Ill. Admin. Code tit. 35, § 721.104 - Exclusions
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
2) Industrial wastewater
discharges that are point source discharges with National Pollutant Discharge
Elimination System (NPDES) permits issued by the Agency under Section 12(f) of
the Act and 35 Ill. Adm. Code 309.
BOARD NOTE: This exclusion applies only to the actual point source discharge. It does not exclude industrial wastewaters while they are being collected, stored, or treated before discharge, nor does it exclude sludges that are generated by industrial wastewater treatment.
3) Irrigation return
flows.
4) Source, by-product, or
special nuclear material, as defined by section 11 of the Atomic Energy Act of
1954, as amended (
42
USC 2014), incorporated by reference in 35
Ill. Adm. Code
720.111(b).
5) Materials subjected to in-situ mining
techniques that are not removed from the ground as part of the extraction
process.
6) Pulping liquors (i.e.,
black liquors) that are reclaimed in a pulping liquor recovery furnace and then
reused in the pulping process, unless it is accumulated speculatively, as
defined in Section
721.101(c).
7) Spent sulfuric acid used to produce virgin
sulfuric acid, provided it is not accumulated speculatively, as defined in
Section
721.101(c).
8) Secondary materials that are reclaimed and
returned to the original process or processes in which they were generated, if
they are reused in the production process, provided that the following is true:
A) Only tank storage is involved, and the
entire process through completion of reclamation is closed by being entirely
connected with pipes or other comparable enclosed means of
conveyance;
B) Reclamation does not
involve controlled flame combustion (such as occurs in boilers, industrial
furnaces, or incinerators);
C) The
secondary materials are never accumulated in such tanks for over 12 months
without being reclaimed; and
D) The
reclaimed material is not used to produce a fuel or used to produce products
that are used in a manner constituting disposal.
9) Wood preserving wastes.
A) Spent wood preserving solutions that have
been used and that are reclaimed and reused for their original intended
purpose;
B) Wastewaters from the
wood preserving process that have been reclaimed and that are reused to treat
wood; and
C) Prior to reuse, the
wood preserving wastewaters and spent wood preserving solutions described in
subsections (a)(9)(A) and (a)(9)(B), so long as they meet all of the following
conditions:
i) The wood preserving
wastewaters and spent wood preserving solutions are reused on-site at
water-borne plants in the production process for their original intended
purpose;
ii) Prior to reuse, the
wastewaters and spent wood preserving solutions are managed to prevent release
to either land or groundwater or both;
iii) Any unit used to manage wastewaters or
spent wood preserving solutions prior to reuse can be visually or otherwise
determined to prevent such releases;
iv) Any drip pad used to manage the
wastewaters or spent wood preserving solutions prior to reuse complies with the
standards in Subpart W of 35 Ill. Adm. Code 725, regardless of whether the
plant generates a total of less than 100 kg/month of hazardous waste; and
v) Prior to operating under this
exclusion, the plant owner or operator prepares a one-time notification to the
Agency stating that the plant intends to claim the exclusion, giving the date
on which the plant intends to begin operating under the exclusion, and
containing the following language: "I have read the applicable regulation
establishing an exclusion for wood preserving wastewaters and spent wood
preserving solutions and understand it requires me to comply at all times with
the conditions set out in the regulation." The plant must maintain a copy of
that document in its on-site records until closure of the facility. The
exclusion applies only so long as the plant meets all of the conditions. If the
plant goes out of compliance with any condition, it may apply to the Agency for
reinstatement. The Agency must reinstate the exclusion in writing if it finds
that the plant has returned to compliance with all conditions and that the
violations are not likely to recur. If the Agency denies an application, it
must transmit to the applicant specific, detailed statements in writing as to
the reasons it denied the application. The applicant under this subsection
(a)(9)(C)(v) may appeal the Agency's determination to deny the reinstatement,
to grant the reinstatement with conditions, or to terminate a reinstatement
before the Board under Section 40 of the Act.
10) USEPA hazardous waste numbers K060, K087,
K141, K142, K143, K144, K145, K147, and K148, and any wastes from the coke
by-products processes that are hazardous only because they exhibit the toxicity
characteristic specified in Section
721.124,
when subsequent to generation these materials are recycled to coke ovens, to
the tar recovery process as a feedstock to produce coal tar, or are mixed with
coal tar prior to the tar's sale or refining. This exclusion is conditioned on
there being no land disposal of the waste from the point it is generated to the
point it is recycled to coke ovens, to tar recovery, to the tar refining
processes, or prior to when it is mixed with coal.
11) Nonwastewater splash condenser dross
residue from the treatment of USEPA hazardous waste number K061 in high
temperature metals recovery units, provided it is shipped in drums (if shipped)
and not land disposed before recovery.
12) Certain oil-bearing hazardous secondary
materials and recovered oil, as follows:
A)
Oil-bearing hazardous secondary materials (i.e., sludges, by-products, or spent
materials) that are generated at a petroleum refinery (standard industrial
classification (SIC) code 2911) and are inserted into the petroleum refining
process (SIC code 2911: including, but not limited to, distillation, catalytic
cracking, fractionation, or thermal cracking units (i.e., cokers)), unless the
material is placed on the land, or speculatively accumulated before being so
recycled. Materials inserted into thermal cracking units are excluded under
this subsection (a)(12), provided that the coke product also does not exhibit a
characteristic of hazardous waste. Oil-bearing hazardous secondary materials
may be inserted into the same petroleum refinery where they are generated or
sent directly to another petroleum refinery and still be excluded under this
provision. Except as provided in subsection (a)(12)(B), oil-bearing hazardous
secondary materials generated elsewhere in the petroleum industry (i.e., from
sources other than petroleum refineries) are not excluded under this Section.
Residuals generated from processing or recycling materials excluded under this
subsection (a)(12)(A), if the materials as generated would have otherwise met a
listing under Subpart D, are designated as USEPA hazardous waste number F037
listed wastes when disposed of or intended for disposal.
B) Recovered oil that is recycled in the same
manner and with the same conditions as described in subsection (a)(12)(A).
Recovered oil is oil that has been reclaimed from secondary materials
(including wastewater) generated from normal petroleum industry practices,
including refining, exploration and production, bulk storage, and
transportation incident thereto (SIC codes 1311, 1321, 1381, 1382, 1389, 2911,
4612, 4613, 4922, 4923, 4789, 5171, and 5172). Recovered oil does not include
oil-bearing hazardous wastes listed in Subpart D; however, oil recovered from
such wastes may be considered recovered oil. Recovered oil does not include
used oil, as defined in 35 Ill. Adm. Code
739.100.
13) Excluded scrap metal
(processed scrap metal, unprocessed home scrap metal, and unprocessed prompt
scrap metal) being recycled.
14)
Shredded circuit boards being recycled, provided that they meet the following
conditions:
A) The circuit boards are stored
in containers sufficient to prevent a release to the environment prior to
recovery; and
B) The circuit boards
are free of mercury switches, mercury relays, nickel-cadmium batteries, and
lithium batteries.
15)
Condensates derived from the overhead gases from kraft mill steam strippers
that are used to comply with federal Clean Air Act regulation
40 CFR
63.446(e). The exemption
applies only to combustion at the mill generating the condensates.
16) This subsection (a)(16) corresponds with
40
CFR 261.4(a)(16), marked
"reserved" by USEPA. This statement maintains structural consistency with the
federal regulations.
17) Spent
materials (as defined in Section 721.101) (other than hazardous wastes listed
in Subpart D) generated within the primary mineral processing industry from
which minerals, acids, cyanide, water, or other values are recovered by mineral
processing or by beneficiation, provided that the following is true:
A) The spent material is legitimately
recycled to recover minerals, acids, cyanide, water, or other values;
B) The spent material is not accumulated
speculatively;
C) Except as
provided in subsection (a)(17)(D), the spent material is stored in tanks,
containers, or buildings that meet the following minimum integrity standards: a
building must be an engineered structure with a floor, walls, and a roof all of
which are made of non-earthen materials providing structural support (except
that smelter buildings may have partially earthen floors, provided that the
spent material is stored on the non-earthen portion), and have a roof suitable
for diverting rainwater away from the foundation; a tank must be free standing,
not be a surface impoundment (as defined in 35 Ill. Adm. Code
720.110), and be
manufactured of a material suitable for containment of its contents; a
container must be free standing and be manufactured of a material suitable for
containment of its contents. If a tank or container contains any particulate
that may be subject to wind dispersal, the owner or operator must operate the
unit in a manner that controls fugitive dust. A tank, container, or building
must be designed, constructed, and operated to prevent significant releases to
the environment of these materials.
D) The Agency must allow by permit in writing
that solid mineral processing spent materials only may be placed on pads,
rather than in tanks, containers, or buildings if the facility owner or
operator can demonstrate the following: the solid mineral processing secondary
materials do not contain any free liquid; the pads are designed, constructed,
and operated to prevent significant releases of the spent material into the
environment; and the pads provide the same degree of containment afforded by
the non-RCRA tanks, containers, and buildings eligible for exclusion.
i) The Agency must also consider whether
storage on pads poses the potential for significant releases via groundwater,
surface water, and air exposure pathways. Factors to be considered for
assessing the groundwater, surface water, and air exposure pathways must
include the following: the volume and physical and chemical properties of the
spent material, including its potential for migration off the pad; the
potential for human or environmental exposure to hazardous constituents
migrating from the pad via each exposure pathway; and the possibility and
extent of harm to human and environmental receptors via each exposure
pathway.
ii) Pads must meet the
following minimum standards: they must be designed of non-earthen material that
is compatible with the chemical nature of the mineral processing spent
material; they must be capable of withstanding physical stresses associated
with placement and removal; they must have run-on and run-off controls; they
must be operated in a manner that controls fugitive dust; and they must have
integrity assurance through inspections and maintenance programs.
iii) Before making a determination under this
subsection (a)(17)(D), the Agency must provide notice and the opportunity for
comment to all persons potentially interested in the determination. This can be
accomplished by placing notice of this action in major local newspapers, or
broadcasting notice over local radio stations.
BOARD NOTE: See Subpart D of 35 Ill. Adm. Code 703 for the RCRA Subtitle C permit public notice requirements.
E) The owner or operator provides a notice to
the Agency, providing the following information: the types of materials to be
recycled, the type and location of the storage units and recycling processes,
and the annual quantities expected to be placed in land-based units. This
notification must be updated when there is a change in the type of materials
recycled or the location of the recycling process.
F) For purposes of subsection (b)(7), mineral
processing spent materials must be the result of mineral processing and may not
include any listed hazardous wastes. Listed hazardous wastes and characteristic
hazardous wastes generated by non-mineral processing industries are not
eligible for the conditional exclusion from the definition of solid
waste.
