§720.121. Alternative Equivalent Testing Methods

a)         The Agency has no authority to alter the universe of regulated wastes. Modification of testing methods that are stated in 35 Ill. Adm. Code 721 requires rulemaking pursuant to Section 720.120.  However, deviation from these methods is allowed under 35 Ill. Adm. Code 721, as observed, for example, in the Board Note appended to  35 Ill. Adm. Code 721.120(c).

 

b)         The Agency may approve alternative equivalent testing methods for a particular person's use to determine whether specified waste streams are subject to these regulations.  This must  be done by permit condition or letter.  Any petition to the Board or request to the Agency concerning alternative equivalent testing methods must include the information required by 40 CFR 260.21(b), incorporated by reference in 35 Ill. Adm. Code 720.111(b).

 

c)         The testing methods specified in 35 Ill. Adm. Code 721 or alternative equivalent testing methods approved by the Agency need not  be applied to identify or distinguish waste streams that are known, admitted, or assumed to be subject to these regulations.  In this case, any method may be used, subject to the Agency's authority to approve the  testing procedures used .

 

d)         If USEPA amends the federal regulations to allow the use of a new testing method, USEPA has stated that it will incorporate the new method by reference in 40 CFR 260.11 and add it to "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", USEPA publication number EPA-530/SW-846, incorporated by reference in Section 720.111(b).

 

e)         Alternative equivalent testing methods will not be approved if the result of the approval would make the Illinois RCRA Subtitle C program less than substantially equivalent to the federal.

 

(Source:  Amended at 42 Ill. Reg. 21215, effective November 19, 2018)