SUBTITLE G: WASTE DISPOSAL

TITLE 35: ENVIRONMENTAL PROTECTION

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 738

HAZARDOUS WASTE INJECTION RESTRICTIONS

SUBPART A: GENERAL

Section

738.101

Purpose, Scope, and Applicability

738.102

Definitions

738.103

Dilution Prohibited as a Substitute for Treatment

738.104

Case-by-Case Extensions of an Effective Date

738.105

Waste Analysis

738.106

Electronic Reporting

SUBPART B: PROHIBITIONS ON INJECTION

Section

738.110

Waste-Specific Prohibitions: Solvent Wastes

738.111

Waste-Specific Prohibitions: Dioxin-Containing Wastes

738.112

Waste-Specific Prohibitions: California List Wastes

738.114

Waste-Specific Prohibitions: First Third Wastes

738.115

Waste-Specific Prohibitions: Second Third Wastes

738.116

Waste-Specific Prohibitions: Third Third Wastes

738.117

Waste-Specific Prohibitions: Newly-Listed Wastes

738.118

Waste-Specific prohibitions: Newly-Listed and Identified Wastes

SUBPART C: PETITION STANDARDS AND PROCEDURES

Section

738.120

Petitions to Allow Injection of a Prohibited Waste

738.121

Required Information to Support Petitions

738.122

Submission, Review, and Approval or Denial of Petitions

738.123

Review of Adjusted Standards

738.124

Termination of Approved Petition

AUTHORITY: Implementing Sections 7.2, and 22.4 and authorized by Section 27 of the

Environmental Protection Act [415 ILCS 5/7.2, 22.4, and 27].

SOURCE: Adopted in R89-2 at 14 Ill. Reg. 3059, effective February 20, 1990; amended in R89-

11 at 14 Ill. Reg. 11948, effective July 9, 1990; amended in R90-14 at 15 Ill. Reg. 11425,

effective July 24, 1991; amended in R92-13 at 17 Ill. Reg. 6190, effective April 5, 1993;

amended in R93-6 at 17 Ill. Reg. 15641, effective September 14, 1993; amended in R95-4 at 19

Ill. Reg. 9501, effective June 27, 1995; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 238,

effective December 16, 1997; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17486, effective

September 28, 1998; amended in R98-21/R99-2/R99-7 at 23 Ill. Reg. 1695, effective January 19,

1999; amended in R00-11/R01-1 at 24 Ill. Reg. 18576, effective December 7, 2000; amended in

R01-21/R01-23 at 25 Ill. Reg. 9161, effective July 9, 2001; amended in R02-1/R02-12/R02-17 at

26 Ill. Reg. 6835, effective April 22, 2002; amended in R06-5/R06-6/R06-7 at 30 Ill. Reg. 4053,

effective February 23, 2006; amended in R06-16/R06-17/R06-18 at 31 Ill. Reg. 1407, effective

December 20, 2006.

SUBPART A: GENERAL

Section 738.101

Purpose, Scope, and Applicability

This Part identifies hazardous wastes that are restricted from disposal into Class I

wells and defines those circumstances under which a waste, otherwise prohibited

from injection, may be injected.

The requirements of this Part apply to owners or operators of the following Class

I wells:

Hazardous waste injection wells that are used to inject hazardous waste;

and

Injection wells that are used to inject wastes which once exhibited a

prohibited characteristic of hazardous waste identified in 35 Ill. Adm.

Code 721.Subpart C, at the point of generation, and which no longer

exhibit the characteristic at the point of injection.

Wastes otherwise prohibited from injection may continue to be injected:

If an extension from the effective date of a prohibition has been granted

pursuant to Section 738.104; or

If an adjusted standard has been granted in response to a petition filed

under Section 738.120; or

If the waste is generated by a conditionally exempt small quantity

generator, as defined in 35 Ill. Adm. Code 721.105.

A waste that is hazardous only because it exhibits a characteristic of hazardous

waste and which is otherwise prohibited from injection under this Part or 35 Ill.

Adm. Code 728 is not prohibited from injection if the following is true of the

waste:

It is disposed into a non-hazardous or hazardous waste injection well, as

defined under 35 Ill. Adm. Code 730.106(a); and

It does not exhibit any prohibited characteristic of hazardous waste

identified in 35 Ill. Adm. Code 721.Subpart C at the point of injection.

BOARD NOTE: Derived from 40 CFR 148.1 (1996).

(Source: Amended at 22 Ill. Reg. 17486, effective September 28, 1998)

Section 738.102

Definitions

“EPA Hazardous Waste Number” means the number assigned by EPA pursuant to

each hazardous waste listed in 35 Ill. Adm. Code 721.Subpart D and to each

characteristic identified in 35 Ill. Adm. Code 721.Subpart C.

