Ill. Admin. Code tit. 35, § 720.122 - Waste Delisting
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.
b) Listed Wastes and
Mixtures. A person may also petition the Board to exclude from 35 Ill. Adm.
Code 721.103(a)(2)(B) or (c), a waste that is described in these Sections and
is either a waste listed in Subpart D of 35 Ill. Adm. Code 721, or is derived
from a waste listed in that Subpart. This exclusion may only be granted for a
particular generating, storage, treatment, or disposal facility. The petitioner
must make the same demonstration as required by subsection (a). If the waste is
a mixture of a solid waste and one or more listed hazardous wastes or is
derived from one or more listed hazardous wastes, the demonstration must be
made with respect to the waste mixture as a whole; analyses must be conducted
for not only those constituents for which the listed waste contained in the
mixture was listed as hazardous, but also for factors (including additional
constituents) that could cause the waste mixture to be a hazardous waste. A
waste that is so excluded may still be a hazardous waste by operation of
Subpart C of 35 Ill. Adm. Code 721.
c) Ignitable, Corrosive, Reactive and
Toxicity Characteristic Wastes. If the waste is listed in codes "I", "C", "R",
or "E" in Subpart D of 35 Ill. Adm. Code 721, the following requirements apply:
1) The petitioner must demonstrate that the
waste does not exhibit the relevant characteristic for which the waste was
listed, as defined in 35 Ill. Adm. Code 721.121, 721.122, 721.123, or 721.124, using any applicable methods prescribed in those Sections. The petitioner must
also show that the waste does not exhibit any of the other characteristics,
defined in those Sections, using any applicable methods prescribed in those
Sections; and
2) Based on a
complete petition, the Board will determine, if it has 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 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, may still be a hazardous waste by operation of Subpart C
of 35 Ill. Adm. Code 721.
d) Toxic Waste. If the waste is listed in
code "T" in Subpart D of 35 Ill. Adm. Code 721, the following requirements
apply:
1) The petitioner must demonstrate that
the waste meets the following:
A) It does not
contain the constituent or constituents (as defined in Appendix G of 35 Ill.
Adm. Code 721) that caused USEPA to list the waste; or
B) Although containing one or more of the
hazardous constituents (as defined in Appendix G of 35 Ill. Adm. Code 721) that
caused USEPA to list the waste, the waste does not meet the criterion of 35
Ill. Adm. Code 721.111(a)(3) when considering the factors used in 35 Ill. Adm.
Code 721.111(a)(3)(A) through (a)(3)(K) under which the waste was listed as
hazardous.
2) Based on a
complete petition, the Board will determine, if it has 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 hazardous waste, that
these factors do not warrant retaining the waste as a hazardous
waste.
3) The petitioner must
demonstrate that the waste does not exhibit any of the characteristics, defined
in 35 Ill. Adm. Code 721.121, 721.122, 721.123, or 721.124, using any
applicable methods prescribed in those Sections.
4) A waste that is excluded under this
subsection (d), however, may still be a hazardous waste by operation of Subpart
C of 35 Ill. Adm. Code 721.
e) Acute Hazardous Waste. If the waste is
listed with the code "H" in Subpart D of 35 Ill. Adm. Code 721, the following
requirements apply:
1) The petitioner must
demonstrate that the waste does not meet the criterion of 35 Ill. Adm. Code
721.111(a)(2); and
2) Based on a
complete petition, the Board will determine, if it has 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 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).
3) The petitioner must demonstrate that the
waste does not exhibit any of the characteristics, defined in 35 Ill. Adm. Code
721.121, 721.122, 721.123, or 721.124, using any applicable methods prescribed
in those Sections.
4) A waste that
is so excluded under this subsection I, however, may still be a hazardous waste
by operation of Subpart C of 35 Ill. Adm. Code 721.
f) This subsection (f) corresponds with 40 CFR 260.22(f), which USEPA has marked "reserved". This statement maintains
structural consistency with the federal regulations.
g) This subsection (g) corresponds with 40 CFR 260.22(g), which USEPA has marked "reserved". This statement maintains
structural consistency with the federal regulations.
h) Demonstration samples must include enough
representative samples, but in no case less than four samples, taken over a
period sufficient to represent the variability or the uniformity of the
waste.
i) Each petition must
include, in addition to the information required by subsection (n):
1) The name and address of the laboratory
facility performing the sampling or tests of the waste;
2) The names and qualifications of the
persons sampling and testing the waste;
3) The dates of sampling and
testing;
4) The location of the
generating facility;
5) A
description of the manufacturing processes or other operations and feed
materials producing the waste and an assessment of whether these such
processes, operations, or feed materials can or might produce a waste that is
not covered by the demonstration;
6) A description of the waste and an estimate
of the average and maximum monthly and annual quantities of waste covered by
the demonstration;
7) Pertinent
data on and discussion of the factors delineated in the respective criterion
for listing a hazardous waste, if the demonstration is based on the factors in
35 Ill. Adm. Code 721.111(a)(3);
8)
A description of the methodologies and equipment used to obtain the
representative samples;
9) A
description of the sample handling and preparation techniques, including
techniques used for extracting, containerizing, and preserving the
samples;
10) A description of the
tests performed (including results);
11) The names and model numbers of the
instruments used in performing the tests; and
12) The following statement signed by the
generator or the generator's authorized representative:
I certify under penalty of law that I have personally examined and am familiar with the information submitted in this demonstration and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.
j) After receiving a petition, the Board may
request any additional information that the Board needs to evaluate the
petition.
k) An exclusion will only
apply to the waste generated at the individual facility covered by the
demonstration and will not apply to waste from any other facility.
l) The Board will exclude only part of the
waste for which the demonstration is submitted if the Board determines that
variability of the waste justifies a partial exclusion.
