Section 721.104  Exclusions

 

a)         Materials That Are Not Solid Wastes.  The following materials are not solid wastes for this Part:

 

1)         Sewage.

 

A)        Domestic sewage (untreated sanitary wastes that pass through a sewer system); and

 

B)        Any mixture of domestic sewage and other waste that passes through a sewer system to publicly-owned treatment works for treatment, except as prohibited by 35 Ill. Adm. Code 726.605 and 40 CFR 403.5(b), incorporated by reference in 35 Ill. Adm. Code 720.111.

 

2)         Industrial wastewater discharges that are point source discharges with NPDES permits issued by the Agency under Section 12(f) of the  Act and 35 Ill. Adm. Code 309.

 

BOARD NOTE:  This exclusion applies only to the actual point source discharge.  It does not exclude industrial wastewaters while they are being collected, stored, or treated before discharge, nor does it exclude sludges that are generated by industrial wastewater treatment.

 

3)         Irrigation return flows.

 

4)         Source, by-product, or special nuclear material, as defined by Section 11 of the Atomic Energy Act of 1954, as amended (42 USC 2014), incorporated by reference in 35 Ill. Adm. Code 720.111(b).

 

5)         Materials subjected to in-situ mining techniques that are not removed from the ground as part of the extraction process.

 

6)         Pulping liquors (i.e., black liquors) that are reclaimed in a pulping liquor recovery furnace and then reused in the pulping process, unless it is accumulated speculatively, as defined in Section 721.101(c).

 

7)         Spent sulfuric acid used to produce virgin sulfuric acid, provided it is not accumulated speculatively, as defined in Section 721.101(c).

 

8)         Secondary materials that are reclaimed and returned to the original process or processes in which they were generated, if they are reused in the production process, provided that the following is true:

 

A)        Only tank storage is involved, and the entire process through completing reclamation is closed by being entirely connected with pipes or other comparable enclosed means of conveyance;

 

B)        Reclamation does not involve controlled flame combustion (like that occurring in boilers, industrial furnaces, or incinerators);

 

C)        The secondary materials are never accumulated in tanks for over 12 months without being reclaimed; and

 

D)        The reclaimed material is not used to produce a fuel or used to produce products that are used in a manner constituting disposal.

 

9)         Wood preserving wastes.

 

A)        Spent wood preserving solutions that have been used and that are reclaimed and reused for their original intended purpose;

 

B)        Wastewaters from the wood preserving process that have been reclaimed and that are reused to treat wood; and

 

C)        Prior to reuse, the wood preserving wastewaters and spent wood preserving solutions described in subsections (a)(9)(A) and (a)(9)(B), so long as they meet the following conditions:

 

i)          The wood preserving wastewaters and spent wood preserving solutions are reused on-site at water-borne plants in the production process for their original intended purpose;

 

ii)         Prior to reuse, the wastewaters and spent wood preserving solutions are managed to prevent release to either land or groundwater or both;

 

iii)        Any unit used to manage wastewaters or spent wood preserving solutions prior to reuse can be visually or otherwise determined to prevent such releases;

 

iv)        Any drip pad used to manage the wastewaters or spent wood preserving solutions prior to reuse complies with the standards in Subpart W of 35 Ill. Adm. Code 725, regardless of whether the plant generates a total of less than 100 kg/month of hazardous waste; and

 

v)         Prior to operating under this exclusion, the plant owner or operator prepares a one-time notification to the Agency stating that the plant intends to claim the exclusion, giving the date on which the plant intends to begin operating under the exclusion, and containing the following language:  "I have read the applicable regulation establishing an exclusion for wood preserving wastewaters and spent wood preserving solutions and understand it requires me to comply at all times with the conditions set out in the regulation."  The plant must maintain a copy of that document in its on-site records until closure of the facility.  The exclusion applies only so long as the plant meets the conditions under subsection (a)(9)(C).  If the plant does not comply with any condition, it may apply to the Agency for reinstatement of the exclusion.  The Agency must reinstate the exclusion in writing if it finds that the plant has returned to complying with all conditions and that the violations are not likely to recur.  If the Agency denies an application, it must transmit to the applicant specific, detailed statements in writing as to the reasons it denied the application.  The applicant under this subsection (a)(9)(C)(v) may appeal the Agency's determination to deny the reinstatement, grant the reinstatement with conditions, or terminate a reinstatement before the Board under Section 40 of the Act.

 

10)       USEPA hazardous waste numbers K060, K087, K141, K142, K143, K144, K145, K147, and K148, and any wastes from the coke by-products processes that are hazardous only because they exhibit the toxicity characteristic specified in Section 721.124, when subsequent to generation these materials are recycled to coke ovens, to the tar recovery process as a feedstock to produce coal tar, or are mixed with coal tar prior to the tar's sale or refining.  This exclusion is conditioned on there being no land disposal of the waste from the point it is generated to the point it is recycled to coke ovens, to tar recovery, to the tar refining processes, or prior to when it is mixed with coal.

 

11)       Nonwastewater splash condenser dross residue from the treatment of USEPA hazardous waste number K061 in high temperature metals recovery units, provided it is shipped in drums (if shipped) and not land disposed before recovery.

 

12)       Certain oil-bearing hazardous secondary materials and recovered oil, as follows:

 

A)        Oil-bearing hazardous secondary materials (i.e., sludges, by-products, or spent materials) that are generated at a petroleum refinery (standard industrial classification (SIC) code 2911) and are inserted into the petroleum refining process (SIC code 2911: including, distillation, catalytic cracking, fractionation, or thermal cracking units (i.e., cokers)), unless the material is placed on the land, or speculatively accumulated before being so recycled.  Materials inserted into thermal cracking units are excluded under this subsection (a)(12), if the coke product also does not exhibit a characteristic of hazardous waste.  Oil-bearing hazardous secondary materials may be inserted into the same petroleum refinery where they are generated or sent directly to another petroleum refinery and still be excluded under this provision.  Except as provided in subsection (a)(12)(B), oil-bearing hazardous secondary materials generated elsewhere in the petroleum industry (i.e., from sources other than petroleum refineries) are not excluded under this Section.  Residuals generated from processing or recycling materials excluded under this subsection (a)(12)(A), if the materials as generated would have otherwise met a listing under Subpart D, are designated as USEPA hazardous waste number F037 listed wastes when disposed of or intended for disposal.

 

B)        Recovered oil that is recycled in the same manner and with the same conditions as described in subsection (a)(12)(A).  Recovered oil is oil that has been reclaimed from secondary materials (including wastewater) generated from normal petroleum industry practices, including refining, exploration and production, bulk storage, and transportation incident (SIC codes 1311, 1321, 1381, 1382, 1389, 2911, 4612, 4613, 4922, 4923, 4789, 5171, and 5172).  Recovered oil does not include oil-bearing hazardous wastes listed in Subpart D; however, oil recovered from such wastes may be considered recovered oil.  Recovered oil does not include used oil, as defined in 35 Ill. Adm. Code 739.100.

 

13)       Excluded scrap metal (processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal) being recycled.

 

14)       Shredded circuit boards being recycled if they meet the following conditions:

 

A)        The circuit boards are stored in containers sufficient to prevent a release to the environment prior to recovery; and

 

B)        The circuit boards are free of mercury switches, mercury relays, nickel-cadmium batteries, and lithium batteries.

 

15)       Condensates derived from the overhead gases from kraft mill steam strippers that are used to comply with federal Clean Air Act regulation 40 CFR 63.446(e).  The exemption applies only to combustion at the mill generating the condensates.

 

16)       This subsection (a)(16) corresponds with 40 CFR 261.4(a)(16), marked "reserved" by USEPA.  This statement maintains structural consistency with the federal regulations.

 

17)       Spent materials (as defined in Section 721.101) (other than hazardous wastes listed in Subpart D) generated within the primary mineral processing industry from which minerals, acids, cyanide, water, or other values are recovered by mineral processing or by beneficiation, if:

 

A)        The spent material is legitimately recycled to recover minerals, acids, cyanide, water, or other values;

 

B)        The spent material is not accumulated speculatively;

 

C)        Except as provided in subsection (a)(17)(D), the spent material is stored in tanks, containers, or buildings that meet the following minimum integrity standards:  a building must be an engineered structure with a floor, walls, and a roof that are made of non-earthen materials providing structural support (except that smelter buildings may have partially earthen floors if the spent material is stored on the non-earthen portion), and have a roof suitable for diverting rainwater away from the foundation; a tank must be free standing, not be a surface impoundment (as defined in 35 Ill. Adm. Code 720.110), and be manufactured of a material suitable for containment of its contents; a container must be free standing and be manufactured of a material suitable for containment of its contents.  If a tank or container contains any particulate that may be subject to wind dispersal, the owner or operator must operate the unit in a manner that controls fugitive dust.  A tank, container, or building must be designed, constructed, and operated to prevent significant releases to the environment of these materials.

 

D)        The Agency must allow by permit in writing that solid mineral processing spent materials only may be placed on pads, rather than in tanks, containers, or buildings if the facility owner or operator can demonstrate the following:  the solid mineral processing secondary materials do not contain any free liquid; the pads are designed, constructed, and operated to prevent significant releases of the spent material into the environment; and the pads provide the same degree of containment afforded by the non-RCRA tanks, containers, and buildings eligible for exclusion.

 

i)          The Agency must also consider whether storage on pads poses the potential for significant releases via groundwater, surface water, and air exposure pathways.  Factors to be considered for assessing the groundwater, surface water, and air exposure pathways must include the following:  the volume and physical and chemical properties of the spent material, including its potential for migration off the pad; the potential for human or environmental exposure to hazardous constituents migrating from the pad via each exposure pathway; and the possibility and extent of harm to human and environmental receptors via each exposure pathway.

 

ii)         Pads must meet the following minimum standards:  they must be designed of non-earthen material that is compatible with the chemical nature of the mineral processing spent material; they must be capable of withstanding physical stresses associated with placement and removal; they must have run-on and run-off controls; they must be operated in a manner that controls fugitive dust; and they must have integrity assurance through inspections and maintenance programs.

 

iii)        Before making a determination under this subsection (a)(17)(D), the Agency must provide notice and the opportunity for comment to all persons potentially interested in the determination.  This can be accomplished by placing notice of this action in major local newspapers, or broadcasting notice over local radio stations.

 

BOARD NOTE:  See Subpart D of 35 Ill. Adm. Code 703 for the RCRA Subtitle C permit public notice requirements.

 

E)        The owner or operator provides a notice to the Agency, providing the following information:  the types of materials to be recycled, the type and location of the storage units and recycling processes, and the annual quantities expected to be placed in land-based units.  This notification must be updated when there is a change in the type of materials recycled or the location of the recycling process.

 

F)         For subsection (b)(7), mineral processing spent materials must be the result of mineral processing and may not include any listed hazardous wastes.  Listed hazardous wastes and characteristic hazardous wastes generated by non-mineral processing industries are not eligible for the conditional exclusion from the definition of solid waste.