“Injection interval” means that part of the injection zone in which the well is

screened, or in which the waste is otherwise directly emplaced.

“Transmissive fault or fracture” is a fault or fracture that has sufficient

permeability and vertical extent to allow fluids to move between formations.

BOARD NOTE: Derived from 40 CFR 148.2 (1988), as added at 53 Fed. Reg.

28155, July 26, 1988.

Section 738.103

Dilution Prohibited as a Substitute for Treatment

The provisions of 35 Ill. Adm. Code 728.103 shall apply to owners or operators of

Class I wells used to inject a waste that is hazardous at the point of generation

whether or not the waste is hazardous at the point of injection.

Owners or operators of Class I nonhazardous waste injection wells that inject

waste formerly exhibiting a hazardous characteristic which has been removed by

dilution may address underlying hazardous constituents by treating the hazardous

waste, obtaining an exemption pursuant to a petition filed under Section 738.120,

or complying with the provisions set forth in 35 Ill. Adm. Code 728.109.

BOARD NOTE: Derived from 40 CFR 148.3 (1996).

(Source: Amended at 22 Ill. Reg. 238, effective December 16, 1997)

Section 738.104

Case-by-Case Extensions of an Effective Date

The owner or operator of a Class I hazardous or nonhazardous waste injection well may submit

an application to USEPA for an extension of the effective date of any applicable prohibition

established under Subpart B. (See 35 Ill. Adm. Code 728.105.)

BOARD NOTE: Derived from 40 CFR 148.4 (1996).

(Source: Amended at 22 Ill. Reg. 238, effective December 16, 1997)

Section 738.105

Waste Analysis

Generators of hazardous wastes that are disposed of into Class I injection wells must comply

with the applicable requirements of 35 Ill. Adm. Code 728.107(a) and (b). Owners or operators

of Class I hazardous waste injection wells must comply with the applicable requirements of 35

Ill. Adm. Code 728.107(c).

BOARD NOTE: Derived from 40 CFR 148.5 (1988), as added at 53 Fed. Reg. 28155, July 26,

1988.

Section 738.106

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, 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. 1407, effective December 20, 2006)

SUBPART B: PROHIBITIONS ON INJECTION

Section 738.110

Waste Specific Prohibitions - Solvent Wastes

The spent solvent wastes specified in 35 Ill. Adm. Code 721.131 by the following

EPA Hazardous Waste numbers are prohibited from underground injection:

F001

F002

F003

F004

F005

The requirements of subsection (a) above do not apply:

If the wastes meet or are treated to meet the standards of 35 Ill. Adm.

Code 728.Subpart D; or

If an adjusted standard has been granted in response to a petition under

Subpart C of this Part; or

During the period of extension of the applicable effective date, if an

extension has been granted under Section 738.Subpart D.

BOARD NOTE: Derived from 40 CFR 148.10 (1991), as amended at 57

Fed. Reg. 8088, March 6, 1992.

(Source: Amended at 17 Ill. Reg. 6190, effective April 5, 1993)

Section 738.111

Waste Specific Prohibitions - Dioxin-Containing Wastes

The dioxin-containing wastes specified in 35 Ill. Adm. Code 721.131 by the

following EPA Hazardous Waste numbers are prohibited from underground

injection:

F020

F021

F022

F023

F026

F027

F028

The requirements of subsection (a) do not apply:

If the wastes meet or are treated to meet the standards of 35 Ill. Adm.

Code 728.Subpart D; or

If an adjusted standard has been granted in response to a petition under

Subpart C; or

During the period of extension of the applicable effective date, if an

extension has been granted under Section 738.104.

BOARD NOTE: Derived from 40 CFR 148.11 (1989).

(Source: Amended at 14 Ill. Reg. 11948, effective July 9, 1990)

Section 738.112

Waste Specific Prohibitions - California List Wastes

The hazardous wastes listed in 35 Ill. Adm. Code 728.132 containing

polychlorinated biphenyls at concentrations greater than or equal to 50 ppm or

halogenated organic compounds at concentrations greater than or equal to 10,000

mg/kg are prohibited from underground injection.

