JCAR3

50720-081

4

IVED

1

TITLE

35:

ENVIRONMENTAL

PROTECTION

2

SUBTITLE

G:

WASTE

DISPOSAL

t

242008

3

CHAPTER

I: POLLUTION

CONTROL BOARD

,sIATE

OF

ILLINOIS

4

SUBCHAPTER

C:

HAZARDOUS

WASTE

OPERATING

REQUIREMENPt(On

Control

BoarJ

5

6

PART

720

7

HAZARDOUS

WASTE

MANAGEMENT

SYSTEM:

GENERAL

8

9

SUBPART A:

GENERAL

PROVISIONS

10

11

Section

12

720.101

Purpose,

Scope,

and

Applicability

13

720.102

Availability

of

Information;

Confidentiality

of

Information

14

720.103

Use

of Number

and

Gender

15

720.104

Electronic

Reporting

16

17

SUBPART B: DEFINITIONS

AND

REFERENCES

18

19

Section

20

720.110

Definitions

21

720.111

References

22

23

SUBPART

C: RULEMAKING

PETITIONS AND

OTHER

PROCEDURES

24

25

Section

26

720.120

Rulemaking

27

720.121

Alternative

Equivalent

Testing

Methods

28

720.122

Waste

Delisting

29

720.123

Petitions

for

Regulation

as

Universal

Waste

30

720.130

Procedures

for

Solid

Waste

Determinations

31

720.13

1

Solid

Waste

Determinations

32

720.132

Boiler

Determinations

33

720.133

Procedures

for

Determinations

34

720.140

Additional Regulation

of

Certain

Hazardous

Waste

Recycling

Activities

on

a

35

Case-by-Case Basis

36

720.141

Procedures

for

Case-by-Case Regulation

of

Hazardous

Waste

Recycling

37

Activities

38

39

720.APPENDIX

A

Overview

of

Federal

RCRA

Subtitle

C

(Hazardous

Waste)

Regulations

40

41

AUTHORITY:

Implementing

Sections

7.2,

13,

and 22.4

and

authorized

by

Section

27

of the

42

Environmental

Protection

Act

[415

ILCS

5/7.2,

13, 22.4,

and

27].

43

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44

SOURCE:

Adopted in

R81-22

at 5 Ill. Reg.

9781, effective May 17, 1982; amended

and

45

codified in

R81-22 at

6

Ill. Reg. 4828,

effective May 17, 1982;

amended in R82-19 at

7

Iii.

Reg.

46

14015,

effective October 12, 1983; amended

in R84-9 at 9 Iii. Reg.

11819,

effective

July 24,

47

1985;

amended in

R85-22

at 10 Iii. Reg. 968, effective

January 2, 1986; amended in

R86-1 at

10

48

fli.

Reg. 13998,

effective August 12,

1986; amended in R86-19

at 10 Ill. Reg. 20630, effective

49

December 2, 1986;

amended in R86-28

at 11111. Reg. 6017, effective

March

24,

1987; amended

50

in

R86-46

at

11111. Reg. 13435, effective

August

4,

1987; amended in R87-5

at 11111. Reg.

51

19280,

effective

November 12,

1987; amended in R87-26

at

12

Ill. Reg. 2450, effective

January

52

15,

1988; amended

in R87-39 at 12 Ill.

Reg. 12999, effective July 29,

1988; amended in

R88-16

53

at 13

111.

Reg.

362, effective December 27, 1988;

amended in R89-1 at 13 Ill. Reg. 18278,

54

effective November 13,

1989; amended

in R89-2 at 14 Ill. Reg.

3075,

effective February 20,

55

1990;

amended in R89-9 at 14 Ill. Reg. 6225,

effective April 16, 1990; amended in

R90-10 at 14

56

Ill.

Reg. 16450,

effective September 25,

1990;

amended in R90-17

at 15 Iii. Reg. 7934, effective

57

May 9,

1991; amended in R90-11 at 15111. Reg. 9323,

effective June 17, 1991; amended

inR9l-

58

1 at 15 Ill. Reg.

14446, effective September

30, 1991; amended in R91-13

at 16 Iii. Reg. 9489,

59

effective June

9,

1992; amended in R92-1 at 16

111. Reg. 17636, effective November

6, 1992;

60

amended in R92-10 at

17 111. Reg. 5625,

effective March 26, 1993;

amended in R93-4 at 17

Ill.

61

Reg.

20545, effective November 22, 1993;

amended in R93-16 at 18 Iii. Reg. 6720,

effective

62

April 26, 1994; amended in

R94-7

at 18 Ill. Reg. 12160, effective

July 29, 1994; amended

in

63

R94-17 at 18 Ill. Reg.

17480, effective

November 23, 1994; amended

in R95-6 at 19 Ill.

Reg.

64

9508,

effective June 27, 1995; amended

in R95-20 at 20 Ill. Reg. 10929,

effective August

1,

65

1996;

amended in R96-10/R97-3/R97-5

at

22

111. Reg. 256, effective December

16, 1997;

66

amended in R98-12 at 22 Ill. Reg. 7590, effective

April

15, 1998; amended in R97-21/R98-

67

3/R98-5 at 22 Ill. Reg.

17496,

effective September 28,

1998; amended in R98-21/R99-2/R99-7

at

68

23 Ill. Reg.

1704, effective January

19, 1999; amended in R99-15

at

23

Ill. Reg. 9094, effective

69

July 26, 1999; amended in R00-5 at 24 Ill.

Reg. 1063, effective January

6,

2000;

amended in

70

R00-13 at 24 Ill. Reg.

9443,

effective June 20, 2000;

amended in R01-3 at 25 Ill. Reg. 1266,

71

effective January

11,2001; amended

in R01-21!R01-23 at 25 Ill. Reg.

9168, effective July

9,

72

2001; amended in R02-1/R02-12!R02-17 at 26

Ill. Reg. 6550, effective April 22, 2002;

amended

73

in R03-7 at 27 Ill. Reg. 3712, effective

February 14, 2003; amended in

R03-18 at

27

Ill.

Reg.

74

12713, effective July 17, 2003; amended in R05-8

at

29

Ill. Reg. 5974, effective April 13,

2005;

75

amended in R05-2 at 29 Ill. Reg. 6290, effective

April 22, 2005; amended

in R06-5/R06-6/R06-7

76

at 30 Ill. Reg. 2930, effective February 23, 2006; amended in R06-16/R06-17/R06-18

at 31111.

77

Reg. 730, effective December 20, 2006; amended

in R07-5/R07-14 at 32 111. Reg. 11726,

78

effective

July

14, 2008;

amended in R09-3 at 33 Ill. Reg.

effective

79

80

SUBPART B: DEFINITIONS

AND REFERENCES

81

82

Section 720.110 Definitions

83

84

When

used in 35 Ill. Adm. Code 720 through 728,

733, 738, and 739 only, the following terms

85

have the meanings given

below:

86

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87

“Aboveground

tank” means

a

device

meeting

the

definition

of tank

that

is

situated

88

in such a

way

that the

entire

surface

area

of

the tank is

completely

above the

plane

89

of the

adjacent

surrounding

surface

and the

entire

surface

area of the

tank

90

(including

the tank bottom)

is

able

to be visually

inspected.

91

92

“Active

life”

of a

facility means

the

period

from the

initial

receipt

of hazardous

93

waste at

the facility

until

the

Agency

receives

certification

of final

closure.

94

95

“Active

portion”

means that

portion of

a facility

where treatment,

storage,

or

96

disposal

operations

are

being

or

have been

conducted

after May

19, 1980,

and

97

which

is not a closed

portion.

(See also

“closed

portion” and

“inactive

portion.”)

98

99

“Administrator”

means the

Administrator

of the

United States

Environmental

100

Protection

Agency

or

the

Administrator’s

designee.

101

102

“Agency”

means

the Illinois

Environmental

Protection

Agency.

103

104

“Ancillary

equipment”

means

any

device,

including,

but

not limited

to,

such

105

devices

as piping,

fittings,

flanges, valves,

and pumps,

that

is used to

distribute,

106

meter,

or control

the flow

of

hazardous

waste

from its point

of generation

to

107

storage

or treatment

tanks,

between hazardous

waste

storage

and

treatment tanks

108

to a

point of disposal

onsite,

or

to a

point

of shipment

for

disposal off-site.

109

110

“Aquifer”

means a geologic

formation,

group

of formations,

or

part of a

formation

111

capable

of yielding

a significant

amount

of groundwater

to wells

or springs.

112

113

“Authorized

representative”

means the

person

responsible

for

the overall

114

operation

of a facility

or an

operational

unit (i.e.,

part of a

facility),

e.g.,

the

plant

115

manager,

superintendent,

or

person of equivalent

responsibility.

116

117

“Battery”

means a

device

that

consists of

one or more

electrically

connected

118

electrochemical

cells that is

designed

to receive,

store,

and deliver

electric

energy.

119

An

electrochemical

cell is

a

system consisting

of an

anode, cathode,

and

an

120

electrolyte,

plus

such

connections

(electrical

and

mechanical)

as

may

be

needed

to

121

allow the

cell to deliver

or

receive

electrical

energy.

The term

battery also

122

includes

an intact,

unbroken

battery

from

which

the

electrolyte

has been

removed.

123

124

“Board”

means

the Illinois

Pollution

Control Board.

125

126

“Boiler”

means

an enclosed

device

using

controlled

flame

combustion

and having

127

the

following

characteristics:

128

129

Boiler

physical

characteristics.

