Current through Register Vol. 48, No. 38, September 20, 2024
a) A person
generating, managing, or reclaiming hazardous secondary material may petition
the Board under this Section, Section 720.133 and Section 28.2 of the Act for
an adjusted standard that is a formal determination that a hazardous secondary
material is not discarded and therefore is not a solid waste. The Board's
adjusted standard determination will be based on the criteria contained in
either subsection (b) or (c), as applicable. If the Board denies the petition,
the hazardous secondary material might still be eligible for a solid waste
determination or verified facility determination under Section 720.131 or an
exclusion. A determination made by the Board under this Section becomes
effective upon occurrence of the first of the following two events:
1) After USEPA has authorized Illinois to
administer this segment of the hazardous waste regulations, the determination
is effective upon issuance of the Board order that grants the non-waste
determination; or
2) Before USEPA
has granted authorization, the non-waste determination becomes effective upon
fulfillment of the following conditions:
A)
The Board has granted an adjusted standard that determines that the hazardous
secondary material meets the criteria in either subsection (b) or (c), as
applicable;
B) The Agency has
requested that USEPA review the Board's non-waste determination; and
C) USEPA has approved the Board's non-waste
determination.
b) The Board will grant a non-waste
determination for hazardous secondary material that is reclaimed in a
continuous industrial process if the Board determines that the applicant has
demonstrated that the hazardous secondary material is a part of the production
process and the material is not discarded. The determination will be based on
whether the hazardous secondary material is legitimately recycled, as
determined under Section 720.143, and on the following criteria:
1) The extent to which the management of the
hazardous secondary material is part of the continuous primary production
process and is not waste treatment;
2) Whether the capacity of the production
process would use the hazardous secondary material in a reasonable time frame
and ensure that the hazardous secondary material will not be abandoned (for
example, based on past practices, market factors, the nature of the hazardous
secondary material, or any contractual arrangements);
3) Whether the hazardous constituents in the
hazardous secondary material are reclaimed, rather than released to the air,
water, or land, at significantly higher levels, from either a statistical or
from a health and environmental risk perspective, than would otherwise be
released by the production process; and
4) Other relevant factors that demonstrate
that the hazardous secondary material is not discarded, including why the
hazardous secondary material cannot meet, or should not have to meet, the
conditions of an exclusion under 35 Ill. Adm. Code 721.102 or
721.104.
c) The Board
will grant a non-waste determination for a hazardous secondary material that is
indistinguishable in all relevant aspects from a product or intermediate if the
petitioner demonstrates that the hazardous secondary material is comparable to
a product or intermediate and is not discarded. The Board's determination will
be based on whether the hazardous secondary material is legitimately recycled,
as determined under Section 720.143, and on the following criteria:
1) Whether market participants treat the
hazardous secondary material as a product or intermediate, rather than as a
waste (for example, based on the current positive value of the hazardous
secondary material, stability of demand, or any contractual
arrangements);
2) Whether the
chemical and physical identity of the hazardous secondary material is
comparable to commercial products or intermediates;
3) Whether the capacity of the market would
use the hazardous secondary material in a reasonable time frame and ensure that
the hazardous secondary material will not be abandoned (for example, based on
past practices, market factors, the nature of the hazardous secondary material,
or any contractual arrangements);
4) Whether the hazardous constituents in the
hazardous secondary material are reclaimed, rather than released to the air,
water, or land, at significantly higher levels, from either a statistical or
from a health and environmental risk perspective, than would otherwise be
released by the production process; and
5) Other relevant factors that demonstrate
that the hazardous secondary material is not discarded, including why the
hazardous secondary material cannot meet, or should not have to meet, the
conditions of an exclusion under 35 Ill. Adm. Code 721.102 or
721.104.
