ILLINOIS POLLUTION CONTROL BOARD

May 25, 1989

I~Tk-~IE 

MP~TTER

OF:

)

RCRA UPDATE, USEPA REGULATIONS              

R89-1

(8-1-88 THROUGH 12-31-88)

PROPOSAL FOR PUBLIC COMMENT

PROPOSED ORDER OF THE BOARD (by 3. Anderson):

Pursuant to Section 22.4(a) of the Environmental Protection Act (Act),

the Board is proposing to amend the RCRA hazardous waste regulations.

Section 22.4 of the Act governs adoption of regulations establishing the

RCRA program in illinois. Section 22.4(a) provides for quick adoption of

regulations which are ‘identical in substanc&’ to federal regulations;

Section 22.4(a) provides that Title VII of the Act and Section 5 of the

Administrative Procedure Act shall not apply. Because this rulemaking is not

subject to Section 5 of the Administrative Procedure Act, it is not subject to

first notice or to second notice review by the Joint Cornittee on

Administrative Rules (JCAR). The federal RCRA regulations are found at 40 CFR

260 through 270, and 280. This rulemaking updates Illinois’ RCRA rules to

correspond with federal amendments during the period August 1 through December

31, 1988.

This Proposed Order is supported by a separate Proposed Opinion adopted

this same day. The Board will receive written public coment for 45 days

after the date of publication in the Illinois Register. Copies of this Order

will be mailed to persons on the RCRA update mailing list. However, because

of its length, the text of the proposed rules ~iillnot be published in the

Environmental Register, or appear in the Opinion volumes. The complete text

of the proposal is attached to this Order.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby

certify that the 

above Proposed Order was adopted on

the~Z~-1day

of j?~

1989, by a vote of 

7°

~ ~~T/

!2~

Dorothy ti. G6’nn, Clerk

Illinois Pollution Control Board

99=409

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER b: PERMITS

PART 702

RCRA AND UIC PERMIT PROGRAMS

SUBPART A: GENERAL PROVISIONS

Section

702.101  Applicability

702. 102  

Purpose and Scope

702.103  Confidentiality

702.104  References

702.105  Rulemaking

702.106  Agency Criteria

702.107  Permit Appeals

702.108  Variances

702.109  Enforcement

702.110  Definitions

SUBPART B:

PERMIT APPLICATIONS

Secti on

702.120  Permit Application

702.121  Who Applies

702. 122  Completeness

702.123  Information Requirements

702.124  Recordkeeping

702.125  Continuation of Expiring Permits

702.126

Signatories to

Permit. Applications and Reports

SUBPART

C:  PERMIT CONDITIONS

Section

702.140  Conditions Applicable to all Permits

702. 141  Duty to Comply

702.142  Duty to Reapply

702.143  Need to Halt or Reduce Activity Not a Defense

702.144  Duty to Mitigate

702.145  Proper Operation and Maintenance

702.146  Permit Actions

702.147  Property Rights

702.

148  Duty to Provide Information

702.149

Inspection

and ntry

702.150  Monitoring and Records

702.151  Signatory Requirements

702.152  Reporting Requirements

702.160  Establishing Permit Conditions

702.161  Duration of Permits

99—410

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

702.162  Schedules of Compliance

702.163  Alternative Schedules of Compliance

702.164  Recording and Reporting

SUBPART D: ISSUED PERMITS

Section

702.181  Effect of a Permit

702.182  Transfer

702.183  Modification

702.184  Causes for Modification

702.185  Facility Siting

702.186  Revocation

702.187  Minor Modifications

AUTHORITY: Implementing Section 13 and 22.4 and authorized by Section 27 of

the Environmental Protection Act (Ill. Rev. Stat. 1985, ch. 111 1/2, pars.

1013, 1022.4 and 1027).

SOURCE: Adopted in R81-32, 47 PCB 93, at 6 Ill. Reg. 12479, effective as

noted in 35 Iii. Adm. Code 700.106; amended in R82-19 at at, 53 PCB 131, 7

111.. Reg. 14352, effective as noted in 35 Ill. Adm. Code 700.106; amended in

R84—9 at 9 Ill. Reg. 11926, effective July 24, 1985; amended in R85—23 at 10

Ill. Req. 13274, effective July 29, 1986; amended in R86-1 at 10 Ill. Req.

14083, effective August 12, 1986; amended in R86-28 at 11 Ill. Reg. 6131,

effective March 24, 1987; amended in R87-5 at 11 Ill. Reg. 19376, effective

November 12, 1987; amended in R87-26 at 12 Ill. Req. 2579, effective January

15, 1988; amended in R87-29 at 12 111. Reg. 6673, effective March 28, 1988;

amended in R87—39 at 12 111. Reg. 13083, effective July 29, 1988; amended in

R89—1 at 13 111. Reg.    

effective

SUBPART A: GENERAL PROVISIONS

Section 702. 104  References

See 35 111. Adm. Code 720.111.

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99—411

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

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221.~1T

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BOARD NOTE: —See—Derived 

from 40 CFR 270.6 (-1.98’—1988).

Source: Amended at 13 Ill. Reg.   

effective

Section 702.110  Definitions

The following definitions apply to 35 Ill. Adm. Code 702, 703, 704 and 705.

Terms not defined in this Section have the meaning given by the appropriate

Act. When a defined term appears in a definition, the defined term is

sometimes placed within quotation marks as an aid to readers. When a

definition applies primarily to one or more programs, those programs appear in

parentheses after the defined terms.

“Administrator” means the Administrator of the United States

Environmental Protection Agency, or an authorized representative.

“Agency” means the Illinois Environmental Protection Agency.

“Application” means the Agency forms for applying for a permit. For

f~CRA, appl i cati

on

al so i nd udes the information

requ 

red

by the

Agency under 35 Ill. Ad~n. 

Code 703. 1B2 et seq. (contents of Part B of

the RCRA application).

“Appropriate act and regulations” means the Resource Conservation and

Recovery Act (RCRA); Safe Drinking Water Act (SDWA); or the

“Environmental Protection Act,” whichever is applicable; and

applicable regulations promulgated under those statutes.

“Approved program or approved State” means a State or interstate

program which has been approved or authorized by EPA under 40 CER 271

(—1.98~—1988) (RCRA) or Section 1422 of the SDWA (UIC).

“Aquifer’ (RCRA and Ui 

C) means a gool og cal “format

ion” 

group 

formations, or part of a formation that is capable of yielding a

significant amount of water to a well or spring.

“Area of review’ (U1C) means the area surrounding an injection well

described according to the criteria set forth in 35 ill. Adm. Code

99—412

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

730.106 or, in the case of an area permit, the project area plus a

circumscribing area the width of which is either 402 meters (1/4 of a

mile) or a number calculated according to the criteria set forth in

35 Ill. Adm. Code 730.106.

“Board” means the Illinois Pollution Control Board.

“Closure” (RCRA) means the act of securing a “Hazardous Waste

Management Facility” pursuant to the requirements of 35 Ill. Adm.

Code 724.

“Component” (RCRA) means any constituent part of a unit or any group

~f constituent parts of a unit which are assembled to perform a

specific function (e.g., a pump seal, pump, kiln liner, kiln

thermocouple).

“Contaminant” (UIC) means any physical, chemical, biological or

radiological substance or matter in water.

“CWA” means the Clean Water Act (formerly referred to as the Federal

Water Pollution Control Act or Federal Water Pollution Control Act

Amendments of 1972) P.L. 92-500, as amended by P.L. 95—217, and P.L.

95—576; 33 U.S.C. 1251 et seq. (—1-98—1988).

“Date of approval by USEPA of the Illinois UIC program” means

February 1, 1984.

“Director” means the Director of the Illinois Environmental

Protection Agency or the Director’s designee.

“Disposal” (RCRA) means the discharge, deposit, injection, dumping,

spilling, leaking or placing of any “hazardous waste” into or on any

land or water so that such hazardous waste or any constituent of the

waste may enter the environment or be emitted into the air or

discharged into any waters, including groundwater.

“Disposal Facility” (RCRA) means a facility or part of a facility at

which “hazardous waste” is intentionally placed into or on the land

or water, and at which hazardous waste will remain after closure.

“Draft Permit” means a document prepared under 35 Ill. Adm. Code

705.141 indicating the Agency’s tentative decision to issue, deny,

modify, terminate or reissue a “permit’. A notice of intent to deny

a permit, as discussed in 35 Ill. Adm. Code 705.141 is a type of

“draft permit”. A denial of a request for modification, as discussed

in 35 Ill. Adm. Code 705.128, is not a “draft permit”. A “proposed

permit” is not a “draft permit”.

99—4 13

ILLiNOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

“Drilling Mud” (UIC) means a heavy suspension used in drilling an

“injection well”, introduced down the drill pipe and through the

drill bit.

“Elementary neutralization unit” means a device which:

Is used for neutralizing wastes which are hazardous wastes only

because they exhibit the corrosivity characteristics defined in

35 Ill. Adm. Code 721.122, or are listed in 35 Ill. Adm. Code

721.Subpart D only for this reason; and

Meets the definition of tank, tank system, container, transport

vehicle or vessel in 35 Ill. Adm. Code 720.110.

“Emergency Permit” means a RCRA or UIC “permit” issued in accordance

with 35 Ill. Adm. Code 703.221 or 704.163, respectively.

“Environmental Protection Act” means the Environmental Protection Act

(Ill. Rev. Stat. —1.98~—1987, ch. 111 1/2, par. 1001 et seq.).

“Environmental Protection Agency” (“EPA”) means the United States

Envi ronniental Protection Agency.

“EPA” means the United States “Environmental Protection Agency”.

“Exempted aquifer” (UIC)

means an “aquifer” or its portion that meets

the criteria in the definition

of “underground source of drinking

water” but which has

been exempted according to the procedures in 35

Ill. 

Adm. Code

702.105, 704.104 

and

704.123(b).

“Existing hazardous waste management (HWI1) facility” or “existing

facility” means a facility which was in operation or for which

construction commenced on or before November 19, 1980. A facility

has commenced construction if:

The owner or operator has obtained the Federal, State and local

approvals or permits necessary to begin physical construction;

and

E it her:

A continuous on-site, physical construction program has

begun; or

The owner or operator has entered into contractual

obligations 

which cannot be cancelled or modified

without substantial loss 

——

for physical construction of

the facility to be completed within a reasonable time.

99—414

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

“Existing

injection well” (010) means an “injection well” other than

a “new injection well”.

“Facility or activity” means any “HWM facility”, UIC “injection

well”, or any other facility or activity (including land or

appurtenances thereto) that is subject to regulations under the

Illinois RCRA or UIC program.

“Facility mailing list” (RCRA) means the mailing list for a facility

maintained by the Agency in accordance with 35 Ill. Adm. Code

705. 163.

“Federal, State and local approvals or permits necessary to begin

physical construction” means permits and approvals required under

Federal, State or local hazardous waste control statutes, regulations

or ordinances. (See 35 Ill. Mm. Code 700. 102 et seq.)

“Final authorization” (RCRA) means approval by EPA of the Illinois

Hazardous Waste Management Program which has met the requirements of

Section 3006(b) of RCRA and the applicable requirements of 40 CFR

271, Subpart A (1987). EPA granted initial final authorization on

January 31, 1986.

“Fluid” (010) means any material or substance which flows or moves

whether in a semisolid, liquid, sludge, gas or any other form or

state.

“Formation” (UIC) means a body of rock characterized by a degree of

lithologic homogeneity which is prevailingly, but not necessarily,

tabular and is mappable on the earth’s surface or traceable in the

subsurface.

“Formation fluid” (UIC) means “fluid” present in a “formation” under

natural conditions as opposed to introduced fluids, such as “drilling

mud”.

“Functionally equivalent component” (RCRA) means a component which

p~rforms the same function or measurement and which meets or exceeds

the performance specifications of another component.

“Generator” (RCRA) means any person, by site location, whose act or

process produces “hazardous waste” identified or listed in 35 Ill.

Adm. Code 721.

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

a zone of saturation.

99—415

ILLINOIS REGI~iER

POLLUTION CONTROL BOARD

NOTICE 

OF PROPOSED AMENDMENTS

“Hazardous Waste” (RCRA and UIC) means

a

hazardous waste

as

defined

in 35 Ill. Adm. Code 721.103.

“Hazardous waste management facility (“HWM facility”)” means all

contiguous land, and structures, other appurtenances and improvements

on the land, used for treating, storing or disposing of “hazardous

waste”. A facility may consist of several “treatment”, “storage” or

“disposal” operational units (for example, one or more landfills,

surface impoundments or combinations of them).

“HWIi facility” (RCRA) means “Hazardous Waste Management facility”.

“Injection well” (RCRA and UIC) means a “well” into which “fluids”

are being injected.

“Injection zone” (UIC) means a geological “formation”, group of

formations or part of a formation receiving fluids through a “well”.

“In operation” (RCRA) means a facility which is treating, storing or

disposing of “hazardous waste”.

“Interim authorization” (RCRA) means approval by EPA of the Illinois

Hazardous Waste Management program which has met the requirements of

Section 3006(c) of RCRA and applicable requirements of 40 CFR 271

(1987). This happened on May 17, 1982.

“interstate agency” means an agency of two or more states established

by or under an agreement or compact approved by the Congress, or any

other agency of two or more states having substantial powers or

duties pertaining to the control of pollution as determined and

approved by the Administrator under the “appropriate Act and

regulations”.

“Major facility” means any RCRA or UIC “facility or activity”

classified as such by the Regional Administrator or the Agency.

“Manifest” (RCRA and UIC) means the shipping document originated and

signed by the “generator” which contains the information required by

35 Ill. Adm. Code 722.Subpart B.

“National Pollutant Discharge Elimination System” means the program

for issuing, modifying, revoking and reissuing, terminating,

monitoring

and enforcing permits and imposing and enforcing

pretreatment requirements under Section 12(f) of the Environmental

Protection Act and 35 Ill. Adm. Code 3O9.Subpart A and 310. The term

includes an “approved program”.

“New HWM facility” (RCRA) means a “Hazardous Waste Management

99—416

iLLINOIS REGISTER

POLLUTiON CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

facility” which began operation or for which construction commenced

after November 19, 1980.

“New injection well” (U1C) means a “well” which began injection after

the UIC program for the State of Illinois applicable to the well is

approved.

“Off—site” (RCRA) means any site which is not “on—site”.

“On—site” (RCRA) means on the same or geographically contiguous

property which may be divided by public or private right(s)-of-way,

provided the entrance and exit between the properties 

is at a cross-

roads intersection, and access is by crossing as opposed to going

along, the right(s)-of-way. Non—contiguous properties owned by the

same person but connected by a right-of-way which the person controls

and to which the public does not have access, is also considered on—

site property.

“Owner or operator” means the owner or operator of any “facility or

activity” subject to regulation under the RCRA or UIC programs.

“Permit” means an authorization, license or equivalent control

document issued to implement the requirements of this Part and 35

Ill. Adm. Code 703, 704 and 705. “Permit” includes RCRA “permit by

rule” (35 Ill. Adm. Code 703.141), 010 area permit (35 Ill. Adm. Code

704.162) and RC.RA or UIC “Emergency Permit” (35 111. Adm. Code

703.221 and 704.163). “Permit” does not include RCRA interim status

(35 Ill. Adrn. Code 703.153 et seq.), 010 authorization by rule (35

Ill. Adm. Code 7O4.Subpart C), or any permit which has not yet been

the subject of final Agency action, such as a “Draft Permit” or a

“Proposed Permit.”

“Person” means any individual, partnership, co-partnership, firm,

company, corporation, association, joint stock company, trust,

estate, political subdivision, state agency, or any other legal

entity, or their legal representative, agent or assigns.

“Phase I” (RCRA) means, as used in the corresponding federal

regulations, the period of time commencing t•lay 19, 1980. For

Illinois purposes, Phase I began on May 17, 1982.

“Phase II” (RCRA) means, as used in the corresponding federal

regulations, the period of time commencing tlay 19, 1980. For

Illinois purposes, Phase II will comence whenever USEPA grants final

authorization to. the Agency to issue RCRA permits for any class of

facility or unit. This occurred on January 31, 1986.

