TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 720
HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SECTION 720.101 PURPOSE, SCOPE, AND APPLICABILITY
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 provides the rules that the Board and the
Agency will use in making information it receives available to the public and
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 purpose of complying with 35 Ill. Adm. Code 720
through 728, 733, 738, and 739.
2) Section 720.103 establishes rules of grammatical construction
for the purpose of complying 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 48 Ill.
Reg. 9723, effective June 20, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 720
HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SECTION 720.102 AVAILABILITY OF INFORMATION; CONFIDENTIALITY OF INFORMATION
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 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 under this Part or 35 Ill. Adm. Code 721 through 728
may assert a claim of business confidentiality by following the procedures in
35 Ill. Adm. Code 130. Information covered by the claim will be disclosed by
the Board or the Agency only to the extent, and by means of the procedures, provided
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 under 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) A
person may not 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 for the
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 48 Ill. Reg. 9723,
effective June 20, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 720
HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SECTION 720.103 USE OF NUMBER AND GENDER
Section 720.103 Use of
Number and Gender
As used in 35 Ill. Adm. Code 720
through 728, 730, 733, 738, and 739:
a) Words in any of the masculine, feminine, or neuter genders also
includes the other two;
b) Words in the singular include the plural; and
c) Words in the plural include the singular.
(Source: Amended at 48 Ill.
Reg. 9723, effective June 20, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 720
HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SECTION 720.104 MANIFEST COPY SUBMISSION REQUIREMENTS FOR CERTAIN INTERSTATE WASTE SHIPMENTS
Section 720.104 Manifest Copy Submission Requirements
for Certain Interstate Waste Shipments
If 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 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: Amended at 48 Ill. Reg. 9723,
effective June 20, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 720
HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SECTION 720.105 APPLICABILITY OF ELECTRONIC MANIFEST SYSTEM AND USER FEE REQUIREMENTS TO FACILITIES RECEIVING STATE-ONLY REGULATED WASTE SHIPMENTS
Section 720.105 Applicability of Electronic Manifest
System and User Fee Requirements to Facilities Receiving State-Only Regulated
Waste Shipments
a) For
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 shipping and transporting a state-only regulated waste to a receiving
facility, the facility receiving the 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: Amended at 48 Ill. Reg. 9723,
effective June 20, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 720
HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SECTION 720.109 ELECTRONIC REPORTING
Section 720.109 Electronic Reporting
a) Scope and Applicability
1) The
USEPA, the Board, or the Agency may allow for submitting any document as an
electronic document in lieu of a paper document. This Section does not require
submitting electronic documents in lieu of paper documents. This Section specifies
the requirements for 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 https://pcb.illinois.gov/.
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 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, e.g., a 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 submitting 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. If USEPA ceases approval in writing for
receiving any type of document as an electronic document in lieu of a paper
document, the Board or the Agency must similarly publish 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 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 Submitting 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 complies with 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 Submitting Electronic Documents in Lieu of Paper Documents to the Board or
the Agency
1) The
Board or the Agency may establish procedural rules for submitting electronic
documents. The Board or the Agency must establish any 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 Submitting an Electronic Document in Lieu of Paper Documents
1) If a
person who submits a document as an electronic document fails to comply with
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 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 Act;
6) Regulations
relating to public access to Board records (2 Ill. Adm. Code 2175); and
7) Board
procedural rules relating to protecting 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 48 Ill. Reg. 9723,
effective June 20, 2024)
SUBPART B: DEFINITIONS AND REFERENCES
ADMINISTRATIVE CODE TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS PART 720 HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL SECTION 720.110 DEFINITIONS
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 so 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 devices, like piping, fittings, flanges, valves, and
pumps, that are 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 overall responsible for operating 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 those connections (electrical and mechanical) that are
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 (like 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 (like 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 compliance 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 (e.g., a permit to discharge to
water or air) and may include 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 (like 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. The 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 that 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 the export.
"CRT glass manufacturer"
means an operation or part of an operation that uses a furnace to manufacture CRT
glass.
