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.
b) Limitations
on Definition of Solid Waste
1) The definition
of solid waste contained in this Part applies only to wastes that also are
hazardous for purposes of the regulations implementing Subtitle C of RCRA. For
example, it does not apply to materials (such as non-hazardous scrap, paper,
textiles or rubber) that are not otherwise hazardous wastes and that are
recycled.
2) This Part identifies
only some of the materials that are solid wastes and hazardous wastes under
Sections 1004(5), 1004(27) and 7003 of RCRA. A material that is not defined as
a solid waste in this Part, or is not a hazardous waste identified or listed in
this Part, is still a hazardous waste for purposes of those Sections if, in the
case of Section 7003 of RCRA, the statutory elements are established.
c) For the purposes of Sections
721.102
and
721.106
the following definitions apply:
1) A "spent
material" is any material that has been used and as a result of contamination
can no longer serve the purpose for which it was produced without
processing.
2) "Sludge" has the
same meaning used in 35 Ill. Adm. Code
720.110.
3) A "by-product" is a material that is not
one of the primary products of a production process and is not solely or
separately produced by the production process. Examples are process residues
such as slags or distillation column bottoms. The term does not include a
co-product that is produced for the general public's use and is ordinarily used
in the form it is produced by the process.
4) A material is "reclaimed" if it is
processed to recover a usable product, or if it is regenerated. Examples are
recovery of lead values from spent batteries and regeneration of spent
solvents. In addition, for purposes of Section
721.104(a)(23) and
(a)(24) smelting, melting, and refining
furnaces are considered to be solely engaged in metals reclamation if the metal
recovery from the hazardous secondary materials meets the same requirements as
those specified for metals recovery from hazardous waste found in 35 Ill. Adm.
Code
726.200(d)(1) through
(d)(3), and if the residuals meet the
requirements specified in 35 Ill. Adm. Code
726.212.
5) A material is "used or reused" if either
of the following is true:
A) It is employed
as an ingredient (including use as an intermediate) in an industrial process to
make a product (for example, distillation bottoms from one process used as
feedstock in another process). However, a material will not satisfy this
condition if distinct components of the material are recovered as separate end
products (as when metals are recovered from metal-containing secondary
materials); or
B) It is employed in
a particular function or application as an effective substitute for a
commercial product (for example, spent pickle liquor used as phosphorus
precipitant and sludge conditioner in wastewater treatment).
6) "Scrap metal" is bits and
pieces of metal parts (e.g., bars, turnings, rods, sheets, or wire) or metal
pieces that may be combined together with bolts or soldering (e.g., radiators,
scrap automobiles, or railroad box cars) that when worn or superfluous can be
recycled.
7) A material is
"recycled" if it is used, reused, or reclaimed.
8) A material is "accumulated speculatively"
if it is accumulated before being recycled. A material is not accumulated
speculatively, however, if the person accumulating it can show that the
material is potentially recyclable and has a feasible means of being recycled;
and that, during the calendar year (commencing on January 1), the amount of
material that is recycled, or transferred to a different site for recycling,
equals at least 75 percent by weight or volume of the amount of that material
accumulated at the beginning of the period. Materials must be placed in a
storage unit with a label indicating the first date that the material began to
be accumulated. If placing a label on the storage unit is not practicable, the
accumulation period must be documented through an inventory log or other
appropriate method. In calculating the percentage of turnover, the 75 percent
requirement is to be applied to each material of the same type (e.g., slags
from a single smelting process) that is recycled in the same way (i.e., from
which the same material is recovered or that is used in the same way).
Materials accumulating in units that would be exempt from regulation under
Section
721.104(c)
are not to be included in making the calculation. Materials that are already
defined as solid wastes also are not to be included in making the calculation.
Materials are no longer in this category once they are removed from
accumulation for recycling, however.
BOARD NOTE: Various segments of this Part and 35 Ill. Adm.
Code 720 use the verbal phrase "accumulated speculatively" and the noun phrase
"speculative accumulation". Some of those segments rely on this subsection
(c)(8) definition of "speculatively accumulated" for definition of the
"speculative accumulation". The Board infers that USEPA intends that the verb
phrase define the noun phrase: material that is accumulated speculatively is
the subject of speculative accumulation.
9) "Excluded scrap metal" is processed scrap
metal, unprocessed home scrap metal, and unprocessed prompt scrap
metal.
10) "Processed scrap metal"
is scrap metal that has been manually or physically altered to either separate
it into distinct materials to enhance economic value or to improve the handling
of materials. Processed scrap metal includes, but is not limited to, scrap
metal that has been baled, shredded, sheared, chopped, crushed, flattened, cut,
melted, or separated by metal type (i.e., sorted), and fines, drosses and
related materials that have been agglomerated. (Note: shredded circuit boards
being sent for recycling are not considered processed scrap metal. They are
covered under the exclusion from the definition of solid waste for shredded
circuit boards being recycled (Section
721.104(a)(14)
)).
11) "Home scrap metal" is scrap
metal as generated by steel mills, foundries, and refineries, such as turnings,
cuttings, punchings, and borings.
12) "Prompt scrap metal" is scrap metal as
generated by the metal working/fabrication industries, and it includes such
scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap metal
is also known as industrial or new scrap metal.