TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 721 IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A: GENERAL PROVISIONS
Section 721.101 Purpose and Scope
Section 721.102 Definition of Solid Waste
Section 721.103 Definition of Hazardous Waste
Section 721.104 Exclusions
Section 721.105 Special Requirements for Hazardous Waste Generated by Small Quantity Generators (Repealed)
Section 721.106 Requirements for Recyclable Materials
Section 721.107 Residues of Hazardous Waste in Empty Containers
Section 721.108 PCB Wastes Regulated under TSCA
Section 721.109 Requirements for Universal Waste
SUBPART B: CRITERIA FOR IDENTIFYING THE CHARACTERISTICS OF HAZARDOUS WASTE AND FOR LISTING HAZARDOUS WASTES
Section 721.110 Criteria for Identifying the Characteristics of Hazardous Waste
Section 721.111 Criteria for Listing Hazardous Waste
SUBPART C: CHARACTERISTICS OF HAZARDOUS WASTE
Section 721.120 General
Section 721.121 Characteristic of Ignitability
Section 721.122 Characteristic of Corrosivity
Section 721.123 Characteristic of Reactivity
Section 721.124 Toxicity Characteristic
SUBPART D: LISTS OF HAZARDOUS WASTE
Section 721.130 General
Section 721.131 Hazardous Wastes from Nonspecific Sources
Section 721.132 Hazardous Waste from Specific Sources
Section 721.133 Discarded Commercial Chemical Products, Off-Specification Species, Container Residues, and Spill Residues Thereof
Section 721.135 Wood Preserving Wastes
SUBPART E: EXCLUSIONS AND EXEMPTIONS
Section 721.138 Exclusion of Comparable Fuel and Syngas Fuel (Repealed)
Section 721.139 Conditional Exclusion for Used, Broken CRTs and Processed CRT Glass Undergoing Recycling
Section 721.140 Conditional Exclusion for Used, Intact CRTs Exported for Recycling
Section 721.141 Notification and Recordkeeping for Used, Intact CRTs Exported for Reuse
SUBPART H: FINANCIAL REQUIREMENTS FOR MANAGEMENT OF EXCLUDED HAZARDOUS SECONDARY MATERIALS
Section 721.240 Applicability
Section 721.241 Definitions of Terms as Used in This Subpart
Section 721.242 Cost Estimate
Section 721.243 Financial Assurance Condition
Section 721.247 Liability Requirements
Section 721.248 Incapacity of Owners or Operators, Guarantors, or Financial Institutions
Section 721.249 Use of State-Required Mechanisms
Section 721.250 State Assumption of Responsibility
Section 721.251 Wording of the Instruments
SUBPART I: USE AND MANAGEMENT OF CONTAINERS
Section 721.270 Applicability
Section 721.271 Condition of Containers
Section 721.272 Compatibility of Hazardous Secondary Materials with Containers
Section 721.273 Management of Containers
Section 721.275 Secondary Containment
Section 721.276 Special Requirements for Ignitable or Reactive Hazardous Secondary Material
Section 721.277 Special Requirements for Incompatible Materials
Section 721.279 Air Emission Standards
SUBPART J: TANK SYSTEMS
Section 721.290 Applicability
Section 721.291 Assessment of Existing Tank System's Integrity
Section 721.293 Containment and Detection of Releases
Section 721.294 General Operating Requirements
Section 721.296 Response to Leaks or Spills and Disposition of Leaking or Unfit-for-Use Tank Systems
Section 721.297 Termination of Remanufacturing Exclusion
Section 721.298 Special Requirements for Ignitable or Reactive Materials
Section 721.299 Special Requirements for Incompatible Materials
Section 721.300 Air Emission Standards
SUBPART M: EMERGENCY PREPAREDNESS AND RESPONSE FOR MANAGEMENT OF EXCLUDED HAZARDOUS SECONDARY MATERIALS
Section 721.500 Applicability
Section 721.510 Preparedness and Prevention
Section 721.511 Emergency Procedures for Facilities Generating or Accumulating 6,000 kg or Less of Hazardous Secondary Material
Section 721.520 Contingency Planning and Emergency Procedures for Facilities Generating or Accumulating More Than 6,000 kg of Hazardous Secondary Material
SUBPART AA: AIR EMISSION STANDARDS FOR PROCESS VENTS
Section 721.930 Applicability
Section 721.931 Definitions
Section 721.932 Standards: Process Vents
Section 721.933 Standards: Closed-Vent Systems and Control Devices
Section 721.934 Test Methods and Procedures
Section 721.935 Recordkeeping Requirements
SUBPART BB: AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS
Section 721.950 Applicability
Section 721.951 Definitions
Section 721.952 Standards: Pumps in Light Liquid Service
Section 721.953 Standards: Compressors
Section 721.954 Standards: Pressure Relief Devices in Gas/Vapor Service
Section 721.955 Standards: Sampling Connection Systems
Section 721.956 Standards: Open-Ended Valves or Lines
