ILLINOIS POLLUTION CONTROL BOARD

October

9, 1986

IN THE MATTER OF:

)

RCRA UPDATE, USEPA REGULATIONS

)

R86—28

(4—1—86 THROUGH 6—30—86)

)

PROPOSAL FOR PUBLIC COMMENT,

PROPOSED ORDER OF THE BOARD

(by J. Anderson):

The Board hereby proposes, pursuant

to Section 22,4(a) of

the Environmental Protection Act

(Act),

to amend

the RCRA rules

to correspond with amendments

to USEPA rules adopted between

April

1,

1986 and June

30, 1986.

Because this

is an “identical

in substance” rulemaking, neither Title VII of the Act nor

Section

5 of the Administrative Procedure Act apply.

However,

pursuant

to 35

Ill.

Adin,

Code 102.202, the Board will publish the

text of the proposal

in the Illinois Register and

receive public

comment

for

a period of

at least 45 days.

The Board

has adopted

a proposed Opinion supporting

these

proposed rules.

The complete text of the proposal

is attached,

Striking

and

underlining refer

to

the text of the rules as amended

in R86—l

(July 11,

1986).

Some of this material

has already been proposed

in

R86—19, but

is repeated here

(July 11, 1986),

IT

IS SO ORDERED.

I,

Dorothy

M.

Gunri, Clerk of the Illinois Pollution Control

Board, h,e~bycertify ~hat the above Proposed Order was adopted

on the

7(-1--~

day of

(“-—~~,

,

1986,

by

a vote of

~,C

orothy M. G?~, Clerk

Illinois Pollution Control Board

73-135

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

TEXT

OF PROPOSED AMENDMENTS

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE

G:

WASTE DISPOSAL

CHAPTER

I:

POLLUTION CONTROL BOARD

SUBCHAPTER b:

PERMITS

PART 702

RCRA AND UIC PERMIT PROGRAMS

SUBPART A:

GENERAL PROVISIONS

Section

702.101

702.102

702.103

70 2. 104

702.105

702.106

702.107

702.108

702.109

702.110

Section

702. 140

702.141

702,142

702. 143

702.144

702.145

702.146

702.147

702.148

702. 149

702.150

702.151

702.152

Applicability

Purpose

and Scope

Confidentiality

References

Rulemaking

Agency Criteria

Permit Appeals

Var iances

Enforcement

Definitions

SUBPART

B:

PERMIT APPLICATIONS

Permit Application

Who Applies

Completeness

Information Requirements

Recordkeeping

Continuation of Expiring Permits

Signatories

to Permit Applications and Reports

SUBPART C:

PERMIT CONDITIONS

Conditions Applicable

to all Permits

Duty

to Comply

Duty to Reapply

Need

to Halt or Reduce Activity Not a Defense

Duty to Mitigate

Proper Operation and Maintenance

Permit Actions

Property Rights

Duty to Provide Information

Inspection

and Entry

Monitoring

and Records

Signatory Requirements

Reporting Requirements

Section

702.120

702.121

702. 122

702.123

702.124

702.125

702. 126

73-136

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS

702.160

Establishing Permit Conditions

702.161

Duration of Permits

702.162

Schedules of Compliance

702.163

Alternative Schedules of Compliance

702.164

Recording and Reporting

SUBPART

D:

ISSUED PERMITS

Section

702.181

Effect of a Permit

702.182

Transfer

702.183

Modification

702.184

Causes

for Modification

702.185

Facility Siting

702.186

Revocation

702.187

Minor Modifications

AUTHORITY:

Implementing Section 13

and 22.4

and authorized by

Section 27

of the Environmental Protection Act

(Ill.

Rev. Stat.

1985,

ch.

111 1/2, pars.

1013,

1022.4 and 1027).

SOURCE:

Adopted

in R81—32,

47 PCB

93, at

6 Ill. Reg.

12479,

effective as noted

in 35

Ill.

Adm.

Code 700.106; amended

in R82—

19

at at,

53 PCB 131,

7 Ill. Reg. 14352, effective as noted

in 35

Ill.

Adm.

Code 700.106; amended

in R84—9

at

9

Ill.

Reg.

11926,

effective July 24,

1985;

amended

in R85—23 at 10 Ill.

Reg. 13274,

effective July 29,

1986;

amended

in R86—l

at 10

Ill.

Reg.

14083,

effective August

12,

1986;

amended

in R86—28 at

10 Ill.

Reg.

,

effective

*

SUBPART

D:

ISSUED PERMITS

Section 702.187

Minor Modifications

Upon the consent of the permittee,

the Agency may modify a permit

to make the corrections or allowances

for changes

in the

permitted activity listed

in this section, without

following the

procedures of

35

Ill.

Adm. Code 705.

Any permit modification not

processed

as

a minor modification under this section must be made

for cause

and with a35

Ill. Adm. Code 705 draft permit and

public notice

as required

in Se’e~Sections702.183 through

702.185.

Minor modifications may only:

a)

Correct typographical errors;

b)

Require more frequent monitoring

or

reporting by the

per initte e;

C)

Change an interim compliance date

in

a schedule of

73-137

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS

compliance, provided

the new date

is not more than 120

days after the date specified

in the existing permit and

does not interfere with attainment of the final

compliance date requirement; or

d)

Allow for

a change in ownership or operational

control

of a facility where the Agency determines that

no other

change

in the permit is necessary, provided:

1)

For RCRA only:

that a written agreement containing

a specific date for transfer

of permit

responsibility7 ee~ere~e

ei~

44e~~4~y

between

the

current and new permittees has been submitted

to

the Agency.

Changes in

the ownership or

operational

control

of a facility may be made only

if the owner

or operator submits

a revised permit

application no later

than 90 days prior

to the

scheduled change.

When

a transfer of ownership or

operational

control

of

a facility occurs, the old

owner

or operator

shall comply with the

requirements of

35 Ill. Adm Code 724.Subpart

H

(financial

requirements), until

the new owner

or

operator has demonstrated

to the Agency that the

new owner

or operator

is complying with the

requirements of that Subpart.

The new owner

or

operator shall demonstrate compliance with the

financial assurance requirements within six months

after

the date of the change

in the ownership or

operational control of the

facility.

Upon

demonstration

to the Agency by the new owner

or

operator of compliance with the financial assurance

requirements,

the Agency shall notify the old owner

or operator

in writing

that the old

owner or

operator

no longer

needs to comply with

35 Ill.

Adm

Code 724.Subpart

H as of the date of the

demonstration

*

2)

For UIC only:

that

a written agreement containing

a specific date for transfer of permit

responsibility,

coverage and liability between the

current and new permittees has been submitted

to

the Agency.

e)

For RCRA only:

1)

Change

the lists

of facility emergency coordinators

or equipment

in the permit’s contingency plan;

or

2)

73-138

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS

A)

Change estimates of maximum inventory under

35

Ill.

Adm.

Code 724.212(a) (2);

B)

Change estimates of expected year

of closure

or

schedules for

final closure under 35 Ill.

Adm. Code

724.212(a)

(4);

or

C)

Approve

periods

longer

than

90

days

or

180

days

under 35 Ill. Adm. Code 724.213(a)

and

(b).

3)

Change

the ranges of the operating requirements set

in the permit

to reflect the results of the trial

burn, provided that the change

is minor.

4)

Change the operating requirements set in the permit

for conducting

a trial burn, provided that the

change

is minor.

5)

Grant one extension of the time period

for

determinating operational readiness following

completion of construction, for

up

to 720 hours

operating time for treatment ofhazardous waste.

6)

Change the treatment program requirements for land

treatment units under 35 Ill.

Adm. Code 724.371

to

improve treatment of hazardous constituents,

provided that the change

is minor.

7)

Change any conditions specified

in

the permit for

land treatment units

to reflect the results of

field

tests or laboratory analyses used

in making

a

treatment demonstration

in accordance with 35 Ill.

Adm. Code 703.230, provided that the change is

minor.

8)

Allow

a second

treatment

demonstration

for

land

treatment

to

be

conducted

when

the

results

of

the

first

demonstration

have

not

shown

the

conditions

under

which

the

waste

or

wastes

can

be

treated

completely as required

by 35 Ill.

Adin. Code

724.372(a), provided the conditions

for the second

demonstration are substantially the

same as the

conditions

for the first demonstration.

f)

For UIC only:

1)

Change

quantities

or

types

of

fluids

injected

which

73-

139

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS

are within the capacity of the facility as

permitted and,

in the judgment of the Agency, would

not interfere with the operation of the facility or

its ability to meet conditions described

in the

permit and would

not change its classification.

2)

Change construction requirements approved by the

Agency pursuant to 35 Ill. Adm. Code 704.182

(establishing UIC permit conditions), provided that

any such alteration shall comply with the

requirements of this part and 35

Ill.

Adm.

Code 704

and 730.

3)

Amend

a plugging and abandonment plan which has

been updated under 35

Ill. Adm. Code 704.181(e).

(Board Note:

See 40 CFR

~-3~144.4l and 270.42).

(Source:

Amended

at

10

Ill.

Reg.

effective

)

73-140

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

The Heading of

the Part:

RCRA Permit Program

Code Citation:

35

Ill. Adm. Code 703

Section Numbers:

Proposed Action:

703.155

Amendment

703.183

Amendment

Statutory Authority:

Ill.

Rev.

Stat. 1985,

ch.

111 1/2, pars.

1022.4

and 1027.

A Complete Description of

the Subjects and Issues Involved:

A complete description

is contained in the Board’s Proposed

Opinion

of October

9,

1986,

in R86—28,

which Opinion

is available

from the address below.

This proposal updates the Illinois

RCRA

hazardous waste

rules

to agree with rules

adopted by USEPA

between April

1

and June

30, 1986.

As provided by Section

22.4(a)

of the Environmental Protection Act, this rulemaking

is

not subject

to Section

5

of the Administrative Procedure Act, and

is hence not subject

to second notice review by JCAR.

Part 703

is drawn from

40 CFR 270.

The amendments

are drawn from

51 Fed. Reg.

16443.

They change

the requirements for transfer

of

hazardous waste permits.

Will

this proposed rule replace an emergency rule currently in

effect?

No.

Does this rulemaking contain

an automatic repeal date?:

No.

Are there any other amendments pending

on this Part?

Yes,

in

R86—l9.

Section

Proposed

Illinois Register

Numbers

Action

Citation

703.123

Amendment

August 15,

1986;

10

Ill.

Reg.

13572

703.150

Amendment

August 15,

1986;

10 Ill.

Reg.

13572

Statement

of Statewide Policy Objectives:

This rulemaking

is mandated by Section 22.4 of the Environmental

Protection Act.

The statewide policy objectives are

set forth

in

Section 20

of that Act.

Time,

Place and Manner

in which

interested persons may comment on

this proposed rulemaking:

73-141

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

The Board will accept written public comment on this proposal for

a

period

of

45 days after

the date of this publication.

Comments

should reference Docket R86—28 and be addressed to:

Ms. Dorothy

M.

Gunn, Clerk

Illinois

Pollution

Control

Board

State of Illinois Center, Suite

11—500

100 W.

Randolph St.

Chicago,

IL 60601

Initial Regulatory Flexibility Analysis:

Date rule was submitted to the Small Business Office

of the

Department of Commerce and Community Affairs:

October

15,

1986

Types of small businesses affected:

The existing rules

and amendments affect small

businesses

which generate, transport,

treat,

store

or dispose

of

hazardous waste.

Reporting, Bookkeeping

or other procedures

required for

compliance:

The existing rules require permits and substantial

reporting

and bookkeeping.

The amendments modify the requirements for

transfer of hazardous waste permits.

Types of professional skills necessary for compliance:

The existing rules and amendments may require the services of

an attorney,

a certified public accountant,

a chemist and

a

registered professional engineer.

The full text of the Proposed Amendments

is

as follows:

73-142

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE

G:

WASTE

DISPOSAL

CHAPTER I:. POLLUTION CONTROL BOARD

SUBCHAPTER

b:

PERMITS

PART 703

RCRA PERMIT PROGRAM

SUBPART A:

GENERAL PROVISIONS

Prohibitions

in General

RCRA

Permits

Specific Inclusions in Permit Program

Specific Exclusions

from Permit Program

Discharges of Hazardous Waste

Reappl ications

Initial Applications

Federal Permits

(Repealed)

SUBPART C:

AUTHORIZATION BY RULE AND INTERIM STATUS

Section

703.140

703.141

703

.

150

703.151

703.152

703.153

703.154

703. 155

703.156

703.157

703.158

Purpose and Scope

Permits by Rule

Application by Existing

HWM

Facilities and Interim

Status Qualifications

Application

by

New

HWM

Facilities

Amended

Part

A

Application

Qualifying for Interim Status

Prohibitions During Interim Status

Changes During Interim Status

Interim Status Standards

Grounds for Termination of Interim Status

Permits

for Less Than an Entire Facility

SUBPART

D:

APPLICATIONS

Applications

in General

Contents of Part A

Scope

and Relation

to Other Parts

Purpose

References

SUBPART

B:

PROHIBITIONS

Section

703. 100

703. 101

703.110

Section

703. 120

703.121

703.122

703.123

703. 124

703.125

703.126

703.127

Section

703.180

703.181

73-143

---

ILLINOIS REGISTER

POLLUTION

CONTROL

BOARD

TEXT OF PROPOSED AMENDMENTS

703

.

