TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.100 PURPOSE, SCOPE AND APPLICABILITY
Section 808.100 Purpose,
Scope and Applicability
a) This Part provides a means by which persons may obtain a
classification or declassification of special (non-Resources Conservation and
Recovery Act (RCRA) (42 U.S.C. 6901 et seq.) waste as defined in Section
808.110, based on the degree of hazard of the waste or other characteristics,
to assure that the waste receives appropriate handling. This Part does not
apply to materials which are not special wastes as defined by the Act.
b) This Part allows any person generating such special waste to
request waste classification and prescribes procedures by which applicants may
supply detailed information in order to establish the appropriate waste
classification. For the purposes of this Part, the term
"classification" includes declassification. Waste which has been
declassified shall not be deemed special waste until further action to the
contrary by the Agency pursuant to this Part.
c) Special wastes that are declassified pursuant to this Part are
not subject to any of the special waste hauling, disposal and reporting
requirements of 35 Ill. Adm. Code 809, but are still subject to other Parts of
35 Ill. Adm. Code: Subtitle G which govern the transport, treatment, storage
and hauling of non-special wastes.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.101 TRANSITIONAL RULE
Section 808.101 Transitional
Rule
Wastestreams which have been
declassified by the Agency pursuant to Section 22.9(c) of the Act prior to the
effective date of these rules shall remain declassified for a period of not
more than two years following the effective date of these rules, unless extended
by the Board in a variance proceeding. In order to accommodate its workload,
the Agency may, by giving not less than 180 days' prior written notice, require
generators to make reapplication by a date certain within this two year time
period. The Agency may extend this reapplication deadline for a period of not
more than an additional 180 days, but in no event may the Agency extend the
deadline to a date more than two years following the effective date of this
Part. Upon application before the deadline, such wastestreams shall remain
declassified during the pendency of any Agency determination or any appeal to
the Board of such determination made pursuant to Section 22.9(e) of the Act.
As provided in Section 808.241, all special (non-RCRA) wastes shall be deemed
Class A special wastes unless a contrary determination has been made pursuant
to this Part.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.110 DEFINITIONS
Section 808.110 Definitions
"Act" means the Environmental Protection Act [415
ILCS 5].
"Agency" means the Illinois Environmental
Protection Agency.
"Btu"
or "British thermal unit" means the quantity of heat required to
raise the temperature of one pound of water one degree Fahrenheit.
"Board" means the Illinois Pollution Control Board.
"Carcinogen" means a chemical, or complex mixture
of closely related chemicals, which has been determined in accordance with
USEPA Guidelines for Carcinogenic Risk Assessment, incorporated by reference at
Section 808.111, to have either sufficient or limited human evidence or
sufficient animal evidence supporting a causal association between exposure to
the chemical and an increase in incidence of benign or malignant neoplasms or
substantial decrease in the latancy period between exposure and onset of
neoplasms.
"Declassified waste" means a waste which has been
determined pursuant to Section 808.245 to not be a special waste.
"Degree of hazard" is determined pursuant to
Section 808.245.
"Hazardous waste" or "RCRA hazardous
waste" is as defined in 35 Ill. Adm. Code 721.
"LC50" means that concentration of a
substance administered to test organisms that is lethal to 50 percent of a
population of exposed organisms in a given time period. "Inhalation
rat" means that the substance is administered by inhalation and the test
organisms are laboratory rats. "Aquatic toxicity" means that the
substance is administered in water to specified free-swimming test organisms.
"LD50" means that dose of a substance
administered to test organisms that is lethal to 50 percent of a population of
exposed organisms in a given time period. "LD50-oral rat"
or "oral rat" means that dose of a substance, administered orally,
that is lethal to 50 percent of a population of exposed rats in a given time
period.
"Mutagen" means a chemical, or complex mixture of
closely related chemicals or ionizing radiation which has been determined, in
accordance with USEPA Guidelines for Mutagenic Risk Assessment, incorporated by
reference at Section 808.111, to have sufficient evidence supporting a causal
association between exposure to the chemical and point mutations (i.e., submicroscopic
changes in the base sequence of DNA) or structural or numerical chromosome
aberrations. Structural aberrations include deficiencies, duplications,
insertions, inversions, and translocations, whereas numerical aberrations are
gains or losses of whole chromosomes (e.g., trisomy, monosomy) or sets of
chromosomes (haploidy, polyploidy).
"Special handling waste" is a declassified waste
which, due to its form and mode of containment in transport or storage,
presents a danger to a person handling the waste such that the person needs
information about the waste to safely transport or store the waste.
"Special handling waste" includes any such waste which would pose a
danger if handled in a manner similar to household waste. "Dangers"
include, but are not limited to, the following: fire, explosion, and emission
of toxic or carcinogenic gas or dust. "Special handling waste" also
includes any special waste which, because of appearance or packaging, resembles
waste which would be a special handling waste. Such waste includes, but is not
limited to, any special waste contained in a sealed drum. Irrespective of its
degree of hazard ranking under Section 808.245, a special handling waste is a
special waste.
BOARD NOTE: Section 808.245(d) provides that special
handling waste which would otherwise be declassified is at least a Type B
special waste.
"Special (non-RCRA) waste" is any special waste
that is not hazardous waste as defined in this Section.
"Special waste" means any hazardous waste, and
any industrial process waste or pollution control waste which has not been
declassified pursuant to Section 808.245. (Section 3.45 of the Act.)
BOARD NOTE:
The definition of "hazardous waste" at Section 3.15 of the Act
differs from the definition of the same term as used in this Part. The Board
intends that the Section 3.15 definition apply to this Part only for the
purposes of this definition of special waste. The Board intends that the
definition given in this Section apply to all other appearances for the term
"hazardous waste" throughout this Part.
