reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 709 - WASTESTREAM AUTHORIZATIONS › Subpart C - APPLICATIONS › Section 709.301 - Application for Liquid Hazardous Waste

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency shall promulgate standardized application forms
				  for liquid hazardous waste authorizations. Applications for liquid hazardous
				  waste authorizations must be made on such forms after they become available.
				  Until such time, applicants must provide the following minimal
				  information:
a) The name, address and
				phone number of the original generator;
b) The original generator's United States
				Environmental Protection Agency (USEPA) identification number (35 Ill. Adm.
				Code
				722.122 ) and
				Agency identification number;
c)
				The name of the waste;
d) The
				source of the waste;
e) USEPA
				hazardous waste code(s) (35 Ill. Adm. Code 721);
f) The name and address(es) of any treater(s)
				of the waste;
g) Each treater's
				USEPA identification number and Agency site number, if applicable;
h) Whether any treater has a RCRA permit or
				interim status;
i) A detailed
				chemical and physical analysis of a representative sample of the waste. At a
				minimum, this analysis must contain all of the information which must be known
				to treat, store or dispose of the waste in accordance with the wastestream
				authorization sought.
j) The
				quantity or rate at which the waste is generated.
k) A plan for sampling the waste by the
				original generator or treater (including frequency) to assure that the
				wastestream continues to conform to the analysis in the application;
l) A description of any treatment
				processes;
m) Sufficient facts to
				show that the wastestream meets one of the standards for issuance of a
				wastestream authorization (Section
				709.401
				);
n) Identification of the
				disposal site or sites to which the applicant proposes to send the
				waste;
o) Wastestream number of any
				supplement wastestream permit issued for the waste pursuant to 35 Ill. Adm.
				Code
				807.210, and
				the expiration date of any such permit.
p) Such additional information as the
				generator believes is necessary to show that the wastestream may be disposed in
				accordance with the Act and Board regulations.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 709 - WASTESTREAM AUTHORIZATIONS › Subpart C - APPLICATIONS › Section 709.302 - Signatures

Current through Register Vol. 48, No. 28, July 12, 2024
Applications shall be signed by the original generator or
				  treater of the waste. Otherwise, the original generator or treater of the waste
				  may authorize a permitted disposer or transporter to act on its
				  behalf.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 709 - WASTESTREAM AUTHORIZATIONS › Subpart D - REVIEW OF WASTESTREAMS › Section 709.401 - Standard for Issuance for Liquid Hazardous Waste

Current through Register Vol. 48, No. 28, July 12, 2024
a) Liquids: The Agency shall issue a
				wastestream authorization for the land disposal of a liquid hazardous waste
				only after the generator has reasonably demonstrated that the wastestream meets
				the standard of 35 Ill. Adm. Code
				729.310(a),
				and that land disposal is not prohibited or limited by Board regulations.
				(Section 22.6(c) of the Act)
b)
				Residuals: The Agency shall issue a wastestream authorization for the land
				disposal of the residual from the treatment of a liquid hazardous waste if and
				only if the original generator or treater demonstrates that the residual meets
				one of the standards of 35 Ill. Adm. Code
				729.310(b),
				and that land disposal is not prohibited or limited by Board
				regulations.
c) Negative Finding:
				For wastes which are neither a liquid hazardous waste nor a residual from the
				treatment of a liquid hazardous waste, the Agency may issue a wastestream
				authorization upon a finding that the wastestream is not subject to any other
				landfilling prohibition.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 709 - WASTESTREAM AUTHORIZATIONS › Subpart E - CONDITIONS OF WASTESTREAM AUTHORIZATIONS › Section 709.510 - General Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
In granting a wastestream authorization the Agency may impose
				  such conditions as may be necessary to accomplish the purposes of the Act and
				  which are consistent with Board Regulations, including requirements for the
				  periodic testing of the wastestream to verify that it continues to meet one of
				  the standards of 35 Ill. Adm. Code
				  729.310.
				  (Section 22.6(c) of the Act)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 709 - WASTESTREAM AUTHORIZATIONS › Subpart E - CONDITIONS OF WASTESTREAM AUTHORIZATIONS › Section 709.520 - Authorized Methods of Disposal

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency shall include conditions
				prohibiting methods of treatment or disposal which would result in violation of
				the Act or Board rules.
b) The
				Agency shall include conditions authorizing disposal in accordance with the Act
				and Board regulations. Such conditions shall identify landfills authorized to
				receive the waste. Such identification shall be either by name of specific
				landfills, or by classification.
c)
				The Agency shall require the addition of absorbent materials to liquid
				hazardous waste authorized pursuant to Section
				709.401(a)
				in accordance with 35 Ill. Adm. Code
				724.414
				or
				725.414.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 709 - WASTESTREAM AUTHORIZATIONS › Subpart F - MODIFICATION, REVOCATION AND APPEAL › Section 709.601 - Modification

