720. •
• •
Regulations
A Overview of Federal RCRA Subtitle C (Hazardous Waste)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 720
HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SUBPART A: GENERAL PROVISIONS
Section
720.101
720.102
720.103
720.104
SUBPART B:
Section
720.110
720.111
Purpose, Scope, and Applicability
Availability of Information; Confidentiality of Information
Use of Number and Gender
Electronic Reporting
DEFINITIONS AND REFERENCES
Definitions
References
SUBPART C: RULEMAKING PETITIONS AND OTHER PROCEDURES
Section
720.120
720.121
720.122
720.123
720.130
720.131
720.132
720.133
720.140
Rulemaking
Alternative Equivalent Testing Methods
Waste Delisting
Petitions for Regulation as Universal Waste
Procedures for Solid Waste Determinations
Solid Waste Determinations
Boiler Determinations
Procedures for Determinations
Additional Regulation of Certain Hazardous Waste Recycling
Activities on a Case-by-Case Basis
720.141?
Procedures for Case-by-Case Regulation of Hazardous Waste Recycling
Activities
AUTHORITY: Implementing Sections 7.2, 13, and 22.4 and authorized by Section 27
of the Environmental Protection Act [415 ILCS 5/7.2, 13, 22.4, and 27].
SOURCE: Adopted in R81-22 at 5 Ill. Reg. 9781, effective May 17, 1982; amended
and codified in R81-22 at 6 M. Reg. 4828, effective May 17, 1982; amended in
R82-19 at 7 Ill. Reg. 14015, effective October 12, 1983; amended in R84-9 at 9
Ill. Reg. 11819, effective July 24, 1985; amended in R85-22 at 10 Ill. Reg. 968,
effective January 2, 1986; amended in R86-1 at 10 Ill. Reg. 13998, effective
August 12, 1986; amended in R86-19 at 10 Ill. Reg. 20630, effective December 2,
1986; amended in R86-28 at 11 Ill. Reg. 6017, effective March 24, 1987; amended
in R86-46 at 11 Ill. Reg. 13435, effective August 4, 1987; amended in R87-5 at
11 Ill. Reg. 19280, effective Nov.November 12, 1987; amended in R87-26 at 12
Ill. Reg. 2450, effective January 15, 1988; amended in R87-39 at 12 Ill. Reg.
12999, effective July 29, 1988; amended in R88-16 at 13 Ill. Reg. 362, effective
December 27, 1988; amended in R89-1 at 13 Ill. Reg. 18278, effective
Nov.November 13, 1989; amended in R89-2 at 14 Ill. Reg. 3075, effective February
20, 1990; amended in R89-9 at 14 Ill. Reg. 6225, effective April 16, 1990;
amended in R90-10 at 14 Ill. Reg. 16450, effective Scpt.September 25, 1990;
amended in R90-17 at 15 III. Reg. 7934, effective May 9, 1991; amended in R90-11
at 15 Ill. Reg. 9323, effective June 17, 1991; amended in R91-1 at 15 Ill. Reg.
14446, effective Sep-t-September 30, 1991; amended in R91-13 at 16 Ill. Reg.
9489, effective June 9, 1992; amended in R92-1 at 16 Ill. Reg. 17636, effective
Nov.November 6, 1992; amended in R92-10 at 17 Ill. Reg. 5625, effective March
26, 1993; amended in R93-4 at 17 Ill. Reg. 20545, effective Nov.November 22,
1993; amended in R93-16 at 18 Ill. Reg. 6720, effective April 26, 1994; amended
in R94-7 at 18 Ill. Reg. 12160, effective July 29, 1994; amended in R94-17 at 18
Ill. Reg. 17480, effective Nov.November 23, 1994; amended in R95-6 at 19 Ill.
Reg. 9508, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 10929,
effective August 1, 1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 256,
effective December 16, 1997; amended in R98-12 at 22 Ill. Reg. 7590, effective
April 15, 1998; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17496, effective
Scpt.September 28, 1998; amended in R98-21/R99-2/R99-7 at 23 Ill. Reg. 1704,
effective January 19, 1999; amended in R99-15 at 23 Ill. Reg. 9094, effective
July 26, 1999; amended in R00-5 at 24 Ill. Reg. 1063, effective January 6, 2000;
amended in R00-13 at 24 Ill. Reg. 9443, effective June 20, 2000; amended in R01-
3 at 25 Ill. Reg. 1266, effective January 11, 2001; amended in R01-21/R01-23 at
25 Ill. Reg. 9168, effective July 9, 2001; amended in R02-1/R02-12/R02-17 at 26
III. Reg. 6550, effective April 22, 2002; amended in R03-7 at 27 Ill. Reg. 3712,
effective February 14, 2003; amended in R03-18 at 27 Ill. Reg. 12713, effective
July 17, 2003; amended in R05-8 at 29 Ill. Reg. 5974, effective April 13, 2005;
amended in R05-2 at 29 Ill. Reg. 6290, effective April 22, 2005; amended in R06-
5/R06-6/R06-7 at 30 Ill. Reg. 2930, effective February 23, 2006; amended in R06-
16/R06-17/R06-l8 at 31 Ill. Reg. 730, effective December 20, 2006; amended in
R07-5/R07-14 at 32 Ill. Reg. ?
--, effective ?
SUBPART B: DEFINITIONS AND REFERENCES
Section 720.110?
Definitions
When used in 35 Ill. Adm. Code 720 through 728, 733, 738, and 739 only, the
following terms have the meanings given below:
"Aboveground tank" means a device meeting the definition of tank that is
situated in such a way that the entire surface area of the tank is completely
above the plane of the adjacent surrounding surface and the entire surface area
of the tank (including the tank bottom) is able to be visually inspected.
"Active life" of a facility means the period from the initial receipt of
hazardous waste at the facility until the Agency receives certification of final
closure.
"Active portion" means that portion of a facility where treatment, storage, or
disposal operations are being or have been conducted after May 19, 1980, and
which is not a closed portion. (See also "closed portion" and "inactive
portion.")
"Administrator" means the Administrator of the United States Environmental
Protection Agency or the Administrator's designee.
"Agency" means the Illinois Environmental Protection Agency.
"Ancillary equipment" means any device, including, but not limited to, such
devices as piping, fittings, flanges, valves, and pumps, that is used to
distribute, meter, or control the flow of hazardous waste from its point of
generation to storage or treatment tanks, between hazardous waste storage and
treatment tanks to a point of disposal onsite, or to a point of shipment for
disposal off-site.
"Aquifer" means a geologic formation, group of formations, or part of a
formation capable of yielding a significant amount of groundwater to wells or
springs.
"Authorized representative" means the person responsible for the overall
operation of a facility or an operational unit (i.e., part of a facility), e.g.,
the plant manager, superintendent, or person of equivalent responsibility.
"Battery" means a device that consists of one or more electrically connected
electrochemical cells that is designed to receive, store, and deliver electric
energy. An electrochemical cell is a system consisting of an anode, cathode,
and an electrolyte, plus such connections (electrical and mechanical) as may be
needed to allow the cell to deliver or receive electrical energy. The term
battery also includes an intact, unbroken battery from which the electrolyte has
been removed.
"Board" means the Illinois Pollution Control Board.
"Boiler" means an enclosed device using controlled flame combustion and having
the following characteristics:
Boiler physical characteristics.
The unit must have physical provisions for recovering and exporting thermal
energy in the form of steam, heated fluids, or heated gases; and the unit's
combustion chamber and primary energy recovery sections must be of integral
design. To be of integral design, the combustion chamber and the primary energy
recovery sections (such as waterwalls and superheaters) must be physically
formed into one manufactured or assembled unit. A unit in which the combustion
chamber and the primary energy recovery sections are joined only by ducts or
connections carrying flue gas is not integrally designed; however, secondary
energy recovery equipment (such as economizers or air preheaters) need not be
physically formed into the same unit as the combustion chamber and the primary
energy recovery section. The following units are not precluded from being
boilers solely because they are not of integral design: process heaters (units
that transfer energy directly to a process stream) and fluidized bed combustion
units; and
While in operation, the unit must maintain a thermal energy recovery efficiency
of at least 60 percent, calculated in terms of the recovered energy compared
with the thermal value of the fuel; and
The unit must export and utilize at least 75 percent of the recovered energy,
calculated on an annual basis. In this calculation, no credit may be given for
recovered heat used internally in the same unit. (Examples of internal use are
the preheating of fuel or combustion air, and the driving of induced or forced
draft fans or feedwater pumps.); or
Boiler by designation. The unit is one that the Board has determined, on a
case-by-case basis, to be a boiler, after considering the standards in Section
720.132.
"Carbon regeneration unit" means any enclosed thermal treatment device used to
regenerate spent activated carbon.
"Cathode ray tube" or "CRT" means a vacuum tube, composed primarily of glass,
which is the visual or video display component of an electronic device. A
"used, intact CRT" means a CRT whose vacuum has not been released. A "used,
broken CRT" means glass removed from its housing or casing whose vacuum has been
released.
"Certification" means a statement of professional opinion based upon knowledge
and belief.
"Closed portion" means that portion of a facility that an owner or operator has
closed in accordance with the approved facility closure plan and all applicable
closure requirements. (See also "active portion" and "inactive portion.")
"Component" means either the tank or ancillary equipment of a tank system.
"Confined aquifer" means an aquifer bounded above and below by impermeable beds
or by beds of distinctly lower permeability than that of the aquifer itself; an
aquifer containing confined groundwater.
"Container" means any portable device in which a material is stored,
transported, treated, disposed of, or otherwise handled.
"Containment building" means a hazardous waste management unit that is used to
store or treat hazardous waste pursuant to the provisions of Subpart DD of 35
Ill. Adm. Code 724 and Subpart DD of 35 Ill. Adm. Code 725.
"Contingency plan" means a document setting out an organized, planned and
coordinated course of action to be followed in case of a fire, explosion, or
release of hazardous waste or hazardous waste constituents that could threaten
human health or the environment.
"Corrosion expert" means a person who, by reason of knowledge of the physical
sciences and the principles of engineering and mathematics, acquired by a
professional education and related practical experience, is qualified to engage
in the practice of corrosion control on buried or submerged metal piping systems
and metal tanks. Such a person must be certified as being qualified by the
National Association of Corrosion Engineers (NACE) or be a registered
professional engineer who has certification or licensing that includes education
and experience in corrosion control on buried or submerged metal piping systems
and metal tanks.
"CRT collector" means a person who receives used, intact CRTs for recycling,
repair, resale, or donation.
"CRT glass manufacturer" means an operation or part of an operation that uses a
furnace to manufacture CRT glass.
"CRT processing" means conducting all of the following activities:
Receiving broken or intact CRTs;
Intentionally breaking intact CRTs or further breaking or separating broken
CRTs; and
Sorting or otherwise managing glass removed from CRT monitors.
"Designated facility" means either of the following entities:
A hazardous waste treatment, storage, or disposal facility that has been
designated on the manifest by the generator, pursuant to 35 Ill. Adm. Code
722.120, of which any of the following is true:
The facility has received a RCRA permit (or interim status) pursuant to 35 Ill.
Adm. Code 702, 703, and 705;
The facility has received a RCRA permit from USEPA pursuant to 40 CFR 124 and
270 (2005);
The facility has received a RCRA permit from a state authorized by USEPA
pursuant to 40 CFR 271 (2005); or
The facility is regulated pursuant to 35 Ill. Adm. Code 721.106(c)(2) or Subpart
F of 35 Ill. Adm. Code 266; or
Effective Sept. 5, 2006, a A generator site designated by the hazardous waste
generator on the manifest to receive back its own waste as a return shipment
from a designated hazardous waste treatment, storage, or disposal facility that
has rejected the waste in accordance with 35 Ill. Adm. Code 724.172(f) or
725.172(f).
If a waste is destined to a facility in a state other than Illinois that has
been authorized by USEPA pursuant to 40 CFR 271, but which has not yet obtained
authorization to regulate that waste as hazardous, then the designated facility
must be a facility allowed by the receiving state to accept such waste.
"Destination facility" means a facility that treats, disposes of, or recycles a
particular category of universal waste, except those management activities
described in 35 Ill. Adm. Code 733.113(a) and (c) and 733.133(a) and (c). A
facility at which a particular category of universal waste is only accumulated
is not a destination facility for the purposes of managing that category of
universal waste.