“Physical construction” (RCRA) means excavation, movement of earth,

99—417

ILLINOiS REGISTER

POLLUTION CONTROL BOARD

NOTICE DF PROPOSED

AMENDMENTS

erection

of forms or structures or similar activity to prepare an

“HWNl facility” to accept “hazardous waste”.

“Plugging” (UIC) means the act or process of stopping the flow of

water, oil or gas into or out of a formation through a borehole or

well penetrating that formation.

“POTW” means “publicly owned treatment works”.

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

“Publicly owned treatment works” (“POTW”) is

as defined in 35 Ill.

Adm. Code 310.

“Radioactive waste” (UIC) means any waste which contains radioactive

material in concentrations which exceed those listed in 10 CFR 20,

Appendix B, Table II, Column 2, incorporated by reference in —Seet*eA

Q2~1.94—35 Ill. Adm. Code 720.111.

“RCRA” means the Solid Waste Disposal Act as amended by the Resource

Conservation and Recovery Act of 1976 (P. L. 94—580,

as amended by P.

L. 95-609, P.L. 96—510, 42 U.S.C. 6901 et seq. (-1.98~—1988)).

“RCRA permit” means a permit required under Section 21(f) of the

Environmental Protection Act.

“Regional Administrator” means the Regional Administrator for the EPA

Region in which the facility is located or the Regional

Administrator’s designee.

“Schedule of compliance” means a schedule of remedial measures

included in a “permit”, including an enforceable sequence of interim

requirements (for example, actions, operations or milestone events)

leading to compliance with the “appropriate Act and regulations”.

“SDWA” means the Safe Drinking Water Act (Pub. L. 93—523, as amended;

42 U.S.C. 300f et seq. (-1.98~—1988)).

“Site” means the land or water area where any “facility or activity”

is physically located or conducted, including adjacent land used in

connection with the facility or activity.

“SIC Code” means codes pursuant to the 

Standard

Industrial

Classification

Manual incorporated by reference in 35 Ill. Adm. Code

720. 111.

“State” means the State of Illinois.

99—418

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

“State Director” means the Director of the Illinois Environmental

Protection Agency.

“State/EPA Agreement” means an agreement between the

Regional

Administrator and the State which

coordinates EPA and State

activities, responsibilities and programs

including those under the

RCRA and SDWA.

“Storage” (RCRA) means the holding of “hazardous waste” for a

temporary period, at the end of which the hazardous waste is treated,

disposed or stored elsewhere.

“Stratum (plural strata)” (UIC) means a single sedimentary bed or

layer, regardless of thickness, that consists of generally the same

kind of rock material.

“Total dissolved solids” (UIC) means the total dissolved (filterable)

solids as determined by use of the method specified in 40 CFR 136,

incorporated by reference in —Seet4-eA ~Q2~1.94—35Ill. Adm. Code

720. 111.

“Transfer facility” means any transportation related facility

including loading docks, parking areas, storage areas and other

similar areas where shipments of hazardous waste are held during the

normal course of transportation.

“Transporter” (RCRA) means a person engaged in the off-site

transportation of “hazardous waste” by air, rail, highway or water.

“Treatment” (RCRA) means any method, technique, process, including

neutralization, designed to change the physical, chemical or

biological character or composition of any “hazardous waste” so as to

neutralize such wastes, or so as to recover energy or material

resources from the waste, or so as to render such wastes non—

hazardous, or less hazardous; safer to transport, store or dispose

of; or amenable for recovery, amenable for storage or reduced in

volume.

“UIC” means the Underground Injection Control program.

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

“Underground source of drinking water” (“USDW” ) (RCRA and UIC) means

an “aquifer” or its portion:

Which:

Supplies any public water system; or

99—4 19

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Contains

a sufficient quantity of groundwater to supply a

public water system; and

Currently supplies drinking water for human

consumption; or

Contains less than 10,000 mg/l total dissolved solids;

and

Which is not an “exempted aquifer”.

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

water”.

“USEPA” means the United States Environmental Protection Agency.

“Wastewater treatment unit” means a device which:

Is part of a wastewater treatment facility which is subject to

regulation under 35 Ill. Adni. Code 3O9.Subpart A or 310; and

Receives and treats or stores an influent wastewater which is a

hazardous waste as defined in 35 111. Adm. Code 721.103, or

generates and accumulates a wastewater treatment sludge which is

a hazardous waste as defined in 35 Ill. Adm. Code 721.103, or

treats 

or stores a wastewater treatment sludge which is a

hazardous waste as defined in 35 111. Adni. Code 721.103, and

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

720.110.

“Well” (UIC) means a bored, drilled or driven shaft, or a dug hole,

whose depth is greater than the largest surface dimension.

“Well injection” (UIC) means the subsurface emplacement of “fluids”

through a bored, drilled, or driven “well”; or through a dug well,

where the depth of the dug well is greater than the largest surface

dimensi on.

BOARD NOTE: —See—Derived from 40 CFR 144.3 and 270.2 (—198~3—1988),

as amended at 53 Fed. Reg. 34086, September 2, 1988, and 53 Fed. Reg.

37934, September 28, 1988.

Source: Amended at 13 Ill. Reg.    

effective

SUBPART C:

PERMIT CONDITIONS

99—4 20

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Section 702.152  Reporting Requirements

a)  Planned changes. The perniittee shall give notice to the Agency as

soon

as possible of any planned physical alterations or additions to

the permitted facility.

b) Anticipated noncompliance. The permittee shall give advance notice

to the Agency of any planned changes in the permitted facility or

activity which may result in noncompliance with permit

requirements. For RCRA, see also 35 

Ill. Adm. Code 703.247.

c)  Transfers. This permit is not transferable to any person except

after notice to the Agency. The Agency may require modification of

the permit to change the name of the permittee and incorporate such

other requirements as may be necessary under the appropriate Act.

(See Sections 702.182 and 702.183, in some cases modification is

mandatory.)

d) Monitoring reports. Monitoring results shall be reported at the

intervals specified in the permit.

e) Compliance schedules. Reports of compliance or non-compliance with,

or any progress reports on, interim and final requirements contained

in any compliance schedule of the permit shall be

submitted no later

than specified in Section 702.162.

Twenty-four hour reporting as required in 35 Ill. Adn. Code 703.245

or 704.181(d).

g)

Other noncompliance. The

permittee shall report all instances of

noncompliance not reported under subsections (d), (e) and (f) at the

time monitoring reports are submitted. The reports shall contain the

information referenced in subsection (f).

h)  Other information. Where the permittee becomes aware that it failed

to submit

any relevant facts in a permit application, or submitted

incorrect information in a permit application or in any report to the

Agency, it shall promptly submit such facts or information.

BOARD NOTE: —See-Derived from 40 CFR 144.51(1) and 270.30(1) (1988).

Source: Amended at 13 Ill. Reg.    

effective

Section 702.160  Establishing Permit Conditions

a)  In addition to conditions required in permits for both programs

(Sections 702.140 through 702.152), the Agency shall establish

conditions, as required on a case—by-case basis, in RCRA and UIC

99—421

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

permits under Section 702.150 (monitoring and records), 702.161

(duration of permits), Section 702.162 (schedules of compliance),

Section 702.163

(alternate schedules of compliance) and Section

702.164 (Recording and Reporting). L

UlConi, permits for owners

and operators of hazardous waste

injection wells must include

conditions meeting

the requirements of 

35 Ill. Adm. Code 704.201

through 704.203 (requirements for wells injecting hazardous waste),

704.189 and 704.191, and

35 Ill. Adm. Code 730.Subpart G. Permits

for other wells must contain the requirements

set forth in 35 

Ill.

Adm. Code 704.Subpart E when applicable.

BOARD NOTE: —See—Derived from 40 CFR 270.32(a) and 144.52(a)

(1988), as amended at 53 Fed. Reg. 

28147, July 26, 1988 and 270.32(a)

(1988).

b) Additional conditions.

1) In addition to conditions required in all permits for a

particular program (35 Ill. Adrn. Code 703.241 et seq. for RCRA

and 35 Ill. Adm. Code 704.181 et seq. for UIC), the Agency shall

establish conditions in permits for the individual programs, as

required on a case—by—case basis, to provide for and assure

compliance with all applicable requirements of the appropriate

Act and regulations.

BOARD NOTE: —See—Derived from 40 CFR 144.52(b) and 270.32(b)

(1988).

2) An applicable requirement is a statutory or regulatory

requirement which takes effect prior to final administrative

disposition of a

permit. 35 Ill. Adm. 

Code 705.184 (reopening

of coninent period) provides a means 

for reopening permit

proceedings at the discretion of the Agency where new

requirements become effective during the permitting process and

are of sufficient magnitude to make additional proceedings

desirable. An applicable requirement is also any requirement

which takes effect prior to the modification of a permit, to the

extent allowed in 35 Ill. Adni. Code 705.201.

BOARD NOTE: —See-Derived from 40 CFR 144.52(b) and 270.32(c)

(1988).

3) New or reissued permits, and to the extent allowed under 35 Ill.

Adm. Code 705.201 modified permits, shall incorporate each of

the applicable requirements referenced in 35 Ill. Adm. Code

703.241 et seq. (RCRA) and 35 Ill. Adrn. Code 704.182 through

704.191 (UIC).

99—4 

iLLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

BOARD NOTE: —See—Derived from 40 CFR 144.52(b) and 270.32(d)

(19 88J.

Incorporation. All permit conditions shall be incorporated either

expressly or by reference. If incorporated by reference, a specific

citation to the applicable regulations or requirements must be given

in the permit.

BOARD NOTE: -See-Derived from 40 CFR 144.51 and 270.32(e) (1988).

(Source: Amended at 13 Ill. Reg.   

effective         

)

SUBPART D: ISSUED PERMITS

Section 702.181  Effect of a Permit

a)  The existence of a RCRA or UIC permit shall not constitute a defense

to a violation of the Environmental Protection Act or this Subtitle,

except for development, modification or crneration without a permit.

—A—However, a permit may be modified, r’ ;sued or revoked during its

term for cause as set forth in 35 Ill. Adm. Code 703.270 through

703.273 and 704.261 through 704.263 and Section-s ‘Q2~1.83th~e~h—

702. 186.

b)  The issuance of a permit does not convey any property rights of any

sort, or any exclusive privilege.

c) The issuance of a permit does not authorize any injury to persons or

property or invasion of other private rights, or any infringement of

State or local law or regulations, except as noted in subsection (a).

BOARD NOTE: -See—Derived from 40 CFR 270.4 —~1-983~as aR~eRded at ~2

~ed~~egr 

4S~8~9eee~beF1.~

1987~3-and144.35 (1988).

(Source: Amended at 13 Ill. Reg.

effective

Section 702.182

Transfer

See 35 Ill. Adm. Code 703.260 and 704.260.

T~ans~e~by R~ed+,~eat+eArE~eeptas ~nev+ded ~ s~ibseet~oR~b3T a

peF~+t ~ay ~e t~ansfe~~edby the peFF+~+ttee to a new ewne~

e~eFat8P

enTy 4f

t~epe~i-~has 

been

~ed~f~ed4~n~e~Seer 

792~1.8~

thF9~A

op

a ~4ne~ ~aod~~eati~on#~ade 4~inde~

Seer 

~O2r1.8~d~

+dent+~ythe new peFA~+ttee aRd +ReeFpe~ates~ehethen Feq~iPeR~entsas

~naybe ~eeessa~y~ndenthe appFepn+ate Aet~ The new ewnen eF

epeFateF to whe~~he pennn.t i~s tFansfeFFed shal4 eefflp1.y with a14 the

teFFRs and eend+t~ensspee4~ed~n s~ehpeFitr

99—423

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

M+ter~at4etFansfeFs~ As an a1.tepnat+ve to t~ansfe~s

~iA4eP

swbseeti~en

~a3~ any ~1-GpePin+t fe~a we1.1. not +n~eet~Agha~a~de~iswaste ~ay be

ae~at~ea~4ytFansfePFed to a new pe~ni+tteei~ff

1.4

The e~Fentpe~w~i~tteenet4~~esthe Agency at 1.east 39 days

advance of the p~opesedt~ansfe~date

i~n

s~bseet4~en(-b323t

The nati~eei~ne1.~desa w~4ttenagFeeH~entbetween the ex~st~ngand

new peFffi+ttees eonta~n4nga spee~.f4edate fo~tnansfe~of pest

Fespens+b4~tyTeeve~ageand ~abfl~i.tybetween them and 

the

neti~eede~enst~atesthat the ~nane~a1.FespoRs+b~l4ty

~eq~Fe~nentsof 3~

I-l.1.r

AdfR~Cede

T04r1.89

wfl~l- 

be ~et by the new

pe~ntteeand that the new peF~tteeag~eesto comply wi~thal.1.

the teems and eendi~t~ensspee4f4ed 4n the pe~mi~tto be

tFansfeFFed ~ndens~bseet4~en~

and

34

The Agency does net netify the ex4st4~ngpe~m~tteeand the

p~epesednew pe~mi~tteeof i~tsi~ntentto med4~ythe peFmi~t~A

medi34eat4on ~nde~ this s~bseet~enmay alse be a m4ne~

med*f4~eat~on~nde~Sees

92r1.8~r I-f

th4~snet~ee+s not

Feee4vedT the tPansfeF ~s effeet4ve on 

the date spee~f~ed4~n the

agreement menti~ened4i~ 

s~bseet~on

~b4~23r

BOARD NOTEf See 49 G~R 1.44~38and 2~Or49v3-

(Source: Amended at 13 Ill. Reg.

, effective

)

Section 702.183

Modification

See 35 111. Mm. Code 703.210

and

704.261.

—When the Agency nece~vesany i-nfe~matien~fe~ exa~pleTinspeets the faei4ity~

Feee~ves4nfo~mat4~onsElbmitted by the peFm~tteeas

FeqH+Fed ~n 

the pe~m4t~See

Sees~~G2~1.49th~ei~gh

l92r1.~23T

neeei~vesa 

neq~estfe~med4f4eat~enop

eenth~ets a ~evi~ewe~the pe~m4~tf41.e4 i~t may dete~mi~newhetbe~e~net one 

mere e~the ea~ises1.4sted

Sees~TO2T1.84 

and ~@2~1.9~feF mod44~eat4en

ex+st~ I-f ea~see~i~sts7the Agency may medi~fythe peFm~taeeeFd~Ag1.yT s~b~eet

to the l4m4tatiens of Seer ~O2~1.8~and

may Fe~estan updated app~eat4en ~f

HecessaPyr When a pepmt 4~swed~4ed~only the ?end~t4onss~b~eetto

mod4~f4eat~ena~e~eopened.~ I-f ea~isedoes net ex4st EIndeF Sees ~92~48 th~e~igh

7Q2~48~

Sees- ~92~1-8~the 

Agency shall net medi~fy the peFm+tr I-f a pe~n4t

med~f~eat~ensat~sf4esthe e~14e~~a~n

Seer ~@2~1.8~fe~~ni4ne~~eeat~ons~

the pe~m~tmay be med~fi~edw14he~ta draft pe~m4t e~p9bl4e Fev+ewr

Othe~w4se~a d~actpe~m4tmast be p~epa~edand ether p~oeed~~es4~n 3~

I-1.lr

Adm~Code 7O~follewed~

B9A~Dt4OTE+ See 49 GFR 

1.22r1~r3—

99—424

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

(Source: Amended at 13 Ill. Reg.

, effective

Section 

702.184

Causes for

Modification

See 35 111. Adm. Code 703.271, 703.272 and 704.262.

a.)

