il-v50i40-35-ill-adm-code-726: 35 Ill. Adm. Code 726 — Standards for the Management of Specific Hazardous Waste and Specific Types of Hazardous Waste Management Facilities

1) Heading of the Part: Standards for the Management of Specific Hazardous Waste and Specific Types of Hazardous Waste Management Facilities 2) Code Citation: 35 Ill. Adm. Code 726 3) Section Numbers: Adopted Actions: 726.700 New Section 726.701 New Section 726.702 New Section 4) Statutory Authority: Implementing Sections 7.2 and 22.4 authorized by Section 27 of the Environmental Protection Act [415 ILCS 5/7.2, 22.4, and 27]. 5) Effective Date of Rule: September 17, 2026 6) Does this rulemaking contain an automatic repeal date? No 7) Does this rulemaking contain incorporations by reference? No 8) Statement of Availability: The adopted amendments are available on the Board's website (https://pcb.illinois.gov/) and is also on file and available for public inspection in the Board's Chicago office, 60 E. Van Buren, Suite 630, Chicago, IL 60605. 9) Notice of Proposal Published in Illinois Register: 50 Ill. Reg. 6371, May 8, 2026 10) Has JCAR issued a Statement of Objections to this rulemaking? Section 22.4(a) of the Environmental Protection Act [415 ILCS 5/22.4(a)] provides that Section 5-35 of the Administrative Procedure Act [5 ILCS 100/5-35] does not apply to this rulemaking. Because this rulemaking is not subject to Section 5-35 of the APA, it is not subject to First Notice or to Second Notice review by the Joint Committee on Administrative Rules (JCAR). 11) Differences between proposal and final version: Table of Contents 726.702, delete "under this Subpart" 726.700 b), change "Sections" to "35 Ill. Adm. Code" and change "Section" to "35 Ill. Adm. Code" POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS 726.700 c), change "Sections" to "35 Ill. Adm. Code" 726.701 b, change "Section" to "35 Ill. Adm. Code" 726.701 c), change "Section" to "35 Ill. Adm. Code" twice 726.702 heading, change "Resuse" to "Reuse" and delete "under this Subpart" 726.702 a)2), change "Section" to "35 Ill. Adm. Code" 726.702 b)2), change "Section" to "35 Ill. Adm. Code" 726.702 b)3), change "Section" to "35 Ill. Adm. Code" 726.702 c)2), change "Section" to "35 Ill. Adm. Code" 726.702 c)3), change "Section" to "35 Ill. Adm. Code" 12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the agreements letter issued by JCAR? Section 22.4(a) of the Environmental Protection Act [415 ILCS 5/22.4(a)] provides that Section 5-35 of the Administrative Procedure Act [5 ILCS 100/5-35] does not apply to this rulemaking. Because this rulemaking is not subject to Section 5-35 of the APA, it is not subject to First Notice or to Second Notice review by JCAR. But the Board did adopt changes requested by JCAR in public comment. 13) Will this rulemaking replace an emergency rule currently in effect? No 14) Are there any other rulemakings pending on this Part? No 15) Summary and Purpose of Rulemaking: The adopted amendments include United States Environmental Protection Agency (USEPA) updates to Subtitle C of the Resource Conservation and Recovery Act (RCRA) and additional, limited non-substantive corrections identified by the Board. The following federal updates were included in the amendments. July 26, 2024 (89 Fed. Reg. 60692): The USEPA finalized amendments to the hazardous waste manifest regulations, and the hazardous waste electronic manifest (e-Manifest) regulations under the Resource Conservation and Recovery Act (RCRA) to increase POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS utility of the e-Manifest system in delivering benefits to reduce administrative burden and improve tracking of hazardous waste shipments, and to various related regulations. October 11, 2024 (89 Fed. Reg. 82682): USEPA established alternative RCRA standards for certain ignitable spent refrigerants being recycled for reuse. October 31, 2024 (89 Fed. Reg. 86758): USEPA made four minor corrections to the final rule that appeared in the Federal Register on July 26, 2024. December 11,2024 (89 Fed. Reg. 99727): The USEPA withdrew five amendments from its December 6, 2023, final rule revisions to the 2016 Hazardous Waste Generator Improvements Rule, the 2019 Hazardous Waste Pharmaceuticals Rule and the 2018 Vacatur of the Definition of Solid Waste Rule (88 FR 54086). 