JCAR350720-0804970r01
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TITLE 35: ENVIRONMENTAL PROTECTION
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SUBTITLE G: WASTE DISPOSAL
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CHAPTER I: POLLUTION CONTROL BOARD
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SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
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PART 720
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HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
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SUBPART A: GENERAL PROVISIONS
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Section
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720.101
Purpose, Scope, and Applicability
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720.102
Availability of Information; Confidentiality of Information
14 720.103
Use of Number and Gender
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720.104
Electronic Reporting
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SUBPART B: DEFINITIONS AND REFERENCES
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19
Section
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720.110
Definitions
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720.111
References
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SUBPART C: RULEMAKING PETITIONS AND OTHER PROCEDURES
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25
Section
26 720.120
Rulemaking
27 720.121
Alternative Equivalent Testing Methods
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720.122
Waste Delisting
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720.123
Petitions for Regulation as Universal Waste
30 720.130
Procedures for Solid Waste Determinations
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720.131
Solid Waste Determinations
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720.132
Boiler Determinations
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720.133
Procedures for Determinations
34 720.140
Additional Regulation of Certain Hazardous Waste Recycling Activities on a
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Case-by-Case Basis
36 720.141
Procedures for Case-by-Case Regulation of Hazardous Waste Recycling
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Activities
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39 720.APPENDIX A Overview of Federal RCRA Subtitle C (Hazardous Waste) Regulations
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41 AUTHORITY: Implementing Sections 7.2, 13, and 22.4 and authorized by Section 27 of the
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Environmental Protection Act [415 ILCS 5/7.2, 13, 22.4, and 27].
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44 SOURCE: Adopted in R81-22 at 5 Ill. Reg. 9781, effective May 17, 1982; amended and
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codified in R81-22 at 6 Ill. Reg. 4828, effective May 17, 1982; amended in R82-19 at 7 Ill. Reg.
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14015, effective October 12, 1983; amended in R84-9 at 9 Ill. Reg. 11819, effective July 24,
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1985; amended in R85-22 at 10 Ill. Reg. 968, effective January 2, 1986; amended in R86-1 at 10
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Ill. Reg. 13998, effective August 12, 1986; amended in R86-19 at 10 Ill. Reg. 20630, effective
49 December 2, 1986; amended in R86-28 at 11 Ill. Reg. 6017, effective March 24, 1987; amended
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in R86-46 at 11 Ill. Reg. 13435, effective August 4, 1987; amended in R87-5 at 11 Ill. Reg.
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19280, effective November 12, 1987; amended in R87-26 at 12 Ill. Reg. 2450, effective January
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15, 1988; amended in R87-39 at 12 Ill. Reg. 12999, effective July 29, 1988; amended in R88-16
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at 13 Ill. Reg. 362, effective December 27, 1988; amended in R89-1 at 13 Ill. Reg. 18278,
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effective November 13, 1989; amended in R89-2 at 14 Ill. Reg. 3075, effective February 20,
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1990; amended in R89-9 at 14 Ill. Reg. 6225, effective April 16, 1990; amended in R90-10 at 14
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Ill. Reg. 16450, effective September 25, 1990; amended in R90-17 at 15 Ill. Reg. 7934, effective
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May 9, 1991; amended in R90-11 at 15 Ill. Reg. 9323, effective June 17, 1991; amended in R91-
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1 at 15 Ill. Reg. 14446, effective September 30, 1991; amended in R91-13 at 16 Ill. Reg. 9489,
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effective June 9, 1992; amended in R92-1 at 16 Ill. Reg. 17636, effective November 6, 1992;
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amended in R92-10 at 17 Ill. Reg. 5625, effective March 26, 1993; amended in R93-4 at 17 Ill.
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Reg. 20545, effective November 22, 1993; amended in R93-16 at 18 Ill. Reg. 6720, effective
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April 26, 1994; amended in R94-7 at 18 Ill. Reg. 12160, effective July 29, 1994; amended in
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R94-17 at 18 Ill. Reg. 17480, effective November 23, 1994; amended in R95-6 at 19 Ill. Reg.
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9508, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 10929, effective August 1,
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1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 256, effective December 16, 1997;
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amended in R98-12 at 22 Ill. Reg. 7590, effective April 15, 1998; amended in R97-21/R98-
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3/R98-5 at 22 Ill. Reg. 17496, effective September 28, 1998; amended in R98-21/R99-2/R99-7 at
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23 Ill. Reg. 1704, effective January 19, 1999; amended in R99-15 at 23 Ill. Reg. 9094, effective
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July 26, 1999; amended in R00-5 at 24 Ill. Reg. 1063, effective January 6, 2000; amended in
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R00-13 at 24 Ill. Reg. 9443, effective June 20, 2000; amended in R01-3 at 25 Ill. Reg. 1266,
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effective January 11, 2001; amended in R01-21/R01-23 at 25 Ill. Reg. 9168, effective July 9,
72 2001; amended in R02-1/R02-12/R02-17 at 26 Ill. Reg. 6550, effective April 22, 2002; amended
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in R03-7 at 27 Ill. Reg. 3712, effective February 14, 2003; amended in R03-18 at 27 Ill. Reg.
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12713, effective July 17, 2003; amended in R05-8 at 29 Ill. Reg. 5974, effective April 13, 2005;
75 amended in R05-2 at 29 Ill. Reg. 6290, effective April 22, 2005; amended in R06-5/R06-6/R06-7
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at 30 Ill. Reg. 2930, effective February 23, 2006; amended in R06-16/R06-17/R06-18 at 31 Ill.
77 Reg. 730, effective December 20, 2006; amended in R07-5/R07-14 at 32 Ill. Reg.
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effective
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SUBPART B: DEFINITIONS AND REFERENCES
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Section 720.110 Definitions
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84 When used in 35 Ill. Adm. Code 720 through 728, 733, 738, and 739 only, the following terms
85 have the meanings given below:
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"Aboveground tank" means a device meeting the definition of tank that is situated
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in such a way that the entire surface area of the tank is completely above the plane
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of the adjacent surrounding surface and the entire surface area of the tank
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(including the tank bottom) is able to be visually inspected.
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"Active life" of a facility means the period from the initial receipt of hazardous
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waste at the facility until the Agency receives certification of final closure.
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"Active portion" means that portion of a facility where treatment, storage, or
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disposal operations are being or have been conducted after May 19, 1980, and
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which is not a closed portion. (See also "closed portion" and "inactive portion.")
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"Administrator" means the Administrator of the United States Environmental
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Protection Agency or the Administrator's designee.
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"Agency" means the Illinois Environmental Protection Agency.
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"Ancillary equipment" means any device, including, but not limited to, such
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devices as piping, fittings, flanges, valves, and pumps, that is used to distribute,
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meter, or control the flow of hazardous waste from its point of generation to
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storage or treatment tanks, between hazardous waste storage and treatment tanks
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to a point of disposal onsite, or to a point of shipment for disposal off-site.
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"Aquifer" means a geologic formation, group of formations, or part of a foimation
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capable of yielding a significant amount of groundwater to wells or springs.
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"Authorized representative" means the person responsible for the overall
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operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant
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manager, superintendent, or person of equivalent responsibility.
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"Battery" means a device that consists of one or more electrically connected
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electrochemical cells that is designed to receive, store, and deliver electric energy.
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An electrochemical cell is a system consisting of an anode, cathode, and an
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electrolyte, plus such connections (electrical and mechanical) as may be needed to
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allow the cell to deliver or receive electrical energy. The term battery also
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includes an intact, unbroken battery from which the electrolyte has been removed.
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"Board" means the Illinois Pollution Control Board.
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"Boiler" means an enclosed device using controlled flame combustion and having
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the following characteristics:
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Boiler physical characteristics.
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The unit must have physical provisions for recovering and
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exporting thermal energy in the form of steam, heated fluids, or
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heated gases; and the unit's combustion chamber and primary
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energy recovery sections must be of integral design. To be of
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integral design, the combustion chamber and the primary energy
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recovery sections (such as waterwalls and superheaters) must be
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physically formed into one manufactured or assembled unit. A
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unit in which the combustion chamber and the primary energy
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recovery sections are joined only by ducts or connections carrying
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flue gas is not integrally designed; however, secondary energy
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recovery equipment (such as economizers or air preheaters) need
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not be physically formed into the same unit as the combustion
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chamber and the primary energy recovery section. The following
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units are not precluded from being boilers solely because they are
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not of integral design: process heaters (units that transfer energy
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directly to a process stream) and fluidized bed combustion units;
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and
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While in operation, the unit must maintain a thermal energy
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recovery efficiency of at least 60 percent, calculated in terms of the
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recovered energy compared with the thermal value of the fuel; and
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The unit must export and utilize at least 75 percent of the
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recovered energy, calculated on an annual basis. In this
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calculation, no credit may be given for recovered heat used
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internally in the same unit. (Examples of internal use are the
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preheating of fuel or combustion air, and the driving of induced or
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forced draft fans or feedwater pumps.); or
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Boiler by designation. The unit is one that the Board has determined, on
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a case-by-case basis, to be a boiler, after considering the standards in
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Section 720.132.
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"Carbon regeneration unit" means any enclosed thermal treatment device used to
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regenerate spent activated carbon.
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"Cathode ray tube" or "CRT" means a vacuum tube, composed primarily of glass,
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which is the visual or video display component of an electronic device. A "used,
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intact CRT" means a CRT whose vacuum has not been released. A "used, broken
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CRT" means glass removed from its housing or casing whose vacuum has been
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released.
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"Certification" means a statement of professional opinion based upon knowledge
174 and belief.
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"Closed portion" means that portion of a facility that an owner or operator has
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closed in accordance with the approved facility closure plan and all applicable
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closure requirements. (See also "active portion" and "inactive portion.")
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"Component" means either the tank or ancillary equipment of a tank system.
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"Confined aquifer" means an aquifer bounded above and below by impermeable
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beds or by beds of distinctly lower permeability than that of the aquifer itself; an
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aquifer containing confined groundwater.
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"Container" means any portable device in which a material is stored, transported,
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treated, disposed of, or otherwise handled.
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"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.
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Adm. Code 724 and Subpart DD of 35 Ill. Adm. Code 725.
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"Contingency plan" means a document setting out an organized, planned and
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coordinated course of action to be followed in case of a fire, explosion, or release
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of hazardous waste or hazardous waste constituents that could threaten human
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health or the environment.
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"Corrosion expert" means a person who, by reason of knowledge of the physical
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sciences and the principles of engineering and mathematics, acquired by a
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professional education and related practical experience, is qualified to engage in
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the practice of corrosion control on buried or submerged metal piping systems and
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metal tanks. Such a person must be certified as being qualified by the National
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Association of Corrosion Engineers (MACE) or be a registered professional
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engineer who has certification or licensing that includes education and experience
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in corrosion control on buried or submerged metal piping systems and metal
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tanks.
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"CRT collector" means a person who receives used, intact CRTs for recycling,
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repair, resale, or donation.
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"CRT glass manufacturer" means an operation or part of an operation that uses a
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furnace to manufacture CRT glass.
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"CRT processing" means conducting all of the following activities:
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Receiving broken or intact CRTs;
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Intentionally breaking intact CRTs or further breaking or separating
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broken CRTs; and
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Sorting or otherwise managing glass removed from CRT monitors.
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"Designated facility" means either of the following entities:
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A hazardous waste treatment, storage, or disposal facility that has been
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designated on the manifest by the generator, pursuant to 35 Ill. Adm. Code
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722.120, of which any of the following is true:
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The facility has received a RCRA permit (or interim status)
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pursuant to 35 Ill. Adm. Code 702, 703, and 705;
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The facility has received a RCRA permit from USEPA pursuant to
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40 CFR 124 and 270 (2005);
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The facility has received a RCRA permit from a state authorized
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by USEPA pursuant to 40 CFR 271 (2005); or
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The facility is regulated pursuant to 35 Ill. Adm. Code
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721.106(c)(2) or Subpart F of 35 Ill. Adm. Code 266; or
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. generator site designated by the
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hazardous waste generator on the manifest to receive back its own waste
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as a return shipment from a designated hazardous waste treatment, storage,
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or disposal facility that has rejected the waste in accordance with 35 Ill.
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Adm. Code 724.172(f) or 725.172(f).
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If a waste is destined to a facility in a state other than Illinois that has been
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authorized by USEPA pursuant to 40 CFR 271, but which has not yet obtained
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authorization to regulate that waste as hazardous, then the designated facility must
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be a facility allowed by the receiving state to accept such waste.
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"Destination facility" means a facility that treats, disposes of, or recycles a
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particular category of universal waste, except those management activities
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described in 35 Ill. Adm. Code 733.113(a) and (c) and 733.133(a) and (c). A
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facility at which a particular category of universal waste is only accumulated is
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not a destination facility for the purposes of managing that category of universal
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"Dike" means an embankment or ridge of either natural or manmade materials
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used to prevent the movement of liquids, sludges, solids, or other materials.
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"Dioxins and furans" or "D/F" means tetra, penta- , hexa- , hepta- , and octa-
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chlorinated dibenzo dioxins and furans.
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"Director" means the Director of the Illinois Environmental Protection Agency.
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"Discharge" or "hazardous waste discharge" means the accidental or intentional
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spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous
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waste into or on any land or water.
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"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or
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placing of any solid waste or hazardous waste into or on any land or water so that
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such solid waste or hazardous waste or any constituent thereof may enter the
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environment or be emitted into the air or discharged into any waters, including
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"Disposal facility" means a facility or part of a facility at which hazardous waste
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is intentionally placed into or on any land or water and at which waste will remain
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after closure. The term disposal facility does not include a corrective action
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management unit (CAMU) into which remediation wastes are placed.
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"Drip pad" means an engineered structure consisting of a curbed, free-draining
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base, constructed of non-earthen materials and designed to convey preservative
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kick-back or drippage from treated wood, precipitation and surface water runon to
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an associated collection system at wood preserving plants.