BOARD NOTE: See "EPA RCRA Delisting Program - Guidance Manual for the Petitioner", incorporated by reference in Section 720.111(a).
m) Delisting of specific wastes
from specific sources that have been adopted by USEPA may be proposed as State
regulations that are identical in substance under Section 720.120(a).
n) Delistings that have not been adopted by
USEPA may be proposed to the Board under a petition for adjusted standard under
Section 28.1 of the Act and Subpart D of 35 Ill. Adm. Code 104. The
justification for the adjusted standard is as specified in subsections (a)
through (g), as applicable to the waste in question. The petition must be
clearly labeled as a RCRA delisting adjusted standard petition.
1) In accordance with 35 Ill. Adm. Code
101.304, the petitioner must serve copies of the petition, and any other
documents filed with the Board, on USEPA at the following addresses:
USEPA
Office of Resource Conservation and Recovery
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460
USEPA, Region 5
77 West Jackson Boulevard
Chicago, IL 60604
2) The Board will mail copies of all opinions
and orders to USEPA at the above addresses.
3) In conjunction with the normal updating of
the RCRA regulations, the Board will maintain, in Appendix I of 35 Ill. Adm.
Code 721, a listing of all adjusted standards granted by the Board.
o) The Agency may determine in a
permit or a letter directed to a generator that, based on 35 Ill. Adm. Code
721, a waste from a particular source is not subject to these regulations. This
Agency finding is evidence against the Agency in any subsequent proceedings but
will not be conclusive with reference to other persons or the Board.
p) Any petition to delist directed to the
Board or request for determination directed to the Agency must include a
showing that the waste will be generated or managed in Illinois.
q) The Board will not grant any petition that
would render the Illinois RCRA program less stringent than if the decision were
made by USEPA.
r) Delistings apply
only within Illinois. Generators must comply with 35 Ill. Adm. Code 722 for
waste that is hazardous in any state to which it is to be
transported.
Notes
Amended at 34 Ill. Reg. 18535, effective November 12, 2010
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
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.
b) Listed Wastes and Mixtures. A person may also petition the Board to exclude from 35 Ill. Adm. Code 721.103(a)(2)(B) or (c), a waste that is described in these Sections and is either a waste listed in Subpart D of 35 Ill. Adm. Code 721, or is derived from a waste listed in that Subpart. This exclusion may only be granted for a particular generating, storage, treatment, or disposal facility. The petitioner must make the same demonstration as required by subsection (a). If the waste is a mixture of a solid waste and one or more listed hazardous wastes or is derived from one or more listed hazardous wastes, the demonstration must be made with respect to the waste mixture as a whole; analyses must be conducted for not only those constituents for which the listed waste contained in the mixture was listed as hazardous, but also for factors (including additional constituents) that could cause the waste mixture to be a hazardous waste. A waste that is so excluded may still be a hazardous waste by operation of Subpart C of 35 Ill. Adm. Code 721.
c) Ignitable, Corrosive, Reactive and Toxicity Characteristic Wastes. If the waste is listed in codes "I", "C", "R", or "E" in Subpart D of 35 Ill. Adm. Code 721, the following requirements apply:
1) The petitioner must demonstrate that the waste does not exhibit the relevant characteristic for which the waste was listed, as defined in 35 Ill. Adm. Code 721.121, 721.122, 721.123, or 721.124, using any applicable methods prescribed in those Sections. The petitioner must also show that the waste does not exhibit any of the other characteristics, defined in those Sections, using any applicable methods prescribed in those Sections; and
2) Based on a complete petition, the Board will determine, if it has 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 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, may still be a hazardous waste by operation of Subpart C of 35 Ill. Adm. Code 721.
d) Toxic Waste. If the waste is listed in code "T" in Subpart D of 35 Ill. Adm. Code 721, the following requirements apply:
1) The petitioner must demonstrate that the waste meets the following:
A) It does not contain the constituent or constituents (as defined in Appendix G of 35 Ill. Adm. Code 721) that caused USEPA to list the waste; or
B) Although containing one or more of the hazardous constituents (as defined in Appendix G of 35 Ill. Adm. Code 721) that caused USEPA to list the waste, the waste does not meet the criterion of 35 Ill. Adm. Code 721.111(a)(3) when considering the factors used in 35 Ill. Adm. Code 721.111(a)(3)(A) through (a)(3)(K) under which the waste was listed as hazardous.
