ILLINOIS POLLUTION CONTROL BOARD
March 20, 2008
IN THE MATTER OF:
)
)
RCRA SUBTITLE C UPDATE, USEPA
)
R07-5
AMENDMENTS (January 1, 2006 through
)
(Identical-in-Substance
June 30, 2006)
)
Rulemaking - Land)
IN THE MATTER OF:
)
)
RCRA SUBTITLE C UPDATE, USEPA
)
R07-14
AMENDMENTS (July 1, 2006 through
)
(Identical-in-Substance
December 31, 2006)
)
Rulemaking - Land)
)
(Consolidated)
Proposed Rule. Proposal for Public Comment.
ORDER OF THE BOARD (by G.T. Girard):
The Board today proposes amendments to the Illinois regulations that are “identical in
substance” to hazardous waste regulations adopted by the United States Environmental
Protection Agency (USEPA). The USEPA rules implement Sections 3001, 3002, 3003, 3004,
and 3005 of the federal Resource Conservation and Recovery Act of 1976 (RCRA Subtitle C)
(42 U.S.C. §§ 6921
-
6925 (2005)). The Board also extends the deadline for final adoption of
amendments based on this proposal until July 18, 2008, as is explained in the accompanying
opinion also adopted today.
The consolidated R07-5 docket includes federal RCRA Subtitle C amendments that
USEPA adopted in the period January 1, 2006 though June 30, 2006, and the R07-14 docket
includes federal RCRA Subtitle C amendments that USEPA adopted in the period July 1, 2006
though December 31, 2006. The amendments incorporate into the Illinois regulations three sets
of federal amendments that occurred during these two periods: the April 4, 2006 regulatory
burden reduction initiative amendments, the July 14, 2006 corrective amendments, and the July
28, 2006 amendments excluding certain used cathode ray tubes from the definition of solid
waste. The amendments also complete amendment of the Illinois rules in response to the March
5, 2005 amendments to the hazardous waste manifest system by removing obsolete provisions
from the Illinois regulations. The amendments further make a limited number of corrections to
the text of the rules.
Sections 7.2 and 22.4(a) of the Environmental Protection Act (Act) (415 ILCS 5/7.2 and
22.4(a) (2006)) provide for quick adoption by the Board of regulations that are identical in
substance to federal regulations that USEPA adopts to implement Sections 3001, 3002, 3003,
3004, and 3005 of the federal RCRA. Section 22.4(a) also provides that Title VII of the Act and
Section 5 of the Administrative Procedure Act (APA) (5 ILCS 100/5-35 and 5-40 (2006)) do not
apply to the Board’s adoption of identical-in-substance regulations. The federal RCRA Subtitle
2
C hazardous waste regulations are found at 40 C.F.R. 260 through 268, 270 through 273, and
279.
This order is supported by an opinion that the Board also adopts today. The Board will
cause the proposed amendments to be published in the
Illinois Register
and will hold the docket
open to receive public comments for 45 days after the date of publication. The Board will then
adopt and file the final rules, taking into account the public comments received. The rules will
be adopted and filed no later than July 18, 2008, pursuant to the extension of the deadline
adopted by the Board in this opinion and order pursuant to Section 7.2(b) of the Act (415 ILCS
5/7.2(b) (2006)).
The Board finds that an extension of the due date for final action to adopt amendments
based on the present proposal is necessary until July 18, 2008. The Clerk is directed to cause the
filing of the following proposed amendments with the Office of the Secretary of State for their
publication in the
Illinois Register
:
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
703.102
Electronic Reporting
703.110
References
SUBPART B: PROHIBITIONS
Section
703.120
Prohibitions in General
703.121
RCRA Permits
703.122
Specific Inclusions in Permit Program
703.123
Specific Exclusions from Permit Program
703.124
Discharges of Hazardous Waste
703.125
Reapplying for a Permit
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
3
703.150
Application by Existing HWM Facilities and Interim Status Qualifications
703.151
Application by New HWM Facilities
703.152
Amended Part A Application
703.153
Qualifying for Interim Status
703.154
Prohibitions During Interim Status
703.155
Changes During Interim Status
703.156
Interim Status Standards
703.157
Grounds for Termination of Interim Status
703.158
Permits for Less Than an Entire Facility
703.159
Closure by Removal
703.160
Procedures for Closure Determination
703.161
Enforceable Document for Post-Closure Care
SUBPART D: APPLICATIONS
Section
703.180
Applications in General
703.181
Contents of Part A
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
703.189
Additional Information Required to Assure Compliance with MACT Standards
703.191
Public Participation: Pre-Application Public Notice and Meeting
703.192
Public Participation: Public Notice of Application
703.193
Public Participation: Information Repository
703.200
Specific Part B Application Information
703.201
Containers
703.202
Tank Systems
703.203
Surface Impoundments
703.204
Waste Piles
703.205
Incinerators that Burn Hazardous Waste
703.206
Land Treatment
703.207
Landfills
703.208
Boilers and Industrial Furnaces Burning Hazardous Waste
703.209
Miscellaneous Units
703.210
Process Vents
703.211
Equipment
703.212
Drip Pads
703.213
Air Emission Controls for Tanks, Surface Impoundments, and Containers
703.214
Post-Closure Care Permits
4
SUBPART E: SPECIAL FORMS OF PERMITS
Section
703.220
Emergency Permits
703.221
Alternative Compliance with the Federal NESHAPS
703.222
Incinerator Conditions Prior to Trial Burn
703.223
Incinerator Conditions During Trial Burn
703.224
Incinerator Conditions After Trial Burn
703.225
Trial Burns for Existing Incinerators
703.230
Land Treatment Demonstration
703.231
Research, Development and Demonstration Permits
703.232
Permits for Boilers and Industrial Furnaces Burning Hazardous Waste
703.234
Remedial Action Plans
703.238
RCRA Standardized Permits for Storage and Treatment Units
SUBPART F: PERMIT CONDITIONS OR DENIAL
Section
703.240
Permit Denial
703.241
Establishing Permit Conditions
703.242
Noncompliance Pursuant to Emergency Permit
703.243
Monitoring
703.244
Notice of Planned Changes (Repealed)
703.245
Twenty-four Hour Reporting
703.246
Reporting Requirements
703.247
Anticipated Noncompliance
703.248
Information Repository
SUBPART G: CHANGES TO PERMITS
Section
703.260
Transfer
703.270
Modification or Reissuance
703.271
Causes for Modification
703.272
Causes for Modification or Reissuance
703.273
Facility Siting
703.280
Permit Modification at the Request of the Permittee
703.281
Class 1 Modifications
703.282
Class 2 Modifications
703.283
Class 3 Modifications
SUBPART H: REMEDIAL ACTION PLANS
Section
703.300
Special Regulatory Format
703.301
General Information
703.302
Applying for a RAP
703.303
Getting a RAP Approved
703.304
How a RAP May Be Modified, Reissued, or Terminated
703.305
Operating Under A RAP
5
703.306
Obtaining a RAP for an Off-Site Location
SUBPART I: INTEGRATION WITH MAXIMUM ACHIEVABLE CONTROL
TECHNOLOGY (MACT) STANDARDS
Section
703.320
Options for Incinerators and Cement and Lightweight Aggregate Kilns to
Minimize Emissions from Startup, Shutdown, and Malfunction Events
SUBPART J: RCRA STANDARDIZED PERMITS FOR STORAGE AND
TREATMENT UNITS
Section
703.350
General Information About RCRA Standardized Permits
703.351
Applying for a RCRA Standardized Permit
703.352
Information That Must Be Kept at the Facility
703.353
Modifying a RCRA Standardized Permit
703.Appendix A
Classification of Permit Modifications
AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 22.4, and 27].
SOURCE: Adopted in R82-19 at 7 Ill. Reg. 14289, effective October 12, 1983; amended in
R83-24 at 8 Ill. Reg. 206, effective December 27, 1983; amended in R84-9 at 9 Ill. Reg. 11899,
effective July 24, 1985; amended in R85-22 at 10 Ill. Reg. 1110, effective January 2, 1986;
amended in R85-23 at 10 Ill. Reg. 13284, effective July 28, 1986; amended in R86-1 at 10 Ill.
Reg. 14093, effective August 12, 1986; amended in R86-19 at 10 Ill. Reg. 20702, effective
December 2, 1986; amended in R86-28 at 11 Ill. Reg. 6121, effective March 24, 1987; amended
in R86-46 at 11 Ill. Reg. 13543, effective August 4, 1987; amended in R87-5 at 11 Ill. Reg.
19383, effective Nov. 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
Nov. 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 Sept. 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 Nov. 22,
1993; amended in R93-16 at 18 Ill. Reg. 6898, effective April 26, 1994; amended in R94-7 at 18
Ill. Reg. 12392, effective July 29, 1994; amended in R94-5 at 18 Ill. Reg. 18316, effective
December 20, 1994; amended in R95-6 at 19 Ill. Reg. 9920, effective June 27, 1995; amended in
R95-20 at 20 Ill. Reg. 11225, effective August 1, 1996; amended in R96-10/R97-3/R97-5 at 22
Ill. Reg. 553, effective December 16, 1997; amended in R98-12 at 22 Ill. Reg. 7632, effective
April 15, 1998; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17930, effective Sept. 28, 1998;
amended in R98-21/R99-2/R99-7 at 23 Ill. Reg. 2153, effective January 19, 1999; amended in
R99-15 at 23 Ill. Reg. 9381, effective July 26, 1999; amended in R00-13 at 24 Ill. Reg. 9765,
effective June 20, 2000; amended in R01-21/R01-23 at 25 Ill. Reg. 9313, effective July 9, 2001;
amended in R02-1/R02-12/R02-17 at 26 Ill. Reg. 6539, effective April 22, 2002; amended in
6
R03-7 at 27 Ill. Reg. 3496, effective February 14, 2003; amended in R03-18 at 27 Ill. Reg.
12683, effective July 17, 2003; amended in R05-8 at 29 Ill. Reg. 5966, effective April 13, 2005;
amended in R06-5/R06-6/R06-7 at 30 Ill. Reg. 2845, effective February 23, 2006; amended in
R06-16/R06-17/R06-18 at 31 Ill. Reg. 487, effective December 20, 2006; amended in R07-
5/R07-14 at 32 Ill. Reg. ________, effective ______________________.
SUBPART D: APPLICATIONS
Section 703.182
Contents of Part B
Part B information requirements presented in Sections 703.183 et seq. reflect the standards
promulgated in 35 Ill. Adm. Code 724. These information requirements are necessary in order
for the Agency to determine compliance with the 35 Ill. Adm. Code 724 standards. If an owner
or operator of a HWM facility can demonstrate that the information prescribed in Part B cannot
be provided to the extent required, the Agency may make allowance for submission of such
information on a case by case basis. Information required in Part B must be submitted to the
Agency and signed in accordance with the requirements in 35 Ill. Adm. Code 702.126. Certain
technical data, such as design drawings and specifications and engineering studies, must be
certified by a registered professional engineer qualified Professional Engineer. For post-closure
care permits, only the information specified in Section 703.214 is required in Part B of the permit
application. Part B of the RCRA application includes the following:
a)
General information (Section 703.183);
b)
Facility location information (Section 703.184);
c)
Groundwater protection information (Section 703.185);
d)
Exposure information (Section 703.186); and
e)
Specific information (Section 703.200 et seq.).
BOARD NOTE: Derived from 40 CFR 270.14(a) (2002) (2007).
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 703.202
Tank Systems
Except as otherwise provided in 35 Ill. Adm. Code 724.290, the owner or operator of a facility
that uses tanks to store or treat hazardous waste must provide the following additional
information:
a)
A written assessment that is reviewed and certified by an independent,
a qualified,
registered professional engineer Professional Engineer as to the structural
integrity and suitability for handling hazardous waste of each tank system, as
required under 35 Ill. Adm. Code 724.291 and 724.292;
7
b)
Dimensions and capacity of each tank;
c)
Description of feed systems, safety cutoff, bypass systems, and pressure controls
(e.g., vents);
d)
A diagram of piping, instrumentation, and process flow for each tank system;
e)
A description of materials and equipment used to provide external corrosion
protection, as required under 35 Ill. Adm. Code 724.292(a)(3)(B);
f)
For new tank systems, a detailed descriptions of how the tank systems will be
installed in compliance with 35 Ill. Adm. Code 724.292(b), (c), (d), and (e);
g)
Detailed plans and description of how the secondary containment system for each
tank system is or will be designed, constructed, and operated to meet the
requirements of 35 Ill. Adm. Code 724.293(a), (b), (c), (d), (e), and (f);
h)
For tank systems for which alternative design and operating practices are sought
pursuant to 35 Ill. Adm. Code 724.293(g), the following:
1)
Detailed plans and engineering and hydrogeologic reports, as appropriate,
describing alternate design and operating practices that will, in
conjunction with location aspects, prevent the migration of any hazardous
waste or hazardous constituents into the groundwater or surface water
during the life of the facility,
2)
A detailed assessment of the substantial present or potential hazards posed
to human health or the environment should a release enter the
environment, or
3)
A copy of the petition for alternative design and operating practices or, if
such have already been granted, a copy of the Board order granting
alternative design and operating practices;
i)
Description of controls and practices to prevent spills and overflows, as required
under 35 Ill. Adm. Code 724.294(b);
j)
For tank systems in which ignitable, reactive or incompatible wastes are to be
stored or treated, a description of how operating procedures and tank system and
facility design will achieve compliance with the requirements of 35 Ill. Adm.
Code 724.298 and 724.299; and
k)
Information on air emission control equipment, as required in Section 703.213.
BOARD NOTE: Derived from 40 CFR 270.16 (2002)
(2007).
8
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 703.212
Drip Pads
Except as otherwise provided by 35 Ill. Adm. Code 724.101, the owner or operator of a
hazardous waste treatment, storage, or disposal facility that collects, stores, or treats hazardous
waste on drip pads must provide the following additional information:
a)
A list of hazardous wastes placed or to be placed on each drip pad.
b)
If an exemption is sought to Subpart F of 35 Ill. Adm. Code 724, as provided by
35 Ill. Adm. Code 724.190, detailed plans and an engineering report describing
how the requirements of 35 Ill. Adm. Code 724.190(b)(2) will be met.
c)
Detailed plans and an engineering report describing how the drip pad is or will be
designed, constructed, operated, and maintained to meet the requirements of 35
Ill. Adm. Code 724.673, including the as-built drawings and specifications. This
submission must address the following items, as specified in 35 Ill. Adm. Code
724.671:
1)
The design characteristics of the drip pad;
2)
The liner system;
3)
The leakage detection system, including the leak detection system and
how it is designed to detect the failure of the drip pad or the presence of
any releases of hazardous waste or accumulated liquid at the earliest
practicable time;
4)
Practices designed to maintain drip pads;
5)
The associated collection system;
6)
Control of run-on to the drip pad;
7)
Control of run-off from the drip pad;
8)
The interval at which drippage and other materials will be removed from
the associated collection system and a statement demonstrating that the
interval will be sufficient to prevent overflow onto the drip pad;
9)
Cleaning procedures and documentation:
A)
Procedures for cleaning the drip pad at least once every seven days
to ensure the removal of any accumulated residues of waste or
9
other materials, including, but not limited to: rinsing, washing
with detergents or other appropriate solvents, or steam cleaning;
and
B)
Provisions for documenting the date, time, and cleaning procedure
used each time the pad is cleaned;
10)
Operating practices and procedures that will be followed to ensure that
tracking of hazardous waste or waste constituents off the drip pad due to
activities by personnel or equipment is minimized;
11)
Procedures for ensuring that, after removal from the treatment vessel,
treated wood from pressure and non-pressure processes is held on the drip
pad until drippage has ceased, including recordkeeping practices;
12)
Provisions for ensuring that collection and holding units associated with
the run-on and run-off control systems are emptied or otherwise managed
as soon as possible after storms to maintain design capacity of the system;
13)
If treatment is carried out on the drip pad, details of the process equipment
used, and the nature and quality of the residuals;
14)
A description of how each drip pad, including appurtenances for control of
run-on and run-off, will be inspected in order to meet the requirements of
35 Ill. Adm. Code 724.673. This information must be included in the
inspection plan submitted under Section 703.183(e);
15)
A certification signed by an independent, a qualified, registered
professional engineer Professional Engineer, stating that the drip pad
design meets the requirements of 35 Ill. Adm. Code 724.673(a) through
(f); and
16)
A description of how hazardous waste residues and contaminated
materials will be removed from the drip pad at closure, as required under
35 Ill. Adm. Code 724.675(a). For any waste not to be removed from the
drip pad upon closure, the owner or operator must submit detailed plans
and an engineering report describing how 35 Ill. Adm. Code 724.410(a)
and (b) will be complied with. This information must be included in the
closure plan and, where applicable, the post-closure plan submitted under
Section 703.183(m).
BOARD NOTE: Derived from 40 CFR 270.26 (2002) (2007).
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
10
Section 703.213
Air Emission Controls for Tanks, Surface Impoundments, and Containers
Except as otherwise provided in 35 Ill. Adm. Code 724.101, the owner or operator of a tank, a
surface impoundment, or a container that uses air emission controls in accordance with the
requirements of Subpart CC of 35 Ill. Adm. Code 724 must provide the following additional
information:
a)
Documentation for each floating roof cover installed on a tank subject to 35 Ill.
Adm. Code 724.984(d)(1) or (d)(2) that includes information prepared by the
owner or operator or provided by the cover manufacturer or vendor describing the
cover design, and certification by the owner or operator that the cover meets the
applicable design specifications, as listed in 35 Ill. Adm. Code 725.991(e)(1) or
(f)(1).
b)
Identification of each container area subject to the requirements of Subpart CC of
35 Ill. Adm. Code 724 and certification by the owner or operator that the
requirements of this Subpart D are met.
c)
Documentation for each enclosure used to control air pollutant emissions from
containers in accordance with the requirements of 35 Ill. Adm. Code
724.984(d)(5) or 724.986(e)(1)(ii) that includes records for the most recent set of
calculations and measurements performed by the owner or operator to verify that
the enclosure meets the criteria of a permanent total enclosure, as specified in
“Procedure T—Criteria for and Verification of a Permanent or Temporary Total
Enclosure” in appendix B to 40 CFR 52.741 (VOM Measurement Techniques for
Capture Efficiency), incorporated by reference in 35 Ill. Adm. Code 720.111(b).
d)
Documentation for each floating membrane cover installed on a surface
impoundment in accordance with the requirements of 35 Ill. Adm. Code
724.985(c) that includes information prepared by the owner or operator or
provided by the cover manufacturer or vendor describing the cover design, and
certification by the owner or operator that the cover meets the specifications listed
in 35 Ill. Adm. Code 724.985(c)(1).
e)
Documentation for each closed-vent system and control device installed in
accordance with the requirements of 35 Ill. Adm. Code 724.987 that includes
design and performance information, as specified in Section 703.124(c) and (d).
f)
An emission monitoring plan for both Method 21 (Determination of Volatile
Organic Compound Leaks) in appendix A to 40 CFR 60 (Test Methods),
incorporated by reference in 35 Ill. Adm. Code 720.111(b), and control device
monitoring methods. This plan must include the following information:
monitoring points, monitoring methods for control devices, monitoring frequency,
procedures for documenting exceedences exceedances, and procedures for
mitigating noncompliances.
11
g)
When an owner or operator of a facility subject to Subpart CC of 35 Ill. Adm.
Code 725 cannot comply with Subpart CC of 35 Ill. Adm. Code 724 by the date
of permit issuance, the schedule of implementation required under 35 Ill. Adm.
Code 725.982.
BOARD NOTE: Derived from 40 CFR 270.27(a) (2005) (2007).
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART G: CHANGES TO PERMITS
Section 703.280
Permit Modification at the Request of the Permittee
a)
Class 1 modifications. See Section 703.281.
b)
Class 2 modifications. See Section 703.282.
c)
Class 3 modifications. See Section 703.283.
d)
Other modifications.
1)
In the case of modifications not explicitly listed in Appendix A of this
Part, the permittee may submit a Class 3 modification request to the
Agency, or the permittee may request a determination by the Agency that
the modification be reviewed and approved as a Class 1 or Class 2
modification. If the permittee requests that the modification be classified
as a Class 1 or 2 modification, the permittee must provide the Agency
with the necessary information to support the requested classification.
2)
The Agency must make the determination described in subsection (d)(1)
of this Section as promptly as practicable. In determining the appropriate
class for a specific modification, the Agency must consider the similarity
of the modification to other modifications codified in Appendix A of this
Part and the following criteria:
A)
Class 1 modifications apply to minor changes that keep the permit
current with routine changes to the facility or its operation. These
changes do not substantially alter the permit conditions or reduce
the capacity of the facility to adequately protect human health or
the environment. In the case of Class 1 modifications, the Agency
may require prior approval.
B)
Class 2 modifications apply to changes that are necessary to enable
a permittee to respond, in a timely manner, to any of the following:
i)
Common variations in the types and quantities of the
12
wastes managed under the facility permit;
ii)
Technological advances; and
iii)
Changes necessary to comply with new regulations, where
these changes can be implemented without substantially
changing design specifications or management practices in
the permit.
C)
Class 3 modifications substantially alter the facility or its
operation.
e)
Temporary authorizations.
1)
Upon request of the permittee, the Agency must, without prior public
notice and comment, grant the permittee a temporary authorization in
accordance with this subsection (e). Temporary authorizations have a
term of not more than 180 days.
2)
Procedures.
A)
The permittee may request a temporary authorization for the
following:
i)
Any Class 2 modification meeting the criteria in subsection
(e)(3)(B) of this Section; and
ii)
Any Class 3 modification that meets the criteria in
subsection (e)(3)(B)(i) of this Section or that meets the
criteria in subsections (e)(3)(B)(iii) through (e)(3)(B)(v) of
this Section and provides improved management or
treatment of a hazardous waste already listed in the facility
permit.
B)
The temporary authorization request must include the following:
i)
A description of the activities to be conducted under the
temporary authorization;
ii)
An explanation of why the temporary authorization is
necessary; and
iii)
Sufficient information to ensure compliance with 35 Ill.
Adm. Code 724 standards.
C)
The permittee must send a notice about the temporary
13
authorization request to all persons on the facility mailing list
maintained by the Agency and to appropriate units of State and
local governments, as specified in 35 Ill. Adm. Code
705.163(a)(5). This notification must be made within seven days
after submission of the authorization request.
3)
The Agency must approve or deny the temporary authorization as quickly
as practical. To issue a temporary authorization, the Agency must find as
follows:
A)
That the authorized activities are in compliance with the standards
of 35 Ill. Adm. Code 724.
B)
That the temporary authorization is necessary to achieve one of the
following objectives before action is likely to be taken on a
modification request:
i)
To facilitate timely implementation of closure or corrective
action activities;
ii)
To allow treatment or storage in tanks, containers, or
containment buildings, in accordance with 35 Ill. Adm.
Code 728;
iii)
To prevent disruption of ongoing waste management
activities;
iv)
To enable the permittee to respond to sudden changes in
the types or quantities of the wastes managed under the
facility permit; or
v)
To facilitate other changes to adequately protect human
health and the environment.
4)
A temporary authorization must be reissued for one additional term of up
to 180 days, provided that the permittee has requested a Class 2 or 3
permit modification for the activity covered in the temporary
authorization, and either of the following is true:
A)
The reissued temporary authorization constitutes the Agency’s
decision on a Class 2 permit modification in accordance with
Section 703.282(f)(1)(D) or (f)(2)(D); or
B)
The Agency determines that the reissued temporary authorization
involving a Class 3 permit modification request is warranted to
allow the authorized activities to continue while the modification
14
procedures of 35 Ill. Adm. Code 703.283 are conducted.
f)
Public notice and appeals of permit modification decisions.
1)
The Agency must notify persons on the facility mailing list and
appropriate units of State and local government within 10 days after any
decision to grant or deny a Class 2 or 3 permit modification request. The
Agency must also notify such persons within 10 days after an automatic
authorization for a Class 2 modification goes into effect pursuant to
Section 703.282(f)(3) or (f)(5).
2)
The Agency’s decision to grant or deny a Class 2 or 3 permit modification
request may be appealed under the permit appeal procedures of 35 Ill.
Adm. Code 705.212.
3)
An automatic authorization that goes into effect pursuant to Section
703.282(f)(3) or (f)(5) may be appealed under the permit appeal
procedures of 35 Ill. Adm. Code 705.212; however, the permittee may
continue to conduct the activities pursuant to the automatic authorization
until the Board enters a final order on the appeal notwithstanding the
provisions of 35 Ill. Adm. Code 705.204.
g)
Newly regulated wastes and units.
1)
The permittee is authorized to continue to manage wastes listed or
identified as hazardous pursuant to 35 Ill. Adm. Code 721, or to continue
to manage hazardous waste in units newly regulated as hazardous waste
management units, if each of the following is true:
A)
The unit was in existence as a hazardous waste facility with
respect to the newly listed or characterized waste or newly
regulated waste management unit on the effective date of the final
rule listing or identifying the waste, or regulating the unit;
B)
The permittee submits a Class 1 modification request on or before
the date on which the waste becomes subject to the new
requirements;
C)
The permittee is in compliance with the applicable standards of 35
Ill. Adm. Code 725 and 726;
D)
The permittee also submits a complete class 2 or 3 modification
request within 180 days after the effective date of the rule listing or
identifying the waste, or subjecting the unit to management
standards pursuant to 35 Ill. Adm. Code 724, 725, or 726; and
15
E)
In the case of land disposal units, the permittee certifies that such
unit is in compliance with all applicable requirements of 35 Ill.
Adm. Code 725 for groundwater monitoring and financial
responsibility requirements on the date 12 months after the
effective date of the rule identifying or listing the waste as
hazardous, or regulating the unit as a hazardous waste management
unit. If the owner or operator fails to certify compliance with all
these requirements, the owner or operator loses authority to
operate pursuant to this Section.
2)
New wastes or units added to a facility’s permit pursuant to this
subsection (g) do not constitute expansions for the purpose of the 25
percent capacity expansion limit for Class 2 modifications.
h)
Military hazardous waste munitions treatment and disposal. The permittee is
authorized to continue to accept waste military munitions notwithstanding any
permit conditions barring the permittee from accepting off-site wastes, if each of
the following is true:
1)
The facility was in existence as a hazardous waste facility and the facility
was already permitted to handle the waste military munitions on the date
when the waste military munitions became subject to hazardous waste
regulatory requirements;
2)
On or before the date when the waste military munitions become subject
to hazardous waste regulatory requirements, the permittee submits a Class
1 modification request to remove or amend the permit provision restricting
the receipt of off-site waste munitions; and
3)
The permittee submits a complete Class 2 modification request within 180
days after the date when the waste military munitions became subject to
hazardous waste regulatory requirements.
i)
Permit modification list. The Agency must maintain a list of all approved permit
modifications and must publish a notice once a year in a State-wide newspaper
that an updated list is available for review.
j)
Combustion facility changes to meet federal 40 CFR 63 MACT standards. The
following procedures apply to hazardous waste combustion facility permit
modifications requested pursuant to Appendix A, paragraph L(9) of this Part.
1)
A facility owner or operator must have complied with the federal
notification of intent to comply (NIC) requirements of 40 CFR 63.1210
that was in effect prior to October 11, 2000, (see subpart EEE of 40 CFR
63 (2000), incorporated by reference in 35 Ill. Adm. Code 720.111(b)) in
order to request a permit modification pursuant to this Section for the
16
purpose of technology changes needed to meet the standards of 40 CFR
63.1203, 63.1204, and 63.1205, incorporated by reference in 35 Ill. Adm.
Code 720.111(b).
2)
If the Agency does not act to either approve or deny the request within 90
days of receiving it, the request must be deemed approved. The Agency
may, at its discretion, extend this 90-day deadline one time for up to 30
days by notifying the facility owner or operator in writing before the 90
days has expired. A facility owner or operator must comply with the NIC
requirements of 40 CFR 63.1210(b) and 63.1212(a) before a permit
modification can be requested under this Section for the purpose of
technology changes needed to meet the 40 CFR 63.1215, 63.1216,
63.1217, 63.1218, 63.1219, 63.1220, and 63.1221 standards as added on
October 12, 2005, incorporated by reference in 35 Ill. Adm. Code
720.111(b).
k)
Waiver of RCRA permit conditions in support of transition to the federal 40 CFR
63 MACT standards.
1)
The facility owner or operator may request to have specific RCRA
operating and emissions limits waived by submitting a Class 1 permit
modification request under Appendix A of this Part, paragraph L.10. The
owner or operator must provide the information described in subsections
(k)(1)(A) though (k)(1)(C) of this Section, with Agency review subject to
the conditions of subsection (k)(1)(D) of this Section:
A)
It must identify the specific RCRA permit operating and emissions
limits that the owner or operator is requesting to waive;
B)
It must provide an explanation of why the changes are necessary in
order to minimize or eliminate conflicts between the RCRA permit
and MACT compliance; and
C)
It must discuss how the revised provisions will be sufficiently
protective.
D)
The Agency must approve or deny the request within 30 days after
receipt of the request. The Agency may, at its discretion, extend
this 30-day deadline one time for up to 30 days by notifying the
facility owner or operator in writing.
2)
To request this modification in conjunction with MACT performance
testing, where permit limits may only be waived during actual test events
and pretesting, as defined under 40 CFR 63.1207(h)(2)(i) and (h)(2)(ii),
incorporated by reference in 35 Ill. Adm. Code 720.111(b), for an
aggregate time not to exceed 720 hours of operation (renewable at the
17
discretion of the Agency) the owner or operator must fulfill the conditions
of subsection (k)(2)(A) of this Section, subject to the conditions of
subsection (k)(2)(B) of this Section:
A)
It must submit its modification request to the Agency at the same
time it submits its test plans to the Agency.
B)
The Agency may elect to approve or deny the request contingent
upon approval of the test plans.
l)
Performance Track member facilities. The following procedures apply to the
owners and operators of a Performance Track member facility that requests a
permit modification under paragraph O.1. in Appendix A to this Part.
1)
The owner or operator of a Performance Track member facility must have
complied with the requirements of 35 Ill. Adm. Code 724.115(b)(5) in
order to request a permit modification under this Section.
2)
The owner or operator of the Performance Track member facility should
consider the request for permit modification approved if the Agency does
not, in writing, within 60 days after receiving an application, either deny
the request for permit modification or notify the owner or operator of the
Performance Track member facility that the Agency has extended the 60-
day deadline. During an extension of the 60-day deadline, the owner or
operator of the Performance Track member facility must adhere to the
revised inspection schedule outlined in its request for permit modification,
and it must maintain a copy of the application in the facility’s operating
record.
BOARD NOTE: Derived from 40 CFR 270.42(d) through (k) (2005), as amended at 70 Fed.
Reg. 59402 (Oct. 12, 2005) (l) (2007).
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART J: RCRA STANDARDIZED PERMITS FOR STORAGE AND
TREATMENT UNITS
Section 703.350
General Information About RCRA Standardized Permits
a)
RCRA standardized permit. A RCRA standardized permit (RCRA) is a special
type of permit that authorizes the owner or operator of a facility to manage
hazardous waste. A RCRA standardized permit is issued pursuant to Subpart G
of 35 Ill. Adm. Code 705 and this Subpart J.
BOARD NOTE: Subsection (a) of this Section is derived from 40 CFR 270.250,
as added at 70 Fed. Reg. 53420 (Sep. 8, 2005) (2007).
18
b)
Eligibility for a RCRA standardized permit.
1)
The facility owner or operator may be eligible for a RCRA standardized
permit if the following conditions are fulfilled:
A)
The facility generates hazardous waste and then stores or non-
thermally treats the hazardous waste on-site in containers, tanks, or
containment buildings; or
B)
The facility receives hazardous waste generated off-site by a
generator under the same ownership as the receiving facility, and
the facility stores or non-thermally treats the hazardous waste in
containers, tanks, or containment buildings.
C)
The Agency must inform the facility owner or operator of its
eligibility for a RCRA standardized permit when the Agency
makes a decision on its permit application.
2)
This subsection (b)(2) corresponds with 40 CFR 270.255(b), which
USEPA has marked “Reserved.” This statement maintains structural
consistency with the corresponding federal rules.
BOARD NOTE: Subsection (b) of this Section is derived from 40 CFR 270.255,
as added at 70 Fed. Reg. 53420 (Sep. 8, 2005) (2007).
c)
Permit requirements applicable to a RCRA standardized permit. The following
provisions of this Part and 35 Ill. Adm. Code 702 apply to a RCRA standardized
permit:
1)
General Information: All provisions derived from subpart A of 40 CFR
270 apply: Sections 703.110,
703.121 through 703.124, 703.158 through
703.159,
703.160, and 703.161(a) and 35 Ill. Adm. Code 702.104,
702.110, 702.181, and 720.111.
2)
Permit Application: All provisions derived from 40 CFR 270.10, 270.11,
270.12, 270.13, and 270.29 in subpart B of 40 CFR 270 apply: Sections
703.125, 703.126, 703.150 though 703.152, 703.157, 703.181, 703.186,
703.188, and 703.240 and 35 Ill. Adm. Code 702.103, 702.120 through
702.124, and 702.126.
3)
Permit Conditions: All provisions derived from subpart C of 40 CFR 270
apply: Sections 703.241 through 703.248 and 35 Ill. Adm. Code 702.140
through 702.152, 702.160, and 702.162 through 702.164.
4)
Changes to Permit: All provisions derived from 40 CFR 270.40, 270.41,
19
and 270.43 in subpart D of 40 CFR 270 apply: Sections 703.260 and
703.270 though 703.273 and 35 Ill. Adm. Code 702.186.
5)
Expiration and Continuation of Permits: All provisions derived from
subpart E of 40 CFR 270 apply: 35 Ill. Adm. Code 702.125 and 702.161.
6)
Special Forms of Permits: The provision derived from 40 CFR 270.67 in
subpart F of 40 CFR 270 apply: Section 703.238.
7)
Interim Status: All provisions derived from subpart G of 40 CFR 270
apply: Sections 703.153 through 703.157.
8)
Remedial Action Plans: No provisions derived from subpart H of 40 CFR
270 apply: no provisions of Subpart H of 35 Ill. Adm. Code 703 apply.
9)
RCRA Standardized Permits: All provisions derived from subpart J of 40
CFR 270 apply: this Subpart J.
BOARD NOTE: Subsection (c) of this Section is derived from 40 CFR 270.260,
as added at 70 Fed. Reg. 53420 (Sep. 8, 2005) (2007).
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 703.352
Information That Must Be Kept at the Facility
a)
General types of information to be maintained at the facility. The facility owner
or operator must keep the following information at its facility:
1)
A general description of the facility;
2)
Results of chemical and physical analyses of the hazardous waste and
hazardous debris handled at the facility. At a minimum, these results of
analyses must contain all the information that the owner or operator must
know to treat or store the wastes properly pursuant to 35 Ill. Adm. Code
727;
3)
A copy of the waste analysis plan required by 35 Ill. Adm. Code
727.110(d)(2);
4)
A description of the security procedures and equipment required by 35 Ill.
Adm. Code 727.110(e);
5)
A copy of the general inspection schedule required by 35 Ill. Adm. Code
727.110(f)(2). The owner or operator must include in the inspection
schedule applicable requirements of 35 Ill. Adm. Code 724.933, 724.952,
724.953, 724.958, 724.988, 727.270(e), and 727.290(d) and (f);
20
6)
A justification of any modification of the preparedness and prevention
requirements of 35 Ill. Adm. Code 727.130(a) through (f);
7)
A copy of the contingency plan required by 35 Ill. Adm. Code 727.150;
8)
A description of procedures, structures, or equipment used at the facility
to accomplish each of the following:
A)
Prevent hazards in unloading operations (for example, use ramps,
special forklifts);
B)
Prevent runoff from hazardous waste handling areas to other areas
of the facility or environment, or to prevent flooding (for example,
with berms, dikes, trenches, etc.);
C)
Prevent contamination of water supplies;
D)
Mitigate effects of equipment failure and power outages;
E)
Prevent undue exposure of personnel to hazardous waste (for
example, requiring protective clothing); and
F)
Prevent releases to atmosphere;
9)
A description of precautions to prevent accidental ignition or reaction of
ignitable, reactive, or incompatible wastes as required by 35 Ill. Adm.
Code 727.110(h);
10)
The traffic pattern, estimated volume (number, types of vehicles) and
control (for example, show turns across traffic lanes, and stacking lanes;
describe access road surfacing and load bearing capacity; show traffic
control signals, etc.);
11)
This subsection (a)(11) corresponds with 40 CFR 270.290(k), which
USEPA has marked “Reserved.” This statement maintains structural
consistency with the corresponding federal rules;
12)
An outline of both the introductory and continuing training programs that
the owner or operator will use to prepare employees to operate or maintain
its facility safely as required by 35 Ill. Adm. Code 727.110(g). A brief
description of how training will be designed to meet actual job tasks
pursuant to 35 Ill. Adm. Code 727.110(g)(1)(B) requirements;
13)
A copy of the closure plan required by 35 Ill. Adm. Code 727.210(c).
Include, where applicable, as part of the plans, specific requirements in 35
21
Ill. Adm. Code 727.270(g), 727.290(l), and 727.900(i);
14)
This subsection (a)(14) corresponds with 40 CFR 270.290(n), which
USEPA has marked “Reserved.” This statement maintains structural
consistency with the corresponding federal rules;
15)
The most recent closure cost estimate for the facility prepared pursuant to
35 Ill. Adm. Code 727.240(c) and a copy of the documentation required to
demonstrate financial assurance pursuant to 35 Ill. Adm. Code 727.240(d).
For a new facility, the owner or operator may gather the required
documentation 60 days before the initial receipt of hazardous wastes;
16)
This subsection (a)(16) corresponds with 40 CFR 270.290(p), which
USEPA has marked “Reserved.” This statement maintains structural
consistency with the corresponding federal rules;
17)
Where applicable, a copy of the insurance policy or other documentation
that complies with the liability requirements of 35 Ill. Adm. Code
727.240(h). For a new facility, documentation showing the amount of
insurance meeting the specification of 35 Ill. Adm. Code 727.240(h)(1)
that the owner or operator plans to have in effect before initial receipt of
hazardous waste for treatment or storage;
18)
Where appropriate, proof of coverage by a State financial mechanism, as
required by 35 Ill. Adm. Code 727.240(j) or 727.240(k);
19)
A topographic map showing a distance of 1,000 feet around the facility at
a scale of 2.5 centimeters (1 inch) equal to not more than 61.0 meters (200
feet). The map must show elevation contours. The contour interval must
show the pattern of surface water flow in the vicinity of and from each
operational unit of the facility. For example, contours with an interval of
1.5 meters (5 feet), if relief is greater than 6.1 meters (20 feet), or an
interval of 0.6 meters (2 feet), if relief is less than 6.1 meters (20 feet). If
the facility is in a mountainous area, the owner or operator should use
large contour intervals to adequately show topographic profiles of the
facility. The map must clearly show each of the following:
A)
The map scale and date;
B)
Any 100-year flood plain area;
C)
All surface waters including intermittent streams;
D)
The surrounding land uses (residential, commercial, agricultural,
recreational, etc.);
22
E)
A wind rose (
i.e.,
prevailing windspeed and direction);
F)
The orientation of the map (north arrow);
G)
Legal boundaries of the facility site;
H)
Facility access control (fences, gates);
I)
All injection and withdrawal wells both on-site and off-site;
J)
All buildings; treatment, storage, or disposal operations; and other
structures (recreation areas, runoff control systems, access and
internal roads, storm, sanitary, and process sewerage systems,
loading and unloading areas, fire control facilities, etc.);
K)
Barriers for drainage or flood control; and
L)
The location of operational units within the facility where
hazardous waste is (or will be) treated or stored (including
equipment cleanup areas).
BOARD NOTE: Subsection (a) of this Section is derived from 40 CFR 270.290,
as added at 70 Fed. Reg. 53420 (Sep. 8, 2005) (2007).
b)
Container information to be maintained at the facility. If the facility owner or
operator stores or treats hazardous waste in containers, it must keep the following
information at its facility:
1)
A description of the containment system to demonstrate compliance with
the container storage area provisions of 35 Ill. Adm. Code 727.270(d).
This description must show the following information:
A)
The basic design parameters, dimensions, and materials of
construction;
B)
How the design promotes drainage or how containers are kept
from contact with standing liquids in the containment system;
C)
The capacity of the containment system relative to the number and
volume of containers to be stored;
D)
The provisions for preventing or managing run-on; and
E)
How accumulated liquids can be analyzed and removed to prevent
overflow;
23
2)
For storage areas that store containers holding wastes that do not contain
free liquids, a demonstration of compliance with 35 Ill. Adm. Code
727.270(d)(3), including the following:
A)
Test procedures and results or other documentation or information
to show that the wastes do not contain free liquids; and
B)
A description of how the storage area is designed or operated to
drain and remove liquids or how containers are kept from contact
with standing liquids;
3)
Sketches, drawings, or data demonstrating compliance with 35 Ill. Adm.
Code 727.270(e) (location of buffer zone (15m or 50ft) and containers
holding ignitable or reactive wastes) and 35 Ill. Adm. Code 727.270(f)(3)
(location of incompatible wastes in relation to each other), where
applicable;
4)
Where incompatible wastes are stored or otherwise managed in containers,
a description of the procedures used to ensure compliance with 35 Ill.
Adm. Code 727.270(f)(1) and (f)(2), and 35 Ill. Adm. Code 727.110(h)(2)
and (h)(3); and
5)
Information on air emission control equipment as required by Section
703.352(e).
BOARD NOTE: Subsection (b) of this Section is derived from 40 CFR 270.300,
as added at 70 Fed. Reg. 53420 (Sep. 8, 2005) (2007).
c)
Tank information to be maintained at the facility. If the facility owner or operator
uses tanks to store or treat hazardous waste, it must keep the following
information at its facility:
1)
A written assessment that is reviewed and certified by an independent,
qualified, registered professional engineer on the structural integrity and
suitability for handling hazardous waste of each tank system, as required
pursuant to 35 Ill. Adm. Code 727.290(b) and (c);
2)
The dimensions and capacity of each tank;
3)
A description of feed systems, safety cutoff, bypass systems, and pressure
controls (
e.g.,
vents);
4)
A diagram of piping, instrumentation, and process flow for each tank
system;
5)
A description of materials and equipment used to provide external
24
corrosion protection, as required pursuant to 35 Ill. Adm. Code
727.290(b);
6)
For new tank systems, a detailed description of how the tank systems will
be installed in compliance with 35 Ill. Adm. Code 727.290(c) and (e);
7)
Detailed plans and description of how the secondary containment system
for each tank system is or will be designed, constructed, and operated to
meet the requirements of 35 Ill. Adm. Code 727.290(f) and (g);
8)
This subsection (c)(8) corresponds with 40 CFR 270.305(h), which
USEPA has marked “Reserved.” This statement maintains structural
consistency with the corresponding federal rules;
9)
A description of controls and practices to prevent spills and overflows, as
required pursuant to 35 Ill. Adm. Code 727.290(i);
10)
For tank systems in which ignitable, reactive, or incompatible wastes are
to be stored or treated, a description of how operating procedures and tank
system and facility design will achieve compliance with 35 Ill. Adm. Code
727.290(m) and (n); and
11)
Information on air emission control equipment, as required by Section
703.352(e).
BOARD NOTE: Subsection (c) of this Section is derived from 40 CFR 270.305,
as added at 70 Fed. Reg. 53420 (Sep. 8, 2005) (2007).
d)
Equipment information to be maintained at the facility. If the facility has
equipment to which Subpart BB of 35 Ill. Adm. Code 724 applies, the facility
owner or operator must keep the following information at its facility:
1)
For each piece of equipment to which Subpart BB of 35 Ill. Adm. Code
724 applies, the following:
A)
The equipment identification number and hazardous waste
management unit identification;
B)
The approximate locations within the facility (e.g., identify the
hazardous waste management unit on a facility plot plan);
C)
The type of equipment (e.g., a pump or a pipeline valve);
D)
The percent by weight of total organics in the hazardous waste
stream at the equipment;
25
E)
The phase of the hazardous waste at the equipment (e.g., gas or
vapor or liquid); and
F)
The method of compliance with the standard (e.g., monthly leak
detection and repair, or equipped with dual mechanical seals);
2)
For a facility that cannot install a closed-vent system and control device to
comply with Subpart BB of 35 Ill. Adm. Code 724 on the effective date
that the facility becomes subject to the Subpart BB provisions, an
implementation schedule as specified in 35 Ill. Adm. Code 724.933(a)(2);
3)
Documentation that demonstrates compliance with the equipment
standards in 35 Ill. Adm. Code 724.952 and 724.959. This documentation
must contain the records required pursuant to 35 Ill. Adm. Code 724.964;
and
4)
Documentation to demonstrate compliance with 35 Ill. Adm. Code
724.960, which must include the following information:
A)
A list of all information references and sources used in preparing
the documentation;
B)
Records, including the dates, of each compliance test required by
35 Ill. Adm. Code 724.933(j);
C)
A design analysis, specifications, drawings, schematics, and piping
and instrumentation diagrams based on the appropriate sections of
“APTI Course 415: Control of Gaseous Emissions,” USEPA
publication number EPA-450/2-81-005, incorporated by reference
in 35 Ill. Adm. Code 720.111(a) or other engineering texts
acceptable to the Agency that present basic control device design
information. The design analysis must address the vent stream
characteristics and control device operation parameters, as
specified in 35 Ill. Adm. Code 724.935(b)(4)(iii);
D)
A statement signed and dated by the facility owner or operator that
certifies that the operating parameters used in the design analysis
reasonably represent the conditions that exist when the hazardous
waste management unit is operating at the highest load or capacity
level reasonable expected to occur; and
E)
A statement signed and dated by the facility owner or operator that
certifies that the control device is designed to operate at an
efficiency of 95 weight percent or greater.
BOARD NOTE: Subsection (d) of this Section is derived from 40 CFR 270.310,
26
as added at 70 Fed. Reg. 53420 (Sep. 8, 2005) (2007).
e)
Air emissions control information to be maintained at the facility. If the facility
owner or operator has air emission control equipment subject to Subpart CC of 35
Ill. Adm. Code 724, it must keep the following information at its facility:
1)
Documentation for each floating roof cover installed on a tank subject to
35 Ill. Adm. Code 724.984(d)(1) or (d)(2) that includes information that
the owner or operator prepared or the cover manufacturer or vendor
provided describing the cover design, and the owner’s or operator’s
certification that the cover meets applicable design specifications listed in
35 Ill. Adm. Code 724.984(e)(1) or (f)(1);
2)
Identification of each container area subject to Subpart CC of 35 Ill. Adm.
Code 724 and the owner’s or operator’s certification that the requirements
of this Subpart J are met;
3)
Documentation for each enclosure used to control air pollutant emissions
from tanks or containers pursuant to requirements of 35 Ill. Adm. Code
724.984(d)(5) or 724.986(e)(1)(B). The owner or operator must include
records for the most recent set of calculations and measurements that it
performed to verify that the enclosure meets the criteria of a permanent
total enclosure as specified in appendix B to 40 CFR 52.741 (Procedure
T—Criteria for and Verification of a Permanent or Temporary Total
Enclosure), incorporated by reference in 35 Ill. Adm. Code 720.111(b);
4)
This subsection (e)(4) corresponds with 40 CFR 270.315(d), which
USEPA has marked “Reserved.” This statement maintains structural
consistency with the corresponding federal rules;
5)
Documentation for each closed-vent system and control device installed
pursuant to 35 Ill. Adm. Code 724.987 that includes design and
performance information, as specified in Section 703.210(c) and (d); and
6)
An emission monitoring plan for both Method 21 in appendix A to 40
CFR 60 (Determination of Volatile Organic Compound Leaks),
incorporated by reference in 35 Ill. Adm. Code 720.111(b), and control
device monitoring methods. This plan must include the following
information: monitoring points, monitoring methods for control devices,
monitoring frequency, procedures for documenting exceedences
exceedances
, and procedures for mitigating noncompliances.
BOARD NOTE: Subsection (e) of this Section is derived from 40 CFR 270.315,
as added at 70 Fed. Reg. 53420 (Sep. 8, 2005) (2007).
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
27
Section 703.Appendix A
Classification of Permit Modifications
Class Modifications
A.
General Permit Provisions
1
1.
Administrative and informational changes.
1
2.
Correction of typographical errors.
1
3.
Equipment replacement or upgrading with functionally equivalent
components (e.g., pipes, valves, pumps, conveyors, controls).
4.
Changes in the frequency of or procedures for monitoring, reporting,
sampling, or maintenance activities by the permittee:
1
a.
To provide for more frequent monitoring, reporting, or
maintenance.
2
b.
Other changes.
5.
Schedule of compliance:
1*
a.
Changes in interim compliance dates, with prior approval of the
Agency.
3
b.
Extension of final compliance date.
1*
6.
Changes in expiration date of permit to allow earlier permit termination,
with prior approval of the Agency.
1*
7.
Changes in ownership or operational control of a facility, provided the
procedures of Section 703.260(b) are followed.
1*
8.
Changes to remove permit conditions that are no longer applicable (i.e.,
because the standards upon which they are based are no longer
applicable to the facility).
B.
General Facility Standards
1.
Changes to waste sampling or analysis methods:
1
a.
To conform with Agency guidance or Board regulations.
28
1*
b.
To incorporate changes associated with F039 (multi-source
leachate) sampling or analysis methods.
1*
c.
To incorporate changes associated with underlying hazardous
constituents in ignitable or corrosive wastes.
2
d.
Other changes.
2.
Changes to analytical quality assurance or quality control plan:
1
a.
To conform with agency guidance or regulations.
2
b.
Other changes.
1
3.
Changes in procedures for maintaining the operating record.
2
4.
Changes in frequency or content of inspection schedules.
5.
Changes in the training plan:
2
a.
That affect the type or decrease the amount of training given to
employees.
1
b.
Other changes.
6.
Contingency plan:
2
a.
Changes in emergency procedures (i.e., spill or release response
procedures).
1
b.
Replacement with functionally equivalent equipment, upgrade,
or relocate emergency equipment listed.
2
c.
Removal of equipment from emergency equipment list.
1
d.
Changes in name, address, or phone number of coordinators or
other persons or agencies identified in the plan.
Note: When a permit modification (such as introduction of a new unit)
requires a change in facility plans or other general facility standards,
that change must be reviewed under the same procedures as the permit
modification.
7.
CQA plan:
29
1
a.
Changes that the CQA officer certifies in the operating record
will provide equivalent or better certainty that the unit
components meet the design specifications.
2
b.
Other changes.
Note: When a permit modification (such as introduction of a new unit)
requires a change in facility plans or other general facility standards,
that change must be reviewed under the same procedures as a permit
modification.
C.
Groundwater Protection
1.
Changes to wells:
2
a.
Changes in the number, location, depth, or design of upgradient
or downgradient wells of permitted groundwater monitoring
system.
1
b.
Replacement of an existing well that has been damaged or
rendered inoperable, without change to location, design, or
depth of the well.
1*
2.
Changes in groundwater sampling or analysis procedures or monitoring
schedule, with prior approval of the Agency.
1*
3.
Changes in statistical procedure for determining whether a statistically
significant change in groundwater quality between upgradient and
downgradient wells has occurred, with prior approval of the Agency.
2*
2
4.
Changes in point of compliance.
5.
Changes in indicator parameters, hazardous constituents, or
concentration limits (including ACLs (Alternate Concentration
Limits)):
3
a.
As specified in the groundwater protection standard.
2
b.
As specified in the detection monitoring program.
2
6.
Changes to a detection monitoring program as required by 35 Ill. Adm.
Code 724.198(j) 724.198(h), unless otherwise specified in this
Appendix.
7.
Compliance monitoring program:
30
3
a.
Addition of compliance monitoring program as required by 35
Ill. Adm. Code 724.198(h)(4) 724.198(g)(4) and 724.199.
2
b.
Changes to a compliance monitoring program as required by 35
Ill. Adm. Code 724.199(k) 724.199(j), unless otherwise
specified in this Appendix.
8.
Corrective action program:
3
a.
Addition of a corrective action program as required by 35 Ill.
Adm. Code 724.199(i)(2) and 724.200.
2
b.
Changes to a corrective action program as required by 35 Ill.
Adm. Code 724.200(h), unless otherwise specified in this
Appendix.
D.
Closure
1.
Changes to the closure plan:
1*
a.
Changes in estimate of maximum extent of operations or
maximum inventory of waste on-site at any time during the
active life of the facility, with prior approval of the Agency.
1*
b.
Changes in the closure schedule for any unit, changes in the
final closure schedule for the facility or extension of the closure
period, with prior approval of the Agency.
1*
c.
Changes in the expected year of final closure, where other
permit conditions are not changed, with prior approval of the
Agency.
1*
d.
Changes in procedures for decontamination of facility
equipment or structures, with prior approval of the Agency.
2
e.
Changes in approved closure plan resulting from unexpected
events occurring during partial or final closure, unless otherwise
specified in this Appendix.
2
f.
Extension of the closure period to allow a landfill, surface
impoundment, or land treatment unit to receive non-hazardous
wastes after final receipt of hazardous wastes under 35 Ill. Adm.
Code 724.213(d) or (e).
3
2.
Creation of a new landfill unit as part of closure.
31
3.
Addition of the following new units to be used temporarily for closure
activities:
3
a.
Surface impoundments.
3
b.
Incinerators.
3
c.
Waste piles that do not comply with 35 Ill. Adm. Code
724.350(c).
2
d.
Waste piles that comply with 35 Ill. Adm. Code 724.350(c).
2
e.
Tanks or containers (other than specified in paragraph D(3)(f)
below).
1*
f.
Tanks used for neutralization, dewatering, phase separation, or
component separation, with prior approval of the Agency.
2
g.
Staging piles.
E.
Post-Closure
1
1.
Changes in name, address, or phone number of contact in post-closure
plan.
2
2.
Extension of post-closure care period.
3
3.
Reduction in the post-closure care period.
1
4.
Changes to the expected year of final closure, where other permit
conditions are not changed.
2
5.
Changes in post-closure plan necessitated by events occurring during
the active life of the facility, including partial and final closure.
F.
Containers
1.
Modification or addition of container units:
3
a.
Resulting in greater than 25 percent increase in the facility’s
container storage capacity, except as provided in F(1)(c) and
F(4)(a).
2
b.
Resulting in up to 25 percent increase in the facility’s container
storage capacity, except as provided in F(1)(c) and F(4)(a).
32
1
c.
Modification or addition of container units or treatment
processes necessary to treat wastes that are restricted from land
disposal to meet some or all of the applicable treatment
standards, with prior approval of the Agency. This modification
may also involve the addition of new waste codes or narrative
description of wastes. It is not applicable to dioxin-containing
wastes (F020, F021, F022, F023, F026, F027, and F028).
2.
Modification of container units without an increased capacity or
alteration of the system:
2
a.
Modification of a container unit without increasing the capacity
of the unit.
1
b.
Addition of a roof to a container unit without alteration of the
containment system.
3.
Storage of different wastes in containers, except as provided in F(4):
3
a.
That require additional or different management practices from
those authorized in the permit.
2
b.
That do not require additional or different management practices
from those authorized in the permit.
Note: See Section 703.280(g) for modification procedures to be
used for the management of newly listed or identified wastes.
4.
Storage or treatment of different wastes in containers:
2
2*
a.
That require addition of units or change in treatment process or
management standards, provided that the wastes are restricted
from land disposal and are to be treated to meet some or all of
the applicable treatment standards. It is not applicable to
dioxin-containing wastes (F020, F021, F022, F023, F026, F027,
and F028).
1*
b.
That do not require the addition of units or a change in the
treatment process or management standards, and provided that
the units have previously received wastes of the same type (e.g.,
incinerator scrubber water). This modification is not applicable
to dioxin-containing wastes (F020, F021, F022, F023, F026,
F027, and F028).
G.
Tanks
33
1.
Modification of a tank unit, secondary containment system, or treatment
process that increases tank capacity, adds a new tank, or alters
treatment, specified as follows:
3
a.
Modification or addition of tank units resulting in greater than
25 percent increase in the facility’s tank capacity, except as
provided in paragraphs G(1)(c), G(1)(d), and G(1)(e).
2
b.
Modification or addition of tank units resulting in up to 25
percent increase in the facility’s tank capacity, except as
provided in paragraphs G(1)(d) and G(1)(e).
2
c.
Addition of a new tank that will operate for more than 90 days
using any of the following physical or chemical treatment
technologies: neutralization, dewatering, phase separation, or
component separation.
1*
d.
After prior approval of the Agency, addition of a new tank that
will operate for up to 90 days using any of the following
physical or chemical treatment technologies: neutralization,
dewatering, phase separation, or component separation.
1*
e.
Modification or addition of tank units or treatment processes
that are necessary to treat wastes that are restricted from land
disposal to meet some or all of the applicable treatment
standards, with prior approval of the Agency. This modification
may also involve the addition of new waste codes. It is not
applicable to dioxin-containing wastes (F020, F021, F022,
F023, F026, F027, and F028).
2
2.
Modification of a tank unit or secondary containment system without
increasing the capacity of the unit.
1
3.
Replacement of a tank with a tank that meets the same design standards
and has a capacity within
±
10 percent of the replaced tank provided:
a.
The capacity difference is no more than 1500 gallons,
b.
The facility’s permitted tank capacity is not increased, and
c.
The replacement tank meets the same conditions in the permit.
2
4.
Modification of a tank management practice.
5.
Management of different wastes in tanks:
34
3
a.
That require additional or different management practices, tank
design, different fire protection specifications or significantly
different tank treatment process from that authorized in the
permit, except as provided in paragraph G(5)(c).
2
b.
That do not require additional or different management practices
or tank design, different fire protection specification, or
significantly different tank treatment process than authorized in
the permit, except as provided in paragraph G(5)(d).
Note: See Section 703.280(g) for modification procedures to be
used for the management of newly listed or identified wastes.
1*
c.
That require addition of units or change in treatment processes
or management standards, provided that the wastes are restricted
from land disposal and are to be treated to meet some or all of
the applicable treatment standards. The modification is not
applicable to dioxin-containing wastes (F020, F021, F022,
F023, F026, F027, and F028).
1
d.
That do not require the addition of units or a change in the
treatment process or management standards, and provided that
the units have previously received wastes of the same type (e.g.,
incinerator scrubber water). This modification is not applicable
to dioxin-containing wastes (F020, F021, F022, F023, F026,
F027, and F028).
Note: See Section 703.280(g) for modification procedures to be
used for the management of newly listed or identified wastes.
H.
Surface Impoundments
3
1.
Modification or addition of surface impoundment units that result in
increasing the facility’s surface impoundment storage or treatment
capacity.
3
2.
Replacement of a surface impoundment unit.
2
3.
Modification of a surface impoundment unit without increasing the
facility’s surface impoundment storage or treatment capacity and
without modifying the unit’s liner, leak detection system, or leachate
collection system.
2
4.
Modification of a surface impoundment management practice.
35
5.
Treatment, storage, or disposal of different wastes in surface
impoundments:
3
a.
That require additional or different management practices or
different design of the liner or leak detection system than
authorized in the permit.
2
b.
That do not require additional or different management practices
or different design of the liner or leak detection system than
authorized in the permit.
Note: See Section 703.280(g) for modification procedures to be
used for the management of newly listed or identified wastes.
1
c.
That are wastes restricted from land disposal that meet the
applicable treatment standards. This modification is not
applicable to dioxin-containing wastes (F020, F021, F022,
F023, F026, F027, and F028).
1
d.
That are residues from wastewater treatment or incineration,
provided the disposal occurs in a unit that meets the minimum
technological requirements stated in 40 CFR 268.5(h)(2)
(Procedures for Case-by-Case Extensions to an Effective Date),
incorporated by reference in 35 Ill. Adm. Code 720.111(b), and
provided further that the surface impoundment has previously
received wastes of the same type (for example, incinerator
scrubber water). This modification is not applicable to dioxin-
containing wastes (F020, F021, F022, F023, F026, F027, and
F028).
1*
6.
Modifications of unconstructed units to comply with 35 Ill. Adm. Code
724.321(c), 724.322, 724.323, and 724.326(d).
7.
Changes in response action plan:
3
a.
Increase in action leakage rate.
3
b.
Change in a specific response reducing its frequency or
effectiveness.
2
c.
Other changes.
Note: See Section 703.280(g) for modification procedures to be
used for the management of newly listed or identified wastes.
36
I.
Enclosed Waste Piles. For all waste piles, except those complying with 35 Ill.
Adm. Code 724.350(c), modifications are treated the same as for a landfill.
The following modifications are applicable only to waste piles complying with
35 Ill. Adm. Code 724.350(c).
1.
Modification or addition of waste pile units:
3
a.
Resulting in greater than 25 percent increase in the facility’s
waste pile storage or treatment capacity.
2
b.
Resulting in up to 25 percent increase in the facility’s waste pile
storage or treatment capacity.
2
2.
Modification of waste pile unit without increasing the capacity of the
unit.
1
3.
Replacement of a waste pile unit with another waste pile unit of the
same design and capacity and meeting all waste pile conditions in the
permit.
2
4.
Modification of a waste pile management practice.
5.
Storage or treatment of different wastes in waste piles:
3
a.
That require additional or different management practices or
different design of the unit.
2
b.
That do not require additional or different management practices
or different design of the unit.
Note: See Section 703.280(g) for modification procedures to be
used for the management of newly listed or identified wastes.
2
6.
Conversion of an enclosed waste pile to a containment building unit.
Note: See Section 703.280(g) for modification procedures to be used
for the management of newly listed or identified wastes.
J.
Landfills and Unenclosed Waste Piles
3
1.
Modification or addition of landfill units that result in increasing the
facility’s disposal capacity.
3
2.
Replacement of a landfill.
37
3
3.
Addition or modification of a liner, leachate collection system, leachate
detection system, runoff control, or final cover system.
2
4.
Modification of a landfill unit without changing a liner, leachate
collection system, leachate detection system, runoff control, or final
cover system.
2
5.
Modification of a landfill management practice.
6.
Landfill different wastes:
3
a.
That require additional or different management practices,
different design of the liner, leachate collection system, or
leachate detection system.
2
b.
That do not require additional or different management
practices, different design of the liner, leachate collection
system, or leachate detection system.
Note: See Section 703.280(g) for modification procedures to be
used for the management of newly listed or identified wastes.
1
c.
That are wastes restricted from land disposal that meet the
applicable treatment standards. This modification is not
applicable to dioxin-containing wastes (F020, F021, F022,
F023, F026, F027, and F028).
1
d.
That are residues from wastewater treatment or incineration,
provided the disposal occurs in a landfill unit that meets the
minimum technological requirements stated in 40 CFR
268.5(h)(2) (Procedures for Case-by-Case Extensions to an
Effective Date), incorporated by reference in 35 Ill. Adm. Code
720.111(b), and provided further that the landfill has previously
received wastes of the same type (for example, incinerator ash).
This modification is not applicable to dioxin-containing wastes
(F020, F021, F022, F023, F026, F027, and F028).
1*
7.
Modification of unconstructed units to comply with 35 Ill. Adm. Code
724.351(c), 724.352, 724.353, 724.354(c), 724.401(c), 724.402,
724.403(c), and 724.404.
8.
Changes in response action plan:
3
a.
Increase in action leakage rate.
38
3
b.
Change in a specific response reducing its frequency or
effectiveness.
2
c.
Other changes.
Note: See Section 703.280(g) for modification procedures to be
used for the management of newly listed or identified wastes.
K.
Land Treatment
3
1.
Lateral expansion of or other modification of a land treatment unit to
increase area extent.
2
2.
Modification of runon control system.
3
3.
Modify runoff control system.
2
4.
Other modification of land treatment unit component specifications or
standards required in permit.
5.
Management of different wastes in land treatment units:
3
a.
That require a change in permit operating conditions or unit
design specifications.
2
b.
That do not require a change in permit operating conditions or
unit design specifications.
Note: See Section 703.280(g) for modification procedures to be
used for the management of newly listed or identified wastes.
6.
Modification of a land treatment unit management practice to:
3
a.
Increase rate or change method of waste application.
1
b.
Decrease rate of waste application.
2
7.
Modification of a land treatment unit management practice to change
measures of pH or moisture content or to enhance microbial or
chemical reactions.
3
8.
Modification of a land treatment unit management practice to grow
food chain crops, to add to or replace existing permitted crops with
different food chain crops or to modify operating plans for distribution
of animal feeds resulting from such crops.
39
3
9.
Modification of operating practice due to detection of releases from the
land treatment unit pursuant to 35 Ill. Adm. Code 724.378(g)(2).
3
10.
Changes in the unsaturated zone monitoring system that result in a
change to the location, depth, or number of sampling points or which
replace unsaturated zone monitoring devices or components of devices
with devices or components that have specifications different from
permit requirements.
2
11.
Changes in the unsaturated zone monitoring system that do not result in
a change to the location, depth, or number of sampling points or which
replace unsaturated zone monitoring devices or components of devices
with devices or components having specifications different from permit
requirements.
2
12.
Changes in background values for hazardous constituents in soil and
soil-pore liquid.
2
13.
Changes in sampling, analysis, or statistical procedure.
2
14.
Changes in land treatment demonstration program prior to or during the
demonstration.
1*
15.
Changes in any condition specified in the permit for a land treatment
unit to reflect results of the land treatment demonstration, provided
performance standards are met, and the Agency’s prior approval has
been received.
1*
16.
Changes to allow a second land treatment demonstration to be
conducted when the results of the first demonstration have not shown
the conditions under which the wastes can be treated completely,
provided the conditions for the second demonstration are substantially
the same as the conditions for the first demonstration and have received
the prior approval of the Agency.
3
17.
Changes to allow a second land treatment demonstration to be
conducted when the results of the first demonstration have not shown
the conditions under which the wastes can be treated completely, where
the conditions for the second demonstration are not substantially the
same as the conditions for the first demonstration.
2
18.
Changes in vegetative cover requirements for closure.
L.
Incinerators, Boilers and Industrial Furnaces
40
3
1.
Changes to increase by more than 25 percent any of the following limits
authorized in the permit: A thermal feed rate limit, a feedstream feed
rate limit, a chlorine/chloride feed rate limit, a metal feed rate limit, or
an ash feed rate limit. The Agency must require a new trial burn to
substantiate compliance with the regulatory performance standards
unless this demonstration can be made through other means.
2
2.
Changes to increase by up to 25 percent any of the following limits
authorized in the permit: A thermal feed rate limit, a feedstream feed
rate limit, a chlorine/chloride feed rate limit, a metal feed rate limit, or
an ash feed rate limit. The Agency must require a new trial burn to
substantiate compliance with the regulatory performance standards
unless this demonstration can be made through other means.
3
3.
Modification of an incinerator, boiler, or industrial furnace unit by
changing the internal size or geometry of the primary or secondary
combustion units; by adding a primary or secondary combustion unit;
by substantially changing the design of any component used to remove
HCl/Cl
2
, metals, or particulate from the combustion gases; or by
changing other features of the incinerator, boiler, or industrial furnace
that could affect its capability to meet the regulatory performance
standards. The Agency must require a new trial burn to substantiate
compliance with the regulatory performance standards, unless this
demonstration can be made through other means.
2
4.
Modification of an incinerator, boiler, or industrial furnace unit in a
manner that will not likely affect the capability of the unit to meet the
regulatory performance standards but which will change the operating
conditions or monitoring requirements specified in the permit. The
Agency may require a new trial burn to demonstrate compliance with
the regulatory performance standards.
5.
Operating requirements:
3
a.
Modification of the limits specified in the permit for minimum
or maximum combustion gas temperature, minimum combustion
gas residence time, oxygen concentration in the secondary
combustion chamber, flue gas carbon monoxide or hydrocarbon
concentration, maximum temperature at the inlet to the PM
emission control system, or operating parameters for the air
pollution control system. The Agency must require a new trial
burn to substantiate compliance with the regulatory performance
standards unless this demonstration can be made through other
means.
41
3
b.
Modification of any stack gas emission limits specified in the
permit, or modification of any conditions in the permit
concerning emergency shutdown or automatic waste feed cutoff
procedures or controls.
2
c.
Modification of any other operating condition or any inspection
or recordkeeping requirement specified in the permit.
6.
Burning different wastes:
3
a.
If the waste contains a POHC that is more difficult to burn than
authorized by the permit or if burning of the waste requires
compliance with different regulatory performance standards
than specified in the permit, the Agency must require a new trial
burn to substantiate compliance with the regulatory performance
standards, unless this demonstration can be made through other
means.
2
b.
If the waste does not contain a POHC that is more difficult to
burn than authorized by the permit and if burning of the waste
does not require compliance with different regulatory
performance standards than specified in the permit.
Note: See Section 703.280(g) for modification procedures to be
used for the management of newly listed or identified wastes.
7.
Shakedown and trial burn:
2
a.
Modification of the trial burn plan or any of the permit
conditions applicable during the shakedown period for
determining operational readiness after construction, the trial
burn period or the period immediately following the trial burn.
1*
b.
Authorization of up to an additional 720 hours of waste burning
during the shakedown period for determining operational
readiness after construction, with the prior approval of the
Agency.
1*
c.
Changes in the operating requirements set in the permit for
conducting a trial burn, provided the change is minor and has
received the prior approval of the Agency.
1*
d.
Changes in the ranges of the operating requirements set in the
permit to reflect the results of the trial burn, provided the change
is minor and has received the prior approval of the Agency.
42
1
8.
Substitution of an alternative type of non-hazardous waste fuel that is
not specified in the permit.
1*
9.
Technology changes needed to meet standards under federal subpart
EEE of 40 CFR 63 (National Emission Standards for Hazardous Air
Pollutants from Hazardous Waste Combustors), incorporated by
reference in 35 Ill. Adm. Code 720.111(b), provided the procedures of
Section 703.280(j) are followed.
1*
10.
Changes to RCRA Permit provisions needed to support transition to
federal subpart EEE of 40 CFR 63 (National Emission Standards for
Hazardous Air Pollutants from Hazardous Waste Combustors),
incorporated by reference in 35 Ill. Adm. Code 720.111(b), provided
the procedures of Section 703.280(k) are followed.
M.
Containment Buildings
1.
Modification or addition of containment building units:
3
a.
Resulting in greater than 25 percent increase in the facility’s
containment building storage or treatment capacity.
2
b.
Resulting in up to 25 percent increase in the facility’s
containment building storage or treatment capacity.
2
2.
Modification of a containment building unit or secondary containment
system without increasing the capacity of the unit.
3.
Replacement of a containment building with a containment building
that meets the same design standards provided:
1
a.
The unit capacity is not increased.
1
b.
The replacement containment building meets the same
conditions in the permit.
2
4.
Modification of a containment building management practice.
5.
Storage or treatment of different wastes in containment buildings:
3
a.
That require additional or different management practices.
2
b.
That do not require additional or different management
practices.
N.
Corrective Action
43
3
1.
Approval of a corrective action management unit pursuant to 35 Ill.
Adm. Code 724.652.
2
2.
Approval of a temporary unit or time extension pursuant to 35 Ill. Adm.
Code 724.653.
2
3.
Approval of a staging pile or staging pile operating term extension
pursuant to 35 Ill. Adm. Code 724.654.
O.
Burden Reduction
1.
Approval of reduced inspection frequency for a Performance Track
member facility for one of the following:
1
a.
A tank system pursuant to 35 Ill. Adm. Code 724.295.
1
b.
A container pursuant to 35 Ill. Adm. Code 724.274.
1
c.
A containment building pursuant to 35 Ill. Adm. Code
724.1101(c)(4).
1
d.
An area subject to spills pursuant to 35 Ill. Adm. Code
724.115(b)(4).
1
2.
Development of one contingency plan based on Integrated Contingency
Plan Guidance pursuant to 35 Ill. Adm. Code 724.152(b).
1
3.
A change to recordkeeping and reporting requirements pursuant to any
of the following: 35 Ill. Adm. Code 724.156(i), 724.443(a)(2),
724.961(b)(1),(d), 724.962(a)(2), 724.296(f), 724.200(g), or
724.213(e)(5).
1
4.
A change to inspection frequency for a tank system pursuant to 35 Ill.
Adm. Code 724.295(b).
1
5.
A change to detection and compliance monitoring program pursuant to
35 Ill. Adm. Code 724.198(d), (g)(2), or (g)(3) or 724.199(f) or (g).
Note: * indicates modifications requiring prior Agency approval.
BOARD NOTE: Derived from appendix I to 40 CFR 270.42 (2005)
(2007).
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
44
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
720.104
Electronic Reporting
SUBPART B: DEFINITIONS AND REFERENCES
Section
720.110
Definitions
720.111
References
SUBPART C: RULEMAKING PETITIONS AND OTHER PROCEDURES
Section
720.120
Rulemaking
720.121
Alternative Equivalent Testing Methods
720.122
Waste Delisting
720.123
Petitions for Regulation as Universal Waste
720.130
Procedures for Solid Waste Determinations
720.131
Solid Waste Determinations
720.132
Boiler Determinations
720.133
Procedures for Determinations
720.140
Additional Regulation of Certain Hazardous Waste Recycling Activities on a
Case-by-Case Basis
720.141
Procedures for Case-by-Case Regulation of Hazardous Waste Recycling
Activities
720.Appendix A
Overview of Federal RCRA Subtitle C (Hazardous Waste) Regulations
AUTHORITY: Implementing Sections 7.2, 13, and 22.4 and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 13, 22.4, and 27].
SOURCE: Adopted in R81-22 at 5 Ill. Reg. 9781, effective May 17, 1982; amended and
codified in R81-22 at 6 Ill. Reg. 4828, effective May 17, 1982; amended in R82-19 at 7 Ill. Reg.
14015, effective October 12, 1983; amended in R84-9 at 9 Ill. Reg. 11819, effective July 24,
1985; amended in R85-22 at 10 Ill. Reg. 968, effective January 2, 1986; amended in R86-1 at 10
Ill. Reg. 13998, effective August 12, 1986; amended in R86-19 at 10 Ill. Reg. 20630, effective
December 2, 1986; amended in R86-28 at 11 Ill. Reg. 6017, effective March 24, 1987; amended
45
in R86-46 at 11 Ill. Reg. 13435, effective August 4, 1987; amended in R87-5 at 11 Ill. Reg.
19280, effective Nov. 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
Nov. 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 Sept. 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 Sept. 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 Nov. 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 Nov.
22, 1993; amended in R93-16 at 18 Ill. Reg. 6720, effective April 26, 1994; amended in R94-7 at
18 Ill. Reg. 12160, effective July 29, 1994; amended in R94-17 at 18 Ill. Reg. 17480, effective
Nov. 23, 1994; amended in R95-6 at 19 Ill. Reg. 9508, effective June 27, 1995; amended in R95-
20 at 20 Ill. Reg. 10929, effective August 1, 1996; amended in R96-10/R97-3/R97-5 at 22 Ill.
Reg. 256, effective December 16, 1997; amended in R98-12 at 22 Ill. Reg. 7590, effective April
15, 1998; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17496, effective Sept. 28, 1998;
amended in R98-21/R99-2/R99-7 at 23 Ill. Reg. 1704, effective January 19, 1999; amended in
R99-15 at 23 Ill. Reg. 9094, effective July 26, 1999; amended in R00-5 at 24 Ill. Reg. 1063,
effective January 6, 2000; amended in R00-13 at 24 Ill. Reg. 9443, effective June 20, 2000;
amended in R01-3 at 25 Ill. Reg. 1266, effective January 11, 2001; amended in R01-21/R01-23
at 25 Ill. Reg. 9168, effective July 9, 2001; amended in R02-1/R02-12/R02-17 at 26 Ill. Reg.
6550, effective April 22, 2002; amended in R03-7 at 27 Ill. Reg. 3712, effective February 14,
2003; amended in R03-18 at 27 Ill. Reg. 12713, effective July 17, 2003; amended in R05-8 at 29
Ill. Reg. 5974, effective April 13, 2005; amended in R05-2 at 29 Ill. Reg. 6290, effective April
22, 2005; amended in R06-5/R06-6/R06-7 at 30 Ill. Reg. 2930, effective February 23, 2006;
amended in R06-16/R06-17/R06-18 at 31 Ill. Reg. 730, effective December 20, 2006; amended
in R07-5/R07-14 at 32 Ill. Reg. ________, effective ______________________.
SUBPART B: DEFINITIONS AND REFERENCES
Section 720.110
Definitions
When used in 35 Ill. Adm. Code 720 through 728, 733, 738, and 739 only, the following terms have
the meanings given below:
“Aboveground tank” means a device meeting the definition of tank that is situated in
such a way that the entire surface area of the tank is completely above the plane of
the adjacent surrounding surface and the entire surface area of the tank (including the
tank bottom) is able to be visually inspected.
“Active life” of a facility means the period from the initial receipt of hazardous waste
at the facility until the Agency receives certification of final closure.
“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
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closed portion. (See also “closed portion” and “inactive portion.”)
“Administrator” means the Administrator of the United States Environmental
Protection Agency or the Administrator’s designee.
“Agency” means the Illinois Environmental Protection Agency.
“Ancillary equipment” means any device, including, but not limited to, such devices
as piping, fittings, flanges, valves, and pumps, that is used to distribute, meter, or
control the flow of hazardous waste from its point of generation to storage or
treatment tanks, between hazardous waste storage and treatment tanks to a point of
disposal onsite, or to a point of shipment for disposal off-site.
“Aquifer” means a geologic formation, group of formations, or part of a formation
capable of yielding a significant amount of groundwater to wells or springs.
“Authorized representative” means the person responsible for the overall operation
of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager,
superintendent, or person of equivalent responsibility.
“Battery” means a device that consists of one or more electrically connected
electrochemical cells that is designed to receive, store, and deliver electric energy.
An electrochemical cell is a system consisting of an anode, cathode, and an
electrolyte, plus such connections (electrical and mechanical) as may be needed to
allow the cell to deliver or receive electrical energy. The term battery also includes
an intact, unbroken battery from which the electrolyte has been removed.
“Board” means the Illinois Pollution Control Board.
“Boiler” means an enclosed device using controlled flame combustion and having
the following characteristics:
Boiler physical characteristics.
The unit must have physical provisions for recovering and exporting
thermal energy in the form of steam, heated fluids, or heated gases;
and the unit’s combustion chamber and primary energy recovery
sections must be of integral design. To be of integral design, the
combustion chamber and the primary energy recovery sections (such
as waterwalls and superheaters) must be physically formed into one
manufactured or assembled unit. A unit in which the combustion
chamber and the primary energy recovery sections are joined only by
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
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recovery section. The following units are not precluded from being
boilers solely because they are not of integral design: process heaters
(units that transfer energy directly to a process stream) and fluidized
bed combustion units; and
While in operation, the unit must maintain a thermal energy recovery
efficiency of at least 60 percent, calculated in terms of the recovered
energy compared with the thermal value of the fuel; and
The unit must export and utilize at least 75 percent of the recovered
energy, calculated on an annual basis. In this calculation, no credit
may be given for recovered heat used internally in the same unit.
(Examples of internal use are the preheating of fuel or combustion
air, and the driving of induced or forced draft fans or feedwater
pumps.); or
Boiler by designation. The unit is one that the Board has determined, on a
case-by-case basis, to be a boiler, after considering the standards in Section
720.132.
“Carbon regeneration unit” means any enclosed thermal treatment device used to
regenerate spent activated carbon.
“Cathode ray tube” or “CRT” means a vacuum tube, composed primarily of glass,
which is the visual or video display component of an electronic device. A “used,
intact CRT” means a CRT whose vacuum has not been released. A “used, broken
CRT” means glass removed from its housing or casing whose vacuum has been
released.
“Certification” means a statement of professional opinion based upon knowledge and
belief.
“Closed portion” means that portion of a facility that an owner or operator has closed
in accordance with the approved facility closure plan and all applicable closure
requirements. (See also “active portion” and “inactive portion.”)
“Component” means either the tank or ancillary equipment of a tank system.
“Confined aquifer” means an aquifer bounded above and below by impermeable
beds or by beds of distinctly lower permeability than that of the aquifer itself; an
aquifer containing confined groundwater.
“Container” means any portable device in which a material is stored, transported,
treated, disposed of, or otherwise handled.
“Containment building” means a hazardous waste management unit that is used to
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store or treat hazardous waste pursuant to the provisions of Subpart DD of 35 Ill.
Adm. Code 724 and Subpart DD of 35 Ill. Adm. Code 725.
“Contingency plan” means a document setting out an organized, planned and
coordinated course of action to be followed in case of a fire, explosion, or release
of hazardous waste or hazardous waste constituents that could threaten human
health or the environment.
“Corrosion expert” means a person who, by reason of knowledge of the physical
sciences and the principles of engineering and mathematics, acquired by a
professional education and related practical experience, is qualified to engage in the
practice of corrosion control on buried or submerged metal piping systems and metal
tanks. Such a person must be certified as being qualified by the National Association
of Corrosion Engineers (NACE) or be a registered professional engineer who has
certification or licensing that includes education and experience in corrosion control
on buried or submerged metal piping systems and metal tanks.
“CRT collector” means a person who receives used, intact CRTs for recycling,
repair, resale, or donation.
“CRT glass manufacturer” means an operation or part of an operation that uses a
furnace to manufacture CRT glass.
“CRT processing” means conducting all of the following activities:
Receiving broken or intact CRTs;
Intentionally breaking intact CRTs or further breaking or separating
broken CRTs; and
Sorting or otherwise managing glass removed from CRT monitors.
“Designated facility” means either of the following entities:
A hazardous waste treatment, storage, or disposal facility that has been
designated on the manifest by the generator, pursuant to 35 Ill. Adm. Code
722.120, of which any of the following is true:
The facility has received a RCRA permit (or interim status)
pursuant to 35 Ill. Adm. Code 702, 703, and 705;
The facility has received a RCRA permit from USEPA pursuant to
40 CFR 124 and 270 (2005);
The facility has received a RCRA permit from a state authorized
by USEPA pursuant to 40 CFR 271 (2005); or
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The facility is regulated pursuant to 35 Ill. Adm. Code
721.106(c)(2) or Subpart F of 35 Ill. Adm. Code 266; or
Effective Sept. 5, 2006, a A generator site designated by the hazardous
waste generator on the manifest to receive back its own waste as a return
shipment from a designated hazardous waste treatment, storage, or
disposal facility that has rejected the waste in accordance with 35 Ill.
Adm. Code 724.172(f) or 725.172(f).
If a waste is destined to a facility in a state other than Illinois that has been authorized
by USEPA pursuant to 40 CFR 271, but which has not yet obtained authorization to
regulate that waste as hazardous, then the designated facility must be a facility
allowed by the receiving state to accept such waste.
“Destination facility” means a facility that treats, disposes of, or recycles a particular
category of universal waste, except those management activities described in 35 Ill.
Adm. Code 733.113(a) and (c) and 733.133(a) and (c). A facility at which a
particular category of universal waste is only accumulated is not a destination facility
for the purposes of managing that category of universal waste.
“Dike” means an embankment or ridge of either natural or manmade materials used
to prevent the movement of liquids, sludges, solids, or other materials.
“Dioxins and furans” or “D/F” means tetra, penta-, hexa-, hepta-, and octa-
chlorinated dibenzo dioxins and furans.
“Director” means the Director of the Illinois Environmental Protection Agency.
“Discharge” or “hazardous waste discharge” means the accidental or intentional
spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous
waste into or on any land or water.
“Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or
placing of any solid waste or hazardous waste into or on any land or water so that
such solid waste or hazardous waste or any constituent thereof may enter the
environment or be emitted into the air or discharged into any waters, including
groundwaters.
“Disposal facility” means a facility or part of a facility at which hazardous waste is
intentionally placed into or on any land or water and at which waste will remain after
closure. The term disposal facility does not include a corrective action management
unit (CAMU) into which remediation wastes are placed.
“Drip pad” means an engineered structure consisting of a curbed, free-draining base,
constructed of non-earthen materials and designed to convey preservative kick-back
50
or drippage from treated wood, precipitation and surface water runon to an
associated collection system at wood preserving plants.
“Elementary neutralization unit” means a device of which the following is true:
It is used for neutralizing wastes that are hazardous only because they exhibit
the corrosivity characteristic defined in 35 Ill. Adm. Code 721.122 or which
are listed in Subpart D of 35 Ill. Adm. Code 721 only for this reason; and
It meets the definition of tank, tank system, container, transport vehicle, or
vessel in this Section.
“EPA hazardous waste number” or “USEPA hazardous waste number” means the
number assigned by USEPA to each hazardous waste listed in Subpart D of 35 Ill.
Adm. Code 721 and to each characteristic identified in Subpart C of 35 Ill. Adm.
Code 721.
“EPA identification number” or “USEPA identification number” means the number
assigned by USEPA pursuant to 35 Ill. Adm. Code 722 through 725 to each
generator; transporter; and treatment, storage, or disposal facility.
“EPA region” or “USEPA region” means the states and territories found in any
one of the following ten regions:
Region I: Maine, Vermont, New Hampshire, Massachusetts, Connecticut,
and Rhode Island.
Region II: New York, New Jersey, Commonwealth of Puerto Rico, and
the U.S. Virgin Islands.
Region III: Pennsylvania, Delaware, Maryland, West Virginia, Virginia,
and the District of Columbia.
Region IV: Kentucky, Tennessee, North Carolina, Mississippi, Alabama,
Georgia, South Carolina, and Florida.
Region V: Minnesota, Wisconsin, Illinois, Michigan, Indiana, and Ohio.
Region VI: New Mexico, Oklahoma, Arkansas, Louisiana, and Texas.
Region VII: Nebraska, Kansas, Missouri, and Iowa.
Region VIII: Montana, Wyoming, North Dakota, South Dakota, Utah,
and Colorado.
Region IX: California, Nevada, Arizona, Hawaii, Guam, American
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Samoa, and Commonwealth of the Northern Mariana Islands.
Region X: Washington, Oregon, Idaho, and Alaska.
“Equivalent method” means any testing or analytical method approved by the Board
pursuant to Section 720.120.
“Existing hazardous waste management (HWM) facility” or “existing facility”
means a facility that was in operation or for which construction commenced on or
before Nov. 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 of the following had occurred:
A continuous on-site, physical construction program had begun; or
The owner or operator had entered into contractual obligations that could not
be canceled or modified without substantial loss for physical construction of
the facility to be completed within a reasonable time.
“Existing portion” means that land surface area of an existing waste management
unit, included in the original Part A permit application, on which wastes have been
placed prior to the issuance of a permit.
“Existing tank system” or “existing component” means a tank system or component
that is used for the storage or treatment of hazardous waste and which was in
operation, or for which installation was commenced, on or prior to July 14, 1986.
Installation will be considered to have commenced if the owner or operator has
obtained all federal, State, and local approvals or permits necessary to begin physical
construction of the site or installation of the tank system and if either of the following
is true:
A continuous on-site physical construction or installation program has begun;
or
The owner or operator has entered into contractual obligations that cannot be
canceled or modified without substantial loss for physical construction of the
site or installation of the tank system to be completed within a reasonable
time.
“Explosives or munitions emergency” means a situation involving the suspected
or detected presence of unexploded ordnance (UXO), damaged or deteriorated
explosives or munitions, an improvised explosive device (IED), other potentially
explosive material or device, or other potentially harmful military chemical
munitions or device, that creates an actual or potential imminent threat to human
health, including safety, or the environment, including property, as determined by
an explosives or munitions emergency response specialist. Such situations may
52
require immediate and expeditious action by an explosives or munitions
emergency response specialist to control, mitigate, or eliminate the threat.
“Explosives or munitions emergency response” means all immediate response
activities by an explosives and munitions emergency response specialist to
control, mitigate, or eliminate the actual or potential threat encountered during an
explosives or munitions emergency. An explosives or munitions emergency
response may include in-place render-safe procedures, treatment, or destruction of
the explosives or munitions or transporting those items to another location to be
rendered safe, treated, or destroyed. Any reasonable delay in the completion of
an explosives or munitions emergency response caused by a necessary,
unforeseen, or uncontrollable circumstance will not terminate the explosives or
munitions emergency. Explosives and munitions emergency responses can occur
on either public or private lands and are not limited to responses at RCRA
facilities.
“Explosives or munitions emergency response specialist” means an individual
trained in chemical or conventional munitions or explosives handling,
transportation, render-safe procedures, or destruction techniques. Explosives or
munitions emergency response specialists include United States Department of
Defense (USDOD) emergency explosive ordnance disposal (EOD), technical
escort unit (TEU), and USDOD-certified civilian or contractor personnel and
other federal, State, or local government or civilian personnel who are similarly
trained in explosives or munitions emergency responses.
“Facility” means the following:
All contiguous land and structures, other appurtenances, and improvements
on the land used for treating, storing, or disposing of hazardous waste. A
facility may consist of several treatment, storage, or disposal operational
units (e.g., one or more landfills, surface impoundments, or combinations of
them).
For the purpose of implementing corrective action pursuant to 35 Ill. Adm.
Code 724.201 or 35 Ill. Adm. Code 727.201, 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 pursuant to RCRA section 3008(h).
Notwithstanding the immediately-preceding paragraph of this definition, a
remediation waste management site is not a facility that is subject to 35 Ill.
Adm. Code 724.201, but a facility that is subject to corrective action
requirements if the site is located within such a facility.
“Federal agency” means any department, agency, or other instrumentality of the
federal government, any independent agency or establishment of the federal
53
government, including any government corporation and the Government Printing
Office.
“Federal, State, and local approvals or permits necessary to begin physical
construction” means permits and approvals required under federal, State, or local
hazardous waste control statutes, regulations, or ordinances.
“Final closure” means the closure of all hazardous waste management units at the
facility in accordance with all applicable closure requirements so that hazardous
waste management activities pursuant to 35 Ill. Adm. Code 724 and 725 are no
longer conducted at the facility unless subject to the provisions of 35 Ill. Adm. Code
722.134.
“Food-chain crops” means tobacco, crops grown for human consumption, and crops
grown for feed for animals whose products are consumed by humans.
“Freeboard” means the vertical distance between the top of a tank or surface
impoundment dike and the surface of the waste contained therein.
“Free liquids” means liquids that readily separate from the solid portion of a waste
under ambient temperature and pressure.
“Generator” means any person, by site, whose act or process produces hazardous
waste identified or listed in 35 Ill. Adm. Code 721 or whose act first causes a
hazardous waste to become subject to regulation.
“Groundwater” means water below the land surface in a zone of saturation.
“Hazardous waste” means a hazardous waste as defined in 35 Ill. Adm. Code
721.103.
“Hazardous waste constituent” means a constituent that caused the hazardous waste
to be listed in Subpart D of 35 Ill. Adm. Code 721, or a constituent listed in 35 Ill.
Adm. Code 721.124.
“Hazardous waste management unit” is a contiguous area of land on or in which
hazardous waste is placed, or the largest area in which there is significant likelihood
of mixing hazardous waste constituents in the same area. Examples of hazardous
waste management units include a surface impoundment, a waste pile, a land
treatment area, a landfill cell, an incinerator, a tank and its associated piping and
underlying containment system, and a container storage area. A container alone does
not constitute a unit; the unit includes containers, and the land or pad upon which
they are placed.
“Inactive portion” means that portion of a facility that is not operated after Nov. 19,
1980. (See also “active portion” and “closed portion.”)
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“Incinerator” means any enclosed device of which the following is true:
The facility uses controlled flame combustion, and both of the following are
true of the facility:
The facility does not meet the criteria for classification as a boiler,
sludge dryer, or carbon regeneration unit, nor
The facility is not listed as an industrial furnace; or
The facility meets the definition of infrared incinerator or plasma arc
incinerator.
“Incompatible waste” means a hazardous waste that is unsuitable for the following:
Placement in a particular device or facility because it may cause corrosion or
decay of containment materials (e.g., container inner liners or tank walls); or
Commingling with another waste or material under uncontrolled conditions
because the commingling might produce heat or pressure, fire, or explosion,
violent reaction, toxic dusts, mists, fumes or gases, or flammable fumes or
gases.
(See Appendix E to 35 Ill. Adm. Code 724 and Appendix E to 35 Ill. Adm.
Code 725 for references that list 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);
55
Titanium dioxide chloride process oxidation reactors;
Methane reforming furnaces;
Pulping liquor recovery furnaces;
Combustion devices used in the recovery of sulfur values from spent sulfuric
acid;
Halogen acid furnaces (HAFs) for the production of acid from halogenated
hazardous waste generated by chemical production facilities where the
furnace is located on the site of a chemical production facility, the acid
product has a halogen acid content of at least three percent, the acid product
is used in a manufacturing process, and, except for hazardous waste burned
as fuel, hazardous waste fed to the furnace has a minimum halogen content of
20 percent, as generated; and
Any other such device as the Agency determines to be an industrial furnace
on the basis of one or more of the following factors:
The design and use of the device primarily to accomplish recovery of
material products;
The use of the device to burn or reduce raw materials to make a
material product;
The use of the device to burn or reduce secondary materials as
effective substitutes for raw materials, in processes using raw
materials as principal feedstocks;
The use of the device to burn or reduce secondary materials as
ingredients in an industrial process to make a material product;
The use of the device in common industrial practice to produce a
material product; and
Other relevant factors.
“Individual generation site” means the contiguous site at or on which one or more
hazardous wastes are generated. An individual generation site, such as a large
manufacturing plant, may have one or more sources of hazardous waste but is
considered a single or individual generation site if the site or property is contiguous.
“Infrared incinerator” means any enclosed device that uses electric powered
resistance heaters as a source of radiant heat followed by an afterburner using
56
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 that is treating, storing, or disposing of hazardous
waste.
“Injection well” means a well into which fluids are being injected. (See also
“underground injection.”)
“Inner liner” means a continuous layer of material placed inside a tank or container
that protects the construction materials of the tank or container from the contained
waste or reagents used to treat the waste.
“Installation inspector” means a person who, by reason of knowledge of the physical
sciences and the principles of engineering, acquired by a professional education and
related practical experience, is qualified to supervise the installation of tank systems.
“International shipment” means the transportation of hazardous waste into or out of
the jurisdiction of the United States.
“Lamp” or “universal waste lamp” means the bulb or tube portion of an electric
lighting device. A lamp is specifically designed to produce radiant energy, most
often in the ultraviolet, visible, or infrared regions of the electromagnetic spectrum.
Examples of common universal waste lamps include, but are not limited to,
fluorescent, high intensity discharge, neon, mercury vapor, high-pressure sodium,
and metal halide lamps.
“Land treatment facility” means a facility or part of a facility at which hazardous
waste is applied onto or incorporated into the soil surface; such facilities are disposal
facilities if the waste will remain after closure.
“Landfill” means a disposal facility or part of a facility where hazardous waste is
placed in or on land and which is not a pile, a land treatment facility, a surface
impoundment, an underground injection well, a salt dome formation, a salt bed
formation, an underground mine, a cave, or a corrective action management unit
(CAMU).
“Landfill cell” means a discrete volume of a hazardous waste landfill that uses a liner
to provide isolation of wastes from adjacent cells or wastes. Examples of landfill
cells are trenches and pits.
“LDS” means leak detection system.
57
“Leachate” means any liquid, including any suspended components in the liquid, that
has percolated through or drained from hazardous waste.
“Liner” means a continuous layer of natural or manmade materials beneath or on the
sides of a surface impoundment, landfill, or landfill cell that restricts the downward
or lateral escape of hazardous waste, hazardous waste constituents, or leachate.
“Leak-detection system” means a system capable of detecting the failure of either the
primary or secondary containment structure or the presence of a release of hazardous
waste or accumulated liquid in the secondary containment structure. Such a system
must employ operational controls (e.g., daily visual inspections for releases into the
secondary containment system of aboveground tanks) or consist of an interstitial
monitoring device designed to detect continuously and automatically the failure of
the primary or secondary containment structure or the presence of a release of
hazardous waste into the secondary containment structure.
“Management” or “hazardous waste management” means the systematic control of
the collection, source separation, storage, transportation, processing, treatment,
recovery, and disposal of hazardous waste.
“Manifest” means the shipping document USEPA Form 8700-22 (including, if
necessary, USEPA Form 8700-22A) originated and signed by the generator or
offeror that contains the information required by Subpart B of 35 Ill. Adm. Code
722 and the applicable requirements of 35 Ill. Adm. Code 722 through 727.
“Manifest document number” means, until Sept. 5, 2006, the USEPA twelve digit
identification number assigned to the generator plus a unique five-digit document
number assigned to the manifest by the generator for recording and reporting
purposes.
“Manifest tracking number” means, effective Sept. 5, 2006,
the alphanumeric
identification number (i.e., a unique three letter suffix preceded by nine numerical
digits) that is pre-printed in Item 4 of the manifest by a registered source.
“Mercury-containing equipment” means a device or part of a device (including
thermostats, but excluding batteries and lamps) that contains elemental mercury
integral to its function.
“Military munitions” means all ammunition products and components produced
or used by or for the United States Department of Defense or the United States
Armed Services for national defense and security, including military munitions
under the control of the United States Department of Defense (USDOD), the
United States Coast Guard, the United States Department of Energy (USDOE),
and National Guard personnel. The term military munitions includes: confined
gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot
control agents, smokes, and incendiaries used by USDOD components, including
58
bulk explosives and chemical warfare agents, chemical munitions, rockets, guided
and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition,
small arms ammunition, grenades, mines, torpedoes, depth charges, cluster
munitions and dispensers, demolition charges, and devices and components of
these items and devices. Military munitions do not include wholly inert items,
improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear
components of these items and devices. However, the term does include non-
nuclear components of nuclear devices, managed under USDOE’s nuclear
weapons program after all sanitization operations required under the Atomic
Energy Act of 1954 (42 USC 2014 et seq.), as amended, have been completed.
“Mining overburden returned to the mine site” means any material overlying an
economic mineral deposit that is removed to gain access to that deposit and is then
used for reclamation of a surface mine.
“Miscellaneous unit” means a hazardous waste management unit where hazardous
waste is treated, stored, or disposed of and that is not a container; tank; surface
impoundment; pile; land treatment unit; landfill; incinerator; boiler; industrial
furnace; underground injection well with appropriate technical standards pursuant to
35 Ill. Adm. Code 730; containment building; corrective action management unit
(CAMU); unit eligible for a research, development, and demonstration permit
pursuant to 35 Ill. Adm. Code 703.231; or staging pile.
“Movement” means hazardous waste that is transported to a facility in an individual
vehicle.
“New hazardous waste management facility” or “new facility” means a facility that
began operation, or for which construction commenced after Nov. 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 commenced after July 14, 1986. (See also “existing tank system.”)
“Onground tank” means a device meeting the definition of tank that is situated in
such a way that the bottom of the tank is on the same level as the adjacent
surrounding surfaces so that the external tank bottom cannot be visually inspected.
“On-site” means the same or geographically contiguous property that may be divided
by public or private right-of-way, provided the entrance and exit between the
properties is at a crossroads intersection and access is by crossing as opposed to
going along the right-of-way. Noncontiguous properties owned by the same person
but connected by a right-of-way that the owner controls and to which the public does
not have access is also considered on-site property.
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“Open burning” means the combustion of any material without the following
characteristics:
Control of combustion air to maintain adequate temperature for efficient
combustion;
Containment of the combustion reaction in an enclosed device to provide
sufficient residence time and mixing for complete combustion; and
Control of emission of the gaseous combustion products.
(See also “incineration” and “thermal treatment.”)
“Operator” means the person responsible for the overall operation of a facility.
“Owner” means the person that owns a facility or part of a facility.
“Partial closure” means the closure of a hazardous waste management unit in
accordance with the applicable closure requirements of 35 Ill. Adm. Code 724 or 725
at a facility that contains other active hazardous waste management units. For
example, partial closure may include the closure of a tank (including its associated
piping and underlying containment systems), landfill cell, surface impoundment,
waste pile, or other hazardous waste management unit, while other units of the same
facility continue to operate.
“Performance Track member facility” means a facility that has been accepted by
USEPA for membership in the National Environmental Performance Track
Program (Program) and which is still a member of that Program. The National
Environmental Performance Track Program is a voluntary, facility-based,
program for top environmental performers. Program members must demonstrate
a good record of compliance, past success in achieving environmental goals, and
commit to future specific quantified environmental goals, environmental
management systems, local community outreach, and annual reporting of
measurable results.
BOARD NOTE: The National Environmental Performance Track program is
operated exclusively by USEPA. USEPA established the program in 2000 (see
65 Fed. Reg. 41655 (July 6, 2000)) and amended it in 2004 (see 69 Fed. Reg.
27922 (May 17, 2004)). USEPA confers membership in the program on
application of interested and eligible entities. Information about the program is
available from a website maintained by USEPA:
www.epa.gov/performancetrack.
“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.
60
“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 35 Ill. Adm. Code 724 or 725.
“Pesticide” means any substance or mixture of substances intended for preventing,
destroying, repelling, or mitigating any pest or intended for use as a plant regulator,
defoliant, or desiccant, other than any article that fulfills one of the following
descriptions:
It is a new animal drug under section 201(v) of the Federal Food, Drug
and Cosmetic Act (FFDCA; 21 USC 321(v)), incorporated by reference in
Section 720.111(c);
It is an animal drug that has been determined by regulation of the federal
Secretary of Health and Human Services pursuant to FFDCA section 512
(21 USC 360b), incorporated by reference in Section 720.111(c), to be an
exempted new animal drug; or
It is an animal feed under FFDCA section 201(w) (21 USC 321(w)),
incorporated by reference in Section 720.111(c), that bears or contains any
substances described in either of the two preceding paragraphs of this
definition.
BOARD NOTE: The second exception of corresponding 40 CFR 260.10
reads as follows: “Is an animal drug that has been determined by regulation
of the Secretary of Health and Human Services not to be a new animal drug.”
This is very similar to the language of section 2(u) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA; 7 USC 136(u)). The three
exceptions, taken together, appear intended not to include as pesticide any
material within the scope of federal Food and Drug Administration
regulation. The Board codified this provision with the intent of retaining the
same meaning as its federal counterpart while adding the definiteness
required under Illinois law.
“Pile” means any noncontainerized accumulation of solid, non-flowing hazardous
waste that is used for treatment or storage, and that is not a containment building.
“Plasma arc incinerator” means any enclosed device that uses a high intensity
electrical discharge or arc as a source of heat followed by an afterburner using
controlled flame combustion and which is not listed as an industrial furnace.
“Point source” means any discernible, confined, and discrete conveyance, including,
but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure,
container, rolling stock, concentrated animal feeding operation, or vessel or other
floating craft from which pollutants are or may be discharged. This term does not
include return flows from irrigated agriculture.
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“Publicly owned treatment works” or “POTW” is as defined in 35 Ill. Adm. Code
310.110.
“Qualified groundwater scientist” means a scientist or engineer who has received a
baccalaureate or postgraduate degree in the natural sciences or engineering, and has
sufficient training and experience in groundwater hydrology and related fields, as
demonstrated by state registration, professional certifications, or completion of
accredited university courses that enable the individual to make sound professional
judgments regarding groundwater monitoring and contaminant rate and transport.
BOARD NOTE: State registration includes, but is not limited to, registration as a
professional engineer with the Department of Professional Regulation, pursuant to
225 ILCS 325 and 68 Ill. Adm. Code 1380. Professional certification includes, but is
not limited to, certification under the certified groundwater professional program of
the National Ground Water Association.
“RCRA” means the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act of 1976, as amended (42 USC 6901 et seq.).
“RCRA standardized permit” means a RCRA permit issued pursuant to Subpart J
of 35 Ill. Adm. Code 703 and Subpart G of 35 Ill. Adm. Code 702 that authorizes
management of hazardous waste. The RCRA standardized permit may have two
parts: a uniform portion issued in all cases and a supplemental portion issued at
the discretion of the Agency.
“Regional Administrator” means the Regional Administrator for the USEPA region
in which the facility is located or the Regional Administrator’s designee.
“Remediation waste” means all solid and hazardous wastes, and all media (including
groundwater, surface water, soils, and sediments) and debris that are managed for
implementing cleanup.
“Remediation waste management site” means a facility where an owner or operator
is or will be treating, storing, or disposing of hazardous remediation wastes. A
remediation waste management site is not a facility that is subject to corrective
action pursuant to 35 Ill. Adm. Code 724.201, but a remediation waste management
site is subject to corrective action requirements if the site is located in such a
facility.
“Replacement unit” means a landfill, surface impoundment, or waste pile unit from
which all or substantially all of the waste is removed, and which is subsequently
reused to treat, store, or dispose of hazardous waste. Replacement unit does not
include a unit from which waste is removed during closure, if the subsequent reuse
solely involves the disposal of waste from that unit and other closing units or
corrective action areas at the facility, in accordance with a closure or corrective
action plan approved by USEPA or the Agency.
62
“Representative sample” means a sample of a universe or whole (e.g., waste pile,
lagoon, groundwater) that can be expected to exhibit the average properties of the
universe or whole.
“Runoff” means any rainwater, leachate, or other liquid that drains over land from
any part of a facility.
“Runon” means any rainwater, leachate, or other liquid that drains over land onto
any part of a facility.
“Saturated zone” or “zone of saturation” means that part of the earth’s crust in which
all voids are filled with water.
“SIC code” means “Standard Industrial Classification code,” as assigned to a site
by the United States Department of Transportation, Federal Highway
Administration, based on the particular activities that occur on the site, as set
forth in its publication “Standard Industrial Classification Manual,” incorporated
by reference in Section 720.111(a).
“Sludge” means any solid, semi-solid, or liquid waste generated from a
municipal, commercial, or industrial wastewater treatment plant, water supply
treatment plant, or air pollution control facility, exclusive of the treated effluent
from a wastewater treatment plant.
“Sludge dryer” means any enclosed thermal treatment device that is used to
dehydrate sludge and which has a total thermal input, excluding the heating value
of the sludge itself, of 2,500 Btu/lb or less of sludge treated on a wet-weight basis.
“Small quantity generator” means a generator that generates less than 1,000 kg of
hazardous waste in a calendar month.
“Solid waste” means a solid waste as defined in 35 Ill. Adm. Code 721.102.
“Sorbent” means a material that is used to soak up free liquids by either adsorption or
absorption, or both. “Sorb” means to either adsorb or absorb, or both.
“Staging pile” means an accumulation of solid, non-flowing “remediation waste”
(as defined in this Section) that is not a containment building and that is used only
during remedial operations for temporary storage at a facility. Staging piles must be
designated by the Agency according to 35 Ill. Adm. Code 724.654.
“State” means any of the several states, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth
of the Northern Mariana Islands.
63
“Storage” means the holding of hazardous waste for a temporary period, at the end of
which the hazardous waste is treated, disposed of, or stored elsewhere.
“Sump” means any pit or reservoir that meets the definition of tank and those troughs
or trenches connected to it that serve to collect hazardous waste for transport to
hazardous waste storage, treatment, or disposal facilities; except that, as used in the
landfill, surface impoundment, and waste pile rules, sump means any lined pit or
reservoir that serves to collect liquids drained from a leachate collection and removal
system or leak detection system for subsequent removal from the system.
“Surface impoundment” or “impoundment” means a facility or part of a facility that
is a natural topographic depression, manmade excavation, or diked area formed
primarily of earthen materials (although it may be lined with manmade materials)
that is designed to hold an accumulation of liquid wastes or wastes containing free
liquids and which is not an injection well. Examples of surface impoundments are
holding, storage, settling and aeration pits, ponds, and lagoons.
“Tank” means a stationary device, designed to contain an accumulation of hazardous
waste that is constructed primarily of nonearthen materials (e.g., wood, concrete,
steel, plastic) that provide structural support.
“Tank system” means a hazardous waste storage or treatment tank and its associated
ancillary equipment and containment system.
“TEQ” means toxicity equivalence, the international method of relating the
toxicity of various dioxin and furan congeners to the toxicity of 2,3,7,8-tetra-
chlorodibenzo-p-dioxin.
“Thermal treatment” means the treatment of hazardous waste in a device that uses
elevated temperatures as the primary means to change the chemical, physical, or
biological character or composition of the hazardous waste. Examples of thermal
treatment processes are incineration, molten salt, pyrolysis, calcination, wet air
oxidation, and microwave discharge. (See also “incinerator” and “open burning.”)
“Thermostat” means a temperature control device that contains metallic mercury in
an ampule attached to a bimetal sensing element and mercury-containing ampules
that have been removed from such a temperature control device in compliance with
35 Ill. Adm. Code 733.113(c)(2) or 733.133(c)(2).
“Totally enclosed treatment facility” means a facility for the treatment of hazardous
waste that is directly connected to an industrial production process and which is
constructed and operated in a manner that prevents the release of any hazardous
waste or any constituent thereof into the environment during treatment. An example
is a pipe in which waste acid is neutralized.
“Transfer facility” means any transportation related facility, including loading docks,
64
parking areas, storage areas, and other similar areas where shipments of hazardous
waste are held during the normal course of transportation.
“Transport vehicle” means a motor vehicle or rail car used for the transportation of
cargo by any mode. Each cargo-carrying body (trailer, railroad freight car, etc.) is a
separate transport vehicle.
“Transportation” means the movement of hazardous waste by air, rail, highway, or
water.
“Transporter” means a person engaged in the off-site transportation of hazardous
waste by air, rail, highway, or water.
“Treatability study” means the following:
A study in which a hazardous waste is subjected to a treatment process to
determine the following:
Whether the waste is amenable to the treatment process;
What pretreatment (if any) is required;
The optimal process conditions needed to achieve the desired
treatment;
The efficiency of a treatment process for a specific waste or wastes;
and
The characteristics and volumes of residuals from a particular
treatment process;
Also included in this definition for the purpose of 35 Ill. Adm. Code
721.104(e) and (f) exemptions are liner compatibility, corrosion and other
material compatibility studies, and toxicological and health effects studies. A
treatability study is not a means to commercially treat or dispose of
hazardous waste.
“Treatment” means any method, technique, or process, including neutralization,
designed to change the physical, chemical, or biological character or composition of
any hazardous waste so as to neutralize the waste, recover energy or material
resources from the waste, or render the waste non-hazardous or less hazardous; safer
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.
65
“Underground injection” means the subsurface emplacement of fluids through a
bored, drilled, or driven well or through a dug well, where the depth of the dug well
is greater than the largest surface dimension. (See also “injection well.”)
“Underground tank” means a device meeting the definition of tank whose entire
surface area is totally below the surface of and covered by the ground.
“Unfit-for-use tank system” means a tank system that has been determined, through
an integrity assessment or other inspection, to be no longer capable of storing or
treating hazardous waste without posing a threat of release of hazardous waste to the
environment.
“United States” means the 50 states, the District of Columbia, the Commonwealth of
Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
“Universal waste” means any of the following hazardous wastes that are managed
pursuant to the universal waste requirements of 35 Ill. Adm. Code 733:
Batteries, as described in 35 Ill. Adm. Code 733.102;
Pesticides, as described in 35 Ill. Adm. Code 733.103;
Mercury-containing equipment, as described in 35 Ill. Adm. Code 733.104;
and
Lamps, as described in 35 Ill. Adm. Code 733.105.
“Universal waste handler” means either of the following:
A generator (as defined in this Section) of universal waste; or
The owner or operator of a facility, including all contiguous property, that
receives universal waste from other universal waste handlers, accumulates
the universal waste, and sends that universal waste to another universal waste
handler, to a destination facility, or to a foreign destination.
“Universal waste handler” does not mean either of the following:
A person that treats (except under the provisions of Section
733.113(a) or (c) or 733.133(a) or (c)), disposes of, or recycles
universal waste; or
A person engaged in the off-site transportation of universal waste by
air, rail, highway, or water, including a universal waste transfer
66
facility.
“Universal waste transporter” means a person engaged in the off-site transportation
of universal waste by air, rail, highway, or water.
“Unsaturated zone” or “zone of aeration” means the zone between the land surface
and the water table.
“Uppermost aquifer” means the geologic formation nearest the natural ground
surface that is an aquifer, as well as lower aquifers that are hydraulically
interconnected with this aquifer within the facility’s property boundary.
“USDOT” or “Department of Transportation” means the United States Department
of Transportation.
“Used oil” means any oil that has been refined from crude oil, or any synthetic oil,
that has been used and as a result of such use is contaminated by physical or
chemical impurities.
“USEPA” or “EPA” means the United States Environmental Protection Agency.
“Vessel” includes every description of watercraft used or capable of being used as a
means of transportation on the water.
“Wastewater treatment unit” means a device of which the following is true:
It is part of a wastewater treatment facility that has an NPDES permit
pursuant to 35 Ill. Adm. Code 309 or a pretreatment permit or authorization
to discharge pursuant to 35 Ill. Adm. Code 310;
It receives and treats or stores an influent wastewater that is a hazardous
waste as defined in 35 Ill. Adm. Code 721.103, or generates and accumulates
a wastewater treatment sludge that is a hazardous waste as defined in 35 Ill.
Adm. Code 721.103, or treats or stores a wastewater treatment sludge that is
a hazardous waste as defined in 35 Ill. Adm. Code 721.103; and
It meets the definition of tank or tank system in this Section.
“Water (bulk shipment)” means the bulk transportation of hazardous waste that is
loaded or carried on board a vessel without containers or labels.
“Well” means any shaft or pit dug or bored into the earth, generally of a cylindrical
form, and often walled with bricks or tubing to prevent the earth from caving in.
“Well injection” (See “underground injection.”)
67
“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 32 Ill. Reg. ________, effective ______________________)
Section 720.111
References
The following documents are incorporated by reference for the purposes of this Part and 35 Ill.
Adm. Code 702 through 705, 721 through 728, 730, 733, 738, and 739:
a)
Non-Regulatory Government Publications and Publications of Recognized
Organizations and Associations:
ACI. Available from the American Concrete Institute, Box 19150,
Redford Station, Detroit, Michigan 48219:
ACI 318-83: “Building Code Requirements for Reinforced
Concrete,” adopted Sept. 1983, referenced in 35 Ill. Adm. Code
724.673 and 725.543.
ANSI. Available from the American National Standards Institute, 1430
Broadway, New York, New York 10018, 212-354-3300:
See ASME/ANSI B31.3 and B31.4 and supplements below in this
subsection (a) under ASME.
API. Available from the American Petroleum Institute, 1220 L Street,
N.W., Washington, D.C. 20005, 202-682-8000:
“Cathodic Protection of Underground Petroleum Storage Tanks
and Piping Systems,” API Recommended Practice 1632, Second
Edition, December 1987, referenced in 35 Ill. Adm. Code 724.292,
724.295, 725.292, and 725.295.
“Evaporative Loss from External Floating-Roof Tanks,” API
publication 2517, Third Edition, February 1989, USEPA-approved
for 35 Ill. Adm. Code 725.984.
“Guide for Inspection of Refinery Equipment,” Chapter XIII,
“Atmospheric and Low Pressure Storage Tanks,” 4th Edition,
1981, reaffirmed December 1987, referenced in 35 Ill. Adm. Code
724.291, 724.293, 725.291, and 725.292.
“Installation of Underground Petroleum Storage Systems,” API
68
Recommended Practice 1615, Fourth Edition, Nov. 1987,
referenced in 35 Ill. Adm. Code 724.292.
ASME. Available from the American Society of Mechanical Engineers,
345 East 47th Street, New York, NY 10017, 212-705-7722:
“Chemical Plant and Petroleum Refinery Piping,” ASME/ANSI
B31.3-1987, as supplemented by B31.3a-1988 and B31.3b-1988,
referenced in 35 Ill. Adm. Code 724.292 and 725.292. Also
available from ANSI.
“Liquid Transportation Systems for Hydrocarbons, Liquid
Petroleum Gas, Anhydrous Ammonia, and Alcohols,”
ASME/ANSI B31.4-1986, as supplemented by B31.4a-1987,
referenced in 35 Ill. Adm. Code 724.292 and 725.292. Also
available from ANSI.
ASTM. Available from American Society for Testing and Materials, 100
Barr Harbor Drive, West Conshohocken, PA 19428-2959, 610-832-9585:
ASTM C 94-90, “Standard Specification for Ready-Mixed
Concrete,” approved March 30, 1990, referenced in 35 Ill. Adm.
Code 724.673 and 725.543.
ASTM D 88-87, “Standard Test Method for Saybolt Viscosity,”
approved April 24, 1981, reapproved January 1987, referenced in
35 Ill. Adm. Code 726.200.
ASTM D 93-85, “Standard Test Methods for Flash Point by
Pensky-Martens Closed Tester,” approved October 25, 1985,
USEPA-approved for 35 Ill. Adm. Code 721.121.
ASTM D 140-70, “Standard Practice for Sampling Bituminous
Materials,” approved 1970, referenced in Appendix A to 35 Ill.
Adm. Code 721.
ASTM D 346-75, “Standard Practice for Collection and
Preparation of Coke Samples for Laboratory Analysis,” approved
1975, referenced in Appendix A to 35 Ill. Adm. Code 721.
ASTM D 420–69, “Guide to Site Characterization for Engineering,
Design, and Construction Purposes,” approved 1969, referenced in
Appendix A to 35 Ill. Adm. Code 721.
ASTM D 1452–65, “Standard Practice for Soil Investigation and
Sampling by Auger Borings,” approved 1965, referenced in
69
Appendix A to 35 Ill. Adm. Code 721.
ASTM D 1946-90, “Standard Practice for Analysis of Reformed
Gas by Gas Chromatography,” approved March 30, 1990, USEPA-
approved for 35 Ill. Adm. Code 724.933 and 725.933.
ASTM D 2161-87, “Standard Practice for Conversion of
Kinematic Viscosity to Saybolt Universal or to Saybolt Furol
Viscosity,” March 27, 1987, referenced in 35 Ill. Adm. Code
726.200.
ASTM D 2234-76, “Standard Practice for Collection of a Gross
Sample of Coal,” approved 1976, referenced in Appendix A to 35
Ill. Adm. Code 721.
ASTM D 2267-88, “Standard Test Method for Aromatics in Light
Naphthas and Aviation Gasolines by Gas Chromatography,”
approved Nov. 17, 1988, USEPA-approved for 35 Ill. Adm. Code
724.963.
ASTM D 2382-88, “Standard Test Method for Heat of Combustion
of Hydrocarbon Fuels by Bomb Calorimeter (High Precision
Method),” approved October 31, 1988, USEPA-approved for 35
Ill. Adm. Code 724.933 and 725.933.
ASTM D 2879-92, “Standard Test Method for Vapor Pressure-
Temperature Relationship and Initial Decomposition Temperature
of Liquids by Isoteniscope,” approved 1992, USEPA-approved for
35 Ill. Adm. Code 725.984, referenced in 35 Ill. Adm. Code
724.963 and 725.963.
ASTM D 3828-87, “Standard Test Methods for Flash Point of
Liquids by Setaflash Closed Tester,” approved December 14,
1988, USEPA-approved for 35 Ill. Adm. Code 721.121(a).
ASTM E 168-88, “Standard Practices for General Techniques of
Infrared Quantitative Analysis,” approved May 27, 1988, USEPA-
approved for 35 Ill. Adm. Code 724.963.
ASTM E 169-87, “Standard Practices for General Techniques of
Ultraviolet-Visible Quantitative Analysis,” approved February 1,
1987, USEPA-approved for 35 Ill. Adm. Code 724.963.
ASTM E 260-85, “Standard Practice for Packed Column Gas
Chromatography,” approved June 28, 1985, USEPA-approved for
35 Ill. Adm. Code 724.963.
70
ASTM G 21-70 (1984a), “Standard Practice for Determining
Resistance of Synthetic Polymer Materials to Fungi.”, referenced
in 35 Ill. Adm. Code 724.414 and 725.414.
ASTM G 22-76 (1984b), “Standard Practice for Determining
Resistance of Plastics to Bacteria.”, referenced in 35 Ill. Adm.
Code 724.414 and 725.414.
GPO. Available from the Superintendent of Documents, U.S.
Government Printing Office, Washington, D.C. 20402, 202-512-1800:
Standard Industrial Classification Manual (1972), and 1977
Supplement, republished in 1983, referenced in 35 Ill. Adm. Code
702.110 and Section 720.110.
“Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods,” USEPA publication number EPA-530/SW-846 (Third
Edition, Nov. 1986), as amended by Updates I (July 1992), II
(Sept. 1994), IIA (August, 1993), IIB (January 1995), III
(December 1996), IIIA (April 1998), and IIIB (Nov. 2004)
(document number 955-001-00000-1). See below in this
subsection (a) under NTIS.
NACE. Available from the National Association of Corrosion Engineers,
1400 South Creek Dr., Houston, TX 77084, 713-492-0535:
“Control of External Corrosion on Metallic Buried, Partially
Buried, or Submerged Liquid Storage Systems,” NACE
Recommended Practice RP0285-85, approved March 1985,
referenced in 35 Ill. Adm. Code 724.292, 724.295, 725.292, and
725.295.
NFPA. Available from the National Fire Protection Association, 1
Batterymarch Park, Boston, MA 02269, 617-770-3000 or 800-344-3555:
“Flammable and Combustible Liquids Code,” NFPA 30, issued
July 18, 2003, as supplemented by TIA 03-1, issued July 15, 2004,
and corrected by Errata 30-03-01, issued August 13, 2004,
USEPA-approved for 35 Ill. Adm. Code 724.298, 725.298, and
727.290, referenced in 35 Ill. Adm. Code 725.301 and 726.211.
NTIS. Available from the U.S. Department of Commerce, National
Technical Information Service, 5285 Port Royal Road, Springfield, VA
22161, 703-605-6000 or 800-553-6847 (Internet address: www.ntis.gov):
71
“APTI Course 415: Control of Gaseous Emissions,” December
1981, USEPA publication number EPA-450/2-81-005, NTIS
document number PB80-208895, USEPA-approved for 35 Ill.
Adm. Code 703.210, 703.211, 703.352, 724.935, and 725.935.
BOARD NOTE: “APTI” denotes USEPA’s “Air Pollution
Training Institute” (Internet address:
www.epa.gov/air/oaqps/eog/).
“Generic Quality Assurance Project Plan for Land Disposal
Restrictions Program,” USEPA publication number EPA-530/SW-
87-011, March 15, 1987, NTIS document number PB88-170766,
referenced in 35 Ill. Adm. Code 728.106.
“Method 1664, Revision A, n-Hexane Extractable Material (HEM;
Oil and Grease) and Silica Gel Treated n-Hexane Extractable
Material (SGT-HEM; Non-polar Material) by Extraction and
Gravimetry,” USEPA publication number EPA-821/R-98-002,
NTIS document number PB99-121949, USEPA-approved for
Appendix I to 35 Ill. Adm. Code 721.
BOARD NOTE: EPA-821/R-98-002 is also available on the
Internet for free download as a PDF document from the USEPA
website at: www.epa.gov/waterscience/methods/16640514.pdf.
“Methods for Chemical Analysis of Water and Wastes,” Third
Edition, March 1983, USEPA document number EPA-600/4-79-
020, NTIS document number PB84-128677, referenced in 35 Ill.
Adm. Code 725.192.
BOARD NOTE: EPA-600/4-79-020 is also available on the
Internet as a viewable/printable HTML document from the USEPA
website at: www.epa.gov/clariton/clhtml/pubtitleORD.html as
document 600479002.
“Procedures Manual for Ground Water Monitoring at Solid Waste
Disposal Facilities,” August 1977, EPA-530/SW-611, NTIS
document number PB84-174820, referenced in 35 Ill. Adm. Code
725.192.
“Screening Procedures for Estimating the Air Quality Impact of
Stationary Sources,” October 1992, USEPA publication number
EPA-454/R-92-019, NTIS document number 93-219095,
referenced in 35 Ill. Adm. Code 726.204 and 726.206.
BOARD NOTE: EPA-454/R-92-019 is also available on the
Internet for free download as a WordPerfect document from the
USEPA website at the following Internet address:
www.epa.gov/scram001/guidance/guide/scrng.wpd.
72
“Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods,” USEPA publication number EPA-530/SW-846 (Third
Edition, Nov. 1986; Revision 6, January 2005), as amended by
Updates I (July 1992), II (Sept. 1994), IIA (August 1993), IIB
(January 1995), III (December 1996), IIIA (April 1998), and IIIB
(Nov. 2004) (document number 955-001-00000-1), generally
referenced in Appendices A and I to 35 Ill. Adm. Code 721 and 35
Ill. Adm. Code 726.200, 726.206, 726.212, and 728.106 (in
addition to the references cited below for specific methods):
Method 0010 (Sept. 1986) (Modified Method 5 Sampling
Train), USEPA-approved for Appendix I to 35 Ill. Adm.
Code 721.
Method 0011 (December 1996) (Sampling for Selected
Aldehyde and Ketone Emissions from Stationary Sources),
USEPA-approved for Appendix I to 35 Ill. Adm. Code 721
and for Appendix I to 35 Ill. Adm. Code 726.
Method 0020 (Sept. 1986) (Source Assessment Sampling
System), USEPA-approved for Appendix I to 35 Ill. Adm.
Code 721.
Method 0023A (December 1996) (Sampling Method for
Polychlorinated Dibenzo-p-Dioxins and Polychlorinated
Dibenzofuran Emissions from Stationary Sources),
USEPA-approved for Appendix I to 35 Ill. Adm. Code 721,
Appendix I to 35 Ill. Adm. Code 726, and 35 Ill. Adm.
Code 726.204.
Method 0030 (Sept. 1986) (Volatile Organic Sampling
Train), USEPA-approved for Appendix I to 35 Ill. Adm.
Code 721.
Method 0031 (December 1996) (Sampling Method for
Volatile Organic Compounds (SMVOC)), USEPA-
approved for Appendix I to 35 Ill. Adm. Code 721.
Method 0040 (December 1996) (Sampling of Principal
Organic Hazardous Constituents from Combustion Sources
Using Tedlar® Bags), USEPA-approved for Appendix I to
35 Ill. Adm. Code 721.
Method 0050 (December 1996) (Isokinetic HCl/Cl2
Emission Sampling Train), USEPA-approved for Appendix
I to 35 Ill. Adm. Code 721, Appendix I to 35 Ill. Adm.
73
Code 726, and 35 Ill. Adm. Code 726.207.
Method 0051 (December 1996) (Midget Impinger HCl/Cl2
Emission Sampling Train), USEPA-approved for Appendix
I to 35 Ill. Adm. Code 721, Appendix I to 35 Ill. Adm.
Code 726, and 35 Ill. Adm. Code 726.207.
Method 0060 (December 1996) (Determination of Metals
in Stack Emissions), USEPA-approved for Appendix I to
35 Ill. Adm. Code 721, Appendix I to 35 Ill. Adm. Code
726, and 35 Ill. Adm. Code 726.206.
Method 0061 (December 1996) (Determination of
Hexavalent Chromium Emissions from Stationary
Sources), USEPA-approved for Appendix I to 35 Ill. Adm.
Code 721, 35 Ill. Adm. Code 726.206, and Appendix I to
35 Ill. Adm. Code 726.
Method 1010A (Nov. 2004) (Test Methods for Flash Point
by Pensky-Martens Closed Cup Tester), USEPA-approved
for Appendix I to 35 Ill. Adm. Code 721.
Method 1020B (Nov. 2004) (Standard Test Methods for
Flash Point by Setaflash (Small Scale) Closed-cup
Apparatus), USEPA-approved for Appendix I to 35 Ill.
Adm. Code 721.
Method 1110A (Nov. 2004) (Corrosivity Toward Steel),
USEPA-approved for 35 Ill. Adm. Code 721.122 and
Appendix I to 35 Ill. Adm. Code 721.
Method 1310B (Nov. 2004) (Extraction Procedure (EP)
Toxicity Test Method and Structural Integrity Test),
USEPA-approved for Appendix I to 35 Ill. Adm. Code 721
and referenced in Appendix I to 35 Ill. Adm. Code 728.
Method 1311 (Sept. 1992) (Toxicity Characteristic
Leaching Procedure), USEPA-approved for Appendix I to
35 Ill. Adm. Code 721; for 35 Ill. Adm. Code 721.124,
728.107, and 728.140; and for Table T to 35 Ill. Adm. Code
728.
Method 1312 (Sept. 1994) (Synthetic Precipitation
Leaching Procedure), USEPA-approved for Appendix I to
35 Ill. Adm. Code 721.
74
Method 1320 (Sept. 1986) (Multiple Extraction Procedure),
USEPA-approved for Appendix I to 35 Ill. Adm. Code 721.
Method 1330A (Sept. 1992) (Extraction Procedure for Oily
Wastes), USEPA-approved for Appendix I to 35 Ill. Adm.
Code 721.
Method 9010C (Nov. 2004) (Total and Amenable Cyanide:
Distillation), USEPA-approved for Appendix I to 35 Ill.
Adm. Code 721 and 35 Ill. Adm. Code 728.140, 728.144,
and 728.148, referenced in Table H to 35 Ill. Adm. Code
728.
Method 9012B (Nov. 2004) (Total and Amenable Cyanide
(Automated Colorimetric, with Off-Line Distillation)),
USEPA-approved for Appendix I to 35 Ill. Adm. Code 721
and 35 Ill. Adm. Code 728.140, 728.144, and 728.148,
referenced in Table H to 35 Ill. Adm. Code 728.
Method 9040C (Nov. 2004) (pH Electrometric
Measurement), USEPA-approved for 35 Ill. Adm. Code
721.122 and Appendix I to 35 Ill. Adm. Code 721.
Method 9045D (Nov. 2004) (Soil and Waste pH), USEPA-
approved for Appendix I to 35 Ill. Adm. Code 721.
Method 9060A (Nov. 2004) (Total Organic Carbon),
USEPA-approved for Appendix I to 35 Ill. Adm. Code 721
and 35 Ill. Adm. Code 724.934, 724.963, 725.934, and
725.963.
Method 9070A (Nov. 2004) (n-Hexane Extractable
Material (HEM) for Aqueous Samples), USEPA-approved
for Appendix I to 35 Ill. Adm. Code 721.
Method 9071B (April 1998) (n-Hexane Extractable
Material (HEM) for Sludge, Sediment, and Solid Samples),
USEPA-approved for Appendix I to 35 Ill. Adm. Code 721.
Method 9095B (Nov. 2004) (Paint Filter Liquids Test),
USEPA-approved for Appendix I to 35 Ill. Adm. Code 721
and 35 Ill. Adm. Code 724.290, 724.414, 725.290, 725.414,
725.981, 727.290, and 728.132.
BOARD NOTE: EPA-530/SW-846 is also available on the
Internet for free download in segments in PDF format from the
75
USEPA website at: www.epa.gov/SW-846.
OECD. Organisation for Economic Co-operation and Development,
Environment Directorate, 2 rue Andre Pascal, 75775 Paris Cedex 16,
France (www.oecd.org), also OECD Washington Center, 2001 L Street,
NW, Suite 650, Washington, DC 20036-4922, 202-785-6323 or 800-456-
6323 (www.oecdwash.org):
OECD “Amber List of Wastes,” Appendix 4 to the OECD Council
Decision C(92)39/Final (March 30, 1992, revised May 1993)
(Concerning the Control of Transfrontier Movements of Wastes
Destined for Recovery Operations), USEPA-approved for 35 Ill.
Adm. Code 722.189, referenced in 35 Ill. Adm. Code 722.181.
OECD “Amber Tier,” Section IV of the annex to the OECD
Council Decision C(92)39/Final (Concerning the Control of
Transfrontier Movements of Wastes Destined for Recovery
Operations) (revised May 1993), referenced in 35 Ill. Adm. Code
722.181.
Annex to OECD Council Decision C(88)90/Final, as amended by
C(94)152/Final (revised July 1994), referenced in 35 Ill. Adm.
Code 722.187.
OECD “Green List of Wastes,” Appendix 3 to the OECD Council
Decision C(92)39/Final (March 30, 1992, revised May 1994)
(Concerning the Control of Transfrontier Movements of Wastes
Destined for Recovery Operations), USEPA-approved for 35 Ill.
Adm. Code 722.189, referenced in 35 Ill. Adm. Code 722.181.
OECD “Green Tier,” Section III of the annex to the OECD
Council Decision C(92)39/Final (Concerning the Control of
Transfrontier Movements of Wastes Destined for Recovery
Operations) (revised May 1993), referenced in 35 Ill. Adm. Code
722.181.
OECD Guideline for Testing of Chemicals, “Ready
Biodegradability,” Method 301B (July 17, 1992), “CO2 Evolution
(Modified Sturm Test),” referenced in 35 Ill. Adm. Code 724.414.
OECD “Red List of Wastes,” Appendix 5 to the OECD Council
Decision C(92)39/Final (March 30, 1992, revised May 1993),
USEPA-approved for 35 Ill. Adm. Code 722.189, referenced in 35
Ill. Adm. Code 722.181.
OECD “Red Tier,” Section V of the annex to the OECD Council
76
Decision C(92)39/Final (Concerning the Control of Transfrontier
Movements of Wastes Destined for Recovery Operations) (revised
May 1993), referenced in 35 Ill. Adm. Code 722.181.
Table 2.B of the Annex of OECD Council Decision
C(88)90(Final) (May 27, 1988), amended by C(94)152/Final (July
28, 1994), “Decision of the Council on Transfrontier Movements
of Hazardous Wastes,” referenced in 35 Ill. Adm. Code 722.181
and 722.187.
STI. Available from the Steel Tank Institute, 728 Anthony Trail,
Northbrook, IL 60062, 708-498-1980:
“Standard for Dual Wall Underground Steel Storage Tanks”
(1986), referenced in 35 Ill. Adm. Code 724.293.
USDOD. Available from the United States Department of Defense:
“DOD Ammunition and Explosives Safety Standards” (DOD
6055.9-STD), as in effect in July 1999 October 5, 2004, referenced
in 35 Ill. Adm. Code 726.305.
“The Motor Vehicle Inspection Report” (DD Form 626, MAR
2007), as in effect on Nov. 8, 1995, referenced in 35 Ill. Adm.
Code 726.303.
“Requisition Tracking Form” (DD Form 1348), as in effect on
Nov. 8, 1995, referenced in 35 Ill. Adm. Code 726.303.
“The Signature and Tally Record” (DD Form 1907, NOV 2006), as
in effect on Nov. 8, 1995, referenced in 35 Ill. Adm. Code
726.303.
“Special Instructions for Motor Vehicle Drivers” (DD Form 836,
OCT 2006), as in effect on Nov. 8, 1995, referenced in 35 Ill.
Adm. Code 726.303.
BOARD NOTE: DOD 6055.9-STD is available on-line for download in
pdf format from http://www.ddesb.pentagon.mil. DD Form 1348, DD
Form 1907, NOV 2006, and DD Form 836, OCT 2006 are available on-
line for download in pdf format from http://www.dtic.mil/whs/directives/
infomgt/forms/formsprogram.htm.
USEPA, Office of Ground Water and Drinking Water. Available from
United States Environmental Protection Agency, Office of Drinking
Water, State Programs Division, WH 550 E, Washington, D.C. 20460:
77
“Inventory of Injection Wells,” USEPA Form 7520-16 (Revised 8-
01), referenced in 35 Ill. Adm. Code 704.148 and 704.283.
“Technical Assistance Document: Corrosion, Its Detection and
Control in Injection Wells,” USEPA publication number EPA-
570/9-87-002, August 1987, referenced in 35 Ill. Adm. Code
730.165.
USEPA, Receptor Analysis Branch. Available from Receptor Analysis
Branch, USEPA (MD-14), Research Triangle Park, NC 27711:
“Screening Procedures for Estimating the Air Quality Impact of
Stationary Sources, Revised,” October 1992, USEPA publication
number EPA-450/R-92-019, USEPA-approved for Appendix I to
35 Ill. Adm. Code 726.
BOARD NOTE: EPA-454/R-92-019 is also available for purchase
from NTIS (see above) and on the Internet for free download as a
WordPerfect document from the USEPA website at following
Internet address:
www.epa.gov/scram001/guidance/guide/scrng.wpd.
USEPA Region 6. Available from United States Environmental
Protection Agency, Region 6, Multimedia Permitting and Planning
Division, 1445 Ross Avenue, Dallas, TX 75202 (phone: 214-665-7430):
“EPA RCRA Delisting Program--Guidance Manual for the
Petitioner,” March 23, 2000, referenced in Section 720.122.
USGSA. Available from the United States Government Services
Administration:
Government Bill of Lading (GBL) (GSA Standard Form 1103, rev
9/2003, supplemented as necessary with GSA Standard Form
1109, rev 09/1998), as in effect on Nov. 8, 1995, referenced in
Section 726.303.
BOARD NOTE: Available on-line for download in various
formats from www.gsa.gov/forms/forms.htm.
b)
Code of Federal Regulations. Available from the Superintendent of Documents,
U.S. Government Printing Office, Washington, D.C. 20401, 202-783-3238:
10 CFR 20.2006 (2006) (2007) (Transfer for Disposal and Manifests),
referenced in 35 Ill. Adm. Code 702.110, 726.425, and 726.450.
Table II, column 2 in Appendix B to 10 CFR 20 (2006) (2007) (Water
78
Effluent Concentrations), referenced in 35 Ill. Adm. Code 702.110,
730.103, and 730.151.
Appendix G to 10 CFR 20 (2006) (2007) (Requirements for Transfers of
Low-Level Radioactive Waste Intended for Disposal at Licensed Land
Disposal Facilities and Manifests), referenced in 35 Ill. Adm. Code
726.440.
10 CFR 71 (2006) (2007) (Packaging and Transportation of Radioactive
Material), referenced generally in 35 Ill. Adm. Code 726.430.
10 CFR 71.5 (2006) (2007) (Transportation of Licensed Material),
referenced in 35 Ill. Adm. Code 726.425.
33 CFR 153.203 (2005), as amended at 70 Fed. Reg. 74669 (Dec. 16,
2005) (2007) (Procedure for the Notice of Discharge), referenced in 35 Ill.
Adm. Code 723.130 and 739.143.
40 CFR 3.2, as added at 70 Fed. Reg. 59848 (Oct. 13, 2005) (2007) (How
Does This Part Provide for Electronic Reporting?), referenced in Section
720.104.
40 CFR 3.3, as added at 70 Fed. Reg. 59848 (Oct. 13, 2005) (2007) (What
Definitions Are Applicable to This Part?), referenced in Section 720.104.
40 CFR 3.10, as added at 70 Fed. Reg. 59848 (Oct. 13, 2005) (2007)
(What Are the Requirements for Electronic Reporting to EPA?),
referenced in Section 720.104.
40 CFR 3.2000, as added at 70 Fed. Reg. 59848 (Oct. 13, 2005) (2007)
(What Are the Requirements Authorized State, Tribe, and Local
Programs’ Reporting Systems Must Meet?), referenced in Section
720.104.
40 CFR 51.100(ii) (2005)
(2007) (Definitions), referenced in 35 Ill. Adm.
Code 726.200.
Appendix W to 40 CFR 51 (2005), as amended at 70 Fed. Reg. 68218
(Nov. 9, 2005) (2007) (Guideline on Air Quality Models), referenced in
35 Ill. Adm. Code 726.204.
BOARD NOTE: Also available from NTIS (see above for contact
information) as “Guideline on Air Quality Models,” Revised 1986,
USEPA publication number EPA-450/12-78-027R, NTIS document
numbers PB86-245248 (Guideline) and PB88-150958 (Supplement).
Appendix B to 40 CFR 52.741 (2005) (2007) (VOM Measurement
79
Techniques for Capture Efficiency), referenced in 35 Ill. Adm. Code
703.213, 703.352, 724.982, 724.984, 724.986, 724.989, 725.983, 725.985,
725.987, and 725.990.
40 CFR 60 (2005), as amended at 70 Fed. Reg. 51266 (Aug. 30, 2005), 70
Fed. Reg. 55568 (Sep. 22, 2005), 70 Fed. Reg. 59848 (Oct. 13, 2005), 70
Fed. Reg. 73138 (Dec. 9, 2005), 70 Fed. Reg. 74679 (Dec. 16, 2005), and
70 Fed. Reg. 74870 (Dec. 16, 2005) (2007) (Standards of Performance for
New Stationary Sources), referenced generally in 35 Ill. Adm. Code
724.964, 724.980, 725.964, and 725.980.
Subpart VV of 40 CFR 60 (2005) (2007) (Standards of Performance for
Equipment Leaks of VOC in the Synthetic Organic Chemicals
Manufacturing Industry), referenced in 35 Ill. Adm. Code 724.989 and
725.990.
Appendix A to 40 CFR 60 (2005) (2007) (Test Methods), referenced
generally in 35 Ill. Adm. Code 726.205 (in addition to the references cited
below for specific methods):
Method 1 (Sample and Velocity Traverses for Stationary Sources),
referenced in 35 Ill. Adm. Code 726.205.
Method 2 (Determination of Stack Gas Velocity and Volumetric
Flow Rate (Type S Pitot Tube)), referenced in 35 Ill. Adm. Code
724.933, 724.934, 725.933, 725.934, and 726.205.
Method 2A (Direct Measurement of Gas Volume through Pipes
and Small Ducts), referenced in 35 Ill. Adm. Code 724.933,
725.933, and 726.205.
Method 2B (Determination of Exhaust Gas Volume Flow Rate
from Gasoline Vapor Incinerators), referenced in 35 Ill. Adm.
Code 726.205.
Method 2C (Determination of Gas Velocity and Volumetric Flow
Rate in Small Stacks or Ducts (Standard Pitot Tube)), referenced in
35 Ill. Adm. Code 724.933, 725.933, and 726.205.
Method 2D (Measurement of Gas Volume Flow Rates in Small
Pipes and Ducts), referenced in 35 Ill. Adm. Code 724.933,
725.933, and 726.205.
Method 2E (Determination of Landfill Gas Production Flow Rate),
referenced in 35 Ill. Adm. Code 726.205.
80
Method 2F (Determination of Stack Gas Velocity and Volumetric
Flow Rate with Three-Dimensional Probes), referenced in 35 Ill.
Adm. Code 726.205.
Method 2G (Determination of Stack Gas Velocity and Volumetric
Flow Rate with Two-Dimensional Probes), referenced in 35 Ill.
Adm. Code 726.205.
Method 2H (Determination of Stack Gas Velocity Taking into
Account Velocity Decay Near the Stack Wall), referenced in 35 Ill.
Adm. Code 726.205.
Method 3 (Gas Analysis for the Determination of Dry Molecular
Weight), referenced in 35 Ill. Adm. Code 724.443 and 726.205.
Method 3A (Determination of Oxygen and Carbon Dioxide
Concentrations in Emissions from Stationary Sources
(Instrumental Analyzer Procedure)), referenced in 35 Ill. Adm.
Code 726.205.
Method 3B (Gas Analysis for the Determination of Emission Rate
Correction Factor or Excess Air), referenced in 35 Ill. Adm. Code
726.205.
Method 3C (Determination of Carbon Dioxide, Methane, Nitrogen,
and Oxygen from Stationary Sources), referenced in 35 Ill. Adm.
Code 726.205.
Method 4 (Determination of Moisture Content in Stack Gases),
referenced in 35 Ill. Adm. Code 726.205.
Method 5 (Determination of Particulate Matter Emissions from
Stationary Sources), referenced in 35 Ill. Adm. Code 726.205.
Method 5A (Determination of Particulate Matter Emissions from
the Asphalt Processing and Asphalt Roofing Industry), referenced
in 35 Ill. Adm. Code 726.205.
Method 5B (Determination of Nonsulfuric Acid Particulate Matter
Emissions from Stationary Sources), referenced in 35 Ill. Adm.
Code 726.205.
Method 5D (Determination of Particulate Matter Emissions from
Positive Pressure Fabric Filters), referenced in 35 Ill. Adm. Code
726.205.
81
Method 5E (Determination of Particulate Matter Emissions from
the Wool Fiberglass Insulation Manufacturing Industry),
referenced in 35 Ill. Adm. Code 726.205.
Method 5F (Determination of Nonsulfate Particulate Matter
Emissions from Stationary Sources), referenced in 35 Ill. Adm.
Code 726.205.
Method 5G (Determination of Particulate Matter Emissions from
Wood Heaters (Dilution Tunnel Sampling Location)), referenced
in 35 Ill. Adm. Code 726.205.
Method 5H (Determination of Particulate Emissions from Wood
Heaters from a Stack Location), referenced in 35 Ill. Adm. Code
726.205.
Method 5I (Determination of Low Level Particulate Matter
Emissions from Stationary Sources), referenced in 35 Ill. Adm.
Code 726.205.
Method 18 (Measurement of Gaseous Organic Compound
Emissions by Gas Chromatography), referenced in 35 Ill. Adm.
Code 724.933, 724.934, 725.933, and 725.934.
Method 21 (Determination of Volatile Organic Compound Leaks),
referenced in 35 Ill. Adm. Code 703.213, 724.934, 724.935,
724.963, 725.934, 725.935, 725.963, and 725.984.
Method 22 (Visual Determination of Fugitive Emissions from
Material Sources and Smoke Emissions from Flares), referenced in
35 Ill. Adm. Code 724.933, 724.1101, 725.933, 725.1101, and
727.900.
Method 25A (Determination of Total Gaseous Organic
Concentration Using a Flame Ionization Analyzer), referenced in
35 Ill. Adm. Code 724.934 and 725.985.
Method 25D (Determination of the Volatile Organic Concentration
of Waste Samples), referenced in 35 Ill. Adm. Code 724.982,
725.983, and 725.984.
Method 25E (Determination of Vapor Phase Organic
Concentration in Waste Samples), referenced in 35 Ill. Adm. Code
725.984.
Method 27 (Determination of Vapor Tightness of Gasoline
82
Delivery Tank Using Pressure-Vacuum Test), referenced in 35 Ill.
Adm. Code 724.987 and 725.987.
40 CFR 61 (2005), as amended at 70 Fed. Reg. 73138 (Dec. 9, 2005) and
70 Fed. Reg. 73595 (Dec. 13, 2005) (2007) (National Emission Standards
for Hazardous Air Pollutants), referenced generally in 35 Ill. Adm. Code
725.933, 725.964, and 725.980.
Subpart V of 40 CFR 61 (2005) (2007) (National Emission Standard for
Equipment Leaks (Fugitive Emission Sources)), referenced in 35 Ill. Adm.
Code 724.989 and 725.990.
Subpart FF of 40 CFR 61 (2005) (2007) (National Emission Standard for
Benzene Waste Operations), referenced in 35 Ill. Adm. Code 724.982 and
725.983.
40 CFR 63 (2005), as amended at 70 Fed. Reg. 38554 (July 1, 2005), 70
Fed. Reg. 38780 (July 6, 2005), 70 Fed. Reg. 39426 (July 8, 2005), 70
Fed. Reg. 39662 (July 11, 2005), 70 Fed. Reg. 40672 (July 14, 2005), 70
Fed. Reg. 44285 (Aug. 2, 2005), 70 Fed. Reg. 46684 (Aug. 10, 2005), 70
Fed. Reg. 50118 (Aug. 25, 2005), 70 Fed. Reg. 51269 (Aug. 30, 2005), 70
Fed. Reg. 57513 (Oct. 3, 2005), 70 Fed. Reg. 59402 (Oct. 12, 2005), 70
Fed. Reg. 59848 (Oct. 13, 2005), 70 Fed. Reg. 66280 (Nov. 2, 2005), 70
Fed. Reg. 73138 (Dec. 9, 2005), 70 Fed. Reg. 73595 (Dec. 13, 2005), 70
Fed. Reg. 75042 (Dec. 19, 2005), 70 Fed. Reg. 75047 (Dec. 19, 2005), 70
Fed. Reg. 75320 (Dec. 19, 2005), 70 Fed. Reg. 75924 (Dec. 21, 2005), 70
Fed. Reg. 76918 (Dec. 28, 2005), and 71 Fed. Reg. 14655 (Mar. 23, 2006)
(2007) (National Emission Standards for Hazardous Air Pollutants for
Source Categories), referenced generally in 35 Ill. Adm. Code 725.933,
725.964, and 725.980.
Subpart RR of 40 CFR 63 (2005)
(2007) (National Emission Standards for
Individual Drain Systems), referenced in 35 Ill. Adm. Code 724.982,
724.984, 724.985, 725.983, 725.985, and 725.986.
Subpart EEE of 40 CFR 63 (2000) (National Emission Standards for
Hazardous Air Pollutants from Hazardous Waste Combustors), referenced
in 35 Ill. Adm. Code 703.280.
Subpart EEE of 40 CFR 63 (2005), as amended at 70 Fed. Reg. 59402
(Oct. 12, 2005), 70 Fed. Reg. 75042 (Dec. 19, 2005), and 71 Fed. Reg.
14655 (Mar. 23, 2006) (2007) (National Emission Standards for
Hazardous Air Pollutants from Hazardous Waste Combustors) (includes
40 CFR 63.1206 (When and How Must You Comply with the Standards
and Operating Requirements?), 63.1215 (What are the Health-Based
Compliance Alternatives for Total Chlorine?), 63.1216 (What are the
83
Standards for Solid-Fuel Boilers that Burn Hazardous Waste?), 63.1217
(What are the Standards for Liquid-Fuel Boilers that Burn Hazardous
Waste?), 63.1218 (What are the Standards for Hydrochloric Acid
Production Furnaces that Burn Hazardous Waste?), 63.1219 (What are the
Replacement Standards for Hazardous Waste Incinerators?), 63.1220
(What are the Replacement Standards for Hazardous Waste-Burning
Cement Kilns?), and 63.1221 (What are the Replacement Standards for
Hazardous Waste-Burning Lightweight Aggregate Kilns?)), referenced in
Appendix A to 35 Ill. Adm. Code 703 and 35 Ill. Adm. Code 703.155,
703.205, 703.208, 703.221, 703.232, 703.320, 703.280, 724.440, 724.701,
724.950, 725.440, and 726.200.
Method 301 (Field Validation of Pollutant Measurement Methods from
Various Waste Media) in appendix A to 40 CFR 63 (2005) (2007) (Test
Methods), referenced in 35 Ill. Adm. Code 725.984.
Appendix C to 40 CFR 63 (2005) (2007) (Determination of the Fraction
Biodegraded (Fbio) in a Biological Treatment Unit), referenced in 35 Ill.
Adm. Code 725.984.
Appendix D to 40 CFR 63 (2005) (2007) (Test Methods), referenced in 35
Ill. Adm. Code 725.984.
40 CFR 136.3 (Identification of Test Procedures) (2005) (2007),
referenced in 35 Ill. Adm. Code 702.110, 704.150, 704.187, and 730.103.
40 CFR 144.70 (2005) (2007) (Wording of the Instruments), referenced in
35 Ill. Adm. Code 704.240.
40 CFR 232.2 (2005) (2007) (Definitions), referenced in 35 Ill. Adm.
Code 721.104.
40 CFR 257 (2005), as amended at 70 Fed. Reg. 59848 (Oct. 13, 2005)
(2007)
(Criteria for Classification of Solid Waste Disposal Facilities and
Practices), referenced in 35 Ill. Adm. Code 739.181.
40 CFR 258 (2005), as amended at 70 Fed. Reg. 44150 (Aug. 1, 2005) and
70 Fed. Reg. 59848 (Oct. 13, 2005) (2007) (Criteria for Municipal Solid
Waste Landfills), referenced in 35 Ill. Adm. Code 739.181.
40 CFR 260.21 (2005) (2007) (Alternative Equivalent Testing Methods),
referenced in Section 720.121.
Appendix I to 40 CFR 260 (2005)
(2007) (Overview of Subtitle C
Regulations), referenced in Appendix A to 35 Ill. Adm. Code 720.
84
Appendix III to 40 CFR 261 (2005) (2007) (Chemical Analysis Test
Methods), referenced in 35 Ill. Adm. Code 704.150 and 704.187.
40 CFR 262.53 (2005) (2007)(Notification of Intent to Export), referenced
in 35 Ill. Adm. Code 722.153.
40 CFR 262.54 (2005) (2007) (Special Manifest Requirements), and as
amended at 70 Fed. Reg. 10776 (March 4, 2005), referenced in 35 Ill.
Adm. Code 722.154.
40 CFR 262.55 (2005) (2007) (Exception Reports), referenced in 35 Ill.
Adm. Code 722.155.
40 CFR 262.56 (2005) (2007) (Annual Reports), referenced in 35 Ill.
Adm. Code 722.156.
40 CFR 262.57 (2005) (2007) (Recordkeeping), referenced in 35 Ill. Adm.
Code 722.157.
Appendix to 40 CFR 262 (2005) (2007) (Uniform Hazardous Waste
Manifest and Instructions (EPA Forms 8700-22 and 8700-22A and Their
Instructions)), and as amended at 70 Fed. Reg. 10776 (March 4, 2005),
referenced in Appendix A to 35 Ill. Adm. Code 722 and 35 Ill. Adm. Code
724.986 and 725.987.
40 CFR 264.151 (2005) (2007) (Wording of the Instruments), referenced
in 35 Ill. Adm. Code 724.251 and 727.240.
Appendix I to 40 CFR 264 (2005) (2007) (Recordkeeping Instructions),
referenced in Appendix A to 35 Ill. Adm. Code 724.
Appendix IV to 40 CFR 264 (2005)
(2007) (Cochran’s Approximation to
the Behrens-Fisher Students’ T-Test), referenced in Appendix D to 35 Ill.
Adm. Code 724.
Appendix V to 40 CFR 264 (2005) (2007) (Examples of Potentially
Incompatible Waste), referenced in Appendix E to 35 Ill. Adm. Code 724
and 35 Ill. Adm. Code 727.270.
Appendix VI to 40 CFR 264 (2005)
(2007) (Political Jurisdictions in
Which Compliance with § 264.18(a) Must Be Demonstrated), referenced
in 35 Ill. Adm. Code 703.306 and 724.118.
Appendix I to 40 CFR 265 (2005) (2007) (Recordkeeping Instructions),
referenced in Appendix A to 35 Ill. Adm. Code 725.
85
Appendix III to 40 CFR 265 (2005) (2007) (EPA Interim Primary
Drinking Water Standards), referenced in Appendix C to 35 Ill. Adm.
Code 725.
Appendix IV to 40 CFR 265 (2005) (2007) (Tests for Significance),
referenced in Appendix D to 35 Ill. Adm. Code 725.
Appendix V to 40 CFR 265 (2005) (2007) (Examples of Potentially
Incompatible Waste), referenced in 35 Ill. Adm. Code 725.277, 725.330,
725.357, 725.382, and 725.413 and Appendix E to 35 Ill. Adm. Code 725.
Appendix IX to 40 CFR 266 (2005) (2007) (Methods Manual for
Compliance with the BIF Regulations), referenced generally in Appendix
I to 35 Ill. Adm. Code 726.
Section 4.0 (Procedures for Estimating the Toxicity Equivalence of
Chlorinated Dibenzo-p-Dioxin and Dibenzofuran Congeners),
referenced in 35 Ill. Adm. Code 726.200 and 726.204.
Section 5.0 (Hazardous Waste Combustion Air Quality Screening
Procedure), referenced in 35 Ill. Adm. Code 726.204.
Section 7.0 (Statistical Methodology for Bevill Residue
Determinations), referenced in 35 Ill. Adm. Code 726.212.
BOARD NOTE: Also available from NTIS (see above for contact
information) as “Methods Manual for Compliance with BIF Regulations:
Burning Hazardous Waste in Boilers and Industrial Furnaces,” December
1990, USEPA publication number EPA-530/SW-91-010, NTIS document
number PB91-120006.
40 CFR 270.5 (2005)
(2007) (Noncompliance and Program Reporting by
the Director), referenced in 35 Ill. Adm. Code 703.305.
40 CFR 761 (2005) (2007) (Polychlorinated Biphenyls (PCBs)
Manufacturing, Processing, Distribution in Commerce, and Use
Prohibitions), referenced generally in 35 Ill. Adm. Code 728.145.
40 CFR 761.3 (2005) (2007) (Definitions), referenced in 35 Ill. Adm.
Code 728.102 and 739.110.
40 CFR 761.60 (2005)
(2007) (Disposal Requirements), referenced in 35
Ill. Adm. Code 728.142.
40 CFR 761.65 (2005) (2007) (Storage for Disposal), referenced in 35 Ill.
Adm. Code 728.150.
86
40 CFR 761.70 (2005) (2007) (Incineration), referenced in 35 Ill. Adm.
Code 728.142.
Subpart B of 49 CFR 107 (2005), as amended at 70 Fed. Reg. 73156 (Dec.
9, 2005) (2007) (Exemptions), referenced generally in 35 Ill. Adm. Code
724.986 and 725.987.
49 CFR 171 (2005), as amended at 70 Fed. Reg. 73156 (Dec. 9, 2005)
(2007) (General Information, Regulations, and Definitions), referenced
generally in 35 Ill. Adm. Code 733.118, 733.138, 733.152, and 739.143.
49 CFR 171.3 (2005) (2007) (Hazardous Waste), referenced in 35 Ill.
Adm. Code 722.133.
49 CFR 171.8 (2005), as amended at 70 Fed. Reg. 20018 (July 28, 2005)
and 70 Fed. Reg. 73156 (Dec. 9, 2005) (2007) (Definitions and
Abbreviations), referenced in 35 Ill. Adm. Code 733.118, 733.138,
733.152, 733.155, and 739.143.
49 CFR 171.15 (2005) (2007) (Immediate Notice of Certain Hazardous
Materials Incidents), referenced in 35 Ill. Adm. Code 723.130 and
739.143.
49 CFR 171.16 (2005) (2007) (Detailed Hazardous Materials Incident
Reports), referenced in 35 Ill. Adm. Code 723.130 and 739.143.
49 CFR 172 (2005), as amended at 70 Fed. Reg. 73156 (Dec. 9, 2005)
(2007) (Hazardous Materials Table, Special Provisions, Hazardous
Materials Communications, Emergency Response Information, and
Training Requirements), referenced generally in 35 Ill. Adm. Code
722.131, 722.132, 724.986, 725.987, 733.114, 733.118, 733.134, 733.138,
733.152, 733.155, and 739.143.
49 CFR 172.304 (2005)
(2007) (Marking Requirements), referenced in 35
Ill. Adm. Code 722.132.
Subpart F of 49 CFR 172 (2005) (2007) (Placarding), referenced in 35 Ill.
Adm. Code 722.133.
49 CFR 173 (2005), as amended at 70 Fed. Reg. 73156 (Dec. 9, 2005)
(2007)
(Shippers—General Requirements for Shipments and Packages),
referenced generally in 35 Ill. Adm. Code 722.130, 724.986, 724.416,
725.987, 733.118, 733.138, 733.152, and 739.143.
49 CFR 173.2 (2005)
(2007) (Hazardous Materials Classes and Index to
87
Hazard Class Definitions), referenced in 35 Ill. Adm. Code 733.152.
49 CFR 173.12 (2005) (2007) (Exceptions for Shipments of Waste
Materials), referenced in 35 Ill. Adm. Code 724.416, 724.986, and
725.987.
49 CFR 173.28 (2005) (2007) (Reuse, Reconditioning, and Remanufacture
of Packagings), referenced in 35 Ill. Adm. Code 725.273.
49 CFR 173.50 (2005) (2007) (Class 1—Definitions), referenced in 35 Ill.
Adm. Code 721.124.
49 CFR 173.54 (2005) (2006) (Forbidden Explosives), referenced in 35
Ill. Adm. Code 721.124.
49 CFR 173.115 (2005) (2007) (Class 2, Divisions 2.1, 2.2, and 2.3—
Definitions), referenced in 35 Ill. Adm. Code 721.121.
49 CFR 173.127 (2005) (Class 5, Division 5.1—Definition and
Assignment of Packaging Groups), referenced in 35 Ill. Adm. Code
721.121.
49 CFR 174 (2005), as amended at 70 Fed. Reg. 73156 (Dec. 9, 2005)
(2007) (Carriage by Rail), referenced generally in 35 Ill. Adm. Code
733.118, 733.138, 733.152, and 739.143.
49 CFR 175 (2005), as amended at 70 Fed. Reg. 73156 (Dec. 9, 2005)
(2007) (Carriage by Aircraft), referenced generally in 35 Ill. Adm. Code
733.118, 733.138, 733.152, and 739.143.
49 CFR 176 (2005), as amended at 70 Fed. Reg. 73156 (Dec. 9, 2005)
(2007) (Carriage by Vessel), referenced generally in 35 Ill. Adm. Code
733.118, 733.138, 733.152, and 739.143.
49 CFR 177 (2005), as amended at 70 Fed. Reg. 73156 (Dec. 9, 2005)
(2007) (Carriage by Public Highway), referenced generally in 35 Ill. Adm.
Code 733.118, 733.138, 733.152, and 739.143.
49 CFR 178 (2005), as amended at 70 Fed. Reg. 73156 (Dec. 9, 2005)
(2007)
(Specifications for Packagings), referenced generally in 35 Ill.
Adm. Code 722.130, 724.416, 724.986, 725.416, 725.987, 733.118,
733.138, 733.152, and 739.143.
49 CFR 179 (2005), as amended at 70 Fed. Reg. 73156 (Dec. 9, 2005)
(2007) (Specifications for Tank Cars), referenced in 35 Ill. Adm. Code
722.130, 724.416, 724.986, 725.416, 725.987, 733.118, 733.138, 733.152,
88
and 739.143.
49 CFR 180 (2005), as amended at 70 Fed. Reg. 73156 (Dec. 9, 2005)
(2006) (Continuing Qualification and Maintenance of Packagings),
referenced generally in 35 Ill. Adm. Code 724.986, 725.987, 733.118,
733.138, 733.152, and 739.143.
c)
Federal Statutes:
Section 11 of the Atomic Energy Act of 1954 (42 USC 2014), as amended
through January 23, 2000 January 3, 2005, referenced in 35 Ill. Adm.
Code 721.104 and 726.310.
Sections 201(v), 201(w), and 512(j) of the Federal Food, Drug, and
Cosmetic Act (FFDCA; 21 USC 321(v), 321(w), and 360b(j)), as amended
through January 2, 2001 January 3, 2005, referenced in Section 720.110
and 35 Ill. Adm. Code 733.109.
Section 1412 of the Department of Defense Authorization Act of 1986,
Pub. L. 99-145 (50 USC 1521(j)(1)), as amended through January 23,
2000 January 3, 2005, referenced in 35 Ill. Adm. Code 726.301.
d)
This Section incorporates no later editions or amendments.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART C: RULEMAKING PETITIONS AND OTHER PROCEDURES
Section 720.131
Solid Waste Determinations
a)
The Board will determine that those materials that are accumulated speculatively
without sufficient amounts being recycled are not solid wastes if the applicant
demonstrates that sufficient amounts of the material will be recycled or
transferred for recycling in the following year. Such a determination is valid only
for the following year, but can be renewed, on an annual basis, by filing a new
application. This determination will be based on the following criteria:
1)
The manner in which the material is expected to be recycled, when the
material is expected to be recycled, and whether this expected disposition
is likely to occur (for example, because of past practice, market factors,
the nature of the material or contractual arrangements for recycling);
2)
The reason that the applicant has accumulated the material for one or more
years without recycling 75 percent of the volume accumulated at the
beginning of the year;
89
3)
The quantity of material already accumulated and the quantity expected to
be generated and accumulated before the material is recycled;
4)
The extent to which the material is handled to minimize loss; and
5)
Other relevant factors.
b)
The Board will determine that those materials that are reclaimed and then reused
as feedstock within the original production process in which the materials were
generated are not solid wastes if the reclamation operation is an essential part of
the production process. This determination will be based on the following
criteria:
1)
How economically viable the production process would be if it were to
use virgin materials, rather than reclaimed materials;
2)
The prevalence of the practice on an industry-wide basis;
32)
The extent to which the material is handled before reclamation to
minimize loss;
43)
The time periods between generating the material and its reclamation, and
between reclamation and return to the original primary production
process;
54)
The location of the reclamation operation in relation to the production
process;
65)
Whether the reclaimed material is used for the purpose for which it was
originally produced when it is returned to the original process, and
whether it is returned to the process in substantially its original form;
76)
Whether the person that generates the material also reclaims it; and
87)
Other relevant factors.
c)
The Board will determine that those materials that have been reclaimed but must
be reclaimed further before recovery is completed are not solid wastes if, after
initial reclamation, the resulting material is commodity-like (even though it is not
yet a commercial product, and has to be reclaimed further). This determination
will be based on the following criteria:
1)
The degree of processing the material has undergone and the degree of
further processing that is required;
2)
The value of the material after it has been reclaimed;
90
3)
The degree to which the reclaimed material is like an analogous raw
material;
4)
The extent to which an end market for the reclaimed material is
guaranteed;
5)
The extent to which the reclaimed material is handled to minimize loss;
and
6)
Other relevant factors.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 720.140
Additional Regulation of Certain Hazardous Waste Recycling Activities
on a Case-by-Case Basis
a)
The Agency may decide on a case-by-case basis that persons accumulating or
storing the recyclable materials described in 35 Ill. Adm. Code 721.106(a)(2)(D)
721.106(a)(2)(C) should be regulated pursuant to 35 Ill. Adm. Code 721.106(b)
and (c) rather than pursuant to the provisions of Subpart F of 35 Ill. Adm. Code
726. The basis for this decision is that the materials are being accumulated or
stored in a manner that does not protect human health and the environment
because the materials or their toxic constituents have not been adequately
contained, or because the materials being accumulated or stored together are
incompatible. In making this decision, the Agency must consider the following
factors:
1)
The types of materials accumulated or stored and the amounts
accumulated or stored;
2)
The method of accumulation or storage;
3)
The length of time the materials have been accumulated or stored before
being reclaimed;
4)
Whether any contaminants are being released into the environment, or are
likely to be so released; and
5)
Other relevant factors.
b)
The procedures for this decision are set forth in Section 720.141.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
91
Section 720.141
Procedures for Case-by-Case Regulation of Hazardous Waste Recycling
Activities
The Agency must use the following procedures when determining whether to regulate hazardous
waste recycling activities described in 35 Ill. Adm. Code 721.106(a)(2)(D) 721.106(a)(2)(C)
under the provisions of 35 Ill Adm. Code 721.106(b) and (c) rather than under the provisions of
Subpart F of 35 Ill. Adm. Code 726.
a)
If a generator is accumulating the waste, the Agency must issue a notice setting
forth the factual basis for the decision and stating that the person must comply
with the applicable requirements of Subparts A, C, D and E of 35 Ill. Adm. Code
722. The notice will become final within 30 days, unless the person served
requests a public hearing to challenge the decision. Upon receiving such a
request, the Agency must hold a public hearing. The Agency must provide notice
of the hearing to the public and allow public participation at the hearing. The
Agency must issue a final written memorandum of decision after the hearing
stating whether or not compliance with 35 Ill. Adm. Code 722 is required, and
setting forth the reasons for the Agency’s decision, including all findings of fact
and conclusions of law. Such memorandum of decision will constitute a final
administrative action, and may be appealed to the Board. The decision becomes
effective 35 days after service of the decision unless the Agency specifies a later
date or unless an appeal has been filed with the Board. The decision may be
appealed to the Board by any person who participated in the hearing. Proceedings
before the Board must be in general accordance with the rules set forth in 35 Ill.
Adm. Code 105.
b)
If the person is accumulating the recyclable material as a storage facility, the
notice must state that the person must obtain a permit in accordance with all
applicable provisions of 35 Ill. Adm. Code 702, 703, and 705. The owner or
operator of the facility must apply for a permit within no less than 60 days and no
more than six months of notice, as specified in the notice. If the owner or
operator of the facility wishes to challenge the Agency’s decision, it may do so in
its permit application, in a public hearing held on the draft permit, or in comments
filed on the draft permit or on the notice of intent to deny the permit. The fact
sheet accompanying the permit will specify the reasons for the Agency’s
determination. The question of whether the Agency’s decision was proper will
remain open for consideration during the public comment period discussed under
Subparts D and E of 35 Ill. Adm. Code 705, and in any subsequent hearing.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
92
PART 721
IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A: GENERAL PROVISIONS
Section
721.101
Purpose and Scope
721.102
Definition of Solid Waste
721.103
Definition of Hazardous Waste
721.104
Exclusions
721.105
Special Requirements for Hazardous Waste Generated by Small Quantity
Generators
721.106
Requirements for Recyclable Materials
721.107
Residues of Hazardous Waste in Empty Containers
721.108
PCB Wastes Regulated under TSCA
721.109
Requirements for Universal Waste
SUBPART B: CRITERIA FOR IDENTIFYING THE CHARACTERISTICS OF
HAZARDOUS WASTE AND FOR LISTING HAZARDOUS WASTES
Section
721.110
Criteria for Identifying the Characteristics of Hazardous Waste
721.111
Criteria for Listing Hazardous Waste
SUBPART C: CHARACTERISTICS OF HAZARDOUS WASTE
Section
721.120
General
721.121
Characteristic of Ignitability
721.122
Characteristic of Corrosivity
721.123
Characteristic of Reactivity
721.124
Toxicity Characteristic
SUBPART D: LISTS OF HAZARDOUS WASTE
Section
721.130
General
721.131
Hazardous Wastes from Nonspecific Sources
721.132
Hazardous Waste from Specific Sources
721.133
Discarded Commercial Chemical Products, Off-Specification Species, Container
Residues, and Spill Residues Thereof
721.135
Wood Preserving Wastes
SUBPART E: EXCLUSIONS AND EXEMPTIONS
Section
721.138
Comparable or Syngas Fuel Exclusion
721.139
Conditional Exclusion for Used, Broken CRTs and Processed CRT Glass
Undergoing Recycling
721.140
Conditional Exclusion for Used, Intact CRTs Exported for Recycling
721.141
Notification and Recordkeeping for Used, Intact CRTs Exported for Reuse
93
721.Appendix A
Representative Sampling Methods
721.Appendix B
Method 1311 Toxicity Characteristic Leaching Procedure (TCLP)
721.Appendix C
Chemical Analysis Test Methods
Table A
Analytical Characteristics of Organic Chemicals (Repealed)
Table B
Analytical Characteristics of Inorganic Species (Repealed)
Table C
Sample Preparation/Sample Introduction Techniques (Repealed)
721.Appendix G
Basis for Listing Hazardous Wastes
721.Appendix H
Hazardous Constituents
721.Appendix I
Wastes Excluded by Administrative Action
Table A
Wastes Excluded by USEPA pursuant to 40 CFR 260.20 and 260.22 from
Non-Specific Sources
Table B
Wastes Excluded by USEPA pursuant to 40 CFR 260.20 and 260.22 from
Specific Sources
Table C
Wastes Excluded by USEPA pursuant to 40 CFR 260.20 and 260.22 from
Commercial Chemical Products, Off-Specification Species, Container
Residues, and Soil Residues Thereof
Table D
Wastes Excluded by the Board by Adjusted Standard
721.Appendix J
Method of Analysis for Chlorinated Dibenzo-p-Dioxins and
Dibenzofurans (Repealed)
721.Appendix Y
Table to Section 721.138
721.Appendix Z
Table to Section 721.102
AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 22.4 and 27].
