Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 726 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTE AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart N - CONDITIONAL EXEMPTION FOR LOW-LEVEL MIXED WASTE STORAGE, TREATMENT, TRANSPORTATION AND DISPOSAL › Section 726.310 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Terms are defined as follows for the purposes of this Subpart
				  N:
"CERCLA reportable quantity" means that quantity of a
				  particular substance designated by USEPA in federal
				  40 CFR
				  302.4 pursuant to the Comprehensive
				  Environmental Response, Compensation and Liability Act of 1980 (
				  42
				  USC 9601 et seq.) for which notification is
				  required upon a release to the environment.
"Certified delivery" means certified mail with return receipt
				  requested, equivalent courier service, or other means that provides the sender
				  with a receipt confirming delivery.
"Director" is as defined in 35 Ill. Adm. Code
				  702.110.
"Eligible naturally occurring or accelerator-produced
				  radioactive material" means naturally occurring or accelerator-produced
				  radioactive material (NARM) that is eligible for a transportation and disposal
				  conditional exemption. It is a NARM waste that contains RCRA hazardous waste,
				  meets the waste acceptance criteria of, and is allowed by State NARM
				  regulations to be disposed of at a low-level radioactive waste disposal
				  facility (LLRWDF) licensed in accordance with 10 CFR 61, IEMA regulations, or
				  the equivalent regulations of a licensing agency in another state.
BOARD NOTE: The IEMA regulations are codified at 32 Ill. Adm.
				  Code: Chapter II, Subchapters b and d.
"Exempted waste" means a waste that meets the eligibility
				  criteria in Section
				  726.325
				  and all of the conditions in Section
				  726.330
				  or a waste that meets the eligibility criteria in Section
				  726.410
				  and which complies with all the conditions in Section
				  726.415.
				  Such waste is conditionally exempted from the regulatory definition of
				  hazardous waste in 35 Ill. Adm. Code
				  721.103.
"Hazardous waste" means hazardous waste as defined in 35 Ill.
				  Adm. Code 721.103.
"IEMA" means the Illinois Emergency Management Agency, the
				  State of Illinois agency charged with regulating source, by-product, and
				  special nuclear material in Illinois in accordance with an agreement between
				  the State and the federal Nuclear Regulatory Commission (NRC) under section
				  274(b) of the federal Atomic Energy Act of 1954, as amended (
				  42 USC
				  2021(b) ).
BOARD NOTE: In addition to the materials regulated under this
				  Part, IEMA regulates radioactive materials under the Radiation Protection Act
				  of 1990 [ 420 ILCS 40 ] that are not licensed by the federal NRC. For the
				  purposes of notices to IEMA required under this Subpart N, the address is as
				  follows:
Illinois Emergency Management Agency
2200 South Dirksen Parkway
Springfield, Illinois 62703
"Land disposal restriction treatment standards" or "LDR
				  treatment standards" means treatment standards, under 35 Ill. Adm. Code 728,
				  that a RCRA hazardous waste must meet before it can be disposed of in a RCRA
				  hazardous waste land disposal unit.
"License" means a license issued by the federal NRC or IEMA
				  to a user that manages radionuclides regulated by the federal NRC or IEMA under
				  authority of the Atomic Energy Act of 1954, as amended (
				  42
				  USC 2014 et seq.) or the Radiation Protection
				  Act of 1990.
"Low-level mixed waste" or "LLMW" is a waste that contains
				  both low-level radioactive waste and RCRA hazardous waste.
"Low-level radioactive waste" or "LLRW" is a radioactive
				  waste that contains source, by-product, or special nuclear material and which
				  is not classified as high-level radioactive waste, transuranic waste, spent
				  nuclear fuel, or by-product material, as defined in section 11(e)(2) of the
				  Atomic Energy Act of 1954 (
				  42
				  USC 2014(e)(2) ),
				  incorporated by reference in 35 Ill. Adm. Code
				  720.111(b).
				  (See also the NRC definition of waste at federal
				  10
				  CFR 61.2.)
BOARD NOTE: This definition differs from the similar
				  definitions of low-level radioactive waste in the Illinois Low-Level
				  Radioactive Waste Management Act [
				  420 ILCS
				  20/3(k) ], the Central Midwest
				  Interstate Low-Level Radioactive Waste Compact Act [
				  45 ILCS 140/1,
				  Article II(k)], and 32 Ill. Adm. Code 606.20(g) of the IEMA regulations. Those
				  basically define low-level radioactive waste as radioactive waste that is not
				  high-level radioactive waste, transuranic waste, spent nuclear fuel, or
				  by-product material, as such are defined in section 11 of the federal Atomic
				  Energy Act of 1954 (
				  42
				  USC 2014 ), incorporated by reference in 35
				  Ill. Adm. Code
				  720.111(b).
"Mixed waste" means a waste that contains both RCRA hazardous
				  waste and source, by-product, or special nuclear material subject to the Atomic
				  Energy Act of 1954, as amended (
				  42
				  USC 2014 et seq.).
BOARD NOTE: This definition differs from the similar
				  definitions of mixed waste in the Illinois Low-Level Radioactive Waste
				  Management Act and 32 Ill. Adm. Code 606.20(h) of the IEMA regulations. Those
				  basically define mixed waste as containing both RCRA hazardous waste and
				  low-level radioactive waste, as such is defined under Section 3(k) of the
				  Illinois Low-Level Radioactive Waste Management Act.
"Naturally occurring or accelerator-produced radioactive
				  material" or "NARM" means a radioactive material that fulfills one of the
				  following conditions:
It is naturally occurring and it is not a source, by-product,
				  or special nuclear material, as defined in section 11 of the federal Atomic
				  Energy Act of 1954 (
				  42
				  USC 2014 ), incorporated by reference in 35
				  Ill. Adm. Code
				  720.111(c);
				  or
It is produced by an accelerator.
BOARD NOTE: NARM is regulated by the State, under the
				  Radiation Protection Act of 1990 and 32 Ill. Adm. Code: Chapter II, Subchapters
				  b and d, or by the federal Department of Energy (DOE), as authorized by the
				  federal Atomic Energy Act (
				  42
				  USC 2014 et seq.), under DOE regulations and
				  orders.
"NRC" means the United States Nuclear Regulatory
				  Commission.
BOARD NOTE: For the purposes of notices to the NRC required
				  under this Subpart N, the address is as follows:
U.S. Nuclear Regulatory Commission, Region III
2443 Warrenville Road, Suite 210
Lisle, Illinois 60532-4352