TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER b: PERMITS

PART 705

PROCEDURES FOR PERMIT ISSUANCE

SUBPART A: GENERAL PROVISIONS

Section

705.101

Scope and Applicability

705.102

Definitions

705.103

Computation of Time

705.104

Electronic Reporting

SUBPART B: PERMIT APPLICATIONS

Section

705.121

Permit Application

705.122

Completeness

705.123

Incomplete Applications

705.124

Site Visit

705.125

Effective Date

705.126

Decision Schedule

705.127

Consolidation of Permit Processing

705.128

Modification or Reissuance of Permits

SUBPART C: APPLICATION REVIEW

Section

705.141

Draft Permits

705.142

Statement of Basis

705.143

Fact Sheet

705.144

Administrative Record for Draft Permits or Notices of Intent to Deny

SUBPART D: PUBLIC NOTICE

Section

705.161

When Public Notice Must Be Given

705.162

Timing of Public Notice

705.163

Methods of Public Notice

705.164

Contents of Public Notice

705.165

Distribution of Other Materials

SUBPART E: PUBLIC COMMENT

Section

705.181

Public Comments and Requests for Public Hearings

705.182

Public Hearings

705.183

Obligation to Raise Issues and Provide Information

705.184

Reopening of Public Comment Period

SUBPART F: PERMIT ISSUANCE

Section

705.201

Final Permit Decision

705.202

Stay of Permit Conditions upon Appeal

705.203

Stay for New Application or upon Untimely Application for Renewal (Repealed)

705.204

Stay upon Reapplication or for Modification (Repealed)

705.205

Stay Following Interim Status (Repealed)

705.210

Agency Response to Comments

705.211

Administrative Record for Final Permits or Letters of Denial

705.212

Appeal of Agency Permit Determinations

SUBPART G: PROCEDURE FOR RCRA STANDARDIZED PERMIT

Section

705.300

General Information About RCRA Standardized Permits

705.301

Applying for a RCRA Standardized Permit

705.302

Issuance of a RCRA Standardized Permit

705.303

Public Participation in the RCRA Standardized Permit Process

705.304

Modifying a RCRA Standardized Permit

705.Appendix A

Procedures for Permit Issuance

705.Appendix B

Modification Process

705.Appendix C

Application Process

705.Appendix D

Application Review Process

705.Appendix E

Public Comment Process

705.Appendix F

Permit Issuance or Denial

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 at 6 Ill. Reg. 12479, effective May 17, 1982; amended in R82-19, at

7 Ill. Reg. 14352, effective May 17, 1982; amended in R84-9, at 9 Ill. Reg. 11894, effective July 24,

1985; amended in R89-2 at 14 Ill. Reg. 3082, effective February 20, 1990; amended in R94-5 at 18

Ill. Reg. 18265, effective December 20, 1994; amended in R95-6 at 19 Ill. Reg. 9906, effective June

27, 1995; amended in R03-7 at 27 Ill. Reg. 3675, effective February 14, 2003; amended in R06-

16/R06-17/R06-18 at 31 Ill. Reg. 706, effective December 20, 2006.

SUBPART A: GENERAL PROVISIONS

Section 705.101

Scope and Applicability

This Part sets forth procedures that the Illinois Environmental Protection Agency

(Agency) must follow in issuing RCRA (Resource Conservation and Recovery Act)

and UIC (Underground Injection Control) permits. This Part also specifies rules on

effective dates of permits and stays of contested permit conditions.

This Part provides for a public comment period and a hearing in some cases. The

permit applicant and any other participants must raise issues during this proceeding

to preserve issues for effective Board review, as required by Section 705.183.

Board review of permit issuance or denial is pursuant to 35 Ill. Adm. Code 105.

Board review is restricted to the record that was before the Agency when the permit

was issued, as required by Sections 40(a) and 40(b) of the Environmental Protection

Act [415 ILCS 5/40(a) and (b)].

The provisions of 35 Ill. Adm. Code 702, 703, and 704 contain rules on UIC and

RCRA permit applications, permit conditions, and related matters.

(Source: Amended at 31 Ill. Reg. 706, effective December 20, 2006)

Section 705.102

Definitions

The definitions in 35 Ill. Adm. Code 702 apply to this Part.

BOARD NOTE: Derived from 40 CFR 124.2 (2002).

(Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.103

Computation of Time

Any time period allowance schedule or requirement provided under this Part must be computed in

accordance with 35 Ill. Adm. Code 101.300.

BOARD NOTE: This Section corresponds with 40 CFR 124.20 (2002).

(Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.104

Electronic Reporting

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 271.10(b),

271.11(b), and 271.12(h) (2005), as amended at 70 Fed. Reg. 59848 (Oct. 13, 2005).

(Source: Added at 31 Ill. Reg. 706, effective December 20, 2006)

SUBPART B: PERMIT APPLICATIONS

Section 705.121

Permit Application

Any person who requires a permit under the RCRA (Resource Conservation and

Recovery Act) or UIC (Underground Injection Control) program must complete,

sign, and submit to the Agency an application for each permit required under 35 Ill.

Adm. Code 703.121 or 35 Ill. Adm. Code 704.101 through 704.105, as appropriate.

An application will not be required for a RCRA permit by rule under 35 Ill. Adm.

Code 703.141. An application will not be required for underground injection

authorized by rule under Subpart C of 35 Ill. Adm. Code 704.

The Agency must not begin the processing of a permit until the applicant has fully

complied with the application requirements applicable to that type of permit.

Permit applications must comply with the signature and certification requirements of

35 Ill. Adm. Code 702.126.

BOARD NOTE: Derived from 40 CFR 124.3(a) (2002).

(Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.122

Completeness

The Agency must review every application for a RCRA or UIC permit for

completeness.

Time limitations on Agency review for application completeness:

Each application for a permit submitted by a new HWM (hazardous waste

management) facility or new UIC injection well must be reviewed for

completeness within 30 days of its receipt.

Each application for a permit by an existing HWM facility (both Parts A and

B of the application) or existing injection well must be reviewed for

completeness within 60 days of receipt.

Upon completing its review for completeness, the Agency must notify the applicant

in writing whether the application is complete. If the application is incomplete, the

Agency must list the information necessary to make the application complete.

When the application is for an existing HWM (Hazardous Waste Management)

facility or an existing UIC injection well, the Agency must also specify in the notice

of deficiency a date for submitting the necessary information.

The Agency shall, within the time limitations specified in subsection (b) of this

Section, notify the applicant whether additional information submitted in response to

a notice of deficiency is deemed sufficient or insufficient to complete the application.

After the application is deemed complete, the Agency may request additional

information from an applicant only when necessary to clarify, modify, or supplement

previously submitted material. Requests for such additional information will not

render an application incomplete.

BOARD NOTE: Derived from 40 CFR 124.3(c) (2002).

(Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.123

Incomplete Applications

If an applicant fails or refuses to correct Agency-noted deficiencies in its permit application, the

Agency may either deny or issue the permit on the basis of the information available to the Agency;

if warranted, appropriate enforcement actions may be taken.

BOARD NOTE: Derived from 40 CFR 124.3(d) (2002).

(Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.124

Site Visit

If the Agency decides, pursuant to Section 4(d) of the Act, that a site visit is necessary for any reason

in conjunction with the processing of an application, the Agency must notify the applicant, and the

Agency and the applicant must schedule a site visit.

BOARD NOTE: Derived from 40 CFR 124.3(e) (2002).

(Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.125

Effective Date

The effective date of a permit application is the date on which the Agency notifies the applicant that

the application is complete, as provided in Section 705.122.

BOARD NOTE: Derived from 40 CFR 124.3(f) (2002).

(Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.126

Decision Schedule

For each permit application from a major new HWM facility or major new UIC injection well, the

Agency must, no later than the effective date of the application, prepare and mail to the applicant a

projected decision schedule. The schedule must specify target dates by which the Agency intends to

do the following:

Prepare a draft permit pursuant to Subpart C of this Part;

Give public notice pursuant to Subpart D of this Part;

Complete the public comment period, including any public hearing pursuant to

Subpart E of this Part; and

Issue a final permit pursuant to Subpart F of this Part.

BOARD NOTE: Derived from 40 CFR 124.3(g) (2002).

(Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.127

Consolidation of Permit Processing

Whenever a facility or activity requires more than one permit under more than one Part of the

Board’s rules and regulations, processing of two or more applications for those permits the Agency

may, in its discretion and consistent the individual requirements for each permit, consolidate the

processing of those permit applications in accordance with Agency procedures.

BOARD NOTE: Derived from 40 CFR 124.4 (2002).

(Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.128

Modification or Reissuance of Permits

The Agency may modify or reissue a permit either at the request of any interested

person (including the permittee) or on its own initiative. However, the Agency may

only modify or reissue a permit for the reasons specified in 35 Ill. Adm. Code

704.261 through 704.263 (UIC) or 35 Ill. Adm. Code 703.270 through 703.273

(RCRA). A request for permit modification or reissuance must be made in writing,

must be addressed to the Agency (Division of Land Pollution Control), and must

contain facts or reasons supporting the request.

If the Agency determines that a request for modification or reissuance is not justified,

it must send the requester a brief written response giving a reason for the

determination. A denial of a request for modification or reissuance is not subject to

public notice, comment, or public hearing requirements. The requester may appeal a

denial of a request to modify or reissue a permit to the Board pursuant to 35 Ill. Adm.

Code 105.

Agency Modification or Reissuance Procedures.

If the Agency tentatively decides to initiate steps to modify or reissue a

permit pursuant to this Section and 35 Ill. Adm. Code 704.261 through

704.263 or 35 Ill. Adm. Code 703.270 through 703.273 (other than 35 Ill.

Adm. Code 703.272(c)), after giving public notice pursuant to Section

705.161(a)(1), as though an application had been received, it must prepare a

draft permit pursuant to Section 705.141 incorporating the proposed

changes. The Agency may request additional information and may require

the submission of an updated permit application. For reissued permits, other

than those reissued under 35 Ill. Adm. Code 703.272(c), the Agency must

require the submission of a new application. For permits reissued under

35 Ill. Adm. Code 703.272(c), the Agency and the permittee must comply

with the appropriate requirements in Subpart G of 35 Ill. Adm. Code 705.

In a permit modification proceeding pursuant to this Section, only those

conditions to be modified must be reopened when a new draft permit is

prepared. When a permit is to be reissued pursuant to this Section, the entire

permit is reopened just as if it had expired. During any reissuance

proceeding, including any appeal to the Board, the permittee must comply

with all conditions of its existing permit until a new final permit is reissued.

“Minor modifications,” as defined in 35 Ill. Adm. Code 704.264, and “Class

1 and 2 modifications,” as defined in 35 Ill. Adm. Code 703.281 and

703.282, are not subject to this Section.

To the extent that the Agency has authority to reissue a permit, it must prepare a draft

permit or notice of intent to deny in accordance with Section 705.141 if it decides to

do so.

The Agency or any person may seek the revocation of a permit in accordance with

Title VIII of the Environmental Protection Act [415 ILCS 5/Title VIII] and the

procedure of 35 Ill. Adm. Code 103. Revocation may only be sought for those

reasons specified in 35 Ill. Adm. Code 702.186(a) through (d).

BOARD NOTE: Derived from 40 CFR 124.5 (2005), as amended at 70 Fed. Reg. 53420 (Sep. 8,

2005).

(Source: Amended at 31 Ill. Reg. 706, effective December 20, 2006)

SUBPART C: APPLICATION REVIEW

Section 705.141

Draft Permits

Once an application for permit is complete, the Agency must tentatively decide

whether to prepare a draft permit or to deny the application.

If the Agency tentatively decides to deny the permit application, it must issue a

notice of intent to deny. A notice of intent to deny must be subject to all of the

procedural requirements applicable to draft permits under subsection (d) of this

Section. If the Agency’s final decision made pursuant to Section 705.201 is that the

tentative decision to deny the permit application was incorrect, it must withdraw the

notice of intent to deny and proceed to prepare a draft permit under subsection (c) of

this Section.

If the Agency decides to prepare a draft permit, it must prepare a draft permit that

contains the following information:

All conditions under 35 Ill. Adm. Code 702.140 through 702.152 and 35 Ill.

Adm. Code 702.160;

All compliance schedules under 35 Ill. Adm. Code 702.162 and 702.163;

All monitoring requirements under 35 Ill. Adm. Code 702.164; and

The following program-specific permit conditions:

For RCRA permits, standards for treatment, storage, or disposal and

other permit conditions under Subpart F of 35 Ill. Adm. Code 703;

For UIC permits, permit conditions under Subpart E of 35 Ill. Adm.

Code 704.

A draft permit or a notice of intent to deny prepared under this Section must be

accompanied by a statement of basis, under Section 705.142, or a fact sheet, under

Section 705.143, must be based on the administrative record pursuant to Section

705.144, must be publicly noticed pursuant to Subpart D of this Part, and must be

made available for public comment pursuant to Section 705.181. The Agency must

give notice of opportunity for a public hearing pursuant to Section 705.182, issue a

final decision pursuant to Section 705.201, and respond to comments pursuant to

Section 705.210. An appeal may be taken under Section 705.212.

BOARD NOTE: Derived from 40 CFR 124.6 (2002).

(Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.142

Statement of Basis

The Agency must prepare a statement of basis for every draft permit or notice of intent to deny for

which a fact sheet under Section 705.143 is not prepared. The statement of basis must briefly

describe the derivation of the conditions of the draft permit and the reasons for them or, in the case

of notices of intent to deny, reasons supporting the tentative decision. The statement of basis must

be sent to the applicant and to any other person who requests it.

BOARD NOTE: Derived from 40 CFR 124.7 (2002).

(Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.143

Fact Sheet

A fact sheet must be prepared for every draft permit for a major HWM or a major

UIC facility or activity, and for every draft permit or notice of intent to deny that the

Agency finds is the subject of widespread public interest or raises major issues. The

fact sheet must briefly set forth the principal facts and the significant factual, legal,

methodological, and policy questions considered in preparing the draft permit. The

Agency must send this fact sheet to the applicant and, on request, to any other

person.

The fact sheet must include the following, when applicable:

A brief description of the type of facility or activity that is the subject of the

draft permit;

The type and quantity of wastes, fluids or pollutants that are proposed to be

or are being treated, stored, disposed of, injected, emitted, or discharged;

A brief summary of the basis for refusing to grant a permit or for imposing

each draft permit condition including references to applicable statutory or

regulatory provisions and appropriate supporting references to the

administrative record as defined by Section 705.144;

Reasons why any requested schedules of compliance or other alternatives to

required standards do or do not appear justified;

A description of the procedures for reaching a final decision on the draft

permit including the following:

The beginning and ending dates of the comment period pursuant to

Subpart D of this Part, and the address where comments will be

received;

Procedures for requesting a hearing, and the nature of that hearing;

and

Any other procedures by which the public may participate in the final

decision.

The name and telephone number of a person to contact for additional

information.

BOARD NOTE: Derived from 40 CFR 124.8 (2002).

(Source: Amended at 31 Ill. Reg. 706, effective December 20, 2006)

Section 705.144

Administrative Record for Draft Permits or Notices of Intent to Deny

The provisions of a draft permit or notice of intent to deny the application must be

based on the administrative record, as defined in this Section.

The administrative record must consist of the following:

The application and any supporting data furnished by the applicant;

The draft permit or notice of intent to deny the application;

The statement of basis, as provided in Section 705.142, or fact sheet, as

provided in Section 705.143;

All documents cited in the statement of basis or fact sheet;

Other documents contained in the supporting file for the draft permit or

notice of intent to deny; and

An index of all documents or items included in the record, by location in the

record.

Published material that is generally available, and which is included in the

administrative record under subsection (b) of this Section, need not be physically

included with the rest of the record, as long as it is specifically referred to in the

statement of basis or the fact sheet.

This Section applies to all draft permits or notices of intent to deny for which public

notice was first given under Subpart D of this Part after March 3, 1984, for UIC

permits, or January 31, 1986, for RCRA permits.

BOARD NOTE: Derived from 40 CFR 124.9 (2002).

(Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

SUBPART D: PUBLIC NOTICE

Section 705.161

When Public Notice Must Be Given

The Agency must give public notice whenever any of the following actions have

occurred:

A permit application has been tentatively denied under Section 705.141(b);

A draft permit has been prepared under Section 705.141(c); and

A hearing has been scheduled under Section 705.182.

No public notice is required when a request for permit modification or reissuance is

denied under Section 705.128(b). Written notice of any such denial must be given to

the requester and to the permittee.

A public notice may describe more than one permit or permit action.

BOARD NOTE: Derived from 40 CFR 124.10(a) (2002).

(Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.162

Timing of Public Notice

Public notice of the preparation of a draft permit (including a notice of intent to deny

a permit application) required under Section 705.161 must allow time for public

comment, as follows:

For UIC permits, at least 30 days; or

For RCRA permits, at least 45 days.

Public notice of a public hearing must be given at least 30 days in advance of the

hearing.

Public notice of a hearing may be given at the same time as public notice of the draft

permit, and the two notices may be combined.

BOARD NOTE: Derived from 40 CFR 124.10(b) (2002).

(Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.163

Methods of Public Notice

Public notice of activities described in Section 705.161(a) must be given by the following methods:

By mailing a copy of a notice to the following persons (any person otherwise entitled

to receive notice under this paragraph may waive his or her rights to receive notice

for any classes and categories of permits):

The applicant.

Any other agency or entity that the Agency knows is required by State or

federal law to review or approve issuance of a RCRA or UIC permit for the

same facility or activity (including USEPA, other Federal and State agencies

with jurisdiction over waterways, wildlife or other natural resources, and

other appropriate government authorities, including other affected States and

units of local government).

Federal and State agencies with jurisdiction over fish, shellfish and wildlife

resources and over coastal zone management plans, the Advisory Council on

Historical Preservation, State Historic Preservation Officers, and other

appropriate government authorities, including any affected States.

Persons on a mailing list developed by doing as follows:

Including those who request in writing to be on the list;

Including participants in past permit proceedings in that area; and

Notifying the public of the opportunity to be put on the mailing list

through periodic publication in the public press and in governmental

publications.

The Agency may update the mailing list from time to time by

requesting written indication of continued interest from those listed.

The Agency may delete from the list the name of any person who

fails to respond to such a request.

For RCRA permits only to the following entities:

To any unit of local government having jurisdiction over the area

where the facility is proposed to be located; and

To each State agency having any authority under State law with

respect to the construction or operation of such facility.

For Class I injection well UIC permits only, to the Illinois Department of

Mines and Minerals.

Any other person or entity that the Agency has reason to believe would be

particularly interested in or affected by the proposed action.

Publication of notice must be made as follows:

For major UIC permits, publication of a notice in a daily or weekly

newspaper of general circulation within the area affected by the facility or

activity.

For RCRA permits, publication of a notice in a daily or weekly major local

newspaper of general circulation and broadcast over local radio stations.

Any other method reasonably calculated to give actual notice of the action in

question to the persons potentially affected by it.

BOARD NOTE: See 40 CFR 124.10(c) (2002).

(Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.164

Contents of Public Notice

All public notices issued under this Part must contain the following minimum

information:

The name and address of the Agency;

The name and address of the permittee or permit applicant and, if different,

the name and address of the facility or activity regulated by the permit;

A brief description of the business conducted at the facility or the activity

described in the permit application or the draft permit;

The name, address, and telephone number of a person from whom interested

persons may obtain further information, including copies of the draft permit;

a copy of the statement of basis or fact sheet; and a copy of the permit

application;

A brief description of the comment procedures required by Sections 705.181

and 705.182; the time and place of any hearing that will be held, including a

statement of the procedures to request a hearing (unless a hearing has already

been scheduled); and the other procedures by which the public may

participate in the final permit decision;

The location of the administrative record required by Section 705.144, the

time at which the record will be open for public inspection, and a statement

that all data submitted by the applicant is available as part of the

administrative record; and

Any additional information that the Agency considers necessary or

appropriate.

Public notices for hearings. In addition to the general public notice described in

subsection (a) of this Section, the public notice of a hearing under Section 705.182

must contain the following information:

Reference to the date of previous public notices relating to the permit;

The date, time, and place of the hearing; and

A brief description of the nature and purpose of the hearing, including the

applicable rules and procedures.

BOARD NOTE: Derived from 40 CFR 124.10(d) (2002).

(Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.165

Distribution of Other Materials

In addition to the general public notice described in Section 705.164(a), all persons identified in

Section 705.163(a) must be mailed a copy of the fact sheet or statement of basis, the permit

application (if any), and the draft permit (if any).

BOARD NOTE: Derived from 40 CFR 124.10(e) (2002).

(Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

SUBPART E: PUBLIC COMMENT

Section 705.181

Public Comments and Requests for Public Hearings

During the public comment period provided under Subpart D of this Part, any interested person may

submit written comments on the draft permit to the Agency, and any interested person may request a

public hearing. A request for a public hearing must be in writing and must state the nature of the

issues proposed to be raised in the hearing. The Agency must consider all comments in making the

final decision and must answer, as provided in Section 705.210.

BOARD NOTE: Derived from 40 CFR 124.11 (2002).

(Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.182

Public Hearings

When the Agency holds public hearings.

The Agency must hold a public hearing whenever it finds a significant degree

of public interest in a draft permit on the basis of requests.

The Agency may also hold a public hearing at its discretion, whenever such a

hearing might clarify one or more issues involved in the permit decision.

For RCRA permits only the following additional requirements apply:

The Agency must hold a public hearing whenever it receives written

notice of opposition to a draft permit and a request for a hearing

within 45 days of public notice under Section 705.162(a);

Whenever possible, the Agency must schedule the hearing at a

location convenient to the population center nearest to the proposed

facility.

Public notice of the hearing must be given as specified in Section 705.162.

Whenever a public hearing will be held, the Agency must designate a hearing officer

who must be responsible for its scheduling and orderly conduct. Conduct of the

hearing must be in accordance with Agency rules and procedures, and the hearing

must be held in the county in which the HWM or UIC facility or proposed HWM or

UIC facility is located.

Any person may submit oral or written statements and data concerning the draft

permit. Reasonable limits may be set by the hearing officer on the time allowed at

hearing for oral statements, and the submission of statements in writing may be

required. Written statements must be accepted until the close of the public comment

period. The public comment period under Subpart D of this Part must automatically

be extended to a date not later than 30 days after the close of any public hearing

under this Section. The hearing officer may also extend the comment period by

entering an appropriate order into the record.

A tape recording or written transcript of the hearing must be made available to the

public for inspection during regular business hours at the Agency’s office in

Springfield. Copies of such recording or transcription must be made available on

request, upon payment of reasonable costs of duplication pursuant to applicable

Agency rules and procedures.

BOARD NOTE: Derived from 40 CFR 124.12 (2002).

(Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.183

Obligation to Raise Issues and Provide Information

All persons, including applicants, who believe any condition of a draft permit is inappropriate, or

that the Agency’s tentative decision to deny an application or prepare a draft permit is inappropriate,

must raise all reasonably ascertainable issues and submit all reasonably available arguments and

factual grounds supporting their position, including all supporting material, by the close of the public

comment period (including any public hearing) under Subpart D of this Part. All supporting

materials must be included in full and may not be incorporated by reference, unless they are already

part of the administrative record in the same proceeding, or they consist of state or federal statutes

and regulations, documents of general applicability, or other generally available reference materials.

Commenters must make supporting material not already included in the administrative record

available to the Agency, as directed by the Agency. The Agency must extend the public comment

period by an appropriate time if a commenter demonstrates that the additional time is necessary to

submit supporting materials under this Section.

BOARD NOTE: Derived from 40 CFR 124.13 (2002).

(Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.184

Reopening of Public Comment Period

The Agency may reopen the public comment period under this Section if doing so

could expedite the decisionmaking process.

If the public comment period is reopened under this subsection (a), any

person, including the applicant, who believes any condition of a draft

permit is inappropriate or that the Agency’s tentative decision to deny an

application or prepare a draft permit is inappropriate, must submit all

reasonably available factual grounds supporting their position, including

all supporting material, before a date, not less than 60 days after public

notice given under subsection (a)(2) of this Section, set by the Agency.

Thereafter, any person may file a written response to the material filed by

any other person, by a date, not less than 20 days after the date set for

filing of the material (as set forth in the preceding sentence), set by the

Agency.

Public notice of any comment period under this subsection (a) must

identify the issues to which the requirements of this subsection (a) will

apply.

On its own motion or on the request of any person, the Agency may direct

that the requirements of subsection (a)(1) of this Section will apply during

the initial public comment period where the Agency determines that

issuance of the permit will be contested and that applying the

requirements of subsection (a)(1) of this Section will substantially

expedite the decisionmaking process. The notice of the draft permit must

state whenever this has been done.

A comment period of longer than 60 days may be necessary in

complicated proceedings to give commenters a reasonable opportunity to

comply with the requirements of this Section. A commenter may request

a longer comment period, and one must be granted under Subpart D of this

Part to the extent that the Agency determines that a longer comment

period is necessary.

If any data, information, or arguments submitted during the public comment period

appear to raise substantial new questions concerning a permit, the Agency may

undertake one or more of the following actions:

It may prepare a new draft permit, appropriately modified, under Section

705.141;

It may prepare a revised statement of basis, a fact sheet, or a revised fact

sheet and reopen the comment period under subsection (b)(3) of this Section;

It may reopen or extend the comment period to give interested persons an

opportunity to comment on the information or arguments submitted.

Comments filed during the reopened comment period must be limited to the

substantial new questions that caused its reopening. The public notice under Subpart

D of this Part must define the scope of the reopening.

After an extended comment period, the Agency may undertake final action under

Section 705.201 that it deems appropriate based on the record.

Public notice of any of the above actions must be issued under Subpart D of this Part.

BOARD NOTE: Derived from 40 CFR 124.14 (2002).

(Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

SUBPART F: PERMIT ISSUANCE

Section 705.201

Final Permit Decision

After the close of the public comment period under Subpart D of this Part or Section

705.182, the Agency must issue a final permit decision.

A final permit decision must consist of either of the following:

A letter of denial that includes each of the following:

The Sections of the appropriate Act that may be violated if the permit

were granted;

The provisions of Board regulations that may be violated if the permit

were granted;

The specific type of information, if any, that the Agency deems the

applicant did not provide with its application; and

A statement of specific reasons why the Act and the regulations

might not be met if the permit were granted; or

Issuance of a permit.

On the date of the final permit decision, the Agency must notify the applicant and

each person who has submitted written comments or requested notice of the final

permit decision. This notice must include reference to the procedures for appealing

an Agency RCRA or UIC permit decision under Section 705.212.

A final permit must become effective 35 days after the final permit decision made

under subsection (a) of this Section, unless:

A later effective date is specified in the permit; or

Review is requested under Section 705.212, in which case the effective date

and conditions will be stayed as provided in Sections 705.202 through

705.205.

BOARD NOTE: This Section corresponds with and is partially derived from 40 CFR 124.15

(2002).

(Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.202

Stay of Permit Conditions upon Appeal

An appeal pursuant to Section 705.212 has the following effect on permit conditions:

If a timely application was filed for renewal of an existing permit, the existing permit

and all its conditions continue to apply during the pendency of the appeal of the

renewal permit application, unless the Board orders otherwise.

If an application was filed for renewal of an existing permit after the expiration date

of the existing permit, the effect of the new permit and all its conditions are stayed

pending the outcome of the appeal, and the facility is without a permit during that

time, unless the Board orders otherwise.

If an application was filed for a permit for a new facility, the effect of the new permit

and all its conditions are stayed pending the outcome of the appeal.

Contested permit conditions and all permit conditions that are not separable from

contested permit conditions are stayed during the pendency of the appeal. The Board

may issue an order that identifies the conditions in a permit that are inseparable from

contested permit conditions. Where the Board has issued an order that stays some

but not all the conditions of a new permit during the pendency of an appeal,

compliance is required with those conditions of the existing permit that correspond

with the stayed conditions of the new permit, unless compliance with the existing

conditions is technologically incompatible with the conditions of the new permit that

are not stayed.

BOARD NOTE: Derived from 40 CFR 124.16 (2002).

(Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.203

Stay for New Application or upon Untimely Application for Renewal

(Repealed)

(Source: Repealed at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.204

Stay upon Reapplication or for Modification (Repealed)

(Source: Repealed at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.205

Stay Following Interim Status (Repealed)

(Source: Repealed at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.210

Agency Response to Comments

At the time that any final permit decision is issued under Section 705.201, the

Agency must issue a response to comments. This response must do the following:

It must specify which provisions, if any, of the draft permit have been

changed in the final permit decision, and the reasons for the change; and

It must briefly describe and respond to all significant comments on the draft

permit raised during the public comment period.

Any documents cited in the response to comments must be included in the

administrative record for the final permit decision as defined in Section 705.211. If

new points are raised or new material supplied during the public comment period, the

Agency may document its response to those matters by adding new materials to the

administrative record.

The response to comments must be available to the public in accordance with

Agency rules and procedures for access to Agency records.

BOARD NOTE: Derived in part from 40 CFR 124.17 (2002).

(Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.211

Administrative Record for Final Permits or Letters of Denial

The Agency must base final permit decisions under Section 705.201 on the

administrative record defined in this Section.

The administrative record for any final permit or letter of denial must consist of the

administrative record for the draft permit together with the following:

All comments received during the public comment period provided under

Subpart D of this Part (including any extension or reopening under Section

705.184);

The tape or transcript of any hearing held under Section 705.182;

Any written materials submitted at such a hearing;

The response to comments required by Section 705.210 and any new

material placed in the record under that Section;

Other documents contained in the supporting file for the permit; and

The final permit or letter of denial.

The additional documents required under subsection (b) of this Section should be

added to the record as soon as possible after their receipt or publication by the

Agency. The record must be completed on the date that the final permit or letter of

denial is issued.

This Section applies to all final RCRA permits, UIC permits, and letters of denial,

when the draft permit was subject to the administrative record requirements of

Section 705.144.

BOARD NOTE: Derived from 40 CFR 124.18 (2002).

(Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.212

Appeal of Agency Permit Determinations

Within 35 days after a RCRA or UIC final permit decision notification has been

issued under Section 705.201, the following persons may petition the Board to

review any condition of the permit decision:

The permit applicant, and

Any person who filed comments on the draft permit or who participated in

the public hearing on the draft permit.

Any person who failed to file comments or failed to participate in the public hearing

on the draft permit may petition for administrative review only to the extent of the

changes from the draft to the final permit decision.

A petition for review must include a statement of the reasons supporting that review,

including a demonstration that any issues being raised were raised during the public

comment period (including any public hearing) to the extent required in this Part; in

all other respects, the petition must comport with the requirements for permit appeals

generally, as set forth in 35 Ill. Adm. Code 105.

Except as otherwise provided in this Part, the provisions of 35 Ill. Adm. Code 105

generally will govern appeals of RCRA and UIC permits under this Section.

References in the procedural rules to the Agency permit application record will

mean, for purposes of this Section, the administrative record for the final permit or

letter of denial, as defined in Section 705.211.

An appeal under subsection (a) or (b) of this Section is a prerequisite to the seeking

of judicial review of the final agency action under the administrative review

provisions of Article III of the Code of Civil Procedure [735 ILCS 5/Art. III].

BOARD NOTE: This Section corresponds with 40 CFR 124.19(a) (2002).

(Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

SUBPART G: PROCEDURE FOR RCRA STANDARDIZED PERMIT

Section 705.300

General Information About RCRA Standardized Permits

RCRA standardized permit. A RCRA standardized permit is a special form of

RCRA permit that may consist of two parts: a uniform portion that the Agency

issues in all cases, and a supplemental portion that the Agency issues on a case-

by-case basis at its discretion. The term “RCRA standardized permit” is defined

in 35 Ill. Adm. Code 702.110.

The uniform portion. The uniform portion of a RCRA standardized permit

consists of terms and conditions, relevant to the units operated at a facility,

that appear in 35 Ill. Adm. Code 727 (Standards for Owners and Operators

of Hazardous Waste Facilities Operating under a RCRA Standardized

Permit). If an owner or operator intends to operate under the RCRA

standardized permit, it must comply with the nationally applicable terms

and conditions of 35 Ill. Adm. Code 727.

The supplemental portion. The supplemental portion of a RCRA

standardized permit consists of site-specific terms and conditions, beyond

those of the uniform portion, that the Agency may impose on a particular

facility, as necessary to adequately protect human health and the

environment. If the Agency issues a supplemental portion, the owner or

operator must comply with the Agency-imposed site-specific terms and

conditions.

When required pursuant to 35 Ill. Adm. Code 727.190(l),

provisions to implement corrective action must be included in the

supplemental portion.

Unless otherwise specified, the supplemental permit terms and

conditions apply to a facility in addition to the terms and

conditions of the uniform portion of the RCRA standardized

permit and not in place of any of those terms and conditions.

BOARD NOTE: Subsection (a) is derived from 40 CFR 124.200, as added at 70

Fed. Reg. 53420 (Sep. 8, 2005).

Eligibility for a RCRA standardized permit.

A facility owner or operator may be eligible for a RCRA standardized

permit if it engages in either of the following:

It generates hazardous waste and then stores or non-thermally

treats the hazardous waste on-site in containers, tanks, or

containment buildings; or

It receives hazardous waste generated off-site by a generator under

the same ownership as the receiving facility, and then it stores or

non-thermally treats the hazardous waste in containers, tanks, or

containment buildings.

In either case, the Agency must inform the owner or operator of its

eligibility when a decision is made on its permit.

This subsection (b)(2) corresponds with 40 CFR 124.201(b), which

USEPA has marked “reserved.” This statement maintains structural

consistency with the corresponding federal rule.

BOARD NOTE: Subsection (b) is derived from 40 CFR 124.201, as added at 70

Fed. Reg. 53420 (Sep. 8, 2005).