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130

131

The

unit must

have physical

provisions

for

recovering

and

132

exporting

thermal

energy

in the form

of

steam,

heated

fluids,

or

133

heated

gases;

and the unit’s

combustion

chamber

and

primary

134

energy

recovery

sections

must

be of

integral

design.

To be

of

135

integral design,

the

combustion

chamber

and

the primary

energy

136

recovery

sections

(such as waterwalls

and

superheaters)

must

be

137

physically

formed into

one

manufactured

or

assembled

unit.

A

138

unit in

which the combustion

chamber

and

the primary

energy

139

recovery

sections are

joined

only

by

ducts

or connections

carrying

140

flue gas

is not integrally

designed;

however,

secondary

energy

141

recovery

equipment

(such

as economizers

or

air

preheaters)

need

142

not be physically

formed into

the same

unit as the

combustion

143

chamber

and the

primary

energy

recovery

section.

The following

144

units are

not precluded

from

being

boilers

solely because

they are

145

not of integral

design:

process

heaters

(units

that

transfer energy

146

directly

to a process

stream)

and

fluidized

bed combustion

units;

147

and

148

149

While

in operation,

the unit

must

maintain

a thermal

energy

150

recovery

efficiency

of at

least

60

percent,

calculated

in terms

of

the

151

recovered

energy

compared

with

the thermal

value of the

fuel;

and

152

153

The

unit

must

export and

utilize

at least

75

percent

of the

154

recovered

energy, calculated

on an annual

basis. In this

155

calculation,

no credit

may be

given for recovered

heat

used

156

internally

in the

same

unit.

(Examples

of

internal

use are the

157

preheating

of fuel

or combustion

air,

and

the driving

of induced

or

158

forced

draft fans

or feedwater

pumps.);

or

159

160

Boiler

by designation.

The

unit

is

one that the

Board

has

determined,

on

161

a

case-by-case

basis,

to be

a boiler, after

considering

the standards

in

162

Section

720.132.

163

164

“Carbon

regeneration

unit”

means any

enclosed

thermal

treatment

device

used

to

165

regenerate

spent

activated

carbon.

166

167

“Cathode

ray

tube” or

“CRT”

means

a vacuum

tube, composed

primarily

of

glass,

168

which

is the

visual or

video display

component

of an

electronic

device. A

“used,

169

intact

CRT”

means

a CRT whose

vacuum

has not been

released.

A

“used,

broken

170

CRT”

means

glass removed

from

its

housing

or

casing

whose vacuum

has

been

171

released.

172

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“Certification” means

a

statement

of

professional opinion

based

upon

knowledge

174

and belief.

175

176

“Closed

portion”

means

that portion

of

a

facility

that

an

owner

or

operator

has

177

closed

in

accordance

with

the

approved

facility

closure

plan

and

all applicable

178

closure

requirements.

(See

also

“active

portion”

and

“inactive

portion.”)

179

180

“Component”Theans

either

the

tank

or

ancillary

equipment

of

a

tank

system.

181

182

“Confined aquifer”

means

an

aquifer

bounded

above

and

below

by

impermeable

183

beds

or

by

beds

of

distinctly lower

permeability

than

that

of the

aquifer

itself;

an

184

aquifer

containing

confined groundwater.

185

186

“Container” means

any

portable

device

in which

a

material

is

stored,

transported,

187

treated,

disposed

of,

or

otherwise

handled.

188

189

“Containment

building”

means

a hazardous

waste

management

unit

that

is used

to

190

store

or

treat

hazardous

waste

pursuant

to the

provisions

of Subpart DD

of 35

Iii.

191

Adm.

Code

724

and

Subpart DD

of 35

Iii.

Adm.

Code

725.

192

193

“Contingency plan”

means

a document

setting

out

an

organized,

planned

and

194

coordinated

course

of

action

to

be

followed

in case

of

a fire,

explosion,

or

release

195

of hazardous

waste

or

hazardous

waste

constituents

that

could

threaten

human

196

health

or

the environment.

197

198

“Corrosion

expert”

means

a

person

who,

by reason

of

knowledge

of the

physical

199

sciences

and the

principles

of

engineering

and

mathematics,

acquired

by a

200

professional

education

and

related

practical

experience,

is

qualified

to

engage

in

201

the

practice

of

corrosion

control

on

buried

or

submerged metal

piping

systems

and

202

metal

tanks.

Such

a

person

must

be

certified

as being

qualified

by

the

National

203

Association

of

Corrosion

Engineers

(NACE)

or be

a

registered

professional

204

engineer

who

has

certification

or licensing

that

includes

education

and

experience

205

in corrosion

control

on

buried

or submerged

metal

piping

systems

and

metal

206

tanks.

207

208

“CRT

collector”

means

a

person

who

receives

used,

intact

CRTs

for

recycling,

209

repair,

resale,

or

donation.

210

211

“CRT

glass

manufacturer”

means

an

operation

or

part

of an

operation

that

uses

a

212

furnace

to

manufacture

CRT

glass.

213

214

“CRT

processing”

means

conducting

all

of the

following activities:

215

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Receiving

broken

or

intact CRTs;

217

218

Intentionally

breaking

intact

CRTs or

further breaking

or

separating

219

broken

CRTs; and

220

221

Sorting

or otherwise

managing

glass

removed

from

CRT

monitors.

222

223

“Designated

facility”

means either

of the

following entities:

224

225

A

hazardous

waste treatment,

storage, or

disposal facility

that

has

been

226

designated

on the manifest

by the

generator,

pursuant

to

35

Ill.

Adm.

Code

227

722.120,

of

which

any

of the following

is

true:

228

229

The

facility

has

received

a RCRA

permit

(or

interim status)

230

pursuant

to 35

Iii.

Adm.

Code 702,

703,

and 705;

231

232

The

facility has

received

a RCRA permit

from

USEPA

pursuant

to

233

40 CFR

124

and

270 (2005);

234

235

The

facility

has received

a RCRA

permit

from

a state

authorized

236

by USEPA

pursuant

to 40 CFR

271 (2005);

or

237

238

The facility

is

regulated

pursuant

to 35

Ill. Adm.

Code

239

721 .106(c)(2)

or

Subpart

F of 35 Iii.

Adm. Code

266;

or

240

241

A generator

site

designated

by the

hazardous

waste generator

on

the

242

manifest

to receive

back

its own waste

as

a return

shipment

from

a

243

designated

hazardous

waste

treatment,

storage,

or

disposal

facility

that

has

244

rejected

the

waste

in

accordance

with

35

Iii. Adm. Code

724.172(f)

or

245

725.172(f).

246

247

If a

waste is

destined

to a facility

in

a state

other than

Illinois

that has been

248

authorized

by USEPA

pursuant

to 40 CFR

271,

but

which

has not

yet

obtained

249

authorization

to regulate

that

waste

as

hazardous,

then

the

designated

facility

must

250

be

a

facility allowed

by the

receiving

state

to accept

such

waste.

251

252

“Destination

facility”

means

a

facility that

treats,

disposes

of or

recycles

a

253

particular

category

of universal

waste,

except

those

management

activities

254

described

in 35

Ill. Adm. Code

733.113(a)

and (c)

and

733.133(a)

and

(c).

A

255

facility

at which a

particular

category

of universal

waste

is only

accumulated

is

256

not a

destination

facility

for

the purposes

of

managing

that

category of

universal

257

waste.

258

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‘Dike”

means an

embankment

or

ridge of either

natural

or manmade

materials

260

used

to prevent

the movement

of liquids,

sludges, solids,

or

other

materials.

261

262

“Dioxins

and

furans”

or “D/F”

means

tetra,

penta- ,

hexa- , hepta-

, and octa

263

chlorinated

dibenzo dioxins

and

furans.

264

265

“Director”

means

the Director

of the Illinois

Environmental

Protection

Agency.

266

267

“Discharge”

or “hazardous

waste

discharge”

means

the

accidental

or

intentional

268

spilling,

leaking,

pumping,

pouring, emitting,

emptying,

or

dumping

of hazardous

269

waste

into or on any

land

or

water.

270

271

“Disposal”

means

the discharge,

deposit,

injection,

dumping,

spilling,

leaking,

or

272

placing

of

any

solid

waste

or

hazardous

waste into

or on

any

land

or water

so

that

273

such

solid

waste or

hazardous

waste or

any constituent

thereof

may

enter the

274

environment

or

be emitted

into the air

or discharged

into any

waters,

including

275

groundwaters.

276

277

“Disposal

facility”

means

a

facility

or part of

a facility

at

which hazardous

waste

278

is

intentionally

placed into

or on

any

land

or

water

and

at

which

waste

will

remain

279

after

closure.

The

term

disposal

facility

does

not include

a corrective

action

280

management

unit (CAMU)

into which

remediation

wastes

are placed.

281

282

“Drip

pad”

means

an

engineered

structure

consisting

of a

curbed,

free-draining

283

base,

constructed

of

non-earthen

materials

and designed

to

convey preservative

284

kick-back

or drippage

from treated

wood,

precipitation

and surface

water runon

to

285

an

associated

collection

system

at wood

preserving

plants.

286

287

“Elementary

neutralization

unit” means

a device

of which the

following

is

true:

288

289

It

is

used

for neutralizing

wastes

that

are

hazardous

only because

they

290

exhibit the

corrosivity

characteristic

defined

in 35

Ill.

Adm.

Code 721.122

291

or

which are

listed

in Subpart

D of 35 Ill.