18) Petrochemical
recovered oil from an associated organic chemical manufacturing facility, if
the oil is to be inserted into the petroleum refining process (SIC code 2911)
along with normal petroleum refinery process streams, provided that both of the
following conditions are true of the oil:
A)
The oil is hazardous only because it exhibits the characteristic of
ignitability (as defined in Section
721.121
) or toxicity for benzene (Section 721.124, USEPA hazardous waste number
D018);
B) The oil generated by the
organic chemical manufacturing facility is not placed on the land, or
speculatively accumulated before being recycled into the petroleum refining
process. An "associated organic chemical manufacturing facility" is a facility
for which all of the following is true: its primary SIC code is 2869, but its
operations may also include SIC codes 2821, 2822, and 2865; it is physically
co-located with a petroleum refinery; and the petroleum refinery to which the
oil being recycled is returned also provides hydrocarbon feedstocks to the
organic chemical manufacturing facility. "Petrochemical recovered oil" is oil
that has been reclaimed from secondary materials (i.e., sludges, by-products,
or spent materials, including wastewater) from normal organic chemical
manufacturing operations, as well as oil recovered from organic chemical
manufacturing processes.
19) Spent caustic solutions from petroleum
refining liquid treating processes used as a feedstock to produce cresylic or
naphthenic acid, unless the material is placed on the land or accumulated
speculatively, as defined in Section
721.101(c).
20) Hazardous secondary materials used to
make zinc fertilizers, provided that the following conditions are satisfied:
A) Hazardous secondary materials used to make
zinc micronutrient fertilizers must not be accumulated speculatively, as
defined in Section
721.101(c)(8).
B) A generator or intermediate handler of
zinc-bearing hazardous secondary materials that are to be incorporated into
zinc fertilizers must fulfill the following conditions:
i) It must submit a one-time notice to the
Agency that contains the name, address, and USEPA identification number of the
generator or intermediate handler facility, that provides a brief description
of the secondary material that will be subject to the exclusion, and which
identifies when the manufacturer intends to begin managing excluded
zinc-bearing hazardous secondary materials under the conditions specified in
this subsection (a)(20).
ii) It
must store the excluded secondary material in tanks, containers, or buildings
that are constructed and maintained in a way that prevents releases of the
secondary materials into the environment. At a minimum, any building used for
this purpose must be an engineered structure made of non-earthen materials that
provide structural support, and it must have a floor, walls, and a roof that
prevent wind dispersal and contact with rainwater. A tank used for this purpose
must be structurally sound and, if outdoors, it must have a roof or cover that
prevents contact with wind and rain. A container used for this purpose must be
kept closed, except when it is necessary to add or remove material, and it must
be in sound condition. Containers that are stored outdoors must be managed
within storage areas that fulfill the conditions of subsection
(a)(20)(F).
iii) With each off-site
shipment of excluded hazardous secondary materials, it must provide written
notice to the receiving facility that the material is subject to the conditions
of this subsection (a)(20).
iv) It
must maintain records at the generator's or intermediate handler's facility,
for no less than three years, of all shipments of excluded hazardous secondary
materials. For each shipment these records must, at a minimum, contain the
information specified in subsection (a)(20)(G).
C) A manufacturer of zinc fertilizers or zinc
fertilizer ingredients made from excluded hazardous secondary materials must
fulfill the following conditions:
i) It must
store excluded hazardous secondary materials in accordance with the storage
requirements for generators and intermediate handlers, as specified in
subsection (a)(20)(B)(ii).
ii) It
must submit a one-time notification to the Agency that, at a minimum, specifies
the name, address, and USEPA identification number of the manufacturing
facility and that identifies when the manufacturer intends to begin managing
excluded zinc-bearing hazardous secondary materials under the conditions
specified in this subsection (a)(20).
iii) It must maintain for a minimum of three
years records of all shipments of excluded hazardous secondary materials
received by the manufacturer, which must at a minimum identify for each
shipment the name and address of the generating facility, the name of
transporter, and the date on which the materials were received, the quantity
received, and a brief description of the industrial process that generated the
material.
iv) It must submit an
annual report to the Agency that identifies the total quantities of all
excluded hazardous secondary materials that were used to manufacture zinc
fertilizers or zinc fertilizer ingredients in the previous year, the name and
address of each generating facility, and the industrial processes from which
the hazardous secondary materials were generated.
D) Nothing in this Section preempts,
overrides, or otherwise negates the provision in 35 Ill. Adm. Code
722.111
that requires any person who generates a solid waste to determine if that waste
is a hazardous waste.
E) Interim
status and permitted storage units that have been used to store only
zinc-bearing hazardous wastes prior to the submission of the one-time notice
described in subsection (a)(20)(B)(i), and that afterward will be used only to
store hazardous secondary materials excluded under this subsection (a)(20), are
not subject to the closure requirements of 35 Ill. Adm. Code 724 and
725.
F) A container used to store
excluded secondary material must fulfill the following conditions:
i) It must have containment structures or
systems sufficiently impervious to contain leaks, spills, and accumulated
precipitation;
ii) It must provide
for effective drainage and removal of leaks, spills, and accumulated
precipitation; and
iii) It must
prevent run-on into the containment system.
BOARD NOTE: Subsections (a)(20)(F)(i) through (a)(20)(F)(iii) are derived from 40 CFR 261.4(a)(20)(ii)(B) (1) through (a)(20)(ii)(B)(3). The Board added the preamble to these federal paragraphs as subsection (a)(20)(F) to comport with Illinois Administrative Code codification requirements.
G) Required records of
shipments of excluded hazardous secondary materials must, at a minimum, contain
the following information:
i) The name of the
transporter and date of the shipment;
ii) The name and address of the facility that
received the excluded material, along with documentation confirming receipt of
the shipment; and
iii) The type and
quantity of excluded secondary material in each shipment.
BOARD NOTE: Subsections (a)(20)(G)(i) through (a)(20)(G)(iii) are derived from 40 CFR 261.4(a)(20)(ii)(D) (1) through (a)(20)(ii)(D)(3). The Board added the preamble to these federal paragraphs as subsection (a)(20)(G) to comport with Illinois Administrative Code codification requirements.
21) Zinc
fertilizers made from hazardous wastes or hazardous secondary materials that
are excluded under subsection (a)(20), provided that the following conditions
are fulfilled:
A) The fertilizers meet the
following contaminant limits:
i) For metal
contaminants:
|
Constituent |
Maximum Allowable Total Concentration in Fertilizer, per Unit (1%) of Zinc (ppm) |
|
Arsenic |
0.3 |
|
Cadmium |
1.4 |
|
Chromium |
0.6 |
|
Lead |
2.8 |
|
Mercury |
0.3 |
ii)
For dioxin contaminants, the fertilizer must contain no more than eight parts
per trillion of dioxin, measured as toxic equivalent (TEQ).
B) The manufacturer performs
sampling and analysis of the fertilizer product to determine compliance with
the contaminant limits for metals no less frequently than once every six
months, and for dioxins no less frequently than once every 12 months. Testing
must also be performed whenever changes occur to manufacturing processes or
ingredients that could significantly affect the amounts of contaminants in the
fertilizer product. The manufacturer may use any reliable analytical method to
demonstrate that no constituent of concern is present in the product at
concentrations above the applicable limits. It is the responsibility of the
manufacturer to ensure that the sampling and analysis are unbiased, precise,
and representative of the products introduced into commerce.
C) The manufacturer maintains, for no less
than three years, records of all sampling and analyses performed for purposes
of determining compliance with subsection (a)(21)(B). Such records must at a
minimum include the following:
i) The dates
and times product samples were taken, and the dates the samples were
analyzed;
ii) The names and
qualifications of the persons taking the samples;
iii) A description of the methods and
equipment used to take the samples;
iv) The name and address of the laboratory
facility at which analyses of the samples were performed;
v) A description of the analytical methods
used, including any cleanup and sample preparation methods; and
vi) All laboratory analytical results used to
determine compliance with the contaminant limits specified in this subsection
(a)(21).
22)
Used CRTs
A) Used, intact CRTs, as defined in
35 Ill. Adm. Code 720.110, are not solid waste within the United States, unless
they are disposed of or speculatively accumulated, as defined in Section
721.101(c)(8),
by a CRT collector or glass processor.
B) Used, intact CRTs, as defined in 35 Ill.
Adm. Code 720.110, are not solid waste when exported for recycling, provided
that they meet the requirements of Section
721.140.
C) Used, broken CRTs, as defined in 35 Ill.
Adm. Code 720.110, are not solid waste, provided that they meet the
requirements of Section
721.139.
D) Glass removed from CRTs is not a solid
waste provided that it meets the requirements of Section
721.139(c).
23) Hazardous Secondary Materials
Reclaimed under the Control of the Generator. Hazardous secondary material
generated and legitimately reclaimed within the United States or its
territories and under the control of the generator, provided that the material
complies with subsections (a)(23)(A) and (a)(23)(B):
A) Excluded Hazardous Secondary Materials
i) The hazardous secondary material is
generated and reclaimed at the generating facility. (For purposes of this
subsection (a)(23)(A)(i), "generating facility" means all contiguous property
owned, leased, or otherwise controlled by the hazardous secondary material
generator.);
ii) The hazardous
secondary material is generated and reclaimed at different facilities, if the
reclaiming facility is controlled by the generator or if both the generating
facility and the reclaiming facility are controlled by a person as defined in
35 Ill. Adm. Code 720.110, and if the generator provides one of the following
certifications:
"On behalf of [insert generator facility name], I certify that this facility will send the indicated hazardous secondary material to [insert reclaimer facility name], which is controlled by [insert generator facility name] and that [insert name of either facility] has acknowledged full responsibility for the safe management of the hazardous secondary material."
or
"On behalf of [insert generator facility name], I certify that this facility will send the indicated hazardous secondary material to [insert reclaimer facility name], that both facilities are under common control, and that [insert name of either facility] has acknowledged full responsibility for the safe management of the hazardous secondary material."
For purposes of this subsection (a)(23)(A)(ii), "control" means the power to direct the policies of the facility, whether by the ownership of stock, voting rights, or otherwise, except that contractors who operate facilities on behalf of a different person, as defined in 35 Ill. Adm. Code 720.110, cannot be deemed to "control" such facilities. The generating and receiving facilities must both maintain at their facilities, for no less than three years, records of hazardous secondary materials sent or received under this exclusion. In both cases, the records must contain the name of the transporter, the date of the shipment, and the type and quantity of the hazardous secondary material shipped or received under the exclusion. These requirements may be satisfied by routine business records (e.g., financial records, bills of lading, copies of USDOT shipping papers, or electronic confirmations); or
iii) The
hazardous secondary material is generated under a written contract between a
tolling contractor and a toll manufacturer and is reclaimed by the tolling
contractor, if the tolling contractor certifies as follows:
"On behalf of [insert tolling contractor name], I certify that [insert tolling contractor name] has a written contract with [insert toll manufacturer name] to manufacture [insert name of product or intermediate] which is made from specified unused materials, and that [insert tolling contractor name] will reclaim the hazardous secondary materials generated during this manufacture. On behalf of [insert tolling contractor name], I also certify that [insert tolling contractor name] retains ownership of, and responsibility for, the hazardous secondary materials that are generated during the course of the manufacture, including any releases of hazardous secondary materials that occur during the manufacturing process."