The fellewi~nga~eea~sefo~mod~fi.eat~enbt~it1 not Fe~ss~aneeTof

peFm+tst the follew4ng may be ea~ise~OF~e~ss~ianeeas well as

mod44*eat4en when the pe~m4tee~eq~eestsOP agFees~-

14 Altepat#onsr There a~emate~4aland s~bs~ant4alalte~at~ensop

add4t~ens to the pe~m~ttedfac~l~ty

act~v~tywhich eee~+~~ed

after peFm+t 4ss~aneewhieh ~st4fy the appl4eat~en of peFm~t

cend~t~onsthat a~edi4fe~ent e~absent ~n the ex4st~ng

peFmftr

23  I-nfe~mat4onr The Agency has peee4ved ~nfe~mat*on~Pepm4ts

ether than fe~UI-C Glass I-I-I- wells may be mod4f~edd~~~ngtheir

tePms fe~this ea~seonly ~f the ~nfo~mat~onwas net ava4lable

at the time of pe~m4t issuanee ~ethepthan pev3sed Fegblat+ons~

o~test methods.) and we~ldhave ~st4f~ed the

appl~eatienof d4~fce~entpeFm~teond4t~onsat the t4~me of

4ss~ancer F~e~UI-C area peFm~tsth~sea~seshall 4nel~deany

4nfe~mat~en4.nd~eati~ngthat ew~lat4veeffects en the

env+Fenment a~e~inacceptableT

3)

~4ewstat~toFyPe~+Fementsop peg~lat+ens~The standards o~

peg~ilat+ons en wh4ch the pe~m~twas based have been changed by

stat~ite~thne~ghp~om~ilgatienof new e~amended standards o~

ffeg~4at+onso~by ~id4e~al dee~s~enafter the pe~m~twas

*ss~edr Pepm4ts ether than fo~UI-C Class I-I-I- wells may be

med~f1~eddti~~ngthe~~teFms fe~this cause only as follows~

A.)  The Agency may med4#y the 

pe~m4twhen standards er~

Peg~~rat4oAson whi~ch the peFm#t was based have been changed

by statute e~amended standards o~Feg~lat+ens~

B.)  The pe~m4tteemay ~eq~iestmed~f4cat4onwhen~

~3 The peFm~tcend4t4en ~eq~ested

to be mod4~f~edwas

based 

en a p~om~lgated3~~ll~- Admr Cede TO2T T93

oF

~29 th~e~gh728 (-RGRA4

35 I-llr Ad~~Cede 739 ~YI-G.)

and

4~3

The Beard has Fev~sedTw~thd~awnop med4~edthat

peFt+on of the ~eg~fl.at+onon wh4eh the pe~m4t

eend4tien was basedt and

99—425

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

4444 A perm4ttee Pe~estsmed4f4eat4en 4n aeeepdance w*th

35 I-lIT Adffir

Code 

~O5r128

with4n n*nety

4994 days

after I-ll4ne4s Reg4ste~net4ee of the ~lemak4ngen

wh4ch the ~eq~iest4s based~

C) ~ ~d4e*al dee4s4ensT a co~i~tof competent ~~4sd4et4en

has remanded and stayed Beard p~om~lgated~eg~lat4ons441

the remand and stay eenee~nthat pe~t4onof the ~eg~lat4ons

on wh4ch the pe~m4teend4t4en was based e~4f a Feq~iest45

f4led by the perm4ttee *n aeco~daneewi-th 35 

I-ll~

Adm~Code

7OS~1.28w4th4.n n4nety ~9O4days of ~d4e4al ~emand~

44 Cempl4ance scheth4esr The Agency determ4nes good ea~seex4sts

fo~med4f4cat4en of a eempl4ance sched~le~such as an act of

Ged~stp4ke; flood e~mater4als shortage e~other events ever

whieh the perm4ttee has l4ttle e~no eontpol and fe~wh4ch there

4s no seasonably ava4lable ~emedy~

For RCRA enly~the Agency may mod*fy a pe~m4t~-

A) When mod4f4eat#on of a closi~~eplan 4s ceqH4Fed under 35

I-llr

Admr Code 324T212~b4 

35 I-ll~

Adm~Cede

724~21.8~b4~

S.)  After the Agency rece4ves the not4f4eat4en of expected

cles~ire~nde~35 

I-llr

Adm~Code 724~213~when the Agency

dete~m4nesthat extens*on of the 99 ei~ 1.89 day pe~4eds

~inde~35 

I-llr

Admr Cede 7~4~213~mod4f4cat4on of the 39-

year pest—eos~~epe~4od ~nde~35 

I-llr

Adm~Cede

724r21.7~a4Teent4n~at4onof see~~4ty~eq~4~ements~nde~35

H~J~A?th~~Cede724r2~r7~b4~e~pep~a4ssiento d~st~~hthe

~nteg~+ty of

the eenta4nR~ent system ~uide~35 I-ll~Adn~~Cede

~24~21.7~e4a~e~nwa~~anted~

C.)  When the pe~m4tteehas f4led a Feq~4est~nde~35 I-ll~Admr

Code 724r247~c4fe~a mod4f4eat4en to the level of

f4nanc4al ~espons4b4l4tye~when the Agency demenst~ates

under 35 

1-lIr

Adm~Cede 24~2474d4that an ~pwa~d

ad~stmentof the level of f4nane4a ~espens4b444ty4s

req~i4~ed~

D4

When

the ce~~eet4veaet4on p~eg~amspee4f4ed 4n the pe~m4t

~nde~35 

I-llr

Adm~Code 724~299has net b~e~ghtthe

~eg~ilated~in4t 

~nte

eo~p4ianeew4th the gPe~nE1wateF

p~etect~enstandard

w4thin a ~easenablepe~4ed of 44mev

E4 To 4ncl~ide a detect4en mon4to~4ngp~eg~ammeet4ng the

~e~4~ements of 35 I-ll~ Adm~Code

~24r1.98~

when the ewne~

e~epe~atoFhas been conth~et4nga compl4anee mon4te~4ng

99—426

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

p~ogcam~nde~35 I-ll~- Adm~Cede 724~I-99 o~a ee~~eet4ve

aet*on p~og~am&nde~35 I-llr 

Ad~r

Code 724~2OOand the

eompl4ance pe~4edends befe~e the end of the post-eles~~e

care pe~4edfo~the ~n4t~

F) When a pe~m44 Peq~+Fesa comp~4aneemen4te~4ngp~eg~am

~inde~35 i4lr 

Admr 

Code 

724rI-99T 

b~itmon4te~4ngdata

collected p~4o~to pe~m4t 4ss~ance 4nd4eate that the

fae4l4ty 4s exceed4ng the g~o~indwate~p*’etect*on standa~d~

C) To 4neli~de cend4t4ons appl4eable to ~n4tsat a fae4l4ty

that were net p~ev4e~isly4nel~ded4n the fac4l4ty-1s perm4t~

N.)  When a land treatment ~n4t45 not aeh4ev4ng complete

treatment of ha~a~de~iseenst4ttients ~nde~4ts e~r~ent

perm4t eond4t4ens~

64 For RGRA enly- notw4thstand4ng any ether p~ev4s4onof th4s

Seet4on1 when a perm4t fe~a land d4sposal fae4l4ty 4s ~ev4ewed

under Sect4en 792r1.61.4d4T the Agency shall med4fy the perm4t as

neeessa~yto ass~~ethat the fae4l4ty cent4n~esto comply w4th

the c~~rentlyappl4eable req~i4rements 4n th4s Past and 35 I-ll~

Adm~Cede 793 and 729 th~e~gh726w

b) The folow4ng are ca~+ses to mod4fy o~ alternat4vely~ pe4ss~ea

pe~m4t~The Agency has ~ece4vednot4f4eat4en ~as peq~4~ed4n the

pe~m4t;see Seet4en 792r1.524e44 of a p~opesedtransfer of the

pe~m4t~A pe~m4t also may be med4f4ed to reflect a transfer after

the effeet4ve date of an a~temat4etransfer ~eet4en 792r1-824b44~ b~t

w411 net be ~evekedand ~e4ssuedafter the e~eet4vedate of the

transfer except ~pen the request of the new pe~m4tteer

S9ARD F4OTS~- See 49 CFR 1.44~39 41.9874 and 37@~41 41.9874; as amended

at 52 Fed~Seg~45787~-~eeembe~1- 1.937r3-

(Source: Amended at 13 Ill. Reg.   

effective         

)

Section 702.185  Facility Siting

See 35 Ill. Adm. Code 703.273 and 704.263.

—Fop RGR.A and UI-C; s~4tab4l4ty of the fae4l4ty leeat4en w4ll net be eons4de~ed

at the t4~eof pe~m4t~aod4f4eat4enunless new i-AfeFH~atioA 

e~standards

4nd4cate that a threat to hw~anhealth e~the env4~onment ex4sts wh4eh was

unknown at the t4me of pe~m4t 4ss~aAceo~~inlesspeq~4red~nde~the

Env4penmental P~otect4enAct~. However; ee~ta4nmod4f4eat4ons may ceq~4~es4te

loeat4on s~4tab4l4ty approval p~FsHantto Sect4on 39~2of the Snv4penmenta4-

P~etect4onActT

99—427

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED 

AMENDMENTS

BOARD t4OT~- See 49 GFR 122r1-5e4r4-

(Source: Amended at 13 111. Reg.   

effective         

)

Section 702.186  Revocation

The Board will revoke a permit during its term in accordance with Title VIII

of the Environmental Protection Act -op deny a perm4t ~enewa appl4eat4on—for

the following causes:

a) The permittee’s violation of the Environmental Protection Act or

regulations adopted thereunder;

b) Noncompliance by the permittee with any condition of the permit;

c)  The permittee’s failure in the application or during the permit

issuance process to disclose fully all relevant facts, or the

permittee’s misrepresentation of any relevant facts at any time; or

d)  A determination that the permitted activity endangers human health or

the environment and can only be regulated to acceptable levels by

permit modification or revocation.

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

(Source: Amended at 13 111. Reg.   

effective

Section 702.187  Minor Modifications

See 35 Ill. AUm. Code 703.280 and 704.2~34.

—Upon the consent of the perm4ttee7 the Agency may

mod4fy a pe~m4t to make the

ce~~ect4enso~allowances fop changes 4n the pe~m4ttedact4v4ty l4sted 4n th4s

Sect4on; ~4the~itfollew4ng the p~oced~iresof 35 

IlIr 

Adm~Code 7OS~ Any

pe~m4tmed4f4cat4en net processed as a m4ne~mod4f4eat4en under th4s 

Sect4en

mast be made fe~cause and w4th a 35 I-Il,- Adm~Cede 795 draft peFm*t and

p~bl4enet4ee as ~eq~+4red4n Sect4ens 792~183 th~e~gh792~1.85~M4ne~

mod4f4cat4ons may only~

a.)  Gor~eettypegrap)~4ealeFForst

Req~4~en~e~ef~e~entmeA~teP+Rg or ~e~ert~ng by the pere4ttee~-

Change an 4n~e~~mcempl4anee date 4n a 

schedule of cen~p4anee~

prov4ded the new date 4s not mere than 1.29 days after the date

spec4f4ed 4n the ex4st4ng pe~m4t and does not 4nte~ferew4th

atta4nment of the f4nal eempl4ance date

~eq~4~ement~op

99—428

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

d4 Allow fe~a change 4n ewne~sh4poP operat4onal eent~elof a fae4l4ty

where the Agency determ4nes that no ether change 4n the pepm4t 4s

necessary; p~ev4dedi

14 Fer RCRA only~- that a wp4tten agPeement eonta4n4ng a spee4f4e

date fe~transfer of pe~m4t ~espens4bi44tybetween the cdrrent

and new pe~m4tteeshas been s~bm4ttedto the Ageney~ Changes 4n

the ownersh4p o~epe~at4enal control ef a faei-l4ty may be made

only 44 the owner o~operator s~bm4tsa rev4sed perm4t

appl4cat4on no 1-ate~than 99 days pr4er to the sehed~led

changes When a transfer of owne~sh4por operat4onal eontFol of

a fa?4l4ty oec~ps7the old owner or operator shall comply w4th

the ~eq~~4rementsof 35 141T Adm~Cede 724~S~bpa~tH 4f4nanc4.al

requ4~ewents-)1 ~nt4lthe new owner e~opePatoF has demenst~ated

to the Agency that the new owner or operator 4s eomply4ng w4th

the ~eq~4rementsof that S~ibpa~t~The new owner or opeFatoF

shall demonstrate eompl4anee w4th the f4nane4al- ass~ranee

req~4~ementswi.th4n s4x months after the date of the change #n

the ewne~sh4por eperat4onal control of the fac4l4ty~ Upon

demenstpat4on to the Agency by the new owner op ope~ate~of

eompl4ance w4th the f4nane4al ass~i~ancereq~4~ementsthe Agency

shal4 not4fy the old ewne~or epePatoF 4.n wr4t4ng that the old

owner o~epe~ato~no longer needs to comply w4th 

35

I-llr Adm~

Code 724rS~bpa~tH as of the date of the demonstpat4on~

2)

For UI-C onlyi. that

a wri-tten agFeement eenta4n4ng a spee4f#e

date fo~t~ansferof perm4t respens4b4l4ty; coverage and

l4ab4l4ty

between the e~rrentand new perm4ttees has been

s~h~4ttedto

the

Ageney~

Fo~RCRA enly~-

1) Change the li-sts of faci-l4ty emergency eoord4nate~sor eq~i4pment

4n the perm4t1s eont4ngeney plant o~

24 M4nor changes to cles~~eplans~

A.)  Change esti-mates of maxi-mwa 4nvente~yHRdeP 35 I-llr Adm~

Code 7.24~21.24a4424t

Change est4~atesof expected year of eles~i~eor sehethles

for f4nal eles~retinder 35 1ll~Ad~rCode 724r21.2a444)t or

C)  Approve pe~4odslonger than 99 days o~1.89 

days ~inde~35

3) ChangeI-ll~theAdmrrangesCodeof

724r2134a)the

operat4ngand

4b4

reqH4Pements

set 4n the

99—429

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

perm4t to reflect the results of the tri-al bu~n~prov4ded that

the change 4s m4nop~

44 ChaRge the epe~at4-ng~equ4~ementsset 4-n the pe~mi-t fop

conduet4ng a t~4a burnt p~ov4dedthat the change 4-s 

ffl4AOPr

Grant one extensi-en of the t4me pep4-ed for dete~m4nat4ng

operat4onal pead4ness fellow4-ng complet4en of const~uct4on~for

up to 7.29 hours operat4ng ti-me for treatment of ha~a~deuswastes

64 Change the treatment program ~equ4~ementsfo~land treatment

un4ts under 35 I-ll-~- Adm~Code 724~371to 4mprove treatment of

ha~a~douscenst4tuents; p~ov4dedthat the change 4-s minoPr

7) Change any eond4t4-ons spec4f4ed 4-n the perm4t fo~land treatment

un4ts to reflect the results of f4eld tests or labe~ate~y

analyses used 4-n maki-ny a treatment demonstrat4on 4-n acce~dance

w4th 35 

1.llr 

Adm~Code 793~239~p~ev4dedthat the change 4-s

m4nor~

84 Allow a second treatment demonstrat4on for land treatment to be

conducted when the results of the f4rst demenst~at4en have not

shown the cond4t4ons under wh4eh the waste o~wastes can be

treated completely as requ4~edby 35 I-ll~Adm~Code

7.24r3724a-);

p~ov4dedthe eond4t4ons for the second demonstpat4on are

substant4aly the same as the eond4t4ons fo~the f4rst

demonstrat4on~

9) Allow tpeatment of haaarde~swastes not p~ev4-e~slyspecif4ed 4-n

the perA

t ~

A-)

The haaardous waste has been p~oh4b4ted from one or more

methods of land d4sposal under 35 I-llr Adm~Code

728~Subpa~tC or 35 I-ll~Adm~Cede 7.28~I-39t

B) Treatment 4-s 4-n accopdance w4th 35 I-ll~ Adm~Code 7.28~1-94

44-f appl4cable4; 35 i-ll~ Adm~Code 72S~1.93 and;