"TC50" means that dose of a substance
administered to test organisms that produces toxic effects in 50 percent of a
population of exposed organisms in a given time period. "TD50-oral
rat" means that the test organisms are laboratory rats.
"Washwater", as used in this Subpart, means a mixture of water,
nonhazardous cleaning compounds, and residue that results from cleaning surfaces
and equipment and that is collected separately from sewage.
"Wastewater",
as used in this Subpart, means stormwater, surface water, groundwater or
nonhazardous washwater that has been contaminated with used oil but has not
been mixed with sewage, industrial waste or any other waste.
(Source: Amended at 34 Ill.
Reg. 17390, effective October 29, 2010)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.111 INCORPORATIONS BY REFERENCE
Section 808.111
Incorporations by Reference
a) The Board incorporates the following materials by reference:
ANSI. Available from the American National Standards
Institute, 1430 Broadway, New York, New York 10018, (212) 354-3300:
ANSI/ASQC C1-1985, "Specification of General
Requirements for a Quality Program", approved November, 1985.
ANSI/ASQC S1-1987, "An Attribute Skip-Lot Sampling
Program", approved March 6, 1987.
ANSI/ASQC Q94-1987, "Quality Management and Quality
System Elements – Guidelines", Approved June 15, 1987.
ANSI/ASQC Z1.4-1981, "Sampling Procedures and Tables for
Inspection by Attributes", Approved 1981.
ANSI/ASQC Z1.9-1980, "Sampling Procedures and Tables for
Inspection by Variables for Percent Nonconforming", Approved March 6,
1980.
ASTM. Available from American Society for Testing and
Materials, 1916 Race Street, Philadelphia, PA 19103, (215) 299-5400:
ASTM Standard D 3828-87 "Standard Test Methods for Flash
Point of Liquids by Setaflash Closed Tester", approved December 14, 1987.
ASTM Standard D-93-79 or D-93-80 "ASTM Standard Test
Methods for Flash Point Pensky-Martens Closed Tester," approved August 19,
1980.
ASTM Standard E 896-87 "Standard Test Method for
Conducting Aqueous Direct Photolysis Tests", approved September 25, 1987.
ASTM Standard E 1147-87 "Standard Test Method for
Partition Coefficient (n-Octanol/Water) Estimation by Liquid
Chromatography", approved February 27, 1987.
ASTM Standard E 1148-87 "Standard Test Method for
Measurements of Aqueous Solubility", approved April 3, 1987
NTIS. Available from the National Technical Information
Service, 5285 Port Royal Road, Springfield, VA 22161, (703) 487-4600:
"Methods for Chemical Analysis of Water and
Wastes", Third Edition, March, 1983. (Document number PB 84-128677)
"Test Methods for Evaluating Solid Waste",
Physical/Chemical Methods," EPA Publication number SW-846 United States
Environmental Protection Agency (Third Edition, November, 1986).
Federal Register. Available from the Superintendent of Documents,
United States Printing Office, Washington, DC 20402:
USEPA Guidelines for Carcinogenic Risk Assessment, 51 Fed.
Reg. 33992-34003 (September 21, 1986).
b) This Section incorporates no future amendments or editions.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.121 GENERATOR OBLIGATIONS
Section 808.121 Generator
Obligations
a) Each person who generates waste shall determine whether the
waste is a special waste.
BOARD NOTE: 35 Ill. Adm. Code 722 requires the person to
also determine if the waste is a hazardous waste.
b) No person shall deliver special waste to a transporter unless
the waste is accompanied by a manifest as specified in Section 808.122, and the
transporter has a special waste hauling permit issued pursuant to 35 Ill. Adm.
Code 809. The following are exceptions to this prohibition:
1) The person is subject to the small quantity generator
exemption of Section 808.123.
2) The transporter and waste are subject to a transporter
exemption under 35 Ill. Adm. Code 809.211.
3) The Agency has determined pursuant to this Part that the waste
is not a special waste.
4) The waste consists of municipal water or wastewater treatment
plant sludge regulated under a sludge management plan approved by the Agency
pursuant to 35 Ill. Adm. Code 309.208.
5) The
generator is not required to complete a manifest for used oil that is defined
by and managed in accordance with 35 Ill. Adm. Code 739.
6) The
generator is not required to complete a manifest for the following used oil
mixtures, provided that the generator complies with the informational
requirements of 35 Ill. Adm. Code 739.146(a) and 35 Ill. Adm. Code 809.501(b):
A) Mixtures
of used oil as defined by and managed in accordance with 35 Ill. Adm. Code 739
and hazardous waste, both generated and mixed by a conditionally exempt small
quantity generator of hazardous waste, provided that the mixture contains more
than 50 percent used oil by either volume or weight;
B) Mixtures
of used oil as defined by and managed in accordance with 35 Ill. Adm. Code 739
and characteristic hazardous waste, with a Btu per pound content greater than
5,000 prior to being mixed with the used oil, when:
i) the
characteristic has been extinguished in the resultant mixture;
ii) both
the used oil and the characteristic hazardous waste have been generated and
mixed by the same generator; and
iii) the
mixture contains more than 50 percent used oil by either volume or weight;
C) Mixtures
of used oil as defined by and managed in accordance with 35 Ill. Adm. Code 739
and fuel or other fuel products; and
D) Used
oil as defined by and managed in accordance with 35 Ill. Adm. Code 739
contaminated by or mixed with nonhazardous wastewater, when the used oil and
the nonhazardous wastewater are generated by the same generator, and when the
mixture results from use or unintentional contamination.
c) No person shall cause, threaten or allow the treatment, storage
or disposal of special waste in Illinois except:
1) At a facility permitted or otherwise authorized to manage the
special waste pursuant to 35 Ill. Adm. Code 703 or 807; or
2) At a facility owned and operated by such person and subject to
the on-site disposal exemption of Section 21(d) of the Act.
d) No person shall deliver special waste to a transporter or a
permitted facility without a supplemental wastestream permit.
e) No person shall deliver to a transporter or permitted facility
special waste with a wastestream identification number unless the waste
conforms with the wastestream description in the wastestream classification
determination.
