Section 720.101  Purpose, Scope, and Applicability

 

a)         This Part provides definitions of terms, general standards, and overview information applicable to 35 Ill. Adm. Code 720 through 728, 733, 738, and 739.

 

b)         In this Part:

 

1)         Section 720.102 sets forth the rules that the Board and the Agency will use in making information it receives available to the public and sets forth the requirements that a generator, transporter, or owner or operator of a treatment, storage, or disposal facility must follow to assert claims of business confidentiality with respect to information that is submitted to the Board or the Agency for the purposes of compliance with 35 Ill. Adm. Code 720 through 728, 733, 738, and 739.

 

2)         Section 720.103 establishes rules of grammatical construction for the purposes of compliance with 35 Ill. Adm. Code 720 through 728, 733, 738,  and 739.

 

3)         Section 720.110 defines terms that  are used in 35 Ill. Adm. Code 720 through 728, 733, 738, and 739.

 

(Source:  Amended at 42 Ill. Reg. 21215, effective November 19, 2018)

 

Section 720.102  Availability of Information; Confidentiality of Information

 

a)         Availability and confidentiality of information is governed by Illinois law, including Sections 7 and 7.1 of the Environmental Protection Act and 35 Ill. Adm. Code 130.

 

b)         Except as provided under subsections (c) and (d), any person who submits information to the Board or the Agency in accordance with this Part or 35 Ill. Adm. Code 721 through 728 may assert a claim of business confidentiality covering part or all of that information by following the procedures set forth in 35 Ill. Adm. Code 130.  Information covered by such a claim will be disclosed by the Board or the Agency only to the extent, and by means of the procedures, set forth in 35 Ill. Adm. Code 130. 

 

c)         Public Disclosure of Hazardous Waste Manifest Documents

 

1)         No claim of business confidentiality may be asserted by any person with respect to information entered on a hazardous waste manifest (USEPA Form 8700-22), a Hazardous Waste Manifest Continuation Sheet (USEPA Form 8700-22A), or an e-Manifest format that may be prepared and used in accordance with 35 Ill. Adm. Code 722.120(a)(3).

 

2)         USEPA has stated that it will make any e-Manifest that is prepared and used in accordance with 35 Ill. Adm. Code 722.120(a)(3), or any paper manifest that is submitted to the e-Manifest System under 35 Ill. Adm. Code 724.171(a)(6) or 725.171(a)(6) available to the public under this Section when the electronic or paper manifest is a complete and final document.  E-Manifests and paper manifests submitted to the e-Manifest System are complete and final documents, and they become publicly available information, after 90 days have passed since the delivery to the designated facility of the hazardous waste shipment identified in the manifest.

 

d)         Claims of Confidentiality

 

1)         No person may assert any claim of business confidentiality with respect to information contained in cathode ray tube export documents prepared, used, and submitted under 35 Ill. Adm. Code 721.139(a)(5) and 721.141(a), and with respect to information contained in hazardous waste export, import, and transit documents prepared, used, and submitted under 35 Ill. Adm. Code 722.182, 722.183, 722.184, 723.120, 724.112, 724.171, 725.112, 725.171, and 727.171, whether submitted electronically into USEPA's Waste Import Export Tracking System or in paper format.

 

2)         USEPA will make any cathode ray tube export documents prepared, used, and submitted under 35 Ill. Adm. Code 721.139(a)(5) and 721.141(a) and any hazardous waste export, import, and transit documents prepared, used, and submitted under 35 Ill. Adm. Code 722.182, 722.183, 722.184, 723.120, 724.112, 724.171, 725.112, 725.171, and 727.171 available to the public under this Section when USEPA considers these electronic or paper documents to be final documents.  USEPA considers these submitted electronic and paper documents related to hazardous waste exports, imports, and transits and cathode ray tube exports to be final documents on March 1 of the calendar year after the related cathode ray tube exports or hazardous waste exports, imports, or transits occur.

 

(Source:  Amended at 42 Ill. Reg. 21215, effective November 19, 2018)

 

Section 720.103  Use of Number and Gender

 

As used in 35 Ill. Adm. Code 702, 703, 720 through 728, and 733:

 

a)         Words in the masculine gender also include the feminine and neuter genders;

 

b)         Words in the singular include the plural; and

 

c)         Words in the plural include the singular.

 

(Source:  Amended at 42 Ill. Reg. 21215, effective November 19, 2018)

 

Section 720.104  Manifest Copy Submission Requirements for Certain Interstate Waste Shipments

 

Where the state in which waste is generated or the state in which waste will be transported to a designated facility requires that the waste be regulated as a hazardous waste or otherwise be tracked through a hazardous waste manifest, the designated facility that receives the waste must, regardless of the state in which the designated facility is located must do all of the following:

 

a)         Complete the facility portion of the applicable manifest;

 

b)         Sign and date the facility certification;

 

c)         Submit to the e-Manifest System a final copy of the manifest for data processing purposes; and

 

d)         Pay the appropriate per manifest fee to USEPA for each manifest submitted to the e-Manifest System, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of the applicable of 40 CFR 264 or 265, each incorporated by reference in Section 720.111.

 

(Source:  Former Section 720.104 renumbered to Section 720.109; new Section 720.104 added at 43 Ill. Reg. 446, effective December 6, 2018)

 

Section 720.105  Applicability of Electronic Manifest System and User Fee Requirements to Facilities Receiving State-Only Regulated Waste Shipments

 

a)         For purposes of this Section, "state-only regulated waste" means one of the following:

 

1)         A waste that is not hazardous waste but for which a state regulatory program requires use of a manifest (USEPA Form 8700-22); or

 

2)         A hazardous waste that is federally exempt from manifest requirements but not exempt from manifest requirements under state law.

 

b)         In any case in which a state requires a manifest to be used under state law to track the shipment and transportation of a state-only regulated waste to a receiving facility, the facility receiving such a waste shipment for management must do both of the following:

 

1)         Comply with 35 Ill. Adm. Code 724.171 (Use of Manifest System) and 724.172 (Manifest Discrepancies); and

 

2)         Pay the appropriate per manifest fee to USEPA for each manifest submitted to the e-Manifest System, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of 40 CFR 264, incorporated by reference in Section 720.111.

 

(Source:  Added at 43 Ill. Reg. 446, effective December 6, 2018)

 

Section 720.109  Electronic Reporting

 

a)         Scope and Applicability

 

1)         The USEPA, the Board, or the Agency may allow for the submission of any document as an electronic document in lieu of a paper document.  This Section does not require submission of electronic documents in lieu of paper documents.  This Section sets forth the requirements for the optional electronic submission of any document that must be submitted to the appropriate of the following:

 

A)        To USEPA directly under Title 40 of the Code of Federal Regulations; or

 

B)        To the Board or the Agency under any provision of 35 Ill. Adm. Code 702 through 705, 720 through 728, 730, 733, 738, or 739.

 

2)         Electronic document submission under this Section can occur only as follows:

 

A)        For submissions of documents to USEPA, submissions may occur only after USEPA has published a notice in the Federal Register announcing that USEPA is prepared to receive, in an electronic format, documents required or permitted by the identified part or subpart of Title 40 of the Code of Federal Regulations; or

 

B)        For submissions of documents to the State, submissions may occur only under the following circumstances:

 

i)          To the Board, into the Clerk's Office On-Line (COOL) system at www.ipcb.state.il.us.

 

ii)         To the Agency, into any electronic document receiving system for which USEPA has granted approval under 40 CFR 3.1000, so long as the system complies with 40 CFR 3.2000, incorporated by reference in Section 611.102(c), and USEPA has not withdrawn its approval of the system in writing.

 

3)         This Section does not apply to any of the following documents, whether or not the document is a document submitted to satisfy the requirements cited in subsection (a)(1):

 

A)        Any document submitted via facsimile;

 

B)        Any document submitted via magnetic or optical media, such as diskette, compact disc, digital video disc, or tape; or

 

C)        Any data transfer between USEPA, any state, or any local government and either the Board or the Agency as part of administrative arrangements between the parties to the transfer to share data.

 

4)         Upon USEPA conferring written approval for the submission of any types of documents as electronic documents in lieu of paper documents, as described in subsection (a)(2)(B), the Agency or the Board, as appropriate, must publish a Notice of Public Information in the Illinois Register that describes the documents approved for submission as electronic documents, the electronic document receiving system approved to receive them, the acceptable formats and procedures for their submission, and, as applicable, the date on which the Board or the Agency will begin to receive those submissions.  In the event of written cessation of USEPA approval for receiving any type of document as an electronic document in lieu of a paper document, the Board or the Agency must similarly cause publication of a Notice of Public Information in the Illinois Register.

 

BOARD NOTE:  Subsection (a) is derived from 40 CFR 3.1, 3.2, 3.10, 3.20, and 3.1000.

 

b)         Definitions.  For the purposes of this Section, terms will have the meaning attributed them in 40 CFR 3.3, incorporated by reference in 35 Ill. Adm. Code 720.111(b).

 

c)         Procedures for Submission of Electronic Documents in Lieu of Paper Documents to USEPA.  Except as provided in subsection (a)(3), any person who is required under Title 40 of the Code of Federal Regulations to create and submit or otherwise provide a document to USEPA may satisfy this requirement with an electronic document, in lieu of a paper document, provided the following conditions are met:

 

1)         The person satisfies the requirements of 40 CFR 3.10, incorporated by reference in Section 720.111(b); and

 

2)         USEPA has first published a notice in the Federal Register as described in subsection (a)(2)(A).

 

BOARD NOTE:  Subsection (c) is derived from 40 CFR 3.2(a) and subpart B of 40 CFR 3.

 

d)         Procedures for Submission of Electronic Documents in Lieu of Paper Documents to the Board or the Agency

 

1)         The Board or the Agency may, but is not required to, establish procedural rules for the electronic submission of documents.  The Board or the Agency must establish any such procedural rules under the Administrative Procedure Act [5 ILCS 100/Art. 5].

 

2)         The Board or the Agency may accept electronic documents under this Section only as provided in subsection (a)(2)(B).

 

BOARD NOTE:  Subsection (d) is derived from 40 CFR 3.2(b) and subpart D of 40 CFR 3.

 

e)         Effects of Submission of an Electronic Document in Lieu of Paper Documents

 

1)         If a person who submits a document as an electronic document fails to comply with the requirements of this Section, that person is subject to the penalties prescribed for failure to comply with the requirement that the electronic document was intended to satisfy.

 

2)         If a document submitted as an electronic document to satisfy a reporting requirement bears an electronic signature, the electronic signature legally binds, obligates, and makes the signer responsible to the same extent as the signer's handwritten signature would on a paper document submitted to satisfy the same reporting requirement.

 

3)         Proof that a particular signature device was used to create an electronic signature will suffice to establish that the individual uniquely entitled to use the device did so with the intent to sign the electronic document and give it effect.

 

4)         Nothing in this Section limits the use of electronic documents or information derived from electronic documents as evidence in enforcement or other proceedings.

 

BOARD NOTE:  Subsection (e) is derived from 40 CFR 3.4 and 3.2000(c).

 

f)         Public Document Subject to State Laws.  Any electronic document filed with the Board is a public document.  The document, its submission, its retention by the Board, and its availability for public inspection and copying are subject to various State laws, including, but not limited to, the following:

 

1)         The Administrative Procedure Act;

 

2)         The Freedom of Information Act [5 ILCS 140];

 

3)         The State Records Act [5 ILCS 160];

 

4)         The Electronic Commerce Security Act [5 ILCS 175];

 

5)         The Environmental Protection Act;

 

6)         Regulations relating to public access to Board records (2 Ill. Adm. Code 2175); and

 

7)         Board procedural rules relating to protection of trade secrets and confidential information (35 Ill. Adm. Code 130).

 

g)         Nothing in this Section or in any provisions adopted under subsection (d)(1) will create any right or privilege to submit any document as an electronic document.

 

BOARD NOTE:  Subsection (g) is derived from 40 CFR 3.2(c).

