Current through Register Vol. 48, No. 38, September 20, 2024
a) Requirements for Generators and Reverse
Distributors
1) A generator of a hazardous
waste must determine if the waste has to be treated before it can be land
disposed. This is done by determining if the hazardous waste meets the
treatment standards in Section
728.140,
728.145,
or
728.149.
This determination can be made concurrently with the hazardous waste
determination required in 35 Ill. Adm. Code
722.111,
in either of two ways: testing the waste or using knowledge of the waste. If
the generator tests the waste, testing determines the total concentration of
hazardous constituents or the concentration of hazardous constituents in an
extract of the waste obtained using Method 1311 (Toxicity Characteristic
Leaching Procedure) in "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods", USEPA publication number EPA-530/SW-846,
incorporated by reference in 35 Ill. Adm. Code
720.111(a),
depending on whether the treatment standard for the waste is expressed as a
total concentration or concentration of hazardous constituent in the waste
extract. (Alternatively, the generator must send the waste to a RCRA-permitted
hazardous waste treatment facility, if the waste treatment facility must comply
with the requirements of 35 Ill. Adm. Code
724.113
and subsection (b).) In addition, some hazardous wastes must be treated by
particular treatment methods before they can be land disposed and some soils
are contaminated by such hazardous wastes. These treatment standards are also
found in Section
728.140
and Table T, and are described in detail in Table C. These wastes and soils
contaminated with such wastes do not need to be tested (however, if they are in
a waste mixture, other wastes with concentration level treatment standards must
be tested). If a generator determines that it is managing a waste or soil
contaminated with a waste that displays a hazardous characteristic of
ignitability, corrosivity, reactivity, or toxicity, the generator must comply
with the special requirements of Section
728.109
in addition to any applicable requirements in this Section.
2) If the waste or contaminated soil does not
meet the treatment standard or if the generator chooses not to make the
determination of whether its waste must be treated, the generator must send a
one-time written notice to each treatment or storage facility receiving the
waste with the initial shipment of waste to each treatment or storage facility,
and the generator must place a copy of the one-time notice in the file. The
notice must include the information in column "728.107(a)(2) " of the Generator
Paperwork Requirements Table in Table I. (Alternatively, if the generator
chooses not to make the determination of whether the waste must be treated, the
notification must include the USEPA hazardous waste numbers and manifest number
of the first shipment, and it must include the following statement: "This
hazardous waste may or may not be subject to the LDR treatment standards. The
treatment facility must make the determination.") No further notification is
necessary until such time that the waste or facility changes, in which case a
new notification must be sent and a copy placed in the generator's
file.
3) If the waste or
contaminated soil meets the treatment standard at the original point of
generation, the waste generator must do the following:
A) With the initial shipment of waste to each
treatment, storage, or disposal facility, the generator must send a one-time
written notice to each treatment, storage, or disposal facility receiving the
waste, and place a copy in its own file. The notice must include the
information indicated in column "728.107(a)(3) " of the Generator Paperwork
Requirements Table in Table I and the following certification statement, signed
by an authorized representative:
I certify under penalty of law that I personally have
examined and am familiar with the waste through analysis and testing or through
knowledge of the waste to support this certification that the waste complies
with the treatment standards specified in Subpart D of 35 Ill. Adm. Code 728. I
believe that the information I submitted is true, accurate, and complete. I am
aware that there are significant penalties for submitting a false
certification, including the possibility of a fine and imprisonment.
B) For contaminated soil, with the
initial shipment of wastes to each treatment, storage, or disposal facility,
the generator must send a one-time written notice to each facility receiving
the waste and place a copy in the file. The notice must include the information
in the column headed "(a)(3)" in Table I.
C) If the waste changes, the generator must
send a new notice and certification to the receiving facility and place a copy
in its files. A generator of hazardous debris excluded from the definition of
hazardous waste under 35 Ill. Adm. Code
721.103(f)
is not subject to these requirements.