44 Treatment 4-s 4-n aeco~daneew4th standards establ4-shed

under 3S I-ll~

AdmT 

Cede 728r141.; 728~1.42 

Op

728~l44t

4-44 Where no treatment standards have been estahl4shed~

tpeatment ~ende~sthe waste no longer su~ect te the

appl4-cable p~eh4-b4t4-ons set fe~th4-n 35 I-ll~ Adm~Code

728~1.32 o~728~139~

C) Handl4ng and tPeatment of the restr4cted wastes wi-Il not

99—430

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

present r4sks substanti-ally d4-ffepent from those of wastes

14-sted 4~the perm4-tt and

The Agency approves the mi-nep mod4f4-eat4en~ The Agency

shall Rot approve changes to the pe~m4-t except fo~the

addi-ti-en of new waste codes and adm4nistpat4ve or teehn4-eal

changes neeessa~yto handle new wastes~ The Agency shall

net apppeve changes 4-n treatment pcoeesses or phys4-eal

equ4-pment under th4-s subseet4en~

19) Allow pe~m4-tted faei-l-4-t4-es to chaRge the4r epe~at4ensto treat

op steve ha~ardeuswastes subject to land dsposal restp4et4ons

4-mpesed by 35 I-ll~Adm~Code 7.28 p~ov4-ded such t~eatmeRto~

storage occurs 4-n eonta4-ners o~tanks and the perm4tteef

A) Requests a ma~e~pe~m4t modi.f4eat4-en pupsuant to Sect4-on

7.92~1.83 and 35 

I-llr 

Admr Code 7.OSrI2Sf

B.)  9emenst~ates4-n the ma~o~pe~m4-tmod4f4-eat4on request that

the tFeatment o~stocage 4-s neeessa~yto comply w4th the

land d4-sposal pestp4et4ens of 35 I-ll~Adm~Code 7.28~ and

C.)  ~nsu~ethat the tPeatment or stoFage un4ts comply w4th the

appl4-eable 35 

I-llr

AdmT 

Code 7.25 and 728 standards pend4-ng

f4-nal adm4n4st~at4-ve di-spes4t4on of the maser mod4f4-eat4-on

~equest~ he authori-~at4-on to make changes conferred 4-n

th4s paragpaph shall tepm4-nate upon f4-nal adm4-n4st~at4-ve

d4-sposi-t4-on of the perm4-ttee-~s ma~e~mod4f4eat4-on Fequest

under Sect4-en 

702*483;

or ~evoeat4-enof the perm4-t under

Seet*on 7.92*486~-

f) For UI-C only~-

13 Change quanti-ti-es e~types of flu4-ds 4-n~4ectedwh4-ch are wi-th4-n

the eapae4ty of the fae4li-ty as pe~m4ttedandy 4-n the judgment

of the Ageney~weuld not 4ntepfepe w4th the ope~at4onof the

fac4l4ty or 44s ab4li-ty to meet cond4t4ons descp4-bed 4-n the

perm4t and would not change 4ts class4-f4-cat4-on~

24 Change eenstpuet4-on requ4-~ements approved by the Agency puFsuant

to 35 

I-ll~

Adm~Code 7.94r1.82 4establ4sh4ng UI-C pe~m4t

cond4t4-ons); prov4ded that any such altepati-en shall comply w4-th

the req~4re~entsof th4s 

Part and 35 I-ll~Ada1. Cede 794 and

34

Amend a plugg4-ng and abandonment plan wh4-ch has been updated

under 35 I-ll~Adm~Code 794r181.4e4r

4BOASD 

f4OT~-

See 49 CFR I-44r41. 

and 279~42 41.9S74~as amended at

99—431

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

52

Fedr 

Reg~2S7.69~July 8~1.987.r3

Source: Amended at 13 Ill. Reg.    

effective

99—4 32

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G:

WASTE DISPOSAL

CHAPTER 1:

POLLUTION CONTROL BOARD

SUBCHAPTER b:

PERMiTS

PART 703

RCRA PERMiT PR0GRA~1

SUBPART A:

GENERAL PROVISIONS

Section

703.100

Scope and Relation to Other Parts

703. 101  Purpose

703.110  References

SUBPART B:

PROHIBITIONS

Section

703.120  Prohibitions in General

703.121  RCRA Permits

703.122  Specific Inclusions in Permit Program

703.123  Specific Exclusions from Permit Program

703.124  

Discharges 

of Hazardous Waste

703.125  Reappl ications

703.126  Initial Applications

703.127  Federal Permits (Repealed)

SUBPART C: AUTHORIZATION BY RULE

AND INTERIM STATUS

Sect i on

703.140

Purpose and Scope

703.141

Permits by Rule

703.150  Application by Existing HWM Facilities and Interim Status

Qualifications

703.151  Application by New HWr1 Facilities

703. 152  Amended Part A Application

703.153  Qualifying for Interim Status

703.154  Prohibitions During Interim Status

703.155  Changes During Interim Status

703. 156  Interim Status Standards

703.157  Grounds for Termination of Interim Status

703.158

Permits for Less Than an Entire Facility

703.159

Closure by Removal

703.160  Procedures for Closure Determination

SUBPART D:

APPLICATIONS

Sect i on

703.180  Applications in General

703.181  Contents of Part A

703.182  Contents of Part B

703.183  General Information

99—433

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

703.184

Facility Location Information

703.185  Groundwater Protection Information

703.186  Exposure Information

703.187  Solid Waste Management Units

703.188

Other Information

703.200  Specific Information

703.201  Containers

703.202  Tank Systems

703.203  Surface Impoundments

703.204  Waste Piles

703.205

Incinerators

703.206  Land Treatment

703.207  Landfills

703.209  Miscellaneous Units

SUBPART E:

SHORT TERM AND PHASED PERMITS

Secti on

703.221  Emergency Permits

703.222  Incinerator Conditions Prior to Trial Burn

703.223  Incinerator Conditions During Trial Burn

703.224  Incinerator Conditions After Trial Burn

703.225  Trial Burns for Existing Incinerators

703.230  Land Treatment Demonstration

703.231  Research, Development and Demonstration Permits

SUBPART F:

PERMIT CONDITIONS

Sect i on

703.241  Establishing Permit Conditions

703.242

Noncompliance Pursuant to Emergency Permit

:103.243

floniLor~ng

703.244

Notice of Planned Changes

703.245  Release or Discharge Reports

703.246  Reporting Requirements

703.247  Anticipated Noncompliance

SUBPART G: CHANGES TO PERMITS

________

Transfer

________

Modi fi cati on

________

Causes for Modification

_______

Causes for Modification or Reissuance

Facility Sitin~

Permit Modification at the Request of the Permfttee

rlass 2 Modi

Class 3 Modi

fications

tications

Secti on

703. 260

703. 270

703. 271

703. 272

703.27 3

703. 280

703. 281

703.282

703.2 83

ass 1 Modi~ications

Appendix A Classification of Permit Modifications

99—434

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE DF PROPOSED AMENDMENTS

AUTHORITY: Implementing Section 22.4 and

authorized by Section 27 of the

Environmental Protection Act (ill. Rev. Stat. 1987, ch. 111 1/2, pars. 1022.4

and 1027).

SOURCE: Adopted in R82-19, 53 PCB 131, at 7 Ill. Reg. 14289, effective

October 12, 1983; amended in R83-24 at 8 Ill. Reg. 206, effective December 27,

1983; amended in R84-9 at 9 111. Reg. 11899, effective July 24, 1985; amended

in R85-22 at 10 Ill.

Reg. 1110, effective January 2, 1987; amended in R85-23

at

10 Ill.

Reg. 

13284,

effective July 28, 1986; amended in R86-1 at 10 Ill.

Reg. 14093, effective August 12, 

1986; amended in R86-19 at 10 Ill. Reg.

20702, effective December 2, 1986; amended 

in R86-28 at 11 ill. Reg. 6121,

effective March 24, 1987; amended in R86-46 at 11 Ill. Reg. 13543, effective

August 4, 1987; amended in R87—5 at 11 Ill. Reg. 19383, effective November

12, 1987; amended in R87-26 at 12 111. Reg. 2584, effective January 15,

1988; amended in R87-39 at 12 Ill. Reg.

13069, effective July 29, 1988;

amended in R88-16 at 13

Ill. Reg. 447, effective December 27, 1988; amended

in R89—1 at 13 Ill. Reg.   

effective

SUBPART D: APPLICATIONS

Section 703.183  General Information

The following information is required in the Part B application for all HWM

facilities, except as 35 Ill. Adm. Code 724.101 provides otherwise:

a) A general description of the facility;

b) Chemical and physical analyses of the hazardous wastes to be handled

at the facility. At a minimum, these analyses —shall—must contain

all the information which must be known to treat, store or dispose of

the wastes properly in accordance with 35 Ill. Adm. Code 724;

c) A copy of the waste analysis plan required by 35 Ill. Adm. Code

724.113(b) and, if applicable, 35 111. Adm. Code 724.113(c);

d) A description of the security procedures and equipment required by 35

Ill. Adm. Code 724.114, or a justification demonstrating the reasons

for requesting a waiver of this requirement;

e) A copy of the general inspection schedule required by 35 Ill. 

Adrn.

Code 724.115(b); include where applicable, as

part of the inspection

schedule, specific requirements in 35 III. Adm. Code 724.274,

7.24T29344-3; 724r295724.294, 724.326, 724.354, 724.373, —and

—724.403 and 724.702

f) A justification of any request for a waiver of the preparedness and

prevention requirements of 35 Ill. Adm. Code 724.Subpart C;

99—435

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

g) A copy of the contingency plan required by 35 111. Adm. Code

724.Subpart D;

BOARD NOTE: Include, where applicable, as part of the contingency

plan, specific requirements in 35 Ill. Adin. Code 724.327 and

724.355. 35 Ill. Adm. Code 724.355 has not yet been adopted.

h)  A description of procedures, structures or equipment used at the

facility to:

1)  Prevent hazards in unloading operations (for example, ramps,

special forklifts);

2)  Prevent runoff from hazardous waste handling areas to other

areas of the facility or environment, or to prevent flooding

(for example, berms, dikes, trenches);

3)  Prevent contamination of water supplies;

4) Mitigate effects of equipment failure and power outages; and

5)  Prevent undue exposure of personnel to hazardous waste (for

example, protective clothing);

i)  A description of precautions to prevent accidental ignition or

reaction of ignitable, reactive or incompatible wastes as req~red to

demonstrate compliance with 35 111. Adm. Code 724.117 including

documentation demonstrating compliance with 35 111. Adm. Code

124.117(c);

Traffic pattern, estimated volume (number, types of vehicles) md

control (for example, show turns across traffic lanes and stack inq

lanes (if appropriate); describe access road surfacing and bed

bearing capacity; show traffic control signals);

k)  Facility location information as required by Section 703.181;

An outline of both the introductory and continuing training programs

by owners or operators to

prepare persons to operate or 

moint~n t•.~

HWM

facility in a safe manner as required to demonstrate 

crJnpiien~:~’

with 

35 Ill. Adm. Code 724.116. A

brief description of ho.: tr~

will be

designed to meet ectual job 

tasks in accordance o U;

requirements in 35 Ill. Adrii. Code 724.116(a)(3);

m)  A copy of the closure plan and, where applicable, the post-cbo:;ui

plan required by 35 Ill. Adm. Code 724.212-i—and 724.213— and

724~297.—. Include where applicable, as part of the plans, specific

99—436

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

requirements in 35 Ill. Adm. Code 724.278, 724.297, 724.328, 724.358,

724.380, 724.410, -and —724.451 724.701 and 724.703

n) For hazardous waste disposal units that have been closed,

documentation that notices required under 35 Ill. Adrn Code 724.219

have been filed;

o)  The most recent closure cost estimate for the facility prepared in

accordance with 35 Ill. Adm. Code 724.242 and a copy of the

documentation required to demonstrate financial assurance under 35

Ill. Adm. Code 724.243. For a new facility, a copy of the required

documentation may be submitted 60 days prior to the intitial receipt

of hazardous wastes, if it is later than the submission of the Part

p)  Where applicable, the most recent post-closure cost estimate for the

facility prepared in accordance with 35 Ill. Adm. Code 724.244 plus a

copy of the documentation required to demonstrate financial assurance

under 35 Ill. Adm. Code 724.245; For a new facility, a copy of the

required documentation may be submitted 60 days prior to the intitiab

receipt of hazardous wastes, if it is later than the submission of

the Part B;

q)  Where applicable, a copy of the insurance policy or other

documentation which comprises compliance with the requirements of 35

Ill. Adm. Code 724.247. For a 

new

facility, documentation showing

the amount of insurance meeting the specification of 35 111. Adm.

Code 724.247(a) and, if applicable, 35 Ill. Adm. Code 724.247(b),

that the owner or operator plans to have in effect before initial

receipt of hazardous

waste for treatment, storage or disposal. A

request for an alternative level of requi red coverage, for a new or

existing facility, may be submitted as specified in 35 Ill. Adm. Code

724.247(c);

s) A topographic map showing a distance of 1000 feet around the facility

at a scale of

2.5 centimeters (1 inch) equal to not more than 61.0

meters (200 feet). Contours must be shown on the map. The contour

interval must be sufficient to clearly show the pattern of surface

water flow in the vicinity of and from each operational unit of the

facility. For example, contours with an interval of 1.5 meters (5

feet), if relief is greater than 6.1 meters (20 feet), or an interval

of

0.6 meters (2 feet), if relief is less than 6.1 meters (20

feet). Owners and operators of HWM facilities located in mountainous

areas —should—shall use larger contour intervals to adequately show

topographic profiles of facilities.

The map —shall—must clearly show

the following:

Map scale and date;

99—437

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

2)  100-year floodplain area;

3)  Surface waters including intermittent streams;

4) Surrounding land uses 

(residential, coninercial, agricultural,

recreational);

5)  A wind rose (i.e., prevailing windspeed and direction);

6) Orientation

of the map (north arrow);

Legal boundaries of the HWM facility site;

Access control (fences, gates);

Injection and withdrawal wells both on-site and off-site;

10) Buildings; treatment, storage or disposal operations; or

other

structures (recreation areas, runoff control systems, access

and

internal roads, storm, sanitary and process sewage systems,

loading and unloading areas, fire control facilities, etc.);

11) Barriers for drainage or flood control;

12) Location of operational units within the HWM facility site,

where hazardous waste is (or will be) treated, stored or

disposed (include equipment cleanup areas);

BOARD MOTE: For 

argo MOM facilities, the Agency -w~l4~aO~I1

allow the use of other scales on a case by case basis.

t) Applicants —may be requ4-red to—shall submit such 

information

as —may

be necessary to enable -the Agency   

~

to

determine whether to issue a permit -should be 4-ssued— and

what

conditions to impose in any permit issued.

u)  For land disposal facilities, if a case—by-case extension has been

approved under 35 111. Adm. Code 728.105, or if a petition has been

approved under 35 Ill. Adm. Code 728.106, a copy of the notice of

approval of the extension or of approval of the petition is required.

BOARD NOTL: -See 40 GFR 270t143b) 3l9863~ as amended at 5~

000r

Reg~

25471; ~ly 14~1986~and at SI Fed~Reg~ 49636w !‘4evember 7~1986T)-

De

ri v edf~Qç7O.1~(p)j~9~

Source: Amended at 13 Ill. Reg.

effective

99—438

iLLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Section 703.184  Facility Location Information

a) In order to show compliance with

the facility location requirements

of Section —2I(~k3—21(l) of the Environmental Protection Act, the

owner or operator

—must—shall include the following information, or a

demonstration that Section —21(-k3—21(l) does not apply:

1)

Location of any active or inactive shaft or

tunneled mine below

the facility;

Location of any active faults in the earth’s crust within 2

miles of the facility

boundary;

3) Location of existing private wells or

existing sources of a

public water supply within 1000 feet of any disposal unit

boundary;

4) Location of the corporate boundaries of any

municipalities

within one and one-half miles of

the facility boundary;

BOARD NOTE: —Paragraphs—Subsections (a)(1), (a)(2), (a)(3) and

(a)(4) request information necessary to allow the Agency to

determine the applicability of Section 21(k) requirements.

These provisions are not intended to modify the requirements of

the Act. For example, the operator is required to give the

location of wells on its own property, even though the Agency

might find that these do not prohibit the site location.

5)  Documentation showing approval of municipalities if such

approval is required by Section —21-4k4—21(l) of the Act;

c) Owners and operators of all facilities shall provide an

identification of whether the facility is located within a 100-year

floodplain. This identification must indicate the source of data for

such determination and include a copy of the relevant —~ederal

I-nsupanee Adm4-n4-strat4-on 4~I-A3— flood map 

pjroduced

by the Federal

Emergency Management Agency, National Flooci Insurance Program (NFIP),

if used, or the calculations and maps used where a -~1-A—NFIPmap is

not available. Information —shall—must also be provided identifying

the 100—year flood level and any other special flooding factors

(e.g., wave action) which must be considered in designing,

constructing, operating or maintaining the facility to withstand

washout from a 100-year flood;

BOARD NOTE: NFIP maps are available as follows:

Flood Map Distribution Center, National Flood Insurance Program,

Federal Emergency Management Agency, 6930 (A—F) San Tomas Road,

99—439

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Baltimore, MD 21227-6227. 800/638-6620

Illinois Floodplain Information Depository, State Water Survey,

514 WSRC, University of Illinois, Urbana, IL 61801. 217/333-

0447.

