Reg. 1136, effective January 2, 1986; amended in R86-1 at 10 Ill. Reg. 14119, effective August

12, 1986; amended in R86-28 at 11 Ill. Reg. 6138, effective March 24, 1987; amended in R86-28

88

at 11 Ill. Reg. 8684, effective April 21, 1987; amended in R86-46 at 11 Ill. Reg. 13577, effective

August 4, 1987; amended in R87-5 at 11 Ill. Reg. 19397, effective November 12, 1987; amended

in R87-39 at 12 Ill. Reg. 13135, effective July 29, 1988; amended in R88-16 at 13 Ill. Reg. 458,

effective December 28, 1988; amended in R89-1 at 13 Ill. Reg. 18527, effective November 13,

1989; amended in R90-2 at 14 Ill. Reg. 14511, effective August 22, 1990; amended in R90-10 at

14 Ill. Reg. 16658, effective September 25, 1990; amended in R90-11 at 15 Ill. Reg. 9654,

effective June 17, 1991; amended in R91-1 at 15 Ill. Reg. 14572, effective October 1, 1991;

amended in R91-13 at 16 Ill. Reg. 9833, effective June 9, 1992; amended in R92-1 at 16 Ill. Reg.

17666, effective November 6, 1992; amended in R92-10 at 17 Ill. Reg. 5806, effective March 26,

1993; amended in R93-4 at 17 Ill. Reg. 20830, effective November 22, 1993; amended in R93-

16 at _____ Ill. Reg. _________, effective ____________________.

SUBPART A: GENERAL PROVISIONS

Section 724.101

Purpose, Scope and Applicability

The purpose of this Part is to establish minimum standards which define the

acceptable management of hazardous waste.

The standards in this Part apply to owners and operators of all facilities which

treat, store or dispose of hazardous waste, except as specifically provided

otherwise in this Part or 35 Ill. Adm. Code 721.

The requirements of this Part apply to a person disposing of hazardous waste by

means of ocean disposal subject to a permit issued under the Marine Protection,

Research and Sanctuaries Act (16 U.S.C. 1431-1434, 33 U.S.C. 1401) only to the

extent they are included in a RCRA permit by rule granted to such a person under

35 Ill. Adm. Code 703.141. A "RCRA permit" is a permit required by Section

21(f) of the Environmental Protection Act and 35 Ill. Adm. Code 703.121.

BOARD NOTE: This Part does apply to the treatment or storage of hazardous

waste before it is loaded onto an ocean vessel for incineration or disposal at sea.

The requirements of this Part apply to a person disposing of hazardous waste by

means of underground injection subject to a permit issued by the Agency pursuant

to Section 12(g) of the Environmental Protection Act only to the extent they are

required by 35 Ill. Adm. Code 704, Subpart F.

BOARD NOTE: This Part does apply to the above-ground treatment or storage

of hazardous waste before it is injected underground.

The requirements of this Part apply to the owner or operator of a POTW (publicly

owned treatment works) which treats, stores or disposes of hazardous waste only

to the extent included in a RCRA permit by rule granted to such a person under

89

35 Ill. Adm. Code 703.141.

This subsection corresponds with 40 CFR 264.1(f), which provides that the

federal regulations do not apply to T/S/D activities in authorized states, except

under limited, enumerated circumstances. This statement maintains structural

consistency with U.S. EPA rules.

fg)

The requirements of this Part do not apply to:

The owner or operator of a facility permitted by the Agency under Section

21 of the Environmental Protection Act to manage municipal or industrial

solid waste, if the only hazardous waste the facility treats, stores or

disposes of is excluded from regulation under this Part by 35 Ill. Adm.

Code 721.105.

BOARD NOTE: The owner or operator may be subject to 35 Ill. Adm.

Code 807 and may have to have a supplemental permit under 35 Ill. Adm.

Code 807.210.

The owner or operator of a facility managing recyclable materials

described in 35 Ill. Adm. Code 721.106(a)(2), and through (a)(4) (except

to the extent that requirements of this Part are referred to in 35 Ill. Adm.

Code 726.Subparts C, F, G, or H or 35 Ill. Adm. Code 739).

A generator accumulating waste on-site in compliance with 35 Ill. Adm.

Code 722.134.

A farmer disposing of waste pesticides from the farmer's own use in

compliance with 35 Ill. Adm. Code 722.170.

The owner or operator of a totally enclosed treatment facility, as defined

in 35 Ill. Adm. Code 720.110.

The owner or operator of an elementary neutralization unit or a

wastewater treatment unit as defined in 35 Ill. Adm. Code 720.110,

provided that if the owner or operator is diluting hazardous ignitable

(D001) wastes (other than the D001 High TOC Subcategory defined in 35

Ill. Adm. Code 728.Table D), or corrosive (D002) waste, to remove the

characteristic before land disposal, the owner or operator must comply

with the requirements set out in Section 724.117(b) of this part;

Immediate response:

Except as provided in subsection (f)(8)(B), a person engaged in

90

treatment or containment activities during immediate response to

any of the following situations:

A discharge of a hazardous waste;

ii)

An imminent and substantial threat of a discharge of

hazardous waste;

iii)

A discharge of a material which, when discharged,

becomes a hazardous waste.

An owner or operator of a facility otherwise regulated by this Part

must comply with all applicable requirements of Subparts C and D.

Any person who is covered by subsection (f)(8)(A) and who

continues or initiates hazardous waste treatment or containment

activities after the immediate response is over is subject to all

applicable requirements of this Part and 35 Ill. Adm. Code 702,

703 and 705 for those activities. Or,

A transporter storing manifested shipments of hazardous waste in

containers meeting the requirements of 35 Ill. Adm. Code 722.130 at a

transfer facility for a period of ten days or less.

The addition of absorbent materials to waste in a container (as defined in

35 Ill. Adm. Code 720) or the addition of waste to absorbent material in a

container, provided these actions occur at the time waste is first placed in

the container; and Sections 724.117(b), 724.271 and 724.272 are complied

with.

This Part applies to owners and operators of facilities which treat, store or dispose

of hazardous wastes referred to in 35 Ill. Adm. Code 728.

(Source: Amended at _____ Ill. Reg. _________, effective ____________________)

Section 724.103

Relationship to Interim Status Standards

A facility owner or operator who has fully complied with the requirements for interim status--as

defined in Section 3005(e) of RCRA and regulations under 35 Ill. Adm. Code 703, Subpart C--

must comply with the regulations specified in 35 Ill. Adm. Code 725 in lieu of the regulations in

this Part, until final administrative disposition of his permit application is made, except as

provided under Subpart S of this Part.

BOARD NOTE: As stated in Section 21(f) of the Illinois Environmental Protection Act, the

91

treatment, storage, or disposal of hazardous waste is prohibited, except in accordance with a

RCRA permit. 35 Ill. Adm. Code 703, Subpart C provides for the continued operation of an

existing facility which meets certain conditions until final administrative disposition of the

owner's or operator's permit application is made.

(Source: Amended at _____ Ill. Reg. _________, effective ____________________)

SUBPART F: RELEASES FROM SOLID WASTE MANAGEMENT UNITS

Section 724.201

Corrective Action for Solid Waste Management Units

The owner or operator of a facility seeking a permit for the treatment, storage or

disposal of hazardous waste must institute correction action as necessary to

protect human health and the environment for all releases of hazardous waste or

constituents from any solid waste management unit at the facility, regardless of

the time at which waste was placed in such unit.

Corrective action will be specified in the permit in accordance with this Section

and Subpart S of this Part. The permit will contain schedules of compliance for

such corrective action (where such corrective action cannot be completed prior to

issuance of the permit) and assurances of financial responsibility for completing

such corrective action.

The owner or operator must implement corrective action measures beyond the

facility property boundary, where necessary to protect human health and the

environment, unless the owner or operator demonstrates to the Agency that,

despite the owner or operator's best efforts, the owner or operator was unable to

obtain the necessary permission to undertake such actions. The owner and

operator are not relieved of all responsibility to clean up a release that has

migrated beyond the facility boundary where off-site access is denied. On-site

measures to address such releases will be determined on a case-by-case basis.

Assurances of financial responsibility for such corrective action must be

provided.

(Source: Amended at _____ Ill. Reg. _________, effective ____________________)

SUBPART L: WASTE PILES

Section 724.351

Design and Operating Requirements

A waste pile (except for an existing portion of a waste pile) must have:

A liner that is designed, constructed and installed to prevent any migration

92

of wastes out of the pile into the adjacent subsurface soil or groundwater

or surface water at any time during the active life (including the closure

period) of the waste pile. The liner may be constructed of materials that

may allow waste to migrate into the liner itself (but not into the adjacent

subsurface soil or groundwater or surface water) during the active life of

the facility. The liner must be:

Constructed of materials that have appropriate chemical properties

and sufficient strength and thickness to prevent failure due to

pressure gradients (including static head and external

hydrogeologic forces), physical contact with the waste or leachate

to which they are exposed, climatic conditions, the stress of

installation and the stress of daily operation;

Placed upon a foundation or base capable of providing support to

the liner and resistance to pressure gradients above and below the

liner to prevent failure of the liner due to settlement, compression

or uplift; and

Installed to cover all surrounding earth likely to be in contact with

the waste or leachate; and

A leachate collection and removal system immediately above the liner that

is designed, constructed, maintained and operated to collect and remove

leachate from the pile. The Agency shall specify design and operating

conditions in the permit to ensure that the leachate depth over the liner

does not exceed 30 cm (one foot). The leachate collection and removal

system must be:

Constructed of materials that are:

Chemically resistant to the waste managed in the pile and

the leachate expected to be generated; and

ii)

Of sufficient strength and thickness to prevent collapse

under the pressures exerted by overlying wastes, waste

cover materials and by any equipment used at the pile; and

Designed and operated to function without clogging through the

scheduled closure of the waste pile.

The owner or operator will be exempted from the requirements of subsection (a)

above if the Board grants an adjusted standard pursuant to 35 Ill. Adm. Code

106.Subpart G. The level of justification is a demonstration by the owner or

operator that alternate design or operating practices, together with location

93

characteristics, will prevent the migration of any hazardous constituents (see

Section 724.193) into the groundwater or surface water at any future time. In

deciding whether to grant an adjusted standard, the Board will consider:

The nature and quantity of the wastes;

The proposed alternate design and operation;

The hydrogeologic setting of the facility, including attenuative capacity

and thickness of the liners and soils present between the pile and

groundwater or surface water; and

All other factors which influence the quality and mobility of the leachate

produced and the potential for it to migrate to groundwater or surface

water.

The owner or operator of each new waste pile unit on which construction

commences after January 29, 1992, each lateral expansion of a waste pile unit on

which construction commences after July 29, 1992, and each replacement of an

existing waste pile unit that is to commence reuse after July 29, 1992, shall install

two or more liners and a leachate collection and removal system above and

between such liners. "Construction commences" is as defined in Section 720.110

under "existing facility".

Liners.

The liner system must include:

A top liner designed and constructed of materials (e.g., a

geomembrane) to prevent the migration of hazardous

constituents into such liner during the active life and post-

closure care period; and

ii)

A composite bottom liner, consisting of at least two

components.

The upper component must be designed and

constructed of materials (e.g., a geomembrane) to prevent

the migration of hazardous constituents into this component

during the active life and post-closure care period. The

lower component must be designed and constructed of

materials to minimize the migration of hazardous

constituents if a breach in the upper component were to

occur.

The lower component must be constructed of at

least 3 feet (91 cm) of compacted soil material with a

hydraulic conductivity of no more than 1X10

-7

cm/sec.

94

The liners must comply with subsections (a)(1)(A), (B) and (C)

above.

The leachate collection and removal system immediately above the top

liner must be designed, constructed, operated and maintained to collect

and remove leachate from the waste pile during the active life and post-

closure care period. The Agency will specify design and operating

conditions in the permit to ensure that the leachate depth over the liner

does not exceed 30 cm (one foot). The leachate collection and removal

system must comply with subsections (c)(3)(C) and (D) below.

The leachate collection and removal system between the liners, and

immediately above the bottom composite liner in the case of multiple

leachate collection and removal systems, is also a leak detection system

(LDS). This LDS must be capable of detecting, collecting and removing

leaks of hazardous constituents at the earliest practicable time through all

areas of the top liner likely to be exposed to waste or leachate during the

active life and post-closure care period. The requirements for a LDS in

this subsection are satisfied by installation of a system that is, at a

minimum:

Constructed with a bottom slope of one percent or more;

Constructed of granular drainage materials with a hydraulic

conductivity of 1X10

-2

cm/sec or more and a thickness of 12

inches (30.5 cm) or more; or constructed of synthetic or geonet

drainage materials with a transmissivity of 3X10

-5

/sec or more:

Constructed of materials that are chemically resistant to the waste

managed in the waste pile and the leachate expected to be

generated, and of sufficient strength and thickness to prevent

collapse under the pressures exerted by overlying wastes, waste

cover materials and equipment used at the waste pile;

Designed and operated to minimize clogging during the active life

and post-closure care period; and

Constructed with sumps and liquid removal methods (e.g., pumps)

of sufficient size to collect and remove liquids from the sump and

prevent liquids from backing up into the drainage layer.

Each unit

must have its own sump(s).

The design of each sump and removal

system must provide a method for measuring and recording the

volume of liquids present in the sump and of liquids removed.

95

The owner or operator shall collect and remove pumpable liquids in the

LDS sumps to minimize the head on the bottom liner.

The owner or operator of a LDS that is not located completely above the

seasonal high water table shall demonstrate that the operation of the LDS

will not be adversely affected by the presence of ground water.

The Agency shall approve alternative design or operating practices to those

specified in subsection (c) above if the owner or operator demonstrates to the

Agency, by way of permit or permit modification application, that such design or

operating practices, together with location characteristics:

Will prevent the migration of any hazardous constituent into the ground

water or surface water at least as effectively as the liners and leachate

collection and removal systems specified in subsection (c) above; and

Will allow detection of leaks of hazardous constituents through the top

liner at least as effectively.

Subsection (c) above does not apply to monofills that are granted a waiver by the

Agency in accordance with Section 724.321(e).

The owner or operator of any replacement waste pile unit is exempt from

subsection (c) above if:

The existing unit was constructed in compliance with the design standards

of section 3004(o)(1)(A)(i) and (o)(5) of the Resource Conservation and

Recovery Act (42 USC 6901 et seq.); and

BOARD NOTE: The cited provisions required the installation of

two or more liners and a leachate collection system above (in the

case of a landfill) and between such liners, including a top liner

designed, operated and constructed of materials to prevent the

migration of any constituent into such liner during the period the

facility remained in operation (including any post-closure

monitoring period), and a lower liner to prevent the migration of

any constituent through the liner during such period.

The lower

liner was deemed to satisfy the requirement if it was constructed of

at least a 3-foot thick layer of recompacted clay or other natural

material with a permeability of no more than 1 x 10

-7

cm/sec.

There is no reason to believe that the liner is not functioning as designed.

96

The owner or operator shall design, construct, operate and maintain a run-on

control system capable of preventing flow onto the active portion of the pile

during peak discharge from at least a 25-year storm.

The owner or operator shall design, construct, operate and maintain a run-off

management system to collect and control at least the water volume resulting

from a 24-hour, 25-year storm.

Collection and holding facilities (e.g. tanks or basins) associated with run-on and

run-off control systems must be emptied or otherwise managed expeditiously

after storms to maintain design capacity of the system.

If the pile contains any particulate matter which may be subject to wind dispersal,

the owner or operator shall cover or otherwise manage the pile to control wind

dispersal.

The Agency shall specify in the permit all design and operating practices that are

necessary to ensure that the requirements of this Section are satisfied.

(Source: Amended at 17 Ill. Reg. _____, effective _________________)

SUBPART S: CORRECTIVE ACTION FOR SOLID WASTE MANAGEMENT UNITS

Section 724.652

Corrective Action Management Units

For the purpose of implementing remedies under Section 724.201 or RCRA

Section 3008(h), the Agency may designate an area at the facility as a corrective

action management unit, as defined in 35 Ill. Adm. Code 720.10, in accordance

with the requirements of this Section. One or more CAMUs may be designated at

a facility.

Placement of remediation wastes into or within a CAMU does not

constitute land disposal of hazardous wastes.

Consolidation or placement of remediation wastes into or within a CAMU

does not constitute creation of a unit subject to minimum technology

requirements.

Designation of a CAMU.

The Agency may designate a regulated unit (as defined in Section

724.190(a)(2)) as a CAMU, or it may incorporate a regulated unit into a

CAMU, if:

97

The regulated unit is closed or closing, meaning it has begun the

closure process under Section 724.213 or 35 Ill. Adm. Code

725.213; and

Inclusion of the regulated unit will enhance implementation of

effective, protective, and reliable remedial actions for the facility.

The requirements of Subparts F, G, and H and the unit-specific

requirements of this Part or the 35 Ill. Adm. Code 725 requirements that

applied to that regulated unit will continue to apply to that portion of the

CAMU after incorporation into the CAMU.

The Agency shall designate a CAMU in accordance with the following factors:

The CAMU shall facilitate the implementation of reliable, effective,

protective, and cost-effective remedies;

Waste management activities associated with the CAMU shall not create

unacceptable risks to humans or to the environment resulting from

exposure to hazardous wastes or hazardous constituents;

The CAMU shall include uncontaminated areas of the facility only if

including such areas for the purpose of managing remediation waste is

more protective than managing such wastes at contaminated areas of the

facility;

Areas within the CAMU where wastes remain in place after its closure

shall be managed and contained so as to minimize future releases to the

extent practicable;

The CAMU shall expedite the timing of remedial activity implementation,

when appropriate and practicable;

The CAMU shall enable the use, when appropriate, of treatment

technologies (including innovative technologies) to enhance the long-term

effectiveness of remedial actions by reducing the toxicity, mobility, or

volume of wastes that will remain in place after closure of the CAMU; and

The CAMU shall, to the extent practicable, minimize the land area of the

facility upon which wastes will remain in place after closure of the

CAMU.

The owner or operator shall provide sufficient information to enable the Agency

98

to designate a CAMU in accordance with the standards of this Section.

The Agency shall specify in the permit the requirements applicable to a CAMU,

including the following:

The areal configuration of the CAMU.

Requirements for remediation waste management, including the

specification of applicable design, operation, and closure requirements.

Requirements for groundwater monitoring that are sufficient to:

Continue to detect and to characterize the nature, extent,

concentration, direction, and movement of existing releases of

hazardous constituents in groundwater from sources located within

the CAMU; and

Detect and subsequently characterize releases of hazardous

constituents to groundwater that may occur from areas of the

CAMU in which wastes will remain in place after closure of the

CAMU.

Closure and post-closure requirements.

Closure of a CAMU shall:

Minimize the need for further maintenance; and

ii)

Control, minimize, or eliminate, to the extent necessary to

protect human health and the environment, for areas where

wastes remain in place, post-closure escape of hazardous

waste, hazardous constituents, leachate, contaminated

runoff, or hazardous waste decomposition products to the

ground, to surface waters, or to the atmosphere.

Requirements for closure of a CAMU shall include the following,

as appropriate:

Requirements for excavation, removal, treatment, or

containment of wastes;

ii)

For areas in which wastes will remain after closure of the

CAMU, requirements for the capping of such areas; and

99

iii)

Requirements for the removal and decontamination of

equipment, devices, and structures used in remediation

waste management activities within the CAMU.

In establishing specific closure requirements for a CAMU under

this subsection, the Agency shall consider the following factors:

The characteristics of the CAMU;

ii)

The volume of wastes that remain in place after closure;

iii)

The potential for releases from the CAMU;

iv)

The physical and chemical characteristics of the waste;

The hydrological and other relevant environmental

conditions at the facility that may influence the migration

of any potential or actual releases; and

vi)

The potential for exposure of humans and environmental

receptors if releases were to occur from the CAMU.

Post-closure requirements as necessary to protect human health

and the environment, including, for areas where wastes will remain

in place, monitoring and maintenance activities and the frequency

with which such activities shall be performed to ensure the

integrity of any cap, final cover, or other containment system.

The Agency shall document the rationale for designating the CAMU and shall

make such documentation available to the public.

Incorporation of a CAMU into an existing permit must be approved by the

Agency according to the procedures for Agency-initiated permit modifications

under 35 Ill. Adm. Code 703.270 through 703.273 or according to the permit

modification procedures of 35 Ill. Adm. Code 703.283.

The designation of a CAMU does not change the Agency's existing authority to

address clean-up levels, media-specific points of compliance to be applied to

remediation at a facility, or other remedy selection decisions.

BOARD NOTE: Derived from 40 CFR 264.552 (1992), as added at 58 Fed. Reg.

8683 (Feb. 16, 1993). U.S. EPA promulgated this provision pursuant to HSWA

provisions of RCRA Subtitle C. Since the federal provision became immediately

effective in Illinois, and until U.S. EPA authorizes this Illinois provision, an

100

owner or operator must seek CAMU authorization from U.S. EPA Region V, as

well as authorization from the Agency under this provision.

(Source: Added at _____ Ill. Reg. _________, effective ______________________

Section 724.653

Temporary Units

For temporary tanks and container storage areas used for treatment or storage of

hazardous remediation wastes, during remedial activities required under Section

724.201 or RCRA section 3008(h), the Agency shall establish alternative

requirements pursuant to this Section if it determines that a design, operating, or

closure standard applicable to such units may be replaced by alternative

requirements that is equally as protective of human health and the environment as

would be the standards of this Part or of 35 Ill. Adm. Code 725, if applied.

Any temporary unit to which alternative requirements are applied in accordance

with subsection (a) shall be:

Located within the facility boundary; and

Used only for treatment or storage of remediation wastes.

In establishing alternative requirements to be applied to a temporary unit, the

Agency shall consider the following factors:

The length of time such unit will be in operation;

The type of unit;

The volumes of wastes to be managed;

The physical and chemical characteristics of the wastes to be managed in

the unit;

The potential for releases from the unit;

The hydrogeological and other relevant environmental conditions at the

facility that may influence the migration of any potential releases; and

The potential for exposure of humans and environmental receptors if

releases were to occur from the unit.

The Agency shall specify in the permit the length of time a temporary unit will be

allowed to operate, which shall be no longer than one year. The Agency shall

101

also specify the design, operating, and closure requirements for the unit.

The Agency may extend the operational period of a temporary unit once, for no

longer than a period of one year beyond that originally specified in the permit, if

the Agency determines that:

Continued operation of the unit will not pose a threat to human health and

the environment; and

Continued operation of the unit is necessary to ensure timely and efficient

implementation of remedial actions at the facility.

Incorporation of a temporary unit or a time extension for a temporary unit into an

existing permit shall be:

Approved in accordance with the procedures for Agency-initiated permit

modifications under 35 Ill. Adm. Code 703.270 through 703.273; or

Requested by the owner/operator as a Class 2 modification according to

the procedures under 35 Ill. Adm. Code 703.283.

The Agency shall document the rationale for designating a temporary unit and for

granting time extensions for temporary units and shall make such documentation

available to the public.

BOARD NOTE: Derived from 40 CFR 264.553 (1992), as added at 58 Fed. Reg.

8684 (Feb. 16, 1993). U.S. EPA promulgated this provision pursuant to HSWA

provisions of RCRA Subtitle C. Since the federal provision became immediately

effective in Illinois, and until U.S. EPA authorizes this Illinois provision, an

owner or operator must seek TU authorization from U.S. EPA Region V, as well

as authorization from the Agency under this provision.

(Source: Added at _____ Ill. Reg. _________, effective ______________________

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 725

INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS

WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES

102

SUBPART A: GENERAL PROVISIONS

Section

725.101

Purpose, Scope and Applicability

725.104

Imminent Hazard Action

SUBPART B: GENERAL FACILITY STANDARDS

Section

725.110

Applicability

725.111

USEPA Identification Number

725.112

Required Notices

725.113

General Waste Analysis

725.114

Security

725.115

General Inspection Requirements

725.116

Personnel Training

725.117

General Requirements for Ignitable, Reactive or Incompatible Wastes

725.118

Location Standards

725.119

Construction Quality Assurance Program

SUBPART C: PREPAREDNESS AND PREVENTION

Section

725.130

Applicability

725.131

Maintenance and Operation of Facility

725.132

Required Equipment

725.133

Testing and Maintenance of Equipment

725.134

Access to Communications or Alarm System

725.135

Required Aisle Space

725.137

Arrangements with Local Authorities

SUBPART D: CONTINGENCY PLAN AND EMERGENCY PROCEDURES

Section

725.150

Applicability

725.151

Purpose and Implementation of Contingency Plan

725.152

Content of Contingency Plan

725.153

Copies of Contingency Plan

725.154

Amendment of Contingency Plan

725.155

Emergency Coordinator

725.156

Emergency Procedures

SUBPART E: MANIFEST SYSTEM, RECORDKEEPING AND REPORTING

Section

725.170

Applicability

725.171

Use of Manifest System

725.172

Manifest Discrepancies

725.173

Operating Record

103

725.174

Availability, Retention and Disposition of Records

725.175

Annual Report

725.176

Unmanifested Waste Report

725.177

Additional Reports

SUBPART F: GROUNDWATER MONITORING

Section

725.190

Applicability

725.191

Groundwater Monitoring System

725.192

Sampling and Analysis

725.193

Preparation, Evaluation and Response

725.194

Recordkeeping and Reporting

SUBPART G: CLOSURE AND POST-CLOSURE

Section

725.210

Applicability

725.211

Closure Performance Standard

725.212

Closure Plan; Amendment of Plan

725.213

Closure; Time Allowed for Closure

725.214

Disposal or Decontamination of Equipment, Structures and Soils

725.215

Certification of Closure

725.216

Survey Plat

725.217

Post-closure Care and Use of Property

725.218

Post-closure Plan; Amendment of Plan

725.219

Post-Closure Notices

725.220

Certification of Completion of Post-Closure Care

SUBPART H: FINANCIAL REQUIREMENTS

Section

725.240

Applicability

725.241

Definitions of Terms as Used in this Subpart

725.242

Cost Estimate for Closure

725.243

Financial Assurance for Closure

725.244

Cost Estimate for Post-closure Care

725.245

Financial Assurance for Post-closure Monitoring and Maintenance

725.246

Use of a Mechanism for Financial Assurance of Both Closure and Post-closure

Care

725.247

Liability Requirements

725.248

Incapacity of Owners or Operators, Guarantors or Financial Institutions

725.251

Promulgation of Forms (Repealed)

SUBPART I: USE AND MANAGEMENT OF CONTAINERS

Section

725.270

Applicability

104

725.271

Condition of Containers

725.272

Compatibility of Waste with Container

725.273

Management of Containers

725.274

Inspections

725.276

Special Requirements for Ignitable or Reactive Waste

725.277

Special Requirements for Incompatible Wastes

SUBPART J: TANK SYSTEMS

Section

725.290

Applicability

725.291

Assessment of Existing Tank System's Integrity

725.292

Design and Installation of New Tank Systems or Components

725.293

Containment and Detection of Releases

725.294

General Operating Requirements

725.295

Inspections

725.296

Response to leaks or spills and disposition of Tank Systems

725.297

Closure and Post-Closure Care

725.298

Special Requirements for Ignitable or Reactive Waste

725.299

Special Requirements for Incompatible Wastes

725.300

Waste Analysis and Trial Tests

725.301

Generators of 100 to 1000 kg/mo.

SUBPART K: SURFACE IMPOUNDMENTS

Section

725.320

Applicability

725.321

Design and Operating Requirements

725.322

Action Leakage Rate

725.323

Response Actions

725.324

Containment System

725.325

Waste Analysis and Trial Tests

725.326

Monitoring and Inspections

725.328

Closure and Post-Closure Care

725.329

Special Requirements for Ignitable or Reactive Waste

725.330

Special Requirements for Incompatible Wastes

SUBPART L: WASTE PILES

Section

725.350

Applicability

725.351

Protection from Wind

725.352

Waste Analysis

725.353

Containment

725.354

Design and Operating Requirements

725.355

Action Leakage Rates

725.356

Special Requirements for Ignitable or Reactive Waste

105

725.357

Special Requirements for Incompatible Wastes

725.358

Closure and Post-Closure Care

725.359

Response Actions

725.360

Monitoring and Inspection

SUBPART M: LAND TREATMENT

Section

725.370

Applicability

725.372

General Operating Requirements

725.373

Waste Analysis

725.376

Food Chain Crops

725.378

Unsaturated Zone (Zone of Aeration) Monitoring

725.379

Recordkeeping

725.380

Closure and Post-closure

725.381

Special Requirements for Ignitable or Reactive Waste

725.382

Special Requirements for Incompatible Wastes

SUBPART N: LANDFILLS

Section

725.400

Applicability

725.401

Design Requirements

725.402

Action Leakage Rate

725.403

Response Actions

725.404

Monitoring and Inspection

725.409

Surveying and Recordkeeping

725.410

Closure and Post-Closure

725.412

Special Requirements for Ignitable or Reactive Waste

725.413

Special Requirements for Incompatible Wastes

725.414

Special Requirements for Liquid Wastes

725.415

Special Requirements for Containers

725.416

Disposal of Small Containers of Hazardous Waste in Overpacked Drums (Lab

Packs)

SUBPART O: INCINERATORS

Section

725.440

Applicability

725.441

Waste Analysis

725.445

General Operating Requirements

725.447

Monitoring and Inspection

725.451

Closure

725.452

Interim Status Incinerators Burning Particular Hazardous Wastes

SUBPART P: THERMAL TREATMENT

Section

106

725.470

Other Thermal Treatment

725.473

General Operating Requirements

725.475

Waste Analysis

725.477

Monitoring and Inspections

725.481

Closure

725.482

Open Burning; Waste Explosives

725.483

Interim Status Thermal Treatment Devices Burning Particular Hazardous Waste

SUBPART Q: CHEMICAL, PHYSICAL AND BIOLOGICAL TREATMENT

Section

725.500

Applicability

725.501

General Operating Requirements

725.502

Waste Analysis and Trial Tests

725.503

Inspections

725.504

Closure

725.505

Special Requirements for Ignitable or Reactive Waste

725.506

Special Requirements for Incompatible Wastes

SUBPART R: UNDERGROUND INJECTION

Section

725.530

Applicability

SUBPART W: DRIP PADS

Section

725.540

Applicability

725.541

Assessment of existing drip pad integrity

725.542

Design and installation of new drip pads

725.543

Design and operating requirements

725.544

Inspections

725.545

Closure

SUBPART AA: AIR EMISSION STANDARDS FOR PROCESS VENTS

Section

725.930

Applicability

725.931

Definitions

725.932

Standards: Process Vents

725.933

Standards: Closed-vent Systems and Control Devices

725.934

Test methods and procedures

725.935

Recordkeeping Requirements

SUBPART BB: AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS

Section

725.950

Applicability

725.951

Definitions

107

725.952

Standards: Pumps in Light Liquid Service

725.953

Standards: Compressors

725.954

Standards: Pressure Relief Devices in Gas/Vapor Service

725.955

Standards: Sampling Connecting Systems

725.956

Standards: Open-ended Valves or Lines

725.957

Standards: Valves in Gas/Vapor or Light Liquid Service

725.958

Standards: Pumps, Valves, Pressure Relief Devices, Flanges and Other

Connectors

725.959

Standards: Delay of Repair

725.960

Standards: Closed-vent Systems and Control Devices

725.961

Percent Leakage Alternative for Valves

725.962

Skip Period Alternative for Valves

725.963

Test Methods and Procedures

725.964

Recordkeeping Requirements

SUBPART DD: CONTAINMENT BUILDINGS

Section

725.1100

Applicability

725.1101

Design and operating standards

725.1102

Closure and post-closure care

725.Appendix A

Recordkeeping Instructions

725.Appendix B

EPA Report Form and Instructions (Repealed)

725.Appendix C

EPA Interim Primary Drinking Water Standards

725.Appendix D

Tests for Significance

725.Appendix E

Examples of Potentially Incompatible Waste

AUTHORITY: Implementing Section 22.4 and authorized by Section 27 of the Environmental

Protection Act (Ill. Rev. Stat. 1991, ch. 1112, pars. 1022.4 and 1027 [415 ILCS 5/22.4 and 27]).

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 831, at 7 Ill. Reg. 2518,

effective February 22, 1983; amended in R82-19, 53 PCB 131, at 7 Ill. Reg. 14034, effective

October 12, 1983; amended in R84-9, at 9 Ill. Reg. 11869, effective July 24, 1985; amended in

R85-22 at 10 Ill. Reg. 1085, effective January 2, 1986; amended in R86-1 at 10 Ill. Reg. 14069,

effective August 12, 1986; amended in R86-28 at 11 Ill. Reg. 6044, effective March 24, 1987;

amended in R86-46 at 11 Ill. Reg. 13489, effective August 4, 1987; amended in R87-5 at 11 Ill.

Reg. 19338, effective November 10, 1987; amended in R87-26 at 12 Ill. Reg. 2485, effective

January 15, 1988; amended in R87-39 at 12 Ill. Reg. 13027, effective July 29, 1988; amended in

R88-16 at 13 Ill. Reg. 437, effective December 28, 1988; amended in R89-1 at 13 Ill. Reg.

18354, effective November 13, 1989; amended in R90-2 at 14 Ill. Reg. 14447, effective August

22, 1990; amended in R90-10 at 14 Ill. Reg. 16498, effective September 25, 1990; amended in

108

R90-11 at 15 Ill. Reg. 9398, effective June 17, 1991; amended in R91-1 at 15 Ill. Reg. 14534,

effective October 1, 1991; amended in R91-13 at 16 Ill. Reg. 9578, effective June 9, 1992;

amended in R92-1 at 16 Ill. Reg. 17672, effective November 6, 1992; amended in R92-10 at 17

Ill. Reg. 5681, effective March 26, 1993; amended in R93-4 at 17 Ill. Reg. 20620, effective

November 22, 1993; amended in R93-16 at _____ Ill. Reg. _________, effective

____________________.

SUBPART A: GENERAL PROVISIONS

Section 725.101

Purpose, Scope and Applicability

The purpose of this Part is to establish minimum standards which define the

acceptable management of hazardous waste during the period of interim status

and until certification of final closure or, if the facility is subject to post-closure

requirements, until post-closure responsibilities are fulfilled.

The standards in this Part and of 35 Ill. Adm. Code 724.652 and 724.653 apply to

owners and operators of facilities which treat, store or dispose of hazardous waste

who have fully complied with the requirements for interim status under Section

3005(e) of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C.

6901 et seq.) and 35 Ill. Adm. Code 703, until either a permit is issued under

Section 3005 of the Resource Conservation and Recovery Act or Section 21(f) of

the Environmental Protection Act, or until applicable closure and post-closure

responsibilities under this Part are fulfilled, and to those owners and operators of

facilities in existence on November 19, 1980, who have failed to provide timely

notification as required by Section 3010(a) of RCRA, or failed to file Part A of

the Permit Application as required by 40 CFR 270.10(e) and (g) or 35 Ill. Adm.

Code 703.150 and 703.152. These standards apply to all treatment, storage or

disposal of hazardous waste at these facilities after November 19, 1980, except as

specifically provided otherwise in this Part or 35 Ill. Adm. Code 721;

BOARD NOTE: As stated in Section 3005(a) of RCRA, after the effective date

of regulations under that Section, i.e., 40 CFR 270 and 124, the treatment, storage

or disposal of hazardous waste is prohibited except in accordance with a permit.

Section 3005(e) of RCRA provides for the continued operation of an existing

facility which meets certain conditions until final administrative disposition of the

owner's and operator's permit application is made. 35 Ill. Adm. Code 703.140 et

seq. provide that a permit is deemed issued under Section 21(f)(1) of the

Environmental Protection Act under conditions similar to federal interim status.

The requirements of this Part do not apply to:

A person disposing of hazardous waste by means of ocean disposal subject

109

to a permit issued under the Marine Protection, Research and Sanctuaries

Act (16 U.S.C. 1431-1434; 33 U.S.C. 1401);

BOARD NOTE: This Part applies to the treatment or storage of

hazardous waste before it is loaded into an ocean vessel for incineration or

disposal at sea, as provided in subsection (b) above.

The owner or operator of a POTW (publicly owned treatment works)

which treats, stores or disposes of hazardous waste;

BOARD NOTE: The owner or operator of a facility under subsections

(c)(1) through (c)(3) is subject to the requirements of 35 Ill. Adm. Code

724 to the extent they are included in a permit by rule granted to such a

person under 35 Ill. Adm. Code 702 and 703 or are required by 35 Ill.

Adm. Code 704.Subpart F.

The owner or operator of a facility permitted, licensed or registered by

Illinois to manage municipal or industrial solid waste, if the only

hazardous waste the facility treats, stores or disposes of is excluded from

regulation under this Part by 35 Ill. Adm. Code 721.105;

The owner or operator of a facility managing recyclable materials

described in 35 Ill. Adm. Code 721.106(a)(2), andthrough (a)(4) (except to

the extent that requirements of this Part are referred to in 35 Ill. Adm.

Code 726.Subparts C, F, G, or H or 35 Ill. Adm. Code 739);

A generator accumulating waste on-site in compliance with 35 Ill. Adm.

Code 722.134, except to the extent the requirements are included in 35 Ill.

Adm. Code 722.134;

A farmer disposing of waste pesticides from the farmer's own use in

compliance with 35 Ill. Adm. Code 722.170;

The owner or operator of a totally enclosed treatment facility, as defined

in 35 Ill. Adm. Code 720.110;

10)

The owner or operator of an elementary neutralization unit or a

wastewater treatment unit as defined in 35 Ill. Adm. Code 720.110,

provided that if the owner or operator is diluting hazardous ignitable

(D001) wastes (other than the D001 High TOC Subcategory defined in 35

Ill. Adm. Code 728.Table D), or corrosive (D002) waste, in order to

remove the characteristic before land disposal, the owner or operator must

comply with the requirements set out in Section 725.117(b);

110

11)

Immediate response:

Except as provided in subsection (c)(11)(B), below, a person

engaged in treatment or containment activities during immediate

response to any of the following situations:

A discharge of a hazardous waste;

ii)

An imminent and substantial threat of a discharge of a

hazardous waste;

iii)

A discharge of a material which, when discharged,

becomes a hazardous waste.

An owner or operator of a facility otherwise regulated by this Part

must comply with all applicable requirements of Subparts C and D.

Any person who is covered by subsection (c)(11)(A), above and

who continues or initiates hazardous waste treatment or

containment activities after the immediate response is over is

subject to all applicable requirements of this Part and 35 Ill. Adm.

Code 702, 703 and 705 for those activities.

12)

A transporter storing manifested shipments of hazardous waste in

containers meeting the requirements of 35 Ill. Adm. Code 722.130 at a

transfer facility for a period of ten days or less.

13)

The addition of absorbent material to waste in a container (as defined in

35 Ill. Adm. Code 720.110), or the addition of waste to the absorbent

material in a container, provided that these actions occur at the time waste

is first placed in the containers; and Sections 725.117(b), 725.271 and

725.272 are complied with.

The following hazardous wastes must not be managed at facilities subject to

regulation under this Part: hazardous waste numbers F020, F021, F022, F023,

F026 or F027 unless:

The wastewater treatment sludge is generated in a surface impoundment

as part of the plant's wastewater treatment system;

The waste is stored in tanks or containers;

The waste is stored or treated in waste piles that meet the requirements of

35 Ill. Adm. Code 724.350(c) as well as all other applicable requirements

111

of Subpart L;

The waste is burned in incinerators that are certified pursuant to the

standards and procedures in Section 725.452; or

The waste is burned in facilities that thermally treat the waste in a device

other than an incinerator and that are certified pursuant to the standards

and procedures in Section 725.483.

This Part applies to owners and operators of facilities which treat, store or dispose

of hazardous wastes referred to in 35 Ill. Adm. Code 728, and the 35 Ill. Adm.

Code 728 standards are considered material conditions or requirements of the

interim status standards of this Part.

35 Ill. Adm. Code 700 contains rules concerning application of other Board

regulations.

(Source: Amended at _____ Ill. Reg. _________, effective ____________________)

SUBPART H: FINANCIAL REQUIREMENTS

Section 725.243

Financial Assurance for Closure

An owner or operator of each facility shall establish financial assurance for closure of the

facility. The owner or operator shall choose from the options as specified in subsections (a)

through (e), below.

Closure trust fund.

An owner or operator may satisfy the requirements of this Section by

establishing a closure trust fund which conforms to the requirements of

this subsection and submitting an original, signed duplicate of the trust

agreement to the Agency. The trustee must be an entity which has the

authority to act as a trustee and whose trust operations are regulated and

examined by a Federal or State agency.

The wording of the trust agreement must be as specified in 35 Ill. Adm.

Code 724.251 and the trust agreement must be accompanied by a formal

certification of acknowledgment as specified in 35 Ill. Adm. Code

724.251. Schedule A of the trust agreement must be updated within 60

days after a change in the amount of the current closure cost estimate

covered by the agreement.

112

Payments into the trust fund must be made annually by the owner or

operator over the 20 years beginning May 19, 1981, or over the remaining

operating life of the facility as estimated in the closure plan, whichever

period is shorter; this period is hereafter referred to as the "pay-in period."