Current through Register Vol. 48, No. 28, July 12, 2024
a) A wastestream
				authorization may be modified pursuant to the application described in Section
				709.301.
b) After giving 60 days notice to the
				original generator and any treater, the Agency shall modify any wastestream
				authorization to make it consistent with newly adopted provisions of the Act or
				Board regulations.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 709 - WASTESTREAM AUTHORIZATIONS › Subpart F - MODIFICATION, REVOCATION AND APPEAL › Section 709.602 - Revocation

Current through Register Vol. 48, No. 28, July 12, 2024
Wastestream authorizations may be revoked by the Board
				  pursuant to an enforcement action under Title VIII of the
				  Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 709 - WASTESTREAM AUTHORIZATIONS › Subpart F - MODIFICATION, REVOCATION AND APPEAL › Section 709.603 - Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
Denial of a wastestream authorization, or issuance with
				  conditions, may be appealed by the applicant to the Board pursuant to Title X
				  of the Act and 35 Ill. Adm. Code 105.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 720 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL › Subpart A - GENERAL PROVISIONS › Section 720.101 - Purpose, Scope, and Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
				provides definitions of terms, general standards, and overview information
				applicable to 35 Ill. Adm. Code 720 through 728, 733, 738, and 739.
b) In this Part:
1) Section 720.102 provides the rules that
				the Board and the Agency will use in making information it receives available
				to the public and the requirements that a generator, transporter, or owner or
				operator of a treatment, storage, or disposal facility must follow to assert
				claims of business confidentiality with respect to information that is
				submitted to the Board or the Agency for the purpose of complying with 35 Ill.
				Adm. Code 720 through 728, 733, 738, and 739.
2) Section 720.103 establishes rules of
				grammatical construction for the purpose of complying with 35 Ill. Adm. Code
				720 through 728, 733, 738, and 739.
3) Section 720.110 defines terms that are
				used in 35 Ill. Adm. Code 720 through 728, 733, 738, and 739.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 720 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL › Subpart A - GENERAL PROVISIONS › Section 720.102 - Availability of Information; Confidentiality of Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) Availability and confidentiality of
				information is governed by Illinois law, including Sections 7 and 7.1 of the
				Act and 35 Ill. Adm. Code 130.
b)
				Except as provided under subsections (c) and (d), any person who submits
				information to the Board or the Agency under this Part or 35 Ill. Adm. Code 721
				through 728 may assert a claim of business confidentiality by following the
				procedures in 35 Ill. Adm. Code 130. Information covered by the claim will be
				disclosed by the Board or the Agency only to the extent, and by means of the
				procedures, provided in 35 Ill. Adm. Code 130.
c) Public Disclosure of Hazardous Waste
				Manifest Documents
1) No claim of business
				confidentiality may be asserted by any person with respect to information
				entered on a hazardous waste manifest (USEPA Form 8700-22), a Hazardous Waste
				Manifest Continuation Sheet (USEPA Form 8700-22A), or an e-Manifest format that
				may be prepared and used in accordance with 35 Ill. Adm. Code
				722.120(a)(3).
2) USEPA has stated
				that it will make any e-Manifest that is prepared and used under 35 Ill. Adm.
				Code 722.120(a)(3), or any paper manifest that is submitted to the e-Manifest
				System under 35 Ill. Adm. Code 724.171(a)(6) or 725.171(a)(6) available to the
				public under this Section when the electronic or paper manifest is a complete
				and final document. E-Manifests and paper manifests submitted to the e-Manifest
				System are complete and final documents, and they become publicly available
				information, after 90 days have passed since the delivery to the designated
				facility of the hazardous waste shipment identified in the manifest.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 720 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL › Subpart A - GENERAL PROVISIONS › Section 720.103 - Use of Number and Gender

Current through Register Vol. 48, No. 28, July 12, 2024
As used in 35 Ill. Adm. Code 720 through 728, 730, 733, 738,
				  and 739:
a) Words in any of the
				masculine, feminine, or neuter genders also includes the other two;
b) Words in the singular include the plural;
				and
c) Words in the plural include
				the singular.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 720 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL › Subpart A - GENERAL PROVISIONS › Section 720.104 - Manifest Copy Submission Requirements for Certain Interstate Waste Shipments