 

BOARD NOTE:  Derived from 40 CFR 3, 145.11(a)(33), 271.10(b), 271.11(b), and 271.12(h).

 

(Source:  Amended at 44 Ill. Reg. 15067, effective September 3, 2020)

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) can 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 that is not a closed portion.  (See also "closed portion".)

 

"Acute hazardous waste" means hazardous waste that meets the listing criteria in 35 Ill. Adm. Code 721.111(a)(2) and therefore is either listed in 35 Ill. Adm. Code 721.131 with the assigned hazard code of (H) or is listed in 35 Ill. Adm. Code 721.133(e).

BOARD NOTE:  These are USEPA hazardous waste numbers F020, F021, F022, F023, F026, and F027, and all USEPA hazardous waste numbers having the prefix "P".

 

"Administrator" means the Administrator of the United States Environmental Protection Agency or the Administrator's designee.

 

"Aerosol can" means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder, and fitted with a self-closing release device allowing the gas to eject the contents.

 

"Agency" means the Illinois Environmental Protection Agency.

"Airbag waste" means any hazardous waste airbag modules or hazardous waste airbag inflators.

 

"Airbag waste collection facility" means any facility that receives airbag waste from airbag handlers subject to regulation under 35 Ill. Adm. Code 721.104(j) and that accumulates the waste for more than ten days.

 

"Airbag waste handler" means any person, by site, that generates airbag waste that is subject to regulation under 35 Ill. Adm. Code 721.104(j).

 

"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 by 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 dioxide stream"  means carbon dioxide that has been captured from an emission source (e.g., a power plant), plus incidental associated substances derived from the source materials and the capture process, and any substances added to the stream to enable or improve the injection process.

 

"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.

 

"Central accumulation area" means any on-site area where hazardous waste is accumulating in units subject to either 35 Ill. Adm. Code 722.116 (for an SQG) or 35 Ill. Adm. Code 722.117 (for an LQG).  A central accumulation area at an eligible academic entity that chooses to operate under Subpart K of 35 Ill. Adm. Code 722 is also subject to 35 Ill. Adm. Code 722.311 when accumulating unwanted material or hazardous waste.

 

"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".)

 

"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.

 

"Contained" means held in a unit (including a land-based unit, as defined in this Section) that meets either of the following containment situations:

 

Containment situation 1 (non-hazardous waste containment):

 

The unit is in good condition, with no leaks or other continuing or intermittent unpermitted releases of the hazardous secondary materials to the environment, and is designed, as appropriate for the hazardous secondary materials, to prevent unpermitted releases of hazardous secondary materials to the environment.  "Unpermitted releases" are releases that are not covered by a permit (such as a permit to discharge to water or air) and may include, but are not limited to, releases through surface transport by precipitation run-off, releases to soil and groundwater, windblown dust, fugitive air emissions, and catastrophic unit failures;

 

The unit is properly labeled or otherwise has a system (such as a log) to immediately identify the hazardous secondary materials in the unit; and

 

The unit holds hazardous secondary materials that are compatible with other hazardous secondary materials placed in the unit, is compatible with the materials used to construct the unit and addresses any potential risks of fires or explosions.

 

Containment situation 2 (hazardous waste containment):

 

Hazardous secondary materials in units that meet the applicable requirements of 35 Ill. Adm. Code 724 or 725 are presumptively contained.

 

"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 under 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 exporter" means any person in the United States that initiates a transaction to send used CRTs outside the United States or its territories for recycling or reuse, or any intermediary in the United States arranging for such export.

 

"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, under 35 Ill. Adm. Code 722.120, of which any of the following is true:

 

The facility has received a RCRA permit (or interim status) under 35 Ill. Adm. Code 702, 703, and 705;

 

The facility has received a RCRA permit from USEPA under 40 CFR 124 and 270;

 

The facility has received a RCRA permit from a state authorized by USEPA under 40 CFR 271; or

 

The facility is regulated under 35 Ill. Adm. Code 721.106(c)(2) or Subpart F of 35 Ill. Adm. Code 726; or

 

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 under 40 CFR 271, but that 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" means tetra-, penta-, hexa-, hepta-, and octa-chlorinated dibenzodioxins and furans.

 

"Director" means the Director of the Illinois Environmental Protection Agency.

 

"Discharge" or "hazardous waste discharge" means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous waste into or on any land or water.

 

"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.

 

"Disposal facility" means a facility or part of a facility at which hazardous waste is intentionally placed into or on any land or water and at which waste will remain after closure.  The term disposal facility does not include a corrective action management unit (CAMU) into which remediation wastes are placed.

 

"Drip pad" means an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation and surface water run-on to an associated collection system at wood preserving plants.

 

"Electronic import-export reporting compliance date" means the date that USEPA will announce in the Federal Register, on or after which exporters, importers, and receiving facilities will be required to submit certain export and import related documents to USEPA using USEPA's Waste Import Export Tracking System, or its successor system.

BOARD NOTE:  A compliance date in Illinois regulations is limited to a date certain on or after the Board has adopted the date by rulemaking.  Adoption by rulemaking of the electronic import-export reporting compliance date can occur only after USEPA has made its announcement in the Federal Register.  Until the Board has incorporated a date certain by rulemaking, the Board intends that no "electronic import-export reporting compliance date" will apply in the context of the Illinois rules.  The federal electronic import-export reporting compliance date named by USEPA, however, may apply as provided by federal law.

 

"Electronic manifest" or "e-Manifest" means the electronic format of the hazardous waste manifest that is obtained from USEPA's national e-Manifest System and transmitted electronically to the e-Manifest System, and that is the legal equivalent of USEPA Forms 8700-22 (Manifest) and 8700-22A (Continuation Sheet).

 

"Electronic Manifest System" or "e-Manifest System" means USEPA's national information technology system through which the e-Manifest may be obtained, completed, transmitted, and distributed to users of the e-Manifest System and to regulatory agencies.

 

"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 that 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 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 under 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 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 that 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 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 or for managing hazardous secondary materials prior to reclamation.  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 implementing corrective action under 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 under 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 under 35 Ill. Adm. Code 724 and 725 are no longer conducted at the facility unless subject to the provisions of 35 Ill. Adm. Code 722.116.

 

"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 secondary material" means a secondary material (e.g., spent material, by-product, or sludge) that, when discarded, would be identified as hazardous waste under 35 Ill. Adm. Code 721.

 

"Hazardous secondary material generator" means any person whose act or process produces hazardous secondary materials at the generating facility.  For purposes of this definition, "generating facility" means all contiguous property owned, leased, or otherwise controlled by the hazardous secondary material generator.  For the purposes of Sections 721.102(a)(2)(B) and 721.104(a)(23), a facility that collects hazardous secondary materials from other persons is not the hazardous secondary material generator.

 

"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.

 

"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.)

 

"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.

 

"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 based on 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.

 

"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 that 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.

 

"Intermediate facility" means any facility that stores hazardous secondary materials for more than ten days and that is neither a hazardous secondary material generator nor a reclaimer of hazardous secondary material.

 

"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-based unit" means an area where hazardous secondary materials are placed in or on the land before recycling.  This definition does not include land-based production units.

 

"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 that 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.

 

"Large quantity generator" or "LQG" means a generator that generates any of the following amounts of material in a calendar month:

 

Greater than or equal to 1,000 kg (2,200 lbs) of non-acute hazardous waste;

 

Greater than 1 kg (2.2 lbs) of acute hazardous waste listed in 35 Ill Adm. Code 721.131 or 721.133(e); or

 

Greater than 100 kg (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in 35 Ill Adm. Code 721.131 or 721.133(e).

 

"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), or the e-Manifest, originated and signed in accordance with the applicable requirements of 35 Ill. Adm. Code 722 through 727.

 

"Manifest tracking number" means 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 under 35 Ill. Adm. Code 730; containment building; corrective action management unit (CAMU); unit eligible for a research, development, and demonstration permit under 35 Ill. Adm. Code 703.231; or staging pile.

 

"Movement" means hazardous waste that is transported to a facility in an individual vehicle.

 

"NAICS Code" means the code number assigned a facility using the "North American Industry Classification System", incorporated by reference in Section 720.111.

 

"New hazardous waste management facility", "new HWM facility", or "new facility" means a facility that began operation, or for which construction commenced after 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".)

 

"No free liquids", as used in 35 Ill. Adm. Code 721.104(a)(26) and (b)(18), means that solvent-contaminated wipes may not contain free liquids, as determined by Method 9095B (Paint Filter Liquids Test), included in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", incorporated by reference in Section 720.111, and that there is no free liquid in the container holding the wipes.  No free liquids may also be determined using another standard or test method that the Agency has determined by permit condition is equivalent to Method 9095B.

 

"Non-acute hazardous waste" means hazardous waste that is not acute hazardous waste, as defined in this Section.

 

"On-ground 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.  Non-contiguous 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.

 

"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 under 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 non-containerized 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 that 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, under 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 under 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.

 

"Recognized trader" means a person domiciled in the United States, by site of business, who acts to arrange and facilitate transboundary movements of wastes destined for recovery or disposal operations, either by purchasing from and subsequently selling to United States and foreign facilities, or by acting under arrangements with a United States waste facility to arrange for the export or import of the wastes.

 

"Regional Administrator" means the Regional Administrator for the USEPA region in which the facility is located or the Regional Administrator's designee.

 

"Remanufacturing" means processing a higher-value hazardous secondary material in order to manufacture a product that serves a similar functional purpose as the original commercial-grade material.  For this definition, a hazardous secondary material is considered higher-value if it was generated from the use of a commercial-grade material in a manufacturing process and can be remanufactured into a similar commercial-grade material.

 

"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 under 35 Ill. Adm. Code 724.201, but a remediation waste management site is subject to corrective action requirements if the site is in a facility that is subject to corrective action under 35 Ill. Adm. Code 724.201.

 

"Replacement unit" means a landfill, surface impoundment, or waste pile unit from which all or substantially all of the waste is removed, and that 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.

 

"Run-off" means any rainwater, leachate, or other liquid that drains over land from any part of a facility.

 

"Run-on" 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 that 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" or "SQG" means a generator that generates the following amounts of material in a calendar month:

 

Greater than 100 kg (220 lbs) but less than 1,000 kilograms (2,200 lbs) of non-acute hazardous waste;

 

Less than or equal to 1 kg (2.2 lbs) of acute hazardous waste listed in 35 Ill Adm. Code 721.131 or 721.133(e); and

 

Less than or equal to 100 kg (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in 35 Ill Adm. Code 721.131 or 721.133(e).

 

"Solid waste" means a solid waste as defined in 35 Ill. Adm. Code 721.102.

 

"Solvent-contaminated wipe" means the following: 

 

A wipe that, after use or after cleaning up a spill, fulfills one or more of the following conditions:

 

The wipe contains one or more of the F001 through F005 solvents listed in 35 Ill. Adm. Code 721.131 or the corresponding P‑ or U-listed solvents found in 35 Ill. Adm. Code 721.133;

 

The wipe exhibits a hazardous characteristic found in Subpart C of 35 Ill. Adm. Code 721 when that characteristic results from a solvent listed in 35 Ill. Adm. Code 721; or

 

The wipe exhibits only the hazardous waste characteristic of ignitability found in 35 Ill. Adm. Code 721.121 due to the presence of one or more solvents that are not listed in 35 Ill. Adm. Code 721.

 

Solvent-contaminated wipes that contain listed hazardous waste other than solvents, or exhibit the characteristic of toxicity, corrosivity, or reactivity due to contaminants other than solvents, are not eligible for the exclusions at 35 Ill. Adm. Code 721.104(a)(26) and (b)(18).

 

"Sorbent" means a material that is used to soak up free liquids by either adsorption or absorption, or both.  "Sorb" means to either adsorb or absorb, or both.

 

"Staging pile" means an accumulation of solid, non-flowing "remediation waste" (as defined in this Section) that is not a containment building and that is used only during remedial operations for temporary storage at a facility.  Staging piles must be designated by the Agency according to 35 Ill. Adm. Code 724.654.