"Dike" means an embankment or ridge of either natural or manmade materials used
to prevent the movement of liquids, sludges, solids, or other materials.
"Dioxins and furans" or "D/F" means tetra, penta- , hexa- , hepta- , and octa-
chlorinated dibenzo dioxins and furans.
"Director" means the Director of the Illinois Environmental Protection Agency.
"Discharge" or "hazardous waste discharge" means the accidental or intentional
spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous
waste into or on any land or water.
"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking,
or placing of any solid waste or hazardous waste into or on any land or water so
that such solid waste or hazardous waste or any constituent thereof may enter
the environment or be emitted into the air or discharged into any waters,
including groundwaters.
r
"Disposal facility" means a facility or part of a facility at which hazardous
waste is intentionally placed into or on any land or water and at which waste
will remain after closure. The term disposal facility does not include a
corrective action management unit (CAMU) into which remediation wastes are
placed.
"Drip pad" means an engineered structure consisting of a curbed, free-draining
base, constructed of non-earthen materials and designed to convey preservative
kick-back or drippage from treated wood, precipitation and surface water runon
to an associated collection system at wood preserving plants.
"Elementary neutralization unit" means a device of which the following is true:
It is used for neutralizing wastes that are hazardous only because they exhibit
the corrosivity characteristic defined in 35 Ill. Adm. Code 721.122 or which are
listed in Subpart D of 35 Ill. Adm. Code 721 only for this reason; and
It meets the definition of tank, tank system, container, transport vehicle, or
vessel in this Section.
"EPA hazardous waste number" or "USEPA hazardous waste number" means the number
assigned by USEPA to each hazardous waste listed in Subpart D of 35 Ill. Adm.
Code 721 and to each characteristic identified in Subpart C of 35 Ill. Adm. Code
721.
"EPA identification number" or "USEPA identification number" means the number
assigned by USEPA pursuant to 35 Ill. Adm. Code 722 through 725 to each
generator; transporter; and treatment, storage, or disposal facility.
"EPA region" or "USEPA region" means the states and territories found in any one
of the following ten regions:
Region I: Maine, Vermont, New Hampshire, Massachusetts, Connecticut, and Rhode
Island.
Region II: New York, New Jersey, Commonwealth of Puerto Rico, and the U.S.
Virgin Islands.
Region III: Pennsylvania, Delaware, Maryland, West Virginia, Virginia, and the
District of Columbia.
Region IV: Kentucky, Tennessee, North Carolina, Mississippi, Alabama, Georgia,
South Carolina, and Florida.
Region V: Minnesota, Wisconsin, Illinois, Michigan, Indiana, and Ohio.
Region VI: New Mexico, Oklahoma, Arkansas, Louisiana, and Texas.
Region VII: Nebraska, Kansas, Missouri, and Iowa.
Region VIII: Montana, Wyoming, North Dakota, South Dakota, Utah, and Colorado.
Region IX: California, Nevada, Arizona, Hawaii, Guam, American Samoa, and
Commonwealth of the Northern Mariana Islands.
Region X: Washington, Oregon, Idaho, and Alaska.
"Equivalent method" means any testing or analytical method approved by the Board
pursuant to Section 720.120.
"Existing hazardous waste management (HWM) facility" or "existing facility"
means a facility that was in operation or for which construction commenced on or
before Nov.November 19, 1980. A facility had commenced construction if the
owner or operator had obtained the federal, State, and local approvals or
permits necessary to begin physical construction and either of the following had
occurred:
A continuous on-site, physical construction program had begun; or
The owner or operator had entered into contractual obligations that could not be
canceled or modified without substantial loss for physical construction of the
facility to be completed within a reasonable time.
"Existing portion" means that land surface area of an existing waste management
unit, included in the original Part
A
permit application, on which wastes have
been placed prior to the issuance of a permit.
"Existing tank system" or "existing component" means a tank system or component
that is used for the storage or treatment of hazardous waste and which was in
operation, or for which installation was commenced, on or prior to July 14,
1986. Installation will be considered to have commenced if the owner or
operator has obtained all federal, State, and local approvals or permits
necessary to begin physical construction of the site or installation of the tank
system and if either of the following is true:
A continuous on-site physical construction or installation program has begun; or
The owner or operator has entered into contractual obligations that cannot be
canceled or modified without substantial loss for physical construction of the
site or installation of the tank system to be completed within a reasonable
time.
"Explosives or munitions emergency" means a situation involving the suspected or
detected presence of unexploded ordnance (UXO), damaged or deteriorated
explosives or munitions, an improvised explosive device (IED), other potentially
explosive material or device, or other potentially harmful military chemical
munitions or device, that creates an actual or potential imminent threat to
human health, including safety, or the environment, including property, as
determined by an explosives or munitions emergency response specialist. Such
situations may require immediate and expeditious action by an explosives or
munitions emergency response specialist to control, mitigate, or eliminate the
threat.
"Explosives or munitions emergency response" means all immediate response
activities by an explosives and munitions emergency response specialist to
control, mitigate, or eliminate the actual or potential threat encountered
during an explosives or munitions emergency. An explosives or munitions
emergency response may include in-place render-safe procedures, treatment, or
destruction of the explosives or munitions or transporting those items to
another location to be rendered safe, treated, or destroyed. Any reasonable
delay in the completion of an explosives or munitions emergency response caused
by a necessary, unforeseen, or uncontrollable circumstance will not terminate
the explosives or munitions emergency. Explosives and munitions emergency
4
responses can occur on either public or private lands and are not limited to
responses at RCRA facilities.
"Explosives or munitions emergency response specialist" means an individual
trained in chemical or conventional munitions or explosives handling,
transportation, render-safe procedures, or destruction techniques. Explosives
or munitions emergency response specialists include United States Department of
Defense (USDOD) emergency explosive ordnance disposal (EOD), technical escort
unit (TEU), and USDOD-certified civilian or contractor personnel and other
federal, State, or local government or civilian personnel who are similarly
trained in explosives or munitions emergency responses.
"Facility" means the following:
All contiguous land and structures, other appurtenances, and improvements on the
land used for treating, storing, or disposing of hazardous waste. A facility
may consist of several treatment, storage, or disposal operational units (e.g.,
one or more landfills, surface impoundments, or combinations of them).
For the purpose of implementing corrective action pursuant to 35 Ill. Adm. Code
724.201 or 35 Ill. Adm. Code 727.201, all contiguous property under the control
of the owner or operator seeking a permit under Subtitle C of RCRA. This
definition also applies to facilities implementing corrective action pursuant to
RCRA section 3008(h).
Notwithstanding the immediately-preceding paragraph of this definition, a
remediation waste management site is not a facility that is subject to 35 Ill.
Adm. Code 724.201, but a facility that is subject to corrective action
requirements if the site is located within such a facility.
"Federal agency" means any department, agency, or other instrumentality of the
federal government, any independent agency or establishment of the federal
government, including any government corporation and the Government Printing
Office.
"Federal, State, and local approvals or permits necessary to begin physical
construction" means permits and approvals required under federal, State, or
local hazardous waste control statutes, regulations, or ordinances.
"Final closure" means the closure of all hazardous waste management units at the
facility in accordance with all applicable closure requirements so that
hazardous waste management activities pursuant to 35 Ill. Adm. Code 724 and 725
are no longer conducted at the facility unless subject to the provisions of 35
Ill. Adm. Code 722.134.
"Food-chain crops" means tobacco, crops grown for human consumption, and crops
grown for feed for animals whose products are consumed by humans.
"Freeboard" means the vertical distance between the top of a tank or surface
impoundment dike and the surface of the waste contained therein.
"Free liquids" means liquids that readily separate from the solid portion of a
waste under ambient temperature and pressure.
"Generator" means any person, by site, whose act or process produces hazardous
waste identified or listed in 35 Ill. Adm. Code 721 or whose act first causes a
hazardous waste to become subject to regulation.
"Groundwater" means water below the land surface in a zone of saturation.
"Hazardous waste" means a hazardous waste as defined in 35 Ill. Adm. Code
721.103.
"Hazardous waste constituent" means a constituent that caused the hazardous
waste to be listed in Subpart D of 35 Ill. Adm. Code 721, or a constituent
listed in 35 Ill. Adm. Code 721.124.
"Hazardous waste management unit" is a contiguous area of land on or in which
hazardous waste is placed, or the largest area in which there is significant
likelihood of mixing hazardous waste constituents in the same area. Examples of
hazardous waste management units include a surface impoundment, a waste pile, a
land treatment area, a landfill cell, an incinerator, a tank and its associated
piping and underlying containment system, and a container storage area. A
container alone does not constitute a unit; the unit includes containers, and
the land or pad upon which they are placed.
"Inactive portion" means that portion of a facility that is not operated after
Nevklovember 19, 1980. (See also "active portion" and "closed portion.")
"Incinerator" means any enclosed device of which the following is true:
The facility uses controlled flame combustion, and both of the following are
true of the facility:
The facility does not meet the criteria for classification as a boiler, sludge
dryer, or carbon regeneration unit, nor
The facility is not listed as an industrial furnace; or
The facility meets the definition of infrared incinerator or plasma arc
incinerator.
"Incompatible waste" means a hazardous waste that is unsuitable for the
following:
Placement in a particular device or facility because it may cause corrosion or
decay of containment materials (e.g., container inner liners or tank walls); or
Commingling with another waste or material under uncontrolled conditions because
the commingling might produce heat or pressure, fire, or explosion, violent
reaction, toxic dusts, mists, fumes or gases, or flammable fumes or gases.
(See Appendix E to 35 Ill. Adm. Code 724 and Appendix E to 35 Ill. Adm. Code 725
for references that list examples.)
"Industrial furnace" means any of the following enclosed devices that are
integral components of manufacturing processes and that use thermal treatment to
accomplish recovery of materials or energy:
Cement kilns;
Lime kilns;
Aggregate kilns;
Phosphate kilns;
Coke ovens;
Blast furnaces;
Smelting, melting and refining furnaces (including pyrometallurgical devices
such as cupolas, reverberator furnaces, sintering machines, roasters, and
foundry furnaces);
Titanium dioxide chloride process oxidation reactors;
Methane reforming furnaces;
Pulping liquor recovery furnaces;
Combustion devices used in the recovery of sulfur values from spent sulfuric
acid;
Halogen acid furnaces (HAFs) for the production of acid from halogenated
hazardous waste generated by chemical production facilities where the furnace is
located on the site of a chemical production facility, the acid product has a
halogen acid content of at least three percent, the acid product is used in a
manufacturing process, and, except for hazardous waste burned as fuel, hazardous
waste fed to the furnace has a minimum halogen content of 20 percent, as
generated; and
Any other such device as the Agency determines to be an industrial furnace on
the basis of one or more of the following factors:
The design and use of the device primarily to accomplish recovery of material
products;
The use of the device to burn or reduce raw materials to make a material
product;
The use of the device to burn or reduce secondary materials as effective
substitutes for raw materials, in processes using raw materials as principal
feedstocks;
The use of the device to burn or reduce secondary materials as ingredients in an
industrial process to make a material product;
The use of the device in common industrial practice to produce a material
product; and
Other relevant factors.
"Individual generation site" means the contiguous site at or on which one or
more hazardous wastes are generated. An individual generation site, such as a
large manufacturing plant, may have one or more sources of hazardous waste but
is considered a single or individual generation site if the site or property is
contiguous.
"Infrared incinerator" means any enclosed device that uses electric powered
resistance heaters as a source of radiant heat followed by an afterburner using
controlled flame combustion and which is not listed as an industrial furnace.
"Inground tank" means a device meeting the definition of tank whereby a portion
of the tank wall is situated to any degree within the ground, thereby preventing
visual inspection of that external surface area of the tank that is in the
ground.
"In operation" refers to a facility that is treating, storing, or disposing of
hazardous waste.
"Injection well" means a well into which fluids are being injected. (See also
"underground injection.")
"Inner liner" means a continuous layer of material placed inside a tank or
container that protects the construction materials of the tank or container from
the contained waste or reagents used to treat the waste.
"Installation inspector" means a person who, by reason of knowledge of the
physical sciences and the principles of engineering, acquired by a professional
education and related practical experience, is qualified to supervise the
installation of tank systems.