 

18)       Petrochemical recovered oil from an associated organic chemical manufacturing facility, if the oil is to be inserted into the petroleum refining process (SIC code 2911) along with normal petroleum refinery process streams, if:

 

A)        The oil is hazardous only because it exhibits the characteristic of ignitability (as defined in Section 721.121) or toxicity for benzene (Section 721.124, USEPA hazardous waste number D018); and

 

B)        The oil generated by the organic chemical manufacturing facility is not placed on the land, or speculatively accumulated before being recycled into the petroleum refining process.  An "associated organic chemical manufacturing facility" is a facility for which the:  primary SIC code is 2869, but its operations may also include SIC codes 2821, 2822, and 2865; it is physically co-located with a petroleum refinery; and the petroleum refinery to which the oil being recycled is returned also provides hydrocarbon feedstocks to the organic chemical manufacturing facility.  "Petrochemical recovered oil" is oil that has been reclaimed from secondary materials (i.e., sludges, by-products, or spent materials, including wastewater) from normal organic chemical manufacturing operations, as well as oil recovered from organic chemical manufacturing processes.

 

19)       Spent caustic solutions from petroleum refining liquid treating processes used as a feedstock to produce cresylic or naphthenic acid, unless the material is placed on the land or accumulated speculatively, as defined in Section 721.101(c).

 

20)       Hazardous secondary materials used to make zinc fertilizers, if that the following conditions are met:

 

A)        Hazardous secondary materials used to make zinc micronutrient fertilizers must not be accumulated speculatively, as defined in Section 721.101(c)(8).

 

B)        A generator or intermediate handler of zinc-bearing hazardous secondary materials that are to be incorporated into zinc fertilizers must:

 

i)          Submit a one-time notice to the Agency that contains the name, address, and USEPA identification number of the generator or intermediate handler facility, that provides a brief description of the secondary material that will be subject to the exclusion, and that identifies when the manufacturer intends to begin managing excluded zinc-bearing hazardous secondary materials under the conditions specified in this subsection (a)(20).

 

ii)         Store the excluded secondary material in tanks, containers, or buildings that are constructed and maintained in a way that prevents releases of the secondary materials into the environment.  At a minimum, any building used for this purpose must be an engineered structure made of non-earthen materials that provide structural support, and it must have a floor, walls, and a roof that prevent wind dispersal and contact with rainwater.  A tank used for this purpose must be structurally sound and, if outdoors, it must have a roof or cover that prevents contact with wind and rain.  A container used for this purpose must be kept closed, except when it is necessary to add or remove material, and it must be in sound condition.  Containers that are stored outdoors must be managed within storage areas that meet the conditions of subsection (a)(20)(F).

 

iii)        With each off-site shipment of excluded hazardous secondary materials, provide written notice to the receiving facility that the material is subject to the conditions of this subsection (a)(20).

 

iv)        Maintain records at the generator's or intermediate handler's facility, for at least three years, of all shipments of excluded hazardous secondary materials.  For each shipment these records must, at a minimum, contain the information specified in subsection (a)(20)(G).

 

C)        A manufacturer of zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous secondary materials must:

 

i)          Store excluded hazardous secondary materials in compliance with the storage requirements for generators and intermediate handlers, as specified in subsection (a)(20)(B)(ii).

 

ii)         Submit a one-time notification to the Agency that, at a minimum, specifies the name, address, and USEPA identification number of the manufacturing facility and that identifies when the manufacturer intends to begin managing excluded zinc-bearing hazardous secondary materials under the conditions specified in this subsection (a)(20).

 

iii)        Maintain for a minimum of three years records of all shipments of excluded hazardous secondary materials received by the manufacturer, which must at a minimum identify for each shipment the name and address of the generating facility, the name of transporter, and the date on which the materials were received, the quantity received, and a brief description of the industrial process that generated the material.

 

iv)        Submit an annual report to the Agency that identifies the total quantities of all excluded hazardous secondary materials that were used to manufacture zinc fertilizers or zinc fertilizer ingredients in the previous year, the name and address of each generating facility, and the industrial processes from which the hazardous secondary materials were generated.

 

D)        Nothing in this Section preempts, overrides, or otherwise negates the provision in 35 Ill. Adm. Code 722.111 that requires any person who generates a solid waste to determine if that waste is a hazardous waste.

 

E)        Interim status and permitted storage units that have been used to store only zinc-bearing hazardous wastes prior to submitting the one-time notice described in subsection (a)(20)(B)(i), and that afterward will be used only to store hazardous secondary materials excluded under this subsection (a)(20), are not subject to the closure requirements of 35 Ill. Adm. Code 724 and 725.

 

F)         Storage areas where containers are stored outdoors under subsection (a)(20)(B)(ii), must:

 

i)          Have containment structures or systems sufficiently impervious to contain leaks, spills, and accumulated precipitation;

 

ii)         Provide for effective drainage and removal of leaks, spills, and accumulated precipitation; and

 

iii)        Prevent run-on into the containment system.

 

BOARD NOTE:  Subsections (a)(20)(F)(i) through (a)(20)(F)(iii) are derived from 40 CFR 261.4(a)(20)(ii)(B)(1) through (a)(20)(ii)(B)(3).  The Board added the preamble to these federal paragraphs as subsection (a)(20)(F) to comport with Illinois Administrative Code codification requirements.

 

G)        Required records of shipments of excluded hazardous secondary materials under subsection (a)(20)(B)(iv) must, at a minimum, contain the following information:

 

i)          The name of the transporter and date of the shipment;

 

ii)         The name and address of the facility that received the excluded material, along with documentation confirming receipt of the shipment; and

 

iii)        The type and quantity of excluded secondary material in each shipment.

 

BOARD NOTE:  Subsections (a)(20)(G)(i) through (a)(20)(G)(iii) are derived from 40 CFR 261.4(a)(20)(ii)(D)(1) through (a)(20)(ii)(D)(3).  The Board added the preamble to these federal paragraphs as subsection (a)(20)(G) to comport with Illinois Administrative Code codification requirements.

 

21)       Zinc fertilizers made from hazardous wastes or hazardous secondary materials that are excluded under subsection (a)(20), if:

 

A)        The fertilizers meet the following contaminant limits:

 

i)          For metal contaminants:

 

Constituent	Maximum Allowable Total Concentration in Fertilizer, per Unit (1%) of Zinc (ppm)
Arsenic	0.3
Cadmium	1.4
Chromium	0.6
Lead	2.8
Mercury	0.3

 

ii)         For dioxin contaminants, the fertilizer must contain no more than eight parts per trillion of dioxin, measured as toxic equivalent (TEQ).

 

B)        The manufacturer performs sampling and analysis of the fertilizer product to determine compliance with the contaminant limits for metals at least once every six months, and for dioxins at least once every 12 months.  Testing must also be performed whenever changes occur to manufacturing processes or ingredients that could significantly affect the amounts of contaminants in the fertilizer product.  The manufacturer may use any reliable analytical method to demonstrate that a constituent of concern is not present in the product at concentrations above the applicable limits.  It is the responsibility of the manufacturer to ensure that the sampling and analysis are unbiased, precise, and representative of the products introduced into commerce.

 

C)        The manufacturer maintains, for at least three years, records of all sampling and analyses performed for determining compliance with subsection (a)(21)(B).  The records must at a minimum include the following:

 

i)          The dates and times product samples were taken, and the dates the samples were analyzed;

 

ii)         The names and qualifications of the persons taking the samples;

 

iii)        A description of the methods and equipment used to take the samples;

 

iv)        The name and address of the laboratory facility at which analyses of the samples were performed;

 

v)         A description of the analytical methods used, including any cleanup and sample preparation methods; and

 

vi)        All laboratory analytical results used to determine compliance with the contaminant limits specified in this subsection (a)(21).

 

22)       Used CRTs

 

A)        Used, intact CRTs, as defined in 35 Ill. Adm. Code 720.110, are not solid waste within the United States, unless they are disposed of or speculatively accumulated, as defined in Section 721.101(c)(8), by a CRT collector or glass processor.

 

B)        Used, intact CRTs, as defined in 35 Ill. Adm. Code 720.110, are not solid waste when exported for recycling if they comply with Section 721.140.

 

C)        Used, broken CRTs, as defined in 35 Ill. Adm. Code 720.110, are not solid waste if they comply with the requirements of Section 721.139.

 

D)        Glass removed from CRTs is not a solid waste if it complies with the requirements of Section 721.139(c).

 

23)       Hazardous Secondary Materials Reclaimed under the Control of the Generator.  Hazardous secondary material generated and legitimately reclaimed within the United States or its territories and under the control of the generator, if the material complies with subsections (a)(23)(A) and (a)(23)(B):

 

A)        Excluded Hazardous Secondary Materials

 

i)          The hazardous secondary material is generated and reclaimed at the generating facility.  (For this subsection (a)(23)(A)(i), "generating facility" means all contiguous property owned, leased, or otherwise controlled by the hazardous secondary material generator.);

 

ii)         The hazardous secondary material is generated and reclaimed at different facilities, if the reclaiming facility is controlled by the generator or if both the generating facility and the reclaiming facility are controlled by a person as defined in 35 Ill. Adm. Code 720.110, and if the generator provides one of the following certifications:

 

"On behalf of [insert generator facility name], I certify that this facility will send the indicated hazardous secondary material to [insert reclaimer facility name], which is controlled by [insert generator facility name] and that [insert name of either facility] has acknowledged full responsibility for the safe management of the hazardous secondary material."

 

or

 

"On behalf of [insert generator facility name], I certify that this facility will send the indicated hazardous secondary material to [insert reclaimer facility name], that both facilities are under common control, and that [insert name of either facility] has acknowledged full responsibility for the safe management of the hazardous secondary material."

 

For subsection (a)(23)(A)(ii), "control" means the power to direct the policies of the facility, whether by the ownership of stock, voting rights, or otherwise, except that contractors who operate facilities on behalf of a different person, as defined in 35 Ill. Adm. Code 720.110, cannot be deemed to "control" such facilities.  The generating and receiving facilities must both maintain at their facilities, for no less than three years, records of hazardous secondary materials sent or received under this exclusion.  In both cases, the records must contain the name of the transporter, the date of the shipment, and the type and quantity of the hazardous secondary material shipped or received under the exclusion.  These requirements may be satisfied by routine business records (e.g., financial records, bills of lading, copies of USDOT shipping papers, or electronic confirmations); or

 

iii)        The hazardous secondary material is generated under a written contract between a tolling contractor and a toll manufacturer and is reclaimed by the tolling contractor, if the tolling contractor certifies as follows:

 

"On behalf of [insert tolling contractor name], I certify that [insert tolling contractor name] has a written contract with [insert toll manufacturer name] to manufacture [insert name of product or intermediate] which is made from specified unused materials, and that [insert tolling contractor name] will reclaim the hazardous secondary materials generated during this manufacture.  On behalf of [insert tolling contractor name], I also certify that [insert tolling contractor name] retains ownership of, and responsibility for, the hazardous secondary materials that are generated during the course of the manufacture, including any releases of hazardous secondary materials that occur during the manufacturing process."

