Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 733 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT
Subpart B - STANDARDS FOR SMALL QUANTITY HANDLERS
Section 733.113 - Waste Management
Universal Citation: 35 IL Admin Code ยง 733.113
Current through Register Vol. 48, No. 38, September 20, 2024
a) Universal Waste Batteries. A small quantity handler of universal waste must manage universal waste batteries in a manner that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
1) A small quantity handler of
universal waste must contain any universal waste battery that shows evidence of
leakage, spillage, or damage that could cause leakage under reasonably
foreseeable conditions in a container. The container must be closed,
structurally sound, compatible with the contents of the battery, and must lack
evidence of leakage, spillage, or damage that could cause leakage under
reasonably foreseeable conditions;
2) A small quantity handler of universal
waste may conduct the following activities, as long as the casing of each
individual battery cell is not breached and remains intact and closed (except
that cells may be opened to remove electrolyte but must be immediately closed
after removal):
A) Sorting batteries by
type;
B) Mixing battery types in
one container;
C) Discharging
batteries so as to remove the electric charge;
D) Regenerating used batteries;
E) Disassembling batteries or battery packs
into individual batteries or cells;
F) Removing batteries from consumer products;
or
G) Removing electrolyte from
batteries; and
3) A small
quantity handler of universal waste that removes electrolyte from batteries, or
that generates other solid waste (e.g., battery pack materials, discarded
consumer products) as a result of the activities listed in subsection (a)(2),
must determine whether the electrolyte or other solid waste exhibits a
characteristic of hazardous waste identified in Subpart C of 35 Ill. Adm. Code
721.
A) If the electrolyte or other solid
waste exhibits a characteristic of hazardous waste, it is subject to all
applicable requirements of 35 Ill. Adm. Code 702 through 705 and 720 through
728. The handler is considered the generator of the hazardous electrolyte or
other waste and is subject to 35 Ill. Adm. Code 722.
B) If the electrolyte or other solid waste is
not hazardous, the handler may manage the waste in any way that is in
compliance with applicable federal, State, or local solid (non-hazardous) waste
regulations.
BOARD NOTE: See generally the Act and 35 Ill. Adm. Code 807 through 817 to determine whether additional facility siting, special waste, or non-hazardous waste regulations apply to the waste. Consult the ordinances of relevant units of local government to determine whether local requirements apply.
b) Universal Waste Pesticides. A small quantity handler of universal waste must manage universal waste pesticides in a way that prevents releases of any universal waste or component of a universal waste to the environment. The universal waste pesticides must be contained in one or more of the following:
1) A container
that remains closed, structurally sound, compatible with the pesticide, and
that lacks evidence of leakage, spillage, or damage that could cause leakage
under reasonably foreseeable conditions;
2) A container that does not meet the
requirements of subsection (b)(1), provided that the unacceptable container is
overpacked in a container that does meet the requirements of subsection
(b)(1);
3) A tank that meets the
requirements of Subpart J of 35 Ill. Adm. Code 725, except for 35 Ill. Adm.
Code
725.297(c),
265.300,
and 265.301; or
4) A transport
vehicle or vessel that is closed, structurally sound, compatible with the
pesticide, and that lacks evidence of leakage, spillage, or damage that could
cause leakage under reasonably foreseeable conditions.
c) Universal Waste Mercury-Containing Equipment. A small quantity handler of universal waste must manage universal waste mercury-containing equipment in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
1) A small quantity handler of
universal waste must place in a container any universal waste
mercury-containing equipment with non-contained elemental mercury or that shows
evidence of leakage, spillage, or damage that could cause leakage under
reasonably foreseeable conditions. The container must be closed; must be
structurally sound; must be compatible with the contents of the device; must
lack evidence of leakage, spillage, or damage that could cause leakage under
reasonably foreseeable conditions; and must be reasonably designed to prevent
the escape of mercury into the environment by volatilization or any other
means.