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"Elementary neutralization unit" means a device of which the following is true:
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It is used for neutralizing wastes that are hazardous only because they
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exhibit the corrosivity characteristic defined in 35 Ill. Adm. Code 721.122
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or which are listed in Subpart D of 35 Ill. Adm. Code 721 only for this
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reason; and
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It meets the definition of tank, tank system, container, transport vehicle,
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or vessel in this Section.
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"EPA hazardous waste number" or "USEPA hazardous waste number" means the
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number assigned by USEPA to each hazardous waste listed in Subpart D of 35 Ill.
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Adm. Code 721 and to each characteristic identified in Subpart C of 35 Ill. Adm.
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Code 721.
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"EPA identification number" or "USEPA identification number" means the
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number assigned by USEPA pursuant to 35 Ill. Adm. Code 722 through 725 to
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each generator; transporter; and treatment, storage, or disposal facility.
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"EPA region" or "USEPA region" means the states and territories found in any
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one of the following ten regions:
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Region I: Maine, Vemiont, New Hampshire, Massachusetts, Connecticut,
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and Rhode Island.
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Region II: New York, New Jersey, Commonwealth of Puerto Rico, and
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the U.S. Virgin Islands.
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Region III: Pennsylvania, Delaware, Maryland, West Virginia, Virginia,
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and the District of Columbia.
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Region IV: Kentucky, Tennessee, North Carolina, Mississippi, Alabama,
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Georgia, South Carolina, and Florida.
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Region V: Minnesota, Wisconsin, Illinois, Michigan, Indiana, and Ohio.
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Region VI: New Mexico, Oklahoma, Arkansas, Louisiana, and Texas.
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Region VII: Nebraska, Kansas, Missouri, and Iowa.
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Region VIII: Montana, Wyoming, North Dakota, South Dakota, Utah,
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and Colorado.
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Region IX: California, Nevada, Arizona, Hawaii, Guam, American
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Samoa, and Commonwealth of the Northern Mariana Islands.
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Region X: Washington, Oregon, Idaho, and Alaska.
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"Equivalent method" means any testing or analytical method approved by the
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Board pursuant to Section 720.120.
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"Existing hazardous waste management (HWM) facility" or "existing facility"
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means a facility that was in operation or for which construction commenced on or
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before November 19, 1980. A facility had commenced construction if the owner
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or operator had obtained the federal, State, and local approvals or permits
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necessary to begin physical construction and either of the following had occurred:
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A continuous on-site, physical construction program had begun; or
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The owner or operator had entered into contractual obligations that could
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not be canceled or modified without substantial loss for physical
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construction of the facility to be completed within a reasonable time.
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"Existing portion" means that land surface area of an existing waste management
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unit, included in the original Part A permit application, on which wastes have
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been placed prior to the issuance of a permit.
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"Existing tank system" or "existing component" means a tank system or
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component that is used for the storage or treatment of hazardous waste and which
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was in operation, or for which installation was commenced, on or prior to July 14,
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1986. Installation will be considered to have commenced if the owner or operator
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has obtained all federal, State, and local approvals or permits necessary to begin
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physical construction of the site or installation of the tank system and if either of
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the following is true:
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A continuous on-site physical construction or installation program has
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begun; or
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The owner or operator has entered into contractual obligations that cannot
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be canceled or modified without substantial loss for physical construction
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of the site or installation of the tank system to be completed within a
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reasonable time.
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"Explosives or munitions emergency" means a situation involving the suspected
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or detected presence of unexploded ordnance (UXO), damaged or deteriorated
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explosives or munitions, an improvised explosive device (TED), other potentially
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explosive material or device, or other potentially harmful military chemical
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munitions or device, that creates an actual or potential imminent threat to human
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health, including safety, or the environment, including property, as determined by
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an explosives or munitions emergency response specialist. Such situations may
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require immediate and expeditious action by an explosives or munitions
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emergency response specialist to control, mitigate, or eliminate the threat.
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"Explosives or munitions emergency response" means all immediate response
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activities by an explosives and munitions emergency response specialist to
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control, mitigate, or eliminate the actual or potential threat encountered during an
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explosives or munitions emergency. An explosives or munitions emergency
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response may include in-place render-safe procedures, treatment, or destruction of
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the explosives or munitions or transporting those items to another location to be
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rendered safe, treated, or destroyed. Any reasonable delay in the completion of an
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explosives or munitions emergency response caused by a necessary, unforeseen,
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or uncontrollable circumstance will not terminate the explosives or munitions
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emergency. Explosives and munitions emergency responses can occur on either
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public or private lands and are not limited to responses at RCRA facilities.
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"Explosives or munitions emergency response specialist" means an individual
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trained in chemical or conventional munitions or explosives handling,
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transportation, render-safe procedures, or destruction techniques. Explosives or
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munitions emergency response specialists include United States Department of
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Defense (USDOD) emergency explosive ordnance disposal (EOD), technical
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escort unit (TEU), and USDOD-certified civilian or contractor personnel and
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other federal, State, or local government or civilian personnel who are similarly
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trained in explosives or munitions emergency responses.
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"Facility" means the following:
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All contiguous land and structures, other appurtenances, and
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improvements on the land used for treating, storing, or disposing of
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hazardous waste. A facility may consist of several treatment, storage, or
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disposal operational units (e.g., one or more landfills, surface
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impoundments, or combinations of them).
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For the purpose of implementing corrective action pursuant to 35 Ill. Adm.
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Code 724.201 or 35 Ill. Adm. Code 727.201, all contiguous property under
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the control of the owner or operator seeking a permit under Subtitle C of
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RCRA. This definition also applies to facilities implementing corrective
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action pursuant to RCRA section 3008(h).
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Notwithstanding the immediately-preceding paragraph of this definition, a
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remediation waste management site is not a facility that is subject to 35 Ill.
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Adm. Code 724.201, but a facility that is subject to corrective action
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requirements if the site is located within such a facility.
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"Federal agency" means any department, agency, or other instrumentality of the
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federal government, any independent agency or establishment of the federal
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government, including any government corporation and the Government Printing
423 Office.
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"Federal, State, and local approvals or permits necessary to begin physical
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construction" means permits and approvals required under federal, State, or local
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hazardous waste control statutes, regulations, or ordinances.
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"Final closure" means the closure of all hazardous waste management units at the
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facility in accordance with all applicable closure requirements so that hazardous
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waste management activities pursuant to 35 Ill. Adm. Code 724 and 725 are no
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longer conducted at the facility unless subject to the provisions of 35 Ill. Adm.
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Code 722.134.
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"Food-chain crops" means tobacco, crops grown for human consumption, and
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crops grown for feed for animals whose products are consumed by humans.
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"Freeboard" means the vertical distance between the top of a tank or surface
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impoundment dike and the surface of the waste contained therein.
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"Free liquids" means liquids that readily separate from the solid portion of a
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waste under ambient temperature and pressure.
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"Generator" means any person, by site, whose act or process produces hazardous
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waste identified or listed in 35 Ill. Adm. Code 721 or whose act first causes a
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hazardous waste to become subject to regulation.
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"Groundwater" means water below the land surface in a zone of saturation.
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"Hazardous waste" means a hazardous waste as defined in 35 Ill. Adm. Code
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721.103.
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"Hazardous waste constituent" means a constituent that caused the hazardous
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waste to be listed in Subpart D of 35 Ill. Adm. Code 721, or a constituent listed in
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35 Ill. Adm. Code 721.124.
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"Hazardous waste management unit" is a contiguous area of land on or in which
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hazardous waste is placed, or the largest area in which there is significant
459
likelihood of mixing hazardous waste constituents in the same area. Examples of
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hazardous waste management units include a surface impoundment, a waste pile,
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a land treatment area, a landfill cell, an incinerator, a tank and its associated
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piping and underlying containment system, and a container storage area. A
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container alone does not constitute a unit; the unit includes containers, and the
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land or pad upon which they are placed.
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"Inactive portion" means that portion of a facility that is not operated after
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November 19, 1980. (See also "active portion" and "closed portion.")
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"Incinerator" means any enclosed device of which the following is true:
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The facility uses controlled flame combustion, and both of the following
472
are true of the facility:
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The facility does not meet the criteria for classification as a boiler,
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sludge dryer, or carbon regeneration unit, nor
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The facility is not listed as an industrial furnace; or
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The facility meets the definition of infrared incinerator or plasma arc
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incinerator.
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"Incompatible waste" means a hazardous waste that is unsuitable for the
483 following:
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Placement in a particular device or facility because it may cause corrosion
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or decay of containment materials (e.g., container inner liners or tank
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walls); or
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Commingling with another waste or material under uncontrolled
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conditions because the commingling might produce heat or pressure, fire,
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or explosion, violent reaction, toxic dusts, mists, fumes or gases, or
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flammable fumes or gases.
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(See Appendix E to 35 Ill. Adm. Code 724 and Appendix E to 35 Ill.
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Adm. Code 725 for references that list examples.)
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"Industrial furnace" means any of the following enclosed devices that are integral
498
components of manufacturing processes and that use thermal treatment to
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accomplish recovery of materials or energy:
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Cement kilns;
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Lime kilns;
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Aggregate kilns;
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Phosphate kilns;
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Coke ovens;
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Blast furnaces;
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Smelting, melting and refining furnaces (including pyrometallurgical
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devices such as cupolas, reverberator furnaces, sintering machines,
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roasters, and foundry furnaces);
516
JCAR350720-0804970r01
517
Titanium dioxide chloride process oxidation reactors;
518
519
Methane reforming furnaces;
520
521
Pulping liquor recovery furnaces;
522
523
Combustion devices used in the recovery of sulfur values from spent
524
sulfuric acid;
525
526
Halogen acid furnaces (HAFs) for the production of acid from halogenated
527
hazardous waste generated by chemical production facilities where the
528
furnace is located on the site of a chemical production facility, the acid
529
product has a halogen acid content of at least three percent, the acid
530
product is used in a manufacturing process, and, except for hazardous
531
waste burned as fuel, hazardous waste fed to the furnace has a minimum
532
halogen content of 20 percent, as generated; and
533
534
Any other such device as the Agency determines to be an industrial
535
furnace on the basis of one or more of the following factors:
536
537?
The design and use of the device primarily to accomplish recovery
538
of material products;
539
540
The use of the device to burn or reduce raw materials to make a
541
material product;
542
543
The use of the device to burn or reduce secondary materials as
544
effective substitutes for raw materials, in processes using raw
545
materials as principal feedstocks;
546
547
The use of the device to burn or reduce secondary materials as
548
ingredients in an industrial process to make a material product;
549
550
The use of the device in common industrial practice to produce a
551
material product; and
552
553
Other relevant factors.
554
555
"Individual generation site" means the contiguous site at or on which one or more
556
hazardous wastes are generated. An individual generation site, such as a large
557
manufacturing plant, may have one or more sources of hazardous waste but is
558
considered a single or individual generation site if the site or property is
559
contiguous.
JCAR350720-0804970r01
560
561
"Infrared incinerator" means any enclosed device that uses electric powered
562
resistance heaters as a source of radiant heat followed by an afterburner using
563
controlled flame combustion and which is not listed as an industrial furnace.
564
565
"Inground tank" means a device meeting the definition of tank whereby a portion
566
of the tank wall is situated to any degree within the ground, thereby preventing
567
visual inspection of that external surface area of the tank that is in the ground.
568
569
"In operation" refers to a facility that is treating, storing, or disposing of
570
hazardous waste.
571
572
"Injection well" means a well into which fluids are being injected. (See also
573
"underground injection.")
574
575
"Inner liner" means a continuous layer of material placed inside a tank or
576
container that protects the construction materials of the tank or container from the
577
contained waste or reagents used to treat the waste.
578
579
"Installation inspector" means a person who, by reason of knowledge of the
580
physical sciences and the principles of engineering, acquired by a professional
581
education and related practical experience, is qualified to supervise the
582
installation of tank systems.
583
584
"International shipment" means the transportation of hazardous waste into or out
585
of the jurisdiction of the United States.
586
587
"Lamp" or "universal waste lamp" means the bulb or tube portion of an electric
588
lighting device. A lamp is specifically designed to produce radiant energy, most
589
often in the ultraviolet, visible, or infrared regions of the electromagnetic
590
spectrum. Examples of common universal waste lamps include, but are not
591
limited to, fluorescent, high intensity discharge, neon, mercury vapor, high-
592
pressure sodium, and metal halide lamps.
593
594
"Land treatment facility" means a facility or part of a facility at which hazardous
595
waste is applied onto or incorporated into the soil surface; such facilities are
596
disposal facilities if the waste will remain after closure.
597
598
"Landfill" means a disposal facility or part of a facility where hazardous waste is
599
placed in or on land and which is not a pile, a land treatment facility, a surface
600
impoundment, an underground injection well, a salt dome formation, a salt bed
601
formation, an underground mine, a cave, or a corrective action management unit
602
(CAMU).
JCAR350720-0804970r01
603
604
"Landfill cell" means a discrete volume of a hazardous waste landfill that uses a
605
liner to provide isolation of wastes from adjacent cells or wastes. Examples of
606
landfill cells are trenches and pits.
607
608
"LDS" means leak detection system.
609
610
"Leachate" means any liquid, including any suspended components in the liquid,
611
that has percolated through or drained from hazardous waste.
612
613
"Liner" means a continuous layer of natural or manmade materials beneath or on
614
the sides of a surface impoundment, landfill, or landfill cell that restricts the
615
downward or lateral escape of hazardous waste, hazardous waste constituents, or
616
leachate.
617
618
"Leak-detection system" means a system capable of detecting the failure of either
619
the primary or secondary containment structure or the presence of a release of
620
hazardous waste or accumulated liquid in the secondary containment structure.
621
Such a system must employ operational controls (e.g., daily visual inspections for
622
releases into the secondary containment system of aboveground tanks) or consist
623
of an interstitial monitoring device designed to detect continuously and
624
automatically the failure of the primary or secondary containment structure or the
625
presence of a release of hazardous waste into the secondary containment structure.