Current through Register Vol. 48, No. 28, July 12, 2024
If the state in which waste is generated or the state in
				  which waste will be transported to a designated facility requires that the
				  waste be regulated as a hazardous waste or otherwise be tracked through a
				  hazardous waste manifest, the designated facility that receives the waste must,
				  regardless of the state in which the designated facility is located must do the
				  following:
a) Complete the facility
				portion of the applicable manifest;
b) Sign and date the facility
				certification;
c) Submit to the
				e-Manifest System a final copy of the manifest for data processing purposes;
				and
d) Pay the appropriate per
				manifest fee to USEPA for each manifest submitted to the e-Manifest System,
				subject to the fee determination methodology, payment methods, dispute
				procedures, sanctions, and other fee requirements specified in subpart FF of
				the applicable of  40 CFR 264 or 265, each incorporated by reference in Section
				720.111.
BOARD NOTE: Subsection (g) is derived from
					 40 CFR
					 3.2(c) (2017).
BOARD NOTE: Derived from 40 CFR 3,
					 145.11(a)(33),
					 271.10(b),
					 271.11(b),
					 and
					 271.12(h)
					 (2017).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 720 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL › Subpart A - GENERAL PROVISIONS › Section 720.105 - Applicability of Electronic Manifest System and User Fee Requirements to Facilities Receiving State-Only Regulated Waste Shipments

Current through Register Vol. 48, No. 28, July 12, 2024
a) For this Section, "state-only regulated
				waste" means one of the following:
1) A waste
				that is not hazardous waste but for which a state regulatory program requires
				use of a manifest (USEPA Form 8700-22); or
2) A hazardous waste that is federally exempt
				from manifest requirements but not exempt from manifest requirements under
				state law.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 720 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL › Subpart A - GENERAL PROVISIONS › Section 720.109 - Electronic Reporting

Current through Register Vol. 48, No. 28, July 12, 2024
a) Scope and
				Applicability
1) The USEPA, the Board, or the
				Agency may allow for submitting any document as an electronic document in lieu
				of a paper document. This Section does not require submitting electronic
				documents in lieu of paper documents. This Section specifies the requirements
				for any document that must be submitted to the appropriate of the following:
A) To USEPA directly under Title 40 of the
				Code of Federal Regulations; or
B)
				To the Board or the Agency under any provision of 35 Ill. Adm. Code 702 through
				705, 720 through 728, 730, 733, 738, or 739.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 720 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL › Subpart C - RULEMAKING PETITIONS AND OTHER PROCEDURES › Section 720.120 - Rulemaking

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person may petition the Board to adopt
				as State regulations rules that are identical in substance with newly adopted
				federal amendments or regulations. The petition must take the form of a
				proposal for rulemaking under 35 Ill. Adm. Code 102. The proposal must include
				a listing of all amendments to  40 CFR 260 through 268, 273, or 279  that have
				been made since the last preceding amendment or proposal to amend 35 Ill. Adm.
				Code 720 through 728, 733, or 739, under Section 22.4(a) of the Act.
b) Any person may petition the Board to adopt
				amendments or additional regulations not identical in substance with federal
				regulations. The proposal must conform to 35 Ill. Adm. Code 102 and Section
				22.4(b) or 22.4(c) and Title VII of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 720 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL › Subpart C - RULEMAKING PETITIONS AND OTHER PROCEDURES › Section 720.121 - Alternative Equivalent Testing Methods

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Agency has no authority to alter the universe of regulated wastes.
				Modification of testing methods that are stated in 35 Ill. Adm. Code 721
				requires rulemaking under Section 720.120. However, deviation from these
				methods is allowed under 35 Ill. Adm. Code 721, as observed, for example, in
				the Board Note appended to 35 Ill. Adm. Code 721.120(c).
b) The Agency may approve alternative
				equivalent testing methods for a particular person's use to determine whether
				specified waste streams are subject to these regulations. This must be done by
				permit condition or letter. Any petition to the Board or request to the Agency
				concerning alternative equivalent testing methods must include the information
				required by  40 CFR 260.21(b), incorporated by reference in 35 Ill. Adm. Code
				720.111(b).
c) The testing methods
				specified in 35 Ill. Adm. Code 721 or alternative equivalent testing methods
				approved by the Agency need not be applied to identify or distinguish waste
				streams that are known, admitted, or assumed to be subject to these
				regulations. In this case, any method may be used, subject to the Agency's
				authority to approve the testing procedures used.
d) If USEPA amends the federal regulations to
				allow the use of a new testing method, USEPA has stated that it will
				incorporate the new method by reference in  40 CFR 260.11  and add it to "Test
				Methods for Evaluating Solid Waste, Physical/Chemical Methods", USEPA
				publication number EPA-530/SW-846, incorporated by reference in Section
				720.111(b).
e) Alternative
				equivalent testing methods will not be approved if the result of the approval
				would make the Illinois RCRA Subtitle C program less than substantially
				equivalent to the federal.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 720 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL › Subpart C - RULEMAKING PETITIONS AND OTHER PROCEDURES › Section 720.122 - Waste Delisting