4) For reporting, tracking and recordkeeping
when exceptions allow certain wastes or contaminated soil that do not meet the
treatment standards to be land disposed, there are certain exemptions from the
requirement that hazardous wastes or contaminated soil meet treatment standards
before they can be land disposed. These include, but are not limited to,
case-by-case extensions under Section
728.105,
disposal in a no-migration unit under Section
728.106,
or a national capacity variance or case-by-case capacity variance under Subpart
C. If a generator's waste is so exempt, then with the initial shipment of
waste, the generator must send a one-time written notice to each land disposal
facility receiving the waste. The notice must include the information indicated
in column "728.107(a)(4) " of the Generator Paperwork Requirements Table in
Table I. If the waste changes, the generator must send a new notice to the
receiving facility, and place a copy in its file.
5) If a generator is managing and treating
prohibited waste or contaminated soil in tanks, containers, or containment
buildings regulated under 35 Ill. Adm. Code
722.115,
722.116,
and
722.117
to meet applicable LDR treatment standards found at Section 728.140, the
generator must develop and follow a written waste analysis plan that describes
the procedures it will carry out to comply with the treatment standards.
(Generators treating hazardous debris under the alternative treatment standards
of Table F, however, are not subject to these waste analysis requirements.) The
plan must be kept on site in the generator's records, and the following
requirements must be met:
A) The waste
analysis plan must be based on a detailed chemical and physical analysis of a
representative sample of the prohibited wastes being treated, and contain all
information necessary to treat the wastes in accordance with the requirements
of this Part, including the selected testing frequency;
B) Such plan must be kept in the facility's
on-site files and made available to inspectors; and
C) Wastes shipped off-site under this
subsection (a)(5) must comply with the notification requirements of subsection
(a)(3).
6) If a
generator determines that the waste or contaminated soil is restricted based
solely on its knowledge of the waste, all supporting data used to make this
determination must be retained on-site in the generator's files. If a generator
determines that the waste is restricted based on testing this waste or an
extract developed using Method 1311 (Toxicity Characteristic Leaching
Procedure) in "Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods", USEPA publication number EPA-530/SW-846, all waste analysis data must
be retained on-site in the generator's files.
7) If a generator determines that it is
managing a prohibited waste that is excluded from the definition of hazardous
or solid waste or that is exempt from Subtitle C regulation under 35 Ill. Adm.
Code
721.102
through
721.106
subsequent to the point of generation (including deactivated characteristic
hazardous wastes that are managed in wastewater treatment systems subject to
the CWA, as specified at 35 Ill. Adm. Code
721.104(a)(2);
that are CWA-equivalent; or that are managed in an underground injection well
regulated under 35 Ill. Adm. Code 730), the generator must place a one-time
notice stating such generation, subsequent exclusion from the definition of
hazardous or solid waste or exemption from RCRA Subtitle C regulation, and the
disposition of the waste in the generating facility's on-site file.
8) A generator must retain a copy of all
notices, certifications, waste analysis data, and other documentation produced
under this Section on-site for at least three years from the date that the
waste that is the subject of such documentation was last sent to on-site or
off-site treatment, storage, or disposal. The three-year record retention
period is automatically extended during the course of any unresolved
enforcement action regarding the regulated activity or as requested in writing
by the Agency. The requirements of this subsection (a)(8) apply to solid wastes
even when the hazardous characteristic is removed prior to disposal, or when
the waste is excluded from the definition of hazardous or solid waste under 35
Ill. Adm. Code
721.102
through 721.106, or exempted from RCRA Subtitle C regulation, subsequent to the
point of generation.
BOARD NOTE: Any Agency request for extended records retention
under this subsection (a)(8) is subject to Board review under Section 40 of the
Act.
9) If a generator is
managing a lab pack containing hazardous wastes and wishes to use the
alternative treatment standard for lab packs found at Section
728.142(c),
the generator must fulfill the following conditions:
A) With the initial shipment of waste to a
treatment facility, the generator must submit a notice that provides the
information in column "Section 728.107(a)(9) " in the Generator Paperwork
Requirements Table of Table I and the following certification. The
certification, which must be signed by an authorized representative and must be
placed in the generator's files, must say the following:
I certify under penalty of law that I personally have
examined and am familiar with the waste and that the lab pack contains only
wastes that have not been excluded under Appendix D to 35 Ill. Adm. Code 728
and that this lab pack will be sent to a combustion facility in compliance with
the alternative treatment standards for lab packs at 35 Ill. Adm. Code
728.142(c).