The following hazardous wastes are prohibited from underground injection:

Liquid hazardous wastes, including free liquids associated with any solid

or sludge, containing free cyanides at concentrations greater than or equal

to 1000 mg/l;

Liquid hazardous wastes, including free liquids associated with any solid

or sludge, containing the following metals (or elements) or compounds of

these metals (or elements) at concentrations greater than or equal to those

specified below:

Arsenic or compounds (as As) 500 mg/l;

Cadmium or compounds (as Cd) 100 mg/l;

Chromium (VI) or compounds (as Cr VI) 500 mg/l;

Lead or compounds (as Pb) 500 mg/l;

Mercury or compounds (as Hg) 20 mg/l;

Nickel or compounds (as Ni) 134 mg/l;

Selenium or compounds (as Se) 100 mg/l; and

Thallium or compounds (as Tl) 130 mg/l;

Liquid hazardous waste having a pH less than or equal to two (2.0); and

Hazardous wastes containing halogenated organic compounds in total

concentration less than 10,000 mg/kg but greater than or equal to 1000

mg/kg.

The requirements of subsections (a) and (b) do not apply:

If the wastes meet or are treated to meet the applicable standards specified

in 35 Ill. Adm. Code 728.Subpart D; or

If an adjusted standard has been granted in response to a petition under

Subpart C; or

During the period of extension of the applicable effective date, if an

extension is granted under Section 738.104.

BOARD NOTE: Derived from 40 CFR 148.12 (1990).

(Source: Amended at 15 Ill. Reg. 11425, effective July 24, 1991)

Section 738.114

.Waste Specific Prohibitions - First Third Wastes

The wastes specified in 35 Ill. Adm. Code 721.131 by the following EPA

Hazardous Waste number are prohibited from underground injection:

F006 (wastewaters and nonwastewaters)

F008

F009

F019

The wastes specified in 35 Ill. Adm. Code 721.132 by the following EPA

Hazardous Waste numbers are prohibited from underground injection:

K001

K004

K008

K015 (wastewaters and nonwastewaters)

K016 (at concentrations greater than or equal to one percent)

K017

K018

K019

K020

K021 (wastewaters, and nonwastewaters generated by the process

described in the waste listing description, and not those

generated in the course of treating wastewater forms of

these wastes)

K022 (wastewaters and nonwastewaters)

K024

K030

K031

K035

K036 (wastewaters, and nonwastewaters generated by the process

described in the waste listing description, and not those

generated in the course of treating wastewater forms of

these wastes)

K037

K044

K045

K046 (wastewaters and nonwastewaters)

K047

K048

K049

K050

K051

K052

K060 (wastewaters, and nonwastewaters generated by the process

described in the waste listing description, and not those

generated in the course of treating wastewater forms of

these wastes)

K061 (wastewaters and nonwastewaters)

K062

K069 (calcium sulfate nonwastewaters; all wastewaters; and

noncalcium sulfate nonwastewaters generated by the

process described in the waste listing description, and not

those generated in the course of treating wastewater forms

of these wastes)

K071

K073

K083

K084

K085

K086

K087

K099

K101 (all wastewaters and nonwastewaters)

K102 (all wastewaters and nonwastewaters)

K103

K104

K106

The wastes specified in 35 Ill. Adm. Code 721.133 by the following EPA

Hazardous Waste numbers are prohibited from underground injection:

P001

P004

P005

P010

P011

P012

P015

P016

P018

P020

P030

P036

P037

P039

P041

P048

P050

P058

P059

P063

P068

P069

P070

P071

P081

P082

P084

P087

P089

P092

P094

P097

P102

P105

P108

P110

P115

P120

P122

P123

U007

U009

U010

U012

U016

U018

U019

U022

U029

U031

U036

U037

U041

U043

U044

U046

U050

U051

U053

U061

U063

U064

U066

U067

U074

U077

U078

U086

U089

U103

U105

U108

U115

U122

U124

U129

U130

U133

U134

U137

U151

U154

U155

U157

U158

U159

U171

U177

U180

U185

U188

U192

U200

U209

U210

U211

U219

U220

U221

U223

U226

U227

U228

U237

U238

U248

U249

Effective June 7, 1991, the wastes specified in 35 Ill. Adm. Code 721.132 by the

following EPA Hazardous Waste number are prohibited from underground

injection:

K016 (at concentrations less than one percent)

Effective June 8, 1991, the wastes specified in 35 Ill. Adm. Code 721.131

by the following EPA Hazardous Waste number are prohibited from

underground injection:

F007

Effective June 8, 1991, the wastes specified in 35 Ill. Adm. Code 721.132

by the following EPA Hazardous Waste numbers are prohibited from

underground injection:

K011 (nonwastewaters)

K013 (nonwastewaters)

Effective May 8, 1992, the wastes specified in 35 Ill. Adm. Code 721.132 by the

following EPA Hazardous Waste numbers are prohibited from underground

injection:

K011 (wastewaters)

K013 (wastewaters)

K014

The requirements of subsections (a) through (d) do not apply:

If the wastes meet or are treated to meet the applicable standards specified

in 35 Ill. Adm. Code 728.Subpart D; or

If an adjusted standard has been granted in response to a petition under

Subpart C; or

During the period of extension of the applicable effective date, if an

extension is granted under Section 738.104.

