Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 722 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subpart A - GENERAL › Section 722.111 - Hazardous Waste Determination

Current through Register Vol. 48, No. 28, July 12, 2024
A person that generates a solid waste, as defined in 35 Ill.
				  Adm. Code
				  721.102,
				  must make an accurate determination as to whether that waste is a hazardous
				  waste in order to ensure that the waste is properly managed according to
				  applicable RCRA regulations. A hazardous waste determination is made using the
				  following steps:
a) The hazardous
				waste determination for each solid waste must be made at the point of waste
				generation, before any dilution, mixing, or other alteration of the waste
				occurs, and at any time in the course of its management that it has, or may
				have, changed its properties as a result of exposure to the environment or
				other factors that may change the properties of the waste such that the RCRA
				classification of the waste may change.
b) The person must determine whether the
				solid waste is excluded from regulation under 35 Ill. Adm. Code
				721.104.
c) If the waste is not excluded under 35 Ill.
				Adm. Code 721.104, the person must then use knowledge of the waste to determine
				whether the waste meets any of the listing descriptions under Subpart D of 35
				Ill. Adm. Code 721. Acceptable knowledge that may be used in making an accurate
				determination as to whether the waste is listed may include waste origin,
				composition, the process producing the waste, feedstock, and other reliable and
				relevant information. If a waste is listed, the person may file a delisting
				petition under 35 Ill. Adm. Code
				720.120 and
				720.122 to
				demonstrate to the Administrator that the waste from this particular site or
				operation is not a hazardous waste.
d) The person then must also determine
				whether the waste exhibits one or more hazardous characteristics, as identified
				in Subpart C of 35 Ill. Adm. Code 721, by following the procedures in
				subsection (d)(1) or (d)(2), or a combination of both.
1) The person must apply knowledge of the
				hazard characteristic of the waste in light of the materials or the processes
				used to generate the waste. Acceptable knowledge may include process knowledge
				(e.g., information about chemical feedstocks and other inputs to the production
				process); knowledge of products, by-products, and intermediates produced by the
				manufacturing process; chemical or physical characterization of wastes;
				information on the chemical and physical properties of the chemicals used or
				produced by the process or otherwise contained in the waste; testing that
				illustrates the properties of the waste; or other reliable and relevant
				information about the properties of the waste or its constituents. A test other
				than a test method set forth in Subpart C of 35 Ill. Adm. Code 721, or an
				equivalent test method approved by the Agency or the Board under 35 Ill. Adm.
				Code
				720.121,
				may be used as part of a person's knowledge to determine whether a solid waste
				exhibits a characteristic of hazardous waste. However, such tests do not, by
				themselves, provide definitive results. Persons testing their waste must obtain
				a representative sample of the waste for the testing, as defined at 35 Ill.
				Adm. Code
				720.110.
2) When available knowledge is inadequate to
				make an accurate determination, the person must test the waste according to the
				applicable methods set forth in Subpart C of 35 Ill. Adm. Code 721 or according
				to an equivalent method approved by the Administrator under 35 Ill. Adm. Code
				720.121
				and in accordance with the following:
A) A
				persons testing its waste must obtain a representative sample of the waste for
				the testing, as defined at 35 Ill. Adm. Code 720.110.
B) Where a test method is specified in
				Subpart C of 35 Ill. Adm. Code 721, the results of the regulatory test, when
				properly performed, are definitive for determining the regulatory status of the
				waste.