Section 721.101  Purpose and Scope

a)         This Part identifies those solid wastes that are subject to regulation as hazardous wastes under 35 Ill. Adm. Code 702, 703, and 722 through 728, and which are subject to the notification requirements of section 3010 of  RCRA (42 USC 6930).  In this Part:

1)         Subpart A defines the terms "solid waste" and "hazardous waste", identifies those wastes that are excluded from regulation under 35 Ill. Adm. Code 702, 703, and 722 through 728, and establishes special management requirements for hazardous waste produced by VSQGs and hazardous waste that is recycled.

2)         Subpart B sets forth the criteria used to identify characteristics of hazardous waste and to list particular hazardous wastes.

3)         Subpart C identifies characteristics of hazardous wastes.

4)         Subpart D lists particular hazardous wastes.

b)         Limitations on Definition of Solid Waste

1)         The definition of solid waste contained in this Part applies only to wastes that also are hazardous for purposes of the regulations implementing Subtitle C of RCRA.  For example, it does not apply to materials (such as non-hazardous scrap, paper, textiles or rubber) that are not otherwise hazardous wastes and that are recycled.

2)         This Part identifies only some of the materials that are solid wastes and hazardous wastes under Sections 1004(5), 1004(27) and 7003 of RCRA. A material that is not defined as a solid waste in this Part, or is not a hazardous waste identified or listed in this Part, is still a hazardous waste for purposes of those Sections if, in the case of Section 7003 of RCRA, the statutory elements are established.

c)         For the purposes of Sections 721.102 and 721.106 the following definitions apply:

1)         A "spent material" is any material that has been used and as a result of contamination can no longer serve the purpose for which it was produced without processing.

2)         "Sludge" has the same meaning used in 35 Ill. Adm. Code 720.110.

3)         A "by-product" is a material that is not one of the primary products of a production process and is not solely or separately produced by the production process.  Examples are process residues such as slags or distillation column bottoms.  The term does not include a co-product that is produced for the general public's use and is ordinarily used in the form it is produced by the process.

4)         A material is "reclaimed" if it is processed to recover a usable product, or if it is regenerated.  Examples are recovery of lead values from spent batteries and regeneration of spent solvents.  In addition, for purposes of Section 721.104(a)(23) and (a)(24) smelting, melting, and refining furnaces are considered to be solely engaged in metals reclamation if the metal recovery from the hazardous secondary materials meets the same requirements as those specified for metals recovery from hazardous waste found in 35 Ill. Adm. Code 726.200(d)(1) through (d)(3), and if the residuals meet the requirements specified in 35 Ill. Adm. Code 726.212.

5)         A material is "used or reused" if either of the following is true:

A)        It is employed as an ingredient (including use as an intermediate) in an industrial process to make a product (for example, distillation bottoms from one process used as feedstock in another process).  However, a material will not satisfy this condition if distinct components of the material are recovered as separate end products (as when metals are recovered from metal-containing secondary materials); or

B)        It is employed in a particular function or application as an effective substitute for a commercial product (for example, spent pickle liquor used as phosphorus precipitant and sludge conditioner in wastewater treatment).

6)         "Scrap metal" is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, or wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, or railroad box cars) that when worn or superfluous can be recycled.

7)         A material is "recycled" if it is used, reused, or reclaimed.

8)         A material is "accumulated speculatively" if it is accumulated before being recycled.  A material is not accumulated speculatively, however, if the person accumulating it can show that the material is potentially recyclable and has a feasible means of being recycled; and that, during the calendar year (commencing on January 1), the amount of material that is recycled, or transferred to a different site for recycling, equals at least 75 percent by weight or volume of the amount of that material accumulated at the beginning of the period.  Materials must be placed in a storage unit with a label indicating the first date that the material began to be accumulated.  If placing a label on the storage unit is not practicable, the accumulation period must be documented through an inventory log or other appropriate method.  In calculating the percentage of turnover, the 75 percent requirement is to be applied to each material of the same type (e.g., slags from a single smelting process) that is recycled in the same way (i.e., from which the same material is recovered or that is used in the same way).  Materials accumulating in units that would be exempt from regulation under Section 721.104(c) are not to be included in making the calculation.  Materials that are already defined as solid wastes also are not to be included in making the calculation. Materials are no longer in this category once they are removed from accumulation for recycling, however.

BOARD NOTE:  Various segments of this Part and 35 Ill. Adm. Code 720 use the verbal phrase "accumulated speculatively" and the noun phrase "speculative accumulation".  Some of those segments rely on this subsection (c)(8) definition of "speculatively accumulated" for definition of the "speculative accumulation".  The Board infers that USEPA intends that the verb phrase define the noun phrase:  material that is accumulated speculatively is the subject of speculative accumulation.

9)         "Excluded scrap metal" is processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.

10)         "Processed scrap metal" is scrap metal that has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials.  Processed scrap metal includes, but is not limited to, scrap metal that has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (i.e., sorted), and fines, drosses and related materials that have been agglomerated. (Note:  shredded circuit boards being sent for recycling are not considered processed scrap metal.  They are covered under the exclusion from the definition of solid waste for shredded circuit boards being recycled (Section 721.104(a)(14))).

11)         "Home scrap metal" is scrap metal as generated by steel mills, foundries, and refineries, such as turnings, cuttings, punchings, and borings.

12)         "Prompt scrap metal" is scrap metal as generated by the metal working/fabrication industries, and it includes such scrap metal as turnings, cuttings, punchings, and borings.  Prompt scrap metal is also known as industrial or new scrap metal.

d)         The Agency has inspection authority pursuant to Section 3007 of RCRA and Section 4 of the Environmental Protection Act.

e)         Electronic reporting.  The filing of any document pursuant to any provision of this Part as an electronic document is subject to 35 Ill. Adm. Code 720.104.

BOARD NOTE:  Subsection (e) is derived from 40 CFR 3, 271.10(b), 271.11(b), and 271.12(h) (2017).

(Source:  Amended at 42 Ill. Reg. 21673, effective November 19, 2018)