Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 721 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subpart B - CRITERIA FOR IDENTIFYING THE CHARACTERISTICS OF HAZARDOUS WASTE AND FOR LISTING HAZARDOUS WASTES › Section 721.111 - Criteria for Listing Hazardous Waste

Current through Register Vol. 48, No. 28, July 12, 2024
a) USEPA stated in corresponding federal
				40 CFR
				261.11 that it lists a solid waste as a
				hazardous waste only upon determining that the solid waste meets one of the
				following criteria:
1) The solid waste
				exhibits any of the characteristics of hazardous waste identified in Subpart C;
				or
2) Acute hazardous waste. The
				solid waste has been found to be fatal to humans in low doses or, in the
				absence of data on human toxicity, it has been shown in studies to have an oral
				LD 50 toxicity (rat) of less than 50 mg/kg, an inhalation LC 50 toxicity (rat)
				of less than 2 mg/l, or a dermal LD 50 toxicity (rabbit) of less than 200 mg/kg
				or is otherwise capable of causing or significantly contributing to an increase
				in serious irreversible or incapacitating reversible, illness.
BOARD NOTE: Waste listed in accordance with these criteria
				  are designated Acute Hazardous Waste.
3) Toxic Waste. The solid waste contains any
				of the toxic constituents listed in Appendix H and, after considering the
				following factors, USEPA concludes that the waste is capable of posing a
				substantial present or potential hazard to human health or the environment when
				improperly treated, stored, transported, or disposed of, or otherwise managed:
BOARD NOTE: Substances are listed in Appendix H only if they
				  have been shown in scientific studies to have toxic, carcinogenic, mutagenic,
				  or teratogenic effects on humans or other life forms.
A) The nature of the toxicity presented by
				the constituent;
B) The
				concentration of the constituent in the waste;
C) The potential of the constituent or any
				toxic degradation product of the constituent to migrate from the waste into the
				environment under the types of improper management considered in subsection
				(a)(3)(G);
D) The persistence of
				the constituent or any toxic degradation product of the constituent;
E) The potential for the constituent or any
				toxic degradation product of the constituent to degrade into nonharmful
				constituents and the rate of degradation;
F) The degree to which the constituent or any
				degradation product of the constituent bioaccumulates in ecosystems;
G) The plausible types of improper management
				to which the waste could be subjected;
H) The quantities of the waste generated at
				individual generation sites or on a regional or national basis;
I) The nature and severity of the human
				health and environmental damage that has occurred as a result of the improper
				management of the wastes containing the constituent;
J) Action taken by other governmental
				agencies or regulatory programs based on the health or environmental hazard
				posed by the waste or waste constituent; and
K) Such other factors as may be appropriate.
BOARD NOTE: Wastes listed in accordance with these criteria
				  are designated toxic wastes.