Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 722 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subpart A - GENERAL › Section 722.116 - Conditions for Exemption for a Small Quantity Generator That Accumulates Hazardous Waste

Current through Register Vol. 48, No. 28, July 12, 2024
An SQG may accumulate hazardous waste on site without a
				  permit or interim status, and without complying with the requirements of 35
				  Ill. Adm. Code 702, 703, 705, and 724 through 727, or the notification
				  requirements of section 3010 of RCRA (42 USC
				  6930), provided that all of the following
				  conditions for exemption listed in this Section are met:
a) Generation. The generator must generate in
				a calendar month no more than the amounts specified in the definition of "SQG"
				in 35 Ill. Adm. Code
				720.110.
b) Accumulation. The generator must
				accumulate hazardous waste on site for no more than 180 days, unless in
				compliance with the conditions for exemption allowing longer accumulation in
				subsections (d) and (e). The following accumulation conditions also apply:
1) Accumulation Limit. The quantity of
				hazardous waste accumulated on site must never exceed 6,000 kg (13,200
				lbs);
2) Accumulation of Hazardous
				Waste in Containers
A) Condition of
				Containers. If a container holding hazardous waste is not in good condition or
				the container begins to leak, the SQG must immediately transfer the hazardous
				waste from this container to a container that is in good condition or
				immediately manage the waste in some other way that complies with the
				conditions for exemption of this Section.
B) Compatibility of Waste with Container. The
				SQG must use a container made of or lined with materials that will not react
				with and that are otherwise compatible with the hazardous waste to be
				accumulated, so that the ability of the container to contain the waste is not
				impaired.
C) Management of
				Containers
i) A container holding hazardous
				waste must always be closed during accumulation, except when it is necessary to
				add or remove waste.
ii) A
				container holding hazardous waste must not be opened, handled, or accumulated
				in a manner that may rupture the container or cause it to leak.
D) Inspections. At least weekly,
				the SQG must inspect central accumulation areas. The SQG must look for leaking
				containers and for deterioration of containers caused by corrosion or other
				factors. See subsection (b)(2)(A) for remedial action required if deterioration
				or leaks are detected.
E) Special
				Conditions for Accumulation of Incompatible Wastes
i) The SQG must not place incompatible wastes
				or incompatible wastes and materials (for examples, see appendix V to 40 CFR
				265, incorporated by reference in 35 Ill. Adm. Code
				720.111) must not be
				placed in the same container, unless the generator complies with 35 Ill. Adm.
				Code
				725.117(b).
ii) The SQG must not place hazardous waste in
				an unwashed container that previously held an incompatible waste or material
				(for examples, see appendix V to 40 CFR 265, incorporated by reference in 35
				Ill. Adm. Code 720.111), unless the generator complies with 35 Ill. Adm. Code
				725.117(b).
iii) The SQG must separate or protect a
				container accumulating hazardous waste, by means of a dike, berm, wall, or
				other device, from any waste or other materials accumulated or stored nearby in
				other containers, piles, open tanks, or surface impoundments.
3) Accumulation of
				Hazardous Waste in Tanks
A) This subsection
				(b)(3)(A) corresponds with 40 CFR 262.116(b)(3)(i), which USEPA has marked
				"reserved". This statement maintains structural consistency with the
				corresponding federal regulation.
B) An SQG of hazardous waste must comply with
				the following general operating conditions:
i) Treatment or accumulation of hazardous
				waste in tanks must comply with 35 Ill. Adm. Code
				725.117(b).
ii) The SQG must not place hazardous wastes
				or treatment reagents in a tank if the hazardous wastes or treatment reagents
				could cause the tank or its inner liner to rupture, leak, corrode, or otherwise
				fail before the end of its intended life.
iii) The SQG must operate uncovered tanks
				must be operated to ensure at least 60 centimeters (2 feet) of freeboard,
				unless the tank is equipped with a containment structure (e.g., dike or
				trench), a drainage control system, or a diversion structure (e.g., standby
				tank) with a capacity that equals or exceeds the volume of the top 60
				centimeters (2 feet) of the tank.
iv) If hazardous waste is continuously fed
				into a tank, the SQG must equip the tank with a means to stop this inflow
				(
e.g.,
waste feed cutoff system or by-pass system to a
				stand-by tank).