The payments into the closure trust fund must be made as follows:

The first payment must be made before May 19, 1981, except as

provided in subsection (a)(5), below. The first payment must be at

least equal to the current closure cost estimate, except as provided

in subsection (f), below, divided by the number of years in the

pay-in period.

Subsequent payments must be made no later than 30 days after

each anniversary date of the first payment. The amount of each

subsequent payment must be determined by this formula:

Next payment = (CE - CV) / Y

where CE is the current closure cost estimate, CV is the

current value of the trust fund and Y is the number of years

remaining in the pay-in period.

The owner or operator may accelerate payments into the trust fund or may

deposit the full amount of the current closure cost estimate at the time the

fund is established. However, the owner or operator shall maintain the

value of the fund at no less than the value that the fund would have if

annual payments were made as specified in subsection (a)(3), above.

If the owner or operator establishes a closure trust fund after having used

one or more alternate mechanisms specified in this Section, the owner or

operator's first payment must be in at least the amount that the fund would

contain if the trust fund were established initially and annual payments

made as specified in subsection (a)(3), above.

After the pay-in period is completed, whenever the current closure cost

estimate changes, the owner or operator shall compare the new estimate

with the trustee's most recent annual valuation of the trust fund. If the

value of the fund is less than the amount of the new estimate, the owner or

operator, within 60 days after the change in the cost estimate, shall either

deposit an amount into the fund so that its value after this deposit at least

equals the amount of the current closure cost estimate, or obtain other

financial assurance as specified in this Section to cover the difference.

If the value of the trust fund is greater than the total amount of the current

113

closure cost estimate, the owner or operator may submit a written request

to the Agency for release of the amount in excess of the current closure

cost estimate.

If an owner or operator substitutes other financial assurance as specified in

this Section for all or part of the trust fund, the owner or operator may

submit a written request to the Agency for release of the amount in excess

of the current closure cost estimate covered by the trust fund.

Within 60 days after receiving a request from the owner or operator for

release of funds as specified in subsections (a)(7) or (a)(8), above, the

Agency shall instruct the trustee to release to the owner or operator such

funds as the Agency specifies in writing.

10)

After beginning partial or final closure, an owner or operator or another

person authorized to conduct partial or final closure may request

reimbursement for closure expenditures by submitting itemized bills to the

Agency. The owner or operator may request reimbursement for partial

closure only if sufficient funds are remaining in the trust fund to cover the

maximum costs of closing the facility over its remaining operating life.

Within 60 days after receiving bills for partial or final closure activities,

the Agency shall instruct the trustee to make reimbursement in those

amounts as the Agency specifies in writing if the Agency determines that

the partial or final closure expenditures are in accordance with the

approved closure plan, or otherwise justified. If the Agency determines

that the maximum cost of closure over the remaining life of the facility

will be significantly greater than the value of the trust fund, it shall

withhold reimbursement of such amounts as it deems prudent until it

determines, in accordance with subsection (h), below, that the owner or

operator is no longer required to maintain financial assurance for final

closure of the facility. If the Agency does not instruct the trustee to make

such reimbursements, the Agency shall provide the owner or operator a

detailed written statement of reasons.

11)

The Agency shall agree to termination of the trust when:

An owner or operator substitutes alternate financial assurance as

specified in this Section; or

The Agency releases the owner or operator from the requirements

of this Section in accordance with subsection (h), below.

Surety bond guaranteeing payment into a closure trust fund.

114

An owner or operator may satisfy the requirements of this Section by

obtaining a surety bond which conforms to the requirements of this

subsection and submitting the bond to the Agency. The surety company

issuing the bond must, at a minimum, be among those listed as acceptable

sureties on Federal bonds in Circular 570 of the U.S. Department of the

Treasury.

The wording of the surety bond must be as specified in 35 Ill. Adm. Code

724.251.

The owner or operator who uses a surety bond to satisfy the requirements

of this Section shall also establish a standby trust fund. Under the terms

of the bond, all payments made thereunder will be deposited by the surety

directly into the standby trust fund in accordance with instructions from

the Agency. This standby trust fund must meet the requirements specified

in subsection (a), above except that:

An original, signed duplicate of the trust agreement must be

submitted to the Agency with the surety bond; and

Until the standby trust fund is funded pursuant to the requirements

of this Section, the following are not required by these regulations:

Payments into the trust fund as specified in subsection (a);

ii)

Updating of Schedule A of the trust agreement (see 40 CFR

264.251(a)) to show current closure cost estimates;

iii)

Annual valuations as required by the trust agreement; and

iv)

Notices of nonpayment as required by the trust agreement.

The bond must guarantee that the owner or operator will:

Fund the standby trust fund in an amount equal to the penal sum of

the bond before the beginning of final closure of the facility; or

Fund the standby trust fund in an amount equal to the penal sum

within 15 days after an order to begin final closure is issued by the

Board or a U.S. district court or other court of competent

jurisdiction; or

Provide alternate financial assurance as specified in this Section,

and obtain the Agency's written approval of the assurance

115

provided, within 90 days after receipt by both the owner or

operator and the Agency of a notice of cancellation of the bond

from the surety.

Under the terms of the bond, the surety will become liable on the bond

obligation when the owner or operator fails to perform as guaranteed by

the bond.

The penal sum of the bond must be in an amount at least equal to the

current closure cost estimate, except as provided in subsection (f), below.

Whenever the current closure cost estimate increases to an amount greater

than the penal sum, the owner or operator, within 60 days after the

increase, shall either cause the penal sum to be increased to an amount at

least equal to the current closure cost estimate and submit evidence of

such increase to the Agency, or obtain other financial assurance as

specified in this Section to cover the increase. Whenever the current

closure cost estimate decreases, the penal sum may be reduced to the

amount of the current closure cost estimate following written approval by

the Agency.

Under the terms of the bond, the surety may cancel the bond by sending

notice of cancellation by certified mail to the owner or operator and to the

Agency. Cancellation may not occur, however, during the 120 days

beginning on the date of receipt of the notice of cancellation by both the

owner or operator and the Agency, as evidenced by the return receipts.

The owner or operator may cancel the bond if the Agency has given prior

written consent based on its receipt of evidence of alternate financial

assurance as specified in this Section.

Closure letter of credit.

An owner or operator may satisfy the requirements of this Section by

obtaining an irrevocable standby letter of credit which conforms to the

requirements of this subsection and submitting the letter to the Agency.

The issuing institution must be an entity which has the authority to issue

letters of credit and whose letter-of-credit operations are regulated and

examined by a Federal or State agency.

The wording of the letter of credit must be as specified in 35 Ill. Adm.

Code 724.251.

An owner or operator who uses a letter of credit to satisfy the

116

requirements of this Section shall also establish a standby trust fund.

Under the terms of the letter of credit, all amounts paid pursuant to a draft

by the Agency will be deposited by the issuing institution directly into the

standby trust fund in accordance with instructions from the Agency. This

standby trust fund must meet the requirements of the trust fund specified

in subsection (a), above, except that:

An original, signed duplicate of the trust agreement must be

submitted to the Agency with the letter of credit; and

Unless the standby trust fund is funded pursuant to the

requirements of this Section, the following are not required by

these regulations.

Payments into the trust fund as specified in subsection (a),

above;

ii)

Updating of Schedule A of the trust agreement (as specified

in 35 Ill. Adm. Code 724.251) to show current closure cost

estimates;

iii)

Annual valuations as required by the trust agreement; and

iv)

Notices of nonpayment as required by the trust agreement.

The letter of credit must be accompanied by a letter from the owner or

operator referring to the letter of credit by number, issuing institution, and

date and providing the following information: the EPA Identification

Number, name and address of the facility, and the amount of funds assured

for closure of the facility by the letter of credit.

The letter of credit must be irrevocable and issued for a period of at least 1

year. The letter of credit must provide that the expiration date will be

automatically extended for a period of at least 1 year unless, at least 120

days before the current expiration date, the issuing institution notifies both

the owner or operator and the Agency by certified mail of a decision not to

extend the expiration date. Under the terms of the letter of credit, the 120

days will begin on the date when both the owner or operator and the

Agency have received the notice, as evidenced by the return receipts.

The letter of credit must be issued in an amount at least equal to the

current closure cost estimate, except as provided in subsection (f), below.

Whenever the current closure cost estimate increases to an amount greater

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than the amount of the credit, the owner or operator, within 60 days after

the increase, shall either cause the amount of the credit to be increased so

that it at least equals the current closure cost estimate and submit evidence

of such increase to the Agency, or obtain other financial assurance as

specified in this Section to cover the increase. Whenever the current

closure cost estimate decreases, the amount of the credit may be reduced

to the amount of the current closure cost estimate following written

approval by the Agency.

Following a final judicial determination or Board order finding that the

owner or operator has failed to perform final closure in accordance with

the approved closure plan when required to do so, the Agency may draw

on the letter of credit.

If the owner or operator does not establish alternate financial assurance as

specified in this Section and obtain written approval of such alternate

assurance from the Agency within 90 days after receipt by both the owner

or operator and the Agency of a notice from issuing institution that it has

decided not to extend the letter of credit beyond the current expiration

date, the Agency shall draw on the letter of credit. The Agency may delay

the drawing if the issuing institution grants an extension of the term of the

credit. During the last 30 days of any such extension the Agency shall

draw on the letter of credit if the owner or operator has failed to provide

alternate financial assurance as specified in this Section and obtain written

approval of such assurance from the Agency.

10)

The Agency shall return the letter of credit to the issuing institution for

termination when:

An owner or operator substitutes alternate financial assurance as

specified in this Section; or

The Agency releases the owner or operator from the requirements

of this Section in accordance with subsection (h), below.

Closure insurance.

An owner or operator may satisfy the requirements of this Section by

obtaining closure insurance which conforms to the requirements of this

subsection and submitting a certificate of such insurance to the Agency.

At a minimum, the insurer must be licensed to transact the business of

insurance, or eligible to provide insurance as an excess or surplus lines

insurer, in one or more States.

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The wording of the certificate of insurance must be as specified in 35 Ill.

Adm. Code 724.251.

The closure insurance policy must be issued for a face amount at least

equal to the current closure cost estimate, except as provided in subsection

(f), below. The term "face amount" means the total amount the insurer is

obligated to pay under the policy. Actual payments by the insurer will not

change the face amount, although the insurer's future liability will be

lowered by the amount of the payments.

The closure insurance policy must guarantee that funds will be available

to close the facility whenever final closure occurs. The policy must also

guarantee that, once final closure begins, the insurer will be responsible

for paying out funds, up to an amount equal to the face amount of the

policy, upon the direction of the Agency to such party or parties as the

Agency specifies.

After beginning partial or final closure, an owner or operator or any other

person authorized to conduct closure may request reimbursement for

closure expenditures by submitting itemized bills to the Agency. The

owner or operator may request reimbursement for partial closure only if

the remaining value of the policy is sufficient to cover the maximum costs

of closing the facility over its remaining operating life. Within 60 days

after receiving bills for closure activities, the Agency shall instruct the

insurer to make reimbursement in such amounts as the Agency specifies in

writing if the Agency determines that the partial or final closure

expenditures are in accordance with the approved closure plan or

otherwise justified. If the Agency determines that the maximum cost of

closure over the remaining life of the facility will be significantly greater

than the face amount of the policy, it shall withhold reimbursement of

such amounts as it deems prudent until it determines, in accordance with

subsection (h), below, that the owner or operator is no longer required to

maintain financial assurance for final closure of the particular facility. If

the Agency does not instruct the insurer to make such reimbursements, the

Agency shall provide the owner or operator with a detailed written

statement of reasons.

The owner or operator shall maintain the policy in full force and effect

until the Agency consents to termination of the policy by the owner or

operator as specified in subsection (d)(10), below. Failure to pay the

premium, without substitution of alternate financial assurance as specified

in this Section, will constitute a significant violation of these regulations,

warranting such remedy as the Board may impose pursuant to the

Environmental Protection Act. Such violation will be deemed to begin

119

upon receipt by the Agency of a notice of future cancellation, termination

or failure to renew due to nonpayment of the premium, rather than upon

the date of expiration.

Each policy must contain a provision allowing assignment of the policy to

a successor owner or operator. Such assignment may be conditional upon

consent of the insurer, provided such consent is not unreasonably refused.

The policy must provide that the insurer may not cancel, terminate or fail

to renew the policy except for failure to pay the premium. The automatic

renewal of the policy must, at a minimum, provide the insured with the

option of renewal at the face amount of the expiring policy. If there is a

failure to pay the premium, the insurer may elect to cancel, terminate or

fail to renew the policy by sending notice by certified mail to the owner or

operator and the Agency. Cancellation, termination or failure to renew

may not occur, however, during the 120 days beginning with the date of

receipt of the notice by both the Agency and the owner or operator, as

evidenced by the return receipts. Cancellation, termination or failure to

renew may not occur and the policy will remain in full force and effect in

the event that on or before the date of expiration:

The Agency deems the facility abandoned; or

Interim status is terminated or revoked; or

Closure is ordered by the Board or a U.S. district court or other

court of competent jurisdiction; or

The owner or operator is named as debtor in a voluntary or

involuntary proceeding under 11 U.S.C. (Bankruptcy); or

The premium due is paid.

Whenever the current closure cost estimate increases to an amount greater

than the face amount of the policy, the owner or operator, within 60 days

after the increase, shall either cause the face amount to be increased to an

amount at least equal to the current closure cost estimate and submit

evidence of such increase to the Agency, or obtain other financial

assurance as specified in this Section to cover the increase. Whenever the

current closure cost estimate decreases, the face amount may be reduced

to the amount of the current closure cost estimate following written

approval by the Agency.

10)

The Agency shall give written consent to the owner or operator that the

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owner or operator may terminate the insurance policy when:

An owner or operator substitutes alternate financial assurance as

specified in this Section; or

The Agency releases the owner or operator from the requirements

of this Section in accordance with subsection (h) below.

Financial test and corporate guarantee for closure.

An owner or operator may satisfy the requirements of this Section by

demonstrating that the owner or operator passes a financial test as

specified in this subsection. To pass this test the owner or operator shall

meet the criteria of either subsection (e)(1)(A) or (e)(1)(B), below:

The owner or operator shall have:

Two of the following three ratios: a ratio of total liabilities

to net worth less than 2.0; a ratio of the sum of net income

plus depreciation, depletion and amortization to total

liabilities greater than 0.1; and a ratio of current assets to

current liabilities greater than 1.5; and

ii)

Net working capital and tangible net worth each at least six

times the sum of the current closure and post-closure cost

estimates and the current plugging and abandonment cost

estimates; and

iii)

Tangible net worth of at least $10 million; and

iv)

Assests located in the United States amounting to at least

90 percent of total assets or at least six times the sum of the

current closure and post-closure cost estimates and the

current plugging and abandonment cost estimates.

The owner or operator shall have:

A current rating for its most recent bond issuance of AAA,

AA, A or BBB as issued by Standard and Poor's or Aaa,

Aa, A or Baa as issued by Moody's; and

ii)

Tangible net worth at least six times the sum of the current

closure and post-closure cost estimates and the current

plugging and abandonment cost estimates; and

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iii)

Tangible net worth of at least $10 million; and

iv)

Assets located in the United States amounting to at least 90

percent of total assets or at least six times the sum of the

current closure and post-closure cost estimates and the

current plugging and abandonment cost estimates.

The phrase "current closure and post-closure cost estimates" as used in

subsection (e)(1), above, refers to the cost estimates required to be shown

in subsections 1 through 4 of the letter from the owner's or operator's chief

financial officer (40 CFR 264.151(f)) (incorporated by reference in 35 Ill.

Adm. Code 724.251). The phrase "current plugging and abandonment

cost estimates" as used in subsection (e)(1), above, refers to the cost

estimates required to be shown in subsections 1 through 4 of the letter

from the owner's or operator's chief financial officer (40 CFR 144.70(f)),

incorporated by reference in 35 Ill. Adm. Code 704.240.

To demonstrate that the owner or operator meets this test, the owner or

operator shall submit the following items to the Agency:

A letter signed by the owner's or operator's chief financial officer

and worded as specified in 35 Ill. Adm. Code 724.251; and

A copy of the independent certified public accountant's report on

examination of the owner's or operator's financial statements for

the latest completed fiscal year; and

A special report from the owner's or operator's independent

certified public accountant to the owner or operator stating that:

The accountant has compared the data which the letter from

the chief financial officer specifies as having been derived

from the independently audited, year-end financial

statements for the latest fiscal year with the amounts in

such financial statements; and

ii)

In connection with that procedure, no matters came to the

accountant's attention which caused the accountant to

believe that the specified data should be adjusted.

After the initial submission of items specified in subsection (e)(3), above,

the owner or operator shall send updated information to the Agency within

90 days after the close of each succeeding fiscal year. This information

122

must consist of all three items specified in subsection (e)(3), above.

If the owner or operator no longer meets the requirements of subsection

(e)(1), above,, the owner or operator shall send notice to the Agency of

intent to establish alternate financial assurance as specified in this Section.

The notice must be sent by certified mail within 90 days after the end of

the fiscal year for which the year-end financial data show that the owner

or operator no longer meets the requirements. The owner or operator shall

provide the alternate financial assurance within 120 days after the end of

such fiscal year.

The Agency may, based on a reasonable belief that the owner or operator

may no longer meet the requirements of subsection (e)(1), above,, require

reports or financial condition at any time from the owner or operator in

addition to those specified in subsection (e)(3), above. If the Agency

finds, on the basis of such reports or other information, that the owner or

operator no longer meets the requirements of subsection (e)(1), above, the

owner or operator shall provide alternate financial assurance as specified

in this Section within 30 days after notification of such a finding.

The Agency may disallow use of this test on the basis of qualifications in

the opinion expressed by the independent certified public accountant in

the accountant's report on examination of the owner's or operator's

financial statements (see subsection (e)(3)(B), above). An adverse

opinion or a disclaimer of opinion will be cause for disallowance. The

Agency shall evaluate other qualifications on an individual basis. The

owner or operator shall provide alternate financial assurance as specified

in this Section within 30 days after notification of the disallowance.

The owner or operator is no longer required to submit the items specified

in subsection (e)(3), above, when:

An owner or operator substitutes alternate financial assurance as

specified in this Section; or

The Agency releases the owner or operator from the requirements

of this Section in accordance with subsection (h), below.

10)

An owner or operator may meet the requirements of this Section by

obtaining a written guarantee, hereafter referred to as "corporate

guarantee." The guarantor shall be the direct or higher-tier parent

corporation of the owner or operator, a firm whose parent corporation is

also the parent corporation of the owner or opeartor, or a firm with a

"substantial business relationship" with the owner or operator. The

123

guarantor shall meet the requirements for owners or operators in

subsections (e)(1) through (e)(8), above, and shall comply with the terms

of the corporate guarantee. The wording of the corporate guarantee must

be identical to the wording specified in 35 Ill. Adm. Code 724.251. The

corporate guarantee must accompany the items sent to the Agency as

specified in subsection (e)(3), above. One of these items must be the letter

from the guarantor's chief financial officer. If the guarantor's parent

corporation is also the parent corporation of the owner or operator, the

letter must describe the value received in consideration of the guarantee.

If the guarantor is a firm with a "substantial business relationship" with

the owner or operator, this letter must describe this substantial business

relationship" and the value received in consideration of the guarantee.

The terms of the corporate guarantee must provide that:

If the owner or operator fails to perform final closure of a facility

covered by the corporate guarantee in accordance with the closure

plan and other interim status requirements whenever required to do

so, the guarantor will do so or establish a trust fund as specified in

subsection (a), above, in the name of the owner or operator.

The corporate guarantee will remain in force unless the guarantor

sends notice of cancellation by certified mail to the owner or

operator and to the Agency. Cancellation may not occur, however,

during the 120 days beginning on the date of receipt of the notice

of cancellation by both the owner or operator and the Agency, as

evidenced by the return receipts.

If the owner or operator fails to provide alternate financial

assurance as specified in this Section and obtain the written

approval of such alternate assurance from the Agency within 90

days after receipt by both the owner or operator and the Agency of

a notice of cancellation of the corporate guarantee from the

guarantor, the guarantor will provide such alternate financial

assurance in the name of the owner or operator.

Use of multiple financial mechanisms. An owner or operator may satisfy the

requirements of this Section by establishing more than one financial mechanism

per facility. These mechanisms are limited to trust funds, surety bonds, letters of

credit and insurance. The mechanisms must be as specified in subsections (a)

through (d), above, respectively, except that it is the combination of mechanisms,

rather than the single mechanism, which must provide financial assurance for an

amount at least equal to the current closure cost estimate. If an owner or operator

uses a trust fund in combination with a surety bond or a letter of credit, the owner

or operator may use the trust fund as the standby trust fund for the other

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mechanisms. A single standby trust fund may be established for two or more

mechanisms. The Agency may use any or all of the mechanisms to provide for

closure of the facility.

Use of a financial mechanism for multiple facilities. An owner or operator may

use a financial assurance mechanism specified in this Section to meet the

requirements of this Section for more than one facility. Evidence of financial

assurance submitted to the Agency must include a list showing, for each facility,

the EPA Identification Number, name, address and the amount of funds for

closure assured by the mechanism. The amount of funds available through the

mechanism must be no less than the sum of funds that would be available if a

separate mechanism had been established and maintained for each facility. The

amount of funds available to the Agency must be sufficient to close all of the

owner or operator's facilities. In directing funds available through the mechanism

for closure of any of the facilities covered by the mechanism, the Agency may

direct only the amount of funds designated for that facility, unless the owner or

operator agrees to the use of additional funds available under the mechanism.

Release of the owner or operator from the requirements of this Section. Within

60 days after receiving certifications from the owner or operator and an

independent registered professional engineer that final closure has been

completed in accordance with the approved closure plan, the Agency shall notify

the owner or operator in writing that the owner or operator is no longer required

by this Section to maintain financial assurance for closure of the facility, unless

the Agency determines that closure has not been in accordance with the approved

closure plan. The Agency shall provide the owner or operator a detailed written

statement of any such determination that closure has not been in accordance with

the approved closure plan.

ji)

Appeal. The following Agency actions are deemed to be permit modifications or

refusals to modify for purposes of appeal to the Board (35 Ill. Adm. Code

702.184(e)(3)):

An increase in, or a refusal to decrease the amount of, a bond, letter of

credit or insurance;

Requiring alternate assurance upon a finding that an owner or operator, or

parent corporation, no longer meets a financial test.

(Source: Amended at 18 Ill. Reg. _________, effective ______________________)

SUBPART W: DRIP PADS

125

Section 725.543

Design and operating requirements

Drip pads must:

Not be constructed of earthen materials, wood or asphalt, unless the

asphalt is structurally supported;

Be sloped to free-drain to the associated collection system treated wood

drippage, rain, other waters, or solutions of drippage and water or other

wastes;

Have a curb or berm around the perimeter;

In addition, the drip pad must:

Have a hydralic conductivity of less than or equal to 1 X 10

-7

centimeters per second, e.g., existing concrete drip pads must be

sealed, coated, or covered with a surface material with a hydraulic

conductivity of less than or equal to 1 X 10

-7

centimeters per

second such that the entire surface where drippage occurs or may

run across is capable of containing such drippage and mixtures of

drippage and precipitation, materials or other wastes while being

routed to an associated collection system. This surface material

must be maintained free of cracks and gaps that could adversely

affect its hydraulic conductivity, and the material must be

chemically compatible with the preservatives that contact the drip

pad. The requirements of this provision apply only to the existing

drip pads and those drip pads for which the owner or operator

elects to comply with Section 725.542(a) instead of Section

725.542(b).

The owner or operator must obtain and keep on file at the facility a

written assessment of the drip pad, reviewed and certififed by an

independant qualified registered professional engineer that attests

to the results of the evaluation. The assessment must be reviewed,

updated and recertififed annually. The evaluation must document

the extent to which the drip pad meets the design and operating

standards of this Section, except for in subsection (b) below.

Be of sufficient structural strength and thickness to prevent failure due to

physical contact, climatic conditions, the stress of installation and the

stress of daily operations, e.g., variable and moving loads such as vehicle

126

traffic, movement of wood, etc.

BOARD NOTE: In judging the structural integrity requirement of this

subsection, the Agency should generally consider applicable standards

established by professional organizations generally recognized by the

industry, including ACI 318 or ASTM C94, incorporated by reference in

35 Ill. Adm. Code 720.111.

If an owner or operator elects to comply with subsection 725.542(b) instead of

subsection 725.542(a), the drip pad must have:

A synthetic liner installed below the drip pad that is designed, constructed

and installed to prevent leakage from the drip pad into the adjacent

subsurface soil or groundwater or surface water at any time during the

active life (including the closure period) of the drip pad. The liner must

be constructed of materials that will prevent waste from being absorbed

into the liner and to prevent releases into the adjacent subsurface soil or

groundwater or surface water during the active life of the facility. The

liner must be:

Constructed of materials that have appropriate chemical properties

and sufficient strength and thickness to prevent failure due to

pressure gradients (including static head and external

hydrogeologic forces), physical contact with the waste or drip pad

leakage to which they are exposed, climatic conditions, the stress

of installation and the stress of daily operation (including stresses

from vehicular traffic on the drip pad);

Placed upon a foundation or base capable of providing support to

the liner and resistance to pressure gradients above and below the

liner to prevent failure of the liner due to settlement, compression

or uplift; and

Installed to cover all surrounding earth that could come in contact

with the waste or leakage; and

A leakage detection system immediately above the liner that is designed,

constructed, maintained and operated to detect leakage from the drip pad.

The leakage detection system must be:

Constructed of materials that are:

Chemically resistant to the waste managed in the drip pad

and the leakage that might be generated; and

127

ii)

Of sufficient strength and thickness to prevent collapse

under the pressures exerted by overlaying materials and by

any equipment used at the drip pad; and

Designed and operated to function without clogging through the

scheduled closure of the drip pad; and

Designed so that it will detect the failure of the drip pad or the

presence of a release of hazardous waste or accumulated liquid at

the earliest practicable time.

A leakingage collection system immediately above the liner that is

designed, constructed, maintained and operated to collect leakage from the

drip pad such that it can be removed from below the drip pad. The date,

time, and quanity of any leakage collected in this system and removed

must be documented in the operating log.

The drip pad surface must be cleaned thoroughly in a manner and

frequency such that accumulated residues of hazardous waste or

other materials are removed, with residues being propoerly

managed as to allow weekly inspections of the entire drip pad

surface without interference ofr hindrance from accumulated

residues of hazardous waste or other materials on the drip pad.

The owner or operator must document the date and time of each

cleaning and cleaning procedure used in the facility's operating

log.

The Federal rules do not contain a 40 CFR 265.443(b)(3)(ii). This

subsection is added to conform to Illinois Administrative Code

requirements.

Drip pads must be maintained such that they remain free of cracks, gaps,

corrosion or other deterioration that could cause hazardous waste to be released

from the drip pad.

BOARD NOTE: See subsection (m) below for remedial action required if

deterioration or leakage is detected.

The drip pad and associated collection system must be designed and operated to

convey, drain and collect liquid resulting from drippage or precipitation in order

to prevent run-off.

Unless the drip pad is protected by a structure, as described in Section 725.540(b),

128

the owner or operator shall design, construct, operate and maintain a run-on

control system capable of preventing flow onto the drip pad during peak

discharge from at least a 24-hour, 25-year storm, unless the system has sufficient

excess capacity to contain any run-on that might enter the system.

Unless the drip pad is protected by a structure or cover, as described in Section

725.540(b), the owner or operator shall design, construct, operate and maintain a

run-off management system to collect and control at least the water volume

resulting from a 24-hour, 25-year storm.

The drip pad must be evaluated to determine that it meets the requirements of

subsections (a) through (f), above.

The owner or operator shall obtain a statement

from an independent, qualified, registered professional engineer certifying that

the drip pad design meets the requirements of this Section.

Drippage and accumulated precipitation must be removed from the associated

collection system as necessary to prevent overflow onto the drip pad.

The drip pad surface must be cleaned thoroughly at least once every seven days

such that accumulated residues of hazardous waste or other materials are

removed, using an appropriate and effective cleaning technique, including but not

limited to, rinsing, washing with detergents or other appropriate solvents, or

steam cleaning.

The owner or operator shall document, in the facility's operating

log, the date and time of each cleaning and the cleaning procedure.

Drip pads must be operated and maintained in a manner to minimize tracking of

hazardous waste or hazardous waste constituents off the drip pad as a result of

activities by personnel or equipment.

After being removed from the treatment vessel, treated wood from pressure and

non-pressure processes must be held on the drip pad until drippage has ceased.

The owner or operator shall maintain records sufficient to document that all

treated wood is held on the pad, in accordance with this Section, following

treatment.

Collection and holding units associated with run-on and run-off control systems

must be emptied or otherwise managed as soon as possible after storms to

maintain design capacity of the system.

Throughout the active life of the drip pad, if the owner or operator detects a

condition that may have caused or has caused a release of hazardous waste, the

condition must be repaired within a reasonably prompt period of time following

discovery, in accordance with the following procedures:

129

Upon detection of a condition that may have caused or has caused a

release of hazardous waste (e.g., upon detection of leakage in the leak

detection system), the owner or operator shall:

Enter a record of the discovery in the facility operating log;

Immediately remove from service the portion of the drip pad

affected by the condition;

Determine what steps must be taken to repair the drip pad, clean up

any leakage from below the drip pad, and establish a schedule for

accomplishing the clean up and repairs;

Within 24 hours after discovery of the condition, notify the

Agency of the condition and, within 10 working days, provide

written notice to the Agency with a description of the steps that

will be taken to repair the drip pad and clean up any leakage, and

the schedule for accomplishing this work.

The Agency shall: review the information submitted; make a

determination regarding whether the pad must be removed from service

completely or partially until repairs and clean up are complete; and notify

the owner or operator of the determination and the underlying rationale in

writing.

Upon completing all repairs and clean up, the owner or operator shall

notify the Agency in writing and provide a certification, signed by an

independent, qualified, registered professional engineer, that the repairs

and clean up have been completed according to the written plan submitted

in accordance with subsection (m)(1)(D) above.

The owner or operator shall maintain, as part of the facility operating log,

documentation of past operating and waste handling practices. This must include

identification of preservative formulations used in the past, a description of

drippage management practices and a description of treated wood storage and

handling practices.

(Source: Amended at _____ Ill. Reg. _________, effective ____________________)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

130

PART 728

LAND DISPOSAL RESTRICTIONS

SUBPART A: GENERAL

Section

728.101

Purpose, Scope and Applicability

728.102

Definitions

728.103

Dilution Prohibited as a Substitute for Treatment

728.104

Treatment Surface Impoundment Exemption

728.105

Procedures for case-by-case Extensions to an Effective Date

728.106

Petitions to Allow Land Disposal of a Waste Prohibited under Subpart C

728.107

Waste Analysis and Recordkeeping

728.108

Landfill and Surface Impoundment Disposal Restrictions (Repealed)

728.109

Special Rules for Characteristic Wastes

SUBPART B: SCHEDULE FOR LAND DISPOSAL PROHIBITION

AND ESTABLISHMENT OF TREATMENT STANDARDS

Section

728.110

First Third

728.111

Second Third

728.112

Third Third

728.113

Newly Listed Wastes

728.114

Surface Impoundment exemptions

SUBPART C: PROHIBITION ON LAND DISPOSAL

Section

728.130

Waste Specific Prohibitions -- Solvent Wastes

728.131

Waste Specific Prohibitions -- Dioxin-Containing Wastes

728.132

Waste Specific Prohibitions -- California List Wastes

728.133

Waste Specific Prohibitions -- First Third Wastes

728.134

Waste Specific Prohibitions -- Second Third Wastes

728.135

Waste Specific Prohibitions -- Third Third Wastes

728.136

Waste Specific Prohibitions -- Newly Listed Wastes

728.137

Waste Specific Prohibitions -- Ignitable and Corrosive Characteristic Wastes

Whose Treatment Standards Were Vacated

728.139

Statutory Prohibitions

SUBPART D: TREATMENT STANDARDS

Section

728.140

Applicability of Treatment Standards

728.141

Treatment Standards eExpressed as Concentrations in Waste Extract

728.142

Treatment Standards eExpressed

as Specified Technologies

728.143

Treatment Standards expressed as Waste Concentrations

131

728.144

Adjustment of Treatment Standard

728.145

Treatment Standards for Hazardous Debris

728.146

Alternative Treatment Standards bBased on HTMR

SUBPART E: PROHIBITIONS ON STORAGE

Section

728.150

Prohibitions on Storage of Restricted Wastes

728.Appendix A

Toxicity Characteristic Leaching Procedure (TCLP)

728.Appendix B

Treatment Standards (As concentrations in the Treatment Residual

Extract)

728.Appendix C

List of Halogenated Organic Compounds

728.Appendix D

Organometallic Lab Packs

728.Appendix E

Organic Lab Packs

728.Appendix F

Technologies to Achieve Deactivation of Characteristics

728.Appendix G

Federal Effective Dates

728.Appendix H

National Capacity LDR Variances for UIC Wastes

728.Appendix I

EP Toxicity Test Method and Structural Integrity Test

728.Table A Constituent Concentrations in Waste Extract (CCWE)

728.Table B Constituent Concentrations in Wastes (CCW)

728.Table C Technology Codes and Description of Technology-Based Standards

728.Table D Technology-Based Standards by RCRA Waste Code

728.Table E Standards for Radioactive Mixed Waste

728.Table F Alternative Treatment Standards for Hazardous Debris

728.Table G Alternative Treatment Standards Based on HMTR

728.Table H

Wastes Excluded from CCW Treatment Standards

AUTHORITY: Implementing Section 22.4 and authorized by Section 27 of the Environmental

Protection Act (Ill. Rev. Stat. 1991, ch. 1112, pars. 1022.4 and 1027 [415 ILCS 5/22.4 and

5/27]).

SOURCE: Adopted in R87-5 at 11 Ill. Reg. 19354, effective November 12, 1987; amended in

R87-39 at 12 Ill. Reg. 13046, effective July 29, 1988; amended in R89-1 at 13 Ill. Reg. 18403,

effective November 13, 1989; amended in R89-9 at 14 Ill. Reg. 6232, effective April 16, 1990;

amended in R90-2 at 14 Ill. Reg. 14470, effective August 22, 1990; amended in R90-10 at 14 Ill.

Reg. 16508, effective September 25, 1990; amended in R90-11 at 15 Ill. Reg. 9462, effective

June 17, 1991; amended in R92-10 at 17 Ill. Reg. 5727, effective March 26, 1993; amended in

R93-4 at 18 Ill. Reg. 20692, effective November 22, 1993; amended in R93-16 at 18 Ill. Reg.

_________, effective ____________________.

SUBPART A: GENERAL

Section 728.102 Definitions

132

When used in this Part the following terms have the meanings given below. All other terms have

the meanings given under 35 Ill. Adm. Code 702.110, 720.102 or 721.103.

"Agency" means the Illinois Environmental Protection Agency.

"Board" means the Illinois Pollution Control Board.

"CERCLA" means the Comprehensive Environmental Response, Compensation,

and Liability Act of 1980 (42 U.S.C. 9601 et seq.)

"Debris" means solid material exceeding a 60 mm particle size that is intended for

disposal and that is: A manufactured object; or plant or animal matter; or natural

geologic material. However, the following materials are not debris: Any material

for which a specific treatment standard is provided in 728.Subpart D; Process

residuals such as smelter slag and residues from the treatment of waste,

wastewater, sludges, or air emission residues; and intact containers of hazardous

waste that are not ruptured and that retain at least 75% of their original volume.

A mixture of debris that has not been treated to the standards provided by Section

728.145 of this Part and other material is subject to regulation as debris if the

mixture is comprised primarily of debris, by volume, based on visual inspection.

"Halogenated organic compounds" or "HOCs" means those compounds having a

carbon-halogen bond which are listed under Section 728.Appendix C.

"Hazardous constituent or constituents" means those constituents listed in 35 Ill.

Adm. Code 721.Appendix H.

"Hazardous debris" means debris that contains a hazardous waste listed in 35 Ill.

Adm. Code 721.Subpart D, or that exhibits a characteristic of hazardous waste

identified in 35 Ill. Adm. Code 721.Subpart C.

Inorganic Solid Debris are nonfriable inorganic solids that are incapable of

passing through a 9.5 mm standard sieve, and that require cutting, or crushing and

grinding, in mechanical sizing equipment prior to stabilization, limited to the

following inorganic or metal materials:

Metal slags (either dross or scoria).

Glassified slag.

Glass.

Concrete (excluding cementitious or pozzolanic stabilized hazardous

133

wastes).

Masonry and refractory bricks.

Metal cans, containers, drums or tanks.

Metal nuts, bolts, pipes, pumps, valves, appliances or industrial

equipment.

Scrap metal as defined in 35 Ill. Adm. Code 721.101(c)(6).

"Land disposal" means placement in or on the land, except in a corrective action

management unit, and includes, but is not limited to, placement in a landfill,

surface impoundment, waste pile, injection well, land treatment facility, salt dome

formation, salt bed formation, underground mine or cave, or placement in a

concrete vault or bunker intended for disposal purposes.

"Nonwastewaters" are wastes that do not meet the criteria for "wastewaters" in

this Section.

"Polychlorinated biphenyls" or "PCBs" are halogenated organic compounds

defined in accordance with 40 CFR 761.3, incorporated by reference in 35 Ill.

Adm. Code 720.111

"ppm" means parts per million.

"RCRA corrective action" means corrective action taken under 35 Ill. Adm. Code

724.200 or 725.193, 40 CFR 264.100 or 265.93 (1987), or similar regulations in

other States with RCRA programs authorized by U.S.

EPA pursuant to 40 CFR

271 (1989).

"Underlying hazardous constituent" means any regulated constituent present at

levels above the F039 constituent-specific treatment standard at the point of

generation of the hazardous waste.

"U.S. EPA" or

"USEPA" means the United States Environmental Protection

Agency.

"Wastewaters" are wastes that contain less than 1% by weight total organic

carbon (TOC) and less than 1% by weight total suspended solids (TSS), with the

following exceptions:

F001, F002, F003, F004, F005 solvent-water mixtures that contain less

than 1% by weight TOC or less than 1% by weight total F001, F002,

134

F003, F004, F005 solvent constituents listed in Table A.

K011, K013, K014 wastewaters (as generated) that contain less than 5%

by weight TOC and less than 1% by weight TSS.

K103 and K104 wastewaters that contain less than 4% by weight TOC and

less than 1% by weight TSS.

(Source: Amended at 18 Ill. Reg. _________, effective ____________________)

Section 728.107

Waste Analysis and Recordkeeping

Except as specified in Section 728.132, where a generator's waste is listed in 35

Ill. Adm. Code 721.Subpart D, the generator shall test hisits waste, or test an

extract using the test method described in 35 Ill. Adm. Code 721.Appendix B, or

use knowledge of the waste, to determine if the waste is restricted from land

disposal under this pPart. Except as specified in Section 728.132, if a generator's

waste exhibits one or more of the characteristics set out at 35 Ill. Adm. Code

721.Subpart C, the generator mustshall test an extract using the test method

described in 40 C.F.R. 268Section 728.Appendix IX (Extraction Procedure (EP)

Toxicity Test Method and Structural Integrity Test (SW-846, Method 1310A)) as

incorporated by reference in 35 Ill. Adm. Code 720.111, or use knowledge of the

waste, to determine if the waste is restricted from land disposal under this pPart.

If the generator determines that hisits waste displays the characteristic of

ignitability (D001) (and is not in the High TOC Ignitable Liquids Subcategory or

is not treated by INCIN, FSUBS, or RORGS of Section 728.Table C of this Part),

or the characteristic or corrosivity (D002), and is prohibited under Section

728.137, the generator mustshall determine what underlying hazardous

constituents (as defined in Section 728.102 of this Part), are reasonably expected

to be present in the D001 or D002 waste.

If a generator determines that the generator is managing a restricted waste

under this Part and determines that the waste does not meet the applicable

treatment standards set forth in Subpart D of this Part or exceeds the

applicable prohibition levels set forth in Section 728.132 or 728.139, with

each shipment of waste the generator shall notify the treatment or storage

facility in writing of the appropriate treatment standard set forth in

Subpart D of this Part and any applicable prohibition levels set forth in

Section 728.132 or 728.139. The notice must include the following

information:

U.S. EPA Hhazardous Wwaste Nnumber;

The corresponding treatment standards for wastes F001- through

135

F005, F039, wastes prohibited pursuant to Section 728.132 or

Section 3004(d) of the Resource Conservation and Recovery Act,

referenced in Section 728.139, and for underlying hazardous

constituents (as defined in Section 728.102 of this Part),in D001

and D002. Treatment standards for all other restricted wastes must

either be included, or be referenced by including on the

notification the applicable wastewater (as defined in Section

728.102(f)) or nonwastewater (as defined in Section 728.102(d))

category, the applicable subcatogory made within a waste code

based on waste-specific criteria (such as D003 reactive cyanides),

and the Section(s) and subsections(s) where the applicable

treatment standard appears. Where the applicable treatment

standards are expressed as specified technologies in Section

728.142, the applicable five-letter treatment code found in Section

728.Table C (e.g., INCIN, WETOX) also must be listed on the

notification.

