Ill. Admin. Code tit. 35, § 722.111 - Hazardous Waste Determination
A
a) The hazardous waste determination for each
solid waste must be made at the point of waste generation, before any dilution,
mixing, or other alteration of the waste occurs, and at any time in the course
of its management that it has, or may have, changed its properties as a result
of exposure to the environment or other factors that may change the properties
of the waste such that the RCRA classification of the waste may
change.
b) The person must
determine whether the solid waste is excluded from regulation under 35 Ill.
Adm. Code 721.104.
c) If the waste is not excluded under 35 Ill.
Adm. Code 721.104, the person must then use knowledge of the waste to determine
whether the waste meets any of the listing descriptions under Subpart D of 35
Ill. Adm. Code 721. Acceptable knowledge that may be used in making an accurate
determination as to whether the waste is listed may include waste origin,
composition, the process producing the waste, feedstock, and other reliable and
relevant information. If a waste is listed, the person may file a delisting
petition under 35 Ill. Adm. Code
720.120 and
720.122 to demonstrate to the
Administrator that the waste from this particular site or operation is not a
hazardous waste.
d) The person then
must also determine whether the waste exhibits one or more hazardous
characteristics, as identified in Subpart C of 35 Ill. Adm. Code 721, by
following the procedures in subsection (d)(1) or (d)(2), or a combination of
both.
1) The person must apply knowledge of
the hazard characteristic of the waste in light of the materials or the
processes used to generate the waste. Acceptable knowledge may include process
knowledge (e.g.,information about chemical feedstocks and other inputs to the
production process); knowledge of products, by-products, and intermediates
produced by the manufacturing process; chemical or physical characterization of
wastes; information on the chemical and physical properties of the chemicals
used or produced by the process or otherwise contained in the waste; testing
that illustrates the properties of the waste; or other reliable and relevant
information about the properties of the waste or its constituents. A test other
than a test method in Subpart C of 35 Ill. Adm. Code 721, or an equivalent test
method approved by the Agency or the Board under 35 Ill. Adm. Code
720.121, may be used as part of
a person 's knowledge to determine whether a solid waste exhibits a
characteristic of hazardous waste. However, the tests do not, by themselves,
provide definitive results. Persons testing their waste must obtain a
representative sample of the waste for the testing, as defined at 35 Ill. Adm.
Code 720.110.
2) When available knowledge is inadequate to
make an accurate determination, the person must test the waste according to the
applicable methods in Subpart C of 35 Ill. Adm. Code 721 or according to an
equivalent method approved by the Administrator under 35 Ill. Adm. Code
720.121 and complying with the
following:
A) A persons testing its waste
must obtain a representative sample of the waste for the testing, as defined at
35 Ill. Adm. Code 720.110.
B) Where
a test method is specified in Subpart C of 35 Ill. Adm. Code 721, the results
of the regulatory test, when properly performed, are definitive for determining
the regulatory status of the waste.
e) If the generator determines that the waste
is hazardous, the generator must refer to 35 Ill. Adm. Code 721, 724 through
728, and 733 for possible exclusions or restrictions pertaining to the
management of the specific waste.
f) Recordkeeping for SQGs and LQGs. A SQG or
LQG must maintain records supporting its hazardous waste determinations,
including records that identify whether a solid waste is a hazardous waste, as
defined by 35 Ill. Adm. Code
721.103. Records must be
maintained for at least three years from the date that the waste was last sent
to on-site or off-site treatment, storage, or disposal. These records must
comprise the generator's knowledge of the waste and support the generator's
determination, as described at subsections (c) and (d). The records must
include the following types of information: the results of any tests, sampling,
waste analyses, or other determinations made in compliance with this Section;
records documenting the tests, sampling, and analytical methods used to
demonstrate the validity and relevance of the tests; records consulted in order
to determine the process by which the waste was generated, the composition of
the waste, and the properties of the waste; and records which explain the
knowledge basis for the generator's determination, as described at subsection
(d)(1). The periods of record retention referred to in this Section are
extended automatically during any unresolved enforcement action regarding the
regulated activity or as requested in writing by the Agency.
BOARD NOTE: Any Agency request for extended records retention under this subsection (f) is subject to Board review under Section 40 of the Act.
g) Identifying USEPA
Hazardous Waste Numbers for SQGs and LQGs. Consistent with subsection (d), if
the waste is determined to be hazardous, SQGs and LQGs must identify all
applicable USEPA hazardous waste numbers in Subparts C and D of 35 Ill. Adm.
Code 721. Prior to shipping the waste off site, the generator also must mark
its containers with all applicable USEPA hazardous waste numbers (USEPA
hazardous waste numbers) according to 35 Ill. Adm. Code
722.132.
Notes
Amended at 37 Ill. Reg. 17763, effective October 24, 2013
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