2) A small quantity handler
of universal waste may remove mercury-containing ampules from universal waste
mercury-containing equipment provided the handler follows each of the following
procedures:
A) It removes and manages the
ampules in a manner designed to prevent breakage of the ampules;
B) It removes ampules only over or in a
containment device (e.g., tray or pan sufficient to collect and contain any
mercury released from an ampule in case of breakage);
C) It ensures that a mercury clean-up system
is readily available to immediately transfer any mercury resulting from spills
or leaks from broken ampules from that containment device to a container that
is subject to all applicable requirements of 35 Ill. Adm. Code 702, 703, 705,
and 720 through 728;
D) It
immediately transfers any mercury resulting from spills or leaks from broken
ampules from the containment device to a container that meets the requirements
of 35 Ill. Adm. Code 702, 703, 705, and 720 through 728;
E) It ensures that the area in which ampules
are removed is well ventilated and monitored to ensure compliance with
applicable OSHA exposure levels for mercury;
F) It ensures that employees removing ampules
are thoroughly familiar with proper waste mercury handling and emergency
procedures, including transfer of mercury from containment devices to
appropriate containers;
G) It
stores removed ampules in closed, non-leaking containers that are in good
condition; and
H) It packs removed
ampules in the container with packing materials adequate to prevent breakage
during storage, handling, and transportation.
3) A small quantity handler of universal
waste mercury-containing equipment that does not contain an ampule may remove
the open original housing holding the mercury from universal waste
mercury-containing equipment provided the handler does as follows:
A) It immediately seals the original housing
holding the mercury with an air-tight seal to prevent the release of any
mercury to the environment; and
B)
It follows all requirements for removing ampules and managing removed ampules
under subsection (c)(2).
4) Required Hazardous Waste Determination and
Further Waste Management
A) A small quantity
handler of universal waste that removes mercury-containing ampules from
mercury-containing equipment or seals mercury from mercury-containing equipment
in its original housing must determine whether the following exhibit a
characteristic of hazardous waste identified in Subpart C of 35 Ill. Adm. Code
721:
i) Mercury or clean-up residues
resulting from spills or leaks; or
ii) Other solid waste generated as a result
of the removal of mercury-containing ampules (e.g., the remaining
mercury-containing equipment).
B) If the mercury, residues, or other solid
waste exhibits a characteristic of hazardous waste, it must be managed in
compliance with all applicable requirements of 35 Ill. Adm. Code 702 through
705 and 720 through 728. The handler is considered the generator of the
mercury, residues, or other waste and must manage it in compliance with 35 Ill.
Adm. Code 722.
C) If the mercury,
residues, or other solid waste is not hazardous, the handler may manage the
waste in any way that is in compliance with applicable federal, State, or local
solid (non-hazardous) waste regulations.
BOARD NOTE: See generally the Act and 35 Ill. Adm. Code 807 through 817 to determine whether additional facility siting, special waste, or non-hazardous waste regulations apply to the waste. Consult the ordinances of relevant units of local government to determine whether local requirements apply.
d) Lamps. A small quantity handler of universal waste must manage lamps in a manner that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
1) A small quantity handler of
universal waste lamps must contain all lamps in containers or packages that are
structurally sound, adequate to prevent breakage, and compatible with the
contents of the lamps. Such containers and packages must remain closed and must
lack evidence of leakage, spillage, or damage that could cause leakage under
reasonably foreseeable conditions;
2) A small quantity handler of universal
waste lamps must immediately clean up and place in a container any lamp that is
broken, and the small quantity handler must place in a container any lamp that
shows evidence of breakage, leakage, or damage that could cause the release of
mercury or other hazardous constituents to the environment. Any container used
must be closed, structurally sound, compatible with the contents of the lamps,
and must lack evidence of leakage, spillage, or damage that could cause leakage
or releases of mercury or other hazardous constituents to the environment under
reasonably foreseeable conditions; and
3) Small quantity handlers of universal waste
lamps may treat those lamps for volume reduction at the site where they were
generated under the following conditions:
A)
The lamps must be crushed in a closed system designed and operated in such a
manner that any emission of mercury from the crushing system must not exceed
0.1 mg/m3 when measured on the basis of time
weighted average over an eight-hour period;
B) The handler must provide notification of
crushing activity to the Agency quarterly, in a form as provided by the Agency.