"International shipment" means the transportation of hazardous waste into or out
of the jurisdiction of the United States.
"Lamp" or "universal waste lamp" means the bulb or tube portion of an electric
lighting device. A lamp is specifically designed to produce radiant energy,
most often in the ultraviolet, visible, or infrared regions of the
electromagnetic spectrum. Examples of common universal waste lamps include, but
are not limited to, fluorescent, high intensity discharge, neon, mercury vapor,
high-pressure sodium, and metal halide lamps.
"Land treatment facility" means a facility or part of a facility at which
hazardous waste is applied onto or incorporated into the soil surface; such
facilities are disposal facilities if the waste will remain after closure.
"Landfill" means a disposal facility or part of a facility where hazardous waste
is placed in or on land and which is not a pile, a land treatment facility, a
surface impoundment, an underground injection well, a salt dome formation, a
salt bed formation, an underground mine, a cave, or a corrective action
management unit (CAMU).
"Landfill cell" means a discrete volume of a hazardous waste landfill that uses
a liner to provide isolation of wastes from adjacent cells or wastes. Examples
of landfill cells are trenches and pits.
"LDS" means leak detection system.
"Leachate" means any liquid, including any suspended components in the liquid,
that has percolated through or drained from hazardous waste.
"Liner" means a continuous layer of natural or manmade materials beneath or on
the sides of a surface impoundment, landfill, or landfill cell that restricts
the downward or lateral escape of hazardous waste, hazardous waste constituents,
or leachate.
"Leak-detection system" means a system capable of detecting the failure of
either the primary or secondary containment structure or the presence of a
release of hazardous waste or accumulated liquid in the secondary containment
structure. Such a system must employ operational controls (e.g., daily visual
inspections for releases into the secondary containment system of aboveground
tanks) or consist of an interstitial monitoring device designed to detect
continuously and automatically the failure of the primary or secondary
containment structure or the presence of a release of hazardous waste into the
secondary containment structure.
"Management" or "hazardous waste management" means the systematic control of the
collection, source separation, storage, transportation, processing, treatment,
recovery, and disposal of hazardous waste.
"Manifest" means the shipping document USEPA Form 8700-22 (including, if
necessary, USEPA Form 8700-22A) originated and signed by the generator or
offeror that contains the information required by Subpart B of 35 Ill. Adm. Code
722 and the applicable requirements of 35 Ill. Adm. Code 722 through 727.
identification number assigned to the generator plus a unique five digit
document number a-,,igned to the manifest by the generator for recording and
rep rting purposes.
"Manifest tracking number" means, effective Sept. 5, 2006, the alphanumeric
identification number (i.e., a unique three letter suffix preceded by nine
numerical digits) that is pre-printed in Item 4 of the manifest by a registered
source.
"Mercury-containing equipment" means a device or part of a device (including
thermostats, but excluding batteries and lamps) that contains elemental mercury
integral to its function.
"Military munitions" means all ammunition products and components produced or
used by or for the United States Department of Defense or the United States
Armed Services for national defense and security, including military munitions
under the control of the United States Department of Defense (USDOD), the United
States Coast Guard, the United States Department of Energy (USDOE), and National
Guard personnel. The term military munitions includes: confined gaseous,
liquid, and solid propellants, explosives, pyrotechnics, chemical and riot
control agents, smokes, and incendiaries used by USDOD components, including
bulk explosives and chemical warfare agents, chemical munitions, rockets, guided
and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition,
small arms ammunition, grenades, mines, torpedoes, depth charges, cluster
munitions and dispensers, demolition charges, and devices and components of
these items and devices. Military munitions do not include wholly inert items,
improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear
components of these items and devices. However, the term does include non-
nuclear components of nuclear devices, managed under USDOE's nuclear weapons
program after all sanitization operations required under the Atomic Energy Act
of 1954 (42 USC 2014 et seq.), as amended, have been completed.
"Mining overburden returned to the mine site" means any material overlying an
economic mineral deposit that is removed to gain access to that deposit and is
then used for reclamation of a surface mine.
"Miscellaneous unit" means a hazardous waste management unit where hazardous
waste is treated, stored, or disposed of and that is not a container; tank;
surface impoundment; pile; land treatment unit; landfill; incinerator; boiler;
industrial furnace; underground injection well with appropriate technical
standards pursuant to 35 Ill. Adm. Code 730; containment building; corrective
action management unit (CAMU); unit eligible for a research, development, and
demonstration permit pursuant to 35 Ill. Adm. Code 703.231; or staging pile.
"Movement" means hazardous waste that is transported to a facility in an
individual vehicle.
"New hazardous waste management facility" or "new facility" means a facility
that began operation, or for which construction commenced after Nev-November 19,
1980. (See also "Existing hazardous waste management facility.")
"New tank system" or "new tank component" means a tank system or component that
will be used for the storage or treatment of hazardous waste and for which
installation commenced after July 14, 1986; except, however, for purposes of 35
Ill. Adm. Code 724.293(g)(2) and 725.293(g)(2), a new tank system is one for
which construction commenced after July 14, 1986. (See also "existing tank
system.")
"Onground tank" means a device meeting the definition of tank that is situated
in such a way that the bottom of the tank is on the same level as the adjacent
surrounding surfaces so that the external tank bottom cannot be visually
inspected.
"On-site" means the same or geographically contiguous property that may be
divided by public or private right-of-way, provided the entrance and exit
between the properties is at a crossroads intersection and access is by crossing
as opposed to going along the right-of-way. Noncontiguous properties owned by
the same person but connected by a right-of-way that the owner controls and to
which the public does not have access is also considered on-site property.
"Open burning" means the combustion of any material without the following
characteristics:
Control of combustion air to maintain adequate temperature for efficient
combustion;
Containment of the combustion reaction in an enclosed device to provide
sufficient residence time and mixing for complete combustion; and
Control of emission of the gaseous combustion products.
(See also "incineration" and "thermal treatment.")
"Operator" means the person responsible for the overall operation of a facility.
"Owner" means the person that owns a facility or part of a facility.
"Partial closure" means the closure of a hazardous waste management unit in
accordance with the applicable closure requirements of 35 Ill. Adm. Code 724 or
725 at a facility that contains other active hazardous waste management units.
For example, partial closure may include the closure of a tank (including its
associated piping and underlying containment systems), landfill cell, surface
impoundment, waste pile, or other hazardous waste management unit, while other
units of the same facility continue to operate.
"Performance Track member facility" means a facility that has been accepted by
USEPA for membership in the National Environmental Performance Track Program
(Program) and which is still a member of that Program. The National
Environmental Performance Track Program is a voluntary, facility-based, program
for top environmental performers. Program members must demonstrate a good
record of compliance- and past success in achieving environmental goals, and_
must commit to future specific quantified environmental goals, environmental
management systems, local community outreach, and annual reporting of measurable
results.
BOARD NOTE: The National Environmental Performance Track program is operated
exclusively by USEPA. USEPA established the program in 2000 (see 65 Fed. Reg.
41655 (July 6, 2000)) and amended it in 2004 (see 69 Fed. Reg. 27922 (May 17,
2004)). USEPA confers membership in the program on application of interested
and eligible entities. Information about the program is available from a
website maintained by USEPA: www.epa.gov/ performancetrack.
"Person" means an individual, trust, firm, joint stock company, federal agency,
corporation (including a government corporation), partnership, association,
state, municipality, commission, political subdivision of a state, or any
interstate body.
"Personnel" or "facility personnel" means all persons who work at or oversee the
operations of a hazardous waste facility and whose actions or failure to act may
result in noncompliance with 35 Ill. Adm. Code 724 or 725.
"Pesticide" means any substance or mixture of substances intended for
preventing, destroying, repelling, or mitigating any pest or intended for use as
a plant regulator, defoliant, or desiccant, other than any article that fulfills
one of the following descriptions:
It is a new animal drug under section 201(v) of the Federal Food, Drug and
Cosmetic Act (FFDCA; 21 USC 321(v)), incorporated by reference in Section
720.111(c);
It is an animal drug that has been determined by regulation of the federal
Secretary of Health and Human Services pursuant to FFDCA section 512 (21 USC
360b), incorporated by reference in Section 720.111(c), to be an exempted new
animal drug; or
It is an animal feed under FFDCA section 201(w) (21 USC 321(w)), incorporated by
reference in Section 720.111(c), that bears or contains any substances described
in either of the two preceding paragraphs of this definition.
BOARD NOTE: The second exception of corresponding 40 CFR 260.10 reads as
follows: "Is an animal drug that has been determined by regulation of the
Secretary of Health and Human Services not to be a new animal drug." This is
very similar to the language of section 2(u) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA; 7 USC 136(u)). The three exceptions,
taken together, appear intended not to include as pesticide any material within
the scope of federal Food and Drug Administration regulation. The Board
codified this provision with the intent of retaining the same meaning as its
federal counterpart while adding the definiteness required under Illinois law.
"Pile" means any noncontainerized accumulation of solid, non-flowing hazardous
waste that is used for treatment or storage, and that is not a containment
building.
"Plasma arc incinerator" means any enclosed device that uses a high intensity
electrical discharge or arc as a source of heat followed by an afterburner using
controlled flame combustion and which is not listed as an industrial furnace.
"Point source" means any discernible, confined, and discrete conveyance,
including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, container, rolling stock, concentrated animal feeding
operation, or vessel or other floating craft from which pollutants are or may be
discharged. This term does not include return flows from irrigated agriculture.
"Publicly owned treatment works" or "POTW" is as defined in 35 Ill. Adm. Code
310.110.
"Qualified groundwater scientist" means a scientist or engineer who has received
a baccalaureate or postgraduate degree in the natural sciences or engineering,
and has sufficient training and experience in groundwater hydrology and related
fields, as demonstrated by state registration, professional certifications, or
completion of accredited university courses that enable the individual to make
sound professional judgments regarding groundwater monitoring and contaminant
rate and transport.
BOARD NOTE: State registration includes, but is not limited to, registration as
a professional engineer with the Department of Professional Regulation, pursuant
to 225 ILCS 325 and 68 Ill. Adm. Code 1380. Professional certification
includes, but is not limited to, certification under the certified groundwater
professional program of the National Ground Water Association.
"RCRA" means the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act of 1976, as amended (42 USC 6901 et seq.).
"RCRA standardized permit" means a RCRA permit issued pursuant to Subpart J of
35 Ill. Adm. Code 703 and Subpart G of 35 Ill. Adm. Code 702 that authorizes
management of hazardous waste. The RCRA standardized permit may have two parts:
a uniform portion issued in all cases and a supplemental portion issued at the
discretion of the Agency.
"Regional Administrator" means the Regional Administrator for the USEPA region
in which the facility is located or the Regional Administrator's designee.
"Remediation waste" means all solid and hazardous wastes, and all media
(including groundwater, surface water, soils, and sediments) and debris that are
managed for implementing cleanup.
"Remediation waste management site" means a facility where an owner or operator
is or will be treating, storing, or disposing of hazardous remediation wastes.
A remediation waste management site is not a facility that is subject to
corrective action pursuant to 35 Ill. Adm. Code 724.201, but a remediation waste
management site is subject to corrective action requirements if the site is
located in such a facility.
"Replacement unit" means a landfill, surface impoundment, or waste pile unit
from which all or substantially all of the waste is removed, and which is
subsequently reused to treat, store, or dispose of hazardous waste. Replacement
unit does not include a unit from which waste is removed during closure, if the
subsequent reuse solely involves the disposal of waste from that unit and other
closing units or corrective action areas at the facility, in accordance with a
closure or corrective action plan approved by USEPA or the Agency.
"Representative sample" means a sample of a universe or whole (e.g., waste pile,
lagoon, groundwater) that can be expected to exhibit the average properties of
the universe or whole.
"Runoff" means any rainwater, leachate, or other liquid that drains over land
from any part of a facility.
"Runon" means any rainwater, leachate, or other liquid that drains over land
onto any part of a facility.
"Saturated zone" or "zone of saturation" means that part of the earth's crust in
which all voids are filled with water.
"SIC code" means "Standard Industrial Classification code," as assigned to a
site by the United States Department of Transportation, Federal Highway
Administration, based on the particular activities that occur on the site, as
set forth in its publication "Standard Industrial Classification Manual,"
incorporated by reference in Section 720.111(a).