BOARD NOTE: Derived from 40 CFR 148.14 (1990).

(Source: Amended at 15 Ill. Reg. 11425, effective July 24, 1991)

Section 738.115

Waste Specific Prohibitions - Second Third Wastes

The wastes specified in 35 Ill. Adm. Code 721.131 by the following EPA

Hazardous Waste numbers are prohibited from underground injection:

F010

F024

The wastes specified in 35 Ill. Adm. Code 721.132 by the following EPA

Hazardous Waste numbers are prohibited from underground injection:

K009 (nonwastewaters)

K010

K025 (wastewaters, and nonwastewaters generated by the process

described in the waste listing description, and not those

generated in the course of treating wastewater forms of

these wastes)

K027

K028

K029 (wastewaters and nonwastewaters)

K038

K039

K040

K041

K042

K043

K095 (wastewaters and nonwastewaters)

K096 (wastewaters and nonwastewaters)

K097

K098

K105

K113

K114

K115

K116

The wastes specified in 35 Ill. Adm. Code 721.133 by the following EPA

Hazardous Waste numbers are prohibited from underground injection:

P002

P003

P007

P008

P014

P026

P027

P029

P040

P043

P044

P049

P054

P057

P060

P062

P066

P067

P072

P074

P085

P098

P104

P106

P107

P111

P112

P113

P114

U002

U003

U005

U008

U011

U014

U015

U020

U021

U023

U025

U026

U028

U032

U035

U047

U049

U057

U058

U059

U060

U062

U070

U073

U080

U083

U092

U093

U094

U095

U097

U098

U099

U101

U106

U107

U109

U110

U111

U114

U116

U119

U127

U128

U131

U135

U138

U140

U142

U143

U144

U146

U147

U149

U150

U161

U162

U163

U164

U165

U168

U169

U170

U172

U173

U174

U176

U178

U179

U189

U193

U196

U203

U205

U206

U208

U213

U214

U215

U216

U217

U218

U235

U239

U244

The wastes specified in 35 Ill. Adm. Code 721.131 by the following EPA

Hazardous Waste numbers are prohibited from underground injection pursuant to

the treatment standards specified in 35 Ill. Adm. Code 728.141 and 728.143

applicable to F011 and F012 wastewaters and nonwastewaters:

F011 (nonwastewaters)

F012 (nonwastewaters)

Effective June 8, 1991, the wastes specified in 35 Ill. Adm. Code 721.132 by the

following EPA Hazardous Waste number are prohibited from underground

injection:

K009 (wastewaters)

The requirements of subsections (a) through (c) do not apply:

If the wastes meet or are treated to meet the applicable standards specified

in 35 Ill. Adm. Code 728.Subpart D; or

If an adjusted standard has been granted in response to a petition under

Subpart C; or

During the period of extension of the applicable effective date, if an

extension is granted under Section 738.104.

BOARD NOTE: Derived from 40 CFR 148.15 (1990).

(Source: Amended at 15 Ill. Reg. 11425, effective July 24, 1991)

Section 738.116

Waste Specific Prohibitions - Third Third Wastes

The wastes specified in 35 Ill. Adm. Code 721.131 by the following EPA

Hazardous Waste numbers are prohibited from underground injection:

F025

F039 (nonwastewaters)

The wastes specified in 35 Ill. Adm. Code 721.132 by the following EPA

Hazardous Waste numbers are prohibited from underground injection:

K002

K003

K005 (wastewaters and nonwastewaters)

K006

K007 (wastewaters and nonwastewaters)

K023

K026

K032

K033

K034

K093

K094

K100

The wastes specified in 35 Ill. Adm. Code 721.133 by the following EPA

Hazardous Waste numbers are prohibited from underground injection:

P006

P009

P013

P017

P021

P022

P023

P024

P028

P031

P033

P034

P038

P042

P045

P046

P047

P051

P056

P064

P065

P073

P075

P076

P077

P078

P088

P093

P095

P096

P099

P101

P103

P109

P116

P118

P119

P121

U001

U004

U006

U017

U024

U027

U030

U033

U034

U038

U039

U042

U045

U048

U052

U055

U056

U068

U069

U071

U072

U075

U076

U079

U081

U082

U084

U085

U087

U088

U090

U091

U096

U102

U112

U113

U117

U118

U120

U121

U123

U125

U126

U132

U136

U141

U145

U148

U152

U153

U156

U160

U166

U167

U181

U182

U183

U184

U186

U187

U190

U191

U194

U197

U201

U202

U204

U207

U222

U225

U234

U236

U240

U243

U246

U247

The wastes specified in 35 Ill. Adm. Code 721.121 or 721.124 by

characteristic alone and designated by the following EPA Hazardous

Waste numbers are prohibited from underground injection:

D001

D004

D005

D006

D008

D009 (wastewaters)

D010

D011

D012

D013

D014

D015

D016

D017

Mixed radioactive/hazardous wastes in 35 Ill. Adm. Code 728.110, 728.111 and

728.112, which are mixed radioactive and hazardous wastes, are prohibited from

underground injection.

Effective May 8, 1992, the wastes specified in 35 Ill. Adm. Code 721.131

by the following EPA Hazardous Waste number are prohibited from

underground injection:

F039 (nonwastewaters)

Effective May 8, 1992, the wastes specified in 35 Ill. Adm. Code 721.122,

721.123 or 721.124 as hazardous based on a characteristic alone and

designated by the following EPA Hazardous Waste numbers are

prohibited from underground injection:

D002 (wastewaters and nonwastewaters)

D003 (wastewaters and nonwastewaters)

D007 (wastewaters and nonwastewaters)

D009 (nonwastewaters)

The effective date of subsections (c)(1) and (c)(2) do not apply to the

wastes listed in Section 148.112(b) which are prohibited from

underground injection effective August 8, 1990.

The requirements of subsections (a) through (c) do not apply:

If the wastes meet or are treated to meet the applicable standards specified

in 35 Ill. Adm. Code 728.Subpart D; or

If an adjusted standard has been granted in response to a petition under

Subpart C; or

During the period of extension of the applicable effective date, if an

extension is granted under Section 738.104.

BOARD NOTE: Derived from 40 CFR 148.16 (1990).

(Source: Amended at 15 Ill. Reg. 11425, effective July 24, 1991)

Section 738.117

Waste-Specific Prohibitions - Newly-Listed Wastes

The wastes specified in 35 Ill. Adm. Code 721.Subpart D by the following

USEPA hazardous waste numbers are prohibited from underground injection:

F037

F038

K107

K108

K109

K110

K111

K112

K117

K118

K123

K124

K125

K126

K131

K136

U328

U353

U359

The wastes specified in 35 Ill. Adm. Code 721.Subpart D by the following

USEPA hazardous waste numbers are prohibited from underground injection:

K141

K142

K143

K144

K145

K147

K148

K149

K150

K151

This subsection corresponds with 40 CFR 148.17(c), removed and marked

“reserved” by USEPA at 61 Fed. Reg. 15662 (April 8, 1996). This statement

maintains structural consistency with USEPA rules.

Effective June 30, 1995, the wastes specified in 35 Ill. Adm. Code 721.Subpart D

by the following USEPA hazardous waste numbers are prohibited from

underground injection:

K117

K118

K131

K132

The requirements of subsections (a) and (b) of this Section do not apply:

If the wastes meet or are treated to meet the applicable standards specified

in 35 Ill. Adm. Code 728.Subpart D; or

If an adjusted standard has been granted in response to a petition under

Subpart C of this Part; or

During the period of extension of the applicable effective date, if an

extension is granted under Section 738.104.

BOARD NOTE: Derived from 40 CFR 148.17 (1996).

(Source: Amended at 22 Ill. Reg. 238, effective December 16, 1997)

Section 738.118

Waste-Specific Prohibitions - Newly-Listed and Identified Wastes

All newly identified D004 through D011 wastes and characteristic mineral

processing wastes, except those identified in subsection (b) of this Section, are

prohibited from underground injection.

Characteristic hazardous wastes from titanium dioxide mineral processing, and

radioactive wastes mixed with newly identified D004 through D011 or mixed

with newly identified characteristic mineral processing wastes, are prohibited

from underground injection.

The wastes specified in 35 Ill. Adm. Code 721 as USEPA hazardous waste

numbers F032, F034, F035 are prohibited from underground injection.

The wastes specified in 35 Ill. Adm. Code 721 as USEPA hazardous waste

numbers F032, F034, F035 that are mixed with radioactive wastes are prohibited

from underground injection.

