Section 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.

(Source:  Amended at 42 Ill. Reg. 24924, effective November 19, 2018)