Adm. Code

721 only

for this

292

reason;

and

293

294

It

meets the

definition

of tank, tank

system,

container,

transport

vehicle,

295

or

vessel

in this Section.

296

297

“EPA

hazardous

waste number”

or

“USEPA

hazardous

waste

number”

means

the

298

number

assigned

by USEPA

to

each

hazardous

waste listed

in Subpart

D of

35 Ill.

299

Adm.

Code

721 and to

each characteristic

identified

in

Subpart C

of 35 Ill. Adm.

300

Code

721.

301

---

JCAR350720-08 1 5494r01

302

“EPA

identification

number”

or “USEPA identification

number” means

the

303

number assigned

by USEPA pursuant

to 35

Ill.

Adm.

Code

722

through

725

to

304

each

generator;

transporter;

and treatment, storage,

or disposal facility.

305

306

“EPA

region” or “USEPA

region” means

the

states

and territories

found in

any

307

one

of the following ten

regions:

308

309

Region I: Maine,

Vermont,

New Hampshire, Massachusetts,

Connecticut,

310

and

Rhode

Island.

311

312

Region II:

New

York, New

Jersey, Commonwealth

of Puerto Rico,

and

313

the U.S.

Virgin Islands.

314

315

Region

III: Pennsylvania, Delaware,

Maryland,

West

Virginia,

Virginia,

316

and the District

of

Columbia.

317

318

Region IV:

Kentucky,

Tennessee,

North

Carolina,

Mississippi, Alabama,

319

Georgia,

South Carolina,

and

Florida.

320

321

Region

V: Minnesota,

Wisconsin, Illinois,

Michigan,

Indiana,

and

Ohio.

322

323

Region VI: New Mexico,

Oklahoma,

Arkansas,

Louisiana,

and Texas.

324

325

Region

VII:

Nebraska, Kansas,

Missouri,

and Iowa.

326

327

Region VIII:

Montana,

Wyoming, North

Dakota,

South Dakota, Utah,

328

and Colorado.

329

330

Region

IX: California, Nevada,

Arizona,

Hawaii,

Guam, American

331

Samoa, and

Commonwealth

of the

Northern Mariana

Islands.

332

333

Region X:

Washington,

Oregon, Idaho,

and Alaska.

334

335

“Equivalent method”

means

any

testing or

analytical

method approved

by the

336

Board

pursuant

to Section 720.120.

337

338

“Existing

hazardous

waste

management

(HWM) facility”

or “existing facility”

339

means

a

facility

that

was

in operation

or for which

construction

commenced

on

or

340

before November

19,

1980.

A facility had

commenced construction

if

the owner

341

or operator

had obtained

the federal, State, and

local

approvals or permits

342

necessary

to begin physical

construction

and either

of the following had

occurred:

343

344

A continuous

on-site, physical construction

program had

begun;

or

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345

346

The

owner

or operator

had entered

into

contractual

obligations

that could

347

not be canceled

or modified

without

substantial

loss for

physical

348

construction

of the

facility to

be completed

within

a

reasonable

time.

349

350

“Existing

portion”

means

that

land surface

area

of an

existing

waste

management

351

unit,

included

in the original

Part A

permit application,

on

which wastes

have

352

been

placed

prior to the

issuance

of a permit.

353

354

“Existing tank

system”

or “existing

component”

means

a

tank system

or

355

component

that

is used

for the

storage

or

treatment of

hazardous

waste and

which

356

was in

operation,

or for

which installation

was

commenced,

on or

prior

to July 14,

357

1986.

Installation

will

be

considered

to have

commenced

if

the

owner or

operator

358

has

obtained

all federal,

State, and

local

approvals

or permits

necessary

to

begin

359

physical

construction

of the site

or

installation

of the

tank system

and if either

of

360

the

following

is true:

361

362

A continuous

on-site physical

construction

or

installation

program

has

363

begun;

or

364

365

The

owner

or operator

has entered

into contractual

obligations

that cannot

366

be canceled

or

modified

without

substantial

loss

for physical

construction

367

of the site

or installation

of the

tank system

to be

completed

within

a

368

reasonable

time.

369

370

“Explosives

or

munitions

emergency”

means

a situation

involving

the suspected

371

or

detected

presence of

unexploded

ordnance

(UXO),

damaged

or

deteriorated

372

explosives

or

munitions,

an

improvised

explosive

device

(lED),

other potentially

373

explosive material

or

device,

or

other

potentially

harmful

military

chemical

374

munitions

or

device,

that

creates

an

actual

or potential

imminent

threat to human

375

health, including

safety,

or

the

environment,

including

property, as

determined

by

376

an

explosives

or munitions

emergency

response

specialist.

Such situations

may

377

require

immediate

and

expeditious

action by

an explosives

or munitions

378

emergency

response

specialist

to control,

mitigate,

or

eliminate

the

threat.

379

380

“Explosives

or

munitions

emergency

response”

means

all

immediate

response

381

activities by

an explosives

and

munitions

emergency

response

specialist

to

382

control,

mitigate,

or

eliminate the

actual or

potential

threat

encountered

during

an

383

explosives

or munitions

emergency.

An

explosives

or

munitions

emergency

384

response

may include

in-place

render-safe

procedures,

treatment,

or destruction

of

385

the

explosives

or

munitions

or

transporting

those

items to

another

location

to be

386

rendered

safe, treated,

or destroyed.

Any

reasonable

delay

in

the

completion

of an

387

explosives

or

munitions

emergency

response

caused

by

a

necessary,

unforeseen,

---

JCAR350720-08

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388

or

uncontrollable

circumstance

will not

terminate

the

explosives

or

munitions

389

emergency.

Explosives

and

munitions

emergency

responses

can occur

on

either

390

public

or private

lands and

are not limited

to responses

at

RCRA

facilities.

391

392

“Explosives

or

munitions

emergency

response

specialist”

means

an individual

393

trained

in chemical

or conventional

munitions

or

explosives

handling,

394

transportation,

render-safe

procedures,

or destruction

techniques.

Explosives

or

395

munitions

emergency

response

specialists

include United

States

Department

of

396

Defense (USDOD)

emergency

explosive

ordnance

disposal

(EOD),

technical

397

escort unit

(TEU), and

USDOD-certified

civilian

or

contractor

personnel

and

398

other

federal,

State,

or local

government

or civilian

personnel

who are similarly

399

trained

in

explosives

or munitions

emergency

responses.

400

401

“Facility”

means the

following:

402

403

All

contiguous

land and

structures,

other appurtenances,

and

404

improvements

on the

land

used for

treating,

storing, or

disposing

of

405

hazardous

waste.

A facility

may

consist

of

several

treatment,

storage,

or

406

disposal

operational

units

(e.g.,

one or more

landfills,

surface

407

impoundments,

or

combinations

of them).

408

409

For the

purpose of

implementing

corrective

action

pursuant

to 35 Ill.

Adm.

410

Code

724.201 or

35

Ill. Adm.

Code 727.201,

all

contiguous

property

under

411

the

control of

the owner or

operator

seeking

a

permit

under

Subtitle

C

of

412

RCRA.

This

definition

also

applies

to facilities

implementing

corrective

413

action

pursuant

to

RCRA

section

3 008(h).

414

415

Notwithstanding

the

immediately-preceding

paragraph

of this definition,

a

416

remediation

waste management

site

is not

a facility

that

is subject

to 35

Ill.

417

Adm.

Code 724.201,

but

a facility

that is subject

to

corrective

action

418

requirements

if the site

is located

within such

a

facility.

419

420

“Federal

agency”

means

any

department,

agency, or

other

instrumentality

of

the

421

federal government,

any

independent

agency

or establishment

of

the

federal

422

government,

including

any government

corporation

and the Government

Printing

423

Office.

424

425

“Federal,

State, and

local

approvals

or permits

necessary

to

begin

physical

426

construction”

means

permits

and

approvals

required

under federal,

State,

or

local

427

hazardous

waste control

statutes,

regulations,

or ordinances.

428

429

“Final

closure”

means the

closure of

all hazardous

waste

management

units

at

the

430

facility

in accordance

with all

applicable

closure

requirements

so that

hazardous

---

JCAR350720-08

1

5494r01

431

waste

management

activities

pursuant

to 35 Ill.

Adm. Code

724 and

725

are

no

432

longer

conducted

at the

facility

unless

subject

to the

provisions

of

35 Ill.

Adm.

433

Code

722.134.

434

435

“Food-chain

crops” means

tobacco,

crops

grown for

human consumption,

and

436

crops

grown

for feed for

animals

whose products

are

consumed

by humans.

437

438

“Freeboard”

means

the vertical

distance

between the

top

of a

tank or

surface

439

impoundment

dike

and

the

surface

of the

waste

contained

therein.

440

441

“Free

liquids”

means

liquids

that

readily

separate

from the

solid portion

of a

442

waste

under

ambient

temperature

and pressure.

443

444

“Gasification”

means,

for the

purpose of

complying

with

35 Iii.

Adm.

Code

445

721.104(a)(12)(A), a

process conducted

in an enclosed

device

or

system

that

is

446

designed

and operated

to process

petroleum

feedstock,

including

oil-bearing

447

hazardous

secondary

materials,

through

a series

of highly controlled

steps

448

utilizing

thermal

decomposition,

limited

oxidation,

and

gas cleaning

to yield

a

449

synthesis

gas

composed

primarily

of

hydrogen and

carbon

monoxide

gas.