SOURCE: Adopted in R81-22 at 5 Ill. Reg. 9781, effective May 17, 1982; amended and
codified in R81-22 at 6 Ill. Reg. 4828, effective May 17, 1982; amended in R82-18 at 7 Ill. Reg.
2518, effective February 22, 1983; amended in R82-19 at 7 Ill. Reg. 13999, effective October 12,
1983; amended in R84-34, 61 at 8 Ill. Reg. 24562, effective December 11, 1984; amended in
R84-9 at 9 Ill. Reg. 11834, effective July 24, 1985; amended in R85-22 at 10 Ill. Reg. 998,
effective January 2, 1986; amended in R85-2 at 10 Ill. Reg. 8112, effective May 2, 1986;
amended in R86-1 at 10 Ill. Reg. 14002, effective August 12, 1986; amended in R86-19 at 10 Ill.
Reg. 20647, effective December 2, 1986; amended in R86-28 at 11 Ill. Reg. 6035, effective
March 24, 1987; amended in R86-46 at 11 Ill. Reg. 13466, effective August 4, 1987; amended in
R87-32 at 11 Ill. Reg. 16698, effective Sept. 30, 1987; amended in R87-5 at 11 Ill. Reg. 19303,
effective Nov. 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 Nov. 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 Sept. 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 Sept. 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
94
Nov. 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 Nov. 22, 1993; amended in R93-16 at 18 Ill. Reg. 6741,
effective April 26, 1994; amended in R94-7 at 18 Ill. Reg. 12175, effective July 29, 1994;
amended in R94-17 at 18 Ill. Reg. 17490, effective Nov. 23, 1994; amended in R95-6 at 19 Ill.
Reg. 9522, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 10963, effective August 1,
1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 275, effective December 16, 1997;
amended in R98-12 at 22 Ill. Reg. 7615, effective April 15, 1998; amended in R97-21/R98-
3/R98-5 at 22 Ill. Reg. 17531, effective Sept. 28, 1998; amended in R98-21/R99-2/R99-7 at 23
Ill. Reg. 1718, effective January 19, 1999; amended in R99-15 at 23 Ill. Reg. 9135, effective July
26, 1999; amended in R00-13 at 24 Ill. Reg. 9481, effective June 20, 2000; amended in R01-3 at
25 Ill. Reg. 1281, effective January 11, 2001; amended in R01-21/R01-23 at 25 Ill. Reg. 9108,
effective July 9, 2001; amended in R02-1/R02-12/R02-17 at 26 Ill. Reg. 6584, effective April 22,
2002; amended in R03-18 at 27 Ill. Reg. 12760, effective July 17, 2003; amended in R04-16 at
28 Ill. Reg. 10693, effective July 19, 2004; amended in R05-8 at 29 Ill. Reg. 6003, effective
April 13, 2005; amended in R06-5/R06-6/R06-7 at 30 Ill. Reg. 2992, effective February 23,
2006; amended in R06-16/R06-17/R06-18 at 31 Ill. Reg. 791, effective December 20, 2006;
amended in R07-5/R07-14 at 32 Ill. Reg. ________, effective ______________________.
SUBPART A: GENERAL PROVISIONS
Section 721.103
Definition of Hazardous Waste
a)
A solid waste, as defined in Section 721.102, is a hazardous waste if the following
is true of the waste:
1)
It is not excluded from regulation as a hazardous waste pursuant to
Section 721.104(b); and
2)
It meets any of the following criteria:
A)
It exhibits any of the characteristics of hazardous waste identified
in Subpart C of this Part. However, any mixture of a waste from
the extraction, beneficiation, and processing of ores and minerals
excluded pursuant to Section 721.104(b)(7) and any other solid
waste exhibiting a characteristic of hazardous waste pursuant to
Subpart C 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 the mixture
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 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
95
mixture.
B)
It is listed in Subpart D of this Part and has not been excluded from
the lists in Subpart D of this Part pursuant to 35 Ill. Adm. Code
720.120 and 720.122.
C)
This subsection (a)(2)(B) corresponds with 40 CFR
261.3(a)(2)(iii), which USEPA removed and marked as “reserved”
at 66 Fed. Reg. 27266 (May 16, 2001). This statement maintains
structural consistency with the federal regulations.
D)
It is a mixture of solid waste and one or more hazardous wastes
listed in Subpart D of this Part and has not been excluded from this
subsection (a)(2) pursuant to 35 Ill. Adm. Code 720.120 and
720.122, subsection (g) of this Section, or subsection (h) of this
Section; however, the following mixtures of solid wastes and
hazardous wastes listed in Subpart D of this Part are not hazardous
wastes (except by application of subsection (a)(2)(A) or (a)(2)(B)
of this Section) 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 that have eliminated the discharge of
wastewater) and the following is true of the waste:
i)
It is one or more of the following solvents listed in Section
721.131: benzene, carbon tetrachloride, tetrachloro-
ethylene, trichloroethylene or the scrubber waters derived
from the combustion of these spent 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 1 part per million, or the total measured
concentration of these solvents entering the headworks of
the facility’s wastewater treatment system (at a facility that
is subject to regulation under the federal Clean Air Act new
source performance standards or national emission
standards for hazardous air pollutants of 40 CFR 60, 61, or
63 or at a facility that is subject to an enforceable limit in a
federal operating permit that minimizes fugitive emissions)
does not exceed 1 part per million on an average weekly
basis. Any facility that uses benzene as a solvent and
claims this exemption must use an aerated biological
wastewater treatment system and must use only lined
surface impoundments or tanks prior to secondary
96
clarification in the wastewater treatment system. A facility
that chooses to measure concentration levels must file a
copy of its sampling and analysis plan with the Agency. A
facility must file a copy of a revised sampling and analysis
plan only if the initial plan is rendered inaccurate by
changes in the facility’s operations. The sampling and
analysis plan must include the monitoring point location
(headworks), the sampling frequency and methodology,
and a list of constituents to be monitored. A facility is
eligible for the direct monitoring option once it receives
confirmation that the sampling and analysis plan has been
received by the Agency. The Agency must reject the
sampling and analysis plan if it determines that the
sampling and analysis plan fails to include the information
required by this subsection (a)(2)(D)(i) or that the plan
parameters would not enable the facility to calculate the
weekly average concentration of these chemicals
accurately. If the Agency rejects the sampling and analysis
plan, or if the Agency determines that the facility is not
following the sampling and analysis plan, the Agency must
notify the facility to cease the use of the direct monitoring
option until such time as the bases for rejection are
corrected;
ii)
It is one or more of the following spent solvents listed in
Section 721.131: methylene chloride, 1,1,1-trichloro-
ethane, chlorobenzene, o-dichlorobenzene, cresols, cresylic
acid, nitrobenzene, toluene, methyl ethyl ketone, carbon
disulfide, isobutanol, pyridine, spent chlorofluorocarbon
solvents, 2- ethoxyethanol, or the scrubber waters derived-
from the combustion of these spent 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 the total measured
concentration of these solvents entering the headworks of
the facility’s wastewater treatment system (at a facility that
is subject to regulation under the federal Clean Air Act new
source performance standards or national emission
standards for hazardous air pollutants of 40 CFR 60, 61, or
63 or at a facility that is subject to an enforceable limit in a
federal operating permit that minimizes fugitive emissions)
does not exceed 25 parts per million on an average weekly
basis. A facility that chooses to measure concentration
97
levels must file a copy of its sampling and analysis plan
with the Agency. A facility must file a copy of a revised
sampling and analysis plan only if the initial plan is
rendered inaccurate by changes in the facility’s operations.
The sampling and analysis plan must include the
monitoring point location (headworks), the sampling
frequency and methodology, and a list of constituents to be
monitored. A facility is eligible for the direct monitoring
option once it receives confirmation that the sampling and
analysis plan has been received by the Agency. The
Agency must reject the sampling and analysis plan if it
determines that the sampling and analysis plan fails to
include the information required by this subsection
(a)(2)(D)(ii) or that the plan parameters would not enable
the facility to calculate the weekly average concentration of
these chemicals accurately. If the Agency rejects the
sampling and analysis plan, or if the Agency determines
that the facility is not following the sampling and analysis
plan, the Agency must notify the facility to cease the use of
the direct monitoring option until such time as the bases for
rejection are corrected;
iii)
It is one of the following wastes listed in Section 721.132,
provided that the wastes are discharged to the refinery oil
recovery sewer before primary oil/water/solids separation:
heat exchanger bundle cleaning sludge from the petroleum
refining industry (USEPA hazardous waste no. K050),
crude oil storage tank sediment from petroleum refining
operations (USEPA hazardous waste number K169),
clarified slurry oil tank sediment or in-line filter/separation
solids from petroleum refining operations (USEPA
hazardous waste number K170), spent hydrotreating
catalyst (USEPA hazardous waste number K171), and
spent hydrorefining catalyst (USEPA hazardous waste
number K172);
iv)
It is a discarded hazardous waste, commercial chemical
product or chemical intermediate listed in Section 721.121,
721.132, or 721.133 arising from de minimis losses of these
materials. For purposes of this subsection (a)(2)(D)(iv),
“de minimis” losses are inadvertent releases to a
wastewater treatment system, including 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,
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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. Any manufacturing facility that
claims an exemption for de minimis quantities of a waste
listed in Section 721.131 or 721.132, or any
nonmanufacturing facility that claims an exemption for de
minimis quantities of wastes listed in Subpart D of this
Part, must either have eliminated the discharge of
wastewaters or have included in its federal Clean Water
Act (33 USC 1251 et seq.) permit application or
wastewater pretreatment submission to the Agency or the
wastewater pretreatment Control Authority pursuant to 35
Ill. Adm. Code 307 of the constituents for which each
waste was listed (in Appendix G of this Part); and the
constituents in Table T to 35 Ill. Adm. Code 728 for which
each waste has a treatment standard (
i.e.
, land disposal
restriction constituents). A facility is eligible to claim the
exemption once the Agency or Control Authority has been
notified of possible de minimis releases via the Clean
Water Act permit application or the wastewater
pretreatment submission. A copy of the Clean Water Act
permit application or the wastewater pretreatment
submission must be placed in the facility’s on-site files;
v)
It is 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 wastewater are not to be included in
this calculation;
vi)
It is one or more of the following wastes listed in Section
721.132: wastewaters from the production of carbamates
and carbamoyl oximes (USEPA Hazardous Waste No.
K157), provided that the maximum weekly usage of
formaldehyde, methyl chloride, methylene chloride, and
triethylamine (including all amounts that cannot be
99
demonstrated to be reacted in the process, destroyed
through treatment, or recovered, i.e., what is discharged or
volatilized) divided by the average weekly flow of process
wastewater prior to any dilutions into the headworks of the
facility’s wastewater treatment system does not exceed a
total of 5 parts per million by weight, or the total measured
concentration of these chemicals entering the headworks of
the facility’s wastewater treatment system (at a facility that
is subject to regulation under the federal Clean Air Act new
source performance standards or national emission
standards for hazardous air pollutants of 40 CFR 60, 61, or
63 or at a facility that is subject to an enforceable limit in a
federal operating permit that minimizes fugitive emissions)
does not exceed 5 parts per million on an average weekly
basis. A facility that chooses to measure concentration
levels must file a copy of its sampling and analysis plan
with the Agency. A facility must file a copy of a revised
sampling and analysis plan only if the initial plan is
rendered inaccurate by changes in the facility’s operations.
The sampling and analysis plan must include the
monitoring point location (headworks), the sampling
frequency and methodology, and a list of constituents to be
monitored. A facility is eligible for the direct monitoring
option once it receives confirmation that the sampling and
analysis plan has been received by the Agency. The
Agency must reject the sampling and analysis plan if it
determines that the sampling and analysis plan fails to
include the information required by this subsection
(a)(2)(D)(vi) or that the plan parameters would not enable
the facility to calculate the weekly average concentration of
these chemicals accurately. If the Agency rejects the
sampling and analysis plan, or if the Agency determines
that the facility is not following the sampling and analysis
plan, the Agency must notify the facility to cease the use of
the direct monitoring option until such time as the bases for
rejection are corrected; or
vii)
It is wastewater derived from the treatment of one or more
of the following wastes listed in Section 721.132: organic
waste (including heavy ends, still bottoms, light ends, spent
solvents, filtrates, and decantates) from the production of
carbamates and carbamoyl oximes (USEPA Hazardous
Waste No. K156), provided that the maximum
concentration of formaldehyde, methyl chloride, methylene
chloride, and triethylamine prior to any dilutions into the
headworks of the facility’s wastewater treatment system
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does not exceed a total of 5 milligrams per liter, or the total
measured concentration of these chemicals entering the
headworks of the facility’s wastewater treatment system (at
a facility that is subject to regulation under the federal
Clean Air Act new source performance standards or
national emission standards for hazardous air pollutants of
40 CFR 60, 61, or 63 or at a facility that is subject to an
enforceable limit in a federal operating permit that
minimizes fugitive emissions) does not exceed 5
milligrams per liter on an average weekly basis. A facility
that chooses to measure concentration levels must file a
copy of its sampling and analysis plan with the Agency. A
facility must file a copy of a revised sampling and analysis
plan only if the initial plan is rendered inaccurate by
changes in the facility’s operations. The sampling and
analysis plan must include the monitoring point location
(headworks), the sampling frequency and methodology,
and a list of constituents to be monitored. A facility is
eligible for the direct monitoring option once it receives
confirmation that the sampling and analysis plan has been
received by the Agency. The Agency must reject the
sampling and analysis plan if it determines that the
sampling and analysis plan fails to include the information
required by this subsection (a)(2)(D)(vii) or that the plan
parameters would not enable the facility to calculate the
weekly average concentration of these chemicals
accurately. If the Agency rejects the sampling and analysis
plan, or if the Agency determines that the facility is not
following the sampling and analysis plan, the Agency must
notify the facility to cease the use of the direct monitoring
option until such time as the bases for rejection are
corrected.
E)
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 Subpart D of this Part. Persons may rebut this presumption by
demonstrating that the used oil does not contain hazardous waste
(for example, to show that the used oil does not contain significant
concentrations of halogenated hazardous constituents listed in
Appendix H of this Part).
i)
The rebuttable presumption does not apply to a
metalworking oil or fluid containing chlorinated paraffins if
it is processed through a tolling arrangement, as described
in 35 Ill. Adm. Code 739.124(c), to reclaim metalworking
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oils or fluids. The presumption does apply to a
metalworking oil or fluid if such an oil or fluid is recycled
in any other manner, or disposed of.
ii)
The rebuttable presumption does not apply to a used oil
contaminated with chlorofluorocarbons (CFCs) removed
from refrigeration units where the CFCs are destined for
reclamation. The rebuttable presumption does apply to a
used oil contaminated with CFCs that have been mixed
with used oil from a source other than a refrigeration unit.
b)
A solid waste that is not excluded from regulation pursuant to subsection (a)(1) of
this Section becomes a hazardous waste when any of the following events occur:
1)
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.
2)
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.
3)
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.
c)
Unless and until it meets the criteria of subsection (d) of this Section, a hazardous
waste will remain a hazardous waste.
BOARD NOTE: This subsection (c) corresponds with 40 CFR 261.3(c)(1). The
Board has codified 40 CFR 261.3(c)(2) at subsection (e) of this Section.
d)
Any solid waste described in subsection (e) of this Section is not a hazardous
waste if it meets the following criteria:
1)
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
that exhibit a characteristic at the point of generation may still be subject
to 35 Ill. Adm. Code 728, even if they no longer exhibit a characteristic at
the point of land disposal.)
2)
In the case of a waste that is a listed waste pursuant to Subpart D of this
Part, a waste that contains a waste listed pursuant to Subpart D of this
Part, or a waste that is derived from a waste listed in Subpart D of this
Part, it also has been excluded from subsection (e) of this Section pursuant
to 35 Ill. Adm. Code 720.120 and 720.122.
e)
Specific inclusions and exclusions.
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1)
Except as otherwise provided in subsection (e)(2), (g), or (h) of this
Section, 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.)
2)
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:
A)
Waste pickle liquor sludge generated by lime stabilization of spent
pickle liquor from the iron and steel industry (SIC Codes 331 and
332).
B)
Wastes from burning any of the materials exempted from
regulation by Section 721.106(a)(3)(C) and (a)(3)(D).
C)
Nonwastewater residues, such as slag, resulting from high
temperature metal recovery (HTMR) processing of K061, K062, or
F006 waste in the units identified in this subsection (e)(2) 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 (e)(2)(C) for all constituents and the residues
exhibit no characteristics of hazardous waste. The types of units
identified 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 foundry furnaces); and other furnaces designated by
the Agency pursuant to that definition.
i)
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.
ii)
Persons claiming this exclusion in an enforcement action
will have the burden of proving by clear and convincing
103
evidence that the material meets all of the exclusion
requirements. The generic exclusion levels are the
following:
Generic exclusion levels for K061 and K062
nonwastewater HTMR residues:
Constituent
Maximum for any single
composite sample (mg/ℓ)
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:
Constituent
Maximum for any single
composite sample (mg/ℓ)
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
Mercury
0.009
Nickel
1.0
Selenium
0.16
Silver
0.30
Thallium
0.020
Zinc
70
iii)
A one-time notification and certification must be placed in
the facility’s files and sent to the Agency (or, for out-of-
104
State shipments, to the appropriate Regional Administrator
of USEPA or the state agency authorized to implement
federal 40 CFR 268 requirements) for K061, K062, or F006
HTMR residues that meet the generic exclusion levels for
all constituents, which do not exhibit any characteristics,
and which are sent to RCRA Subtitle D (municipal solid
waste landfill) units. The notification and certification that
is placed in the generator’s or treater’s 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 non-hazardous
waste management unit receiving the waste shipment; the
USEPA hazardous waste number and treatability group at
the initial point of generation; and 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.”
D)
Biological treatment sludge from the treatment of one of the
following wastes listed in Section 721.132: organic waste
(including heavy ends, still bottoms, light ends, spent solvents,
filtrates, and decantates) from the production of carbamates and
carbamoyl oximes (USEPA Hazardous Waste No. K156) and
wastewaters from the production of carbamates and carbamoyl
oximes (USEPA Hazardous Waste No. K157).
E)
Catalyst inert support media separated from one of the following
wastes listed in Section 721.132: spent hydrotreating catalyst
(USEPA hazardous waste number K171) and spent hydrorefining
catalyst (USEPA hazardous waste number K172).
BOARD NOTE: This subsection (e) would normally correspond with 40 CFR
261.3(e), a subsection that has been deleted and marked “reserved” by USEPA.
105
Rather, this subsection (e) corresponds with 40 CFR 261.3(c)(2), which the Board
codified here to comport with codification requirements and to enhance clarity.
f)
Notwithstanding subsections (a) through (e) of this Section and provided the
debris, as defined in 35 Ill. Adm. Code 728.102, does not exhibit a characteristic
identified at Subpart C of this Part, the following materials are not subject to
regulation under 35 Ill. Adm. Code 702, 703, 720, 721 to 726, or 728:
1)
Hazardous debris as defined in 35 Ill. Adm. Code 728.102 that has been
treated using one of the required extraction or destruction technologies
specified in Table F to 35 Ill. Adm. Code 728; 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
2)
Debris, as defined in 35 Ill. Adm. Code 728.102, that the Agency,
considering the extent of contamination, has determined is no longer
contaminated with hazardous waste.
g)
Exclusion of certain wastes listed in Subpart D of this Part solely because they
exhibit a characteristic of ignitability, corrosivity, or reactivity.
1)
A hazardous waste that is listed in Subpart D of this Part solely because it
exhibits one or more characteristics of ignitability, as defined under
Section 721.121; corrosivity, as defined under Section 721.122; or
reactivity, as defined under Section 721.123 is not a hazardous waste if the
waste no longer exhibits any characteristic of hazardous waste identified
in Subpart C of this Part.
2)
The exclusion described in subsection (g)(1) of this Section also pertains
to the following:
A)
Any mixture of a solid waste and a hazardous waste listed in
Subpart D of this Part solely because it exhibits the characteristics
of ignitability, corrosivity, or reactivity, as regulated under
subsection (a)(2)(D) of this Section; and
B)
Any solid waste generated from treating, storing, or disposing of a
hazardous waste listed in Subpart D of this Part solely because it
exhibits the characteristics of ignitability, corrosivity, or reactivity,
as regulated under subsection (e)(1) of this Section.
3)
Wastes excluded pursuant to this subsection (g) are subject to 35 Ill. Adm.
Code 728 (as applicable), even if they no longer exhibit a characteristic at
the point of land disposal.
106
h)
Eligible radioactive mixed waste.
1)
Hazardous waste containing radioactive waste is no longer a hazardous
waste when it meets the eligibility criteria and conditions of Subpart N of
35 Ill. Adm. Code 726 (i.e., it is “eligible radioactive mixed waste”).
2)
The exemption described in subsection (h)(1) of this Section also pertains
to the following:
A)
Any mixture of a solid waste and an eligible radioactive mixed
waste; and
B)
Any solid waste generated from treating, storing, or disposing of
an eligible radioactive mixed waste.
3)
Waste exempted pursuant to this subsection (h) must meet the eligibility
criteria and specified conditions in 35 Ill. Adm. Code 726.325 and
726.330 (for storage and treatment) and in 35 Ill. Adm. Code 726.410 and
726.415 (for transportation and disposal). Waste that fails to satisfy these
eligibility criteria and conditions is regulated as hazardous waste.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 721.104
Exclusions
a)
Materials that are not solid wastes. The following materials are not solid wastes
for the purpose of this Part:
1)
Sewage.
A)
Domestic sewage (untreated sanitary wastes that pass through a
sewer system); and
B)
Any mixture of domestic sewage and other waste that passes
through a sewer system to publicly-owned treatment works for
treatment.
2)
Industrial wastewater discharges that are point source discharges with
National Pollutant Discharge Elimination System (NPDES) permits issued
by the Agency pursuant to Section 12(f) of the Environmental Protection
Act [415 ILCS 5/12(f)] 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.
107
3)
Irrigation return flows.
4)
Source, by-product, or special nuclear material, as defined by section 11
of the Atomic Energy Act of 1954, as amended (42 USC 2014),
incorporated by reference in 35 Ill. Adm. Code 720.111(b).
5)
Materials subjected to in-situ mining techniques that are not removed from
the ground as part of the extraction process.
6)
Pulping liquors (i.e., black liquors) that are reclaimed in a pulping liquor
recovery furnace and then reused in the pulping process, unless it is
accumulated speculatively, as defined in Section 721.101(c).
7)
Spent sulfuric acid used to produce virgin sulfuric acid, unless it is
accumulated speculatively, as defined in Section 721.101(c).
8)
Secondary materials that are reclaimed and returned to the original process
or processes in which they were generated, where they are reused in the
production process, provided that the following is true:
A)
Only tank storage is involved, and the entire process through
completion of reclamation is closed by being entirely connected
with pipes or other comparable enclosed means of conveyance;
B)
Reclamation does not involve controlled flame combustion (such
as occurs in boilers, industrial furnaces, or incinerators);
C)
The secondary materials are never accumulated in such tanks for
over 12 months without being reclaimed; and
D)
The reclaimed material is not used to produce a fuel or used to
produce products that are used in a manner constituting disposal.
9)
Wood preserving wastes.
A)
Spent wood preserving solutions that have been used and which
are reclaimed and reused for their original intended purpose;
B)
Wastewaters from the wood preserving process that have been
reclaimed and which are reused to treat wood; and
C)
Prior to reuse, the wood preserving wastewaters and spent wood
preserving solutions described in subsections (a)(9)(A) and
(a)(9)(B) of this Section, so long as they meet all of the following
conditions:
108
i)
The wood preserving wastewaters and spent wood
preserving solutions are reused on-site at water-borne
plants in the production process for their original intended
purpose;
ii)
Prior to reuse, the wastewaters and spent wood preserving
solutions are managed to prevent release to either land or
groundwater or both;
iii)
Any unit used to manage wastewaters or spent wood
preserving solutions prior to reuse can be visually or
otherwise determined to prevent such releases;
iv)
Any drip pad used to manage the wastewaters or spent
wood preserving solutions prior to reuse complies with the
standards in Subpart W of 35 Ill. Adm. Code 725,
regardless of whether the plant generates a total of less than
100 kg/month of hazardous waste; and
v)
Prior to operating pursuant to this exclusion, the plant
owner or operator submits prepares a one-time notification
to the Agency stating that the plant intends to claim the
exclusion, giving the date on which the plant intends to
begin operating under the exclusion, and containing the
following language: “I have read the applicable regulation
establishing an exclusion for wood preserving wastewaters
and spent wood preserving solutions and understand it
requires me to comply at all times with the conditions set
out in the regulation.” The plant must maintain a copy of
that document in its on-site records for a period of no less
than three years from the date specified in the notice until
closure of the facility. The exclusion applies only so long
as the plant meets all of the conditions. If the plant goes
out of compliance with any condition, it may apply to the
Agency for reinstatement. The Agency must reinstate the
exclusion in writing if it finds that the plant has returned to
compliance with all conditions and that the
violations are
not likely to recur. If the Agency denies an application, it
must transmit to the applicant specific, detailed statements
in writing as to the reasons it denied the application. The
applicant under this subsection (a)(9)(C)(v) may appeal the
Agency’s determination to deny the reinstatement, to grant
the reinstatement with conditions, or to terminate a
reinstatement before the Board pursuant to Section 40 of
the Act [415 ILCS 5/40].
109
10)
Hazardous waste numbers K060, K087, K141, K142, K143, K144, K145,
K147, and K148, and any wastes from the coke by-products processes that
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 waste from the point it is generated to the point it is
recycled to coke ovens, to tar recovery, to the tar refining processes, or
prior to when it is mixed with coal.
11)
Nonwastewater splash condenser dross residue from the treatment of
hazardous waste number K061 in high temperature metals recovery units,
provided it is shipped in drums (if shipped) and not land disposed before
recovery.
12)
Certain oil-bearing hazardous secondary materials and recovered oil, as
follows:
A)
Oil-bearing hazardous secondary materials (i.e., sludges, by-
products, or spent materials) that are generated at a petroleum
refinery (standard industrial classification (SIC) code 2911) and
are inserted into the petroleum refining process (SIC code 2911:
including, but not limited to, distillation, catalytic cracking,
fractionation, or thermal cracking units (i.e., cokers)), unless the
material is placed on the land, or speculatively accumulated before
being so recycled. Materials inserted into thermal cracking units
are excluded under this subsection (a)(12), provided that the coke
product also does not exhibit a characteristic of hazardous waste.
Oil-bearing hazardous secondary materials may be inserted into
the same petroleum refinery where they are generated or sent
directly to another petroleum refinery and still be excluded under
this provision. Except as provided in subsection (a)(12)(B) of this
Section, oil-bearing hazardous secondary materials generated
elsewhere in the petroleum industry (i.e., from sources other than
petroleum refineries) are not excluded under this Section.
Residuals generated from processing or recycling materials
excluded under this subsection (a)(12)(A), where such materials as
generated would have otherwise met a listing under Subpart D of
this Part, are designated as USEPA hazardous waste number F037
listed wastes when disposed of or intended for disposal.
B)
Recovered oil that is recycled in the same manner and with the
same conditions as described in subsection (a)(12)(A) of this
Section. Recovered oil is oil that has been reclaimed from
110
secondary materials (including wastewater) generated from normal
petroleum industry practices, including refining, exploration and
production, bulk storage, and transportation incident thereto (SIC
codes 1311, 1321, 1381, 1382, 1389, 2911, 4612, 4613, 4922,
4923, 4789, 5171, and 5172). Recovered oil does not include oil-
bearing hazardous wastes listed in Subpart D of this Part; however,
oil recovered from such wastes may be considered recovered oil.
Recovered oil does not include used oil, as defined in 35 Ill. Adm.
Code 739.100.
13)
Excluded scrap metal (processed scrap metal, unprocessed home scrap
metal, and unprocessed prompt scrap metal) being recycled.
14)
Shredded circuit boards being recycled, provided that they meet the
following conditions:
A)
The circuit boards are stored in containers sufficient to prevent a
release to the environment prior to recovery; and
B)
The circuit boards are free of mercury switches, mercury relays,
nickel-cadmium batteries, and lithium batteries.
15)
Condensates derived from the overhead gases from kraft mill steam
strippers that are used to comply with federal Clean Air Act regulation 40
CFR 63.446(e). The exemption applies only to combustion at the mill
generating the condensates.
16)
Comparable fuels or comparable syngas fuels (i.e., comparable or syngas
fuels) that meet the requirements of Section 721.138.
17)
Spent materials (as defined in Section 721.101) (other than hazardous
wastes listed in Subpart D of this Part) generated within the primary
mineral processing industry from which minerals, acids, cyanide, water, or
other values are recovered by mineral processing or by benefication,
provided that the following is true:
A)
The spent material is legitimately recycled to recover minerals,
acids, cyanide, water, or other values;
B)
The spent material is not accumulated speculatively;
C)
Except as provided in subsection (a)(17)(D) of this Section, the
spent material is stored in tanks, containers, or buildings that meet
the following minimum integrity standards: a building must be an
engineered structure with a floor, walls, and a roof all of which are
made of non-earthen materials providing structural support (except
111
that smelter buildings may have partially earthen floors, provided
that the spent material is stored on the non-earthen portion), and
have a roof suitable for diverting rainwater away from the
foundation; a tank must be free standing, not be a surface
impoundment (as defined in 35 Ill. Adm. Code 720.110), and be
manufactured of a material suitable for containment of its contents;
a container must be free standing and be manufactured of a
material suitable for containment of its contents. If a tank or
container contains any particulate that may be subject to wind
dispersal, the owner or operator must operate the unit in a manner
that controls fugitive dust. A tank, container, or building must be
designed, constructed, and operated to prevent significant releases
to the environment of these materials.
D)
The Agency must allow by permit that solid mineral processing
spent materials only may be placed on pads, rather than in tanks,
containers, or buildings if the facility owner or operator can
demonstrate the following: the solid mineral processing secondary
materials do not contain any free liquid; the pads are designed,
constructed, and operated to prevent significant releases of the
spent material into the environment; and the pads provide the same
degree of containment afforded by the non-RCRA tanks,
containers, and buildings eligible for exclusion.
i)
The Agency must also consider whether storage on pads
poses the potential for significant releases via groundwater,
surface water, and air exposure pathways. Factors to be
considered for assessing the groundwater, surface water,
and air exposure pathways must include the following: the
volume and physical and chemical properties of the spent
material, including its potential for migration off the pad;
the potential for human or environmental exposure to
hazardous constituents migrating from the pad via each
exposure pathway; and the possibility and extent of harm to
human and environmental receptors via each exposure
pathway.
ii)
Pads must meet the following minimum standards: they
must be designed of non-earthen material that is compatible
with the chemical nature of the mineral processing spent
material; they must be capable of withstanding physical
stresses associated with placement and removal; they must
have runon and runoff controls; they must be operated in a
manner that controls fugitive dust; and they must have
integrity assurance through inspections and maintenance
programs.
112
iii)
Before making a determination under this subsection
(a)(17)(D), the Agency must provide notice and the
opportunity for comment to all persons potentially
interested in the determination. This can be accomplished
by placing notice of this action in major local newspapers,
or broadcasting notice over local radio stations.
BOARD NOTE: See Subpart D of 35 Ill. Adm. Code 703
for the RCRA Subtitle C permit public notice requirements.
E)
The owner or operator provides a notice to the Agency, providing
the following information: the types of materials to be recycled,
the type and location of the storage units and recycling processes,
and the annual quantities expected to be placed in non-land-based
units. This notification must be updated when there is a change in
the type of materials recycled or the location of the recycling
process.
F)
For purposes of subsection (b)(7) of this Section, mineral
processing spent materials must be the result of mineral processing
and may not include any listed hazardous wastes. Listed
hazardous wastes and characteristic hazardous wastes generated by
non-mineral processing industries are not eligible for the
conditional exclusion from the definition of solid waste.
18)
Petrochemical recovered oil from an associated organic chemical
manufacturing facility, where the oil is to be inserted into the petroleum
refining process (SIC code 2911) along with normal petroleum refinery
process streams, provided that both of the following conditions are true of
the oil:
A)
The oil is hazardous only because it exhibits the characteristic of
ignitability (as defined in Section 721.121) or toxicity for benzene
(Section 721.124, USEPA hazardous waste code D018);
B)
The oil generated by the organic chemical manufacturing facility is
not placed on the land, or speculatively accumulated before being
recycled into the petroleum refining process. An “associated
organic chemical manufacturing facility” is a facility for which all
of the following is true: its primary SIC code is 2869, but its
operations may also include SIC codes 2821, 2822, and 2865; it is
physically co-located with a petroleum refinery; and the petroleum
refinery to which the oil being recycled is returned also provides
hydrocarbon feedstocks to the organic chemical manufacturing
facility. “Petrochemical recovered oil” is oil that has been
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reclaimed from secondary materials (i.e., sludges, by-products, or
spent materials, including wastewater) from normal organic
chemical manufacturing operations, as well as oil recovered from
organic chemical manufacturing processes.
19)
Spent caustic solutions from petroleum refining liquid treating processes
used as a feedstock to produce cresylic or naphthenic acid, unless the
material is placed on the land or accumulated speculatively, as defined in
Section 721.101(c).
20)
Hazardous secondary materials used to make zinc fertilizers, provided that
the following conditions are satisfied:
A)
Hazardous secondary materials used to make zinc micronutrient
fertilizers must not be accumulated speculatively, as defined in
Section 721.101(c)(8).
B)
A generator or intermediate handler of zinc-bearing hazardous
secondary materials that are to be incorporated into zinc fertilizers
must fulfill the following conditions:
i)
It must submit a one-time notice to the Agency that
contains the name, address, and USEPA identification
number of the generator or intermediate handler facility,
that provides a brief description of the secondary material
that will be subject to the exclusion, and which identifies
when the manufacturer intends to begin managing excluded
zinc-bearing hazardous secondary materials under the
conditions specified in this subsection (a)(20).
ii)
It must store the excluded secondary material in tanks,
containers, or buildings that are constructed and maintained
in a way that prevents releases of the secondary materials
into the environment. At a minimum, any building used for
this purpose must be an engineered structure made of non-
earthen materials that provide structural support, and it
must have a floor, walls, and a roof that prevent wind
dispersal and contact with rainwater. A tank used for this
purpose must be structurally sound and, if outdoors, it must
have a roof or cover that prevents contact with wind and
rain. A container used for this purpose must be kept
closed, except when it is necessary to add or remove
material, and it must be in sound condition. Containers that
are stored outdoors must be managed within storage areas
that fulfill the conditions of subsection (a)(20)(F) of this
Section:
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iii)
With each off-site shipment of excluded hazardous
secondary materials, it must provide written notice to the
receiving facility that the material is subject to the
conditions of this subsection (a)(20).
iv)
It must maintain records at the generator’s or intermediate
handler’s facility for no less than three years of all
shipments of excluded hazardous secondary materials. For
each shipment these records must, at a minimum, contain
the information specified in subsection (a)(20)(G) of this
Section.
C)
A manufacturer of zinc fertilizers or zinc fertilizer ingredients
made from excluded hazardous secondary materials must fulfill the
following conditions:
i)
It must store excluded hazardous secondary materials in
accordance with the storage requirements for generators
and intermediate handlers, as specified in subsection
(a)(20)(B)(ii) of this Section.
ii)
It must submit a one-time notification to the Agency that, at
a minimum, specifies the name, address, and USEPA
identification number of the manufacturing facility and
which identifies when the manufacturer intends to begin
managing excluded zinc-bearing hazardous secondary
materials under the conditions specified in this subsection
(a)(20).
iii)
It must maintain for a minimum of three years records of
all shipments of excluded hazardous secondary materials
received by the manufacturer, which must at a minimum
identify for each shipment the name and address of the
generating facility, the name of transporter, and the date on
which the materials were received, the quantity received,
and a brief description of the industrial process that
generated the material.
iv)
It must submit an annual report to the Agency that
identifies the total quantities of all excluded hazardous
secondary materials that were used to manufacture zinc
fertilizers or zinc fertilizer ingredients in the previous year,
the name and address of each generating facility, and the
industrial processes from which the hazardous secondary
materials were generated.
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D)
Nothing in this Section preempts, overrides, or otherwise negates
the provision in 35 Ill. Adm. Code 722.111 that requires any
person who generates a solid waste to determine if that waste is a
hazardous waste.
E)
Interim status and permitted storage units that have been used to
store only zinc-bearing hazardous wastes prior to the submission
of the one-time notice described in subsection (a)(20)(B)(i) of this
Section, and that afterward will be used only to store hazardous
secondary materials excluded under this subsection (a)(20), are not
subject to the closure requirements of 35 Ill. Adm. Code 724 and
725.
F)
A container used to store excluded secondary material must fulfill
the following conditions:
i)
It must have containment structures or systems sufficiently
impervious to contain leaks, spills, and accumulated
precipitation;
ii)
It must provide for effective drainage and removal of leaks,
spills, and accumulated precipitation; and
iii)
It must prevent run-on into the containment system.
BOARD NOTE: Subsections (a)(20)(F)(i) through (a)(20)(F)(iii)
are derived from 40 CFR 261.4(a)(20)(ii)(B)(
1
) through
(a)(20)(ii)(B)(
3
). The Board added the preamble to these federal
paragraphs as subsection (a)(20)(F) to comport with Illinois
Administrative Code codification requirements.
G)
Required records of shipments of excluded hazardous secondary
materials must, at a minimum, contain the following information:
i)
The name of the transporter and date of the shipment;
ii)
The name and address of the facility that received the
excluded material, along with documentation confirming
receipt of the shipment; and
iii)
The type and quantity of excluded secondary material in
each shipment.
BOARD NOTE: Subsections (a)(20)(G)(i) through (a)(20)(G)(iii)
are derived from 40 CFR 261.4(a)(20)(ii)(D)(
1
) through
116
(a)(20)(ii)(D)(
3
). The Board added the preamble to these federal
paragraphs as subsection (a)(20)(G) to comport with Illinois
Administrative Code codification requirements.
21)
Zinc fertilizers made from hazardous wastes or hazardous secondary
materials that are excluded under subsection (a)(20) of this Section,
provided that the following conditions are fulfilled:
A)
The fertilizers meet the following contaminant limits:
i)
For metal contaminants:
Constituent
Maximum Allowable Total Concentration
in Fertilizer, per Unit (1%) of Zinc (ppm)
Arsenic
0.3
Cadmium
1.4
Chromium
0.6
Lead
2.8
Mercury
0.3
ii)
For dioxin contaminants, the fertilizer must contain no
more than eight parts per trillion of dioxin, measured as
toxic equivalent (TEQ).
B)
The manufacturer performs sampling and analysis of the fertilizer
product to determine compliance with the contaminant limits for
metals no less frequently than once every six months, and for
dioxins no less frequently than once every 12 months. Testing
must also be performed whenever changes occur to manufacturing
processes or ingredients that could significantly affect the amounts
of contaminants in the fertilizer product. The manufacturer may
use any reliable analytical method to demonstrate that no
constituent of concern is present in the product at concentrations
above the applicable limits. It is the responsibility of the
manufacturer to ensure that the sampling and analysis are
unbiased, precise, and representative of the products introduced
into commerce.
C)
The manufacturer maintains for no less than three years records of
all sampling and analyses performed for purposes of determining
compliance with subsection (a)(21)(B) of this Section. Such
records must at a minimum include the following:
i)
The dates and times product samples were taken, and the
dates the samples were analyzed;
117
ii)
The names and qualifications of the persons taking the
samples;
iii)
A description of the methods and equipment used to take
the samples;
iv)
The name and address of the laboratory facility at which
analyses of the samples were performed;
v)
A description of the analytical methods used, including any
cleanup and sample preparation methods; and
vi)
All laboratory analytical results used to determine
compliance with the contaminant limits specified in this
subsection (a)(21).
22)
Used CRTs.
A)
Used, intact CRTs, as defined in 35 Ill. Adm. Code 720.110, are
not solid waste within the United States, unless they are disposed
of or speculatively accumulated, as defined in Section
721.101(c)(8), by a CRT collector or glass processor.
B)
Used, intact CRTs, as defined in 35 Ill. Adm. Code 720.110, are
not solid waste when exported for recycling, provided that they
meet the requirements of Section 721.140.
C)
Used, broken CRTs, as defined in 35 Ill. Adm. Code 720.110, are
not solid waste, provided that they meet the requirements of
Section 721.139.
D)
Glass removed from CRTs is not a solid waste provided that it
meets the requirements of Section 721.139(c).
b)
Solid wastes that are not hazardous wastes. The following solid wastes are not
hazardous wastes:
1)
Household waste, including household waste that has been collected,
transported, stored, treated, disposed of, 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 must not be deemed to be treating, storing,
disposing of, or otherwise managing hazardous wastes for the purposes of
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regulation under this Part, if the following describe the facility:
A)
The facility receives and burns only the following waste:
i)
Household waste (from single and multiple dwellings,
hotels, motels, and other residential sources); or
ii)
Solid waste from commercial or industrial sources that
does not contain hazardous waste; and
B)
The 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.
BOARD NOTE: The U.S. Supreme Court determined, in City of Chicago
v. Environmental Defense Fund, Inc., 511 U.S. 328, 114 S. Ct. 1588, 128
L. Ed. 2d 302 (1994), that this exclusion and RCRA section 3001(i) (42
USC 6921(i)) do not exclude the ash from facilities covered by this
subsection (b)(1) from regulation as a hazardous waste. At 59 Fed. Reg.
29372 (June 7, 1994), USEPA granted facilities managing ash from such
facilities that is determined a hazardous waste under Subpart C of this Part
until December 7, 1994 to file a Part A permit application pursuant to 35
Ill. Adm. Code 703.181. At 60 Fed. Reg. 6666 (Feb. 3, 1995), USEPA
stated that it interpreted that the point at which ash becomes subject to
RCRA Subtitle C regulation is when that material leaves the combustion
building (including connected air pollution control equipment).
2)
Solid wastes generated by any of the following that are returned to the soil
as fertilizers:
A)
The growing and harvesting of agricultural crops, or
B)
The raising of animals, including animal manures.
3)
Mining overburden returned to the mine site.
4)
Fly ash waste, bottom ash waste, slag waste, and flue gas emission control
waste generated primarily from the combustion of coal or other fossil
fuels, except as provided in 35 Ill. Adm. Code 726.212 for facilities that
burn or process hazardous waste.
5)
Drilling fluids, produced waters, and other wastes associated with the
exploration, development, or production of crude oil, natural gas, or
geothermal energy.
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6)
Chromium wastes.
A)
Wastes that fail the test for the toxicity characteristic (Section
721.124 and Appendix B to this Part) because chromium is present
or which are listed in Subpart D of this Part due to the presence of
chromium, that do not fail the test for the toxicity characteristic for
any other constituent or which are not listed due to the presence of
any other constituent, and that do not fail the test for any other
characteristic, if the waste generator shows the following:
i)
The chromium in the waste is exclusively (or nearly
exclusively) trivalent chromium;
ii)
The waste is generated from an industrial process that uses
trivalent chromium exclusively (or nearly exclusively) and
the process does not generate hexavalent chromium; and
iii)
The waste is typically and frequently managed in non-
oxidizing environments.
B)
The following are specific wastes that meet the standard in
subsection (b)(6)(A) of this Section (so long as they do not fail the
test for the toxicity characteristic for any other constituent and do
not exhibit any other characteristic):
i)
Chrome (blue) trimmings generated by the following
subcategories of the leather tanning and finishing industry:
hair pulp/chrome tan/retan/wet finish, hair save/chrome
tan/retan/wet finish, retan/wet finish, no beamhouse,
through-the-blue, and shearling;
ii)
Chrome (blue) shavings generated by the following
subcategories of the leather tanning and finishing industry:
hair pulp/chrome tan/retan/wet finish, hair save/chrome
tan/retan/wet finish, retan/wet finish, no beamhouse,
through-the-blue, and shearling;
iii)
Buffing dust generated by the following subcategories of
the leather tanning and finishing industry: hair
pulp/chrome tan/retan/wet finish, hair save/chrome
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
120
tan/retan/wet finish, retan/wet finish, no beamhouse,
through-the-blue, and shearling;
v)
Wastewater treatment sludges generated by the following
subcategories of the leather tanning and finishing industry:
hair pulp/chrome tan/retan/wet finish, hair save/chrome
tan/retan/wet finish, retan/wet finish, no beamhouse,
through-the-blue, and shearling;
vi)
Wastewater treatment sludges generated by the following
subcategories of the leather tanning and finishing industry:
hair pulp/chrome tan/retan/wet finish, hair save/chrome
tan/retan/wet finish, and through-the-blue;
vii)
Waste scrap leather from the leather tanning industry, the
shoe manufacturing industry, and other leather product
manufacturing industries; and
viii)
Wastewater treatment sludges from the production of
titanium dioxide pigment using chromium-bearing ores by
the chloride process.
7)
Solid waste from the extraction, beneficiation, and processing of ores and
minerals (including coal, 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.
A)
For purposes of this subsection (b)(7), 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) and 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.
B)
For the purposes of this subsection (b)(7), solid waste from the
processing of ores and minerals includes only the following wastes
as generated:
i)
Slag from primary copper processing;
121
ii)
Slag from primary lead processing;
iii)
Red and brown muds from bauxite refining;
iv)
Phosphogypsum from phosphoric acid production;
v)
Slag from elemental phosphorus production;
vi)
Gasifier ash from coal gasification;
vii)
Process wastewater from coal gasification;
viii)
Calcium sulfate wastewater treatment plant sludge from
primary copper processing;
ix)
Slag tailings from primary copper processing;
x)
Fluorogypsum from hydrofluoric acid production;
xi)
Process wastewater from hydrofluoric acid production;
xii)
Air pollution control dust or sludge from iron blast
furnaces;
xiii)
Iron blast furnace slag;
xiv)
Treated residue from roasting and leaching of chrome ore;
xv)
Process wastewater from primary magnesium processing
by the anhydrous process;
xvi)
Process wastewater from phosphoric acid production;
xvii) Basic oxygen furnace and open hearth furnace air pollution
control dust or sludge from carbon steel production;
xviii) Basic oxygen furnace and open hearth furnace slag from
carbon steel production;
xix)
Chloride processing waste solids from titanium
tetrachloride production; and
xx)
Slag from primary zinc production.
C)
A residue derived from co-processing mineral processing
secondary materials with normal beneficiation raw materials or
122
with normal mineral processing raw materials remains excluded
under this subsection (b) if the following conditions are fulfilled:
i)
The owner or operator processes at least 50 percent by
weight normal beneficiation raw materials or normal
mineral processing raw materials; and
ii)
The owner or operator legitimately reclaims the secondary
mineral processing materials.
8)
Cement kiln dust waste, except as provided by 35 Ill. Adm. Code 726.212
for facilities that burn or process hazardous waste.
9)
Solid waste that consists of discarded arsenical-treated wood or wood
products that 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 that 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 which are subject to corrective action regulations under
35 Ill. Adm. Code 731.
11)
This subsection (b)(11) corresponds with 40 CFR 261.4(b)(11), which
expired by its own terms on January 25, 1993. This statement maintains
structural parity with USEPA regulations.
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, that use chlorofluorocarbons as the heat transfer
fluid in a refrigeration cycle, provided the refrigerant is reclaimed for
further use.
13)
Non-terne plated used oil filters that 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:
A)
Puncturing the filter anti-drain back valve or the filter dome end
and hot-draining;
B)
Hot-draining and crushing;
C)
Dismantling and hot-draining; or
123
D)
Any other equivalent hot-draining method that will remove used
oil.
14)
Used oil re-refining distillation bottoms that are used as feedstock to
manufacture asphalt products.
15)
Leachate or gas condensate collected from landfills where certain solid
wastes have been disposed of, under the following circumstances:
A)
The following conditions must be fulfilled:
i)
The solid wastes disposed of would meet one or more of
the listing descriptions for the following USEPA hazardous
waste numbers that are generated after the effective date
listed for the waste:
USEPA Hazardous Waste
Numbers
Listing Effective
Date
K169, K170, K171, and K172
February 8, 1999
K174 and K175
May 7, 2001
K176, K177, and K178
May 20, 2002
K181
August 23, 2005
ii)
The solid wastes described in subsection (b)(15)(A)(i) of
this Section were disposed of prior to the effective date of
the listing (as set forth in that subsection);
iii)
The leachate or gas condensate does not exhibit any
characteristic of hazardous waste nor is derived from any
other listed hazardous waste; and
iv)
Discharge of the leachate or gas condensate, including
leachate or gas condensate transferred from the landfill to a
POTW by truck, rail, or dedicated pipe, is subject to
regulation under section 307(b) or 402 of the federal Clean
Water Act.
B)
Leachate or gas condensate derived from K169, K170, K171,
K172, K176, K177, or K178 waste will no longer be exempt if it is
stored or managed in a surface impoundment prior to discharge.
After February 26, 2007, leachate or gas condensate derived from
124
K181 waste will no longer be exempt if it is stored or managed in a
surface impoundment prior to discharge. There is one exception:
if the surface impoundment is used to temporarily store leachate or
gas condensate in response to an emergency situation (e.g.,
shutdown of wastewater treatment system), provided the
impoundment has a double liner, and provided the leachate or gas
condensate is removed from the impoundment and continues to be
managed in compliance with the conditions of this subsection
(b)(15) after the emergency ends.
c)
Hazardous wastes that are exempted from certain regulations. A hazardous waste
that 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, and 722
through 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.
d)
Samples.
1)
Except as provided in subsection (d)(2) of this Section, a sample of solid
waste or a sample of water, soil, or air that 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, and
722 through 728. The sample qualifies when it fulfills one of the
following conditions:
A)
The sample is being transported to a laboratory for the purpose of
testing;
B)
The sample is being transported back to the sample collector after
testing;
C)
The sample is being stored by the sample collector before transport
to a laboratory for testing;
D)
The sample is being stored in a laboratory before testing;
E)
The sample is being stored in a laboratory for testing but before it
is returned to the sample collector; or
F)
The sample is being stored temporarily in the laboratory after
testing for a specific purpose (for example, until conclusion of a
125
court case or enforcement action where further testing of the
sample may be necessary).
2)
In order to qualify for the exemption in subsection (d)(1)(A) or (d)(1)(B)
of this Section, a sample collector shipping samples to a laboratory and a
laboratory returning samples to a sample collector must do the following:
A)
Comply with U.S. Department of Transportation (USDOT), U.S.
Postal Service (USPS), or any other applicable shipping
requirements; or
B)
Comply with the following requirements if the sample collector
determines that USDOT, USPS, or other shipping requirements do
not apply to the shipment of the sample:
i)
Assure that the following information accompanies the
sample: The sample collector’s name, mailing address, and
telephone number; the laboratory’s name, mailing address,
and telephone number; the quantity of the sample; the date
of the shipment; and a description of the sample; and
ii)
Package the sample so that it does not leak, spill, or
vaporize from its packaging.
3)
This exemption does not apply if the laboratory determines that the waste
is hazardous but the laboratory is no longer meeting any of the conditions
stated in subsection (d)(1) of this Section.
e)
Treatability study samples.
1)
Except as is provided in subsection (e)(2) of this Section, a person that
generates or collects 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:
A)
The sample is being collected and prepared for transportation by
the generator or sample collector;
B)
The sample is being accumulated or stored by the generator or
sample collector prior to transportation to a laboratory or testing
facility; or
C)
The sample is being transported to the laboratory or testing facility
126
for the purpose of conducting a treatability study.
2)
The exemption in subsection (e)(1) of this Section is applicable to samples
of hazardous waste being collected and shipped for the purpose of
conducting treatability studies provided that the following conditions are
fulfilled:
A)
The generator or sample collector uses (in “treatability studies”) no
more than 10,000 kg of media contaminated with non-acute
hazardous waste, 1,000 kg of non-acute hazardous waste other than
contaminated media, 1 kg of acute hazardous waste, or 2,500 kg of
media contaminated with acute hazardous waste for each process
being evaluated for each generated waste stream;
B)
The mass of each shipment does not exceed 10,000 kg; the 10,000
kg quantity may be all media contaminated with non-acute
hazardous waste, or may include 2,500 kg of media contaminated
with acute hazardous waste, 1,000 kg of hazardous waste, and 1 kg
of acute hazardous waste;
C)
The sample must be packaged so that it does not leak, spill, or
vaporize from its packaging during shipment and the requirements
of subsection (e)(2)(C)(i) or (e)(2)(C)(ii) of this Section are met.
i)
The transportation of each sample shipment complies with
U.S. Department of Transportation (USDOT), U.S. Postal
Service (USPS), or any other applicable shipping
requirements; or
ii)
If the USDOT, 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 USEPA hazardous waste
number;
D)
The sample is shipped to a laboratory or testing facility that is
exempt under subsection (f) of this Section, or has an appropriate
RCRA permit or interim status;
E)
The generator or sample collector maintains the following records
for a period ending three years after completion of the treatability
study:
127
i)
Copies of the shipping documents;
ii)
A copy of the contract with the facility conducting the
treatability study; and
iii)
Documentation showing the following: The amount of
waste shipped under this exemption; the name, address, and
USEPA 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; and
F)
The generator reports the information required in subsection
(e)(2)(E)(iii) of this Section in its report under 35 Ill. Adm. Code
722.141.
3)
The Agency may grant requests on a case-by-case basis for up to an
additional two years for treatability studies involving bioremediation. The
Agency may grant requests, on a case-by-case basis, for quantity limits in
excess of those specified in subsections (e)(2)(A), (e)(2)(B), and (f)(4) of
this Section, for up to an additional 5,000 kg of media contaminated with
non-acute hazardous waste, 500 kg of non-acute hazardous waste, 2,500
kg of media contaminated with acute hazardous waste, and 1 kg of acute
hazardous waste under the circumstances set forth in either subsection
(e)(3)(A) or (e)(3)(B) of this Section, subject to the limitations of
subsection (e)(3)(C) of this Section:
A)
In response to requests for authorization to ship, store, and conduct
further treatability studies on additional quantities in advance of
commencing treatability studies. Factors to be considered in
reviewing such requests include the nature of the technology, the
type of process (e.g., batch versus continuous), the size of the unit
undergoing testing (particularly in relation to scale-up
considerations), the time or quantity of material required to reach
steady-state operating conditions, or test design considerations,
such as mass balance calculations.
B)
In response to requests for authorization to ship, store, and conduct
treatability studies on additional quantities after initiation or
completion of initial treatability studies when the following
occurs: 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
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evaluation of an ongoing treatability study to determine final
specifications for treatment.
C)
The additional quantities allowed and timeframes allowed in
subsections (e)(3)(A) and (e)(3)(B) of this Section are subject to all
the provisions in subsections (e)(1) and (e)(2)(B) through (e)(2)(F)
of this Section. The generator or sample collector must apply to
the Agency and provide in writing the following information:
i)
The reason why the generator or sample collector requires
additional time or quantity of sample for the treatability
study evaluation and the additional time or quantity
needed;
ii)
Documentation accounting for all samples of hazardous
waste from the waste stream that have been sent for or
undergone treatability studies, including the date each
previous sample from the waste stream was shipped, the
quantity of each previous shipment, the laboratory or
testing facility to which it was shipped, what treatability
study processes were conducted on each sample shipped,
and the available results of each treatability study;
iii)
A description of the technical modifications or change in
specifications that will be evaluated and the expected
results;
iv)
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 improvements have
been made to protect against further breakdowns; and
v)
Such other information as the Agency determines is
necessary.
4)
Final Agency determinations pursuant to this subsection (e) may be
appealed to the Board.
f)
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, 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) of this Section
129
are met. A mobile treatment unit may qualify as a testing facility subject to
subsections (f)(1) through (f)(11) of this Section. Where a group of mobile
treatment units are located at the same site, the limitations specified in
subsections (f)(1) through (f)(11) of this Section apply to the entire group of
mobile treatment units collectively as if the group were one mobile treatment unit.
1)
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 (f).
2)
The laboratory or testing facility conducting the treatability study has a
USEPA identification number.
3)
No more than a total of 10,000 kg of “as received” media contaminated
with non-acute hazardous waste, 2,500 kg of media contaminated with
acute hazardous waste, or 250 kg of other “as received” hazardous waste
is subject to initiation of treatment in all treatability studies in any single
day. “As received” waste refers to the waste as received in the shipment
from the generator or sample collector.
4)
The quantity of “as received” hazardous waste stored at the facility for the
purpose of evaluation in treatability studies does not exceed 10,000 kg, the
total of which can include 10,000 kg of media contaminated with non-
acute hazardous waste, 2,500 kg of media contaminated with acute
hazardous waste, 1,000 kg of non-acute hazardous wastes other than
contaminated media, and 1 kg of acute hazardous waste. This quantity
limitation does not include treatment materials (including non-hazardous
solid waste) added to “as received” hazardous waste.
5)
No more than 90 days have elapsed since the treatability study for the
sample was completed, or no more than one year (two years for
treatability studies involving bioremediation) has elapsed since the
generator or sample collector shipped the sample to the laboratory or
testing facility, whichever date first occurs. Up to 500 kg of treated
material from a particular waste stream from treatability studies may be
archived for future evaluation up to five years from the date of initial
receipt. Quantities of materials archived are counted against the total
storage limit for the facility.
6)
The treatability study does not involve the placement of hazardous waste
on the land or open burning of hazardous waste.
7)
The facility maintains records for three 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:
130
A)
The name, address, and USEPA identification number of the
generator or sample collector of each waste sample;
B)
The date the shipment was received;
C)
The quantity of waste accepted;
D)
The quantity of “as received” waste in storage each day;
E)
The date the treatment study was initiated and the amount of “as
received” waste introduced to treatment each day;
F)
The date the treatability study was concluded;
G)
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 USEPA identification number.
8)
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 three years from the
completion date of each treatability study.
9)
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:
A)
The name, address, and USEPA identification number of the
facility conducting the treatability studies;
B)
The types (by process) of treatability studies conducted;
C)
The names and addresses of persons for whom studies have been
conducted (including their USEPA identification numbers);
D)
The total quantity of waste in storage each day;
E)
The quantity and types of waste subjected to treatability studies;
F)
When each treatability study was conducted; and
G)
The final disposition of residues and unused sample from each
treatability study.
131
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 exemption of subsection (e) of this Section.
11)
The facility notifies the Agency by letter when the facility is no longer
planning to conduct any treatability studies at the site.
g)
Dredged material that is not a hazardous waste. Dredged material that is subject to
the requirements of a permit that has been issued under section 404 of the Federal
Water Pollution Control Act (33 USC 1344) is not a hazardous waste. For the
purposes of this subsection (g), the following definitions apply:
“Dredged material” has the meaning ascribed it in 40 CFR 232.2
(Definitions), incorporated by reference in 35 Ill. Adm. Code 720.111(b).
“Permit” means any of the following:
A permit issued by the U.S. Army Corps of Engineers (Army Corps)
under section 404 of the Federal Water Pollution Control Act (33
USC 1344);
A permit issued by the Army Corps under section 103 of the Marine
Protection, Research, and Sanctuaries Act of 1972 (33 USC 1413);
or
In the case of Army Corps civil works projects, the administrative
equivalent of the permits referred to in the preceding two paragraphs
of this definition, as provided for in Army Corps regulations (for
example, see 33 CFR 336.1, 336.2, and 337.6).
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART C: CHARACTERISTICS OF HAZARDOUS WASTE
Section 721.121
Characteristic of Ignitability
a)
A solid waste exhibits the characteristic of ignitability if a representative sample
of the waste has any of the following properties:
1)
It is a liquid, other than an aqueous solution containing less than 24
percent alcohol by volume, and has a flash point less than 60°C (140°F),
as determined by a Pensky-Martens Closed Cup Tester, using the test
method specified in ASTMD 93-85 (Standard Test Methods for Flash
132
Point by Pensky-Martens Closed Tester), or a Setaflash Closed Cup
Tester, using the test method specified in ASTM D 3828-87, (Standard
Test Methods for Flash Point of Liquids by Setaflash Closed Tester), each
incorporated by reference in 35 Ill. Adm. Code 720.111(a).
2)
It is not a liquid and is capable, under standard temperature and pressure,
of causing fire through friction, absorption of moisture, or spontaneous
chemical changes and, when ignited, burns so vigorously and persistently
that it creates a hazard.
3)
It is a flammable gas, as defined in federal 49 CFR 173.115 (Class 2,
Divisions 2.1, 2.2, and 2.3--Definitions), incorporated by reference in 35
Ill. Adm. Code 720.111(b), and as determined by the test methods
described in that regulation or equivalent test methods approved by the
Board (35 Ill. Adm. Code 720.120).
BOARD NOTE: Corresponding 40 CFR 261.21(a)(3) cites to 49 CFR
173.300 for a definition of uses “ignitable compressed gas” based on the
outmoded USDOT hazard class “ignitable flammable compressed gas.,”
and it replicates the text from former 49 C.F.R. 173.300(b) (1980) for the
definition. That provision has been removed by In 1990, USDOT, and it
is marked “reserved.” replaced that former hazard class with “flammable
gas”, as defined at 49 CFR 173.115 now defines a “flammable gas” as a
Division 2.1 material. See 55 Fed. Reg. 52402, 53433 (Dec. 21, 1990)
(USDOT rulemaking replacing the old hazard class with the new one).
The Board has chosen to avoid major problems inherent to USEPA’s
approach (the use of obsolete methods and USDOT regulatory
mechanisms for the outmoded hazard class). The Board has instead
updated the Illinois provision to correspond with the current USDOT
regulations and use the “flammable gas” hazard class, together with its
associated current methods.
4)
It is an oxidizer, as defined in federal 49 CFR 173.127 (Class 5, Division
5.1--Definition and Assignment of Packaging Groups), incorporated by
reference in 35 Ill. Adm. Code 720.111(b).
BOARD NOTE: Corresponding 40 CFR 261.21(a)(4)
cites to 49 CFR 173.151 for a
definition of uses
“oxidizer.,” and it replicates the text from former 49 C.F.R. 173.151
(1980) for the definition. Further, corresponding 40 CFR 261.21(a)(4) adds the
definition of “organic peroxide from former 49 C.F.R. 173.151a to the definition of
“oxidizer.” In 1990, USDOT replaced that former definition of the hazard class with a
new definition at 49 CFR 173.127, which classifies an oxidizer as a Division 5.1
material. See 55 Fed. Reg. 52402, 53433 (Dec. 21, 1990) (USDOT rulemaking replacing
the old hazard class with the new one). The Board has chosen to avoid major problems
inherent to USEPA’s approach (the use of obsolete methods and USDOT regulatory
mechanisms for the outmoded hazard class). The Board has instead updated the Illinois
133
provision to correspond with the current USDOT regulations, use the “oxidizer” hazard
class, together with its associated current methods, and omit the addition of “organic
peroxide” to the definition.
b)
A solid waste that exhibits the characteristic of ignitability has the USEPA
hazardous waste number of D001.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART D: LISTS OF HAZARDOUS WASTE
Section 721.131
Hazardous Wastes from Nonspecific Sources
a)
The following solid wastes are listed hazardous wastes from non-specific sources,
unless they are excluded under 35 Ill. Adm. Code 720.120 and 720.122 and listed
in Appendix I of this Part.
USEPA
Hazardous
Waste No.
Industry and Hazardous Waste
Hazard
Code
F001
The following spent halogenated solvents used in
degreasing: tetrachloroethylene, trichloroethylene,
methylene chloride, 1,1,1-trichloroethane, carbon tetra-
chloride, and chlorinated fluorocarbons; all spent
solvent mixtures and blends used in degreasing
containing, before use, a total of ten percent or more (by
volume) of one or more of the above halogenated
solvents or those solvents listed in F002, F004, or F005;
and still bottoms from the recovery of these spent
solvents and spent solvent mixtures.
(T)
F002
The following spent halogenated solvents: tetrachloro-
ethylene, methylene chloride, trichloroethylene, 1,1,1-
trichloroethane, chlorobenzene, 1,1,2-trichloro-1,2,2-tri-
fluoroethane, orthodichlorobenzene, trichloro-
fluoromethane, and 1,1,2-trichloroethane; all spent
solvent mixtures and blends containing, before use, a
total of ten percent or more (by volume) of one or more
of the above halogenated solvents or those solvents
listed in F001, F004, or F005; and still bottoms from the
recovery of these spent solvents and spent solvent
mixtures.
(T)
134
F003
The following spent non-halogenated solvents: xylene,
acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl
isobutyl ketone, n-butyl alcohol, cyclohexanone, and
methanol; all spent solvent mixtures and blends
containing, before use, only the above spent non-
halogenated solvents; and all spent solvent mixtures and
blends containing, before use, one or more of the above
non-halogenated solvents and a total of ten percent or
more (by volume) of one or more of those solvents listed
in F001, F002, F004, or F005; and still bottoms from the
recovery of these spent solvents and spent solvent
mixtures.
(I)
F004
The following spent non-halogenated solvents: cresols
and cresylic acid and nitrobenzene; all spent solvent
mixtures and blends containing, before use, a total of ten
percent or more (by volume) of one or more of the
above non-halogenated solvents or those solvents listed
in F001, F002, or F005; and still bottoms from the
recovery of these spent solvents and spent solvent
mixtures.
(T)
F005
The following spent non-halogenated solvents: toluene,
methyl ethyl ketone, carbon disulfide, isobutanol,
pyridine, benzene, 2-ethoxyethanol, and 2-nitropropane;
all spent solvent mixtures and blends, containing, before
use, a total of ten percent or more (by volume) of one or
more of the above non-halogenated solvents or those
solvents listed in F001, F002, or F004; and still bottoms
from the recovery of these spent solvents and spent
solvent mixtures.
(I, T)
F006
Wastewater treatment sludges from electroplating
operations except from the following processes: (1)
sulfuric acid anodizing of aluminum; (2) tin plating on
carbon steel; (3) zinc plating (segregated basis) on
carbon steel; (4) aluminum or zinc-aluminum plating on
carbon steel; (5) cleaning/stripping associated with tin,
zinc, and aluminum plating on carbon steel; and (6)
chemical etching and milling of aluminum.
(T)
F007
Spent cyanide plating bath solutions from electroplating
operations.
(R, T)
135
F008
Plating bath residues from the bottom of plating baths
from electroplating operations where cyanides are used
in the process.
(R, T)
F009
Spent stripping and cleaning bath solutions from
electroplating operations where cyanides are used in the
process.
(R, T)
F010
Quenching bath residues from oil baths from metal heat-
treating operations where cyanides are used in the
process.
(R, T)
F011
Spent cyanide solutions from salt bath pot cleaning from
metal heat-treating operations.
(R, T)
F012
Quenching wastewater treatment sludges from metal
heat-treating operations where cyanides are used in the
process.
(T)
F019
Wastewater treatment sludges from the chemical
conversion coating of aluminum except from zirconium
phosphating in aluminum can washing when such
phosphating is an exclusive conversion coating process.
(T)
F020
Wastes (except wastewater and spent carbon from
hydrogen chloride purification) from the production or
manufacturing use (as a reactant, chemical intermediate
or component in a formulating process) of tri- or tetra-
chlorophenol or of intermediates used to produce their
pesticide derivatives. (This listing does not include
wastes from the production of hexachlorophene from
highly purified 2,4,5-trichlorophenol.)
(H)
F021
Wastes (except wastewater and spent carbon from
hydrogen chloride purification) from the production or
manufacturing use (as a reactant, chemical intermediate
or component in a formulating process) of pentachloro-
phenol or of intermediates used to produce its
derivatives.
(H)
F022
Wastes (except wastewater and spent carbon from
hydrogen chloride purification) from the manufacturing
use (as a reactant, chemical intermediate or component
in a formulating process) of tetra-, penta-, or hexa-
chlorobenzenes under alkaline conditions.
(H)
136
F023
Wastes (except wastewater and spent carbon from
hydrogen chloride purification) from the production of
materials on equipment previously used for the
production or manufacturing use (as a reactant, chemical
intermediate or component in a formulating process) of
tri- and tetrachlorophenols. (This listing does not
include wastes from equipment used only for the
production or use of hexachlorophene from highly
purified 2,4,5-trichlorophenol.)
(H)
F024
Process wastes, including but not limited to, distillation
residues, heavy ends, tars, and reactor cleanout wastes,
from the production of certain chlorinated aliphatic
hydrocarbons by free radical catalyzed processes. These
chlorinated aliphatic hydrocarbons are those having
carbon chain lengths ranging from one to and including
five, with varying amounts and positions of chlorine
substitution. (This listing does not include wastewaters,
wastewater treatment sludges, spent catalysts, and
wastes listed in this Section or in Section 721.132.)
(T)
F025
Condensed light ends, spent filters and filter aids, and
spent desiccant wastes from the production of certain
chlorinated aliphatic hydrocarbons by free radical
catalyzed processes. These chlorinated aliphatic
hydrocarbons are those having carbon chain lengths
ranging from one to and including five, with varying
amounts and positions of chlorine substitution.
(T)
F026
Wastes (except wastewater and spent carbon from
hydrogen chloride purification) from the production of
materials on equipment previously used for the
manufacturing use (as a reactant, chemical intermediate,
or component in a formulating process) of tetra-, penta-,
or hexachlorobenzene under alkaline conditions.
(H)
F027
Discarded unused formulations containing tri-, tetra- or
pentachlorophenol or discarded unused formulations
containing compounds derived from these chloro-
phenols. (This listing does not include formulations
containing hexachlorophene synthesized from
prepurified 2,4,5-trichlorophenol as the sole
component.)
(H)
137
F028
Residues resulting from the incineration or thermal
treatment of soil contaminated with hazardous waste
numbers F020, F021, F022, F023, F026, and F027.
(T)
F032
Wastewaters (except those that have not come into
contact with process contaminants), process residuals,
preservative drippage, and spent formulations from
wood preserving processes generated at plants that
currently use or have previously used chlorophenolic
formulations (except potentially cross-contaminated
wastes that have had the F032 waste code deleted in
accordance with Section 721.135 and where the
generator does not resume or initiate use of chloro-
phenolic formulations). This listing does not include
K001 bottom sediment sludge from the treatment of
wastewater from wood preserving processes that use
creosote or pentachlorophenol.
(T)
F034
Wastewaters (except those that have not come into
contact with process contaminants), process residuals,
preservative drippage, and spent formulations from
wood preserving processes generated at plants that use
creosote formulations. This listing does not include
K001 bottom sediment sludge from the treatment of
wastewater from wood preserving processes that use
creosote or pentachlorophenol.
(T)
F035
Wastewaters, (except those that have not come into
contact with process contaminants), process residuals,
preservative drippage, and spent formulations from
wood preserving processes generated at plants that use
inorganic preservatives containing arsenic or chromium.
This listing does not include K001 bottom sediment
sludge from the treatment of wastewater from wood
preserving processes that use creosote or pentachloro-
phenol.
(T)
138
F037
Petroleum refinery primary oil/water/solids separation
sludge -- Any sludge generated from the gravitational
separation of oil/water/solids during the storage or
treatment of process wastewaters and oily cooling
wastewaters from petroleum refineries. Such sludges
include, but are not limited to, those generated in:
oil/water/solids separators; tanks and impoundments;
ditches and other conveyances; sumps; and stormwater
units receiving dry weather flow. Sludge generated in
stormwater units that do not receive dry weather flow,
sludge generated from non-contact once-through cooling
waters segregated for treatment from other process or
oily cooling waters, sludge generated in aggressive
biological treatment units as defined in subsection (b)(2)
of this Section (including sludge generated in one or
more additional units after wastewaters have been
treated in aggressive biological treatment units), and
K051 wastes are not included in this listing. This listing
does include residuals generated from processing or
recycling oil-bearing hazardous secondary materials
excluded under Section 721.104(a)(12)(A) if those
residuals are to be disposed of.
(T)
F038
Petroleum refinery secondary (emulsified)
oil/water/solids separation sludge -- Any sludge or float
generated from the physical or chemical separation of
oil/water/solids in process wastewaters and oily cooling
wastewaters from petroleum refineries. Such wastes
include, but are not limited to, all sludges and floats
generated in the following types of units: induced air
floatation (IAF) units, tanks and impoundments, and all
sludges generated in dissolved air flotation (DAF) units.
Sludges generated in stormwater units that do not
receive dry weather flow, sludges generated from non-
contact once-through cooling waters segregated for
treatment from other process or oily cooling waters,
sludges and floats generated in aggressive biological
treatment units as defined in subsection (b)(2) of this
Section (including sludges and floats generated in one or
more additional units after wastewaters have been
treated in aggressive biological treatment units), F037,
K048, and K051 wastes are not included in this listing.
(T)
139
F039
Leachate (liquids that have percolated through land
disposed wastes) resulting from the disposal of more
than one restricted waste classified as hazardous under
Subpart D. (Leachate resulting from the disposal of one
or more of the following USEPA hazardous wastes and
no other hazardous wastes retains its USEPA hazardous
waste number(s): F020, F021, F022, F026, F027, or
F028.)
(T)
BOARD NOTE: The primary hazardous properties of these materials have been
indicated by the letters T (Toxicity), R (Reactivity), I (Ignitability), and C
(Corrosivity). The letter H indicates Acute Hazardous Waste. “(I, T)” should be
used to specify ixtures that are ignitable and contain toxic constituents.
b)
Listing-specific definitions.
1)
For the purpose of the F037 and F038 listings, “oil/water/solids” is
defined as oil or water or solids.
2)
For the purposes of the F037 and F038 listings, the following apply:
A)
“Aggressive biological treatment units” are defined as units that
employ one of the following four treatment methods: activated
sludge, trickling filter, rotating biological contactor for the
continuous accelerated biological oxidation of wastewaters, or
high-rate aeration. “High-rate aeration” is a system of surface
impoundments or tanks in which intense mechanical aeration is
used to completely mix the wastes, enhance biological activity, and
the following is true:
i)
The units employ a minimum of six horsepower per million
gallons of treatment volume; and either
ii)
The hydraulic retention time of the unit is no longer than
five days; or
iii)
The hydraulic retention time is no longer than 30 days and
the unit does not generate a sludge that is a hazardous
waste by the toxicity characteristic.
B)
Generators and treatment, storage, or disposal (TSD) facilities
have the burden of proving that their sludges are exempt from
listing as F037 or F038 wastes under this definition. Generators
and TSD facilities must maintain, in their operating or other on site
records, documents and data sufficient to prove the following:
140
i)
The unit is an aggressive biological treatment unit, as
defined in this subsection; and
ii)
The sludges sought to be exempted from F037 or F038
were actually generated in the aggressive biological
treatment unit.
3)
Time of generation. For the purposes of the designated waste, the “time of
generation” is defined as follows:
A)
For the F037 listing, sludges are considered to be generated at the
moment of deposition in the unit, where deposition is defined as at
least a temporary cessation of lateral particle movement.
B)
For the F038 listing:
i)
Sludges are considered to be generated at the moment of
deposition in the unit, where deposition is defined as at
least a temporary cessation of lateral particle movement;
and
ii)
Floats are considered to be generated at the moment they
are formed in the top of the unit.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 721.133
Discarded Commercial Chemical Products, Off-Specification Species,
Container Residues, and Spill Residues Thereof
The following materials or items are hazardous wastes if and when they are discarded or
intended to be discarded, as described in Section 721.102(a)(2)(A); when they are mixed with
waste oil or used oil or other material and applied to the land for dust suppression or road
treatment; when they are otherwise applied to the land in lieu of their original intended use or
when they are contained in products that are applied to land in lieu of their original intended use;
or when, in lieu of their original intended use, they are produced for use as (or as a component
of) a fuel, distributed for use as a fuel, or burned as a fuel.
a)
Any commercial chemical product or manufacturing chemical intermediate
having the generic name listed in subsection (e) or (f) of this Section.
b)
Any off-specification commercial chemical product or manufacturing chemical
intermediate that, if it met specifications, would have the generic name listed in
subsection (e) or (f) of this Section.
c)
Any residue remaining in a container or inner liner removed from a container that
has held any commercial chemical product or manufacturing chemical
141
intermediate having the generic name listed in subsection (e) or (f) of this Section,
unless the container is empty, as defined in Section 721.107(b)(3).
BOARD NOTE: Unless the residue is being beneficially used or reused;
legitimately recycled or reclaimed; or accumulated, stored, transported, or treated
prior to such use, reuse, recycling, or reclamation, the Board considers the residue
to be intended for discard, and thus a hazardous waste. An example of a
legitimate reuse of the residue would be where the residue remains in the
container and the container is used to hold the same commercial chemical product
or manufacturing chemical intermediate it previously held. An example of the
discard of the residue would be where the drum is sent to a drum reconditioner
that reconditions the drum but discards the residue.
d)
Any residue or contaminated soil, water, or other debris resulting from the
cleanup of a spill into or on any land or water of any commercial chemical
product or manufacturing chemical intermediate having the generic name listed in
subsection (e) or (f) of this Section or any residue or contaminated soil, water, or
other debris resulting from the cleanup of a spill into or on any land or water of
any off-specification chemical product or manufacturing chemical intermediate
that, if it met specifications, would have the generic name listed in subsection (e)
or (f) of this Section.
BOARD NOTE: The phrase “commercial chemical product or manufacturing
chemical intermediate having the generic name listed in ...” refers to a chemical
substance that is manufactured or formulated for commercial or manufacturing
use that consists of the commercially pure grade of the chemical, any technical
grades of the chemical that are produced or marketed, and all formulations in
which the chemical is the sole active ingredient. It does not refer to a material,
such as a manufacturing process waste, that contains any of the substances listed
in subsection (e) or (f) of this Section. Where a manufacturing process waste is
deemed to be a hazardous waste because it contains a substance listed in
subsection (e) or (f) of this Section, such waste will be listed in either Sections
721.131 or 721.132 or will be identified as a hazardous waste by the
characteristics set forth in Subpart C of this Part.
e)
The commercial chemical products, manufacturing chemical intermediates, or off-
specification commercial chemical products or manufacturing chemical
intermediates referred to in subsections (a) through (d) of this Section are
identified as acute hazardous waste (H) and are subject to the small quantity
exclusion defined in Section 721.105(e). These wastes and their corresponding
USEPA hazardous waste numbers are the following:
BOARD NOTE: For the convenience of the regulated community, the primary
hazardous properties of these materials have been indicated by the letters T
(Toxicity), and R (Reactivity). The absence of a letter indicates that the
compound is only listed for acute toxicity. Wastes are first listed in alphabetical
142
order by substance and then listed again in numerical order by USEPA hazardous
waste number.
USEPA
Hazardous
Waste No.
Chemical
Abstracts No.
(CAS No.)
Substance
P023
107-20-0
Acetaldehyde, chloro-
P002
591-08-2
Acetamide, N-(aminothioxomethyl)
P057
640-19-7
Acetamide, 2-fluoro-
P058
62-74-8
Acetic acid, fluoro-, sodium salt
P002
591-08-2
1-Acetyl-2-thiourea
P003
107-02-8
Acrolein
P070
116-06-3
Aldicarb
P203
1646-88-4
Aldicarb sulfone
P004
309-00-2
Aldrin
P005
107-18-6
Allyl alcohol
P006
20859-73-8
Aluminum phosphide (R, T)
P007
2763-96-4
5-(Aminomethyl)-3-isoxazolol
P008
504-24-5
4-Aminopyridine
P009
131-74-8
Ammonium picrate (R)
P119
7803-55-6
Ammonium vanadate
P099
506-61-6
Argentate(1-), bis(cyano-C)-, potassium
P010
7778-39-4
Arsenic acid H
3
AsO
4
P012
1327-53-3
Arsenic oxide As
2
O
3
P011
1303-28-2
Arsenic oxide As
2
O
5
P011
1303-28-2
Arsenic pentoxide
P012
1327-53-3
Arsenic trioxide
P038
692-42-2
Arsine, diethyl-
P036
696-28-6
Arsonous dichloride, phenyl-
P054
151-56-4
Aziridine
P067
75-55-8
Aziridine, 2-methyl
P013
542-62-1
Barium cyanide
P024
106-47-8
Benzenamine, 4-chloro-
P077
100-01-6
Benzenamine, 4-nitro-
P028
100-44-7
Benzene, (chloromethyl)-
P042
51-43-4
1,2-Benzenediol, 4-(1-hydroxy-2-(methyl-
amino)ethyl)-, (R)-
P046
122-09-8
Benzeneethanamine,
α
,
α-dimethyl-
P014
108-98-5
Benzenethiol
P127
1563-66-2
7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-,
methylcarbamate
P188
57-64-7
Benzoic acid, 2-hydroxy-, compound with (3aS-
cis)-1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethyl-
pyrrolo(2,3-b)indol-5-yl methylcarbamate ester
(1:1)
143
P001
81-81-2
*
2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-
phenylbutyl)-, and salts, when present at
concentrations greater than 0.3 percent
P028
100-44-7
Benzyl chloride
P015
7440-41-7
Beryllium powder
P017
598-31-2
Bromoacetone
P018
357-57-3
Brucine
P045
39196-18-6
2-Butanone, 3,3-dimethyl-1-(methylthio)-, O-
((methylamino)carbonyl) oxime
P021
592-01-8
Calcium cyanide
P021
592-01-8
Calcium cyanide Ca(CN)
2
P189
55285-14-8
Carbamic acid, ((dibutylamino)- thio)methyl-,
2,3-dihydro-2,2-dimethyl-7-benzofuranyl ester
P191
644-64-4
Carbamic acid, dimethyl-, 1-((dimethyl-amino)-
carbonyl)-5-methyl-1H-pyrazol-3-yl ester
P192
119-38-0
Carbamic acid, dimethyl-, 3-methyl-1-(1-methyl-
ethyl)-1H-pyrazol-5-yl ester
P190
1129-41-5
Carbamic acid, methyl-, 3-methylphenyl ester
P127
1563-66-2
Carbofuran
P022
75-15-0
Carbon disulfide
P095
75-44-5
Carbonic dichloride
P189
55285-14-8
Carbosulfan
P023
107-20-0
Chloroacetaldehyde
P024
106-47-8
p-Chloroaniline
P026
5344-82-1
1-(o-Chlorophenyl)thiourea
P027
542-76-7
3-Chloropropionitrile
P029
544-92-3
Copper cyanide
P029
544-92-3
Copper cyanide CuCN
P202
64-00-6
m-Cumenyl methylcarbamate
P030
Cyanides (soluble cyanide salts), not otherwise
specified
P031
460-19-5
Cyanogen
P033
506-77-4
Cyanogen chloride
P033
506-77-4
Cyanogen chloride CNCl
P034
131-89-5
2-Cyclohexyl-4,6-dinitrophenol
P016
542-88-1
Dichloromethyl ether
P036
696-28-6
Dichlorophenylarsine
P037
60-57-1
Dieldrin
P038
692-42-2
Diethylarsine
P041
311-45-5
Diethyl-p-nitrophenyl phosphate
P040
297-97-2
O,O-Diethyl O-pyrazinyl phosphorothioate
P043
55-91-4
Diisopropylfluorophosphate (DFP)
P191
644-64-4
Dimetilan
P004
309-00-2
1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-
hexachloro-1,4,4a,5,8,8a-hexahydro-,
(1α,4α,4aβ,5α,8α,8aβ)-
144
P060
465-73-6
1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-
hexachloro-1,4,4a,5,8,8a-hexahydro-,
(1α,4α,4aβ,5β,8β,8aβ)-
P037
60-57-1
2,7:3,6-Dimethanonaphth(2,3-b)oxirene,
3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-
octahydro-, (1aα,2β,2aα,3β,6β,6aα,7β,7aα)-
P051
72-20-8
*
2,7:3,6-Dimethanonaphth(2,3-b)oxirene,
3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-
octahydro-, (1aα,2β,2aβ,3α,6α,6aβ,7β,7aα)-,
and metabolites
P044
60-51-5
Dimethoate
P046
122-09-8
α
,
α-Dimethylphenethylamine
P047
534-52-1
*
4,6-Dinitro-o-cresol and salts
P048
51-28-5
2,4-Dinitrophenol
P020
88-85-7
Dinoseb
P085
152-16-9
Diphosphoramide, octamethyl-
P111
107-49-3
Diphosphoric acid, tetraethyl ester
P039
298-04-4
Disulfoton
P049
541-53-7
Dithiobiuret
P185
26419-73-8
1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-,
O-((methylamino)- carbonyl)oxime
P050
115-29-7
Endosulfan
P088
145-73-3
Endothall
P051
72-20-8
Endrin
P051
72-20-8
Endrin, and metabolites
P042
51-43-4
Epinephrine
P031
460-19-5
Ethanedinitrile
P194
23135-22-0
Ethanimidothioc Ethanimidothioic acid, 2-(di-
methylamino)-N-(((methylamino)carbonyl)oxy)-
2-oxo-, methyl ester
P066
16752-77-5
Ethanimidothioic acid, N-(((methylamino)-
carbonyl)oxy)-, methyl ester
P101
107-12-0
Ethyl cyanide
P054
151-56-4
Ethylenimine
P097
52-85-7
Famphur
P056
7782-41-4
Fluorine
P057
640-19-7
Fluoroacetamide
P058
62-74-8
Fluoroacetic acid, sodium salt
P198
23422-53-9
Formetanate hydrochloride
P197
17702-57-7
Formparanate
P065
628-86-4
Fulminic acid, mercury (2+) salt (R, T)
P059
76-44-8
Heptachlor
P062
757-58-4
Hexaethyl tetraphosphate
P116
79-19-6
Hydrazinecarbothioamide
P068
60-34-4
Hydrazine, methyl-
P063
74-90-8
Hydrocyanic acid
145
P063
74-90-8
Hydrogen cyanide
P096
7803-51-2
Hydrogen phosphide
P060
465-73-6
Isodrin
P192
119-38-0
Isolan
P202
64-00-6
3-Isopropylphenyl-N-methylcarbamate
P007
2763-96-4
3(2H)-Isoxazolone, 5-(aminomethyl)-
P196
15339-36-3
Manganese, bis(dimethylcarbamodithioato-
S,S’)-
P196
15339-36-3
Manganese dimethyldithiocarbamate
P092
62-38-4
Mercury, (acetato-O)phenyl-
P065
628-86-4
Mercury fulminate (R, T)
P082
62-75-9
Methanamine, N-methyl-N-nitroso-
P064
624-83-9
Methane, isocyanato-
P016
542-88-1
Methane, oxybis(chloro-
P112
509-14-8
Methane, tetranitro- (R)
P118
75-70-7
Methanethiol, trichloro-
P198
23422-53-9
Methanimidamide, N,N-dimethyl-N’-[3-
(((methylamino)-carbonyl)oxy]phenyl)-,
monohydrochloride
P197
17702-57-7
Methanimidamide, N,N-dimethyl-N’-(2-methyl-
4-(((methylamino)carbonyl)oxy)phenyl)-
P199
2032-65-7
Methiocarb
P050
115-29-7
6,9-Methano-2,4,3-benzodioxathiepen,
6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexa-
hydro-, 3-oxide
P059
76-44-8
4,7-Methano-1H-indene, 1,4,5,6,7,8,8-hepta-
chloro-3a,4,7,7a-tetrahydro-
P066
16752-77-5
Methomyl
P068
60-34-4
Methyl hydrazine
P064
624-83-9
Methyl isocyanate
P069
75-86-5
2-Methyllactonitrile
P071
298-00-0
Methyl parathion
P190
1129-41-5
Metolcarb
P129
315-8-4
Mexacarbate
P072
86-88-4
α-Naphthylthiourea
P073
13463-39-3
Nickel carbonyl
P073
13463-39-3
Nickel carbonyl Ni(CO)
4
, (T-4)-
P074
557-19-7
Nickel cyanide
P074
557-19-7
Nickel cyanide Ni(CN)
2
P075
54-11-5
*
Nicotine, and salts
P076
10102-43-9
Nitric oxide
P077
100-01-6
p-Nitroaniline
P078
10102-44-0
Nitrogen dioxide
P076
10102-43-9
Nitrogen oxide NO
P078
10102-44-0
Nitrogen oxide NO
2
P081
55-63-0
Nitroglycerine (R)
146
P082
62-75-9
N-Nitrosodimethylamine
P084
4549-40-0
N-Nitrosomethylvinylamine
P085
152-16-9
Octamethylpyrophosphoramide
P087
20816-12-0
Osmium oxide OsO
4
, (T-4)-
P087
20816-12-0
Osmium tetroxide
P088
145-73-3
7-Oxabicyclo(2.2.1)heptane-2,3-dicarboxylic
acid
P194
23135-22-0
Oxamyl
P089
56-38-2
Parathion
P034
131-89-5
Phenol, 2-cyclohexyl-4,6-dinitro-
P128
315-18-4
Phenol, 4-(dimethylamino)-3,5-dimethyl-,
methylcarbamate (ester)
P199
2032-65-7
Phenol, (3,5-dimethyl-4-(methylthio)-, methyl-
carbamate
P048
51-28-5
Phenol, 2,4-dinitro-
P047
534-52-1
*
Phenol, 2-methyl-4,6-dinitro-, and salts
P202
64-00-6
Phenol, 3-(1-methylethyl)-, methyl carbamate
P201
2631-37-0
Phenol, 3-methyl-5-(1-methylethyl)-, methyl
carbamate
P020
88-85-7
Phenol, 2-(1-methylpropyl)-4,6-dinitro-
P009
131-74-8
Phenol, 2,4,6-trinitro-, ammonium salt (R)
P092
62-38-4
Phenylmercury acetate
P093
103-85-5
Phenylthiourea
P094
298-02-2
Phorate
P095
75-44-5
Phosgene
P096
7803-51-2
Phosphine
P041
311-45-5
Phosphoric acid, diethyl 4-nitrophenyl ester
P039
298-04-4
Phosphorodithioic acid, O,O-diethyl S-(2-(ethyl-
thio)ethyl) ester
P094
298-02-2
Phosphorodithioic acid, O,O-diethyl S-((ethyl-
thio)methyl) ester
P044
60-51-5
Phosphorodithioic acid, O,O-dimethyl S-(2-
(methylamino)-2-oxoethyl)ester
P043
55-91-4
Phosphorofluoridic acid, bis(1-methylethyl)ester
P089
56-38-2
Phosphorothioic acid, O,O-diethyl O-(4-
nitrophenyl) ester
P040
297-97-2
Phosphorothioic acid, O,O-diethyl O-pyrazinyl
ester
P097
52-85-7
Phosphorothioic acid, O-(4-((dimethylamino)-
sulfonyl))phenyl) O,O-dimethyl ester
P071
298-00-0
Phosphorothioic acid, O,O-dimethyl O-(4-
nitrophenyl) ester
P204
57-47-6
Physostigmine
P188
57-64-7
Physostigmine salicylate
P110
78-00-2
Plumbane, tetraethyl-
P098
151-50-8
Potassium cyanide
147
P098
151-50-8
Potassium cyanide KCN
P099
506-61-6
Potassium silver cyanide
P201
2631-37-0
Promecarb
P203
1646-88-4
Propanal, 2-methyl-2-(methyl-sulfonyl)-, O-
((methylamino)carbonyl) oxime
P070
116-06-3
Propanal, 2-methyl-2-(methylthio)-, O-((methyl-
amino)carbonyl)oxime
P101
107-12-0
Propanenitrile
P027
542-76-7
Propanenitrile, 3-chloro-
P069
75-86-5
Propanenitrile, 2-hydroxy-2-methyl-
P081
55-63-0
1,2,3-Propanetriol, trinitrate- (R)
P017
598-31-2
2-Propanone, 1-bromo-
P102
107-19-7
Propargyl alcohol
P003
107-02-8
2-Propenal
P005
107-18-6
2-Propen-1-ol
P067
75-55-8
1,2-Propylenimine
P102
107-19-7
2-Propyn-1-ol
P008
504-24-5
4-Pyridinamine
P075
54-11-5
*
Pyridine, 3-(1-methyl-2-pyrrolidinyl)-, (S)- and
salts
P204
57-47-6
Pyrrolo(2,3-b)indol-5-ol, 1,2,3,3a,8,8a-hexa-
hydro-1,3a,8-trimethyl-, methylcarbamate
(ester), (3aS-cis)-
P114
12039-52-0
Selenious acid, dithallium (1+) salt
P103
630-10-4
Selenourea
P104
506-64-9
Silver cyanide
P104
506-64-9
Silver cyanide AgCN
P105
26628-22-8
Sodium azide
P106
143-33-9
Sodium cyanide
P106
143-33-9
Sodium cyanide NaCN
P108
57-24-9
*
Strychnidin-10-one, and salts
P018
357-57-3
Strychnidin-10-one, 2,3-dimethoxy-
P108
57-24-9
*
Strychnine and salts
P115
7446-18-6
Sulfuric acid, dithallium (1+) salt
P109
3689-24-5
Tetraethyldithiopyrophosphate
P110
78-00-2
Tetraethyl lead
P111
107-49-3
Tetraethylpyrophosphate
P112
509-14-8
Tetranitromethane (R)
P062
757-58-4
Tetraphosphoric acid, hexaethyl ester
P113
1314-32-5
Thallic oxide
P113
1314-32-5
Thallium oxide Tl
2
O
3
P114
12039-52-0
Thallium (I) selenite
P115
7446-18-6
Thallium (I) sulfate
P109
3689-24-5
Thiodiphosphoric acid, tetraethyl ester
P045
39196-18-4
Thiofanox
P049
541-53-7
Thioimidodicarbonic diamide ((H
2
N)C(S))
2
NH
148
P014
108-98-5
Thiophenol
P116
79-19-6
Thiosemicarbazide
P026
5344-82-1
Thiourea, (2-chlorophenyl)-
P072
86-88-4
Thiourea, 1-naphthalenyl-
P093
103-85-5
Thiourea, phenyl-
P123
8001-35-2
Toxaphene
P185
26419-73-8
Tirpate
P118
75-70-7
Trichloromethanethiol
P119
7803-55-6
Vanadic acid, ammonium salt
P120
1314-62-1
Vanadium oxide V
2
O
5
P120
1314-62-1
Vanadium pentoxide
P084
4549-40-0
Vinylamine, N-methyl-N-nitroso-
P001
81-81-2
*
Warfarin, and salts, when present at
concentrations greater than 0.3 percent
P121
557-21-1
Zinc cyanide
P121
557-21-1
Zinc cyanide Zn(CN)
2
P205
137-30-4
Zinc, bis(dimethylcarbamodithioato-S,S’)-
P122
1314-84-7
Zinc phosphide Zn
3
P
2
, when present at
concentrations greater than 10 percent (R, T)
P205
137-30-4
Ziram
Numerical Listing
USEPA
Hazardous
Waste No.
Chemical
Abstracts No.
(CAS No.)
Substance
P001
81-81-2
*
2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-
phenylbutyl)-, and salts, when present at
concentrations greater than 0.3 percent
P001
81-81-2
*
Warfarin, and salts, when present at
concentrations greater than 0.3 percent
P002
591-08-2
Acetamide, N-(aminothioxomethyl)
P002
591-08-2
1-Acetyl-2-thiourea
P003
107-02-8
Acrolein
P003
107-02-8
2-Propenal
P004
309-00-2
Aldrin
P004
309-00-2
1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-
hexachloro-1,4,4a,5,8,8a-hexahydro-,
(1α,4α,4aβ,5α,8α,8aβ)-
P005
107-18-6
Allyl alcohol
P005
107-18-6
2-Propen-1-ol
P006
20859-73-8
Aluminum phosphide (R, T)
P007
2763-96-4
5-(Aminomethyl)-3-isoxazolol
P007
2763-96-4
3(2H)-Isoxazolone, 5-(aminomethyl)-
P008
504-24-5
4-Aminopyridine
149
P008
504-24-5
4-Pyridinamine
P009
131-74-8
Ammonium picrate (R)
P009
131-74-8
Phenol, 2,4,6-trinitro-, ammonium salt (R)
P010
7778-39-4
Arsenic acid H
3
AsO
4
P011
1303-28-2
Arsenic oxide As
2
O
5
P011
1303-28-2
Arsenic pentoxide
P012
1327-53-3
Arsenic oxide As
2
O
3
P012
1327-53-3
Arsenic trioxide
P013
542-62-1
Barium cyanide
P014
108-98-5
Benzenethiol
P014
108-98-5
Thiophenol
P015
7440-41-7
Beryllium powder
P016
542-88-1
Dichloromethyl ether
P016
542-88-1
Methane, oxybis(chloro-
P017
598-31-2
Bromoacetone
P017
598-31-2
2-Propanone, 1-bromo-
P018
357-57-3
Brucine
P018
357-57-3
Strychnidin-10-one, 2,3-dimethoxy-
P020
88-85-7
Dinoseb
P020
88-85-7
Phenol, 2-(1-methylpropyl)-4,6-dinitro-
P021
592-01-8
Calcium cyanide
P021
592-01-8
Calcium cyanide Ca(CN)
2
P022
75-15-0
Carbon disulfide
P023
107-20-0
Acetaldehyde, chloro-
P023
107-20-0
Chloroacetaldehyde
P024
106-47-8
Benzenamine, 4-chloro-
P024
106-47-8
p-Chloroaniline
P026
5344-82-1
1-(o-Chlorophenyl)thiourea
P026
5344-82-1
Thiourea, (2-chlorophenyl)-
P027
542-76-7
3-Chloropropionitrile
P027
542-76-7
Propanenitrile, 3-chloro-
P028
100-44-7
Benzene, (chloromethyl)-
P028
100-44-7
Benzyl chloride
P029
544-92-3
Copper cyanide
P029
544-92-3
Copper cyanide CuCN
P030
Cyanides (soluble cyanide salts), not otherwise
specified
P031
460-19-5
Cyanogen
P031
460-19-5
Ethanedinitrile
P033
506-77-4
Cyanogen chloride
P033
506-77-4
Cyanogen chloride CNCl
P034
131-89-5
2-Cyclohexyl-4,6-dinitrophenol
P034
131-89-5
Phenol, 2-cyclohexyl-4,6-dinitro-
P036
696-28-6
Arsonous dichloride, phenyl-
P036
696-28-6
Dichlorophenylarsine
P037
60-57-1
Dieldrin
150
P037
60-57-1
2,7:3,6-Dimethanonaphth(2,3-b)oxirene,
3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-
octahydro-, (1aα,2β,2aα,3β,6β,6aα,7β,7aα)-
P038
692-42-2
Arsine, diethyl-
P038
692-42-2
Diethylarsine
P039
298-04-4
Disulfoton
P039
298-04-4
Phosphorodithioic acid, O,O-diethyl S-(2-(ethyl-
thio)ethyl) ester
P040
297-97-2
O,O-Diethyl O-pyrazinyl phosphorothioate
P040
297-97-2
Phosphorothioic acid, O,O-diethyl O-pyrazinyl
ester
P041
311-45-5
Diethyl-p-nitrophenyl phosphate
P041
311-45-5
Phosphoric acid, diethyl 4-nitrophenyl ester
P042
51-43-4
1,2-Benzenediol, 4-(1-hydroxy-2-(methyl-
amino)ethyl)-, (R)-
P042
51-43-4
Epinephrine
P043
55-91-4
Diisopropylfluorophosphate (DFP)
P043
55-91-4
Phosphorofluoridic acid, bis(1-methylethyl)ester
P044
60-51-5
Dimethoate
P044
60-51-5
Phosphorodithioic acid, O,O-dimethyl S-(2-
(methylamino)-2-oxoethyl)ester
P045
39196-18-6
2-Butanone, 3,3-dimethyl-1-(methylthio)-, O-
((methylamino)carbonyl) oxime
P045
39196-18-4
Thiofanox
P046
122-09-8
Benzeneethanamine,
α
,
α-dimethyl-
P046
122-09-8
α
,
α-Dimethylphenethylamine
P047
534-52-1
*
4,6-Dinitro-o-cresol and salts
P047
534-52-1
*
Phenol, 2-methyl-4,6-dinitro-, and salts
P048
51-28-5
2,4-Dinitrophenol
P048
51-28-5
Phenol, 2,4-dinitro-
P049
541-53-7
Dithiobiuret
P049
541-53-7
Thioimidodicarbonic diamide ((H
2
N)C(S))
2
NH
P050
115-29-7
Endosulfan
P050
115-29-7
6,9-Methano-2,4,3-benzodioxathiepen,
6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexa-
hydro-, 3-oxide
P051
72-20-8
*
2,7:3,6-Dimethanonaphth(2,3-b)oxirene,
3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-
octahydro-, (1aα,2β,2aβ,3α,6α,6aβ,7β,7aα)-,
and metabolites
P051
72-20-8
Endrin
P051
72-20-8
Endrin, and metabolites
P054
151-56-4
Aziridine
P054
151-56-4
Ethylenimine
P056
7782-41-4
Fluorine
P057
640-19-7
Acetamide, 2-fluoro-
151
P057
640-19-7
Fluoroacetamide
P058
62-74-8
Acetic acid, fluoro-, sodium salt
P058
62-74-8
Fluoroacetic acid, sodium salt
P059
76-44-8
Heptachlor
P059
76-44-8
4,7-Methano-1H-indene, 1,4,5,6,7,8,8-hepta-
chloro-3a,4,7,7a-tetrahydro-
P060
465-73-6
1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-
hexachloro-1,4,4a,5,8,8a-hexahydro-,
(1α,4α,4aβ,5β,8β,8aβ)-
P060
465-73-6
Isodrin
P062
757-58-4
Hexaethyl tetraphosphate
P062
757-58-4
Tetraphosphoric acid, hexaethyl ester
P063
74-90-8
Hydrocyanic acid
P063
74-90-8
Hydrogen cyanide
P064
624-83-9
Methane, isocyanato-
P064
624-83-9
Methyl isocyanate
P065
628-86-4
Fulminic acid, mercury (2+) salt (R, T)
P065
628-86-4
Mercury fulminate (R, T)
P066
16752-77-5
Ethanimidothioic acid, N-(((methylamino)-
carbonyl)oxy)-, methyl ester
P066
16752-77-5
Methomyl
P067
75-55-8
Aziridine, 2-methyl
P067
75-55-8
1,2-Propylenimine
P068
60-34-4
Hydrazine, methyl-
P068
60-34-4
Methyl hydrazine
P069
75-86-5
2-Methyllactonitrile
P069
75-86-5
Propanenitrile, 2-hydroxy-2-methyl-
P070
116-06-3
Aldicarb
P070
116-06-3
Propanal, 2-methyl-2-(methylthio)-, O-((methyl-
amino)carbonyl)oxime
P071
298-00-0
Methyl parathion
P071
298-00-0
Phosphorothioic acid, O,O-dimethyl O-(4-
nitrophenyl) ester
P072
86-88-4
α-Naphthylthiourea
P072
86-88-4
Thiourea, 1-naphthalenyl-
P073
13463-39-3
Nickel carbonyl
P073
13463-39-3
Nickel carbonyl Ni(CO)
4
, (T-4)-
P074
557-19-7
Nickel cyanide
P074
557-19-7
Nickel cyanide Ni(CN)
2
P075
54-11-5
*
Nicotine, and salts
P075
54-11-5
*
Pyridine, 3-(1-methyl-2-pyrrolidinyl)-, (S)- and
salts
P076
10102-43-9
Nitric oxide
P076
10102-43-9
Nitrogen oxide NO
P077
100-01-6
Benzenamine, 4-nitro-
P077
100-01-6
p-Nitroaniline
152
P078
10102-44-0
Nitrogen dioxide
P078
10102-44-0
Nitrogen oxide NO
2
P081
55-63-0
Nitroglycerine (R)
P081
55-63-0
1,2,3-Propanetriol, trinitrate- (R)
P082
62-75-9
Methanamine, N-methyl-N-nitroso-
P082
62-75-9
N-Nitrosodimethylamine
P084
4549-40-0
N-Nitrosomethylvinylamine
P084
4549-40-0
Vinylamine, N-methyl-N-nitroso-
P085
152-16-9
Diphosphoramide, octamethyl-
P085
152-16-9
Octamethylpyrophosphoramide
P087
20816-12-0
Osmium oxide OsO
4
, (T-4)-
P087
20816-12-0
Osmium tetroxide
P088
145-73-3
Endothall
P088
145-73-3
7-Oxabicyclo(2.2.1)heptane-2,3-dicarboxylic
acid
P089
56-38-2
Parathion
P089
56-38-2
Phosphorothioic acid, O,O-diethyl O-(4-
nitrophenyl) ester
P092
62-38-4
Mercury, (acetato-O)phenyl-
P092
62-38-4
Phenylmercury acetate
P093
103-85-5
Phenylthiourea
P093
103-85-5
Thiourea, phenyl-
P094
298-02-2
Phorate
P094
298-02-2
Phosphorodithioic acid, O,O-diethyl S-((ethyl-
thio)methyl) ester
P095
75-44-5
Carbonic dichloride
P095
75-44-5
Phosgene
P096
7803-51-2
Hydrogen phosphide
P096
7803-51-2
Phosphine
P097
52-85-7
Famphur
P097
52-85-7
Phosphorothioic acid, O-(4-((dimethylamino)-
sulfonyl))phenyl) O,O-dimethyl ester
P098
151-50-8
Potassium cyanide
P098
151-50-8
Potassium cyanide KCN
P099
506-61-6
Argentate(1-), bis(cyano-C)-, potassium
P099
506-61-6
Potassium silver cyanide
P101
107-12-0
Ethyl cyanide
P101
107-12-0
Propanenitrile
P102
107-19-7
Propargyl alcohol
P102
107-19-7
2-Propyn-1-ol
P103
630-10-4
Selenourea
P104
506-64-9
Silver cyanide
P104
506-64-9
Silver cyanide AgCN
P105
26628-22-8
Sodium azide
P106
143-33-9
Sodium cyanide
P106
143-33-9
Sodium cyanide NaCN
153
P108
57-24-9
*
Strychnidin-10-one, and salts
P108
57-24-9
*
Strychnine and salts
P109
3689-24-5
Tetraethyldithiopyrophosphate
P109
3689-24-5
Thiodiphosphoric acid, tetraethyl ester
P110
78-00-2
Plumbane, tetraethyl-
P110
78-00-2
Tetraethyl lead
P111
107-49-3
Diphosphoric acid, tetraethyl ester
P111
107-49-3
Tetraethylpyrophosphate
P112
509-14-8
Methane, tetranitro- (R)
P112
509-14-8
Tetranitromethane (R)
P113
1314-32-5
Thallic oxide
P113
1314-32-5
Thallium oxide Tl
2
O
3
P114
12039-52-0
Selenious acid, dithallium (1+) salt
P114
12039-52-0
Thallium (I) selenite
P115
7446-18-6
Sulfuric acid, dithallium (1+) salt
P115
7446-18-6
Thallium (I) sulfate
P116
79-19-6
Hydrazinecarbothioamide
P116
79-19-6
Thiosemicarbazide
P118
75-70-7
Methanethiol, trichloro-
P118
75-70-7
Trichloromethanethiol
P119
7803-55-6
Ammonium vanadate
P119
7803-55-6
Vanadic acid, ammonium salt
P120
1314-62-1
Vanadium oxide V
2
O
5
P120
1314-62-1
Vanadium pentoxide
P121
557-21-1
Zinc cyanide
P121
557-21-1
Zinc cyanide Zn(CN)
2
P122
1314-84-7
Zinc phosphide Zn
3
P
2
, when present at
concentrations greater than 10 percent (R, T)
P123
8001-35-2
Toxaphene
P127
1563-66-2
7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-,
methylcarbamate
P127
1563-66-2
Carbofuran
P128
315-18-4
Phenol, 4-(dimethylamino)-3,5-dimethyl-,
methylcarbamate (ester)
P129
315-8-4
Mexacarbate
P185
26419-73-8
1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-,
O-((methylamino)- carbonyl)oxime
P185
26419-73-8
Tirpate
P188
57-64-7
Benzoic acid, 2-hydroxy-, compound with (3aS-
cis)-1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethyl-
pyrrolo(2,3-b)indol-5-yl methylcarbamate ester
(1:1)
P188
57-64-7
Physostigmine salicylate
P189
55285-14-8
Carbamic acid, ((dibutylamino)- thio)methyl-,
2,3-dihydro-2,2-dimethyl-7-benzofuranyl ester
P189
55285-14-8
Carbosulfan
154
P190
1129-41-5
Carbamic acid, methyl-, 3-methylphenyl ester
P190
1129-41-5
Metolcarb
P191
644-64-4
Carbamic acid, dimethyl-, 1-((dimethyl-amino)-
carbonyl)-5-methyl-1H-pyrazol-3-yl ester
P191
644-64-4
Dimetilan
P192
119-38-0
Carbamic acid, dimethyl-, 3-methyl-1-(1-methyl-
ethyl)-1H-pyrazol-5-yl ester
P192
119-38-0
Isolan
P194
23135-22-0
Ethanimidothioic acid, 2-(dimethylamino)-N-
(((methylamino)carbonyl)oxy)-2-oxo-, methyl
ester
P194
23135-22-0
Oxamyl
P196
15339-36-3
Manganese, bis(dimethylcarbamodithioato-
S,S’)-
P196
15339-36-3
Manganese dimethyldithiocarbamate
P197
17702-57-7
Formparanate
P197
17702-57-7
Methanimidamide, N,N-dimethyl-N’-(2-methyl-
4-(((methylamino)carbonyl)oxy)phenyl)-
P198
23422-53-9
Formetanate hydrochloride
P198
23422-53-9
Methanimidamide, N,N-dimethyl-N’-[3-
(((methylamino)-carbonyl)oxy]phenyl)-,
monohydrochloride
P199
2032-65-7
Methiocarb
P199
2032-65-7
Phenol, (3,5-dimethyl-4-(methylthio)-, methyl-
carbamate
P201
2631-37-0
Phenol, 3-methyl-5-(1-methylethyl)-, methyl
carbamate
P201
2631-37-0
Promecarb
P202
64-00-6
m-Cumenyl methylcarbamate
P202
64-00-6
3-Isopropylphenyl-N-methylcarbamate
P202
64-00-6
Phenol, 3-(1-methylethyl)-, methyl carbamate
P203
1646-88-4
Aldicarb sulfone
P203
1646-88-4
Propanal, 2-methyl-2-(methyl-sulfonyl)-, O-
((methylamino)carbonyl) oxime
P204
57-47-6
Physostigmine
P204
57-47-6
Pyrrolo(2,3-b)indol-5-ol, 1,2,3,3a,8,8a-hexa-
hydro-1,3a,8-trimethyl-, methylcarbamate
(ester), (3aS-cis)-
P205
137-30-4
Zinc, bis(dimethylcarbamodithioato-S,S’)-
P205
137-30-4
Ziram
BOARD NOTE: An asterisk (*) following the CAS number indicates that the
CAS number is given for the parent compound only.
f)
The commercial chemical products, manufacturing chemical intermediates, or off-
specification commercial chemical products referred to in subsections (a) through
155
(d) of this Section, are identified as toxic wastes (T) unless otherwise designated
and are subject to the small quantity exclusion defined in Section 721.105(a) and
(g). These wastes and their corresponding USEPA hazardous waste numbers are
the following:
BOARD NOTE: For the convenience of the regulated community, the primary
hazardous properties of these materials have been indicated by the letters T
(Toxicity), R (Reactivity), I (Ignitability), and C (Corrosivity). The absence of a
letter indicates that the compound is only listed for toxicity. Wastes are first
listed in alphabetical order by substance and then listed again in numerical order
by USEPA hazardous waste number.
USEPA
Hazardous
Waste No.
Chemical
Abstracts No.
(CAS No.)
Substance
U394
30558-43-1
A2213
U001
75-07-0
Acetaldehyde (I)
U034
75-87-6
Acetaldehyde, trichloro-
U187
62-44-2
Acetamide, N-(4-ethoxyphenyl)-
U005
53-96-3
Acetamide, N-9H-fluoren-2-yl-
U240
P 94-75-7
Acetic acid, (2,4-dichlorophenoxy)-, salts and
esters
U112
141-78-6
Acetic acid, ethyl ester (I)
U144
301-04-2
Acetic acid, lead (2+) salt
U214
563-68-8
Acetic acid, thallium (1+) salt
See F027
93-76-5
Acetic acid, (2,4,5-trichlorophenoxy)-
U002
67-64-1
Acetone (I)
U003
75-05-8
Acetonitrile (I, T)
U004
98-86-2
Acetophenone
U005
53-96-3
2-Acetylaminofluorene
U006
75-36-5
Acetyl chloride (C, R, T)
U007
79-06-1
Acrylamide
U008
79-10-7
Acrylic acid (I)
U009
107-13-1
Acrylonitrile
U011
61-82-5
Amitrole
U012
62-53-3
Aniline (I, T)
U136
75-60-5
Arsinic acid, dimethyl-
U014
492-80-8
Auramine
U015
115-02-6
Azaserine
U010
50-07-7
Azirino(2',3':3,4)pyrrolo(1,2-a)indole-4,7-dione,
6-amino-8-(((aminocarbonyl)oxy)methyl)-
1,1a,2,8,8a,8b-hexahydro-8a-methoxy-5-methyl-
, (1a-S-(1aα,8β,8aα,8bα))-
U280
101-27-9
Barban
U278
22781-23-3
Bendiocarb
156
U364
22961-82-6
Bendiocarb phenol
U271
17804-35-2
Benomyl
U157
56-49-5
Benz(j)aceanthrylene, 1,2-dihydro-3-methyl-
U016
225-51-4
Benz(c)acridine
U017
98-87-3
Benzal chloride
U192
23950-58-5
Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-
propynyl)-
U018
56-55-3
Benz(a)anthracene
U094
57-97-6
Benz(a)anthracene, 7,12-dimethyl-
U012
62-53-3
Benzenamine (I, T)
U014
492-80-8
Benzenamine, 4,4'-carbonimidoylbis(N,N-di-
methyl-
U049
3165-93-3
Benzenamine, 4-chloro-2-methyl-, hydrochloride
U093
60-11-7
Benzenamine, N,N-dimethyl-4-(phenylazo)-
U328
95-53-4
Benzenamine, 2-methyl-
U353
106-49-0
Benzenamine, 4-methyl-
U158
101-14-4
Benzenamine, 4,4'-methylenebis(2-chloro-
U222
636-21-5
Benzenamine, 2-methyl-, hydrochloride
U181
99-55-8
Benzenamine, 2-methyl-5-nitro-
U019
71-43-2
Benzene (I, T)
U038
510-15-6
Benzeneacetic acid, 4-chloro-α-(4-chloro-
phenyl)-α-hydroxy-, ethyl ester
U030
101-55-3
Benzene, 1-bromo-4-phenoxy-
U035
305-03-3
Benzenebutanoic acid, 4-(bis(2-chloroethyl)-
amino)-
U037
108-90-7
Benzene, chloro-
U221
25376-45-8
Benzenediamine, ar-methyl-
U028
117-81-7
1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl)
ester
U069
84-74-2
1,2-Benzenedicarboxylic acid, dibutyl ester
U088
84-66-2
1,2-Benzenedicarboxylic acid, diethyl ester
U102
131-11-3
1,2-Benzenedicarboxylic acid, dimethyl ester
U107
117-84-0
1,2-Benzenedicarboxylic acid, dioctyl ester
U070
95-50-1
Benzene, 1,2-dichloro-
U071
541-73-1
Benzene, 1,3-dichloro-
U072
106-46-7
Benzene, 1,4-dichloro-
U060
72-54-8
Benzene, 1,1'-(2,2-dichloroethylidene)bis(4-
chloro-
U017
98-87-3
Benzene, (dichloromethyl)-
U223
26471-62-5
Benzene, 1,3-diisocyanatomethyl- (R, T)
U239
1330-20-7
Benzene, dimethyl- (I, T)
U201
108-46-3
1,3-Benzenediol
U127
118-74-1
Benzene, hexachloro-
U056
110-82-7
Benzene, hexahydro- (I)
U220
108-88-3
Benzene, methyl-
U105
121-14-2
Benzene, 1-methyl-2,4-dinitro-
157
U106
606-20-2
Benzene, 2-methyl-1,3-dinitro-
U055
98-82-8
Benzene, (1-methylethyl)- (I)
U169
98-95-3
Benzene, nitro-
U183
608-93-5
Benzene, pentachloro-
U185
82-68-8
Benzene, pentachloronitro-
U020
98-09-9
Benzenesulfonic acid chloride (C, R)
U020
98-09-9
Benzenesulfonyl chloride (C, R)
U207
95-94-3
Benzene, 1,2,4,5-tetrachloro-
U061
50-29-3
Benzene, 1,1'-(2,2,2-trichloroethylidene)bis(4-
chloro-
U247
72-43-5
Benzene, 1,1'-(2,2,2-trichloroethylidene)bis(4-
methoxy-
U023
98-07-7
Benzene, (trichloromethyl)-
U234
99-35-4
Benzene, 1,3,5-trinitro-
U021
92-87-5
Benzidene
U202
P 81-07-2
1,2-Benzisothiazol-3(2H)-one, 1,1-dioxide, and
salts
U203
94-59-7
1,3-Benzodioxole, 5-(2-propenyl)-
U141
120-58-1
1,3-Benzodioxole, 5-(1-propenyl)-
U090
94-58-6
1,3-Benzodioxole, 5-propyl-
U278
22781-23-3
1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl
carbamate
U364
22961-82-6
1,3-Benzodioxol-4-ol, 2,2-dimethyl-
U367
1563-38-8
7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-
U064
189-55-9
Benzo(rst)pentaphene
U248
P 81-81-2
2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-
phenylbutyl)-, and salts, when present at
concentrations of 0.3 percent or less
U022
50-32-8
Benzo(a)pyrene
U197
106-51-4
p-Benzoquinone
U023
98-07-7
Benzotrichloride (C, R, T)
U085
1464-53-5
2,2'-Bioxirane
U021
92-87-5
(1,1'-Biphenyl)-4,4'-diamine
U073
91-94-1
(1,1'-Biphenyl)-4,4'-diamine, 3,3'-dichloro-
U091
119-90-4
(1,1'-Biphenyl)-4,4'-diamine, 3,3'-dimethoxy-
U095
119-93-7
(1,1'-Biphenyl)-4,4'-diamine, 3,3'-dimethyl-
U225
75-25-2
Bromoform
U030
101-55-3
4-Bromophenyl phenyl ether
U128
87-68-3
1,3-Butadiene, 1,1,2,3,4,4-hexachloro-
U172
924-16-3
1-Butanamine, N-butyl-N-nitroso-
U031
71-36-3
1-Butanol (I)
U159
78-93-3
2-Butanone (I, T)
U160
1338-23-4
2-Butanone, peroxide (R, T)
U053
4170-30-3
2-Butenal
U074
764-41-0
2-Butene, 1,4-dichloro- (I, T)
158
U143
303-34-4
2-Butenoic acid, 2-methyl-, 7-((2,3-dihydroxy-2-
(1-methoxyethyl)-3-methyl-1-oxobutoxy)-
methyl)-2,3,5,7a-tetrahydro-1H-pyrrolizin-1-yl
ester, (1S-(1α(Z), 7(2S*,3R*), 7aα))-
U031
71-36-3
n-Butyl alcohol (I)
U136
75-60-5
Cacodylic acid
U032
13765-19-0
Calcium chromate
U372
10605-21-7
Carbamic acid, 1H-benzimidazol-2-yl, methyl
ester
U271
17804-35-2
Carbamic acid, (1-((butylamino)carbonyl)-1H-
benzimidazol-2-yl)-, methyl ester
U280
101-27-9
Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-
butynyl ester
U238
51-79-6
Carbamic acid, ethyl ester
U178
615-53-2
Carbamic acid, methylnitroso-, ethyl ester
U373
122-42-9
Carbamic acid, phenyl-, 1-methylethyl ester
U409
23564-05-8
Carbamic acid, (1,2-phenylenebis(iminocarbono-
thioyl))bis-, dimethyl ester
U097
79-44-7
Carbamic chloride, dimethyl-
U114
P 111-54-6
Carbamodithioic acid, 1,2-ethanediylbis-, salts
and esters
U062
2303-16-4
Carbamothioic acid, bis(1-methylethyl)-, S-(2,3-
dichloro-2-propenyl) ester
U389
2303-17-5
Carbamothioic acid, bis(1-methylethyl)-, S-
(2,3,3-trichloro-2-propenyl) ester
U387
52888-80-9
Carbamothioic acid, dipropyl-, S-(phenylmethyl)
ester
U279
63-25-2
Carbaryl
U372
10605-21-7
Carbendazim
U367
1563-38-8
Carbofuran phenol
U215
6533-73-9
Carbonic acid, dithallium (1+) salt
U033
353-50-4
Carbonic difluoride
U156
79-22-1
Carbonochloridic acid, methyl ester (I, T)
U033
353-50-4
Carbon oxyfluoride (R, T)
U211
56-23-5
Carbon tetrachloride
U034
75-87-6
Chloral
U035
305-03-3
Chlorambucil
U036
57-74-9
Chlordane,
α
and
γ
isomers
U026
494-03-1
Chlornaphazin
U037
108-90-7
Chlorobenzene
U038
510-15-6
Chlorobenzilate
U039
59-50-7
p-Chloro-m-cresol
U042
110-75-8
2-Chloroethyl vinyl ether
U044
67-66-3
Chloroform
U046
107-30-2
Chloromethyl methyl ether
U047
91-58-7
β-Chloronaphthalene
159
U048
95-57-8
o-Chlorophenol
U049
3165-93-3
4-Chloro-o-toluidine, hydrochloride
U032
13765-19-0
Chromic acid H
2
CrO
4
, calcium salt
U050
218-01-9
Chrysene
U051
Creosote
U052
1319-77-3
Cresol (Cresylic acid)
U053
4170-30-3
Crotonaldehyde
U055
98-82-8
Cumeme (I)
U246
506-68-3
Cyanogen bromide CNBr
U197
106-51-4
2,5-Cyclohexadiene-1,4-dione
U056
110-82-7
Cyclohexane (I)
U129
58-89-9
Cyclohexane, 1,2,3,4,5,6-hexachloro-,
(1α,2α,3β,4α,5α,6β)-
U057
108-94-1
Cyclohexanone (I)
U130
77-47-4
1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro-
U058
50-18-0
Cyclophosphamide
U240
P 94-75-7
2,4-D, salts and esters
U059
20830-81-3
Daunomycin
U060
72-54-8
DDD
U061
50-29-3
DDT
U062
2303-16-4
Diallate
U063
53-70-3
Dibenz(a,h)anthracene
U064
189-55-9
Dibenzo(a,i)pyrene
U066
96-12-8
1,2-Dibromo-3-chloropropane
U069
84-74-2
Dibutyl phthalate
U070
95-50-1
o-Dichlorobenzene
U071
541-73-1
m-Dichlorobenzene
U072
106-46-7
p-Dichlorobenzene
U073
91-94-1
3,3'-Dichlorobenzidine
U074
764-41-0
1,4-Dichloro-2-butene (I, T)
U075
75-71-8
Dichlorodifluoromethane
U078
75-35-4
1,1-Dichloroethylene
U079
156-60-5
1,2-Dichloroethylene
U025
111-44-4
Dichloroethyl ether
U027
108-60-1
Dichloroisopropyl ether
U024
111-91-1
Dichloromethoxy ethane
U081
120-83-2
2,4-Dichlorophenol
U082
87-65-0
2,6-Dichlorophenol
U084
542-75-6
1,3-Dichloropropene
U085
1464-53-5
1,2:3,4-Diepoxybutane (I, T)
U395
5952-26-1
Diethylene glycol, dicarbamate
U108
123-91-1
1,4-Diethyleneoxide
U028
117-81-7
Diethylhexyl phthalate
U086
1615-80-1
N,N’-Diethylhydrazine
U087
3288-58-2
O,O-Diethyl S-methyl dithiophosphate
U088
84-66-2
Diethyl phthalate
160
U089
56-53-1
Diethylstilbestrol
U090
94-58-6
Dihydrosafrole
U091
119-90-4
3,3'-Dimethoxybenzidine
U092
124-40-3
Dimethylamine (I)
U093
60-11-7
p-Dimethylaminoazobenzene
U094
57-97-6
7,12-Dimethylbenz(a)anthracene
U095
119-93-7
3,3'-Dimethylbenzidine
U096
80-15-9
α
,
α-Dimethylbenzylhydroperoxide
(R)
U097
79-44-7
Dimethylcarbamoyl chloride
U098
57-14-7
1,1-Dimethylhydrazine
U099
540-73-8
1,2-Dimethylhydrazine
U101
105-67-9
2,4-Dimethylphenol
U102
131-11-3
Dimethyl phthalate
U103
77-78-1
Dimethyl sulfate
U105
121-14-2
2,4-Dinitrotoluene
U106
606-20-2
2,6-Dinitrotoluene
U107
117-84-0
Di-n-octyl phthalate
U108
123-91-1
1,4-Dioxane
U109
122-66-7
1,2-Diphenylhydrazine
U110
142-84-7
Dipropylamine (I)
U111
621-64-7
Di-n-propylnitrosamine
U041
106-89-8
Epichlorohydrin
U001
75-07-0
Ethanal (I)
U404
121-44-8
Ethanamine, N,N-diethyl-
U174
55-18-5
Ethanamine, N-ethyl-N-nitroso-
U155
91-80-5
1,2-Ethanediamine, N,N-dimethyl-N’-2-
pyridinyl-N’-(2-thienylmethyl)-
U067
106-93-4
Ethane, 1,2-dibromo-
U076
75-34-3
Ethane, 1,1-dichloro-
U077
107-06-2
Ethane, 1,2-dichloro-
U131
67-72-1
Ethane, hexachloro-
U024
111-91-1
Ethane, 1,1'-(methylenebis(oxy))bis(2-chloro-
U117
60-29-7
Ethane, 1,1'-oxybis- (I)
U025
111-44-4
Ethane, 1,1'-oxybis(2-chloro-
U184
76-01-7
Ethane, pentachloro-
U208
630-20-6
Ethane, 1,1,1,2-tetrachloro-
U209
79-34-5
Ethane, 1,1,2,2-tetrachloro-
U218
62-55-5
Ethanethioamide
U226
71-55-6
Ethane, 1,1,1-trichloro-
U227
79-00-5
Ethane, 1,1,2-trichloro-
U410
59669-26-0
Ethanimidothioic acid, N,N’- (thiobis((methyl-
imino)carbonyloxy))bis-, dimethyl ester
U394
30558-43-1
Ethanimidothioic acid, 2-(dimethylamino)-N-
hydroxy-2-oxo-, methyl ester
U359
110-80-5
Ethanol, 2-ethoxy-
U173
1116-54-7
Ethanol, 2,2'-(nitrosoimino)bis-
161
U395
5952-26-1
Ethanol, 2,2'-oxybis-, dicarbamate
U004
98-86-2
Ethanone, 1-phenyl-
U043
75-01-4
Ethene, chloro-
U042
110-75-8
Ethene, (2-chloroethoxy)-
U078
75-35-4
Ethene, 1,1-dichloro-
U079
156-60-5
Ethene, 1,2-dichloro-, (E)-
U210
127-18-4
Ethene, tetrachloro-
U228
79-01-6
Ethene, trichloro-
U112
141-78-6
Ethyl acetate (I)
U113
140-88-5
Ethyl acrylate (I)
U238
51-79-6
Ethyl carbamate (urethane)
U117
60-29-7
Ethyl ether
U114
P 111-54-6
Ethylenebisdithiocarbamic acid, salts and esters
U067
106-93-4
Ethylene dibromide
U077
107-06-2
Ethylene dichloride
U359
110-80-5
Ethylene glycol monoethyl ether
U115
75-21-8
Ethylene oxide (I, T)
U116
96-45-7
Ethylenethiourea
U076
75-34-3
Ethylidene dichloride
U118
97-63-2
Ethyl methacrylate
U119
62-50-0
Ethyl methanesulfonate
U120
206-44-0
Fluoranthene
U122
50-00-0
Formaldehyde
U123
64-18-6
Formic acid (C, T)
U124
110-00-9
Furan (I)
U125
98-01-1
2-Furancarboxaldehyde (I)
U147
108-31-6
2,5-Furandione
U213
109-99-9
Furan, tetrahydro- (I)
U125
98-01-1
Furfural (I)
U124
110-00-9
Furfuran (I)
U206
18883-66-4
Glucopyranose, 2-deoxy-2-(3-methyl-3-nitroso-
ureido)-, D-
U206
18883-66-4
D-Glucose, 2-deoxy-2-(((methylnitrosoamino)-
carbonyl)amino)-
U126
765-34-4
Glycidylaldehyde
U163
70-25-7
Guanidine, N-methyl-N’-nitro-N-nitroso-
U127
118-74-1
Hexachlorobenzene
U128
87-68-3
Hexachlorobutadiene
U130
77-47-4
Hexachlorocyclopentadiene
U131
67-72-1
Hexachloroethane
U132
70-30-4
Hexachlorophene
U243
1888-71-7
Hexachloropropene
U133
302-01-2
Hydrazine (R, T)
U086
1615-80-1
Hydrazine, 1,2-diethyl-
U098
57-14-7
Hydrazine, 1,1-dimethyl-
U099
540-73-8
Hydrazine, 1,2-dimethyl-
162
U109
122-66-7
Hydrazine, 1,2-diphenyl-
U134
7664-39-3
Hydrofluoric acid (C, T)
U134
7664-39-3
Hydrogen fluoride (C, T)
U135
7783-06-4
Hydrogen sulfide
U135
7783-06-4
Hydrogen sulfide H
2
S
U096
80-15-9
Hydroperoxide, 1-methyl-1-phenylethyl- (R)
U116
96-45-7
2-Imidazolidinethione
U137
193-39-5
Indeno(1,2,3-cd)pyrene
U190
85-44-9
1,3-Isobenzofurandione
U140
78-83-1
Isobutyl alcohol (I, T)
U141
120-58-1
Isosafrole
U142
143-50-0
Kepone
U143
303-34-4
Lasiocarpene
U144
301-04-2
Lead acetate
U146
1335-32-6
Lead, bis(acetato-O)tetrahydroxytri-
U145
7446-27-7
Lead phosphate
U146
1335-32-6
Lead subacetate
U129
58-89-9
Lindane
U163
70-25-7
MNNG
U147
108-31-6
Maleic anhydride
U148
123-33-1
Maleic hydrazide
U149
109-77-3
Malononitrile
U150
148-82-3
Melphalan
U151
7439-97-6
Mercury
U152
126-98-7
Methacrylonitrile (I, T)
U092
124-40-3
Methanamine, N-methyl- (I)
U029
74-83-9
Methane, bromo-
U045
74-87-3
Methane, chloro- (I, T)
U046
107-30-2
Methane, chloromethoxy-
U068
74-95-3
Methane, dibromo-
U080
75-09-2
Methane, dichloro-
U075
75-71-8
Methane, dichlorodifluoro-
U138
74-88-4
Methane, iodo-
U119
62-50-0
Methanesulfonic acid, ethyl ester
U211
56-23-5
Methane, tetrachloro-
U153
74-93-1
Methanethiol (I, T)
U225
75-25-2
Methane, tribromo-
U044
67-66-3
Methane, trichloro-
U121
75-69-4
Methane, trichlorofluoro-
U036
57-74-9
4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8-
octachloro-2,3,3a,4,7,7a-hexahydro-
U154
67-56-1
Methanol (I)
U155
91-80-5
Methapyrilene
U142
143-50-0
1,3,4-Metheno-2H-cyclobuta(cd)pentalen-2-one,
1,1a,3,3a,4,5,5,5a,5b,6-decachlorooctahydro-
U247
72-43-5
Methoxychlor
163
U154
67-56-1
Methyl alcohol (I)
U029
74-83-9
Methyl bromide
U186
504-60-9
1-Methylbutadiene (I)
U045
74-87-3
Methyl chloride (I, T)
U156
79-22-1
Methyl chlorocarbonate (I, T)
U226
71-55-6
Methylchloroform
U157
56-49-5
3-Methylcholanthrene
U158
101-14-4
4,4'-Methylenebis(2-chloroaniline)
U068
74-95-3
Methylene bromide
U080
75-09-2
Methylene chloride
U159
78-93-3
Methyl ethyl ketone (MEK) (I, T)
U160
1338-23-4
Methyl ethyl ketone peroxide (R, T)
U138
74-88-4
Methyl iodide
U161
108-10-1
Methyl isobutyl ketone (I)
U162
80-62-6
Methyl methacrylate (I, T)
U161
108-10-1
4-Methyl-2-pentanone (I)
U164
56-04-2
Methylthiouracil
U010
50-07-7
Mitomycin C
U059
20830-81-3
5,12-Naphthacenedione, 8-acetyl-10-((3-amino-
2,3,6-trideoxy)-α-L-lyxo-hexapyranosyl)oxyl)-
7,8,9,10-tetrahydro-6,8,11-trihydroxy-1-
methoxy-, (8S-cis)-
U167
134-32-7
1-Naphthalenamine
U168
91-59-8
2-Naphthalenamine
U026
494-03-1
Naphthaleneamine, N,N’-bis(2-chloroethyl)-
U165
91-20-3
Naphthalene
U047
91-58-7
Naphthalene, 2-chloro-
U166
130-15-4
1,4-Naphthalenedione
U236
72-57-1
2,7-Naphthalenedisulfonic acid, 3,3'-((3,3'-di-
methyl-(1,1'-biphenyl)-4,4'-diyl)bis(azo)bis(5-
amino-4-hydroxy)-, tetrasodium salt
U279
63-25-2
1-Naphthalenol, methylcarbamate
U166
130-15-4
1,4-Naphthoquinone
U167
134-32-7
α-Naphthylamine
U168
91-59-8
β-Naphthylamine
U217
10102-45-1
Nitric acid, thallium (1+) salt
U169
98-95-3
Nitrobenzene (I, T)
U170
100-02-7
p-Nitrophenol
U171
79-46-9
2-Nitropropane (I, T)
U172
924-16-3
N-Nitrosodi-n-butylamine
U173
1116-54-7
N-Nitrosodiethanolamine
U174
55-18-5
N-Nitrosodiethylamine
U176
759-73-9
N-Nitroso-N-ethylurea
U177
684-93-5
N-Nitroso-N-methylurea
U178
615-53-2
N-Nitroso-N-methylurethane
U179
100-75-4
N-Nitrosopiperidine
164
U180
930-55-2
N-Nitrosopyrrolidine
U181
99-55-8
5-Nitro-o-toluidine
U193
1120-71-4
1,2-Oxathiolane, 2,2-dioxide
U058
50-18-0
2H-1,3,2-Oxazaphosphorin-2-amine, N,N-bis(2-
chloroethyl)tetrahydro-, 2-oxide
U115
75-21-8
Oxirane (I, T)
U126
765-34-4
Oxiranecarboxyaldehyde
U041
106-89-8
Oxirane, (chloromethyl)-
U182
123-63-7
Paraldehyde
U183
608-93-5
Pentachlorobenzene
U184
76-01-7
Pentachloroethane
U185
82-68-8
Pentachloronitrobenzene (PCNB)
See F027
87-86-5
Pentachlorophenol
U161
108-10-1
Pentanol, 4-methyl-
U186
504-60-9
1,3-Pentadiene (I)
U187
62-44-2
Phenacetin
U188
108-95-2
Phenol
U048
95-57-8
Phenol, 2-chloro-
U039
59-50-7
Phenol, 4-chloro-3-methyl-
U081
120-83-2
Phenol, 2,4-dichloro-
U082
87-65-0
Phenol, 2,6-dichloro-
U089
56-53-1
Phenol, 4,4'-(1,2-diethyl-1,2-ethenediyl)bis-, (E)-
U101
105-67-9
Phenol, 2,4-dimethyl-
U052
1319-77-3
Phenol, methyl-
U132
70-30-4
Phenol, 2,2'-methylenebis(3,4,6-trichloro-
U411
114-26-1
Phenol, 2-(1-methylethoxy)-, methylcarbamate
U170
100-02-7
Phenol, 4-nitro-
See F027
87-86-5
Phenol, pentachloro-
See F027
58-90-2
Phenol, 2,3,4,6-tetrachloro-
See F027
95-95-4
Phenol, 2,4,5-trichloro-
See F027
88-06-2
Phenol, 2,4,6-trichloro-
U150
148-82-3
L-Phenylalanine, 4-(bis(2-chloroethyl)amino)-
U145
7446-27-7
Phosphoric acid, lead (2+) salt (2:3)
U087
3288-58-2
Phosphorodithioic acid, O,O-diethyl S-methyl
ester
U189
1314-80-3
Phosphorus sulfide (R)
U190
85-44-9
Phthalic anhydride
U191
109-06-8
2-Picoline
U179
100-75-4
Piperidine, 1-nitroso-
U192
23950-58-5
Pronamide
U194
107-10-8
1-Propanamine (I, T)
U111
621-64-7
1-Propanamine, N-nitroso-N-propyl-
U110
142-84-7
1-Propanamine, N-propyl- (I)
U066
96-12-8
Propane, 1,2-dibromo-3-chloro-
U083
78-87-5
Propane, 1,2-dichloro-
U149
109-77-3
Propanedinitrile
165
U171
79-46-9
Propane, 2-nitro- (I, T)
U027
108-60-1
Propane, 2,2'-oxybis(2-chloro-
See F027
93-72-1
Propanoic acid, 2-(2,4,5-trichlorophenoxy)-
U193
1120-71-4
1,3-Propane sultone
U235
126-72-7
1-Propanol, 2,3-dibromo-, phosphate (3:1)
U140
78-83-1
1-Propanol, 2-methyl- (I, T)
U002
67-64-1
2-Propanone (I)
U007
79-06-1
2-Propenamide
U084
542-75-6
1-Propene, 1,3-dichloro-
U243
1888-71-7
1-Propene, 1,1,2,3,3,3-hexachloro-
U009
107-13-1
2-Propenenitrile
U152
126-98-7
2-Propenenitrile, 2-methyl- (I, T)
U008
79-10-7
2-Propenoic acid (I)
U113
140-88-5
2-Propenoic acid, ethyl ester (I)
U118
97-63-2
2-Propenoic acid, 2-methyl-, ethyl ester
U162
80-62-6
2-Propenoic acid, 2-methyl-, methyl ester (I, T)
U373
122-42-9
Propham
U411
114-26-1
Propoxur
See F027
93-72-1
Propionic acid, 2-(2,4,5-trichlorophenoxy)-
U194
107-10-8
n-Propylamine (I, T)
U083
78-87-5
Propylene dichloride
U387
52888-80-9
Prosulfocarb
U148
123-33-1
3,6-Pyridazinedione, 1,2-dihydro-
U196
110-86-1
Pyridine
U191
109-06-8
Pyridine, 2-methyl-
U237
66-75-1
2,4-(1H,3H)-Pyrimidinedione, 5-(bis(2-chloro-
ethyl)amino)-
U164
58-04-2
4(1H)-Pyrimidinone, 2,3-dihydro-6-methyl-2-
thioxo-
U180
930-55-2
Pyrrolidine, 1-nitroso-
U200
50-55-5
Reserpine
U201
108-46-3
Resorcinol
U202
P 81-07-2
Saccharin and salts
U203
94-59-7
Safrole
U204
7783-00-8
Selenious acid
U204
7783-00-8
Selenium dioxide
U205
7488-56-4
Selenium sulfide
U205
7488-56-4
Selenium sulfide SeS
2
(R, T)
U015
115-02-6
L-Serine, diazoacetate (ester)
See F027
93-72-1
Silvex (2,4,5-TP)
U206
18883-66-4
Streptozotocin
U103
77-78-1
Sulfuric acid, dimethyl ester
U189
1314-80-3
Sulfur phosphide (R)
See F027
93-76-5
2,4,5-T
U207
95-94-3
1,2,4,5-Tetrachlorobenzene
U208
630-20-6
1,1,1,2-Tetrachloroethane
166
U209
79-34-5
1,1,2,2-Tetrachloroethane
U210
127-18-4
Tetrachloroethylene
See F027
58-90-2
2,3,4,6-Tetrachlorophenol
U213
109-99-9
Tetrahydrofuran (I)
U214
563-68-8
Thallium (I) acetate
U215
6533-73-9
Thallium (I) carbonate
U216
7791-12-0
Thallium (I) chloride
U216
7791-12-0
Thallium chloride TlCl
U217
10102-45-1
Thallium (I) nitrate
U218
62-55-5
Thioacetamide
U410
59669-26-0
Thiodicarb
U153
74-93-1
Thiomethanol (I, T)
U244
137-26-8
Thioperoxydicarbonic diamide ((H
2
N)C(S))
2
S
2
,
tetramethyl-
U409
23564-05-8
Thiophanate-methyl
U219
62-56-6
Thiourea
U244
137-26-8
Thiram
U220
108-88-3
Toluene
U221
25376-45-8
Toluenediamine
U223
26471-62-5
Toluene diisocyanate (R, T)
U328
95-53-4
o-Toluidine
U353
106-49-0
p-Toluidine
U222
636-21-5
o-Toluidine hydrochloride
U389
2303-17-5
Triallate
U011
61-82-5
1H-1,2,4-Triazol-3-amine
U227
79-00-5
Ethane, 1,1,2-trichloro-
U227
79-00-5
1,1,2-Trichloroethane
U228
79-01-6
Trichloroethylene
U121
75-69-4
Trichloromonofluoromethane
See F027
95-95-4
2,4,5-Trichlorophenol
See F027
88-06-2
2,4,6-Trichlorophenol
U404
121-44-8
Triethylamine
U234
99-35-4
1,3,5-Trinitrobenzene (R, T)
U182
123-63-7
1,3,5-Trioxane, 2,4,6-trimethyl-
U235
126-72-7
Tris(2,3-dibromopropyl) phosphate
U236
72-57-1
Trypan blue
U237
66-75-1
Uracil mustard
U176
759-73-9
Urea, N-ethyl-N-nitroso-
U177
684-93-5
Urea, N-methyl-N-nitroso-
U043
75-01-4
Vinyl chloride
U248
P 81-81-2
Warfarin, and salts, when present at
concentrations of 0.3 percent or less
U239
1330-20-7
Xylene (I)
U200
50-55-5
Yohimban-16-carboxylic acid, 11,17-dimethoxy-
18-((3,4,5-trimethoxybenzoyl)oxy)-, methyl
ester, (3β,16β,17α,18β,20α)-
167
U249
1314-84-7
Zinc phosphide Zn
3
P
2
, when present at
concentrations of 10 percent or less
Numerical Listing
USEPA
Hazardous
Waste No.
Chemical
Abstracts No.
(CAS No.)
Substance
U001
75-07-0
Acetaldehyde (I)
U001
75-07-0
Ethanal (I)
U002
67-64-1
Acetone (I)
U002
67-64-1
2-Propanone (I)
U003
75-05-8
Acetonitrile (I, T)
U004
98-86-2
Acetophenone
U004
98-86-2
Ethanone, 1-phenyl-
U005
53-96-3
Acetamide, N-9H-fluoren-2-yl-
U005
53-96-3
2-Acetylaminofluorene
U006
75-36-5
Acetyl chloride (C, R, T)
U007
79-06-1
Acrylamide
U007
79-06-1
2-Propenamide
U008
79-10-7
Acrylic acid (I)
U008
79-10-7
2-Propenoic acid (I)
U009
107-13-1
Acrylonitrile
U009
107-13-1
2-Propenenitrile
U010
50-07-7
Azirino(2',3':3,4)pyrrolo(1,2-a)indole-4,7-dione,
6-amino-8-(((aminocarbonyl)oxy)methyl)-
1,1a,2,8,8a,8b-hexahydro-8a-methoxy-5-methyl-
, (1a-S-(1aα,8β,8aα,8bα))-
U010
50-07-7
Mitomycin C
U011
61-82-5
Amitrole
U011
61-82-5
1H-1,2,4-Triazol-3-amine
U012
62-53-3
Aniline (I, T)
U012
62-53-3
Benzenamine (I, T)
U014
492-80-8
Auramine
U014
492-80-8
Benzenamine, 4,4'-carbonimidoylbis(N,N-di-
methyl-
U015
115-02-6
Azaserine
U015
115-02-6
L-Serine, diazoacetate (ester)
U016
225-51-4
Benz(c)acridine
U017
98-87-3
Benzal chloride
U017
98-87-3
Benzene, (dichloromethyl)-
U018
56-55-3
Benz(a)anthracene
U019
71-43-2
Benzene (I, T)
U020
98-09-9
Benzenesulfonic acid chloride (C, R)
U020
98-09-9
Benzenesulfonyl chloride (C, R)
168
U021
92-87-5
Benzidene
U021
92-87-5
(1,1'-Biphenyl)-4,4'-diamine
U022
50-32-8
Benzo(a)pyrene
U023
98-07-7
Benzene, (trichloromethyl)-
U023
98-07-7
Benzotrichloride (C, R, T)
U024
111-91-1
Dichloromethoxy ethane
U024
111-91-1
Ethane, 1,1'-(methylenebis(oxy))bis(2-chloro-
U025
111-44-4
Dichloroethyl ether
U025
111-44-4
Ethane, 1,1'-oxybis(2-chloro-
U026
494-03-1
Chlornaphazin
U026
494-03-1
Naphthaleneamine, N,N’-bis(2-chloroethyl)-
U027
108-60-1
Dichloroisopropyl ether
U027
108-60-1
Propane, 2,2'-oxybis(2-chloro-
U028
117-81-7
1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl)
ester
U028
117-81-7
Diethylhexyl phthalate
U029
74-83-9
Methane, bromo-
U029
74-83-9
Methyl bromide
U030
101-55-3
Benzene, 1-bromo-4-phenoxy-
U030
101-55-3
4-Bromophenyl phenyl ether
U031
71-36-3
1-Butanol (I)
U031
71-36-3
n-Butyl alcohol (I)
U032
13765-19-0
Calcium chromate
U032
13765-19-0
Chromic acid H
2
CrO
4
, calcium salt
U033
353-50-4
Carbonic difluoride
U033
353-50-4
Carbon oxyfluoride (R, T)
U034
75-87-6
Acetaldehyde, trichloro-
U034
75-87-6
Chloral
U035
305-03-3
Benzenebutanoic acid, 4-(bis(2-chloroethyl)-
amino)-
U035
305-03-3
Chlorambucil
U036
57-74-9
Chlordane,
α
and
γ
isomers
U036
57-74-9
4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8-
octachloro-2,3,3a,4,7,7a-hexahydro-
U037
108-90-7
Benzene, chloro-
U037
108-90-7
Chlorobenzene
U038
510-15-6
Benzeneacetic acid, 4-chloro-α-(4-chloro-
phenyl)-α-hydroxy-, ethyl ester
U038
510-15-6
Chlorobenzilate
U039
59-50-7
p-Chloro-m-cresol
U039
59-50-7
Phenol, 4-chloro-3-methyl-
U041
106-89-8
Epichlorohydrin
U041
106-89-8
Oxirane, (chloromethyl)-
U042
110-75-8
2-Chloroethyl vinyl ether
U042
110-75-8
Ethene, (2-chloroethoxy)-
U043
75-01-4
Ethene, chloro-
169
U043
75-01-4
Vinyl chloride
U044
67-66-3
Chloroform
U044
67-66-3
Methane, trichloro-
U045
74-87-3
Methane, chloro- (I, T)
U045
74-87-3
Methyl chloride (I, T)
U046
107-30-2
Chloromethyl methyl ether
U046
107-30-2
Methane, chloromethoxy-
U047
91-58-7
β-Chloronaphthalene
U047
91-58-7
Naphthalene, 2-chloro-
U048
95-57-8
o-Chlorophenol
U048
95-57-8
Phenol, 2-chloro-
U049
3165-93-3
Benzenamine, 4-chloro-2-methyl-, hydrochloride
U049
3165-93-3
4-Chloro-o-toluidine, hydrochloride
U050
218-01-9
Chrysene
U051
Creosote
U052
1319-77-3
Cresol (Cresylic acid)
U052
1319-77-3
Phenol, methyl-
U053
4170-30-3
2-Butenal
U053
4170-30-3
Crotonaldehyde
U055
98-82-8
Benzene, (1-methylethyl)- (I)
U055
98-82-8
Cumeme (I)
U056
110-82-7
Benzene, hexahydro- (I)
U056
110-82-7
Cyclohexane (I)
U057
108-94-1
Cyclohexanone (I)
U058
50-18-0
Cyclophosphamide
U058
50-18-0
2H-1,3,2-Oxazaphosphorin-2-amine, N,N-bis(2-
chloroethyl)tetrahydro-, 2-oxide
U059
20830-81-3
Daunomycin
U059
20830-81-3
5,12-Naphthacenedione, 8-acetyl-10-((3-amino-
2,3,6-trideoxy)-α-L-lyxo-hexapyranosyl)oxyl)-
7,8,9,10-tetrahydro-6,8,11-trihydroxy-1-
methoxy-, (8S-cis)-
U060
72-54-8
Benzene, 1,1'-(2,2-dichloroethylidene)bis(4-
chloro-
U060
72-54-8
DDD
U061
50-29-3
Benzene, 1,1'-(2,2,2-trichloroethylidene)bis(4-
chloro-
U061
50-29-3
DDT
U062
2303-16-4
Carbamothioic acid, bis(1-methylethyl)-, S-(2,3-
dichloro-2-propenyl) ester
U062
2303-16-4
Diallate
U063
53-70-3
Dibenz(a,h)anthracene
U064
189-55-9
Benzo(rst)pentaphene
U064
189-55-9
Dibenzo(a,i)pyrene
U066
96-12-8
1,2-Dibromo-3-chloropropane
U066
96-12-8
Propane, 1,2-dibromo-3-chloro-
170
U067
106-93-4
Ethane, 1,2-dibromo-
U067
106-93-4
Ethylene dibromide
U068
74-95-3
Methane, dibromo-
U068
74-95-3
Methylene bromide
U069
84-74-2
1,2-Benzenedicarboxylic acid, dibutyl ester
U069
84-74-2
Dibutyl phthalate
U070
95-50-1
Benzene, 1,2-dichloro-
U070
95-50-1
o-Dichlorobenzene
U071
541-73-1
Benzene, 1,3-dichloro-
U071
541-73-1
m-Dichlorobenzene
U072
106-46-7
Benzene, 1,4-dichloro-
U072
106-46-7
p-Dichlorobenzene
U073
91-94-1
(1,1'-Biphenyl)-4,4'-diamine, 3,3'-dichloro-
U073
91-94-1
3,3'-Dichlorobenzidine
U074
764-41-0
2-Butene, 1,4-dichloro- (I, T)
U074
764-41-0
1,4-Dichloro-2-butene (I, T)
U075
75-71-8
Dichlorodifluoromethane
U075
75-71-8
Methane, dichlorodifluoro-
U076
75-34-3
Ethane, 1,1-dichloro-
U076
75-34-3
Ethylidene dichloride
U077
107-06-2
Ethane, 1,2-dichloro-
U077
107-06-2
Ethylene dichloride
U078
75-35-4
1,1-Dichloroethylene
U078
75-35-4
Ethene, 1,1-dichloro-
U079
156-60-5
1,2-Dichloroethylene
U079
156-60-5
Ethene, 1,2-dichloro-, (E)-
U080
75-09-2
Methane, dichloro-
U080
75-09-2
Methylene chloride
U081
120-83-2
2,4-Dichlorophenol
U081
120-83-2
Phenol, 2,4-dichloro-
U082
87-65-0
2,6-Dichlorophenol
U082
87-65-0
Phenol, 2,6-dichloro-
U083
78-87-5
Propane, 1,2-dichloro-
U083
78-87-5
Propylene dichloride
U084
542-75-6
1,3-Dichloropropene
U084
542-75-6
1-Propene, 1,3-dichloro-
U085
1464-53-5
2,2'-Bioxirane
U085
1464-53-5
1,2:3,4-Diepoxybutane (I, T)
U086
1615-80-1
N,N’-Diethylhydrazine
U086
1615-80-1
Hydrazine, 1,2-diethyl-
U087
3288-58-2
O,O-Diethyl S-methyl dithiophosphate
U087
3288-58-2
Phosphorodithioic acid, O,O-diethyl S-methyl
ester
U088
84-66-2
1,2-Benzenedicarboxylic acid, diethyl ester
U088
84-66-2
Diethyl phthalate
U089
56-53-1
Diethylstilbestrol
171
U089
56-53-1
Phenol, 4,4'-(1,2-diethyl-1,2-ethenediyl)bis-, (E)-
U090
94-58-6
1,3-Benzodioxole, 5-propyl-
U090
94-58-6
Dihydrosafrole
U091
119-90-4
(1,1'-Biphenyl)-4,4'-diamine, 3,3'-dimethoxy-
U091
119-90-4
3,3'-Dimethoxybenzidine
U092
124-40-3
Dimethylamine (I)
U092
124-40-3
Methanamine, N-methyl- (I)
U093
60-11-7
Benzenamine, N,N-dimethyl-4-(phenylazo)-
U093
60-11-7
p-Dimethylaminoazobenzene
U094
57-97-6
Benz(a)anthracene, 7,12-dimethyl-
U094
57-97-6
7,12-Dimethylbenz(a)anthracene
U095
119-93-7
(1,1'-Biphenyl)-4,4'-diamine, 3,3'-dimethyl-
U095
119-93-7
3,3'-Dimethylbenzidine
U096
80-15-9
α
,
α-Dimethylbenzylhydroperoxide
(R)
U096
80-15-9
Hydroperoxide, 1-methyl-1-phenylethyl- (R)
U097
79-44-7
Carbamic chloride, dimethyl-
U097
79-44-7
Dimethylcarbamoyl chloride
U098
57-14-7
1,1-Dimethylhydrazine
U098
57-14-7
Hydrazine, 1,1-dimethyl-
U099
540-73-8
1,2-Dimethylhydrazine
U099
540-73-8
Hydrazine, 1,2-dimethyl-
U101
105-67-9
2,4-Dimethylphenol
U101
105-67-9
Phenol, 2,4-dimethyl-
U102
131-11-3
1,2-Benzenedicarboxylic acid, dimethyl ester
U102
131-11-3
Dimethyl phthalate
U103
77-78-1
Dimethyl sulfate
U103
77-78-1
Sulfuric acid, dimethyl ester
U105
121-14-2
Benzene, 1-methyl-2,4-dinitro-
U105
121-14-2
2,4-Dinitrotoluene
U106
606-20-2
Benzene, 2-methyl-1,3-dinitro-
U106
606-20-2
2,6-Dinitrotoluene
U107
117-84-0
1,2-Benzenedicarboxylic acid, dioctyl ester
U107
117-84-0
Di-n-octyl phthalate
U108
123-91-1
1,4-Diethyleneoxide
U108
123-91-1
1,4-Dioxane
U109
122-66-7
1,2-Diphenylhydrazine
U109
122-66-7
Hydrazine, 1,2-diphenyl-
U110
142-84-7
Dipropylamine (I)
U110
142-84-7
1-Propanamine, N-propyl- (I)
U111
621-64-7
Di-n-propylnitrosamine
U111
621-64-7
1-Propanamine, N-nitroso-N-propyl-
U112
141-78-6
Acetic acid, ethyl ester (I)
U112
141-78-6
Ethyl acetate (I)
U113
140-88-5
Ethyl acrylate (I)
U113
140-88-5
2-Propenoic acid, ethyl ester (I)
172
U114
P 111-54-6
Carbamodithioic acid, 1,2-ethanediylbis-, salts
and esters
U114
P 111-54-6
Ethylenebisdithiocarbamic acid, salts and esters
U115
75-21-8
Ethylene oxide (I, T)
U115
75-21-8
Oxirane (I, T)
U116
96-45-7
Ethylenethiourea
U116
96-45-7
2-Imidazolidinethione
U117
60-29-7
Ethane, 1,1'-oxybis- (I)
U117
60-29-7
Ethyl ether
U118
97-63-2
Ethyl methacrylate
U118
97-63-2
2-Propenoic acid, 2-methyl-, ethyl ester
U119
62-50-0
Ethyl methanesulfonate
U119
62-50-0
Methanesulfonic acid, ethyl ester
U120
206-44-0
Fluoranthene
U121
75-69-4
Methane, trichlorofluoro-
U121
75-69-4
Trichloromonofluoromethane
U122
50-00-0
Formaldehyde
U123
64-18-6
Formic acid (C, T)
U124
110-00-9
Furan (I)
U124
110-00-9
Furfuran (I)
U125
98-01-1
2-Furancarboxaldehyde (I)
U125
98-01-1
Furfural (I)
U126
765-34-4
Glycidylaldehyde
U126
765-34-4
Oxiranecarboxyaldehyde
U127
118-74-1
Benzene, hexachloro-
U127
118-74-1
Hexachlorobenzene
U128
87-68-3
1,3-Butadiene, 1,1,2,3,4,4-hexachloro-
U128
87-68-3
Hexachlorobutadiene
U129
58-89-9
Cyclohexane, 1,2,3,4,5,6-hexachloro-,
(1α,2α,3β,4α,5α,6β)-
U129
58-89-9
Lindane
U130
77-47-4
1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro-
U130
77-47-4
Hexachlorocyclopentadiene
U131
67-72-1
Ethane, hexachloro-
U131
67-72-1
Hexachloroethane
U132
70-30-4
Hexachlorophene
U132
70-30-4
Phenol, 2,2'-methylenebis(3,4,6-trichloro-
U133
302-01-2
Hydrazine (R, T)
U134
7664-39-3
Hydrofluoric acid (C, T)
U134
7664-39-3
Hydrogen fluoride (C, T)
U135
7783-06-4
Hydrogen sulfide
U135
7783-06-4
Hydrogen sulfide H
2
S
U136
75-60-5
Arsinic acid, dimethyl-
U136
75-60-5
Cacodylic acid
U137
193-39-5
Indeno(1,2,3-cd)pyrene
U138
74-88-4
Methane, iodo-
173
U138
74-88-4
Methyl iodide
U140
78-83-1
Isobutyl alcohol (I, T)
U140
78-83-1
1-Propanol, 2-methyl- (I, T)
U141
120-58-1
1,3-Benzodioxole, 5-(1-propenyl)-
U141
120-58-1
Isosafrole
U142
143-50-0
Kepone
U142
143-50-0
1,3,4-Metheno-2H-cyclobuta(cd)pentalen-2-one,
1,1a,3,3a,4,5,5,5a,5b,6-decachlorooctahydro-
U143
303-34-4
2-Butenoic acid, 2-methyl-, 7-((2,3-dihydroxy-2-
(1-methoxyethyl)-3-methyl-1-oxobutoxy)-
methyl)-2,3,5,7a-tetrahydro-1H-pyrrolizin-1-yl
ester, (1S-(1α(Z), 7(2S*,3R*), 7aα))-
U143
303-34-4
Lasiocarpene
U144
301-04-2
Acetic acid, lead (2+) salt
U144
301-04-2
Lead acetate
U145
7446-27-7
Lead phosphate
U145
7446-27-7
Phosphoric acid, lead (2+) salt (2:3)
U146
1335-32-6
Lead, bis(acetato-O)tetrahydroxytri-
U146
1335-32-6
Lead subacetate
U147
108-31-6
2,5-Furandione
U147
108-31-6
Maleic anhydride
U148
123-33-1
Maleic hydrazide
U148
123-33-1
3,6-Pyridazinedione, 1,2-dihydro-
U149
109-77-3
Malononitrile
U149
109-77-3
Propanedinitrile
U150
148-82-3
Melphalan
U150
148-82-3
L-Phenylalanine, 4-(bis(2-chloroethyl)amino)-
U151
7439-97-6
Mercury
U152
126-98-7
Methacrylonitrile (I, T)
U152
126-98-7
2-Propenenitrile, 2-methyl- (I, T)
U153
74-93-1
Methanethiol (I, T)
U153
74-93-1
Thiomethanol (I, T)
U154
67-56-1
Methanol (I)
U154
67-56-1
Methyl alcohol (I)
U155
91-80-5
1,2-Ethanediamine, N,N-dimethyl-N’-2-
pyridinyl-N’-(2-thienylmethyl)-
U155
91-80-5
Methapyrilene
U156
79-22-1
Carbonochloridic acid, methyl ester (I, T)
U156
79-22-1
Methyl chlorocarbonate (I, T)
U157
56-49-5
Benz(j)aceanthrylene, 1,2-dihydro-3-methyl-
U157
56-49-5
3-Methylcholanthrene
U158
101-14-4
Benzenamine, 4,4'-methylenebis(2-chloro-
U158
101-14-4
4,4'-Methylenebis(2-chloroaniline)
U159
78-93-3
2-Butanone (I, T)
U159
78-93-3
Methyl ethyl ketone (MEK) (I, T)
U160
1338-23-4
2-Butanone, peroxide (R, T)
174
U160
1338-23-4
Methyl ethyl ketone peroxide (R, T)
U161
108-10-1
Methyl isobutyl ketone (I)
U161
108-10-1
4-Methyl-2-pentanone (I)
U161
108-10-1
Pentanol, 4-methyl-
U162
80-62-6
Methyl methacrylate (I, T)
U162
80-62-6
2-Propenoic acid, 2-methyl-, methyl ester (I, T)
U163
70-25-7
Guanidine, N-methyl-N’-nitro-N-nitroso-
U163
70-25-7
MNNG
U164
56-04-2
Methylthiouracil
U164
58-04-2
4(1H)-Pyrimidinone, 2,3-dihydro-6-methyl-2-
thioxo-
U165
91-20-3
Naphthalene
U166
130-15-4
1,4-Naphthalenedione
U166
130-15-4
1,4-Naphthoquinone
U167
134-32-7
1-Naphthalenamine
U167
134-32-7
α-Naphthylamine
U168
91-59-8
2-Naphthalenamine
U168
91-59-8
β-Naphthylamine
U169
98-95-3
Benzene, nitro-
U169
98-95-3
Nitrobenzene (I, T)
U170
100-02-7
p-Nitrophenol
U170
100-02-7
Phenol, 4-nitro-
U171
79-46-9
2-Nitropropane (I, T)
U171
79-46-9
Propane, 2-nitro- (I, T)
U172
924-16-3
1-Butanamine, N-butyl-N-nitroso-
U172
924-16-3
N-Nitrosodi-n-butylamine
U173
1116-54-7
Ethanol, 2,2'-(nitrosoimino)bis-
U173
1116-54-7
N-Nitrosodiethanolamine
U174
55-18-5
Ethanamine, N-ethyl-N-nitroso-
U174
55-18-5
N-Nitrosodiethylamine
U176
759-73-9
N-Nitroso-N-ethylurea
U176
759-73-9
Urea, N-ethyl-N-nitroso-
U177
684-93-5
N-Nitroso-N-methylurea
U177
684-93-5
Urea, N-methyl-N-nitroso-
U178
615-53-2
Carbamic acid, methylnitroso-, ethyl ester
U178
615-53-2
N-Nitroso-N-methylurethane
U179
100-75-4
N-Nitrosopiperidine
U179
100-75-4
Piperidine, 1-nitroso-
U180
930-55-2
N-Nitrosopyrrolidine
U180
930-55-2
Pyrrolidine, 1-nitroso-
U181
99-55-8
Benzenamine, 2-methyl-5-nitro-
U181
99-55-8
5-Nitro-o-toluidine
U182
123-63-7
Paraldehyde
U182
123-63-7
1,3,5-Trioxane, 2,4,6-trimethyl-
U183
608-93-5
Benzene, pentachloro-
U183
608-93-5
Pentachlorobenzene
175
U184
76-01-7
Ethane, pentachloro-
U184
76-01-7
Pentachloroethane
U185
82-68-8
Benzene, pentachloronitro-
U185
82-68-8
Pentachloronitrobenzene (PCNB)
U186
504-60-9
1-Methylbutadiene (I)
U186
504-60-9
1,3-Pentadiene (I)
U187
62-44-2
Acetamide, N-(4-ethoxyphenyl)-
U187
62-44-2
Phenacetin
U188
108-95-2
Phenol
U189
1314-80-3
Phosphorus sulfide (R)
U189
1314-80-3
Sulfur phosphide (R)
U190
85-44-9
1,3-Isobenzofurandione
U190
85-44-9
Phthalic anhydride
U191
109-06-8
2-Picoline
U191
109-06-8
Pyridine, 2-methyl-
U192
23950-58-5
Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-
propynyl)-
U192
23950-58-5
Pronamide
U193
1120-71-4
1,2-Oxathiolane, 2,2-dioxide
U193
1120-71-4
1,3-Propane sultone
U194
107-10-8
1-Propanamine (I, T)
U194
107-10-8
n-Propylamine (I, T)
U196
110-86-1
Pyridine
U197
106-51-4
p-Benzoquinone
U197
106-51-4
2,5-Cyclohexadiene-1,4-dione
U200
50-55-5
Reserpine
U200
50-55-5
Yohimban-16-carboxylic acid, 11,17-dimethoxy-
18-((3,4,5-trimethoxybenzoyl)oxy)-, methyl
ester, (3β,16β,17α,18β,20α)-
U201
108-46-3
1,3-Benzenediol
U201
108-46-3
Resorcinol
U202
P 81-07-2
1,2-Benzisothiazol-3(2H)-one, 1,1-dioxide, and
salts
U202
P 81-07-2
Saccharin and salts
U203
94-59-7
1,3-Benzodioxole, 5-(2-propenyl)-
U203
94-59-7
Safrole
U204
7783-00-8
Selenious acid
U204
7783-00-8
Selenium dioxide
U205
7488-56-4
Selenium sulfide
U205
7488-56-4
Selenium sulfide SeS
2
(R, T)
U206
18883-66-4
Glucopyranose, 2-deoxy-2-(3-methyl-3-nitroso-
ureido)-, D-
U206
18883-66-4
D-Glucose, 2-deoxy-2-(((methylnitrosoamino)-
carbonyl)amino)-
U206
18883-66-4
Streptozotocin
U207
95-94-3
Benzene, 1,2,4,5-tetrachloro-
176
U207
95-94-3
1,2,4,5-Tetrachlorobenzene
U208
630-20-6
Ethane, 1,1,1,2-tetrachloro-
U208
630-20-6
1,1,1,2-Tetrachloroethane
U209
79-34-5
Ethane, 1,1,2,2-tetrachloro-
U209
79-34-5
1,1,2,2-Tetrachloroethane
U210
127-18-4
Ethene, tetrachloro-
U210
127-18-4
Tetrachloroethylene
U211
56-23-5
Carbon tetrachloride
U211
56-23-5
Methane, tetrachloro-
U213
109-99-9
Furan, tetrahydro- (I)
U213
109-99-9
Tetrahydrofuran (I)
U214
563-68-8
Acetic acid, thallium (1+) salt
U214
563-68-8
Thallium (I) acetate
U215
6533-73-9
Carbonic acid, dithallium (1+) salt
U215
6533-73-9
Thallium (I) carbonate
U216
7791-12-0
Thallium (I) chloride
U216
7791-12-0
Thallium chloride TlCl
U217
10102-45-1
Nitric acid, thallium (1+) salt
U217
10102-45-1
Thallium (I) nitrate
U218
62-55-5
Ethanethioamide
U218
62-55-5
Thioacetamide
U219
62-56-6
Thiourea
U220
108-88-3
Benzene, methyl-
U220
108-88-3
Toluene
U221
25376-45-8
Benzenediamine, ar-methyl-
U221
25376-45-8
Toluenediamine
U222
636-21-5
Benzenamine, 2-methyl-, hydrochloride
U222
636-21-5
o-Toluidine hydrochloride
U223
26471-62-5
Benzene, 1,3-diisocyanatomethyl- (R, T)
U223
26471-62-5
Toluene diisocyanate (R, T)
U225
75-25-2
Bromoform
U225
75-25-2
Methane, tribromo-
U226
71-55-6
Ethane, 1,1,1-trichloro-
U226
71-55-6
Methylchloroform
U227
79-00-5
Ethane, 1,1,2-trichloro-
U227
79-00-5
Ethane, 1,1,2-trichloro-
U227
79-00-5
1,1,2-Trichloroethane
U228
79-01-6
Ethene, trichloro-
U228
79-01-6
Trichloroethylene
U234
99-35-4
Benzene, 1,3,5-trinitro-
U234
99-35-4
1,3,5-Trinitrobenzene (R, T)
U235
126-72-7
1-Propanol, 2,3-dibromo-, phosphate (3:1)
U235
126-72-7
Tris(2,3-dibromopropyl) phosphate
U236
72-57-1
2,7-Naphthalenedisulfonic acid, 3,3'-((3,3'-di-
methyl-(1,1'-biphenyl)-4,4'-diyl)bis(azo)bis(5-
amino-4-hydroxy)-, tetrasodium salt
177
U236
72-57-1
Trypan blue
U237
66-75-1
2,4-(1H,3H)-Pyrimidinedione, 5-(bis(2-chloro-
ethyl)amino)-
U237
66-75-1
Uracil mustard
U238
51-79-6
Carbamic acid, ethyl ester
U238
51-79-6
Ethyl carbamate (urethane)
U239
1330-20-7
Benzene, dimethyl- (I, T)
U239
1330-20-7
Xylene (I)
U240
P 94-75-7
Acetic acid, (2,4-dichlorophenoxy)-, salts and
esters
U240
P 94-75-7
2,4-D, salts and esters
U243
1888-71-7
Hexachloropropene
U243
1888-71-7
1-Propene, 1,1,2,3,3,3-hexachloro-
U244
137-26-8
Thioperoxydicarbonic diamide ((H
2
N)C(S))
2
S
2
,
tetramethyl-
U244
137-26-8
Thiram
U246
506-68-3
Cyanogen bromide CNBr
U247
72-43-5
Benzene, 1,1'-(2,2,2-trichloroethylidene)bis(4-
methoxy-
U247
72-43-5
Methoxychlor
U248
P 81-81-2
2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-
phenylbutyl)-, and salts, when present at
concentrations of 0.3 percent or less
U248
P 81-81-2
Warfarin, and salts, when present at
concentrations of 0.3 percent or less
U249
1314-84-7
Zinc phosphide Zn
3
P
2
, when present at
concentrations of 10 percent or less
U271
17804-35-2
Benomyl
U271
17804-35-2
Carbamic acid, (1-((butylamino)carbonyl)-1H-
benzimidazol-2-yl)-, methyl ester
U278
22781-23-3
Bendiocarb
U278
22781-23-3
1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl
carbamate
U279
63-25-2
Carbaryl
U279
63-25-2
1-Naphthalenol, methylcarbamate
U280
101-27-9
Barban
U280
101-27-9
Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-
butynyl ester
U328
95-53-4
Benzenamine, 2-methyl-
U328
95-53-4
o-Toluidine
U353
106-49-0
Benzenamine, 4-methyl-
U353
106-49-0
p-Toluidine
U359
110-80-5
Ethanol, 2-ethoxy-
U359
110-80-5
Ethylene glycol monoethyl ether
U364
22961-82-6
Bendiocarb phenol
U364
22961-82-6
1,3-Benzodioxol-4-ol, 2,2-dimethyl-
178
U367
1563-38-8
7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-
U367
1563-38-8
Carbofuran phenol
U372
10605-21-7
Carbamic acid, 1H-benzimidazol-2-yl, methyl
ester
U372
10605-21-7
Carbendazim
U373
122-42-9
Carbamic acid, phenyl-, 1-methylethyl ester
U373
122-42-9
Propham
U387
52888-80-9
Carbamothioic acid, dipropyl-, S-(phenylmethyl)
ester
U387
52888-80-9
Prosulfocarb
U389
2303-17-5
Carbamothioic acid, bis(1-methylethyl)-, S-
(2,3,3-trichloro-2-propenyl) ester
U389
2303-17-5
Triallate
U394
30558-43-1
A2213
U394
30558-43-1
Ethanimidothioic acid, 2-(dimethylamino)-N-
hydroxy-2-oxo-, methyl ester
U395
5952-26-1
Diethylene glycol, dicarbamate
U395
5952-26-1
Ethanol, 2,2'-oxybis-, dicarbamate
U404
121-44-8
Ethanamine, N,N-diethyl-
U404
121-44-8
Triethylamine
U409
23564-05-8
Carbamic acid, (1,2-phenylenebis(iminocarbono-
thioyl))bis-, dimethyl ester
U409
23564-05-8
Thiophanate-methyl
U410
59669-26-0
Ethanimidothioic acid, N,N’- (thiobis((methyl-
imino)carbonyloxy))bis-, dimethyl ester
U410
59669-26-0
Thiodicarb
U411
114-26-1
Phenol, 2-(1-methylethoxy)-, methylcarbamate
U411
114-26-1
Propoxur
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART E: EXCLUSIONS AND EXEMPTIONS
Section 721.138
Comparable or Syngas Fuel Exclusion
Wastes that meet the following comparable or syngas fuel requirements are not solid wastes:
a)
Comparable fuel specifications.
