Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 721 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
Subpart A - GENERAL PROVISIONS
Section 721.106 - Requirements for Recyclable Materials
Universal Citation: 35 IL Admin Code ยง 721.106
Current through Register Vol. 48, No. 12, March 22, 2024
a) Recyclable Materials
1) Hazardous wastes that are recycled are
subject to the requirements for generators, transporters, and storage
facilities of subsections (b) and (c), except for the materials listed in
subsections (a)(2) and (a)(3). Hazardous wastes that are recycled will be known
as "recyclable materials".
2) The
following recyclable materials are not subject to the requirements of this
Section but are regulated under Subparts C through H of 35 Ill. Adm. Code 726
and all applicable provisions in 35 Ill. Adm. Code 702, 703, and 728.
A) Recyclable materials used in a manner
constituting disposal (see Subpart C of 35 Ill. Adm. Code 726);
B) Hazardous wastes burned (as defined in 35
Ill. Adm. Code
726.200(a)
) in boilers and industrial furnaces that are not regulated under Subpart O of
35 Ill. Adm. Code 724 or Subpart O (see Subpart H of 35 Ill. Adm. Code
726);
C) Recyclable materials from
which precious metals are reclaimed (see Subpart F of 35 Ill. Adm. Code 726);
and
D) Spent lead-acid batteries
that are being reclaimed (see Subpart G of 35 Ill. Adm. Code 726).
3) The following recyclable
materials are not subject to regulation under 35 Ill. Adm. Code 722 through
728, or 702 and 703 and are not subject to the notification requirements of
section 3010 of RCRA (
42 USC 6930 ):
A) Industrial ethyl alcohol that is reclaimed
except that exports and imports of such recyclable materials must comply with
the requirements of 40 CFR 262, subpart H.
B) Scrap metal that is not excluded under
Section
721.104(a)(13);
C) Fuels produced from the refining of
oil-bearing hazardous wastes along with normal process streams at a petroleum
refining facility if such wastes result from normal petroleum refining,
production, and transportation practices (this exemption does not apply to
fuels produced from oil recovered from oil-bearing hazardous waste where such
recovered oil is already excluded under Section
721.104(a)(12)
);
D) Petroleum Refining Wastes
i) Hazardous waste fuel produced from
oil-bearing hazardous wastes from petroleum refining, production, or
transportation practices or produced from oil reclaimed from such hazardous
wastes, where such hazardous wastes are reintroduced into a process that does
not use distillation or does not produce products from crude oil, so long as
the resulting fuel meets the used oil specification under 35 Ill. Adm. Code
739.111
and so long as no other hazardous wastes are used to produce the hazardous
waste fuel;
ii) Hazardous waste
fuel produced from oil-bearing hazardous waste from petroleum refining
production, and transportation practices, where such hazardous wastes are
reintroduced into a refining process after a point at which contaminants are
removed, so long as the fuel meets the used oil fuel specification under 35
Ill. Adm. Code 739.111; and
iii)
Oil reclaimed from oil-bearing hazardous wastes from petroleum refining,
production, and transportation practices, which reclaimed oil is burned as a
fuel without reintroduction to a refining process, so long as the reclaimed oil
meets the used oil fuel specification under 35 Ill. Adm. Code
739.111.
4)
Used oil that is recycled and is also a hazardous waste solely because it
exhibits a hazardous characteristic is not subject to the requirements of 35
Ill. Adm. Code 720 through 728, but it is regulated under 35 Ill. Adm. Code
739. Used oil that is recycled includes any used oil that is reused for any
purpose following its original use (including the purpose for which the oil was
originally used). Such term includes, but is not limited to, oil that is
re-refined, reclaimed, burned for energy recovery, or reprocessed.
5) Hazardous waste that is exported or
imported for the purpose of recovery is subject to the requirements of Subpart
H of 35 Ill. Adm. Code 722.
b) Generators and transporters of recyclable materials are subject to the applicable requirements of 35 Ill. Adm. Code 722 and 723 and the notification requirements under section 3010 of RCRA ( 42 USC 6930 ), except as provided in subsection (a).
c) Storage and Recycling
1) Owners or operators of facilities that
store recyclable materials before they are recycled are regulated under all
applicable provisions of Subparts A through L, AA, BB, and CC of 35 Ill. Adm.
Code 724 and 725 and 35 Ill. Adm. Code 702, 703, 705, 726, 727, and 728; and
the notification requirement under section 3010 of RCRA (
42 USC 6930 ),
except as provided in subsection (a). (The recycling process itself is exempt
from regulation, except as provided in subsection (d).)
2) Owners or operators of facilities that
recycle recyclable materials without storing them before they are recycled are
subject to the following requirements, except as provided in subsection (a),
the following requirements continue to apply:
A) Notification requirements under section
3010 of RCRA (
42 USC 6930
);
B) 35 Ill. Adm. Code
725.171
and
725.172
(dealing with the use of the manifest and manifest discrepancies);
C) Subsection (d); and
D) 35 Ill. Adm. Code
725.175 (annual
reporting requirements).
d) Owners or operators of facilities required to have a RCRA permit pursuant to 35 Ill. Adm. Code 703 with hazardous waste management units that recycle hazardous wastes are subject to Subparts AA and BB of 35 Ill. Adm. Code 724 or 725 or 35 Ill. Adm. Code 267.
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