(Source: Added at 31 Ill. Reg. 706, effective December 20, 2006)

Section 705.301

Applying for a RCRA Standardized Permit

Applying for a RCRA standardized permit.

A facility owner or operator must follow the requirements in this Subpart,

as well as those in 35 Ill. Adm. Code 703.191 and Subparts B and J of 35

Ill. Adm. Code 703.

The owner or operator must submit to the Agency a written Notice of

Intent to operate under the RCRA standardized permit. The owner or

operator must also include the information and certifications required

pursuant to Subpart J of 35 Ill. Adm. Code 703.

BOARD NOTE: Subsection (a) is derived from 40 CFR 124.202, as added at 70

Fed. Reg. 53420 (Sep. 8, 2005).

Switching from an individual RCRA permit to a RCRA standardized permit.

Where all units in the RCRA permit are eligible for a RCRA standardized permit,

the owner or operator may request that the Agency reissue its individual permit as

a RCRA standardized permit. Where only some of the units in the RCRA permit

are eligible for the RCRA standardized permit, the owner or operator may request

that the Agency modify its individual permit to no longer include those units and

issue a RCRA standardized permit for those units. The Agency must modify or

reissue any permit in accordance with 35 Ill. Adm. Code 705.128. The Agency

must issue any RCRA standardized permit (or reissue a RCRA permit as a RCRA

standardized permit) in accordance with Section 705.302(a).

BOARD NOTE: Subsection (b) is derived from 40 CFR 124.203, as added at 70

Fed. Reg. 53420 (Sep. 8, 2005).

(Source: Added at 31 Ill. Reg. 706, effective December 20, 2006)

Section 705.302

Issuance of a RCRA Standardized Permit

Agency preparation of a draft RCRA standardized permit.

The Agency must review the Notice of Intent and supporting information

submitted by the facility owner or operator.

The Agency must determine whether the facility is or is not eligible to

operate under the RCRA standardized permit.

If the facility is eligible for the RCRA standardized permit, the

Agency must propose terms and conditions, if any, to include in a

supplemental portion. If the Agency determines that these terms

and conditions are necessary to adequately protect human health

and the environment, and the terms and conditions cannot be

imposed, the Agency must tentatively deny coverage under the

RCRA standardized permit.

If the facility is not eligible for the RCRA standardized permit, the

Agency must tentatively deny coverage under the RCRA

standardized permit. Cause for ineligibility may include, but is not

limited to, the following:

A failure of owner or operator to submit all the information

required pursuant to 35 Ill. Adm. Code 703.351(b).

ii)

Information submitted that is required pursuant to 35 Ill.

Adm. Code 703.351(b) that is determined to be inadequate.

iii)

The facility does not meet the eligibility requirements (its

activities are outside the scope of the RCRA standardized

permit).

iv)

A demonstrated history of significant non-compliance with

applicable requirements.

Permit conditions cannot ensure adequate protection of

human health and the environment.

The Agency must prepare its draft permit decision within 120 days after

receiving the Notice of Intent and supporting documents from a facility

owner or operator. The Agency’s tentative determination pursuant to this

Section to deny or grant coverage under the RCRA standardized permit,

including any proposed site-specific conditions in a supplemental portion,

constitutes a draft permit decision. The Agency is allowed a one time

extension of 30 days to prepare the draft permit decision. When the use of

the 30-day extension is anticipated, the Agency must inform the permit

applicant during the initial 120-day review period. Reasons for an

extension may include, but are not limited to, needing to complete review

of submissions with the Notice of Intent (

e.g.

, closure plans, waste

analysis plans, etc. for facilities seeking to manage hazardous waste

generated off-site).

Many requirements in this Part and 35 Ill. Adm. Code 702 apply to

processing the RCRA standardized permit application and preparing the

Agency’s draft permit decision. For example, the Agency’s draft permit

decision must be accompanied by a statement of basis or fact sheet and

must be based on the administrative record. In preparing the Agency’s

draft permit decision, the following provisions of this Part and 35 Ill.

Adm. Code 702 apply (subject to the following modifications):

Section 705.101 (Scope and Applicability): all subsections apply.

35 Ill. Adm. Code 702.110 (Definitions): all definitions apply.

Sections 705.121 (Permit Application) and 705.124 (Site Visit):

all subsections apply.

Section 705.127 (Consolidation of Permit Processing): applies.

Section 705.128 (Modification or Reissuance of Permits): does

not apply.

Section 705.141 (Draft Permits): does not apply to the RCRA

RCRA standardized permit; procedures in this Subpart G apply

instead.

Section 705.142 (Statement of Basis): applies.

Section 705.143 (Fact Sheet): all subsections apply; however, in

the context of the RCRA standardized permit, the reference to the

public comment period is Section 705.303(b) instead of Subpart D

of this Part.

Section 705.144 (Administrative Record for Draft Permits or

Notices of Intent to Deny): all subsections apply.

Subpart D of this Part (Public Notice): only Section 705.163(a)(4)

and (a)(5)(A) applies to the RCRA standardized permit. Most of

Subpart D of this Part does not apply to the RCRA standardized

permit; Section 705.303(a) through (c) applies instead.

BOARD NOTE: Subsection (a) is derived from 40 CFR 124.204, as added at 70

Fed. Reg. 53420 (Sep. 8, 2005).

Preparation of a final RCRA standardized permit. The Agency must consider all

comments received during the public comment period (see Section 705.303(b)) in

making its final permit decision. In addition, many requirements in this Part and

35 Ill. Adm. Code 702 apply to the public comment period, public hearings, and

preparation of the Agency’s final permit decision. In preparing a final permit

decision, the following provisions of this Part and 35 Ill. Adm. Code 702 apply

(subject to the following modifications):

Section 705.101 (Scope and Applicability): all subsections apply.

35 Ill. Adm. Code 702.110 (Definitions): all definitions apply.

Section 705.181 (Public Comments and Requests for Public Hearings):

Section 705.181 does not apply to the RCRA standardized permit; the

procedures in Section 705.303(b) apply instead.

Section 705.182 (Public Hearings): Section 705.182(b), (c), and (d)

applies.

Section 705.183 (Obligation to Raise Issues and Provide Information): all

subsections apply; however, in the context of the RCRA standardized

permit, the reference to the public comment period is Section 705.303(b)

instead of Subpart D of this Part.

Section 705.184 (Reopening of the Public Comment Period): all of

subsections apply; however, in the context of the RCRA standardized

permit, the reference in Section 705.184(b)(1) to preparation of a draft

permit is Section 705.302(a) instead of Section 705.141; the reference in

Section 705.184(b)(3) to reopening or extending the comment period

relates to Section 705.303(b); the reference in Section 705.184(c) to the

public notice is Section 705.303(a) instead of Subpart D of this Part.