1)
Physical specifications.
A)
Heating value. The heating value must exceed 5,000 Btu/lb
(11,500 J/g).
B)
Viscosity. The viscosity must not exceed 50 cs, as fired.
179
2)
Constituent specifications. For the compounds listed, the constituent
specification levels and minimum required detection limits (where non-
detect is the constituent specification) are set forth in the table at
subsection (d) of this Section.
b)
Synthesis gas fuel specification. Synthesis gas fuel (i.e., syngas fuel) that is
generated from hazardous waste must fulfill the following requirements:
1)
It must have a minimum Btu value of 100 Btu/Scf;
2)
It must contain less than 1 ppmv of total halogen;
3)
It must contain less than 300 ppmv of total nitrogen other than diatomic
nitrogen (N
2
);
4)
It must contain less than 200 ppmv of hydrogen sulfide; and
5)
It must contain less than 1 ppmv of each hazardous constituent in the
target list of constituents listed in Appendix H of this Part.
c)
Implementation. Waste that meets the comparable or syngas fuel specifications
provided by subsection (a) or (b) of this Section (these constituent levels must be
achieved by the comparable fuel when generated, or as a result of treatment or
blending, as provided in subsection (c)(3) or (c)(4) of this Section) is excluded
from the definition of solid waste provided that the following requirements are
met:
1)
Notices. For purposes of this Section, the person claiming and qualifying
for the exclusion is called the comparable or syngas fuel generator and the
person burning the comparable or syngas fuel is called the comparable or
syngas burner. The person that generates the comparable fuel or syngas
fuel must claim and certify to the exclusion.
A)
Notice to the Agency.
i)
The generator must submit a one-time notice to the
Agency, certifying compliance with the conditions of the
exclusion and providing documentation, as required by
subsection (c)(1)(A)(iii) of this Section;
ii)
If the generator is a company that generates comparable or
syngas fuel at more than one facility, the generator must
specify at which sites the comparable or syngas fuel will be
generated;
iii)
A comparable or syngas fuel generator’s notification to the
180
Agency must contain the items listed in subsection
(c)(1)(C) of this Section.
B)
Public notice. Prior to burning an excluded comparable or syngas
fuel, the burner must publish in a major newspaper of general
circulation, local to the site where the fuel will be burned, a notice
entitled “Notification of Burning a Comparable or Syngas Fuel
Excluded Under the Resource Conservation and Recovery Act”
containing the following information:
i)
The name, address, and USEPA identification number of
the generating facility;
ii)
The name and address of the units that will burn the
comparable or syngas fuel;
iii)
A brief, general description of the manufacturing,
treatment, or other process generating the comparable or
syngas fuel;
iv)
An estimate of the average and maximum monthly and
annual quantity of the waste claimed to be excluded; and
v)
The name and mailing address of the Agency office to
which the claim was submitted.
C)
Required content of comparable or syngas notification to the
Agency.
i)
The name, address, and USEPA identification number of
the person or facility claiming the exclusion;
ii)
The applicable USEPA hazardous waste codes for the
hazardous waste;
iii)
The name and address of the units that meet the
requirements of subsection (c)(2) of this Section that will
burn the comparable or syngas fuel; and
iv)
The following statement, signed and submitted by the
person claiming the exclusion or its authorized
representative:
Under penalty of criminal and civil prosecution for
making or submitting false statements,
representations, or omissions, I certify that the
181
requirements of 35 Ill. Adm. Code 721.138 have
been met for all waste identified in this notification.
Copies of the records and information required by
35 Ill. Adm. Code 721.138(c)(10) are available at
the comparable or syngas fuel generator’s facility.
Based on my inquiry of the individuals immediately
responsible for obtaining the information, the
information is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that
there are significant penalties for submitting false
information, including the possibility of fine and
imprisonment for knowing violations.
BOARD NOTE: Subsections (c)(1)(C)(i) through (c)(1)(C)(iv) are
derived from 40 CFR 261.138(c)(1)(i)(C)(
1
) and (c)(1)(i)(C)(
4
),
which the Board has codified here to comport with Illinois
Administrative Code format requirements.
2)
Burning. The comparable or syngas fuel exclusion for fuels that meet the
requirements of subsections (a) or (b) and (c)(1) of this Section applies
only if the fuel is burned in the following units that also must be subject to
federal, State, and local air emission requirements, including all applicable
federal Clean Air Act (CAA) maximum achievable control technology
(MACT) requirements:
A)
Industrial furnaces, as defined in 35 Ill. Adm. Code 720.110;
B)
Boilers, as defined in 35 Ill. Adm. Code 720.110, that are further
defined as follows:
i)
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; or
ii)
Utility boilers used to produce electric power, steam,
heated or cooled air, or other gases or fluids for sale;
C)
Hazardous waste incinerators subject to regulation pursuant to
Subpart O of 35 Ill. Adm. Code 724 or Subpart O of 35 Ill. Adm.
Code 725 or applicable CAA MACT standards.
D)
Gas turbines used to produce electric power, steam, heated or
cooled air, or other gases or fluids for sale.
3)
Blending to meet the viscosity specification. A hazardous waste blended
182
to meet the viscosity specification must fulfill the following requirements:
A)
As generated and prior to any blending, manipulation, or
processing, the waste must meet the constituent and heating value
specifications of subsections (a)(1)(A) and (a)(2) of this Section;
B)
The waste must be blended at a facility that is subject to the
applicable requirements of 35 Ill. Adm. Code 724 and 725 or 35
Ill. Adm. Code 722.134; and
C)
The waste must not violate the dilution prohibition of subsection
(c)(6) of this Section.
4)
Treatment to meet the comparable fuel exclusion specifications.
A)
A hazardous waste may be treated to meet the exclusion
specifications of subsections (a)(1) and (a)(2) of this Section
provided the treatment fulfills the following requirements:
i)
The treatment destroys or removes the constituent listed in
the specification or raises the heating value by removing or
destroying hazardous constituents or materials;
ii)
The treatment is performed at a facility that is subject to the
applicable requirements of 35 Ill. Adm. Code 724 and 725
or 35 Ill. Adm. Code 722.134; and
iii)
The treatment does not violate the dilution prohibition of
subsection (c)(6) of this Section.
B)
Residuals resulting from the treatment of a hazardous waste listed
in Subpart D of this Part to generate a comparable fuel remain a
hazardous waste.
5)
Generation of a syngas fuel.
A)
A syngas fuel can be generated from the processing of hazardous
wastes to meet the exclusion specifications of subsection (b) of this
Section provided the processing fulfills the following
requirements:
i)
The processing destroys or removes the constituent listed in
the specification or raises the heating value by removing or
destroying constituents or materials;
ii)
The processing is performed at a facility that is subject to
183
the applicable requirements of 35 Ill. Adm. Code 724 and
725 or 35 Ill. Adm. Code 722.134 or is an exempt recycling
unit pursuant to Section 721.106(c); and
iii)
The processing does not violate the dilution prohibition of
subsection (c)(6) of this Section.
B)
Residuals resulting from the treatment of a hazardous waste listed
in Subpart D of this Part to generate a syngas fuel remain a
hazardous waste.
6)
Dilution prohibition for comparable and syngas fuels. No generator,
transporter, handler, or owner or operator of a treatment, storage, or
disposal facility must in any way dilute a hazardous waste to meet the
exclusion specifications of subsection (a)(1)(A), (a)(2), or (b) of this
Section.
7)
Waste analysis plans. The generator of a comparable or syngas fuel must
develop and follow a written waste analysis plan that describes the
procedures for sampling and analysis of the hazardous waste to be
excluded. The plan must be followed and retained at the facility excluding
the waste.
A)
At a minimum, the plan must specify the following:
i)
The parameters for which each hazardous waste will be
analyzed and the rationale for the selection of those
parameters;
ii)
The test methods that will be used to test for these
parameters;
iii)
The sampling method that will be used to obtain a
representative sample of the waste to be analyzed;
iv)
The frequency with which the initial analysis of the waste
will be reviewed or repeated to ensure that the analysis is
accurate and up to date; and
v)
If process knowledge is used in the waste determination,
any information prepared by the generator in making such
determination.
B)
The waste analysis plan must also contain records of the following:
i)
The dates and times waste samples were obtained, and the
184
dates the samples were analyzed;
ii)
The names and qualifications of the persons who obtained
the samples;
iii)
A description of the temporal and spatial locations of the
samples;
iv)
The name and address of the laboratory facility at which
analyses of the samples were performed;
v)
A description of the analytical methods used, including any
clean-up and sample preparation methods;
vi)
All quantitation limits achieved and all other quality
control results for the analysis (including method blanks,
duplicate analyses, matrix spikes, etc.), laboratory quality
assurance data, and description of any deviations from
analytical methods written in the plan or from any other
activity written in the plan that occurred;
vii)
All laboratory results demonstrating that the exclusion
specifications have been met for the waste; and
viii)
All laboratory documentation that supports the analytical
results, unless a contract between the claimant and the
laboratory provides for the documentation to be maintained
by the laboratory for the period specified in subsection
(c)(11) of this Section and also provides for the availability
of the documentation to the claimant upon request.
C)
Syngas fuel generators must submit for approval, prior to
performing sampling, analysis, or any management of a syngas
fuel as an excluded waste, a waste analysis plan containing the
elements of subsection (c)(7)(A) of this Section to the Agency.
The approval of waste analysis plans must be stated in writing and
received by the facility prior to sampling and analysis to
demonstrate the exclusion of a syngas. The approval of the waste
analysis plan may contain such provisions and conditions as the
regulatory authority deems appropriate.
8)
Comparable fuel sampling and analysis.
A)
General. For each waste for which an exclusion is claimed, the
generator of the hazardous waste must test for all the constituents
on Appendix H of this Part, except those that the generator
185
determines, based on testing or knowledge, should not be present
in the waste. The generator is required to document the basis of
each determination that a constituent should not be present. The
generator may not determine that any of the following categories
of constituents should not be present:
i)
A constituent that triggered the toxicity characteristic for
the waste constituents that were the basis of the listing of
the waste stream, or constituents for which there is a
treatment standard for the waste code in 35 Ill. Adm. Code
728.140;
ii)
A constituent detected in previous analysis of the waste;
iii)
Constituents introduced into the process that generates the
waste; or
iv)
Constituents that are byproducts or side reactions to the
process that generates the waste.
B)
For each waste for which the exclusion is claimed where the
generator of the comparable or syngas fuel is not the original
generator of the hazardous waste, the generator of the comparable
or syngas fuel may not use process knowledge pursuant to
subsection (c)(8)(A) of this Section and must test to determine that
all of the constituent specifications of subsections (a)(2) and (b) of
this Section have been met.
C)
The comparable or syngas fuel generator may use any reliable
analytical method to demonstrate that no constituent of concern is
present at concentrations above the specification levels. It is the
responsibility of the generator to ensure that the sampling and
analysis are unbiased, precise, and representative of the waste. For
the waste to be eligible for exclusion, a generator must
demonstrate the following:
i)
That each constituent of concern is not present in the waste
above the specification level at the 95 percent upper
confidence limit around the mean; and
ii)
That the analysis could have detected the presence of the
constituent at or below the specification level at the 95
percent upper confidence limit around the mean.
D)
Nothing in this subsection (c)(8) preempts, overrides, or otherwise
negates the provision in 35 Ill. Adm. Code 722.111 that requires
186
any person that generates a solid waste to determine if that waste is
a hazardous waste.
E)
In an enforcement action, the burden of proof to establish
conformance with the exclusion specification must be on the
generator claiming the exclusion.
F)
The generator must conduct sampling and analysis in accordance
with its waste analysis plan developed pursuant to subsection
(c)(7) of this Section.
G)
Syngas fuel and comparable fuel that has not been blended in order
to meet the kinematic viscosity specifications must be analyzed as
generated.
H)
If a comparable fuel is blended in order to meet the kinematic
viscosity specifications, the generator must undertake the
following actions:
i)
Analyze the fuel as generated to ensure that it meets the
constituent and heating value specifications; and
ii)
After blending, analyze the fuel again to ensure that the
blended fuel continues to meet all comparable or syngas
fuel specifications.
I)
Excluded comparable or syngas fuel must be retested, at a
minimum, annually and must be retested after a process change
that could change the chemical or physical properties of the waste.
BOARD NOTE: Any claim pursuant to this Section must be valid and
accurate for all hazardous constituents; a determination not to test for a
hazardous constituent will not shield a generator from liability should that
constituent later be found in the waste above the exclusion specifications.
9)
Speculative accumulation. Any persons handling a comparable or syngas
fuel are subject to the speculative accumulation test pursuant to Section
721.102(c)(4).
10)
Records. The generator must maintain records of the following
information on-site:
A)
All information required to be submitted to the implementing
authority as part of the notification of the claim:
i)
The owner or operator name, address, and RCRA facility
187
USEPA identification number of the person claiming the
exclusion;
ii)
The applicable USEPA hazardous waste codes for each
hazardous waste excluded as a fuel; and
iii)
The certification signed by the person claiming the
exclusion or his authorized representative;
B)
A brief description of the process that generated the hazardous
waste and process that generated the excluded fuel, if not the same;
C)
An estimate of the average and maximum monthly and annual
quantities of each waste claimed to be excluded;
D)
Documentation for any claim that a constituent is not present in the
hazardous waste, as required pursuant to subsection (c)(8)(A) of
this Section;
E)
The results of all analyses and all detection limits achieved, as
required pursuant to subsection (c)(8) of this Section;
F)
If the excluded waste was generated through treatment or blending,
documentation, as required pursuant to subsection (c)(3) or (c)(4)
of this Section;
G)
If the waste is to be shipped off-site, a certification from the
burner, as required pursuant to subsection (c)(12) of this Section;
H)
A waste analysis plan and the results of the sampling and analysis
that include the following:
i)
The dates and times waste samples were obtained, and the
dates the samples were analyzed;
ii)
The names and qualifications of the persons that obtained
the samples;
iii)
A description of the temporal and spatial locations of the
samples;
iv)
The name and address of the laboratory facility at which
analyses of the samples were performed;
v)
A description of the analytical methods used, including any
clean-up and sample preparation methods;
188
vi)
All quantitation limits achieved and all other quality
control results for the analysis (including method blanks,
duplicate analyses, matrix spikes, etc.), laboratory quality
assurance data, and description of any deviations from
analytical methods written in the plan or from any other
activity written in the plan that occurred;
vii)
All laboratory analytical results demonstrating that the
exclusion specifications have been met for the waste; and
viii)
All laboratory documentation that supports the analytical
results, unless a contract between the claimant and the
laboratory provides for the documentation to be maintained
by the laboratory for the period specified in subsection
(c)(11) of this Section and also provides for the availability
of the documentation to the claimant upon request; and
I)
If the generator ships comparable or syngas fuel off-site for
burning, the generator must retain for each shipment the following
information on-site:
i)
The name and address of the facility receiving the
comparable or syngas fuel for burning;
ii)
The quantity of comparable or syngas fuel shipped and
delivered;
iii)
The date of shipment or delivery;
iv)
A cross-reference to the record of comparable or syngas
fuel analysis or other information used to make the
determination that the comparable or syngas fuel meets the
specifications, as required pursuant to subsection (c)(8) of
this Section; and
v)
A one-time certification by the burner, as required pursuant
to subsection (c)(12) of this Section.
11)
Records retention. Records must be maintained for the period of three
years. A generator must maintain a current waste analysis plan during that
three-year period.
12)
Burner certification. Prior to submitting a notification to the Agency, a
comparable or syngas fuel generator that intends to ship its fuel off-site for
burning must obtain a one-time written, signed statement from the burner
189
that includes the following:
A)
A certification that the comparable or syngas fuel will only be
burned in an industrial furnace or boiler, utility boiler, or
hazardous waste incinerator, as required pursuant to subsection
(c)(2) of this Section;
B)
Identification of the name and address of the units that will burn
the comparable or syngas fuel; and
C)
A certification that the state in which the burner is located is
authorized to exclude wastes as comparable or syngas fuel under
the provisions of 40 CFR 261.38.
13)
Ineligible waste codes. Wastes that are listed because of presence of
dioxins or furans, as set out in Appendix G of this Part, are not eligible for
this exclusion, and any fuel produced from or otherwise containing these
wastes remains a hazardous waste subject to full RCRA hazardous waste
management requirements.
d)
Table Appendix Y of this Part sets forth the table of detection and detection limit
values for comparable fuel specification.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 721.139
Conditional Exclusion for Used, Broken CRTs and Processed CRT Glass
Undergoing Recycling
Used, broken CRTs are not solid waste if they meet the following conditions:
a)
Prior to CRT processing. These materials are not solid wastes if they are destined
for recycling and they meet the following requirements:
1)
Storage. The broken CRTs must be managed in either of the following
ways:
A)
They are stored in a building with a roof, floor, and walls, or
B)
They are placed in a container (i.e., a package or a vehicle) that is
constructed, filled, and closed to minimize releases to the
environment of CRT glass (including fine solid materials).
2)
Labeling. Each container in which the used, broken CRT is contained
must be labeled or marked clearly with one of the following phrases:
“Used cathode ray tubes--contains leaded glass “ or “Leaded glass from
televisions or computers.” It must also be labeled with the following
190
statement: “Do not mix with other glass materials.”
3)
Transportation. The used, broken CRTs must be transported in a container
meeting the requirements of subsections (a)(1)(B) and (a)(1)(2) of this
Section.
4)
Speculative accumulation and use constituting disposal. The used, broken
CRTs are subject to the limitations on speculative accumulation, as
defined in subsection (c)(8) of this Section. If they are used in a manner
constituting disposal, they must comply with the applicable requirements
of Subpart C of 40 C.F.R. 726, instead of the requirements of this Section.
5)
Exports. In addition to the applicable conditions specified in subsections
(a)(1) through (a)(4) of this Section, an exporter of used, broken CRTs
must comply with the following requirements:
A)
It must notify the Agency and USEPA of an intended export before
the CRTs are scheduled to leave the United States. A complete
notification should be submitted sixty (60) days before the initial
shipment is intended to be shipped off-site. This notification may
cover export activities extending over a 12-month or shorter
period. The notification must be in writing, signed by the exporter,
and include the following information:
i)
The name, mailing address, telephone number and USEPA
ID number (if applicable) of the exporter of the CRTs.
ii)
The estimated frequency or rate at which the CRTs are to
be exported and the period of time over which they are to
be exported.
iii)
The estimated total quantity of CRTs specified in
kilograms.
iv)
All points of entry to and departure from each foreign
country through which the CRTs will pass.
v)
A description of the means by which each shipment of the
CRTs will be transported (e.g., mode of transportation
vehicle (air, highway, rail, water, etc.), types of container
(drums, boxes, tanks, etc.)).
vi)
The name and address of the recycler and any alternate
recycler.
vii)
A description of the manner in which the CRTs will be
191
recycled in the foreign country that will be receiving the
CRTs.
viii)
The name of any transit country through which the CRTs
will be sent and a description of the approximate length of
time the CRTs will remain in such country and the nature
of their handling while there.
B)
Notifications submitted. Whether delievered by mail or hand-
delivered, the following words must be prominently displayed on
the front of any envelope containing an export notification:
“Attention: Notification of Intent to Export CRTs.”
i)
An export notification submitted to USEPA by mail must
be sent to the following mailing address:
Office of Enforcement and Compliance Assurance
Office of Federal Activities, International
Compliance Assurance Division (Mail Code
2254A)
Environmental Protection Agency
1200 Pennsylvania Ave., NW.
Washington, DC 20460.
ii)
An export notification hand-delivered to USEPA must be
sent to:
Office of Enforcement and Compliance Assurance
Office of Federal Activities, International
Compliance Assurance Division (Mail Code
2254A)
Environmental Protection Agency
Ariel Rios Bldg., Room 6144
1200 Pennsylvania Ave., NW.
Washington, DC.
iii)
An export notification submitted to the Agency by mail or
hand-delivered must be sent to the following mailing
address:
Illinois Environmental Protection Agency
Bureau of Land Pollution Control
1021 North Grand Ave – East
P.O. Box 19276
Springfield, IL 62794-9276
192
C)
Upon request by the Agency or USEPA, the exporter must furnish
to the Agency and USEPA any additional information which a
receiving country requests in order to respond to a notification.
D)
USEPA has stated that it will provide a complete notification to
the receiving country and any transit countries. A notification is
complete when the Agency and USEPA receives a notification that
USEPA determines satisfies the requirements of subsection
(a)(5)(A) of this Section. Where a claim of confidentiality is
asserted with respect to any notification information required by
subsection (a)(5)(A) of this Section, USEPA has stated that it may
find the notification not complete until any such claim is resolved
in accordance with 40 CFR 260.2.
E)
The export of CRTs is prohibited, unless the receiving country
consents to the intended export. When the receiving country
consents in writing to the receipt of the CRTs, USEPA has stated
that it will forward an Acknowledgment of Consent to Export
CRTs to the exporter. Where the receiving country objects to
receipt of the CRTs or withdraws a prior consent, USEPA has
stated that it will notify the exporter in writing. USEPA has stated
that it will also notify the exporter of any responses from transit
countries.
F)
When the conditions specified on the original notification change,
the exporter must provide the Agency and USEPA with a written
renotification of the change, except for changes to the telephone
number in subsection (a)(5)(A)(i) of this Section and decreases in
the quantity indicated pursuant to subsection (a)(5)(A)(iii) of this
Section. The shipment cannot take place until consent of the
receiving country to the changes has been obtained (except for
changes to information about points of entry and departure and
transit countries pursuant to subsections (a)(5)(A)(iv) and
(a)(5)(A)(viii) of this Section) and the exporter of CRTs receives
from USEPA a copy of the Acknowledgment of Consent to Export
CRTs reflecting the receiving country’s consent to the changes.
G)
A copy of the Acknowledgment of Consent to Export CRTs must
accompany the shipment of CRTs. The shipment must conform to
the terms of the Acknowledgment.
H)
If a shipment of CRTs cannot be delivered for any reason to the
recycler or the alternate recycler, the exporter of CRTs must
renotify the Agency and USEPA of a change in the conditions of
the original notification to allow shipment to a new recycler in
accordance with subsection (a)(5)(F) of this Section and obtain
193
another Acknowledgment of Consent to Export CRTs.
I)
An exporter must keep copies of notifications and
Acknowledgments of Consent to Export CRTs for a period of three
years following receipt of the Acknowledgment.
BOARD NOTE: Corresponding 40 CFR 261.39(a)(5) requires communications
relating to export of CRTs between the exporter and USEPA. It is clear that
USEPA intends to maintain its central role between the exporter and the export-
receiving country and it granting authorization to export. Nevertheless, the Board
has required the exporter submit to the Agency also whatever notifications it must
submit to USEPA relating to the export. The intent is to facilitate the Agency’s
efforts towards assurance of compliance with the regulations as a whole, and not
to require a separate authorization for export by the Agency.
b)
Requirements for used CRT processing. Used, broken CRTs undergoing CRT
processing, as defined in 35 Ill. Adm. Code 720.110, are not solid waste if they
meet the following requirements:
1)
Storage. Used, broken CRTs undergoing CRT processing are subject to
the requirement of subsection (a)(4) of this Section.
2)
CRT processing.
A)
All activities specified in the second and third subsections of the
definition of “CRT processing” in 35 Ill. Adm. Code 720.110 must
be performed within a building with a roof, floor, and walls; and
BOARD NOTE: The activities specified in the second and third
subsections of the definition of “CRT processing” are
“intentionally breaking intact CRTs or further breaking or
separating broken CRTs” and “sorting or otherwise managing
glass removed from CRT monitors.”
B)
No activities may be performed that use temperatures high enough
to volatilize lead from CRTs.
c)
Glass from CRT processing that is sent to CRT glass making or lead smelting.
Glass from CRT processing that is destined for recycling at a CRT glass
manufacturer or a lead smelter after CRT processing is not a solid waste unless it
is speculatively accumulated, as defined in Section 721.101(c)(8).
d)
Use constituting disposal. Glass from CRT processing that is used in a manner
constituting disposal must comply with the requirements of Subpart C of 35 Ill.
Adm. Code 726 instead of the requirements of this Section.
194
Section 721.140
Conditional Exclusion for Used, Intact CRTs Exported for Recycling
Used, intact CRTs exported for recycling are not solid waste if they meet the notice and consent
conditions of Section 721.139(a)(5) and they are not speculatively accumulated, as defined in
Section 721.101(c)(8).
Section 721.141
Notification and Recordkeeping for Used, Intact CRTs Exported for Reuse
a)
A person that exports used, intact CRTs for reuse must send a one-time
notification to the Agency and the Regional Administrator of USEPA Region 5.
The notification must include a statement that the notifier plans to export used,
intact CRTs for reuse, the notifier’s name, address, and USEPA ID number (if
applicable) and the name and phone number of a contact person.
b)
A person that exports used, intact CRTs for reuse must keep copies of normal
business records, such as contracts, demonstrating that each shipment of exported
CRTs will be reused. This documentation must be retained for a period of at least
three years from the date the CRTs were exported.
Section 721.Appendix H
Hazardous Constituents
Common Name
Chemical Abstracts Name
Chemical
Abstracts
Number
(CAS No.)
USEPA
Hazard-
ous
Waste
Number
A2213
Ethanimidothioic acid, 2-
(dimethylamino)-N-hydroxy-2-
oxo-, methyl ester
30558-43-1
U394
Acetonitrile
Same
75-05-8
U003
Acetophenone
Ethanone, 1-phenyl-
98-86-2
U004
2-Acetylaminofluorene
Acetamide, N-9H-fluoren-2-yl-
53-96-3
U005
Acetyl chloride
Same
75-36-5
U006
1-Acetyl-2-thiourea
Acetamide, N-
(aminothioxomethyl)-
591-08-2
P002
Acrolein
2-Propenal
107-02-8
P003
Acrylamide
2-Propenamide
79-06-1
U007
Acrylonitrile
2-Propenenitrile
107-13-1
U009
Aflatoxins
Same
1402-68-2
Aldicarb
Propanal, 2-methyl-2-
(methylthio)-, O-
((methylamino)carbonyl)oxime
116-06-3
P070
Aldicarb sulfone
Propanal, 2-methyl-2- (methyl-
sulfonyl)-, O-((methylamino)-
carbonyl)oxime
1646-88-4
P203
195
Aldrin
1,4,5,8-Dimethanonaphthalene,
1,2,3,4,10,10-hexachloro-
1,4,4a,5,8,8a-hexahydro-, (1-α,4-
α
,4a-β,5-α,8-α,8a-β)-
309-00-2
P004
Allyl alcohol
2-Propen-1-ol
107-18-6
P005
Allyl chloride
1-Propene, 3-chloro-
107-18-6
107-05-1
Aluminum phosphide
Same
20859-73-8
P006
4-Aminobiphenyl
(1,1'-Biphenyl)-4-amine
92-67-1
5-(Aminomethyl)-3-isoxazolol
3(2H)-Isoxazolone, 5-(amino-
methyl)-
2763-96-4
P007
4-Aminopyridine
4-Pyridinamine
504-24-5
P008
Amitrole
1H-1,2,4-Triazol-3-amine
61-82-5
U011
Ammonium vanadate
Vanadic acid, ammonium salt
7803-55-6
U119
Aniline
Benzenamine
62-53-3
U012
o-Anisidine (2-methoxyaniline)
Benzenamine, 2-Methoxy-
90–04–0
Antimony
Same
7440-36-0
Antimony compounds, N.O.S.
(not otherwise specified)
Aramite
Sulfurous acid, 2-chloroethyl-, 2-
(4-(1,1-dimethylethyl)phenoxy)-
1-methylethyl ester
140-57-8
Arsenic
Arsenic
7440-38-2
Arsenic compounds, N.O.S.
Arsenic acid
Arsenic acid H
3
AsO
4
7778-39-4
P010
Arsenic pentoxide
Arsenic oxide As
2
O
5
1303-28-2
P011
Arsenic trioxide
Arsenic oxide As
2
O
3
1327-53-3
P012
Auramine
Benzenamine, 4,4'-carbon-
imidoylbis(N, N-dimethyl-
492-80-8
U014
Azaserine
L-Serine, diazoacetate (ester)
115-02-6
U015
Barban
Carbamic acid, (3-chlorophenyl)-
, 4-chloro-2-butynyl ester
101-27-9
U280
Barium
Same
7440-39-3
Barium compounds, N.O.S.
Barium cyanide
Same
542-62-1
P013
Bendiocarb
1,3-Benzodioxol-4-ol-2,2-
dimethyl-, methyl carbamate
22781-23-3
U278
Bendiocarb phenol
1,3-Benzodioxol-4-ol-2,2-
dimethyl-,
22961-82-6
U364
Benomyl
Carbamic acid, (1- ((butylamino)-
carbonyl)-1H-benzimidazol-2-
yl)-, methyl ester
17804-35-2
U271
Benz(c)acridine
Same
225-51-4
U016
Benz(a)anthracene
Same
56-55-3
U018
Benzal chloride
Benzene, (dichloromethyl)-
98-87-3
U017
Benzene
Same
71-43-2
U018
196
Benzenearsonic acid
Arsonic acid, phenyl-
98-05-5
Benzidine
(1,1'-Biphenyl)-4,4'-diamine
92-87-5
U021
Benzo(b)fluoranthene
Benz(e)acephenanthrylene
205-99-2
Benzo(j)fluoranthene
Same
205-82-3
Benzo(k)fluoranthene
Same
207-08-9
Benzo(a)pyrene
Same
50-32-8
U022
p-Benzoquinone
2,5-Cyclohexadiene-1,4-dione
106-51-4
U197
Benzotrichloride
Benzene, (trichloromethyl)-
98-07-7
U023
Benzyl chloride
Benzene, (chloromethyl)-
100-44-7
P028
Beryllium powder
Same
7440-41-7
P015
Beryllium compounds, N.O.S.
Bis(pentamethylene)thiuram
tetrasulfide
Piperidine, 1,1'-(tetrathio-
dicarbonothioyl)-bis-
120-54-7
Bromoacetone
2-Propanone, 1-bromo-
598-31-2
P017
Bromoform
Methane, tribromo-
75-25-2
U225
4-Bromophenyl phenyl ether
Benzene, 1-bromo-4-phenoxy-
101-55-3
U030
Brucine
Strychnidin-10-one, 2,3-
dimethoxy-
357-57-3
P018
Butylate
Carbamothioic acid, bis(2-
methylpropyl)-, S-ethyl ester
2008-41-5
Butyl benzyl phthalate
1,2-Benzenedicarboxylic acid,
butyl phenylmethyl ester
85-68-7
Cacodylic acid
Arsenic acid, dimethyl-
75-60-5
U136
Cadmium
Same
7440-43-9
Cadmium compounds, N.O.S.
Calcium chromate
Chromic acid H
2
CrO
4
, calcium
salt
13765-19-0
U032
Calcium cyanide
Calcium cyanide Ca(CN)
2
592-01-8
P021
Carbaryl
1-Naphthalenol, methylcarbamate 63-25-2
U279
Carbendazim
Carbamic acid, 1H-benzimidazol-
2-yl, methyl ester
10605-21-7
U372
Carbofuran
7-Benzofuranol, 2,3-dihydro-2,2-
dimethyl-, methylcarbamate
1563-66-2
P127
Carbofuran phenol
7-Benzofuranol, 2,3-dihydro-2,2-
dimethyl-
1563-38-8
U367
Carbosulfan
Carbamic acid, ((dibutylamino)-
thio)methyl-2,3-dihydro-2,2-
dimethyl-7-benzofuranyl ester
55285-14-8
P189
Carbon disulfide
Same
75-15-0
P022
Carbon oxyfluoride
Carbonic difuoride
353-50-4
U033
Carbon tetrachloride
Methane, tetrachloro-
56-23-5
U211
Chloral
Acetaldehyde, trichloro-
75-87-6
U034
Chlorambucil
Benzenebutanoic acid, 4(bis-(2-
chloroethyl)amino)-
305-03-3
U035
197
Chlordane
4,7-Methano-1H-indene,
1,2,4,5,6,7,8,8-octachloro-
2,3,3a,4,7,7a-hexahydro-
57-74-9
U036
Chlordane,
α
and
γ
isomers
U036
Chlorinated benzenes, N.O.S.
Chlorinated ethane, N.O.S.
Chlorinated
fluorocarbons,
N.O.S.
Chlorinated naphthalene, N.O.S.
Chlorinated phenol, N.O.S.
Chlornaphazine
Naphthalenamine, N,N'-bis(2-
chloroethyl)-
494-03-1
U026
Chloroacetaldehyde
Acetaldehyde, chloro-
107-20-0
P023
Chloroalkyl ethers, N.O.S.
p-Chloroaniline
Benzenamine, 4-chloro-
106-47-8
P024
Chlorobenzene
Benzene, chloro-
108-90-7
U037
Chlorobenzilate
Benzeneacetic acid, 4-chloro-α-
(4-chlorophenyl)-α-hydroxy-,
ethyl ester
510-15-6
U038
p-Chloro-m-cresol
Phenol, 4-chloro-3-methyl-
59-50-7
U039
2-Chloroethyl vinyl ether
Ethene, (2-chloroethoxy)-
110-75-8
U042
Chloroform
Methane, trichloro-
67-66-3
U044
Chloromethyl methyl ether
Methane, chloromethoxy-
107-30-2
U046
β-Chloronaphthalene
Naphthalene, 2-chloro-
91-58-7
U047
o-Chlorophenol
Phenol, 2-chloro-
95-57-8
U048
1-(o-Chlorophenyl)thiourea
Thiourea, (2-chlorophenyl)-
5344-82-1
P026
Chloroprene
1,3-Butadiene, 2-chloro-
126-99-8
3-Chloropropionitrile
Propanenitrile, 3-chloro-
542-76-7
P027
Chromium
Same
7440-47-3
Chromium compounds, N.O.S.
Chrysene
Same
218-01-9
U050
Citrus red No. 2
2-Naphthalenol, 1-((2,5-
dimethoxyphenyl)azo)-
6358-53-8
Coal tar creosote
Same
8007-45-2
Copper cyanide
Copper cyanide CuCN
544-92-3
P029
Copper dimethyldithiocarbamate
Copper, bis(dimethylcarbamo-
dithioato-S,S')-,
137-29-1
Creosote
Same
U051
p-Cresidine
2-Methoxy-5-
methylbenzenamine
120–71–8
Cresols (Cresylic acid)
Phenol, methyl-
1319-77-3
U052
Crotonaldehyde
2-Butenal
4170-30-3
U053
m-Cumenyl methylcarbamate
Phenol, 3-(methylethyl)-, methyl
carbamate
64-00-6
P202
Cyanides (soluble salts and
complexes), N.O.S.
P030
198
Cyanogen
Ethanedinitrile
460-19-5
P031
Cyanogen bromide
Cyanogen bromide (CN)Br
506-68-3
U246
Cyanogen chloride
Cyanogen chloride (CN)Cl
506-77-4
P033
Cycasin
β-D-glucopyranoside,
(methyl-
ONN-azoxy)methyl-
14901-08-7
Cycloate
Carbamothioic acid, cyclohexyl-
ethyl-, S-ethyl ester
1134-23-2
2-Cyclohexyl-4,6-dinitrophenol
Phenol, 2-cyclohexyl-4,6-dinitro- 131-89-5
P034
Cyclophosphamide
2H-1,3,2-Oxazaphosphorin-2-
amine, N,N-bis(2-chloro-
ethyl)tetrahydro-2-oxide
50-18-0
U058
2,4-D
Acetic acid, (2,4-dichloro-
phenoxy)-
94-75-7
U240
2,4-D, salts and esters
Acetic acid, (2,4-
dichlorophenoxy)-, salts and
esters
U240
Daunomycin
5, 12-Naphthacenedione, 8-
acetyl-10-((3-amino-2,3,6-
trideoxy-α-L-lyxo-hexo-
pyranosyl)oxy)-7,8,9,10-
tetrahydro-6,8,11-trihydroxy-l-
methoxy-, 8S-cis)-
20830-81-3
U059
Dazomet
2H-1,3,5-thiadiazine-2-thione,
tetrahydro-3,5-dimethyl
533-74-4
DDD
Benzene, 1,1'-(2,2-dichloroethyl-
idene)bis(4-chloro-
72-54-8
U060
DDE
Benzene, 1,1'-(dichloroethenyl-
idene)bis(4-chloro-
72-55-9
DDT
Benzene, 1,1'-(2,2,2-trichloro-
ethylidene)bis(4-chloro-
50-29-3
U061
Diallate
Carbamothioic acid, bis(1-
methylethyl)-, S-(2,3-dichloro-2-
propenyl) ester
2303-16-4
U062
Dibenz(a,h)acridine
Same
226-36-8
Dibenz(a,j)acridine
Same
224-42-0
Dibenz(a,h)anthracene
Same
53-70-3
U063
7H-Dibenzo(c,g)carbazole
Same
194-59-2
Dibenzo(a,e)pyrene
Naphtho(1,2,3,4-def)chrysene
192-65-4
Dibenzo(a,h)pyrene
Dibenzo(b,def)chrysene
189-64-0
Dibenzo(a,i)pyrene
Benzo(rst)pentaphene
189-55-9
U064
1,2-Dibromo-3-chloropropane
Propane, 1,2-dibromo-3-chloro-
96-12-8
U066
Dibutyl phthalate
1,2-Benzenedicarboxylic acid,
dibutyl ester
84-74-2
U069
o-Dichlorobenzene
Benzene, 1,2-dichloro-
95-50-1
U070
m-Dichlorobenzene
Benzene, 1,3-dichloro-
541-73-1
U071
p-Dichlorobenzene
Benzene, 1,4-dichloro-
106-46-7
U072
199
Dichlorobenzene, N.O.S.
Benzene, dichloro-
25321-22-6
3,3'-Dichlorobenzidine
(1,1'-Biphenyl)-4,4'-diamine,
3,3'-dichloro-
91-94-1
U073
1,4-Dichloro-2-butene
2-Butene, 1,4-dichloro-
764-41-0
U074
Dichlorodifluoromethane
Methane, dichlorodifluoro-
75-71-8
U075
Dichloroethylene, N.O.S.
Dichloroethylene
25323-30-2
1,1-Dichloroethylene
Ethene, 1,1-dichloro-
75-35-4
U078
1,2-Dichloroethylene
Ethene, 1,2-dichloro-, (E)-
156-60-5
U079
Dichloroethyl ether
Ethane, 1,1'-oxybis(2-chloro-
111-44-4
U025
Dichloroisopropyl ether
Propane, 2,2'-oxybis(2-chloro-
108-60-1
U027
Dichloromethoxyethane
Ethane, 1,1'-(methylenebis(oxy)-
bis(2-chloro-
111-91-1
U024
Dichloromethyl ether
Methane, oxybis(chloro-
542-88-1
P016
2,4-Dichlorophenol
Phenol, 2,4-dichloro-
120-83-2
U081
2,6-Dichlorophenol
Phenol, 2,6-dichloro-
87-65-0
U082
Dichlorophenylarsine
Arsonous dichloride, phenyl-
696-28-6
P036
Dichloropropane, N.O.S.
Propane, dichloro-
26638-19-7
Dichloropropanol, N.O.S.
Propanol, dichloro-
26545-73-3
Dichloropropene, N.O.S.
1-Propene, dichloro-
26952-23-8
1,3-Dichloropropene
1-Propene, 1,3-dichloro-
542-75-6
U084
Dieldrin
2,7:3,6-Dimethanonaphth(2, 3-b)-
oxirene, 3,4,5,6,9,9-hexachloro-
1a,2,2a,3,6, 6a,7,7a-octahydro-,
(1aα,2β,2aα,3β,6β,6aα,7β,7aα)-
60-57-1
P037
1,2:3,4-Diepoxybutane
2,2'-Bioxirane
1464-53-5
U085
Diethylarsine
Arsine, diethyl-
692-42-2
P038
Diethylene glycol, dicarbamate
Ethanol, 2,2'-oxybis-,
dicarbamate
5952-26-1
U395
1,4-Diethyleneoxide
1,4-Dioxane
123-91-1
U108
Diethylhexyl phthalate
1,2-Benzenedicarboxylic acid,
bis(2-ethylhexyl) ester
117-81-7
U028
N,N'-Diethylhydrazine
Hydrazine, 1,2-diethyl-
1615-80-1
U086
O,O-Diethyl-S-methyl dithio-
phosphate
Phosphorodithioic acid, O,O-
diethyl S-methyl ester
3288-58-2
U087
Diethyl-p-nitrophenyl phosphate
Phosphoric acid, diethyl 4-nitro-
phenyl ester
311-45-5
P041
Diethyl phthalate
1,2-Benzenedicarboxylic acid,
diethyl ester
84-66-2
U088
O,O-Diethyl O-pyrazinyl
phosphorothioate
Phosphorothioic acid, O,O-
diethyl O-pyrazinyl ester
297-97-2
P040
Diethylstilbestrol
Phenol, 4,4'-(1,2-diethyl-1,2-
ethenediyl)bis-, (E)-
56-53-1
U089
Dihydrosafrole
1,3-Benzodioxole, 5-propyl-
94-58-6
U090
Diisopropylfluorophosphate
(DFP)
Phosphorofluoridic acid, bis(1-
methylethyl) ester
55-91-4
P043
200
Dimethoate
Phosphorodithioic acid, O,O-
dimethyl S-(2-(methylamino)-2-
oxoethyl) ester
60-51-5
P044
3,3'-Dimethoxybenzidine
(1,1'-Biphenyl)-4,4'-diamine,
3,3'-dimethoxy-
119-90-4
U091
p-Dimethylaminoazobenzene
Benzenamine, N,N-dimethyl-4-
(phenylazo)-
60-11-7
U093
2,4-Dimethylaniline (2,4-xylidine) Benzenamine, 2,4-dimethyl-
95–68–1
7,12-Dimethylbenz(a)anthracene
Benz(a)anthracene, 7,12-
dimethyl-
57-97-6
U094
3,3'-Dimethylbenzidine
(1,1'-Biphenyl)-4,4'-diamine,
3,3'-dimethyl-
119-93-7
U095
Dimethylcarbamoyl chloride
Carbamic chloride, dimethyl-
79-44-7
U097
1,1-Dimethylhydrazine
Hydrazine, 1,1-dimethyl-
57-14-7
U098
1,2-Dimethylhydrazine
Hydrazine, 1,2-dimethyl-
540-73-8
U099
α
,
α-Dimethylphenethylamine
Benzeneethanamine,
α
,
α-
dimethyl-
122-09-8
P046
2,4-Dimethylphenol
Phenol, 2,4-dimethyl-
105-67-9
U101
Dimethylphthalate
1,2-Benzenedicarboxylic acid,
dimethyl ester
131-11-3
U102
Dimethyl sulfate
Sulfuric acid, dimethyl ester
77-78-1
U103
Dimetilan
Carbamic acid, dimethyl-, 1-
((dimethylamino) carbonyl)-5-
methyl-1H-pyrazol-3-yl ester
644-64-4
P191
Dinitrobenzene, N.O.S.
Benzene, dinitro-
25154-54-5
4,6-Dinitro-o-cresol
Phenol, 2-methyl-4,6-dinitro-
534-52-1
P047
4,6-Dinitro-o-cresol salts
P047
2,4-Dinitrophenol
Phenol, 2,4-dinitro-
51-28-5
P048
2,4-Dinitrotoluene
Benzene, 1-methyl-2,4-dinitro-
121-14-2
U105
2,6-Dinitrotoluene
Benzene, 2-methyl-1,3-dinitro-
606-20-2
U106
Dinoseb
Phenol, 2-(1-methylpropyl)-4,6-
dinitro-
88-85-7
P020
Di-n-octyl phthalate
1,2-Benzenedicarboxylic acid,
dioctyl ester
117-84-0
U107
Diphenylamine
Benzenamine, N-phenyl-
122-39-4
1,2-Diphenylhydrazine
Hydrazine, 1,2-diphenyl-
122-66-7
U109
Di-n-propylnitrosamine
1-Propanamine, N-nitroso-N-
propyl-
621-64-7
U111
Disulfiram
Thioperoxydicarbonic diamide,
tetraethyl
97-77-8
Disulfoton
Phosphorodithioic acid, O,O-
diethyl S-(2-(ethylthio)ethyl)
ester
298-04-4
P039
Dithiobiuret
Thioimidodicarbonic diamide
((H
2
N)C(S))
2
NH
541-53-7
P049
201
Endosulfan
6, 9-Methano-2,4,3-benzodioxa-
thiepen,6,7,8,9,10,10-hexachloro-
1,5,5a,6,9,9a-hexahydro-, 3-
oxide,
115-29-7
P050
Endothal
7-Oxabicyclo(2.2.1)heptane-2,3-
dicarboxylic acid
145-73-3
P088
Endrin
2,7:3,6-Dimethanonaphth(2,3-b)-
oxirene, 3,4,5,6,9,9-hexachloro-
1a,2,2a,3,6,6a,7,7a-octahydro-,
(1a
α,2β,2aβ,3α,6α,6aβ,7β,7aα)-
,
72-20-8
P051
Endrin metabolites
P051
Epichlorohydrin
Oxirane, (chloromethyl)-
106-89-8
U041
Epinephrine
1,2-Benzenediol, 4-(1-hydroxy-2-
(methylamino)ethyl)-, (R)-
51-43-4
P042
EPTC
Carbamothioic acid, dipropyl-, S-
ethyl ester
759-94-4
Ethyl carbamate (urethane)
Carbamic acid, ethyl ester
51-79-6
U238
Ethyl cyanide
Propanenitrile
107-12-0
P101
Ethylenebisdithiocarbamic acid
Carbamodithioic acid, 1,2-
ethanediylbis-
111-54-6
U114
Ethylenebisdithiocarbamic acid,
salts and esters
U114
Ethylene dibromide
Ethane, 1,2-dibromo-
106-93-4
U067
Ethylene dichloride
Ethane, 1,2-dichloro-
107-06-2
Ethylene glycol monoethyl ether
Ethanol, 2-ethoxy-
110-80-5
U359
Ethyleneimine
Aziridine
151-56-4
P054
Ethylene oxide
Oxirane
75-21-8
U115
Ethylenethiourea
2-Imidazolidinethione
96-45-7
U116
Ethylidine dichloride
Ethane, 1,1-dichloro-
75-34-3
U076
Ethyl methacrylate
2-Propenoic acid, 2-methyl-,
ethyl ester
97-63-2
U118
Ethyl methanesulfonate
Methanesulfonic acid, ethyl ester 62-50-0
U119
Ethyl Ziram
Zinc, bis(diethylcarbamo-
dithioato-S,S')-
14324-55-1
U407
Famphur
Phosphorothioc acid, O-(4-
((dimethylamino)sulfonyl)-
phenyl) O,O-dimethyl ester
52-85-7
P097
Ferbam
Iron, tris(dimethylcarbamo-
dithioato-S,S')-,
14484-64-1
Fluoranthene
Same
206-44-0
U120
Fluorine
Same
7782-41-4
P056
Fluoroacetamide
Acetamide, 2-fluoro-
640-19-7
P057
Fluoroacetic acid, sodium salt
Acetic acid, fluoro-, sodium salt
62-74-8
P058
Formaldehyde
Same
50-00-0
U122
202
Formetanate hydrochloride
Methanimidamide, N,N-
dimethyl-N'-(3-(((methylamino)-
carbonyl)oxy)phenyl)-, mono-
hydrochloride
23422-53-9
P198
Formic acid
Same
64-18-16
U123
Formparanate
Methanimidamide, N,N-
dimethyl-N'-(2-methyl-4-
(((methylamino)carbonyl)oxy)-
phenyl)-
17702-57-7
P197
Glycidylaldehyde
Oxiranecarboxaldehyde
765-34-4
U126
Halomethanes, N.O.S.
Heptachlor
4,7-Methano-1H-
indene,1,4,5,6,7,8,8-heptachloro-
3a,4,7,7a-tetrahydro-
76-44-8
P059
Heptachlor epoxide
2,5-Methano-2H-indeno(1,
2b)oxirene, 2,3,4,5,6,7,7-hepta-
chloro-1a,1b,5,5a,6,6a-hexa-
hydro-,
(1aα,1bβ,2α,5α,5aβ,6β,6aα)-
1024-57-3
Heptachlor epoxide (α,
β
, and
γ
isomers)
Heptachlorodibenzofurans
Heptachlorodibenzo-p-dioxins
Hexachlorobenzene
Benzene, hexachloro-
118-74-1
U127
Hexachlorobutadiene
1,3-Butadiene, 1,1,2,3,4,4-hexa-
chloro-
87-68-3
U128
Hexachlorocyclo-pentadiene
1,3-Cyclopentadiene, 1,2,3,4,5,5-
hexachloro-
77-47-4
U130
Hexachlorodibenzo-p-dioxins
Hexachlorodibenzofurans
Hexachloroethane
Ethane, hexachloro-
67-72-1
U131
Hexachlorophene
Phenol, 2,2'-methylenebis(3,4,6-
trichloro-
70-30-4
U132
Hexachloropropene
1-Propene, 1,1,2,3,3,3-
hexachloro-
1888-71-7
U243
Hexaethyltetraphosphate
Tetraphosphoric acid, hexaethyl
ester
757-58-4
P062
Hydrazine
Same
302-01-2
U133
Hydrogen cyanide
Hydrocyanic acid
74-90-8
P063
Hydrogen fluoride
Hydrofluoric acid
7664-39-3
U134
Hydrogen sulfide
Hydrogen sulfide H
2
S
7783-06-4
U135
Indeno(1,2,3-cd)pyrene
Same
193-39-5
U137
3-Iodo-2-propynyl-n-butyl-
carbamate
Carbamic acid, butyl-, 3-iodo-2-
propynyl ester
55406-53-6
Isobutyl alcohol
1-Propanol, 2-methyl-
78-83-1
U140
203
Isodrin
1,4:5,8-Dimethanonaph-
thalene,1,2,3,4,10,10-hexachloro-
1,4,4a,5,8,8a-hexahydro-,
(1α,4α,4aβ,5β,8β,8aβ)-,
465-73-6
P060
Isolan
Carbamic acid, dimethyl-, 3-
methyl-1-(1-methylethyl)-1H-
pyrazol-5-yl ester
119-38-0
P192
Isosafrole
1,3-Benzodioxole, 5-(1-
propenyl)-
120-58-1
U141
Kepone
1,3,4-Metheno-2H-cyclobuta(cd)-
pentalen-2-one,
1,1a,3,3a,4,5,5,5a,5b,6-
decachlorooctahydro-,
143-50-0
U142
Lasiocarpine
2-Butenoic acid, 2-methyl-, 7-
((2,3-dihydroxy-2-(1-
methoxyethyl)-3-methyl-1-
oxobutoxy)methyl)-2,3,5,7a-
tetrahydro-1H-pyrrolizin-l-yl
ester, (1S-(1-
α(Z),7(2S*,3R*),7aα))-
303-34-1
303-34-4
U143
Lead
Same
7439-92-1
Lead and compounds, N.O.S.
Lead acetate
Acetic acid, lead (2+) salt
301-04-2
U144
Lead phosphate
Phosphoric acid, lead (2+) salt
(2:3)
7446-27-7
U145
Lead subacetate
Lead, bis(acetato-O)tetra-
hydroxytri-
1335-32-6
U146
Lindane
Cyclohexane, 1,2,3,4,5,6-hexa-
chloro-, 1α,2α,3β,4α,5α,6β)-
58-89-9
U129
Maleic anhydride
2,5-Furandione
108-31-6
U147
Maleic hydrazide
3,6-Pyridazinedione, 1,2-dihydro- 123-33-1
U148
Malononitrile
Propanedinitrile
109-77-3
U149
Manganese dimethyldithio-
carbamate
Manganese, bis(dimethyl-
carbamodithioato-S,S')-,
15339-36-3
P196
Melphalan
L-Phenylalanine, 4-(bis(2-chloro-
ethyl)amino)-
148-82-3
U150
Mercury
Same
7439-97-6
U151
Mercury compounds, N.O.S.
Mercury fulminate
Fulminic acid, mercury (2+) salt
628-86-4
P065
Metam Sodium
Carbamodithioic acid, methyl-,
monosodium salt
137-42-8
Methacrylonitrile
2-Propenenitrile, 2-methyl-
126-98-7
U152
Methapyrilene
1,2-Ethanediamine, N,N-
dimethyl-N'-2-pyridinyl-N'-(2-
thienylmethyl)-
91-80-5
U155
204
Methiocarb
Phenol, (3,5-dimethyl-4-
(methylthio)-, methylcarbamate
2032-65-7
P199
Metholmyl
Ethanimidothioic acid, N-
(((methylamino)carbonyl)oxy)-,
methyl ester
16752-77-5
P066
Methoxychlor
Benzene, 1,1'-(2,2,2-trichloro-
ethylidene)bis(4-methoxy-
72-43-5
U247
Methyl bromide
Methane, bromo-
74-83-9
U029
Methyl chloride
Methane, chloro-
74-87-3
U045
Methylchlorocarbonate
Carbonochloridic acid, methyl
ester
79-22-1
U156
Methyl chloroform
Ethane, 1,1,1-trichloro-
71-55-6
U226
3-Methylcholanthrene
Benz(j)aceanthrylene, 1,2-
dihydro-3-methyl-
56-49-5
U157
4,4'-Methylenebis(2-chloro-
aniline)
Benzenamine, 4,4'-methylene-
bis(2-chloro-
101-14-4
U158
Methylene bromide
Methane, dibromo-
74-95-3
U068
Methylene chloride
Methane, dichloro-
75-09-2
U080
Methyl ethyl ketone (MEK)
2-Butanone
78-93-3
U159
Methyl ethyl ketone peroxide
2-Butanone, peroxide
1338-23-4
U160
Methyl hydrazine
Hydrazine, methyl-
60-34-4
P068
Methyl iodide
Methane, iodo-
74-88-4
U138
Methyl isocyanate
Methane, isocyanato-
624-83-9
P064
2-Methyllactonitrile
Propanenitrile, 2-hydroxy-2-
methyl-
75-86-5
P069
Methyl methacrylate
2-Propenoic acid, 2-methyl-,
methyl ester
80-62-6
U162
Methyl methanesulfonate
Methanesulfonic acid, methyl
ester
66-27-3
Methyl parathion
Phosphorothioic acid, O,O-
dimethyl O-(4-nitrophenyl) ester
298-00-0
P071
Methylthiouracil
4-(1H)-Pyrimidinone, 2,3-
dihydro-6-methyl-2-thioxo-
56-04-2
U164
Metolcarb
Carbamic acid, methyl-, 3-
methylphenyl ester
1129-41-5
P190
Mexacarbate
Phenol, 4-(dimethylamino)-3,5-
dimethyl-, methylcarbamate
(ester)
315-18-4
P128
Mitomycin C
Azirino(2', 3':3, 4)pyrrolo(1, 2-
a)indole-4, 7-dione, 6-amino-8-
(((aminocarbonyl)oxy)methyl)-
1,1a,2,8,8a,8b-hexahydro-8a-
methoxy-5-methyl-, (1a-S-
(1aα,8β,8aα,8bα))-,
50-07-7
U010
Molinate
1H-Azepine-1-carbothioic acid,
hexahydro-, S-ethyl ester
2212-67-1
205
MNNG
Guanidine, N-methyl-N'-nitro-N-
nitroso-
70-25-7
U163
Mustard gas
Ethane, 1,1'-thiobis(2-chloro-
505-60-2
U165
Naphthalene
Same
91-20-3
U165
1,4-Naphthoquinone
1,4-Naphthalenedione
130-15-4
U166
α-Naphthylamine
1-Naphthalenamine
134-32-7
U167
β-Naphthylamine
2-Naphthalenamine
91-59-8
U168
α-Naphthylthiourea
Thiourea, 1-naphthalenyl-
86-88-4
P072
Nickel
Same
7440-02-0
Nickel compounds, N.O.S.
Nickel carbonyl
Nickel carbonyl Ni(CO)
4
, (T-4)- 13463-39-3
P073
Nickel cyanide
Nickel cyanide Ni(CN)
2
557-19-7
P074
Nicotine
Pyridine, 3-(1-methyl-2-
pyrrolidinyl)-, (S)-
54-11-5
P075
Nicotine salts
P075
Nitric oxide
Nitrogen oxide NO
10102-43-9
P076
p-Nitroaniline
Benzenamine, 4-nitro-
100-01-6
P077
Nitrobenzene
Benzene, nitro-
98-95-3
P078
Nitrogen dioxide
Nitrogen oxide NO
2
10102-44-0
P078
Nitrogen mustard
Ethanamine, 2-chloro-N-(2-
chloroethyl)-N-methyl-
51-75-2
Nitrogen mustard, hydrochloride
salt
Nitrogen mustard N-oxide
Ethanamine, 2-chloro-N-(2-
chloroethyl)-N-methyl-, N-oxide
126-85-2
Nitrogen mustard, N-oxide,
hydrochloride salt
Nitroglycerin
1,2,3-Propanetriol, trinitrate
55-63-0
P081
p-Nitrophenol
Phenol, 4-nitro-
100-02-7
U170
2-Nitropropane
Propane, 2-nitro-
79-46-9
U171
Nitrosamines, N.O.S.
35576-91-1
N-Nitrosodi-n-butylamine
1-Butanamine, N-butyl-N-
nitroso-
924-16-3
U172
N-Nitrosodiethanolamine
Ethanol, 2,2'-(nitrosoimino)bis-
1116-54-7
U173
N-Nitrosodiethylamine
Ethanamine, N-ethyl-N-nitroso-
55-18-5
U174
N-Nitrosodimethylamine
Methanamine, N-methyl-N-
nitroso-
62-75-9
P082
N-Nitroso-N-ethylurea
Urea, N-ethyl-N-nitroso-
759-73-9
U176
N-Nitrosomethylethylamine
Ethanamine, N-methyl-N-nitroso- 10595-95-6
N-Nitroso-N-methylurea
Urea, N-methyl-N-nitroso-
684-93-5
U177
N-Nitroso-N-methylurethane
Carbamic acid, methylnitroso-,
ethyl ester
615-53-2
U178
N-Nitrosomethylvinylamine
Vinylamine, N-methyl-N-nitroso- 4549-40-0
P084
N-Nitrosomorpholine
Morpholine, 4-nitroso-
59-89-2
N-Nitrosonornicotine
Pyridine, 3-(1-nitroso-2-
pyrrolidinyl)-, (S)-
16543-55-8
206
N-Nitrosopiperidine
Piperidine, 1-nitroso-
100-75-4
U179
N-Nitrosopyrrolidine
Pyrrolidine, 1-nitroso-
930-55-2
U180
N-Nitrososarcosine
Glycine, N-methyl-N-nitroso-
13256-22-9
5-Nitro-o-toluidine
Benzenamine, 2-methyl-5-nitro-
99-55-8
U181
Octachlorodibenzo-p-dioxin
(OCDD)
1,2,3,4,6,7,8,9-Octachloro-
dibenzo-p-dioxin.
3268-87-9
Octachlorodibenzofuran (OCDF) 1,2,3,4,6,7,8,9-Octachloro-
dibenzofuran.
39001-02-0
Octamethylpyrophosphoramide
Diphosphoramide, octamethyl-
152-16-9
P085
Osmium tetroxide
Osmium oxide OsO
4
, (T-4)
20816-12-0
P087
Oxamyl
Ethanimidothioc acid, 2-
(dimethylamino)-N-(((methyl-
amino)carbonyl)oxy)-2-oxo-,
methyl ester
23135-22-0
P194
Paraldehyde
1,3,5-Trioxane, 2,4,6-trimethyl-
123-63-7
U182
Parathion
Phosphorothioic acid, O,O-
diethyl O-(4-nitrophenyl) ester
56-38-2
P089
Pebulate
Carbamothioic acid, butylethyl-,
S-propyl ester
1114-71-2
Pentachlorobenzene
Benzene, pentachloro-
608-93-5
U183
Pentachlorodibenzo-p-dioxins
Pentachlorodibenzofurans
Pentachloroethane
Ethane, pentachloro-
76-01-7
U184
Pentachloronitrobenzene (PCNB) Benzene, pentachloronitro-
82-68-8
U185
Pentachlorophenol
Phenol, pentachloro-
87-86-5
See F027
Phenacetin
Acetamide, N-(4-ethoxyphenyl)- 62-44-2
U187
Phenol
Same
108-95-2
U188
Phenylenediamine
Benzenediamine
25265-76-3
1,2-Phenylenediamine
1,2-Benzenediamine
95–54–5
1,3-Phenylenediamine
1,3-Benzenediamine
108–45–2
Phenylmercury acetate
Mercury, (acetato-O)phenyl-
62-38-4
P092
Phenylthiourea
Thiourea, phenyl-
103-85-5
P093
Phosgene
Carbonic dichloride
75-44-5
P095
Phosphine
Same
7803-51-2
P096
Phorate
Phosphorodithioic acid, O,O-
diethyl S-((ethylthio)methyl)
ester
298-02-2
P094
Phthalic acid esters, N.O.S.
Phthalic anhydride
1,3-Isobenzofurandione
85-44-9
U190
Physostigmine
Pyrrolo(2,3-b)indol-5-ol,
1,2,3,3a,8,8a-hexahydro-1,3a,8-
trimethyl-, methylcarbamate
(ester), (3aS-cis)-
57-47-6
P204
207
Physostigmine salicylate
Benzoic acid, 2-hydroxy-,
compound with (3aS-cis)-
1,2,3,3a,8,8a-hexahydro-1,3a,8-
trimethylpyrrolo(2,3-b)indol-5-yl
methylcarbamate ester (1:1)
57-64-7
P188
2-Picoline
Pyridine, 2-methyl-
109-06-8
U191
Polychlorinated biphenyls,
N.O.S.
Potassium cyanide
Same
151-50-8
P098
Potassium dimethyldithio-
carbamate
Carbamodithioc acid, dimethyl,
potassium salt
128-03-0
Potassium n-hydroxymethyl-n-
methyl-dithiocarbamate
Carbamodithioc acid, (hydroxy-
methyl)methyl-, monopotassium
salt
51026-28-9
Potassium n-methyldithio-
carbamate
Carbamodithioc acid, methyl-
monopotassium salt
137-41-7
Potassium silver cyanide
Argentate(1-), bis(cyano-C)-,
potassium)
506-61-6
P099
Potassium pentachlorophenate
Pentachlorophenol, potassium
salt
7778736
None
Promecarb
Phenol, 3-methyl-5-(1-methyl-
ethyl)-, methyl carbamate
2631-37-0
P201
Pronamide
Benzamide, 3,5-dichloro-N-(1,1-
dimethyl-2-propynyl)-
23950-58-5
U192
1,3-Propane sultone
1,2-Oxathiolane, 2,2-dioxide
1120-71-4
U193
Propham
Carbamic acid, phenyl-, 1-
methylethyl ester
122-42-9
U373
Propoxur
Phenol, 2-(1-methylethoxy)-,
methylcarbamate
114-26-1
U411
n-Propylamine
1-Propanamine
107-10-8
U194
Propargyl alcohol
2-Propyn-1-ol
107-19-7
P102
Propylene dichloride
Propane, 1,2-dichloro-
78-87-5
U083
1,2-Propylenimine
Aziridine, 2-methyl-
75-55-8
P067
Propylthiouracil
4(1H)-Pyrimidinone, 2,3-
dihydro-6-propyl-2-thioxo-
51-52-5
Prosulfocarb
Carbamothioic acid, dipropyl-, S-
(phenylmethyl) ester
52888-80-9
U387
Pyridine
Same
110-86-1
U196
Reserpine
Yohimban-16-carboxylic acid,
11,17-dimethoxy-18-((3,4,5-tri-
methoxybenzoyl)oxy)-, methyl
ester, (3β,16β,17α,18β,20α)-,
50-55-5
U200
Resorcinol
1,3-Benzenediol
108-46-3
U201
Saccharin
1,2-Benzisothiazol-3(2H)-one,
1,1-dioxide
81-07-2
U202
Saccharin salts
U202
208
Safrole
1,3-Benzodioxole, 5-(2-
propenyl)-
94-59-7
U203
Selenium
Same
7782-49-2
Selenium compounds, N.O.S.
Selenium dioxide
Selenious acid
7783-00-8
U204
Selenium sulfide
Selenium sulfide SeS
2
7488-56-4
U205
Selenium, tetrakis(dimethyl-
dithiocarbamate
Carbamodithioic acid, dimethyl-,
tetraanhydrosulfide with ortho-
thioselenious acid
144-34-3
Selenourea
Same
630-10-4
P103
Silver
Same
7440-22-4
Silver compounds, N.O.S.
Silver cyanide
Silver cyanide AgCN
506-64-9
P104
Silvex (2,4,5-TP)
Propanoic acid, 2-(2,4,5-
trichlorophenoxy)-
93-72-1
See F027
Sodium cyanide
Sodium cyanide NaCN
143-33-9
P106
Sodium dibutyldithiocarbamate
Carbamodithioic acid, dibutyl-,
sodium salt
136-30-1
Sodium diethyldithiocarbamate
Carbamodithioic acid, diethyl-,
sodium salt
148-18-5
Sodium dimethyldithiocarbamate Carbamodithioic acid, dimethyl-,
sodium salt
128-04-1
Sodium pentachlorophenate
Pentachlorophenol, sodium salt
131522
None
Streptozotocin
D-Glucose, 2-deoxy-2-(((methyl-
nitrosoamino)carbonyl)amino)-
18883-66-4
U206
Strychnine
Strychnidin-10-one
57-24-9
P108
Strychnine salts
P108
Sulfallate
Carbamodithioic acid, diethyl-, 2-
chloro-2-propenyl ester
95-06-7
TCDD
Dibenzo(b,e)(1,4)dioxin, 2,3,7,8-
tetrachloro-
1746-01-6
Tetrabutylthiuram disulfide
Thioperoxydicarbonic diamide,
tetrabutyl
1634-02-2
Tetramethylthiuram monosulfide
Bis(dimethylthiocarbamoyl)
sulfide
97-74-5
1,2,4,5-Tetrachlorobenzene
Benzene, 1,2,4,5-tetrachloro-
95-94-3
U207
Tetrachlorodibenzo-p-dioxins
Tetrachlorodibenzofurans
Tetrachloroethane, N.O.S.
Ethane, tetrachloro-, N.O.S.
25322-20-7
1,1,1,2-Tetrachloroethane
Ethane, 1,1,1,2-tetrachloro-
630-20-6
U208
1,1,2,2-Tetrachloroethane
Ethane, 1,1,2,2-tetrachloro-
79-34-5
U209
Tetrachloroethylene
Ethene, tetrachloro-
127-18-4
U210
2,3,4,6-Tetrachlorophenol
Phenol, 2,3,4,6-tetrachloro-
58-90-2
See F027
2,3,4,6-Tetrachlorophenol,
potassium salt
Same
53535276
None
209
2,3,4,6-Tetrachlorophenol,
sodium salt
Same
25567559
None
Tetraethyldithiopyrophosphate
Thiodiphosphoric acid, tetraethyl
ester
3689-24-5
P109
Tetraethyl lead
Plumbane, tetraethyl-
78-00-2
P110
Tetraethylpyrophosphate
Diphosphoric acid, tetraethyl
ester
107-49-3
P111
Tetranitromethane
Methane, tetranitro-
509-14-8
P112
Thallium
Same
7440-28-0
Thallium compounds
Thallic oxide
Thallium oxide Tl
2
O
3
1314-32-5
P113
Thallium (I) acetate
Acetic acid, thallium (1+) salt
563-68-8
U214
Thallium (I) carbonate
Carbonic acid, dithallium (1+)
salt
6533-73-9
U215
Thallium (I) chloride
Thallium chloride TlCl
7791-12-0
U216
Thallium (I) nitrate
Nitric acid, thallium (1+) salt
10102-45-1
U217
Thallium selenite
Selenious acid, dithallium (1+)
salt
12039-52-0
P114
Thallium (I) sulfate
Sulfuric acid, dithallium (1+) salt 7446-18-6
P115
Thioacetamide
Ethanethioamide
62-55-5
U218
Thiodicarb
Ethanimidothioic acid, N,N'-
(thiobis((methylimino)-
carbonyloxy))-bis-, dimethyl
ester
59669-26-0
U410
Thiofanox
2-Butanone, 3,3-dimethyl-1-
(methylthio)-, O-
((methylamino)carbonyl)oxime
39196-18-4
P045
Thiophanate-methyl
Carbamic acid, (1,2-
phyenylenebis(iminocarbono-
thioyl))-bis-, dimethyl ester
23564-05-8
U409
Thiomethanol
Methanethiol
74-93-1
U153
Thiophenol
Benzenethiol
108-98-5
P014
Thiosemicarbazide
Hydrazinecarbothioamide
79-19-6
P116
Thiourea
Same
62-56-6
P219
Thiram
Thioperoxydicarbonic diamide
((H
2
N)C(S))
2
S
2
, tetramethyl-
137-26-8
U244
Tirpate
1,3-Dithiolane-2-carboxaldehyde,
2,4-dimethyl-, O-((methylamino)-
carbonyl)oxime
26419-73-8
P185
Toluene
Benzene, methyl-
108-88-3
U220
Toluenediamine
Benzenediamine, ar-methyl-
25376-45-8
U221
Toluene-2,4-diamine
1,3-Benzenediamine, 4-methyl-
95-80-7
Toluene-2,6-diamine
1,3-Benzenediamine, 2-methyl-
823-40-5
Toluene-3,4-diamine
1,2-Benzenediamine, 4-methyl-
496-72-0
Toluene diisocyanate
Benzene, 1,3-diisocyanato-
methyl-
26471-62-5
U223
210
o-Toluidine
Benzenamine, 2-methyl-
95-53-4
U328
o-Toluidine hydrochloride
Benzeneamine, 2-methyl-, hydro-
chloride
636-21-5
U222
p-Toluidine
Benzenamine, 4-methyl-
106-49-0
U353
Toxaphene
Same
8001-35-2
P123
Triallate
Carbamothioic acid, bis(1-
methylethyl)-, S-(2,3,3-trichloro-
2-propenyl) ester
2303-17-5
U389
1,2,4-Trichlorobenzene
Benzene, 1,2,4-trichloro-
120-82-1
1,1,2-Trichloroethane
Ethane, 1,1,2-trichloro-
79-00-5
U227
Trichloroethylene
Ethene, trichloro-
79-01-6
U228
Trichloromethanethiol
Methanethiol, trichloro-
75-70-7
P118
Trichloromonofluoromethane
Methane, trichlorofluoro-
75-69-4
U121
2,4,5-Trichlorophenol
Phenol, 2,4,5-trichloro-
95-95-4
See F027
2,4,6-Trichlorophenol
Phenol, 2,4,6-trichloro-
88-06-2
See F027
2,4,5-T
Acetic acid, (2,4,5-trichloro-
phenoxy)-
93-76-5
See F027
Trichloropropane, N.O.S.
25735-29-9
1,2,3-Trichloropropane
Propane, 1,2,3-trichloro-
96-18-4
Triethylamine
Ethanamine, N,N-diethyl-
121-44-8
U404
O,O,O-Triethylphosphorothioate
Phosphorothioic acid, O,O,O-
triethyl ester
126-68-1
1,3,5-Trinitrobenzene
Benzene, 1,3,5-trinitro-
99-35-4
U234
Tris(l-aziridinyl)phosphine
sulfide
Aziridine, 1,1',1”-phosphino-
thioylidynetris-
52-24-4
Tris(2,3-dibromopropyl)
phosphate
1-Propanol, 2,3-dibromo-,
phosphate (3:1)
126-72-7
U235
Trypan blue
2,7-Naphthalenedisulfonic acid,
3,3'-((3,3'-dimethyl(1,1'-
biphenyl)-4,4'-diyl)bis(azo))bis-
(5-amino-4-hydroxy)-,
tetrasodium salt
72-57-1
U236
Uracil mustard
2,4-(1H,3H)-Pyrimidinedione, 5-
(bis(2-chloroethyl)amino)-
66-75-1
U237
Vanadium pentoxide
Vanadium oxide V
2
O
5
1314-62-1
P120
Vernolate
Carbamothioc acid, dipropyl-, S-
propyl ester
1929-77-7
Vinyl chloride
Ethene, chloro-
75-01-4
U043
Warfarin
2H-1-Benzopyran-2-one, 4-
hydroxy-3-(3-oxo-1-phenyl-
butyl)-, when present at
concentrations less than 0.3
percent
81-81-2
U248
211
Warfarin
2H-1-Benzopyran-2-one, 4-
hydroxy-3-(3-oxo-1-phenyl-
butyl)-, when present at
concentrations greater than 0.3
percent
81-81-2
P001
Warfarin salts, when present at
concentrations less than 0.3
percent
U248
Warfarin salts, when present at
concentrations greater than 0.3
percent
P001
Zinc cyanide
Zinc cyanide Zn(CN)
2
557-21-1
P121
Zinc phosphide
Zinc phosphide P
2
Zn
3
, when
present at concentrations greater
than 10 percent
1314-84-7
P122
Zinc phosphide
Zinc phosphide P
2
Zn
3
, when
present at concentrations of 10
percent or less
1314-84-7
U249
Ziram
Zinc, bis(dimethylcarbamo-
dithioato-S,S')- (T-4)-
137-30-4
P205
Note: The abbreviation N.O.S. (not otherwise specified) signifies those m.s of the general class
that are not specifically listed by name in this Section.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 722
STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
SUBPART A: GENERAL
Section
722.110
Purpose, Scope, and Applicability
722.111
Hazardous Waste Determination
722.112
USEPA Identification Numbers
722.113
Electronic Reporting
SUBPART B: THE MANIFEST
Section
722.120
General Requirements
722.121
Manifest Tracking Numbers, Manifest Printing, and Obtaining Manifests
722.122
Number of Copies
212
722.123
Use of the Manifest
722.127
Waste Minimization Certification
SUBPART C: PRE-TRANSPORT REQUIREMENTS
Section
722.130
Packaging
722.131
Labeling
722.132
Marking
722.133
Placarding
722.134
Accumulation Time
SUBPART D: RECORDKEEPING AND REPORTING
Section
722.140
Recordkeeping
722.141
Annual Reporting
722.142
Exception Reporting
722.143
Additional Reporting
722.144
Special Requirements for Generators of between 100 and 1,000 kilograms per
month
SUBPART E: EXPORTS OF HAZARDOUS WASTE
Section
722.150
Applicability
722.151
Definitions
722.152
General Requirements
722.153
Notification of Intent to Export
722.154
Special Manifest Requirements
722.155
Exception Report
722.156
Annual Reports
722.157
Recordkeeping
722.158
International Agreements
SUBPART F: IMPORTS OF HAZARDOUS WASTE
Section
722.160
Imports of Hazardous Waste
SUBPART G: FARMERS
Section
722.170
Farmers
SUBPART H: TRANSFRONTIER SHIPMENTS OF HAZARDOUS WASTE
FOR RECOVERY WITHIN THE OECD
Section
722.180
Applicability
722.181
Definitions
722.182
General Conditions
213
722.183
Notification and Consent
722.184
Tracking Document
722.185
Contracts
722.186
Provisions Relating to Recognized Traders
722.187
Reporting and Recordkeeping
722.189
OECD Waste Lists
722.Appendix A
Hazardous Waste Manifest
AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 22.4, and 27].
SOURCE: Adopted in R81-22 at 5 Ill. Reg. 9781, effective May 17, 1982; amended and
codified in R81-22 at 6 Ill. Reg. 4828, effective May 17, 1982; amended in R82-18 at 7 Ill. Reg.
2518, effective February 22, 1983; amended in R84-9 at 9 Ill. Reg. 11950, effective July 24,
1985; amended in R85-22 at 10 Ill. Reg. 1131, effective January 2, 1986; amended in R86-1 at
10 Ill. Reg. 14112, effective August 12, 1986; amended in R86-19 at 10 Ill. Reg. 20709,
effective December 2, 1986; amended in R86-46 at 11 Ill. Reg. 13555, effective August 4, 1987;
amended in R87-5 at 11 Ill. Reg. 19392, effective Nov. 12, 1987; amended in R87-39 at 12 Ill.
Reg. 13129, effective July 29, 1988; amended in R88-16 at 13 Ill. Reg. 452, effective December
27, 1988; amended in R89-1 at 13 Ill. Reg. 18523, effective Nov. 13, 1989; amended in R90-10
at 14 Ill. Reg. 16653, effective Sept. 25, 1990; amended in R90-11 at 15 Ill. Reg. 9644, effective
June 17, 1991; amended in R91-1 at 15 Ill. Reg. 14562, 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. 17696,
effective Nov. 6, 1992; amended in R93-4 at 17 Ill. Reg. 20822, effective Nov. 22, 1993;
amended in R95-6 at 19 Ill. Reg. 9935, effective June 27, 1995; amended in R95-20 at 20 Ill.
Reg. 11236, effective August 1, 1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 603,
effective December 16, 1997; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17950, effective
Sept. 28, 1998; amended in R00-5 at 24 Ill. Reg. 1136, effective January 6, 2000; amended in
R00-13 at 24 Ill. Reg. 9822, effective June 20, 2000; expedited correction at 25 Ill. Reg. 5105,
effective June 20, 2000; amended in R05-2 at 29 Ill. Reg. 6312, effective April 22, 2005;
amended in R06-5/R06-6/R06-7 at 30 Ill. Reg. 3138, effective February 23, 2006; amended in
R06-16/R06-17/R06-18 at 31 Ill. Reg. 871, effective December 20, 2006; amended in R07-
5/R07-14 at 32 Ill. Reg. ________, effective ______________________.
SUBPART B: THE MANIFEST
Section 722.120
General Requirements
a)
Manifest use.
1a)
A generator that transports hazardous waste or offers a hazardous waste for
transportation for off-site treatment, storage, or disposal or, effective Sept. 5,
2006, a treatment, storage, or disposal facility that offers for transport a rejected
load of hazardous waste must prepare a manifest on USEPA Form 8700-22 (and,
if necessary, on USEPA Form 8700-22A) according to the instructions included
214
in the appendix to 40 CFR 262 (Uniform Hazardous Waste Manifest and
Instructions (EPA Forms 8700-22 and 8700-22A and Their Instructions)),
incorporated by reference in 35 Ill. Adm. Code 720.111(b).
2)
Manifest amendments effective dates.
A)
The revised manifest form and procedures in 35 Ill. Adm. Code
720.110 and 721.107, this Section, and Sections 722.121, 722.127,
722.132 through 722.134, 722.154 and in Appendix A to this Part,
as amended at 70 Fed. Reg. 10776 (March 4, 2005), will not apply
until Sept. 5, 2006.
B)
The existing manifest form and procedures in 35 Ill. Adm. Code
720.110 and 721.107, this Section, and Sections 722.121, 722.127,
722.132 through 722.134, 722.154 and in Appendix A to this Part
will apply until Sept. 5, 2006.
b)
A generator must designate on the manifest one receiving facility that is permitted
to handle the waste described on the manifest.
c)
A generator may also designate on the manifest one alternate receiving facility
that is permitted to handle his waste in the event an emergency prevents delivery
of the waste to the primary designated facility.
d)
If the transporter is unable to deliver the hazardous waste to the designated
receiving facility or the alternate facility, the generator must either designate
another receiving facility or instruct the transporter to return the waste.
e)
The requirements of this Subpart B do not apply to hazardous waste produced by
generators of greater than 100 kg but less than 1,000 kg in a calendar month
where the following conditions are fulfilled:
1)
The waste is reclaimed under a contractual agreement that specifies the
type of waste and frequency of shipments;
2)
The vehicle used to transport the waste to the recycling facility and to
deliver regenerated material back to the generator is owned and operated
by the reclaimer of the waste; and
3)
The generator maintains a copy of the reclamation agreement in his files
for a period of at least three years after termination or expiration of the
agreement.
f)
The requirements of this Subpart B and Section 722.132(b) do not apply to the
transport of hazardous wastes on a public or private right-of-way within or along
the border of contiguous property under the control of the same person, even if
215
such contiguous property is divided by a public or private right-of-way.
Notwithstanding 35 Ill. Adm. Code 723.110(a), the generator or transporter must
comply with the requirements for transporters set forth in 35 Ill. Adm. Code
723.130 and 723.131 in the event of a discharge of hazardous waste on a public or
private right-of-way.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 722.121
Manifest Tracking Numbers, Manifest Printing, and Obtaining Manifests
a)
The following requirements apply until Sept. 5, 2006:
1)
If the State of Illinois is the state to which the shipment is manifested
(designated receiving state), the generator must use the manifest supplied by
the Agency.
2)
If the State of Illinois is not the designated receiving state, the generator
must use the manifest required by the designated receiving state. If the
designated receiving state does not supply and require the manifest, then the
generator must use the manifest supplied by the Agency.
b)
The following requirements apply effective Sept. 5, 2006:
1a)
USEPA approval of manifest.
A1)
A registrant may not print the manifest or have the manifest printed for
use or distribution, unless it has received approval from the USEPA
Director of the Office of Solid Waste to do so pursuant to 40 CFR
262.21(c) and (e), as described in subsections (b)(3) (c) and (b)(5) (e) of
this Section.
B2)
The approved registrant is responsible for ensuring that the organizations
identified in its application are in compliance with the procedures of its
approved application and the requirements of 40 CFR 262.21, as described
in this subsection (b) Section. The registrant is responsible for assigning
manifest tracking numbers to its manifests.
2b)
A registrant must submit an initial application to the USEPA Director of the
Office of Solid Waste that contains the following information:
A1)
The name and mailing address of registrant;
B2)
The name, telephone number, and email address of contact person;
C3)
A brief description of registrant’s government or business activity;
216
D4)
The USEPA identification number of the registrant, if applicable;
E5)
A description of the scope of the operations that the registrant plans to
undertake in printing, distributing, and using its manifests, including the
following:
iA)
A description of the printing operation. The description should
include an explanation of whether the registrant intends to print its
manifests in-house (i.e., using its own printing establishments) or
through a separate (i.e., unaffiliated) printing company. If the
registrant intends to use a separate printing company to print the
manifest on its behalf, the application must identify this printing
company and discuss how the registrant will oversee the company.
If this includes the use of intermediaries (e.g., prime and
subcontractor relationships), the role of each must be discussed.
The application must provide the name and mailing address of
each company. It also must provide the name and telephone
number of the contact person at each company;
iiB)
A description of how the registrant will ensure that its organization
and unaffiliated companies, if any, comply with the requirements
of 40 CFR 262.21, as described in this subsection (b) Section. The
application must discuss how the registrant will ensure that a
unique manifest tracking number will be preprinted on each
manifest. The application must describe the internal control
procedures to be followed by the registrant and unaffiliated
companies to ensure that numbers are tightly controlled and remain
unique. In particular, the application must describe how the
registrant will assign manifest tracking numbers to its manifests. If
computer systems or other infrastructure will be used to maintain,
track, or assign numbers, these should be indicated. The
application must also indicate how the printer will pre-print a
unique number on each form (e.g., crash or press numbering). The
application also must explain the other quality procedures to be
followed by each establishment and printing company to ensure
that all required print specifications are consistently achieved and
that printing violations are identified and corrected at the earliest
practicable time; and
iiiC) An indication of whether the registrant intends to use the manifests
for its own business operations or to distribute the manifests to a
separate company or to the general public (e.g., for purchase);
F6)
A brief description of the qualifications of the company that will print the
manifest. The registrant may use readily available information to do so
(e.g., corporate brochures, product samples, customer references,
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documentation of ISO certification), so long as such information pertains
to the establishments or company being proposed to print the manifest;
G7)
Proposed unique three-letter manifest tracking number suffix. If the
registrant is approved to print the manifest, the registrant must use this
suffix to pre-print a unique manifest tracking number on each manifest;
and
H8)
A signed certification by a duly authorized employee of the registrant that
the organizations and companies in its application will comply with the
procedures of its approved application and the requirements of 40 CFR
262.21, as described in this subsection (b) Section and that it will notify
the Agency and the USEPA Director of the Office of Solid Waste of any
duplicated manifest tracking numbers on manifests that have been used or
distributed to other parties as soon as this becomes known.
3c)
USEPA will review the application submitted under subsection (b)(2) (b) of this
Section and either approve it or request additional information or modification
before approving it.
4d)
Submission of document samples.
A1)
Upon USEPA approval of the application pursuant to 40 CFR 262.21(c),
as described in subsection (b)(3) (c) of this Section, USEPA will provide
the registrant an electronic file of the manifest, continuation sheet, and
manifest instructions and ask the registrant to submit three fully assembled
manifests and continuation sheet samples, except as noted in 40 CFR
262.21(d)(3), as described in subsection (b)(4)(C) (d)(3) of this Section.
The registrant’s samples must meet all of the specifications in 40 CFR
262.21(f), as described in subsection (b)(6) (f) of this Section, and be
printed by the company that will print the manifest as identified in the
application approved by USEPA pursuant to 40 CFR 262.21(c), as
described in subsection (b)(3) (c) of this Section.
B2)
The registrant must submit a description of the manifest samples as
follows:
iA)
The paper type (i.e., manufacturer and grade of the manifest
paper);
iiB)
The paper weight of each copy;
iiiC) The ink color of the manifest’s instructions. If screening of the ink
was used, the registrant must indicate the extent of the screening;
and
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ivD) The method of binding the copies.
C3)
The registrant need not submit samples of the continuation sheet if it will
print its continuation sheet using the same paper type, paper weight of
each copy, ink color of the instructions, and binding method as its
manifest form samples.
5e)
USEPA will evaluate the forms and either approve the registrant to print
them as proposed or request additional information or modification to
them before approval. USEPA will notify the registrant of its decision by
mail. The registrant cannot use or distribute its forms until USEPA
approves them. An approved registrant must print the manifest and
continuation sheet according to its application approved by USEPA
pursuant to 40 CFR 262.21(c), as described in subsection (b)(3) (e) of this
Section and the manifest specifications in 40 CFR 262.21(f), as described
in subsection (b)(6) (f) of this Section. It also must print the forms
according to the paper type, paper weight, ink color of the manifest
instructions and binding method of its approved forms.
6f)
Paper manifests and continuation sheets must be printed according to the
following specifications:
A1)
The manifest and continuation sheet must be printed with the exact format
and appearance as USEPA Forms 8700-22 and 8700-22A, respectively.
However, information required to complete the manifest may be
preprinted on the manifest form.
B2)
A unique manifest tracking number assigned in accordance with a
numbering system approved by USEPA must be pre-printed in Item 4 of
the manifest. The tracking number must consist of a unique three-letter
suffix following nine digits.
C3)
The manifest and continuation sheet must be printed on 8½
×
11-inch
white paper, excluding common stubs (
e.g.
, top- or side-bound stubs).
The paper must be durable enough to withstand normal use.
D4)
The manifest and continuation sheet must be printed in black ink that can
be legibly photocopied, scanned, and faxed, except that the marginal
words indicating copy distribution must be in red ink.
E5)
The manifest and continuation sheet must be printed as six-copy forms.
Copy-to-copy registration must be exact within 1
∕
32 inch. Handwritten
and typed impressions on the form must be legible on all six copies.
Copies must be bound together by one or more common stubs that
reasonably ensure that they will not become detached inadvertently during
normal use.
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F6)
Each copy of the manifest and continuation sheet must indicate how the
copy must be distributed, as follows:
iA)
Page 1 (top copy): “Designated facility to destination State (if
required).”
iiB)
Page 2: “Designated facility to generator State (if required).”
iiiC) Page 3: “Designated facility to generator.”
ivD) Page 4: “Designated facility’s copy.”
vE)
Page 5: “Transporter’s copy.”
viF)
Page 6 (bottom copy): “Generator’s initial copy.”
G7)
The instructions in the appendix to 40 CFR 262 (Uniform Hazardous
Waste Manifest and Instructions (EPA Forms 8700-22 and 8700-22A and
Their Instructions)), incorporated by reference in 35 Ill. Adm. Code
720.111(b), must appear legibly on the back of the copies of the manifest
and continuation sheet as provided in 40 CFR 262.21(f), as described in
this subsection (b)(6) and subsection (b)(14) of this Section (f). The
instructions must not be visible through the front of the copies when
photocopied or faxed.
BOARD NOTE: Subsection (b)(6)(G) corresponds with 40 CFR
262.21(f)(7) (2004), as amended at 70 Fed. Reg. 10776 (March 4,
2005). The Board has moved 40 CFR 262.21(f)(7)(i) and (f)(7)(ii)
to appear as subsections (b)(14)(A) and (b)(14)(B) to comport with
Illinois Administrative Code codification requirements.
A)
Manifest Form 8700-22.
i)
The “Instructions for Generators” on Copy 6;
ii)
The “Instructions for International Shipment Block” and
“Instructions for Transporters” on Copy 5; and
iii)
The “Instructions for Treatment, Storage, and Disposal
Facilities” on Copy 4.
B)
Manifest Form 8700-22A.
i)
The “Instructions for Generators” on Copy 6;
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ii)
The “Instructions for Transporters” on Copy 5; and
iii)
The “Instructions for Treatment, Storage, and Disposal
Facilities” on Copy 4.
7g)
Use of approved manifests.
A1)
A generator may use manifests printed by any source so long as the source
of the printed form has received approval from USEPA to print the
manifest pursuant to 40 CFR 262.21(c) and (e), as described in
subsections (b)(3) (c) and (b)(5) (e) of this Section. A registered source
may be any of the following:
iA)
A state agency;
iiB)
A commercial printer;
iiiC) A hazardous waste generator, transporter, or treatment, storage, or
disposal facility; or
ivD) A hazardous waste broker or other preparer who prepares or
arranges shipments of hazardous waste for transportation.
B2)
The waste generator must determine whether the generator state or the
consignment state for a shipment regulates any additional wastes (beyond
those regulated federally) as hazardous wastes under these states’
authorized programs. The generator must also determine whether the
consignment state or generator state requires the generator to submit any
copies of the manifest to these states. In cases where the generator must
supply copies to either the generator’s state or the consignment state, the
generator is responsible for supplying legible photocopies of the manifest
to these states.
8h)
Manifest revisions.
A1)
If an approved registrant would like to update any of the information
provided in its application approved by USEPA pursuant to 40 CFR
262.21(c), as described in subsection (b)(3) (c) of this Section (e.g., to
update a company phone number or name of contact person), the
registrant must revise the application and submit it to the USEPA Director
of the Office of Solid Waste, along with an indication or explanation of
the update, as soon as practicable after the change occurs. The USEPA
will either approve or deny the revision. If USEPA denies the revision, it
will explain the reasons for the denial, and it will contact the registrant and
request further modification before approval.
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B2)
If the registrant would like a new tracking number suffix, the registrant
must submit a proposed suffix to the USEPA Director of the Office of
Solid Waste, along with the reason for requesting it. USEPA will either
approve the suffix or deny the suffix and provide an explanation why it is
not acceptable.
C3)
If a registrant would like to change the paper type, paper weight, ink color
of the manifest instructions, or binding method of its manifest or
continuation sheet subsequent to approval by USEPA pursuant to 40 CFR
262.21(e), as described in this subsection (b)(5) (e) of this Section, then
the registrant must submit three samples of the revised form for USEPA
review and approval. If the approved registrant would like to use a new
printer, the registrant must submit three manifest samples printed by the
new printer, along with a brief description of the printer’s qualifications to
print the manifest. USEPA will evaluate the manifests and either approve
the registrant to print the forms as proposed or request additional
information or modification to them before approval. USEPA will notify
the registrant of its decision by mail. The registrant cannot use or
distribute its revised forms until USEPA approves them.
9i)
If, subsequent to its approval by USEPA pursuant to 40 CFR 262.21(e), as
described in subsection (b)(5) (e) of this Section, a registrant typesets its manifest
or continuation sheet instead of using the electronic file of the forms provided by
USEPA, it must submit three samples of the manifest or continuation sheet to the
registry for approval. USEPA will evaluate the manifests or continuation sheets
and either approve the registrant to print them as proposed or request additional
information or modification to them before approval. USEPA will notify the
registrant of its decision by mail. The registrant cannot use or distribute its
typeset forms until USEPA approves them.
10j)
USEPA may exempt a registrant from the requirement to submit form samples
pursuant to 40 CFR 262.21(d) or (h)(3), as described in subsection (b)(4) (d) or
(b)(8)(C)
(h)(3) of this Section, if USEPA is persuaded that a separate review of
the registrant’s forms would serve little purpose in informing an approval
decision (e.g., a registrant certifies that it will print the manifest using the same
paper type, paper weight, ink color of the instructions, and binding method of the
form samples approved for some other registrant). A registrant may request an
exemption from USEPA by indicating why an exemption is warranted.
11k) An approved registrant must notify USEPA by phone or email as soon as it
becomes aware that it has duplicated tracking numbers on any manifests that have
been used or distributed to other parties.
12l)
If, subsequent to approval of a registrant by USEPA pursuant to 40 CFR
262.21(e), as described in subsection (b)(5) (e) of this Section, USEPA becomes
aware that the approved paper type, paper weight, ink color of the instructions, or
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binding method of the registrant’s form is unsatisfactory, USEPA will contact the
registrant and require modifications to the form.
13m) Effects of non-compliance.
A1)
USEPA may suspend and, if necessary, revoke printing privileges if we
find that the registrant has done either of the following:
iA)
The registrant has used or distributed forms that deviate from its
approved form samples in regard to paper weight, paper type, ink
color of the instructions, or binding method; or
iiB)
The registrant exhibits a continuing pattern of behavior in using or
distributing manifests that contain duplicate manifest tracking
numbers.
B2)
USEPA will send a warning letter to the registrant that specifies the date
by which it must come into compliance with the requirements. If the
registrant does not come in compliance by the specified date, USEPA will
send a second letter notifying the registrant that USEPA has suspended or
revoked its printing privileges. An approved registrant must provide
information on its printing activities to the Agency and USEPA if
requested.
14)
Required manifest instructions.
A)
Manifest Form 8700-22.
i)
The “Instructions for Generators” on Copy 6;
ii)
The “Instructions for International Shipment Block” and
“Instructions for Transporters” on Copy 5; and
iii)
The “Instructions for Treatment, Storage, and Disposal
Facilities” on Copy 4.
B)
Manifest Form 8700-22A.
i)
The “Instructions for Generators” on Copy 6;
ii)
The “Instructions for Transporters” on Copy 5; and
iii)
The “Instructions for Treatment, Storage, and Disposal
Facilities” on Copy 4.
BOARD NOTE: Subsection (b)(14)(A) and (b)(14)(B) are derived from
223
40 CFR 262.21(f)(7)(i) and (f)(7)(ii) (2004), as amended at 70 Fed. Reg.
10776 (March 4, 2005). These provisions would normally correspond
with subsections (b)(6)(G)(i) and (b)(6)(G)(ii) of this Section. The Board
has moved 40 CFR 262.21(f)(7)(i) and (f)(7)(ii) to appear as subsections
(b)(14)(A) and (b)(14)(B) of this Section to comport with Illinois
Administrative Code codification requirements.
BOARD NOTE: Subsection (a) is derived from 40 CFR 262.21 (2004), effective until Sept. 5,
2006. Subsection (b) is derived from 40 CFR 262.21 (2005), effective Sept. 5, 2006.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 722.127
Waste Minimization Certification
Effective Sept. 5, 2006, a A generator that initiates a shipment of hazardous waste must certify to
one of the following statements in Item 15 of the uniform hazardous waste manifest:
a)
“I am a large quantity generator. I have a program in place to reduce the volume
and toxicity of waste generated to the degree I have determined to be
economically practicable and I have selected the practicable method of treatment,
storage, or disposal currently available to me which minimizes the present and
future threat to human health and the environment”; or
b)
“I am a small quantity generator. I have made a good faith effort to minimize my
waste generation and select the best waste management method that is available
to me and that I can afford.”
BOARD NOTE: 35 Ill. Adm. Code 720.110 defines a “small quantity generator” as a generator
that generates less than 1,000 kilograms of hazardous waste in any calendar month. There is no
corresponding definition of “large quantity generator” in the federal regulations, but the Board
interprets the term to mean a hazardous waste generator that is not a small quantity generator.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART C: PRE-TRANSPORT REQUIREMENTS
Section 722.132
Marking
a)
Before transporting or offering hazardous waste for transportation off-site, a
generator must mark each package of hazardous waste in accordance with the
applicable USDOT regulations on hazardous materials under 49 CFR 172
(Hazardous Materials Table, Special Provisions, Hazardous Materials
Communications, Emergency Response Information, and Training
Requirements), incorporated by reference in 35 Ill. Adm. Code 720.111(b);
b)
Marking small containers.
224
1)
Until Sept. 5, 2006, before transporting hazardous waste or offering
hazardous waste for transportation off-site, a generator must mark each
container of 416 liters (110 gallons) or less that is used in such transportation
with the following words and information displayed in accordance with the
requirements of 49 CFR 172.304 (Marking Requirements), incorporated by
reference in 35 Ill. Adm. Code 720.111(b):
HAZARDOUS WASTE -- Federal Law Prohibits Improper Disposal.
If found, contact the nearest police or public safety authority or the
U.S. Environmental Protection Agency.
Generator’s Name and Address _______________________.
Manifest Document Number _________________________.
2b)
Effective Sept. 5, 2006, before Before transporting hazardous waste or offering
hazardous waste for transportation off-site, a generator must mark each container of
450 liters (110 gallons) or less that is used in such transportation with the following
words and information displayed in accordance with the requirements of 49 CFR
172.304 (Marking Requirements), incorporated by reference in 35 Ill. Adm. Code
720.111(b):
HAZARDOUS WASTE--Federal Law Prohibits Improper Disposal. If
found, contact the nearest police or public safety authority or the U.S.
Environmental Protection Agency.
Generator’s Name and Address _______________________.
Generator’s USEPA Identification Number ______________.
Manifest Tracking Number ___________________________.
BOARD NOTE: Subsection (b)(1) is derived from 40 CFR 262.32(b) (2004),
effective until Sept. 5, 2006. Subsection (b)(2) is derived from 40 CFR 262.32(b)
(2005), effective Sept. 5, 2006.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 722.133
Placarding
a)
Until Sept. 5, 2006, before transporting hazardous waste or offering hazardous
waste for transportation off-site, a generator must placard or offer the initial
transporter the appropriate placards according to USDOT regulations for hazardous
materials under subpart F of 49 CFR 172 (Placarding), incorporated by reference
in 35 Ill. Adm. Code 720.111(b).
225
b)
Effective Sept. 5, 2006, before Before transporting hazardous waste or offering hazardous
waste for transportation off-site, a generator must placard or offer the initial transporter the
appropriate placards according to USDOT regulations for hazardous materials under subpart F of
49 CFR 172 (Placarding), incorporated by reference in 35 Ill. Adm. Code 720.111(b). If
placards are not required, a generator must mark each motor vehicle according to 49 CFR
171.3(b)(1) (Hazardous Waste), incorporated by reference in 35 Ill. Adm. Code 720.111(b).
BOARD NOTE: Subsection (a) is derived from 40 CFR 262.33 (2004), effective until Sept. 5,
2006. Subsection (b) is derived from 40 CFR 262.33 (2005), effective Sept. 5, 2006.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 722.134
Accumulation Time
a)
Except as provided in subsection (d), (e), (f), (g), (h), or (i) of this Section, a
generator is exempt from all the requirements in Subparts G and H of 35 Ill. Adm.
Code 725, except for 35 Ill. Adm. Code 725.211 and 725.214, and may
accumulate hazardous waste on-site for 90 days or less without a permit or
without having interim status, provided that the following conditions are fulfilled:
1)
The waste is placed in or on one of the following types of units, and the
generator complies with the applicable requirements:
A)
In containers, and the generator complies with Subparts I, AA, BB,
and CC of 35 Ill. Adm. Code 725;
B)
In tanks, and the generator complies with Subparts J, AA, BB, and
CC of 35 Ill. Adm. Code 725, except 35 Ill. Adm. Code 725.297(c)
and 725.300;
C)
On drip pads, and the generator complies with Subpart W of 35 Ill.
Adm. Code 725 and maintains the following records at the facility:
i)
A description of the procedures that will be followed to
ensure that all wastes are removed from the drip pad and
associated collection system at least once every 90 days;
and
ii)
Documentation of each waste removal, including the
quantity of waste removed from the drip pad and the sump
or collection system and the date and time of removal; or
D)
In containment buildings, and the generator complies with Subpart
DD of 35 Ill. Adm. Code 725 (has placed its Professional Engineer
(PE) certification that the building complies with the design
226
standards specified in 35 Ill. Adm. Code 725.1101 in the facility’s
operating record prior to the date of initial operation of the unit).
The owner or operator must maintain the following records at the
facility:
i)
A written description of procedures to ensure that each
waste volume remains in the unit for no more than 90 days,
a written description of the waste generation and
management practices for the facility showing that they are
consistent with respect to the 90 day limit, and
documentation that the procedures are complied with; or
ii)
Documentation that the unit is emptied at least once every
90 days;
BOARD NOTE: The Board placed the “in addition” hanging subsection
that appears in the federal rules after 40 CFR 262.34(a)(1)(iv)(B) in the
introduction to subsection (a) of this Section.
2)
The date upon which each period of accumulation begins is clearly
marked and visible for inspection on each container;
3)
While being accumulated on-site, each container and tank is labeled or
marked clearly with the words “Hazardous Waste”; and
4)
The generator complies with the requirements for owners or operators in
Subparts C and D of 35 Ill. Adm. Code 725 and with 35 Ill. Adm. Code
725.116 and 728.107(a)(5).
b)
A generator that accumulates hazardous waste for more than 90 days is an
operator of a storage facility. Such a generator is subject to the requirements of
35 Ill. Adm. Code 724 and 725 and the permit requirements of 35 Ill. Adm. Code
702, 703, and 705, unless the generator has been granted an extension of the 90-
day period. If hazardous wastes must remain on-site for longer than 90 days due
to unforeseen, temporary, and uncontrollable circumstances, the generator may
seek an extension of up to 30 days by means of a variance or provisional variance,
pursuant to Sections 35(b), 36(c), and 37(b) of the Environmental Protection Act
[415 ILCS 5/35(b), 36(c), and 37(b)] and 35 Ill. Adm. Code 180 (Agency
procedural regulations).
c)
Accumulation near the point of generation.
1)
A generator may accumulate as much as 55 gallons of hazardous waste or
one quart of acutely hazardous waste listed in 35 Ill. Adm. Code
721.133(e) in containers at or near any point of generation where wastes
initially accumulate that is under the control of the operator of the process
227
generating the waste without a permit or interim status and without
complying with subsection (a) of this Section, provided the generator does
the following:
A)
The generator complies with 35 Ill. Adm. Code 725.271, 725.272,
and 725.273(a); and
B)
The generator marks the containers either with the words
“Hazardous Waste” or with other words that identify the contents
of the containers.
2)
A generator that accumulates either hazardous waste or acutely hazardous
waste listed in 35 Ill. Adm. Code 721.133(e) in excess of the amounts
listed in subsection (c)(1) of this Section at or near any point of generation
must, with respect to that amount of excess waste, comply within three
days with subsection (a) of this Section or other applicable provisions of
this Chapter. During the three day period the generator must continue to
comply with subsection (c)(1) of this Section. The generator must mark
the container holding the excess accumulation of hazardous waste with the
date the excess amount began accumulating.
d)
A generator that generates greater than 100 kilograms but less than 1,000
kilograms of hazardous waste in a calendar month may accumulate hazardous
waste on-site for 180 days or less without a permit or without having interim
status provided that the following conditions are fulfilled:
1)
The quantity of waste accumulated on-site never exceeds 6,000 kilograms;
2)
The generator complies with the requirements of Subpart I of 35 Ill. Adm.
Code 725 (except 35 Ill. Adm. Code 725.276 and 725.278);
3)
The generator complies with the requirements of 35 Ill. Adm. Code
725.301;
4)
The generator complies with the requirements of subsections (a)(2) and
(a)(3) of this Section, Subpart C of 35 Ill. Adm. Code 725, and 35 Ill.
Adm. Code 728.107(a)(5); and
5)
The generator complies with the following requirements:
A)
At all times there must be at least one employee either on the
premises or on call (i.e., available to respond to an emergency by
reaching the facility within a short period of time) with the
responsibility for coordinating all emergency response measures
specified in subsection (d)(5)(D) of this Section. The employee is
the emergency coordinator.
228
B)
The generator must post the following information next to the
telephone:
i)
The name and telephone number of the emergency
coordinator;
ii)
Location of fire extinguishers and spill control material
and, if present, fire alarm; and
iii)
The telephone number of the fire department, unless the
facility has a direct alarm.
C)
The generator must ensure that all employees are thoroughly
familiar with proper waste handling and emergency procedures,
relevant to their responsibilities during normal facility operations
and emergencies.
D)
The emergency coordinator or designee must respond to any
emergencies that arise. The following are applicable responses:
i)
In the event of a fire, call the fire department or attempt to
extinguish it using a fire extinguisher;
ii)
In the event of a spill, contain the flow of hazardous waste
to the extent possible and, as soon as is practicable, clean
up the hazardous waste and any contaminated materials or
soil; and
iii)
In the event of a fire, explosion, or other release that could
threaten human health outside the facility, or when the
generator has knowledge that a spill has reached surface
water, the generator must immediately notify the National
Response Center (using its 24-hour toll free number 800-
424-8802).
E)
A report to the National Response Center pursuant to subsection
(d)(5)(D)(iii) of this Section must include the following
information:
i)
The name, address, and USEPA identification number
(Section 722.112 of this Part) of the generator;
ii)
The date, time, and type of incident (e.g., spill or fire);
iii)
The quantity and type of hazardous waste involved in the
229
incident; the extent of injuries, if any; and
iv)
The estimated quantity and disposition of recoverable
materials, if any.
BOARD NOTE: The Board has codified 40 CFR
262.34(d)(5)(iv)(C)(1) through (d)(5)(iv)(C)(5) as subsections
(d)(5)(E)(i) through (d)(5)(E)(iv) because Illinois Administrative
Code codification requirements do not allow the use of a fifth level
of subsection indents.
e)
A generator that generates greater than 100 kilograms but less than 1,000
kilograms of hazardous waste in a calendar month and that must transport the
waste or offer the waste for transportation over a distance of 200 miles or more
for off-site treatment, storage, or disposal may accumulate hazardous waste on-
site for 270 days or less without a permit or without having interim status,
provided that the generator complies with the requirements of subsection (d) of
this Section.
f)
A generator that generates greater than 100 kilograms but less than 1,000
kilograms of hazardous waste in a calendar month and that accumulates
hazardous waste in quantities exceeding 6,000 kg or accumulates hazardous waste
for more than 180 days (or for more than 270 days if the generator must transport
the waste or offer the waste for transportation over a distance of 200 miles or
more) is an operator of a storage facility and is subject to the requirements of 35
Ill. Adm. Code 724 and 725 and the permit requirements of 35 Ill. Adm. Code
703, unless the generator has been granted an extension to the 180-day (or 270-
day if applicable) period. If hazardous wastes must remain on-site for longer than
180 days (or 270 days if applicable) due to unforeseen, temporary, and
uncontrollable circumstances, the generator may seek an extension of up to 30
days by means of variance or provisional variance pursuant to Sections 35(b),
36(c), and 37(b) of the Environmental Protection Act [415 ILCS 5/35(b), 36(c),
and 37(b)].
g)
A generator that generates 1,000 kilograms or greater of hazardous waste per
calendar month which also generates wastewater treatment sludges from
electroplating operations that meet the listing description for the RCRA hazardous
waste code F006, may accumulate F006 waste on-site for more than 90 days, but
not more than 180 days, without a permit or without having interim status
provided that the generator fulfills the following conditions:
1)
The generator has implemented pollution prevention practices that reduce
the amount of any hazardous substances, pollutants, or contaminants
entering F006 or otherwise released to the environment prior to its
recycling;
230
2)
The F006 waste is legitimately recycled through metals recovery;
3)
No more than 20,000 kilograms of F006 waste is accumulated on-site at
any one time; and
4)
The F006 waste is managed in accordance with the following conditions:
A)
The F006 waste is placed in one of the following containing
devices:
i)
In containers and the generator complies with the
applicable requirements of Subparts I, AA, BB, and CC of
35 Ill. Adm. Code 725;
ii)
In tanks and the generator complies with the applicable
requirements of Subparts J, AA, BB, and CC of 35 Ill.
Adm. Code 725, except 35 Ill. Adm. Code 725.297(c) and
725.300; or
iii)
In containment buildings, and the generator complies with
Subpart DD of 35 Ill. Adm. Code 725 and has placed its
professional engineer certification that the building
complies with the design standards specified in 35 Ill.
Adm. Code 725.1101 in the facility’s operating record prior
to operation of the unit. The owner or operator must
maintain the records listed in subsection (g)(4)(F) of this
Section at the facility;
B)
In addition, such a generator is exempt from all the requirements in
Subparts G and H of 35 Ill. Adm. Code 725, except for 35 Ill.
Adm. Code 725.211 and 725.214;
C)
The date upon which each period of accumulation begins is clearly
marked and visible for inspection on each container;
D)
While being accumulated on-site, each container and tank is
labeled or marked clearly with the words, “Hazardous Waste”; and
E)
The generator complies with the requirements for owners or
operators in Subparts C and D of 35 Ill. Adm. Code 725, with 35
Ill. Adm. Code 725.116, and with 35 Ill. Adm. Code 728.107(a)(5).
F)
Required records for a containment building:
i)
A written description of procedures to ensure that the F006
waste remains in the unit for no more than 180 days, a
231
written description of the waste generation and
management practices for the facility showing that they are
consistent with the 180-day limit, and documentation that
the generator is complying with the procedures; or
ii)
Documentation that the unit is emptied at least once every
180 days.
BOARD NOTE: The Board has codified 40 CFR
262.34(g)(4)(i)(C)(
1
) and (g)(4)(i)(C)(
2
) as subsections
(g)(4)(F)(i) and (g)(4)(F)(ii) because Illinois Administrative Code
codification requirements do not allow the use of a fifth level of
subsection indents.
h)
A generator that generates 1,000 kilograms or greater of hazardous waste per
calendar month, which also generates wastewater treatment sludges from
electroplating operations that meet the listing description for the RCRA hazardous
waste code F006, and which must transport this waste or offer this waste for
transportation over a distance of 200 miles or more for off-site metals recovery
may accumulate F006 waste on-site for more than 90 days, but not more than 270
days, without a permit or without having interim status if the generator complies
with the requirements of subsections (g)(1) through (g)(4) of this Section.
i)
A generator accumulating F006 in accordance with subsections (g) and (h) of this
Section that accumulates F006 waste on-site for more than 180 days (or for more
than 270 days if the generator must transport this waste or offer this waste for
transportation over a distance of 200 miles or more) or which accumulates more
than 20,000 kilograms of F006 waste on-site is an operator of a storage facility,
and such a generator is subject to the requirements of 35 Ill. Adm. Code 724 and
725 and the permit requirements of 35 Ill. Adm. Code 702 and 703, unless the
generator has been granted an extension to the 180-day (or 270-day if applicable)
period or an exception to the 20,000 kilogram accumulation limit.
1)
On a case-by-case basis, the Agency must grant a provisional variance that
allows an extension of the accumulation time up to an additional 30 days
pursuant to Sections 35(b), 36(c), and 37(b) of the Act [415 ILCS 5/35(b),
36(c), and 37(b)] if it finds that the F006 waste must remain on-site for
longer than 180 days (or 270 days if applicable) due to unforeseen,
temporary, and uncontrollable circumstances.
2)
On a case-by-case basis, the Agency must grant a provisional variance
pursuant to Sections 35(b), 36(c), and 37(b) of the Act [415 ILCS 5/35(b),
36(c), and 37(b)] that allows an exception to the 20,000 kilogram
accumulation limit if the Agency finds that more than 20,000 kilograms of
F006 waste must remain on-site due to unforeseen, temporary, and
uncontrollable circumstances.
232
3)
A generator must follow the procedure of 35 Ill. Adm. Code 180 (Agency
procedural rules) when seeking a provisional variance under subsection
(i)(1) or (i)(2) of this Section.
j)
A member of the federal National Environmental Performance Track program
that generates 1,000 kg or greater of hazardous waste per month (or one kilogram
or more of acute hazardous waste) may accumulate hazardous waste on-site
without a permit or interim status for an extended period of time, provided that
the following conditions are fulfilled:
1)
The generator accumulates the hazardous waste for no more than 180
days, or for no more than 270 days if the generator must transport the
waste (or offer the waste for transport) more than 200 miles from the
generating facility;
2)
The generator first notifies USEPA Region 5 and the Agency in writing of
its intent to begin accumulation of hazardous waste for extended time
periods under the provisions of this Section. Such advance notice must
include the following information:
A)
The name and USEPA ID number of the facility and specification
of when the facility will begin accumulation of hazardous wastes
for extended periods of time in accordance with this Section;
B)
A description of the types of hazardous wastes that will be
accumulated for extended periods of time and the units that will be
used for such extended accumulation;
C)
A statement that the facility has made all changes to its operations;
procedures, including emergency preparedness procedures; and
equipment, including equipment needed for emergency
preparedness, that will be necessary to accommodate extended
time periods for accumulating hazardous wastes; and
D)
If the generator intends to accumulate hazardous wastes on-site for
up to 270 days, a certification that a facility that is permitted (or
operating under interim status) under 35 Ill. Adm. Code 702 and
703, federal 40 CFR 270, or the corresponding regulations of a
sister state to receive these wastes is not available within 200 miles
of the generating facility;
3)
The waste is managed in the following types of units:
A)
Containers, in accordance with the applicable requirements of
Subparts I, AA, BB, and CC of 35 Ill. Adm. Code 725 and 35 Ill.
233
Adm. Code 724.275;
B)
Tanks, in accordance with the requirements of Subparts J, AA, BB,
and CC of 35 Ill. Adm. Code 725, except for Sections 725.297(c)
and Section 725.300;
C)
Drip pads, in accordance with Subpart W of 35 Ill. Adm. Code
725; or
D)
Containment buildings, in accordance with Subpart DD of 35 Ill.
Adm. Code 725;
4)
The quantity of hazardous waste that is accumulated for extended time
periods at the facility does not exceed 30,000 kg;
5)
The generator maintains the following records at the facility for each unit
used for extended accumulation times:
A)
A written description of procedures to ensure that each waste
volume remains in the unit for no more than 180 days (or 270
days, as applicable), a description of the waste generation and
management practices at the facility showing that they are
consistent with the extended accumulation time limit, and
documentation that the procedures are complied with; or
B)
Documentation that the unit is emptied at least once every 180
days (or 270 days, if applicable);
6)
Each container or tank that is used for extended accumulation time periods
is labeled or marked clearly with the words “Hazardous Waste,” and for
each container the date upon which each period of accumulation begins is
clearly marked and visible for inspection;
7)
The generator complies with the requirements for owners and operators in
Subparts C and D of 35 Ill. Adm. Code 725, 35 Ill. Adm. Code 725.116,
and 35 Ill. Adm. Code 728.107(a)(5). In addition, such a generator is
exempt from all the requirements in Subparts G and H of 35 Ill. Adm.
Code 725, except for 35 Ill. Adm. Code 725.211 and 725.214;
8)
The generator has implemented pollution prevention practices that reduce
the amount of any hazardous substances, pollutants, or contaminants
released to the environment prior to its recycling, treatment, or disposal;
and
9)
The generator includes the following information with its federal National
Environmental Performance Track Annual Performance Report, which
234
must be submitted to the USEPA Region 5 and the Agency:
A)
Information on the total quantity of each hazardous waste
generated at the facility that has been managed in the previous year
according to extended accumulation time periods;
B)
Information for the previous year on the number of off-site
shipments of hazardous wastes generated at the facility, the types
and locations of destination facilities, how the wastes were
managed at the destination facilities (e.g., recycling, treatment,
storage, or disposal), and what changes in on-site or off-site waste
management practices have occurred as a result of extended
accumulation times or other pollution prevention provisions of this
Section;
C)
Information for the previous year on any hazardous waste spills or
accidents occurring at extended accumulation units at the facility,
or during off-site transport of accumulated wastes; and
D)
If the generator intends to accumulate hazardous wastes on-site for
up to 270 days, a certification that a facility that is permitted (or
operating under interim status) under 35 Ill. Adm. Code 702 and
703, federal 40 CFR 270, or the corresponding regulations of a
sister state to receive these wastes is not available within 200 miles
of the generating facility.
BOARD NOTE: The National Environmental Performance Track program is
operated exclusively by USEPA. USEPA established the program in 2000 (see
65 Fed. Reg. 41655 (July 6, 2000)) and amended it in 2004 (see 69 Fed. Reg.
27922 (May 17, 2004)). USEPA confers membership in the program on
application of interested and eligible entities. Information about the program is
available from a website maintained by USEPA:
www.epa.gov/performancetrack.
k)
If the Agency finds that hazardous wastes must remain on-site at a federal
National Environmental Performance Track member facility for longer than the
180 days (or 270 days, if applicable) allowed under subsection (j) of this Section
due to unforeseen, temporary, and uncontrollable circumstances, it must grant an
extension to the extended accumulation time period of up to 30 days on a case-by-
case basis by a provisional variance pursuant to Sections 35(b), 36(c), and 37(b)
of the Act [415 ILCS 5/35(b), 36(c), and 37(b)].
1)
If a generator that is a member of the federal National Environmental
Performance Track program withdraws from the National Environmental
Performance Track program or if USEPA Region 5 terminates a generator’s
membership, the generator must return to compliance with all otherwise
235
applicable hazardous waste regulations as soon as possible, but no later than six
months after the date of withdrawal or termination.
m)
Effective Sept. 5, 2006, a A generator that sends a shipment of hazardous waste to
a designated facility with the understanding that the designated facility can accept
and manage the waste and which later receives that shipment back as a rejected
load or residue in accordance with the manifest discrepancy provisions of 35 Ill.
Adm. Code 724.172 or 725.172 may accumulate the returned waste on-site in
accordance with subsections (a) and (b) or (d), (e), and (f) of this Section,
depending on the amount of hazardous waste on-site in that calendar month.
Upon receipt of the returned shipment, the generator must sign the appropriate of
the following:
1)
Item 18c of the manifest, if the transporter returned the shipment using the
original manifest; or
2)
Item 20 of the manifest, if the transporter returned the shipment using a
new manifest.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART E: EXPORTS OF HAZARDOUS WASTE
ection 722.158
International Agreements
a)
Any person that exports or imports hazardous waste subject to either the manifest
requirements of this Part or the universal waste management standards of 35 Ill.
Adm. Code 733 which is shipped to or from designated member countries of the
Organisation for Economic Co-operation and Development (OECD), as defined
in subsection (a)(1) of this Section, for purposes of recovery is subject to the
requirements of Subpart H of this Part. The requirements of Subparts E and F of
this Part do not apply where Subpart H of this Part applies.
1)
For the purposes of this Subpart E, the designated OECD countries are
Australia, Austria, Belgium, the Czech Republic,
Denmark, Finland,
France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan,
Luxembourg, the
Netherlands, New Zealand, Norway, Portugal, the
Slovak Republic, South Korea, Spain, Sweden, Switzerland, Turkey, the
United Kingdom, and the United States.
2)
Only for the purposes of transit under this Subpart E, Canada and Mexico
are considered OECD member countries.
b)
Any person that exports hazardous waste to or imports hazardous waste from any
designated OECD member country for purposes other than recovery (e.g.,
incineration, disposal, etc.), Mexico (for any purpose), or Canada (for any
236
purpose) remains subject to the requirements of Subparts E and F of this Part.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART F: IMPORTS OF HAZARDOUS WASTE
Section 722.160
Imports of Hazardous Waste
a)
Any person that imports hazardous waste from a foreign country into the United
States must comply with the requirements of this Part and the special requirements of
this Subpart F.
b)
When importing hazardous waste, a person must meet all the requirements of Section
722.120(a) for the manifest, except that the following information items are
substituted:
1)
In place of the generator’s name, address, and USEPA identification number,
the name and address of the foreign generator and the importer’s name,
address, and USEPA identification number must be used.
2)
In place of the generator’s signature on the certification statement, the United
States importer or the importer’s agent must sign and date the certification
and obtain the signature of the initial transporter.
c)
A person that imports hazardous waste must obtain the manifest form as provided in
Section 722.121(a) or (b)(7).
d)
Effective Sept. 5, 2006, in In the International Shipments block of the manifest,
the importer must check the import box and enter the point of entry (city and
State) into the United States.
e)
Effective Sept. 5, 2006, the
The importer must provide the transporter with an
additional copy of the manifest to be submitted by the receiving facility to
USEPA in accordance with 35 Ill. Adm. Code 724.171(a)(2)(C) 724.171(a)(3) or
725.171(a)(2)(C) 725.171(a)(3), as appropriate.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART H: TRANSFRONTIER SHIPMENTS OF HAZARDOUS WASTE
FOR RECOVERY WITHIN THE OECD
Section 722.183
Notification and Consent
a)
Applicability. Consent must be obtained from the competent authorities of the
relevant OECD importing and transit countries prior to exporting hazardous waste
destined for recovery operations subject to this Subpart H. Hazardous wastes
237
subject to amber-list controls are subject to the requirements of subsection (b) of
this Section; hazardous wastes subject to red-list controls are subject to the
requirements of subsection (c) of this Section; and wastes not identified on any
list are subject to the requirements of subsection (d) of this Section.
b)
Amber-list wastes. The export from the U.S. of hazardous waste, as described in
Section 722.180(a), that is amber-list waste is prohibited unless the notification
and consent requirements of subsection (b)(1) or subsection (b)(2) of this Section
are met.
1)
Transactions requiring specific consent.
A)
Notification. At least 45 days prior to commencement of the
transfrontier movement, the notifier must provide written
notification in English of the proposed transfrontier movement to
the Office of Enforcement and Compliance Assurance, Office of
Compliance, Enforcement Planning, Targeting and Data Division
(2222A), Federal Activities, International Compliance Assurance
Division (2254A), Environmental Protection Agency, 401 M St.,
SW, 1200 Pennsylvania Ave., NW, Washington, DC 20460, and
the Illinois Environmental Protection Agency, Bureau of Land,
Division of Land Pollution Control, P.O. Box 19276, Springfield,
IL 62794-9276, with the words “Attention: OECD Export
Notification” prominently displayed on the envelope. This
notification must include all of the information identified in
subsection (e) of this Section. In cases where wastes having
similar physical and chemical characteristics, the same United
Nations classification, and the same USEPA hazardous waste
codes are to be sent periodically to the same recovery facility by
the same notifier, the notifier may submit one notification of intent
to export these wastes in multiple shipments during a period of up
to one year.
B)
Tacit consent. If no objection has been lodged by any concerned
country (i.e., exporting, importing, or transit countries) to a
notification provided pursuant to subsection (b)(1)(A) of this
Section within 30 days after the date of issuance of the
Acknowledgment of Receipt of notification by the competent
authority of the importing country, the transfrontier movement
may commence. Tacit consent expires one calendar year after the
close of the 30-day period; renotification and renewal of all
consents is required for exports after that date.
C)
Written consent. If the competent authorities of all the relevant
OECD importing and transit countries provide written consent in a
period less than 30 days, the transfrontier movement may
238
commence immediately after all necessary consents are received.
Written consent expires for each relevant OECD importing and
transit country one calendar year after the date of that country’s
consent unless otherwise specified; renotification and renewal of
each expired consent is required for exports after that date.
2)
Shipments to facilities pre-approved by the competent authorities of the
importing countries to accept specific wastes for recovery.
A)
The notifier must provide USEPA and the Agency the information
identified in subsection (e) of this Section in English, at least 10
days in advance of commencing shipment to a pre-approved
facility. The notification should indicate that the recovery facility
is pre-approved, and may apply to a single specific shipment or to
multiple shipments as described in subsection (b)(1)(A) of this
Section. This information must be sent to the Office of
Enforcement and Compliance Assurance, Office of Compliance,
Enforcement Planning, Targeting and Data Division (2222A),
Federal Activities, International Compliance Assurance Division
(2254A), Environmental Protection Agency, 401 M St., SW., 1200
Pennsylvania Ave., NW, Washington, DC 20460, and the Illinois
Environmental Protection Agency, Bureau of Land, Division of
Land Pollution Control, P.O. Box 19276, Springfield, IL 62794-
9276, with the words “Attention: OECD Export Notification--Pre-
approved Facility” prominently displayed on the envelope.
B)
Shipments may commence after the notification required in
subsection (b)(1)(A) of this Section has been received by the
competent authorities of all concerned countries, unless the notifier
has received information indicating that the competent authorities
of one or more concerned countries objects to the shipment.
c)
Red-list wastes. The export from the U.S. of hazardous waste, as described in
Section 722.180(a), that is red-list waste is prohibited unless notice is given
pursuant to subsection (b)(1)(A) of this Section and the notifier receives written
consent from the importing country and any transit countries prior to
commencement of the transfrontier movement.
d)
Unlisted wastes. Waste that is not green-list waste, amber-list waste, or red-list
waste and which is considered hazardous under U.S. national procedures, as
defined in Section 722.180(a), is subject to the notification and consent
requirements established for red-list wastes in accordance with subsection (c) of
this Section. Unlisted wastes that are not considered hazardous under U.S.
national procedures, as defined in Section 722.180(a), are not subject to amber-
list or red-list controls when exported or imported.
239
e)
Notification information. Notifications submitted under this Section must include
the following information:
1)
Serial number or other accepted identifier of the notification form;
2)
Notifier name and USEPA identification number (if applicable), address,
and telephone and telefax numbers;
3)
Importing recovery facility name, address, telephone and telefax numbers,
and technologies employed;
4)
Consignee name (if not the owner or operator of the recovery facility),
address, and telephone and telefax numbers; whether the consignee will
engage in waste exchange or storage prior to delivering the waste to the
final recovery facility; and identification of recovery operations to be
employed at the final recovery facility;
5)
Intended transporters or their agents;
6)
Country of export and relevant competent authority and point of
departure;
7)
Countries of transit and relevant competent authorities and points of entry
and departure;
8)
Country of import and relevant competent authority and point of entry;
9)
Statement of whether the notification is a single notification or a general
notification. If general, include period of validity requested;
10)
Date foreseen for commencement of transfrontier movement;
11)
Designation of waste types from the appropriate list (e.g., amber-list waste
or red-list waste and waste list code), descriptions of each waste type,
estimated total quantity of each, USEPA hazardous waste code, and
United Nations number for each waste type; and
12)
Certification/Declaration signed by the notifier that states as follows:
“I certify that the above information is complete and correct to the best of
my knowledge. I also certify that legally-enforceable written contractual
obligations have been entered into, and that any applicable insurance or
other financial guarantees are or must be in force covering the transfrontier
movement.
Name: _____________________________________
240
Signature: __________________________________
Date: _____________________________________”
BOARD NOTE: The U.S. does not currently require financial assurance;
however, U.S. exporters may be asked by other governments to provide
and certify to such assurance as a condition of obtaining consent to a
proposed movement.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 722.184
Tracking Document
a)
All U.S. parties subject to the contract provisions of Section 722.185 must ensure
that a tracking document meeting the conditions of subsection (b) of this Section
accompanies each transfrontier shipment of wastes subject to amber-list or red-list
controls from the initiation of the shipment until it reaches the final recovery
facility, including cases in which the waste is stored or exchanged by the
consignee prior to shipment to the final recovery facility, except as provided in
this subsection (a).
1)
For shipments of hazardous waste within the U.S. solely by water (bulk
shipments only), the generator must forward the tracking document with
the manifest to the last water (bulk shipment) transporter to handle the
waste in the U.S. if exported by water (in accordance with the manifest
routing procedures at Section 722.123(c)).
2)
For rail shipments of hazardous waste within the U.S. that originate at the
site of generation, the generator must forward the tracking document with
the manifest (in accordance with the routing procedures for the manifest in
Section 722.123(d)) to the next non-rail transporter, if any, or the last rail
transporter to handle the waste in the U.S. if exported by rail.
b)
The tracking document must include all information required under Section
722.183 (for notification) and the following information:
1)
The date shipment commenced;
2)
The name (if not notifier), address, and telephone and telefax numbers of
primary exporter;
3)
The company name and USEPA identification number of all transporters;
4)
Identification (license, registered name, or registration number) of means
of transport, including types of packaging;
241
5)
Any special precautions to be taken by transporters;
6)
A certification or declaration signed by notifier that no objection to the
shipment has been lodged as follows:
“I certify that the above information is complete and correct to the best of
my knowledge. I also certify that legally-enforceable written contractual
obligations have been entered into, that any applicable insurance or other
financial guarantees are or must be in force covering the transfrontier
movement, and that:”
“1. All necessary consents have been received;”
“2. The shipment is directed at a recovery facility within the OECD area
and no objection has been received from any of the concerned countries
within the 30 day tacit consent period;”
“3. The shipment is directed at a recovery facility pre-authorized for that
type of waste within the OECD area, such an authorization has not been
revoked, and no objection has been received from any of the concerned
countries.”
(delete sentences that are not applicable)
“Name: _____________________________________
Signature: __________________________________
Date: _____________________________________”; and
7)
The appropriate signatures for each custody transfer (e.g., transporter,
consignee, and owner or operator of the recovery facility).
c)
Notifiers also must comply with the special manifest requirements of Section
722.154(a), (b), (c), (e), and (i) and consignees must comply with the import
requirements of Subpart F of this Part.
d)
Each U.S. person that has physical custody of the waste from the time the
movement commences until it arrives at the recovery facility must sign the
tracking document (e.g., transporter, consignee, and owner or operator of the
recovery facility).
e)
Within three working days after the receipt of imports subject to this Subpart H,
the owner or operator of the U.S. recovery facility must send signed copies of the
tracking document to the notifier, to the Office of Enforcement and Compliance
242
Assurance, Office of Compliance, Enforcement Planning, Targeting and Data
Division (2222A), Federal Activites, International Compliance Assurance
Division (2254A), Environmental Protection Agency, 401 M St., SW, 1200
Pennsylvania Ave., NW, Washington, DC 20460, and to the competent authorities
of the exporting and transit countries.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 722.187
Reporting and Recordkeeping
a)
Annual reports. For all waste movements subject to this Subpart H, persons (e.g.,
notifiers, recognized traders, etc.) that meet the definition of primary exporter in
Section 722.151 must file an annual report with the Office of Enforcement and
Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting
and Data Division (2222A), Federal Activites, International Compliance
Assurance Division (2254A), U.S. Environmental Protection Agency, 401 M St.,
SW, 1200 Pennsylvania Ave., NW, Washington, DC 20460 and the Illinois
Environmental Protection Agency, Bureau of Land, Division of Land Pollution
Control, P.O. Box 19276, Springfield, IL 62794, no later than March 1 of each
year summarizing the types, quantities, frequency, and ultimate destination of all
such hazardous waste exported during the previous calendar year. (If the primary
exporter is required to file an annual report for waste exports that are not covered
under this Subpart H, the person filing may include all export information in one
report provided the following information on exports of waste destined for
recovery within the designated OECD member countries is contained in a
separate Section). Such reports must include the following information:
1)
The USEPA identification number, name, and mailing and site address of
the notifier filing the report;
2)
The calendar year covered by the report;
3)
The name and site address of each final recovery facility;
4)
By final recovery facility, for each hazardous waste exported, a
description of the hazardous waste, the USEPA hazardous waste number
(from Subpart C or D of 35 Ill. Adm. Code 721); the designation of waste
types from the OECD waste list and applicable waste code from the
OECD lists, as described in the annex to OECD Council Decision
C(88)90/Final, as amended by C(94)152/Final, incorporated by reference
in 35 Ill. Adm. Code 720.111(a), USDOT hazard class; the name and
USEPA identification number (where applicable) for each transporter
used; the total amount of hazardous waste shipped pursuant to this Subpart
H; and number of shipments pursuant to each notification;
5)
In even numbered years, for each hazardous waste exported, except for
243
hazardous waste produced by exporters of greater than 100 kilograms (kg)
but less than 1,000 kg in a calendar month, and except for hazardous waste
for which information was already provided pursuant to Section 722.141:
A)
A description of the efforts undertaken during the year to reduce
the volume and toxicity of waste generated; and
B)
A description of the changes in volume and toxicity of the waste
actually achieved during the year in comparison to previous years
to the extent such information is available for years prior to 1984;
and
6)
A certification signed by the person acting as primary exporter that states
as follows:
“I certify under penalty of law that I have personally examined and am
familiar with the information submitted in this and all attached documents,
and that based on my inquiry of those individuals immediately responsible
for obtaining the information, I believe that the submitted information is
true, accurate, and complete. I am aware that there are significant
penalties for submitting false information including the possibility of fine
and imprisonment.”
b)
Exception reports. Any person that meets the definition of primary exporter in
Section 722.151 must file with USEPA and the Agency an exception report in lieu
of the requirements of Section 722.142 if any of the following occurs:
1)
The person has not received a copy of the tracking documentation signed
by the transporter stating point of departure of the waste from the United
States within 45 days from the date it was accepted by the initial
transporter;
2)
Within 90 days from the date the waste was accepted by the initial
transporter, the notifier has not received written confirmation from the
recovery facility that the hazardous waste was received; or
3)
The waste is returned to the United States.
c)
Recordkeeping.
1)
Persons that meet the definition of primary exporter in Section 722.151
must keep the following records:
A)
A copy of each notification of intent to export and all written
consents obtained from the competent authorities of concerned
countries, for a period of at least three years from the date the
244
hazardous waste was accepted by the initial transporter;
B)
A copy of each annual report, for a period of at least three years
from the due date of the report; and
C)
A copy of any exception reports and a copy of each confirmation
of delivery (i.e., tracking documentation) sent by the recovery
facility to the notifier, for at least three years from the date the
hazardous waste was accepted by the initial transporter or received
by the recovery facility, whichever is applicable.
2)
The periods of retention referred to in this Section are extended
automatically during the course of any unresolved enforcement action
regarding the regulated activity or as requested by USEPA or the Agency.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 723
STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS
WASTE
SUBPART A: GENERAL
Section
723.110
Scope
723.111
USEPA Identification Number
723.112
Transfer Facility Requirements
723.113
Electronic Reporting
SUBPART B: COMPLIANCE WITH THE MANIFEST SYSTEM AND
RECORDKEEPING
Section
723.120
The Manifest System
723.121
Compliance with the Manifest
723.122
Recordkeeping
SUBPART C: HAZARDOUS WASTE DISCHARGES
Section
723.130
Immediate Action
723.131
Discharge Cleanup
AUTHORITY: Implementing Section 7.2 and 22.4 and authorized by Section 27 of the
245
Environmental Protection Act [415 ILCS 5/7.2, 22.4 and 27].
SOURCE: Adopted in R81-22 at 5 Ill. Reg. 9781, effective May 17, 1982; amended and
codified in R81-22 at 6 Ill. Reg. 4828, effective May 17, 1982; amended in R84-9, at 9 Ill. Reg.
11961, effective July 24, 1985; amended in R86-19, at 10 Ill. Reg. 20718, effective December 2,
1986; amended in R86-46 at 11 Ill. Reg. 13570, effective August 4, 1987; amended in R87-5 at
11 Ill. Reg. 19412, effective November 12, 1987; amended in R95-6 at 19 Ill. Reg. 9945,
effective June 27, 1995; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 589, effective
December 16, 1997; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17965, effective September
28, 1998; amended in R06-5/R06-6/R06-7 at 30 Ill. Reg. 3180, effective February 23, 2006;
amended in R06-16/R06-17/R06-18 at 31 Ill. Reg. 881, effective December 20, 2006; amended
in R07-5/R07-14 at 32 Ill. Reg. ________, effective ______________________.
SUBPART B: COMPLIANCE WITH THE MANIFEST SYSTEM AND
RECORDKEEPING
Section 723.120
The Manifest System
a)
No acceptance without a manifest.
1)
The following manifest requirements apply until Sept. 5, 2006:
A)
A transporter may not accept hazardous waste from a generator
unless it is accompanied by a manifest signed in accordance with
the provisions of 35 Ill. Adm. Code 722.120. In the case of
exports other than those subject to Subpart H of 35 Ill. Adm. Code
722, a transporter may not accept such waste from a primary
exporter or other person:
i)
If the transporter knows the shipment does not conform
with the USEPA Acknowledgement of Consent (as defined
in 35 Ill. Adm. Code 722.151); and
ii)
Unless, in addition to a manifest signed in accordance with
35 Ill. Adm. Code 722.120, the waste is also accompanied
by a USEPA Acknowledgement of Consent that, except for
shipment by rail, is attached to the manifest (or shipping
paper for exports by water (bulk shipment)).
B)
For exports of hazardous waste subject to Subpart H of 35 Ill.
Adm. Code 722, a transporter may not accept hazardous waste
without a tracking document that includes all information required
by 35 Ill. Adm. Code 722.184.
2)
The following manifest requirements apply effective Sept. 5, 2006:
246
A1)
Manifest requirement. A transporter may not accept hazardous waste
from a generator unless the transporter is also provided with a manifest
signed in accordance with the provisions of 35 Ill. Adm. Code 723.123.
B2)
Exports.
iA)
In the case of exports other than those subject to Subpart H of 35
Ill. Adm. Code 722, a transporter may not accept such waste from
a primary exporter or other person if the transporter knows that the
shipment does not conform to the USEPA Acknowledgement of
Consent; and unless, in addition to a manifest signed by the
generator as provided in this Section, the transporter must also be
provided with a USEPA Acknowledgement of Consent that, except
for shipment by rail, is attached to the manifest (or shipping paper
for exports by water (bulk shipment)).
iiB)
For exports of hazardous waste subject to Subpart H of 35 Ill.
Adm. Code 722, a transporter may not accept hazardous waste
without a tracking document that includes all information required
by 35 Ill. Adm. Code 722.184.
BOARD NOTE: Subsection (a)(1) corresponds with 40 CFR 263.20(a) (2004),
effective until Sept. 5, 2006. Subsection (a)(2) corresponds with 40 CFR
263.20(a) (2005), effective Sept. 5, 2006. The Board omitted 40 CFR
263.20(a)(3) (2005), since that provision merely stated the Sept. 5, 2006 effective
date for the newer manifest requirements.
b)
Before transporting the hazardous waste, the transporter must sign and date the
manifest acknowledging acceptance of the hazardous waste from the generator.
The transporter must return a signed copy to the generator before leaving the
generator’s property.
c)
The transporter must ensure that the manifest accompanies the hazardous waste.
In the case of exports, the transporter must ensure that a copy of the USEPA
Acknowledgement of Consent also accompanies the hazardous waste.
d)
A transporter that delivers a hazardous waste to another transporter or to the
designated facility must do the following:
1)
It must obtain the date of delivery and the handwritten signature of that
transporter or of the owner or operator of the designated facility on the
manifest;
2)
It must retain one copy of the manifest in accordance with Section
723.122; and
247
3)
It must give the remaining copies of the manifest to the accepting
transporter or designated facility.
e)
Subsections (c), (d), and (f) do not apply to water (bulk shipment) transporters if
all of the following are true:
1)
The hazardous waste is delivered by water (bulk shipment) to the
designated facility;
2)
A shipping paper containing all the information required on the manifest
(excluding the USEPA identification numbers, generator certification and
signatures) accompanies the hazardous waste and, for exports, a USEPA
Acknowledgement of Consent accompanies the hazardous waste;
3)
The delivering transporter obtains the date of delivery and handwritten
signature of the owner or operator designated facility on either the
manifest or the shipping paper;
4)
The person delivering the hazardous waste to the initial water (bulk
shipment) transporter obtains the date of delivery and signature of the
water (bulk shipment) transporter on the manifest and forwards it to the
designated facility; and
5)
A copy of the shipping paper or manifest is retained by each water (bulk
shipment) transporter in accordance with Section 723.122.
f)
For shipments involving rail transportation, the following requirements apply
instead of subsections (c), (d), and (e), which do not apply:
1)
When accepting hazardous waste from a non-rail transporter, the initial
rail transporter must do the following:
A)
It must sign and date the manifest acknowledging acceptance of
the hazardous waste;
B)
It must return a signed copy of the manifest to the non-rail
transporter;
C)
It must forward at least three copies of the manifest to the
following entities:
i)
The next non-rail transporter, if any;
ii)
The designated facility, if the shipment is delivered to that
facility by rail; or
248
iii)
The last rail transporter designated to handle the waste in
the United States;
D)
It must retain one copy of the manifest and rail shipping paper in
accordance with Section 723.122.
2)
Rail transporters must ensure that a shipping paper containing all the
information required on the manifest (excluding the USEPA identification
numbers, generator certification and signatures) and, for exports, a
USEPA Acknowledgement of Consent accompanies the hazardous waste
at all times.
BOARD NOTE: Intermediate rail transporters are not required to sign
either the manifest or shipping paper.
3)
When delivering hazardous waste to the designated facility, a rail
transporter must do the following:
A)
It must obtain the date of delivery and handwritten signature of the
owner or operator of the designated facility on the manifest or the
shipping paper (if the manifest has not been received by the
facility); and
B)
It must retain a copy of the manifest or signed shipping paper in
accordance with Section 723.122.
4)
When delivering hazardous waste to a non-rail transporter a rail
transporter must do the following:
A)
It must obtain the date of delivery and the handwritten signature of
the next non-rail transporter on the manifest; and
B)
It must retain a copy of the manifest in accordance with Section
723.122.
5)
Before accepting hazardous waste from a rail transporter, a non-rail
transporter must sign and date the manifest and provide a copy to the rail
transporter.
g)
Transporters that transport hazardous waste out of the United States must do the
following:
1)
Until Sept. 5, 2006:
A)
Indicate on the manifest the date the hazardous waste left the
United States;
249
B)
Sign the manifest and retain one copy in accordance with Section
723.122(c);
C)
Return a signed copy of the manifest to the generator; and
D)
Give a copy of the manifest to a United States Customs official at
the point of departure from the United States.
2)
Effective Sept. 5, 2006:
A1)
Sign and date the manifest in the International Shipments block to indicate
the date that the hazardous waste left the United States;
B2)
Retain one copy in accordance with Section 723.122(d);
C3)
Return a signed copy of the manifest to the generator; and
D4)
Give a copy of the manifest to a U.S. Customs official at the point of
departure from the United States.
BOARD NOTE: Subsections (g)(1)(A) through (g)(1)(B) correspond with 40
CFR 263.20(g) (2004). Subsections (g)(2)(A) through (g)(2)(B) correspond with
40 CFR 263.20(g) (2005). The Board added subsections (g)(1) and (g)(2),
reciting the effective dates, based on 40 CFR 263.20(a)(3) (2005).
h)
A transporter transporting hazardous waste from a generator that generates greater
than 100 kilograms but less than 1,000 kilograms of hazardous waste in a
calendar month need not comply with this Section or Section 723.122 provided
that:
1)
The waste is being transported pursuant to a reclamation agreement
provided for in 35 Ill. Adm. Code 722.120(e);
2)
The transporter records, on a log or shipping paper, the following
information for each shipment:
A)
The name, address and USEPA Identification Number (35 Ill.
Adm. Code 722.112) of the generator of the waste;
B)
The quantity of waste accepted;
C)
All shipping information required by the United States Department
of Transportation;
D)
The date the waste is accepted; and
250
3)
The transporter carries this record when transporting waste to the
reclamation facility; and
4)
The transporter retains these records for a period of at least three years
after termination or expiration of the agreement.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 723.121
Compliance with the Manifest
a)
The transporter must deliver the entire quantity of hazardous waste which he has
accepted from a generator or a transporter to:
1)
The designated facility listed on the manifest; or
2)
The alternate designated facility, if the hazardous waste cannot be
delivered to the designated facility because an emergency prevents
delivery; or
3)
The next designated transporter; or
4)
The place outside the United States designated by the generator.
b)
Non-delivery of the hazardous waste.
1)
Until Sept. 5, 2006, if the hazardous waste cannot be delivered in
accordance with subsection (a) of this Section, the transporter must
contact the generator for further directions and must revise the manifest
according to the generator’s instructions.
2)
Effective Sept. 5, 2006.
A1)
If the hazardous waste cannot be delivered in accordance with subsection
(a) of this Section because of an emergency condition other than rejection
of the waste by the designated facility, then the transporter must contact
the generator for further directions and must revise the manifest according
to the generator’s instructions.
B2)
If hazardous waste is rejected by the designated facility while the
transporter is on the premises of the designated facility, then the
transporter must obtain the following, as appropriate:
iA)
For a partial load rejection or for regulated quantities of container
residues: a copy of the original manifest that includes the facility’s
date and signature, the manifest tracking number of the new
251
manifest that will accompany the shipment, and a description of
the partial rejection or container residue in the discrepancy block
of the original manifest. The transporter must retain a copy of this
manifest in accordance with Section 723.122 and give the
remaining copies of the original manifest to the rejecting
designated facility. If the transporter is forwarding the rejected
part of the shipment or a regulated container residue to an alternate
facility or returning it to the generator, the transporter must obtain
a new manifest to accompany the shipment, and the new manifest
must include all of the information required in 35 Ill. Adm. Code
724.172(b)(5)(A) through (b)(5)(F) or (b)(6)(A) through (b)(6)(F)
724.172(e)(1) through (e)(6) or (f)(1) through (f)(6) or
725.172(b)(5)(A) through (b)(5)(F) or (b)(6)(A) through (b)(6)(F)
725.172(e)(1) through (e)(6) or (f)(1) through (f)(6).
iiB)
For a full load rejection that will be taken back by the transporter:
a copy of the original manifest that includes the rejecting facility’s
signature and date attesting to the rejection, the description of the
rejection in the discrepancy block of the manifest, and the name,
address, phone number, and USEPA identification number for the
alternate facility or generator to whom the shipment must be
delivered. The transporter must retain a copy of the manifest in
accordance with Section 723.122, and give a copy of the manifest
containing this information to the rejecting designated facility. If
the original manifest is not used, then the transporter must obtain a
new manifest for the shipment and comply with 35 Ill. Adm. Code
724.172(b)(5)(A) through (b)(5)(F) or (b)(6)(A) through (b)(6)(F)
724.172(e)(1) through (e)(6) or (f)(1) through (f)(6) or
725.172(b)(5)(A) through (b)(5)(F) or (b)(6)(A) through (b)(6)(F)
725.172(e)(1) through (e)(6) or (f)(1) through (f)(6).
BOARD NOTE: Subsection (b)(1) is derived from 40 CFR 263.21(b) (2004),
effective until Sept. 5, 2006. Subsection (b)(2) is derived from 40 CFR 263.21(b)
(2005), effective Sept. 5, 2006.
(Source: Amended at 32 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
252
SUBPART A: GENERAL PROVISIONS
Section
724.101
Purpose, Scope, and Applicability
724.103
Relationship to Interim Status Standards
724.104
Electronic Reporting
SUBPART B: GENERAL FACILITY STANDARDS
Section
724.110
Applicability
724.111
USEPA Identification Number
724.112
Required Notices
724.113
General Waste Analysis
724.114
Security
724.115
General Inspection Requirements
724.116
Personnel Training
724.117
General Requirements for Ignitable, Reactive, or Incompatible Wastes
724.118
Location Standards
724.119
Construction Quality Assurance Program
SUBPART C: PREPAREDNESS AND PREVENTION
Section
724.130
Applicability
724.131
Design and Operation of Facility
724.132
Required Equipment
724.133
Testing and Maintenance of Equipment
724.134
Access to Communications or Alarm System
724.135
Required Aisle Space
724.137
Arrangements with Local Authorities
SUBPART D: CONTINGENCY PLAN AND EMERGENCY PROCEDURES
Section
724.150
Applicability
724.151
Purpose and Implementation of Contingency Plan
724.152
Content of Contingency Plan
724.153
Copies of Contingency Plan
724.154
Amendment of Contingency Plan
724.155
Emergency Coordinator
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
253
724.175
Annual Facility Activities Report
724.176
Unmanifested Waste Report
724.177
Additional Reports
SUBPART F: RELEASES FROM SOLID WASTE MANAGEMENT UNITS
Section
724.190
Applicability
724.191
Required Programs
724.192
Groundwater Protection Standard
724.193
Hazardous Constituents
724.194
Concentration Limits
724.195
Point of Compliance
724.196
Compliance Period
724.197
General Groundwater Monitoring Requirements
724.198
Detection Monitoring Program
724.199
Compliance Monitoring Program
724.200
Corrective Action Program
724.201
Corrective Action for Solid Waste Management Units
SUBPART G: CLOSURE AND POST-CLOSURE CARE
Section
724.210
Applicability
724.211
Closure Performance Standard
724.212
Closure Plan; Amendment of Plan
724.213
Closure; Time Allowed For Closure
724.214
Disposal or Decontamination of Equipment, Structures, and Soils
724.215
Certification of Closure
724.216
Survey Plat
724.217
Post-Closure Care and Use of Property
724.218
Post-Closure Care Plan; Amendment of Plan
724.219
Post-Closure Notices
724.220
Certification of Completion of Post-Closure Care
SUBPART H: FINANCIAL REQUIREMENTS
Section
724.240
Applicability
724.241
Definitions of Terms as Used in This Subpart
724.242
Cost Estimate for Closure
724.243
Financial Assurance for Closure
724.244
Cost Estimate for Post-Closure Care
724.245
Financial Assurance for Post-Closure Care
724.246
Use of a Mechanism for Financial Assurance of Both Closure and Post-Closure
Care
724.247
Liability Requirements
724.248
Incapacity of Owners or Operators, Guarantors, or Financial Institutions
724.251
Wording of the Instruments
254
SUBPART I: USE AND MANAGEMENT OF CONTAINERS
Section
724.270
Applicability
724.271
Condition of Containers
724.272
Compatibility of Waste with Container
724.273
Management of Containers
724.274
Inspections
724.275
Containment
724.276
Special Requirements for Ignitable or Reactive Waste
724.277
Special Requirements for Incompatible Wastes
724.278
Closure
724.279
Air Emission Standards
SUBPART J: TANK SYSTEMS
Section
724.290
Applicability
724.291
Assessment of Existing Tank System Integrity
724.292
Design and Installation of New Tank Systems or Components
724.293
Containment and Detection of Releases
724.294
General Operating Requirements
724.295
Inspections
724.296
Response to Leaks or Spills and Disposition of Leaking or Unfit-for-Use Tank
Systems
724.297
Closure and Post-Closure Care
724.298
Special Requirements for Ignitable or Reactive Waste
724.299
Special Requirements for Incompatible Wastes
724.300
Air Emission Standards
SUBPART K: SURFACE IMPOUNDMENTS
Section
724.320
Applicability
724.321
Design and Operating Requirements
724.322
Action Leakage Rate
724.323
Response Actions
724.326
Monitoring and Inspection
724.327
Emergency Repairs; Contingency Plans
724.328
Closure and Post-Closure Care
724.329
Special Requirements for Ignitable or Reactive Waste
724.330
Special Requirements for Incompatible Wastes
724.331
Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and
F027
724.332
Air Emission Standards
255
SUBPART L: WASTE PILES
Section
724.350
Applicability
724.351
Design and Operating Requirements
724.352
Action Leakage Rate
724.353
Response Action Plan
724.354
Monitoring and Inspection
724.356
Special Requirements for Ignitable or Reactive Waste
724.357
Special Requirements for Incompatible Wastes
724.358
Closure and Post-Closure Care
724.359
Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and
F027
SUBPART M: LAND TREATMENT
Section
724.370
Applicability
724.371
Treatment Program
724.372
Treatment Demonstration
724.373
Design and Operating Requirements
724.376
Food-Chain Crops
724.378
Unsaturated Zone Monitoring
724.379
Recordkeeping
724.380
Closure and Post-Closure Care
724.381
Special Requirements for Ignitable or Reactive Waste
724.382
Special Requirements for Incompatible Wastes
724.383
Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and
F027
SUBPART N: LANDFILLS
Section
724.400
Applicability
724.401
Design and Operating Requirements
724.402
Action Leakage Rate
724.403
Monitoring and Inspection
724.404
Response Actions
724.409
Surveying and Recordkeeping
724.410
Closure and Post-Closure Care
724.412
Special Requirements for Ignitable or Reactive Waste
724.413
Special Requirements for Incompatible Wastes
724.414
Special Requirements for Bulk and Containerized Liquids
724.415
Special Requirements for Containers
724.416
Disposal of Small Containers of Hazardous Waste in Overpacked Drums (Lab
Packs)
724.417
Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and
F027
256
SUBPART O: INCINERATORS
Section
724.440
Applicability
724.441
Waste Analysis
724.442
Principal Organic Hazardous Constituents (POHCs)
724.443
Performance Standards
724.444
Hazardous Waste Incinerator Permits
724.445
Operating Requirements
724.447
Monitoring and Inspections
724.451
Closure
SUBPART S: SPECIAL PROVISIONS FOR CLEANUP
Section
724.650
Applicability of Corrective Action Management Unit Regulations
724.651
Grandfathered Corrective Action Management Units
724.652
Corrective Action Management Units
724.653
Temporary Units
724.654
Staging Piles
724.655
Disposal of CAMU-Eligible Wastes in Permitted Hazardous Waste Landfills
SUBPART W: DRIP PADS
Section
724.670
Applicability
724.671
Assessment of Existing Drip Pad Integrity
724.672
Design and Installation of New Drip Pads
724.673
Design and Operating Requirements
724.674
Inspections
724.675
Closure
SUBPART X: MISCELLANEOUS UNITS
Section
724.700
Applicability
724.701
Environmental Performance Standards
724.702
Monitoring, Analysis, Inspection, Response, Reporting, and Corrective Action
724.703
Post-Closure Care
SUBPART AA: AIR EMISSION STANDARDS FOR PROCESS VENTS
Section
724.930
Applicability
724.931
Definitions
724.932
Standards: Process Vents
724.933
Standards: Closed-Vent Systems and Control Devices
724.934
Test Methods and Procedures
724.935
Recordkeeping Requirements
724.936
Reporting Requirements
257
SUBPART BB: AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS
Section
724.950
Applicability
724.951
Definitions
724.952
Standards: Pumps in Light Liquid Service
724.953
Standards: Compressors
724.954
Standards: Pressure Relief Devices in Gas/Vapor Service
724.955
Standards: Sampling Connecting Systems
724.956
Standards: Open-ended Valves or Lines
724.957
Standards: Valves in Gas/Vapor or Light Liquid Service
724.958
Standards: Pumps, Valves, Pressure Relief Devices, and Other Connectors
724.959
Standards: Delay of Repair
724.960
Standards: Closed-Vent Systems and Control Devices
724.961
Alternative Percentage Standard for Valves
724.962
Skip Period Alternative for Valves
724.963
Test Methods and Procedures
724.964
Recordkeeping Requirements
724.965
Reporting Requirements
SUBPART CC: AIR EMISSION STANDARDS FOR TANKS, SURFACE
IMPOUNDMENTS, AND CONTAINERS
Section
724.980
Applicability
724.981
Definitions
724.982
Standards: General
724.983
Waste Determination Procedures
724.984
Standards: Tanks
724.985
Standards: Surface Impoundments
724.986
Standards: Containers
724.987
Standards: Closed-Vent Systems and Control Devices
724.988
Inspection and Monitoring Requirements
724.989
Recordkeeping Requirements
724.990
Reporting Requirements
724.991
Alternative Control Requirements for Tanks (Repealed)
SUBPART DD: CONTAINMENT BUILDINGS
Section
724.1100
Applicability
724.1101
Design and Operating Standards
724.1102
Closure and Post-Closure Care
SUBPART EE: HAZARDOUS WASTE MUNITIONS AND EXPLOSIVES
STORAGE
Section
724.1200
Applicability
724.1201
Design and Operating Standards
258
724.1202
Closure and Post-Closure Care
724.Appendix A
Recordkeeping Instructions
724.Appendix B
EPA Report Form and Instructions (Repealed)
724.Appendix D
Cochran’s Approximation to the Behrens-Fisher Student’s T-Test
724.Appendix E
Examples of Potentially Incompatible Waste
724.Appendix I
Groundwater Monitoring List
AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 22.4, and 27].
SOURCE: Adopted in R82-19 at 7 Ill. Reg. 14059, effective October 12, 1983; amended in
R84-9 at 9 Ill. Reg. 11964, effective July 24, 1985; amended in R85-22 at 10 Ill. Reg. 1136,
effective January 2, 1986; amended in R86-1 at 10 Ill. Reg. 14119, effective August 12, 1986;
amended in R86-28 at 11 Ill. Reg. 6138, effective March 24, 1987; amended in R86-28 at 11 Ill.
Reg. 8684, effective April 21, 1987; amended in R86-46 at 11 Ill. Reg. 13577, effective August
4, 1987; amended in R87-5 at 11 Ill. Reg. 19397, effective Nov. 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 Nov. 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 Sept. 25, 1990; amended in R90-11 at 15 Ill. Reg. 9654, effective June 17,
1991; amended in R91-1 at 15 Ill. Reg. 14572, effective October 1, 1991; amended in R91-13 at
16 Ill. Reg. 9833, effective June 9, 1992; amended in R92-1 at 16 Ill. Reg. 17702, effective Nov.
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 Nov. 22, 1993; amended in R93-16 at 18 Ill. Reg. 6973, effective
April 26, 1994; amended in R94-7 at 18 Ill. Reg. 12487, effective July 29, 1994; amended in
R94-17 at 18 Ill. Reg. 17601, effective Nov. 23, 1994; amended in R95-6 at 19 Ill. Reg. 9951,
effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 11244, effective August 1, 1996;
amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 636, effective December 16, 1997; amended in
R98-12 at 22 Ill. Reg. 7638, effective April 15, 1998; amended in R97-21/R98-3/R98-5 at 22 Ill.
Reg. 17972, effective Sept. 28, 1998; amended in R98-21/R99-2/R99-7 at 23 Ill. Reg. 2186,
effective January 19, 1999; amended in R99-15 at 23 Ill. Reg. 9437, effective July 26, 1999;
amended in R00-5 at 24 Ill. Reg. 1146, effective January 6, 2000; amended in R00-13 at 24 Ill.
Reg. 9833, effective June 20, 2000; expedited correction at 25 Ill. Reg. 5115, effective June 20,
2000; amended in R02-1/R02-12/R02-17 at 26 Ill. Reg. 6635, effective April 22, 2002; amended
in R03-7 at 27 Ill. Reg. 3725, effective February 14, 2003; amended in R05-8 at 29 Ill. Reg.
6009, effective April 13, 2005; amended in R05-2 at 29 Ill. Reg. 6365, effective April 22, 2005;
amended in R06-5/R06-6/R06-7 at 30 Ill. Reg. 3196, effective February 23, 2006; amended in
R06-16/R06-17/R06-18 at 31 Ill. Reg. 893, effective December 20, 2006; amended in R07-
5/R07-14 at 32 Ill. Reg. ________, effective ______________________.
SUBPART B: GENERAL FACILITY STANDARDS
Section 724.115
General Inspection Requirements
a)
The owner or operator must conduct inspections often enough to identify
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problems in time to correct them before they harm human health or the
environment. The owner or operator must inspect the facility for malfunctions
and deterioration, operator errors, and discharges that may be causing or may lead
to either of the following:
1)
Release of hazardous waste constituents to the environment; or
2)
A threat to human health.
b)
Inspection schedule.
1)
The owner or operator must develop and follow a written schedule for
inspecting monitoring equipment, safety and emergency equipment,
security devices, and operating and structural equipment (such as dikes
and sump pumps) that are important to preventing, detecting, or
responding to environmental or human health hazards.
2)
The owner or operator must keep this schedule at the facility.
3)
The schedule must identify the types of problems (e.g., malfunctions or
deterioration) that are to be looked for during the inspection (e.g.,
inoperative sump pump, leaking fitting, eroding dike, etc.).
4)
The frequency of inspection may vary for the items on the schedule.
However, the frequency should be based on the rate of deterioration of the
equipment and the probability of an environmental or human health
incident if the deterioration, malfunction, or any operator error goes
undetected between inspections. Areas subject to spills, such as loading
and unloading areas, must be inspected daily when in use, except for the
owner or operator of a Performance Track member facility, which must
inspect at least once each month after approval by the Agency, as
described in subsection (b)(5) of this Section. At a minimum, the
inspection schedule must include the items and frequencies called for in
Sections 724.274, 724.293, 724.295, 724.326, 724.354, 724.378, 724.403,
724.447, 724.702, 724.933, 724.952, 724.953, 724.958, and 724.983
through 724.990, where applicable.
BOARD NOTE: 35 Ill. Adm. Code 703 requires the inspection schedule
to be submitted with Part B of the permit application. The Agency must
evaluate the schedule along with the rest of the application to ensure that it
adequately protects human health and the environment. As part of this
review, the Agency may modify or amend the schedule as may be
necessary.
5)
The owner or operator of a Performance Track member facility that
chooses to reduce its inspection frequency must fulfill the following
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requirements:
A)
It must submit a request for a Class I permit modification with
prior approval to the Agency. The modification request must
identify its facility as a member of the National Environmental
Performance Track Program, and it must identify the management
units for reduced inspections and the proposed frequency of
inspections. The modification request must also specify, in
writing, that the reduced inspection frequency will apply for as
long as its facility is a Performance Track member facility, and
that within seven calendar days of ceasing to be a Performance
Track member, the owner or operator will revert to the non-
Performance Track inspection frequency, as provided in subsection
(b)(4) of this Section. Inspections pursuant to this subsection
(b)(5) must be conducted at least once each month.
B)
Within 60 days, the Agency must notify the owner or operator of
the Performance Track member facility, in writing, if the request
submitted pursuant to subsection (b)(5)(A) of this Section is
approved, denied, or if an extension to the 60-day deadline is
needed. This notice must be placed in the facility’s operating
record. The owner or operator of the Performance Track member
facility should consider the application approved if the Agency
does not either deny the application or notify the owner or operator
of the Performance Track member facility of an extension to the
60-day deadline. In these situations, the owner or operator of the
Performance Track member facility must adhere to the revised
inspection schedule outlined in its request for a Class 1 permit
modification and keep a copy of the application in the facility’s
operating record.
C)
Any owner or operator of a Performance Track member facility
that discontinues its membership or which USEPA terminates from
the program must immediately notify the Agency of its change in
status. The facility owner or operator must place in its operating
record a dated copy of this notification and revert back to the non-
Performance Track inspection frequencies within seven calendar
days.
c)
The owner or operator must remedy any deterioration or malfunction of
equipment or structures that the inspection reveals on a schedule which ensures
that the problem does not lead to an environmental or human health hazard.
Where a hazard is imminent or has already occurred, remedial action must be
taken immediately.
d)
The owner or operator must record inspections in an inspection log or summary.
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The owner or operator must keep these records for at least three years from the
date of inspection. At a minimum, these records must include the date and time
of the inspection, the name of the inspector, a notation of the observations made
and the date, and nature of any repairs or other remedial actions.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 724.116
Personnel Training
a)
The personnel training program.
1)
Facility personnel must successfully complete a program of classroom
instruction or on-the-job training that teaches them to perform their duties
in a way that ensures the facility’s compliance with the requirements of
this Part. The owner or operator must ensure that this program includes
all the elements described in the document required under subsection
(d)(3) of this Section.
BOARD NOTE: 35 Ill. Adm. Code 703 requires that owners and
operators submit with Part B of the RCRA permit application, an outline
of the training program used (or to be used) at the facility and a brief
description of how the training program is designed to meet actual jobs
tasks.
2)
This program must be directed by a person trained in hazardous waste
management procedures, and must include instruction that teaches facility
personnel hazardous waste management procedures (including
contingency plan implementation) relevant to the positions in which they
are employed.
3)
At a minimum, the training program must be designed to ensure that
facility personnel are able to respond effectively to emergencies by
familiarizing them with emergency procedures, emergency equipment,
and emergency systems, including, where applicable:
A)
Procedures for using, inspecting, repairing, and replacing facility
emergency and monitoring equipment;
B)
Key parameters for automatic waste feed cut-off systems;
C)
Communications or alarm systems;
D)
Response to fires or explosions;
E)
Response to groundwater contamination incidents; and
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F)
Shutdown of operations.
4)
For facility employees that have receive emergency response training
pursuant to the federal Occupational Safety and Health Administration
(OSHA) regulations at 29 CFR 1910.120(p)(8) and (q), the facility is not
required to provide separate emergency response training pursuant to this
Section, provided that the overall facility OSHA emergency response
training meets all the requirements of this Section.
b)
Facility personnel must successfully complete the program required in subsection
(a) of this Section within six months after the effective date of these regulations or
six months after the date of their employment or assignment to a facility, or to a
new position at a facility, whichever is later. Employees hired after the effective
date of these regulations must not work in unsupervised positions until they have
completed the training requirements of subsection (a) of this Section.
c)
Facility personnel must take part in an annual review of the initial training
required in subsection (a) of this Section.
d)
The owner or operator must maintain the following documents and records at the
facility:
1)
The job title for each position at the facility related to hazardous waste
management, and the name of the employee filling each job;
2)
A written job description for each position listed under subsection (d)(1)
of this Section. This description may be consistent in its degree of
specificity with descriptions for other similar positions in the same
company location or bargaining unit, but must include the requisite skill,
education or other qualifications, and duties of employees assigned to
each position;
3)
A written description of the type and amount of both introductory and
continuing training that will be given to each person filling a position
listed under subsection (d)(1) of this Section;
4)
Records that document that the training or job experience required under
subsections (a), (b), and (c) of this Section has been given to, and
completed by, facility personnel.
e)
Training records on current personnel must be kept until closure of the facility;
training records on former employees must be kept for at least three years from
the date the employee last worked at the facility. Personnel training records may
accompany personnel transferred within the same company.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
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Section 724.118
Location Standards
a)
Seismic considerations.
1)
Portions of new facilities where treatment, storage or disposal of
hazardous waste will be conducted must not be located within 61 meters
(200 feet) of a fault that has had displacement in Holocene time.
2)
As used in subsection (a)(1) of this Section:
A)
“Fault” means a fracture along which rocks on one side have been
displaced with respect to those on the other side.
B)
“Displacement” means the relative movement of any two sides of a
fault measured in any direction.
C)
“Holocene” means the most recent epoch of the Quarternary
Quaternary period, extending from the end of the Pleistocene to the
present.
BOARD NOTE: Procedures for demonstrating compliance with this standard in
Part B of the permit application are specified in 35 Ill. Adm. Code 703.182.
Facilities that are located in political jurisdictions other than those listed in
appendix VI to 40 CFR 264 (Political Jurisdictions in Which Compliance with §
264.18(a) Must Be Demonstrated), incorporated by reference in 35 Ill. Adm.
Code 720.111(b), are assumed to be in compliance with this requirement.
b)
Floodplains.
1)
A facility located in a 100 year floodplain must be designed, constructed,
operated and maintained to prevent washout of any hazardous waste by a
100-year flood, unless the owner or operator can demonstrate the
following to the Agency’s satisfaction:
A)
That procedures are in effect that will cause the waste to be
removed safely, before flood waters can reach the facility, to a
location where the wastes will not be vulnerable to flood waters; or
B)
For existing surface impoundments, waste piles, land treatment
units, landfills and miscellaneous units, that no adverse effect on
human health or the environment will result if washout occurs,
considering the following:
i)
The volume and physical and chemical characteristics of
the waste in the facility;
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ii)
The concentration of hazardous constituents that would
potentially affect surface waters as a result of washout;
iii)
The impact of such concentrations on the current or
potential uses of and water quality standards established for
the affected surface waters; and
iv)
The impact of hazardous constituents on the sediments of
affected surface waters or the soils of the 100-year
floodplain that could result from washout;
2)
As used in subsection (b)(1) of this Section:
A)
“100-year floodplain” means any land area that is subject to a one
percent or greater chance of flooding in any given year from any
source.
B)
“Washout” means the movement of hazardous waste from the
active portion of the facility as a result of flooding.
C)
“100-year flood” means a flood that has a one percent chance of
being equalled or exceeded in any given year.
BOARD NOTE: Requirements pertaining to other federal laws that affect the
location and permitting of facilities are found in 40 CFR 270.3. For details
relative to these laws, see EPA’s manual for SEA (special environmental area)
requirements for hazardous waste facility permits. Though EPA is responsible for
complying with these requirements, applicants are advised to consider them in
planning the location of a facility to help prevent subsequent project delays.
Facilities may be required to obtain from the Illinois Department of
Transportation on a permit or certification that a facility is flood-proofed.
c)
Salt dome formations, salt bed formations, underground mines and caves. The
placement of any non-containerized or bulk liquid hazardous waste in any salt
dome formation, salt bed formation, underground cave or mine is prohibited.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART D: CONTINGENCY PLAN AND EMERGENCY PROCEDURES
Section 724.152
Content of Contingency Plan
a)
The contingency plan must describe the actions facility personnel must take to
comply with Sections 724.151 and 724.156 in response to fires, explosions, or
any unplanned sudden or non-sudden release of hazardous waste or hazardous
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waste constituents to air, soil, or surface water at the facility.
b)
If the owner or operator has already prepared a Spill Prevention Control and
Countermeasures (SPCC) Plan in accordance with federal 40 CFR 112 or 300, or
some other emergency or contingency plan, the owner or operator need only
amend that plan to incorporate hazardous waste management provisions that are
sufficient to comply with the requirements of this Part. The owner or operator
may develop one contingency plan that meets all regulatory requirements.
