Section 728.145  Treatment Standards for Hazardous Debris

a)         Treatment Standards.  Hazardous debris must be treated prior to land disposal as follows, unless the Agency has determined, under 35 Ill. Adm. Code 721.103(f)(2), that the debris is no longer contaminated with hazardous waste or the debris is treated to the waste-specific treatment standard provided in this Subpart D for the waste contaminating the debris:

1)         General.  Hazardous debris must be treated for each "contaminant subject to treatment", defined by subsection (b), using the technology or technologies identified in Table F.

2)         Characteristic Debris.  Hazardous debris that exhibits the characteristic of ignitability, corrosivity, or reactivity identified under 35 Ill. Adm. Code 721.121, 721.122, or 721.123, respectively, must be deactivated by treatment using one of the technologies identified in Table F.

3)         Mixtures of Debris Types.  The treatment standards of Table F must be achieved for each type of debris contained in a mixture of debris types.  If an immobilization technology is used in a treatment train, it must be the last treatment technology used.

4)         Mixtures of Contaminant Types.  Debris that is contaminated with two or more contaminants subject to treatment identified under subsection (b) must be treated for each contaminant using one or more treatment technologies identified in Table F.  If an immobilization technology is used in a treatment train, it must be the last treatment technology used.

5)         Waste PCBs.  Hazardous debris that is also a waste PCB under 40 CFR 761 (Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions), incorporated by reference in 35 Ill. Adm. Code 720.111(b), is subject to the requirements of either 40 CFR 761 or the requirements of this Section, whichever are more stringent.

b)         Contaminants Subject to Treatment.  Hazardous debris must be treated for each "contaminant subject to treatment".  The contaminants subject to treatment must be determined as follows:

1)         Toxicity Characteristic Debris.  The contaminants subject to treatment for debris that exhibits the Toxicity Characteristic (TC) by 35 Ill. Adm. Code 721.124 are those EP constituents for which the debris exhibits the TC toxicity characteristic.

2)         Debris Contaminated with Listed Waste.  The contaminants subject to treatment for debris that is contaminated with a prohibited listed hazardous waste are those constituents or wastes for which treatment standards are established for the waste under Section 728.140 and Table T.

3)         Cyanide Reactive Debris.  Hazardous debris that is reactive because of cyanide must be treated for cyanide.

c)         Conditioned Exclusion of Treated Debris.  Hazardous debris that has been treated using one of the specified extraction or destruction technologies in Table F and that does not exhibit a characteristic of hazardous waste identified under Subpart C of 35 Ill. Adm. Code 721 after treatment is not a hazardous waste and need not be managed in a subtitle C facility.  Hazardous debris contaminated with a listed waste that is treated by an immobilization technology specified in Table F is a hazardous waste and must be managed in a RCRA Subtitle C treatment, storage, or disposal facility.

d)         Treatment Residuals

1)         General Requirements.  Except as provided by subsections (d)(2) and (d)(4):

A)        Residue from the treatment of hazardous debris must be separated from the treated debris using simple physical or mechanical means; and

B)        Residue from the treatment of hazardous debris is subject to the waste-specific treatment standards provided by Subpart D for the waste contaminating the debris.

2)         Nontoxic Debris.  Residue from the deactivation of ignitable, corrosive, or reactive characteristic hazardous debris (other than cyanide-reactive) that is not contaminated with a contaminant subject to treatment defined by subsection (b), must be deactivated prior to land disposal and is not subject to the waste-specific treatment standards of Subpart D.

3)         Cyanide-Reactive Debris.  Residue from the treatment of debris that is reactive because of cyanide must meet the standards for USEPA hazardous waste number D003 under Section 728.140 and Table T.

4)         Ignitable Nonwastewater Residue.  Ignitable nonwastewater residue containing equal to or greater than 10 percent total organic carbon is subject to the technology specified in the treatment standard for USEPA hazardous waste number D001:  Ignitable Liquids.

5)         Residue from Spalling.  Layers of debris removed by spalling are hazardous debris that remains subject to the treatment standards of this Section.

(Source:  Amended at 42 Ill. Reg. 24924, effective November 19, 2018)