450

451

“Generator”

means

any

person,

by

site,

whose

act or

process

produces

hazardous

452

waste

identified

or listed

in

35

Ill. Adm.

Code

721 or

whose

act

first causes

a

453

hazardous

waste

to become

subject

to regulation.

454

455

“Groundwater”

means

water

below

the

land surface

in

a

zone

of saturation.

456

457

“Hazardous

waste”

means

a

hazardous waste

as

defined in

35

Iii. Adm.

Code

458

721.103.

459

460

“Hazardous

waste constituent”

means

a constituent

that

caused

the hazardous

461

waste to

be listed

in Subpart

D

of 35 Ill.

Adm.

Code 721,

or a

constituent

listed

in

462

35 Ill.

Adm.

Code 72

1.124.

463

464

“Hazardous

waste

management

unit” is

a

contiguous

area

of land

on or

in which

465

hazardous

waste is

placed, or

the largest

area

in which

there is

significant

466

likelihood

of mixing

hazardous

waste

constituents

in the same

area.

Examples

of

467

hazardous

waste management

units include

a surface

impoundment,

a waste

pile,

468

a land

treatment

area, a landfill

cell, an

incinerator,

a

tank

and

its associated

469

piping

and underlying

containment

system, and

a container

storage

area. A

470

container

alone

does not constitute

a unit;

the

unit includes

containers,

and the

471

land

or pad upon

which

they

are

placed.

472

473

“Inactive

portion”

means

that

portion

of a

facility that

is not

operated

after

---

JCAR350720-08

1 5494r01

474

November

19,

1980.

(See also

“active

portion”

and

“closed portion.”)

475

476

“Incinerator”

means

any

enclosed

device

of which

the

following

is true:

477

478

The

facility

uses controlled

flame

combustion,

and

both of the

following

479

are true of

the facility:

480

481

The facility

does not

meet the criteria

for

classification

as a

boiler,

482

sludge

dryer, or

carbon

regeneration

unit,

nor

483

484

The

facility

.is

not listed

as an

industrial

furnace; or

485

486

The facility

meets

the

definition

of infrared

incinerator

or

plasma arc

487

incinerator.

488

489

“Incompatible

waste” means

a

hazardous

waste

that is unsuitable

for

the

490

following:

491

492

Placement

in a

particular

device or facility

because

it may

cause

corrosion

493

or decay

of containment

materials

(e.g., container

inner

liners or tank

494

walls);

or

495

496

Commingling

with another

waste

or material

under uncontrolled

497

conditions

because

the commingling

might

produce

heat or pressure,

fire,

498

or explosion,

violent

reaction,

toxic dusts,

mists,

fumes

or gases,

or

499

flammable

fumes

or

gases.

500

501

(See Appendix

E to 35

Ill. Adm.

Code

724 and

Appendix

E to 35 Ill.

502

Adm.

Code 725 for

references

that list

examples.)

503

504

“Industrial

furnace”

means

any of the

following

enclosed

devices that

are integral

505

components

of manufacturing

processes

and that

use

thennal

treatment

to

506

accomplish

recovery

of materials

or

energy:

507

508

Cement kilns;

509

510

Lime

kilns;

511

512

Aggregate

kilns;

513

514

Phosphate

kilns;

515

516

Coke

ovens;

---

JCAR3

50720-081

5494r0

1

517

518

Blast furnaces;

519

520

Smelting,

melting

and

refining

furnaces

(including

pyrometallurgical

521

devices

such as cupolas,

reverberator

furnaces,

sintering

machines,

522

roasters,

and foundry

furnaces);

523

524

Titanium

dioxide

chloride

process oxidation

reactors;

525

526

Methane

refonning

furnaces;

527

528

Pulping

liquor

recovery

furnaces;

529

530

Combustion

devices

used

in the

recovery of

sulfur values

from spent

531

sulfuric

acid;

532

533

Halogen

acid

furnaces

(HAFs) for

the production

of acid

from

halogenated

534

hazardous

waste

generated

by chemical

production

facilities

where

the

535

furnace

is located

on

the

site of a

chemical

production

facility,

the acid

536

product has

a halogen

acid content

of at least

three

percent,

the

acid

537

product

is used in a

manufacturing

process,

and,

except

for hazardous

538

waste

burned as

fuel,

hazardous

waste

fed to the

furnace has

a minimum

539

halogen

content

of 20

percent,

as generated;

and

540

541

Any

other

such

device as

the Agency

detennines

to be an

industrial

542

furnace

on the

basis

of

one or more

of the following

factors:

543

544

The

design

and

use of the

device

primarily

to accomplish

recovery

545

of

material

products;

546

547

The

use of the

device

to

burn or reduce

raw

materials

to make

a

548

material

product;

549

550

The use

of the device

to burn

or reduce

secondary

materials

as

551

effective

substitutes

for raw

materials,

in

processes

using

raw

552

materials

as

principal

feedstocks;

553

554

The use

of

the

device

to

burn or reduce

secondary

materials

as

555

ingredients

in

an industrial

process

to

make a material

product;

556

557

The use of

the

device

in common

industrial

practice

to produce

a

558

material

product;

and

559

---

JCAR350720-08

1 5494r01

560

Other

relevant

factors.

561

562

“Individual

generation

site”

means the

contiguous

site

at

or on

which

one or

more

563

hazardous

wastes are

generated.

An

individual

generation

site, such as

a large

564

manufacturing

plant,

may

have

one or more

sources

of

hazardous

waste

but

is

565

considered

a single

or individual

generation

site

if the

site

or property

is

566

contiguous.

567

568

“Infrared

incinerator”

means

any

enclosed

device

that

uses

electric

powered

569

resistance

heaters

as a

source of

radiant heat

followed

by

an afterburner

using

570

controlled

flame

combustion

and which

is

not listed

as an

industrial

furnace.

571

572

“Inground

tank”

means

a

device meeting

the definition

of

tank

whereby a

portion

573

of the

tank wall

is

situated

to any

degree within

the ground,

thereby

preventing

574

visual

inspection

of that

external surface

area

of the

tank

that is

in the ground.

575

576

“In

operation”

refers to

a facility

that

is treating,

storing,

or

disposing

of

577

hazardous

waste.

578

579

“Injection well”

means

a

well into

which

fluids are

being

injected.

(See

also

580

“underground

injection.”)

581

582

“Inner liner”

means

a continuous

layer

of material

placed

inside

a tank

or

583

container

that

protects

the

construction

materials

of

the

tank

or container

from

the

584

contained

waste

or

reagents

used

to treat the

waste.

585

586

“Installation

inspector”

means

a

person

who,

by reason

of

knowledge

of

the

587

physical

sciences

and the

principles

of engineering,

acquired

by

a professional

588

education and

related

practical experience,

is qualified

to

supervise

the

589

installation

of

tank systems.

590

591

“International

shipment”

means the

transportation

of

hazardous

waste

into

or out

592

of

the

jurisdiction

of the

United States.

593

594

“Lamp”

or “universal

waste

lamp”

means the

bulb

or

tube

portion

of an electric

595

lighting

device.

A lamp

is specifically

designed

to produce

radiant

energy,

most

596

often

in the

ultraviolet,

visible, or

infrared regions

of

the

electromagnetic

597

spectrum.

Examples

of

common

universal

waste lamps

include,

but

are not

598

limited

to,

fluorescent,

high

intensity

discharge,

neon,

mercury

vapor,

high

599

pressure

sodium, and

metal halide

lamps.

600

601

“Land

treatment

facility”

means

a facility

or part

of a facility

at

which

hazardous

602

waste is

applied onto

or

incorporated

into

the

soil surface;

such

facilities

are

---

JCAR350720-08

1

5494r01

603

disposal

facilities if the waste

will

remain

after closure.

604

605

“Landfill” means

a disposal

facility or part

of a facility where

hazardous waste

is

606

placed

in or on land and

which

is not

a pile, a land treatment

facility,

a surface

607

impoundment, an

underground injection

well,

a salt dome

formation,

a salt

bed

608

formation, an

underground

mine, a

cave, or a corrective

action management

unit

609

(CAMU).

610

611

“Landfill

cell”

means

a discrete

volume

of a

hazardous

waste landfill

that uses

a

612

liner

to

provide

isolation

of

wastes from adjacent

cells or wastes. Examples

of

613

landfill cells

are

trenches

and pits.

614

615

“LDS” means

leak

detection system.

616

617

“Leachate”

means

any

liquid,

including

any

suspended components

in the liquid,

618

that has

percolated

through

or drained from hazardous

waste.

619

620

“Liner”

means a

continuous

layer

of natural or manmade

materials

beneath or on

621

the

sides

of

a

surface impoundment,

landfill,

or landfill cell

that

restricts

the

622

downward

or

lateral

escape

of hazardous waste,

hazardous waste

constituents,

or

623

leachate.

624

625

“Leak-detection

system”

means

a system

capable

of detecting the

failure

of either

626

the

primary

or

secondary

containment

structure or the

presence of

a

release

of

627

hazardous waste

or accumulated liquid

in the secondary

containment

structure.

628

Such a system

must

employ operational

controls

(e.g., daily visual

inspections for

629

releases

into the

secondary

containment

system of

aboveground

tanks)

or

consist

630

of

an interstitial

monitoring device

designed

to detect continuously

and

631

automatically

the

failure

of

the primary or secondary

containment

structure

or the

632

presence of

a release of hazardous

waste

into

the secondary containment

structure.