The tolling contractor must maintain at its facility, for no less than three years, records of hazardous secondary materials received under its written contract with the tolling manufacturer, and the tolling manufacturer must maintain at its facility, for no less than three years, records of hazardous secondary materials shipped under its written contract with the tolling contractor. In both cases, the records must contain the name of the transporter, the date of the shipment, and the type and quantity of the hazardous secondary material shipped or received under the written contract. These requirements may be satisfied by routine business records (e.g., financial records, bills of lading, copies of USDOT shipping papers, or electronic confirmations). For purposes of this subsection (a)(23)(A)(ii), "tolling contractor" means a person who arranges for the production of a product or intermediate made from specified unused materials through a written contract with a toll manufacturer. "Toll manufacturer" means a person who produces a product or intermediate made from specified unused materials under a written contract with a tolling contractor.
B) Management of Hazardous Secondary
Materials
i) The hazardous secondary material
is contained, as defined in 35 Ill. Adm. Code 720.110. A hazardous secondary
material released to the environment is discarded material and a solid waste
unless it is immediately recovered for the purpose of reclamation. Hazardous
secondary material managed in a unit with leaks or other continuing or
intermittent unpermitted releases is discarded material and a solid
waste;
ii) The hazardous secondary
material is not speculatively accumulated, as defined in Section
721.101(c)(8);
iii) Notice is provided, as required by 35
Ill. Adm. Code
720.142;
iv) The hazardous secondary material is not
otherwise subject to material-specific management conditions under subsection
(a) when reclaimed, and it is not a spent lead acid battery (see 35 Ill. Adm.
Code
726.180
and
733.102);
v) Persons performing the recycling
of hazardous secondary materials under this exclusion must maintain
documentation of their legitimacy determination on-site. Documentation must be
a written description of how the recycling meets all three factors in 35 Ill.
Adm. Code
720.143(a)
and how the factor in 35 Ill. Adm. Code
720.143(b)
was considered. Documentation must be maintained for three years after the
recycling operation has ceased; and
vi) The emergency preparedness and response
requirements found in Subpart M are met.
24) Hazardous Secondary Materials Transferred
for Off-Site Reclamation. Hazardous secondary material that is generated and
then transferred to another person for the purpose of reclamation is not a
solid waste if the management of the material fulfills the conditions of
subsections (a)(24)(A) through (a)(24)(G):
A)
The hazardous secondary material must not be speculatively accumulated, as
defined in Section
721.101(c)(8).
B) No person or facility other than the
hazardous secondary material generator, the transporter, an intermediate
facility, or a reclaimer manages the material; the hazardous secondary material
must not be stored for more than ten days at a transfer facility, as defined in
Section
721.110;
and the hazardous secondary material must be packaged according to applicable
USDOT regulations codified as 49 CFR 173, 178, and 179, incorporated by
reference in 35 Ill. Adm. Code 720.111, while in transport.
C) The hazardous secondary material must not
otherwise be subject to material-specific management conditions under other
provisions of this subsection (a) when reclaimed, and the hazardous secondary
material must not be a spent lead-acid battery (see 35 Ill. Adm. Code
726.180
and 733.102).
D) The reclamation of
the hazardous secondary material must be legitimate, as determined under 35
Ill. Adm. Code 720.143.
E) The
hazardous secondary material generator must satisfy each of the following
conditions:
i) The hazardous secondary
material must be contained as defined in 35 Ill. Adm. Code 720.110. A hazardous
secondary material released to the environment is discarded and a solid waste
unless it is immediately recovered for the purpose of recycling. Hazardous
secondary material managed in a unit that leaks or that otherwise continuously
releases hazardous secondary material is discarded material and a solid
waste.
ii) Prior to arranging for
transport of hazardous secondary materials to a reclamation facility where the
hazardous secondary material is managed in a unit that is not subject to a RCRA
permit or interim status standards, the hazardous secondary material generator
must make reasonable efforts to ensure that each reclaimer intends to properly
and legitimately reclaim the hazardous secondary material and not discard it,
and that each reclaimer will manage the hazardous secondary material in a
manner that is protective of human health and the environment. If the hazardous
secondary material will pass through an intermediate facility where the
hazardous secondary materials is managed at that facility in a unit that is not
subject to a RCRA permit or interim status standards, the hazardous secondary
material generator must make contractual arrangements with the intermediate
facility to ensure that the hazardous secondary material is sent to the
reclamation facility identified by the hazardous secondary material generator,
and the hazardous secondary material generator must perform reasonable efforts
to ensure that the intermediate facility will manage the hazardous secondary
material in a manner that is protective of human health and the environment.
Reasonable efforts must be repeated at a minimum of every three years for the
hazardous secondary material generator to claim the exclusion and to send the
hazardous secondary materials to each reclaimer and any intermediate facility.
In making these reasonable efforts, the generator may use any credible evidence
available, including information gathered by the hazardous secondary material
generator, provided by the reclaimer or intermediate facility, or provided by a
third party. The hazardous secondary material generator must affirmatively
answer all of the questions in subsection (a)(24)(H) for each reclamation
facility and any intermediate facility.
BOARD NOTE: The Board moved the required generator inquiries of 40 CFR 261.4(a)(24)(v)(B) (1) through (a)(24)(v)(B)(5) to subsection (a)(24)(H) to comply with codification requirements.
iii) The hazardous secondary material
generator must maintain for a minimum of three years documentation and
certification that reasonable efforts were made for each reclamation facility
and, if applicable, intermediate facility where the facility manages the
hazardous secondary materials in a unit that is not subject to a RCRA permit or
interim status standards prior to transferring hazardous secondary material.
Documentation and certification must be made available upon request by USEPA or
the Agency within 72 hours, or within a longer period of time as specified by
USEPA or the Agency. The certification statement must include the printed name
and official title of an authorized representative of the hazardous secondary
material generator company, the authorized representative's signature, and the
date signed. The certification statement must also incorporate the following
language:
"I hereby certify in good faith and to the best of my knowledge that, prior to arranging for transport of excluded hazardous secondary materials to [insert name(s) of reclamation facility and any intermediate facility], reasonable efforts were made in accordance with 35 Ill. Adm. Code 721.104(a)(24)(E)(ii) to ensure that the hazardous secondary materials would be recycled legitimately, and otherwise managed in a manner that is protective of human health and the environment, and that such efforts were based on current and accurate information."
BOARD NOTE: The Board combined the documentation, certification, and records retention requirements of corresponding 40 CFR 261.4(a)(24)(v)(C) (1) through (a)(24)(v)(C)(3) into subsection (a)(24)(E)(iii) to comply with codification requirements.
iv) The hazardous secondary material
generator must maintain certain records at the generating facility for a
minimum of three years that document every off-site shipment of hazardous
secondary materials. The documentation for each shipment must, at a minimum,
include the following information about the shipment: the name of the
transporter and date of the shipment; the name and address of each reclaimer
and intermediate facility to which the hazardous secondary material was sent;
and the type and quantity of hazardous secondary material in the shipment.
BOARD NOTE: The Board combined and moved the shipping documentation and records retention requirements of corresponding 40 CFR 261.4(a)(24)(v)(C) and (a)(24)(v)(C)(1) through (a)(24)(v)(C)(3) to this single subsection (a)(24)(E)(iv). This combination allowed compliance with codification requirements relating to the maximum permissible indent level.
v) The hazardous secondary
material generator must maintain at the generating facility, for a minimum of
three years, for every off-site shipment of hazardous secondary materials,
confirmations of receipt from each reclaimer and intermediate facility to which
its hazardous secondary materials were sent. Each confirmation of receipt must
include the name and address of the reclaimer (or intermediate facility), the
type and quantity of the hazardous secondary materials received, and the date
on which the facility received the hazardous secondary materials. The generator
may satisfy this requirement using routine business records (e.g., financial
records, bills of lading, copies of USDOT shipping papers, or electronic
confirmations of receipt).
vi) The
hazardous secondary material generator must comply with the emergency
preparedness and response conditions in Subpart M.
BOARD NOTE: The Board intends that "RCRA permit" in subsections (a)(24)(E)(ii) and (a)(24)(E)(iii) include a permit issued by USEPA or a sister state under section 3005 of RCRA ( 42 USC 6925).
F) The reclaimer of hazardous secondary
material or any intermediate facility, as defined in 35 Ill. Adm. Code 720.110,
that manages material that is excluded from regulation under this subsection
(a)(24) must satisfy all of the following conditions:
i) The owner or operator of a reclamation or
intermediate facility must maintain at its facility for a minimum of three
years records of every shipment of hazardous secondary material that the
facility received and, if applicable, for every shipment of hazardous secondary
material that the facility received and subsequently sent off-site from the
facility for further reclamation. For each shipment, these records must, at a
minimum, contain the following information: the name of the transporter and
date of the shipment; the name and address of the hazardous secondary material
generator and, if applicable, the name and address of the reclaimer or
intermediate facility from which the facility received the hazardous secondary
materials; the type and quantity of hazardous secondary material in the
shipment; and, for hazardous secondary materials that the facility subsequently
transferred off-site for further reclamation after receiving it, the name and
address of the (subsequent) reclaimer and any intermediate facility to which
the facility sent the hazardous secondary material.
BOARD NOTE: The Board combined the provisions from 40 CFR 261.4(a)(24)(vi)(A) and (a)(24)(vi)(A)(1) through (a)(24)(vi)(A)(3) that enumerate the required information into this single subsection (a)(24)(F)(i). This combination allowed compliance with codification requirements relating to the maximum permissible indent level.
ii) The
intermediate facility must send the hazardous secondary material to the
reclaimers designated by the generator of the hazardous secondary
materials.
iii) The reclaimer or
intermediate facility that receives a shipment of hazardous secondary material
must send a confirmation of receipt to the hazardous secondary material
generator for each off-site shipment of hazardous secondary materials. A
confirmation of receipt must include the name and address of the reclaimer (or
intermediate facility), the type and quantity of the hazardous secondary
materials received, and the date on which the facility received the hazardous
secondary materials. The reclaimer or intermediate facility may satisfy this
requirement using routine business records (e.g., financial records, bills of
lading, copies of USDOT shipping papers, or electronic confirmations of
receipt).
iv) The reclaimer or
intermediate facility must manage the hazardous secondary material in a manner
that is at least as protective of human health and the environment as that
employed for analogous raw material, and the material must be contained. An
"analogous raw material" is a raw material for which the hazardous secondary
material substitutes and that serves the same function and has similar physical
and chemical properties as the hazardous secondary material.
v) A reclaimer of hazardous secondary
materials must manage any residuals that are generated from its reclamation
processes in a manner that is protective of human health and the environment.
If any residuals of the reclamation process exhibit a characteristic of
hazardous waste, as defined in Subpart C, or if the residuals themselves are
specifically listed as hazardous waste in Subpart D, those residuals are
hazardous waste. The reclaimer and any subsequent persons must manage that
hazardous waste in accordance with the applicable requirements of 35 Ill. Adm.
