1

ILLINOIS POLLUTION CONTROL BOARD

April 6, 2006

Proposed Rule. Proposal for Public Comment.

ORDER OF THE BOARD (by G.T. Girard):

SUMMARY OF TODAY’S ACTION

This identical-in-substance rulemaking consists of three separate consolidated dockets. The rulemaking would update the Illinois underground injection control, municipal solid waste landfill, and hazardous waste regulations to incorporate revisions to the federal regulations. The federal amendments that prompted this action were made by the United States Environmental Protection Agency (USEPA) during the period of July 1, 2005 through December 31, 2005, as well as March 23, 2006 amendments affecting earlier hazardous waste amendments. This proceeding proposes amendments to 35 Ill. Adm. Code 702 through 705, 720 through 726, 728, 733, 738, 810, and 811. It further proposes the addition of new 35 Ill. Adm. Code 727. This proposal for public comment would also make a series of non-substantive corrections and stylistic revisions to segments of the text that are not otherwise affected by the covered federal amendments, principally to the text of 35 Ill. Adm. Code 702, 704, and 730.

This order and the related opinion propose identical-in-substance amendments in three distinct program areas:

Sections 13(c), 22.40(a), and 22.4(a) also provide that Title VII of the Act and Section 5 of the Administrative Procedure Act (5 ILCS 100/5-35 and 5-40 (1998)) do not apply to the Board’s adoption of identical-in-substance regulations.

This order is supported by an opinion that the Board also adopts today. The Board will cause the proposed amendments to be published in the Illinois Register and will hold the docket open to receive public comments for 45 days after the date of publication.

The Clerk is directed to cause publication of the following proposed amendments in the Illinois Register:

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

SUBPART B: PERMIT APPLICATIONS

Section

SUBPART C: PERMIT CONDITIONS

Section

SUBPART D: ISSUED PERMITS

Section

AUTHORITY: Implementing Sections 7.2, 13, and 22.4 and authorized by Section 27 of the Environmental Protection Act [415 ILCS 5/7.2, 13, 22.4, and 27].

SOURCE: Adopted in R81-32, 47 PCB 93, at 6 Ill. Reg. 12479, effective May 17, 1982; amended in R82-19, at 53 PCB 131, 7 Ill. Reg. 14352, effective May 17, 1982; 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 R86-1 at 10 Ill. Reg. 14083, effective August 12, 1986; amended in R86-28 at 11 Ill. Reg. 6131, effective March 24, 1987; amended in R87-5 at 11 Ill. Reg. 19376, effective November 12, 1987; amended in R87-26 at 12 Ill. Reg. 2579, effective January 15, 1988; amended in R87-29 at 12 Ill. Reg. 6673, effective March 28, 1988; amended in R87-39 at 12 Ill. Reg. 13083, effective July 29, 1988; amended in R89-1 at 13 Ill. Reg. 18452, effective November 13, 1989; amended in R89-2 at 14 Ill. Reg. 3089, effective February 20, 1990; amended in R89-9 at 14 Ill. Reg. 6273, effective April 16, 1990; amended in R92-10 at 17 Ill. Reg. 5769, effective March 26, 1993; amended in R93-16 at 18 Ill. Reg. 6918, effective April 26, 1994; amended in R94-5 at 18 Ill. Reg. 18284, effective December 20, 1994; amended in R95-6 at 19 Ill. Reg. 9913, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 11210, effective August 1, 1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 532, effective December 16, 1997; amended in R99-15 at 23 Ill. Reg. 9359, effective July 26, 1999; amended in R00-11/R01-1 at 24 Ill. Reg. 18585, effective December 7, 2000; amended in R06-16/R06-17/R06-18 at 30 Ill. Reg. ________, effective ______________________.

BOARD NOTE: Derived in significant part from 40 CFR 144.1 (1993) and 270.1 (1992) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

The filing of any document pursuant to any provision of this Part as an electronic document is subject to 35 Ill. Adm. Code 720.104.

BOARD NOTE: Derived from 40 CFR 3 and 145.11(a)(33), as added, and 40 CFR 271.12(h) (2005), as amended at 70 Fed. Reg. 59848 (Oct. 13, 2005).

