From:
To:
Date:
Subject:
Erin CONLEY
McCambridge, Mike
4/14/2008 10:11:50 AM
Fwd: lost
111))/Q1
a
M CP
11/
0
I
RECEIVED
14
CLERK'S OFFICE
APR 1 6 2008
STATE OF ILLINOIS
Pollution Control Board
Page 1 of 1
Mike McCambridge - Fwd: lost
From: Erin CONLEY
To:?
McCambridge, Mike
Date:?
4/14/2008 10:11 AM
Subject:
Fwd: lost
Erin:
I need some basic background instruction on 721.104. What does it mean if a waste is not a solid waste for the
purposes of Part 721? I thought we were only concerned with hazwaste?
File://C:\Documents and Settings\McCambM\Local Settings\Temp\GW100001.HTM
?
4/15/2008
John Therriault - Re:
lost
?
Page 1
From:? Mike McCambridge
To:?
Connelly, Deborah
Date:?
4/15/2008 4:10:27 PM
Subject:? Re: lost
John Therriault: Please print this e-mail and attach it as the end of the e-mail that I gave you marked PC 5 in docket R07-
5/R07-14. Use the your usual designation indicating this as an e-mail and attached reply.
Deborah Connelly:
Due to a potentially serious mechanical problem at home that I had to promptly repair, I was unable to respond to your
questions before today. Sorry for the delay in this response.
Since Erin left for another job today, I will respond to you directly. This is how we will operate in the future. I look forward to
working with you. This is the first of three questions that you addressed to Erin yesterday. I hope this response addresses
your question adequately. Please feel free to ask again if you need more from me. The other two responses will follow
immediately and separately.
I would guess that this question about solid waste arises from the USEPA conditional exclusion of CRTs from regulation as
waste. By determining that certain CRTs are not a solid waste if managed in certain ways, USEPA has determined not to
include those materials in any level of regulation as waste. This is instead of considering them solid waste that is not
subject to hazardous waste regulation so long as the conditions are fulfilled, which is the case for "universal waste"
regulated under Part 733 (corresponding with 40 C.F.R. 273).
The short answer is that it cannot be a hazardous waste unless it is a solid waste. Thus, the solid waste issue is a threshold
issue. The more substantial answer requires understanding of the structure of the hazardous waste regulations and a brief
reference to their history.
The hazardous waste regulations, at Section 721.102 (corresponding with 40 C.F.R. 261.2 define "solid waste." Section
721.103 (corresponding with 40 C. F.R. 261.3) goes on to define "hazardous waste" based on what has been defined as
solid waste. The preamble of Section 721.103 (corresponding with 40 C.F.R. 261.3) defines a hazardous waste, stating in
significant part as follows: "A solid waste, as defined in Section 721.102, is a hazardous waste if the following is true of the
waste ...." This provision goes on to define which solid wastes are hazardous wastes.
Section 721.104 (corresponding with 40 C.F.R. 261.4), which is the provision questioned by JCAR, contains the many
exclusions from regulation. It includes two distinct exclusions. First, subsection (a) of Section 721.104 excludes certain
materials from the universe of "solid waste." Subsection (a)(1) of Section 721.102 prefaces the definition of solid waste with
the following: "A solid waste is any discarded material that is not excluded by Section 721.104(a)
?
.." Second, subsection
(b) of Section 721.104 excludes certain solid wastes from the universe of materials that are hazardous wastes. Subsection
(a) of Section 721.103, qualifies the universe of hazardous waste with the following statement: "It is not excluded from
regulation as a hazardous waste pursuant to Section 721.104(b) . . .."
Thus, the hazardous waste analysis is a multi-tiered one that requires a series of determinations in sequential order. The
first determination is whether the material is a solid waste, as defined in Section 721.102, that is not excluded from
regulation under Section 721.104(a). Only then does the analysis proceed to a determination whether the material is a
hazardous waste, as defined in Section 721.103, that is not excluded from regulation under Section 721.104(b).
RCRA includes a number of titles. Title C regulates hazardous waste. Title D regulates municipal solid waste. Overall,
RCRA is concerned with all solid wastes, and it addresses the improper disposal of solid wastes, which is called "open
dumping."
As to non-hazardous solid waste, RCRA started out by mandating that USEPA provide guidance to the states as to modes
of disposal that did not constitute open dumping. With the Hazardous and Solid Waste Amendments of 1985 (HSWA),
however, RCRA Subtitle D mandated that USEPA establish minimum federal standards for the disposal of municipal solid
waste (which resulted in the Municipal Solid Waste Landfill (MSWLF) rules adopted by USEPA in 1991, and subsequently
by the Board in 1993, to comport with the HSWA requirements.
As to hazardous waste, RCRA has always mandated that USEPA establish minimum federal standards for the management
of hazardous waste, since Congress adopted it in 1976.
USEPA adopted the first set of hazardous waste
regulations in May
1980.
The
Board adopted corresponding
rules in 1982.
Michael J. McCambridge
John Therriault - Re: lost
?
Page 2
Illinois Pollution Control Board
312-814-6924
>>> "Connelly, Deborah" <connelly@ilgagov> 4/7/2008 3:26 PM >>>
Erin'.
I need some basic background instruction on 721.104. What does it mean
if a waste is not a solid waste for the purposes of Part 721? I thought
we were only concerned with hazwaste?