Section 705.201 (Final Permit Decision): all subsections apply; however,

in the context of the RCRA standardized permit, the reference to the

public comment period is Section 705.303(b) instead of Subpart D of this

Part.

Section 705.202 (Stay of Permit Conditions upon Appeal): all subsections

apply.

Section 705.210 (Agency Response to Comments): Section 705.210 does

not apply to the RCRA standardized permit; procedures in Section

705.303(c) apply instead.

10)

Section 705.211 (Administrative Record for Final Permit or Letters of

Denial): all subsections apply, however, the reference to response to

comments is Section 705.303(c) instead of Section 705.210.

11)

Section 705.212 (Appeal of Appeal of Agency Permit Determinations): .

all subsections apply.

12)

Section 705.103 (Computation of Time): all subsections apply.

BOARD NOTE: Subsection (b) is derived from 40 CFR 124.205, as added at 70

Fed. Reg. 53420 (Sep. 8, 2005).

When a facility owner or operator must apply for an individual permit.

Instances in which the Agency may determine that a facility is not eligible

for the RCRA standardized permit include, but are not limited to, the

following:

The facility does not meet the criteria in Section 705.300(b).

The facility has a demonstrated history of significant non-

compliance with regulations or permit conditions.

The facility has a demonstrated history of submitting incomplete or

deficient permit application information.

The facility has submitted incomplete or inadequate materials with

the Notice of Intent (submitted pursuant to Section 705.301(a)(2)).

If the Agency determines that a facility is not eligible for the RCRA

standardized permit, the Agency must inform the facility owner or

operator that it must apply for an individual permit.

The Agency may require any facility that has a RCRA standardized permit

to apply for and obtain an individual RCRA permit. Any interested person

may petition the Agency to take action pursuant to this subsection (c)(3).

Instances in which the Agency may require an individual RCRA permit

include, but are not limited to, the following:

The facility is not in compliance with the terms and conditions of

the standardized RCRA permit.

Circumstances have changed since the time the facility owner or

operator applied for the RCRA standardized permit, so that the

facility’s hazardous waste management practices are no longer

appropriately controlled under the RCRA standardized permit.

The Agency may require any facility authorized by a RCRA standardized

permit to apply for an individual RCRA permit only if the Agency has

notified the facility owner or operator in writing that an individual permit

application is required. The Agency must include in this notice a brief

statement of the reasons for its decision, a statement setting a deadline for

the owner or operator to file the application, and a statement that, on the

effective date of the individual RCRA permit, the facility’s RCRA

standardized permit automatically terminates. The Agency may grant

additional time upon request from the facility owner or operator.

When the Agency issues an individual RCRA permit to an owner or

operator otherwise subject to a standardized RCRA permit, the RCRA

standardized permit for that facility will automatically cease to apply on

the effective date of the individual permit.

BOARD NOTE: Subsection (c) is derived from 40 CFR 124.206, as added at 70

Fed. Reg. 53420 (Sep. 8, 2005). An owner or operator authorized to operate

under a RCRA standardized permit that is required by the Agency to submit an

application for an individual permit pursuant to this subsection (c) may appeal

that Agency determination before the Board pursuant to Section 40 of the Act

[415 ILCS 5/40] and 35 Ill. Adm. Code 101 and 105.

(Source: Added at 31 Ill. Reg. 706, effective December 20, 2006)

Section 705.303

Public Participation in the RCRA Standardized Permit Process

Requirements for public notices.

The Agency must provide public notice of its draft permit decision and

must provide an opportunity for the public to submit comments and

request a hearing on that decision. The Agency must provide the public

notice to the following persons:

The applicant;

Any other agency that the Agency knows has issued or is required

to issue a RCRA permit for the same facility or activity (including

USEPA when the draft permit is prepared by the State);

Federal and State agencies with jurisdiction over fish, shellfish,

and wildlife resources and over coastal zone management plans,

the Advisory Council on Historic Preservation, Illinois Historic

Preservation Agency, including any affected states;

Everyone on the facility mailing list developed according to the

requirements in Section 705.163(a)(4); and

Any units of local government having jurisdiction over the area

where the facility is proposed to be located and to each State

agency having any authority under State law with respect to the

construction or operation of the facility.

The Agency must issue the public notice according to the following

methods:

Publication in a daily or weekly major local newspaper of general

circulation and broadcast over local radio stations;

In a manner constituting legal notice to the public under State law;

and

Any other method reasonably calculated to give actual notice of

the draft permit decision to the persons potentially affected by it,

including press releases or any other forum or medium to elicit

public participation.

The Agency must include the following information in the public notice:

The name and telephone number of the contact person at the

facility.

The name and telephone number of the Agency’s contact office,

and a mailing address to which people may direct comments,

information, opinions, or inquiries.

An address to which people may write to be put on the facility

mailing list.

The location where people may view and make copies of the draft

RCRA standardized permit and the Notice of Intent and supporting

documents.

A brief description of the facility and proposed operations,

including the address or a map (for example, a sketched or copied

street map) of the facility location on the front page of the notice.

The date that the facility owner or operator submitted the Notice of

Intent and supporting documents.

At the same time that the Agency issues the public notice pursuant to this

Section, it must place the draft RCRA standardized permit (including both

the uniform portion and the supplemental portion, if any), the Notice of

Intent and supporting documents, and the statement of basis or fact sheet

in a location accessible to the public in the vicinity of the facility or at the

local Agency office.

BOARD NOTE: Subsection (a) is derived from 40 CFR 124.207, as added at 70

Fed. Reg. 53420 (Sep. 8, 2005).

Opportunities for public comment and hearing on a draft permit decision.

The public notice that the Agency issues pursuant to Section 705.303(a)

must allow at least 45 days for interested persons to submit written

comments on its draft permit decision. This time is referred to as the

public comment period. The Agency must automatically extend the public

comment period to the close of any public hearing pursuant to this

subsection (b). The hearing officer may also extend the comment period

by so stating at the hearing.

During the public comment period, any interested person may submit

written comments on the draft permit and may request a public hearing.

Any request for a public hearing must be submitted to the Agency in

writing. The request for a public hearing must state the nature of the

issues that the requestor proposes to raise during the hearing.

The Agency must hold a public hearing whenever it receives a written

notice of opposition to a RCRA standardized permit and a request for a

public hearing within the public comment period pursuant to subsection

(b)(1) of this Section. The Agency may also hold a public hearing at its

discretion, whenever, for instance, such a hearing might clarify one or

more issues involved in the permit decision.

Whenever possible, the Agency must schedule a hearing pursuant to this

subsection (b) at a location convenient to the nearest population center to

the facility. The Agency must give public notice of the hearing at least 30

days before the date set for the hearing. (The Agency may give the public

notice of the hearing at the same time it provides public notice of the draft

permit, and the Agency may combine the two notices.)

The Agency must give public notice of the hearing according to the

methods in Section 705.303(a)(1) and (a)(2). The hearing must be

conducted according to the procedures in Section 705.182(b), (c), and (d).