Section 721.957 Standards: Valves in Gas/Vapor Service or in Light Liquid Service
Section 721.958 Standards: Pumps and Valves in Heavy Liquid Service, Pressure Relief Devices in Light Liquid or Heavy Liquid Service, and Flanges and Other Connectors
Section 721.959 Standards: Delay of Repair
Section 721.960 Standards: Closed-Vent Systems and Control Devices
Section 721.961 Alternative Standards for Valves in Gas/Vapor Service or in Light Liquid Service: Percentage of Valves Allowed to Leak
Section 721.962 Alternative Standards for Valves in Gas/Vapor Service or in Light Liquid Service: Skip Period Leak Detection and Repair
Section 721.963 Test Methods and Procedures
Section 721.964 Recordkeeping Requirements
SUBPART CC: AIR EMISSION STANDARDS FOR TANKS AND CONTAINERS
Section 721.980 Applicability
Section 721.981 Definitions
Section 721.982 Standards: General
Section 721.983 Material Determination Procedures
Section 721.984 Standards: Tanks
Section 721.986 Standards: Containers
Section 721.987 Standards: Closed-Vent Systems and Control Devices
Section 721.988 Inspection and Monitoring Requirements
Section 721.989 Recordkeeping Requirements
Section 721.APPENDIX A Representative Sampling Methods
Section 721.APPENDIX B Method 1311 Toxicity Characteristic Leaching Procedure (TCLP) (Repealed)
Section 721.APPENDIX C Chemical Analysis Test Methods (Repealed)
Section 721.TABLE A Analytical Characteristics of Organic Chemicals (Repealed)
Section 721.TABLE B Analytical Characteristics of Inorganic Species (Repealed)
Section 721.TABLE C Sample Preparation/Sample Introduction Techniques (Repealed)
Section 721.APPENDIX G Basis for Listing Hazardous Wastes
Section 721.APPENDIX H Hazardous Constituents
Section 721.APPENDIX I Wastes Excluded by Administrative Action
Section 721.TABLE A Wastes Excluded by USEPA pursuant to 40 CFR 260.20 and 260.22 from Non-Specific Sources
Section 721.TABLE B Wastes Excluded by USEPA pursuant to 40 CFR 260.20 and 260.22 from Specific Sources
Section 721.TABLE C Wastes Excluded by USEPA pursuant to 40 CFR 260.20 and 260.22 from Commercial Chemical Products, Off-Specification Species, Container Residues, and Soil Residues Thereof
Section 721.TABLE D Wastes Excluded by the Board by Adjusted Standard
Section 721.APPENDIX J Method of Analysis for Chlorinated Dibenzo-p-Dioxins and Dibenzofurans (Repealed)
Section 721.APPENDIX Y Table to Section 721.138: Maximum Contaminant Concentration and Minimum Detection Limit Values for Comparable Fuel Specification (Repealed)
Section 721.APPENDIX Z Table to Section 721.102: Recycled Materials That Are Solid Waste
AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the Environmental Protection Act [415 ILCS 5/7.2, 22.4, and 27].
SOURCE: Adopted in R81-22 at 5 Ill. Reg. 9781, effective May 17, 1982; amended and codified in R81-22 at 6 Ill. Reg. 4828, effective May 17, 1982; amended in R82-18 at 7 Ill. Reg. 2518, effective February 22, 1983; amended in R82-19 at 7 Ill. Reg. 13999, effective October 12, 1983; amended in R84-34, 61 at 8 Ill. Reg. 24562, effective December 11, 1984; amended in R84-9 at 9 Ill. Reg. 11834, effective July 24, 1985; amended in R85-22 at 10 Ill. Reg. 998, effective January 2, 1986; amended in R85-2 at 10 Ill. Reg. 8112, effective May 2, 1986; amended in R86-1 at 10 Ill. Reg. 14002, effective August 12, 1986; amended in R86-19 at 10 Ill. Reg. 20647, effective December 2, 1986; amended in R86-28 at 11 Ill. Reg. 6035, effective March 24, 1987; amended in R86-46 at 11 Ill. Reg. 13466, effective August 4, 1987; amended in R87-32 at 11 Ill. Reg. 16698, effective September 30, 1987; amended in R87-5 at 11 Ill. Reg. 19303, effective November 12, 1987; amended in R87-26 at 12 Ill. Reg. 2456, effective January 15, 1988; amended in R87-30 at 12 Ill. Reg. 12070, effective July 12, 1988; amended in R87-39 at 12 Ill. Reg. 13006, effective July 29, 1988; amended in R88-16 at 13 Ill. Reg. 382, effective December 27, 1988; amended in R89-1 at 13 Ill. Reg. 18300, effective November 13, 1989; amended in R90-2 at 14 Ill. Reg. 14401, effective August 22, 1990; amended in R90-10 at 14 Ill. Reg. 16472, effective September 25, 1990; amended in R90-17 at 15 Ill. Reg. 7950, effective May 9, 1991; amended in R90-11 at 15 Ill. Reg. 9332, effective June 17, 1991; amended in R91-1 at 15 Ill. Reg. 14473, effective September 30, 1991; amended in R91-12 at 16 Ill. Reg. 2155, effective January 27, 1992; amended in R91-26 at 16 Ill. Reg. 2600, effective February 3, 1992; amended in R91-13 at 16 Ill. Reg. 9519, effective June 9, 