 

The tolling contractor must maintain at its facility, for at least three years, records of hazardous secondary materials received under its written contract with the tolling manufacturer, and the tolling manufacturer must maintain at its facility, for no less than three years, records of hazardous secondary materials shipped under its written contract with the tolling contractor.  In both cases, the records must contain the name of the transporter, the date of the shipment, and the type and quantity of the hazardous secondary material shipped or received under the written contract.  These requirements may be satisfied by routine business records (e.g., financial records, bills of lading, copies of USDOT shipping papers, or electronic confirmations).  For this subsection (a)(23)(A)(ii), "tolling contractor" means a person who arranges for producing a product or intermediate made from specified unused materials through a written contract with a toll manufacturer.  "Toll manufacturer" means a person who produces a product or intermediate made from specified unused materials under a written contract with a tolling contractor.

 

B)        Management of Hazardous Secondary Materials

 

i)          The hazardous secondary material is contained, as defined in 35 Ill. Adm. Code 720.110.  A hazardous secondary material released to the environment is discarded material and a solid waste unless it is immediately recovered for reclamation.  Hazardous secondary material managed in a unit with leaks or other continuing or intermittent unpermitted releases is discarded material and a solid waste;

 

ii)         The hazardous secondary material is not speculatively accumulated, as defined in Section 721.101(c)(8);

 

iii)        Notice is provided, as required by 35 Ill. Adm. Code 720.142;

 

iv)        The hazardous secondary material is not otherwise subject to material-specific management conditions under subsection (a) when reclaimed, and it is not a spent lead acid battery (see 35 Ill. Adm. Code 726.180 and 733.102);

 

v)         Persons performing the recycling of hazardous secondary materials under this exclusion must maintain documentation of their legitimacy determination on-site.  Documentation must be a written description of how the recycling meets all three  factors in 35 Ill. Adm. Code 720.143(a) and how the factor in 35 Ill. Adm. Code 720.143(b) was considered.  Documentation must be maintained for three years after the recycling operation has ceased; and

 

vi)        The emergency preparedness and response requirements found in Subpart M are met.

 

24)       Hazardous Secondary Materials Transferred for Off-Site Reclamation.  Hazardous secondary material that is generated and then transferred to another person for reclamation is not a solid waste if the management of the material meets the conditions of subsections (a)(24)(A) through (a)(24)(G):

 

A)        The hazardous secondary material must not be speculatively accumulated, as defined in Section 721.101(c)(8).

 

B)        No person or facility other than the hazardous secondary material generator, the transporter, an intermediate facility, or a reclaimer manages the material; the hazardous secondary material must not be stored for more than ten days at a transfer facility, as defined in Section 721.110; and the hazardous secondary material must be packaged according to applicable USDOT regulations codified as 49 CFR 173, 178, and 179, incorporated by reference in 35 Ill. Adm. Code 720.111, while in transport.

 

C)        The hazardous secondary material must not otherwise be subject to material-specific management conditions under other provisions of this subsection (a) when reclaimed, and the hazardous secondary material must not be a spent lead-acid battery (see 35 Ill. Adm. Code 726.180 and 733.102).

 

D)        Reclaiming the hazardous secondary material must be legitimate, as determined under 35 Ill. Adm. Code 720.143.

 

E)        The hazardous secondary material generator must meet each of the following conditions:

 

i)          The hazardous secondary material must be contained as defined in 35 Ill. Adm. Code 720.110.  A hazardous secondary material released to the environment is discarded and a solid waste unless it is immediately recovered for recycling.  Hazardous secondary material managed in a unit that leaks or that otherwise continuously releases hazardous secondary material is discarded material and a solid waste.

 

ii)         Prior to arranging for transport of hazardous secondary materials to a reclamation facility where the hazardous secondary material is managed in a unit that is not subject to a RCRA permit or interim status standards, the hazardous secondary material generator must make reasonable efforts to ensure that each reclaimer intends to properly and legitimately reclaim the hazardous secondary material and not discard it, and that each reclaimer will manage the hazardous secondary material in a manner that is protective of human health and the environment.  If the hazardous secondary material will pass through an intermediate facility where the hazardous secondary materials is managed at that facility in a unit that is not subject to a RCRA permit or interim status standards, the hazardous secondary material generator must make contractual arrangements with the intermediate facility to ensure that the hazardous secondary material is sent to the reclamation facility identified by the hazardous secondary material generator, and the hazardous secondary material generator must perform reasonable efforts to ensure that the intermediate facility will manage the hazardous secondary material in a manner that is protective of human health and the environment.  Reasonable efforts must be repeated at a minimum of every three years for the hazardous secondary material generator to claim the exclusion and to send the hazardous secondary materials to each reclaimer and any intermediate facility.  In making these reasonable efforts, the generator may use any credible evidence available, including information gathered by the hazardous secondary material generator, provided by the reclaimer or intermediate facility, or provided by a third party.  The hazardous secondary material generator must affirmatively answer the questions in subsection (a)(24)(H) for each reclamation facility and any intermediate facility.

 

BOARD NOTE:  The Board moved the required generator inquiries of 40 CFR 261.4(a)(24)(v)(B)(1) through (a)(24)(v)(B)(5) to subsection (a)(24)(H) to comply with codification requirements.

 

iii)        The hazardous secondary material generator must maintain for a minimum of three years documentation and certification that reasonable efforts were made for each reclamation facility and, if applicable, intermediate facility where the facility manages the hazardous secondary materials in a unit that is not subject to a RCRA permit or interim status standards prior to transferring hazardous secondary material.  Documentation and certification must be made available upon request by USEPA or the Agency within 72 hours, or within a longer period as specified by USEPA or the Agency.  The certification statement must include the printed name and official title of an authorized representative of the hazardous secondary material generator company, the authorized representative's signature, and the date signed.  The certification statement must also incorporate the following language:

 

"I hereby certify in good faith and to the best of my knowledge that, prior to arranging for transport of excluded hazardous secondary materials to [insert name(s) of reclamation facility and any intermediate facility], reasonable efforts were made in compliance with 35 Ill. Adm. Code 721.104(a)(24)(E)(ii) to ensure that the hazardous secondary materials would be recycled legitimately, and otherwise managed in a manner that is protective of human health and the environment, and that such efforts were based on current and accurate information."

 

BOARD NOTE:  The Board combined the documentation, certification, and records retention requirements of corresponding 40 CFR 261.4(a)(24)(v)(C)(1) through (a)(24)(v)(C)(3) into subsection (a)(24)(E)(iii) to comply with codification requirements.

 

iv)        The hazardous secondary material generator must maintain certain records at the generating facility for a minimum of three years that document every off-site shipment of hazardous secondary materials.  The documentation for each shipment must, at a minimum, include the following information about the shipment:  the name of the transporter and date of the shipment; the name and address of each reclaimer and intermediate facility to which the hazardous secondary material was sent; and the type and quantity of hazardous secondary material in the shipment.

 

BOARD NOTE:  The Board combined and moved the shipping documentation and records retention requirements of corresponding 40 CFR 261.4(a)(24)(v)(C) and (a)(24)(v)(C)(1) through (a)(24)(v)(C)(3) to this single subsection (a)(24)(E)(iv).  This combination allowed complying with codification requirements relating to the maximum permissible indent level.

 

v)         The hazardous secondary material generator must maintain at the generating facility, for a minimum of three years, for every off-site shipment of hazardous secondary materials, confirmations of receipt from each reclaimer and intermediate facility to which its hazardous secondary materials were sent.  Each confirmation of receipt must include the name and address of the reclaimer (or intermediate facility), the type and quantity of the hazardous secondary materials received, and the date on which the facility received the hazardous secondary materials.  The generator may meet this requirement using routine business records (e.g., financial records, bills of lading, copies of USDOT shipping papers, or electronic confirmations of receipt).

 

vi)        The hazardous secondary material generator must comply with the emergency preparedness and response conditions in Subpart M.

 

BOARD NOTE:  The Board intends that "RCRA permit" in subsections (a)(24)(E)(ii) and (a)(24)(E)(iii) include a permit issued by USEPA or a sister state under section 3005 of RCRA (42 USC 6925).

 

F)         The reclaimer of hazardous secondary material or any intermediate facility, as defined in 35 Ill. Adm. Code 720.110, that manages material that is excluded from regulation under this subsection (a)(24) must meet the following conditions:

 

i)          The owner or operator of a reclamation or intermediate facility must maintain at its facility for a minimum of three years records of every shipment of hazardous secondary material that the facility received and, if applicable, for every shipment of hazardous secondary material that the facility received and subsequently sent off-site from the facility for further reclamation.  For each shipment, these records must, at a minimum, contain the following information:  the name of the transporter and date of the shipment; the name and address of the hazardous secondary material generator and, if applicable, the name and address of the reclaimer or intermediate facility from which the facility received the hazardous secondary materials; the type and quantity of hazardous secondary material in the shipment; and, for hazardous secondary materials that the facility subsequently transferred off-site for further reclamation after receiving it, the name and address of the (subsequent) reclaimer and any intermediate facility to which the facility sent the hazardous secondary material.

 

BOARD NOTE:  The Board combined the provisions from 40 CFR 261.4(a)(24)(vi)(A) and (a)(24)(vi)(A)(1) through (a)(24)(vi)(A)(3) that enumerate the required information into this single subsection (a)(24)(F)(i).  This combination allowed complying with codification requirements relating to the maximum permissible indent level.

 

ii)         The intermediate facility must send the hazardous secondary material to the reclaimers designated by the generator of the hazardous secondary materials.

 

iii)        The reclaimer or intermediate facility that receives a shipment of hazardous secondary material must send a confirmation of receipt to the hazardous secondary material generator for each off-site shipment of hazardous secondary materials.  A confirmation of receipt must include the name and address of the reclaimer (or intermediate facility), the type and quantity of the hazardous secondary materials received, and the date on which the facility received the hazardous secondary materials.  The reclaimer or intermediate facility may meet this requirement using routine business records (e.g., financial records, bills of lading, copies of USDOT shipping papers, or electronic confirmations of receipt).

 

iv)        The reclaimer or intermediate facility must manage the hazardous secondary material in a manner that is at least as protective of human health and the environment as that employed for analogous raw material, and the material must be contained.  An "analogous raw material" is a raw material for which the hazardous secondary material substitutes and that serves the same function and has similar physical and chemical properties as the hazardous secondary material.