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person
				seeking to exclude a waste from a particular generating facility from the lists
				in Subpart D of 35 Ill. Adm. Code 721 may file a petition, as specified in
				subsection (n). The Board will grant the petition if the following occur:
1) The petitioner demonstrates that the waste
				produced by a particular generating facility does not meet any of the criteria
				under which the waste was listed as a hazardous or acute hazardous waste;
				and
2) The Board determines that
				there is a reasonable basis to believe that factors (including additional
				constituents) other than those for which the waste was listed could cause the
				waste to be a hazardous waste, that these factors do not warrant retaining the
				waste as a hazardous waste. A Board determination under the preceding sentence
				must be made by reliance on, and in a manner consistent with, "EPA RCRA
				Delisting Program - Guidance Manual for the Petitioner", incorporated by
				reference in Section 720.111(a). A waste that is so excluded, however, still
				may be a hazardous waste by operation of Subpart C of 35 Ill. Adm. Code
				721.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 720 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL › Subpart C - RULEMAKING PETITIONS AND OTHER PROCEDURES › Section 720.123 - Petitions for Regulation as Universal Waste

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Any person seeking to add a hazardous waste or a category of hazardous waste to
				the universal waste regulations of 35 Ill. Adm. Code 733 may petition for a
				regulatory amendment under this Section, Section 720.120, and Subpart G of 35
				Ill. Adm. Code 733.
b) Petition and
				Demonstration.
1) To be successful, the
				petitioner must demonstrate that regulation under the universal waste
				regulations of 35 Ill. Adm. Code 733:
A) Is
				appropriate for the waste or category of waste;
B) Will improve management practices for the
				waste or category of waste; and
C)
				Will improve implementing the hazardous waste program.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 720 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL › Subpart C - RULEMAKING PETITIONS AND OTHER PROCEDURES › Section 720.130 - Procedures for Solid Waste Determinations and Non-Waste Determinations

Current through Register Vol. 48, No. 28, July 12, 2024
In accordance with the standards and criteria in Sections
				  720.131
				  and
				  720.134
				  and the procedures in Section
				  720.133,
				  the Board will determine on a case-by-case basis that the following recycled
				  materials are not solid wastes:
a)
				Materials that are accumulated speculatively without sufficient amounts being
				recycled (as defined in 35 Ill. Adm. Code
				721.101(c)(8)
				);
b) Materials that are reclaimed
				and then reused within the original production process in which they were
				generated;
c) Materials that have
				been reclaimed but must be reclaimed further before the materials are
				completely recovered;
d) Hazardous
				secondary materials that are reclaimed in a continuous industrial process;
				and
e) Hazardous secondary
				materials that are indistinguishable in all relevant aspects from a product or
				intermediate.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 720 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL › Subpart C - RULEMAKING PETITIONS AND OTHER PROCEDURES › Section 720.131 - Solid Waste Determinations

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Board
				will determine that those materials that are accumulated speculatively without
				enough being recycled are not solid wastes if the applicant demonstrates that
				enough material will be recycled or transferred for recycling in the following
				year. This Board determination is valid only for the following year, but can be
				renewed, on an annual basis, by filing a new application. This determination
				will be based on the following criteria:
1)
				The manner in which the material is expected to be recycled, when the material
				is expected to be recycled, and whether this expected disposition is likely to
				occur (for example, because of past practice, market factors, the nature of the
				material or contractual arrangements for recycling);
2) The reason that the applicant has
				accumulated the material for one or more years without recycling 75 percent of
				the volume accumulated at the beginning of the year;
3) The quantity of material already
				accumulated and the quantity expected to be generated and accumulated before
				the material is recycled;
4) The
				extent to which the material is handled to minimize loss; and
5) Other relevant factors.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 720 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL › Subpart C - RULEMAKING PETITIONS AND OTHER PROCEDURES › Section 720.132 - Boiler Determinations

Current through Register Vol. 48, No. 28, July 12, 2024
In accordance with the standards and criteria in Section
				  720.110
				  (definition of "boiler"), and the procedures in
				  720.133,
				  the Board will determine on a case-by-case basis that certain enclosed devices
				  using controlled flame combustion are boilers, even though they do not
				  otherwise meet the definition of boiler contained in Section 720.110, after
				  considering the following criteria:
a)
				The extent to which the unit has provisions for recovering and exporting
				thermal energy in the form of steam, heated fluids or heated gases;
b) The extent to which the combustion chamber
				and energy recovery equipment are of integral design;
c) The efficiency of energy recovery,
				calculated in terms of the recovered energy compared with the thermal value of
				the fuel;
d) The extent to which
				exported energy is utilized;
e) The
				extent to which the device is in common and customary use as a "boiler"
				functioning primarily to produce steam, heated fluids or heated gases;
				and
f) Other relevant
				factors.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 720 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL › Subpart C - RULEMAKING PETITIONS AND OTHER PROCEDURES › Section 720.133 - Procedures for Determinations