(Source: Amended at 34 Ill.
Reg. 3310, effective February 25, 2010)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.122 MANIFESTS
Section 808.122 Manifests
Except as otherwise provided by
Section 808.121(b), the generator of any special waste shall prepare a
manifest, as prescribed by 35 Ill. Adm. Code 809.501, prior to shipment.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.123 SMALL QUANTITY GENERATORS
Section 808.123 Small
Quantity Generators
Any person who generates a total
quantity of special waste of 100 kilograms (220 pounds) or less in a calendar
month is not required to initiate a manifest when delivering such special waste
to a hauler, provided that such waste shall not be accumulated for more than
180 days prior to shipment. In any action to enforce the requirements of this
Part in which the generator asserts the applicability of this Section, the
burden of proof shall be on the generator to establish compliance with the
monthly quantity limitation and the time limit on accumulation. The generator
shall record and maintain the quantities and dates of waste generation and
accumulation to establish compliance with such quantity and time limitations.
SUBPART B: CLASSES OF SPECIAL WASTE
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.240 SPECIAL WASTE CLASSES
Section 808.240 Special
Waste Classes
a) This Subpart contains rules for the classification and
declassification of special (non-RCRA) wastes. There are two classes of such
special wastes, "Class A" and "Class B." Wastes which are
declassified pursuant to Section 808.245 of this Part shall no longer be
considered special wastes.
b) "Class A" special wastes are those special
(non-RCRA) wastes which the Agency has not determined, pursuant to this Part,
to be a Class B special waste. "Class B" special wastes are those
special (non-RCRA) wastes which the Agency determines, pursuant to Section
808.245, pose a low or moderate degree of hazard to the environment or the
public health in the course of their transportation, storage, treatment or
disposal.
c) This Subpart should be read in conjunction with the flowchart
in Appendix A. The flowchart is employed by answering the queries in order,
beginning from the top, and following the lines corresponding to the
appropriate responses down the chart until the waste is classified. The
Sections of this Subpart are so arranged on that flowchart that the first
Section on the chart which assigns a waste classification to the waste
controls.
d) Subpart D contains procedures by which a person may request
that the Agency assign a special wastestream to a class.
e) Subpart H contains waste classifications based on source or
characteristics to which specific wastestreams have been assigned.
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SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.241 DEFAULT CLASSIFICATION OF SPECIAL WASTES
Section 808.241 Default
Classification of Special Wastes
Any special (non-RCRA) waste is
a Class A special waste unless and until the Agency determines otherwise
pursuant to this Part.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.242 SPECIAL HANDLING WASTE
Section 808.242 Special
Handling Waste
The Agency may determine that a
waste which is declassifiable pursuant to Section 808.245(d) is a special
handling waste. Any such waste shall be so identified by the Agency, together
with appropriate conditions on its form and mode of containment in transport or
storage. A declassifiable waste which is determined to be a special handling
waste is a Class B special waste.
BOARD NOTE: This rule sets the
special handling flag. A special handling waste will require manifesting,
regardless of the toxic score under Section 808.245, to protect the waste
hauler, the treatment or disposal operator and their employees.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.243 WASTES CATEGORIZED BY SOURCE
Section 808.243 Wastes
Categorized by Source
a) Subpart H defines certain categories of wastes, based on the
type of source or generator, and assigns them to classes.
b) A waste which meets the criteria for inclusion within a
category based on the type of source or generator, is a special waste the of
class specified for that category.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.244 WASTES CATEGORIZED BY CHARACTERISTICS
Section 808.244 Wastes
Categorized by Characteristics
a) Subpart H defines certain categories of waste based on their
characteristics, and assigns them to classes.
b) A waste which meets the criteria for inclusion within a
category based on its characteristics is a special waste of the class specified
for that category.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.245 CLASSIFICATION OF WASTES
Section 808.245
Classification of Wastes
Special wastes which are subject
to this Subpart shall be classified or declassified based on toxic score as
follows:
a) Compute the toxic score for the wastestream pursuant to
Appendix B or, where applicable, pursuant to Section 808.431, utilizing a data
base which meets the standards of Section 808.302. However, if use of Appendix
B or Section 808.431 is demonstrated to the Agency to be inapplicable or
unavailable for the wastestream, the generator may employ a bioassay procedure
approved by the Agency pursuant to Section 808.302, solely for the purpose of
determining if the waste in its undiluted form results in no behavioral
response from the exposed test organisms and, thus, warrants a toxic score of 0
(zero). Where applicable, the toxic score shall include the maximum volume of
waste to which such score applies.
b) Except as authorized under subsection (e), a wastestream
receiving a toxic score of 3 shall be deemed a Class A special waste.
c) Except as authorized under subsection (e), a wastestream
receiving a toxic score of 1 or 2 shall be deemed a Class B special waste;
however, such waste shall be deemed a Class A special waste if the Agency
determines that it exhibits one or more of the following characteristics:
1) The physical form of the waste renders it difficult to manage
in transport, storage or handling prior to final disposition, or in a landfill
(Examples of wastes possessing such form are wastes containing free liquids,
and wastes in finely divided form which are susceptible to airborne
dispersal.);
2) The chemical properties of the waste, if exposed to the
atmosphere or to an aqueous environment, render it difficult to manage in the
event of a leak, spill or other loss of containment during transport, storage
or handling prior to final disposition, or in a landfill (Examples of wastes
possessing such properties are wastes which produce noxious or toxic fumes or
gases in sufficient concentration and quantity to pose a threat to the public
health or the environment, wastes which are ignitable or flammable, wastes
which are readily soluble in water, and wastes which are highly moble in an
aqueous environment, including in groundwater.); or
3) The unstable nature of the waste renders it difficult to
contain during transport, storage or handling prior to final disposition, or in
a landfill (Examples of wastes possessing such an unstable nature are wastes
which are corrosive or reactive, and any other wastes which, under foreseeable
conditions, may cause the premature failure of waste containment devices and
structures.).