16) Information and questions regarding this adopted rulemaking shall be directed to: Please reference docket R25-12 and direct inquiries to the following person: Don A. Brown, Clerk Illinois Pollution Control Board 60 E Van Buren St., Suite 630 Chicago, IL 60605 312-814-3620 don.brown@illinois.gov Request copies of the Board's opinion and order at 312-814-3620 or download a copy from the Board's Website at https://pcb.illinois.gov/. Please refer to docket number R25- 12 in your request. The full text of the Adopted Amendments begins on the next page: POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS PART 726 STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTE AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES SUBPART A: GENERAL Section 726.102 Electronic Reporting SUBPART C: RECYCLABLE MATERIALS USED IN A MANNER CONSTITUTING DISPOSAL Section 726.120 Applicability 726.121 Standards Applicable to Generators and Transporters of Materials Used in a Manner that Constitutes Disposal 726.122 Standards Applicable to Storers, Who Are Not the Ultimate Users, of Materials that Are To Be Used in a manner that Constitutes Disposal 726.123 Standards Applicable to Users of Materials that Are Used in a Manner that Constitutes Disposal SUBPART D: HAZARDOUS WASTE BURNED FOR ENERGY RECOVERY Section 726.130 Applicability (Repealed) 726.131 Prohibitions (Repealed) 726.132 Standards applicable to generators of hazardous waste fuel (Repealed) 726.133 Standards applicable to transporters of hazardous waste fuel (Repealed) 726.134 Standards applicable to marketers of hazardous waste fuel (Repealed) 726.135 Standards applicable to burners of hazardous waste fuel (Repealed) 726.136 Conditional exemption for spent materials and by-products exhibiting a characteristic of hazardous waste (Repealed) SUBPART E: USED OIL BURNED FOR ENERGY RECOVERY Section 726.140 Applicability (Repealed) 726.141 Prohibitions (Repealed) 726.142 Standards applicable to generators of used oil burned for energy recovery (Repealed) 726.143 Standards applicable to marketers of used oil burned for energy recovery (Repealed) 726.144 Standards applicable to burners of used oil burned for energy recovery (Repealed) SUBPART F: RECYCLABLE MATERIALS UTILIZED FOR PRECIOUS METAL RECOVERY Section 726.170 Applicability and Requirements SUBPART G: SPENT LEAD-ACID BATTERIES BEING RECLAIMED Section 726.180 Applicability and Requirements SUBPART H: HAZARDOUS WASTE BURNED IN BOILERS AND INDUSTRIAL FURNACES Section 726.200 Applicability 726.201 Management Prior to Burning 726.202 Permit Standards for Burners 726.203 Interim Status Standards for Burners 726.204 Standards to Control Organic Emissions 726.205 Standards to Control PM 726.206 Standards to Control Metals Emissions 726.207 Standards to Control HCl and Chlorine Gas Emissions 726.208 Small Quantity On-Site Burner Exemption 726.209 Low Risk Waste Exemption 726.210 Waiver of DRE Trial Burn for Boilers 726.211 Standards for Direct Transfer 726.212 Regulation of Residues 726.219 Extensions of Time POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS SUBPART M: MILITARY MUNITIONS Section 726.300 Applicability 726.301 Definitions 726.302 Definition of Solid Waste 726.303 Standards Applicable to the Transportation of Solid Waste Military Munitions 726.304 Standards Applicable to Emergency Responses 726.305 Standards Applicable to the Storage of Solid Waste Military Munitions 726.306 Standards Applicable to the Treatment and Disposal of Waste Military Munitions SUBPART N: CONDITIONAL EXEMPTION FOR LOW-LEVEL MIXED WASTE STORAGE, TREATMENT, TRANSPORTATION AND DISPOSAL Section 726.310 Definitions 726.320 Storage and Treatment Conditional Exemption 726.325 Wastes Eligible for a Storage and Treatment Conditional Exemption for Low- Level Mixed Waste 726.330 Conditions to Qualify for and Maintain a Storage and Treatment Conditional Exemption 726.335 Treatment Allowed by a Storage and Treatment Conditional Exemption 726.340 Loss of a Storage and Treatment Conditional Exemption and Required Action 726.345 Reclaiming a Lost Storage and Treatment Conditional Exemption 726.350 Recordkeeping for a Storage and Treatment Conditional Exemption 726.355 Waste No Longer Eligible for a Storage and Treatment Conditional Exemption 726.360 Applicability of Closure Requirements to Storage Units 726.405 Transportation and Disposal Conditional Exemption 726.410 Wastes Eligible for a Transportation and Disposal Conditional Exemption 726.415 Conditions to Qualify for and Maintain a Transportation and Disposal Conditional Exemption 726.420 Treatment Standards for Eligible Waste 726.425 Applicability of the Manifest and Transportation Condition 726.430 Effectiveness of a