Code: Subtitle G or similar regulations authorized by USEPA as equivalent to 40
CFR 260 through 272.
vi) The
reclaimer and intermediate facility must have financial assurance that
satisfies the requirements of Subpart H.
G) In addition, any person claiming the
exclusion for recycled hazardous secondary material under this subsection
(a)(24) must provide notification as required by 35 Ill. Adm. Code
720.142.
H) For the purposes of the
reasonable inquiries required by subsection (a)(24)(E)(ii), the hazardous
secondary material generator must affirmatively answer all of the following
questions for each reclamation facility and any intermediate facility:
i) Does the available information indicate
that the reclamation process is legitimate under 35 Ill. Adm. Code 720.143? In
answering this question, the hazardous secondary material generator can rely on
its existing knowledge of the physical and chemical properties of the hazardous
secondary material, as well as information from other sources (e.g., the
reclamation facility, audit reports, etc.) about the reclamation
process.
ii) Does the publicly
available information indicate that the reclamation facility and any
intermediate facility that is used by the hazardous secondary material
generator notified the appropriate authorities of hazardous secondary materials
reclamation activities under 35 Ill. Adm. Code 720.142, and have they notified
the appropriate authorities that the financial assurance condition is satisfied
per subsection (a)(24)(F)(vi)? In answering these questions, the hazardous
secondary material generator can rely on the available information documenting
the reclamation facility's and any intermediate facility's compliance with the
notification requirements per 35 Ill. Adm. Code 720.142, including the
requirement in 35 Ill. Adm. Code
720.142(a)(5)
to notify USEPA or the Agency whether the
reclaimer or intermediate facility has financial assurance.
iii) Does publicly available information
indicate that the reclamation facility or any intermediate facility that is
used by the hazardous secondary material generator has not had any formal
enforcement actions taken against the facility in the previous three years for
violations of the RCRA hazardous waste regulations and has not been classified
as a significant noncomplier with RCRA Subtitle C? In answering this question,
the hazardous secondary material generator can rely on the publicly available
information from USEPA or the state. If the reclamation facility or any
intermediate facility that is used by the hazardous secondary material
generator has had a formal enforcement action taken against the facility in the
previous three years for violations of the RCRA hazardous waste regulations and
has been classified as a significant non-complier with RCRA Subtitle C, does
the hazardous secondary material generator have credible evidence that the
facility will manage the hazardous secondary materials properly? In answering
this question, the hazardous secondary material generator can obtain additional
information from USEPA, the state, or the facility itself that the facility has
addressed the violations, taken remedial steps to address the violations and
prevent future violations, or that the violations are not relevant to the
proper management of the hazardous secondary materials.
iv) Does the available information indicate
that the reclamation facility and any intermediate facility that is used by the
hazardous secondary material generator have the equipment and trained personnel
to safely recycle the hazardous secondary material? In answering this question,
the generator may rely on a description by the reclamation facility or by an
independent third party of the equipment and trained personnel to be used to
recycle the generator's hazardous secondary material.
v) If residuals are generated from the
reclamation of the excluded hazardous secondary materials, does the reclamation
facility have the permits required (if any) to manage the residuals? If not,
does the reclamation facility have a contract with an appropriately permitted
facility to dispose of the residuals? If not, does the hazardous secondary
material generator have credible evidence that the residuals will be managed in
a manner that is protective of human health and the environment? In answering
these questions, the hazardous secondary material generator can rely on
publicly available information from USEPA or the state, or information provided
by the facility itself.
BOARD NOTE: The Board moved the required generator inquiries into a reclamation or intermediate facility of 40 CFR 261.4(a)(24)(v)(B) and (a)(24)(v)(B)(1) through (a)(24)(v)(B)(5) to this subsection (a)(24)(H) to comply with codification requirements.
25) Hazardous
secondary material that is exported from the United States and reclaimed at a
reclamation facility located in a foreign country is not a solid waste,
provided that the hazardous secondary material generator complies with the
applicable requirements of subsections (a)(24)(A) through (a)(24)(E) and
(a)(24)(H) (excepting subsection (a)(24)(H)(ii) for foreign reclaimers and
foreign intermediate facilities), and that the hazardous secondary material
generator also complies with the following requirements:
A) The generator must notify USEPA of an
intended export before the hazardous secondary material is scheduled to leave
the United States. The generator must submit a complete notification at least
60 days before the initial shipment is intended to be shipped off-site. This
notification may cover export activities extending over a 12-month or lesser
period. The notification must be in writing, signed by the hazardous secondary
material generator, and include the following information:
i) The name, mailing address, telephone
number and USEPA identification number (if applicable) of the hazardous
secondary material generator;
ii) A
description of the hazardous secondary material and the USEPA hazardous waste
number that would apply if the hazardous secondary material were managed as
hazardous waste and the USDOT proper shipping name, hazard class and
identification number (UN or NA) for each hazardous secondary material as
identified in the hazardous materials table in
49 CFR
172.101, incorporated by reference in 35 Ill.
Adm. Code 720.111;
iii) The
estimated frequency or rate at which the hazardous secondary material is to be
exported and the period of time over which the hazardous secondary material is
to be exported;
iv) The estimated
total quantity of hazardous secondary material;
v) All points of entry to and departure from
each foreign country through which the hazardous secondary material will
pass;
vi) A description of the
means by which each shipment of the hazardous secondary material will be
transported (e.g., mode of transportation vehicle (air, highway, rail, water,
etc.), types of container (drums, boxes, tanks, etc.), etc.);
vii) A description of the manner in which the
hazardous secondary material will be reclaimed in the country of
import;
viii) The name and address
of the reclaimer, any intermediate facility, and any alternate reclaimer and
intermediate facilities; and
ix)
The name of any countries of transit through which the hazardous secondary
material will be sent and a description of the approximate length of time it
will remain in such countries and the nature of its handling while there (for
purposes of this Section, the terms "USEPA Acknowledgement of Consent",
"country of import", and "country of transit" are used as defined in 35 Ill.
Adm. Code
722.181 with the
exception that the terms in this Section refer to hazardous secondary
materials, rather than hazardous waste).
B) The generator must submit notifications
electronically using USEPA's Waste Import Export Tracking System
(WIETS).
C) Except for changes to
the telephone number required in subsection (a)(25)(A)(i) and decreases in the
quantity of hazardous secondary material indicated under subsection
(a)(25)(A)(iv), when the conditions specified on the original notification
change (including any exceedance of the estimate of the quantity of hazardous
secondary material specified in the original notification), the hazardous
secondary material generator must provide USEPA with a written renotification
of the change. The shipment must not occur until consent of the country of
import to the changes (except for changes to subsection (a)(25)(A)(ix) and in
the ports of entry to and departure from countries of transit under subsection
(a)(25)(A)(v)) has been obtained and the hazardous secondary material generator
receives from USEPA a USEPA Acknowledgment of Consent reflecting the country of
import's consent to the changes.
D)
Upon request by USEPA, the hazardous secondary material generator must furnish
to USEPA any additional information that a country of import requests in order
to respond to a notification.
E)
USEPA will provide a complete notification to the country of import and any
countries of transit. A notification is complete when USEPA receives a
notification that USEPA determines satisfies the requirements of subsection
(a)(25)(A). When a claim of confidentiality is asserted with respect to any
notification information required by subsection (a)(25)(A), USEPA may find the
notification not complete until any such claim is resolved in accordance with
35 Ill. Adm. Code
720.102.
F) The export of hazardous secondary material
under this subsection (a)(25) is prohibited unless the country of import
consents to the intended export. When the country of import consents in writing
to the receipt of the hazardous secondary material, USEPA will send an USEPA
Acknowledgment of Consent to the hazardous secondary material generator. When
the country of import objects to receipt of the hazardous secondary material or
withdraws a prior consent, USEPA will notify the hazardous secondary material
generator in writing. USEPA will also notify the hazardous secondary material
generator of any responses from countries of transit.
G) For exports to OECD member countries, the
receiving country may respond to the notification using tacit consent. If no
objection has been lodged by any country of import or countries of transit to a
notification provided under subsection (a)(25)(A) within 30 days after the date
of issuance of the acknowledgement of receipt of notification by the competent
authority of the country of import, the transboundary movement may commence. In
such cases, USEPA will send a USEPA Acknowledgment of Consent to inform the
hazardous secondary material generator that the country of import and any
relevant countries of transit have not objected to the shipment and are thus
presumed to have consented tacitly. Tacit consent expires one calendar year
after the close of the 30-day period; renotification and renewal of all
consents is required for exports after that date.
H) A copy of the USEPA Acknowledgment of
Consent must accompany the shipment. The shipment must conform to the terms of
the USEPA Acknowledgment of Consent.
I) If the shipment cannot be delivered for
any reason to the reclaimer, intermediate facility or the alternate reclaimer
or alternate intermediate facility, the hazardous secondary material generator
must re-notify USEPA of a change in the conditions of the original notification
to allow shipment to a new reclaimer in accordance with subsection (a)(25)(C)
of this Section and obtain another USEPA Acknowledgment of Consent.
J) Hazardous secondary material generators
must keep a copy of each notification of intent to export and each USEPA
Acknowledgment of Consent for a period of three years following receipt of the
USEPA Acknowledgment of Consent. They may satisfy this recordkeeping
requirement by retaining electronically submitted notifications or
electronically generated Acknowledgements in their account on USEPA's WIETS,
provided that such copies are readily available for viewing and production if
requested by any USEPA or Agency inspector. No hazardous secondary material
generator may be held liable for the inability to produce a notification or
Acknowledgement for inspection under this Section if it can demonstrate that
the inability to produce such copies is due exclusively to technical difficulty
with USEPA's WIETS for which the hazardous secondary material generator bears
no responsibility.
K) Hazardous
secondary material generators must file with USEPA, no later than March 1 of
each year, a report summarizing the types, quantities, frequency and ultimate
destination of all hazardous secondary materials exported during the previous
calendar year. Annual reports must be submitted electronically using USEPA's
WIETS. Such reports must include the following information:
i) Name, mailing and site address, and USEPA
identification number (if applicable) of the hazardous secondary material
generator;
ii) The calendar year
covered by the report;
iii) The
name and site address of each reclaimer and intermediate facility;
iv) By reclaimer and intermediate facility,
for each hazardous secondary material exported, a description of the hazardous
secondary material and the USEPA hazardous waste number that would apply if the
hazardous secondary material were managed as hazardous waste; the USDOT hazard
class, incorporated by reference in 35 Ill. Adm. Code 720.111; the name and
USEPA identification number (if applicable) for each transporter used, the
total amount of hazardous secondary material shipped, and the number of
shipments under each notification; and
v) A certification signed by the hazardous
secondary material generator that states as follows:
"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this 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."
L) Any person claiming an exclusion under
this subsection (a)(25) must provide notification as required by 35 Ill. Adm.
Code 720.142.