USEPA has recommended that the plan be based on the National Response
Team’s Integrated Contingency Plan Guidance (One Plan). When modifications
are made to non-RCRA provisions in an integrated contingency plan, the changes
do not trigger the need for a RCRA permit modification.
BOARD NOTE: The federal One Plan guidance appeared in the Federal Register
at 61 Fed. Reg. 28642 (June 5, 1996), and was corrected at 61 Fed. Reg. 31103
(June 19, 1996). USEPA, Office of Solid Waste and Emergency Response,
Chemical Emergency Preparedness and Prevention Office, has made these
documents available on-line for examination and download at
yosemite.epa.gov/oswer/Ceppoweb.nsf/content/serc-lepc-publications.htm.
c)
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 pursuant to Section 724.137.
d)
The plan must list names, addresses, and phone numbers (office and home) of all
persons qualified to act as emergency coordinator (see Section 724.155), 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. For new facilities, this
information must be supplied to the Agency at the time of certification, rather
than at the time of permit application.
e)
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.
f)
The plan must include an evacuation plan for facility personnel where there is a
possibility that evacuation could be necessary. This plan must describe signals to
be used to begin evacuation, evacuation routes and alternative evacuation routes
(in cases where the primary routes could be blocked by releases of hazardous
waste or fires).
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
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Section 724.156
Emergency Procedures
a)
Whenever there is an imminent or actual emergency situation, the emergency
coordinator (or the designee when the emergency coordinator is on call) must
immediately do the following:
1)
He or she must activate internal facility alarms or communication systems,
where applicable, to notify all facility personnel; and
2)
He or she must notify appropriate State or local agencies with designated
response roles if their help is needed.
b)
Whenever there is a release, fire, or explosion, the emergency coordinator must
immediately identify the character, exact source, amount, and areal extent of any
released materials. The emergency coordinator may do this by observation or
review of facility records or manifests and, if necessary, by chemical analysis.
c)
Concurrently, the emergency coordinator must 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 effects of any toxic, irritating, or asphyxiating gases that
are generated, or the effects of any hazardous surface water run-off from water or
chemical agents used to control fire and heat-induced explosions).
d)
If the emergency coordinator determines that the facility has had a release, fire, or
explosion that could threaten human health or the environment outside the
facility, the emergency coordinator must report the findings as follows:
1)
If the assessment indicates that evacuation of local areas may be
advisable, the emergency coordinator must immediately notify appropriate
local authorities. The emergency coordinator must be available to help
appropriate officials decide whether local areas should be evacuated; and
2)
The emergency coordinator must immediately notify either the
government official designated as the on-scene coordinator for that
geographical area (in the applicable regional contingency plan pursuant to
federal 40 CFR 300) or the National Response Center (using their 24-hour
toll free number 800-424-8802). The report must include the following:
A)
The name and telephone number of the reporter;
B)
The name and address of the facility;
C)
The time and type of incident (e.g., release, fire);
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D)
The name and quantity of materials involved, to the extent known;
E)
The extent of injuries, if any; and
F)
The possible hazards to human health or the environment outside
the facility.
e)
During an emergency, the emergency coordinator must take all reasonable
measures necessary to ensure that fires, explosions, and releases do not occur,
recur, or spread to other hazardous waste at the facility. These measures must
include, where applicable, stopping processes and operations, collecting and
containing release waste, and removing or isolating containers.
f)
If the facility stops operations in response to a fire, explosion, or release, the
emergency coordinator must monitor for leaks, pressure buildup, gas generation,
or ruptures in valves, pipes, or other equipment, wherever this is appropriate.
g)
Immediately after an emergency, the emergency coordinator must provide for
treating, storing, or disposing of recovered waste, contaminated soil or surface
water, or any other material that results from a release, fire, or explosion at the
facility.
BOARD NOTE: Unless the owner or operator can demonstrate, in accordance
with 35 Ill. Adm. Code 721.103(d) or (e), that the recovered material is not a
hazardous waste, the owner or operator becomes a generator of hazardous waste
and must manage it in accordance with all applicable requirements of 35 Ill. Adm.
Code 722, 723, and 724.
h)
The emergency coordinator must ensure that the following is true in the affected
areas of the facility:
1)
No waste that may be incompatible with the released material is treated,
stored, or disposed of until cleanup procedures are completed; and
2)
All emergency equipment listed in the contingency plan is cleaned and fit
for its intended use before operations are resumed.
i)
The owner or operator must notify the Agency and appropriate state and local
authorities that the facility is in compliance with subsection (h) of this Section
before operations are resumed in the affected areas of the facility.
ji)
The owner or operator must 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, the owner or operator must submit a written report on the
incident to the Agency. The report must include the following:
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1)
The name, address, and telephone number of the owner or operator;
2)
The name, address, and telephone number of the facility;
3)
The date, time, and type of incident (e.g., fire, explosion);
4)
The name and quantity of materials involved;
5)
The extent of injuries, if any;
6)
An assessment of actual or potential hazards to human health or the
environment, where this is applicable; and
7)
The estimated quantity and disposition of recovered material that resulted
from the incident.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART E: MANIFEST SYSTEM, RECORDKEEPING AND
REPORTING
Section 724.171
Use of Manifest System
a)
Receipt of manifested hazardous waste.
1)
The following requirements apply until Sept. 5, 2006: If a facility
receives hazardous waste accompanied by a manifest, the owner or
operator, or the owner or operator’s agent, must do the following:
A)
It must sign and date each copy of the manifest to certify that the
hazardous waste covered by the manifest was received;
B)
It must note any significant discrepancies in the manifest (as
defined in Section 724.172(a)) on each copy of the manifest;
BOARD NOTE: The Board does not intend that the owner or
operator of a facility whose procedures under Section 724.113(c)
include waste analysis must perform that analysis before signing
the manifest and giving it to the transporter. Section 724.172(b),
however, requires reporting an unreconciled discrepancy
discovered during later analysis.
C)
It must immediately give the transporter at least one copy of the
signed manifest;
D)
It must send a copy of the manifest to the generator and to the
269
Agency within 30 days after delivery; and
E)
It must retain at the facility a copy of each manifest for at least
three years after the date of delivery.
2)
The following requirements apply effective Sept. 5, 2006:
A1)
If a facility receives hazardous waste accompanied by a manifest, the
owner, operator, or its agent must sign and date the manifest, as indicated
in subsection (a)(2)(B) of this Section to certify that the hazardous waste
covered by the manifest was received, that the hazardous waste was
received except as noted in the discrepancy space of the manifest, or that
the hazardous waste was rejected as noted in the manifest discrepancy
space.
B2)
If a facility receives a hazardous waste shipment accompanied by a
manifest, the owner, operator, or its agent must do the following:
iA)
It must sign and date, by hand, each copy of the manifest;
iiB)
It must note any discrepancies (as defined in Section 724.172(b))
on each copy of the manifest;
iiiC) It must immediately give the transporter at least one copy of the
manifest;
ivD) It must send a copy of the manifest to the generator within 30 days
after delivery; and
vE)
It must retain at the facility a copy of each manifest for at least
three years after the date of delivery.
C3)
If a facility receives hazardous waste imported from a foreign source, the
receiving facility must mail a copy of the manifest to the following
address within 30 days after delivery: International Compliance
Assurance Division, OFA/OECA (2254A), U.S. Environmental Protection
Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW,
Washington, DC 20460.
BOARD NOTE: Subsection (a)(1) of this Section corresponds with 40 CFR
264.71(a) (2004), effective until Sept. 5, 2006. Subsection (a)(2) of this Section
corresponds with 40 CFR 264.71(a) (2005), effective Sept. 5, 2006.
b)
If a facility receives, from a rail or water (bulk shipment) transporter, hazardous
waste that is accompanied by a shipping paper containing all the information
required on the manifest (excluding the USEPA identification numbers,
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generator’s certification, and signatures), the owner or operator, or the owner or
operator’s agent, must do the following:
1)
It must sign and date each copy of the manifest or shipping paper (if the
manifest has not been received) to certify that the hazardous waste
covered by the manifest or shipping paper was received;
2)
It must note any significant discrepancies (as defined in Section
724.172(a)) in the manifest or shipping paper (if the manifest has not been
received) on each copy of the manifest or shipping paper;
BOARD NOTE: The Board does not intend that the owner or operator of
a facility whose procedures under Section 724.113(c) include waste
analysis must perform that analysis before signing the shipping paper and
giving it to the transporter. Section 724.172(b), however, requires
reporting an unreconciled discrepancy discovered during later analysis.
3)
It must immediately give the rail or water (bulk shipment) transporter at
least one copy of the manifest or shipping paper (if the manifest has not
been received);
4)
It must forward copies of the manifest as follows:
A)
Until Sept. 5, 2006: The owner or operator must send a copy of
the signed and dated manifest to the generator and to the Agency
within 30 days after the delivery; however, if the manifest has not
been received within 30 days after delivery, the owner or operator,
or the owner or operator’s agent, must send a copy of the shipping
paper signed and dated to the generator; or
B4)
Effective Sept. 5, 2006: The owner or operator must send a copy of the
signed and dated manifest or a signed and dated copy of the shipping
paper (if the manifest has not been received within 30 days after delivery)
to the generator within 30 days after the delivery; and
BOARD NOTE: Section 722.123(c) requires the generator to send three
copies of the manifest to the facility when hazardous waste is sent by rail
or water (bulk shipment). Subsection (b)(4)(A) is derived from 40 CFR
264.74(b)(4) (2004), effective until Sept. 5, 2006. Subsection (b)(4)(B) is
derived from 40 CFR 264.74(b)(4) (2005), effective Sept. 5, 2006.
5)
Retain at the facility a copy of the manifest and shipping paper (if signed
in lieu of the manifest at the time of delivery) for at least three years from
the date of delivery.
c)
Whenever a shipment of hazardous waste is initiated from a facility, the owner or
271
operator of that facility must comply with the requirements of 35 Ill. Adm. Code
722.
BOARD NOTE: The provisions of 35 Ill. Adm. Code 722.134 are
applicable to the on-site accumulation of hazardous wastes by generators.
Therefore, the provisions of Section 722.134 only apply to owners or
operators that are shipping hazardous waste that they generated at that
facility.
d)
Within three working days after the receipt of a shipment subject to Subpart H of
35 Ill. Adm. Code 722, the owner or operator of the facility must provide a copy
of the tracking document bearing all required signatures to the notifier; to the
Office of Enforcement and Compliance Assurance, Office of Compliance,
Enforcement Planning, Targeting and Data Division (2222A), Environmental
Protection Agency, 401 M St., SW, Washington, DC 20460; to the Bureau of
Land, Division of Land Pollution Control, Illinois Environmental Protection
Agency, P.O. Box 19276, Springfield, IL 62794-9276; and to competent
authorities of all other concerned countries. The original copy of the tracking
document must be maintained at the facility for at least three years from the date
of signature.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 724.172
Manifest Discrepancies
a)
The following requirements apply until Sept. 5, 2005:
1)
Definition of a “manifest discrepancy.”
A)
A manifest discrepancy is a difference between the quantity or
type of hazardous waste designated on the manifest or shipping
paper, and the quantity or type of hazardous waste a facility
actually receives;
B)
A significant discrepancy in quantity is as follows:
i)
For bulk waste, variations greater than 10 percent in
weight; and
ii)
For batch waste, any variation in piece count, such as a
discrepancy of one drum in a truckload;
C)
Significant discrepancies in type are obvious differences that can
be discovered by inspection or waste analysis, such as waste
solvent substituted for waste acid, or toxic constituents not
reported on the manifest or shipping paper.
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2)
Upon discovering a significant discrepancy, the owner or operator must
attempt to reconcile the discrepancy with the waste generator or
transporter (e.g., with telephone conversations). If the discrepancy is not
resolved within 15 days after receiving the waste, the owner or operator
must immediately submit to the Agency a letter describing the
discrepancy and attempts to reconcile it, and a copy of the manifest or
shipping paper at issue.
b)
The following requirements apply effective Sept. 5, 2005:
1a)
“Manifest discrepancies” are defined as any one of the following:
A1)
Significant differences (as defined by subsection (b)(2) of this Section)
between the quantity or type of hazardous waste designated on the
manifest or shipping paper, and the quantity and type of hazardous waste a
facility actually receives;
B2)
Rejected wastes, which may be a full or partial shipment of hazardous
waste that the treatment, storage, or disposal facility cannot accept; or
C3)
Container residues, which are residues that exceed the quantity limits for
empty containers set forth in 35 Ill. Adm. Code 721.107(b).
2b)
“Significant differences in quantity” are defined as the appropriate of the
following: for bulk waste, variations greater than 10 percent in weight; or, for
batch waste, any variation in piece count, such as a discrepancy of one drum in a
truckload. “Significant differences in type” are defined as obvious differences
that can be discovered by inspection or waste analysis, such as waste solvent
substituted for waste acid, or as toxic constituents not reported on the manifest or
shipping paper.
3c)
Upon discovering a significant difference in quantity or type, the owner or
operator must attempt to reconcile the discrepancy with the waste generator or
transporter (
e.g.,
with telephone conversations). If the discrepancy is not resolved
within 15 days after receiving the waste, the owner or operator must immediately
submit to the Agency a letter describing the discrepancy and attempts to reconcile
it, and a copy of the manifest or shipping paper at issue.
4d)
Rejection of hazardous waste.
A1)
Upon rejecting waste or identifying a container residue that exceeds the
quantity limits for empty containers set forth in 35 Ill. Adm. Code
721.107(b), the facility must consult with the generator prior to
forwarding the waste to another facility that can manage the waste. If it is
impossible to locate an alternative facility that can receive the waste, the
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facility may return the rejected waste or residue to the generator. The
facility must send the waste to the alternative facility or to the generator
within 60 days after the rejection or the container residue identification.
B2)
While the facility is making arrangements for forwarding rejected wastes
or residues to another facility under this Section, it must ensure that either
the delivering transporter retains custody of the waste, or the facility must
provide for secure, temporary custody of the waste, pending delivery of
the waste to the first transporter designated on the manifest prepared under
subsection (b)(5) (e) or (b)(6) (f) of this Section.
5e)
Except as provided in subsection (b)(5)(G) (e)(7) of this Section, for full or partial
load rejections and residues that are to be sent off-site to an alternate facility, the
facility is required to prepare a new manifest in accordance with 35 Ill. Adm.
Code 722.120(a) and the following instructions set forth in subsections (e)(1)
through (e)(6) of this Section:
A1)
Write the generator’s USEPA identification number in Item 1 of the new
manifest. Write the generator’s name and mailing address in Item 5 of the
new manifest. If the mailing address is different from the generator’s site
address, then write the generator’s site address in the designated space in
Item 5.
B2)
Write the name of the alternate designated facility and the facility’s
USEPA identification number in the designated facility block (Item 8) of
the new manifest.
C3)
Copy the manifest tracking number found in Item 4 of the old manifest to
the Special Handling and Additional Information Block of the new
manifest, and indicate that the shipment is a residue or rejected waste from
the previous shipment.
D4)
Copy the manifest tracking number found in Item 4 of the new manifest to
the manifest reference number line in the Discrepancy Block of the old
manifest (Item 18a).
E5)
Write the USDOT description for the rejected load or the residue in Item 9
(USDOT Description) of the new manifest and write the container types,
quantity, and volumes of waste.
F6)
Sign the Generator’s/Offeror’s Certification to certify, as the offeror of the
shipment, that the waste has been properly packaged, marked and labeled
and is in proper condition for transportation.
G7)
For full load rejections that are made while the transporter remains present
at the facility, the facility may forward the rejected shipment to the
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alternate facility by completing Item 18b of the original manifest and
supplying the information on the next destination facility in the Alternate
Facility space. The facility must retain a copy of this manifest for its
records, and then give the remaining copies of the manifest to the
transporter to accompany the shipment. If the original manifest is not
used, then the facility must use a new manifest and comply with
subsections (b)(5)(A) (e)(1) through (b)(5)(F) (e)(6) of this Section.
6f)
Except as provided in subsection (b)(6)(G) (f)(7) of this Section, for rejected
wastes and residues that must be sent back to the generator, the facility is required
to prepare a new manifest in accordance with 35 Ill. Adm. Code 722.120(a) and
the following instructions set forth in subsections (f)(1) through (f)(6) of this
Section:
A1)
Write the facility’s USEPA identification number in Item 1 of the new
manifest. Write the generator’s name and mailing address in Item 5 of the
new manifest. If the mailing address is different from the generator’s site
address, then write the generator’s site address in the designated space for
Item 5.
B2)
Write the name of the initial generator and the generator’s USEPA
identification number in the designated facility block (Item 8) of the new
manifest.
C3)
Copy the manifest tracking number found in Item 4 of the old manifest to
the Special Handling and Additional Information Block of the new
manifest, and indicate that the shipment is a residue or rejected waste from
the previous shipment.
D4)
Copy the manifest tracking number found in Item 4 of the new manifest to
the manifest reference number line in the Discrepancy Block of the old
manifest (Item 18a).
E5)
Write the USDOT description for the rejected load or the residue in Item 9
(USDOT Description) of the new manifest and write the container types,
quantity, and volumes of waste.
F6)
Sign the Generator’s/Offeror’s Certification to certify, as offeror of the
shipment, that the waste has been properly packaged, marked and labeled
and is in proper condition for transportation.
G7)
For full load rejections that are made while the transporter remains at the
facility, the facility may return the shipment to the generator with the
original manifest by completing Item 18b of the manifest and supplying
the generator’s information in the Alternate Facility space. The facility
must retain a copy for its records and then give the remaining copies of the
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manifest to the transporter to accompany the shipment. If the original
manifest is not used, then the facility must use a new manifest and comply
with subsections (b)(6)(A) (f)(1) through (b)(6)(F) (f)(6) of this Section.
7g)
If a facility rejects a waste or identifies a container residue that exceeds the
quantity limits for empty containers set forth in 35 Ill. Adm. Code 721.107(b)
after it has signed, dated, and returned a copy of the manifest to the delivering
transporter or to the generator, the facility must amend its copy of the manifest to
indicate the rejected wastes or residues in the discrepancy space of the amended
manifest. The facility must also copy the manifest tracking number from Item 4
of the new manifest to the Discrepancy space of the amended manifest, and must
re-sign and date the manifest to certify to the information as amended. The
facility must retain the amended manifest for at least three years from the date of
amendment, and must within 30 days, send a copy of the amended manifest to the
transporter and generator that received copies prior to their being amended.
BOARD NOTE: Subsection (a) is derived from 40 CFR 264.72 (2004), effective until Sept. 5,
2006. Subsection (b) is derived from 40 CFR 264.72 (2005), effective Sept. 5, 2006.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 724.173
Operating Record
a)
The owner or operator must keep a written operating record at the facility.
b)
The following information must be recorded as it becomes available and
maintained in the operating record until closure of the facility for three years
unless otherwise provided as follows:
1)
A description and the quantity of each hazardous waste received and the
method or
methods and date or dates of its treatment, storage, or disposal
at the facility, as required by Appendix A of this Part. This information
must be maintained in the operating record until closure of the facility;
2)
The location of each hazardous waste within the facility and the quantity
at each location. For disposal facilities, the location and quantity of each
hazardous waste must be recorded on a map or diagram of that shows each
cell or disposal area. For all facilities, this information must include
cross-references to specific
manifest document numbers, if the waste was
accompanied by a manifest. This information must be maintained in the
operating record until closure of the facility;
BOARD NOTE: See Section 724.219 for related requirements.
3)
Records and results of waste analyses and waste determinations performed
as specified in Sections 724.113, 724.117, 724.414, 724.441, 724.934,
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724.963, and 724.983 and in 35 Ill. Adm. Code 728.104(a) and 728.107;
4)
Summary reports and details of all incidents that require implementing the
contingency plan, as specified in Section 724.156(j);
5)
Records and results of inspections, as required by Section 724.115(d)
(except these data need to be kept only three years);
6)
Monitoring, testing, or analytical data and corrective action data where
required by Subpart F of this Part or Sections 724.119, 724.291, 724.293,
724.295, 724.322, 724.323, 724.326, 724.352 through 724.354, 724.376,
724.378, 724.380, 724.402 through 724.404, 724.409, 724.447, 724.702,
724.934(c) through (f), 724.935, 724.963(d) through (i), 724.964, and
724.982 through 724.990. Maintain in the operating record for three
years, except for records and results pertaining to ground-water
monitoring and cleanup, which must be maintained in the operating record
until closure of the facility;
7)
For off-site facilities, notices to generators as specified in Section
724.112(b);
8)
All closure cost estimates under Section 724.242 and, for disposal
facilities, all post-closure care cost estimates under Section 724.244. This
information must be maintained in the operating record until closure of the
facility;
9)
A certification by the permittee, no less often than annually: that the
permittee has a program in place to reduce the volume and toxicity of
hazardous waste that the permittee generates, to the degree the permittee
determines to be economically practicable, and that the proposed method
of treatment, storage, or disposal is that practicable method currently
available to the permittee that minimizes the present and future threat to
human health and the environment;
10)
Records of the quantities (and
date of placement) for each shipment of
hazardous waste placed in land disposal units under an extension of the
effective date of any land disposal restriction granted pursuant to 35 Ill.
Adm. Code 728.105, a petition pursuant to 35 Ill. Adm. Code 728.106 or a
certification under 35 Ill. Adm. Code 728.108, and the applicable notice
required of a generator under 35 Ill. Adm. Code 728.107(a). This
information must be maintained in the operating record until closure of the
facility;
11)
For an off-site treatment facility, a copy of the notice, and the certification
and demonstration, if applicable, required of the generator or the owner or
operator under 35 Ill. Adm. Code 728.107 or 728.108;
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12)
For an on-site treatment facility, the information contained in the notice
(except the manifest number), and the certification and demonstration, if
applicable, required of the generator or the owner or operator under 35 Ill.
Adm. Code 728.107 or 728.108;
13)
For an off-site land disposal facility, a copy of the notice, and the
certification and demonstration, if applicable, required of the generator or
the owner or operator of a treatment facility under 35 Ill. Adm. Code
728.107 or 728.108, whichever is applicable;
14)
For an on-site land disposal facility, the information contained in the
notice required of the generator or owner or operator of a treatment
facility under 35 Ill. Adm. Code 728.107, except for the manifest number,
and the certification and demonstration, required under 35 Ill. Adm. Code
728.108, whichever is applicable;
15)
For an off-site storage facility, a copy of the notice, and the certification
and demonstration if applicable, required of the generator or the owner or
operator under 35 Ill. Adm. Code 728.107 or 728.108;
16)
For an on-site storage facility, the information contained in the notice
(except the manifest number), and the certification and demonstration if
applicable, required of the generator or the owner or operator under 35 Ill.
Adm. Code 728.107 or 728.108; and
17)
Any records required under Section 724.101(j)(13).;
18)
Monitoring, testing, or analytical data where required by Section 724.447
must be maintained in the operating record for five years; and
19)
Certifications, as required by Section 724.296(f), must be maintained in
the operating record until closure of the facility.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 724.175
Annual Facility Activities
Report
The owner or operator must prepare and submit a single copy of an annual facility activities
report to the Agency by March 1 of each year. The report form supplied by the Agency must be
used for this report. The annual facility activities
report must cover facility activities during the
previous calendar year and must include the following information:
a)
The USEPA identification number, name, and address of the facility;
b)
The calendar year covered by the report;
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c)
For off-site facilities, the USEPA identification number of each hazardous waste
generator from which the facility received a hazardous waste during the year; for
imported shipments, the report must give the name and address of the foreign
generator;
d)
A description and the quantity of each hazardous waste the facility received
during the year. For off-site facilities, this information must be listed by USEPA
identification number of each generator;
e)
The method of treatment, storage, or disposal for each hazardous waste;
f)
This subsection (f) corresponds with 40 CFR 264.75(f), which USEPA has
designated as “reserved.” This statement maintains structural consistency with
the USEPA rules;
g)
The most recent closure cost estimate under Section 724.242, and, for disposal
facilities, the most recent post-closure cost estimate under Section 724.244;
h)
For generators that treat, store or dispose of hazardous waste on-site, a description
of the efforts undertaken during the year to reduce the volume and toxicity of the
waste generated;
i)
For generators that treat, store or dispose of hazardous waste on-site, a description
of the changes in volume and toxicity of waste actually achieved during the year
in comparison to previous years, to the extent such information is available for
years prior to 1984; and
j)
The certification signed by the owner or operator of the facility or the owner or
operator’s authorized representative.
BOARD NOTE: Corresponding 40 CFR 264.75 requires biennial reporting. The Board has
required annual reporting, since Section 20.1 of the Act [415 ILCS 5/20.1 (2006)] requires the
Agency to assemble annual reports, and only annual facility activity reports will enable the
Agency to fulfill this mandate.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 724.176
Unmanifested Waste Report
a)
The following requirements apply until Sept. 5, 2005: If a facility accepts for
treatment, storage, or disposal any hazardous waste from an off-site source
without an accompanying manifest, or without an accompanying shipping paper
as described in 35 Ill. Adm. Code 723.120(e)(2), and if the waste is not excluded
from the manifest requirement by 35 Ill. Adm. Code 721.105, then the owner or
operator must prepare and submit a single copy of a report to the Agency within
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15 days after receiving the waste. The unmanifested waste report must be
submitted on EPA form 8700-13B. Such report must be designated
“Unmanifested Waste Report” and include the following information:
1)
The USEPA identification number, name, and address of the facility;
2)
The date the facility received the waste;
3)
The USEPA identification number, name, and address of the generator
and the transporter, if available;
4)
A description and the quantity of each unmanifested hazardous waste and
facility received;
5)
The method of treatment, storage, or disposal for each hazardous waste;
6)
The certification signed by the owner or operator of the facility or the
owner or operator’s authorized representative; and
7)
A brief explanation of why the waste was unmanifested, if known.
ba)
The following requirements apply effective Sept. 5, 2005: If a facility accepts for
treatment, storage, or disposal any hazardous waste from an off-site source
without an accompanying manifest, or without an accompanying shipping paper,
as described by 35 Ill. Adm. Code 723.120(e), and if the waste is not excluded
from the manifest requirement by 35 Ill. Adm. Code 260 through 265, then the
owner or operator must prepare and submit a letter to the Agency within 15 days
after receiving the waste. The unmanifested waste report must contain the
following information:
1)
The USEPA identification number, name, and address of the facility;
2)
The date the facility received the waste;
3)
The USEPA identification number, name, and address of the generator
and the transporter, if available;
4)
A description and the quantity of each unmanifested hazardous waste the
facility received;
5)
The method of treatment, storage, or disposal for each hazardous waste;
6)
The certification signed by the owner or operator of the facility or its
authorized representative; and
7)
A brief explanation of why the waste was unmanifested, if known.
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b)
This subsection (b) corresponds with 40 CFR 264.76(b), which USEPA has
marked “reserved.” This statement maintains structural consistency with the
corresponding federal regulations.
BOARD NOTE: Small quantities of hazardous waste are excluded from regulation under this
Part and do not require a manifest. Where a facility receives unmanifested hazardous wastes,
USEPA has suggested that the owner or operator obtain from each generator a certification that
the waste qualifies for exclusion. Otherwise, the Board USEPA has suggested that the owner or
operator file an unmanifested waste report for the hazardous waste movement. Subsection (a) is
derived from 40 CFR 264.76 (2004), effective until Sept. 5, 2006. Subsection (b) is derived
from 40 CFR 264.76 (2005), effective Sept. 5, 2006.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART F: RELEASES FROM SOLID WASTE MANAGEMENT UNITS
Section 724.197
General Groundwater Monitoring Requirements
The owner or operator must comply with the following requirements for any groundwater
monitoring program developed to satisfy Section 724.198, 724.199, or 724.200.
a)
The groundwater monitoring system must consist of a sufficient number of wells,
installed at appropriate locations and depths to yield groundwater samples from
the uppermost aquifer that fulfill the following requirements:
1)
They represent the quality of background water groundwater that has not
been affected by leakage from a regulated unit. A determination of
background groundwater quality may include sampling of wells that are
not hydraulically upgradient from the waste management area where the
following is true:
A)
Hydrogeologic conditions do not allow the owner or operator to
determine what wells are upgradient; or
B)
Sampling at other wells will provide an indication of background
groundwater quality that is as representative or more representative
than that provided by the upgradient wells;
2)
They represent the quality of groundwater passing the point of
compliance; and
3)
They allow for the detection of contamination when hazardous waste or
hazardous constituents have migrated from the hazardous waste
management area to the uppermost aquifer.
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b)
If a facility contains more than one regulated unit, separate groundwater
monitoring systems are not required for each regulated unit provided that
provisions for sampling the groundwater in the uppermost aquifer will enable
detection and measurement at the compliance point of hazardous constituents
from the regulated units that have entered the groundwater in the uppermost
aquifer.
c)
All monitoring wells must be cased in a manner that maintains the integrity of the
monitoring well bore hole. This casing must be screened or perforated and
packed with gravel or sand, where necessary, to enable collection of groundwater
samples. The annular space (i.e., the space between the bore hole and well
casing) above the sampling depth must be sealed to prevent contamination of
samples and the groundwater.
d)
The groundwater monitoring program must include consistent sampling and
analysis procedures that are designed to ensure monitoring results that provide a
reliable indication of groundwater quality below the waste management area. At
a minimum the program must include procedures and techniques for the
following:
1)
Sample collection;
2)
Sample preservation and shipment;
3)
Analytical procedures; and
4)
Chain of custody control.
e)
The groundwater monitoring program must include sampling and analytical
methods that are appropriate for groundwater sampling and that accurately
measure hazardous constituents in groundwater samples.
f)
The groundwater monitoring program must include a determination of the
groundwater surface elevation each time groundwater is sampled.
g)
In detection monitoring or where appropriate in compliance monitoring, data on
each hazardous constituent specified in the permit will be collected from
background wells and wells at the compliance points. The number and kinds of
samples collected to establish background must be appropriate for the form of
statistical test employed, following generally accepted statistical principles. The
sample size must be as large as necessary to ensure with reasonable confidence
that a contaminant release to groundwater from a facility will be detected. The
owner or operator will determine an appropriate sampling procedure and interval
for each hazardous constituent listed in the facility permit that must be specified
in the unit permit upon approval by the Agency. This sampling procedure must
fulfill the following requirements:
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1)
It may be a sequence of at least four samples, taken at an interval that
assures, to the greatest extent technically feasible, that an independent
sample is obtained, by reference to the uppermost aquifer’s effective
porosity, hydraulic conductivity and hydraulic gradient, and the fate and
transport characteristics of the potential contaminants; or
2)
It may be an alternate sampling procedure proposed by the owner or
operator and approved by the Agency.
h)
The owner or operator must specify one of the following statistical methods to be
used in evaluating groundwater monitoring data for each hazardous constituent
that, upon approval by the Agency, will be specified in the unit permit. The
statistical test chosen must be conducted separately for each hazardous constituent
in each well. Where practical quantification limits (pqls) are used in any of the
following statistical procedures to comply with subsection (i)(5) of this Section,
the pql must be proposed by the owner or operator and approved by the Agency.
Use of any of the following statistical methods must adequately protect human
health and the environment and must comply with the performance standards
outlined in subsection (i) of this Section.
1)
A parametric analysis of variance (ANOVA) followed by multiple
comparisons procedures to identify statistically significant evidence of
contamination. The method must include estimation and testing of the
contrasts between each compliance well’s mean and the background mean
levels for each constituent.
2)
An analysis of variance (ANOVA) based on ranks followed by multiple
comparisons procedures to identify statistically significant evidence of
contamination. The method must include estimation and testing of the
contrasts between each compliance well’s median and the background
median levels for each constituent.
3)
A tolerance or prediction interval procedure in which an interval for each
constituent is established from the distribution of the background data, and
the level of each constituent in each compliance well is compared to the
upper tolerance or prediction limit.
4)
A control chart approach that gives control limits for each constituent.
5)
Another statistical test method submitted by the owner or operator and
approved by the Agency.
i)
Any statistical method chosen pursuant to subsection (h) of this Section for
specification in the unit permit must comply with the following performance
standards, as appropriate:
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1)
The statistical method used to evaluate groundwater monitoring data must
be appropriate for the distribution of chemical parameters or hazardous
constituents. If the distribution of the chemical parameters or hazardous
constituents is shown by the owner or operator to be inappropriate for a
normal theory test, then the data should be transformed or a distribution-
free theory test should be used. If the distributions for the constituents
differ, more than one statistical method may be needed.
2)
If an individual well comparison procedure is used to compare an
individual compliance well constituent concentration with background
constituent concentrations or a groundwater protection standard, the test
must be done at a Type I error level no less than 0.01 for each testing
period. If a multiple comparisons procedure is used, the Type I
experimentwise error rate for each testing period must be no less than
0.05; however, the Type I error of no less than 0.01 for individual well
comparisons must be maintained. This performance standard does not
apply to tolerance intervals, prediction intervals or control charts.
3)
If a control chart approach is used to evaluate groundwater monitoring
data, the specific type of control chart and its associated parameter value
must be proposed by the owner or operator and approved by the Agency if
the Agency finds it to adequately protect human health and the
environment.
4)
If a tolerance interval or a prediction interval is used to evaluate
groundwater monitoring data, the levels of confidence and, for tolerance
intervals, the percentage of the population that the interval must contain,
must be proposed by the owner or operator and approved by the Agency if
the Agency finds these parameters to adequately protect human health and
the environment. These parameters will be determined after considering
the number of samples in the background database, the data distribution,
and the range of the concentration values for each constituent of concern.
5)
The statistical method must account for data below the limit of detection
with one or more statistical procedures that adequately protect human
health and the environment. Any practical quantification limit (pql)
approved by the Agency pursuant to subsection (h) of this Section that is
used in the statistical method must be the lowest concentration level that
can be reliably achieved within specified limits of precision and accuracy
during routine laboratory operating conditions that are available to the
facility.
6)
If necessary, the statistical method must include procedures to control or
correct for seasonal and spatial variability, as well as temporal correlation
in the data.
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j)
Groundwater monitoring data collected in accordance with subsection (g) of this
Section, including actual levels of constituents, must be maintained in the facility
operating record. The Agency must specify in the permit when the data must be
submitted for review.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 724.198
Detection Monitoring Program
An owner or operator required to establish a detection monitoring program under this Subpart F
must, at a minimum, discharge the following responsibilities:
a)
The owner or operator must monitor for indicator parameters (e.g., specific
conductance, total organic carbon, or total organic halogen), waste constituents or
reaction products that provide a reliable indication of the presence of hazardous
constituents in groundwater. The Agency must specify the parameters or
constituents to be monitored in the facility permit, after considering the following
factors:
1)
The types, quantities, and concentrations of constituents in wastes
managed at the regulated unit;
2)
The mobility, stability, and persistence of waste constituents or their
reaction products in the unsaturated zone beneath the waste management
area;
3)
The detectability of indicator parameters, waste constituents, and reaction
products in groundwater; and
4)
The concentrations or values and coefficients of variation of proposed
monitoring parameters or constituents in the groundwater background.
b)
The owner or operator must install a groundwater monitoring system at the
compliance point as specified under Section 724.195. The groundwater
monitoring system must comply with Sections 724.197(a)(2), 724.197(b), and
724.197(c).
c)
The owner or operator must conduct a groundwater monitoring program for each
chemical parameter and hazardous constituent specified in the permit pursuant to
subsection (a) of this Section in accordance with Section 724.197(g). The owner
or operator must maintain a record of groundwater analytical data, as measured
and in a form necessary for the determination of statistical significance under
Section 724.197(h).
d)
The Agency must specify the frequencies for collecting samples and conducting
285
statistical tests to determine whether there is statistically significant evidence of
contamination for any parameter or hazardous constituent specified in the permit
conditions under subsection (a) of this Section in accordance with Section
724.197(g). A sequence of at least four samples from each well (background and
compliance wells) must be collected at least semi-annually during detection
monitoring.
e)
The owner or operator must determine the groundwater flow rate and direction in
the uppermost aquifer at least annually.
f)
The owner or operator must determine whether there is statistically significant
evidence of contamination for any chemical parameter or hazardous constituent
specified in the permit pursuant to subsection (a) of this Section at a frequency
specified under subsection (d) of this Section.
1)
In determining whether statistically significant evidence of contamination
exists, the owner or operator must use the methods specified in the permit
under Section 724.197(h). These methods must compare data collected at
the compliance points to the background groundwater quality data.
2)
The owner or operator must determine whether there is statistically
significant evidence of contamination at each monitoring well at the
compliance point within a reasonable period of time after completion of
sampling. The Agency must specify in the facility permit what period of
time is reasonable, after considering the complexity of the statistical test
and the availability of laboratory facilities to perform the analysis of
groundwater samples.
g)
If the owner or operator determines pursuant to subsection (f) of this Section that
there is statistically significant evidence of contamination for chemical
parameters or hazardous constituents specified pursuant to subsection (a) of this
Section at any monitoring well at the compliance point, the owner or operator
must do the following:
1)
Notify the Agency of this finding in writing within seven days. The
notification must indicate what chemical parameters or hazardous
constituents have shown statistically significant evidence of
contamination.
2)
Immediately sample the groundwater in all monitoring wells and
determine whether constituents in the list of Appendix I of this Part are
present, and if so, in what concentration. However, the Agency must
allow sampling for a site-specific subset of constituents from the
Appendix I list of this Part and for other representative or related waste
constituents if it determines that sampling for that site-specific subset of
contaminants and other constituents is more economical and equally
286
effective for determining whether groundwater contamination has
occurred.
3)
For any compounds in Appendix I of this Part found in the analysis
pursuant to subsection (g)(2) of this Section, the owner or operator may
resample within one month or at an alternative site-specific schedule
approved by the Agency and repeat the analysis for those compounds
detected. If the results of the second analysis confirm the initial results,
then these constituents will form the basis for compliance monitoring. If
the owner or operator does not resample for the compounds found
pursuant to set forth in subsection (g)(2) of this Section, the hazardous
constituents found during this initial Appendix I analysis will form the
basis for compliance monitoring.
4)
Within 90 days, submit to the Agency an application for a permit
modification to establish a compliance monitoring program meeting the
requirements of Section 724.199. The application must include the
following information:
A)
An identification of the concentration of any constituent in
Appendix I of this Part detected in the groundwater at each
monitoring well at the compliance point;
B)
Any proposed changes to the groundwater monitoring system at
the facility necessary to meet the requirements of Section 724.199;
C)
Any proposed additions or changes to the monitoring frequency,
sampling and analysis procedures or methods, or statistical
methods used at the facility necessary to meet the requirements of
Section 724.199;
D)
For each hazardous constituent detected at the compliance point, a
proposed concentration limit under Section 724.194(a)(1) or (a)(2),
or a notice of intent to seek an alternate concentration limit under
Section 724.194(b).
5)
Within 180 days, submit the following to the Agency:
A)
All data necessary to justify an alternate concentration limit sought
under Section 724.194(b); and
B)
An engineering feasibility plan for a corrective action program
necessary to meet the requirement of Section 724.200, unless the
following is true:
i)
All hazardous constituents identified under subsection
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(g)(2) of this Section are listed in Table 1 of Section
724.194 and their concentrations do not exceed the
respective values given in that table; or
ii)
The owner or operator has sought an alternate
concentration limit under Section 724.194(b) for every
hazardous constituent identified under subsection (g)(2) of
this Section.
6)
If the owner or operator determines, pursuant to subsection (f) of this
Section, that there is a statistically significant difference for chemical
parameters or hazardous constituents specified pursuant to subsection (a)
of this Section at any monitoring well at the compliance point, the owner
or operator may demonstrate that a source other than a regulated unit
caused the contamination or that the detection is an artifact caused by an
error in sampling, analysis or statistical evaluation, or natural variation in
the groundwater. The owner or operator may make a demonstration under
this subsection (g) in addition to, or in lieu of, submitting a permit
modification application under subsection (g)(4) of this Section; however,
the owner or operator is not relieved of the requirement to submit a permit
modification application within the time specified in subsection (g)(4) of
this Section unless the demonstration made under this subsection (g)
successfully shows that a source other than a regulated unit caused the
increase, or that the increase resulted from error in sampling, analysis, or
evaluation. In making a demonstration under this subsection (g), the
owner or operator must do the following:
A)
Notify the Agency in writing, within seven days of determining
statistically significant evidence of contamination at the
compliance point, that the owner or operator intends to make a
demonstration under this subsection (g);
B)
Within 90 days, submit a report to the Agency that demonstrates
that a source other than a regulated unit caused the contamination
or that the contamination resulted from error in sampling, analysis,
or evaluation;
C)
Within 90 days, submit to the Agency an application for a permit
modification to make any appropriate changes to the detection
monitoring program facility; and
D)
Continue to monitor in accordance with the detection monitoring
program established under this Section.
h)
If the owner or operator determines that the detection monitoring program no
longer satisfies the requirements of this Section, the owner or operator must,
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within 90 days, submit an application for a permit modification to make any
appropriate changes to the program.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 724.199
Compliance Monitoring Program
An owner or operator required to establish a compliance monitoring program under this Subpart
F must, at a minimum, discharge the following responsibilities:
a)
The owner or operator must monitor the groundwater to determine whether
regulated units are in compliance with the groundwater protection standard under
Section 724.192. The Agency must specify the groundwater protection standard
in the facility permit, including the following:
1)
A list of the hazardous constituents identified under Section 724.193;
2)
Concentration limits under Section 724.194 for each of those hazardous
constituents;
3)
The compliance point under Section 724.195; and
4)
The compliance period under Section 724.196.
b)
The owner or operator must install a groundwater monitoring system at the
compliance point as specified under Section 724.195. The groundwater
monitoring system must comply with Section 724.197(a)(2), 724.197(b), and
724.197(c).
c)
The Agency must specify the sampling procedures and statistical methods
appropriate for the constituents and facility, consistent with Section 724.197(g)
and (h).
1)
The owner or operator must conduct a sampling program for each
chemical parameter or hazardous constituent in accordance with Section
724.297(g).
2)
The owner or operator must record groundwater analytical data as
measured and in a form necessary for the determination of statistical
significance under Section 724.197(h) for the compliance period of the
facility.
d)
The owner or operator must determine whether there is statistically significant
evidence of increased contamination for any chemical parameter or hazardous
constituent specified in the permit, pursuant to subsection (a) of this Section, at a
frequency specified under subsection (f) of this Section.
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1)
In determining whether statistically significant evidence of increased
contamination exists, the owner or operator must use the methods
specified in the permit under Section 724.197(h). The methods must
compare data collected at the compliance points to a concentration limit
developed in accordance with Section 724.194.
2)
The owner or operator must determine whether there is statistically
significant evidence of increased contamination at each monitoring well at
the compliance point within a reasonable time period after completion of
the sampling. The Agency must specify that time period in the facility
permit, after considering the complexity of the statistical test and the
availability of laboratory facilities to perform the analysis of groundwater
samples.
e)
The owner or operator must determine the groundwater flow rate and direction in
the uppermost aquifer at least annually.
f)
The Agency must specify the frequencies for collecting samples and conducting
statistical tests to determine statistically significant evidence of increased
contamination in accordance with Section 724.197(g). A sequence of at least four
samples from each well (background and compliance wells) must be collected at
least semi-annually during the compliance period for the facility.
g)
The owner or operator must annually analyze samples from all monitoring wells
at the compliance point for all constituents contained in Appendix I of this Part at
least annually to determine whether additional hazardous constituents from
Appendix I of this Part, which could possibly be present but are not on the
detection monitoring list in the permit, are actually present in the uppermost
aquifer and, if so, at what concentration, pursuant to procedures in Section
724.198(f). If the owner
or operator finds constituents of Appendix I of this Part
in the groundwater that are not already identified as monitoring constituents, the
owner or operator may resample within one month and repeat the Appendix I
analysis. If the second analysis confirms the presence of new constituents, the
owner or operator must report the concentration of these additional constituents to
the Agency within seven days after the completion of the second analysis, and
add them to the monitoring list. If the owner or operator chooses not to resample,
then the owner or operator must report the concentrations of these additional
constituents to the Agency within seven days after completion of the initial
analysis, and add them to the monitoring list. To accomplish this, the owner or
operator must consult with the Agency to determine the following on a case-by-
case basis: which sample collection event during the year will involve enhanced
sampling; the number of monitoring wells at the compliance point to undergo
enhanced sampling; the number of samples to be collected from each of these
monitoring wells; and, the specific constituents from Appendix I of this Part for
which these samples must be analyzed. If the enhanced sampling event indicates
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that Appendix I constituents are present in the ground water that are not already
identified in the permit as monitoring constituents, the owner or operator may
resample within one month or at an alternative site-specific schedule approved by
the Agency, and repeat the analysis. If the second analysis confirms the presence
of new constituents, the owner or operator must report the concentration of these
additional constituents to the Agency within seven days after the completion of
the second analysis and add them to the monitoring list. If the owner or operator
chooses not to resample, then it must report the concentrations of these additional
constituents to the Agency within seven days after completion of the initial
analysis, and add them to the monitoring list.
h)
If the owner or operator determines, pursuant to subsection (d) of this Section that
any concentration limits under Section 724.194 are being exceeded at any
monitoring well at the point of compliance, the owner or operator must do the
following:
1)
Notify the Agency of this finding in writing within seven days. The
notification must indicate what concentration limits have been exceeded.
2)
Submit to the Agency an application for a permit modification to establish
a corrective action program meeting the requirements of Section 724.200
within 180 days, or within 90 days if an engineering feasibility study has
been previously submitted to the Agency under Section 724.198(h)(5)
724.198(g)(5). The application must at a minimum include the following
information:
A)
A detailed description of corrective actions that will achieve
compliance with the groundwater protection standard specified in
the permit under subsection (a) of this Section; and
B)
A plan for a groundwater monitoring program that will
demonstrate the effectiveness of the corrective action. Such a
groundwater monitoring program may be based on a compliance
monitoring program developed to meet the requirements of this
Section.
i)
If the owner or operator determines, pursuant to subsection (d) of this Section,
that the groundwater concentration limits under this Section are being exceeded at
any monitoring well at the point of compliance, the owner or operator may
demonstrate that a source other than a regulated unit caused the contamination or
that the detection is an artifact caused by an error in sampling, analysis, or
statistical evaluation, or natural variation in groundwater. In making a
demonstration under this subsection (i), the owner or operator must do the
following:
1)
Notify the Agency in writing within seven days that it intends to make a
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demonstration under this subsection (i);
2)
Within 90 days, submit a report to the Agency that demonstrates that a
source other than a regulated unit caused the standard to be exceeded or
that the apparent noncompliance with the standards resulted from error in
sampling, analysis, or evaluation;
3)
Within 90 days, submit to the Agency an application for a permit
modification to make any appropriate changes to the compliance
monitoring program at the facility; and
4)
Continue to monitor in accord with the compliance monitoring program
established under this Section.
j)
If the owner or operator determines that the compliance monitoring program no
longer satisfies the requirements of this Section, the owner or operator must,
within 90 days, submit an application for a permit modification to make any
appropriate changes to the program.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 724.200
Corrective Action Program
An owner or operator required to establish a corrective action program pursuant to this Subpart F
must, at a minimum, discharge the following responsibilities:
a)
The owner or operator must take corrective action to ensure that regulated units
are in compliance with the groundwater protection standard pursuant to Section
724.192. The Agency must specify the groundwater protection standard in the
facility permit, including the following:
1)
A list of the hazardous constituents identified pursuant to Section 724.193;
2)
Concentration limits pursuant to Section 724.194 for each of those
hazardous constituents;
3)
The compliance point pursuant to Section 724.195; and
4)
The compliance period pursuant to Section 724.196.
b)
The owner or operator must implement a corrective action program that prevents
hazardous constituents from exceeding their respective concentration limits at the
compliance point by removing the hazardous waste constituents or treating them
in place. The permit will specify the specific measures that must be taken.
c)
The owner or operator must begin corrective action within a reasonable time
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period after the groundwater protection standard is exceeded. The Agency must
specify that time period in the facility permit. If a facility permit includes a
corrective action program in addition to a compliance monitoring program, the
permit will specify when the corrective action must begin and such a requirement
will operate in lieu of Section 724.199(i)(2).
d)
In conjunction with a corrective action program, the owner or operator must
establish and implement a groundwater monitoring program to demonstrate the
effectiveness of the corrective action program. Such a monitoring program may
be based on the requirements for a compliance monitoring program pursuant to
Section 724.199 and must be as effective as that program in determining
compliance with the groundwater protection standard pursuant to Section 724.192
and in determining the success of a corrective action program pursuant to
subsection (e) of this Section where appropriate.
e)
In addition to the other requirements of this Section, the owner or operator must
conduct a corrective action program to remove or treat in place any hazardous
constituents pursuant to Section 724.193 that exceed concentration limits pursuant
to Section 724.194 in groundwater, as follows:
1)
At the following locations:
A)
Between the compliance point pursuant to Section 724.195 and the
downgradient facility property boundary; and
B)
Beyond the facility boundary, where necessary to adequately
protect human health and the environment, unless the owner or
operator demonstrates to the Agency that, despite the owner’s or
operator’s best efforts, the owner or operator was unable to obtain
the necessary permission to undertake such action. 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.
2)
The permit will specify the following measures to be taken:
A)
Corrective action measures pursuant to this subsection (e) must be
initiated and completed within a reasonable period of time
considering the extent of contamination.
B)
Corrective action measures pursuant to this subsection (e) may be
terminated once the concentration of hazardous constituents
pursuant to Section 724.193 is reduced to levels below their
respective concentration limits pursuant to Section 724.194.
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f)
The owner or operator must continue corrective action measures during the
compliance period to the extent necessary to ensure that the groundwater
protection standard is not exceeded. If the owner or operator is conducting
corrective action at the end of the compliance period, the owner or operator must
continue that corrective action for as long as necessary to achieve compliance
with the groundwater protection standard. The owner or operator may terminate
corrective action measures taken beyond the period equal to the active life of the
waste management area (including the closure period) if the owner or operator
can demonstrate, based on data from the groundwater monitoring program
pursuant to subsection (d) of this Section, that the groundwater protection
standard of Section 724.192 has not been exceeded for a period of three
consecutive years.
g)
The owner or operator must report in writing to the Agency on the effectiveness
of the corrective action program. The owner or operator must submit these
reports semi-annually annually.
h)
If the owner or operator determines that the corrective action program no longer
satisfies this Section, the owner or operator must, within 90 days, submit an
application for a permit modification to make any appropriate changes to the
program.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART G: CLOSURE AND POST-CLOSURE CARE
Section 724.213
Closure; Time Allowed for Closure
a)
All permits must require that, within 90 days after receiving the final volume of
hazardous waste, or the final volume of non-hazardous wastes, if the owner or
operator complies with all the applicable requirements of subsections (d) and (e)
of this Section, at a hazardous waste management unit or facility, the owner or
operator treat, remove from the unit or facility, or dispose of on-site, all hazardous
wastes in accordance with the approved closure plan, unless the owner or operator
makes the following demonstration by way of permit application or modification
application. The Agency must approve a longer period if the owner or operator
demonstrates that the following is true:
1)
Either of the following:
A)
The activities required to comply with this subsection (a) will, of
necessity, take longer than 90 days to complete; or
B)
All of the following is true:
i)
The hazardous waste management unit or facility has the
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capacity to receive additional hazardous wastes, or has the
capacity to receive non-hazardous wastes, if the owner or
operator complies with subsections (d) and (e) of this
Section;
ii)
There is a reasonable likelihood that the owner or operator
or another person will recommence operation of the
hazardous waste management unit or facility within one
year; and
iii)
Closure of the hazardous waste management unit or facility
would be incompatible with continued operation of the site;
and
2)
The owner or operator has taken and will continue to take all steps to
prevent threats to human health and the environment, including
compliance with all applicable permit requirements.
b)
All permits must require that the owner or operator complete partial and final
closure activities in accordance with the approved closure plan and within 180
days after receiving the final volume of hazardous wastes, or the final volume of
non-hazardous wastes, if the owner or operator complies with all applicable
requirements in subsections (d) and (e) of this Section, at the hazardous waste
management unit or facility, unless the owner or operator makes the following
demonstration by way of permit application or modification application. The
Agency must approve a longer closure period if the owner or operator
demonstrates as follows:
1)
Either of the following:
A)
The partial or final closure activities will, of necessity, take longer
than 180 days to complete; or
B)
All of the following:
i)
The hazardous waste management unit or facility has the
capacity to receive additional hazardous wastes, or has the
capacity to receive non-hazardous wastes, if the owner or
operator complies with subsections (d) and (e) of this
Section;
ii)
There is reasonable likelihood that the owner or operator
will recommence operation of the hazardous waste
management unit or facility within one year; and
iii)
Closure of the hazardous waste management unit or facility
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would be incompatible with continued operation of the site;
and
2)
The owner and operator have taken and will continue to take all steps to
prevent threats to human health and the environment from the unclosed
but not operating hazardous waste management unit or facility including
compliance with all applicable permit requirements.
c)
The demonstration referred to in subsections (a)(1) and (b)(1) of this Section must
be made as follows:
1)
The demonstration in subsection (a)(1) of this Section must be made at
least 30 days prior to the expiration of the 90-day period in subsection (a)
of this Section; and
2)
The demonstration in subsection (b)(1) of this Section must be made at
least 30 days prior to the expiration of the 180-day period in subsection
(b) of this Section, unless the owner or operator is otherwise subject to
deadlines in subsection (d) of this Section.
d)
Continued receipt of non-hazardous waste. The Agency must permit an owner or
operator to receive only non-hazardous wastes in a landfill, land treatment unit, or
surface impoundment unit after the final receipt of hazardous wastes at that unit if
the following is true:
1)
The owner or operator requests a permit modification in compliance with
all applicable requirements in 35 Ill. Adm. Code 702, 703, and 705, and in
the permit modification request demonstrates the following:
A)
That the unit has the existing design capacity as indicated on the
Part A application to receive non-hazardous wastes;
B)
That there is a reasonable likelihood that the owner or operator or
another person will receive non-hazardous wastes in the unit
within one year after the final receipt of hazardous wastes;
C)
That the non-hazardous wastes will not be incompatible with any
remaining wastes in the unit, or with the facility design and
operating requirements of the unit or facility pursuant to this Part;
D)
That closure of the hazardous waste management unit would be
incompatible with continued operation of the unit or facility; and
E)
That the owner or operator is operating and will continue to
operate in compliance with all applicable permit requirements;
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2)
The request to modify the permit includes an amended waste analysis
plan, groundwater monitoring and response program, human exposure
assessment required pursuant to 35 Ill. Adm. Code 703.186, and closure
and post-closure plans and updated cost estimates and demonstrations of
financial assurance for closure and post-closure care, as necessary and
appropriate, to reflect any changes due to the presence of hazardous
constituents in the non-hazardous wastes, and changes in closure
activities, including the expected year of closure if applicable pursuant to
Section 724.212(b)(7), as a result of the receipt of non-hazardous wastes
following the final receipt of hazardous wastes;
3)
The request to modify the permit includes revisions, as necessary and
appropriate, to affected conditions of the permit to account for the receipt
of non-hazardous wastes following receipt of the final volume of
hazardous wastes; and
4)
The request to modify the permit and the demonstrations referred to in
subsections (d)(1) and (d)(2) of this Section are submitted to the Agency
no later than 120 days prior to the date on which the owner or operator of
the facility receives the known final volume of hazardous wastes at the
unit or no later than 90 days after the effective date of this Section,
whichever is later.
e)
Surface impoundments. In addition to the requirements in subsection (d) of this
Section, an owner or operator of a hazardous waste surface impoundment that is
not in compliance with the liner and leachate collection system requirements in
Section 724.321(c), (d), or (e) must receive non-hazardous wastes only as
authorized by an adjusted standard pursuant to this subsection (e).
1)
The petition for adjusted standard must include the following:
A)
A plan for removing hazardous wastes; and
B)
A contingent corrective measures plan.
2)
The removal plan must provide for the following:
A)
Removing all hazardous liquids; and
B)
Removing all hazardous sludges to the extent practicable without
impairing the integrity of the liner or liners, if any; and
C)
Removal of hazardous wastes no later than 90 days after the final
receipt of hazardous wastes. The Board will allow a longer time, if
the owner or operator demonstrates the following:
297
i)
That the removal of hazardous wastes will, of necessity,
take longer than the allotted period to complete; and
ii)
That an extension will not pose a threat to human health
and the environment.
3)
The following requirements apply to the contingent corrective measures
plan:
A)
It must meet the requirements of a corrective action plan pursuant
to Section 724.199, based upon the assumption that a release has
been detected from the unit.
B)
It may be a portion of a corrective action plan previously submitted
pursuant to Section 724.199.
C)
It may provide for continued receipt of non-hazardous wastes at
the unit following a release only if the owner or operator
demonstrates that continued receipt of wastes will not impede
corrective action.
D)
It must provide for implementation within one year after a release,
or within one year after the grant of the adjusted standard,
whichever is later.
4)
Definition of “release.” A release is defined as a statistically significant
increase (or decrease in the case of pH) over background values for
detection monitoring parameters or constituents specified in the permit, or
over the facility’s groundwater protection standard at the or over the
facility’s groundwater protection standard at the point of compliance, if
applicable, detected in accordance with the requirements in Subpart F of
this Part.
5)
In the event of a release, the owner or operator of the unit must do the
following:
A)
Within 35 days, the owner or operator must file with the Board a
petition for adjusted standard. If the Board finds that it is
necessary to do so in order to adequately protect human health and
the environment, the Board will modify the adjusted standard to
require the owner or operator to fulfill the conditions of
subsections (e)(5)(A)(i) and (e)(5)(A)(ii) of this Section. The
Board will retain jurisdiction or condition the adjusted standard so
as to require the filing of a new petition to address any required
closure pursuant to subsection (e)(7) of this Section.
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i)
Begin to implement that corrective measures plan in less
than one year; or
ii)
Cease the receipt of wastes until the plan has been
implemented.
B)
The owner or operator must implement the contingent corrective
measures plan.
C)
The owner or operator may continue to receive wastes at the unit if
authorized by the approved contingent measures plan.
6)
Semi-annual Annual report. During the period of corrective action, the
owner or operator must provide semi-annual annual reports to the Agency
that do the following:
A)
Describe They must describe the progress of the corrective action
program;
B)
Compile They must compile all groundwater monitoring data; and
C)
Evaluate They must evaluate the effect of the continued receipt of
non-hazardous wastes on the effectiveness of the corrective action.
7)
Required closure. The owner or operator must commence closure of the
unit in accordance with the closure plan and the requirements of this Part
if the Board terminates the adjusted standard, or if the adjusted standard
terminates pursuant to its terms.
A)
The Board will terminate the adjusted standard if the owner or
operator failed to implement corrective action measures in
accordance with the approved contingent corrective measures plan.
B)
The Board will terminate the adjusted standard if the owner or
operator fails to make substantial progress in implementing the
corrective measures plan and achieving the facility’s groundwater
protection standard, or background levels if the facility has not yet
established a groundwater protection standard.
C)
The adjusted standard will automatically terminate if the owner or
operator fails to implement the removal plan.
D)
The adjusted standard will automatically terminate if the owner or
operator fails to timely file a required petition for adjusted
standard.
299
8)
Adjusted standard procedures. The following procedures must be used in
granting, modifying or terminating an adjusted standard pursuant to this
subsection (e).
A)
Except as otherwise provided, the owner or operator must follow
the procedures of Section 28.1 of the Act [415 ILCS 5/28.1] and
35 Ill. Adm. Code 101 and 104 to petition the Board for an
adjusted standard.
B)
Initial justification. The Board will grant an adjusted standard
pursuant to subsection (e)(1) of this Section if the owner or
operator demonstrates that the removal plan and contingent
corrective measures plans meet the requirements of subsections
(e)(2) and (e)(3) of this Section.
C)
The Board will include the following conditions in granting an
adjusted standard pursuant to subsection (e)(1) of this Section:
i)
A plan for removing hazardous wastes.
ii)
A requirement that the owner or operator remove
hazardous wastes in accordance with the plan.
iii)
A contingent corrective measures plan.
iv)
A requirement that, in the event of a release, the owner or
operator must do as follows: within 35 days, file with the
Board a petition for adjusted standard; implement the
corrective measures plan; and, file semi-annual reports with
the Agency.
v)
A condition that the adjusted standard will terminate if the
owner or operator fails to do as follows: implement the
removal plan; or timely file a required petition for adjusted
standard.
vi)
A requirement that, in the event the adjusted standard is
terminated, the owner or operator must commence closure
of the unit in accordance with the requirements of the
closure plan and this Part.
D)
Justification in the event of a release. The Board will modify or
terminate the adjusted standard pursuant to a petition filed
pursuant to subsection (e)(5)(A) of this Section, as provided in that
subsection or in subsection (e)(7) of this Section.
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9)
The Agency must modify the RCRA permit to include the adjusted
standard.
10)
The owner or operator may file a permit modification application with a
revised closure plan within 15 days after an adjusted standard is
terminated.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 724.215
Certification of Closure
Within 60 days after completion of closure of each hazardous waste surface impoundment, waste
pile, land treatment, or landfill unit, and within 60 days after completion of final closure, the
owner or operator must submit to the Agency, by registered mail, a certification that the
hazardous waste management unit or facility, as applicable, has been closed in accordance with
the specifications in the approved closure plan. The certification must be signed by the owner or
operator and by an independent registered professional engineer a qualified Professional
Engineer. Documentation supporting the independent registered professional engineer’s
Professional Engineer’s certification must be furnished to the Agency upon request until the
Agency releases the owner or operator from the financial assurance requirements for closure
under Section 724.243(i).
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 724.216
Survey Plat
No later than the submission of the certification of closure of each hazardous waste disposal unit,
the owner or operator must submit to any local zoning authority or authority with jurisdiction
over local land use and to the Agency and record with land titles, a survey plat indicating the
location and dimensions of landfills
landfill cells or other hazardous waste disposal units with
respect to permanently surveyed benchmarks. This plat must be prepared and certified by a
professional land surveyor. The plat filed with the local zoning authority or the authority with
jurisdiction over local land use must contain a note, prominently displayed, that states the
owner’s and operator’s obligation to restrict disturbance of the hazardous waste disposal unit in
accordance with the applicable regulations of Subpart G of this Part.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 724.220
Certification of Completion of Post-Closure Care
No later than 60 days after completion of the established post-closure care period for each
hazardous waste disposal unit, the owner or operator must submit to the Agency, by registered
mail, a certification that the post-closure care period for the hazardous waste disposal unit was
performed in accordance with the specifications in the approved post-closure plan. The
certification must be signed by the owner or operator and an independent registered professional
301
engineer a qualified Professional Engineer. Documentation supporting the independent
registered professional engineer’s Professional Engineer’s certification must be furnished to the
Agency upon request until the Agency releases the owner or operator from the financial
assurance requirements for post-closure care under Section 724.245(i).
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART H: FINANCIAL REQUIREMENTS
Section 724.240
Applicability
a)
The requirements of Sections 724.242, 724.243, and 724.247 through 724.251
apply to owners and operators of all hazardous waste facilities, except as provided
otherwise in this Section or in Section 724.101.
b)
The requirements of Sections 724.244 and 724.245 apply only to owners and
operators of the following:
1)
Disposal facilities;
2)
Piles, and surface impoundments from which the owner or operator
intends to remove the wastes at closure, to the extent that Sections
724.244 and 724.245 are made applicable to such facilities in Sections
724.328 and 724.358;
3)
Tank systems that are required pursuant to Section 724.297 to meet the
requirements for landfills; or
4)
Containment buildings that are required pursuant to Section 724.1102 to
meet the requirements for landfills.
c)
The State and the federal government are exempt from the requirements of this
Subpart H.
d)
A permit or enforceable document can contain alternative requirements that replace
all or part of the financial assurance requirements of this Subpart H applying to a
regulated unit, as provided in 35 Ill. Adm. Code 703.161, where the Board or
Agency has done the following:
1)
The Board or Agency has established alternative requirements for the
regulated unit established pursuant to Section 724.190(f) or 724.210(d)
724.210(c)
; and
2)
The Board or Agency determines that it is not necessary to apply the
financial assurance requirements of this Subpart H because the alternative
financial assurance requirements will adequately protect human health and
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the environment.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 724.243
Financial Assurance for Closure
An owner or operator of each facility must establish financial assurance for closure of the
facility. The owner or operator must choose from the options that are specified in subsections
(a) through (f) of this Section.
a)
Closure trust fund.
1)
An owner or operator may satisfy the requirements of this Section by
establishing a closure trust fund that conforms to the requirements of this
subsection (a) and submitting an original signed duplicate of the trust
agreement to the Agency. An owner or operator of a new facility must
submit the original signed duplicate of the trust agreement to the Agency
at least 60 days before the date on which hazardous waste is first received
for treatment, storage or disposal. The trustee must be an entity that has
the authority to act as a trustee and whose trust operations are regulated
and examined by a federal or State agency.
2)
The wording of the trust agreement must be that specified in Section
724.251 and the trust agreement must be accompanied by a formal
certification of acknowledgment (as specified in Section 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.
3)
Payments into the trust fund must be made annually by the owner or
operator over the term of the initial RCRA permit 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:
A)
For a new facility, the first payment must be made before the
initial receipt of hazardous waste for treatment, storage, or
disposal. A receipt from the trustee for this payment must be
submitted by the owner or operator to the Agency before this
initial receipt of hazardous waste. The first payment must be at
least equal to the current closure cost estimate, except as provided
in subsection (g) of this Section, 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 the
following formula:
303
()
Y
Next payment
=
CE - CV
Where:
CE = the current closure cost estimate
CV = the current value of the trust fund
Y =
the number of years remaining in the pay-in
period.
B)
If an owner or operator establishes a trust fund as specified in 35
Ill. Adm. Code 725.243(a) and the value of that trust fund is less
than the current closure cost estimate when a permit is awarded for
the facility, the amount of the current closure cost estimate still to
be paid into the trust fund must be paid in over the pay-in period as
defined in subsection (a)(3) of this Section. Payments must
continue to be made no later than 30 days after each anniversary
date of the first payment made pursuant to 35 Ill. Adm. Code 725.
The amount of each payment must be determined by the following
formula:
()
Y
Next payment
=
CE - CV
Where:
CE = the current closure cost estimate
CV = the current value of the trust fund
Y =
the number of years remaining in the pay-in
period.
4)
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 must 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) of this
Section.
5)
If the owner or operator establishes a closure trust fund after having used
one or more alternate mechanisms specified in this Section or in 35 Ill.
Adm. Code 725.243, its 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 according to specifications of this subsection (a)
and 35 Ill. Adm. Code 725.243, as applicable.
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6)
After the pay-in period is completed, whenever the current closure cost
estimate changes, the owner or operator must 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, must 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.
7)
If the value of the trust fund is greater than the total amount of the current
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.
8)
If an owner or operator substitutes other financial assurance, as specified
in this Section for all or part of the trust fund, it 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.
9)
Within 60 days after receiving a request from the owner or operator for
release of funds as specified in subsection (a)(7) or (a)(8) of this Section,
the Agency must 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 must 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 must
withhold reimbursement of such amounts as it deems prudent until it
determines, in accordance with subsection (i) of this Section, 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 must provide the owner or
operator with a detailed written statement of reasons.
11)
The Agency must agree to termination of the trust when either of the
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following occurs:
A)
An owner or operator substitutes alternate financial assurance, as
specified in this Section; or
B)
The Agency releases the owner or operator from the requirements
of this Section in accordance with subsection (i).
b)
Surety bond guaranteeing payment into a closure trust fund.
1)
An owner or operator may satisfy the requirements of this Section by
obtaining a surety bond that conforms to the requirements of this
subsection (b) and submitting the bond to the Agency. An owner or
operator of a new facility must submit the bond to the Agency at least 60
days before the date on which hazardous waste is first received for
treatment, storage or disposal. The bond must be effective before this
initial receipt of hazardous waste. 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.
BOARD NOTE: The U.S. Department of Treasury updates Circular 570,
“Companies Holding Certificates of Authority as Acceptable Sureties on
Federal Bonds and as Acceptable Reinsuring Companies,” on an annual
basis pursuant to 31 CFR 223.16. Circular 570 is available on the Internet
from the following website: http://www.fms.treas.gov/c570/.
2)
The wording of the surety bond must be that specified in Section 724.251.
3)
The owner or operator who uses a surety bond to satisfy the requirements
of this Section must 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) of this Section except as follows:
A)
An original, signed duplicate of the trust agreement must be
submitted to the Agency with the surety bond; and
B)
Until the standby trust fund is funded pursuant to the requirements
of this Section, the following are not required by these regulations:
i)
Payments into the trust fund as specified in subsection (a)
of this Section;
ii)
Updating of Schedule A of the trust agreement (see 35 Ill.
Adm. Code 724.251) to show current closure cost
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estimates;
iii)
Annual valuations, as required by the trust agreement; and
iv)
Notices of nonpayment as required by the trust agreement.
4)
The bond must guarantee that the owner or operator will do one of the
following:
A)
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;
B)
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
C)
Provide alternate financial assurance as specified in this Section,
and obtain the Agency’s written approval of the assurance
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.
5)
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.
6)
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 (g) of this
Section.
7)
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, must 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.
8)
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 evidence
evidenced by the return
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receipts.
9)
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.
c)
Surety bond guaranteeing performance of closure.
1)
An owner or operator may satisfy the requirements of this Section by
obtaining a surety bond that conforms to the requirements of this
subsection (c) and submitting the bond to the Agency. An owner or
operator of a new facility must submit the bond to the Agency at least 60
days before the date on which hazardous waste is first received for
treatment, storage, or disposal. The bond must be effective before this
initial receipt of hazardous waste. 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.
BOARD NOTE: The U.S. Department of Treasury updates Circular 570,
“Companies Holding Certificates of Authority as Acceptable Sureties on
Federal Bonds and as Acceptable Reinsuring Companies,” on an annual
basis pursuant to 31 CFR 223.16. Circular 570 is available on the Internet
from the following website: http://www.fms.treas.gov/c570/.
2)
The wording of the surety bond must be that specified in Section 724.251.
3)
The owner or operator who uses a surety bond to satisfy the requirements
of this Section must 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 must meet the requirements specified in
subsection (a) of this Section, except as follows:
A)
An original, signed duplicate of the trust agreement must be
submitted to the Agency with the surety bond; and
B)
Unless the standby trust fund is funded pursuant to the
requirements of this Section, the following are not required by
these regulations:
i)
Payments into the trust fund, as specified in subsection (a)
of this Section;
ii)
Updating of Schedule A of the trust agreement (as specified
in Section 724.251) to show current closure cost estimates;
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iii)
Annual valuations, as required by the trust agreement; and
iv)
Notices of nonpayment, as required by the trust agreement.
4)
The bond must guarantee that the owner or operator will do the following:
A)
Perform final closure in accordance with the closure plan and other
requirements of the permit for the facility whenever required to do
so; or
B)
Provide alternative financial assurance, as specified in this Section,
and obtain the Agency’s written approval of the assurance
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.
5)
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. 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 and other permit requirements
when required to do so, under the terms of the bond the surety will
perform final closure, as guaranteed by the bond, or will deposit the
amount of the penal sum into the standby trust fund.
6)
The penal sum of the bond must be in an amount at least equal to the
current closure cost estimate.
7)
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, must 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. 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.
8)
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.
9)
The owner or operator may cancel the bond if the Agency has given prior
written consent. The Agency must provide such written consent when
either of the following occurs:
309
A)
An owner or operator substitutes alternative financial assurance, as
specified in this Section; or
B)
The Agency releases the owner or operator from the requirements
of this Section in accordance with subsection (i) of this Section.
10)
The surety must not be liable for deficiencies in the performance of
closure by the owner or operator after the Agency releases the owner or
operator from the requirements of this Section in accordance with
subsection (i) of this Section.
d)
Closure letter of credit.
1)
An owner or operator may satisfy the requirements of this Section by
obtaining an irrevocable standby letter of credit that conforms to the
requirements of this subsection (d) and submitting the letter to the
Agency. An owner or operator of a new facility must submit the letter of
credit to the Agency at least 60 days before the date on which hazardous
waste is first received for treatment, storage, or disposal. The letter of
credit must be effective before this initial receipt of hazardous waste. The
issuing institution must be an entity that has the authority to issue letters
of credit and whose letter-of-credit operations are regulated and examined
by a federal or state agency.
2)
The wording of the letter of credit must be that specified in Section
724.251.
3)
An owner or operator who uses a letter of credit to satisfy the
requirements of this Section must also establish a standby trust fund.
Under the terms of the letter of credit, all amounts paid pursuant to a draft
by the Agency must 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) of this Section, except as follows:
A)
An original, signed duplicate of the trust agreement must be
submitted to the Agency with the letter of credit; and
B)
Unless the standby trust fund is funded pursuant to the
requirements of this Section, the following are not required by
these regulations.
i)
Payments into the trust fund, as specified in subsection (a)
of this Section;
310
ii)
Updating of Schedule A of the trust agreement (as specified
in Section 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.
4)
The letter or 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 USEPA identification
number, name and address of the facility, and the amount of funds assured
for closure of the facility by the letter of credit.
5)
The letter of credit must be irrevocable and issued for a period of at least
one year. The letter of credit must provide that the expiration date will be
automatically extended for a period of at least one 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.
6)
The letter of credit must be issued in an amount at least equal to the
current closure cost estimate, except as provided in subsection (g) of this
Section.
7)
Whenever the current closure cost estimate increases to an amount greater
than the amount of the credit, the owner or operator, within 60 days after
the increase, must 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.
8)
Following a final judicial determination or Board order finding that the
owner or operator has failed to perform final closure in accordance with
the closure plan and other permit requirements when required to do so, the
Agency may draw on the letter of credit.
9)
If the owner or operator does not establish alternative financial assurance,
as specified in this Section, and obtain written approval of such alternative
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
311
date, the Agency must 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 must
draw on the letter of credit if the owner or operator has failed to provide
alternative financial assurance, as specified in this Section, and obtain
written approval of such assurance from the Agency.
10)
The Agency must return the letter of credit to the issuing institution for
termination when either of the following occurs:
A)
An owner or operator substitutes alternative financial assurance, as
specified in this Section; or
B)
The Agency releases the owner or operator from the requirements
of this Section in accordance with subsection (i) of this Section.
e)
Closure insurance.
1)
An owner or operator may satisfy the requirements of this Section by
obtaining closure insurance that conforms to the requirements of this
subsection (e) and submitting a certificate of such insurance to the
Agency. An owner or operator of a new facility must submit the
certificate of insurance to the Agency at least 60 days before the date on
which hazardous waste is first received for treatment, storage, or disposal.
The insurance must be effective before this initial receipt of hazardous
waste. At a minimum, the insurer must be licensed to transact the
business of insurance or be eligible to provide insurance as an excess or
surplus lines insurer in one or more States.
2)
The wording of the certificate of insurance must be that specified in
Section 724.251.
3)
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
(g) of this Section. 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.
4)
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.
312
5)
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 reimbursements 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 must 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 must withhold reimbursement of
such amounts that it deems prudent, until it determines, in accordance with
subsection (i) of this Section, that the owner or operator is no longer
required to maintain financial assurance for closure of the facility. If the
Agency does not instruct the insurer to make such reimbursements, the
Agency must provide the owner or operator with a detailed written
statement of reasons.
6)
The owner or operator must 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 (e)(10) of this Section. Failure to pay
the premium, without substitution of alternative 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
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.
7)
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.
8)
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
313
the event that on or before the date of expiration one of the following
occurs:
A)
The Agency deems the facility abandoned;
B)
The permit is terminated or revoked or a new permit is denied;
C)
Closure is ordered by the Board or a U.S. district court or other
court of competent jurisdiction;
D)
The owner or operator is named as debtor in a voluntary or
involuntary proceeding under 11 USC (Bankruptcy); or
E)
The premium due is paid.
9)
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, must 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 must give written consent to the owner or operator that it may
terminate the insurance policy when either of the following occurs:
A)
An owner or operator substitutes alternative financial assurance, as
specified in this Section; or
B)
The Agency releases the owner or operator from the requirements
of this Section in accordance with subsection (i) of this Section.
f)
Financial test and corporate guarantee for closure.
1)
An owner or operator may satisfy the requirements of this Section by
demonstrating that it passes a financial test, as specified in this subsection
(f). To pass this test the owner or operator must meet the criteria of either
subsection (f)(1)(A) or (f)(1)(B) of this Section:
A)
The owner or operator must have the following:
i)
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
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liabilities greater than 0.1; and a ratio of current assets to
current liabilities greater than 1.5;
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;
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.
B)
The owner or operator must have the following:
i)
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;
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;
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 estimates and the current
plugging and abandonment cost estimates.
2)
The phrase “current closure and post-closure cost estimates,” as used in
subsection (f)(1) of this Section, refers to the cost estimates required to be
shown in subsections 1-4 of the letter from the owner’s or operator’s chief
financial officer (see Section 724.251). The phrase “current plugging and
abandonment cost estimates,” as used in subsection (f)(1) of this Section,
refers to the cost estimates required to be shown in subsections 1-4 of the
letter from the owner’s or operator’s chief financial officer (see 35 Ill.
Adm. Code 704.240).
3)
To demonstrate that it meets this test, the owner or operator must submit
the following items to the Agency:
A)
A letter signed by the owner’s or operator’s chief financial officer
and worded as specified in Section 724.251; and
315
B)
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
C)
A special report from the owner’s or operator’s independent
certified public accountant to the owner or operator stating the
following:
i)
That the accountant has compared the data that 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, that no matters came to
the accountant’s attention which caused the accountant to
believe that the specified data should be adjusted.
4)
An owner or operator of a new facility must submit the items specified in
subsection (f)(3) of this Section to the Agency at least 60 days before the
date on which hazardous waste is first received for treatment, storage, or
disposal.
5)
After the initial submission of items specified in subsection (f)(3) of this
Section, the owner or operator must send updated information to the
Agency within 90 days after the close of each succeeding fiscal year. This
information must consist of all three items specified in subsection (f)(3) of
this Section.
6)
If the owner or operator no longer meets the requirements of subsection
(f)(1) of this Section the owner or operator must send notice to the Agency
of intent to establish alternative 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 must provide the alternative financial assurance within 120 days
after the end of such fiscal year.
7)
The Agency may, based on a reasonable belief that the owner or operator
may no longer meet the requirements of subsection (f)(1) of this Section,
require reports of financial condition at any time from the owner or
operator in addition to those specified in subsection (f)(3) of this Section.
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
(f)(1) of this Section, the owner or operator must provide alternative
316
financial assurance, as specified in this Section, within 30 days after
notification of such a finding.
8)
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 (f)(3)(B) of this Section). An adverse
opinion or a disclaimer of opinion will be cause for disallowance. The
Agency must evaluate other qualifications on an individual basis. The
owner or operator must provide alternative financial assurance, as
specified in this Section, within 30 days after notification of the
disallowance.
9)
The owner or operator is no longer required to submit the items specified
in subsection (f)(3) of this Section when either of the following occurs:
A)
An owner or operator substitutes alternative financial assurance, as
specified in this Section; or
B)
The Agency releases the owner or operator from the requirements
of this Section in accordance with subsection (i) of this Section.
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 must 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 operator, or a firm with a
“substantial business relationship” with the owner or operator. The
guarantor must meet the requirements for owners or operators in
subsections (f)(1) through (f)(8) of this Section, must comply with the
terms of the corporate guarantee, and the wording of the corporate
guarantee must be that specified in Section 724.251. The certified copy of
the corporate guarantee must accompany the items sent to the Agency, as
specified in subsection (f)(3) of this Section. 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 as
follows:
A)
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 permit requirements whenever required to do so, the
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guarantor will do so or establish a trust fund, as specified in
subsection (a) of this Section, in the name of the owner or
operator.
B)
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.
C)
If the owner or operator fails to provide alternative financial
assurance as specified in this Section and obtain the written
approval of such alternative 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 alternative financial
assurance in the name of the owner or operator.
g)
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
guaranteeing payment into a trust fund, letters of credit, and insurance. The
mechanisms must be as specified in subsections (a), (b), (d), and (e) of this
Section, respectively, except that it is the combination of mechanisms, rather than
the single mechanism, that 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, it may use the trust
fund as the standby trust fund for the other 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.
h)
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 USEPA 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.
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i)
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 a qualified Professional Engineer
that final approved closure has been accomplished in accordance with the closure
plan, the Agency must notify the owner or operator in writing that it 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 must 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.
j)
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)):
1)
An increase in, or a refusal to decrease the amount of, a bond, letter of
credit, or insurance;
2)
Requiring alternative assurance upon a finding that an owner or operator
or parent corporation no longer meets a financial test.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 724.245
Financial Assurance for Post-Closure Care
An owner or operator of a hazardous waste management unit subject to the requirements of
Section 724.244 must establish financial assurance for post-closure care in accordance with the
approved post-closure plan for the facility 60 days prior to the initial receipt of hazardous waste
or the effective date of the regulation, whichever is later. The owner or operator must choose
from among the following options:
a)
Post-closure trust fund.
1)
An owner or operator may satisfy the requirements of this Section by
establishing a post-closure trust fund that conforms to the requirements of
this subsection (a) and submitting an original, signed duplicate of the trust
agreement to the Agency. An owner or operator of a new facility must
submit the original, signed duplicate of the trust agreement to the Agency
at least 60 days before the date on which hazardous waste is first received
for disposal. The trustee must be an entity that has the authority to act as a
trustee and whose trust operations are regulated and examined by a federal
or State agency.
2)
The wording of the trust agreement must be that specified in Section
724.251 and the trust agreement accompanied by a formal certification of
acknowledgment (as specified in Section 724.251). Schedule A of the
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trust agreement must be updated within 60 days after a change in the
amount of the current post-closure cost estimate covered by the
agreement.
3)
Payments into the trust fund must be made annually by the owner or
operator over the term of the initial RCRA permit 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 post-closure trust fund must be made as follows:
A)
For a new facility, the first payment must be made before the
initial receipt of hazardous waste for disposal. A receipt from the
trustee for this payment must be submitted by the owner or
operator to the Agency before this initial receipt of hazardous
waste. The first payment must be at least equal to the current post-
closure cost estimate, except as provided in subsection (g) of this
Section, 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 the following formula:
()
Y
Next payment
=
CE - CV
Where:
CE = the current closure cost estimate
CV = the current value of the trust fund
Y =
the number of years remaining in the pay-in
period.
B)
If an owner or operator establishes a trust fund, as specified in 35
Ill. Adm. Code 725.245(a), and the value of that trust fund is less
than the current post-closure cost estimate when a permit is
awarded for the facility, the amount of the current post-closure cost
estimate still to be paid into the trust fund must be paid in over the
pay-in period as defined in subsection (a)(3) of this Section.
Payments must continue to be made no later than 30 days after
each anniversary date of the first payment made pursuant to 35 Ill.
Adm. Code 725. The amount of each payment must be determined
by the following formula:
()
Y
Next payment
=
CE - CV
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Where:
CE = the current closure cost estimate
CV = the current value of the trust fund
Y =
the number of years remaining in the pay-in
period.
4)
The owner or operator may accelerate payments into the trust fund or
owner or operator must 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) of this Section.
5)
If the owner or operator establishes a post-closure trust fund after having
used one or more alternative mechanisms specified in this Section or in 35
Ill. Adm. Code 725.245, its 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 according to specifications of this subsection (a)
and 35 Ill. Adm. Code 725.245, as applicable.
6)
After the pay-in period is completed, whenever the current post-closure
cost estimate changes during the operating life of the facility, the owner or
operator must 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, must either deposit an amount into the
fund so that its value after this deposit at least equals the amount of the
current post-closure cost estimate, or obtain other financial assurance, as
specified in this Section, to cover the difference.
7)
During the operating life of the facility, if the value of the trust fund is
greater than the total amount of the current post-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 post-closure cost estimate.
8)
If an owner or operator substitutes other financial assurance as specified in
this Section for all or part of the trust fund, it may submit a written request
to the Agency for release of the amount in excess of the current post-
closure cost estimate covered by the trust fund.
9)
Within 60 days after receiving a request from the owner or operator for
release of funds, as specified in subsection (a)(7) or (a)(8) of this Section,
the Agency must instruct the trustee to release to the owner or operator
such funds as the Agency specifies in writing.
10)
During the period of post-closure care, the Agency must approve a release
of funds if the owner or operator demonstrates to the Agency that the
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value of the trust fund exceeds the remaining cost of post-closure care.
11)
An owner or operator or any other person authorized to perform post-
closure care may request reimbursement for post-closure care
expenditures by submitting itemized bills to the Agency. Within 60 days
after receiving bills for post-closure activities, the Agency must instruct
the trustee to make requirements in those amounts that the Agency
specifies in writing if the Agency determines that the post-closure care
expenditures are in accordance with the approved post-closure plan or
otherwise justified. If the Agency does not instruct the trustee to make
such reimbursements, the Agency must provide the owner or operator with
a detailed written statement of reasons.
12)
The Agency must agree to termination of the trust when either of the
following occurs:
A)
An owner or operator substitutes alternative financial assurance, as
specified in this Section; or
B)
The Agency releases the owner or operator from the requirements
of this Section in accordance with subsection (i) of this Section.
b)
Surety bond guaranteeing payment into a post-closure trust fund.
1)
An owner or operator may satisfy the requirements of this Section by
obtaining a surety bond that conforms to the requirements of this
subsection (b) and submitting the bond to the Agency. An owner or
operator of a new facility must submit the bond to the Agency at least 60
days before the date on which hazardous waste is first received for
disposal. The bond must be effective before this initial receipt of
hazardous waste. 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.
BOARD NOTE: The U.S. Department of Treasury updates Circular 570,
“Companies Holding Certificates of Authority as Acceptable Sureties on
Federal Bonds and as Acceptable Reinsuring Companies,” on an annual
basis pursuant to 31 CFR 223.16. Circular 570 is available on the Internet
from the following website: http://www.fms.treas.gov/c570/.
2)
The wording of the surety bond must be that specified in Section 724.251.
3)
The owner or operator who uses a surety bond to satisfy the requirements
of this Section must 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
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the Agency. This standby trust fund must meet the requirements specified
in subsection (a) of this Section, except as follows:
A)
An original, signed duplicate of the trust agreement must be
submitted to the Agency with the surety bond; and
B)
Until the standby trust fund is funded pursuant to the requirements
of this Section, the following are not required by these regulations:
i)
Payments into the trust fund, as specified in subsection (a)
of this Section;
ii)
Updating of Schedule A of the trust agreement (as specified
in Section 724.251) to show current post-closure cost
estimates;
iii)
Annual valuations, as required by the trust agreement; and
iv)
Notices of nonpayment, as required by the trust agreement.
4)
The bond must guarantee that the owner or operator will do one of the
following:
A)
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;
B)
Fund the standby trust fund in an amount equal to the penal sum
within 15 days after an order to begin closure is issued by the
Board or a U.S. district court or other court of competent
jurisdiction; or
C)
Provide alternative financial assurance as specified in this Section,
and obtain the Agency’s written approval of the assurance
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.
5)
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.
6)
The penal sum of the bond must be in an amount at least equal to the
current post-closure cost estimate, except as provided in subsection (g) of
this Section.
7)
Whenever the current post-closure cost estimate increases to an amount
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greater than the penal sum, the owner or operator, within 60 days after the
increase, must either cause the penal sum to be increased to an amount at
least equal to the current post-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
post-closure cost estimate decreases, the penal sum may be reduced to the
amount of the current post-closure cost estimate following written
approval by the Agency.
8)
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 evidence by the return receipts.
9)
The owner or operator may cancel the bond if the Agency has given prior
written consent based on its receipt of evidence of alternative financial
assurance, as specified in this Section.
c)
Surety bond guaranteeing performance of post-closure care.
1)
An owner or operator may satisfy the requirements of this Section by
obtaining a surety bond that conforms to the requirements of this
subsection (c) and submitting the bond to the Agency. An owner or
operator of a new facility must submit the bond to the Agency at least 60
days before the date on which hazardous waste is first received for
disposal. The bond must be effective before this initial receipt of
hazardous waste. 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.
BOARD NOTE: The U.S. Department of Treasury updates Circular 570,
“Companies Holding Certificates of Authority as Acceptable Sureties on
Federal Bonds and as Acceptable Reinsuring Companies,” on an annual
basis pursuant to 31 CFR 223.16. Circular 570 is available on the Internet
from the following website: http://www.fms.treas.gov/c570/.
2)
The wording of the surety bond must be that specified in Section 724.251.
3)
The owner or operator who uses a surety bond to satisfy the requirements
of this Section must 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 must meet the requirements specified in
subsection (a) of this Section, except as follows:
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A)
An original, signed duplicate of the trust agreement must be
submitted to the Agency with the surety bond; and
B)
Unless the standby trust fund is funded pursuant to the
requirements of this Section, the following are not required:
i)
Payments into the trust fund, as specified in subsection (a)
of this Section;
ii)
Updating of Schedule A of the trust agreement (as specified
in Section 724.251) to show current post-closure cost
estimates;
iii)
Annual valuations, as required by the trust agreement; and
iv)
Notices of nonpayment, as required by the trust agreement.
4)
The bond must guarantee that the owner or operator will do either of the
following:
A)
Perform final post-closure care in accordance with the post-closure
plan and other requirements of the permit for the facility; or
B)
Provide alternative financial assurance, as specified in this Section,
and obtain the Agency’s written approval of the assurance
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.
5)
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. Following a final judicial determination or Board order finding
that the owner or operator has failed to perform post-closure care in
accordance with the approved post-closure plan and other permit
requirements, under the terms of the bond the surety will perform post-
closure care in accordance with post-closure plan and other permit
requirements or will deposit the amount of the penal sum into the standby
trust fund.
6)
The penal sum of the bond must be in an amount at least equal to the
current post-closure cost estimate.
7)
Whenever the current post-closure cost estimate increases to an amount
greater than the penal sum during the operating life of the facility, the
owner or operator, within 60 days after the increase, must either cause the
penal sum to be increased to an amount at least equal to the current post-
325
closure cost estimate and submit evidence of such increase to the Agency,
or obtain other financial assurance, as specified in this Section. Whenever
the current closure cost estimate decreases during the operating life of the
facility, the penal sum may be reduced to the amount of the current post-
closure cost estimate following written approval by the Agency.
8)
During the period of post-closure care, the Agency must approve a
decrease in the penal sum if the owner or operator demonstrates to the
Agency that the amount exceeds the remaining cost of post-closure care.
9)
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.
10)
The owner or operator may cancel the bond if the Agency has given prior
written consent. The Agency must provide such written consent when
either of the following occurs:
A)
An owner or operator substitutes alternative financial assurance as
specified in this Section; or
B)
The Agency releases the owner or operator from the requirements
of this Section in accordance with subsection (i) of this Section.
11)
The surety will not be liable for deficiencies in the performance of post-
closure care by the owner or operator after the Agency releases the owner
or operator from the requirements of this Section in accordance with
subsection (i) of this Section.
d)
Post-closure letter of credit.
1)
An owner or operator may satisfy the requirements of this Section by
obtaining an irrevocable standby letter of credit that conforms to the
requirements of this subsection (d) and submitting the letter to the
Agency. An owner or operator of a new facility must submit the letter of
credit to the Agency at least 60 days before the date on which hazardous
waste is first received for disposal. The letter of credit must be effective
before this initial receipt of hazardous waste. The issuing institution must
be an entity that has the authority to issue letters of credit and whose
letter-of-credit operations are regulated and examined by a federal or State
agency.
2)
The wording of the letter of credit must be that specified in Section
724.251.
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3)
An owner or operator who uses a letter of credit to satisfy the
requirements of this Section must also establish a standby trust fund.
Under the terms of the letter of credit, all amounts paid pursuant to a draft
by the Agency must 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) of this Section, except as follows:
A)
An original, signed duplicate of the trust agreement must be
submitted to the Agency with the letter of credit; and
B)
Unless the standby trust fund is funded pursuant to the
requirements of this Section, the following are not required by
these regulations:
i)
Payments into the trust fund, as specified in subsection (a)
of this Section;
ii)
Updating of Schedule A of the trust agreement (as specified
in Section 724.251) to show current post-closure cost
estimates;
iii)
Annual valuations, as required by the trust agreement; and
iv)
Notices of nonpayment, as required by the trust agreement.
4)
The letter or 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 USEPA identification
number, name and address of the facility, and the amount of funds assured
for post-closure care of the facility by the letter of credit.
5)
The letter of credit must be irrevocable and issued for a period of at least
one year. The letter of credit must provide that the expiration date will be
automatically extended for a period of at least one 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.
6)
The letter of credit must be issued in an amount at least equal to the
current post-closure cost estimate, except as provided in subsection (g) of
this Section.
327
7)
Whenever the current post-closure cost estimate increases to an amount
greater than the amount of the credit during the operating life of the
facility, the owner or operator, within 60 days after the increase, must
either cause the amount of the credit to be increased so that it at least
equals the current post-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 post-closure cost
estimate decreases during the operating life of the facility, the amount of
the credit may be reduced to the amount of the current post-closure cost
estimate following written approval by the Agency.
8)
During the period of post-closure care, the Agency must approve a
decrease in the amount of the letter of credit if the owner or operator
demonstrates to the Agency that the amount exceeds the remaining cost of
post-closure care.
9)
Following a final judicial determination or Board order finding that the
owner or operator has failed to perform post-closure care in accordance
with the approved post-closure plan and other permit requirements, the
Agency may draw on the letter of credit.
10)
If the owner or operator does not establish alternative financial assurance,
as specified in this Section, and obtain written approval of such alternative
assurance from the Agency within 90 days after receipt by both the owner
or operator and the Agency of a notice from the issuing institution that it
has decided not to extend the letter of credit beyond the current expiration
date, the Agency must 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 must
draw on the letter of credit if the owner or operator has failed to provide
alternative financial assurance, as specified in this Section, and obtain
written approval of such assurance from the Agency.
11)
The Agency must return the letter of credit to the issuing institution for
termination when either of the following occurs:
A)
An owner or operator substitutes alternative financial assurance, as
specified in this Section; or
B)
The Agency releases the owner or operator from the requirements
of this Section in accordance with subsection (i) of this Section.
e)
Post-closure insurance.
1)
An owner or operator may satisfy the requirements of this Section by
obtaining post-closure insurance that conforms to the requirements of this
328
subsection (e) and submitting a certificate of such insurance to the
Agency. An owner or operator of a new facility must submit the
certificate of insurance to the Agency at least 60 days before the date on
which hazardous waste is first received for disposal. The insurance must
be effective before this initial receipt of hazardous waste. At a minimum,
the insurer must be licensed to transact the business of insurance or be
eligible to provide insurance as an excess or surplus lines insurer in one or
more states.
2)
The wording of the certificate of insurance must be that specified in
Section 724.251.
3)
The post-closure insurance policy must be issued for a face amount at
least equal to the current post-closure cost estimate, except as provided in
subsection (g) of this Section. 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.
4)
The post-closure insurance policy must guarantee that funds will be
available to provide post-closure care of facility whenever the post-closure
period begins. The policy must also guarantee that, once post-closure care
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.
5)
An owner or operator or any other person authorized to perform post-
closure care may request reimbursement for post-closure care
expenditures by submitting itemized bills to the Agency. Within 60 days
after receiving bills for post-closure activities, the Agency must instruct
the insurer to make reimbursement in such amounts as the Agency
specifies in writing if the Agency determines that the post-closure care
expenditures are in accordance with the approved post-closure plan or
otherwise justified. If the Agency does not instruct the insurer to make
such reimbursements, the Agency must provide the owner or operator with
a detailed written statement of reasons.
6)
The owner or operator must 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 (e)(11) of this Section. Failure to pay
the premium, without substitution of alternative 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 [415 ILCS 5]. Such violation will be
deemed to begin upon receipt by the Agency of a notice of future
cancellation, termination, or failure to renew due to nonpayment of the
329
premium, rather than upon the date of expiration.
7)
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.
8)
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 one of the following
occurs:
A)
The Agency deems the facility abandoned;
B)
The permit is terminated or revoked or a new permit is denied;
C)
Closure is ordered by the Board or a U.S. district court or other
court of competent jurisdiction;
D)
The owner or operator is named as debtor in a voluntary or
involuntary proceeding under 11 USC (Bankruptcy); or
E)
The premium due is paid.
9)
Whenever the current post-closure cost estimate increases to an amount
greater than the face amount of the policy during the life of the facility, the
owner or operator, within 60 days after the increase, must either cause the
face amount to be increased to an amount at least equal to the current post-
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 post-closure cost estimate decreases
during the operating life of the facility, the face amount may be reduced to
the amount of the current post-closure cost estimate following written
approval by the Agency.
10)
Commencing on the date that liability to make payments pursuant to the
policy accrues, the insurer must thereafter annually increase the face
amount of the policy. Such increase must be equivalent to the face
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amount of the policy, less any payments made, multiplied by an amount
equivalent to 85 percent of the most recent investment rate or of the
equivalent coupon-issue yield announced by the U.S. Treasury for 26-
week Treasury securities.
11)
The Agency must give written consent to the owner or operator that the
owner or operator may terminate the insurance policy when either of the
following occurs:
A)
An owner or operator substitutes alternative financial assurance, as
specified in this Section; or
B)
The Agency releases the owner or operator from the requirements
of this Section in accordance with subsection (i) of this Section.
f)
Financial test and corporate guarantee for post-closure care.
1)
An owner or operator may satisfy the requirements of this Section by
demonstrating that it passes a financial test as specified in this subsection
(f). To pass this test the owner or operator must meet the criteria of either
subsection (f)(1)(A) or (f)(1)(B) of this Section:
A)
The owner or operator must have the following:
i)
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;
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;
iii)
Tangible net worth of at least $10 million; and
iv)
Assets in the United States amounting to at least 90 percent
of its 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.
B)
The owner or operator must have the following:
i)
A current rating for its most recent bond issuance of AAA,
AA, A, or BBB as issued by Standard and Poor’s or Aaa,
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Aa, A, or Baa as issued by Moody’s;
ii)
Tangible net worth at least six times the sum of the current
closure and post-closure cost estimates and current
plugging and abandonment cost estimates;
iii)
Tangible net worth of at least $10 million; and
iv)
Assets located in the United States amounting to at least 90
percent of its 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.
2)
The phrase “current closure and post-closure cost estimates,” as used in
subsection (f)(1) of this Section, 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 (see Section 724.251). The phrase
“current plugging and abandonment cost estimates,” as used in subsection
(f)(1) of this Section, 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 (see 35 Ill. Adm. Code 704.240).
3)
To demonstrate that it meets this test, the owner or operator must submit
the following items to the Agency:
A)
A letter signed by the owner’s or operator’s chief financial officer
and worded as specified in Section 724.251;
B)
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
C)
A special report from the owner’s or operator’s independent
certified public accountant to the owner or operator stating the
following:
i)
The accountant has compared the data that 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 that caused the accountant to believe
that the specified data should be adjusted.
332
4)
An owner or operator of a new facility must submit the items specified in
subsection (f)(3) of this Section to the Agency at least 60 days before the
date on which hazardous waste is first received for disposal.
5)
After the initial submission of items specified in subsection (f)(3) of this
Section, the owner or operator must send updated information to the
Agency within 90 days after the close of each succeeding fiscal year. This
information must consist of all three items specified in subsection (f)(3) of
this Section.
6)
If the owner or operator no longer meets the requirements of subsection
(f)(1) of this Section, the owner or operator must send notice to the
Agency of intent to establish alternative 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 must provide the alternative financial assurance within 120 days
after the end of such fiscal year.
7)
Based on a reasonable belief that the owner or operator may no longer
meet the requirements of subsection (f)(1) of this Section, the Agency may
require reports of financial condition at any time from the owner or
operator in addition to those specified in subsection (f)(3) of this Section.
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
(f)(1) of this Section, the owner or operator must provide alternative
financial assurance, as specified in this Section, within 30 days after
notification of such a finding.
8)
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 (f)(3)(B) of this Section). An adverse
opinion or a disclaimer of opinion will be cause for disallowance. The
Agency must evaluate other qualifications on an individual basis. The
owner or operator must provide alternative financial assurance, as
specified in this Section, within 30 days after notification of the
disallowance.
9)
During the period of post-closure care, the Agency must approve a
decrease in the current post-closure cost estimate for which this test
demonstrates financial assurance if the owner or operator demonstrates to
the Agency that the amount of the cost estimate exceeds the remaining
cost of post-closure care.
10)
The owner or operator is no longer required to submit the items specified
333
in subsection (f)(3) of this Section when either of the following occurs:
A)
An owner or operator substitutes alternative financial assurance, as
specified in this Section; or
B)
The Agency releases the owner or operator from the requirements
of this Section in accordance with subsection (i) of this Section.
11)
An owner or operator may meet the requirements of this Section by
obtaining a written guarantee, hereafter referred to as “corporate
guarantee.” The guarantor must 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 operator, or a firm with a
“substantial business relationship” with the owner or operator. The
guarantor must meet the requirements for owners or operators in
subsections (f)(1) through (f)(9), and must comply with the terms of the
corporate guarantee. The wording of the corporate guarantee must be that
specified in Section 724.251. A certified copy of the corporate guarantee
must accompany the items sent to the Agency, as specified in subsection
(f)(3) of this Section. 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 as follows:
A)
That if the owner or operator fails to perform post-closure care of a
facility covered by the corporate guarantee in accordance with the
post-closure plan and other permit requirements whenever required
to do so, the guarantor will do so or establish a trust fund as
specified in subsection (a) of this Section in the name of the owner
or operator.
B)
That 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.
C)
That if the owner or operator fails to provide alternative financial
assurance as specified in this Section and obtain the written
approval of such alternative assurance from the Agency within 90
days after receipt by both the owner or operator and the Agency of
334
a notice of cancellation of the corporate guarantee from the
guarantor, the guarantor will provide such alternative financial
assurance in the name of the owner or operator.
g)
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
guaranteeing payment into a trust fund, letters of credit and insurance. The
mechanisms must be as specified in subsections (a), (b), (d), and (e) of this
Section, respectively, except that it is the combination of mechanisms, rather than
the single mechanism, that must provide financial assurance for an amount at least
equal to the current post-closure cost estimate. If an owner or operator uses a
trust fund in combination with a surety bond or a letter of credit, it may use the
trust fund as the standby trust fund for the other 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 post-closure care of the facility.
h)
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 USEPA identification number, name, address, and the amount of funds for
post-closure care 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 post-closure care 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.
i)
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 a qualified Professional Engineer
that the post-closure care period has been completed for a hazardous waste
disposal unit in accordance with the approved plan, the Agency must notify the
owner or operator that it is no longer required to maintain financial assurance for
post-closure care of that unit, unless the Agency determines that post-closure care
has not been in accordance with the approved post-closure plan. The Agency
must provide the owner or operator with
a detailed written statement of any such
determination that post-closure care has not been in accordance with the approved
post-closure plan.
j)
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
335
702.184(e)(3)):
1)
An increase in or a refusal to decrease the amount of a bond, letter of
credit, or insurance;
2)
Requiring alternative assurance upon a finding that an owner or operator
or parent corporation no longer meets a financial test.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 724.247
Liability Requirements
a)
Coverage for sudden accidental occurrences. An owner or operator of a
hazardous waste treatment, storage, or disposal facility, or a group of such
facilities, must demonstrate financial responsibility for bodily injury and property
damage to third parties caused by sudden accidental occurrences arising from
operations of the facility or group of facilities. The owner or operator must have
and maintain liability coverage for sudden accidental occurrences in the amount
of at least $1 million per occurrence with an annual aggregate of at least $2
million, exclusive of legal defense costs. This liability coverage may be
demonstrated as specified in subsections (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), or
(a)(6) of this Section:
1)
An owner or operator may demonstrate the required liability coverage by
having liability insurance, as specified in this subsection (a).
A)
Each insurance policy must be amended by attachment of the
Hazardous Waste Facility Liability Endorsement or evidenced by a
Certificate of Liability Insurance. The wording of the endorsement
and of the certificate of insurance
must be that specified in Section
724.251. The wording of the certificate of insurance must be that
specified in Section 724.251. The owner or operator must submit a
signed duplicate original of the endorsement or the certificate of
insurance to the Agency. If requested by the Agency, the owner or
operator must provide a signed duplicate original of the insurance
policy. An owner or operator of a new facility must submit the
signed duplicate original of the Hazardous Waste Facility Liability
Endorsement or the Certificate of Liability Insurance to the
Agency at least 60 days before the date on which hazardous waste
is first received for treatment, storage, or disposal. The insurance
must be effective before this initial receipt of hazardous waste.
B)
Each insurance policy must be issued by an insurer that is licensed
by the Illinois Department of Insurance.
2)
An owner or operator may meet the requirements of this Section by
336
passing a financial test or using the guarantee for liability coverage, as
specified in subsections (f) and (g) of this Section.
3)
An owner or operator may meet the requirements of this Section by
obtaining a letter of credit for liability coverage, as specified in subsection
(h) of this Section.
4)
An owner or operator may meet the requirements of this Section by
obtaining a surety bond for liability coverage, as specified in subsection (i)
of this Section.
5)
An owner or operator may meet the requirements of this Section by
obtaining a trust fund for liability coverage, as specified in subsection (j)
of this Section.
6)
An owner or operator may demonstrate the required liability coverage
through the use of combinations of insurance, financial test, guarantee,
letter of credit, surety bond, and trust fund, except that the owner or
operator may not combine a financial test covering part of the liability
coverage requirement with a guarantee unless the financial statement of
the owner or operator is not consolidated with the financial statement of
the guarantor. The amounts of coverage demonstrated must total at least
the minimum amounts required by this Section. If the owner or operator
demonstrates the required coverage through the use of a combination of
financial assurances pursuant to this subsection (a), the owner or operator
must specify at least one such assurance as “primary” coverage and must
specify other such assurance as “excess” coverage.
7)
An owner or operator must notify the Agency within 30 days whenever
any of the following occurs:
A)
A claim results in a reduction in the amount of financial assurance
for liability coverage provided by a financial instrument authorized
in subsections (a)(1) through (a)(6) of this Section;
B)
A Certification of Valid Claim for bodily injury or property
damages caused by sudden or non-sudden accidental occurrence
arising from the operation of a hazardous waste treatment, storage,
or disposal facility is entered between the owner or operator and
third-party claimant for liability coverage pursuant to subsections
(a)(1) through (a)(6) of this Section; or
C)
A final court order establishing a judgement for bodily injury or
property damage caused by a sudden or non-sudden accidental
occurrence arising from the operation of a hazardous waste
treatment, storage, or disposal facility is issued against the owner
337
or operator or an instrument that is providing financial assurance
for liability coverage pursuant to subsections (a)(1) through (a)(6)
of this Section.
b)
Coverage for nonsudden accidental occurrences. An owner or operator of a
surface impoundment, landfill, land treatment facility, or disposal miscellaneous
unit that is used to manage hazardous waste, or a group of such facilities, must
demonstrate financial responsibility for bodily injury and property damage to
third parties caused by nonsudden accidental occurrences arising from operations
of the facility or group of facilities. The owner or operator must have and
maintain liability coverage for nonsudden accidental occurrences in the amount of
at least $3 million per occurrence with an annual aggregate of at least $6 million,
exclusive of legal defense costs. An owner or operator meeting the requirements
of this Section may combine the required per-occurrence coverage levels for
sudden and nonsudden accidental occurrences into a single per-occurrence level,
and combine the required annual aggregate coverage levels for sudden and
nonsudden accidental occurrences into a single annual aggregate level. Owners
or operators who combine coverage levels for sudden and nonsudden accidental
occurrences must maintain liability coverage in the amount of at least $4 million
per occurrence and $8 million annual aggregate. This liability coverage may be
demonstrated as specified in subsections (b)(1), (b)(2), (b)(3), (b)(4), (b)(5), or
(b)(6) of this Section:
1)
An owner or operator may demonstrate the required liability coverage by
having liability insurance, as specified in this subsection (b).
A)
Each insurance policy must be amended by attachment of the
Hazardous Waste Facility Liability Endorsement or evidenced by a
Certificate of Liability Insurance. The wording of the endorsement
must be that specified in Section 724.251. The wording of the
certificate of insurance must be that specified in Section 724.251.
The owner or operator must submit a signed duplicate original of
the endorsement or the certificate of insurance to the Agency. If
requested by the Agency, the owner or operator must provide a
signed duplicate original of the insurance policy. An owner or
operator of a new facility must submit the signed duplicate original
of the Hazardous Waste Facility Liability Endorsement or the
Certificate of Liability Insurance to the Agency at least 60 days
before the date on which hazardous waste is first received for
treatment, storage, or disposal. The insurance must be effective
before this initial receipt of hazardous waste.
B)
Each insurance policy must be issued by an insurer that is licensed
by the Illinois Department of Insurance.
2)
An owner or operator may meet the requirements of this Section by
338
passing a financial test or using the guarantee for liability coverage, as
specified in subsections (f) and (g) of this Section.
3)
An owner or operator may meet the requirements of this Section by
obtaining a letter of credit for liability coverage, as specified in subsection
(h) of this Section.
4)
An owner or operator may meet the requirements of this Section by
obtaining a surety bond for liability coverage, as specified in subsection (i)
of this Section.
5)
An owner or operator may meet the requirements of this Section by
obtaining a trust fund for liability coverage, as specified in subsection (j)
of this Section.
6)
An owner or operator may demonstrate the required liability coverage
through the use of combinations of insurance, financial test, guarantee,
letter of credit, surety bond, and trust fund, except that the owner or
operator may not combine a financial test covering part of the liability
coverage requirement with a guarantee unless the financial statement of
the owner or operator is not consolidated with the financial statement of
the guarantor. The amounts of coverage demonstrated must total at least
the minimum amounts required by this Section. If the owner or operator
demonstrates the required coverage through the use of a combination of
financial assurances pursuant to this subsection (b), the owner or operator
must specify at least one such assurance as “primary” coverage and must
specify other such assurance as “excess” coverage.
7)
An owner or operator must notify the Agency within 30 days whenever
any of the following occurs:
A)
A claim results in a reduction in the amount of financial assurance
for liability coverage provided by a financial instrument authorized
in subsections (b)(1) through (b)(6) of this Section;
B)
A Certification of Valid Claim for bodily injury or property
damages caused by sudden or non-sudden accidental occurrence
arising from the operation of a hazardous waste treatment, storage,
or disposal facility is entered between the owner or operator and
third-party claimant for liability coverage pursuant to subsections
(b)(1) through (b)(6) of this Section; or
C)
A final court order establishing a judgment for bodily injury or
property damage caused by a sudden or non-sudden accidental
occurrence arising from the operation of a hazardous waste
treatment, storage, or disposal facility is issued against the owner
339
or operator or an instrument that is providing financial assurance
for liability coverage pursuant to subsections (b)(1) through (b)(6)
of this Section.
c)
Request for adjusted level of required liability coverage. If an owner or operator
demonstrates to the Agency that the levels of financial responsibility required by
subsection (a) or (b) of this Section are not consistent with the degree and
duration of risk associated with treatment, storage, or disposal at the facility or
group of facilities, the owner or operator may obtain an adjusted level of required
liability coverage from the Agency. The request for an adjusted level of required
liability coverage must be submitted to the Agency as part of the application
pursuant to 35 Ill. Adm. Code 703.182 for a facility that does not have a permit,
or pursuant to the procedures for permit modification pursuant to 35 Ill. Adm.
Code 705.128 for a facility that has a permit. If granted, the modification will
take the form of an adjusted level of required liability coverage, such level to be
based on the Agency assessment of the degree and duration of risk associated
with the ownership or operation of the facility or group of facilities. The Agency
may require an owner or operator who requests an adjusted level of required
liability coverage to provide such technical and engineering information as is
necessary to determine a level of financial responsibility other than that required
by subsection (a) or (b) of this Section. Any request for an adjusted level of
required liability coverage for a permitted facility will be treated as a request for a
permit modification pursuant to 35 Ill. Adm. Code 703.271(e)(3) and 705.128.
d)
Adjustments by the Agency. If the Agency determines that the levels of financial
responsibility required by subsection (a) or (b) of this Section are not consistent
with the degree and duration of risk associated with treatment, storage, or disposal
at the facility or group of facilities, the Agency must adjust the level of financial
responsibility required pursuant to subsection (a) or (b) of this Section as may be
necessary to adequately protect human health and the environment. This adjusted
level must be based on the Agency’s assessment of the degree and duration of risk
associated with the ownership or operation of the facility or group of facilities. In
addition, if the Agency determines that there is a significant risk to human health
and the environment from nonsudden accidental occurrences resulting from the
operations of a facility that is not a surface impoundment, landfill, or land
treatment facility, the Agency may require that an owner or operator of the
facility comply with subsection (b) of this Section. An owner or operator must
furnish to the Agency, within a time specified by the Agency in the request,
which must be not be less than 30 days, any information that the Agency requests
to determine whether cause exists for such adjustments of level or type of
coverage. Any adjustment of the level or type of coverage for a facility that has a
permit will be treated as a permit modification pursuant to 35 Ill. Adm. Code
703.271(e)(3) and 705.128.
e)
Period of coverage. Within 60 days after receiving certifications from the owner
or operator and an independent registered professional engineer
a qualified
340
Professional Engineer
that final closure has been completed in accordance with
the approved closure plan, the Agency must notify the owner or operator in
writing that the owner or operator is no longer required by this Section to
maintain liability coverage for that facility, unless the Agency determines that
closure has not been in accordance with the approved closure plan.
f)
Financial test for liability coverage.
1)
An owner or operator may satisfy the requirements of this Section by
demonstrating that it passes a financial test as specified in this subsection
(f). To pass this test the owner or operator must meet the criteria of
subsection (f)(1)(A) or (f)(1)(B) of this Section:
A)
The owner or operator must have the following:
i)
Net working capital and tangible net worth each at least six
times the amount of liability coverage to be demonstrated
by this test;
ii)
Tangible net worth of at least $10 million; and
iii)
Assets in the United States amounting to either of the
following: at least 90 percent of the total assets; or at least
six times the amount of liability coverage to be
demonstrated by this test.
B)
The owner or operator must have the following:
i)
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;
ii)
Tangible net worth of at least $10 million;
iii)
Tangible net worth at least six times the amount of liability
coverage to be demonstrated by this test; and
iv)
Assets in the United States amounting to either of the
following: at least 90 percent of the total assets; or at least
six times the amount of liability coverage to be
demonstrated by this test.
2)
The phrase “amount of liability coverage,” as used in subsection (f)(1) of
this Section, refers to the annual aggregate amounts for which coverage is
required pursuant to subsections (a) and (b) of this Section.
341
3)
To demonstrate that it meets this test, the owner or operator must submit
the following three items to the Agency:
A)
A letter signed by the owner’s or operator’s chief financial officer
and worded as specified in Section 724.251. If an owner or
operator is using the financial test to demonstrate both assurance
for closure or post-closure care, as specified by Sections
724.243(f) and 724.245(f) and 35 Ill. Adm. Code 725.243(e) and
725.245(e), and liability coverage, it must submit the letter
specified in Section 724.251 to cover both forms of financial
responsibility; a separate letter, as specified in Section 724.251, is
not required.
B)
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.
C)
A special report from the owner’s or operator’s independent
certified public accountant to the owner or operator stating the
following:
i)
The accountant has compared the data that 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 that caused the accountant to believe
that the specified data should be adjusted.
4)
An owner or operator of a new facility must submit the items specified in
subsection (f)(3) of this Section to the Agency at least 60 days before the
date on which hazardous waste is first received for treatment, storage, or
disposal.
5)
After the initial submission of items specified in subsection (f)(3) of this
Section, the owner of operator must send updated information to the
Agency within 90 days after the close of each succeeding fiscal year. This
information must consist of all three items specified in subsection (f)(3) of
this Section.
6)
If the owner or operator no longer meets the requirements of subsection
(f)(1) of this Section, the owner or operator must obtain insurance, a letter
of credit, a surety bond, a trust fund, or a guarantee for the entire amount
of required liability coverage as specified in this Section. Evidence of
342
insurance must be submitted to the Agency 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 test requirements.
7)
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 (f)(3)(B) of this Section). An adverse
opinion or a disclaimer of opinion will be cause for disallowance. The
Agency must evaluate other qualifications on an individual basis. The
owner or operator must provide evidence of insurance for the entire
amount of required liability coverage, as specified in this Section, within
30 days after notification of disallowance.
g)
Guarantee for liability coverage.
1)
Subject to subsection (g)(2) of this Section, an owner or operator may
meet the requirements of this Section by obtaining a written guarantee,
referred to as a “guarantee.” The guarantor must 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 operator, or a
firm with a “substantial business relationship” with the owner or operator.
The guarantor must meet the requirements for owners and operators in
subsections (f)(1) through (f)(6) of this Section. The wording of the
guarantee must be that specified in Section 724.251. A certified copy of
the guarantee must accompany the items sent to the Agency, as specified
in subsection (f)(3) of this Section. 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, this
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 guarantee must provide for the following:
A)
If the owner or operator fails to satisfy a judgment based on a
determination of liability for bodily injury or property damage to
third parties caused by sudden or nonsudden accidental
occurrences (or both as the case may be) arising from the operation
of facilities covered by this guarantee, or if the owner or operator
fails to pay an amount agreed to in settlement of claims arising
from or alleged to arise from such injury or damage, that the
guarantor will do so up to the limits of coverage.
B)
That the guarantee will remain in force unless the guarantor sends
notice of cancellation by certified mail to the owner or operator
343
and to the Agency. The guarantee must not be terminated unless
and until the Agency approves alternative liability coverage
complying with Section 724.247 or 35 Ill. Adm. Code 725.247.
2)
The guarantor must execute the guarantee in Illinois. The guarantee must
be accompanied by a letter signed by the guarantor that states as follows:
A)
The guarantee was signed in Illinois by an authorized agent of the
guarantor;
B)
The guarantee is governed by Illinois law; and
C)
The name and address of the guarantor’s registered agent for
service of process.
3)
The guarantor must have a registered agent pursuant to Section 5.05 of the
Business Corporation Act of 1983 [805 ILCS 5/5.05] or Section 105.05 of
the General Not-for-Profit Corporation Act of 1986 [805 ILCS
105/105.05].
h)
Letter of credit for liability coverage.
1)
An owner or operator may satisfy the requirements of this Section by
obtaining an irrevocable standby letter of credit that conforms to the
requirements of this subsection (h), and submitting a copy of the letter of
credit to the Agency.
2)
The financial institution issuing the letter of credit must be an entity that
has the authority to issue letters of credit and whose letter of credit
operations are regulated and examined by the Illinois Commissioner of
Banks and Trust Companies.
3)
The wording of the letter of credit must be that specified in Section
724.251.
4)
An owner or operator who uses a letter of credit to satisfy the
requirements of this Section may also establish a trust fund. Under the
terms of such a letter of credit, all amounts paid pursuant to a draft by the
trustee of the standby trust in accordance with instructions from the
trustee. The trustee of the standby trust fund must be an entity that has the
authority to act as a trustee and whose trust operations are regulated and
examined by the Illinois Commissioner of Banks and Trust Companies, or
who complies with the Corporate Fiduciary Act [205 ILCS 620].
5)
The wording of the standby trust fund must be identical to that specified in
Section 724.251(n).
344
i)
Surety bond for liability coverage.
1)
An owner or operator may satisfy the requirements of this Section by
obtaining a surety bond that conforms to the requirements of this
subsection (i) and submitting a copy of the bond to the Agency.
2)
The surety company issuing the bond must be licensed by the Illinois
Department of Insurance.
3)
The wording of the surety bond must be that specified in Section 724.251.
j)
Trust fund for liability coverage.
1)
An owner or operator may satisfy the requirements of this Section by
establishing a trust fund that conforms to the requirements of this
subsection (j) and submitting a signed, duplicate original of the trust
agreement to the Agency.
2)
The trustee must be an entity that has the authority to act as a trustee and
whose trust operations are regulated and examined by the Illinois
Commissioner of Banks and Trust Companies, or who complies with the
Corporate Fiduciary Act [205 ILCS 620].
3)
The trust fund for liability coverage must be funded for the full amount of
the liability coverage to be provided by the trust fund before it may be
relied upon to satisfy the requirements of this Section. If at any time after
the trust fund is created the amount of funds in the trust fund is reduced
below the full amount of liability coverage to be provided, the owner or
operator, by the anniversary of the date of establishment of the fund, must
either add sufficient funds to the trust fund to cause its value to equal the
full amount of liability coverage to be provided, or obtain other financial
assurance as specified in this Section to cover the difference. For
purposes of this subsection (j), “the full amount of the liability coverage to
be provided” means the amount of coverage for sudden and non-sudden
accidental occurrences required to be provided by the owner or operator
by this Section, less the amount of financial assurance for liability
coverage that is being provided by other financial assurance mechanisms
being used to demonstrate financial assurance by the owner or operator.
4)
The wording of the trust fund must be that specified in Section 724.251.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
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SUBPART I: USE AND MANAGEMENT OF CONTAINERS
Section 724.274
Inspections
At least weekly, the owner or operator must inspect areas where containers are stored, looking
except for the owner or operator of a Performance Track member facility, which may conduct
inspections at least once each month, after approval by the Agency. To apply for reduced
inspection frequencies, the owner or operator of the Performance Track member facility must
follow the procedures identified in Section 724.115(b)(5). The owner or operator must look for
leaking containers and for deterioration of containers and the containment system caused by
corrosion or other factors.
BOARD NOTE: See Sections 724.115(c) and 724.271 for remedial action required if
deterioration or leaks are detected.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 724.275
Containment
a)
Container storage areas must have a containment system that is designed and
operated in accordance with subsection (b) of this Section, except as otherwise
provided by subsection (c) of this Section;
b)
A containment system must be designed and operated as follows:
1)
A base must underlay
underlie the containers that is free of cracks or gaps
and is sufficiently impervious to contain leaks, spills, and accumulated
precipitation until the collected material is detected and removed.
2)
The base must be sloped or the containment system must be otherwise
designed and operated to drain and remove liquids resulting from leaks,
spills, or precipitation, unless the containers are elevated or are otherwise
protected from contact with accumulated liquids;
3)
The containment system must have sufficient capacity to contain 10
percent of the volume of containers or the volume of the largest container,
whichever is greater. Containers that do not contain free liquids need not
be considered in this determination;
4)
Run-on into the containment system must be prevented, unless the
collection system has sufficient excess capacity in addition to that required
in subsection (b)(3) of this Section to contain any run-on that might enter
the system; and
5)
Spilled or leaked waste and accumulated precipitation must be removed
from the sump or collection area in as timely a manner as is necessary to
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prevent overflow of the collection system.
BOARD NOTE: If the collected material is a hazardous waste, it must be
managed as a hazardous waste in accordance with all applicable
requirements of 35 Ill. Adm. Code 722 through 728. If the collected
material is discharged through a point source to waters of the State, it is
subject to the National Pollution Discharge Elimination System (NPDES)
permit requirement of Section 12(f) of the Environmental Protection Act
[415 ILCS 5/12(f)] and 35 Ill. Adm. Code 309.102.
c)
Storage areas that store containers holding only wastes that do not contain free
liquids need not have a containment system defined by subsection (b) of this
Section, except as provided by subsection (d) of this Section, or provided as
follows:
1)
That the storage area is sloped or is otherwise designed and operated to
drain and remove liquid resulting from precipitation, or
2)
That the containers are elevated or are otherwise protected from contact
with accumulated liquid.
d)
Storage areas that store containers holding the wastes listed below that do not
contain free liquids must have a containment system defined by subsection (b) of
this Section: F020, F021, F022, F023, F026, and F027.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART J: TANK SYSTEMS
Section 724.291
Assessment of Existing Tank System Integrity
a)
For each existing tank system that does not have secondary containment meeting
the requirements of Section 724.293, the owner or operator must determine either
that the tank system is not leaking or that it is unfit for use. Except as provided in
subsection (c) of this Section, the owner or operator must, by January 12, 1988,
obtain and keep on file at the facility a written assessment reviewed and certified
by an independent,
a qualified registered professional engineer Professional
Engineer, in accordance with 35 Ill. Adm. Code 702.126(d), that attests to the
tank system’s integrity.
b)
This assessment must determine whether the tank system is adequately designed
and has sufficient structural strength and compatibility with the wastes to be
stored or treated, to ensure that it will not collapse, rupture, or fail. At a
minimum, this assessment must consider the following:
1)
Design standards, if available, according to which the tank and ancillary
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equipment were constructed;
2)
Hazardous characteristics of the wastes that have been and will be
handled;
3)
Existing corrosion protection measures;
4)
Documented age of the tank system, if available (otherwise an estimate of
the age); and
5)
Results of a leak test, internal inspection, or other tank integrity
examination so that the following is true:
A)
For non-enterable underground tanks, the assessment must include
a leak test that is capable of taking into account the effects of
temperature variations, tank end deflection, vapor pockets, and
high water table effects, and
B)
For other than non-enterable underground tanks and for ancillary
equipment, this assessment must include either a leak test, as
described above, or other integrity examination that is certified by
an independent,
a qualified registered professional engineer
Professional Engineer,
in accordance with 35 Ill. Adm. Code
702.126(d), that address cracks, leaks, corrosion, and erosion.
BOARD NOTE: The practices described in the American Petroleum
Institute (API) Publication, “Guide for Inspection of Refinery
Equipment,” Chapter XIII, “Atmospheric and Low-Pressure Storage
Tanks,” incorporated by reference in 35 Ill. Adm. Code 720.111(a), may
be used, where applicable, as guidelines in conducting other than a leak
test.
c)
Tank systems that store or treat materials that become hazardous wastes
subsequent to July 14, 1986, must conduct this assessment within 12 months after
the date that the waste becomes a hazardous waste.
d)
If, as a result of the assessment conducted in accordance with subsection (a) of
this Section, a tank system is found to be leaking or unfit for use, the owner or
operator must comply with the requirements of Section 724.296.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 724.292
Design and Installation of New Tank Systems or Components
a)
Owners or operators of new tank systems or components must obtain and submit
to the Agency, at time of submittal of Part B information, a written assessment,
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reviewed and certified by an independent,
a qualified registered professional
engineer Professional Engineer, in accordance with 35 Ill. Adm. Code 702.126(d),
attesting that the tank system has sufficient structural integrity and is acceptable
for the storing and treating of hazardous waste. The assessment must show that
the foundation, structural support, seams, connections, and pressure controls (if
applicable) are adequately designed and that the tank system has sufficient
structural strength, compatibility with the wastes to be stored or treated and
corrosion protection to ensure that it will not collapse, rupture, or fail. This
assessment, which will be used by the Agency to review and approve or
disapprove the acceptability of the tank system design, must include, at a
minimum, the following information:
1)
Design standards according to which tanks or the ancillary equipment are
constructed;
2)
Hazardous characteristics of the wastes to be handled;
3)
For new tank systems or components in which the external shell of a metal
tank or any external metal component of the tank system will be in contact
with the soil or with water, a determination by a corrosion expert of the
following:
A)
Factors affecting the potential for corrosion, including but not
limited to the following:
i)
Soil moisture content;
ii)
Soil pH;
iii)
Soil sulfide level;
iv)
Soil resistivity;
v)
Structure to soil potential;
vi)
Influence of nearby underground metal structures (e.g.,
piping);
vii)
Existence of stray electric current;
viii)
Existing corrosion-protection measures (e.g., coating,
cathodic protection, etc.); and
B)
The type and degree of external corrosion protection that are
needed to ensure the integrity of the tank system during the use of
the tank system or component, consisting of one or more of the
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following:
i)
Corrosion-resistant materials of construction, such as
special alloys, fiberglass reinforced plastic, etc.;
ii)
Corrosion-resistant coating, such as epoxy, fiberglass, etc.,
with cathodic protection (e.g., impressed current or
sacrificial anodes); and
iii)
Electrical isolation devices, such as insulating joints,
flanges, etc.
BOARD NOTE: The practices described in the National
Association of Corrosion Engineers (NACE) standard, “Control of
External Corrosion on Metallic Buried, Partially Buried, or
Submerged Liquid Storage Systems,” NACE Recommended
Practice RP0285, and “Cathodic Protection of Underground
Petroleum Storage Tanks and Piping Systems,” API
Recommended Practice 1632, each incorporated by reference in 35
Ill. Adm. Code 720.111(a), may be used, where applicable, as
guidelines in providing corrosion protection for tank systems.
4)
For underground tank system components that are likely to be adversely
affected by vehicular traffic, a determination of design or operational
measures that will protect the tank system against potential damage; and
5)
Design considerations to ensure the following:
A)
That tank foundations will maintain the load of a full tank;
B)
That tank systems will be anchored to prevent flotation or
dislodgment where the tank system is placed in a saturated zone, or
is located within a seismic fault zone subject to the standards of
Section 724.118(a); and
C)
That tank systems will withstand the effects of frost heave.
b)
The owner or operator of a new tank system must ensure that proper handling
procedures are adhered to in order to prevent damage to the system during
installation. Prior to covering, enclosing or placing a new tank system or
component in use, an independent qualified installation inspector or an
independent, a qualified registered professional engineer Professional Engineer,
either of whom is trained and experienced in the proper installation of tank
systems or components, must inspect the system for the presence of any of the
following items:
350
1)
Weld breaks;
2)
Punctures;
3)
Scrapes of protective coatings;
4)
Cracks;
5)
Corrosion;
6)
Other structural damage or inadequate construction or installation. All
discrepancies must be remedied before the tank system is covered,
enclosed, or placed in use.
c)
New tank systems or components that are placed underground and which are
backfilled must be provided with a backfill material that is a noncorrosive,
porous, and homogeneous substance which is installed so that the backfill is
placed completely around the tank and compacted to ensure that the tank and
piping are fully and uniformly supported.
d)
All new tanks and ancillary equipment must be tested for tightness prior to being
covered, enclosed or placed in use. If a tank system is found not to be tight, all
repairs necessary to remedy the leaks in the system must be performed prior to the
tank system being covered, enclosed, or placed into use.
e)
Ancillary equipment must be supported and protected against physical damage
and excessive stress due to settlement, vibration, expansion, or contraction.
BOARD NOTE: The piping system installation procedures described in
“Installation of Underground Petroleum Storage Systems,” API Recommended
Practice 1615, or “Chemical Plant and Petroleum Refinery Piping,” ASME/ANSI
Standard B31.3-1987, as supplemented by B31.3a-1988 and B31.3b-1988, and
“Liquid Petroleum Transportation Piping Systems for Hydrocarbons, Liquid
Petroleum Gas, Anhydrous Ammonia, and Alcohols,” ASME/ANSI Standard
B31.4-1986, as supplemented by B31.4a-1987, each incorporated by reference in
35 Ill. Adm. Code 720.111(a), may be used where applicable, as guidelines for
proper installation of piping systems.
f)
The owner or operator must provide the type and degree of corrosion protection
recommended by an independent corrosion expert, based on the information
provided under subsection (a)(3) of this Section, or other corrosion protection if
the Agency determines that other corrosion protection is necessary to ensure the
integrity of the tank system during use of the tank system. The installation of a
corrosion protection system that is field fabricated must be supervised by an
independent corrosion expert to ensure proper installation.
351
g)
The owner or operator must obtain and keep on file at the facility written
statements by those persons required to certify the design of the tank system and
supervise the installation of the tank system in accordance with the requirements
of subsections (b) through (f) of this Section, that attest that the tank system was
properly designed and installed and that repairs, pursuant to subsections (b) and
(d) of this Section, were performed. These written statements must also include
the certification statement, as required in 35 Ill. Adm. Code 702.126(d).
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 724.293
Containment and Detection of Releases
a)
In order to prevent the release of hazardous waste or hazardous constituents to the
environment, secondary containment that meets the requirements of this Section
must be provided (except as provided in subsections (f) and (g) of this Section).
1)
For a new or existing
tank system or component, prior to their being put
into service;
.
2)
For all existing tank systems used to store or treat Hazardous Waste
Numbers F020, F021, F022, F023, F026, or F027, as defined in 35 Ill.
Adm. Code 721.131, within two years after January 12, 1987;
3)
For those existing tank systems of known and documented age, within two
years after January 12, 1987, or when the tank system has reached 15
years of age, whichever comes later;
4)
For those existing tank systems for which the age cannot be documented,
within eight years of January 12, 1987; but if the age of the facility is
greater than seven years, secondary containment must be provided by the
time the facility reaches 15 years of age, or within two years of January
12, 1987, whichever comes later; and
52)
For a tank systems system that store stores or treat treats materials that
become hazardous wastes subsequent to January 12, 1987,
within the time
intervals required in subsections (a)(1) through (a)(4) of this Section,
except that the date that a material becomes a two years after the
hazardous waste must be used in place of January 12, 1987 listing, or
when the tank system has reached 15 years of age, whichever comes later.
b)
Secondary containment systems must fulfill the following:
1)
It must be designed, installed, and operated to prevent any migration of
wastes or accumulated liquid out of the system to the soil, groundwater, or
surface water at any time during the use of the tank system; and
352
2)
It must be capable of detecting and collecting releases and accumulated
liquids until the collected material is removed.
c)
To meet the requirements of subsection (b) of this Section, secondary
containment systems must, at a minimum, fulfill the following:
1)
It must be constructed of or lined with materials that are compatible with
the wastes to be placed in the tank system and must have sufficient
strength and thickness to prevent failure owing to pressure gradients
(including static head and external hydrological forces), physical contact
with the waste to which it is exposed, climatic conditions, and the stress of
daily operation (including stresses from nearby vehicular traffic);
2)
It must be placed on a foundation or base capable of providing support to
the secondary containment system, resistance to pressure gradients above
and below the system, and capable of preventing failure due to settlement,
compression or uplift;
3)
It must be provided with a leak-detection system that is designed and
operated so that it will detect the failure of either the primary or secondary
containment structure or the presence of any release of hazardous waste or
accumulated liquid in the secondary containment system within 24 hours,
or at the earliest practicable time if the owner or operator demonstrates, by
way of permit application, to the Agency that existing detection
technologies or site conditions will not allow detection of a release within
24 hours; and
4)
It must be sloped or otherwise designed or operated to drain and remove
liquids resulting from leaks, spills, or precipitation. Spilled or leaked
waste and accumulated precipitation must be removed from the secondary
containment system within 24 hours, or in as timely a manner as is
possible to prevent harm to human health and the environment, if the
owner or operator demonstrates to the Agency, by way of permit
application, that removal of the released waste or accumulated
precipitation cannot be accomplished within 24 hours.
BOARD NOTE: If the collected material is a hazardous waste under 35
Ill. Adm. Code 721, it is subject to management as a hazardous waste in
accordance with all applicable requirements of 35 Ill. Adm. Code 722
through 728. If the collected material is discharged through a point source
to waters of the State, it is subject to the NPDES permit requirement of
Section 12(f) of the Environmental Protection Act and 35 Ill. Adm. Code
309. If discharged to a Publicly Owned Treatment Work (POTW), it is
subject to the requirements of 35 Ill. Adm. Code 307 and 310. If the
collected material is released to the environment, it may be subject to the
reporting requirements of 35 Ill. Adm. Code 750.410 and federal 40 CFR
353
302.6.
d)
Secondary containment for tanks must include one or more of the following
devices:
1)
A liner (external to the tank);
2)
A vault;
3)
A double-walled tank; or
4)
An equivalent device, as approved by the Board in an adjusted standards
proceeding.
e)
In addition to the requirements of subsections (b), (c), and (d) of this Section,
secondary containment systems must satisfy the following requirements:
1)
An external liner system must fulfill the following:
A)
It must be designed or operated to contain 100 percent of the
capacity of the largest tank within its boundary.
B)
It must be designed or operated to prevent run-on or infiltration of
precipitation into the secondary containment system, unless the
collection system has sufficient excess capacity to contain run-on
or infiltration. Such additional capacity must be sufficient to
contain precipitation from a 25-year, 24-hour rainfall event.
C)
It must be free of cracks or gaps.
D)
It must be designed and installed to surround the tank completely
and to cover all surrounding earth likely to come into contact with
the waste if the waste is released from the tanks (i.e., it is capable
of preventing lateral as well as vertical migration of the waste).
2)
A vault system must fulfill the following:
A)
It must be designed or operated to contain 100 percent of the
capacity of the largest tank within the vault system’s boundary;
B)
It must be designed or operated to prevent run-on or infiltration of
precipitation into the secondary containment system unless the
collection system has sufficient excess capacity to contain run-on
or infiltration. Such additional capacity must be sufficient to
contain precipitation from a 25-year, 24-hour rainfall event;
354
C)
It must be constructed with chemical-resistant water stops in place
at all joints (if any);
D)
It must be provided with an impermeable interior coating or lining
that is compatible with the stored waste and that will prevent
migration of waste into the concrete;
E)
It must be provided with a means to protect against the formation
of and ignition of vapors within the vault, if the waste being stored
or treated fulfills the following:
i)
It meets the definition of ignitable waste under 35 Ill. Adm.
Code 721.121; or
ii)
It meets the definition of reactive waste under 35 Ill. Adm.
Code 721.123, and may form an ignitable or explosive
vapor; and
F)
It must be provided with an exterior moisture barrier or be
otherwise designed or operated to prevent migration of moisture
into the vault if the vault is subject to hydraulic pressure.
3)
A double-walled tank must fulfill the following:
A)
It must be designed as an integral structure (i.e., an inner tank
completely enveloped within an outer shell) so that any release
from the inner tank is contained by the outer shell;
B)
It must be protected, if constructed of metal, from both corrosion
of the primary tank interior and of the external surface of the outer
shell; and
C)
It must be provided with a built-in continuous leak detection
system capable of detecting a release within 24 hours, or at the
earliest practicable time, if the owner or operator demonstrates, by
way of permit application, to the Agency that the existing
detection technology or site conditions would not allow detection
of a release within 24 hours.
BOARD NOTE: The provisions outlined in the Steel Tank
Institute document (STI) “Standard for Dual Wall Underground
Steel Storage Tanks,” incorporated by reference in 35 Ill. Adm.
Code 720.111(a), may be used as a guideline for aspects of the
design of underground steel double-walled tanks.
f)
Ancillary equipment must be provided with secondary containment (e.g., trench,
355
jacketing, double-walled piping, etc.) that meets the requirements of subsections
(b) and (c) of this Section, except as follows:
1)
Aboveground piping (exclusive of flanges, joints, valves, and other
connections) that are visually inspected for leaks on a daily basis;
2)
Welded flanges, welded joints, and welded connections that are visually
inspected for leaks on a daily basis;
3)
Sealless or magnetic coupling pumps and sealless valves that are visually
inspected for leaks on a daily basis; and
4)
Pressurized aboveground piping systems with automatic shut-off devices
(e.g., excess flow check valves, flow metering shutdown devices, loss of
pressure actuated shut-off devices, etc.) that are visually inspected for
leaks on a daily basis.
g)
Pursuant to Section 28.1 of the Environmental Protection Act [415 ILCS 5/28.1],
and in accordance with 35 Ill. Adm. Code 101 and 104, an adjusted standard will
be granted by the Board regarding alternative design and operating practices only
if the Board finds either that the alternative design and operating practices,
together with location characteristics, will prevent the migration of any hazardous
waste or hazardous constituents into the groundwater or surface water at least as
effectively as secondary containment during the active life of the tank system, or
that in the event of a release that does migrate to groundwater or surface water, no
substantial present or potential hazard will be posed to human health or the
environment. New underground tank systems may not receive an adjusted
standard from the secondary containment requirements of this Section through a
justification in accordance with subsection (g)(2) of this Section.
1)
When determining whether to grant alternative design and operating
practices based on a demonstration of equivalent protection of
groundwater and surface water, the Board will consider whether the
petitioner has justified an adjusted standard based on the following
factors:
A)
The nature and quantity of the wastes;
B)
The proposed alternative design and operation;
C)
The hydrogeologic setting of the facility, including the thickness of
soils present between the tank system and groundwater; and
D)
All other factors that would influence the quality and mobility of
the hazardous constituents and the potential for them to migrate to
groundwater or surface water.
356
2)
When determining whether to grant alternative design and operating
practices based on a demonstration of no substantial present or potential
hazard, the Board will consider whether the petitioner has justified an
adjusted standard based on the following factors:
A)
The potential adverse effects on groundwater, surface water and
land quality taking into account, considering the following:
i)
The physical and chemical characteristics of the waste in
the tank system, including its potential for migration;
ii)
The hydrogeological characteristics of the facility and
surrounding land;
iii)
The potential for health risk caused by human exposure to
waste constituents;
iv)
The potential for damage to wildlife, crops, vegetation, and
physical structures caused by exposure to waste
constituents; and
v)
The persistence and permanence of the potential adverse
effects.
B)
The potential adverse effects of a release on groundwater quality,
taking into account;
i)
The quantity and quality of groundwater and the direction
of groundwater flow;
ii)
The proximity and withdrawal rates of groundwater users;
iii)
The current and future uses of groundwater in the area; and
iv)
The existing quality of groundwater, including other
sources of contamination and their cumulative impact on
the groundwater quality.
C)
The potential adverse effects of a release on surface water quality,
taking the following into account:
i)
The quantity and quality of groundwater and the direction
of groundwater flow;
ii)
The patterns of rainfall in the region;
357
iii)
The proximity of the tank system to surface waters;
iv)
The current and future uses of surface waters in the area
and water quality standards established for those surface
waters; and
v)
The existing quality of surface water, including other
sources of contamination and the cumulative impact on
surface water quality.
D)
The potential adverse effect of a release on the land surrounding
the tank system, taking the following into account:
i)
The patterns of rainfall in the region; and
ii)
The current and future uses of the surrounding land.
3)
The owner or operator of a tank system, for which alternative design and
operating practices had been granted in accordance with the requirements
of subsection (g)(1) of this Section, at which a release of hazardous waste
has occurred from the primary tank system but which has not migrated
beyond the zone of engineering control (as established in the alternative
design and operating practices), must do the following:
A)
It must comply with the requirements of Section 724.296, except
Section 724.296(d); and
B)
It must decontaminate or remove contaminated soil to the extent
necessary to do the following:
i)
Enable the tank system for which the alternative design and
operating practices were granted to resume operation with
the capability for the detection of releases at least
equivalent to the capability it had prior to the release; and
ii)
Prevent the migration of hazardous waste or hazardous
constituents to groundwater or surface water; and
C)
If contaminated soil cannot be removed or decontaminated in
accordance with subsection (g)(3)(B) of this Section, the owner or
operator must comply with the requirement of Section 724.297(b).
4)
The owner or operator of a tank system, for which alternative design and
operating practices had been granted in accordance with the requirements
of subsection (g)(1) of this Section, at which a release of hazardous waste
358
has occurred from the primary tank system and which has migrated
beyond the zone of engineering control (as established in the alternative
design and operating practices), must do the following:
A)
Comply with the requirements of Section 724.296(a), (b), (c), and
(d); and
B)
Prevent the migration of hazardous waste or hazardous
constituents to groundwater or surface water, if possible, and
decontaminate or remove contaminated soil. If contaminated soil
cannot be decontaminated or removed, or if groundwater has been
contaminated, the owner or operator must comply with the
requirements of Section 724.297(b); and
C)
If repairing, replacing or reinstalling the tank system, provide
secondary containment in accordance with the requirements of
subsections (a) through (f) of this Section, or make the alternative
design and operating practices demonstration to the Board again,
and meet the requirements for new tank systems in Section
724.292 if the tank system is replaced. The owner or operator
must comply with these requirements even if contaminated soil is
decontaminated or removed and groundwater or surface water has
not been contaminated.
h)
In order to make an alternative design and operating practices, the owner or
operator must follow the following procedures in addition to those specified in
Section 28.1 of the Act [415 ILCS 5/28.1] and 35 Ill. Adm. Code 101 and 104:
1)
The owner or operator must file a petition for approval of alternative
design and operating practices according to the following schedule:
A)
For existing tank systems, at least 24 months prior to the date that
secondary containment must be provided in accordance with
subsection (a) of this Section.
B)
For new tank systems, at least 30 days prior to entering into a
contract for installation.
2)
As part of the petition, the owner or operator must also submit the
following to the Board:
A)
A description of the steps necessary to conduct the demonstration
and a timetable for completing each of the steps. The
demonstration must address each of the factors listed in subsection
(g)(1) or (g)(2) of this Section; and
359
B)
The portion of the Part B permit application specified in 35 Ill.
Adm. Code 703.202.
3)
The owner or operator must complete its showing within 180 days after
filing its petition for approval of alternative design and operating
practices.
4)
The Agency must issue or modify the RCRA permit so as to require the
permittee to construct and operate the tank system in the manner that was
provided in any Board order approving alternative design and operating
practices.
i)
All tank systems, until such time as secondary containment that meets the
requirements of this Section is provided, must comply with the following:
1)
For non-enterable underground tanks, a leak test that meets the
requirements of Section 724.291(b)(5) or other tank integrity methods, as
approved or required by the Agency, must be conducted at least annually.
2)
For other than non-enterable underground tanks, the owner or operator
must do either of the following:
A)
Conduct a leak test, as in subsection (i)(1) of this Section,
; or
B)
Develop a schedule and procedure for an assessment of the overall
condition of the tank system by an independent, qualified
registered professional engineer a qualified Professional Engineer.
The schedule and procedure must be adequate to detect obvious
cracks, leaks, and corrosion or erosion that may lead to cracks and
leaks. The owner or operator must remove the stored waste from
the tank, if necessary, to allow the condition of all internal tank
surfaces to be assessed. The frequency of these assessments must
be based on the material of construction of the tank and its
ancillary equipment, the age of the system, the type of corrosion or
erosion protection used, the rate of corrosion or erosion observed
during the previous inspection and the characteristics of the waste
being stored or treated.
3)
For ancillary equipment, a leak test or other integrity assessment, as
approved by the Agency, must be conducted at least annually.
BOARD NOTE: The practices described in the API Publication, “Guide
for Inspection of Refinery Equipment,” Chapter XIII, “Atmospheric and
Low-Pressure Storage Tanks,” incorporated by reference in 35 Ill. Adm.
Code 720.111(a), may be used, where applicable, as a guideline for
assessing the overall condition of the tank system.
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4)
The owner or operator must maintain on file at the facility a record of the
results of the assessments conducted in accordance with subsections (i)(1)
through (i)(3) of this Section.
5)
If a tank system or component is found to be leaking or unfit for use as a
result of the leak test or assessment in subsections (i)(1) through (1)(3) of
this Section, the owner or operator must comply with the requirements of
Section 724.296.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 724.295
Inspections
a)
The owner or operator must develop and follow a schedule and procedure for
inspecting overfill controls.
b)
The owner or operator must inspect the following
at least once each operating
day:
data gathered from monitoring and leak detection equipment (e.g., pressure
or temperature gauges, monitoring wells, etc.) to ensure that the tank system is
being operated according to its design.
1)
Aboveground portions of the tank system, if any, to detect corrosion or
releases of waste;
2)
Data gathered from monitoring and leak detection equipment (e.g.,
pressure or temperature gauges, monitoring wells, etc.) to ensure that the
tank system is being operated according to its design; and
3)
The construction materials and the area immediately surrounding the
externally accessible portion of the tank system, including the secondary
containment system (e.g., dikes) to detect erosion or signs of releases of
hazardous waste (e.g., wet spots, dead vegetation, etc.).
BOARD NOTE: Section 724.115(c) requires the owner or operator to remedy
any deterioration or malfunction the owner or operator finds. Section 724.296
requires the owner or operator to notify the Agency within 24 hours of confirming
a leak. Also federal 40 CFR 302.6 may require the owner or operator to notify
the National Response Center of a release.
c)
In addition, except as noted under subsection (d) of this Section, the owner or
operator must inspect the following at least once each operating day:
1)
Above ground portions of the tank system, if any, to detect corrosion or
releases of waste; and
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2)
The construction materials and the area immediately surrounding the
externally accessible portion of the tank system, including the secondary
containment system (e.g., dikes) to detect erosion or signs of releases of
hazardous waste (e.g., wet spots, dead vegetation).
d)
Owners or operators of tank systems that either use leak detection systems to alert
facility personnel to leaks, or implement established workplace practices to
ensure leaks are promptly identified, must inspect at least weekly those areas
described in subsections (c)(1) and (c)(2) of this Section. Use of the alternate
inspection schedule must be documented in the facility’s operating record. This
documentation must include a description of the established workplace practices
at the facility.
e)
Performance Track member facilities may inspect on a less frequent basis, upon
approval by the Director, but must inspect at least once each month. To apply for
a less than weekly inspection frequency, the Performance Track member facility
must follow the procedures described in Section 724.115(b)(5).
f)
Ancillary equipment that is not provided with secondary containment, as
described in Section 724.293(f)(1) through (f)(4), must be inspected at least once
each operating day.
cg)
The owner or operator must inspect cathodic protection systems, if present,
according to, at a minimum, the following schedule to ensure that they are
functioning properly:
1)
The proper operation of the cathodic protection system must be confirmed
within six months after initial installation and annually thereafter; and
2)
All sources of impressed current must be inspected or tested, as
appropriate, at least bimonthly (i.e., every other month).
BOARD NOTE: The practices described in “Control of External Corrosion on
Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems,” NACE
Recommended Practice RP0285-85 and “Cathodic Protection of Underground
Petroleum Storage Tanks and Piping Systems,” API Recommended Practice
1632, each incorporated by reference in 35 Ill. Adm. Code 720.111(a), may be
used, where applicable, as guidelines in maintaining and inspecting cathodic
protection systems.
dh)
The owner or operator must document in the operating record of the facility an
inspection of those items in subsections (a) through (c) of this Section.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
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Section 724.296
Response to Leaks or Spills and Disposition of Leaking or Unfit-for-Use
Tank Systems
A tank system or secondary containment system from which there has been a leak or spill, or
which is unfit for use, must be removed from service immediately, and the owner or operator
must satisfy the following requirements:
a)
Cease using; prevent flow or addition of wastes. The owner or operator must
immediately stop the flow of hazardous waste into the tank system or secondary
containment system and inspect the system to determine the cause of the release.
b)
Removal of waste from tank system or secondary containment system.
1)
If the release was from the tank system, the owner or operator must,
within 24 hours after detection of the leak or as otherwise provided in the
permit, remove as much of the waste as is necessary to prevent further
release of hazardous waste to the environment and to allow inspection and
repair of the tank system to be performed.
2)
If the material released was to a secondary containment system, all
released materials must be removed within 24 hours or as otherwise
provided in the permit to prevent harm to human health and the
environment.
c)
Containment of visible releases to the environment. The owner or operator must
immediately conduct a visual inspection of the release and, based upon that
inspection, do the following:
1)
Prevent further migration of the leak or spill to soils or surface water; and
2)
Remove and properly dispose of any visible contamination of the soil or
surface water.
d)
Notifications, reports.
1)
Any release to the environment, except as provided in subsection (d)(2) of
this Section, must be reported to the Agency within 24 hours of its
detection.
2)
A leak or spill of hazardous waste is exempted from the requirements of
this subsection (d) if the following is true:
A)
The spill was less than or equal to a quantity of one pound; and
B)
It was immediately contained and cleaned up.
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3)
Within 30 days of detection of a release to the environment, a report
containing the following information must be submitted to the Agency:
A)
Likely route of migration of the release;
B)
Characteristics of the surrounding soil (soil composition, geology,
hydrogeology, climate, etc.);
C)
Results of any monitoring or sampling conducted in connection
with the release (if available). If sampling or monitoring data
relating to the release are not available within 30 days, these data
must be submitted to the Agency as soon as they become available.
D)
Proximity the downgradient drinking water, surface water, and
populated areas; and
E)
Description of response actions taken or planned.
e)
Provision of secondary containment, repair, or closure.
1)
Unless the owner or operator satisfies the requirements of subsections
(e)(2) through (e)(4) of this Section, the tank system must be closed in
accordance with Section 724.297.
2)
If the cause of the release was a spill that has not damaged the integrity of
the system, the owner or operator may return the system to service as soon
as the released waste is removed and repairs, if necessary, are made.
3)
If the cause of the release was a leak from the primary tank system into the
secondary containment system, the system must be repaired prior to
returning the tank system to service.
4)
If the source of the release was a leak to the environment from a
component of a tank system without secondary containment, the owner or
operator must provide the component of the system from which the leak
occurred with secondary containment that satisfies the requirements of
Section 724.293 before it can be returned to service, unless the source of
the leak is an aboveground portion of a tank system that can be inspected
visually. If the source is an aboveground component that can be inspected
visually, the component must be repaired and may be returned to service
without secondary containment, as long as the requirements of subsection
(f) of this Section are satisfied. If a component is replaced to comply with
the requirements of this subsection (e), that component must satisfy the
requirements of new tank systems or components in Sections 724.292 and
724.293. Additionally, if a leak has occurred in any portion of a tank
system component that is not readily accessible for visual inspection (e.g.,
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the bottom of an in-ground or on-ground tank), the entire component must
be provided with secondary containment in accordance with Section
724.293 prior to being returned to use.
f)
Certification of major repairs. If the owner or operator has repaired a tank system
in accordance with subsection (e) of this Section, and the repair has been
extensive (e.g., installation of an internal liner, repair, or a ruptured primary
containment or secondary containment vessel), the tank system must not be
returned to service unless the owner or operator has obtained a certification by an
independent, a qualified registered professional engineer Professional Engineer,
in accordance with 35 Ill. Adm. Code 702.126(d), that the repaired system is
capable of handling hazardous wastes without release for the intended life of the
system. This certification must be submitted to the Agency within seven days
after returning the tank system to use placed in the operating record and
maintained until closure of the facility.
BOARD NOTE: See Section 724.115(c) for the requirements necessary to remedy a failure.
Also, federal 40 CFR 302.6 may require the owner or operator to notify the National Response
Center of any “reportable quantity.”
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART K: SURFACE IMPOUNDMENTS
Section 724.321
Design and Operating Requirements
a)
Any surface impoundment that is not covered by subsection (c) of this Section or
35 Ill. Adm. Code 725.321 must have a liner for all portions of the impoundment
(except for existing portions of such impoundment). The liner must be designed,
constructed, and installed to prevent any migration of wastes out of the
impoundment to the adjacent subsurface soil or groundwater or surface water at
any time during the active life (including the closure period) of the impoundment.
The liner may be constructed of materials that may allow wastes to migrate into
the liner (but not into the adjacent subsurface soil or groundwater or surface
water) during the active life of the facility, provided that the impoundment is
closed in accordance with Section 724.328(a)(1). For impoundments that will be
closed in accordance with Section 724.328(a)(2), the liner must be constructed of
materials that can prevent wastes from migrating into the liner during the active
life of the facility. The liner must be as follows:
1)
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;
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2)
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
3)
Installed to cover all surrounding earth likely to be in contact with the
waste or leachate.
b)
The owner or operator will be exempted from the requirements of subsection (a)
of this Section if the Board grants an adjusted standard pursuant to Section 28.1
of the Act [415 ILCS 5/28.1] and 35 Ill. Adm. Code 101 and 104. The level of
justification is a demonstration by the owner or operator that alternative design or
operating practices, together with location 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 following:
1)
The nature and quantity of the wastes;
2)
The proposed alternative design and operation;
3)
The hydrogeologic setting of the facility, including the attenuative
capacity and thickness of the liners and soils present between the
impoundment and groundwater or surface water; and
4)
All other factors that would influence the quality and mobility of the
leachate produced and the potential for it to migrate to groundwater or
surface water.
c)
The owner or operator of each new surface impoundment unit on which
construction commences after January 29, 1992, each lateral expansion of a
surface impoundment unit on which construction commences after July 29, 1992,
and each replacement of an existing surface impoundment unit that is to
commence reuse after July 29, 1992, must install two or more liners and a
leachate collection and removal system between such liners. “Construction
commences” is as defined in 35 Ill. Adm. Code 720.110, under the definition of
“existing facility.”
1)
Liner requirements.
A)
The liner system must include the following:
i)
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
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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
three feet (91 cm) of compacted soil material with a
hydraulic conductivity of no more than 1 x 10
-7
cm/sec.
B)
The liners must comply with subsections (a)(1), (a)(2), and (a)(3)
of this Section.
2)
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 (c) are satisfied by installation of a system that is, at a
minimum, as follows:
A)
It is constructed with a bottom slope of one percent or more;
B)
It is constructed of granular drainage materials with a hydraulic
conductivity of 1 x 10
-1
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 3 x 10
-4
m
2
/sec or more;
C)
It is constructed of materials that are chemically resistant to the
waste managed in the surface impoundment and the leachate
expected to be generated, and of sufficient strength and thickness
to prevent collapse under the pressures exerted by overlying
wastes and any waste cover materials or equipment used at the
surface impoundment;
D)
It is designed and operated to minimize clogging during the active
life and post-closure care period; and
E)
It is 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.
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Each unit must have its own sumps. 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.
3)
The owner or operator must collect and remove pumpable liquids in the
sumps to minimize the head on the bottom liner.
4)
The owner or operator of a LDS that is not located completely above the
seasonal high water table must demonstrate that the operation of the LDS
will not be adversely affected by the presence of groundwater.
d)
Subsection (c) of this Section will not apply if the owner or operator demonstrates
to the Agency, and the Agency finds for such surface impoundment, that
alternative design or operating practices, together with location characteristics,
will do the following:
1)
It will prevent the migration of any hazardous constituent into the
groundwater or surface water at least as effectively as the liners and
leachate collection and removal system specified in subsection (c) of this
Section; and
2)
It will allow detection of leaks of hazardous constituents through the top
liner at least as effectively.
e)
The double liner requirement set forth in subsection (c) of this Section may be
waived by the Agency for any monofill, if the following is true of the unit:
1)
The monofill contains only hazardous wastes from foundry furnace
emission controls or metal casting molding sand, and such wastes do not
contain constituents that would render the wastes hazardous for reasons
other than the toxicity characteristic in 35 Ill. Adm. Code 721.124; and
2)
Design and location.
A)
Liner, location, and groundwater monitoring.
i)
The monofill has at least one liner for which there is no
evidence that such liner is leaking. For the purposes of this
subsection (e), the term “liner” means a liner designed,
constructed, installed, and operated to prevent hazardous
waste from passing into the liner at any time during the
active life of the facility, or a liner designed, constructed,
installed, and operated to prevent hazardous waste from
migrating beyond the liner to adjacent subsurface soil,
groundwater, or surface water at any time during the active
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life of the facility. In the case of any surface impoundment
that has been exempted from the requirements of
subsection (c) of this Section on the basis of a liner
designed, constructed, installed, and operated to prevent
hazardous waste from passing beyond the liner, at the
closure of such impoundment, the owner or operator must
remove or decontaminate all waste residues, all
contaminated liner material, and contaminated soil to the
extent practicable. If all contaminated soil is not removed
or decontaminated, the owner or operator of such
impoundment will comply with appropriate post-closure
requirements, including but not limited to groundwater
monitoring and corrective action;
ii)
The monofill is located more than one-quarter mile from an
“underground
source of drinking water” (as that term is
defined in 35 Ill. Adm. Code 702.110); and
iii)
The monofill is in compliance with generally applicable
groundwater monitoring requirements for facilities with
permits; or
B)
The owner or operator demonstrates to the Board that the monofill
is located, designed, and operated so as to assure that there will be
no migration of any hazardous constituent into groundwater or
surface water at any future time.
f)
The owner or operator of any replacement surface impoundment unit is exempt
from subsection (c) of this Section if the following is true of the unit:
1)
The existing unit was constructed in compliance with the design standards
of 35 Ill. Adm. Code 724.321(c), (d), and (e); and
BOARD NOTE: The cited subsections implemented the design standards
of sections 3004 (o)(1)(A)(i) and (o)(5) of the Resource Conservation and
Recovery Act (42 USC 6901 et seq.).
2)
There is no reason to believe that the liner is not functioning as designed.
g)
A surface impoundment must be designed, constructed, maintained, and operated
to prevent overtopping resulting from normal or abnormal operations; overfilling;
wind and wave action; rainfall; run-on; malfunctions of level controllers, alarms,
and other equipment; and human error.
h)
A surface impoundment must have dikes that are designed, constructed, and
maintained with sufficient structural integrity to prevent massive failure of the
369
dikes. In ensuring structural integrity, it must not be presumed that the liner
system will function without leakage during the active life of the unit.
i)
The Agency must 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 32 Ill. Reg. ________, effective ______________________)
Section 724.323
Response Actions
a)
The owner or operator of surface impoundment units subject to Section
724.321(c) or (d) must have an approved response action plan before receipt of
waste. The response action plan must set forth the actions to be taken if the
action leakage rate has been exceeded. At a minimum, the response action plan
must describe the actions specified in subsection (b) of this Section.
b)
If the flow rate into the LDS exceeds the action leakage rate for any sump, the
owner or operator must do the following:
1)
Notify the Agency in writing of the exceedence
exceedance within seven
days after the determination;
2)
Submit a preliminary written assessment to the Agency within 14 days
after the determination, as to the amount of liquids, likely sources of
liquids, possible location, size and cause of any leaks, and short-term
actions taken and planned;
3)
Determine to the extent practicable the location, size, and cause of any
leak;
4)
Determine whether waste receipt should cease or be curtailed, whether
any waste should be removed from the unit for inspection, repairs or
controls, and whether or not the unit should be closed;
5)
Determine any other short-term and longer-term actions to be taken to
mitigate or stop any leaks; and
6)
Within 30 days after the notification that the action leakage rate has been
exceeded, submit to the Agency the results of the determinations specified
in subsections (b)(3), (b)(4), and (b)(5) of this Section, the results of
actions taken, and actions planned. Monthly thereafter, as long as the
flow rate in the LDS exceeds the action leakage rate, the owner or
operator must submit to the Agency a report summarizing the results of
any remedial actions taken and actions planned.
c)
To make the leak or remediation determinations in subsections (b)(3), (b)(4), and
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(b)(5) of this Section, the owner or operator must do either of the following:
1)
Perform the following assessments:
A)
Assess the source of liquids and amounts of liquids by source;
B)
Conduct a fingerprint, hazardous constituent, or other analyses of
the liquids in the LDS to identify the source of liquids and possible
location of any leaks, and the hazard and mobility of the liquid;
and
C)
Assess the seriousness of any leaks in terms of potential for
escaping into the environment; or
2)
Document why such assessments are not needed.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART L: WASTE PILES
Section 724.351
Design and Operating Requirements
a)
A waste pile (except for an existing portion of a waste pile) must have the
following:
1)
A liner that is designed, constructed, and installed to prevent any
migration 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 as follows:
A)
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;
B)
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
C)
Installed to cover all surrounding earth likely to be in contact with
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the waste or leachate; and
2)
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 must 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 as follows:
A)
Constructed of materials that are as follows:
i)
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
B)
Designed and operated to function without clogging through the
scheduled closure of the waste pile.
b)
The owner or operator will be exempted from the requirements of subsection (a)
of this Section if the Board grants an adjusted standard pursuant to Section 28.1
of the Act [415 ILCS 5/28.1] and 35 Ill. Adm. Code 101 and 104. The level of
justification is a demonstration by the owner or operator that alternative design or
operating practices, together with location 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 following:
1)
The nature and quantity of the wastes;
2)
The proposed alternative design and operation;
3)
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
4)
All other factors that influence the quality and mobility of the leachate
produced and the potential for it to migrate to groundwater or surface
water.
c)
The owner or operator of each new waste pile unit on which construction
commenced after January 29, 1992, each lateral expansion of a waste pile unit on
which construction commenced after July 29, 1992, and each replacement of an
existing waste pile unit that was to commence reuse after July 29, 1992,
must
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install two or more liners and a leachate collection and removal system above and
between such liners. “Construction commenced” is as defined in Section 720.110
under “existing facility.”
1)
Liners.
A)
The liner system must include the following:
i)
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 1×10
-7
cm/sec.
B)
The liners must comply with subsections (a)(1)(A), (a)(1)(B), and
(a)(1)(C) of this Section.
2)
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 must 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 (c)(3)(D) of this
Section.
3)
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 (c) are satisfied by installation of a system that is, at a
minimum, as follows:
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A)
Constructed with a bottom slope of one percent or more;
B)
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
m
2
/sec or more;
C)
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;
D)
Designed and operated to minimize clogging during the active life
and post-closure care period; and
E)
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 sumps. 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.
4)
The owner or operator must collect and remove pumpable liquids in the
LDS sumps to minimize the head on the bottom liner.
5)
The owner or operator of a LDS that is not located completely above the
seasonal high water table must demonstrate that the operation of the LDS
will not be adversely affected by the presence of groundwater.
d)
The Agency must approve alternative design or operating practices to those
specified in subsection (c) of this Section 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 do the
following:
1)
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) of this Section;
and
2)
Will allow detection of leaks of hazardous constituents through the top
liner at least as effectively.
e)
Subsection (c) of this Section does not apply to monofills that are granted a
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waiver by the Agency in accordance with Section 724.321(e).
f)
The owner or operator of any replacement waste pile unit is exempt from
subsection (c) of this Section if the following are true:
1)
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.
2)
There is no reason to believe that the liner is not functioning as designed.
g)
The owner or operator must 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.
h)
The owner or operator must 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.
i)
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.
j)
If the pile contains any particulate matter that may be subject to wind dispersal,
the owner or operator must cover or otherwise manage the pile to control wind
dispersal.
k)
The Agency must 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 32 Ill. Reg. ________, effective ______________________)
Section 724.352
Action Leakage Rate
a)
The Agency must approve an action leakage rate for surface impoundment
waste
375
pile
units subject to Section 724.351(c) or (d). The action leakage rate is the
maximum design flow rate that the LDS can remove without the fluid head on the
bottom liner exceeding one foot. The action leakage rate must include an
adequate safety margin to allow for uncertainties in the design (e.g., slope,
hydraulic conductivity, thickness of drainage material, etc.), construction,
operation, and location of the LDS; waste and leachate characteristics; likelihood
and amounts of other sources of liquids in the LDS; and proposed response
actions (e.g., the action leakage rate must consider decreases in the flow capacity
of the system over time resulting from siltation and clogging, rib layover and
creep of synthetic components of the system, overburden pressures, etc.).
b)
To determine if the action leakage rate has been exceeded, the owner or operator
must convert the weekly or monthly flow rate from the monitoring data obtained
under Section 724.354(c) to an average daily flow rate (gallons per acre per day)
for each sump. The average daily flow rate for each sump must be calculated
weekly during the active life and closure period.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 724.353
Response Action Plan
a)
The owner or operator of waste pile units subject to Section 724.351(c) or (d)
must have an approved response action plan before receipt of waste. The
response action plan must set forth the actions to be taken if the action leakage
rate has been exceeded. At a minimum, the response action plan must describe
the actions specified in subsection (b) of this Section.
b)
If the flow rate into the LDS exceeds the action leakage rate for any sump, the
owner or operator must do the following:
1)
Notify the Agency in writing of the exceedence
exceedance within seven
days after the determination;
2)
Submit a preliminary written assessment to the Agency within 14 days
after the determination, as to the amount of liquids, likely sources of
liquids, possible location, size and cause of any leaks, and short-term
actions taken and planned;
3)
Determine to the extent practicable the location, size, and cause of any
leak;
4)
Determine whether waste receipt should cease or be curtailed; whether
any waste should be removed from the unit for inspection, repairs, or
controls; and whether the unit should be closed;
5)
Determine any other short-term and long-term actions to be taken to
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mitigate or stop any leaks; and
6)
Within 30 days after the notification that the action leakage rate has been
exceeded, submit to the Agency the results of the determinations specified
in subsections (b)(3), (b)(4), and (b)(5) of this Section, the results of
actions taken, and actions planned. Monthly thereafter, as long as the
flow rate in the LDS exceeds the action leakage rate, the owner or
operator must submit to the Agency a report summarizing the results of
any remedial actions taken and actions planned.
c)
To make the leak or remediation determinations in subsections (b)(3), (b)(4), and
(b)(5) of this Section, the owner or operator must do either of the following:
1)
Perform the following assessments:
A)
Assess the source of liquids and amounts of liquids by source;
B)
Conduct a fingerprint, hazardous constituent, or other analyses of
the liquids in the LDS to identify the source of liquids and possible
location of any leaks, and the hazard and mobility of the liquid;
and
C)
Assess the seriousness of any leaks in terms of potential for
escaping into the environment; or
2)
Document why such assessments are not needed.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART M: LAND TREATMENT
Section 724.380
Closure and Post-Closure Care
a)
During the closure period the owner or operator must do the following:
1)
Continue
It must continue all operations (including pH control) necessary
to maximize degradation, transformation, or immobilization of hazardous
constituents within the treatment zone, as required under Section
724.373(a), except to the extent such measures are inconsistent with
subsection (a)(8) of this Section;
2)
Continue
It must continue all operations in the treatment zone to minimize
run-off of hazardous constituents, as required under Section 724.373(b);
3)
Maintain
It must maintain the run-on control system required under
Section 724.373(c);
377
4)
Maintain
It must maintain the run-off management system required under
Section 724.373(d);
5)
Control
It must control wind dispersal of hazardous waste if required
under Section 724.373(f);
6)
Continue
It must continue to comply with any prohibitions or conditions
concerning growth of food-chain crops under Section 724.376;
7)
Continue
It must continue unsaturated zone monitoring in compliance
with Section 724.378, except that soil-pore liquid monitoring may be
terminated 90 days after the last application of waste to the treatment
zone; and
8)
Establish
It must establish a vegetative cover on the portion of the facility
being closed at such time that the cover will not substantially impede
degradation, transformation, or immobilization of hazardous constituents
in the treatment zone. The vegetative cover must be capable of
maintaining growth without extensive maintenance.
b)
For the purpose of complying with Section 724.215, when closure is completed
the owner or operator may submit to the Agency certification by an independent
qualified soil scientist, in lieu of an independent registered professional engineer
a
qualified Professional Engineer, that the facility has been closed in accordance
with the specifications in the approved closure plan.
c)
During the post-closure care period the owner or operator must do the following:
1)
Continue
It must continue all operations (including pH control) necessary
to enhance degradation and transformation and sustain immobilization of
hazardous constituents in the treatment zone to the extent that such
measures are consistent with other post-closure care activities;
2)
Maintain
It must maintain a vegetative cover over closed portions of the
facility;
3)
Maintain
It must maintain the run-on control system required under
Section 724.373(c);
4)
Maintain
It must maintain the run-off management system required under
Section 724.373(d);
5)
Control
It must control wind dispersal of hazardous waste if required
under Section 724.373(f);
378
6)
Continue
It must continue to comply with any prohibitions or conditions
concerning growth of food-chain crops under Section 724.376; and
7)
Continue
It must continue unsaturated zone monitoring in compliance
with Section 724.378, except that soil-pore liquid monitoring may be
terminated 90 days after the last application of waste to the treatment
zone.
d)
The owner or operator is not subject to regulation under subsections (a)(8) and (c)
of this Section if the Agency finds that the level of hazardous constituents in the
treatment zone soil does not exceed the background value of those constituents by
an amount that is statistically significant when using the test specified in
subsection (d)(3) of this Section. The owner or operator may submit such a
demonstration to the Agency at any time during the closure or post-closure care
periods. For the purposes of this subsection (d), the owner or operator must do
the following:
1)
The owner or operator must establish background soil values and
determine whether there is a statistically significant increase over those
values for all hazardous constituents specified in the facility permit under
Section 724.371.