"Sludge" means any solid, semi-solid, or liquid waste generated from a
municipal, commercial, or industrial wastewater treatment plant, water supply
treatment plant, or air pollution control facility, exclusive of the treated
effluent from a wastewater treatment plant.
"Sludge dryer" means any enclosed thermal treatment device that is used to
dehydrate sludge and which has a total thermal input, excluding the heating
value of the sludge itself, of 2,500 Btu/lb or less of sludge treated on a wet-
weight basis.
"Small quantity generator" means a generator that generates less than 1,000 kg
of hazardous waste in a calendar month.
"Solid waste" means a solid waste as defined in 35 Ill. Adm. Code 721.102.
"Sorbent" means a material that is used to soak up free liquids by either
adsorption or absorption, or both. "Sorb" means to either adsorb or absorb, or
both.
"Staging pile" means an accumulation of solid, non-flowing "remediation waste"
(as defined in this Section) that is not a containment building and that is used
only during remedial operations for temporary storage at a facility. Staging
piles must be designated by the Agency according to 35 M. Adm. Code 724.654.
"State" means any of the several states, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
"Storage" means the holding of hazardous waste for a temporary period, at the
end of which the hazardous waste is treated, disposed of, or stored elsewhere.
"Sump" means any pit or reservoir that meets the definition of tank and those
troughs or trenches connected to it that serve to collect hazardous waste for
transport to hazardous waste storage, treatment, or disposal facilities; except
that, as used in the landfill, surface impoundment, and waste pile rules, sump
means any lined pit or reservoir that serves to collect liquids drained from a
leachate collection and removal system or leak detection system for subsequent
removal from the system.
"Surface impoundment" or "impoundment" means a facility or part of a facility
that is a natural topographic depression, manmade excavation, or diked area
formed primarily of earthen materials (although it may be lined with manmade
materials) that is designed to hold an accumulation of liquid wastes or wastes
containing free liquids and which is not an injection well. Examples of surface
impoundments are holding, storage, settling and aeration pits, ponds, and
lagoons.
"Tank" means a stationary device, designed to contain an accumulation of
hazardous waste that is constructed primarily of nonearthen materials (e.g.,
wood, concrete, steel, plastic) that provide structural support.
"Tank system" means a hazardous waste storage or treatment tank and its
associated ancillary equipment and containment system.
"TEQ" means toxicity equivalence, the international method of relating the
toxicity of various dioxin and furan congeners to the toxicity of 2,3,7,8-
tetra-chlorodibenzo-p-dioxin.
"Thermal treatment" means the treatment of hazardous waste in a device that uses
elevated temperatures as the primary means to change the chemical, physical, or
biological character or composition of the hazardous waste. Examples of thermal
treatment processes are incineration, molten salt, pyrolysis, calcination, wet
air oxidation, and microwave discharge. (See also "incinerator" and "open
burning.")
"Thermostat" means a temperature control device that contains metallic mercury
in an ampule attached to a bimetal sensing element and mercury-containing
ampules that have been removed from such a temperature control device in
compliance with 35 Ill. Adm. Code 733.113(c)(2) or 733.133(c)(2).
"Totally enclosed treatment facility" means a facility for the treatment of
hazardous waste that is directly connected to an industrial production process
and which is constructed and operated in a manner that prevents the release of
any hazardous waste or any constituent thereof into the environment during
treatment. An example is a pipe in which waste acid is neutralized.
"Transfer facility" means any transportation related facility, including loading
docks, parking areas, storage areas, and other similar areas where shipments of
hazardous waste are held during the normal course of transportation.
"Transport vehicle" means a motor vehicle or rail car used for the
transportation of cargo by any mode. Each cargo-carrying body (trailer,
railroad freight car, etc.) is a separate transport vehicle.
"Transportation" means the movement of hazardous waste by air, rail, highway, or
water.
"Transporter" means a person engaged in the off-site transportation of hazardous
waste by air, rail, highway, or water.
"Treatability study" means the following:
A study in which a hazardous waste is subjected to a treatment process to
determine the following:
Whether the waste is amenable to the treatment process;
What pretreatment (if any) is required;
The optimal process conditions needed to achieve the desired treatment;
The efficiency of a treatment process for a specific waste or wastes; and
The characteristics and volumes of residuals from a particular treatment
process;
Also included in this definition for the purpose of 35 Ill. Adm. Code 721.104(e)
and (f) exemptions are liner compatibility, corrosion and other material
compatibility studies, and toxicological and health effects studies. A
treatability study is not a means to commercially treat or dispose of hazardous
waste.
"Treatment" means any method, technique, or process, including neutralization,
designed to change the physical, chemical, or biological character or
composition of any hazardous waste so as to neutralize the waste, recover energy
or material resources from the waste, or render the waste non-hazardous or less
hazardous; safer to transport, store, or dispose of; or amenable for recovery,
amenable for storage, or reduced in volume.
"Treatment zone" means a soil area of the unsaturated zone of a land treatment
unit within which hazardous constituents are degraded, transformed, or
immobilized.
"Underground injection" means the subsurface emplacement of fluids through a
bored, drilled, or driven well or through a dug well, where the depth of the dug
well is greater than the largest surface dimension. (See also "injection
well.")
"Underground tank" means a device meeting the definition of tank whose entire
surface area is totally below the surface of and covered by the ground.
"Unfit-for-use tank system" means a tank system that has been determined,
through an integrity assessment or other inspection, to be no longer capable of
storing or treating hazardous waste without posing a threat of release of
hazardous waste to the environment.
"United States" means the 50 states, the District of Columbia, the Commonwealth
of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
"Universal waste" means any of the following hazardous wastes that are managed
pursuant to the universal waste requirements of 35 Ill. Adm. Code 733:
Batteries, as described in 35 Ill. Adm. Code 733.102;
Pesticides, as described in 35 Ill. Adm. Code 733.103;
Mercury-containing equipment, as described in 35 Ill. Adm. Code 733.104; and
Lamps, as described in 35 Ill. Adm. Code 733.105.
"Universal waste handler" means either of the following:
A generator (as defined in this Section) of universal waste; or
The owner or operator of a facility, including all contiguous property, that
receives universal waste from other universal waste handlers, accumulates the
universal waste, and sends that universal waste to another universal waste
handler, to a destination facility, or to a foreign destination.
"Universal waste handler" does not mean either of the following:
A person that treats (except under the provisions of Section 733.113(a) or (c)
or 733.133(a) or (c)), disposes of, or recycles universal waste; or
A person engaged in the off-site transportation of universal waste by air, rail,
highway, or water, including a universal waste transfer facility.
"Universal waste transporter" means a person engaged in the off-site
transportation of universal waste by air, rail, highway, or water.
"Unsaturated zone" or "zone of aeration" means the zone between the land surface
and the water table.
"Uppermost aquifer" means the geologic formation nearest the natural ground
surface that is an aquifer, as well as lower aquifers that are hydraulically
interconnected with this aquifer within the facility's property boundary.
"USDOT" or "Department of Transportation" means the United States Department of
Transportation.
"Used oil" means any oil that has been refined from crude oil, or any synthetic
oil, that has been used and as a result of such use is contaminated by physical
or chemical impurities.
"USEPA" or "EPA" means the United States Environmental Protection Agency.
"Vessel" includes every description of watercraft used or capable of being used
as a means of transportation on the water.
"Wastewater treatment unit" means a device of which the following is true:
It is part of a wastewater treatment facility that has an NPDES permit pursuant
to 35 Ill. Adm. Code 309 or a pretreatment permit or authorization to discharge
pursuant to 35 Ill. Adm. Code 310;
It receives and treats or stores an influent wastewater that is a hazardous
waste as defined in 35 Ill. Adm. Code 721.103, or generates and accumulates a
wastewater treatment sludge that is a hazardous waste as defined in 35 Ill. Adm.
Code 721.103, or treats or stores a wastewater treatment sludge that is a
hazardous waste as defined in 35 Ill. Adm. Code 721.103; and
It meets the definition of tank or tank system in this Section.
"Water (bulk shipment)" means the bulk transportation of hazardous waste that is
loaded or carried on board a vessel without containers or labels.
"Well" means any shaft or pit dug or bored into the earth, generally of a
cylindrical form, and often walled with bricks or tubing to prevent the earth
from caving in.
"Well injection" (See "underground injection.")
"Zone of engineering control" means an area under the control of the owner or
operator that, upon detection of a hazardous waste release, can be readily
cleaned up prior to the release of hazardous waste or hazardous constituents to
groundwater or surface water.
(Source: Amended at 32 Ill. Reg.
?
?
, effective ?
Section 720.111?
References
The following documents are incorporated by reference for the purposes of this
Part and 35 Ill. Adm. Code 702 through 705, 721 through 728, 730, 733, 738, and
739:
a)?
Non-Regulatory Government Publications and Publications of Recognized
Organizations and Associations:
ACI. Available from the American Concrete Institute, Box 19150, Redford
Station, Detroit, Michigan 48219:
ACI 318-83: "Building Code Requirements for Reinforced Concrete," adopted
Scpt.September 1983, referenced in 35 Ill. Adm. Code 724.673 and 725.543.
ANSI. Available from the American National Standards Institute, 1430 Broadway,
New York, New York 10018, 212-354-3300:
See ASME/ANSI B31.3 and B31.4 and supplements below in this subsection (a) under
ASME.
API. Available from the American Petroleum Institute, 1220 L Street, N.W.,
Washington, D.C. 20005, 202-682-8000:
"Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems,"
API Recommended Practice 1632, Second Edition, December 1987, referenced in 35
Ill. Adm. Code 724.292, 724.295, 725.292, and 725.295.
"Evaporative Loss from External Floating-Roof Tanks," API publication 2517,
Third Edition, February 1989, USEPA-approved for 35 Ill. Adm. Code 725.984.
"Guide for Inspection of Refinery Equipment," Chapter XIII, "Atmospheric and Low
Pressure Storage Tanks," 4th Edition, 1981, reaffirmed December 1987, referenced
in 35 Ill. Adm. Code 724.291, 724.293, 725.291, and 725.292.
"Installation of Underground Petroleum Storage Systems," API Recommended
Practice 1615, Fourth Edition, Nov.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.
ASTM D 420-69, "Guide to Site Characterization for Engineering, Design, and
Construction Purposes," approved 1969, referenced in Appendix A to 35 Ill. Adm.
Code 721.
ASTM D 1452-65, "Standard Practice for Soil Investigation and Sampling by Auger
Borings," approved 1965, referenced in Appendix A to 35 Ill. Adm. Code 721.
ASTM D 1946-90, "Standard Practice for Analysis of Reformed Gas by Gas
Chromatography," approved March 30, 1990, USEPA-approved for 35 Ill. Adm. Code
724.933 and 725.933.
ASTM D 2161-87, "Standard Practice for Conversion of Kinematic Viscosity to
Saybolt Universal or to Saybolt Furol Viscosity," March 27, 1987, referenced in
35 Ill. Adm. Code 726.200.
ASTM D 2234-76, "Standard Practice for Collection of a Gross Sample of Coal,"
approved 1976, referenced in Appendix A to 35 Ill. Adm. Code 721.
ASTM D 2267-88, "Standard Test Method for Aromatics in Light Naphthas and
Aviation Gasolines by Gas Chromatography," approved Nev-November 17, 1988,
USEPA-approved for 35 Ill. Adm. Code 724.963.
ASTM D 2382-88, "Standard Test Method for Heat of Combustion of Hydrocarbon
Fuels by Bomb Calorimeter (High Precision Method)," approved October 31, 1988,
USEPA-approved for 35 Ill. Adm. Code 724.933 and 725.933.
ASTM D 2879-92, "Standard Test Method for Vapor Pressure-Temperature
Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope,"
approved 1992, USEPA-approved for 35 Ill. Adm. Code 725.984, referenced in 35
Ill. Adm. Code 724.963 and 725.963.
ASTM D 3828-87, "Standard Test Methods for Flash Point of Liquids by Setaflash
Closed Tester," approved December 14, 1988, USEPA-approved for 35 Ill. Adm. Code
721.121(a).
ASTM E 168-88, "Standard Practices for General Techniques of Infrared
Quantitative Analysis," approved May 27, 1988, USEPA-approved for 35 Ill. Adm.
Code 724.963.