26)
Solvent-contaminated wipes that are sent for cleaning and reuse are not solid
wastes from the point of generation, provided that all of the following
conditions are fulfilled:
A) The
solvent-contaminated wipes, when accumulated, stored, and transported, are
contained in non-leaking, closed containers that are labeled "Excluded
Solvent-Contaminated Wipes". The containers must be able to contain free
liquids, should free liquids occur. During accumulation, a container is
considered closed when there is complete contact between the fitted lid and the
rim, except when it is necessary to add or remove solvent-contaminated wipes.
When the container is full, when the solvent-contaminated wipes are no longer
being accumulated, or when the container is being transported, the container
must be sealed with all lids properly and securely affixed to the container and
all openings tightly bound or closed sufficiently to prevent leaks and
emissions;
B) The
solvent-contaminated wipes may be accumulated by the generator for up to 180
days from the start date of accumulation for each container prior to being sent
for cleaning;
C) At the point of
being sent for cleaning on-site or at the point of being transported off-site
for cleaning, the solvent-contaminated wipes must contain no free liquids, as
defined in 35 Ill. Adm. Code 720.110;
D) Free liquids removed from the
solvent-contaminated wipes or from the container holding the wipes must be
managed according to the applicable regulations found in this Part and 35 Ill.
Adm. Code 720, 722 through 728, and 733;
E) Generators must maintain at their site the
following documentation:
i) The name and
address of the laundry or dry cleaner that is receiving the
solvent-contaminated wipes;
ii) The
documentation that the 180-day accumulation time limit in 35 Ill. Adm. Code
721.104(a)(26)(B) is being met; and
iii) A description of the process the
generator is using to ensure that the solvent-contaminated wipes contain no
free liquids at the point of being laundered or dry cleaned on-site or at the
point of being transported off-site for laundering or dry cleaning;
and
F) The
solvent-contaminated wipes are sent to a laundry or dry cleaner whose
discharge, if any, is regulated under sections 301 and 402 or section 307 of
the federal Clean Water Act (
33 USC 1311
and
1341 or
33
USC 1317) or equivalent Illinois or sister-state requirements approved by USEPA
under
33 USC 1311
through
1346
and
1370.
27) Hazardous secondary material
that is generated and then transferred to another person for the purpose of
remanufacturing is not a solid waste, provided that the following conditions
are fulfilled:
BOARD NOTE: The North American Industrial Classification System (NAICS) codes used in this subsection (a)(27) are defined in the NAICS Manual, available from the Office of Management and Budget and incorporated by reference in 35 Ill. Adm. Code 720.111.
A) The hazardous secondary material consists
of one or more of the following spent solvents: toluene, xylenes, ethylbenzene,
1,2,4-trimethylbenzene, chlorobenzene, n-hexane, cyclohexane, methyl tert-butyl
ether, acetonitrile, chloroform, chloromethane, dichloromethane, methyl
isobutyl ketone, N,N-dimethylformamide, tetrahydrofuran, n-butyl alcohol,
ethanol, or methanol.
B) The
hazardous secondary material originated from using one or more of the solvents
listed in subsection (a)(27)(A) in a commercial grade for reacting, extracting,
purifying, or blending chemicals (or for rinsing out the process lines
associated with these functions) in the pharmaceutical manufacturing (NAICS
325412), basic organic chemical manufacturing (NAICS 325199), plastics and
resins manufacturing (NAICS 325211), or the paints and coatings manufacturing
sectors (NAICS 325510).
C) The
hazardous secondary material generator sends the hazardous secondary material
spent solvents listed in subsection (a)(27)(A) to a remanufacturer in the
pharmaceutical manufacturing (NAICS 325412), basic organic chemical
manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211),
or the paints and coatings manufacturing sectors (NAICS 325510).
D) After remanufacturing one or more of the
solvents listed in subsection (a)(27)(A), the use of the remanufactured solvent
must be limited to reacting, extracting, purifying, or blending chemicals (or
for rinsing out the process lines associated with these functions) in the
pharmaceutical manufacturing (NAICS 325412), basic organic chemical
manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211),
and the paints and coatings manufacturing sectors (NAICS 325510) or to using
them as ingredients in a product. These allowed uses correspond to chemical
functional uses enumerated in
40 CFR
711.15(b)(4)(i)(C)
(Reporting Information to EPA), incorporated by reference in 35 Ill. Adm. Code
720.111, including Industrial Function Category Codes U015 (solvents consumed
in a reaction to produce other chemicals) and U030 (solvents that become part
of the mixture).
BOARD NOTE: The Board observes that the citation to Toxic Substances Control Act function categories and use of the word "including" to preface specific example Industrial Function Category Codes does not expand the range of permissible uses beyond the express limitations recited in the first segment of this subsection (a)(27)(D) and subsection (a)(27)(E).
E) After remanufacturing one or
more of the solvents listed in subsection (a)(27)(i), the use of the
remanufactured solvent does not involve cleaning or degreasing oil, grease, or
similar material from textiles, glassware, metal surfaces, or other articles.
(These disallowed continuing uses correspond to chemical functional uses in
Industrial Function Category Code U029 (solvents (for cleaning and degreasing))
in
40 CFR
711.15(b)(4)(i)(C),
incorporated by reference in 35 Ill. Adm. Code 720.111.
F) Both the hazardous secondary material
generator and the remanufacturer must fulfill the following requirements:
i) The generator and remanufacturer must
notify USEPA Region 5 and the Agency, and update the notification every two
years per 35 Ill. Adm. Code 720.142;
ii) The generator and remanufacturer must
develop and maintain an up-to-date remanufacturing plan that identifies the
information enumerated in subsection (a)(27)(G);
BOARD NOTE: The Board moved corresponding 40 CFR 261.4(a)(27)(vi)(B)(1) through (a)(27)(vi)(B)(1) to appear as subsections (a)(27)(G)(i) through (a)(27)(G)(v) to comport with codification requirements.
iii) The
generator and remanufacturer must maintain records of shipments and
confirmations of receipts for a period of three years from the dates of the
shipments;
iv) The generator and
remanufacturer must, prior to remanufacturing, store the hazardous spent
solvents in tanks or containers that meet technical standards found in Subparts
I and J, with the tanks and containers being labeled or otherwise having an
immediately available record of the material being stored;
v) The generator and remanufacturer must,
during remanufacturing, and during storage of the hazardous secondary materials
prior to remanufacturing, the remanufacturer certifies that the remanufacturing
equipment, vents, and tanks are equipped with and are operating air emission
controls in compliance with the applicable Clean Air Act regulations of 40 CFR
60, 61 and 63, incorporated by reference in 35 Ill. Adm. Code 720.111; or,
absent such Clean Air Act standards for the particular operation or piece of
equipment covered by the remanufacturing exclusion, are in compliance with the
appropriate standards in Subparts AA (vents), BB (equipment) and CC (tank
storage); and
vi) The generator and
remanufacturer must meet the requirements prohibiting speculative accumulation
in Section
721.101(c)(8).
G) The following information items are
required elements for a remanufacturing plan.
i) The name, address and USEPA ID number of
the generators and the remanufacturers;
ii) The types and estimated annual volumes of
spent solvents to be remanufactured;
iii) The processes and industry sectors that
generate the spent solvents;
iv)
The specific uses and industry sectors for the remanufactured solvents; and
v) A certification from the
remanufacturer stating as follows:
"On behalf of [insert remanufacturer facility name], I certify that this facility is a remanufacturer under pharmaceutical manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211), and/or the paints and coatings manufacturing sectors (NAICS 325510), and will accept the spent solvent(s) for the sole purpose of remanufacturing into commercial-grade solvent(s) that will be used for reacting, extracting, purifying, or blending chemicals (or for rinsing out the process lines associated with these functions) or for use as product ingredient(s). I also certify that the remanufacturing equipment, vents, and tanks are equipped with and are operating air emission controls in compliance with the appropriate Clean Air Act regulations under 40 CFR 60, 61 or 63, or, absent such Clean Air Act standards for the particular operation or piece of equipment covered by the remanufacturing exclusion, are in compliance with the appropriate standards in Subparts AA (vents), BB (equipment) and CC (tank storage)."
BOARD NOTE: Subsections (a)(27)(G)(i) through (a)(27)(G)(v) correspond with 40 CFR 261.4(a)(27)(vi)(B) (1) through (a)(27)(vi)(B)(1), moved to this subsection (a)(27)(G) to comport with codification requirements.
b)
Solid Wastes That Are Not Hazardous Wastes. The following solid wastes are not
hazardous wastes:
1) Household waste,
including household waste that has been collected, transported, stored,
treated, disposed of, recovered (e.g., refuse-derived fuel), or reused.
"Household waste" means any waste material (including garbage, trash, and
sanitary wastes in septic tanks) derived from households (including single and
multiple residences, hotels, and motels, bunkhouses, ranger stations, crew
quarters, campgrounds, picnic grounds, and day-use recreation areas). A
resource recovery facility managing municipal solid waste must not be deemed to
be treating, storing, disposing of, or otherwise managing hazardous wastes for
the purposes of regulation under this Part, if the following describe the
facility:
A) The facility receives and burns
only the following waste:
i) Household waste
(from single and multiple dwellings, hotels, motels, and other residential
sources); or
ii) Solid waste from
commercial or industrial sources that does not contain hazardous waste;
and
B) The facility does
not accept hazardous waste and the owner or operator of such facility has
established contractual requirements or other appropriate notification or
inspection procedures to assure that hazardous wastes are not received at or
burned in such facility.
BOARD NOTE: The U.S. Supreme Court determined, in City of Chicago v. Environmental Defense Fund, Inc., 511 U.S. 328, 114 S. Ct. 1588, 128 L. Ed. 2d 302 (1994), that this exclusion and RCRA section 3001(i) ( 42 USC 6921(i)) do not exclude the ash from facilities covered by this subsection (b)(1) from regulation as a hazardous waste. At 59 Fed. Reg. 29372 (June 7, 1994), USEPA granted facilities managing ash from such facilities that is determined a hazardous waste under Subpart C until December 7, 1994 to file a Part A permit application under 35 Ill. Adm. Code 703.181. At 60 Fed. Reg. 6666 (Feb. 3, 1995), USEPA stated that it interpreted that the point at which ash becomes subject to RCRA Subtitle C regulation is when that material leaves the combustion building (including connected air pollution control equipment).
2) Solid wastes generated by any of the
following that are returned to the soil as fertilizers:
A) The growing and harvesting of agricultural
crops; or
B) The raising of
animals, including animal manures.
3) Mining overburden returned to the mine
site.
4) Coal and Fossil Fuel
Combustion Waste
A) Fly ash waste, bottom ash
waste, slag waste, and flue gas emission control waste generated primarily from
the combustion of coal or other fossil fuels, except as provided in 35 Ill.
Adm. Code
726.212
for facilities that burn or process hazardous waste.