The manifest number associated with the shipment of waste; and

Waste analysis data, where available. For hazardous debris, the

contaminants subject to treatment as provided by Section

728.145(b) and the following statement: "This hazardous debris is

subject to the alternative treatment standards of 35 Ill. Adm. Code

728.145; and

Waste analysis data, where available.

If a generator determines that the generator is managing a restricted waste

under this Part, and determines that the waste can be land disposed

without further treatment, with each shipment of waste the generator shall

submit, to the treatment, storage or land disposal facility, a notice and a

certification stating that the waste meets the applicable treatment

standards set forth in Subpart D and the applicable prohibition levels set

forth in Section 728.132 or 728.139. Generators of hazardous debris that

is excluded from the definition of hazardous waste under 35 Ill. Adm.

Code 721.103(c), 35 Ill. Adm. Code 728.103(f)(2) and 35 Ill. Adm. Code

720.122 (i.e. debris that is delisted), however are not subject to these

notification and certififcation requirements.

The notice must include the following information:

U.S. EPA Hhazardous Wwaste Nnumber;

ii)

The corresponding treatment standards for wastes F001-

136

through F005, F039 and wastes prohibited pursuant to

Section 728.132 or Section 3004(d) of the Resource

Conservation and Recovery Act, referenced in Section

728.139. Treatment standards for all other restricted

wastes must either be included or referenced as above, or

by including on the notification the subcategory of the

waste, the treatability group(s) of the waste(s)applicable

wastewater or nonwastewater (as defined in Section

728.102) category, the applicable subdivisions made within

a waste code based on waste-specific criteria (such as

D003, reactive cyanides), and the Section and subsection

where the applicable

treatment standards appears. Where

the applicable treatment standards are expressed as

specified technologies in Section 728.142, the applicable

five-letter treatment code found in Section 728.Table

(e.g., INCIN, WETOX) also must be listed on the

notification.

iii)

The manifest number associated with the shipment of

waste;

iv)

Waste analysis data, where available

The certification must be signed by an authorized representative

and must state the following:

I certify under penalty of law that I personally have

examined and am familiar with the waste through analysis

and testing or through knowledge of the waste to support

this certification that the waste complies with the treatment

standards specified in 35 Ill. Adm. Code 728.Subpart D and

all applicable prohibitions set forth in 35 Ill. Adm. Code

728.132, 728.139 or Section 3004(d) of the Resource

Conservation and Recovery Act. I believe that the

information I submitted is true, accurate and complete. I

am aware that there are significant penalties for submitting

a false certification, including the possibility of a fine and

imprisonment.

If a generator's waste is subject to an exemption from a prohibition on the

type of land disposal method utilized for the waste (such as, but not

limited to, a case-by-case extension under Section 728.105, an exemption

under Section 728.106, an extension under Section 728.101(c)(3) or a

nationwide capacity variance under 40 CFR 268.Subpart C (1989), with

137

each shipment of waste, the generator shall submit a notice with the waste

to the facility receiving the generator's waste, stating that the waste is not

prohibited from land disposal. The notice must include the following

information:

U.S. EPA hazardous waste number:

The corresponding treatment standards for wastes F001- through

F005, F039 and wastes prohibited pursuant to Section 728.132 or

Section 3004(d) of the Resource Conservation and Recovery Act,

referenced in Section 728.139. Treatment standards for all other

restricted wastes must either be included or be

referenced as

above, or by including on the notification the subcategory of the

waste, the treatability group(s) of the waste(s), and the Section and

subsection where the applicable treatment standards appears.

Where the applicable treatment standards are expressed as

specified technologies in Section 728.142, the applicable five-

letter treatment code found in Section 728.Table C (e.g., INCIN,

WETOX) also must be listed on the notification.

The manifest number associated with the shipment of

waste;

Waste analysis data, where available;

For hazardous debris, the contaminenets subject to treatment as

provided by Section 728.145(b) and the following statement:

"This hazardous debris is subject to the alternative treatment

standards of 35 Ill. Adm. Code 728.145"; and

The date the waste is subject to the prohibitions.

If a generator is managing a prohibited waste in tanks or containers

regulated under 35 Ill. Adm. Code 722.134, and is treating such waste in

such tanks, containers or containment buildings to meet applicable

treatment standards under Subpart D of this Part, the generator shall

develop and follow a written waste analysis plan which describes the

procedures the generator will carry out to comply with the treatment

standards. The plan must be kept on-site in the generator's records, and

the following requirements must be met:

The waste analysis plan must be based on a detailed chemical and

physical analysis of a representative sample of the prohibited

waste(s) being treated, and contain all information necessary to

138

treat the waste(s) in accordance with the requirements of this Part,

including the selected testing frequency.

Such plan must be filed with the Agency a minimum of 30 days

prior to the treatment activity, with delivery verified.

Wastes shipped off-site pursuant to this subsection must comply

with the notification requirements of Section 728.107(a)(2).

If a generator determines whether the waste is restricted based solely on

the generator's knowledge of the waste, the generator shall retain all

supporting data used to make this determination on-site in the generator's

files. If a generator determines whether the waste is restricted based on

testing the waste or an extract developed using the test method described

in Section 728.Appendix A, the generator shall retain all waste analysis

data on site in the generator's files.

If a generator determines, subsequent to the time of generation, that the

generator is managing a restricted waste which is excluded from the

definition of hazardous or solid waste or exempt from regulation as a

RCRA hazardous waste under 35 Ill. Adm. Code 721.102 through

721.106, the generator shall place, in the facility's file, a one-time notice

stating such generation, subsequent exclusion from the definition of

hazardous or solid waste or exemption from regulation as a RCRA

hazardous waste, and the disposition of the waste.

67)

Generators shall retain on-site a copy of all notices, certifications,

demonstrations, waste analysis data and other documentation produced

pursuant to this Section for at least five years from the date that the waste

that is the subject of such documentation was last sent to on-site or off-site

treatment storage or disposal. The five year record retention period is

automatically extended during the course of any unresolved enforcement

action regarding the regulated activity or as requested by the Agency. The

requirements of this subsection apply to solid wastes even when the

hazardous characteristic is removed prior to disposal, or when the waste is

excluded from the definition of hazardous or solid waste under 35 Ill.

Adm. Code 721.102 through 721.106, or exempted from regulation as a

RCRA hazardous waste subsequent to the point of generation.

78)

If a generator is managing a lab pack that contains wastes identified in

Section 728.Appendix D and wishes to use the alternative treatment

standard under Section 728.142, with each shipment of waste the

generator shall submit a notice to the treatment facility in accordance with

subsection (a)(1) above

. The generator shall also comply with the

139

requirements in subsections (a)(5) and (a)(6) above, and shall submit the

following certification, which must be signed by an authorized

representative:

I certify under penalty of law that I personally have examined and

am familiar with the waste and that the lab pack contains only the

wastes specified in 35 Ill. Adm. Code 728.Appendix D or solid

wastes not subject to regulation under 35 Ill. Adm. Code 721. I am

aware that there are significant penalties for submitting a false

certification, including the possibility of fine or imprisonment.

89)

If a generator is managing a lab pack that contains organic wastes

specified in Section 728.Appendix E and wishes to use the alternate

treatment standards under Section 728.142, with each shipment of waste

the generator shall submit a notice to the treatment facility in accordance

with subsection (a)(1) above

. The generator also shall comply with the

requirements in subsections (a)(5) and (a)(6) above, and shall submit the

following certification which must be signed by an authorized

representative:

I certify under penalty of law that I personally have examined and

am familiar with the waste through analysis and testing or through

knowledge of the waste and that the lab pack contains only organic

waste specified in 35 Ill. Adm. Code 728.Appendix E or solid

wastes not subject to regulation under 35 Ill. Adm. Code 721. I am

aware that there are significant penalties for submitting a false

certification, including the possibility of fine or imprisonment.

910)

Small quantity generators with tolling agreements pursuant to 35 Ill. Adm.

Code 722.120(e) shall comply with the applicable notification and

certification requirements of subsection (a) above for the initial shipment

of the waste subject to the agreement. Such generators shall retain on-site

a copy of the notification and certification, together with the tolling

agreement, for at least three years after termination or expiration of the

agreement. The three-year record retention period is automatically

extended following notification pursuant to Section 31(d) of the

Environmental Protection Act, until either any subsequent enforcement

action is resolved, or the Agency notifies the generator documents need no

be retained.

Treatment facilities shall test their wastes according to the frequency specified in

their waste analysis plans as required by 35 Ill. Adm. Code 724.113 or 725.113.

Such testing must be performed as provided in subsections (b)(1), (b)(2) and

(b)(3) below

140

For wastes with treatment standards expressed as concentrations in the

waste extract (Section 728.141), the owner or operator of the treatment

facility shall test the treatment residues or an extract of such residues

developed using the test method described in Section 728.Appendix A to

assure that the treatment residues or extract meet the applicable treatment

standards.

For wastes prohibited under Section 728.132 or 728.139 which are not

subject to any treatment standards under Subpart D, the owner or operator

of the treatment facility shall test the treatment residues according to the

generator testing requirements specified in Section 728.132 to assure that

the treatment residues comply with the applicable prohibitions.

For wastes with treatment standards expressed as concentrations in the

waste (Section 728.143), the owner or operator of the treatment facility

shall test the treatment residues (not an extract of such residues) to assure

that the treatment residues meet the applicable treatment standards.

A notice must be sent with each waste shipment to the land disposal

facility which includes the following information, except that debris

excluded from the definition of the hazardous waste under Section

728.103(f)(2) (i.e., debris treated by an extraction or destruction

technology provided by Section 728.Table F, and debris that is delisted) is

subject to the notififcation and certification requirments of subsection (d)

below rather than these notification requirments:

U.S. EPA Hhazardous Wwaste Nnumber;

The corresponding treatment standards for wastes F001- through

F005, F039, wastes prohibited pursuant to Section 728.132 or

Section 3004(d) of the Resource Conservation and Recovery Act,

referenced in Section 728.139, and for underlying hazardous

constituents (as defined in Section 728.102 of this Part), in D001

and D002 wastes if those wastes are prohibited under Section

728.137 of this Part. Treatment standards for all other restricted

wastes must either be included, or be referenced by including on

the notification the applicable wastewater (as defined in Section

728.102(f)) or nonwastewater (as defined in Section 728.102(d))

category, the applicable subdivisions made within a waste code

based on waste-specific criteria (such as D003 reactive cyanides),

and the Section(s)

and subsection(s) where the applicable

treatment standard appears. Where the applicable treatment

standards are expressed as specified technologies in Section

141

728.142, the applicable five-letter treatment code found in Section

728.Table C (e.g., INCIN, WETOX) also must be listed on the

notification.

The manifest number associated with the shipment of waste; and

Waste analysis data, where available.

The treatment facility shall submit a certification with each shipment of

waste or treatment residue of a restricted waste to the land disposal facility

stating that the waste or treatment residue has been treated in compliance

with the treatment standards specified in Subpart D and the applicable

prohibitions set forth in Section 728.132 or 728.139. Debris excluded

from the definiton of hazardous waste under Section 728.103(f)(2) (i.e.,

debris treated by an extraction or destruction technology provided by

Section 728.Table F, and debris that is delisted), however, is subject to the

notififcation and certication requirments of subsection (d) below rather

than the certification requirements of subsection (b)(5).

For wastes with treatment standards expressed as concentrations in

the waste extract or in the waste (Sections 728.141 or 728.143), or

for wastes prohibited under Section 728.132 or 728.139 which are

not subject to any treatment standards under Subpart D, the

certification must be signed by an authorized representative and

must state the following:

I certify under penalty of law that I have personally

examined and am familiar with the treatment technology

and operation of the treatment process used to support this

certification and that, based on my inquiry of those

individuals immediately responsible for obtaining this

information, I believe that the treatment process has been

operated and maintained properly so as to comply with the

performance levels specified in 35 Ill. Adm. Code

728.Subpart D and all applicable prohibitions set forth in

35 Ill. Adm. Code 728.132 or 728.139 or Section 3004(d)

of the Resource Conservation and Recovery Act without

impermissible dilution of the prohibited waste.

I am aware

that there are significant penalties for submitting a false

certification, including the possibility of fine and

imprisonment.

For wastes with treatment standards expressed as technologies

(Section 728.142), the certification must be signed by an

142

authorized representative and must state the following:

I certify under penalty of law that the waste has been

treated in accordance with the requirements of 35 Ill. Adm.

Code 728.142. I am aware that there are significant

penalties for submitting a false certification, including the

possibility of fine and imprisonment.

For wastes with treatment standards expressed as concentrations in

the waste pursuant to Section 728.143, if compliance with the

treatment standards in Subpart D is based in part or in whole on

the analytical detection limit alternative specified in Section

728.143(c), the certification also must state the following:

I certify under penalty of law that I have personally

examined and am familiar with the treatment technology

and operation of the treatment process used to support this

certification and that, based on my inquiry of those

individuals immediately responsible for obtaining this

information, I believe that the nonwastewater organic

constituents have been treated by incineration in units

operated in accordance with 35 Ill. Adm. Code 724.Subpart

O or 35 Ill. Adm. Code 725.Subpart O, or by combustion in

fuel substitution units operating in accordance with

applicable technical requirements, and I have been unable

to detect the nonwastewater organic constituents despite

having used best good faith efforts to analyze for such

constituents. I am aware that there are significant penalties

for submitting a false certification, including the possibility

of fine and imprisonment.

If the waste or treatment residue will be further managed at a different

treatment or storage facility, the treatment, storage or disposal facility

sending the waste or treatment residue off-site must comply with the

notice and certification requirements applicable to generators under this

Section.

Where the wastes are recyclable materials used in a manner constituting

disposal subject to the provisions of 35 Ill. Adm. Code 726.120(b),

regarding treatment standards and prohibition levels, the owner or

operator of a treatment facility (i.e. the recycler) is not required to notify

the receiving facility pursuant to subsection (b)(4) above. With each

shipment of such wastes the owner or operator of the recycling facility

shall submit a certification described in subsection (b)(5) above, and a

143

notice which includes the information listed in subsection (b)(4) above

(except the manifest number) to the Agency. The recycling facility also

shall keep records of the name and location of each entity receiving the

hazardous waste-derived product.

Except where the owner or operator is disposing of any waste that is a recyclable

material used in a manner constituting disposal pursuant to 35 Ill. Adm. Code

726.120(b), the owner or operator of any land disposal facility disposing any

waste subject to restrictions under this Part shall:

Have copies of the notice and certification specified in subsection (a) or

(b) above

, and the certification specified in Section 728.108 if applicable.

Test the waste, or an extract of the waste or treatment residue developed

using the test method described in Section 728.Appendix A or using any

methods required by generators under Section 728.132, to assure that the

wastes or treatment residues are in compliance with the applicable

treatment standards set forth in Subpart D and all applicable prohibitions

set forth in Sections 728.132 or 728.139. Such testing must be performed

according to the frequency specified in the facility's waste analysis plan as

required by 35 Ill. Adm. Code 724.113 or 725.113.

Where the owner or operator is disposing of any waste that is subject to

the prohibitions under Section 728.133(f) but not subject to the

prohibitions set forth in Section 728.132, the owner or operator shall

ensure that such waste is the subject of a certification according to the

requirements of Section 728.108 prior to disposal in a landfill or surface

impoundment unit, and that such disposal is in accordance with the

requirements of Section 728.105(h)(2). The same requirement applies to

any waste that is subject to the prohibitions under Section 728.133(f) and

also is subject to the statutory prohibitions in the codified prohibitions in

Section 728.139 or Section 728.132.

Where the owner or operator is disposing of any waste that is a recyclable

material used in a manner constituting disposal subject to the provisions of

35 Ill. Adm. Code 726.120(b), the owner or operator is not subject to

subsections (c)(1) through (3) above

with respect to such waste.

Generators or treaters who first claim that hazardous debris is excluded from the

definition of hazardous waste under 35 Ill. Adm. Code 728.103(f)(2) (i.e., debris

treated by an extraction or destruction technology provided by Section 728.Table

F, and debris that has been delisted) are subject to the following notification and

certification requirements:

144

A one-time notification must be submitted to the Agency including the

following information:

The name and address of the RCRA Subtitle D facility receiving

the treated debris;

A description of the hazardous debris as initially generated,

including the applicable U.S. EPA Hhazardous Wwaste

Nnumber(s); and

For debris excluded under 35 Ill. Adm. Code 728.103(f)(2), the

technology from Section 728.Table F, used to treat the debris.

The notification must be updated if the debris is shipped to a different

facility, and, for debris excluded 35 Ill. Adm. Code 721.2(d)(1), if a

different type of debris is treated or if a different technology is used to

treat the debris.

For debris excluded under 35 Ill. Adm. Code 728.103(f)(2), the owner or

operator of the treatment facility mustshall document and certify

compliance with the treatment standards of Section 728.Table F, as

follows:

Records must be kept of all inspections, evaluations, and analyses

of treated debris that are made to determine compliance with the

treatment standards;

Records must be kept of any data or information the treater obtains

during treatment of the debris that identifies key operating

parameters of the treatment unit; and

For each shipment of treated debris, a certification of compliance

with the treatment standards must be signed by an authorized

representative and placed in the facility's files. The certification

must state the following: "I certify under penalty of law that the

debris has been treated in accordance with the requirements of 35

Ill. Adm. Code 728.145. I am aware that there are significant

penalties for making a false certification, including the possibility

of fine and imprisonment."

(Source: Amended at 18 Ill. Reg. _________, effective ______________________)

Section 728.109

Special Rules for Characteristic Wastes

145

The initial generator of a solid waste shall determine each U.S. EPA hazardous

waste number (waste code) applicable to the waste in order to determine the

applicable treatment standards under Subpart D of this Part. For purposes of 35

Ill. Adm. Code 728this Part, the waste willmust carry athe waste code designation

for any applicable listing under 35 Ill. Adm. Code 721.Subpart D, and also. In

addition, the waste must carry one or more of the waste codes designations under

35 Ill. Adm. Code 721.Subpart C where the waste exhibits the relevant

characteristic, except in the case when the treatment standard for the waste code

listed in 35 Ill. Adm. Code 721.Subpart D operates in lieu of the standard for the

waste code under 35 Ill. Adm. Code 721.Subpart C, as specified in subsection (b)

below. If the generator determines that hisits

waste displays the characteristic of

ignitability (D001) (and is not in the High TOC Ignitable Liquids Subcategory or

is not treated by INCIN, FSUBS, or RORGS of Section

728.Table C of this Part)

or the characteristic of corrosivity (D002) and is prohibited under Section

728.137, the generator shall determine what underlying hazardous constituents (as

defined in Section 728.102) are reasonably expected to be present in the D001 or

D002 waste.

Where a prohibited waste is both listed under 35 Ill. Adm. Code 721.Subpart D

and exhibits a characteristic under 35 Ill. Adm. Code 721.Subpart C, the treatment

standard for the waste code listed in 35 Ill. Adm. Code 721.Subpart D will operate

in lieu of the standard for the waste code under 35 Ill. Adm. Code 721.Subpart C,

provided that the treatment standard for the listed waste includes a treatment

standard for the constituent that causes the waste to exhibit the characteristic.

Otherwise, the waste must meet the treatment standards for all applicable listed

and characteristic waste codes.

In addition to any applicable standards determined from the initial point of

generation, no prohibited waste which exhibits a characteristic under 35 Ill. Adm.

Code 721.Subpart C shall be land disposed unless the waste complies with the

treatment standards under Subpart D of this Part.

Wastes that exhibit a characteristic are also subject to Section 728.107

requirements, except that once the waste is no longer hazardous, a one time

notification and certification must be placed in the generators or treaters files and

sent to the Agency. The notification and certification that is placed in the

generators or treaters' files must be updated if the process or operataion

generating the waste changes or if the subtitle D facility receiving the waste

changes. However, the generator or treater need only notify the Agency on an

annual basis if such changes occur. Such notification and certification should be

sent to the Agency by the end of the year but no later than December 31.

The notification must include the following information:

146

The name and address of the non-hazardous waste facility

receiving the waste shipment;

A description of the waste as initially generated, including the

applicable U.S. EPA Hhazardous Wwaste Nnumber(s) and

treatability group(s), the applicable wastewater or nonwastewater

(as defined in Section 728.102) category, and the subdivisions

made within a waste code based on waste-specific criteria (such as

D003, reactive cyanides);

The treatment standards applicable to the waste at the initial point

of generation.

The certification must be signed by an authorized representative and must

state the language found in Section 728.107(b)(5)(A).

(Source: Amended at 18 Ill. Reg. _________, effective ______________________)

SUBPART C: PROHIBITION ON LAND DISPOSAL

Section 728.135

Waste Specific Prohibitions--Third Third wastes.

The following wastes are prohibited from land disposal.

The wastes specified in 35 Ill. Adm. Code 721.131 as U.S. EPA

Hhazardous Wwaste Nnumbers:

F002 (1,1,2-trichloroethane)

F005 (benzene)

F005 (2-ethoxyethanol)

F005 (2-nitropropane)

F006 (wastewaters),

F019

F025

F039 (wastewaters);

The wastes specified in 35 Ill. Adm. Code 721.132 as U.S. EPA

Hhazardous

Wwaste Nnumbers:

K002

K003

K004 (wastewaters)

147

K005 (wastewaters)

K006

K008 (wastewaters)

K011 (wastewaters)

K013 (wastewaters)

K014 (wastewaters)

K015 (nonwastewaters)

K017

K021 (wastewaters)

K022 (wastewaters)

K025 (wastewaters)

K026

K029 (wastewaters)

K031 (wastewaters)

K032

K033

K034

K035

K041

K042

K046 (wastewaters, reactive nonwastewaters)

K048 (wastewaters)

K049 (wastewaters)

K050 (wastewaters)

K051 (wastewaters)

K052 (wastewaters)

K060 (wastewaters)

K061 (wastewaters) and (high zinc subcategory > 15% zinc)

K069 (wastewaters, calcium sulfate nonwastewaters)

K073

K083

K084 (wastewaters)

K085

K095 (wastewaters)

K096 (wastewaters)

K097

K098

K100 (wastewaters)

K101 (wastewaters)

K102 (wastewaters)

K105

K106 (wastewaters)

The wastes specified in 35 Ill. Adm. Code 721.133(e) as U.S. EPA

148

Hhazardous Wwaste Nnumbers:

P001

P002

P003

P004

P005

P006

P007

P008

P009

P010 (wastewaters)

P011 (wastewaters)

P012 (wastewaters)

P014

P015

P016

P017

P018

P020

P022

P023

P024

P026

P027

P028

P031

P033

P034

P036 (wastewaters)

P037

P038 (wastewaters)

P042

P045

P046

P047

P048

P049

P050

P051

P054

P056

P057

P058

149

P059

P060

P064

P065 (wastewaters)

P066

P067

P068

P069

P070

P072

P073

P075

P076

P077

P078

P081

P082

P084

P088

P092 (wastewaters)

P093

P095

P096

P101

P102

P103

P105

P108

P110

P112

P113

P114

P115

P116

P118

P119

P120

P122

P123

The wastes specified in 35 Ill. Adm. Code 721.133(f) as U.S.

EPA

Hhazardous

Wwaste Nnumbers:

U001

150

U002

U003

U004

U005

U006

U007

U008

U009

U010

U011

U012

U014

U015

U016

U017

U018

U019

U020

U021

U022

U023

U024

U025

U026

U027

U029

U030

U031

U032

U033

U034

U035

U036

U037

U038

U039

U041

U042

U043

U044

U045

U046

U047

U048

151

U049

U050

U051

U052

U053

U055

U056

U057

U059

U060

U061

U062

U063

U064

U066

U067

U068

U070

U071

U072

U073

U074

U075

U076

U077

U078

U079

U080

U081

U082

U083

U084

U085

U086

U089

U090

U091

U092

U093

U094

U095

U096

U097

U098

152

U099

U101

U103

U105

U106

U108

U109

U110

U111

U112

U113

U114

U115

U116

U117

U118

U119

U120

U121

U122

U123

U124

U125

U126

U127

U128

U129

U130

U131

U132

U133

U134

U135

U136 (wastewaters)

U137

U138

U140

U141

U142

U143

U144

U145

U146

U147

153

U148

U149

U150

U151 (wastewaters)

U152

U153

U154

U155

U156

U157

U158

U159

U160

U161

U162

U163

U164

U165

U166

U167

U168

U169

U170

U171

U172

U173

U174

U176

U177

U178

U179

U180

U181

U182

U183

U184

U185

U186

U187

U188

U189

U191

U192

U193

154

U194

U196

U197

U200

U201

U202

U203

U204

U205

U206

U207

U208

U209

U210

U211

U213

U214

U215

U216

U217

U218

U219

U220

U222

U225

U226

U227

U228

U234

U236

U237

U238

U239

U240

U243

U244

U246

U247

U248

U249

The following wastes identified as hazardous based on a characteristic

alone:

155

D001

D002

D003

D004 (wastewaters)

D005

D006

D007

D008 (except for lead materials stored before secondary

smelting)

D009 (wastewaters)

D010

D011

D012

D013

D014

D015

D016

D017

The following wastes are prohibited from land disposal. The wastes specified in

35 Ill. Adm. Code 721.132 as U.S. EPA Hhazardous Wwaste Nnumbers:

K048 (nonwastewaters)

K049 (nonwastewaters)

K050 (nonwastewaters)

K051 (nonwastewaters)

K052 (nonwastewaters)

Effective May 8, 1992, tThe

following wastes are prohibited from land disposal:

The wastes specified in 35 Ill. Adm. Code 721.131 as U.S. EPA

Hhazardous Wwaste Nnumbers:

F039 (nonwastewaters)

The wastes specified in 35 Ill. Adm. Code 721.132 as U.S.

EPA

Hhazardous Wwaste Nnumbers:

K031 (nonwastewaters)

K084 (nonwastewaters)

K101 (nonwastewaters)

K102 (nonwastewaters)

K106 (nonwastewaters)

156

The wastes specified in 35 Ill. Adm. Code 721.133(e) as U.S. EPA

Hhazardous Wwaste Nnumbers:

P010 (nonwastewaters)

P011 (nonwastewaters)

P012 (nonwastewaters)

P036 (nonwastewaters)

P038 (nonwastewaters)

P065 (nonwastewaters)

P087

P092 (nonwastewaters)

The wastes specified in 35 Ill. Adm. Code 721.133(f) as U.S. EPA

Hhazardous Wwaste Nnumbers:

U136 (nonwastewaters)

U151 (nonwastewaters)

The following wastes identified as hazardous based on a characteristic

alone:

D004 (nonwastewaters)

D009 (nonwastewaters);

RCRA hazardous wastes that contain naturally occurring radioactive

materials.

Effective May 8, 1992, hHazardous wastes listed in Sections 728.110, 728.111 or

728.112 that are mixed radioactive/hazardous wastes, and soil or debris

contaminated with hazardous wastes listed in Sections 728.110, 728.111 or

728.112 that are mixed radioactive/hazardous wastes, are prohibited from land

disposal, except as provided in subsection (e) below.

Subject to the applicable prohibitions of Sections 728.130, 728.131, and 728.132,

contaminated soil and debris are prohibited from land disposal as follows:

Effective May 8, 19934, debris that is contaminated with wastes listed in

Sections 728.110, 728.111 or

728.112 (including such wastes that are

mixed radioactive and hazardous wastes), and debris that is contaminated

with any characteristic waste for which treatment standards are established

in Subpart D of this Part (including such wastes that are mixed radioactive

hazardous wastes), are prohibited from land disposal.

Effective May 8, 1994, mixed radioactive hazardous debris that is

157

contaminated with hazardous wastes listed in Section 728.112 and mixed

radioactive hazardous debris that is contaminated with any characteristic

waste for which treatment standards are established in Subpart D of this

Part are prohibited from land disposal.

Subsections (e)(1) and (e)(2) of this Section shall not apply where the

generator has failed to make good-faith effort to locate treatment capacity

suitable for its waste, has not utilized such capacity as it has found to be

available, or has failed to file a report as required by Section 728.105(g)

by August 12, 1993 or within 90 days after the waste is generated

(whichever is later) describing the generator's efforts to locate treatment

capacity. Where subsections (e)(1) and (e)(2) of this Section do not apply,

all wastes described in those two subsections are prohibited from land

disposal.

BOARD NOTE: This subsection is derived from 40 CFR 268.35(e)(3), as

added at 58 Fed. Reg. 28510 (May 14, 1993). This was a HSWA-derived

amendment that went into effect as federal law in Illinois, effective May 8,

1993. The August 12, 1993 report was due on that date as a matter of

federal law.

24)

Effective May 8, 1993, hHazardous soil having treatment standards in

728.Subpart D based on incineration, mercury retorting or vitrification,

and soils contaminated with hazardous wastes listed in Sections 728.110,

728.111 and 728.112 that are mixed radioactive hazardous wastes, are

prohibited from land disposal.

When used in subsections (e)(1) and (e)(2) of this Section, debris is

defined as follows:

Debris as defined in Section 728.102(g); or

Nonfriable inorganic solids that are incapable of passing through a

9.5 mm standard sieve that require cutting or crushing and grinding

in mechanical sizing equipment prior to stabilization, limited to the

following inorganic or metal materials:

Metal slag (either dross or scoria);

ii)

Glassified slag;

iii)

Glass;

iv)

Concrete (excluding cementitious or pozzolanic stabilized

158

hazardous wastes);

Masonry and refractory bricks;

vi)

Metal cans, containers, drums, or tanks;

vii)

Metal nuts, bolts, pipes, pumps, valves, appliances, or

industrial equipment; or

viii)

Scrap metal as defined in 35 Ill. Adm. Code 721.101(c)(6).

This subsection corresponds with 40 CFR 268.35(f), which pertains to an

exemption from a land disposal prohibition up until a date long since expired.

This statement maintains structural consistency with USEPA rules.

This subsection corresponds with 40 CFR 268.35(g), which pertains to an

exemption from a land disposal prohibition up until a date long since expired.

This statement maintains structural consistency with USEPA rules.

Between May 8, 1990, and May 8, 1992, wastes included in subsections (c), (d)

and (e), above, shall be disposed of in a landfill or surface impoundment only if

such unit is in compliance with the requirements specified in Section

728.105(h)(2)This subsection corresponds with 40 CFR 268.35(h), which pertains

to landfill and surface impoundment disposal of the wastes listed in subsections

(c), (d) and (e) above up until a date long since expired. This statement maintains

structural consistency with USEPA rules.

The requirements of subsections (a), (b), (c), (d) and through (e), above, do not

apply if:

The wastes meet the applicable standards specified in Subpart D of this

Part;

Persons have been granted an exemption from a prohibition pursuant to a

petition under Section 728.106, with respect to those wastes and units

covered by the petition;

The wastes meet the applicable alternate standards established pursuant to

a petition granted under Section 728.144;

Persons have been granted an extension to the effective date of a

prohibition pursuant to Section 728.105, with respect to these wastes

covered by the extension.

159

To determine whether a hazardous waste listed in Section 728.110, 728.111 or

728.112 exceeds the applicable treatment standards specified in Sections 728.141

and 728.143, the initial generator shall either test a representative sample of the

waste extract or the entire waste, depending on whether the treatment standards

are expressed as concentrations in the waste extract or the waste, or use

knowledge of the waste. If the waste contains constituents in excess of the

applicable Subpart D of this Part levels, the waste is prohibited from land

disposal, and all requirements of this Part are applicable, except as otherwise

specified.

Effective May 8, 1993, D008 lead materials stored before secondary smelting are

prohibited from land disposal.

On or before March 1, 1993, the owner or operator

of each secondary lead smelting facility shall have

submitted the following to the

Agency the following: A binding contractual commitment to construct or

otherwise provide capacity for storing such D008 wastes prior to smelting which

complies with all applicable storage standards; documentation that the capacity to

be provided will be sufficient to manage the entire quantity of such D008 wastes;

and, a detailed schedule for providing such capacity. Failure by a facility to have

submitted such documentation will render such D008 managed by that facility

prohibited from land disposal effective March 1, 1993. In addition, no later than

July 27, 1992, the owner or operator of each facility shall place in the facility

record documentation of the manner and location in which such wastes will be

managed pending completion of such capacity, demonstrating that such

management capacity will be adequate and complies with all applicable

requirements of 35 Ill. Adm. Code 720 through 728.

(Source: Amended at 18 Ill. Reg. _________, effective ______________________)

Section 728.136

Waste Specific Prohibitions -- Newly Listed Wastes.

Effective November 9, 1992, tThe wastes specified in 35 Ill. Adm. Code 721.132

as U.S. EPA Hhazardous Wwaste Nnumbers K107, K108, K109, K110, K111,

K112, K117, K118, K123, K124, K125, K126, K131, K132, and K136; and the

wastes specified in 35 Ill. Adm. Code 721.133(f) as U.S. EPA Hhazardous

Wwaste numbers U328, U353, and U359 are prohibited from land disposal.

Effective June 30, 1993

, tThe wastes specified in 35 Ill. Adm. Code 721.131 as

U.S.

EPA Hhazardous Wwaste Nnumbers F037 and F038 that are not generated

from surface impoundment cleanouts or closures are prohibited from land

disposal.

Effective June 30, 1994, the wastes specified in 35 Ill. Adm. Code 721.131 as

U.S. EPA Hhazardous Wwaste Nnumbers F037 and F038 that are generated from

surface impoundment cleanouts or closures are prohibited from land disposal.

160

Effective June 30, 1994, radioactive wastes that are mixed with hazardous wastes

specified in 35 Ill. Adm. Code 721.131 as U.S. EPA Hhazardous Wwaste

Nnumbers F037 and F038; the wastes specified in 35 Ill. Adm. Code 721.132 as

U.S. EPA Hhazardous Wwaste Nnumbers K107, K108, K109, K110, K111,

K112, K117, K118, K123, K124, K125, K126 K131, K132, and K136; or the

wastes specified in 35 Ill. Adm. Code 721.133(f) as U.S. EPA Hhazardous

Wwaste Nnumbers U328, U353, and U359 are prohibited from land disposal.

Effective June 30, 1994, debris contaminated with hazardous wastes specified in

35 Ill. Adm. Code 721.131 as U.S. EPA Hhazardous Wwaste Nnumbers F037 and

F038; the wastes specified in 35 Ill. Adm. Code 721.132 as U.S.

EPA Hhazardous

Wwaste

Nnumbers K107, K108, K109, K110, K111, K112, K117, K118, K123,

K124, K125, K126 K131, K132, and K136; or the wastes specified in 35 Ill.

Adm. Code 721.133(f) as U.S. EPA Hhazardous Wwaste Nnumbers U328, U353,

and U359; and which is not contaminated with any other waste already subject to

a prohibition are prohibited from land disposal.

Between June 30, 1992 and June 30, 1993, the wastes included in subsection (b)

of this Section may be disposed of in a landfill, only if such unit is in compliance

with the requirements specified in subsection 728.105(h)(2), and may be

generated in and disposed of in a surface impoundment only if such unit is in

compliance with either subsection 728.105(h)(2) or Section 728.114This

subsection corresponds with 40 CFR 268.36(f), which pertains to landfill disposal

of the wastes listed in subsection (b) above up until a date long since expired.

This statement maintains structural consistency with USEPA rules.

Between June 30, 1992 and June 30, 1994, the wastes included in subsections (d)

and (e) of this Section may be disposed of in a landfill only if such unit is in

compliance with the requirements specified in subsection 728.105(h)(2), and may

be generated in and disposed of in a surface impoundment only if such unit is in

compliance with either subsection 728.105(h)(2) or Section 728.114.

The requirements of subsections (a), (b), (c), (d), and

through (e) above do not

apply if:

The wastes meet the applicable standards specified in 728.Subpart D;

Persons have been granted an exemption from a prohibition pursuant to a

petition under Section 728.106, with respect to those wastes and units

covered by the petition;

The wastes meet the applicable alternate standards established pursuant to

a petition granted under Section 728.144;

161

Persons have been granted an extension to the effective date of a

prohibition pursuant to Section 728.105, with respect to the wastes

covered by the extension.

To determine whether a hazardous waste identified in this Section exceeds the

applicable treatment standards specified in Sections 728.141 and 728.143, the

initial generator mustshall test a representative sample of the waste extract or the

entire waste, depending on whether the treatment standards are expressed as

concentrations in the waste extract or the waste, or the generator may use

knowledge of the waste. If the waste contains constituents in excess of the

applicable levels in 728.Subpart D, the waste is prohibited from land disposal,

and all requirements of Part 728 are applicable, except as otherwise specified.

(Source: Added at 18 Ill. Reg. _________, effective ______________________)

Section 728.137

Waste Specific Prohibitions -- Ignitable and Corrosive Characteristic

Wastes Whose Treatment Standards Were Vacated

)

Effective August 9, 1993, tThe wastes specified in 35 Ill. Adm. Code 721.121 as

D001 (and is not in the High TOC Ignitable Liquids Subcategory), and specified

in 35 Ill. Adm. Code 721.122 as D002, that are managed in systems other than

those whose discharge is regulated under the Clean Water Act (CWA), or that

inject in Class I deep wells regulated under the Safe Drinking Water Act

(SDWA), or that are zero dischargers that engage in CWA-equivalent treatment

before ultimate land disposal, are prohibited from land disposal. CWA-equivalent

treatment means biological treatment for organics, alkaline chlorination or ferrous

sulfate precipitation for cyanide, precipitation/sedimentation for metals, reduction

of hexavalent chromium, or other treatment technology that can be demonstrated

to perform equally or greater than these technologies.

Effective February 10, 1994, tThe wastes specified in 35 Ill. Adm. Code 721.121

as D001 (and is not in the High TOC Ignitable Liquids Subcategory), and

specified in 35 Ill. Adm. Code 721.122 as D002, that are managed in systems

defined in 35 Ill.Adm. Code 704 and 730 as Class V injection wells, that do not

engage in CWA-equivalent treatment before injection, are prohibited from land

disposal.

(Source: Added at 18 Ill. Reg. _________, effective ______________________)

SUBPART D: TREATMENT STANDARDS

162

Section 728.140

Applicability of Treatment Standards

A restricted waste identified in Section 728.141 may be land disposed only if an

extract of the waste or of the treatment residue of the waste developed using the

test method Section 728.Appendix A35 Ill. Adm. Code 721.Appendix B does not

exceed the value shown in Section 728.Table A for any hazardous constituent

listed in Section 728.Table A for that waste, with the following exceptions: D004,

D008, K031, K084, K101, K102, P010, P011, P012, P036, P038 and U136.

Wastes D004, D008, K031, K084, K101, K102, P010, P011, P012, P036, P038

and U136These wastes may be land disposed only if an extract of the waste or of

the treatment residue of the waste developed using either the test method in 35 Ill.

Adm. Code 721.Appendix AB

or the test method in 35 Ill. Adm. CodeSection

728.Appendix BA

does not exceed the value shown in Section 728.Table B for

any hazardous constituent listed in Section 728.Table A for that waste.

A restricted waste for which a treatment technology is specified under Section

728.142(a) or hazardous debris for which a treatment technology is specified

under Section 728.145 may be land disposed after it is treated using that specified

technology or an equivalent treatment method approved by the Agency under the

procedures set forth in Section 728.142(b). For waste displaying the

characteristic of ignitability (D001) and reactivity (D003), that are diluted to meet

the deactivation treatment standard in Section 728.Tables C and D (DEACT), the

treater mustshall comply with the precautionary measures specified in 35 Ill.

Adm. Code 724.117(b) and 35 Ill. Adm. Code 725.117(b).

Except as otherwise specified in Section 728.143(c), a restricted waste identified

in Section 728.143 may be land disposed only if the constituent concentrations in

the waste or treatment residue of the waste do not exceed the value shown in

Section 728.Table B for any hazardous constituent listed in Section 728.Table B

for that waste.

If a treatment standard has been established in Sections 728.141 through 728.143

for a hazardous waste that is itself subject to those standards rather than the

standards for hazardous debris under Section 728.145.

(Source: Amended at 18 Ill. Reg. _________, effective ______________________)

Section 728.141

Treatment Standards eExpressed

as Concentrations in Waste Extract

Section 728.Table A identifies the restricted wastes and the concentrations of

their associated constituents which may not be exceeded by the extract of a waste

or waste treatment residual developed using the test method in Section

728.Appendix A for the allowable land disposal of such wastes. Compliance with

these concentrations is required based upon grab samples, unless otherwise noted

163

in Section 728.Table A.

When wastes with differing treatment standards for a constituent of concern are

combined for purposes of treatment, the treatment residue must meet the lowest

treatment standard for the constituent of concern, except that mixtures of high and

low zinc nonwastewater K061 are subject to the treatment standard for high zinc

K061.

The treatment standards for the constituents in F001- through F005 which are

listed in PartSection 728.Table A only apply to wastes which contain one, two, or

all three of these constituents. If the waste contains any of these three

constituents along with any of the other 26 constituents found in F001-

through

F005, then only the treatments standards in Section 728.143 Table A are required.

(Source: Amended at 18 Ill. Reg. _________, effective ______________________)

Section 728.142

Treatment Standards eExpressed as Specified Technologies

The following wastes in subsections (a)(1) and (2) below and Sections 728.Table

D and 728.Table E must be treated using the technology or technologies specified

in subsections (a)(1) and (2) and Section 728.Table C.