 

v)         A reclaimer of hazardous secondary materials must manage any residuals that are generated from its reclamation processes in a manner that is protective of human health and the environment.  If any residuals of the reclamation process exhibit a characteristic of hazardous waste, as defined in Subpart C, or if the residuals themselves are specifically listed as hazardous waste in Subpart D, those residuals are hazardous waste.  The reclaimer and any subsequent persons must manage that hazardous waste in compliance with the applicable requirements of 35 Ill. Adm. Code:  Subtitle G or similar regulations authorized by USEPA as equivalent to 40 CFR 260 through 272.

 

vi)        The reclaimer and intermediate facility must have financial assurance that complies with Subpart H.

 

G)        In addition, any person claiming the exclusion for recycled hazardous secondary material under this subsection (a)(24) must provide notification as required by 35 Ill. Adm. Code 720.142.

 

H)        For the reasonable inquiries required by subsection (a)(24)(E)(ii), the hazardous secondary material generator must affirmatively answer the following questions for each reclamation facility and any intermediate facility:

 

i)          Does the available information indicate that the reclamation process is legitimate under 35 Ill. Adm. Code 720.143?  In answering this question, the hazardous secondary material generator can rely on its existing knowledge of the physical and chemical properties of the hazardous secondary material, as well as information from other sources (e.g., the reclamation facility, audit reports, etc.) about the reclamation process.

 

ii)         Does the publicly available information indicate that the reclamation facility and any intermediate facility that is used by the hazardous secondary material generator notified the appropriate authorities of hazardous secondary materials reclamation activities under 35 Ill. Adm. Code 720.142, and have they notified the appropriate authorities that the financial assurance condition is satisfied per subsection (a)(24)(F)(vi)?  In answering these questions, the hazardous secondary material generator can rely on the available information documenting the reclamation facility's and any intermediate facility's complying with the notification requirements per 35 Ill. Adm. Code 720.142, including the requirement in 35 Ill. Adm. Code 720.142(a)(5) to notify USEPA or the Agency whether the reclaimer or intermediate facility has financial assurance.

 

iii)        Does publicly available information indicate that the reclamation facility or any intermediate facility that is used by the hazardous secondary material generator has not had any formal enforcement actions taken against the facility in the previous three years for violations of the RCRA hazardous waste regulations and has not been classified as a significant noncomplier with RCRA Subtitle C?  In answering this question, the hazardous secondary material generator can rely on the publicly available information from USEPA or the state.  If the reclamation facility or any intermediate facility that is used by the hazardous secondary material generator has had a formal enforcement action taken against the facility in the previous three years for violations of the RCRA hazardous waste regulations and has been classified as a significant non-complier with RCRA Subtitle C, does the hazardous secondary material generator have credible evidence that the facility will manage the hazardous secondary materials properly?  In answering this question, the hazardous secondary material generator can obtain additional information from USEPA, the state, or the facility itself that the facility has addressed the violations, taken remedial steps to address the violations and prevent future violations, or that the violations are not relevant to the proper management of the hazardous secondary materials.

 

iv)        Does the available information indicate that the reclamation facility and any intermediate facility that is used by the hazardous secondary material generator have the equipment and trained personnel to safely recycle the hazardous secondary material?  In answering this question, the generator may rely on a description by the reclamation facility or by an independent third party of the equipment and trained personnel to be used to recycle the generator's hazardous secondary material.

 

v)         If residuals are generated from reclaiming the excluded hazardous secondary materials, does the reclamation facility have the permits required (if any) to manage the residuals?  If not, does the reclamation facility have a contract with an appropriately permitted facility to dispose of the residuals?  If not, does the hazardous secondary material generator have credible evidence that the residuals will be managed in a manner that is protective of human health and the environment?  In answering these questions, the hazardous secondary material generator can rely on publicly available information from USEPA or the state, or information provided by the facility itself.

 

BOARD NOTE:  The Board moved the required generator inquiries into a reclamation or intermediate facility of 40 CFR 261.4(a)(24)(v)(B) and (a)(24)(v)(B)(1) through (a)(24)(v)(B)(5) to this subsection (a)(24)(H) to comply with codification requirements.

 

25)       Hazardous secondary material that is exported from the United States and reclaimed at a reclamation facility located in a foreign country is not a solid waste, provided that the hazardous secondary material generator complies with the applicable requirements of subsections (a)(24)(A) through (a)(24)(E) and (a)(24)(H) (excepting subsection (a)(24)(H)(ii) for foreign reclaimers and foreign intermediate facilities), and that the hazardous secondary material generator also complies with the following requirements:

 

A)        The generator must notify USEPA of an intended export before the hazardous secondary material is scheduled to leave the United States.  The generator must submit a complete notification at least 60 days before the initial shipment is intended to be shipped off-site.  This notification may cover export activities extending over a 12-month or lesser period.  The notification must be in writing, signed by the hazardous secondary material generator, and include the following information:

 

i)          The name, mailing address, telephone number and USEPA identification number (if applicable) of the hazardous secondary material generator;

 

ii)         A description of the hazardous secondary material and the USEPA hazardous waste number that would apply if the hazardous secondary material were managed as hazardous waste and the USDOT proper shipping name, hazard class and identification number (UN or NA) for each hazardous secondary material as identified in the hazardous materials table in 49 CFR 172.101, incorporated by reference in 35 Ill. Adm. Code 720.111;

 

iii)        The estimated frequency or rate at which the hazardous secondary material is to be exported and the period over which the hazardous secondary material is to be exported;

 

iv)        The estimated total quantity of hazardous secondary material;

 

v)         All points of entry to and departure from each foreign country through which the hazardous secondary material will pass;

 

vi)        A description of the means by which each shipment of the hazardous secondary material will be transported (e.g., mode of transportation vehicle (air, highway, rail, water, etc.), types of container (drums, boxes, tanks, etc.), etc.);

 

vii)       A description of how the hazardous secondary material will be reclaimed in the country of import;

 

viii)      The name and address of the reclaimer, any intermediate facility, and any alternate reclaimer and intermediate facilities; and

 

ix)        The name of any countries of transit through which the hazardous secondary material will be sent and a description of the approximate length of time it will remain in such countries and the nature of its handling while there (for this Section, the terms "USEPA Acknowledgement of Consent", "country of import", and "country of transit" are used as defined in 35 Ill. Adm. Code 722.181 with the exception that the terms in this Section refer to hazardous secondary materials, rather than hazardous waste).

 

B)        The generator must submit notifications electronically using USEPA's Waste Import Export Tracking System (WIETS).

 

C)        Except for changes to the telephone number required in subsection (a)(25)(A)(i) and decreases in the quantity of hazardous secondary material indicated under subsection (a)(25)(A)(iv), when the conditions specified on the original notification change (including any exceedance of the estimate of the quantity of hazardous secondary material specified in the original notification), the hazardous secondary material generator must provide USEPA with a written renotification of the change.  The shipment must not occur until consent of the country of import to the changes (except for changes to subsection (a)(25)(A)(ix) and in the ports of entry to and departure from countries of transit under subsection (a)(25)(A)(v)) has been obtained and the hazardous secondary material generator receives from USEPA a USEPA Acknowledgment of Consent reflecting the country of import's consent to the changes.

 

D)        Upon request by USEPA, the hazardous secondary material generator must furnish to USEPA any additional information that a country of import requests to respond to a notification.

 

E)        USEPA will provide a complete notification to the country of import and any countries of transit. A notification is complete when USEPA receives a notification that USEPA determines complies with subsection (a)(25)(A). When a claim of confidentiality is asserted with respect to any notification information required by subsection (a)(25)(A), USEPA may find the notification not complete until any such claim is resolved in compliance with 35 Ill. Adm. Code 720.102.

 

F)         The export of hazardous secondary material under this subsection (a)(25) is prohibited unless the hazardous secondary material generator receives from USEPA an USEPA Acknowledgment of Consent documenting the consent of the country of import to the receipt of hazardous secondary material.  When the country of import objects to receipt of the hazardous secondary material or withdraws a prior consent, USEPA will notify the hazardous secondary material generator in writing.  USEPA will also notify the hazardous secondary material generator of any responses from countries of transit.

 

G)        For exports to OECD member countries, the receiving country may respond to the notification using tacit consent.  If no objection has been lodged by any country of import or countries of transit to a notification provided under subsection (a)(25)(A) within 30 days after the date of issuance of the acknowledgement of receipt of notification by the competent authority of the country of import, the transboundary movement may commence.  In such cases, USEPA will send a USEPA Acknowledgment of Consent to inform the hazardous secondary material generator that the country of import and any relevant countries of transit have not objected to the shipment and are thus presumed to have consented tacitly.  Tacit consent expires one calendar year after the close of the 30-day period; renotification and renewal of all consents is required for exports after that date.

 

H)        A copy of the USEPA Acknowledgment of Consent must accompany the shipment.  The shipment must conform to the terms of the USEPA Acknowledgment of Consent.

 

I)         If the shipment cannot be delivered for any reason to the reclaimer, intermediate facility or the alternate reclaimer or alternate intermediate facility, the hazardous secondary material generator must re-notify USEPA of a change in the conditions of the original notification to allow shipment to a new reclaimer in compliance with subsection (a)(25)(C) and obtain another USEPA Acknowledgment of Consent.

 

J)         Hazardous secondary material generators must keep a copy of each notification of intent to export and each USEPA Acknowledgment of Consent for a period of three years following receipt of the USEPA Acknowledgment of Consent. They may meet this recordkeeping requirement by retaining electronically submitted notifications or electronically generated Acknowledgements in their account on USEPA's WIETS, provided that such copies are readily available for viewing and production if requested by any USEPA or Agency inspector.  No hazardous secondary material generator may be held liable for the inability to produce a notification or Acknowledgement for inspection under this Section if it can demonstrate that the inability to produce such copies is due exclusively to technical difficulty with USEPA's WIETS for which the hazardous secondary material generator bears no responsibility.

 

K)        Hazardous secondary material generators must file with USEPA, no later than March 1 of each year, a report summarizing the types, quantities, frequency, and ultimate destination of all hazardous secondary materials exported during the previous calendar year.  Annual reports must be submitted electronically using USEPA's WIETS.  Such reports must include the following information:

 

i)          Name, mailing and site address, and USEPA identification number (if applicable) of the hazardous secondary material generator;

 

ii)         The calendar year covered by the report;

 

iii)        The name and site address of each reclaimer and intermediate facility;

 

iv)        By reclaimer and intermediate facility, for each hazardous secondary material exported, a description of the hazardous secondary material and the USEPA hazardous waste number that would apply if the hazardous secondary material were managed as hazardous waste; the USDOT hazard class, incorporated by reference in 35 Ill. Adm. Code 720.111; the name and USEPA identification number (if applicable) for each transporter used, the consent number(s) under which the hazardous secondary material was shipped and for each consent number(s) the total amount of hazardous secondary material shipped, and the number of shipments during the calender year covered by the report; and

 

v)         A certification signed by the hazardous secondary material generator that states as follows:

 

"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this 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."