The wastes specified in 35 Ill. Adm. Code 721.132 as having the following

USEPA hazardous waste numbers are prohibited from underground injection:

K156, K157, K158, K159, K160, K161, P127, P128, P185, P188, P189, P190,

P191, P192, P194, P196, P197, P198, P199, P201, P202, P203, P204, P205,

U271, U277, U278, U279, U280, U364, U365, U366, U367, U372, U373, U375,

U376, U377, U378, U379, U381, U382, U383, U384, U385, U386, U387, U389,

U390, U391, U392, U393, U394, U395, U396, U400, U401, U402, U403, U404,

U407, U409, U410, and U411.

The wastes specified in 35 Ill. Adm. Code 721.132 as USEPA hazardous waste

number K088 is prohibited from underground injection.

The wastes specified in 35 Ill. Adm. Code 721 as having the following USEPA

hazardous waste numbers and Mixed TC/Radioactive wastes are prohibited from

underground injection: D018, D019, D020, D021, D022, D023, D024, D025,

D026, D027, D028, D029, D030, D031, D032, D033, D034, D035, D036, D037,

D038, D039, D040, D041, D042, and D043.

This subsection corresponds with 40 CFR 148.18(h), which USEPA has removed

and marked “reserved.” This statement maintains structural consistency with the

federal regulations.

The wastes specified in 35 Ill. Adm. Code 721.132 as USEPA hazardous waste

numbers K169 through K172 are prohibited from underground injection.

The wastes specified in 35 Ill. Adm. Code 721.132 as USEPA hazardous waste

numbers K174 and K175 are prohibited from underground injection.

Effective May 20, 2002, the wastes specified in 35 Ill. Adm. Code 721.132 as

USEPA hazardous waste numbers K176, K177, and K178 are prohibited from

underground injection.

The requirements of subsections (a) through (k) of this Section do not apply under

any of the following circumstances:

If the wastes meet or are treated to meet the applicable standards specified

in Subpart D of 35 Ill. Adm. Code 728; or

If an exemption from a prohibition has been granted in response to a

petition under Subpart C of this Part; or

During the period of extension of the applicable effective date, if an

extension has been granted under Section 738.104.

(Source: Amended at 26 Ill. Reg. 6835, effective April 22, 2002)

SUBPART C: PETITION STANDARDS AND PROCEDURES

Section 738.120

Petitions to Allow Injection of a Prohibited Waste

Any person seeking an exemption from a prohibition under Subpart B for the

injection of a restricted hazardous waste, including a hazardous waste that

exhibits a characteristic of hazardous waste and which contains underlying

hazardous constituents at the point of generation, but which no longer exhibits a

characteristic of hazardous waste when injected into a Class I injection well or

wells, shall submit a petition for an adjusted standard to the Board, pursuant to 35

Ill. Adm. Code 106.Subpart G, demonstrating that, to a reasonable degree of

certainty, there will be no migration of hazardous constituents from the injection

zone for as long as the waste remains hazardous. This demonstration requires a

showing that:

The hydrogeological and geochemical conditions at the site(s) and the

physiochemical nature of the waste stream(s) are such that reliable

predictions can be made that:

Fluid movement conditions are such that the injected fluids will

not migrate within 10,000 years:

Vertically upward out of the injection zone; or

ii)

Laterally within the injection zone to a point of discharge

or interface with an Underground Source of Drinking

Water (USDW) as defined in 35 Ill. Adm. Code 730; or

Before the injected fluids migrate out of the injection zone or to a

point of discharge or interface with USDW, the fluid will no

longer be hazardous because of attenuation, transformation, or

immobilization of hazardous constituents within the injection zone

by hydrolysis, chemical interactions or other means; and

For each well the petition has:

Demonstrated that the injection well’s area of review complies

with the substantive requirements of 35 Ill. Adm. Code 730.163;

Located, identified, and ascertained the condition of all wells

within the injection well’s area of review (as specified in 35 Ill.

Adm. Code 730.163) that penetrate the injection zone or the

confining zone by use of a protocol acceptable to the Board that

meets the substantive requirements of 35 Ill. Adm. Code 730.164;

Submitted a corrective action plan that meets the substantive

requirements of 35 Ill. Adm. Code 730.164, the implementation of

which shall become a condition of any adjusted standard granted;

and

Submitted the results of pressure and radioactive tracer tests

performed within one year prior to submission of the petition

demonstrating the mechanical integrity of the well’s long string

casing, injection tube, annular seal, and bottom hole cement. In

cases where the petition has not been approved or denied within

one year after the initial demonstration of mechanical integrity, the

Board may require the owner or operator to perform the tests again

and submit the results of the new tests.

BOARD NOTE: The requirements of subsection (a)(2) need not

be incorporated in a permit at the time the Board grants an adjusted

standard.

