Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 722 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subpart A - GENERAL › Section 722.114 - Conditions for Exemption for a Very Small Quantity Generator

Current through Register Vol. 48, No. 28, July 12, 2024
a) Provided that a VSQG meets all the
				conditions for exemption listed in this Section, hazardous waste generated by
				the VSQG is not subject to the requirements of 35 Ill. Adm. Code 702, 703, 705,
				and 722 through 728 and the notification requirements of section 3010 of RCRA
				(42 USC 6930), and
				the VSQG may accumulate hazardous waste on site without complying with these
				requirements, except that the VSQG must comply with this Section and Sections
				722.110
				through
				722.113.
				The conditions for exemption are as follows:
1) In a calendar month, the VSQG generates
				less than or equal to the amounts specified in the definition of "VSQG" in 35
				Ill. Adm. Code
				720.110;
2) The VSQG complies with Section
				722.111(a) through
				(d);
3) If the VSQG accumulates at any time
				greater than one kg (2.2 lbs) of acute hazardous waste or 100 kg (220 lbs) of
				any residue or contaminated soil, water, or other debris resulting from the
				cleanup of a spill, into or on any land or water, of any acute hazardous waste
				listed in 35 Ill. Adm. Code
				721.131
				or
				721.133(e),
				all quantities of that acute hazardous waste are subject to the following
				additional conditions for exemption:
A) The
				waste is held on site for no more than 90 days beginning on the date when the
				accumulated wastes exceed the amounts provided in subsection (a)(1);
				and
B) The conditions for exemption
				in Section
				722.117(a)
				through (g).
4) If the VSQG accumulates at any time 1,000
				kg (2,200 lbs) or greater of non-acute hazardous waste, all quantities of that
				hazardous waste are subject to the following additional conditions for
				exemption:
A) The waste is held on site for
				no more than 180 days, or 270 days, if applicable, beginning on the date when
				the accumulated waste exceed the amounts provided in subsection (a)(1);
BOARD NOTE: Section
				  722.116(c)
				  allows an SQG that must transport its waste or offer its waste for
				  transportation over a distance of 200 miles for off-site treatment, storage, or
				  disposal to accumulate the waste for up to 270 days.
B) The quantity of waste accumulated on site
				never exceeds 6,000 kg (13,200 lbs); and
C) The VSQG fulfills the conditions for
				exemption in Section
				722.116(b)(2)
				through (f).
5) A VSQG that accumulates hazardous waste in
				amounts less than or equal to the limits in subsections (a)(3) and (a)(4) must
				either treat or dispose of its hazardous waste in an on-site facility or ensure
				delivery to an off-site treatment, storage, or disposal facility. The facility,
				if located in the U.S., must be one of the following:
A) A permitted facility under 35 Ill. Adm.
				Code 702 and 703;
B) An interim
				status facility under Subpart C of 35 Ill. Adm. Code 703 and 35 Ill. Adm. Code
				725;
C) A facility authorized to
				manage hazardous waste by a state whose hazardous waste management program is
				approved by USEPA under 40 CFR 271;
D) A municipal solid waste landfill that is
				subject to the standards of 40 CFR 258 and that is permitted, licensed, or
				registered by a USEPA-authorized state to manage municipal solid
				waste;
E) A solid waste management
				facility that is permitted, licensed, or registered by a state to manage
				non-municipal non-hazardous waste and, if the facility is a non-municipal
				non-hazardous waste disposal unit, the facility must comply with the
				requirements in subpart B of 40 CFR 257, incorporated by reference in 35 Ill.
				Adm. Code
				720.111;
F) A facility engaging in either of the
				following activities:
i) Beneficial use or
				reuse, or legitimate recycling or reclamation of its waste; or
ii) Treating its waste prior to beneficial
				use or reuse, or legitimate recycling or reclamation;
G) For universal waste managed under 35 Ill.
				Adm. Code 733, a universal waste handler or destination facility subject to the
				requirements of 35 Ill. Adm. Code 733;
H) An LQG under the control of the same
				person as the VSQG, provided the following conditions are met:
i) The VSQG and the LQG are under the control
				of the same person, as defined in 35 Ill. Adm. Code 720.110. "Control", for the
				purposes of this Section, means the power to direct the policies of the
				generator, whether by the ownership of stock, voting rights, or otherwise,
				except that a contractor that operates a generator facility on behalf of a
				different person, as defined in 35 Ill. Adm. Code 720.110, cannot be deemed to
				"control" the VSQG and LQG.
ii) The
				VSQG marks its containers of hazardous waste with the words "Hazardous Waste"
				and an indication of the hazards of the contents. Examples of indication of the
				hazards include, but are not limited to, the applicable hazardous waste
				characteristics (i.e., ignitable, corrosive, reactive, or toxic); hazard
				communication consistent with subpart E (Labelling) and subpart F (Placarding)
				of 49 CFR 172, incorporated by reference in 35 Ill. Adm. Code 720.111; a hazard
				statement or pictogram consistent with
				29 CFR
				1910.1200, incorporated by reference in 35
				Ill. Adm. Code 720.111; or a chemical hazard label consistent with NFPA 704,
				incorporated by reference in 35 Ill. Adm. Code 720.111;
I) A reverse distributor (as defined in 35
				Ill. Adm. Code 726.600 ), if the hazardous waste pharmaceutical is a
				potentially creditable hazardous waste pharmaceutical generated by a healthcare
				facility (as defined in 35 Ill. Adm. Code 726.600);
J) A healthcare facility (as defined in 35
				Ill. Adm. Code 726.600) that meets the conditions in 35 Ill. Adm. Code
				726.602(l) and 726.603(b), as applicable, to accept non-creditable hazardous
				waste pharmaceuticals and potentially creditable hazardous waste
				pharmaceuticals from an off-site healthcare facility that is a VSQG;
				or
K) For airbag waste, an airbag
				waste collection facility or a designated facility subject to the requirements
				of 35 Ill. Adm. Code
				721.104(j).