"CRT processing" means
conducting 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 according to 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 the 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 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 the solid
waste or hazardous waste or any of its constituent 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 that meets the following:
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 commenced construction if
the owner or operator obtained the federal, State, and local approvals or
permits necessary to begin physically
constructing the facility and either of the following occurred:
A continuous
on-site, physical construction program began; or
The owner or
operator entered contractual obligations that could not be canceled or modified
without substantial loss for physically
constructing 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 RCRA 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 physically constructing the
site or installing the tank system and if either of the following is met:
A continuous
on-site physical construction or installation program has begun; or
The owner or
operator entered contractual obligations that cannot be canceled or modified
without substantial loss for physically
constructing the site or installing 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. These 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 completing
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 comprise 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).
Despite 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 the 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 physically constructing" 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 compliance 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 and 722.117.
"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 this definition,
"generating facility" means all contiguous property owned, leased, or
otherwise controlled by the hazardous secondary material generator. For
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 that:
Uses
controlled flame combustion, and the device:
Does not meet the
criteria for classification as a boiler, sludge dryer, or carbon regeneration
unit, nor
Is not listed
as an industrial furnace; or
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
generator site" means the contiguous site at or on which one or more
hazardous wastes are generated. An individual generator site, like a large
manufacturing plant, may have one or more sources of hazardous waste but is
considered a single or individual generator 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 like 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 producing 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
device that 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 with any portion of
the tank wall situated within the ground, so
that the ground prevents visually inspecting that external surface area
of the tank.
"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 installing
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 transporting 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
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; these 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 isolate 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. The
system must employ operational controls (e.g., daily visual inspections for
releases into the secondary containment system of aboveground tanks) or comprise
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 compliance 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 U.S.C. 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 reclaiming 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 for 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 whose bottom is
situated on the same level as the adjacent surrounding surfaces so that visually
inspecting the external tank bottom is not possible.
"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 combusting any material without the following
characteristics:
Controlling combustion
air to maintain adequate temperature for efficient combustion;
Containing the
combustion reaction in an enclosed device to provide sufficient residence time
and mixing for complete combustion; and
Controlling emission
of the gaseous combustion products.
(See also
"incineration" and "thermal treatment".)
"Operator"
means the person responsible for the overall operating of a facility.
"Owner"
means the person that owns a facility or part of a facility.
"Paint" means a pigmented
or unpigmented powder coating, or a pigmented or unpigmented mixture of binder
and suitable liquid, that forms an adherent coating when applied to a surface.
Powder coating is a surface coating that is applied as a dry powder and is
fused into a continuous coating film through the use of heat. "Paint"
includes architectural paint as defined in the Paint Stewardship Act but
does not include other types of coatings such as industrial original equipment
or specialty coatings. [415 ILCS 5/22.23e]
"Paint-related waste"
is (i) material contaminated with paint that results from the packaging of
paint, wholesale and retail operations, paint manufacturing, and paint
application or removal activities or (ii) material derived from the reclamation
of paint-related wastes that is recycled in a manner other than burning for
energy recovery or used in a manner constituting disposal. [415 ILCS
5/22.23e]
"Partial
closure" means the closure of a hazardous waste management unit in compliance
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 not complying 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 meets 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 U.S.C. 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 U.S.C. 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 U.S.C. 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 U.S.C. 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.
"Physical construction" or "physically constructing" (RCRA)
means excavating, moving earth, erecting forms or structures, or similar
activity to prepare an HWM facility for accepting hazardous waste.
"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 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 certification, or completing
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 registration as a professional engineer with the
Department of Professional Regulation under 225 ILCS 325 and 68 Ill. Adm. Code
1380. Professional certification includes 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 U.S.C. 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 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
substantially all 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 compliance 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 provided
in "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, meets 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 the temperature control device complying 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 transporting 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 transporting
hazardous waste off-site 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 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 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;
Aerosol cans, as described in 35
Ill. Adm. Code 733.106; and
Paint and paint-related wastes, as
described in 35 Ill. Adm. Code 733.107.
"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 transporting universal waste off-site
by air, rail, highway, or water, including a universal waste transfer facility.
"Universal
waste transporter" means a person engaged in transporting universal waste off-site 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 because of this 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
complying with section 3010 of RCRAU.S.C..
"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 meets both of the following conditions:
The person or entity must 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 the paper copy), in compliance 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 for
transporting on the water.
"Wastewater
treatment unit" means a device that:
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;
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
Meets the
definition of tank or tank system in this Section.
