Ill. Admin. Code tit. 35, § 722.117 - Conditions for Exemption for a Large Quantity Generator That Accumulates Hazardous Waste
An LQG may accumulate hazardous waste on site without a permit or interim status, and without complying with the requirements of 35 Ill. Adm. Code 702, 703 and 724 through 727 or the notification requirements of section 3010 of RCRA (42 USC 6930) for treatment, storage, and disposal facilities, if the LQG meets all of the following conditions for exemption:
a) Accumulation. The LQG
may accumulate hazardous waste on site for no more than 90 days, unless in
compliance with the accumulation time limit extension or F006 accumulation
conditions for exemption in subsections (b) through (e). The following
accumulation conditions also apply:
1)
Accumulation of Hazardous Waste in Containers. If the hazardous waste is placed
in containers, the LQG must comply with the following requirements:
A) Air Emission Standards. The LQG must
comply with the applicable requirements of Subparts AA, BB, and CC of 35 Ill.
Adm. Code 725;
B) Condition of
Containers. If a container holding hazardous waste is not in good condition, or
if the container begins to leak, the LQG must immediately transfer the
hazardous waste from the leaking container to a container that is in good
condition or otherwise immediately manage the waste in some other way that
complies with the conditions for exemption of this Section;
C) Compatibility of Waste with Container. The
LQG must use a container made of or lined with materials that will not react
with and are otherwise compatible with the hazardous waste to be stored, so
that the ability of the container to contain the waste is not
impaired;
D) Management of
Containers
i) The LQG must always keep a
container holding hazardous waste closed during accumulation, except when it is
necessary to add or remove waste.
ii) The LQG must not open, handle, or store a
container holding hazardous waste in a manner that may rupture the container or
cause the container to leak.
E) Inspections. At least weekly, the LQG must
inspect central accumulation areas. The LQG must look for leaking containers
and for deterioration of containers caused by corrosion or other factors. See
subsection (a)(1)(B) for remedial action required if the LQG detects
deterioration or leaks.
F) Special
Conditions for Accumulation of Ignitable and Reactive Wastes
i) The LQG must locate containers holding
ignitable or reactive waste at least 15 meters (50 feet) from the facility 's
property line, unless the LQG obtains a written approval from the authority
having jurisdiction over the local fire code that allows hazardous waste
accumulation to occur within this restricted area. The LQG must maintain a
record of the written approval as long as the LQG accumulates ignitable or
reactive hazardous waste in this area.
ii) The LQG must take precautions to prevent
accidental ignition or reaction of ignitable or reactive waste. The LQG must
separate and protect this waste from sources of ignition or reaction, including
the following: open flames, smoking, cutting and welding, hot surfaces,
frictional heat, sparks (static, electrical, or mechanical), spontaneous
ignition (e.g., from heat-producing chemical reactions), or radiant heat. While
handling ignitable or reactive waste, the LQG must confine smoking and open
flame to specially designated locations. The LQG must conspicuously place "No
Smoking" signs wherever there is a hazard from ignitable or reactive
waste.
G) Special
Conditions for Accumulation of Incompatible Wastes
i) The LQG must not place incompatible wastes
or incompatible wastes and materials (for examples, see appendix V to 40 CFR
265, incorporated by reference in 35 Ill. Adm. Code
720.111) in the same container,
unless the LQG complies with 35 Ill. Adm. Code
725.117(b).
ii) The LQG must not place hazardous waste in
an unwashed container that previously held an incompatible waste or material
(for examples, see appendix V to 40 CFR 265, incorporated by reference in 35
Ill. Adm. Code 720.111), unless the LQG complies with 35 Ill. Adm. Code
725.117(b).
iii) The LQG must separate a container
holding hazardous waste or otherwise protect it by means of a dike, berm, wall,
or other device from any other incompatible waste or other materials
accumulated or stored nearby in other containers, piles, open tanks, or surface
impoundments.
2) Accumulation of Hazardous Waste in Tanks.