Transportation and Disposal Exemption 726.435 Disposal of Exempted Waste 726.440 Containers Used for Disposal of Exempted Waste 726.445 Notification 726.450 Recordkeeping for a Transportation and Disposal Conditional Exemption POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS 726.455 Loss of a Transportation and Disposal Conditional Exemption and Required Action 726.460 Reclaiming a Lost Transportation and Disposal Conditional Exemption SUBPART P: HAZARDOUS WASTE PHARMACEUTICALS Section 726.600 Definitions 726.601 Applicability 726.602 Standards for Non-Creditable Hazardous Waste Pharmaceuticals 726.603 Standards for Potentially Creditable Hazardous Waste Pharmaceuticals 726.604 Very Small Quantity Generators 726.605 Prohibition Against Sewering 726.606 Conditional Exemptions for Controlled Substances and Household Hazardous Waste Pharmaceuticals 726.607 Residues in Empty Containers 726.608 Shipping from a Healthcare Facility or Reverse Distributor 726.609 Shipping to a Reverse Distributor 726.610 Standards for Reverse Distributors SUBPART Q: IGNITABLE SPENT REFRIGERANTS RECYCLED FOR REUSE 726.700 Purpose and Applicability 726.701 Definitions for this Subpart 726.702 Standards for Ignitable Spent Refrigerant Recycled for Reuse 726.APPENDIX A Tier I and Tier II Feed Rate and Emissions Screening Limits for Metals 726.APPENDIX B Tier I Feed Rate Screening Limits for Total Chlorine 726.APPENDIX C Tier II Emission Rate Screening Limits for Free Chlorine and Hydrogen Chloride 726.APPENDIX D Reference Air Concentrations 726.APPENDIX E Risk-Specific Doses 726.APPENDIX F Stack Plume Rise 726.APPENDIX G Health-Based Limits for Exclusion of Waste-Derived Residues 726.APPENDIX H Potential PICs for Determination of Exclusion of Waste-Derived Residues 726.APPENDIX I Methods Manual for Compliance with BIF Regulations 726.APPENDIX J Guideline on Air Quality Models (Repealed) 726.APPENDIX K Lead-Bearing Materials that May be Processed in Exempt Lead Smelters POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS 726.APPENDIX L Nickel or Chromium-Bearing Materials that May Be Processed in Exempt Nickel-Chromium Recovery Furnaces 726.APPENDIX M Mercury-Bearing Wastes that May Be Processed in Exempt Mercury Recovery Units 726.TABLE A Exempt Quantities for Small Quantity Burner Exemption 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 R85-22 at 10 Ill. Reg. 1162, effective January 2, 1986; amended in R86-1 at 10 Ill. Reg. 14156, effective August 12, 1986; amended in R87-26 at 12 Ill. Reg. 2900, effective January 15, 1988; amended in R89-1 at 13 Ill. Reg. 18606, effective November 13, 1989; amended in R90-2 at 14 Ill. Reg. 14533, effective August 22, 1990; amended in R90-11 at 15 Ill. Reg. 9727, effective June 17, 1991; amended in R91-13 at 16 Ill. Reg. 9858, effective June 9, 1992; amended in R92-10 at 17 Ill. Reg. 5865, effective March 26, 1993; amended in R93-4 at 17 Ill. Reg. 20904, effective November 22, 1993; amended in R94-7 at 18 Ill. Reg. 12500, effective July 29, 1994; amended in R95-4/R95-6 at 19 Ill. Reg. 10006, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 11263, effective August 1, 1996; amended in R96- 10/R97-3/R97-5 at 22 Ill. Reg. 754, effective December 16, 1997; amended in R97-21/R98- 3/R98-5 at 22 Ill. Reg. 18042, effective September 28, 1998; amended in R99-15 at 23 Ill. Reg. 9482, effective July 26, 1999; amended in R00-13 at 24 Ill. Reg. 9853, effective June 20, 2000; amended in R02-1/R02-12/R02-17 at 26 Ill. Reg. 6667, effective April 22, 2002; amended in R03-7 at 27 Ill. Reg. 4200, effective February 14, 2003; amended in R03-18 at 27 Ill. Reg. 12916, effective July 17, 2003; amended in R06-5/R06-6/R06-7 at 30 Ill. Reg. 3700, effective February 23, 2006; amended in R06-16/R06-17/R06-18 at 31 Ill. Reg. 1096, effective December 20, 2006; amended in R07-5/R07-14 at 32 Ill. Reg. 12741, effective July 14, 2008; amended in R11-2/R11-16 at 35 Ill. Reg. 18117, effective October 14, 2011; amended in R13-5 at 37 Ill. Reg. 3249, effective March 4, 2013; amended in R13-15 at 37 Ill. Reg. 17888, effective October 24, 2013; amended in R16-7 at 40 Ill. Reg. 11955, effective August 9, 2016; amended in R17- 14/R17-15/R18-12/R18-31 at 42 Ill. Reg. 23023, effective November 19, 2018; amended in R20- 8/R20-16 at 44 Ill. Reg. 15427, effective September 3, 2020; amended in R21-13, R22-13, R24-4 at 48 Ill. Reg. 9930, effective June 20, 2024; amended in R24-12 at 48 Ill. Reg. 17108, effective November 7, 2024; amended in R25-12 at 50 Ill. Reg. 14988, effective