182

703. 183

703.184

703. 185

703. 186

703. 200

703.201

703. 202

703.203

703. 204

703. 205

703. 206

703. 207

Section

703.

241

703. 242

703.243

703. 244

703.245

703. 246

Contents

of

Part

B

General

Information

Facility

Location

Information

Groundwater Protection Information

Exposure

Information

Specific

Information

Containers

Tanks

Surface Impoundments

Waste Piles

Incinerators

Land Treatment

Landfills

SUBPART E:

SHORT TERM AND PHASED PERMITS

Emergency Permits

Incinerator

Conditions

Prior

to

Trial

Burn

Incinerator Conditions During Trial Burn

Incinerator Conditions After Trial Burn

Trial Burns

for Existing Incinerators

Land Treatment Demonstration

Research, Development and Demonstration Permits

SUBPART

F:

PERMIT CONDITIONS

Establishing Permit Conditions

Noncompliance Pursuant

to Emergency Permit

Monitoring

Notice of Planned Changes

Release or Discharge Reports

Reporting Requirements

AUTHORITY:

Implementing

Section

22.4

and

authorized

by

Section

27

of

the

Environmental

Protection

Act

(Ill.

Rev.

Stat.

1985,

ch.

111

1/2,

pars.

1022.4

and

1027).

SOURCE:

Adopted

in

R82—19,

53

PCB

131,

at

7

Ill.

Reg.

14289,

effective

October

12,

1983;

amended

in

R83—24

at

8

Ill.

Reg.

206,

effective December 27, 1983;

amended

in R84—9 at

9 Ill.

Reg.

11899,

effective

July

24,

1985;

amended

in R85—23 at

10 Ill.

Reg.

13284,

effective

July

29,

1986;

amended

in

R86—l

at

10

Ill.

Reg.

14093,

effective August

12, 1986;

amended

in R86—19

at 10 Ill.

Reg.

,

effective

; amended

in R86—28

at 10

Ill.

Reg.

,

effective

Section

703.

221

703.222

703.

223

703.224

703. 225

703.

230

703.231

73-144

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

TEXT OF

PROPOSED AMENDMENTS

SUBPART C:

AUTHORIZATION BY RULE AND INTERIM STATUS

Section 703.155

Changes During Interim Status

a)

New

hazardous

wastes

not

previously

identified

in

Part

A

of the permit application may be treated,

stored or

disposed

of

at

a

facility

if

the

owner

or

operator

submits

a

revised

Part

A

permit

application

prior

to

such

a

change;

b)

Increases

in

the design capacity of processes used at

a

facility may be made

if

the owner

or operator submits

a

revised Part A permit application prior

to such

a change

(along with

a justification explaining the need

for the

change)

and the Agency approves the change because of a

lack of available treatment,

storage or disposal

capacity at other hazardous waste management facilities;

c)

Changes

in the processes

for the treatment,

storage or

disposal

of hazardous waste may be made at

a

facility or

additional

processes may be added

if the owner or

operator submits

a revised Part A permit application

prior

to such

a change (along with

a justification

explaining

the need

for change)

and

the Agency approves

the change because:

1)

It

is necessary to prevent a threat

to human health

or

the environment because of an emergency

situation;

or

2)

It

is necessary to comply with Federal and State

regulations,

including 35 Ill.

Adm.

Code 725;

d)

Changes

in the ownership or

operational

control

of

a

facility may be made

if the new owner

or operator

submits

a revised Part

A permit application no later

than 90 days prior

to the scheduled change.

When

a

transfer of ownership or operational control

of

a

facility occurs, the old owner or operator shall comply

with the requirements of

35 Ill.

Adni. Code 725, Subpart

H

(financial requirements),

until the new owner or

operator has demonstrated

to the Agency that it

is

complying with the requirements of that Subpart.

The

new owner

or operator shall demonstrate compliance with

the financial assurance requirements within

six months

after

the date of the change

in

the ownership or

operational control

of the

facility.

Upon demonstration

to

the Agency by the new owner or operator

of compliance

with the financial assurance requirements,

the Agency

73-145

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS

shall notify the old owner

or operator

in writing

that

the old owner

or operator no longer needs to comply with

35

Ill.

Adm

Code

725.Subpart

H

as

of

the

date

of

demonstration.

All other

interim status duties are

transferred

effective

immediately

upon

the

date

of

the

change

of

ownership

or

operational

control

of

the

facility-

Upet~~en~e

etret4e,’~ te

the

?i~efiey ~y

the

i’tew

ewne~

e~ eereter

e~ een~4~4et’tee

wtth

thet

St*bperty

the

A~et’~eyehe4~i’iet4?y

the

e4~ ewfter

er

epe~reter4i’~wr4t~e~

thet 4t

i~e

~e~er

eee~ste eew~p1y

with

thet

Pert

es

e~

the ~ete o?

~e~et~ret4e,’~

e)

In no event shall changes be made

to

an HWM facility

during

interim status which amount to reconstruction of

the

facility.

Reconstruction occurs when the capital

investment in the changes to

the facility exceeds fifty

percent of the capital cost of

a comparable entirely new

HWM

facility.

(Board Note:

See

40 CFR ~~e-~270.72.)

(Source:

Amended

at 10

Ill.

Reg.

effective

)

SUBPART D:

APPLICATIONS

Section 703.183

General Information

The following information

is required

in the Part

B application

for

all HWM facilities,

except as

35

Ill.

Adin.

Code 724.101

provides otherwise:

a)

A general description of the

facility;

b)

Chemical and physical analyses of the hazardous wastes

to be handled

at the

facility.

At a minimum, these

analyses shall contain all the information which must be

known

to treat, store or dispose of the wastes properly

in accordance with 35 Ill.

Adni.

Code 724;

c)

A copy of the waste

analysis plan required by 35 Ill.

Adni.

Code 724.113(b)

and,

if applicable,

35

Ill.

Adni.

Code 724.113(c);

d)

A description of the security procedures and equipment

required by 35 Ill.

Adm.

Code 724.114, or

a

justification demonstrating the reasons for requesting

a

waiver of this requirement;

73-146

---

ILLINOIS

REGISTER

POLLUTION CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS

e)

A

copy

of

the

general

inspection

schedule

required

by

35

Ill.

Adm.

Code

724.115(b).

Including,

where

applicable,

as

part

of

the

inspection

schedule,

specific

requirements

in

35

Ill.

Adm.

Code

724.274,

724.294,

724.326,

724.354,

724.373

and

724.403;

f)

A justification of any request

for

a waiver(s)

of the

preparedness

and

prevention

requirements

of

35 Ill.

Adni.

Code

724.Subpart

C;

g)

A

copy

of

the

contingency

plan

required

by

35

Ill.

Adin.

Code 724.Subpart D;

(Board Note:

Include, where applicable,

as part of the

contingency plan,

specific requirements

in 35

Ill.

Adni.

Code 724.327 and 724.355.

35 Ill.

Adin.

Code 724.355 has

not yet been adopted.)

h)

A description of procedures, structures or

equipment

used at the facility to:

1)

Prevent hazards

in unloading operations

(for

example, ramps,

special forklifts);

2)

Prevent runoff from hazardous waste handling areas

to other

areas of the facility or environment,

or

to prevent flooding

(for

example, berms, dikes,

trenches);

3)

Prevent contamination of water

supplies;

4)

Mitigate effects of equipment failure and power

outages; and

5)

Prevent undue exposure of personnel

to hazardous

waste

(for

example,

protective

clothing);

i)

A

description

of

precautions

to

prevent

accidental

ignition

or

reaction

of

ignitable, reactive or

incompatible

wastes

as

required

to

demonstrate

compliance

with

35

Ill.

Adni.

Code

724.117

including

documentation demonstrating compliance with

35 Ill. Adm.

Code 724.117(c);

j)

Traffic pattern, estimated volume (number,

types of

vehicles)

and control

(for example,

show turns across

traffic lanes and stacking

lanes

(if appropriate);

describe access

road surfacing

and load bearing

capacity; show traffic control

signals);

73-147

---

ILLINOIS

REGISTER

POLLUTION

CONTROL

BOARD

TEXT OF PROPOSED AMENDMENTS

k)

Facility location information as required by Section

703.184;

1)

An outline of both the introductory and continuing

training programs by owners or operators to prepare

persons to operate

or maintain

the

HWM

facility in

a

safe

manner

as

required

to

demonstrate

compliance

with

35

Ill.

Adm.

Code

724.116.

A

brief

description

of

how

training

will

be

designed

to

meet

actual

job

tasks

in

accordance

with

requirements

in

35

Ill.

Adm.

Code

724.116(a) (3);

in)

A copy of the closure plan and, where applicable,

the

post—closure plan required by 35 Ill.

Adm. Code 724.212

and 724.218.

Include where applicable,

as part of the

plans, specific requirements

in 35 Ill.

Adm. Code

724.278,

724.297,

724.328,

724.358,

724.380,

724.410

and

724.451;

n)

Per

e,t4st4i~

f44~it~C5y~ee

e,’~tet4e~thet

e

t’~et9eehee

beei’t

~eee~

4~ the

~ee~

e~ep~rep~4ete e4teri~ete

4nst~mei’ites ~reqtt4red~y 35

~

h~m~6e~e

4~~9tFor

hazardous waste disposal units that have been closed,

documentation that notices required under

35 Ill. Adm

Code 724.219 have been filed

0)

The most recent closure cost estimate

for the facility

prepared

in accordance with 35 Ill.

Adin.

Code 724.242

~4~s e eepy e? the

and

a

copy

of

the

documentation

required

to demonstrate financial assurance ~eeheMsm

e~e~te~

4i’t

eem~4ei’~eewith

under

35 Ill. Adm. Code

724.243.

For

a new facility,

a copy of the required

documentation may be submitted 60 days prior

to the

intitial

receipt of hazardous wastes,

if

it

is later

than the submission of the Part B

p)

Where applicable, the most recent post—closure cost

estimate

for the facility prepared

in accordance with

35

Ill.

Adni. Code 724.244 plus

a copy of the documentation

required

to demonstrate financial assurance ~e~eehe~sm

e~epte~

4~’tee~p44et’tfewith under

35 Ill.

Adm. Code

724.245;

For

a new facility, a copy of the required

documentation may be submitted 60

days prior

to

the

intitial receipt of hazardous wastes,

if

it

is later

than the submission of the Part B

q)

Where applicable,

a copy of the insurance policy or

other documentation which comprises compliance with the

73-148

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS

requirements of 35 Ill. Adm. Code 724.247.

For

a new

facility, documentation showing the amount of insurance

meeting

the

specification

of

35

Ill.

Adni.

Code

724.247(a)

and,

if

applicable,

35

Ill.

Adm.

Code

724.247(b),

that

the

owner

or

operator

plans

to

have

in

effect before initial receipt of hazardous waste

for

treatment,

storage

or

disposal.

A

request

for

an

alternative

level

of

required

coverage,

for

a

new

or

existing facility, may

be

submitted

as

specified

in

35

Ill.

Adm.

Code 724.247(c);

s)

A topographic map showing

a distance of 1000 feet around

the facility at

a scale of

2.5 centimeters

(1

inch)

equal

to not more than 61.0 meters

(200 feet).

Contours

must be shown on the map.

The contour

interval must be

sufficient

to clearly show the pattern of surface water

flow in the vicinity of and

from each operational unit

of the

facility.

For example, contours with an

interval

of 1.5 meters

(5

feet),

if relief is greater

than 6.1

meters

(20 feet),

or

an interval of 0.6 meters

(2

feet),

if relief

is less than 6.1 meters

(20 feet).

Owners and

operators of HWM facilities located

in mountainous areas

should use larger contour

intervals to adequately show

topographic profiles of facilities.

The map shall

clearly show the following:

1)

Map scale and date;

2)

100—year

floodplain

area;

3)

Surface waters including intermittent streams;

4)

Surrounding

land uses (residential, commercial,

agricultural, recreational);

5)

A wind

rose

(i.e., prevailing windspeed and

direction);

6)

Orientation of the map (north arrow);

7)

Legal boundaries of the

HWM

facility site;

8)

Access control

(fences, gates);

9)

Injection and withdrawal wells both on—site and

off—site;

10)

Buildings;

treatment,

storage or disposal

operations;

or other

structures (recreation

areas,

73-149

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS

runoff control systems, access and internal

roads,

storm,

sanitary and process sewage systems, loading

and unloading areas, fire control facilities,

etc.);

11)

Barriers for drainage or flood control;

12)

Location of operational

units within the

HWM

facility site, where hazardous waste

is

(or will

be)

treated,

stored or disposed (include equipment

cleanup areas);

(Board Note:

For large HWM facilities, the Agency

will

allow the

use of other

scales on

a case by

case basis.)

t)

Applicants may be required

to submit such information

as

may be necessary to enable the Agency to determine

whether

a permit should be issued

and what conditions

to

impose

in any permit issued.

(Board Note:

See 40 CFR 270.14(b).)

(Source:

Amended at

10

Ill.