(Source: Added at 30 Ill. Reg. ________, effective ______________________)

BOARD NOTE: Derived from 40 CFR 144.5 (1993) and 270.12 (1992) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

The centralized incorporation by reference provisions of 35 Ill. Adm. Code 720.111 includes include the incorporation of all sources incorporated documents by reference for that are used to establish compliance with the requirements of the Illinois RCRA and UIC programs.

BOARD NOTE: This Section corresponds with 40 CFR 270.6 (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Unless the contrary intention is indicated, all actions taken by the Agency under pursuant to 35 Ill. Adm. Code 702 through 704, 721 through 726, 728, 730, or 733, 738, or 739 are to be done as part of an original permit application or a proceeding for modification of an issued permit. Such actions are subject to the procedural requirements of 35 Ill. Adm. Code 705.

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Any person may file a civil complaint with the Board alleging violation of the RCRA or UIC regulations, a permit requirement, or permit conditions, pursuant to Title VIII of the Environmental Protection Act [415 ILCS 5/Title VIII] and 35 Ill. Adm. Code 103.

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

The following definitions apply to 35 Ill. Adm. Code 702, 703, 704, and 705. Terms not defined in this Section have the meaning given by the appropriate Act act and regulations, as such are defined in this Section. When a defined term appears in a definition, the defined term is sometimes placed within quotation marks as an aid to readers. When a definition applies primarily to one or more programs, those programs appear in parentheses after the defined terms.

“Act” or “Environmental Protection Act” means the Environmental Protection Act [415 ILCS 5].

“Administrator” means the Administrator of the United States Environmental Protection Agency or an authorized representative.

“Agency” means the Illinois Environmental Protection Agency.

“Application” means the Agency forms for applying for a permit. For RCRA, application also includes the information required by the Agency under pursuant to 35 Ill. Adm. Code 703.182 through 703.212 (contents of Part B of the RCRA application).

“Appropriate act and regulations” means the federal Resource Conservation and Recovery Act (RCRA), the federal Safe Drinking Water Act (SDWA), or the “Environmental Protection Act,” whichever is applicable, and the applicable regulations promulgated under those statutes.

“Approved program or approved state” means a state or interstate program that has been approved or authorized by USEPA under pursuant to 40 CFR 271 (1996) (RCRA) or Section 1422 of the SDWA (42 USC 300h-1; UIC).

“Aquifer” (RCRA and UIC) means a geologic formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or spring.

“Area of review” (UIC) means the area surrounding an injection well described according to the criteria set forth in 35 Ill. Adm. Code 730.106, or in the case of an area permit, the project area plus a circumscribing area the width of which is either 402 meters (one-quarter of a mile) or a number calculated according to the criteria set forth in 35 Ill. Adm. Code 730.106.

“Board” (RCRA and UIC) means the Illinois Pollution Control Board.

“Cesspool” (UIC) means a drywell that receives untreated sanitary waste containing human excreta and which sometimes has an open bottom or perforated sides.

“Closure” (RCRA) means the act of securing a Hazardous waste management facility pursuant to the requirements of 35 Ill. Adm. Code 724.

“Component” (RCRA) means any constituent part of a unit or any group of constituent parts of a unit that are assembled to perform a specific function (e.g., a pump seal, pump, kiln liner, or kiln thermocouple).

“Contaminant” (UIC) means any physical, chemical, biological, or radiological substance or matter in water.

“Corrective action management unit” or “CAMU” (RCRA) means an area within a facility that is designated by the Agency under pursuant to Subpart S of 35 Ill. Adm. Code 724for 724 for the purpose of implementing corrective action requirements under pursuant to 35 Ill. Adm. Code 724.201 and RCRA section 3008(h) (42 USC 6928(h)). A CAMU must only be used for the management of remediation wastes pursuant to implementing such corrective action requirements at the facility.

BOARD NOTE: USEPA must also designate a CAMU until it grants this authority to the Agency. See the note following 35 Ill. Adm. Code 724.652.

“CWA” (RCRA and UIC) means the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972), P.L. 92-500(33 USC 1251 et seq.), as amended by P.L. 95-217 and P.L. 95-576; 33 USC 1251 et seq. (1996) through January 7, 2003.

“Date of approval by USEPA of the Illinois UIC program” (UIC) means March 3, 1984.

“Director” (RCRA and UIC) means the Director of the Illinois Environmental Protection Agency or the Director’s designee.