ASTM E 169-87, "Standard Practices for General Techniques of Ultraviolet-Visible
Quantitative Analysis," approved February 1, 1987, USEPA-approved for 35 Ill.
Adm. Code 724.963.
ASTM E 260-85, "Standard Practice for Packed Column Gas Chromatography,"
approved June 28, 1985, USEPA-approved for 35 Ill. Adm. Code 724.963.
ASTM G 21-70 (1984a), "Standard Practice for Determining Resistance of Synthetic
Polymer Materials to Fungi,-", referenced in 35 Ill. Adm. Code 724.414 and
725.414.
ASTM G 22-76 (1984b), "Standard Practice for Determining Resistance of Plastics
to Bacteria", referenced in 35 Ill. Adm. Code 724.414 and 725.414.
GPO. Available from the Superintendent of Documents, U.S. Government Printing
Office, Washington, D.C. 20402, 202-512-1800:
Standard Industrial Classification Manual (1972), and 1977 Supplement,
republished in 1983, referenced in 35 Ill. Adm. Code 702.110 and Section
720.110.
"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," USEPA
publication number EPA-530/SW-846 (Third Edition, Nov.November 1986), as amended
by Updates I (July 1992), II (Ccpt.September 1994), IIA (August, 1993), IIB
(January 1995), III (December 1996), IIIA (April 1998), and IIIB (Nov November
2004) (document number 955-001-00000-1). See below in this subsection (a) under
NTIS.
NACE. Available from the National Association of Corrosion Engineers, 1400
South Creek Dr., Houston, TX 77084, 713-492-0535:
"Control of External Corrosion on Metallic Buried, Partially Buried, or
Submerged Liquid Storage Systems," NACE Recommended Practice RP0285-85, approved
March 1985, referenced in 35 Ill. Adm. Code 724.292, 724.295, 725.292, and
725.295.
NFPA. Available from the National Fire Protection Association, 1 Batterymarch
Park, Boston, MA 02269, 617-770-3000 or 800-344-3555:
"Flammable and Combustible Liquids Code," NFPA 30, issued July 18, 2003, as
supplemented by TIA 03-1, issued July 15, 2004, and corrected by Errata 30-03-
01, issued August 13, 2004, USEPA-approved for 35 Ill. Adm. Code 724.298,
725.298, and 727.290, referenced in 35 Ill. Adm. Code 725.301 and 726.211.
NTIS. Available from the U.S. Department of Commerce, National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161, 703-605-6000
or 800-553-6847 (Internet address: www.ntis.gov):
"APTI Course 415: Control of Gaseous Emissions," December 1981, USEPA
publication number EPA-450/2-81-005, NTIS document number PB80-208895, USEPA-
approved for 35 Ill. Adm. Code 703.210, 703.211, 703.352, 724.935, and 725.935.
BOARD NOTE: "APTI" denotes USEPA's "Air Pollution Training Institute" (Internet
address: www.epa.gov/air/oaqps/eog/).
"Generic Quality Assurance Project Plan for Land Disposal Restrictions Program,"
USEPA publication number EPA-530/SW-87-011, March 15, 1987, NTIS document number
PB88-170766, referenced in 35 Ill. Adm. Code 728.106.
"Method 1664, Revision A, n-Hexane Extractable Material (HEM; Oil and Grease)
and Silica Gel Treated n-Hexane Extractable Material (SGT-HEM; Non-polar
Material) by Extraction and Gravimetry," USEPA publication number EPA-821/R-98-
002, NTIS document number PB99-121949, USEPA-approved for Appendix I to 35 Ill.
Adm. Code 721.
BOARD NOTE: EPA-821/R-98-002 is also available on the Internet for free
download as a PDF document from the USEPA website at:
www.epa.gov/waterscience/methods/16640514.pdf.
"Methods for Chemical Analysis of Water and Wastes," Third Edition, March 1983,
USEPA document number EPA-600/4-79-020, NTIS document number PB84-128677,
referenced in 35 Ill. Adm. Code 725.192.
BOARD NOTE: EPA– 600/4-79-020 is also available on the Internet as a
viewable/printable HTML document from the USEPA website at:
www.epa.gov/clariton/clhtml/pubtitleORD.html as document 600479002.
"Procedures Manual for Ground Water Monitoring at Solid Waste Disposal
Facilities," August 1977, EPA– 530/SW-611, NTIS document number PB84-174820,
referenced in 35 Ill. Adm. Code 725.192.
"Screening Procedures for Estimating the Air Quality Impact of Stationary
Sources," October 1992, USEPA publication number EPA– 454/R-92-019, NTIS
document number 93-219095, referenced in 35 Ill. Adm. Code 726.204 and 726.206.
BOARD NOTE: EPA-454/R-92-019 is also available on the Internet for free
download as a WordPerfect document from the USEPA website at the following
Internet address: www.epa.gov/scram001/guidance/guide/scrng.wpd.
"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," USEPA
publication number EPA-530/SW-846 (Third Edition, Nov.November 1986; Revision 6,
January 2005), as amended by Updates I (July 1992), II (Scpt.September 1994),
IIA (August 1993), IIB (January 1995), III (December 1996), IIIA (April 1998),
and IIIB (Nov.November 2004) (document number 955-001-00000-1), generally
referenced in Appendices A and I to 35 Ill. Adm. Code 721 and 35 Ill. Adm. Code
726.200, 726.206, 726.212, and 728.106 (in addition to the references cited
below for specific methods):
Method 0010 (Dcpt.September 1986) (Modified Method 5 Sampling Train), USEPA-
approved for Appendix I to 35 Ill. Adm. Code 721.
Method 0011 (December 1996) (Sampling for Selected Aldehyde and Ketone Emissions
from Stationary Sources), USEPA-approved for Appendix I to 35 Ill. Adm. Code 721
and for Appendix I to 35 Ill. Adm. Code 726.
Method 0020 (Scpt.September 1986) (Source Assessment Sampling System), USEPA-
approved for Appendix I to 35 Ill. Adm. Code 721.
Method 0023A (December 1996) (Sampling Method for Polychlorinated Dibenzo-p-
Dioxins and Polychlorinated Dibenzofuran Emissions from Stationary Sources),
USEPA-approved for Appendix I to 35 Ill. Adm. Code 721, Appendix I to 35 Ill.
Adm. Code 726, and 35 Ill. Adm. Code 726.204.
Method 0030 (Scpt.September 1986) (Volatile Organic Sampling Train), USEPA-
approved for Appendix I to 35 Ill. Adm. Code 721.
Method 0031 (December 1996) (Sampling Method for Volatile Organic Compounds
(SMVOC)), USEPA-approved for Appendix I to 35 Ill. Adm. Code 721.
Method 0040 (December 1996) (Sampling of Principal Organic Hazardous
Constituents from Combustion Sources Using Tedlar(r) Bags), USEPA-approved for
Appendix I to 35 Ill. Adm. Code 721.
Method 0050 (December 1996) (Isokinetic HC1/C12 Emission Sampling Train), USEPA-
approved for Appendix I to 35 Ill. Adm. Code 721, Appendix I to 35 Ill. Adm.
Code 726, and 35 Ill. Adm. Code 726.207.
Method 0051 (December 1996) (Midget Impinger HC1/C12 Emission Sampling Train),
USEPA-approved for Appendix I to 35 Ill. Adm. Code 721, Appendix I to 35 Ill.
Adm. Code 726, and 35
?
Adm. Code 726.207.
Method 0060 (December 1996) (Determination of Metals in Stack Emissions), USEPA-
approved for Appendix I to 35 Ill. Adm. Code 721, Appendix I to 35 Ill. Adm.
Code 726, and 35 Ill. Adm. Code 726.206.
Method 0061 (December 1996) (Determination of Hexavalent Chromium Emissions from
Stationary Sources), USEPA-approved for Appendix I to 35 Ill. Adm. Code 721, 35
Ill. Adm. Code 726.206, and Appendix I to 35 Ill. Adm. Code 726.
Method 1010A (Nov.November 2004) (Test Methods for Flash Point by Pensky-Martens
Closed Cup Tester), USEPA-approved for Appendix I to 35 Ill. Adm. Code 721.
Method 1020B (Nov.November 2004) (Standard Test Methods for Flash Point by
Setaflash (Small Scale) Closed-cup Apparatus), USEPA-approved for Appendix I to
35 Ill. Adm. Code 721.
Method 1110A (Nov.November 2004) (Corrosivity Toward Steel), USEPA-approved for
35 Ill. Adm. Code 721.122 and Appendix I to 35 Ill. Adm. Code 721.
Method 1310B (Nov November 2004) (Extraction Procedure (EP) Toxicity Test Method
and Structural Integrity Test), USEPA-approved for Appendix I to 35 Ill. Adm.
Code 721 and referenced in Appendix I to 35 Ill. Adm. Code 728.
Method 1311 (Scpt.September 1992) (Toxicity Characteristic Leaching Procedure),
USEPA-approved for Appendix I to 35 In. Adm. Code 721; for 35 Ill. Adm. Code
721.124, 728.107, and 728.140; and for Table T to 35 Ill. Adm. Code 728.
Method 1312 (Scpt.September 1994) (Synthetic Precipitation Leaching Procedure),
USEPA-approved for Appendix I to 35 Ill. Adm. Code 721.
Method 1320 (Scpt.September 1986) (Multiple Extraction Procedure), USEPA-
approved for Appendix I to 35 Ill. Adm. Code 721.
Method 1330A (Scpt.September 1992) (Extraction Procedure for Oily Wastes),
USEPA-approved for Appendix I to 35 Ill. Adm. Code 721.
Method 9010C (Nov.November 2004) (Total and Amenable Cyanide: Distillation),
USEPA-approved for Appendix I to 35 Ill. Adm. Code 721 and 35 Ill. Adm. Code
728.140, 728.144, and 728.148, referenced in Table H to 35 Ill. Adm. Code 728.
Method 9012B (Nov.November 2004) (Total and Amenable Cyanide (Automated
Colorimetric, with Off-Line Distillation)), USEPA-approved for Appendix I to 35
Ill. Adm. Code 721 and 35 Ill. Adm. Code 728.140, 728.144, and 728.148,
referenced in Table H to 35 Ill. Adm. Code 728.
Method 9040C (Nov.November 2004) (pH Electrometric Measurement), USEPA-approved
for 35 Ill. Adm. Code 721.122 and Appendix I to 35 Ill. Adm. Code 721.
Method 9045D (Nov.November 2004) (Soil and Waste pH), USEPA-approved for
Appendix I to 35 Ill. Adm. Code 721.
Method 9060A (Nov.November 2004) (Total Organic Carbon), USEPA-approved for
Appendix I to 35 Ill. Adm. Code 721 and 35 Ill. Adm. Code 724.934, 724.963,
725.934, and 725.963.
Method 9070A (Nov.November 2004) (n-Hexane Extractable Material (HEM) for
Aqueous Samples), USEPA-approved for Appendix I to 35 Ill. Adm. Code 721.
Method 9071B (April 1998) (n-Hexane Extractable Material (HEM) for Sludge,
Sediment, and Solid Samples), USEPA-approved for Appendix I to 35 Ill. Adm. Code
721.
Method 9095B (Nov.November 2004) (Paint Filter Liquids Test), USEPA-approved for
Appendix I to 35 Ill. Adm. Code 721 and 35 III. Adm. Code 724.290, 724.414,
725.290, 725.414, 725.981, 727.290, and 728.132.
BOARD NOTE: EPA-530/SW-846 is also available on the Internet for free download
in segments in PDF format from the USEPA website at: www.epa.gov/SW-846.
OECD. Organisation for Economic Co-operation and Development, Environment
Directorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, France (www.oecd.org),
also OECD Washington Center, 2001 L Street, NW, Suite 650, Washington, DC 20036-
4922, 202-785-6323 or 800-456-6323 (www.oecdwash.org):
OECD "Amber List of Wastes," Appendix 4 to the OECD Council Decision
C(92)39/Final (March 30, 1992, revised May 1993) (Concerning the Control of
Transfrontier Movements of Wastes Destined for Recovery Operations), USEPA-
approved for 35 Ill. Adm. Code 722.189, referenced in 35 Ill. Adm. Code 722.181.