 

"State" means any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

 

"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 that 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 non-earthen 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-tetrachlorodibenzo-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 that 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 or hazardous secondary materials 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, if 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 under 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;

 

Lamps, as described in 35 Ill. Adm. Code 733.105; and

 

Aerosol cans, as described in 35 Ill. Adm. Code 733.106.

 

"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 (except under 35 Ill. Adm. Code 733.113(e) or 733.133(e)) 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.

 

"USEPA hazardous waste number" or "EPA 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.

 

"USEPA identification number" or "USEPA ID number" is the unique alphanumeric identifier that USEPA assigns a hazardous waste generator; transporter; treatment, storage, or disposal facility; or reclamation facility upon notification in compliance with the requirements of section 3010 of RCRA (42 USC 6930).

 

"User of the Electronic Manifest System" or "user of the e-Manifest System" means a hazardous waste generator, a hazardous waste transporter, an owner or operator of a hazardous waste treatment, storage, recycling, or disposal facility, or any other person or entity that fulfills both of the following conditions:

 

The person or entity is required to use a manifest to comply with any federal or state requirement to track the shipment, transportation, and receipt of either of the following:

 

hazardous waste or other waste material that is shipped from the site of generation to an off-site designated facility for treatment, storage, recycling, or disposal; or

 

rejected wastes or regulated container residues that are shipped from a designated facility to an alternative facility, or returned to the generator; and

 

The person or entity elects to use either of the following:

 

the e-Manifest System to obtain, complete and transmit an e-Manifest format supplied by the USEPA e-Manifest System; or

 

the paper manifest form and submits to the e-Manifest System for data processing purposes a paper copy of the manifest (or data from such a paper copy), in accordance with 35 Ill. Adm. Code 724.171(a)(2)(E) or 725.171(a)(2)(E).

 

A paper copy submitted for data processing purposes is submitted for data exchange purposes only and is not the official copy of record for legal purposes.

 

"USPS" means the United States Postal Service.

 

"Very small quantity generator" or "VSQG" means a generator that generates less than or equal to the following amounts of material in a calendar month:

 

100 kg (220 lbs) of nonacute hazardous waste;

1 kg (2.2 lbs) of acute hazardous waste listed in 35 Ill Adm. Code 721.131 or 721.133(e); and

 

100 kg (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in 35 Ill Adm. Code 721.131 or 721.133(e).

 

"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 under 35 Ill. Adm. Code 309 or a pretreatment permit or authorization to discharge under 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".)

 

"Wipe" means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material.

 

"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 44 Ill. Reg. 15067, effective September 3, 2020)

 

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:

 

ACGME.  Available from the Accreditation Council for Graduate Medical Education, 401 North Michigan Avenue, Suite 2000, Chicago, IL 60611, 312-755-5000, www.acgme.org:

 

"Accreditation Council for Graduate Medical Education:  Glossary of Terms", March 19, 2009, referenced in 35 Ill. Adm. Code 722.300.

 

BOARD NOTE:  Also available on the Internet for download and viewing as a PDF file at the following Internet address:  www.acgme.org/Portals/0/PDFs/ab_ACGMEglossary.pdf.

 

ACI.  Available from the American Concrete Institute, 38800 Country Club Dr., Farmington Hills, MI  48331-3439:

 

ACI 318-83:  "Building Code Requirements for Reinforced Concrete", adopted November 1983, referenced in 35 Ill. Adm. Code 724.673 and 725.543.

 

ANSI.  Available from the American National Standards Institute, 1899 L Street, N.W., 11^th Floor, Washington, DC  20036, 202-293-8020.  www.ansi.org:

 

See ASME/ANSI B31.3 and B31.4 and supplements below in this subsection (a) under ASME.

 

API.  Available from the American Petroleum Institute, 200 Massachusetts Avenue, N.W., Suite 1100, Washington, DC  20001-5571, 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 721.983 and 725.984.

 

"Guide for Inspection of Refinery Equipment", Chapter XIII, "Atmospheric and Low Pressure Storage Tanks", 4^th Edition, 1981, reaffirmed December 1987, referenced in 35 Ill. Adm. Code 721.291, 724.291, 724.293, 725.291, and 725.292.

 

"Installation of Underground Petroleum Storage Systems", API Recommended Practice 1615, Fourth Edition, November 1987, referenced in 35 Ill. Adm. Code 724.292.

 

ASME.  Available from the American Society of Mechanical Engineers, Two Park Avenue, New York, NY 10016-5990, 800-843-2763, https://www.asme.org:

 

"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, P.O. Box C700, West Conshohocken, PA 19428-2959, 610-832-9500, www.astm.org:

 

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 November 17, 1988, USEPA-approved for 35 Ill. Adm. Code 721.963 and 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 721.963, 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 721.963 and 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 721.963 and 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 Publishing Office, 732 Capitol Street, N.W., Washington, DC  20401-0001, 202-512-1800, www.gpo.gov:

 

Standard Industrial Classification Manual (1987), 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, November 1986), as amended by Updates I (July 1992), II (November 1994), IIA (August 1993), IIB (January 1995), III (December 1996), IIIA (April 1998), and IIIB (November 2004) (document number 955-001-00000-1).  See below in this subsection (a) under NTIS.

 

ISO.  Available from the International Organization for Standardization, BIBC II, Chemin de Blandonnet 8, CP 401, 1214 Vernier, Geneva, Switzerland (phone:  +41 22 749 01 11; www.iso.org/store):

 

International Standard ISO 3166-1:2013, "Codes for the representation of names of countries and their subdivisions − Part 1:  Country code", Third edition (2013), referenced in 35 Ill. Adm. Code 722.183 and 722.184.  Latest Board search for updated version:  July 2020.

 

BOARD NOTE:  ISO maintains a web page with a free on-line list of country codes accessible at  www.iso.org/obp/ui/#search.

 

NACE.  Available from the National Association of Corrosion Engineers, 15835 Park Ten Place, Houston, TX 77084,  281-228-6200, www.nace.org:

 

"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, Quincy, MA  02169-7471, 617-770-3000 or 800-344-3555, www.nfpa.org:

 

"Flammable and Combustible Liquids Code", NFPA 30 (1977), referenced in 35 Ill. Adm. Code 722.116.

 

"Flammable and Combustible Liquids Code", NFPA 30 (1981), referenced in 35 Ill. Adm. Code 722.116.

 

"Flammable and Combustible Liquids Code", NFPA 30 (1984), referenced in 35 Ill. Adm. Code 721.298, 724.298, 725.298, 726.211, and 727.290.

 

"Flammable and Combustible Liquids Code", NFPA 30 (1987), referenced in 35 Ill. Adm. Code 721.298, 722.116, 724.298, 725.298, 726.211, and 727.290.

 

"Flammable and Combustible Liquids Code", NFPA 30 (2003), as supplemented by TIA 03-1 (2004), and corrected by Errata 30-03-01 (2004), referenced in 35 Ill. Adm. Code 721.298, 722.116, 724.298, 725.298, 726.211, and 727.290.

 

"Standard System for the Identification of the Hazards of Materials for Emergency Response", NFPA 704 (2012 or 2017), referenced in 35 Ill. Adm. Code 722.114 and 722.116.

 

NTIS.  Available from the National Technical Information Service, U.S. Department of Commerce, 5301 Shawnee Road, Alexandria, VA  22312, 703-605-6000 or 800-553-6847, 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", www.apti-learn.net.

 

"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, n-Hexane Extractable Material (HEM; Oil and Grease) and Silica Gel Treated n-Hexane Extractable Material (SGT-HEM; Nonpolar Material) by Extraction and Gravimetry", Revision A, February 1999, USEPA publication number EPA-821/R-98-002, NTIS document number PB99-121949, or Revision B, February 2010, USEPA publication number EPA-821/R-10-001, NTIS document number PB2011-100735, USEPA-approved for Appendix I to 35 Ill. Adm. Code 721.

 

BOARD NOTE:  Also available on the Internet for free download as a PDF document from the USEPA website at www.epagov/cwa-methods.  Revision A is also from the USEPA, National Service Center for Environmental Publications (NSCEP) website at www.epa.gov/nscep (search "821R10001").

 

"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:  Also available on the Internet as a viewable/printable HTML document from the USEPA, National Service Center for Environmental Publications (NSCEP) website at www.epa.gov/nscep (search "600479020").

 

"North American Industry Classification System", July 2017, U.S. Department of Commerce, Bureau of the Census, document number PB2007-100002 (hardcover printed volume) or PB2007-500023, referenced in Section 720.110 (definition of "NAICS Code") for the purposes of Section 720.142, and in 35 Ill. Adm. Code 721.104.

 

BOARD NOTE:  Also available on the Internet from the Bureau of Census at  www.census.gov/eos/www/naics.

 

"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:  Also available on the Internet for free download as a WordPerfect document from USEPA, National Service Center for Environmental Publications (NSCEP) website at www.epa.gov/nscep (search "454R92019").

 

"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", USEPA publication number EPA-530/SW-846 (Third Edition, November 1986; Revision 6, January 2005), as amended by Updates I (July 1992), II (November 1994), IIA (August 1993), IIB (January 1995), III (December 1996), IIIA (April 1998), and IIIB (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, 728.106, and 728.107 (in addition to the references cited below for specific methods), www.epa.gov/hw-sw846:

 

Method 0010 (November 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 Appendix I to 35 Ill. Adm. Code 726.

 

Method 0020 (November 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 (November 1986) (Volatile Organic Sampling Train), USEPA-approved for Appendix I to 35 Ill. Adm. Code 721.

 

Method 0031 (December 1996) (Sampling Method for Volatile Organic Compounds (SMVOC)), USEPA-approved for Appendix I to 35 Ill. Adm. Code 721.

 

Method 0040 (December 1996) (Sampling of Principal Organic Hazardous Constituents from Combustion Sources Using Tedlar^® Bags), USEPA-approved for Appendix I to 35 Ill. Adm. Code 721.

 

Method 0050 (December 1996) (Isokinetic HCl/Cl₂ Emission Sampling Train), USEPA-approved for Appendix I to 35 Ill. Adm. Code 721, Appendix I to 35 Ill. Adm. Code 726, and 35 Ill. Adm. Code 726.207.

 

Method 0051 (December 1996) (Midget Impinger HCl/Cl₂ Emission Sampling Train), USEPA-approved for Appendix I to 35 Ill. Adm. Code 721, Appendix I to 35 Ill. Adm. Code 726, and 35 Ill. Adm. Code 726.207.

 

Method 0060 (December 1996) (Determination of Metals in Stack Emissions), USEPA-approved for Appendix I to 35 Ill. Adm. Code 721, Appendix I to 35 Ill. Adm. Code 726, and 35 Ill. Adm. Code 726.206.

 

Method 0061 (December 1996) (Determination of Hexavalent Chromium Emissions from Stationary Sources), USEPA-approved for Appendix I to 35 Ill. Adm. Code 721, 35 Ill. Adm. Code 726.206, and Appendix I to 35 Ill. Adm. Code 726.

 

Method 1010A (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 (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 (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 (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 (November 1992) (Toxicity Characteristic Leaching Procedure), USEPA-approved for Appendix I to 35 Ill. Adm. Code 721; for 35 Ill. Adm. Code 721.124, 728.107, and 728.140; and for Table T to 35 Ill. Adm. Code 728.

 

Method 1312 (November 1994) (Synthetic Precipitation Leaching Procedure), USEPA-approved for Appendix I to 35 Ill. Adm. Code 721.

 

Method 1320 (November 1986) (Multiple Extraction Procedure), USEPA-approved for Appendix I to 35 Ill. Adm. Code 721.

 

Method 1330A (November 1992) (Extraction Procedure for Oily Wastes), USEPA-approved for Appendix I to 35 Ill. Adm. Code 721.

 

Method 9010C (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 Tables H and U to 35 Ill. Adm. Code 728.

 

Method 9012B (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 Tables H and U to 35 Ill. Adm. Code 728.

