Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart A - GENERAL PROVISIONS › Section 724.101 - Purpose, Scope, and Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) The purpose of this Part is to establish
				minimum standards that define the acceptable management of hazardous
				waste.
b) The standards in this
				Part apply to owners and operators of all facilities that treat, store, or
				dispose of hazardous waste, except as specifically provided otherwise in this
				Part or 35 Ill. Adm. Code 721.
c)
				This Part applies to a person disposing of hazardous waste by means of ocean
				disposal subject to a permit issued under the federal Marine Protection,
				Research and Sanctuaries Act (
				33 USC
				1401 et seq.) only to the extent they are
				included in a RCRA permit by rule granted to such a person under 35 Ill. Adm.
				Code
				703.141. A "RCRA
				permit" is a permit required by Section 21(f) of the Environmental Protection
				Act and 35 Ill. Adm. Code
				703.121.
BOARD NOTE: This Part does apply to the treatment or storage
				  of hazardous waste before it is loaded onto an ocean vessel for incineration or
				  disposal at sea.
d) This
				Part applies to a person disposing of hazardous waste by means of underground
				injection subject to a permit issued by the Agency under Section 12(g) of the
				Act only to the extent they are required by Subpart F of 35 Ill. Adm. Code 704.
BOARD NOTE: This Part does apply to the above-ground
				  treatment or storage of hazardous waste before it is injected
				  underground.
e) This Part
				applies to the owner or operator of a POTW (publicly owned treatment works)
				that treats, stores, or disposes of hazardous waste only to the extent included
				in a RCRA permit by rule granted to such a person under 35 Ill. Adm. Code
				703.141.
f) This subsection (f)
				corresponds with
				40 CFR
				264.1(f), which provides
				that the federal regulations do not apply to T/S/D activities in authorized
				states, except under limited, enumerated circumstances. This statement
				maintains structural consistency with USEPA rules.
g) This Part does not apply to the following:
1) The owner or operator of a facility
				permitted by the Agency under Section 21 of the Act to manage municipal or
				industrial solid waste, if the only hazardous waste the facility treats,
				stores, or disposes of is excluded from regulation under this Part by 35 Ill.
				Adm. Code
				722.114.
BOARD NOTE: The owner or operator may be subject to 35 Ill.
				  Adm. Code 807 and may have to have a supplemental permit under 35 Ill. Adm.
				  Code
				  807.210.
2) The owner or operator of a
				facility managing recyclable materials described in 35 Ill. Adm. Code
				721.106(a)(2)
				through (a)(4) (except to the extent that
				requirements of this Part are referred to in Subpart C, F, G, or H of 35 Ill.
				Adm. Code 726 or 35 Ill. Adm. Code 739).
3) A generator accumulating waste on-site in
				compliance with 35 Ill. Adm. Code 722.114, 722.115, 722.116, or
				722.117.
4) A farmer disposing of
				waste pesticides from the farmer's own use in compliance with 35 Ill. Adm. Code
				722.170.
5) The owner or operator of a totally
				enclosed treatment facility, as defined in 35 Ill. Adm. Code
				720.110.
6) The owner or operator of an elementary
				neutralization unit or a wastewater treatment unit, as defined in 35 Ill. Adm.
				Code 720.110, provided that if the owner or operator is diluting hazardous
				ignitable (D001) wastes (other than the D001 High TOC Subcategory defined in
				Table T to 35 Ill. Adm. Code 728) or reactive (D003) waste to remove the
				characteristic before land disposal, the owner or operator must comply with the
				requirements set out in Section
				724.117(b).
7) This subsection (g)(7) corresponds with
				40 CFR
				264.1(g)(7), reserved by
				USEPA. This statement maintains structural consistency with USEPA
				rules.
8) Immediate Response
A) Except as provided in subsection
				(g)(8)(B), a person engaged in treatment or containment activities during
				immediate response to any of the following situations:
i) A discharge of a hazardous
				waste;
ii) An imminent and
				substantial threat of a discharge of hazardous waste;
iii) A discharge of a material that becomes a
				hazardous waste when discharged; or
iv) An immediate threat to human health,
				public safety, property, or the environment from the known or suspected
				presence of military munitions, other explosive material, or an explosive
				device, as determined by an explosives or munitions emergency response
				specialist as defined in 35 Ill. Adm. Code 720.110.
B) An owner or operator of a facility
				otherwise regulated by this Part must comply with all applicable requirements
				of Subparts C and D.
C) Any person
				that is covered by subsection (g)(8)(A) and that continues or initiates
				hazardous waste treatment or containment activities after the immediate
				response is over is subject to all applicable requirements of this Part and 35
				Ill. Adm. Code 702, 703, and 705 for those activities.
D) In the case of an explosives or munitions
				emergency response, if a federal, State, or local official acting within the
				scope of his or her official responsibilities or an explosives or munitions
				emergency response specialist determines that immediate removal of the material
				or waste is necessary to adequately protect human health or the environment,
				that official or specialist may authorize the removal of the material or waste
				by transporters that do not have USEPA identification numbers and without the
				preparation of a manifest. In the case of emergencies involving military
				munitions, the responding military emergency response specialist's
				organizational unit must retain records for three years identifying the dates
				of the response, the responsible persons responding, the type and description
				of material addressed, and its disposition.
9) A transporter storing manifested shipments
				of hazardous waste in containers meeting 35 Ill. Adm. Code
				722.130 at a transfer
				facility for a period of ten days or less.
10) The addition of absorbent materials to
				waste in a container (as defined in 35 Ill. Adm. Code 720) or the addition of
				waste to absorbent material in a container, provided these actions occur at the
				time waste is first placed in the container, and Sections
				724.117(b),
				724.271,
				and
				724.272
				are complied with.
11) A universal
				waste handler or universal waste transporter (as defined in 35 Ill. Adm. Code
				720.110) that handles any of the wastes listed below is subject to regulation
				under 35 Ill. Adm. Code 733 when handling the following universal wastes:
A) Batteries, as described in 35 Ill. Adm.
				Code
				733.102;
B) Pesticides, as described in 35 Ill. Adm.
				Code
				733.103;
C) Mercury-containing equipment, as described
				in 35 Ill. Adm. Code
				733.104;
D) Lamps, as described in 35 Ill. Adm. Code
				733.105;
				and
E) Aerosol cans, as described
				in 35 Ill. Adm. Code
				733.106.
12) This subsection (g)(12)
				corresponds with
				40 CFR
				264.1(g)(12), which applies
				only to a facility outside Illinois. This statement maintains structural
				consistency with the corresponding USEPA rule.
13) A reverse distributor accumulating
				potentially creditable hazardous waste pharmaceuticals and evaluated hazardous
				waste pharmaceuticals, as defined in 35 Ill. Adm. Code 726.600. A reverse
				distributor is subject to regulation under Subpart P of 35 Ill. Adm. Code 726
				in lieu of this Part for the accumulation of potentially creditable hazardous
				waste pharmaceuticals and evaluated hazardous waste pharmaceuticals.