Current through Register Vol. 48, No. 28, July 12, 2024
The Board will use the procedures of Subpart D of 35 Ill.
				  Adm. Code 104 for determining whether a material is a solid waste, for
				  determining that a hazardous secondary material is managed at a verified
				  facility, for determining whether a particular enclosed flame combustion device
				  is a boiler, or for evaluating an application for a non-waste
				  determination.
a) The application must
				address the relevant criteria contained in Section 720.131, 720.132, or
				720.134, as applicable.
b) This
				subsection (b) corresponds with  40 CFR 260.33(b), which pertains to the USEPA
				procedure for review of petitions. This statement maintains structural
				consistency with USEPA rules.
c)
				Changed Circumstances.
1) If a change in
				circumstances that affects how a hazardous secondary material meets the
				relevant criteria contained in Section 720.131, 720.132, or 720.134 upon which
				a solid waste, verified facility, or non-waste determination has been based,
				the applicant must submit a description of the change in circumstances to the
				Board as a petition for adjusted standard that requests modifying the
				previously granted solid waste, boiler, or non-waste determination under which
				the petitioner operates or, in the alternative, a Board order that no such
				modification is necessary.
2) The
				Board will do the following:
A) determine,
				based on the record, whether the hazardous secondary material continues to meet
				the relevant criteria that justify exclusion from definition as solid waste;
				and
B) issue an appropriate order
				granting or denying the petition.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 720 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL › Subpart C - RULEMAKING PETITIONS AND OTHER PROCEDURES › Section 720.134 - Non-Waste Determinations

Current through Register Vol. 48, No. 28, July 12, 2024
a) A person
				generating, managing, or reclaiming hazardous secondary material may petition
				the Board under this Section, Section 720.133 and Section 28.2 of the Act for
				an adjusted standard that is a formal determination that a hazardous secondary
				material is not discarded and therefore is not a solid waste. The Board's
				adjusted standard determination will be based on the criteria contained in
				either subsection (b) or (c), as applicable. If the Board denies the petition,
				the hazardous secondary material might still be eligible for a solid waste
				determination or verified facility determination under Section 720.131 or an
				exclusion. A determination made by the Board under this Section becomes
				effective upon occurrence of the first of the following two events:
1) After USEPA has authorized Illinois to
				administer this segment of the hazardous waste regulations, the determination
				is effective upon issuance of the Board order that grants the non-waste
				determination; or
2) Before USEPA
				has granted authorization, the non-waste determination becomes effective upon
				fulfillment of the following conditions:
A)
				The Board has granted an adjusted standard that determines that the hazardous
				secondary material meets the criteria in either subsection (b) or (c), as
				applicable;
B) The Agency has
				requested that USEPA review the Board's non-waste determination; and
C) USEPA has approved the Board's non-waste
				determination.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 720 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL › Subpart C - RULEMAKING PETITIONS AND OTHER PROCEDURES › Section 720.140 - Additional Regulation of Certain Hazardous Waste Recycling Activities on a Case-by-Case Basis

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency
				may decide on a case-by-case basis that persons accumulating or storing the
				recyclable materials described in 35 Ill. Adm. Code 721.106(a)(2)(C) should be
				regulated under 35 Ill. Adm. Code 721.106(b) and (c) rather than under the
				provisions of Subpart F of 35 Ill. Adm. Code 726. The basis for this decision
				is that the materials are being accumulated or stored in a manner that does not
				protect human health and the environment because the materials or their toxic
				constituents have not been adequately contained, or because the materials being
				accumulated or stored together are incompatible. In making this decision, the
				Agency must consider the following factors:
1)
				The types and amounts of materials accumulated or stored;
2) The method of accumulation or
				storage;
3) The length of time the
				materials have been accumulated or stored before being reclaimed;
4) Whether any contaminants are being
				released into the environment, or are likely to be so released; and
5) Other relevant factors.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 720 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL › Subpart C - RULEMAKING PETITIONS AND OTHER PROCEDURES › Section 720.141 - Procedures for Case-by-Case Regulation of Hazardous Waste Recycling Activities