633

634

“Management”

or

“hazardous

waste

management”

means the systematic

control

635

of the

collection,

source separation,

storage, transportation,

processing,

treatment,

636

recovery,

and disposal of hazardous

waste.

637

638

“Manifest”

means the shipping

document

USEPA

Form 8700-22

(including,

if

639

necessary,

USEPA

Form

8700-22A)

originated and

signed by

the

generator

or

640

offeror

that

contains the information

required

by

Subpart

B of 35 Ill.

Adm.

Code

641

722 and

the applicable requirements

of 35

Ill. Adm. Code 722

through

727.

642

643

“Manifest tracking

number”

means the alphanumeric

identification

number (i.e.,

a

644

unique three letter

suffix

preceded

by

nine numerical

digits)

that

is

pre-printed

in

645

Item 4 of the

manifest

by a registered

source.

---

JCAR350720-0815494r01

646

647

“Mercury-containing

equipment”

means a

device

or part

of a device

(including

648

thermostats,

but excluding

batteries

and

lamps)

that

contains

elemental mercury

649

integral to

its function.

650

651

“Military

munitions”

means

all ammunition

products

and

components

produced

or

652

used

by

or for the

United

States

Department

of

Defense

or the United

States

653

Armed

Services

for national

defense

and security,

including

military

munitions

654

under

the

control

of the

United States

Department

of

Defense

(USDOD),

the

655

United

States Coast

Guard,

the

United

States

Department

of Energy

(USDOE),

656

and

National

Guard personnel.

The

term military

munitions

includes:

confined

657

gaseous,

liquid,

and

solid

propellants,

explosives,

pyrotechnics,

chemical

and

riot

658

control

agents,

smokes,

and incendiaries

used

by USDOD

components,

including

659

bulk

explosives

and

chemical

warfare

agents,

chemical

munitions,

rockets,

guided

660

and

ballistic missiles,

bombs,

warheads,

mortar

rounds, artillery

ammunition,

661

small

arms

ammunition,

grenades,

mines,

torpedoes,

depth

charges,

cluster

662

munitions

and

dispensers,

demolition

charges,

and devices

and components

of

663

these

items and

devices. Military

munitions

do not include

wholly

inert items,

664

improvised

explosive

devices,

and

nuclear

weapons,

nuclear

devices,

and

nuclear

665

components

of these items

and devices.

However,

the term

does

include

non-

666

nuclear

components

of nuclear

devices, managed

under USDOE’s

nuclear

667

weapons program

after all

sanitization

operations

required under

the Atomic

668

Energy

Act

of 1954

(42

USC

2014

et

seq.), as amended,

have

been completed.

669

670

“Mining

overburden

returned

to

the mine

site”

means any

material

overlying

an

671

economic

mineral

deposit

that is removed

to gain

access

to that deposit

and

is

672

then

used

for reclamation

of a

surface

mine.

673

674

“Miscellaneous

unit”

means

a

hazardous

waste

management

unit where

hazardous

675

waste

is treated,

stored,

or disposed

of and that

is

not

a

container;

tank;

surface

676

impoundment;

pile;

land

treatment

unit;

landfill;

incinerator;

boiler;

industrial

677

furnace;

underground

injection

well

with appropriate

technical

standards

pursuant

678

to

35

Ill. Adm.

Code

730;

containment

building;

corrective

action

management

679

unit

(CAMU);

unit eligible

for a

research,

development,

and demonstration

permit

680

pursuant

to 35 Ill.

Adm.

Code

703.23

1;

or staging

pile.

681

682

“Movement”

means

hazardous

waste

that

is

transported

to a

facility

in an

683

individual

vehicle.

684

685

“New

hazardous

waste

management

facility”

or “new

facility”

means

a facility

686

that

began operation,

or for

which

construction

commenced

after

November

19,

687

1980. (See

also “Existing

hazardous

waste

management

facility.”)

688

---

JCAR350720-08

1 5494r01

689

“New

tank system”

or “new

tank component”

means

a

tank

system

or

component

690

that

will be

used for the

storage or

treatment

of hazardous

waste and

for

which

691

installation

commenced

after July

14,

1986;

except,

however,

for

purposes

of 35

692

Ill.

Adm. Code

724.293(g)(2)

and

725.293(g)(2),

a new

tank

system is one

for

693

which

construction

commenced

after July

14, 1986.

(See

also

“existing

tank

694

system.”)

695

696

“Onground

tank”

means

a

device

meeting

the

definition

of tank

that

is situated

in

697

such

a way that

the

bottom

of

the tank

is on the

same

level

as the adjacent

698

surrounding

surfaces so

that the external

tank

bottom

cannot

be visually

699

inspected.

700

701

“On-site”

means

the

same

or

geographically

contiguous

property

that

may

be

702

divided

by public

or private

right-of-way,

provided

the

entrance

and

exit between

703

the

properties

is

at a crossroads

intersection

and

access

is

by

crossing

as

opposed

704

to

going

along

the right-of-way.

Noncontiguous

properties

owned

by

the same

705

person

but connected

by a

right-of-way

that the

owner controls

and

to

which

the

706

public

does not

have access

is also

considered

on-site property.

707

708

“Open

burning”

means

the

combustion

of any

material

without

the following

709

characteristics:

710

711

Control of

combustion

air

to maintain

adequate

temperature

for

efficient

712

combustion;

713

714

Containment

of the

combustion

reaction

in an

enclosed

device

to

provide

715

sufficient

residence

time and

mixing for

complete

combustion;

and

716

717

Control

of emission

of the gaseous

combustion

products.

718

719

(See also

“incineration”

and

“thermal

treatment.”)

720

721

“Operator”

means

the person

responsible

for the

overall operation

of

a facility.

722

723

“Owner”

means

the person

that

owns

a facility

or part of

a

facility.

724

725

“Partial

closure”

means

the

closure

of a hazardous

waste

management

unit in

726

accordance

with

the applicable

closure

requirements

of

35

Ill.

Adm.

Code 724

or

727

725

at a facility

that

contains

other

active

hazardous

waste

management

units.

728

For

example,

partial closure

may

include the

closure

of a

tank (including

its

729

associated

piping

and

underlying

containment

systems),

landfill

cell, surface

730

impoundment,

waste

pile, or

other

hazardous

waste

management

unit, while

other

731

units

of the

same

facility

continue

to

operate.

---

JCAR350720-08

1

5494r01

732

733

“Performance

Track member

facility” means a facility

that

has

been accepted

by

734

USEPA for

membership

in the National

Environmental

Performance

Track

735

Program

(Program)

and which

is still a member

of that Program.

The National

736

Environmental

Performance

Track

Program

is a voluntary, facility-based,

737

program

for top environmental

performers.

A program member

must demonstrate

738

a

good record of compliance

and past

success in achieving

environmental

goals,

739

and it must

commit to future

specific quantified

environmental

goals,

740

environmental

management

systems,

local

community outreach,

and

annual

741

reporting of

measurable

results.

742

BOARD

NOTE:

The National

Environmental

Performance

Track program

is

743

operated

exclusively

by USEPA. USEPA

established

the program in 2000

(see

744

65 Fed. Reg.

41655 (July

6,

2000))

and

amended it in 2004

(see 69

Fed. Reg.

745

27922 (May 17, 2004)).

USEPA confers

membership

in the program on

746

application

of

interested

and eligible

entities. Information

about

the

program

is

747

available from a

website

maintained

by

USEPA:

www.epa.gov/

748

performancetrack.

749

750

“Person” means

an individual,

trust,

firm, joint stock

company,

federal

agency,

751

corporation (including

a government

corporation), partnership,

association,

state,

752

municipality, commission,

political

subdivision of

a state, or

any

interstate

body.

753

754

“Personnel”

or

“facility

personnel”

means

all persons who work

at or

oversee

the

755

operations

of a

hazardous

waste facility and whose

actions

or failure to act may

756

result in

noncompliance with

35 Ill. Adm.

Code 724

or

725.

757

758

“Pesticide” means

any

substance or mixture

of substances

intended for

759

preventing,

destroying,

repelling,

or

mitigating any pest

or intended

for use

as a

760

plant regulator, defoliant,

or desiccant,

other than any

article that fulfills one

of

761

the

following descriptions:

762

763

It is a new

animal

drug

under

section 20 1(v) of the

Federal

Food, Drug

764

and Cosmetic

Act (FFDCA; 21

USC

32

1(v)),

incorporated by

reference

in

765

Section 720.111(c);

766

767

It is an

animal drug

that

has been

determined

by

regulation

of

the federal

768

Secretary of

Health and Human

Services pursuant

to FFDCA section

512

769

(21

USC

360b), incorporated

by

reference

in Section

720.111(c),

to

be an

770

exempted

new

animal

drug;

or

771

772

It is

an animal feed under

FFDCA

section

201(w) (21

USC

321(w)),

773

incorporated by reference

in Section 720.111(c),

that bears

or

contains

any

774

substances

described

in either of the two

preceding paragraphs

of this

---

JCAR350720-08

1

5494r01

775

definition.

776

BOARD

NOTE:

The

second

exception

of corresponding

40 CFR

260.10

777

reads

as follows:

“Is an

animal

drug

that

has

been

determined

by

778

regulation

of the

Secretary

of Health

and Human

Services

not to

be a new

779

animal

drug.”

This is

very

similar

to the language

of section

2(u) of

the

780

Federal

Insecticide,

Fungicide,

and Rodenticide

Act

(FIFRA;

7

Usc

781

136(u)).

The

three exceptions,

taken together,

appear intended

not to

782

include as

pesticide any

material

within the

scope of

federal Food

and

783

Drug

Administration

regulation.