 

L)        Any person claiming an exclusion under this subsection (a)(25) must provide notification as required by 35 Ill. Adm. Code 720.142.

 

26)       Solvent-contaminated wipes that are sent for cleaning and reuse are not solid wastes from the point of generation if the following conditions are met:

 

A)        The solvent-contaminated wipes, when accumulated, stored, and transported, are contained in non-leaking, closed containers that are labeled "Excluded Solvent-Contaminated Wipes".  The containers must be able to contain free liquids, should free liquids occur.  During accumulation, a container is considered closed when there is complete contact between the fitted lid and the rim, except when it is necessary to add or remove solvent-contaminated wipes.  When the container is full, when the solvent-contaminated wipes are no longer being accumulated, or when the container is being transported, the container must be sealed with all lids properly and securely affixed to the container and all openings tightly bound or closed sufficiently to prevent leaks and emissions;

 

B)        The solvent-contaminated wipes may be accumulated by the generator for up to 180 days from the start date of accumulation for each container prior to being sent for cleaning;

 

C)        At the point of being sent for cleaning on-site or at the point of being transported off-site for cleaning, the solvent-contaminated wipes must contain no free liquids, as defined in 35 Ill. Adm. Code 720.110;

 

D)        Free liquids removed from the solvent-contaminated wipes or from the container holding the wipes must be managed according to the applicable regulations found in this Part and 35 Ill. Adm. Code 720, 722 through 728, and 733;

 

E)        Generators must maintain at their site the following documentation:

 

i)          The name and address of the laundry or dry cleaner that is receiving the solvent-contaminated wipes;

 

ii)         The documentation that the 180-day accumulation time limit in 35 Ill. Adm. Code 721.104(a)(26)(B) is being met; and

 

iii)        A description of the process the generator is using to ensure that the solvent-contaminated wipes contain no free liquids at the point of being laundered or dry cleaned on-site or at the point of being transported off-site for laundering or dry cleaning; and

 

F)         The solvent-contaminated wipes are sent to a laundry or dry cleaner whose discharge, if any, is regulated under sections 301 and 402 or section 307 of the federal Clean Water Act (33 USC 1311 and 1341 or 33 USC 1317) or equivalent Illinois or sister-state requirements approved by USEPA under 33 USC 1311 through 1346 and 1370.

 

27)       Hazardous secondary material that is generated and then transferred to another person for remanufacturing is not a solid waste, provided that the following conditions are met:

 

BOARD NOTE:  The North American Industrial Classification System (NAICS) codes used in this subsection (a)(27) are defined in the NAICS Manual, available from the Office of Management and Budget and incorporated by reference in 35 Ill. Adm. Code 720.111.

 

A)        The hazardous secondary material consists of one or more of the following spent solvents:  toluene, xylenes, ethylbenzene, 1,2,4-trimethylbenzene, chlorobenzene, n-hexane, cyclohexane, methyl tert-butyl ether, acetonitrile, chloroform, chloromethane, dichloromethane, methyl isobutyl ketone, N,N-dimethylformamide, tetrahydrofuran, n-butyl alcohol, ethanol, or methanol.

 

B)        The hazardous secondary material originated from using one or more of the solvents listed in subsection (a)(27)(A) in a commercial grade for reacting, extracting, purifying, or blending chemicals (or for rinsing out the process lines associated with these functions) in the pharmaceutical manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211), or the paints and coatings manufacturing sectors (NAICS 325510).

 

C)        The hazardous secondary material generator sends the hazardous secondary material spent solvents listed in subsection (a)(27)(A) to a remanufacturer in the pharmaceutical manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211), or the paints and coatings manufacturing sectors (NAICS 325510).

 

D)        After remanufacturing one or more of the solvents listed in subsection (a)(27)(A), the use of the remanufactured solvent must be limited to reacting, extracting, purifying, or blending chemicals (or for rinsing out the process lines associated with these functions) in the pharmaceutical manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211), and the paints and coatings manufacturing sectors (NAICS 325510) or to using them as ingredients in a product.  These allowed uses correspond to chemical functional uses enumerated in 40 CFR 711.15(b)(4)(i)(C) (Reporting Information to EPA), incorporated by reference in 35 Ill. Adm. Code 720.111, including Industrial Function Category Codes U015 (solvents consumed in a reaction to produce other chemicals) and U030 (solvents that become part of the mixture).

 

BOARD NOTE:  The Board observes that the citation to Toxic Substances Control Act function categories and use of the word "including" to preface specific example Industrial Function Category Codes does not expand the range of permissible uses beyond the express limitations recited in the first segment of this subsection (a)(27)(D) and subsection (a)(27)(E).

 

E)        After remanufacturing one or more of the solvents listed in subsection (a)(27)(i), the use of the remanufactured solvent does not involve cleaning or degreasing oil, grease, or similar material from textiles, glassware, metal surfaces, or other articles.  (These disallowed continuing uses correspond to chemical functional uses in Industrial Function Category Code U029 (solvents (for cleaning and degreasing)) in 40 CFR 711.15(b)(4)(i)(C), incorporated by reference in 35 Ill. Adm. Code 720.111.

 

F)         Both the hazardous secondary material generator and the remanufacturer must meet the following requirements:

 

i)          The generator and remanufacturer must notify USEPA Region 5 and the Agency, and update the notification every two years per 35 Ill. Adm. Code 720.142;

 

ii)         The generator and remanufacturer must develop and maintain an up-to-date remanufacturing plan that identifies the information enumerated in subsection (a)(27)(G);

 

BOARD NOTE:  The Board moved corresponding 40 CFR 261.4(a)(27)(vi)(B)(1) through (a)(27)(vi)(B)(1) to appear as subsections (a)(27)(G)(i) through (a)(27)(G)(v) to comport with codification requirements.

 

iii)        The generator and remanufacturer must maintain records of shipments and confirmations of receipts for a period of three years from the dates of the shipments;

 

iv)        The generator and remanufacturer must, prior to remanufacturing, store the hazardous spent solvents in tanks or containers that meet technical standards found in Subparts I and J, with the tanks and containers being labeled or otherwise having an immediately available record of the material being stored;

 

v)         The generator and remanufacturer must, during remanufacturing, and during storage of the hazardous secondary materials prior to remanufacturing, the remanufacturer certifies that the remanufacturing equipment, vents, and tanks are equipped with and are operating air emission controls complying with the applicable Clean Air Act regulations of 40 CFR 60, 61 and 63, incorporated by reference in 35 Ill. Adm. Code 720.111; or, absent such Clean Air Act standards for the particular operation or piece of equipment covered by the remanufacturing exclusion, are complying with the appropriate standards in Subparts AA (vents), BB (equipment) and CC (tank storage); and

 

vi)        The generator and remanufacturer must meet the requirements prohibiting speculative accumulation in Section 721.101(c)(8).

 

G)        The following information items are required elements for a remanufacturing plan.

 

i)          The name, address and USEPA ID number of the generators and the remanufacturers;

 

ii)         The types and estimated annual volumes of spent solvents to be remanufactured;

 

iii)        The processes and industry sectors that generate the spent solvents;

 

iv)        The specific uses and industry sectors for the remanufactured solvents; and

 

v)         A certification from the remanufacturer stating as follows: 

"On behalf of [insert remanufacturer facility name], I certify that this facility is a remanufacturer under pharmaceutical manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211), and/or the paints and coatings manufacturing sectors (NAICS 325510), and will accept the spent solvent(s) solely for remanufacturing into commercial-grade solvent(s) that will be used for reacting, extracting, purifying, or blending chemicals (or for rinsing out the process lines associated with these functions) or for use as product ingredient(s).  I also certify that the remanufacturing equipment, vents, and tanks are equipped with and are operating air emission controls complying with the appropriate Clean Air Act regulations under 40 CFR 60, 61 or 63, or, absent such Clean Air Act standards for the particular operation or piece of equipment covered by the remanufacturing exclusion, comply with the appropriate standards in Subparts AA (vents), BB (equipment) and CC (tank storage)."

 

BOARD NOTE:  Subsections (a)(27)(G)(i) through (a)(27)(G)(v) correspond with 40 CFR 261.4(a)(27)(vi)(B)(1) through (a)(27)(vi)(B)(1), moved to this subsection (a)(27)(G) to comport with codification requirements.

 

b)         Solid Wastes That Are Not Hazardous Wastes.  The following solid wastes are not hazardous wastes:

 

1)         Household waste, including household waste that has been collected, transported, stored, treated, disposed of, recovered (e.g., refuse-derived fuel), or reused. "Household waste" means any waste material (including garbage, trash, and sanitary wastes in septic tanks) derived from households (including single and multiple residences, hotels, and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas).  A resource recovery facility managing municipal solid waste must not be deemed to be treating, storing, disposing of, or otherwise managing hazardous wastes for regulation under this Part, if the following describe the facility:

 

A)        The facility receives and burns only the following waste:

 

i)          Household waste (from single and multiple dwellings, hotels, motels, and other residential sources); or

 

ii)         Solid waste from commercial or industrial sources that does not contain hazardous waste; and

 

B)        The facility does not accept hazardous waste and the owner or operator of such facility has established contractual requirements or other appropriate notification or inspection procedures to assure that hazardous wastes are not received at or burned in such facility.

 

BOARD NOTE: The U.S. Supreme Court determined, in City of Chicago v. Environmental Defense Fund, Inc., 511  U.S. 328, 114 S. Ct. 1588, 128 L. Ed. 2d 302 (1994), that this exclusion and RCRA section 3001(i) (42 USC 6921(i)) do not exclude the ash from facilities covered by this subsection (b)(1) from regulation as a hazardous waste.  At 59 Fed. Reg. 29372 (June 7, 1994), USEPA granted facilities managing ash from such facilities that is determined a hazardous waste under Subpart C until December 7, 1994 to file a RCRA Part A permit application under 35 Ill. Adm. Code 703.181.  At 60 Fed. Reg. 6666 (Feb. 3, 1995), USEPA stated that it interpreted that the point at which ash becomes subject to RCRA Subtitle C regulation is when that material leaves the combustion building (including connected air pollution control equipment).

 

2)         Solid wastes generated by any of the following that are returned to the soil as fertilizers:

 

A)        The growing and harvesting of agricultural crops; or

 

B)        The raising of animals, including animal manures.

 

3)         Mining overburden returned to the mine site.

 

4)         Coal and Fossil Fuel Combustion Waste

 

A)        Fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste generated primarily from combusting coal or other fossil fuels, except as provided in 35 Ill. Adm. Code 726.212 for facilities that burn or process hazardous waste.

 

B)        The following wastes generated primarily from processes that support combusting coal or other fossil fuels that are co-disposed with the wastes in subsection (b)(4)(A), except as provided by 35 Ill. Adm. Code 726.112 for facilities that burn or process hazardous waste:

 

i)          Coal Pile Run-Off.  For this subsection (b)(4), "coal pile run-off" means any precipitation that drains off coal piles.

