Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 725 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart A - GENERAL PROVISIONS › Section 725.101 - Purpose, Scope, and Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) The purpose of this Part is to establish
				minimum standards that define the acceptable management of hazardous waste
				during the period of interim status and until certification of final closure
				or, if the facility is subject to post-closure care requirements, until
				post-closure care responsibilities are fulfilled.
b) Except as provided in Section
				725.980(b),
				the standards in this Part and 35 Ill. Adm. Code
				724.652
				through
				724.654 apply to
				owners and operators of facilities that treat, store, or dispose of hazardous
				waste and that have fully complied with the requirements for interim status
				under Section 3005(e) of RCRA (
				42
				USC 6925(e)) and 35 Ill.
				Adm. Code 703, until either a permit is issued under Section 3005 of RCRA (
				42 USC
				6905) or Section 21(f) of the Environmental
				Protection Act, or until applicable closure and post-closure care
				responsibilities under this Part are fulfilled, and to those owners and
				operators of facilities in existence on November 19, 1980 that have failed to
				provide timely notification as required by section 3010(a) of RCRA (
				42 USC
				6930(a)) or that have failed
				to file Part A of the Permit Application, as required by federal
				40 CFR 270.10(e)
				and (g) or 35 Ill. Adm. Code
				703.150
				and
				703.152.
				These standards apply to all treatment, storage, or disposal of hazardous waste
				at these facilities, except as specifically provided otherwise in this Part or
				in 35 Ill. Adm. Code 721.
BOARD NOTE: As stated in Section 3005(a) of RCRA (
				  42 USC
				  6905(a)), after the
				  effective date of regulations under that Section (i.e., 40 CFR 270 and 124 )
				  the treatment, storage, or disposal of hazardous waste is prohibited except in
				  accordance with a permit. Section 3005(e) of RCRA (
				  42 USC
				  6905(e)) provides for the
				  continued operation of an existing facility that meets certain conditions until
				  final administrative disposition of the owner's and operator's permit
				  application is made.
c) The
				requirements of this Part do not apply to any of the following:
1) A person disposing of hazardous waste by
				means of ocean disposal subject to a permit issued under the federal Marine
				Protection, Research and Sanctuaries Act (
				33 USC
				1401 et seq.);
BOARD NOTE: This Part applies to the treatment or storage of
				  hazardous waste before it is loaded into an ocean vessel for incineration or
				  disposal at sea, as provided in subsection (b).
2) This subsection (c)(2) corresponds with
				40 CFR
				265.1(c)(2), marked
				"reserved" by USEPA. This statement maintains structural consistency with USEPA
				rules;
3) The owner or operator of
				a POTW (publicly owned treatment works) that treats, stores, or disposes of
				hazardous waste;
BOARD NOTE: The owner or operator of a facility under
				  subsections (c)(1) and (c)(3) is subject to the requirements of 35 Ill. Adm.
				  Code 724 to the extent they are included in a permit by rule granted to such a
				  person under 35 Ill. Adm. Code 702 and 703 or are required by Subpart F of 35
				  Ill. Adm. Code 704.
4) This
				subsection (c)(4) corresponds with
				40 CFR
				265.1(c)(4), which pertains
				exclusively to the applicability of the federal regulations in authorized
				states. There is no need for a parallel provision in the Illinois regulations.
				This statement maintains structural consistency with USEPA rules;
5) The owner or operator of a facility
				permitted, licensed, or registered by Illinois to manage municipal or
				industrial solid waste, if the only hazardous waste the facility treats,
				stores, or disposes of is excluded from regulation under this Part by 35 Ill.
				Adm. Code
				722.114;
6) The owner or operator of a facility
				managing recyclable materials described in 35 Ill. Adm. Code
				721.106(a)(2)
				through (a)(4), except to the extent that
				requirements of this Part are referred to in Subpart C, F, G, or H of 35 Ill.