"Water
(bulk shipment)" means transporting bulk hazardous waste 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" means "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 detecting 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 49 Ill. Reg. 11338,
effective August 27, 2025)
|
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 720
HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SECTION 720.111 REFERENCES
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.,
11th 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, 1220 L Street, Northwest,
Washington, DC 20005, (855) 999-9870, www.api.org:
"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", 4th 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
International. Available from ASTM International, 100 Barr Harbor Drive, P.O.
Box C700, West Conshohocken, PA 19428-2959, 877-909-ASTM or 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 93-80, "Standard
Test Methods for Flash Point by Pensky-Martens Closed Cup Tester",
approved 1980, 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 D 3828-97, "Standard
Test Methods for Flash Point of Liquids by Setaflash Closed Tester",
approved 1997, USEPA-approved for 35 Ill. Adm. Code 721.121(a).
ASTM D 3828-98, "Standard
Test Methods for Flash Point of Liquids by Setaflash Closed Tester",
approved 1998, USEPA-approved for 35 Ill. Adm. Code 721.121(a).
ASTM D 3828-02, "Standard
Test Methods for Flash Point of Liquids by Setaflash Closed Tester",
approved 2002, USEPA-approved for 35 Ill. Adm. Code 721.121(a).
ASTM D 3828-05, "Standard
Test Methods for Flash Point of Liquids by Setaflash Closed Tester",
approved 2005, USEPA-approved for 35 Ill. Adm. Code 721.121(a).
ASTM D 3828-07, "Standard
Test Methods for Flash Point of Liquids by Setaflash Closed Tester",
approved 2007, USEPA-approved for 35 Ill. Adm. Code 721.121(a).
ASTM D 3828-07a, "Standard
Test Methods for Flash Point of Liquids by Setaflash Closed Tester",
approved 2007, USEPA-approved for 35 Ill. Adm. Code 721.121(a).
ASTM D 3828-09, "Standard
Test Methods for Flash Point of Liquids by Setaflash Closed Tester",
approved 2009, USEPA-approved for 35 Ill. Adm. Code 721.121(a).
ASTM D 3828-12, "Standard
Test Methods for Flash Point of Liquids by Setaflash Closed Tester",
approved 2012, USEPA-approved for 35 Ill. Adm. Code 721.121(a).
ASTM D 3828-12a, "Standard
Test Methods for Flash Point of Liquids by Setaflash Closed Tester",
approved 2012, USEPA-approved for 35 Ill. Adm. Code 721.121(a).
ASTM D 3828-16a, "Standard
Test Methods for Flash Point of Liquids by Setaflash Closed Tester",
approved 2016, USEPA-approved for 35 Ill. Adm. Code 721.121(a).
ASTM D 3828-16, "Standard
Test Methods for Flash Point of Liquids by Setaflash Closed Tester",
approved 2016, USEPA-approved for 35 Ill. Adm. Code 721.121(a).
ASTM D 3828-16a, "Standard
Test Methods for Flash Point of Liquids by Setaflash Closed Tester",
approved 2016, USEPA-approved for 35 Ill. Adm. Code 721.121(a).
ASTM D 8174-18, "Standard
Test Methods for Finite Flash Point Determination of Liquid Wastes by
Small-Scale Closed Cup Tester", approved 2018, USEPA-approved for 35 Ill.
Adm. Code 721.121(a).
ASTM D 8175-18, "Standard
Test Methods for Finite Flash Point Determination of Liquid Wastes by
Pensky-Martens Closed Cup Tester", approved 2018, 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 E 681-85, "Standard Practice
for Concentration Limits of Flammability of Chemicals (Vapors and Gases)",
approved 1985, USEPA-approved for 35 Ill. Adm. Code 721.121(a).
ASTM E 681-98, "Standard
Practice for Concentration Limits of Flammability of Chemicals (Vapors and
Gases)", approved 1998, USEPA-approved for 35 Ill. Adm. Code 721.121(a).
ASTM E 681-01, "Standard
Practice for Concentration Limits of Flammability of Chemicals (Vapors and
Gases)", approved 2001, USEPA-approved for 35 Ill. Adm. Code 721.121(a).
ASTM E 681-04, "Standard
Practice for Concentration Limits of Flammability of Chemicals (Vapors and
Gases)", approved 2004, reapproved 2015, USEPA-approved for 35 Ill. Adm.
Code 721.121(a).
ASTM E 681-09, "Standard
Practice for Concentration Limits of Flammability of Chemicals (Vapors and
Gases)", approved 1009, USEPA-approved for 35 Ill. Adm. Code 721.121(a).