626
627
"Management" or "hazardous waste management" means the systematic control
628
of the collection, source separation, storage, transportation, processing, treatment,
629
recovery, and disposal of hazardous waste.
630
631
"Manifest" means the shipping document USEPA Form 8700-22 (including, if
632
necessary, USEPA Form 8700-22A) originated and signed by the generator or
633
offeror that contains the information required by Subpart B of 35 Ill. Adm. Code
634
722 and the applicable requirements of 35 Ill. Adm. Code 722 through 727.
635
636
"Manifest document number" means, until September 5, 2006, the USEPA twelve
637
digit identification number assigned to the generator plus a unique five digit
638
-
: - . :
639
reporting purposes.
640
641
"Manifest tracking number" means, effective September 5, 2006, the
642
alphanumeric identification number (i.e., a unique three letter suffix preceded by
643
nine numerical digits) that is pre-printed in Item 4 of the manifest by a registered
644
source.
645
JCAR350720-0804970r01
646
"Mercury-containing equipment" means a device or part of a device (including
647
thermostats, but excluding batteries and lamps) that contains elemental mercury
648
integral to its function.
649
650
"Military munitions" means all ammunition products and components produced or
651
used by or for the United States Department of Defense or the United States
652
Armed Services for national defense and security, including military munitions
653
under the control of the United States Department of Defense (USDOD), the
654
United States Coast Guard, the United States Department of Energy (USDOE),
655
and National Guard personnel. The term military munitions includes: confined
656
gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot
657
control agents, smokes, and incendiaries used by USDOD components, including
658
bulk explosives and chemical warfare agents, chemical munitions, rockets, guided
659
and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition,
660
small arms ammunition, grenades, mines, torpedoes, depth charges, cluster
661
munitions and dispensers, demolition charges, and devices and components of
662
these items and devices. Military munitions do not include wholly inert items,
663
improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear
664
components of these items and devices. However, the term does include non-
665
nuclear components of nuclear devices, managed under USDOE's nuclear
666
weapons program after all sanitization operations required under the Atomic
667
Energy Act of 1954 (42 USC 2014 et seq.), as amended, have been completed.
668
669
"Mining overburden returned to the mine site" means any material overlying an
670
economic mineral deposit that is removed to gain access to that deposit and is
671
then used for reclamation of a surface mine.
672
673
"Miscellaneous unit" means a hazardous waste management unit where hazardous
674
waste is treated, stored, or disposed of and that is not a container; tank; surface
675
impoundment; pile; land treatment unit; landfill; incinerator; boiler; industrial
676
furnace; underground injection well with appropriate technical standards pursuant
677
to 35 Ill. Adm. Code 730; containment building; corrective action management
678
unit (CAMU); unit eligible for a research, development, and demonstration permit
679
pursuant to 35 Ill. Adm. Code 703.231; or staging pile.
680
681
"Movement" means hazardous waste that is transported to a facility in an
682
individual vehicle.
683
684
"New hazardous waste management facility" or "new facility" means a facility
685
that began operation, or for which construction commenced after November 19,
686
1980. (See also "Existing hazardous waste management facility.")
687
688
"New tank system" or "new tank component" means a tank system or component
JCAR350720-0804970r01
689
that will be used for the storage or treatment of hazardous waste and for which
690
installation commenced after July 14, 1986; except, however, for purposes of 35
691
Ill. Adm. Code 724.293(g)(2) and 725.293(g)(2), a new tank system is one for
692
which construction commenced after July 14, 1986. (See also "existing tank
693 system.")
694
695
"Onground tank" means a device meeting the definition of tank that is situated in
696
such a way that the bottom of the tank is on the same level as the adjacent
697
surrounding surfaces so that the external tank bottom cannot be visually
698 inspected.
699
700
"On-site" means the same or geographically contiguous property that may be
701
divided by public or private right-of-way, provided the entrance and exit between
702
the properties is at a crossroads intersection and access is by crossing as opposed
703
to going along the right-of-way. Noncontiguous properties owned by the same
704
person but connected by a right-of-way that the owner controls and to which the
705
public does not have access is also considered on-site property.
706
707
"Open burning" means the combustion of any material without the following
708
characteristics:
709
710
Control of combustion air to maintain adequate temperature for efficient
711
combustion;
712
713
Containment of the combustion reaction in an enclosed device to provide
714
sufficient residence time and mixing for complete combustion; and
715
716
Control of emission of the gaseous combustion products.
717
718
(See also "incineration" and "thermal treatment.")
719
720
"Operator" means the person responsible for the overall operation of a facility.
721
722
"Owner" means the person that owns a facility or part of a facility.
723
724
"Partial closure" means the closure of a hazardous waste management unit in
725
accordance with the applicable closure requirements of 35 Ill. Adm. Code 724 or
726
725 at a facility that contains other active hazardous waste management units.
727
For example, partial closure may include the closure of a tank (including its
728
associated piping and underlying containment systems), landfill cell, surface
729
impoundment, waste pile, or other hazardous waste management unit, while other
730
units of the same facility continue to operate.
731
JCAR3 50720-0804970r01
732
"Performance Track member facility" means a facility that has been accepted by
733
USEPA for membership in the National Environmental Performance Track
734
Program (Program) and which is still a member of that Program. The National
735
Environmental Performance Track Program is a voluntary, facility-based,
736
program for top environmental perfoliners. Program members must demonstrate
737
a good record of compliance and past success in achieving environmental goals,
738
and must commit to future specific quantified environmental goals, environmental
739
management systems, local community outreach, and annual reporting of
740
measurable results.
741
BOARD NOTE: The National Environmental Performance Track program is
742
operated exclusively by USEPA. USEPA established the program in 2000 (see
743
65 Fed. Reg. 41655 (July 6, 2000)) and amended it in 2004 (see 69 Fed. Reg.
744
27922 (May 17, 2004)). USEPA confers membership in the program on
745
application of interested and eligible entities. Information about the program is
746
available from a website maintained by USEPA: www.epa.gov/
747
performancetrack.
748
749
"Person" means an individual, trust, firm, joint stock company, federal agency,
750
corporation (including a government corporation), partnership, association, state,
751
municipality, commission, political subdivision of a state, or any interstate body.
752
753
"Personnel" or "facility personnel" means all persons who work at or oversee the
754
operations of a hazardous waste facility and whose actions or failure to act may
755
result in noncompliance with 35 Ill. Adm. Code 724 or 725.
756
757
"Pesticide" means any substance or mixture of substances intended for
758
preventing, destroying, repelling, or mitigating any pest or intended for use as a
759
plant regulator, defoliant, or desiccant, other than any article that fulfills one of
760
the following descriptions:
761
762
It is a new animal drug under section 201(v) of the Federal Food, Drug
763
and Cosmetic Act (FFDCA; 21 USC 321(v)), incorporated by reference in
764
Section 720.111(c);
765
766
It is an animal drug that has been determined by regulation of the federal
767
Secretary of Health and Human Services pursuant to FFDCA section 512
768
(21 USC 360b), incorporated by reference in Section 720.111(c), to be an
769
exempted new animal drug; or
770
771
It is an animal feed under FFDCA section 201(w) (21 USC 321(w)),
772
incorporated by reference in Section 720.111(c), that bears or contains any
773
substances described in either of the two preceding paragraphs of this
774
definition.
JCAR3 50720-0804970r01
775
BOARD NOTE: The second exception of corresponding 40 CFR 260.10
776
reads as follows: "Is an animal drug that has been determined by
777
regulation of the Secretary of Health and Human Services not to be a new
778
animal drug." This is very similar to the language of section 2(u) of the
779
Federal Insecticide, Fungicide, and Rodenticide Act (FlFRA; 7 USC
780
136(u)). The three exceptions, taken together, appear intended not to
781
include as pesticide any material within the scope of federal Food and
782
Drug Administration regulation. The Board codified this provision with
783
the intent of retaining the same meaning as its federal counterpart while
784
adding the definiteness required under Illinois law.
785
786
"Pile" means any noncontainerized accumulation of solid, non-flowing hazardous
787
waste that is used for treatment or storage, and that is not a containment building.
788
789
"Plasma arc incinerator" means any enclosed device that uses a high intensity
790
electrical discharge or arc as a source of heat followed by an afterburner using
791
controlled flame combustion and which is not listed as an industrial furnace.
792
793
"Point source" means any discernible, confined, and discrete conveyance,
794
including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
795
discrete fissure, container, rolling stock, concentrated animal feeding operation, or
796
vessel or other floating craft from which pollutants are or may be discharged.
797
This term does not include return flows from irrigated agriculture.
798
799
"Publicly owned treatment works" or "POTW" is as defined in 35 Ill. Adm. Code
800 310.110.
801
802
"Qualified groundwater scientist" means a scientist or engineer who has received
803
a baccalaureate or postgraduate degree in the natural sciences or engineering, and
804
has sufficient training and experience in groundwater hydrology and related
805
fields, as demonstrated by state registration, professional certifications, or
806
completion of accredited university courses that enable the individual to make
807
sound professional judgments regarding groundwater monitoring and contaminant
808
rate and transport.
809
BOARD NOTE: State registration includes, but is not limited to, registration as a
810
professional engineer with the Department of Professional Regulation, pursuant to
811
225 ILCS 325 and 68 Ill. Adm. Code 1380. Professional certification includes,
812
but is not limited to, certification under the certified groundwater professional
813
program of the National Ground Water Association.
814
815
"RCRA" means the Solid Waste Disposal Act, as amended by the Resource
816
Conservation and Recovery Act of 1976, as amended (42 USC 6901 et seq.).
817
JCAR350720-0804970r01
818
"RCRA standardized permit" means a RCRA permit issued pursuant to Subpart J
819
of 35 Ill. Adm. Code 703 and Subpart G of 35 Ill. Adm. Code 702 that authorizes
820
management of hazardous waste. The RCRA standardized permit may have two
821
parts: a uniform portion issued in all cases and a supplemental portion issued at
822
the discretion of the Agency.
823
824
"Regional Administrator" means the Regional Administrator for the USEPA
825
region in which the facility is located or the Regional Administrator's designee.
826
827
"Remediation waste" means all solid and hazardous wastes, and all media
828
(including groundwater, surface water, soils, and sediments) and debris that are
829
managed for implementing cleanup.
830
831
"Remediation waste management site" means a facility where an owner or
832
operator is or will be treating, storing, or disposing of hazardous remediation
833
wastes. A remediation waste management site is not a facility that is subject to
834
corrective action pursuant to 35 Ill. Adm. Code 724.201, but a remediation waste
835
management site is subject to corrective action requirements if the site is located
836
in such a facility.
837
838
"Replacement unit" means a landfill, surface impoundment, or waste pile unit
839
from which all or substantially all of the waste is removed, and which is
840
subsequently reused to treat, store, or dispose of hazardous waste. Replacement
841
unit does not include a unit from which waste is removed during closure, if the
842
subsequent reuse solely involves the disposal of waste from that unit and other
843
closing units or corrective action areas at the facility, in accordance with a closure
844
or corrective action plan approved by USEPA or the Agency.
845
846
"Representative sample" means a sample of a universe or whole (e.g., waste pile,
847
lagoon, groundwater) that can be expected to exhibit the average properties of the
848
universe or whole.
849
850
"Runoff' means any rainwater, leachate, or other liquid that drains over land from
851
any part of a facility.
852
853
"Runon" means any rainwater, leachate, or other liquid that drains over land onto
854
any part of a facility.
855
856
"Saturated zone" or "zone of saturation" means that part of the earth's crust in
857
which all voids are filled with water.
858
859
"SIC code" means "Standard Industrial Classification code," as assigned to a site
860
by the United States Department of Transportation, Federal Highway
JCAR350720-0804970r01
861
Administration, based on the particular activities that occur on the site, as set forth
862
in its publication "Standard Industrial Classification Manual," incorporated by
863
reference in Section 720.111(a).
864
865
"Sludge" means any solid, semi-solid, or liquid waste generated from a municipal,
866
commercial, or industrial wastewater treatment plant, water supply treatment
867
plant, or air pollution control facility, exclusive of the treated effluent from a
868
wastewater treatment plant.
869
870
"Sludge dryer" means any enclosed thermal treatment device that is used to
871
dehydrate sludge and which has a total thermal input, excluding the heating value
872
of the sludge itself, of 2,500 Btu/lb or less of sludge treated on a wet-weight basis.
873
874
"Small quantity generator" means a generator that generates less than 1,000 kg of
875
hazardous waste in a calendar month.
876
877
"Solid waste" means a solid waste as defined in 35 Ill. Adm. Code 721.102.
878
879
"Sorbent" means a material that is used to soak up free liquids by either
880
adsorption or absorption, or both. "Sorb" means to either adsorb or absorb, or
881
both.
882
883
"Staging pile" means an accumulation of solid, non-flowing "remediation waste"
884
(as defined in this Section) that is not a containment building and that is used only
885
during remedial operations for temporary storage at a facility. Staging piles must
886
be designated by the Agency according to 35 Ill. Adm. Code 724.654.
887
888
"State" means any of the several states, the District of Columbia, the
889
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and
890
the Commonwealth of the Northern Mariana Islands.
891
892
"Storage" means the holding of hazardous waste for a temporary period, at the end
893
of which the hazardous waste is treated, disposed of, or stored elsewhere.
894
895
"Sump" means any pit or reservoir that meets the definition of tank and those
896
troughs or trenches connected to it that serve to collect hazardous waste for
897
transport to hazardous waste storage, treatment, or disposal facilities; except that,
898
as used in the landfill, surface impoundment, and waste pile rules, sump means
899
any lined pit or reservoir that serves to collect liquids drained from a leachate
900
collection and removal system or leak detection system for subsequent removal
901
from the system.