I am aware that there are significant penalties for submitting a false
certification, including the possibility of fine or imprisonment.
B) No further notification is
necessary until such time as the wastes in the lab pack change, or the
receiving facility changes, in which case a new notice and certification must
be sent and a copy placed in the generator's file.
C) If the lab pack contains characteristic
hazardous wastes (D001-D043), underlying hazardous constituents (as defined in
Section
728.102(i)
) need not be determined.
D) The
generator must also comply with the requirements in subsections (a)(6) and
(a)(7).
10) An SQG with
tolling agreements under 35 Ill. Adm. Code
722.120(e)
must comply with the applicable notification and certification requirements of
subsection (a) for the initial shipment of the waste subject to the agreement.
Such generators must retain on-site a copy of the notification and
certification, together with the tolling agreement, for at least three years
after termination or expiration of the agreement. The three-year record
retention period is automatically extended during the course of any unresolved
enforcement action regarding the regulated activity or as requested in writing
by the Agency.
BOARD NOTE: Any Agency request for extended records retention
under this subsection (a)(10) is subject to Board review under Section 40 of
the Act.
b) The
owner or operator of a treatment facility must test its wastes according to the
frequency specified in its waste analysis plan, as required by 35 Ill. Adm.
Code
724.113
(for permitted TSDs) or
725.113
(for interim status facilities). Such testing must be performed as provided in
subsections (b)(1), (b)(2), and (b)(3).
1)
For wastes or contaminated soil with treatment standards expressed in the waste
extract (TCLP), the owner or operator of the treatment facility must test an
extract of the treatment residues using Method 1311 (Toxicity Characteristic
Leaching Procedure) in "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods", USEPA publication number EPA-530/SW-846, to assure
that the treatment residues extract meets the applicable treatment
standards.
2) For wastes or
contaminated soil with treatment standards expressed as concentrations in the
waste, the owner or operator of the treatment facility must test the treatment
residues (not an extract of such residues) to assure that the treatment
residues meet the applicable treatment standards.
3) A one-time notice must be sent with the
initial shipment of waste or contaminated soil to the land disposal facility. A
copy of the notice must be placed in the treatment facility's file.
A) No further notification is necessary until
such time that the waste or receiving facility changes, in which case a new
notice must be sent and a copy placed in the treatment facility's
file.
B) The one-time notice must
include the following requirements:
i) USEPA
hazardous waste number and manifest number of first shipment;
ii) The waste is subject to the LDRs. The
constituents of concern for F001 through F005 and F039 waste and underlying
hazardous constituents in characteristic wastes, unless the waste will be
treated and monitored for all constituents. If all constituents will be treated
and monitored, there is no need to put them all on the LDR notice;
iii) The notice must include the applicable
wastewater/nonwastewater category (see Section
728.102(d) and
(f)) and subdivisions made within a USEPA
hazardous waste numbers based on waste-specific criteria (such as D003 reactive
cyanide);
iv) Waste analysis data
(when available);
v) For
contaminated soil subject to LDRs as provided in Section
728.149(a),
the constituents subject to treatment as described in Section
728.149(d)
and the following statement, "this contaminated soil (does/does not) contain
listed hazardous waste and (does/does not) exhibit a characteristic of
hazardous waste and (is subject to/complies with) the soil treatment standards
as provided by Section
728.149(c)
"; and
vi) A certification is
needed (see applicable Section for exact wording).
4) The owner or operator of a
treatment facility must submit a certification signed by an authorized
representative with the initial shipment of waste or treatment residue of a
restricted waste to the land disposal facility. The certification must state as
follows:
I certify under penalty of law that I have personally
examined and am familiar with the treatment technology and operation of the
treatment process used to support this certification. Based on my inquiry of
those individuals immediately responsible for obtaining this information, I
believe that the treatment process has been operated and maintained properly so
as to comply with the treatment standards specified in 35 Ill. Adm. Code
728.140
without impermissible dilution of the prohibited waste. I am aware there are
significant penalties for submitting a false certification, including the
possibility of fine and imprisonment.
