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
during the period of interim status and until certification of final closure
or, if the facility is subject to post-closure care requirements, until
post-closure care responsibilities are fulfilled.
b) Except as provided in Section
725.980(b),
the standards in this Part and 35 Ill. Adm. Code
724.652
through
724.654 apply to
owners and operators of facilities that treat, store, or dispose of hazardous
waste and that have fully complied with the requirements for interim status
under Section 3005(e) of RCRA (
42
USC 6925(e)) and 35 Ill.
Adm. Code 703, until either a permit is issued under Section 3005 of RCRA (
42 USC
6905) or Section 21(f) of the Environmental
Protection Act, or until applicable closure and post-closure care
responsibilities under this Part are fulfilled, and to those owners and
operators of facilities in existence on November 19, 1980 that have failed to
provide timely notification as required by section 3010(a) of RCRA (
42 USC
6930(a)) or that have failed
to file Part A of the Permit Application, as required by federal
40 CFR 270.10(e)
and (g) or 35 Ill. Adm. Code
703.150
and
703.152.
These standards apply to all treatment, storage, or disposal of hazardous waste
at these facilities, except as specifically provided otherwise in this Part or
in 35 Ill. Adm. Code 721.
BOARD NOTE: As stated in Section 3005(a) of RCRA (
42 USC
6905(a)), after the
effective date of regulations under that Section (i.e., 40 CFR 270 and 124)
the treatment, storage, or disposal of hazardous waste is prohibited except in
accordance with a permit. Section 3005(e) of RCRA (
42 USC
6905(e)) provides for the
continued operation of an existing facility that meets certain conditions until
final administrative disposition of the owner's and operator's permit
application is made.
c) The
requirements of this Part do not apply to any of the following:
1) 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.);
BOARD NOTE: This Part applies to the treatment or storage of
hazardous waste before it is loaded into an ocean vessel for incineration or
disposal at sea, as provided in subsection (b).
2) This subsection (c)(2) corresponds with
40 CFR
265.1(c)(2), marked
"reserved" by USEPA. This statement maintains structural consistency with USEPA
rules;
3) The owner or operator of
a POTW (publicly owned treatment works) that treats, stores, or disposes of
hazardous waste;
BOARD NOTE: The owner or operator of a facility under
subsections (c)(1) and (c)(3) is subject to the requirements of 35 Ill. Adm.
Code 724 to the extent they are included in a permit by rule granted to such a
person under 35 Ill. Adm. Code 702 and 703 or are required by Subpart F of 35
Ill. Adm. Code 704.
4) This
subsection (c)(4) corresponds with
40 CFR
265.1(c)(4), which pertains
exclusively to the applicability of the federal regulations in authorized
states. There is no need for a parallel provision in the Illinois regulations.
This statement maintains structural consistency with USEPA rules;
5) The owner or operator of a facility
permitted, licensed, or registered by Illinois 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;
6) 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;
7) A generator accumulating waste on-site in
compliance with applicable conditions for exemption in 35 Ill. Adm. Code
722.114
through
722.117
and Subparts K and L of 35 Ill. Adm. Code 722, except to the extent the
requirements of this Part are included in those Sections and
Subparts;
8) A farmer disposing of
waste pesticides from the farmer's own use in compliance with 35 Ill. Adm. Code
722.170;
9) The owner or operator of a totally
enclosed treatment facility, as defined in 35 Ill. Adm. Code
720.110;
10) 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 of 35 Ill. Adm. Code 728) or reactive (D003) waste in order to remove
the characteristic before land disposal, the owner or operator must comply with
the requirements set forth in Section
725.117(b);
11) Immediate Response
A) Except as provided in subsection
(c)(11)(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 a 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 (c)(11)(A) 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;
12) A transporter storing manifested
shipments of hazardous waste in containers meeting the requirements of 35 Ill.
Adm. Code
722.130 at a transfer
facility for a period of ten days or less;
13) The addition of absorbent material to
waste in a container (as defined in 35 Ill. Adm. Code 720.110) or the addition
of waste to the absorbent material in a container, provided that these actions
occur at the time that the waste is first placed in the containers and Sections
725.117(b),
725.271,
and
725.272
are complied with;
14) 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;
15) This subsection (c)(15)
corresponds with
40 CFR
265.1(c)(15), which applies
only to a facility outside Illinois. This statement maintains structural
consistency with the corresponding USEPA rule; or
16) 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.
d) The following hazardous wastes
must not be managed at facilities subject to regulation under this Part: USEPA
hazardous waste numbers F020, F021, F022, F023, F026, or F027, unless the
following conditions are fulfilled:
1) The
wastewater treatment sludge is generated in a surface impoundment as part of
the plant's wastewater treatment system;
2) The waste is stored in tanks or
containers;
3) The waste is stored
or treated in waste piles that meet the requirements of 35 Ill. Adm. Code
724.350(c)
and all other applicable requirements of
Subpart L;
4) The waste is burned
in incinerators that are certified under the standards and procedures in
Section
725.452;
or
5) The waste is burned in
facilities that thermally treat the waste in a device other than an incinerator
and that are certified under the standards and procedures in Section
725.483.
e) 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, and the 35 Ill. Adm. Code 728 standards
are considered material conditions or requirements of the interim status
standards of this Part.
f) 35 Ill.
Adm. Code
726.505
identifies when the requirements of this Part apply 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.
g) Other bodies of regulations may apply to a
person, facility, or activity, such as 35 Ill. Adm. Code 809 (special waste
hauling), 35 Ill. Adm. Code 807 or 810 through 817 (solid waste landfills), 35
Ill. Adm. Code 848 or 849 (used and scrap tires), or 35 Ill. Adm. Code 1420
through 1422 (potentially infectious medical waste), depending on the
provisions of those other regulations.