 

Method 9040C (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 (November 2004) (Soil and Waste pH), USEPA-approved for Appendix I to 35 Ill. Adm. Code 721.

 

Method 9060A (November 2004) (Total Organic Carbon), USEPA-approved for Appendix I to 35 Ill. Adm. Code 721 and 35 Ill. Adm. Code 721.934, 721.963, 724.934, 724.963, 725.934, and 725.963.

 

Method 9070A (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 (November 2004) (Paint Filter Liquids Test), USEPA-approved for 35 Ill. Adm. Code 720.110; Appendix I to 35 Ill. Adm. Code 721; and 35 Ill. Adm. Code 724.290, 724.414, 725.290, 725.414, 725.981, 727.290, and 728.132.

 

OECD. Organization for Economic Cooperation and Development, Environment Directorate, 2 rue André Pascal, F-75775 Paris Cedex 16, France (www.oecd.org), also OECD Washington Center, 1776 I Street, NW, Suite 450, Washington, DC 20006, 202-452-0050 www.oecd.org/washington:

 

OECD Guidance Manual.  "Guidance Manual for the Implementation of Council Decision C(2001)107/FINAL, as Amended, on the Control of Transboundary Movements of Wastes Destined for Recovery Operations", 2009 (also called "Guidance Manual for the Control of Transboundary Movements of Recoverable Materials" in OECD documents), but only the following segments, which set forth the substantive requirements of OECD decision C(2001)107/FINAL (June 14, 2001), as amended by C(2001)107/ADD1 (February 28, 2002), C(2004)20 (March 9, 2004), C(2005)141 (December 2, 2005), and C(2008)156 (December 4, 2008):

 

"Annex B:  OECD Consolidated List of Wastes Subject to the Green Control Procedure" (individually referred to as "Annex B to OECD Guidance Manual" in 35 Ill. Adm. Code 722), combining Appendix 3 to OECD decision C(2001)107/FINAL, as amended as described above, together with the text of Annex IX ("List B") to the "Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal" ("Basel Convention").  Latest Board search for updated version:  August 2020.

 

"Annex C:  OECD Consolidated List of Wastes Subject to the Amber Control Procedure" (individually referred to as "Annex C to OECD Guidance Manual" in 35 Ill. Adm. Code 722), combining Appendix 4 to OECD decision C(2001)107/FINAL, as amended, together with the text of Annexes II ("Categories of Wastes Requiring Special Consideration") and VIII ("List A") to the Basel Convention.  Latest Board search for updated version:  August 2020.

 

BOARD NOTE:  The OECD Guidance Manual is available online from OECD at www.oecd.org/environment/waste/guidance-manual-control-transboundary-movements-recoverable-wastes.pdf.  The OECD and the Basel Convention consider the OECD Guidance Manual unofficial text of these documents.  Despite this unofficial status, the Board has chosen to follow USEPA's lead and incorporate the OECD Guidance Manual by reference, instead of separately incorporating the OECD decision C(2001)107/FINAL (with its subsequent amendments:  OECD decisions C(2001)107/ADD1, C(2004)20, C(2005)141, and C(2008)156) and the Basel Convention by reference.  Use of the OECD Guidance Manual eases reference to the documents, increases access to the documents, and facilitates future updates to this incorporation by reference.  All references to "OECD C(2001)107/FINAL" in the text of 35 Ill. Adm. Code 722 refer to both the OECD decision and the Basel Convention that the OECD decision references.  The OECD Guidance Manual includes as Annex A the full text of OECD document C(2001)107/FINAL, with amendments, and Annexes B and C set forth lists of wastes subject to Green control procedures and wastes subject to Amber control procedures, respectively, which consolidate the wastes from C(2001)107/FINAL together with those from the Basel Convention.

 

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.  Latest Board search for updated version:  August 2020.

 

STI.  Available from the Steel Tank Institute, 944 Donata Ct., Lake Zurich, IL  60047, 847-438-8265, www.steeltank.com:

 

"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:

 

"Defense Explosives Safety Regulation 6055.09, Edition 1" (DESR 6055.09), as in effect on January 13, 2019, referenced in 35 Ill. Adm. Code 726.305.  Latest Board search for updated version:  August 2020.

 

"The Motor Vehicle Inspection Report" (DD Form 626), as in effect in October 2011, referenced in 35 Ill. Adm. Code 726.303.  Latest Board search for updated version:  August 2020.

 

"Requisition Tracking Form" (DD Form 1348), as in effect in July 1991, referenced in 35 Ill. Adm. Code 726.303.  Latest Board search for updated version:  August 2020.

 

"The Signature and Tally Record" (DD Form 1907), as in effect in October 2011, referenced in 35 Ill. Adm. Code 726.303.  Latest Board search for updated version:  August 2020.

 

"DOD Multimodal Dangerous Goods Declaration" (DD Form 2890), as in effect in September 2015, referenced in 35 Ill. Adm. Code 726.303.  Latest Board search for updated version:  August 2020.

 

BOARD NOTE:  DESR 6055.09, DD Form 626,  DD Form 1348, DD Form 1907, and DD Form 2890 are available on-line for download in pdf format from www.esd.whs.mil/DD/.

 

USEPA, e-Manifest System.  Available from United States Environmental Protection Agency, e-Manifest System (www.epa.gov/e-manifest):

 

"Hazardous Waste Manifest Instructions". Instructions for revision 12-17 of USEPA Forms 8700-22 and 8700-22A, referenced in 35 Ill. Adm. Code 722.120.  Available at www.epa.gov/hwgenerators/uniform-hazardous-waste-manifest-instructions-sample-form-and-continuation-sheet.  Latest Board search for updated version:  August 2020.

 

USEPA, Office of Ground Water and Drinking Water.  Available from United States Environmental Protection Agency, Office of Ground Water and Drinking Water, State Programs Division, 1200 Pennsylvania Ave., N.W. (Mail Code 4606M), Washington, DC 20460:

 

"Inventory of Injection Wells", USEPA Form 7520-16 (Revised 8-01), referenced in 35 Ill. Adm. Code 704.148 and 704.283.

 

"Technical Assistance Document:  Corrosion, Its Detection and Control in Injection Wells", USEPA publication number EPA-570/9-87-002, August 1987, referenced in 35 Ill. Adm. Code 730.165.

 

USEPA, Receptor Analysis Branch.  Available from Receptor Analysis Branch, USEPA (MD-14), Research Triangle Park, NC 27711:

 

"Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised", October 1992, USEPA publication number EPA-450/R-92-019, USEPA-approved for Appendix I to 35 Ill. Adm. Code 726.

 

BOARD NOTE:  Also available for purchase from NTIS (see above) and on the Internet at  www3.epa.gov/scram001/guidance/guide/EPA-454R-92-019_OCR.pdf.

 

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), referenced in Section 726.303.  Latest Board search for updated version:  August 2020.

 

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 Publishing Office, Washington, DC 20401, 202-783-3238, www.ecfr.gov or https://www.govinfo.gov/app/collection/cfr:  

 

10 CFR 20.2006 (2019) (Transfer for Disposal and Manifests), referenced in 35 Ill. Adm. Code 726.425 and 726.450.

 

Table II, column 2 in appendix B to 10 CFR 20 (2019) (Water Effluent Concentrations), referenced in 35 Ill. Adm. Code 702.110, 730.103, and 730.151.

 

Appendix G to 10 CFR 20 (2019) (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 (2019) (Packaging and Transportation of Radioactive Material), referenced generally in 35 Ill. Adm. Code 726.430.

 

10 CFR 71.5 (2019) (Transportation of Licensed Material), referenced in 35 Ill. Adm. Code 726.425.

 

15 CFR 30.4(b) (2019) (Electronic Export Information Filing, Procedures, Deadlines, and Certification Statements), referenced in 35 Ill. Adm. Code 721.139.

 

15 CFR 30.6 (2019)(Electronic Export Information Data Elements), referenced in 35 Ill. Adm. Code 721.139.

 

21 CFR 203.3(y) (2019) ("Prescription Drug"), referenced in 35 Ill. Adm. Code 726.600.

 

21 CFR 1300 through 1317 (2019) (Drug Enforcement Administration, Department of Justice), referenced in 35 Ill. Adm. Code 726.604 and 726.606.

 

21 CFR 1300.01 (2019) (Definitions Relating to Controlled Substances), referenced in 35 Ill. Adm. Code 726.604 and 726.606.

 

21 CFR 1300.05 (2019) (Definitions Relating to the Disposal of Controlled Substances), referenced in 35 Ill. Adm. Code 726.606.

 

21 CFR 1308.11 through 1308.15 (2019) (Schedules), referenced in 35 Ill. Adm. Code 726.606.

 

21 CFR 1317.90 (2019) (Methods of Destruction), referenced in 35 Ill. Adm. Code 726.606.

 

21 CFR 1317.95 (2019) (Destruction Procedures), referenced in 35 Ill. Adm. Code 726.606.

 

29 CFR 1910.1200 (2019) (Hazard Communication), referenced in 35 Ill. Adm. Code 722.115.

 

33 CFR 153.203 (2019) (Procedure for the Notice of Discharge), referenced in 35 Ill. Adm. Code 723.130 and 739.143.

 

40 CFR 3.3 (2019) (What Definitions Are Applicable to This Part?), referenced in Section 720.104.

 

40 CFR 3.10 (2019) (What Are the Requirements for Electronic Reporting to EPA?), referenced in Section 720.104.

 

40 CFR 3.2000 (2019) (What Are the Requirements Authorized State, Tribe, and Local Programs' Reporting Systems Must Meet?), referenced in Section 720.104.

 

40 CFR 51.100(ii) (2019) (Definitions), referenced in 35 Ill. Adm. Code 726.200.

 

Appendix W to 40 CFR 51 (2019) (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 (2019) (VOM Measurement Techniques for Capture Efficiency), referenced in 35 Ill. Adm. Code 703.213, 703.352, 721.984, 721.986, 721.989, 724.982, 724.984, 724.986, 724.989, 725.983, 725.985, 725.987, and 725.990.

 

40 CFR 60 (2019) (Standards of Performance for New Stationary Sources), referenced generally in 35 Ill. Adm. Code 721.104, 721.950, 721.964, 721.980, 724.964, 724.980, 725.964, and 725.980.

 

Subpart VV of 40 CFR 60 (2019) (Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry), referenced in 35 Ill. Adm. Code 721.989, 724.989, and 725.990.

 

Appendix A to 40 CFR 60 (2019) (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 721.934, 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 721.933, 724.933, 725.933, and 726.205.

 

Method 2B (Determination of Exhaust Gas Volume Flow Rate from Gasoline Vapor Incinerators), referenced in 35 Ill. Adm. Code 726.205.

 

Method 2C (Determination of Gas Velocity and Volumetric Flow Rate in Small Stacks or Ducts (Standard Pitot Tube)), referenced in 35 Ill. Adm. Code 721.933, 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 721.933, 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 Ill. Adm. Code 726.205.

 

Method 4 (Determination of Moisture Content in Stack Gases), referenced in 35 Ill. Adm. Code 726.205.

 

Method 5 (Determination of Particulate Matter Emissions from Stationary Sources), referenced in 35 Ill. Adm. Code 726.205.

 

Method 5A (Determination of Particulate Matter Emissions from the Asphalt Processing and Asphalt Roofing Industry), referenced in 35 Ill. Adm. Code 726.205.

 

Method 5B (Determination of Nonsulfuric Acid Particulate Matter Emissions from Stationary Sources), referenced in 35 Ill. Adm. Code 726.205.

 

Method 5D (Determination of Particulate Matter Emissions from Positive Pressure Fabric Filters), referenced in 35 Ill. Adm. Code 726.205.

 

Method 5E (Determination of Particulate Matter Emissions from the Wool Fiberglass Insulation Manufacturing Industry), referenced in 35 Ill. Adm. Code 726.205.

 

Method 5F (Determination of Nonsulfate Particulate Matter Emissions from Stationary Sources), referenced in 35 Ill. Adm. Code 726.205.

