Section 703.123  Specific Exclusions and Exemptions from Permit Program

The following persons are among those that are not required to obtain a RCRA permit:

a)         A generator that accumulates hazardous waste on site in compliance with all of the conditions for exemption provided in 35 Ill. Adm. Code 722.114 through 722.117;

b)         A farmer that disposes of hazardous waste pesticides from the farmer's own use, as provided in 35 Ill. Adm. Code 722.170;

c)         A person that owns or operates a facility solely for the treatment, storage, or disposal of hazardous waste excluded from regulations under this Part by 35 Ill. Adm. Code 721.104 or 722.114 (VSQG exemption);

d)         An owner or operator of a totally enclosed treatment facility, as defined in 35 Ill. Adm. Code 720.110;

e)         An owner or operator of an elementary neutralization unit or wastewater treatment unit, as defined in 35 Ill. Adm. Code 720.110;

f)         A transporter that stores manifested shipments of hazardous waste in containers that meet the requirements of 35 Ill. Adm. Code 722.130 at a transfer facility for a period of ten days or less;

g)         A person that adds absorbent material to waste in a container (as defined in 35 Ill. Adm. Code 720.110) or a person that adds waste to absorbent material in a container, provided that these actions occur at the time waste is first placed in the container; and 35 Ill. Adm. Code 724.117(b), 724.271, and 724.272 are complied with; and

h)         A universal waste handler or universal waste transporter (as defined in 35 Ill. Adm. Code 720.110) that manages the wastes listed in subsections (h)(1) through (h)(5). Such a handler or transporter is subject to regulation under 35 Ill. Adm. Code 733.

1)         Batteries, as described in 35 Ill. Adm. Code 733.102;

2)         Pesticides, as described in 35 Ill. Adm. Code 733.103;

3)         Mercury-containing equipment, as described in 35 Ill. Adm. Code 733.104;

4)         Lamps, as described in 35 Ill. Adm. Code 733.105; and

5)         Aerosol cans, as described in 35 Ill. Adm. Code 733.6.

i)          This subsection (i) corresponds with 40 CFR 270.1(c)(2)(ix), which applies only to a facility outside Illinois.  This statement maintains structural consistency with the corresponding USEPA rule.

j)          Reverse Distributors Accumulating Potentially Creditable Hazardous Waste Pharmaceuticals and Evaluated Hazardous Waste Pharmaceuticals, as defined in Section 726.600.  Reverse distributors are subject to regulation under Subpart P of 35 Ill. Adm. Code 726 for the accumulation of potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals.

BOARD NOTE:  Derived from 40 CFR 270.1(c)(2).

(Source:  Amended at 44 Ill. Reg. 15055, effective September 3, 2020)