A certification is also necessary for contaminated soil and
it must state as follows:
I certify under penalty of law that I have personally
examined and am familiar with the treatment technology and operation of the
treatment process used to support this certification and believe that it has
been maintained and operated properly so as to comply with treatment standards
specified in 35 Ill. Adm. Code
728.149
without impermissible dilution of the prohibited wastes. I am aware there are
significant penalties for submitting a false certification, including the
possibility of fine and imprisonment.
A) A copy of the certification must be placed
in the treatment facility's on-site files. If the waste or treatment residue
changes, or the receiving facility changes, a new certification must be sent to
the receiving facility, and a copy placed in the treatment facility's
file.
B) Debris excluded from the
definition of hazardous waste under 35 Ill. Adm. Code
721.103(f)
(i.e., debris treated by an extraction or destruction technology listed in
Table F and debris that the Agency has determined does not contain hazardous
waste) is subject to the notification and certification requirements of
subsection (d) rather than the certification requirements of this subsection
(b)(4).
C) For wastes with organic
constituents having treatment standards expressed as concentration levels, if
compliance with the treatment standards is based in part or in whole on the
analytical detection limit alternative specified in Section
728.140(d),
the certification must be signed by an authorized representative and must state
as follows:
I certify under penalty of law that I have personally
examined and am familiar with the treatment technology and operation of the
treatment process used to support this certification. Based on my inquiry of
those individuals immediately responsible for obtaining this information, I
believe that the nonwastewater organic constituents have been treated by
combustion units as specified in Table C to 35 Ill. Adm. Code 728. I have been
unable to detect the nonwastewater organic constituents, despite having used
best good faith efforts to analyze for such constituents. I am aware that there
are significant penalties for submitting a false certification, including the
possibility of fine and imprisonment.
D) For characteristic wastes that are subject
to the treatment standards in Section
728.140
and Table T (other than those expressed as a required method of treatment) or
Section
728.149
and that contain underlying hazardous constituents, as defined in Section
728.102(i);
if these wastes are treated on-site to remove the hazardous characteristic; and
that are then sent off-site for treatment of underlying hazardous constituents,
the certification must state as follows:
I certify under penalty of law that the waste has been
treated in accordance with the requirements of 35 Ill. Adm. Code
728.140
and Table T of Section
728.149
of that Part to remove the hazardous characteristic. This decharacterized waste
contains underlying hazardous constituents that require further treatment to
meet treatment standards. I am aware that there are significant penalties for
submitting a false certification, including the possibility of fine and
imprisonment.
E) For
characteristic wastes that contain underlying hazardous constituents, as
defined in Section
728.102(i),
that are treated on-site to remove the hazardous characteristic and to treat
underlying hazardous constituents to levels in Section
728.148
and Table U universal treatment standards, the certification must state as
follows:
I certify under penalty of law that the waste has been
treated in accordance with the requirements of 35 Ill. Adm. Code
728.140
and Table T of that Part to remove the hazardous characteristic and that
underlying hazardous constituents, as defined in 35 Ill. Adm. Code
728.102(i),
have been treated on-site to meet the universal treatment standards of 35 Ill.
Adm. Code
728.148
and Table U of that Part. I am aware that there are significant penalties for
submitting a false certification, including the possibility of fine and
imprisonment.
5)
If the waste or treatment residue will be further managed at a different
treatment, storage, or disposal facility, the treatment, storage, or disposal
facility that sends the waste or treatment residue off-site must comply with
the notice and certification requirements applicable to generators under this
Section.
