Ill. Admin. Code tit. 35, § 728.140 - Applicability of Treatment Standards
a) A prohibited waste identified in Table T,
"Treatment Standards for Hazardous Wastes", may be land disposed only if it
meets the requirements found in that Table. For each waste, Table T identifies
one of three types of treatment standard requirements:
1) All hazardous constituents in the waste or
in the treatment residue must be at or below the values found in Table T for
that waste (total waste standards);
2) The hazardous constituents in the extract
of the waste or in the extract of the treatment residue must be at or below the
values found in Table T (waste extract standards); or
3) The waste must be treated using the
technology specified in Table T (technology standard), which is described in
detail in Table C, "Technology Codes and Description of Technology-Based
Standards".
b) For
wastewaters, compliance with concentration level standards is based on maximums
for any one day, except for D004 through D011 wastes for which the previously
promulgated treatment standards based on grab samples remain in effect. For all
nonwastewaters, compliance with concentration level standards is based on grab
sampling. For wastes covered by the waste extract standards, the test 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),
must be used to measure compliance. An exception is made for D004 and D008, for
which either of two test methods may be used: Method 1311 or Method 1310B
(Extraction Procedure Toxicity Test) in "Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods", USEPA publication number EPA-530/SW-846. For
wastes covered by a technology standard, the wastes may be land disposed after
being treated using that specified technology or an equivalent treatment
technology approved by the Agency pursuant to Section
728.142(b).
c) When wastes with differing treatment
standards for a constituent of concern are combined for purposes of treatment,
the treatment residue must meet the lowest treatment standard for the
constituent of concern.
d)
Notwithstanding the prohibitions specified in subsection (a), treatment and
disposal facilities may demonstrate (and certify pursuant to Section
728.107(b)(5)
) compliance with the treatment standards for organic constituents specified by
a footnote in Table T, provided the following conditions are satisfied:
1) The treatment standards for the organic
constituents were established based on incineration in units operated in
accordance with the technical requirements of Subpart O of 35 Ill. Adm. Code
724, or based on combustion in fuel substitution units operating in accordance
with applicable technical requirements;
2) The treatment or disposal facility has
used the methods referenced in subsection (d)(1) to treat the organic
constituents; and
3) The treatment
or disposal facility may demonstrate compliance with organic constituents if
good-faith analytical efforts achieve detection limits for the regulated
organic constituents that do not exceed the treatment standards specified in
this Section and Table T by an order of magnitude.
e) For a characteristic waste (USEPA
hazardous waste number D001 through D043) that is subject to treatment
standards set forth in Table T, "Treatment Standards for Hazardous Wastes", and
the waste is not managed in a wastewater treatment system that is either
regulated under the Clean Water Act (CWA) or one that is CWA-equivalent or the
waste is injected into a Class I non-hazardous deep injection well, all
underlying hazardous constituents (as defined in Section
728.102 ) must meet
the universal treatment standards, set forth in Table U prior to land disposal,
as defined in Section 728.102.
f)
The treatment standards for USEPA hazardous waste numbers F001 through F005
nonwastewater constituents carbon disulfide, cyclohexanone, or methanol apply
to wastes that contain only one, two, or three of these constituents.
Compliance is measured for these constituents in the waste extract from test
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).
If the waste contains any of these three constituents along with any of the
other 25 constituents found in USEPA hazardous waste numbers F001 through F005,
then compliance with treatment standards for carbon disulfide, cyclohexanone,
or methanol are not required.
g)
This subsection (g) corresponds with
40 CFR
268.40(g), which expired by
its own terms on March 4, 1999. This statement maintains structural consistency
with the corresponding federal rules.
h) Prohibited USEPA hazardous waste numbers
D004 through D011, mixed radioactive wastes, and mixed radioactive listed
wastes containing metal constituents that were previously treated by
stabilization to the treatment standards in effect at that time and then put
into storage do not have to be re-treated to meet treatment standards in this
Section prior to land disposal.
i)
This subsection (i) corresponds with
40 CFR
268.40(i), which USEPA has
removed and marked "reserved". This statement maintains structural consistency
with the corresponding federal regulations.
j) The treatment standards for the wastes
specified in 35 Ill. Adm. Code
721.133
as USEPA hazardous waste numbers P185, P191, P192, P197, U364, U394, and U395
may be satisfied by either meeting the constituent concentrations presented in
Table T, "Treatment Standards for Hazardous Wastes", or by treating the waste
by the following technologies: combustion, as defined by the technology code
CMBST at Table C, for nonwastewaters; biodegradation, as defined by the
technology code BIODG; carbon adsorption, as defined by the technology code
CARBN; chemical oxidation, as defined by the technology code CHOXD; or
combustion, as defined as technology code CMBST at Table C, for
wastewaters.
Notes
Amended at 30 Ill. Reg. 3800, effective February 23, 2006
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