902
903
"Surface impoundment" or "impoundment" means a facility or part of a facility
JCAR350720-0804970r01
904
that is a natural topographic depression, manmade excavation, or diked area
905
formed primarily of earthen materials (although it may be lined with manmade
906
materials) that is designed to hold an accumulation of liquid wastes or wastes
907
containing free liquids and which is not an injection well. Examples of surface
908
impoundments are holding, storage, settling and aeration pits, ponds, and lagoons.
909
910
"Tank" means a stationary device, designed to contain an accumulation of
911
hazardous waste that is constructed primarily of nonearthen materials (e.g., wood,
912
concrete, steel, plastic) that provide structural support.
913
914
"Tank system" means a hazardous waste storage or treatment tank and its
915
associated ancillary equipment and containment system.
916
917
"TEQ" means toxicity equivalence, the international method of relating the
918
toxicity of various dioxin and furan congeners to the toxicity of 2,3,7,8-tetra-
919
chlorodibenzo-p-dioxin.
920
921
"Thermal treatment" means the treatment of hazardous waste in a device that uses
922
elevated temperatures as the primary means to change the chemical, physical, or
923
biological character or composition of the hazardous waste. Examples of thermal
924
treatment processes are incineration, molten salt, pyrolysis, calcination, wet air
925
oxidation, and microwave discharge. (See also "incinerator" and "open burning.")
926
927
"Thermostat" means a temperature control device that contains metallic mercury
928
in an ampule attached to a bimetal sensing element and mercury-containing
929
ampules that have been removed from such a temperature control device in
930
compliance with 35 Ill. Adm. Code 733.113(c)(2) or 733.133(c)(2).
931
932
"Totally enclosed treatment facility" means a facility for the treatment of
933
hazardous waste that is directly connected to an industrial production process and
934
which is constructed and operated in a manner that prevents the release of any
935
hazardous waste or any constituent thereof into the environment during treatment.
936
An example is a pipe in which waste acid is neutralized.
937
938
"Transfer facility" means any transportation related facility, including loading
939
docks, parking areas, storage areas, and other similar areas where shipments of
940
hazardous waste are held during the normal course of transportation.
941
942
"Transport vehicle" means a motor vehicle or rail car used for the transportation
943
of cargo by any mode. Each cargo-carrying body (trailer, railroad freight car,
944
etc.) is a separate transport vehicle.
945
946
"Transportation" means the movement of hazardous waste by air, rail, highway, or
JCAR350720-0804970r01
947 water.
948
949
"Transporter" means a person engaged in the off-site transportation of hazardous
950
waste by air, rail, highway, or water.
951
952
"Treatability study" means the following:
953
954
A study in which a hazardous waste is subjected to a treatment process to
955
determine the following:
956
957
Whether the waste is amenable to the treatment process;
958
959
What pretreatment (if any) is required;
960
961
The optimal process conditions needed to achieve the desired
962
treatment;
963
964
The efficiency of a treatment process for a specific waste or
965
wastes; and
966
967
The characteristics and volumes of residuals from a particular
968
treatment process;
969
970
Also included in this definition for the purpose of 35 Ill. Adm. Code
971
721.104(e) and (f) exemptions are liner compatibility, corrosion and other
972
material compatibility studies, and toxicological and health effects studies.
973
A treatability study is not a means to commercially treat or dispose of
974
hazardous waste.
975
976
"Treatment" means any method, technique, or process, including neutralization,
977
designed to change the physical, chemical, or biological character or composition
978
of any hazardous waste so as to neutralize the waste, recover energy or material
979
resources from the waste, or render the waste non-hazardous or less hazardous;
980
safer to transport, store, or dispose of; or amenable for recovery, amenable for
981
storage, or reduced in volume.
982
983
"Treatment zone" means a soil area of the unsaturated zone of a land treatment
984
unit within which hazardous constituents are degraded, transformed, or
985
immobilized.
986
987
"Underground injection" means the subsurface emplacement of fluids through a
988
bored, drilled, or driven well or through a dug well, where the depth of the dug
989
well is greater than the largest surface dimension. (See also "injection well.")
JCAR350720-0804970r01
990
991
"Underground tank" means a device meeting the definition of tank whose entire
992
surface area is totally below the surface of and covered by the ground.
993
994
"Unfit-for-use tank system" means a tank system that has been deteitnined,
995
through an integrity assessment or other inspection, to be no longer capable of
996
storing or treating hazardous waste without posing a threat of release of hazardous
997
waste to the environment.
998
999
"United States" means the 50 states, the District of Columbia, the Commonwealth
1000
of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the
1001
Commonwealth of the Northern Mariana Islands.
1002
1003
"Universal waste" means any of the following hazardous wastes that are managed
1004
pursuant to the universal waste requirements of 35 Ill. Adm. Code 733:
1005
1006
Batteries, as described in 35 Ill. Adm. Code 733.102;
1007
1008
Pesticides, as described in 35 Ill. Adm. Code 733.103;
1009
1010
Mercury-containing equipment, as described in 35 Ill. Adm. Code
1011
733.104; and
1012
1013
Lamps, as described in 35 Ill. Adm. Code 733.105.
1014
1015
"Universal waste handler" means either of the following:
1016
1017
A generator (as defined in this Section) of universal waste; or
1018
1019
The owner or operator of a facility, including all contiguous property, that
1020
receives universal waste from other universal waste handlers, accumulates
1021
the universal waste, and sends that universal waste to another universal
1022
waste handler, to a destination facility, or to a foreign destination.
1023
1024
"Universal waste handler" does not mean either of the following:
1025
1026
A person that treats (except under the provisions of Section
1027
733.113(a) or (c) or 733.133(a) or (c)), disposes of, or recycles
1028
universal waste; or
1029
1030
A person engaged in the off-site transportation of universal waste
1031
by air, rail, highway, or water, including a universal waste transfer
1032
facility.
JCAR350720-0804970r01
1033
1034
"Universal waste transporter" means a person engaged in the off-site
1035
transportation of universal waste by air, rail, highway, or water.
1036
1037
"Unsaturated zone" or "zone of aeration" means the zone between the land surface
1038
and the water table.
1039
1040
"Uppermost aquifer" means the geologic formation nearest the natural ground
1041
surface that is an aquifer, as well as lower aquifers that are hydraulically
1042
interconnected with this aquifer within the facility's property boundary.
1043
1044
"USDOT" or "Department of Transportation" means the United States
1045
Department of Transportation.
1046
1047
"Used oil" means any oil that has been refined from crude oil, or any synthetic oil,
1048
that has been used and as a result of such use is contaminated by physical or
1049
chemical impurities.
1050
1051
"USEPA" or "EPA" means the United States Environmental Protection Agency.
1052
1053
"Vessel" includes every description of watercraft used or capable of being used as
1054
a means of transportation on the water.
1055
1056
"Wastewater treatment unit" means a device of which the following is true:
1057
1058
It is part of a wastewater treatment facility that has an NPDES permit
1059
pursuant to 35 Ill. Adm. Code 309 or a pretreatment permit or
1060
authorization to discharge pursuant to 35 Ill. Adm. Code 310;
1061
1062
It receives and treats or stores an influent wastewater that is a hazardous
1063
waste as defined in 35 Ill. Adm. Code 721.103, or generates and
1064
accumulates a wastewater treatment sludge that is a hazardous waste as
1065
defined in 35 Ill. Adm. Code 721.103, or treats or stores a wastewater
1066
treatment sludge that is a hazardous waste as defined in 35 Ill. Adm. Code
1067
721.103; and
1068
1069
It meets the definition of tank or tank system in this Section.
1070
1071
"Water (bulk shipment)" means the bulk transportation of hazardous waste that is
1072
loaded or carried on board a vessel without containers or labels.
1073
1074
"Well" means any shaft or pit dug or bored into the earth, generally of a
1075
cylindrical form, and often walled with bricks or tubing to prevent the earth from
JCAR350720-0804970r01
1076 caving in.
1077
1078
"Well injection" (See "underground injection.")
1079
1080
"Zone of engineering control" means an area under the control of the owner or
1081
operator that, upon detection of a hazardous waste release, can be readily cleaned
1082
up prior to the release of hazardous waste or hazardous constituents to
1083
groundwater or surface water.
1084
1085 (Source: Amended at 32 Ill. Reg.
, effective )
1086
1087
Section 720.111 References
1088
1089 The following documents are incorporated by reference for the purposes of this Part and 35 Ill.
1090 Adm. Code 702 through 705, 721 through 728, 730, 733, 738, and 739:
1091
1092
a)
Non-Regulatory Government Publications and Publications of Recognized
1093
Organizations and Associations:
1094
1095
ACI. Available from the American Concrete Institute, Box 19150,
1096
Redford Station, Detroit, Michigan 48219:
1097
1098
ACI 318-83: "Building Code Requirements for Reinforced
1099
Concrete," adopted September 1983, referenced in 35 Ill. Adm.
1100
Code 724.673 and 725.543.
1101
1102
ANSI. Available from the American National Standards Institute, 1430
1103
Broadway, New York, New York 10018, 212-354-3300:
1104
1105
See ASME/ANSI B31.3 and B31.4 and supplements below in this
1106
subsection (a) under ASME.
1107
1108
API. Available from the American Petroleum Institute, 1220 L Street,
1109
N.W., Washington, D.C. 20005, 202-682-8000:
1110
1111
"Cathodic Protection of Underground Petroleum Storage Tanks and Piping
1112
Systems," API Recommended Practice 1632, Second Edition, December
1113
1987, referenced in 35 Ill. Adm. Code 724.292, 724.295, 725.292, and
1114
725.295.
1115
1116
"Evaporative Loss from External Floating-Roof Tanks," API publication
1117
2517, Third Edition, February 1989, USEPA-approved for 35 Ill. Adm.
1118
Code 725.984.
1119
1120
1121
1122
1123
1124
1125
1126
1127
1128
1129
1130
1131
1132
1133
1134
1135
1136
1137
1138
1139
1140
1141
1142
1143
1144
1145
1146
1147
1148
1149
1150
1151
1152
1153
1154
1155
1156
1157
1158
1159
1160
1161
JCAR350720-0804970r01
"Guide for Inspection of Refinery Equipment," Chapter XIII,
"Atmospheric and Low Pressure Storage Tanks," 4
t 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
Recommended Practice 1615, Fourth Edition, November 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.
JCAR350720-0804970r01
1162
1163
ASTM D 420-69, "Guide to Site Characterization for Engineering,
1164
Design, and Construction Purposes," approved 1969, referenced in
1165
Appendix A to 35 Ill. Adm. Code 721.
1166
1167
ASTM D 1452-65, "Standard Practice for Soil Investigation and Sampling
1168
by Auger Borings," approved 1965, referenced in Appendix A to 35 Ill.
1169
Adm. Code 721.
1170
1171
ASTM D 1946-90, "Standard Practice for Analysis of Reformed Gas by
1172
Gas Chromatography," approved March 30, 1990, USEPA-approved for
1173
35 Ill. Adm. Code 724.933 and 725.933.
1174
1175
ASTM D 2161-87, "Standard Practice for Conversion of Kinematic
1176
Viscosity to Saybolt Universal or to Saybolt Furol Viscosity," March 27,
1177
1987, referenced in 35 Ill. Adm. Code 726.200.
1178
1179
ASTM D 2234-76, "Standard Practice for Collection of a Gross Sample of
1180
Coal," approved 1976, referenced in Appendix A to 35 Ill. Adm. Code
1181
721.
1182
1183
ASTM D 2267-88, "Standard Test Method for Aromatics in Light
1184
Naphthas and Aviation Gasolines by Gas Chromatography," approved
1185
November 17, 1988, USEPA-approved for 35 Ill. Adm. Code 724.963.
1186
1187
ASTM D 2382-88, "Standard Test Method for Heat of Combustion of
1188
Hydrocarbon Fuels by Bomb Calorimeter (High Precision Method),"
1189
approved October 31, 1988, USEPA-approved for 35 Ill. Adm. Code
1190
724.933 and 725.933.
1191
1192
ASTM D 2879-92, "Standard Test Method for Vapor Pressure-
1193
Temperature Relationship and Initial Decomposition Temperature of
1194
Liquids by Isoteniscope," approved 1992, USEPA-approved for 35 Ill.
1195
Adm. Code 725.984, referenced in 35 Ill. Adm. Code 724.963 and
1196
725.963.
1197
1198
ASTM D 3828-87, "Standard Test Methods for Flash Point of Liquids by
1199
Setaflash Closed Tester," approved December 14, 1988, USEPA-approved
1200
for 35 Ill. Adm. Code 721.121(a).
1201
1202
ASTM E 168-88, "Standard Practices for General Techniques of Infrared
1203
Quantitative Analysis," approved May 27, 1988, USEPA-approved for 35
1204
Ill. Adm. Code 724.963.
JCAR350720-0804970r01
1205
1206
ASTM E 169-87, "Standard Practices for General Techniques of
1207
Ultraviolet-Visible Quantitative Analysis," approved February 1, 1987,
1208
USEPA-approved for 35 Ill. Adm. Code 724.963.
1209
1210
ASTM E 260-85, "Standard Practice for Packed Column Gas
1211
Chromatography," approved June 28, 1985, USEPA-approved for 35 Ill.
1212
Adm. Code 724.963.
1213
1214
ASTM G 21-70 (1984a), "Standard Practice for Detellnining Resistance of
1215
Synthetic Polymer Materials to Fungi,", referenced in 35 Ill. Adm. Code
1216
724.414 and 725.414.
1217
1218
ASTM G 22-76 (1984b), "Standard Practice for Determining Resistance
1219
of Plastics to Bacteria,", referenced in 35 Ill. Adm. Code 724.414 and
1220
725.414.
1221
1222
GPO. Available from the Superintendent of Documents, U.S. Government
1223
Printing Office, Washington, D.C. 20402, 202-512-1800:
1224
1225
Standard Industrial Classification Manual (1972), and 1977 Supplement,
1226
republished in 1983, referenced in 35 Ill. Adm. Code 702.110 and Section
1227
720.110.