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must use the following procedures when determining
				  whether to regulate hazardous waste recycling activities described in 35 Ill.
				  Adm. Code 721.106(a)(2)(C) under the provisions of 35 Ill. Adm. Code 721.106(b)
				  and (c) rather than under the provisions of Subpart F of 35 Ill. Adm. Code
				  726.
a) If a generator is accumulating
				the waste, the Agency must issue a notice stating the factual basis for the
				decision and stating that the person must comply with the applicable
				requirements of Subparts A, C, D and E of 35 Ill. Adm. Code 722. The notice
				will become final within 30 days unless the person served requests a public
				hearing to challenge the decision. Upon receiving a request, the Agency must
				hold a public hearing. The Agency must provide notice of the hearing to the
				public and allow public participation at the hearing. The Agency must issue a
				final written memorandum of decision after the hearing stating whether
				complying with 35 Ill. Adm. Code 722 is required, and stating the reasons for
				the Agency's decision, including all findings of fact and conclusions of law.
				The memorandum of decision will constitute a final administrative action and
				may be appealed to the Board. The decision becomes effective 35 days after
				service of the decision unless the Agency specifies a later date or unless an
				appeal has been filed with the Board. The decision may be appealed to the Board
				by any person who participated in the hearing. Proceedings before the Board
				must be according to the rules in 35 Ill. Adm. Code 105.
b) If the person is accumulating the
				recyclable material as a storage facility, the notice must state that the
				person must obtain a permit in accordance with all applicable provisions of 35
				Ill. Adm. Code 702, 703, and 705. The owner or operator of the facility must
				apply for a permit within no less than 60 days and no more than six months
				after notice, as specified in the notice. If the owner or operator of the
				facility wishes to challenge the Agency's decision, it may do so in its permit
				application, in a public hearing held on the draft permit, or in comments filed
				on the draft permit or on the notice of intent to deny the permit. The fact
				sheet accompanying the permit will specify the reasons for the Agency's
				determination. The question of whether the Agency's decision was proper will
				remain open for consideration during the public comment period discussed under
				Subparts D and E of 35 Ill. Adm. Code 705, and in any subsequent
				hearing.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 720 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL › Subpart C - RULEMAKING PETITIONS AND OTHER PROCEDURES › Section 720.142 - Notification Requirement for Hazardous Secondary Materials

Current through Register Vol. 48, No. 28, July 12, 2024
a) A facility that manages hazardous
				secondary materials that are excluded from regulation under 35 Ill. Adm. Code
				721.104(a)(23), (a)(24), or (a)(27) must send a notification to the Agency,
				Bureau of Land. The notification must occur prior to operating under the
				regulatory provision and before March 1 of every even-numbered calendar year
				thereafter using a copy of Notification of RCRA Subtitle C Activities (Site
				Identification Form) (USEPA Form 8700-12). The notification must include the
				following information:
1) The name, address,
				and USEPA identification number (if applicable) of the facility;
2) The name and telephone number of a contact
				person for the facility;
3) The
				NAICS code of the facility; Determined using the "North American Industry
				Classification System", incorporated by reference in Section 720.111.
4) The regulation under which the facility
				will manage the hazardous secondary materials;
5) For reclaimers and intermediate facilities
				managing hazardous secondary materials under 35 Ill. Adm. Code 721.104(a)(24)
				or (a)(25), whether the reclaimer or intermediate facility has financial
				assurance (not applicable for persons managing hazardous secondary materials
				generated and reclaimed under the control of the generator);
6) When the facility began or expects to
				begin managing the hazardous secondary materials in accordance with the
				regulation;
7) A list of hazardous
				secondary materials that the facility will manage according to the regulation
				(reported as the USEPA hazardous waste numbers that would apply if the
				hazardous secondary materials were managed as hazardous wastes);
8) For each hazardous secondary material,
				whether the hazardous secondary material, or any portion thereof, will be
				managed in a land-based unit;
9)
				The quantity of each hazardous secondary material to be managed annually;
				and
10) The certification (included
				in USEPA Form 8700-12) signed and dated by an authorized representative of the
				facility.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 720 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL › Subpart C - RULEMAKING PETITIONS AND OTHER PROCEDURES › Section 720.143 - Legitimate Recycling of Hazardous Secondary Materials

Current through Register Vol. 48, No. 28, July 12, 2024
a) Recycling of hazardous secondary materials
				for the exclusions or exemptions from the hazardous waste regulations must be
				legitimate. Hazardous secondary material that is not the subject of legitimate
				recycling is discarded material and is a solid waste. A determination that an
				activity is legitimate recycling must address this subsection (a) and must
				consider subsection (b).
1) Legitimate
				recycling must involve a hazardous secondary material that provides a useful
				contribution to the recycling process or to a product or intermediate of the
				recycling process. The hazardous secondary material provides a useful
				contribution if it fulfills one of the following criteria:
A) The material contributes valuable
				ingredients to a product or intermediate;
B) The material replaces a catalyst or
				carrier in the recycling process;
C) The material is the source of a valuable
				constituent recovered in the recycling process;
D) The material is recovered or regenerated
				by the recycling process; or
E) The
				material is used as an effective substitute for a commercial product.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 720 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL › Subpart C - RULEMAKING PETITIONS AND OTHER PROCEDURES › Appendix A - Overview of Federal RCRSubtitle C (Hazardous Waste) Regulations (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 721 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subpart A - GENERAL PROVISIONS › Section 721.101 - Purpose and Scope