Reg.

effective

)

73-150

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

The Heading

of the Part:

Hazardous Waste Management System:

General

Code Citation:

35 Ill.

Adni.

Code 720

Section Numbers:

Proposed Action:

720.110

Amendment

Statutory Authority:

Ill.

Rev. Stat.

1985,

ch.

111 1/2,

pars.

1022.4

and 1027.

A Complete Description

of the Subjects and Issues Involved:

A complete description is contained

in the Board’s Proposed

Opinion

of October

9, 1986,

in R86—28, which Opinion

is available

from the address below.

This proposal updates

the Illinois RCRA

hazardous waste

rules

to agree with rules adopted by USEPA

between April

1

and June

30,

1986.

As provided by Section

22.4(a)

of the Environmental Protection Act, this rulemaking

is

not subject

to Section

5

of the Administrative Procedure Act, and

is hence

not subject

to second notice

review by JCAR.

Part

720

is drawn from 40 CFR 260.

The proposed amendment-~are

drawn from 51 Fed. Reg.

16443.

They relate

to the closur?

and

financial assurance rules

in Parts 724 and 725.

The amendments

to “small quantity generator”

are also proposed in R86—19,

and

will actually

be adopted

in that Docket prior

to action on this

proposal.

Will

this proposed

rule replace an emergency rule currently in

effect?

No.

Does this rulemaking contain an automatic repeal date?:

No.

Are there

any other amendments pending

on this Part?

Yes,

in

R86—l9.

Section

Proposed

Illinois Register

Numbers

Action

Citation

720.110

Amendment

August

15,

1986;

10

Ill.

Reg.

13500

Statement

of Statewide Policy Objectives:

This rulemaking

is mandated

by Section 22.4 of the Environmental

Protection Act.

The statewide policy objectives are set forth

in

Section

20

of

that Act.

73-151

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Time, Place and Manner

in which interested persons may comment on

this proposed rulemaking:

The Board will accept written public comment on this proposal for

a period of 45 days after

the date of this publication.

Comments

should reference Docket R86—28 and be addressed

to:

Ms. Dorothy

£4. Gunn, Clerk

Illinois Pollution Control Board

State of Illinois Center, Suite 11—500

100 W.

Randolph St.

Chicago,

IL 60601

Initial Regulatory Flexibility Analysis:

Date rule was submitted

to the Small Business Office of the

Department of Commerce and Community Affairs:

October 15,

1986

Types of small

businesses affected:

The existing rules and amendments affect small businesses

which generate, transport,

treat,

store

or dispose of

hazardous waste.

Reporting, Bookkeeping

or other procedures required

for

compliance:

The existing rules require permits and substantial

reporting

and bookkeeping.

The amendments modify the definitions which

relate

to the closure and financial assurance requirements

in

Parts

724 and 725.

Types of professional skills necessary for compliance:

The existing rules and amendments may require the services of

an attorney, a certified public accountant,

a chemist and

a

registered professional engineer.

The full text of the Proposed Amendments

is as follows:

73-152

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

TEXT

OF PROPOSED AMENDMENTS

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE

G:

WASTE DISPOSAL

CHAPTER

I:

POLLUTION

CONTROL

BOARD

SUBCHAPTER

c:

HAZARDOUS

WASTE

OPERATING

REQUIREMENTS

PART

720

HAZARDOUS WASTE MANAGEMENT SYSTEM:

GENERAL

SUBPART A:

GENERAL PROVISIONS

Section

720.101

Purpose,

Scope and Applicability

720.102

Availability of Information; Confidentiality of

Information

720.103

Use of Number and Gender

SUBPART

B:

DEFINITIONS

Section

720.110

Definitions

720.111

References

SUBPART C:

RULEMAKING PETITIONS AND OTHER PROCEDURES

Sectiori

720.120

Rulemaking

720.121

Alternative Equivalent Testing Methods

720.122

Waste

Delisting

720.130

Procedures

for

Solid Waste Determinations

720.131

Solid Waste Determinations

720.132

Boiler Determinations

720.133

Procedures

for

Determinations

720.140

Additional

regulation of certain hazardous waste

Recycling Activities on

a case—by—case Basis

720.141

Procedures

for case—by—case regulation of hazardous

waste Recycling Activities

Appendix A Overview of 40 CFR, Subtitle C Regulations

AUTHORIT~:

Implementing

Section

22.4

and

authorized

by

Section

27 of the Environmental Protection Act (Ill.

Rev. Stat.

1985,

ch.

111 1/2,

pars.

1022.4 and 1027).

SOURCE:

Adopted

in R8l—22,

43 PCB 427,

at 5

111. Reg. 9781,

effective

as noted

in 35

Ill.

Adm. Code 700.106; amended and

codified

in R8l—22,

45 PCB

317,

at 6 Ill. Reg.

4828,

effective as

noted

in 35 Ill. Adm.

Code 700.106; amended

in R82—l9 at 7

Ill.

Reg. 14015,

effective Oct.

12,

1983;

amended

in R84—9,

53 PCB 131

73-153

---

ILLINOIS

REGISTER

POLLUTION

CONTROL

BOARD

TEXT

OF

PROPOSED

AMENDMENTS

at

9

Ill.

Reg.

11819,

effective

July

24,

1985;

amended

in

R85—22

at

10

Ill.

Reg.

968,

effective

January

2,

1986;

amended

in

R86—l

at

10

Ill.

Reg.

13998,

effective

August

12,

1986;

amended

in

R86—

19

at

10

Ill.

Reg.

,

effective

;

amended

in

R86—28

at

10

Ill.

Reg.

,

effective

SUBPART

B:

DEFINITIONS

Section

720.110

Definitions

When used

in 35 Ill.

Adin.

Code 720 through 725 only,

the

following terms have the meanings given below:

“Act”

or

“RCRA”

means the Solid Waste Disposal Act, as

amended by the Resource Conservation and Recovery Act of

1976,

as amended

(42 U.S.C.

Section 6901

et seq.)

“Active life” of a facility means the period from the

initial receipt of hazardous waste at the facility until

the Agency receives certification of final

closure.

“Active portion” means that portion of a facility where

treatment, storage or disposal operations are being

or

have been conducted after May 19,

1980 and which is not

a closed portion.

(See

also “closed portion” and

“inactive portion”.)

“Administrator”

means the Administrator of the U.S.

Environmental Protection Agency or

his designee.

“Agency” means

the Illinois Environmental Protection

Agency.

“Aquifer”

means

a

geologic

formation,

group

of

formations or part of a formation capable of yielding

a

significant

amount

of

groundwater

to

wells

or

springs.

“Authorized

representative”

means

the

person

responsible

for

the

overall

operation

of

a

facility

or

an

operational unit

(i.e., part of a facility), e.g.,

the

plant manager, superintendent or person of equivalent

responsibility.

“Board”

means

the

Illinois

Pollution

Control

Board.

“Boiler” means

an enclosed device using controlled flame

combustion and having

the following characteristics:

The unit must have physical provisions

for

73-154

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS

recovering

and exporting thermal energy in the form

of steam, heated fluids or heated gases;

and the

unit’s combustion chamber

and primary energy

recovery section(s) must be of integral design.

To

be of integral design, the combustion chamber and

the primary energy recovery section(s)

(such as

waterwalls and superheaters) must be physically

formed into one manufactured or assembled unit.

A

unit

in which the combustion chamber

and the

primary energy recovery section(s)

are joined only

by ducts or connections carrying flue gas

is not

integrally designed; however,

secondary energy

recovery equipment

(such as economizers or air

preheaters)

need not be physically formed

into the

same unit as the combustion chamber

and the primary

energy recovery section.

The following units are

not precluded

from being

boilers solely because

they are not of

integral design:

process heaters

(units that transfer energy directly to

a process

stream),

and fluidized bed combustion units;

and

While

in operation, the unit must maintain

a

thermal energy recovery efficiency of at least 60

percent, calculated

in terms of the recovered

energy compared with the thermal value of the fuel;

and

The unit must export and utilize

at least 75

percent of the recovered energy, calculated on an

annual basis.

In this calculation,

no credit shall

be given

for recovered heat used internally

in the

same unit.

(Examples of internal

use are the

preheating of

fuel or combustion air,

and the

driving

of induced

or forced draft

fans or

feedwater pumps); or

The unit is one which the Board has determined, on

a case—by—case basis, to be

a boiler, after

considering

the standards in Section 720.132.

“Certification” means

a

statement of professional

opinion based upon knowledge and belief.

“Closed Portion” means that portion of

a facility which

an owner

or operator has closed

in accordance with the

approved facility closure plan and all applicable

closure requirements.

(See also “active portion”

and

“inactive portion”.)

73-155

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS

“Confined

aquifer”

means

an

aquifer

bounded

above

and

below by impermeable beds or by beds of distinctly lower

permeability than that of the aquifer

itself;

an aquifer

containing

confined

groundwater.

“Container” means any portable device

in which a

material

is

stored,

transported,

treated,

disposed

of

or

otherwise handled.

“Contingency plan” means a document setting out an

organized,

planned and coordinated course of action

to

be followed

in case of a fire, explosion or release of

hazardous waste or hazardous waste constituents which

could

threaten human health

or

the environment.

“Designated facility” means

a hazardous waste

treatment,

storage or disposal facility which has received

an EPA

permit

(or

a facility with interim status)

in accordance

with the requirements of 40 CFR

270

and 124

or

a permit

from

a state authorized

in accordance with 40 CFR 271,

or that is regulated under

40 CFR 261.6(c) (2)

or 40 CFR

266.Subpart

F or 35

Ill.

Adm. Code 721.106(c) (2)

or

726.Subpart

F and that has been designated on the

manifest by the generator pursuant to 35

Ill. Adm.

Code

722.120.

“Dike” means an embankment or ridge of either natural

or

manmade materials used to prevent the movement of

liquids, sludges,

solids or other materials.

“Director” means the Director of the Illinois

Environmental Protection Agency.

“Discharge”

or

“hazardous waste discharge” means the

accidental

or

intentional

spilling, leaking, pumping,

pouring,

emitting, emptying or dumping of hazardous

waste

into or on any land

or water.

“Disposal” means the discharge, deposit,

injection,

dumping, spilling, leaking

or placing

of any solid waste

or

hazardous

waste

into

or

on

any

land

or

water

so

that

such

solid

waste

or

hazardous

waste

or

any

constituent

thereof may enter the environment or be emitted

into the

air

or discharged

into any waters, including

groundwaters.

“Disposal facility” means

a facility or part of a

facility at which hazardous waste

is intentionally

placed

into

or on any land

or water

and at which waste

will remain after closure.

73.156

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS

“Elementary neutralization unit” means a device which:

Is used

for neutralizing wastes which are hazardous

wastes only because

they exhibit the corrosivity

characteristic defined

in 35 Ill.

Adm.

Code 721.122

or are listed

in 35 Ill. Adm. Code 72l.Subpart D

only for this reason;

and

Meets the definition of tank, container, transport

vehicle or vessel

in Section 720.110.

“EPA” means United States Environmental Protection

Agency.

“EPA hazardous waste number”

means the number assigned

by EPA to each hazardous waste listed

in 35

Ill.

Adm.

Code 72l.Subpart D and

to each characteristic identified

in 35

Ill.

Adm.

Code 72l.Subpart

C.

“EPA identification number” means

the number assigned by

USEPA pursuant to 35

Ill.

Adm. Code 722 through 725

to

each generator, transporter

and

treatment,

storage or

disposal facility.

“EPA region” means the states and territories found

in

any one of the

following ten regions:

Region

I:

Maine, Vermont, New Hampshire,

Massachusetts, Connecticut and Rhode

Island

Region II:

New York,

New Jersey, Commonwealth

of

Puerto Rico and the U.S. Virgin

Islands

Region III:

Pennsylvania, Delaware, Maryland,

West Virginia, Virginia and the

District of Columbia

Region IV:

Kentucky, Tennessee, North Carolina,

Mississippi, Alabama, Georgia, South

Carolina

and

Florida

Region

V:

Minnesota, Wisconsin,

Illinois,

Michigan,

Indiana and Ohio

Region VI:

New Mexico, Oklahoma, Arkansas,

Louisiana and Texas

73-157

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS

Region VII:

Nebraska, Kansas,

Missouri and Iowa

Region VIII:

Montana, Wyoming, North Dakota,

South Dakota, Utah and Colorado

Region IX:

California,

Nevada, Arizona, Hawaii,

Guam, American Samoa and

Commonwealth of the Northern Mar iana

Islands

Region

X:

Washington, Oregon,

Idaho

and Alaska

“Equivalent method” means any testing or

analytical

method

approved by the Board pursuant

to Section

720.120.

“Existing hazardous waste management

(HWM)

facility” or

“existing facility” means a facility which was

in

operation or

for which construction commenced

on or

before November

19,

1980.

A facility had commenced

construction

if:

The owner

or operator had obtained the federal,

state

and local

approvals or permits necessary to

begin physical construction

and either

A continuous on—site,

physical construction

program had begun or

the owner

or operator had entered

into

contractual obligations——which could

not be

cancelled

or modified without substantial

loss——for physical construction of the

facility to be completed within

a reasonable

time.

“Existing

portion” means that land surface area of an

existing

waste

management

unit,

included

in

the

original

Part A permit application, on which wastes have been

placed prior

to the issuance of a permit.