If the LQG places the waste in tanks, the LQG must comply with the applicable
requirements of Subpart J, except 35 Ill. Adm. Code
725.297(c)
(Closure and Post-Closure Care) and 35 Ill. Adm. Code
725.300 (Waste Analysis and
Trial Tests) and the applicable requirements of Subparts AA, BB, and CC of 35
Ill. Adm. Code 725.
3) Accumulation
of Hazardous Waste on Drip Pads. If the LQG places hazardous waste on drip
pads, the LQG must comply with the following:
A) Subpart W of 35 Ill. Adm. Code
725;
B) The LQG must remove all
wastes from the drip pad at least once every 90 days. Any hazardous wastes that
the LQG removes from the drip pad are subject to the 90-day accumulation limit
in subsection (a) and Section
722.115, if the LQG manages the
hazardous wastes in satellite accumulation areas prior to moving them to a
central accumulation area; and
C)
The LQG must maintain on site at the facility the following records readily
available for inspection:
i) A written
description of procedures that the LQG follows to ensure that it removes all
wastes from the drip pad and associated collection system at least once every
90 days; and
ii) Documentation of
each waste removal, including the quantity of waste that the LQG removed from
the drip pad and the sump or collection system and the date and time of
removal.
4)
Accumulation of Hazardous Waste in Containment Buildings. If the LQG places the
waste in containment buildings, the LQG must comply with Subpart DD of 35 Ill.
Adm. Code 725. The LQG must label its containment building with the words
"Hazardous Waste" in a conspicuous place easily visible to employees, visitors,
emergency responders, waste handlers, or other persons on site. The LQG must
also provide in a conspicuous place an indication of the hazards of the
contents. Examples include the applicable hazardous waste characteristics
(i.e., ignitable, corrosive, reactive, or toxic); hazard communication
consistent with subpart E (Labeling) and subpart F (Placarding) of 49 CFR 172,
incorporated by reference in 35 Ill. Adm. Code 720.111; a hazard statement or
pictogram consistent with 29
CFR 1910.1200 (Hazard Communication),
incorporated by reference in 35 Ill. Adm. Code 720.111; or a chemical hazard
label consistent with NFPA 704, incorporated by reference in 35 Ill. Adm. Code
720.111. The LQG must also maintain both of the following:
A) The professional engineer certification
that the building complies with the design standards specified in 35 Ill. Adm.
Code 725.1101. This certification
must be in the LQG's files prior to operation of the unit; and
B) The following records, by use of inventory
logs, monitoring equipment, or any other effective means:
i) A written description of procedures to
ensure that each waste volume remains in the unit for no more than 90 days, a
written description of the waste generation and management practices for the
facility showing that the generator is consistent with respecting the 90-day
limit, and documentation that the LQG complies with the procedures
ii) Documentation that the LQG empties the
unit at least once every 90 days.
iii) The LQG must maintain inventory logs or
records with the above information on site and readily available for
inspection.
5)
Labeling and Marking of Containers and Tanks
A) Containers. An LQG must mark or label its
containers with the following:
i) The words
"Hazardous Waste";
ii) An
indication of the hazards of the contents. Examples include, but are not
limited to, the applicable hazardous waste characteristics (i.e., ignitable,
corrosive, reactive, or toxic); hazard communication consistent with subpart E
(labeling) and subpart F (placarding) of 49 CFR 172, incorporated by reference
in 35 Ill. Adm. Code 720.111; a hazard statement or pictogram consistent with
29 CFR
1910.1200 (Hazard Communication),
incorporated by reference in 35 Ill. Adm. Code 720.111; or a chemical hazard
label consistent with NFPA 704, incorporated by reference in 35 Ill. Adm. Code
720.111; and
iii) The date upon
which each period of accumulation begins clearly visible for inspection on each
container.