A)
Background soil values may be based on a one-time sampling of a
background plot having characteristics similar to those of the
treatment zone.
B)
The owner or operator must express background values and values
for hazardous constituents in the treatment zone in a form
necessary for the determination of statistically significant increases
under subsection (d)(3) of this Section.
2)
In taking samples used in the determination of background and treatment
zone values, the owner or operator must take samples at a sufficient
number of sampling points and at appropriate locations and depths to yield
samples that represent the chemical make-up of soil that has not been
affected by leakage from the treatment zone and the soil within the
treatment zone, respectively.
3)
In determining whether a statistically significant increase has occurred, the
owner or operator must compare the value of each constituent in the
treatment zone to the background value for that constituent using a
statistical procedure that provides reasonable confidence that constituent
presence in the treatment zone will be identified. The owner or operator
must use a statistical procedure that does the following:
A)
Is
It is appropriate for the distribution of the data used to establish
379
background values; and
B)
Provides
It provides a reasonable balance between the probability
of falsely identifying hazardous constituent presence in the
treatment zone and the probability of failing to identify real
presence in the treatment zone.
e)
The owner or operator is not subject to regulation under Subpart F of this Part if
the Agency finds that the owner or operator satisfies subsection (d) of this Section
and if unsaturated zone monitoring under Section 724.378 indicates that
hazardous constituents have not migrated beyond the treatment zone during the
active life of the land treatment unit.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART N: LANDFILLS
Section 724.404
Response Actions
a)
The owner or operator of landfill units subject to Section 724.401(c) or (d) must
have an approved response action plan before receipt of waste. The response
action plan must set forth the actions to be taken if the action leakage rate has
been exceeded. At a minimum, the response action plan must describe the actions
specified in subsection (b) of this Section.
b)
If the flow rate into the LDS exceeds the action leakage rate for any sump, the
owner or operator must do the following:
1)
Notify the Agency in writing of the exceedence
exceedance within seven
days of the determination;
2)
Submit a preliminary written assessment to the Agency within 14 days of
the determination, as to the amount of liquids, likely sources of liquids,
possible location, size, and cause of any leaks, and short-term actions
taken and planned;
3)
Determine to the extent practicable the location, size, and cause of any
leak;
4)
Determine whether waste receipt should cease or be curtailed, whether
any waste should be removed from the unit for inspection, repairs, or
controls, and whether the unit should be closed;
5)
Determine any other short-term and longer-term actions to be taken to
mitigate or stop any leaks; and
380
6)
Within 30 days after the notification that the action leakage rate has been
exceeded, submit to the Agency the results of the determinations specified
in subsections (b)(3), (b)(4), and (b)(5) of this Section, the results of
actions taken, and actions planned. Monthly thereafter, as long as the
flow rate in the LDS exceeds the action leakage rate, the owner or
operator must submit to the Agency a report summarizing the results of
any remedial actions taken and actions planned.
c)
To make the leak or remediation determinations in subsections (b)(3), (b)(4), and
(b)(5) of this Section, the owner or operator must do either of the following:
1)
Perform the following assessments:
A)
Assess the source of liquids and amounts of liquids by source;
B)
Conduct a fingerprint, hazardous constituent, or other analyses of
the liquids in the LDS to identify the source of liquids and possible
location of any leaks and the hazard and mobility of the liquid; and
C)
Assess the seriousness of any leaks in terms of potential for
escaping into the environment; or
2)
Document why such assessments are not needed.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 724.414
Special Requirements for Bulk and Containerized Liquids
a)
This subsection (a) corresponds with 40 CFR 264.314(a), which pertains to pre
May 8, 1985 actions, a date long since passed. This statement maintains
structural consistency with USEPA rules.
ba)
The placement of bulk or non-containerized liquid hazardous waste or hazardous
waste containing free liquids (whether or not sorbents have been added) in any
landfill is prohibited.
cb)
To demonstrate the absence or presence of free liquids in either a containerized or
a bulk waste, the following test must be used: Method 9095B (Paint Filter
Liquids Test), as described in “Test Methods for Evaluating Solid Wastes,
Physical/Chemical Methods,” USEPA publication number EPA-530/SW-846,
incorporated by reference in 35 Ill. Adm. Code 720.111(a).
dc)
Containers holding free liquids must not be placed in a landfill unless the
following is true:
1)
All free-standing liquid fulfills one of the following:
381
A)
It has been removed by decanting or other methods;
B)
It has been mixed with sorbent or solidified so that free-standing
liquid is no longer observed; or
C)
It has been otherwise eliminated; or
2)
The container is very small, such as an ampule; or
3)
The container is designed to hold free liquids for use other than storage,
such as a battery or capacitor; or
4)
The container is a lab pack as defined in Section 724.416 and is disposed
of in accordance with Section 724.416.
ed)
Sorbents used to treat free liquids to be disposed of in landfills must be
nonbiodegradable. Nonbiodegradable sorbents are the following: materials listed
or described in subsection (e)(1) of this Section; materials that pass one of the
tests in subsection (e)(2) of this Section; or materials that are determined by the
Board to be nonbiodegradable through the adjusted standard procedure of 35 Ill.
Adm. Code 104.
1)
Nonbiodegradable sorbents are the following:
A)
Inorganic minerals, other inorganic materials, and elemental
carbon (e.g., aluminosilicates (clays, smectites, Fuller’s earth,
bentonite, calcium bentonite, montmorillonite, calcined
montmorillonite, kaolinite, micas (illite), vermiculites, zeolites,
etc.), calcium carbonate (organic free limestone),
oxides/hydroxides (alumina, lime, silica (sand), diatomaceous
earth, etc.), perlite (volcanic glass), expanded volcanic rock,
volcanic ash, cement kiln dust, fly ash, rice hull ash, activated
charcoal (activated carbon), etc.); or
B)
High molecular weight synthetic polymers (e.g., polyethylene,
high density polyethylene (HDPE), polypropylene, polystrene,
polyurethane, polyacrylate, polynorborene, polyisobutylene,
ground synthetic rubber, cross-linked allylstrene and tertiary butyl
copolymers, etc.). This does not include polymers derived from
biological material or polymers specifically designed to be
degradable; or
C)
Mixtures of these nonbiodegradable materials.
2)
Tests for nonbiodegradable sorbents are the following:
382
A)
The sorbent material is determined to be nonbiodegradable under
ASTM Method G21-70 (1984a) (Standard Practice for
Determining Resistance of Synthetic Polymer Materials to Fungi),
incorporated by reference in 35 Ill. Adm. Code 720.111(a);
B)
The sorbent material is determined to be nonbiodegradable under
ASTM Method G22-76 (1984b) (Standard Practice for
Determining Resistance of Plastics to Bacteria), incorporated by
reference in 35 Ill. Adm. Code 720.111(a); or
C)
The sorbent material is determined to be non-biodegradable under
OECD Guideline for Testing of Chemicals, Method 301B (CO
2
Evolution (Modified Sturm Test)), incorporated by reference in 35
Ill. Adm. Code 720.111(a).
fe)
The placement of any liquid that is not a hazardous waste in a hazardous waste
landfill is prohibited (35 Ill. Adm. Code 729.311), unless the Board finds that the
owner or operator has demonstrated the following in a petition for an adjusted
standard pursuant to Section 28.1 of the Act [415 ILCS 5/28.1] and 35 Ill. Adm.
Code 101 and 104:
1)
The only reasonably available alternative to the placement in a hazardous
waste landfill is placement in a landfill or unlined surface impoundment,
whether or not permitted or operating under interim status, that contains or
which may reasonably be anticipated to contain hazardous waste; and
2)
Placement in the hazardous waste landfill will not present a risk of
contamination of any “underground
source of drinking water” (as that
term is defined in 35 Ill. Adm. Code 702.110).
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART O: INCINERATORS
Section 724.443
Performance Standards
An incinerator burning hazardous waste must be designed, constructed, and maintained so that,
when operated in accordance with operating requirements specified under Section 724.445, it
will meet the following performance standards:
a)
Destruction and removal efficiency.
1)
Except as provided in subsection (a)(2) of this Section, an incinerator
burning hazardous waste must achieve a destruction and removal
efficiency (DRE) of 99.99% for each principal organic hazardous
383
constituent (POHC) designated (under Section 724.442) in its permit for
each waste feed. DRE is determined for each POHC from the following
equation:
()
N
DRE
100× N
−
O
=
Where:
N =
Mass feed rate of one principal organic hazardous
constituent (POHC) in the waste stream feeding the
incinerator
O =
Mass emission rate of the same POHC present in
exhaust emissions prior to release to the
atmosphere.
2)
An incinerator burning hazardous wastes F020, F021, F022, F023, F026,
or F027 must achieve a destruction and removal efficiency (DRE) of
99.9999% for each principal organic hazardous constituent (POHC)
designated (under Section 724.442) in its permit. This performance must
be demonstrated on POHCs that are more difficult to incinerate than tetra-,
penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. DRE is
determined for each POHC from the equation in subsection (a)(1) of this
Section. In addition, the owner
or operator of the incinerator must notify
the Agency of its intent to incinerate hazardous wastes F020, F021, F022,
F023, F026, or F027.
b)
An incinerator burning hazardous waste and producing stack emissions of more
than 1.8 kilograms per hour (4 pounds per hour) of hydrogen chloride (HCl) must
control HCl emissions such that the rate of emission is no greater than the larger
of either 1.8 kilograms per hour or one percent of the HCl in the stack gas prior to
entering any pollution control equipment.
c)
An incinerator burning hazardous waste must not emit particulate matter in excess
of 180 milligrams per dry standard cubic meter (0.08 grains per dry standard
cubic foot) when corrected for the amount of oxygen in the stack gas according to
the following formula:
21 Y
C
14 M
−
×
=
1)
Where:
C =
the corrected concentration of particulate matter
384
M =
the measured concentration of particulate matter
Y =
the measured concentration of oxygen in the stack gas, using the
Orsat method for oxygen analysis of dry flue gas, presented in
Method 3 in appendix A to 40 CFR 60 (Gas Analysis for the
Determination of Dry Molecular Weight), incorporated by
reference in 35 Ill. Adm. Code 720.111(b).
2)
This correction procedure is to be used by all hazardous waste incinerators
except those operating under conditions of oxygen enrichment. For these
facilities, the Agency must select an appropriate correction procedure, to
be specified in the facility permit.
d)
For the purposes of permit enforcement, compliance with the operating
requirements specified in the permit (under Section 724.445) will be regarded as
compliance with this Section. However, evidence that compliance with those
permit conditions is insufficient to ensure compliance with the performance
requirements of this Section may be “information” justifying modification,
revocation or reissuance of a permit under 35 Ill. Adm. Code 702.184.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 724.447
Monitoring and Inspections
a)
The owner or operator must conduct, as a minimum, the following monitoring
while incinerating hazardous waste:
1)
Combustion temperature, waste feed rate, and the indicator of combustion
gas velocity specified in the facility permit must be monitored on a
continuous basis.
2)
Carbon monoxide must be monitored on a continuous basis at a point in
the incinerator downstream of the combustion zone and prior to release to
the atmosphere.
3)
Upon request by the Agency, sampling and analysis of the waste and
exhaust emissions must be conducted to verify that the operating
requirements established in the permit achieved the performance standard
of Section 724.443.
b)
The incinerator and associated equipment (pumps, valves, conveyors, pipes, etc.)
must be subjected to thorough visual inspection, at least daily, for leaks, spills,
fugitive emissions and signs of tampering.
c)
The emergency waste feed cutoff system and associated alarms must be tested at
385
least weekly to verify operability, unless the applicant demonstrates to the
Agency that weekly inspections will unduly restrict or upset operations and that
less frequent inspection will be adequate. At a minimum, operational testing must
be conducted at least monthly.
d)
This monitoring and inspection data must be recorded and the records must be
placed in the operating log
record required by Section 724.173 and maintained in
the operating record for five years.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART S: SPECIAL PROVISIONS FOR CLEANUP
Section 724.652
Corrective Action Management Units
a)
To implement remedies pursuant to Section 724.201 or RCRA section 3008(h), or
to implement remedies at a permitted facility that is not subject to Section
724.201, the Agency may designate an area at the facility as a corrective action
management unit pursuant to the requirements in this Section. “Corrective action
management unit” or “CAMU” means an area within a facility that is used only
for managing CAMU-eligible wastes for implementing corrective action or
cleanup at that facility. A CAMU must be located within the contiguous property
under the control of the owner or operator where the wastes to be managed in the
CAMU originated. One or more CAMUs may be designated at a facility.
1)
“CAMU-eligible waste” means the following:
A)
All solid and hazardous wastes, and all media (including
groundwater, surface water, soils, and sediments) and debris, that
are managed for implementing cleanup. As-generated wastes
(either hazardous or non-hazardous) from ongoing industrial
operations at a site are not CAMU-eligible wastes.
B)
Wastes that would otherwise meet the description in subsection
(a)(1)(A) of this Section are not CAMU-eligible waste where the
following is true:
i)
The wastes are hazardous waste found during cleanup in
intact or substantially intact containers, tanks, or other non-
land-based units found above ground, unless the wastes are
first placed in the tanks, containers, or non-land-based units
as part of cleanup, or the containers or tanks are excavated
during the course of cleanup; or
ii)
The Agency makes the determination in subsection (a)(2)
of this Section to prohibit the wastes from management in a
386
CAMU.
C)
Notwithstanding subsection (a)(1)(A) of this Section, where
appropriate, as-generated non-hazardous waste may be placed in a
CAMU where such waste is being used to facilitate treatment or
the performance of the CAMU.
2)
The Agency must prohibit the placement of waste in a CAMU where the
Agency determines that the wastes have not been managed in compliance
with applicable land disposal treatment standards of 35 Ill. Adm. Code
728, applicable unit design requirements of this Part or 35 Ill. Adm. Code
725, or other applicable requirements of this Subtitle G, and that the non-
compliance likely contributed to the release of the waste.
3)
Prohibition against placing liquids in a CAMU.
A)
The placement of bulk or noncontainerized liquid hazardous waste
or free liquids contained in hazardous waste (whether or not
sorbents have been added) in any CAMU is prohibited except
where placement of such wastes facilitates the remedy selected for
the waste.
B)
The requirements in Section 724.414(d) for placement of
containers holding free liquids in landfills apply to placement in a
CAMU, except where placement facilitates the remedy selected for
the waste.
C)
The placement of any liquid that is not a hazardous waste in a
CAMU is prohibited unless such placement facilitates the remedy
selected for the waste or a demonstration is made pursuant to
Section 724.414(f).
D)
The absence or presence of free liquids in either a containerized or
a bulk waste must be determined in accordance with Section
724.414(c). Sorbents used to treat free liquids in a CAMU must
meet the requirements of Section 724.414(e).
4)
Placement of CAMU-eligible wastes into or within a CAMU does not
constitute land disposal of hazardous waste.
5)
Consolidation or placement of CAMU-eligible wastes into or within a
CAMU does not constitute creation of a unit subject to minimum
technology requirements.
b)
Establishing a CAMU.
387
1)
The Agency must designate a regulated unit (as defined in Section
724.190(a)(2)) as a CAMU or must incorporate a regulated unit into a
CAMU, if it determines that the following is true of a regulated unit:
A)
The regulated unit is closed or closing, meaning it has begun the
closure process pursuant to Section 724.213 or 35 Ill. Adm. Code
725.213; and
B)
Inclusion of the regulated unit will enhance implementation of
effective, protective, and reliable remedial actions for the facility.
2)
The Subpart F, G, and H requirements and the unit-specific requirements
of this Part or 35 Ill. Adm. Code 265 that applied to the regulated unit will
continue to apply to that portion of the CAMU after incorporation into the
CAMU.
c)
The Agency must designate a CAMU that will be used for storage or treatment
only in accordance with subsection (f) of this Section. The Agency must
designate any other CAMU in accordance with the following requirements:
1)
The CAMU must facilitate the implementation of reliable, effective,
protective, and cost-effective remedies;
2)
Waste management activities associated with the CAMU must not create
unacceptable risks to humans or to the environment resulting from
exposure to hazardous wastes or hazardous constituents;
3)
The CAMU must include uncontaminated areas of the facility, only if
including such areas for the purpose of managing CAMU-eligible waste is
more protective than management of such wastes at contaminated areas of
the facility;
4)
Areas within the CAMU, where wastes remain in place after closure of the
CAMU, must be managed and contained so as to minimize future releases,
to the extent practicable;
5)
The CAMU must expedite the timing of remedial activity implementation,
when appropriate and practicable;
6)
The CAMU must 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
7)
The CAMU must, to the extent practicable, minimize the land area of the
facility upon which wastes will remain in place after closure of the
388
CAMU.
d)
The owner or operator must provide sufficient information to enable the Agency
to designate a CAMU in accordance with the criteria in this Section. This must
include, unless not reasonably available, information on the following:
1)
The origin of the waste and how it was subsequently managed (including a
description of the timing and circumstances surrounding the disposal or
release);
2)
Whether the waste was listed or identified as hazardous at the time of
disposal or release; and
3)
Whether the disposal or release of the waste occurred before or after the
land disposal requirements of 35 Ill. Adm. Code 728 were in effect for the
waste listing or characteristic.
e)
The Agency must specify, in the permit or order, requirements for the CAMU to
include the following:
1)
The areal configuration of the CAMU.
2)
Except as provided in subsection (g) of this Section, requirements for
CAMU-eligible waste management to include the specification of
applicable design, operation, treatment, and closure requirements.
3)
Minimum Design Requirements: a CAMU, except as provided in
subsection (f) of this Section, into which wastes are placed must be
designed in accordance with the following:
A)
Unless the Agency approves alternative requirements pursuant to
subsection (e)(3)(B) of this Section, a CAMU that consists of new,
replacement, or laterally expanded units must include a composite
liner and a leachate collection system that is designed and
constructed to maintain less than a 30-cm depth of leachate over
the liner. For purposes of this Section, “composite liner”
means a
system consisting of two components; the upper component must
consist of a minimum 30-mil flexible membrane liner (FML), and
the lower component must consist of at least a two-foot layer of
compacted soil with a hydraulic conductivity of no more than
1x10
-7
cm/sec. FML components consisting of high density
polyethylene (HDPE) must be at least 60 mil thick. The FML
component must be installed in direct and uniform contact with the
compacted soil component;
B)
Alternative Requirements. The Agency must approve alternative
389
requirements if it determines that either of the following is true:
i)
The Agency determines that alternative design and
operating practices, together with location characteristics,
will prevent the migration of any hazardous constituents
into the groundwater or surface water at least as effectively
as the liner and leachate collection systems in subsection
(e)(3)(A) of this Section; or
ii)
The CAMU is to be established in an area with existing
significant levels of contamination, and the Agency
determines that an alternative design, including a design
that does not include a liner, would prevent migration from
the unit that would exceed long-term remedial goals.
4)
Minimum treatment requirements: Unless the wastes will be placed in a
CAMU for storage or treatment only in accordance with subsection (f) of
this Section, CAMU-eligible wastes that, absent this Section, would be
subject to the treatment requirements of 35 Ill. Adm. Code 728, and that
the Agency determines contain principal hazardous constituents must be
treated to the standards specified in subsection (e)(4)(C) of this Section.
A)
Principal hazardous constituents are those constituents that the
Agency determines pose a risk to human health and the
environment substantially higher than the cleanup levels or goals
at the site.
i)
In general, the Agency must designate as principal
hazardous constituents those contaminants specified in
subsection (e)(4)(H) of this Section.
BOARD NOTE: The Board has codified 40 CFR
264.552(e)(4)(i)(A)(1) and (e)(4)(i)(A)(2) as subsections
(e)(4)(H)(i) and (e)(4)(H)(ii) of this Section in order to
comply with Illinois Administrative Code codification
requirements.
ii)
The Agency must also designate constituents as principal
hazardous constituents, where appropriate, when risks to
human health and the environment posed by the potential
migration of constituents in wastes to groundwater are
substantially higher than cleanup levels or goals at the site.
When making such a designation, the Agency must
consider such factors as constituent concentrations, and fate
and transport characteristics under site conditions.
390
iii)
The Agency must also designate other constituents as
principal hazardous constituents that the Agency
determines pose a risk to human health and the
environment substantially higher than that posed by the
cleanup levels or goals at the site.
B)
In determining which constituents are “principal hazardous
constituents,” the Agency must consider all constituents that,
absent this Section, would be subject to the treatment requirements
in 35 Ill. Adm. Code 728.
C)
Waste that the Agency determines contains principal hazardous
constituents must meet treatment standards determined in
accordance with subsection (e)(4)(D) or (e)(4)(E) of this Section.
D)
Treatment standards for wastes placed in a CAMU.
i)
For non-metals, treatment must achieve 90 percent
reduction in total principal hazardous constituent
concentrations, except as provided by subsection
(e)(4)(D)(iii) of this Section.
ii)
For metals, treatment must achieve 90 percent reduction in
principal hazardous constituent concentrations as measured
in leachate from the treated waste or media (tested
according to the TCLP) or 90 percent reduction in total
constituent concentrations (when a metal removal treatment
technology is used), except as provided by subsection
(e)(4)(D)(iii) of this Section.
iii)
When treatment of any principal hazardous constituent to a
90 percent reduction standard would result in a
concentration less than 10 times the Universal Treatment
Standard for that constituent, treatment to achieve
constituent concentrations less than 10 times the Universal
Treatment Standard is not required. Universal Treatment
Standards are identified in Table U to 35 Ill. Adm. Code
728.
iv)
For waste exhibiting the hazardous characteristic of
ignitability, corrosivity, or reactivity, the waste must also
be treated to eliminate these characteristics.
v)
For debris, the debris must be treated in accordance with 35
Ill. Adm. Code 728.145, or by methods or to levels
established pursuant to subsections (e)(4)(D)(i) through
391
(e)(4)(D)(iv) or subsection (e)(4)(E) of this Section,
whichever the Agency determines is appropriate.
vi)
Alternatives to TCLP. For metal bearing wastes for which
metals removal treatment is not used, the Agency must
specify a leaching test other than Method 1311 (Toxicity
Characteristic Leaching Procedure), in “Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,”
USEPA publication number EPA-530/SW-846,
incorporated by reference in 35 Ill. Adm. Code 720.111(a)
to measure treatment effectiveness, provided the Agency
determines that an alternative leach testing protocol is
appropriate for use, and that the alternative more accurately
reflects conditions at the site that affect leaching.
E)
Adjusted standards. The Board will grant an adjusted standard
pursuant to Section 28.1 of the Act to adjust the treatment level or
method in subsection (e)(4)(D) of this Section to a higher or lower
level, based on one or more of the following factors, as
appropriate, if the owner or operator demonstrates that the adjusted
level or method would adequately protect human health and the
environment, based on consideration of the following:
i)
The technical impracticability of treatment to the levels or
by the methods in subsection (e)(4)(D) of this Section;
ii)
The levels or methods in subsection (e)(4)(D) of this
Section would result in concentrations of principal
hazardous constituents (PHCs) that are significantly above
or below cleanup standards applicable to the site
(established either site-specifically, or promulgated
pursuant to State or federal law);
iii)
The views of the affected local community on the treatment
levels or methods in subsection (e)(4)(D) of this Section, as
applied at the site, and, for treatment levels, the treatment
methods necessary to achieve these levels;
iv)
The short-term risks presented by the on-site treatment
method necessary to achieve the levels or treatment
methods in subsection (e)(4)(D) of this Section;
v)
The long-term protection offered by the engineering design
of the CAMU and related engineering controls under the
circumstances set forth in subsection (e)(4)(I) of this
Section.
392
BOARD NOTE: The Board has codified 40 CFR
264.552(e)(4)(v)(E)(
1
) through (e)(4)(v)(E)(
5
) as
subsections (e)(4)(I)(i) through (e)(4)(I)(v) of this Section
in order to comply with Illinois Administrative Code
codification requirements.
F)
The treatment required by the treatment standards must be
completed prior to, or within a reasonable time after, placement in
the CAMU.
G)
For the purpose of determining whether wastes placed in a CAMU
have met site-specific treatment standards, the Agency must
specify a subset of the principal hazardous constituents in the
waste as analytical surrogates for determining whether treatment
standards have been met for other principal hazardous constituents
if it determines that the specification is appropriate based on the
degree of difficulty of treatment and analysis of constituents with
similar treatment properties.
H)
Principal hazardous constituents that the Agency must designate
are the following:
i)
Carcinogens that pose a potential direct risk from ingestion
or inhalation at the site at or above 10
-3
; and
ii)
Non-carcinogens that pose a potential direct risk from
ingestion or inhalation at the site an order of magnitude or
greater over their reference dose.
I)
Circumstances relating to the long-term protection offered by
engineering design of the CAMU and related engineering controls
are the following:
i)
Where the treatment standards in subsection (e)(4)(D) of
this Section are substantially met and the principal
hazardous constituents in the waste or residuals are of very
low mobility;
ii)
Where cost-effective treatment has been used and the
CAMU meets the Subtitle C liner and leachate collection
requirements for new land disposal units at Section
724.401(c) and (d);
iii)
Where, after review of appropriate treatment technologies,
the Board determines that cost-effective treatment is not
393
reasonably available, and the CAMU meets the Subtitle C
liner and leachate collection requirements for new land
disposal units at Section 724.401(c) and (d);
iv)
Where cost-effective treatment has been used and the
principal hazardous constituents in the treated wastes are of
very low mobility; or
v)
Where, after review of appropriate treatment technologies,
the Board determines that cost-effective treatment is not
reasonably available, the principal hazardous constituents
in the wastes are of very low mobility, and either the
CAMU meets or exceeds the liner standards for new,
replacement, or a laterally expanded CAMU in subsections
(e)(3)(A) and (e)(3)(B) of this Section or the CAMU
provides substantially equivalent or greater protection.
5)
Except as provided in subsection (f) of this Section, requirements for
groundwater monitoring and corrective action that are sufficient to do the
following:
A)
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;
B)
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; and
C)
Require notification to the Agency and corrective action as
necessary to adequately protect human health and the environment
for releases to groundwater from the CAMU.
6)
Except as provided in subsection (f) of this Section, closure and post-
closure requirements, as follows:
A)
Closure of corrective action management units must do the
following:
i)
Minimize the need for further maintenance; and
ii)
Control, minimize, or eliminate, to the extent necessary
toadequately protect human health and the environment, for
areas where wastes remain in place, post-closure escape of
394
hazardous wastes, hazardous constituents, leachate,
contaminated runoff, or hazardous waste decomposition
products to the ground, to surface waters, or to the
atmosphere.
B)
Requirements for closure of a CAMU must include the following,
as appropriate and as deemed necessary by the Agency for a given
CAMU:
i)
Requirements for excavation, removal, treatment or
containment of wastes; and
ii)
Requirements for removal and decontamination of
equipment, devices, and structures used in CAMU-eligible
waste management activities within the CAMU.
C)
In establishing specific closure requirements for a CAMU pursuant
to this subsection (e), the Agency must consider the following
factors:
i)
CAMU characteristics;
ii)
Volume of wastes that remain in place after closure;
iii)
Potential for releases from the CAMU;
iv)
Physical and chemical characteristics of the waste;
v)
Hydrological
Hydrogeological and other relevant
environmental conditions at the facility that may influence
the migration of any potential or actual releases; and
vi)
Potential for exposure of humans and environmental
receptors if releases were to occur from the CAMU.
D)
Cap requirements:
i)
At final closure of the CAMU, for areas in which wastes
will remain with constituent concentrations at or above
remedial levels or goals applicable to the site after closure
of the CAMU, the owner or operator must cover the
CAMU with a final cover designed and constructed to meet
the performance criteria listed in subsection (e)(6)(F) of
this Section, except as provided in subsection (e)(6)(D)(ii)
of this Section:
395
BOARD NOTE: The Board has codified 40 CFR
264.552(e)(6)(iv)(A)(
1
) through (e)(6)(iv)(A)(
5
) as
subsections (e)(6)(F)(i) through (e)(6)(F)(v) of this Section
in order to comply with Illinois Administrative Code
codification requirements.
ii)
The Agency must apply cap requirements that deviate from
those prescribed in subsection (e)(6)(D)(i) of this Section if
it determines that the modifications are needed to facilitate
treatment or the performance of the CAMU (e.g., to
promote biodegradation).
E)
Post-closure requirements as necessary to adequately protect
human health and the environment, to include, for areas where
wastes will remain in place, monitoring and maintenance activities,
and the frequency with which such activities must be performed to
ensure the integrity of any cap, final cover, or other containment
system.
F)
The final cover design and performance criteria are as follows:
i)
Provide long-term minimization of migration of liquids
through the closed unit;
ii)
Function with minimum maintenance;
iii)
Promote drainage and minimize erosion or abrasion of the
cover;
iv)
Accommodate settling and subsidence so that the cover’s
integrity is maintained; and
v)
Have a permeability less than or equal to the permeability
of any bottom liner system or natural subsoils present.
f)
A CAMU used for storage or treatment only is a CAMU in which wastes will not
remain after closure. Such a CAMU must be designated in accordance with all of
the requirements of this Section, except as follows:
1)
A CAMU that is used for storage or treatment only and that operates in
accordance with the time limits established in the staging pile regulations
at Section 724.654(d)(1)(C), (h), and (i) is subject to the requirements for
staging piles at Section 724.654(d)(1)(A) and (d)(1)(B), (d)(2), (e), (f), (j),
and (k) in lieu of the performance standards and requirements for a
CAMU in subsections (c) and (e)(3) through (e)(6) of this Section.
396
2)
A CAMU that is used for storage or treatment only and that does not
operate in accordance with the time limits established in the staging pile
regulations at Section 724.654(d)(1)(C), (h), and (i):
A)
The owner or operator must operate in accordance with a time
limit, established by the Agency, that is no longer than necessary
to achieve a timely remedy selected for the waste and
B)
The CAMU is subject to the requirements for staging piles at
Section 724.654(d)(1)(A) and (d)(1)(B), (d)(2), (e), (f), (j), and (k)
in lieu of the performance standards and requirements for a CAMU
in subsections (c), (e)(4), and (6) of this Section.
g)
A CAMU into which wastes are placed where all wastes have constituent levels at
or below remedial levels or goals applicable to the site do not have to comply
with the requirements for liners at subsection (e)(3)(A) of this Section, caps at
subsection (e)(6)(D) of this Section, groundwater monitoring requirements at
subsection (e)(5) of this Section or, for treatment or storage-only a CAMU, the
design standards at subsection (f) of this Section.
h)
The Agency must provide public notice and a reasonable opportunity for public
comment before designating a CAMU. Such notice must include the rationale for
any proposed adjustments pursuant to subsection (e)(4)(E) of this Section to the
treatment standards in subsection (e)(4)(D) of this Section.
i)
Notwithstanding any other provision of this Section, the Agency must impose
those additional requirements that it determines are necessary to adequately
protect human health and the environment.
j)
Incorporation of a CAMU into an existing permit must be approved by the
Agency according to the procedures for Agency-initiated permit modifications
pursuant to 35 Ill. Adm. Code 703.270 through 703.273, or according to the
permit modification procedures of 35 Ill. Adm. Code 703.280 through 703.283.
k)
The designation of a CAMU does not change the Agency’s existing authority to
address cleanup levels, media-specific points of compliance to be applied to
remediation at a facility, or other remedy selection decisions.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 724.654
Staging Piles
a)
Definition of a staging pile. A staging pile is an accumulation of solid, non-flowing
remediation waste (as defined in 35 Ill. Adm. Code 720.110) that is not a
containment building and which is used only during remedial operations for
temporary storage at a facility. A staging pile must be located within the contiguous
397
property under the control of the owner or operator where the wastes to be managed
in the staging pile originated. Staging piles must be designated by the Agency in
accordance with the requirements in this Section.
1)
For the purposes of this Section, storage includes mixing, sizing, blending,
or other similar physical operations as long as they are intended to prepare
the wastes for subsequent management or treatment.
2)
This subsection (a)(2) corresponds with 40 CFR 264.554(a)(2), which
USEPA has marked as “reserved.” This statement maintains structural
consistency with the federal regulations.
b)
Use of a staging pile. An owner or operator may use a staging pile to store
hazardous remediation waste (or remediation waste otherwise subject to land
disposal restrictions) only if an owner or operator follows the standards and design
criteria the Agency has designated for that staging pile. The Agency must designate
the staging pile in a permit or, at an interim status facility, in a closure plan or order
(consistent with 35 Ill. Adm. Code 703.155(a)(5) and (b)(5)). The Agency must
establish conditions in the permit, closure plan, or order that comply with
subsections (d) through (k) of this Section.
c)
Information that an owner or operator must submit to gain designation of a staging
pile. When seeking a staging pile designation, an owner or operator must provide
the following:
1)
Sufficient and accurate information to enable the Agency to impose
standards and design criteria for the facility’s staging pile according to
subsections (d) through (k) of this Section;
2)
Certification by an independent
, a qualified registered professional engineer
Professional Engineer of technical data, such as design drawings and
specifications, and engineering studies, unless the Agency determines, based
on information that an owner or operator provides, that this certification is
not necessary to ensure that a staging pile will adequately protect human
health and the environment; and
3)
Any additional information the Agency determines is necessary to
adequately protect human health and the environment.
d)
Performance criteria that a staging pile must satisfy. The Agency must establish the
standards and design criteria for the staging pile in the permit, closure plan, or
order.
1)
The standards and design criteria must comply with the following:
A)
The staging pile must facilitate a reliable, effective, and protective
398
remedy;
B)
The staging pile must be designed so as to prevent or minimize
releases of hazardous wastes and hazardous constituents into the
environment, and minimize or adequately control cross-media
transfer, as necessary to adequately protect human health and the
environment (for example, through the use of liners, covers, or
runoff and runon controls, as appropriate); and
C)
The staging pile must not operate for more than two years, except
when the Agency grants an operating term extension pursuant to
subsection (i) of this Section. An owner or operator must measure
the two-year limit or other operating term specified by the Agency in
the permit, closure plan, or order from the first time an owner or
operator places remediation waste into a staging pile. An owner or
operator must maintain a record of the date when it first placed
remediation waste into the staging pile for the life of the permit,
closure plan, or order, or for three years, whichever is longer.
2)
In setting the standards and design criteria, the Agency must consider the
following factors:
A)
The length of time the pile will be in operation;
B)
The volumes of wastes the owner or operator intends to store in the
pile;
C)
The physical and chemical characteristics of the wastes to be stored
in the unit;
D)
The potential for releases from the unit;
E)
The hydrogeological and other relevant environmental conditions at
the facility that may influence the migration of any potential
releases; and
F)
The potential for human and environmental exposure to potential
releases from the unit.
e)
Receipt of ignitable or reactive remediation waste. An owner or operator must not
place ignitable or reactive remediation waste in a staging pile unless the following
is true:
1)
The owner or operator has treated, rendered, or mixed the remediation waste
before it placed the waste in the staging pile so that the following is true of
the waste:
399
A)
The remediation waste no longer meets the definition of ignitable or
reactive pursuant to 35 Ill. Adm. Code 721.121 or 721.123; and
B)
The owner or operator has complied with Section 724.117(b); or
2)
The owner or operator manages the remediation waste to protect it from
exposure to any material or condition that may cause it to ignite or react.
f)
Managing incompatible remediation wastes in a staging pile. The term
“incompatible waste” is defined in 35 Ill. Adm. Code 720.110. An owner or
operator must comply with the following requirements for incompatible wastes in
staging piles:
1)
The owner or operator must not place incompatible remediation wastes in
the same staging pile unless an owner or operator has complied with Section
724.117(b);
2)
If remediation waste in a staging pile is incompatible with any waste or
material stored nearby in containers, other piles, open tanks, or land disposal
units (for example, surface impoundments), an owner or operator must
separate the incompatible materials, or protect them from one another by
using a dike, berm, wall, or other device; and
3)
The owner or operator must not pile remediation waste on the same base
where incompatible wastes or materials were previously piled, unless the
base has been decontaminated sufficiently to comply with Section
724.117(b).
g)
Staging piles are not subject to land disposal restrictions and federal minimum
technological requirements. Placing hazardous remediation wastes into a staging
pile does not constitute land disposal of hazardous wastes or create a unit that is
subject to the federal minimum technological requirements of section 3004(o) of
RCRA, 42 USC 6924(o).
h)
How long an owner or operator may operate a staging pile. The Agency may allow
a staging pile to operate for up to two years after hazardous remediation waste is
first placed into the pile. An owner or operator must use a staging pile no longer
than the length of time designated by the Agency in the permit, closure plan, or
order (the “operating term”), except as provided in subsection (i) of this Section.
i)
Receiving an operating extension for a staging pile.
1)
The Agency may grant one operating term extension of up to 180 days
beyond the operating term limit contained in the permit, closure plan, or
order (see subsection (l) of this Section for modification procedures). To
400
justify the need for an extension, an owner or operator must provide
sufficient and accurate information to enable the Agency to determine that
the following is true of continued operation of the staging pile:
A)
Continued operation will not pose a threat to human health and the
environment; and
B)
Continued operation is necessary to ensure timely and efficient
implementation of remedial actions at the facility.
2)
The Agency must, as a condition of the extension, specify further
standards and design criteria in the permit, closure plan, or order, as
necessary, to ensure adequate protection of human health and the
environment.
j)
The closure requirement for a staging pile located in a previously contaminated
area.
1)
Within 180 days after the operating term of the staging pile expires, an
owner or operator must close a staging pile located in a previously
contaminated area of the site by removing or decontaminating all of the
following:
A)
Remediation waste;
B)
Contaminated containment system components; and
C)
Structures and equipment contaminated with waste and leachate.
2)
An owner or operator must also decontaminate contaminated subsoils in a
manner and according to a schedule that the Agency determines will
adequately protect human health and the environment.
3)
The Agency must include the above requirements in the permit, closure
plan, or order in which the staging pile is designated.
k)
The closure requirement for a staging pile located in a previously uncontaminated
area.
1)
Within 180 days after the operating term of the staging pile expires, an
owner or operator must close a staging pile located in an uncontaminated
area of the site according to Sections 724.358(a) and 724.211 or according
to 35 Ill. Adm. Code 725.358(a) and 725.211.
2)
The Agency must include the requirement of this Section stated in
subsection (k)(1) in the permit, closure plan, or order in which the staging
401
pile is designated.
l)
Modifying an existing permit (e.g., a RAP), closure plan, or order to allow the use
of a staging pile.
1)
To modify a permit, other than a RAP, to incorporate a staging pile or
staging pile operating term extension, either of the following must occur:
A)
The Agency must approve the modification pursuant to the
procedures for Agency-initiated permit modifications in 35 Ill. Adm.
Code 703.270 through 703.273; or
B)
An owner or operator must request a Class 2 modification pursuant
to 35 Ill. Adm. Code 703.280 through 703.283.
2)
To modify a RAP to incorporate a staging pile or staging pile operating term
extension, an owner or operator must comply with the RAP modification
requirements pursuant to 35 Ill. Adm. Code 703.304(a) and (b).
3)
To modify a closure plan to incorporate a staging pile or staging pile
operating term extension, an owner or operator must follow the applicable
requirements pursuant to Section 724.212(c) or 35 Ill. Adm. Code
725.212(c).
4)
To modify an order to incorporate a staging pile or staging pile operating
term extension, an owner or operator must follow the terms of the order and
the applicable provisions of 35 Ill. Adm. Code 703.155(a)(5) or (b)(5).
m)
Public availability of information about a staging pile. The Agency must document
the rationale for designating a staging pile or staging pile operating term extension
and make this documentation available to the public.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART W: DRIP PADS
Section 724.671
Assessment of Existing Drip Pad Integrity
a)
For each existing drip pad, the owner or operator must evaluate the drip pad and
determine that
whether it meets all of the requirements of this Subpart W, except
the requirements for liners and leak detection systems of Section 724.673(b). No
later than June 6, 1991, the owner or operator must obtain and keep on file at the
facility a written assessment of the drip pad, reviewed and certified by an
independent, a qualified registered professional engineer Professional Engineer
that attests to the results of the evaluation. The assessment must be reviewed,
updated, and re-certified annually until all upgrades, repairs or modifications
402
necessary to achieve compliance with all of
the standards of Section 724.673 are
complete. The evaluation must document the extent to which the drip pad meets
each of the design and operating standards of Section 724.673, except the
standards for liners and leak detection systems, specified in Section 724.673(b).
b)
The owner or operator must develop a written plan for upgrading, repairing, and
modifying the drip pad to meet the requirements of Section 724.673(b) and
submit the plan to the Agency no later than two years before the date that all
repairs, upgrades and modifications will be complete. This written plan must
describe all changes to be made to the drip pad in sufficient detail to document
compliance with all the requirements of Section 724.673. The plan must be
reviewed and certified by an independent
a qualified, registered professional
engineer Professional Engineer. All upgrades, repairs, and modifications must be
completed in accordance with the following:
1)
For existing drip pads of known and documentable age, all upgrades,
repairs, and modifications must have been completed by June 6, 1993, or
when the drip pad has reached 15 years of age, whichever comes later.
2)
For existing drip pads for which the age cannot be documented, by June 6,
1999; but, if the age of the facility is greater than seven years, all
upgrades, repairs and modifications must be completed by the time the
facility reaches 15 years of age or by June 6, 1993, whichever comes later.
3)
The owner or operator may petition the Board for an extension of the
deadline in subsection (b)(1) or (b)(2) of this Section.
A)
The owner or operator must file a petition for a RCRA variance, as
specified in 35 Ill. Adm. Code 104.
B)
The Board will grant the petition for extension if it finds the
following:
i)
The drip pad meets all of the requirements of Section
724.673, except those for liners and leak detection systems
specified in Section 724.673(b); and
ii)
That it will continue to adequately protect human health
and the environment.
c)
Upon completion of all upgrades, repairs, and modifications, the owner or
operator must submit to the Agency, the as-built drawings for the drip pad,
together with a certification by an independent,
a qualified registered professional
engineer Professional Engineer attesting that the drip pad conforms to the
drawings.
403
d)
If the drip pad is found to be leaking or unfit for use, the owner or operator must
comply with the provisions of Section 724.672(m) or close the drip pad in
accordance with Section 724.675.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 724.673
Design and Operating Requirements
a)
Drip pads must fulfill the following:
1)
Not be constructed of earthen
non-earthen materials, wood, or asphalt,
unless the asphalt is structurally supported;
2)
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;
3)
Have a curb or berm around the perimeter;
4)
In addition, the drip pad must fulfill the following:
A)
Have a hydraulic conductivity of less than or equal to 1
×
10
-7
centimeters per second (cm/sec), 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
×
10
-7
cm/sec 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 724.672(a)
724.672(b) instead of Section
724.672(b)
724.672(a).
B)
The owner or operator must obtain and keep on file at the facility a
written assessment of the drip pad, reviewed and certified by an
independent a qualified registered professional engineer
Professional Engineer that attests to the results of the evaluation.
The assessment must be reviewed, updated and recertified
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) of this Section.
404
5)
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
traffic, movement of wood, etc.
BOARD NOTE: In judging the structural integrity requirement of this
subsection (c), the Agency should generally consider applicable standards
established by professional organizations generally recognized by the
industry, including ACI 318 (Building Code Requirements for Reinforced
Concrete), or ASTM C 94-90 (Standard Specification for Ready-Mixed
Concrete), each incorporated by reference in 35 Ill. Adm. Code
720.111(a).
b)
If an owner or operator elects to comply with Section 724.672(b)
724.672(a)
instead of Section 724.672(a) 724.672(b), the drip pad must have the following:
1)
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 fulfill the following:
A)
It 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);
B)
It must be 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
C)
It must be installed to cover all surrounding earth that could come
in contact with the waste or leakage; and
2)
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 fulfill the following:
A)
It must be constructed of materials that are as follows:
405
i)
Chemically resistant to the waste managed in the drip pad
and the leakage that might be generated; and
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
B)
It must be designed and operated to function without clogging
through the scheduled closure of the drip pad; and
C)
It must be 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.
3)
A leaking 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
quantity of any leakage collected in this system and removed must be
documented in the operating log.
A)
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 properly managed
as to allow weekly inspections of the entire drip pad surface
without interference of 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 owner
or operator must determine if the residues are hazardous, as per 35
Ill. Adm. Code 722.111, and, if so, the owner or operator must
manage them under 35 Ill. Adm. Code 721 through 728, and
Section 3010 of RCRA.
B)
The federal rules do not contain a 40 CFR 264.573(b)(3)(B). This
subsection (b) is added to conform to Illinois Administrative Code
rules.
c)
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) of this Section for remedial action required
if deterioration or leakage is detected.
d)
The drip pad and associated collection system must be designed and operated to
406
convey, drain, and collect liquid resulting from drippage or precipitation in order
to prevent run-off.
e)
Unless the drip pad is protected by a structure, as described in Section 724.670(b),
the owner or operator must 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.
f)
Unless the drip pad is protected by a structure or cover, as described in Section
724.670(b), the owner or operator must 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.
g)
The drip pad must be evaluated to determine that it meets the requirements of
subsections (a) through (f) of this Section. The owner or operator must obtain a
statement from an independent
a qualified registered professional engineer
Professional Engineer certifying that the drip pad design meets the requirements
of this Section.
h)
Drippage and accumulated precipitation must be removed from the associated
collection system as necessary to prevent overflow onto the drip pad.
i)
The drip 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 must document, in the facility’s operating log,
the date and time of each cleaning and the cleaning procedure used.
j)
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.
k)
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 must maintain records sufficient to document that all
treated wood is held on the pad, in accordance with this Section, following
treatment.
l)
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.
m)
Throughout the active life of the drip pad and as specified in the permit, if the
owner or operator detects a condition that could lead to or has caused a release of
407
hazardous waste, the condition must be repaired within a reasonably prompt
period of time following discovery, in accordance with the following procedures:
1)
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 must do the following:
A)
Enter a record of the discovery in the facility operating log;
B)
Immediately remove from service the portion of the drip pad
affected by the condition;
C)
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;
D)
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.
2)
The Agency must do the following: review the information submitted,
make a determination regarding whether the pad must be removed from
service completely or partially until repairs and clean up
cleanup are
complete, and notify the owner or operator of the determination and the
underlying rationale in writing.
3)
Upon completing all repairs and clean up, the owner or operator must
notify the Agency in writing and provide a certification, signed by an
independent, qualified registered professional engineer, that the repairs
and clean up
cleanup have been completed according to the written plan
submitted in accordance with subsection (m)(1)(D) of this Section.
n)
If a permit is necessary, the Agency must specify in the permit all design and
operating practices that are necessary to ensure that the requirements of this
Section are satisfied.
o)
The owner or operator must 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 32 Ill. Reg. ________, effective ______________________)
408
Section 724.674
Inspections
a)
During construction or installation, liners and cover systems (e.g., membranes,
sheets, or coatings) must be inspected for uniformity, damage, and imperfections
(e.g., holes, cracks, thin spots, or foreign materials). Immediately after
construction or installation, liners must be inspected and certified by a qualified
Professional Engineer as meeting the requirements of set forth in Section 724.673
by an independent qualified registered professional engineer
. The certification
must be maintained at the facility as part of the facility operating record. After
installation liners and covers must be inspected to ensure tight seams and joints
and the absence of tears, punctures, or blisters.
b)
While a drip pad is in operation, it must be inspected weekly and after storms to
detect evidence of any of the following:
1)
Deterioration, malfunctions, or improper operation of run-on and run-off
control systems;
2)
The presence of leakage in and proper functioning of leak detection
system.
3)
Deterioration or cracking of the drip pad surface.
BOARD NOTE: See Section 724.672(m) for remedial action required if
deterioration or leakage is detected.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART AA: AIR EMISSION STANDARDS FOR PROCESS VENTS
Section 724.936
Reporting Requirements
a)
A semiannual report must be submitted by owners and operators subject to the
requirements of this Subpart AA to the Agency by dates specified in the RCRA
permit. The report must include the following information:
1)
The USEPA identification number (35 Ill. Adm. Code 722.112), name,
and address of the facility.
2)
For each month during the semiannual reporting period the following:
A)
Dates when the control device did the following:
i)
Exceeded or operated outside of the design specifications,
as defined in Section 724.935(c)(4); and
409
ii)
Such exceedences
exceedances were not corrected within
24 hours, or that a flare operated with visible emissions, as
defined by Method 22 monitoring;
B)
The duration and cause of each exceedence
exceedance or visible
emissions; and
C)
Any corrective measures taken.
b)
If during the semiannual reporting period, the control device does not exceed or
operate outside of the design specifications, as defined in Section 724.935(c)(4),
for more than 24 hours or a flare does not operate with visible emissions, as
defined in Section 724.933(d), a report to the Agency is not required.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART BB: AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS
Section 724.961
Alternative Percentage Standard for Valves
a)
An owner or operator subject to the requirements of Section 724.957 may elect to
have all valves within a hazardous waste management unit comply with an
alternative standard that allows no greater than two percent of the valves to leak.
b)
The following requirements must be met if an owner or operator decides to
comply with the alternative standard of allowing two percent of valves to leak:
1)
An owner or operator must notify the Agency that the owner or operator
has elected to comply with the requirements of this Section.
21)
A performance test as specified in subsection (c) of this Section must be
conducted initially upon designation, annually and other times specified in
the RCRA permit.
32)
If a valve leak is detected it must be repaired in accordance with Section
724.957(d) and (e).
c)
Performance tests must be conducted in the following manner:
1)
All valves subject to the requirements in Section 724.957 within the
hazardous waste management unit must be monitored within one week by
the methods specified in Section 724.963(b).
2)
If an instrument reading of 10,000 ppm or greater is measured, a leak is
detected.
410
3)
The leak percentage must be determined by dividing the number of valves
subject to the requirements in Section 724.957 for which leaks are
detected by the total number of valves subject to the requirements in
Section 724.957 within the hazardous waste management unit.
d)
If an owner or operator decides to comply with this Section no longer, the owner
or operator must notify the Agency in writing that the work practice standard
described in Section 724.957(a) through (e) will be followed.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 724.962
Skip Period Alternative for Valves
a)
Election. An owner or operator subject to the requirements of Section 724.957
may elect for all valves within a hazardous waste management unit to comply
with one of the alternative work practices specified in subsections (b)(2) and
(b)(3) of this Section.
1a)
An owner or operator subject to the requirements of Section 724.957 may elect
for all valves within a hazardous waste management unit to comply with one of
the alternative work practices specified in subsections (b)(2) and (b)(3) of this
Section.
2)
An owner or operator must notify the Agency before implementing one of
the alternative work practices.
b)
Reduced Monitoring.
1)
An owner or operator must comply with the requirements for valves, as
described in Section 724.957, except as described in subsections (b)(2)
and (b)(3).
2)
After two consecutive quarterly leak detection periods with the percentage
of valves leaking equal to or less than two percent, an owner or operator
may begin to skip one of the quarterly leak detection periods (i.e., the
owner or operator may monitor for leaks once every six months) for the
valves subject to the requirements in Section 724.957.
3)
After five consecutive quarterly leak detection periods with the percentage
of valves leaking equal to or less than two percent, an owner or operator
may begin to skip three of the quarterly leak detection periods (i.e., the
owner or operator may monitor for leaks once every year) for the valves
subject to the requirements in Section 724.957.
4)
If the percentage of valves leaking is greater than 2 percent, the owner or
operator must monitor monthly in compliance with the requirements in
411
Section 724.957, but may again elect to use this Section after meeting the
requirements of Section 724.957(c)(1).
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 724.965
Reporting Requirements
a)
A semiannual report must be submitted by owners and operators subject to the
requirements of this Subpart BB to the Agency by dates specified in the RCRA
permit. The report must include the following information:
1)
The USEPA identification number (35 Ill. Adm. Code 722.112), name,
and address of the facility.
2)
For each month during the semiannual reporting period, the following:
A)
The equipment identification number of each valve for which a
leak was not repaired, as required in Section 724.957(d).
B)
The equipment identification number of each pump for which a
leak was not repaired, as required in Section 724.952(c) and (d)(6).
C)
The equipment identification number of each compressor for
which a leak was not repaired, as required in Section 724.953(g),
3)
Dates of hazardous waste management unit shutdowns that occurred
within the semiannual reporting period.
4)
For each month during the semiannual reporting period, dates when the
control device installed as required by Sections 724.952, 724.953,
724.954, or 724.955, exceeded or operated outside of the design
specifications, as defined in Section 724.964(e) and as indicated by the
control device monitoring required by Section 724.960 and was not
corrected within 24 hours, the duration and cause of each exceedence
exceedance
, and any corrective measures taken.
b)
If, during the semiannual reporting period, leaks from valves, pumps, and
compressors are repaired as required in Sections 724.957(d), 724.952(c) and
(d)(6), and 724.953(g), respectively, and the control device does not exceed or
operate outside of the design specifications, as defined in Section 724.964(e) for
more than 24 hours, a report to the Agency is not required.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
412
SUBPART DD: CONTAINMENT BUILDINGS
Section 724.1100
Applicability
The requirements of this Subpart DD apply to owners or operators who store or treat hazardous
waste in units designed and operated under Section 724.1101. These provisions became
effective on February 18, 1993. The owner or operator is not subject to the definition of land
disposal in 35 Ill. Adm. Code 728.102 provided that the unit fulfills the following:
a)
It is a completely enclosed, self-supporting structure that is designed and
constructed of manmade materials of sufficient strength and thickness to support
themselves, the waste contents, and any personnel and heavy equipment that
operate within the unit, and to prevent failure due to the following:
1)
pressure gradients;
2)
settlement, compression, or uplift;
3)
physical contact with the hazardous wastes to which they are exposed;
4)
climatic conditions; or
5)
the stresses of daily operation including the movement of heavy
equipment within the unit and contact of such equipment within the unit
and contact of such equipment with containment walls.
b)
It has a primary barrier that is designed to be sufficiently durable to withstand the
movement of personnel, wastes, and handling equipment within the unit.
c)
If used to manage liquids, the unit has the following:
1)
A primary barrier designed and constructed of materials to prevent
migration of hazardous constituents into the barrier;
2)
A liquid collection system designed and constructed of materials to
minimize the accumulation of liquid on the primary barrier; and
3)
A secondary containment system designed and constructed of materials to
prevent migration of hazardous constituents into the barrier, with a leak
detection and liquid collection system capable of detecting, collecting, and
removing leaks of hazardous constituents at the earliest practicable time,
unless the unit has been granted a variance from the secondary
containment system requirements under Section 724.1101(b)(4);
d)
It has controls sufficient to permit fugitive dust emissions to meet the no visible
emission standard in Section 724.1101(c)(1)(A); and
413
e)
It is designed and operated to ensure containment and prevent the tracking of
materials from the unit by personnel or equipment.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART DD: CONTAINMENT BUILDINGS
Section 724.1101
Design and Operating Standards
a)
All containment buildings must comply with the following design and operating
standards:
1)
The containment building must be completely enclosed with a floor, walls,
and a roof to prevent exposure to the elements (e.g. precipitation, wind,
run on) and to assure containment of managed wastes.
2)
The floor and containment walls of the unit, including the secondary
containment system if required under subsection (b) of this Section, must
be designed and constructed of materials of sufficient strength and
thickness to support themselves, the waste contents, and any personnel
and heavy equipment that operate within the unit, and to prevent failure
due to pressure gradients, settlement, compression, or uplift, physical
contact with the hazardous wastes to which they are exposed; climatic
conditions; and the stresses of daily operation, including the movement of
heavy equipment within the unit and contact of such equipment with
containment walls. The unit must be designed so that it has sufficient
structural strength to prevent collapse or other failure. All surfaces to be
in contact with hazardous wastes must be chemically compatible with
those wastes. The containment building must meet the structural integrity
requirements established by professional organizations generally
recognized by the industry such as the American Concrete Institute (ACI)
and the American Society of Testing Materials (ASTM). If appropriate to
the nature of the waste management operation to take place in the unit, an
exception to the structural strength requirement may be made for light-
weight doors and windows that meet the following criteria:
A)
They provide an effective barrier against fugitive dust emissions
under subsection (c)(1)(C) of this Section; and
B)
The unit is designed and operated in a fashion that assures that
wastes will not actually come in contact with these openings.
3)
Incompatible hazardous wastes or treatment reagents must not be placed
in the unit or its secondary containment system if they could cause the unit
or secondary containment system to leak, corrode, or otherwise fail.
414
4)
A containment building must have a primary barrier designed to withstand
the movement of personnel, waste, and handling equipment in the unit
during the operating life of the unit and appropriate for the physical and
chemical characteristics of the waste to be managed.
b)
For a containment building used to manage hazardous wastes containing free
liquids or treated with free liquids (the presence of which is determined by the
paint filter test, a visual examination, or other appropriate means), the owner or
operator must include the following:
1)
A primary barrier designed and constructed of materials to prevent the
migration of hazardous constituents into the barrier (e.g., a geomembrane
covered by a concrete wear surface).
2)
A liquid collection and removal system to minimize the accumulation of
liquid on the primary barrier of the containment building, as follows:
A)
The primary barrier must be sloped to drain liquids to the
associated collection system; and
B)
Liquids and waste must be collected and removed to minimize
hydraulic head on the containment system at the earliest
practicable time.
3)
A secondary containment system including a secondary barrier designed
and constructed to prevent migration of hazardous constituents into the
barrier, and a leak detection system that is capable of detecting failure of
the primary barrier and collecting accumulated hazardous wastes and
liquids at the earliest practicable time.
A)
The requirements of the leak detection component of the secondary
containment system are satisfied by installation of a system that is,
at a minimum, as follows:
i)
It is constructed with a bottom slope of 1 percent or more;
and
ii)
It is constructed of a granular drainage material with a
hydraulic conductivity of 1
×
10
-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 3
×
10
-5
m
2
/sec or more.
B)
If treatment is to be conducted in the building, an area in which
such treatment will be conducted must be designed to prevent the
415
release of liquids, wet materials, or liquid aerosols to other
portions of the building.
C)
The secondary containment system must be constructed of
materials that are chemically resistant to the waste and liquids
managed in the containment building and of sufficient strength and
thickness to prevent collapse under the pressure exerted by
overlaying materials and by any equipment used in the
containment building. (Containment buildings can serve as
secondary containment systems for tanks placed within the
building under certain conditions. A containment building can
serve as an external liner system for a tank, provided it meets the
requirements of Section 724.193(d)(1)
724.193(e)(1). In addition,
the containment building must meet the requirements of Section
724.193(b) and Sections 724.193(c)(1) and (c)(2) to be an
acceptable secondary containment system for a tank.)
4)
For existing units other than 90-day generator units, USEPA may delay
the secondary containment requirement for up to two years, based on a
demonstration by the owner or operator that the unit substantially meets
the standards of this Subpart DD. In making this demonstration, the
owner or operator must have done the following:
A)
Provided written notice to USEPA of their request by Nov. 16,
1992. This notification must have described the unit and its
operating practices with specific reference to the performance of
existing systems, and specific plans for retrofitting the unit with
secondary containment;
B)
Responded to any comments from USEPA on these plans within
30 days; and
C)
Fulfilled the terms of the revised plans, if such plans are approved
by USEPA.
c)
An owner or operator of a containment building must do the following:
1)
Use
It must use controls and practice to ensure containment of the
hazardous waste within the unit, and at a minimum:
A)
Maintain the primary barrier to be free of significant cracks, gaps,
corrosion, or other deterioration that could cause hazardous waste
to be release from the primary barrier;
B)
Maintain the level of the stored or treated hazardous waste within
the containment walls of the unit so that the height of any
416
containment wall is not exceeded;
C)
Take measures to prevent the tracking of hazardous waste out of
the unit by personnel or by equipment used in handling the waste.
An area must be designated to decontaminate equipment and any
rinsate must be collected and properly managed; and
D)
Take measures to control fugitive dust emissions such that any
openings (doors, windows, vents, cracks, etc.) exhibit no visible
emissions (see Method 22 (Visual Determination of Fugitive
Emissions from Material Sources and Smoke Emissions from
Flares) in appendix A to 40 CFR 60 (Test Methods), incorporated
by reference in 35 Ill. Adm. Code 720.111(b). In addition, all
associated particulate collection devices (e.g., fabric filter,
electrostatic precipitator, etc.) must be operated and maintained
with sound air pollution control practices (see 40 CFR 60 for
guidance). This state of no visible emissions must be maintained
effectively at all times during routine operating and maintenance
conditions, including when vehicles and personnel are entering and
exiting the unit.
BOARD NOTE: At 40 CFR 264.1101(c)(1)(iv) (2005), USEPA
cites “40 CFR part 60, subpart 292.” At 57 Fed. Reg. 37217 (Aug.
18, 1992), USEPA repeats this citation in the preamble discussion
of adoption of the rules. No such provision exists in the Code of
Federal Regulations. While section 40 CFR 60.292 of the federal
regulations pertains to control of fugitive dust emissions, that
provision is limited in its application to glass melting furnaces.
The Board has chosen to use the general citation: “40 CFR 60.”
2)
Obtain
It must obtain and keep on site a certification by a qualified
registered professional engineer (PE)
Professional Engineer that the
containment building design meets the requirements of subsections (a)
through (c) of this Section. For units placed into
operation prior to
February 18, 1993, this certification must have been placed in the
facility’s operating record (on-site files for generators that are not formally
required to have operating records) no later than 60 days after the date of
initial operation of the unit. After February 18, 1993, PE certification has
been required prior to operation of the unit.
3)
Throughout the active life of the containment building, if the owner or
operator detects a condition that could lead to or has caused a release of
hazardous waste, it
must repair the condition promptly. In addition,
however the following is required, in accordance with the following
procedures:
417
A)
Upon detection of a condition that has caused
led to a release of
hazardous wastes (e.g., upon detection of leakage from the primary
barrier) the owner or operator must do the following:
i)
Enter a record of the discovery in the facility operating
record;
ii)
Immediately remove the portion of the containment
building affected by the condition from service;
iii)
Determine what steps must be taken to repair the
containment building, remove any leakage from the
secondary collection system, and establish a schedule for
accomplishing the cleanup and repairs; and
iv)
Within seven days after the discovery of the condition,
notify the Agency in writing of the condition, and within 14
working days, provide a written notice to the Agency with
a description of the steps taken to repair the containment
building, and the schedule for accomplishing the work.
B)
The Agency must review the information submitted, make a
determination in accordance with Section 34 of the Act, regarding
whether the containment building must be removed from service
completely or partially until repairs and cleanup are complete, and
notify the owner or operator of the determination and the
underlying rationale in writing.
C)
Upon completing all repairs and cleanup the owner and operator
must notify the Agency in writing and provide a verification,
signed by a qualified, registered professional engineer, that the
repairs and cleanup have been completed according to the written
plan submitted in accordance with subsection (c)(3)(A)(iv) of this
Section.
4)
Inspect
It must inspect and record in the facility’s operating record, at
least once every seven days, except for the owner or operator of a
Performance Track member facility, which must inspect the record at least
once each month after approval by the Agency, data gathered from
monitoring equipment
and leak detection equipment, as well as the
containment building and the area immediately surrounding the
containment building, to detect signs of releases of hazardous waste. To
apply for a reduced monitoring frequency, the owner or operator of a
Performance Track member facility must follow the procedures described
in Section 724.115(b)(5).
418
d)
For a
containment buildings building that contain both areas both with and
without secondary containment, the owner or operator must do the following:
1)
Design and operate each area in accordance with the requirements
enumerated in subsections (a) through (c) of this Section;
2)
Take measures to prevent the release of liquids or wet materials into areas
without secondary containment; and
3)
Maintain in the facility’s operating log a written description of the
operating procedures used to maintain the integrity of areas without
secondary containment.
e)
Notwithstanding any other provision of this Subpart DD,
the Agency must, in
writing, not require allow the use of alternatives to the requirements for secondary
containment for a permitted containment building where the Agency has
determined that the facility owner or operator demonstrates has adequately
demonstrated that the only free liquids in the unit are limited amounts of dust
suppression liquids required to meet occupational health and safety requirements,
and where containment of managed wastes and liquids can be assured without a
secondary containment system.
(Source: Amended at 32 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
SUBPART A: GENERAL PROVISIONS
Section
725.101
Purpose, Scope, and Applicability
725.102
Electronic Reporting
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
419
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
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
420
SUBPART G: CLOSURE AND POST-CLOSURE CARE
Section
725.210
Applicability
725.211
Closure Performance Standard
725.212
Closure Plan; Amendment of Plan
725.213
Closure; Time Allowed for Closure
725.214
Disposal or Decontamination of Equipment, Structures, and Soils
725.215
Certification of Closure
725.216
Survey Plat
725.217
Post-Closure Care and Use of Property
725.218
Post-Closure Care Plan; Amendment of Plan
725.219
Post-Closure Notices
725.220
Certification of Completion of Post-Closure Care
725.221
Alternative Post-Closure Care Requirements
SUBPART H: FINANCIAL REQUIREMENTS
Section
725.240
Applicability
725.241
Definitions of Terms as Used in this Subpart H
725.242
Cost Estimate for Closure
725.243
Financial Assurance for Closure
725.244
Cost Estimate for Post-Closure Care
725.245
Financial Assurance for Post-Closure Monitoring and Maintenance
725.246
Use of a Mechanism for Financial Assurance of Both Closure and Post-Closure
Care
725.247
Liability Requirements
725.248
Incapacity of Owners or Operators, Guarantors, or Financial Institutions
725.251
Promulgation of Forms (Repealed)
SUBPART I: USE AND MANAGEMENT OF CONTAINERS
Section
725.270
Applicability
725.271
Condition of Containers
725.272
Compatibility of Waste with Containers
725.273
Management of Containers
725.274
Inspections
725.276
Special Requirements for Ignitable or Reactive Wastes
725.277
Special Requirements for Incompatible Wastes
725.278
Air Emission Standards
SUBPART J: TANK SYSTEMS
Section
725.290
Applicability
725.291
Assessment of Existing Tank System Integrity
725.292
Design and Installation of New Tank Systems or Components
725.293
Containment and Detection of Releases
421
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 Wastes
725.299
Special Requirements for Incompatible Wastes
725.300
Waste Analysis and Trial Tests
725.301
Generators of 100 to 1,000 Kilograms of Hazardous Waste Per Month
725.302
Air Emission Standards
SUBPART K: SURFACE IMPOUNDMENTS
Section
725.320
Applicability
725.321
Design and Operating Requirements
725.322
Action Leakage Rate
725.323
Containment System
725.323725.324
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 Wastes
725.330
Special Requirements for Incompatible Wastes
725.331
Air Emission Standards
SUBPART L: WASTE PILES
Section
725.350
Applicability
725.351
Protection from Wind
725.352
Waste Analysis
725.353
Containment
725.354
Design and Operating Requirements
725.355
Action Leakage Rates
725.356
Special Requirements for Ignitable or Reactive Wastes
725.357
Special Requirements for Incompatible Wastes
725.358
Closure and Post-Closure Care
725.359
Response Actions
725.360
Monitoring and Inspections
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
422
725.379
Recordkeeping
725.380
Closure and Post-Closure Care
725.381
Special Requirements for Ignitable or Reactive Wastes
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 Inspections
725.409
Surveying and Recordkeeping
725.410
Closure and Post-Closure Care
725.412
Special Requirements for Ignitable or Reactive Wastes
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 Inspections
725.451
Closure
725.452
Interim Status Incinerators Burning Particular Hazardous Wastes
SUBPART P: THERMAL TREATMENT
Section
725.470
Other Thermal Treatment
725.473
General Operating Requirements
725.475
Waste Analysis
725.477
Monitoring and Inspections
725.481
Closure
725.482
Open Burning; Waste Explosives
725.483
Interim Status Thermal Treatment Devices Burning Particular Hazardous Wastes
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
423
725.504
Closure
725.505
Special Requirements for Ignitable or Reactive Wastes
725.506
Special Requirements for Incompatible Wastes
SUBPART R: UNDERGROUND INJECTION
Section
725.530
Applicability
SUBPART W: DRIP PADS
Section
725.540
Applicability
725.541
Assessment of Existing Drip Pad Integrity
725.542
Design and Installation of New Drip Pads
725.543
Design and Operating Requirements
725.544
Inspections
725.545
Closure
SUBPART AA: AIR EMISSION STANDARDS FOR PROCESS VENTS
Section
725.930
Applicability
725.931
Definitions
725.932
Standards: Process Vents
725.933
Standards: Closed-Vent Systems and Control Devices
725.934
Test Methods and Procedures
725.935
Recordkeeping Requirements
SUBPART BB: AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS
Section
725.950
Applicability
725.951
Definitions
725.952
Standards: Pumps in Light Liquid Service
725.953
Standards: Compressors
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
424
SUBPART CC: AIR EMISSION STANDARDS FOR TANKS, SURFACE
IMPOUNDMENTS, AND CONTAINERS
Section
725.980
Applicability
725.981
Definitions
725.982
Schedule for Implementation of Air Emission Standards
725.983
Standards: General
725.984
Waste Determination Procedures
725.985
Standards: Tanks
725.986
Standards: Surface Impoundments
725.987
Standards: Containers
725.988
Standards: Closed-Vent Systems and Control Devices
725.989
Inspection and Monitoring Requirements
725.990
Recordkeeping Requirements
725.991
Alternative Tank Emission Control Requirements (Repealed)
SUBPART DD: CONTAINMENT BUILDINGS
Section
725.1100
Applicability
725.1101
Design and Operating Standards
725.1102
Closure and Post-Closure Care
SUBPART EE: HAZARDOUS WASTE MUNITIONS AND EXPLOSIVES
STORAGE
Section
725.1200
Applicability
725.1201
Design and Operating Standards
725.1202
Closure and Post-Closure Care
725.Appendix A
Recordkeeping Instructions
725.Appendix B
EPA Report Form and Instructions (Repealed)
725.Appendix C
USEPA Interim Primary Drinking Water Standards
725.Appendix D
Tests for Significance
725.Appendix E
Examples of Potentially Incompatible Wastes
725.Appendix F
Compounds with Henry’s Law Constant Less Than 0.1 Y/X (at 25°C)
AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 22.4, and 27].
SOURCE: Adopted in R81-22 at 5 Ill. Reg. 9781, effective May 17, 1982; amended and
codified in R81-22 at 6 Ill. Reg. 4828, effective May 17, 1982; amended in R82-18 at 7 Ill. Reg.
2518, effective February 22, 1983; amended in R82-19 at 7 Ill. Reg. 14034, effective October 12,
1983; amended in R84-9 at 9 Ill. Reg. 11869, effective July 24, 1985; amended in R85-22 at 10
Ill. Reg. 1085, effective January 2, 1986; amended in R86-1 at 10 Ill. Reg. 14069, effective
August 12, 1986; amended in R86-28 at 11 Ill. Reg. 6044, effective March 24, 1987; amended in
R86-46 at 11 Ill. Reg. 13489, effective August 4, 1987; amended in R87-5 at 11 Ill. Reg. 19338,
425
effective Nov. 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 Nov.
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 Sept. 25, 1990; amended in R90-11 at 15 Ill. Reg. 9398,
effective June 17, 1991; amended in R91-1 at 15 Ill. Reg. 14534, effective October 1, 1991;
amended in R91-13 at 16 Ill. Reg. 9578, effective June 9, 1992; amended in R92-1 at 16 Ill. Reg.
17672, effective Nov. 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 Nov. 22, 1993; amended in R93-16 at
18 Ill. Reg. 6771, effective April 26, 1994; amended in R94-7 at 18 Ill. Reg. 12190, effective
July 29, 1994; amended in R94-17 at 18 Ill. Reg. 17548, effective Nov. 23, 1994; amended in
R95-6 at 19 Ill. Reg. 9566, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 11078,
effective August 1, 1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 369, effective
December 16, 1997; amended in R98-12 at 22 Ill. Reg. 7620, effective April 15, 1998; amended
in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17620, effective Sept. 28, 1998; amended in R98-21/R99-
2/R99-7 at 23 Ill. Reg. 1850, effective January 19, 1999; amended in R99-15 at 23 Ill. Reg.
9168, effective July 26, 1999; amended in R00-5 at 24 Ill. Reg. 1076, effective January 6, 2000;
amended in R00-13 at 24 Ill. Reg. 9575, effective June 20, 2000; amended in R03-7 at 27 Ill.
Reg. 4187, effective February 14, 2003; amended in R05-8 at 29 Ill. Reg. 6028, effective April
13, 2005; amended in R05-2 at 29 Ill. Reg. 6389, effective April 22, 2005; amended in R06-
5/R06-6/R06-7 at 30 Ill. Reg. 3460, effective February 23, 2006; amended in R06-16/R06-
17/R06-18 at 31 Ill. Reg. 1031, effective December 20, 2006; amended in R07-5/R07-14 at 32
Ill. Reg. ________, effective ______________________.
SUBPART B: GENERAL FACILITY STANDARDS
Section 725.115
General Inspection Requirements
a)
The owner or operator must inspect the facility for malfunctions and
deterioration, operator errors and discharges that may be causing--or may lead
to--the conditions listed below. The owner or operator must conduct these
inspections often enough to identify problems in time to correct them before they
harm human health or the environment.
1)
Release of hazardous waste constituents to the environment, or
2)
A threat to human health.
b)
Written schedule.
1)
The owner or operator must develop and follow a written schedule for
inspecting all monitoring equipment, safety and emergency equipment,
security devices, and operating and structural equipment (such as dikes
and sump pumps) that are important to preventing, detecting, or
responding to environmental or human health hazards.
426
2)
The owner or operator must keep this schedule at the facility.
3)
The schedule must identify the types of problems (e.g., malfunctions or
deterioration) that are to be looked for during the inspection (e.g.,
inoperative sump pump, leaking fitting, eroding dike, etc.).
4)
The frequency of inspection may vary for the items on the schedule.
However, the frequency should be based on the rate of deterioration of the
equipment and the probability of an environmental or human health
incident if the deterioration, malfunction, or any
operator error goes
undetected between inspections. Areas subject to spills, such as loading
and unloading areas, must be inspected daily when in use, except for the
owner or operator of a Performance Track member facility, which must
inspect at least once each month after approval by the Agency, as
described in subsection (b)(5) of this Section. At a minimum, the
inspection schedule must include the items and frequencies called for in
Sections 725.274, 725.293, 725.295, 725.326, 725.360, 725.378, 725.404,
725.447, 725.477, 725.503, 725.933, 725.952, 725.953, 725.958, and
725.984 through 725.990, where applicable.
5)
The owner or operator of a Performance Track member facility that
chooses to reduce its inspection frequency must fulfill the following
requirements:
A)
It must submit an application to the Agency. The application must
identify its facility as a member of the National Environmental
Performance Track Program, and it must identify the management
units for reduced inspections and the proposed frequency of
inspections. Inspections pursuant to this subsection (b)(5) must be
conducted at least once each month.
B)
Within 60 days, the Agency must notify the owner or operator of
the Performance Track member facility, in writing, if the
application submitted pursuant to subsection (b)(5)(A) of this
Section is approved, denied, or if an extension to the 60-day
deadline is needed. This notice must be placed in the facility’s
operating record. The owner or operator of the Performance Track
member facility should consider the application approved if the
Agency does not either deny the application or notify the owner or
operator of the Performance Track member facility of an extension
to the 60-day deadline. In these situations, the owner or operator
of the Performance Track member facility must adhere to the
revised inspection schedule outlined in its application and maintain
a copy of the application in the facility’s operating record.
C)
Any owner or operator of a Performance Track member facility
427
that discontinues its membership or which USEPA terminates from
the program must immediately notify the Agency of its change in
status. The facility owner or operator must place in its operating
record a dated copy of this notification and revert back to the non-
Performance Track inspection frequencies within seven calendar
days.
c)
The owner or operator must remedy any deterioration or malfunction of
equipment or structure that the inspection reveals on a schedule that ensures that
the problem does not lead to an environmental or human health hazard. Where a
hazard is imminent or has already occurred, remedial action must be taken
immediately.
d)
The owner or operator must record inspections in an inspection log or summary.
The owner or operator must keep these records for at least three years from the
date of inspection. At a minimum, these records must include the date and time
of the inspection, the name of the inspector, a notation of the observations made
and the date, and nature of any repairs or other remedial actions.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 725.116
Personnel Training
a)
Personnel training program.
1)
Facility personnel must successfully complete a program of classroom
instruction or on-the-job training that teaches them to perform their duties
in a way that ensures the facility’s compliance with the requirements of
this part. The owner or operator must ensure that this program includes all
the elements described in the document required under subsection (d)(3)
of this Section.
2)
This program must be directed by a person trained in hazardous waste
management procedures, and must include instruction that teaches facility
personnel hazardous waste management procedures (including
contingency plan implementation) relevant to the positions in which they
are employed.
3)
At a minimum, the training program must be designed to ensure that
facility personnel are able to respond effectively to emergencies by
familiarizing them with emergency procedures, emergency equipment and
emergency systems, including the following where applicable:
A)
Procedures for using, inspecting, repairing and replacing facility
emergency and monitoring equipment;
428
B)
Key parameters for automatic waste feed cut-off systems;
C)
Communications or alarm systems;
D)
Response to fires or explosions;
E)
Response to groundwater contamination incidents; and
F)
Shutdown of operations.
4)
For facility employees that receive emergency response training pursuant
to the federal Occupational Safety and Health Administration (OSHA)
regulations at 29 CFR 1910.120(p)(8) and 1910.120(q), the facility is not
required to provide separate emergency response training pursuant to this
section, provided that the overall facility OSHA emergency response
training meets all the requirements of this Section.
b)
Facility personnel must successfully complete the program required in subsection
(a) of this Section upon the effective date of these regulations or six months after
the date of their employment or assignment to a facility or to a new position at a
facility, whichever is later. Employees hired after the effective date of these
regulations must not work in unsupervised positions until they have completed
the training requirements of subsection (a) of this Section.
c)
Facility personnel must take part in an annual review of the initial training
required in subsection (a) of this Section.
d)
The owner or operator must maintain the following documents and records at the
facility:
1)
The job title for each position at the facility related to hazardous waste
management and the name of the employee filling each job;
2)
A written job description for each position listed under subsection (d)(1)
of this Section. This description may be consistent in its degree of
specificity with descriptions for other similar positions in the same
company location or bargaining unit, but must include the requisite skill,
education, or other qualifications and duties of facility personnel assigned
to each position;
3)
A written description of the type and amount of both introductory and
continuing training that will be given to each person filling a position
listed under subsection (d)(1) of this Section;
4)
Records that document that the training or job experience required under
subsections (a), (b), and (c) of this Section has been given to and
429
completed by facility personnel.
e)
Training records on current personnel must be kept until closure of the facility.
Training records on former employees must be kept for at least three years from
the date the employee last worked at the facility. Personnel training records may
accompany personnel transferred within the same company.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 725.119
Construction Quality Assurance Program
a)
CQA program.
1)
A construction quality assurance (CQA) program is required for all
surface impoundment, waste pile and landfill units that are required to
comply with Sections 725.321(a), 725.354, and 725.401(a). The program
must ensure that the constructed unit meets or exceeds all design criteria
and specifications in this Part. The program must be developed and
implemented under the direction of a CQA officer that is a registered
professional engineer.
2)
The CQA program must address the following physical components,
where applicable:
A)
Foundations;
B)
Dikes;
C)
Low-permeability soil liners;
D)
Geomembranes (flexible membrane liners);
E)
Leachate collection and removal systems and leak detection
systems; and
F)
Final cover systems.
b)
Written CQA plan. Before construction begins on a unit subject to the CQA
program under subsection (a) of this Section, the owner or operator must develop
a written CQA plan. The plan must identify steps that will be used to monitor and
document the quality of materials and the condition and manner of their
installation. The CQA plan must include the following:
1)
Identification of applicable units and a description of how they will be
constructed.
430
2)
Identification of key personnel in the development and implementation of
the CQA plan, and CQA officer qualifications.
3)
A description of inspection and sampling activities for all unit components
identified in subsection (a)(2) of this Section, including observations and
tests that will be used before, during and after construction to ensure that
the construction materials and the installed unit components meet the
design specifications. The description must cover: Sampling size and
locations; frequency of testing; data evaluation procedures; acceptance
and rejection criteria for construction materials; plans for implementing
corrective measures; and data or other information to be recorded and
retained in the operating record under Section 725.173.
c)
Contents of program.
1)
The CQA program must include observations, inspections, tests and
measurements sufficient to ensure the following:
A)
Structural stability and integrity of all components of the unit
identified in subsection (a)(2) of this Section;
B)
Proper construction of all components of the liners, leachate
collection and removal system, leak detection system, and final
cover system, according to permit specifications and good
engineering practices, and proper installation of all components
(e.g., pipes) according to design specifications;
C)
Conformity of all materials used with design and other material
specifications under 35 Ill. Adm. Code 724.321, 724.351, and
724.401.
2)
The CQA program must include test fills for compacted soil liners, using
the same compaction methods as in the full-scale unit, to ensure that the
liners are constructed to meet the hydraulic conductivity requirements of
35 Ill. Adm. Code 724.321(c)(1), 724.351(c)(1), or 724.401(c)(1) in the
field. Compliance with the hydraulic conductivity requirements must be
verified by using in-situ testing on the constructed test fill. The test fill
requirement is waived where data are sufficient to show that a constructed
soil liner meets the hydraulic conductivity requirements of 35 Ill. Adm.
Code 724.321(c)(1), 724.354(c)(1),
724.354(c)(1), or 724.401(c)(1) in the
field.
d)
Certification. The owner or operator of units subject to this Section must submit
to the Agency by certified mail or hand delivery, at least 30 days prior to
receiving waste, a certification signed by the CQA officer that the CQA plan has
been successfully carried out and that the unit meets the requirements of Sections
431
725.321(a), 725.354, or 725.401(a). The owner or operator may receive waste in
the unit after 30 days from the Agency’s receipt of the CQA certification unless
the Agency determines in writing that the construction is not acceptable, or
extends the review period for a maximum of 30 more days, or seeks additional
information from the owner or operator during this period. Documentation
supporting the CQA officer’s certification must be furnished to the Agency upon
request.
e)
Final Agency determinations pursuant to this Section are deemed to be permit
denials for purposes of appeal to the Board pursuant to Section 40 of the
Environmental Protection Act [415 ILCS 5/40].
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART D: CONTINGENCY PLAN AND EMERGENCY PROCEDURES
Section 725.152
Content of Contingency Plan
a)
The contingency plan must describe the actions facility personnel must take to
comply with Sections 725.151 and 725.156 in response to fires, explosions, or
any unplanned sudden or non-sudden release of hazardous waste or hazardous
waste constituents to air, soil, or surface water at the facility.
b)
If the owner or operator has already prepared a federal Spill Prevention Control
and Countermeasures (SPCC) Plan in accordance with 40 CFR Part 112 or 300,
or some other emergency or contingency plan, it needs only amend that plan to
incorporate hazardous waste management provisions that are sufficient to comply
with the requirements of this Part. The owner or operator may develop one
contingency plan that meets all regulatory requirements. USEPA has
recommended that the plan be based on the National Response Team’s Integrated
Contingency Plan Guidance (One Plan). When modifications are made to non-
RCRA provisions in an integrated contingency plan, the changes do not trigger
the need for a RCRA permit modification.
BOARD NOTE: The federal One Plan guidance appeared in the Federal Register
at 61 Fed. Reg. 28642 (June 5, 1996), and was corrected at 61 Fed. Reg. 31103
(June 19, 1996). USEPA, Office of Solid Waste and Emergency Response,
Chemical Emergency Preparedness and Prevention Office, has made these
documents available on-line for examination and download at
yosemite.epa.gov/oswer/Ceppoweb.nsf/content/serc-lepc-publications.htm.
c)
The plan must describe arrangements agreed to by local police department, fire
departments, hospitals, contractors, and State and local emergency response teams
to coordinate emergency services, pursuant to Section 725.137.
d)
The plan must list names, addresses, and phone numbers (office and home) of all
432
persons qualified to act as emergency coordinator (see Section 725.155), 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.
e)
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.
f)
The plan must include an evacuation plan for facility personnel where there is a
possibility that evacuation could be necessary. This plan must describe signals to
be used to begin evacuation, evacuation routes, and alternate evacuation routes (in
cases where the primary routes could be blocked by releases of hazardous waste
or fires).
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 725.156
Emergency Procedures
a)
Whenever there is an imminent or actual emergency situation, the emergency
coordinator (or his designee when the emergency coordinator is on call) must
immediately do the following:
1)
He or she must activate internal facility alarms or communication systems,
where applicable, to notify all facility personnel; and
2)
He or she must notify appropriate State or local agencies with designated
response roles if their help is needed.
b)
Whenever there is a release, fire, or explosion, the emergency coordinator must
immediately identify the character, exact source, amount, and a real
areal extent
of any released materials. He or she may do this by observation or review of
facility records or manifests and, if necessary, by chemical analysis.
c)
Concurrently, the emergency coordinator must 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 effects of any toxic, irritating, or asphyxiating gases that
are generated, or the effects of any hazardous surface water runoffs from water or
chemical agents used to control fire and heat-induced explosions).
d)
If the emergency coordinator determines that the facility has had a release, fire, or
explosion that could threaten human health or the environment outside the
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facility, he or she must report his findings as follows:
1)
If his assessment indicates that evacuation of local areas may be advisable,
the emergency coordinator must immediately notify appropriate local
authorities. He or she must be available to help appropriate officials
decide whether local areas should be evacuated; and
2)
The emergency coordinator must immediately notify either the
government official designated as the on-scene coordinator for that
geographical area (in the applicable regional contingency plan under
federal 40 CFR 300), or the National Response Center (using their 24-
hour toll free number 800-424-8802). The report must include the
following:
A)
The name and telephone number of reporter;
B)
The name and address of facility;
C)
The time and type of incident (e.g., release, fire, etc.);
D)
The name and quantity of materials involved, to the extent known;
E)
The extent of injuries, if any; and
F)
The possible hazards to human health or the environment outside
the facility.
e)
During an emergency the emergency coordinator must take all reasonable
measures necessary to ensure that fires, explosions, and releases do not occur,
recur, or spread to other hazardous waste at the facility. These measures must
include, where applicable, stopping processes and operations, collecting and
containing released waste, and removing or isolating containers.
f)
If the facility stops operations in response to a fire, explosion or release, the
emergency coordinator must monitor for leaks, pressure buildup, gas generation,
or ruptures in valves, pipes, or other equipment, wherever this is appropriate.
g)
Immediately after an emergency, the emergency coordinator must provide for
treating, storing, or disposing of recovered waste, contaminated soil, or surface
water, or any other material that results from a release, fire, or explosion at the
facility.
BOARD NOTE: Unless the owner or operator can demonstrate in accordance
with 35 Ill. Adm. Code 721.103(d) or (e) that the recovered material is not a
hazardous waste, the owner or operator becomes a generator of hazardous waste
and must manage it in accordance with all applicable requirements of 35 Ill. Adm.
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Code 722, 723, and 725.
h)
The emergency coordinator must ensure that, in the affected areas of the facility,
the following occur:
1)
No waste that may be incompatible with the released material is treated,
stored, or disposed of until cleanup procedures are completed; and
2)
All emergency equipment listed in the contingency plan is cleaned and fit
for its intended use before operations are resumed.
i)
The owner or operator must notify the Agency and other appropriate State and
local authorities that the facility is in compliance with subsection (h) of this
Section before operations are resumed in the affected areas of the facility.
ji)
The owner or operator must 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, it must submit a written report on the incident to the Agency.
The report must include the following information:
1)
The name, address, and telephone number of the owner or operator;
2)
The name, address, and telephone number of the facility;
3)
The date, time, and type of incident (e.g., fire, explosion, etc.);
4)
The name and quantity of materials involved;
5)
The extent of injuries, if any;
6)
An assessment of actual or potential hazards to human health or the
environment, where this is applicable; and
7)
The estimated quantity and disposition of recovered material that resulted
from the incident.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART E: MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING
Section 725.171
Use of Manifest System
a)
Receipt of manifested hazardous waste.
1)
The following requirements apply until Sept. 5, 2006: If a facility
receives hazardous waste accompanied by a manifest, the owner or
435
operator or its agent must
do each of the following:
A)
It must sign and date each copy of the manifest to certify that the
hazardous waste covered by the manifest was received;
B)
It must note any significant discrepancies in the manifest, as
defined in Section 725.172(a), on each copy of the manifest;
BOARD NOTE: An owner or operator of a facility whose
procedures under Section 725.113(c) include waste analysis need
not perform that analysis before signing the manifest and giving it
to the transporter. Section 725.172(b), however, requires the
owner or operator to report any unreconciled discrepancy
discovered during later analysis.
C)
It must immediately give the transporter at least one copy of the
signed manifest;
D)
It must send a copy of the manifest to the generator and the
Agency within 30 days of the date of delivery; and
E)
It must retain at the facility a copy of each manifest for at least
three years after the date of delivery.
2)
The following requirements apply effective Sept. 5, 2006:
A1)
If a facility receives hazardous waste accompanied by a manifest, the
owner, operator, or its agent must sign and date the manifest, as indicated
in subsection (a)(2)(B)
of this Section, to certify that the hazardous waste
covered by the manifest was received, that the hazardous waste was
received except as noted in the discrepancy space of the manifest, or that
the hazardous waste was rejected as noted in the manifest discrepancy
space.
B2)
If a facility receives a hazardous waste shipment accompanied by a
manifest, the owner, operator, or its agent must do the following:
iA)
It must sign and date, by hand, each copy of the manifest;
iiB)
It must note any discrepancies (as defined in Section 725.172(b))
on each copy of the manifest;
iiiC)
It must immediately give the transporter at least one copy of the
manifest;
ivD)
It must send a copy of the manifest to the generator within 30 days
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after delivery; and
vE)
It must retain at the facility a copy of each manifest for at least
three years after the date of delivery.
C3)
If a facility receives hazardous waste imported from a foreign source, the
receiving facility must mail a copy of the manifest to the following
address within 30 days after delivery: International Compliance
Assurance Division, OFA/OECA (2254A), U.S. Environmental Protection
Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW,
Washington, DC 20460.
BOARD NOTE: Subsection (a)(1) of this Section corresponds with 40 CFR
265.71(a) (2004), effective until Sept. 5, 2006. Subsection (a)(2) of this Section
corresponds with 40 CFR 265.71(a) (2005), effective Sept. 5, 2006.
b)
If a facility receives from a rail or water (bulk shipment) transporter hazardous
waste that is accompanied by a shipping paper containing all the information
required on the manifest (excluding the USEPA identification numbers, generator
certification, and signatures), the owner or operator or its agent must do each of
the following:
1)
It must sign and date each copy of the manifest or shipping paper (if the
manifest has not been received) to certify that the hazardous waste
covered by the manifest or shipping paper was received;
2)
It must note any significant discrepancies, as defined in Section
725.172(a), in the manifest or shipping paper (if the manifest has not been
received) on each copy of the manifest or shipping paper;
BOARD NOTE: The owner or operator of a facility whose procedures
under Section 725.113(c) include waste analysis need not perform that
analysis before signing the shipping paper and giving it to the transporter.
Section 725.172(b), however, requires reporting an unreconciled
discrepancy discovered during later analysis.
3)
It must immediately give the rail or water (bulk shipment) transporter at
least one copy of the manifest or shipping paper (if the manifest has not
been received);
4)
Forwarding copies of the manifest.
A)
Until Sept. 5, 2006: The facility owner or operator must send a
copy of the signed and dated manifest to the generator and to the
Agency within 30 days after the delivery; however, if the manifest
has not been received within 30 days after delivery, the owner or
437
operator, or its agent, must send a copy of the shipping paper
signed and dated to the generator; or
B4)
Effective Sept. 5, 2006: The owner or operator must send a copy of the
signed and dated manifest or a signed and dated copy of the shipping
paper (if the manifest has not been received within 30 days after delivery)
to the generator within 30 days after the delivery; and
BOARD NOTE: 35 Ill. Adm. Code 722.123(c) requires the generator to
send three copies of the manifest to the facility when hazardous waste is
sent by rail or water (bulk shipment). Subsection (b)(4)(A) is derived
from 40 CFR 265.74(b)(4) (2004), effective until Sept. 5, 2006.
Subsection (b)(4)(B) is derived from 40 CFR 265.74(b)(4) (2005),
effective Sept. 5, 2006.
5)
Retain at the facility a copy of the manifest and shipping paper (if signed
in lieu of the manifest at the time of delivery) for at least three years from
the date of delivery.
c)
Whenever a shipment of hazardous waste is initiated from a facility, the owner or
operator of that facility must comply with the requirements of 35 Ill. Adm. Code
722.
BOARD NOTE: The provisions of 35 Ill. Adm. Code 722.134 are applicable to
the on-site accumulation of hazardous wastes by generators. Therefore, the
provisions of 35 Ill. Adm. Code 722.134 apply only to owners or operators that
are shipping hazardous waste which they generated at that facility.
d)
Within three working days of the receipt of a shipment subject to Subpart H of 35
Ill. Adm. Code 722, the owner or operator of the facility must provide a copy of
the tracking document bearing all required signatures to the notifier; to the Office
of Enforcement and Compliance Assurance, Office of Compliance, Enforcement
Planning, Targeting and Data Division (2222A), Environmental Protection
Agency, 401 M St., SW, Washington, DC 20460; to the Bureau of Land, Division
of Land Pollution Control, Illinois Environmental Protection Agency, P.O. Box
19276, Springfield, IL 62794-9276; and to competent authorities of all other
concerned countries. The original copy of the tracking document must be
maintained at the facility for at least three years from the date of signature.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 725.172
Manifest Discrepancies
a)
The following requirements apply until Sept. 5, 2005:
1)
Manifest discrepancies are differences between the quantity or type of
438
hazardous waste designated on the manifest
or shipping paper and the
quantity or type of hazardous waste a facility actually receives.
2)
Significant discrepancies in quantity are defined as follows:
A)
For bulk waste, variations greater than 10 percent in weight, and
B)
For batch waste, any variation in piece count, such as a
discrepancy of one drum in a truckload.
3)
Significant discrepancies in type are obvious differences that can be
discovered by inspection or waste analysis, such as waste solvent
substituted for waste acid or toxic constituents not reported on the
manifest or shipping paper.
4)
Upon discovering a significant discrepancy, the owner or operator must
attempt to reconcile the discrepancy with the waste generator or
transporter (e.g., with telephone conversations). If the discrepancy is not
resolved within 15 days after receiving the waste, the owner or operator
must immediately submit to the Agency a letter describing the discrepancy
and attempts to reconcile it and a copy of the manifest or shipping paper at
issue.
b)
The following requirements apply effective Sept. 5, 2005:
1a)
“Manifest discrepancies” are defined as any one of the following:
A1)
Significant differences (as defined by subsection (b)(2) of this Section)
between the quantity or type of hazardous waste designated on the
manifest or shipping paper, and the quantity and type of hazardous waste a
facility actually receives;
B2)
Rejected wastes, which may be a full or partial shipment of hazardous
waste that the treatment, storage, or disposal facility cannot accept; or
C3)
Container residues, which are residues that exceed the quantity limits for
empty containers set forth in 35 Ill. Adm. Code 721.107(b).
2b)
“Significant differences in quantity” are defined as the appropriate of the
following: for bulk waste, variations greater than 10 percent in weight; or, for
batch waste, any variation in piece count, such as a discrepancy of one drum in a
truckload. “Significant differences in type” are defined as obvious differences
that can be discovered by inspection or waste analysis, such as waste solvent
substituted for waste acid, or as toxic constituents not reported on the manifest or
shipping paper.
439
3c)
Upon discovering a significant difference in quantity or type, the owner or
operator must attempt to reconcile the discrepancy with the waste generator or
transporter (e.g.
,
with telephone conversations). If the discrepancy is not resolved
within 15 days after receiving the waste, the owner or operator must immediately
submit to the Agency a letter describing the discrepancy and attempts to reconcile
it, and a copy of the manifest or shipping paper at issue.
4d)
Rejection of hazardous waste.
A1)
Upon rejecting waste or identifying a container residue that exceeds the
quantity limits for empty containers set forth in 35 Ill. Adm. Code
721.107(b), the facility must consult with the generator prior to
forwarding the waste to another facility that can manage the waste. If it is
impossible to locate an alternative facility that can receive the waste, the
facility may return the rejected waste or residue to the generator. The
facility must send the waste to the alternative facility or to the generator
within 60 days after the rejection or the container residue identification.
B2)
While the facility is making arrangements for forwarding rejected wastes
or residues to another facility under this Section, it must ensure that either
the delivering transporter retains custody of the waste, or the facility must
provide for secure, temporary custody of the waste, pending delivery of
the waste to the first transporter designated on the manifest prepared under
subsection (b)(5)
(e) or (b)(6) (f) of this Section.
5e)
Except as provided in subsection (b)(5)(G) (e)(7) of this Section, for full or partial
load rejections and residues that are to be sent off-site to an alternate facility, the
facility is required to prepare a new manifest in accordance with 35 Ill. Adm.
Code 722.120(a) and the following
instructions set forth in subsections (e)(1)
through (e)(6) of this Section:
A1)
Write the generator’s USEPA identification number in Item 1 of the new
manifest. Write the generator’s name and mailing address in Item 5 of the
new manifest. If the mailing address is different from the generator’s site
address, then write the generator’s site address in the designated space in
Item 5.
B2)
Write the name of the alternate designated facility and the facility’s
USEPA identification number in the designated facility block (Item 8) of
the new manifest.
C3)
Copy the manifest tracking number found in Item 4 of the old manifest to
the Special Handling and Additional Information Block of the new
manifest, and indicate that the shipment is a residue or rejected waste from
the previous shipment.
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D4)
Copy the manifest tracking number found in Item 4 of the new manifest to
the manifest reference number line in the Discrepancy Block of the old
manifest (Item 18a).
E5)
Write the USDOT description for the rejected load or the residue in Item 9
(USDOT Description) of the new manifest and write the container types,
quantity, and volumes of waste.
F6)
Sign the Generator’s/Offeror’s Certification to certify, as the offeror of the
shipment, that the waste has been properly packaged, marked and labeled
and is in proper condition for transportation.
G7)
For full load rejections that are made while the transporter remains present
at the facility, the facility may forward the rejected shipment to the
alternate facility by completing Item 18b of the original manifest and
supplying the information on the next destination facility in the Alternate
Facility space. The facility must retain a copy of this manifest for its
records, and then give the remaining copies of the manifest to the
transporter to accompany the shipment. If the original manifest is not
used, then the facility must use a new manifest and comply with
subsections (b)(5)(A)
(e)(1) through (b)(5)(F) (e)(6) of this Section.
6f)
Except as provided in subsection (b)(6)(G) (f)(7) of this Section, for rejected
wastes and residues that must be sent back to the generator, the facility is required
to prepare a new manifest in accordance with 35 Ill. Adm. Code 722.120(a) and
the following
instructions set forth in subsections (f)(1) through (f)(6) of this
Section:
A1)
Write the facility’s USEPA identification number in Item 1 of the new
manifest. Write the generator’s name and mailing address in Item 5 of the
new manifest. If the mailing address is different from the generator’s site
address, then write the generator’s site address in the designated space for
Item 5.
B2)
Write the name of the initial generator and the generator’s USEPA
identification number in the designated facility block (Item 8) of the new
manifest.
C3)
Copy the manifest tracking number found in Item 4 of the old manifest to
the Special Handling and Additional Information Block of the new
manifest, and indicate that the shipment is a residue or rejected waste from
the previous shipment.
D4)
Copy the manifest tracking number found in Item 4 of the new manifest to
the manifest reference number line in the Discrepancy Block of the old
manifest (Item 18a).
441
E5)
Write the USDOT description for the rejected load or the residue in Item 9
(USDOT Description) of the new manifest and write the container types,
quantity, and volumes of waste.
F6)
Sign the Generator’s/Offeror’s Certification to certify, as offeror of the
shipment, that the waste has been properly packaged, marked and labeled
and is in proper condition for transportation.
G7)
For full load rejections that are made while the transporter remains at the
facility, the facility may return the shipment to the generator with the
original manifest by completing Item 18b of the manifest and supplying
the generator’s information in the Alternate Facility space. The facility
must retain a copy for its records and then give the remaining copies of the
manifest to the transporter to accompany the shipment. If the original
manifest is not used, then the facility must use a new manifest and comply
with subsections (b)(6)(A)
(f)(1) through (b)(6)(F) (f)(6) of this Section.
7g)
If a facility rejects a waste or identifies a container residue that exceeds the
quantity limits for empty containers set forth in 35 Ill. Adm. Code 721.107(b)
after it has signed, dated, and returned a copy of the manifest to the delivering
transporter or to the generator, the facility must amend its copy of the manifest to
indicate the rejected wastes or residues in the discrepancy space of the amended
manifest. The facility must also copy the manifest tracking number from Item 4
of the new manifest to the Discrepancy space of the amended manifest, and must
re-sign and date the manifest to certify to the information as amended. The
facility must retain the amended manifest for at least three years from the date of
amendment, and must within 30 days, send a copy of the amended manifest to the
transporter and generator that received copies prior to their being amended.
BOARD NOTE: Subsection (a) is derived from 40 CFR 265.72 (2004), effective until Sept. 5,
2006. Subsection (b) is derived from 40 CFR 265.72 (2005), effective Sept. 5, 2006.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 725.173
Operating Record
a)
The owner or operator must keep a written operating record at the facility.
b)
The following information must be recorded as it becomes available and
maintained in the operating record until closure of the facility
for three years
unless otherwise provided as follows:
1)
A description and the quantity of each hazardous waste received and the
method or
methods and date or dates of its treatment, storage, or disposal
at the facility, as required by Appendix A to this Part. This information
442
must be maintained in the operating record until closure of the facility
;
2)
The location of each hazardous waste within the facility and the quantity
at each location. For disposal facilities the location and quantity of each
hazardous waste must be recorded on a map or diagram of
that shows each
cell or disposal area. For all facilities this information must include cross-
references to specific
manifest document numbers if the waste was
accompanied by a manifest. This information must be maintained in the
operating record until closure of the facility;
BOARD NOTE: See Sections 725.219, 725.379, and 725.409 for related
requirements.
3)
Records and results of waste analysis, waste determinations, and trial tests
performed, as specified in Sections 725.113, 725.300, 725.325, 725.352,
725.373, 725.414, 725.441, 725.475, 725.502, 725.934, 725.963, and
725.984 and 35 Ill. Adm. Code 728.104(a) and 728.107;
4)
Summary reports and details of all incidents that require implementing the
contingency plan, as specified in Section 725.156(j);
5)
Records and results of inspections, as required by Section 725.115(d)
(except these data need be kept only three years);
6)
Monitoring, testing, or analytical data, where required by Subpart F of this
Part or Sections 725.119, 725.190,
725.194, 725.291, 725.293, 725.295,
725.322, 725.323,
725.324, 725.326, 725.355, 725.359, 725.360, 725.376,
725.378, 725.380(d)(1), 725.402 through
, 725.404, 725.447, 725.477,
725.934(c) through (f), 725.935, 725.963(d) through (i), 725.964, and
725.1083 through 725.990. Maintain in the operating record for three
years, except for records and results pertaining to ground-water
monitoring and cleanup, and response action plans for surface
impoundments, waste piles, and landfills, which must be maintained in the
operating record until closure of the facility;
BOARD NOTE: As required by Section 725.194, monitoring data at
disposal facilities must be kept throughout the post-closure period.
7)
All closure cost estimates under Section 725.242 and, for disposal
facilities, all post-closure cost estimates under Section 725.244 must be
maintained in the operating record until closure of the facility;
8)
Records of the quantities (and date of placement) for each shipment of
hazardous waste placed in land disposal units under an extension of the
effective date of any land disposal restriction granted pursuant to 35 Ill.
Adm. Code 728.105, a petition pursuant to 35 Ill. Adm. Code 728.106, or
443
a certification under 35 Ill. Adm. Code 728.108 and the applicable notice
required of a generator under 35 Ill. Adm. Code 728.107(a). All of this
information must be maintained in the operating record until closure of the
facility;
9)
For an off-site treatment facility, a copy of the notice and the certification
and demonstration, if applicable, required of the generator or the owner or
operator under 35 Ill. Adm. Code 728.107 or 728.108;
10)
For an on-site treatment facility, the information contained in the notice
(except the manifest number) and the certification and demonstration, if
applicable, required of the generator or the owner or operator under 35 Ill.
Adm. Code 728.107 or 728.108;
11)
For an off-site land disposal facility, a copy of the notice and the
certification and demonstration, if applicable, required of the generator or
the owner or operator of a treatment facility under 35 Ill. Adm. Code
728.107 or 728.108;
12)
For an on-site land disposal facility, the information contained in the
notice required of the generator or owner or operator of a treatment
facility under 35 Ill. Adm. Code 728.107, except for the manifest number,
and the certification and demonstration, if applicable, required under 35
Ill. Adm. Code 728.107 or 728.108;
13)
For an off-site storage facility, a copy of the notice and the certification
and demonstration, if applicable, required of the generator or the owner or
operator under 35 Ill. Adm. Code 728.107 or 728.108; and
14)
For an on-site storage facility, the information contained in the notice
(except the manifest number) and the certification and demonstration, if
applicable, required of the generator or the owner or operator under 35 Ill.
Adm. Code 728.107 or 728.108.
15)
Monitoring, testing or analytical data, and corrective action, where
required by Sections 725.190 and 725.193(d)(2) and (d)(5), and the
certification, as required by Section 725.196(f), must be maintained in the
operating record until closure of the facility.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 725.176
Unmanifested Waste Report
a)
The following requirements apply until Sept. 5, 2005: If a facility accepts for
treatment, storage, or disposal any hazardous waste from an off-site source
without an accompanying manifest or without an accompanying shipping paper,
444
as described in 35 Ill. Adm. Code 723.120(e)(2), and, if the waste is not excluded
from the manifest requirement by 35 Ill. Adm. Code 721.105, then the owner or
operator must prepare and submit a single copy of a report to the Agency within
15 days after receiving the waste. The unmanifested waste report must be
submitted on USEPA form 8700-13B. Such report must be designated
“Unmanifested Waste Report” and must include the following information:
1)
The USEPA identification number, name, and address of the facility;
2)
The date the facility received the waste;
3)
The USEPA identification number, name, and address of the generator
and the transporter, if available;
4)
A description and the quantity of each unmanifested hazardous waste the
facility received;
5)
The method of treatment, storage, or disposal for each hazardous waste;
6)
The certification signed by the owner or operator of the facility or its
authorized representative; and
7)
A brief explanation of why the waste was unmanifested, if known.
ba)
The following requirements apply effective Sept. 5, 2005: If a facility accepts for
treatment, storage, or disposal any hazardous waste from an off-site source
without an accompanying manifest, or without an accompanying shipping paper,
as described by 35 Ill. Adm. Code 723.120(e), and if the waste is not excluded
from the manifest requirement by 35 Ill. Adm. Code 260 through 265, then the
owner or operator must prepare and submit a letter to the Agency within 15 days
after receiving the waste. The unmanifested waste report must contain the
following information:
1)
The USEPA identification number, name, and address of the facility;
2)
The date the facility received the waste;
3)
The USEPA identification number, name, and address of the generator
and the transporter, if available;
4)
A description and the quantity of each unmanifested hazardous waste the
facility received;
5)
The method of treatment, storage, or disposal for each hazardous waste;
6)
The certification signed by the owner or operator of the facility or its
445
authorized representative; and
7)
A brief explanation of why the waste was unmanifested, if known.
b)
This subsection (b) corresponds with 40 CFR 265.76(b), which USEPA has
marked “reserved.” This statement maintains structural consistency with the
corresponding federal regulations.
BOARD NOTE: Small quantities of hazardous waste are excluded from regulation under this
Part and do not require a manifest. Where a facility received unmanifested hazardous waste,
USEPA has suggested that the owner or operator obtain from each generator a certification that
the waste qualifies for exclusion. Otherwise, USEPA has suggested that the owner or operator
file an unmanifested waste report for the hazardous waste movement. Subsection (a) is derived
from 40 CFR 265.76 (2004), effective until Sept. 5, 2006. Subsection (b) is derived from 40
CFR 265.76 (2005), effective Sept. 5, 2006.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART F: GROUNDWATER MONITORING
Section 725.190
Applicability
a)
The owner or operator of a surface impoundment, landfill, or land treatment
facility that is used to manage hazardous waste must implement a groundwater
monitoring program capable of determining the facility’s impact on the quality of
groundwater in the uppermost aquifer underlying the facility, except as Section
725.101 and subsection (c) of this Section provide otherwise.
b)
Except as subsections (c) and (d) of this Section provide otherwise, the owner or
operator must install, operate, and maintain a groundwater monitoring system that
meets the requirements of Section 725.191 and must comply with Sections
725.192 through 725.194. This groundwater monitoring program must be carried
out during the active life of the facility and for disposal facilities during the post-
closure care period as well.
c)
All or part of the groundwater monitoring requirements of this Subpart F may be
waived if the owner or operator can demonstrate that there is a low potential for
migration of hazardous waste or hazardous waste constituents from the facility via
the uppermost aquifer to water supply wells (domestic, industrial, or agricultural)
or to surface water. This demonstration must be in writing and must be kept at
the facility. This demonstration must be certified by a qualified geologist or
geotechnical engineer and must establish the following:
1)
The potential for migration of hazardous waste or hazardous waste
constituents from the facility to the uppermost aquifer by an evaluation of
the following information:
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A)
A water balance of precipitation, evapotranspiration, runoff, and
infiltration; and
B)
Unsaturated zone characteristics (i.e., geologic materials, physical
properties, and depth to ground water); and
2)
The potential for hazardous waste or hazardous waste constituents that
enter the uppermost aquifer to migrate to a water supply well or surface
water by an evaluation of the following information:
A)
Saturated zone characteristics (i.e., geologic materials, physical
properties, and rate of groundwater flow); and
B)
The proximity of the facility to water supply wells or surface
water.
d)
If an owner or operator assumes (or knows) that groundwater monitoring of
indicator parameters in accordance with Sections 725.191 and 725.192 would
show statistically significant increases (or decreases in the case of pH) when
evaluated pursuant to Section 725.193(b), it may install, operate, and maintain an
alternate groundwater monitoring system (other than the one described in
Sections 725.191 and 725.192). If the owner or operator decides to use an
alternate groundwater monitoring system it must have done as follows:
1)
By Nov. 19, 1981, the
The owner or operator must have submitted to the
USEPA Region 5 develop a specific plan, certified by a qualified
geologist or geotechnical engineer, that satisfies the requirements of
federal 40 CFR 265.93(d)(3) for an alternate groundwater monitoring
system. This plan is to be placed in the facility’s operating record and
maintained until closure of the facility;
2)
By Nov. 19, 1981, the
The owner or operator must have initiated the
determinations specified in federal 40 CFR 265.93(d)(4);
3)
The owner or operator must have prepared and submitted
prepare a written
report in accordance with Section 725.193(d)(5) and place it in the
facility’s operating record and maintain until closure of the facility;
4)
The owner or operator must continue to make the determinations specified
in Section 725.193(d)(4) on a quarterly basis until final closure of the
facility; and
5)
The owner or operator must comply with the recordkeeping and reporting
requirements in Section 725.194(b).
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e)
The groundwater monitoring requirements of this Subpart F may be waived with
respect to any surface impoundment of which the following is true:
1)
The impoundment is used to neutralize wastes that are hazardous solely
because they exhibit the corrosivity characteristic pursuant to 35 Ill. Adm.
Code 721.122 or which are listed as hazardous wastes in Subpart D of 35
Ill. Adm. Code 721 only for this reason; and
2)
The impoundment contains no other hazardous wastes, if the owner or
operator can demonstrate that there is no potential for migration of
hazardous wastes from the impoundment. The demonstration must
establish, based upon consideration of the characteristics of the wastes and
the impoundment, that the corrosive wastes will be neutralized to the
extent that they no longer meet the corrosivity characteristic before they
can migrate out of the impoundment. The demonstration must be in
writing and must be certified by a qualified professional.
f)
A permit or enforceable document can contain alternative requirements for
groundwater monitoring that replace all or part of the requirements of this Subpart F
applicable to a regulated unit (as defined in 35 Ill. Adm. Code 724.190), as provided
pursuant to 35 Ill. Adm. Code 703.161, where the Board has determined by an
adjusted standard granted pursuant to Section 28.1 of the Act [415 ILCS 5/28.1]
and Subpart D of 35 Ill. Adm. Code 104 the following:
1)
The regulated unit is situated among solid waste management units (or areas
of concern), a release has occurred, and both the regulated unit and one or
more solid waste management units (or areas of concern) are likely to have
contributed to the release; and
2)
It is not necessary to apply the groundwater monitoring requirements of this
Subpart F because the alternative requirements will adequately protect
human health and the environment. The alternative standards for the
regulated unit must meet the requirements of 35 Ill. Adm. Code
724.201(a).
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 725.193
Preparation, Evaluation, and Response
a)
By no later than Nov. 19, 1981, the owner or operator must have prepared an
outline of a groundwater quality assessment program. The outline must describe
a more comprehensive groundwater monitoring program (than that described in
Sections 725.191 and 725.192) capable of determining each of the following:
1)
Whether hazardous waste or hazardous waste constituents have entered
the groundwater;
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2)
The rate and extent of migration of hazardous waste or hazardous waste
constituents in the groundwater; and
3)
The concentrations of hazardous waste or hazardous waste constituents in
the groundwater.
b)
For each indicator parameter specified in Section 725.192(b)(3), the owner or
operator must calculate the arithmetic mean and variance, based on at least four
replicate measurements on each sample, for each well monitored in accordance
with Section 725.192(d)(2) and compare these results with its initial background
arithmetic mean. The comparison must consider individually each of the wells in
the monitoring system and must use the Student’s t-test at the 0.01 level of
significance (see Appendix D) to determine statistically significant increases (and
decreases, in the case of pH) over initial background.
c)
Well comparisons.
1)
If the comparisons for the upgradient wells made under subsection (b) of
this Section show a significant increase (or pH decrease) the owner or
operator must submit this information in accordance with Section
725.194(a)(2)(B).
2)
If the comparisons for downgradient wells made under subsection (b) of
this Section show a significant increase (or pH decrease) the owner or
operator must then immediately obtain additional groundwater samples for
those downgradient wells where a significant difference was detected,
split the samples in two and obtain analyses of all additional samples to
determine whether the significant difference was a result of laboratory
error.
d)
Notice to the Agency.
1)
If the analyses performed under subsection (c)(2) of this Section confirm
the significant increase (or pH decrease) the owner or operator must
provide written notice to the Agency--within seven days after the date of
such confirmation--that the facility may be affecting groundwater quality.
2)
Within 15 days after the notification under subsection (d)(1) of this
Section, the owner or operator must develop and submit to the Agency
a
specific plan, based on the outline required under subsection (a) of this
Section and certified by a qualified geologist or geotechnical engineer for
a groundwater quality assessment program
at the facility. This plan must
be placed in the facility operating record and be maintained until closure
of the facility.
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3)
The plan to be submitted under Section 725.190(d)(1) or subsection (d)(2)
of this Section must specify all of the following:
A)
The number, location, and depth of wells;
B)
Sampling and analytical methods for those hazardous wastes or
hazardous waste constituents in the facility;
C)
Evaluation procedures, including any use of previously gathered
groundwater quality information; and
D)
A schedule of implementation.
4)
The owner or operator must implement the groundwater quality
assessment plan that satisfies the requirements of subsection (d)(3) of this
Section and, at a minimum, determine each of the following:
A)
The rate and extent of migration of the hazardous waste or
hazardous waste constituents in the groundwater; and
B)
The concentrations of the hazardous waste or hazardous waste
constituents in the groundwater.
5)
The owner or operator must make his first determination under subsection
(d)(4) of this Section,
as soon as technically feasible and, within 15 days
after that determination, submit to the Agency a written and prepare a
report containing an assessment of the groundwater quality. This report
must be placed in the facility operating record and be maintained until
closure of the facility.
6)
If the owner or operator determines, based on the results of the first
determination under subsection (d)(4) of this Section, that no hazardous
waste or hazardous waste constituents from the facility have entered the
groundwater, then he may reinstate the indicator evaluation program
described in Section 725.192 and subsection (b) of this Section. If the
owner or operator reinstates the indicator evaluation program, he must so
notify the Agency in the report submitted under subsection (d)(5) of this
Section.
7)
If the owner or operator determines, based on the first determination under
subsection (d)(4) of this Section, that hazardous waste or hazardous waste
constituents from the facility have entered the groundwater, then the
owner or operator must do either of the following:
A)
It must continue to make the determinations required under
subsection (d)(4) of this Section on a quarterly basis until final
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closure of the facility if the groundwater quality assessment plan
was implemented prior to final closure of the facility; or
B)
It may cease to make the determinations required under subsection
(d)(4) of this Section if the groundwater quality assessment plan
was implemented during the post-closure care period.
e)
Notwithstanding any other provision of this Subpart F, any groundwater quality
assessment to satisfy the requirements of subsection (d)(4) of this Section that is
initiated prior to final closure of the facility must be completed and reported in
accordance with subsection (d)(5) of this Section.
f)
Unless the groundwater is monitored to satisfy the requirements of subsection
(d)(4) of this Section at least annually the owner or operator must evaluate the
data on groundwater surface elevations obtained under Section 725.192(e) to
determine whether the requirements under Section 725.191(a) for locating the
monitoring wells continues to be satisfied. If the evaluation shows that Section
725.191(a) is no longer satisfied, the owner or operator must immediately modify
the number, location, or depth of the monitoring wells to bring the groundwater
monitoring system into compliance with this requirement.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART G: CLOSURE AND POST-CLOSURE CARE
Section 725.212
Closure Plan; Amendment of Plan
a)
Written plan. Within six months after the effective date of the rule that first
subjects a facility to provisions of this Section, the owner or operator of a
hazardous waste management facility must have a written closure plan. Until
final closure is completed and certified in accordance with Section 725.215, a
copy of the most current plan must be furnished to the Agency upon request
including request by mail. In addition, for facilities without approved plans, it
must also be provided during site inspections on the day of inspection to any
officer, employee, or representative of the Agency.
b)
Content of plan. The plan must identify the steps necessary to perform partial or
final closure of the facility at any point during its active life. The closure plan
must include the following minimal information:
1)
A description of how each hazardous waste management unit at the
facility will be closed in accordance with Section 725.211;
2)
A description of how final closure of the facility will be conducted in
accordance with Section 725.211. The description must identify the
maximum extent of the operation that will be unclosed during the active
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life of the facility;
3)
An estimate of the maximum inventory of hazardous wastes ever on-site
over the active life of the facility and a detailed description of the methods
to be used during partial and final closure, including, but not limited to
methods for removing, transporting, treating, storing, or disposing of all
hazardous waste, and identification of and the types of off-site hazardous
waste management units to be used, if applicable;
4)
A detailed description of the steps needed to remove or decontaminate all
hazardous waste residues and contaminated containment system
components, equipment, structures, and soils during partial and final
closure including, but not limited to, procedures for cleaning equipment
and removing contaminated soils, methods for sampling and testing
surrounding soils, and criteria for determining the extent of
decontamination necessary to satisfy the closure performance standard;
5)
A detailed description of other activities necessary during the partial and
final closure period
periods to ensure that all partial closures and final
closure satisfy the closure performance standards, including, but not
limited to, groundwater monitoring, leachate collection, and runon and
runoff control;
6)
A schedule for closure of each hazardous waste management unit and for
final closure of the facility. The schedule must include, at a minimum, the
total time required to close each hazardous waste management unit and the
time required for intervening closure activities that will allow tracking of
the progress of partial and final closure. (For example, in the case of a
landfill unit, estimates of the time required to treat or dispose of all
hazardous waste inventory and of the time required to place a final cover
must be included.);
7)
An estimate of the expected year of final closure for facilities that use trust
funds to demonstrate financial assurance under Section 725.243 or
725.245 and whose remaining operating life is less than twenty years, and
for facilities without approved closure plans; and
8)
For a facility where alternative requirements are established at a regulated
unit under Section 725.190(f), 725.210(d), or 725.240(d), as provided under
35 Ill. Adm. Code 703.161, either the alternative requirements applying to
the regulated unit or a reference to the enforceable document containing
those alternative requirements.
c)
Amendment of plan. The owner or operator may amend the closure plan at any
time prior to the notification of partial or final closure of the facility. An owner
or operator with an approved closure plan must submit a written request to the
452
Agency to authorize a change to the approved closure plan. The written request
must include a copy of the amended closure plan for approval by the Agency.
1)
The owner or operator must amend the closure plan whenever any of the
following occurs:
A)
Changes in the operating plans or facility design affect the closure
plan;
B)
Whenever there is a change in the expected year of closure, if
applicable;
C)
In conducting partial or final closure activities, unexpected events
require a modification of the closure plan; or
D)
The owner or operator requests the establishment of alternative
requirements, as provided under 35 Ill. Adm. Code 703.161, to a
regulated unit under Section 725.190(f), 725.210(c), or 725.240(d).
2)
The owner or operator must amend the closure plan at least 60 days prior
to the proposed change in facility design or operation, or no later than 60
days after an unexpected event has occurred that has affected the closure
plan. If an unexpected event occurs during the partial or final closure
period, the owner or operator must amend the closure plan no later than 30
days after the unexpected event. These provisions also apply to owners or
operators of surface impoundments and waste piles that intended to
remove all hazardous wastes at closure, but are required to close as
landfills in accordance with Section 725.410.
3)
An owner or operator with an approved closure plan must submit the
modified plan to the Agency at least 60 days prior to the proposed change
in facility design or operation, or no more than 60 days after an
unexpected event has occurred that has affected the closure plan. If an
unexpected event has occurred during the partial or final closure period,
the owner or operator must submit the modified plan no more than 30 days
after the unexpected event. These provisions also apply to owners or
operators of surface impoundments and waste piles that intended to
remove all hazardous wastes at closure but are required to close as
landfills in accordance with Section 725.410. If the amendment to the
plan is a Class 2 or 3 modification according to the criteria in 35 Ill. Adm.
Code 703.280, the modification to the plan must be approved according to
the procedures in subsection (d)(4) of this Section.
4)
The Agency may request modifications to the plan under the conditions
described in subsection (c)(1) of this Section. An owner or operator with
an approved closure plan must submit the modified plan within 60 days
453
after the request from the Agency, or within 30 days if the unexpected
event occurs during partial or final closure. If the amendment is
considered a Class 2 or 3 modification according to the criteria in 35 Ill.
Adm. Code 703.280, the modification to the plan must be approved in
accordance with the procedures in subsection (d)(4) of this Section.
d)
Notification of partial closure and final closure.
1)
When notice is required.
A)
The owner or operator must submit the closure plan to the Agency
at least 180 days prior to the date on which the owner or operator
expects to begin closure of the first surface impoundment, waste
pile, land treatment, or landfill unit, or final closure if it involves
such a unit, whichever is earlier.
B)
The owner or operator must submit the closure plan to the Agency
at least 45 days prior to the date on which the owner or operator
expects to begin partial or final closure of a boiler or industrial
furnace.
C)
The owner or operator must submit the closure plan to the Agency
at least 45 days prior to the date on which the owner or operator
expects to begin final closure of a facility with only tanks,
container storage, or incinerator units.
D)
An owner or operator with an approved closure plan must notify
the Agency in writing at least 60 days prior to the date on which
the owner or operator expects to begin closure of a surface
impoundment, waste pile, landfill, or land treatment unit, or final
closure of a facility involving such a unit.
E)
An owner or operator with an approved closure plan must notify
the Agency in writing at least 45 days prior to the date on which
the owner or operator expects to begin partial or final closure of a
boiler or industrial furnace.
F)
An owner or operator with an approved closure plan must notify
the Agency in writing at least 45 days prior to the date on which
the owner or operator expects to begin final closure of a facility
with only tanks, container storage, or incinerator units.
2)
The date when the owner or operator “expects to begin closure” must be
either of the following dates:
A)
Within 30 days after the date on which any hazardous waste
454
management unit receives the known final volume of hazardous
wastes or, if there is a reasonable possibility that the hazardous
waste management unit will receive additional hazardous wastes,
no later than one year after the date on which the unit received the
most recent volume of hazardous waste. If the owner or operator
of a hazardous waste management unit demonstrates to the Agency
that the hazardous waste management unit or facility has the
capacity to receive additional hazardous wastes and that the owner
or operator has taken and will continue to take, all steps to prevent
threats to human health and the environment, including compliance
with all interim status requirements, the Agency must approve an
extension to this one-year limit; or
B)
For units meeting the requirements of Section 725.213(d), no later
than 30 days after the date on which the hazardous waste
management unit receives the known final volume of non-
hazardous wastes or, if there is a reasonable possibility that the
hazardous waste management unit will receive additional non-
hazardous wastes, no later than one year after the date on which
the unit received the most recent volume of non-hazardous wastes.
If the owner or operator demonstrates to the Agency that the
hazardous waste management unit has the capacity to receive
additional non-hazardous wastes and that the owner and operator
have taken, and will continue to take, all steps to prevent threats to
human health and the environment, including compliance with all
applicable interim status requirements, the Agency must approve
an extension to this one-year limit.
3)
The owner or operator must submit the closure plan to the Agency no later
than 15 days after occurrence of either of the following events:
A)
Termination of interim status (except when a permit is issued to
the facility simultaneously with termination of interim status); or
B)
Issuance of a judicial decree or Board order to cease receiving
hazardous wastes or to close the facility or unit.
4)
The Agency must provide the owner or operator and the public, through a
newspaper notice, the opportunity to submit written comments on the plan
and request modifications of the plan no later than 30 days from the date
of the notice. The Agency must also, in response to a request or at its own
discretion, hold a public hearing whenever such a hearing might clarify
one or more issues concerning a closure plan. The Agency must give
public notice of the hearing at least 30 days before it occurs. (Public
notice of the hearing may be given at the same time as notice of the
opportunity for the public to submit written comments and the two notices
455
may be combined.) The Agency must approve, modify, or disapprove the
plan within 90 days after its receipt. If the Agency does not approve the
plan, the Agency must provide the owner or operator with a detailed
written statement of reasons for the refusal, and the owner or operator
must modify the plan or submit a new plan for approval within 30 days
after receiving such written statement. The Agency must approve or
modify this plan in writing within 60 days. If the Agency modifies the
plan, this modified plan becomes the approved closure plan. The Agency
must assure that the approved plan is consistent with Sections 725.211
through 725.215 and the applicable requirements of Sections 725.190 et
seq., 725.297, 725.328, 725.358, 725.380, 725.410, 725.451, 725.481,
725.504, and 724.1102
725.1102. A copy of this modified plan with a
detailed statement of reasons for the modifications must be mailed to the
owner or operator.
e)
Removal of wastes and decontamination or dismantling of equipment. Nothing in
this Section precludes the owner or operator from removing hazardous wastes and
decontaminating or dismantling equipment in accordance with the approved
partial or final closure plan at any time before or after notification of partial or
final closure.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 725.213
Closure; Time Allowed for Closure
a)
Within 90 days after receiving the final volume of hazardous wastes, or the final
volume of non-hazardous wastes, if the owner or operator complies with all the
applicable requirements of subsections (d) and (e) of this Section at a hazardous
waste management unit or facility, or 90 days after approval of the closure plan,
whichever is later, the owner or operator must treat, remove from the unit or
facility, or dispose of on-site all hazardous wastes in accordance with the
approved closure plan. The Agency must approve a longer period if the owner or
operator demonstrates the following:
1)
The need to remain in operation by showing either of the following
conditions exists:
A)
The activities required to comply with this subsection (a) will, of
necessity, take longer than 90 days to complete; or
B)
All of the following conditions are true:
i)
The hazardous waste management unit or facility has the
capacity to receive additional hazardous wastes, or has the
capacity to receive non-hazardous wastes, if the owner or
operator complies with subsections (d) and (e) of this
456
Section;
ii)
There is a reasonable likelihood that the owner or operator,
or another person will recommence operation of the
hazardous waste management unit or facility within one
year; and
iii)
Closure of the hazardous waste management unit or facility
would be incompatible with continued operation of the site;
and
2)
The owner or operator has taken and will continue to take all steps to
prevent threats to human health and the environment including compliance
with all applicable interim status requirements.
b)
The owner or operator must complete partial and final closure activities in
accordance with the approved closure plan and within 180 days after receiving the
final volume of hazardous wastes, or the final volume of non-hazardous wastes, if
the owner or operator complies with all applicable requirements of subsections
(d) and (e) of this Section at the hazardous waste management unit or facility, or
180 days after approval of the closure plan, if that is later. The Agency must
approve an extension to the closure period if the owner or operator demonstrates
the following:
1)
The need to remain in operation by showing either of the following
conditions exists:
A)
The partial or final closure activities will, of necessity, take longer
than 180 days to complete; or
B)
All of the following conditions are true:
i)
The hazardous waste management unit or facility has the
capacity to receive additional hazardous wastes, or the final
volume of non-hazardous wastes, if the owner or operator
complies with all the applicable requirements of
subsections (d) and (e) of this Section; and
ii)
There is a reasonable likelihood that the owner or operator
or another person will recommence operation of the
hazardous waste management unit or facility within one
year; and
iii)
Closure of the hazardous waste management unit or facility
would be incompatible with continued operation of the site;
and
457
2)
The owner or operator has taken and will continue to take all steps to
prevent threats to human health and the environment from the unclosed
but not operating hazardous waste management unit or facility, including
compliance with all applicable interim status requirements.
c)
The demonstration referred to in subsections (a)(1) and (b)(1) of this Section must
be made as follows:
1)
The demonstration in subsection (a)(1) of this Section must be made at
least 30 days prior to the expiration of the 90-day period in subsection (a)
of this Section; and
2)
The demonstrations in subsection (b)(1) of this Section must be made at
least 30 days prior to the expiration of the 180-day period in subsection
(b) of this Section, unless the owner or operator is otherwise subject to
deadlines in subsection (d) of this Section.
d)
Continued receipt of non-hazardous waste. The Agency must permit an owner or
operator to receive non-hazardous wastes in a landfill, land treatment unit or
surface impoundment unit after the final receipt of hazardous wastes at that unit if
the following are true:
1)
The owner or operator submits an amended Part B application, or a new
Part B application if none was previously submitted, and demonstrates the
following:
A)
The unit has the existing design capacity as indicated on the Part A
application to receive non-hazardous wastes;
B)
There is a reasonable likelihood that the owner or operator or
another person will receive non-hazardous waste in the unit within
one year after the final receipt of hazardous wastes;
C)
The non-hazardous wastes will not be incompatible with any
remaining wastes in the unit, or with the facility design and
operating requirements of the unit or facility pursuant to this Part;
D)
Closure of the hazardous waste management unit would be
incompatible with continued operation of the unit or facility; and
E)
The owner or operator is operating and will continue to operate in
compliance with all applicable interim status requirements;
2)
The Part B application includes an amended waste analysis plan,
groundwater monitoring and response program, human exposure
458
assessment required pursuant to 35 Ill. Adm. Code 703.186, closure and
post-closure care plans, updated cost estimates, and demonstrations of
financial assurance for closure and post-closure care, as necessary and
appropriate, to reflect any changes due to the presence of hazardous
constituents in the non-hazardous wastes and changes in closure activities,
including the expected year of closure, if applicable pursuant to Section
725.212(b)(7), as a result of the receipt of non-hazardous wastes following
the final receipt of hazardous wastes;
3)
The Part B application is amended, as necessary and appropriate, to
account for the receipt of non-hazardous wastes following receipt of the
final volume of hazardous wastes; and
4)
The Part B application and the demonstrations referred to in subsections
(d)(1) and (d)(2) of this Section are submitted to the Agency no later than
180 days prior to the date on which the owner or operator of the facility
receives the known final volume of hazardous wastes or no later than 90
days after this Section applies to the facility, whichever is later.
e)
Surface impoundments. In addition to the requirements in subsection (d) of this
Section, an owner or operator of a hazardous waste surface impoundment that is
not in compliance with the liner and leachate collection system requirements in
Section 725.321(a) must receive non-hazardous wastes only as authorized by an
adjusted standard pursuant to this subsection (e).
1)
The petition for adjusted standard must include the following:
A)
A plan for removing hazardous wastes; and
B)
A contingent corrective measures plan.
2)
The removal plan must provide for the following:
A)
Removing all hazardous liquids;
B)
Removing all hazardous sludges to the extent practicable without
impairing the integrity of the liner or liners, if any; and
C)
Removal of hazardous wastes no later than 90 days after the final
receipt of hazardous wastes. The Board will allow a longer time, if
the owner or operator demonstrates the following:
i)
That the removal of hazardous wastes will, of necessity,
take longer than the allotted period to complete; and
ii)
That an extension will not pose a threat to human health
459
and the environment.
3)
The following is required of contingent corrective measures plan:
A)
It must meet the requirements of a corrective action plan pursuant
to Section 724.199, based upon the assumption that a release has
been detected from the unit.
B)
It may be a portion of a corrective action plan previously submitted
pursuant to Section 724.199.
C)
It may provide for continued receipt of non-hazardous wastes at
the unit following a release only if the owner or operator
demonstrates that continued receipt of wastes will not impede
corrective action.
D)
It must provide for implementation within one year after a release,
or within one year after the grant of the adjusted standard,
whichever is later.
4)
Release. A release is a statistically significant increase (or decrease in the
case of pH) in hazardous constituents over background levels, detected in
accordance with the requirements in Subpart F of this Part.
5)
In the event of a release, the owner or operator of the unit must perform
the following actions:
A)
Within 35 days, the owner or operator must file with the Board a
petition for adjusted standard pursuant to Section 28.1 of the Act
[415 ILCS 5/28.1] and Subpart D of 35 Ill. Adm. Code 104. If the
Board finds that it is necessary to do so in order to adequately
protect human health and the environment, the Board will modify
the adjusted standard to require the owner or operator to perform
either of the following actions:
i)
Begin to implement the corrective measures plan in less
than one year; or
ii)
Cease the receipt of wastes until the plan has been
implemented.
iii)
The Board will retain jurisdiction or condition the adjusted
standard so as to require the filing of a new petition to
address any required closure pursuant to subsection (e)(7)
of this Section;
460
B)
The owner or operator must implement the contingent corrective
measures plan; and
C)
The owner or operator may continue to receive wastes at the unit if
authorized by the approved contingent measures plan.
6)
Semi-annual
Annual report. During the period of corrective action, the
owner or operator must provide semi-annual
annual reports to the Agency
that fulfill the following requirements:
A)
They must
describe the progress of the corrective action program;
B)
They must
compile all groundwater monitoring data; and
C)
They must
evaluate the effect of the continued receipt of non-
hazardous wastes on the effectiveness of the corrective action.
7)
Required closure. The owner or operator must commence closure of the
unit in accordance with the closure plan and the requirements of this Part
if the Board terminates the adjusted standard, or if the adjusted standard
terminates pursuant to its terms.
A)
The Board will terminate the adjusted standard if the owner or
operator failed to implement corrective action measures in
accordance with the approved contingent corrective measures plan.
B)
The Board will terminate the adjusted standard if the owner or
operator fails to make substantial progress in implementing the
corrective measures plan and achieving the facility’s groundwater
protection standard, or background levels if the facility has not yet
established a groundwater protection standard.
C)
The adjusted standard will automatically terminate if the owner or
operator fails to implement the removal plan.
D)
The adjusted standard will automatically terminate if the owner or
operator fails to timely file a required petition for adjusted
standard.
8)
Adjusted standard procedures. The following procedures must be used in
granting, modifying or terminating an adjusted standard pursuant to this
subsection.
A)
Except as otherwise provided, the owner or operator must follow
the procedures of Section 28.1 of the Act [415 ILCS 5/28.1] and
Subpart D of 35 Ill. Adm. Code 104 to petition the Board for an
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adjusted standard.
B)
Initial justification. The Board will grant an adjusted standard,
pursuant to subsection (e)(1) of this Section, if the owner or
operator demonstrates that the removal plan and contingent
corrective measures plans meet the requirements of subsections
(e)(2) and (e)(3) of this Section.
C)
The Board will include the following conditions in granting an
adjusted standard pursuant to subsection (e)(1) of this Section:
i)
A plan for removing hazardous wastes;
ii)
A requirement that the owner or operator remove
hazardous wastes in accordance with the plan;
iii)
A contingent corrective measures plan;
iv)
A requirement that, in the event of a release, the owner or
operator must, within 35 days, file with the Board a petition
for adjusted standard, implement the corrective measures
plan, and file semi-annual reports with the Agency;
v)
A condition that the adjusted standard will terminate if the
owner or operator fails to implement the removal plan or
timely file a required petition for adjusted standard; and
vi)
A requirement that, in the event the adjusted standard is
terminated, the owner or operator must commence closure
of the unit in accordance with the requirements of the
closure plan and this Part.
D)
Justification in the event of a release. The Board will modify or
terminate the adjusted standard pursuant to a petition filed
pursuant to subsection (e)(5)(A) of this Section, as provided in that
subsection or in subsection (e)(7) of this Section.
9)
The owner or operator may file a revised closure plan within 15 days after
an adjusted standard is terminated.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 725.215
Certification of Closure
Within 60 days after completion of closure of each hazardous waste surface impoundment, waste
pile, land treatment, and landfill unit, and within 60 days after completion of final closure, the
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owner or operator must submit to the Agency, by registered mail, a certification that the
hazardous waste management unit or facility, as applicable, has been closed in accordance with
the specifications in the approved closure plan. The certification must be signed by the owner or
operator and by an independent registered professional engineer
a qualified Professional
Engineer. Documentation supporting independent registered professional engineer’s
Professional Engineer’s certification must be furnished to the Agency upon request until the
Agency releases the owner or operator from the financial assurance requirements for closure
under Section 725.243(h).
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 725.220
Certification of Completion of Post-Closure Care
No later than 60 days after the completion of the established post-closure care period for each
hazardous waste disposal unit, the owner or operator must submit to the Agency, by registered
mail, a certification that the post-closure care period for the hazardous waste disposal unit was
performed in accordance with the specifications in the approved post-closure plan. The
certification must be signed by the owner or operator and an independent registered professional
engineer a qualified Professional Engineer. Documentation supporting the independent
registered professional engineer’s Professional Engineer’s certification must be furnished to the
Agency upon request until the Agency releases the owner or operator from the financial
assurance requirements for post-closure care under Section 725.245(h).
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART H: FINANCIAL REQUIREMENTS
Section 725.240
Applicability
a)
The requirements of Sections 725.242, 725.243, and 725.247 through 725.250
apply to owners and operators of all hazardous waste facilities, except as provided
otherwise in this Section or in Section 725.101.
b)
The requirements of Sections 725.244 and 725.246
725.245 apply only to owners
and operators of any of the following:
1)
Disposal facilities;
2)
Tank systems that are required pursuant to Section 725.297 to meet the
requirements for landfills; or
3)
Containment buildings that are required pursuant to Section 725.1102 to
meet the requirements for landfills.
c)
States and the federal government are exempt from the requirements of this
Subpart H.
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d)
A permit or enforceable document can contain alternative requirements that replace
all or part of the financial assurance requirements of this Subpart H applying to a
regulated unit, as provided in 35 Ill. Adm. Code 703.161, where the Board or
Agency has done the following:
1)
The Board, by an adjusted standard granted pursuant to Section 28.1 of the
Act [415 ILCS 5/28.1] and Subpart D of 35 Ill. Adm. Code 104, has
established alternative requirements for the regulated unit established
pursuant to Section 725.190(f) or Section 724.210(d); and
2)
The Board has determined that it is not necessary to apply the financial
assurance requirements of this Subpart H because the alternative financial
assurance requirements will adequately protect human health and the
environment.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 725.242
Cost Estimate for Closure
a)
The owner or operator must have a detailed written estimate, in current dollars, of
the cost of closing the facility in accordance with the requirements in Sections
725.211 through 725.215 and applicable closure requirements of Sections
725.278,
725.297, 725.328, 725.358, 725.380, 725.410, 725.451, 725.481,
725.504, and 725.1102.
1)
The estimate must equal the cost of final closure at the point in the
facility’s active life when the extent and manner of its operation would
make closure the most expensive, as indicated by its closure plan (see
Section 725.212(b)); and
2)
The closure cost estimate must be based on the costs to the owner or
operator of hiring a third party to close the facility. A third party is a party
that is neither a parent nor a subsidiary of the owner or operator. (See
definition of “parent corporation” in Section 725.241(d).) The owner or
operator may use costs for on-site disposal if the owner or operator
demonstrates that on-site disposal capacity will exist at all times over the
life of the facility.
3)
The closure cost estimate must not incorporate any salvage value that may
be realized by the sale of hazardous wastes, or non-hazardous wastes if
applicable under Section 725.213(d), facility structures or equipment, land
or other facility assets at the time of partial or final closure.
4)
The owner or operator must not incorporate a zero cost for hazardous
waste, or non-hazardous waste if applicable under Section 725.213(d), that
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may have economic value.
b)
During the active life of the facility, the owner or operator must adjust the closure
cost estimate for inflation within 60 days prior to the anniversary date of the
establishment of the financial instruments used to comply with Section 725.243.
For an owner or operator using the financial test or corporate guarantee, the
closure cost estimate must be updated for inflation within 30 days after the close
of the firm’s fiscal year and before submission of updated information to the
Agency, as specified in Section 725.243(e)(5). The adjustment may be made by
recalculating the closure cost estimate in current dollars, or by using an inflation
factor derived from the most recent annual Implicit Price Deflator for Gross
National Product, as published by the U.S. Department of Commerce in its
Survey of Current Business as specified in subsections (b)(1) and (b)(2) of this
Section. The inflation factor is the result of dividing the latest published annual
Deflator by the Deflator for the previous year.
1)
The first adjustment is made by multiplying the closure cost estimate by
the inflation factor. The result is the adjusted closure cost estimate.
2)
Subsequent adjustments are made by multiplying the latest adjusted
closure cost estimate by the latest inflation factor.
c)
During the active life of the facility, the owner or operator must revise the closure
cost estimate no later than 30 days after a revision has been made to the closure
plan that increases the cost of closure. If the owner or operator has an approved
closure plan, the closure cost estimate must be revised no later than 30 days after
the Agency has approved the request to modify the closure plan if the change in
the closure plan increases the cost of closure. The revised closure cost estimate
must be adjusted for inflation as specified in subsection (b) of this Section.
d)
The owner or operator must keep the following at the facility during the operating
life of the facility: the latest closure cost estimate prepared in accordance with
subsections (a) and (c) of this Section, and, when this estimate has been adjusted
in accordance with subsection (b) of this Section, the latest adjusted closure cost
estimate.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 725.243
Financial Assurance for Closure
An owner or operator of each facility must establish financial assurance for closure of the
facility. The owner or operator must choose from the options specified in subsections (a)
through (e) of this Section.
a)
Closure trust fund.
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1)
An owner or operator may satisfy the requirements of this Section by
establishing a closure trust fund that 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 that has the
authority to act as a trustee and whose trust operations are regulated and
examined by a federal or State agency.
2)
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.
3)
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:
A)
The first payment must be made before May 19, 1981, except as
provided in subsection (a)(5) of this Section. The first payment
must be at least equal to the current closure cost estimate, except
as provided in subsection (f) of this Section, divided by the number
of years in the pay-in period.
B)
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:
Y
Next Payment
CE
−
CV
=
Where:
CE = the current closure cost estimate
CV= the current value of the trust fund
Y =
the number of years remaining in the pay-in period.
4)
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 must 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) of this
Section.
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5)
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) of this Section.
6)
After the pay-in period is completed, whenever the current closure cost
estimate changes, the owner or operator must 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, must 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.
7)
If the value of the trust fund is greater than the total amount of the current
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.
8)
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.
9)
Within 60 days after receiving a request from the owner or operator for
release of funds as specified in subsection (a)(7) or (a)(8) of this Section,
the Agency must 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 must 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 must
withhold reimbursement of such amounts as it deems prudent until it
determines, in accordance with subsection (h) of this Section, that the
owner or operator is no longer required to maintain financial assurance for
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final closure of the facility. If the Agency does not instruct the trustee to
make such reimbursements, the Agency must provide the owner or
operator a detailed written statement of reasons.
11)
The Agency must agree to termination of the trust when either of the
following occurs:
A)
An owner or operator substitutes alternate financial assurance, as
specified in this Section; or
B)
The Agency releases the owner or operator from the requirements
of this Section in accordance with subsection (h) of this Section.
b)
Surety bond guaranteeing payment into a closure trust fund.
1)
An owner or operator may satisfy the requirements of this Section by
obtaining a surety bond that conforms to the requirements of this
subsection (b) 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.
BOARD NOTE: The U.S. Department of Treasury updates Circular 570,
“Companies Holding Certificates of Authority as Acceptable Sureties on
Federal Bonds and as Acceptable Reinsuring Companies,” on an annual
basis pursuant to 31 CFR 223.16. Circular 570 is available on the Internet
from the following website: http://www.fms.treas.gov/c570/.
2)
The wording of the surety bond must be as specified in 35 Ill. Adm. Code
724.251.
3)
The owner or operator that uses a surety bond to satisfy the requirements
of this Section must 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) of this Section, except as follows:
A)
An original, signed duplicate of the trust agreement must be
submitted to the Agency with the surety bond; and
B)
Until the standby trust fund is funded pursuant to the requirements
of this Section, the following are not required by these regulations:
i)
Payments into the trust fund, as specified in subsection (a);
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ii)
Updating of Schedule A of the trust agreement (see 35 Ill.
Adm. Code 724.251(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.
4)
The bond must guarantee that the owner or operator will:
A)
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;
B)
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 court of competent jurisdiction; or
C)
Provide alternate financial assurance, as specified in this Section,
and obtain the Agency’s written approval of the assurance
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.
5)
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.
6)
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) of this
Section.
7)
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, must 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.
8)
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.
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9)
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.
c)
Closure letter of credit.
1)
An owner or operator may satisfy the requirements of this Section by
obtaining an irrevocable standby letter of credit that conforms to the
requirements of this subsection (c) and submitting the letter to the Agency.
The issuing institution must be an entity that has the authority to issue
letters of credit and whose letter-of-credit operations are regulated and
examined by a federal or State agency.
2)
The wording of the letter of credit must be as specified in 35 Ill. Adm.
Code 724.251.
3)
An owner or operator that uses a letter of credit to satisfy the requirements
of this Section must also establish a standby trust fund. Under the terms
of the letter of credit, all amounts paid pursuant to a draft by the Agency
must 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) of this Section, except as follows:
A)
An original, signed duplicate of the trust agreement must be
submitted to the Agency with the letter of credit; and
B)
Unless the standby trust fund is funded pursuant to the
requirements of this Section, the following are not required by
these regulations:
i)
Payments into the trust fund, as specified in subsection (a)
of this Section;
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.
4)
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 USEPA identification
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number, name, and address of the facility, and the amount of funds
assured for closure of the facility by the letter of credit.
5)
The letter of credit must be irrevocable and issued for a period of at least
one year. The letter of credit must provide that the expiration date will be
automatically extended for a period of at least one 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.
6)
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) of this
Section.
7)
Whenever the current closure cost estimate increases to an amount greater
than the amount of the credit, the owner or operator, within 60 days after
the increase, must 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.
8)
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.
9)
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 must 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 must
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 must return the letter of credit to the issuing institution for
termination when one of the following occurs:
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A)
An owner or operator substitutes alternate financial assurance, as
specified in this Section; or
B)
The Agency releases the owner or operator from the requirements
of this Section in accordance with subsection (h) of this Section.
d)
Closure insurance.
1)
An owner or operator may satisfy the requirements of this Section by
obtaining closure insurance that 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.
2)
The wording of the certificate of insurance must be as specified in 35 Ill.
Adm. Code 724.251.
3)
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) of this Section. 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.
4)
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.
5)
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 must 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 must withhold reimbursement of
such amounts as it deems prudent until it determines, in accordance with
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subsection (h) of this Section, 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 must provide the owner or operator with a
detailed written statement of reasons.
6)
The owner or operator must 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) of this Section. 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
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.
7)
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.
8)
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, one of the following
occurs:
A)
The Agency deems the facility abandoned;
B)
Interim status is terminated or revoked;
C)
Closure is ordered by the Board or a court of competent
jurisdiction;
D)
The owner or operator is named as debtor in a voluntary or
involuntary proceeding under 11 USC (Bankruptcy); or
E)
The premium due is paid.
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9)
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, must 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 must give written consent to the owner or operator that the
owner or operator may terminate the insurance policy when either of the
following occurs:
A)
An owner or operator substitutes alternate financial assurance, as
specified in this Section; or
B)
The Agency releases the owner or operator from the requirements
of this Section in accordance with subsection (h) of this Section.
e)
Financial test and corporate guarantee for closure.
1)
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 must
meet the criteria of either subsection (e)(1)(A) or (e)(1)(B) of this Section:
A)
The owner or operator must have all of the following:
i)
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;
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;
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
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current plugging and abandonment cost estimates.
B)
The owner or operator must have all of the following:
i)
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;
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;
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.
2)
The phrase “current closure and post-closure cost estimates,” as used in
subsection (e)(1) of this Section, 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 (see 35 Ill. Adm. Code 724.251). The
phrase “current plugging and abandonment cost estimates,” as used in
subsection (e)(1) of this Section, 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 (see 35 Ill. Adm. Code 704.240).
3)
To demonstrate that the owner or operator meets this test, the owner or
operator must submit each of the following items to the Agency:
A)
A letter signed by the owner’s or operator’s chief financial officer
and worded as specified in 35 Ill. Adm. Code 724.251;
B)
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
C)
A special report from the owner’s or operator’s independent
certified public accountant to the owner or operator stating the
following:
i)
That the accountant has compared the data that 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
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such financial statements; and
ii)
In connection with that procedure, that no matters came to
the accountant’s attention which caused the accountant to
believe that the specified data should be adjusted.
4)
This subsection (e)(4) corresponds with 40 CFR 265.143(e)(4), a federal
provision relating to an extension of the time to file the proofs of financial
assurance required by this subsection (e) granted by USEPA. This
statement maintains structural consistency with the corresponding federal
regulations.
5)
After the initial submission of items specified in subsection (e)(3) of this
Section, the owner or operator must send updated information to the
Agency within 90 days after the close of each succeeding fiscal year. This
information must consist of all three items specified in subsection (e)(3) of
this Section.
6)
If the owner or operator no longer meets the requirements of subsection
(e)(1) of this Section, the owner or operator must 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 must provide the alternate financial assurance within 120 days
after the end of such fiscal year.
7)
The Agency may, based on a reasonable belief that the owner or operator
may no longer meet the requirements of subsection (e)(1) of this Section,
require reports of financial condition at any time from the owner or
operator in addition to those specified in subsection (e)(3) of this Section.
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) of this Section, the owner or operator must provide alternate
financial assurance as specified in this Section within 30 days after
notification of such a finding.
8)
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) of this Section). An adverse
opinion or a disclaimer of opinion will be cause for disallowance. The
Agency must evaluate other qualifications on an individual basis. The
owner or operator must provide alternate financial assurance as specified
in this Section within 30 days after notification of the disallowance.
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9)
The owner or operator is no longer required to submit the items specified
in subsection (e)(3) of this Section when either of the following occurs:
A)
An owner or operator substitutes alternate financial assurance, as
specified in this Section; or
B)
The Agency releases the owner or operator from the requirements
of this Section in accordance with subsection (h) of this Section.
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 must 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 operator, or a firm with a
“substantial business relationship” with the owner or operator. The
guarantor must meet the requirements for owners or operators in
subsections (e)(1) through (e)(8) of this Section, and must 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) of this Section. 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 the
following:
A)
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) of this Section, in the name of the
owner or operator.
B)
That 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.
C)
That, if the owner or operator fails to provide alternate financial
assurance as specified in this Section and obtain the written
477
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.
f)
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) of this Section, respectively, except that it is the combination of
mechanisms, rather than the single mechanism, that 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 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.
g)
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 USEPA 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.
h)
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 a qualified Professional Engineer
that final closure has been completed in accordance with the approved closure
plan, the Agency must 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 must 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.
i)
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
478
702.184(e)(3)):
1)
An increase in, or a refusal to decrease the amount of, a bond, letter of
credit, or insurance; or
2)
Requiring alternate assurance upon a finding that an owner or operator or
parent corporation no longer meets a financial test.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 725.245
Financial Assurance for Post-Closure Monitoring and Maintenance
An owner or operator of a facility with a hazardous waste disposal unit must establish financial
assurance for post-closure care of the disposal units. The owner or operator must choose from
the following options:
a)
Post-closure trust fund.
1)
An owner or operator may satisfy the requirements of this Section by
establishing a post-closure trust fund that 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 that has the
authority to act as a trustee and whose trust operations are regulated and
examined by a federal or State agency.
2)
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 post-closure cost estimate
covered by the agreement.
3)
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 post-closure trust fund must be made as follows:
A)
The first payment must have been made before May 19, 1981,
except as provided in subsection (a)(5) of this Section. The first
payment must be at least equal to the current post-closure cost
estimate, except as provided in subsection (f) of this Section,
divided by the number of years in the pay-in period.
B)
Subsequent payments must be made no later than 30 days after
each anniversary date of the first payment. The amount of each
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subsequent payment must be determined by this formula:
Y
Next Payment
CE
−
CV
=
Where:
CE = the current closure cost estimate
CV= the current value of the trust fund
Y =
the number of years remaining in the pay-in period.
4)
The owner or operator may accelerate payments into the trust fund or may
deposit the full amount of the current post-closure cost estimate at the time
the fund is established. However, the owner or operator must 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) of this
Section.
5)
If the owner or operator establishes a post-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) of this Section.
6)
After the pay-in period is completed, whenever the current post-closure
cost estimate changes during the operating life of the facility, the owner or
operator must 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, must either deposit an amount into the
fund so that its value after this deposit at least equals the amount of the
current post-closure cost estimate, or obtain other financial assurance as
specified in this Section to cover the difference.
7)
During the operating life of the facility, if the value of the trust fund is
greater than the total amount of the current post-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 post-closure cost estimate.
8)
If an owner or operator substitutes other financial assurance as specified in
this Section for all or part of the trust fund, owner or operator may submit
a written request to the Agency for release of the amount in excess of the
current post-closure cost estimate covered by the trust fund.
9)
Within 60 days after receiving a request from the owner or operator for
release of funds as specified in subsection (a)(7) or (a)(8) of this Section,
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the Agency must instruct the trustee to release to the owner or operator
such funds as the Agency specifies in writing.
10)
During the period of post-closure care, the Agency must approve a release
of funds if the owner or operator demonstrates to the Agency that the
value of the trust fund exceeds the remaining cost of post-closure care.
11)
An owner or operator or any other person authorized to perform post-
closure care may request reimbursement for post-closure care
expenditures by submitting itemized bills to the Agency. Within 60 days
after receiving bills for post-closure activities, the Agency must instruct
the trustee to make reimbursement in those amounts as the Agency
specifies in writing if the Agency determines that the post-closure care
expenditures are in accordance with the approved post-closure plan or
otherwise justified. If the Agency does not instruct the trustee to make
such reimbursements, the Agency must provide the owner or operator with
a detailed written statement of reasons.
12)
The Agency must agree to termination of a trust when either of the
following occurs:
A)
An owner or operator substitutes alternate financial assurance, as
specified in this Section; or
B)
The Agency releases the owner or operator from the requirements
of this Section in accordance with subsection (h) of this Section.
b)
Surety bond guaranteeing payment into a post-closure trust fund.
1)
An owner or operator may satisfy the requirements of this Section by
obtaining a surety bond that conforms to the requirements of this
subsection (b) 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.
BOARD NOTE: The U.S. Department of Treasury updates Circular 570,
“Companies Holding Certificates of Authority as Acceptable Sureties on
Federal Bonds and as Acceptable Reinsuring Companies,” on an annual
basis pursuant to 31 CFR 223.16. Circular 570 is available on the Internet
from the following website: http://www.fms.treas.gov/c570/.
2)
The wording of the surety bond must be as specified in 35 Ill. Adm. Code
724.251.
3)
The owner or operator that uses a surety bond to satisfy the requirements
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of this Section must 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) of this Section, except as follows:
A)
An original, signed duplicate of the trust agreement must be
submitted to the Agency with the surety bond; and
B)
Until the standby trust fund is funded pursuant to the requirements
of this Section, the following are not required by these regulations:
i)
Payments into the trust fund, as specified in subsection (a)
of this Section;
ii)
Updating of Schedule A of the trust agreement (as specified
in 35 Ill. Adm. Code 724.251) to show current post-closure
cost estimates;
iii)
Annual valuations, as required by the trust agreement; and
iv)
Notices of nonpayment, as required by the trust agreement.
4)
The bond must guarantee that the owner or operator will perform the
following acts:
A)
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
B)
Fund the standby trust fund in an amount equal to the penal sum
within 15 days after an order to begin closure is issued by the
Board or a court of competent jurisdiction; or
C)
Provide alternate financial assurance, as specified in this Section,
and obtain the Agency’s written approval of the assurance
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.
5)
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.
6)
The penal sum of the bond must be in an amount at least equal to the
current post-closure cost estimate, except as provided in subsection (f) of
this Section.
482
7)
Whenever the current post-closure cost estimate increases to an amount
greater than the penal sum, the owner or operator, within 60 days after the
increase, must either cause the penal sum to be increased to an amount at
least equal to the current post-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 post-
closure cost estimate decreases, the penal sum may be reduced to the
amount of the current post-closure cost estimate following written
approval by the Agency.
8)
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.
9)
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.
c)
Post-closure letter of credit.
1)
An owner or operator may satisfy the requirements of this Section by
obtaining an irrevocable standby letter of credit that conforms to the
requirements of this subsection (c) and submitting the letter to the Agency.
The issuing institution must be an entity that has the authority to issue
letters of credit and whose letter-of-credit operations are regulated and
examined by a federal or State agency.
2)
The wording of the letter of credit must be as specified in 35 Ill. Adm.
Code 724.251.
3)
An owner or operator that uses a letter of credit to satisfy the requirements
of this Section must also establish a standby trust fund. Under the terms
of the letter of credit, all amounts paid pursuant to a draft by the Agency
must 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) of this Section, except as follows:
A)
An original, signed duplicate of the trust agreement must be
submitted to the Agency with the letter of credit; and
B)
Unless the standby trust fund is funded pursuant to the
requirements of this Section, the following are not required by
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these regulations:
i)
Payments into the trust fund, as specified in subsection (a)
of this Section;
ii)
Updating of Schedule A of the trust agreement (as specified
in 35 Ill. Adm. Code 724.151) to show current post-closure
cost estimates;
iii)
Annual valuations, as required by the trust agreement; and
iv)
Notices of nonpayment, as required by the trust agreement.
4)
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 USEPA identification
number, name, and address of the facility, and the amount of funds
assured for post-closure care of the facility by the letter of credit.
5)
The letter of credit must be irrevocable and issued for a period of at least
one year. The letter of credit must provide that the expiration date will be
automatically extended for a period of at least one 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.
6)
The letter of credit must be issued in an amount at least equal to the
current post-closure cost estimate, except as provided in subsection (f) of
this Section.
7)
Whenever the current post-closure cost estimate increases to an amount
greater than the amount of the credit during the operating life of the
facility, the owner or operator, within 60 days after the increase, must
either cause the amount of the credit to be increased so that it at least
equals the current post-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 cost estimate
decreases during the operating life of the facility, the amount of the credit
may be reduced to the amount of the current post-closure cost estimate
following written approval by the Agency.
8)
During the period of post-closure care, the Agency must approve a
decrease in the amount of the letter of credit if the owner or operator
demonstrates to the Agency that the amount exceeds the remaining cost of
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post-closure care.
9)
Following a final judicial determination or Board order finding that the
owner or operator has failed to perform post-closure care in accordance
with the approved post-closure plan and other interim status requirements,
the Agency may draw on the letter of credit.
10)
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 the issuing institution that it
has decided not to extend the letter of credit beyond the current expiration
date, the Agency must 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 after any such extension the Agency must
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.
11)
The Agency must return the letter of credit to the issuing institution for
termination when either of the following occurs:
A)
An owner or operator substitutes alternate financial assurance, as
specified in this Section; or
B)
The Agency releases the owner or operator from the requirements
of this Section in accordance with subsection (h) of this Section.
d)
Post-closure insurance.
1)
An owner or operator may satisfy the requirements of this Section by
obtaining post-closure insurance that 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.
2)
The wording of the certificate of insurance must be as specified in 35 Ill.
Adm. Code 724.251.
3)
The post-closure insurance policy must be issued for a face amount at
least equal to the current post-closure estimate, except as provided in
subsection (f) of this Section. The term “face amount” means the total
amount the insurer is obligated to pay under the policy. Actual payments
by the insurer’s will not change the face amount, although the insurer’s
future liability will be lowered by the amount of the payments.
485
4)
The post-closure insurance policy must guarantee that funds will be
available to provide post-closure care of facility whenever the post-closure
period begins. The policy must also guarantee that, once post-closure care
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.
5)
An owner or operator or any other person authorized to perform post-
closure care may request reimbursement for post-closure care
expenditures by submitting itemized bills to the Agency. Within 60 days
after receiving bills for post-closure activities, the Agency must instruct
the insurer to make reimbursement in such amounts as the Agency
specifies in writing, if the Agency determines that the post-closure care
expenditures are in accordance with the approved post-closure plan or
otherwise justified. If the Agency does not instruct the insurer to make
such reimbursements, the Agency must provide the owner or operator with
a detailed written statement of reasons.
6)
The owner or operator must 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)(11) of this Section. 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
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.
7)
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.
8)
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, one of the following
486
occurs:
A)
The Agency deems the facility abandoned;
B)
Interim status is terminated or revoked;
C)
Closure is ordered by the Board or a court of competent
jurisdiction;
D)
The owner or operator is named as debtor in a voluntary or
involuntary proceeding under 11 USC (Bankruptcy); or
E)
The premium due is paid.
9)
Whenever the current post-closure cost estimate increases to an amount
greater than the face amount of the policy during the operating life of the
facility, the owner or operator, within 60 days after the increase, must
either cause the face amount to be increased to an amount at least equal to
the current post-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 post-closure cost
estimate decreases during the operating life of the facility, the face amount
may be reduced to the amount of the current post-closure cost estimate
following written approval by the Agency.
10)
Commencing on the date that liability to make payments pursuant to the
policy accrues, the insurer must thereafter annually increase the face
amount of the policy. Such increase must be equivalent to the face
amount of the policy, less any payments made, multiplied by an amount
equivalent to 85 percent of the most recent investment rate or of the
equivalent coupon-issue yield announced by the U.S. Treasury for 26-
week Treasury securities.
11)
The Agency must give written consent to the owner or operator that the
owner or operator may terminate the insurance policy when either of the
following occurs:
A)
An owner or operator substitutes alternate financial assurance, as
specified in this Section; or
B)
The Agency releases the owner or operator from the requirements
of this Section in accordance with subsection (h) of this Section.
e)
Financial test and corporate guarantee for post-closure care.
1)
An owner or operator may satisfy the requirements of this Section by
487
demonstrating that the owner or operator passes a financial test, as
specified in this subsection (e). To pass this test the owner or operator
must meet the criteria of either subsection (e)(1)(A) or (e)(1)(B) of this
Section:
A)
The owner or operator must have each of the following:
i)
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;
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;
iii)
Tangible new worth of at least $10 million; and
iv)
Assets 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 plugging
and abandonment cost estimates.
B)
The owner or operator must have each of the following:
i)
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;
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;
iii)
Tangible net worth of at least $10 million; and
iv)
Assets located in the United States amounting to at least 90
percent of its 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.
2)
The phrase “current closure and post-closure cost estimates,” as used in
subsection (e)(1) of this Section, 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 (see 35 Ill. Adm. Code 724.251). The
488
phrases “current plugging and abandonment cost estimates,” as used in
subsection (e)(1) of this Section, 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 (see 35 Ill. Adm. Code 704.240).
3)
To demonstrate that it meets this test, the owner or operator must submit
each of the following items to the Agency:
A)
A letter signed by the owner’s or operator’s chief financial officer
and worded as specified in 35 Ill. Adm. Code 724.251;
B)
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
C)
A special report from the owner’s or operator’s independent
certified public accountant to the owner or operator stating both of
the following:
i)
That the accountant has compared the data that 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, that no matters came to
the accountant’s attention that caused the accountant to
believe that the specified data should be adjusted.
4)
This subsection (e)(4) corresponds with 40 CFR 265.143(e)(4), a federal
provision relating to an extension of the time to file the proofs of financial
assurance required by this subsection (e) granted by USEPA. This
statement maintains structural consistency with the corresponding federal
regulations.
5)
After the initial submission of items specified in subsection (e)(3) of this
Section, the owner or operator must send updated information to the
Agency within 90 days after the close of each succeeding fiscal year. This
information must consist of all three items specified in subsection (e)(3) of
this Section.
6)
If the owner or operator no longer meets the requirements of subsection
(e)(1) of this Section, the owner or operator must 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
489
that the owner or operator no longer meets the requirements. The owner
or operator must provide the alternate financial assurance within 120 days
after the end of such fiscal year.
7)
The Agency may, based on a reasonable belief that the owner or operator
may no longer meet the requirements of subsection (e)(1) of this Section,
require reports of financial condition at any time from the owner or
operator in addition to those specified in subsection (e)(3) of this Section.
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) of this Section, the owner or operator must provide alternate
financial assurance, as specified in this Section, within 30 days after
notification of such a finding.
8)
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) of this Section). An adverse
opinion or a disclaimer of opinion will be cause for disallowance. The
Agency must evaluate other qualifications on an individual basis. The
owner or operator must provide alternate financial assurance, as specified
in this Section, within 30 days after notification of the disallowance.
9)
During the period of post-closure care, the Agency must approve a
decrease in the current post-closure cost estimate for which this test
demonstrates financial assurance if the owner or operator demonstrates to
the Agency that the amount of the cost estimate exceeds the remaining
cost of post-closure care.
10)
The owner or operator is no longer required to submit the items specified
in subsection (e)(3) of this Section when either of the following occurs:
A)
An owner or operator substitutes alternate financial assurance, as
specified in this Section; or
B)
The Agency releases the owner or operator from the requirements
of this Section in accordance with subsection (h) of this Section.
11)
An owner or operator may meet the requirements of this Section by
obtaining a written guarantee, hereafter referred to as “corporate
guarantee.” The guarantor must 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 operator, or a firm with a
“substantial business relationship” with the owner or operator. The
guarantor must meet the requirements for owners or operators in
subsections (e)(1) through (e)(9) of this Section, and must comply with the
490
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) of this Section. 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 as
follows:
A)
That, if the owner or operator fails to perform post-closure care of
a facility covered by the corporate guarantee in accordance with
the post-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) of this Section, in the name
of the owner or operator.
B)
That 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.
C)
That, 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.
f)
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) of this Section, respectively, except that it is the combination of
mechanisms, rather than the single mechanism, that must provide financial
assurance for an amount at least equal to the current post-closure cost estimate. If
an owner or operator uses a trust fund in combination with a surety bond or a
letter of credit, it may use the trust fund as the standby trust fund for the other
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
491
post-closure care of the facility.
g)
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 USEPA Identification Number, name, address, and the amount of funds for
post-closure care 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
provide post-closure care for all of the owner or operator’s facilities. In directing
funds available through the mechanism for post-closure care 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.
h)
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 a qualified Professional Engineer
that the post-closure care period has been completed in accordance with the
approved post-closure plan, the Agency must notify the owner or operator in
writing that the owner or operator is no longer required by this Section to
maintain financial assurance for post-closure care of that unit, unless the Agency
determines that post-closure care has not been in accordance with the approved
post-closure
plan. The Agency must provide the owner or operator a detailed
written statement of any such determination that post-closure care has not been in
accordance with the approved post-closure plan.
i)
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)):
1)
An increase in, or a refusal to decrease the amount of, a bond, letter of
credit, or insurance; or
2)
Requiring alternate assurance upon a finding that an owner or operator or
parent corporation no longer meets a financial test.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 725.247
Liability Requirements
a)
Coverage for sudden accidental occurrences. An owner or operator of a
hazardous waste treatment, storage, or disposal facility, or a group of such
facilities, must demonstrate financial responsibility for bodily injury and property
492
damage to third parties caused by sudden accidental occurrences arising from
operations of the facility or group of facilities. The owner or operator must have
and maintain liability coverage for sudden accidental occurrences in the amount
of at least $1 million per occurrence with an annual aggregate of at least $2
million, exclusive of legal defense costs. This liability coverage may be
demonstrated, as specified in subsections (a)(1) through (a)(6) of this Section:
1)
An owner or operator may demonstrate the required liability coverage by
having liability insurance, as specified in this subsection (a)(1).
A)
Each insurance policy must be amended by attachment of the
Hazardous Waste Facility Liability Endorsement or evidenced by a
Certificate of Liability Insurance. The wording of the endorsement
and of the certificate of insurance
must be as specified in 35 Ill.
Adm. Code 724.251. The wording of the certificate of insurance
must be as specified in 35 Ill. Adm. Code 724.251. The owner or
operator must submit a signed duplicate original of the
endorsement or the certificate of insurance to the Agency. If
requested by the Agency, the owner or operator must provide a
signed duplicate original of the insurance policy.
B)
Each insurance policy must be issued by an insurer that is licensed
by the Illinois Department of Financial and Professional
Regulation, Division of Insurance.
2)
An owner or operator may meet the requirements of this Section by
passing a financial test or using the guarantee for liability coverage, as
specified in subsections (f) and (g) of this Section.
3)
An owner or operator may meet the requirements of this Section by
obtaining a letter of credit for liability coverage, as specified in subsection
(h) of this Section.
4)
An owner or operator may meet the requirements of this Section by
obtaining a surety bond for liability coverage, as specified in subsection (i)
of this Section.
5)
An owner or operator may meet the requirements of this Section by
obtaining a trust fund for liability coverage, as specified in subsection (j)
of this Section.
6)
An owner or operator may demonstrate the required liability coverage
through the use of combinations of insurance, financial test, guarantee,
letter of credit, surety bond, and trust fund, except that the owner or
operator may not combine a financial test covering part of the liability
coverage requirement with a guarantee unless the financial statement of
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the owner or operator is not consolidated with the financial statement of
the guarantor. The amounts of coverage demonstrated must total at least
the minimum amounts required by this Section. If the owner or operator
demonstrates the required coverage through the use of a combination of
financial assurances pursuant to this subsection (b)(6), the owner or
operator must specify at least one such assurance as “primary” coverage,
and must specify other such assurance as “excess” coverage.