“Facility” means all contiguous land and structures,

other appuctenances and improvements on the land used

for treating, storing

or disposing

of hazardous waste.

A facility may consist of several

treatment,

storage or

disposal operational

units

(e.g.,

one or more landfills,

surface impoundments or combinations of them).

73-158

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS

“Federal agency” means any department, agency or other

instrumentality of the federal government,

any

independent agency or establishment of the federal

government including any government corporation and the

Government Printing Office.

“Federal, state

and local approvals or permits necessary

to begin physical construction” means permits and

approvals required under

federal, state

or local

hazardous waste control statutes, regulations or

ordinances.

“Final

closure”

means the closure of all hazardous waste

management

units at the facility in accordance with all

applicable closure requirements

so that hazardous waste

management activities under

35

Ill.

Adm. Code 724 and

725 are

no longer conducted

at the facility unless

subject

to the provisions of 35 Ill. Adm Code 722.134.

“Food—chain crops” means tobacco, crops grown for human

consumption and crops grown

for

feed for

animals whose

products are consumed by humans.

“Freeboard” means the vertical distance between the

top

of a

tank or

surface impoundment dike and

the surface of

the waste contained therein.

“Free liquids” means liquids which readily separate

from

the solid portion of a waste

under ambient temperature

and pressure.

“Generator” means any person, by site, whose

act or

process produce hazardous waste

identified

or listed

in

35 Ill.

Ac3m. Code 721

or whose act first

causes

a

hazardous waste

to become subject

to regulation.

“Groundwater” means water

below the land surface

in

a

zone of saturation.

“Hazardous waste” means a hazardous waste

as defined

in

35

Ill. Adm.

Code 721.103.

“Hazardous waste constituent” means

a constituent which

caused the hazardous waste

to be listed

in 35 Ill.

Adm.

Code 72l.Subpart

D,

or

a constituent listed

in of 35

Ill.

Adin.

Code 721.124.

Hazardous

waste

management

unit”

is

a

contiguous

area

of

land on or

in which hazardous waste

is placed,

or

the

73-159

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS

largest area

in which there

is significant liklihood of

mixing

hazardous

waste

constituents

in

the

same

area.

Examples

of

hazardous

waste

management

units

include

a

surface

impoundment,

a

waste

pile,

a

land

treatment

area,

a

landfill

cell,

an

incinerator,

a

tank

and

its

associated

piping

and

underlying

containment

system

and

a

container

storage

area.

A

container

alone

does

not

constitute

a unit;

the unit includes containers and

the

land

or pad upon which they are placed.

“Inactive portion” means that portion of

a facility

which

is not operated after November

19,

1980.

(See

also “active portion” and “closed portion”.)

“Incinerator” means any enclosed device using controlled

flame combustion which

is neither

a “boiler” nor

an

“industrial furnace”

“Incompatible waste” means

a hazardous waste which

is

suitable

for:

Placement

in

a particular device or

facility

because

it may cause corrosion or decay of

containment materials

(e.g.,

container inner

liners

or

tank walls);

or

Commingling with another waste or material

under

uncontrolled conditions because the commingling

might produce heat or pressure, fire or explosion,

violent reaction, toxic dusts, mists, fumes or

gases or flammable fumes or gases.

(See 35

Ill. Adm.

Code 725, Appendix E

for

examples.)

“Industrial

furnace” means any of the following enclosed

devices that are

integral components of manufacturing

processes and that use controlled

flame devices to

accomplish recovery of materials or energy:

Cement kilns

Lime kilns

Aggregate

kilns

Phosphate

kilns

Coke

ovens

73-160

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS

Blast

furnaces

Smelting,

melting

and

refining

furnaces

(including

pyrometallurgical

devices

such

as

cupolas,

reverberator furnaces, sintering machines,

roasters

and

foundry

furnaces)

Titanium

dioxide

chloride

process

oxidation

reactors

Methane reforming furnaces

Pulping liquor

recovery furnaces

Combustion

devices

used

in

the

recovery of sulfur

values

from

spent

sulfuric

acid

Any other

such device

as the Agency determines

to

be

an “Industrial Furnace” on the basis of one or

more of the following factors:

The

design

and

use

of

the

device

primarily

to

accomplish

recovery

of

material

products;

The

use

of the device

to burn or

reduc~-raw

materials

to

make

a

material

product;

The use of the device

to burn or

reduce

secondary

materials

as

effective

substitutes

for

raw

materials,

in

processes

using

raw

materials as principal

feedstocks;

The use of the device

to burn or reduce

secondary materials as ingredients

in an

industrial process

to make

a material product;

The use of the device

in common industrial

practice

to produce

a material product;

and

Other relevant factors.

“Individual generation site” means the contiguous site

at or on which one or more hazardous wastes are

generated.

An individual generation

site, such as

a

large manufacturing plant,

may

have

one

or

more

sources

of hazardous waste but

is considered

a single or

individual generation site

if the site or property

is

contiguous.

73-161

---

ILLINOIS

REGISTER

POLLUTION CONTROL BOARD

TEXT

OF

PROPOSED

AMENDMENTS

“In operation”

refers to

a facility which is treating,

storing

or

disposing

of

hazardous

waste.

“Injection well”

means

a

well

into

which

fluids

are

being

injected.

(See

also

“underground

injection”.)

“Inner liner” means

a continuous

layer of material

placed

inside

a

tank

or

container

which

protects

the

construction materials of the tank or container

from the

contained

waste

or

reagents

used

to

treat

the

waste.

“International shipment” means the transportation of

hazardous waste

into or out of the jurisdiction of the

United States.

“Land

treatment facility”

means

a facility or part of

a

facility at which hazardous waste

is applied onto or

incorporated

into

the soil

surface; such facilities are

disposal facilities

if the waste will remain

after

closure.

“Landfill” means

a disposal facility or part of

a

facility where hazardous waste

is placed

in or on land

and which is not a land treatment facility,

a surface

impoundment or

an

injection well.

“Landfill

cell”

means a discrete volume of

a hazardous

waste landfill which uses

a liner

to provide isolation

of wastes from adjacent cells or wastes.

Examples of

landfill cells are trenches and pits.

“Leachate” means any liquid, including any suspended

components

in the liquid, that has percolated through or

drained from hazardous waste.

“Liner” means means

a continuous layer of natural

or

manmade materials beneath or on the sides of

a surface

impoundment, landfill or

landfill cell,

which restricts

the downward

or lateral

escape of hazardous waste,

hazardous waste constituents or leachate.

“Management”

or “hazardous waste management” means the

systematic control of the collection, source

separation,

storage,

transportation,

processing,

treatment,

recovery

and disposal of hazardous waste.

“Manifest” means

the shipping document originated

and

signed by the generator

which contains the information

required by

35 Ill. Adm. Code 722.Subpart

B.

73-162

---

ILLINOIS REGISTER

POLLUTION

CONTROL

BOARD

TEXT OF PROPOSED AMENDMENTS

“Manifest document number” means the USEPA twelve digit

identification

number

assigned

to

the

generator

plus

a

unique five digit document number assigned

to the

manifest by the generator

for recording and reporting

purposes.

“Mining

overburden returned

to the mine site”

means any

material

overlying an economic mineral deposit which is

removed

to gain access to

that deposit and

is then used

for reclamation of a surface mine.

“Movement” means that hazardous waste transported

to

a

facility

in

an individual vehicle.

“New hazardous waste management facility” or “new

facility” means

a

facility which began operation,

or

for

which construction commenced,

after November 19,

1980.

(See also “Existing hazardous waste management

facility”.)

“On—site”

means

the

same or geographically contiguous

property

which

may

be

divided

by

public

or

private

right—of—way,

provided

the

entrance

and

exit

between

the

properties

is at

a crossroads intersection and access

is

by crossing

as opposed

to going

along

the right—of—

way.

Noncontiguous properties owned by the same person

but connected by a right—of—way which he controls and

to

which

the public does not have access

is also considered

on—site property.

“Open burning” means the combustion of any material

without

the following characteristics:

Control

of

combustion

air

to maintain adequate

temperature

for efficient combustion;

Containment

of

the

combustion

reaction

in

an

enclosed

device

to

provide

sufficient

residence

time

and mixing for complete combustion; and

Control

of emission of the gaseous combustion

products.

(See also “incineration” and “thermal treatment”.)

“Operator”

means

the

person

responsible

for

the

overall

operation of

a facility.

“Owner” means the person who owns

a

facility or

part of

73-163

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS

a facility.

“Partial

closure”

means

the

closure

of

a

~4eerete

Dert

e~ e

?ee4~4ty

hazardous

waste

management

unit

in

accordance

with

the

applicable

closure

requirements

of

35 Ill. Adm. Code 724 or 725

at

a facility which

contains

other

active

hazardous

waste

management

units.

For

example, partial

closure may include the

closure

of

a

trei’~eh7 e

~

eperat4ei’tT e ~a ~443~

er e p4ty

wh4~e

ether Derts ef the ee~e

?ee4444y

eei~t4~e 4m

epe~et~erte~wtH

he

p~eee~4i~eperet4ei’~

4i’t

the

?~ttire~tank

(including

its

associated

piping

and

underlying containment systems), landfill cell, surface

impoundment, waste pile or other

hazardous waste

management unit, while other

units of the same facility

continue

to operate.

“Person”

means

means

an

individual,

trust,

firm,

joint

stock company,

federal agency, corporation (including

a

government corporation), partnership, association,

state, municipality, commission,

political subdivision

of

a state

or any interstate body.

“Personnel”

or

“facility personnel” means

all persons

who work at or oversee

the operations of

a hazardous

waste

facility

and

whose

actions

or

failure

to

act

may

result

in

noncompliance

with

the

requirements

of

35

Ill.

Adin.

Code

724

or

725.

“Pile” means any noncontainerized accumulation of solid,

non—flowing hazardous

waste

that

is

used

for

treatment

or storage.

“Point source” means any discernible, confined and

discrete conveyance including, but not limited

to,

any

pipe, ditch, channel,

tunnel, conduit, well,

discrete

fissure, container,

rolling stock, concentrated animal

feeding operation or vessel

or other floating craft from

which pollutants are or may be discharged.

This term

does not include return flows

from irrigated

agriculture.

“Publicly owned treatment works”

or

“POTW” means any

device or system used in the treatment (including

recycling

and reclamation)

of municipal sewage or

industrial wastes of

a liquid nature which is owned by

a

“state”

or “municipality”

(as defined

by Section 502(4)

of

the

Clean

Water

Act

(33

U.S.C.

1362(4)).

73-164

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS

This definition includes sewers, pipes or other

conveyances only if they convey wastewater

to a POTW

providing treatment.

“Regional Administrator”

means the Regional

Administrator

for

the EPA Region

in which the facility

is

located

or

his

designee.

“Representative sample” means a sample of a universe or

whole

(e.g., waste pile,

lagoon, groundwater) which can

be expected

to exhibit the average properties of the

universe or whole.

“Runoff” means any rainwater, leachate or other

liquid

that

drains

over

land

from

any part of

a

facility.

“Runon”

means

any

rainwater,

leachate

or

other liquid

that drains over land onto any part of a facility.

“Saturated

zone”

or “zone of saturation” means that part

of the earth’s crust

in which

all voids are filled with

water.

“SIC Code” means Standard

Industrial Code as defined

in

Standard

Industrial

Classification

Manual,

incorporated

by reference

in

Section

720.111.

“Sludge” means any solid, semi—solid

or

liquid

waste

generated

from

a

municipal, commercial

or

industrial

wastewater treatment plant, water supply treatment plant

or

air pollution control

facility exclusive of the

treated effluent from

a wastewater

treatment plant.

“Small Quantity Generator”

means

a generator which

generates less than 1000 kg

of hazardous waste

in a

calendar month.

“Solid waste” means

a solid waste

as defined

in 35 Ill.

Adm.

Code 721.102.

“State” means any of the several

states, the District of

Columbia, the Commonwealth of Puerto Rico,

the Virgin

Islands, Guam, American Samoa and the Commonwealth of

the Northern Mariana Islands.

“Storage” means the holding of hazardous waste

for

a

temporary period, at the end of which the hazardous

waste

is treated, disposed

of or stored elsewhere.

73-165

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ILLINOIS REGISTER

POLLUTION

CONTROL

BOARD

TEXT OF PROPOSED AMENDMENTS

“Surface impoundment”

or “impoundment” means

a

facility

or

part

of

a

facility

which

is

a

natural

topographic

depression,

manmade

excavation

or

diked

area

formed

primarily of earthen materials (although it may be lined

with

manmade

materials)

which

is

designed

to

hold

an

accumulation

of

liquid

wastes

or

wastes

containing

free

liquids

and

which

is

not

an

injection

well.

Examples

of

surface

impoundments

are

holding,

storage,

settling

and

aeration

pits,

ponds

and

lagoons.

“Tank”

means

a

stationary

device,

designed

to

contain

an

accumulation of hazardous waste which

is constructed

primarily of nonearthen materials (e.g., wood, concrete,

steel, plastic) which provide structural

support.

“Thermal

treatment”

means

the

treatment

of

hazardous

waste

in

a device which uses elevated temperatures as

the primary means to change the chemical, physical or

biological character or composition of the hazardous

waste.