ASTM E 681-09(2015), "Standard
Practice for Concentration Limits of Flammability of Chemicals (Vapors and
Gases)", approved 1009, reapproved 2015, USEPA-approved for 35 Ill. Adm.
Code 721.121(a).
ASTM G 21-70
(1984a), "Standard Practice for Determining Resistance of Synthetic
Polymer Materials to Fungi", approved 1970 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.html):
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, P.O. Box 9101, Quincy,
MA 02269-9101, 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), referenced in 35 Ill. Adm. Code 722.114 and 722.116.
USEPA, NSCEP. National Service
Center for Environmental Publications, https://www.epa.gov/nscep.
"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,
USEPA-approved for Appendix I to 35 Ill. Adm. Code 721. (Search: 821r98002.)
Also available from NTIS.
"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 B, February 2010, USEPA publication number EPA-821/R-10-001,
USEPA-approved for Appendix I to 35 Ill. Adm. Code 721. (Search: 821r10001.)
Also available from NTIS.
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. Also available from NSCEP.
BOARD NOTE: "APTI"
denotes USEPA's "Air Pollution Training Institute".
"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, USEPA-approved for Appendix I to 35 Ill. Adm.
Code 721. Also available from USEPA, NSCEP.
"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 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. Also available from USEPA, NSCEP.
"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. Also available from USEPA, NSCEP.
"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. Also
available from USEPA, NSCEP.
"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. Also available from USEPA, NSCEP and
USEPA, Receptor Analysis Branch.
"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 1010B
(December 2018) (Test Methods for Flash Point by Pensky-Martens Closed Cup
Tester), USEPA-approved for 35 Ill. Adm. Code 721.121 and 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 1020C
(December 2018) (Test Methods for Flash Point by Pensky-Martens Closed Cup Tester),
USEPA-approved for 35 Ill. Adm. Code 721.121 and 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-ilibrary.org:
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, stispfa.org:
"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, OGWDW.
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 (2023) (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 (2023) (Water Effluent
Concentrations), referenced in 35 Ill. Adm. Code 702.110, 730.103, and 730.151.
Appendix G
to 10 CFR 20 (2023) (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 (2023) (Packaging and Transportation of Radioactive Material),
referenced generally in 35 Ill. Adm. Code 726.430.
10 CFR 71.5 (2023) (Transportation
of Licensed Material), referenced in 35 Ill. Adm. Code 726.425.
15 CFR 30.4(b) (2023) (Electronic
Export Information Filing, Procedures, Deadlines, and Certification
Statements), referenced in 35 Ill. Adm. Code 721.139.
15 CFR 30.6 (2023) (Electronic
Export Information Data Elements), referenced in 35 Ill. Adm. Code 721.139.
21 CFR 203.3(y) (2023) ("Prescription
Drug"), referenced in 35 Ill. Adm. Code 726.600.
21 CFR 1300 through 1317 (2023)
(Drug Enforcement Administration, Department of Justice), referenced in 35 Ill.
Adm. Code 726.604 and 726.606.
21 CFR 1300.01 (2023) (Definitions
Relating to Controlled Substances), referenced in 35 Ill. Adm. Code 726.604 and
726.606.
21 CFR 1300.05 (2023) (Definitions
Relating to the Disposal of Controlled Substances), referenced in 35 Ill. Adm.
Code 726.606.
21 CFR 1308.11 through 1308.15 (2023)
(Schedules), referenced in 35 Ill. Adm. Code 726.606.
21 CFR 1317.90 (2023) (Methods of
Destruction), referenced in 35 Ill. Adm. Code 726.606.
21 CFR 1317.95 (2023) (Destruction
Procedures), referenced in 35 Ill. Adm. Code 726.606.
29 CFR 1910.1200 (2023) (Hazard
Communication), referenced in 35 Ill. Adm. Code 722.115.
33 CFR 153.203 (2023) (Procedure for the Notice of Discharge), referenced
in 35 Ill. Adm. Code 723.130 and 739.143.
40 CFR 3.3 (2023) (What
Definitions Are Applicable to This Part?), referenced in Section 720.104.
40 CFR 3.10 (2023) (What Are
the Requirements for Electronic Reporting to EPA?), referenced in Section
720.104.
