Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 721 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subpart A - GENERAL PROVISIONS › Section 721.103 - Definition of Hazardous Waste

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				solid waste, as defined in Section
				721.102,
				is a hazardous waste if the following is true of the waste:
1) It is not excluded from regulation as a
				hazardous waste pursuant to Section
				721.104(b);
				and
2) It meets any of the
				following criteria:
A) It exhibits any of the
				characteristics of hazardous waste identified in Subpart C. However, any
				mixture of a waste from the extraction, beneficiation, and processing of ores
				and minerals excluded pursuant to Section
				721.104(b)(7)
				and any other solid waste exhibiting a characteristic of hazardous waste
				pursuant to Subpart C is a hazardous waste only if it exhibits a characteristic
				that would not have been exhibited by the excluded waste alone if such mixture
				had not occurred, or if the mixture continues to exhibit any of the
				characteristics exhibited by the non-excluded wastes prior to mixture. Further,
				for the purposes of applying the toxicity characteristic to such mixtures, the
				mixture is also a hazardous waste if it exceeds the maximum concentration for
				any contaminant listed in Section
				721.124
				that would not have been exceeded by the excluded waste alone if the mixture
				had not occurred or if it continues to exceed the maximum concentration for any
				contaminant exceeded by the nonexempt waste prior to mixture.
B) It is listed in Subpart D and has not been
				excluded from the lists in Subpart D pursuant to 35 Ill. Adm. Code
				720.120 and
				720.122.
C) This subsection (a)(2)(B) corresponds with
				40 CFR
				261.3(a)(2)(iii), which
				USEPA removed and marked as "reserved" at 66 Fed. Reg. 27266 (May 16, 2001).
				This statement maintains structural consistency with the federal
				regulations.
D) It is a mixture of
				solid waste and one or more hazardous wastes listed in Subpart D and has not
				been excluded from this subsection (a)(2) pursuant to 35 Ill. Adm. Code
				720.120 and
				720.122 or
				subsection (g) or (h); however, the following mixtures of solid wastes and
				hazardous wastes listed in Subpart D are not hazardous wastes (except by
				application of subsection (a)(2)(A) or (a)(2)(B)) if the generator demonstrates
				that the mixture consists of wastewater the discharge of which is subject to
				regulation under either 35 Ill. Adm. Code 309 or 310 (including wastewater at
				facilities that have eliminated the discharge of wastewater) and the following
				is true of the waste:
i) It is one or more of
				the following solvents listed in Section
				721.131:
				benzene, carbon tetrachloride, tetrachloroethylene, trichloroethylene or the
				scrubber waters derived from the combustion of these spent solvents, provided
				that the maximum total weekly usage of these solvents (other than the amounts
				that can be demonstrated not to be discharged to wastewater) divided by the
				average weekly flow of wastewater into the headworks of the facility's
				wastewater treatment or pretreatment system does not exceed 1 part per million,
				or the total measured concentration of these solvents entering the headworks of
				the facility's wastewater treatment system (at a facility that is subject to
				regulation under the federal Clean Air Act new source performance standards or
				national emission standards for hazardous air pollutants of 40 CFR 60, 61, or
				63 or at a facility that is subject to an enforceable limit in a federal
				operating permit that minimizes fugitive emissions) does not exceed 1 part per
				million on an average weekly basis. Any facility that uses benzene as a solvent
				and claims this exemption must use an aerated biological wastewater treatment
				system and must use only lined surface impoundments or tanks prior to secondary
				clarification in the wastewater treatment system. A facility that chooses to
				measure concentration levels must file a copy of its sampling and analysis plan
				with the Agency. A facility must file a copy of a revised sampling and analysis
				plan only if the initial plan is rendered inaccurate by changes in the
				facility's operations. The sampling and analysis plan must include the
				monitoring point location (headworks), the sampling frequency and methodology,
				and a list of constituents to be monitored. A facility is eligible for the
				direct monitoring option once it receives confirmation that the sampling and
				analysis plan has been received by the Agency. The Agency must reject the
				sampling and analysis plan if it determines that the sampling and analysis plan
				fails to include the information required by this subsection (a)(2)(D)(i) or
				that the plan parameters would not enable the facility to calculate the weekly
				average concentration of these chemicals accurately. If the Agency rejects the
				sampling and analysis plan, or if the Agency determines that the facility is