The Board

codified

this provision

with

784

the intent

of retaining

the same

meaning

as its

federal

counterpart

while

785

adding

the

definiteness

required

under Illinois

law.

786

787

“Pile”

means

any

noncontainerized

accumulation

of solid,

non-flowing

hazardous

788

waste

that is used

for treatment

or storage,

and

that

is not

a containment

building.

789

790

“Plasma

arc incinerator”

means

any enclosed

device

that

uses

a high intensity

791

electrical

discharge

or arc

as

a

source

of heat followed

by

an

afterburner

using

792

controlled

flame combustion

and which

is not

listed as an

industrial

furnace.

793

794

“Point

source”

means any

discernible,

confined,

and discrete

conveyance,

795

including,

but

not

limited

to, any

pipe,

ditch,

channel,

tunnel, conduit,

well,

796

discrete

fissure,

container,

rolling

stock,

concentrated

animal feeding

operation,

or

797

vessel or other

floating

craft

from

which

pollutants

are or

may

be

discharged.

798

This

term

does not include

return

flows from

irrigated

agriculture.

799

800

“Publicly

owned

treatment

works” or

“POTW” is

as defined

in 35 Ill.

Adm.

Code

801

310.110.

802

803

“Qualified

groundwater

scientist”

means

a scientist

or

engineer

who

has received

804

a

baccalaureate

or postgraduate

degree

in the natural

sciences

or engineering,

and

805

has

sufficient

training

and

experience

in

groundwater

hydrology

and related

806

fields,

as demonstrated

by

state registration,

professional

certifications,

or

807

completion

of accredited

university

courses

that

enable

the individual

to

make

808

sound

professional

judgments

regarding groundwater

monitoring

and

contaminant

809

rate

and

transport.

810

BOARD

NOTE:

State

registration

includes,

but

is not

limited

to, registration

as a

811

professional

engineer

with

the

Department

of

Professional

Regulation,

pursuant

to

812

225

ILCS 325 and

68 Ill. Adm.

Code

1380. Professional

certification

includes,

813

but

is not limited

to, certification

under

the certified

groundwater

professional

814

program

of

the National

Ground

Water

Association.

815

816

“RCRA”

means

the Solid

Waste

Disposal Act,

as

amended

by the

Resource

817

Conservation

and Recovery

Act

of 1976,

as amended

(42 USC

6901

et seq.).

---

JCAR350720-08

1

5494r01

818

819

“RCRA

standardized

permit”

means a RCRA

permit issued pursuant

to Subpart

J

820

of

35 Iii. Adm. Code

703 and

Subpart

G

of 35

Ill.

Adm.

Code

702

that

authorizes

821

management

of

hazardous waste.

The

RCRA

standardized

permit

may

have

two

822

parts:

a uniform portion

issued in all cases

and a supplemental

portion issued

at

823

the discretion of

the Agency.

824

825

“Regional Administrator”

means

the

Regional Administrator

for the USEPA

826

region in

which

the facility is located

or the

Regional

Administrator’s designee.

827

828

“Remediation

waste”

means all solid

and hazardous wastes,

and all

media

829

(including

groundwater,

surface

water, soils, and sediments)

and

debris

that

are

830

managed for implementing

cleanup.

831

832

“Remediation

waste

management site”

means

a facility

where

an

owner

or

833

operator

is

or

will

be treating,

storing,

or disposing of

hazardous remediation

834

wastes. A

remediation

waste management

site is

not a facility that is subject

to

835

corrective

action

pursuant

to 35

Ill. Adm. Code 724.201,

but a

remediation

waste

836

management

site

is subject to corrective

action

requirements

if the site

is located

837

in such a facility.

838

839

“Replacement

unit” means

a landfill, surface

impoundment,

or waste

pile unit

840

from

which

all or

substantially

all of the

waste

is

removed,

and

which is

841

subsequently

reused to

treat,

store, or

dispose of hazardous

waste. Replacement

842

unit does not include

a unit from which waste

is removed

during closure, if

the

843

subsequent reuse

solely

involves the

disposal

of waste

from that unit

and

other

844

closing units

or

corrective

action

areas at the facility,

in accordance

with

a

closure

845

or corrective action

plan approved

by

USEPA

or

the Agency.

846

847

“Representative

sample” means a sample

of a universe

or whole (e.g., waste

pile,

848

lagoon,

groundwater)

that

can

be

expected to exhibit

the

average

properties

of the

849

universe or whole.

850

851

“Runoff’ means

any

rainwater, leachate,

or other

liquid that

drains over

land

from

852

any part of

a

facility.

853

854

“Runon” means

any

rainwater,

leachate,

or other liquid

that

drains over land

onto

855

any part

of a

facility.

856

857

“Saturated

zone”

or

“zone of

saturation” means that

part of the

earth’s

crust

in

858

which

all voids

are filled

with water.

859

860

“SIC

code” means “Standard

Industrial Classification

code,”

as

assigned

to

a site

---

JCAR350720-08

1 5494r01

861

by

the

United States

Department

of Transportation,

Federal Highway

862

Administration,

based

on

the

particular

activities

that occur

on the

site, as set

forth

863

in its

publication

“Standard

Industrial

Classification

Manual,”

incorporated

by

864

reference

in Section

720.111(a).

865

866

“Sludge”

means

any solid,

semi-solid,

or liquid

waste

generated from

a

municipal,

867

commercial,

or

industrial

wastewater

treatment

plant,

water supply

treatment

868

plant,

or air

pollution

control

facility,

exclusive

of

the

treated effluent

from

a

869

wastewater

treatment

plant.

870

871

“Sludge dryer”

means

any enclosed

thermal

treatment

device that

is

used

to

872

dehydrate

sludge

and which

has a total

thermal

input,

excluding

the heating

value

873

of the

sludge

itself,

of 2,500 Btu/lb

or less

of

sludge

treated on

a wet-weight

basis.

874

875

“Small

quantity

generator”

means

a generator

that generates

less

than

1,000 kg

of

876

hazardous

waste

in

a calendar

month.

877

878

“Solid

waste”

means

a solid

waste as defined

in 35

Ill. Adm.

Code 72 1.102.

879

880

“Sorbent”

means

a material

that

is used

to

soak

up free

liquids

by either

881

adsorption

or absorption,

or

both. “Sorb”

means

to

either adsorb

or absorb,

or

882

both.

883

884

“Staging

pile”

means

an

accumulation

of

solid,

non-flowing

“remediation

waste”

885

(as

defined

in this Section)

that

is

not

a

containment

building

and

that is

used

only

886

during

remedial

operations

for

temporary

storage

at a

facility.

Staging

piles must

887

be

designated

by

the Agency

according

to 35 Ill. Adm.

Code

724.654.

888

889

“State”

means

any

of the

several

states,

the District

of Columbia,

the

890

Commonwealth

of Puerto

Rico,

the

Virgin

Islands,

Guam,

American

Samoa,

and

891

the

Commonwealth

of the Northern

Mariana

Islands.

892

893

“Storage”

means

the

holding

of

hazardous

waste for

a

temporary

period,

at the

end

894

of

which

the hazardous

waste

is

treated, disposed

of, or

stored elsewhere.

895

896

“Sump”

means

any

pit

or reservoir

that meets

the definition

of tank

and those

897

troughs

or

trenches

connected

to it that

serve to collect

hazardous

waste

for

898

transport

to hazardous

waste storage,

treatment,

or

disposal

facilities;

except that,

899

as

used

in the landfill,

surface

impoundment,

and waste

pile rules,

sump

means

900

any

lined

pit or

reservoir that

serves to

collect liquids

drained

from a leachate

901

collection

and

removal system

or leak

detection

system for

subsequent

removal

902

fromthe

system.

903

---

JCAR350720-08 1 5494r01

904

“Surface

impoundment”

or “impoundment”

means

a

facility

or part

of a

facility

905

that is

a natural

topographic

depression,

manmade

excavation,

or

diked

area

906

formed

primarily

of earthen

materials

(although

it may

be

lined

with

manmade

907

materials)

that

is

designed

to

hold

an

accumulation

of liquid

wastes

or

wastes

908

containing free liquids

and

which

is

not

an injection

well.

Examples

of

surface

909

impoundments

are

holding,

storage,

settling

and

aeration

pits,

ponds,

and

lagoons.

910

911

“Tank”

means

a

stationary

device,

designed

to

contain

an accumulation of

912

hazardous

waste

that is

constructed

primarily

of

nonearthen

materials

(e.g.,

wood,

913

concrete,

steel,

plastic)

that

provide

structural

support.

914

915

“Tank

system”

means

a hazardous

waste

storage

or

treatment

tank and

its

916

associated

ancillary

equipment

and containment system.

917

918

“TEQ”

means

toxicity

equivalence,

the

international

method

of relating

the

919

toxicity

of various

dioxin

and

furan

congeners

to the

toxicity

of 2,3,7,8-tetra-

920

chlorodibenzo-p-dioxin.

921

922

“Thermal

treatment”

means

the

treatment

of

hazardous

waste

in a

device

that

uses

923

elevated

temperatures

as the

primary

means

to change

the

chemical,

physical,

or

924

biological

character

or composition

of

the

hazardous

waste.

Examples

of

thermal

925

treatment

processes

are incineration, molten

salt,

pyrolysis,

calcination,

wet air

926

oxidation,

and

microwave

discharge.

(See

also “incinerator”

and

“open

burning.”)