BOARD NOTE: Where NFIP maps —for the T4at4-onal Flood ~nsupanee

Program prothfeed by the Federal insurance Admi~n4strat4-on çF4-A3

of the Federal ~mergeney~4aRagemeRtAgency -are available, they

will normally be determinative of whether a facility is located

within or outside of the 100—year flood plain. However, where

the —FI-A—NFIP map excludes an area (usually areas of the

floodplain less than 200 feet in width), these areas must be

considered and a determination made as to whether they are in

the 100-year floodplain. Where —F~A-NFIP maps are not available

for a proposed facility location, the owner or operator —must—

shall use equivalent mapping techniques to determine whether the

facility is within the 100-year floodplain, and if so located,

what the 100—year flood elevation —would be-is.

BOARD NOTE: Derived from 40 CFR 27O.14(b)(11)(iii) (1988).

d) Owners and operators of facilities located in the 100-year floodplain

—must—shall provide the following information:

1)  Engineering analysis to indicate the various hydrodynamic and

hydrostatic forces expected to result at the site as a

consequence of a 100-year flood;

Structural

or

other engineering studies sho;iing the desi gn of

operational units (e.g., tanks, incinerators) and flood

protection devices (e.g., floodwalls, dikes) at the facility and

how these will prevent washout;

3)  If applicable, and in lieu of —paragraphs—subsections (d)(1) and

(d)(2) above, a detailed description of procedures to be

followed to remove hazardous waste to safety before the facility

is flooded, including:

Timing of such movement relative to flood levels, including

estimated time to move the waste, to show that such

movement 

can be completed before floodwaters reach the

facility;

B) A description of the bocation-s3—sto which the waste will

be moved and demonstration that those facilities will be

eligible to receive hazardous waste in accordance with —the

regulati-ons under —35 Ill. Adm. Code 702, 703, 724 and 725;

99—440

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

C) The planned procedures, equipment and personnel to be used

and the means to ensure that such resources will be

available in time for use;

D) The potential for accidental discharges of the waste during

movement;

BOARD NOTE: Derived from 40 CFR 27O.14(b)(11)(iv) (1988).

—E—Owners and operators of existing facilities not in compliance with

35 Ill. Pdrn. Code 724.118(b) shall provide a plan showing how the

facility will be brought into compliance and a schedule for

compliance. Such —faci-liti-es should -owners and operators shall file

a concurrent variance petition with the Board;

BOARD NOTE: Derived from 40 CFR 270.14(b)(11)(v) (1988).

Owners or operators of new regional pollution control facilities, as

defined in Section 3 of the Environmental Protection Act, —must—shall

provide documentation showing site location suitability from the

county board or other governing body as provided by Section 39(c) and

39.2 of that Act.

Source: Amended at 13 Ill. Reg.    

effective

Section

703.209  Miscellaneous Units

as otherwise pTovided in

35 Ill. Adm. Code 

724.700, owners and

~p~ratees 

of facilities_that

troeL, 

stare

o~posefizmOo

miscellaneous 

units shall provide the

following 

additional information

in tho

Part B application:

~j A detailed description of the unit being used or proposed for use,

including the following:

Physical characteristics, materials of construction and

dimensions of the unit

~j Detailed plans and engineering reports describing how the unit

will be locpted, designed, constructed, operated, maintained,

monitored, inse ed and closed to compl~~iththe reguriements

of 35111. Adm. Code 724.701

and 724.702; and

j~ For disposal units, a detailed description of the plans to

comply with the post-closure requirements of 35 Ill. Adm. Code

724. 703.

9 9—441

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

~j Detailed hydrologic, geologic and meteorologic assessments and land—

use maps for the region surrounding the site that address and ensure

compliance of the unit 

with each factor in the environmental

performance standards of 35 Ill. Adm. Code 724.701. Preliminary

hydrologic, geologic and meteorologic assessments will suffice,

unless the Agency notifies the applicant that, based on the

preliminary assessments, the unit will not conform with the

environmental performance standards of 35 Ill. Adm. Code 724.701.

The Agency shall follow the procedures for incomplete applications in

35 Ill. Adm. Code 705.122.

c)  Information on the potential pathways of exposure of humans or

environmental receptors to hazardous waste or hazardous constituents

and on the potential magnitude and nature of such exposures.

For any treatment unit, a report on a demonstration of the

effectiveness of the treatment based on laboratory or field data.

Any additional information which the Agency determines is necessary

for evaluation of compliance of the unit with the environmental

performance standards of 35 Ill. Adin. Code 724.701.

BOARD NOTE: Derived from 40 CFR 270.23 (1988).

Source: Added at 13 Ill. Reg.    

effective

SUBPART E:

SHORT TERM AND PHASED PERMITS

Section 703.222 Incinerator Conditions Prior to Trial Burn

For

the

purposes of determining operational readiness following

com2letion 

physical construction,

the Agency —must—shall establish permit conditions,

including but not limited to allowable waste feeds and

operating conditions,

in the permit to a new hazardous waste incinerator. These permit conditions

will be effective for the minimum time required to bring the incinerator to a

point of operational readiness sufficient to conduct a 

trial burn, not to

exceed 720 hours operating time for treatment of hazardous waste. The Agency

—may-shall extend the duration of this operation period once, for up to 720

additional hours, at the request of the applicant when good cause is shown.

The permit —may-must be modified to reflect the extension according to —35

Illr 

Adm~Gode 792~l83M4nor med~4eat4onso~perm4-ts~-—Section

703.280.

a) Applicants

—m~s~-shallsubmit a statement, with Part 3 of the permit

application, which suggests the conditions necessary to operate

in

compliance with the

performance standards of 35 Ill. Adm. 

Code

724.443 during this period. This statement -should—must include, at

a minimum, restrictions on waste constituents, waste feed rates and

the operating parameters identified in 35 Ill. Adm. Code 724.445;

99—442

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

b)  The Agency —w4-ll—shall review this statement and any other relevant

information submitted with Part B of the permit application and

specify requirements for this period sufficient to meet the

performance standards of 35 Ill. Adm. Code 724.443 based on

engineering judgment.

—~SoardNote~- See 49 GFP~ ~        

NOTE: Derived from 40

CFR 270.62(a) (1988), as amended at 53 Fed. Reg. 37934, September 28,

1988.

(Source: Amended at 13 Ill. Reg.   

effective

Section 703.223 Incinerator Conditions During Trial Burn

For the purposes of determining feasibility of compliance with the performance

standards of 35 Ill. Adm. Code 724.443 and of determining adequate operating

conditions under 35 Ill. Adm. Code 724.445, the Agency —must-shall establish

conditions in the permit to a new hazardous waste incinerator to be effective

during the trial burn.

a) Applicants —must—shall propose a trial burn plan, prepared under

-paragraph—subsection (b) with Part B of the permit application;

b)

The trial burn plan must include the following information:

1) An analysis of each waste or mixture of wastes to be burned

which includes:

A)

Heat value of the waste in

the form and composition in

which it will be burned;

B) Viscosity (if applicable), or description of physical form

of the waste;

C) An identification of any hazardous organic constituents

listed in 35 111. Adm. Code 721—;—.Appendix H, which are

present in the waste to be burned, except that the

applicant need not analyze for constituents listed in

Appendix H which would reasonably not be expected to be

found in the waste. The constituents excluded from

analysis must be identified, and the basis for their

exclusion stated. The waste analysis must rely on

analytical techniques specified in “Test Methods for the

Evaluation of Solid Waste, Physical/Chemical Methods”

(incorporated by reference, see Section 703.110), or their

equivalent;

99—443

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

An approximate quantification of the hazardous constituents

identified in the waste, within the precision produced by

the analytical methods specified in “Test Methods for the

Evaluation of Solid Waste, Physical/Chemical Methods,”

(incorporated by reference, see Section 703.110) or their

equi valent;

2)

A

detailed engineering description of the incinerator for which

the permit is sought including:

Manufacturer’s name and model number of incinerator (if

available);

B) Type of incinerator;

C) Linear dimensions of the incinerator unit including the

cross sectional area of combustion chamber;

D) Description of the auxiliary fuel system (type/feed);

E) Capacity of prime mover;

F) Description of automatic waste feed cut-off system(s);

G) Stack gas monitoring and pollution control equipment;

Nozzle and burner design;

I)  Construction materials;

3)

Location and description of temperature, pressure and flow

indicating and control devices;

3) A detailed description of sampling and monitoring procedures,

including sampling and monitoring locations in the system, the

equipment to be used, sampling and monitoring frequency and

planned analytical procedures for sample analysis;

4)

A

detailed test schedule for each waste for which the trial burn

is planned including date(s), duration, quantity of waste to be

burned and other factors relevant to the Agency’s decision under

—paragraph—subsection (e);

A detailed test protocol, including, for each waste identified,

the ranges of temperature, waste feed rate, combustion gas

velocity, use of auxil iary fuel and any other relevant

parameters 

that will be varied to affect

the destruction and

removal efficiency of the incinerator;

99—444

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

6) A description of, and planned operating conditions for, any

emission control equipment which will be used;

7)  Procedures for rapidly stopping waste feed, shutting down the

incinerator and controlling emissions in the event of an

equi pment mal function;

Such other information as the Agency reasonably finds necessary

to determine whether to

approve the trial burn plan in light of

the purposes of this paragraph and the criteria in —paragraph—

subsection (e). Such information must be requested by the

Agency pursuant to 35 111. Adm. Code 705.123;

The Agency, in reviewing the trial burn plan, shall evaluate the

sufficiency of the

information provided and —may—shall require the

applicant, pursuant to 35 1.11. Adm. Code 705.123, to supplement this

information, if necessary, to

achieve the purposes of this paragraph;

Based on the waste analysis data in the trial burn plan, the Agency

—will—shall specify as trial Principal Organic Hazardous Constituents

(POHCs), those constituents for which

destruction and removal

efficiencies must be calculated during the trial burn. These trial

POHCs -will—must be

specified by the Agency based on its estimate of

the difficulty of incineration of the constituents identified in the

waste analysis, their concentration or mass in the waste feed, and,

for wastes listed in 35 Ill. Adm. Code 721-i —.Subpart D, the

hazardous waste organic constituent of constituents identified in 35

Ill. Adm. Code 721.Appendix G or H -of that I~art—as the basis for

listing;

The Agency shall approve a trial burn plan if

it finds that:

The trial burn is likely to determine whether the incinerator

performance standard required by 35 Ill. Admn. Code 724.443 can

be met;

The trial burn itself will not present an imminent hazard to

human health or the environment;

The trial burn will help the Agency to determine operating

requirements to be specified under 35 Ill. Adm. Code 724.445;

and

The information sought in —paragraph—subsection (e)(1) and

(e)(3) cannot reasonably be developed through other means;

During each approved trial burn (or as soon after the burn as is

99—445

ILLINOIS REGISTER

POLLUTiON CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

practicable),

the applicant —must—shall make the following

determinations:

A quantitative analysis of the trial POHCs, in the waste feed

to the incinerator;

A quantitative analysis of the exhaust gas for the concentration

and mass emissions of the trial POHC’s, molecular oxygen and

hydrogen chloride (HC1);

A quantitative analysis of the scrubber water (if any), ash

residues and other residues, for the purpose of estimating the

fate of the trial POHCs;

4)  A computation of destruction and removal efficiency (DRE), in

accordance with the DRE formula specified in 35 111. Adm. Code

724.443(a);

If the HC1 (hydrogen chloride) emission rate exceeds 1.8

kilograms of HC1 per hour (4 pounds per hour), a computation of

HC1 removal efficiency in accordance with 

35 Ill. Adm. Code

724.443(b);

6) A computation

of particulate emissions, in accordance with 35

Ill. Adm. Code 724.443(c);

An identification of sources of fugitive emissions and their

means of control;

A measurement of average, maximum and minimum temperatures and

combustion gas velocity;

9)  A continuous measurement 

of carbon monoxide (CO) in the

exhaust

gas;

10)

Such other information as the Agency —may spee~fy—~p~cifiesas

necessary to ensure that the trial burn will determine

compliance with the performance standards in 35 Ill. Adm. Code

724.443 and to establish the operating conditions required by 35

Ill. 

Adm. Code

724.445 as necessary 

to meet that performance

standard.

The applicant —must—shall submit to the Agency a certification that

the trial 

burn

has been carried out in accordance with the approved

trial burn plan, and —must—shall submit the results of all the

determinations required in —paragraph—subsection (f). This

submission -shall—must be made within 90 days of completion of the

trial burn, or later if approved by the Agency;

99—44 6

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTiCE OF PROPOSED AMENDMENTS

h)  All data collected during any trial burn must be submitted to the

Agency following the completion of the trial burn;

All submissions required by this paragraph must

be certified on

behalf of the appl i cant by the signature of a person authorized to

sign a permit application or a report under 35 Ill. Adm.

Code

702. 126;

Based on the results of the trial burn, the Agency shall set the

operating requirements in the final permit according to 35 Ill. Adm.

Code 724.445. The permit modification -shall-must proceed as a minor

modification according to —3~I-ll~

AdRr 

Gode ~@2r187Section 703.280.

—~(Beard ~4ete~ See 49 G~F~I22r27~b4~4r~—B0ARDNOTE: Derived from 40

CFR 270.62(a) (1988), as amended at 53 Fed. Reg. 37934, September 28,

1988.

(Source: Amended at 13 Ill. Reg.

, effective

Section 703.230 Land Treatment Demonstration

For the purpose of allowing an owner or operator to meet the

treatment demonstration requirements of 

35 Ill. Adm. Code 724.372,

the Agency —may-shall issue a treatment demonstration permit. The

permit must contain only those requirements necessary to meet the

standards in 35 Ill. Adm. Code 724.372(c). The permit —may—must be

issued either as

a treatment or disposal permit covering only the

field test or laboratory analyses, or as a two phase facility permit

covering the field tests, or laboratory analyses and design,

construction, operation and maintenance of the land treatment unit—t—

The Agency —may—shall issue a two—phase facility permit if it

finds that, based on information submitted in Part B of the

application, substantial, although incomplete or inconclusive,

information already exists upon which to base the issuance of a

facility permit;

If the Agency finds that not enough information exists upon

which it can establish permit conditions to attempt to provide

for compliance with all of the requirements of 35 Ill. Adm. Code

724—s —.Subpart M, it

—must—shall 

issue a treatment

demonstration permit covering only the field test or laboratory

analyses;

b)  If the Agency finds that a phased permit —may—is to be issued, it

—will—shall establish, as requirements in the first phase of the

99—44 7

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

facility permit, conditions for conducting the field tests or

laboratory analyses. These permit conditions —w441—must include

design and operating parameters (including the duration of the tests

or analyses and, in the case of field tests, the horizontal and

vertical dimensions of the treatment zone), monitoring procedures,

post demonstration cleanup

activities and 

any other conditions which

the Agency finds —may be —necessary under 35 Ill. Adm. Code

724.372(c). The Agency -w~ll—shall include conditions in the second

phase of the facility permit to attempt to meet all 35 Ill. Adrn. Code

724; —.Subpart 

M requirements pertaining to unit design,

construction, operation and maintenance. The Agency —w4-ll-shall

establish these conditions in the second phase of the permit based

upon the substantial but incomplete or inconclusive information

contained in the Part B application:

The first phase of the permit —w~i-llbe—becomes effective as

provided in 35 111. Adm. Code 705.201(d);

The second phase of the permit -wi-l-l be-becomes effective as

provided in —paragraph—subsection (d);

When the owner or operator who has been issued a two—phase permit has

completed the treatment demonstration, it -must—shall submit to the

Agency a certification,

signed by a person authorized to sign a

permit application or report under 35 Ill. Adm. Code 702.126, that

the field tests or laboratory analyses have been carried out in

accordance with the conditions specified in phase one of the permit

for conducting such tests or analyses. The owner or operator —must—

shall also submit all data collected during the field tests or

laboratory analyses within 90 days of completion of those tests or

analyses unless the Agency approves a later date;

d) If the Agency

determines that the results of 

the field tests or

laboratory analyses meet the requirements of 35 Ill. Adm. Code

724.372, it —will—shall modify the second phase of the permit to

incorporate any requirements necessary for operation of the facility

in compliance with 35 Ill. Adrn. Code 724—i —.Subpart M, based upon

the results of the field tests or laboratory analyses.