B) Tanks. An
LQG accumulating hazardous waste in tanks must do the following:
i) Mark or label its tanks with the words
"Hazardous Waste";
ii) Mark or
label its tanks with an indication of the hazards of the contents. Examples
include the applicable hazardous waste characteristics (i.e., ignitable,
corrosive, reactive, or toxic); hazard communication consistent with subpart E
(Labeling) and subpart F (Placarding) of 49 CFR 172, incorporated by reference
in 35 Ill. Adm. Code 720.111; a hazard statement or pictogram consistent with
29 CFR
1910.1200 (Hazard Communication),
incorporated by reference in 35 Ill. Adm. Code 720.111; or a chemical hazard
label consistent with NFPA 704, incorporated by reference in 35 Ill. Adm. Code
720.111;
iii) Use inventory logs,
monitoring equipment or other records to demonstrate that hazardous waste has
been emptied within 90 days of first entering the tank if using a batch process
or, in the case of a tank with a continuous flow process, demonstrate that
estimated volumes of hazardous waste entering the tank daily exit the tank
within 90 days of first entering; and
iv) Keep inventory logs or records with the
above information on site and readily available for
inspection.
6)
Emergency Procedures. The LQG must comply with the standards in Subpart M
(Preparedness, Prevention and Emergency Procedures for Large Quantity
Generators).
7) Personnel Training
A) Personnel Training Program
i) Facility personnel must successfully
complete a program of classroom instruction, online training (e.g.,
computer-based or electronic) or on-the-job training that teaches them to
perform their duties in a way that ensures compliance with this Part. The LQG
must ensure that this program includes all the elements described in the
document required under subsection (a)(7)(D)(iii).
ii) A person trained in hazardous waste
management procedures must direct the program, and the program must include
instruction that teaches facility personnel hazardous waste management
procedures (including contingency plan implementation) relevant to the
positions in which the LQG employs them.
iii) At a minimum, the design of the training
program must ensure that facility personnel can respond effectively to
emergencies by familiarizing them with emergency procedures, emergency
equipment, and emergency systems, including, if applicable, procedures for
using, inspecting, repairing, and replacing facility emergency and monitoring
equipment; key parameters for automatic waste feed cut-off systems;
communications or alarm systems; response to fires or explosions; response to
ground-water contamination incidents; and shutdown of operations.
iv) For facility employees that receive
emergency response training under
29 CFR
1910.120(p)(8) (Emergency
response program) and
1910.120(q)
(Emergency response to hazardous substance releases), incorporated by reference
in 35 Ill. Adm. Code 720.111, the LQG is not required to provide separate
emergency response training under this Section, if the overall facility
training meets all the conditions of exemption in this
Section.
B) Facility
personnel must successfully complete the program required in subsection
(a)(7)(A) within six months after the date of their employment, assignment to
the facility , or assignment to a new position at the facility , whichever is
later. An employee must not work in unsupervised positions until they have
completed the training standards of subsection (a)(7)(A).
C) Facility personnel must take part in an
annual review of the initial training required in subsection
(a)(7)(A).
D) The LQG must maintain
the following documents and records at the facility :
i) The job title for each position at the
facility related to hazardous waste management and the name of the employee
filling each job;
ii) A written job
description for each position listed under subsection (a)(7)(D)(i). This
description may be consistent in its degree of specificity with descriptions
for other similar positions in the same company location or bargaining unit,
but the description must include the requisite skill, education, other
qualifications, and duties of facility personnel assigned to each
position;
iii) A written
description of the type and amount of both introductory and continuing training
that the LQG will give to each person filling a position listed under
subsection (a)(7)(D)(i);
iv)
Records documenting that the LQG has given and facility personnel has completed
the training or job experience required by subsections (a)(7)(A), (B), and
(C).
E) The LQG must keep
training records on current personnel until closure of the facility . The LQG
must keep training records on former employees for at least three years from
the date the employee last worked at the facility . Personnel training records
may accompany personnel transferred within the same company.
8) Closure. An LQG accumulating
hazardous wastes in containers, tanks, drip pads, and containment buildings,
prior to closing the facility or a unit at the facility , must meet the
following conditions:
A) Notification for
Closure of a Waste Accumulation Unit. An LQG must perform one of the following
when closing a waste accumulation unit but not undergoing final closure:
i) Place a notice in the operating record
within 30 days after closure identifying the location of the unit within the
facility ; or
ii) Meet the closure
performance standards of subsection (a)(8)(C) for container, tank, and
containment building waste accumulation units or subsection (a)(8)(D) for drip
pads and notify USEPA and the Agency following the procedures in subsection
(a)(8)(B)(ii) for the waste accumulation unit. If the waste accumulation unit
is subsequently reopened, the LQG may remove the notice from the operating
record.