40 CFR 3.2000 (2023) (What Are
the Requirements Authorized State, Tribe, and Local Programs' Reporting Systems
Must Meet?), referenced in Section 720.104.
40 CFR 51.100(ii) (2023) (Definitions), referenced in 35 Ill. Adm. Code
726.200.
Appendix W to 40
CFR 51 (2023) (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 (2023) (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 (2023) (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 (2023) (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 (2023) (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 23 (Determination of Polychlorinated Dibenzo-p-Dioxins
and Polychlorinated Dibenzofurans from Stationary Sources) referenced in 35
Ill. Adm. Code 726.204.
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 (2023)
(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 (2023) (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 (2023) (National Emission Standard for Benzene Waste Operations), referenced
in 35 Ill. Adm. Code 724.982 and 725.983.
40 CFR 63 (2023) (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 (2023) (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 (2023) (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 (2023)
(Test Methods), referenced in 35 Ill. Adm. Code 721.983 and 725.984.
Appendix C to 40 CFR 63 (2023) (Determination
of the Fraction Biodegraded (Fbio) in a Biological Treatment Unit),
referenced in 35 Ill. Adm. Code 725.984.
Appendix D to 40 CFR 63 (2023)
(Test Methods), referenced in 35 Ill. Adm. Code 721.983 and 725.984.
40 CFR 136.3
(Identification of Test Procedures) (2023), referenced in 35 Ill. Adm. Code
702.110, 704.150, 704.187, and 730.103.
40 CFR
144.70 (2023) (Wording of the Instruments), referenced in 35 Ill. Adm. Code
704.240.
40 CFR 232.2 (2023) (Definitions), referenced in 35 Ill. Adm. Code
721.104.
40 CFR 257 (2023)
(Criteria for Classification of Solid Waste Disposal Facilities and Practices),
referenced in 35 Ill. Adm. Code 739.181.
Subpart B of
40 CFR 257 (2023) (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 (2023) (Criteria for Municipal Solid Waste Landfills),
referenced in 35 Ill. Adm. Code 739.181.
40 CFR 260.21(b) (2023) (Alternative
Equivalent Testing Methods), referenced in Section 720.121.
40 CFR 261.151 (2023)
(Wording of the Instruments), referenced in 35 Ill. Adm. Code 721.251.
Appendix III to 40 CFR 261 (2023)
(Chemical Analysis Test Methods), referenced in 35 Ill. Adm. Code 704.150 and
704.187.
Appendix to 40 CFR 262 (2023) (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 (2023) (Wording of the Instruments), referenced in 35 Ill.
Adm. Code 724.251 and 727.240.
40 CFR 264.1311 (2023) (Manifest
Transactions Subject to Fees), referenced in 35 Ill. Adm. Code 724.171.
40 CFR 264.1312 (2023) (User Fee
Calculation Methodology), referenced in 35 Ill. Adm. Code 724.171.
40 CFR 264.1313 (2023) (User Fee
Revisions), referenced in 35 Ill. Adm. Code 724.171.
40 CFR 264.1314 (2023) (How to
Make User Fee Payments), referenced in 35 Ill. Adm. Code 724.171.
40 CFR 264.1315 (2023) (Sanctions
for Delinquent Payments), referenced in 35 Ill. Adm. Code 724.171.
40 CFR 264.1316 (2023) (Informal
Fee Dispute Resolution), referenced in 35 Ill. Adm. Code 724.171.
Subpart FF of 40 CFR 264 (2023)
(Fees for the Electronic Hazardous Waste Manifest Program), referenced in Sections
720.104 and 720.105.
Appendix I to 40 CFR 264 (2023) (Recordkeeping
Instructions), referenced in Appendix A to 35 Ill. Adm. Code 724.
Appendix IV to 40 CFR 264 (2023)
(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 (2023) (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 (2023) (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 (2023) (Manifest
Transactions Subject to Fees), referenced in 35 Ill. Adm. Code 725.171.
40 CFR 265.1312 (2023) (User Fee
Calculation Methodology), referenced in 35 Ill. Adm. Code 725.171.
40 CFR 265.1313 (2023) (User Fee
Revisions), referenced in 35 Ill. Adm. Code 725.171.
40 CFR 265.1314 (2023) (How to
Make User Fee Payments), referenced in 35 Ill. Adm. Code 725.171.