1228
1229
"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,"
1230
USEPA publication number EPA-530/SW-846 (Third Edition, November
1231
1986), as amended by Updates I (July 1992), II (September 1994), IIA
1232
(August, 1993), IlB (January 1995), III (December 1996), IIIA (April
1233
1998), and IIBB (November 2004) (document number 955-001-00000-1).
1234
See below in this subsection (a) under NTIS.
1235
1236
NACE. Available from the National Association of Corrosion Engineers, 1400
1237
South Creek Dr., Houston, TX 77084, 713-492-0535:
1238
1239
"Control of External Corrosion on Metallic Buried, Partially Buried, or
1240
Submerged Liquid Storage Systems," NACE Recommended Practice
1241
RP0285-85, approved March 1985, referenced in 35 Ill. Adm. Code
1242
724.292, 724.295, 725.292, and 725.295.
1243
1244
NFPA. Available from the National Fire Protection Association, 1 Batterymarch
1245
Park, Boston, MA 02269, 617-770-3000 or 800-344-3555:
1246
1247
"Flammable and Combustible Liquids Code," NFPA 30, issued July 18,
JCAR350720-0804970r01
1248
2003, as supplemented by TIA 03-1, issued July 15, 2004, and corrected
1249
by Errata 30-03-01, issued August 13, 2004, USEPA-approved for 35 Ill.
1250
Adm. Code 724.298, 725.298, and 727.290, referenced in 35 Ill. Adm.
1251
Code 725.301 and 726.211.
1252
1253
NTIS. Available from the U.S. Department of Commerce, National Technical
1254
Information Service, 5285 Port Royal Road, Springfield, VA 22161, 703-605-
1255
6000 or 800-553-6847 (Internet address: www.ntis.gov):
1256
1257
"APTI Course 415: Control of Gaseous Emissions," December 1981,
1258
USEPA publication number EPA-450/2-81-005, NTIS document number
1259
PB80-208895, USEPA-approved for 35 Ill. Adm. Code 703.210, 703.211,
1260
703.352, 724.935, and 725.935.
1261
BOARD NOTE: "APTI" denotes USEPA's "Air Pollution Training
1262
Institute" (Internet address: www.epa.gov/air/oaqps/eog/).
1263
1264
"Generic Quality Assurance Project Plan for Land Disposal Restrictions
1265
Program," USEPA publication number EPA-530/SW-87-011, March 15,
1266
1987, NTIS document number PB88-170766, referenced in 35 Ill. Adm.
1267
Code 728.106.
1268
1269
"Method 1664, Revision A, n-Hexane Extractable Material (HEM; Oil and
1270
Grease) and Silica Gel Treated n-Hexane Extractable Material (SGT-
1271
HEM; Non-polar Material) by Extraction and Gravimetry," USEPA
1272
publication number EPA-821/R-98-002, NTIS document number PB99-
1273
121949, USEPA-approved for Appendix Ito 35 Ill. Adm. Code 721.
1274
BOARD NOTE: EPA-821/R-98-002 is also available on the Internet for
1275
free download as a PDF document from the USEPA website at:
1276
www.epa.gov/waterscience/methods/16640514.pdf.
1277
1278
"Methods for Chemical Analysis of Water and Wastes," Third Edition,
1279
March 1983, USEPA document number EPA-600/4-79-020, NTIS
1280
document number PB84-128677, referenced in 35 Ill. Adm. Code
1281
725.192.
1282
BOARD NOTE: EPA 600/4-79-020 is also available on the Internet as a
1283
viewable/printable HTML document from the USEPA website at:
1284
www.epa.gov/clariton/c1html/pubtitleORD.html as document 600479002.
1285
1286
"Procedures Manual for Ground Water Monitoring at Solid Waste
1287
Disposal Facilities," August 1977, EPA 530/SW-611, NTIS document
1288
number PB84-174820, referenced in 35 Ill. Adm. Code 725.192.
1289
JCAR350720-0804970r01
1290
"Screening Procedures for Estimating the Air Quality Impact of Stationary
1291
Sources," October 1992, USEPA publication number EPA 454/R-92-019,
1292
NTIS document number 93-219095, referenced in 35 Ill. Adm. Code
1293
726.204 and 726.206.
1294
BOARD NOTE: EPA-454/R-92-019 is also available on the Internet for
1295
free download as a WordPerfect document from the USEPA website at the
1296
following Internet address:
1297
www.epa.gov/scram001/guidance/guide/scrng.wpd.
1298
1299
"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,"
1300
USEPA publication number EPA-530/SW-846 (Third Edition, November
1301
1986; Revision 6, January 2005), as amended by Updates I (July 1992), II
1302
(September 1994), IIA (August 1993), IIB (January 1995), III (December
1303
1996), IIIA (April 1998), and IIIB (November 2004) (document number
1304
955-001-00000-1), generally referenced in Appendices A and Ito 35 Ill.
1305
Adm. Code 721 and 35 Ill. Adm. Code 726.200, 726.206, 726.212, and
1306
728.106 (in addition to the references cited below for specific methods):
1307
1308
Method 0010 (September 1986) (Modified Method 5 Sampling
1309
Train), USEPA-approved for Appendix Ito 35 Ill. Adm. Code 721.
1310
1311
Method 0011 (December 1996) (Sampling for Selected Aldehyde
1312
and Ketone Emissions from Stationary Sources), USEPA-approved
1313
for Appendix Ito 35 Ill. Adm. Code 721 and for Appendix Ito 35
1314
Ill. Adm. Code 726.
1315
1316
Method 0020 (September 1986) (Source Assessment Sampling
1317
System), USEPA-approved for Appendix Ito 35 Ill. Adm. Code
1318
721.
1319
1320
Method 0023A (December 1996) (Sampling Method for
1321
Polychlorinated Dibenzo-p-Dioxins and Polychlorinated
1322
Dibenzofuran Emissions from Stationary Sources), USEPA-
1323
approved for Appendix Ito 35 Ill. Adm. Code 721, Appendix Ito
1324
35 Ill. Adm. Code 726, and 35 Ill. Adm. Code 726.204.
1325
1326
Method 0030 (September 1986) (Volatile Organic Sampling
1327
Train), USEPA-approved for Appendix Ito 35 Ill. Adm. Code 721.
1328
1329
Method 0031 (December 1996) (Sampling Method for Volatile
1330
Organic Compounds (SMVOC)), USEPA-approved for Appendix
1331
Ito 35 Ill. Adm. Code 721.
1332
JCAR3 50720-0804970r01
1333
Method 0040 (December 1996) (Sampling of Principal Organic
1334
Hazardous Constituents from Combustion Sources Using Tedlar®
1335
Bags), USEPA-approved for Appendix Ito 35 Ill. Adm. Code 721.
1336
1337
Method 0050 (December 1996) (Isokinetic HC1/C1
2
Emission
1338
Sampling Train), USEPA-approved for Appendix Ito 35 Ill. Adm.
1339
Code 721, Appendix Ito 35 Ill. Adm. Code 726, and 35 Ill. Adm.
1340
Code 726.207.
1341
1342
Method 0051 (December 1996) (Midget Impinger HC1/C12
1343
Emission Sampling Train), USEPA-approved for Appendix Ito 35
1344
Ill. Adm. Code 721, Appendix Ito 35 Ill. Adm. Code 726, and 35
1345
Ill. Adm. Code 726.207.
1346
1347
Method 0060 (December 1996) (Determination of Metals in Stack
1348
Emissions), USEPA-approved for Appendix Ito 35 Ill. Adm. Code
1349
721, Appendix Ito 35 Ill. Adm. Code 726, and 35 Ill. Adm. Code
1350
726.206.
1351
1352
Method 0061 (December 1996) (Determination of Hexavalent
1353
Chromium Emissions from Stationary Sources), USEPA-approved
1354
for Appendix Ito 35 Ill. Adm. Code 721, 35 Ill. Adm. Code
1355
726.206, and Appendix I to 35 Ill. Adm. Code 726.
1356
1357
Method 1010A (November 2004) (Test Methods for Flash Point by
1358
Pensky-Martens Closed Cup Tester), USEPA-approved for
1359
Appendix Ito 35 Ill. Adm. Code 721.
1360
1361
Method 1020B (November 2004) (Standard Test Methods for
1362
Flash Point by Setaflash (Small Scale) Closed-cup Apparatus),
1363
USEPA-approved for Appendix Ito 35 III. Adm. Code 721.
1364
1365
Method 1110A (November 2004) (Corrosivity Toward Steel),
1366
USEPA-approved for 35 Ill. Adm. Code 721.122 and Appendix I
1367
to 35 Ill. Adm. Code 721.
1368
1369
Method 1310B (November 2004) (Extraction Procedure (EP)
1370
Toxicity Test Method and Structural Integrity Test), USEPA-
1371
approved for Appendix Ito 35 Ill. Adm. Code 721 and referenced
1372
in Appendix Ito 35 Ill. Adm. Code 728.
1373
1374
Method 1311 (September 1992) (Toxicity Characteristic Leaching
1375
Procedure), USEPA-approved for Appendix Ito 35 Ill. Adm. Code
JCAR350720-0804970r01
1376
721; for 35 Ill. Adm. Code 721.124, 728.107, and 728.140; and for
1377
Table T to 35 Ill. Adm. Code 728.
1378
1379
Method 1312 (September 1994) (Synthetic Precipitation Leaching
1380
Procedure), USEPA-approved for Appendix Ito 35 Ill. Adm. Code
1381
721.
1382
1383
Method 1320 (September 1986) (Multiple Extraction Procedure),
1384
USEPA-approved for Appendix Ito 35 Ill. Adm. Code 721.
1385
1386
Method 1330A (September 1992) (Extraction Procedure for Oily
1387
Wastes), USEPA-approved for Appendix Ito 35 Ill. Adm. Code
1388
721.
1389
1390
Method 9010C (November 2004) (Total and Amenable Cyanide:
1391
Distillation), USEPA-approved for Appendix Ito 35 Ill. Adm.
1392
Code 721 and 35 Ill. Adm. Code 728.140, 728.144, and 728.148,
1393
referenced in Table H to 35 Ill. Adm. Code 728.
1394
1395
Method 9012B (November 2004) (Total and Amenable Cyanide
1396
(Automated Colorimetric, with Off-Line Distillation)), USEPA-
1397
approved for Appendix Ito 35 Ill. Adm. Code 721 and 35 Ill.
1398
Adm. Code 728.140, 728.144, and 728.148, referenced in Table H
1399
to 35 Ill. Adm. Code 728.
1400
1401
Method 9040C (November 2004) (pH Electrometric
1402
Measurement), USEPA-approved for 35 Ill. Adm. Code 721.122
1403
and Appendix Ito 35 Ill. Adm. Code 721.
1404
1405
Method 9045D (November 2004) (Soil and Waste pH), USEPA-
1406
approved for Appendix Ito 35 Ill. Adm. Code 721.
1407
1408
Method 9060A (November 2004) (Total Organic Carbon),
1409
USEPA-approved for Appendix Ito 35 Ill. Adm. Code 721 and 35
1410
Ill. Adm. Code 724.934, 724.963, 725.934, and 725.963.
1411
1412
Method 9070A (November 2004) (n-Hexane Extractable Material
1413
(HEM) for Aqueous Samples), USEPA-approved for Appendix I
1414
to 35 Ill. Adm. Code 721.
1415
1416
Method 9071B (April 1998) (n-Hexane Extractable Material
1417
(HEM) for Sludge, Sediment, and Solid Samples), USEPA-
1418
approved for Appendix Ito 35 Ill. Adm. Code 721.
JCAR350720-0804970r01
1419
1420
Method 9095B (November 2004) (Paint Filter Liquids Test),
1421
USEPA-approved for Appendix Ito 35 Ill. Adm. Code 721 and 35
1422
Ill. Adm. Code 724.290, 724.414, 725.290, 725.414, 725.981,
1423
727.290, and 728.132.
1424
1425
BOARD NOTE: EPA-530/SW-846 is also available on the Internet for
1426
free download in segments in PDF format from the USEPA website at:
1427
www.epa.gov/SW-846.
1428
1429
OECD. Organisation for Economic Co-operation and Development,
1430
Environment Directorate, 2 rue Andre Pascal, 75775 Paris Cedex 16,
1431
France (www.oecd.org), also OECD Washington Center, 2001 L Street,
1432
NW, Suite 650, Washington, DC 20036-4922, 202-785-6323 or 800-456-
1433
6323 (www.oecdwash.org):
1434
1435
OECD "Amber List of Wastes," Appendix 4 to the OECD Council
1436
Decision C(92)39/Final (March 30, 1992, revised May 1993) (Concerning
1437
the Control of Transfrontier Movements of Wastes Destined for Recovery
1438
Operations), USEPA-approved for 35 Ill. Adm. Code 722.189, referenced
1439
in 35 Ill. Adm. Code 722.181.
1440
1441
OECD "Amber Tier," Section IV of the annex to the OECD Council
1442
Decision C(92)39/Final (Concerning the Control of Transfrontier
1443
Movements of Wastes Destined for Recovery Operations) (revised May
1444
1993), referenced in 35 Ill. Adm. Code 722.181.
1445
1446
Annex to OECD Council Decision C(88)90/Final, as amended by
1447
C(94)152/Final (revised July 1994), referenced in 35 Ill. Adm. Code
1448
722.187.
1449
1450
OECD "Green List of Wastes," Appendix 3 to the OECD Council Decision
1451
C(92)39/Final (March 30, 1992, revised May 1994) (Concerning the
1452
Control of Transfrontier Movements of Wastes Destined for Recovery
1453
Operations), USEPA-approved for 35 Ill. Adm. Code 722.189, referenced
1454
in 35 Ill. Adm. Code 722.181.
1455
1456
OECD "Green Tier," Section III of the annex to the OECD Council
1457
Decision C(92)39/Final (Concerning the Control of Transfrontier
1458
Movements of Wastes Destined for Recovery Operations) (revised May
1459
1993), referenced in 35 Ill. Adm. Code 722.181.