B) Notification
for Closure of the Facility
i) Notify the
Agency using Notification of RCRA Subtitle C Activities (Site Identification
Form) (USEPA Form 8700-12) no later than 30 days prior to closing the
facility .
ii) Notify the Agency
using USEPA Form 8700-12 within 90 days after closing the facility that it has
complied with the closure performance standards of subsection (a)(8)(C) or
(a)(8)(D). If the facility cannot meet the closure performance standards of
subsection (a)(8)(C) or (a)(8)(D), notify the Agency using USEPA Form 8700-12
that it will close as a landfill under 35 Ill. Adm. Code
725.410 in the case of a
container, tank, or containment building units. If the facility cannot meet the
closure performance standards of subsection (a)(8)(C) or (a)(8)(D), notify
using USEPA Form 8700-12 that it will close under the standards of 35 Ill. Adm.
Code 725.545(b) for
a facility with drip pads.
iii) An
LQG may request additional time to clean close, but it must notify the Agency
using USEPA Form 8700-12 within 75 days after the date provided in subsection
(a)(8)(B)(i) to request an extension and provide an explanation as to why the
additional time is required.
BOARD NOTE: USEPA Form 8700-12 is available from the Agency, Bureau of Land (217-782-6762). It is also available on-line for download in PDF file format: www.epa.gov/hwgenerators/instructions-and-form-hazardous-waste-generators-transporters-and-treatment-storage-and.
C) Closure Performance
Standards for Container, Tank Systems, and Containment Building Waste
Accumulation Units
i) At closure, the LQG must
close the waste accumulation unit or facility in a manner that minimizes the
need for further maintenance by controlling, minimizing, or eliminating the
post-closure escape of hazardous waste, hazardous constituents, leachate,
contaminated run-off, or hazardous waste decomposition products to the ground
or surface waters or to the atmosphere to the extent necessary to protect human
health and the environment.
ii) The
LQG must remove or decontaminate all contaminated equipment, structures, soil,
and any remaining hazardous waste residues from waste accumulation units,
including containment system components (pads, liners, etc.), contaminated
soils and subsoils, bases, and structures and equipment contaminated with
waste, unless 35 Ill. Adm. Code
721.103(d)
applies.
iii) The LQG must manage
any hazardous waste generated in the process of closing the LQG's facility or
units accumulating hazardous waste in compliance with all applicable standards
of 35 Ill. Adm. Code 722, 723, 725, and 728, including removing any hazardous
waste contained in these units within 90 days of generating the waste and
managing these wastes in a permitted or interim status hazardous waste
treatment, storage, and disposal facility .
iv) If the LQG demonstrates that it cannot
practicably remove or decontaminate any contaminated soils and wastes, as
required in subsection (a)(8)(C)(ii), then the waste accumulation unit is
considered a landfill, and the LQG must close the waste accumulation unit and
perform post-closure care in compliance with the closure and post-closure care
requirements that apply to landfills (35 Ill. Adm. Code 725.410). In addition,
the LQG must meet all requirements for landfills specified in Subparts G and H
of 35 Ill. Adm. Code 725 for closure, post-closure, and financial
responsibility, for a waste accumulation unit that is a
landfill.
D) Closure
Performance Standards for Drip Pad Waste Accumulation Units. At closure, the
LQG must comply with the closure requirements of subsections (a)(8)(B) and
(a)(8)(C)(i), and (a)(8)(C)(iii) and 35 Ill. Adm. Code
725.545(a) and
(b).
E) The closure requirements of this
subsection (a)(8) do not apply to satellite accumulation
areas.
9) Land Disposal
Restrictions. The LQG must comply with all applicable requirements of 35 Ill.
Adm. Code 728.
b)
Accumulation Time Limit Extension. An LQG that accumulates hazardous waste for
more than 90 days is subject to the requirements of 35 Ill. Adm. Code 702, 703,
and 724 through 728 and the notification requirements of section 3010 of RCRA
(42 USC
6930) for treatment, storage, and disposal
facilities, unless the Agency granted the LQG an extension to the 90-day
period. The Agency may grant an extension if hazardous wastes must remain on
site for longer than 90 days due to unforeseen, temporary, and uncontrollable
circumstances. The Agency may grant an extension of up to 30 days on a
case-by-case basis.