Liquid hazardous wastes containing PCBs at concentrations greater than

or equal to 50 ppm but less than 500 ppm must be incinerated in

accordance with technical requirements at 40 CFR 761.70, incorporated

by reference in 35 Ill. Adm. Code 720.111, or burned in high efficiency

boilers in accordance with the technical requirements of 40 CFR 761.60.

Liquid hazardous wastes containing PCBs at concentrations greater than

or equal to 500 ppm must be incinerated in accordance with the technical

requirements of 40 CFR 761.70. Thermal treatment in accordance with

this Section must be in compliance with applicable regulations in 35 Ill.

Adm. Code 724, 725 and 726.

Nonliquid hazardous wastes containing halogenated organic compounds

(HOCs) in total concentrations greater than or equal to 1000 mg/kg and

liquid HOC-containing wastes that are prohibited under Section

728.132(e)(1) must be incinerated in accordance with the requirements of

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

These treatment standards do not apply where the waste is subject to a

Subpart C of this Part treatment standard for a specific HOC (such as a

hazardous waste chlorinated solvent for which a treatment standard is

established under Section 728.141(a)).

A mixture consisting of wastewater, the discharge of which is subject to

164

regulation under 35 Ill. Adm. Code 309 or 310, and de minimis losses of

materials from manufacturing operations in which these materials are used

as raw materials or are produced as products in the manufacturing process,

and that meet the criteria of the D001 ignitable liquids containing greater

than 10% total organic constituents (TOC) subcategory, is subject to the

DEACT treatment standard described in Table C. For purposes of this

subsection, "de minimis losses" include:

Those from normal material handling operations (e.g., spills from

the unloading or transfer of materials from bins or other containers,

leaks from pipes, valves or other devices used to transfer

materials);

Minor leaks from process equipment, storage tanks, or containers;

Leaks from well-maintained pump packings and seals;

Sample purgings; and

Relief device discharges.

Any person may submit an application to the Agency demonstrating that an

alternative treatment method can achieve a level of performance equivalent to that

achievable by methods specified in subsections (a) above, and (c) and (d) below

for wastes or specififed in of Section 728.Table F for hazardous debris. The

applicant shall submit information demonstrating that the applicant's treatment

method is in compliance with federal and state requirements, including this Part,

35 Ill. Adm. Code 709, 724, 725, 726 and 729 and Sections 22.6 and 39(h) of the

Environmental Protection Act (Ill. Rev. Stat. 1987, ch. 1112, pars. 1022.6 and

1039(h) [415 ILCS 5/22.6 and 5/39(h)]), and is protective of human health or the

environment. On the basis of such information and any other available

information, the Agency shall approve the use of the alternative treatment method

if the Agency finds that the alternative treatment method provides a measure of

performance equivalent to that achieved by methods specified in subsections (a)

above

, and (c) and (d) below, and in Section 728.Table F, for hazardous debris.

Any approval must be stated in writing and may contain such provisions and

conditions as the Agency determines to be appropriate. The person to whom such

approval is issued shall comply with all limitations contained in such

determination.

As an alternative to the otherwise applicable treatment standards of Subpart D of

this Part treatment standards

, lab packs are eligible for land disposal provided the

following requirements are met:

165

The lab packs comply with the applicable provisions of 35 Ill. Adm. Code

724.416 and 725.416;

BOARD NOTE: 35 Ill. Adm. Code 729.301 and 729.312 include

additional restrictions on the use of lab packs.

All hazardous wastes contained in such lab packs are specified in Section

728.Appendix D or Section 728.Appendix E;

The lab packs are incinerated in accordance with the requirements of 35

Ill. Adm. Code 724.Subpart O or 35 Ill. Adm. Code 725.Subpart O; and

Any incinerator residues from lab packs containing D004, D005, D006,

D007, D008, D010 and D011 are treated in compliance with the

applicable treatment standards specified for such wastes in Subpart D.

Radioactive hazardous mixed wastes with treatment standards specified in

Section 728.Table E are not subject to any treatment standards specified in

Section 728.141, Section 728.143 or Section 728.Table D. Radioactive hazardous

mixed wastes not subject to treatment standards in Section 728.Table E remain

subject to all applicable treatment standards specified in Section 728.141, Section

728.143 and Section 728.Table D. Hazardous debris containing radioactive waste

is not subject to the treatment standards specified in Section 728.Table F but is

subject to the treatment standards specified in Section 728.145.

(Source: Amended at 18 Ill. Reg. _________, effective ______________________)

Section 728.145

Treatment Standards for Hazardous Debris

Treatment standards. Hazardous debris must be treated prior to land disposal as

follows unless EPAthe

Board has determinesd, under 35 Ill. Adm. Code

721.103(d)(2), that the debris is no longer contaminated with hazardous waste or

the debris is treated to the waste-specific treatment standard provided in this

Subpart for the waste contaminating the debris:

General. Hazardous debris must be treated for each "contaminant subject

to treatment" defined by subsection (b) of this Section using the

technology or technologies identified in Section 728.Table F.

Characteristic debris. Hazardous debris that exhibits the characteristic of

ignitability, corrosivity, or reactivity identified under 35 Ill. Adm. Code

721.121, 721.122, and 721.123, respectively, must be deactivated by

treatment using one of the technologies identified in Section 728.Table F.

166

Mixtures of debris types. The treatment standards of Section 728.Table F

must be achieved for each type of debris contained in a mixture of debris

types. If an immobilization technology is used in a treatment train, it must

be the last treatment technology used.

Mixtures of contaminant types. Debris that is contaminated with two or

more contaminants subject to treatment identified under subsection (b) of

this Section must be treated for each contaminant using one or more

treatment technologies identified in Section 728.Table F. If an

immobilization technology is used in a treatment train, it must be the last

treatment technology used.

Waste PCBs. Hazardous debris that is also a waste PCB under 40 CFR

761 is subject to the requirements of either 40 CFR 761 or the

requirements of this Section, whichever are more stringent.

Contaminants subject to treatment. Hazardous debris must be treated for each

"contaminant subject to treatment.". The contaminants subject to treatment must

be determined as follows:

Toxicity characteristic debris. The contaminants subject to treatment for

debris that exhibits the Toxicity Characteristic (TC) by 35 Ill. Adm. Code

721.124 are those EP constituents for which the debris exhibits the TC

toxicity characteristic.

Debris contaminated with listed waste. The contaminants subject to

treatment for debris that is contaminated with a prohibited listed

hazardous waste are those constituents for which BDAT standards are

established for the waste under Sections 728.141 and 728.143.

Cyanide reactive debris. Hazardous debris that is reactive because of

cyanide must be treated for cyanide.

Conditioned exclusion of treated debris. Hazardous debris that has been treated

using one of the specified extraction or destruction technologies in Section

728.Table F and that does not exhibit a characteristic of hazardous waste

identified under 35 Ill. Adm. Code 721.Subpart C after treatment is not a

hazardous waste and need not be managed in a subtitle C facility. Hazardous

debris contaminated with a listed waste that is treated by an immobilization

technology specified in Section 728.Table

1F is a hazardous waste and must be

managed in a subtitle C facility.

Treatment residuals

167

General requirements. Except as provided by subsections (d)(2) and

(d)(4) below:

Residue from the treatment of hazardous debris must be separated

from the treated debris using simple physical or mechanical means;

and

Residue from the treatment of hazardous debris is subject to the

waste-specific treatment standards provided by 728.Subpart D of

this Part for the waste contaminating the debris.

Nontoxic debris. Residue from the deactivation of ignitable, corrosive, or

reactive characteristic hazardous debris (other than cyanide-reactive) that

is not contaminated with a contaminant subject to treatment defined by

subsection (b) above, must be deactivated prior to land disposal and is not

subject to the waste-specific treatment standards of Subpart D of this Part.

Cyanide-reactive debris. Residue from the treatment of debris that is

reactive because of cyanide must meet the standards for D003 under

Section 728.143.

Ignitable nonwastewater residue. Ignitable nonwastewater residue

containing equal to or greater than 10% total organic carbon is subject to

the technology-based standards for D001: "Ignitable Liquids based on 35

Ill. Adm. Code 721.121(a)(1)" under Section 728.142.

Residue from spalling. Layers of debris removed by spalling are

hazardous debris that remain subject to the treatment standards of this

Section.

(Source: Added at 18 Ill. Reg. _________, effective ______________________)

Section 728.146

Alternative Treatment Standards bBased on HTMR

Section 728.Table G identifies alternative treatment standards for F006 and K062

nonwastewaters.

(Source: Added at 18 Ill. Reg. _________, effective ______________________)

SUBPART E: PROHIBITIONS ON STORAGE

Section 728.150

Prohibitions on Storage of Restricted Wastes

168

Except as provided in this Section, the storage of hazardous wastes restricted

from land disposal under Subpart C of this Part is prohibited, unless the following

conditions are met:

A generator stores such wastes in tanks, containers or containment

buildings on-site solely for the purpose of the accumulation of such

quantities of hazardous waste as necessary to facilitate proper recovery,

treatment or disposal and the generator complies with the requirements in

35 Ill. Adm. Code 722.134 and 35 Ill. Adm. Code 724 and 725. (A

generator who is in existence on the effective date of a regulation under

this Part and who must store hazardous wastes for longer than 90 days due

to the regulations under this Part becomes an owner or operator of a

storage facility and must obtain a RCRA permit, as required by 35 Ill.

Adm. Code 703. Such a facility may qualify for interim status upon

compliance with the regulations governing interim status under 35 Ill.

Adm. Code 703.153.)

An owner or operator of a hazardous waste treatment, storage or disposal

facility stores such wastes in tanks, containers or contaiment buildings

solely for the purpose of the accumulation of such quantities of hazardous

waste as necessary to facilitate proper recovery, treatment or disposal and;

Each container is clearly marked to identify its contents and the

date each period of accumulation begins;

Each tank is clearly marked with a description of its contents, the

quantity of each hazardous waste received and the date each period

of accumulation begins, or such information is recorded and

maintained in the operating record at the facility. Regardless of

whether the tank itself is marked, the owner and operator shall

comply with the operating record requirements of 35 Ill. Adm.

Code 724.173 or 725.173.

A transporter stores manifested shipments of such wastes at a transfer

facility for 10 days or less

An owner or operator of a treatment, storage or disposal facility may store such

wastes for up to one year unless the Agency can demonstrate that such storage

was not solely for the purpose of accumulation of such quantities of hazardous

waste as are necessary to facilitate proper recovery, treatment or disposal.

An owner or operator of a treatment, storage or disposal facility may store wastes

beyond one year; however, the owner or operator bears the burden of proving that

such storage was solely for the purpose of accumulation of such quantities of

169

hazardous waste as are necessary to facilitate proper recovery, treatment or

disposal.

If a generator's waste is exempt from a prohibition on the type of land disposal

utilized for the waste (for example, because of an approved case-by-case

extension under 40 CFR 268.5, incorporated by reference in Section 728.105, an

approved Section 728.106 petition or a national capacity variance under 40 CFR

268, Subpart C, the prohibition in subsection (a) does not apply during the period

of such exemption.

The prohibition in subsection (a) does not apply to hazardous wastes that meet the

treatment standards specified under Sections 728.141, 728.142 and 728.143 or the

adjusted treatment standards specified under Section 728.144, or, where treatment

standards have not been specified, the waste is in compliance with the applicable

prohibitions specified in Section 728.132 or 728.139.

Liquid hazardous wastes containing PCBs at concentrations greater than or equal

to 50 ppm must be stored at a facility that meets the requirements of 40 CFR

761.65(b), incorporated by reference in 35 Ill. Adm. Code 720.111, and must be

removed from stroage and treated or disposed as required by the Part within one

year of the date when such wastes are first placed into storage. The provisions of

subsection (c) above do not apply to such PCB wastes prohibited under Section

728.132.

(Source: Amended at 18 Ill. Reg. _________, effective ______________________)

Section 728.Table A Constituent Concentrations in Waste Extract (CCWE)

D, F and K Listed Wastes

Waste

Code

See Also

Regulated Hazardous

Constituent

CAS No. for

Regulated

Hazardous

Constituent

Concentration

(mg/L)

Wastewaters

Concentration

(mg/L)

Nonwastewate

D004 Table B Arsenic

7440-38-2

5.0 #A

D005 Table B Barium

7440-39-3

100.

D006 Table B Cadmium

7440-43-9

1.0

D007 Table B Chromium (Total)

7440-47-32

5.0

170

D008 Table B Lead

7439-92-1

5.0 #A

D009 (Low Mercury Subcategory--less than 260 mg/kg Mercury)

Tables B

& D

Mercury

7439-97-6

0.20

D010 Table B Selenium

7782-49-2

5.7

D011 Table B Silver

7440-22-4

5.0

F001-F005 spent solvents

Table B Carbon disulfide

75-15-0

1.05NA

4.8

Cyclohexanone

108-94-1

0.125NA

0.75

Methanol

67-56-1

0.25NA

0.75

F006 Table B Cadmium

7440-43-9

0.066

Chromium (Total)

7440-47-32

5.2

Lead

7439-92-1

0.51

Nickel

7440-02-0

0.32

Silver

7440-22-4

0.072

F007 Table B Cadmium

7440-43-9

0.066

Chromium (Total)

7440-47-32

5.2

Lead

7439-92-1

0.51

Nickel

7440-02-0

0.32

Silver

7440-22-4

0.072

F008 Table B Cadmium

7440-43-9

0.066

Chromium (Total)

7440-47-32

5.2

Lead

7439-92-1

0.51

Nickel

7440-02-0

0.32

Silver

7440-22-4

0.072

F009 Table B Cadmium

7440-43-9

0.066

Chromium (Total)

7440-47-32

5.2

Lead

7439-92-1

0.51

Nickel

7440-02-0

0.32

Silver

7440-22-4

0.072

F011 Table B Cadmium

7440-43-9

0.066

Chromium (Total)

7440-47-32

5.2

Lead

7439-92-1

0.51

Nickel

7440-02-0

0.32

171

Silver

7440-22-4

0.072

F012 Table B Cadmium

7440-43-9

0.066

Chromium (Total)

7440-47-32

5.2

Lead

7439-92-1

0.51

Nickel

7440-02-0

0.32

Silver

7440-22-4

0.072

F019 Table B Chromium (Total)

7440-47-32

0.0725.2

F020-F023 and F026-F028 dioxin-containing wastes *

HxCDD-All

Hexachlorodibenzo-p-dioxins

<1. ppb

HxCDF-All

Hexachlorodibenzofurans

<1. ppb

PeCDD-All

Pentachlorodibenzo-p-dioxins

<1. ppb

PeCDF-All

Pentachlorodibenzofurans

<1. ppb

TCDD-All Tetrachlorodibenzo-

p-dioxins

<1. ppb

TCDF-All

Tetrachlorodibenzofurans

<1. ppb

2,4,5-Trichlorophenol

95-95-4

<0.05 ppm

2,4,6-Trichlorophenol

88-06-2

<0.05 ppm

2,3,4,6-Tetrachlorophenol

58-90-2

<0.05 ppm

Pentachlorophenol

87-86-5

<0.051 ppm

F024 Table B Chromium (Total)

7440-47-32

0.073

Lead

7439-92-1

0.021Reserve

Nickel

7440-02-0

0.088

F037 Table B Chromium (Total)

7440-47-32

1.7

Nickel

7440-02-0

0.20

F038 Table B Chromium (Total)

7440-47-32

1.7

Nickel

7440-02-0

0.20

F039 (and D001 and D002 wastes prohibited under Section 728.137

172

Tables B

& D

Antimony

7440-36-0

0.23

Arsenic

7440-38-2

5.0

Barium

7440-39-3

52.

Cadmium

7440-43-9

0.066

Chromium (Total)

7440-47-32

5.2

Lead

7439-92-1

0.51

Mercury

7439-97-6

0.025

Nickel

7440-02-0

0.32

Selenium

7782-49-2

5.7

Silver

7440-22-4

0.072

K001 Table B Lead

7439-92-1

0.51

K002 Table B Chromium (Total)

7440-47-32

0.094

Lead

7439-92-1

0.37

K003 Table B Chromium (Total)

7440-47-32

0.094

Lead

7439-92-1

0.37

K004 Table B Chromium (Total)

7440-47-32

0.094

Lead

7439-92-1

0.37

K005 Table B Chromium (Total)

7440-47-32

0.094

Lead

7439-92-1

0.37

K006 (anhydrous)

Table B Chromium (Total)

7440-47-32

0.094

Lead

7439-92-1

0.37

K006 (hydrated)

Table B Chromium (Total)

7440-47-32

5.2

K007 Table B Chromium (Total)

7440-47-32

0.094

Lead

7439-92-1

0.37

K008 Table B Chromium (Total)

7440-47-32

0.094

Lead

7439-92-1

K015 Table B Chromium (Total)

7440-47-32

1.7

Lead

7439-92-1

0.2

Nickel

7440-02-0

0.2

173

K021 Table B Antimony

7440-36-0

0.23 #A

K022 Table B Chromium (Total)

7440-47-32

5.2

Nickel

7440-02-20

0.32

K028 Table B Chromium (Total)

7440-47-32

0.073

Lead

7439-92-1

0.021

Nickel

7440-02-20

0.088

K031 Table B Arsenic

7440-38-2

5.6 #A

K046 Table B Lead

7439-92-1

0.18

K048 Table B Chromium (Total)

7440-47-32

1.7

Nickel

7440-02-0

0.20

K049 Table B Chromium (Total)

7440-47-32

1.7

Nickel

7440-02-0

0.20

K050 Table B Chromium (Total)

7440-47-32

1.7

Nickel

7440-02-20

0.20

K051 Table B Chromium (Total)

7440-47-32

1.7

Nickel

7440-02-20

0.20

K052 Table B Chromium (Total)

7440-47-32

1.7

Nickel

7440-02-20

0.20

K061 Table B Antimony

7440-36-0

2.1

Arsenic

7440-38-2

0.055

Barium

7440-39-3

7.6

Beryllium

7440-41-7

0.014

Cadmium

7440-43-9

0.19

Chromium (Total)

7440-47-32

0.33

Lead

7439-92-1

0.37

Mercury

7439-97-6

0.009

Nickel

7440-02-0

Selenium

7782-49-2

0.16

Silver

7440-22-4

0.3

Thallium

0.078

Zinc

7440-66-6

5.3

K062 Table B Chromium (Total)

7440-47-32

0.094

174

Lead

7439-92-1

0.37

K069 (Calcium Sulfate Subcategory)

Tables B

& D

Cadmium

7440-43-9

0.14

Lead

7439-92-1

0.24

K071 (Low Mercury Subcategory--less than 16 mg/kg Mercury)

K071 Table B Mercury

7439-97-6

0.025

K083 Table B Nickel

7440-02-20

0.088

K084 Table B Arsenic

7440-38-2

5.6 #A

K086 Table B Chromium (Total)

7440-47-32

Lead

7439-92-1

0.37

K087 Table B Lead

7439-92-1

0.51

K100 Table B Cadmium

7440-43-9

0.066

Chromium (Total)

7440-47-32

5.2

Lead

7439-92-1

0.51

K101 Table B Arsenic

7440-38-2

5.6 #A

K102 Table B Arsenic

7440-38-2

5.6 #A

K106 (Low Mercury Subcategory--less than 260 mg/kg Mercury--residues from RMERC)

Tables B

& D

Mercury

7439-97-6

0.020

K106 (Low Mercury Subcategory--less than 260 mg/kg Mercury--that are not residues from

RMERC)

Tables B

& D

Mercury

7439-97-6

0.20025

K115 Table B Nickel

7440-02-20

0.32

#--These

treatment standards have been based on EP Leachate analysis but this does not preclude

the use of TCLP analysis.

*--These waste codes are not subcategorized into wastewaters and nonwastewaters.

175

NA--Not Applicable.

P and U Listed Wastes

Waste

Code

See Also

Commercial

Chemical

Name

Regulated

Hazardous

Constituent

CAS No. for

Regulated

Hazardous

Constituent

Concentration

(mg/L)

Wastewaters

Concentration

(mg/L)

Nonwastewate

P010 Table B Arsenic acid

Arsenic

7440-38-2

5.6 #A

P011 Table B Arsenic

pentoxide

Arsenic

7440-38-2

5.6 #A

P012 Table B Arsenic

trioxide

Arsenic

7440-38-2

5.6 #A

P013 Table B Barium

cyanide

Barium

7440-39-3

52.

P036 Table B Dichlorophen

ylarsine

Arsenic

7440-38-2

5.6 #A

P038 Table B Diethylarsine Arsenic

7440-38-2

5.6 #A

P065 (Low Mercury Subcategory--less than 260 mg/kg Mercury--residues from RMERC)

Tables B

& D

Mercury

fulminate

Mercury

7439-97-6

0.20

P065 (Low Mercury Subcategory--less than 260 mg/kg Mercury--incinerator residues (and are

not residues from RMERC))

Tables B

& D

Mercury

fulminate

Mercury

7439-97-6

0.025

P073 Table B Nickel

carbonyl

Nickel

7440-02-20

0.32

P074 Table B Nickel

cyanide

Nickel

7440-02-20

0.32

P092 (Low Mercury Subcategory -- less than 260 mg/kg Mercury residues from RMERC)

176

Tables B

& D

Phenyl

mercury

acetate

Mercury

7439-97-6

0.20

P092 (Low Mercury Subcategory--less than 260 mg/kg Mercury--incinerator residues (and are

not residues from RMERC))

Tables B

& D

Phenyl

mercury

acetate

Mercury

7439-97-6

0.025

P099 Table B Potassium

silver cyanide

Silver

7440-22-4

0.072

P103 Table B Selenourea

Selenium

7782-49-2

5.7

P104 Table B Silver cyanide Silver

7440-22-4

0.072

P110 Table B Tetraethyl

lead

Lead

7439-92-1

0.51

P114 Table B Thallium

selenite

Selenium

7782-49-2

5.7

U032 Table B Calcium

chromate

Chromium

(Total)

7440-47-32

0.094

U051 Table B Creosote

Lead

7439-92-1

0.51

U136 Table B Cacodylic

acid

Arsenic

7440-38-2

5.6

U144 Table B Lead acetate

Lead

7439-92-1

0.51

U145 Table B Lead

phosphate

Lead

7439-92-1

0.51

U146 Table B Lead

subacetate

Lead

7439-92-1

0.51

U151 (Low Mercury Subcategory--less than 260 mg/kg Mercury--residues from RMERC)

Tables B

& D

Mercury

7439-97-6

0.20

U151 (Low Mercury Subcategory--less than 260 mg/kg Mercury--that are not residues from

177

RMERC)

Tables B

& D

Mercury

7439-97-6

Table B Selenium

dioxide

Selenium

7782-49-2

5.7

U205 Table B Selenium

sulfide

Selenium

7782-49-2

5.7

#A--These treatment standards have been based on EP Leachate analysis but this does not

preclude the use of TCLP analysis.

*B--These waste codes are not subcategorized into wastewaters and nonwastewaters.

NA--Not Applicable.

(Source: Amended at 18 Ill. Reg. _________, effective ______________________)

Section 728.Table B Constituent Concentrations in Wastes (CCW)

D, F and K Listed Wastes

Waste

Code

See Also

Regulated Hazardous

Constituent

CAS No. for

Regulated

Hazardous

Constituent

Concentration

(mg/L)

Wastewaters

Concentration

(mg/L)

Nonwastewate

D003 (Reactive cyanides subcategory--based on Cyanides (Amenable) 35 Ill. Adm. Code

721.123(a)(5))

Cyanides (Total)

57-12-5

Res.

# 590. C

Cyanides (Amenable)

57-12-5

0.86

30.

D004 Table A Arsenic

7440-38-2

5.0

D005 Table A Barium

7440-39-3

100.

D006 Table A Cadmium

7440-43-9

1.0

D007 Table A Chromium (Total)

7440-47-32

5.0

D008 Table A Lead

7439-92-1

5.0

178

D009 Table A Mercury

7439-97-6

0.20

D010 Table A Selenium

7782-49-2

1.0

D011 Table A Silver

7440-22-4

5.0

D012 Table D Endrin

720-20-8

0.13 A

D013 Table D Lindane

58-89-9

0.066 A

D014 Table D Methoxychlor

72-43-5

0.18 A

D015 Table D Toxaphene

8001-35-1

1.3 A

D016 Table D 2,4-D

94-75-7

10.0 A

D017 Table D 2,4,5-TP Silvex

93-76-5

7.9 A

F001-F005 spent solvents

179

Acetone

67-64-1

0.28

160.

Benzene

71-43-2

0.070

n-Butyl alcohol

71-36-3

5.6

2.6

Carbon tetrachloride

56-23-5

0.057

5.6

Chlorobenzene

108-90-7

0.057

5.7

Cresol (m- and p-isomers)

0.77

3.2

o-cresol

0.11

5.6

o-Dichlorobenzene

95-50-1

0.088

6.2

Ethyl acetate

141-7-6

0.34

33.

Ethyl benzene

100-41-4

0.057

6.0

Ethyl ether

60-29-7

0.12

160.

Isobutyl alcohol

78-83-1

5.6

170.

Methylene chloride

75-9-2

0.089

33.

Methyl ethyl ketone

78-93-3

0.28

36.

Methyl isobutyl ketone

108-10-1

0.14

33.

Nitrobenzene

98-95-3

0.068

14.

Pyridine

110-86-1

0.014

16.

Tetrachloroethylene

127-18-4

0.056

5.6

Toluene

108-88-3

0.08

28.

1,1,1-Trichloroethane

71-55-6

0.054

5.6

1,1,2-Trichloroethane

79-00-5

0.030 a

7.6 A

Trichloroethylene

79-01-6

0.054

5.6

1,1,2-Trichloro-1,2,2-

trifluoromethane

76-13-1

0.057

28.

Trichloromono-fluoromethane

75-69-4

0.02

33.

Xylenes (total)

0.32

28.

F006 Table A Cyanides (Total)

57-12-5

1.2

590.

Cyanides (Amenable)

57-12-5

0.86

30.

Cadmium

7440-43-9

1.6

Chromium

7440-47-32

0.32

Lead

7439-92-1

0.040

Nickel

7440-02-20

0.44

F007 Table A Cyanides (Total)

57-12-5

1.9

590.

Cyanides (Amenable)

57-12-5

0.1

30.

Chromium (Total)

7440-47-32

0.32

Lead

7439-92-1

0.04

Nickel

7440-02-20

0.44

F008 Table A Cyanides (Total)

57-12-5

1.9

590.

Cyanides (Amenable)

57-12-5

0.13

30.

Chromium

7440-47-32

0.32

Lead

7439-92-1

0.04

180

Nickel

7440-02-20

0.44

F009 Table A Cyanides (Total)

57-12-5

1.95

590.

Cyanides (Amenable)

57-12-5

0.1

30.

Chromium

7440-47-32

0.32

Lead

7439-92-1

0.04

Nickel

7440-02-20

0.44

F010 NA

Cyanides (Total)

57-12-5

1.9

1.5

Cyanides (Amenable)

57-12-5

0.1

F011 Table A Cyanides (Total)

57-12-5

1.9

110.

Cyanides (Amenable)

57-12-5

0.1

9.1

Chromium (Total)

7440-47-32

0.32

Lead

7439-92-1

0.04

Nickel

7440-02-20

0.44

F012 Table A Cyanides (Total)

57-12-5

1.9

110.

Cyanides (Amenable)

57-12-5

0.1

Chromium (Total)

7440-47-32

0.32

Lead

7439-92-1

0.04

Nickel

7440-02-20

0.44

F019 Table A Cyanides (Total)

57-12-5

1.2

R 590. C

Cyanides (Amenable)

57-12-5

0.86

R 30. C

Chromium (Total)

7440-47-32

0.32

F024 (Note: F024 organic standards must be treated via incineration (INCIN))

Tables A

& D

2-Chloro-1,3-butadiene

126-99-8

0.28 A

a 0.28 A

3-Chloropropene

107-05-1

a 0.28 A

1,1-Dichloroethane

75-34-3

a 0.014 A

1,2-Dichloroethane

107-06-2

0.014 A

a 0.014 A

1,2-Dichloropropane

78-87-5

0.014 A

a 0.014 A

cis-1,3-Dichloropropene

10061-01-5

a 0.014 A

trans-1,3-Dichloropropene

10061-02-6

0.014 A

a 0.014 A

Bis(2-ethylhexyl)phthalate

117-81-7

a 0.036 A

a 1.8 A

Hexachloroethane

67-72-1

0.036 A

a 1.8 A

Chromium (Total)

7440-47-32

0.35

Nickel

7440-02-20

0.47

F025 (Light ends subcategory)

181

Chloroform

67-636-3

s 0.046 B

a 6.2 A

1,2-Dichloroethane

107-06-2

s 0.21 B

a 6.2 A

1,1-Dichloroethylene

75-35-4

s 0.025 B

a 6.2 A

Methylene chloride

75-9-2

s 0.089 B

a 31. A

Carbon tetrachloride

56-23-5

s 0.057 B

a 6.2 A

1,1,2-Trichloroethane

79-00-5

s 0.054 B

a 6.2 A

Trichloroethylene

79-01-6

s 0.054 B

s 5.6 A

Vinyl chloride

75-01-4

s 0.27 B

a 33. A

F025 (Spent filters/ or aids and desiccants subcategory)

Chloroform

67-66-3

s 0.046 B

a 6.2 A

Methylene chloride

75-9-2

0.089 B

a 31. A

Carbon tetrachloride

56-23-5

0.057 B

a 6.2 A

1,1,2-Trichloroethane

79-00-5

s 0.054 B

a 6.2 A

Trichloroethylene

79-01-6

s 0.054 B

s 5.6 A

Vinyl chloride

75-01-4

s 0.27 B

a 33. A

Hexachlorobenzene

118-74-1

s 0.055 B

a 37. A

Hexachlorobutadiene

87-68-3

s 0.055 B

a 28. A

Hexachloroethane

67-72-1

s 0.055 B

a 30. A

F037 Table A Acenaphthene

208-96-8

s 0.059 B

Anthracene

120-12-7

s 0.059 B

a 28. A

Benzene

71-43-2

s 0.14 B

a 14. A

Benzo(a)anthracene

50-32-8

s 0.059 B

a 20. A

Benzo(a)pyrene

117-81-7

s 0.061 B

a 12. A

Bis(2-ethylhexyl) phthalate

75-15-0

s 0.28 B

a 7.3 A

Chrysene

218-01-9

s 0.059 B

a 15. A

Di-n-butyl phthalate

105-67-9

s 0.057 B

a 3.6 A

Ethylbenzene

100-41-4

0.057 B

a 14. A

Fluorene

86-73-7

0.059 B

Naphthalene

91-20-3

0.059 B

a 42. A

Phenanthrene

85-01-8

s 0.059 B

a 34. A

Phenol

108-95-2

0.039 B

a 3.6 A

Pyrene

129-00-0

0.067 B

a 36. A

Toluene

108-88-3

s 0.08 B

a 14. A

Xylene(s)

0.32 B

a 22. A

Cyanides (Total)

57-12-5

a 0.028 A

Chromium (Total)

7440-47-32

0.2

Lead

7439-92-1

0.037

F038 Table A

Benzene

71-43-2

s 0.14 B

a 14. A

Benzo(a)pyrene

50-32-8

0.061 B

a 12. A

Bis(2-ethylhexyl) phthalate

117-81-7

0.28 B

a 7.3 A

Chrysene

218-01-9

0.059 B

a 15. A

182

Di-n-butyl phthalate

84-74-2

s 0.057 B

a 3.6 A

Ethylbenzene

100-41-4

s 0.057 B

a 14. A

Fluorene

86-73-7

s 0.059 B

Naphthalene

91-20-3

s 0.059 B

a 42. A

Phenanthrene

85-01-8

s 0.059 B

a 34. A

Phenol

108-95-2

s 0.039 B

a 3.6 A

Pyrene

129-00-0

s 0.067 B

a 36. A

Toluene

108-88-3

s 0.080 B

a 14. A

Xylene(s)

s 0.32 B

a 22. A

Cyanides (Total)

57-12-5

a 0.028 A

a 1.8 A

Chromium (Total)

7440-47-32

0.2

Lead

7439-92-1

0.037

F039 (and D001 and D002 wastes prohibited under Section 728.137)

Tables A

& D

Acetone

67-64-1

s 0.28 B

a 160. A

Acenaphthalene

208-96-8

s 0.059 B

a 3.4 A

Acenaphthene

83-32-9

s 0.059 B

a 4.0 A

Acetonitrile

75-05-8

s 0.17 B

Acetophenone

96-86-2

s 0.010 B

a 9.7 A

2-Acetylaminofluorene

53-96-3

s 0.059 B

a 140. A

Acrylonitrile

107-13-1

s 0.24 B

a 84. A

Acrolien

107-02-8

0.29 B

Aldrin

309-00-2

s 0.021 B

a 0.068 A

4-Aminobiphenyl

92-67-1

s 0.13 B

Aniline

62-53-3

s 0.81 B

a 14. A

Anthracene

120-12-7

s 0.059 B

a 4.0 A

Aramite

140-57-8

0.36 B

Aroclor 1016

12674-11-2

0.013 B

a 0.92 A

Aroclor 1221

11104-28-2

0.014 B

a 0.92 A

Aroclor 1232

11141-16-5

0.013 B

a 0.92 A

Aroclor 1242

53469-21-9

s 0.017 B

a 0.92 A

Aroclor 1248

12672-29-6

0.013 B

a 0.92 A

Aroclor 1254

11097-69-1

0.014 B

a 1.8 A

Aroclor 1260

11096-82-5

s 0.014 B

a 1.8 A

alpha-BHC

319-84-6

0.00014 B

a 0.066 A

beta-BHC

319-85-7

s 0.00014 B

a 0.066 A

delta-BHC

319-86-8

0.023 B

a 0.066 A

gamma-BHC

58-89-9

0.0017 B

a 0.066 A

Benzene

71-43-2

0.14 B

a 36. A

Benzo(a)anthracene

56-55-3

s 0.059 B

a 8.2 A

Benzo(b)fluoranthene

205-99-2

0.055 B

a 3.4 A

Benzo(k)fluoranthene

207-08-9

0.059 B

a 3.4 A

Benzo(g,h,i)perylene

191-24-2

0.0055 B

a 1.5 A

183

Benzo(a)pyrene

50-32-8

s 0.061 B

a 8.2 A

Bromodichloromethane

75-27-4

s 0.35 B

a 15. A

Bromoform (Tribromomethane) 75-25-2

s 0.63 B

a 15. A

Bromomethane (methyl

bromide)

74-63-9

s 0.11 B

a 15. A

4-Bromophenyl phenyl ether

101-55-3

s 0.055 B

a 15. A

n-Butyl alcohol

71-36-3

s 5.6 B

Butyl benzyl phthalate

85-68-7

s 0.017 B

a 7.9 A

2-sec-Butyl-4,6-dinitrophenol

88-85-7

s 0.066 B

a 2.5 A

Carbon tetrachloride

56-23-5

s 0.057 B

a 5.6 A

Carbon disulfide

75-15-0

s 0.014 B

Chlordane

57-74-9

0.0033 B

a 0.13 A

p-Chloroaniline

106-47-8

0.46 B

a 16. A

Chlorobenzene

108-90-7

s 0.057 B

a 5.7 A

Chlorobenzilate

510-15-6

s 0.10 B

2-Chloro-1,3-butadiene

126-99-8

0.057 B

Chlorodibromomethane

124-48-1

s 0.057 B

a 16. A

Chloroethane

75-00-3

s 0.27 B

a 6.0 A

bis(2-Chloroethoxy)methane

111-91-1

s 0.036 B

a 7.2 A

bis(2-Chloroethyl) ether

111-44-4

s 0.033 B

a 7.2 A

2-Chloroethyl vinyl ether

0.057

Chloroform

67-66-3

s 0.046 B

a 5.6 A

bis(2-Chloroisopropyl) ether

39638-32-9

s 0.055 B

a 7.2 A

p-Chloro-m-cresol

59-50-7

s 0.018 B

a 14. A

Chloromethane (Methyl

chloride)

74-87-3

s 0.19 B

a 33. A

2-Chloronaphthalene

91-8-7

s 0.055 B

a 5.6 A

2-Chlorophenol

95-57-8

s 0.044 B

a 5.7 A

3-Chloropropene

107-05-1

0.036 B

a 28. A

Chrysene

218-01-9

0.059 B

a 8.2 A

o-Cresol

95-48-7

0.11 B

a 5.6 A

Cresol (m- and p-isomers)

s 0.77 B

a 3.2 A

Cyclohexanone

108-94-1

0.36 B

1,2-Dibromo-3-chloropropane

96-12-8

0.11 B

a 15. A

1,2-Dibromoethane (Ethylene

dibromide)

106-93-4

s 0.028 B

a 15. A

Dibromomethane

74-95-3

0.11 B

a 15. A

2,4-Dichlorophenoxyacetic acid

(2,4-D)

94-75-7

0.72 B

a 10. A

o,p'-DDD

53-19-0

s 0.023 B

a 0.087 A

p,p'-DDD

72-54-8

s 0.023 B

a 0.087 A

o,p'-DDE

3424-82-6

0.031 B

a 0.087 A

p,p'-DDE

72-55-9

0.031 B

a 0.087 A

o,p'-DDT

789-02-6

0.0039 B

a 0.087 A

184

p,p'-DDT

50-29-3

s 0.0039 B

a 0.087 A

Dibenzo(a,h)anthracene

53-70-3

s 0.055 B

a 8.2 A

Dibenzo(a,e)pyrene

192-65-4

0.061 A

m-Dichlorobenzene

541-73-1

s 0.036 B

a 6.2 A

o-Dichlorobenzene

95-50-1

s 0.088 B

a 6.2 A

p-Dichlorobenzene

106-46-7

s 0.090 B

a 6.2 A

Dichlorodifluoromethane

75-71-8

s 0.23 B

a 7.2 A

1,1-Dichloroethane

75-34-3

s 0.059 B

a 7.2 A

1,2-Dichloroethane

107-06-2

s 0.21 B

a 7.2 A

1,1-Dichloroethylene

75-35-4

s 0.025 B

a 33. A

trans-1,2-Dichloroethylene

s 0.054 B

a 33. A

2,4-Dichlorophenol

120-83-2

0.044 B

a 14. A

2,6-Dichlorophenol

87-65-0

0.044 B

a 14. A

1,2-Dichloropropane

78-87-5

s 0.85 B

a 18. A

cis-1,3-Dichloropropene

10061-01-5

s 0.036 B

a 18. A

trans-1,3-Dichloropropene

10061-02-6

s 0.036 B

a 18. A

Dieldrin

60-57-1

s 0.017 B

a 0.13 A

Diethyl phthalate

84-66-2

s 0.20 B

a 28. A

p-Dimethylaminoazobenzene

60-11-3

s 0.13

2,4-Dimethyl phenol

105-67-9

s 0.036 B

a 14. A

Dimethyl phthalate

131-11-3

s 0.047 B

a 28. A

Di-n-butyl phthalate

84-74-2

s 0.057 B

1,4-Dinitrobenzene

100-25-4

s 0.32 B

a 2.3 A

4,6-Dinitro-o-cresol

534-52-1

s 0.28 B

a 160. A

2,4-Dinitrophenol

51-28-5

s 0.12 B

a 160. A

2,4-Dinitrotoluene

121-14-2

s 0.32 B

a 140. A

2,6-Dinitrotoluene

606-20-2

s 0.55 B

a 28. A

Di-n-octyl phthalate

117-84-0

s 0.017 B

a 28. A

Di-n-propylnitrosoamine

621-64-7

0.40 B

a 14. A

Diphenylamine

122-39-4

0.52 B

1,2-Diphenyl hydrazine

122-66-7

s 0.087 B

Diphenylnitrosoamine

621-64-7

0.40 B

1,4-Dioxane

123-91-1

0.12 B

a 170. A

Disulfoton

298-04-4

0.017 B

a 6.2 A

Endosulfan I

939-98-8

s 0.023 B

a 0.066 A

Endosulfan II

33213-6-5

0.029 B

a 0.13 A

Endosulfan sulfate

1031-07-8

s 0.029 B

a 0.13 A

Endrin

72-20-8

s 0.0028 B

a 0.13 A

Endrin aldehyde

7421-93-4

0.025 B

a 0.13 A

Ethyl acetate

141-78-6

0.34 B

a 33. A

Ethyl cyanide

107-12-0

s 0.24 B

360.