B) The following wastes generated primarily
from processes that support the combustion of coal or other fossil fuels that
are co-disposed with the wastes in subsection (b)(4)(A), except as provided by
35 Ill. Adm. Code 726.112 for facilities that burn or process hazardous waste:
i) Coal Pile Run-Off. For purposes of this
subsection (b)(4), "coal pile run-off" means any precipitation that drains off
coal piles.
ii) Boiler Cleaning
Solutions. For purposes of this subsection (b)(4), "boiler cleaning solutions"
means water solutions and chemical solutions used to clean the fire-side and
waterside of the boiler.
iii)
Boiler Blowdown. For purposes of this subsection (b)(4), "boiler blowdown"
means water purged from boilers used to generate steam.
iv) Process Water Treatment and Demineralizer
Regeneration Wastes. For purposes of this subsection (b)(4), "process water
treatment and demineralizer regeneration wastes" means sludges, rinses, and
spent resins generated from processes to remove dissolved gases, suspended
solids, and dissolved chemical salts from combustion system process water.
v) Cooling Tower Blowdown. For
purposes of this subsection (b)(4), "cooling tower blowdown" means water purged
from a closed cycle cooling system. Closed cycle cooling systems include
cooling towers, cooling ponds, or spray canals.
vi) Air Heater and Precipitator Washes. For
purposes of this subsection (b)(4), "air heater and precipitator washes" means
wastes from cleaning air preheaters and electrostatic precipitators.
vii) Effluents from Floor and Yard Drains and
Sumps. For purposes of this subsection (b)(4), "effluents from floor and yard
drains and sumps" means wastewaters, such as wash water, collected by or from
floor drains, equipment drains, and sumps located inside the power plant
building; and wastewaters, such as rain run-off, collected by yard drains and
sumps located outside the power plant building.
viii) Wastewater Treatment Sludges. For
purposes of this subsection (b)(4), "wastewater treatment sludges" refers to
sludges generated from the treatment of wastewaters specified in subsections
(b)(4)(B)(i) through (b)(4)(B)(vi).
5) Drilling fluids, produced waters, and
other wastes associated with the exploration, development, or production of
crude oil, natural gas, or geothermal energy.
6) Chromium Wastes
A) Wastes that fail the test for the toxicity
characteristic (Section
721.124
and Appendix B) because chromium is present or that are listed in Subpart D due
to the presence of chromium, that do not fail the test for the toxicity
characteristic for any other constituent or that are not listed due to the
presence of any other constituent, and that do not fail the test for any other
characteristic, if the waste generator shows the following:
i) The chromium in the waste is exclusively
(or nearly exclusively) trivalent chromium;
ii) The waste is generated from an industrial
process that uses trivalent chromium exclusively (or nearly exclusively) and
the process does not generate hexavalent chromium; and
iii) The waste is typically and frequently
managed in non-oxidizing environments.
B) The following are specific wastes that
meet the standard in subsection (b)(6)(A) (so long as they do not fail the test
for the toxicity characteristic for any other constituent and do not exhibit
any other characteristic):
i) Chrome (blue)
trimmings generated by the following subcategories of the leather tanning and
finishing industry: hair pulp/chrome tan/retan/wet finish, hair save/chrome
tan/retan/wet finish, retan/wet finish, no beamhouse, through-the-blue, and
shearling;
ii) Chrome (blue)
shavings generated by the following subcategories of the leather tanning and
finishing industry: hair pulp/chrome tan/retan/wet finish, hair save/chrome
tan/retan/wet finish, retan/wet finish, no beamhouse, through-the-blue, and
shearling;
iii) Buffing dust
generated by the following subcategories of the leather tanning and finishing
industry: hair pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet
finish, retan/wet finish, no beamhouse, through-the-blue;
iv) Sewer screenings generated by the
following subcategories of the leather tanning and finishing industry: hair
pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish,
retan/wet finish, no beamhouse, through-the-blue, and shearling;
v) Wastewater treatment sludges generated by
the following subcategories of the leather tanning and finishing industry: hair
pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish,
retan/wet finish, no beamhouse, through-the-blue, and shearling;
vi) Wastewater treatment sludges generated by
the following subcategories of the leather tanning and finishing industry: hair
pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish, and
through-the-blue;
vii) Waste scrap
leather from the leather tanning industry, the shoe manufacturing industry, and
other leather product manufacturing industries; and
viii) Wastewater treatment sludges from the
production of titanium dioxide pigment using chromium-bearing ores by the
chloride process.
7) Solid waste from the extraction,
beneficiation, and processing of ores and minerals (including coal, phosphate
rock, and overburden from the mining of uranium ore), except as provided by 35
Ill. Adm. Code
726.212
for facilities that burn or process hazardous waste.
A) For purposes of this subsection (b)(7),
beneficiation of ores and minerals is restricted to the following activities:
crushing; grinding; washing; dissolution; crystallization; filtration; sorting;
sizing; drying; sintering; pelletizing; briquetting; calcining to remove water
or carbon dioxide; roasting; autoclaving or chlorination in preparation for
leaching (except if the roasting (or autoclaving or chlorination) and leaching
sequence produces a final or intermediate product that does not undergo further
beneficiation or processing); gravity concentration; magnetic separation;
electrostatic separation; floatation; ion exchange; solvent extraction;
electrowinning; precipitation; amalgamation; and heap, dump, vat tank, and in
situ leaching.
B) For the purposes
of this subsection (b)(7), solid waste from the processing of ores and minerals
includes only the following wastes as generated:
i) Slag from primary copper
processing;
ii) Slag from primary
lead processing;
iii) Red and brown
muds from bauxite refining;
iv)
Phosphogypsum from phosphoric acid production;
v) Slag from elemental phosphorus
production;
vi) Gasifier ash from
coal gasification;
vii) Process
wastewater from coal gasification;
viii) Calcium sulfate wastewater treatment
plant sludge from primary copper processing;
ix) Slag tailings from primary copper
processing;
x) Fluorogypsum from
hydrofluoric acid production;
xi)
Process wastewater from hydrofluoric acid production;
xii) Air pollution control dust or sludge
from iron blast furnaces;
xiii)
Iron blast furnace slag;
xiv)
Treated residue from roasting and leaching of chrome ore;
xv) Process wastewater from primary magnesium
processing by the anhydrous process;
xvi) Process wastewater from phosphoric acid
production;
xvii) Basic oxygen
furnace and open-hearth furnace air pollution control dust or sludge from
carbon steel production;
xviii)
Basic oxygen furnace and open-hearth furnace slag from carbon steel
production;
xix) Chloride
processing waste solids from titanium tetrachloride production; and
xx) Slag from primary zinc
production.
C) A residue
derived from co-processing mineral processing secondary materials with normal
beneficiation raw materials or with normal mineral processing raw materials
remains excluded under this subsection (b) if the following conditions are
fulfilled:
i) The owner or operator processes
at least 50 percent by weight normal beneficiation raw materials or normal
mineral processing raw materials; and
ii) The owner or operator legitimately
reclaims the secondary mineral processing materials.
8) Cement kiln dust waste, except
as provided by 35 Ill. Adm. Code
726.212
for facilities that burn or process hazardous waste.
9) Solid waste that consists of discarded
arsenical-treated wood or wood products that fails the test for the toxicity
characteristic for USEPA hazardous waste numbers D004 through D017 and that is
not a hazardous waste for any other reason if the waste is generated by persons
that utilize the arsenical-treated wood and wood products for these materials'
intended end use.
10)
Petroleum-contaminated media and debris that fail the test for the toxicity
characteristic of Section
721.124
(USEPA hazardous waste numbers D018 through D043 only) and that are subject to
corrective action regulations under 35 Ill. Adm. Code 731.
11) This subsection (b)(11) corresponds with
40
CFR 261.4(b)(11), which
expired by its own terms on January 25, 1993. This statement maintains
structural parity with USEPA regulations.
12) Used chlorofluorocarbon refrigerants from
totally enclosed heat transfer equipment, including mobile air conditioning
systems, mobile refrigeration, and commercial and industrial air conditioning
and refrigeration systems, that use chlorofluorocarbons as the heat transfer
fluid in a refrigeration cycle, provided the refrigerant is reclaimed for
further use.
13) Non-terne plated
used oil filters that are not mixed with wastes listed in Subpart D, if these
oil filters have been gravity hot-drained using one of the following methods:
A) Puncturing the filter anti-drain back
valve or the filter dome end and hot-draining;
B) Hot-draining and crushing;
C) Dismantling and hot-draining; or
D) Any other equivalent hot-draining method
that will remove used oil.
14) Used oil re-refining distillation bottoms
that are used as feedstock to manufacture asphalt products.
15) Leachate or gas condensate collected from
landfills where certain solid wastes have been disposed of, under the following
circumstances:
A) The following conditions
must be fulfilled:
i) The solid wastes
disposed of would meet one or more of the listing descriptions for the
following USEPA hazardous waste numbers that are generated after the effective
date listed for the waste:
|
USEPA Hazardous Waste Numbers |
Listing Effective Date |
|
K169, K170, K171, and K172 |
February 8, 1999 |
|
K174 and K175 |
May 7, 2001 |
|
K176, K177, and K178 |
May 20, 2002 |
|
K181 |
August 23, 2005 |
ii)
The solid wastes described in subsection (b)(15)(A)(i) were disposed of prior
to the effective date of the listing (as set forth in that
subsection);
iii) The leachate or
gas condensate does not exhibit any characteristic of hazardous waste nor is
derived from any other listed hazardous waste; and
B) Leachate or gas
condensate derived from K169, K170, K171, K172, K176, K177, K178, or K181 waste
will no longer be exempt if it is stored or managed in a surface impoundment
prior to discharge. There is one exception: if the surface impoundment is used
to temporarily store leachate or gas condensate in response to an emergency
situation (e.g., shutdown of wastewater treatment system), provided the
impoundment has a double liner, and provided the leachate or gas condensate is
removed from the impoundment and continues to be managed in compliance with the
conditions of this subsection (b)(15) after the emergency ends.
16) This subsection (b)(16)
corresponds with
40
CFR 261.4(b)(16), which
USEPA has marked "reserved". This statement maintains structural parity with
USEPA regulations.
17) This
subsection (b)(17) corresponds with
40
CFR 261.4(b)(17), which
pertains exclusively to waste generated by a specific facility outside
Illinois. This statement maintains structural parity with USEPA
regulations.
18)
Solvent-contaminated wipes, except for wipes that are hazardous waste due to
the presence of trichloroethylene, that are sent for disposal are not hazardous
wastes from the point of generation provided that all of the following
conditions are fulfilled:
A) The
solvent-contaminated wipes, when accumulated, stored, and transported, are
contained in non-leaking, closed containers that are labeled "Excluded
Solvent-Contaminated Wipes". The containers must be able to contain free
liquids, should free liquids occur. During accumulation, a container is
considered closed when there is complete contact between the fitted lid and the
rim, except when it is necessary to add or remove solvent-contaminated wipes.
When the container is full, when the solvent-contaminated wipes are no longer
being accumulated, or when the container is being transported, the container
must be sealed with all lids properly and securely affixed to the container and
all openings tightly bound or closed sufficiently to prevent leaks and
emissions;
B) The
solvent-contaminated wipes may be accumulated by the generator for up to 180
days from the start date of accumulation for each container prior to being sent
for disposal;
C) At the point of
being transported for disposal, the solvent-contaminated wipes must contain no
free liquids, as defined in 35 Ill. Adm. Code 720.110;
D) Free liquids removed from the
solvent-contaminated wipes or from the container holding the wipes must be
managed according to the applicable regulations found in this Part and 35 Ill.