“Disposal” (RCRA) means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any “hazardous waste” into or on any land or water so that such hazardous waste or any constituent of the waste may enter the environment or be emitted into the air or discharged into any waters, including groundwater.

“Disposal facility” (RCRA) means a facility or part of a facility at which “hazardous waste” is intentionally placed into or on the land or water, and at which hazardous waste will remain after closure. The term “disposal facility” does not include a corrective action management unit into which remediation wastes are placed.

“Draft permit” (RCRA and UIC) means a document prepared under pursuant to 35 Ill. Adm. Code 705.141 indicating the Agency’s tentative decision to issue, deny, modify, terminate, or reissue a “permit.” A notice of intent to deny a permit, as discussed in 35 Ill. Adm. Code 705.141, is a type of “draft permit.” A denial of a request for modification, as discussed in 35 Ill. Adm. Code 705.128, is not a “draft permit.” A proposed permit is not a “draft permit.”.

“Drywell” (UIC) means a well, other than an improved sinkhole or subsurface fluid distribution system, that is completed above the water table so that its bottom and sides are typically dry, except when receiving fluids.

“Drilling mud” (UIC) means a heavy suspension used in drilling an injection well, introduced down the drill pipe and through the drill bit.

“Elementary neutralization unit” (RCRA) means a device of which the following is true:

Is It is used for neutralizing wastes that are hazardous wastes only because they exhibit the corrosivity characteristics defined in 35 Ill. Adm. Code 721.122, or are listed in Subpart D of 35 Ill. Adm. Code 721 only for this reason; and

Meets It meets the definition of tank, tank system, container, transport vehicle, or vessel in 35 Ill. Adm. Code 720.110.

“Emergency permit” (RCRA and UIC) means a RCRA or UIC permit issued in accordance with 35 Ill. Adm. Code 703.221 or 704.163, respectively.

“Environmental Protection Agency” or “EPA” or “USEPA” (RCRA and UIC) means the United States Environmental Protection Agency.

“Exempted aquifer” (UIC) means an aquifer or its portion that meets the criteria in the definition of “underground source of drinking water” but which has been exempted according to the procedures in 35 Ill. Adm. Code 702.105, 704.104, and 704.123(b).

“Existing hazardous waste management (HWM) facility” or “existing facility” (RCRA) means a facility that was in operation or for which construction commenced on or before November 19, 1980. A facility has commenced construction if the following occurs:

The owner or operator has obtained the federal, State, and local approvals or permits necessary to begin physical construction; and

Either of the following has transpired:

A continuous on-site, physical construction program has begun; or

The owner or operator has entered into contractual obligations for physical construction of the facility that cannot be canceled or modified without substantial loss and which are to be completed within a reasonable time.

“Existing injection well” (UIC) means an injection well other than that is not a new injection well.

“Facility mailing list” (RCRA) means the mailing list for a facility maintained by the Agency in accordance with 35 Ill. Adm. Code 705.163(a).

“Facility or activity” (RCRA and UIC) means any HWM facility, UIC injection well, or any other facility or activity (including land or appurtenances thereto) that is subject to regulations under the Illinois RCRA or UIC program.

“Facility mailing list” (RCRA) means the mailing list for a facility maintained by the Agency in accordance with 35 Ill. Adm. Code 705.163.

“Federal, State, and local approvals or permits necessary to begin physical construction” (RCRA) means permits and approvals required under federal, State, or local hazardous waste control statutes, regulations, or ordinances. (See 35 Ill. Adm. Code 700.102.)

“Final authorization” (RCRA) means January 31, 1986, the date of approval by USEPA of the Illinois Hazardous Waste Management Program that has met the requirements of Section 3006(b) of RCRA (42 USC 6926(b)) and the applicable requirements of subpart A of 40 CFR 271, Subpart A (1996). USEPA granted initial final authorization on January 31, 1986.

“Fluid” (UIC) means any material or substance that flows or moves, whether in a semisolid, liquid, sludge, gas, or any other form or state.

“Formation” (UIC) means a body of rock characterized by a degree of lithologic homogeneity that is prevailingly, but not necessarily, tabular and is mappable on the earth’s surface or traceable in the subsurface.

“Formation fluid” (UIC) means fluid present in a formation under natural conditions, as opposed to introduced fluids, such as “drilling mud.”