This permit modification may proceed as a minor modification

under -3S lI-I.r Adm~Gode ~

prev4ded any such ehaHge

*5

m4nor~ or otherw*se w*ll proceed as a mod*f*eat4en under 3S I41~

AdFHr 

Ge~e~92rl-84~b4~—Section703.280, or otherwise must proceed

as a modification under Section 703.271(b). If such

modifications are necessary, the second phase of the permit

becomes effective only after those modifications have been made.

2)

If

no modifications of the second phase of the permit are

99—448

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

necessary, or if only minor modifications are necessary and have

been made, the Agency —wi-li-—shall give notice of its final

decision to the permit applicant and

to each person who

submitted written comniients on the phased permit or who requested

notice of final decision on the second phase of the permit. The

second phase of the permit then —wi-Il —becomes effective as

specified in 35 Ill. Adm. Code 705.201(d)—t—.

~ mod*f*eat4one under 3~I-llr

Adm~Gede 7~92r~84~b4are

Reeessaryv the seeoAd phase of the perm4t wi-I-I become effeeti-ve

only after- those med*f*eat*ons have been mader—

-~eard ~4ote~ See 49

GFR I-22r2~?-~,-~—B0ARDNOTE: 

Derived from

40 CFR 270.63 (1988), as amended at 53Ted. Reg. 37934,

September 28, 1988.

(Source: Amended at 13 Ill. Reg.

, effective

)

SUBPART F:

PERMIT CONDITIONS

Section 703.247

Anticipated Noncompliance

In addition to 

35 Ill. Adm. Code 702.152(b), for a new facility, the perniittee

shall not treat, store or dispose of hazardous waste; and for a facility being

modified, the permittee shall not treat, store or dispose of hazardous waste

in the modified portion of the facility, except as 

provided in Section

703.280, until:

The permittee has submitted to the Agency by certified mail or hand

delivery a letter signed by the permittee and a

registered

professional engineer stating that the facility has been constructed

or modified in compliance with the permit; and

Either:

jJ The Agency has

inspected the modified or newly constructed

facility and finds it is in compliance with the conditions of

the permit; or

Within 15 days after the date of submission of the letter in

subsection (a), the permittee has not received notice from the

Agency of its intent to inspect, the permittee may comtiience

treatment, storage or disposal of hazardous waste.

BOARD NOTE:

Derived from 40 CFR 270.3O(l)(2) (1988), as amended

at 53 Fed. Reg. 37934, September 28, 1988.

Source: Added at 13 Ill. Reg.    

effective

99—449

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

SUBPART G:

CHANGES TO PERMITS

Section 703.260

Transfer

A permit may be transferred by the permittee to a new owner or

operator only if 

the permit has been modified or reissued (under

subsection (b) or Section 703.272) to identify the new permittee and

incorporate such other requirements as are necessary under the

appropriate Act. The new owner or operator to whom the permit is

transferred shall comply with all the terms and conditions specified

in such permit.

Changes in the ownership or operational control of a facility must be

made as a Class 1 modification with the prior written approval of the

Agency

-in accordance with Section 703.281. 

The new owner or operator

shall submit a revised permit application no later than 90 days prior

to the scheduled change. A written agreement containing a specific

date for transfer of permit responsibility between the current and

new permittees must also be submitted to the Agency. When a transfer

of ownership or operational control occurs, the old owner or operator

shall comply with the requirements of 35 Ill. Adm. Code 724.Subpart H

~jnancial

Requirements), until the new owner or operator has

demonstrated compliance with that Subpart. The

new

owner or operator

shall demonstrate compliance with that Subpart within six months

after 

the date of change of operational control of the

facility.

Upon demonstration to the Agency by the new owner or operator of

compliance with that Subpart,

the Agency shall 

notify the old owner

or operator that the old owner or operator no longer needs to comply

with that Subpart as of the date of demonstration.

BOARD NOTE:

Derived from 40 CFR 270.40, as amended at 53 Fed. Reg.

37934, September 28, 1988.

BOARD NOTE: The new operator may be required to employ a chief

operator who is certified pursuant to 35 Ill. Adm. Code 745.

(Source: Added at 13 Ill. Reg.

effective

Section 703.270

Modification

When the Agency receives any information (for example, inspects the facility,

receives information submitted by the permittee as required in the permit (See

35 111. Adn. Code 702.140 through 702.152 and Section 703.241 et seq.),

receives a request for reissuance under 35 Ill. Adm. Code 705. 128 or 

conducts

a review of the permit file) it may determine whether or not one or more of

the causes, listed in Sections 703.271 or 703.272, for modification,

reissuance or both, exist. If cause exists, the Agency shall modify or

99—450

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

reissue the permit accordingly, subject to the limitations of Section 703.273,

and may request an updated application 

if necessary. When a permit is

modified, only the conditions subject to modification are reopened. If a

permit is reissued, the entire permit is reopened and subject to revision and

the permit is reissued for a new term. (See 35 Ill. Adm. Code

705.128(c)(2)) If cause does not exist under Section 703.271 or 703.272, the

Agency shall not modify or reissue the permit, except on the request of the

permittee. If a permit modification is requested by the permittee, the Agency

shall approve or deny the request according to the procedures of Section

703.280 et seq. Otherwise, a draft permit must be prepared and other

procedures in 35 Ill. Adm. Code 705 followed.

BOARD NOTE:

Derived from the preamble to 40 CFR 270.41, as amended at 53 Fed.

Reg. 37934, September 28, 1988.

(Source: Added at 13 Ill. Reg.   

effective

Section 703.271

Causes for Modification

The following are cause for modification, but not reissuance, of permits; the

following are cause for reissuance as well as modification when the permitee

requests or agrees:

Alterations. There are material and substantial alterations or

additions to the permitted facility or activity which occurred after

permit issuance which justify the application of permit conditions

that are different or absent in the existing permit.

Information. The Agency has received information. Permits will be

modified during their terms for this cause only if the information

was not available at the time of permit issuance (other than revised

regulations, guidance or test methods) and would have justified the

application of different permit conditions at the time of

issuance.

~ew statutory requirements or regulations.

The

standards or

regulations on which the permit was based have been changed by

statute, through

promulgation of 

new or amended standards or

regulations or by judicial decision after the permit was issued.

Compliance schedules. The Agency determines good cause exists for

modification of a compliance schedule, such as an act of God, strike,

flood or materials shortage or other events over which the permittee

has little or no control and for which there is no reasonably

available remedy.

~ The Agency shall also modify a permit:

1) When modification of a closure plan is required under 35 Ill.

99—451

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE O~PROPOSED AMENDMENTS

Adm. 

Code 724.212(b) or 35 Ill. Adm. Code 724.218(b).

After the Agency receives the notification of expected closure

under 35 111. Adm. Code 724.213, when the Agency determines

that

extension of the 90 or 180 day periods under 35 Ill. Adm. Code

724.213, modification of the 30-year post—closure period under

35111. Adm. Code 724.217(a), continuation of security

requirements under

35

Ill. Adm. Code 724.217(b), or permission

to disturb the inte9rity of the containment system under 35 Ill.

Adm. Code 724.217(c) are unwarranted.

3) ‘vJhen

the permittec has filed a request under 35 ill. Mm. Code

724.247(c) for a modification to the

level 

of financial

responsibility or when the Agency demonstrates under 35 111.

Adm. Co~de 724.247(d) that an upward ad~iistmentof the level of

financial responsibility is required.

When the corrective action program specified in the permit under

35 111. Adm. Code 724.200 has not brought the regulated unit

into compliance with the groundwater protection standard within

a

reasonable period of time.

To include a detection monitoring program meeting the

re~irements of 35 ill. Adm. Code 724.198, when the owner or

operator has been conducting a compi iance moni taring program

under 35 Ill. Adni. Code 724.199 or a corrective action program

under 35 Ill. Adm. Code 724.200 and the compliance period ends

before the end of the post-closure care period for the unit.

When a permit requires a compliance monitoring program under 35

Ill. Adm. Code 724.199, but monitoring data collected prior to

permit issuance indicate that the facility is exce~~Thgthe

groundwater protection standard.

To include conditions applicable to units at a facflity that

were not previously included in the facility’s permit.

When a land treatment unit is not achieving complete treatment

of hazardous constituents under its current permit conditions.

f) Notwithstanding any other

provision of this Section, when a permit

a land disposal facility is reviewed under 35 Ill. Adm. Code

702.161(d), the Agegj~~allmodify the permit as necessary to assure

that tne facility continues t~comply with the currently applicable

requirementsinthis Part and 35 Ill. Adm. Code 702 and 720 through

726.

BOARD NOTE:

Derived from 40 

CFR 270.41(a), as amended at 53 Fed.

99—452

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Reg. 37934, September 28, 1988.

(Source: Added at 13 111. Reg.   

effective         

)

Section 703.272  Causes for Modification or Reissuance

The following are causes to modify or, alternatively, reissue a permit: The

Agency has received notification (as required in the permit, see 35 Ill. Mm.

Code 702.152(c)) of aproposed transfer of the permit.

BOARD NOTE:

Derived from 40 CFR 270.41(b), as amended at

53

Fed. Re9.

37934,

September 28, 1988.

(Source: Added at 13 Ill. Reg.   

, effective

Section 703.273

Facility Siting

Suitability of the facility location will not be considered at the time of

permit modification or reissuance unless 

new information or standards indicate

that a threat to human health or the environment exists which was unknown at

the time of permit issuance or unless required under the Environmental

Protection Act. However, certain modifications require site location

suitability approval pursuant to Section 39.2 of the Environmental Protection

Act.

BOARD NOTE:

Derived from 

40 CFR 270.41(c), as amended at 53 Fed. Reg. 37934,

September 28, 1988.

(Source: Added at 13 Ill. Reg.

, effective

Section 703.280

Permit Modification at the Request of the Permittee

~j Class

1 modifications. See Section 703.281.

Class 2 modifications. See Section 703.28?.

ç~j Class 3 modifications.

See Section 703.283.

~J Other modifications.

In the case of modifications not explicitly listed in Appendix

A, the permittee may submit a Class 3 modification request to

the Agency, or thep~mittee may request a determination by the

Agency that the modification be reviewed and approved as a Class

1 or Class 2 modification. If the permittee requests that the

modification be classified as a Class 1 or 2 modification, the

permittee shall provide the Agency with the necessary

information to support the requested classification.

99— 453

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

The A9ency shall make the determination described in subsection

(d)(1) 

as promptly as practicable. In determining the

~~propriate class for a specific modification,

the

Agency shall

consider the similarity of the modification to other

modifications codified in Appendix A arid the following criteria:

A) Class 1 modifications appiy to minor changes that 

keep the

permit current with routine changes to the facility or its

operation. These changes 

do not substantially alter the

permit conditions or reduce the capacity of the facility to

protect human health or the environment.

In the 

case of

Class 1 modifications, the Agency may require prior

approval.

Class 2 modifications apply to changes that are necessary

to enable a permittee to respond, in a timely manner, to

jJ Common variations in the types and quantities of the

of the wastes managed under the facility permit,

ii)

Technological advances, and

iii) Changes necessary to comply with new regulations,

where these changes can be implemented without

substantially changing design specifications or

management practices in the permit.

j) Class 3 modifications substantially alter the facility or

its operation.

Temporary authorizations.

~J Upon request of the permittee, the Agency shall, without prior

public notice and comment, grant the permittee a temporary

authorization in accordance with this subsection. Temporary

authorizations have a term of not more than 180 days.

~j Procedures.

,~J The perniittee may request a temporary authorization for:

Any Class 2 modification meeting the criteria in

subsection (e)(3)(B), and

LLL

Any Class 3 modification 

that meets the criteria in

subsection (e 3)(B) i); or tiat meets the criteria in

subsection (e 3)(B) iii) through (e)(3)(B)(v) and

9 9—4 54

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

provides improved management or treatment of a

hazardous waste already listed in the facility permit.

B) The temporary authorization request must include:

A description of the activities to be conducted under

the temporary authorization

ii) An explanation of why the temporary authorization is

necessary; and

iii) Sufficient information to

ensure compliance with 35

Ill. Adm. Code 724 standards.

The permittee shall send a notice about the temporary

authorization request to all persons on the facility

mailing list maintained by the Agency and to appropriate

units of State and local ~overnmentsas specified in 35

Ill. Adm. Code 7O5.163(a)c~5). This notification must be

made within seven days after submission of the

authorization request.

3)  The Agency shall approve or deny the temporary authorization as

quickly as practical. To issue a temporary authorization, the

Agency shall find:

~J The authorized activities are in compliance with the

standards of 35 Ill. Adm. Code 724.

~J The temporary authorization is necessary to achieve one of

the following objectives before action is likely to be

taken on a modification request:

To facilitate timely implementation of closure or

corrective action activities

ii) To allow treatment or storage in tanks or containers

of restricted wastes in accordance with 35 Ill. Adm.

Code 728;

iii) To prevent disruption of 

ongoing waste management

activities

j~J To enable the permittee to respond to sudden changes

in the types or quantities of

the

wastes managed under

the facility permit; or

To facilitate other changes to protect human health

99—4 55

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

and the environment.

A temporary authorization shall be reissued for one additional

term of up to 180 days provided that the permittee has requested

a Class 2 or 3 permit modification for the activity covered in

tne temporary authorization, and:

The reissued temporary authorization constitutes the

Agency’s decision on a Class 2 permit modification in

accordance with Section 703.282(fl(1)(D) or (f)(2)(D), or

The Agency determines that the reissued temporary

authorization involving a Class 3 permit modification

request is warranted to allow the authorized activities to

continue while the modification procedures of 35 111. Adm.

Code 703.283 are conducted.

Public notice and appeals of permit modification decisions.

The Agency shall notify persons on the facility mailing list and

~ppropriate units of State and local government within 10 days

of any decision to grant or deny a Class 2 or 3 permit

modification request. The Agency shall also notify such persons

within 10 days after an automatic authorization for a Class 2

modification goes into effect under Section 703.282(f)(3) or

kf)(5).

~j The Agency’s decision to grant or deny a Class 2 or 3 permit

modification request may be appealed under the permit appeal

procedures of 35 Ill. Adm. Code 705.212.

An automatic authorization that goes into effect under Section

703.282(f)(3) or (f)(5) may be appealed under the permit appeal

procedures of 35 Ill. Adm. Code 705.212; however, the permittee

may continue to conduct t~~i~Livitiespursuant to the automatic

authorization until the Board enters a final order on the

appeal, notwithstanding the provisions of 35 Ill. J\dm. Code

705.204.

~j Newly listed or identified wastes.

The permittee is authorized to continue to manage wastes listed

or identified as hazardous under 35 Ill. Adm. Code 721 if the

peru ttee:

Was in existence as a hazardous waste facility with respect

to the newly listed or characterized waste on the effective

date of the final rule listing

or identifying the waste

99—456

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

~J_ Submits a Class 1 modification request on or before the

date on which the waste becomes subject to the

new

requ i rements

çj

Is in compliance with the standards of 35 111.

Admn. 

Code

724

p~ In the case of Classes 2 and 3 modifications, also submits

a complete permit modification request within 180 days

after the effective date of the rule listing or identifying

the waste; and

~J in the case of land disposal uni ts, certi fi es that such

unit is in compliance with all applicable

35

Ill. Adm. Code

724 groundwater monitoring 

and financial responsibility

requirements on the date 12 months after the effective date

of the rule identifying or listing the 

waste as

hazardous. If the owner or operator fails to clarify

compliance with these requireth~nts, the owner or operator

loses authority to operate under this Section.

New

wastes 

or units added to a facility’s permit under this

subsection do not constitute expansions for the purpose of the

25 percent _capacity expansion limit for Class 2 modifications.

~j Permit modification list. The Agency shall 

maintain a list of all

approved permit modifications and shall publish a notice once a year

in a State—wide newspaper that an updated list is available for

review.

BOARD NOTE:

Derived from 40 CFR 270.42(d) through (h), as amended at

53 Fed. Rey. 37934, September 28, 1988.

(Source: Added at 13 ill. Rey.