Adm. Code 720, 722 through 728, and 733;
E) Generators must maintain at their site the
following documentation:
i) The name and
address of the landfill or combustor that is receiving the solvent-contaminated
wipes;
ii) The documentation that
the 180-day accumulation time limit in 35 Ill. Adm. Code 721.104(b)(18)(B) is
being met; and
iii) A description
of the process the generator is using to ensure that the solvent-contaminated
wipes contain no free liquids at the point of being transported for disposal;
and
F) The
solvent-contaminated wipes are sent for disposal at one of the following
facilities:
i) A municipal solid waste
landfill regulated under RCRA Subtitle D regulations: 35 Ill. Adm. Code 810
through 815, including the landfill design criteria of 35 Ill. Adm. Code
811.303 through
811.309,
811.315
through
811.317,
and Subpart E of 35 Ill. Adm. Code 811 or 35 Ill. Adm. Code
814.302 and
814.402; 40
CFR 258, including the landfill design criteria of
40 CFR 258.40; or
equivalent regulations of a sister state that USEPA has approved under
42 USC
6943 and
6947;
or
ii) A hazardous waste landfill
regulated under RCRA Subtitle C regulations: 35 Ill. Adm. Code 724 or 725; 40
CFR 264 or 265; or equivalent regulations of a sister state that USEPA has
approved under
42 USC
6926; or
iii) A municipal waste combustor or other
combustion facility regulated under section 129 of the Clean Air Act (
42 USC
7429) or equivalent Illinois or sister-state
regulations approved by USEPA under
42 USC
7429; or
iv) A hazardous waste combustor, boiler, or
industrial furnace regulated under RCRA Subtitle C regulations: 35 Ill. Adm.
Code 724 or 725 or Subpart H of 35 Ill. Adm. Code 726; 40 CFR 264 or 265 or
subpart H of 40 CFR 266; or equivalent regulations of a sister state that USEPA
has approved under
42 USC
6926.
c) Hazardous wastes that
are exempted from certain regulations. A hazardous waste that is generated in a
product or raw material storage tank, a product or raw material transport
vehicle or vessel, a product or raw material pipeline, or in a manufacturing
process unit, or an associated non-waste-treatment manufacturing unit, is not
subject to regulation under 35 Ill. Adm. Code 702, 703, and 722 through 728 or
to the notification requirements of section 3010 of RCRA (
42 USC 6930) until
it exits the unit in which it was generated, unless the unit is a surface
impoundment, or unless the hazardous waste remains in the unit more than 90
days after the unit ceases to be operated for manufacturing or for storage or
transportation of product or raw materials.
d) Samples
1) Except as provided in subsections (d)(2)
and (d)(4), a sample of solid waste or a sample of water, soil, or air that is
collected for the sole purpose of testing to determine its characteristics or
composition is not subject to any requirements of this Part or 35 Ill. Adm.
Code 702, 703, and 722 through 728. The sample qualifies when it fulfills one
of the following conditions:
A) The sample is
being transported to a laboratory for the purpose of testing;
B) The sample is being transported back to
the sample collector after testing;
C) The sample is being stored by the sample
collector before transport to a laboratory for testing;
D) The sample is being stored in a laboratory
before testing;
E) The sample is
being stored in a laboratory for testing but before it is returned to the
sample collector; or
F) The sample
is being stored temporarily in the laboratory after testing for a specific
purpose (for example, until conclusion of a court case or enforcement action if
further testing of the sample may be necessary).
2) In order to qualify for the exemption in
subsection (d)(1)(A) or (d)(1)(B), a sample collector shipping samples to a
laboratory and a laboratory returning samples to a sample collector must do the
following:
A) Comply with USDOT, U.S. Postal
Service (USPS), or any other applicable shipping requirements; or
B) Comply with the following requirements if
the sample collector determines that USDOT, USPS, or other shipping
requirements do not apply to the shipment of the sample:
i) Assure that the following information
accompanies the sample: The sample collector's name, mailing address, and
telephone number; the laboratory's name, mailing address, and telephone number;
the quantity of the sample; the date of the shipment; and a description of the
sample; and
ii) Package the sample
so that it does not leak, spill, or vaporize from its packaging.
3) This exemption does
not apply if the laboratory determines that the waste is hazardous, but the
laboratory is no longer meeting any of the conditions stated in subsection
(d)(1).
4) In order to qualify for
the exemption in subsections (d)(1)(A) and (d)(1)(B), the mass of a sample that
will be exported to a foreign laboratory or that will be imported to a U.S.
laboratory from a foreign source must additionally not exceed 25 kg.
e) Treatability Study Samples
1) Except as is provided in subsections
(e)(2) and (e)(4), a person that generates or collects samples for the purpose
of conducting treatability studies, as defined in 35 Ill. Adm. Code 720.110,
are not subject to any requirement of 35 Ill. Adm. Code 721 through 723 or to
the notification requirements of section 3010 of RCRA (
42 USC 6930). Nor
are such samples included in the quantity determinations of 35 Ill. Adm. Code
722.114
and
722.116
when:
A) The sample is being collected and
prepared for transportation by the generator or sample collector;
B) The sample is being accumulated or stored
by the generator or sample collector prior to transportation to a laboratory or
testing facility; or
C) The sample
is being transported to the laboratory or testing facility for the purpose of
conducting a treatability study.
2) The exemption in subsection (e)(1) is
applicable to samples of hazardous waste being collected and shipped for the
purpose of conducting treatability studies provided that the following
conditions are fulfilled:
A) The generator or
sample collector uses (in "treatability studies") no more than 10,000 kg of
media contaminated with non-acute hazardous waste, 1,000 kg of non-acute
hazardous waste other than contaminated media, 1 kg of acute hazardous waste,
or 2,500 kg of media contaminated with acute hazardous waste for each process
being evaluated for each generated waste stream;
B) The mass of each shipment does not exceed
10,000 kg; the 10,000 kg quantity may be all media contaminated with non-acute
hazardous waste, or may include 2,500 kg of media contaminated with acute
hazardous waste, 1,000 kg of hazardous waste, and 1 kg of acute hazardous
waste;
C) The sample must be
packaged so that it does not leak, spill, or vaporize from its packaging during
shipment and the requirements of subsection (e)(2)(C)(i) or (e)(2)(C)(ii) are
met.
i) The transportation of each sample
shipment complies with USDOT, USPS, or any other applicable shipping
requirements; or
ii) If the USDOT,
USPS, or other shipping requirements do not apply to the shipment of the
sample, the following information must accompany the sample: The name, mailing
address, and telephone number of the originator of the sample; the name,
address, and telephone number of the facility that will perform the
treatability study; the quantity of the sample; the date of the shipment; and,
a description of the sample, including its USEPA hazardous waste
number;
D) The sample is
shipped to a laboratory or testing facility that is exempt under subsection
(f), or has an appropriate RCRA permit or interim status;
E) The generator or sample collector
maintains the following records for a period ending three years after
completion of the treatability study:
i)
Copies of the shipping documents;
ii) A copy of the contract with the facility
conducting the treatability study; and
iii) Documentation showing the following: The
amount of waste shipped under this exemption; the name, address, and USEPA
identification number of the laboratory or testing facility that received the
waste; the date the shipment was made; and whether or not unused samples and
residues were returned to the generator; and
F) The generator reports the information
required in subsection (e)(2)(E)(iii) in its report under 35 Ill. Adm. Code
722.141.
3) The Agency may grant requests
on a case-by-case basis for up to an additional two years for treatability
studies involving bioremediation. The Agency may grant requests, on a
case-by-case basis, for quantity limits in excess of those specified in
subsections (e)(2)(A), (e)(2)(B), and (f)(4), for up to an additional 5,000 kg
of media contaminated with non-acute hazardous waste, 500 kg of non-acute
hazardous waste, 2,500 kg of media contaminated with acute hazardous waste, and
1 kg of acute hazardous waste under the circumstances set forth in either
subsection (e)(3)(A) or (e)(3)(B), subject to the limitations of subsection
(e)(3)(C):
A) In response to requests for
authorization to ship, store, and conduct further treatability studies on
additional quantities in advance of commencing treatability studies. Factors to
be considered in reviewing such requests include the nature of the technology,
the type of process (e.g., batch versus continuous), the size of the unit
undergoing testing (particularly in relation to scale-up considerations), the
time or quantity of material required to reach steady-state operating
conditions, or test design considerations, such as mass balance
calculations.
B) In response to
requests for authorization to ship, store, and conduct treatability studies on
additional quantities after initiation or completion of initial treatability
studies when the following occurs: There has been an equipment or mechanical
failure during the conduct of the treatability study, there is need to verify
the results of a previously-conducted treatability study, there is a need to
study and analyze alternative techniques within a previously-evaluated
treatment process, or there is a need to do further evaluation of an ongoing
treatability study to determine final specifications for treatment.
C) The additional quantities and timeframes
allowed in subsections (e)(3)(A) and (e)(3)(B) are subject to all the
provisions in subsections (e)(1) and (e)(2)(B) through (e)(2)(F). The generator
or sample collector must apply to the Agency and provide in writing the
following information:
i) The reason why the
generator or sample collector requires additional time or quantity of sample
for the treatability study evaluation and the additional time or quantity
needed;
ii) Documentation
accounting for all samples of hazardous waste from the waste stream that have
been sent for or undergone treatability studies, including the date each
previous sample from the waste stream was shipped, the quantity of each
previous shipment, the laboratory or testing facility to which it was shipped,
what treatability study processes were conducted on each sample shipped, and
the available results of each treatability study;
iii) A description of the technical
modifications or change in specifications that will be evaluated and the
expected results;
iv) If such
further study is being required due to equipment or mechanical failure, the
applicant must include information regarding the reason for the failure or
breakdown and also include what procedures or equipment improvements have been
made to protect against further breakdowns; and
v) Such other information as the Agency
determines is necessary.
4) In order to qualify for the exemption in
subsection (e)(1)(A), the mass of a sample that will be exported to a foreign
laboratory or testing facility, or that will be imported to a U.S. laboratory
or testing facility from a foreign source must additionally not exceed 25
kg.
5) Final Agency determinations
under this subsection (e) may be appealed to the Board.
f) Samples undergoing treatability studies at
laboratories or testing facilities. Samples undergoing treatability studies and
the laboratory or testing facility conducting such treatability studies (to the
extent such facilities are not otherwise subject to RCRA requirements) are not
subject to any requirement of this Part, or of 35 Ill. Adm. Code 702, 703, 722
through 726, and 728 or to the notification requirements of section 3010 of
RCRA (42 USC 6930),
provided that the requirements of subsections (f)(1) through (f)(11) are met. A
mobile treatment unit may qualify as a testing facility subject to subsections
(f)(1) through (f)(11). Where a group of mobile treatment units are located at
the same site, the limitations specified in subsections (f)(1) through (f)(11)
apply to the entire group of mobile treatment units collectively as if the
group were one mobile treatment unit.