 

ii)         Boiler Cleaning Solutions.  For this subsection (b)(4), "boiler cleaning solutions" means water solutions and chemical solutions used to clean the fire-side and waterside of the boiler.

 

iii)        Boiler Blowdown.  For this subsection (b)(4), "boiler blowdown" means water purged from boilers used to generate steam.

 

iv)        Process Water Treatment and Demineralizer Regeneration Wastes.  For this subsection (b)(4), "process water treatment and demineralizer regeneration wastes" means sludges, rinses, and spent resins generated from processes to remove dissolved gases, suspended solids, and dissolved chemical salts from combustion system process water.

 

v)         Cooling Tower Blowdown.  For this subsection (b)(4), "cooling tower blowdown" means water purged from a closed cycle cooling system.  Closed cycle cooling systems include cooling towers, cooling ponds, or spray canals.

 

vi)        Air Heater and Precipitator Washes.  For this subsection (b)(4), "air heater and precipitator washes" means wastes from cleaning air preheaters and electrostatic precipitators.

 

vii)       Effluents from Floor and Yard Drains and Sumps.  For this subsection (b)(4), "effluents from floor and yard drains and sumps" means wastewaters, such as wash water, collected by or from floor drains, equipment drains, and sumps located inside the power plant building; and wastewaters, such as rain run-off, collected by yard drains and sumps located outside the power plant building.

 

viii)      Wastewater Treatment Sludges.  For this subsection (b)(4), "wastewater treatment sludges" refers to sludges generated from the treatment of wastewaters specified in subsections (b)(4)(B)(i) through (b)(4)(B)(vi).

 

5)         Drilling fluids, produced waters, and other wastes associated with the exploring, developing, or producing crude oil, natural gas, or geothermal energy.

 

6)         Chromium Wastes

 

A)        Wastes that fail the test for the toxicity characteristic (Section 721.124 and Appendix B) because chromium is present or that are listed in Subpart D due to the presence of chromium, that do not fail the test for the toxicity characteristic for any other constituent or that are not listed due to the presence of any other constituent, and that do not fail the test for any other characteristic, if the waste generator shows the following:

 

i)          The chromium in the waste is exclusively (or nearly exclusively) trivalent chromium;

 

ii)         The waste is generated from an industrial process that uses trivalent chromium exclusively (or nearly exclusively) and the process does not generate hexavalent chromium; and

 

iii)        The waste is typically and frequently managed in non-oxidizing environments.

 

B)        The following are specific wastes that meet the standard in subsection (b)(6)(A) (so long as they do not fail the test for the toxicity characteristic for any other constituent and do not exhibit any other characteristic):

 

i)          Chrome (blue) trimmings generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish, retan/wet finish, no beamhouse, through-the-blue, and shearling;

 

ii)         Chrome (blue) shavings generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish, retan/wet finish, no beamhouse, through-the-blue, and shearling;

 

iii)        Buffing dust generated by the following subcategories of the leather tanning and finishing industry:  hair pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish, retan/wet finish, no beamhouse, through-the-blue;

 

iv)        Sewer screenings generated by the following subcategories of the leather tanning and finishing industry:  hair pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish, retan/wet finish, no beamhouse, through-the-blue, and shearling;

 

v)         Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing industry:  hair pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish, retan/wet finish, no beamhouse, through-the-blue, and shearling;

 

vi)        Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing industry:  hair pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish, and through-the-blue;

 

vii)       Waste scrap leather from the leather tanning industry, the shoe manufacturing industry, and other leather product manufacturing industries; and

 

viii)      Wastewater treatment sludges from producing titanium dioxide pigment using chromium-bearing ores by the chloride process.

 

7)         Solid waste from extracting, beneficiating, and processing of ores and minerals (including coal, phosphate rock, and overburden from the mining of uranium ore), except as provided by 35 Ill. Adm. Code 726.212 for facilities that burn or process hazardous waste.

 

A)        For this subsection (b)(7), beneficiating ores and minerals is restricted to the following activities:  crushing; grinding; washing; dissolution; crystallization; filtration; sorting; sizing; drying; sintering; pelletizing; briquetting; calcining to remove water or carbon dioxide; roasting; autoclaving or chlorination in preparation for leaching (except if the roasting (or autoclaving or chlorination) and leaching sequence produces a final or intermediate product that does not undergo further beneficiation or processing); gravity concentration; magnetic separation; electrostatic separation; floatation; ion exchange; solvent extraction; electrowinning; precipitation; amalgamation; and heap, dump, vat tank, and in situ leaching.

 

B)        For the this subsection (b)(7), solid waste from the processing of ores and minerals includes only the following wastes as generated:

 

i)          Slag from primary copper processing;

 

ii)         Slag from primary lead processing;

 

iii)        Red and brown muds from bauxite refining;

 

iv)        Phosphogypsum from phosphoric acid production;

 

v)         Slag from elemental phosphorus production;

 

vi)        Gasifier ash from coal gasification;

 

vii)       Process wastewater from coal gasification;

 

viii)      Calcium sulfate wastewater treatment plant sludge from primary copper processing;

 

ix)        Slag tailings from primary copper processing;

 

x)         Fluorogypsum from hydrofluoric acid production;

 

xi)        Process wastewater from hydrofluoric acid production;

 

xii)       Air pollution control dust or sludge from iron blast furnaces;

 

xiii)      Iron blast furnace slag;

 

xiv)      Treated residue from roasting and leaching of chrome ore;

 

xv)       Process wastewater from primary magnesium processing by the anhydrous process;

 

xvi)      Process wastewater from phosphoric acid production;

 

xvii)     Basic oxygen furnace and open-hearth furnace air pollution control dust or sludge from carbon steel production;

 

xviii)    Basic oxygen furnace and open-hearth furnace slag from carbon steel production;

 

xix)      Chloride processing waste solids from titanium tetrachloride production; and

 

xx)       Slag from primary zinc production.

 

C)        A residue derived from co-processing mineral processing secondary materials with normal beneficiation raw materials or with normal mineral processing raw materials remains excluded under this subsection (b) if the following conditions are met:

 

i)          The owner or operator processes at least 50 percent by weight normal beneficiation raw materials or normal mineral processing raw materials; and

 

ii)         The owner or operator legitimately reclaims the secondary mineral processing materials.

 

8)         Cement kiln dust waste, except as provided by 35 Ill. Adm. Code 726.212 for facilities that burn or process hazardous waste.

 

9)         Solid waste that consists of discarded arsenical-treated wood or wood products that fails the test for the toxicity characteristic for USEPA hazardous waste numbers D004 through D017 and that is not a hazardous waste for any other reason if the waste is generated by persons that utilize the arsenical-treated wood and wood products for these materials' intended end use.

 

10)       Petroleum-contaminated media and debris that fail the test for the toxicity characteristic of Section 721.124 (USEPA hazardous waste numbers D018 through D043 only) and that are subject to corrective action regulations under 35 Ill. Adm. Code 731.

 

11)       This subsection (b)(11) corresponds with 40 CFR 261.4(b)(11), which expired by its own terms on January 25, 1993.  This statement maintains structural parity with USEPA regulations.

 

12)       Used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment, including mobile air conditioning systems, mobile refrigeration, and commercial and industrial air conditioning and refrigeration systems, that use chlorofluorocarbons as the heat transfer fluid in a refrigeration cycle, provided the refrigerant is reclaimed for further use.

 

13)       Non-terne plated used oil filters that are not mixed with wastes listed in Subpart D, if these oil filters have been gravity hot-drained using one of the following methods:

 

A)        Puncturing the filter anti-drain back valve or the filter dome end and hot-draining;

 

B)        Hot-draining and crushing;

 

C)        Dismantling and hot-draining; or

 

D)        Any other equivalent hot-draining method that will remove used oil.

 

14)       Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products.

 

15)       Leachate or gas condensate collected from landfills where certain solid wastes have been disposed of, under the following circumstances:

 

A)        The following conditions must be met:

 

i)          The solid wastes disposed of would meet one or more of the listing descriptions for the following USEPA hazardous waste numbers that are generated after the effective date listed for the waste:

 

USEPA Hazardous Waste Numbers	Listing Effective Date
K169, K170, K171, and K172	February 8, 1999
K174 and K175	May 7, 2001
K176, K177, and K178	May 20, 2002
K181	August 23, 2005

 

ii)         The solid wastes described in subsection (b)(15)(A)(i) were disposed of prior to the effective date of the listing (as provided in that subsection);

 

iii)        The leachate or gas condensate does not exhibit any characteristic of hazardous waste nor is derived from any other listed hazardous waste; and

 

iv)        Discharge of the leachate or gas condensate, including leachate or gas condensate transferred from the landfill to a POTW by truck, rail, or dedicated pipe, is subject to regulation under section 307(b) or 402 of the federal Clean Water Act (33 USC 1317(b) or 1342).

 

B)        Leachate or gas condensate derived from K169, K170, K171, K172, K176, K177, K178, or K181 waste will no longer be exempt if it is stored or managed in a surface impoundment prior to discharge. There is one exception:  if the surface impoundment is used to temporarily store leachate or gas condensate in response to an emergency situation (e.g., shutdown of wastewater treatment system), provided the impoundment has a double liner, and provided the leachate or gas condensate is removed from the impoundment and continues to be managed complying with the conditions of this subsection (b)(15) after the emergency ends.

 

16)       This subsection (b)(16) corresponds with 40 CFR 261.4(b)(16), which USEPA has marked "reserved".  This statement maintains structural parity with USEPA regulations.

 

17)       This subsection (b)(17) corresponds with 40 CFR 261.4(b)(17), which pertains exclusively to waste generated by a specific facility outside Illinois.  This statement maintains structural parity with USEPA regulations.