OECD "Amber Tier," Section IV of the annex to the OECD Council Decision
C(92)39/Final (Concerning the Control of Transfrontier Movements of Wastes
Destined for Recovery Operations) (revised May 1993), referenced in 35 Ill. Adm.
Code 722.181.
Annex to OECD Council Decision C(88)90/Final, as amended by C(94)152/Final
(revised July 1994), referenced in 35 Ill. Adm. Code 722.187.
OECD "Green List of Wastes," Appendix 3 to the OECD Council Decision
C(92)39/Final (March 30, 1992, revised May 1994) (Concerning the Control of
Transfrontier Movements of Wastes Destined for Recovery Operations), USEPA-
approved for 35 Ill. Adm. Code 722.189, referenced in 35 Ill. Adm. Code 722.181.
OECD "Green Tier," Section III of the annex to the OECD Council Decision
C(92)39/Final (Concerning the Control of Transfrontier Movements of Wastes
Destined for Recovery Operations) (revised May 1993), referenced in 35 Ill. Adm.
Code 722.181.
OECD Guideline for Testing of Chemicals, "Ready Biodegradability," Method 301B
(July 17, 1992), "CO2 Evolution (Modified Sturm Test), " referenced in 35 Ill.
Adm. Code 724.414.
OECD "Red List of Wastes," Appendix 5 to the OECD Council Decision C(92)39/Final
(March 30, 1992, revised May 1993), USEPA-approved for 35 Ill. Adm. Code
722.189, referenced in 35 III. Adm. Code 722.181.
OECD "Red Tier," Section V of the annex to the OECD Council Decision
C(92)39/Final (Concerning the Control of Transfrontier Movements of Wastes
Destined for Recovery Operations) (revised May 1993), referenced in 35 Ill. Adm.
Code 722.181.
Table 2.B of the Annex of OECD Council Decision C(88)90(Final) (May 27, 1988),
amended by C(94)152/Final (July 28, 1994), "Decision of the Council on
Transfrontier Movements of Hazardous Wastes," referenced in 35 Ill. Adm. Code
722.181 and 722.187.
STI. Available from the Steel Tank Institute, 728 Anthony Trail, Northbrook, IL
60062, 708-498-1980:
"Standard for Dual Wall Underground Steel Storage Tanks" (1986), referenced in
35 Ill. Adm. Code 724.293.
USDOD. Available from the United States Department of Defense:
"DOD Ammunition and Explosives Safety Standards" (DOD 6055.9-STD), as in effect-
in July 1995 October 5, 2004, referenced in 35 Ill. Adm. Code 726.305.
"The Motor Vehicle Inspection Report" (DD Form 626, MAR 2007), as in cffcct on
Nev-8-----1-9-9-5, referenced in 35
?
Adm. Code 726.303.
"Requisition Tracking Form" (DD Form 1348), as in effect on Nov.November 8,
1995, referenced in 35 Ill. Adm. Code 726.303.
"The Signature and Tally Record" (DD Form 1907, NOV 2006), as in cffcct on Nov.
8, 1995, referenced in 35 Ill. Adm. Code 726.303.
"Special Instructions for Motor Vehicle Drivers" (DD Form 836, OCT 2006),
cffcct on Nov. 8, 1995, referenced in 35 Ill. Adm. Code 726.303.
BOARD NOTE: DOD 6055.9-STD is available on-line for download in pdf format from
http://www.ddesb.pentagon.mil. DD Form 1348, DD Form 1907, NOV 2006, and DD
Form 836, OCT 2006 are available on-line for download in pdf format from
http://www.dtic.mil/whs/directives/ infomgt/forms/formsprogram.htm.
USEPA, Office of Ground Water and Drinking Water. Available from United States
Environmental Protection Agency, Office of Drinking Water, State Programs
Division, WH 550 E, Washington, D.C. 20460:
"Inventory of Injection Wells," USEPA Form 7520
,
16 (Revised 8-01), referenced in
35 III. Adm. Code 704.148 and 704.283.
"Technical Assistance Document: Corrosion, Its Detection and Control in
Injection Wells," USEPA publication number EPA-570/9-87-002, August 1987,
referenced in 35 Ill. Adm. Code 730.165.
USEPA, Receptor Analysis Branch. Available from Receptor Analysis Branch, USEPA
(MD-14), Research Triangle Park, NC 27711:
"Screening Procedures for Estimating the Air Quality Impact of Stationary
Sources, Revised," October 1992, USEPA publication number EPA-450/R-92-019,
USEPA-approved for Appendix I to 35 Ill. Adm. Code 726.
BOARD NOTE: EPA-454/R-92-019 is also available for purchase from NTIS (see
above) and on the Internet for free download as a WordPerfect document from the
USEPA website at following Internet address:
www.epa.gov/scram001/guidance/guide/scrng.wpd.
USEPA Region 6. Available from United States Environmental Protection Agency,
Region 6, Multimedia Permitting and Planning Division, 1445 Ross Avenue, Dallas,
TX 75202 (phone: 214-665-7430):
"EPA RCRA Delisting Program -- Guidance Manual for the Petitioner," March 23,
2000, referenced in Section 720.122.
USGSA. Available from the United States Government Services Administration:
Government Bill of Lading (GBL) (GSA Standard Form 1103, rev 9/2003,
supplemented as necessary with GSA Standard Form 1109, rev 09/1998), ac
?
, referenced in Section 726.303.
BOARD NOTE: Available on-line for download in various formats from
www.gsa.gov/forms/forms.htm.
b)
?
Code of Federal Regulations. Available from the Superintendent of
Documents, U.S. Government Printing Office, Washington, D.C. 20401, 202-783-
3238:
10 CFR 20.2006 (2006) (2007) (Transfer for Disposal and Manifests), referenced
in 35 Ill. Adm. Code 702.110, 726.425, and 726.450.
Table II, column 2 in Appendix B to 10 CFR 20 (200G) (2007) (Water Effluent
Concentrations), referenced in 35 Ill. Adm. Code 702.110, 730.103, and 730.151.
Appendix G to 10 CFR 20 (2006) (2007) (Requirements for Transfers of Low-Level
Radioactive Waste Intended for Disposal at Licensed Land Disposal Facilities and
Manifests), referenced in 35 Ill. Adm. Code 726.440.
10 CFR 71 (200G) (2007) (Packaging and Transportation of Radioactive Material),
referenced generally in 35 Ill. Adm. Code 726.430.
10 CFR 71.5 (2006) (2007) (Transportation of Licensed Material), referenced in
35 Ill. Adm. Code 726.425.
33 CFR 153.203?
ee ,-as amended at 70 Fcd. Rcg. 7
12.GC9 (Dcc. 16, 2005) (2007)
(Procedure for the Notice of Discharge), referenced in 35 Ill. Adm. Code 723.130
and 739.143.
40 CFR?
e?
3 2 (2007) (How Does
This Part Provide for Electronic Reporting?), referenced in Section 720.104.
40 CFR 3.3, as added at 70 Fcd. Rcg. 59848 (Oct. 13,
2005)3.3 (2007) (What
Definitions Are Applicable to This Part?), referenced in Section 720.104.
40 CFR?
3.10 (2007) (What Are
the Requirements for Electronic Reporting to EPA?), referenced in Section
720.104.
40 CFR
?
see?
...,:-.1.. _
?
._.
?
- •:.:?
. -?
,?3.2000 (2007) (What
Are the Requirements Authorized State, Tribe, and Local Programs' Reporting
Systems Must Meet?), referenced in Section 720.104.
40 CFR 51.100(ii) (2005) (2007) (Definitions), referenced in 35 Ill. Adm. Code
726.200.
Appendix W to 40 CFR 51
-(-2007) (Guideline on Air Quality Models), referenced in 35 Ill. Adm. Code
726.204.
BOARD NOTE: Also available from NTIS (see above for contact information) as
"Guideline on Air Quality Models," Revised 1986, USEPA publication number EPA-
450/12-78-027R, NTIS document numbers PB86-245248 (Guideline) and PB88-150958
(Supplement).
Appendix B to 40 CFR 52.741 (2005) (2007) (VOM Measurement Techniques for
Capture Efficiency), referenced in 35 Ill. Adm. Code 703.213, 703.352, 724.982,
724.984, 724.986, 724.989, 725.983, 725.985, 725.987, and 725.990.
40 CFR 60 (2005), as amended at 70 Fcd. Rcg. 51266 (Aug. 30, 2005), 70 Fcd. Rcg.
55560 (Cop. 22, 2005), 70 Fcd. Rcg. 59848 (Oct. 13, 2005), 70 Fcd. Rcg. 73130
(Dcc. 9, 2005), 70 Fcd. Rcg. 74679 (Dcc. 16, 2005), and 70 Fed. Rcg. 74870 (Dcc.
16, 200.
7
,4--2007) (Standards of Performance for New Stationary Sources),
referenced generally in 35 Ill. Adm. Code 724.964, 724.980, 725.964, and
725.980.
Subpart VV of 40 CFR 60 (200- (2007) (Standards of Performance for Equipment
Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry),
referenced in 35 Ill. Adm. Code 724.989 and 725.990.
Appendix A to 40 CFR 60 (2005) (2007) (Test Methods), referenced generally in 35
Ill. Adm. Code 726.205 (in addition to the references cited below for specific
methods):
Method 1 (Sample and Velocity Traverses for Stationary Sources), referenced in
35 Ill. Adm. Code 726.205.
Method 2 (Determination of Stack Gas Velocity and Volumetric Flow Rate (Type S
Pitot Tube)), referenced in 35 Ill. Adm. Code 724.933, 724.934, 725.933,
725.934, and 726.205.
Method 2A (Direct Measurement of Gas Volume through Pipes and Small Ducts),
referenced in 35 Ill. Adm. Code 724.933, 725.933, and 726.205.
Method 23 (Determination of Exhaust Gas Volume Flow Rate from Gasoline Vapor
Incinerators), referenced in 35 Ill. Adm. Code 726.205.
Method 2C (Determination of Gas Velocity and Volumetric Flow Rate in Small
Stacks or Ducts (Standard Pitot Tube)), referenced in 35 Ill. Adm. Code 724.933,
725.933, and 726.205.
Method 2D (Measurement of Gas Volume Flow Rates in Small Pipes and Ducts),
referenced in 35 Ill. Adm. Code 724.933, 725.933, and 726.205.
Method 2E (Determination of Landfill Gas Production Flow Rate), referenced in 35
Ill. Adm. Code 726.205.
Method 2F (Determination of Stack Gas Velocity and Volumetric Flow Rate with
Three-Dimensional Probes), referenced in 35 Ill. Adm. Code 726.205.
Method 2G (Determination of Stack Gas Velocity and Volumetric Flow Rate with
Two-Dimensional Probes), referenced in 35 Ill. Adm. Code 726.205.
Method 2H (Determination of Stack Gas Velocity Taking into Account Velocity
Decay Near the Stack Wall), referenced in 35 Ill. Adm. Code 726.205.
Method 3 (Gas Analysis for the Determination of Dry Molecular Weight),
referenced in 35 Ill. Adm. Code 724.443 and 726.205.
Method 3A (Determination of Oxygen and Carbon Dioxide Concentrations in
Emissions from Stationary Sources (Instrumental Analyzer Procedure)), referenced
in 35 Ill. Adm. Code 726.205.
Method 3B (Gas Analysis for the Determination of Emission Rate Correction Factor
or Excess Air), referenced in 35 Ill. Adm. Code 726.205.
Method 3C (Determination of Carbon Dioxide, Methane, Nitrogen, and Oxygen from
Stationary Sources), referenced in 35 III. Adm. Code 726.205.
Method 4 (Determination of Moisture Content in Stack Gases), referenced in 35
Ill. Adm. Code 726.205.
Method 5 (Determination of Particulate Matter Emissions from Stationary
Sources), referenced in 35 Ill. Adm. Code 726.205.
Method 5A (Determination of Particulate Matter Emissions from the Asphalt
Processing and Asphalt Roofing Industry), referenced in 35 Ill. Adm. Code
726.205.
Method 5B (Determination of Nonsulfuric Acid Particulate Matter Emissions from
Stationary Sources), referenced in 35 Ill. Adm. Code 726.205.
Method 5D (Determination of Particulate Matter Emissions from Positive Pressure
Fabric Filters), referenced in 35 Ill. Adm. Code 726.205.