In their written comments and during the public hearing, if held, interested

persons may provide comments on the draft permit decision. These

comments may include, but are not limited to, the facility’s eligibility for

the RCRA standardized permit, the tentative supplemental conditions

proposed by the Agency, and the need for additional supplemental

conditions.

BOARD NOTE: Subsection (b) is derived from 40 CFR 124.208, as added at 70

Fed. Reg. 53420 (Sep. 8, 2005).

Requirements for responding to comments.

At the time the Agency issues a final RCRA standardized permit, it must

also respond to comments received during the public comment period on

the draft permit. The Agency’s response must do each of the following:

It must specify which additional conditions (

i.e.

, those in the

supplemental portion), if any, the Agency changed in the final

permit, and the reasons for each change.

It must briefly describe and respond to all significant comments on

the facility’s ability to meet the general requirements (

i.e.

, those

terms and conditions in the uniform portion) and all significant

comments on any additional conditions necessary to adequately

protect human health and the environment that are raised during

the public comment period or during the hearing.

It must make the comments and responses accessible to the public.

The Agency may request additional information from the facility owner or

operator or inspect the facility if it needs additional information to

adequately respond to significant comments or to make decisions about

conditions that it may need to add to the supplemental portion of the

RCRA standardized permit.

The Agency must include in the administrative record for its final permit

decision any documents cited in the response to comments. If new points

are raised or new material supplied during the public comment period, the

Agency may document its response to those matters by adding new

materials to the administrative record.

BOARD NOTE: Subsection (c) is derived from 40 CFR 124.209, as added at 70

Fed. Reg. 53420 (Sep. 8, 2005).

Appeal of a final RCRA standardized permit by an interested party in the permit

process. An interested party may petition the Board for administrative review of

the Agency’s final permit decision, including the Agency’s decision that the

facility is eligible for the RCRA standardized permit, according to the procedures

of Section 705.212. However, the terms and conditions of the uniform portion of

the RCRA standardized permit are not subject to administrative review pursuant

to this subsection (d).

BOARD NOTE: Subsection (d) is derived from 40 CFR 124.210, as added at 70

Fed. Reg. 53420 (Sep. 8, 2005).

(Source: Added at 31 Ill. Reg. 706, effective December 20, 2006)

Section 705.304

Modifying a RCRA Standardized Permit

Permissible types of changes an owner or operator may make to its RCRA

standardized permit. A facility owner or operator may make a routine change, a

routine change with prior Agency approval, or a significant change. For the

purposes of this subsection (a), the following definitions apply:

“Routine change” is any change to the RCRA standardized permit that

qualifies as a Class 1 permit modification (without prior Agency approval)

pursuant to Appendix A to 35 Ill. Adm. Code 703.

“Routine change with prior Agency approval” is a change to the RCRA

standardized permit that would qualify as a class 1 modification with prior

agency approval, or a Class 2 permit modification pursuant to Appendix A

to 35 Ill. Adm. Code 703.

“Significant change” is any change to the RCRA standardized permit that

falls into one of the following categories:

It qualifies as a Class 3 permit modification pursuant to Appendix

A to 35 Ill. Adm. Code 703;

It is not explicitly identified in Appendix A to 35 Ill. Adm. Code

703; or

It amends any terms or conditions in the supplemental portion of

the RCRA standardized permit.

BOARD NOTE: Subsection (a) is derived from 40 CFR 124.211, as added at 70

Fed. Reg. 53420 (Sep. 8, 2005).

Procedures to make routine changes.

An owner or operator can make routine changes to the RCRA

standardized permit without obtaining approval from the Agency.

However, the owner or operator must first determine whether the routine

change it will make amends the information it submitted to the Agency

pursuant to 35 Ill. Adm. Code 703.351(b) with its Notice of Intent to

operate under the RCRA standardized permit.

If the routine changes that the owner or operator makes amend the

information it submitted pursuant to 35 Ill. Adm. Code 703.351(b) with its

Notice of Intent to operate under the RCRA standardized permit, then

before the owner or operator makes the routine changes it must do both of

the following:

It must submit to the Agency the revised information pursuant to

35 Ill. Adm. Code 703.351(b)(1); and

It must provide notice of the changes to the facility mailing list and

to State and local governments in accordance with the procedures

in Section 705.163(a)(4) and (a)(5).

BOARD NOTE: Subsection (b) is derived from 40 CFR 124.212, as added at 70

Fed. Reg. 53420 (Sep. 8, 2005).

Procedures for routine changes with prior Agency approval.

Routine changes to the RCRA standardized permit may only be made with

the prior written approval of the Agency.

The owner or operator must also follow the procedures in subsections

(b)(2)(A) and (b)(2)(B) of this Section.

BOARD NOTE: Subsection (c) is derived from 40 CFR 124.213, as added at 70

Fed. Reg. 53420 (Sep. 8, 2005).

Procedures the owner or operator must follow to make significant changes.

The owner or operator must first provide notice of and conduct a public

meeting.

Public meeting. The owner or operator must hold a meeting with

the public to solicit questions from the community and inform the

community of its proposed modifications to its hazardous waste

management activities. The owner or operator must post a sign-in

sheet or otherwise provide a voluntary opportunity for people

attending the meeting to provide their names and addresses.

Public notice. At least 30 days before the owner or operator plans

to hold the meeting, it must issue a public notice in accordance

with 35 Ill. Adm. Code 703.191(d).

After holding the public meeting, the owner or operator must submit a

modification request to the Agency that provides the following

information:

It must describe the exact changes that the owner or operator wants

and whether the changes are to information that the owner or

operator provided pursuant to 35 Ill. Adm. Code 703.351(b) or to

terms and conditions in the supplemental portion of its RCRA

standardized permit;

It must explain why the modification is needed; and

It must include a summary of the public meeting held pursuant to

subsection (d)(1) of this Section, along with the list of attendees

and their addresses and copies of any written comments or

materials they submitted at the meeting.

Once the Agency receives an owner’s or operator’s modification request,

it must make a tentative determination within 120 days to approve or

disapprove the request. The Agency is allowed a one time extension of 30

days to prepare the draft permit decision. When the use of the 30-day

extension is anticipated, the Agency should inform the permit applicant

during the initial 120-day review period.

After the Agency makes its tentative determination, the procedures in

Sections 705.302(b) and 705.303 for processing an initial request for

coverage under the RCRA standardized permit apply to making the final

determination on the modification request.

BOARD NOTE: Subsection (d) is derived from 40 CFR 124.214, as added at 70

Fed. Reg. 53420 (Sep. 8, 2005).

(Source: Added at 31 Ill. Reg. 706, effective December 20, 2006)

Section 705.Appendix A

Procedures for Permit Issuance

(Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.Appendix B

Modification Process

(Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.Appendix C

Application Process

(Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.Appendix D

Application Review Process

(Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.Appendix E

Public Comment Process

(Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.Appendix F

Permit Issuance or Denial

(Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)