d) A wastestream receiving a toxic score of 0 shall be
declassified, except that such a waste that is determined by the Agency to be a
special handling waste shall be deemed a Class B special waste
e) Notwithstanding a wastestream's toxic score, the Agency may
condition a lowered classification or a declassification of a special waste
under this Section. Such conditions imposed by the Agency shall be limited to
measures by which the generator shall, by particular modes or forms of
containment or treatment, assure that the dangerous characterictics of the
wastes are avoided or reduced. (Examples of such measures are neutralization of
acidic wastes prior to shipment, containment or encapsulation of finely divided
wastes, and treatment of ignitable wastes so as to preclude ignition.)
However, under no circumstances shall a wastestream with a toxic score of 3 be
declassified based solely upon its mode of containment.
f) All conditions or limitations imposed by the Agency that
relate to the toxic score (including, where applicable, maximum wastestream
volume) and classification or disclassification of a wastestream shall be
specified in the Agency's determination.
SUBPART C: CRITERIA AND DATA REQUIREMENTS
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SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.300 INTRODUCTION
Section 808.300 Introduction
This Subpart governs criteria
and data requirements which shall be used to predict the degree of hazard
pursuant to Section 808.245.
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SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.301 DEGREE OF HAZARD DETERMINATION BY COMPUTER
Section 808.301 Degree of
Hazard Determination by Computer
a) The Agency may employ electronic data processing equipment and
programs to accomplish the purposes of this Subpart. Any such program must
assign a degree of hazard according to the method specified in Section 808.245.
b) The output generated by use of such equipment or such a
program must display all data used in each degree of hazard prediction,
together with the source of the data.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.302 DATA BASE AND BIOASSAY PROCEDURES
Section 808.302 Data Base
and Bioassay Procedures
a) This Section governs the data base and bioassay procedures
which may be employed to assess the physical, chemical and toxicological
properties of waste constituents.
b) The data base, and any bioassay procedure utilized pursuant to
Section 808.245(a), shall consist of and use data and procedures which the
Agency determines are a reliable basis for decision. Reliability of a source
of data and procedures shall be assessed by reference to such factors as, but
not limited to, scientific validity; consistency with directly observable data,
including monitoring data; and the consistency of results of repeated
applications of the data, procedures and formulae. Sources of data may
include, but are not limited to, the following:
1) Standard reference sources;
2) Material published or incorporated by reference by a federal
regulation or by a regulation adopted by an agency of the State of Illinois;
3) The application under consideration and written communications
between the applicant and the Agency or their representatives with respect to
the application;
4) Data and procedures previously used by the Agency in other
wastestream categorization determinations; or
5) Agency inspection, permitting and enforcement files relating
to the generator or the wastestream, excluding complaint forms (except where
the complainant will be available voluntarily for deposition and examination
under oath at any hearing on appeal pursuant to Subpart G).
c) The Agency shall make available for inspection and copying by
the public a list of the sources of data and bioassay procedures which it has
previously utilized for purposes of this Section, excluding any data described
in subsection (b)(3) of this Section that is protected from public disclosure
pursuant to Sections 7 or 7.1 of the Act or pursuant to 35 Ill. Adm. Code 101
or 120.
SUBPART D: REQUEST FOR WASTE CLASSIFICATION
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SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.400 INTRODUCTION
Section 808.400 Introduction
a) This Subpart specifies the procedures which shall be used to
obtain a waste classification from the Agency.
b) A waste classification may be requested by generators of
special waste, as specified in Subpart A.
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SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.401 APPLICATION FORMS
Section 808.401 Application
Forms
Persons applying for a waste
classification shall use application forms provided or approved by the Agency.
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SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.402 APPLICATION FOR WASTE CLASSIFICATION
Section 808.402 Application
for Waste Classification
An application for waste
classification shall, at a minimum, include thefollowing information:
a) Basic information:
1) The name, address and phone number of the original generator;
2) The original generator's United States Environmental
Protection Agency (USEPA) identification number (35 Ill. Adm. Code 722.122) and
the Agency identification number, if the original generator has obtained
either;
3) The name and address of any treater of the waste;
4) Any treater's USEPA identification number and Agency site
number, if the treater has obtained either;
5) Whether any treater has a RCRA permit or interim status;
6) A chemical and physical analysis of the waste as specified in
Section 808.410;
7) A wastestream description, as specified in Section 808.413;
8) A quality assurance plan, as specified in Section 808.420;
9) A description of any current waste storage, treatment and
disposal processes applicable to the wastestream;
10) Identification of the disposal site or sites to which the
applicant proposes to send the waste, and the proposed modes of transportation;
BOARD NOTE: This information is requested to assist the
Agency in reviewing the application. These rules do not preclude use of a
disposal site which is not identified in the application for classification;
and
11) Wastestream number of any supplemental wastestream permit
issued for the waste pursuant to 35 Ill. Adm. Code 807.210, and the expiration
date of any such permit.
b) The rationale for requesting classification, including all
relevant calculations and other bases for conclusions; (If Appendix B of this
Part has not been utilized for purposes of calculating the toxic score, such
rationale shall indicate the reasons for using an alternative means of
determining the toxic score, including an explanation of whether the
alternative means chosen is equivalent to Appendix B.)