“Functionally equivalent component” (RCRA) means a component that performs the same function or measurement and which meets or exceeds the performance specifications of another component.

“Generator” (RCRA) means any person, by site location, whose act or process produces “hazardous waste” identified or listed in 35 Ill. Adm. Code 721.

“Groundwater” (RCRA and UIC) means a water below the land surface in a zone of saturation.

“Hazardous waste” (RCRA and UIC) means a hazardous waste as defined in 35 Ill. Adm. Code 721.103.

“Hazardous waste management facility” or “HWM facility” (RCRA) means all contiguous land and structures, other appurtenances, 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 (for example, one or more landfills, surface impoundments, or combinations of them).

“HWM facility” (RCRA) means Hazardous waste management facility.

“Improved sinkhole” (UIC) means a naturally occurring karst depression or other natural crevice that is found in volcanic terrain and other geologic settings that have been modified by man for the purpose of directing and emplacing fluids into the subsurface.

“Injection well” (RCRA and UIC) means a well into which fluids are being injected.

“Injection zone” (UIC) means a geologic formation, group of formations, or part of a formation receiving fluids through a well.

“In operation” (RCRA) means a facility that is treating, storing, or disposing of “hazardous waste.”

“Interim authorization” (RCRA) means May 17, 1982, the date of approval by USEPA of the Illinois Hazardous Waste Management program that has met the requirements of Section 3006(g)(2) of RCRA (42 USC 6926(g)(2)) and applicable requirements of 40 CFR 271 (1996). This happened on May 17, 1982.

“Interstate agency” means an agency of two or more states established by or under an agreement or compact approved by the Congress, or any other agency of two or more states having substantial powers or duties pertaining to the control of pollution as determined and approved by the Administrator under the “appropriate Act act and regulations.”

“Major facility” means any RCRA or UIC facility or activity classified as such by the Regional Administrator or the Agency.

“Manifest” (RCRA and UIC) means the shipping document originated and signed by the “generator” that contains the information required by Subpart B of 35 Ill. Adm. Code 722.

“National Pollutant Discharge Elimination System” means the program for issuing, modifying, revoking and reissuing, terminating, monitoring, and enforcing permits and imposing and enforcing pretreatment requirements under pursuant to Section 12(f) of the Environmental Protection Act and Subpart A of 35 Ill. Adm. Code 309 and 35 Ill. Adm. Code 310. The term includes an “approved program.”

“New HWM facility” (RCRA) means a hazardous waste management facility that began operation or for which construction commenced after November 19, 1980.

“New injection well” (UIC) means a well that began injection after March 3, 1984, the date of USEPA approval of the UIC program for the State of Illinois.

BOARD NOTE: See 40 CFR 147.700 (1998) and 49 Fed. Reg. 3991 (Feb. 1, 1984).

“Off-site” (RCRA) means any site that is not on-site.

“On-site” (RCRA) means on the same or geographically contiguous property that may be divided by public or private rights-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the rights-of-way. Non-contiguous properties owned by the same person, but connected by a right-of-way that the person controls and to which the public does not have access, is also considered on-site property.

“Owner or operator” means the owner or operator of any facility or activity subject to regulation under the RCRA or UIC program.

“Permit” means an authorization, license, or equivalent control document issued to implement the requirements of this Part and 35 Ill. Adm. Code 703, 704, and 705. “Permit” includes RCRA permit by rule (35 Ill. Adm. Code 703.141), RCRA standardized permit (35 Ill. Adm. Code 703.144), UIC area permit (35 Ill. Adm. Code 704.162), and RCRA or UIC “Emergency Permit” (35 Ill. Adm. Code 703.221 and 704.163). “Permit” does not include RCRA interim status (35 Ill. Adm. Code 703.153 through 703.157), UIC authorization by rule (Subpart C of 35 Ill. Adm. Code 704), or any permit that has not yet been the subject of final Agency action, such as a draft permit or a proposed permit.

“Permit” includes RCRA permit by rule (35 Ill. Adm. Code 703.141), UIC area permit (35 Ill. Adm. Code 704.162), and RCRA or UIC “Emergency Permit” (35 Ill. Adm. Code 703.221 and 704.163). “Permit” does not include RCRA interim status (35 Ill. Adm. Code 703.153 through 703.157), UIC authorization by rule (Subpart C of 35 Ill. Adm. Code 704), or any permit that has not yet been the subject of final Agency action, such as a draft permit or a proposed permit.