C)
				Except as noted in subsection (b)(3)(iv), an SQG that accumulates hazardous
				waste in tanks must inspect each of the following, if present:
i) Discharge control equipment (e.g., waste
				feed cutoff systems, by-pass systems, and drainage systems) at least once each
				operating day, to ensure that it is in good working order;
ii) Data gathered from monitoring equipment
				(e.g., pressure and temperature gauges) at least once each operating day, to
				ensure that the tank is being operated according to its design;
iii) The level of waste in the tank at least
				once each operating day, to ensure compliance with subsection
				(b)(3)(ii)(C);
iv) The construction
				materials of the tank at least weekly, to detect corrosion or leaking of
				fixtures or seams; and
v) The
				construction materials of discharge confinement structures and the immediately
				surrounding area (e.g., dikes) at least weekly, to detect erosion or obvious
				signs of leakage (e.g., wet spots or dead vegetation). The SQG must remedy any
				deterioration or malfunction of equipment or structures that the inspection
				reveals on a schedule that ensures that the problem does not lead to an
				environmental or human health hazard. If a hazard is imminent or has already
				occurred, the SQG must immediately take remedial action.
D) A SQG accumulating hazardous waste in
				tanks or tank systems that have full secondary containment and that either use
				leak detection equipment to alert personnel to leaks, or implement established
				workplace practices to ensure leaks are promptly identified, must inspect at
				least weekly, if applicable, the areas identified in subsections (b)(3)(C)(i)
				through (b)(3)(C)(v). Use of the alternate inspection schedule must be
				documented in the generator's operating record. This documentation must include
				a description of the established workplace practices at the SQG.
E) This subsection (b)(3)(E) corresponds with
				40 CFR 262.116(b)(3)(v), which USEPA has marked "reserved". This statement
				maintains structural consistency with the corresponding federal
				regulation.
F) An SQG accumulating
				hazardous waste in tanks must remove all hazardous waste from tanks, discharge
				control equipment, and discharge confinement structures upon closure of the
				facility. At closure, as throughout the operating period, unless the SQG can
				demonstrate, in accordance with 35 Ill. Adm. Code
				721.103(c) or
				(d), that any solid waste removed from its
				tank is not a hazardous waste, then it must manage such waste in accordance
				with all applicable provisions of this Part and 35 Ill. Adm. Code 722, 723, 725
				and 728.
G) An SQG must comply with
				the following special conditions for accumulation of ignitable or reactive
				waste:
i) Ignitable or reactive waste must
				not be placed in a tank, unless the waste is treated, rendered, or mixed before
				or immediately after placement in a tank so that the resulting waste, mixture,
				or dissolution of material no longer meets the definition of ignitable or
				reactive waste under 35 Ill. Adm. Code
				721.121
				or
				721.123,
				and the SQG complies with 35 Ill. Adm. Code
				725.117(b);
				the generator accumulates or treats the waste is in such a way that the waste
				is protected from any material or conditions that may cause it to ignite or
				react; or the SQG uses the tank solely for emergencies.
ii) An SQG that treats or accumulates
				ignitable or reactive waste in covered tanks must comply with the buffer zone
				requirements for tanks contained in NFPA 30 (1977 or 1981), incorporated by
				reference in 35 Ill. Adm. Code 720.111.
iii) An SQG must not place incompatible
				wastes, or incompatible wastes and materials (for examples, see appendix V to
				40 CFR 265, incorporated by reference in 35 Ill. Adm. Code 720.111) in the same
				tank or place hazardous waste in an unwashed tank that previously held an
				incompatible waste or material, unless the generator complies with 35 Ill. Adm.
				Code
				725.117(b).
4) Accumulation of
				Hazardous Waste on Drip Pads. If the waste is placed on drip pads, the SQG must
				comply with the following:
A) Subpart W of 35
				Ill. Adm. Code 725 (except 35 Ill. Adm. Code
				725.545(c)
				);
B) The SQG must remove all
				wastes from the drip pad at least once every 90 days. Any hazardous wastes that
				the generator removes from the drip pad are then subject to the 180-day
				accumulation limit in subsection (b) and Section
				722.115
				if hazardous wastes are being managed in satellite accumulation areas prior to
				being moved to the central accumulation area; and
C) The SQG must maintain on site at the
				facility the following records readily available for inspection:
i) A written description of procedures that
				are followed to ensure that all wastes are removed from the drip pad and
				associated collection system at least once every 90 days; and
ii) Documentation of each waste removal,
				including the quantity of waste removed from the drip pad and the sump or
				collection system and the date and time of removal.