, effective

)

Section 703.281

Class 1 Modifications

Except as provided in subsection (a)(2), the permittee may put into

effect Class 1 modifications listed in Appendix A under the following

conditions:

T~~rmittee shall notify the Agency concerning the

modification by certified mail or other means that establish

proof of delivery within 7 calendar days after the change is put

into effect. This notice must specify the changes being made to

permit conditions or supporting documents referenced by the

permit and must explain why they

are necessary. Along with the

99—4 57

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

notice, the permittee shall provide the applicable

information

required by Section 703.181 through 703.185, 703.201 through

703.207, 703.221 through 703.225 and 703.230.

The permittee shall

send 

a notice of the modification to all

persons on the facility mailing list, maintained by the Agency

in accordance with 35 Ill. Adm. Code 7O5~163(a)(4), and the

appropriate units of State and local government, as specified in

35 Ill. Adm. Code 705.163(a)(5). This notification must be made

within 90 calendar days after the change is put into effect.

For the Class 1 modifications that require prior Agency

!2~l±~he notification must be made within 90 calendar days

after the Agency approves the request.

Any person may request the Agency to review, and the Agency

shall for cause reject, any Class 1 modification. The Agency

shall inform the permittee by certified mail that a Class 1

modification has been rejected, explaining the reasons for the

rejection. If a Class 1 modification has been rejected, the

permittee shall comply with the original permit conditions.

Class I permit modifications identified in Appendix A by an asterisk

shall be made only with the prior written approval of the Agency.

For a

Class 

1 permit modification, the permittee may elect to follow

the procedures in Section 703.282 for Class

2 modifications instead

5f the Class I procedures. The permittee shall inform the A9ency of

this decision in the notice required in Section 7O3.282(b)(1).

BOARD NOTE:

Derived from 40 CFR 270.42(a), as amended at 53 Fed.

37934, September 28, 1988.

(Source: Added at 13 Ill. Reg.

effective

Section 703.282

Class 2 Modifications

For Class 2 modifications, listed in Appendix A, the permittee shall

submit a modification req~st to the Agency which:

Describes the exact change to be made to the permit conditions

and supporting documents referenced by the permit

2) Identifies that the

modification is a Class 2 modification

3)  Explains why the modification is needed; and

j)  Provides the applicable information required by Section 703.181

through 703.185, 703.201 through 703.207, 703.221 through

99—4 58

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AtIENDMENTS

703.225 and 703.230.

b)

The permittee

shall send a notice of the modification request to all

persons on

the

facility mailing list maintained by the

Agency and to

the appropriate units of State and local government as specified

in

35 Ill.

Adm. Code 7O5.163(a)(5) and shall publish this notice in a

newspaper of general circulation in the County in which the facility

is located. This notice must be mailed and published within 7 days

before or after the date of submission of the modification request,

and the permittee shall provide to the Agency evidence of the mailing

and publication. Tne notice must include:

1)  Announcement of a 60—day comment period, in accordance with

subsection (e), and the name and address of an Agency contact to

whom comments must be sent

2) Announcement of the date, time and place for a public meeting

held in 

accordance with subsection (d~

Name and telephone number of the permittee’s contact person

4) Name 

and

telephone number of an Agency contact person

5)  Locations where copies of the modification request and any

supporting documents can be 

viewed

and copied; and

6) The following statement; “The permittee’s compliance history

during the life of the permit being modified is available from

the Agency contact person.”

The permittee shall place a copy of the permit modification request

and supporting documents in a location accessible to the public in

the vicinity of the permitted facility.

d) The permittee shall hold a public meeting no earlier than 15 days

after the publication of the notice required in subsection (b) and no

later

than 15 days before the close of the 60-day comment period.

The meeting must be held to the extent practicable in the County in

which the permitted facility is located.

~ The public must be provided 60 days to comment on the modification

request.

The co~~n~2eriodbegins on the date the permittee

publishes the notice in the local newspaper. Comments must be

submitted to the Agency contact identified in 

the public notice.

Agency decision.

No later than 90 days after receipt of the notification request,

99—4 59

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

the Agency shall:

~J ~pprove the modification request, with or without changes,

and modify ~he permit accordingly

~J ~ythe

request

C) Determine that the modification request must follow the

procedures

in Section 703.283 for Class 3 modifications for

the following reason:

There is significant public concern about 

the

proposed

modification; or

JjJ

The complex nature of 

the

change requires the more

extensive procedures of Class 3.

D) Approve the request, with or without changes, as a

temporary authorization having a term of up to 180 days

or

Notify the permittee that the Agency will decide on the

request within the next 30 days.

If the Agency notifies the permittee of a 30-day

extension for a

decision, the Agency shall, no later than 120 days after receipt

of the modification request:

A) Approve the modification request, with or without changes,

and modify the permit accordingly;

Deny the request

~çj

Determine that the modification request must follow the

p~qçedures in Section 703.283 for Class 3 modifications for

the following reason:

There is significant public concern about the proposed

modification; or

jjj The complex nature of

the

change requires the more

extensive procedures of Class 3.

p~ Approve the request, with or without changes, as a

temporary authorization having a term of up to 180 days.

3)  If the Agency fails to make one of the decisions specified in

subsection (f)(2) by 

the 120th

day after receipt of the

99—460

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

modification

request, the permittee is automatically authorized

to conduct the activities described in the modification request

for up to 180 days, without formal Agency action. The

authorized activities must be conducted

as described in the

permit modification request and must be in compliance with all

appropriate standards of 35 Ill. Adm. Code 724. If the Agency

approves, with or without changes, or denies the modification

request during the term of the tempprary or automatic

authorization provided for in subsections (f)(1), (2) or (3),

such action cancels the temporary or automatic authorization.

Notification by permittee.

A) In

the case of an automatic authorization under subsection

or a temporary authorization under subsection

T~T~1)(D)or (f)(2)(D), if the Agency has not made a final

approval o~~enialof the modification request by the date

50 days prior to the end of the temporary or automatic

authorization, the permittee shall, within seven days after

that time, send a notification to persons on the facility

mailing list, and make a reasonable effort to notify other

persons who submitted written comments on the

modification

request, that:

The permittee has been authorized temporarily to

conduct the activities described in the permit

modification request, and

ii) Unless the Agency acts to give final approval or

denial of the request by

the

end of the authorization

period, the permittee will receive

authorization to

conduct such

activities 

for the life of the permit.

If

the owner or operator fails to notify the public by the

date specified in subsection (f)(4)(A~), the effective date

of the permanent authorization will be deferred until 50

g~~r the owner or operator notifies the public.

Except as provided in subsection (f)(7), if the Agency does not

finally approve or deny a modification request before the end_of

the automatic or temporary author~zation period or rec1assi~

the modification as a Class 3 modification, the permittee is

authorized to conduct the activities described in the permit

modification request for the life of the permit unless modified

later under Section 703.270

or Section 

703.280. The activities

authorized under this subsection must be conducted as described

in the permit modification request

and

must be in compliance

with all appropriate standards of 35 111. Adm. Code 724.

99—461

ILLINOIS REGiSTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

~J_ In makin~adecision to approve

or deny a modification request,

including a

decision 

to issue a temporary authorization or to

reclassify a modification as a Class 3, the Agency shall

cons~derall written comments submitted to the Agency during

the

~j~c comnmen~~periodand shall respond in writiny to all

significant comments in the Agency’s decision7

fl~

With the written consent of the permittee, the~9encymay extend

indefinitely or for ~~pecified

period the time periods for

final

app

lordenialof a modification request or for

reclassifying a modification as a Class 3.

~i TheA

sha

or cj~~ethe terms of a Class 2 permit

modification req~uest under subsection (f)(1) through 

(f)(3) for the

following reasons:

1) The

modification 

request is incomplete

2)  The 

requested modification does

not comply with the appropriate

L~uirements_of 35

Ill. 

Adm. Code 724 or other applicable

~~g~re~pents; or

3) The conditions of the modification fail to

protect human health

and the enviranraent.

The permittee may perform any construction associated with a Class 2

permit modification request beginning 60 days after the submission of

the request unless the 

Agency establishes a later date for commencing

construction ~

BOARD NOTE:

Derived from 40 CFR 270.42(b), as amended at 53 Fed.

Re9. 37934, September28, 1938.

(Source: Added at 13 111. Reg.

, effective

)

Section 703.283

Class 3 Modifications

For Class 3 modifications, listed in Appendix A, the permittee shall

submit a modification request to the Agency which:

Describes the exact c~

obemade to the permit conditions

and supporting documents referej

b the permit

Identifies that the modification is a Class 2 modification

Explains why the modification is needed; and

99—462

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

~ Provides the applicable information required by Section 703.181

through 703.185, 703.201 

through 703.207, 703.221 through

703.225 and 703.230.

.P1

The permittee shall send a notice of the modification request to all

persons on the facility mailing list maintained by the Agency and to

the appropriate units of State and local government as specified in

35 Ill. 

Adm. Code 7O5.163(a)(5) and shall publish this notice in a

newspaper of general circulation in the County in which 

the

facility

is located. This notice must be mailed and published within 7 days

before or after the date of submission of the modification request,

and the permittee shall provide to the Agency evidence of the mailing

and publication. The notice must include:

Announcement of a 60-day comment period, in accordance with

subsection (e), and the name arid address of an 

Age~çy~contactto

whom comments must be sent

~J_

Announcement of the date, time and place for a public meeting

held in accordance with subsection (d)

3)  Name and telephone number of the permittee’s contact person

Name and telephone number of an Agency contact person

~J_

Locations where copies of the modification request and any

supporting documents can be viewed and copied; and

The following satome~~heperrnittee’sco~pjiancehis~y

d~iiiithe

Agency

trI.~ 

lifecontactof

person.~~nc

~

ç~j The permittee shall place a copy of the permit modification request

and supporting documents in a location accessible to the public in

the vicinity of the permitted facility.

~J The permittee shall hold a public meeting no earlier than 15 days

after

the publication of the notice required in subsection (b) and no

later than 15 days before the close of the 60-day comment period.

The meeting must be held to the extent practicable in the vicinity of

the permitted facility.

The publ Ic shall be

_provided 

60 d_~ys to comment on

the

mod i~ication

request. The comment period will begin on the date the permittee

pyblishes the notice in the local newspaper. Comments must be

submitted to the 

Agency

contact identified in the public notice.

fl After the conclusion of

the 60-day comment period, the Agency shall

99—463

_______________

________

ILLINOIS REGISTER _______

___________________

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

grant or deny

the permit modification request according to the permit

modification procedures of 35 Ill. Adn. Code 705. In addition, the

ç~ncyshall consider and

respond 

to all si gniTfcant

written 

comments

received during the 60-day comment

period.

BOARD 

NOTE: Derived from 40 CFR 270.42(c), asanended at 53 Fed.

Re~_. 37934, September28, 1988.

(Source: Added at 13 Ill. Reg.

, effective

Section 703.App ixA ClassificationofPennittlodifications

Class  Modifications

General Permit Provisions

1

1.  Administrative and informational changes.

1

2.  Correction of typographical errors.

1

3.  Equipment replacement or upgrading with functionally equivalent

components (e.g., pipes, 

valves, pumps, conveyors, controls).

in the frequency of or procedures

for monitoring,

reporting, sampling or maintenance activities

by the permittee:

a. To provide for more frequent

mo~L~_i-in, reporting or

mnai ntenance.

2

b.  Other’ cha~~_

Schedule of cp~~pliance:

Changes in interim compliarmceda___~j~_p~iorapproval of

the Agency.

3

b.

Extension of final co~npliancedate.

Changes in 

expiration date of permit to allow earlier permit

termination, with prior approval of the Agency.

Changes in ownership or operational control of a facility,

provided 

the__p

cedures of Section 703.260(b) are followed.

General ~jfly__~tandards

Changes to waste sampling or analysis methods:

99—464

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

1

To conform with Agency guidance or Board regulations.

2

b.  Other changes.

Changes to analytical quality assurance/control plan:

To conform with agency guidance or regulations.

Other changes.

3. Changes in

procedures for maintaining the operating record.

2

4.  Changes in frequency or content of inspection schedules.

Changes in the training plan:

2

That affect the type or decrease the amount of training

given to employees.

1

b.

Other changes.

Contingency plan:

Changes in emergency procedures (i.e., spill or release

response procedures).

Replacement with functionally equivalent equipment, upgrade

or relocate emergenc~yequipmentlisted.

2

c.

Ronoval 

of equ~j~x: Oh1C~1CC

~i~nt

list.

1

d.  Changes in name, address or phone number of coordinators or

other perso~hs or agencies identified in the plan.

Note: When a permit modification (such as introduction of

a new unit) requires a change in facility plans or other

general facility standards, that change must be reviewed

under the same

procedures as the permit modification.

Groundwater Protection

1.  Chan9esto wells:

2

Changq~in the number, location, depth or design of

upgradient or downgradient wells of permitted groundwater

monitoring system.

Replacement of an existing well that has been damaged or

99—465

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTiCE OF PROPOSED AMENDMENTS

rendered inoperable, without change to location, design or

depth of the well.

Changes inj~oundwater sampling or analysis procedures or

monitoring schedule, with prior

approval of the Agency.

Changes in statistical procedure for determining whether a

statistically significant change

in groundwater quality between

upgradient and downgradient wells has occurred, with prior

approval of the Agency.

Changes in point of compliance.

5.  Changes in indicator parameters, hazardous constituents or

concentration limits (including ACLs (Alternate Concentration

j~its~~

As specified in the groundwater protection standard.

As specified in the detection monitoring program.

6. Changes to

a detection monitoring program as required by 35 

Ill.

Adni. Code 724.198(j), unless otherwise

specified 

in this

Appendix.

Compliance monitorfflg_p_rogram:

a. Addition of

compliance monitoring program as required by 35

Ill. Adm. Code 724.198(h)(4) and 724.199.

b. Changes to a compliance monitoring

program as required by

35 Ill. Admu. Code 724.199(kJT unless otherwise specified in

this Appendix.

Corrective action program:

Addition of a corrective action program as required by 35

Ill. Adm. Code 724.199(i)(2) and 724.200.

Changes to

a corrective action ro 

ram as re uired b 35

Ill. Adm. Code 724.200 h ,

unless otherwise specified in

this Appendix.

Closure

Changes to the closure plan:

Changes in estimate of maximum extent of operations or

1*

3.

2*

4.

3

2

2

3

2

3

2

1*

99—466

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

maximum inventory of waste on—site at any time during the

active life of the facility, with prior approval of the

~y~ncy.

1*

b.  Changes in the closure schedule for any unit, changes in

the final closure schedule for the facility or extension of

the closure period, with prior approval of the Agency.

Changes in

the expected year 

of final closure, where other

permit conditions are not changed, with prior approval of

~enc.

Changes in procedures for decontamination of facility

equi pment or structures, with prior approval of the Agency.

Changes in approved closure plan resulting from unexpected

events occurring during partial or final closure, unless

otherwise specified in this Appendix.

Creation of a new landfill unit as part of closure.

Addition of the following new units to be used temporarily for

closure activities:

3

a.  Surface impoundments.

3

b.  Incinerators.

3

C. Waste piles

that do not comply 

with 35

Ill. Adn. Code

724.3~O(c).

Waste piles that comply with 35 Ill. Adm. Code 724. 350(c).

Tanks or containers (other than specified below).

Tanks used for neutralization, dewatering, phase separation

or component separation, with prior approval of the Agency.

Post-Closure

1

1.  Changes in .name, address or phone number of contact in post-

JDlafl_

2

2.

Extension of post-closure

cart~_period.

3

3.  Reduction in t~p~~-cl2~urecare period.

1

4.  Changes to the expected year of final closure, where other

99—467

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

permni t conditions are not ch_~ed.

2

5.  Changes in post-closure__pjan necessitated by events occurrjj~

during the active life of the facility, including partial and

final closure.

F.  Containers

Modification

or addition of 

container units:

3

a.  Resulting 

greater than 25 increase in the facility’s

container storage capacity.

2

b.  Resulting in 

up to 25 increase in the

facility’s container

sto~ecapac

i ty~

2.

Modification of a container unit without increasing the

capacity of the unit.

Addition of a roof to a container unit without alteration

of the containment system.

Storage of different wastes in

containers:

a. That require additional or

different management practices

from those authorized in the permit.

That do

not

re~jre_additional or different management

p~ctices from those authorized

in

the permit.