Examples of thermal treatment processes are

incineration, molten salt, pyrolysis, calcination, wet

air

oxidation

and

microwave

discharge.

(See

also

“incinerator”

and

“open

burning”.)

“Totally enclosed treatment facility” means

a

facility

for

the treatment of hazardous waste which

is directly

connected

to

an industrial production process and which

is constructed

and operated

in

a manner which prevents

the release of any hazardous waste or any constituent

thereof into the environment during

treatment.

An

example

is a pipe

in which waste

acid

is neutralized.

“Transfer facility” means any transportation related

facility including loading docks, parking areas,

storage

areas and other similar areas where shipments of

hazardous waste are held during the normal course of

transportation.

“Transport vehicle” means a motor vehicle or rail

car

used

for

the

transportation

of

cargo

by

any

mode.

Each

cargo-carrying body (trailer, railroad freight car,

etc.)

is

a

separate

transport

vehicle.

“Transportation” means the movement of hazardous waste

by air, rail,

highway or water.

“Transporter” means

a person engaged

in the off—site

transportation of hazardous waste by air,

rail, highway

or water.

73.166

---

ILLINOIS

REGISTER

POLLUTION

CONTROL

BOARD

TEXT

OF

PROPOSED

AMENDMENTS

“Treatment” means any method,

technique

or process,

including neutralization, designed

to change the

physical,

chemical

or

biological

character

or

composition of any hazardous waste so as

to neutralize

such waste,

or

so

as to recover energy or material

resources from the waste or

so as

to render

such waste

non—hazardous or less hazardous; safer

to transport,

store or dispose of; or

amenable

for recovery, amenable

for storage or

reduced

in volume.

“Treatment

zone”

means

a

soil

area

of

the

unsaturated

zone of

a land treatment unit within which hazardous

constituents are degraded,

transformed or

immobilized.

“Underground

injection” means the subsurface emplacement

of fluids through

a bored, drilled or driven well;

or

through

a dug well, where

the depth of the dug well

is

greater than the largest surface dimension.

(See also

“injection well”.)

“Uppermost aquifer” means

the geologic formation nearest

the natural ground surface that

is

an aquifer, as well

as lower

aquifers that are hydraulically interconnected

with this aquifer within the facility’s property

boundary.

“Unsaturated

zone”

or “zone of aeration” means the zone

between the land surface and the water table.

“United States” means the

50 States, the District of

Columbia,

the Commonwealth of Puerto Rico,

the U.S.

Virgin Islands, Guam, American Samoa and

the

Commonwealth of the Northern Mariana Islands.

“Vessel”

includes every description of watercraft, used

or capable of being used as

a means of transportation on

the

water.

“Wastewater

treatment

unit”

means

a

device

which:

Is

part

of

a

wastewater

treatment

facility

which

is

subject

to regulation under

either Section 402

or

Section 307(b)

of the Clean Water Act

(33 U.S.C.

1342

or 1317(b));

and receives and treats or

stores

an influent wastewater which

is

a hazardous waste

as defined

in

35 Ill.

Adm. Code 721.103

or

generates and accumulates a wastewater

treatment

sludge which

is

a hazardous waste

as defined

in

35

Ill. Adm. Code 721.103 or

treats or stores

a

73-167

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ILLINOIS

REGISTER

POLLUTION

CONTROL

BOARD

TEXT OF PROPOSED AMENDMENTS

wastewater treatment sludge which is

a hazardous

waste

as defined

in 35

Ill.

Adm. Code 721.103;

and

Meets the definition of tank in 35 Ill. Adm. Code

720.110.

“Water

(bulk shipment)” means the bulk transportation of

hazardous waste which is loaded or carried on board a

vessel without containers or labels.

“Well” means any shaft or pit dug or bored

into the

earth, generally of

a cylindrical

form,

and often walled

with

bricks

or

tubing

to

prevent

the

earth

from

caving

in.

“Well

injection”

(See

“underground

injection”).

(Source:

Amended

at

10

Ill

Peg.

effective

)

73-168

---

ILLINOIS REGISTER

POLLUTION

CONTROL

BOARD

NOTICE

OF

PROPOSED

AMENDMENTS

The

Heading

of

the

Part:

Identification

and

Listing

of

Hazardous

Waste

Code Citation:

35

Ill.

Adm.

Code

721

Section Numbers:

Proposed Action:

721.132

Amendment

Statutory Authority:

Ill.

Rev.

Stat.

1985,

ch.

111 1/2, pars.

1022.4

and

1027.

A Complete Description

of the Subjects and Issues Involved:

A complete description

is contained in the Board’s Proposed

Opinion of October

9, 1986,

in R86—28,

which Opinion

is available

from the address below.

This proposal updates the Illinois RCRA

hazardous waste

rules

to agree with rules

adopted by USEPA

between

April

1

and

June

30, 1986.

As provided by Section

22.4(a)

of

the

Environmental

Protection

Act,

this

rulemaking

is

not

subject

to

Section

5

of

the

Administrative

Procedure

Act,

and

is

hence

not

subject

to

second

notice

review

by

JCAR.

Part

721

is

drawn

from

40

CFR

261.

The amendments are drawn from

51

Fed.

Reg.

19322.

They modify the definition of listing

K062.

The

changes

to

listings

Kll7,

Kll8

and

K136

are

also

proposed

in Docket R86—l9, and will actually be adopted

in that

Docket before action

in this Docket.

Will this proposed rule replace an emergency rule currently in

effect?

No.

Does

this

rulemaking

contain

an

automatic

repeal

date?:

No.

Are

there

any

other

amendments

pending on

this Part?

Yes,

in

R86—l9.

Section

Proposed

Illinois Register

Numbers

Action

Citation

721.101

Amendment

August

15,

1986;

10

Ill.

Reg.

13517

721.105

Amendment

August

15,

1986;

10

Ill.

Reg.

13517

721.131

Amendment

August

15,

1986;

10

Ill.

Reg.

13517

721.132

Amendment

August

15,

1986;

10

Ill.

Reg.

13517

721.133

Amendment

August

15,

1986;

10

Ill.

Reg.

13517

Appendix

C

Amendment

August

15,

1986;

10

Ill.

Reg.

13517

Appendix

G

Amendment

August

15,

1986;

10

Ill.

Reg.

13517

Appendix

H

Amendment

August

15,

1986;

10

Ill.

Reg.

13517

73-169

---

ILLINOIS

REGISTER

POLLUTION

CONTROL

BOARD

NOTICE

OF

PROPOSED

AMENDMENTS

Statement

of

Statewide

Policy

Objectives:

This rulemaking

is mandated by Section

22.4

of

the

Environmental

Protection Act.

The statewide policy objectives are set forth

in

Section

20

of that Act.

Time,

Place and Manner

in which interested persons may comment

on

this proposed rulemaking:

The Board will accept written public comment on this proposal for

a period of

45 days after

the date of this publication.

Comments

should reference Docket R86—28 and

be addressed

to:

Ms. Dorothy M.

Gunn, Clerk

Illinois Pollution Control Board

State of Illinois Center, Suite 11—500

100 W.

Randolph St.

Chicago,

IL 60601

Initial Regulatory Flexibility Analysis:

Date rule was submitted

to the Small Business Office of

the

Department of Commerce and Community Affairs:

October 15,

1986

Types of small businesses affected:

The existing rules

and amendments affect small businesses

which generate, transport,

treat, store

or dispose

of

hazardous waste.

The proposal limits

the generic listing

K062

to

spent

pickle

liquor

from

plants

that

produce.

iron

or

steel.

Reporting,

Bookkeeping

or other procedures required for

compliance:

The existing rules require permits and substantial reporting

and bookkeeping.

Types of professional skills necessary for compliance:

The existing rules and amendments may require the services of

an attorney, a certified public accountant,

a chemist and

a

registered professional engineer.

The full

text of the Proposed Amendments

is

as follows:

73-170

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS

TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE C:

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 of Scope

721.102

Definition of Solid Waste

721.103

Definition

of

Hazardous

Waste

721.104

Exclusions

721.105

Special Requirements For Hazardous Waste Generated

by Small

Quantity Generators

721.106

Requirements for Recyclable Materials

721.107

Residues of Hazardous Waste

In Empty Containers

SUPBART

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

721.111

Criteria

for Listing Hazardous Waste

SUBPART

C:

CHARACTERISTICS

OF

HAZARDOUS

WASTE

Section

721.120

General

721.121

Characteristics of Ignitability

721.122

Characteristics of Corrosivity

721.123

Characteristics

of

Reactivity

721.124

Characteristics

of

EP

Toxicity

SUBPART D:

LISTS OF HAZARDOUS WASTE

Section

721.130

General

721.131

Hazardous

Wastes

From

Nonspecific

Sources

721.132

Hazardous

Waste

From

Specific

Sources

721.133

Discarded Commercial Chemical Products, Off—

Specification Species, Container Residues and Spill

Residues Thereof

Appendix A

Representative Sampling Methods

73-171

---

ILLINOIS

REGISTER

POLLUTION CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS

Appendix

B

EP Toxicity Test Procedures

Appendix C

Chemical Analysis Test Methods

Table A

Analytical Characteristics of Organic Chemicals

(Repealed)

Table

B

Analytical Characteristics of Inorganic Species

(Repealed)

Table C

Sample Preparation/Sample Introduction Techniques

(Repealed)

Appendix G

Basis

for Listing Hazardous Wastes

Appendix H

Hazardous Constituents

Appendix

I

Wastes Excluded under Section 720.120 and 720.122

Table A

Wastes Excluded

from Non—Specific Sources

Table B

Wastes Excluded from Specific Sources

Table C

Wastes Excluded from Commercial Chemical Products,

Off—Specification Species, Container Residues, and

Soil

Residues

Thereof

Appendix

J

Method

of

Analysis

for

Chlorinated

Dibenzo—p—

Dioxins

and

Dibenzofurans

Appendix

Z

Table

to Section 721.102

AUTHORITY:

Implementing Section 22.4

and authorized by Section

27

of the Environmental Protection Act (Ill. Rev.

Stat.

1985,

ch.

ill

1/2,

pars.

1022.4

and

1027).

SOURCE:

Adopted

in R8l—22,

43

PCB

427,

at

5

Ill.

Reg.

9781,

effective

as noted

in 35

Ill.

Adm. Code 700.106;

amended and

codified

in R81—22,

45 PCB 317, at 6 Ill. Reg.

4828, effective as

noted

in 35 Ill. Adm. Code 700.106; amended

in R82—18,

51 PCB 31,

at 7

111.

Reg.

2518, effective February 22,

1983;

amended

in R82—

19,

53 PCB 131, at

7

Ill.

Reg. 13999, effective October 12, 1983;

amended

in R84—34,

61 PCB

247, 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.

Peg.

8112,

effective May

2,

1986;

amended

in

R86—l

at

10 Ill. Reg.

14002,

effective August 12, 1986;

amended

in R86—l9 at 10 Ill.

Peg.

,

effective

; amended

in R86—28 at 10

Ill.

Reg.

,

effective

SUBPART

D:

LISTS

OF HAZARDOUS WASTES

Section 721.132

Hazardous Waste from Specific Sources

The following solid wastes are listed hazardous wastes from

specific sources unless they are excluded

under 35

Ill.

Adm. Code

720.120 and 720.122 and

listed

in Appendix

I.

Wood Preservation:

73-172

---

ILLINOIS REGISTER

POLLUTION CONTROL

BOARD

TEXT

OF PROPOSED AMENDMENTS

KOOl

Bottom

sediment

sludge

from

the

treatment

(T)

of

wastewaters

from

wood

preserving

processes

that

use

creosote

and/or

pentachiorophenol.

Inorganic

Pigments:

K002

Wastewater

treatment

sludge

from

the

(T)

production

of

chrome

yellow

and

orange

pigments.

K003

Wastewater

treatment

sludge

from

the

(T)

production

of

molybdate

orange

pigments.

K004

Wastewater

treatment

sludge

from

the

(T)

production

of

zinc

yellow

pigments.

K005

Wastewater

treatment

sludge

from

the

(T)

production

of

chrome

green pigments.

K006

Wastewater

treatment

sludge

from

the

CT)

production

of

chrome

oxide

green

pigments

(anhydrous

and

hydrated).

K007

Wastewater

treatment

sludge

from

the

(T)

production

of

iron

blue

pigments.

K008

Oven

residue

from

the

production

of

chrome

(T)

oxide

green

pigments.

Organic

Chemicals:

K009

Distillation

bottoms

from

the

production

of

(T)

acetaldehyde from ethylene.

KOlO

Distillation

side

cuts

from

the

production

of

(T)

acetaldehyde

from

ethylene.

KOll

Bottom

stream

from

the

wastewater stripper

in

(R,T)

the

production

of

acrylonitrile.

K0l3

Bottom

stream

from

the

acetrontrile

column

(T)

in

the

production

of

acrylontrile.

K0l4

Bottoms

from

the

acetontrile

purification

(T)

column

in the production of acrylonitrile.

K0l5

Still bottoms from the distillation of benzyl

(T)

chloride.

K016

Heavy

ends

or

distillation

residues

from

the

(T)

production

of

carbon

tetrachloride.

