Ill. Admin. Code tit. 35, § 721.111 - Criteria for Listing Hazardous Waste
a) USEPA stated in corresponding federal
40 CFR
261.11 that it lists a solid waste as a
hazardous waste only upon determining that the solid waste meets one of the
following criteria:
1) The solid waste
exhibits any of the characteristics of hazardous waste identified in Subpart C;
or
2) Acute hazardous waste. The
solid waste has been found to be fatal to humans in low doses or, in the
absence of data on human toxicity, it has been shown in studies to have an oral
LD 50 toxicity (rat) of less than 50 mg/kg, an inhalation LC 50 toxicity (rat)
of less than 2 mg/l, or a dermal LD 50 toxicity (rabbit) of less than 200 mg/kg
or is otherwise capable of causing or significantly contributing to an increase
in serious irreversible or incapacitating reversible, illness.
BOARD NOTE: Waste listed under subsection (a)(2) are designated Acute Hazardous Waste.
3) Toxic Waste. The solid waste contains any
of the toxic constituents listed in Appendix H and, after considering the
following factors, USEPA concludes that the waste is capable of posing a
substantial present or potential hazard to human health or the environment when
improperly treated, stored, transported, or disposed of, or otherwise managed:
BOARD NOTE: Substances are listed in Appendix H only if they have been shown in scientific studies to have toxic, carcinogenic, mutagenic, or teratogenic effects on humans or other life forms.
A) The nature of the toxicity presented by
the constituent;
B) The
concentration of the constituent in the waste;
C) The potential of the constituent or any
toxic degradation product of the constituent to migrate from the waste into the
environment under the types of improper management considered in subsection
(a)(3)(G);
D) The persistence of
the constituent or any toxic degradation product of the constituent;
E) The potential for the constituent or any
toxic degradation product of the constituent to degrade into nonharmful
constituents and the rate of degradation;
F) The degree to which the constituent or any
degradation product of the constituent bioaccumulates in ecosystems;
G) The plausible types of improper management
to which the waste could be subjected;
H) The quantities of the waste generated at
individual generator sites or on a regional or national basis;
I) The nature and severity of the human
health and environmental damage that has occurred because of the improper
management of the wastes containing the constituent;
J) Action taken by other governmental
agencies or regulatory programs based on the health or environmental hazard
posed by the waste or waste constituent; and
K) Other factors as may be appropriate.
BOARD NOTE: Wastes listed under subsection (a)(3) are designated toxic wastes.
b) USEPA stated in corresponding federal
40 CFR
261.11(b) that it may list
classes or types of solid waste as hazardous waste if USEPA has reason to
believe that individual wastes, within the class or type of waste, typically or
frequently are hazardous under the definition of hazardous waste found in
section 1004(5) of RCRA (42
USC 6904(5)).
Notes
Amended at 30 Ill. Reg. 2992, effective February 23, 2006
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