927

928

“Thermostat”

means

a temperature

control

device

that

contains

metallic

mercury

929

in

an ampule

attached

to

a bimetal

sensing

element

and

mercury-containing

930

ampules

that have

been removed

from

such

a temperature

control

device

in

931

compliance

with

35

Ill.

Adm.

Code 733.1

13(c)(2)

or

733.133(c)(2).

932

933

“Totally

enclosed

treatment

facility”

means

a

facility

for

the

treatment

of

934

hazardous

waste

that is

directly

connected

to an

industrial

production

process

and

935

which

is

constructed

and

operated

in

a

manner

that

prevents

the release

of any

936

hazardous

waste

or

any constituent

thereof

into

the

environment

during

treatment.

937

An

example

is a

pipe in

which

waste

acid

is

neutralized.

938

939

“Transfer

facility”

means

any transportation

related

facility,

including

loading

940

docks,

parking

areas,

storage

areas,

and

other

similar

areas where

shipments

of

941

hazardous

waste

are held

during

the

normal

course

of

transportation.

942

943

“Transport

vehicle”

means a

motor

vehicle

or rail

car

used for

the transportation

944

of

cargo

by

any mode.

Each

cargo-carrying

body

(trailer,

railroad

freight

car,

945

etc.) is

a separate

transport

vehicle.

946

---

JCAR350720-081

5494r01

947

“Transportation”

means

the movement

of hazardous

waste

by air, rail,

highway,

or

948

water.

949

950

“Transporter”

means a

person engaged

in the

off-site transportation

of

hazardous

951

waste

by air,

rail, highway,

or

water.

952

953

“Treatability

study”

means

the

following:

954

955

A

study in which

a

hazardous

waste is subjected

to

a treatment

process

to

956

determine

the following:

957

958

Whether

the waste

is amenable

to the

treatment

process;

959

960

What

pretreatment

(if any)

is required;

961

962

The

optimal process

conditions

needed

to

achieve

the

desired

963

treatment;

964

965

The

efficiency

of

a treatment

process

for

a

specific

waste

or

966

wastes;

and

967

968

The characteristics

and

volumes

of

residuals

from

a particular

969

treatment

process;

970

971

Also included

in this

definition

for the purpose

of

35 Iii.

Adm. Code

972

721.104(e)

and (f)

exemptions

are liner compatibility,

corrosion

and

other

973

material compatibility

studies, and

toxicological

and health

effects

studies.

974

A

treatability

study

is not a means

to commercially

treat or dispose

of

975

hazardous

waste.

976

977

“Treatment”

means

any

method,

technique,

or process,

including

neutralization,

978

designed

to

change

the physical,

chemical,

or biological

character

or composition

979

of

any

hazardous

waste

so

as

to

neutralize

the waste,

recover

energy or material

980

resources

from the

waste, or

render

the

waste

non-hazardous

or

less

hazardous;

981

safer

to

transport,

store, or dispose

of; or

amenable

for recovery,

amenable

for

982

storage,

or

reduced

in volume.

983

984

“Treatment

zone”

means a

soil area of

the unsaturated

zone

of a land treatment

985

unit

within

which

hazardous

constituents

are degraded,

transformed,

or

986

immobilized.

987

988

“Underground

injection”

means

the

subsurface

emplacement

of fluids

through

a

989

bored,

drilled,

or driven

well or

through

a

dug well,

where

the depth

of

the

dug

---

JCAR350720-081

5494r01

990

well

is greater than

the largest

surface

dimension.

(See

also

“injection

well.”)

991

992

“Underground

tank”

means

a

device meeting

the

definition

of tank

whose entire

993

surface

area is

totally below

the

surface

of and

covered

by

the ground.

994

995

“Unfit-for-use

tank

system” means

a tank

system that

has been

determined,

996

through

an

integrity assessment

or

other inspection,

to be

no longer

capable

of

997

storing

or

treating hazardous

waste

without

posing

a

threat of release

of

hazardous

998

waste

to the

environment.

999

1000

“United

States” means

the 50

states, the

District of

Columbia,

the

Commonwealth

1001

of

Puerto

Rico, the

U.S. Virgin

Islands, Guam,

American

Samoa,

and

the

1002

Commonwealth

of

the Northern

Mariana

Islands.

1003

1004

“Universal

waste”

means any

of

the

following

hazardous

wastes

that

are

managed

1005

pursuant

to the universal

waste

requirements

of

35 Ill.

Adm. Code

733:

1006

1007

Batteries,

as

described

in

35 III. Adm.

Code

733.102;

1008

1009

Pesticides,

as described

in

35

Ill. Adm. Code

733.103;

1010

1011

Mercury-containing

equipment,

as described

in

35

Ill.

Adm.

Code

1012

733.104;

and

1013

1014

Lamps,

as described

in

35 Ill. Adm.

Code

733.105.

1015

1016

“Universal

waste handler”

means

either

of

the following:

1017

1018

A

generator

(as defined

in this

Section)

of

universal

waste;

or

1019

1020

The

owner or

operator

of a facility,

including

all

contiguous

property,

that

1021

receives

universal

waste

from

other

universal

waste handlers,

accumulates

1022

the

universal

waste,

and

sends that

universal

waste to another

universal

1023

waste

handler,

to a

destination

facility,

or

to

a

foreign

destination.

1024

1025

“Universal

waste

handler”

does

not mean either

of the

following:

1026

1027

A person

that

treats (except

under the

provisions

of Section

1028

733.113(a)

or (c)

or

733.133(a)

or(c)),

disposes

of, or recycles

1029

universal

waste;

or

1030

1031

A person

engaged in

the off-site

transportation

of universal

waste

1032

by air, rail,

highway,

or water,

including

a

universal

waste

transfer

---

JCAR350720-08

1 5494r01

1033

facility.

1034

1035

“Universal

waste transporter”

means

a

person

engaged in

the off-site

1036

transportation

of

universal waste

by air,

rail, highway,

or water.

1037

1038

“Unsaturated

zone”

or “zone of aeration”

means the zone

between

the

land

surface

1039

and the

water table.

1040

1041

“Uppermost

aquifer”

means the

geologic formation

nearest

the

natural

ground

1042

surface that

is an

aquifer,

as well

as lower

aquifers

that are hydraulically

1043

interconnected

with

this aquifer

within the

facility’s

property

boundary.

1044

1045

“USDOT” or “Department

of Transportation”

means

the

United

States

1046

Department

of

Transportation.

1047

1048

“Used oil”

means

any

oil

that has

been refined

from crude oil, or any

synthetic

oil,

1049

that has been used

and as a result

of such use is contaminated

by

physical

or

1050

chemical

impurities.

1051

1052

“USEPA”

or ‘T

EPA” means the

United States

Environmental

Protection Agency.

1053

1054

“Vessel”

includes

every

description

of watercraft

used or capable

of

being

used

as

1055

a

means of

transportation

on the water.

1056

1057

“Wastewater treatment

unit”

means

a device of which

the following

is true:

1058

1059

It is

part of

a wastewater

treatment

facility

that has an

NPDES

permit

1060

pursuant

to 35 Iii. Adm.

Code

309 or a pretreatment

permit

or

1061

authorization

to discharge

pursuant

to

35 Ill. Adm. Code

310;

1062

1063

It receives

and

treats

or stores

an influent

wastewater that

is a

hazardous

1064

waste

as

defined in 35 Ill.

Adm. Code 721.103,

or

generates

and

1065

accumulates

a wastewater

treatment

sludge

that

is a hazardous

waste

as

1066

defined

in 35 Ill. Adm.

Code 721.103, or treats

or stores

a

wastewater

1067

treatment

sludge

that

is a

hazardous waste

as defined in 35

Ill. Adm. Code

1068

721.103;

and

1069

1070

It meets

the definition

of tank or tank

system in this Section.

1071

1072

“Water

(bulk shipment)” means

the

bulk

transportation

of hazardous

waste that is

1073

loaded

or carried

on

board

a vessel without containers

or labels.

1074

1075

“Well”

means

any

shaft

or

pit dug or

bored into the

earth,

generally

of

a

---

JCAR350720-08

15494r01

1076

cylindrical form,

and often walled with

bricks or

tubing to prevent the

earth

from

1077

caving in.

1078

1079

“Well injection”

(See “underground

injection.”)

1080

1081

“Zone of

engineering

control”

means an

area

under the control

of the owner

or

1082

operator

that, upon detection

of a hazardous

waste release, can

be readily

cleaned

1083

up

prior to the release of

hazardous

waste or hazardous constituents

to

1084

groundwater

or

surface

water.

1085

1086

(Source:

Amended

at 33 Ill.

Reg.

effective

1087

1088

Section

720.111

References

1089

1090

The

following

documents

are

incorporated

by reference

for the

purposes of

this Part and 35

Ill.

1091

Adm. Code

702

through 705, 721 through

728,

730,

733,

738,

and 739:

1092

1093

a)

Non-Regulatory

Government

Publications

and Publications

of Recognized

1094

Organizations and

Associations:

1095

1096

ACT. Available

from the

American Concrete

Institute,

Box

19150,

1097

Redford

Station, Detroit,

Michigan 48219:

1098

1099

ACT 318-83:

“Building Code

Requirements for

Reinforced

1100

Concrete,”

adopted November

1983,

referenced

in 35 Ill. Adm.

1101

Code

724.673 and 725.543.