5) Accumulation of Hazardous Waste
				in Containment Buildings. If the SQG places waste in containment buildings, the
				SQG must comply with Subpart DD of 35 Ill. Adm. Code 725. The SQG must label
				its containment buildings with the words "Hazardous Waste" in a conspicuous
				place easily visible to employees, visitors, emergency responders, waste
				handlers, or other persons on site. The SQG must also provide in a conspicuous
				place an indication of the hazards of the contents. Examples include, but are
				not limited to, the applicable hazardous waste characteristics (i.e.,
				ignitable, corrosive, reactive, or toxic); hazard communication consistent with
				subpart E (Labeling) 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 (Hazard Communication),
				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. The SQG must also maintain both of the following:
A) The professional engineer certification
				that the building complies with the design standards specified in 35 Ill. Adm.
				Code
				725.1101.
				This certification must be in the generator's files prior to operation of the
				unit; and
B) The following records,
				by use of inventory logs, monitoring equipment, or any other effective means:
i) A written description of procedures to
				ensure that each waste volume remains in the unit for no more than 90 days, a
				written description of the waste generation and management practices for the
				facility showing that the generator is consistent with maintaining the 90 day
				limit, and documentation that the SQG complies with the procedures;
				or
ii) Documentation that the SQG
				empties the unit at least once every 90 days.
iii) The SQG must maintain inventory logs or
				records with the above information on site and readily available for
				inspection.
6) Labeling and Marking of Containers and
				Tanks
A) Containers. An SQG must mark or
				label its containers with the following:
i)
				The words "Hazardous Waste";
ii) An
				indication of the hazards of the contents. Examples include, but are not
				limited to, the applicable hazardous waste characteristics (i.e., ignitable,
				corrosive, reactive, or toxic); hazard communication consistent with subpart E
				(Labeling) 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 (Hazard Communication),
				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; and
iii) The date upon
				which each period of accumulation begins clearly visible for inspection on each
				container.
B) Tanks. An
				SQG accumulating hazardous waste in tanks must do the following:
i) Mark or label its tanks with the words
				"Hazardous Waste";
ii) Mark or
				label its tanks with an indication of the hazards of the contents. Examples
				include, but are not limited to, the applicable hazardous waste characteristics
				(i.e., ignitable, corrosive, reactive, or toxic); hazard communication
				consistent with subpart E (Labeling) 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 (Hazard Communication),
				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;
iii) Use inventory logs,
				monitoring equipment, or other records to demonstrate that hazardous waste has
				been emptied within 180 days of first entering the tank if using a batch
				process or, in the case of a tank with a continuous flow process, demonstrate
				that estimated volumes of hazardous waste entering the tank daily exit the tank
				within 180 days of first entering; and
iv) Keep inventory logs or records with the
				above information on site and readily available for inspection.
7) Land Disposal
				Restrictions. An SQG must comply with all the applicable requirements under 35
				Ill. Adm. Code 728.
8) Preparedness
				and Prevention
A) Maintenance and Operation
				of Facility. An SQG must maintain and operate its facility to minimize the
				possibility of a fire, explosion, or any unplanned sudden or non-sudden release
				of hazardous waste or hazardous waste constituents to air, soil, or surface
				water that could threaten human health or the environment.
B) Required Equipment. An SQG must equip all
				areas where hazardous waste is either generated or accumulated with the items
				in subsections (b)(8)(B)(i) through (b)(8)(B)(iv) (unless none of the hazards
				posed by waste handled at the facility could require a particular kind of
				equipment specified below or the actual waste generation or accumulation area
				does not lend itself for safety reasons to have a particular kind of equipment
				specified below). An SQG may determine the most appropriate places to locate
				equipment necessary to prepare for and respond to emergencies.
i) An internal communications or alarm system
				capable of providing immediate emergency instruction (voice or signal) to
				facility personnel;
ii) A device,
				such as a telephone (immediately available at the scene of operations) or a
				hand-held two-way radio, capable of summoning emergency assistance from local
				police departments, fire departments, or State or local emergency response
				teams;
iii) Portable fire
				extinguishers, fire control equipment (including special extinguishing
				equipment, such as that using foam, inert gas, or dry chemicals), spill control
				equipment, and decontamination equipment; and
iv) Water at adequate volume and pressure to
				supply water hose streams, foam producing equipment, automatic sprinklers, or
				water spray systems.
C)
				Testing and Maintenance of Equipment. The SQG must test and maintain all
				communications or alarm systems, fire protection equipment, spill control
				equipment, and decontamination equipment, if required, as necessary to assure
				its proper operation in time of emergency.
