Current through Register Vol. 48, No. 38, September 20, 2024
a) The purpose of this Part is to establish
minimum standards that define the acceptable management of hazardous
waste.
b) The standards in this
Part apply to owners and operators of all facilities that treat, store, or
dispose of hazardous waste, except as specifically provided otherwise in this
Part or 35 Ill. Adm. Code 721.
c)
This Part applies to a person disposing of hazardous waste by means of ocean
disposal subject to a permit issued under the federal Marine Protection,
Research and Sanctuaries Act (
33 USC
1401 et seq.) only to the extent they are
included in a RCRA permit by rule granted to such a person under 35 Ill. Adm.
Code
703.141. A "RCRA
permit" is a permit required by Section 21(f) of the Environmental Protection
Act and 35 Ill. Adm. Code
703.121.
BOARD NOTE: This Part does apply to the treatment or storage
of hazardous waste before it is loaded onto an ocean vessel for incineration or
disposal at sea.
d) This
Part applies to a person disposing of hazardous waste by means of underground
injection subject to a permit issued by the Agency under Section 12(g) of the
Act only to the extent they are required by Subpart F of 35 Ill. Adm. Code 704.
BOARD NOTE: This Part does apply to the above-ground
treatment or storage of hazardous waste before it is injected
underground.
e) This Part
applies to the owner or operator of a POTW (publicly owned treatment works)
that treats, stores, or disposes of hazardous waste only to the extent included
in a RCRA permit by rule granted to such a person under 35 Ill. Adm. Code
703.141.
f) This subsection (f)
corresponds with
40 CFR
264.1(f), which provides
that the federal regulations do not apply to T/S/D activities in authorized
states, except under limited, enumerated circumstances. This statement
maintains structural consistency with USEPA rules.
g) This Part does not apply to the following:
1) The owner or operator of a facility
permitted by the Agency under Section 21 of the Act to manage municipal or
industrial solid waste, if the only hazardous waste the facility treats,
stores, or disposes of is excluded from regulation under this Part by 35 Ill.
Adm. Code
722.114.
BOARD NOTE: The owner or operator may be subject to 35 Ill.
Adm. Code 807 and may have to have a supplemental permit under 35 Ill. Adm.
Code
807.210.
2) The owner or operator of a
facility managing recyclable materials described in 35 Ill. Adm. Code
721.106(a)(2)
through (a)(4) (except to the extent that
requirements of this Part are referred to in Subpart C, F, G, or H of 35 Ill.
Adm. Code 726 or 35 Ill. Adm. Code 739).
3) A generator accumulating waste on-site in
compliance with 35 Ill. Adm. Code 722.114, 722.115, 722.116, or
722.117.
4) A farmer disposing of
waste pesticides from the farmer's own use in compliance with 35 Ill. Adm. Code
722.170.
5) The owner or operator of a totally
enclosed treatment facility, as defined in 35 Ill. Adm. Code
720.110.
6) The owner or operator of an elementary
neutralization unit or a wastewater treatment unit, as defined in 35 Ill. Adm.
Code 720.110, provided that if the owner or operator is diluting hazardous
ignitable (D001) wastes (other than the D001 High TOC Subcategory defined in
Table T to 35 Ill. Adm. Code 728) or reactive (D003) waste to remove the
characteristic before land disposal, the owner or operator must comply with the
requirements set out in Section
724.117(b).
7) This subsection (g)(7) corresponds with
40 CFR
264.1(g)(7), reserved by
USEPA. This statement maintains structural consistency with USEPA
rules.
8) Immediate Response
A) Except as provided in subsection
(g)(8)(B), a person engaged in treatment or containment activities during
immediate response to any of the following situations:
i) A discharge of a hazardous
waste;
ii) An imminent and
substantial threat of a discharge of hazardous waste;
iii) A discharge of a material that becomes a
hazardous waste when discharged; or
iv) An immediate threat to human health,
public safety, property, or the environment from the known or suspected
presence of military munitions, other explosive material, or an explosive
device, as determined by an explosives or munitions emergency response
specialist as defined in 35 Ill. Adm. Code 720.110.
