Section 722.110  Purpose, Scope, and Applicability

a)         This Part establishes standards for generators of hazardous waste, as defined by 35 Ill. Adm. Code 720.110.

1)         A person who generates a hazardous waste, as defined by 35 Ill. Adm. Code 721, is subject to all the applicable independent requirements in the following provisions:

A)        Independent Requirements of a VSQG

i)          Section 722.111(a) through (d) (hazardous waste determination and recordkeeping); and

ii)         Section 722.113 (generator category determination).

B)        Independent Requirements of a SQG

i)          Section 722.111 (hazardous waste determination and recordkeeping);

ii)         Section 722.113 (generator category determination);

iii)        Section 722.118 (USEPA identification numbers and re-notification for SQGs and LQGs);

iv)        Subpart B (manifest requirements applicable to SQGs and LQGs);

v)         Subpart C (pre-transport requirements applicable to SQGs and LQGs);

vi)        Section 722.140 (recordkeeping);

vii)       Section 722.144 (recordkeeping for SQGs); and

viii)      Subpart H (transboundary movements of hazardous waste for recovery or disposal).

C)        Independent Requirements of a LQG

i)          Section 722.111 (hazardous waste determination and recordkeeping);

ii)         Section 722.113 (generator category determination);

iii)        Section 722.118 (USEPA identification numbers and re-notification for SQGs and LQGs);

iv)        Subpart B (manifest requirements applicable to SQGs and LQGs);

v)         Subpart C (pre-transport requirements applicable to SQGs and LQGs;

vi)        Subpart D (recordkeeping and reporting applicable to SQGs and LQGs, except Section 722.144); and

vii)       Subpart H (transboundary movements of hazardous waste for recovery or disposal).

2)         A generator that accumulates hazardous waste on site is a person that stores hazardous waste; this generator is subject to the applicable requirements of 35 Ill. Adm. Code 702, 703, and 724 through 727 and section 3010 of RCRA (42 USC 6930), unless the generator is one of the following:

A)        A VSQG that meets the conditions for exemption in Section 722.114;

B)        A SQG that meets the conditions for exemption in Sections 722.115 and 722.116; or

C)        A LQG that meets the conditions for exemption in Sections 722.115 and 722.117.

3)         A generator must not transport, offer its hazardous waste for transport, or otherwise cause its hazardous waste to be sent to a facility that is not a designated facility, as defined in 35 Ill. Adm. Code 720.110, or which is not otherwise authorized to receive the generator’s hazardous waste.

b)         Determining Generator Category.  A generator must use Section 722.113 to determine which provisions of this Part are applicable to the generator based on the quantity of hazardous waste generated per calendar month.

c)         This subsection (c) corresponds with 40 CFR 262.10(c), which USEPA removed and marked "reserved".  This statement maintains structural consistency with the federal provision.

d)         Any person that exports or imports hazardous waste must comply with Section 722.118 and Subpart H.

e)         Any person that imports hazardous waste into the United States must comply with the generator standards of this Part.

f)         A farmer that generates waste pesticides that are hazardous waste and that complies with Section 722.170 is not required to comply with other standards in this Part or 35 Ill. Adm. Code 702, 703, 724, 725, 727, or 728 with respect to such pesticides.

g)         Generator Violation and Noncompliance

1)         A generator's violation of an independent requirement is subject to enforcement action under Title VIII of the Act, including Board orders, and the penalties provided by Title XII of the Act.

2)         A generator's noncompliance with a condition for exemption in this Part is not subject to enforcement action under Title VIII of the Act, including Board orders, and the penalties provided by Title XII of the Act as a violation of a condition for exemption provided in this Part.  Noncompliance by any generator with an applicable condition for exemption from storage permit and operations requirements means that the facility is a storage facility operating without an exemption from the permit, interim status, and operations requirements in 35 Ill. Adm. Code 702, 703, and 724 through 727, and the notification requirements of section 3010 of RCRA (42 USC 6930).  Without an exemption, any violations of such storage requirements are subject to enforcement action under Title VIII of the Act, including Board orders, and the penalties provided by Title XII of the Act.

h)         An owner or operator that initiates a shipment of hazardous waste from a treatment, storage, or disposal facility must comply with the generator standards established in this Part.

i)          A person responding to an explosives or munitions emergency in accordance with 35 Ill. Adm. Code 724.101(g)(8)(A)(iv) or (g)(8)(D) or 35 Ill. Adm. Code 725.101(c)(11)(A)(iv) or (c)(11)(D) and 35 Ill. Adm. Code 703.121(a)(4) or (c) is not required to comply with the standards of this Part.

j)          This subsection (j) corresponds with 40 CFR 262.10(j), which USEPA removed and marked "reserved".  This statement maintains structural consistency with USEPA rules.

k)         This subsection (k) corresponds with 40 CFR 262.10(k), a provision that relates only to facilities in the Commonwealth of Massachusetts.  This statement maintains structural consistency with USEPA rules.

l)          The laboratories owned by an eligible academic entity that chooses to be subject to the requirements of Subpart K are not subject to the requirements set forth in subsections (l)(1) and (l)(2), except as specifically otherwise provided in Subpart K.  For purposes of this subsection (l), the terms "laboratory" and "eligible academic entity" must have the meanings given them in Section 722.300.

1)         The independent requirements of Section 722.111 or the regulations in Section 722.115 for an LQG or an SQG, except as provided in Subpart K; and

2)         The conditions of Section 722.114 for a VSQG, except as provided in Subpart K.

m)        A reverse distributor (as defined in 35 Ill. Adm. Code 726.600) is subject to Subpart P of 35 Ill. Adm. Code 726 for the management of hazardous waste pharmaceuticals in lieu of this Part.

n)         A healthcare facility (as defined in 35 Ill. Adm. Code 726.600) must determine whether it is subject to Subpart P of 35 Ill. Adm. Code 726 for the management of hazardous waste pharmaceuticals, based on the total hazardous waste it generates per calendar month (including both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste).  A healthcare facility that generates more than a threshold quantity of hazardous waste is subject to Subpart P of 35 Ill. Adm. Code 726 for the management of hazardous waste pharmaceuticals in lieu of this Part.  A threshold quantity of hazardous waste is 100 kg (220 pounds) of hazardous waste in a calendar month; more than 1 kg (2.2 pounds) of acute hazardous waste in a calendar month; or more than 100 kg (220 pounds) in a calendar month of any residue or contaminated soil, water, or other debris resulting from the clean-up of a spill of any acute hazardous wastes listed in 35 Ill. Adm. Code 721.131 or 721.133(e) into or on any land or water.  A healthcare facility that is a VSQG when counting all of its hazardous waste, including both its hazardous waste pharmaceuticals and its non-pharmaceutical hazardous waste, remains subject to Section 722.114 and is not subject to Subpart P of 35 Ill. Adm. Code 726, except that the healthcare facility remains subject to 35 Ill. Adm. Code 726.605 and 726.607 and the optional provisions of 35 Ill. Adm. Code 726.604.

BOARD NOTE:  A generator that treats, stores, or disposes of hazardous waste on-site must comply with the applicable standards and permit requirements set forth in 35 Ill. Adm. Code 702, 703, 724 through 728, 733, and 739.

(Source:  Amended at 44 Ill. Reg. 15263, effective September 3, 2020)