 

18)       Solvent-contaminated wipes, except for wipes that are hazardous waste due to the presence of trichloroethylene, that are sent for disposal are not hazardous wastes from the point of generation if the following conditions are met:

 

A)        The solvent-contaminated wipes, when accumulated, stored, and transported, are contained in non-leaking, closed containers that are labeled "Excluded Solvent-Contaminated Wipes".  The containers must be able to contain free liquids, should free liquids occur.  During accumulation, a container is considered closed when there is complete contact between the fitted lid and the rim, except when it is necessary to add or remove solvent-contaminated wipes.  When the container is full, when the solvent-contaminated wipes are no longer being accumulated, or when the container is being transported, the container must be sealed with all lids properly and securely affixed to the container and all openings tightly bound or closed sufficiently to prevent leaks and emissions;

 

B)        The solvent-contaminated wipes may be accumulated by the generator for up to 180 days from the start date of accumulation for each container prior to being sent for disposal;

 

C)        At the point of being transported for disposal, the solvent-contaminated wipes must contain no free liquids, as defined in 35 Ill. Adm. Code 720.110;

 

D)        Free liquids removed from the solvent-contaminated wipes or from the container holding the wipes must be managed according to the applicable regulations found in this Part and 35 Ill. Adm. Code 720, 722 through 728, and 733;

 

E)        Generators must maintain at their site the following documentation:

 

i)          The name and address of the landfill or combustor that is receiving the solvent-contaminated wipes;

 

ii)         The documentation that the 180-day accumulation time limit in 35 Ill. Adm. Code 721.104(b)(18)(B) is being met; and

 

iii)        A description of the process the generator is using to ensure that the solvent-contaminated wipes contain no free liquids at the point of being transported for disposal; and

 

F)         The solvent-contaminated wipes are sent for disposal at one of the following facilities:

 

i)          A municipal solid waste landfill regulated under RCRA Subtitle D regulations:  35 Ill. Adm. Code 810 through 815, including the landfill design criteria of 35 Ill. Adm. Code 811.303 through 811.309, 811.315 through 811.317, and Subpart E of 35 Ill. Adm. Code 811 or 35 Ill. Adm. Code 814.302 and 814.402; 40 CFR 258, including the landfill design criteria of 40 CFR 258.40; or equivalent regulations of a sister state that USEPA has approved under 42 USC 6943 and 6947; or

 

ii)         A hazardous waste landfill regulated under RCRA Subtitle C regulations:  35 Ill. Adm. Code 724 or 725; 40 CFR 264 or 265; or equivalent regulations of a sister state that USEPA has approved under 42 USC 6926; or

 

iii)        A municipal waste combustor or other combustion facility regulated under section 129 of the Clean Air Act (42 USC 7429) or equivalent Illinois or sister-state regulations approved by USEPA under 42 USC 7429; or

 

iv)        A hazardous waste combustor, boiler, or industrial furnace regulated under RCRA Subtitle C regulations:  35 Ill. Adm. Code 724 or 725 or Subpart H of 35 Ill. Adm. Code 726; 40 CFR 264 or 265 or subpart H of 40 CFR 266; or equivalent regulations of a sister state that USEPA has approved under 42 USC 6926.

 

c)         Hazardous wastes that are exempted from certain regulations. A hazardous waste that is generated in a product or raw material storage tank, a product or raw material transport vehicle or vessel, a product or raw material pipeline, or in a manufacturing process unit, or an associated non-waste-treatment manufacturing unit, is not subject to regulation under 35 Ill. Adm. Code 702, 703, and 722 through 728 or to the notification requirements of section 3010 of RCRA (42 USC 6930) until it exits the unit in which it was generated, unless the unit is a surface impoundment, or unless the hazardous waste remains in the unit more than 90 days after the unit ceases to be operated for manufacturing or for storage or transporting product or raw materials.

 

d)         Samples

 

1)         Except as provided in subsections (d)(2) and (d)(4), a sample of solid waste or a sample of water, soil, or air that is collected solely for testing to determine its characteristics or composition is not subject to any requirements of this Part or 35 Ill. Adm. Code 702, 703, and 722 through 728.  The sample qualifies when it meets one of the following conditions:

 

A)        The sample is being transported to a laboratory for testing;

 

B)        The sample is being transported back to the sample collector after testing;

 

C)        The sample is being stored by the sample collector before transport to a laboratory for testing;

 

D)        The sample is being stored in a laboratory before testing;

 

E)        The sample is being stored in a laboratory for testing but before it is returned to the sample collector; or

 

F)         The sample is being stored temporarily in the laboratory after testing for a specific purpose (for example, until conclusion of a court case or enforcement action if further testing of the sample may be necessary).

 

2)         To qualify for the exemption in subsection (d)(1)(A) or (d)(1)(B), a sample collector shipping samples to a laboratory and a laboratory returning samples to a sample collector must do the following:

 

A)        Comply with USDOT, U.S. Postal Service (USPS), or any other applicable shipping requirements; or

 

B)        Comply with the following requirements if the sample collector determines that USDOT, USPS, or other shipping requirements do not apply to the shipment of the sample:

 

i)          Assure that the following information accompanies the sample:  The sample collector's name, mailing address, and telephone number; the laboratory's name, mailing address, and telephone number; the quantity of the sample; the date of the shipment; and a description of the sample; and

 

ii)         Package the sample so that it does not leak, spill, or vaporize from its packaging.

 

3)         This exemption does not apply if the laboratory determines that the waste is hazardous, but the laboratory is no longer meeting any of the conditions stated in subsection (d)(1).

 

4)         To qualify for the exemption in subsections (d)(1)(A) and (d)(1)(B), the mass of a sample that will be exported to a foreign laboratory or that will be imported to a U.S. laboratory from a foreign source must additionally not exceed 25 kg.

 

e)         Treatability Study Samples

 

1)         Except as provided in subsections (e)(2) and (e)(4), a person that generates or collects samples for conducting treatability studies, as defined in 35 Ill. Adm. Code 720.110, are not subject to any requirement of 35 Ill. Adm. Code 721 through 723 or to the notification requirements of section 3010 of RCRA (42 USC 6930).  Nor are such samples included in the quantity determinations of 35 Ill. Adm. Code 722.114 and 722.116 when:

 

A)        The sample is being collected and prepared for transportation by the generator or sample collector;

 

B)        The sample is being accumulated or stored by the generator or sample collector prior to transportation to a laboratory or testing facility; or

 

C)        The sample is being transported to the laboratory or testing facility for conducting a treatability study.

 

2)         The exemption in subsection (e)(1) is applicable to samples of hazardous waste being collected and shipped for conducting treatability studies provided that the following conditions are met:

 

A)        The generator or sample collector uses (in "treatability studies") no more than 10,000 kg of media contaminated with non-acute hazardous waste, 1,000 kg of non-acute hazardous waste other than contaminated media, 1 kg of acute hazardous waste, or 2,500 kg of media contaminated with acute hazardous waste for each process being evaluated for each generated waste stream;

 

B)        The mass of each shipment does not exceed 10,000 kg; the 10,000 kg quantity may be all media contaminated with non-acute hazardous waste, or may include 2,500 kg of media contaminated with acute hazardous waste, 1,000 kg of hazardous waste, and 1 kg of acute hazardous waste;

 

C)        The sample must be packaged so that it does not leak, spill, or vaporize from its packaging during shipment and subsection (e)(2)(C)(i) or (e)(2)(C)(ii) are met.

 

i)          Transporting each sample shipment complies with USDOT, USPS, or any other applicable shipping requirements; or

 

ii)         If the USDOT, USPS, or other shipping requirements do not apply to the shipment of the sample, the following information must accompany the sample:  The name, mailing address, and telephone number of the originator of the sample; the name, address, and telephone number of the facility that will perform the treatability study; the quantity of the sample; the date of the shipment; and, a description of the sample, including its USEPA hazardous waste number;

 

D)        The sample is shipped to a laboratory or testing facility that is exempt under subsection (f), or has an appropriate RCRA permit or interim status;

 

E)        The generator or sample collector maintains the following records for a period ending three years after completing the treatability study:

 

i)          Copies of the shipping documents;

 

ii)         A copy of the contract with the facility conducting the treatability study; and

 

iii)        Documentation showing the following:  The amount of waste shipped under this exemption; the name, address, and USEPA identification number of the laboratory or testing facility that received the waste; the date the shipment was made; and whether or not unused samples and residues were returned to the generator; and

 

F)         The generator reports the information required in subsection (e)(2)(E)(iii) in its report under 35 Ill. Adm. Code 722.141.

 

3)         The Agency may grant requests on a case-by-case basis for up to an additional two years for treatability studies involving bioremediation.  The Agency may grant requests, on a case-by-case basis, for quantity limits in excess of those specified in subsections (e)(2)(A), (e)(2)(B), and (f)(4), for up to an additional 5,000 kg of media contaminated with non-acute hazardous waste, 500 kg of non-acute hazardous waste, 2,500 kg of media contaminated with acute hazardous waste, and 1 kg of acute hazardous waste under the circumstances in either subsection (e)(3)(A) or (e)(3)(B), subject to the limitations of subsection (e)(3)(C):

 

A)        In response to requests for authorization to ship, store, and conduct further treatability studies on additional quantities in advance of commencing treatability studies. Factors to be considered in reviewing such requests include  the nature of the technology, the type of process (e.g., batch versus continuous), the size of the unit undergoing testing (particularly in relation to scale-up considerations), the time or quantity of material required to reach steady-state operating conditions, or test design considerations, such as mass balance calculations.

 

B)        In response to requests for authorization to ship, store, and conduct treatability studies on additional quantities after initiating or completing initial treatability studies when the following occurs:  There has been an equipment or mechanical failure during the conduct of the treatability study, there is need to verify the results of a previously-conducted treatability study, there is a need to study and analyze alternative techniques within a previously-evaluated treatment process, or there is a need to do further evaluating an ongoing treatability study to determine final specifications for treatment.

 

C)        The additional quantities and timeframes allowed in subsections (e)(3)(A) and (e)(3)(B) are subject to all the provisions in subsections (e)(1) and (e)(2)(B) through (e)(2)(F).  The generator or sample collector must apply to the Agency and provide in writing the following information:

 

i)          The reason why the generator or sample collector requires additional time or quantity of sample for the treatability study evaluation and the additional time or quantity needed;

 

ii)         Documentation accounting for all samples of hazardous waste from the waste stream that have been sent for or undergone treatability studies, including the date each previous sample from the waste stream was shipped, the quantity of each previous shipment, the laboratory or testing facility to which it was shipped, what treatability study processes were conducted on each sample shipped, and the available results of each treatability study;

 

iii)        A description of the technical modifications or change in specifications that will be evaluated and the expected results;

 

iv)        If such further study is being required due to equipment or mechanical failure, the applicant must include information regarding the reason for the failure or breakdown and also include what procedures or equipment improvements have been made to protect against further breakdowns; and

 

v)         Such other information as the Agency determines is necessary.

 

4)         To qualify for the exemption in subsection (e)(1)(A), the mass of a sample that will be exported to a foreign laboratory or testing facility, or that will be imported to a U.S. laboratory or testing facility from a foreign source must additionally not exceed 25 kg.

 

5)         Final Agency determinations under this subsection (e) may be appealed to the Board.

 

f)         Samples undergoing treatability studies at laboratories or testing facilities.  Samples undergoing treatability studies and the laboratory or testing facility conducting such treatability studies (to the extent such facilities are not otherwise subject to RCRA requirements) are not subject to any requirement of this Part, or of 35 Ill. Adm. Code 702, 703, 722 through 726, and 728 or to the notification requirements of section 3010 of RCRA (42 USC 6930), provided that the owner or operator complies with subsections (f)(1) through (f)(11).  A mobile treatment unit may qualify as a testing facility subject to subsections (f)(1) through (f)(11). Where a group of mobile treatment units are located at the same site, the limitations specified in subsections (f)(1) through (f)(11) apply to the entire group of mobile treatment units collectively as if the group were one mobile treatment unit.