				not following the sampling and analysis plan, the Agency must notify the
				facility to cease the use of the direct monitoring option until such time as
				the bases for rejection are corrected;
ii) It is one or more of the following spent
				solvents listed in Section 721.131: methylene chloride, 1,1,1-trichloroethane,
				chlorobenzene, o-dichlorobenzene, cresols, cresylic acid, nitrobenzene,
				toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, spent
				chlorofluorocarbon solvents, 2-ethoxyethanol, or the scrubber waters
				derived-from the combustion of these spent solvents, provided that the maximum
				total weekly usage of these solvents (other than the amounts that can be
				demonstrated not to be discharged to wastewater) divided by the average weekly
				flow of wastewater into the headworks of the facility's wastewater treatment or
				pretreatment system does not exceed 25 parts per million, or the total measured
				concentration of these solvents entering the headworks of the facility's
				wastewater treatment system (at a facility that is subject to regulation under
				the federal Clean Air Act new source performance standards or national emission
				standards for hazardous air pollutants of 40 CFR 60, 61, or 63 or at a facility
				that is subject to an enforceable limit in a federal operating permit that
				minimizes fugitive emissions) does not exceed 25 parts per million on an
				average weekly basis. A facility that chooses to measure concentration levels
				must file a copy of its sampling and analysis plan with the Agency. A facility
				must file a copy of a revised sampling and analysis plan only if the initial
				plan is rendered inaccurate by changes in the facility's operations. The
				sampling and analysis plan must include the monitoring point location
				(headworks), the sampling frequency and methodology, and a list of constituents
				to be monitored. A facility is eligible for the direct monitoring option once
				it receives confirmation that the sampling and analysis plan has been received
				by the Agency. The Agency must reject the sampling and analysis plan if it
				determines that the sampling and analysis plan fails to include the information
				required by this subsection (a)(2)(D)(ii) or that the plan parameters would not
				enable the facility to calculate the weekly average concentration of these
				chemicals accurately. If the Agency rejects the sampling and analysis plan, or
				if the Agency determines that the facility is not following the sampling and
				analysis plan, the Agency must notify the facility to cease the use of the
				direct monitoring option until such time as the bases for rejection are
				corrected;
iii) It is one of the
				following wastes listed in Section
				721.132,
				provided that the wastes are discharged to the refinery oil recovery sewer
				before primary oil/water/solids separation: heat exchanger bundle cleaning
				sludge from the petroleum refining industry (USEPA hazardous waste number
				K050), crude oil storage tank sediment from petroleum refining operations
				(USEPA hazardous waste number K169), clarified slurry oil tank sediment or
				in-line filter/separation solids from petroleum refining operations (USEPA
				hazardous waste number K170), spent hydrotreating catalyst (USEPA hazardous
				waste number K171), and spent hydrorefining catalyst (USEPA hazardous waste
				number K172);
iv) It is a discarded
				hazardous waste, commercial chemical product or chemical intermediate listed in
				Section
				721.121,
				721.132, or 721.133 arising from de minimis losses of these materials. For
				purposes of this subsection (a)(2)(D)(iv), "de minimis" losses are inadvertent
				releases to a wastewater treatment system, including those from normal material
				handling operations (e.g., spills from the unloading or transfer of materials
				from bins or other containers, leaks from pipes, valves, or other devices used
				to transfer materials); minor leaks of process equipment, storage tanks, or
				containers; leaks from well-maintained pump packings and seals; sample
				purgings; relief device discharges; discharges from safety showers and rinsing
				and cleaning of personal safety equipment; and rinsate from empty containers or
				from containers that are rendered empty by that rinsing. Any manufacturing
				facility that claims an exemption for de minimis quantities of a waste listed
				in Section
				721.131
				or 721.132, or any nonmanufacturing facility that claims an exemption for de
				minimis quantities of wastes listed in Subpart D, must either have eliminated
				the discharge of wastewaters or have included in its federal Clean Water Act (
				33 USC
				1251 et seq.) permit application or
				wastewater pretreatment submission to the Agency or the wastewater pretreatment
				Control Authority pursuant to 35 Ill. Adm. Code 307 of the constituents for
				which each waste was listed (in Appendix G); and the constituents in Table T to
				35 Ill. Adm. Code 728 for which each waste has a treatment standard
				(i.e
.