1) No
less than 45 days before conducting treatability studies, the facility notifies
the Agency in writing that it intends to conduct treatability studies under
this subsection (f).
2) The
laboratory or testing facility conducting the treatability study has a USEPA
identification number.
3) No more
than a total of 10,000 kg of "as received" media contaminated with non-acute
hazardous waste, 2,500 kg of media contaminated with acute hazardous waste, or
250 kg of other "as received" hazardous waste is subject to initiation of
treatment in all treatability studies in any single day. "As received" waste
refers to the waste as received in the shipment from the generator or sample
collector.
4) The quantity of "as
received" hazardous waste stored at the facility for the purpose of evaluation
in treatability studies does not exceed 10,000 kg, the total of which can
include 10,000 kg of media contaminated with non-acute hazardous waste, 2,500
kg of media contaminated with acute hazardous waste, 1,000 kg of non-acute
hazardous wastes other than contaminated media, and 1 kg of acute hazardous
waste. This quantity limitation does not include treatment materials (including
non-hazardous solid waste) added to "as received" hazardous waste.
5) No more than 90 days have elapsed since
the treatability study for the sample was completed, or no more than one year
(two years for treatability studies involving bioremediation) has elapsed since
the generator or sample collector shipped the sample to the laboratory or
testing facility, whichever date first occurs. Up to 500 kg of treated material
from a particular waste stream from treatability studies may be archived for
future evaluation up to five years from the date of initial receipt. Quantities
of materials archived are counted against the total storage limit for the
facility.
6) The treatability study
does not involve the placement of hazardous waste on the land or open burning
of hazardous waste.
7) The facility
maintains records for three years following completion of each study that show
compliance with the treatment rate limits and the storage time and quantity
limits. The following specific information must be included for each
treatability study conducted:
A) The name,
address, and USEPA identification number of the generator or sample collector
of each waste sample;
B) The date
the shipment was received;
C) The
quantity of waste accepted;
D) The
quantity of "as received" waste in storage each day;
E) The date the treatment study was initiated
and the amount of "as received" waste introduced to treatment each
day;
F) The date the treatability
study was concluded;
G) The date
any unused sample or residues generated from the treatability study were
returned to the generator or sample collector or, if sent to a designated
facility, the name of the facility and the USEPA identification
number.
8) The facility
keeps, on-site, a copy of the treatability study contract and all shipping
papers associated with the transport of treatability study samples to and from
the facility for a period ending three years from the completion date of each
treatability study.
9) The facility
prepares and submits a report to the Agency, by March 15 of each year, that
includes the following information for the previous calendar year:
A) The name, address, and USEPA
identification number of the facility conducting the treatability
studies;
B) The types (by process)
of treatability studies conducted;
C) The names and addresses of persons for
whom studies have been conducted (including their USEPA identification
numbers);
D) The total quantity of
waste in storage each day;
E) The
quantity and types of waste subjected to treatability studies;
F) When each treatability study was
conducted; and
G) The final
disposition of residues and unused sample from each treatability
study.
10) The facility
determines whether any unused sample or residues generated by the treatability
study are hazardous waste under Section
721.103
and, if so, are subject to 35 Ill. Adm. Code 702, 703, and 721 through 728,
unless the residues and unused samples are returned to the sample originator
under the exemption of subsection (e).
11) The facility notifies the Agency by
letter when the facility is no longer planning to conduct any treatability
studies at the site.
g)
Dredged Material That Is Not a Hazardous Waste. Dredged material that is
subject to the requirements of a permit that has been issued under section 404
of the Federal Water Pollution Control Act (
33 USC
1344) is not a hazardous waste. For the
purposes of this subsection (g), the following definitions apply:
"Dredged material" has the meaning ascribed it in 40 CFR 232.2 (Definitions), incorporated by reference in 35 Ill. Adm. Code 720.111(b).
"Permit" means any of the following:
A permit issued by the U.S. Army Corps of Engineers (Army Corps) under section 404 of the Federal Water Pollution Control Act ( 33 USC 1344);
A permit issued by the Army Corps under section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 ( 33 USC 1413); or
In the case of Army Corps civil works projects, the administrative equivalent of the permits referred to in the preceding two paragraphs of this definition, as provided for in Army Corps regulations (for example, see 33 CFR 336.1, 336.2, and 337.6 ).
h) Carbon Dioxide Stream
Injected for Geologic Sequestration. Carbon dioxide streams that are captured
and transported for purposes of injection into an underground injection well
subject to the requirements for Class VI carbon sequestration injection wells,
including the requirements in 35 Ill. Adm. Code 704 and 730, are not a
hazardous waste, provided the following conditions are met:
1) Transportation of the carbon dioxide
stream must be in compliance with U.S. Department of Transportation
requirements, including the pipeline safety laws (chapter 601 of subtitle VIII
of 49 USC, incorporated by reference in 35 Ill. Adm. Code 720.111) and
regulations ( 49 CFR 190 through 199, incorporated by reference in 35 Ill. Adm.
Code 720.111) of the U.S. Department of Transportation, and pipeline safety
regulations adopted and administered by a state authority under a certification
under
49 USC
60105, incorporated by reference in 35 Ill.
Adm. Code 720.111, and 49 CFR 171 through 180, incorporated by reference in 35
Ill. Adm. Code 720.111, as applicable;
BOARD NOTE: The parenthetical language relating to pipeline transportation does not preclude transportation by air, water, highway, or rail that complies with U.S. Department of Transportation regulations at 49 CFR 171 through 180. For this reason, the Board has added citations of those regulations.
2) Injection
of the carbon dioxide stream must comply with the applicable requirements for
Class VI carbon sequestration injection wells, including the applicable
requirements in 35 Ill. Adm. Code 704 and 730;
3) No hazardous wastes may be mixed with, or
otherwise co-injected with, the carbon dioxide stream; and
4) Required Certifications
A) Any generator of a carbon dioxide stream,
who claims that a carbon dioxide stream is excluded under this subsection (h),
must have an authorized representative (as defined in 35 Ill. Adm. Code
720.110) sign a certification statement worded as follows:
"I certify under penalty of law that the carbon dioxide stream that I am claiming to be excluded under 35 Ill. Adm. Code 721.104(h) has not been mixed with hazardous wastes, and I have transported the carbon dioxide stream in compliance with (or have contracted with a pipeline operator or transporter to transport the carbon dioxide stream in compliance with) U.S. Department of Transportation requirements, including the pipeline safety laws ( 49 USC 60101 et seq.) and regulations (49 CFR Parts 190 through 199) of the U.S. Department of Transportation, and the pipeline safety regulations adopted and administered by a state authority pursuant to a certification under 49 USC 60105, as applicable, for injection into a well subject to the requirements for the Class VI Underground Injection Control Program of the federal Safe Drinking Water Act ( 42 USC 300f et seq.)."
B) Any Class VI carbon sequestration
injection well owner or operator, who claims that a carbon dioxide stream is
excluded under this subsection (h), must have an authorized representative (as
defined in 35 Ill. Adm. Code 720.110) sign a certification statement worded as
follows:
"I certify under penalty of law that the carbon dioxide stream that I am claiming to be excluded under 35 Ill. Adm. Code 721.104(h) has not been mixed with, or otherwise co-injected with, hazardous waste at the UIC Class VI permitted facility, and that injection of the carbon dioxide stream is in compliance with the applicable requirements for UIC Class VI wells, including the applicable requirements in 35 Ill. Adm. Code 704 and 730."
C) The signed certification
statement must be kept on-site, for no less than three years, and must be made
available within 72 hours after a written request from the Agency or USEPA, or
their designee. The signed certification statement must be renewed every year
that the exclusion is claimed, by having an authorized representative (as
defined in 35 Ill. Adm. Code 720.110) annually prepare and sign a new copy of
the certification statement within one year after the date of the previous
statement. The signed certification statement must also be readily accessible
on the facility's publicly-available website (if such website exists) as a
public notification with the title of "Carbon Dioxide Stream Certification" at
the time the exclusion is claimed.
i) This subsection corresponds with
40
CFR 261.4(i), which USEPA
marked "Reserved". This statement maintains structural consistency with the
federal regulation.
j) Airbag Waste
1) At the airbag waste handler or during
transport to an airbag waste collection facility or designated facility, airbag
waste is not subject to regulation under 35 Ill. Adm. Code 702, 703, and 722
through 728 and is not subject to the notification requirements of section 3010
of RCRA provided that the airbag waste handler or transporter fulfills the
following conditions:
A) The airbag waste
handler or transporter accumulates the airbag waste in a quantity of no more
than 250 airbag modules or airbag inflators for no longer than 180
days;
B) The airbag waste handler
or transporter packages the airbag waste in a container designed to address the
risk posed by the airbag waste and labeled "Airbag Waste - Do Not
Reuse";
C) The airbag waste handler
or transporter sends the airbag waste directly to either of the following
facilities:
i) An airbag waste collection
facility in the United States that is under the control of a vehicle
manufacturer or its authorized representative or that is under the control of a
person authorized to administer a remedy program in response to a vehicle
safety recall under
49 USC
30120; or
ii) A designated facility, as defined in 35
Ill. Adm. Code 720.110;
D) The transport of the airbag waste complies
with all applicable USDOT regulations in 49 CFR 171 through 180 during transit;
and
E) The airbag waste handler
maintains at the handler facility, for no less than three years, records of
each off-site shipment of airbag waste and each confirmation of receipt from
the receiving facility. For each shipment, these records must, at a minimum,
contain the name of the transporter, the date of the shipment, the name and
address of the receiving facility, and the type and quantity of airbag waste
(i.e., airbag modules or airbag inflators) in the shipment. A confirmation of
receipt must include the name and address of the receiving facility, the type
and quantity of the airbag waste (i.e., airbag modules and airbag inflators)
received, and the date when the airbag waste collection facility received the
airbag waste. The airbag waste handler must make shipping records and
confirmations of receipt available for inspection and may satisfy this
requirement using routine business records (e.g., electronic or paper financial
records, bills of lading, copies of USDOT shipping papers, electronic
confirmations of receipt, etc.).
2) Once the airbag waste arrives at an airbag
waste collection facility or designated facility, it becomes subject to all
applicable hazardous waste regulations. The facility receiving airbag waste is
considered the hazardous waste generator for the purposes of the hazardous
waste regulations and must comply with the requirements of 35 Ill. Adm. Code
722.
3) Reuse in vehicles of
defective airbag modules or defective airbag inflators that are subject to a
recall under
49 USC
30120 is considered sham recycling and
prohibited under 35 Ill. Adm. Code
721.102(g).
Notes
BOARD NOTE: This precludes any possibility that reuse qualifies for recycling-based exclusion from the definition of solid waste. Federal law prohibits selling defective recalled motor vehicle equipment if it may reasonably be used for its original purpose. (See 42 USC 30120(j).)
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.
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