1992; amended in R92-1 at 16 Ill. Reg. 17666, effective November 6, 1992; amended in R92-10 at 17 Ill. Reg. 5650, effective March 26, 1993; amended in R93-4 at 17 Ill. Reg. 20568, effective November 22, 1993; amended in R93-16 at 18 Ill. Reg. 6741, effective April 26, 1994; amended in R94-7 at 18 Ill. Reg. 12175, effective July 29, 1994; amended in R94-17 at 18 Ill. Reg. 17490, effective November 23, 1994; amended in R95-6 at 19 Ill. Reg. 9522, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 10963, effective August 1, 1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 275, effective December 16, 1997; amended in R98-12 at 22 Ill. Reg. 7615, effective April 15, 1998; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17531, effective September 28, 1998; amended in R98-21/R99-2/R99-7 at 23 Ill. Reg. 1718, effective January 19, 1999; amended in R99-15 at 23 Ill. Reg. 9135, effective July 26, 1999; amended in R00-13 at 24 Ill. Reg. 9481, effective June 20, 2000; amended in R01-3 at 25 Ill. Reg. 1281, effective January 11, 2001; amended in R01-21/R01-23 at 25 Ill. Reg. 9108, effective July 9, 2001; amended in R02-1/R02-12/R02-17 at 26 Ill. Reg. 6584, effective April 22, 2002; amended in R03-18 at 27 Ill. Reg. 12760, effective July 17, 2003; amended in R04-16 at 28 Ill. Reg. 10693, effective July 19, 2004; amended in R05-8 at 29 Ill. Reg. 6003, effective April 13, 2005; amended in R06-5/R06-6/R06-7 at 30 Ill. Reg. 2992, effective February 23, 2006; amended in R06-16/R06-17/R06-18 at 31 Ill. Reg. 791, effective December 20, 2006; amended in R07-5/R07-14 at 32 Ill. Reg. 11786, effective July 14, 2008; amended in R09-3 at 33 Ill. Reg. 986, effective December 30, 2008; amended in R09-16/R10-4 at 34 Ill. Reg. 18611, effective November 12, 2010; amended in R11-2/R11-16 at 35 Ill. Reg. 17734, effective October 14, 2011; amended in R13-5 at 37 Ill. Reg. 3213, effective March 4, 2013; amended in R14-13 at 38 Ill. Reg. 12442, effective May 27, 2014; amended in R15-1 at 39 Ill. Reg. 1607, effective January 12, 2015; amended in R16-7 at 40 Ill. Reg. 11367, effective August 9, 2016; amended in R17-14/R17-15/R18-12/R18-31 at 42 Ill. Reg. 21673, effective November 19, 2018; amended in R19-3 at 43 Ill. Reg. 496, effective December 6, 2018; amended in R19-11 at 43 Ill. Reg. 5884, effective May 2, 2019; amended in R20-8/R20-16 at 44 Ill. Reg. 15142, effective September 3, 2020; amended in R21-13, R22-13, R24-4 at 48 Ill. Reg. 9827, effective June 20, 2024; amended in R24-12 at 48 Ill. Reg. 16813, effective November 7, 2024; amended in R25-22 at 49 Ill. Reg. 11375, effective August 27, 2025; amended in R25-23 at 49 Ill. Reg. 12715, effective September 23, 2025.
SUBPART A: GENERAL PROVISIONS
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 that 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 that is recycled.
2) Subpart B specifies the criteria used to identify characteristics of hazardous waste and to list 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 the regulations implementing Subtitle C of RCRA. For example, it does not apply to materials (like 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 under those Sections if, in the case of Section 7003 of RCRA, the statutory elements are established.
c) For Sections 721.102 and 721.106, the following definitions apply:
1) A "spent material" is any material that has been used and because 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 like 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 recovering lead values from spent batteries and regenerating spent solvents. In addition, for 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 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:
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 meet 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 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 defining "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 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, like turnings, cuttings, punchings, and borings.
12) "Prompt scrap metal" is scrap metal as generated by the metal working/fabrication industries, and it includes scrap metal like turnings, cuttings, punchings, and borings. Prompt scrap metal is also known as industrial or new scrap metal.
d) The Agency has inspection authority under Section 3007 of RCRA and Section 4 of the Act.
e) Electronic reporting. The filing of any document under 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 48 Ill. Reg. 16813, effective November 7, 2024)
