35 Ill. Adm. Code 722.111
Hazardous Waste Determination
Section 722
Section 722.111 Hazardous
Waste Determination
A person that generates a solid
waste, as defined in 35 Ill. Adm. Code 721.102, must make an accurate
determination as to whether that waste is a hazardous waste to ensure that the
waste is properly managed according to applicable RCRA regulations. A
hazardous waste determination is made using the following steps:
a) The
hazardous waste determination for each solid waste must be made at the point of
waste generation, before any dilution, mixing, or other alteration of the waste
occurs, and at any time in the course of its management that it has, or may
have, changed its properties as a result of exposure to the environment or
other factors that may change the properties of the waste such that the RCRA
classification of the waste may change.
b) The person must determine whether the solid waste is excluded
from regulation under 35 Ill. Adm. Code 721.104.
c) If the waste is not excluded under 35 Ill. Adm. Code 721.104,
the person must then use knowledge of the waste to determine whether the waste meets
any of the listing descriptions under Subpart D of 35 Ill. Adm. Code 721.
Acceptable knowledge that may be used in making an accurate determination as to
whether the waste is listed may include waste origin, composition, the process
producing the waste, feedstock, and other reliable and relevant information. If
a waste is listed, the person may file a delisting petition under 35 Ill. Adm.
Code 720.120 and 720.122 to demonstrate to the Administrator that the waste
from this particular site or operation is not a hazardous waste.
d) The
person then must also determine whether the waste exhibits one or more
hazardous characteristics, as identified in Subpart C of 35 Ill. Adm. Code 721,
by following the procedures in subsection (d)(1) or (d)(2), or a combination of
both.
1) The
person must apply knowledge of the hazard characteristic of the waste in light
of the materials or the processes used to generate the waste. Acceptable
knowledge may include process knowledge (e.g.,
information about
chemical feedstocks and other inputs to the production process); knowledge of
products, by-products, and intermediates produced by the manufacturing process;
chemical or physical characterization of wastes; information on the chemical
and physical properties of the chemicals used or produced by the process or
otherwise contained in the waste; testing that illustrates the properties of
the waste; or other reliable and relevant information about the properties of
the waste or its constituents. A test other than a test method in Subpart C of
35 Ill. Adm. Code 721, or an equivalent test method approved by the Agency or
the Board under 35 Ill. Adm. Code 720.121, may be used as part of a person's
knowledge to determine whether a solid waste exhibits a characteristic of
hazardous waste. However, the tests do not, by themselves, provide definitive
results. Persons testing their waste must obtain a representative sample of
the waste for the testing, as defined at 35 Ill. Adm. Code 720.110.
2) When
available knowledge is inadequate to make an accurate determination, the person
must test the waste according to the applicable methods in Subpart C of 35 Ill.
Adm. Code 721 or according to an equivalent method approved by the
Administrator under 35 Ill. Adm. Code 720.121 and complying with the following:
A) A
persons testing its waste must obtain a representative sample of the waste for
the testing, as defined at 35 Ill. Adm. Code 720.110.
B) Where
a test method is specified in Subpart C of 35 Ill. Adm. Code 721, the results
of the regulatory test, when properly performed, are definitive for determining
the regulatory status of the waste.
e) If the generator determines that the waste is hazardous, the
generator must refer to 35 Ill. Adm. Code 721, 724 through 728, and 733 for
possible exclusions or restrictions pertaining to the management of the
specific waste.
f)
Recordkeeping for SQGs and LQGs
. A SQG or
LQG must maintain records supporting its hazardous waste determinations,
including records that identify whether a solid waste is a hazardous waste, as
defined by 35 Ill. Adm. Code 721.103. Records must be maintained for at least
three years from the date that the waste was last sent to on-site or off-site
treatment, storage, or disposal. These records must comprise the generator's
knowledge of the waste and support the generator's determination, as described
at subsections (c) and (d). The records must include the following types of
information: the results of any tests, sampling, waste analyses, or other
determinations made in compliance with this Section; records documenting the
tests, sampling, and analytical methods used to demonstrate the validity and
relevance of the tests; records consulted in order to determine the process by
which the waste was generated, the composition of the waste, and the properties
of the waste; and records which explain the knowledge basis for the generator's
determination, as described at subsection (d)(1). The periods of record
retention referred to in this Section are extended automatically during 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 (f) is subject to Board
review under Section 40 of the Act.
g)
Identifying USEPA Hazardous Waste Numbers for
SQGs and LQGs
. Consistent with subsection (d), if the waste is determined
to be hazardous, SQGs and LQGs must identify all applicable USEPA hazardous
waste numbers in Subparts C and D of 35 Ill. Adm. Code 721. Prior to shipping
the waste off site, the generator also must mark its containers with all
applicable USEPA hazardous waste numbers (USEPA hazardous waste numbers)
according to 35 Ill. Adm. Code 722.132.