40 CFR 265.1315 (2023) (Sanctions
for Delinquent Payments), referenced in 35 Ill. Adm. Code 725.171.
40 CFR 265.1316 (2023) (Informal
Fee Dispute Resolution), referenced in 35 Ill. Adm. Code 725.171.
Subpart FF of 40 CFR 265 (2023)
(Fees for the Electronic Hazardous Waste Manifest Program), referenced in Sections
720.104 and 720.105.
Appendix I to 40 CFR 265 (2023)
(Recordkeeping Instructions), referenced in Appendix A to 35 Ill. Adm. Code
725.
Appendix III to 40 CFR 265 (2023)
(EPA Interim Primary Drinking Water Standards), referenced in Appendix C to 35
Ill. Adm. Code 725.
Appendix IV to 40 CFR 265 (2023)
(Tests for Significance), referenced in Appendix D to 35 Ill. Adm. Code 725.
Appendix V to 40 CFR 265 (2023) (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 (2023) (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 (2023) (Wording of
the Instruments), referenced in 35 Ill. Adm. Code 727.240.
40 CFR 270.5 (2023)
(Noncompliance and Program Reporting by the Director), referenced in 35 Ill.
Adm. Code 703.305.
40 CFR 302 (2023)
(Designation, Reportable Quantities, and Notification), referenced in 35 Ill.
Adm. Code 721.293.
40 CFR 403.5 (2023) (National
Pretreatment Standards: Prohibited Discharges), referenced in 35 Ill. Adm.
Code 721.104 and 726.605.
40 CFR
711.15(a)(4)(i)(C) (2023) (Designation, Reportable Quantities, and
Notification), referenced in 35 Ill. Adm. Code 721.104.
40 CFR 761 (2023) (Polychlorinated Biphenyls (PCBs) Manufacturing,
Processing, Distribution in Commerce, and Use Prohibitions), referenced
generally in 35 Ill. Adm. Code 728.145.
40 CFR 761.3 (2023) (Definitions),
referenced in 35 Ill. Adm. Code 728.102 and 739.110.
40 CFR 761.60 (2023) (Disposal
Requirements), referenced in 35 Ill. Adm. Code 728.142.
40 CFR 761.65 (2023) (Storage for
Disposal), referenced in 35 Ill. Adm. Code 728.150.
40 CFR 761.70 (2023)
(Incineration), referenced in 35 Ill. Adm. Code 728.142.
Subpart B of 49 CFR 107 (2022) (Exemptions), referenced generally in 35
Ill. Adm. Code 724.986 and 725.987.
49 CFR 171 (2022) (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 (2022) (Hazardous
Waste), referenced in 35 Ill. Adm. Code 722.133.
49 CFR 171.8 (2022) (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 (2022) (Immediate
Notice of Certain Hazardous Materials Incidents), referenced in 35 Ill. Adm.
Code 723.130 and 739.143.
49 CFR 171.16 (2022) (Detailed Hazardous
Materials Incident Reports), referenced in 35 Ill. Adm. Code 723.130 and
739.143.
49 CFR 172 (2022) (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 (2022)
(Hazardous Materials Table), referenced in 35 Ill. Adm. Code 721.104, 722.183,
722.184, 724.112, and 725.112.
49 CFR 172.304 (2022) (Marking Requirements),
referenced in 35 Ill. Adm. Code 722.132 and 766.608.
Subpart C of 49 CFR 172 (2022)
(Shipping Papers), referenced in 35 Ill. Adm. Code 722.124 and 726.610.
Subpart D of 49 CFR 172 (2022)
(Marking), referenced in 35 Ill. Adm. Code 726.608.
Subpart E of 49 CFR 172 (2022)
(Labeling), referenced in 35 Ill. Adm. Code 722.114, 722.115, and 726.608.
Subpart F of 49 CFR 172 (2022) (Placarding), referenced in 35 Ill. Adm.
Code 722.114, 722.115, 722.133, and 726.608.
49 CFR 173 (2022) (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 (2022) (Hazardous
Materials Classes and Index to Hazard Class Definitions), referenced in 35 Ill.
Adm. Code 733.152.
49 CFR 173.12 (2022) (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 (2022) (Reuse,
Reconditioning, and Remanufacture of Packagings), referenced in 35 Ill. Adm.
Code 725.273.
49 CFR 173.50 (2022) (Class 1 −
Definitions), referenced in 35 Ill. Adm. Code 721.123.