6) If the wastes are
recyclable materials used in a manner constituting disposal subject to the
provisions of 35 Ill. Adm. Code
726.120(b),
regarding treatment standards and prohibition levels, the owner or operator of
a treatment facility (i.e., the recycler) must, for the initial shipment of
waste, prepare a one-time certification described in subsection (b)(4) and a
notice that includes the information listed in subsection (b)(3) (except the
manifest number). The certification and notification must be placed in the
facility's on-site files. If the waste or the receiving facility changes, a new
certification and notification must be prepared and placed in the on-site
files. In addition, the owner or operator of the recycling facility also must
keep records of the name and location of each entity receiving the hazardous
waste-derived product.
c) Except if the owner or operator is
disposing of any waste that is a recyclable material used in a manner
constituting disposal under 35 Ill. Adm. Code
726.120(b),
the owner or operator of any land disposal facility disposing any waste subject
to restrictions under this Part must do the following:
1) Maintain in its files copies of the notice
and certifications specified in subsection (a) or (b).
2) Test the waste or an extract of the waste
or treatment residue developed using Method 1311 (Toxicity Characteristic
Leaching Procedure in "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods", USEPA publication number EPA-530/SW-846) to assure
that the waste or treatment residue is in compliance with the applicable
treatment standards set forth in Subpart D. Such testing must be performed
according to the frequency specified in the facility's waste analysis plan as
required by 35 Ill. Adm. Code
724.113 or
35 Ill. Adm. Code 725.113.
3) If
the owner or operator is disposing of any waste that is subject to the
prohibitions under Section
728.133(f)
but not subject to the prohibitions set forth in Section
728.132,
the owner or operator must ensure that such waste is the subject of a
certification according to the requirements of Section
728.108
prior to disposal in a landfill or surface impoundment unit, and that such
disposal is in accordance with the requirements of Section
728.105(h)(2).
The same requirement applies to any waste that is subject to the prohibitions
under Section
728.133(f)
and also is subject to the statutory prohibitions in the codified prohibitions
in Section
728.139
or Section 728.132.
4) If the owner
or operator is disposing of any waste that is a recyclable material used in a
manner constituting disposal subject to the provisions of 35 Ill. Adm. Code
726.120(b),
the owner or operator is not subject to subsections (c)(1) through (c)(3) with
respect to such waste.
d) A generator or treater that first claims
that hazardous debris is excluded from the definition of hazardous waste under
35 Ill. Adm. Code
721.103(f)
(i.e., debris treated by an extraction or destruction technology provided by
Table F, and debris that has been delisted) is subject to the following
notification and certification requirements:
1) A one-time notification must be submitted
to the Agency including the following information:
A) The name and address of the RCRA Subtitle
D (municipal solid waste landfill) facility receiving the treated
debris;
B) A description of the
hazardous debris as initially generated, including the applicable USEPA
hazardous waste numbers; and
C) For
debris excluded under 35 Ill. Adm. Code
721.103(f)(1),
the technology from Table F used to treat the debris.
2) The notification must be updated if the
debris is shipped to a different facility and, for debris excluded under 35
Ill. Adm. Code
721.103(f)(1),
if a different type of debris is treated or if a different technology is used
to treat the debris.
3) For debris
excluded under 35 Ill. Adm. Code
721.103(f)(1),
the owner or operator of the treatment facility must document and certify
compliance with the treatment standards of Table F, as follows:
A) Records must be kept of all inspections,
evaluations, and analyses of treated debris that are made to determine
compliance with the treatment standards;
B) Records must be kept of any data or
information the treater obtains during treatment of the debris that identifies
key operating parameters of the treatment unit; and
C) For each shipment of treated debris, a
certification of compliance with the treatment standards must be signed by an
authorized representative and placed in the facility's files. The certification
must state as follows:
I certify under penalty of law that the debris has been
treated in accordance with the requirements of 35 Ill. Adm. Code 728.145. I am
aware that there are significant penalties for making a false certification,
including the possibility of fine and imprisonment.
e) A generator or
treater that first receives a determination from USEPA or the Agency that a
given contaminated soil subject to LDRs, as provided in Section
728.149(a),
no longer contains a listed hazardous waste and a generator or treater that
first determines that a contaminated soil subject to LDRs, as provided in
Section
728.149(a),
no longer exhibits a characteristic of hazardous waste must do the following:
1) Prepare a one-time only documentation of
these determinations including all supporting information; and
2) Maintain that information in the facility
files and other records for a minimum of three years.