B) An owner or operator of a facility
otherwise regulated by this Part must comply with all applicable requirements
of Subparts C and D.
C) Any person
that is covered by subsection (g)(8)(A) and that continues or initiates
hazardous waste treatment or containment activities after the immediate
response is over is subject to all applicable requirements of this Part and 35
Ill. Adm. Code 702, 703, and 705 for those activities.
D) In the case of an explosives or munitions
emergency response, if a federal, State, or local official acting within the
scope of his or her official responsibilities or an explosives or munitions
emergency response specialist determines that immediate removal of the material
or waste is necessary to adequately protect human health or the environment,
that official or specialist may authorize the removal of the material or waste
by transporters that do not have USEPA identification numbers and without the
preparation of a manifest. In the case of emergencies involving military
munitions, the responding military emergency response specialist's
organizational unit must retain records for three years identifying the dates
of the response, the responsible persons responding, the type and description
of material addressed, and its disposition.
9) A transporter storing manifested shipments
of hazardous waste in containers meeting 35 Ill. Adm. Code
722.130 at a transfer
facility for a period of ten days or less.
10) The addition of absorbent materials to
waste in a container (as defined in 35 Ill. Adm. Code 720) or the addition of
waste to absorbent material in a container, provided these actions occur at the
time waste is first placed in the container, and Sections
724.117(b),
724.271,
and
724.272
are complied with.
11) A universal
waste handler or universal waste transporter (as defined in 35 Ill. Adm. Code
720.110) that handles any of the wastes listed below is subject to regulation
under 35 Ill. Adm. Code 733 when handling the following universal wastes:
A) Batteries, as described in 35 Ill. Adm.
Code
733.102;
B) Pesticides, as described in 35 Ill. Adm.
Code
733.103;
C) Mercury-containing equipment, as described
in 35 Ill. Adm. Code
733.104;
D) Lamps, as described in 35 Ill. Adm. Code
733.105;
and
E) Aerosol cans, as described
in 35 Ill. Adm. Code
733.106.
12) This subsection (g)(12)
corresponds with
40 CFR
264.1(g)(12), which applies
only to a facility outside Illinois. This statement maintains structural
consistency with the corresponding USEPA rule.
13) A reverse distributor accumulating
potentially creditable hazardous waste pharmaceuticals and evaluated hazardous
waste pharmaceuticals, as defined in 35 Ill. Adm. Code 726.600. A reverse
distributor is subject to regulation under Subpart P of 35 Ill. Adm. Code 726
in lieu of this Part for the accumulation of potentially creditable hazardous
waste pharmaceuticals and evaluated hazardous waste pharmaceuticals.
h) This Part applies to owners and
operators of facilities that treat, store, or dispose of hazardous wastes
referred to in 35 Ill. Adm. Code 728.
i) 35 Ill. Adm. Code
726.505
identifies when this Part applies to the storage of military munitions
classified as solid waste under 35 Ill. Adm. Code
726.302.
The treatment and disposal of hazardous waste military munitions are subject to
the applicable permitting, procedural, and technical standards in 35 Ill. Adm.
Code 702, 703, 705, 720 through 728, and 738.
