Current through Register Vol. 48, No. 38, September 20, 2024
a) Waste
Analysis
1) Before an owner or operator
treats, stores, or disposes of any hazardous wastes, or non-hazardous wastes if
applicable under Section
725.213(d),
the owner or operator must obtain a detailed chemical and physical analysis of
a representative sample of the wastes. At a minimum, the analysis must contain
all the information that must be known to treat, store, or dispose of the waste
in accordance with this Part and 35 Ill. Adm. Code 728.
2) The analysis may include data developed
under 35 Ill. Adm. Code 721 and existing published or documented data on the
hazardous waste or on waste generated from similar processes.
BOARD NOTE: For example, the facility's record of analyses
performed on the waste before the effective date of these regulations or
studies conducted on hazardous waste generated from processes similar to that
which generated the waste to be managed at the facility may be included in the
data base required to comply with subsection (a)(1), except as otherwise
specified in 35 Ill. Adm. Code
728.107(b)
and (c). The owner or operator of an off-site
facility may arrange for the generator of the hazardous waste to supply part or
all of the information required by subsection (a)(1). If the generator does not
supply the information and the owner or operator chooses to accept a hazardous
waste, the owner or operator is responsible for obtaining the information
required to comply with this Section.
3) The analysis must be repeated as necessary
to ensure that it is accurate and up to date. At a minimum, the analysis must
be repeated as follows:
A) When the owner or
operator is notified or has reason to believe that the process or operation
generating the hazardous waste, or non-hazardous waste if applicable under
Section
725.213(d),
has changed; and
B) For off-site
facilities, when the results of the inspection required in subsection (a)(4)
indicate that the hazardous waste received at the facility does not match the
waste designated on the accompanying manifest or shipping paper.
4) The owner or operator of an
off-site facility must inspect and, if necessary, analyze each hazardous waste
movement received at the facility to determine whether it matches the identity
of the waste specified on the accompanying manifest or shipping
paper.
b) The owner or
operator must develop and follow a written waste analysis plan that describes
the procedures that the owner or operator will carry out to comply with
subsection (a). The owner or operator must keep this plan at the facility. At a
minimum, the plan must specify the following:
1) The parameters for which each hazardous
waste, or non-hazardous waste if applicable under Section
725.213(d),
will be analyzed and the rationale for the selection of these parameters (i.e.,
how analysis for these parameters will provide sufficient information on the
waste's properties to comply with subsection (a)).
2) The test methods that will be used to test
for these parameters.
3) The
sampling method that will be used to obtain a representative sample of the
waste to be analyzed. A representative sample may be obtained using either of
the following methods:
A) One of the sampling
methods described in Appendix A to 35 Ill. Adm. Code 721, or
B) An equivalent sampling method.
BOARD NOTE: See 35 Ill. Adm. Code
720.120(c)
for related discussion.
4) The frequency with which the initial
analysis of the waste will be reviewed or repeated to ensure that the analysis
is accurate and up-to-date.
5) For
off-site facilities, the waste analyses that hazardous waste generators have
agreed to supply.
6) Where
applicable, the methods that will be used to meet the additional waste analysis
requirements for specific waste management methods, as specified in Sections
725.300,
725.325,
725.352,
725.373,
725.414,
725.441,
725.475,
725.502,
725.934(d),
725.963(d),
and
725.984
and 35 Ill. Adm. Code 728.107.
7)
For surface impoundments exempted from land disposal restrictions under 35 Ill.
Adm. Code
728.104(a),
the procedures and schedules for the following:
A) The sampling of impoundment
contents;
B) The analysis of test
data; and
C) The annual removal of
residues that are not delisted under 35 Ill. Adm. Code
720.122 or that
exhibit a characteristic of hazardous waste and either of the following is
true:
i) The waste residues do not meet the
applicable treatment standards of Subpart D of 35 Ill. Adm. Code 728,
or
ii) Where no treatment standards
have been established, the waste residues are prohibited from land disposal
under 35 Ill. Adm. Code
728.132
or
728.139.
8) For an owner or
operator seeking an exemption to the air emission standards of Subpart CC of 35
Ill. Adm. Code 724 in accordance with Section
725.983:
A) If direct measurement is used for the
waste determination, the procedures and schedules for waste sampling and
analysis, and the analysis of test data to verify the exemption.
B) If knowledge of the waste is used for the
waste determination, any information prepared by the facility owner or
operator, or by the generator of the waste if the waste is received from
off-site, that is used as the basis for knowledge of the waste.
c) For off-site
facilities, the waste analysis plan required in subsection (b) must also
specify the procedures that will be used to inspect and, if necessary, analyze
each movement of hazardous waste received at the facility to ensure that it
matches the identity of the waste designated on the accompanying manifest or
shipping paper. At a minimum, the plan must describe the following:
1) The procedures that will be used to
determine the identity of each movement of waste managed at the
facility;
2) The sampling method
that will be used to obtain a representative sample of the waste to be
identified if the identification method includes sampling; and
3) The procedures that the owner or operator
of an off-site landfill receiving containerized hazardous waste will use to
determine whether a hazardous waste generator or treater has added a
biodegradable sorbent to the waste in the container.