“Person” means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, state agency, or any other legal entity, or their legal representative, agency, or assigns.

“Physical construction” (RCRA) means excavation, movement of earth, erection of forms or structures, or similar activity to prepare an HWM facility to accept “hazardous waste.”

“Plugging” (UIC) means the act or process of stopping the flow of water, oil, or gas into or out of a formation through a borehole or well penetrating that formation.

“Point of injection” means the last accessible sampling point prior to waste fluids being released into the subsurface environment through a Class V injection well. For example, the point of injection of a Class V septic system might be the distribution box--the last accessible sampling point before the waste fluids drain into the underlying soils. For a dry well, it is likely to be the well bore itself.

“POTW” means publicly owned treatment works.

“Project” (UIC) means a group of wells in a single operation.

“Publicly owned treatment works” or “POTW” is as defined in 35 Ill. Adm. Code 310.

“Radioactive waste” (UIC) means any waste that contains radioactive material in concentrations that exceed those listed in table II, column 2 in appendix B to 10 CFR 20, Appendix B, Table II, Column 2, incorporated by reference in 35 Ill. Adm. Code 720.111.

“RCRA” (RCRA) means the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976 (P.L. 94-580, as amended by P.L. 95-609, P.L. 96-510, 42 USC 6901 et seq. (1996)). For the purposes of regulation under pursuant to 35 Ill. Adm. Code 700 through 705, 720 through 728, 733, 738, and 739, “RCRA” refers only to RCRA Subtitle C. This does not include the RCRA Subtitle D (municipal solid waste landfill) regulations, found in 35 Ill. Adm. Code 810 through 815, and the RCRA Subtitle I (underground storage tank) regulations found in 35 Ill. Adm. Code 731 and 732.

“RCRA permit” (RCRA) means a permit required under pursuant to Section 21(f) of the Environmental Protection Act [415 ILCS 5/21(f)].

“RCRA standardized permit”   means a RCRA permit issued pursuant to Subpart J of 35 Ill. Adm. Code 703 and Subpart G of 35 Ill. Adm. Code 702 that authorizes management of hazardous waste. The RCRA standardized permit may have two parts: a uniform portion issued in all cases and a supplemental portion issued at the discretion of the Agency.

“Regional Administrator” (RCRA and UIC) means the Regional Administrator for of the USEPA Region in which the facility is located or the Regional Administrator’s designee.

BOARD NOTE: Illinois is in USEPA Region 5.

“Remedial Action Plan” or “RAP” (RCRA) means a special form of RCRA permit that a facility owner or operator may obtain pursuant to Subpart H of 35 Ill. Adm. Code 703, instead of a RCRA permit issued under pursuant to this Part and 35 Ill. Adm. Code 703, to authorize the treatment, storage, or disposal of hazardous remediation waste (as defined in 35 Ill. Adm. Code 720.110) at a remediation waste management site.

“Sanitary waste” (UIC) means liquid or solid wastes originating solely from humans and human activities, such as wastes collected from toilets, showers, wash basins, sinks used for cleaning domestic areas, sinks used for food preparation, clothes washing operations, and sinks or washing machines where food and beverage serving dishes, glasses, and utensils are cleaned. Sources of these wastes may include single or multiple residences, hotels and motels, restaurants, bunkhouses, schools, ranger stations, crew quarters, guard stations, campgrounds, picnic grounds, day-use recreation areas, other commercial facilities, and industrial facilities, provided the waste is not mixed with industrial waste.

“Schedule of compliance” (RCRA and UIC) means a schedule of remedial measures included in a permit, including an enforceable sequence of interim requirements (for example, actions, operations, or milestone events) leading to compliance with the appropriate Act act and regulations.

“SDWA” (UIC) means the Safe Drinking Water Act (P.L. 93-523, as amended, 42 USC 300f et seq. (1996)).

“Septic system” (UIC) means a well, as defined in this Section, that is used to emplace sanitary waste below the surface and which is typically comprised of a septic tank and subsurface fluid distribution system or disposal system.

“Site” (RCRA and UIC) means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.