c) Data establishing that the waste is not a hazardous waste
pursuant to 35 Ill. Adm. Code 721;
BOARD NOTE: Wastestream categorization is not applicable to
RCRA hazardous wastes. If the generator anticipates that this will be an
issue, the generator should include documentation supporting the claim that the
waste is not a hazardous waste pursuant to 35 Ill. Adm. Code 721.
d) Data bearing on whether the waste is a special handling waste,
including the physical form of the waste and the mode of containment, if any,
during transport;
e) Whether the waste can be categorized by source, pursuant to
Section 808.243, or by characteristic, pursuant to Section 808.244;
f) Sufficient physical, chemical and toxicological data to assign
a degree of hazard pursuant to Section 808.430;
g) If necessary, results of toxicological testing, as specified
in Section 808.431;
h) Such additional information as the generator believes is
appropriate to show that the waste should be classified as the generator
requests; and
i) Such additional information as the Agency determines is
necessary to assign the waste to a class. The Agency may specify additional
information by a request directed to the individual applicant.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.410 PHYSICAL AND CHEMICAL ANALYSIS
Section 808.410 Physical and
Chemical Analysis
Physical and chemical analyses
of wastes for purposes of this Subpart shall be conducted as follows:
a) Samples must be representative of the wastestream and shall:
1) Include all waste phases.
2) Be taken from areas distributed spatially within the waste
bulk; and
3) Be taken at suitable time intervals and over a sufficient
period of time to account for variation in the wastestream through work shifts,
seasons, etc.
b) The following properties shall be determined and reported:
1) The physical description of the wastestream, including, but
not limited to, its temperature, color, phase and flow rate;
2) The pH of aqueous phases of the waste, or the pH of a 1:1 volume
dilution of solid phases of the waste with distilled and buffered water;
3) Flashpoint of liquid phases by the Pennsky-Martens Closed Cup
test method, specified in ASTM Standard D-93-79 or D-93-80, incorporated by
reference at Section 808.111, or by a Setaflash Closed Cup tester, using the
test method specified in ASTM standard D-3828-78, incorporated by reference at
Section 808.111;
4) Results of an EP toxicity test, as specified in 35 Ill. Adm.
Code 721.124; and
5) Density.
c) The waste shall be analyzed for its constituents as follows;
1) The analysis must include all materials introduced into a
process generating the wastestream, and all materials which come into contact
with products and materials produced by the process or in storage, including
end products and impurities;
2) The analysis must include all constituents which will react
with each other under the process conditions;
3) If available, the analysis must use the Chemical Abstracts
Service (CAS) name and number for each constituent, or a name from the list of
common names pursuant to Section 808.412. Otherwise, if the CAS name and
number and such a common name is not available for the constituent, the person
requesting classification may provide a name and complete description of the
constituent;
4) The analysis shall include a list of major constituents and
concentrations which accounts for at least 99 percent of the mass of the waste.
The list may include an entry for "other" or "unknown" if
significant trace constituents have been identified as provided in subsection
(c)(5). The analysis shall list major constituents of the waste rounded to the
nearest tenth of a percent, and shall be supported by a mass balance;
5) Significant trace constituents. The generator shall include a
list and the concentration of all significant trace constituents, as defined in
Section 808.411; and
6) The analysis shall identify all such major constituents and
significant trace constituents listed in 35 Ill. Adm. Code 721.Appendix H.
d) The analysis must report the average concentration or mass
percentage and the expected range of each major constituent and significant
trace constituent. The expected range is the 95 percent confidence intervals
for each set of analyses for the constituent. The error analysis must take
into account the following:
1) Temporal variation in the wastestream properties;
2) Uncertainties arising from sampling the waste; and
3) Uncertainties arising from the method of analysis.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.411 SIGNIFICANT TRACE CONSTITUENTS
Section 808.411 Significant
Trace Constituents
A significant trace constituent
is a constituent revealed by analysis:
a) Which is present at a mass concentration of less than 1
percent; and
b) Which has a toxicity, BiTi, as determined in Appendix B, of
less than 500 mg/1.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.412 COMMON NAMES
Section 808.412 Common Names
The Agency shall utilize common
names, together with a description of each, for constituents not amenable to
chemical nomenclature.
BOARD NOTE: The purpose of this
provision is to promote greater consistency in the naming of constituents. The
Agency may use this mechanism to assign common names to constituents. Such
names include: Sand, water, wood, foodstuff, etc. In addition, this mechanism
can be used to assign a name and toxicological properties to complex mixtures
after these have been determined for a wastestream or a type of
waste-generating process.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.413 WASTESTREAM DESCRIPTION
Section 808.413 Wastestream
Description
a) The wastestream description must include the following:
1) The name of the generator, if other than the original
generator, identified in the application for waste classification pursuant to
Section 808.402(a)(1);
2) The name of the wastestream, as assigned by the Agency
pursuant to Section 808.412, or as assigned by the generator, if no name has
been assigned by the Agency;
3) A general description of the activity, production process or
treatment process which gives rise to the waste;
4) A general description of the physical and chemical properties
of the wastestream, including its anticipated annual volume.
BOARD NOTE: This description may be summary and narrative;
detailed description of physical and chemical properties of the wastestream is
governed by Section 808.410.
b) The wastestream description may include a description of a
range of physical and chemical properties of the wastestream, based on physical
and chemical analysis pursuant to Section 808.410, that are associated with
periodic, occasional or anticipated changes in the process which produces the
waste (e.g., changes in materials used as coatings, bonding agents or
solvents).