Ethyl benzene

100-41-4

0.057 B

a 6.0 A

Ethyl ether

60-29-7

0.12 B

a 160. A

185

bis(2-Ethylhexyl) phthalate

117-81-7

s 0.28 B

a 28. A

Ethyl methacrylate

97-63-2

s 0.14 B

a 160. A

Ethylene oxide

75-21-8

s 0.12 B

Famphur

52-85-7

s 0.017 B

a 15. A

Fluoranthene

206-44-0

s 0.068 B

a 8.2 A

Fluorene

86-73-7

s 0.059 B

a 4.0 A

Fluorotrichloromethane

75-69-4

s 0.020 B

a 33. A

Heptachlor

76-44-8

s 0.0012 B

a 0.066 A

Heptachlor epoxide

1024-57-3

s 0.016 B

a 0.066 A

Hexachlorobenzene

118-74-1

s 0.055 B

a 37. A

Hexachlorobutadiene

87-68-3

s 0.055 B

a 28. A

Hexachlorocyclopentadiene

77-47-4

0.057 B

a 3.6 A

Hexachlorodibenzofurans

0.000063 B

a 0.001 A

Hexachlorodibenzo-p-dioxins

s 0.000063 B

a 0.001 A

Hexachloroethane

67-72-1

s 0.055 B

a 28. A

Hexachloropropene

1888-71-7

s 0.035 B

a 28. A

Indeno(1,2,3,-c,d)pyrene

193-39-5

s 0.0055 B

a 8.2 A

Iodomethane

74-88-4

s 0.019 B

a 65. A

Isobutanol

78-83-1

s 5.6 B

a 170. A

Isodrin

465-73-6

s 0.021 B

a 0.066 A

Isosafrole

120-58-1

s 0.081 B

a 2.6 A

Kepone

143-50-8

s 0.0011 B

a 0.13 A

Methacrylonitrile

126-98-7

s 0.24 B

a 84. A

Methapyrilene

91-80-5

s 0.081 B

a 1.5 A

Methanol

67-56-1

5.6 B

Methoxychlor

72-43-5

s 0.25 B

a 0.18 A

3-Methylcholanthrene

56-49-5

s 0.0055 B

a 15. A

4,4-Methylene-bis-(2-

chloroaniline)

101-14-4

s 0.50 B

a 35. A

Methylene chloride

75-09-2

s 0.089 B

a 33. A

Methyl ethyl ketone

78-93-3

0.28 B

a 36. A

Methyl isobutyl ketone

108-10-1

s 0.14 B

a 33. A

Methyl methacrylate

80-62-6

0.14 B

a 160. A

Methyl methansulfonate

66-27-3

s 0.018 B

Methyl parathion

298-00-1

s 0.014 B

s 4.6 B

Naphthalene

91-20-3

0.059 B

a 3.1 A

2-Naphthylamine

91-59-8

s 0.52 B

p-Nitroaniline

100-01-6

0.028 B

Nitrobenzene

98-95-3

0.068 B

a 14. A

5-Nitro-o-toluidine

99-55-8

0.32 B

a 28. A

4-Nitrophenol

100-02-7

s 0.12 B

a 29. A

N-Nitrosodiethylamine

55-18-5

0.40 B

a 28. A

N-Nitrosodimethylamine

62-75-9

0.40 B

N-Nitroso-di-n-butylamine

924-16-3

0.40 B

a 17. A

186

N-Nitrosomethylethylamine

105-95-6

s 0.40 B

a 2.3 A

N-Nitrosomorpholine

59-89-2

s 0.40 B

a 2.3 A

N-Nitrosopiperidine

100-75-4

s 0.013 B

a 35. A

N-Nitrosopyrrolidine

930-55-2

s 0.013 B

a 35. A

Parathion

56-38-2

s 0.0174 B

a 4.6 A

Pentachlorobenzene

608-93-5

s 0.055 B

a 37. A

Pentachlorodibenzo-furans

s 0.0000635 B

a 0.001 A

Pentachlorodibenzo-p-dioxins

s 0.000063 B

a 0.001 A

Pentachloronitrobenzene

82-68-8

s 0.055 B

a 4.8 A

Pentachlorophenol

87-86-5

s 0.089 B

a 7.4 A

Phenacetin

62-44-2

s 0.081 B

a 16. A

Phenanthrene

85-01-8

0.059 B

a 3.1 A

Phenol

108-95-2

0.039 B

a 6.2 A

Phorate

298-02-2

s 0.021 B

a 4.6 A

Propanenitrile (ethyl cyanide)

107-12-0

s 0.24

a 360.

Phthalic anhydride

85-44-9

0.69 B

Pronamide

23950-58-5

s 0.093 B

a 1.5 A

Pyrene

129-00-0

s 0.067 B

a 8.2 A

Pyridine

110-86-1

s 0.014 B

a 16. A

Safrole

94-59-7

s 0.081 B

a 22. A

Silvex (2,4,5-TP)

93-72-1

s 0.72 B

a 7.9 A

2,4,5-T

93-76-5

s 0.72 B

a 7.9 A

1,2,4,5-Tetrachlorobenzene

95-94-3

s 0.055 B

a 19. A

Tetrachlorodibenzofurans

s 0.000063 B

a 0.001 A

Tetrachlorodibenzo-p-dioxins

s 0.000063 B

a 0.001 A

2,3,7,8-Tetrachlorodibenzo-p-

dioxin

s 0.000063

1,1,1,2-Tetrachloroethane

630-20-6

s 0.057 B

a 42. A

1,1,2,2-Tetrachloroethane

79-34-6

0.057 B

a 42. A

Tetrachloroethylene

127-18-4

s 0.056 B

a 5.6 A

2,3,4,6-Tetrachlorophenol

58-90-2

0.030 B

a 37. A

Toluene

108-88-3

s 0.080 B

a 28. A

Toxaphene

8001-35-1

0.0095 B

a 1.3 A

1,2,4-Trichlorobenzene

120-82-1

0.055 B

a 19. A

1,1,1-Trichloroethane

71-55-6

s 0.054 B

a 5.6 A

1,1,2-Trichloroethane

79-00-5

0.054 B

a 5.6 A

Trichloroethylene

79-01-6

s 0.054 B

a 5.6 A

2,4,5-Trichlorophenol

95-95-4

0.18 B

a 37. A

2,4,6-Trichlorophenol

88-06-2

0.035 B

a 37. A

1,2,3-Trichloropropane

96-18-4

0.85 B

a 28. A

1,1,2-Trichloro-1,2,2-

trifluoroethane

76-13-1

s 0.057 B

a 28. A

Tris(2,3-dibromopropyl)phosph

ate

126-72-7

0.11 B

187

Vinyl chloride

75-01-4

s 0.27 B

a 33. A

Xylene(s)

s 0.32 B

a 28. A

Cyanides (Total)

57-12-5

s 1.2 B

a 1.8 A

Cyanides (Amenable)

57-12-5

s 0.86

Fluoride

16964-48-8

s 35. B

Sulfide

8496-25-8

s 14. B

Antimony

7440-36-0

s 1.9 B

Arsenic

7440-38-2

s 51.04 B

Barium

7440-39-3

s 1.2 B

Beryllium

7440-41-7

s 0.82 B

Cadmium

7440-43-9

s 0.20 B

Chromium (Total)

7440-47-32

0.37 B

Copper

7440-50-8

1.3 B

Lead

7439-92-1

s 0.28 B

Mercury

7439-97-6

s 0.15 B

Nickel

7440-02-2

s 0.55 B

Selenium

7782-49-2

s 0.82 B

Silver

7440-22-4

s 0.29 B

Thallium

7440-28-0

1.4 B

Vanadium

7440-62-2

s 0.042 B

Zinc

7440-66-0

1.0 B

K001 Table A Naphthalene

91-20-3

a 0.031 A

a 1.5 A

Pentachlorophenol

87-86-5

a 0.031 A

a 1.5 A

Phenanthrene

85-01-8

a 0.0318 A

a 17.54 A

Pyrene

129-00-0

a 0.028 A

a 1.5 A

Toluene

1068-88-3

a 0.028 A

a 28. A

Xylenes (Total)

a 0.032 A

a 33. A

Lead

7439-92-1

0.037 A

K002 Table A Chromium (Total)

7440-47-32

s 20.9 B

Lead

7439-92-1

s 3.4 B

K003 Table A Chromium (Total)

7440-47-32

s 20.9 B

Lead

7439-92-1

s 3.4 B

K004 Table A Chromium (Total)

7440-47-32

s 20.9

Lead

7439-92-1

3.4 B

K005 Table A Chromium (Total)

7440-47-32

s 20.9 B

Lead

7439-92-1

s 3.4 B

Cyanides (Total)

57-12-5

0.74 B

K006 Table A Chromium (Total)

7440-47-32

s 20.9 B

188

Lead

7439-92-1

s 3.4 B

K007 Table A Chromium (Total)

7440-47-32

s 20.9 B

Lead

7439-92-1

s 3.4 B

R NA D

Cyanides (Total)

57-12-5

s 0.74 B

K008 Table A Chromium (Total)

7440-47-32

s 20.9 B

Lead

7439-92-1

s 3.4 B

K009 NA

Chloroform

67-66-3

0.1

a 6.0 A

K010 NA

Chloroform

67-66-3

0.1

6.0

K011 NA

Acetonitrile

75-05-8

38.

1.8

Acrylonitrile

107-13-1

0.06

1.4

Acrylamide

79-06-1

19.

23.

Benzene

71-43-2

0.02

0.03

Cyanide (Total)

57-12-5

21.

57.

K013 NA

Acetonitrile

75-05-8

38.

a 1.8 A

Acrylonitrile

107-13-1

0.06

a 1.4 A

Acrylamide

79-06-1

19.

a 23. A

Benzene

71-43-2

0.02

a 0.03 A

Cyanide (Total)

57-12-5

21.

K014 NA

Acetonitrile

75-05-8

38.

a 1.8 A

Acrylonitrile

107-13-1

0.06

1.4 A

Acrylamide

79-06-1

19.

23. A

Benzene

71-43-2

0.02

0.03 A

Cyanide (Total)

57-12-5

21.

57.

K015 Table A Anthracene

120-12-7

0.059

a 3.4 A

Benzal Chloride

98-87-3

0.28

a 6.2 A

Sum of Benzo(b)fluoranthene

and Benzo(k)fluoranthene

207-08-9

0.055

3.4

Phenanthrene

85-01-8

0.059

a 3.4 A

Toluene

108-88-3

0.08

6.0 A

Chromium (Total)

7440-47-32

0.32

Nickel

7440-02-0

0.44

K016 NA

Hexachlorobenzene

118-74-1

0.055

a 28. A

Hexachlorobutadiene

87-68-3

0.055

5.6 A

189

Hexachlorocyclopentadiene

77-47-4

0.057

a 5.6 A

Hexachloroethane

67-72-1

0.055

a 28. A

Tetrachloroethene

127-18-4

0.056

a 6.0 A

K017 NA

1,2-Dichloropropane

78-87-5

s a 0.85 A B a 218. A

1,2,3-Trichloropropane

96-18-4

s a 0.85 A B

a 28. A

Bis(2-chloroethyl)ether

111-44-4

s a 0.033 A B

a 7.2 A

K018 NA

Chloroethane

76-00-3

0.27

a 6.0 A

Chloromethane

74-87-3

0.19

1,1-Dichloroethane

75-34-3

0.059

a 6.0 A

1,2-Dichloroethane

107-06-2

0.21

6.0 A

Hexachlorobenzene

118-74-1

0.055

28. A

Hexachlorobutadiene

87-68-3

0.055

a 5.6 A

Pentachloroethane

76-01-7

5.6

1,1,1-Trichloroethane

71-55-6

0.054

6.0

Hexachloroethane

67-72-1

0.055

a 28. A

K019 NA

Bis(2-chloroethyl) ether

111-44-4

0.033

a 5.6 A

Chlorobenzene

108-90-7

0.057

a 6.0 A

Chloroform

67-66-3

0.046

a 6.0 A

p-Dichlorobenzene

106-46-7

0.09

1,2-Dichloroethane

107-06-2

0.21

a 6.0 A

Fluorene

86-73-7

0.059

Hexachloroethane

67-72-1

0.055

a 28. A

Naphthalene

91-20-3

0.059

a 5.6 A

Phenanthrene

85-01-8

0.059

a 5.6 A

1,2,4,5- Tetrachlorobenzene

95-94-3

0.055

Tetrachloroethene

127-18-4

0.056

6.0 A

1,2,4-Trichlorobenzene

120-82-1

0.055

19. A

1,1,1-Trichloroethane

71-55-6

0.054

6.0 A

K020 NA

1,2-Dichloroethane

106-93-4

0.21

a 6.0 A

1,1,2,2-Tetrachloroethane

79-34-6

0.057

5.6 A

Tetrachloroethene

127-18-4

0.056

a 6.0 A

K021 Table A Chloroform

67-66-3

0.046 B

a 6.2 A

Carbon tetrachloride

58-23-5

0.057 B

a 6.2 A

Antimony

58-23-

57440-36-0

0.6057 B

a 6.2 A

K022 Table A Toluene

108-88-3

s 0.0680 B

Acetophenone

96-86-2

0.010

19. A

Diphenylamine

22-39-4

0.52 B

190

Diphenylnitrosamine

86-30-6

s 0.40 B

Sum of Diphenylamine and

Diphenylnitrosamine

a 13. A

Phenol

108-95-2

0.039

a 12. A

Chromium (Total)

7440-47-32

0.35

Nickel

7440-02-0

0.47

K023 NA

Phthalic anhydride (measured as

Phthalic acid)

85-44-9

0.069

a 28. A

K024 NA

Phthalic anhydride (measured as

Phthalic acid)

85-44-9

0.069

a 28. A

K028 Table A 1,1-Dichloroethane trans-1,2-

75-34-3

0.059

a 6.0 A

Dichloroethane

0.054

a 6.0 A

Hexachlorobutadiene

87-68-3

0.055

a 5.6 A

Hexachloroethane

67-72-1

0.055

a 28. A

Pentachloroethane

76-01-7

a 5.6 A

1,1,1,2-Tetrachloroethane

630-20-6

0.057

a 5.6 A

1,1,2,2-Tetrachloroethane

79-34-6

0.057

a 5.6 A

1,1,1,-Trichloroethane

71-55-6

0.054

a 6.0 A

1,1,2-Trichloroethane

79-00-5

0.054

a 6.0 A

Tetrachloroethylene

127-18-4

0.056

a 6.0 A

Cadmium

7440-43-9

6.4

Chromium (Total)

7440-47-32

0.35

Lead

7439-92-1

0.037

Nickel

7440-02-0

0.47

K029 NA

Chloroform

67-66-3

0.46

a 6.0 A

1,2-Dichloroethane

107-06-2

0.21

6.0 A

1,1-Dichloroethylene

75-35-4

0.025

6.0 A

1,1,1-Trichloroethane

71-55-6

0.054

a 6.0 A

Vinyl chloride

75-01-4

0.27

6.0 A

K030 NA

o-Dichlorobenzene

95-50-1

0.088

p-Dichlorobenzene

106-46-7

0.09

Hexachlorobutadiene

87-68-3

0.055

5.6 A

Hexachloroethane

67-72-1

0.055

28. A

Hexachloropropene

1888-71-7

19. A

Pentachlorobenzene

608-93-5

28. A

Pentachloroethane

76-01-7

a 5.6 A

1,2,4,5-Tetrachlorobenzene

95-94-3

0.055

14. A

Tetrachloroethene

127-18-4

0.056

6.0 A

1,2,4-Trichlorobenzene

120-82-1

0.055

19. A

191

K031 Table A Arsenic

7440-38-2

0.79

K032 NA

Hexachlorocyclopentadiene

77-47-4

s 0.057 B

a 24. A

Chlordane

57-74-9

s 0.0033 B

a 0.26 A

Heptachlor

76-44-8

s 0.0012 B

a 0.066 A

Heptachlor epoxide

1024-57-3

s 0.016 B

a 0.066 A

K033 NA

Hexachlorocyclopentadiene

77-47-4

s 0.057 B

a 2.4 A

K034 NA

Hexachlorocyclopentadiene

77-47-4

s 0.057 B

a 2.4 A

K035 NA

Acenaphthene

83-32-9

Anthracene

120-12-7

a 3.4 A

Benz(a)anthracene

56-55-3

s 0.59 B

a 3.4 A

Benzo(a)pyrene

50-32-8

a 3.4 A

Chrysene

218-01-9

s 0.059 B

a 3.4 A

Dibenz(a,h)anthracene

53-70-3

a 3.4 A

Fluoranthene

206-44-0

s 0.068 B

a 3.4 A

Fluorene

86-73-7

a 3.4 A

Indeno(1,2,3-cd)pyrene

193-39-5

a 3.4 A

Cresols (m- and p-isomers)

s 0.77 B

Naphthalene

91-20-3

s 0.059 B

a 3.4 A

o-Cresol

95-48-7

s 0.11 B

Phenanthrene

85-01-8

s 0.059 B

a 3.4 A

Phenol

108-95-2

0.039

Pyrene

129-00-0

s 0.067 B

a 8.2 A

K036 NA

Disulfoton

298-04-4

s 0.025 B

a 0.1 A

K037 NA

Disulfoton

298-04-4

s 0.025 B

a 0.1 A

Toluene

108-88-3

s 0.080 B

a 28. A

K038 NA

Phorate

298-02-2

0.025

a 0.1 A

K040 NA

Phorate

298-02-2

0.025

a 0.1 A

K041 NA

Toxaphene

8001-35-1

s 0.0095 B

a 2.6 A

K042 NA

1,2,4,5-Tetrachlorobenzene

95-94-3

s 0.055 B

a 4.4 A

o-Dichlorobenzene

95-50-1

s 0.088 B

a 4.4 A

p-Dichlorobenzene

106-46-7

0.090 B

a 4.4 A

Pentachlorobenzene

8608-93-5

s 0.055 B

a 4.4 A

192

1,2,4-Trichlorobenzene

120-82-1

s 0.055 B

a 4.4 A

K043 NA

2,4-Dichlorophenol

120-83-2

0.044

a 0.38 A

2,6-Dichloropheno

187-65-0

0.044

a 0.34 A

2,4,5-Trichlorophenol

95-95-4

0.18

a 8.2 A

2,4,6-Trichlorophenol

88-06-2

0.035

a 7.6 A

Tetrachlorophenols (Total)

a 0.68 A

Pentachlorophenol

87-86-5

0.089

a 1.9 A

Tetrachloroethene

79-01-6

0.056

a 1.7 A

Hexachlorodibenzo-p-dioxins

0.0000

a 0.001 A

Hexachlorodibenzofurans

0.0000

0.001 A

Pentachlorodibenzo-p-dioxins

0.0000

0.001 A

Pentachlorodibenzo furans

0.0000

a 0.001 A

Tetrachlorodibenzo-p-dioxins

0.0000

a 0.001 A

Tetrachlorodibenzo furans

0.0000

a 0.001 A

K046 Table A Lead

7439-92-1

0.037

K048 Table A Benzene

71-43-2

s 0.14 B

a 14. A

Benzo(a)pyrene

50-32-8

s 0.061 B

a 12. A

Bis(2-ethylhexyl) phthalate

117-81-7

s 0.28 B

a 7.3 A

Chrysene

218-01-9

s 0.059 B

a 15. A

Di-n-butylphthalate

84-74-2

0.057 B

a 3.6 A

Ethylbenzene

100-41-4

0.057 B

a 14. A

Fluorene

86-73-7

0.059 B

Naphthalene

91-20-3

s 0.059 B

a 42. A

Phenanthrene

85-01-8

0.059 B

a 34. A

Phenol

108-95-2

0.039 B

Pyrene

129-00-0

s 0.067 B

a 36. A

Toluene

108-88-3

0.080 B

a 14. A

Xylene(s)

s 0.32 B

a 22. A

Cyanides (Total)

57-12-5

0.028 A

a 1.8 A

Chromium (Total)

7440-47-32

0.2

Lead

7439-92-1

0.037

K049 Table A

Anthracene

120-12-7

s 0.059 B

a 28. A

Benzene

71-43-2

0.14 B

a 14. A

Benzo(a)pyrene

117-81-7

0.061 B

a 12. A

193

Bis(2-ethylhexyl) phthalate

75-150-0

s 0.28 B

a 7.3 A

Carbon disulfide

75-15-0

s 0.014 B

Chrysene

2218-01-9

s 0.059 B

a 15. A

2,4-Dimethyl phenol

105-67-9

s 0.036 B

Ethylbenzene

100-41-4

s 0.057 B

a 14. A

Naphthalene

91-20-3

s 0.059 B

a 42. A

Phenanthrene

85-01-8

s 0.059 B

a 34. A

Phenol

108-95-2

s 0.039 B

a 3.6 A

Pyrene

129-00-0

s 0.067 B

a 36. A

Toluene

108-88-3

s 0.08 B

a 14. A

Xylene(s)

s 0.32 B

a 22. A

Cyanides (Total)

56-12-5

0.028 A

a 1.8 A

Chromium (Total)

7440-47-32

0.2

K050 Table A

Lead

7439-92-1

0.037

Benzo(a)pyrene

50-32-8

s 0.061 B

a 12. A

Phenol

108-95-2

s 0.039 B

a 3.6 A

Cyanides (Total)

57-12-5

a 0.028 A

a 1.8 A

Chromium (Total)

7440-47-32

0.2

Lead

7439-29-1

0.037

K051 Table A Acenaphthene

83-32-

9208-96-8

s 0.059 B

Anthracene

120-12-7

s 0.059 B

a 28. A

Benzene

71-43-2

s 0.14 B

a 14. A

Benzo(a) anthracene

50-32-

8117-81-7

s 0.059 B

a 20. A

Benzo(a)pyrene

117-81-7

s 0.061 B

a 12. A

Bis(2-ethylhexyl) phthalate

75-15-0

0.28 B

a 7.3 A

Chrysene

2218-01-9

0.059 B

a 15. A

Di-n-butyl phthalate

105-67-9

0.057 B

a 3.6 A

Ethylbenzene

100-41-4

s 0.057 B

a 14. A

Fluorene

86-73-7

0.059 B

Naphthalene

91-20-3

0.059 B

a 42. A

Phenanthrene

85-01-8

s 0.059 B

a 34. A

Phenol

108-95-2

0.039 B

a 3.6 A

Pyrene

129-00-0

s 0.067 B

a 36. A

Toluene

108-88-3

0.08 B

a 14. A

Xylene(s)

0.32 B

a 22. A

Cyandides (Total)

57-12-5

0.028 A

a 1.8 A

Chromium (Total)

7440-47-32

0.2

Lead

7439-29-1

0.037

Benzene

71-43-2

s 0.14 B

a 14. A

194

Benzo(a)pyrene

50-32-8

s 0.061 B

a 12. A

K052 Table A o-Cresol

95-48-7

s 0.11 B

a 6.2 A

p-Cresol

106-44-5

s 0.77 B

a 6.2 A

2,4-Dimethylphenol

105-67-9

s 0.036 B

Ethylbenzene

100-41-4

s 0.057 B

a 14. A

Naphthalene

91-20-3

s 0.059 B

Phenanthrene

85-01-8

s 0.059 B

a 34. A

Phenol

108-95-2

s 0.039 B

a 3.6 A

Toluene

108-88-3

s 0.08 B

a 14. A

Xylenes

s 0.32 B

a 22. A

Cyanides (Total)

56-12-5

0.028 A

a 1.8 A

Chromium (Total)

7440-47-32

0.2

Lead

7439-92-1

0.037

K060 NA

Benzene

71-43-2

s 0.17 B

a 0.071 A

Benzo(a)pyrene

50-32-8

s 0.035 B

a 3.6 A

Naphthalene

91-20-3

s 0.028 B

a 3.4 A

Phenol

108-95-2

s 0.042 B

a 3.4 A

Cyanides (Total)

57-12-5

1.9

1.2

K061 Tables A

& D

Cadmium

7440-43-9

1.61

Chromium (Total)

7440-47-32

0.32

Lead

7439-92-1

0.51

Nickel

7440-02-20

0.44

K062 Table A Chromium (Total)

7440-47-32

0.32

Lead

7439-92-1

0.04

Nickel

7440-02-20

0.44

K069 Tables A

& D

Cadmium

7440-43-9

1.6

Lead

7439-92-1

0.51

K071 Table A Mercury

7439-97-6

0.030

K073 NA

Carbon tetrachloride

58-23-5

s 0.057 B

a 6.2 A

Chloroform

67-66-3

0.046 B

a 6.2 A

Hexachloroethane

67-72-1

0.055 B

a 30. A

Tetrachloroethene

127-18-4

s 0.056 B

a 6.2 A

1,1,1-Trichloroethane

71-55-6

0.054 B

a 6.2 A

K083 Table A Benzene

71-43-2

s 0.14 B

a 6.6 A

195

Aniline

62-53-3

s 0.81 B

a 14. A

Diphenylamine

22-39-4

s 0.52 B

Diphenylnitrosamine

86-30-6

s 0.40 B

Sum of Diphenylamine and

Diphenylnitrosamine

a 14. A

Nitrobenzene

98-95-3

s 0.068 B

a 14. A

Phenol

108-95-2

0.039

a 5.6 A

Cyclohexanone

108-94-1

0.36

a 30. A

Nickel

7440-02-20

0.47

K084 NA

Arsenic

7440-38-2

0.79

K085 NA

Benzene

71-43-2

s 0.14 B

a 4.4 A

Chlorobenzene

108-90-7

s 0.057 B

a 4.4 A

o-Dichlorobenzene

95-50-1

s 0.088 B

a 4.4 A

m-Dichlorobenzene

541-73-1

s 0.036 B

a 4.4 A

p-Dichlorobenzene

106-46-7

s 0.090 B

a 4.4 A

1,2,4-Trichlorobenzene

120-82-1

s 0.055 B

a 4.4 A

1,2,4,5-Tetrachlorobenzene

95-94-3

s 0.055 B

a 4.4 A

Pentachlorobenzene

608-93-5

0.055

a 4.4 A

Hexachlorobenzene

118-74-1

s 0.055 B

a 4.4 A

Aroclor 1016

12674-11-2

s 0.013 B

a 0.9 A

Aroclor 1221

11104-28-2

s 0.014 B

a 0.92 A

Aroclor 1232

11141-16-5

s 0.013 B

a 0.92 A

Aroclor 1242

53469-21-9

s 0.017 B

Aroclor 1248

12672-29-6

s 0.013 B

a 0.92 A

Aroclor 1254

11097-69-1

s 0.014 B

a 1.8 A

Aroclor 1260

11096-82-5

s 0.014 B

a 1.8 A

K086 Table A Acetone

67-64-1

0.28

a 160. A

Acetophenone

96-86-2

0.010

9.7 A

Bis(2-ethylhexyl)phthalate

117-81-7

s 0.28 B

a 28. A

n-Butyl alcohol

71-36-3

5.6

2.6 A

Butylbenzylphthalate

85-68-7

0.017 B

a 7.9 A

cyclohexanone

108-94-1

0.36

1,2-Dichlorobenzene

95-50-1

0.088

6.0 A

Diethyl phthalate

84-66-2

s 0.20 B

a 28. A

Dimethyl phthalate

131-11-3

0.047 B

a 28. A

Di-n-butyl phthalate

84-74-2

0.057 B

a 28. A

Di-n-octyl phthalate

117-84-0

0.017 B

a 28. A

Ethyl acetate

141-78-6

s 0.34 B

a 33. A

Ethylbenzene

100-41-4

0.057 B

a 6.0 A

Methanol

67-56-1

5.6 B

Methyl isobutyl ketone

108-10-1

0.14

33. A

196

Methyl ethyl ketone

78-93-3

0.28

a 36. A

Methylene chloride

75-09-2

s 0.089 B

a 33. A

Naphthalene

91-20-3

s 0.059 B

a 3.1 A

Nitrobenzene

98-95-3

s 0.068 B

a 14. A

Toluene

108-88-3

s 0.080 B

a 28. A

1,1,1-Trichloroethane

71-55-6

s 0.054 B

a 5.6 A

Trichloroethylene

79-01-6

s 0.054 B

a 5.6 A

Xylene(s) (Total)

(Total)

s 0.32 B

a 28. A

Cyanides (Total)

57-12-5

1.9

1.5

Chromium (Total)

7440-47-32

0.32

Lead

7439-92-1

0.037

K087 Table A Acenaphthalene

208-96-8

s 0.059 B 3.4

Benzene

71-43-2

s 0.14 B

a 0.071 A

Chrysene

218-01-9

s 0.059 B

a 3.4 A

Fluoranthene

206-44-0

s 0.068 B

a 3.4 A

Indeno (1,2,3-cd) pyrene

193-39-5

s 0.0055 B

a 3.4 A

Naphthalene

91-20-3

s 0.059 B

a 3.4 A

Phenanthrene

85-01-8

s 0.059 B

a 3.4 A

Toluene

108-88-3

s 0.08 B

a 0.65 A

Xylenes

s 0.32 B

a 0.07 A

Lead

7439-92-1

0.037

K093 NA

Phthalic anhydride (measured as

Phthalic acid)

85-44-9

0.069

a 28. A

K094 NA

Phthalic anhydride (measured as

Phthalic acid)

85-44-9

0.069

a 28. A

K095 NA

1,1,1,2-Tetrachloroethane

630-20-6

0.057

a 5.6 A

1,1,2,2-Tetrachloroethane

79-34-6

0.057

5.6 A

Tetrachloroethene

127-18-4

0.056

a 6.0 A

1,1,2-Trichloroethane

79-00-5

0.054

6.0 A

Trichloroethylene

79-01-6

0.054

5.6 A

Hexachloroethane

67-72-1

0.055

a 28. A

Pentachloroethane

76-01-7

0.055

5.6 A

K096 NA

1,1,1,2-Tetrachloroethane

630-20-6

0.057

a 5.6 A

1,1,2,2-Tetrachloroethane

79-34-6

0.057

5.6 A

Tetrachloroethene

127-18-4

0.056

6.0 A

1,1,2-Trichloroethane

79-00-5

0.054

Trichloroethene

(Trichloroethylene)

79-01-6

0.054

5.6 A

1,3-Dichlorobenzene

541-73-1

0.036

a 5.6 A

197

Pentachloroethane

76-01-7

0.055

a 5.6 A

1,2,4-Trichlorobenzene

120-82-1

0.055

a 19. A

K097 NA

Hexachlorocyclopentadiene

77-47-4

s 0.057 B

2.4

Chlordane

57-74-9

s 0.0033 B

a 0.26 A

Heptachlor

76-44-8

s 0.0012 B

a 0.066 A

Heptachlor epoxide

1024-57-3

s 0.016 B

a 0.066 A

K098 NA

Toxaphene

8001-35-1

s 0.0095 B

a 2.6 A

K099 NA

2,4-Dichlorophenoxyacetic acid 94-75-7

a 1.0 A

Hexachlorodibenzo-p-dioxins

0.001 A

a 0.001 A

Hexachlorodibenzofurans

0.001 A

a 0.001 A

Pentachlorodibenzo-p-dioxins

a 0.001 A

Pentachlorodibenzofurans

a 0.001 A

Tetrachlorodibenzo-p-dioxins

a 0.001 A

Tetrachlorodibenzofurans

a 0.001 A

K100 Table A Cadmium

7440-43-9

1.6

Chromium (Total)

7440-47-32

0.32

Lead

7439-92-1

0.51

K101 NA

o-Nitroaniline

a 0.27 A

a 14. A

Arsenic

7440-38-2

0.79

Cadmium

7440-43-9

0.24

Lead

7439-92-1

0.17

Mercury

7439-97-6

0.082

K102 Table A o-Nitrophenol

0.028 A

a 13. A

Arsenic

7440-38-2

0.79

Cadmium

7440-43-9

0.24

Lead

7439-92-1

0.17

Mercury

7439-97-6

0.082

K103 NA

Aniline

62-53-3

a 4.5 A

5.6

Benzene

71-43-2

0.15 A

a 6.0 A

2,4-Dinitrophenol

51-28-5

a 0.61 A

a 5.6 A

Nitrobenzene

98-95-3

0.073 A

a 5.6 A

Phenol

108-95-2

1.4 A

a 5.6 A

K104 NA

Aniline

62-53-3

a 4.5 A

a 5.6 A

Benzene

71-43-2

0.15 A

a 6.0 A

2,4-Dinitrophenol

51-28-5

0.61 A

a 5.6 A

Nitrobenzene

98-95-3

0.073 A

a 5.6 A

198

Phenol

108-95-2

a 1.4 A

a 5.6 A

Cyanides (Total)

57-12-5

2.7

a 1.8 A

K105 NA

Benzene

71-43-2

0.14

a 4.4 A

Chlorobenzene

108-90-7

0.057

a 4.4 A

o-Dichlorobenzene

95-50-1

0.088

a 4.4 A

p-Dichlorobenzene

106-46-7

0.090

a 4.4 A

2,4,5-Trichlorophenol

95-95-4

0.18

a 4.4 A

2,4,6-Trichlorophenol

88-06-2

0.035

a 4.4 A

2-Chlorophenol

95-57-8

0.044

a 4.4 A

Phenol

108-95-2

0.039

Tables A

& D

Mercury

7439-97-6

0.030

K115 Table A Nickel

7440-02-20

0.47

K111 NA

2,4-Dinitrotoluene

121-14-2

0.32

a 140. A

2,6-Dinitrotoluene

606-20-2

0.55

a 28. A

K117 NA

Ethylene dibromide

106-93-4

0.028

a 15. A

Methyl bromide

74-83-9

0.11

a 15. A

Chloroform

67-66-3

0.046

a 5.6 A

K118 NA

Ethylene dibromide

106-93-4

0.028

a 15. A

Methyl bromide

74-83-9

0.11

a 15. A

Chloroform

67-66-3

0.046

a 5.6 A

K131 NA

Methyl bromide

74-83-9

0.11

a 15. A

K132 NA

Methyl bromide

74-83-9

0.11

a 15. A

K136 NA

Ethylene dibromide

106-93-4

0.028

a 15. A

Methyl bromide

74-83-9

0.11

15. A

Chloroform

67-66-3

0.046

a 5.6 A

Treatment standards for this organic constituent were established based upon incineration

in units operated in accordance with the technical requirements of 35 Ill. Adm. Code

724.Subpart O or 725.Subpart O, or based upon combustion in fuel substitution units

operating in accordance with applicable technical requirements. A facility may certify

compliance with these treatment standards according to provisions in Section 728.107.

Based on analysis of composite samples.

199

As analyzed using SW-846 Method 9010; sample size: 0.5-10; distillation time: one hour

to one hour and fifteen minutes.

Not Applicable.

TABLE B (CCW): P AND U LISTED WASTES

Waste

Code

Commercial

Chemical

Name

See Also

Regulated

Hazardous

Constituent

CAS No. for

Regulated

Hazardous

Constituent

Concentration

(mg/L)

Wastewaters

Concentration

(mg/L)

Nonwastewate

P004 Aldrin

Aldrin

309-00-2

0.21 B

0.066 A

P010 Arsenic acid

Table A Arsenic

7440-38-2

0.79

P011 Arsenic

pentoxide

Table A Arsenic

7440-38-2

0.79

P012 Arsenic

trioxide

Table A Arsenic

7440-38-2

0.79

P013 Barium

cyanide

Table A Cyanides (Total) 57-12-5

1.9

110.

Cyanides

(Amenable)

57-12-5

0.1

2-sec-Butyl-

4,6-

dinitrophenol

(Dinoseb)

2-sec-Butyl-4,6-

dinitrophenol

(Dinoseb)

88-85-7

0.066

2.5 A

P021 Calcium

cyanide

Cyanides (Total) 57-12-5

1.9

110.

Cyanides

(Amenable)

57-12-5

0.1

9.1

P022 Carbon

disulfide

Table D Carbon disulfide 75-15-0

0.014

P024 p-

Chloroaniline

p-Chloroaniline 106-47-8

0.46

* 16. A

P029 Copper

Cyanides (Total) 57-12-5

1.9

110.

200

cyanide

Cyanides

(Amenable)

57-12-5

0.1

9.1

P030 Cyanides

(soluble salts

and

complexes)

Cyanides (Total) 57-12-5

1.9

110.

Cyanides

(Amenable)

57-12-5

0.1

9.1

P036 Dichlorophen

ylarsine

Table A Arsenic

7440-38-2

0.79

P037 Dieldrin

Dieldrin

60-57-1

0.017 B *

0.13 A

P038 Diethylarsine Table A Arsenic

7440-38-2

0.79

P039 Disulfoton

Disulfoton

298-04-4

0.017

0.1 A

P047 4,6-Dinitro-o-

cresol

4,6-Dinitro-o-

cresol

534-52-4

0.28 B

* 160. A

P048 2,4-

Dinitrophenol

2,4-

Dinitrophenol

51-28-5

0.12 B

* 160. A

P050 Endosulfan

Endosulfan I

939-98-8

0.023 B *

0.066 A

Endosulfan II

33213-6-5

0.029 B *

0.13 A

Endosulfan

sulfate

1031-07-8

0.029 B *

0.13 A

P051 Endrin

Endrin

72-20-8

0.0028 B *

0.13 A

Endrin aldehyde 7421-93-4

0.025 B *

0.13 A

P056 Fluoride

Table D Fluoride

18694-48-8

35.

P059 Heptachlor

Heptachlor

76-44-8

0.0012 B *

0.066 A

Heptachlor

epoxide

1024-57-3

0.016 B *

0.066 A

P060 Isodrin

Isodrin

465-73-6

0.021 B

201

P063 Hydrogen

cyanide

Cyanides (Total) 57-12-5

1.9

110.

Cyanides

(Amenable)

57-12-5

0.10

9.1

P065 Mercury

fulminate

Tables A

& D

Mercury

7439-97-6

0.030

P071 Methyl

parathion

Methyl

parathion

298-00-0

0.025

0.1 A

P073 Nickel

carbonyl

Table A Nickel

7440-02-20

0.4432

P074 Nickel

cyanide

Table A Cyanides

(Tableotal)

57-12-5

1.9

110.

Cyanides

(Amenable)

57-12-5

0.10

9.1

Nickel

7440-02-20

0.44

P077 p-Nitroaniline NA

p-Nitroaniline

100-01-6

0.028 B * 28. A

P082 N-

Nitrosodimeth

ylamine

Table D N-

Nitrosodimethyl

amine

62-75-9

0.40 B

P089 Parathion

Parathion

56-38-2

0.025

0.1 A

P092 Phenylmercur

y acetate

Tables A

& D

Mercury

7439-97-6

0.030

P094 Phorate

Phorate

298-02-2

0.025

0.1 A

P097 Famphur

Famphur

52-85-7

0.025

0.1 A

P098 Potassium

cyanide

Cyanides (Total) 57-12-5

1.9

110.

Cyanides

(Amenable)

57-12-5

0.10

9.1

P099 Potassium

silver cyanide

Table A Cyanides (Total) 57-12-5

1.9

110.

Cyanides

(Amenable)

57-12-5

0.1

9.1

202

Silver

7440-22-4

0.29

P101 Ethyl cyanide

(Propanenitril

Ethyl cyanide

(Propanenitrile)

107-12-0

0.24 B

* 360. A

P103 Selenourea

Table A Selenium

7782-49-2

1.0 B

P104 Silver cyanide Table A Cyanides (Total) 57-12-5

1.9

110.

Cyanides

(Amenable)

57-12-5

0.10

9.1

Silver

7440-22-4

0.29

P106 Sodium

cyanide

Cyanides (Total) 57-12-5

1.9

110.

Cyanides

(Amenable)

57-12-5

0.10

9.1

P110 Tetraethyl

lead

Tables A

& D

Lead

7439-92-1

0.040

P113 Thallic oxide Table D Thallium

7440-28-0

0.14 B

P114 Thallium

selenite

Table A Selenium

7782-49-2

1.0

P115 Thallium(I)

sulfate

Table D Thallium

7440-28-0

0.14 B

P119 Ammonia

vanadate

Table D Vanadium

7440-62-2

* 28. B

P120 Vanadium

pentoxide

Table D Vanadium

7440-62-2

* 28. B

P121 Zinc cyanide NA

Cyanides (Total) 57-12-5

1.9

110.

Cyanides

(Amenable)

57-12-5

0.10

9.1

P123 Toxaphene

Toxaphene

8001-35-1

0.0095 B *

1.3 A

U002 Acetone

Acetone

67-64-1

0.28

* 160. A

203

U003 Acetonitrile

Table D Acetonitrile

75-05-8

0.17

U004 Acetophenone NA

Acetophenone

98-86-2

0.010 A *

9.7 A

U005 2-

Acetylaminofl

uorene

Acetylaminofluo

rene

53-96-3

0.059 B * 140. A

U009 Acrylonitrile NA

Acrylonitrile

107-13-1

0.24 A

* 84. A

U012 Aniline

Aniline

62-53-3

0.81

* 14. A

U018 Benz(a)anthra

cene

Benz(a)anthrace

56-55-3

0.059 B *

8.2 A

U019 Benzene

Benzene

71-43-2

0.14 B

* 36. A

U022 Benzo(a)pyre

Benzo(a)pyrene 50-32-8

0.061 B *

8.2 A

U024 Bis(2-

chloroethoxy)

methane

Bis(2-

chloroethoxy)me

thane

111-91-1

0.036

7.2 A

U025 Bis(2-

chloroethyl)

ether

Bis(2-

chloroethyl)

ether

111-44-4

0.033

Bis(2-

chloroisoprop

yl) ether

Bis(2-

chloroisopropyl)

ether

39638-32-9

0.055

7.2 A

U028 Bis(2-

ethylhexyl)pht

halate

Bis(2-

ethylhexyl)phtha

late

117-81-7

0.28 A

28.