7)
An owner or operator must notify the Agency within 30 days whenever
one of the following occurs:
A)
A claim results in a reduction in the amount of financial assurance
for liability coverage provided by a financial instrument authorized
in subsections (a)(1) through (a)(6) of this Section;
B)
A Certification of Valid Claim for bodily injury or property
damages caused by sudden or non-sudden accidental occurrence
arising from the operation of a hazardous waste treatment, storage,
or disposal facility is entered between the owner or operator and
third-party claimant for liability coverage pursuant to subsections
(a)(1) through (a)(6) of this Section; or
C)
A final court order establishing a judgment for bodily injury or
property damage caused by a sudden or non-sudden accidental
occurrence arising from the operation of a hazardous waste
treatment, storage, or disposal facility is issued against the owner
or operator or an instrument that is providing financial assurance
for liability coverage pursuant to subsections (a)(1) through (a)(6)
of this Section.
b)
Coverage for nonsudden accidental occurrences. An owner or operator of a
surface impoundment, landfill, or land treatment facility that is used to manage
hazardous waste, or a group of such facilities, must demonstrate financial
responsibility for bodily injury and property damage to third parties caused by
nonsudden accidental occurrences arising from operations of the facility or group
of facilities. The owner or operator must have and maintain liability coverage for
nonsudden accidental occurrences in the amount of at least $3 million per
occurrence with an annual aggregate of at least $6 million, exclusive of legal
defense costs. An owner or operator meeting the requirements of this Section
may combine the required per-occurrence coverage levels for sudden and
nonsudden accidental occurrences into a single per-occurrence level, and combine
the required annual aggregate coverage levels for sudden and nonsudden
accidental occurrences into a single annual aggregate level. An owner or operator
that combines coverage levels for sudden and nonsudden accidental occurrences
must maintain liability coverage in the amount of at least $4 million per
occurrence and $8 million annual aggregate. This liability coverage may be
494
demonstrated, as specified in subsections (b)(1) through (b)(6) of this Section:
1)
An owner or operator may demonstrate the required liability coverage by
having liability insurance, as specified in this subsection (b)(1).
A)
Each insurance policy must be amended by attachment of the
Hazardous Waste Facility Liability Endorsement or evidenced by a
Certificate of Liability Insurance. The wording of the endorsement
must be as specified in 35 Ill. Adm. Code 724.251. The wording
of the certificate of insurance must be as specified in 35 Ill. Adm.
Code 724.251. The owner or operator must submit a signed
duplicate original of the endorsement or the certificate of insurance
to the Agency. If requested by the Agency, the owner or operator
must provide a signed duplicate original of the insurance policy.
B)
Each insurance policy must be issued by an insurer that is licensed
by the Illinois Department of Financial and Professional
Regulation, Division of Insurance.
2)
An owner or operator may meet the requirements of this Section by
passing a financial test or using the guarantee for liability coverage, as
specified in subsections (f) and (g) of this Section.
3)
An owner or operator may meet the requirements of this Section by
obtaining a letter of credit for liability coverage, as specified in subsection
(h) of this Section.
4)
An owner or operator may meet the requirements of this Section by
obtaining a surety bond for liability coverage, as specified in subsection (i)
of this Section.
5)
An owner or operator may meet the requirements of this Section by
obtaining a trust fund for liability coverage, as specified in subsection (j)
of this Section.
6)
An owner or operator may demonstrate the required liability coverage
through the use of combinations of insurance, financial test, guarantee,
letter of credit, surety bond, and trust fund, except that the owner or
operator may not combine a financial test covering part of the liability
coverage requirement with a guarantee unless the financial statement of
the owner or operator is not consolidated with the financial statement of
the guarantor. The amounts of coverage demonstrated must total at least
the minimum amounts required by this Section. If the owner or operator
demonstrates the required coverage through the use of a combination of
financial assurances pursuant to this subsection, the owner or operator
must specify at least one such assurance as “primary” coverage, and must
495
specify other such assurance as “excess” coverage.
7)
An owner or operator must notify the Agency within 30 days whenever
one of the following occurs:
A)
A claim results in a reduction in the amount of financial assurance
for liability coverage provided by a financial instrument authorized
in subsections (b)(1) through (b)(6) of this Section;
B)
A Certification of Valid Claim for bodily injury or property
damages caused by sudden or non-sudden accidental occurrence
arising from the operation of a hazardous waste treatment, storage,
or disposal facility is entered between the owner or operator and
third-party claimant for liability coverage pursuant to subsections
(b)(1) through (b)(6) of this Section; or
C)
A final court order establishing a judgment for bodily injury or
property damage caused by a sudden or non-sudden accidental
occurrence arising from the operation of a hazardous waste
treatment, storage, or disposal facility is issued against the owner
or operator or an instrument that is providing financial assurance
for liability coverage pursuant to subsections (b)(1) through (b)(6)
of this Section.
c)
Request for adjusted level of required liability coverage. If an owner or operator
demonstrates to the Agency that the levels of financial responsibility required by
subsections (a) or (b) of this Section are not consistent with the degree and
duration of risk associated with treatment, storage, or disposal at the facility or
group of facilities, the owner or operator may obtain an adjusted level of required
liability coverage from the Agency. The request for an adjusted level of required
liability coverage must be submitted in writing to the Agency. If granted, the
Agency’s action must take the form of an adjusted level of required liability
coverage, such level to be based on the Agency assessment of the degree and
duration of risk associated with the ownership or operation of the facility or group
of facilities. The Agency may require an owner or operator that requests an
adjusted level of required liability coverage to provide such technical and
engineering information as is necessary to determine a level of financial
responsibility other than that required by subsection (a) or (b) of this Section.
The Agency must process any request for an adjusted level of required liability
coverage as if it were a permit modification request pursuant to 35 Ill. Adm. Code
703.271(e)(3) and 705.128. Notwithstanding any other provision, the Agency
must hold a public hearing whenever it finds, on the basis of requests, a
significant degree of public interest in a tentative decision to grant an adjusted
level of required liability insurance. The Agency may also hold a public hearing
at its discretion whenever such a hearing might clarify one or more issues
involved in the tentative decision.
496
d)
Adjustments by the Agency. If the Agency determines that the levels of financial
responsibility required by subsection (a) or (b) of this Section are not consistent
with the degree and duration of risk associated with treatment, storage, or disposal
at the facility or group of facilities, the Agency must adjust the level of financial
responsibility required pursuant to subsection (a) or (b) of this Section as may be
necessary to adequately protect human health and the environment. This adjusted
level must be based on the Agency’s assessment of the degree and duration of risk
associated with the ownership or operation of the facility or group of facilities. In
addition, if the Agency determines that there is a significant risk to human health
and the environment from non-sudden accidental occurrences resulting from the
operations of a facility that is not a surface impoundment, landfill or land
treatment facility, the Agency may require that an owner or operator of the
facility comply with subsection (b) of this Section. An owner or operator must
furnish to the Agency, within a time specified by the Agency in the request,
which must not be less than 30 days, any information that the Agency requests to
determine whether cause exists for such adjustments of level or type of coverage.
The Agency must process any request for an adjusted level of required liability
coverage as if it were a permit modification request pursuant to 35 Ill. Adm. Code
703.271(e)(3) and 705.128. Notwithstanding any other provision, the Agency
must hold a public hearing whenever it finds, on the basis of requests, a
significant degree of public interest in a tentative decision to grant an adjusted
level of required liability insurance. The Agency may also hold a public hearing
at its discretion whenever such a hearing might clarify one or more issues
involved in the tentative decision.
e)
Period of coverage. Within 60 days after receiving certifications from the owner
or operator and an independent registered professional engineer
a qualified
Professional Engineer that final closure has been completed in accordance with
the approved closure plan, the Agency must notify the owner or operator in
writing that the owner or operator is no longer required by this Section to
maintain liability coverage for that facility, unless the Agency determines that
closure has not been in accordance with the approved closure plan.
f)
Financial test for liability coverage.
1)
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 (f)(1). To pass this test the owner or operator
must meet the criteria of subsection (f)(1)(A) or (f)(1)(B) of this Section:
A)
The owner or operator must have each of the following:
i)
Net working capital and tangible net worth each at least six
times the amount of liability coverage to be demonstrated
by this test;
497
ii)
Tangible net worth of at least $10 million; and
iii)
Assets in the United States amounting to either: at least 90
percent of total assets; or at least six times the amount of
liability coverage to be demonstrated by this test.
B)
The owner or operator must have each of the following:
i)
A current rating for the owner or operator’s 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;
ii)
Tangible net worth of at least $10 million;
iii)
Tangible net worth at least six times the amount of liability
coverage to be demonstrated by this test; and
iv)
Assets in the United States amounting to either of the
following: at least 90 percent of total assets or at least six
times the amount of liability coverage to be demonstrated
by this test.
2)
The phrase “amount of liability coverage,” as used in subsection (f)(1) of
this Section, refers to the annual aggregate amounts for which coverage is
required pursuant to subsections (a) and (b) of this Section.
3)
To demonstrate that the owner or operator meets this test, the owner or
operator must submit each of the following three items to the Agency:
A)
A letter signed by the owner’s or operator’s chief financial officer
and worded as specified in 35 Ill. Adm. Code 724.251. If an
owner or operator is using the financial test to demonstrate both
assurance for closure or post-closure care, as specified by 35 Ill.
Adm. Code 724.243(f) and 724.245(f), or by Sections 725.243(e)
and 725.245(e), and liability coverage, it must submit the letter
specified in 35 Ill. Adm. Code 724.251 to cover both forms of
financial responsibility; a separate letter, as specified in 35 Ill.
Adm. Code 724.251 is not required.
B)
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.
C)
A special report from the owner’s or operator’s independent
498
certified public accountant to the owner or operator stating as
follows:
i)
That the accountant has compared the data that 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, that no matters came to
the accountant’s attention that caused the accountant to
believe that the specified data should be adjusted.
5)
After the initial submission of items specified in subsection (f)(3) of this
Section, the owner or operator must send updated information to the
Agency within 90 days after the close of each succeeding fiscal year. This
information must consist of all three items specified in subsection (f)(3) of
this Section.
6)
If the owner or operator no longer meets the requirements of subsection
(f)(1) of this Section, the owner or operator must obtain insurance, a letter
of credit, a surety bond, a trust fund, or a guarantee for the entire amount
of required liability coverage, as specified in this Section. Evidence of
insurance must be submitted to the Agency 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 test requirements.
7)
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 (f)(3)(B) of this Section). An adverse
opinion or a disclaimer of opinion is cause for disallowance. The Agency
must evaluate other qualifications on an individual basis. The owner or
operator must provide evidence of insurance for the entire amount of
required liability coverage, as specified in this Section, within 30 days
after notification of disallowance.
g)
Guarantee for liability coverage.
1)
Subject to subsection (g)(2) of this Section, an owner or operator may
meet the requirements of this Section by obtaining a written guarantee,
referred to as a “guarantee.” The guarantor must 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 operator, or a
firm with a “substantial business relationship” with the owner or operator.
The guarantor must meet the requirements for owners and operators in
499
subsections (f)(1) through (f)(6) of this Section. The wording of the
guarantee must be as specified in 35 Ill. Adm. Code 724.251. A certified
copy of the guarantee must accompany the items sent to the Agency as
specified in subsection (f)(3) of this Section. 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,
this 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 guarantee must provide as follows:
A)
If the owner or operator fails to satisfy a judgment based on a
determination of liability for bodily injury or property damage to
third parties caused by sudden or nonsudden accidental
occurrences (or both as the case may be), arising from the
operation of facilities covered by this guarantee, or fails to pay an
amount agreed to in settlement of claims arising from or alleged to
arise from such injury or damage, the guarantor will do so up to
the limits of coverage.
B)
The guarantee remains in force unless the guarantor sends notice
of cancellation by certified mail to the owner or operator and to the
Agency. The guarantee must not be terminated unless and until
the Agency approves alternate liability coverage complying with
Section 725.247 or 35 Ill. Adm. Code 724.247.
2)
The guarantor must execute the guarantee in Illinois. The guarantee must
be accompanied by a letter signed by the guarantor that states as follows:
A)
The guarantee was signed in Illinois by an authorized agent of the
guarantor;
B)
The guarantee is governed by Illinois law; and
C)
The name and address of the guarantor’s registered agent for
service of process.
3)
The guarantor must have a registered agent pursuant to Section 5.05 of the
Business Corporation Act of 1983 [805 ILCS 5/5.05] or Section 105.05 of
the General Not-for-Profit Corporation Act of 1986 [805 ILCS
105/105.05].
h)
Letter of credit for liability coverage.
1)
An owner or operator may satisfy the requirements of this Section by
500
obtaining an irrevocable standby letter of credit that conforms to the
requirements of this subsection, and submitting a copy of the letter of
credit to the Agency.
2)
The financial institution issuing the letter of credit must be an entity that
has the authority to issue letters of credit and whose letter of credit
operations are regulated and examined by the Illinois Commissioner of
Banks and Trust Companies.
3)
The wording of the letter of credit must be as specified in 35 Ill. Adm.
Code 724.251.
4)
An owner or operator that uses a letter of credit to satisfy the requirements
of this Section may also establish a trust fund. Under the terms of such a
letter of credit, all amounts paid pursuant to a draft by the trustee of the
standby trust will be deposited by the issuing institution into the standby
trust in accordance with instructions from the trustee. The trustee of the
standby trust fund must be an entity that has the authority to act as a
trustee and whose trust operations are regulated and examined by the
Illinois Commissioner of Banks and Trust Companies, or that complies
with the Corporate Fiduciary Act [205 ILCS 620].
5)
The wording of the standby trust fund must be identical to the wording
specified in 35 Ill. Adm. Code 724.251(n).
i)
Surety bond for liability coverage.
1)
An owner or operator may satisfy the requirements of this Section by
obtaining a surety bond that conforms to the requirements of this
subsection (i) and submitting a copy of the bond to the Agency.
2)
The surety company issuing the bond must be licensed by the Illinois
Department of Financial and Professional Regulation, Division of
Insurance.
3)
The wording of the surety bond must be as specified in 35 Ill. Adm. Code
724.251.
j)
Trust fund for liability coverage.
1)
An owner or operator may satisfy the requirements of this Section by
establishing a trust fund that conforms to the requirements of this
subsection and submitting a signed, duplicate original of the trust
agreement to the Agency.
2)
The trustee must be an entity that has the authority to act as a trustee and
501
whose trust operations are regulated and examined by the Illinois
Commissioner of Banks and Trust Companies, or that complies with the
Corporate Fiduciary Act [205 ILCS 620].
3)
The trust fund for liability coverage must be funded for the full amount of
the liability coverage to be provided by the trust fund before it may be
relied upon to satisfy the requirements of this Section. If at any time after
the trust fund is created the amount of funds in the trust fund is reduced
below the full amount of liability coverage to be provided, the owner or
operator, by the anniversary of the date of establishment of the fund, must
either add sufficient funds to the trust fund to cause its value to equal the
full amount of liability coverage to be provided, or obtain other financial
assurance, as specified in this Section, to cover the difference. For
purposes of this subsection, “the full amount of the liability coverage to be
provided” means the amount of coverage for sudden and nonsudden
accidental occurrences required to be provided by the owner or operator
by this Section, less the amount of financial assurance for liability
coverage that is being provided by other financial assurance mechanisms
being used to demonstrate financial assurance by the owner or operator.
4)
The wording of the trust fund must be as specified in 35 Ill. Adm. Code
724.251.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART I: USE AND MANAGEMENT OF CONTAINERS
Section 725.274
Inspections
The
At least weekly, the owner or operator must inspect areas where containers are stored at
least weekly, looking except for the owner or operator of a Performance Track member facility,
which must conduct inspections at least once each month after approval by the Agency. To
apply for reduced inspection frequency, the owner or operator of the Performance Track member
facility must follow the procedures described in Section 725.115(b)(5). The owner or operator
must look for leaking containers and for deterioration of containers leaks and for deterioration
caused by corrosion or other factors.
BOARD NOTE: See Section 725.271 for remedial action required if deterioration or leaks are
detected.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
502
SUBPART J: TANK SYSTEMS
Section 725.291
Assessment of Existing Tank System Integrity
a)
For each existing tank system that does not have secondary containment meeting
the requirements of Section 725.293, the owner or operator must determine either
that the tank system is not leaking or that it is unfit for use. Except as provided in
subsection (c), the owner or operator must, after January 12, 1988, obtain and
keep on file at the facility a written assessment reviewed and certified by an
independent, a qualified, registered professional engineer Professional Engineer,
in accordance with 35 Ill. Adm. Code 702.126(d), that attests to the tank system’s
integrity.
b)
This assessment must determine whether the tank system is adequately designed
and has sufficient structural strength and compatibility with the wastes to be
stored or treated to ensure that it will not collapse, rupture, or fail. At a minimum,
this assessment must consider the following:
1)
Design standards, if available, according to which the tank and ancillary
equipment were constructed;
2)
Hazardous characteristics of the wastes that have been or will be handled;
3)
Existing corrosion protection measures;
4)
Documented age of the tank system, if available, (otherwise, an estimate
of the age); and
5)
Results of a leak test, internal inspection, or other tank integrity
examination, such that the following conditions are met:
A)
For non-enterable underground tanks, this assessment must consist
of a leak test that is capable of taking into account the effects of
temperature variations, tank end deflection, vapor pocket, and high
water table effects.
B)
For other than non-enterable underground tanks and for ancillary
equipment, this assessment must be either a leak test, as described
above, or an internal inspection or other tank integrity examination
certified by an independent,
a qualified, registered professional
engineer Professional Engineer, in accordance with 35 Ill. Adm.
Code 702.126(d), that addresses cracks, leaks, corrosion, and
erosion.
BOARD NOTE: The practices described in the American Petroleum
Institute (API) Publication, “Guide for Inspection of Refinery
503
Equipment,” Chapter XIII, “Atmospheric and Low-Pressure Storage
Tanks,” incorporated by reference in 35 Ill. Adm. Code 720.111(a), may
be used, where applicable, as guidelines in conducting the integrity
examination of an other than non-enterable underground tank system.
c)
Tank systems that store or treat materials that become hazardous wastes
subsequent to July 14, 1986 must conduct this assessment within 12 months after
the date that the waste becomes a hazardous waste.
d)
If, as a result of the assessment conducted in accordance with subsection (a) of
this Section, a tank system is found to be leaking or unfit for use, the owner or
operator must comply with the requirements of Sections 725.296.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 725.292
Design and Installation of New Tank Systems or Components
a)
An owner or operator of a new tank system or component must ensure that the
foundation, structural support, seams, connections, and pressure controls (if
applicable) are adequately designed and that the tank system has sufficient
structural strength, compatibility with the wastes to be stored or treated, and
corrosion protection so that it will not collapse, rupture, or fail. The owner or
operator must obtain a written assessment reviewed and certified by an
independent, a qualified, registered professional engineer Professional Engineer,
in accordance with 35 Ill. Adm. Code 702.126(d), attesting that the system has
sufficient structural integrity and is acceptable for the storing and treating of
hazardous waste. This assessment must include, at a minimum,
the following
information:
1)
Design standards according to which the tanks and ancillary equipment is
or will be constructed.
2)
Hazardous characteristics of the wastes to be handled.
3)
For new tank systems or components in which the external shell of a metal
tank or any external metal component of the tank system is or will be in
contact with the soil or with water, a determination by a corrosion expert
of the following:
A)
Factors affecting the potential for corrosion, including but not
limited to the following:
i)
Soil moisture content;
ii)
Soil pH;
504
iii)
Soil sulfides level;
iv)
Soil resistivity;
v)
Structure to soil potential;
vi)
Influence of nearby underground metal structures (e.g.,
piping);
vii)
Stray electric current;
viii)
Existing corrosion-protection measures (e.g., coating,
cathodic protection, etc.); and
B)
The type and degree of external corrosion protection that are
needed to ensure the integrity of the tank system during the use of
the tank system or component, consisting of one or more of the
following:
i)
Corrosion-resistant materials of construction such as
special alloys, or fiberglass-reinforced plastic;
ii)
Corrosion-resistant coating (such as epoxy, fiberglass, etc.)
with cathodic protection (e.g., impressed current or
sacrificial anodes); and
iii)
Electrical isolation devices such as insulating joints and
flanges, etc.
BOARD NOTE: The practices described in the National
Association of Corrosion Engineers (NACE) Standard, “Control of
External Corrosion on Metallic Buried, Partially Buried, or
Submerged Liquid Storage Systems,” NACE Recommended
Practice RP0285, and “Cathodic Protection of Underground
Petroleum Storage Tanks and Piping Systems,” API
Recommended Practice 1632, each incorporated by reference in 35
Ill. Adm. Code 720.111(a), may be used, where applicable, as
guidelines in providing corrosion protection for tank systems.
4)
For underground tank system components that are likely to be affected by
vehicular traffic, a determination of design or operational measures that
will protect the tank system against potential damage; and
5)
Design considerations to ensure the following:
A)
Tank foundations will maintain the load of a full tank;
505
B)
Tank systems will be anchored to prevent flotation or
dislodgement where the tank system is placed in a saturated zone,
or is located within a seismic fault zone; and
C)
Tank systems will withstand the effects of frost heave.
b)
The owner and operator of a new tank system must ensure that proper handling
procedures are adhered to in order to prevent damage to the system during
installation. Prior to covering, enclosing or placing a new tank system or
component in use, an independent, qualified installation inspector or an
independent, a qualified, registered professional engineer Professional Engineer,
either of whom is trained and experienced in the proper installation of tank
systems or components, must inspect the system or component for the presence of
any of the following items:
1)
Weld breaks;
2)
Punctures;
3)
Scrapes of protective coatings;
4)
Cracks;
5)
Corrosion; and
6)
Other structural damage or inadequate construction or installation. All
discrepancies must be remedied before the tank system is covered,
enclosed, or placed in use.
c)
New tank systems or components and piping that are placed underground and
which are backfilled must be provided with a backfill material that is a
noncorrosive, porous, and homogeneous substance which is carefully installed so
that the backfill is placed completely around the tank and compacted to ensure
that the tank and piping are fully and uniformly supported.
d)
All new tanks and ancillary equipment must be tested for tightness prior to being
covered, enclosed or placed in use. If a tank system is found not to be tight, all
repairs necessary to remedy the leaks in the system must be performed prior to the
tank system being covered, enclosed, or placed in use.
e)
Ancillary equipment must be supported and protected against physical damage
and excessive stress due to settlement, vibration, expansion, or contraction.
BOARD NOTE: The piping system installation procedures described in
“Installation of Underground Petroleum Storage Systems,” API Recommended
506
Practice 1615, or “Chemical Plant and Petroleum Refinery Piping,” ASME/ANSI
Standard B31.3-1987, as supplemented by B31.3a-1988 and B31.3b-1988, each
incorporated by reference in 35 Ill. Adm. Code 720.111(a), may be used where
applicable, as guidelines for proper installation of piping systems.
f)
The owner and operator must provide the type and degree of corrosion protection
necessary, based on the information provided under subsection (a)(3) of this
Section, to ensure the integrity of the tank system during use of the tanks system.
An independent corrosion expert must supervise the installation of a corrosion
protection system that is field fabricated to ensure proper installation.
g)
The owner and operator must obtain and keep on file at the facility written
statements by those persons required to certify the design of the tank system and
supervise the installation of the tank system in accordance with the requirements
of subsections (b) through (f) of this Section to attest that the tank system was
properly designed and installed and that repairs, pursuant to subsections (b) and
(d) of this Section were performed. These written statements must also include
the certification statement, as required in 35 Ill. Adm. Code 702.126(d).
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 725.293
Containment and Detection of Releases
a)
In order to prevent the release of hazardous waste or hazardous constituents to the
environment, secondary containment that meets the requirements of this Section
must be provided (except as provided in subsections (f) and (g) of this Section).
1)
For a new or existing
tank system or component, prior to its being put into
service;
.
2)
For all existing tanks used to store or treat USEPA Hazardous Waste
Numbers F020, F021, F022, F023, F026, and F027, as defined in 35 Ill.
Adm. Code 721.131, within two years after January 12, 1987;
3)
For those existing tank systems of known and documentable age, within
two years after January 12, 1987, or when the tank systems have reached
15 years of age, whichever come later;
4)
For those existing tank systems for which the age cannot be documented,
within eight years of January 12, 1987; but if the age of the facility is
greater than seven years, secondary containment must be provided by the
time the facility reaches 15 years of age or within two years of January 12,
1987, whichever comes later; and
52)
For a tank systems system that store stores or treat treats materials that
become hazardous wastes subsequent to January 12, 1987
, within the time
507
intervals required in subsections (a)(1) through (a)(4) of this Section,
except that the date that a material becomes a hazardous waste must be
used in place of January 12, 1987 two years of the hazardous waste listing,
or when the tank system has reached 15 years of age, whichever comes
later.
b)
Secondary containment systems must be as follows:
1)
Designed, installed, and operated to prevent any migration of wastes or
accumulated liquid out of the system to the soil, groundwater, or surface
water at any time during the use of the tank system; and
2)
Capable of detecting and collecting releases and accumulated liquids until
the collected material is removed.
c)
To meet the requirements of subsection (b) of this Section, secondary
containment systems must be at a minimum as follows:
1)
Constructed of or lined with materials that are compatible with the wastes
to be placed in the tank system and of sufficient strength and thickness to
prevent failure due to pressure gradients (including static head and
external hydrological forces), physical contact with the waste to which
they are exposed, climatic conditions, the stress of installation, and the
stress of daily operation (including stresses from nearby vehicular traffic);
2)
Placed on a foundation or base capable of providing support to the
secondary containment system and resistance to pressure gradients above
and below the system and capable of preventing failure due to settlement,
compression, or uplift;
3)
Provided with a leak detection system that is designed and operated so that
it will detect the failure of either the primary and secondary containment
structure or any release of hazardous waste or accumulated liquid in the
secondary containment system within 24 hours, or as otherwise provided
in the RCRA permit if the operator has demonstrated to the Agency, by
way of permit application, that the existing detection technology or site
conditions will not allow detection of a release within 24 hours;
4)
Sloped or otherwise designed or operated to drain and remove liquids
resulting from leaks, spills, or precipitation. Spilled or leaked waste and
accumulated precipitation must be removed from the secondary
containment system within 24 hours, or as otherwise provided in the
RCRA permit if the operator has demonstrated to the Agency, by way of
permit application, that removal of the released waste or accumulated
precipitation cannot be accomplished within 24 hours.
508
BOARD NOTE: If the collected material is a hazardous waste under 35
Ill. Adm. Code 721, it is subject to management as a hazardous waste in
accordance with all applicable requirements of 35 Ill. Adm. Code 722
through 728. If the collected material is discharged through a point source
to waters of the State, it is subject to the NPDES permit requirement of
Section 12(f) of the Environmental Protection Act and 35 Ill. Adm. Code
309. If discharged to a Publicly Owned Treatment Works (POTW), it is
subject to the requirements of 35 Ill. Adm. Code 307 and 310. If the
collected material is released to the environment, it may be subject to the
reporting requirements of 35 Ill. Adm. Code 750.410 and federal 40 CFR
302.6.
d)
Secondary containment for tanks must include one or more of the following
devices:
1)
A liner (external to the tank);
2)
A vault;
3)
A double-walled tank; or
4)
An equivalent device as approved by the Board in an adjusted standards
proceeding.
e)
In addition to the requirements of subsections (b), (c), and (d), secondary
containment systems must satisfy the following requirements:
1)
External liner systems must be as follows:
A)
Designed or operated to contain 100 percent of the capacity of the
largest tank within the liner system’s boundary;
B)
Designed or operated to prevent run-on or infiltration of
precipitation into the secondary containment system, unless the
collection system has sufficient excess capacity to contain run-on
or infiltration. Such additional capacity must be sufficient to
contain precipitation from a 25-year, 24-hour rainfall event;
C)
Free of cracks or gaps; and
D)
Designed and installed to completely surround the tank and to
cover all surrounding earth likely to come into contact with the
waste if released from the tanks (i.e., capable of preventing lateral
as well as vertical migration of the waste).
2)
Vault systems must be as follows:
509
A)
Designed or operated to contain 100 percent of the capacity of the
largest tank within the vault system’s boundary;
B)
Designed or operated to prevent run-on or infiltration of
precipitation into the secondary containment system, unless the
collection system has sufficient excess capacity to contain run-on
or infiltration. Such additional capacity must be sufficient to
contain precipitation from a 25-year, 24-hour rainfall event;
C)
Constructed with chemical-resistant water stops in place at all
joints (if any);
D)
Provided with an impermeable interior coating or lining that is
compatible with the stored waste and that will prevent migration of
waste into the concrete;
E)
Provided with a means to protect against the formation of and
ignition of vapors within the vault, if the waste being stored or
treated:
i)
Meets the definition of ignitable waste under 35 Ill. Adm.
Code 721.121; or
ii)
Meets the definition of reactive waste under 35 Ill. Adm.
Code 721.123 and may form an ignitable or explosive
vapor; and
F)
Provided with an exterior moisture barrier or be otherwise
designed or operated to prevent migration of moisture into the
vault if the vault is subject to hydraulic pressure.
3)
Double-walled tanks must be as follows:
A)
Designed as an integral structure (i.e., an inner tank within an outer
shell) so that any release from the inner tank is contained by the
outer shell;
B)
Protected, if constructed of metal, from both corrosion of the
primary tank interior and the external surface of the outer shell;
and
C)
Provided with a built-in continuous leak detection system capable
of detecting a release within 24 hours or as otherwise provided in
the RCRA permit if the operator has demonstrated to the Agency,
by way of permit application, that the existing leak detection
510
technology or site conditions will not allow detection of a release
within 24 hours.
BOARD NOTE: The provisions outlined in the Steel Tank Institute (STI)
document “Standard for Dual Wall Underground Steel Storage Tanks,”
incorporated by reference in 35 Ill. Adm. Code 720.111(a), may be used
as guidelines for aspects of the design of underground steel double-walled
tanks.
f)
Ancillary equipment must be provided with full secondary containment (e.g.,
trench, jacketing, double-walled piping, etc.) that meets the requirements of
subsections (c) and (h) of this Section, except for the following:
1)
Aboveground piping (exclusive of flanges, joints, valves, and
connections) that are visually inspected for leaks on a daily basis;
2)
Welded flanges, welded joints, and welded connections that are visually
inspected for leaks on a daily basis;
3)
Sealless or magnetic coupling pumps and sealless valves that are visually
inspected for leaks on a daily basis; and
4)
Pressurized aboveground piping systems with automatic shut-off devices
(e.g., excess flow check valves, flow metering shutdown devices, loss of
pressure actuated shut-off devices, etc.) that are visually inspected for
leaks on a daily basis.
g)
Pursuant to Section 28.1 of the Environmental Protection Act [415 ILCS 5/28.1],
and in accordance with Subpart D of 35 Ill. Adm. Code 104, an adjusted standard
will be granted by the Board regarding alternative design and operating practices
only if the Board finds either that the alternative design and operating practices,
together with location characteristics, will prevent the migration of any hazardous
waste or hazardous constituents into the groundwater or surface water at least as
effectively as secondary containment during the active life of the tank system, or
that in the event of a release that does migrate to groundwater or surface water, no
substantial present or potential hazard will be posed to human health or the
environment. New underground tank systems may not receive an adjusted
standard from the secondary containment requirements of this Section through a
justification in accordance with subsection (g)(2) of this Section.
1)
When determining whether to grant alternative design and operating
practices based on a demonstration of equivalent protection of
groundwater and surface water, the Board will consider whether the
petitioner has justified an adjusted standard based on the following
factors:
511
A)
The nature and quantity of the waste;
B)
The proposed alternate design and operation;
C)
The hydrogeologic setting of the facility, including the thickness of
soils between the tank system and groundwater; and
D)
All other factors that would influence the quality and mobility of
the hazardous constituents and the potential for them to migrate to
groundwater or surface water.
2)
In deciding whether to grant alternative design and operating practices
based on a demonstration of no substantial present or potential hazard, the
Board will consider whether the petitioner has justified an adjusted
standard based on the following factors:
A)
The potential adverse effects on groundwater, surface water, and
land quality taking the following into account:
i)
The physical and chemical characteristics of the waste in
the tank system, including its potential for migration;
ii)
The hydrogeological characteristics of the facility and
surrounding land;
iii)
The potential for health risks caused by human exposure to
waste constituents;
iv)
The potential for damage to wildlife; crops, vegetation, and
physical structures caused by exposure to waste
constituents; and
v)
The persistence and permanence of the potential adverse
effects;
B)
The potential adverse effects of a release on groundwater quality,
taking the following into account:
i)
The quantity and quality of groundwater and the direction
of groundwater flow;
ii)
The proximity and withdrawal rates of water in the area;
iii)
The current and future uses of groundwater in the area; and
iv)
The existing quality of groundwater, including other
512
sources of contamination and their cumulative impact on
the groundwater quality;
C)
The potential adverse effects of a release on surface water quality,
taking the following into account:
i)
The quantity and quality of groundwater and the direction
of groundwater flow;
ii)
The patterns of rainfall in the region;
iii)
The proximity of the tank system to surface waters;
iv)
The current and future uses of surface waters in the area
and water quality standards established for those surface
waters; and
v)
The existing quality of surface water, including other
sources of contamination and the cumulative impact on
surface water quality; and
D)
The potential adverse effects of a release on the land surrounding
the tank system, taking the following into account:
i)
The patterns of rainfall in the region; and
ii)
The current and future uses of the surrounding land.
3)
The owner or operator of a tank system, for which alternative design and
operating practices had been granted in accordance with the requirements
of subsection (g)(1), at which a release of hazardous waste has occurred
from the primary tank system but has not migrated beyond the zone of
engineering control (as established in the alternative design and operating
practices), must fulfill the following requirements:
A)
It must comply with the requirements of Section 725.296, except
Section 725.296(d); and
B)
It must decontaminate or remove contaminated soil to the extent
necessary to assure the following:
i)
It must enable the tank system, for which alternative design
and operating practices were granted, to resume operation
with the capability for the detection of and response to
releases at least equivalent to the capability it had prior to
the release; and
513
ii)
It must prevent the migration of hazardous waste or
hazardous constituents to groundwater or surface water.
C)
If contaminated soil cannot be removed or decontaminated in
accordance with subsection (g)(3)(B), it must comply with the
requirements of Section 725.297(b).
4)
The owner or operator of a tank system, for which alternative design and
operating practices had been granted in accordance with the requirements
of subsection (g)(1) of this Section, at which a release of hazardous waste
has occurred from the primary tank system and has migrated beyond the
zone of engineering control (as established in the alternative design and
operating practices, must fulfill the following requirements:
A)
It must comply with the requirements of Section 725.296(a), (b),
(c), and (d); and
B)
It must prevent the migration of hazardous waste or hazardous
constituents to groundwater or surface water, if possible, and
decontaminate or remove contaminated soil. If contaminated soil
cannot be decontaminated or removed, or if groundwater has been
contaminated, the owner or operator must comply with the
requirements of Section 725.297(b);
C)
If repairing, replacing, or reinstalling the tank system, it must
provide secondary containment in accordance with the
requirements of subsections (a) through (f) of this Section, or make
the alternative design and operating practices demonstration to the
Board again with respect to secondary containment and meet the
requirements for new tank systems in Section 725.292 if the tank
system is replaced. The owner or operator must comply with these
requirements even if contaminated soil is decontaminated or
removed, and groundwater or surface water has not been
contaminated.
h)
In order to make an alternative design and operating practices demonstration, the
owner or operator must follow the following procedures, in addition to those
specified in Section 28.1 of the Act [415 ILCS 5/28.1] and Subpart D of 35 Ill.
Adm. Code 104:
1)
The owner or operator must file a petition for approval of alternative
design and operating practices according to the following schedule:
A)
For existing tank systems, at least 24 months prior to the date that
secondary containment must be provided in accordance with
514
subsection (a) of this Section; and
B)
For new tank systems, at least 30 days prior to entering into a
contract for installation of the tank system.
2)
As part of the petition, the owner or operator must also submit the
following to the Board:
A)
A description of the steps necessary to conduct the demonstration
and a timetable for completing each of the steps. The
demonstration must address each of the factors listed in subsection
(g)(1) or (g)(2) of this Section; and
B)
The portion of the Part B permit application specified in 35 Ill.
Adm. Code 703.202.
3)
The owner or operator must complete its showing within 180 days after
filing its petition for approval of alternative design and operating
practices.
4)
The Agency must issue or modify the RCRA permit so as to require the
permittee to construct and operate the tank system in the manner that was
provided in any Board order approving alternative design and operating
practices.
i)
All tank systems, until such time as secondary containment meeting the
requirements of this Section is provided, must comply with the following:
1)
For non-enterable underground tanks, a leak test that meets the
requirements of Section 725.291(b)(5) must be conducted at least
annually.
2)
For other than non-enterable underground tanks and for all ancillary
equipment, an annual
the owner or operator must either conduct a leak
test, as described in subsection (i)(1) of this Section, or an internal
inspection or other tank integrity examination, by an independent,
a
qualified, registered professional engineer Professional Engineer, that
addresses cracks, leaks, and
corrosion and or erosion must be conducted at
least annually. The owner or operator must remove the stored waste from
the tank, if necessary, to allow the condition of all internal tank surfaces to
be assessed.
BOARD NOTE: The practices described in API Publication “Guide for
Inspection of Refinery Equipment,” Chapter XIII, “Atmospheric and Low
Pressure Storage Tanks,” incorporated by reference in 35 Ill. Adm. Code
720.111(a), may be used, when applicable, as guidelines for assessing the
515
overall condition of the tank system.
3)
The owner or operator must maintain on file at the facility a record of the
results of the assessments conducted in accordance with subsections (i)(1)
through (i)(3) of this Section.
4)
If a tank system or component is found to be leaking or unfit for use as a
result of the leak test or assessment in subsections (i)(1) through (i)(3) of
this Section, the owner or operator must comply with the requirements of
Section 725.296.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 725.295
Inspections
a)
The owner or operator must inspect the following, where present, at least once
each operating day:
, data gathered from monitoring and leak detection equipment
(e.g., pressure or temperature gauges, monitoring wells, etc.) to ensure that the
tank system is being operated according to its design.
b)
Except as noted under the subsection (c) of this Section, the owner or operator
must inspect the following at least once each operating day:
1)
Overfill/spill control equipment (e.g., waste-feed cutoff systems, bypass
systems, and drainage systems) to ensure that it is in good working order;
2)
The aboveground portion
Above ground portions of the tank system, if
any, to detect corrosion or releases of waste; and
3)
Data gathered from monitoring equipment (e.g., pressure and temperature
gauges, monitoring wells, etc.) to ensure that the tank system is being
operated according to its design; and
43)
The construction materials and the area immediately surrounding the
externally accessible portion of the tank system,
including the secondary
containment structures
system (e.g., dikes) to detect erosion or signs of
releases of hazardous waste (e.g., wet spots, dead vegetation, etc.);
.
BOARD NOTE: Section 725.115(c) requires the owner or operator to remedy
any deterioration or malfunction the owner or operator finds. Section 725.296
requires the owner or operator to notify the Agency within 24 hours of confirming
a release. Also, federal 40 CFR 302 may require the owner or operator to notify
the National Response Center of a release.
c)
The owner or operator of a tank system that either uses leak detection equipment
to alert facility personnel to leaks or implements established workplace practices
516
to ensure leaks are promptly identified must inspect at least weekly those areas
described in subsections (b)(1) through (b)(3) of this Section. Use of the alternate
inspection schedule must be documented in the facility’s operating record. This
documentation must include a description of the established workplace practices
at the facility.
d)
The owner or operator of a Performance Track member facility may inspect on a
less frequent basis, after approval by the Agency, but it must inspect at least once
each month. To apply for a less than weekly inspection frequency, the owner or
operator of the Performance Track member facility must follow the procedures
described in Section 725.115(b)(5).
e)
Ancillary equipment that is not provided with secondary containment, as
described in Section 725.293(f)(1) through (f)(4), must be inspected at least once
each operating day.
bf)
The owner or operator must inspect cathodic protection systems, if present,
according to, at a minimum, the following schedule to ensure that they are
functioning properly:
1)
The proper operation of the cathodic protection system must be confirmed
within six months after initial installation, and annually thereafter; and
2)
All sources of impressed current must be inspected or tested, as
appropriate, at least every other month.
BOARD NOTE: The practices described in “Control of External Corrosion on
Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems,” NACE
Recommended Practice RP0285-85, or “Cathodic Protection of Underground
Petroleum Storage Tanks and Piping Systems,” API Recommended Practice
1632, each incorporated by reference in 35 Ill. Adm. Code 720.111(a), may be
used, where applicable, as guidelines in maintaining and inspecting cathodic
protection systems.
cg)
The owner or operator must document in the operating record of the facility an
inspection of those items in subsections (a) and (b) of this Section.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 725.296
Response to Leaks or Spills and Disposition of Tank Systems
A tank system or secondary containment system from which there has been a leak or spill, or
which is unfit for use, must be removed from service immediately. The owner or operator must
satisfy the following requirements:
a)
Cease using; prevent flow or addition of wastes. The owner or operator must
517
immediately stop the flow of hazardous waste into the tank system or secondary
containment system and inspect the system to determine the cause of the release.
b)
Removal of waste from tank system or secondary containment system.
1)
If the release was from the tank system, the owner or operator must,
within 24 hours after detection of the leak, remove as much of the waste as
is necessary to prevent further release of hazardous waste to the
environment and to allow inspection and repair of the tank system to be
performed.
2)
If the release was to a secondary containment system, all released
materials must be removed within 24 hours to prevent harm to human
health and the environment.
c)
Containment of visible releases to the environment. The owner or operator must
immediately conduct a visual inspection of the release and, based upon that
inspection, do the following:
1)
Prevent further migration of the leak or spill to soils or surface water; and
2)
Remove and properly dispose of any visible contamination of the soil or
surface water.
d)
Notifications; reports.
1)
Any release to the environment, except as provided in subsection (d)(2) of
this Section, must be reported to the Agency within 24 hours after
detection.
2)
A leak or spill of hazardous waste is exempted from the requirements of
this subsection (d) if the following occur:
A)
The spill is less than or equal to a quantity of one pound; and
B)
The spill is immediately contained and cleaned-up.
3)
Within 30 days after detection of a release to the environment, a report
containing the following information must be submitted to the Agency:
A)
Likely route of migration of the release;
B)
Characteristics of the surrounding soil (soil composition, geology,
hydrogeology, climate, etc.);
C)
Results of any monitoring or sampling conducted in connection
518
with the release (if available). If sampling or monitoring data
relating to the release are not available within 30 days, these data
must be submitted to the Agency as soon as they become available;
D)
Proximity to downgradient drinking water, surface water, and
population areas; and
E)
Description of response actions taken or planned.
e)
Provision of secondary containment, repair, or closure.
1)
Unless the owner or operator satisfies the requirements of subsections
(e)(2) through (e)(4) of this Section, the tank system must be closed in
accordance with Section 725.297.
2)
If the cause of the release was a spill that has not damaged the integrity of
the system, the owner or operator may return the system to service as soon
as the released waste is removed and repairs, if necessary, are made.
3)
If the cause of the release was a leak from the primary tank system into the
secondary containment system, the system must be repaired prior to
returning the tank system to service.
4)
If the source of the release was a leak to the environment from a
component of a tank system without secondary containment, the owner or
operator must provide the component of the system from which the leak
occurred with secondary containment that satisfies the requirements of
Section 725.293 before it is returned to service, unless the source of the
leak is an aboveground portion of a tank system. If the source is an
aboveground component that can be inspected visually, the component
must be repaired and may be returned to service without secondary
containment as long as the requirements of subsection (f) of this Section
are satisfied. If a component is replaced to comply with the requirements
of this subsection (e)(4), that component must satisfy the requirements for
new tank systems or components in Sections 725.292 and 725.293.
Additionally, if a leak has occurred in any portion of a tank system
component that is not readily accessible for visual inspection (e.g., the
bottom of an inground or onground tank), the entire component must be
provided with secondary containment in accordance with Section 725.293
prior to being returned to use.
f)
Certification of major repairs. If the owner or operator has repaired a tank system
in accordance with subsection (e) of this Section, and the repair has been
extensive (e.g., installation of an internal liner, repair of a ruptured primary
containment or secondary containment vessel, etc.), the tank system must not be
returned to service unless the owner or operator has obtained a certification by an
519
independent
a qualified, registered professional engineer Professional Engineer,
in accordance with 35 Ill. Adm. Code 702.126(d),
that the repaired system is
capable of handling hazardous wastes without release for the intended life of the
system. This certification must be submitted to the Agency within seven days
after returning the tank system to use placed in the operating record and
maintained until closure of the facility.
BOARD NOTE: See Section 725.115(c) for the requirements necessary to remedy a failure.
Also, federal 40 CFR 302.6 requires the owner or operator to notify the National Response
Center of a release of any “reportable quantity.”
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 725.301
Generators of 100 to 1,000 Kilograms of Hazardous Waste Per Month
a)
The requirements of this Section apply to small quantity generators that generate
more than 100 kg but less than 1,000 kg of hazardous waste in a calendar month,
that accumulate hazardous waste in tanks for less than 180 days (or 270 days if
the generator must ship the waste greater than 200 miles), and that do not
accumulate over 6,000 kg on-site at any time.
b)
A generator of between 100 and 1,000 kg/mo hazardous waste must comply with
the following general operating requirements:
1)
Treatment or storage of hazardous waste in tanks must comply with
Section 725.117(b);
2)
Hazardous wastes or treatment reagents must not be placed in a tank if
they could cause the tank or its inner liner to rupture, leak, corrode, or
otherwise fail before the end of its intended life;
3)
Uncovered tanks must be operated to ensure at least 60 centimeters (2
feet) of freeboard unless the tank is equipped with a containment structure
(e.g., dike or trench), a drainage control system, or a diversion structure
(e.g., standby tank) with a capacity that equals or exceeds the volume of
the top 60 centimeters (2 feet) of the tank; and
4)
Where hazardous waste is continuously fed into a tank, the tank must be
equipped with a means to stop this inflow (e.g., waste feed cutoff system
or by-pass system to a stand-by tank).
BOARD NOTE: These systems are intended to be used in the event of a
leak or overflow from the tank due to a system failure (e.g., a malfunction
in the treatment process, a crack in the tank, etc.).
c)
A
Except as noted in subsection (d) of this Section, a generator of between 100
520
and 1,000 kg/mo accumulating hazardous waste in tanks must inspect the
following, where present:
1)
Discharge control equipment (e.g., waste feed cutoff systems, by-pass
systems, and drainage systems) at least once each operating day, to ensure
that it is in good working order;
2)
Data gathered from monitoring equipment (e.g., pressure and temperature
gauges) at least once each operating day to ensure that the tank is being
operated according to its design;
3)
The level of waste in the tank at least once each operating day to ensure
compliance with subsection (b)(3) of this Section;
4)
The construction materials of the tank at least weekly to detect corrosion
or leaking of fixtures or seams; and
5)
The construction materials of and the area immediately surrounding
discharge confinement structures (e.g., dikes) at least weekly to detect
erosion or obvious signs of leakage (e.g., wet spots or dead vegetation).
BOARD NOTE: As required by Section 725.115(c), the owner or
operator must remedy any deterioration or malfunction the owner or
operator finds.
d)
A generator that accumulates between 100 and 1,000 kg/mo of hazardous waste in
tanks or tank systems which have full secondary containment and which either
uses leak detection equipment to alert facility personnel to leaks or implements
established workplace practices to ensure leaks are promptly identified must
inspect at least weekly, where applicable, the areas identified in subsections (c)(1)
through (c)(5) of this Section. Use of the alternate inspection schedule must be
documented in the facility’s operating record. This documentation must include a
description of the established workplace practices at the facility.
e)
The owner or operator of a Performance Track member facility may inspect on a
less frequent basis after approval by the Agency, but it must inspect at least once
each month. To apply for a less than weekly inspection frequency, the owner or
operator of the Performance Track member facility must follow the procedures
described in Section 725.115(b)(5).
df)
A generator of between 100 and 1,000 kg/mo accumulating hazardous waste in
tanks must, upon closure of the facility, remove all hazardous waste from tanks,
discharge control equipment, and discharge confinement structures.
BOARD NOTE: At closure, as throughout the operating period, unless the owner
or operator demonstrates, in accordance with 35 Ill. Adm. Code 721.103(d) or (e),
521
that any solid waste removed from the tank is not a hazardous waste, the owner or
operator becomes a generator of hazardous waste and must manage it in
accordance with all applicable requirements of 35 Ill. Adm. Code 722, 723, and
725.
eg)
A generator of between 100 and 1,000 kg/mo must comply with the following
special requirements for ignitable or reactive waste:
1)
Ignitable or reactive waste must not be placed in a tank unless one of the
following conditions are fulfilled:
A)
The waste is treated, rendered, or mixed before or immediately
after placement in a tank so that the following is true of the waste:
i)
The resulting waste, mixture, or dissolution of material no
longer meets the definition of ignitable or reactive waste
under 35 Ill. Adm. Code 721.121 or 721.123, and
ii)
Section 725.117(b) is complied with;
B)
The waste is stored or treated in such a way that it is protected
from any material or conditions that may cause the waste to ignite
or react; or
C)
The tank is used solely for emergencies.
2)
The owner or operator of a facility that treats or stores ignitable or reactive
waste in covered tanks must comply with the buffer zone requirements for
tanks contained in Tables 2-1 through 2-6 of “Flammable and
Combustible Liquids Code,” NFPA 30, incorporated by reference in 35 Ill.
Adm. Code 720.111(a).
f)
A generator of between 100 and 1,000 kg/mo must comply with the following
special requirements for incompatible wastes:
1)
Incompatible wastes or incompatible wastes and materials (see appendix
V of 40 CFR 265 (Examples of Potentially Incompatible Waste),
incorporated by reference in 35 Ill. Adm. Code 720.111(b), for examples)
must not be placed in the same tank unless Section 725.117(b) is complied
with.
2)
Hazardous waste must not be placed in an unwashed tank that previously
held an incompatible waste or material unless Section 725.117(b) is
complied with.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
522
SUBPART K: SURFACE IMPOUNDMENTS
Section 725.321
Design and Operating Requirements
a)
The owner or operator of each new surface impoundment unit on which
construction commences after January 29, 1992, each lateral expansion of a
surface impoundment unit on which construction commences after July 29, 1992
,
and each replacement of an existing surface impoundment unit that is to
commence reuse after July 29, 1992, must install two or more liners and a
leachate collection and removal system between such liners, and operate the
leachate collection and removal system, in accordance with 35 Ill. Adm. Code
724.321(c), unless exempted under 35 Ill. Adm. Code 724.321(d), (e), or (f).
“Construction commences” is
as defined in 35 Ill. Adm. Code 720.110 under
“existing facility.”
b)
The owner or operator of each unit referred to in subsection (a) of this Section
must notify the Agency at least sixty days prior to receiving waste. The owner or
operator of each facility submitting notice must file a Part B application within
six months of the receipt of such notice.
c)
The owner or operator of any replacement surface impoundment unit is exempt
from subsection (a) of this Section if the following conditions are fulfilled:
1)
The existing unit was constructed in compliance with the design standards
of 35 Ill. Adm. Code 724.321(c), (d), and (e); and
BOARD NOTE: The cited subsections implemented the design standards
of sections 3004(o)(1)(A)(i) and (o)(5) of the Resource Conservation and
Recovery Act (42 USC 6924(o)(1)(A)(i) and (o)(5)).
2)
There is no reason to believe that the liner is not functioning as designed.
d)
The Agency must not require a double liner as set forth in subsection (a) of this
Section for any monofill, if the following conditions are fulfilled:
1)
The monofill contains only hazardous wastes from foundry furnace
emission controls or metal casting molding sand, and such wastes do not
contain constituents that render the wastes hazardous for reasons other
than the toxicity characteristic in 35 Ill. Adm. Code 721.124, with USEPA
hazardous waste numbers D004 through D017; and
2)
No migration demonstration.
A)
Design and location requirements.
523
i)
The monofill has at least one liner for which there is no
evidence that such liner is leaking. For the purposes of this
subsection (d)(2)(A)(i) the term “liner” means a liner
designed, constructed, installed, and operated to prevent
hazardous waste from passing into the liner at any time
during the active life of the facility, or a liner designed,
constructed, installed, and operated to prevent hazardous
waste from migrating beyond the liner to adjacent
subsurface soil, groundwater, or surface water at any time
during the active life of the facility. In the case of any
surface impoundment that has been exempted from the
requirements of subsection (a) of this Section, of a liner
designed, constructed, installed, and operated to prevent
hazardous waste from passing beyond the liner, at the
closure of such impoundment the owner or operator must
remove or decontaminate all waste residues, all
contaminated liner material and contaminated soil to the
extent practicable. If all contaminated soil is not removed
or decontaminated, the owner or operator of such
impoundment must comply with appropriate post-closure
requirements, including but not limited to groundwater
monitoring and corrective action;
ii)
The monofill is located more than one-quarter mile from an
underground source of drinking water (as that term is
defined in 35 Ill. Adm. Code 702.110); and
iii)
The monofill is in compliance with generally applicable
groundwater monitoring requirements for facilities with
RCRA permits; or
B)
The owner or operator demonstrates to the Board that the monofill
is located, designed, and operated so as to assure that there will be
no migration of any hazardous constituent into groundwater or
surface water at any future time.
e)
In the case of any unit in which the liner and leachate collection system have been
installed pursuant to the requirements of subsection (a) of this Section, and in
good faith compliance with subsection (a) of this Section and with guidance
documents governing liners and leachate collection systems under subsection (a)
of this Section, the Agency must not require a liner or leachate collection system
that is different from that which was so installed pursuant to subsection (a) of this
Section when issuing the first permit to such facility, except that the Agency is
not precluded from requiring installation of a new liner when the Agency finds
that any liner installed pursuant to the requirements of subsection (a) of this
Section is leaking.
524
f)
A surface impoundment must maintain enough freeboard to prevent any
overtopping of the dike by overfilling, wave action, or a storm. Except as
provided in subsection (g) of this Section, there must be at least 60 centimeters
(two feet) of freeboard.
g)
A freeboard level less than 60 centimeters (two feet) may be maintained if the
owner or operator obtains certification by a qualified engineer that alternate
design features or operating plans will, to the best of the engineer’s knowledge
and opinion, prevent overtopping of the dike. The certification, along with a
written identification of alternate design features or operating plans preventing
overtopping, must be maintained at the facility.
BOARD NOTE: Any point source discharge from a surface impoundment to
waters of the State is subject to the requirements of Section 12 of the
Environmental Protection Act [415 ILCS 5/12]. Spills may be subject to Section
311 of the Clean Water Act (33 USC 1321).
h)
Surface impoundments that are newly subject to this Part due to the promulgation
of additional listings or characteristics for the identification of hazardous waste
must be in compliance with subsections (a), (c), or (d) of this Section not later
than 48 months after the promulgation of the additional listing or characteristic.
This compliance period must not be cut short as the result of the promulgation of
land disposal prohibitions under 35 Ill. Adm. Code 728 or the granting of an
extension to the effective date of a prohibition pursuant to 35 Ill. Adm. Code
728.105, within this 48 month period.
i)
Refusal to grant an exemption or waiver, or grant with conditions, may be
appealed to the Board.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 725.324
725.323
Containment System
An earthen dike must have a protective cover, such as grass, shale, or rock to minimize wind and
water erosion and to preserve its structural integrity.
BOARD NOTE: Two versions of 40 CFR 265.223 exist in the federal regulations. USEPA
added the second at 57 Fed. Reg. 3486, January 29, 1992. Section 725.324 is derived from the
original version of 40 CFR 265.223.
(Source: Renumbered from Section 725.324 and amended at 32 Ill. Reg. ________, effective
______________________)
525
Section 725.323
725.324
Response Actions
a)
The owner or operator of surface impoundment units subject to Section
725.321(a) must submit
develop and keep on site a response action plan to the
Agency when submitting the proposed action leakage rate under Section 725.322.
The response action plan must set forth the actions to be taken if the action
leakage rate has been exceeded. At a minimum, the response action plan must
describe the actions specified in subsection (b) of this Section.
b)
If the flow rate into the LDS exceeds the action leakage rate for any sump, the
owner or operator must do the following:
1)
Notify the Agency in writing of the exceedence
exceedance within seven
days after the determination;
2)
Submit a preliminary written assessment to the Agency within 14 days of
the determination, as to the amount of liquids; likely sources of liquids;
possible location, size, and cause of any leaks; and short-term actions
taken and planned;
3)
Determine to the extent practicable the location, size, and cause of any
leak;
4)
Determine whether waste receipt should cease or be curtailed; whether
any waste should be removed from the unit for inspection, repairs, or
controls; and whether or not the unit should be closed;
5)
Determine any other short-term and longer-term actions to be taken to
mitigate or stop any leaks; and
6)
Within 30 days after the notification that the action leakage rate has been
exceeded, submit to the Agency the results of the determinations specified
in subsections (b)(3) through (b)(5) of this Section, the results of actions
taken, and actions planned. Monthly thereafter, as long as the flow rate in
the LDS exceeds the action leakage rate, the owner or operator must
submit to the Agency a report summarizing the results of any remedial
actions taken and actions planned.
c)
To make the leak or remediation determinations in subsections (b)(3) through
(b)(5) of this Section, the owner or operator must do either of the following:
1)
Perform the following assessments:
A)
Assess the source of liquids and amounts of liquids by source;
B)
Conduct a fingerprint, hazardous constituent, or other analyses of
526
the liquids in the LDS to identify the source of liquids and possible
location of any leaks, and the hazard and mobility of the liquid;
and
C)
Assess the seriousness of any leaks in terms of potential for
escaping into the environment; or
2)
Document why such assessments are not needed.
d)
Final Agency determinations pursuant to this Section are deemed to be permit
denials for purposes of appeal to the Board pursuant to Section 40 of the
Environmental Protection Act [415 ILCS 5/40].
(Source: Renumbered from Section 725.323 and amended at 32 Ill. Reg. ________, effective
______________________)
SUBPART L: WASTE PILES
Section 725.355
Action Leakage Rates
a)
The owner or operator of waste pile units subject to Section 725.354 must submit
a proposed action leakage rate to the Agency when submitting the notice required
under Section 725.354. Within 60 days after receipt of the notification, the
Agency must either establish an action leakage rate, either as proposed by the
owner or operator or modified using the criteria in this Section, or it must extend
the review period for up to 30 days. If no action is taken by the Agency before
the original 60 or extended 90 day review period, the action leakage rate must be
approved as proposed by the owner or operator.
b)
The Agency must approve an action leakage rate for surface impoundment
waste
pile units subject to Section 725.354. The action leakage rate is the maximum
design flow rate that the LDS can remove without the fluid head on the bottom
liner exceeding one foot. The action leakage rate must include an adequate safety
margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity,
thickness of drainage material, etc.), construction, operation, and location of the
LDS; waste and leachate characteristics; the likelihood and amounts of other
sources of liquids in the LDS; and proposed response actions (e.g., the action
leakage rate must consider decreases in the flow capacity of the system over time
resulting from siltation and clogging, rib layover, and creep of synthetic
components of the system; overburden pressures; etc.).
c)
To determine if the action leakage rate has been exceeded, the owner or operator
must convert the weekly flow rate from the monitoring data obtained under
Section 725.360, to an average daily flow rate (gallons per acre per day) for each
sump. The average daily flow rate for each sump must be calculated weekly
during the active life and closure period.
527
d)
Final Agency determinations pursuant to this Section are deemed to be permit
denials for purposes of appeal to the Board pursuant to Section 40 of the
Environmental Protection Act [415 ILCS 5/40].
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 725.359
Response Actions
a)
The owner or operator of waste pile units subject to Section 725.354 must submit
a response action plan to the Agency when submitting the proposed action
leakage rate under Section 725.355. The response action plan must set forth the
actions to be taken if the action leakage rate has been exceeded. At a minimum,
the response action plan must describe the actions specified in subsection (b) of
this Section.
b)
If the flow rate into the leak determination system exceeds the action leakage rate
for any sump, the owner or operator must do the following:
1)
Notify the Agency in writing of the exceedence
exceedance within seven
days after the determination;
2)
Submit a preliminary written assessment to the Agency within 14 days
after the determination as to the amount of liquids; likely sources of
liquids; possible location, size, and cause of any leaks; and short-term
actions taken and planned;
3)
Determine to the extent practicable the location, size, and cause of any
leak;
4)
Determine whether waste receipts should cease or be curtailed; whether
any waste should be removed from the unit for inspection, repairs, or
controls; and whether or not the unit should be closed;
5)
Determine any other short-term and longer-term actions to be taken to
mitigate or stop any leaks; and
6)
Within 30 days after the notification that the action leakage rate has been
exceeded, submit to the Agency the results of the determinations specified
in subsections (b)(3) through (b)(5) of this Section, the results of actions
taken, and actions planned. Monthly thereafter, as long as the flow rate in
the LDS exceeds the action leakage rate, the owner or operator must
submit to the Agency a report summarizing the results of any remedial
actions taken and actions planned.
c)
To make the leak or remediation determinations in subsections (b)(3) through
528
(b)(5) of this Section, the owner or operator must do either of the following:
1)
Perform the following assessments:
A)
Assess the source of liquids and amounts of liquids by source;
B)
Conduct a fingerprint, hazardous constituent, or other analyses of
the liquids in the LDS to identify the source of liquids and possible
location of any leaks, and the hazard and mobility of the liquid;
and
C)
Assess the seriousness of any leaks in terms of potential for
escaping into the environment; or
2)
Document why such assessments are not needed.
d)
Final Agency determinations pursuant to this Section are deemed to be permit
denials for purposes of appeal to the Board pursuant to Section 40 of the
Environmental Protection Act [415 ILCS 5/40].
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART M: LAND TREATMENT
Section 725.380
Closure and Post-Closure Care
a)
In the closure plan under Section 725.212 and the post-closure plan under Section
725.218 the owner or operator must address the following objectives and indicate
how they will be achieved:
1)
Control of the migration of hazardous waste and hazardous waste
constituents from the treated area into the groundwater;
2)
Control of the release of contaminated runoff from the facility into surface
water;
3)
Control of the release of airborne particulate contaminants caused by wind
erosion; and
4)
Compliance with Section 725.376 concerning the growth of food-chain
crops.
b)
The owner or operator must consider at least the following factors in addressing
the closure and post-closure care objectives of subsection (a) of this Section:
1)
The type and amount of hazardous waste and hazardous waste constituents
529
applied to the land treatment facility;
2)
The mobility and the expected rate of migration of the hazardous waste
and hazardous waste constituents;
3)
The site location, topography, and surrounding land use with respect to the
potential effects of pollutant migration (e.g., proximity to groundwater,
surface water, and drinking water sources);
4)
Climate, including amount, frequency, and pH of precipitation;
5)
Geological and soil profiles and surface and subsurface hydrology of the
site and soil characteristics, including cation exchange capacity, total
organic carbon, and pH;
6)
Unsaturated zone monitoring information obtained under Section 725.378;
and
7)
The type, concentration, and depth of migration of hazardous waste
constituents in the soil, as compared to their background concentrations.
c)
The owner or operator must consider at least the following methods in addressing
the closure and post-closure care objectives of subsection (a) of this Section:
1)
Removal of contaminated soils;
2)
Placement of a final cover, considering the following:
A)
Functions of the cover (e.g., infiltration control, erosion and runoff
control, and wind erosion control); and
B)
Characteristics of the cover, including material, final surface
contours, thickness, porosity and permeability, slope, length of run
of slope, and type of vegetation on the cover; and
3)
Monitoring of groundwater.
d)
In addition to the requirements of Subpart G of this Part during the closure period
the owner or operator of a land treatment facility must do the following:
1)
It must continue unsaturated zone monitoring in a manner and frequency
specified in the closure plan, except that soil pore liquid monitoring may
be terminated 90 days after the last application of waste to the treatment
zone;
2)
It must maintain the run-on control system required under Section
530
725.372(b);
3)
It must maintain the run-off management system required under Section
725.372(c); and
4)
It must control wind dispersal of particulate matter that may be subject to
wind dispersal.
e)
For the purpose of complying with Section 725.215, when closure is completed
the owner or operator may submit to the Agency certification both by the owner
or operator and by an independent,
qualified soil scientist, in lieu of an
independent registered professional engineer a qualified Professional Engineer,
that the facility has been closed in accordance with the specifications in the
approved closure plan.
f)
In addition to the requirements of Section 725.217, during the post-closure care
period the owner or operator of a land treatment unit must fulfill the following
requirements:
1)
It must continue soil-core monitoring by collecting and analyzing samples
in a manner and frequency specified in the post-closure plan;
2)
It must restrict access to the unit as appropriate for its post-closure use;
3)
It must assure that growth of food chain crops complies with Section
725.376; and
4)
It must control wind dispersal of hazardous waste.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART N: LANDFILLS
Section 725.401
Design Requirements
a)
The owner or operator of each new landfill unit on which construction
commences after January 29, 1992, each lateral expansion of a landfill unit on
which construction commences after July 29, 1992, and each replacement of an
existing landfill unit that is to commence reuse after July 29, 1992,
must install
two or more liners and a leachate collection and removal system above and
between such liners, and operate the leachate collection and removal systems
system
, in accordance with 35 Ill. Adm. Code 724.401(c), unless exempted by 35
Ill. Adm. Code 724.401(d), (e) or (f). “Construction commences” is as defined in
35 Ill. Adm. Code 720.110 under “existing facility.”
b)
The owner or operator of each unit referred to in subsection (a) of this Section
531
must notify the Agency at least 60 days prior to receiving waste. The owner or
operator of each facility submitting notice must file a Part B application within
six months of the receipt of such notice.
c)
The owner or operator of any replacement landfill unit is exempt from subsection
(a) of this Section if both of the following are true:
1)
The existing unit was constructed in compliance with the design standards
of 35 Ill. Adm. Code 724.401(c), (d), and (e); and
BOARD NOTE: The cited subsections implemented the design standards
of sections 3004(o)(1)(A)(i) and (o)(5) of the Resource Conservation and
Recovery Act (42 USC 6924(o)(1)(A)(i) and (o)(5)).
2)
There is no reason to believe that the liner is not functioning as designed.
d)
The Agency must not require a double liner as set forth in subsection (a) of this
Section for any monofill, if the following conditions are fulfilled:
1)
The monofill contains only hazardous wastes from foundry furnace
emission controls or metal casting molding sand, and such waste does
wastes do not contain constituents that render the wastes hazardous for
reasons other the toxicity characteristic in 35 Ill. Adm. Code 721.124,
with hazardous waste number
numbers D004 through D017; and
2)
Alternative demonstration.
A)
Liner and location requirements.
i)
The monofill has at least one liner for which there is no
evidence that such liner is leaking;
ii)
The monofill is located more than one-quarter mile from an
underground source of drinking water (as that term is
defined in 35 Ill. Adm. Code 702.110); and
iii)
The monofill is in compliance with generally applicable
groundwater monitoring requirements for facilities with
RCRA permits; or
B)
The owner or operator demonstrates to the Board that the monofill
is located, designed, and operated so as to assure that there will be
no migration of any hazardous constituent into groundwater or
surface water at any future time.
e)
In the case of any unit in which the liner and leachate collection system have been
532
installed pursuant to the requirements of subsection (a) of this Section, and in
good faith compliance with subsection (a) of this Section and with guidance
documents governing liners and leachate collection systems under subsection (a)
of this Section, the Agency must not require a liner or leachate collection system
that is different from that which was so installed pursuant to subsection (a) of this
Section when issuing the first permit to such facility, except that the Agency is
not precluded from requiring installation of a new liner when the Agency finds
that any liner installed pursuant to the requirements of subsection (a) of this
Section is leaking.
f)
The owner or operator must design, construct, operate, and maintain a run-on
control system capable of preventing flow onto the active portion of the landfill
during peak discharge from at least a 25-year storm.
g)
The owner or operator must 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.
h)
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.
i)
The owner or operator of a landfill containing hazardous waste that is subject to
dispersal by wind must cover or otherwise manage the landfill so that wind
dispersal of the hazardous waste is controlled.
BOARD NOTE: As required by Section 725.113, the waste analysis plan must include analyses
needed to comply with Sections 725.412, 725.413, and 725.414. As required by Section
725.173, the owner or operator must place the results of these analyses in the operating record of
the facility.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 725.403
Response Actions
a)
The owner or operator of landfill units subject to Section 725.401(a) must submit
develop and keep on site until closure of the facility a response action plan to the
Agency when submitting the proposed action leakage rate under Section 725.402.
The response action plan must set forth the actions to be taken if the action
leakage rate has been exceeded. At a minimum, the response action plan must
describe the actions specified in subsection (b) of this Section.
b)
If the flow rate into the LDS exceeds the action leakage rate for any sump, the
owner or operator must do each of the following:
1)
Notify the Agency in writing of the exceedence
exceedance within seven
533
days after the determination;
2)
Submit a preliminary written assessment to the Agency within 14 days
after the determination, as to the amount of liquids; likely sources of
liquids; possible location, size, and cause of any leaks; and short-term
actions taken and planned;
3)
Determine to the extent practicable the location, size, and cause of any
leak;
4)
Determine whether waste receipt should cease or be curtailed; whether
any waste should be removed from the unit for inspection, repairs ,or
controls; and whether or not the unit should be closed;
5)
Determine any other short-term and longer-term actions to be taken to
mitigate or stop any leaks; and
6)
Within 30 days after the notification that the action leakage rate has been
exceeded, submit to the Agency the results of the determinations specified
in subsections (b)(3) through (b)(5) of this Section, the results of actions
taken, and actions planned. Monthly thereafter, as long as the flow rate in
the LDS exceeds the action leakage rate, the owner or operator must
submit to the Agency a report summarizing the results of any remedial
actions taken and actions planned.
c)
To make the leak or remediation determinations in subsections (b)(3) through
(b)(5) of this Section, the owner or operator must do either of the following:
1)
Perform the following assessments:
A)
Assess the source of liquids and amounts of liquids by source;
B)
Conduct a fingerprint, hazardous constituent or other analyses of
the liquids in the LDS to identify the source of liquids and possible
location of any leaks, and the hazard and mobility of the liquid;
and
C)
Assess the seriousness of any leaks in terms of potential for
escaping into the environment; or
2)
Document why such assessments are not needed.
d)
Final Agency determinations pursuant to this Section are deemed to be permit
denials for purposes of appeal to the Board pursuant to Section 40 of the
Environmental Protection Act [415 ILCS 5/40].
534
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 725.414
Special Requirements for Liquid Wastes
a)
This subsection (a) corresponds with 40 CFR 265.314(a), which pertains to the
placement of bulk or non-containerized liquid waste or waste containing free
liquids in a landfill prior to May 8, 1985. This statement maintains structural
consistency with USEPA rules.
ba)
The placement of bulk or non-containerized liquid hazardous waste or hazardous
waste containing free liquids (whether or not sorbents have been added) in any
landfill is prohibited.
cb)
Containers holding free liquids must not be placed in a landfill unless one of the
following conditions is fulfilled:
1)
One of the following occurs with regard to all free-standing liquid:
A)
It has been removed by decanting or other methods;
B)
It has been mixed with sorbent or solidified so that free-standing
liquid is no longer observed; or
C)
It has been otherwise eliminated;
2)
The container is very small, such as an ampule;
3)
The container is designed to hold free liquids for use other than storage,
such as a battery or capacitor; or
4)
The container is a lab pack, as defined in Section 724.416, and is disposed
of in accordance with Section 724.416.
dc)
To demonstrate the absence or presence of free liquids in either a containerized or
a bulk waste, the following test must be used: Method 9095B (Paint Filter
Liquids Test), as described in “Test Methods for Evaluating Solid Wastes,
Physical/Chemical Methods,” USEPA publication number EPA-530/SW-846,
incorporated by reference in 35 Ill. Adm. Code 720.111(a).
ed)
The placement of any liquid that is not a hazardous waste in a landfill is
prohibited (35 Ill. Adm. Code 729.311).This subsection (d) corresponds with 40
CFR 265.314(d), which recites a past effective date. This statement maintains
sturctural parity with the federal regulations.
fe)
Sorbents used to treat free liquids to be disposed of in landfills must be
nonbiodegradable. Nonbiodegradable sorbents are one of the following:
535
materials listed or described in subsection (f)(1) of this Section; materials that
pass one of the tests in subsection (f)(2) of this Section; or materials that are
determined by the Board to be nonbiodegradable through the adjusted standard
procedure of Section 28.1 of the Act [415 ILCS 5/28.1] and Subpart D of 35 Ill.
Adm. Code 104.
1)
Nonbiodegradable sorbents are the following:
A)
Inorganic minerals, other inorganic materials, and elemental
carbon (e.g., aluminosilicates, clays, smectites, Fuller’s earth,
bentonite, calcium bentonite, montmorillonite, calcined
montmorillonite, kaolinite, micas (illite), vermiculites, zeolites,
calcium carbonate (organic free limestone), oxides/hydroxides,
alumina, lime, silica (sand), diatomaceous earth, perlite (volcanic
glass), expanded volcanic rock, volcanic ash, cement kiln dust, fly
ash, rice hull ash, activated charcoal/activated carbon, etc.); or
B)
High molecular weight synthetic polymers (e.g., polyethylene,
high density polyethylene (HDPE), polypropylene, polystyrene,
polyurethane, polyacrylate, polynorborene, polyisobutylene,
ground synthetic rubber, cross-linked allylstyrene, and tertiary
butyl copolymers). This does not include polymers derived from
biological material or polymers specifically designed to be
degradable; or
C)
Mixtures of these nonbiodegradable materials.
2)
Tests for nonbiodegradable sorbents.
A)
The sorbent material is determined to be nonbiodegradable under
ASTM Method G21-70 (1984a) (Standard Practice for
Determining Resistance of Synthetic Polymer Materials to Fungi),
incorporated by reference in 35 Ill. Adm. Code 720.111(a);
B)
The sorbent material is determined to be nonbiodegradable under
ASTM Method G22-76 (1984b) (Standard Practice for
Determining Resistance of Plastics to Bacteria), incorporated by
reference in 35 Ill. Adm. Code 720.111(a); or
C)
The sorbent material is determined to be non-biodegradable under
OECD Guideline for Testing of Chemicals, Method 301B (CO
2
Evolution (Modified Sturm Test)), incorporated by reference in 35
Ill. Adm. Code 720.111(a).
f)
The placement of any liquid that is not a hazardous waste in a landfill is
prohibited. (See 35 Ill. Adm. Code 729.311.)
536
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART Q: CHEMICAL, PHYSICAL, AND BIOLOGICAL TREATMENT
Section 725.505
Special Requirements for Ignitable or Reactive Wastes
Ignitable or reactive waste must not be placed in a treatment process or equipment unless either
of the following conditions exists:
a)
The waste is treated, rendered, or mixed before or immediately after placement in
the treatment process or equipment so that both of the following conditions are
fulfilled:
1)
The resulting waste, mixture, or dissolution of material no longer meets
the definition of ignitable or reactive waste under Section
35 Ill. Adm.
Code 721.121 or 721.123, and
2)
Section 725.117(b) is complied with; or
b)
The waste is treated in such a way that it is protected from any material or
conditions that may cause the waste to ignite or react.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART W: DRIP PADS
Section 725.541
Assessment of Existing Drip Pad Integrity
a)
For each existing drip pad, the owner or operator must evaluate the drip pad and
determine that it meets all of the requirements of this Subpart W, except the
requirements for liners and leak detection systems of Section 725.543(b). No
later than June 6, 1991, the owner or operator must obtain and keep on file at the
facility a written assessment of the drip pad, reviewed and certified by an
independent, a qualified registered professional engineer Professional Engineer
that attests to the results of the evaluation. The assessment must be reviewed,
updated, and re-certified annually until all upgrades, repairs, or modifications
necessary to achieve compliance with all of
the standards of Section 725.543 are
complete. The evaluation must document the extent to which the drip pad meets
each of the design and operating standards of Section 725.543, except the
standards for liners and leak detection systems specified in Section 725.543(b).
b)
The owner or operator must develop a written plan for upgrading, repairing and
modifying the drip pad to meet the requirements of Section 725.543(b) and
submit the plan to the Agency no later than two years before the date that all
repairs, upgrades, and modifications will be complete. This written plan must
537
describe all changes to be made to the drip pad in sufficient detail to document
compliance with all the requirements of Section 725.543. The plan must be
reviewed and certified by an independent
a qualified, registered professional
engineer Professional Engineer. All upgrades, repairs, and modifications must be
completed in accordance with the following:
1)
For existing drip pads of known and documentable age, all upgrades,
repairs, and modifications must be completed by June 6, 1993, or when
the drip pad has reached 15 years of age, whichever comes later.
2)
For existing drip pads for which the age cannot be documented, by June 6,
1999; but, if the age of the facility is greater than seven years, all
upgrades, repairs and modifications must be completed by the time the
facility reaches 15 years of age or by June 6, 1993, whichever comes later.
3)
The owner or operator may petition the Board for an extension of the
deadline in subsection (b)(1) or (b)(2) of this Section.
A)
The owner or operator must file a petition for a RCRA variance, as
specified in Subpart B of 35 Ill. Adm. Code 104.
B)
The Board will grant the petition for extension if it finds the
following:
i)
The drip pad meets all of the requirements of Section
725.543, except those for liners and leak detection systems
specified in Section 725.543(b); and
ii)
That it will continue to adequately protect human health
and the environment.
c)
Upon completion of all repairs and modifications, the owner or operator must
submit to the Agency, the as-built drawings for the drip pad, together with a
certification by an independent,
a qualified, registered professional engineer
Professional Engineer
attesting that the drip pad conforms to the drawings.
d)
If the drip pad is found to be leaking or unfit for use, the owner or operator must
comply with the provisions of Section 725.543(m) or close the drip pad in
accordance with Section 725.545.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 725.543
Design and Operating Requirements
a)
Drip pads must fulfill the following requirements:
538
1)
Not
It must not be constructed of earthen materials, wood, or asphalt,
unless the asphalt is structurally supported;
2)
Be
It must 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;
3)
Have
It must have a curb or berm around the perimeter;
4)
In addition, the drip pad must fulfill the following requirements:
A)
Have
It must have a hydraulic conductivity of less than or equal to
1
×
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
×
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)
725.542(b)
instead of Section 725.542(b) 725.542(a).
B)
The owner or operator must obtain and keep on file at the facility a
written assessment of the drip pad, reviewed and certified by an
independent a qualified registered professional engineer
Professional Engineer that attests to the results of the evaluation.
The assessment must be reviewed, updated, and recertified
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) of this Section.
5)
Be
It must 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 traffic, movement of wood, etc.
BOARD NOTE: In judging the structural integrity requirement of this subsection
(a), the Agency should generally consider applicable standards established by
professional organizations generally recognized by the industry, including ACI
318-83 (Building Code Requirements for Reinforced Concrete) or ASTM C 94-
90, (Standard Specification for Ready-Mixed Concrete), incorporated by
539
reference in 35 Ill. Adm. Code 720.111(a).
b)
If an owner or operator elects to comply with Section 725.542(b)
725.542(a)
instead of Section 725.542(a) 725.542(b), the drip pad must have the following
features:
1)
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 as follows:
A)
Constructed
It 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);
B)
Placed
It must be 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
C)
Installed
It must be installed to cover all surrounding earth that
could come in contact with the waste or leakage; and
2)
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 as follows:
A)
Constructed
It must be constructed of materials that fulfill the
following requirements:
i)
They are chemically resistant to the waste managed in the
drip pad and the leakage that might be generated; and
ii)
They are 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
540
B)
Designed
It must be designed and operated to function without
clogging through the scheduled closure of the drip pad; and
C)
Designed
It must be 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.
3)
A leakage 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
quantity of any leakage collected in this system and removed must be
documented in the operating log.
c)
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) of this Section for remedial action required if
deterioration or leakage is detected.
d)
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.
e)
Unless the drip pad is protected by a structure, as described in Section 725.540(b),
the owner or operator must 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.
f)
Unless the drip pad is protected by a structure or cover, as described in Section
725.540(b), the owner or operator must 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.
g)
The drip pad must be evaluated to determine that it meets the requirements of
subsections (a) through (f) of this Section. The owner or operator must obtain a
statement from an independent,
a qualified, registered professional engineer
Professional Engineer certifying that the drip pad design meets the requirements
of this Section.
h)
Drippage and accumulated precipitation must be removed from the associated
collection system as necessary to prevent overflow onto the drip pad.
i)
The drip pad surface must be cleaned thoroughly at least once every seven days
using an appropriate and effective cleaning technique, including but not limited
541
to, rinsing, washing with detergents or other appropriate solvents, or steam
cleaning, with residues being properly managed, such that accumulated residues
of hazardous waste or other materials are removed as to allow weekly inspections
of the entire drip pad surface without interference or hindrance from accumulated
residues of hazardous waste or other materials on the drip pad. The owner or
operator must document, in the facility’s operating log, the date and time of each
cleaning and the cleaning procedure.
j)
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.
k)
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 must maintain records sufficient to document that all
treated wood is held on the pad, in accordance with this Section, following
treatment.
l)
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.
m)
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:
1)
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 must perform the following acts:
A)
Enter
It must enter a record of the discovery in the facility
operating log;
B)
Immediately
It must immediately remove from service the portion
of the drip pad affected by the condition;
C)
Determine
It must 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;
D)
Within 24 hours after discovery of the condition, the owner or
operator must 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
542
work.
2)
The Agency must: 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.
3)
Upon completing all repairs and clean up, the owner or operator must
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) of this Section.
n)
The owner or operator must 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 32 Ill. Reg. ________, effective ______________________)
Section 725.544
Inspections
a)
During construction or installation, liners and cover systems (e.g., membranes,
sheets, or coatings) must be inspected for uniformity, damage, and imperfections
(e.g., holes, cracks, thin spots, or foreign materials). Immediately after
construction or installation, liners must be inspected and certified as meeting the
requirements of Section 725.543 by an independent,
a qualified, registered
professional engineer Professional Engineer. The This certification must be
maintained at the facility as part of the facility operating record. After
installation,
liners and covers must be inspected to ensure tight seams and joints
and the absence of tears, punctures, or blisters.
b)
While a drip pad is in operation, it must be inspected weekly and after storms to
detect evidence of any of the following:
1)
Deterioration, malfunctions, or improper operation of run-on and run-off
control systems;
2)
The presence of leakage in and proper functioning of leak detection
system.
3)
Deterioration or cracking of the drip pad surface.
BOARD NOTE: See Section 725.543(m) for remedial action required if deterioration or leakage
543
is detected.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART BB: AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS
Section 725.961
Percent Leakage Alternative for Valves
a)
An owner or operator subject to the requirements of Section 725.957 may elect to
have all valves within a hazardous waste management unit comply with an
alternative standard that allows no greater than two percent of the valves to leak.
b)
The following requirements must be met if an owner or operator decides to
comply with the alternative standard of allowing two percent of valves to leak:
1)
An owner or operator must notify the Agency that the owner or operator
has elected to comply with the requirements of this Section;
21)
A performance test as specified in subsection (c) of this Section must be
conducted initially upon designation, annually and other times as specified
by the Agency pursuant to Section 725.950(e); and
32)
If a valve leak is detected it must be repaired in accordance with Section
725.957(d) and (e).
c)
Performance tests must be conducted in the following manner:
1)
All valves subject to the requirements in Section 725.957 within the
hazardous waste management unit must be monitored within 1 week by
the methods specified in Section 725.963(b);
2)
If an instrument reading of 10,000 ppm or greater is measured, a leak is
detected; and
3)
The leak percentage must be determined by dividing the number of valves
subject to the requirements in Section 725.957 for which leaks are
detected by the total number of valves subject to the requirements in
Section 725.957 within the hazardous waste management unit.
d)
If an owner or operator decides no longer to comply with this Section, the owner
or operator must notify the Agency in writing that the work practice standard
described in Section 725.957(a) through (e) will be followed.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
544
Section 725.962
Skip Period Alternative for Valves
a)
Election.
1a)
An owner or operator subject to the requirements of Section 725.957 may elect
for all valves within a hazardous waste management unit to comply with one of
the alternative work practices specified in subsections (b)(2) and (b)(3) of this
Section.
2)
An owner or operator must notify the Agency before implementing one of
the alternative work practices.
b)
Reduced Monitoring.
1)
An owner or operator must comply with the requirements for valves, as
described in Section 725.957, except as described in subsections (b)(2)
and (b)(3) of this Section.
2)
After two consecutive quarterly leak detection periods with the percentage
of valves leaking equal to or less than two percent, an owner or operator
may begin to skip one of the quarterly leak detection periods (i.e., the
owner or operator may monitor for leaks once every six months) for the
valves subject to the requirements in Section 725.957.
3)
After five consecutive quarterly leak detection periods with the percentage
of valves leaking equal to or less than two percent, an owner or operator
may begin to skip three of the quarterly leak detection periods (i.e., the
owner or operator may monitor for leaks once every year) for the valves
subject to the requirements in Section 725.957.
4)
If the percentage of valves leaking is greater than two percent, the owner
or operator must monitor monthly in compliance with the requirements in
Section 725.957, but may again elect to use this Section after meeting the
requirements of Section 725.957(c)(1).
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART CC: AIR EMISSION STANDARDS FOR TANKS, SURFACE
IMPOUNDMENTS, AND CONTAINERS
Section 725.990
Recordkeeping Requirements
a)
Each owner or operator of a facility subject to the requirements in this Subpart
CC must record and maintain the information specified in subsections (b) through
(j) of this Section, as applicable to the facility. Except for air emission control
equipment design documentation and information required by subsection (j) of
545
this Section, records required by this Section must be maintained in the operating
record for a minimum of three years. Air emission control equipment design
documentation must be maintained in the operating record until the air emission
control equipment is replaced or is otherwise no longer in service. Information
required by subsections (i) and (j) of this Section must be maintained in the
operating record for as long as the waste management unit is not using air
emission controls specified in Sections 725.985 through 725.988, in accordance
with the conditions specified in Section 725.980(d) or (b)(7), respectively.
b)
The owner or operator of a tank using air emission controls in accordance with
the requirements of Section 725.985 must prepare and maintain records for the
tank that include the following information:
1)
For each tank using air emission controls in accordance with the
requirements of Section 725.985 of this Subpart CC, the owner or operator
must record the following information:
A)
A tank identification number (or other unique identification
description as selected by the owner or operator); and
B)
A record for each inspection required by Section 725.985 that
includes the following information:
i)
Date inspection was conducted; and
ii)
For each defect detected during the inspection, the location
of the defect, a description of the defect, the date of
detection, and corrective action taken to repair the defect.
In the event that repair of the defect is delayed in
accordance with the provisions of Section 725.985, the
owner or operator must also record the reason for the delay
and the date that completion of repair of the defect is
expected; and
2)
In addition to the information required by subsection (b)(1) of this
Section, the owner or operator must record the following information, as
applicable to the tank:
A)
The owner or operator using a fixed roof to comply with the Tank
Level 1 control requirements specified in Section 725.985(c) must
prepare and maintain records for each determination for the
maximum organic vapor pressure of the hazardous waste in the
tank performed in accordance with the requirements of Section
725.985(c). The records must include the date and time the
samples were collected, the analysis method used, and the analysis
results;
546
B)
The owner or operator using an internal floating roof to comply
with the Tank Level 2 control requirements specified in Section
725.985(e) must prepare and maintain documentation describing
the floating roof design;
C)
Owners and operators using an external floating roof to comply
with the Tank Level 2 control requirements specified in Section
725.985(f) must prepare and maintain the following records:
i)
Documentation describing the floating roof design and the
dimensions of the tank; and
ii)
Records for each seal gap inspection required by Section
725.985(f)(3) describing the results of the seal gap
measurements. The records must include the date that the
measurements were performed, the raw data obtained for
the measurements, and the calculations of the total gap
surface area. In the event that the seal gap measurements
do not conform to the specifications in Section
725.985(f)(1), the records must include a description of the
repairs that were made, the date the repairs were made, and
the date the tank was emptied, if necessary.
D)
Each owner or operator using an enclosure to comply with the
Tank Level 2 control requirements specified in Section 725.985(i)
must prepare and maintain the following records:
i)
Records for the most recent set of calculations and
measurements performed by the owner or operator to verify
that the enclosure meets the criteria of a permanent total
enclosure as specified in “Procedure T--Criteria for and
Verification of a Permanent or Temporary Total Enclosure”
under appendix B to 40 CFR 52.741 (VOM Measurement
Techniques for Capture Efficiency), incorporated by
reference in 35 Ill. Adm. Code 720.111(b); and
ii)
Records required for the closed-vent system and control
device in accordance with the requirements of subsection
(e) of this Section.
c)
The owner or operator of a surface impoundment using air emission controls in
accordance with the requirements of Section 725.986 must prepare and maintain
records for the surface impoundment that include the following information:
1)
A surface impoundment identification number (or other unique
547
identification description as selected by the owner or operator);
2)
Documentation describing the floating membrane cover or cover design,
as applicable to the surface impoundment, that includes information
prepared by the owner or operator or provided by the cover manufacturer
or vendor describing the cover design, and certification by the owner or
operator that the cover meets the specifications listed in Section
725.986(c);
3)
A record for each inspection required by Section 725.986 that includes the
following information:
A)
Date inspection was conducted; and
B)
For each defect detected during the inspection the following
information: the location of the defect, a description of the defect,
the date of detection, and corrective action taken to repair the
defect. In the event that repair of the defect is delayed in
accordance with the provisions of Section 725.986(f), the owner or
operator must also record the reason for the delay and the date that
completion of repair of the defect is expected; and
4)
For a surface impoundment equipped with a cover and vented through a
closed-vent system to a control device, the owner or operator must prepare
and maintain the records specified in subsection (e) of this Section.
d)
The owner or operator of containers using Container Level 3 air emission controls
in accordance with the requirements of Section 725.987 must prepare and
maintain records that include the following information:
1)
Records for the most recent set of calculations and measurements
performed by the owner or operator to verify that the enclosure meets the
criteria of a permanent total enclosure as specified in “Procedure T—
Criteria for and Verification of a Permanent or Temporary Total
Enclosure” under appendix B to 40 CFR 52.741 (VOM Measurement
Techniques for Capture Efficiency); and
2)
Records required for the closed-vent system and control device in
accordance with the requirements of subsection (e) of this Section.
e)
The owner or operator using a closed-vent system and control device in
accordance with the requirements of Section 725.988 must prepare and maintain
records that include the following information:
1)
Documentation for the closed-vent system and control device that includes
the following:
548
A)
Certification that is signed and dated by the owner or operator
stating that the control device is designed to operate at the
performance level documented by a design analysis as specified in
subsection (e)(1)(B) of this Section or by performance tests as
specified in subsection (e)(1)(C) of this Section when the tank,
surface impoundment, or container is or would be operating at
capacity or the highest level reasonably expected to occur;
B)
If a design analysis is used, then design documentation, as
specified in Section 725.935(b)(4). The documentation must
include information prepared by the owner or operator or provided
by the control device manufacturer or vendor that describes the
control device design in accordance with Section 725.935(b)(4)(C)
and certification by the owner or operator that the control
equipment meets the applicable specifications;
C)
If performance tests are used, then a performance test plan as
specified in Section 725.935(b)(3) and all test results;
D)
Information as required by Section 725.935(c)(1) and (c)(2), as
applicable;
E)
An owner or operator must record, on a semiannual basis, the
following information for those planned routine maintenance
operations that would require the control device not to meet the
requirements of Section 725.988(c)(1)(A), (c)(1)(B), or (c)(1)(C),
as applicable:
i)
A description of the planned routine maintenance that is
anticipated to be performed for the control device during
the next six-month period. This description must include
the type of maintenance necessary, planned frequency of
maintenance, and lengths of maintenance periods; and
ii)
A description of the planned routine maintenance that was
performed for the control device during the previous six-
month period. This description must include the type of
maintenance performed and the total number of hours
during those six months that the control device did not
meet the requirements of Section 725.988(c)(1)(A),
(c)(1)(B), or (c)(1)(C), as applicable, due to planned
routine maintenance;
F)
An owner or operator must record the following information for
those unexpected control device system malfunctions that would
549
require the control device not to meet the requirements of Section
725.988(c)(1)(A), (c)(1)(B), or (c)(1)(C), as applicable:
i)
The occurrence and duration of each malfunction of the
control device system;
ii)
The duration of each period during a malfunction when
gases, vapors, or fumes are vented from the waste
management unit through the closed-vent system to the
control device while the control device is not properly
functioning; and
iii)
Actions taken during periods of malfunction to restore a
malfunctioning control device to its normal or usual
manner of operation; and
G)
Records of the management of carbon removed from a carbon
adsorption system conducted in accordance with Section
725.988(c)(3)(B).
f)
The owner or operator of a tank, surface impoundment, or container exempted
from standards in accordance with the provisions of Section 725.983(c) must
prepare and maintain the following records, as applicable:
1)
For tanks, surface impoundments, or containers exempted under the
hazardous waste organic concentration conditions specified in Section
725.983 (c)(1) or 725.984(c)(2)(A)
725.983(c)(2)(A) through (c)(2)(F),
the owner or operator must record the information used for each waste
determination (e.g., test results, measurements, calculations, and other
documentation) in the facility operating log. If analysis results for waste
samples are used for the waste determination, then the owner or operator
must record the date, time, and location that each waste sample is
collected in accordance with the applicable requirements of Section
725.984; and
2)
For tanks, surface impoundments, or containers exempted under the
provisions of Section 725.983(c)(2)(G) or (c)(2)(H), the owner or operator
must record the identification number for the incinerator, boiler, or
industrial furnace in which the hazardous waste is treated.
g)
An owner or operator designating a cover as “unsafe to inspect and monitor”
pursuant to Section 725.985(l) must record in a log that is kept in the facility
operating record the following information: the identification numbers for waste
management units with covers that are designated as “unsafe to inspect and
monitor,” the explanation for each cover stating why the cover is unsafe to inspect
and monitor, and the plan and schedule for inspecting and monitoring each cover.
550
h)
The owner or operator of a facility that is subject to this Subpart CC and to the
control device standards in federal subpart VV of 40 CFR 60 (Standards of
Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals
Manufacturing Industry), or subpart V of 40 CFR 61 (National Emission Standard
for Equipment Leaks (Fugitive Emission Sources), each incorporated by reference
in 35 Ill. Adm. Code 270.111, may elect to demonstrate compliance with the
applicable Sections of this Subpart by documentation either pursuant to this
Subpart CC, or pursuant to the provisions of subpart VV of 40 CFR 60 or subpart
V of 40 CFR 61, to the extent that the documentation required by 40 CFR 60 or
61 duplicates the documentation required by this Section.
i)
For each tank or container not using air emission controls specified in Sections
725.985 through 725.988 in accordance with the conditions specified in Section
725.980(d), the owner or operator must record and maintain the following
information:
1)
A list of the individual organic peroxide compounds manufactured at the
facility that meet the conditions specified in Section 725.980(d)(1);
2)
A description of how the hazardous waste containing the organic peroxide
compounds identified pursuant to subsection (i)(1) are managed at the
facility in tanks and containers. This description must include the
following information:
A)
For the tanks used at the facility to manage this hazardous waste,
sufficient information must be provided to describe each tank: a
facility identification number for the tank, the purpose and
placement of this tank in the management train of this hazardous
waste, and the procedures used to ultimately dispose of the
hazardous waste managed in the tanks; and
B)
For containers used at the facility to manage this hazardous waste,
sufficient information must be provided to describe the following
for each container: a facility identification number for the
container or group of containers; the purpose and placement of this
container or group of containers in the management train of this
hazardous waste; and the procedures used to ultimately dispose of
the hazardous waste handled in the containers; and
3)
An explanation of why managing the hazardous waste containing the
organic peroxide compounds identified pursuant to subsection (i)(1) of
this Section in the tanks or containers identified pursuant to subsection
(i)(2) of this Section would create an undue safety hazard if the air
emission controls specified in Sections 725.985 through 725.988 were
installed and operated on these waste management units. This explanation
551
must include the following information:
A)
For tanks used at the facility to manage this hazardous waste,
sufficient information must be provided to explain: how use of the
required air emission controls on the tanks would affect the tank
design features and facility operating procedures currently used to
prevent an undue safety hazard during the management of this
hazardous waste in the tanks; and why installation of safety
devices on the required air emission controls, as allowed under this
Subpart CC, would not address those situations in which
evacuation of tanks equipped with these air emission controls is
necessary and consistent with good engineering and safety
practices for handling organic peroxides; and
B)
For containers used at the facility to manage this hazardous waste,
sufficient information must be provided to explain: how use of the
required air emission controls on the containers would affect the
container design features and handling procedures currently used
to prevent an undue safety hazard during management of this
hazardous waste in the containers; and why installation of safety
devices on the required air emission controls, as allowed under this
Subpart CC, would not address those situations in which
evacuation of containers equipped with these air emission controls
is necessary and consistent with good engineering and safety
practices for handling organic peroxides.
j)
For each hazardous waste management unit not using air emission controls
specified in Sections 725.985 through 725.988 in accordance with the provisions
of Section 725.980(b)(7), the owner and operator must record and maintain the
following information:
1)
The certification that the waste management unit is equipped with and
operating air emission controls in accordance with the requirements of an
applicable federal Clean Air Act regulation codified under 40 CFR 60, 61,
or 63; and
2)
An identification of the specific federal requirements codified under 40
CFR 60, 61, or 63 with which the waste management unit is in
compliance.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
552
SUBPART DD: CONTAINMENT BUILDINGS
Section 725.1100
Applicability
The requirements of this Subpart DD apply to owners or operators that store or treat hazardous
waste in units designed and operated under Section 725.1101. These provisions will become
effective on February 18, 1993. The owner or operator is not subject to the definition of land
disposal in 35 Ill. Adm. Code 728.102 provided that the following is true of the unit:
a)
It is a completely enclosed, self-supporting structure that is designed and
constructed of manmade materials of sufficient strength and thickness to support
themselves, the waste contents, and any personnel and heavy equipment that
operate within the unit, and to prevent failure due to any of the following causes:
1)
Pressure gradients;
2)
Settlement, compression, or uplift;
3)
Physical contact with the hazardous wastes to which they are exposed;
4)
Climatic conditions; or
5)
The stresses of daily operation including the movement of heavy
equipment within the unit and contact of such equipment with
containment walls;
b)
It has a primary barrier that is designed to be sufficiently durable to withstand the
movement of personnel, wastes, and handling equipment within the unit;
c)
If used to manage liquids, the unit has the following design features:
1)
A primary barrier designed and constructed of materials to prevent
migration of hazardous constituents into the barrier;
2)
A liquid collection system designed and constructed of materials to
minimize the accumulation of liquid on the primary barrier; and
3)
A secondary containment system designed and constructed of materials to
prevent migration of hazardous constituents into the barrier, with a leak
detection and liquid collection system capable of detecting, collecting, and
removing leaks of hazardous constituents at the earliest possible time,
unless the unit has been granted a variance from the secondary
containment system requirements under subsection 725.1101(b)(4);
d)
It has controls sufficient to permit
prevent fugitive dust emissions to meet the no
visible emission standard in subsection 725.1101(c)(1)(D); and
553
e)
It is designed and operated to ensure containment and prevent the tracking of
materials from the unit by personnel or equipment.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 725.1101
Design and Operating Standards
a)
All containment buildings must comply with the following design and operating
standards:
1)
The containment building must be completely enclosed with a floor, walls,
and a roof to prevent exposure to the elements (e.g. precipitation, wind,
run on) and to assure containment of managed wastes;
2)
The floor and containment walls of the unit, including the secondary
containment system if required under subsection (b) of this Section, must
be designed and constructed of materials of sufficient strength and
thickness to support themselves, the waste contents, and any personnel
and heavy equipment that operate within the unit, and to prevent failure
due to pressure gradients, settlement, compression, or uplift, physical
contact with the hazardous wastes to which they are exposed; climatic
conditions; and the stresses of daily operation, including the movement of
heavy equipment within the unit and contact of such equipment with
containment walls. The unit must be designed so that it has sufficient
structural strength to prevent collapse or other failure. All surfaces to be
in contact with hazardous wastes must be chemically compatible with
those wastes. The containment building must meet the structural integrity
requirements established by professional organizations generally
recognized by the industry such as the American Concrete Institute [ACI]
and the American Society of Testing Materials [ASTM]. If appropriate to
the nature of the waste management operation to take place in the unit, an
exception to the structural strength requirement may be made for light-
weight doors and windows that meet these criteria:
A)
They provide an effective barrier against fugitive dust emissions
under subsection (c)(1)(D) of this Section; and
B)
The unit is designed and operated in a fashion that assures that
wastes will not actually come in contact with these openings;
3)
Incompatible hazardous wastes or treatment reagents must not be placed
in the unit or its secondary containment system if they could cause the unit
or secondary containment system to leak, corrode, or otherwise fail; and
4)
A containment building must have a primary barrier designed to withstand
554
the movement of personnel, waste, and handling equipment in the unit
during the operating life of the unit and appropriate for the physical and
chemical characteristics of the waste to be managed.
b)
For a containment building used to manage hazardous wastes containing free
liquids or treated with free liquids (the presence of which is determined by the
paint filter test, a visual examination, or other appropriate means), the owner or
operator must include the following design features:
1)
A primary barrier designed and constructed of materials to prevent the
migration of hazardous constituents into the barrier (e.g., a geomembrane
covered by a concrete wear surface).
2)
A liquid collection and removal system to minimize the accumulation of
liquid on the primary barrier of the containment building:
A)
The primary barrier must be sloped to drain liquids to the
associated collection system; and
B)
Liquids and waste must be collected and removed to minimize
hydraulic head on the containment system at the earliest
practicable time.
3)
A secondary containment system including a secondary barrier designed
and constructed to prevent migration of hazardous constituents into the
barrier, and a leak detection system that is capable of detecting failure of
the primary barrier and collecting accumulated hazardous wastes and
liquids at the earliest practicable time.
A)
The requirements of the leak detection component of the secondary
containment system are satisfied by installation of a system that is,
at a minimum, as follows:
i)
It is constructed with a bottom slope of 1 percent or more;
and
ii)
It is constructed of a granular drainage material with a
hydraulic conductivity of 1
×
10
-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 3
×
10
-5
m
2
/sec or more.
B)
If treatment is to be conducted in the building, an area in which
such treatment will be conducted must be designed to prevent the
release of liquids, wet materials, or liquid aerosols to other
portions of the building.
555
C)
The secondary containment system must be constructed of
materials that are chemically resistant to the waste and liquids
managed in the containment building and of sufficient strength and
thickness to prevent collapse under the pressure exerted by
overlaying materials and by any equipment used in the
containment building. (Containment buildings can serve as
secondary containment systems for tanks placed within the
building under certain conditions. A containment building can
serve as an external liner system for a tank, provided it meets the
requirements of Section 725.293(d)(1)
725.293(e)(1). In addition,
the containment building must meet the requirements of
subsections 725.293(b) and (c) to be an acceptable secondary
containment system for a tank.)
4)
For existing units other than 90-day generator units, USEPA may delay
the secondary containment requirement for up to two years, based on a
demonstration by the owner or operator that the unit substantially meets
the standards of this Subpart DD. In making this demonstration, the
owner or operator must do each of the following:
A)
Provide written notice to USEPA of their request by Nov. 16,
1992. This notification must describe the unit and its operating
practices with specific reference to the performance of existing
systems, and specific plans for retrofitting the unit with secondary
containment;
B)
Respond to any comments from USEPA on these plans within 30
days; and
C)
Fulfill the terms of the revised plans, if such plans are approved by
USEPA.
c)
Owners or operators of all containment buildings must do each of the following:
1)
Use
It must use controls and practice to ensure containment of the
hazardous waste within the unit, and at a minimum do each of the
following:
A)
Maintain
It must maintain the primary barrier to be free of
significant cracks, gaps, corrosion, or other deterioration that could
cause hazardous waste to be released from the primary barrier;
B)
Maintain
It must maintain the level of the stored or treated
hazardous waste within the containment walls of the unit so that
the height of any containment wall is not exceeded;
556
C)
Take
It must take measures to prevent the tracking of hazardous
waste out of the unit by personnel or by equipment used in
handling the waste. An area must be designated to decontaminate
equipment and any rinsate must be collected and properly
managed; and
D)
Take
It must take measures to control fugitive dust emissions such
that any openings (doors, windows, vents, cracks, etc.) exhibit no
visible emissions (see Method 22 (Visual Determination of
Fugitive Emissions from Material Sources and Smoke Emissions
from Flares) in appendix A to 40 CFR 60 (Test Methods),
incorporated by reference in 35 Ill. Adm. Code 720.111(b). In
addition, all associated particulate collection devices (e.g., fabric
filter, electrostatic precipitator) must be operated and maintained
with sound air pollution control practices (see 40 CFR 60 for
guidance). This state of no visible emissions must be maintained
effectively at all times during routine operating and maintenance
conditions, including when vehicles and personnel are entering and
exiting the unit;
BOARD NOTE: At 40 CFR 264.1101(c)(1)(iv) (2005)
, USEPA
cites “40 CFR part 60, subpart 292.” At 57 Fed. Reg. 37217 (Aug.
18, 1992), USEPA repeats this citation in the preamble discussion
of adoption of the rules. No such provision exists in the Code of
Federal Regulations. While section 40 CFR 60.292 of the federal
regulations pertains to control of fugitive dust emissions, that
provision is limited in its application to glass melting furnaces.
The Board has chosen to use the general citation: “40 CFR 60.”
2)
Obtain
It must obtain and keep on-site a certification by a qualified
registered
professional engineer (PE) Professional Engineer that the
containment building design meets the requirements of subsections (a)
through (c) of this Section. For units placed into operation prior to
February 18, 1993, this certification must be placed in the facility’s
operating record (on-site files for generators that are not formally required
to have operating records) no later than 60 days after the date of initial
operation of the unit. After February 18, 1993, PE certification will be
required prior to operation of the unit;
3)
Throughout the active life of the containment building, if the owner or
operator detects a condition that could lead to or has caused a release of
hazardous waste, it
must repair the condition promptly. In addition,
however, the owner or operator must do the following, in accordance with
the following procedures:
557
A)
Upon detection of a condition that has caused to a release of
hazardous wastes (e.g., upon detection of leakage from the primary
barrier) the owner or operator must do the following:
i)
Enter a record of the discovery in the facility operating
record;
ii)
Immediately remove the portion of the containment
building affected by the condition from service;
iii)
Determine what steps must be taken to repair the
containment building, remove any leakage from the
secondary collection system, and establish a schedule for
accomplishing the cleanup and repairs; and
iv)
Within seven days after the discovery of the condition,
notify the Agency in writing of the condition, and within 14
working days, provide a written notice to the Agency with
a description of the steps taken to repair the containment
building, and the schedule for accomplishing the work;
B)
The Agency must review the information submitted, make a
determination regarding whether the containment building must be
removed from service completely or partially until repairs and
cleanup are complete, and notify the owner or operator of the
determination and the underlying rationale in writing; and
C)
Upon completing all repairs and cleanup the owner and operator
must notify the Agency in writing and provide a verification,
signed by a qualified, registered professional engineer, that the
repairs and cleanup have been completed according to the written
plan submitted in accordance with subsection (c)(3)(A)(iv) of this
Section; and
4)
Inspect
It must inspect and record in the facility’s operating record, at
least once every seven days, except for the owner or operator of a
Performance Track member facility, which must inspect the record at least
once each month after approval of the Agency, data gathered from
monitoring equipment
and leak detection equipment as well as the
containment building and the area immediately surrounding the
containment building to detect signs of releases of hazardous waste. To
apply for a reduced inspection frequency, the owner or operator of a
Performance Track member facility must follow the procedures described
in Section 725.115(b)(5).
d)
For a
containment buildings building that contain areas both with and without
558
secondary containment, the owner or operator must do the following:
1)
Design and operate each area in accordance with the requirements
enumerated in subsections (a) through (c) of this Section;
2)
Take measures to prevent the release of liquids or wet materials into areas
without secondary containment; and
3)
Maintain in the facility’s operating log a written description of the
operating procedures used to maintain the integrity of areas without
secondary containment.
e)
Notwithstanding any other provision of this Subpart DD, the Agency must, in
writing, not require allow the use of alternatives to the requirements for secondary
containment for a permitted containment building where the Agency has
determined that the facility owner or operator demonstrates has adequately
demonstrated that the only free liquids in the unit are limited amounts of dust
suppression liquids required to meet occupational health and safety requirements,
and where containment of managed wastes and liquids can be assured without a
secondary containment system.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 725.Appendix F
Compounds with Henry’s Law Constant Less Than 0.1 Y/X (at 25°
C)
Compound name
CAS No.
Acetaldol
107-89-1
Acetamide
60-35-5
2-Acetylaminofluorene
53-96-3
3-Acetyl-5-hydroxypiperidine
3-Acetylpiperidine
618-42-8
1-Acetyl-2-thiourea
591-08-2
Acrylamide
79-06-1
Acrylic acid
79-10-7
Adenine
73-24-5
Adipic acid
124-04-9
Adiponitrile
111-69-3
Alachlor
15972-60-8
Aldicarb
116-06-3
Ametryn
834-12-8
4-Aminobiphenyl
92-67-1
4-Aminopyridine
504-24-5
Aniline
62-53-3
o-Anisidine
90-04-0
Anthraquinone
84-65-1
559
Atrazine
1912-24-9
Benzenearsonic acid
98-05-5
Benzenesulfonic acid
98-11-3
Benzidine
92-87-5
Benzo(a)anthracene
56-55-3
Benzo(k)fluoranthene
207-08-9
Benzoic acid
65-85-0
Benzo(g,h,i)perylene
191-24-2
Benzo(a)pyrene
50-32-8
Benzyl alcohol
100-51-6
γ-BHC
58-89-9
Bis(2-ethylhexyl)phthalate
117-81-7
Bromochloromethyl acetate
Bromoxynil (3,5-Dibromo-4-hydroxybenzonitrile)
1689-84-5
Butyric acid
107-92-6
Caprolactam (hexahydro-2H-azepin-2-one)
105-60-2
Catechol (o-dihydroxybenzene)
120-80-9
Cellulose
9004-34-6
Cell wall
Chlorhydrin (3-Chloro-1,2-propanediol)
96-24-2
Chloroacetic acid
79-11-8
2-Chloroacetophenone
93-76-5
p-Chloroaniline
106-47-8
p-Chlorobenzophenone
134-85-0
Chlorobenzilate
510-15-6
p-Chloro-m-cresol (6-chloro-m-cresol)
59-50-7
3-Chloro-2,5-diketopyrrolidine
Chloro-1,2-ethane diol
4-Chlorophenol
106-48-9
Chlorophenol polymers (2-chlorophenol & 4-chlorophenol)
95-57-8 & 106-
48-9
1-(o-Chlorophenyl)thiourea
5344-82-1
Chrysene
218-01-9
Citric acid
77-92-9
Creosote
8001-58-9
m-Cresol
108-39-4
o-Cresol
95-48-7
p-Cresol
106-44-5
Cresol (mixed isomers)
1319-77-3
4-Cumylphenol
27576-86
Cyanide
57-12-5
4-Cyanomethyl benzoate
Diazinon
333-41-5
Dibenzo(a,h)anthracene
53-70-3
Dibutylphthalate
84-74-2
2,5-Dichloroaniline (N,N’-dichloroaniline)
95-82-9
560
2,6-Dichlorobenzonitrile
1194-65-6
2,6-Dichloro-4-nitroaniline
99-30-9
2,5-Dichlorophenol
333-41-5
3,4-Dichlorotetrahydrofuran
3511-19
Dichlorvos (DDVP)
62-73-7
Diethanolamine
111-42-2
N,N-Diethylaniline
91-66-7
Diethylene glycol
111-46-6
Diethylene glycol dimethyl ether (dimethyl Carbitol)
111-96-6
Diethylene glycol monobutyl ether (butyl Carbitol)
112-34-5
Diethylene glycol monoethyl ether acetate (Carbitol acetate)
112-15-2
Diethylene glycol monoethyl ether (Carbitol Cellosolve)
111-90-0
Diethylene glycol monomethyl ether (methyl Carbitol)
111-77-3
N,N’-Diethylhydrazine
1615-80-1
Diethyl(4-methylumbelliferyl)thionophosphate
299-45-6
Diethylphosphorothioate
126-75-0
N,N’-Diethylpropionamide
15299-99-7
Dimethoate
60-51-5
2,3-Dimethoxystrychnidin-10-one
357-57-3
4-Dimethylaminoazobenzene
60-11-7
7,12-Dimethylbenz(a)anthracene
57-97-6
3,3-Dimethylbenzidine
119-93-7
Dimethylcarbamoyl chloride
79-44-7
Dimethyldisulfide
624-92-0
Dimethylformamide
68-12-2
1,1-Dimethylhydrazine
57-14-7
Dimethylphthalate
131-11-3
Dimethylsulfone
67-71-0
Dimethylsulfoxide
67-68-5
4,6-Dinitro-o-cresol
534-52-1
1,2-Diphenylhydrazine
122-66-7
Dipropylene glycol (1,1'-oxydi-2-propanol)
110-98-5
Endrin
72-20-8
Epinephrine
51-43-4
mono-Ethanolamine
141-43-5
Ethyl carbamate (urethane)
51-79-6
Ethylene glycol
107-21-1
Ethylene glycol monobutyl ether (butyl Cellosolve)
111-76-2
Ethylene glycol monoethyl ether (Cellosolve)
110-80-5
Ethylene glycol monoethyl ether acetate (Cellosolve acetate)
111-15-9
Ethylene glycol monomethyl ether (methyl Cellosolve)
109-86-4
Ethylene glycol monophenyl ether (phenyl Cellosolve)
122-99-6
Ethylene glycol monopropyl ether (propyl Cellosolve)
2807-30-9
Ethylene thiourea (2-imidazolidinethione)
9-64-57
96-45-7
4-Ethylmorpholine
100-74-3
561
3-Ethylphenol
620-17-7
Fluoroacetic acid, sodium salt
62-74-8
Formaldehyde
50-00-0
Formamide
75-12-7
Formic acid
64-18-6
Fumaric acid
110-17-8
Glutaric acid
110-94-1
Glycerin (Glycerol)
56-81-5
Glycidol
556-52-5
Glycinamide
598-41-4
Glyphosate
1071-83-6
Guthion
86-50-0
Hexamethylene-1,6-diisocyanate (1,6-diisocyanatohexane)
822-06-0
Hexamethyl phosphoramide
680-31-9
Hexanoic acid
142-62-1
Hydrazine
302-01-2
Hydrocyanic acid
74-90-8
Hydroquinone
123-31-9
Hydroxy-2-propionitrile (hydracrylonitrile)
109-78-4
Indeno(1,2,3-cd)pyrene
193-39-5
Lead acetate
301-04-2
Lead subacetate (lead acetate, monobasic)
1335-32-6
Leucine
61-90-5
Malathion
121-75-5
Maleic acid
110-16-7
Maleic anhydride
108-31-6
Mesityl oxide
141-79-7
Methane sulfonic acid
75-75-2
Methomyl
16752-77-5
p-Methoxyphenol
150-76-5
Methylacrylate
96-33-3
4,4'-Methylene-bis-(2-chloroaniline)
101-14-4
4,4'-Methylenediphenyl diisocyanate (diphenyl methane diisocyanate)
101-68-8
4,4'-Methylenedianiline
101-77-9
Methylene diphenylamine (MDA)
5-Methylfurfural
620-02-0
Methylhydrazine
60-34-4
Methyliminoacetic acid
Methyl methane sulfonate
66-27-3
1-Methyl-2-methoxyaziridine
Methylparathion
298-00-0
Methyl sulfuric acid (sulfuric acid, dimethyl ester)
77-78-1
4-Methylthiophenol
106-45-6
Monomethylformamide (N-methylformamide)
123-39-7
Nabam
142-59-6
α-Naphthol
90-15-3
562
β-Naphthol
135-19-3
α-Naphthylamine
134-32-7
β-Naphthylamine
91-59-8
Neopentyl glycol
126-30-7
Niacinamide
98-92-0
o-Nitroaniline
88-74-4
Nitroglycerin
55-63-0
2-Nitrophenol
88-75-5
4-Nitrophenol
100-02-7
N-Nitrosodimethylamine
62-75-9
Nitrosoguanidine
674-81-7
N-Nitroso-n-methylurea
684-93-5
N-Nitrosomorpholine (4-nitrosomorpholine)
59-89-2
Oxalic acid
144-62-7
Parathion
56-38-2
Pentaerythritol
115-77-5
Phenacetin
62-44-2
Phenol
108-95-2
Phenylacetic acid
103-82-2
m-Phenylene diamine
108-45-2
o-Phenylene diamine
95-54-5
p-Phenylene diamine
106-50-3
Phenyl mercuric acetate
62-38-4
Phorate
298-02-2
Phthalic anhydride
85-44-9
α-Picoline
(2-methyl pyridine)
109-06-8
1,3-Propane sulfone
1120-71-4
β-Propiolactone
57-57-8
Proporur (Baygon)
Propylene glycol
57-55-6
Pyrene
129-00-0
Pyridinium bromide
39416-48-3
Quinoline
91-22-5
Quinone (p-benzoquinone)
106-51-4
Resorcinol
108-46-3
Simazine
122-34-9
Sodium acetate
127-09-3
Sodium formate
141-53-7
Strychnine
57-24-9
Succinic acid
110-15-6
Succinimide
123-56-8
Sulfanilic acid
121-47-1
Terephthalic acid
100-21-0
Tetraethyldithiopyrophosphate
3689-24-5
Tetraethylenepentamine
112-57-2
Thiofanox
39196-18-4
563
Thiosemicarbazide
79-19-6
2,4-Toluenediamine
95-80-7
2,6-Toluenediamine
823-40-5
3,4-Toluenediamine
496-72-0
2,4-Toluene diisocyanate
584-84-9
p-Toluic acid
99-94-5
m-Toluidine
108-44-1
1,1,2-Trichloro-1,2,2-trifluoroethane
76-13-1
Triethanolamine
102-71-6
Triethylene glycol dimethyl ether
Tripropylene glycol
24800-44-0
Warfarin
81-81-2
3,4-Xylenol (3,4-dimethylphenol)
95-65-8
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 726
STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS
WASTE AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT
FACILITIES
SUBPART A: GENERAL
Section
726.102
Electronic Reporting
SUBPART C: RECYCLABLE MATERIALS USED IN A MANNER
CONSTITUTING DISPOSAL
Section
726.120
Applicability
726.121
Standards Applicable to Generators and Transporters of Materials Used in a
Manner that Constitutes Disposal
726.122
Standards Applicable to Storers, Who Are Not the Ultimate Users, of Materials
that Are To Be Used in a manner that Constitutes Disposal
726.123
Standards Applicable to Users of Materials that Are Used in a Manner that
Constitutes Disposal
SUBPART D: HAZARDOUS WASTE BURNED FOR ENERGY RECOVERY
Section
726.130
Applicability (Repealed)
726.131
Prohibitions (Repealed)
726.132
Standards applicable to generators of hazardous waste fuel (Repealed)
564
726.133
Standards applicable to transporters of hazardous waste fuel (Repealed)
726.134
Standards applicable to marketers of hazardous waste fuel (Repealed)
726.135
Standards applicable to burners of hazardous waste fuel (Repealed)
726.136
Conditional exemption for spent materials and by-products exhibiting a
characteristic of hazardous waste (Repealed)
SUBPART E: USED OIL BURNED FOR ENERGY RECOVERY
Section
726.140
Applicability (Repealed)
726.141
Prohibitions (Repealed)
726.142
Standards applicable to generators of used oil burned for energy recovery
(Repealed)
726.143
Standards applicable to marketers of used oil burned for energy recovery
(Repealed)
726.144
Standards applicable to burners of used oil burned for energy recovery
(Repealed)
SUBPART F: RECYCLABLE MATERIALS UTILIZED FOR PRECIOUS
METAL RECOVERY
Section
726.170
Applicability and Requirements
SUBPART G: SPENT LEAD-ACID BATTERIES BEING RECLAIMED
Section
726.180
Applicability and Requirements
SUBPART H: HAZARDOUS WASTE BURNED IN BOILERS AND
INDUSTRIAL FURNACES
Section
726.200
Applicability
726.201
Management Prior to Burning
726.202
Permit Standards for Burners
726.203
Interim Status Standards for Burners
726.204
Standards to Control Organic Emissions
726.205
Standards to Control PM
726.206
Standards to Control Metals Emissions
726.207
Standards to Control HCl and Chlorine Gas Emissions
726.208
Small Quantity On-Site Burner Exemption
726.209
Low Risk Waste Exemption
726.210
Waiver of DRE Trial Burn for Boilers
726.211
Standards for Direct Transfer
726.212
Regulation of Residues
726.219
Extensions of Time
565
SUBPART M: MILITARY MUNITIONS
Section
726.300
Applicability
726.301
Definitions
726.302
Definition of Solid Waste
726.303
Standards Applicable to the Transportation of Solid Waste Military Munitions
726.304
Standards Applicable to Emergency Responses
726.305
Standards Applicable to the Storage of Solid Waste Military Munitions
726.306
Standards Applicable to the Treatment and Disposal of Waste Military Munitions
SUBPART N: CONDITIONAL EXEMPTION FOR LOW-LEVEL MIXED
WASTE STORAGE, TREATMENT, TRANSPORTATION AND DISPOSAL
Section
726.310
Definitions
726.320
Storage and Treatment Conditional Exemption
726.325
Wastes Eligible for a Storage and Treatment Conditional Exemption for Low-
Level Mixed Waste
726.330
Conditions to Qualify for and Maintain a Storage and Treatment Conditional
Exemption
726.335
Treatment Allowed by a Storage and Treatment Conditional Exemption
726.340
Loss of a Storage and Treatment Conditional Exemption and Required Action
726.345
Reclaiming a Lost Storage and Treatment Conditional Exemption
726.350
Recordkeeping for a Storage and Treatment Conditional Exemption
726.355
Waste No Longer Eligible for a Storage and Treatment Conditional Exemption
726.360
Applicability of Closure Requirements to Storage Units
726.405
Transportation and Disposal Conditional Exemption
726.410
Wastes Eligible for a Transportation and Disposal Conditional Exemption
726.415
Conditions to Qualify for and Maintain a Transportation and Disposal Conditional
Exemption
726.420
Treatment Standards for Eligible Waste
726.425
Applicability of the Manifest and Transportation Condition
726.430
Effectiveness of a Transportation and Disposal Exemption
726.435
Disposal of Exempted Waste
726.440
Containers Used for Disposal of Exempted Waste
726.445
Notification
726.450
Recordkeeping for a Transportation and Disposal Conditional Exemption
726.455
Loss of a Transportation and Disposal Conditional Exemption and Required
Action
726.460
Reclaiming a Lost Transportation and Disposal Conditional Exemption
726.Appendix A
Tier I and Tier II Feed Rate and Emissions Screening Limits for Metals
726.Appendix B
Tier I Feed Rate Screening Limits for Total Chlorine
726.Appendix C
Tier II Emission Rate Screening Limits for Free Chlorine and Hydrogen
Chloride
726.Appendix D
Reference Air Concentrations
726.Appendix E
Risk-Specific Doses
566
726.Appendix F
Stack Plume Rise
726.Appendix G
Health-Based Limits for Exclusion of Waste-Derived Residues
726.Appendix H
Potential PICs for Determination of Exclusion of Waste-Derived Residues
726.Appendix I
Methods Manual for Compliance with BIF Regulations
726.Appendix J
Guideline on Air Quality Models (Repealed)
726.Appendix K
Lead-Bearing Materials that May be Processed in Exempt Lead Smelters
726.Appendix L
Nickel or Chromium-Bearing Materials that May Be Processed in Exempt
Nickel-Chromium Recovery Furnaces
726.Appendix M
Mercury-Bearing Wastes that May Be Processed in Exempt Mercury
Recovery Units
726.Table A
Exempt Quantities for Small Quantity Burner Exemption
AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 22.4 and 27].
SOURCE: Adopted in R85-22 at 10 Ill. Reg. 1162, effective January 2, 1986; amended in R86-1
at 10 Ill. Reg. 14156, effective August 12, 1986; amended in R87-26 at 12 Ill. Reg. 2900,
effective January 15, 1988; amended in R89-1 at 13 Ill. Reg. 18606, effective Nov. 13, 1989;
amended in R90-2 at 14 Ill. Reg. 14533, effective August 22, 1990; amended in R90-11 at 15 Ill.
Reg. 9727, effective June 17, 1991; amended in R91-13 at 16 Ill. Reg. 9858, effective June 9,
1992; amended in R92-10 at 17 Ill. Reg. 5865, effective March 26, 1993; amended in R93-4 at
17 Ill. Reg. 20904, effective Nov. 22, 1993; amended in R94-7 at 18 Ill. Reg. 12500, effective
July 29, 1994; amended in R95-6 at 19 Ill. Reg. 10006, effective June 27, 1995; amended in
R95-20 at 20 Ill. Reg. 11263, effective August 1, 1996; amended in R96-10/R97-3/R97-5 at 22
Ill. Reg. 754, effective December 16, 1997; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg.
18042, effective Sept. 28, 1998; amended in R99-15 at 23 Ill. Reg. 9482, effective July 26, 1999;
amended in R00-13 at 24 Ill. Reg. 9853, effective June 20, 2000; amended in R02-1/R02-
12/R02-17 at 26 Ill. Reg. 6667, effective April 22, 2002; amended in R03-7 at 27 Ill. Reg. 4200,
effective February 14, 2003; amended in R03-18 at 27 Ill. Reg. 12916, effective July 17, 2003;
amended in R06-5/R06-6/R06-7 at 30 Ill. Reg. 3700, effective February 23, 2006; amended in
R06-16/R06-17/R06-18 at 31 Ill. Reg. 1096, effective December 20, 2006; amended in R07-
5/R07-14 at 32 Ill. Reg. ________, effective ______________________.
SUBPART G: SPENT LEAD-ACID BATTERIES BEING RECLAIMED
Section 726.180
Applicability and Requirements
a)
Extent of exemption for spent lead-acid batteries from hazardous waste
management requirements. If an owner or operator generates, collects, transports,
stores, or regenerates lead-acid batteries for reclamation purposes, the owner or
operator may be exempt from certain hazardous waste management requirements.
Subsections (a)(1) though (a)(5) of this Section indicate which requirements apply
to the owner or operator. Alternatively, the owner or operator may choose to
manage its spent lead-acid batteries under the “Universal Waste” rule in 35 Ill.
Adm. Code 733.
567
1)
If the batteries will be reclaimed through regeneration (such as by
electrolyte replacement), the owner or operator is exempt from 35 Ill.
Adm. Code 702, 703, 722 through 726 (except for 35 Ill. Adm. Code
722.111), and 728 and the notification requirements of section 3010 of
RCRA, but the owner or operator is subject to 35 Ill. Adm. Code 721 and
722.111.
2)
If the batteries will be reclaimed other than through regeneration, and the
owner or operator generates, collects, or transports the batteries, the owner
or operator is exempt from 35 Ill. Adm. Code 702, 703, and 722 through
726 (except for 35 Ill. Adm. Code 722.111),
and the notification
requirements of section 3010 of RCRA, but the owner or operator is
subject to 35 Ill. Adm. Code 721 and 722.111 and applicable provisions of
35 Ill. Adm. Code 728.
3)
If the batteries will be reclaimed other than through regeneration, and the
owner or operator stores the batteries, but the owner or operator is not the
reclaimer, the owner or operator is exempt from 35 Ill. Adm. Code 702,
703, and 722 through 726 (except for 35 Ill. Adm. Code 722.111),
and the
notification requirements of section 3010 of RCRA, but the owner or
operator is subject to 35 Ill. Adm. Code 721 and 722.111 and applicable
provisions of 35 Ill. Adm. Code 728.
4)
If the batteries will be reclaimed other than through regeneration, and the
owner or operator stores the batteries before the owner or operator
reclaims them, the owner or operator must comply with Section
726.180(b) and other requirements described in that subsection, and the
owner or operator is subject to 35 Ill. Adm. Code 721 and 722.111 and
applicable provisions of 35 Ill. Adm. Code 728.
5)
If the batteries will be reclaimed other than through regeneration, and the
owner or operator does not store the batteries before the owner or operator
reclaims them, the owner or operator is exempt from 35 Ill. Adm. Code
702, 703, and 722 through 726 (except for 35 Ill. Adm. Code 722.111),
and the notification requirements of section 3010 of RCRA, and the owner
or operator is subject to 35 Ill. Adm. Code 721 and 722.111 and applicable
provisions of 35 Ill. Adm. Code 728.
b)
Exemption for spent lead-acid batteries stored before reclamation other than
through regeneration. The requirements of this subsection (b) apply to an owner or
operator that stores spent lead-acid batteries before it reclaims them, where the
owner or operator does not reclaim them through regeneration. The requirements
are slightly different depending on the owner’s or operator’s RCRA permit status.
1)
For an interim status facility, the owner or operator must comply with the
following requirements:
568
A)
The notification requirements under Section 3010 of the Resource
Conservation and Recovery Act (RCRA);
B)
All applicable provisions in Subpart A of 35 Ill. Adm. Code 725;
C)
All applicable provisions in Subpart B of 35 Ill. Adm. Code 725,
except 35 Ill. Adm. Code 725.113 (waste analysis);
D)
All applicable provisions in Subparts C and D of 35 Ill. Adm. Code
725;
E)
All applicable provisions in Subpart E of 35 Ill. Adm. Code 725,
except 35 Ill. Adm. Code 725.171 and 725.172 (dealing with the use
of the manifest and manifest discrepancies);
F)
All applicable provisions in Subparts F through L of 35 Ill. Adm.
Code 725; and
G)
All applicable provisions in 35 Ill. Adm. Code 702 and 703.
2)
For a permitted facility, the following requirements:
A)
The notification requirements under section 3010 of RCRA;
B)
All applicable provisions in Subpart A of 35 Ill. Adm. Code 724;
C)
All applicable provisions in Subpart B of 35 Ill. Adm. Code 724,
except 35 Ill. Adm. Code 724.113 (waste analysis);
D)
All applicable provisions in Subparts C and D of 35 Ill. Adm. Code
724;
E)
All applicable provisions in Subpart E of 35 Ill. Adm. Code 724,
except 35 Ill. Adm. Code 724.171 or 724.172 (dealing with the use
of the manifest and manifest discrepancies);
F)
All applicable provisions in Subparts F through L of 35 Ill. Adm.
Code 724; and
G)
All applicable provisions in 35 Ill. Adm. Code 702 and 703.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
569
SUBPART H: HAZARDOUS WASTE BURNED IN BOILERS AND
INDUSTRIAL FURNACES
Section 726.200
Applicability
a)
The regulations of this Subpart H apply to hazardous waste burned or processed in a
boiler or industrial furnace (BIF) (as defined in 35 Ill. Adm. Code 720.110)
irrespective of the purpose of burning or processing, except as provided by
subsections (b), (c), (d), (g), and (h) of this Section. In this Subpart H, the term
“burn” means burning for energy recovery or destruction or processing for materials
recovery or as an ingredient. The emissions standards of Sections 726.204, 726.205,
726.206, and 726.207 apply to facilities operating under interim status or under a
RCRA permit, as specified in Sections 726.202 and 726.203.
b)
Integration of the MACT standards.
1)
Except as provided by subsections (b)(2), (b)(3), and (b)(4) of this
Section, the standards of this Part do not apply to a new hazardous waste
boiler or industrial furnace unit that becomes subject to RCRA permit
requirements after October 12, 2005; or no longer apply when an owner or
operator of an existing hazardous waste boiler or industrial furnace unit
demonstrates compliance with the maximum achievable control
technology (MACT) requirements of federal subpart EEE of 40 CFR 63
(National Emission Standards for Hazardous Air Pollutants from
Hazardous Waste Combustors), incorporated by reference in 35 Ill. Adm.
Code 720.111(b), by conducting a comprehensive performance test and
submitting to the Agency a Notification of Compliance, pursuant to 40
CFR 63.1207(j) (What are the performance testing requirements?) and
63.1210(d) (What are the notification requirements?), documenting
compliance with the requirements of federal subpart EEE of 40 CFR 63.
Nevertheless, even after this demonstration of compliance with the MACT
standards, RCRA permit conditions that were based on the standards of
this Part will continue to be in effect until they are removed from the
permit or the permit is terminated or revoked, unless the permit expressly
provides otherwise.
2)
The following standards continue to apply:
A)
If an owner or operator elects to comply with 35 Ill. Adm. Code
703.320(a)(1)(A) to minimize emissions of toxic compounds from
startup, shutdown, and malfunction events, Section 726.202(e)(1),
requiring operations in accordance with the operating requirements
specified in the permit at all times that hazardous waste is in the
unit, and Section 726.202(e)(2)(C), requiring compliance with the
emission standards and operating requirements, during startup and
shutdown if hazardous waste is in the combustion chamber, except
570
for particular hazardous wastes. These provisions apply only
during startup, shutdown, and malfunction events;
B)
The closure requirements of Sections 726.202(e)(11) and
726.203(l);
C)
The standards for direct transfer of Section 726.211;
D)
The standards for regulation of residues of Section 726.312
726.212
; and
E)
The applicable requirements of Subparts A through H, BB, and CC
of 35 Ill. Adm. Code 724 and 725.
3)
The owner or operator of a boiler or hydrochloric acid production furnace
that is an area source under 40 CFR 63.2, incorporated by reference in 35
Ill. Adm. Code 720.111(b) (as 40 CFR 63), that has not elected to comply
with the emission standards of 40 CFR 63.1216, 63.1217, and 63.1218,
incorporated by reference in 35 Ill. Adm. Code 720.111(b) (as subpart
EEE of 40 CFR 63), for particulate matter, semivolatile and low volatile
metals, and total chlorine, also remains subject to the following
requirements of this Part:
A)
Section 726.205 (Standards to Control PM);
B)
Section 726.206 (Standards to Control Metals Emissions); and
C)
Section 726.207 (Standards to Control HCl and Chlorine Gas
Emissions).
4)
The particulate matter standard of Section 726.205 remains in effect for a
boiler that elects to comply with the alternative to the particulate matter
standard under 40 CFR 63.1216(e), incorporated by reference in 35 Ill.
Adm. Code 720.111(b) (as subpart EEE of 40 CFR 63).
BOARD NOTE: Sections 9.1 and 39.5 of the Environmental Protection Act [415
ILCS 5/9.1 and 39.5] make the federal MACT standards directly applicable to
entities in Illinois and authorize the Agency to issue permits based on the federal
standards. In adopting this subsection (b), USEPA stated as follows (at 64 Fed
Reg. 52828, 52975 (Sept. 30, 1999)):
Under [the approach adopted by USEPA as a] final rule, MACT
air emissions and related operating requirements are to be included
in title V permits; RCRA permits will continue to be required for
all other aspects of the combustion unit and the facility that are
governed by RCRA (e.g., corrective action, general facility
571
standards, other combustor-specific concerns such as materials
handling, risk-based emissions limits and operating requirements,
as appropriate, and other hazardous waste management units).
c)
The following hazardous wastes and facilities are not subject to regulation pursuant
to this Subpart H:
1)
Used oil burned for energy recovery that is also a hazardous waste solely
because it exhibits a characteristic of hazardous waste identified in Subpart C
of 35 Ill. Adm. Code 721. Such used oil is subject to regulation pursuant to
35 Ill. Adm. Code 739, rather than this Subpart H;
2)
Gas recovered from hazardous or solid waste landfills, when such gas is
burned for energy recovery;
3)
Hazardous wastes that are exempt from regulation pursuant to 35 Ill. Adm.
Code 721.104 and 721.106(a)(3)(C) and (a)(3)(D) and hazardous wastes that
are subject to the special requirements for conditionally exempt small
quantity generators pursuant to 35 Ill. Adm. Code 721.105; and
4)
Coke ovens, if the only hazardous waste burned is USEPA hazardous waste
no. K087 decanter tank tar sludge from coking operations.
d)
Owners and operators of smelting, melting, and refining furnaces (including
pyrometallurgical devices, such as cupolas, sintering machines, roasters, and foundry
furnaces, but not including cement kilns, aggregate kilns, or halogen acid furnaces
burning hazardous waste) that process hazardous waste solely for metal recovery are
conditionally exempt from regulation pursuant to this Subpart H, except for Sections
726.201 and 726.212.
1)
To be exempt from Sections 726.202 through 726.211, an owner or
operator of a metal recovery furnace or mercury recovery furnace must
comply with the following requirements, except that an owner or operator
of a lead or a nickel-chromium recovery furnace or a metal recovery
furnace that burns baghouse bags used to capture metallic dust emitted by
steel manufacturing must comply with the requirements of subsection
(d)(3) of this Section, and an owner or operator of a lead recovery furnace
that is subject to regulation under the Secondary Lead Smelting NESHAP
of federal subpart X of 40 CFR 63 (National Emission Standards for
Hazardous Air Pollutants from Secondary Lead Smelting) must comply
with the requirements of subsection (h) of this Section:
A)
Provide a one-time written notice to the Agency indicating the
following:
i)
The owner or operator claims exemption pursuant to this
572
subsection (d);
ii)
The hazardous waste is burned solely for metal recovery
consistent with the provisions of subsection (d)(2) of this
Section;
iii)
The hazardous waste contains recoverable levels of metals;
and
iv)
The owner or operator will comply with the sampling and
analysis and recordkeeping requirements of this subsection
(d);
B)
Sample and analyze the hazardous waste and other feedstocks as
necessary to comply with the requirements of this subsection (d)
by using appropriate methods; and
C)
Maintain at the facility for at least three years records to document
compliance with the provisions of this subsection (d), including limits
on levels of toxic organic constituents and Btu value of the waste and
levels of recoverable metals in the hazardous waste compared to
normal non-hazardous waste feedstocks.
2)
A hazardous waste meeting either of the following criteria is not processed
solely for metal recovery:
A)
The hazardous waste has a total concentration of organic compounds
listed in Appendix H to 35 Ill. Adm. Code 721 exceeding 500 ppm by
weight, as fired, and so is considered to be burned for destruction.
The concentration of organic compounds in a waste as-generated may
be reduced to the 500 ppm limit by bona fide treatment that removes
or destroys organic constituents. Blending for dilution to meet the
500 ppm limit is prohibited, and documentation that the waste has not
been impermissibly diluted must be retained in the records required
by subsection (d)(1)(C) of this Section; or
B)
The hazardous waste has a heating value of 5,000 Btu/lb or more, as-
fired, and is so considered to be burned as fuel. The heating value of
a waste as-generated may be reduced to below the 5,000 Btu/lb limit
by bona fide treatment that removes or destroys organic constituents.
Blending for dilution to meet the 5,000 Btu/lb limit is prohibited and
documentation that the waste has not been impermissibly diluted
must be retained in the records required by subsection (d)(1)(C) of
this Section.
3)
To be exempt from Sections 726.202 through 726.211, an owner or operator
573
of a lead, nickel-chromium, or mercury recovery furnace, except for an
owner or operator of a lead recovery furnace that is subject to regulation
pursuant to the Secondary Lead Smelting NESHAP of subpart X of 40
CFR 63, or a metal recovery furnace that burns baghouse bags used to
capture metallic dusts emitted by steel manufacturing must provide a one-
time written notice to the Agency identifying each hazardous waste burned
and specifying whether the owner or operator claims an exemption for each
waste pursuant to this subsection (d)(3) or subsection (d)(1) of this Section.
The owner or operator must comply with the requirements of subsection
(d)(1) of this Section for those wastes claimed to be exempt pursuant to that
subsection and must comply with the following requirements for those
wastes claimed to be exempt pursuant to this subsection (d)(3):
A)
The hazardous wastes listed in Appendices K, L, and M of this Part
and baghouse bags used to capture metallic dusts emitted by steel
manufacturing are exempt from the requirements of subsection (d)(1)
of this Section, provided the following are true:
i)
A waste listed in Appendix K of this Part must contain
recoverable levels of lead, a waste listed in Appendix L of
this Part must contain recoverable levels of nickel or
chromium, a waste listed in Appendix M of this Part must
contain recoverable levels of mercury and contain less than
500 ppm of Appendix H to 35 Ill. Adm. Code 721 organic
constituents, and baghouse bags used to capture metallic
dusts emitted by steel manufacturing must contain
recoverable levels of metal;
ii)
The waste does not exhibit the toxicity characteristic of 35 Ill.
Adm. Code 721.124 for an organic constituent;
iii)
The waste is not a hazardous waste listed in Subpart D of 35
Ill. Adm. Code 721 because it is listed for an organic
constituent, as identified in Appendix G of 35 Ill. Adm. Code
721; and
iv)
The owner or operator certifies in the one-time notice that
hazardous waste is burned pursuant to the provisions of
subsection (d)(3) of this Section and that sampling and
analysis will be conducted or other information will be
obtained as necessary to ensure continued compliance with
these requirements. Sampling and analysis must be
conducted according to subsection (d)(1)(B) of this Section,
and records to document compliance with subsection (d)(3)
of this Section must be kept for at least three years.
574
B)
The Agency may decide, on a case-by-case basis, that the toxic
organic constituents in a material listed in Appendix K, Appendix L,
or Appendix M of this Part that contains a total concentration of more
than 500 ppm toxic organic compounds listed in Appendix H to 35
Ill. Adm. Code 721 may pose a hazard to human health and the
environment when burned in a metal recovery furnace exempt from
the requirements of this Subpart H. Under these circumstances, after
adequate notice and opportunity for comment, the metal recovery
furnace will become subject to the requirements of this Subpart H
when burning that material. In making the hazard determination, the
Agency must consider the following factors:
i)
The concentration and toxicity of organic constituents in the
material;
ii)
The level of destruction of toxic organic constituents
provided by the furnace; and
iii)
Whether the acceptable ambient levels established in
Appendix D or E of this Part will be exceeded for any toxic
organic compound that may be emitted based on dispersion
modeling to predict the maximum annual average off-site
ground level concentration.
e)
The standards for direct transfer operations pursuant to Section 726.211 apply only
to facilities subject to the permit standards of Section 726.202 or the interim status
standards of Section 726.203.
f)
The management standards for residues pursuant to Section 726.212 apply to any
BIF burning hazardous waste.
g)
Owners and operators of smelting, melting, and refining furnaces (including
pyrometallurgical devices such as cupolas, sintering machines, roasters, and foundry
furnaces) that process hazardous waste for recovery of economically significant
amounts of the precious metals gold, silver, platinum, palladium, iridium, osmium,
rhodium, ruthenium, or any combination of these metals are conditionally exempt
from regulation pursuant to this Subpart H, except for Section 726.212. To be
exempt from Sections 726.202 through 726.211, an owner or operator must do the
following:
1)
Provide a one-time written notice to the Agency indicating the following:
A)
The owner or operator claims exemption pursuant to this Section,
B)
The hazardous waste is burned for legitimate recovery of precious
metal, and
575
C)
The owner or operator will comply with the sampling and analysis
and recordkeeping requirements of this Section;
2)
Sample and analyze the hazardous waste, as necessary, to document that
the waste is burned for recovery of economically significant amounts of
the metals and that the treatment recovers economically significant
amounts of precious metal; and
3)
Maintain, at the facility for at least three years, records to document that all
hazardous wastes burned are burned for recovery of economically significant
amounts of precious metal.
h)
An owner or operator of a lead recovery furnace that processes hazardous waste
for recovery of lead and which is subject to regulation pursuant to the Secondary
Lead Smelting NESHAP of subpart X of 40 CFR 63, is conditionally exempt
from regulation pursuant to this Subpart H, except for Section 726.201. To
become exempt, an owner or operator must provide a one-time notice to the
Agency identifying each hazardous waste burned and specifying that the owner or
operator claims an exemption pursuant to this subsection (h). The notice also
must state that the waste burned has a total concentration of non-metal
compounds listed in Appendix H to 35 Ill. Adm. Code 721 of less than 500 ppm by
weight, as fired and as provided in subsection (d)(2)(A) of this Section, or is listed
in Appendix K to this Part.
i)
Abbreviations and definitions. The following definitions and abbreviations are used
in this Subpart H:
“APCS” means air pollution control system.
“BIF” means boiler or industrial furnace.
“Carcinogenic metals” means arsenic, beryllium, cadmium, and chromium.
“CO” means carbon monoxide.
“Continuous monitor” is a monitor that continuously samples the regulated
parameter without interruption, that evaluates the detector response at least
once each 15 seconds, and that computes and records the average value at
least every 60 seconds.
BOARD NOTE: Derived from 40 CFR 266.100(e)(6)(i)(B)(
1
)(
i
) and
(e)(6)(ii)(B)(
1
).
“DRE” means destruction or removal efficiency.
“cu m” or “m
3
” means cubic meters.
576
“E” means “ten to the power.” For example, “XE-Y” means “X times ten to
the -Y power.”
“Feed rates” are measured as specified in Section 726.202(e)(6).
“Good engineering practice stack height” is as defined by federal 40 CFR
51.100(ii) (Definitions), incorporated by reference in 35 Ill. Adm. Code
720.111(b).
“HC” means hydrocarbon.
“HCl” means hydrogen chloride gas.
“Hourly rolling average” means the arithmetic mean of the 60 most recent
one-minute average values recorded by the continuous monitoring system.
BOARD NOTE: Derived from 40 CFR 266.100(e)(6)(i)(B)(
1
)(
ii
).
“K” means Kelvin.
“kVA” means kilovolt amperes.
“MEI” means maximum exposed individual.
“MEI location” means the point with the maximum annual average off-site
(unless on-site is required) ground level concentration.
“Noncarcinogenic metals” means antimony, barium, lead, mercury, thallium,
and silver.
“One hour block average” means the arithmetic mean of the one minute
averages recorded during the 60-minute period beginning at one minute after
the beginning of the preceding clock hour.
BOARD NOTE: Derived from 40 CFR 266.100(e)(6)(ii)(B)(
2
).
“PIC” means product of incomplete combustion.
“PM” means particulate matter.
“POHC” means principal organic hazardous constituent.
“ppmv” means parts per million by volume.
“QA/QC” means quality assurance and quality control.
“Rolling average for the selected averaging period” means the arithmetic
577
mean of one hour block averages for the averaging period.
BOARD NOTE: Derived from 40 CFR 266.100(e)(6)(ii)(B)(
2
).
“RAC” means reference air concentration, the acceptable ambient level for
the noncarcinogenic metals for purposes of this Subpart. RACs are specified
in Appendix D of this Part.
“RSD” means risk-specific dose, the acceptable ambient level for the
carcinogenic metals for purposes of this Subpart. RSDs are specified in
Appendix E of this Part.
“SSU” means “Saybolt Seconds Universal,” a unit of viscosity measured
by ASTM D 88-87 (Standard Test Method for Saybolt Viscosity) or D
2161-87 (Standard Practice for Conversion of Kinematic Viscosity to
Saybolt Universal or to Saybolt Furol Viscosity), each incorporated by
reference in 35 Ill. Adm. Code 720.111(a).
“TCLP test” means Method 1311 (Toxicity Characteristic Leaching
Procedure) in “Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,” USEPA publication number EPA-530/SW-
846, incorporated by reference in 35 Ill. Adm. Code 720.111(a), as used
for the purposes of 35 Ill. Adm. Code 721.124.
“TESH” means terrain-adjusted effective stack height (in meters).
“Tier I.” See Section 726.206(b).
“Tier II.” See Section 726.206(c).
“Tier III.” See Section 726.206(d).
“Toxicity equivalence” is estimated, pursuant to Section 726.204(e), using
section 4.0 (Procedures for Estimating the Toxicity Equivalence of
Chlorinated Dibenzo-p-Dioxin and Dibenzofuran Congeners) in appendix
IX to 40 CFR 266 (Methods Manual for Compliance with the BIF
Regulations), incorporated by reference in 35 Ill. Adm. Code 720.111(b)
(see Appendix I of this Part).
“mg” means microgram.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 726.202
Permit Standards for Burners
a)
Applicability.
578
1)
General. An owner or operator of a BIF that burns hazardous waste and
which does not operate under interim status must comply with the
requirements of this Section and 35 Ill. Adm. Code 703.208 and 703.232,
unless exempt pursuant to the small quantity burner exemption of Section
726.208.
2)
Applicability of 35 Ill. Adm. Code 724 standards. An owner or operator of a
BIF that burns hazardous waste is subject to the following provisions of 35
Ill. Adm. Code 724, except as provided otherwise by this Subpart H:
A)
In Subpart A (General), 35 Ill. Adm. Code 724.104;
B)
In Subpart B (General facility standards), 35 Ill. Adm. Code 724.111
through 724.118;
C)
In Subpart C (Preparedness and prevention), 35 Ill. Adm. Code
724.131 through 724.137;
D)
In Subpart D (Contingency plan and emergency procedures), 35 Ill.
Adm. Code 724.151 through 724.156;
E)
In Subpart E (Manifest system, recordkeeping and reporting), the
applicable provisions of 35 Ill. Adm. Code 724.171 through 724.177;
F)
In Subpart F (Corrective Action)
(Releases from Solid Waste
Management Units), 35 Ill. Adm. Code 724.190 and 724.201;
G)
In Subpart G (Closure and post-closure), 35 Ill. Adm. Code 724.211
through 724.215;
H)
In Subpart H (Financial requirements), 35 Ill. Adm. Code 724.241,
724.242, 724.243, and 724.247 through 724.251, except that the State
of Illinois and the federal government are exempt from the
requirements of Subpart H of 35 Ill. Adm. Code 724; and
I)
Subpart BB (Air emission standards for equipment leaks), except 35
Ill. Adm. Code 724.950(a).
b)
Hazardous waste analysis.
1)
The owner or operator must provide an analysis of the hazardous waste that
quantifies the concentration of any constituent identified in Appendix H of 35
Ill. Adm. Code 721 that is reasonably expected to be in the waste. Such
constituents must be identified and quantified if present, at levels detectable
by using appropriate analytical methods. The constituents listed in
Appendix H of 35 Ill. Adm. Code 721 that are excluded from this analysis
579
must be identified and the basis for their exclusion explained. This analysis
must provide all information required by this Subpart H and 35 Ill. Adm.
Code 703.208 and 703.232 and must enable the Agency to prescribe such
permit conditions as are necessary to adequately protect human health and
the environment. Such analysis must be included as a portion of the Part
B permit application, or, for facilities operating under the interim status
standards of this Subpart H, as a portion of the trial burn plan that may be
submitted before the Part B application pursuant to provisions of 35 Ill.
Adm. Code 703.232(g), as well as any other analysis required by the Agency.
The owner or operator of a BIF not operating under the interim status
standards must provide the information required by 35 Ill. Adm. Code
703.208 and 703.232 in the Part B application to the greatest extent possible.
2)
Throughout normal operation, the owner or operator must conduct sampling
and analysis as necessary to ensure that the hazardous waste, other fuels, and
industrial furnace feedstocks fired into the BIF are within the physical and
chemical composition limits specified in the permit.
c)
Emissions standards. An owner or operator must comply with emissions standards
provided by Sections 726.204 through 726.207.
d)
Permits.
1)
The owner or operator must burn only hazardous wastes specified in the
facility permit and only under the operating conditions specified pursuant to
subsection (e) of this Section, except in approved trial burns under the
conditions specified in 35 Ill. Adm. Code 703.232.
2)
Hazardous wastes not specified in the permit must not be burned until
operating conditions have been specified under a new permit or permit
modification, as applicable. Operating requirements for new wastes must be
based on either trial burn results or alternative data included with Part B of a
permit application pursuant to 35 Ill. Adm. Code 703.208.
3)
BIFs operating under the interim status standards of Section 726.203 are
permitted pursuant to procedures provided by 35 Ill. Adm. Code 703.232(g).
4)
A permit for a new BIF (those BIFs not operating under the interim status
standards) must establish appropriate conditions for each of the applicable
requirements of this Section, including but not limited to allowable
hazardous waste firing rates and operating conditions necessary to meet the
requirements of subsection (e) of this Section, in order to comply with the
following standards:
A)
For the period beginning with initial introduction of hazardous waste
and ending with initiation of the trial burn, and only for the minimum
580
time required to bring the device to a point of operational readiness to
conduct a trial burn, not to exceed a duration of 720 hours operating
time when burning hazardous waste, the operating requirements must
be those most likely to ensure compliance with the emission
standards of Sections 726.204 through 726.207, based on the
Agency’s engineering judgment. If the applicant is seeking a waiver
from a trial burn to demonstrate conformance with a particular
emission standard, the operating requirements during this initial
period of operation must include those specified by the applicable
provisions of Section 726.204, Section 726.205, Section 726.206, or
Section 726.207. The Agency must extend the duration of this period
for up to 720 additional hours when good cause for the extension is
demonstrated by the applicant.
B)
For the duration of the trial burn, the operating requirements must be
sufficient to demonstrate compliance with the emissions standards of
Sections 726.204 through 726.207 and must be in accordance with
the approved trial burn plan;
C)
For the period immediately following completion of the trial burn,
and only for the minimum period sufficient to allow sample analysis,
data computation, submission of the trial burn results by the
applicant, review of the trial burn results, and modification of the
facility permit by the Agency to reflect the trial burn results, the
operating requirements must be those most likely to ensure
compliance with the emission standards Sections 726.204 through
726.207 based on the Agency’s engineering judgment.
D)
For the remaining duration of the permit, the operating requirements
must be those demonstrated in a trial burn or by alternative data
specified in 35 Ill. Adm. Code 703.208, as sufficient to ensure
compliance with the emissions standards of Sections 726.204 through
726.207.
e)
Operating requirements.
1)
General. A BIF burning hazardous waste must be operated in accordance
with the operating requirements specified in the permit at all times when
there is hazardous waste in the unit.
2)
Requirements to ensure compliance with the organic emissions standards.
A)
DRE (destruction or removal efficiency) standard. Operating
conditions must be specified in either of the following ways: on a
case-by-case basis for each hazardous waste burned, which
conditions must be demonstrated (in a trial burn or by alternative
581
data, as specified in 35 Ill. Adm. Code 703.208) to be sufficient to
comply with the DRE performance standard of Section 726.204(a), or
as special operating requirements provided by Section 726.204(a)(4)
for the waiver of the DRE trial burn. When the DRE trial burn is not
waived pursuant to Section 726.204(a)(4), each set of operating
requirements must specify the composition of the hazardous waste
(including acceptable variations in the physical and chemical
properties of the hazardous waste that will not affect compliance with
the DRE performance standard) to which the operating requirements
apply. For each such hazardous waste, the permit must specify
acceptable operating limits including, but not limited to, the
following conditions, as appropriate:
i)
Feed rate of hazardous waste and other fuels measured and
specified as prescribed in subsection (e)(6) of this Section;
ii)
Minimum and maximum device production rate when
producing normal product expressed in appropriate units,
measured and specified as prescribed in subsection (e)(6) of
this Section;
iii)
Appropriate controls of the hazardous waste firing system;
iv)
Allowable variation in BIF system design or operating
procedures;
v)
Minimum combustion gas temperature measured at a location
indicative of combustion chamber temperature, measured,
and specified as prescribed in subsection (e)(6) of this
Section;
vi)
An appropriate indicator of combustion gas velocity,
measured and specified as prescribed in subsection (e)(6) of
this Section, unless documentation is provided pursuant to 35
Ill. Adm. Code 703.232 demonstrating adequate combustion
gas residence time; and
vii)
Such other operating requirements as are necessary to ensure
that the DRE performance standard of Section 726.204(a) is
met.
B)
CO and hydrocarbon (HC) standards. The permit must incorporate a
CO limit and, as appropriate, a HC limit as provided by Section
726.204(b), (c), (d), (e), and (f). The permit limits must be specified
as follows:
582
i)
When complying with the CO standard of Section
726.204(b)(1), the permit limit is 100 ppmv;
ii)
When complying with the alternative CO standard pursuant
to Section 726.204(c), the permit limit for CO is based on the
trial burn and is established as the average over all valid runs
of the highest hourly rolling average CO level of each run;
and, the permit limit for HC is 20 ppmv (as defined in Section
726.204(c)(1)), except as provided in Section 726.204(f); or
iii)
When complying with the alternative HC limit for industrial
furnaces pursuant to Section 726.204(f), the permit limit for
HC and CO is the baseline level when hazardous waste is not
burned as specified by that subsection.
C)
Start-up and shut-down. During start-up and shut-down of the BIF,
hazardous waste (except waste fed solely as an ingredient under the
Tier I (or adjusted Tier I) feed rate screening limits for metals and
chloride/chlorine, and except low risk waste exempt from the trial
burn requirements pursuant to Sections 726.204(a)(5), 726.205,
726.206, and 726.207) must not be fed into the device, unless the
device is operating within the conditions of operation specified in the
permit.
3)
Requirements to ensure conformance with the particulate matter (PM)
standard.
A)
Except as provided in subsections (e)(3)(B) and (e)(3)(C) of this
Section, the permit must specify the following operating
requirements to ensure conformance with the PM standard specified
in Section 726.205:
i)
Total ash feed rate to the device from hazardous waste, other
fuels, and industrial furnace feedstocks, measured and
specified as prescribed in subsection (e)(6) of this Section;
ii)
Maximum device production rate when producing normal
product expressed in appropriate units, and measured and
specified as prescribed in subsection (e)(6) of this Section;
iii)
Appropriate controls on operation and maintenance of the
hazardous waste firing system and any air pollution control
system (APCS);
iv)
Allowable variation in BIF system design including any
APCS or operating procedures; and
583
v)
Such other operating requirements as are necessary to ensure
that the PM standard in Section 726.211(b)
726.205(a) is met.
B)
Permit conditions to ensure conformance with the PM standard must
not be provided for facilities exempt from the PM standard pursuant
to Section 726.205(b);
C)
For cement kilns and light-weight aggregate kilns, permit conditions
to ensure compliance with the PM standard must not limit the ash
content of hazardous waste or other feed materials.
4)
Requirements to ensure conformance with the metals emissions standard.
A)
For conformance with the Tier I (or adjusted Tier I) metals feed rate
screening limits of Section 726.206(b) or (e), the permit must specify
the following operating requirements:
i)
Total feed rate of each metal in hazardous waste, other fuels
and industrial furnace feedstocks measured and specified
pursuant to provisions of subsection (e)(6) of this Section;
ii)
Total feed rate of hazardous waste measured and specified as
prescribed in subsection (e)(6) of this Section; and
iii)
A sampling and metals analysis program for the hazardous
waste, other fuels and industrial furnace feedstocks;
B)
For conformance with the Tier II metals emission rate screening
limits pursuant to Section 726.206(c) and the Tier III metals controls
pursuant to Section 726.206(d), the permit must specify the
following operating requirements:
i)
Maximum emission rate for each metal specified as the
average emission rate during the trial burn;
ii)
Feed rate of total hazardous waste and pumpable hazardous
waste, each measured and specified as prescribed in
subsection (e)(6)(A) of this Section;
iii)
Feed rate of each metal in the following feedstreams,
measured and specified as prescribed in subsections (e)(6) of
this Section: total feed streams; total hazardous waste feed;
and total pumpable hazardous waste feed;
iv)
Total feed rate of chlorine and chloride in total feed streams
584
measured and specified as prescribed in subsection (e)(6) of
this Section;
v)
Maximum combustion gas temperature measured at a
location indicative of combustion chamber temperature, and
measured and specified as prescribed in subsection (e)(6) of
this Section;
vi)
Maximum flue gas temperature at the inlet to the PM APCS
measured and specified as prescribed in subsection (e)(6) of
this Section;
vii)
Maximum device production rate when producing normal
product expressed in appropriate units and measured and
specified as prescribed in subsection (e)(6) of this Section;
viii)
Appropriate controls on operation and maintenance of the
hazardous waste firing system and any APCS;
ix)
Allowable variation in BIF system design including any
APCS or operating procedures; and
x)
Such other operating requirements as are necessary to ensure
that the metals standards pursuant to Section 726.206(c) or
(d) are met.
C)
For conformance with an alternative implementation approach
approved by the Agency pursuant to Section 726.206(f), the permit
must specify the following operating requirements:
i)
Maximum emission rate for each metal specified as the
average emission rate during the trial burn;
ii)
Feed rate of total hazardous waste and pumpable hazardous
waste, each measured and specified as prescribed in
subsection (e)(6)(A) of this Section;
iii)
Feed rate of each metal in the following feedstreams,
measured and specified as prescribed in subsection (e)(6) of
this Section: total hazardous waste feed; and total pumpable
hazardous waste feed;
iv)
Total feed rate of chlorine and chloride in total feed streams
measured and specified prescribed in subsection (e)(6) of this
Section;
585
v)
Maximum combustion gas temperature measured at a
location indicative of combustion chamber temperature, and
measured and specified as prescribed in subsection (e)(6) of
this Section;
vi)
Maximum flue gas temperature at the inlet to the PM APCS
measured and specified as prescribed in subsection (e)(6) of
this Section;
vii)
Maximum device production rate when producing normal
product expressed in appropriate units and measured and
specified as prescribed in subsection (e)(6) of this Section;
viii)
Appropriate controls on operation and maintenance of the
hazardous waste firing system and any APCS;
ix)
Allowable variation in BIF system design including any
APCS or operating procedures; and
x)
Such other operating requirements as are necessary to ensure
that the metals standards pursuant to Section 726.206(c) or
(d) are met.
5)
Requirements to ensure conformance with the HCl and chlorine gas
standards.
A)
For conformance with the Tier I total chlorine and chloride feed rate
screening limits of Section 726.207(b)(1), the permit must specify the
following operating requirements:
i)
Feed rate of total chlorine and chloride in hazardous waste,
other fuels and industrial furnace feedstocks measured and
specified as prescribed in subsection (e)(6) of this Section;
ii)
Feed rate of total hazardous waste measured and specified as
prescribed in subsection (e)(6) of this Section; and
iii)
A sampling and analysis program for total chlorine and
chloride for the hazardous waste, other fuels and industrial
furnace feedstocks;
B)
For conformance with the Tier II HCl and chlorine gas emission rate
screening limits pursuant to Section 726.207(b)(2) and the Tier III
HCl and chlorine gas controls pursuant to Section 726.207(c), the
permit must specify the following operating requirements:
586
i)
Maximum emission rate for HCl and for chlorine gas
specified as the average emission rate during the trial burn;
ii)
Feed rate of total hazardous waste measured and specified as
prescribed in subsection (e)(6) of this Section;
iii)
Total feed rate of chlorine and chloride in total feed streams,
measured and specified as prescribed in subsection (e)(6) of
this Section;
iv)
Maximum device production rate when producing normal
product expressed in appropriate units, measured and
specified as prescribed in subsection (e)(6) of this Section;
v)
Appropriate controls on operation and maintenance of the
hazardous waste firing system and any APCS;
vi)
Allowable variation in BIF system design including any
APCS or operating procedures; and
vii)
Such other operating requirements as are necessary to ensure
that the HCl and chlorine gas standards pursuant to Section
726.207(b)(2) or (c) are met.
6)
Measuring parameters and establishing limits based on trial burn data.
A)
General requirements. As specified in subsections (e)(2) through
(e)(5) of this Section, each operating parameter must be measured,
and permit limits on the parameter must be established, according to
either of the following procedures:
i)
Instantaneous limits. A parameter is measured and recorded
on an instantaneous basis (i.e., the value that occurs at any
time) and the permit limit specified as the time-weighted
average during all valid runs of the trial burn; or
ii)
Hourly rolling average. The limit for a parameter must be
established and continuously monitored on an hourly rolling
average basis, as defined in Section 726.200(i). The permit
limit for the parameter must be established based on trial burn
data as the average over all valid test runs of the highest
hourly rolling average value for each run.
BOARD NOTE: The Board has combined the text of 40
CFR 266.100(e)(6)(i)(B)(
1
) and (e)(6)(i)(B)(
2
) into this
subsection (e)(6)(A)(ii) and moved the text of 40 CFR
587
266.100(e)(6)(i)(B)(
1
)(
i
) and (e)(6)(i)(B)(
1
)(
ii
) to appear as
definitions of “continuous monitor” and “hourly rolling
average,” respectively, in Section 726.200(i) to comport
with Illinois Administrative Code codification
requirements.
B)
Rolling average limits for carcinogenic metals and lead. Feed rate
limits for the carcinogenic metals (as defined in Section 726.200(i))
and lead must be established either on an hourly rolling average
basis, as prescribed by subsection (e)(6)(A) of this Section, or on (up
to) a 24 hour rolling average basis. If the owner or operator elects to
use an average period from 2 to 24 hours, the following
requirements apply:
i)
The feed rate of each metal must be limited at any time to ten
times the feed rate that would be allowed on an hourly rolling
average basis;
ii)
Terms are
The continuous monitor must meet the
specifications of “continuous monitor,” “rolling average for
the selected averaging period,” and “one hour block
average” as defined in Section 726.200(i); and
BOARD NOTE: The Board has moved the text of 40 CFR
266.100(e)(6)(ii)(B)(
1
) and (e)(6)(ii)(B)(
2
) to appear as
definitions in Section 726.200(i) to comport with Illinois
Administrative Code codification requirements.
iii)
The permit limit for the feed rate of each metal must be
established based on trial burn data as the average over all
valid test runs of the highest hourly rolling average feed rate
for each run.
C)
Feed rate limits for metals, total chlorine and chloride, and ash. Feed
rate limits for metals, total chlorine and chloride, and ash are
established and monitored by knowing the concentration of the
substance (i.e., metals, chloride/chlorine and ash) in each feedstream
and the flow rate of the feedstream. To monitor the feed rate of these
substances, the flow rate of each feedstream must be monitored
pursuant to the continuous monitoring requirements of subsections
(e)(6)(A) and (e)(6)(B) of this Section.
D)
Conduct of trial burn testing.
i)
If compliance with all applicable emissions standards of
Sections 726.204 through 726.207 is not demonstrated
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simultaneously during a set of test runs, the operating
conditions of additional test runs required to demonstrate
compliance with remaining emissions standards must be as
close as possible to the original operating conditions.
ii)
Prior to obtaining test data for purposes of demonstrating
compliance with the emissions standards of Sections 726.204
through 726.207 or establishing limits on operating
parameters pursuant to this Section, the unit must operate
under trial burn conditions for a sufficient period to reach
steady-state operations. However, industrial furnaces that
recycle collected PM back into the furnace and that comply
with an alternative implementation approach for metals
pursuant to Section 726.206(f) need not reach steady state
conditions with respect to the flow of metals in the system
prior to beginning compliance testing for metals emissions.
iii)
Trial burn data on the level of an operating parameter for
which a limit must be established in the permit must be
obtained during emissions sampling for the pollutants (i.e.,
metals, PM, HCl/chlorine gas, organic compounds) for which
the parameter must be established as specified by this
subsection (e).
7)
General requirements.
A)
Fugitive emissions. Fugitive emissions must be controlled in one of
the following ways:
i)
By keeping the combustion zone totally sealed against
fugitive emissions;
ii)
By maintaining the combustion zone pressure lower than
atmospheric pressure; or
iii)
By an alternative means of control demonstrated (with Part B
of the permit application) to provide fugitive emissions
control equivalent to maintenance of combustion zone
pressure lower than atmospheric pressure.
B)
Automatic waste feed cutoff. A BIF must be operated with a
functioning system that automatically cuts off the hazardous waste
feed when operating conditions deviate from those established
pursuant to this Section. In addition, the following requirements
apply:
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i)
The permit limit for (the indicator of) minimum combustion
chamber temperature must be maintained while hazardous
waste or hazardous waste residues remain in the combustion
chamber;
ii)
Exhaust gases must be ducted to the APCS operated in
accordance with the permit requirements while hazardous
waste or hazardous waste residues remain in the combustion
chamber; and
iii)
Operating parameters for which permit limits are established
must continue to be monitored during the cutoff, and the
hazardous waste feed must not be restarted until the levels of
those parameters comply with the permit limits. For
parameters that are monitored on an instantaneous basis, the
Agency must establish a minimum period of time after a
waste feed cutoff during which the parameter must not
exceed the permit limit before the hazardous waste feed is
restarted.
C)
Changes. A BIF must cease burning hazardous waste when
combustion properties or feed rates of the hazardous waste, other
fuels or industrial furnace feedstocks, or the BIF design or operating
conditions deviate from the limits as specified in the permit.
8)
Monitoring and Inspections.
A)
The owner or operator must monitor and record the following, at a
minimum, while burning hazardous waste:
i)
If specified by the permit, feed rates and composition of
hazardous waste, other fuels, and industrial furnace
feedstocks and feed rates of ash, metals, and total chlorine
and chloride;
ii)
If specified by the permit, CO, HCs, and oxygen on a
continuous basis at a common point in the BIF downstream
of the combustion zone and prior to release of stack gases to
the atmosphere in accordance with operating requirements
specified in subsection (e)(2)(B) of this Section. CO, HC,
and oxygen monitors must be installed, operated, and
maintained in accordance with methods specified in
Appendix I of this Part; and
iii)
Upon the request of the Agency, sampling and analysis of the
hazardous waste (and other fuels and industrial furnace
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feedstocks as appropriate), residues, and exhaust emissions
must be conducted to verify that the operating requirements
established in the permit achieve the applicable standards of
Sections 726.204, 726.205, 726.206, and 726.207.
B)
All monitors must record data in units corresponding to the permit
limit unless otherwise specified in the permit.
C)
The BIF and associated equipment (pumps, values,
valves, pipes, fuel
storage tanks, etc.) must be subjected to thorough visual inspection
when it contains hazardous waste, at least daily for leaks, spills,
fugitive emissions, and signs of tampering.
D)
The automatic hazardous waste feed cutoff system and associated
alarms must be tested at least once every seven days when hazardous
waste is burned to verify operability, unless the applicant
demonstrates to the Agency that weekly inspections will unduly
restrict or upset operations and that less frequent inspections will be
adequate. At a minimum, operational testing must be conducted at
least once every 30 days.
E)
These monitoring and inspection data must be recorded and the
records must be placed in the operating record required by 35 Ill.
Adm. Code 724.173.
9)
Direct transfer to the burner. If hazardous waste is directly transferred from a
transport vehicle to a BIF without the use of a storage unit, the owner and
operator must comply with Section 726.211.
10)
Recordkeeping. The owner or operator must keep
maintain in the operating
record of the facility all information and data required by this Section until
closure of the facility for five years.
11)
Closure. At closure, the owner or operator must remove all hazardous waste
and hazardous waste residues (including, but not limited to, ash, scrubber
waters, and scrubber sludges) from the BIF.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 726.203
Interim Status Standards for Burners
a)
Purpose, scope, and applicability.
1)
General.
A)
The purpose of this Section is to establish minimum national
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standards for owners and operators of “existing” BIFs that burn
hazardous waste where such standards define the acceptable
management of hazardous waste during the period of interim status.