 

Method 5G (Determination of Particulate Matter Emissions from Wood Heaters (Dilution Tunnel Sampling Location)), referenced in 35 Ill. Adm. Code 726.205.

 

Method 5H (Determination of Particulate Emissions from Wood Heaters from a Stack Location), referenced in 35 Ill. Adm. Code 726.205.

 

Method 5I (Determination of Low Level Particulate Matter Emissions from Stationary Sources), referenced in 35 Ill. Adm. Code 726.205.

 

Method 18 (Measurement of Gaseous Organic Compound Emissions by Gas Chromatography), referenced in 35 Ill. Adm. Code 721.933, 721.934, 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, 721.934, 721.935, 721.963, 721.983, 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 721.933, 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 721.934, 724.934, and 725.985.

 

Method 25D (Determination of the Volatile Organic Concentration of Waste Samples), referenced in 35 Ill. Adm. Code 721.983, 724.982, 725.983, and 725.984.

 

Method 25E (Determination of Vapor Phase Organic Concentration in Waste Samples), referenced in 35 Ill. Adm. Code 721.983 and 725.984.

 

Method 27 (Determination of Vapor Tightness of Gasoline Delivery Tank Using Pressure-Vacuum Test), referenced in 35 Ill. Adm. Code 721.986, 724.986, and 725.987.

 

40 CFR 61 (2019) (National Emission Standards for Hazardous Air Pollutants), referenced generally in 35 Ill. Adm. Code 721.104, 721.933, 721.950, 721.964, 721.980, 724.933, 724.964, 725.933, 725.964, and 725.980.

 

Subpart V of 40 CFR 61 (2019) (National Emission Standard for Equipment Leaks (Fugitive Emission Sources)), referenced in 35 Ill. Adm. Code 721.989, 724.989, and 725.990.

 

Subpart FF of 40 CFR 61 (2019) (National Emission Standard for Benzene Waste Operations), referenced in 35 Ill. Adm. Code 724.982 and 725.983.

 

40 CFR 63 (2019) (National Emission Standards for Hazardous Air Pollutants for Source Categories), referenced generally in 35 Ill. Adm. Code 721.293, 721.933, 721.950, 721.964, 721.980, 724.933, 724.964, 724.980, 725.933, 725.964, 725.980, and 726.200.

 

Subpart RR of 40 CFR 63 (2019) (National Emission Standards for Individual Drain Systems), referenced in 35 Ill. Adm. Code 721.984, 724.984, 724.985, 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 (2019) (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 (2019) (Test Methods), referenced in 35 Ill. Adm. Code 721.983 and 725.984.

 

Appendix C to 40 CFR 63 (2019) (Determination of the Fraction Biodegraded (F_bio) in a Biological Treatment Unit), referenced in 35 Ill. Adm. Code 725.984.

 

Appendix D to 40 CFR 63 (2019) (Test Methods), referenced in 35 Ill. Adm. Code 721.983 and 725.984.

 

40 CFR 136.3 (Identification of Test Procedures) (2019), referenced in 35 Ill. Adm. Code 702.110, 704.150, 704.187, and 730.103.

 

40 CFR 144.70 (2019) (Wording of the Instruments), referenced in 35 Ill. Adm. Code 704.240.

 

40 CFR 232.2 (2019) (Definitions), referenced in 35 Ill. Adm. Code 721.104.

 

40 CFR 257 (2019) (Criteria for Classification of Solid Waste Disposal Facilities and Practices), referenced in 35 Ill. Adm. Code 739.181.

 

Subpart B of 40 CFR 257 (2019) (Disposal Standards for the Receipt of Conditionally Exempt Small Quantity Generator (CESQG) Wastes at Non-Municipal Non-Hazardous Waste Disposal Units) (40 CFR 257.5 through 257.30), referenced in 35 Ill. Adm. Code 722.114.

 

40 CFR 258 (2019) (Criteria for Municipal Solid Waste Landfills), referenced in 35 Ill. Adm. Code 739.181.

 

40 CFR 260.21(b) (2019) (Alternative Equivalent Testing Methods), referenced in Section 720.121.

 

40 CFR 261.151 (2019) (Wording of the Instruments), referenced in 35 Ill. Adm. Code 721.251.

 

Appendix III to 40 CFR 261 (2019) (Chemical Analysis Test Methods), referenced in 35 Ill. Adm. Code 704.150 and 704.187.

 

Appendix to 40 CFR 262 (2019) (Uniform Hazardous Waste Manifest and Instructions (EPA Forms 8700-22 and 8700-22A and Their Instructions)), referenced in Appendix A to 35 Ill. Adm. Code 722 and 35 Ill. Adm. Code 724.986 and 725.987.

 

40 CFR 264.151 (2019) (Wording of the Instruments), referenced in 35 Ill. Adm. Code 724.251 and 727.240.

 

40 CFR 264.1311 (2019) (Manifest Transactions Subject to Fees), referenced in 35 Ill. Adm. Code 724.171.

 

40 CFR 264.1312 (2019) (User Fee Calculation Methodology), referenced in 35 Ill. Adm. Code 724.171.

 

40 CFR 264.1313 (2019) (User Fee Revisions), referenced in 35 Ill. Adm. Code 724.171.

 

40 CFR 264.1314 (2019) (How to Make User Fee Payments), referenced in 35 Ill. Adm. Code 724.171.

 

40 CFR 264.1315 (2019) (Sanctions for Delinquent Payments), referenced in 35 Ill. Adm. Code 724.171.

 

40 CFR 264.1316 (2019) (Informal Fee Dispute Resolution), referenced in 35 Ill. Adm. Code 724.171.

 

Subpart FF of 40 CFR 264 (2019) (Fees for the Electronic Hazardous Waste Manifest Program), referenced in Sections 720.104 and 720.105.

 

Appendix I to 40 CFR 264 (2019) (Recordkeeping Instructions), referenced in Appendix A to 35 Ill. Adm. Code 724.

 

Appendix IV to 40 CFR 264 (2019) (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 (2019) (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 (2019) (Political Jurisdictions in Which Compliance with § 264.18(a) Must Be Demonstrated), referenced in 35 Ill. Adm. Code 703.306, 724.118, and 727.110.

 

40 CFR 265.1311 (2019) (Manifest Transactions Subject to Fees), referenced in 35 Ill. Adm. Code 725.171.

 

40 CFR 265.1312 (2019) (User Fee Calculation Methodology), referenced in 35 Ill. Adm. Code 725.171.

 

40 CFR 265.1313 (2019) (User Fee Revisions), referenced in 35 Ill. Adm. Code 725.171.

 

40 CFR 265.1314 (2019) (How to Make User Fee Payments), referenced in 35 Ill. Adm. Code 725.171.

 

40 CFR 265.1315 (2019) (Sanctions for Delinquent Payments), referenced in 35 Ill. Adm. Code 725.171.

 

40 CFR 265.1316 (2019) (Informal Fee Dispute Resolution), referenced in 35 Ill. Adm. Code 725.171.

 

Subpart FF of 40 CFR 265 (2019) (Fees for the Electronic Hazardous Waste Manifest Program), referenced in Sections 720.104 and 720.105.

 

Appendix I to 40 CFR 265 (2019) (Recordkeeping Instructions), referenced in Appendix A to 35 Ill. Adm. Code 725.

 

Appendix III to 40 CFR 265 (2019) (EPA Interim Primary Drinking Water Standards), referenced in Appendix C to 35 Ill. Adm. Code 725.

 

Appendix IV to 40 CFR 265 (2019) (Tests for Significance), referenced in Appendix D to 35 Ill. Adm. Code 725.

 

Appendix V to 40 CFR 265 (2019) (Examples of Potentially Incompatible Waste), referenced in 35 Ill. Adm. Code 725.277, 725.301, 725.330, 725.357, 725.382, and 725.413 and Appendix E to 35 Ill. Adm. Code 725.

 

Appendix IX to 40 CFR 266 (2019) (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 and 726.206.

 

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 267.151 (2019) (Wording of the Instruments), referenced in 35 Ill. Adm. Code 727.240.

 

40 CFR 270.5 (2019) (Noncompliance and Program Reporting by the Director), referenced in 35 Ill. Adm. Code 703.305.

 

40 CFR 302 (2019) (Designation, Reportable Quantities, and Notification), referenced in 35 Ill. Adm. Code 721.293.

 

40 CFR 403.5 (2019) (National Pretreatment Standards:  Prohibited Discharges), referenced in 35 Ill. Adm. Code 721.104 and 726.605.

 

40 CFR 711.15(a)(4)(i)(C) (2019) (Designation, Reportable Quantities, and Notification), referenced in 35 Ill. Adm. Code 721.104.

 

40 CFR 761 (2019) (Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions), referenced generally in 35 Ill. Adm. Code 728.145.

 

40 CFR 761.3 (2019) (Definitions), referenced in 35 Ill. Adm. Code 728.102 and 739.110.

 

40 CFR 761.60 (2019) (Disposal Requirements), referenced in 35 Ill. Adm. Code 728.142.

 

40 CFR 761.65 (2019) (Storage for Disposal), referenced in 35 Ill. Adm. Code 728.150.

 

40 CFR 761.70 (2019) (Incineration), referenced in 35 Ill. Adm. Code 728.142.

 

Subpart B of 49 CFR 107 (2019) (Exemptions), referenced generally in 35 Ill. Adm. Code 724.986 and 725.987.

 

49 CFR 171 (2019) (General Information, Regulations, and Definitions), referenced generally in 35 Ill. Adm. Code 721.104, 726.609, 733.118, 733.138, 733.152, and 739.143.

 

49 CFR 171.3 (2019) (Hazardous Waste), referenced in 35 Ill. Adm. Code 722.133.

 

49 CFR 171.8 (2019) (Definitions and Abbreviations), referenced in 35 Ill. Adm. Code 726.609, 733.118, 733.138, 733.152, 733.155, and 739.143.

 

49 CFR 171.15 (2019) (Immediate Notice of Certain Hazardous Materials Incidents), referenced in 35 Ill. Adm. Code 723.130 and 739.143.

 

49 CFR 171.16 (2019) (Detailed Hazardous Materials Incident Reports), referenced in 35 Ill. Adm. Code 723.130 and 739.143.

 

49 CFR 172 (2019) (Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements), referenced generally in 35 Ill. Adm. Code 721.104, 721.986, 722.131, 722.132, 724.986, 725.987, 726.609, 733.114, 733.118, 733.134, 733.138, 733.152, 733.155, and 739.143.

 

Table to 49 CFR 172.101 (2019) (Hazardous Materials Table), referenced in 35 Ill. Adm. Code 721.104, 722.183, 722.184, 724.112, and 725.112.

 

49 CFR 172.304 (2019) (Marking Requirements), referenced in 35 Ill. Adm. Code 722.132 and 766.608.

 

Subpart C of 49 CFR 172 (2019) (Shipping Papers), referenced in 35 Ill. Adm. Code 722.124 and 726.610.

 

Subpart D of 49 CFR 172 (2019) (Marking), referenced in 35 Ill. Adm. Code 726.608.

 

Subpart E of 49 CFR 172 (2019) (Labeling), referenced in 35 Ill. Adm. Code 722.114, 722.115, and 726.608.

 

Subpart F of 49 CFR 172 (2019) (Placarding), referenced in 35 Ill. Adm. Code 722.114, 722.115, 722.133, and 726.608.

 

49 CFR 173 (2019) (Shippers – General Requirements for Shipments and Packages), referenced generally in 35 Ill. Adm. Code 721.104, 721.986, 722.130, 724.416, 724.986, 725.416, 725.987, 726.608, 726.609, 733.118, 733.138, 733.152, and 739.143.

 

49 CFR 173.2 (2019) (Hazardous Materials Classes and Index to Hazard Class Definitions), referenced in 35 Ill. Adm. Code 733.152.

 

49 CFR 173.12 (2019) (Exceptions for Shipments of Waste Materials), referenced in 35 Ill. Adm. Code 724.416, 724.986, 725.416, and 725.987.