j) Subparts B, C, and D and Section
724.201
do not apply to remediation waste management sites. (However, some remediation
waste management sites may be a part of a facility that is subject to a
traditional RCRA permit because the facility is also treating, storing, or
disposing of hazardous wastes that are not remediation wastes. In these cases,
Subparts B, C, and D, and Section
724.201
do apply to the facility subject to the traditional RCRA permit.) Instead of
Subparts B, C, and D, the owner or operator of a remediation waste management
site must comply with the following requirements:
1) The owner or operator must obtain a USEPA
identification number by applying to the Agency using Notification of RCRA
Subtitle C Activities (Site Identification Form) (USEPA Form 8700-12), as
described in Section
724.111;
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 owner or operator must
obtain a detailed chemical and physical analysis of a representative sample of
the hazardous remediation wastes to be managed at the site. At a minimum, the
analysis must contain all of the information that must be known to treat,
store, or dispose of the waste according to this Part and 35 Ill. Adm. Code
728, and the owner or operator must keep the analysis accurate and up to
date;
3) The owner or operator must
prevent people who are unaware of the danger from entering the site, and the
owner or operator must minimize the possibility for unauthorized people or
livestock entering onto the active portion of the remediation waste management
site, unless the owner or operator can demonstrate the following to the Agency:
A) That physical contact with the waste,
structures, or equipment within the active portion of the remediation waste
management site will not injure people or livestock that may enter the active
portion of the remediation waste management site; and
B) That disturbance of the waste or equipment
by people or livestock that enter onto the active portion of the remediation
waste management site will not cause a violation of the requirements of this
Part;
4) The owner or
operator must inspect the remediation waste management site for malfunctions,
deterioration, operator errors, and discharges that may be causing or may lead
to a release of hazardous waste constituents to the environment or a threat to
human health. The owner or operator must conduct these inspections often enough
to identify problems in time to correct them before they harm human health or
the environment, and the owner or operator must remedy the problem before it
leads to a human health or environmental hazard. If a hazard is imminent or has
already occurred, the owner or operator must immediately take remedial
action;
5) The owner or operator
must provide personnel with classroom or on-the-job training on how to perform
their duties in a way that ensures the remediation waste management site
complies with this Part, and on how to respond effectively to
emergencies;
6) The owner or
operator must take precautions to prevent accidental ignition or reaction of
ignitable or reactive waste, and the owner or operator must prevent threats to
human health and the environment from ignitable, reactive, and incompatible
waste;
7) For remediation waste
management sites subject to regulation under Subparts I through O and Subpart
X, the owner or operator must design, construct, operate, and maintain a unit
within a 100-year floodplain to prevent washout of any hazardous waste by a
100-year flood, unless the owner or operator can meet the requirements of
Section
724.118(b);
8) The owner or operator must not place any
non-containerized or bulk liquid hazardous waste in any salt dome formation,
salt bed formation, underground mine, or cave;
9) The owner or operator must develop and
maintain a construction quality assurance program for all surface impoundments,
waste piles, and landfill units that are required to comply with Sections
724.321(c) and
(d),
724.351(c) and
(d), and
724.401(c) and
(d) at the remediation waste management site,
according to Section
724.119;
10) The owner or operator must develop and
maintain procedures to prevent accidents and a contingency and emergency plan
to control accidents that occur. These procedures must address proper design,
construction, maintenance, and operation of remediation waste management units
at the site. The goal of the plan must be to minimize the possibility of, and
the hazards from, a fire, explosion, or any unplanned sudden or non-sudden
release of hazardous waste or hazardous waste constituents to air, soil, or
surface water that could threaten human health or the environment. The plan
must explain specifically how to treat, store, and dispose of the hazardous
remediation waste in question, and must be implemented immediately whenever a
fire, explosion, or release of hazardous waste or hazardous waste constituents
occurs that could threaten human health or the environment;
11) The owner or operator must designate at
least one employee, either on the facility premises or on call (that is,
available to respond to an emergency by reaching the facility quickly), to
coordinate all emergency response measures. This emergency coordinator must be
thoroughly familiar with all aspects of the facility's contingency plan, all
operations and activities at the facility, the location and characteristics of
waste handled, the location of all records within the facility, and the
facility layout. In addition, this person must have the authority to commit the
resources needed to carry out the contingency plan;
12) The owner or operator must develop,
maintain, and implement a plan to meet the requirements in subsections (j)(2)
through (j)(6) and (j)(9) through (j)(10); and
13) The owner or operator must maintain
records documenting compliance with subsections (j)(1) through
(j)(12).