, land disposal restriction constituents). A facility is
				eligible to claim the exemption once the Agency or Control Authority has been
				notified of possible de minimis releases via the Clean Water Act permit
				application or the wastewater pretreatment submission. A copy of the Clean
				Water Act permit application or the wastewater pretreatment submission must be
				placed in the facility's on-site files;
v) It is wastewater resulting from laboratory
				operations containing toxic (T) wastes listed in Subpart D, provided that the
				annualized average flow of laboratory wastewater does not exceed one percent of
				total wastewater flow into the headworks of the facility's wastewater treatment
				or pretreatment system or provided that the wastes' combined annualized average
				concentration does not exceed one part per million in the headworks of the
				facility's wastewater treatment or pretreatment facility. Toxic (T) wastes used
				in laboratories that are demonstrated not to be discharged to wastewater are
				not to be included in this calculation;
vi) It is one or more of the following wastes
				listed in Section 721.132: wastewaters from the production of carbamates and
				carbamoyl oximes (USEPA hazardous waste number K157), provided that the maximum
				weekly usage of formaldehyde, methyl chloride, methylene chloride, and
				triethylamine (including all amounts that cannot be demonstrated to be reacted
				in the process, destroyed through treatment, or recovered, i.e., what is
				discharged or volatilized) divided by the average weekly flow of process
				wastewater prior to any dilutions into the headworks of the facility's
				wastewater treatment system does not exceed a total of 5 parts per million by
				weight, or the total measured concentration of these chemicals entering the
				headworks of the facility's wastewater treatment system (at a facility that is
				subject to regulation under the federal Clean Air Act new source performance
				standards or national emission standards for hazardous air pollutants of 40 CFR
				60, 61, or 63 or at a facility that is subject to an enforceable limit in a
				federal operating permit that minimizes fugitive emissions) does not exceed 5
				parts per million on an average weekly basis. A facility that chooses to
				measure concentration levels must file a copy of its sampling and analysis plan
				with the Agency. A facility must file a copy of a revised sampling and analysis
				plan only if the initial plan is rendered inaccurate by changes in the
				facility's operations. The sampling and analysis plan must include the
				monitoring point location (headworks), the sampling frequency and methodology,
				and a list of constituents to be monitored. A facility is eligible for the
				direct monitoring option once it receives confirmation that the sampling and
				analysis plan has been received by the Agency. The Agency must reject the
				sampling and analysis plan if it determines that the sampling and analysis plan
				fails to include the information required by this subsection (a)(2)(D)(vi) or
				that the plan parameters would not enable the facility to calculate the weekly
				average concentration of these chemicals accurately. If the Agency rejects the
				sampling and analysis plan, or if the Agency determines that the facility is
				not following the sampling and analysis plan, the Agency must notify the
				facility to cease the use of the direct monitoring option until such time as
				the bases for rejection are corrected; or
vii) It is wastewater derived from the
				treatment of one or more of the following wastes listed in Section 721.132:
				organic waste (including heavy ends, still bottoms, light ends, spent solvents,
				filtrates, and decantates) from the production of carbamates and carbamoyl
				oximes (USEPA hazardous waste number K156), provided that the maximum
				concentration of formaldehyde, methyl chloride, methylene chloride, and
				triethylamine prior to any dilutions into the headworks of the facility's
				wastewater treatment system does not exceed a total of 5 milligrams per liter,
				or the total measured concentration of these chemicals entering the headworks
				of the facility's wastewater treatment system (at a facility that is subject to
				regulation under the federal Clean Air Act new source performance standards or
				national emission standards for hazardous air pollutants of 40 CFR 60, 61, or
				63 or at a facility that is subject to an enforceable limit in a federal
				operating permit that minimizes fugitive emissions) does not exceed 5
				milligrams per liter on an average weekly basis. A facility that chooses to
				measure concentration levels must file a copy of its sampling and analysis plan
				with the Agency. A facility must file a copy of a revised sampling and analysis
				plan only if the initial plan is rendered inaccurate by changes in the
				facility's operations. The sampling and analysis plan must include the
				monitoring point location (headworks), the sampling frequency and methodology,
				and a list of constituents to be monitored. A facility is eligible for the
				direct monitoring option once it receives confirmation that the sampling and
				analysis plan has been received by the Agency. The Agency must reject the
				sampling and analysis plan if it determines that the sampling and analysis plan
				fails to include the information required by this subsection (a)(2)(D)(vii) or
				that the plan parameters would not enable the facility to calculate the weekly
				average concentration of these chemicals accurately. If the Agency rejects the
				sampling and analysis plan, or if the Agency determines that the facility is
				not following the sampling and analysis plan, the Agency must notify the
				facility to cease the use of the direct monitoring option until such time as
				the bases for rejection are corrected.
E) Rebuttable presumption for used oil. Used
				oil containing more than 1,000 ppm total halogens is presumed to be a hazardous
				waste because it has been mixed with halogenated hazardous waste listed in
				Subpart D. Persons may rebut this presumption by demonstrating that the used
				oil does not contain hazardous waste (for example, to show that the used oil
				does not contain significant concentrations of halogenated hazardous
				constituents listed in Appendix H).
i) The
				rebuttable presumption does not apply to a metalworking oil or fluid containing
				chlorinated paraffins if it is processed through a tolling arrangement, as
				described in 35 Ill. Adm. Code
				739.124(c),
				to reclaim metalworking oils or fluids. The presumption does apply to a
				metalworking oil or fluid if such an oil or fluid is recycled in any other
				manner, or disposed of.
ii) The
				rebuttable presumption does not apply to a used oil contaminated with
				chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs are
				destined for reclamation. The rebuttable presumption does apply to a used oil
				contaminated with CFCs that have been mixed with used oil from a source other
				than a refrigeration unit.