 

49 CFR 173.28 (2019) (Reuse, Reconditioning, and Remanufacture of Packagings), referenced in 35 Ill. Adm. Code 725.273.

 

49 CFR 173.50 (2019) (Class 1 − Definitions), referenced in 35 Ill. Adm. Code 721.123.

 

49 CFR 173.54 (2019) (Forbidden Explosives), referenced in 35 Ill. Adm. Code 721.123.

 

49 CFR 173.115 (2019) (Class 2, Divisions 2.1, 2.2, and 2.3 − Definitions), referenced in 35 Ill. Adm. Code 721.121.

 

49 CFR 173.127 (2019) (Class 2, Divisions 2.1, 2.2, and 2.3 – Definition and Assignment of Packaging Groups), referenced in 35 Ill. Adm. Code 721.121.

 

49 CFR 174 (2019) (Carriage by Rail), referenced generally in 35 Ill. Adm. Code 726.609, 733.118, 733.138, 733.152, and 739.143.

 

49 CFR 175 (2019) (Carriage by Aircraft), referenced generally in 35 Ill. Adm. Code 726.609, 733.118, 733.138, 733.152, and 739.143.

 

49 CFR 176 (2019) (Carriage by Vessel), referenced generally in 35 Ill. Adm. Code 726.609, 733.118, 733.138, 733.152, and 739.143.

 

49 CFR 177 (2019) (Carriage by Public Highway), referenced generally in 35 Ill. Adm. Code 726.609, 733.118, 733.138, 733.152, and 739.143.

 

49 CFR 177.817 (2019) (Shipping Papers), referenced in 35 Ill. Adm. Code 722.124.

 

49 CFR 178 (2019) (Specifications for Packagings), referenced generally in 35 Ill. Adm. Code 721.104, 721.986, 722.130, 724.416, 724.986, 725.416, 725.987, 726.608, 726.609, 733.118, 733.138, 733.152, and 739.143.

 

49 CFR 179 (2019) (Specifications for Tank Cars), referenced in 35 Ill. Adm. Code 721.104, 721.986, 722.130, 724.416, 724.986, 725.416, 725.987, 726.609, 733.118, 733.138, 733.152, and 739.143.

 

49 CFR 180 (2019) (Continuing Qualification and Maintenance of Packagings), referenced generally in 35 Ill. Adm. Code 721.986, 724.986, 725.987, 726.608, 726.609, 733.118, 733.138, 733.152, and 739.143.

 

49 CFR 190 (2019) (Pipeline Safety Programs and Rulemaking Procedures), referenced generally in 35 Ill. Adm. Code 721.104.

 

49 CFR 191 (2019) (Transportation of Natural and Other Gas by Pipeline:  Annual Reports, Incident Reports, and Safety-Related Condition Reports), referenced generally in 35 Ill. Adm. Code 721.104.

 

49 CFR 192 (2019) (Transportation of Natural and Other Gas by Pipeline:  Minimum Federal Safety Standards), referenced generally in 35 Ill. Adm. Code 721.104.

 

49 CFR 193 (2019) (Liquefied Natural Gas Facilities:  Federal Safety Standards), referenced generally in 35 Ill. Adm. Code 721.104.

 

49 CFR 194 (2019) (Response Plans for Onshore Oil Pipelines), referenced generally in 35 Ill. Adm. Code 721.104.

 

49 CFR 195 (2019) (Transportation of Hazardous Liquids by Pipeline), referenced generally in 35 Ill. Adm. Code 721.104.

 

49 CFR 196 (2019) (Protection of Underground Pipelines from Excavation Activity), referenced generally in 35 Ill. Adm. Code 721.104.

 

49 CFR 198 (2019) (Regulations for Grants to Aid State Pipeline Safety Programs), referenced generally in 35 Ill. Adm. Code 721.104.

 

49 CFR 199 (2019) (Drug and Alcohol Testing), referenced generally in 35 Ill. Adm. Code 721.104.

 

c)         Federal Statutes:

 

Section 11 of the Atomic Energy Act of 1954 (42 USC 2014 (2018)), referenced in 35 Ill. Adm. Code 721.104 and 726.310.

 

Sections 301, 304, 307, and 402 of the Clean Water Act (33 USC 1311, 1314, 1337, and 1342 (2018)), referenced in 35 Ill. Adm. Code 721.293.

 

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) (2018)), referenced in Section 720.110 and 35 Ill. Adm. Code 733.109.

 

Section 201(ff) of the Federal Food, Drug, and Cosmetic Act (FFDCA; 21 USC 321(ff) (2018)), referenced in Section 726.600.

 

Section 102(27) of the Controlled Substances Act (21 USC 802(27) (2018) ("Ultimate User")), referenced in 35 Ill. Adm. Code 726.606.

 

Section 1004 of the Resource Conservation and Recovery Act (42 USC 6903 (2018)), referenced in 35 Ill. Adm. Code 721.931, 721.951, 721.981, 724.931, 724.981, 725.931, 725.951, and 725.981.

 

Chapter 601 of subtitle VIII of 49 USC (49 USC 60101 through 60140 (2018)), referenced in 35 Ill. Adm. Code 721.104.

 

Section 1412 of the Department of Defense Authorization Act of 1986 (50 USC 1521(j)(1) (2018)), referenced in 35 Ill. Adm. Code 726.301.

 

d)         This Section incorporates no later editions or amendments.

 

(Source:  Amended at 44 Ill. Reg. 15067, effective September 3, 2020)

SUBPART C: RULEMAKING PETITIONS AND OTHER PROCEDURES

 

Section 720.120  Rulemaking

 

a)         Any person may petition the Board to adopt as State regulations rules that are identical in substance with newly-adopted federal amendments or regulations.  The petition must take the form of a proposal for rulemaking pursuant to 35 Ill. Adm. Code 102.  The proposal must  include a listing of all amendments to 40 CFR 260 through 268, 273, or 279 that have been made since the last preceding amendment or proposal to amend 35 Ill. Adm. Code 720 through 728, 733, or 739, pursuant to Section 22.4(a) of the Environmental Protection Act.

 

b)         Any person may petition the Board to adopt amendments or additional regulations not identical in substance with federal regulations.  Such proposal must conform to 35 Ill. Adm. Code 102 and Section 22.4(b) or 22.4(c) and Title VII of the Environmental Protection Act.

 

(Source:  Amended at 42 Ill. Reg. 21215, effective November 19, 2018)

 

Section 720.121  Alternative Equivalent Testing Methods

 

a)         The Agency has no authority to alter the universe of regulated wastes. Modification of testing methods that are stated in 35 Ill. Adm. Code 721 requires rulemaking pursuant to Section 720.120.  However, deviation from these methods is allowed under 35 Ill. Adm. Code 721, as observed, for example, in the Board Note appended to  35 Ill. Adm. Code 721.120(c).

 

b)         The Agency may approve alternative equivalent testing methods for a particular person's use to determine whether specified waste streams are subject to these regulations.  This must  be done by permit condition or letter.  Any petition to the Board or request to the Agency concerning alternative equivalent testing methods must include the information required by 40 CFR 260.21(b), incorporated by reference in 35 Ill. Adm. Code 720.111(b).

 

c)         The testing methods specified in 35 Ill. Adm. Code 721 or alternative equivalent testing methods approved by the Agency need not  be applied to identify or distinguish waste streams that are known, admitted, or assumed to be subject to these regulations.  In this case, any method may be used, subject to the Agency's authority to approve the  testing procedures used .

 

d)         If USEPA amends the federal regulations to allow the use of a new testing method, USEPA has stated that it will incorporate the new method by reference in 40 CFR 260.11 and add it to "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", USEPA publication number EPA-530/SW-846, incorporated by reference in Section 720.111(b).

 

e)         Alternative equivalent testing methods will not be approved if the result of the approval would make the Illinois RCRA Subtitle C program less than substantially equivalent to the federal.

 

(Source:  Amended at 42 Ill. Reg. 21215, effective November 19, 2018)

 

Section 720.122  Waste Delisting

 

a)         Any person seeking to exclude a waste from a particular generating facility from the lists in Subpart D of 35 Ill. Adm. Code 721 may file a petition, as specified in subsection (n).  The Board will grant the petition if the following occur:

 

1)         The petitioner demonstrates that the waste produced by a particular generating facility does not meet any of the criteria under which the waste was listed as a hazardous or acute hazardous waste; and

 

2)         The Board determines that there is a reasonable basis to believe that factors (including additional constituents) other than those for which the waste was listed could cause the waste to be a hazardous waste, that such factors do not warrant retaining the waste as a hazardous waste.  A Board determination under the preceding sentence must be made by reliance on, and in a manner consistent with, "EPA RCRA Delisting Program − Guidance Manual for the Petitioner",  incorporated by reference in Section 720.111(a). A waste that is so excluded, however, still may be a hazardous waste by operation of Subpart C of 35 Ill. Adm. Code 721.

 

b)         Listed Wastes and Mixtures.  A person may also petition the Board to exclude from 35 Ill. Adm. Code 721.103(a)(2)(B) or (c), a waste that is described in these Sections and is either a waste listed in Subpart D of 35 Ill. Adm. Code 721, or is derived from a waste listed in that Subpart. This exclusion may only be granted for a particular generating, storage, treatment, or disposal facility.  The petitioner must make the same demonstration as required by subsection (a).  Where the waste is a mixture of a solid waste and one or more listed hazardous wastes or is derived from one or more listed hazardous wastes, the demonstration must be made with respect to the waste mixture as a whole; analyses must be conducted for not only those constituents for which the listed waste contained in the mixture was listed as hazardous, but also for factors (including additional constituents) that could cause the waste mixture to be a hazardous waste. A waste that is so excluded may still be a hazardous waste by operation of Subpart C of 35 Ill. Adm. Code 721.

 

c)         Ignitable, Corrosive, Reactive and Toxicity Characteristic Wastes. If the waste is listed in codes "I", "C", "R", or "E" in Subpart D of 35 Ill. Adm. Code 721, the following requirements apply:

 

1)         The petitioner must  demonstrate that the waste does not exhibit the relevant characteristic for which the waste was listed, as defined in 35 Ill. Adm. Code 721.121, 721.122, 721.123, or 721.124, using any applicable methods prescribed in those Sections.  The petitioner must also show that the waste does not exhibit any of the other characteristics, defined in those Sections, using any applicable methods prescribed in those Sections; and

 

2)         Based on a complete petition, the Board will determine, if it has a reasonable basis to believe that factors (including additional constituents) other than those for which the waste was listed could cause the waste to be hazardous waste, that such factors do not warrant retaining the waste as a hazardous waste.  A Board determination under the preceding sentence must be made by reliance on, and in a manner consistent with, "EPA RCRA Delisting Program − Guidance Manual for the Petitioner", incorporated by reference in Section 720.111(a). A waste that is so excluded, however, may still be a hazardous waste by operation of Subpart C of 35 Ill. Adm. Code 721.

 

d)         Toxic Waste.  If the waste is listed in code "T" in Subpart D of 35 Ill. Adm. Code 721, the following requirements apply:

 

1)         The petitioner must demonstrate that the waste fulfills the following criteria:

 

A)        It does  not contain the constituent or constituents (as defined in Appendix G of 35 Ill. Adm. Code 721) that caused USEPA  to list the waste; or

 

B)        Although containing one or more of the hazardous constituents (as defined in Appendix G of 35 Ill. Adm. Code 721) that caused USEPA to list the waste, the waste does not meet the criterion of 35 Ill. Adm. Code 721.111(a)(3) when considering the factors used in 35 Ill. Adm. Code 721.111(a)(3)(A) through (a)(3)(K) under which the waste was listed as hazardous.

 

2)         Based on a complete petition, the Board will determine, if it has a reasonable basis to believe that factors (including additional constituents) other than those for which the waste was listed could cause the waste to be hazardous waste, that such factors do not warrant retaining the waste as a hazardous waste.

 

3)         The petitioner must demonstrate that the waste does not exhibit any of the characteristics, defined in 35 Ill. Adm. Code 721.121, 721.122, 721.123, or 721.124, using any applicable methods prescribed in those Sections.