“SIC code” (RCRA and UIC) means codes pursuant to “Standard Industrial Classification Code as code.” This is the code assigned to a site by the United States Department of Transportation, Federal Highway Administration, based on the particular activities that occur on the site, as set forth in its publication, “Standard Industrial Classification Manual,” incorporated by reference in 35 Ill. Adm. Code 720.111.

“State” (RCRA and UIC) means the State of Illinois.

“State Director” (RCRA and UIC) means the Director of the Illinois Environmental Protection Agency.

“State/USEPA agreement” (RCRA and UIC) means an agreement between the Regional Administrator and the State that coordinates USEPA and State activities, responsibilities, and programs, including those under the RCRA and SDWA.

“Storage” (RCRA) 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.

“Stratum” (plural “strata”)” (UIC) means a single sedimentary bed or layer, regardless of thickness, that consists of generally the same kind of rock material.

“Subsurface fluid distribution system” (UIC) means an assemblage of perforated pipes, drain tiles, or other similar mechanisms intended to distribute fluids below the surface of the ground.

“Total dissolved solids” (UIC) means the total dissolved (filterable) solids as determined by use of the method specified in 40 CFR 136 136.3 (Identification of Test Procedures; the method for filterable residue), incorporated by reference in 35 Ill. Adm. Code 720.111.

“Transfer facility” (RCRA) means any transportation related facility, including loading docks, parking areas, storage areas, and other similar areas where shipments of hazardous wastes are held during the normal course of transportation.

“Transferee” (UIC) means the owner or operator receiving ownership or operational control of the well.

“Transferor” (UIC) means the owner or operator transferring ownership or operational control of the well.

“Transporter” (RCRA) means a person engaged in the off-site transportation of “hazardous waste” by air, rail, highway, or water.

“Treatment” (RCRA) means any method, technique, process, including neutralization, designed to change the physical, chemical, or biological character or composition of any “hazardous waste” so as to neutralize such wastes, or so as to recover energy or material resources from the waste, or so as to render such wastes non-hazardous or less hazardous; safer to transport, store, or dispose of; or amenable for recovery, amenable for storage, or reduced in volume.

“UIC” (UIC) means the Underground Injection Control program.

“Underground injection” (UIC) means a well injection.

“Underground source of drinking water” (or “USDW”) (RCRA and UIC) means an aquifer or its portion that is not an exempted aquifer and of which either of the following is true:

It supplies any public water system; or

It contains a sufficient quantity of groundwater to supply a public water system; and

It currently supplies drinking water for human consumption; or

It contains less than 10,000 mg/1 mg/ℓ total dissolved solids.

“USDW” (RCRA and UIC) means an underground source of drinking water.

“Wastewater treatment unit” (RCRA) means a device that of which the following is true:

Is It is part of a wastewater treatment facility that is subject to regulation under pursuant to Subpart A of 35 Ill. Adm. Code 309 or 35 Ill. Adm. Code 310; and

Receives It receives and treats or stores an influent wastewater that is a hazardous waste as defined in 35 Ill. Adm. Code 721.103, or generates and accumulates a wastewater treatment sludge that is a hazardous waste as defined in 35 Ill. Adm. Code 721.103, or treats or stores a wastewater treatment sludge that is a hazardous waste as defined in 35 Ill. Adm. Code 721.103; and

Meets the definition of tank or tank system in 35 Ill. Adm. Code 720.110.

“Well” (UIC) means a bored, drilled, or driven shaft, or a dug hole, whose depth is greater than the largest surface dimension; a dug hole whose depth is greater than the largest surface dimension; or an improved sinkhole; or, a subsurface fluid distribution system.

Well injection means the subsurface emplacement of fluids through a well.

“Well injection” (UIC) means the subsurface emplacement of fluids through a well.

BOARD NOTE: Derived from 40 CFR 124.2, 144.3 (1999), as amended at 64 Fed. Reg. 68565 (Dec. 7, 1999), and 270.2 (1999) (2005), as amended at 70 Fed. Reg. 53420 (Sep. 8, 2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

BOARD NOTE: Derived Subsection (a) of this Section is derived from 40 CFR 144.31(a) (1993) (2005), and subsection (b) of this Section is derived from 270.10(a) (1992) (2005), as amended at 70 Fed. Reg. 53420 (Sep. 8, 2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

The Agency shall must not issue a permit under a program (RCRA or UIC) before receiving a complete application for a permit under that program, except for emergency permits. An application for a permit under a program is complete when the Agency receives an application form and any supplemental information that is completed to its satisfaction. (35 Ill. Adm. Code 705.122). An application for a permit is complete notwithstanding the failure of the owner or operator to submit the exposure information described in 35 Ill. Adm. Code 703.186 (RCRA).

