Current through Register Vol. 48, No. 38, September 20, 2024
A generator must determine its generator category. A
generator's category is based on the amount of hazardous waste generated each
calendar month and may change from calendar month to calendar month. This
Section sets forth procedures to determine whether a generator is a VSQG, an
SQG, or an LQG for a particular calendar month, as defined in 35 Ill. Adm. Code
720.110.
a) Generators of Either Acute Hazardous Waste
or Non-acute Hazardous Waste. A generator that either generates acute hazardous
waste or non-acute hazardous waste in a calendar month must determine its
generator category for that month by doing the following:
1) Counting the total amount of hazardous
waste generated in the calendar month;
2) Subtracting from the total any amounts of
waste exempt from counting, as described in subsections (c) and (d);
and
3) Determining the resulting
generator category for the hazardous waste generated using the table in
subsection (g).
b)
Generators of Both Acute and Nonacute Hazardous Waste. A generator that
generates both acute hazardous waste and non-acute hazardous waste in the same
calendar month must determine its generator category for that month by doing
the following:
1) Counting separately the
total amount of acute hazardous waste and the total amount of non-acute
hazardous waste generated in the calendar month;
2) Subtracting from each total any amounts of
waste exempt from counting, as described in subsections (c) and (d);
3) Determining separately the resulting
generator categories for the quantities of acute and non-acute hazardous waste
generated using the table in subsection (g); and
4) Comparing the resulting generator
categories from subsection (b)(3) and applying the more stringent generator
category to the accumulation and management of both non-acute hazardous waste
and acute hazardous waste generated for that calendar month.
c) When making the monthly
quantity-based determinations required by this Part, the generator must include
all hazardous waste that it generates, except the following hazardous wastes:
1) Hazardous waste that is exempt from
regulation under 35 Ill. Adm. Code
721.104(c) through
(f),
721.106(a)(3),
721.107(a)(1),
or
721.108;
2) Hazardous waste that is managed
immediately upon generation only in on-site elementary neutralization units,
wastewater treatment units, or totally enclosed treatment facilities, as
defined in 35 Ill. Adm. Code 720.110;
3) Hazardous waste that is recycled, without
prior storage or accumulation, only in an on-site process subject to regulation
under 35 Ill. Adm. Code
721.106(c)(2);
4) Hazardous waste that is used oil managed
under the requirements of 35 Ill. Adm. Code
721.106(a)(4)
and 739;
5) Hazardous waste that is
spent lead-acid batteries managed under the requirements of Subpart G of 35
Ill. Adm. Code 726;
6) Hazardous
waste that is universal waste managed under 35 Ill. Adm. Code
721.109
and 733;
7) Hazardous waste that is
a hazardous waste that is an unused commercial chemical product (listed in
Subpart D of 35 Ill. Adm. Code 721 or exhibiting one or more characteristics in
Subpart C of 35 Ill. Adm. Code 721) that is generated solely as a result of a
laboratory clean-out conducted at an eligible academic entity under Section
722.313.
For purposes of this provision, the term eligible academic entity must have the
meaning as defined in Section
722.300;
8) Hazardous waste that is managed as part of
an episodic event in compliance with the conditions of Subpart L; or
9) A hazardous waste pharmaceutical, as
defined in 35 Ill. Adm. Code 726.600, that is subject to or managed under
Subpart P of 35 Ill. Adm. Code 726, or a hazardous waste pharmaceutical that is
also a Drug Enforcement Administration controlled substance that is
conditionally exempt under 35 Ill. Adm. Code 726.606.
d) In determining the quantity of hazardous
waste generated in a calendar month, a generator need not include any of the
following:
1) Hazardous waste when it is
removed from on-site accumulation, so long as the hazardous waste was
previously counted once for the purposes of this Section;
2) Hazardous waste generated by onsite
treatment (including reclamation) of the generator's hazardous waste, so long
as the hazardous waste that is treated was previously counted once for the
purposes of this Section; and
3)
Hazardous waste spent materials that are generated, reclaimed, and subsequently
reused on site, so long as such spent materials have been previously counted
once for the purposes of this Section.
e) Based on the generator category, as
determined under this Section, the generator must meet the applicable
independent requirements listed in Section
722.110.