 

4)         A waste that is so excluded, however, may still be a hazardous waste by operation of Subpart C of 35 Ill. Adm. Code 721.

 

e)         Acute Hazardous Waste.  If the waste is listed with the code "H" in Subpart D of 35 Ill. Adm. Code 721, the following requirements apply:

 

1)         The petitioner must demonstrate that the waste does not meet the criterion of 35 Ill. Adm. Code 721.111(a)(2); and

 

2)         Based on a complete petition, the Board will determine, if it has a reasonable basis to believe that factors (including additional constituents) other than those for which the waste was listed could cause the waste to be hazardous waste, that such factors do not warrant retaining the waste as a hazardous waste. A Board determination under the preceding sentence must be made by reliance on, and in a manner consistent with, "EPA RCRA Delisting Program −  Guidance Manual for the Petitioner", incorporated by reference in Section 720.111(a).

 

3)         The petitioner must demonstrate that the waste does not exhibit any of the characteristics, defined in 35 Ill. Adm. Code 721.121, 721.122, 721.123, or 721.124, using any applicable methods prescribed in those Sections.

 

4)         A waste that is so excluded, however, may still be a hazardous waste by operation of Subpart C of 35 Ill. Adm. Code 721.

 

f)         This subsection (f) corresponds with 40 CFR 260.22(f), which USEPA has marked "reserved". This statement maintains structural consistency with the federal regulations.

 

g)         This subsection (g) corresponds with 40 CFR 260.22(g), which USEPA has marked "reserved".  This statement maintains structural consistency with the federal regulations.

 

h)         Demonstration samples must consist of enough representative samples, but in no case less than four samples, taken over a period of time sufficient to represent the variability or the uniformity of the waste.

 

i)          Each petition must include, in addition to the information required by subsection (n):

 

1)         The name and address of the laboratory facility performing the sampling or tests of the waste;

 

2)         The names and qualifications of the persons sampling and testing the waste;

 

3)         The dates of sampling and testing;

 

4)         The location of the generating facility;

 

5)         A description of the manufacturing processes or other operations and feed materials producing the waste and an assessment of whether such processes, operations, or feed materials can or might produce a waste that is not covered by the demonstration;

 

6)         A description of the waste and an estimate of the average and maximum monthly and annual quantities of waste covered by the demonstration;

 

7)         Pertinent data on and discussion of the factors delineated in the respective criterion for listing a hazardous waste, where the demonstration is based on the factors in 35 Ill. Adm. Code 721.111(a)(3);

 

8)         A description of the methodologies and equipment used to obtain the representative samples;

 

9)         A description of the sample handling and preparation techniques, including techniques used for extraction, containerization, and preservation of the samples;

 

10)         A description of the tests performed (including results);

 

11)         The names and model numbers of the instruments used in performing the tests; and

 

12)         The following statement signed by the generator or the generator's authorized representative:

 

I certify under penalty of law that I have personally examined and am familiar with the information submitted in this demonstration and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate and complete.  I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.

 

j)          After receiving a petition, the Board may request any additional information that the Board needs to evaluate the petition.

 

k)         An exclusion will only apply to the waste generated at the individual facility covered by the demonstration and will not apply to waste from any other facility.

 

l)          The Board will exclude only part of the waste for which the demonstration is submitted if the Board determines that variability of the waste justifies a partial exclusion.

BOARD NOTE:  See "EPA RCRA Delisting Program −  Guidance Manual for the Petitioner", incorporated by reference in Section 720.111(a).

 

m)        Delisting of specific wastes from specific sources that have been adopted by USEPA may be proposed as State regulations that are identical in substance pursuant to Section 720.120(a).

 

n)         Delistings that have not been adopted by USEPA may be proposed to the Board pursuant to a petition for adjusted standard pursuant to Section 28.1 of the Act and Subpart D of 35 Ill. Adm. Code 104.  The justification for the adjusted standard is as specified in subsections (a) through (g), as applicable to the waste in question. The petition must be clearly labeled as a RCRA delisting adjusted standard petition.

 

1)         In accordance with 35 Ill. Adm. Code 101.304, the petitioner must serve copies of the petition, and any other documents filed with the Board, on USEPA at the following addresses:

 

            USEPA  

            Office of Resource Conservation and Recovery

            1200 Pennsylvania Avenue, NW

            Washington, D.C. 20460

 

            USEPA, Region 5  

            77 West Jackson Boulevard

            Chicago, IL 60604

 

2)         The Board will mail copies of all opinions and orders to USEPA at the above addresses.

 

3)         In conjunction with the normal updating of the RCRA regulations, the Board will maintain, in Appendix I of 35 Ill. Adm. Code 721, a listing of all adjusted standards granted by the Board.

 

o)         The Agency may determine in a permit or a letter directed to a generator that, based on 35 Ill. Adm. Code 721, a waste from a particular source is not subject to these regulations.  Such a finding is evidence against the Agency in any subsequent proceedings but will not be conclusive with reference to other persons or the Board.

 

p)         Any petition to delist directed to the Board or request for determination directed to the Agency must include a showing that the waste will be generated or managed in Illinois.

 

q)         The Board will not grant any petition that would render the Illinois RCRA program less stringent than if the decision were made by USEPA.

 

r)          Delistings apply only within Illinois.  Generators must comply with 35 Ill. Adm. Code 722 for waste that is hazardous in any state to which it is to be transported.

 

(Source:  Amended at 42 Ill. Reg. 21215, effective November 19, 2018)

 

Section 720.123  Petitions for Regulation as Universal Waste

 

a)         Any person seeking to add a hazardous waste or a category of hazardous waste to the universal waste regulations of 35 Ill. Adm. Code 733 may petition for a regulatory amendment under this Section, Section 720.120, and Subpart G of 35 Ill. Adm. Code 733.

 

b)         Petition and Demonstration.

 

1)         To be successful, the petitioner must demonstrate each of the following:

 

A)        That regulation under the universal waste regulations of 35 Ill. Adm. Code 733 is appropriate for the waste or category of waste;

 

B)        That regulation under 35 Ill. Adm. Code 733 will improve management practices for the waste or category of waste; and

 

C)        That regulation under 35 Ill. Adm. Code 733 will improve implementation of the hazardous waste program.

 

2)         The petition must include the information required by Section 720.120(b).  The petition should also address as many of the factors listed in 35 Ill. Adm. Code 733.181 as are appropriate for the waste or category of waste addressed in the petition.

 

c)         The Board will grant or deny a petition using the factors listed in 35 Ill. Adm. Code 733.181.  The decision will be based on the weight of evidence that shows the following with regard to regulation under 35 Ill. Adm. Code 733:

 

1)         That it is appropriate for the waste or category of waste,

 

2)         That it will improve management practices for the waste or category of waste, and

 

3)         That it will improve implementation of the hazardous waste program.

 

d)         The Board may request additional information to that set forth in 35 Ill. Adm. Code 733.181, as needed to evaluate the merits of the petition.

 

(Source:  Amended at 27 Ill. Reg. 12713, effective July 17, 2003)

 

Section 720.130  Procedures for Solid Waste Determinations and Non-Waste Determinations

 

In accordance with the standards and criteria in Sections 720.131 and 720.134 and the procedures in Section 720.133, the Board will determine on a case-by-case basis that the following recycled materials are not solid wastes:

 

a)         Materials that are accumulated speculatively without sufficient amounts being recycled (as defined in 35 Ill. Adm. Code 721.101(c)(8));

 

b)         Materials that are reclaimed and then reused within the original production process in which they were generated;

 

c)         Materials that have been reclaimed but must be reclaimed further before the materials are completely recovered;

 

d)         Hazardous secondary materials that are reclaimed in a continuous industrial process; and

 

e)         Hazardous secondary materials that are indistinguishable in all relevant aspects from a product or intermediate.

 

(Source:  Amended at 43 Ill. Reg. 446, effective December 6, 2018)

 

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 extent to which the material is handled before reclamation to minimize loss;

 

3)         The time periods between generating the material and its reclamation, and between reclamation and return to the original primary production process;

 

4)         The location of the reclamation operation in relation to the production process;

 

5)         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;

 

6)         Whether the person that generates the material also reclaims it; and

 

7)         Other relevant factors.

 

c)         The Board will determine, as provided in Section 720.133, that those hazardous secondary materials that have been partially reclaimed but must be reclaimed further before recovery is completed are not solid wastes if the partial reclamation has produced a commodity-like material.  A determination that a partially-reclaimed material for which the determination is sought is commodity-like will be based on whether the hazardous secondary material is legitimately recycled, as specified in Section 720.143, and on whether all of the following decision criteria are satisfied:

 

1)         Whether the degree of partial reclamation the material has undergone is substantial, as demonstrated by using a partial reclamation process other than the process that generated the hazardous secondary material;

 

2)         Whether the partially-reclaimed material has sufficient economic value that it will be purchased for further reclamation;

 

3)         Whether the partially-reclaimed material is a viable substitute for a product or intermediate produced from virgin or raw materials which is used in subsequent production steps;

 

4)         Whether there is a market for the partially-reclaimed material, as demonstrated by known customers who are further reclaiming the material (e.g., records of sales or contracts and evidence of subsequent use, such as bills of lading); and

 

5)         Whether the partially-reclaimed material is handled to minimize loss.

 

(Source:  Amended at 43 Ill. Reg. 446, effective December 6, 2018)

 

Section 720.132  Boiler Determinations

 

In accordance with the standards and criteria in Section 720.110 (definition of "boiler"), and the procedures in 720.133, the Board will determine on a case-by-case basis that certain enclosed devices using controlled flame combustion are boilers, even though they do not otherwise meet the definition of boiler contained in Section 720.110, after considering the following criteria:

 

a)         The extent to which the unit has provisions for recovering and exporting thermal energy in the form of steam, heated fluids or heated gases; 

 

b)         The extent to which the combustion chamber and energy recovery equipment are of integral design; 

 

c)         The efficiency of energy recovery, calculated in terms of the recovered energy compared with the thermal value of the fuel; 

 

d)         The extent to which exported energy is utilized; 

 

e)         The extent to which the device is in common and customary use as a "boiler" functioning primarily to produce steam, heated fluids or heated gases; and

 

f)         Other relevant factors.

 

(Source:  Amended at 27 Ill. Reg. 12713, effective July 17, 2003)

 

Section 720.133  Procedures for Determinations

 

The Board will use the procedures of Subpart D of 35 Ill. Adm. Code 104 for determining whether a material is a solid waste, for determining that a hazardous secondary material is managed at a verified facility, for determining whether a particular enclosed flame combustion device is a boiler, or for evaluating an application for a non-waste determination.

 

a)         The application must address the relevant criteria contained in Section 720.131, 720.132, or 720.134, as applicable.

 

b)         This subsection (b) corresponds with 40 CFR 260.33(b), which pertains to the USEPA procedure for review of petitions.  This statement maintains structural consistency with USEPA rules.

 

c)         Changed Circumstances.

 

1)         In the event of a change in circumstances that affects how a hazardous secondary material meets the relevant criteria contained in Section 720.131, 720.132, or 720.134 upon which a solid waste, verified facility, or non-waste determination has been based, the applicant must send a description of the change in circumstances to the Board as a petition for adjusted standard that requests modification of the previously granted solid waste, boiler, or non-waste determination under which the petitioner operates or, in the alternative, a Board order that no such modification is necessary.

 

2)         The Board will do the following:

 

A)        determine, based on the record, whether the hazardous secondary material continues to meet the relevant criteria that justify exclusion from definition as solid waste; and

 

B)        issue an appropriate order granting or denying the petition.

 

d)         A solid waste, verified facility, boiler, or non-waste determination is effective for a fixed term not to exceed 10 years, except as provided in this subsection (d).  No later than six months prior to the end of this term, facilities must re-apply for a solid waste, verified facility, boiler, or non-waste determination.  If a facility owner or operator re-applies for a solid waste, verified facility, boiler, or non-waste determination no later than six months prior to expiration of a solid waste, verified facility, boiler, or non-waste determination, the facility may continue to operate under an expired solid waste, boiler, or non-waste determination until receiving a decision on the re-application from the Board.