1102

1103

ANSI. Available

from the American

National Standards

Institute,

1430

1104

Broadway, New

York, New

York 10018, 212-354-3300:

1105

1106

See

ASME/ANSI B3

1.3 and B3

1.4

and supplements

below

in this

1107

subsection

(a) under ASME.

1108

1109

API. Available

from the American

Petroleum Institute,

1220

L Street,

1110

N.W., Washington,

D.C. 20005,

202-682-8000:

1111

1112

“Cathodic Protection

of Underground

Petroleum

Storage

Tanks

and

Piping

1113

Systems,” API

Recommended

Practice

1632,

Second

Edition,

December

1114

1987, referenced

in

35

Iii. Adm.

Code

724.292, 724.295,

725.292,

and

1115

725.295.

1116

1117

“Evaporative

Loss

from External Floating-Roof

Tanks,” API

publication

1118

2517, Third Edition,

February

1989,

USEPA-approved

for 35

Ill. Adm.

---

JCAR350720-08

1 5494r01

1119

Code725.984.

1120

1121

“Guide

for Inspection

of

Refinery

Equipment,”

Chapter

XIII,

1122

“Atmospheric

and Low

Pressure

Storage

Tanks,”

4

th

Edition,

1981,

1123

reaffirmed

December

1987, referenced

in

35 Iii.

Adm.

Code

724.291,

1124

724.293,

725.291,

and

725.292.

1125

1126

“Installation

of Underground

Petroleum

Storage

Systems,”

API

1127

Recommended

Practice

1615, Fourth

Edition,

November

1987,

referenced

1128

in

35

Ill. Adm.

Code

724.292.

1129

1130

ASME.

Available

from

the

American

Society

of Mechanical

Engineers,

345

East

1131

47th Street,

New

York,

NY 10017,

212-705-7722:

1132

1133

“Chemical

Plant

and Petroleum

Refinery

Piping,”

ASME/ANSI

B3 1.3-

1134

1987,

as

supplemented

by

B3l.3a-1988

and

B31.3b-1988,

referenced

in

1135

35

Ill.

Adm. Code

724.292

and 725

.292.

Also

available from

ANSI.

1136

1137

“Liquid

Transportation

Systems

for

Hydrocarbons,

Liquid

Petroleum

Gas,

1138

Anhydrous

Ammonia,

and Alcohols,”

ASME/ANSI

B31.4-1986,

as

1139

supplemented

by B31.4a-1987,

referenced

in

35

Ill.

Adm.

Code

724.292

1140

and

725.292.

Also

available

from

ANSI.

1141

1142

ASTM.

Available

from

American

Society

for Testing

and Materials,

100 Barr

1143

Harbor

Drive,

West Conshohocken,

PA 19428-2959,

610-832-9585:

1144

1145

ASTM

C

94-90,

“Standard

Specification

for

Ready-Mixed

Concrete,”

1146

approved

March

30, 1990,

referenced

in

35

Ill.

Adm.

Code

724.673

and

1147

725.543.

1148

1149

ASTM

D 8 8-87,

“Standard

Test

Method

for

Saybolt

Viscosity,”

approved

1150

April 24,

1981,

reapproved

January

1987, referenced

in

35

Ill. Adm.

Code

1151

726.200.

1152

1153

ASTM

D 93-8 5,

“Standard

Test

Methods

for

Flash

Point

by

Pensky

1154

Martens

Closed

Tester,” approved

October

25,

1985,

USEPA-approved

1155

for

35

Ill. Adm.

Code

721.121.

1156

1157

ASTM

D 140-70,

“Standard

Practice

for Sampling

Bituminous

Materials,”

1158

approved

1970, referenced

in Appendix

A

to 35 Ill. Adm.

Code

721.

1159

1160

ASTM D

346-75,

“Standard

Practice

for

Collection

and

Preparation

of

1161

Coke Samples

for

Laboratory

Analysis,”

approved

1975, referenced

in

---

JCAR350720-08

1 5494r01

1162

Appendix

Ato 35111.

Adm.

Code

721.

1163

1164

ASTM D

420-69,

“Guide to

Site

Characterization

for

Engineering,

1165

Design,

and Construction

Purposes,”

approved

1969, referenced

in

1166

Appendix

Ato 35111.

Adm.

Code 721.

1167

1168

ASTM

D 1452-65,

“Standard

Practice

for Soil

Investigation

and

Sampling

1169

by

Auger Borings,”

approved

1965,

referenced

in Appendix

A to

35

Iii.

1170

Adm.Code72l.

1171

1172

ASTM

D

1946-90,

“Standard

Practice

for

Analysis

of Reformed

Gas

by

1173

Gas

Chromatography,”

approved

March

30,

1990,

USEPA-approved

for

1174

35

Ill.

Adm.

Code 724.933

and

725.933.

1175

1176

ASTM

D 216

1-87, “Standard

Practice

for

Conversion

of Kinematic

1177

Viscosity

to Saybolt

Universal or

to Saybolt

Furol Viscosity,”

March 27,

1178

1987,

referenced

in 35

Ill. Adm. Code

726.200.

1179

1180

ASTM

D 2234-76,

“Standard

Practice

for

Collection

of a Gross

Sample

of

1181

Coal,”

approved

1976,

referenced

in

Appendix

A

to 35 Ill. Adm.

Code

1182

721.

1183

1184

ASTM

D 2267-88,

“Standard

Test

Method

for

Aromatics

in Light

1185

Naphthas

and Aviation

Gasolines

by Gas Chromatography,”

approved

1186

November

17,

1988, USEPA-approved

for

35 Ill. Adm.

Code 724.963.

1187

1188

ASTM

D 2382-88,

“Standard

Test

Method

for

Heat

of

Combustion

of

1189

Hydrocarbon

Fuels

by Bomb

Calorimeter

(High Precision

Method),”

1190

approved

October

31,

1988, USEPA-approved

for

35

Ill. Adm.

Code

1191

724.933

and

725.933.

1192

1193

ASTM

D 2879-92,

“Standard

Test

Method

for Vapor

Pressure-

1194

Temperature

Relationship

and Initial

Decomposition

Temperature

of

1195

Liquids

by Isoteniscope,”

approved

1992,

USEPA-approved

for

35 Ill.

1196

Adm.

Code 725.984,

referenced

in 35 Ill. Adm.

Code

724.963 and

1197

725.963.

1198

1199

ASTM

D 3 828-87,

“Standard

Test Methods

for Flash

Point

of

Liquids

by

1200

Setaflash Closed

Tester,”

approved

December

14,

1988, USEPA-approved

1201

for 35 Ill.

Adm. Code

721.121(a).

1202

1203

ASTM E

168-88,

“Standard

Practices

for General

Techniques

of Infrared

1204

Quantitative

Analysis,”

approved

May

27,

1988,

USEPA-approved

for 35

---

JCAR350720-08

1

5494r01

1205

Ill. Adm.

Code 724.963.

1206

1207

ASTM

E 169-87,

“Standard Practices

for General Techniques

of

1208

Ultraviolet-Visible

Quantitative

Analysis,” approved February

1,

1987,

1209

USEPA-approved

for 35 III. Adm.

Code

724.963.

1210

1211

ASTM B 260-8

5,

“Standard

Practice for Packed Column

Gas

1212

Chromatography,”

approved

June

28, 1985, USEPA-approved

for

35 Ill.

1213

Adm. Code 724.963.

1214

1215

ASTM

G

21-70

(1984a), “Standard

Practice for Determining

Resistance

of

1216

Synthetic Polymer

Materials

to Fungi,” referenced

in 35 Ill. Adm.

Code

1217

724.414 and 725.414.

1218

1219

‘

ASTM

G

22-76

(1984b),

“Standard

Practice for Determining

Resistance

1220

of Plastics

to Bacteria,”

referenced in 35 Ill. Adm.

Code 724.414

and

1221

725.414.

1222

1223

GPO.

Available

from the

Superintendent

of Documents,

U.S.

Government

1224

Printing Office,

Washington, D.C.

20402, 202-512-1800:

1225

1226

Standard

Industrial

Classification

Manual

(1972), and

1977 Supplement,

1227

republished in 1983,

referenced in

35 Ill. Adm. Code 702.110

and Section

1228

720.110.

1229

1230

“Test Methods

for

Evaluating

Solid Waste,

Physical/Chemical

Methods,”

1231

USEPA publication

number

EPA-530/SW-846

(Third Edition,

November

1232

1986), as

amended by

Updates I (July

1992), IT

(November 1994),

IJA

1233

(August, 1993),

JIB

(January

1995), III (December

1996), lilA

(April

1234

1998), and

TuB (November 2004)

(document number

955-001-00000-1).

1235

See below

in this

subsection

(a) under NTIS.

1236

1237

NACE.

Available

from the

National

Association

of Corrosion

Engineers,

1400

1238

South

Creek Dr., Houston,

TX 77084,

713-492-0535:

1239

1240

“Control

of External Corrosion

on

Metallic Buried,

Partially Buried,

or

1241

Submerged

Liquid

Storage

Systems,”

NACE Recommended

Practice

1242

RP0285-85,

approved

March 1985, referenced

in 35 Ill. Adm. Code

1243

724.292,

724.295, 725.292,

and 725.295.

1244

1245

NFPA. Available

from

the

National Fire Protection

Association, 1

Batterymarch

1246

Park, Boston,

MA 02269,

617-770-3000

or

800-344-3555:

1247

---

JCAR350720-08

1

5494r01

1248

“Flammable

and

Combustible Liquids

Code,” NFPA 30, issued

July

18,

1249

2003,