1460
1461
OECD Guideline for Testing of Chemicals, "Ready Biodegradability,"
JCAR350720-0804970r01
1462
Method 301B (July 17, 1992), "CO
2
Evolution (Modified Sturm Test), "
1463
referenced in 35 Ill. Adm. Code 724.414.
1464
1465
OECD "Red List of Wastes," Appendix 5 to the OECD Council Decision
1466
C(92)39/Final (March 30, 1992, revised May 1993), USEPA-approved for
1467
35 Ill. Adm. Code 722.189, referenced in 35 Ill. Adm. Code 722.181.
1468
1469
OECD "Red Tier," Section V of the annex to the OECD Council Decision
1470
C(92)39/Final (Concerning the Control of Transfrontier Movements of
1471
Wastes Destined for Recovery Operations) (revised May 1993),
1472
referenced in 35 Ill. Adm. Code 722.181.
1473
1474
Table 2.B of the Annex of OECD Council Decision C(88)90(Final) (May
1475
27, 1988), amended by C(94)152/Final (July 28, 1994), "Decision of the
1476
Council on Transfrontier Movements of Hazardous Wastes," referenced in
1477
35 Ill. Adm. Code 722.181 and 722.187.
1478
1479
STI. Available from the Steel Tank Institute, 728 Anthony Trail, Northbrook, IL
1480
60062, 708-498-1980:
1481
1482
"Standard for Dual Wall Underground Steel Storage Tanks" (1986),
1483
referenced in 35 Ill. Adm. Code 724.293.
1484
1485
USDOD. Available from the United States Department of Defense:
1486
1487
"DOD Ammunition and Explosives Safety Standards" (DOD 6055.9-
1488
STD), as in effect October 5, 2004in July 1999, referenced in 35 Ill. Adm.
1489
Code 726.305.
1490
1491
"The Motor Vehicle Inspection Report" (DD Form 626, MAR 2007), as in
1492
effect on November 8, 1995, referenced in 35 Ill. Adm. Code 726.303.
1493
1494
"Requisition Tracking Folln" (DD Form 1348), as in effect on November
1495
8, 1995, referenced in 35 Ill. Adm. Code 726.303.
1496
1497
"The Signature and Tally Record" (DD Form 1907, NOV 2006), as in
1498
effect on November 8, 1995, referenced in 35 Ill. Adm. Code 726.303.
1499
1500
"Special Instructions for Motor Vehicle Drivers" (DD Form 836, OCT
1501
2006), as in effect on November 8, 1995, referenced in 35 Ill. Adm. Code
1502
726.303.
1503
JCAR350720-0804970r01
1504
BOARD NOTE: DOD 6055.9-STD is available on-line for download in pdf
1505
format from http://www.ddesb.pentagon.mil. DD Form 1348, DD Form 1907,
1506
NOV 2006, and DD Form 836, OCT 2006 are available on-line for download in
1507
pdf folinat from http://www.dtic.mil/whs/directives/
1508
infomgt/forms/foimsprogram.htm.
1509
1510
USEPA, Office of Ground Water and Drinking Water. Available from United
1511
States Environmental Protection Agency, Office of Drinking Water, State
1512
Programs Division, WH 550 E, Washington, D.C. 20460:
1513
1514
"Inventory of Injection Wells," USEPA Form 7520-16 (Revised 8-01),
1515
referenced in 35 Ill. Adm. Code 704.148 and 704.283.
1516
1517
"Technical Assistance Document: Corrosion, Its Detection and Control in
1518
Injection Wells," USEPA publication number EPA-570/9-87-002, August
1519
1987, referenced in 35 Ill. Adm. Code 730.165.
1520
1521
USEPA, Receptor Analysis Branch. Available from Receptor Analysis Branch,
1522
USEPA (MD-14), Research Triangle Park, NC 27711:
1523
1524
"Screening Procedures for Estimating the Air Quality Impact of Stationary
1525
Sources, Revised," October 1992, USEPA publication number EPA-
1526
450/R-92-019, USEPA-approved for Appendix Ito 35 Ill. Adm. Code
1527
726.
1528
1529
BOARD NOTE: EPA-454/R-92-019 is also available for purchase from
1530
NTIS (see above) and on the Internet for free download as a WordPerfect
1531
document from the USEPA website at following Internet address:
1532
www.epa.gov/scram001/guidance/guide/scrng.wpd.
1533
1534
USEPA Region 6. Available from United States Environmental Protection
1535
Agency, Region 6, Multimedia Permitting and Planning Division, 1445 Ross
1536
Avenue, Dallas, TX 75202 (phone: 214-665-7430):
1537
1538
1539
1540
1541
1542
1543
Government Bill of Lading (GBL) (GSA Standard Form 1103, rev 9/2003,
1544
supplemented as necessary with GSA Standard Form 1109, rev 09/1998),
"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:
1545
P.1
• :?
-
II
, referenced in Section 726.303.
JCAR350720-0804970r01
1546
BOARD NOTE: Available on-line for download in various formats from
1547
www.gsa.gov/forms/forms.htm.
1548
1549
b)
Code of Federal Regulations. Available from the Superintendent of Documents,
1550
U.S. Government Printing Office, Washington, D.C. 20401, 202-783-3238:
1551
1552
10 CFR 20.2006 (2007)(2006) (Transfer for Disposal and Manifests),
1553
referenced in 35 Ill. Adm. Code 702.110, 726.425, and 726.450.
1554
1555
Table II, column 2 in Appendix B to 10 CFR 20 (2007)(2006) (Water
1556
Effluent Concentrations), referenced in 35 Ill. Adm. Code 702.110,
1557
730.103, and 730.151.
1558
1559
Appendix G to 10 CFR 20 (2007)(2006) (Requirements for Transfers of
1560
Low-Level Radioactive Waste Intended for Disposal at Licensed Land
1561
Disposal Facilities and Manifests), referenced in 35 Ill. Adm. Code
1562
726.440.
1563
1564
10 CFR 71 (2007)(2006) (Packaging and Transportation of Radioactive
1565
Material), referenced generally in 35 Ill. Adm. Code 726.430.
1566
1567
10 CFR 71.5 (2007)(2006) (Transportation of Licensed Material),
1568
referenced in 35 Ill. Adm. Code 726.425.
1569
1570
33 CFR 153.203 (2007)(2005), as amended at 70 Fed. Reg. 74669
1571
(December 16, 2005) (Procedure for the Notice of Discharge), referenced
1572
in 35 Ill. Adm. Code 723.130 and 739.143.
1573
1574
40 CFR 3.2 (2007), as added at 70 Fed. Reg. 59848 (Oct. 13, 2005) (How
1575
Does This Part Provide for Electronic Reporting?), referenced in Section
1576
720.104.
1577
1578
40 CFR 3.3 (2007), as added at 70 Fed. Reg. 59848 (Oct. 13, 2005) (What
1579
Definitions Are Applicable to This Part?), referenced in Section 720.104.
1580
1581
40 CFR 3.10 (2007), as added at 70 Fed. Reg. 59848 (Oct. 13, 2005)
1582
(What Are the Requirements for Electronic Reporting to EPA?), referenced
1583
in Section 720.104.
1584
1585
40 CFR 3.2000 (2007), as added at 70 Fed. Reg. 59848 (Oct. 13, 2005)
1586
(What Are the Requirements Authorized State, Tribe, and Local Programs'
1587
Reporting Systems Must Meet?), referenced in Section 720.104.
1588
JCAR350720-0804970r01
1589
40 CFR 51.100(ii) (2007)(2005) (Definitions), referenced in 35 Ill. Adm.
1590
Code 726.200.
1591
1592
Appendix W to 40 CFR 51 (2007)(2005), as amended at 70 Fcd. Reg.
1593
68218 (November 9, 2005) (Guideline on Air Quality Models), referenced
1594
in 35 Ill. Adm. Code 726.204.
1595
1596
BOARD NOTE: Also available from NTIS (see above for contact
1597
information) as "Guideline on Air Quality Models," Revised 1986,
1598
USEPA publication number EPA 450/12-78-027R, NTIS document
1599
numbers PB86-245248 (Guideline) and PB88-150958 (Supplement).
1600
1601
Appendix B to 40 CFR 52.741 (2007)(2005) (VOM Measurement
1602
Techniques for Capture Efficiency), referenced in 35 Ill. Adm. Code
1603
703.213, 703.352, 724.982, 724.984, 724.986, 724.989, 725.983, 725.985,
1604
725.987, and 725.990.
1605
1606
40 CFR 60 (2007)(2005), as amended at 70 Fed. Reg. 51266 (Aug. 30,
1607
2005), 70 Fcd. Rcg. 55568 (Sop. 22, 2005), 70 Fcd. Rcg. 598/18 (Oct. 13,
1608
2005), 70 Fcd. Rcg. 73138 (Dec. 9, 2005), 70 Fed. Reg. 74679 (Dec. 16,
1609
2005), and 70 Fed. Rcg. 74870 (Dec. 16, 2005) (Standards of Performance
1610
for New Stationary Sources), referenced generally in 35 Ill. Adm. Code
1611
724.964, 724.980, 725.964, and 725.980.
1612
1613
Subpart VV of 40 CFR 60 (2007)(2005) (Standards of Perfoimance for
1614
Equipment Leaks of VOC in the Synthetic Organic Chemicals
1615
Manufacturing Industry), referenced in 35 Ill. Adm. Code 724.989 and
1616
725.990.
1617
1618
Appendix A to 40 CFR 60 (2007)(2005) (Test Methods), referenced
1619
generally in 35 Ill. Adm. Code 726.205 (in addition to the references cited
1620
below for specific methods):
1621
1622
Method 1 (Sample and Velocity Traverses for Stationary Sources),
1623
referenced in 35 Ill. Adm. Code 726.205.
1624
1625
Method 2 (Determination of Stack Gas Velocity and Volumetric
1626
Flow Rate (Type S Pitot Tube)), referenced in 35 Ill. Adm. Code
1627
724.933, 724.934, 725.933, 725.934, and 726.205.
1628
1629
Method 2A (Direct Measurement of Gas Volume through Pipes
1630
and Small Ducts), referenced in 35 Ill. Adm. Code 724.933,
1631
725.933, and 726.205.
JCAR350720-0804970r01
1632
1633
Method 2B (Determination of Exhaust Gas Volume Flow Rate
1634
from Gasoline Vapor Incinerators), referenced in 35 Ill. Adm.
1635
Code 726.205.
1636
1637
Method 2C (Determination of Gas Velocity and Volumetric Flow
1638
Rate in Small Stacks or Ducts (Standard Pitot Tube)), referenced in
1639
35 Ill. Adm. Code 724.933, 725.933, and 726.205.
1640
1641
Method 2D (Measurement of Gas Volume Flow Rates in Small
1642
Pipes and Ducts), referenced in 35 Ill. Adm. Code 724.933,
1643
725.933, and 726.205.
1644
1645
Method 2E (Deteimination of Landfill Gas Production Flow Rate),
1646
referenced in 35 Ill. Adm. Code 726.205.
1647
1648
Method 2F (Determination of Stack Gas Velocity and Volumetric
1649
Flow Rate with Three-Dimensional Probes), referenced in 35 Ill.
1650
Adm. Code 726.205.
1651
1652
Method 2G (Determination of Stack Gas Velocity and Volumetric
1653
Flow Rate with Two-Dimensional Probes), referenced in 35 Ill.
1654
Adm. Code 726.205.
1655
1656
Method 2H (Determination of Stack Gas Velocity Taking into
1657
Account Velocity Decay Near the Stack Wall), referenced in 35 Ill.
1658
Adm. Code 726.205.
1659
1660
Method 3 (Gas Analysis for the Determination of Dry Molecular
1661
Weight), referenced in 35 Ill. Adm. Code 724.443 and 726.205.
1662
1663
Method 3A (Determination of Oxygen and Carbon Dioxide
1664
Concentrations in Emissions from Stationary Sources
1665
(Instrumental Analyzer Procedure)), referenced in 35 Ill. Adm.
1666
Code 726.205.
1667
1668
Method 3B (Gas Analysis for the Determination of Emission Rate
1669
Correction Factor or Excess Air), referenced in 35 Ill. Adm. Code
1670
726.205.
1671
1672
Method 3C (Determination of Carbon Dioxide, Methane, Nitrogen,
1673
and Oxygen from Stationary Sources), referenced in 35 Ill. Adm.
1674
Code 726.205.
JCAR350720-0804970r01
1675
1676
Method 4 (Determination of Moisture Content in Stack Gases),
1677
referenced in 35 Ill. Adm. Code 726.205.
1678
1679
Method 5 (Determination of Particulate Matter Emissions from
1680
Stationary Sources), referenced in 35 Ill. Adm. Code 726.205.
1681
1682
Method 5A (Determination of Particulate Matter Emissions from
1683
the Asphalt Processing and Asphalt Roofing Industry), referenced
1684
in 35 Ill. Adm. Code 726.205.
1685
1686
Method 5B (Determination of Nonsulfuric Acid Particulate Matter
1687
Emissions from Stationary Sources), referenced in 35 Ill. Adm.
1688
Code 726.205.
1689
1690
Method 5D (Determination of Particulate Matter Emissions from
1691
Positive Pressure Fabric Filters), referenced in 35 Ill. Adm. Code
1692
726.205.
1693
1694
Method 5E (Determination of Particulate Matter Emissions from
1695
the Wool Fiberglass Insulation Manufacturing Industry),
1696
referenced in 35 Ill. Adm. Code 726.205.
1697
1698
Method 5F (Determination of Nonsulfate Particulate Matter
1699
Emissions from Stationary Sources), referenced in 35 Ill. Adm.
1700
Code 726.205.
1701
1702
Method 5G (Determination of Particulate Matter Emissions from
1703
Wood Heaters (Dilution Tunnel Sampling Location)), referenced
1704
in 35 Ill. Adm. Code 726.205.