				Adm. Code 726 or 35 Ill. Adm. Code 739;
7) A generator accumulating waste on-site in
				compliance with applicable conditions for exemption in 35 Ill. Adm. Code
				722.114
				through
				722.117
				and Subparts K and L of 35 Ill. Adm. Code 722, except to the extent the
				requirements of this Part are included in those Sections and
				Subparts;
8) A farmer disposing of
				waste pesticides from the farmer's own use in compliance with 35 Ill. Adm. Code
				722.170;
9) The owner or operator of a totally
				enclosed treatment facility, as defined in 35 Ill. Adm. Code
				720.110;
10) The owner or operator of an elementary
				neutralization unit or a wastewater treatment unit, as defined in 35 Ill. Adm.
				Code 720.110, provided that if the owner or operator is diluting hazardous
				ignitable (D001) wastes (other than the D001 High TOC Subcategory defined in
				Table T of 35 Ill. Adm. Code 728) or reactive (D003) waste in order to remove
				the characteristic before land disposal, the owner or operator must comply with
				the requirements set forth in Section
				725.117(b);
11) Immediate Response
A) Except as provided in subsection
				(c)(11)(B), a person engaged in treatment or containment activities during
				immediate response to any of the following situations:
i) A discharge of a hazardous
				waste;
ii) An imminent and
				substantial threat of a discharge of a hazardous waste;
iii) A discharge of a material that becomes a
				hazardous waste when discharged; or
iv) An immediate threat to human health,
				public safety, property, or the environment from the known or suspected
				presence of military munitions, other explosive material, or an explosive
				device, as determined by an explosives or munitions emergency response
				specialist as defined in 35 Ill. Adm. Code 720.110.
B) An owner or operator of a facility
				otherwise regulated by this Part must comply with all applicable requirements
				of Subparts C and D.
C) Any person
				that is covered by subsection (c)(11)(A) that continues or initiates hazardous
				waste treatment or containment activities after the immediate response is over
				is subject to all applicable requirements of this Part and 35 Ill. Adm. Code
				702, 703, and 705 for those activities;
D) In the case of an explosives or munitions
				emergency response, if a federal, state, or local official acting within the
				scope of his or her official responsibilities or an explosives or munitions
				emergency response specialist determines that immediate removal of the material
				or waste is necessary to adequately protect human health or the environment,
				that official or specialist may authorize the removal of the material or waste
				by transporters that do not have USEPA identification numbers and without the
				preparation of a manifest. In the case of emergencies involving military
				munitions, the responding military emergency response specialist's
				organizational unit must retain records for three years identifying the dates
				of the response, the responsible persons responding, the type and description
				of material addressed, and its disposition;
12) A transporter storing manifested
				shipments of hazardous waste in containers meeting the requirements of 35 Ill.
				Adm. Code
				722.130 at a transfer
				facility for a period of ten days or less;
13) The addition of absorbent material to
				waste in a container (as defined in 35 Ill. Adm. Code 720.110) or the addition
				of waste to the absorbent material in a container, provided that these actions
				occur at the time that the waste is first placed in the containers and Sections
				725.117(b),
				725.271,
				and
				725.272
				are complied with;
14) A universal
				waste handler or universal waste transporter (as defined in 35 Ill. Adm. Code
				720.110) that handles any of the wastes listed below is subject to regulation
				under 35 Ill. Adm. Code 733 when handling the following universal wastes:
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;
15) This subsection (c)(15)
				corresponds with
				40 CFR
				265.1(c)(15), which applies
				only to a facility outside Illinois. This statement maintains structural
				consistency with the corresponding USEPA rule; or
16) A reverse distributor accumulating
				potentially creditable hazardous waste pharmaceuticals and evaluated hazardous
				waste pharmaceuticals, as defined in 35 Ill. Adm. Code 726.600. A reverse
				distributor is subject to regulation under Subpart P of 35 Ill. Adm. Code 726
				in lieu of this Part for the accumulation of potentially creditable hazardous
				waste pharmaceuticals and evaluated hazardous waste pharmaceuticals.