Section 703.100  Scope and Relation to Other Parts

a)         This Part requires RCRA permits, pursuant to Section 21(f) of the Environmental Protection Act [415 ILCS 5/21(f)], for hazardous waste management (HWM) facilities, which may include one or more treatment, storage, or disposal (TSD) units. This Part also contains specific rules on applications for and issuance of RCRA permits;

b)         The provisions of 35 Ill. Adm. Code 702 contain general provisions on applications for and issuance of RCRA permits.  The provisions of 35 Ill. Adm. Code 705 contain procedures to be followed by the Illinois Environmental Protection Agency (Agency) in issuing RCRA permits;

c)         The definitions of 35 Ill. Adm. Code 702.110 apply to this Part.  35 Ill. Adm. Code 720 contains definitions applicable to the RCRA operating standards of 35 Ill. Adm. Code 720 through 728, 733, 738, and 739.  35 Ill. Adm. Code 721 defines "solid waste" and "hazardous waste";

d)         The standards of 35 Ill. Adm. Code 724 and 725 apply to HWM facilities required to have RCRA permits.  The provisions of 35 Ill. Adm. Code 722 and 723 contain standards applicable to generators and transporters of hazardous waste.

e)         The standards of 35 Ill. Adm. Code 727 set forth the specific procedural requirements for a RCRA standardized permit, which alter the applicability of this Part and 35 Ill. Adm. Code 702 and 705 in several regards as specified in the affected provisions.  A TSD that is otherwise subject to permitting under RCRA and which meets the criteria in subsection (e)(1) or (e)(2) of this Section, may be eligible for a RCRA standardized permit pursuant to Subpart J of this Part.

1)         The facility generates hazardous waste and then non-thermally treats or stores hazardous waste on-site in tanks, containers, or containment buildings; or

2)         The facility receives hazardous waste generated off-site by a generator under the same ownership as the receiving facility, and the facility stores or non-thermally treats the hazardous waste in containers, tanks, or containment buildings.

BOARD NOTE:  Subsection (e) of this Section is derived from the final sentence of 40 CFR 124.1(b), the second sentence of 40 CFR 270.1(b), and 40 CFR 270.1(b)(1) and (b)(2) (2005), as amended at 70 Fed. Reg. 53420 (Sep. 8, 2005).

(Source:  Amended at 31 Ill. Reg. 487, effective December 20, 2006)