1705
1706
Method 5H (Determination of Particulate Emissions from Wood
1707
Heaters from a Stack Location), referenced in 35 Ill. Adm. Code
1708
726.205.
1709
1710
Method 5I (Determination of Low Level Particulate Matter
1711
Emissions from Stationary Sources), referenced in 35 Ill. Adm.
1712
Code 726.205.
1713
1714
Method 18 (Measurement of Gaseous Organic Compound
1715
Emissions by Gas Chromatography), referenced in 35 Ill. Adm.
1716
Code 724.933, 724.934, 725.933, and 725.934.
1717
JCAR350720-0804970r01
1718
Method 21 (Determination of Volatile Organic Compound Leaks),
1719
referenced in 35 Ill. Adm. Code 703.213, 724.934, 724.935,
1720
724.963, 725.934, 725.935, 725.963, and 725.984.
1721
1722
Method 22 (Visual Determination of Fugitive Emissions from
1723
Material Sources and Smoke Emissions from Flares), referenced in
1724
35 Ill. Adm. Code 724.933, 724.1101, 725.933, 725.1101, and
1725
727.900.
1726
1727
Method 25A (Determination of Total Gaseous Organic
1728
Concentration Using a Flame Ionization Analyzer), referenced in
1729
35 Ill. Adm. Code 724.934 and 725.985.
1730
1731
Method 25D (Determination of the Volatile Organic Concentration
1732
of Waste Samples), referenced in 35 Ill. Adm. Code 724.982,
1733
725.983, and 725.984.
1734
1735
Method 25E (Determination of Vapor Phase Organic
1736
Concentration in Waste Samples), referenced in 35 Ill. Adm. Code
1737
725.984.
1738
1739
Method 27 (Determination of Vapor Tightness of Gasoline
1740
Delivery Tank Using Pressure-Vacuum Test), referenced in 35 Ill.
1741
Adm. Code 724.987 and 725.987.
1742
1743
40 CFR 61 (2007)(2005), as amended at 70 Fed. Reg. 73138 (Dec. 9,
1744
2005) and 70 Fed. Reg. 73595 (Dec. 13, 2005) (National Emission
1745
Standards for Hazardous Air Pollutants), referenced generally in 35 Ill.
1746
Adm. Code 725.933, 725.964, and 725.980.
1747
1748
Subpart V of 40 CFR 61 (2007)(2005) (National Emission Standard for
1749
Equipment Leaks (Fugitive Emission Sources)), referenced in 35 Ill. Adm.
1750
Code 724.989 and 725.990.
1751
1752
Subpart FF of 40 CFR 61 (2007)(2005) (National Emission Standard for
1753
Benzene Waste Operations), referenced in 35 Ill. Adm. Code 724.982 and
1754
725.983.
1755
1756
40 CFR 63 (2007)
1757
2005), 70 Fed. Reg. 38780 (July 6, 2005), 70 Fed. Reg. 39126 (July 8,
1758
2005), 70 Fed. Reg. 39662 (July 11, 2005), 70 Fcd. Reg. 10672 (July 14,
1759
2005), 70 Fcd. Reg. 44285 (Augt--,V2005), 70 Fcd. Reg. 46681 (Aug. 10,
1760
2005), 70 Fed. Rcg. 50118 (Aug. 25, 2005), 70 Fcd. Reg. 51269 (Aug. 30,
II
JCAR350720-0804970r01
1761
2005), 70 Fed. Reg. 57513 (Oct. 3, 2005), 70 Fed. Rcg. 59102 (Oct. 12,
1762
2005), 70 Fed. Reg. 59848 (Oct. 13, 2005), 70 Fed. Reg. 66280 (Nov. 2,
1763
2005), 70 Fed. Reg. 73138 (Dec. 9, 2005), 70 Fed. Reg. 73595 (Dec. 13,
1764
2005), 70 Fed. Reg. 75042 (Dec. 19, 2005), 70 Fed. Reg. 75017 (Dec. 19,
1765
2005), 70 Fed. Reg. 75320 (Dec. 19, 2005), 70 Fed. Reg. 7592'1 (Dec. 21,
1766
2005), 70 Fed. Reg. 76918 (Dec. 28, 2005), and 71 Fed. Rog. 11655 (Mar.
1767
23, 2006) (National Emission Standards for Hazardous Air Pollutants for
1768
Source Categories), referenced generally in 35 Ill. Adm. Code 725.933,
1769
725.964, and 725.980.
1770
1771
Subpart RR of 40 CFR 63 (2007)(2005) (National Emission Standards for
1772
Individual Drain Systems), referenced in 35 Ill. Adm. Code 724.982,
1773
724.984, 724.985, 725.983, 725.985, and 725.986.
1774
1775
Subpart EEE of 40 CFR 63 (2000) (National Emission Standards for
1776
Hazardous Air Pollutants from Hazardous Waste Combustors), referenced
1777
in 35 Ill. Adm. Code 703.280.
1778
1779
Subpart EEE of 40 CFR 63 (2007)(2005), as amended at 70 Fed. Reg.
1780
59402 (Oct. 12, 2005), 70 Fed. Rog. 75012 (Dec. 19, 2005), and 71 Fed.
1781
Rcg. 14655 (Mar. 23, 2006) (National Emission Standards for Hazardous
1782
Air Pollutants from Hazardous Waste Combustors) (includes 40 CFR
1783
63.1206 (When and How Must You Comply with the Standards and
1784
Operating Requirements?), 63.1215 (What are the Health-Based
1785
Compliance Alternatives for Total Chlorine?), 63.1216 (What are the
1786
Standards for Solid-Fuel Boilers that Burn Hazardous Waste?), 63.1217
1787
(What are the Standards for Liquid-Fuel Boilers that Burn Hazardous
1788
Waste?), 63.1218 (What are the Standards for Hydrochloric Acid
1789
Production Furnaces that Burn Hazardous Waste?), 63.1219 (What are the
1790
Replacement Standards for Hazardous Waste Incinerators?), 63.1220
1791
(What are the Replacement Standards for Hazardous Waste-Burning
1792
Cement Kilns?), and 63.1221 (What are the Replacement Standards for
1793
Hazardous Waste-Burning Lightweight Aggregate Kilns?)), referenced in
1794
Appendix A to 35 Ill. Adm. Code 703 and 35 Ill. Adm. Code 703.155,
1795
703.205, 703.208, 703.221, 703.232, 703.320, 703.280, 724.440, 724.701,
1796
724.950, 725.440, and 726.200.
1797
1798
Method 301 (Field Validation of Pollutant Measurement Methods from
1799
Various Waste Media) in appendix A to 40 CFR 63 (2007)(2005) (Test
1800
Methods), referenced in 35 Ill. Adm. Code 725.984.
1801
JCAR350720-0804970r01
1802
Appendix C to 40 CFR 63 (2007)(2005) (Determination of the Fraction
1803
Biodegraded (F
b
,,,) in a Biological Treatment Unit), referenced in 35 Ill.
1804
Adm. Code 725.984.
1805
1806
Appendix D to 40 CFR 63 (2007)(2005) (Test Methods), referenced in 35
1807
Ill. Adm. Code 725.984.
1808
1809
40 CFR 136.3 (Identification of Test Procedures) (2007)(2005), referenced
1810
in 35 Ill. Adm. Code 702.110, 704.150, 704.187, and 730.103.
1811
1812
40 CFR 144.70 (2007)(2005) (Wording of the Instruments), referenced in
1813
35 Ill. Adm. Code 704.240.
1814
1815
40 CFR 232.2 (2007)(2005) (Definitions), referenced in 35 Ill. Adm. Code
1816
721.104.
1817
1818
40 CFR 257 (2007)(2005), as amended at 70 Fed. Reg. 59848 (Oct. 13,
1819
2005) (Criteria for Classification of Solid Waste Disposal Facilities and
1820
Practices), referenced in 35 Ill. Adm. Code 739.181.
1821
1822
40 CFR 258 (2007)(2005), as amended at 70 Fed. Reg. 4415-0-(Aug-1,
1823
2005) and 70 Fed. Reg. 59848 (Oct. 13, 2005) (Criteria for Municipal
1824
Solid Waste Landfills), referenced in 35 Ill. Adm. Code 739.181.
1825
1826
40 CFR 260.21 (2007)(2005) (Alternative Equivalent Testing Methods),
1827
referenced in Section 720.121.
1828
1829
Appendix Ito 40 CFR 260 (2007)(2005) (Overview of Subtitle C
1830
Regulations), referenced in Appendix A to 35 Ill. Adm. Code 720.
1831
1832
Appendix III to 40 CFR 261 (2007)(2005) (Chemical Analysis Test
1833
Methods), referenced in 35 Ill. Adm. Code 704.150 and 704.187.
1834
1835
40 CFR 262.53 (2007)(2005) (Notification of Intent to Export), referenced
1836
in 35 Ill. Adm. Code 722.153.
1837
1838
40 CFR 262.54 (2007)(2005) (Special Manifest Requirements), and as
1839
amended at 70 Fcd. Reg. 10776 (March 4, 2005), referenced in 35 Ill.
1840
Adm. Code 722.154.
1841
1842
40 CFR 262.55 (2007)(2005) (Exception Reports), referenced in 35 Ill.
1843
Adm. Code 722.155.
1844
• • •
e- - : " -
•
JCAR350720-0804970r01
1845
40 CFR 262.56 (2007)(2005) (Annual Reports), referenced in 35 Ill. Adm.
1846
Code 722.156.
1847
1848
40 CFR 262.57 (2007)(2005) (Recordkeeping), referenced in 35 Ill. Adm.
1849
Code 722.157.
1850
1851
Appendix to 40 CFR 262 (2007)(2005) (Uniform Hazardous Waste
1852
Manifest and Instructions (EPA Forms 8700-22 and 8700-22A and Their
1853
Instructions)),
1854
referenced in Appendix A to 35 Ill. Adm. Code 722 and 35 Ill. Adm. Code
1855
724.986 and 725.987.
1856
1857
40 CFR 264.151 (2007)(2005) (Wording of the Instruments), referenced in
1858
35 Ill. Adm. Code 724.251 and 727.240.
1859
1860
Appendix Ito 40 CFR 264 (2007)(2005) (Recordkeeping Instructions),
1861
referenced in Appendix A to 35 Ill. Adm. Code 724.
1862
1863
Appendix IV to 40 CFR 264 (2007)(2005) (Cochran's Approximation to
1864
the Behrens-Fisher Students' T-Test), referenced in Appendix D to 35 Ill.
1865
Adm. Code 724.
1866
1867
Appendix V to 40 CFR 264 (2007)(2005) (Examples of Potentially
1868
Incompatible Waste), referenced in Appendix E to 35 Ill. Adm. Code 724
1869
and 35 Ill. Adm. Code 727.270.
1870
1871
Appendix VI to 40 CFR 264 (2007)(2005) (Political Jurisdictions in
1872
Which Compliance with §264.18(a) Must Be Demonstrated), referenced in
1873
35 Ill. Adm. Code 703.306 and 724.118.
1874
1875
Appendix Ito 40 CFR 265 (2007)(2005) (Recordkeeping Instructions),
1876
referenced in Appendix A to 35 Ill. Adm. Code 725.
1877
1878
Appendix III to 40 CFR 265 (2007)(2005) (EPA Interim Primary Drinking
1879
Water Standards), referenced in Appendix C to 35 Ill. Adm. Code 725.
1880
1881
Appendix IV to 40 CFR 265 (2007)(2005) (Tests for Significance),
1882
referenced in Appendix D to 35 Ill. Adm. Code 725.
1883
1884
Appendix V to 40 CFR 265 (2007)(2005) (Examples of Potentially
1885
Incompatible Waste), referenced in 35 Ill. Adm. Code 725.277, 725.330,
1886
725.357, 725.382, and 725.413 and Appendix E to 35 Ill. Adm. Code 725.
1887
JCAR350720-0804970r01
1888
Appendix IX to 40 CFR 266 (2007)(2005) (Methods Manual for
1889
Compliance with the BIF Regulations), referenced generally in Appendix I
1890
to 35 Ill. Adm. Code 726.
1891
1892
Section 4.0 (Procedures for Estimating the Toxicity Equivalence of
1893
Chlorinated Dibenzo-p-Dioxin and Dibenzofuran Congeners),
1894
referenced in 35 Ill. Adm. Code 726.200 and 726.204.
1895
1896
Section 5.0 (Hazardous Waste Combustion Air Quality Screening
1897
Procedure), referenced in 35 Ill. Adm. Code 726.204.
1898
1899
Section 7.0 (Statistical Methodology for Bevill Residue
1900
Determinations), referenced in 35 Ill. Adm. Code 726.212.
1901
1902
BOARD NOTE: Also available from NTIS (see above for contact
1903
information) as "Methods Manual for Compliance with BIF Regulations:
1904
Burning Hazardous Waste in Boilers and Industrial Furnaces," December
1905
1990, USEPA publication number EPA 530/SW-91-010, NTIS document
1906
number PB91-120006.
1907
1908
40 CFR 270.5 (2007)(2005) (Noncompliance and Program Reporting by
1909
the Director), referenced in 35 Ill. Adm. Code 703.305.
1910
1911
40 CFR 761 (2007)(2005) (Polychlorinated Biphenyls (PCBs)
1912
Manufacturing, Processing, Distribution in Commerce, and Use
1913
Prohibitions), referenced generally in 35 Ill. Adm. Code 728.145.
1914
1915
40 CFR 761.3 (2007)(2005) (Definitions), referenced in 35 Ill. Adm. Code
1916
728.102 and 739.110.
1917
1918
40 CFR 761.60 (2007)(2005) (Disposal Requirements), referenced in 35
1919
Ill. Adm. Code 728.142.
1920
1921
40 CFR 761.65 (2007)(2005) (Storage for Disposal), referenced in 35 Ill.
1922
Adm. Code 728.150.
1923
1924
40 CFR 761.70 (2007)(2005) (Incineration), referenced in 35 Ill. Adm.
1925
Code 728.142.