September 17, 2026. SUBPART Q: IGNITABLE SPENT REFRIGERANTS RECYCLED FOR REUSE Section 726.700 Purpose and Applicability POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS a) The purpose of this subpart is to reduce emissions of ignitable spent refrigerants to the lowest achievable level by maximizing the recovery and safe recycling for reuse of such refrigerants during the service, repair, and disposal of appliances. b) The requirements of this subpart operate in lieu of 35 Ill. Adm. Code 703 and 720 through 728 and apply to lower flammability spent refrigerants, as defined in Section 726.701, where the refrigerant exhibits the hazardous waste characteristic of ignitability per 35 Ill. Adm. Code 721.121 and is being recycled for reuse in the United States. c) These requirements do not apply to other ignitable spent refrigerants. Ignitable spent refrigerants not subject to this subpart are subject to all applicable requirements of 35 Ill. Adm. Code 703 and 720 through 728 when recovered (i.e., removed from an appliance and stored in an external container) and/or disposed of. (Source: Added at 50 Ill. Reg. 14988, effective September 17, 2026) Section 726.701 Definitions for this subpart For the purposes of this subpart, the following terms have the meanings given below: a) "Refrigerant" means, for purposes of this subpart, any substance, including blends and mixtures, consisting in part or whole of a class I or class II ozone-depleting substance or substitute that is used for heat transfer purposes and provides a cooling effect. BOARD NOTE: Refrigerant has the same meaning as defined in 40 CFR 82.152. b) "Ignitable spent refrigerant" is a used refrigerant that cannot be reused without first being processed, and that exhibits the hazardous characteristic of ignitability per 35 Ill. Adm. Code 721.121. Used refrigerants that can be legitimately reused without processing are not spent refrigerant. c) "Recycle for reuse" when referring to an ignitable spent refrigerant, means to process the refrigerant to remove contamination and prepare it to be used again. "Recycle for reuse" does not include recycling that involves burning for energy recovery or use in a manner constituting disposal as defined in 35 Ill. Adm. Code 721.102(c) or sham recycling as defined in 35 Ill. Adm. Code 721.102(g). POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS d) "Lower flammability spent refrigerant" means a spent refrigerant that is not considered highly flammable. Highly flammable refrigerants include but are not limited to the following chemicals: butane, isobutane, methane, propane, and/or propylene. (Source: Added at 50 Ill. Reg. 14988, effective September 17, 2026) Section 726.702 Standards for Ignitable Spent Refrigerant Recycled for Reuse a) Persons who recover (i.e., remove from an appliance and store in an external container) and/or recycle ignitable spent refrigerants for reuse either for further use in equipment of the same owner, or in compliance with motor vehicle air conditioner (MVAC) standards in 40 CFR part 82, subpart B, or who send recovered refrigerant off-site to be recycled for reuse must: 1) Recover or recycle for reuse the ignitable spent refrigerant using equipment that is certified for that type of refrigerant and appliance under 40 CFR 82.36 or 40 CFR 82.15; and 2) Not speculatively accumulate the ignitable spent refrigerant per 35 Ill. Adm. Code 721.101 (c). b) Persons who receive ignitable spent refrigerants from off-site, and are not a transfer facility that stores the refrigerants for less than ten (10) days before sending the refrigerant to another site to be recycled for reuse, must: 1) If recovering the refrigerant, recover the ignitable spent refrigerant using equipment that is certified for that type of refrigerant and appliance under 40 CFR 82.36; 2) Meet the applicable emergency preparedness and response requirements of 35 Ill. Adm. Code 721; and 3) Not speculatively accumulate the ignitable spent refrigerant per 35 Ill. Adm. Code 721.101(c). c) Persons receiving ignitable spent refrigerant from off-site to be recycled for reuse under this subpart must: 1) Maintain certification by USEPA under 40 CFR 82.164; 2) Meet the applicable emergency preparedness and response requirements of 35 Ill. Adm. Code 721, subpart M; and 3) Starting with the calendar year beginning January 1, 2029, not speculatively accumulate the ignitable spent refrigerant per 35 Ill. Adm. Code 721.101(c). (Source: Added at 50 Ill. Reg. 14988, effective September 17, 2026)