Such notification must include the following information:
i) Name and address of the handler;
ii) Estimated monthly amount of lamps
crushed; and
iii) The technology
employed for crushing, including any certification or testing data provided by
the manufacturer of the crushing unit verifying that the crushing device
achieves the emission controls required in subsection (d)(5)(A);
C) The handler immediately
transfers any material recovered from a spill or leak to a container that meets
the requirements of 35 Ill. Adm. Code
722.115,
and has available equipment necessary to comply with this
requirement;
D) The handler ensures
that the area in which the lamps are crushed is well-ventilated and monitored
to ensure compliance with applicable OSHA exposure levels for
mercury;
E) The handler ensures
that employees crushing lamps are thoroughly familiar with proper waste mercury
handling and emergency procedures, including transfer of mercury from
containment devices to appropriate containers; and
F) The crushed lamps are stored in closed,
non-leaking containers that are in good condition (e.g., no severe rusting,
apparent structural defects or deterioration), suitable to prevent releases
during storage, handling, and transportation.
e) Aerosol Cans. A small quantity handler of universal waste must manage universal waste aerosol cans in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
1) A small quantity
handler must accumulate universal waste aerosol cans in a container that is
structurally sound; compatible with the contents of the aerosol cans; lacks
evidence of leakage, spillage, or damage that could cause leakage under
reasonably foreseeable conditions; and is protected from sources of
heat.
2) A small quantity handler
must package universal waste aerosol cans that show evidence of leakage in a
separate closed container or overpacked with absorbents, or the small quantity
handler must immediately puncture and drain the cans in accordance with the
requirements of subsection (e)(4).
3) A small quantity handler of universal
waste may conduct the following activities as long as each individual aerosol
can is not breached and remains intact:
A)
Sorting aerosol cans by type;
B)
Mixing intact cans in one container; and
C) Removing actuators to reduce the risk of
accidental release; and
4) A small quantity handler of universal
waste that punctures and drains its aerosol cans must recycle the empty
punctured aerosol cans and meet the following requirements while puncturing and
draining universal waste aerosol cans:
A) The
small quantity handler must conduct puncturing and draining activities using a
device specifically designed to safely puncture aerosol cans and effectively
contain the residual contents and any emissions of the contents.
B) The small quantity handler must establish
and follow a written procedure detailing how to safely puncture and drain the
universal waste aerosol cans (including proper assembly, operation and
maintenance of the unit, segregation of incompatible wastes, and proper waste
management practices to prevent fires or releases); maintain a copy of the
manufacturer's specification and instruction on site; and ensure employees
operating the device are trained in the proper procedures.
C) The small quantity handler must ensure
that puncturing the cans is done in a manner designed to prevent fires and to
prevent the release of any component of universal waste to the environment.
This manner includes locating the equipment on a solid, flat surface in a
well-ventilated area.
D) The small
quantity handler must immediately transfer the contents from the waste aerosol
cans or puncturing device, if applicable, to a container or tank that meets the
applicable requirements of 35 Ill. Adm. Code
722.114,
722.115, 722.116, or 722.117.
E)
The small quantity handler must conduct a hazardous waste determination on the
contents of the emptied aerosol can under 35 Ill. Adm. Code
722.111.
Any hazardous waste generated as a result of puncturing and draining the
aerosol can is subject to all applicable requirements of 35 Ill. Adm. Code 702,
703, 705, and 720 through 728. The handler is considered the generator of the
hazardous waste and is subject to 35 Ill. Adm. Code 722.
F) If the small quantity handler determines
that the contents are nonhazardous, the handler may manage the waste in any way
that is in compliance with applicable federal, State, or local solid waste
regulations.
G) The small quantity
handler must have a written procedure in place in the event of a spill or leak
and must provide a spill clean-up kit. The small quantity handler must promptly
clean up all spills or leaks of the contents of the aerosol cans.
Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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