49 CFR 173.54 (2022) (Forbidden
Explosives), referenced in 35 Ill. Adm. Code 721.123.
49 CFR 173.115 (2022) (Class 2,
Divisions 2.1, 2.2, and 2.3 − Definitions), referenced in 35 Ill. Adm.
Code 721.121.
49 CFR 173.127 (2022) (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 (2022) (Carriage by
Rail), referenced generally in 35 Ill. Adm. Code 726.609, 733.118, 733.138,
733.152, and 739.143.
49 CFR 175 (2022) (Carriage by
Aircraft), referenced generally in 35 Ill. Adm. Code 726.609, 733.118, 733.138,
733.152, and 739.143.
49 CFR 176 (2022) (Carriage by
Vessel), referenced generally in 35 Ill. Adm. Code 726.609, 733.118, 733.138,
733.152, and 739.143.
49 CFR 177 (2022) (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 (2022) (Shipping
Papers), referenced in 35 Ill. Adm. Code 722.124.
49 CFR 178 (2022) (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 (2022) (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 (2022)
(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 (2022) (Pipeline Safety
Programs and Rulemaking Procedures), referenced generally in 35 Ill. Adm. Code
721.104.
49 CFR 191 (2022) (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 (2022) (Transportation
of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards),
referenced generally in 35 Ill. Adm. Code 721.104.
49 CFR 193 (2022) (Liquefied Natural
Gas Facilities: Federal Safety Standards), referenced generally in 35 Ill.
Adm. Code 721.104.
49 CFR 194 (2022) (Response Plans
for Onshore Oil Pipelines), referenced generally in 35 Ill. Adm. Code 721.104.
49 CFR 195 (2022) (Transportation
of Hazardous Liquids by Pipeline), referenced generally in 35 Ill. Adm. Code
721.104.
49 CFR 196 (2022) (Protection of
Underground Pipelines from Excavation Activity), referenced generally in 35
Ill. Adm. Code 721.104.
49 CFR 198 (2022) (Regulations for
Grants to Aid State Pipeline Safety Programs), referenced generally in 35 Ill.
Adm. Code 721.104.
49 CFR 199 (2022) (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 U.S.C. 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 U.S.C. 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 U.S.C. 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 U.S.C. 321(ff) (2018)), referenced in
Section 726.600.
Section 102(27) of the Controlled
Substances Act (21 U.S.C. 802(27) (2018) ("Ultimate User")),
referenced in 35 Ill. Adm. Code 726.606.
Section 1004 of the Resource
Conservation and Recovery Act (42 U.S.C. 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
U.S.C. (49 U.S.C. 60101 through 60141 (2018)), referenced in 35 Ill. Adm. Code
721.104.
Section 1412 of the Department of
Defense Authorization Act of 1986 (50 U.S.C. 1521(j)(1) (2018)), referenced in
35 Ill. Adm. Code 726.301.
d) This Section
incorporates no later editions or amendments.
(Source: Amended at 48 Ill. Reg. 9723,
effective June 20, 2024)
SUBPART C: RULEMAKING PETITIONS AND OTHER PROCEDURES
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 720
HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SECTION 720.120 RULEMAKING
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 under 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, under Section 22.4(a) of the Act.
b) Any person may petition the Board to adopt amendments or
additional regulations not identical in substance with federal regulations. The
proposal must conform to 35 Ill. Adm. Code 102 and Section 22.4(b) or 22.4(c) and
Title VII of the Act.
(Source: Amended at 48 Ill.
Reg. 9723, effective June 20, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 720
HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SECTION 720.121 ALTERNATIVE EQUIVALENT TESTING METHODS
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 under 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 48 Ill.
Reg. 9723, effective June 20, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 720
HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SECTION 720.122 WASTE DELISTING
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 these
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). If 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 these 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 meets the
following:
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 these 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 excluded under this subsection (d), 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 these 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 under this subsection I, 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 include enough representative
samples, but in no case less than four samples, taken over a period 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 these
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, if 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 extracting, containerizing, and preserving
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 under Section 720.120(a).
n) Delistings that have not been adopted by USEPA may be proposed
to the Board under a petition for adjusted standard under 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. This Agency 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 48 Ill.