BOARD NOTE: The wastestream description differs from the
waste analysis required pursuant to Section 808.410. The wastestream
description should describe the waste which the applicant wishes to have
classified, which may not be exactly what the applicant presently produces.
The waste which is subjected to analysis must fit within the wastestream
description, but need not be identical to all variations of it. To avoid
having to necessarily repeat the waste classification process, the applicant
should request classification of a broadly-defined and characterized
wastestream, so as to cover any periodic, occasional or anticipated
modification to the waste properties. However, this will tend to increase the
degree of hazard ranking of the wastestream.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.420 QUALITY ASSURANCE PLAN
Section 808.420 Quality
Assurance Plan
A quality assurance plan shall
detail steps which the generator will take to ensure that the waste conforms
with the wastestream description.
a) The plan must include employee orientation measures, such as
the following:
1) Assignment of responsibility for assuring compliance;
2) Employee training;
3) Work rules;
4) Posting of signs; and
5) Positioning of waste receptacles.
b) The plan must include periodic and random inspection, sampling
and analysis of the wastestream to ensure that it conforms with the wastestream
description. The plan must be designed so that there is at least a 95 percent
probability that loads meet the wastestream description. The plan may specify
measures to be taken to account for variables in the properties by the wastestream,
so as to prevent false negatives.
BOARD NOTE: The applicant should use statistical quality
control to devise a plan with an inspection schedule which meets the above
standard based on the properties and variability of the wastestream.
c) The plan may provide for inspection, sampling and analysis by
the permitted facility which receives the waste. If so, the plan must include
a written agreement by the receiving facility that explicitly details what
actions the receiving facility will undertake to fulfill the requirements of
this Section.
BOARD NOTE: The permitted facility is required by permit and
35 Ill. Adm. Code 811 to inspect, sample and analyze the wastes it receives.
This is distinct from similar activities undertaken by contract on behalf of
the generator pursuant to this Section.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.430 DEGREE OF HAZARD DATA
Section 808.430 Degree of
Hazard Data
a) The applicant shall submit its degree of hazard prediction,
including the estimated toxic score and the information or data used to
calculate the prediction, with the application.
BOARD NOTE: The applicant may include the results of a
degree of hazard prediction performed by a computer program.
b) The Agency may request additional data, if necessary to assign
the waste to a class and the application contains inadequate information to
determine the degree of hazard of the waste.
BOARD NOTE: If the Agency requests data, the request may
include a computer-generated result of an attempt to perform the degree of
hazard prediction, together with a specific request for needed data.
c) Degree of hazard data shall include sufficient information to
classify the waste pursuant to Section 808.245. In addition to the information
normally obtained by the physical and chemical analysis required by Section
808.410, the degree of hazard data shall include, but not be limited to, the
following with respect to each constituent:
1) Toxicity;
2) n-Octanol/water partition coefficient;
3) Persistence, measured as the half-life in days; and
4) Solubility in water, in parts per million on a weight basis.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.431 TOXICOLOGICAL TESTING
Section 808.431
Toxicological Testing
a) Except as otherwise authorized by Section 808.245(a), the
Agency shall request that the applicant perform toxicological testing of
components or of the waste pursuant to Appendix B of this Part, if a toxic
score determination is necessary to assign the waste to a class and there is
inadequate information in the Agency's data base to determine the toxic score.
b) The applicant shall elect to include the results of
toxicological testing of either the components of the waste or the waste
itself.
c) Testing required under subsection (a) shall be to determine an
LD50-oral rat. The Agency shall approve alternative toxicological
testing if the applicant demonstrates that an LD50-oral rat cannot
be measured or is otherwise inappropriate. The applicant shall document the
relation of the alternative test to an LD50-oral rat.
SUBPART E: REVIEW OF CLASSIFICATION REQUESTS
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.501 ORDER OF REQUESTING INFORMATION
Section 808.501 Order of
Requesting Information
a) If possible, the Agency shall categorize the wastestream
without requesting or using degree of hazard data pursuant to Section 808.430.
However, nothing herein shall preclude the Agency from requesting or using
degree of hazard data to confirm the characteristics of the waste.
BOARD NOTE: For example, if the waste is a categorical
waste, it should be assigned to the type for that category without resort to
degree of hazard data.
b) If, after requesting and receiving degree of hazard data
pursuant to Section 808.430, the Agency still cannot determine the degree of
hazard, the Agency shall request toxicological testing pursuant to Section
808.431.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.502 COMPLETENESS
Section 808.502 Completeness
a) An incomplete application is one which, together with the
Agency's database, has insufficient information to classify the waste.
b) If the Agency determines that an application is incomplete, it
shall classify the waste as a Class A special waste, unless the Agency
determines, based on such information as is available, that the waste is a RCRA
hazardous waste pursuant to 35 Ill. Adm. Code 721.
SUBPART F: WASTESTREAM CLASSIFICATION DETERMINATIONS
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.520 TIME FOR AGENCY ACTION
Section 808.520 Time for
Agency Action
a) The Agency shall issue a wastestream classification
determination within 60 days after the date of receipt of complete application.
b) The applicant may waive the time for Agency action.
c) As provided in Section 22.9(e) of the Act, if the Agency
denies a request or fails to act within 60 days after receipt of the request,
the applicant may seek review before the Board pursuant to Section 40 of the
Act as if the Agency has denied an application for a permit.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.521 CONDITIONS OF WASTESTREAM CLASSIFICATION
Section 808.521 Conditions
of Wastestream Classification
The Agency shall include the
following conditions in each wastestream classification determination:
a) Wastestream description;
b) Wastestream identification number assigned to the specific
determination;
c) Classification of the special waste;
d) Limitations on the management of the waste consistent with
this Part, and 35 Ill. Adm. Code 809;
e) A quality assurance plan;
f) The expiration date, if any; and
g) Such additional conditions as the Agency determines are
necessary to assure that waste managed pursuant to the classification
determination is of the class specified.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.522 FINAL AGENCY ACTION
Section 808.522 Final Agency
Action
Final Agency action shall
consist of a final determination of a wastestream classification request. The
Agency takes final action on the date the wastestream classification
determination is mailed to the applicant.
