Current through Register Vol. 48, No. 38, September 20, 2024
a) This Part identifies hazardous wastes that
are restricted from land disposal and defines those limited circumstances under
which an otherwise prohibited waste may continue to be land disposed.
b) Except as specifically provided otherwise
in this Part or 35 Ill. Adm. Code 721, the requirements of this Part apply to
persons that generate or transport hazardous waste and to owners and operators
of hazardous waste treatment, storage, and disposal facilities.
c) Restricted wastes may continue to be land
disposed as follows:
1) If a person has been
granted an extension to the effective date of a prohibition under Subpart C or
under Section
728.105,
with respect to those wastes covered by the extension;
2) If a person has been granted an exemption
from a prohibition under a petition under Section
728.106,
with respect to those wastes and units covered by the petition;
3) A waste that is hazardous only because it
exhibits a characteristic of hazardous waste and that is otherwise prohibited
under this Part is not prohibited if the following is true of the waste:
A) The waste is disposed into a non-hazardous
or hazardous waste injection well, as defined in 35 Ill. Adm. Code
704.106(a);
and
B) The waste does not exhibit
any prohibited characteristic of hazardous waste identified in Subpart C of 35
Ill. Adm. Code 721 at the point of injection.
4) A waste that is hazardous only because it
exhibits a characteristic of hazardous waste and that is otherwise prohibited
under this Part is not prohibited if the waste meets any of the following
criteria, unless the waste is subject to a specified method of treatment other
than DEACT in Section
728.140
or is D003 reactive cyanide:
A) Any of the
following is true of either treatment or management of the waste:
i) The waste is managed in a treatment system
that subsequently discharges to waters of the United States under a permit
issued under 35 Ill. Adm. Code 309;
ii) The waste is treated for purposes of the
pretreatment requirements of 35 Ill. Adm. Code 307 and 310; or
iii) The waste is managed in a zero discharge
system engaged in Clean Water Act (CWA)-equivalent treatment, as defined in
Section
728.137(a);
and
B) The waste no
longer exhibits a prohibited characteristic of hazardous waste at the point of
land disposal (i.e., placement in a surface impoundment).
d) This Part does not affect the
availability of a waiver under Section 121(d)(4) of the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)
(42 USC
9621(d)(4)).
e) The following hazardous wastes are not
subject to any provision of this Part:
1)
Waste generated by a VSQG, as defined in 35 Ill. Adm. Code
720.110;
2) Waste pesticide that a farmer disposes of
under 35 Ill. Adm. Code
722.170;
3) Waste identified or listed as hazardous
after November 8, 1984, for which USEPA has not promulgated a land disposal
prohibition or treatment standard; and
4) De minimis losses of waste that exhibits a
characteristic of hazardous waste to wastewaters are not considered to be
prohibited waste and are defined as losses from normal material handling
operations (e.g., spills from the unloading or transfer of materials from bins
or other containers or leaks from pipes, valves, or other devices used to
transfer materials); minor leaks of process equipment, storage tanks, or
containers; leaks from well-maintained pump packings and seals; sample
purgings; relief device discharges; discharges from safety showers and rinsing
and cleaning of personal safety equipment; rinsate from empty containers or
from containers that are rendered empty by that rinsing; and laboratory waste
that does not exceed one percent of the total flow of wastewater into the
facility's headworks on an annual basis, or with a combined annualized average
concentration not exceeding one part per million (ppm) in the headworks of the
facility's wastewater treatment or pretreatment facility.
f) A universal waste handler or universal
waste transporter (as defined in 35 Ill. Adm. Code 720.110) is exempt from
Sections
728.107
and
728.150
for the hazardous wastes listed below. Such a handler or transporter is subject
to regulation under 35 Ill. Adm. Code 733.
1)
Batteries, as described in 35 Ill. Adm. Code
733.102;
2) Pesticides, as described in 35 Ill. Adm.
Code
733.103;
3) Mercury-containing equipment, as described
in 35 Ill. Adm. Code
733.104;
4) Lamps, as described in 35 Ill. Adm. Code
733.105;
and
5) Aerosol cans, as described
in 35 Ill. Adm. Code
733.106.
g) This Part is cumulative with
the land disposal restrictions of 35 Ill. Adm. Code 729. The Environmental
Protection Agency (Agency) must not issue a wastestream authorization under 35
Ill. Adm. Code 709 or Section 22.6 or 39(h) of the Act unless the waste meets
the requirements of this Part as well as 35 Ill. Adm. Code 729.
h) Electronic Reporting. The filing of any
document under any provision of this Part as an electronic document is subject
to 35 Ill. Adm. Code
720.104.
BOARD NOTE: Subsection (h) is derived from 40 CFR 3,
271.10(b),
271.11(b),
and
271.12(h).