The standards of this Section apply to owners and operators of
existing facilities until either a permit is issued under Section
726.202(d) or until closure responsibilities identified in this Section
are fulfilled.
B)
“Existing” or “in existence” means a BIF for which the owner or
operator filed a certification of precompliance with USEPA pursuant
to federal 40 CFR 266.103(b); provided, however, that USEPA has
not determined that the certification is invalid.
C)
If a BIF is located at a facility that already has a RCRA permit or
interim status, then the owner or operator must comply with the
applicable regulations dealing with permit modifications in 35 Ill.
Adm. Code 703.280 or changes in interim status in 35 Ill. Adm. Code
703.155.
2)
Exemptions. The requirements of this Section do not apply to hazardous
waste and facilities exempt under Section 726.200(b) or 726.208.
3)
Prohibition on burning dioxin-listed wastes. The following hazardous waste
listed for dioxin and hazardous waste derived from any of these wastes must
not be burned in a BIF operating under interim status: USEPA hazardous
waste numbers F020, F021, F022, F023, F026, and F027.
4)
Applicability of 35 Ill. Adm. Code 725 standards. An owner or operator of a
BIF that burns hazardous waste and which is operating under interim status is
subject to the following provisions of 35 Ill. Adm. Code 725, except as
provided otherwise by this Section:
A)
In Subpart A of 35 Ill. Adm. Code 725 (General), 35 Ill. Adm. Code
725.104;
B)
In Subpart B of 35 Ill. Adm. Code 725 (General facility standards),
35 Ill. Adm. Code 725.111 through 725.117;
C)
In Subpart C of 35 Ill. Adm. Code 725 (Preparedness and
prevention), 35 Ill. Adm. Code 725.131 through 725.137;
D)
In Subpart D of 35 Ill. Adm. Code 725 (Contingency plan and
emergency procedures), 35 Ill. Adm. Code 725.151 through 725.156;
E)
In Subpart E of 35 Ill. Adm. Code 725 (Manifest system,
recordkeeping and reporting), 35 Ill. Adm. Code 725.171 through
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725.177, except that 35 Ill. Adm. Code 725.171, 725.172 and
725.176 do not apply to owners and operators of on-site facilities that
do not receive any hazardous waste from off-site sources;
F)
In Subpart G of 35 Ill. Adm. Code 725 (Closure and post-closure),
35 Ill. Adm. Code 725.211 through 725.215;
G)
In Subpart H of 35 Ill. Adm. Code 725 (Financial requirements), 35
Ill. Adm. Code 725.241, 725.242, 725.243, and 725.247 through
725.251
725.250, except that the State of Illinois and the federal
government are exempt from the requirements of Subpart H of 35 Ill.
Adm. Code 725; and
H)
In Subpart BB of 35 Ill. Adm. Code 725 (Air emission standards for
equipment leaks), except 35 Ill. Adm. Code 725.950(a).
5)
Special requirements for furnaces. The following controls apply during
interim status to industrial furnaces (e.g., kilns, cupolas) that feed hazardous
waste for a purpose other than solely as an ingredient (see subsection
(a)(5)(B) of this Section) at any location other than the hot end where
products are normally discharged or where fuels are normally fired:
A)
Controls.
i)
The hazardous waste must be fed at a location where
combustion gas temperature is at least 1800° F;
ii)
The owner or operator must determine that adequate oxygen
is present in combustion gases to combust organic
constituents in the waste and retain documentation of such
determination in the facility record;
iii)
For cement kiln systems, the hazardous waste must be fed
into the kiln; and
iv)
The HC controls of Section 726.204(f) or subsection (c)(5) of
this Section apply upon certification of compliance under
subsection (c) of this Section, irrespective of the CO level
achieved during the compliance test.
B)
Burning hazardous waste solely as an ingredient. A hazardous waste
is burned for a purpose other than “solely as an ingredient” if it meets
either of the following criteria:
i)
The hazardous waste has a total concentration of nonmetal
compounds listed in Appendix H of 35 Ill. Adm. Code 721,
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exceeding 500 ppm by weight, as fired and so is considered to
be burned for destruction. The concentration of nonmetal
compounds in a waste as-generated may be reduced to the
500 ppm limit by bona fide treatment that removes or
destroys nonmetal constituents. Blending for dilution to meet
the 500 ppm limit is prohibited and documentation that the
waste has not been impermissibly diluted must be retained in
the facility record; or
ii)
The hazardous waste has a heating value of 5,000 Btu/lb or
more, as fired, and so is considered to be burned as fuel. The
heating value of a waste as-generated may be reduced to
below the 5,000 Btu/lb limit by bona fide treatment that
removes or destroys organic constituents. The heating value
of a waste as-generated may be reduced to below the 5,000
Btu/lb limit by bona fide treatment that removes or destroys
organic constituents. Blending to augment the heating value
to meet the 5,000 Btu/lb limit is prohibited and
documentation that the waste has not been impermissibly
blended must be retained in the facility record.
6)
Restrictions on burning hazardous waste that is not a fuel. Prior to
certification of compliance under subsection (c) of this Section, an owner or
operator must not feed hazardous waste that has a heating value less than
5000 Btu/lb, as generated, (except that the heating value of a waste as-
generated may be increased to above the 5,000 Btu/lb limit by bona fide
treatment; however blending to augment the heating value to meet the 5,000
Btu/lb limit is prohibited and records must be kept to document that
impermissible blending has not occurred) in a BIF, except that the following
may occur:
A)
Hazardous waste may be burned solely as an ingredient;
B)
Hazardous waste may be burned for purposes of compliance testing
(or testing prior to compliance testing) for a total period of time not to
exceed 720 hours;
C)
Such waste may be burned if the Agency has documentation to show
that the following was true prior to August 21, 1991:
i)
The BIF was operating under the interim status standards for
incinerators or thermal treatment units, Subparts O or P of 35
Ill. Adm. Code 725;
ii)
The BIF met the interim status eligibility requirements under
35 Ill. Adm. Code 703.153 for Subparts O or P of 35 Ill.
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Adm. Code 725; and
iii)
Hazardous waste with a heating value less than 5,000 Btu/lb
was burned prior to that date; or
D)
Such waste may be burned in a halogen acid furnace if the waste was
burned as an excluded ingredient under 35 Ill. Adm. Code 721.102(e)
prior to February 21, 1991, and documentation is kept on file
supporting this claim.
7)
Direct transfer to the burner. If hazardous waste is directly transferred from a
transport vehicle to a BIF without the use of a storage unit, the owner or
operator must comply with Section 726.211.
b)
Certification of precompliance. This subsection corresponds with 40 CFR
266.103(b), under which USEPA required certain owners and operators to file a
certification of precompliance by August 21, 1991. No similar filing with the
Agency was required, so the Board did not incorporate the federal filing
requirement into the Illinois regulations. This statement maintains structural
parity with the federal regulations.
c)
Certification of compliance. The owner or operator must conduct emissions testing
to document compliance with the emissions standards of Sections 726.204(b)
through (e), 726.205, 726.206, and 726.207 and subsection (a)(5)(A)(iv) of this
Section under the procedures prescribed by this subsection (c), except under
extensions of time provided by subsection (c)(7) of this Section. Based on the
compliance test, the owner or operator must submit to the Agency, on or before
August 21, 1992, a complete and accurate “certification of compliance” (under
subsection (c)(4) of this Section) with those emission standards establishing limits on
the operating parameters specified in subsection (c)(1) of this Section.
1)
Limits on operating conditions. The owner or operator must establish limits
on the following parameters based on operations during the compliance test
(under procedures prescribed in subsection (c)(4)(D) of this Section) or as
otherwise specified and include these limits with the certification of
compliance. The BIF must be operated in accordance with these operating
limits and the applicable emissions standards of Sections 726.204(b) through
(e), 726.205, 726.206, and 726.207 and subsection (a)(5)(A)(iv) of this
Section at all times when there is hazardous waste in the unit.
A)
Feed rate of total hazardous waste and (unless complying the Tier I or
adjusted Tier I metals feed rate screening limits under Section
726.206(b) or (e)), pumpable hazardous waste;
B)
Feed rate of each metal in the following feedstreams:
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i)
Total feedstreams, except that industrial furnaces which must
comply with the alternative metals implementation approach
under subsection (c)(3)(B) of this Section must specify limits
on the concentration of each metal in collected PM in lieu of
feed rate limits for total feedstreams; and facilities that
comply with Tier I or Adjusted Tier I metals feed rate
screening limits may set their operating limits at the metal
feed rate screening limits determined under subsection
726.206(b) or (e) of this Section;
BOARD NOTE: Federal subsections 266.103(c)(1)(ii)(A)(1)
and (c)(1)(ii)(A)(2) are condensed into subsection
(c)(1)(B)(i).
ii)
Total hazardous waste feed (unless complying with the Tier I
or adjusted Tier I metals feed rate screening limits under
Section 726.206(b) or (e)); and
iii)
Total pumpable hazardous waste feed (unless complying with
Tier I or Adjusted Tier I metals feed rate screening limits
under Section 726.206(b) or (e));
C)
Total feed rate of total chlorine and chloride in total feed streams,
except that facilities that comply with Tier I or Adjusted Tier I feed
rate screening limits may set their operating limits at the total
chlorine and chloride feed rate screening limits determined under
Section 726.207(b)(1) or (e);
D)
Total feed rate of ash in total feed streams, except that the ash feed
rate for cement kilns and light-weight aggregate kilns is not limited;
E)
CO concentration, and where required, HC concentration in stack
gas. When complying with the CO controls of Section 726.204(b),
the CO limit is 100 ppmv, and when complying with the HC controls
of Section 726.204(c), the HC limit is 20 ppmv. When complying
with the CO controls of Section 726.204(c), the CO limit is
established based on the compliance test;
F)
Maximum production rate of the device in appropriate units when
producing normal product unless complying with Tier I or Adjusted
Tier I feed rate screening limits for chlorine under Section
726.207(b)(1) or (e) and for all metals under Section 726.207(b) or
(e), and the uncontrolled particulate emissions do not exceed the
standard under Section 726.205;
G)
Maximum combustion chamber temperature where the temperature
596
measurement is as close to the combustion zone as possible and is
upstream of any quench water injection, (unless complying with the
Tier I adjusted Tier I metals feed rate screening limits under Section
726.206(b) or (e));
H)
Maximum flue gas temperature entering a PM control device (unless
complying with Tier I or adjusted Tier I metals feed rate screening
limits under Section 726.206(b) or (e));
I)
For systems using wet scrubbers, including wet ionizing scrubbers
(unless complying with the Tier I or adjusted Tier I metals feed rate
screening limits under Section 726.206(b) or (e) and the total chlorine
and chloride feed rate screening limits under Section 726.207(b)(1) or
(e)):
i)
Minimum liquid to flue gas ratio;
ii)
Minimum scrubber blowdown from the system or maximum
suspended solids content of scrubber water; and
iii)
Minimum pH level of the scrubber water;
J)
For systems using venturi scrubbers, the minimum differential gas
pressure across the venturi (unless complying the Tier I or adjusted
Tier I metals feed rate screening limits under Section 726.206(b) or
(e) and the total chlorine and chloride feed rate screening limits under
Section 726.207(b)(1) or (e));
K)
For systems using dry scrubbers (unless complying with the Tier I or
adjusted Tier I metals feed rate screening limits under Section
726.206(b) or (e) and the total chlorine and chloride feed rate
screening limits under Section 726.207(b)(1) or (e)):
i)
Minimum caustic feed rate; and
ii)
Maximum flue gas flow rate;
L)
For systems using wet ionizing scrubbers or electrostatic precipitators
(unless complying with the Tier I or adjusted Tier I metals feed rate
screening limits under Section 726.206(b) or (e) and the total chlorine
and chloride feed rate screening limits under Section 726.207(b)(1) or
(e)):
i)
Minimum electrical power in kVA to the precipitator plates;
and
597
ii)
Maximum flue gas flow rate;
M)
For systems using fabric filters (baghouses), the minimum pressure
drop (unless complying with the Tier I or adjusted Tier I metals feed
rate screening limits under Section 726.206(b) or (e) and the total
chlorine and chloride feed rate screening limits under Section
726.207(b)(1) or (e)).
2)
Prior notice of compliance testing. At least 30 days prior to the compliance
testing required by subsection (c)(3) of this Section, the owner or operator
must notify the Agency and submit the following information:
A)
General facility information including:
i)
USEPA facility ID number;
ii)
Facility name, contact person, telephone number, and
address;
iii)
Person responsible for conducting compliance test, including
company name, address, and telephone number, and a
statement of qualifications;
iv)
Planned date of the compliance test;
B)
Specific information on each device to be tested, including the
following:
i)
A Description of BIF;
ii)
A scaled plot plan showing the entire facility and location of
the BIF;
iii)
A description of the APCS;
iv)
Identification of the continuous emission monitors that are
installed, including the following: CO monitor; Oxygen
monitor; HC monitor, specifying the minimum temperature of
the system, and, if the temperature is less than 150° C, an
explanation of why a heated system is not used (see
subsection (c)(5) of this Section) and a brief description of the
sample gas conditioning system;
v)
Indication of whether the stack is shared with another device
that will be in operation during the compliance test; and
598
vi)
Other information useful to an understanding of the system
design or operation; and
C)
Information on the testing planned, including a complete copy of the
test protocol and QA/QC plan, and a summary description for each
test providing the following information at a minimum:
i)
Purpose of the test (e.g., demonstrate compliance with
emissions of PM); and
ii)
Planned operating conditions, including levels for each
pertinent parameter specified in subsection (c)(1) of this
Section.
3)
Compliance testing.
A)
General. Compliance testing must be conducted under conditions for
which the owner or operator has submitted a certification of
precompliance under subsection (b) of this Section and under
conditions established in the notification of compliance testing
required by subsection (c)(2) of this Section. The owner or operator
may seek approval on a case-by-case basis to use compliance test
data from one unit in lieu of testing a similar on-site unit. To support
the request, the owner or operator must provide a comparison of the
hazardous waste burned and other feedstreams, and the design,
operation, and maintenance of both the tested unit and the similar
unit. The Agency must provide a written approval to use compliance
test data in lieu of testing a similar unit if the Agency finds that the
hazardous wastes, devices and the operating conditions are
sufficiently similar, and the data from the other compliance test is
adequate to meet the requirements of this subsection (c).
B)
Special requirements for industrial furnaces that recycle collected
PM. Owners and operators of industrial furnaces that recycle back
into the furnace PM from the APCS must comply with one of the
following procedures for testing to determine compliance with the
metals standards of Section 726.206(c) or (d):
i)
The special testing requirements prescribed in “Alternative
Method for Implementing Metals Controls” in Appendix I to
this Part;
ii)
Stack emissions testing for a minimum of six hours each day
while hazardous waste is burned during interim status. The
testing must be conducted when burning normal hazardous
waste for that day at normal feed rates for that day and when
599
the APCS is operated under normal conditions. During
interim status, hazardous waste analysis for metals content
must be sufficient for the owner or operator to determine if
changes in metals content affect the ability of the unit to meet
the metals emissions standards established under Section
726.206(c) or (d). Under this option, operating limits (under
subsection (c)(1) of this Section) must be established during
compliance testing under this subsection (c)(3) only on the
following parameters: feed rate of total hazardous waste;
total feed rate of total chlorine and chloride in total feed
streams; total feed rate of ash in total feed streams, except that
the ash feed rate for cement kilns and light-weight aggregate
kilns is not limited; CO concentration, and where required,
HC concentration in stack gas; and maximum production rate
of the device in appropriate units when producing normal
product; or
iii)
Conduct compliance testing to determine compliance with the
metals standards to establish limits on the operating
parameters of subsection (c)(1) of this Section only after the
kiln system has been conditioned to enable it to reach
equilibrium with respect to metals fed into the system and
metals emissions. During conditioning, hazardous waste and
raw materials having the same metals content as will be fed
during the compliance test must be fed at the feed rates that
will be fed during the compliance test.
C)
Conduct of compliance testing.
i)
If compliance with all applicable emissions standards of
Sections 726.204 through 726.207 is not demonstrated
simultaneously during a set of test runs, the operating
conditions of additional test runs required to demonstrate
compliance with remaining emissions standards must be as
close as possible to the original operating conditions.
ii)
Prior to obtaining test data for purposes of demonstrating
compliance with the applicable emissions standards of
Sections 726.204 through 726.207 or establishing limits on
operating parameters under this Section, the facility must
operate under compliance test conditions for a sufficient
period to reach steady-state operations. Industrial furnaces
that recycle collected PM back into the furnace and that
comply with subsection (c)(3)(B)(i) or (c)(3)(B)(ii) of this
Section, however, need not reach steady state conditions with
respect to the flow of metals in the system prior to beginning
600
compliance testing for metals.
iii)
Compliance test data on the level of an operating parameter
for which a limit must be established in the certification of
compliance must be obtained during emissions sampling for
the pollutants (i.e., metals, PM, HCl/chlorine gas, organic
compounds) for which the parameter must be established as
specified by subsection (c)(1) of this Section.
4)
Certification of compliance. Within 90 days of completing compliance
testing, the owner or operator must certify to the Agency compliance with the
emissions standards of Sections 726.204(b), (c) and (e); 726.205; 726.206;
726.207; and subsection (a)(5)(A)(iv) of this Section. The certification of
compliance must include the following information:
A)
General facility and testing information, including the following:
i)
USEPA facility ID number;
ii)
Facility name, contact person, telephone number, and
address;
iii)
Person responsible for conducting compliance testing,
including company name, address, and telephone number,
and a statement of qualifications;
iv)
Dates of each compliance test;
v)
Description of BIF tested;
vi)
Person responsible for QA/QC, title and telephone number,
and statement that procedures prescribed in the QA/QC plan
submitted under Section 726.203(c)(2)(C) have been
followed, or a description of any changes and an explanation
of why changes were necessary;
vii)
Description of any changes in the unit configuration prior to
or during testing that would alter any of the information
submitted in the prior notice of compliance testing under
subsection (c)(2) of this Section and an explanation of why
the changes were necessary;
viii)
Description of any changes in the planned test conditions
prior to or during the testing that alter any of the information
submitted in the prior notice of compliance testing under
subsection (c)(2) of this Section and an explanation of why
601
the changes were necessary; and
ix)
The complete report on results of emissions testing.
B)
Specific information on each test, including the following:
i)
Purposes of test (e.g., demonstrate conformance with the
emissions limits for PM, metals, HCl, chlorine gas, and CO);
ii)
Summary of test results for each run and for each test
including the following information: date of run; duration of
run; time-weighted average and highest hourly rolling
average CO level for each run and for the test; highest hourly
rolling average HC level, if HC monitoring is required for
each run and for the test; if dioxin and furan testing is
required under Section 726.204(e), time-weighted average
emissions for each run and for the test of chlorinated dioxin
and furan emissions, and the predicted maximum annual
average ground level concentration of the toxicity
equivalency factor (defined in Section 726.200(i)); time-
weighted average PM emissions for each run and for the test;
time-weighted average HCl and chlorine gas emissions for
each run and for the test; time-weighted average emissions
for the metals subject to regulation under Section 726.206 for
each run and for the test; and QA/QC results.
C)
Comparison of the actual emissions during each test with the
emissions limits prescribed by Sections 726.204(b), (c), and (e);
726.205; 726.206; and 726.207 and established for the facility in the
certification of precompliance under subsection (b) of this Section.
D)
Determination of operating limits based on all valid runs of the
compliance test for each applicable parameter listed in subsection
(c)(1) of this Section using one of the following procedures:
i)
Instantaneous limits. A parameter must be measured and
recorded on an instantaneous basis (i.e., the value that occurs
at any time) and the operating limit specified as the time-
weighted average during all runs of the compliance test.
ii)
Hourly rolling average basis. The limit for a parameter must
be established and continuously monitored on an hourly
rolling average basis, as defined in Section 726.200(i). The
operating limit for the parameter must be established based
on compliance test data as the average over all test runs of the
highest hourly rolling average value for each run.
602
iii)
Rolling average limits for carcinogenic metals (as defined in
Section 726.200(i)) and lead. Feed rate limits for the
carcinogenic metals and lead must be established either on an
hourly rolling average basis as prescribed by subsection
(c)(4)(D)(ii) of this Section or on (up to) a 24 hour rolling
average basis. If the owner or operator elects to use an
averaging period from two to 24 hours the following must
occur: the feed rate of each metal must be limited at any time
to ten times the feed rate that would be allowed on a hourly
rolling average basis; the operating limit for the feed rate of
each metal must be established based on compliance test data
as the average over all test runs of the highest hourly rolling
average feed rate for each run; and the continuous monitor
and the rolling average for the selected averaging period
are as defined in Section 726.200(i).
BOARD NOTE: The Board has combined the text of 40
C.F.R. 266.103(c)(4)(iv)(C)(1) and (c)(4)(iv)(C)(3) are
condensed into subsection (c)(b)(C)(iii) to comport with
Illinois Administrative Code codification requirements.
iv)
Feed rate limits for metals, total chlorine and chloride, and
ash. Feed rate limits for metals, total chlorine and chloride,
and ash are established and monitored by knowing the
concentration of the substance (i.e., metals, chloride/chlorine,
and ash) in each feedstream and the flow rate of the
feedstream. To monitor the feed rate of these substances, the
flow rate of each feedstream must be monitored under the
continuous monitoring requirements of subsections
(c)(4)(D)(i) through (c)(4)(D)(iii) of this Section.
E)
Certification of compliance statement. The following statement must
accompany the certification of compliance:
“I certify under penalty of law that this information was
prepared under my direction or supervision in accordance
with a system designed to ensure that qualified personnel
properly gathered and evaluated the information and
supporting documentation. Copies of all emissions tests,
dispersion modeling results, and other information used to
determine conformance with the requirements of 35 Ill. Adm.
Code 726.203(c) are available at the facility and can be
obtained from the facility contact person listed above. Based
on my inquiry of the person or persons who manage the
facility, or those persons directly responsible for gathering the
603
information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am
aware that there are significant penalties for submitting false
information, including the possibility of fine and
imprisonment for knowing violations.
I also acknowledge that the operating limits established
pursuant to 35 Ill. Adm. Code 726.203(c)(4)(D) are
enforceable limits at which the facility can legally operate
during interim status until a revised certification of
compliance is submitted.”
5)
Special requirements for HC monitoring systems. When an owner or
operator is required to comply with the HC controls provided by Section
726.204(c) or subsection (a)(5)(A)(iv) of this Section, a conditioned gas
monitoring system may be used in conformance with specifications provided
in Appendix I to this Part provided that the owner or operator submits a
certification of compliance without using extensions of time provided by
subsection (c)(7) of this Section.
6)
Special operating requirements for industrial furnaces that recycle collected
PM. Owners and operators of industrial furnaces that recycle back into the
furnace PM from the APCS must do the following:
A)
When complying with the requirements of subsection (c)(3)(B)(i) of
this Section, comply with the operating requirements prescribed in
“Alternative Method to Implement the Metals Controls” in Appendix
I to this Part; and
B)
When complying with the requirements of subsection (c)(3)(B)(ii) of
this Section, comply with the operating requirements prescribed by
that subsection.
7)
Extensions of time.
A)
If the owner or operator does not submit a complete certification of
compliance for all of the applicable emissions standards of Sections
726.204, 726.205, 726.206, and 726.207 by August 21, 1992, the
owner or operator must do the following:
i)
Stop burning hazardous waste and begin closure activities
under subsection (l) of this Section for the hazardous waste
portion of the facility;
ii)
Limit hazardous waste burning only for purposes of
compliance testing (and pretesting to prepare for compliance
604
testing) a total period of 720 hours for the period of time
beginning August 21, 1992, submit a notification to the
Agency by August 21, 1992 stating that the facility is
operating under restricted interim status and intends to
resume burning hazardous waste, and submit a complete
certification of compliance by August 23, 1993; or
iii)
Obtain a case-by-case extension of time under subsection
(c)(7)(B) of this Section.
B)
Case-by-case extensions of time. See Section 726.219.
8)
Revised certification of compliance. The owner or operator may submit at
any time a revised certification of compliance (recertification of compliance)
under the following procedures:
A)
Prior to submittal of a revised certification of compliance, hazardous
waste must not be burned for more than a total of 720 hours under
operating conditions that exceed those established under a current
certification of compliance, and such burning must be conducted only
for purposes of determining whether the facility can operate under
revised conditions and continue to meet the applicable emissions
standards of Sections 726.204, 726.205, 726.206, and 726.207;
B)
At least 30 days prior to first burning hazardous waste under
operating conditions that exceed those established under a current
certification of compliance, the owner or operator must notify the
Agency and submit the following information:
i)
USEPA facility ID number, and facility name, contact person,
telephone number, and address;
ii)
Operating conditions that the owner or operator is seeking to
revise and description of the changes in facility design or
operation that prompted the need to seek to revise the
operating conditions;
iii)
A determination that, when operating under the revised
operating conditions, the applicable emissions standards of
Sections 726.204, 726.205, 726.206, and 726.207 are not
likely to be exceeded. To document this determination, the
owner or operator must submit the applicable information
required under subsection (b)(2) of this Section; and
iv)
Complete emissions testing protocol for any pretesting and
for a new compliance test to determine compliance with the
605
applicable emissions standards of Sections 726.204, 726.205,
726.206, and 726.207 when operating under revised operating
conditions. The protocol must include a schedule of pre-
testing and compliance testing. If the owner or operator
revises the scheduled date for the compliance test, the owner
or operator must notify the Agency in writing at least 30 days
prior to the revised date of the compliance test;
C)
Conduct a compliance test under the revised operating conditions and
the protocol submitted to the Agency to determine compliance with
the applicable emissions standards of Sections 726.204, 726.205,
726.206, and 726.207; and
D)
Submit a revised certification of compliance under subsection (c)(4)
of this Section.
d)
Periodic Recertifications. The owner or operator must conduct compliance testing
and submit to the Agency a recertification of compliance under provisions of
subsection (c) of this Section within three
five years from submitting the previous
certification or recertification. If the owner or operator seeks to recertify compliance
under new operating conditions, the owner or operator must comply with the
requirements of subsection (c)(8) of this Section.
e)
Noncompliance with certification schedule. If the owner or operator does not
comply with the interim status compliance schedule provided by subsections (b), (c),
and (d) of this Section, hazardous waste burning must terminate on the date that the
deadline is missed, closure activities must begin under subsection (l) of this Section,
and hazardous waste burning must not resume except under an operating permit
issued under 35 Ill. Adm. Code 703.232. For purposes of compliance with the
closure provisions of subsection (l) of this Section and 35 Ill. Adm. Code
725.212(d)(2) and 725.213, the BIF has received “the known final volume of
hazardous waste” on the date the deadline is missed.
f)
Start-up and shut-down. Hazardous waste (except waste fed solely as an ingredient
under the Tier I (or adjusted Tier I) feed rate screening limits for metals and
chloride/chlorine) must not be fed into the device during start-up and shut-down of
the BIF, unless the device is operating within the conditions of operation specified in
the certification of compliance.
g)
Automatic waste feed cutoff. During the compliance test required by subsection
(c)(3) of this Section and upon certification of compliance under subsection (c) of
this Section, a BIF must be operated with a functioning system that automatically
cuts off the hazardous waste feed when the applicable operating conditions specified
in subsections (c)(1)(A) and (c)(1)(E) through (c)(1)(M) of this Section deviate from
those established in the certification of compliance. In addition, the following must
occur:
606
1)
To minimize emissions of organic compounds, the minimum combustion
chamber temperature (or the indicator of combustion chamber temperature)
that occurred during the compliance test must be maintained while hazardous
waste or hazardous waste residues remain in the combustion chamber, with
the minimum temperature during the compliance test defined as either of the
following:
A)
If compliance with the combustion chamber temperature limit is
based on a
an hourly rolling average, the minimum temperature
during the compliance test is considered to be the average over all
runs of the lowest hourly rolling average for each run; or
B)
If compliance with the combustion chamber temperature limit is
based on an instantaneous temperature measurement, the minimum
temperature during the compliance test is considered to be the time-
weighted average temperature during all runs of the test; and
2)
Operating parameters limited by the certification of compliance must
continue to be monitored during the cutoff, and the hazardous waste feed
must not be restarted until the levels of those parameters comply with the
limits established in the certification of compliance.
h)
Fugitive emissions. Fugitive emissions must be controlled as follows:
1)
By keeping the combustion zone totally sealed against fugitive emissions; or
2)
By maintaining the combustion zone pressure lower than atmospheric
pressure; or
3)
By an alternative means of control that the owner or operator demonstrates
provides fugitive emissions control equivalent to maintenance of combustion
zone pressure lower than atmospheric pressure. Support for such
demonstration must be included in the operating record.
i)
Changes. A BIF must cease burning hazardous waste when combustion properties,
or feed rates of the hazardous waste, other fuels or industrial furnace feedstocks, or
the BIF design or operating conditions deviate from the limits specified in the
certification of compliance.
j)
Monitoring and Inspections.
1)
The owner or operator must monitor and record the following, at a minimum,
while burning hazardous waste:
A)
Feed rates and composition of hazardous waste, other fuels, and
607
industrial furnace feed stocks and feed rates of ash, metals, and total
chlorine and chloride as necessary to ensure conformance with the
certification of precompliance or certification of compliance;
B)
CO, oxygen, and, if applicable, HC on a continuous basis at a
common point in the BIF downstream of the combustion zone and
prior to release of stack gases to the atmosphere in accordance with
the operating limits specified in the certification of compliance. CO,
HC, and oxygen monitors must be installed, operated, and maintained
in accordance with methods specified in Appendix I to this Part; and
C)
Upon the request of the Agency, sampling and analysis of the
hazardous waste (and other fuels and industrial furnace feed stocks as
appropriate) and the stack gas emissions must be conducted to verify
that the operating conditions established in the certification of
precompliance or certification of compliance achieve the applicable
standards of Sections 726.204, 726.205, 726.206, and 726.207.
2)
The BIF and associated equipment (pumps, valves, pipes, fuel storage tanks,
etc.) must be subjected to thorough visual inspection when they contain
hazardous waste, at least daily for leaks, spills, fugitive emissions, and signs
of tampering.
3)
The automatic hazardous waste feed cutoff system and associated alarms
must be tested at least once every seven days when hazardous waste is
burned to verify operability, unless the owner or operator can demonstrate
that weekly inspections will unduly restrict or upset operations and that less
frequent inspections will be adequate. Support for such demonstration must
be included in the operating record. At a minimum, operational testing must
be conducted at least once every 30 days.
4)
These monitoring and inspection data must be recorded and the records must
be placed in the operating log.
k)
Recordkeeping. The owner or operator must keep in the operating record of the
facility all information and data required by this Section until closure of the BIF unit
for five years
.
l)
Closure. At closure, the owner or operator must remove all hazardous waste and
hazardous waste residues (including, but not limited to, ash, scrubber waters and
scrubber sludges) from the BIF and must comply with 35 Ill. Adm. Code 725.211
through 725.215.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
608
Section 726.205
Standards to Control PM
a)
A BIF burning hazardous waste must not emit PM in excess of 180 mg/dry standard
m
3
(0.08 grains/dry standard cubic foot) after correction to a stack gas concentration
of seven percent oxygen, using procedures prescribed in the following methods in
appendix A to 40 CFR 60 (Test Methods), each incorporated by reference in 35 Ill.
Adm. Code 720.111(b) (see Appendix I of this Part): Method 1 (Sample and
Velocity Traverses for Stationary Sources), Method 2 (Determination of Volatile
Organic Compound Leaks), Method 2A (Direct Measurement of Gas Volume
through Pipes and Small Ducts), Method 2B (Determination of Exhaust Gas
Volume Flow Rate from Gasoline Vapor Incinerators), Method 2C (Determination
of Gas Velocity and Volumetric Flow Rate in Small Stacks or Ducts (Standard
Pitot Tube)), Method 2D (Measurement of Gas Volume Flow Rates in Small Pipes
and Ducts), Method 2E (Determination of Landfill Gas Production Flow Rate),
Method 2F (Determination of Stack Gas Velocity and Volumetric Flow Rate with
Three-Dimensional Probes), Method 2G (Determination of Stack Gas Velocity
and Volumetric Flow Rate with Two-Dimensional Probes), Method 2H
(Determination of Stack Gas Velocity Taking into Account Velocity Decay Near
the Stack Wall), Method 3 (Gas Analysis for the Determination of Dry Molecular
Weight), Method 3A (Determination of Oxygen and Carbon Dioxide
Concentrations in Emissions from Stationary Sources (Instrumental Analyzer
Procedure)), Method 3B (Gas Analysis for the Determination of Emission Rate
Correction Factor or Excess Air), Method 3C (Determination of Carbon Dioxide,
Methane, Nitrogen, and Oxygen from Stationary Sources), Method 4
(Determination of Moisture Content in Stack Gases), Method 5 (Determination of
Particulate Matter Emissions from Stationary Sources), Method 5A
(Determination of Particulate Matter Emissions from the Asphalt Processing and
Asphalt Roofing Industry), Method 5B (Determination of Nonsulfuric Acid
Particulate Matter Emissions from Stationary Sources), Method 5D
(Determination of Particulate Matter Emissions from Positive Pressure Fabric
Filters), Method 5E (Determination of Particulate Matter Emissions from the
Wool Fiberglass Insulation Manufacturing Industry), Method 5F (Determination
of Nonsulfate Particulate Matter Emissions from Stationary Sources), Method 5G
(Determination of Particulate Matter Emissions from Wood Heaters (Dilution
Tunnel Sampling Location)), Method 5H (Determination of Particulate Emissions
from Wood Heaters from a Stack Location), and Method 5I (Determination of
Low Level Particulate Matter Emissions from Stationary Sources).
b)
An owner or operator meeting the requirements of Section 726.209(b) for the low
risk waste exemption is exempt from the PM standard.
c)
Oxygen correction.
1)
Measured pollutant levels must be corrected for the amount of oxygen in
the stack gas according to the following formula:
609
P
c
=
P
m
×14
(
E-Y
)
E-Y
P
P
m
14
c
×
=
Where:
P
c
=
the corrected concentration of the pollutant in the stack gas
P
m
= the measured concentration of the pollutant in the stack gas
E =
the oxygen concentration on a dry basis in the combustion
air fed to the device
Y =
the measured oxygen concentration on a dry basis in the
stack.
2)
For devices that feed normal combustion air, E will equal 21 percent. For
devices that feed oxygen-enriched air for combustion (that is, air with an
oxygen concentration exceeding 21 percent), the value of E will be the
concentration of oxygen in the enriched air.
3)
Compliance with all emission standards provided by this Subpart H must
be based on correcting to seven percent oxygen using this procedure.
d)
For the purposes of permit enforcement, compliance with the operating requirements
specified in the permit (under Section 726.202) will be regarded as compliance with
this Section. However, evidence that compliance with those permit conditions is
insufficient to ensure compliance with the requirements of this Section is
“information” justifying modification or revocation and re-issuance of a permit under
35 Ill. Adm. Code 703.270 through 703.273.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 726.206
Standards to Control Metals Emissions
a)
General. The owner or operator must comply with the metals standards provided
by subsections (b), (c), (d), (e), or (f) of this Section for each metal listed in
subsection (b) of this Section that is present in the hazardous waste at detectable
levels using appropriate analytical methods.
BOARD NOTE: The federal regulations do not themselves define the phrase
“appropriate analytical methods,” but USEPA did include a definition in its
preamble discussion accompanying the rule. The Board directs attention to the
following segment (at 70 Fed. Reg. 34538, 34541 (June 14, 2005)) for the
610
purposes of subsections (b)(1)(C) and (b)(1)(D) of this Section:
[T]wo primary considerations in selecting an appropriate method, which
together serve as our general definition of an appropriate method [are the
following] . . . :
1. Appropriate methods are reliable and accepted as such in the scientific
community.
2. Appropriate methods generate effective data.
USEPA went on to further elaborate these two concepts and to specify other
documents that might provide guidance.
b)
Tier I feed rate screening limits. Feed rate screening limits for metals are
specified in Appendix A to this Part as a function of terrain-adjusted effective
stack height (TESH) and terrain and land use in the vicinity of the facility.
Criteria for facilities that are not eligible to comply with the screening limits are
provided in subsection (b)(7) of this Section.
1)
Noncarcinogenic metals. The feed rates of the noncarcinogenic metals in
all feed streams, including hazardous waste, fuels, and industrial furnace
feed stocks must not exceed the screening limits specified in Appendix A
to this Part.
A)
The feed rate screening limits for antimony, barium, mercury,
thallium, and silver are based on either of the following:
i)
An hourly rolling average, as defined in Sections
726.200(g) and 726.202(e)(6)(A)(ii); or
ii)
An instantaneous limit not to be exceeded at any time.
B)
The feed rate screening limit for lead is based on one of the
following:
i)
An hourly rolling average, as defined in Sections
726.200(g) and 726.202(e)(6)(A)(ii);
ii)
An averaging period of 2 to 24 hours, as defined in Section
726.202(e)(6)(B) with an instantaneous feed rate limit not
to exceed 10 times the feed rate that would be allowed on
an hourly rolling average basis; or
iii)
An instantaneous limit not to be exceeded at any time.
611
2)
Carcinogenic metals.
A)
The feed rates of carcinogenic metals in all feed streams, including
hazardous waste, fuels, and industrial furnace feed stocks must not
exceed values derived from the screening limits specified in
Appendix A to this Part. The feed rate of each of these metals is
limited to a level such that the sum of the ratios of the actual feed
rate to the feed rate screening limit specified in Appendix A to this
Part must not exceed 1.0, as provided by the following equation:
i=1
n
i
i
A
F
∑
≤
1.0
Where:
Σ
A
i
/F
i
= the sum of the values of A/F for each
metal “i,” from i = 1 to n
n =
number of carcinogenic metals
A
i
=
the actual feed rate to the device for metal
“i”
F
i
=
the feed rate screening limit provided by
Appendix A to this Part for metal “i.”
B)
The feed rate screening limits for the carcinogenic metals are
based on either:
i)
An hourly rolling average; or
ii)
An averaging period of two to 24 hours, as defined in
Section 726.202(e)(6)(B), with an instantaneous feed rate
limit not to exceed 10 times the feed rate that would be
allowed on an hourly rolling average basis.
3)
TESH (terrain adjusted effective stack height).
A)
The TESH is determined according to the following equation:
TESH = H + P - T
Where:
H =
Actual physical stack height (m).
612
P =
Plume rise (in m) as determined from
Appendix F to this Part as a function of
stack flow rate and stack gas exhaust
temperature.
T =
Terrain rise (in m) within five kilometers of
the stack.
B)
The stack height (H) must not exceed good engineering practice
stack height, as defined in Section 726.200(i).
C)
If the TESH calculated pursuant to subsection (b)(3)(A) of this
Section is not listed in Appendix A through Appendix C to this
Part, the values for the nearest lower TESH listed in the table must
be used. If the TESH is four meters or less, a value based on four
meters must be used.
4)
Terrain type. The screening limits are a function of whether the facility is
located in noncomplex or complex terrain. A device located where any
part of the surrounding terrain within five kilometers of the stack equals or
exceeds the elevation of the physical stack height (H) is considered to be
in complex terrain and the screening limits for complex terrain apply.
Terrain measurements are to be made from U.S. Geological Survey 7.5-
minute topographic maps of the area surrounding the facility.
5)
Land use. The screening limits are a function of whether the facility is
located in an area where the land use is urban or rural. To determine
whether land use in the vicinity of the facility is urban or rural, procedures
provided in Appendix I or Appendix J to this Part must be used.
6)
Multiple stacks. An owner or operator of a facility with more than one on-
site stack from a BIF, incinerator, or other thermal treatment unit subject
to controls of metals emissions under a RCRA permit or interim status
controls must comply with the screening limits for all such units assuming
all hazardous waste is fed into the device with the worst-case stack based
on dispersion characteristics. The stack with the lowest value of K is the
worst-case stack. K is determined from the following equation as applied
to each stack:
K = H
×
V
×
T
Where:
K =
a parameter accounting for relative influence of
stack height and plume rise
613
H =
physical stack height (meters)
V =
stack gas flow rate (m
3
/sec (cubic meters per
second)
T =
exhaust temperature (degrees K).
7)
Criteria for facilities not eligible for screening limits. If any criteria below
are met, the Tier I (and Tier II) screening limits do not apply. Owners and
operators of such facilities must comply with either the Tier III standards
provided by subsection (d) of this Section or with the adjusted Tier I feed
rate screening limits provided by subsection (e) of this Section.
A)
The device is located in a narrow valley less than one kilometer
wide;
B)
The device has a stack taller than 20 meters and is located such
that the terrain rises to the physical height within one kilometer of
the facility;
C)
The device has a stack taller than 20 meters and is located within
five kilometers of a shoreline of a large body of water such as an
ocean or large lake; or
D)
The physical stack height of any stack is less than 2.5 times the
height of any building within five building heights or five
projected building widths of the stack and the distance from the
stack to the closest boundary is within five building heights or five
projected building widths of the associated building.
8)
Implementation. The feed rate of metals in each feedstream must be
monitored to ensure that the feed rate screening limits are not exceeded.
c)
Tier II emission rate screening limits. Emission rate screening limits are specified
in Appendix A to this Part as a function of TESH and terrain and land use in the
vicinity of the facility. Criteria for facilities that are not eligible to comply with
the screening limits are provided in subsection (b)(7) of this Section.
1)
Noncarcinogenic metals. The emission rates of noncarcinogenic metals
must not exceed the screening limits specified in Appendix A to this Part.
2)
Carcinogenic metals. The emission rates of carcinogenic metals must not
exceed values derived from the screening limits specified in Appendix A
to this Part. The emission rate of each of these metals is limited to a level
such that the sum of the ratios of the actual emission rate to the emission
614
rate screening limit specified in Appendix A to this Part must not exceed
1.0, as provided by the following equation:
1.0
E
A
i
i
n
i=1
∑
≤
Where:
Σ
A
i
/E
i
= the sum of the values of A/E for each metal “i,”
from i = 1 to n
n =
number of carcinogenic metals
A
i
=
the actual emission rate to the device for metal “i”
E
i
=
the emission rate screening limit provided by
Appendix A to this Part for metal “i.”
3)
Implementation. The emission rate limits must be implemented by
limiting feed rates of the individual metals to levels during the trial burn
(for new facilities or an interim status facility applying for a permit) or the
compliance test (for interim status facilities). The feed rate averaging
periods are the same as provided by subsections (b)(1)(A), (b)(1)(B), and
(b)(2)(B) of this Section. The feed rate of metals in each feedstream must
be monitored to ensure that the feed rate limits for the feedstreams
specified under Sections 726.202 or 726.203 are not exceeded.
4)
Definitions and limitations. The definitions and limitations provided by
subsection (b) of this Section and 726.200(g) for the following terms also
apply to the Tier II emission rate screening limits provided by this
subsection (c): TESH, good engineering practice stack height, terrain
type, land use, and criteria for facilities not eligible to use the screening
limits.
5)
Multiple stacks.
A)
An owner or operator of a facility with more than one on-site stack
from a BIF, incinerator, or other thermal treatment unit subject to
controls on metals emissions under a RCRA permit or interim
status controls must comply with the emissions screening limits for
any such stacks assuming all hazardous waste is fed into the device
with the worst-case stack based on dispersion characteristics.
B)
The worst-case stack is determined by procedures provided in
subsection (b)(6) of this Section.
615
C)
For each metal, the total emissions of the metal from those stacks
must not exceed the screening limit for the worst-case stack.
d)
Tier III site-specific risk assessment. The requirements of this subsection (d)
apply to facilities complying with either the Tier III or Adjusted Tier I except
where specified otherwise.
1)
General. Conformance with the Tier III metals controls must be
demonstrated by emissions testing to determine the emission rate for each
metal. In addition, conformance with either Tier III or Adjusted Tier I
metals controls must be demonstrated by air dispersion modeling to
predict the maximum annual average off-site ground level concentration
for each metal and a demonstration that acceptable ambient levels are not
exceeded.
2)
Acceptable ambient levels. Appendix D and Appendix E to this Part list
the acceptable ambient levels for purposes of this Subpart H. Reference
air concentrations (RACs) are listed for the noncarcinogenic metals and
1×10
-5
RSDs are listed for the carcinogenic metals. The RSD for a metal
is the acceptable ambient level for that metal provided that only one of the
four carcinogenic metals is emitted. If more than one carcinogenic metal
is emitted, the acceptable ambient level for the carcinogenic metals is a
fraction of the RSD, as described in subsection (d)(3) of this Section.
3)
Carcinogenic metals. For the carcinogenic metals the sum of the ratios of
the predicted maximum annual average off-site ground level
concentrations (except that on-site concentrations must be considered if a
person resides on site) to the RSD for all carcinogenic metals emitted must
not exceed 1.0 as determined by the following equation:
i=1
n
i
i
P
R
∑
≤
1.0
Where:
Σ
P
i
/R
i
= the sum of the values of P/R for each metal “i,” from
i = 1 to n
n =
number of carcinogenic metals
P
i
=
the predicted ambient concentration for metal i
R
i
=
the RSD for metal i.
616
4)
Noncarcinogenic metals. For the noncarcinogenic metals, the predicted
maximum annual average off-site ground level concentration for each
metal must not exceed the RAC.
5)
Multiple stacks. Owners and operators of facilities with more than one
on-site stack from a BIF, incinerator, or other thermal treatment unit
subject to controls on metals emissions under a RCRA permit or interim
status controls must conduct emissions testing (except that facilities
complying with Adjusted Tier I controls need not conduct emissions
testing) and dispersion modeling to demonstrate that the aggregate
emissions from all such on-site stacks do not result in an exceedence
exceedance of the acceptable ambient levels.
6)
Implementation. Under Tier III, the metals controls must be implemented
by limiting feed rates of the individual metals to levels during the trial
burn (for new facilities or an interim status facility applying for a permit)
or the compliance test (for interim status facilities). The feed rate
averaging periods are the same as provided by subsections (b)(1)(A),
(b)(1)(B), and (b)(2)(B) of this Section. The feed rate of metals in each
feedstream must be monitored to ensure that the feed rate limits for the
feedstreams specified under Sections 726.202 or 726.203 are not
exceeded.
e)
Adjusted Tier I feed rate screening limits. The owner or operator may adjust the
feed rate screening limits provided by Appendix A to this Part to account for site-
specific dispersion modeling. Under this approach, the adjusted feed rate
screening limit for a metal is determined by back-calculating from the acceptable
ambient levels provided by Appendix D and Appendix E to this Part using
dispersion modeling to determine the maximum allowable emission rate. This
emission rate becomes the adjusted Tier I feed rate screening limit. The feed rate
screening limits for carcinogenic metals are implemented as prescribed in
subsection (b)(2) of this Section.
f)
Alternative implementation approaches.
1)
Pursuant to subsection (f)(2) of this Section the Agency must approve on a
case-by-case basis approaches to implement the Tier II or Tier III metals
emission limits provided by subsection (c) or (d) of this Section alternative
to monitoring the feed rate of metals in each feedstream.
2)
The emission limits provided by subsection (d) of this Section must be
determined as follows:
A)
For each noncarcinogenic metal, by back-calculating from the
RAC provided in Appendix D to this Part to determine the
allowable emission rate for each metal using the dilution factor for
617
the maximum annual average ground level concentration predicted
by dispersion modeling in conformance with subsection (h) of this
Section; and
B)
For each carcinogenic metal by the following methods:
i)
By back-calculating from the RSD provided in Appendix E
to this Part to determine the allowable emission rate for
each metal if that metal were the only carcinogenic metal
emitted using the dilution factor for the maximum annual
average ground level concentration predicted by dispersion
modeling in conformance with subsection (h) of this
Section; and
ii)
If more than one carcinogenic metal is emitted, by selecting
an emission limit for each carcinogenic metal not to exceed
the emission rate determined by subsection (f)(2)(B)(i) of
this Section, such that the sum for all carcinogenic metals
of the ratios of the selected emission limit to the emission
rate determined by that subsection does not exceed 1.0.
g)
Emission testing.
1)
General. Emission testing for metals must be conducted using Method
0060 (Determinations of Metals in Stack Emissions) in “Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,” USEPA
publication number EPA-530/SW-846, incorporated by reference in 35 Ill.
Adm. Code 720.111(a).
2)
Hexavalent chromium. Emissions of chromium are assumed to be
hexavalent chromium unless the owner or operator conducts emissions
testing to determine hexavalent chromium emissions using procedures
prescribed in Method 0061 (Determination of Hexavalent Chromium
Emissions from Stationary Sources) in “Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods,” USEPA publication number EPA-
530/SW-846, incorporated by reference in 35 Ill. Adm. Code 720.111(a).
h)
Dispersion modeling. Dispersion modeling required under this Section must be
conducted according to methods recommended in federal appendix W to 40 CFR
51 (Guideline on Air Quality Models), in section 5.0 (Hazardous Waste
Combustion Air Quality Screening Procedure) in appendix IX to 40 CFR 266
(Methods Manual for Compliance with the BIF Regulations), or in “Screening
Procedures for Estimating the Air Quality Impact of Stationary Sources,
Revised,” USEPA publication number EPA-454/R-92-019, each incorporated by
reference in 35 Ill. Adm. Code 720.111(b), to predict the maximum annual
average off-site ground level concentration. However, on-site concentrations
618
must be considered when a person resides on-site.
i)
Enforcement. For the purposes of permit enforcement, compliance with the
operating requirements specified in the permit (under Section 726.202) will be
regarded as compliance with this Section. However, evidence that compliance
with those permit conditions is insufficient to ensure compliance with the
requirements of this Section is “information” justifying modification or
revocation and re-issuance of a permit under 35 Ill. Adm. Code 703.270 through
703.273.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 726.207
Standards to Control HCl and Chlorine Gas Emissions
a)
General. The owner or operator must comply with the HCl and chlorine gas controls
provided by subsection (b), (c), or (e) of this Section.
b)
Screening limits.
1)
Tier I feed rate screening limits. Feed rate screening limits are specified for
total chlorine in Appendix B to this Part as a function of TESH and terrain
and land use in the vicinity of the facility. The feed rate of total chlorine and
chloride, both organic and inorganic, in all feed streams, including hazardous
waste, fuels, and industrial furnace feed stocks must not exceed the levels
specified.
2)
Tier II emission rate screening limits. Emission rate screening limits for HCl
and chlorine gas are specified in Appendix C to this Part as a function of
TESH and terrain and land use in the vicinity of the facility. The stack
emission rates of HCl and chlorine gas must not exceed the levels specified.
3)
Definitions and limitations. The definitions and limitations provided by
Sections 726.200(i) and 726.206(b) for the following terms also apply to the
screening limits provided by this subsection: TESH, good engineering
practice stack height, terrain type, land use, and criteria for facilities not
eligible to use the screening limits.
4)
Multiple stacks. Owners and operators of facilities with more than one on-
site stack from a BIF, incinerator or other thermal treatment unit subject to
controls on HCl or chlorine gas emissions under a RCRA permit or interim
status controls must comply with the Tier I and Tier II screening limits for
those stacks assuming all hazardous waste is fed into the device with the
worst-case stack based on dispersion characteristics.
A)
The worst-case stack is determined by procedures provided in
Section 726.206(b)(6).
619
B)
Under Tier I, the total feed rate of chlorine and chloride to all subject
devices must not exceed the screening limit for the worst-case stack.
C)
Under Tier II, the total emissions of HCl and chlorine gas from all
subject stacks must not exceed the screening limit for the worst-case
stack.
c)
Tier III site-specific risk assessments.
1)
General. Conformance with the Tier III controls must be demonstrated by
emissions testing to determine the emission rate for HCl and chlorine gas, air
dispersion modeling to predict the maximum annual average off-site ground
level concentration for each compound, and a demonstration that acceptable
ambient levels are not exceeded.
2)
Acceptable ambient levels. Appendix D to this Part lists the RACs for HCl
(7
μg/m
3
) and chlorine gas (0.4
μg/m
3
).
3)
Multiple stacks. Owners and operators of facilities with more than one on-
site stack from a BIF, incinerator, or other thermal treatment unit subject to
controls on HCl or chlorine gas emissions under a RCRA permit or interim
status controls must conduct emissions testing and dispersion modeling to
demonstrate that the aggregate emissions from all such on-site stacks do not
result in an exceedence
exceedance of the acceptable ambient levels for HCl
and chlorine gas.
d)
Averaging periods. The HCl and chlorine gas controls are implemented by limiting
the feed rate of total chlorine and chloride in all feedstreams, including hazardous
waste, fuels, and industrial furnace feed stocks. Under Tier I, the feed rate of total
chlorine and chloride is limited to the Tier I Screening Limits. Under Tier II and
Tier III, the feed rate of total chlorine and chloride is limited to the feed rates during
the trial burn (for new facilities or an interim status facility applying for a permit) or
the compliance test (for interim status facilities). The feed rate limits are based on
either of the following:
1)
An hourly rolling average, as defined in Sections 726.200(i) and
726.202(e)(6); or
2)
An instantaneous basis not to be exceeded at any time.
e)
Adjusted Tier I feed rate screening limits. The owner or operator may adjust the feed
rate screening limit provided by Appendix B to this Part to account for site-specific
dispersion modeling. Under this approach, the adjusted feed rate screening limit is
determined by back-calculating from the acceptable ambient level for chlorine gas
provided by Appendix D to this Part using dispersion modeling to determine the
620
maximum allowable emission rate. This emission rate becomes the adjusted Tier I
feed rate screening limit.
f)
Emissions testing. Emissions testing for HCl and chlorine gas (Cl
2
) must be
conducted using the procedures described in Method 0050 or 0051, in “Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods,” USEPA
publication number EPA-530/SW-846, incorporated by reference in 35 Ill. Adm.
Code 720.111(a).
g)
Dispersion modeling. Dispersion modeling must be conducted according to the
provisions of Section 726.206(h).
h)
Enforcement. For the purposes of permit enforcement, compliance with the
operating requirements specified in the permit (under Section 726.202) will be
regarded as compliance with this Section. However, evidence that compliance with
those permit conditions is insufficient to ensure compliance with the requirements of
this Section is “information” justifying modification or revocation and re-issuance of
a permit under 35 Ill. Adm. Code 703.270 through 703.273.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 726.209
Low Risk Waste Exemption
a)
Waiver of DRE standard. The DRE standard of Section 726.204(a) does not apply if
the BIF is operated in conformance with subsection (a)(1) of this Section, and the
owner or operator demonstrates by procedures prescribed in subsection (a)(2) of this
Section, that the burning will not result in unacceptable adverse health effects.
1)
The device must be operated as follows:
A)
A minimum of 50 percent of fuel fired to the device must be fossil
fuel, fuels derived from fossil fuel, tall oil, or, if approved by the
Agency on a case-by-case basis, other nonhazardous fuel with
combustion characteristics comparable to fossil fuel. Such fuels are
termed “primary fuel” for purposes of this Section. (Tall oil is a fuel
derived from vegetable and rosin fatty acids.) The 50 percent
primary fuel firing rate must be determined on a total heat or mass
input basis, whichever results in the greater mass feed rate of primary
fuel fired;
B)
Primary fuels and hazardous waste fuels must have a minimum as-
fired heating value of 8,000 Btu/lb;
C)
The hazardous waste is fired directly into the primary fuel flame zone
of the combustion chamber; and
621
D)
The device operates in conformance with the CO controls provided
by Section 726.204(b)(1). Devices subject to the exemption provided
by this Section are not eligible for the alternative CO controls
provided by Section 726.204(c).
2)
Procedures to demonstrate that the hazardous waste burning will not pose
unacceptable adverse public health effects are as follows:
A)
Identify and quantify those nonmetal compounds listed in Appendix
H to 35 Ill. Adm. Code 721, that could reasonably be expected to be
present in the hazardous waste. The constituents excluded from
analysis must be identified and the basis for their exclusion
explained;
B)
Calculate reasonable, worst case emission rates for each constituent
identified in subsection (a)(2)(A) of this Section, by assuming the
device achieves 99.9 percent destruction and removal efficiency.
That is, assume that 0.1 percent of the mass weight of each
constituent fed to the device is emitted.
C)
For each constituent identified in subsection (a)(2)(A) of this Section,
use emissions dispersion modeling to predict the maximum annual
average ground level concentration of the constituent.
i)
Dispersion modeling must be conducted using methods
specified in Section 726.206(h).
ii)
An owner or operator of a facility with more than one on-site
stack from a BIF that is exempt under this Section must
conduct dispersion modeling of emissions from all stacks
exempt under this Section to predict ambient levels
prescribed by this subsection (a)(2).
D)
Ground level concentrations of constituents predicted under
subsection (a)(2)(C) of this Section, must not exceed the following
levels:
i)
For the noncarcinogenic compounds listed in Appendix D,
the levels established in Appendix D;
ii)
For the carcinogenic compounds listed in Appendix E:
1.0
L
n
A
i1
i
∑
=
i
≤
622
Where:
Σ
(A
i
/L
i
) means the sum of the values of X for each
carcinogen i, from i = 1 to n.
n means the number of carcinogenic compounds;
A
i
=
Actual ground level concentration of
carcinogen “i.”
L
i
=
Level established in Appendix E for
carcinogen “i”; and
iii)
For constituents not listed in Appendix D or E, 0.1
μg/m
3
.
b)
Waiver of particular
particulate matter standard. The PM standard of Section
726.205 does not apply if the following occur:
1)
The DRE standard is waived under subsection (a) of this Section; and
2)
The owner or operator complies with the Tier I, or adjusted Tier I, metals
feed rate screening limits provided by Section 726.206(b) or (e).
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 726.Appendix C
Tier II Emission Rate Screening Limits for Free Chlorine and
Hydrogen Chloride
Noncomplex Terrain
Urban areas
Noncomplex Terrain
Rural areas
Complex Terrain
Urban and rural areas
TESH (m)
Chlorine
Gas (g/hr)
HCl (g/hr)
Chlorine
Gas (g/hr)
HCl (g/hr)
Chlorine
gas (g/hr)
HCl (g/hr)
4
82.
1400.
42.
730.
19.
330.
6
91.
1600.
48.
830.
28.
490.
8
100.
1800.
53.
920.
41.
710.
10
120.
2000.
62.
1100.
58.
1000.
12
130.
2300.
77.
1300.
72.
1300.
14
150.
2600.
91.
1600.
91.
1600.
16
170.
2900.
120.
2000.
110.
1800.
18
190.
3300.
140.
2500.
120.
2000.
20
210.
3700.
180.
3100.
130.
2300.
22
240.
4200.
230.
3900.
140.
2400.
24
270.
4800.
290.
5000.
160.
2800.
26
310.
5400.
370.
6500.
170.
3000.
28
350.
6000.
470.
8100.
190.
3400.
623
30
390.
6900.
580.
10000.
210.
3700.
35
530.
9200.
960.
17000.
260.
4600.
40
620.
11000.
1400.
25000.
330.
5700.
45
820.
14000.
2000.
35000.
400.
7000.
50
1100.
18000.
2600.
46000.
480.
8400.
55
1300.
23000.
3500.
61000.
620.
11000.
60
1600.
29000.
4600.
81000.
770.
13000.
65
2000.
34000.
6200.
110000.
910.
16000.
70
2300.
39000.
7200.
130000.
1100.
18000.
75
2500.
45000.
8600.
150000.
1200.
20000.
80
2900.
50000.
10000.
180000.
1300.
23000.
85
3300.
58000.
12000.
220000.
1400.
25000.
90
3700.
66000.
14000.
250000.
1600.
29000.
95
4200.
74000.
17000.
300000.
1800.
32000.
100
4800.
84000.
21000.
360000.
2000.
35000.
105
5300.
92000.
24000.
430000.
2300.
39000.
110
6200.
110000.
29000.
510000.
2500.
45000.
115
7200.
130000.
35000.
610000.
2800.
50000.
120
8200.
140000.
41000.
720000.
3200.
56000.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 726.Appendix D
Reference Air Concentrations
BOARD NOTE: The RAC for other Appendix H to 35 Ill. Adm. Code 721 constituents not listed
below or in Appendix E is 0.1 ug/m
3
.
Constituent
CAS No.
RAC (ug/m
3
)
Acetaldehyde
75-07-0
10
Acetonitrile
75-05-8
10
Acetophenone
98-86-2
100
Acrolein
107-02-8
20
Aldicarb
116-06-3
1
Aluminum Phosphide
20859-73-8
0.3
Allyl Alcohol
107-18-6
5
Antimony
7440-36-0
0.3
Barium
7440-39-3
50
Barium Cyanide
542-62-1
50
Bromomethane
74-83-9
0.8
Calcium Cyanide
592-01-8
30
Carbon Disulfide
75-15-0
200
Chloral
75-87-6
2
Chlorine (free)
0.4
2-Chloro-1,3-butadiene
126-99-8
3
Chromium III
16065-83-1
1000
624
Copper Cyanide
544-92-3
5
Cresols
1319-77-3
50
Cumene
98-82-8
1
Cyanide (free)
57-12-15
20
Cyanogen
460-19-5
30
Cyanogen Bromide
506-68-3
80
Di-n-butyl Phthalate
84-74-2
100
o-Dichlorobenzene
95-50-1
10
p-Dichlorobenzene
106-46-7
10
Dichlorodifluoromethane
75-71-8
200
2,4-Dichlorophenol
120-83-2
3
Diethyl Phthalate
84-66-2
800
Dimethoate
60-51-5
0.8
2,4-Dinitrophenol
51-28-5
2
Dinoseb
88-85-7
0.9
Diphenylamine
122-39-4
20
Endosulfan
115-29-1
0.05
Endrin
72-20-8
0.3
Fluorine
7782-41-4
50
Formic Acid
64-18-6
2000
Glycidylaldehyde
765-34-4
0.3
Hexachlorocyclopentadiene
77-47-4
5
Hexachlorophene
70-30-4
0.3
Hydrocyanic Acid
74-90-8
20
Hydrogen Chloride
7647-01-1
7
Hydrogen Sulfide
7783-06-4
3
Isobutyl Alcohol
78-83-1
300
Lead
7439-92-1
0.09
Maleic Anhydride
108-31-6
100
Mercury
7439-97-6
0.3
Methacrylonitrile
126-98-7
0.1
Methomyl
16752-77-5
20
Methoxychlor
72-43-5
50
Methyl Chlorocarbonate
79-22-1
1000
Methyl Ethyl Ketone
78-93-3
80
Methyl Parathion
298-00-0
0.3
Nickel Cyanide
557-19-7
20
Nitric Oxide
10102-43-9
100
Nitrobenzene
98-95-3
0.8
Pentachlorobenzene
608-93-5
0.8
Pentachlorophenol
87-86-5
30
Phenol
108-95-2
30
M-Phenylenediamine
108-45-2
5
Phenylmercuric Acetate
62-38-4
0.075
Phosphine
7803-51-2
0.3
Phthalic Anhydride
85-44-9
2000
625
Potassium Cyanide
151-50-8
50
Potassium Silver Cyanide
506-61-6
200
Pyridine
110-86-1
1
Selenious Acid
7783-60-8
3
Selenourea
630-10-4
5
Silver
7440-22-4
3
Silver Cyanide
506-64-9
100
Sodium Cyanide
143-33-9
30
Strychnine
57-24-9
0.3
1,2,4,5-Tetrachlorobenzene
95-94-3
0.3
2,3,4,6-Tetrachlorophenol
58-90-2
30
Tetraethyl Lead
78-00-2
0.0001
Tetrahydrofuran
109-99-9
10
Thallic Oxide
1314-32-5
0.3
Thallium
7440-28-0
0.5
Thallium (I) Acetate
563-68-8
0.5
Thallium (I) Carbonate
6533-73-9
0.3
Thallium (I) Chloride
7791-12-0
0.3
Thallium (I) Nitrate
10102-45-1
0.5
Thallium Selenite
12039-52-0
0.5
Thallium (I) Sulfate
7446-18-6
0.075
Thiram
137-26-8
5
Toluene
108-88-3
300
1,2,4-Trichlorobenzene
120-82-1
20
Trichloromonofluoromethane
75-69-4
300
2.4.5-Trichlorophenol
2,4,5-Trichlorophenol
95-95-4
100
Vanadium Pentoxide
1314-62-1
20
Warfarin
81-81-2
0.3
Xylenes
1330-20-7
80
Zinc Cyanide
557-21-1
50
Zinc Phosphide
1314-84-7
0.3
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 726.Appendix E
Risk-Specific Doses
BOARD NOTE: These are risk specific doses (RSDs) based on a risk of 1 in 10,000 (1´10
-5
)
(1×10
-5
).
Constituent
CAS No.
Unit risk (m
3
/mg)
RSD (mg/m
3
)
Acrylamide
79-06-1
0.0013
0.0077
Acrylonitrile
107-13-1
0.000068
0.15
Aldrin
309-00-2
0.0049
0.0020
Aniline
62-53-3
0.0000074
1.4
626
Arsenic
7440-38-2
0.0043
0.0023
Benz(a)anthracene
56-55-3
0.00089
0.011
Benzene
71-43-2
0.0000083
1.2
Benzidine
92-87-5
0.067
0.00015
Benzo(a)pyrene
50-32-8
0.0033
0.0030
Beryllium
7440-41-7
0.0024
0.0042
Bis(2-chloroethyl)ether 111-44-4
0.00033
0.030
Bis(chloromethyl)ether 542-88-1
0.062
0.00016
Bis(2-ethylhexyl)-
phthalate
117-81-7
0.00000024
42.
1,3-Butadiene
106-99-0
0.00028
0.036
Cadmium
7440-43-9
0.0018
0.0056
Carbon Tetrachloride
56-23-5
0.000015
0.67
Chlordane
57-74-9
0.00037
0.027
Chloroform
67-66-3
0.000023
0.43
Chloromethane
74-87-3
0.0000036
2.8
Chromium VI
7440-47-3
0.012
0.00083
DDT
50-29-3
0.000097
0.10
Dibenz(a,h)anthracene 53-70-3
0.014
0.00071
1,2-Dibromo-3-chloro-
propane
96-12-8
0.0063
0.0016
1,2-Dibromoethane
106-93-4
0.00022
0.045
1,1-Dichloroethane
75-34-3
0.000026
0.38
1,2-Dichloroethane
107-06-2
0.000026
0.38
1,1-Dichloroethylene
75-35-4
0.000050
0.20
1,3-Dichloropropene
542-75-6
0.35
0.000029
Dieldrin
60-57-1
0.0046
0.0022
Diethylstilbestrol
56-53-1
0.14
0.000071
Dimethylnitrosamine
62-75-9
0.014
0.00071
2,4-Dinitrotoluene
121-14-2
0.000088
0.11
1,2-Diphenylhydrazine 122-66-7
0.00022
0.045
1,4-Dioxane
123-91-1
0.0000014
7.1
Epichlorohydrin
106-89-8
0.0000012
8.3
Ethylene Oxide
75-21-8
0.00010
0.10
Ethylene Dibromide
106-93-4
0.00022
0.045
Formaldehyde
50-00-0
0.000013
0.77
Heptachlor
76-44-8
0.0013
0.0077
Heptachlor Epoxide
1024-57-3
0.0026
0.0038
Hexachlorobenzene
118-74-1
0.00049
0.020
Hexachlorobutadiene
87-68-3
0.000020
0.50
Alpha-hexachloro-
cyclohexane
319-84-6
0.0018
0.0056
Beta-hexachlorocyclo-
hexane
319-85-7
0.00053
0.019
Gamma-hexachloro-
cyclohexane
58-89-9
0.00038
0.026
627
Hexachlorocyclo-
hexane, Technical
0.00051
0.020
Hexachlorodibenzo-p-
dioxin (1,2 Mixture)
1.3
0.0000077
Hexachloroethane
67-72-1
0.0000040
2.5
Hydrazine
302-01-2
0.0029
0.0034
Hydrazine Sulfate
302-01-2
0.0029
0.0034
3-Methylcholanthrene 56-49-5
0.0027
0.0037
Methyl Hydrazine
60-34-4
0.00031
0.032
Methylene Chloride
75-09-2
0.0000041
2.4
4,4'-Methylene-bis-2-
chloroaniline
101-14-4
0.000047
0.21
Nickel
7440-02-0
0.00024
0.042
Nickel Refinery Dust
7440-02-0
0.00024
0.042
Nickel Subsulfide
12035-72-2
0.00048
0.021
2-Nitropropane
79-46-9
0.027
0.00037
N-Nitroso-n-butyl-
amine
924-16-3
0.0016
0.0063
N-Nitroso-n-methyl-
urea
684-93-5
0.086
0.00012
N-Nitrosodiethylamine 55-18-5
0.043
0.00023
N-Nitrosopyrrolidine
930-55-2
0.00061
0.016
Pentachloronitro-
benzene
82-68-8
0.000073
0.14
PCBs
1336-36-3
0.0012
0.0083
Pronamide
23950-58-5
0.0000046
2.2
Reserpine
50-55-5
0.0030
0.0033
2,3,7,8-Tetrachloro-
dibenzo-p-dioxin
1746-01-6
45.
0.00000022
1,1,2,2-Tetrachloro-
ethane
79-34-5
0.000058
0.17
Tetrachloroethylene
127-18-4
0.00000048
21.
Thiourea
62-56-6
0.00055
0.018
1,1,2-Trichloroethane
79-00-5
0.000016
0.63
Trichloroethylene
79-01-6
0.0000013
7.7
2,4,6-Trichlorophenol
88-06-2
0.0000057
1.8
Toxaphene
8001-35-2
0.00032
0.031
Vinyl Chloride
75-01-4
0.0000071
1.4
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
628
PART 727
STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
FACILITIES OPERATING UNDER A RCRA STANDARDIZED PERMIT
Section
727.100
General
727.110
General Facility Standards
727.130
Preparedness and Prevention
727.150
Contingency Plan and Emergency Procedures
727.170
Recordkeeping, Reporting, and Notifying
727.190
Releases from Solid Waste Management Units
727.210
Closure
727.240
Financial Requirements
727.270
Use and Management of Containers
727.290
Tank Systems
727.900
Containment Buildings
727.Appendix A
Financial Assurance Forms
Illustration A
Letter of Chief Financial Officer: Financial Assurance for Facility
Closure
Illustration B
Letter of Chief Financial Officer: Financial Assurance for
Liability Coverage
Appendix B
Correlation of State and Federal Provisions
Table A
Correlation of Federal RCRA Standardized Permit Provisions to State
Provisions
Table B
Correlation of State RCRA Standardized Permit Provisions to Federal
Provisions
AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 22.4, and 27].
SOURCE: Adopted R06-16/R06-17/R06-18 at 31 Ill. Reg. 1146, effective December 20, 2006;
amended in R07-5/R07-14 at 32 Ill. Reg. ________, effective ______________________.
Section 727.170
Recordkeeping, Reporting, and Notifying
a)
Applicability of this Section. This Section applies to the owner and operator of a
facility that stores or non-thermally treats a hazardous waste under a RCRA
standardized permit pursuant to Subpart J of 35 Ill. Adm. Code 703, except as
provided in Section 727.100(a)(2). In addition, the owner or operator must
comply with the manifest requirements of 35 Ill. Adm. Code 722 whenever a
shipment of hazardous waste is initiated from the facility.
BOARD NOTE: Subsection (a) of this Section is derived from 40 CFR 267.70,
as added at 70 Fed. Reg. 53420 (Sep. 8, 2005).
629
b)
Use of the manifest system.
1)
If a facility receives hazardous waste accompanied by a manifest, the
owner or operator, or its agent, must do each of the following:
A)
It must sign and date each copy of the manifest to certify that the
hazardous waste covered by the manifest was received;
B)
It must note any significant discrepancies in the manifest (as
defined in Section 727.170(c)(1)) on each copy of the manifest;
C)
It must immediately give the transporter at least one copy of the
signed manifest;
D)
Within 30 days after the delivery, it must send a copy of the
manifest to the generator; and
E)
It must retain at the facility a copy of each manifest for at least
three years from the date of delivery.
2)
If a facility receives, from a rail or water (bulk shipment) transporter,
hazardous waste that is accompanied by a shipping paper containing all
the information required on the manifest (excluding the USEPA
identification numbers, generator’s certification, and signatures), the
owner or operator, or its agent, must do each of the following:
A)
It must sign and date each copy of the manifest or shipping paper
(if the manifest has not been received) to certify that the hazardous
waste covered by the manifest or shipping paper was received;
B)
It must note any significant discrepancies (as defined in Section
727.170(c)(1)) in the manifest or shipping paper (if the manifest
has not been received) on each copy of the manifest or shipping
paper;
BOARD NOTE: USEPA does not intend that the owner or
operator of a facility whose procedures pursuant to Section
727.110(d)(3) include waste analysis must perform that analysis
before signing the shipping paper and giving it to the transporter.
Section 727.170(c)(2), however, requires reporting an
unreconciled discrepancy discovered during later analysis.
C)
It must immediately give the rail or water (bulk shipment)
transporter at least one copy of the manifest or shipping paper (if
the manifest has not been received);
630
D)
Within 30 days after the delivery, it must send a copy of the signed
and dated manifest to the generator; however, if the manifest has
not been received within 30 days after delivery, the owner or
operator, or its agent, must send a copy of the shipping paper
signed and dated to the generator; and
BOARD NOTE: Section 722.123(c) requires the generator to send
three copies of the manifest to the facility when hazardous waste is
sent by rail or water (bulk shipment).
E)
It must retain at the facility a copy of the manifest and shipping
paper (if signed in lieu of the manifest at the time of delivery) for
at least three years from the date of delivery.
3)
Whenever a shipment of hazardous waste is initiated from a facility, the
facility owner or operator must comply with the requirements of 35 Ill.
Adm. Code 722.
BOARD NOTE: The provisions of 35 Ill. Adm. Code 724.134 are
applicable to the on-site accumulation of hazardous wastes by generators.
Therefore, the provisions of 35 Ill. Adm. Code 724.134 apply only to an
owner or operator that is shipping hazardous waste that it generated at that
facility.
4)
Within three working days after the receipt of a shipment subject to
Subpart H of 35 Ill. Adm. Code 722 the owner or operator of the facility
must provide a copy of the tracking document bearing all required
signatures to the notifier, to the Agency, to the Office of Enforcement and
Compliance Assurance, Office of Compliance, Enforcement Planning,
Targeting and Data Division (2222A), U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and to
competent authorities of all other concerned countries. The original copy
of the tracking document must be maintained at the facility for at least
three years from the date of signature.
BOARD NOTE: Subsection (b) of this Section is derived from 40 CFR 267.71,
as added at 70 Fed. Reg. 53420 (Sep. 8, 2005).
c)
Manifest discrepancies.
1)
Manifest discrepancies are differences between the quantity or type of
hazardous waste designated on the manifest or shipping paper, and the
quantity or type of hazardous waste a facility actually receives.
Significant discrepancies in quantity are either of the following:
A)
For bulk waste, variations greater than 10 percent in weight; or
631
B)
For batch waste, any variation in piece count, such as a
discrepancy of one drum in a truckload. Significant discrepancies
in type are obvious differences that can be discovered by
inspection or waste analysis, such as waste solvent substituted for
waste acid, or toxic constituents not reported on the manifest or
shipping paper.
2)
Upon discovering a significant discrepancy, the facility owner or operator
must attempt to reconcile the discrepancy with the waste generator or
transporter (e.g., with telephone conversations). If the discrepancy is not
resolved within 15 days after receiving the waste, the owner or operator
must immediately submit to the Agency a letter describing the discrepancy
and attempts to reconcile it, and a copy of the manifest or shipping paper
at issue.
BOARD NOTE: Subsection (c) of this Section is derived from 40 CFR 267.72,
as added at 70 Fed. Reg. 53420 (Sep. 8, 2005) (2007).
d)
Retention of information.
1)
The facility owner or operator must keep a written operating record at its
facility.
2)
The facility owner or operator must record the following information, as it
becomes available, and maintain the operating record until it closes the
facility:
A)
A description and the quantity of each type of hazardous waste
generated, and the methods and dates of its storage or treatment at
the facility as required by Appendix A of 35 Ill. Adm. Code 724;
B)
The location of each hazardous waste within the facility and the
quantity at each location;
C)
Records and results of waste analyses and waste determinations
performed as specified in Section 727.110(d) and (h) and 35 Ill.
Adm. Code 724.934, 724.963, 724.983, and 728.107;
D)
Summary reports and details of all incidents that require the owner
or operator to implement the contingency plan as specified in
Section 727.150(i)(2));
E)
Records and results of inspections as required by Section
727.110(f)(4) (except that the facility owner or operator needs to
keep these data for only three years);
632
F)
Monitoring, testing or analytical data, and corrective action when
required by Section 727.190, Section 727. 290(b), (d), and (f) and
35 Ill. Adm. Code 724.934(c) through (f), 724.935, 724.963(d)
through (i), 724.964, 724.988, 724.989, and 724.990;
G)
All closure cost estimates pursuant to Section 727.240(c);
H)
The facility owner or operator certification, executed at least
annually, that the owner or operator has a program in place to
reduce the volume and toxicity of hazardous waste that it generates
to the degree that the owner or operator determines to be
economically practicable; and that the proposed method of
treatment or storage is that practicable method currently available
to the owner or operator that minimizes the present and future
threat to human health and the environment;
I)
For an on-site treatment facility, the information contained in the
notice (except the manifest number), and the certification and
demonstration, if applicable, required by the facility owner or
operator pursuant to 35 Ill. Adm. Code 728.107;
J)
For an on-site storage facility, the information in the notice (except
the manifest number), and the certification and demonstration, if
applicable, required by the facility owner or operator pursuant to
35 Ill. Adm. Code 728.107;
K)
For an off-site treatment facility, a copy of the notice, and the
certification and demonstration, if applicable, required by the
generator or the facility owner or operator pursuant to 35 Ill. Adm.
Code 728.107 or 728.108; and
L)
For an off-site storage facility, a copy of the notice, and the
certification and demonstration, if applicable, required by the
generator or the owner or operator pursuant to 35 Ill. Adm. Code
728.107 or 728.108.
BOARD NOTE: Subsection (d) of this Section is derived from 40 CFR 267.73,
as added at 70 Fed. Reg. 53420 (Sep. 8, 2005) (2007).
e)
Availability of records.
1)
The facility owner or operator must furnish all records, including plans,
required pursuant to this Part upon the request of any officer, employee, or
representative of the Agency or USEPA and make them available at all
reasonable times for inspection.
633
2)
The retention period for all records required pursuant to this Part is
extended automatically during the course of any unresolved enforcement
action involving the facility or as requested by the Agency.
BOARD NOTE: Subsection (e) of this Section is derived from 40 CFR 267.74,
as added at 70 Fed. Reg. 53420 (Sep. 8, 2005) (2007).
f)
Submission of reports. The facility owner or operator must prepare a biennial
an
annual facility activities report and other reports listed in subsection (f)(2) of this
Section.
1)
Biennial
Annual facility activities report. The facility owner or operator
must prepare and submit a single copy of a biennial
an annual facility
activities report to the Agency by March 1 of each even numbered year.
The biennial
annual facility activities report must be submitted on USEPA
Form 8700-13B. The report must cover facility activities during the
previous two
calendar years year and must include the following
information:
BOARD NOTE: Corresponding 40 CFR 267.75(a) (2006) requires
biennial reporting. The Board has required annual reporting, since Section
20.1 of the Act [415 ILCS 5/20.1 (2006)] requires the Agency to assemble
annual reports, and only annual facility activity reports will enable the
Agency to fulfill this mandate.
A)
The USEPA identification number, name, and address of the
facility;
B)
The calendar year covered by the report;
C)
The method of treatment or storage for each hazardous waste;
D)
The most recent closure cost estimate pursuant to Section
727.240(c);
E)
A description of the efforts undertaken during the year to reduce
the volume and toxicity of generated waste;
F)
A description of the changes in volume and toxicity of waste
actually achieved during the year in comparison to previous years
to the extent such information is available for the years prior to
1984; and
G)
The certification signed by the owner or operator.
634
2)
Additional reports. In addition to submitting the biennial reports, the
owner or operator must also report the following information to the
Agency:
A)
Releases, fires, and explosions as specified in Section
727.150(i)(2);
B)
Facility closures specified in Section 727.210(h); and
C)
Other information as otherwise required by Sections 727.270,
727.290, and 727.900 and Subparts AA, BB, and CC of 35 Ill.
Adm. Code 264.
3)
For off-site facilities, the USEPA identification number of each hazardous
waste generator from which the facility received a hazardous waste during
the year; for imported shipments, the report must give the name and
address of the foreign generator.
4)
A description and the quantity of each hazardous waste the facility
received during the year. For off-site facilities, this information must be
listed by USEPA identification number of each generator.
BOARD NOTE: Subsection (f) of this Section is derived from 40 CFR 267.75, as
added at 70 Fed. Reg. 53420 (Sep. 8, 2005) (2007).
g)
Required notifications. Before transferring ownership or operation of a facility
during its operating life, the facility owner or operator must notify the new owner
or operator in writing of the requirements of this Part and Subpart J of 35 Ill.
Adm. Code 703.
BOARD NOTE: Subsection (g) of this Section is derived from 40 CFR 267.76,
as added at 70 Fed. Reg. 53420 (Sep. 8, 2005) (2007).
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 728
LAND DISPOSAL RESTRICTIONS
SUBPART A: GENERAL
Section
728.101
Purpose, Scope, and Applicability
635
728.102
Definitions
728.103
Dilution Prohibited as a Substitute for Treatment
728.104
Treatment Surface Impoundment Exemption
728.105
Procedures for Case-by-Case Extensions to an Effective Date
728.106
Petitions to Allow Land Disposal of a Waste Prohibited under Subpart C
728.107
Testing, Tracking, and Recordkeeping Requirements for Generators, Treaters, and
Disposal Facilities
728.108
Landfill and Surface Impoundment Disposal Restrictions (Repealed)
728.109
Special Rules for Characteristic Wastes
SUBPART B: SCHEDULE FOR LAND DISPOSAL PROHIBITION AND
ESTABLISHMENT OF TREATMENT STANDARDS
Section
728.110
First Third (Repealed)
728.111
Second Third (Repealed)
728.112
Third Third (Repealed)
728.113
Newly Listed Wastes
728.114
Surface Impoundment Exemptions
SUBPART C: PROHIBITION ON LAND DISPOSAL
Section
728.120
Waste-Specific Prohibitions: Dyes and Pigments Production Wastes
728.130
Waste-Specific Prohibitions: Wood Preserving Wastes
728.131
Waste-Specific Prohibitions: Dioxin-Containing Wastes
728.132
Waste-Specific Prohibitions: Soils Exhibiting the Toxicity Characteristic for
Metals and Containing PCBs
728.133
Waste-Specific Prohibitions: Chlorinated Aliphatic Wastes
728.134
Waste-Specific Prohibitions: Toxicity Characteristic Metal Wastes
728.135
Waste-Specific Prohibitions: Petroleum Refining Wastes
728.136
Waste-Specific Prohibitions: Inorganic Chemical Wastes
728.137
Waste-Specific Prohibitions: Ignitable and Corrosive Characteristic Wastes
Whose Treatment Standards Were Vacated
728.138
Waste-Specific Prohibitions: Newly-Identified Organic Toxicity Characteristic
Wastes and Newly-Listed Coke By-Product and Chlorotoluene Production
Wastes
728.139
Waste-Specific Prohibitions: Spent Aluminum Potliners and Carbamate Wastes
SUBPART D: TREATMENT STANDARDS
Section
728.140
Applicability of Treatment Standards
728.141
Treatment Standards Expressed as Concentrations in Waste Extract
728.142
Treatment Standards Expressed as Specified Technologies
728.143
Treatment Standards Expressed as Waste Concentrations
728.144
Adjustment of Treatment Standard
728.145
Treatment Standards for Hazardous Debris
728.146
Alternative Treatment Standards Based on HTMR
636
728.148
Universal Treatment Standards
728.149
Alternative LDR Treatment Standards for Contaminated Soil
SUBPART E: PROHIBITIONS ON STORAGE
Section
728.150
Prohibitions on Storage of Restricted Wastes
728.Appendix A
Toxicity Characteristic Leaching Procedure (TCLP) (Repealed)
728.Appendix B
Treatment Standards (As concentrations in the Treatment Residual
Extract) (Repealed)
728.Appendix C
List of Halogenated Organic Compounds Regulated under Section
728.132
728.Appendix D
Wastes Excluded from Lab Packs
728.Appendix E
Organic Lab Packs (Repealed)
728.Appendix F
Technologies to Achieve Deactivation of Characteristics
728.Appendix G
Federal Effective Dates
728.Appendix H
National Capacity LDR Variances for UIC Wastes
728.Appendix I
EP Toxicity Test Method and Structural Integrity Test
728.Appendix J
Recordkeeping, Notification, and Certification Requirements (Repealed)
728.Appendix K
Metal-Bearing Wastes Prohibited from Dilution in a Combustion Unit
According to Section 728.103(c)
728.Table A
Constituent Concentrations in Waste Extract (CCWE)
728.Table B
Constituent Concentrations in Wastes (CCW)
728.Table C
Technology Codes and Description of Technology-Based Standards
728.Table D
Technology-Based Standards by RCRA Waste Code
728.Table E
Standards for Radioactive Mixed Waste
728.Table F
Alternative Treatment Standards for Hazardous Debris
728.Table G
Alternative Treatment Standards Based on HTMR
728.Table H
Wastes Excluded from CCW Treatment Standards
728.Table I
Generator Paperwork Requirements
728.Table T
Treatment Standards for Hazardous Wastes
728.Table U
Universal Treatment Standards (UTS)
AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 22.4, and 27].
SOURCE: Adopted in R87-5 at 11 Ill. Reg. 19354, effective Nov. 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
Nov. 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 Sept. 25, 1990; amended in R90-11 at 15 Ill. Reg. 9462, effective June 17,
1991; amended in R90-11 at 15 Ill. Reg. 11937, effective August 12, 1991; amendment
withdrawn at 15 Ill. Reg. 14716, October 11, 1991; amended in R91-13 at 16 Ill. Reg. 9619,
effective June 9, 1992; amended in R92-10 at 17 Ill. Reg. 5727, effective March 26, 1993;
amended in R93-4 at 17 Ill. Reg. 20692, effective Nov. 22, 1993; amended in R93-16 at 18 Ill.
Reg. 6799, effective April 26, 1994; amended in R94-7 at 18 Ill. Reg. 12203, effective July 29,
637
1994; amended in R94-17 at 18 Ill. Reg. 17563, effective Nov. 23, 1994; amended in R95-6 at
19 Ill. Reg. 9660, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 11100, effective
August 1, 1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 783, effective December 16,
1997; amended in R98-12 at 22 Ill. Reg. 7685, effective April 15, 1998; amended in R97-
21/R98-3/R98-5 at 22 Ill. Reg. 17706, effective Sept. 28, 1998; amended in R98-21/R99-2/R99-
7 at 23 Ill. Reg. 1964, effective January 19, 1999; amended in R99-15 at 23 Ill. Reg. 9204,
effective July 26, 1999; amended in R00-13 at 24 Ill. Reg. 9623, effective June 20, 2000;
amended in R01-3 at 25 Ill. Reg. 1296, effective January 11, 2001; amended in R01-21/R01-23
at 25 Ill. Reg. 9181, effective July 9, 2001; amended in R02-1/R02-12/R02-17 at 26 Ill. Reg.
6687, effective April 22, 2002; amended in R03-18 at 27 Ill. Reg. 13045, effective July 17, 2003;
amended in R05-8 at 29 Ill. Reg. 6049, effective April 13, 2005; amended in R06-5/R06-6/R06-7
at 30 Ill. Reg. 3800, effective February 23, 2006; amended in R07-5/R07-14 at 32 Ill. Reg.
________, effective ______________________.
SUBPART A: GENERAL
Section 728.102
Definitions
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, 720.110, or 721.102 through
721.104.
“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 USC 9601 et seq.)
“Debris” means solid material exceeding a 60 mm particle size that is intended for
disposal and that is:
is a manufactured object; 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 Subpart D of this Part,
namely lead acid batteries, cadmium batteries, and radioactive lead solids; 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 percent 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.
“End-of-pipe”
refers to the point where effluent is discharged to the environment.
“Halogenated organic compounds” or “HOCs” means those compounds having a
carbon-halogen bond that are listed under Appendix C of this Part.
638
“Hazardous constituent or constituents” means those constituents listed in
Appendix H to 35 Ill. Adm. Code 721.
“Hazardous debris” means debris that contains a hazardous waste listed in
Subpart D of 35 Ill. Adm. Code 721 or that exhibits a characteristic of hazardous
waste identified in Subpart C of 35 Ill. Adm. Code 721. Any deliberate mixing of
prohibited waste with debris that changes its treatment classification (i.e., from
waste to hazardous debris) is not allowed under the dilution prohibition in Section
728.103.
“Inorganic metal-bearing waste” is one for which USEPA has established
treatment standards for metal hazardous constituents that does not otherwise
contain significant organic or cyanide content, as described in Section
728.103(b)(1), and which is specifically listed in Appendix K of this Part.
“Land disposal” means placement in or on the land, except in a corrective action
management unit or staging pile, and “land disposal” 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.
“Land disposal restriction” or “LDR” is a restriction imposed on the land disposal
of a hazardous waste pursuant to this Part or 40 CFR 738. The land disposal of
hazardous waste is generally prohibited, except where the activity constituting
land disposal is specfically allowed, pursuant to this Part or 40 CFR 738.
BOARD NOTE: The Board added this definition based on the preamble
discussions at 51 Fed. Reg. 40572, 40573-74 (Nov. 7, 1986) and 53 Fed. Reg.
28118, 28119-20 (July 26, 1988). The USEPA publication “Terms of
Environment Glossary, Abbreviations, and Acronyms” (December 1997),
USEPA, Communications, Education, and Public Affairs, EPA 175/B-97-001,
defines “land disposal restrictions” as follows: “Rules that require hazardous
wastes to be treated before disposal on land to destroy or immobilize hazardous
constituents that might migrate into soil and ground water.”
“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 federal 40 CFR 761.3 (Definitions), incorporated by
reference in 35 Ill. Adm. Code 720.111(b).
“ppm” means parts per million.
“RCRA corrective action” means corrective action taken under 35 Ill. Adm. Code
724.200 or 725.193, federal 40 CFR 264.100 or 265.93, or similar regulations in
639
other states with RCRA programs authorized by USEPA pursuant to 40 CFR 271.
“Soil” means unconsolidated earth material composing the superficial geologic
strata (material overlying bedrock), consisting of clay, silt, sand, or gravel size
particles, as classified by the United States Natural Resources Conservation
Service, or a mixture of such materials with liquids, sludges, or solids that is
inseparable by simple mechanical removal processes and which is made up
primarily of soil by volume based on visual inspection. Any deliberate mixing of
prohibited waste with debris that changes its treatment classification (i.e., from
waste to hazardous debris) is not allowed under the dilution prohibition in Section
728.103.
“Stormwater impoundments” are surface
impoundments that receive wet weather
flow and which receive process waste only during wet weather events.
“Underlying hazardous constituent” means any constituent listed in Table U of
this Part, “Universal Treatment Standards (UTS),” except fluoride, selenium,
sulfides, vanadium, and zinc, that can reasonably be expected to be present at the
point of generation of the hazardous waste at a concentration above the
constituent-specific UTS treatment standard.
“USEPA” or “U.S. EPA” means the United States Environmental Protection
Agency.
“Wastewaters” are wastes that contain less than one percent by weight total
organic carbon (TOC) and less than one percent by weight total suspended solids
(TSS).
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 728.104
Treatment Surface Impoundment Exemption
a)
Wastes that are otherwise prohibited from land disposal under this Part may be
treated in a surface impoundment or series of impoundments provided that all of
the following conditions are fulfilled:
1)
Treatment of such wastes occurs in the impoundments;
2)
The following conditions are met:
A)
Sampling and testing. For wastes with treatment standards in
Subpart D or prohibition levels in Subpart C, the residues from
treatment are analyzed, as specified in Section 728.107 or 728.132,
to determine if they meet the applicable treatment standards or,
where no treatment standards have been established for the waste,
the applicable prohibition levels. The sampling method, specified
640
in the waste analysis plan under 35 Ill. Adm. Code 724.113 or
725.113, must be designed such that representative samples of the
sludge and the supernatant are tested separately rather than mixed
to form homogeneous samples.
B)
Removal. The following treatment residues (including any liquid
waste) must be removed at least annually: residues that do not
meet the treatment standards promulgated under Subpart D of this
Part; residues that do not meet the prohibition levels established
under Subpart C of this Part or imposed by federal statute (where
no treatment standards have been established); residues that are
from the treatment of wastes prohibited from land disposal under
Subpart C of this Part (where no treatment standards have been
established and no prohibition levels apply); or residues from
managing listed wastes that are not delisted under 35 Ill. Adm.
Code 720.122. If the volume of liquid flowing through the
impoundment or series of impoundments annually is greater than
the volume of the impoundment or impoundments, this flow-
through constitutes removal of the supernatant for the purpose of
this requirement.
C)
Subsequent management. Treatment residues must not be placed
in any other surface impoundment for subsequent management.
D)
Recordkeeping. Sampling, testing, and recordkeeping provisions
of 35 Ill. Adm. Code 724.113 or 725.113 apply;
3)
The impoundment meets the design requirements of 35 Ill. Adm. Code
724.321(c) or 725.321(a) even though the unit may not be new, expanded
or a replacement, and must be in compliance with applicable groundwater
monitoring requirements of Subpart F of 35 Ill. Adm. Code 724 or Subpart
F of this Part
35 Ill. Adm. Code 725, unless any of the following
conditions is fulfilled:
A)
The impoundment is exempted pursuant to 35 Ill. Adm. Code
724.321(d) or (e), or to 35 Ill. Adm. Code 725.321(c) or (d);
B)
Upon application by the owner or operator, the Agency has by
permit provided that the requirements of this Part do not apply on
the basis that the surface impoundment fulfills all of the following
conditions:
i)
The impoundment has at least one liner, for which there is
no evidence that such liner is leaking;
ii)
The impoundment is located more than one-quarter mile
641
from an underground source of drinking water; and
iii)
The impoundment is in compliance with generally
applicable groundwater monitoring requirements for
facilities with permits; or
C)
Upon application by the owner or operator, the Board has,
pursuant to Subpart D of 35 Ill. Adm. Code 104, granted an
adjusted standard from the requirements of this Part. The
justification for such an adjusted standard must be a demonstration
that the surface impoundment is located, designed, and operated so
as to assure that there will be no migration of any hazardous
constituent into groundwater or surface water at any future time;
and
4)
The owner or operator submits to the Agency a written certification that
the requirements of subsection (a)(3) of this Section have been met. The
following certification is required:
I certify under penalty of law that the requirements of 35 Ill. Adm.
Code 728.104(a)(3) have been met for all surface impoundments
being used to treat restricted wastes. I believe that the submitted
information is true, accurate, and complete. I am aware that there
are significant penalties for submitting false information, including
the possibility of fine and imprisonment.
b)
Evaporation of hazardous constituents as the principal means of treatment is not
considered to be a treatment for purposes of an exemption under this Section.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 728.107
Testing, Tracking, and Recordkeeping Requirements for Generators,
Treaters, and Disposal Facilities
a)
Requirements for generators.
1)
A generator of a hazardous waste must determine if the waste has to be
treated before it can be land disposed. This is done by determining if the
hazardous waste meets the treatment standards in Section 728.140,
728.145, or 728.149. This determination can be made concurrently with
the hazardous waste determination required in 35 Ill. Adm. Code 722.111,
in either of two ways: testing the waste or using knowledge of the waste.
If the generator tests the waste, testing determines the total concentration
of hazardous constituents or the concentration of hazardous constituents in
an extract of the waste obtained using Method 1311 (Toxicity
Characteristic Leaching Procedure) in “Test Methods for Evaluating Solid
642
Waste, Physical/Chemical Methods,” USEPA publication number EPA-
530/SW-846, incorporated by reference in 35 Ill. Adm. Code 720.111(a),
depending on whether the treatment standard for the waste is expressed as
a total concentration or concentration of hazardous constituent in the
waste extract. (Alternatively, the generator must send the waste to a
RCRA-permitted hazardous waste treatment facility, where the waste
treatment facility must comply with the requirements of 35 Ill. Adm. Code
724.113 and subsection (b) of this Section.) In addition, some hazardous
wastes must be treated by particular treatment methods before they can be
land disposed and some soils are contaminated by such hazardous wastes.
These treatment standards are also found in Section 728.140 and Table T
of this Part, and are described in detail in Table C of this Part. These
wastes and soils contaminated with such wastes do not need to be tested
(however, if they are in a waste mixture, other wastes with concentration
level treatment standards must be tested). If a generator determines that it
is managing a waste or soil contaminated with a waste that displays a
hazardous characteristic of ignitability, corrosivity, reactivity, or toxicity,
the generator must comply with the special requirements of Section
728.109 in addition to any applicable requirements in this Section.
2)
If the waste or contaminated soil does not meet the treatment standard or if
the generator chooses not to make the determination of whether its waste
must be treated, the generator must send a one-time written notice to each
treatment or storage facility receiving the waste with the initial shipment
of waste to each treatment or storage facility, and the generator must place
a copy of the one-time notice in the file. The notice must include the
information in column “728.107(a)(2)” of the Generator Paperwork
Requirements Table in Table I of this Part. (Alternatively, if the generator
chooses not to make the determination of whether the waste must be
treated, the notification must include the USEPA hazardous waste
numbers and manifest number of the first shipment, and it must include
the following statement: “This hazardous waste may or may not be
subject to the LDR treatment standards. The treatment facility must make
the determination.”) No further notification is necessary until such time
that the waste or facility changes, in which case a new notification must be
sent and a copy placed in the generator’s file.
A)
For contaminated soil, the following certification statement should
be included, signed by an authorized representative:
I certify under penalty of law that I personally have
examined this contaminated soil and it (does/does not)
contain listed hazardous waste and (does/does not) exhibit
a characteristic of hazardous waste and requires treatment
to meet the soil treatment standards as provided by 35 Ill.
Adm. Code 728.149(c).
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B)
This subsection (a)(2)(B) corresponds with 40 CFR 268.7(a)(2)(ii),
which is marked “reserved” by USEPA. This statement maintains
structural consistency with USEPA rules.
3)
If the waste or contaminated soil meets the treatment standard at the
original point of generation, the waste generator must do the following:
A)
With the initial shipment of waste to each treatment, storage, or
disposal facility, the generator must send a one-time written notice
to each treatment, storage, or disposal facility receiving the waste,
and place a copy in its own file. The notice must include the
information indicated in column “728.107(a)(3)” of the Generator
Paperwork Requirements Table in Table I of this Part and the
following certification statement, 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 to support
this certification that the waste complies with the treatment
standards specified in Subpart D of 35 Ill. Adm. Code 728.
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.
B)
For contaminated soil, with the initial shipment of wastes to each
treatment, storage, or disposal facility, the generator must send a
one-time written notice to each facility receiving the waste and
place a copy in the file. The notice must include the information in
the column headed “(a)(3)” in Table I of this Part.
C)
If the waste changes, the generator must send a new notice and
certification to the receiving facility and place a copy in its files.
A generator of hazardous debris excluded from the definition of
hazardous waste under 35 Ill. Adm. Code 721.103(f) is not subject
to these requirements.
4)
For reporting, tracking and recordkeeping when exceptions allow certain
wastes or contaminated soil that do not meet the treatment standards to be
land disposed, there are certain exemptions from the requirement that
hazardous wastes or contaminated soil meet treatment standards before
they can be land disposed. These include, but are not limited to, case-by-
case extensions under Section 728.105, disposal in a no-migration unit
under Section 728.106, or a national capacity variance or case-by-case
644
capacity variance under Subpart C of this Part. If a generator’s waste is so
exempt, then with the initial shipment of waste, the generator must send a
one-time written notice to each land disposal facility receiving the waste.
The notice must include the information indicated in column
“728.107(a)(4)” of the Generator Paperwork Requirements Table in Table
I of this Part. If the waste changes, the generator must send a new notice
to the receiving facility, and place a copy in its file.
5)
If a generator is managing and treating prohibited waste or contaminated
soil in tanks, containers, or containment buildings regulated under 35 Ill.
Adm. Code 722.134 to meet applicable LDR treatment standards found at
Section 728.140, the generator must develop and follow a written waste
analysis plan that describes the procedures it will carry out to comply with
the treatment standards. (Generators treating hazardous debris under the
alternative treatment standards of Table F of this Part, however, are not
subject to these waste analysis requirements.) The plan must be kept on
site in the generator’s records, and the following requirements must be
met:
A)
The waste analysis plan must be based on a detailed chemical and
physical analysis of a representative sample of the prohibited
wastes being treated, and contain all information necessary to treat
the wastes in accordance with the requirements of this Part,
including the selected testing frequency;
B)
Such plan must be kept in the facility’s on-site files and made
available to inspectors; and
C)
Wastes shipped off-site pursuant to this subsection (a)(5) of this
Section must comply with the notification requirements of
subsection (a)(3) of this Section.
6)
If a generator determines that the waste or contaminated soil is restricted
based solely on its knowledge of the waste, all supporting data used to
make this determination must be retained on-site in the generator’s files.
If a generator determines that the waste is restricted based on testing this
waste or an extract developed using Method 1311 (Toxicity Characteristic
Leaching Procedure) in “Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,” USEPA publication number EPA-530/SW-
846, all waste analysis data must be retained on-site in the generator’s
files.
7)
If a generator determines that it is managing a prohibited waste that is
excluded from the definition of hazardous or solid waste or which is
exempt from Subtitle C regulation under 35 Ill. Adm. Code 721.102
through 721.106 subsequent to the point of generation (including
645
deactivated characteristic hazardous wastes that are managed in
wastewater treatment systems subject to the CWA, as specified at 35 Ill.
Adm. Code 721.104(a)(2); that are CWA-equivalent; or that are managed
in an underground injection well regulated under 35 Ill. Adm. Code 730),
the generator must place a one-time notice stating such generation,
subsequent exclusion from the definition of hazardous or solid waste or
exemption from RCRA Subtitle C regulation, and the disposition of the
waste in the generating facility’s on-site file.
8)
A generator must retain a copy of all notices, certifications, waste analysis
data, and other documentation produced pursuant to this Section on-site
for at least three 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 three-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 (a)(8) 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 RCRA Subtitle C
regulation, subsequent to the point of generation.
9)
If a generator is managing a lab pack containing hazardous wastes and
wishes to use the alternative treatment standard for lab packs found at
Section 728.142(c), the generator must fulfill the following conditions:
A)
With the initial shipment of waste to a treatment facility, the
generator must submit a notice that provides the information in
column “Section 728.107(a)(9)” in the Generator Paperwork
Requirements Table of Table I of this Part and the following
certification. The certification, which must be signed by an
authorized representative and must be placed in the generator’s
files, must say the following:
I certify under penalty of law that I personally have
examined and am familiar with the waste and that the lab
pack contains only wastes that have not been excluded
under Appendix D to 35 Ill. Adm. Code 728 and that this
lab pack will be sent to a combustion facility in compliance
with the alternative treatment standards for lab packs at 35
Ill. Adm. Code 728.142(c). I am aware that there are
significant penalties for submitting a false certification,
including the possibility of fine or imprisonment.
B)
No further notification is necessary until such time as the wastes in
the lab pack change, or the receiving facility changes, in which
646
case a new notice and certification must be sent and a copy placed
in the generator’s file.
C)
If the lab pack contains characteristic hazardous wastes (D001-
D043), underlying hazardous constituents (as defined in Section
728.102(i)) need not be determined.
D)
The generator must also comply with the requirements in
subsections (a)(6) and (a)(7) of this Section.
10)
Small quantity generators with tolling agreements pursuant to 35 Ill. Adm.
Code 722.120(e) must comply with the applicable notification and
certification requirements of subsection (a) of this Section for the initial
shipment of the waste subject to the agreement. Such generators must
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 during the course of any unresolved enforcement action
regarding the regulated activity or as requested by the Agency.
b)
The owner or operator of a treatment facility must test its wastes according to the
frequency specified in its waste analysis plan, as required by 35 Ill. Adm. Code
724.113 (for permitted TSDs) or 725.113 (for interim status facilities). Such
testing must be performed as provided in subsections (b)(1), (b)(2), and (b)(3) of
this Section.
1)
For wastes or contaminated soil with treatment standards expressed in the
waste extract (TCLP), the owner or operator of the treatment facility must
test an extract of the treatment residues using Method 1311 (Toxicity
Characteristic Leaching Procedure) in “Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods,” USEPA publication number EPA-
530/SW-846, to assure that the treatment residues extract meets the
applicable treatment standards.
2)
For wastes or contaminated soil with treatment standards expressed as
concentrations in the waste, the owner or operator of the treatment facility
must test the treatment residues (not an extract of such residues) to assure
that the treatment residues meet the applicable treatment standards.
3)
A one-time notice must be sent with the initial shipment of waste or
contaminated soil to the land disposal facility. A copy of the notice must
be placed in the treatment facility’s file.
A)
No further notification is necessary until such time that the waste
or receiving facility changes, in which case a new notice must be
sent and a copy placed in the treatment facility’s file.
647
B)
The one-time notice must include the following requirements:
i)
USEPA hazardous waste number and manifest number of
first shipment;
ii)
The waste is subject to the LDRs. The constituents of
concern for F001 through F005 and F039 waste and
underlying hazardous constituents in characteristic wastes,
unless the waste will be treated and monitored for all
constituents. If all constituents will be treated and
monitored, there is no need to put them all on the LDR
notice;
iii)
The notice must include the applicable wastewater/
nonwastewater category (see Section 728.102(d) and (f))
and subdivisions made within a waste code based on waste-
specific criteria (such as D003 reactive cyanide);
iv)
Waste analysis data (when available);
v)
For contaminated soil subject to LDRs as provided in
Section 728.149(a), the constituents subject to treatment as
described in Section 728.149(d) and the following
statement, “this contaminated soil (does/does not) contain
listed hazardous waste and (does/does not) exhibit a
characteristic of hazardous waste and (is subject
to/complies with) the soil treatment standards as provided
by Section 728.149(c)”; and
vi)
A certification is needed (see applicable Section for exact
wording).
4)
The owner or operator of a treatment facility must submit a certification
signed by an authorized representative with the initial shipment of waste
or treatment residue of a restricted waste to the land disposal facility. The
certification must state as follows:
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. 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
treatment standards specified in 35 Ill. Adm. Code 728.140
without impermissible dilution of the prohibited waste. I am aware
648
there are significant penalties for submitting a false certification,
including the possibility of fine and imprisonment.
A certification is also necessary for contaminated soil and it must state as
follows:
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 believe that
it has been maintained and operated properly so as to comply with
treatment standards specified in 35 Ill. Adm. Code 728.149
without impermissible dilution of the prohibited wastes. I am
aware there are significant penalties for submitting a false
certification, including the possibility of fine and imprisonment.
A)
A copy of the certification must be placed in the treatment
facility’s on-site files. If the waste or treatment residue changes,
or the receiving facility changes, a new certification must be sent
to the receiving facility, and a copy placed in the treatment
facility’s file.
B)
Debris excluded from the definition of hazardous waste under 35
Ill. Adm. Code 721.103(e)
721.103(f) (i.e., debris treated by an
extraction or destruction technology listed in Table F of this Part
and debris that the Agency has determined does not contain
hazardous waste) is subject to the notification and certification
requirements of subsection (d) of this Section rather than the
certification requirements of this subsection (b)(4).
C)
For wastes with organic constituents having treatment standards
expressed as concentration levels, if compliance with the treatment
standards is based in part or in whole on the analytical detection
limit alternative specified in Section 728.140(d), the certification
must be signed by an authorized representative and must state as
follows:
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. Based on my inquiry of those individuals
immediately responsible for obtaining this information, I
believe that the nonwastewater organic constituents have
been treated by combustion units as specified in Table C to
35 Ill. Adm. Code 728. I have been unable to detect the
nonwastewater organic constituents, despite having used
best good faith efforts to analyze for such constituents. I
649
am aware that there are significant penalties for submitting
a false certification, including the possibility of fine and
imprisonment.
D)
For characteristic wastes that are subject to the treatment standards
in Section 728.140 and Table T of this Part (other than those
expressed as a required method of treatment) or Section 728.149
and which contain underlying hazardous constituents, as defined in
Section 728.102(i); if these wastes are treated on-site to remove
the hazardous characteristic; and that are then sent off-site for
treatment of underlying hazardous constituents, the certification
must state as follows:
I certify under penalty of law that the waste has been
treated in accordance with the requirements of 35 Ill. Adm.
Code 728.140 and Table T of Section 728.149 of that Part
to remove the hazardous characteristic. This
decharacterized waste contains underlying hazardous
constituents that require further treatment to meet treatment
standards. I am aware that there are significant penalties
for submitting a false certification, including the possibility
of fine and imprisonment.
E)
For characteristic wastes that contain underlying hazardous
constituents, as defined in Section 728.102(i), that are treated on-
site to remove the hazardous characteristic and to treat underlying
hazardous constituents to levels in Section 728.148 and Table U of
this Part universal treatment standards, the certification must state
as follows:
I certify under penalty of law that the waste has been
treated in accordance with the requirements of 35 Ill. Adm.
Code 728.140 and Table T of that Part to remove the
hazardous characteristic and that underlying hazardous
constituents, as defined in 35 Ill. Adm. Code 728.102(i),
have been treated on-site to meet the universal treatment
standards of 35 Ill. Adm. Code 728.148 and Table U of that
Part. I am aware that there are significant penalties for
submitting a false certification, including the possibility of
fine and imprisonment.
5)
If the waste or treatment residue will be further managed at a different
treatment, storage, or disposal facility, the treatment, storage, or disposal
facility that sends the waste or treatment residue off-site must comply with
the notice and certification requirements applicable to generators under
this Section.
650
6)
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)(3) of this Section. With
each shipment of such wastes the owner or operator of the recycling
facility must submit must, for the initial shipment of waste, prepare a one-
time certification described in subsection (b)(4) of this Section and a
notice that includes the information listed in subsection (b)(3) of this
Section (except the manifest number) to the Agency
. The certification and
notification must be placed in the facility’s on-site files. If the waste or
the receiving facility changes, a new certification and notification must be
prepared and placed in the on-site files. The In addition, the owner or
operator of the recycling facility also must keep records of the name and
location of each entity receiving the hazardous waste-derived product.
c)
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 must do the following:
1)
Maintain in its files copies of the notice and certifications specified in
subsection (a) or (b) of this Section.
2)
Test the waste or an extract of the waste or treatment residue developed
using Method 1311 (Toxicity Characteristic Leaching Procedure)
in “Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods,”
USEPA publication number EPA-530/SW-846,)
to assure that the waste
or treatment residue is in compliance with the applicable treatment
standards set forth in Subpart D of this Part. 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 35 Ill. Adm.
Code 725.113.
3)
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 must
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.
651
4)
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 (c)(3) of this Section with respect to such
waste.
d)
A generator or treater that first claims that hazardous debris is excluded from the
definition of hazardous waste under 35 Ill. Adm. Code 721.103(e)
721.103(f)
(i.e., debris treated by an extraction or destruction technology provided by Table
F of this Part, and debris that has been delisted) is subject to the following
notification and certification requirements:
1)
A one-time notification must be submitted to the Agency including the
following information:
A)
The name and address of the RCRA Subtitle D (municipal solid
waste landfill) facility receiving the treated debris;
B)
A description of the hazardous debris as initially generated,
including the applicable USEPA hazardous waste numbers; and
C)
For debris excluded under 35 Ill. Adm. Code 721.103(e)(1), the
technology from Table F of this Part used to treat the debris.
2)
The notification must be updated if the debris is shipped to a different
facility and, for debris excluded under 35 Ill. Adm. Code 721.102(e)(1)
721.102(f)(1)
, if a different type of debris is treated or if a different
technology is used to treat the debris.
3)
For debris excluded under 35 Ill. Adm. Code 721.102(e)(1)
721.102(f)(1),
the owner or operator of the treatment facility must document and certify
compliance with the treatment standards of Table F of this Part, as
follows:
A)
Records must be kept of all inspections, evaluations, and analyses
of treated debris that are made to determine compliance with the
treatment standards;
B)
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
C)
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 as follows:
652
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.
e)
A generator or treater that first receives a determination from USEPA or the
Agency that a given contaminated soil subject to LDRs, as provided in Section
728.149(a), no longer contains a listed hazardous waste and a generator or treater
that first determines that a contaminated soil subject to LDRs, as provided in
Section 728.149(a), no longer exhibits a characteristic of hazardous waste must
do the following:
1)
Prepare a one-time only documentation of these determinations including
all supporting information; and
2)
Maintain that information in the facility files and other records for a
minimum of three years.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 728.109
Special Rules for Characteristic Wastes
a)
The initial generator of a solid waste must determine each USEPA hazardous
waste number (waste code) applicable to the waste in order to determine the
applicable treatment standards under Subpart D of this Part. This determination
may be made concurrently with the hazardous waste determination required in
Section 722.111. For purposes of this Part, the waste must carry the waste code
for any applicable listing under Subpart D of 35 Ill. Adm. Code 721. In addition,
the waste must carry one or more of the waste codes under Subpart C of 35 Ill.
Adm. Code 721 where the waste exhibits a characteristic, except in the case when
the treatment standard for the listed waste operates in lieu of the treatment
standard for the characteristic waste, as specified in subsection (b) of this
Section. If the generator determines that its waste displays a characteristic of
hazardous waste (and the waste is not D001 nonwastewaters treated by CMBST,
RORGS, or POLYM of Table C to this Part), the generator must determine the
underlying hazardous constituents (as defined at Section 728.102(i)) in the
characteristic waste.
b)
Where a prohibited waste is both listed under Subpart D of 35 Ill. Adm. Code 721
and exhibits a characteristic of hazardous waste under Subpart C of 35 Ill. Adm.
Code 721, the treatment standard for the waste code listed in Subpart D of 35 Ill.
Adm. Code 721 will operate in lieu of the standard for the waste code under
Subpart C of 35 Ill. Adm. Code 721, provided that the treatment standard for the
listed waste includes a treatment standard for the constituent that causes the waste
653
to exhibit the characteristic. Otherwise, the waste must meet the treatment
standards for all applicable listed and characteristic waste codes.
c)
In addition to any applicable standards determined from the initial point of
generation, no prohibited waste that exhibits a characteristic under Subpart C of
35 Ill. Adm. Code 721 must be land disposed, unless the waste complies with the
treatment standards under Subpart D of this Part.
d)
A waste that exhibits a characteristic of hazardous waste under Subpart C of 35
Ill. Adm. Code 721 is 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 generator’s or treater’s on-site
files and sent to the Agency,
except for those facilities described in subsection (f) of this Section. The
notification and certification that is placed in the generator’s or treater’s files
must be updated if the process or operation generating the waste changes or if the
RCRA Subtitle D (municipal solid waste landfill) 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.
1)
The notification must include the following information:
A)
The name and address of the RCRA Subtitle D (municipal solid
waste landfill) facility receiving the waste shipment; and
B)
A description of the waste as initially generated, including the
applicable USEPA hazardous waste numbers, the treatability
groups, and the underlying hazardous constituents (as defined in
Section 728.102(i)), unless the waste will be treated and monitored
for all underlying hazardous constituents. If all underlying
hazardous constituents will be treated and monitored, there is no
requirement to list any of the underlying hazardous constituents on
the notice.
2)
The certification must be signed by an authorized representative and must
state the language found in Section 728.107(b)(4). If treatment removes
the characteristic but does not meet standards applicable to underlying
hazardous constituents, then the certification found in Section
728.107(b)(4)(D) applies.
3)
For a characteristic waste whose ultimate disposal will be into a Class I
nonhazardous waste injection well, and for which compliance with the
treatment standards set forth in Section 728.148 and Table U to this Part
for underlying hazardous constituents is achieved through pollution
prevention that meets the criteria set forth at 35 Ill. Adm. Code
738.101(d), the following information must also be included:
654
A)
A description of the pollution prevention mechanism and when it
was implemented, if already complete;
B)
The mass of each underlying hazardous constituent before
pollution prevention;
C)
The mass of each underlying hazardous constituent that must be
removed, adjusted to reflect variations in mass due to normal
operating conditions; and
D)
The mass reduction of each underlying hazardous constituent that
is achieved.
e)
For a decharacterized waste managed on-site in a wastewater treatment system
subject to the federal Clean Water Act (CWA) or zero-dischargers engaged in
CWA-equivalent treatment, compliance with the treatment standards set forth in
Sections 728.148 and Table D to this Part must be monitored quarterly, unless the
treatment is aggressive biological treatment, in which case compliance must be
monitored annually.
Monitoring results must be kept in on-site files for five
years.
f)
For a decharacterized waste managed on-site in a wastewater treatment system
subject to the federal Clean Water Act (CWA) for which all underlying hazardous
constituents (as defined in Section 728.102) are addressed by a CWA permit, this
compliance must be documented and this documentation must be kept in on-site
files.
g)
For a characteristic waste whose ultimate disposal will be into a Class I
nonhazardous waste injection well that qualifies for the de minimis exclusion
described in Section 728.101, information supporting that qualification must be
kept in on-site files.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 728.Table C
Technology Codes and Description of Technology-Based
Standards
Technology
Code
Description of Technology-Based Standard
ADGAS
Venting of compressed gases into an absorbing or reacting media (i.e., solid or
liquid)--venting can be accomplished through physical release utilizing valves or
piping; physical penetration of the container; or penetration through detonation.
AMLGM
Amalgamation of liquid, elemental mercury contaminated with radioactive
655
materials utilizing inorganic reagents such as copper, zinc, nickel, gold, and sulfur
that result in a nonliquid, semi-solid amalgam and thereby reducing potential
emissions of elemental mercury vapors to the air.
BIODG
Biodegradation of organics or non-metallic inorganics (i.e., degradable inorganics
that contain the elements of phosphorus, nitrogen, and sulfur) in units operated
under either aerobic or anaerobic conditions such that a surrogate compound or
indicator parameter has been substantially reduced in concentration in the
residuals (e.g., total organic carbon (TOC) can often be used as an indicator
parameter for the biodegradation of many organic constituents that cannot be
directly analyzed in wastewater residues).
CARBN
Carbon adsorption (granulated or powdered) of non-metallic inorganics, organo-
metallics, or organic constituents, operated so that a surrogate compound or
indicator parameter has not undergone breakthrough (e.g., total organic carbon
(TOC) can often be used as an indicator parameter for the adsorption of many
organic constituents that cannot be directly analyzed in wastewater residues).
Breakthrough occurs when the carbon has become saturated with the constituent
(or indicator parameter) and substantial change in adsorption rate associated with
that constituent occurs.
CHOXD
Chemical or electrolytic oxidation utilizing the following oxidation reagents (or
waste reagents) or combinations or 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; or
9)
other oxidizing reagents of equivalent efficiency, performed in units
operated so that a surrogate compound or indicator parameter has been
substantially reduced in concentration in the residuals (e.g., total organic
carbon (TOC) can often be used as an indicator parameter for the
oxidation of many organic constituents that cannot be directly analyzed in
wastewater residues). Chemical oxidation specifically includes what is
656
commonly referred to as alkaline chlorination.
CHRED
Chemical reduction utilizing the following reducing reagents (or waste reagents)
or combinations of reagents:
1)
sulfur dioxide;
2)
sodium, potassium, or alkali salts of sulfites, bisulfites, metabisulfites, and
polyethylene glycols (e.g., NaPEG and KPEG);
3)
sodium hydrosulfide;
4)
ferrous salts; or
5)
other reducing reagents of equivalent efficiency, performed in units
operated such that a surrogate compound or indicator parameter has been
substantially reduced in concentration in the residuals (e.g., total organic
halogens (TOX) can often be used as an indicator parameter for the
reduction of many halogenated organic constituents that cannot be directly
analyzed in wastewater residues). Chemical reduction is commonly used
for the reduction of hexavalent chromium to the trivalent state.
CMBST
High temperature organic destruction technologies, such as combustion in
incinerators, boilers, or industrial furnaces operated in accordance with the
applicable requirements of Subpart O of 35 Ill. Adm. Code 724, Subpart O of 35
Ill. Adm. Code 725, or Subpart H of 35 Ill. Adm. Code 726, and in other units
operated in accordance with applicable technical operating requirements; and
certain non-combustive technologies, such as the Catalytic Extraction Process.
DEACT
Deactivation to remove the hazardous characteristics of a waste due to its
ignitability, corrosivity, or reactivity.
FSUBS
Fuel substitution in units operated in accordance with applicable technical
operating requirements.
HLVIT
Vitrification of high-level mixed radioactive wastes in units in compliance with
all applicable radioactive protection requirements under control of the federal
Nuclear Regulatory Commission.
IMERC
Incineration of wastes containing organics and mercury in units operated in
accordance with the technical operating requirements of Subpart O of 35 Ill.
Adm. Code 724 or Subpart O of 35 Ill. Adm. Code 725. All wastewater and
nonwastewater residues derived from this process must then comply with the
corresponding treatment standards per waste code with consideration of any
applicable subcategories (e.g., high or low mercury subcategories).
657
INCIN
Incineration in units operated in accordance with the technical operating
requirements of Subpart O of 35 Ill. Adm. Code 724 or Subpart O of 35 Ill. Adm.
Code 725.
LLEXT
Liquid-liquid extraction (often referred to as solvent extraction) of organics from
liquid wastes into an immiscible solvent for which the hazardous constituents
have a greater solvent affinity, resulting in an extract high in organics that must
undergo either incineration, reuse as a fuel, or other recovery or reuse and a
raffinate (extracted liquid waste) proportionately low in organics that must
undergo further treatment as specified in the standard.
MACRO
Macroencapsulation with surface coating materials such as polymeric organics
(e.g., resins and plastics) or with a jacket of inert inorganic materials to
substantially reduce surface exposure to potential leaching media.
Macroencapsulation specifically does not include any material that would be
classified as a tank or container according to 35 Ill. Adm. Code 720.110.
NEUTR
Neutralization with the following reagents (or waste reagents) or combinations of
reagents:
1)
acids;
2)
bases; or
3)
water (including wastewaters) resulting in a pH greater than two but less
than 12.5 as measured in the aqueous residuals.
NLDBR
No land disposal based on recycling.
POLYM
Formation of complex high-molecular weight solids through polymerization of
monomers in high-TOC D001 nonwastewaters that are chemical components in
the manufacture of plastics.
PRECP
Chemical precipitation of metals and other inorganics as insoluble precipitates of
oxides, hydroxides, carbonates, sulfides, sulfates, chlorides, fluorides, or
phosphates. The following reagents (or waste reagents) are typically used alone
or in combination:
1)
lime (i.e., containing oxides or hydroxides of calcium or magnesium);
2)
caustic (i.e., sodium or potassium hydroxides);
3)
soda ash (i.e., sodium carbonate);
4)
sodium sulfide;
658
5)
ferric sulfate or ferric chloride;
6)
alum; or
7)
sodium sulfate. Additional flocculating, coagulation, or similar reagents
or processes that enhance sludge dewatering characteristics are not
precluded from use.
RBERY
Thermal recovery of beryllium.
RCGAS
Recovery or reuse of compressed gases including techniques such as reprocessing
of the gases for reuse or resale; filtering or adsorption of impurities; remixing for
direct reuse or resale; and use of the gas as a fuel source.
RCORR
Recovery of acids or bases utilizing one or more of the following recovery
technologies:
1)
distillation (i.e., thermal concentration);
2)
ion exchange;
3)
resin or solid adsorption;
4)
reverse osmosis; or
5)
incineration for the recovery of acid
Note: this does not preclude the use of other physical phase separation or
concentration techniques such as decantation, filtration (including ultrafiltration),
and centrifugation, when used in conjunction with the above listed recovery
technologies.
RLEAD
Thermal recovery of lead in secondary lead smelters.
RMERC
Retorting or roasting in a thermal processing unit capable of volatilizing mercury
and subsequently condensing the volatilized mercury for recovery. The retorting
or roasting unit (or facility) must be subject to one or more of the following:
a)
A federal national emissions standard for hazardous air pollutants
(NESHAP) for mercury (subpart E of 40 CFR 61);
b)
A best available control technology (BACT) or a lowest achievable
emission rate (LAER) standard for mercury imposed pursuant to a
prevention of significant deterioration (PSD) permit (including 35 Ill.
Adm. Code 201 through 203); or
659
c)
A state permit that establishes emission limitations (within meaning of
Section 302 of the Clean Air Act) for mercury, including a permit issued
pursuant to 35 Ill. Adm. Code 201. All wastewater and nonwastewater
residues derived from this process must then comply with the
corresponding treatment standards per waste code with consideration of
any applicable subcategories (e.g., high or low mercury subcategories).
RMETL
Recovery of metals or inorganics utilizing one or more of the following direct
physical or removal technologies:
1)
ion exchange;
2)
resin or solid (i.e., zeolites) adsorption;
3)
reverse osmosis;
4)
chelation or solvent extraction;
5)
freeze crystallization;
6)
ultrafiltration; or
7)
simple precipitation (i.e., crystallization)
Note: this does not preclude the use of other physical phase separation or
concentration techniques such as decantation, filtration (including ultrafiltration),
and centrifugation, when used in conjunction with the above listed recovery
technologies.
RORGS
Recovery of organics utilizing one or more of the following technologies:
1)
Distillation;
2)
thin film evaporation;
3)
steam stripping;
4)
carbon adsorption;
5)
critical fluid extraction;
6)
liquid-liquid extraction;
7)
precipitation or crystallization (including freeze crystallization); or
8)
chemical phase separation techniques (i.e., addition of acids, bases,
660
demulsifiers, or similar chemicals).
Note: This does not preclude the use of other physical phase separation
techniques such as decantation, filtration (including ultrafiltration), and
centrifugation, when used in conjunction with the above listed recovery
technologies.
RTHRM
Thermal recovery of metals or inorganics from nonwastewaters in units defined as
cement kilns, blast furnaces, smelting, melting and refining furnaces, combustion
devices used to recover sulfur values from spent sulfuric acid and “other devices”
determined by the Agency pursuant to 35 Ill. Adm. Code 720.110, the definition
of “industrial furnace.”
RZINC
Resmelting in high temperature metal recovery units for the purpose of recovery
of zinc.
STABL
Stabilization with the following reagents (or waste reagents) or combinations of
reagents:
1)
Portland cement; or
2)
lime or pozzolans (e.g., fly ash and cement kiln dust)--this does not
preclude the addition of reagents (e.g., iron salts, silicates, and clays)
designed to enhance the set or cure time or compressive strength, or to
overall reduce the leachability of the metal or inorganic.
SSTRP
Steam stripping of organics from liquid wastes utilizing direct application of
steam to the wastes operated such that liquid and vapor flow rates, as well as,
temperature and pressure ranges,
have been optimized, monitored, and
maintained. These operating parameters are dependent upon the design
parameters of the unit,
such as, the number of separation stages and the internal
column design. Thus,
resulting in a condensed extract high in organics that must
undergo either incineration, reuse as a fuel, or other recovery or reuse and an
extracted wastewater that must undergo further treatment as specified in the
standard.
WETOX
Wet air oxidation performed in units operated such that a surrogate compound or
indicator parameter has been substantially reduced in concentration in the
residuals (e.g., total organic carbon (TOC) can often be used as an indicator
parameter for the oxidation of many organic constituents that cannot be directly
analyzed in wastewater residues).
WTRRX
Controlled reaction with water for highly reactive inorganic or organic chemicals
with precautionary controls for protection of workers from potential violent
reactions as well as precautionary controls for potential emissions of toxic or
ignitable levels of gases released during the reaction.
661
Note 1:
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 Table T to this
Part 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.
Note 2:
When more than one technology (or treatment train) are specified as 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.
BOARD NOTE: Derived from Table I in 40 CFR 268.42 (2005)
(2007).
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 728.Table F
Alternative Treatment Standards For Hazardous Debris
a)
Hazardous debris must be treated by either the standards indicated in this Table F 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.
b)
Definitions. For the purposes of this Table F, the following terms are defined as
follows:
“Clean debris surface” means the surface, when viewed without
magnification, must 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 must be limited to no more than five percent
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 USEPA hazardous waste
numbers FO20, FO21, FO22, FO23, FO26, or FO27.
662
c)
Notes. In this Table F, the following text is to be read in conjunction with the
tabulated text where the appropriate notations appear:
1
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.
2
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.
3
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.
4
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.
5
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 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) of this Section 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.
663
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 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
Same as above
c. Spalling: Drilling or chipping
holes at appropriate locations
and depth in the contaminated
debris surface and applying a
tool that 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.
Same as above
Same as above
d. Vibratory Finishing: Process
utilizing scrubbing media,
flushing fluid, and oscillating
energy such that hazardous
contaminants or contaminated
debris surface layers are
removed.
1
Same as above
Same as above
e. High Pressure Steam and
Water Sprays: Application of
water or steam sprays of
Same as above
Same as above.
664
sufficient temperature, pressure,
residence time, agitation,
surfactants, and detergents to
remove hazardous contaminants
from debris surfaces or to
remove contaminated debris
surface layers
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 surface
layers.
All Debris: Treatment to a
clean debris surface; Brick,
Cloth, Concrete, Paper,
Pavement, Rock, Wood: Debris
must be no more than 1.2 cm (½
inch) in one dimension (i.e.,
thickness limit,
2
except that this
thickness limit may be waived
under an “Equivalent
Technology” approval under
Section 728.142(b);
4
debris
surfaces must be in contact with
water solution for at least 15
minutes
Brick, Cloth, Concrete, Paper,
Pavement, Rock, Wood:
Contaminant must be soluble to
at least five percent by weight in
water solution or five percent by
weight in emulsion; if debris is
contaminated with a dioxin-
listed waste,
3
an “Equivalent
Technology” approval under
Section 728.142(b) must be
obtained.
4
b. Liquid Phase Solvent
Extraction: Removal of
hazardous contaminants from
debris surfaces and surface
pores by applying a nonaqueous
liquid or liquid solution that
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.
1
Same as above
Brick, Cloth, Concrete, Paper,
Pavement, Rock, Wood: Same
as above, except that
contaminant must be soluble to
at least five percent 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
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.
665
debris surfaces and surface
pores to enter the vapor phase
and be flushed away with the
organic vapor.
1
3. Thermal Extraction
a. High Temperature Metals
Recovery: Application of
sufficient heat, residence time,
mixing, fluxing agents, 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,
5
and, prior to further treatment,
such residuals must meet the
waste-specific treatment
standards for organic
compounds in the waste
contaminating the debris.
Debris contaminated with a
dioxin-listed waste:
2
Obtain an
“Equivalent Technology”
approval under Section
728.142(b).
4
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.
3
All Debris: Obtain an
“Equivalent Technology”
approval under Section
728.142(b);
4
treated debris must
be separated from treatment
residuals using simple physical
or mechanical means,
5
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),
2
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
All Debris: Obtain an
“Equivalent Technology”
approval under Section
728.142(b);
4
treated debris must
be separated from treatment
All Debris: Metal
contaminants.
666
and biodegration
biodegradation
of organic or nonmetallic
inorganic compounds (i.e.,
inorganics that contain
phosphorus, nitrogen, or sulfur)
in units operated under either
aerobic or anaerobic conditions.
residuals using simple physical
or mechanical means,
5
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 (½
inch) in one dimension (i.e.,
thickness limit),
2
except that this
thickness limit may be waived
under the “Equivalent
Technology” approval
2. Chemical Destruction
a. Chemical Oxidation:
Chemical or electrolytic
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; or (9) other
oxidizing reagents of equivalent
destruction efficiency.
1
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);
4
treated debris
must be separated from
treatment residuals using simple
physical or mechanical means,
5
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 (½
inch) in one dimension (i.e.,
thickness limit),
2
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
Same as above
Same as above.
667
salts of sulfites, bisulfites, and
metabisulfites, and polyethylene
glycols (e.g., NaPEG and
KPEG); (3) sodium
hydrosulfide; (4) ferrous salts;
or (5) other reducing reagents of
equivalent efficiency.
1
3. Thermal Destruction:
Treatment in an incinerator
operating in accordance with
Subpart O of 35 Ill. Adm.
Code 724 or Subpart O of 35
Ill. Adm. Code 725; a boiler or
industrial furnace operating in
accordance with Subpart H of
35 Ill. Adm. Code 726, or other
thermal treatment unit operated
in accordance with Subpart X of
35 Ill. Adm. Code 724, or
Subpart P of 35 Ill. Adm. Code
725, 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,
5
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.
3
Obtain an
“Equivalent Technology”
approval under Section
728.142(b),
4
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/
Leachability of the hazardous
contaminants must be reduced.
None.
668
pozzolans (e.g., fly ash and
cement kiln dust). Reagents
(e.g., iron salts, silicates, and
clays) may be added to enhance
the set/cure time or compressive
strength, or to reduce the
leachability of the hazardous
constituents.
2
3. Sealing: Application of an
appropriate material that
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 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.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 728.Table T
Treatment Standards for Hazardous Wastes
Note: The treatment standards that heretofore appeared in tables in Sections 728.141, 728.142,
and 728.143 have been consolidated into this table.
Waste Code
Waste Description and Treatment or Regulatory Subcategory
1
Regulated Hazardous Constituent
Wastewaters
Nonwastewaters
Common Name
CAS
2
Number
Concentration
3
in
mg/ℓ
3
; or Techno-
logy Code
4
Concentration
5
in
mg/kg
5
unless
noted as “mg/ℓ
TCLP”; or Tech-
nology Code
4
669
D001
9
Ignitable Characteristic Wastes, except for the 35 Ill. Adm. Code 721.121(a)(1) High TOC
Subcategory.
NA
NA
DEACT and meet
Section 728.148
standards
8
; or
RORGS; or
CMBST
DEACT and meet
Section 728.148
standards
8
; or
RORGS; or
CMBST
D001
9
High TOC Ignitable Characteristic Liquids Subcategory based on 35 Ill. Adm. Code
721.121(a)(1) - Greater than or equal to 10 percent total organic carbon.
(Note: This subcategory consists of nonwastewaters only.)
NA
NA
NA
RORGS; CMBST;
or POLYM
D002
9
Corrosive Characteristic Wastes.
NA
NA
DEACT and meet
Section 728.148
standards
8
DEACT and meet
Section 728.148
standards
8
D002, D004, D005, D006, D007, D008, D009, D010, D011
Radioactive high level wastes generated during the reprocessing of fuel rods.
(Note: This subcategory consists of nonwastewaters only.)
Corrosivity (pH)
NA
NA
HLVIT
Arsenic
7440-38-2
NA
HLVIT
Barium
7440-39-3
NA
HLVIT
Cadmium
7440-43-9
NA
HLVIT
Chromium (Total)
7440-47-3
NA
HLVIT
Lead
7439-92-1
NA
HLVIT
Mercury
7439-97-6
NA
HLVIT
Selenium
7782-49-2
NA
HLVIT
Silver
7440-22-4
NA
HLVIT
D003
9
Reactive Sulfides Subcategory based on 35 Ill. Adm. Code 721.123(a)(5).
NA
NA
DEACT
DEACT
D003
9
Explosive subcategory based on 35 Ill. Adm. Code 721.123(a)(6), (a)(7), and (a)(8).
NA
NA
DEACT and meet
Section 728.148
standards
8
DEACT and meet
Section 728.148
standards
8
670
D003
9
Unexploded ordnance and other explosive devices that have been the subject of an emergency
response.
NA
NA
DEACT
DEACT
D003
9
Other Reactives Subcategory based on 35 Ill. Adm. Code 721.123(a)(1).
NA
NA
DEACT and meet
Section 728.148
standards
8
DEACT and meet
Section 728.148
standards
8
D003
9
Water Reactive Subcategory based on 35 Ill. Adm. Code 721.123(a)(2), (a)(3), and (a)(4).
(Note: This subcategory consists of nonwastewaters only.)
NA
NA
NA
DEACT and meet
Section 728.148
standards
8
D003
9
Reactive Cyanides Subcategory based on 35 Ill. Adm. Code 721.123(a)(5).
Cyanides (Total)
7
57-12-5
--
590
Cyanides (Amenable)
7
57-12-5
0.86
30
D004
9
Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for arsenic based on
Method 1311 (Toxicity Characteristic Leaching Procedure (TCLP)) in “Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,” USEPA publication number EPA-
530/SW-846, incorporated by reference in 35 Ill. Adm. Code 720.111(a).
Arsenic
7440-38-2
1.4 and meet
Section 728.148
standards
8
5.0 mg/ℓ TCLP
and meet Section
728.148 standards
8
D005
9
Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for barium based on
Method 1311 (Toxicity Characteristic Leaching Procedure (TCLP)) in “Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,” USEPA publication number EPA-
530/SW-846, incorporated by reference in 35 Ill. Adm. Code 720.111(a).
Barium
7440-39-3
1.2 and meet
Section 728.148
standards
8
21 mg/ℓ TCLP and
meet Section
728.148 standards
8
671
D006
9
Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for cadmium based
on Method 1311 (Toxicity Characteristic Leaching Procedure (TCLP)) in “Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,” USEPA publication number EPA-
530/SW-846, incorporated by reference in 35 Ill. Adm. Code 720.111(a).
Cadmium
7440-43-9
0.69 and meet
Section 728.148
standards
8
0.11 mg/ℓ TCLP
and meet Section
728.148 standards
8
D006
9
Cadmium-Containing Batteries Subcategory.
(Note: This subcategory consists of nonwastewaters only.)
Cadmium
7440-43-9
NA
RTHRM
D006
9
Radioactively contaminated cadmium-containing batteries.
(Note: This subcategory consists of nonwastewaters only.)
Cadmium
7440-43-9
NA
Macroencapsula-
tion in accordance
with Section
728.145
D007
9
Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for chromium based
on Method 1311 (Toxicity Characteristic Leaching Procedure (TCLP)) in “Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,” USEPA publication number EPA-
530/SW-846, incorporated by reference in 35 Ill. Adm. Code 720.111(a).
Chromium (Total)
7440-47-3
2.77 and meet
Section 728.148
standards
8
0.60 mg/ℓ TCLP
and meet Section
728.148 standards
8
D008
9
Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for lead based on
Method 1311 (Toxicity Characteristic Leaching Procedure (TCLP)) in “Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,” USEPA publication number EPA-
530/SW-846, incorporated by reference in 35 Ill. Adm. Code 720.111(a).
Lead
7439-92-1
0.69 and meet
Section 728.148
standards
8
0.75 mg/ℓ TCLP
and meet Section
728.148 standards
8
672
D008
9
Lead Acid Batteries Subcategory
(Note: This standard only applies to lead acid batteries that are identified as RCRA hazardous
wastes and that are not excluded elsewhere from regulation under the land disposal restrictions
of this Part or exempted under other regulations (see 35 Ill. Adm. Code 726.180). This
subcategory consists of nonwastewaters only.)
Lead
7439-92-1
NA
RLEAD
D008
9
Radioactive Lead Solids Subcategory
(Note: These lead solids include, but are not limited to, all forms of lead shielding and other
elemental forms of lead. These lead solids do not include treatment residuals such as hydroxide
sludges, other wastewater treatment residuals, or incinerator ashes that can undergo conventional
pozzolanic stabilization, nor do they include organo-lead materials that can be incinerated and
stabilized as ash. This subcategory consists of nonwastewaters only.)
Lead
7439-92-1
NA
MACRO
D009
9
Nonwastewaters that exhibit, or are expected to exhibit, the characteristic of toxicity for mercury
based on Method 1311 (Toxicity Characteristic Leaching Procedure (TCLP)) in “Test Methods
for Evaluating Solid Waste, Physical/Chemical Methods,” USEPA publication number EPA-
530/SW-846, incorporated by reference in 35 Ill. Adm. Code 720.111(a); and contain greater
than or equal to 260 mg/kg total mercury that also contain organics and are not incinerator
residues. (High Mercury-Organic Subcategory)
Mercury
7439-97-6
NA
IMERC; or
RMERC
D009
9
Nonwastewaters that exhibit, or are expected to exhibit, the characteristic of toxicity for mercury
based on Method 1311 (Toxicity Characteristic Leaching Procedure (TCLP)) in “Test Methods
for Evaluating Solid Waste, Physical/Chemical Methods,” USEPA publication number EPA-
530/SW-846, incorporated by reference in 35 Ill. Adm. Code 720.111(a); and contain greater
than or equal to 260 mg/kg total mercury that are inorganic, including incinerator residues and
residues from RMERC. (High Mercury-Inorganic Subcategory)
Mercury
7439-97-6
NA
RMERC
D009
9
Nonwastewaters that exhibit, or are expected to exhibit, the characteristic of toxicity for mercury
based on Method 1311 (Toxicity Characteristic Leaching Procedure (TCLP)) in “Test Methods
for Evaluating Solid Waste, Physical/Chemical Methods,” USEPA publication number EPA-
530/SW-846, incorporated by reference in 35 Ill. Adm. Code 720.111(a); and contain less than
260 mg/kg total mercury. (Low Mercury Subcategory)
Mercury
7439-97-6
NA
0.20 mg/ℓ TCLP
and meet Section
728.148 standards
8
673
D009
9
All other nonwastewaters that exhibit, or are expected to exhibit, the characteristic of toxicity for
mercury based on Method 1311 (Toxicity Characteristic Leaching Procedure (TCLP)) in “Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods,” USEPA publication number
EPA-530/SW-846, incorporated by reference in 35 Ill. Adm. Code 720.111(a); and contain less
than 260 mg/kg total mercury and that are not residues from RMERC. (Low Mercury
Subcategory)
Mercury
7439-97-6
NA
0.025 mg/ℓ TCLP
and meet Section
728.148 standards
8
D009
9
All D009 wastewaters.
Mercury
7439-97-6
0.15 and meet
Section 728.148
standards
8
NA
D009
9
Elemental mercury contaminated with radioactive materials.
(Note: This subcategory consists of nonwastewaters only.)
Mercury
7439-97-6
NA
AMLGM
D009
9
Hydraulic oil contaminated with Mercury Radioactive Materials Subcategory.
(Note: This subcategory consists of nonwastewaters only.)
Mercury
7439-97-6
NA
IMERC
D009
9
Radioactively contaminated mercury-containing batteries.
(Note: This subcategory consists of nonwastewaters only.)
Mercury
7439-97-6
NA
Macroencapsula-
tion in accordance
with Section
728.145
D010
9
Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for selenium based
on Method 1311 (Toxicity Characteristic Leaching Procedure (TCLP)) in “Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,” USEPA publication number EPA-
530/SW-846, incorporated by reference in 35 Ill. Adm. Code 720.111(a).
Selenium
7782-49-2
0.82
5.7 mg/ℓ TCLP
and meet Section
728.148 standards
8
D011
9
Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for silver based on
674
Method 1311 (Toxicity Characteristic Leaching Procedure (TCLP)) in “Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,” USEPA publication number EPA-
530/SW-846, incorporated by reference in 35 Ill. Adm. Code 720.111(a).
Silver
7440-22-4
0.43
0.14 mg/ℓ TCLP
and meet Section
728.148 standards
8
D011
9
Radioactively contaminated silver-containing batteries.
(Note: This subcategory consists of nonwastewaters only.)
Silver
7440-22-4
NA
Macroencapsula-
tion in accordance
with Section
728.145
D012
9
Wastes that are TC for endrin based on Method 1311 (Toxicity Characteristic Leaching
Procedure (TCLP)) in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,”
USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill. Adm. Code
720.111(a).
Endrin
72-20-8
BIODG; or
CMBST
0.13 and meet
Section 728.148
standards
8
Endrin aldehyde
7421-93-4
BIODG; or
CMBST
0.13 and meet
Section 728.148
standards
8
D013
9
Wastes that are TC for lindane based on Method 1311 (Toxicity Characteristic Leaching
Procedure (TCLP)) in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,”
USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill. Adm. Code
720.111(a).
α-BHC
319-84-6
CARBN; or
CMBST
0.066 and meet
Section 728.148
standards
8
β-BHC
319-85-7
CARBN; or
CMBST
0.066 and meet
Section 728.148
standards
8
δ-BHC
319-86-8
CARBN; or
CMBST
0.066 and meet
Section 728.148
standards
8
γ-BHC
(Lindane)
58-89-9
CARBN; or
CMBST
0.066 and meet
Section 728.148
standards
8
675
D014
9
Wastes that are TC for methoxychlor based on Method 1311 (Toxicity Characteristic Leaching
Procedure (TCLP)) in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,”
USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill. Adm. Code
720.111(a).
Methoxychlor
72-43-5
WETOX or
CMBST
0.18 and meet
Section 728.148
standards
8
D015
9
Wastes that are TC for toxaphene based on Method 1311 (Toxicity Characteristic Leaching
Procedure (TCLP)) in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,”
USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill. Adm. Code
720.111(a).
Toxaphene
8001-35-2
BIODG or
CMBST
2.6 and meet
Section 728.148
standards
8
D016
9
Wastes that are TC for 2,4-D (2,4-dichlorophenoxyacetic acid) based on Method 1311 (Toxicity
Characteristic Leaching Procedure (TCLP)) in “Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,” USEPA publication number EPA-530/SW-846, incorporated by
reference in 35 Ill. Adm. Code 720.111(a).
2,4-D (2,4-dichloro-
phenoxyacetic acid)
94-75-7
CHOXD; BIODG;
or CMBST
10 and meet
Section 728.148
standards
8
D017
9
Wastes that are TC for 2,4,5-TP (Silvex) based on Method 1311 (Toxicity Characteristic
Leaching Procedure (TCLP)) in “Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods,” USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill.
Adm. Code 720.111(a).
2,4,5-TP (Silvex)
93-72-1
CHOXD or
CMBST
7.9 and meet
Section 728.148
standards
8
D018
9
Wastes that are TC for benzene based on Method 1311 (Toxicity Characteristic Leaching
Procedure (TCLP)) in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,”
USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill. Adm. Code
720.111(a).
Benzene
71-43-2
0.14 and meet
Section 728.148
standards
8
10 and meet
Section 728.148
standards
8
676
D019
9
Wastes that are TC for carbon tetrachloride based on Method 1311 (Toxicity Characteristic
Leaching Procedure (TCLP)) in “Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods,” USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill.
Adm. Code 720.111(a).
Carbon tetrachloride
56-23-5
0.057 and meet
Section 728.148
standards
8
6.0 and meet
Section 728.148
standards
8
D020
9
Wastes that are TC for chlordane based on Method 1311 (Toxicity Characteristic Leaching
Procedure (TCLP)) in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,”
USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill. Adm. Code
720.111(a).
Chlordane (α and
χ
isomers)
57-74-9
0.0033 and meet
Section 728.148
standards
8
0.26 and meet
Section 728.148
standards
8
D021
9
Wastes that are TC for chlorobenzene based on Method 1311 (Toxicity Characteristic Leaching
Procedure (TCLP)) in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,”
USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill. Adm. Code
720.111(a).
Chlorobenzene
108-90-7
0.057 and meet
Section 728.148
standards
8
6.0 and meet
Section 728.148
standards
8
D022
9
Wastes that are TC for chloroform based on Method 1311 (Toxicity Characteristic Leaching
Procedure (TCLP)) in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,”
USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill. Adm. Code
720.111(a).
Chloroform
67-66-3
0.046 and meet
Section 728.148
standards
8
6.0 and meet
Section 728.148
standards
8
D023
9
Wastes that are TC for o-cresol based on Method 1311 (Toxicity Characteristic Leaching
Procedure (TCLP)) in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,”
USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill. Adm. Code
720.111(a).
o-Cresol
95-48-7
0.11 and meet
Section 728.148
standards
8
5.6 and meet
Section 728.148
standards
8
677
D024
9
Wastes that are TC for m-cresol based on Method 1311 (Toxicity Characteristic Leaching
Procedure (TCLP)) in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,”
USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill. Adm. Code
720.111(a).
m-Cresol
(difficult to distinguish from p-
cresol)
108-39-4
0.77 and meet
Section 728.148
standards
8
5.6 and meet
Section 728.148
standards
8
D025
9
Wastes that are TC for p-cresol based on Method 1311 (Toxicity Characteristic Leaching
Procedure (TCLP)) in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,”
USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill. Adm. Code
720.111(a).
p-Cresol
(difficult to distinguish from m-
cresol)
106-44-5
0.77 and meet
Section 728.148
standards
8
5.6 and meet
Section 728.148
standards
8
D026
9
Wastes that are TC for cresols (total) based on Method 1311 (Toxicity Characteristic Leaching
Procedure (TCLP)) in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,”
USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill. Adm. Code
720.111(a).
Cresol-mixed isomers (Cresylic
acid)
(sum of o-, m-, and p-cresol
concentrations)
1319-77-3
0.88 and meet
Section 728.148
standards
8
11.2 and meet
Section 728.148
standards
8
D027
9
Wastes that are TC for p-dichlorobenzene based on Method 1311 (Toxicity Characteristic
Leaching Procedure (TCLP)) in “Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods,” USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill.
Adm. Code 720.111(a).
p-Dichlorobenzene (1,4-
Dichlorobenzene)
106-46-7
0.090 and meet
Section 728.148
standards
8
6.0 and meet
Section 728.148
standards
8
D028
9
Wastes that are TC for 1,2-dichloroethane based on Method 1311 (Toxicity Characteristic
Leaching Procedure (TCLP)) in “Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods,” USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill.
Adm. Code 720.111(a).
1,2-Dichloroethane
107-06-2
0.21 and meet
Section 728.148
standards
8
6.0 and meet
Section 728.148
standards
8
678
D029
9
Wastes that are TC for 1,1-dichloroethylene based on Method 1311 (Toxicity Characteristic
Leaching Procedure (TCLP)) in “Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods,” USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill.
Adm. Code 720.111(a).
1,1-Dichloroethylene
75-35-4
0.025 and meet
Section 728.148
standards
8
6.0 and meet
Section 728.148
standards
8
D030
9
Wastes that are TC for 2,4-dinitrotoluene based on Method 1311 (Toxicity Characteristic
Leaching Procedure (TCLP)) in “Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods,” USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill.
Adm. Code 720.111(a).
2,4-Dinitrotoluene
121-14-2
0.32 and meet
Section 728.148
standards
8
140 and meet
Section 728.148
standards
8
D031
9
Wastes that are TC for heptachlor based on Method 1311 (Toxicity Characteristic Leaching
Procedure (TCLP)) in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,”
USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill. Adm. Code
720.111(a).
Heptachlor
76-44-8
0.0012 and meet
Section 728.148
standards
8
0.066 and meet
Section 728.148
standards
8
Heptachlor epoxide
1024-57-3
0.016 and meet
Section 728.148
standards
8
0.066 and meet
Section 728.148
standards
8
D032
9
Wastes that are TC for hexachlorobenzene based on Method 1311 (Toxicity Characteristic
Leaching Procedure (TCLP)) in “Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods,” USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill.
Adm. Code 720.111(a).
Hexachlorobenzene
118-74-1
0.055 and meet
Section 728.148
standards
8
10 and meet
Section 728.148
standards
8
679
D033
9
Wastes that are TC for hexachlorobutadiene based on Method 1311 (Toxicity Characteristic
Leaching Procedure (TCLP)) in “Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods,” USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill.
Adm. Code 720.111(a).
Hexachlorobutadiene
87-68-3
0.055 and meet
Section 728.148
standards
8
5.6 and meet
Section 728.148
standards
8
D034
9
Wastes that are TC for hexachloroethane based on Method 1311 (Toxicity Characteristic
Leaching Procedure (TCLP)) in “Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods,” USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill.
Adm. Code 720.111(a).
Hexachloroethane
67-72-1
0.055 and meet
Section 728.148
standards
8
30 and meet
Section 728.148
standards
8
D035
9
Wastes that are TC for methyl ethyl ketone based on Method 1311 (Toxicity Characteristic
Leaching Procedure (TCLP)) in “Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods,” USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill.
Adm. Code 720.111(a).
Methyl ethyl ketone
78-93-3
0.28 and meet
Section 728.148
standards
8
36 and meet
Section 728.148
standards
8
D036
9
Wastes that are TC for nitrobenzene based on Method 1311 (Toxicity Characteristic Leaching
Procedure (TCLP)) in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,”
USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill. Adm. Code
720.111(a).
Nitrobenzene
98-95-3
0.068 and meet
Section 728.148
standards
8
14 and meet
Section 728.148
standards
8
D037
9
Wastes that are TC for pentachlorophenol based on Method 1311 (Toxicity Characteristic
Leaching Procedure (TCLP)) in “Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods,” USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill.
Adm. Code 720.111(a).
Pentachlorophenol
87-86-5
0.089 and meet
Section 728.148
standards
8
7.4 and meet
Section 728.148
standards
8
680
D038
9
Wastes that are TC for pyridine based on Method 1311 (Toxicity Characteristic Leaching
Procedure (TCLP)) in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,”
USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill. Adm. Code
720.111(a).
Pyridine
110-86-1
0.014 and meet
Section 728.148
standards
8
16 and meet
Section 728.148
standards
8
D039
9
Wastes that are TC for tetrachloroethylene based on Method 1311 (Toxicity Characteristic
Leaching Procedure (TCLP)) in “Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods,” USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill.
Adm. Code 720.111(a).
Tetrachloroethylene
127-18-4
0.056 and meet
Section 728.148
standards
8
6.0 and meet
Section 728.148
standards
8
D040
9
Wastes that are TC for trichloroethylene based on Method 1311 (Toxicity Characteristic
Leaching Procedure (TCLP)) in “Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods,” USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill.
Adm. Code 720.111(a).
Trichloroethylene
79-01-6
0.054 and meet
Section 728.148
standards
8
6.0 and meet
Section 728.148
standards
8
D041
9
Wastes that are TC for 2,4,5-trichlorophenol based on Method 1311 (Toxicity Characteristic
Leaching Procedure (TCLP)) in “Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods,” USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill.
Adm. Code 720.111(a).
2,4,5-Trichlorophenol
95-95-4
0.18 and meet
Section 728.148
standards
8
7.4 and meet
Section 728.148
standards
8
D042
9
Wastes that are TC for 2,4,6-trichlorophenol based on Method 1311 (Toxicity Characteristic
Leaching Procedure (TCLP)) in “Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods,” USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill.
Adm. Code 720.111(a).
2,4,6-Trichlorophenol
88-06-2
0.035 and meet
Section 728.148
standards
8
7.4 and meet
Section 728.148
standards
8
681
D043
9
Wastes that are TC for vinyl chloride based on Method 1311 (Toxicity Characteristic Leaching
Procedure (TCLP)) in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,”
USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill. Adm. Code
720.111(a).
Vinyl chloride
75-01-4
0.27 and meet
Section 728.148
standards
8
6.0 and meet
Section 728.148
standards
8
F001, F002, F003, F004 & F005
F001, F002, F003, F004, or F005 solvent wastes that contain any combination of one or more of
the following spent solvents: acetone, benzene, n-butyl alcohol, carbon disulfide, carbon tetra-
chloride, chlorinated fluorocarbons, chlorobenzene, o-cresol, m-cresol, p-cresol, cyclohexanone,
o-dichlorobenzene, 2-ethoxyethanol, ethyl acetate, ethyl benzene, ethyl ether, isobutyl alcohol,
methanol, methylene chloride, methyl ethyl ketone, methyl isobutyl ketone, nitrobenzene, 2-
nitropropane, pyridine, tetrachloroethylene, toluene, 1,1,1-trichloroethane, 1,1,2-trichloroethane,
1,1,2-trichloro-1,2,2-trifluoroethane, trichloroethylene, trichloromonofluoromethane, or xylenes
(except as specifically noted in other subcategories). See further details of these listings in 35
Ill. Adm. Code 721.131.
Acetone
67-64-1
0.28
160
Benzene
71-43-2
0.14
10
n-Butyl alcohol
71-36-3
5.6
2.6
Carbon disulfide
75-15-0
3.8
NA
Carbon tetrachloride
56-23-5
0.057
6.0
Chlorobenzene
108-90-7
0.057
6.0
o-Cresol
95-48-7
0.11
5.6
m-Cresol
(difficult to distinguish from p-
cresol)
108-39-4
0.77
5.6
p-Cresol
(difficult to distinguish from m-
cresol)
106-44-5
0.77
5.6
Cresol-mixed isomers (Cresylic
acid)
(sum of o-, m-, and p-cresol
concentrations)
1319-77-3
0.88
11.2
Cyclohexanone
108-94-1
0.36
NA
o-Dichlorobenzene
95-50-1
0.088
6.0
Ethyl acetate
141-78-6
0.34
33
Ethyl benzene
100-41-4
0.057
10
Ethyl ether
60-29-7
0.12
160
Isobutyl alcohol
78-83-1
5.6
170
Methanol
67-56-1
5.6
NA
Methylene chloride
75-9-2
0.089
30
Methyl ethyl ketone
78-93-3
0.28
36
Methyl isobutyl ketone
108-10-1
0.14
33
682
Nitrobenzene
98-95-3
0.068
14
Pyridine
110-86-1
0.014
16
Tetrachloroethylene
127-18-4
0.056
6.0
Toluene
108-88-3
0.080
10
1,1,1-Trichloroethane
71-55-6
0.054
6.0
1,1,2-Trichloroethane
79-00-5
0.054
6.0
1,1,2-Trichloro-1,2,2-trifluoro-
ethane
76-13-1
0.057
30
Trichloroethylene
79-01-6
0.054
6.0
Trichloromonofluoromethane
75-69-4
0.020
30
Xylenes-mixed isomers
(sum of o-, m-, and p-xylene
concentrations)
1330-20-7
0.32
30
F001, F002, F003, F004 & F005
F003 and F005 solvent wastes that contain any combination of one or more of the following
three solvents as the only listed F001 through F005 solvents: carbon disulfide, cyclohexanone,
or methanol. (Formerly Section 728.141(c)).
Carbon disulfide
75-15-0
3.8
4.8 mg/ℓ TCLP
Cyclohexanone
108-94-1
0.36
0.75 mg/ℓ TCLP
Methanol
67-56-1
5.6
0.75 mg/ℓ TCLP
F001, F002, F003, F004 & F005
F005 solvent waste containing 2-Nitropropane as the only listed F001 through F005 solvent.
2-Nitropropane
79-46-9
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
F001, F002, F003, F004 & F005
F005 solvent waste containing 2-Ethoxyethanol as the only listed F001 through F005 solvent.
2-Ethoxyethanol
110-80-5
BIODG; or
CMBST
CMBST
F006
Wastewater treatment sludges from electroplating operations except from the following
processes: (1) Sulfuric acid anodizing of aluminum; (2) tin plating on carbon steel; (3) zinc
plating (segregated basis) on carbon steel; (4) aluminum or zinc-aluminum plating on carbon
steel; (5) cleaning or stripping associated with tin, zinc, and aluminum plating on carbon steel;
and (6) chemical etching and milling of aluminum.
Cadmium
7440-43-9
0.69
0.11 mg/ℓ TCLP
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
Cyanides (Total)
7
57-12-5
1.2
590
Cyanides (Amenable)
7
57-12-5
0.86
30
Lead
7439-92-1
0.69
0.75 mg/ℓ TCLP
Nickel
7440-02-0
3.98
11 mg/ℓ TCLP
683
Silver
7440-22-4
NA
0.14 mg/ℓ TCLP
F007
Spent cyanide plating bath solutions from electroplating operations.
Cadmium
7440-43-9
NA
0.11 mg/ℓ TCLP
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
Cyanides (Total)
7
57-12-5
1.2
590
Cyanides (Amenable)
7
57-12-5
0.86
30
Lead
7439-92-1
0.69
0.75 mg/ℓ TCLP
Nickel
7440-02-0
3.98
11 mg/ℓ TCLP
Silver
7440-22-4
NA
0.14 mg/ℓ TCLP
F008
Plating bath residues from the bottom of plating baths from electroplating operations where
cyanides are used in the process.
Cadmium
7440-43-9
NA
0.11 mg/ℓ TCLP
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
Cyanides (Total)
7
57-12-5
1.2
590
Cyanides (Amenable)
7
57-12-5
0.86
30
Lead
7439-92-1
0.69
0.75 mg/ℓ TCLP
Nickel
7440-02-0
3.98
11 mg/ℓ TCLP
Silver
7440-22-4
NA
0.14 mg/ℓ TCLP
F009
Spent stripping and cleaning bath solutions from electroplating operations where cyanides are
used in the process.
Cadmium
7440-43-9
NA
0.11 mg/ℓ TCLP
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
Cyanides (Total)
7
57-12-5
1.2
590
Cyanides (Amenable)
7
57-12-5
0.86
30
Lead
7439-92-1
0.69
0.75 mg/ℓ TCLP
Nickel
7440-02-0
3.98
11 mg/ℓ TCLP
Silver
7440-22-4
NA
0.14 mg/ℓ TCLP
F010
Quenching bath residues from oil baths from metal heat-treating operations where cyanides are
used in the process.
Cyanides (Total)
7
57-12-5
1.2
590
Cyanides (Amenable)
7
57-12-5
0.86
NA
F011
Spent cyanide solutions from salt bath pot cleaning from metal heat-treating operations.
Cadmium
7440-43-9
NA
0.11 mg/ℓ TCLP
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
Cyanides (Total)
7
57-12-5
1.2
590
Cyanides (Amenable)
7
57-12-5
0.86
30
684
Lead
7439-92-1
0.69
0.75 mg/ℓ TCLP
Nickel
7440-02-0
3.98
11 mg/ℓ TCLP
Silver
7440-22-4
NA
0.14 mg/ℓ TCLP
F012
Quenching wastewater treatment sludges from metal heat-treating operations where cyanides are
used in the process.
Cadmium
7440-43-9
NA
0.11 mg/ℓ TCLP
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
Cyanides (Total)
7
57-12-5
1.2
590
Cyanides (Amenable)
7
57-12-5
0.86
30
Lead
7439-92-1
0.69
0.75 mg/ℓ TCLP
Nickel
7440-02-0
3.98
11 mg/ℓ TCLP
Silver
7440-22-4
NA
0.14 mg/ℓ TCLP
F019
Wastewater treatment sludges from the chemical conversion coating of aluminum, except from
zirconium phosphating in aluminum can washing when such phosphating is an exclusive
conversion coating process.
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
Cyanides (Total)
7
57-12-5
1.2
590
Cyanides (Amenable)
7
57-12-5
0.86
30
F020, F021, F022, F023, F026
Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the
production or manufacturing use (as a reactant, chemical intermediate, or component in a
formulating process) of: (1) tri- or tetrachlorophenol, or of intermediates used to produce their
pesticide derivatives, excluding wastes from the production of Hexachlorophene from highly
purified 2,4,5-trichlorophenol (i.e., F020); (2) pentachlorophenol, or of intermediates used to
produce its derivatives (i.e., F021); (3) tetra-, penta-, or hexachlorobenzenes under alkaline
conditions (i.e., F022) and wastes (except wastewater and spent carbon from hydrogen chloride
purification) from the production of materials on equipment previously used for the production
or manufacturing use (as a reactant, chemical intermediate, or component in a formulating
process) of: (1) tri- or tetrachlorophenols, excluding wastes from equipment used only for the
production of Hexachlorophene from highly purified 2,4,5-trichlorophenol (F023) or (2) tetra-,
penta-, or hexachlorobenzenes under alkaline conditions (i.e., F026).
HxCDDs (All Hexachloro-
dibenzo-p-dioxins)
NA
0.000063
0.001
HxCDFs (All Hexachloro-
dibenzofurans)
55684-94-1
0.000063
0.001
PeCDDs (All Pentachloro-
dibenzo-p-dioxins)
36088-22-9
0.000063
0.001
PeCDFs (All Pentachloro-
dibenzofurans)
30402-15-4
0.000035
0.001
Pentachlorophenol
87-86-5
0.089
7.4
685
TCDDs (All Tetrachloro-
dibenzo-p-dioxins)
41903-57-5
0.000063
0.001
TCDFs (All Tetrachloro-
dibenzofurans)
55722-27-5
0.000063
0.001
2,4,5-Trichlorophenol
95-95-4
0.18
7.4
2,4,6-Trichlorophenol
88-06-2
0.035
7.4
2,3,4,6-Tetrachlorophenol
58-90-2
0.030
7.4
F024
Process wastes, including but not limited to, distillation residues, heavy ends, tars, and reactor
clean-out wastes, from the production of certain chlorinated aliphatic hydrocarbons by free
radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those having carbon
chain lengths ranging from one to and including five, with varying amounts and positions of
chlorine substitution. (This listing does not include wastewaters, wastewater treatment sludges,
spent catalysts, and wastes listed in 35 Ill. Adm. Code 721.131 or 721.132.)
All F024 wastes
NA
CMBST
11
CMBST
11
2-Chloro-1,3-butadiene
126-99-8
0.057
0.28
3-Chloropropylene
107-05-1
0.036
30
1,1-Dichloroethane
75-34-3
0.059
6.0
1,2-Dichloroethane
107-06-2
0.21
6.0
1,2-Dichloropropane
78-87-5
0.85
18
cis-1,3-Dichloropropylene
10061-01-5
0.036
18
trans-1,3-Dichloropropylene
10061-02-6
0.036
18
bis(2-Ethylhexyl) phthalate
117-81-7
0.28
28
Hexachloroethane
67-72-1
0.055
30
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
Nickel
7440-02-0
3.98
11 mg/ℓ TCLP
F025
Condensed light ends from the production of certain chlorinated aliphatic hydrocarbons by free
radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those having carbon
chain lengths ranging from one up to and including five, with varying amounts and positions of
chlorine substitution. F025--Light Ends Subcategory.
Carbon tetrachloride
56-23-5
0.057
6.0
Chloroform
67-66-3
0.046
6.0
1,2-Dichloroethane
107-06-2
0.21
6.0
1,1-Dichloroethylene
75-35-4
0.025
6.0
Methylene chloride
75-9-2
0.089
30
1,1,2-Trichloroethane
79-00-5
0.054
6.0
Trichloroethylene
79-01-6
0.054
6.0
Vinyl chloride
75-01-4
0.27
6.0
F025
Spent filters and filter aids, and spent desiccant wastes from the production of certain chlorinated
aliphatic hydrocarbons by free radical catalyzed processes. These chlorinated aliphatic
hydrocarbons are those having carbon chain lengths ranging from one to and including five, with
686
varying amounts and positions of chlorine substitution. F025--Spent Filters/Aids and Desiccants
Subcategory.
Carbon tetrachloride
56-23-5
0.057
6.0
Chloroform
67-66-3
0.046
6.0
Hexachlorobenzene
118-74-1
0.055
10
Hexachlorobutadiene
87-68-3
0.055
5.6
Hexachloroethane
67-72-1
0.055
30
Methylene chloride
75-9-2
0.089
30
1,1,2-Trichloroethane
79-00-5
0.054
6.0
Trichloroethylene
79-01-6
0.054
6.0
Vinyl chloride
75-01-4
0.27
6.0
F027
Discarded unused formulations containing tri-, tetra-, or pentachlorophenol or discarded unused
formulations containing compounds derived from these chlorophenols. (This listing does not
include formulations containing hexachlorophene synthesized from prepurified 2,4,5-trichloro-
phenol as the sole component.)
HxCDDs (All Hexachloro-
dibenzo-p-dioxins)
NA
0.000063
0.001
HxCDFs (All Hexachloro-
dibenzofurans)
55684-94-1
0.000063
0.001
PeCDDs (All Pentachloro-
dibenzo-p-dioxins)
36088-22-9
0.000063
0.001
PeCDFs (All Pentachloro-
dibenzofurans)
30402-15-4
0.000035
0.001
Pentachlorophenol
87-86-5
0.089
7.4
TCDDs (All Tetrachloro-
dibenzo-p-dioxins)
41903-57-5
0.000063
0.001
TCDFs (All Tetrachloro-
dibenzofurans)
55722-27-5
0.000063
0.001
2,4,5-Trichlorophenol
95-95-4
0.18
7.4
2,4,6-Trichlorophenol
88-06-2
0.035
7.4
2,3,4,6-Tetrachlorophenol
58-90-2
0.030
7.4
F028
Residues resulting from the incineration or thermal treatment of soil contaminated with USEPA
hazardous waste numbers F020, F021, F023, F026, and F027.
HxCDDs (All Hexachloro-
dibenzo-p-dioxins)
NA
0.000063
0.001
HxCDFs (All Hexachloro-
dibenzofurans)
55684-94-1
0.000063
0.001
PeCDDs (All Pentachloro-
dibenzo-p-dioxins)
36088-22-9
0.000063
0.001
PeCDFs (All Pentachloro-
dibenzofurans)
30402-15-4
0.000035
0.001
Pentachlorophenol
87-86-5
0.089
7.4
687
TCDDs (All Tetrachloro-
dibenzo-p-dioxins)
41903-57-5
0.000063
0.001
TCDFs (All Tetrachloro-
dibenzofurans)
55722-27-5
0.000063
0.001
2,4,5-Trichlorophenol
95-95-4
0.18
7.4
2,4,6-Trichlorophenol
88-06-2
0.035
7.4
2,3,4,6-Tetrachlorophenol
58-90-2
0.030
7.4
F032
Wastewaters (except those that have not come into contact with process contaminants), process
residuals, preservative drippage, and spent formulations from wood preserving processes
generated at plants that currently use or have previously used chlorophenolic formulations
(except potentially cross-contaminated wastes that have had the F032 waste code deleted in
accordance with 35 Ill. Adm. Code 721.135 or potentially cross-contaminated wastes that are
otherwise currently regulated as hazardous wastes (i.e., F034 or F035), where the generator does
not resume or initiate use of chlorophenolic formulations). This listing does not include K001
bottom sediment sludge from the treatment of wastewater from wood preserving processes that
use creosote or penta-chlorophenol.