K0l7

Heavy

ends

(still

bottoms)

from

the

(T)

purification

column

in

the

production

of

epichlorohydrin.

K0l8

Heavy

ends

from

the

fractionation

column

in

(T)

ethyl

chloride

production.

K0l9

Heavy

ends

from

the

distillation of ethylene

(T)

dichloride

in ethylene dichioride production.

K020

Heavy ends from

the distillation of vinyl

(T)

chloride

in vinyl chloride monomer

production.

K02l

Aqueous spent antimony catalyst waste

from

(T)

73-173

---

ILLINOIS

REGISTER

POLLUTION

CONTROL

BOARD

TEXT OF PROPOSED AMENDMENTS

fluoromethanes

production.

K022

Distillation

bottom

tars

from

the

production

(T)

of

phenol/acetone

from

cumene.

1(023

Distillation

light

ends

from

the

production

(T)

of

phthalic

anhydride

from

naphthalene.

K024

Distillation

bottoms

from

the

production

of

(T)

phthalic

anhydride

from

naphthalene.

K093

Distillation

light

ends

from

the

production

CT)

of phthalic anhydride from ortho—xylene.

1(094

Distillation

bottoms

from

the

production

(T)

of phthalic anhydride

from ortho—xylene.

K025

Distillation

bottoms

from

the

production

(T)

of

nitrobenzene

by

the

nitration

of

benzene.

K026

Stripping

still

tails

from

the

production

of

(T)

methyl

ethyl

pyridines.

K027

Centrifuge

and distillation residues from

(R,T)

toluene diisocyanate production.

K028

Spent

catalyst

from

the

hydrochiorinator

(T)

reactor

in

the production of 1,1,

l—tr ichloroethane.

1(029

Waste

from

the

product stream stripper

in

(T)

the production of l,l,l—trichloroethane.

1(095

Distillation bottoms from

the production of

(T)

1, l,l—trichloroethane.

K096

Heavy

ends

from

the

heavy

ends

column

from

(T)

the production of l,l,l—trichloroethane.

1(030

Column bottoms or heavy ends from the

(T)

combined production of trichloroethylene

and perchloroethylene.

K083

Distillation bottoms from aniline production.

(T)

Kl03

Process residues from aniline extraction

(T)

from

the

production

of

aniline.

Kl04

Combined

wastewater

streams generated from

(T)

nitrobenzene/aniline

production.

1(085

Distillation

or

fractionation

column

bottoms

from

the

production

of

chlorobenzenes.

1(105

Separated

aqueous

stream

from

the

reactor

(T)

product

washing

step

in

the

production

of

chlorobenzenes.

1(111

Product

wastewaters

from

the

production

of

(C,T)

dinitrotoluene

via

nitration

of

toluene.

Kl12

Reaction by—product water

from the drying

(T)

column

in the production of toluene—

diamine

via

hydrogenation

of

dinitrotoluene.

1(113

Condensed

liquid light ends from the

(T)

purification of toluenediamine

in the

production of toluenediamine via hydro-

genation of dinitroluene.

Kl14

Vicinals

from the purification of toluene—

(T)

73-174

---

ILLINOIS

REGISTER

POLLUTION

CONTROL

BOARD

TEXT

OF

PROPOSED

AMENDMENTS

diamine

in

the production of toluenediamine

via

hydrogenation

of

dinitrotolune.

1(115

Heavy ends from the purification of

CT)

toluenediamine

in

the

production

of

toluenediamine

via

hydrogenation

of

dinitrotoluene.

1(116

Organic

condensate

from

the

solvent

recovery

CT)

column

in

the

production

of

toluene

diisocyanate

via

phosgenation

of

toluene—

diamine.

1(117

Wastewater

from

the

reactor

vent

gas

scrubber

(~1

in the production of ethylene dibromide via

bromination of ethene.

K1l8

Spent adsorbent solids from purification of

(T)

ethylene dibromide

in

the production of

ethylene

dibromide

via

bromination

of

ethene.

1(136

Still

bottoms

from

the

purification

of

(T)

ethylene

dibromide

in

the

production

of

ethylene dibromide via bromination of ethene.

Inorganic Chemicals:

K07l

Brine

purification

muds

from the mercury

(T)

cell

process

in

chlorine

production,

where

separately

prepurified

brine

is

not

used.

K073

Chlorinated

hydrocarbon

waste

from

the

(T)

purification

step

of

the

diaphragm

cell

process

using

graphite

anodes

in

chlorine

production.

Kl06

Wastewater

treatment sludge from the mercury

CT)

cell process

in chlorine production.

Pesticides:

K03l

By—product

salts

generated

in

the

production

CT)

of

MSMA

and

cacodylic

acid.

1(032

Wastewater

treatment sludge from the

(T)

production of chlordane.

K033

Wastewater

and scrub water from the

(T)

chlorination of cyclopentadiene

in the

production of chiordane.

K034

Filter

solids

from

the

filtration

of

CT)

hexachlorocyclopentadiene

in

the

production

of

chiordane.

K097

Vacuum stripper discharge from the chlordane

(T)

chlorinator

in the production of chlordane.

K035

Wastewater

treatment sludges generated

in the

(T)

production of creosote.

K036

Still bottoms from toluene reclamation

(T)

73.175

---

ILLINOIS REGISTER

POLLUTION

CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS

distillation

in

the

production

of

disulfoton.

1(037

Wastewater

treatment

sludges

from

the

production

of

disulfoton.

1(038

Wastewater

from

the

washing

and

stripping

of

phorate

production.

1(039

Filter

cake

from

the

filtration

of

CT)

diethylphosphorodithioic

acid

in

the

production

of

phorate.

1(040

Wastewater

treatment

sludge

from

the

CT)

production

of

phorate.

K04l

Wastewater

treatment

sludge

from

the

(T)

production

of

toxaphene.

K098

Untreated process wastewater from the

(T)

production of toxaphene.

K042

Heavy ends or distillation residues

from the

(T)

distillation

of

tetrachlorobenzene

in

the

production of 2,4,5—T.

1(043

2,6—Dichlorophenol

waste from the production

of

2,4—D.

1(099

Untreated

wastewater

from

the

production

(T)

of

2,4—D.

Explosives:

1(044

Wastewater treatment sludges from the

(R)

manufacturing and

processing of explosives.

K045

Spent carbon from the treatment of wastewater

(R)

containing explosives.

K046

Wastewater

treatment sludges

from the

(T)

manufacturing,

formulation

and loading of

lead—based

initiating compounds.

K047

Pink/red water from TNT operations.

(R)

Petroleum Refining:

K048

Dissolved

air

flotation

(DAF)

float

from

the

(T)

petroleum

refining

industry.

1(049

Slop

oil

emulsion

solids

from

the

petroleum

CT)

refining industry.

1(050

Heat

exchanger

bundle

cleaning

sludge

from

CT)

the

petroleum

refining

industry.

K05l

API

separator

sludge

from

the

petroleum

CT)

refining industry.

K052

Tank

bottoms

(leaded)

from

the

petroleum

(T)

refining

industry.

Iron

and

Steel:

K06l

Emission

control

dust/sludge

from

the

primary

(T)

73-176

---

ILLINOIS

REGISTER

POLLUTION

CONTROL

BOARD

TEXT

OF

PROPOSED

AMENDMENTS

production

of

steel

in

electric

furnaces.

1(062

Spent

pickle

liquor

?~e~ generated

by

(C,T)

steel

finishing

operations

of

plants

that

produce

iron

and

steel.

Secondary

Lead:

1(069

Emission

control

dust/sludge

from

secondary

CT)

lead

smelting.

1(100

Waste

leaching

solution

from

acid

leaching

(T)

of emission control dust/sludge

from

secondary

lead

smelting.

Veterinary

Pharmaceuticals:

K084

Wastewater

treatment

sludges

generated

(T)

during the production of veterinary

pharmaceuticals

from

arsenic

or

organo—arsenic

compounds.

1(101

Distillation

tar residues

from the distillation(T)

of aniline—based compounds

in the production

of veterinary pharmaceuticals from arsenic

or

organo—arsenic compounds.

Kl02

Residue

from

use

of

activated

carbon

for

(T)

decolorization

in the production of veterinary

pharmaceuticals

from arsenic

or

organo—arsenic

compounds.

Ink Formulation:

1(086

Solvent washes and sludges, casutic washes

(T)

and sludges, or water washes and

sludges from

cleaning tubs and equipment used

in

the

formulation of ink from pigments, driers,

soaps and stabilizers containing chromium and lead.

Coking:

1(060

Ammonia still lime sludge from cooking

(T)

operations.

1(087

Decanter

tank

tar

sludge

from

cooking

CT)

opera tions.

(Source:

Amended

at

10

Ill.

Reg.

effective

)

73-177

---

ILLINOIS

REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

The Heading

of the Part:

Standards for Owners and Operators of

Hazardous Waste Treatment,

Storage and Disposal Facilities

Code Citation:

35

Ill. Adm. Code 724

Amendment

Amendment

Amendment

Amendment

Amendment

Amendment

New

Section

Amendment

Amendment

Amendment

Amendment

Amendment

Amendment

Amendment

Amendment

Amendment

Amendment

Amendment

Section

Numbers:

_______________

Proposed

Action:

724.210

724.211

724.212

724 .213

724.214

724.215

724 .216

724.217

724.218

724.219

724.220

724.241

724.242

724.243

724.244

724. 245

724.247

724.251

Statutory Authority:

1022.4 and 1027.

A Complete Description of the Subjects and Issues Involved:

A complete description

is contained

in the Board’s Proposed

Opinion of October

9,

1986,

in R86—28, which Opinion

is available

from the address below.

This proposal updates the Illinois RCRA

hazardous waste

rules

to agree with rules adopted by USEPA

between April

1 and June

30, 1986.

As provided by Section

22.4(a)

of the Environmental Protection Act, this rulemaking

is

not subject to Section

5 of the Administrative Procedure Act, and

is hence not subject

to second notice review by JCAR.

Part

724

is drawn

from 40 CFR 264.

The amendments are drawn from

51 Fed. Reg.

16443.

They modify the requirements for closure and

financial assurance.

Will this proposed rule replace an emergency rule currently in

effect?

No.

Does this rulemaking contain

an

Ill.

Rev.

Stat.

1985,

ch.

111

1/2,

pars.

automatic repeal

date?:

No.

73-178

---

ILLINOIS REGISTER

POLLUTION

CONTROL

BOARD

NOTICE

OF

PROPOSED

AMENDMENTS

Are there any other amendments pending on this Part?

No.

Statement of Statewide Policy Objectives:

This rulemaking

is mandated by Section 22.4 of the Environmental

Protection Act.

The statewide policy objectives are set forth

in

Section

20

of that Act.

Time, Place

and Manner

in which interested persons may comment •on

this proposed rulemaking:

The Board will accept written public comment on this proposal

for

a period

of

45 days after

the date of

this publication.

Comments

should reference Docket R86—28

and

be addressed

to:

Ms. Dorothy H.

Gunn,

Clerk

Illinois Pollution Control

Board

State of Illinois Center,

Suite 11—500

100 W.

Randolph St.

Chicago,

IL 60601

Initial Regulatory Flexibility Analysis:

Date

rule

was

submitted

to

the

Small

Business

Office

of

the

Department

of

Commerce

and

Community

Affairs:

October

15,

1986

Types of small businesses affected:

The existing

rules

and amendments affect small businesses

which generate,

transport,

treat,

store or dispose

of

hazardous waste.

Reporting, Bookkeeping or other procedures required for

compliance:

The existing

rules require permits and substantial

reporting

and bookkeeping.

The amendments modify

the requirements

concerning closure plans, post—closure care plans,

financial

assurance and liability insurance.

Types of professional skills necessary for compliance:

The existing rules

and amendments may require the services

of

an attorney,

a certified public accountant,

a chemist and

a

registered professional engineer.

The full

text of the Proposed Amendments

is as follows:

73-

179

---

ILLINOIS

REGISTER

POLLUTION CONTROL BOARD

TEXT

OF

PROPOSED

AMENDMENTS

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE

G:

WASTE DISPOSAL

CHAPTER

I:

POLLUTION

CONTROL

BOARD

SUBCHAPTER

c:

HAZARDOUS WASTE OPERATING REQUIREMENTS

PART

724

STANDARDS

FOR

OWNERS

AND

OPERATORS

OF

HAZARDOUS

WASTE

TREATMENT,

STORAGE

AND

DISPOSAL

FACILITIES

SUBPART A:

GENERAL PROVISIONS

Section

724.101

Purpose, Scope

and Applicability

724.103

Relationship to Interim Status Standards

SUBPART

B:

GENERAL

FACILITY

STANDARDS

Section

724.110

Applicability

724.111

Identification

Number

724.112

Required Notices

724.113

General Waste Analysis

724.114

Security

724.115

General

Inspection

Requirements

724.116

Personnel Training

724.117

General Requirements for Ignitable, Reactive or

Incompatible Wastes

724.118

Location Standards

SUBPART

C:

PREPAREDNESS

AND

PREVENTION

Section

724.130

Applicability

724.131

Design and Operation of Facility

724.132

Required Equipment

724.133

Testing and Maintenance of Equipment

724.134

Access to Communications or Alarm System

724.135

Required Aisle Space

724.137

Arrangements With Local Authorities

SUBPART

D: CONTINGENCY PLAN AND EMERGENCY PROCEDURES

Section

724.150

Applicability

724.151

Purpose

and Implementation of Contingency Plan

724.152

Content

of

Contingency

Plan

724.153

Copies

of

Contingency

Plan

724.154

Amendment

of

Contingency

Plan

724.155

Emergency

Coordinator

73-180

---

ILLINOIS

REGISTER

724.156

Emergency

Procedures

SUBPART

E:

MANIFEST

SYSTEM,

RECORDKEEPING

AND

REPORTING

Applicability

Use of Manifest System

Manifest Discrepancies

Operating Record

Availability,

Retention

and

Disposition

of

Records

Annual

Report

tJnmanifested Waste Report

Additional Reports

SUBPART F:

RELEASES FROM SOLID WASTE MANAGEMENT UNITS

Section

724.190

724.191

724.192

724.193

724.194

724.195

724.