A generator's category also determines which of the provisions of Sections
722.114,
722.115,
722.116,
or
722.117
must be met to obtain an exemption from the storage facility permit, interim
status, and operating requirements when accumulating hazardous waste.
f) Mixing Hazardous Waste with Solid Waste
1) VSQG Waste
A) Hazardous waste generated by a VSQG may be
mixed with solid wastes. A VSQG may mix a portion or all of its hazardous waste
with solid waste and remain subject to Section 722.114, even though the
resultant mixture exceeds the quantity limits identified in the definition of
VSQG at 35 Ill. Adm. Code 720.110, unless the mixture exhibits one or more of
the characteristics of hazardous waste identified in Subpart C of 35 Ill. Adm.
Code 721.
B) If the resulting
mixture described in subsection (f)(1)(A) exhibits a characteristic of
hazardous waste, this resultant mixture is a newly-generated hazardous waste.
The VSQG must count both the resultant mixture amount plus the other hazardous
waste generated in the calendar month to determine whether the total quantity
exceeds the VSQG calendar month quantity limits identified in the definition of
generator categories found in 35 Ill. Adm. Code 720.110. If the total quantity
exceeds the very small generator calendar quantity limits, to remain exempt
from the permitting, interim status, and operating standards, the VSQG must
meet the conditions for exemption applicable to either an SQG or an LQG. The
VSQG must also comply with the applicable independent requirements for either
an SQG or an LQG.
C) If a VSQG's
waste is mixed with used oil, the mixture is subject to 35 Ill. Adm. Code 739.
Any material produced from such a mixture by processing, blending, or other
treatment is also regulated under 35 Ill. Adm. Code 739.
2) SQG and LQG Waste
A) Hazardous wastes generated by an SQG or
LQG may be mixed with solid waste. These mixtures are subject to the following
requirements: the mixture rule in 35 Ill. Adm. Code
721.103(a)(2)(iv),
(b)(2) and (b)(3), and (g)(2)(A); the
prohibition against dilution rule at 35 Ill. Adm. Code
728.103(a);
the land disposal restriction requirements of 35 Ill. Adm. Code
728.140
if a characteristic hazardous waste is mixed with a solid waste so that it no
longer exhibits the hazardous characteristic; and the hazardous waste
determination requirement at Section
722.111.
B) If the resulting mixture described in
subsection (f)(2)(A) is found to be a hazardous waste, this resultant mixture
is a newly-generated hazardous waste. An SQG must count both the resultant
mixture amount plus the other hazardous waste generated in the calendar month
to determine whether the total quantity exceeds the SQG calendar monthly
quantity limits identified in the definition of generator categories found in
35 Ill. Adm. Code 720.110. If the total quantity exceeds the small generator
calendar quantity limits, to remain exempt from the permitting, interim status,
and operating standards, the SQG must meet the conditions for exemption
applicable to an LQG. The SQG must also comply with the applicable independent
requirements for an LQG.
g) Generator Categories Based on Quantity of
Waste Generated in a Calendar Month
|
Quantity of acute hazardous waste generated in a
calendar month
|
Quantity of non-acute hazardous waste generated in a
calendar month
|
Quantity of residues from a cleanup of acute
hazardous waste generated in a calendar month
|
Generator category
|
|
> 1 kg
(> 2.2 lb)
|
Any amount
|
Any amount
|
LQG
|
|
Any amount
|
[GREATER THAN OR EQUAL TO] 1,000 kg
([GREATER THAN OR EQUAL TO] 2,200 lbs)
|
Any amount
|
LQG
|
|
Any amount
|
Any amount
|
> 100 kg
(> 220 lbs)
|
LQG
|
|
[LESS THAN OR EQUAL TO] 1 kg
([LESS THAN OR EQUAL TO] 2.2 lbs)
|
> 100 kg and < 1,000 kg
(> 220 lbs and < 2,200 lbs)
|
[LESS THAN OR EQUAL TO] 100 kg
([LESS THAN OR EQUAL TO] 220 lbs)
|
SQG
|
|
[LESS THAN OR EQUAL TO] 1 kg
([LESS THAN OR EQUAL TO] 2.2 lbs)
|
[LESS THAN OR EQUAL TO] 100 kg
|
[LESS THAN OR EQUAL TO] 100 kg
([LESS THAN OR EQUAL TO] 220 lbs)
|
VSQG
|
BOARD NOTE: Derived from 40 CFR 3, as added, and
40 CFR
271.10(b),
271.11(b),
and
271.12(h)
(2005), as amended at 70 Fed. Reg. 59848 (Oct. 13,
2005).