BOARD NOTE: Derived from 40 CFR 144.31(d) (1993) and 270.10(c) (1992) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

All applicants An applicant for a RCRA or UIC permits shall permits must provide the following information to the Agency, using the application form provided by the Agency (additional information required of applicants is set forth in Subpart D of 35 Ill. Adm. Code 703.Subpart D (RCRA) and 35 Ill. Adm. Code 704.161 (UIC)).

BOARD NOTE: Derived from 40 CFR 144.31(e)(1993), and 270.10(d), and 270.13 (1992) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Applicants An applicant shall must keep records of all data used to complete permit applications and any supplemental information submitted under pursuant to 35 Ill. Adm. Code 702.123, Subpart D of 35 Ill. Adm. Code 703.Subpart D (RCRA); and 35 Ill. Adm. Code 704.161 (UIC) for a period of at least 3 three years from the date the application is signed.

BOARD NOTE: Derived from 40 CFR 144.31(f) and 270.10(i) (1993) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

BOARD NOTE: Derived from 40 CFR 144.37 (1993) and 270.51 (1992) (2005), as amended at 70 Fed. Reg. 53420 (Sep. 8, 2005).)

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

BOARD NOTE: The Board does not require specific assignments or delegations of authority to responsible corporate officers identified in subsection (a)(1)(A) of this Section. The Agency will presume that these responsible corporate officers have the requisite authority to sign permit applications, unless the corporation has notified the Agency to the contrary. Corporate procedures governing authority to sign permit applications may provide for assignment or delegation to applicable corporate positions under pursuant to subsection (a)(1)(B) of this Section, rather than to specific individuals.

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons that manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

Based on my knowledge of the conditions of the property described in the RAP and my inquiry of the person or persons that manage the system referenced in the operator’s certification, or those persons directly responsible for gathering the information, the information submitted is, upon information and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

BOARD NOTE: Derived from 40 CFR 144.32 (1998) and 270.11 (1998), as amended at 63 Fed. Reg. 65941 (Nov. 30, 1998) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

The conditions of this Subpart C apply to all RCRA and UIC permits. For additional conditions applicable to all permits for each of the programs individually, see Subpart F of 35 Ill. Adm. Code 703.Subpart F (RCRA) and Subpart E of 704.Subpart E (UIC). All conditions applicable to all permits, and all additional conditions applicable to all permits for individual programs, shall must be incorporated into the permits either expressly or by reference. If incorporated by reference, a specific citation to these regulations must be given in the permit.

BOARD NOTE: Derived from 40 CFR 144.51 preamble (1993) and 270.30 preamble (1992) (2005).)

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

The permittee must comply with all conditions of this its permit. Any permit noncompliance constitutes a violation of the Illinois Environmental Protection Act and is grounds for one of more of the following actions: for an enforcement action;, for permit revocation or modification;, or for denial of a permit renewal application.

BOARD NOTE: Sections 703.242 (RCRA) and 704.181(a) (UIC) contain additional information on operation under an emergency permit. Derived from 40 CFR 144.51(a) (1993) and 270.30(a) (1992) (2005).)

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

If the a permittee wishes to continue an activity regulated by this its permit after the expiration date of this the permit, the permittee must apply for and obtain a new permit.

BOARD NOTE: Derived from 40 CFR 144.51(b) (1993) and 270.30(b) (1992) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

It shall will not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this its permit.

BOARD NOTE: Derived from 40 CFR 144.51(c) (1993) and 270.30(c) (1992) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

BOARD NOTE: Derived from 40 CFR 144.51(d) (1993) and 270.30(d) (1992) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

The permittee shall must at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) that are installed or used by the permittee to achieve compliance with the conditions of this its permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision Proper operation and maintenance requires the operation of backup or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.