U029 Bromomethan

e (Methyl

bromide)

Bromomethane

(Methyl

bromide)

74-83-9

0.11 A

* 15. A

U030 4-

Bromophenyl

phenyl ether

4-Bromophenyl

phenyl ether

101-55-3

0.055 A * 15. A

204

U031 n-Butyl

alcohol

n-Butyl alcohol 71-36-3

5.6

2.6 A

U032 Calcium

chromate

Table A Chromium

(Total)

7440-47-32

0.32

U036 Chlordane

(alpha and

gamma)

Chlordane

(alpha and

gamma)

57-74-9

* 0.00033 B *

0.13 A

U037 Chlorobenzen

Chlorobenzene 108-90-7

0.057 B *

5.7 A

U038 Chlorobenzila

Table D Chlorobenzilate 510-15-6

0.10 B

U039 p-Chloro-m-

cresol

p-Chloro-m-

cresol

59-50-7

0.018 B * 14. A

U043 Vinyl chloride NA

Vinyl chloride

75-01-4

0.27 B

* 33. A

U044 Chloroform

Chloroform

67-66-3

0.046 B *

5.6 A

U045 Chloromethan

e (Methyl

chloride)

Chloromethane

(Methyl

chloride)

74-87-3

0.19 B

* 33. A

U047 2-

Chloronaphth

alene

Chloronaphthale

91-58-7

* 0.055 B B *

5.6 A

U048 2-

Chlorophenol

2-Chlorophenol 95-57-8

0.044 B *

5.7 A

U050 Chrysene

Chrysene

218-01-9

0.059 B *

8.2 A

U051 Creosote

Table A Naphthalene

91-20-3

0.031

1.5 A

Pentachlorophen

87-86-5

0.18

7.4 A

Phenanthrene

85-01-8

0.031

1.5 A

Pyrene

129-00-0

0.028

* 28. A

Toluene

108-88-3

0.028

* 33. A

Xylenes (Total)

0.032

205

Lead

7439-92-1

0.037

U052 Cresols

(Cresylic acid)

o-Cresol

95-48-7

0.11 B

5.6 A

Cresols (m- and

p-isomers)

0.77 B

3.2 A

U057 Cyclohexanon

Table D Cyclohexanone 108-94-1

0.36

U060 DDD

o,p'-DDD

53-19-0

0.023 B *

0.087 A

p,p'-DDD

72-54-8

0.023 B *

0.087 A

U061 DDT

o,p'-DDT

789-02-6

0.0039 B *

0.087 A

p,p'-DDT

50-29-3

0.0039 B *

0.087 A

o,p'-DDD

53-19-0

0.023 B *

0.087 A

p,p'-DDD

72-54-8

0.023 B *

0.087 A

o,p'-DDE

3424-82-6

0.031 B *

0.087 A

p,p'-DDE

72-55-9

0.031 B *

0.087 A

U063 Dibenzo(a,

h)anthracene

Dibenzo(a,h)ant

hracene

53-70-3

0.055 B *

8.2 A

U066 1,2-Dibromo-

chloropropane

1,2-Dibromo-3-

chloropropane

96-12-8

0.11 B

* 15. A

U067 1,2-

Dibromoethan

e (Ethylene

dibromide)

1,2-

Dibromoethane

(Ethylene

dibromide)

106-93-4

0.028 B * 15. A

U068 Dibromoethan

Dibromoethane 74-95-3

0.11 B

15. A

U069 Di-n-butyl

phthalate

Di-n-butyl

phthalate

84-74-2

0.057

28.

U070 o-

Dichlorobenze

Dichlorobenzene

95-50-1

0.088 B *

6.2 A

206

U071 m-

Dichlorobenze

Dichlorobenzene

541-73-1

0.036

6.2 A

U072 p-

Dichlorobenze

Dichlorobenzene

104-46-7

0.090 B *

6.2 A

U075 Dichlorodiflu

oromethane

Dichlorodifluoro

methane

75-71-8

0.23 B

7.2 A

U076 1,1-

Dichloroethan

1,1-

Dichloroethane

75-34-3

0.059 B

7.2 A

U077 1,2-

Dichloroethan

1,2-

Dichloroethane

107-06-2

0.21 B

1,1-

Dichloroethyl

ene

1,1-

Dichloroethylen

75-35-4

0.025 B * 33. A

U079 1,2-

Dichloroethyl

ene

trans-1,2-

Dichloroethylen

156-60-5

0.054 B

33. XA

U080 Methylene

chloride

Methylene

chloride

75-08-2

0.089 YB

33. XA

U081 2,4-

Dichlorophen

2,4-

Dichlorophenol

120-83-2

0.044 YB

14. XA

U082 2,6-

Dichlorophen

2,6-

Dichlorophenol

87-65-0

0.044 YB

14. XA

U083 1,2-

Dichloropropa

1,2-

Dichloropropane

78-87-5

0.85 YB

18. XA

U084 1,3-

Dichloroprope

cis-1,3-

Dichloropropyle

10061-01-5

0.036 YB

18. XA

207

trans-1,3-

Dichloropropyle

10061-02-6

0.036 YB

18. XA

U088 Diethyl

phthalate

Diethyl

phthalate

84-66-2

0.2

28.

U093 p-

Dimethylamin

oazobenzene

Table D p-

Dimethylaminoa

zobenzene

60-11-7

0.13 YB

U101 2,4-

Dimethylphen

2,4-

Dimethylphenol

105-67-9

0.036 YB

14. XA

U102 Dimethyl

phthalate

Dimethyl

phthalate

131-11-3

0.047

28.

U105 2,4-

Dinitrotoluene

2,4-

Dinitrotoluene

121-14-2

0.32 YB

140. XA

U106 2,6-

Dinitrotoluene

2,6-

Dinitrotoluene

606-20-2

0.55 YB

28. XA

U107 Di-n-octyl

phthalate

Di-n-octyl

phthalate

117-84-0

0.017

28.

U108 1,4-Dioxane

1,4-Dioxane

123-91-1

0.12 YB

170. XA

U111 Di-n-

propylnitrosoa

mine

Di-n-

propylnitrosoam

ine

621-64-7

0.40 YB

Ethyl acetate NA

Ethyl acetate

141-78-6

0.34 YB

33. XA

U117 Ethyl ether

Ethyl ether

60-29-7

0.12 YB

160. XA

U118 Ethyl

methacrylate

Ethyl

methacrylate

97-63-2

0.14 YB

160. XA

U120 Fluoranthene NA

Fluoranthene

206-44-0

0.068 YB

8.2 XA

U121 Trichloromon NA

Trichloromonofl 75-69-4

0.020 YB

33. XA

208

ofluoromethan

uoromethane

U127 Hexachlorobe

nzene

Hexachlorobenz

ene

118-74-1

0.055 YB

37. XA

U128 Hexachlorobu

tadiene

Hexachlorobuta

diene

87-68-3

0.055 YB

28. XA

U129 Lindane

alpha-BHC

319-84-6

0.00014 YB

0.066 XA

beta-BHC

319-85-7

0.00014 B

0.066 XA

Delta-BHC

319-86-8

0.023 B

0.066 XA

gamma-BHC

(Lindane)

58-89-9

0.0017 B

0.066 XA

U130 Hexachlorocy

clopentadiene

Hexachlorocyclo

pentadiene

77-47-7

0.057 YB

3.6 XA

U131 Hexachloroeth

ane

Hexachloroethan

67-72-1

0.055 YB

28. XA

U134 Hydrogen

fluoride

Table D Fluoride

16964-48-8

35.

U136 Cacodylic

acid

Table A Arsenic

7440-38-2

0.79

U137 Indeno(1,2,3-

c,d)pyrene

Indeno(1,2,3-

c,d)pyrene

193-39-5

0.0055 YB

8.2 XA

U138 Iodomethane NA

Iodomethane

74-88-4

0.19 YB

65. XA

U140 Isobutyl

alcohol

Isobutyl alcohol 78-83-1

5.6

170. XA

U141 Isosafrole

Isosafrole

120-58-1

0.081

2.6 XA

U142 Kepone

Kepone

143-50-8

0.0011

0.13 XA

U144 Lead acetate

Table A Lead

7439-92-1

0.040

U145 Lead

phosphate

Table A Lead

7439-92-1

0.040

209

U146 Lead

subacetate

Table A Lead

7439-92-1

0.040

Mercury

Tables A

& D

Mercury

7439-97-6

0.030

U152 Methacrylonit

rile

Methacrylonitril

126-98-7

0.24 YB

84. XA

U154 Methanol

Methanol

67-56-1

5.6

U155 Methapyrilene NA

Methapyrilene

91-80-5

0.081

1.5 XA

U157 3-

Methylcholant

hrene

Methylcholanthr

ene

56-49-5

0.0055 YB

15. XA

U158 4,4'-

Methylenebis(

2-chloro-4'-

aniline)

Methylenebis(2-

chloroaniline)

101-14-4

0.50 YB

35. XA

U159 Methyl ethyl

ketone

Methyl ethyl

ketone

78-93-3

0.28

36. XA

U161 Methyl

isobutyl

ketone

Methyl isobutyl

ketone

108-10-1

0.14

33. XA

U162 Methyl

methacrylate

Methyl

methacrylate

80-62-6

0.14

160. XA

U165 Naphthalene NA

Naphthalene

91-20-3

0.059 YB

3.1 XA

U168 2-

Naphthylamin

Table D 2-

Naphthylamine

91-59-8

0.52 YB

U169 Nitrobenzene NA

Nitrobenzene

98-95-3

0.068 YB

14. XA

U170 4-Nitrophenol NA

4-Nitrophenol

100-02-7

0.12 YB

29. XA

U172 N-Nitrosodi-

n-butylamine

N-Nitrosodi-n-

butylamine

924-16-3

0.40 YB

17. XA

210

U174 N-

Nitrosodiethyl

amine

N-

Nitrosodiethyla

mine

55-18-5

0.40 YB

28. XA

U179 N-

Nitrosopiperid

ine

N-

Nitrosopiperidin

100-75-4

0.013 YB

35. XA

U180 N-

Nitrosopyrroli

dine

N-

Nitrosopyrrolidi

930-55-2

0.013 YB

35. XA

U181 5-Nitro-o-

toluidine

5-Nitro-o-

toluidine

99-55-8

0.32 YB

28. XA

U183 Pentachlorobe

nzene

Pentachlorobenz

ene

608-93-5

0.055 YB

Pentachloronit

robenzene

Pentachloronitro

benzene

82-68-8

0.055 YB

4.8 XA

U187 Phenacetin

Phenacetin

62-44-2

0.081

16. XA

U188 Phenol

Phenol

108-95-2

0.039

6.2 XA

U190 Phthalic

anhydride

(measured as

Phthalic acid)

Phthalic

anhydride

(measured as

Phthalic acid)

85-44-9

0.069

28.

U192 Pronamide

Pronamide

23950-58-5

0.093

1.5 XA

U196 Pyridine

Pyridine

110-86-1

0.014 YB

16. XA

U203 Safrole

Safrole

94-59-7

0.0681

22. XA

U204 Selenium

dioxide

Table A Selenium

7782-49-2

1.0

U205 Selenium

sulfide

Table A Selenium

7782-49-2

1.0

U207 1,2,4,5-

1,2,4,5-

95-94-3

0.055 YB

19. XA

211

Tetrachlorobe

nzene

Tetrachlorobenz

ene

U208 1,1,1,2-

Tetrachloroeth

ane

1,1,1,2-

Tetrachloroetha

630-20-6

0.057

42. XA

U209 1,1,2,2-

Tetrachloroeth

ane

1,1,2,2-

Tetrachloroetha

79-34-5

0.057 YB

42. XA

U210 Tetrachloroeth

ylene

Tetrachloroethyl

ene

127-18-4

0.056 YB

5.6 XA

U211 Carbon

tetrachloride

Carbon

tetrachloride

56-523-5

0.057 YB

5.6 XA

U214 Tallium(I)

acetate

Table D Thallium

7440-28-0

0.14 YB

U215 Thallium(I)

carbonate

Table D Thallium

7440-28-0

0.14 YB

U216 Thallium(I)

chloride

Table D Thallium

7440-28-0

0.14 YB

U217 Thallium(I)

nitrate

Table D Thallium

7440-28-0

0.14 YB

U220 Toluene

Toluene

108-88-3

0.080 YB

28. XA

U225 Tribromometh

ane

(Bromoform)

Tribromomethan

e (Bromoform)

75-25-2

0.63 YB

1,1,1-

Trichloroetha

1,1,1-

Trichloroethane

71-55-6

0.054 YB

5.6 XA

U227 1,1,2-

Trichloroetha

1,1,2-

Trichloroethane

79-00-5

0.054 YB

5.6 XA

U228 Trichloroethyl NA

Trichloroethylen 79-01-6

0.054 YB

5.6 XA

212

ene

U235 tris-(2,3-

Dibromopropy

l)-phosphate

tris-(2,3-

Dibromopropyl)

-phosphate

126-72-7

0.025

0.10 XA

U239 Xylenes

Xylene

s 0.32 YB B

28. XA

U240 2,4-

Dichlorophen

oxyacetic acid

2,4-

Dichlorophenox

yacetic acid

94-75-7

0.72

10. XA

U243 Hexachloropr

opene

Hexachloroprop

ene

19888-71-7

0.0935 YB

28.

U247 Methoxychlor NA

Methoxychlor

72-43-5

0.25 YB

0.18 XA

Treatment standards for this organic constituent were established based upon

incineration in units operated in accordance with the technical requirements of 35 Ill.

Adm. Code 724.Subpart 0Q or 725.Subpart 0Q, or based upon combustion in fuel

substitution units operating in accordance with applicable technical requirements. A

facility may certify compliance with these treatment standards according to provisions in

Section 728.107.

Based on analysis of composite samples.

As analyzed using SW-846 Method 9010 or 9012; sample size: 0.5-10g; distillation time:

one hour to one hour and fifteen minutes.

Reserved.

Not Applicable.

(Source: Amended at 18 Ill. Reg. _________, effective ______________________)

Section 728.Table D Technology-Based Standards by RCRA Waste Code

Waste

Codes

See Also

CAS No.

Technology

Code,

Wastewaters

Technology

Code,

Nonwastewa

ters

Waste Descriptions and/or

Treatment Subcategory

D001

Tables A

& B

DEACT, and

meet F039;

DEACT, and

meet F039;

213

or FSUBS;

RORGS; or

INCIN

or FSUBS;

RORGS; or

INCIN

All

descrip

tions

based

on 35

Ill.

Adm.

Code

721.12

except

for the

Sectio

721.12

1(a)(1)

High

TOC

subcat

egory,

manag

ed in

non-

CWA/

non-

CWA-

equiva

lent/no

Class I

SDWA

system

sD001

DEACT

All descriptions based on 35

Ill. Adm. Code 721.121,

except for the Section

261.121(a)(1) High TOC

subcategory, managed in

CWA, CWA-equivalent, or

Class I SDWA systems

D001

FSUBS;

RORGS; or

INCIN

All descriptions based on 35

Ill. Adm. Code

721.121(a)(1)-High TOC

Ignitable Liquids

Subcategory--Greater than or

equal to 10% total organic

214

carbon

D002

Tables A

& B

DEACT and

meet F039

DEACT and

meet F039

Acid, alkaline, and other

subcategory based on 35 Ill.

Adm. Code 721.122

managed in non-CWA/non-

CWA-equivalent/non-Class I

SDWA systems

D002

DEACT

Acid, alkaline, and other

subcategory based on 35 Ill.

Adm. Code 721.122

managed in CWA, CWA-

equivalent, or Class I SDWA

systems

D003

DEACT

(may not be

dilutedbut

not including

dilution as a

substitute for

adequate

treatment)

DEACT

(may not be

dilutedbut

not including

dilution as a

substitute for

adequate

treatment)

Reactive sulfides based on 35

Ill. Adm. Code 721.123(a)(5)

D003

DEACT

Explosives based on 35 Ill.

Adm. Code 721.123(a)(6),

(7) and (8)

D003

DEACT

Water reactives based on 35

Ill. Adm. Code

721.123(a)(2), (3) and (4)

D003

DEACT

Other reactives based on 35

Ill. Adm. Code 721.123(a)(1)

D006

7440-43-9

RTHERM

Cadmi

um-

contai

ning

batteri

esD00

7439-892-1

RLEAD

Lead acid batteries (Note:

This standard only applies to

lead acid batteries that are

identified as RCRA

hazardous wastes and that are

not excluded elsewhere from

215

regulation under the land

disposal restrictions of this

Part or exempted under other

regulations (see 35 Ill. Adm.

Code 726.180).)

D009

Tables A

& B

7439-897-6

IMERC; or

RMERC

Mercury: (High Mercury

Subcategory--greater than or

equal to 260 mg/kg total

Mercury--contains mercury

and organics (and are not

incinerator residues))

D009

Tables A

& B

7439-897-6

RMERC

Mercury: (High Mercury

Subcategory--greater than or

equal to 260 mg/kg total

Mercury--inorganics

(including incinerator

residues and residues from

RMERC))

D012

Table B

72-20-8

BIODG; or

INCIN

Endrin

D013

Table B

58-89-9

CARBN; or

INCIN

Lindane

D014

Table B

72-43-65

WETOX; or

INCIN

Methoxychlor

D015

Table B

8001-35-1

BIODG; or

INCIN

Toxaphene

D016

Table B

94-75-7

CHOXD;

BIODG; or

INCIN

2,4-D

D017

Table B

93-72-1

CHOXD; or

INCIN

2,4,5-TP

F005

Tables A

& B

79-46-9

(WETOX or

CHOXD) fb

CARBN; or

INCIN

2-Nitropropane

216

F005

Tables A

& B

110-80-5

BIODG; or

INCIN

2-Ethoxyethanol

F024

Tables A

& B

INCIN

--------

----K0

LLEXT fb

SSTRIP fb

CARBN; or

INCIN

Distillation bottoms from the

production of nitrobenzene

by the nitration of benzene

K026

INCIN

Stripping still tails from the

production of methyl ethyl

pyridines

K027

CARBN; or

INCIN

FSUBS; or

INCIN

Centrifuge and distillation

residues from toluene

diisocyanate production

K039

CARBN; or

INCIN

FSUBS; or

INCIN

Filter cake from the filtration

of diethylphosphorodithioc

acid in the production of

phorate

K044

DEACT

Wastewater treatment

sludges from the

manufacturing and

processing of explosives

K045

DEACT

Spent carbon from the

treatment of wastewater

containing explosives

K047

DEACT

Pink/red water from TNT

operations

K061

Table B

NLDBR

Emission control dust/sludge

from the primary production

of steel in electric furnaces

(High Zinc Subcategory--

greater than or equal to 15%

total Zinc)

217

K069

Tables A

& B

RLEAD

Emission control dust/sludge

from secondary lead

smelting: Non-Calcium

Sulfate Subcategory

K106

Tables A

& B

RMERC

Wastewater treatment sludge

from the mercury cell

process in chlorine

production: (High Mercury

Subcategory-greater than or

equal to 260 mg/kg total

mercury)

K107

INCIN; or

CHOXD fb,

CARBN; or

BIODG fb

CARBN

INCIN.

Colum

bottom

s from

produc

separat

ion

from

the

produc

tion of

1,1-

dimeth

ylhydr

azine

(UDM

from

carbox

ylic

acid

hydraz

idesK1

INCIN; or

CHOXD fb,

CARBN; or

BIODG fb

CARBN

INCIN.

Condensed column

overheads from product

separation and condensed

reactor vent gases from the

production of 1,1-

dimethylhydrazine (UDMH)

from carboxylic acid

hydrazides

218

K109

INCIN; or

CHOXD fb,

CARBN; or

BIODG fb

CARBN

INCIN.

Spent filter cartridges from

product purification from the

production of 1,1-

dimethylhydrazine (UDMH)

from carboxylic acid

hydrazides

K110

INCIN; or

CHOXD fb,

CARBN; or

BIODG fb

CARBN

INCIN.

Condensed column

overheads from intermediate

separation from the

production of 1,1-

dimethylhydrazine (UDMH)

from carboxylic acid

hydrazides

K112

INCIN; or

CHOXD fb,

CARBN; or

BIODG fb

CARBN

INCIN.

Reaction by-product water

from the drying column in

the production of

toluenediamine via

hydrogenation of

dinitrotoluene

K113

CARBN; or

INCIN

FSUBS; or

INCIN

Condensed liquid light ends

from the purification of

toluenediamine in the

production of toluenediamine

via hydrogenation of

dinitrotoluene

K114

CARBN; or

INCIN

FSUBS; or

INCIN

Vicinals from the purification

of toluenediamine in the

production of toluenediamine

via hydrogenation of

dinitrotoluene

K115

CARBN; or

INCIN

FSUBS; or

INCIN

Heavy

ends

from

the

purific

CARBN; or

INCIN

FSUBS; or

INCIN

Organic condensate from the

solvent recovery column in

the production of toluene

diisocyanate via

phosgenation of

219

ation

toluen

ediami

ne in

the

produc

tion of

toluen

ediami

ne via

hydrog

enatio

n of

dinitro

toluen

eK116

toluenediamine

K123

INCIN; or

CHOXD fb

(BIODG or

CARBN)

INCIN.

Process wastewater

(including supernates,

filtrates, and washwaters)

from the production of

ethylenebisdithiocarbamic

acid and its salts

K124

INCIN; or

CHOXD fb

(BIODG or

CARBN)

INCIN.

Reactor vent scrubber water

from the production of

ethylenebisdithiocarbamic

acid and its salts

K125

INCIN; or

CHOXD fb

(BIODG or

CARBN)

INCIN.

Filtration, evaporation, and

centrifugation solids from the

production of

ethylenebisdithiocarbamic

acid and its salts

K126

INCIN; or

CHOXD fb

(BIODG or

CARBN)

INCIN.

Baghouse dust and floor

sweepings in milling and

packaging operations from

the production or formulation

of ethylene bisdithiocarbamic

acid and its salts

P001

81-81-2

(WETOX or FSUBS; or

Warfarin (>0.3%)

220

CHOXD) fb

CARBN; or

INCIN

P002

591-08-2

(WETOX or

CHOXD) fb

CARBN; or

INCIN

1-Acetyl-2-thiourea

P003

107-02-8

(WETOX or

CHOXD) fb

CARBN; or

INCINNA

FSUBS; or

INCIN

Acrolein

P005

107-18-6

(WETOX or

CHOXD) fb

CARBN; or

INCIN

FSUBS; or

INCIN

Allyl alcohol

P006

20859-73-8

CHOXD;

CHRED; or

INCIN

CHOXD;

CHRED; or

INCIN

Alumi

num

phosph

ideP00

2763-96-4

(WETOX or

CHOXD) fb

CARBN; or

INCIN

5-Aminoethyl 3-isoxazolol

P008

504-24-5

(WETOX or

CHOXD) fb

CARBN; or

INCIN

4-Aminopyridine

P009

131-74-8

CHOXD;

CHRED;

CARBN;

BIODG; or

INCIN

FSUBS;

CHOXD;

CHRED; or

INCIN

Ammonium picrate

P014

108-95-5

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Thiophenol (Benzene thiol)

221

P015

7440-41-7

NARMETL

or RTHRM

RMETL; or

RTHRM

Beryllium dust

P016

542-88-1

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Bis(chloromethyl)ether

P017

598-31-2

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Bromoacetone

P018

357-57-3

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Brucine

P022

Table B

75-15-0

INCIN

Carbon disulfide

P023

107-20-0

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Chloroacetaldehyde

P026

5344-82-1

(WETOX or

CHOXD) fb

CARBN; or

INCIN

1-(o-Chlorophenyl)thiourea

P027

542-76-7

(WETOX or

CHOXD) fb

CARBN; or

INCIN

3-Chloropropionitrile

P028

100-44-7

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Benzyl

chlorid

eP031

460-19-5

CHOXD;

WETOX; or

INCIN

CHOXD;

WETOX; or

INCIN

Cyanogen

222

P033

506-77-4

CHOXD;

WETOX; or

INCIN

CHOXD;

WETOX; or

INCIN

Cyanogen chloride

P034

131-89-5

(WETOX or

CHOXD) fb

CARBN; or

INCIN

2-Cyclohexyl-4,6-

dinitrophenol

P040

297-97-2

CARBN; or

INCIN

FSUBS; or

INCIN

O,O-Diethyl O-pyrazinyl

phosphorothioate

P041

311-45-5

CARBN; or

INCIN

FSUBS; or

INCIN

Diethyl-p-nitrophenyl

phosphate

P042

51-43-4

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Epinephrine

P043

55-91-4

CARBN; or

INCIN

FSUBS; or

INCIN

Diisopropylfluorophosphate

(DFP)

P044

60-51-5

CARBN; or

INCIN

FSUBS; or

INCIN

Dimethoate

P045

39196-18-4

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Thiofanox

P046

122-09-8

(WETOX or

CHOXD) fb

CARBN; or

INCIN

alpha,alpha-

Dimethylphenethylamine

P047

534-52-1

(WETOX or

CHOXD) fb

CARBN; or

INCIN

4,6-Dinitro-o-cresol salts

P049

541-53-7

(WETOX or

CHOXD) fb

INCIN

2,4-Dithiobiuret

223

CARBN; or

INCIN

P054

151-56-4

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Aziridine

P056

Table B

7782-41-4

ADGAS fb

NEUTR

Fluorine

P057

640-19-7

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Fluoro

acetam

ideP05

62-74-8

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Fluoroacetic acid, sodium

salt

P062

757-58-4

CARBN; or

INCIN

FSUBS or

INCIN

Hexaethyltetraphosphate

P064

624-83-9

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Isocyanic acid, ethyl ester

P065

Tables A

& B

628-86-4

RMERC

Mercury fulminate: (High

Mercury Subcategory--

greater than or equal to 260

mg/kg total Mercury--either

incinerator residues or

residues from RMERC)

P065

Tables A

& B

628-86-4

IMERC

Mercury fulminate: (All

nonwastewaters that are not

incinerator residues or are

not residues from RMERC;

regardless of Mercury

Content)

P066

16752-77-5

(WETOX or INCIN

Methomyl

224

CHOXD) fb

CARBN; or

INCIN

P067

75-55-8

(WETOX or

CHOXD) fb

CARBN; or

INCIN

2-Methylaziridine

P068

60-34-4

CHOXD;

CHRED;

CARBN;

BIODG; or

INCIN

FSUBS;

CHOXD;

CHRED; OR

INCIN

Methyl hydrazine

P069

75-86-5

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Methyllactonitrile

P070

116-06-3

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Aldicarb

P072

86-88-4

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Napht

hyl-2-

thioure

aP075

54-11-5*

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Nicotine and salts

P076

10102-43-9

ADGAS

Nitric oxide

P078

10102-44-0

ADGAS

Nitrogen dioxide

P081

55-63-0

CHOXD;

CHRED;

CARBN;

BIODG; or

FSUBS;

CHOXD;

CHRED; or

INCIN

Nitroglycerin

225

INCIN

P082

Table B

652-75-9

INCIN

N-Nitrosodimethylamine

P084

4549-40-0

(WETOX or

CHOXD) fb

CARBN; or

INCIN

N-Nitrosomethylvinylamine

P085

152-16-9

CARBN; or

INCIN

FSUBS; or

INCIN

Octamethylpyrophosphorami

P087

20816-12-0

NARMETL;

or RTHEM

RMETL; or

RTHRM

Osmium tetroxide

P088

145-73-3

(WETOX or

CHOXD) fb

CARBN; or

INCIN

FSUBS; or

INCIN

Endothall

P092

Tables A

& B

62-38-4

RMERC

Phenyl mercury acetate:

(High Mercury

Subcategory--greater than or

equal to 260 mg/kg total

Mercury--either incinerator

residues or residues from

RMERC)

P092

Tables A

& B

62-38-4

IMERC; or

RMERC

Phenyl mercury acetate: (All

nonwastewaters that are not

incinerator residues and are

not residues from RMERC:

regardless of Mercury

Content)

P093

103-85-5

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Phenylthiourea

P095

75-44-5

(WETOX or

CHOXD) fb

CARBN; or

INCIN

226

Phosge

neP09

7803-51-2

CHOXD;

CHRED; or

INCIN

CHOXD;

CHRED; or

INCIN

Phosphine

P102

107-19-7

(WETOX or

CHOXD) fb

CARBN; or

INCIN

FSUBS; or

INCIN

Propargyl alcohol

P105

26628-22-8

CHOXD;

CHRED;

CARBN

BIODG; or

INCIN

FSUBS;

CHOXD;

CHRED; or

INCIN

Sodium azide

P108

57-24-9* A

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Strychnine and salts

P109

3689-24-5

CARBN; or

INCIN

FSUBS; or

INCIN

Tetraethyldithiopyrophosphat

P112

509-14-8

CHOXD;

CHRED;

CARBN;

BIODG; or

INCIN

FSUBS;

CHOXD;

CHRED; or

INCIN

Tetranitromethane

P113

Table B

1314-32-5

RTHRM; or

STABL

Thallic oxide

P115

Table B

7446-18-6

RTHRM; or

STABL

Thallium (I) sulfate

P116

79-19-6

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Thiosemicarbazide

P118

75-70-7

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Trichloromethanethiol

227

INCIN

P119

Table B

7803-55-6

STABL

Ammonium vanadate

P120

Table B

1314-62-1

STABL

Vanadium pentoxide

P122

1314-84-7

CHOXD;

CHRED; or

INCIN

CHOXD;

CHRED; or

INCIN

Zinc Phosphide (<

10%)

U001

75-07-0

(WETOX or

CHOXD) fb

CARBN; or

INCIN

FSUBS; or

INCIN

Acetaldehyde

U003

Table B

75-05-8

INCIN

Aceton

itrileU

006

75-36-5

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Acetyl chloride

U007

79-06-1

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Acrylamide

U008

79-10-7

(WETOX or

CHOXD) fb

CARBN; or

INCIN

FSUBS; or

INCIN

Acrylic acid

U010

50-07-7

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Mitomycin C

U011

61-82-5

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Amitrole

U014

492-80-8

(WETOX or

CHOXD) fb

INCIN

Auramine

228

CARBN; or

INCIN

U015

115-02-6

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Azaserine

U016

225-51-4

(WETOX or

CHOXD) fb

CARBN; or

INCIN

FSUBS; or

INCIN

Benz(c)acridine

U017

98-87-3

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Benzal chloride

U020

98-09-9

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Benzenesulfonyl chloride

U021

92-87-5

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Benzidine

U023

98-07-7

CHOXD;

CHRED;

CARBN;

BIODG; or

INCIN

FSUBS;

CHOXD;

CHRED; or

INCIN

Benzot

richlor

ideU0

494-03-1

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Chlornaphazin

U033

353-50-4

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Carbonyl fluoride

229

U034

75-87-6

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Trichloroacetaldehyde

(Chloral)

U035

305-03-3

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Chlorambucil

U038

Table B

510-15-6

INCIN

Chlorobenzilate

U041

106-89-8

(WETOX or

CHOXD) fb

CARBN; or

INCIN

1-Chloro-2,3-epoxypropane

(Epichlorohydrin)

U042

Table B

110-75-8

INCIN

2-Chloroethyl vinyl ether

U046

107-30-2

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Chloromethyl methyl ether

U049

3165-93-3

(WETOX or

CHOXD) fb

CARBN; or

INCIN

4-Chloro-o-toluidine

hydrochloride

U053

4170-30-3

(WETOX or

CHOXD) fb

CARBN; or

INCIN

FSUBS; or

INCIN

Crotonaldehyde

U055

98-82-8

(WETOX or

CHOXD) fb

CARBN; or

INCIN

FSUBS; or

INCIN

Cumene

U056

110-82-7

(WETOX or

CHOXD) fb

CARBN; or

INCIN

FSUBS; or

INCIN

Cyclohexane

230

U057

Table B

108-94-1

FSUBS; or

INCIN

Cyclohexanone

U058

50-18-0

CARBN; or

INCIN

FSUBS; or

INCIN

Cyclop

hospha

mideU

059

20830-81-3

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Daunomycin

U062

2303-16-4

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Diallate

U064

189-55-9

(WETOX or

CHOXD) fb

CARBN; or

INCIN

FSUBS; or

INCIN

1,2,7,8-Dibenzopyrene

U073

91-94-1

(WETOX or

CHOXD) fb

CARBN; or

INCIN

3,3'-Dichlorobenzidine

U074

1476-11-5

(WETOX or

CHOXD) fb

CARBN; or

INCIN

cis-1,4-Dichloro-2-butene;

trans-1,4-Dichloro-2-butene

U085

1464-53-5

(WETOX or

CHOXD) fb

CARBN; or

INCIN

FSUBS; or

INCIN

1,2:3,4-Diepoxybutane

U086

1615-80-1

CHOXD;

CHRED;

CARBN;

BIODG; or

INCIN

FSUBS;

CHOXD;

CHRED; or

INCIN

N,N-Diethylhydrazine

U087

3288-58-2

CARBN; or

INCIN

FSUBS; or

INCIN

O,O-Diethyl S-

methyldithiophosphate

231

U089

56-53-1

(WETOX or

CHOXD) fb

CARBN; or

INCIN

FSUBS; or

INCIN

Diethyl stilbestrol

U090

94-58-6

(WETOX or

CHOXD) fb

CARBN; or

INCIN

FSUBS; or

INCIN

Dihydrosafrole

U091

119-90-4

(WETOX or

CHOXD) fb

CARBN; or

INCIN

3,3'-Dimethoxybenzidine

U092

124-40-3

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Dimethylamine

U093

Table B

621-90-9

INCIN

Dimet

hylami

noazob

enzene

U094

57-97-6

(WETOX or

CHOXD) fb

CARBN; or

INCIN

FSUBS; or

INCIN

7,12-

Dimethylbenz(a)anthracene

U095

119-93-7

(WETOX or

CHOXD) fb

CARBN; or

INCIN

3,3'-Dimethylbenzidine

U096

80-15-9

CHOXD;

CHRED;

CARBN;

BIODG; or

INCIN

FSUBS;

CHOXD;

CHRED; or

INCIN

alpha,alpha-Dimethyl-benzyl

hydroperoxide

U097

79-44-7

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Dimethylcarbamoyl chloride

232

INCIN

U098

57-14-7

CHOXD;

CHRED;

CARBN;

BIODG; or

INCIN

FSUBS;

CHOXD;

CHRED; or

INCIN

1,1-Dimethylhydrazine

U099

540-73-8

CHOXD;

CHRED;

CARBN;

BIODG; or

INCIN

FSUBS;

CHOXD;

CHRED; or

INCIN

1,2-Dimethylhydrazine

U103

77-78-1

CHOXD;

CHRED;

CARBN;

BIODG; or

INCIN

FSUBS;

CHOXD;

CHRED; or

INCIN

Dimethyl sulfate

U109

122-66-7

CHOXD;

CHRED;

CARBN;

BIODG; or

INCIN

FSUBS;

CHOXD;

CHRED; or

INCIN

1,2-Diphenylhydrazine

U110

142-84-7

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Dipropylamine

U113

140-88-5

(WETOX or

CHOXD) fb

CARBN; or

INCIN

FSUBS; or

INCIN

Ethyl acrylate

U114

111-54-6

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Ethyle

nebisdi

thiocar

75-21-8

(WETOX or

CHOXD) fb

CARBN; or

CHOXD; or

INCIN

Ethylene oxide

233

bamic

acidU1

INCIN

U116

96-45-7

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Ethylene thiourea

U119

62-50-0

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Ethyl methanesulfonate

U122

50-00-0

(WETOX or

CHOXD) fb

CARBN; or

INCIN

FSUBS; or

INCIN

Formaldehyde

U123

64-18-6

(WETOX or

CHOXD) fb

CARBN; or

INCIN

FSUBS; or

INCIN

Formic acid

U124

110-00-9

(WETOX or

CHOXD) fb

CARBN; or

INCIN

FSUBS; or

INCIN

Furan

U125

98-01-1

(WETOX or

CHOXD) fb

CARBN; or

INCIN

FSUBS; or

INCIN

Furfural

U126

765-34-4

(WETOX or

CHOXD) fb

CARBN; or

INCIN

FSUBS; or

INCIN

Glycidaldehyde

U132

70-30-4

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Hexachlorophene

234

U133

302-01-2

CHOXD;

CHRED;

CARBN;

BIODG; or

INCIN

FSUBS;

CHOXD;

CHRED; or

INCIN

Hydrazine

U134

Table B

7664-39-3

ADGAS fb

NEUTR; or

NEUTR

Hydrogen Fluoride

U135

7783-06-4

CHOXD;

CHRED; or

INCIN

CHOXD;

CHRED; or

INCIN

Hydro

gen

Sulfide

U143

303-34-4

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Lasiocarpine

U147

108-31-6

(WETOX or

CHOXD) fb

CARBN; or

INCIN

FSUBS; or

INCIN

Maleic anhydride

U148

123-33-1

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Maleic hydrazide

U149

109-77-3

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Malononitrile

U150

148-82-3

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Melphalan

U151

Tables A

& B

7439-97-6

RMERC

Mercury: (High Mercury

Subcategory--greater than or

equal to 260 mg/kg total

Mercury)

235

U153

74-93-1

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Methanethiol

U154

67-56-1

(WETOX or

CHOXD) fb

CARBN; or

INCIN

FSUBS; or

INCIN

Methanol

U156

79-22-1

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Methyl chlorocarbonate

U160

1338-23-4

CHOXD;

CHRED;

CARBN;

BIODG; or

INCIN

FSUBS;

CHOXD;

CHRED; or

INCIN

Methyl ethyl ketone peroxide

U163

70-25-7

(WETOX or

CHOXD) fb

CARBN; or

INCIN

N-Methyl-N'-nitro-N-

Nitrosoguanidine

U164

56-04-2

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Methyl

thioura

cilU16

130-15-4

(WETOX or

CHOXD) fb

CARBN; or

INCIN

FSUBS; or

INCIN

1,4-Naphthoquinone

U167

134-32-7

(WETOX or

CHOXD) fb

CARBN; or

INCIN

1-Naphthylamine

U168

Table B

91-59-8

INCIN

2-Naphthylamine

U171

79-46-9

(WETOX or INCIN

2-Nitropropane

236

CHOXD) fb

CARBN; or

INCIN

U173

1116-54-7

(WETOX or

CHOXD) fb

CARBN; or

INCIN

N-Nitroso-diethanolamine

U176

759-73-9

(WETOX or

CHOXD) fb

CARBN; or

INCIN

N-Nitroso-N-ethylurea

U177

684-93-5

(WETOX or

CHOXD) fb

CARBN; or

INCIN

N-Nitroso-N-methylurea

U178

615-53-2

(WETOX or

CHOXD) fb

CARBN; or

INCIN

N-Nitroso-N-methylurethane

U182

123-63-7

(WETOX or

CHOXD) fb

CARBN; or

INCIN

FSUBS; or

INCIN

Paraldehyde

U184

76-01-7

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Pentachloroethane

U186

504-60-9

(WETOX or

CHOXD) fb

CARBN; or

INCIN

FSUBS; or

INCIN

1,3-Pentadiene

U189

1314-80-3

CHOXD;

CHRED; or

INCIN

CHOXD;

CHRED; or

INCIN

Phosphorus sulfide

U191

109-06-8

(WETOX or INCIN

237

CHOXD) fb

CARBN; or

INCIN

Picolin

eU193

1120-71-4

(WETOX or

CHOXD) fb

CARBN; or

INCIN

1,3-Propane sultone

U194

107-10-8

(WETOX or

CHOXD) fb

CARBN; or

INCIN

n-Propylamine

U197

106-51-4

(WETOX or

CHOXD) fb

CARBN; or

INCIN

FSUBS; or

INCIN

p-Benzoquinone

U200

50-55-5

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Reserpine

U201

108-46-3

(WETOX or

CHOXD) fb

CARBN; or

INCIN

FSUBS; or

INCIN

Resorcinol

U202

81-07-2* A

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Saccharin and salts

U206

18883-66-4

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Streptozatocin

U213

109-99-9

(WETOX or

CHOXD) fb

CARBN; or

INCIN

FSUBS; or

INCIN

Tetrahydrofuran

238

U214

Table B

563-68-8

RTHRM; or

STABL

Thallium (I) acetate

U215

Table B

6533-73-9

RTHRM; or

STABL

Thallium (I) carbonate

U216

Table B

7791-12-0

RTHRM; or

STABL

Thallium (I) chloride

U217

Table B

10102-45-1

RTHRM; or

STABL

Thallium (I) nitrate

U218

62-55-5

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Thioacetamide

U219

62-56-6

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Thiour

eaU22

25376-45-8

CARBN; or

INCIN

FSUBS; or

INCIN

Toluenediamine

U222

636-21-5

(WETOX or

CHOXD) fb

CARBN; or

INCIN

o-Toluidine hydrochloride

U223

26471-62-5

CARBN; or

INCIN

FSUBS; or

INCIN

Toluene diisocyanate

U234

99-35-4

(WETOX or

CHOXD) fb

CARBN; or

INCIN

sym-Trinitrobenzene

U236

72-57-1

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Trypan Blue

239

U237

66-75-1

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Uracil mustard

U238

51-79-6

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Ethyl carbamate

U240

94-75-7*

(WETOX or

CHOXD) fb

CARBN; or

INCIN

2,4-Dichlorophenoxyacetic

acid (salts and esters)

U244

137-26-8

(WETOX or

CHOXD) fb

CARBN; or

INCIN

Thiram

U246

506-68-3

CHOXD;

WETOX; or

INCIN

CHOXD;

WETOX; or

INCIN

Cyanogen bromide

U248

81-81-2

(WETOX or

CHOXD) fb

CARBN; or

INCIN

FSUBS; or

INCIN

Warfarin (greater than or

equal to 0.3% or less)

U249

1314-84-7

CHOXD;

CHRED; or

INCIN

CHOXD;

CHRED; or

INCIN

Zinc Phosphide (<10%)

U328

95-53-4

INCIN; or

CHOXD fb,

(BIODG or

CARBN); or

BIODG fb

CARBN

INCIN; or

Thermal

Destruction.

toluidi

neU35

106-49-0

INCIN; or

CHOXD fb,

(BIODG or

CARBN); or

INCIN; or

Thermal

Destruction.

p-toluidine

240

BIODG fb

CARBN

U359

110-80-5

INCIN; or

CHOXD fb,

(BIODG or

CARBN); or

BIODG fb

CARBN

INCIN; or

FSUBS.