196

725.197

724.198

724. 199

724. 200

724. 201

Applicability

Required Programs

Groundwater

Protection Standard

Hazardous Constituents

Concentration Limits

Point of Compliance

Compliance Period

General Groundwater Monitoring Requirements

Detection Monitoring Program

Compliance Monitoring Program

Corrective Action Program

Corrective Action

for Solid Waste Management Units

SUBPART

G:

CLOSURE AND POST—CLOSURE

Applicability

Closure

Performance

Standard

Closure

Plan;

Amendment

of

Plan

Closure;

Time

Allowed

For

Closure

Disposal

or

Decontamination

of

Equipment

Certification

of

Closure

Post—Closure

Care

and

Use

of

Property

Post-Closure Plan;

Amendment of Plan

Notice of Local Land Authority

Notice

in Deed

to Property

SUBPART H:

FINANCIAL REQUIREMENTS

Applicability

Definitions of Terms As Used

In This Subpart

POLLUTION CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS

Section

724. 170

724.171

724.

172

724.173

724.

174

724.175

724.

176

724.177

Section

724. 210

724.211

724. 212

724. 213

724.

214

724.215

724. 217

724.218

724. 219

72 4. 220

Section

724.240

724. 241

73.181

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

TEXT

OF

PROPOSED

AMENDMENTS

Cost

Estimate

for

Closure

Financial

Assurance

for

Closure

Cost Estimate

for Post—Closure Care

Financial

Assurance

for

Post—Closure

Care

Use

of

a

Mechanism

for

Financial

Assurance

of

Both

Closure

and

Post—Closure

Care

Liability Requirements

Incapacity

of

Owners

or

Operators,

Guarantors

or

Financial Institutions

Wording of the Instruments

SUBPART

I:

USE AND MANAGEMENT OF CONTAINERS

Section

724.

270

724.271

724.272

724.

2 73

724. 274

72 4. 275

724.

276

724. 277

724. 278

Section

724.320

724. 321

724.

322

724.326

724.327

724. 328

724.329

Applicability

Condition of Containers

Compatibility of Waste With Container

Management of Containers

Inspections

Containment

Special Requirements for Ignitable or Reactive Waste

Special Requirements

for Incompatible Wastes

Closure

SUBPART

J:

TANKS

Applicability

Design

of

Tanks

General Operating Requirements

Inspections

Closure

Special Requirements for

Ignitable

or

Reactive

Waste

Special Requirements

for Incompatible

Wastes

Special

Requirements

for

Hazardous

Wastes

F020,

F02l,

F022,

F023,

F026

and

F027

SUBPART

K:

SURFACE

IMPOUNDMENTS

Applicability

Design

and

Operating

Requirements

Double—lined Surface Impoundments:

Exemption

from

Subpart

F: Groundwater Protection Requirements

(Repealed)

Monitoring

and Inspection

Emergency Repairs; Contingency Plans

Closure

and Post—Closure Care

Special Requirements for Ignitable or Reactive Waste

724.

242

724. 243

724. 244

724.24

5

724. 246

724.247

724. 248

724.251

Section

724.

290

724.291

724.

292

724.

2 94

724.

297

724.

298

724. 299

724.300

73-182

---

ILLINOIS REGISTER

Section

724. 350

724. 351

724. 352

724.

353

724. 354

724.356

724.

357

724. 358

724.359

Special Requirements for Incompatible Wastes

Special Requirements

for Hazardous Wastes F020, P021,

F022,

F023,

F026

and

F027

Applicability

Design

and

Operating

Requirements

Double—lined Piles:

Exemption from Subpart

F:

Groundwater Protection Requirements (Repealed)

Inspection of Liners:

Exemption from Subpart

F:

Groundwater Protection Requirements

(Repealed)

Monitoring

and Inspection

Special Requirements

for Ignitable or Reactive Waste

Special Requirements

for Incompatible Wastes

Closure

and

Post—Closure

Care

Special Requirements for -Hazardous Wastes

F020,

P022,

P023,

P026

and

F027

SUBPART H:

LAND TREATMENT

Applicability

Treatment Program

Treatment Demonstration

F02l,

Design

and Operating Requirements

Food—chain

Crops

Unsaturated Zone Monitoring

Recordkeeping

Closure

and Post—Closure Care

Special

Requirements

for

Ignitable

or

Reactive

Waste

Special

Requirements

for

Incompatible

Wastes

Special

Requirements

for

Hazardous

Wastes

P020,

P021,

F022,

P023,

F026

and

F027

Applicability

Design

and

Operating Requirements

Double—lined

Landfills:

Exemption

from

Subpart

F:

Groundwater

Protection

Requirements

(Repealed)

Monitoring

and

Inspection

Surveying

and

Recordkeeping

Closure

and

Post—Closure

Care

Special

Requirements

for

Ignitable

or

Reactive

Waste

Special

Requirements

for

Incompatible

Wastes

Special

Requirements

for

Bulk

and

Containerized

724. 330

724. 331

POLLUTION

CONTROL

BOARD

TEXT

OF

PROPOSED

AMENDMENTS

SUBPART

L:

WASTE

PILES

Section

724.370

724.371

724. 372

724.

3 73

724. 376

724.378

724.379

72 4. 380

724.

381

72 4.

3 82

724.

383

Section

724.400

724.401

724. 402

724.403

724. 409

724. 410

724. 412

724. 413

724.414

SUBPART

N:

LANDFILLS

73-183

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

TEXT

OF

PROPOSED

AMENDMENTS

Liquids

724.415

Special

Requirements

for

Containers

724.416

Disposal

of

Small

Containers

of

Hazardous

Waste

in

Overpacked

Drums

(Lab

Packs)

724.417

Special

Requirements

for

Hazardous

Wastes

F020,

P021,

F022,

P023,

F026

and

F027

SUBPART

0:

INCINERATORS

Section

724.440

Applicability

724.441

Waste Analysis

724.442

Principal Organic Hazardous Constituents (POHCs)

724.443

Performance Standards

724.444

Hazardous Waste Incinerator Permits

724.445

Operating Requirements

724.447

Monitoring

and Inspections

724.451

Closure

Appendix A

Recordkeepirxg Instructions

Appendix

B

EPA

Report

Form

and

Instructions

(Repealed)

Appendix

D

Cochran’s Approximation to the Behrens—Fisher

Student’s t—test

Appendix

E

Examples

of

Potentially

Incompatible

Waste

AUTHORITY:

Implementing

Section

22.4

and

authorized

by

Section

27

of the Environmental Protection Act (Ill. Rev.

Stat.

1985,

ch.

111 1/2, pars. 1022.4

and 1027).

SOURCE:

Adopted

in R82—19,

53 PCB 131,

at

7 Ill. Reg.

14059,

effective October 12,

1983;

amended

in R84—9

at

9

Ill.

Reg.

11964,

effective

July

24,

1985;

amended

in R85—22 at 10 Ill.

Reg.

1136, effective January

2, 1986;

amended

in R86—l at 10 Ill.

Reg.

14119,. effective August

12,

1986;

amended

in R86—28 at 10 Ill.

Reg.

,

effective

SUBPART G:

CLOSURE AND POST-CLOSURE

Section 724.210

Applicability

Except as Section 724.101 provides otherwise:

a)

Section 724.211 through 724.215

(which concern closure)

apply to the owners and operators of all hazardous waste

management facilities;

and

b)

Sections

4~234724.216 through 724.220

(which concern

post—closure care)

apply to the owners and operators of:

73-184

---

ILLINOIS

REGISTER

POLLUTION CONTROL BOARD

TEXT

OF

PROPOSED

AMENDMENTS

1)

All

hazardous

waste

disposal

facilities;

and

2)

Waste pPiles7 and surface impoundments from which

the owner or operator

intends

to remove the wastes

at closure7 to

the extent that these ~5Sectionsare

made applicable

to such facilities

in

Sections

724.328

eii~or 724.358.

(Source:

Amended

at

Ill.

Reg.

effective

)

Section

724.211

Closure

Performance

Standard

The owner

or operator m~5~shallclose

the facility

in

a manner

that:

a)

Minimizes the need for further maintenance7

and

b)

Controls, minimizes or eliminates,

to the extent

necessary to

e~ei~

~three~steprotect human.health

and

the

environment,

post-closure

escape

of

hazardous

waste,

hazardous

we8t~ constituents,

leachate,

contaminated

4i’~?e~run-off

or

hazardous

waste

decomposition

products

to

the

ground

or

surface

waters

or

to

the

atmosphere~

and

C)

Complies

with

the

closure requirement of this Part

including,

but

not

limited

to,

the

requirements

of

Sections

724.278,

724.297,

724.328,

724.358,

724.380,

724.410

and

724.451.

(Source:

Amended

at

Ill.

Reg.

effective

Section

724.212

Closure

Plan;

Amendment

of

Plan

a)

Written

Plan.

1)

The

owner

or

operator

of

a

hazardous

waste

management

facility

i~etshall

have

a

written

closure

plan.

In

addition,

certain surface

impoundments and waste piles

from which the owner

or operator

intends to remove or decontaminate

the

hazardous waste

at partial

or final

closure are

required

by Sections 724.328(c)(l)(A)

and

724.358(c)(1)(A)

to have contingent closure

73-185

---

ILLINOIS

REGISTER

POLLUTION

CONTROL

BOARD

TEXT

OF PROPOSED AMENDMENTS

plans.

The

plan

must

be

submitted

with

the

permit

application,

in

accordance

with

35

Ill.

Adm.

Code

703.183,

and

approved

by

the

Agency

as

part

of

the

permit

issuance

proceeding

under

35

Ill.

Adm.

Code

705.

In

accordance

with

35

Ill.

Adm.

Code

703.241,

the approved closure plan will become

a condition

of

any

RCRA

permit.

2)

The Agency’s ~ee4e~et’~

,n~ateee~reapprovalof the

p~anmust ensure that

the

approved

closure

plan

is

consistent with Sections 724.2117

44~~

4~3~47

through 724.215 and the applicable requirements of

Sections 724.190

et seg.,~724.278,724.297,

724.328,

724.358,

724.380,

724.410

and

724.451.

Until

final closure

is completed and certified

in

accordance with Section 724.215,

aA copy of the

approved plan and all approved revisions to the

plan must be

kept at

the

?ee4~4ty

~i~t4~

e1ee~e

4e

eemp~ete~ei~ eeft~?4e~

411t

eeeet~eriee

with

Seet4ei’t

43~~

furnished

to the Agency upon request,

including request by mail.

b)

Content of plan.

The plan must identify steps necessary

to ee~p~ete~y

o~pert4e34y e~eeeperform partial and/or

final

closure

of

the

facility

at

any

point

during

its

4i’~ten~e~

eperet4i~

~4’?e

ei~ te

eei~tp~ete~y

e~ese the

~?ee4~4ty at the e~e?

4ts 4i’~tei~e~

epe~et4i~active

life.

The closure plan must include, at least:

1)

A description of how ai~whei’~the ~?ee4~4ty

w~4 he

pe~t4e~ye1eee~7

4~?

epp4teaHe7 ai~~?4i’~e~y

e~eee~eachhazardous waste management unit at the

facility will

be closed

in accordance with Section

724.211

2)

A description of how final closure of the facility

will

be conducted

in accordance with Section

724.211.

The

description

must

identify

the

maximum

extent

of

the

operations

which

will

be

unclosed

during

the

active

life

of

the

facilityT

ei~

hew

the

~e4~e~e~ts

e?

Seet4ei’te

433~

4~3~7~4~34y

4-~S

ei~ the

epp~4eeh~e~eeure

re

4re~ei’Lte

e~?