A demonstration under subsection (a)(1)(A) must identify the strata within the

injection zone which will confine fluid movement above the injection interval and

include a showing that this strata is free of known transmissive faults of fractures

and that there is a confining zone above the injection zone.

A demonstration under subsection (a)(1)(B) must identify the strata within the

injection zone where waste transformation will be accomplished and include a

showing that this strata is free of known transmissive faults or fractures and that

there is a confining zone above the injection zone.

A demonstration may include a showing that:

Treatment methods that reduce the toxicity or mobility of the wastes, the

implementation of which will become a condition of any adjusted

standard, must be utilized; or

A monitoring plan, the implementation of which will become a condition

of any adjusted standard, must be utilized to enhance confidence in one or

more aspects of the demonstration.

Any person that has been granted an adjusted standard pursuant to this Section

may submit a petition for reissuance of the adjusted standard to include an

additional restricted waste or wastes or to modify any conditions placed on that

adjusted standard by the Board. The Board will reissue the adjusted standard if

the petitioner complies with subsections (a), (b) and (c).

Any person that has been granted an adjusted standard pursuant to this Section

may submit a petition to modify that adjusted standard to include an additional

(hazardous) waste or wastes. The Board may grant the modification if it

determines, to a reasonable degree of certainty, that the additional waste or wastes

will behave hydraulically and chemically in a manner similar to previously

included wastes and that it will not interfere with the containment capability of

the injection zone.

BOARD NOTE: Derived from 40 CFR 148.20 (1996).

(Source: Amended at 22 Ill. Reg. 238, effective December 16, 1997)

Section 738.121

Required Information to Support Petitions

Information submitted in support of a Section 738.120 petition must meet the

following criteria:

All data from waste analyses and any new testing performed by the

petitioner must be approved by the Board and must provide data that are

accurate, reproducible, and performed in accordance with quality

assurance standards;

Estimation and monitoring techniques and identification of applicable

existing EPA-certified test protocols:

All estimation and monitoring techniques must be approved by the

Board; and

The petition must identify all applicable USEPA-certified test

protocols in existence at the time the estimation and monitoring

was performed;

Predictive models must have been verified and validated, must be

appropriate for the specific site, wastestreams, and injection conditions of

the operation, and must be calibrated for existing sites where sufficient

data are available;

A quality assurance and quality control plan addressing all aspects of the

demonstration must be provided to and approved by the Board;

Reasonably conservative values must be used whenever values taken from

the literature or estimated on the basis of known information are used

instead of site-specific measurements; and

An analysis must be performed to identify and assess aspects of the

demonstration that contribute significantly to uncertainty. The petitioner

shall conduct a sensitivity analysis to determine the effect that significant

uncertainty may contribute to the demonstration. The demonstration must

then be based on conservative assumptions identified in the analysis.

Any petitioner under Section 738.120(a)(1)(A) shall provide sufficient site-

specific information to support the demonstration, such as:

Thickness, porosity, permeability and extent of the various strata in the

injection zone;

Thickness, porosity, permeability, extent and continuity of the confining

zone;

Hydraulic gradient in the injection zone;

Hydrostatic pressure in the injection zone; and

Geochemical conditions of the site.

In addition to the information in subsection 738.121(b), any petitioner under

Section 738.120(a)(1)(B) of this Part shall provide sufficient waste-specific

information to ensure reasonably reliable predictions about the waste

transformation. The petitioner shall provide the information necessary to support

the demonstration, such as:

Description of the chemical processes or other means that will lead to

waste transformation; and

Results of laboratory experiments verifying the waste transformation.

BOARD NOTE: Derived from 40 CFR 148.21 (1988), as added at 53

Fed. Reg. 28156, July 26, 1988.

Section 738.122

Submission, Review, and Approval or Denial of Petitions

Any petition submitted to the Board, pursuant to Section 738.120(a) of this Part,

must include the following:

An identification of the specific waste or wastes and the specific injection

well or wells for which the demonstration will be made;

A waste analysis fully describing the chemical and physical characteristics

of the subject wastes;

Such additional information as the Board requires to support the petition

pursuant to Section 738.120 and Section 738.121 of this Part; and

This statement signed by the petitioner or an authorized representative:

I certify under penalty of law that I have personally examined and

am familiar with the information submitted in this petition and all

attached documents, and that, based on my inquiry of those

individuals immediately responsible for obtaining the information,

I believe that submitted information is true, accurate and complete.

I am aware that there are significant penalties for submitting false

information, including the possibility of fine and imprisonment.

The Board will provide public notice and an opportunity for public comment in

accordance with the procedures in Subpart D of 35 Ill. Adm. Code 104.