1926
1927
Subpart B of 49 CFR 107 (2007)(2005), as amended at 70 Fcd. Reg.
1928
73156 (Doc. 9, 2005) (Exemptions), referenced generally in 35 Ill. Adm.
1929
Code 724.986 and 725.987.
1930
JCAR350720-0804970r01
1931
49 CFR 171 (2007)(2005), as amended at 70 Fed. Reg. 73156 (Dec. 9,
1932
2005) (General Information, Regulations, and Definitions), referenced
1933
generally in 35 Ill. Adm. Code 733.118, 733.138, 733.152, and 739.143.
1934
1935
49 CFR 171.3 (2007)(2005) (Hazardous Waste), referenced in 35 Ill.
1936
Adm. Code 722.133.
1937
1938
49 CFR 171.8 (2007)(2005), as amended at 70
1939
2005) and 70 Fed. Reg. 73156 (Dec. 9, 2005) (Definitions and
1940
Abbreviations), referenced in 35 Ill. Adm. Code 733.118, 733.138,
1941
733.152, 733.155, and 739.143.
1942
1943
49 CFR 171.15 (2007)(2005) (Immediate Notice of Certain Hazardous
1944
Materials Incidents), referenced in 35 Ill. Adm. Code 723.130 and
1945
739.143.
1946
1947
49 CFR 171.16 (2007)(2005) (Detailed Hazardous Materials Incident
1948
Reports), referenced in 35 Ill. Adm. Code 723.130 and 739.143.
1949
1950
49 CFR 172 (2007)(2005), as amended at 70 Fcd. Reg. 73156 (Dec. 9,
1951
2005) (Hazardous Materials Table, Special Provisions, Hazardous
1952
Materials Communications, Emergency Response Information, and
1953
Training Requirements), referenced generally in 35 Ill. Adm. Code
1954
722.131, 722.132, 724.986, 725.987, 733.114, 733.118, 733.134, 733.138,
1955
733.152, 733.155, and 739.143.
1956
1957
49 CFR 172.304 (2007)(2005) (Marking Requirements), referenced in 35
1958
Ill. Adm. Code 722.132.
1959
1960
Subpart F of 49 CFR 172 (2007)(2005) (Placarding), referenced in 35 Ill.
1961
Adm. Code 722.133.
1962
1963
49 CFR 173 (2007)
nded at 70 Fed. Reg. 73156 (Dec. 9,
1964
2005) (Shippers – General Requirements for Shipments and Packages),
1965
referenced generally in 35 Ill. Adm. Code 722.130, 724.986, 724.416,
1966
725.987, 733.118, 733.138, 733.152, and 739.143.
1967
1968
49 CFR 173.2 (2007)(200.5) (Hazardous Materials Classes and Index to
1969
Hazard Class Definitions), referenced in 35 Ill. Adm. Code 733.152.
1970
1971
49 CFR 173.12 (2007)(2005) (Exceptions for Shipments of Waste
1972
Materials), referenced in 35 Ill. Adm. Code 724.416, 724.986, and
1973
725.987.
-
-
•
49 CFR 173.54 (2006)(2005) (Forbidden Explosives), referenced in 35 Ill.
Adm. Code 721.124.
49 CFR 173.115 (2007)(2005) (Class 2, Divisions 2.1, 2.2, and 2.3 –
Definitions), referenced in 35 Ill. Adm. Code 721.121.
A •
P
Assignment of Packaging Groups), referenced in 35 Ill. Adm. Code
721.121.
49 CFR 174 (2007)(2005), as amended at 70 Fed. Reg. 73156 (Dec. 9,
2005) (Carriage by Rail), referenced generally in 35 Ill. Adm. Code
733.118, 733.138, 733.152, and 739.143.
JCAR350720-0804970r01
1974
1975
49 CFR 173.28 (2007)(2005) (Reuse, Reconditioning, and Remanufacture
1976
of Packagings), referenced in 35 Ill. Adm. Code 725.273.
1977
1978
49 CFR 173.50 (2007)(2005) (Class 1 – Definitions), referenced in 35 Ill.
1979
Adm. Code 721.124.
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
49 CFR 175 (2007)(2005), as amended at 70 Fed. Reg. 73156 (Dec. 9,
1996
2005) (Carriage by Aircraft), referenced generally in 35 Ill. Adm. Code
1997
733.118, 733.138, 733.152, and 739.143.
1998
1999
49 CFR 176 (2007)(2005), as amended at 70 Fed. Reg. 73156 (Dec. 9,
2000
2005) (Carriage by Vessel), referenced generally in 35 Ill. Adm. Code
2001
733.118, 733.138, 733.152, and 739.143.
2002
2003
49 CFR 177 (2007)(2005), as amended at 70 Fed. Reg. 73156 (Dec. 9,
2004
2005) (Carriage by Public Highway), referenced generally in 35 Ill. Adm.
2005
Code 733.118, 733.138, 733.152, and 739.143.
2006
2007
49 CFR 178 (2007)(2005), as amended at 70 Fed. Reg. 73156 (Doc. 9,
2008
2005) (Specifications for Packagings), referenced generally in 35 Ill.
2009
Adm. Code 722.130, 724.416, 724.986, 725.416, 725.987, 733.118,
2010
733.138, 733.152, and 739.143.
2011
2012
49 CFR 179 (2007)(2005), as amended at 70 Fed. Reg. 73156 (Dec. 9,
2013
2005) (Specifications for Tank Cars), referenced in 35 Ill. Adm. Code
2014
722.130, 724.416, 724.986, 725.416, 725.987, 733.118, 733.138, 733.152,
2015
and 739.143.
2016
JCAR350720-0804970r01
2017
49 CFR 180 (2006)(2005), as amended at 70 Fed. Reg. 73156 (Dec. 9,
2018
2005) (Continuing Qualification and Maintenance of Packagings),
2019
referenced generally in 35 Ill. Adm. Code 724.986, 725.987, 733.118,
2020
733.138, 733.152, and 739.143.
2021
2022 c)
Federal Statutes:
2023
2024
Section 11 of the Atomic Energy Act of 1954 (42 USC 2014), as amended
2025
through January 3, 2005January 23, 2000, referenced in 35 Ill. Adm. Code
2026
721.104 and 726.310.
2027
2028
Sections 201(v), 201(w), and 512(j) of the Federal Food, Drug, and
2029
Cosmetic Act (FFDCA; 21 USC 321(v), 321(w), and 360b(j)), as amended
2030
through January 3, 2005January 2, 2001, referenced in Section 720.110
2031
and 35 Ill. Adm. Code 733.109.
2032
2033
Section 1412 of the Department of Defense Authorization Act of 1986,
2034
Pub. L. 99-145 (50 USC 1521(j)(1)), as amended through January 3,
2035
2005January 23, 2000, referenced in 35 Ill. Adm. Code 726.301.
2036
2037
d)
This Section incorporates no later editions or amendments.
2038
2039
(Source: Amended at 32 Ill. Reg.
, effective )
2040
2041
SUBPART C: RULEMAKING PETITIONS AND OTHER PROCEDURES
2042
2043
Section 720.131 Solid Waste Determinations
2044
2045
a)
The Board will determine that those materials that are accumulated speculatively
2046
without sufficient amounts being recycled are not solid wastes if the applicant
2047
demonstrates that sufficient amounts of the material will be recycled or
2048
transferred for recycling in the following year. Such a determination is valid only
2049
for the following year, but can be renewed, on an annual basis, by filing a new
2050
application. This determination will be based on the following criteria:
2051
2052
1)
The manner in which the material is expected to be recycled, when the
2053
material is expected to be recycled, and whether this expected disposition
2054
is likely to occur (for example, because of past practice, market factors,
2055
the nature of the material or contractual arrangements for recycling);
2056
2057
2)
The reason that the applicant has accumulated the material for one or more
2058
years without recycling 75 percent of the volume accumulated at the
2059
beginning of the year;
JCAR350720-0804970r01
2060
2061
3)
The quantity of material already accumulated and the quantity expected to
2062
be generated and accumulated before the material is recycled;
2063
2064
4)
The extent to which the material is handled to minimize loss; and
2065
2066
5)
Other relevant factors.
2067
2068 b)
The Board will determine that those materials that are reclaimed and then reused
2069
as feedstock within the original production process in which the materials were
2070
generated are not solid wastes if the reclamation operation is an essential part of
2071
the production process. This determination will be based on the following
2072
criteria:
2073
2074
1)
How economically viable the production process would be if it were to use
2075
virgin materials, rather than reclaimed materials;
2076
2077
2)
The prevalence of the practice on an industry wide basis;
2078
2079
23)
The extent to which the material is handled before reclamation to
2080
minimize loss;
2081
2082
34)
The time periods between generating the material and its reclamation, and
2083
between reclamation and return to the original primary production
2084
process;
2085
2086
45)
The location of the reclamation operation in relation to the production
2087
process;
2088
2089
56)
Whether the reclaimed material is used for the purpose for which it was
2090
originally produced when it is returned to the original process, and
2091
whether it is returned to the process in substantially its original form;
2092
2093
67)
Whether the person that generates the material also reclaims it; and
2094
2095
7g)
Other relevant factors.
2096
2097
c)
The Board will determine that those materials that have been reclaimed but must
2098
be reclaimed further before recovery is completed are not solid wastes if, after
2099
initial reclamation, the resulting material is commodity-like (even though it is not
2100
yet a commercial product, and has to be reclaimed further). This determination
2101
will be based on the following criteria:
2102
JCAR350720-0804970r01
2103
1)
The degree of processing the material has undergone and the degree of
2104
further processing that is required;
2105
2106
2)
The value of the material after it has been reclaimed;
2107
2108
3)
The degree to which the reclaimed material is like an analogous raw
2109
material;
2110
2111
4)
The extent to which an end market for the reclaimed material is
2112
guaranteed;
2113
2114
5)
The extent to which the reclaimed material is handled to minimize loss;
2115
and
2116
2117
6)
Other relevant factors.
2118
2119
(Source: Amended at 32 Ill. Reg.
, effective
)
2120
2121
Section 720.140 Additional Regulation of Certain Hazardous Waste Recycling Activities
2122
on a Case-by-Case Basis
2123
2124
a)
The Agency may decide on a case-by-case basis that persons accumulating or
2125
storing the recyclable materials described in 35 Ill. Adm. Code
2126
721.106(a)(2)(C)721.106(a)(2)(D) should be regulated pursuant to 35 Ill. Adm.
2127
Code 721.106(b) and (c) rather than pursuant to the provisions of Subpart F of 35
2128
Ill. Adm. Code 726. The basis for this decision is that the materials are being
2129
accumulated or stored in a manner that does not protect human health and the
2130
environment because the materials or their toxic constituents have not been
2131
adequately contained, or because the materials being accumulated or stored
2132
together are incompatible. In making this decision, the Agency must consider the
2133
following factors:
2134
2135
1)
The types of materials accumulated or stored and the amounts
2136
accumulated or stored;
2137
2138
2)
The method of accumulation or storage;
2139
2140
3)
The length of time the materials have been accumulated or stored before
2141
being reclaimed;
2142
2143
4)
Whether any contaminants are being released into the environment, or are
2144
likely to be so released; and
2145
JCAR350720-0804970r01
2146
5)
Other relevant factors.
2147
2148 b)
The procedures for this decision are set forth in Section 720.141.
2149
2150
(Source: Amended at 32 Ill. Reg.
, effective
)
2151
2152
Section 720.141 Procedures for Case-by-Case Regulation of Hazardous Waste Recycling
2153
Activities
2154
2155 The Agency must use the following procedures when determining whether to regulate hazardous
2156
waste recycling activities described in 35 Ill. Adm. Code
721.106(a)(2)(C)721.106(a)(2)(D)
2157
under the provisions of 35 Ill. Adm. Code 721.106(b) and (c) rather than under the provisions of
2158
Subpart F of 35 Ill. Adm. Code 726.
2159
2160
a)
If a generator is accumulating the waste, the Agency must issue a notice setting
2161
forth the factual basis for the decision and stating that the person must comply
2162
with the applicable requirements of Subparts A, C, D and E of 35 Ill. Adm. Code
2163
722. The notice will become final within 30 days, unless the person served
2164
requests a public hearing to challenge the decision. Upon receiving such a
2165
request, the Agency must hold a public hearing. The Agency must provide notice
2166
of the hearing to the public and allow public participation at the hearing. The
2167
Agency must issue a final written memorandum of decision after the hearing
2168
stating whether or not compliance with 35 Ill. Adm. Code 722 is required, and
2169
setting forth the reasons for the Agency's decision, including all findings of fact
2170
and conclusions of law. Such memorandum of decision will constitute a final
2171
administrative action, and may be appealed to the Board. The decision becomes
2172
effective 35 days after service of the decision unless the Agency specifies a later
2173
date or unless an appeal has been filed with the Board. The decision may be
2174
appealed to the Board by any person who participated in the hearing. Proceedings
2175
before the Board must be in general accordance with the rules set forth in 35 Ill.
2176
Adm. Code 105.
2177
2178
b)
If the person is accumulating the recyclable material as a storage facility, the
2179
notice must state that the person must obtain a permit in accordance with all
2180
applicable provisions of 35 Ill. Adm. Code 702, 703, and 705. The owner or
2181
operator of the facility must apply for a permit within no less than 60 days and no
2182
more than six months of notice, as specified in the notice. If the owner or
2183
operator of the facility wishes to challenge the Agency's decision, it may do so in
2184
its permit application, in a public hearing held on the draft permit, or in comments
2185
filed on the draft permit or on the notice of intent to deny the permit. The fact
2186
sheet accompanying the permit will specify the reasons for the Agency's
2187
determination. The question of whether the Agency's decision was proper will
2188
remain open for consideration during the public comment period discussed under
JCAR350720-0804970r01
2189
Subparts D and E of 35 Ill. Adm. Code 705, and in any subsequent hearing.
2190
2191
(Source: Amended at 32 Ill. Reg.
, effective