SUBPART G: MODIFICATION, APPEAL AND ENFORCEMENT
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.541 REQUEST FOR MODIFICATION
Section 808.541 Request for
Modification
If the application is a request
for modification of a previous final wastestream determination, the applicant
shall continue to manage waste pursuant to the old determination until it
receives a final disposition of its request for a new determination.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.542 APPEAL
Section 808.542 Appeal
a) Within 35 days after the Agency's final action, the applicant
may appeal a wastestream classification determination to the Board. Appeals
under this Section shall be subject to the requirments of 35 Ill. Adm. Code
105.
b) The record before the Board consists of the data base which
was considered by the Agency at the time the Agency took final action. The
applicant may supplement the record before the Board only under one or more of
the following conditions:
1) If the applicant attempted to submit the information into the
data base before the Agency prior to filing its appeal to the Board; or
BOARD NOTE: This provision is intended to prevent the use of
appeals to challenge the validity of degree of hazard data through the
introduction of new information without the Agency having the opportunity to
reconsider its determination based on that new information.
2) If the data base filed by the Agency is not complete with
respect to materials identified in Section 808.302(b)(3).
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.543 EFFECT OF CLASSIFICATION
Section 808.543 Effect of
Classification
A wastestream classification
provides the generator with a determination necessary to obtain a wastestream
identification number or to modify a supplemental wastestream permit. A
wastestream identification number and a supplemental wastestream permit are necessary
for completion of manifests and reports required by this Part and 35 Ill. Adm.
Code 809 and 807. The wastestream classification authorizes the generator,
hauler and permitted facility to transport and manage waste meeting the
wastestream description in accordance with regulations governing the
transportation and management of special waste of the type provided in the
classification determination.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.544 ENFORCEMENT
Section 808.544 Enforcement
Any person may bring an action
pursuant to Title VIII of the Act and 35 Ill. Adm. Code 103 to seek enforcement
of the provisions of this Part. Penalties may be assessed upon a finding of
violation, as provided in Title XII of the Act. Sanctions may include
revocation of a wastestream classification determination.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.545 MODIFICATION
Section 808.545 Modification
a) A generator who has received a wastestream classification may
request modification at any time by filing a new application. The generator
shall file a new application whenever the waste it produces no longer meets
the wastestream description.
b) The Agency shall modify a wastestream classification whenever
necessary to reflect amendments, repeals or additions to the Act or 35 Ill.
Adm. Code: Chapter I. The Agency shall give the generator at least 30 days
prior written notice before it modifies a wastestream classification.
SUBPART H: CATEGORICAL AND CHARACTERISTIC WASTES
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.600 INTRODUCTION
Section 808.600 Introduction
a) This Subpart defines "categories of wastes" by the
type of source or generator producing the waste, by the process from which the
waste arises, or by name. This Subpart also defines "categories of
wastes," as "characteristics wastes," based on physical or
chemical properties.
b) Categorical and characteristic special (non-RCRA) wastes are
assigned to a category defined under this Subpart based on the similarity of
the physical, chemical or biological properties of the wastes to those
properties designated as representative of that category, regardless of the
degree of hazard of the individual wastes or wastestreams.
Section 808.APPENDIX A Assignment of Special Waste to Classes
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.APPENDIX A ASSIGNMENT OF SPECIAL WASTE TO CLASSES
Section 808.APPENDIX A
Assignment of Special Waste to Classes
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Request to Classify Waste (Section 808.402)
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Application Incomplete? (Section 808.502)
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No
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Yes
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Waste Categorized by Source? (Section 808.243)
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No
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Yes
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Assign to Class Based on
Source (Subpart H)
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Waste Categorized by Characteristics? (Section
808.244)
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No
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Yes
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Assign to Class Based on
Characteristic (Subpart H)
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Classify Waste According to Degree of Hazard
(by Toxic Score) (Section 808.245)
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0
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1 or 2
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3
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Declassifiable
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Special Handling Waste?
(Section 808.242)
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No
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Yes
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Declassified
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Class B
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Class A
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 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SECTION 808.APPENDIX B TOXICITY HAZARD
Section 808.APPENDIX B
Toxicity Hazard
This Appendix describes the
method by which a generator of special waste or the waste source shall
determine the toxic score for a waste.
a) The wastestream equivalent toxic concentration (Ceq) is
calculated as follows:
Ceq = A * SUM(Ci / Bi * Ti)
where:
1) SUM means the sum of the results of the calculation in
parentheses for each component of the wastestream;
2) Ci is the concentration of component i as a percent of the
waste by weight;
3) Ti is a measure of the toxicity of component i, as provided in
subsection (h);
4) A is a constant equal to 300; and
BOARD NOTE: A is a constant used to allow the entry of
percent values for Ci, and to adjust the results so that a reference material,
100 percent copper sulfate, with an oral toxicity of 300 mg/kg, achieves an
equivalent toxic concentration of 100.
5) Bi is a conversion factor used to convert the toxicity of
component i (Ti) to an equivalent oral toxicity. Bi is determined from
subsection (i).
b) The toxic amount (M) is calculated as follows:
M = S * Ceq
where:
1) S is the maximum size of a wastestream shipment in kg/month
(Such maximum size shall be specified as a condition of the wastestream
classification.); and
2) Ceq is the equivalent concentration from subsection (a).
c) The toxic score is calculated as follows:
1) If the toxic amount (M) is less than 100, the toxic score is
0.