2-ethoxy-ethanol

CAS Number given for parent compound only.

**B

This waste code exists in gaseous form and is not categorized as wastewater or

nonwastewater forms.

Not Applicable.

BOARD NOTE: When a combination of these technologies (i.e., a treatment train) is specified

as a single treatment standard, the order of application is specified in this Table by indicating the

five letter technology code that must be applied first, then the designation "fb" (an abbreviation

for "Followed by"), then the five letter technology code for the technology that must be applied

next, and so on. When more than one technology (or treatment train) are specified a alternative

treatment standards, the five letter technology codes (or the treatment trains) are separated by a

semicolon (;) with the last technology preceded by the word "or". This indicates that any one of

these BDAT technologies or treatment trains can be used for compliance with the standard. See

Section 728.Table C for a listing of the technology codes and technology-based treatment

standards. Derived from 40 CFR 268.42, Table 2 (1992), as adoptedamended at 547 Fed. Reg.

22694, June 1, 199037273 (Aug. 18, 1992).

(Source: Amended at 18 Ill. Reg. _________, effective ______________________)

Section 728.Table F Alternative Treatment Standards For Hazardous Debris

Hazardous debris must be treated by either the standards indicated in this Table or

by the waste-specific treatment standards for the waste contaminating the debris.

The treatment standards must be met for each type of debris contained in a

mixture of debris types, unless the debris is converted into treatment residue as a

result of the treatment process.

Debris treatment residuals are subject to the

waste-specific treatment standards for the waste contaminating the debris.

Definitions. For the purposes of this Table, the following terms are defined as

follows:

"Clean debris surface" means the surface, when viewed without

241

magnification, shall be free of all visible contaminated soil and hazardous

waste except that residual staining from soil and waste consisting of light

shadows, slight streaks, or minor discolorations, and soil and waste in

cracks, crevices, and pits may be present provided that such staining and

waste and soil in cracks, crevices, and pits shall be limited to no more than

5% of each square inch of surface area.

"Contaminant restriction" means that the technology is not BDAT for that

contaminant. If debris containing a restricted contaminant is treated by

the technology, the contaminant must be subsequently treated by a

technology for which it is not restricted in order to be land disposed (and

excluded from Subtitle C regulation).

"Dioxin-listed wastes" means wastes having any of U.S. EPA Hhazardous

Wwaste numbers FO20, FO21, FO22, FO23, FO26, or FO27.

Notes. In the Table, the following text is to be read in conjunction with the

tabulated text where the appropriate notations appear:

Acids, solvents, and chemical reagents may react with some debris and

contaminants to form hazardous compounds. For example, acid washing

of cyanide-contaminated debris could result in the formation of hydrogen

cyanide. Some acids may also react violently with some debris and

contaminants, depending on the concentration of the acid and the type of

debris and contaminants. Debris treaters should refer to the safety

precautions specified in Material Safety Data Sheets for various acids to

avoid applying an incompatible acid to a particular debris/contaminant

combination. For example, concentrated sulfuric acid may react violently

with certain organic compounds, such as acrylonitrile.

If reducing the particle size of debris to meet the treatment standards

results in material that no longer meets the 60 mm minimum particle size

limit for debris, such material is subject to the waste-specific treatment

standards for the waste contaminating the material, unless the debris has

been cleaned and separated from contaminated soil and waste prior to size

reduction.

At a minimum, simple physical or mechanical means must be

used to provide such cleaning and separation of nondebris materials to

ensure that the debris surface is free of caked soil, waste, or other

nondebris material.

Thermal desorption is distinguished from thermal destruction in that the

primary purpose of thermal desorption is to volatilize contaminants and to

remove them from the treatment chamber for subsequent destruction or

other treatment.

242

The demonstration of "equivalent technology" under Section 728.142(b)

must document that the technology treats contaminants subject to

treatment to a level equivalent to that required by the performance and

design and operating standards for other technologies in this table such

that residual levels of hazardous contaminants will not pose a hazard to

human health and the environment absent management controls.

Any soil, waste, and other nondebris material that remains on the debris

surface (or remains mixed with the debris) after treatment is considered a

treatment residual that must B be separated from the debris using, at a

minimum, simple physical or mechanical means. Examples of simple

physical or mechanical means are vibratory or trommel screening or water

washing. The debris surface need not be cleaned to a "clean debris

surface" as defined in subsection (b) above when separating treated debris

from residue; rather, the surface must be free of caked soil, waste, or other

nondebris material. Treatment residuals are subject to the waste-specific

treatment standards for the waste contaminating the debris.

Technology description

Performance or design and

operating standard

Contaminant restrictions

A. Extraction Technologies:

1. Physical Extraction

a. Abrasive Blasting: Removal

of contaminated debris surface

layers using water and/or air

pressure to propel a solid

media (e.g., steel shot,

aluminum oxide grit, plastic

beads).

Glass, Metal, Plastic, Rubber:

Treatment to a clean debris

surface.

Brick, Cloth, Concrete, Paper,

Pavement, Rock, Wood:

Removal of at least 0.6 cm of

the surface layer; treatment to

a clean debris surface.

All Debris: None.

b. Scarification, Grinding, and

Planing: Process utilizing

striking piston heads, saws, or

rotating grinding wheels such

that contaminated debris

surface layers are removed.

Same as above

c. Spalling: Drilling or

chipping holes at appropriate

Same as above

243

locations and depth in the

contaminated debris surface

and applying a tool which

exerts a force on the sides of

those holes such that the

surface layer is removed. The

surface layer removed remains

hazardous debris subject to the

debris treatment standards.

d. Vibratory Finishing: Process

utilizing scrubbing media,

flushing fluid, and oscillating

energy such that hazardous

contaminants or contaminated

debris surface layers are

removed.

Same as above

Same as abovee. High Pressure

Steam and Water Sprays:

Application of water or steam

sprays of sufficient

temperature, pressure,

residence time, agitation,

surfactants, and detergents to

remove hazardous

contaminants from debris

surfaces or to remove

contaminated debris surface

layers

Same as above

Same as above.

2. Chemical Extraction

a. Water Washing and

Spraying: Application of water

sprays or water baths of

sufficient temperature,

pressure, residence time,

agitation, surfactants, acids,

bases, and detergents to

remove hazardous

contaminants from debris

surfaces and surface pores or

to remove contaminated debris

All Debris: Treatment to a

clean debris surface; Brick,

Cloth, Concrete, Paper,

Pavement, Rock, Wood:

Debris must be no more than

1.2 cm (2 inch) in one

dimension (i.e., thickness

limit,

except that this

thickness limit may be waived

under an "Equivalent

Technology" approval under

Brick, Cloth, Concrete, Paper,

Pavement, Rock, Wood:

Contaminant must be soluble

to at least 5% by weight in

water solution or 5% by

weight in emulsion; if debris is

contaminated with a dioxin-

listed waste,

an "Equivalent

Technology" approval under

35 Ill. Adm. Code 728.142(b)

must be obtained.

244

surface layers.

35 Ill. Adm. Code 728.142(b);

debris surfaces must be in

contact with water solution for

at least 15 minutes

b. Liquid Phase Solvent

Extraction: Removal of

hazardous contaminants from

debris surfaces and surface

pores by applying a

nonaqueous liquid or liquid

solution which causes the

hazardous contaminants to

enter the liquid phase and be

flushed away from the debris

along with the liquid or liquid

solution while using

appropriate agitation,

temperature, and residence

time.

Same as above

Brick, Cloth, Concrete, Paper,

Pavement, Rock, Wood: Same

as above, except that

contaminant must be soluble to

at least 5% by weight in the

solvent.

c. Vapor Phase Solvent

Extraction: Application of an

organic vapor using sufficient

agitation, residence time, and

temperature to cause

hazardous contaminants on

contaminated debris surfaces

and surface pores to enter the

vapor phase and be flushed

away with the organic vapor.

Same as above, except that

brick, cloth, concrete, paper,

pavement, rock and wood

surfaces must be in contact

with the organic vapor for at

least 60 minutes.

Same as above.3. Thermal

Extraction

a. High Temperature Metals

Recovery: Application of

sufficient heat, residence time,

mixing, fluxing agents, and/or

carbon in a smelting, melting,

or refining furnace to separate

metals from debris.

For refining furnaces, treated

debris must be separated from

treatment residuals using

simple physical or mechanical

means,

and, prior to further

treatment, such residuals must

meet the waste-specific

treatment standards for organic

compounds in the waste

Debris contaminated with a

dioxin-listed waste:

Obtain an

"Equivalent Technology"

approval under 35 Ill. Adm.

Code 728.142(b).

245

contaminating the debris.

b. Thermal Desorption:

Heating in an enclosed

chamber under either oxidizing

or nonoxidizing atmospheres

at sufficient temperature and

residence time to vaporize

hazardous contaminants from

contaminated surfaces and

surface pores and to remove

the contaminants from the

heating chamber in a gaseous

exhaust gas.

All Debris: Obtain an

"Equivalent Technology"

approval under 35 Ill. Adm.

Code 728.142(b);

treated

debris must be separated from

treatment residuals using

simple physical or mechanical

means,

and, prior to further

treatment, such residue must

meet the waste-specific

treatment standards for organic

compounds in the waste

contaminating the debris.

Brick, Cloth, Concrete, Paper,

Pavement, Rock, Wood:

Debris must be no more than

10 cm (4 inches) in one

dimension (i.e., thickness

limit),

except that this

thickness limit may be waived

under the "Equivalent

Technology" approval

All Debris: Metals other than

mercury.

B. Destruction Technologies:

1. Biological Destruction

(Biodegradation): Removal of

hazardous contaminants from

debris surfaces and surface

pores in an aqueous solution

and biodegration of organic or

nonmetallic inorganic

compounds (i.e., inorganics

that contain phosphorus,

nitrogen, or sulfur) in units

operated under either aerobic

or anaerobic conditions.

All Debris: Obtain an

"Equivalent Technology"

approval under 35 Ill. Adm.

Code 728.142(b);

treated

debris must be separated from

treatment residuals using

simple physical or mechanical

means,

and, prior to further

treatment, such residue must

meet the waste-specific

treatment standards for organic

compounds in the waste

contaminating the debris.

Brick, Cloth, Concrete, Paper,

Pavement, Rock, Wood:

Debris must be no more than

1.2 cm (2 inch) in one

All Debris: Metal

contaminants.

246

dimension (i.e., thickness

limit),

except that this

thickness limit may be waived

under the "Equivalent

Technology" approval

2. Chemical Destruction

a. Chemical Oxidation:

Chemical or electolytic

oxidation utilizing the

following oxidation reagents

(or waste reagents) or

combination of reagents-(1)

hypochlorite (e.g., bleach); (2)

chlorine; (3) chlorine dioxide;

(4) ozone or UV (ultraviolet

light) assisted ozone; (5)

peroxides; (6) persulfates; (7)

perchlorates; (8)

permanganates; and/or (9)

other oxidizing reagents of

equivalent destruction

efficiency.

Chemical

oxidation specifically includes

what is referred to as alkaline

chlorination.

All Debris: Obtain an

"Equivalent Technology"

approval under 35 Ill. Adm.

Code.142(b);

treated debris

must be separated from

treatment residuals using

simple physical or mechanical

means,

and, prior to further

treatment, such residue must

meet the waste-specific

treatment standards for organic

compounds in the waste

contaminating the debris.

Brick, Cloth, Concrete, Paper,

Pavement, Rock, Wood:

Debris must be no more than

1.2 cm (2 inch) in one

dimension (i.e., thickness

limit),

except that this

thickness limit may be waived

under the "Equivalent

Technology" approval

All Debris: Metal

contaminants.b. Chemical

Reduction: Chemical reaction

utilizing the following

reducing reagents (or waste

reagents) or combination of

reagents: (1) sulfur dioxide;

(2) sodium, potassium, or

alkali salts of sulfites,

bisulfites, and metabisulfites,

and polyethylene glycols (e.g.,

NaPEG and KPEG); (3)

sodium hydrosulfide; (4)

Same as above

Same as above.

247

ferrous salts; and/or (5) other

reducing reagents of

equivalent efficiency.

3. Thermal Destruction:

Treatment in an incinerator

operating in accordance with

35 Ill. Adm. Code 724.Subpart

O or 35 Ill. Adm. Code

725.Subpart O; a boiler or

industrial furnace operating in

accordance with 35 Ill. Adm.

Code 726.Subpart H, or other

thermal treatment unit

operated in accordance with 35

Ill. Adm. Code 724.Subpart X,

or 35 Ill. Adm. Code

725.Subpart P, but excluding

for purposes of these debris

treatment standards Thermal

Desorption units.

Treated debris must be

separated from treatment

residuals using simple physical

or mechanical means,

and,

prior to further treatment, such

residue must meet the waste-

specific treatment standards

for organic compounds in the

waste contaminating the

debris.

Brick, Concrete, Glass, Metal,

Pavement, Rock, Metal:

Metals other than mercury,

except that there are no metal

restrictions for vitrification.

Debris contaminated with a

dioxin-listed waste.

Obtain an

"Equivalent Technology"

approval under 35 Ill. Adm.

Code 728.142(b),

except that

this requirement does not

apply to vitrification.

C. Immobilization

Technologies:

1. Macroencapsulation:

Application of surface coating

materials such as polymeric

organics (e.g., resins and

plastics) or use of a jacket of

inert inorganic materials to

substantially reduce surface

exposure to potential leaching

media.

Encapsulating material must

completely encapsulate debris

and be resistant to degradation

by the debris and its

contaminants and materials

into which it may come into

contact after placement

(leachate, other waste,

microbes).

None.2. Microencapsulation:

Stabilization of the debris with

the following reagents (or

waste reagents) such that the

leachability of the hazardous

contaminants is reduced: (1)

Portland cement; or (2) lime/

pozzolans (e.g., fly ash and

cement kiln dust). Reagents

Leachability of the hazardous

contaminants must be reduced.

None.

248

(e.g., iron salts, silicates, and

clays) may be added to

enhance the set/cure time

and/or compressive strength,

or to reduce the leachability of

the hazardous constituents.

3. Sealing: Application of an

appropriate material which

adheres tightly to the debris

surface to avoid exposure of

the surface to potential

leaching media. When

necessary to effectively seal

the surface, sealing entails

pretreatment of the debris

surface to remove foreign

matter and to clean and

roughen the surface. Sealing

materials include epoxy,

silicone, and urethane

compounds, but paint may not

be used as a sealant

Sealing must avoid exposure

of the debris surface to

potential leaching media and

sealant must be resistent to

degradation by the debris and

its contaminants and materials

into which it may come into

contact after placement

(leachate, other waste,

microbes).

None.

(Source: Added at 18 Ill. Reg. _________, effective ______________________)

Section 728.Appendix B

Treatment Standards (As concentrations in the Treatment Residual

Extract)

The Board incorporates by reference 40 CFR 268, Appendix II (19912), as amended at 57 Fed.

Reg. 37281 (Aug. 18, 1992). This incorporation includes no future editions or amendments.

(Source: Amended at 18 Ill. Reg. _________, effective ______________________)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 739

STANDARDS FOR THE MANAGEMENT OF USED OIL

SUBPART A: DEFINITIONS

Section

249

739.100

Definitions

SUBPART B: APPLICABILITY

Section

739.110

Applicability

739.111

Used oil specifications

739.112

Prohibitions

SUBPART C: STANDARDS FOR USED OIL GENERATORS

Section

739.120

Applicability

739.121

Hazardous waste mixing

739.122

Used oil storage

739.123

On-site burning in space heaters

739.124

Off-site shipments

SUBPART D: STANDARDS FOR USED OIL COLLECTION CENTERS AND

AGGREGATION POINTS

Section

739.130

Do-it-yourselfer used oil collection centers

739.131

Used oil collection centers

739.132

Used oil aggregate points owned by the generator

SUBPART E: STANDARDS FOR USED OIL TRANSPORTER AND TRANSFER

FACILITIES

Section

739.140

Applicability

739.141

Restrictions on transporters whothat are not also processors

739.142

Notification

739.143

Used oil transportation

739.144

Rebuttable presumption for used oil

739.145

Used oil storage at transfer facilities

739.146

Tracking

739.147

Management of residues

SUBPART F: STANDARDS FOR USED OIL PROCESSORS

Section

739.150

Applicability

739.151

Notification

739.152

General facility standards

739.153

Rebuttable presumption for used oil

739.154

Used oil management

739.155

Analysis plan

739.156

Tracking

739.157

Operating record and reporting

250

739.158

Off-site shipments of used oil

739.159

Management of residues

SUBPART G: STANDARDS FOR USED OIL BURNERS WHOTHAT BURN

OFF-SPECIFICATION USED OIL FOR ENERGY RECOVERY

Section

739.160

Applicability

739.161

Restriction on burning

739.162

Notification

739.163

Rebuttable presumption for used oil

739.164

Used oil storage

739.165

Tracking

739.166

Notices

739.167

Management of residues

SUBPART H: STANDARDS FOR USED OIL FUEL MARKETERS

Section

739.170

Applicability

739.171

Prohibitions

739.172

On-specification used oil fuel

739.173

Notification

739.174

Tracking

739.175

Notices

SUBPART I: STANDARDS FOR USE AS A DUST SUPPRESSANT DISPOSAL OF USED

OIL

Section

739.180

Applicability

739.181

Disposal

739.182

Use as a dust suppressant

AUTHORITY: Implementing Section 22.4 and authorized by Section 27 of the Environmental

Protection Act (Ill. Rev. Stat. 1991, ch. 1112, pars. 1022.4 and 1027 [415 ILCS 5/22.4 and

5/27]).

SOURCE: Adopted in R93-4 at 17 Ill. Reg. 20954, effective November 22, 1993; amended in

R93-16 at 18 Ill. Reg. _________, effective ____________________.

SUBPART A: DEFINITIONS

Section 739.100

Definitions

Terms that are defined in 35 Ill. Adm. Code 720.110, 721.101, and 731.112 have the same

251

meanings when used in this Part.

"Aboveground tank" means a tank used to store or process used oil that is not an

underground storage tank as defined in 35 Ill. Adm. Code 280.12.

BOARD NOTE: This definition is different from the definition for

"Aboveground tank" given in 35 Ill. Adm. Code 720.110. Although the meanings

are similar, the main distinction is that the definition for this Part limits the tanks

to those used to store or process used oil, whereas the 720.110 definition

contemplates tanks which contain hazardous wastes. The above definition is

limited to this Part only.

"Container" means any portable device in which a material is stored, transported,

treated, disposed of, or otherwise handled.

"Do-it-yourselfer used oil collection center" means any site or facility that accepts

or aggregates and stores used oil collected only from household do-it-yourselfers.

"Existing tank" means a tank that is used for the storage or processing of used oil

and that is in operation, or for which installation has commenced on or prior to

the effective date of the authorized used oil program for the State in which the

tank is located. 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 installation of the tank and if either:

A continuous on-site installation program has begun, or

The owner or operator has entered into contractual obligations-which

cannot be canceled or modified without substantial loss-for installation of

the tank to be completed within a reasonable time.

BOARD NOTE: This definition is similar to the definition for "Existing

tank system" in 35 Ill. Adm. Code 720.110. Although the meanings are

similar, the definition given above for "existing tank" in this Part limits the

tanks to those used to store or process used oil, whereas the 720.110

definition contemplates tanks systems which contain hazardous wastes.

The above definition is limited to this Part only.

"Household `do-it-yourselfer' used oil" means oil that is derived from households,

such as used oil generated by individuals who generate used oil through the

maintenance of their personal vehicles.

BOARD NOTE: Household `do-it-yourselfer' used oil is not subject to the State's

special waste hauling permit requirements under Part 809.

"Household `do-it-yourselfer' used oil generator" means an individual who

generates household "do-it-yourselfer" used oil.

252

"New tank" means a tank that will be used to store or process used oil and for

which installation has commenced after the effective date of the authorized used

oil program for the State in which the tank is located.

BOARD NOTE: This definition is similar to the definition given for "New tank

system" given in 35 Ill. Adm. Code 720.110. Although the meanings are similar,

the definition given above for "new tank" in this Part limits the tanks to those

used to store or process used oil, whereas the 720.110 definition contemplates

new tanks systems which contain hazardous wastes. The above definition is

limited to this Part only.

"Processing" means chemical or physical operations designed to produce from

used oil, or to make used oil more amenable for production of, fuel oils,

lubricants, or other used oil-derived product. Processing includes, but is not

limited to: blending used oil with virgin petroleum products, blending used oils to

meet the fuel specification, filtration, simple distillation, chemical or physical

separation and re-refining.

"Re-refining distillation bottoms" means the heavy fraction produced by vacuum

distillation of filtered and dehydrated used oil. The composition of still bottoms

varies with column operation and feedstock.

"Tank" means any stationary device, designed to contain an accumulation of used

oil which is constructed primarily of non-earthen materials, (e.g., wood, concrete,

steel, plastic) which provides structural support.

"Used oil" means any oil that has been refined from crude oil, or any synthetic oil,

that has been used and as a result of such use ifs contaminated by physical or

chemical impurities.

"Used oil aggregation point" means any site or facility that accepts, aggregates, or

stores used oil collected only from other used oil generation sites owned or

operated by the owner or operator of the aggregation point, from which used oil is

transported to the aggregation point in shipments of no more than 55 gallons.

Used oil aggregation points may also accept used oil from household do-it-

yourselfers.

"Used oil burner" means a facility where used oil not meeting the specification

requirements in Section 739.111 is burned for energy recovery in devices

identified in Section 739.161(a).

"Used oil collection center" means any site or facility that is registered by the

Agency to manage used oil and accepts or aggregates and stores used oil collected

from used oil generators regulated under Subpart C of this Part whothat

bring

used oil to the collection center in shipments of no more than 55 gallons under the

253

provisions of Section 739.124. Used oil collection centers may also accept used

oil from household do-it-yourselfers.

"Used oil fuel marketer" means any person whothat conducts either of the

following activities:

Directs a shipment of off-specification used oil from their facility to a

used oil burner; or

First claims that used oil that is to be burned for energy recovery meets the

used oil fuel specifications set forth in Section 739.111.

"Used oil generator" means any person, by site, whose act or process produces

used oil or whose act first causes used oil to become subject to regulation.

"Used oil processor" means a facility that processes used oil.

"Used oil transfer facility" means any transportation related facility including

loading docks, parking areas, storage areas, and other areas where shipments of

used oil are held for more than 24 hours during the normal course of

transportation and not longer than 35 days. Transfer facilities that store used oil

for more than 35 days are subject to regulation under Subpart F of this Part.

"Used oil transporter" means any person whothat transports used oil, any person

whothat collects used oil from more than one generator and transports the

collected oil, and owners and operators of used oil transfer facilities. Used oil

transporters may consolidate or aggregate loads of used oil for purposes of

transportation but, with the following exception, may not process used oil.

Transporters may conduct incidental processing operations that occur in the

normal course of used oil transportation (e.g., settling and water separation), but

that are not designed to produce (or make more amenable for production of) used

oil derived products or used oil fuel.

(Source: Amended at 18 Ill. Reg. _________, effective ____________________)

SUBPART B: APPLICABILITY

Section 739.110

Applicability

This Section identifies those materials which are subject to regulation as used oil under this Part.

This Section also identifies some materials that are not subject to regulation as used oil under

this Part, and indicates whether these materials may be subject to regulation as hazardous waste

under Parts 702, 703, 720 through 726 and 728.

254

Used oil. U.S. EPA presumes that used oil is to be recycled unless a used oil

handler disposes of used oil, or sends used oil for disposal. Except as provided in

Section 739.111, the regulations of this Part apply to used oil, and to materials

identified in this Section as being subject to regulation as used oil, whether or not

the used oil or material exhibits any characteristics of hazardous waste identified

in 35 Ill. Adm. Code 721.Subpart C.

Mixtures of used oil and hazardous waste.

Listed hazardous waste.

MA mixtures of used oil and hazardous waste that is listed in 35

Ill. Adm. Code 721.Subpart D areis subject to regulation as

hazardous waste under 35 Ill. Adm. Code 703, 720 through 726

and 728, rather than as used oil under this Part.

Rebuttable presumption for used oil. Used oil containing more

than 1,000 ppm total halogens is presumed to be a hazardous waste

because it has been mixed with halogenated hazardous waste listed

in 35 Ill. Adm. Code 721.Subpart D. Persons may rebut this

presumption by demonstrating that the used oil does not contain

hazardous waste (for example, by using an analytical method from

SW-846, Edition III, to show that the used oil does not contain

significant concentrations of halogenated hazardous constituents

listed in 35 Ill. Adm. Code 721.Appendix H). U.S. EPA

Publication SW-846, Third Edition, is available for the cost of

$110.00 from the Government Printing Office, Superintendent of

Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954, (202)

783-3238 (document number 955-001-00000-1).

The rebuttable presumption does not apply to metalworking

oils or fluids containing chlorinated paraffins, if they are

processed, through a tolling arrangement as described in

Section 739.124(c), to reclaim metalworking oils or fluids.

The presumption does apply to metalworking oils or fluids

if such oils or fluids are recycled in any other manner, or

disposed.

ii)

The rebuttable presumption does not apply to used oils

contaminated with chlorofluorocarbons (CFCs) removed

from refrigeration units where the CFCs are destined for

reclamation. The rebuttable presumption does apply to

used oils contaminated with CFCs that have been mixed

255

with used oil from sources other than refrigeration units.

Characteristic hazardous waste. MA mixtures of used oil and hazardous

waste that exhibits a hazardous waste characteristic identified in 35 Ill.

Adm. Code 721.Subpart C and a mixture of used oil and hazardous waste

that is listed in Subpart D of this Part solely because it exhibits one or

more of the characteristics of hazardous waste identified in 35 Ill. Adm.

Code 721.Subpart C areis subject to:

Except as provided in subsection (b)(2)(C) of this Section,

regulation as hazardous waste under 35 Ill. Adm. Code 703, 720

through 726 and 728 rather than as used oil under this Part, if the

resultant mixture exhibits any characteristics of hazardous waste

identified in 35 Ill. Adm. Code 721.Subpart C; or

Except as provided in subsection (b)(2)(C) of this Section,

rRegulation as used oil under this Part, if the resultant mixture

does not exhibit any characteristics of hazardous waste identified

under 35 Ill. Adm. Code 721.Subpart C.

Regulation as used oil under this Part, if the mixture is of used oil

and a waste which is hazardous solely because ift exhibits the

characteristic of ignitability and is not listed in 35 Ill. Adm. Code

721.Subpart D (e.g., mineral spirits), provided that the mixture

does not exhibit the characteristic of ignitability under 35 Ill. Adm.

Code 721.121.

Conditionally exempt small quantity generator hazardous waste. MA

mixtures of used oil and conditionally exempt small quantity generator

hazardous waste regulated under 35 Ill. Adm. Code 721.105 areis

subject

to regulation as used oil under this Part.

Mixtures ofMaterials containing or otherwise contaminated with used oil with

non-hazardous solid wastes. Mixtures of used oil and non-hazardous solid waste

are subject to regulation as used oil under this Part.

Except as provided in subsection (c)(2) of this Section, a material

containing or otherwise contaminated with used oil from which the used

oil has been properly drained or removed to the extent possible such that

no visible signs of free-flowing oil remain in or on the material:

Is not used oil, and thus, it is not subject to this Part, and

If applicable, is subject to the hazardous waste regulations of 35

256

Ill. Adm. Code 703, 705, 720 through 726, and 728.

A material containing or otherwise contaminated with used oil that is

burned for energy recovery is subject to regulation as used oil under this

Part.

Used oil drained or removed from materials containing or otherwise

contaminated with used oil is subject to regulation as used oil under this

Part.

Mixtures of used oil with products.

Except as provided in subsection (d)(2) below, mixtures of used oil and

fuels or other fuel products are subject to regulation as used oil under this

Part.

Mixtures of used oil and diesel fuel mixed on-site by the generator of the

used oil for use in the generator's own vehicles are not subject to this Part

once the used oil and diesel fuel have been mixed. Prior to mixing, the

used oil is subject to the requirements of Subpart C of this Part.

Materials derived from used oil.

Materials that are reclaimed from used oil that are used beneficially and

are not burned for energy recovery or used in a manner constituting

disposal (e.g., re-refined lubricants) are:

Not used oil and thus are not subject to this Part, and

Not solid wastes and are thus not subject to the hazardous waste

regulations of Parts 35 Ill. Adm. Code 703, 720 through 726 and

728 as provided in 35 Ill. Adm. Code 721.103(c)(2)(A).

Materials produced from used oil that are burned for energy recovery

(e.g., used oil fuels) are subject to regulation as used oil under this Part.

Except as provided in subsection (e)(4) below, materials derived from

used oil that are disposed of or used in a manner constituting disposal are:

Not used oil and thus are not subject to this Part, and

Are solid wastes and thus are subject to the hazardous waste

regulations of 35 Ill. Adm. Code 703, 720 through 726 and 728 if

the materials are listed or

identified as hazardous waste.

257

RUsed oil re-refining distillation bottoms that are used as feedstock to

manufacture asphalt products are :

Nnot subject to this Part at this time, and

Not subject to the hazardous waste regulations of 35 Ill. Adm.

Code 703, 720 through 726 and 728 at this time.

Wastewater. Wastewater, the discharge of which is subject to regulation under

either Section 402 or Section 307(b) of the Clean Water Act (including

wastewaters at facilities which have eliminated the discharge of wastewater),

contaminated with de minimis quantities of used oil are not subject to the

requirements of this Part. For purposes of this subsection, "de minimis"

quantities of used oils are defined as small spills, leaks, or drippings from pumps,

machinery, pipes, and other similar equipment during normal operations or small

amounts of oil lost to the wastewater treatment system during washing or draining

operations. This exception will not apply if the used oil is discarded as a result of

abnormal manufacturing operations resulting in substantial leaks, spills, or other

releases, or to used oil recovered from wastewaters.

Used oil introduced into crude oil or natural gas pipelines. Used oil that is placed

directly into a crude oil or natural gas pipeline is subject to the management

standards of this Part only prior to the point of introduction to the pipeline. Once

the used oil is introduced to the pipeline, the material is exempt from the

requirements of this Part.

Used oil on vessels. Used oil produced on vessels from normal shipboard

operations is not subject to this Part until it is transported ashore.

PCB contaminated used oil. PCB-containing used oil regulated 35 Ill.

Adm. Code 761 is exempt from regulation under this Part.

This Section is adopted to maintain correlation with the Federal

regulations.

Used oil containing PCBs. In addition to the requirements of this Part, a marketer

or burner of used oil that markets used oil containing any quantifiable level of

PCBs is subject to the requirements of 40 CFR 761.20(e).

(Source: Amended at 18 Ill. Reg. _________, effective ____________________)

Section 739.111

Used oil specifications

Used oil burned for energy recovery, and any fuel produced from used oil by processing,

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blending, or other treatment, is subject to regulation under this Part unless it is shown not to

exceed any of the allowable levels of the constituents and properties in the specification shown

in Table 1. Once used oil that is to be burned for energy recovery has been shown not to exceed

any specification and the person making that showing complies with Sections 739.172, 739.173,

and 739.174(b), the used oil is no longer subject to this Part.

Table 1-Used Oil Not exceeding Any Specification Level Is Not Subject to this Part When

Burned for Energy Recovery

Constituent/property

Allowable level

Arsenic

5 ppm maximum.

Cadmium

2 ppm maximum.

Chromium

10 ppm maximum.

Lead

100 ppm maximum.

Flash point

100 ?F minimum.

Total halogens

4,000 ppm maximum

FOOTNOTE:

The specification does not apply to mixtures of used oil and hazardous waste that

continue to be regulated as hazardous waste (see Section 739.110(b)).

FOOTNOTE:

Used oil containing more than 1,000 ppm total halogens is presumed to be a

hazardous waste under the rebuttable presumption provided under Section 739.110(b)(1). Such

used oil is subject to 35 Ill. Adm. Code 726.Subpart H rather than this Part when burned for

energy recovery unless the presumption of mixing can be successfully rebutted.

NOTE: Applicable standards for the burning of used oil containing PCBs are imposed by 40

CFR 761.20(e).

(Source: Amended at 18 Ill. Reg. _________, effective ____________________)

Section 739.112

Prohibitions

Surface impoundment prohibition. Used oil shall not be managed in surface

impoundments or waste piles unless the units are subject to regulation under 35

Ill. Adm. Code 724 or 725.

Use as a dust suppressant. The use of used oil as a dust suppressant is prohibited,

except when such activity takes place in one of the states listed in Section

739.182(c).

Burning in particular units. Off-specification used oil fuel may be burned for

energy recovery in only the following devices:

Industrial furnaces identified in 35 Ill. Adm. Code 720.110;

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Boilers, as defined in 35 Ill. Adm. Code 720.110, that are identified as

follows:

Industrial boilers located on the site of a facility engaged in a

manufacturing process where substances are transformed into new

products, including the component parts of products, by

mechanical or chemical processes;

Utility boilers used to produce electric power, steam, heated or

cooled air, or other gases or fluids for sale; or

Used oil-fired space heaters provided that the burner meets the

provisions of Section 739.123.

Hazardous waste incinerators subject to regulation under 35 Ill. Adm.

Code 724.Subpart O or 725.Subpart O.

(Source: Amended at 18 Ill. Reg. _________, effective ____________________)

SUBPART C: STANDARDS FOR USED OIL GENERATORS

Section 739.121

Hazardous waste mixing

Generators shall not mix hazardous waste withMixtures of used oil and hazardous

waste must be managedexcept as provided in accordance with Section

739.110(b)(2)(B) and (C).

The rebuttable presumption for used oil of Section 739.110(b)(1)(B) applies to

used oil managed by generators. Under the rebuttable presumption for used oil of

Section 739.110(b)(1)(B), used oil containing greater than 1,000 ppm total

halogens is presumed to be a hazardous waste and thus must be managed as

hazardous waste and not as used oil unless the presumption is rebutted. However,

the rebuttable presumption does not apply to certain metalworking oils and fluids

and certain used oils removed from refrigeration units.

(Source: Amended at 18 Ill. Reg. _________, effective ____________________)

Section 739.122

Used oil storage

As specified in Section 739.110(f), wastewaters containing "de minimis" quantities of used oil

are not subject to the requirements of this Part, including the prohibition on storage in units other

than tanks or containers. Used oil generators are subject to all applicable federal Spill

Prevention, Control and Countermeasures (40 CFR 112) in addition to the requirements of this

260

Subpart. Used oil generators are also subject to the Underground Storage Tank (35 Ill. Adm.

Code 731) standards for used oil stored in underground tanks whether or not the used oil exhibits

any characteristics of hazardous waste, in addition to the requirements of this sSubpart.

Storage units. Used oil generators shall not store used oil in units other than

tanks, containers, or units subject to regulation under 35 Ill. Adm. Code 724 or

725.

Condition of units. Containers and aboveground tanks used to store used oil at

generator facilities must be:

In good condition (no severe rusting, apparent structural defects or

deterioration); and

Not leaking (no visible leaks).

Labels.

Containers and aboveground tanks used to store used oil at generator

facilities must be labeled or marked clearly with the words "Used Oil."

Fill pipes used to transfer used oil into underground storage tanks at

generator facilities must be labeled or marked clearly with the words

"Used Oil."

Response to releases. Upon detection of a release of used oil to the environment

not subject to the requirements of Part 280, Subpart F which has occurred after

the effective date of the authorized used oil program for the State in which the

release is located, a generator mustshall perform the following cleanup steps:

Stop the release;

Contain the released used oil;

Clean up and manage properly the released used oil and other materials;

and

If necessary to prevent future releases, repair or replace any leaking used

oil storage containers or tanks prior to returning them to service.

(Source: Amended at 18 Ill. Reg. _________, effective ____________________)

Section 739.123

On-site burning in space heaters

Generators may burn used oil in used oil-fired space heaters provided that:

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1a)

The heater burns only used oil that the owner or operator generates or

used oil received from household do-it-yourself used oil generators;

2b)

The heater is designed to have a maximum capacity of not more than 0.5

million Btu per hour; and

3c)

The combustion gases from the heater are vented to the ambient air.

This Section is adopted to maintain correlation with Federal regulations.

(Source: Amended at 18 Ill. Reg. _________, effective ____________________)

Section 739.124

Off-site shipments

Except as provided in subsections (a) through (c) of this Section, generators mustshall ensure

that their used oil is transported only by transporters whothat have obtained a U.S. EPA

identification number and an Illinois special waste identification numbers pursuant to 35 Ill.

Adm. Code Part 809.

BOARD NOTE: A generator whothat qualifies for an exemption under Section 739.124(a)

through (c) may still be subject to the State's special waste hauling permit requirements under

Part35 Ill. Adm. Code 809.

Self-transportation of small amounts to registered collection centers. Generators

may transport, without a U.S. EPA identification number and an Illinois special

waste identification number, used oil that is generated at the generator's site and

used oil collected from household do-it-yourselfers to a used oil collection center

provided that:

The generator transports the used oil in a vehicle owned by the generator

or owned by an employee of the generator;

The generator transports no more than 55 gallons of used oil at any time;

and

The generator transports the used oil to a used oil collection center that

has registered by written notification with the Agency to manage used oil.

This notification shall include information sufficient for the Agency to

identify, locate and communicate with the facility. The notification shall

be submitted on forms provided by the Agency.

Self-transportation of small amounts to aggregation points owned by the

generator. Generators may transport, without an U.S. EPA identification number

262

and an Illinois special waste identification number, used oil that is generated at

the generator's site to an aggregation point provided that:

The generator transports the used oil in a vehicle owned by the generator

or owned by an employee of the generator;

The generator transports no more than 55 gallons of used oil at any time;

and

The generator transports the used oil to an aggregation point that is owned

or operated by the same generator.

Tolling arrangements. Used oil generators may arrange for used oil to be

transported by a transporter without a U.S. EPA identification number and an

Illinois special waste identification number if the used oil is reclaimed under a

contractual agreement pursuant to which reclaimed oil is returned by the

processor to the generator for use as a lubricant, cutting oil, or coolant. The

contract (known as a "tolling arrangement") must indicate:

The type of used oil and the frequency of shipments;

That the vehicle used to transport the used oil to the processing facility

and to deliver recycled used oil back to the generator is owned and

operated by the used oil processor; and

That reclaimed oil will be returned to the generator.

(Source: Amended at 18 Ill. Reg. _________, effective ____________________)

SUBPART E: STANDARDS FOR USED OIL TRANSPORTER AND TRANSFER

FACILITIES

Section 739.140

Applicability

General. Except as provided in subsections (a)(1) through (a)(4) of this Section,

this Subpart applies to all used oil transporters. Used oil transporters are persons

whothat transport used oil, persons whothat collect used oil from more than one

generator and transport the collected oil, and owners and operators of used oil

transfer facilities.

This Subpart does not apply to on-site transportation.

This Subpart does not apply to generators whothat

transport shipments of

used oil totalling 55 gallons or less from the generator to a used oil

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collection center as specified in Section 739.124(a).

This Subpart does not apply to generators whothat transport shipments of

used oil totalling 55 gallons or less from the generator to a used oil

aggregation point owned or operated by the same generator as specified in

Section 739.124(b).

This Subpart does not apply to transportation of used oil generated byfrom

household do-it-yourselfers from the initial generator to a regulated used

oil generator, collection center, aggregation point, processor, or burner

subject to the requirements of this Part. Except as provided in subsections

(a)(1) through (a)(3) of this Section, this Subpart does, however, apply to

transportation of collected household do-it-yourselfer used oil from

regulated used oil generators, collection centers, aggregation points, or

other facilities where household do-it-yourselfer used oil is collected.

BOARD NOTE: A generator whothat qualifies for an exemption under

Section 739.124 may still be subject to the State's special waste hauling

permit requirements under Part 809.

Imports and exports. Transporters whothat import used oil from abroad or export

used oil outside of the United States are subject to the requirements of this

Subpart from the time the used oil enters and until the time it exits the United

States.

Trucks used to transport hazardous waste. Unless trucks previously used to

transport hazardous waste are emptied as described in 35 Ill. Adm. Code 721.107

prior to transporting used oil, the used oil is considered to have been mixed with

the hazardous waste and must be managed as hazardous waste unless, under the

provisions of Section 739.110(b), the hazardous waste and used oil mixture is

determined not to be hazardous waste.