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
				identifies those solid wastes that are subject to regulation as hazardous
				wastes under 35 Ill. Adm. Code 702, 703, and 722 through 728, and which are
				subject to the notification requirements of section 3010 of RCRA (
				42 USC 6930 ). In
				this Part:
1) Subpart A defines the terms
				"solid waste" and "hazardous waste", identifies those wastes that are excluded
				from regulation under 35 Ill. Adm. Code 702, 703, and 722 through 728, and
				establishes special management requirements for hazardous waste produced by
				VSQGs and hazardous waste that is recycled.
2) Subpart B sets forth the criteria used to
				identify characteristics of hazardous waste and to list particular hazardous
				wastes.
3) Subpart C identifies
				characteristics of hazardous wastes.
4) Subpart D lists particular hazardous
				wastes.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 721 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subpart A - GENERAL PROVISIONS › Section 721.102 - Definition of Solid Waste

Current through Register Vol. 48, No. 28, July 12, 2024
a) Solid
				Waste
1) A solid waste is any discarded
				material that is not excluded pursuant to Section
				721.104(a)
				or that is not excluded pursuant to 35 Ill. Adm. Code
				720.130
				and
				720.131
				or 35 Ill. Adm. Code
				720.130
				and
				720.134.
2) Discarded Material
A) A discarded material is any material that
				is described as follows:
i) It is abandoned,
				as described in subsection (b);
ii)
				It is recycled, as described in subsection (c);
iii) It is considered inherently waste-like,
				as described in subsection (d); or
iv) It is a military munition identified as a
				solid waste in 35 Ill. Adm. Code
				726.302.
B) This subsection (a)(2)(B)
				corresponds with
				40 CFR
				261.2(a)(2)(ii), which USEPA
				has removed and marked "reserved". This statement maintains structural
				consistency with the corresponding federal regulations.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 721 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subpart A - GENERAL PROVISIONS › Section 721.104 - Exclusions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Materials That
				Are Not Solid Wastes. The following materials are not solid wastes for the
				purpose of this Part:
1) Sewage.
A) Domestic sewage (untreated sanitary wastes
				that pass through a sewer system); and
B) Any mixture of domestic sewage and other
				waste that passes through a sewer system to publicly-owned treatment works for
				treatment, except as prohibited by 35 Ill. Adm. Code 726.605 and
				40 CFR
				403.5(b), incorporated by
				reference in 35 Ill. Adm. Code
				720.111.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 721 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subpart A - GENERAL PROVISIONS › Section 721.107 - Residues of Hazardous Waste in Empty Containers

Current through Register Vol. 48, No. 28, July 12, 2024
a) Applicability of rules.
1) Any hazardous waste remaining in either an
				empty container or an inner liner removed from an empty container, as defined
				in subsection (b), is not subject to regulation under 35 Ill. Adm. Code 702,
				703, or 721 through 728, or to the notification requirements of Section 3010 of
				the Resource Conservation and Recovery Act.
2) Any hazardous waste in either a container
				that is not empty or an inner liner that is removed from a container that is
				not empty, as defined in subsection (b), is subject to regulations under 35
				Ill. Adm. Code 702, 703, and 721 through 728 and to the notification
				requirements of Section 3010 of the Resource Conservation and Recovery
				Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 721 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subpart A - GENERAL PROVISIONS › Section 721.108 - PCB Wastes Regulated under TSCA

Current through Register Vol. 48, No. 28, July 12, 2024
Polychlorinatedbiphenyl-(PCB-)containing dielectric fluid and
				  electric equipment containing such fluid are exempt from regulation under 35
				  Ill. Adm. Code 702, 703, and 721 through 728, and from the notification
				  requirements of Section 3010 of RCRA (
				  42 USC 6930 ) if
				  the following conditions are fulfilled with regard to the fluid:
a) The fluid is authorized for use and
				regulated pursuant to federal 40 CFR 761; and
b) The fluid is hazardous only because it
				fails the test for toxicity characteristic (hazardous waste numbers D018
				through D043 only).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 721 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subpart A - GENERAL PROVISIONS › Section 721.109 - Requirements for Universal Waste

Current through Register Vol. 48, No. 28, July 12, 2024
The wastes listed in this Section are exempt from regulation
				  under 35 Ill. Adm. Code 702, 703, 722 through 726, and 728, except as specified
				  in 35 Ill. Adm. Code 733, and are therefore not fully regulated as hazardous
				  waste. The following wastes are subject to regulation under 35 Ill. Adm. Code
				  733:
a) Batteries, as described in 35
				Ill. Adm. Code
				733.102;
b) Pesticides, as described in 35 Ill. Adm.
				Code
				733.103;
c) Mercury-containing equipment, as described
				in 35 Ill. Adm. Code
				733.104;
d) Lamps, as described in 35 Ill. Adm. Code
				733.105;
				and
e) Aerosol cans, as described
				in 35 Ill. Adm. Code
				733.106.
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 721.110 - Criteria for Identifying the Characteristics of Hazardous Waste