Method 5E (Determination of Particulate Matter Emissions from the Wool
Fiberglass Insulation Manufacturing Industry), referenced in 35 Ill. Adm. Code
726.205.
Method 5F (Determination of Nonsulfate Particulate Matter Emissions from
Stationary Sources), referenced in 35 Ill. Adm. Code 726.205.
Method 5G (Determination of Particulate Matter Emissions from Wood Heaters
(Dilution Tunnel Sampling Location)), referenced in 35 Ill. Adm. Code 726.205.
Method 5H (Determination of Particulate Emissions from Wood Heaters from a Stack
Location), referenced in 35 Ill. Adm. Code 726.205.
Method SI (Determination of Low Level Particulate Matter Emissions from
Stationary Sources), referenced in 35 Ill. Adm. Code 726.205.
Method 18 (Measurement of Gaseous Organic Compound Emissions by Gas
Chromatography), referenced in 35 Ill. Adm. Code 724.933, 724.934, 725.933, and
725.934.
Method 21 (Determination of Volatile Organic Compound Leaks), referenced in 35
Ill. Adm. Code 703.213, 724.934, 724.935, 724.963, 725.934, 725.935, 725.963,
and 725.984.
Method 22 (Visual Determination of Fugitive Emissions from Material Sources and
Smoke Emissions from Flares), referenced in 35 Ill. Adm. Code 724.933, 724.1101,
725.933, 725.1101, and 727.900.
Method 25A (Determination of Total Gaseous Organic Concentration Using a Flame
Ionization Analyzer), referenced in 35 Ill. Adm. Code 724.934 and 725.985.
Method 25D (Determination of the Volatile Organic Concentration of Waste
Samples), referenced in 35 Ill. Adm. Code 724.982, 725.983, and 725.984.
Method 25E (Determination of Vapor Phase Organic Concentration in Waste
Samples), referenced in 35 Ill. Adm. Code 725.984.
Method 27 (Determination of Vapor Tightness of Gasoline Delivery Tank Using
Pressure-Vacuum Test), referenced in 35 Ill. Adm. Code 724.987 and 725.987.
40 CFR 61 (2005), as amcndcd at 70 Fed. Rog. 73138 (Dcc. 9, 2005) and 70 Fcd.
Rcg. 73595 (Dcc. 13, 2005) (2007) (National Emission Standards for Hazardous Air
Pollutants), referenced generally in 35 Ill. Adm. Code 725.933, 725.964, and
725.980.
Subpart V of 40 CFR 61 (2005) (2007) (National Emission Standard for Equipment
Leaks (Fugitive Emission Sources)), referenced in 35 Ill. Adm. Code 724.989 and
725.990.
Subpart FF of 40 CFR 61 (2005) (2007) (National Emission Standard for Benzene
Waste Operations), referenced in 35 Ill. Adm. Code 724.982 and 725.983.
40 CFR 63 (2005), as amcndcd at 70 Fed. .cg--38554 (July 1, 2005), 70 Pcd. Rcg.
38700 (July 6, 2005), 70 Pcd. Rcg. 39126 (July 8, 2005), 70 Fcd. Reg. 39G62
et .
-c?
--=?
e.
.
_
• -
2005), 70 Fcd. Rcg. 46684 (Aug. 10, 2005), 70 Fcd. Rcg. 50118 (Aug. 25, 2005),
70 Pcd. Rcg. 51269 (Aug. 30, 2005), 70 Fcd. Rcg. 57513 (Oct. 3, 2005), 70 Pod.
• - -
'-=?-•:':
1
?.
.
_
(Dcc. 13, 2005), 70 Pod. Rcg. 750
4_2 (Dcc. 19, 2005), 70 Fcd. Rcg. 7501
.7
. (Dec.
320 (Dcc. 19, 2005), 70 Fcd. Rcg. 75924 (Dcc. 21,
2006) (2007) (National Emission Standards for Hazardous Air Pollutants for
Source Categories), referenced generally in 35 Ill. Adm. Code 725.933, 725.964,
and 725.980.
Subpart RR of 40 CFR 63 (2005) (2007) (National Emission Standards for
Individual Drain Systems), referenced in 35 Ill. Adm. Code 724.982, 724.984,
724.985, 725.983, 725.985, and 725.986.
Subpart EEE of 40 CFR 63 (2000) (National Emission Standards for Hazardous Air
Pollutants from Hazardous Waste Combustors), referenced in 35 Ill. Adm. Code
703.280.
Subpart EEE of 40 CFR 63 (2005), as amcndcd at 70 Fcd. Rcg. 59402 (Oct. 12,
2-946), 70 Fcd. Rcg. 75042 (Dcc. 19, 2005), and 71 Fcd. Rcg. 14655 (Mar. 23,
200G) (2007) (National Emission Standards for Hazardous Air Pollutants from
Hazardous Waste Combustors) (includes 40 CFR 63.1206 (When and How Must You
Comply with the Standards and Operating Requirements?), 63.1215 (What are the
Health-Based Compliance Alternatives for Total Chlorine?), 63.1216 (What are the
Standards for Solid-Fuel Boilers that Burn Hazardous Waste?), 63.1217 (What are
the Standards for Liquid-Fuel Boilers that Burn Hazardous Waste?), 63.1218 (What
are the Standards for Hydrochloric Acid Production Furnaces that Burn Hazardous
Waste?), 63.1219 (What are the Replacement Standards for Hazardous Waste
Incinerators?), 63.1220 (What are the Replacement Standards for Hazardous Waste-
Burning Cement Kilns?), and 63.1221 (What are the Replacement Standards for
Hazardous Waste-Burning Lightweight Aggregate Kilns?)), referenced in Appendix A
to 35 Ill. Adm. Code 703 and 35 Ill. Adm. Code 703.155, 703.205, 703.208,
703.221, 703.232, 703.320, 703.280, 724.440, 724.701, 724.950, 725.440, and
726.200.
Method 301 (Field Validation of Pollutant Measurement Methods from Various Waste
Media) in appendix A to 40 CFR 63 (2005) (2007) (Test Methods), referenced in 35
Ill. Adm. Code 725.984.
Appendix C to 40 CFR 63 (2005) (2007) (Determination of the Fraction Biodegraded
(Fbio) in a Biological Treatment Unit), referenced in 35 Ill. Adm. Code 725.984.
Appendix D to 40 CFR 63 (2005) (2007) (Test Methods), referenced in 35 Ill. Adm.
Code 725.984.
40 CFR 136.3 (Identification of Test Procedures) (2005) (2007), referenced in 35
Ill. Adm. Code 702.110, 704.150, 704.187, and 730.103.
40 CFR 144.70 (2005) (2007) (Wording of the Instruments), referenced in 35 Ill.
Adm. Code 704.240.
40 CFR 232.2 (2005) (2007) (Definitions), referenced in 35 Ill. Adm. Code
721.104.
40 CFR 257 (2005), as amcndcd at 70 Fcd. Rcg. 59848 (Oct. 13, 2005) (2007)
(Criteria for Classification of Solid Waste Disposal Facilities and Practices),
referenced in 35 Ill. Adm. Code 739.181.
40 CFR 258–(2-945), as amcndcd at 79 Fcd. Rcg. 44159 (Aug. 1, 2005) and 70 Fcd.
Rcg. 59843 (Oct. 13, 2005) (2007) (Criteria for Municipal Solid Waste
Landfills), referenced in 35 Ill. Adm. Code 739.181.
40 CFR 260.21 (2005) (2007) (Alternative Equivalent Testing Methods), referenced
in Section 720.121.
Appendix I to 40 CFR 260 (2005) (2007) (Overview of Subtitle C Regulations),
referenced in Appendix A to 35 Ill. Adm. Code 720.
Appendix III to 40 CFR 261 (2005) (2007) (Chemical Analysis Test Methods),
referenced in 35 Ill. Adm. Code 704.150 and 704.187.
40 CFR 262.53 (2005) (2007) (Notification of Intent to Export), referenced in 35
Ill. Adm. Code 722.153.
40 CFR 262.54 (2005) (2007) (Special Manifest Requirements), and as amcndcd at
70 Fcd. Rcg. 10776 (March 4, 2005), referenced in 35 Ill. Adm. Code 722.154.
40 CFR 262.55 (2005) (2007) (Exception Reports), referenced in 35 Ill. Adm. Code
722.155.
40 CFR 262.56 (2005) (2007) (Annual Reports), referenced in 35 Ill. Adm. Code
722.156.
40 CFR 262.57 (2005) (2007) (Recordkeeping), referenced in 35 Ill. Adm. Code
722.157.
Appendix to 40 CFR 262 (20-9-6) (2007) (Uniform Hazardous Waste Manifest and
Instructions (EPA Forms 8700-22 and 8700-22A and Their Instructions)), and ac
), referenced in Appendix A to 35
Ill. Adm. Code 722 and 35 Ill. Adm. Code 724.986 and 725.987.
40 CFR 264.151 (2005) (2007) (Wording of the Instruments), referenced in 35
Ill. Adm. Code 724.251 and 727.240.
Appendix I to 40 CFR 264 (200-s-)- (2007) (Recordkeeping Instructions), referenced
in Appendix A to 35 Ill. Adm. Code 724.
Appendix IV to 40 CFR 264 (2005) (2007) (Cochran's Approximation to the Behrens-
Fisher Students' T-Test), referenced in Appendix D to 35 Ill. Adm. Code 724.
Appendix V to 40 CFR 264 (2005) (2007) (Examples of Potentially Incompatible
Waste), referenced in Appendix
E
to 35 Ill. Adm. Code 724 and 35 Ill. Adm. Code
727.270.
Appendix VI to 40 CFR 264 (2005) (2007) (Political Jurisdictions in Which
Compliance with
?
264.18(a) Must Be Demonstrated), referenced in 35 Ill. Adm.
Code 703.306 and 724.118.
Appendix I to 40 CFR 265 (2005) (2007) (Recordkeeping Instructions), referenced
in Appendix A to 35 Ill. Adm. Code 725.
Appendix III to 40 CFR 265 (2005) (2007) (EPA Interim Primary Drinking Water
Standards), referenced in Appendix C to 35 Ill. Adm. Code 725.
Appendix IV to 40 CFR 265 (2005) (2007) (Tests for Significance), referenced in
Appendix D to 35 Ill. Adm. Code 725.
Appendix V to 40 CFR 265 (2005) (2007) (Examples of Potentially Incompatible
Waste), referenced in 35 Ill. Adm. Code 725.277, 725.330, 725.357, 725.382, and
725.413 and Appendix E to 35 Ill. Adm. Code 725.
Appendix IX to 40 CFR 266 (2005) (2007) (Methods Manual for Compliance with the
BIF Regulations), referenced generally in Appendix I to 35 Ill. Adm. Code 726.
Section 4.0 (Procedures for Estimating the Toxicity Equivalence of Chlorinated
Dibenzo-p-Dioxin and Dibenzofuran Congeners), referenced in 35 Ill. Adm. Code
726.200 and 726.204.
Section 5.0 (Hazardous Waste Combustion Air Quality Screening Procedure),
referenced in 35 Ill. Adm. Code 726.204.
Section 7.0 (Statistical Methodology for Bevill Residue Determinations),
referenced in 35 Ill. Adm. Code 726.212.
BOARD NOTE: Also available from NTIS (see above for contact information) as
"Methods Manual for Compliance with BIF Regulations: Burning Hazardous Waste in
Boilers and Industrial Furnaces," December 1990, USEPA publication number EPA-
530/SW-91-010, NTIS document number PB91-120006.
40 CFR 270.5 (2005) (2007) (Noncompliance and Program Reporting by the
Director), referenced in 35 Ill. Adm. Code 703.305.
40 CFR 761 (2005) (2007) (Polychlorinated Biphenyls (PCBs) Manufacturing,
Processing, Distribution in Commerce, and Use Prohibitions), referenced
generally in 35 Ill. Adm. Code 728.145.
40 CFR 761.3 (2005) (2007) (Definitions), referenced in 35 Ill. Adm. Code
728.102 and 739.110.
40 CFR 761.60 (2005) (2007) (Disposal Requirements), referenced in 35 Ill. Adm.
Code 728.142.
40 CFR 761.65 (2005)-4-2007) (Storage for Disposal), referenced in 35 M. Adm.
Code 728.150.