2) If the toxic amount is greater than or equal to 100 and less
than 1000, the toxic score is 1.
3) If the toxic amount is greater than or equal to 1000 and less
than 10,000, the toxic score is 2.
4) If the toxic amount is greater than or equal to 10,000, the
toxic score is 3.
BOARD NOTE: 100 kg/month of the reference material, 100
percent copper sulfate, has a "toxic amount" of 10,000, defining the
boderline between a "toxic score" of 2 or 3 for a small quantity
generator.
d) The toxic score shall be used as follows:
1) If the toxic score is 0 or 3, the toxic score shall be used
for the purposes of Section 808.245 without adjustment.
2) If the toxic score is 1 or 2, the toxic score shall be
adjusted based on environmental fate, pursuant to subsections (e), (f) and (g).
e) The environmental fate score (F) is calculated as follows:
F = SUM(Ci * Li)
where:
1) SUM means the sum of the results of the calculation in
parentheses for each component of the wastestream;
2) Ci is the concentration of component i as a percent of the
waste by weight; and
3) Li is the environmental level of component i, as determined by
subsection (j).
f) adjusted toxic score as follows:
1) If the environmental fate score (F) is less than 100, subtract
1 from the toxic score;
2) If the environmental fate score is greater than or equal to
100 and less than 200, the toxic score is not modified;
3) If the environmental fate score is greater than or equal to
200, add 1 to the toxic score.
g) Use the toxic score or adjusted toxic score calculated
pursuant to subsections (b) through (f) for the purposes of Section 808.245.
h) Sources of toxicity data.
1) The generator is required to provide information to
substantiate that any waste is other than a type A waste.
2) Carcinogens and mutagens. If available, use a TD50 oral rat
to represent toxicity based on carcinogenicity and mutagenicity. Otherwise:
A) Carcinogens are assigned a Ti of 0.1 mg/kg; and
B) Mutagens are assigned a Ti of 0.6 mg/kg.
3) Toxicity values shall be selected according to the following
criteria:
A) Toxicities are converted to equivalent oral toxicities as
specified in subsection (i);
B) Toxicity values are ranked by source according to the following
priorities, with the sources listed in descending order of priority.
i) First oral rat; then inhalation rat; then dermal rabbit; then
aquatic toxicity.
ii) If data from the bases is unavailable, then other mammalian
toxicity values;
C) If there is more than one toxicity value for the toxicity from
the highest priority available source, the lowest (most toxic) equivalent oral
toxicity value is used.
i) Conversion factors for equivalent oral toxicities. The
following conversion factors must be used to convert toxicity values to
equivalent oral toxicities (Bi) (If a carcinogen or mutagen is assigned a value
for Ti in the absence of a TD50, Bi is assigned a value of 1.):
|
Toxicity measure
|
Units
|
Bi
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Oral – LD50
|
mg/kg
|
1.
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Carcinogen/mutagen – TD50
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mg/kg
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1.
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Aquatic – 48 or 96 hour LC50
|
ppm
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5.
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Inhalation – LC50
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mg/1
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25.
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Dermal – LD50
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mg/kg
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0.25
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j) Environmental levels. If the waste constituent is innocuous,
the environmental level (Li) is equal to 0. Otherwise, Li for a component is
the highest level for that constituent in the following table, based on
bioaccumulation, persistence and solubility. (If a value on the boundary
between ranges, the higher value of Li is used.):
|
Bioaccumulation
|
Persistence
|
Solubility
|
Li
|
|
Min.
|
Max.
|
Min.
|
Max.
|
Min.
|
Max.
|
|
|
5
|
_ _ _
|
365
|
_ _ _
|
10,000
|
_ _ _
|
3
|
|
4
|
5
|
30
|
365
|
1000
|
10,000
|
2
|
|
0
|
4
|
0
|
30
|
0
|
1000
|
1
|
|
|
|
|
|
|
|
|
|
|
1) "Innocuous" waste constituents are those for which
BiTi, as determined pursuant to subsection (a), is greater than 5000 mg/kg.
2) Bioaccumulation is measured as the logarithm to the base 10 of
the n-octanol/water partition coefficient for the waste constituent, as
measured pursuant to ASTM E 1147, incorporated by reference in Section 808.111.
3) Persistence is determined pursuant to subsection (k).
4) Solubility is measured as parts per million on a weight basis.
Solubility may be measured pursuant to ASTM E 1148, incorporated by reference
in Section 808.111.
k) Persistence. If available, a value for persistence, measured,
pursuant to subsection (k)(1), must be used. Otherwise, the table of
subsection (k)(2) must be used.
1) Persistence must be measured pursuant to ASTM E 896,
incorporated by reference in Section 808.111.
2) Persistence may be estimated using the following table. (The
longest half-life indicated must be used for constituents which fit into more
than one category):
|
Type of
Compound or Material
|
Half
Life
(days)
|
|
Metal,
metal oxide or inorganic oxide
|
366
|
|
Inorganic
salts
|
366
|
|
Asbestos
|
366
|
|
Clay
|
366
|
|
Plastics or
polymers
|
366
|
|
Pesticides
|
366
|
|
Halogenated
hydrocarbons
|
366
|
|
Polyaromatic
hydrocarbons and biphenyls
|
366
|
|
Phthalate
esters
|
366
|
|
Paper
products
|
366
|
|
Fats, oils
and greases
|
366
|
|
Resins and
pigments
|
366
|
|
Aromatic
and alicyclic hydrocarbons
|
31
|
|
Aliphatic
hydrocarbons
|
|
|
More than
10 carbons
|
31
|
|
10 carbons
or less
|
1
|
|
Waste
constituents not otherwise listed
|
366
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|