Current through Register Vol. 48, No. 28, July 12, 2024
a) USEPA stated in
				corresponding federal
				40
				CFR 261.10 that it identifies and defines a
				characteristic of hazardous waste in Subpart C only upon determining the
				following:
1) That a solid waste that
				exhibits the characteristic may do either of the following:
A) It could cause, or significantly
				contribute to, an increase in mortality or an increase in serious irreversible,
				or incapacitating reversible, illness; or
B) It could pose a substantial present or
				potential hazard to human health or the environment when it is improperly
				treated, stored, transported, disposed of or otherwise managed; and
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 721 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subpart C - CHARACTERISTICS OF HAZARDOUS WASTE › Section 721.120 - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) A solid waste, as defined in Section
				721.102, that is not excluded from regulation as a hazardous waste under
				Section 721.104(b), is a hazardous waste if it exhibits any of the
				characteristics identified in this Subpart C.
BOARD NOTE: 35 Ill. Adm. Code 722.111 states the generator's
				  responsibility to determine whether the generator's waste exhibits one or more
				  characteristics identified in this Subpart C.
b) A hazardous waste that is identified by a
				characteristic in this Subpart C is assigned every USEPA hazardous waste number
				that is applicable as specified in this Subpart C. This number must be used in
				complying with the notification requirements of Section 3010 of RCRA (42 U.S.C. 6930) and all applicable recordkeeping and reporting requirements under 35 Ill.
				Adm. Code 702, 703, and 722 through 728.
c) For this Subpart C, a sample obtained
				using any of the applicable sampling methods specified in Appendix A is a
				representative sample within the meaning of 35 Ill. Adm. Code 720.
BOARD NOTE: Since the Appendix A sampling methods are not
					 being formally adopted, a person who desires to employ an alternative sampling
					 method is not required to demonstrate the equivalency of the person's method
					 under the procedures set forth in 35 Ill. Adm. Code
					 720.121.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 721 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subpart C - CHARACTERISTICS OF HAZARDOUS WASTE › Section 721.122 - Characteristic of Corrosivity

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				solid waste exhibits the characteristic of corrosivity if a representative
				sample of the waste has either of the following properties:
1) It is aqueous and has a pH less than or
				equal to 2 or greater than or equal to 12.5, as determined by a pH meter using
				Method 9040C (pH Electrometric Measurement) in "Test Methods for the Evaluation
				of Solid Waste, Physical/Chemical Methods", USEPA publication number
				EPA-530/SW-846, incorporated by reference in 35 Ill. Adm. Code
				720.111(a).
2) It is a liquid and corrodes steel (SAE
				1020) at a rate greater than 6.35 mm (0.250 inch) per year at a test
				temperature of 55 °C (130 °F), as determined by Method 1110A
				(Corrosivity Toward Steel) in "Test Methods for the Evaluation of Solid Waste,
				Physical/Chemical Methods", USEPA publication number EPA-530/SW-846,
				incorporated by reference in 35 Ill. Adm. Code
				720.111(a).
BOARD NOTE: The corrosivity characteristic determination
				  currently does not apply to non-liquid wastes, as discussed by USEPA at 45 Fed.
				  Reg. 33109, May 19, 1980 and at 55 Fed. Reg. 22549, June 1, 1990.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 721 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subpart C - CHARACTERISTICS OF HAZARDOUS WASTE › Section 721.123 - Characteristic of Reactivity

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				solid waste exhibits the characteristic of reactivity if a representative
				sample of the waste has any of the following properties:
1) It is normally unstable and readily
				undergoes violent change without detonating.
2) It reacts violently with water.
3) It forms potentially explosive mixtures
				with water.
4) When mixed with
				water, it generates toxic gases, vapors, or fumes in a quantity sufficient to
				present a danger to human health or the environment.
5) It is a cyanide or sulfide bearing waste
				which, when exposed to pH conditions between 2 and 12.5 can generate toxic
				gases, vapors, or fumes in a quantity sufficient to present a danger to human
				health or the environment.
6) It is
				capable of detonation or explosive reaction if it is subjected to a strong
				initiating source or if heated under confinement.
7) It is readily capable of detonation or
				explosive decomposition or reaction at standard temperature and
				pressure.
8) It is a forbidden
				explosive, as defined in federal
				49 CFR
				173.54 (Forbidden Explosives) or a Division
				1.1, 1.2, or 1.3 explosive, as defined in
				49 CFR 173.50
				(Class 1 - Definitions), each incorporated by reference in 35 Ill. Adm. Code
				720.111(b).
BOARD NOTE: Corresponding
				  40 CFR
				  261.23 cites to
				  49 CFR
				  173.53 (Provisions for Using Old
				  Classifications of Explosives). That citation aids bridging obsolete USDOT
				  rules to the current version. The Board has not included citation to
				  49 CFR
				  173.53 because it imposes no substantive
				  requirements.