Other applicable provisions. Used oil transporters whothat

conduct the following

activities are also subject to other applicable provisions of this Part as indicated in

subsections (d)(1) through (5) of this Section:

Transporters whothat

generate used oil mustshall also comply with

Subpart C of this Part;

Transporters whothat process or re-refine used oil, except as provided in

Section 739.141, mustshall

also comply with Subpart F of this Part;

Transporters whothat

burn off-specification used oil for energy recovery

mustshall

also comply with Subpart G of this Part;

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Transporters whothat direct shipments of off-specification used oil from

their facility to a used oil burner or first claim that used oil that is to be

burned for energy recovery meets the used oil fuel specifications set forth

in Section 739.111 mustshall also comply with Subpart H of this pPart;

and

Transporters whothat dispose of used oil, including the use of used oil as a

dust suppressant, mustshall also comply with Subpart I of this Part.

(Source: Amended at 18 Ill. Reg. _________, effective ____________________)

Section 739.141

Restrictions on transporters whothat

are not also processors

Used oil transporters may consolidate or aggregate loads of used oil for purposes

of transportation. However, except as provided in subsection (b) of this Section,

used oil transporters may not process used oil unless they also comply with the

requirements for processors in Subpart F of this Part.

Transporters may conduct incidental processing operations that occur in the

normal course of used oil transportation (e.g., settling and water separation), but

that are not designed to produce (or make more amenable for production of) used

oil derived products unless they also comply with the processor requirements in

Subpart F of this Part.

(Source: Amended at 18 Ill. Reg. _________, effective ____________________)

Section 739.142

Notification

Identification numbers. UA used oil transporters whothat haves not previously

complied with the notification requirements of RCRA Section 3010 mustshall

comply with these requirements and obtain a U.S. EPA identification number

pursuant to RCRA Section 3010 and an Illinois special waste identification

number.

Mechanics of notification.

A used oil transporter that has not received a U.S. EPA identification

number may obtain one by notifying U.S. EPA Region V of its used oil

activity by submitting either:

A completed U.S. EPA Form 8700-12 (To obtain ordering

information for U.S. EPA Form 8700-12 call the RCRA/Superfund

Hotline at 1-800-424-9346 or 703-920-9810); or

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A letter requesting a U.S. EPA identification number. (Call the

RCRA/Superfund Hotline to determine where to send a letter

requesting a U.S. EPA identification number.) The letter should

include the following information:

The transporter company name;

ii)

The owner of the transporter company;

iii)

The mailing address for the transporter;

iv)

The name and telephone number for the transporter point of

contact;

The type of transport activity (i.e., transport only, transport

and transfer facility, or transfer facility only);

vi)

The location of all transfer facilities at which used oil is

stored;

vii)

The name and telephone number for a contact at each

transfer facility.

A used oil transporter whothat has not received an Illinois special waste

identification number may obtain one pursuant to 35 Ill. Adm. Code Part

809 by contacting the Agency at the following address: Division of Land

Pollution Control, Illinois EPA, 2200 Churchill Road, Springfield, Illinois

62706 (telephone: 217-782-6761).

(Source: Amended at 18 Ill. Reg. _________, effective ____________________)

Section 739.143

Used oil transportation

Deliveries. A used oil transporter mustshall deliver all used oil received to:

Another used oil transporter, provided that the transporter has obtained a

U.S. EPA identification number and an Illinois special waste identification

number;

A used oil processing facility whothat has obtained a U.S. EPA

identification number and an Illinois special waste identification number;

An off-specification used oil burner facility whothat

has obtained a U.S.

EPA identification number and an Illinois special waste identification

number; or

266

An on-specification used oil burner facility.

ShippingU.S. DOT requirements. UA used oil transporters mustshall comply

with all applicable packaging, labeling, and placarding requirements ofunder the

U.S. Department of Transportation underin 49 CFR parts 173,1 178 and

179through 180. UA person transporting used oil that meets the definition of

combustible liquid (flash point below 200 ?F but at or greater than 100 ?F) or

flammable liquid (flash point below 100 ?F)a hazardous material in 49 CFR

171.8 is subject toshall comply with all applicable U.S. Department of

Transportation Hazardous Materials Regulations atin 49 CFR Parts 10071

through 17780

Used oil discharges.

In the event of a discharge of used oil during transportation, the

transporter mustshall

take appropriate immediate action to protect human

health and the environment (e.g., notify local authorities, dike the

discharge area).

If a discharge of used oil occurs during transportation and an official

(State or local government or a Federal Agency) acting within the scope of

official responsibilities determines that immediate removal of the used oil

is necessary to protect human health or the environment, that official may

authorize the removal of the used oil by a transporters whothat does not

have a U.S. EPA identification number and an Illinois special waste

identification numbers.

An air, rail, highway, or water transporter whothat has discharged used oil

mustshall

Give notice, if required by 49 CFR 171.15 to the National

Response Center (800-424-8802 or 202-426-2675); and

Report in writing as required by 49 CFR 171.16 to the Director,

Office of Hazardous Materials Regulations, Materials

Transportation Bureau, Department of Transportation,

Washington, DC 20590.

A water transporter whothat

has discharged used oil mustshall give notice

as required by 33 CFR 153.203.

A transporter mustshall clean up any used oil discharged that occurs

during transportation or take such action as may be required or approved

by federal, state, or local officials so that the used oil discharge no longer

267

presents a hazard to human health or the environment.

(Source: Amended at 18 Ill. Reg. _________, effective ____________________)

Section 739.145

Used oil storage at transfer facilities

As specified in Section 739.110(f), wastewaters containing "de minimis" quantities of used oil

are not subject to the requirements of this Part, including the prohibition on storage in units other

than tanks or containers. UA used oil transporters areis subject to all applicable Spill Prevention,

Control and Countermeasures (40 CFR 112) in addition to the requirements of this Subpart. UA

used oil generatorstransporter areis also subject to the Underground Storage Tank (35 Ill. Adm.

Code 731) standards for used oil stored in underground tanks whether or not the used oil exhibits

any characteristics of hazardous waste, in addition to the requirements of this Subpart.

Applicability. This Section applies to used oil transfer facilities. Used oil

transfer facilities are transportation related facilities including loading docks,

parking areas, storage areas, and other areas where shipments of used oil are held

for more than 24 hours during the normal course of transportation and not longer

than 35 days. Transfer facilities that store used oil for more than 35 days are

subject to regulation under Subpart F.

Storage units. Owners or operators of used oil transfer facilities may not store

used oil in units other than tanks, containers, or units subject to regulation under

35 Ill. Adm. Code 724 or 725.

Condition of units. Containers and aboveground tanks used to store used oil at

transfer facilities must be:

In good condition (no severe rusting, apparent structural defects or

deterioration); and

Not leaking (no visible leaks).

Secondary containment for containers. Containers used to store used oil at

transfer facilities must be equipped with a secondary containment system.

The secondary containment system must consist of, at a minimum:

Dikes, berms or retaining walls; and

A floor. The floor must cover the entire area within the dikes,

berms, or retaining walls.

; or

An equivalent secondary containment system.

268

The entire containment system, including walls and floors, must be

sufficiently impervious to used oil to prevent any used oil released into the

containment system from migrating out of the system to the soil,

groundwater, or surface water.

Secondary containment for existing aboveground tanks. Existing aboveground

tanks used to store used oil at transfer facilities must be equipped with a

secondary containment system.

The secondary containment system must consist of, at a minimum:

Dikes, berms or retaining walls; and

A floor. The floor must cover the entire area within the dike,

berm, or retaining wall except areas where existing portions of the

tank meet the ground; or

An equivalent secondary containment system.

The entire containment system, including walls and floors, must be

sufficiently impervious to used oil to prevent any used oil released into the

containment system from migrating out of the system to the soil,

groundwater, or surface water.

Secondary containment for new aboveground tanks. New aboveground tanks

used to store used oil at transfer facilities must be equipped with a secondary

containment system.

The secondary containment system must consist of, at a minimum:

Dikes, berms or retaining walls; and

A floor. The floor must cover the entire area within the dike,

berm, or retaining wall; or

An equivalent secondary containment system.

The entire containment system, including walls and floors, must be

sufficiently impervious to used oil to prevent any used oil released into the

containment system from migrating out of the system to the soil,

groundwater, or surface water.

Labels.

Containers and aboveground tanks used to store used oil at transfer

269

facilities must be labeled or marked clearly with the words "Used Oil."

Fill pipes used to transfer used oil into underground storage tanks at

transfer facilities must be labeled or marked clearly with the words "Used

Oil."

Response to releases. Upon detection of a release of used oil to the environment

not subject to the requirements of 35 Ill. Adm. Code 731.Subpart F which has

occurred after the effective date of the authorized used oil program for the State in

which the release is located, a owner or operator of a transfer facility mustshall

perform the following cleanup steps:

Stop the release;

Contain the released used oil;

Clean up and manage properly the released used oil and other materials;

and

If necessary to prevent future releases, repair or replace any leaking used

oil storage containers or tanks prior to returning them to service.

(Source: Amended at 18 Ill. Reg. _________, effective ____________________)

Section 739.146

Tracking

Acceptance. Used oil transporters mustshall keep a record of each used oil

shipment accepted for transport. Records for each shipment must include:

The name and address of the generator, transporter, or processor whothat

provided the used oil for transport;

The U.S. EPA identification number and Illinois special waste

identification number (if applicable) of the generator, transporter, or

processor whothat

provided the used oil for transport;

The quantity of used oil accepted;

The date of acceptance; and

The signature, dated upon receipt of the used oil, of a representative of the

generator, transporter, or processor whothat

provided the used oil for

transport.

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Deliveries. Used oil transporters mustshall keep a record of each shipment of

used oil that is delivered to another used oil transporter, or to a used oil burner,

processor, or disposal facility. Records of each delivery must include:

The name and address of the receiving facility or transporter;

The U.S. EPA identification number and Illinois special waste

identification number of the receiving facility or transporter;

The quantity of used oil delivered;

The date of delivery;

The signature, dated upon receipt of the used oil, of a representative of the

receiving facility or transporter.

Exports of used oil. Used oil transporters mustshall maintain the records

described in subsections (b)(1) through (b)(4) of this Section for each shipment of

used oil exported to any foreign country.

Record retention. The records described in subsections (a), (b), and (c) of this

Section must be maintained for at least three years.

(Source: Amended at 18 Ill. Reg. _________, effective ____________________)

SUBPART F: STANDARDS FOR USED OIL PROCESSORS

Section 739.151

Notification

Identification numbers. UA

used oil processors andor re-refiners whothat haves

not previously complied with the notification requirements of RCRA Section

3010 mustshall

and obtain a U.S. EPA identification number pursuant to RCRA

Section 3010 and an Illinois special waste identification number.

Mechanics of notification.

A used oil processor or re-refiner whothat has not received an Illinois

special waste identification number may obtain one pursuant to 35 Ill.

Adm. Code Part 809.a U.S. EPA identification number may obtain one by

notifying U.S. EPA Region V of its used oil activity by submitting either:

A completed U.S. EPA Form 8700-12 (To obtain ordering

information for U.S. EPA Form 8700-12 call the RCRA/Superfund

271

Hotline at 1-800-424-9346 or 703-920-9810); or

A letter requesting a U.S. EPA identification number. (Call the

RCRA/Superfund Hotline to determine where to send a letter

requesting a U.S. EPA identification number.) The letter should

include the following information:

The processor or re-refiner company name;

ii)

The owner of the processor or re-refiner company;

iii)

The mailing address for the processor or re-refiner;

iv)

The name and telephone number for the processor or re-

refiner point of contact;

The type of transport activity (i.e., transport only, transport

and transfer facility, or transfer facility only);

vi)

The location of all transfer facilities at which used oil is

stored;

vii)

The name and telephone number for a contact at each

transfer facility.

A letter requesting a U.S. EPA identification number. Call the

RCRA/Superfund Hotline to determine where to send a letter requesting a

U.S. EPA identification number. The letter should include the following

information:A used oil processor or re-refiner that has not received an

Illinois special waste identification number may obtain one by contacting

the Agency at the following address: Division of Land Pollution Control,

Illinois EPA, 2200 Churchill Road, Springfield, Illinois 62706

(telephone: 217-782-6761).

Processor or re-refiner company name;

Owner of the processor or re-refiner company;

Mailing address for the processor or re-refiner;

Name and telephone number for the processor or re-refiner point

of contact;

Type of transport activity (i.e., transport only, transport and

transfer facility, or transfer facility only);

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Location of the processor or re-refiner facility.

(Source: Amended at 18 Ill. Reg. _________, effective ____________________)

Section 739.152

General facility standards

Preparedness and prevention. Owners and operators of used oil processors and

re-refiners facilities mustshall comply with the following requirements:

Maintenance and operation of facility. Facilities must be maintained and

operated to minimize the possibility of a fire, explosion, or any unplanned

sudden or non-sudden release of used oil to air, soil, or surface water

which could threaten human health or the environment.

Required equipment. All facilities must be equipped with the following,

unless none of the hazards posed by used oil handled at the facility could

require a particular kind of equipment specified in subsections (a)(2)(A)

through (a)(2)(D) of this Section:

An internal communications or alarm system capable of providing

immediate emergency instruction (voice or signal) to facility

personnel;

A device, such as a telephone (immediately available at the scene

of operations) or a hand-held two-way radio, capable of

summoning emergency assistance from local police departments,

fire departments, or State or local emergency response teams;

Portable fire extinguishers, fire control equipment (including

special extinguishing equipment, such as that using foam, inert

gas, or dry chemicals), spill control equipment and

decontamination equipment; and

Water at adequate volume and pressure to supply water hose

streams, or foam producing equipment, or automatic sprinklers, or

water spray systems.

Testing and maintenance of equipment. All facility communications or

alarm systems, fire protection equipment, spill control equipment, and

decontamination equipment, where required, must be tested and

maintained as necessary to assure its proper operation in time of

emergency.

Access to communications or alarm system.

273

Whenever used oil is being poured, mixed, spread, or otherwise

handled, all personnel involved in the operation must have

immediate access to an internal alarm or emergency

communication device, either directly or through visual or voice

contact with another employee, unless such a device is not

required in subsection (a)(2) of this Section.

If there is ever just one employee on the premises while the facility

is operating, the employee must have immediate access to a

device, such as a telephone (immediately available at the scene of

operation) or a hand-held two-way radio, capable of summoning

external emergency assistance, unless such a device is not required

in subsection (a)(2) of this Section.

Required aisle space. The owner or operator mustshall maintain aisle

space to allow the unobstructed movement of personnel, fire protection

equipment, spill control equipment, and decontamination equipment to

any area of facility operation in an emergency, unless aisle space is not

needed for any of these purposes.

Arrangements with local authorities.

The owner or operator mustshall attempt to make the following

arrangements, as appropriate for the type of used oil handled at the

facility and the potential need for the services of these

organizations:

Arrangements to familiarize police, fire departments, and

emergency response teams with the layout of the facility,

properties of used oil handled at the facility and associated

hazards, places where facility personnel would normally be

working, entrances to roads inside the facility, and possible

evacuation routes;

ii)

Where more than one police and fire department might

respond to an emergency, agreements designating primary

emergency authority to a specific police and a specific fire

department, and agreements with any others to provide

support to the primary emergency authority;

iii)

Agreements with State emergency response teams,

emergency response contractors, and equipment suppliers;

and

274

iv)

Arrangements to familiarize local hospitals with the

properties of used oil handled at the facility and the types

of injuries or illnesses which could result from fires,

explosions, or releases at the facility.

Where State or local authorities decline to enter into such

arrangements, the owner or operator mustshall document the

refusal in the operating record.

Contingency plan and emergency procedures. Owners and operators of used oil

processors and re-refiners facilities mustshall

comply with the following

requirements:

Purpose and implementation of contingency plan.

Each owner or operator mustshall

have a contingency plan for the

facility. The contingency plan must be designed to minimize

hazards to human health or the environment from fires, explosions,

or any unplanned sudden or non-sudden release of used oil to air,

soil, or surface water.

The provisions of the plan must be carried out immediately

whenever there is a fire, explosion, or release or used oil which

could threaten human health or the environment.

Content of contingency plan.

The contingency plan must describe the actions facility personnel

must take to comply with subsections (b)(1) and (b)(6) of this

Section in response to fires, explosions, or any unplanned sudden

or non-sudden release of used oil to air, soil, or surface water at the

facility.

If the owner or operator has already prepared a Spill Prevention,

Control, and Countermeasures (SPCC) Plan in accordance with 40

CFR 112, or 40 CFR 1510, or some other emergency or

contingency plan, the owner or operator need only amend that plan

to incorporate used oil management provisions that are sufficient

to comply with the requirements of this Part.

The plan must describe arrangements agreed to by local police

departments, fire departments, hospitals, contractors, and State and

local emergency response teams to coordinate emergency services,

275

pursuant to subsection (a)(6) of this Section.

The plan must list names, addresses, and phone numbers (office

and home) of all persons qualified to act as emergency coordinator

(see subsection (b)(5) of this Section), and this list must be kept up

to date. Where more than one person is listed, one must be named

as primary emergency coordinator and others must be listed in the

order in which they will assume responsibility as alternates.

The plan must include a list of all emergency equipment at the

facility (such as fire extinguishing systems, spill control

equipment, communications and alarm systems (internal and

external), and decontamination equipment), where this equipment

is required. This list must be kept up to date. In addition, the plan

must include the location and a physical description of each item

on the list, and a brief outline of its capabilities.

The plan must include an evacuation plan for facility personnel

where there is a possibility that evacuation could be necessary.

This plan must describe signal(s) to be used to begin evacuation,

evacuation routes, and alternate evacuation routes (in cases where

the primary routes could be blocked by releases of used oil or

fires).

Copies of contingency plan. A copy of the contingency plan and all

revisions to the plan must be:

Maintained at the facility; and

Submitted to all local police departments, fire departments,

hospitals, and State and local emergency response teams that may

be called upon to provide emergency services.

Amendment of contingency plan. The contingency plan must be

reviewed, and immediately amended, if necessary, whenever:

Applicable regulations are revised;

The plan fails in an emergency;

The facility changes-in its design, construction, operation,

maintenance, or other circumstances-in a way that materially

increases the potential for fires, explosions, or releases of used oil,

or changes the response necessary in an emergency;

276

The list of emergency coordinators changes; or

The list of emergency equipment changes.

Emergency coordinator. At all times, there must be at least one employee

either on the facility 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. This

emergency coordinator mustshall be thoroughly familiar with all aspects

of the facility's contingency plan, all operations and activities at the

facility, the location and characteristic of used oil handled, the location of

all records within the facility, and facility layout. In addition, this person

must have the authority to commit the resources needed to carry out the

contingency plan.

BOARD NOTE: U.S. EPA cited the following as guidance: The

emergency coordinator's responsibilities are more fully spelled out in

subsection (b)(6) below. Applicable responsibilities for the emergency

coordinator vary, depending on factors such as type and variety of used oil

handled by the facility, and type and complexity of the facility.

Emergency procedures.

Whenever there is an imminent or actual emergency situation, the

emergency coordinator (or the designee when the emergency

coordinator is on call) mustshall immediately:

Activate internal facility alarms or communication systems,

where applicable, to notify all facility personnel; and

ii)

Notify appropriate State or local agencies with designated

response roles if their help is needed.

Whenever there is a release, fire, or explosion, the emergency

coordinator mustshall immediately identify the character, exact

source, amount, and a real extent of any released materials. He

may do this by observation or review of facility records of

manifests and, if necessary, by chemical analysts.

Concurrently, the emergency coordinator mustshall

assess possible

hazards to human health or the environment that may result from

the release, fire, or explosion. This assessment must consider both

direct and indirect effects of the release, fire, or explosion (e.g., the

277

effects of any toxic, irritating, or asphyxiating gases that are

generated, or the effects of any hazardous surface water run-offs

from water of chemical agents used to control fire and heat-

induced explosions).

If the emergency coordinator determines that the facility has had a

release, fire, or explosion which could threaten human health, or

the environment, outside the facility, he mustshall report his

findings as follows:

If his assessment indicated that evacuation of local areas

may be advisable, he mustshall

immediately notify

appropriate local authorities. He mustshall

be available to

help appropriate officials decide whether local areas should

be evacuated; and

ii)

He mustshall immediately notify either the government

official designated as the on-scene coordinator for the

geographical area (in the applicable regional contingency

plan under 40 CFR 1510), or the National Response Center

(using their 24-hour toll free number (800) 424-8802). The

report must include: Name and telephone number of

reporter; Name and address of facility; Time and type of

incident (e.g., release, fire); Name and quantity of

material(s) involved, to the extent known; The extent of

injuries, if any; and The possible hazards to human health,

or the environment, outside the facility.

During an emergency, the emergency coordinator mustshall

take

all reasonable measures necessary to ensure that fires, explosions,

and releases do not occur, recur, or spread to other used oil or

hazardous waste at the facility. These measures must include,

where applicable, stopping processes and operation, collecting and

containing released used oil, and removing or isolating containers.

If the facility stops operation in response to a fire, explosion, or

release, the emergency coordinator mustshall

monitor for leaks,

pressure buildup, gas generation, or ruptures in valves, pipes, or

other equipment, wherever this is appropriate.

Immediately after an emergency, the emergency coordinator

mustshall provide for recycling, storing, or disposing of recovered

used oil, contaminated soil or surface water, or any other material

that results from a release, fire, or explosion at the facility.

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The emergency coordinator mustshall ensure that, in the affected

area(s) of the facility:

No waste or used oil that may be incompatible with the

released material is recycled, treated, stored, or disposed of

until cleanup procedures are completed; and

ii)

Aall emergency equipment listed in the contingency plan is

cleaned and fit for its intended use before operations are

resumed.

iii)

The owner or operator mustshall notify the Regional

Administratorthe Agency, and all other appropriate State

and local authorities that the facility is in compliance with

subsections (hb)(6)(H)(i) and (b)(6)(H)(ii) of this Section

before operations are resumed in the affected area(s) of the

facility.

The owner or operator mustshall note in the operating record the

time, date and details of any incident that requires implementing

the contingency plan. Within 15 days after the incident, he

mustshall submit a written report on the incident to the Regional

Administrator. The report must include:

The nName, address, and telephone number of the owner or

operator;

ii)

The nName, address, and telephone number of the facility;

iii)

The dDate, time, and type of incident (e.g., fire, explosion);

iv)

The nName and quantity of material(s) involved;

The extent of injuries, if any;

vi)

An assessment of actual or potential hazards to human

health or the environment, where this is applicable; and

vii)

The eEstimated quantity and disposition of recovered

material that resulted from the incident.

(Source: Amended at 18 Ill. Reg. _________, effective ____________________)

Section 739.154

Used oil management

279

As specified in Section 739.110(f), wastewaters containing "de minimis" quantities of used oil

are not subject to the requirements of this Part, including the prohibition on storage in units other

than tanks or containers. UA used oil processors areis subject to all applicable Spill Prevention,

Control and Countermeasures (40 CFR 112) in addition to the requirements of this Subpart. UA

used oil generatorsprocessor or re-refiner areis also subject to the Underground Storage Tank (35

Ill. Adm. Code 731) standards for used oil stored in underground tanks whether or not the used

oil exhibits any characteristics of hazardous waste, in addition to the requirements of this

Subpart.

Management units. Used oil processors shall not store or process used oil in units

other than tanks, containers, or units subject to regulation under 35 Ill. Adm.

Code 724 or 725.

Condition of units. Containers and aboveground tanks used to store or process

used oil at processing facilities must be:

In good condition (no severe rusting, apparent structural defects or

deterioration); and

Not leaking (no visible leaks).

Secondary containment for containers. Containers used to store or process used

oil at processing and re-refining facilities must be equipped with a secondary

containment system.

The secondary containment system must consist of, at a minimum:

Dikes, berms or retaining walls; and

A floor. The floor must cover the entire area within the dike,

berm, or retaining wall; or

An equivalent secondary containment system.

The entire containment system, including walls and floor, must be

sufficiently impervious to used oil to prevent any used oil released into the

containment system from migrating out of the system to the soil,

groundwater, or surface water.

Secondary containment for existing aboveground tanks. Existing aboveground

tanks used to store or process used oil at processing and re-refining facilities must

be equipped with a secondary containment system.

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The secondary containment system must consist of, at a minimum:

Dikes, berms or retaining walls; and

A floor. The floor must cover the entire area within the dike,

berm, or retaining wall except areas where existing portions of the

tank meet the ground; or

An equivalent secondary containment system.

The entire containment system, including walls and floor, must be

sufficiently impervious to used oil to prevent any used oil released into the

containment system from migrating out of the system to the soil,

groundwater, or surface water.

Secondary containment for new aboveground tanks. New aboveground tanks

used to store or process used oil at processing and re-refining facilities must be

equipped with a secondary containment system.

The secondary containment system must consist of, at a minimum:

Dikes, berms or retaining walls; and

A floor. The floor must cover the entire area within the dike,

berm, or retaining wall; or

An equivalent secondary containment system.

The entire containment system, including walls and floor, must be

sufficiently impervious to used oil to prevent any used oil released into the

containment system from migrating out of the system to the soil,

groundwater, or surface water.

Labels.

Containers and aboveground tanks used to store used oil at processing

facilities must be labeled or marked clearly with the words "Used Oil."

Fill pipes used to transfer used oil into underground storage tanks at

processing facilities must be labeled or marked clearly with the words

"Used Oil."

Response to releases. Upon detection of a release of used oil to the environment

not subject to the requirements of 35 Ill. Adm. Code 731.Subpart F which has

281

occurred after the effective date of the authorized used oil program for the State in

which the release is located, a processor mustshall perform the following cleanup

steps:

Stop the release;

Contain the released used oil;

Clean up and manage properly the released used oil and other materials;

and

If necessary to prevent future releases, repair or replace any leaking used

oil storage containers or tanks prior to returning them to service.

Closure.

Aboveground tanks. Owners and operators whothat store or process used

oil in aboveground tanks mustshall comply with the following

requirements:

At closure of a tank system, the owner or operator mustshall

remove or decontaminate used oil residues in tanks, contaminated

containment system components, contaminated soils, and

structures and equipment contaminated with used oil, and manage

them as hazardous waste, unless the materials are not hazardous

waste under this chapter.

If the owner or operator demonstrates that not all contaminated

soils can be practicably removed or decontaminated as required in

subsection (h)(1)(A) above, then the owner or operator mustshall

close the tank system and perform post-closure care in accordance

with the closure and post-closure care requirements that apply to

hazardous waste landfills (35 Ill. Adm. Code 725.410).

Containers. Owners and operators whothat

store used oil in containers

mustshall

comply with the following requirements:

At closure, containers holding used oils or residues of used oil

must be removed from the site;

The owner or operator mustshall

remove or decontaminate used oil

residues, contaminated containment system components,

contaminated soils, and structures and equipment contaminated

with used oil, and manage them as hazardous waste, unless the

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materials are not hazardous waste 35 Ill. Adm. Code 721.

(Source: Amended at 18 Ill. Reg. _________, effective ____________________)

Section 739.156

Tracking

Acceptance. Used oil processors mustshall keep a record of each used oil

shipment accepted for processing. These records may take the form of a log,

invoice, manifest, bill of lading or other shipping documents. Records for each

shipment must include the following information:

The name and address of the transporter whothat

delivered the used oil to

the processor;

The name and address of the generator or processor from whom the used

oil was sent for processing;

The U.S. EPA identification number and

Illinois special waste

identification number of the transporter whothat delivered the used oil to

the processor;

The U.S. EPA identification number and Illinois special waste

identification number (if applicable) of the generator or processor from

whom the used oil was sent for processing;

The quantity of used oil accepted; and

The date of acceptance.

Deliveries. Used oil processors mustshall

keep a record of each shipment of used

oil that is delivered to another used oil burner, processor, or disposal facility.

These records may take the form of a log, invoice, manifest, bill of lading or other

shipping documents. Records of each delivery must include the following

information:

The name and address of the transporter whothat delivers the used oil to

the burner, processor or disposal facility;

The name and address of the burner, processor or disposal facility whothat

will receive the used oil;

The U.S. EPA identification number and Illinois special waste

identification number of the transporter whothat

delivers the used oil to

the burner, processor or disposal facility;

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The U.S. EPA identification number and Illinois special waste

identification number of the burner, processor, or disposal facility whothat

will receive the used oil;

The quantity of used oil shipped;

The date of shipment.

Record retention. The records described in subsections (a) and (b) above must be

maintained for at least three years.

(Source: Amended at 18 Ill. Reg. _________, effective ____________________)

Section 739.157

Operating record and reporting

Operating record.

The owner or operator mustshall keep a written operating record at the

facility.

The following information must be recorded, as it becomes available, and

maintained in the operating record until closure of the facility;

Records and results of used oil analyses performed as described in

the analysis plan required under Section 739.155; and

Summary reports and details of all incidents that require

implementation of the contingency plan an specified in Section

739.152(b).

Reporting. A used oil processor mustshall

report to the Regional Administrator,

in the form of a letter, on a biennial basis (by March 1 of each even numbered

year), the following information concerning used oil activities during the previous

calendar year;

The U.S. EPA identification number and Illinois special waste

identification number, name, and address of the processor;

The calendar year covered by the report; and

The quantities of used oil accepted for processing and the manner in

which the used oil is processed, including the specific processes

employed.

(Source: Amended at 18 Ill. Reg. _________, effective ____________________)

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Section 739.158

Off-site shipments of used oil

Used oil processors whothat initiate shipments of used oil off-site mustshall ship the used oil

using a used oil transporter whothat has obtained an U.S. EPA identification number and Illinois

special waste identification number.

(Source: Amended at 18 Ill. Reg. _________, effective ____________________)

SUBPART G: STANDARDS FOR USED OIL BURNERS WHOTHAT BURN

OFF-SPECIFICATION USED OIL FOR ENERGY RECOVERY

Section 739.160

Applicability

General. The requirements of this Subpart apply to used oil burners except as

specified in subsections (a)(1) and (a)2) of this Section. A used oil burner is a

facility where used oil not meeting the specification requirements in Section

739.111 is burned for energy recovery in devices identified in Section 739.161(a).

Facilities burning used oil for energy recovery under the following conditions are

not subject to this Subpart:

The used oil is burned by the generator in an on-site space heater under

the provisions of Section 739.123; or

The used oil is burned by a processor for purposes of processing used oil,

which is considered burning incidentally to used oil processing.

Other applicable provisions. Used oil burners whothat

conduct the following

activities are also subject to the requirements of other applicable provisions of this

Part as indicated below.

Burners whothat

generate used oil mustshall also comply thiswith Subpart

C of this Part;

Burners whothat transport used oil mustshall also comply with Subpart E

of this Part;

Except as provided in Section 739.161(b), burners whothat process or re-

refine used oil mustshall

also comply with Subpart F of this Part;

Burners whothat

direct shipments of off-specification used oil from their

facility to a used oil burner or first claim that used oil that is to be burned

for energy recovery meets the used oil fuel specifications set forth in

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Section 739.111 mustshall also comply with Subpart H of this Part; and

Burners whothat dispose of used oil, including the use of used oil as a dust

suppressant, mustshall comply with Subpart I of this Part.

Specification fuel. This Subpart does not apply to persons burning used oil that

meets the used oil fuel specification of Section 739.111, provided that the burner

complies with the requirements of Subpart H of this Part.

(Source: Amended at 18 Ill. Reg. _________, effective ____________________)

Section 739.162

Notification

Identification numbers. A uUsed oil burners whothat haves not previously

complied with the notification requirements of RCRA Section 3010 and mustshall

comply with these requirements and obtain a U.S. EPA identification number

pursuant to RCRA Section 3010 and an Illinois special waste identification

number.

Mechanics of notification. A used oil burner whothat has not received an U.S.

EPA identification number may obtain one by notifying the Regional

Administrator of their used oil activity by submitting either:

A completed EPA Form 8700-12 (To obtain EPA Form 8700-12 call

RCRA/Superfund Hotline at 1-800-424-9346 or 703-920-9810); or

A letter requesting an EPA identification number. Call the

RCRA/Superfund Hotline to determine where to send a letter requesting

an EPA identification number. The letter should include the following

information:

BThe

burner company name;

OThe owner of the burner company;

MThe

mailing address for the burner;

NThe

name and telephone number for the burner point of contact;

TThe type of used oil activity; and

LThe

location of the burner facility.

A used oil burner that has not previously obtained an Illinois special waste

286

identification number may obtain one by contacting the Agency at the following

address: Division of Land Pollution Control, Illinois EPA, 2200 Churchill Road,

Springfield, Illinois 62706 (telephone: 217-782-6761).

(Source: Amended at 18 Ill. Reg. _________, effective ____________________)

Section 739.164

Used oil storage

As specified in Section 739.110(f), wastewaters containing "de minimis" quantities of used oil

are not subject to the requirements of this Part, including the prohibition on storage in units other

than tanks or containers. UA used oil burners areis subject to all applicable Spill Prevention,

Control and Countermeasures (40 CFR 112) in addition to the requirements of this Subpart. UA

used oil generatorsburner areis also subject to the Underground Storage Tank (35 Ill. Adm. Code

731) standards for used oil stored in underground tanks whether or not the used oil exhibits any

characteristics of hazardous waste, in addition to the requirements of this Subpart.

Storage units. Used oil burners may not store used oil in units other than tanks,

containers, or units subject to regulation under 35 Ill. Adm. Code 724 or 725.

Condition of units. Containers and aboveground tanks used to store oil at burner

facilities must be:

In good condition (no severe rusting, apparent structural defects or

deterioration); and

Not leaking (no visible leaks).

Secondary containment for containers. Containers used to store used oil at burner

facilities must be equipped with a secondary containment system.

The secondary containment system must consist of, at a minimum:

Dikes, berms or retaining walls; and

A floor. The floor must cover the entire area within the dike,

berm, or retaining wall.

The entire containment system, including walls and floor, must be

sufficiently impervious to used oil to prevent any used oil released into the

containment system from migrating out of the system to the soil,

groundwater, or surface water.

Secondary containment for existing aboveground tanks. Existing aboveground

tanks used to store used oil at burner facilities must be equipped with a secondary

287

containment system.

The secondary containment system must consist of, at a minimum:

Dikes, berms or retaining walls; and

A floor. The floor must cover the entire area within the dike,

berm, or retaining wall except areas where existing portions of the

tank meet the ground; or

An equivalent secondary containment system.

The entire containment system, including walls and floor, must be

sufficiently impervious to used oil to prevent any used oil released into the

containment system from migrating out of the system to the soil,

groundwater, or surface water.

Secondary containment for existing aboveground tanks. New aboveground tanks

used to store used oil at burner facilities must be equipped with a secondary

containment system.

The secondary containment system must consist of, at a minimum:

Dikes, berms or retaining walls; and

A floor. The floor must cover the entire area within the dike,

berm, or retaining wall; or

An equivalent secondary containment system.

The entire containment system, including walls and floor, must be

sufficiently impervious to used oil to prevent any used oil released into the

containment system from migrating out of the system to the soil,

groundwater, or surface water.

Labels.

Containers and aboveground tanks used to store used oil at burner

facilities must be labeled or marked clearly with the words "Used Oil."

Fill pipes used to transfer used oil into underground storage tanks at

burner facilities must be labeled or marked clearly with the words "Used

Oil."

288

Response to releases. Upon detection of a release of used oil to the environment

not subject to the requirements of 35 Ill. Adm. Code 731.Subpart F which has

occurred after the effective date of the authorized used oil program for the State in

which the release is located, a burner mustshall perform the following cleanup

steps:

Stop the release;

Contain the released used oil;

Clean up and manage properly the released used oil and other materials;

and

If necessary, repair or replace any leaking used oil storage containers or

tanks prior to returning them to service.

(Source: Amended at 18 Ill. Reg. _________, effective ____________________)

Section 739.165

Tracking

Acceptance. Used oil burners mustshall keep a record of each used oil shipment

accepted for burning. These records may take the form of a log, invoice,

manifest, bill of lading, or other shipping documents. Records for each shipment

must include the following information:

The name and address of the transporter whothat delivered the used oil to

the burner;

The name and address of the generator or processor from whom the used

oil was sent to the burner;

The U.S. EPA identification number and

Illinois special waste

identification number of the transporter whothat

delivered the used oil to

the burner;

The U.S. EPA identification number and Illinois special waste

identification number (if applicable) of the generator or processor from

whom the used oil was sent to the burner;

The quantity of used oil accepted; and

The date of acceptance.

Record retention. The records described in subsection (a) of this Section must be

289

maintained for at least three years.

(Source: Amended at 18 Ill. Reg. _________, effective ____________________)

Subpart H: STANDARDS FOR USED OIL FUEL MARKETERS

Section 739.170

Applicability

Any person whothat conducts either of the following activities is subject to the

requirements of this SectionSubpart:

Directs a shipment of off-specification used oil from their facility to a

used oil burner; or

First claims that used oil that is to be burned for energy recovery meets the

used oil fuel specifications set forth in Section 739.111.

The following persons are not marketers subject to this Subpart:

Used oil generators, and transporters whothat transport used oil received

only from generators, unless the generator or transporter directs a

shipment of off-specification used oil from their facility to a used oil

burner. However, processors whothat burn some used oil fuel for

purposes of processing are considered to be burning incidentally to

processing. Thus, generators and transporters whothat direct shipments of

off-specification used oil to processors whothat incidently burn used oil

are not marketers subject to this Subpart;

Persons whothat direct shipments of on-specification used oil and whothat

are not the first person to claim the oil meets the used oil fuel

specifications of Section 739.111.

Any person subject to the requirements of this Subpart mustshall

also comply

with one of the following:

Subpart C of this Part - Standards for Used Oil Generators;

Subpart E of this Part - Standards for Used Oil Transporters and Transfer

Facilities;

Subpart F of this Part - Standards for Used Oil Processors and Re-refiners;

290

Subpart G of this Part - Standards for Used Oil Burners whothat Burn Off-

Specification Used Oil for Energy Recovery.

(Source: Amended at 18 Ill. Reg. _________, effective ____________________)

Section 739.171

Prohibitions

A used oil fuel marketer may initiate a shipment of off-specification used oil only to a used oil

burner whothat:

Has an U.S. EPA identification number and Illinois special waste identification

number; and

Burns the used oil in an industrial furnace or boiler identified in Section

739.161(a).

(Source: Amended at 18 Ill. Reg. _________, effective ____________________)

Section 739.172

On-specification used oil fuel

Analysis of used oil fuel. A generator, transporter, processor, or burner may

determine that used oil that is to be burned for energy recovery meets the fuel

specifications of Section 739.111 by performing analyses or obtaining copies of

analyses or other information documenting that the used oil fuel meets the

specifications. Such used oil that is to be burned for energy recovery is not

subject to further regulation under this Part.

Record retention. A generator, transporter, processor, or burner whothat first

claims that used oil that is to be burned for energy recovery meets the

specifications for used oil fuel under this Part mustshall keep copies of analyses

of the used oil (or other information used to make the determination) for three

years.

(Source: Amended at 18 Ill. Reg. _________, effective ____________________)

Section 739.173

Notification

A used oil fuel marketer subject to the requirements of this Section whothat

has

not previously complied with the notification requirements of RCRA Section

3010 mustshall comply with these requirements and obtain a U.S. EPA

identification number pursuant to RCRA Section 3010 and an Illinois special

waste identification number.

A used oil

marketer whothat has not received an U.S. EPA identification number

291

may obtain one by notifying the Regional Administrator of theirits used oil

activity by submitting either:

A completed EPA Form 8700-12; or

A letter requesting an EPA identification number. The letter should

include the following information:

MThe marketer company name;

OThe owner of the marketer;

MThe mailing address for the marketer;

NThe name and telephone number for the marketer point of

contact; and

The type of used oil activity (i.e., generator directing shipments of

off-specification used oil to a burner).

A used oil burner that has not previously obtained an Illinois special waste

identification number may obtain one by contacting the Agency at the following

address: Division of Land Pollution Control, Illinois EPA, 2200 Churchill Road,

Springfield, Illinois 62706 (telephone: 217-782-6761).

(Source: Amended at 18 Ill. Reg. _________, effective ____________________)

Section 739.174

Tracking

Off-specification used oil delivery. Any used oil generatorfuel marketer whothat

directs a shipment of off-specification used oil to a burner mustshall

keep a record

of each shipment of used oil to a used oil burner. These records may take the

form of a log, invoice, manifest, bill of lading or other shipping documents.

Records for each shipment must include the following information:

The name and address of the transporter whothat

delivers the used oil to

the burner;

The name and address of the burner whothat will receive the used oil;

The U.S. EPA identification number and

Illinois special waste

identification

number of the transporter whothat delivers the used oil to

the burner;

292

The U.S. EPA identification number and Illinois special waste

identification number of the burner;

The quantity of used oil shipped; and

The date of shipment.

On-specification used oil delivery. A generator, transporter, processor, or burner

whothat first claims that used oil that is to be burned for energy recovery meets

the fuel specifications under Section 739.111 mustshall keep a record of each

shipment of used oil to an on-specification used oil burner. Records for each

shipment must include the following information:

The name and address of the facility receiving the shipment;

The quantity of used oil fuel delivered;

The date of shipment or delivery; and

A cross-reference to the record of used oil analysis or other information

used to make the determination that the oil meets the specification as

required under Section 739.172(a).

Record retention. The records described in subsections (a) and (b) above must be

maintained for at least three years.

(Source: Amended at 18 Ill. Reg. _________, effective ____________________)