BOARD NOTE: Derived from 40 CFR 144.51(e) (1993) and 270.30(e) (1992) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

This A permit may be modified or revoked for cause. The filing of a request by the permittee for a permit modification or revocation, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.

BOARD NOTE: Derived from 40 CFR 144.51(f) (1993) and 270.30(f) (1992) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

This A permit does not convey any conveys no property rights of any sort, or nor does a permit convey any exclusive privilege.

BOARD NOTE: Derived from 40 CFR 144.51(g) (1993) and 270.30(g) (1992) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

The A permittee shall must furnish to the Agency, within a reasonable time, any relevant information that the Agency may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall must also furnish to the Agency, upon request, copies of records required to be kept by this permit.

BOARD NOTE: Derived from 40 CFR 144.51(h) (1993) and 270.30(h) (1992) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

The A permittee shall must allow an authorized representative of the Agency, upon the presentation of credentials and other documents as may be required by law, to do any of the following:

BOARD NOTE: Derived from 40 CFR 144.51(i) (1993) and 270.30(i) (1992) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

BOARD NOTE: Derived from 40 CFR 144.51(j) (1993) and 270.30(j) (1992) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

All application applications, reports, or information submitted to the Agency shall must be signed and certified in accordance with the requirements of Section 702.126.

BOARD NOTE: Derived from 40 CFR 144.51(k) (1993) and 270.30(k) (1992) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

BOARD NOTE: Derived from 40 CFR 144.51(l) and 270.30(l) (1988) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

BOARD NOTE: Derived from 40 CFR 144.52 (1993) and 270.32 (1992) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

BOARD NOTE: Derived from 40 CFR 144.36 (1993) and 270.50 (1992) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

The permit may, when appropriate, specify a schedule of compliance leading to compliance with the appropriate Act act and regulations.

BOARD NOTE: Derived from 40 CFR 144.53(a) (1993) and 270.33(a) (1992) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

A RCRA or UIC permit applicant or permittee may cease conducting regulated activities (by receiving a terminal volume of hazardous waste and, for treatment or storage HWM facilities, by closing pursuant to applicable requirements; or, for disposal HWM facilities, by closing and conducting post-closure care pursuant to applicable requirements; or, for UIC wells, by plugging and abandonment), rather than continue continuing to operate and meet permit requirements as follows:

BOARD NOTE: Derived from 40 CFR 144.53(b) (1993) and 270.33(b) (1992) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

All permits shall A permit must specify the following:

BOARD NOTE: Derived from 40 CFR 144.54 (1993) and 270.31 (1992) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

BOARD NOTE: 40 CFR 270.4(a) differs from this subsection (a) in two significant aspects: (1) it states that compliance with the permit is compliance with federal law, and (2) it enumerates exceptions when compliance with the permit can violate federal law. The exceptions are intervening (1) statutory requirements; (2) 40 CFR 268 land disposal restrictions; (3) 40 CFR 264 leak detection requirements; and (4) subparts AA, BB, and CC of 40 CFR 266, subparts AA, BB, and CC air emissions limitations. By not codifying the federal exceptions, since they are not necessary in the Illinois program to accomplish the intended purpose, the Board does not intend to imply that compliance with a RCRA permit obviates immediate compliance with any of the events included in the federal exceptions.

BOARD NOTE: Derived from 40 CFR 144.35 (1994) and 40 CFR 270.4 (1994), as amended at 59 Fed. Reg. 62952 (Dec. 6, 1994) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

The Board will revoke a permit during its term in accordance with Title VIII of the Environmental Protection Act [415 ILCS 5/Title VIII] for the following causes:

BOARD NOTE: Derived from 40 CFR 270.43 and 144.40 (1988) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

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

Section

SUBPART B: PROHIBITIONS

Section

SUBPART C: AUTHORIZATION BY RULE AND INTERIM STATUS

Section

SUBPART D: APPLICATIONS

Section

SUBPART E: SHORT TERM AND PHASED SPECIAL FORMS OF PERMITS

Section

SUBPART F: PERMIT CONDITIONS OR DENIAL

Section

SUBPART G: CHANGES TO PERMITS

Section

SUBPART H: REMEDIAL ACTION PLANS

Section

SUBPART I: INTEGRATION WITH MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) STANDARDS

SUBPART J—RCRA STANDARDIZED PERMITS FOR STORAGE AND TREATMENT UNITS

Section