 

e)         A facility that receives a solid waste, boiler, or non-waste determination must provide notification, as required by Section 720.142.

 

(Source:  Amended at 40 Ill. Reg. 11286, effective August 9, 2016)

 

Section 720.134  Non-Waste Determinations

 

a)         A person generating, managing, or reclaiming hazardous secondary material may petition the Board pursuant to this Section, Section 720.133 and Section 28.2 of the Act for an adjusted standard that is a formal determination that a hazardous secondary material is not discarded and therefore is not a solid waste.  The Board's adjusted standard determination will be based on the criteria contained in either subsection (b) or (c), as applicable.  If the Board denies the petition, the hazardous secondary material might still be eligible for a solid waste determination or verified facility determination pursuant to Section 720.131 or an exclusion.  A determination made by the Board pursuant to this Section becomes effective upon occurrence of the first of the following two events:

 

1)         After USEPA has authorized Illinois to administer this segment of the hazardous waste regulations, the determination is effective upon issuance of the Board order that grants the non-waste determination; or

 

2)         Before USEPA has granted such authorization, the non-waste determination becomes effective upon fulfillment of all of the following conditions:

 

A)        The Board has granted an adjusted standard which determines that the hazardous secondary material meets the criteria in either subsection (b) or (c), as applicable;

 

B)        The Agency has requested that USEPA review the Board's non-waste determination; and

 

C)        USEPA has approved the Board's non-waste determination.

 

b)         The Board will grant a non-waste determination for hazardous secondary material that is reclaimed in a continuous industrial process if the Board determines that the applicant has demonstrated that the hazardous secondary material is a part of the production process and the material is not discarded.  The determination will be based on whether the hazardous secondary material is legitimately recycled, as determined pursuant to Section 720.143, and on the following criteria:

 

1)         The extent to which the management of the hazardous secondary material is part of the continuous primary production process and is not waste treatment;

 

2)         Whether the capacity of the production process would use the hazardous secondary material in a reasonable time frame and ensure that the hazardous secondary material will not be abandoned (for example, based on past practices, market factors, the nature of the hazardous secondary material, or any contractual arrangements);

 

3)         Whether the hazardous constituents in the hazardous secondary material are reclaimed, rather than released to the air, water, or land, at significantly higher levels, from either a statistical or from a health and environmental risk perspective, than would otherwise be released by the production process; and

 

4)         Other relevant factors which demonstrate that the hazardous secondary material is not discarded, including why the hazardous secondary material cannot meet, or should not have to meet, the conditions of an exclusion under 35 Ill. Adm. Code 721.102 or 721.104.

 

c)         The Board will grant a non-waste determination for a hazardous secondary material that is indistinguishable in all relevant aspects from a product or intermediate if the petitioner demonstrates that the hazardous secondary material is comparable to a product or intermediate and is not discarded.  The Board's determination will be based on whether the hazardous secondary material is legitimately recycled, as determined pursuant to Section 720.143, and on the following criteria:

 

1)         Whether market participants treat the hazardous secondary material as a product or intermediate, rather than as a waste (for example, based on the current positive value of the hazardous secondary material, stability of demand, or any contractual arrangements);

 

2)         Whether the chemical and physical identity of the hazardous secondary material is comparable to commercial products or intermediates;

 

3)         Whether the capacity of the market would use the hazardous secondary material in a reasonable time frame and ensure that the hazardous secondary material will not be abandoned (for example, based on past practices, market factors, the nature of the hazardous secondary material, or any contractual arrangements);

 

4)         Whether the hazardous constituents in the hazardous secondary material are reclaimed, rather than released to the air, water, or land, at significantly higher levels, from either a statistical or from a health and environmental risk perspective, than would otherwise be released by the production process; and

 

5)         Other relevant factors which demonstrate that the hazardous secondary material is not discarded, including why the hazardous secondary material cannot meet, or should not have to meet, the conditions of an exclusion under 35 Ill. Adm. Code 721.102 or 721.104.

 

(Source:  Amended at 42 Ill. Reg. 21215, effective November 19, 2018)

 

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)(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. 11726, effective July 14, 2008)

 

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)(C) under the provisions of 35 Ill. Adm. Code 721.106(b) and (c) rather than under the provisions of Subpart F of 35 Ill. Adm. Code 726.

 

a)         If a generator is accumulating the waste, the Agency must  issue a notice setting forth the factual basis for the decision and stating that the person must comply with the applicable requirements of Subparts A, C, D and E of 35 Ill. Adm. Code 722.  The notice will become final within 30 days, unless the person served requests a public hearing to challenge the decision.  Upon receiving such a request, the Agency must  hold a public hearing.  The Agency must provide notice of the hearing to the public and allow public participation at the hearing.  The Agency must issue a final written memorandum of decision after the hearing stating whether or not compliance with 35 Ill. Adm. Code 722 is required, and setting forth the reasons for the Agency's decision, including all findings of fact and conclusions of law.  Such memorandum of decision will constitute a final administrative action, and may be appealed to the Board.  The decision becomes effective 35 days after service of the decision unless the Agency specifies a later date or unless an appeal has been filed with the Board.  The decision may be appealed to the Board by any person who participated in the hearing.  Proceedings before the Board must  be in general accordance with the rules set forth in 35 Ill. Adm. Code 105.

 

b)         If the person is accumulating the recyclable material as a storage facility, the notice must state that the person must obtain a permit in accordance with all applicable provisions of 35 Ill. Adm. Code 702, 703, and 705.  The owner or operator of the facility must  apply for a permit within no less than 60 days and no more than six months of notice, as specified in the notice.  If the owner or operator of the facility wishes to challenge the Agency's decision, it may do so in its permit application, in a public hearing held on the draft permit, or in comments filed on the draft permit or on the notice of intent to deny the permit.  The fact sheet accompanying the permit will specify the reasons for the Agency's determination.  The question of whether the Agency's decision was proper will remain open for consideration during the public comment period discussed under Subparts D and E of 35 Ill. Adm. Code 705, and in any subsequent hearing.

 

(Source:  Amended at 32 Ill. Reg. 11726, effective July 14, 2008)

 

Section 720.142  Notification Requirement for Hazardous Secondary Materials

 

a)         A facility that manages hazardous secondary materials which are excluded from regulation under 35 Ill. Adm. Code 721.104(a)(23), (a)(24), or (a)(27) must send a notification to the Agency, Bureau of Land.  The notification must occur prior to operating under the regulatory provision and before March 1 of every even-numbered calendar year thereafter using a copy of Notification of RCRA Subtitle C Activities (Site Identification Form) (USEPA Form 8700-12).  The notification must include the following information:

 

1)         The name, address, and USEPA identification number (if applicable) of the facility;

 

2)         The name and telephone number of a contact person for the facility;

 

3)         The NAICS code of the facility;

 

BOARD NOTE:  Determined using the "North American Industry Classification System", incorporated by reference in Section 720.111.

 

4)         The regulation under which the facility will manage the hazardous secondary materials;

 

5)         For reclaimers and intermediate facilities managing hazardous secondary materials in accordance with 35 Ill. Adm. Code 721.104(a)(24) or (a)(25), whether the reclaimer or intermediate facility has financial assurance (not applicable for persons managing hazardous secondary materials generated and reclaimed under the control of the generator);

 

6)         When the facility began or expects to begin managing the hazardous secondary materials in accordance with the regulation;

 

7)         A list of hazardous secondary materials that the facility will manage according to the regulation (reported as the USEPA hazardous waste numbers that would apply if the hazardous secondary materials were managed as hazardous wastes);

 

8)         For each hazardous secondary material, whether the hazardous secondary material, or any portion thereof, will be managed in a land-based unit;

 

9)         The quantity of each hazardous secondary material to be managed annually; and

 

10)         The certification (included in USEPA Form 8700-12) signed and dated by an authorized representative of the facility.

 

b)         If a facility that manages hazardous secondary material has submitted a notification, but then subsequently ceases managing hazardous secondary materials in accordance with a regulation listed in subsection (a), the facility owner or operator must notify the Agency within 30 days after the cessation using a copy of USEPA Form 8700-12.  For purposes of this Section, a facility has stopped managing hazardous secondary materials if the facility no longer generates, manages, or reclaims hazardous secondary materials under the regulation listed in subsection (a), and the facility owner or operator does not expect to manage any amount of hazardous secondary materials for at least one year.

 

BOARD NOTE:  USEPA Form 8700-12 is available from the Agency, Bureau of Land (217-782-6762).  It is also available on-line for download in PDF file format:  www.epa.gov/hwgenerators/instructions-and-form-hazardous-waste-generators-transporters-and-treatment-storage-and.

 

(Source:  Amended at 43 Ill. Reg. 5817, effective May 2, 2019)

 

Section 720.143  Legitimate Recycling of Hazardous Secondary Materials

 

a)                  Recycling of hazardous secondary materials for the purpose of the exclusions or exemptions from the hazardous waste regulations must be legitimate.  Hazardous secondary material that is not the subject of legitimate recycling is discarded material and is a solid waste.  A determination that an activity is legitimate recycling must address all the requirements of this subsection (a) and must consider the requirements of subsection (b).

 

1)         Legitimate recycling must involve a hazardous secondary material that provides a useful contribution to the recycling process or to a product or intermediate of the recycling process.  The hazardous secondary material provides a useful contribution if it fulfills one of the following criteria:

 

A)        The material contributes valuable ingredients to a product or intermediate;

 

B)        The material replaces a catalyst or carrier in the recycling process;

 

C)        The material is the source of a valuable constituent recovered in the recycling process;

 

D)        The material is recovered or regenerated by the recycling process; or

 

E)        The material is used as an effective substitute for a commercial product.

 

2)         The recycling process must produce a valuable product or intermediate. The product or intermediate is valuable if either of the following is true:

 

A)        The product or intermediate is sold to a third party; or

 

B)        The product or intermediate is used by the recycler or the generator as an effective substitute for a commercial product or as an ingredient or intermediate in an industrial process.

 

3)         The generator and the recycler must manage the hazardous secondary material as a valuable commodity when it is under their control.  Where there is an analogous raw material, the hazardous secondary material must be managed, at a minimum, in a manner consistent with the management of the raw material or in an equally protective manner.  Where there is no analogous raw material, the hazardous secondary material must be contained.  Hazardous secondary materials that are released to the environment and which are not recovered immediately are discarded material.

 

b)         The following factor must be considered in making a determination as to the overall legitimacy of a specific recycling activity.

 

1)         The product of the recycling process fulfills all of the following criteria:

 

A)        The product must not contain significant concentrations of any hazardous constituents found in Appendix H of 35 Ill. Adm. Code 721 that are not found in analogous products;

 

B)        The product must not contain concentrations of hazardous constituents found in Appendix H of 35 Ill. Adm. Code 721 at levels that are significantly elevated from those found in analogous products; and

 

C)        The product must not exhibit a hazardous characteristic (as defined in Subpart C of 35 Ill. Adm. Code 721) that analogous products do not exhibit.

 

2)         In making a determination that a hazardous secondary material is legitimately recycled, persons must evaluate all factors and consider legitimacy as a whole.  If, after careful evaluation of these considerations, the factor in this subsection (b) is not met, then this fact may indicate that the material is not legitimately recycled.  However, the factor in this subsection (b) does not have to be met for the recycling to be considered legitimate.  In evaluating the extent to which this factor is met and in determining whether a process that does not meet this factor is still legitimate, persons can consider exposure from toxics in the product, the bioavailability of the toxics in the product and other relevant considerations.

 

(Source:  Amended at 43 Ill. Reg. 446, effective December 6, 2018)




Section 720.APPENDIX A   Overview of Federal RCRA Subtitle C (Hazardous Waste) Regulations (Repealed)

 

 

(Source:  Repealed at 35 Ill. Reg. 17672, effective October 14, 2011)