2) Based on a complete petition, the Board will determine, if it has 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 hazardous waste, that these factors do not warrant retaining the waste as a hazardous waste.
3) The petitioner must demonstrate that the waste does not exhibit any of the characteristics, defined in 35 Ill. Adm. Code 721.121, 721.122, 721.123, or 721.124, using any applicable methods prescribed in those Sections.
4) A waste that is excluded under this subsection (d), however, may still be a hazardous waste by operation of Subpart C of 35 Ill. Adm. Code 721.
e) Acute Hazardous Waste. If the waste is listed with the code "H" in Subpart D of 35 Ill. Adm. Code 721, the following requirements apply:
1) The petitioner must demonstrate that the waste does not meet the criterion of 35 Ill. Adm. Code 721.111(a)(2); and
2) Based on a complete petition, the Board will determine, if it has 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 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).
3) The petitioner must demonstrate that the waste does not exhibit any of the characteristics, defined in 35 Ill. Adm. Code 721.121, 721.122, 721.123, or 721.124, using any applicable methods prescribed in those Sections.
4) A waste that is so excluded under this subsection I, however, may still be a hazardous waste by operation of Subpart C of 35 Ill. Adm. Code 721.
f) This subsection (f) corresponds with 40 CFR 260.22(f), which USEPA has marked "reserved". This statement maintains structural consistency with the federal regulations.
g) This subsection (g) corresponds with 40 CFR 260.22(g), which USEPA has marked "reserved". This statement maintains structural consistency with the federal regulations.
h) Demonstration samples must include enough representative samples, but in no case less than four samples, taken over a period sufficient to represent the variability or the uniformity of the waste.
i) Each petition must include, in addition to the information required by subsection (n):
1) The name and address of the laboratory facility performing the sampling or tests of the waste;
2) The names and qualifications of the persons sampling and testing the waste;
3) The dates of sampling and testing;
4) The location of the generating facility;
5) A description of the manufacturing processes or other operations and feed materials producing the waste and an assessment of whether these such processes, operations, or feed materials can or might produce a waste that is not covered by the demonstration;
6) A description of the waste and an estimate of the average and maximum monthly and annual quantities of waste covered by the demonstration;
7) Pertinent data on and discussion of the factors delineated in the respective criterion for listing a hazardous waste, if the demonstration is based on the factors in 35 Ill. Adm. Code 721.111(a)(3);
8) A description of the methodologies and equipment used to obtain the representative samples;
9) A description of the sample handling and preparation techniques, including techniques used for extracting, containerizing, and preserving the samples;
10) A description of the tests performed (including results);
11) The names and model numbers of the instruments used in performing the tests; and
12) The following statement signed by the generator or the generator's authorized representative:
I certify under penalty of law that I have personally examined and am familiar with the information submitted in this demonstration and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.
j) After receiving a petition, the Board may request any additional information that the Board needs to evaluate the petition.
k) An exclusion will only apply to the waste generated at the individual facility covered by the demonstration and will not apply to waste from any other facility.
l) The Board will exclude only part of the waste for which the demonstration is submitted if the Board determines that variability of the waste justifies a partial exclusion.
BOARD NOTE: See "EPA RCRA Delisting Program - Guidance Manual for the Petitioner", incorporated by reference in Section 720.111(a).
m) Delisting of specific wastes from specific sources that have been adopted by USEPA may be proposed as State regulations that are identical in substance under Section 720.120(a).
n) Delistings that have not been adopted by USEPA may be proposed to the Board under a petition for adjusted standard under Section 28.1 of the Act and Subpart D of 35 Ill. Adm. Code 104. The justification for the adjusted standard is as specified in subsections (a) through (g), as applicable to the waste in question. The petition must be clearly labeled as a RCRA delisting adjusted standard petition.
1) In accordance with 35 Ill. Adm. Code 101.304, the petitioner must serve copies of the petition, and any other documents filed with the Board, on USEPA at the following addresses:
USEPA
Office of Resource Conservation and Recovery
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460
USEPA, Region 5
77 West Jackson Boulevard
Chicago, IL 60604
2) The Board will mail copies of all opinions and orders to USEPA at the above addresses.
3) In conjunction with the normal updating of the RCRA regulations, the Board will maintain, in Appendix I of 35 Ill. Adm. Code 721, a listing of all adjusted standards granted by the Board.
o) The Agency may determine in a permit or a letter directed to a generator that, based on 35 Ill. Adm. Code 721, a waste from a particular source is not subject to these regulations. This Agency finding is evidence against the Agency in any subsequent proceedings but will not be conclusive with reference to other persons or the Board.
p) Any petition to delist directed to the Board or request for determination directed to the Agency must include a showing that the waste will be generated or managed in Illinois.
q) The Board will not grant any petition that would render the Illinois RCRA program less stringent than if the decision were made by USEPA.
r) Delistings apply only within Illinois. Generators must comply with 35 Ill. Adm. Code 722 for waste that is hazardous in any state to which it is to be transported.
Notes
Amended at 34 Ill. Reg. 18535, effective November 12, 2010