Ill. Admin. Code tit. 35, § 720.121 - Alternative Equivalent Testing Methods
a) The Agency has no authority to alter the
universe of regulated wastes. Modification of testing methods that are stated
in 35 Ill. Adm. Code 721 requires rulemaking pursuant to Section
720.120.
However, deviation from these methods is allowed under 35 Ill. Adm. Code 721,
as observed, for example, in the Board Note appended to 35 Ill. Adm. Code
721.120(c).
b) The Agency may approve alternative
equivalent testing methods for a particular person's use to determine whether
specified waste streams are subject to these regulations. This must be done by
permit condition or letter. Any petition to the Board or request to the Agency
concerning alternative equivalent testing methods must include the information
required by
40 CFR
260.21(b), incorporated by
reference in 35 Ill. Adm. Code
720.111(b).
c) The testing methods specified in 35 Ill.
Adm. Code 721 or alternative equivalent testing methods approved by the Agency
need not be applied to identify or distinguish waste streams that are known,
admitted, or assumed to be subject to these regulations. In this case, any
method may be used, subject to the Agency's authority to approve the testing
procedures used .
d) If USEPA
amends the federal regulations to allow the use of a new testing method, USEPA
has stated that it will incorporate the new method by reference in
40 CFR
260.11 and add it to "Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods", USEPA publication number
EPA-530/SW-846, incorporated by reference in Section
720.111(b).
e) Alternative equivalent testing methods
will not be approved if the result of the approval would make the Illinois RCRA
Subtitle C program less than substantially equivalent to the federal.
Notes
Amended at 30 Ill. Reg. 2930, effective February 23, 2006
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