40 CFR 761.70 (2005) (2007) (Incineration), referenced in 35 Ill. Adm. Code
728.142.
Subpart B of 49 CFR 107 (2005), as amended at 70 Fed. Reg. 73156 (Dec. 9, 2005-)--
2007) (Exemptions), referenced generally in 35 Ill. Adm. Code 724.986 and
725.987.
49 CFR 171 ( e
?
'--?
,-?
,
?
2007)
(General Information, Regulations, and Definitions), referenced generally in 35
Ill. Adm. Code 733.118, 733.138, 733.152, and 739.143.
49 CFR 171.3 (2005) (2007) (Hazardous Waste), referenced in 35 Ill. Adm. Code
722.133.
49 CFR 171.8
Fcd. Reg. 73156 (Dcc. 9, 2005) (2007) (Definitions and Abbreviations),
referenced in 35 Ill. Adm. Code 733.118, 733.138, 733.152, 733.155, and 739.143.
Se
49 CFR 171.15 (2005) (2007) (Immediate Notice of Certain Hazardous Materials
Incidents), referenced in 35 Ill. Adm. Code 723.130 and 739.143.
49 CFR 171.16 (2005) (2007) (Detailed Hazardous Materials Incident Reports),
referenced in 35 Ill. Adm. Code 723.130 and 739.143.
49 CFR 172 (2005), as amcndcd at 70 Fcd. Rcg. 73156 (Dcc. 9, 2005) (2007)
(Hazardous Materials Table, Special Provisions, Hazardous Materials
Communications, Emergency Response Information, and Training Requirements),
referenced generally in 35 Ill. Adm. Code 722.131, 722.132, 724.986, 725.987,
733.114, 733.118, 733.134, 733.138, 733.152, 733.155, and 739.143.
49 CFR 172.304 (2005) (2007) (Marking Requirements), referenced in 35 Ill. Adm.
Code 722.132.
Subpart F of 49 CFR 172 (2005) (2007) (Placarding), referenced in 35 Ill. Adm.
Code 722.133.
49 CFR 173 (2005), ac amended at 70 Fcd. Rcg. 73156 (Dcc. 9, 2005) (2007)
(Shippers - General Requirements for Shipments and Packages), referenced
generally in 35 Ill. Adm. Code 722.130, 724.986, 724.416, 725.987, 733.118,
733.138, 733.152, and 739.143.
49 CFR 173.2 (2005) (2007) (Hazardous Materials Classes and Index to Hazard
Class Definitions), referenced in 35 Ill. Adm. Code 733.152.
49 CFR 173.12 (2005) (2007) (Exceptions for Shipments of Waste Materials),
referenced in 35 Ill. Adm. Code 724.416, 724.986, and 725.987.
49 CFR 173.28 (2005) (2007) (Reuse, Reconditioning, and Remanufacture of
Packagings), referenced in 35 Ill. Adm. Code 725.273.
49 CFR 173.50 (2005+-42007) (Class 1 - Definitions), referenced in 35 Ill. Adm.
Code 721.124.
49 CFR 173.54 (2005) (2006) (Forbidden Explosives), referenced in 35 Ill. Adm.
Code 721.124.
49 CFR 173.115 (2005) (2007) (Class 2, Divisions 2.1, 2.2, and 2.3 -
Definitions), referenced in 35 Ill. Adm. Code 721.121.
49 CFR
?
ee )
(Class 5, Division 5.1 Definition and Assignment of
Packaging Croups174 (2007) (Carriage by Rail), referenced generally in 35 Ill.
Adm. Code 721.121.733.118, 733 138, 733.152, and 739 143
49 CFR?
el.?
--:?
It-?
==
?
175 (2007)
(Carriage by RailAircraft), referenced generally in 35 Ill. Adm. Code 733.118,
733.138, 733.152, and 739.143.
49 CFR 175 (2005), as amcndcd at 70-Fed. -Rcg. 731
r?
D—?,?
Se
176 (2007)
(Carriage by AircraftVessel), referenced generally in 35 Ill. Adm. Code 733.118,
733.138, 733.152, and 739.143.
49 CFR 176-42-0-0-5),
as amcndcd at 70 Fcd. Rcg. 73156 (Dcc. 9, 2005)177 (2007)
(Carriage by VcssolPublic Highway), referenced generally in 35 Ill. Adm. Code
733.118, 733.138, 733.152, and 739.143.
49 CFR 177 (2005), as amended at 70 Fcd. Rcg. 73156 (Dcc. 9, 2005) (2007)
(Carriage by Public Highway178 (2007) (Specifications for Packaqinqs),
referenced generally in 35 Ill. Adm. Code 722.130, 724.416, 724.986, 725.416,
725,987, 733.118, 733.138, 733.152, and 739.143.
49 CFR?
179 (2007)
(Specifications for PackagingoTank Cars), referenced generally in 35 Ill. Adm.
Code 722.130, 724.416, 724.986, 725.416, 725.987, 733.118, 733.138, 733.152, and
739.143.
49 CFR 179 (2005), ac amcndcd at 70 Fcd. Rcg. 73156 (Dcc. 9, 2005) (2007)
(Spccificatione for Tank Cars), referenced in 35 Ill. Ad
724.416, 724.986, 725.11G, 725.987, 733.118, 733.138, 7,3.1r
), ac amcndcd at 70 Fcd. Rcg. 73156 (Dcc. 9, 2005)180 (2006)
(Continuing Qualification and Maintenance of Packagings), referenced generally
in 35 Ill. Adm. Code 724.986, 725.987, 733.118, 733.138, 733.152, and 739.143.
c)
Federal Statutes:
Section 11 of the Atomic Energy Act of 1954 (42 USC 2014), as amended through–
January 23, 2000 January 3, 2005, referenced in 35 Ill. Adm. Code 721.104 and
726.310.
Sections 201(v), 201(w), and 512(j) of the Federal Food, Drug, and Cosmetic Act
(FFDCA; 21 USC 321(v), 321(w), and 360b(j)), as amended through January 2, 2001
January 3, 2005, referenced in Section 720.110 and 35 Ill. Adm. Code 733.109.
Section 1412 of the Department of Defense Authorization Act of 1986, Pub. L. 99-
145 (50 USC 1521(j)(1)), as amended through January 23, 2000 January 3, 2005,
referenced in 35 Ill. Adm. Code 726.301.
d) This Section incorporates no later editions or amendments.
(Source: Amended at 32 Ill. Reg.
?
--, effective
?
SUBPART C: RULEMAKING PETITIONS AND OTHER PROCEDURES
Section 720.131
?
Solid Waste Determinations
a)?
The Board will determine that those materials that are accumulated
speculatively without sufficient amounts being recycled are not solid wastes if
the applicant demonstrates that sufficient amounts of the material will be
recycled or transferred for recycling in the following year. Such a
determination is valid only for the following year, but can be renewed, on an
annual basis, by filing a new application. This determination will be based on
the following criteria:
1)
The manner in which the material is expected to be recycled, when the
material is expected to be recycled, and whether this expected disposition is
likely to occur (for example, because of past practice, market factors, the
nature of the material or contractual arrangements for recycling);
2)
The reason that the applicant has accumulated the material for one or more
years without recycling 75 percent of the volume accumulated at the beginning of
the year;
3)
The quantity of material already accumulated and the quantity expected to
be generated and accumulated before the material is recycled;
4)
The extent to which the material is handled to minimize loss; and
5)
Other relevant factors.
b)?
The Board will determine that those materials that are reclaimed and then
reused as feedstock within the original production process in which the
materials were generated are not solid wastes if the reclamation operation is an
essential part of the production process. This determination will be based on
the following criteria:
1)
How economically viable the production process would be if it were to use
virgin materials, rather than reclaimed materials;
2)
The prcvalcncc of the practicc on an induotry widc bacic;32)
?The
extent to which the material is handled before reclamation to minimize loss;
43a) The time periods between generating the material and its reclamation, and
between reclamation and return to the original primary production process;
-S41) The location of the reclamation operation in relation to the production
process;
65a) Whether the reclaimed material is used for the purpose for which it was
originally produced when it is returned to the original process, and whether it
is returned to the process in substantially its original form;
76) Whether the person that generates the material also reclaims it; and
872) Other relevant factors.
c)?
The Board will determine that those materials that have been reclaimed but
must be reclaimed further before recovery is completed are not solid wastes if,
after initial reclamation, the resulting material is commodity-like (even though
it is not yet a commercial product, and has to be reclaimed further). This
determination will be based on the following criteria:
1)
The degree of processing the material has undergone and the degree of
further processing that is required;
2)
The value of the material after it has been reclaimed;
3)
The degree to which the reclaimed material is like an analogous raw
material;
4)
The extent to which an end market for the reclaimed material is
guaranteed;
5)
The extent to which the reclaimed material is handled to minimize loss;
and
6)
Other relevant factors.
(Source: Amended at 32 Ill. Reg.
?
?
, effective ?
Section 720.140?
Additional Regulation of Certain Hazardous Waste Recycling
Activities on a Case-by-Case Basis
a)?
The Agency may decide on a case-by-case basis that persons accumulating or
storing the recyclable materials described in 35 Ill. Adm. Code 721.106(a)(2)(0)
721.106(a)(2)(C) should be regulated pursuant to 35 Ill. Adm. Code 721.106(b)
and (c) rather than pursuant to the provisions of Subpart F of 35 Ill. Adm. Code
726. The basis for this decision is that the materials are being accumulated or
stored in a manner that does not protect human health and the environment
because the materials or their toxic constituents have not been adequately
contained, or because the materials being accumulated or stored together are
incompatible. In making this decision, the Agency must consider the following
factors:
1)
The types of materials accumulated or stored and the amounts accumulated
or stored;
2)
The method of accumulation or storage;
3)
The length of time the materials have been accumulated or stored before
being reclaimed;
4)
Whether any contaminants are being released into the environment, or are
likely to be so released; and
5)
Other relevant factors.
b)?
The procedures for this decision are set forth in Section 720.141.
(Source: Amended at 32 Ill. Reg.
, effective
Section 720.141
?
Procedures for Case-by-Case Regulation of Hazardous Waste
Recycling Activities
The Agency must use the following procedures when determining whether to
regulate hazardous waste recycling activities described in 35 Ill. Adm. Code
721.106(a)(2)(D) 721.106(a)(2)(C) under the provisions of 35 III_ Adm. Code
721.106(b) and (c) rather than under the provisions of Subpart
F of 35 Ill. Adm.
Code 726.
a)?
If a generator is accumulating the waste, the Agency must issue a notice
setting forth the factual basis for the decision and stating that the person
must comply with the applicable requirements of Subparts A, C, D and E of 35
Ill. Adm. Code 722. The notice will become final within 30 days, unless the
person served requests a public hearing to challenge the decision. Upon
receiving such a request, the Agency must hold a public hearing. The Agency
must provide notice of the hearing to the public and allow public participation
at the hearing. The Agency must issue a final written memorandum of decision
after the hearing stating whether or not compliance with 35 Ill. Adm. Code 722
is required, and setting forth the reasons for the Agency's decision, including
all findings of fact and conclusions of law. Such memorandum of decision will
constitute a final administrative action, and may be appealed to the Board. The
decision becomes effective 35 days after service of the decision unless the
Agency specifies a later date or unless an appeal has been filed with the Board.
The decision may be appealed to the Board by any person who participated in the
hearing. Proceedings before the Board must be in general accordance with the
rules set forth in 35 Ill. Adm. Code 105.
b)
?
If the person is accumulating the recyclable material as a storage
facility, the notice must state that the person must obtain a permit in
accordance with all applicable provisions of 35 Ill. Adm. Code 702, 703, and
705. The owner or operator of the facility must apply for a permit within no
less than 60 days and no more than six months of notice, as specified in the
notice. If the owner or operator of the facility wishes to challenge the
Agency's decision, it may do so in its permit application, in a public hearing
held on the draft permit, or in comments filed on the draft permit or on the
notice of intent to deny the permit. The fact sheet accompanying the permit
will specify the reasons for the Agency's determination. The question of
whether the Agency's decision was proper will remain open for consideration
during the public comment period discussed under Subparts D and E of 35 Ill.
Adm. Code 705, and in any subsequent hearing.
(Source: Amended at 32 Ill. Reg.
ILLINOIS RECISTER
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