Acenaphthene
83-32-9
0.059
3.4
Anthracene
120-12-7
0.059
3.4
Benz(a)anthracene
56-55-3
0.059
3.4
Benzo(b)fluoranthene (difficult
to distinguish from benzo(k)
fluoranthene)
205-99-2
0.11
6.8
Benzo(k)fluoranthene (difficult
to distinguish from benzo(b)
fluoranthene)
207-08-9
0.11
6.8
Benzo(a)pyrene
50-32-8
0.061
3.4
Chrysene
218-01-9
0.059
3.4
Dibenz(a,h)anthracene
53-70-3
0.055
8.2
2-4-Dimethyl phenol
105-67-9
0.036
14
Fluorene
86-73-7
0.059
3.4
Hexachlorodibenzo-p-dioxins
NA
0.000063 or
CMBST
11
0.001 or CMBST
11
Hexachlorodibenzofurans
NA
0.000063 or
CMBST
11
0.001 or CMBST
11
Indeno (1,2,3-c,d) pyrene
193-39-5
0.0055
3.4
Naphthalene
91-20-3
0.059
5.6
Pentachlorodibenzo-p-dioxins
NA
0.000063 or
CMBST
11
0.001 or CMBST
11
Pentachlorodibenzofurans
NA
0.000035 or
CMBST
11
0.001 or CMBST
11
Pentachlorophenol
87-86-5
0.089
7.4
Phenanthrene
85-01-8
0.059
5.6
Phenol
108-95-2
0.039
6.2
Pyrene
129-00-0
0.067
8.2
688
Tetrachlorodibenzo-p-dioxins
NA
0.000063 or
CMBST
11
0.001 or CMBST
11
Tetrachlorodibenzofurans
NA
0.000063 or
CMBST
11
0.001 or CMBST
11
2,3,4,6-Tetrachlorophenol
58-90-2
0.030
7.4
2,4,6-Trichlorophenol
88-06-2
0.035
7.4
Arsenic
7440-38-2
1.4
5.0 mg/ℓ TCLP
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
F034
Wastewaters (except those that have not come into contact with process contaminants), process
residuals, preservative drippage, and spent formulations from wood preserving processes
generated at plants that use creosote formulations. This listing does not include K001 bottom
sediment sludge from the treatment of wastewater from wood preserving processes that use
creosote or pentachlorophenol.
Acenaphthene
83-32-9
0.059
3.4
Anthracene
120-12-7
0.059
3.4
Benz(a)anthracene
56-55-3
0.059
3.4
Benzo(b)fluoranthene (difficult
to distinguish from
benzo(k)fluoranthene)
205-99-2
0.11
6.8
Benzo(k)fluoranthene (difficult
to distinguish from
benzo(b)fluoranthene)
207-08-9
0.11
6.8
Benzo(a)pyrene
50-32-8
0.061
3.4
Chrysene
218-01-9
0.059
3.4
Dibenz(a,h)anthracene
53-70-3
0.055
8.2
Fluorene
86-73-7
0.059
3.4
Indeno (1,2,3-c,d) pyrene
193-39-5
0.0055
3.4
Naphthalene
91-20-3
0.059
5.6
Phenanthrene
85-01-8
0.059
5.6
Pyrene
129-00-0
0.067
8.2
Arsenic
7440-38-2
1.4
5.0 mg/ℓ TCLP
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
F035
Wastewaters (except those that have not come into contact with process contaminants), process
residuals, preservative drippage, and spent formulations from wood preserving processes that are
generated at plants that use inorganic preservatives containing arsenic or chromium. This listing
does not include K001 bottom sediment sludge from the treatment of wastewater from wood
preserving processes that use creosote or pentachlorophenol.
Arsenic
7440-38-2
1.4
5.0 mg/ℓ TCLP
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
F037
Petroleum refinery primary oil/water/solids separation sludge--Any sludge generated from the
689
gravitational separation of oil/water/solids during the storage or treatment of process
wastewaters and oily cooling wastewaters from petroleum refineries. Such sludges include, but
are not limited to, those generated in: oil/water/solids separators; tanks, and impoundments;
ditches, and other conveyances; sumps; and stormwater units receiving dry weather flow.
Sludge generated in stormwater units that do not receive dry weather flow, sludges generated
from non-contact once-through cooling waters segregated for treatment from other process or
oily cooling waters, sludges generated in aggressive biological treatment units as defined in 35
Ill. Adm. Code 721.131(b)(2) (including sludges generated in one or more additional units after
wastewaters have been treated in aggressive biological treatment units) and K051 wastes are not
included in this listing.
Acenaphthene
83-32-9
0.059
NA
Anthracene
120-12-7
0.059
3.4
Benzene
71-43-2
0.14
10
Benz(a)anthracene
56-55-3
0.059
3.4
Benzo(a)pyrene
50-32-8
0.061
3.4
bis(2-Ethylhexyl) phthalate
117-81-7
0.28
28
Chrysene
218-01-9
0.059
3.4
Di-n-butyl phthalate
84-74-2
0.057
28
Ethylbenzene
100-41-4
0.057
10
Fluorene
86-73-7
0.059
NA
Naphthalene
91-20-3
0.059
5.6
Phenanthrene
85-01-8
0.059
5.6
Phenol
108-95-2
0.039
6.2
Pyrene
129-00-0
0.067
8.2
Toluene
108-88-3
0.080
10
Xylenes-mixed isomers
(sum of o-, m-, and p-xylene
concentrations)
1330-20-7
0.32
30
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
Cyanides (Total)
7
57-12-5
1.2
590
Lead
7439-92-1
0.69
NA
Nickel
7440-02-0
NA
11 mg/ℓ TCLP
F038
Petroleum refinery secondary (emulsified) oil/water/solids separation sludge or float generated
from the physical or chemical separation of oil/water/solids in process wastewaters and oily
cooling wastewaters from petroleum refineries. Such wastes include, but are not limited to, all
sludges and floats generated in: induced air floatation (IAF) units, tanks, and impoundments,
and all sludges generated in DAF units. Sludges generated in stormwater units that do not
receive dry weather flow, sludges generated from non-contact once-through cooling waters
segregated for treatment from other process or oily cooling waters, sludges, and floats generated
in aggressive biological treatment units as defined in 35 Ill. Adm. Code 721.131(b)(2) (including
sludges and floats generated in one or more additional units after wastewaters have been treated
in aggressive biological units) and F037, K048, and K051 are not included in this listing.
Benzene
71-43-2
0.14
10
Benzo(a)pyrene
50-32-8
0.061
3.4
690
bis(2-Ethylhexyl) phthalate
117-81-7
0.28
28
Chrysene
218-01-9
0.059
3.4
Di-n-butyl phthalate
84-74-2
0.057
28
Ethylbenzene
100-41-4
0.057
10
Fluorene
86-73-7
0.059
NA
Naphthalene
91-20-3
0.059
5.6
Phenanthrene
85-01-8
0.059
5.6
Phenol
108-95-2
0.039
6.2
Pyrene
129-00-0
0.067
8.2
Toluene
108-88-3
0.080
10
Xylenes-mixed isomers
(sum of o-, m-, and p-xylene
concentrations)
1330-20-7
0.32
30
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
Cyanides (Total)
7
57-12-5
1.2
590
Lead
7439-92-1
0.69
NA
Nickel
7440-02-0
NA
11 mg/ℓ TCLP
F039
Leachate (liquids that have percolated through land disposed wastes) resulting from the disposal
of more than one restricted waste classified as hazardous under Subpart D of this Part. (Leachate
resulting from the disposal of one or more of the following USEPA hazardous wastes and no
other hazardous wastes retains its USEPA hazardous waste numbers: F020, F021, F022, F026,
F027, or F028.).
Acenaphthylene
208-96-8
0.059
3.4
Acenaphthene
83-32-9
0.059
3.4
Acetone
67-64-1
0.28
160
Acetonitrile
75-05-8
5.6
NA
Acetophenone
96-86-2
0.010
9.7
2-Acetylaminofluorene
53-96-3
0.059
140
Acrolein
107-02-8
0.29
NA
Acrylonitrile
107-13-1
0.24
84
Aldrin
309-00-2
0.021
0.066
4-Aminobiphenyl
92-67-1
0.13
NA
Aniline
62-53-3
0.81
14
o-Anisidine (2-methoxyaniline)
90-04-0
0.010
0.66
Anthracene
120-12-7
0.059
3.4
Aramite
140-57-8
0.36
NA
α-BHC
319-84-6
0.00014
0.066
β-BHC
319-85-7
0.00014
0.066
δ-BHC
319-86-8
0.023
0.066
γ-BHC
58-89-9
0.0017
0.066
Benzene
71-43-2
0.14
10
Benz(a)anthracene
56-55-3
0.059
3.4
691
Benzo(b)fluoranthene (difficult
to distinguish from benzo(k)-
fluoranthene)
205-99-2
0.11
6.8
Benzo(k)fluoranthene (difficult
to distinguish from benzo(b)-
fluoranthene)
207-08-9
0.11
6.8
Benzo(g,h,i)perylene
191-24-2
0.0055
1.8
Benzo(a)pyrene
50-32-8
0.061
3.4
Bromodichloromethane
75-27-4
0.35
15
Methyl bromide (Bromo-
methane)
74-83-9
0.11
15
4-Bromophenyl phenyl ether
101-55-3
0.055
15
n-Butyl alcohol
71-36-3
5.6
2.6
Butyl benzyl phthalate
85-68-7
0.017
28
2-sec-Butyl-4,6-dinitrophenol
(Dinoseb)
88-85-7
0.066
2.5
Carbon disulfide
75-15-0
3.8
NA
Carbon tetrachloride
56-23-5
0.057
6.0
Chlordane (α and
χ
isomers)
57-74-9
0.0033
0.26
p-Chloroaniline
106-47-8
0.46
16
Chlorobenzene
108-90-7
0.057
6.0
Chlorobenzilate
510-15-6
0.10
NA
2-Chloro-1,3-butadiene
126-99-8
0.057
NA
Chlorodibromomethane
124-48-1
0.057
15
Chloroethane
75-00-3
0.27
6.0
bis(2-Chloroethoxy)methane
111-91-1
0.036
7.2
bis(2-Chloroethyl)ether
111-44-4
0.033
6.0
Chloroform
67-66-3
0.046
6.0
bis(2-Chloroisopropyl)ether
39638-32-9
0.055
7.2
p-Chloro-m-cresol
59-50-7
0.018
14
Chloromethane (Methyl
chloride)
74-87-3
0.19
30
2-Chloronaphthalene
91-58-7
0.055
5.6
2-Chlorophenol
95-57-8
0.044
5.7
3-Chloropropylene
107-05-1
0.036
30
Chrysene
218-01-9
0.059
3.4
p-Cresidine
120-71-8
0.010
0.66
o-Cresol
95-48-7
0.11
5.6
m-Cresol
(difficult to distinguish from p-
cresol)
108-39-4
0.77
5.6
p-Cresol
(difficult to distinguish from m-
cresol)
106-44-5
0.77
5.6
Cyclohexanone
108-94-1
0.36
NA
1,2-Dibromo-3-chloropropane
96-12-8
0.11
15
692
Ethylene dibromide (1,2-
Dibromoethane)
106-93-4
0.028
15
Dibromomethane
74-95-3
0.11
15
2,4-D (2,4-Dichlorophenoxy-
acetic acid)
94-75-7
0.72
10
o,p'-DDD
53-19-0
0.023
0.087
p,p'-DDD
72-54-8
0.023
0.087
o,p'-DDE
3424-82-6
0.031
0.087
p,p'-DDE
72-55-9
0.031
0.087
o,p'-DDT
789-02-6
0.0039
0.087
p,p'-DDT
50-29-3
0.0039
0.087
Dibenz(a,h)anthracene
53-70-3
0.055
8.2
Dibenz(a,e)pyrene
192-65-4
0.061
NA
m-Dichlorobenzene
541-73-1
0.036
6.0
o-Dichlorobenzene
95-50-1
0.088
6.0
p-Dichlorobenzene
106-46-7
0.090
6.0
Dichlorodifluoromethane
75-71-8
0.23
7.2
1,1-Dichloroethane
75-34-3
0.059
6.0
1,2-Dichloroethane
107-06-2
0.21
6.0
1,1-Dichloroethylene
75-35-4
0.025
6.0
trans-1,2-Dichloroethylene
156-60-5
0.054
30
2,4-Dichlorophenol
120-83-2
0.044
14
2,6-Dichlorophenol
87-65-0
0.044
14
1,2-Dichloropropane
78-87-5
0.85
18
cis-1,3-Dichloropropylene
10061-01-5
0.036
18
trans-1,3-Dichloropropylene
10061-02-6
0.036
18
Dieldrin
60-57-1
0.017
0.13
2,4-Dimethylaniline (2,4-
xylidine)
95-68-1
0.010
0.66
Diethyl phthalate
84-66-2
0.20
28
2-4-Dimethyl phenol
105-67-9
0.036
14
Dimethyl phthalate
131-11-3
0.047
28
Di-n-butyl phthalate
84-74-2
0.057
28
1,4-Dinitrobenzene
100-25-4
0.32
2.3
4,6-Dinitro-o-cresol
534-52-1
0.28
160
2,4-Dinitrophenol
51-28-5
0.12
160
2,4-Dinitrotoluene
121-14-2
0.32
140
2,6-Dinitrotoluene
606-20-2
0.55
28
Di-n-octyl phthalate
117-84-0
0.017
28
Di-n-propylnitrosamine
621-64-7
0.40
14
1,4-Dioxane
123-91-1
12.0
170
Diphenylamine (difficult to
distinguish from diphenylnitros-
amine)
122-39-4
0.92
NA
693
Diphenylnitrosamine (difficult
to distinguish from diphenyl-
amine)
86-30-6
0.92
NA
1,2-Diphenylhydrazine
122-66-7
0.087
NA
Disulfoton
298-04-4
0.017
6.2
Endosulfan I
939-98-8
0.023
0.066
Endosulfan II
33213-6-5
0.029
0.13
Endosulfan sulfate
1031-07-8
0.029
0.13
Endrin
72-20-8
0.0028
0.13
Endrin aldehyde
7421-93-4
0.025
0.13
Ethyl acetate
141-78-6
0.34
33
Ethyl cyanide (Propanenitrile)
107-12-0
0.24
360
Ethyl benzene
100-41-4
0.057
10
Ethyl ether
60-29-7
0.12
160
bis(2-Ethylhexyl) phthalate
117-81-7
0.28
28
Ethyl methacrylate
97-63-2
0.14
160
Ethylene oxide
75-21-8
0.12
NA
Famphur
52-85-7
0.017
15
Fluoranthene
206-44-0
0.068
3.4
Fluorene
86-73-7
0.059
3.4
Heptachlor
76-44-8
0.0012
0.066
1,2,3,4,6,7,8-Heptachloro-
dibenzo-p-dioxin (1,2,3,4,6,7,8-
HpCDD)
35822-46-9
0.000035
0.0025
1,2,3,4,6,7,8-Heptachloro-
dibenzofuran (1,2,3,4,6,7,8-
HpCDF)
67562-39-4
0.000035
0.0025
1,2,3,4,7,8,9-Heptachloro-
dibenzofuran (1,2,3,4,7,8,9-
HpCDF)
55673-89-7
0.000035
0.0025
Heptachlor epoxide
1024-57-3
0.016
0.066
Hexachlorobenzene
118-74-1
0.055
10
Hexachlorobutadiene
87-68-3
0.055
5.6
Hexachlorocyclopentadiene
77-47-4
0.057
2.4
HxCDDs (All Hexachloro-
dibenzo-p-dioxins)
NA
0.000063
0.001
HxCDFs (All Hexachloro-
dibenzofurans)
55684-94-1
0.000063
0.001
Hexachloroethane
67-72-1
0.055
30
Hexachloropropylene
1888-71-7
0.035
30
Indeno (1,2,3-c,d) pyrene
193-39-5
0.0055
3.4
Iodomethane
74-88-4
0.19
65
Isobutyl alcohol
78-83-1
5.6
170
Isodrin
465-73-6
0.021
0.066
Isosafrole
120-58-1
0.081
2.6
Kepone
143-50-8
0.0011
0.13
694
Methacrylonitrile
126-98-7
0.24
84
Methanol
67-56-1
5.6
NA
Methapyrilene
91-80-5
0.081
1.5
Methoxychlor
72-43-5
0.25
0.18
3-Methylcholanthrene
56-49-5
0.0055
15
4,4-Methylene bis(2-chloro-
aniline)
101-14-4
0.50
30
Methylene chloride
75-09-2
0.089
30
Methyl ethyl ketone
78-93-3
0.28
36
Methyl isobutyl ketone
108-10-1
0.14
33
Methyl methacrylate
80-62-6
0.14
160
Methyl methansulfonate
66-27-3
0.018
NA
Methyl parathion
298-00-0
0.014
4.6
Naphthalene
91-20-3
0.059
5.6
2-Naphthylamine
91-59-8
0.52
NA
p-Nitroaniline
100-01-6
0.028
28
Nitrobenzene
98-95-3
0.068
14
5-Nitro-o-toluidine
99-55-8
0.32
28
p-Nitrophenol
100-02-7
0.12
29
N-Nitrosodiethylamine
55-18-5
0.40
28
N-Nitrosodimethylamine
62-75-9
0.40
NA
N-Nitroso-di-n-butylamine
924-16-3
0.40
17
N-Nitrosomethylethylamine
10595-95-6
0.40
2.3
N-Nitrosomorpholine
59-89-2
0.40
2.3
N-Nitrosopiperidine
100-75-4
0.013
35
N-Nitrosopyrrolidine
930-55-2
0.013
35
1,2,3,4,6,7,8,9-Octachloro-
dibenzo-p-dioxin
(1,2,3,4,6,7,8,9-OCDD)
3268-87-9
0.000063
0.0025
Parathion
56-38-2
0.014
4.6
Total PCBs
(sum of all PCB isomers, or all
Aroclors)
1336-36-3
0.10
10
Pentachlorobenzene
608-93-5
0.055
10
PeCDDs (All Pentachloro-
dibenzo-p-dioxins)
36088-22-9
0.000063
0.001
PeCDFs (All Pentachloro-
dibenzofurans)
30402-15-4
0.000035
0.001
Pentachloronitrobenzene
82-68-8
0.055
4.8
Pentachlorophenol
87-86-5
0.089
7.4
Phenacetin
62-44-2
0.081
16
Phenanthrene
85-01-8
0.059
5.6
Phenol
108-95-2
0.039
6.2
1,3-Phenylenediamine
108-45-2
0.010
0.66
Phorate
298-02-2
0.021
4.6
Phthalic anhydride
85-44-9
0.055
NA
695
Pronamide
23950-58-5
0.093
1.5
Pyrene
129-00-0
0.067
8.2
Pyridine
110-86-1
0.014
16
Safrole
94-59-7
0.081
22
Silvex (2,4,5-TP)
93-72-1
0.72
7.9
2,4,5-T
93-76-5
0.72
7.9
1,2,4,5-Tetrachlorobenzene
95-94-3
0.055
14
TCDDs (All Tetrachloro-
dibenzo-p-dioxins)
41903-57-5
0.000063
0.001
TCDFs (All Tetrachloro-
dibenzofurans)
55722-27-5
0.000063
0.001
1,1,1,2-Tetrachloroethane
630-20-6
0.057
6.0
1,1,2,2-Tetrachloroethane
79-34-6
0.057
6.0
Tetrachloroethylene
127-18-4
0.056
6.0
2,3,4,6-Tetrachlorophenol
58-90-2
0.030
7.4
Toluene
108-88-3
0.080
10
Toxaphene
8001-35-2
0.0095
2.6
Bromoform (Tribromomethane)
75-25-2
0.63
15
1,2,4-Trichlorobenzene
120-82-1
0.055
19
1,1,1-Trichloroethane
71-55-6
0.054
6.0
1,1,2-Trichloroethane
79-00-5
0.054
6.0
Trichloroethylene
79-01-6
0.054
6.0
Trichloromonofluoromethane
75-69-4
0.020
30
2,4,5-Trichlorophenol
95-95-4
0.18
7.4
2,4,6-Trichlorophenol
88-06-2
0.035
7.4
1,2,3-Trichloropropane
96-18-4
0.85
30
1,1,2-Trichloro-1,2,2-trifluoro-
ethane
76-13-1
0.057
30
tris(2,3-Dibromopropyl)
phosphate
126-72-7
0.11
NA
Vinyl chloride
75-01-4
0.27
6.0
Xylenes-mixed isomers
(sum of o-, m-, and p-xylene
concentrations)
1330-20-7
0.32
30
Antimony
7440-36-0
1.9
1.15 mg/ℓ TCLP
Arsenic
7440-38-2
1.4
5.0 mg/ℓ TCLP
Barium
7440-39-3
1.2
21 mg/ℓ TCLP
Beryllium
7440-41-7
0.82
NA
Cadmium
7440-43-9
0.69
0.11 mg/ℓ TCLP
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
Cyanides (Total)
7
57-12-5
1.2
590
Cyanides (Amenable)
7
57-12-5
0.86
NA
Fluoride
16964-48-8
35
NA
Lead
7439-92-1
0.69
0.75 mg/ℓ TCLP
Mercury
7439-97-6
0.15
0.025 mg/ℓ TCLP
Nickel
7440-02-0
3.98
11 mg/ℓ TCLP
696
Selenium
7782-49-2
0.82
5.7 mg/ℓ TCLP
Silver
7440-22-4
0.43
0.14 mg/ℓ TCLP
Sulfide
8496-25-8
14
NA
Thallium
7440-28-0
1.4
NA
Vanadium
7440-62-2
4.3
NA
K001
Bottom sediment sludge from the treatment of wastewaters from wood preserving processes that
use creosote or pentachlorophenol.
Naphthalene
91-20-3
0.059
5.6
Pentachlorophenol
87-86-5
0.089
7.4
Phenanthrene
85-01-8
0.059
5.6
Pyrene
129-00-0
0.067
8.2
Toluene
108-88-3
0.080
10
Xylenes-mixed isomers
(sum of o-, m-, and p-xylene
concentrations)
1330-20-7
0.32
30
Lead
7439-92-1
0.69
0.75 mg/ℓ TCLP
K002
Wastewater treatment sludge from the production of chrome yellow and orange pigments.
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
Lead
7439-92-1
0.69
0.75 mg/ℓ TCLP
K003
Wastewater treatment sludge from the production of molybdate orange pigments.
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
Lead
7439-92-1
0.69
0.75 mg/ℓ TCLP
K004
Wastewater treatment sludge from the production of zinc yellow pigments.
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
Lead
7439-92-1
0.69
0.75 mg/ℓ TCLP
K005
Wastewater treatment sludge from the production of chrome green pigments.
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
Lead
7439-92-1
0.69
0.75 mg/ℓ TCLP
Cyanides (Total)
7
57-12-5
1.2
590
K006
Wastewater treatment sludge from the production of chrome oxide green pigments (anhydrous).
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
Lead
7439-92-1
0.69
0.75 mg/ℓ TCLP
697
K006
Wastewater treatment sludge from the production of chrome oxide green pigments (hydrated).
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
Lead
7439-92-1
0.69
NA
K007
Wastewater treatment sludge from the production of iron blue pigments.
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
Lead
7439-92-1
0.69
0.75 mg/ℓ TCLP
Cyanides (Total)
7
57-12-5
1.2
590
K008
Oven residue from the production of chrome oxide green pigments.
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
Lead
7439-92-1
0.69
0.75 mg/ℓ TCLP
K009
Distillation bottoms from the production of acetaldehyde from ethylene.
Chloroform
67-66-3
0.046
6.0
K010
Distillation side cuts from the production of acetaldehyde from ethylene.
Chloroform
67-66-3
0.046
6.0
K011
Bottom stream from the wastewater stripper in the production of acrylonitrile.
Acetonitrile
75-05-8
5.6
38
Acrylonitrile
107-13-1
0.24
84
Acrylamide
79-06-1
19
23
Benzene
71-43-2
0.14
10
Cyanide (Total)
57-12-5
1.2
590
K013
Bottom stream from the acetonitrile column in the production of acrylonitrile.
Acetonitrile
75-05-8
5.6
38
Acrylonitrile
107-13-1
0.24
84
Acrylamide
79-06-1
19
23
Benzene
71-43-2
0.14
10
Cyanide (Total)
57-12-5
1.2
590
K014
Bottoms from the acetonitrile purification column in the production of acrylonitrile.
Acetonitrile
75-05-8
5.6
38
Acrylonitrile
107-13-1
0.24
84
Acrylamide
79-06-1
19
23
Benzene
71-43-2
0.14
10
698
Cyanide (Total)
57-12-5
1.2
590
K015
Still bottoms from the distillation of benzyl chloride.
Anthracene
120-12-7
0.059
3.4
Benzal chloride
98-87-3
0.055
6.0
Benzo(b)fluoranthene (difficult
to distinguish from benzo(k)-
fluoranthene)
205-99-2
0.11
6.8
Benzo(k)fluoranthene (difficult
to distinguish from benzo(b)-
fluoranthene)
207-08-9
0.11
6.8
Phenanthrene
85-01-8
0.059
5.6
Toluene
108-88-3
0.080
10
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
Nickel
7440-02-0
3.98
11 mg/ℓ TCLP
K016
Heavy ends or distillation residues from the production of carbon tetrachloride.
Hexachlorobenzene
118-74-1
0.055
10
Hexachlorobutadiene
87-68-3
0.055
5.6
Hexachlorocyclopentadiene
77-47-4
0.057
2.4
Hexachloroethane
67-72-1
0.055
30
Tetrachloroethylene
127-18-4
0.056
6.0
K017
Heavy ends (still bottoms) from the purification column in the production of epichlorohydrin.
bis(2-Chloroethyl)ether
111-44-4
0.033
6.0
1,2-Dichloropropane
78-87-5
0.85
18
1,2,3-Trichloropropane
96-18-4
0.85
30
K018
Heavy ends from the fractionation column in ethyl chloride production.
Chloroethane
75-00-3
0.27
6.0
Chloromethane
74-87-3
0.19
NA
1,1-Dichloroethane
75-34-3
0.059
6.0
1,2-Dichloroethane
107-06-2
0.21
6.0
Hexachlorobenzene
118-74-1
0.055
10
Hexachlorobutadiene
87-68-3
0.055
5.6
Hexachloroethane
67-72-1
0.055
30
Pentachloroethane
76-01-7
NA
6.0
1,1,1-Trichloroethane
71-55-6
0.054
6.0
K019
Heavy ends from the distillation of ethylene dichloride in ethylene dichloride production.
bis(2-Chloroethyl)ether
111-44-4
0.033
6.0
699
Chlorobenzene
108-90-7
0.057
6.0
Chloroform
67-66-3
0.046
6.0
p-Dichlorobenzene
106-46-7
0.090
NA
1,2-Dichloroethane
107-06-2
0.21
6.0
Fluorene
86-73-7
0.059
NA
Hexachloroethane
67-72-1
0.055
30
Naphthalene
91-20-3
0.059
5.6
Phenanthrene
85-01-8
0.059
5.6
1,2,4,5-Tetrachlorobenzene
95-94-3
0.055
NA
Tetrachloroethylene
127-18-4
0.056
6.0
1,2,4-Trichlorobenzene
120-82-1
0.055
19
1,1,1-Trichloroethane
71-55-6
0.054
6.0
K020
Heavy ends from the distillation of vinyl chloride in vinyl chloride monomer production.
1,2-Dichloroethane
107-06-2
0.21
6.0
1,1,2,2-Tetrachloroethane
79-34-6
0.057
6.0
Tetrachloroethylene
127-18-4
0.056
6.0
K021
Aqueous spent antimony catalyst waste from fluoromethanes production.
Carbon tetrachloride
56-23-5
0.057
6.0
Chloroform
67-66-3
0.046
6.0
Antimony
7440-36-0
1.9
1.15 mg/ℓ TCLP
K022
Distillation bottom tars from the production of phenol or acetone from cumene.
Toluene
108-88-3
0.080
10
Acetophenone
96-86-2
0.010
9.7
Diphenylamine (difficult to
distinguish from diphenylnitros-
amine)
122-39-4
0.92
13
Diphenylnitrosamine (difficult
to distinguish from diphenyl-
amine)
86-30-6
0.92
13
Phenol
108-95-2
0.039
6.2
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
Nickel
7440-02-0
3.98
11 mg/ℓ TCLP
K023
Distillation light ends from the production of phthalic anhydride from naphthalene.
Phthalic anhydride (measured as
Phthalic acid or Terephthalic
acid)
100-21-0
0.055
28
700
Phthalic anhydride (measured as
Phthalic acid or Terephthalic
acid)
85-44-9
0.055
28
K024
Distillation bottoms from the production of phthalic anhydride from naphthalene.
Phthalic anhydride (measured as
Phthalic acid or Terephthalic
acid)
100-21-0
0.055
28
Phthalic anhydride (measured as
Phthalic acid or Terephthalic
acid)
85-44-9
0.055
28
K025
Distillation bottoms from the production of nitrobenzene by the nitration of benzene.
NA
NA
LLEXT fb SSTRP
fb CARBN; or
CMBST
CMBST
K026
Stripping still tails from the production of methyl ethyl pyridines.
NA
NA
CMBST
CMBST
K027
Centrifuge and distillation residues from toluene diisocyanate production.
NA
NA
CARBN; or
CMBST
CMBST
K028
Spent catalyst from the hydrochlorinator reactor in the production of 1,1,1-trichloroethane.
1,1-Dichloroethane
75-34-3
0.059
6.0
trans-1,2-Dichloroethylene
156-60-5
0.054
30
Hexachlorobutadiene
87-68-3
0.055
5.6
Hexachloroethane
67-72-1
0.055
30
Pentachloroethane
76-01-7
NA
6.0
1,1,1,2-Tetrachloroethane
630-20-6
0.057
6.0
1,1,2,2-Tetrachloroethane
79-34-6
0.057
6.0
Tetrachloroethylene
127-18-4
0.056
6.0
1,1,1-Trichloroethane
71-55-6
0.054
6.0
1,1,2-Trichloroethane
79-00-5
0.054
6.0
Cadmium
7440-43-9
0.69
NA
Chromium(Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
Lead
7439-92-1
0.69
0.75 mg/ℓ TCLP
Nickel
7440-02-0
3.98
11 mg/ℓ TCLP
701
K029
Waste from the product steam stripper in the production of 1,1,1-trichloroethane.
Chloroform
67-66-3
0.046
6.0
1,2-Dichloroethane
107-06-2
0.21
6.0
1,1-Dichloroethylene
75-35-4
0.025
6.0
1,1,1-Trichloroethane
71-55-6
0.054
6.0
Vinyl chloride
75-01-4
0.27
6.0
K030
Column bodies or heavy ends from the combined production of trichloroethylene and perchloro-
ethylene.
o-Dichlorobenzene
95-50-1
0.088
NA
p-Dichlorobenzene
106-46-7
0.090
NA
Hexachlorobutadiene
87-68-3
0.055
5.6
Hexachloroethane
67-72-1
0.055
30
Hexachloropropylene
1888-71-7
NA
30
Pentachlorobenzene
608-93-5
NA
10
Pentachloroethane
76-01-7
NA
6.0
1,2,4,5-Tetrachlorobenzene
95-94-3
0.055
14
Tetrachloroethylene
127-18-4
0.056
6.0
1,2,4-Trichlorobenzene
120-82-1
0.055
19
K031
By-product salts generated in the production of MSMA and cacodylic acid.
Arsenic
7440-38-2
1.4
5.0 mg/ℓ TCLP
K032
Wastewater treatment sludge from the production of chlordane.
Hexachlorocyclopentadiene
77-47-4
0.057
2.4
Chlordane (α and
γ
isomers)
57-74-9
0.0033
0.26
Heptachlor
76-44-8
0.0012
0.066
Heptachlor epoxide
1024-57-3
0.016
0.066
K033
Wastewater and scrub water from the chlorination of cyclopentadiene in the production of
chlordane.
Hexachlorocyclopentadiene
77-47-4
0.057
2.4
K034
Filter solids from the filtration of hexachlorocyclopentadiene in the production of chlordane.
Hexachlorocyclopentadiene
77-47-4
0.057
2.4
K035
Wastewater treatment sludges generated in the production of creosote.
Acenaphthene
83-32-9
NA
3.4
Anthracene
120-12-7
NA
3.4
702
Benz(a)anthracene
56-55-3
0.059
3.4
Benzo(a)pyrene
50-32-8
0.061
3.4
Chrysene
218-01-9
0.059
3.4
o-Cresol
95-48-7
0.11
5.6
m-Cresol
(difficult to distinguish from p-
cresol)
108-39-4
0.77
5.6
p-Cresol
(difficult to distinguish from m-
cresol)
106-44-5
0.77
5.6
Dibenz(a,h)anthracene
53-70-3
NA
8.2
Fluoranthene
206-44-0
0.068
3.4
Fluorene
86-73-7
NA
3.4
Indeno(1,2,3-cd)pyrene
193-39-5
NA
3.4
Naphthalene
91-20-3
0.059
5.6
Phenanthrene
85-01-8
0.059
5.6
Phenol
108-95-2
0.039
6.2
Pyrene
129-00-0
0.067
8.2
K036
Still bottoms from toluene reclamation distillation in the production of disulfoton.
Disulfoton
298-04-4
0.017
6.2
K037
Wastewater treatment sludges from the production of disulfoton.
Disulfoton
298-04-4
0.017
6.2
Toluene
108-88-3
0.080
10
K038
Wastewater from the washing and stripping of phorate production.
Phorate
298-02-2
0.021
4.6
K039
Filter cake from the filtration of diethylphosphorodithioic acid in the production of phorate.
NA
NA
CARBN; or
CMBST
CMBST
K040
Wastewater treatment sludge from the production of phorate.
Phorate
298-02-2
0.021
4.6
K041
Wastewater treatment sludge from the production of toxaphene.
Toxaphene
8001-35-2
0.0095
2.6
703
K042
Heavy ends or distillation residues from the distillation of tetrachlorobenzene in the production
of 2,4,5-T.
o-Dichlorobenzene
95-50-1
0.088
6.0
p-Dichlorobenzene
106-46-7
0.090
6.0
Pentachlorobenzene
608-93-5
0.055
10
1,2,4,5-Tetrachlorobenzene
95-94-3
0.055
14
1,2,4-Trichlorobenzene
120-82-1
0.055
19
K043
2,6-Dichlorophenol waste from the production of 2,4-D.
2,4-Dichlorophenol
120-83-2
0.044
14
2,6-Dichlorophenol
187-65-0
0.044
14
2,4,5-Trichlorophenol
95-95-4
0.18
7.4
2,4,6-Trichlorophenol
88-06-2
0.035
7.4
2,3,4,6-Tetrachlorophenol
58-90-2
0.030
7.4
Pentachlorophenol
87-86-5
0.089
7.4
Tetrachloroethylene
127-18-4
0.056
6.0
HxCDDs (All Hexachloro-
dibenzo-p-dioxins)
NA
0.000063
0.001
HxCDFs (All Hexachloro-
dibenzofurans)
55684-94-1
0.000063
0.001
PeCDDs (All Pentachloro-
dibenzo-p-dioxins)
36088-22-9
0.000063
0.001
PeCDFs (All Pentachloro-
dibenzofurans)
30402-15-4
0.000035
0.001
TCDDs (All Tetrachloro-
dibenzo-p-dioxins)
41903-57-5
0.000063
0.001
TCDFs (All Tetrachloro-
dibenzofurans)
55722-27-5
0.000063
0.001
K044
Wastewater treatment sludges from the manufacturing and processing of explosives.
NA
NA
DEACT
DEACT
K045
Spent carbon from the treatment of wastewater containing explosives.
NA
NA
DEACT
DEACT
K046
Wastewater treatment sludges from the manufacturing, formulation and loading of lead-based
initiating compounds.
Lead
7439-92-1
0.69
0.75 mg/ℓ TCLP
704
K047
Pink or red water from TNT operations.
NA
NA
DEACT
DEACT
K048
Dissolved air flotation (DAF) float from the petroleum refining industry.
Benzene
71-43-2
0.14
10
Benzo(a)pyrene
50-32-8
0.061
3.4
bis(2-Ethylhexyl) phthalate
117-81-7
0.28
28
Chrysene
218-01-9
0.059
3.4
Di-n-butyl phthalate
84-74-2
0.057
28
Ethylbenzene
100-41-4
0.057
10
Fluorene
86-73-7
0.059
NA
Naphthalene
91-20-3
0.059
5.6
Phenanthrene
85-01-8
0.059
5.6
Phenol
108-95-2
0.039
6.2
Pyrene
129-00-0
0.067
8.2
Toluene
108-88-33
0.080
10
Xylenes-mixed isomers
(sum of o-, m-, and p-xylene
concentrations)
1330-20-7
0.32
30
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
Cyanides (Total)
7
57-12-5
1.2
590
Lead
7439-92-1
0.69
NA
Nickel
7440-02-0
NA
11 mg/ℓ TCLP
K049
Slop oil emulsion solids from the petroleum refining industry.
Anthracene
120-12-7
0.059
3.4
Benzene
71-43-2
0.14
10
Benzo(a)pyrene
50-32-8
0.061
3.4
bis(2-Ethylhexyl) phthalate
117-81-7
0.28
28
Carbon disulfide
75-15-0
3.8
NA
Chrysene
2218-01-9
0.059
3.4
2,4-Dimethylphenol
105-67-9
0.036
NA
Ethylbenzene
100-41-4
0.057
10
Naphthalene
91-20-3
0.059
5.6
Phenanthrene
85-01-8
0.059
5.6
Phenol
108-95-2
0.039
6.2
Pyrene
129-00-0
0.067
8.2
Toluene
108-88-3
0.080
10
Xylenes-mixed isomers
(sum of o-, m-, and p-xylene
concentrations)
1330-20-7
0.32
30
Cyanides (Total)
7
57-12-5
1.2
590
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
705
Lead
7439-92-1
0.69
NA
Nickel
7440-02-0
NA
11 mg/ℓ TCLP
K050
Heat exchanger bundle cleaning sludge from the petroleum refining industry.
Benzo(a)pyrene
50-32-8
0.061
3.4
Phenol
108-95-2
0.039
6.2
Cyanides (Total)
7
57-12-5
1.2
590
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
Lead
7439-92-1
0.69
NA
Nickel
7440-02-0
NA
11 mg/ℓ TCLP
K051
API separator sludge from the petroleum refining industry.
Acenaphthene
83-32-9
0.059
NA
Anthracene
120-12-7
0.059
3.4
Benz(a)anthracene
56-55-3
0.059
3.4
Benzene
71-43-2
0.14
10
Benzo(a)pyrene
50-32-8
0.061
3.4
bis(2-Ethylhexyl) phthalate
117-81-7
0.28
28
Chrysene
2218-01-9
0.059
3.4
Di-n-butyl phthalate
105-67-9
0.057
28
Ethylbenzene
100-41-4
0.057
10
Fluorene
86-73-7
0.059
NA
Naphthalene
91-20-3
0.059
5.6
Phenanthrene
85-01-8
0.059
5.6
Phenol
108-95-2
0.039
6.2
Pyrene
129-00-0
0.067
8.2
Toluene
108-88-3
0.08
10
Xylenes-mixed isomers
(sum of o-, m-, and p-xylene
concentrations)
1330-20-7
0.32
30
Cyanides (Total)
7
57-12-5
1.2
590
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
Lead
7439-92-1
0.69
NA
Nickel
7440-02-0
NA
11 mg/ℓ TCLP
K052
Tank bottoms (leaded) from the petroleum refining industry.
Benzene
71-43-2
0.14
10
Benzo(a)pyrene
50-32-8
0.061
3.4
o-Cresol
95-48-7
0.11
5.6
m-Cresol
(difficult to distinguish from p-
cresol)
108-39-4
0.77
5.6
706
p-Cresol
(difficult to distinguish from m-
cresol)
106-44-5
0.77
5.6
2,4-Dimethylphenol
105-67-9
0.036
NA
Ethylbenzene
100-41-4
0.057
10
Naphthalene
91-20-3
0.059
5.6
Phenanthrene
85-01-8
0.059
5.6
Phenol
108-95-2
0.039
6.2
Toluene
108-88-3
0.08
10
Xylenes-mixed isomers
(sum of o-, m-, and p-xylene
concentrations)
1330-20-7
0.32
30
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
Cyanides (Total)
7
57-12-5
1.2
590
Lead
7439-92-1
0.69
NA
Nickel
7440-02-0
NA
11 mg/ℓ TCLP
K060
Ammonia still lime sludge from coking operations.
Benzene
71-43-2
0.14
10
Benzo(a)pyrene
50-32-8
0.061
3.4
Naphthalene
91-20-3
0.059
5.6
Phenol
108-95-2
0.039
6.2
Cyanides (Total)
7
57-12-5
1.2
590
K061
Emission control dust or sludge from the primary production of steel in electric furnaces.
Antimony
7440-36-0
NA
1.15 mg/ℓ TCLP
Arsenic
7440-38-2
NA
5.0 mg/ℓ TCLP
Barium
7440-39-3
NA
21 mg/ℓ TCLP
Beryllium
7440-41-7
NA
1.22 mg/ℓ TCLP
Cadmium
7440-43-9
0.69
0.11 mg/ℓ TCLP
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
Lead
7439-92-1
0.69
0.75 mg/ℓ TCLP
Mercury
7439-97-6
NA
0.025 mg/ℓ TCLP
Nickel
7440-02-0
3.98
11 mg/ℓ TCLP
Selenium
7782-49-2
NA
5.7 mg/ℓ TCLP
Silver
7440-22-4
NA
0.14 mg/ℓ TCLP
Thallium
7440-28-0
NA
0.20 mg/ℓ TCLP
Zinc
7440-66-6
NA
4.3 mg/ℓ TCLP
K062
Spent pickle liquor generated by steel finishing operations of facilities within the iron and steel
industry (SIC Codes 331 and 332).
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
Lead
7439-92-1
0.69
0.75 mg/ℓ TCLP
707
Nickel
7440-02-0
3.98
NA
K069
Emission control dust or sludge from secondary lead smelting - Calcium sulfate (Low Lead)
Subcategory.
Cadmium
7440-43-9
0.69
0.11 mg/ℓ TCLP
Lead
7439-92-1
0.69
0.75 mg/ℓ TCLP
K069
Emission control dust or sludge from secondary lead smelting - Non-Calcium sulfate (High
Lead) Subcategory.
NA
NA
NA
RLEAD
K071
K071 (Brine purification muds from the mercury cell process in chlorine production, where
separately prepurified brine is not used) nonwastewaters that are residues from RMERC.
Mercury
7439-97-6
NA
0.20 mg/ℓ TCLP
K071
K071 (Brine purification muds from the mercury cell process in chlorine production, where
separately prepurified brine is not used) nonwastewaters that are not residues from RMERC.
Mercury
7439-97-6
NA
0.025 mg/ℓ TCLP
K071
All K071 wastewaters.
Mercury
7439-97-6
0.15
NA
K073
Chlorinated hydrocarbon waste from the purification step of the diaphragm cell process using
graphite anodes in chlorine production.
Carbon tetrachloride
56-23-5
0.057
6.0
Chloroform
67-66-3
0.046
6.0
Hexachloroethane
67-72-1
0.055
30
Tetrachloroethylene
127-18-4
0.056
6.0
1,1,1-Trichloroethane
71-55-6
0.054
6.0
K083
Distillation bottoms from aniline production.
Aniline
62-53-3
0.81
14
Benzene
71-43-2
0.14
10
Cyclohexanone
108-94-1
0.36
NA
Diphenylamine
(difficult to distinguish from
diphenylnitrosamine)
122-39-4
0.92
13
708
Diphenylnitrosamine (difficult
to distinguish from diphenyl-
amine)
86-30-6
0.92
13
Nitrobenzene
98-95-3
0.068
14
Phenol
108-95-2
0.039
6.2
Nickel
7440-02-0
3.98
11 mg/ℓ TCLP
K084
Wastewater treatment sludges generated during the production of veterinary pharmaceuticals
from arsenic or organo-arsenic compounds.
Arsenic
7440-38-2
1.4
5.0 mg/ℓ TCLP
K085
Distillation or fractionation column bottoms from the production of chlorobenzenes.
Benzene
71-43-2
0.14
10
Chlorobenzene
108-90-7
0.057
6.0
m-Dichlorobenzene
541-73-1
0.036
6.0
o-Dichlorobenzene
95-50-1
0.088
6.0
p-Dichlorobenzene
106-46-7
0.090
6.0
Hexachlorobenzene
118-74-1
0.055
10
Total PCBs
(sum of all PCB isomers, or all
Aroclors)
1336-36-3
0.10
10
Pentachlorobenzene
608-93-5
0.055
10
1,2,4,5-Tetrachlorobenzene
95-94-3
0.055
14
1,2,4-Trichlorobenzene
120-82-1
0.055
19
K086
Solvent wastes and sludges, caustic washes and sludges, or water washes and sludges from
cleaning tubs and equipment used in the formulation of ink from pigments, driers, soaps, and
stabilizers containing chromium and lead.
Acetone
67-64-1
0.28
160
Acetophenone
96-86-2
0.010
9.7
bis(2-Ethylhexyl) phthalate
117-81-7
0.28
28
n-Butyl alcohol
71-36-3
5.6
2.6
Butylbenzyl phthalate
85-68-7
0.017
28
Cyclohexanone
108-94-1
0.36
NA
o-Dichlorobenzene
95-50-1
0.088
6.0
Diethyl phthalate
84-66-2
0.20
28
Dimethyl phthalate
131-11-3
0.047
28
Di-n-butyl phthalate
84-74-2
0.057
28
Di-n-octyl phthalate
117-84-0
0.017
28
Ethyl acetate
141-78-6
0.34
33
Ethylbenzene
100-41-4
0.057
10
Methanol
67-56-1
5.6
NA
Methyl ethyl ketone
78-93-3
0.28
36
709
Methyl isobutyl ketone
108-10-1
0.14
33
Methylene chloride
75-09-2
0.089
30
Naphthalene
91-20-3
0.059
5.6
Nitrobenzene
98-95-3
0.068
14
Toluene
108-88-3
0.080
10
1,1,1-Trichloroethane
71-55-6
0.054
6.0
Trichloroethylene
79-01-6
0.054
6.0
Xylenes-mixed isomers
(sum of o-, m-, and p-xylene
concentrations)
1330-20-7
0.32
30
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
Cyanides (Total)
7
57-12-5
1.2
590
Lead
7439-92-1
0.69
0.75 mg/ℓ TCLP
K087
Decanter tank tar sludge from coking operations.
Acenaphthylene
208-96-8
0.059
3.4
Benzene
71-43-2
0.14
10
Chrysene
218-01-9
0.059
3.4
Fluoranthene
206-44-0
0.068
3.4
Indeno(1,2,3-cd)pyrene
193-39-5
0.0055
3.4
Naphthalene
91-20-3
0.059
5.6
Phenanthrene
85-01-8
0.059
5.6
Toluene
108-88-3
0.080
10
Xylenes-mixed isomers
(sum of o-, m-, and p-xylene
concentrations)
1330-20-7
0.32
30
Lead
7439-92-1
0.69
0.75 mg/ℓ TCLP
K088
Spent potliners from primary aluminum reduction.
Acenaphthene
83-32-9
0.059
3.4
Anthracene
120-12-7
0.059
3.4
Benz(a)anthracene
56-55-3
0.059
3.4
Benzo(a)pyrene
50-32-8
0.061
3.4
Benzo(b)fluoranthene
205-99-2
0.11
6.8
Benzo(k)fluoranthene
207-08-9
0.11
6.8
Benzo(g,h,i)perylene
191-24-2
0.0055
1.8
Chrysene
218-01-9
0.059
3.4
Dibenz(a,h)anthracene
53-70-3
0.055
8.2
Fluoranthene
206-44-0
0.068
3.4
Indeno(1,2,3-c,d)pyrene
Indeno(1,2,3-cd)pyrene
193-39-5
0.0055
3.4
Phenanthrene
85-01-8
0.059
5.6
Pyrene
129-00-0
0.067
8.2
Antimony
7440-36-0
1.9
1.15 mg/ℓ TCLP
710
Arsenic
7440-38-2
1.4
26.1 mg/ℓ
Barium
7440-39-3
1.2
21 mg/ℓ TCLP
Beryllium
7440-41-7
0.82
1.22 mg/ℓ TCLP
Cadmium
7440-43-9
0.69
0.11 mg/ℓ TCLP
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
Lead
7439-92-1
0.69
0.75 mg/ℓ TCLP
Mercury
7439-97-6
0.15
0.025 mg/ℓ TCLP
Nickel
7440-02-0
3.98
11 mg/ℓ TCLP
Selenium
7782-49-2
0.82
5.7 mg/ℓ TCLP
Silver
7440-22-4
0.43
0.14 mg/ℓ TCLP
Cyanide (Total)
7
57-12-5
1.2
590
Cyanide (Amenable)
7
57-12-5
0.86
30
Fluoride
16984-48-8
35
NA
K093
Distillation light ends from the production of phthalic anhydride from ortho-xylene.
Phthalic anhydride (measured as
Phthalic acid or Terephthalic
acid)
100-21-0
0.055
28
Phthalic anhydride (measured as
Phthalic acid or Terephthalic
acid)
85-44-9
0.055
28
K094
Distillation bottoms from the production of phthalic anhydride from ortho-xylene.
Phthalic anhydride (measured as
Phthalic acid or Terephthalic
acid)
100-21-0
0.055
28
Phthalic anhydride (measured as
Phthalic acid or Terephthalic
acid)
85-44-9
0.055
28
K095
Distillation bottoms from the production of 1,1,1-trichloroethane.
Hexachloroethane
67-72-1
0.055
30
Pentachloroethane
76-01-7
0.055
6.0
1,1,1,2-Tetrachloroethane
630-20-6
0.057
6.0
1,1,2,2-Tetrachloroethane
79-34-6
0.057
6.0
Tetrachloroethylene
127-18-4
0.056
6.0
1,1,2-Trichloroethane
79-00-5
0.054
6.0
Trichloroethylene
79-01-6
0.054
6.0
K096
Heavy ends from the heavy ends column from the production of 1,1,1-trichloroethane.
m-Dichlorobenzene
541-73-1
0.036
6.0
Pentachloroethane
76-01-7
0.055
6.0
711
1,1,1,2-Tetrachloroethane
630-20-6
0.057
6.0
1,1,2,2-Tetrachloroethane
79-34-6
0.057
6.0
Tetrachloroethylene
127-18-4
0.056
6.0
1,2,4-Trichlorobenzene
120-82-1
0.055
19
1,1,2-Trichloroethane
79-00-5
0.054
6.0
Trichloroethylene
79-01-6
0.054
6.0
K097
Vacuum stripper discharge from the chlordane chlorinator in the production of chlordane.
Chlordane (α and
χ
isomers)
57-74-9
0.0033
0.26
Heptachlor
76-44-8
0.0012
0.066
Heptachlor epoxide
1024-57-3
0.016
0.066
Hexachlorocyclopentadiene
77-47-4
0.057
2.4
K098
Untreated process wastewater from the production of toxaphene.
Toxaphene
8001-35-2
0.0095
2.6
K099
Untreated wastewater from the production of 2,4-D.
2,4-Dichlorophenoxyacetic acid
94-75-7
0.72
10
HxCDDs (All Hexachloro-
dibenzo-p-dioxins)
NA
0.000063
0.001
HxCDFs (All Hexachloro-
dibenzofurans)
55684-94-1
0.000063
0.001
PeCDDs (All Pentachloro-
dibenzo-p-dioxins)
36088-22-9
0.000063
0.001
PeCDFs (All Pentachloro-
dibenzofurans)
30402-15-4
0.000035
0.001
TCDDs (All Tetrachloro-
dibenzo-p-dioxins)
41903-57-5
0.000063
0.001
TCDFs (All Tetrachloro-
dibenzofurans)
55722-27-5
0.000063
0.001
K100
Waste leaching solution from acid leaching of emission control dust or sludge from secondary
lead smelting.
Cadmium
7440-43-9
0.69
0.11 mg/ℓ TCLP
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
Lead
7439-92-1
0.69
0.75 mg/ℓ TCLP
K101
Distillation tar residues from the distillation of aniline-based compounds in the production of
veterinary pharmaceuticals from arsenic or organo-arsenic compounds.
o-Nitroaniline
88-74-4
0.27
14
Arsenic
7440-38-2
1.4
5.0 mg/ℓ TCLP
712
Cadmium
7440-43-9
0.69
NA
Lead
7439-92-1
0.69
NA
Mercury
7439-97-6
0.15
NA
K102
Residue from the use of activated carbon for decolorization in the production of veterinary
pharmaceuticals from arsenic or organo-arsenic compounds.
o-Nitrophenol
88-75-5
0.028
13
Arsenic
7440-38-2
1.4
5.0 mg/ℓ TCLP
Cadmium
7440-43-9
0.69
NA
Lead
7439-92-1
0.69
NA
Mercury
7439-97-6
0.15
NA
K103
Process residues from aniline extraction from the production of aniline.
Aniline
62-53-3
0.81
14
Benzene
71-43-2
0.14
10
2,4-Dinitrophenol
51-28-5
0.12
160
Nitrobenzene
98-95-3
0.068
14
Phenol
108-95-2
0.039
6.2
K104
Combined wastewater streams generated from nitrobenzene or aniline production.
Aniline
62-53-3
0.81
14
Benzene
71-43-2
0.14
10
2,4-Dinitrophenol
51-28-5
0.12
160
Nitrobenzene
98-95-3
0.068
14
Phenol
108-95-2
0.039
6.2
Cyanides (Total)
7
57-12-5
1.2
590
K105
Separated aqueous stream from the reactor product washing step in the production of chloro-
benzenes.
Benzene
71-43-2
0.14
10
Chlorobenzene
108-90-7
0.057
6.0
2-Chlorophenol
95-57-8
0.044
5.7
o-Dichlorobenzene
95-50-1
0.088
6.0
p-Dichlorobenzene
106-46-7
0.090
6.0
Phenol
108-95-2
0.039
6.2
2,4,5-Trichlorophenol
95-95-4
0.18
7.4
2,4,6-Trichlorophenol
88-06-2
0.035
7.4
K106
K106 (wastewater treatment sludge from the mercury cell process in chlorine production)
nonwastewaters that contain greater than or equal to 260 mg/kg total mercury.
Mercury
7439-97-6
NA
RMERC
713
K106
K106 (wastewater treatment sludge from the mercury cell process in chlorine production)
nonwastewaters that contain less than 260 mg/kg total mercury that are residues from RMERC.
Mercury
7439-97-6
NA
0.20 mg/ℓ TCLP
K106
Other K106 nonwastewaters that contain less than 260 mg/kg total mercury and are not residues
from RMERC.
Mercury
7439-97-6
NA
0.025 mg/ℓ TCLP
K106
All K106 wastewaters.
Mercury
7439-97-6
0.15
NA
K107
Column bottoms from product separation from the production of 1,1-dimethylhydrazine
(UDMH) from carboxylic acid hydrazides.
NA
NA
CMBST; or
CHOXD fb
CARBN; or
BIODG fb
CARBN
CMBST
K108
Condensed column overheads from product separation and condensed reactor vent gases from
the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides.
NA
NA
CMBST; or
CHOXD fb
CARBN; or
BIODG fb
CARBN
CMBST
K109
Spent filter cartridges from product purification from the production of 1,1-dimethylhydrazine
(UDMH) from carboxylic acid hydrazides.
NA
NA
CMBST; or
CHOXD fb
CARBN; or
BIODG fb
CARBN
CMBST
714
K110
Condensed column overheads from intermediate separation from the production of 1,1-dimethyl-
hydrazine (UDMH) from carboxylic acid hydrazides.
NA
NA
CMBST; or
CHOXD fb
CARBN; or
BIODG fb
CARBN
CMBST
K111
Product washwaters from the production of dinitrotoluene via nitration of toluene.
2,4-Dinitrotoluene
121-1-1
121-14-2
0.32
140
2,6-Dinitrotoluene
606-20-2
0.55
28
K112
Reaction by-product water from the drying column in the production of toluenediamine via
hydrogenation of dinitrotoluene.
NA
NA
CMBST; or
CHOXD fb
CARBN; or
BIODG fb
CARBN
CMBST
K113
Condensed liquid light ends from the purification of toluenediamine in the production of
toluenediamine via hydrogenation of dinitrotoluene.
NA
NA
CARBN; or
CMBST
CMBST
K114
Vicinals from the purification of toluenediamine in the production of toluenediamine via hydro-
genation of dinitrotoluene.
NA
NA
CARBN; or
CMBST
CMBST
K115
Heavy ends from the purification of toluenediamine in the production of toluenediamine via
hydrogenation of dinitrotoluene.
Nickel
7440-02-0
3.98
11 mg/ℓ TCLP
NA
NA
CARBN; or
CMBST
CMBST
715
K116
Organic condensate from the solvent recovery column in the production of toluene diisocyanate
via phosgenation of toluenediamine.
NA
NA
CARBN; or
CMBST
CMBST
K117
Wastewater from the reactor vent gas scrubber in the production of ethylene dibromide via
bromination of ethene.
Methyl bromide (Bromo-
methane)
74-83-9
0.11
15
Chloroform
67-66-3
0.046
6.0
Ethylene dibromide (1,2-
Dibromoethane)
106-93-4
0.028
15
K118
Spent absorbent solids from purification of ethylene dibromide in the production of ethylene
dibromide via bromination of ethene.
Methyl bromide (Bromo-
methane)
74-83-9
0.11
15
Chloroform
67-66-3
0.046
6.0
Ethylene dibromide (1,2-
Dibromoethane)
106-93-4
0.028
15
K123
Process wastewater (including supernates, filtrates, and washwaters) from the production of
ethylenebisdithiocarbamic acid and its salts.
NA
NA
CMBST; or
CHOXD fb
(BIODG or
CARBN)
CMBST
K124
Reactor vent scrubber water from the production of ethylenebisdithiocarbamic acid and its salts.
NA
NA
CMBST; or
CHOXD fb
(BIODG or
CARBN)
CMBST
K125
Filtration, evaporation, and centrifugation solids from the production of ethylenebisdithio-
carbamic acid and its salts.
NA
NA
CMBST; or
CHOXD fb
(BIODG or
CARBN)
CMBST
716
K126
Baghouse dust and floor sweepings in milling and packaging operations from the production or
formulation of ethylenebisdithiocarbamic acid and its salts.
NA
NA
CMBST; or
CHOXD fb
(BIODG or
CARBN)
CMBST
K131
Wastewater from the reactor and spent sulfuric acid from the acid dryer from the production of
methyl bromide.
Methyl bromide (Bromo-
methane)
74-83-9
0.11
15
K132
Spent absorbent and wastewater separator solids from the production of methyl bromide.
Methyl bromide (Bromo-
methane)
74-83-9
0.11
15
K136
Still bottoms from the purification of ethylene dibromide in the production of ethylene dibromide
via bromination of ethene.
Methyl bromide (Bromo-
methane)
74-83-9
0.11
15
Chloroform
67-66-3
0.046
6.0
Ethylene dibromide (1,2-
Dibromoethane)
106-93-4
0.028
15
K141
Process residues from the recovery of coal tar, including, but not limited to, collecting sump
residues from the production of coke or the recovery of coke by-products produced from coal.
This listing does not include K087 (decanter tank tar sludge from coking operations).
Benzene
71-43-2
0.14
10
Benz(a)anthracene
56-55-3
0.059
3.4
Benzo(a)pyrene
50-2-8
0.061
3.4
Benzo(b)fluoranthene (difficult
to distinguish from benzo(k)-
fluoranthene)
205-99-2
0.11
6.8
Benzo(k)fluoranthene (difficult
to distinguish from benzo(b)-
fluoranthene)
207-08-9
0.11
6.8
Chrysene
218-01-9
0.059
3.4
Dibenz(a,h)anthracene
53-70-3
0.055
8.2
Indeno(1,2,3-cd)pyrene
193-39-5
0.0055
3.4
717
K142
Tar storage tank residues from the production of coke from coal or from the recovery of coke by-
products produced from coal.
Benzene
71-43-2
0.14
10
Benz(a)anthracene
56-55-3
0.059
3.4
Benzo(a)pyrene
50-32-8
0.061
3.4
Benzo(b)fluoranthene (difficult
to distinguish from benzo(k)-
fluoranthene)
205-99-2
0.11
6.8
Benzo(k)fluoranthene (difficult
to distinguish from benzo(b)-
fluoranthene)
207-08-9
0.11
6.8
Chrysene
218-01-9
0.059
3.4
Dibenz(a,h)anthracene
53-70-3
0.055
8.2
Indeno(1,2,3-cd)pyrene
193-39-5
0.0055
3.4
K143
Process residues from the recovery of light oil, including, but not limited to, those generated in
stills, decanters, and wash oil recovery units from the recovery of coke by-products produced
from coal.
Benzene
71-43-2
0.14
10
Benz(a)anthracene
56-55-3
0.059
3.4
Benzo(a)pyrene
50-32-8
0.061
3.4
Benzo(b)fluoranthene (difficult
to distinguish from benzo(k)-
fluoranthene)
205-99-2
0.11
6.8
Benzo(k)fluoranthene (difficult
to distinguish from benzo(b)-
fluoranthene)
207-08-9
0.11
6.8
Chrysene
218-01-9
0.059
3.4
K144
Wastewater sump residues from light oil refining, including, but not limited to, intercepting or
contamination sump sludges from the recovery of coke by-products produced from coal.
Benzene
71-43-2
0.14
10
Benz(a)anthracene
56-55-3
0.059
3.4
Benzo(a)pyrene
50-32-8
0.061
3.4
Benzo(b)fluoranthene (difficult
to distinguish from benzo(k)-
fluoranthene)
205-99-2
0.11
6.8
Benzo(k)fluoranthene (difficult
to distinguish from benzo(b)-
fluoranthene)
207-08-9
0.11
6.8
Chrysene
218-01-9
0.059
3.4
Dibenz(a,h)anthracene
53-70-3
0.055
8.2
718
K145
Residues from naphthalene collection and recovery operations from the recovery of coke by-
products produced from coal.
Benzene
71-43-2
0.14
10
Benz(a)anthracene
56-55-3
0.059
3.4
Benzo(a)pyrene
50-32-8
0.061
3.4
Chrysene
218-01-9
0.059
3.4
Dibenz(a,h)anthracene
53-70-3
0.055
8.2
Naphthalene
91-20-3
0.059
5.6
K147
Tar storage tank residues from coal tar refining.
Benzene
71-43-2
0.14
10
Benz(a)anthracene
56-55-3
0.059
3.4
Benzo(a)pyrene
50-32-8
0.061
3.4
Benzo(b)fluoranthene (difficult
to distinguish from benzo(k)-
fluoranthene)
205-99-2
0.11
6.8
Benzo(k)fluoranthene (difficult
to distinguish from benzo(b)-
fluoranthene)
207-08-9
0.11
6.8
Chrysene
218-01-9
0.059
3.4
Dibenz(a,h)anthracene
53-70-3
0.055
8.2
Indeno(1,2,3-cd)pyrene
193-39-5
0.0055
3.4
K148
Residues from coal tar distillation, including, but not limited to, still bottoms.
Benz(a)anthracene
56-55-3
0.059
3.4
Benzo(a)pyrene
50-32-8
0.061
3.4
Benzo(b)fluoranthene (difficult
to distinguish from benzo(k)-
fluoranthene)
205-99-2
0.11
6.8
Benzo(k)fluoranthene (difficult
to distinguish from benzo(b)-
fluoranthene)
207-08-9
0.11
6.8
Chrysene
218-01-9
0.059
3.4
Dibenz(a,h)anthracene
53-70-3
0.055
8.2
Indeno(1,2,3-cd)pyrene
193-39-5
0.0055
3.4
K149
Distillation bottoms from the production of
α-
(or methyl-) chlorinated toluenes, ring-chlorinated
toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups. (This
waste does not include still bottoms from the distillations of benzyl chloride.)
Chlorobenzene
108-90-7
0.057
6.0
Chloroform
67-66-3
0.046
6.0
Chloromethane
74-87-3
0.19
30
719
p-Dichlorobenzene
106-46-7
0.090
6.0
Hexachlorobenzene
118-74-1
0.055
10
Pentachlorobenzene
608-93-5
0.055
10
1,2,4,5-Tetrachlorobenzene
95-94-3
0.055
14
Toluene
108-88-3
0.080
10
K150
Organic residuals, excluding spent carbon adsorbent, from the spent chlorine gas and hydro-
chloric acid recovery processes associated with the production of
α-
(or methyl-) chlorinated
toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these
functional groups.
Carbon tetrachloride
56-23-5
0.057
6.0
Chloroform
67-66-3
0.046
6.0
Chloromethane
74-87-3
0.19
30
p-Dichlorobenzene
106-46-7
0.090
6.0
Hexachlorobenzene
118-74-1
0.055
10
Pentachlorobenzene
608-93-5
0.055
10
1,2,4,5-Tetrachlorobenzene
95-94-3
0.055
14
1,1,2,2- Tetrachloroethane
79-34-5
0.057
6.0
Tetrachloroethylene
127-18-4
0.056
6.0
1,2,4-Trichlorobenzene
120-82-1
0.055
19
K151
Wastewater treatment sludges, excluding neutralization and biological sludges, generated during
the treatment of wastewaters from the production of
α-
(or methyl-) chlorinated toluenes, ring-
chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional
groups.
Benzene
71-43-2
0.14
10
Carbon tetrachloride
56-23-5
0.057
6.0
Chloroform
67-66-3
0.046
6.0
Hexachlorobenzene
118-74-1
0.055
10
Pentachlorobenzene
608-93-5
0.055
10
1,2,4,5-Tetrachlorobenzene
95-94-3
0.055
14
Tetrachloroethylene
127-18-4
0.056
6.0
Toluene
108-88-3
0.080
10
K156
Organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates, and
decantates) from the production of carbamates and carbamoyl oximes.
10
Acetonitrile
75-05-8
5.6
1.8
Acetophenone
96-86-2
98-86-2
0.010
9.7
Aniline
62-53-3
0.81
14
Benomyl
17804-35-2
0.056
1.4
Benzene
71-43-2
0.14
10
Carbaryl
63-25-21
0.006
0.14
720
Carbenzadim
10605-21-7
0.056
1.4
Carbofuran
1563-66-2
0.006
0.14
Carbosulfan
55285-14-8
0.028
1.4
Chlorobenzene
108-90-7
0.057
6.0
Chloroform
67-66-3
0.046
6.0
o-Dichlorobenzene
95-50-1
0.088
6.0
Methomyl
16752-77-5
0.028
0.14
Methylene chloride
75-09-2
0.089
30
Methyl ethyl ketone
78-93-3
0.28
36
Naphthalene
91-20-3
0.059
5.6
Phenol
108-95-2
0.039
6.2
Pyridine
110-86-1
0.014
16
Toluene
108-88-3
0.080
10
Triethylamine
121-44-8
0.081
1.5
K157
Wastewaters (including scrubber waters, condenser waters, washwaters, and separation waters)
from the production of carbamates and carbamoyl oximes.
Carbon tetrachloride
56-23-5
0.057
6.0
Chloroform
67-66-3
0.046
6.0
Chloromethane
74-87-3
0.19
30
Methomyl
16752-77-5
0.028
0.14
Methylene chloride
75-09-2
0.089
30
Methyl ethyl ketone
78-93-3
0.28
36
Pyridine
110-86-1
0.014
16
Triethylamine
121-44-8
0.081
1.5
K158
Baghouse dusts and filter/separation solids from the production of carbamates and carbamoyl
oximes.
Benomyl
17804-35-2
0.056
1.4
Benzene
71-43-2
0.14
10
Carbenzadim
10605-21-7
0.056
1.4
Carbofuran
1563-66-2
0.006
0.14
Carbosulfan
55285-14-8
0.028
1.4
Chloroform
67-66-3
0.046
6.0
Methylene chloride
75-09-2
0.089
30
Phenol
108-95-2
0.039
6.2
K159
Organics from the treatment of thiocarbamate wastes.
10
Benzene
71-43-2
0.14
10
Butylate
2008-41-5
0.042
1.4
EPTC (Eptam)
759-94-4
0.042
1.4
Molinate
2212-67-1
0.042
1.4
Pebulate
1114-71-2
0.042
1.4
721
Vernolate
1929-77-7
0.042
1.4
K161
Purification solids (including filtration, evaporation, and centrifugation solids), baghouse dust
and floor sweepings from the production of dithiocarbamate acids and their salts.
Antimony
7440-36-0
1.9
1.15
11
Arsenic
7440-38-2
1.4
5.0
11
Carbon disulfide
75-15-0
3.8
4.8
11
Dithiocarbamates (total)
137-30-4
0.028
28
Lead
7439-92-1
0.69
0.75
11
Nickel
7440-02-0
3.98
11
11
Selenium
7782-49-2
0.82
5.7
11
K169
Crude oil tank sediment from petroleum refining operations.
Benz(a)anthracene
56-55-3
0.059
3.4
Benzene
71-43-2
0.14
10
Benzo(g,h,i)perylene
191-24-2
0.0055
1.8
Chrysene
218-01-9
0.059
3.4
Ethyl benzene
100-41-4
0.057
10
Fluorene
86-73-7
0.059
3.4
Naphthalene
91-20-3
0.059
5.6
Phenanthrene
81-05-8
0.059
5.6
Pyrene
129-00-0
0.067
8.2
Toluene (Methyl Benzene)
108-88-3
0.080
10
Xylenes (Total)
1330-20-7
0.32
30
K170
Clarified slurry oil sediment from petroleum refining operations.
Benz(a)anthracene
56-55-3
0.059
3.4
Benzene
71-43-2
0.14
10
Benzo(g,h,i)perylene
191-24-2
0.0055
1.8
Chrysene
218-01-9
0.059
3.4
Dibenz(a,h)anthracene
53-70-3
0.055
8.2
Ethyl benzene
100-41-4
0.057
10
Fluorene
86-73-7
0.059
3.4
Indeno(1,2,3,-cd)pyrene
193-39-5
0.0055
3.4
Naphthalene
91-20-3
0.059
5.6
Phenanthrene
81-05-8
0.059
5.6
Pyrene
129-00-0
0.067
8.2
Toluene (Methyl Benzene)
108-88-3
0.080
10
Xylenes (Total
1330-20-7
0.32
30
722
K171
Spent hydrotreating catalyst from petroleum refining operations, including guard beds used to
desulfurize feeds to other catalytic reactors. (This listing does not include inert support media.)
Benz(a)anthracene
56-55-3
0.059
3.4
Benzene
71-43-2
0.14
10
Chrysene
218-01-9
0.059
3.4
Ethyl benzene
100-41-4
0.057
10
Naphthalene
91-20-3
0.059
5.6
Phenanthrene
81-05-8
0.059
5.6
Pyrene
129-00-0
0.067
8.2
Toluene (Methyl Benzene)
108-88-3
0.080
10
Xylenes (Total)
1330-20-7
0.32
30
Arsenic
7740-38-2
1.4
5 mg/ℓ TCLP
Nickel
7440-02-0
3.98
11.0 mg/ℓ TCLP
Vanadium
7440-62-2
4.3
1.6 mg/ℓ TCLP
Reactive sulfides
NA
DEACT
DEACT
K172
Spent hydrorefining catalyst from petroleum refining operations, including guard beds used to
desulfurize feeds to other catalytic reactors. (This listing does not include inert support media.)
Benzene
71-43-2
0.14
10
Ethyl benzene
100-41-4
0.057
10
Toluene (Methyl Benzene)
108-88-3
0.080
10
Xylenes (Total)
1330-20-7
0.32
30
Antimony
7740-36-0
1.9
1.15 mg/ℓ TCLP
Arsenic
7740-38-2
1.4
5 mg/ℓ TCLP
Nickel
7440-02-0
3.98
11.0 mg/ℓ TCLP
Vanadium
7440-62-2
4.3
1.6 mg/ℓ TCLP
Reactive Sulfides
NA
DEACT
DEACT
K174
Wastewater treatment sludge from the production of ethylene dicholoride or vinyl choloride
monomer.
1,2,3,4,6,7,8-Heptachloro-
dibenzo-p-dioxin (1,2,3,4,6,7,8-
HpCDD)
35822-46-9
0.000035 or
CMBST
11
0.0025 or
CMBST
11
1,2,3,4,6,7,8-Heptachloro-
dibenzofuran (1,2,3,4,6,7,8-
HpCDF)
67562-39-4
0.000035 or
CMBST
11
0.0025 or
CMBST
11
1,2,3,4,7,8,9-Heptachloro-
dibenzofuran (1,2,3,4,7,8,9-
HpCDF)
55673-89-7
0.000035 or
CMBST
11
0.0025 or
CMBST
11
All hexachlorodibenzo-p-dioxins
(HxCDDs)
34465-46-8
0.000063 or
CMBST
11
0.001 or CMBST
11
All hexachlorodibenzofurans
(HxCDFs)
55684-94-1
0.000063 or
CMBST
11
0.001 or CMBST
11
723
1,2,3,4,6,7,8,9-Octachloro-
dibenzo-p-dioxin
(1,2,3,4,6,7,8,9-OCDD)
3268-87-9
0.000063 or
CMBST
11
0.005 or CMBST
11
1,2,3,4,6,7,8,9-Octachloro-
dibenzofuran (1,2,3,4,6,7,8,9-
OCDF)
39001-02-0
0.000063 or
CMBST
11
0.005 or CMBST
11
All pentachlorodibenzo-p-
dioxins (PeCDDs)
36088-22-9
0.000063 or
CMBST
11
0.001 or CMBST
11
All pentachlorodibenzofurans
(PeCDFs)
30402-15-4
0.000035 or
CMBST
11
0.001 or CMBST
11
All tetrachlorodibenzo-p-dioxins
(TCDDs)
41903-57-5
0.000063 or
CMBST
11
0.001 or CMBST
11
All tetrachlorodibenzofurans
(TCDFs)
55722-27-5
0.000063 or
CMBST
11
0.001 or CMBST
11
Arsenic
7440-36-0
1.4
5.0 mg/ℓ TCLP
K175
Wastewater treatment sludge from the production of vinyl choloride monomer using mercuric
chloride catalyst in an acetylene-based process.
Mercury
12
7439-97-6
NA
0.025 mg/ℓ TCLP
PH
12
NA
pH≤6.0
K175
All K175 wastewaters.
Mercury
7439-97-6
0.15
NA
K176
Baghouse filters from the production of antimony oxide, including filters from the production of
intermediates e.g., antimony metal or crude antimony oxide).
Antimony
7440-36-0
1.9
1.15 mg/ℓ TCLP
Arsenic
7440-38-2
1.4
5.0 mg/ℓ TCLP
Cadmium
7440-43-9
0.69
0.11 mg/ℓ TCLP
Lead
7439-92-1
0.69
0.75 mg/ℓ TCLP
Mercury
7439-97-6
0.15
0.025 mg/ℓ TCLP
K177
Slag from the production of antimony oxide that is speculatively accumulated or disposed,
including slag from the production of intermediates (e.g., antimony metal or crude antimony
oxide).
Antimony
7440-36-0
1.9
1.15 mg/ℓ TCLP
Arsenic
7440-38-2
1.4
5.0 mg/ℓ TCLP
Lead
7439-92-1
0.69
0.75 mg/ℓ TCLP
724
K178
Residues from manufacturing and manufacturing-site storage of ferric chloride from acids
formed during the production of titanium dioxide using the chloride-ilmenite process.
1,2,3,4,6,7,8-Heptachloro-
dibenzo-p-dioxin (1,2,3,4,6,7,8-
HpCDD)
35822-46-9
0.000035 or
CMBST
11
0.0025 or
CMBST
11
1,2,3,4,6,7,8-Heptachloro-
dibenzofuran (1,2,3,4,6,7,8-
HpCDF)
67562-39-4
0.000035 or
CMBST
11
0.0025 or
CMBST
11
1,2,3,4,7,8,9-Heptachloro-
dibenzofuran (1,2,3,4,7,8,9-
HpCDF)
55673-89-7
0.000035 or
CMBST
11
0.0025 or
CMBST
11
HxCDDs (All Hexachloro-
dibenzo-p-dioxins)
34465-46-8
0.000063 or
CMBST
11
0.001 or CMBST
11
HxCDFs (All Hexachloro-
dibenzofurans)
55684-94-1
0.000063 or
CMBST
11
0.001 or CMBST
11
1,2,3,4,6,7,8,9-Octachloro-
dibenzo-p-dioxin
(1,2,3,4,6,7,8,9-OCDD)
3268-87-9
0.000063 or
CMBST
11
0.005 or CMBST
11
1,2,3,4,6,7,8,9-Octachloro-
dibenzofuran (OCDF)
39001-02-0
0.000063 or
CMBST
11
0.005 or CMBST
11
PeCDDs (All Pentachloro-
dibenzo-p-dioxins)
36088-22-9
0.000063 or
CMBST
11
0.001 or CMBST
11
PeCDFs (All Pentachloro-
dibenzofurans)
30402-15-4
0.000035 or
CMBST
11
0.001 or CMBST
11
TCDDs (All Tetrachloro-
dibenzo-p-dioxins)
41903-57-5
0.000063 or
CMBST
11
0.001 or CMBST
11
TCDFs (All Tetrachloro-
dibenzofurans)
55722-27-5
0.000063 or
CMBST
11
0.001 or CMBST
11
Thallium
7440-28-0
1.4
0.20 mg/ℓ TCLP
K181
Nonwastewaters from the production of dyes or pigments (including nonwastewaters
commingled at the point of generation with nonwastewaters from other processes) that, at the
point of generation, contain mass loadings of any of the constituents identified in Section
721.132(c) which are equal to or greater than the corresponding Section 721.132(c) levels, as
determined on a calendar-year basis.
Aniline
62-53-3
0.81
14
o-Anisidine (2-methoxyaniline)
90-04-0
0.010
0.66
4-Chloroaniline
106-47-8
0.46
16
p-Cresidine
120-71-8
0.010
0.66
2,4-Dimethylaniline (2,4-
xylidine)
95-68-1
0.010
0.66
725
1,2-Phenylenediamine
95-54-5
CMBST; or
CHOXD fb
(BIODG or
CARBN); or
BIODG fb
CARBN
CMBST; or
CHOXD fb
(BIODG or
CARBN); or
BIODG fb
CARBN
1,3-Phenylenediamine
108-45-2
0.010
0.66
P001
Warfarin, & salts, when present at concentrations greater than 0.3 percent.
Warfarin
81-81-2
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P002
1-Acetyl-2-thiourea.
1-Acetyl-2-thiourea
591-08-2
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P003
Acrolein.
Acrolein
107-02-8
0.29
CMBST
P004
Aldrin.
Aldrin
309-00-2
0.021
0.066
P005
Allyl alcohol.
Allyl alcohol
107-18-6
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P006
Aluminum phosphide.
Aluminum phosphide
20859-73-8
CHOXD; CHRED;
or CMBST
CHOXD; CHRED;
or CMBST
726
P007
5-Aminomethyl-3-isoxazolol.
5-Aminomethyl-3-isoxazolol
2763-96-4
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P008
4-Aminopyridine.
4-Aminopyridine
504-24-5
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P009
Ammonium picrate.
Ammonium picrate
131-74-8
CHOXD; CHRED;
CARBN; BIODG;
or CMBST
CHOXD; CHRED;
or CMBST
P010
Arsenic acid.
Arsenic
7440-38-2
1.4
5.0 mg/ℓ TCLP
P011
Arsenic pentoxide.
Arsenic
7440-38-2
1.4
5.0 mg/ℓ TCLP
P012
Arsenic trioxide.
Arsenic
7440-38-2
1.4
5.0 mg/ℓ TCLP
P013
Barium cyanide.
Barium
7440-39-3
NA
21 mg/ℓ TCLP
Cyanides (Total)
7
57-12-5
1.2
590
Cyanides (Amenable)
7
57-12-5
0.86
30
P014
Thiophenol (Benzene thiol).
Thiophenol (Benzene thiol)
108-98-5
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
727
P015
Beryllium dust.
Beryllium
7440-41-7
RMETL;or
RTHRM
RMETL; or
RTHRM
P016
Dichloromethyl ether (Bis(chloromethyl)ether).
Dichloromethyl ether
542-88-1
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P017
Bromoacetone.
Bromoacetone
598-31-2
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P018
Brucine.
Brucine
357-57-3
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P020
2-sec-Butyl-4,6-dinitrophenol (Dinoseb).
2-sec-Butyl-4,6-dinitrophenol
(Dinoseb)
88-85-7
0.066
2.5
P021
Calcium cyanide.
Cyanides (Total)
7
57-12-5
1.2
590
Cyanides (Amenable)
7
57-12-5
0.86
30
P022
Carbon disulfide.
Carbon disulfide
75-15-0
3.8
CMBST
Carbon disulfide; alternate
6
standard for nonwastewaters
only
75-15-0
NA
4.8 mg/ℓ TCLP
728
P023
Chloroacetaldehyde.
Chloroacetaldehyde
107-20-0
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P024
p-Chloroaniline.
p-Chloroaniline
106-47-8
0.46
16
P026
1-(o-Chlorophenyl)thiourea.
1-(o-Chlorophenyl)thiourea
5344-82-1
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P027
3-Chloropropionitrile.
3-Chloropropionitrile
542-76-7
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P028
Benzyl chloride.
Benzyl chloride
100-44-7
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P029
Copper cyanide.
Cyanides (Total)
7
57-12-5
1.2
590
Cyanides (Amenable)
7
57-12-5
0.86
30
P030
Cyanides (soluble salts and complexes).
Cyanides (Total)
7
57-12-5
1.2
590
Cyanides (Amenable)
7
57-12-5
0.86
30
729
P031
Cyanogen.
Cyanogen
460-19-5
CHOXD;
WETOX; or
CMBST
CHOXD;
WETOX; or
CMBST
P033
Cyanogen chloride.
Cyanogen chloride
506-77-4
CHOXD;
WETOX; or
CMBST
CHOXD;
WETOX; or
CMBST
P034
2-Cyclohexyl-4,6-dinitrophenol.
2-Cyclohexyl-4,6-dinitrophenol
131-89-5
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P036
Dichlorophenylarsine.
Arsenic
7440-38-2
1.4
5.0 mg/ℓ TCLP
P037
Dieldrin.
Dieldrin
60-57-1
0.017
0.13
P038
Diethylarsine.
Arsenic
7440-38-2
1.4
5.0 mg/ℓ TCLP
P039
Disulfoton.
Disulfoton
298-04-4
0.017
6.2
P040
O,O-Diethyl-O-pyrazinyl-phosphorothioate.
O,O-Diethyl-O-pyrazinyl-
phosphorothioate
297-97-2
CARBN; or
CMBST
CMBST
P041
Diethyl-p-nitrophenyl phosphate.
Diethyl-p-nitrophenyl phosphate
311-45-5
CARBN; or
CMBST
CMBST
730
P042
Epinephrine.
Epinephrine
51-43-4
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P043
Diisopropylfluorophosphate (DFP).
Diisopropylfluorophosphate
(DFP)
55-91-4
CARBN; or
CMBST
CMBST
P044
Dimethoate.
Dimethoate
60-51-5
CARBN; or
CMBST
CMBST
P045
Thiofanox.
Thiofanox
39196-18-4
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P046
α
,
α-Dimethylphenethylamine.
α
,
α-Dimethylphenethylamine
122-09-8
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P047
4,6-Dinitro-o-cresol.
4,6-Dinitro-o-cresol
543-52-1
0.28
160
P047
4,6-Dinitro-o-cresol salts.
NA
NA
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P048
2,4-Dinitrophenol.
2,4-Dinitrophenol
51-28-5
0.12
160
731
P049
Dithiobiuret.
Dithiobiuret
541-53-7
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P050
Endosulfan.
Endosulfan I
939-98-8
0.023
0.066
Endosulfan II
33213-6-5
0.029
0.13
Endosulfan sulfate
1031-07-8
0.029
0.13
P051
Endrin.
Endrin
72-20-8
0.0028
0.13
Endrin aldehyde
7421-93-4
0.025
0.13
P054
Aziridine.
Aziridine
151-56-4
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P056
Fluorine.
Fluoride (measured in
wastewaters only)
16964-48-8
35
ADGAS fb
NEUTR
P057
Fluoroacetamide.
Fluoroacetamide
640-19-7
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P058
Fluoroacetic acid, sodium salt.
Fluoroacetic acid, sodium salt
62-74-8
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
732
P059
Heptachlor.
Heptachlor
76-44-8
0.0012
0.066
Heptachlor epoxide
1024-57-3
0.016
0.066
P060
Isodrin.
Isodrin
465-73-6
0.021
0.066
P062
Hexaethyl tetraphosphate.
Hexaethyl tetraphosphate
757-58-4
CARBN; or
CMBST
CMBST
P063
Hydrogen cyanide.
Cyanides (Total)
7
57-12-5
1.2
590
Cyanides (Amenable)
7
57-12-5
0.86
30
P064
Isocyanic acid, ethyl ester.
Isocyanic acid, ethyl ester
624-83-9
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P065
P065 (mercury fulminate) nonwastewaters, regardless of their total mercury content, that are not
incinerator residues or are not residues from RMERC.
Mercury
7439-97-6
NA
IMERC
P065
P065 (mercury fulminate) nonwastewaters that are either incinerator residues or are residues
from RMERC; and contain greater than or equal to 260 mg/kg total mercury.
Mercury
7339-97-6
NA
RMERC
P065
P065 (mercury fulminate) nonwastewaters that are residues from RMERC and contain less than
260 mg/kg total mercury.
Mercury
7439-97-6
NA
0.20 mg/ℓ TCLP
P065
P065 (mercury fulminate) nonwastewaters that are incinerator residues and contain less than 260
mg/kg total mercury.
Mercury
7439-97-6
NA
0.025 mg/ℓ TCLP
733
P065
All P065 (mercury fulminate) wastewaters.
Mercury
7439-97-6
0.15
NA
P066
Methomyl.
Methomyl
16752-77-5
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P067
2-Methyl-aziridine.
2-Methyl-aziridine
75-55-8
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P068
Methyl hydrazine.
Methyl hydrazine
60-34-4
CHOXD; CHRED;
CARBN; BIODG;
or CMBST
CHOXD; CHRED,
or CMBST
P069
2-Methyllactonitrile.
2-Methyllactonitrile
75-86-5
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P070
Aldicarb.
Aldicarb
116-06-3
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P071
Methyl parathion.
Methyl parathion
298-00-0
0.014
4.6
734
P072
1-Naphthyl-2-thiourea.
1-Naphthyl-2-thiourea
86-88-4
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P073
Nickel carbonyl.
Nickel
7440-02-0
3.98
11 mg/ℓ TCLP
P074
Nickel cyanide.
Cyanides (Total)
7
57-12-5
1.2
590
Cyanides (Amenable)
7
57-12-5
0.86
30
Nickel
7440-02-0
3.98
11 mg/ℓ TCLP
P075
Nicotine and salts.
Nicotine and salts
54-11-5
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P076
Nitric oxide.
Nitric oxide
10102-43-9
ADGAS
ADGAS
P077
p-Nitroaniline.
p-Nitroaniline
100-01-6
0.028
28
P078
Nitrogen dioxide.
Nitrogen dioxide
10102-44-0
ADGAS
ADGAS
P081
Nitroglycerin.
Nitroglycerin
55-63-0
CHOXD; CHRED;
CARBN; BIODG
or CMBST
CHOXD; CHRED;
or CMBST
P082
N-Nitrosodimethylamine.
N-Nitrosodimethylamine
62-75-9
0.40
2.3
735
P084
N-Nitrosomethylvinylamine.
N-Nitrosomethylvinylamine
4549-40-0
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P085
Octamethylpyrophosphoramide.
Octamethylpyrophosphoramide
152-16-9
CARBN; or
CMBST
CMBST
P087
Osmium tetroxide.
Osmium tetroxide
20816-12-0
RMETL; or
RTHRM
RMETL; or
RTHRM
P088
Endothall.
Endothall
145-73-3
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P089
Parathion.
Parathion
56-38-2
0.014
4.6
P092
P092 (phenyl mercuric acetate) nonwastewaters, regardless of their total mercury content, that
are not incinerator residues or are not residues from RMERC.
Mercury
7439-97-6
NA
IMERC; or
RMERC
P092
P092 (phenyl mercuric acetate) nonwastewaters that are either incinerator residues or are
residues from RMERC; and still contain greater than or equal to 260 mg/kg total mercury.
Mercury
7439-97-6
NA
RMERC
P092
P092 (phenyl mercuric acetate) nonwastewaters that are residues from RMERC and contain less
than 260 mg/kg total mercury.
Mercury
7439-97-6
NA
0.20 mg/ℓ TCLP
P092
P092 (phenyl mercuric acetate) nonwastewaters that are incinerator residues and contain less
736
than 260 mg/kg total mercury.
Mercury
7439-97-6
NA
0.025 mg/ℓ TCLP
P092
All P092 (phenyl mercuric acetate) wastewaters.
Mercury
7439-97-6
0.15
NA
P093
Phenylthiourea.
Phenylthiourea
103-85-5
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P094
Phorate.
Phorate
298-02-2
0.021
4.6
P095
Phosgene.
Phosgene
75-44-5
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P096
Phosphine.
Phosphine
7803-51-2
CHOXD; CHRED;
or CMBST
CHOXD; CHRED;
or CMBST
P097
Famphur.
Famphur
52-85-7
0.017
15
P098
Potassium cyanide.
Cyanides (Total)
7
57-12-5
1.2
590
Cyanides (Amenable)
7
57-12-5
0.86
30
P099
Potassium silver cyanide.
Cyanides (Total)
7
57-12-5
1.2
590
Cyanides (Amenable)
7
57-12-5
0.86
30
Silver
7440-22-4
0.43
0.14 mg/ℓ TCLP
737
P101
Ethyl cyanide (Propanenitrile).
Ethyl cyanide (Propanenitrile)
107-12-0
0.24
360
P102
Propargyl alcohol.
Propargyl alcohol
107-19-7
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P103
Selenourea.
Selenium
7782-49-2
0.82
5.7 mg/ℓ TCLP
P104
Silver cyanide.
Cyanides (Total)
7
57-12-5
1.2
590
Cyanides (Amenable)
7
57-12-5
0.86
30
Silver
7440-22-4
0.43
0.14 mg/ℓ TCLP
P105
Sodium azide.
Sodium azide
26628-22-8
CHOXD; CHRED;
CARBN; BIODG;
or CMBST
CHOXD; CHRED;
or CMBST
P106
Sodium cyanide.
Cyanides (Total)
7
57-12-5
1.2
590
Cyanides (Amenable)
7
57-12-5
0.86
30
P108
Strychnine and salts.
Strychnine and salts
57-24-9
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P109
Tetraethyldithiopyrophosphate.
Tetraethyldithiopyrophosphate
3689-24-5
CARBN; or
CMBST
CMBST
738
P110
Tetraethyl lead.
Lead
7439-92-1
0.69
0.75 mg/ℓ TCLP
P111
Tetraethylpyrophosphate.
Tetraethylpyrophosphate
107-49-3
CARBN; or
CMBST
CMBST
P112
Tetranitromethane.
Tetranitromethane
509-14-8
CHOXD; CHRED;
CARBN; BIODG;
or CMBST
CHOXD; CHRED;
or CMBST
P113
Thallic oxide.
Thallium (measured in
wastewaters only)
7440-28-0
1.4
RTHRM; or
STABL
P114
Thallium selenite.
Selenium
7782-49-2
0.82
5.7 mg/ℓ TCLP
P115
Thallium (I) sulfate.
Thallium (measured in
wastewaters only)
7440-28-0
1.4
RTHRM; or
STABL
P116
Thiosemicarbazide.
Thiosemicarbazide
79-19-6
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
P118
Trichloromethanethiol.
Trichloromethanethiol
75-70-7
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
739
P119
Ammonium vanadate.
Vanadium (measured in
wastewaters only)
7440-62-2
4.3
STABL
P120
Vanadium pentoxide.
Vanadium (measured in
wastewaters only)
7440-62-2
4.3
STABL
P121
Zinc cyanide.
Cyanides (Total)
7
57-12-5
1.2
590
Cyanides (Amenable)
7
57-12-5
0.86
30
P122
Zinc phosphide Zn
3
P
2
, when present at concentrations greater than 10 percent.
Zinc Phosphide
1314-84-7
CHOXD; CHRED;
or CMBST
CHOXD; CHRED;
or CMBST
P123
Toxaphene.
Toxaphene
8001-35-2
0.0095
2.6
P127
Carbofuran.
Carbofuran
1563-66-2
0.006
0.14
P128
Mexacarbate.
Mexacarbate
315-18-4
0.056
1.4
P185
Tirpate.
10
Tirpate
26419-73-8
0.056
0.28
P188
Physostigimine salicylate.
Physostigmine salicylate
57-64-7
0.056
1.4
P189
Carbosulfan.
Carbosulfan
55285-14-8
0.028
1.4
740
P190
Metolcarb.
Metolcarb
1129-41-5
0.056
1.4
P191
Dimetilan.
10
Dimetilan
644-64-4
0.056
1.4
P192
Isolan.
10
Isolan
119-38-0
0.056
1.4
P194
Oxamyl.
Oxamyl
23135-22-0
0.056
0.28
P196
Manganese dimethyldithiocarbamates (total).
Dithiocarbamates (total)
NA
0.028
28
P197
Formparanate.
10
Formparanate
17702-57-7
0.056
1.4
P198
Formetanate hydrochloride.
Formetanate hydrochloride
23422-53-9
0.056
1.4
P199
Methiocarb.
Methiocarb
2032-65-7
0.056
1.4
P201
Promecarb.
Promecarb
2631-37-0
0.056
1.4
P202
m-Cumenyl methylcarbamate.
m-Cumenyl methylcarbamate
64-00-6
0.056
1.4
P203
Aldicarb sulfone.
Aldicarb sulfone
1646-88-4
0.056
0.28
741
P204
Physostigmine.
Physostigmine
57-47-6
0.056
1.4
P205
Ziram.
Dithiocarbamates (total)
NA
0.028
28
U001
Acetaldehyde.
Acetaldehyde
75-07-0
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U002
Acetone.
Acetone
67-64-1
0.28
160
U003
Acetonitrile.
Acetonitrile
75-05-8
5.6
CMBST
Acetonitrile; alternate
6
standard
for nonwastewaters only
75-05-8
NA
38
U004
Acetophenone.
Acetophenone
98-86-2
0.010
9.7
U005
2-Acetylaminofluorene.
2-Acetylaminofluorene
53-96-3
0.059
140
U006
Acetyl chloride.
Acetyl chloride
75-36-5
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U007
Acrylamide.
Acrylamide
79-06-1
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
742
U008
Acrylic acid.
Acrylic acid
79-10-7
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U009
Acrylonitrile.
Acrylonitrile
107-13-1
0.24
84
U010
Mitomycin C.
Mitomycin C
50-07-7
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U011
Amitrole.
Amitrole
61-82-5
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U012
Aniline.
Aniline
62-53-3
0.81
14
U014
Auramine.
Auramine
492-80-8
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U015
Azaserine.
Azaserine
115-02-6
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
743
U016
Benz(c)acridine.
Benz(c)acridine
225-51-4
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U017
Benzal chloride.
Benzal chloride
98-87-3
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U018
Benz(a)anthracene.
Benz(a)anthracene
56-55-3
0.059
3.4
U019
Benzene.
Benzene
71-43-2
0.14
10
U020
Benzenesulfonyl chloride.
Benzenesulfonyl chloride
98-09-9
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U021
Benzidine.
Benzidine
92-87-5
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U022
Benzo(a)pyrene.
Benzo(a)pyrene
50-32-8
0.061
3.4
U023
Benzotrichloride.
Benzotrichloride
98-07-7
CHOXD; CHRED;
CARBN; BIODG;
or CMBST
CHOXD; CHRED;
or CMBST
744
U024
bis(2-Chloroethoxy)methane.
bis(2-Chloroethoxy)methane
111-91-1
0.036
7.2
U025
bis(2-Chloroethyl)ether.
bis(2-Chloroethyl)ether
111-44-4
0.033
6.0
U026
Chlornaphazine.
Chlornaphazine
494-03-1
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U027
bis(2-Chloroisopropyl)ether.
bis(2-Chloroisopropyl)ether
39638-32-9
0.055
7.2
U028
bis(2-Ethylhexyl)phthalate.
bis(2-Ethylhexyl)phthalate
117-81-7
0.28
28
U029
Methyl bromide (Bromomethane).
Methyl bromide (Bromo-
methane)
74-83-9
0.11
15
U030
4-Bromophenyl phenyl ether.
4-Bromophenyl phenyl ether
101-55-3
0.055
15
U031
n-Butyl alcohol.
n-Butyl alcohol
71-36-3
5.6
2.6
U032
Calcium chromate.
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
U033
Carbon oxyfluoride.
Carbon oxyfluoride
353-50-4
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
745
U034
Trichloroacetaldehyde (Chloral).
Trichloroacetaldehyde (Chloral)
75-87-6
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U035
Chlorambucil.
Chlorambucil
305-03-3
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U036
Chlordane.
Chlordane (α and
χ
isomers)
57-74-9
0.0033
0.26
U037
Chlorobenzene.
Chlorobenzene
108-90-7
0.057
6.0
U038
Chlorobenzilate.
Chlorobenzilate
510-15-6
0.10
CMBST
U039
p-Chloro-m-cresol.
p-Chloro-m-cresol
59-50-7
0.018
14
U041
Epichlorohydrin (1-Chloro-2,3-epoxypropane).
Epichlorohydrin (1-Chloro-2,3-
epoxypropane)
106-89-8
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U042
2-Chloroethyl vinyl ether.
2-Chloroethyl vinyl ether
110-75-8
0.062
CMBST
U043
Vinyl chloride.
Vinyl chloride
75-01-4
0.27
6.0
746
U044
Chloroform.
Chloroform
67-66-3
0.046
6.0
U045
Chloromethane (Methyl chloride).
Chloromethane (Methyl
chloride)
74-87-3
0.19
30
U046
Chloromethyl methyl ether.
Chloromethyl methyl ether
107-30-2
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U047
2-Chloronaphthalene.
2-Chloronaphthalene
91-58-7
0.055
5.6
U048
2-Chlorophenol.
2-Chlorophenol
95-57-8
0.044
5.7
U049
4-Chloro-o-toluidine hydrochloride.
4-Chloro-o-toluidine hydro-
chloride
3165-93-3
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U050
Chrysene.
Chrysene
218-01-9
0.059
3.4
U051
Creosote.
Naphthalene
91-20-3
0.059
5.6
Pentachlorophenol
87-86-5
0.089
7.4
Phenanthrene
85-01-8
0.059
5.6
Pyrene
129-00-0
0.067
8.2
Toluene
108-88-3
0.080
10
Xylenes-mixed isomers
(sum of o-, m-, and p-xylene
concentrations)
1330-20-7
0.32
30
Lead
7439-92-1
0.69
0.75 mg/ℓ TCLP
747
U052
Cresols (Cresylic acid).
o-Cresol
95-48-7
0.11
5.6
m-Cresol (difficult to
distinguish from p-cresol)
108-39-4
0.77
5.6
p-Cresol (difficult to distinguish
from m-cresol)
106-44-5
0.77
5.6
Cresol-mixed isomers (Cresylic
acid)
(sum of o-, m-, and p-cresol
concentrations)
1319-77-3
0.88
11.2
U053
Crotonaldehyde.
Crotonaldehyde
4170-30-3
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U055
Cumene.
Cumene
98-82-8
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U056
Cyclohexane.
Cyclohexane
110-82-7
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U057
Cyclohexanone.
Cyclohexanone
108-94-1
0.36
CMBST
Cyclohexanone; alternate
6
standard for nonwastewaters
only
108-94-1
NA
0.75 mg/ℓ TCLP
U058
Cyclophosphamide.
Cyclophosphamide
50-18-0
CARBN; or
CMBST
CMBST
748
U059
Daunomycin.
Daunomycin
20830-81-3
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U060
DDD.
o,p'-DDD
53-19-0
0.023
0.087
p,p'-DDD
72-54-8
0.023
0.087
U061
DDT.
o,p'-DDT
789-02-6
0.0039
0.087
p,p'-DDT
50-29-3
0.0039
0.087
o,p'-DDD
53-19-0
0.023
0.087
p,p'-DDD
72-54-8
0.023
0.087
o,p'-DDE
3424-82-6
0.031
0.087
p,p'-DDE
72-55-9
0.031
0.087
U062
Diallate.
Diallate
2303-16-4
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U063
Dibenz(a,h)anthracene.
Dibenz(a,h)anthracene
53-70-3
0.055
8.2
U064
Dibenz(a,i)pyrene.
Dibenz(a,i)pyrene
189-55-9
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U066
1,2-Dibromo-3-chloropropane.
1,2-Dibromo-3-chloropropane
96-12-8
0.11
15
749
U067
Ethylene dibromide (1,2-Dibromoethane).
Ethylene dibromide (1,2-
Dibromoethane)
106-93-4
0.028
15
U068
Dibromomethane.
Dibromomethane
74-95-3
0.11
15
U069
Di-n-butyl phthalate.
Di-n-butyl phthalate
84-74-2
0.057
28
U070
o-Dichlorobenzene.
o-Dichlorobenzene
95-50-1
0.088
6.0
U071
m-Dichlorobenzene.
m-Dichlorobenzene
541-73-1
0.036
6.0
U072
p-Dichlorobenzene.
p-Dichlorobenzene
106-46-7
0.090
6.0
U073
3,3'-Dichlorobenzidine.
3,3'-Dichlorobenzidine
91-94-1
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U074
1,4-Dichloro-2-butene.
cis-1,4-Dichloro-2-butene
1476-11-5
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
trans-1,4-Dichloro-2-butene
764-41-0
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U075
Dichlorodifluoromethane.
Dichlorodifluoromethane
75-71-8
0.23
7.2
750
U076
1,1-Dichloroethane.
1,1-Dichloroethane
75-34-3
0.059
6.0
U077
1,2-Dichloroethane.
1,2-Dichloroethane
107-06-2
0.21
6.0
U078
1,1-Dichloroethylene.
1,1-Dichloroethylene
75-35-4
0.025
6.0
U079
1,2-Dichloroethylene.
trans-1,2-Dichloroethylene
156-60-5
0.054
30
U080
Methylene chloride.
Methylene chloride
75-09-2
0.089
30
U081
2,4-Dichlorophenol.
2,4-Dichlorophenol
120-83-2
0.044
14
U082
2,6-Dichlorophenol.
2,6-Dichlorophenol
87-65-0
0.044
14
U083
1,2-Dichloropropane.
1,2-Dichloropropane
78-87-5
0.85
18
U084
1,3-Dichloropropylene.
cis-1,3-Dichloropropylene
10061-01-5
0.036
18
trans-1,3-Dichloropropylene
10061-02-6
0.036
18
U085
1,2:3,4-Diepoxybutane.
1,2:3,4-Diepoxybutane
1464-53-5
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
751
U086
N,N'-Diethylhydrazine.
N,N'-Diethylhydrazine
1615-80-1
CHOXD; CHRED;
CARBN; BIODG;
or CMBST
CHOXD; CHRED;
or CMBST
U087
O,O-Diethyl-S-methyldithiophosphate.
O,O-Diethyl-S-methyldithio-
phosphate
3288-58-2
CARBN; or
CMBST
CMBST
U088
Diethyl phthalate.
Diethyl phthalate
84-66-2
0.20
28
U089
Diethyl stilbestrol.
Diethyl stilbestrol
56-53-1
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U090
Dihydrosafrole.
Dihydrosafrole
94-58-6
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U091
3,3'-Dimethoxybenzidine.
3,3'-Dimethoxybenzidine
119-90-4
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U092
Dimethylamine.
Dimethylamine
124-40-3
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U093
p-Dimethylaminoazobenzene.
p-Dimethylaminoazobenzene
60-11-7
0.13
CMBST
752
U094
7,12-Dimethylbenz(a)anthracene.
7,12-Dimethylbenz(a)-
anthracene
57-97-6
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U095
3,3'-Dimethylbenzidine.
3,3'-Dimethylbenzidine
119-93-7
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U096
α
,
α-Dimethyl
benzyl hydroperoxide.
α
,
α-Dimethyl
benzyl hydro-
peroxide
80-15-9
CHOXD; CHRED;
CARBN; BIODG;
or CMBST
CHOXD; CHRED;
or CMBST
U097
Dimethylcarbamoyl chloride.
Dimethylcarbamoyl chloride
79-44-7
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U098
1,1-Dimethylhydrazine.
1,1-Dimethylhydrazine
57-14-7
CHOXD; CHRED;
CARBN; BIODG;
or CMBST
CHOXD; CHRED;
or CMBST
U099
1,2-Dimethylhydrazine.
1,2-Dimethylhydrazine
540-73-8
CHOXD; CHRED;
CARBN; BIODG;
or CMBST
CHOXD; CHRED;
or CMBST
U101
2,4-Dimethylphenol.
2,4-Dimethylphenol
105-67-9
0.036
14
753
U102
Dimethyl phthalate.
Dimethyl phthalate
131-11-3
0.047
28
U103
Dimethyl sulfate.
Dimethyl sulfate
77-78-1
CHOXD; CHRED;
CARBN; BIODG;
or CMBST
CHOXD; CHRED;
or CMBST
U105
2,4-Dinitrotoluene.
2,4-Dinitrotoluene
121-14-2
0.32
140
U106
2,6-Dinitrotoluene.
2,6-Dinitrotoluene
606-20-2
0.55
28
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
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
1,4-Dioxane; alternate
6
standard
for nonwastewaters only
123-91-1
12.0
170
U109
1,2-Diphenylhydrazine.
1,2-Diphenylhydrazine
122-66-7
CHOXD; CHRED;
CARBN; BIODG;
or CMBST
CHOXD; CHRED;
or CMBST
1,2-Diphenylhydrazine;
alternate
6
standard for
wastewaters only
122-66-7
0.087
NA
U110
Dipropylamine.
Dipropylamine
142-84-7
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
754
U111
Di-n-propylnitrosamine.
Di-n-propylnitrosamine
621-64-7
0.40
14
U112
Ethyl acetate.
Ethyl acetate
141-78-6
0.34
33
U113
Ethyl acrylate.
Ethyl acrylate
140-88-5
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U114
Ethylenebisdithiocarbamic acid salts and esters.
Ethylenebisdithiocarbamic acid
111-54-6
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U115
Ethylene oxide.
Ethylene oxide
75-21-8
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CHOXD; or
CMBST
Ethylene oxide; alternate
6
standard for wastewaters only
75-21-8
0.12
NA
U116
Ethylene thiourea.
Ethylene thiourea
96-45-7
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U117
Ethyl ether.
Ethyl ether
60-29-7
0.12
160
U118
Ethyl methacrylate.
Ethyl methacrylate
97-63-2
0.14
160
755
U119
Ethyl methane sulfonate.
Ethyl methane sulfonate
62-50-0
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U120
Fluoranthene.
Fluoranthene
206-44-0
0.068
3.4
U121
Trichloromonofluoromethane.
Trichloromonofluoromethane
75-69-4
0.020
30
U122
Formaldehyde.
Formaldehyde
50-00-0
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U123
Formic acid.
Formic acid
64-18-6
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U124
Furan.
Furan
110-00-9
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U125
Furfural.
Furfural
98-01-1
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
756
U126
Glycidylaldehyde.
Glycidylaldehyde
765-34-4
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U127
Hexachlorobenzene.
Hexachlorobenzene
118-74-1
0.055
10
U128
Hexachlorobutadiene.
Hexachlorobutadiene
87-68-3
0.055
5.6
U129
Lindane.
α-BHC
319-84-6
0.00014
0.066
β-BHC
319-85-7
0.00014
0.066
δ-BHC
319-86-8
0.023
0.066
γ-BHC
(Lindane)
58-89-9
0.0017
0.066
U130
Hexachlorocyclopentadiene.
Hexachlorocyclopentadiene
77-47-4
0.057
2.4
U131
Hexachloroethane.
Hexachloroethane
67-72-1
0.055
30
U132
Hexachlorophene.
Hexachlorophene
70-30-4
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U133
Hydrazine.
Hydrazine
302-01-2
CHOXD; CHRED;
CARBN; BIODG;
or CMBST
CHOXD; CHRED;
or CMBST
757
U134
Hydrogen fluoride.
Fluoride (measured in
wastewaters only)
16964-48-8
7664-39-3
35
ADGAS fb
NEUTR; or
NEUTR
U135
Hydrogen sulfide.
Hydrogen sulfide
7783-06-4
CHOXD; CHRED;
or CMBST
CHOXD; CHRED;
or CMBST
U136
Cacodylic acid.
Arsenic
7440-38-2
1.4
5.0 mg/ℓ TCLP
U137
Indeno(1,2,3-c,d)pyrene.
Indeno(1,2,3-cd)pyrene.
Indeno(1,2,3-c,d)pyrene
Indeno(1,2,3-c,d)pyrene
193-39-5
0.0055
3.4
U138
Iodomethane.
Iodomethane
74-88-4
0.19
65
U140
Isobutyl alcohol.
Isobutyl alcohol
78-83-1
5.6
170
U141
Isosafrole.
Isosafrole
120-58-1
0.081
2.6
U142
Kepone.
Kepone
143-50-8
0.0011
0.13
U143
Lasiocarpine.
Lasiocarpine
303-34-4
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
758
U144
Lead acetate.
Lead
7439-92-1
0.69
0.75 mg/ℓ TCLP
U145
Lead phosphate.
Lead
7439-92-1
0.69
0.75 mg/ℓ TCLP
U146
Lead subacetate.
Lead
7439-92-1
0.69
0.75 mg/ℓ TCLP
U147
Maleic anhydride.
Maleic anhydride
108-31-6
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U148
Maleic hydrazide.
Maleic hydrazide
123-33-1
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U149
Malononitrile.
Malononitrile
109-77-3
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U150
Melphalan.
Melphalan
148-82-3
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U151
U151 (mercury) nonwastewaters that contain greater than or equal to 260 mg/kg total mercury.
Mercury
7439-97-6
NA
RMERC
U151
U151 (mercury) nonwastewaters that contain less than 260 mg/kg total mercury and that are
759
residues from RMERC only.
Mercury
7439-97-6
NA
0.20 mg/ℓ TCLP
U151
U151 (mercury) nonwastewaters that contain less than 260 mg/kg total mercury and that are not
residues from RMERC only.
Mercury
7439-97-6
NA
0.025 mg/ℓ TCLP
U151
All U151 (mercury) wastewater.
Mercury
7439-97-6
0.15
NA
U151
Elemental Mercury Contaminated with Radioactive Materials.
Mercury
7439-97-6
NA
AMLGM
U152
Methacrylonitrile.
Methacrylonitrile
126-98-7
0.24
84
U153
Methanethiol.
Methanethiol
74-93-1
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U154
Methanol.
Methanol
67-56-1
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
Methanol; alternate
6
set of
standards for both wastewaters
and nonwastewaters
67-56-1
5.6
0.75 mg/ℓ TCLP
U155
Methapyrilene.
Methapyrilene
91-80-5
0.081
1.5
760
U156
Methyl chlorocarbonate.
Methyl chlorocarbonate
79-22-1
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U157
3-Methylcholanthrene.
3-Methylcholanthrene
56-49-5
0.0055
15
U158
4,4'-Methylene bis(2-chloroaniline).
4,4'-Methylene bis(2-chloro-
aniline)
101-14-4
0.50
30
U159
Methyl ethyl ketone.
Methyl ethyl ketone
78-93-3
0.28
36
U160
Methyl ethyl ketone peroxide.
Methyl ethyl ketone peroxide
1338-23-4
CHOXD; CHRED;
CARBN; BIODG;
or CMBST
CHOXD; CHRED;
or CMBST
U161
Methyl isobutyl ketone.
Methyl isobutyl ketone
108-10-1
0.14
33
U162
Methyl methacrylate.
Methyl methacrylate
80-62-6
0.14
160
U163
N-Methyl-N'-nitro-N-nitrosoguanidine.
N-Methyl-N'-nitro-N-nitroso-
guanidine
70-25-7
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
761
U164
Methylthiouracil.
Methylthiouracil
56-04-2
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U165
Naphthalene.
Naphthalene
91-20-3
0.059
5.6
U166
1,4-Naphthoquinone.
1,4-Naphthoquinone
130-15-4
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U167
1-Naphthylamine.
1-Naphthylamine
134-32-7
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U168
2-Naphthylamine.
2-Naphthylamine
91-59-8
0.52
CMBST
U169
Nitrobenzene.
Nitrobenzene
98-95-3
0.068
14
U170
p-Nitrophenol.
p-Nitrophenol
100-02-7
0.12
29
U171
2-Nitropropane.
2-Nitropropane
79-46-9
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
762
U172
N-Nitrosodi-n-butylamine.
N-Nitrosodi-n-butylamine
924-16-3
0.40
17
U173
N-Nitrosodiethanolamine.
N-Nitrosodiethanolamine
1116-54-7
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U174
N-Nitrosodiethylamine.
N-Nitrosodiethylamine
55-18-5
0.40
28
U176
N-Nitroso-N-ethylurea.
N-Nitroso-N-ethylurea
759-73-9
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U177
N-Nitroso-N-methylurea.
N-Nitroso-N-methylurea
684-93-5
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U178
N-Nitroso-N-methylurethane.
N-Nitroso-N-methylurethane
615-53-2
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U179
N-Nitrosopiperidine.
N-Nitrosopiperidine
100-75-4
0.013
35
U180
N-Nitrosopyrrolidine.
N-Nitrosopyrrolidine
930-55-2
0.013
35
763
U181
5-Nitro-o-toluidine.
5-Nitro-o-toluidine
99-55-8
0.32
28
U182
Paraldehyde.
Paraldehyde
123-63-7
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U183
Pentachlorobenzene.
Pentachlorobenzene
608-93-5
0.055
10
U184
Pentachloroethane.
Pentachloroethane
76-01-7
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
Pentachloroethane; alternate
6
standards for both wastewaters
and nonwastewaters
76-01-7
0.055
6.0
U185
Pentachloronitrobenzene.
Pentachloronitrobenzene
82-68-8
0.055
4.8
U186
1,3-Pentadiene.
1,3-Pentadiene
504-60-9
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U187
Phenacetin.
Phenacetin
62-44-2
0.081
16
U188
Phenol.
Phenol
108-95-2
0.039
6.2
764
U189
Phosphorus sulfide.
Phosphorus sulfide
1314-80-3
CHOXD; CHRED;
or CMBST
CHOXD; CHRED;
or CMBST
U190
Phthalic anhydride.
Phthalic anhydride (measured as
Phthalic acid or Terephthalic
acid)
100-21-0
0.055
28
Phthalic anhydride (measured as
Phthalic acid or Terephthalic
acid)
85-44-9
0.055
28
U191
2-Picoline.
2-Picoline
109-06-8
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U192
Pronamide.
Pronamide
23950-58-5
0.093
1.5
U193
1,3-Propane sultone.
1,3-Propane sultone
1120-71-4
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U194
n-Propylamine.
n-Propylamine
107-10-8
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U196
Pyridine.
Pyridine
110-86-1
0.014
16
765
U197
p-Benzoquinone.
p-Benzoquinone
106-51-4
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U200
Reserpine.
Reserpine
50-55-5
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U201
Resorcinol
Resorcinol.
108-46-3
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U202
Saccharin and salts.
Saccharin
81-07-2
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U203
Safrole.
Safrole
94-59-7
0.081
22
U204
Selenium dioxide.
Selenium
7782-49-2
0.82
5.7 mg/ℓ TCLP
U205
Selenium sulfide.
Selenium
7782-49-2
0.82
5.7 mg/ℓ TCLP
U206
Streptozotocin.
Streptozotocin
18883-66-4
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
766
U207
1,2,4,5-Tetrachlorobenzene.
1,2,4,5-Tetrachlorobenzene
95-94-3
0.055
14
U208
1,1,1,2-Tetrachloroethane.
1,1,1,2-Tetrachloroethane
630-20-6
0.057
6.0
U209
1,1,2,2-Tetrachloroethane.
1,1,2,2-Tetrachloroethane
79-34-5
0.057
6.0
U210
Tetrachloroethylene.
Tetrachloroethylene
127-18-4
0.056
6.0
U211
Carbon tetrachloride.
Carbon tetrachloride
56-23-5
0.057
6.0
U213
Tetrahydrofuran.
Tetrahydrofuran
109-99-9
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U214
Thallium (I) acetate.
Thallium (measured in
wastewaters only)
7440-28-0
1.4
RTHRM; or
STABL
U215
Thallium (I) carbonate.
Thallium (measured in
wastewaters only)
7440-28-0
1.4
RTHRM; or
STABL
U216
Thallium (I) chloride.
Thallium (measured in
wastewaters only)
7440-28-0
1.4
RTHRM; or
STABL
767
U217
Thallium (I) nitrate.
Thallium (measured in
wastewaters only)
7440-28-0
1.4
RTHRM; or
STABL
U218
Thioacetamide.
Thioacetamide
62-55-5
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U219
Thiourea.
Thiourea
62-56-6
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U220
Toluene.
Toluene
108-88-3
0.080
10
U221
Toluenediamine.
Toluenediamine
25376-45-8
CARBN; or
CMBST
CMBST
U222
o-Toluidine hydrochloride.
o-Toluidine hydrochloride
636-21-5
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U223
Toluene diisocyanate.
Toluene diisocyanate
26471-62-5
CARBN; or
CMBST
CMBST
U225
Bromoform (Tribromomethane).
Bromoform (Tribromomethane)
75-25-2
0.63
15
768
U226
1,1,1-Trichloroethane.
1,1,1-Trichloroethane
71-55-6
0.054
6.0
U227
1,1,2-Trichloroethane.
1,1,2-Trichloroethane
79-00-5
0.054
6.0
U228
Trichloroethylene.
Trichloroethylene
79-01-6
0.054
6.0
U234
1,3,5-Trinitrobenzene.
1,3,5-Trinitrobenzene
99-35-4
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U235
tris-(2,3-Dibromopropyl)-phosphate.
tris-(2,3-Dibromopropyl)-
phosphate
126-72-7
0.11
0.10
U236
Trypan Blue.
Trypan Blue
72-57-1
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U237
Uracil mustard.
Uracil mustard
66-75-1
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U238
Urethane (Ethyl carbamate).
Urethane (Ethyl carbamate)
51-79-6
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
769
U239
Xylenes.
Xylenes-mixed isomers
(sum of o-, m-, and p-xylene
concentrations)
1330-20-7
0.32
30
U240
2,4-D (2,4-Dichlorophenoxyacetic acid).
2,4-D (2,4-Dichloro-
phenoxyacetic acid)
94-75-7
0.72
10
2,4-D (2,4-Dichloro-
phenoxyacetic acid) salts and
esters
NA
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U243
Hexachloropropylene.
Hexachloropropylene
1888-71-7
0.035
30
U244
Thiram.
Thiram
137-26-8
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
U246
Cyanogen bromide.
Cyanogen bromide
506-68-3
CHOXD;
WETOX; or
CMBST
CHOXD;
WETOX; or
CMBST
U247
Methoxychlor.
Methoxychlor
72-43-5
0.25
0.18
U248
Warfarin, & salts, when present at concentrations of 0.3 percent or less.
Warfarin
81-81-2
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CMBST
770
U249
Zinc phosphide, Zn
3
P
2
, when present at concentrations of 10 percent or less.
Zinc Phosphide
1314-84-7
CHOXD; CHRED;
or CMBST
CHOXD; CHRED;
or CMBST
U271
Benomyl.
Benomyl
17804-35-2
0.056
1.4
U278
Bendiocarb.
Bendiocarb
22781-23-3
0.056
1.4
U279
Carbaryl.
Carbaryl
63-25-2
0.006
0.14
U280
Barban.
Barban
101-27-9
0.056
1.4
U328
o-Toluidine.
o-Toluidine
95-53-4
CMBST; or
CHOXD fb
(BIODG or
CARBN); or
BIODG fb
CARBN
CMBST
U353
p-Toluidine.
p-Toluidine
106-49-0
CMBST; or
CHOXD fb
(BIODG or
CARBN); or
BIODG fb
CARBN
CMBST
771
U359
2-Ethoxyethanol.
2-Ethoxyethanol
110-80-5
CMBST; or
CHOXD fb
(BIODG or
CARBN); or
BIODG fb
CARBN
CMBST
U364
Bendiocarb phenol.
10
Bendiocarb phenol
22961-82-6
0.056
1.4
U367
Carbofuran phenol.
Carbofuran phenol
1563-38-8
0.056
1.4
U372
Carbendazim.
Carbendazim
10605-21-7
0.056
1.4
U373
Propham.
Propham
122-42-9
0.056
1.4
U387
Prosulfocarb.
Prosulfocarb
52888-80-9
0.042
1.4
U389
Triallate.
Triallate
2303-17-5
0.042
1.4
U394
A2213.
10
A2213
30558-43-1
0.042
1.4
U395
Diethylene glycol, dicarbamate.
10
Diethylene glycol, dicarbamate
5952-26-1
0.056
1.4
U404
Triethylamine.
Triethylamine
101-44-8
0.081
1.5
772
U409
Thiophanate-methyl.
Thiophanate-methyl
23564-05-8
0.056
1.4
U410
Thiodicarb.
Thiodicarb
59669-26-0
0.019
1.4
U411
Propoxur.
Propoxur
114-26-1
0.056
1.4
Notes:
1
The waste descriptions provided in this table do not replace waste descriptions in 35 Ill.
Adm. Code 721. Descriptions of Treatment or Regulatory Subcategories are provided, as
needed, to distinguish between applicability of different standards.
2
CAS means Chemical Abstract Services. When the waste code or regulated constituents
are described as a combination of a chemical with its salts or esters, the CAS number is
given for the parent compound only.
3
Concentration standards for wastewaters are expressed in mg/ℓ and are based on analysis
of composite samples.
4
All treatment standards expressed as a Technology Code or combination of Technology
Codes are explained in detail in Table C of this Part, “Technology Codes and
Descriptions of Technology-Based Standards.” “fb” inserted between waste codes
denotes “followed by,” so that the first-listed treatment is followed by the second-listed
treatment. A semicolon (;) separates alternative treatment schemes.
5
Except for Metals (EP or TCLP) and Cyanides (Total and Amenable), the nonwastewater
treatment standards expressed as a concentration were established, in part, based on
incineration in units operated in accordance with the technical requirements of Subpart O
of 35 Ill. Adm. Code 724 or Subpart O of 35 Ill. Adm. Code 725 or based on combustion
in fuel substitution units operating in accordance with applicable technical requirements.
A facility may comply with these treatment standards according to provisions in Section
728.140(d). All concentration standards for nonwastewaters are based on analysis of
grab samples.
6
Where an alternate treatment standard or set of alternate standards has been indicated, a
facility may comply with this alternate standard, but only for the Treatment or Regulatory
Subcategory or physical form (i.e., wastewater or nonwastewater) specified for that
alternate standard.
7
Both Cyanides (Total) and Cyanides (Amenable) for nonwastewaters are to be analyzed
773
using Method 9010C or 9012B, in “Test Methods for Evaluating Solid Waste, Physical or
Chemical Methods,” USEPA publication number EPA-530/SW-846, incorporated by
reference in 35 Ill. Adm. Code 720.111(a), with a sample size of 10 grams and a
distillation time of one hour and 15 minutes.
8
These wastes, when rendered non-hazardous and then subsequently managed in CWA or
CWA-equivalent systems, are not subject to treatment standards. (See Section
728.101(c)(3) and (c)(4).)
9
These wastes, when rendered non-hazardous and then subsequently injected in a Class I
SDWA well, are not subject to treatment standards. (See 35 Ill. Adm. Code 738.101(d).)
10
The treatment standard for this waste may be satisfied by either meeting the constituent
concentrations in the table in this Section or by treating the waste by the specified
technologies: combustion, as defined by the technology code CMBST at Table C, for
nonwastewaters; and biodegradation, as defined by the technology code BIODG; carbon
adsorption, as defined by the technology code CARBN; chemical oxidation, as defined by
the technology code CHOXD; or combustion, as defined as technology code CMBST, at
Table C, for wastewaters.
11
For these wastes, the definition of CMBST is limited to any of the following that have
obtained a determination of equivalent treatment under Section 728.142(b): (1)
combustion units operating under 35 Ill. Adm. Code 726, (2) combustion units permitted
under Subpart O of 35 Ill. Adm. Code 724, or (3) combustion units operating under
Subpart O of 35 Ill. Adm. Code 725.
12
Disposal of USEPA hazardous waste number K175 waste that has complied with all
applicable Section 728.140 treatment standards must also be macroencapsulated in
accordance with Table F of this Part, unless the waste is placed in either of the following
types of facilities:
a)
A RCRA Subtitle C monofill containing only K175 wastes that meet all
applicable 40 CFR 268.40 treatment standards; or
b)
A dedicated RCRA Subtitle C landfill cell in which all other wastes being co-
disposed are at pH≤6.0.
BOARD NOTE: Derived from table to 40 CFR 268.40 (2005)
(2007).
NA
means not applicable.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
774
Section 728.Table U
Universal Treatment Standards (UTS)
Regulated Constituent-
Common Name
CAS
1
No.
Wastewater
Standard
Concentration
2
(in
mg/ℓ
2
)
Nonwastewater
Standard
Concentration
3
(in
mg/kg
3
unless
noted as “mg/ℓ
TCLP”)
Acenaphthylene
208-96-8
0.059
3.4
Acenaphthene
83-32-9
0.059
3.4
Acetone
67-64-1
0.28
160
Acetonitrile
75-05-8
5.6
38
Acetophenone
96-86-2
0.010
9.7
2-Acetylaminofluorene
53-96-3
0.059
140
Acrolein
107-02-8
0.29
NA
Acrylamide
79-06-1
19
23
Acrylonitrile
107-13-1
0.24
84
Aldicarb sulfone
6
1646-88-4
0.056
0.28
Aldrin
309-00-2
0.021
0.066
4-Aminobiphenyl
92-67-1
0.13
NA
Aniline
62-53-3
0.81
14
o-Anisidine (2-methoxy-
aniline)
90-04-0
0.010
0.66
Anthracene
120-12-7
0.059
3.4
Aramite
140-57-8
0.36
NA
α-BHC
319-84-6
0.00014
0.066
β-BHC
319-85-7
0.00014
0.066
δ-BHC
319-86-8
0.023
0.066
γ-BHC
58-89-9
0.0017
0.066
Barban
6
101-27-9
0.056
1.4
Bendiocarb
6
22781-23-3
0.056
1.4
Benomyl
6
17804-35-2
0.056
1.4
Benz(a)anthracene
56-55-3
0.059
3.4
Benzal chloride
98-87-3
0.055
6.0
Benzene
71-43-2
0.14
10
Benzo(b)fluoranthene
(difficult to distinguish from
benzo(k)fluoranthene)
205-99-2
0.11
6.8
Benzo(k)fluoranthene
(difficult to distinguish from
benzo(b)fluoranthene)
207-08-9
0.11
6.8
Benzo(g,h,i)perylene
191-24-2
0.0055
1.8
Benzo(a)pyrene
50-32-8
0.061
3.4
Bromodichloromethane
75-27-4
0.35
15
Methyl bromide (Bromo-
methane)
74-83-9
0.11
15
775
4-Bromophenyl phenyl ether
101-55-3
0.055
15
n-Butyl alcohol
71-36-3
5.6
2.6
Butylate
6
2008-41-5
0.042
1.4
Butyl benzyl phthalate
85-68-7
0.017
28
2-sec-Butyl-4,6-dinitrophenol
(Dinoseb)
88-85-7
0.066
2.5
Carbaryl
6
63-25-2
0.006
0.14
Carbenzadim
6
10605-21-7
0.056
1.4
Carbofuran
6
1563-66-2
0.006
0.14
Carbofuran phenol
6
1563-38-8
0.056
1.4
Carbon disulfide
75-15-0
3.8
4.8 mg/ℓ TCLP
Carbon tetrachloride
56-23-5
0.057
6.0
Carbosulfan
6
55285-14-8
0.028
1.4
Chlordane (α and
γ
isomers)
57-74-9
0.0033
0.26
p-Chloroaniline
106-47-8
0.46
16
Chlorobenzene
108-90-7
0.057
6.0
Chlorobenzilate
510-15-6
0.10
NA
2-Chloro-1,3-butadiene
126-99-8
0.057
0.28
p-Chloro-m-cresol
59-50-7
0.018
14
Chlorodibromomethane
124-48-1
0.057
15
Chloroethane
75-00-3
0.27
6.0
bis(2-Chloroethoxy)methane
111-91-1
0.036
7.2
bis(2-Chloroethyl)ether
111-44-4
0.033
6.0
2-Chloroethyl vinyl ether
110-75-8
0.062
NA
Chloroform
67-66-3
0.046
6.0
bis(2-Chloroisopropyl)ether
39638-32-9
0.055
7.2
Chloromethane (Methyl
chloride)
74-87-3
0.19
30
2-Chloronaphthalene
91-58-7
0.055
5.6
2-Chlorophenol
95-57-8
0.044
5.7
3-Chloropropylene
107-05-1
0.036
30
Chrysene
218-01-9
0.059
3.4
p-Cresidine
120-71-8
0.010
0.66
o-Cresol
95-48-7
0.11
5.6
m-Cresol (difficult to
distinguish from p-cresol)
108-39-4
0.77
5.6
p-Cresol (difficult to
distinguish from m-cresol)
106-44-5
0.77
5.6
m-Cumenyl methyl-
carbamate
6
64-00-6
0.056
1.4
Cyclohexanone
108-94-1
0.36
0.75 mg/ℓ TCLP
o,p'-DDD
53-19-0
0.023
0.087
p,p'-DDD
72-54-8
0.023
0.087
o,p'-DDE
3424-82-6
0.031
0.087
p,p'-DDE
72-55-9
0.031
0.087
o,p'-DDT
789-02-6
0.0039
0.087
776
p,p'-DDT
50-29-3
0.0039
0.087
Dibenz(a,h)anthracene
53-70-3
0.055
8.2
Dibenz(a,e)pyrene
192-65-4
0.061
NA
1,2-Dibromo-3-chloro-
propane
96-12-8
0.11
15
1,2-Dibromoethane/Ethylene
dibromide
106-93-4
0.028
15
Dibromomethane
74-95-3
0.11
15
m-Dichlorobenzene
541-73-1
0.036
6.0
o-Dichlorobenzene
95-50-1
0.088
6.0
p-Dichlorobenzene
106-46-7
0.090
6.0
Dichlorodifluoromethane
75-71-8
0.23
7.2
1,1-Dichloroethane
75-34-3
0.059
6.0
1,2-Dichloroethane
107-06-2
0.21
6.0
1,1-Dichloroethylene
75-35-4
0.025
6.0
trans-1,2-Dichloroethylene
156-60-5
0.054
30
2,4-Dichlorophenol
120-83-2
0.044
14
2,6-Dichlorophenol
87-65-0
0.044
14
2,4-Dichlorophenoxyacetic
acid/2,4-D
94-75-7
0.72
10
1,2-Dichloropropane
78-87-5
0.85
18
cis-1,3-Dichloropropylene
10061-01-5
0.036
18
trans-1,3-Dichloropropylene
10061-02-6
0.036
18
Dieldrin
60-57-1
0.017
0.13
Diethyl phthalate
84-66-2
0.20
28
p-Dimethylaminoazobenzene
60-11-7
0.13
NA
2,4-Dimethylaniline (2,4-
xylidine)
95-68-1
0.010
0.66
2,4-Dimethyl phenol
105-67-9
0.036
14
Dimethyl phthalate
131-11-3
0.047
28
Di-n-butyl phthalate
84-74-2
0.057
28
1,4-Dinitrobenzene
100-25-4
0.32
2.3
4,6-Dinitro-o-cresol
534-52-1
0.28
160
2,4-Dinitrophenol
51-28-5
0.12
160
2,4-Dinitrotoluene
121-14-2
0.32
140
2,6-Dinitrotoluene
606-20-2
0.55
28
Di-n-octyl phthalate
117-84-0
0.017
28
Di-n-propylnitrosamine
621-64-7
0.40
14
1,4-Dioxane
123-91-1
12.0
170
Diphenylamine (difficult to
distinguish from
diphenylnitrosamine)
122-39-4
0.92
13
Diphenylnitrosamine
(difficult to distinguish from
diphenylamine)
86-30-6
0.92
13
1,2-Diphenylhydrazine
122-66-7
0.087
NA
777
Disulfoton
298-04-4
0.017
6.2
Dithiocarbamates (total)
6
137-30-4
0.028
28
Endosulfan I
959-98-8
0.023
0.066
Endosulfan II
33213-65-9
0.029
0.13
Endosulfan sulfate
1031-07-8
0.029
0.13
Endrin
72-20-8
0.0028
0.13
Endrin aldehyde
7421-93-4
0.025
0.13
EPTC
6
759-94-4
0.042
1.4
Ethyl acetate
141-78-6
0.34
33
Ethyl benzene
100-41-4
0.057
10
Ethyl cyanide
(Propanenitrile)
107-12-0
0.24
360
Ethylene oxide
75-21-8
0.12
NA
Ethyl ether
60-29-7
0.12
160
bis(2-Ethylhexyl) phthalate
117-81-7
0.28
28
Ethyl methacrylate
97-63-2
0.14
160
Famphur
52-85-7
0.017
15
Fluoranthene
206-44-0
0.068
3.4
Fluorene
86-73-7
0.059
3.4
Formetanate hydrochloride
6
23422-53-9
0.056
1.4
Heptachlor
76-44-8
0.0012
0.066
1,2,3,4,6,7,8-Heptachloro-
dibenzo-p-dioxin
(1,2,3,4,6,7,8-HpCDD)
35822-46-9
0.000035
0.0025
1,2,3,4,6,7,8-Heptachloro-
dibenzofuran (1,2,3,4,6,7,8-
HpCDF)
67562-39-4
0.000035
0.0025
1,2,3,4,7,8,9-Heptachloro-
dibenzofuran (1,2,3,4,7,8,9-
HpCDF)
55673-89-7
0.000035
0.0025
Heptachlor epoxide
1024-57-3
0.016
0.066
Hexachlorobenzene
118-74-1
0.055
10
Hexachlorobutadiene
87-68-3
0.055
5.6
Hexachlorocyclopentadiene
77-47-4
0.057
2.4
HxCDDs (All Hexachloro-
dibenzo-p-dioxins)
NA
0.000063
0.001
HxCDFs (All Hexachloro-
dibenzofurans)
55684-94-1
0.000063
0.001
Hexachloroethane
67-72-1
0.055
30
Hexachloropropylene
1888-71-7
0.035
30
Indeno (1,2,3-c,d) pyrene
193-39-5
0.0055
3.4
Iodomethane
74-88-4
0.19
65
Isobutyl alcohol
78-83-1
5.6
170
Isodrin
465-73-6
0.021
0.066
Isosafrole
120-58-1
0.081
2.6
Kepone
143-50-0
0.0011
0.13
778
Methacrylonitrile
126-98-7
0.24
84
Methanol
67-56-1
5.6
0.75 mg/ℓ TCLP
Methapyrilene
91-80-5
0.081
1.5
Methiocarb
6
2032-65-7
0.056
1.4
Methomyl
6
16752-77-5
0.028
0.14
Methoxychlor
72-43-5
0.25
0.18
3-Methylcholanthrene
56-49-5
0.0055
15
4,4-Methylene bis(2-chloro-
aniline)
101-14-4
0.50
30
Methylene chloride
75-09-2
0.089
30
Methyl ethyl ketone
78-93-3
0.28
36
Methyl isobutyl ketone
108-10-1
0.14
33
Methyl methacrylate
80-62-6
0.14
160
Methyl methansulfonate
66-27-3
0.018
NA
Methyl parathion
298-00-0
0.014
4.6
Metolcarb
6
1129-41-5
0.056
1.4
Mexacarbate
6
315-18-4
0.056
1.4
Molinate
6
2212-67-1
0.042
1.4
Naphthalene
91-20-3
0.059
5.6
2-Naphthylamine
91-59-8
0.52
NA
o-Nitroaniline
88-74-4
0.27
14
p-Nitroaniline
100-01-6
0.028
28
Nitrobenzene
98-95-3
0.068
14
5-Nitro-o-toluidine
99-55-8
0.32
28
o-Nitrophenol
88-75-5
0.028
13
p-Nitrophenol
100-02-7
0.12
29
N-Nitrosodiethylamine
55-18-5
0.40
28
N-Nitrosodimethylamine
62-75-9
0.40
2.3
N-Nitroso-di-n-butylamine
924-16-3
0.40
17
N-Nitrosomethylethylamine
10595-95-6
0.40
2.3
N-Nitrosomorpholine
59-89-2
0.40
2.3
N-Nitrosopiperidine
100-75-4
0.013
35
N-Nitrosopyrrolidine
930-55-2
0.013
35
1,2,3,4,6,7,8,9-Octachloro-
dibenzo-p-dioxin
(1,2,3,4,6,7,8,9-OCDD)
3268-87-9
0.000063
0.005
1,2,3,4,6,7,8,9-Octachloro-
dibenzofuran (1,2,3,4,6,7,8,9-
OCDF)
39001-02-0
0.000063
0.005
Oxamyl
6
23135-22-0
0.056
0.28
Parathion
56-38-2
0.014
4.6
Total PCBs (sum of all PCB
isomers, or all Aroclors)
8
1336-36-3
0.10
10
Pebulate
6
1114-71-2
0.042
1.4
Pentachlorobenzene
608-93-5
0.055
10
779
PeCDDs (All Pentachloro-
dibenzo-p-dioxins)
36088-22-9
0.000063
0.001
PeCDFs (All Pentachloro-
dibenzofurans)
30402-15-4
0.000035
0.001
Pentachloroethane
76-01-7
0.055
6.0
Pentachloronitrobenzene
82-68-8
0.055
4.8
Pentachlorophenol
87-86-5
0.089
7.4
Phenacetin
62-44-2
0.081
16
Phenanthrene
85-01-8
0.059
5.6
Phenol
108-95-2
0.039
6.2
1,3-Phenylenediamine
108-45-2
0.010
0.66
Phorate
298-02-2
0.021
4.6
Phthalic acid
100-21-0
0.055
28
Phthalic anhydride
85-44-9
0.055
28
Physostigmine
6
57-47-6
0.056
1.4
Physostigmine salicylate
6
57-64-7
0.056
1.4
Promecarb
6
2631-37-0
0.056
1.4
Pronamide
23950-58-5
0.093
1.5
Propham
6
122-42-9
0.056
1.4
Propoxur
6
114-26-1
0.056
1.4
Prosulfocarb
6
52888-80-9
0.042
1.4
Pyrene
129-00-0
0.067
8.2
Pyridine
110-86-1
0.014
16
Safrole
94-59-7
0.081
22
Silvex (2,4,5-TP)
93-72-1
0.72
7.9
1,2,4,5-Tetrachlorobenzene
95-94-3
0.055
14
TCDDs (All Tetrachloro-
dibenzo-p-dioxins)
41903-57-5
0.000063
0.001
TCDFs (All Tetrachloro-
dibenzofurans)
55722-27-5
0.000063
0.001
1,1,1,2-Tetrachloroethane
630-20-6
0.057
6.0
1,1,2,2-Tetrachloroethane
79-34-5
0.057
6.0
Tetrachloroethylene
127-18-4
0.056
6.0
2,3,4,6-Tetrachlorophenol
58-90-2
0.030
7.4
Thiodicarb
6
59669-26-0
0.019
1.4
Thiophanate-methyl
6
23564-05-8
0.056
1.4
Toluene
108-88-3
0.080
10
Toxaphene
8001-35-2
0.0095
2.6
Triallate
6
2303-17-5
0.042
1.4
Tribromomethane
(Bromoform)
75-25-2
0.63
15
1,2,4-Trichlorobenzene
120-82-1
0.055
19
1,1,1-Trichloroethane
71-55-6
0.054
6.0
1,1,2-Trichloroethane
79-00-5
0.054
6.0
Trichloroethylene
79-01-6
0.054
6.0
Trichloromonofluoromethane
75-69-4
0.020
30
780
2,4,5-Trichlorophenol
95-95-4
0.18
7.4
2,4,6-Trichlorophenol
88-06-2
0.035
7.4
2,4,5-Trichlorophenoxyacetic
acid/2,4,5-T
93-76-5
0.72
7.9
1,2,3-Trichloropropane
96-18-4
0.85
30
1,1,2-Trichloro-1,2,2-
trifluoroethane
76-13-1
0.057
30
Triethylamine
6
101-44-8
0.081
1.5
tris-(2,3-Dibromopropyl)
phosphate
126-72-7
0.11
0.10
Vernolate
6
1929-77-7
0.042
1.4
Vinyl chloride
75-01-4
0.27
6.0
Xylenes-mixed isomers (sum
of o-, m-, and p-xylene
concentrations)
1330-20-7
0.32
30
Antimony
7440-36-0
1.9
1.15 mg/ℓ TCLP
Arsenic
7440-38-2
1.4
5.0 mg/ℓ TCLP
Barium
7440-39-3
1.2
21 mg/ℓ TCLP
Beryllium
7440-41-7
0.82
1.22 mg/ℓ TCLP
Cadmium
7440-43-9
0.69
0.11 mg/ℓ TCLP
Chromium (Total)
7440-47-3
2.77
0.60 mg/ℓ TCLP
Cyanides (Total)
4
57-12-5
1.2
590
Cyanides (Amenable)
4
57-12-5
0.86
30
Fluoride
5
16984-48-8
35
NA
Lead
7439-92-1
0.69
0.75 mg/ℓ TCLP
Mercury-Nonwastewater
from Retort
7439-97-6
NA
0.20 mg/ℓ TCLP
Mercury-All Others
7439-97-6
0.15
0.025 mg/ℓ TCLP
Nickel
7440-02-0
3.98
11 mg/ℓ TCLP
Selenium
7
7782-49-2
0.82
5.7 mg/ℓ TCLP
Silver
7440-22-4
0.43
0.14 mg/ℓ TCLP
Sulfide
18496-25-8
14
NA
Thallium
7440-28-0
1.4
0.20 mg/ℓ TCLP
Vanadium
5
7440-62-2
4.3
1.6 mg/ℓ TCLP
Zinc
5
7440-66-6
2.61
4.3 mg/ℓ TCLP
1
CAS means Chemical Abstract Services. When the waste code or regulated constituents
are described as a combination of a chemical with its salts or esters, the CAS number is
given for the parent compound only.
2
Concentration standards for wastewaters are expressed in mg/ℓ are based on analysis of
composite samples.
3
Except for metals (EP or TCLP) and cyanides (total and amenable), the nonwastewater
treatment standards expressed as a concentration were established, in part, based on
incineration in units operated in accordance with the technical requirements of Subpart O
781
of 35 Ill. Adm. Code 724 or Subpart O of 35 Ill. Adm. Code 725 or on combustion in fuel
substitution units operating in accordance with applicable technical requirements. A
facility may comply with these treatment standards according to provisions in Section
728.140(d). All concentration standards for nonwastewaters are based on analysis of
grab samples.
4
Both Cyanides (Total) and Cyanides (Amenable) for nonwastewaters are to be analyzed
using Method 9010C or 9012B, in “Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,” USEPA publication number EPA-530/SW-846,
incorporated by reference in 35 Ill. Adm. Code 720.111(a), with a sample size of 10
grams and a distillation time of one hour and 15 minutes.
5
These constituents are not “underlying hazardous constituents” in characteristic wastes,
according to the definition at Section 728.102(i).
6
This footnote corresponds with footnote 6 to the table to 40 CFR 268.48(a), which has
already expired by its own terms. This statement maintains structural consistency with
the corresponding federal regulations.
7
This constituent is not an underlying hazardous constituent, as defined at Section
728.102(i), because its UTS level is greater than its TC level. Thus, a treated selenium
waste would always be characteristically hazardos unless it is treated to below its
characteristic level.
8
This standard is temporarily deferred for soil exhibiting a hazardous characteristic due to
USEPA hazardous waste numbers D004 through D011 only.
Note: NA means not applicable.
BOARD NOTE: Derived from table to 40 CFR 268.48(a) (2005)
(2007).
(Source: Amended at 32 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
739.100
Definitions
782
SUBPART B: APPLICABILITY
Section
739.110
Applicability
739.111
Used Oil Specifications
739.112
Prohibitions
739.113
Electronic Reporting
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 that 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
739.158
Off-Site Shipments of Used Oil
739.159
Management of Residues
783
SUBPART G: STANDARDS FOR USED OIL BURNERS THAT 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: DISPOSAL OF USED OIL
Section
739.180
Applicability
739.181
Disposal
739.182
Use As a Dust Suppressant
AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 22.4, and 27].
SOURCE: Adopted in R93-4 at 17 Ill. Reg. 20954, effective Nov. 22, 1993; amended in R93-16
at 18 Ill. Reg. 6931, effective April 26, 1994; amended in R94-17 at 18 Ill. Reg. 17616, effective
Nov. 23, 1994; amended in R95-6 at 19 Ill. Reg. 10036, effective June 27, 1995; amended in
R96-10/R97-3/R97-5 at 22 Ill. Reg. 767, effective December 16, 1997; amended in R98-21/R99-
2/R99-7 at 23 Ill. Reg. 2274, effective January 19, 1999; amended in R04-16 at 28 Ill. Reg.
10706, effective July 19, 2004; amended in R06-5/R06-6/R06-7 at 30 Ill. Reg. 4094, effective
February 23, 2006; amended in R06-16/R06-17/R06-18 at 31 Ill. Reg. 1413, effective December
20, 2006; amended in R07-5/R07-14 at 32 Ill. Reg. ________, effective
______________________.
SUBPART B: APPLICABILITY
Section 739.110
Applicability
This Section identifies those materials that are subject to regulation as used oil under this Part.
784
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 35 Ill. Adm. Code 702, 703, and 720 through 728.
a)
Used oil. Used oil is presumed 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 Subpart C of
35 Ill. Adm. Code 721.
b)
Mixtures of used oil and hazardous waste.
1)
Listed hazardous waste.
A)
A mixture of used oil and hazardous waste that is listed in Subpart
D of 35 Ill. Adm. Code 721 is subject to regulation as hazardous
waste under 35 Ill. Adm. Code 702, 703, and 720 through 728,
rather than as used oil under this Part.
B)
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 Subpart D of 35 Ill. Adm. Code 721. An owner or operator may
rebut this presumption by demonstrating that the used oil does not
contain hazardous waste (for example, by showing that the used oil
does not contain significant concentrations of halogenated
hazardous constituents listed in Appendix H of 35 Ill. Adm. Code
721).
i)
This 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. This presumption does apply
to metalworking oils or fluids if such oils or fluids are
recycled in any other manner, or disposed.
ii)
This rebuttable presumption does not apply to used oils
contaminated with chlorofluorocarbons (CFCs) removed
from refrigeration units where the CFCs are destined for
reclamation. This rebuttable presumption does apply to
used oils contaminated with CFCs that have been mixed
with used oil from sources other than refrigeration units.
2)
Characteristic hazardous waste. A mixture of used oil and hazardous
785
waste that solely
exhibits a one or more of the hazardous waste
characteristic
characteristics identified in Subpart C of 35 Ill. Adm. Code
721 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 Subpart C of 35 Ill. Adm. Code 721 is
subject to the following:
A)
Except as provided in subsection (b)(2)(C) of this Section,
regulation as hazardous waste under 35 Ill. Adm. Code 702, 703,
and 720 through 728 rather than as used oil under this Part, if the
resultant mixture exhibits any characteristics of hazardous waste
identified in Subpart C of 35 Ill. Adm. Code 721; or
B)
Except as provided in subsection (b)(2)(C) of this Section,
regulation as used oil under this Part, if the resultant mixture does
not exhibit any characteristics of hazardous waste identified under
Subpart C of 35 Ill. Adm. Code 721.
C)
Regulation as used oil under this Part, if the mixture is of used oil
and a waste that is hazardous solely because it exhibits the
characteristic of ignitability (e.g., ignitable-only mineral spirits),
provided that the resultant mixture does not exhibit the
characteristic of ignitability under 35 Ill. Adm. Code 721.121.
3)
Conditionally exempt small quantity generator hazardous waste. A
mixture of used oil and conditionally exempt small quantity generator
hazardous waste regulated under 35 Ill. Adm. Code 721.105 is subject to
regulation as used oil under this Part.
c)
Materials containing or otherwise contaminated with used oil.
1)
Except as provided in subsection (c)(2) of this Section, the following is
true of a material containing or otherwise contaminated with used oil from
which the used oil has been properly drained or removed to the extent
possible so that no visible signs of free-flowing oil remain in or on the
material:
A)
The material is not used oil, so it is not subject to this Part, and
B)
If applicable, the material is subject to the hazardous waste
regulations of 35 Ill. Adm. Code 702, 703, and 720 through 728.
2)
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.
786
3)
Used oil drained or removed from materials containing or otherwise
contaminated with used oil is subject to regulation as used oil under this
Part.
d)
Mixtures of used oil with products.
1)
Except as provided in subsection (d)(2) of this Section, mixtures of used
oil and fuels or other fuel products are subject to regulation as used oil
under this Part.
2)
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.
e)
Materials derived from used oil.
1)
The following is true of materials that are reclaimed from used oil, which
are used beneficially, and which are not burned for energy recovery or
used in a manner constituting disposal (e.g., re-refined lubricants):
A)
The materials are not used oil and thus are not subject to this Part,
and
B)
The materials are not solid wastes and are thus not subject to the
hazardous waste regulations of 35 Ill. Adm. Code 702, 703, and
720 through 728, as provided in 35 Ill. Adm. Code 721.103(e)(1).
2)
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.
3)
Except as provided in subsection (e)(4) of this Section, the following is
true of materials derived from used oil that are disposed of or used in a
manner constituting disposal:
A)
The materials are not used oil and thus are not subject to this Part,
and
B)
The materials are solid wastes and thus are subject to the
hazardous waste regulations of 35 Ill. Adm. Code 702, 703, and
720 through 728 if the materials are listed or identified as
hazardous waste.
4)
Used oil re-refining distillation bottoms that are used as feedstock to
manufacture asphalt products are not subject to this Part.
787
f)
Wastewater. Wastewater, the discharge of which is subject to regulation under
either Section 402 or Section 307(b) of the federal Clean Water Act (including
wastewaters at facilities that 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.
g)
Used oil introduced into crude oil pipelines or a petroleum refining facility.
1)
Used oil mixed with crude oil or natural gas liquids (e.g., in a production
separator or crude oil stock tank) for insertion into a crude oil pipeline is
exempt from the requirements of this Part. The used oil is subject to the
requirements of this Part prior to the mixing of used oil with crude oil or
natural gas liquids.
2)
Mixtures of used oil and crude oil or natural gas liquids containing less
than one percent used oil that are being stored or transported to a crude oil
pipeline or petroleum refining facility for insertion into the refining
process at a point prior to crude distillation or catalytic cracking are
exempt from the requirements of this Part.
3)
Used oil that is inserted into the petroleum refining process before crude
distillation or catalytic cracking without prior mixing with crude oil is
exempt from the requirements of this Part, provided that the used oil
contains less than one percent of the crude oil feed to any petroleum
refining facility process unit at any given time. Prior to insertion into the
petroleum refining process, the used oil is subject to the requirements of
this Part.
4)
Except as provided in subsection (g)(5) of this Section, used oil that is
introduced into a petroleum refining facility process after crude distillation
or catalytic cracking is exempt from the requirements of this Part only if
the used oil meets the specification of Section 739.111. Prior to insertion
into the petroleum refining facility process, the used oil is subject to the
requirements of this Part.
5)
Used oil that is incidentally captured by a hydrocarbon recovery system or
wastewater treatment system as part of routine process operations at a
petroleum refining facility and inserted into the petroleum refining facility
process is exempt from the requirements of this Part. This exemption does
not extend to used oil that is intentionally introduced into a hydrocarbon
788
recovery system (e.g., by pouring collected used oil into the wastewater
treatment system).
6)
Tank bottoms from stock tanks containing exempt mixtures of used oil
and crude oil or natural gas liquids are exempt from the requirements of
this Part.
h)
Used oil on vessels. Used oil produced on vessels from normal shipboard
operations is not subject to this Part until it is transported ashore.
i)
Used oil containing PCBs. Used oil containing PCBs, as defined at 40 CFR 761.3
(Definitions), incorporated by reference at 35 Ill. Adm. Code 720.111(b), at any
concentration less than 50 ppm is subject to the requirements of this Part unless,
because of dilution, it is regulated under federal 40 CFR 761 as a used oil
containing PCBs at 50 ppm or greater. PCB-containing used oil subject to the
requirements of this Part may also be subject to the prohibitions and requirements
of 40 CFR 761, including 40 CFR 761.20(d) and (e). Used oil containing PCBs at
concentrations of 50 ppm or greater is not subject to the requirements of this Part,
but is subject to regulation under federal 40 CFR 761. No person may avoid these
provisions by diluting used oil containing PCBs, unless otherwise specifically
provided for in this Part or federal 40 CFR 761.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 739.111
Used Oil Specifications
Used oil burned for energy recovery, and any fuel produced from used oil by processing, 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 the following table.
Once used oil that is to be burned for energy recovery has been shown not to exceed any
specification
allowable level 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.
Used Oil Specification
Allowable Levels When Burned for Energy Recovery
1
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
2
789
FOOTNOTE:
1
The specification does allowable levels do not apply to mixtures of used oil and
hazardous waste that continue to be regulated as hazardous waste (see Section 739.110(b)).
FOOTNOTE:
2
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 Subpart H of 35 Ill. Adm. Code 726, 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 32 Ill. Reg. ________, effective ______________________)
SUBPART E: STANDARDS FOR USED OIL TRANSPORTER AND
TRANSFER FACILITIES
Section 739.143
Used Oil Transportation
a)
Deliveries. A used oil transporter must deliver all used oil received to one of the
following:
1)
Another used oil transporter, provided that the transporter has obtained a
USEPA identification number and an Illinois special waste identification
number;
2)
A used oil processing facility that has obtained a USEPA identification
number and an Illinois special waste identification number;
3)
An off-specification used oil burner facility that has obtained a USEPA
identification number and an Illinois special waste identification number; or
4)
An on-specification used oil burner facility.
b)
USDOT requirements. A used oil transporter must comply with all applicable
USDOT requirements in 49 CFR 171 through 180. A person transporting used oil
that meets the definition of a hazardous material in 49 CFR 171.8 (Definitions and
Abbreviations), incorporated by reference in 35 Ill. Adm. Code 720.111(b), must
comply with all applicable USDOT Hazardous Materials Regulations in 49 CFR 171
(General Information, Regulations, and Definitions), 172 (Hazardous Materials
Table, Special Provisions, Hazardous Materials Communications, Emergency
Response Information, and Training Requirements), 173 (Shippers--General
Requirements for Shipments and Packages), 174 (Carriage by Rail), 175
(Carriage by Aircraft), 176 (Carriage by Vessel), 177 (Carriage by Public
Highway), 178 (Specifications for Packagings), 179 (Specifications for Tank
Cars), and 180 (Continuing Qualification and Maintenance of Packagings),
790
incorporated by reference in 35 Ill. Adm. Code 720.111(b).
c)
Used oil discharges.
1)
In the event of a discharge of used oil during transportation, the transporter
must take appropriate immediate action to protect human health and the
environment (e.g., notify local authorities, dike the discharge area).
2)
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 transporter that does not have a
USEPA identification number and an Illinois special waste identification
number.
3)
An air, rail, highway, or water transporter that has discharged used oil must
do the following:
A)
Give notice, if required by federal 49 CFR 171.15 (Immediate
Notice of Certain Hazardous Materials Incidents), incorporated by
reference in 35 Ill. Adm. Code 720.111(b), to the National
Response Center (800-424-8802 or 202-426-2675); and
B)
Report in writing as required by federal 49 CFR 171.16 (Detailed
Hazardous Materials Incident Reports), incorporated by reference
in 35 Ill. Adm. Code 720.111(b), to the Director, Office of
Hazardous Materials Regulations, Materials Transportation Bureau,
Department of Transportation, Washington, DC 20590.
4)
A water transporter that has discharged used oil must give notice as required
by federal 33 CFR 153.203 (Procedure for the Notice of Discharge),
incorporated by reference in 35 Ill. Adm. Code 720.111(b).
5)
A transporter must clean up any used oil discharged
discharge 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
presents a hazard to human health or the environment.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 739.144
Rebuttable Presumption for Used Oil
a)
To ensure that used oil is not a hazardous waste under the rebuttable presumption of
Section 739.110(b)(1)(ii), the used oil transporter must determine whether the total
halogen content of used oil being transporter
transported or stored at a transfer
791
facility is above or below 1,000 ppm.
b)
The transporter must make this determination by the following means:
1)
Testing the used oil; or
2)
Applying knowledge of the halogen content of the used oil in light of the
materials or processes used.
c)
If the used oil contains greater than or equal to 1,000 ppm total halogens, it is
presumed to be a hazardous waste because it has been mixed with halogenated
hazardous waste listed in Subpart D of 35 Ill. Adm. Code 721. The owner or
operator may rebut the presumption by demonstrating that the used oil does not
contain hazardous waste (for example, by showing that the used oil does not contain
significant concentrations of halogenated hazardous constituents listed in Appendix
H of 35 Ill. Adm. Code 721).
1)
The rebuttable presumption does not apply to metalworking oils and fluids
containing chlorinated paraffins, if they are processed, through a tolling
arrangement as described in Section 739.124(c), to reclaim metalworking oils
and fluids. The presumption does apply to metalworking oils and fluids if
such oils and fluids are recycled in any other manner, or disposed.
2)
The rebuttable presumption does not apply to used oils contaminated with
chlorofluorocarbons (CFCs) removed from refrigeration units if the CFC
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.
d)
Record retention. Records of analyses conducted or information used to comply
with subsections (a), (b), and (c) of this Section must be maintained by the
transporter for at least three years.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 739.145
Used Oil Storage at Transfer Facilities
A used oil transporter is subject to all applicable Spill Prevention, Control and Countermeasures (40
CFR 112) in addition to the requirements of this Subpart E. A used oil transporter is 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.
a)
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
792
hours during the normal course of transportation and not longer than 35 days. A
transfer facility that store used oil for more than 35 days are subject to regulation
under Subpart F of this Part
.
b)
Storage units. An owner or operator of a used oil transfer facility may not store used
oil in units other than tanks, containers, or units subject to regulation under 35 Ill.
Adm. Code 724 or 725.
c)
Condition of units. The following must be true of containers and aboveground tanks
used to store used oil at a transfer facility:
1)
The containers must be in good condition (no severe rusting, apparent
structural defects or deterioration); and
2)
The containers may not be leaking (no visible leaks).
d)
Secondary containment for containers. Containers used to store used oil at a transfer
facility must be equipped with a secondary containment system.
1)
The secondary containment system must consist of the following, at a
minimum:
A)
Both of the following:
i)
Dikes, berms, or retaining walls; and
ii)
A floor. The floor must cover the entire area within the dikes,
berms, or retaining walls; or
B)
An equivalent secondary containment system.
2)
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.
e)
Secondary containment for existing aboveground tanks. Existing aboveground tanks
used to store used oil at a transfer facility must be equipped with a secondary
containment system.
1)
The secondary containment system must consist of the following, at a
minimum:
A)
Both of the following:
i)
Dikes, berms, or retaining walls; and
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ii)
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
B)
An equivalent secondary containment system.
2)
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.
f)
Secondary containment for new aboveground tanks. New aboveground tanks used to
store used oil at a transfer facility must be equipped with a secondary containment
system.
1)
The secondary containment system must consist of the following, at a
minimum:
A)
Both of the following:
i)
Dikes, berms, or retaining walls; and
ii)
A floor. The floor must cover the entire area within the dike,
berm, or retaining wall; or
B)
An equivalent secondary containment system.
2)
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.
g)
Labels.
1)
Containers and aboveground tanks used to store used oil at transfer facilities
must be labeled or marked clearly with the words “Used Oil.”
2)
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.”
h)
Response to releases. Upon detection of a release of used oil to the environment that
is not subject to the federal requirements of subpart F of 40 CFR 280 and which has
occurred after October 4, 1996, an owner or operator of a transfer facility must
perform the following cleanup steps:
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BOARD NOTE: Corresponding 40 CFR 279.45(h) applies to releases that
“occurred after the effective date of the authorized used oil program for the State in
which the release is located.” The Board adopted the used oil standards in docket
R93-4 at 17 Ill. Reg. 20954, effective Nov. 22, 1993. USEPA approved the
Illinois standards at 61 Fed. Reg. 40521 (Aug. 5, 1996), effective October 4,
1996. The Board has interpreted “the effective date of the authorized used oil
program” to mean the October 4, 1996 date of federal authorization of the Illinois
program, and we substituted that date for the federal effective date language. Had
USEPA written something like “the effective date of the used oil program in the
authorized State in which the release is located,” the Board would have used the
Nov. 22, 1993 effective date of the Illinois used oil standards.
1)
Stop the release;
2)
Contain the released used oil;
3)
Properly clean up and manage the released used oil and other materials; and
4)
If necessary, repair or replace any leaking used oil storage containers or tanks
prior to returning them to service.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART F: STANDARDS FOR USED OIL PROCESSORS
Section 739.152
General Facility Standards
a)
Preparedness and prevention. An owner or operator of a used oil processing or re-
refining facility must comply with the following requirements:
1)
Maintenance and operation of a facility. All 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 that could threaten human health or the environment.
2)
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:
A)
An internal communications or alarm system capable of providing
immediate emergency instruction (voice or signal) to facility
personnel;
B)
A device, such as a telephone (immediately available at the scene of
operations) or a hand-held two-way radio, capable of summoning
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emergency assistance from local police departments, fire
departments, or State or local emergency response teams;
C)
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
D)
Water at adequate volume and pressure to supply water hose streams,
foam producing equipment, automatic sprinklers, or water spray
systems.
3)
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.
4)
Access to communications or alarm system.
A)
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.
B)
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.
5)
Required aisle space. The owner or operator must 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.
6)
Arrangements with local authorities.
A)
The owner or operator must 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:
i)
Arrangements to familiarize police, fire departments, and
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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
iv)
Arrangements to familiarize local hospitals with the
properties of used oil handled at the facility and the types of
injuries or illnesses that could result from fires, explosions, or
releases at the facility.
B)
Where State or local authorities decline to enter into such
arrangements, the owner or operator must document the refusal in the
operating record.
b)
Contingency plan and emergency procedures. An owner or operator of a used oil
processing or re-refining facility must comply with the following requirements:
1)
Purpose and implementation of contingency plan.
A)
Each owner or operator must 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.
B)
The provisions of the plan must be carried out immediately
whenever there is a fire, explosion, or release of used oil that could
threaten human health or the environment.
2)
Content of contingency plan.
A)
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.
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B)
If the owner or operator has already prepared a Spill Prevention
Control and Countermeasures (SPCC) Plan in accordance with
federal 40 CFR 112 or 40 CFR 300, 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.
C)
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,
pursuant to subsection (a)(6) of this Section.
D)
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.
E)
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.
F)
The plan must include an evacuation plan for facility personnel where
there is a possibility that evacuation could be necessary. This plan
must describe signals 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).
3)
Copies of contingency plan. Copies of the contingency plan and all revisions
to the plan must be disposed of as follows:
A)
Maintained at the facility; and
B)
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.
4)
Amendment of contingency plan. The contingency plan must be reviewed,
and immediately amended, if necessary, whenever one of the following
occurs:
798
A)
Applicable regulations are revised;
B)
The plan fails in an emergency;
C)
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;
D)
The list of emergency coordinators changes; or
E)
The list of emergency equipment changes.
5)
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 must 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: USEPA cited the following as guidance: “The emergency
coordinator’s responsibilities are more fully spelled out in [subsection (b)(6)
of this Section]. 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.”
6)
Emergency procedures.
A)
Whenever there is an imminent or actual emergency situation, the
emergency coordinator (or the designee when the emergency
coordinator is on call) must immediately do the following:
i)
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.
B)
Whenever there is a release, fire, or explosion, the emergency
coordinator must immediately identify the character, exact source,
amount, and a real
areal extent of any released materials. He or she
may do this by observation or review of facility records of
or
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manifests and, if necessary, by chemical analysts
analyses.
C)
Concurrently, the emergency coordinator must 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
effects of any toxic, irritating, or asphyxiating gases that are
generated, or the effects of any hazardous surface water run-offs
from water of
or chemical agents used to control fire and heat-
induced explosions).
D)
If the emergency coordinator determines that the facility has had a
release, fire, or explosion that could threaten human health, or the
environment, outside the facility, he or she must report his findings
as follows:
i)
If his assessment indicated that evacuation of local areas may
be advisable, he or she must immediately notify appropriate
local authorities. He or she must be available to help
appropriate officials decide whether local areas should be
evacuated; and
ii)
He must immediately notify either the government official
designated as the on-scene coordinator for the geographical
area (in the applicable regional contingency plan under
federal 40 CFR 300), or the National Response Center (using
their 24-hour toll free number (800) 424-8802). The report
must include the following information: name and
telephone number of reporter; name and address of facility;
time and type of incident (e.g., release, fire); name and
quantity of materials involved, to the extent known; the extent
of injuries, if any; and the possible hazards to human health,
or the environment, outside the facility.
E)
During an emergency, the emergency coordinator must 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.
F)
If the facility stops operation in response to a fire, explosion, or
release, the emergency coordinator must monitor for leaks, pressure
buildup, gas generation, or ruptures in valves, pipes, or other
equipment, wherever this is appropriate.
800
G)
Immediately after an emergency, the emergency coordinator must
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.
H)
The emergency coordinator must ensure that the following occur, in
the affected areas of the facility:
i)
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)
All emergency equipment listed in the contingency plan is
cleaned and fit for its intended use before operations are
resumed.
iii)
The owner or operator must notify the Agency, and all other
appropriate State and local authorities that the facility is in
compliance with subsections (b)(6)(H)(i) and (b)(6)(H)(ii) of
this Section before operations are resumed in the affected
areas of the facility.
I)
The owner or operator must 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, it must submit a
written report on the incident to USEPA Region 5. The report must
include the following:
i)
The name, address, and telephone number of the owner or
operator;
ii)
The name, address, and telephone number of the facility;
iii)
The date, time, and type of incident (e.g., fire, explosion);
iv)
The name and quantity of materials involved;
v)
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 estimated quantity and disposition of recovered material
that resulted from the incident.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
801
Section 739.155
Analysis Plan
An owner or operator of a used oil processing or re-refining facility must develop and follow a
written analysis plan describing the procedures that will be used to comply with the analysis
requirements of Section 739.153 and, if applicable, Section 739.172. The owner or operator must
keep the plan at the facility.
a)
Rebuttable presumption for used oil in Section 739.153. At a
minimum, the plan
must specify the following:
1)
Whether sample analyses or knowledge of the halogen content of the used oil
will be used to make this determination;
2)
If sample analyses are used to make this determination, the following
requirements must be fulfilled:
A)
The sampling method used to obtain representative samples to be
analyzed. A representative sample may be obtained using either of
the following:
i)
One of the sampling methods in Appendix I of 35 Ill. Adm.
Code 721; or
ii)
A method shown to be equivalent under 35 Ill. Adm. Code
720.120 and 720.121;
B)
The frequency of sampling to be performed, and whether the analysis
will be performed on-site or off-site; and
C)
The methods used to analyze used oil for the parameters specified in
Section 739.153; and
3)
The type of information that will be used to determine the halogen content of
the used oil.
b)
On-specification used oil fuel in Section 739.172. At a minimum, the plan must
specify the following if Section 739.172 is applicable:
1)
Whether sample analyses or other information will be used to make this
determination;
2)
If sample analyses are used to make this determination, the following must
be specified:
A)
The sampling method used to obtain representative samples to be
802
analyzed. A representative sample may be obtained using either of
the following:
i)
One of the sampling methods in Appendix I of 35 Ill. Adm.
Code 721; or
ii)
A method shown to be equivalent under 35 Ill. Adm. Code
720.120 and 720.121;
B)
Whether used oil will be sampled and analyzed prior to or after any
processing;
C)
The frequency of sampling to be performed, and whether the analysis
will be performed on-site or off-site; and
D)
The methods used to analyze used oil for the parameters specified in
Section 739.172; and
3)
The type of information that will be used to make the on-specification used
oil fuel determination.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
Section 739.159
Management of Residues
An owner or operator that generates residues from the storage, processing, or re-fining
re-refining of
used oil must manage the residues as specified in Section 739.110(e).
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART G: STANDARDS FOR USED OIL BURNERS THAT BURN OFF-
SPECIFICATION USED OIL FOR ENERGY RECOVERY
Section 739.164
Used Oil Storage
A used oil burner is subject to all applicable Spill Prevention, Control and Countermeasures (federal
40 CFR 112) in addition to the requirements of this Subpart G. A used oil burner is 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 G.
a)
Storage units. A used oil burner may not store used oil in units other than tanks,
containers, or units subject to regulation under 35 Ill. Adm. Code 724 or 725.
b)
Condition of units. The following must be true of containers and aboveground tanks
used to store used oil at a burner facility:
803
1)
The containers must be in good condition (no severe rusting, apparent
structural defects or deterioration); and
2)
The containers may not be leaking (no visible leaks).
c)
Secondary containment for containers. Containers used to store used oil at a burner
facility must be equipped with a secondary containment system.
1)
The secondary containment system must consist of the following, at a
minimum:
A)
Dikes, berms, or retaining walls; and
B)
A floor. The floor must cover the entire area within the dike, berm,
or retaining wall.
2)
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.
d)
Secondary containment for existing aboveground tanks. Existing aboveground tanks
used to store used oil at burner facilities must be equipped with a secondary
containment system.
1)
The secondary containment system must consist of the following, at a
minimum:
A)
Both of the following:
i)
Dikes, berms, or retaining walls; and
ii)
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
B)
An equivalent secondary containment system.
2)
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.
e)
Secondary containment for existing
new aboveground tanks. A new aboveground
tank used to store used oil at burner facilities must be equipped with a secondary
804
containment system.
1)
The secondary containment system must consist of the following, at a
minimum:
A)
Both of the following:
i)
Dikes, berms, or retaining walls; and
ii)
A floor. The floor must cover the entire area within the dike,
berm, or retaining wall; or
B)
An equivalent secondary containment system.
2)
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.
f)
Labels.
1)
A container or aboveground tank used to store used oil at a burner facility
must be labeled or marked clearly with the words “Used Oil.”
2)
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.”
g)
Response to releases. Upon detection of a release of used oil to the environment that
is not subject to the federal requirements of subpart F of 40 CFR 280 and which has
occurred after October 4, 1996, a burner must perform the following cleanup steps:
BOARD NOTE: Corresponding 40 CFR 279.64(g) applies to releases that
“occurred after the effective date of the authorized used oil program for the State in
which the release is located.” The Board adopted the used oil standards in docket
R93-4 at 17 Ill. Reg. 20954, effective Nov. 22, 1993. USEPA approved the
Illinois standards at 61 Fed. Reg. 40521 (Aug. 5, 1996), effective October 4,
1996. The Board has interpreted “the effective date of the authorized used oil
program” to mean the October 4, 1996 date of federal authorization of the Illinois
program, and we substituted that date for the federal effective date language. Had
USEPA written something like “the effective date of the used oil program in the
authorized State in which the release is located,” the Board would have used the
Nov. 22, 1993 effective date of the Illinois used oil standards.
1)
Stop the release;
2)
Contain the released used oil;
805
3)
Properly clean up and manage the released used oil and other materials; and
4)
If necessary, repair or replace any leaking used oil storage containers or tanks
prior to returning them to service.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above order on March 20, 2008, by a vote of 4-0.
____________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