 

1)         No less than 45 days before conducting treatability studies, the facility notifies the Agency in writing that it intends to conduct treatability studies under this subsection (f).

 

2)         The laboratory or testing facility conducting the treatability study has a USEPA identification number.

 

3)         No more than a total of 10,000 kg of "as received" media contaminated with non-acute hazardous waste, 2,500 kg of media contaminated with acute hazardous waste, or 250 kg of other "as received" hazardous waste is subject to initiating treatment in all treatability studies in any single day.  "As received" waste refers to the waste as received in the shipment from the generator or sample collector.

 

4)         The quantity of "as received" hazardous waste stored at the facility for evaluation in treatability studies does not exceed 10,000 kg, the total of which can include 10,000 kg of media contaminated with non-acute hazardous waste, 2,500 kg of media contaminated with acute hazardous waste, 1,000 kg of non-acute hazardous wastes other than contaminated media, and 1 kg of acute hazardous waste.  This quantity limitation does not include treatment materials (including non-hazardous solid waste) added to "as received" hazardous waste.

 

5)         No more than 90 days have elapsed since the treatability study for the sample was completed, or no more than one year (two years for treatability studies involving bioremediation) has elapsed since the generator or sample collector shipped the sample to the laboratory or testing facility, whichever date first occurs. Up to 500 kg of treated material from a particular waste stream from treatability studies may be archived for future evaluation up to five years from the date of initial receipt. Quantities of materials archived are counted against the total storage limit for the facility.

 

6)         The treatability study does not involve the placement of hazardous waste on the land or open burning of hazardous waste.

 

7)         The facility maintains records for three years following completing each study that show complying with the treatment rate limits and the storage time and quantity limits.  The following specific information must be included for each treatability study conducted:

 

A)        The name, address, and USEPA identification number of the generator or sample collector of each waste sample;

 

B)        The date the shipment was received;

 

C)        The quantity of waste accepted;

 

D)        The quantity of "as received" waste in storage each day;

 

E)        The date the treatment study was initiated and the amount of "as received" waste introduced to treatment each day;

 

F)         The date the treatability study was concluded;

 

G)        The date any unused sample or residues generated from the treatability study were returned to the generator or sample collector or, if sent to a designated facility, the name of the facility and the USEPA identification number.

 

8)         The facility keeps, on-site, a copy of the treatability study contract and all shipping papers associated with the transport of treatability study samples to and from the facility for a period ending three years from the completion date of each treatability study.

 

9)         The facility prepares and submits a report to the Agency, by March 15 of each year, that includes the following information for the previous calendar year:

 

A)        The name, address, and USEPA identification number of the facility conducting the treatability studies;

 

B)        The types (by process) of treatability studies conducted;

 

C)        The names and addresses of persons for whom studies have been conducted (including their USEPA identification numbers);

 

D)        The total quantity of waste in storage each day;

 

E)        The quantity and types of waste subjected to treatability studies;

 

F)         When each treatability study was conducted; and

 

G)        The final disposition of residues and unused sample from each treatability study.

 

10)       The facility determines whether any unused sample or residues generated by the treatability study are hazardous waste under Section 721.103 and, if so, are subject to 35 Ill. Adm. Code 702, 703, and 721 through 728, unless the residues and unused samples are returned to the sample originator under the exemption of subsection (e).

 

11)       The facility notifies the Agency by letter when the facility is no longer planning to conduct any treatability studies at the site.

 

g)         Dredged Material That Is Not a Hazardous Waste.  Dredged material that is subject to a permit that has been issued under section 404 of the Federal Water Pollution Control Act (33 USC 1344) is not a hazardous waste.  For this subsection (g), the following definitions apply:

 

"Dredged material" has the meaning ascribed it in 40 CFR 232.2 (Definitions), incorporated by reference in 35 Ill. Adm. Code 720.111(b).

 

"Permit" means any of the following:

 

A permit issued by the U.S. Army Corps of Engineers (Army Corps) under section 404 of the Federal Water Pollution Control Act (33 USC 1344);

 

A permit issued by the Army Corps under section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 USC 1413); or

 

In the case of Army Corps civil works projects, the administrative equivalent of the permits referred to in the preceding two paragraphs of this definition, as provided for in Army Corps regulations (for example, see 33 CFR 336.1, 336.2, and 337.6).

 

h)         Carbon Dioxide Stream Injected for Geologic Sequestration.  Carbon dioxide streams that are captured and transported for injecting into an underground injection well subject to the requirements for Class VI carbon sequestration injection wells, including the requirements in 35 Ill. Adm. Code 704 and 730, are not a hazardous waste, if the following conditions are met:

 

1)         Transporting the carbon dioxide stream must comply with U.S. Department of Transportation requirements, including the pipeline safety laws (chapter 601 of subtitle VIII of 49 USC, incorporated by reference in 35 Ill. Adm. Code 720.111) and regulations (49 CFR 190 through 199, incorporated by reference in 35 Ill. Adm. Code 720.111) of the U.S. Department of Transportation, and pipeline safety regulations adopted and administered by a state authority under a certification under 49 USC 60105, incorporated by reference in 35 Ill. Adm. Code 720.111, and 49 CFR 171 through 180, incorporated by reference in 35 Ill. Adm. Code 720.111, as applicable;

 

BOARD NOTE:  The parenthetical language relating to pipeline transportation does not preclude transportation by air, water, highway, or rail that complies with U.S. Department of Transportation regulations at 49 CFR 171 through 180.  For this reason, the Board has added citations of those regulations.

 

2)         Injecting the carbon dioxide stream must comply with the applicable requirements for Class VI carbon sequestration injection wells, including the applicable requirements in 35 Ill. Adm. Code 704 and 730;

 

3)         No hazardous wastes may be mixed with, or otherwise co-injected with, the carbon dioxide stream; and

 

4)         Required Certifications

 

A)        Any generator of a carbon dioxide stream, that claims that a carbon dioxide stream is excluded under this subsection (h), must have an authorized representative (as defined in 35 Ill. Adm. Code 720.110) sign a certification statement worded as follows:

 

"I certify under penalty of law that the carbon dioxide stream that I am claiming to be excluded under 35 Ill. Adm. Code 721.104(h) has not been mixed with hazardous wastes, and I have transported the carbon dioxide stream complying with (or have contracted with a pipeline operator or transporter to transport the carbon dioxide stream complying with) U.S. Department of Transportation requirements, including the pipeline safety laws (49 USC 60101 et seq.) and regulations (49 CFR Parts 190 through 199) of the U.S. Department of Transportation, and the pipeline safety regulations adopted and administered by a state authority pursuant to a certification under 49 USC 60105, as applicable, for injection into a well subject to the requirements for the Class VI Underground Injection Control Program of the federal Safe Drinking Water Act (42 USC 300f et seq.)."

 

B)        Any Class VI carbon sequestration injection well owner or operator, who claims that a carbon dioxide stream is excluded under this subsection (h), must have an authorized representative (as defined in 35 Ill. Adm. Code 720.110) sign a certification statement worded as follows:

 

"I certify under penalty of law that the carbon dioxide stream that I am claiming to be excluded under 35 Ill. Adm. Code 721.104(h) has not been mixed with, or otherwise co-injected with, hazardous waste at the UIC Class VI permitted facility, and that injecting the carbon dioxide stream complies with the applicable requirements for UIC Class VI wells, including the applicable requirements in 35 Ill. Adm. Code 704 and 730."

 

C)        The signed certification statement must be kept on-site, for no less than three years, and must be made available within 72 hours after a written request from the Agency or USEPA, or their designee.  The signed certification statement must be renewed every year that the exclusion is claimed, by having an authorized representative (as defined in 35 Ill. Adm. Code 720.110) annually prepare and sign a new copy of the certification statement within one year after the date of the previous statement.  The signed certification statement must also be readily accessible on the facility's publicly available website (if such website exists) as a public notification with the title of "Carbon Dioxide Stream Certification" at the time the exclusion is claimed.

 

i)          This subsection corresponds with 40 CFR 261.4(i), which USEPA marked "Reserved".  This statement maintains structural consistency with the federal regulation.

 

j)          Airbag Waste

 

1)         At the airbag waste handler or during transport to an airbag waste collection facility or designated facility, airbag waste is not subject to regulation under 35 Ill. Adm. Code 702, 703, and 722 through 728 and is not subject to the notification requirements of section 3010 of RCRA provided that the airbag waste handler or transporter meets the following conditions:

 

A)        The airbag waste handler or transporter accumulates the airbag waste in a quantity of no more than 250 airbag modules or airbag inflators for no longer than 180 days;

 

B)        The airbag waste handler or transporter packages the airbag waste in a container designed to address the risk posed by the airbag waste and labeled "Airbag Waste – Do Not Reuse";

 

C)        The airbag waste handler or transporter sends the airbag waste directly to either of the following facilities:

 

i)          An airbag waste collection facility in the United States that is under the control of a vehicle manufacturer or its authorized representative or that is under the control of a person authorized to administer a remedy program in response to a vehicle safety recall under 49 USC 30120; or

 

ii)         A designated facility, as defined in 35 Ill. Adm. Code 720.110;

 

D)        The transport of the airbag waste complies with all applicable USDOT regulations in 49 CFR 171 through 180 during transit; and

 

E)        The airbag waste handler maintains at the handler facility, for at least three years, records of each off-site shipment of airbag waste and each confirmation of receipt from the receiving facility.  For each shipment, these records must, at a minimum, contain the name of the transporter, the date of the shipment, the name and address of the receiving facility, and the type and quantity of airbag waste (i.e., airbag modules or airbag inflators) in the shipment.  A confirmation of receipt must include the name and address of the receiving facility, the type and quantity of the airbag waste (i.e., airbag modules and airbag inflators) received, and the date when the airbag waste collection facility received the airbag waste.  The airbag waste handler must make shipping records and confirmations of receipt available for inspection and may meet this requirement using routine business records (e.g., electronic or paper financial records, bills of lading, copies of USDOT shipping papers, electronic confirmations of receipt, etc.).

 

2)         Once the airbag waste arrives at an airbag waste collection facility or designated facility, it becomes subject to all applicable hazardous waste regulations.  The facility receiving airbag waste is considered the hazardous waste generator for the hazardous waste regulations and must comply with 35 Ill. Adm. Code 722.

 

3)         Reuse in vehicles of defective airbag modules or defective airbag inflators that are subject to a recall under 49 USC 30120 is considered sham recycling and prohibited under 35 Ill. Adm. Code 721.102(g).

 

BOARD NOTE:  This precludes any possibility that reuse qualifies for recycling-based exclusion from the definition of solid waste.  Federal law prohibits selling defective recalled motor vehicle equipment if it may reasonably be used for its original purpose.  (See 42 USC 30120(j).)

 

(Source:  Amended at 48 Ill. Reg. 16813, effective November 7, 2024)