6eet4ei~s

4~By

4T~~7

4~&y

24T3~87

4T~8G7

4~434ai’t~

4-*~3~

wt~

be

ftet;and

3~) An estimate of the maximum

inventory of wastes

4i’~

etere~eet~

4i’t

tfeetme1’~t et

e~y t4me

~4t’tg

the

hazardous wastes ever on—site over the active life

of the facility and

a detailed description of the

73-186

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS

methods

to

be

used

during

partial

closures

and

final

closure, including, but not limited

to,

methods for removing, transporting, treating,

storing

or disposing

of all hazardous wastes,

and

identification of the

type(s)

of off—site hazardous

waste

management

units

to

be

used,

if

applicable;

anth-

*Any

ehei~e 4~th4.s

eet4atete

4e

e

i~4i’te~r

a~e~4?4eet4er~

~

3S

H4~

A~t

ee~e

9~H~+t

34)

A detailed description of the steps needed

to

remove or decontaminate ~?ee4~4ty

e~~pl~ertt

~r4i~

e~ee~rei-a~allhazardous waste residues and

contaminated containment system components,

equipment,

structures and soils during partial

and

final closure, including, but not limited

to1

procedures

for cleaning equipment and removing

contaminated soils, methods for sampling and

testing surrounding

soils and criteria for

determining

the extent of decontamination required

to satisfy the closure performance standard;

and

5)

A detailed description

of

other

activities

necessary during

the closure period

to ensure that

all partial closures and final closure satisfy the

closure performance standards, including,

but not

limited

to, groundwater monitoring,

leachate

collection,

and run—on and run—off control;

and

4+

~in

est4mete

e~ the

e~cpeeted

yee~ e~ e4ee~e

ei’t~

eehe&~e ?er

?4i’te~e~ee~re

6)

A schedule

for closure of each hazardous waste

management unit and for final

closure of the

facility.

The schedule must include, at a minimum,

the total

time required

to close the ?ee4~4tyeach

hazardous waste management unit and the

time

required

for intervening closure activities which

will allow tracking of the progress of partial

and

final closure.

(For example,

in the case of a

landfill unit, estimates of the time required

to

treat and dispose of all hazardous waste inventory

and

of

the

time

required

to

place

a

final

cover

must be included.)

7)

For facilities that use trust

funds to

establish

financial assurance under Section 724.243

or

724.245 and that are expected

to close

prior

to the

expiration of the permit, an estimate of the

expected year of final closure.

73-187

---

ILLINOIS REGISTER

POLLUTION

CONTROL

BOARD

TEXT OF PROPOSED AMENDMENTS

h4c) Amendment of the plan.

The owner or operator ~ey et~er~d

the

e~os~rep~ei’tat

e~y t4a~ed~r4i~

the eet4ve ~4fe of

the

fae4Hty~

4Phe

eet4,e

44fe

of

the

fee4~4ty

~s

that

~pet4ed

d~r4i~’g

w~4ehwastes

are

pe

odtee~4y reee4veth~+

shall submit a written request

for

a permit modification

to

authorize

a

change

in

operating

plans,

facility

design

or

the

a~proved

closure

plan

in

accordance

with

the

procedures

in

35

Ill.

Adm.

Code

702,

703

and

705.

The

written

request

must

include

a

copy

of

the

amended

closure plan

for approval by the Agency.

1)

The owner or operator may submit a written request

to the Agency for

a permit modification to amend

the closure plan at any time prior

to notification

of partial

or final closure of the

facility.

2)

The owner

or operator ~st

emei’~dthe shall

submit a

written request

for

a permit modification

to

authorize

a change

in the approved closure plan

whenever:

A)

Cehanges

in operating plans or facility design

affect the closure plan,

or wherte~eft

B)

There

is

a change

in the expected year of

closure,

if applicable.

W~ei’t4t re~estea

perm4t

me

f~eet4er~

te e~ther4rea ehei~e4~

epat4t~

p~ar~s

er

?ae4~tty

dest~y

the

ew~er

er

eperater

~st

req~est

a

med4f4eet4e~ of

the

e4es~rep~enat

the

same

t4me

4see

3&

H4~

Adm~

9ede

95

2~4e-~

~f

a

perm4t

med4?4eet4et’~

4e

,‘iet

t’~eeded te

et~ther4rethe

ehei~e 4i~

eperat4i~p~erisor

fe’e4~4ty des4~e7

the

req~est

fer

me4f4eat4or~

of

the e~est~re

p4ei’~,~st

he

ftede

w4th4i’~69

days

after

the

ehei~e

~

p~ei’~ser des4~eee*~re~

~Boerd

Netei

9ha~es

4i’t

est4~etee

of

~aic4i~m

~4~iwei’~tery ai’~d e?

the

est4meted year of e~est~re

~der

Seet4en

47~~a942+

arid

-*4+

mey

he

mede as ~4rierperm4t

med4f4eet4oris

~rider3~

H4

?~dm~

9ede

Gi&~4e+~+

C)

In conducting partial

or final

closure

activities, unexpected

events require

modification of the approved closure plan.

3)

The owner

or operator shall

submit a written

73-188

---

ILLINOIS

REGISTER

POLLUTION CONTROL BOARD

TEXT

OF PROPOSED AMENDMENTS

request for

a permit modification including a copy

of

the

amended

closure

plan

for

approval

at

least

60 days prior

to the proposed change

in the

facility

design

or

operation,

Or

no

later

than

60

days

after

an unexpected

event has occurred which

has affected the closure plan.

If an unexpected

event occurs during the partial

or final closure

period, the owner or operator shall

request a

permit modification no later

than

30 days after

the

unexpected event.

An owner

or operator of a

surface

impoundment or waste

pile that intends to

remove

all hazardous waste

at closure and

is not

otherwise required

to prepare a contingent closure

plan under Sections 724.328(c)(l)(A)

or

724.358(c)(l)(A),

shall

submit an amended closure

plan

to

the Agency no later than

60

days

after

the

date

the owner or operator or Agency determines

that the hazardous waste management unit must be

closed

as

a landfill, subject

to the requirements

of Section 724.410,

or

no later than 30 days after

that date

if the determination is made during

partial

or final closure.

The Agency shall

approve, disapprove or modify this amended plan

in

accordance

with

the

procedures

in

35 Ill. Adm. Code

702,

703

and

705.

In

accordance

with

35

Iii.

Adm.

Code 702.160 and 703.241,

the approved closure plan

will become

a condition of any RCRA permit issued.

4)

The Agency may request modifications

to

the plan

under

the conditions described

in Section

724.2l2(c)(2).

The owner

or operator shall

submit

the modified ~lan within 60 days after

the Agency’s

request, or within 30 days

if the change

in

facility cor)ditions occurs during partial

or final

closure.

Any modifications requested by the Agency

shall be approved

in accordance with the procedures

in

35 Ill. Adm. Code 702,

703 and 705.

d)

Notification of partial

closure and final closure.

le)

The owner

or operator i~stshall notify the Agency

in writing at least ~99 60 days prior

to the date

on which the owner

or operator expects

to begin

closure of a surface impoundment~waste pile,

land

treatment or landfill

unit~~,or final

closure of

a

facility with such

a unit.

The owner

or operator

shall notify the Agency in writing

at least

45 days

prior

to

the date on which the owner

or operator

expects

to begin

final closure of

a

facility with

73.189

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

TEXT

OF PROPOSED AMENDMENTS

only treatment or storage tanks, container storage,

or

incinerator units to be closed.

2)

The date when the owner or operator “expects to

begin closure” must be either

no later

than 30 days

after

the date on which any hazardous waste

management unit receives the known

final volume of

hazardous wastes or~if there

is a reasonable

possibility that the hazardous waste management

unit will receive additional hazardous wastes, no

later than one year after

the date on which the

unit received the most recent volume of hazardous

waste.

If the owner

or operator of a hazardous

waste management unit demonstrates to

the Agency

that the hazardous waste management unit or

facility has the capacity to receive additional

hazardous wastes and

that the owner

and operator

have taken, and will continue

to take,

all

steps

to

prevent threats to

human health and the

environment, including compliance with all

applicable permit requirements,

the Agency shall

approve an extension

to this one—year limit.

3)

If the facility’s permit is terminated,

or

if the

facility

is otherwise ordered, by judicial decree

or

final order

under Section 3008 of the Resource

Conservational Recovery Act, or the Environmental

Protection

Act,

to

cease

receiving

hazardous

wastes

or

to close, then the requirements of this

subsection

do

not

apply.

However1

the

owner

or

operator shall

close

the facility in accordance

with the deadlines established

in Section 724.213.

e)

Removal

of wastes and decontamination or dismantling of

equipment.

Nothing., in this Section shall preclude the

owner

or operator

from removing hazardous wastes and

decontaminating or dismantling equipment

in accordance

with the approved partial

or final closure plan at any

time

before

or

after

notification

of

partial

or

final

closure.

4Beerd Nete

Phe date wheri the owner er operator

-‘e~cpeetsto be’!4ri e~es~re~

sho~dbe w~th4ri39 days

after the date 4t eipeets to reee4,e the i4ria~~o~ti~~eof

weste-

~?

the fee4~4ty~e

perm4t

4e

term4rtated7 er 4f

the fae4~4ty~e otherw4se erdered7 by ~d4e4a3

deeree er

Beard Brder ~rider~4t4e ~

of the ~4~rie4s

En~4rerimerita~Proteet4on ACt~to eease reee4y4ri~wastes

er to e&eee7 then the req~4remeritof th4e para~rephdoes

73-190

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS

riot epp~yT Hewe~er~the owner ~eroperator atust e~ose

the fae4~4ty~riee’eordariee

w4~ththe

deed44ries

esteM4shed

4ri

Seet4eri

4~~T3

(Source:

Amended

at

Ill.

Reg.

effective

Section 724.213

Closure; Time Allowed

for Closure

a)

All permits shall

require

that, within 90

days after

receiving the final volume of hazardous waste at

a

hazardous waste management unit or

facility, the owner

or operator

treat, remove from the e4teunit or

facility,

or dispose of on—site,

all hazardous wastes

in accordance with the approved closure plan, unless the

owner

or

operator

makes

the

following

demonstration

by

way of permit application or modification application.

The Agency meyshall approve

a longer

period

if the owner

or operator demonstrates that:

1)

A)

The activities required

to comply with this

pere~raph

subsection

will,

of necessity,

take

longer than 90 days

to complete;

or

B)

i)

The hazardous waste management unit or

facility has the capacity to receive

additional hazardous wastes;

and

ii)

There

is a reasonable likelihood

that a

person

ether

than

the

owner

or

operator

or

another

person

will

recommence

operation of the e4tehazardous waste

management unit or

facility within one

year and

iii) Closure of the hazardous waste management

unit or facility would

be incompatible

with continued operation of the site; and

2)

The owner

or operator has taken

and will continue

to take all steps

to

prevent threats

to human

health and

the environment, including compliance

with all applicable permit requirements.

73-191

---

ILLINOIS REGISTER

POLLUTION

CONTROL

BOARD

TEXT

OF

PROPOSED

AMENDMENTS

b)

All

permits

shall

require

that

the

owner

or

operator

complete partial and final closure activities in

accordance with the approved closure plan and within 180

days after receiving the final volume of hazardous

wastes at the hazardous waste management unit or

facility, unless the owner or operator makes the

lollowing

demonstration

by

way

of

permit

application

or

modification

application.

The

Agency

ftteyshall

approve

a

longer

closure

period

if

the

owner

or

operator

demonstrates that:

1)

A)

The partial

or final closure

activities will,

of necessity,

take longer than 180 days to

complete; or

B)

i)

The hazardous waste management unit or

facility

has

the

capacity

to

receive

additional wastes;

ii)

There

is reasonable likelihood that a

person other than the owner

or operator

or

another

person

will

recommence

operation of the s4tehazardous waste

management unit or

facility within one

year

and

iii) Closure of the hazardous waste management

unit

or

facility

would

be

incompatible

with

continued

operation

of

the

site;

and

2)

The owner orand operator hashave taken

and will

continue

to take all steps

to prevent threats to

human health and the environment

from the unclosed

but 4riee44~’enotoperating hazardous waste

management unit or

facility including compliance

with all applicable permit requirements.

-(Beard

Netei

~tny

e~teris4ori of

the

99

er ~8&

day

per4od

4ri th4s Beet4eri mey be mede as a Mnor

~~ted4f4eat4on~rider3~H4~

~dm~

9ede ~93~8~

~nder para~raphs-(e~+.(B3end -(h4-U+-(B+7 4?

eperat4on of the s4te 4s reeommerieed7 the ~eriey

may defer eemp4et4eri of e~os~reaet4~4t4eserit4~

the new eperat~on45 term4riated+

73. 192

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS

c)

The

demonstrations

referred

to

in

subsections

(a)

and

(b)

shall

be made as follows:

1)

The demonstration

in subsection

(a)

shall be made

at least 30 days prior

to the expiration of the 90—

day period

in subsection

(a); and

2)

The demonstration in subsection

(b)

shall

be made

at

least

30 days prior

to the expiration of the

180—day period

in subsection

(b).

(Source:

Amended

at

Ill.

Reg.

effective

Section 724.214

Disposal

or Decontamination of Equipment~

Structures and Soils

When ‘e4ost~re45 ee~p4eted7a34 fee4~4tyDuringthe partial

and

final

closure periods, all contaminated equipment, end structures

mast have beenand soils must be properly disposed

of7 or

decontaminated

by

reme~’4nig

a~4 harardees

waste

end

res4d~esTunlessotherwise specified

in Sections 724.328,

724.358,

724.380,

or 724.410.

By removing any hazardous wastes or

hazardous

constituents

during

partial

and

final

closure,

the

owner

or

operator

may

become

a

generator

of

hazardous