BOARD NOTE: The Agency may grant a provisional variance that extends the permissible accumulation period under sections 35(b) and 36(c) of the Act. This subsection provides the basis for granting and maximum duration of an extension.
c)
Accumulation of F006 Waste. An LQG also generating wastewater treatment sludges
from electroplating operations that meet the listing description for USEPA
hazardous waste number F006, may accumulate F006 waste on site for more than 90
days but not more than 180 days without being subject to 35 Ill. Adm. Code 702,
703, and 724 through 727 and the notification requirements of section 3010 of
RCRA (42 USC
6930) for treatment, storage, and disposal
facilities, provided that the LQG complies with all of the following additional
conditions for exemption:
1) The LQG has
implemented pollution prevention practices that reduce the amount of any
hazardous substances, pollutants, or contaminants entering F006 waste or
otherwise being released to the environment prior to recycling of the
waste;
2) The F006 waste is
legitimately recycled through metals recovery;
3) The LQG accumulates no more than 20,000 kg
of F006 waste on site at any one time; and
4) The LQG manages the F006 waste in
compliance with the following requirements:
A) Requirements for Managing F006 Waste
i) If the LQG places the F006 waste in
containers, the LQG must comply with the applicable conditions for exemption in
subsection (a)(1).
ii) If the LQG
places the F006 waste in tanks, the LQG must comply with the applicable
conditions for exemption in subsection (a)(2).
iii) If the LQG places the F006 waste in
containment buildings, the LQG must comply with Subpart DD of 35 Ill. Adm. Code
725. Prior to operation of the unit, the LQG must place in the operating record
of the facility the certification of a professional engineer that the
containment building complies with the design standards specified in 35 Ill.
Adm. Code 725.1101. The LQG must also place in the operating record either
documentation that the LQG empties the unit is at least once every 180 days or
all three of the following items: a written description of procedures to ensure
that the F006 waste remains in the unit for no more than 180 days, a written
description of the facility waste generation and management practices showing
that the practices are consistent with the 180-day limit, and documentation
that the LQG is complying with the procedures.
B) The LQG is exempt from all requirements of
Subparts G and H of 35 Ill. Adm. Code 725, except for those referenced in
subsection (a)(8).
C) The LQG must
clearly mark the date upon which each period of accumulation begins, and the
date must be clearly visible for inspection on each container.
D) While accumulating waste on site, the LQG
must clearly labeled or mark each container and tank is with the following:
i) The words "Hazardous Waste"; and
ii) An indication of the hazards of the
contents. Examples include the applicable hazardous waste characteristics
(i.e., ignitable, corrosive, reactive, or toxic); hazard communication
consistent with subpart E (Labeling) and subpart F (Placarding) of 49 CFR 172 ;
a hazard statement or pictogram consistent with
29 CFR
1910.1200; or a chemical hazard label
consistent with NFPA 704, each incorporated by reference in 35 Ill. Adm. Code
720.111.
E) The LQG must
comply with the requirements in subsections (a)(6) and
(a)(7).
d) F006
Waste Transported over 200 Miles. An LQG also generating wastewater treatment
sludges from electroplating operations that meet the listing description for
the USEPA hazardous waste number F006, may accumulate F006 waste on site for
more than 90 days but not more than 270 days without being subject to 35 Ill.
