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 in order 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 set forth 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, such 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 set forth 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 in accordance 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, but are not limited to, the following types of
information: the results of any tests, sampling, waste analyses, or other
determinations made in accordance with this Section; records documenting the
tests, sampling, and analytical methods used to demonstrate the validity and
relevance of such 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 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 (f) is subject to Board review pursuant to Section 40 of
the Act.
g) Identifying
USEPA Hazardous Waste Numbers for SQGs and LQGs. 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.