An adjusted standard will apply only to the underground injection of the specific

restricted waste or wastes identified in the petition into a Class I hazardous waste

injection well or wells specifically identified in the petition (unless the adjusted

standard is modified or reissued pursuant to Section 738.120(e) or (f)).

Upon request by any petitioner who obtains an adjusted standard for a well

pursuant to this Subpart C, the Agency must initiate and reasonably expedite the

necessary procedures to issue or reissue a permit or permits for the hazardous

waste well or wells covered by the adjusted standard for a term not to exceed 10

years.

Each adjusted standard granted pursuant to this Part is subject to the following

condition, whether or not this condition appears as part of the adjusted standard,

and the Board will include this condition as part of each adjusted standard

granted: “This adjusted standard does not affect the enforceability of any

provisions of the Environmental Protection Act, Board rules, or other laws, except

to the extent that its provisions expressly state otherwise.”

BOARD NOTE: Derived from 40 CFR 148.22 (2005).

(Source: Amended at 31 Ill. Reg. 1407, effective December 20, 2006)

Section 738.123

Review of Adjusted Standards

When considering whether to reissue a permit for the operation of a Class

I hazardous waste injection well, the Agency shall review any adjusted

standard(s) granted by the Board pursuant to this Subpart.

If the Agency determines that new information shows that the basis for

granting the adjusted standard may no longer be valid, the Agency shall

request in writing that the permittee submit a petition to the Board to

modify the adjusted standard.

All petitions requested by the Agency pursuant to subsection (a)(2) must

be filed pursuant to section 738.120(f). Such a petition may seek

reaffirmation of the adjusted standard without modification.

Permittee’s failure to file a petition, Agency petitions for reconsideration

and Board reconsideration of adjusted standards:

If the permittee fails to file a petition requested by the Agency

under subsection (a)(2), the Agency may petition the Board for

reconsideration of any adjusted standard granted under this Part at

any time during the effectiveness of that adjusted standard, the

limitation periods of 35 Ill. Adm. Code 101.300 and 101.301

notwithstanding.

The Board may conduct a plenary review of the substance

of any adjusted standard on reconsideration to the same

extent that it would review a new petition for an adjusted

standard.

ii)

The Board may treat a motion for reconsideration of an

adjusted standard as a new petition under Section 738.120

and require that the full requirements of that section and of

35 Ill. Adm. Code 106.Subpart G apply to the proceeding,

with the Agency acting as the petitioner.

Whenever the Board determines that the basis for approval of a petition may no

longer be valid, the Board will require a new demonstration in accordance with

Section 738.120.

BOARD NOTE: Derived from 40 CFR 148.23 (1988), as added at 53 Fed. Reg.

28157, July 26, 1988.

Section 738.124

Termination of Approved Petition

Enforcement actions against owners and operators having adjusted

standards and limitations on Agency petitions for reconsideration of

adjusted standards:

Any person may file an enforcement action against an owner or

operator of an underground injection well pursuant to Section 33

of the Environmental Protection Act, Ill. Rev. Stat. ch. 111 1/2,

par. 1033, for any violation of the Act or Board rules,

notwithstanding the existence of any adjusted standard.

The Agency may petition the Board for reconsideration of any

adjusted standard at any time during the effectiveness of that

adjusted standard, the limitation periods of 35 Ill. Adm. Code

101.300 and 101.301 notwithstanding.

In any action under subsection (a)(1), if the Board finds a violation of the

Act or Board regulations, the Board may terminate any adjusted standard

granted under Section 738.120 for any of the following causes:

Noncompliance by the owner or operator with any condition of the

adjusted standard;

The owner or operator’s failure in the petition or during the review

and approval to disclose fully all relevant facts, or the petitioner’s

misrepresentation of any relevant facts at any time; or

A determination that new information shows that the basis for

approval of the petition is no longer valid.

In any action under subsection (a)(1), the Board will terminate an adjusted

standard granted under Section 738.120 for the following cases:

The petitioner’s willful withholding during the review and approval of the

petition of facts directly and materially relevant to the Board’s decision on

the petition;

A determination that there has been migration from the injection zone or

the well that is not in accordance with the terms of the adjusted standard,

except that the Board, may at its discretion decide not to terminate where:

The migration resulted from a mechanical failure of the well that

can be corrected promptly through a repair to the injection well

itself or from an undetected well or conduit that can be plugged

promptly; and

The requirements of 35 Ill. Adm. Code 730.167 are satisfied.

BOARD NOTE: Derived from 40 CFR 148.24 (1988), as added at

53 Fed. Reg. 28157, July 26, 1988.