Adm. Code 702, 703, and 724 through 727 and the notification requirements of
section 3010 of RCRA (42 USC
6930) for treatment, storage, and disposal
facilities, if the LQG must transport this waste or offer this waste for
transportation over a distance of 200 miles or more for off-site metals
recovery and the LQG complies with all of the conditions for exemption of
subsections (c)(1) through (c)(4).
e) F006 Waste Accumulation Time Extension. An
LQG accumulating F006 waste in compliance with subsections (c) and (d) that
either accumulates F006 waste on site for more than 180 days (or for more than
270 days if the LQG must transport this waste or offer this waste for
transportation over a distance of 200 miles or more) or accumulates more than
20,000 kg (44,000 lbs) of F006 waste on site is an operator of a storage
facility and is subject to the requirements of 35 Ill. Adm. Code 702, 703, 724,
725, 727 and the notification requirements of section 3010 of RCRA
(42 USC
6930) for treatment, storage, and disposal
facilities, unless the Agency has granted the LQG an extension to the 180-day
period (or 270-day period, if applicable) or an exception to the 20,000 kg
(44,000 lb) accumulation limit. The Agency may grant an extension of the
accumulation period or an exception to the accumulation limit if F006 waste
must remain on site for longer than 180 days (or 270 days, if applicable) or if
more than 20,000 kg (44,000 lbs) of F006 waste must remain on site due to
unforeseen, temporary, and uncontrollable circumstances. The Agency may grant
an extension of up to 30 days or an exception to the accumulation limit on a
case-by-case basis.
BOARD NOTE: The Agency may grant a provisional variance that extends the permissible accumulation period or accumulation amount limit under sections 35(b) and 36(c) of the Act. This subsection provides the basis for granting and maximum duration of an extension.
f) Consolidation of Hazardous Waste Received
from VSQGs. An LQG may accumulate on site hazardous waste received from a VSQG
under control of the same person (as defined in 35 Ill. Adm. Code
720.110), without a storage
facility permit or interim status and without complying with the requirements
of 35 Ill. Adm. Code 702, 703, and 724 through 728 and the notification
requirements of section 3010 of RCRA (42 USC 6930) for treatment,
storage, and disposal facilities, provided that the LQG complies with the
following conditions. "Control", for this Section, means the power to direct
the policies of the LQG and VSQG, whether by the ownership of stock, voting
rights, or otherwise, except that a contractor that operates a LQG or VSQG
facility on behalf of a different person is not be considered to "control" the
LQG or VSQG.
1) The LQG must notify the Agency
at least 30 days prior to receiving the first shipment from a VSQG using
Notification of RCRA Subtitle C Activities (Site Identification Form) (USEPA
Form 8700-12); and
A) The LQG must identify on
the form the names and site addresses for the VSQG as well as the name and
business telephone number for a contact person for the VSQG; and
B) The LQG must submit an updated USEPA Form
8700-12 within 30 days after a change in the name or site address for the VSQG.
BOARD NOTE: USEPA Form 8700-12 is available from the Agency, Bureau of Land (217-782-6762). It is also available on-line for download in PDF file format: www.epa.gov/hwgenerators/instructions-and-form-hazardous-waste-generators-transporters-and-treatment-storage-and.
2) The LQG maintains
records of shipments for three years from the date the LQG receives the
hazardous waste from the VSQG. These records must identify the name, site
address, and contact information for the VSQG and include a description of the
hazardous waste received, including the quantity and the date the LQG received
the waste.
3) The LQG must comply
with the independent requirements identified in Section
722.110(a)(1)(C)
and the conditions for exemption in this Section for all hazardous waste
received from a VSQG. For the labeling and marking regulations in subsection
(a)(5), the LQG must label the container or unit with the date accumulation
started (i.e., the date the LQG received the hazardous waste from the VSQG). If
the LQG is consolidating incoming hazardous waste from a VSQG with either its
own hazardous waste or with hazardous waste from other VSQGs, the LQG must
label each container or unit with the earliest date when the VSQG first
accumulated on site any hazardous waste in the container.
g) Rejected Load. An LQG may accumulate the
returned waste on site in compliance with subsections (a) and (b) if the LQG
sent the shipment of hazardous waste to a designated facility believing that
the designated facility can accept and manage the waste and later received that
shipment back as a rejected load or residue in compliance with the manifest
discrepancy provisions of 35 Ill. Adm. Code
724.172 or
725.172. Upon receipt of the
returned shipment, the LQG must do either of the following:
1) Sign Item 18c of the manifest, if the
transporter returned the shipment using the original manifest; or
2) Sign Item 20 of the manifest, if the
transporter returned the shipment using a new manifest.
Notes
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