D) Access to Communications or Alarm System
i) Whenever the SQG pours, mixes, spreads, or
				otherwise handles hazardous waste, all personnel involved in the operation must
				have immediate access (i.e., direct or unimpeded access) to an internal alarm
				or emergency communication device, either directly or through visual or voice
				contact with another employee, unless such a device is not required under
				subsection (a)(8)(B).
ii) When
				there is just one employee on the premises while the facility is operating, the
				employee must have immediate access (i.e., direct or unimpeded access) to a
				device, such as a telephone (immediately available at the scene of operation)
				or a hand-held two-way radio, that is capable of summoning external emergency
				assistance, unless such a device is not required under subsection
				(a)(8)(B).
E) Required
				Aisle Space. The SQG must maintain aisle space that allows the unobstructed
				movement of personnel, fire protection equipment, spill control equipment, and
				decontamination equipment to any area of facility operation in an emergency,
				unless aisle space is not needed for any of these purposes.
F) Arrangements with Local Authorities
i) The SQG must attempt to make arrangements
				with the local police department, fire department, other emergency response
				teams, emergency response contractors, equipment suppliers, and local
				hospitals, taking into account the types and quantities of hazardous wastes
				handled at the facility. Arrangements may be made with the Local Emergency
				Planning Committee, if this is the appropriate organization with which to make
				arrangements. An SQG attempting to make arrangements with its local fire
				department must determine the potential need for the services of the local
				police department, other emergency response teams, emergency response
				contractors, equipment suppliers, and local hospitals. As part of this
				coordination, the SQG must attempt to make arrangements, as necessary, to
				familiarize the above organizations with the layout of the facility, the
				properties of hazardous waste handled at the facility and associated hazards,
				places where facility personnel would normally be working, entrances to roads
				inside the facility, and possible evacuation routes, as well as the types of
				injuries or illnesses that could result from fires, explosions, or releases at
				the facility. If more than one police or fire department might respond to an
				emergency, the SQG must attempt to make arrangements designating primary
				emergency authority to a specific fire or police department and with any others
				to provide support to the primary emergency authority.
BOARD NOTE: The State Emergency Response Commission (SERC)
				  maintains an on-line listing of Local Emergency Planning Committees in Illinois
				  by jurisdiction:
www.illinois.gov/iema/Preparedness/SERC/Documents/LEPC_ReleaseReportingContactList.pdf
.
ii) An SQG must maintain records
				documenting the arrangements with the local fire department as well as any
				other organization necessary to respond to an emergency. This documentation
				must include documentation in the operating record that either confirms these
				arrangements actively exist or, in cases where no arrangements exist,
				confirming that the SQG attempted to make these arrangements.
iii) A facility possessing 24-hour response
				capabilities may seek a waiver from the authority having jurisdiction over the
				fire code within Illinois or the facility's locality, as far as needing to make
				arrangements with the local fire department as well as any other organization
				necessary to respond to an emergency, provided that the SQG documents the
				waiver in the operating record.
9) Emergency Procedures. The SQG must comply
				with the following conditions for those areas of the generator facility where
				hazardous waste is generated and accumulated:
A) At all times, at least one employee must
				be either on the premises or on call (i.e., available to respond to an
				emergency by reaching the facility within a short period of time) with the
				responsibility for coordinating all emergency response measures specified in
				subsection (b)(9)(D). This employee is the emergency coordinator.
B) The SQG must post the following
				information next to telephones or in areas directly involved in the generation
				and accumulation of hazardous waste:
i) The
				name and emergency telephone number of the emergency coordinator;
ii) The location of fire extinguishers and
				spill control material, and, if present, fire alarm; and
iii) The telephone number of the fire
				department, unless the facility has a direct alarm.
C) The SQG must ensure that all employees are
				thoroughly familiar with proper waste handling and emergency procedures that
				are relevant to their responsibilities during normal facility operations and
				emergencies;
D) The emergency
				coordinator or his or her designee must respond to any emergencies that arise.
				The required responses are the following:
i)
				In the event of a fire, the emergency coordinator must call the fire department
				or attempt to extinguish the fire using a fire extinguisher;
ii) When a spill occurs, the SQG must contain
				the flow of hazardous waste to the extent possible and, as soon as is
				practicable, clean up the hazardous waste and any contaminated materials or
				soil. The SQG can either itself conduct this containment and cleanup or have a
				contractor perform the work on its behalf;
iii) When a fire, explosion, or other release
				occurs that could threaten human health outside the facility, or when the SQG
				has knowledge that a spill has reached surface water, the SQG must immediately
				notify the National Response Center (using the 24-hour toll free number,
				800-424-8802). The report must include the name, address, and USEPA
				identification number of the SQG; the date, time, and type of incident
				(
e.g.,
spill or fire); the quantity and type of hazardous
				waste involved in the incident; the extent of any injuries; and the estimated
				quantity and disposition of any recovered materials.