Reg. 9723, effective June 20, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 720
HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SECTION 720.123 PETITIONS FOR REGULATION AS UNIVERSAL WASTE
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 that
regulation under the universal waste regulations of 35 Ill. Adm. Code 733:
A) Is appropriate for the waste or category of waste;
B) Will improve management practices for the waste or category of
waste; and
C) Will improve implementing 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 regarding 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 implementing the hazardous waste program.
d) The Board may request additional information to that provided in
35 Ill. Adm. Code 733.181, as needed to evaluate the merits of the petition.
(Source: Amended at 48 Ill.
Reg. 9723, effective June 20, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 720
HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SECTION 720.130 PROCEDURES FOR SOLID WASTE DETERMINATIONS AND NON-WASTE DETERMINATIONS
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)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 720
HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SECTION 720.131 SOLID WASTE DETERMINATIONS
Section 720.131 Solid Waste
Determinations
a) The Board will determine that those materials that are
accumulated speculatively without enough being recycled are not solid wastes if
the applicant demonstrates that enough material will be recycled or transferred
for recycling in the following year. This Board 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 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 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 that
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, like bills
of lading); and
5) Whether the partially reclaimed material is handled to
minimize loss.
(Source: Amended at 48 Ill.
Reg. 9723, effective June 20, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 720
HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SECTION 720.132 BOILER DETERMINATIONS
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)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 720
HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SECTION 720.133 PROCEDURES FOR DETERMINATIONS
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) If 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 submit a description of the change in circumstances
to the Board as a petition for adjusted standard that requests modifying 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 48 Ill.
Reg. 9723, effective June 20, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 720
HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SECTION 720.134 NON-WASTE DETERMINATIONS
Section 720.134 Non-Waste Determinations
a) A
person generating, managing, or reclaiming hazardous secondary material may
petition the Board under 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 under Section 720.131 or
an exclusion. A determination made by the Board under 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 authorization, the non-waste determination becomes effective
upon fulfillment of the following conditions:
A) The
Board has granted an adjusted standard that 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 under 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 that 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 under 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 that 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 48 Ill.
Reg. 9723, effective June 20, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 720
HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SECTION 720.140 ADDITIONAL REGULATION OF CERTAIN HAZARDOUS WASTE RECYCLING ACTIVITIES ON A CASE-BY-CASE BASIS
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 under 35 Ill. Adm. Code 721.106(b) and (c)
rather than under 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 and amounts of materials 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 provided in Section
720.141.
(Source: Amended at 48 Ill.
Reg. 9723, effective June 20, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 720
HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SECTION 720.141 PROCEDURES FOR CASE-BY-CASE REGULATION OF HAZARDOUS WASTE RECYCLING ACTIVITIES
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 stating 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 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 complying with 35 Ill. Adm. Code 722 is required, and stating
the reasons for the Agency's decision, including all findings of fact and
conclusions of law. The 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 according to the rules 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 after 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 48 Ill.
Reg. 9723, effective June 20, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 720
HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SECTION 720.142 NOTIFICATION REQUIREMENT FOR HAZARDOUS SECONDARY MATERIALS
Section 720.142 Notification Requirement for Hazardous
Secondary Materials
a) A
facility that manages hazardous secondary materials that 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; 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 under
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 compliance 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 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 48 Ill.
Reg. 9723, effective June 20, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 720
HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SECTION 720.143 LEGITIMATE RECYCLING OF HAZARDOUS SECONDARY MATERIALS
Section 720.143 Legitimate Recycling of Hazardous
Secondary Materials
a) Recycling
of hazardous secondary materials for 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 this subsection (a) and must consider 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. If 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. If there is no analogous raw material, the hazardous
secondary material must be contained. Hazardous secondary materials that are
released to the environment and that are not recovered immediately are
discarded material.
b) The
following factor must be considered in determining the overall legitimacy of a
specific recycling activity.
1) The product of the
recycling process fulfills 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 determining
that a hazardous secondary material is legitimately recycled, persons must
evaluate all factors and consider legitimacy as a whole. If, after carefully
evaluating 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 48 Ill. Reg. 9723,
effective June 20, 2024)
Section 720.APPENDIX A Overview of Federal RCRA Subtitle C (Hazardous Waste) Regulations (Repealed)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 720
HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SECTION 720.APPENDIX A OVERVIEW OF FEDERAL RCRA SUBTITLE C (HAZARDOUS WASTE) REGULATIONS (REPEALED)
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)
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