Note: See Section 703.280(g) for modification procedures

to be used for the management of

newly listed 

or identified

wastes.

Other changes in container management practices (e.g., aisle

space; types of containers; segregation).

Tanks

Modification

or addition of 

tank units resulting in greater

than 25

increase in the facility’s tank capacity, except

__pjq~’idedth paragraphs G(1)(c) and 

G(1)(d).

2

b.  Modification or addition of tank units resulting in up to

99—4 68

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

25 increase in the facility’s tank capacity, except as

provided in paragraph G(1)(d).

2

C.

Addition of a new tank that will operate for more than 90

days using any of the following physical or chemical

treatment technologies: neutralization, dewatering, phase

separation or component separation.

After prior approval of the Agency, addition of a new tank

that will operate for up to 90 days using any of the

following physical or chemical treatment technologies:

neutralization, dewatering, phase separation or component

separation.

2

2.

Modification of a tank unit or secondary containment system

without increasing the capacity of the unit.

3.

Replacement of a tank with a tank that meets the same design

standards and has a capacity within +/- 10 of the replaced tank

provided:

a.  The capacity difference is no more than 1500 gallons,

The facility’s permitted tank capacity is not increased and

c.  The replacement tank meets the same conditions in the

2

4.

Mod

i fi cation ofatank management pract i ce.

n~meutofdiFferent wastes in

tanks:

3

a.  That require additional or different management practices,

tank design, different fire protection specifications or

significantly different tank treatment process from that

authorized in the permit.

That do not require additional or different management

practices, tank design, different fire protection

specification or significantly_4ifferent tank treatment

process than authorized in the_permit.

N ot e: See Section 703.

280(9ifor mochficati on procedures

to be used for the management of newl~_j~~1or identified

wastes.

Surface Impoundments

99—469

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Modification or addition of surface impoundment units that

result in in creasing the facility’s surface impoundment storage

or treatment capacity.

~placement

of a surface impoundment unit.

Modification of a surface impoundment unit without increasing

the facility’s surface impoundment storage or treatment capacity

and without modifying the unit’s liner, leak detection system or

leachate collection system.

4.  Modification of a surface impoundment management practice.

5.  Treatment, storage or disposal of different wastes in surface

impoundments:

a.  That require additional or different management practices

or different design of the liner or leak detection system

than authorized in the permit.

b.  That do not require additional or 

different management

practices or different design of the liner or leak

detection system than authorized in the permit.

Note: See

Section 

703.280(g) for modification procedures

to be used for the management of newly listed or identified

wastes.

Enclosed Waste Piles. For all waste piles, except those complying

with 35 Ill. Adm. Code 724.35OLc), modifications are treated the same

as for a landfill.

The following modifications_are applicable only

to waste piles complying with 35 Ill. Adm. Code 724.350(c).

Modification or addition of waste pile units:

Resulting in greater than 25 increase in the facility’s

waste pile storage or treatment capacity.

Resulting in up to 25 increase in the facility’s waste

pile storage or treatment capacity.

Modification of waste pile unit without increasing the capacity

of the unit.

Replacement of a waste pile unit with another waste pile unit of

the same design and capacity and meeting all waste pile

conditions in the permit.

3

1.

3

2.

99—470

ILLIHOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

2

Modification of a waste pile management practice.

5.  Storage or treatment of different wastes in waste piles:

3

a.  That require additional or different management practices

or different design of the unit.

2

b.  That do not require additional or different management

practices or different design of the unit.

Note: See Section 7O3.28O(~_formodification procedures

to be used for the management of newly

listed 

or identified

wastes.

J.  Landfills and Unenclosed Waste Piles

Modification or addition of landfill units that result in

increasing the facility’s disposal capacity.

Replacement of a landfill.

3. Addition or modification of a

liner, leachate collection system,

leachate detection system, run-off control or final cover

5

tern.

4. Modification of

a landfill unit without changing a liner,

leachate collection system,

leachate detection system, 

run—off

control or final cover system.

2

5.  Mod irI 

co t

ioo ofa 

andffllmoin~t~entproct

i c.

Landfill different wastes:

3

a.  That require additional or different management practices,

different design of the liner, leachate collection system

orleachate detection system.

2

b.  That do not require additional or different management

practices, different design of the liner, leachate

collection system or leachate detection system.

Note: 

See_Section_703.~9~g)for_modification p_ocedures

to be used for the management of newly listed or identi 

lied

wastes.

Land Treatment

Lateral expansion of or other modification of a land treatment

99—47 1

_______________________

ILLINOIS_REGiSTER

POLLUTiON CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

unit to increase area extent.

2

Modification_of run-on control ~

Modify run-off control system.

Other modific~_o_~9fland treatment unit component

~p~cifications

or standards required in permit.

Mana_g~entof 

different wastes in land treatmnent units:

3

That

require a 

change in permit operating conditions or

cati ons.

That do not reQuire a change in_permit operating conditions

or unit_~~signspecifications.

Note: See Section 703.280(g) for modification procedures

to be used for the management of

new~ylisted 

or identified

wastes.

Modification 

of a land treatment

unit rnana~enent 

practice to:

Increase rate or chan~emethod of wast~_~plication.

Decrease rate of waste application.

2

Modification of a land treatment unit management practice to

change measures of pN or moisture content

or to enhance

microbial or chemical reactions.

Modification of a land treatment unit management practice to

~row food chain

crops,toaddtoorre~placeexistin~_p~

crp~ps with different food chain crops or

to

modify

perating

~i_iordis~ribution0f

animal feeds resulti~g~_fromsuch

3

9.  Modification of ~peratingpractice due to detection of releases

from the land treatment unit pursuant to 35 111. Adm. Code

74.378.Lg)(2J~

- ______

______________

3

10.

C~~esin the unsaturated zone monitoring system

resuiti_J~

chan~etothe location, dep~j~,nun of~2ij~ ints or

~place unsaturated zone monitoring devices or comppnents of

devices with devices__    

onents that 

have specifications

different froni~permit requirements.

11. Changes

in

the unsaturated zone monitoring system that do not

99—47 2

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

result in a change to the location, depth, number of sampling

points, ot that replace unsaturated zone monitoring devices or

components of devices with devices or components having

specifications different from permit requirements.

12. Changes in background values for hazardous constituents in soil

and soil-pore liquid.

13. Changes in sampling, analysis or statistical procedure.

14. Changes in land treatment demonstration program prior to or

during the demonstration.

1*

15. Changes in any condition specified in the permit for a land

treatment unit to reflect results of the land treatment

demonstration, provided performance standards are met, and the

Agency’s prior approval has been received.

1*

16. Changes to allow a second land treatment demonstration to be

conducted

when the results of the first demonstration have not

shown the conditions under which the wastes can be treated

completely, provided the conditions for the second demonstration

are substantially the same as the conditions for the first

demonstration and have received the prior approval of the

Agency.

3

17. Changes to allow a second land treatment demonstration to be

conducted when the results of the first demonstration have not

shown the conditions under which the wastes can be treated

ict~,wLrehocondiioesforLhosecoid de:ion  ties

are

not substantially the same 

as the conditions for the first

demonstration.

18. Changes in vegetative cover requirements for closure.

Incinerators

Chanj~sto increase by more than 25 any of

the following limits

authorized in the permit: A thermal feed rate limit, a waste

feed rate limit or an or~y~nicchlorine feed rate limit. The

______

a new trial burn to substantiate compliance

with the 

regula~p~y~_p~rformance_standards

UnleSS thi

s

dewesstration

can be 

made through

other means.

2

2.

Changes to increase by up to 25 any of the following limits

authorized in the p~mit: A thermal feed rate limit, a waste

feed limit

or an 

organic chlorine

feed rate limit. The Agency

shall require 

anew

trial burn to substantiate coj~pflancewith

99— 47 3

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

the regulatory performance standards unless this demonstration

can be made through other means.

3

3.  Modification of an incinerator unit by changing the internal

size or geometry of the primary or se~p~~_~oinbustionunits

,

by addJ~j~primary or secondary combustion unit, by

substantially changing the

design of any 

cp~ponentused to

remove HC1 or pam’ticulates from the combustion 9~~_orby

changing other features of the incinerator that could affect its

capabiTity to 

meet the regulatory performance standards. The

Agency shall

require a 

new

trial 

burn to substantiate compliance

with the regulatory performance standards, unless this

demonsf~tion can be made throug~_~i means.

2

4.  Modification of an incinerator unit in a manner that will not

likely affect the 

capabliJty

of

the

unit to meet the reulator

2~formancestandards but which will 

chanae the operating

conditions or monitoring re~uirament

s_pecifiedin 

the permit.

The Agency may require a new trial burn to demonstrate

comnpliance with 

the regulatory performance standards.

Qperating~q~jj~ments:

3

a.  Modification of the_limits ~pecifiedin the permit for

minimum combustion st~p~rature,minimum co;nbustion gas

residence time 

or oxygen concentration

in the secondary

combustion chamber. The_~gencyshall require a new trial

burn to substantiate compliance with the regulatory

~~~ance

standards unless this demonstration can be made

through

other 

means.

Modification of any stack gas emission limits specified in

the

permit, or modification of

ti sin the permit

concerning emergency shutdown or automatic waste feed

cutoff procedures or controls.

c. Modification of any

other operating condition or any

inspection or recordkeeping requirement specified in the

permit.

Incineration of different wastes:

3

a.  if the waste contains a POHC thetis more difficult to

incinerate than authorized byt

permit or if

incineration

of_the waste requi res compl 

jance

with different re~~~

~rformance standards than s_p~Jfied

in the permit, the

Agency shall require a new trial burn to substantiate

compliance with the regulatoj~_p~_rformancestandards,

9 9—474

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

unless this demonstration can be made through other means.

b.  If the waste does not contain a POI4C that is more difficult

to incinerate than authorized by the permit and if

incineration of the waste does not require compliance with

different regulatory performance standards than specified

in the permit.

BOARD NOTE: See Section 703.280(g) for modification

procedures to be used for the management of newly listed or

identified wastes.

Shakedown and trial burn:

2

Modification of the trial burn plan or any of the permit

conditions applicable during the shakedown period for

determining_p~~rationalreadiness after construction, the

trial burn period or the period immediately following the

trial burn.

Authorization of up to an additional 720 hours of waste

incineration during the shakedown period for determining

operational readiness after construction, with the prior

approval of the Agency.

Changes in the operat~flg requirements set in the permit for

conducting a trial burn, provided the cha~Leismainorand

has received the prior approvaiofth_~~~çy~___

Chanqos 

uïi the ranqe.s

of

th~operati~requi rements

sot in

the permit to reflect the results of the triat burn,

provided the change is minor and has received the prior

approval of the Agency.

Substitution of an alternate type of fuel that is not specified

the permit.

BOARD NOTE:

Derived from 40 CFR 270.42, Appendix I, as adopted

at 53 Fed. Reg. 37934, Se~rnber 28, 1988.

(Source: Added at 13 IlL Reg.   

effective

99—47 5

ILLINOIS REGISTER

POLLUTiON CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

TITLE 35: ENVIRONMENTAL PROTECTiON

SUBTITLE G:

WASTE DISPOSAL

CHAPTER I:

POLLUTION CONTROL BOARD

SUBCHAPTER c:

HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 720

HAZARDOUS WASTE MANAGEMENT SYSTEM:

GENERAL

SUBPART A:

GENERAL PROVISIONS

Section

720.101

Purpose, Scope and Applicability

720. 102

Availability of Information; Confidentiality of Information

720.103

Use of Number and Gender

SUBPART B:

DEFINITIONS

Secti on

720.110  Definitions

720.111

References

SUBPART C: RULEMAKING PETITIONS AND OTHER PROCEDURES

Section

720.120

Rulemaking

720.121

Alternative Equivalent Testing Methods

720.122  Waste Delisting

720.130

Procedures for Solid Waste Determinations

720.131

Solid Waste Determinations

720.132  Boiler Determinations

720.133  Procedures for Determinations

720.140  Additional regulation of certain hazardous waste Recycling

Activities on a case—by—case Basis

720.141  Procedures for case-by-case regulation of hazardous waste Recycling

Activities

Appendix A Overview of 40 CFR, Subtitle C Regulations

AUTHORITY: Implementing Section 22.4 and authorized by Section 27 of the

Environmental Protection Act (Ill. Rev. Stat. 1987, ch. 111 1/2, pars. 1022.4

and 1027).

SOURCE:

Adopted in RBI-22, 43 PCB 427, at 5 111. Reg. 9781, effective as

noted in

35 Ill. Adm. Code 700.106; amended and codified in R81-22, 45 PCB

317, at 6 Ill. Reg. 4828, effective as noted in 35 Ill. Adm. Code 700.106;

amended in R82-19 at 7 Ill. Reg. 14015, effective Oct. 12, 1983; amended in

R84—9, 53 PCB 131 at 9 Ill. Reg. 11819, effective July 24, 1985; amended in

R85—22 at 10 Ill. Reg.

968, effective January 2, 

1986; amended in R86—1 at 10

Ill. Reg. 13998, effective August 12, 1986; amended in R86-19 at 10 111. Reg.

20630, effective December 2, 1986; amended in 

R86-28 at

11 Ill. 

Reg.

6017,

effective March 24, 1987; amended in R86—46 at 11 Ill. Reg. 13435, effective

99—476

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED 

AMENDMENTS

August 4, 1987; amended 

R87—5 at 11 111. Reg. 19280, effective November

12, 1987; amended in R87-26 at 12 Ill. 

Reg.

2450, 

effective January 15,

1988; amended in R87-39 at 12 Ill. Reg. 12999, effective July 29, 1988;

amended 

R88-16 

at 13 Ill. Reg. 362, effective December 27, 1988; amended

in

Rag-i at 13 111. Reg.

effective

SUBPART B:

DEFINITIONS

Section 720.110  Definitions

When used in 35 111. Adm. Code 720 through 725 and 728 only, the following

terms have the meanings given below:

“Aboveground tank” means a device meeting the definition of “tank”

that is situated in such a way that the entire surface area of the

tank is completely above the plane of the adjacent surrounding

surface and the entire surface area of the tank (including the tank

bottom) is able to be visually

inspected.

‘Act” or “RCRA” means the Solid Waste Disposal Act, as amended by the

Resource Conservation and Recovery Act of 1976,

as amended (42 U.S.C.

6901 et seq.)

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

of hazardous waste at the facility until the Agency receives

certification of final closure.

“Active portion” means that portion of a facility where treatment,

storage or disposal operations are being or have been conducted after

May

19, 1930

and which 

is not a closed portion. (See also “closed

portion” and “inactive portion”.)

“Administrator” means the

Administrator of 

the U.S. Environmental

Protection Agency or -hi~s—theAdministrator’s designee.

“Agency” means the Illinois Environmental Protection Agency.

‘Ancillary equipment” means any device including, hut not limited to,

such devices as piping, fittings, flanges, valves and pumps, that is

used to distribute, meter or control the flow of hazardous waste from

its point of gen.eration to storage or

treatment tank(s), between

hazardous waste storage

and

treatment tanks to a point of disposal

onsite, or to a point of shipment for disposal off—site.

“Aquifer” means a geologic formation, group of formations or part of

a formation capable of yielding a significant amount of groundwater

to wells or springs.

99—47 7

ILLINOIS REGISTER ________________________________

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

“Authorized representative” means the person responsible for the

overall operation of a facility or an operational unit (i.e., part of

a facility), e.g., the plant manager, superintendent or person of

equivalent responsibility.

“Board” means the Illinois Pollution Control Board.

“Boiler” means an enclosed device using controlled flame combustion

and having the following characteristics:

The unit must have physical provisions for recovering and

exporting thermal energy in the form of steam, heated fluids or

heated gases; and 

the

unit’s combustion chamber and primary

energy recovery section(s) must be of integral design. To be of

integral design, the combustion chamber and 

the primary energy

recovery section(s) (such as waterwalls and superheaters) must

be physically formed into one manufactured or assembled unit. A

unit in which the combustion chamber and the primary energy

recovery section(s) are joined only by ducts or connections

carrying flue gas is not integrally designed; however, secondary

energy recovery equipment (such as economizers or air

preheaters) need not be physically formed into the same unit as

the combustion chamber and the primary energy recovery

section.

The

following units are not precluded from being

boilers solely because they are not of integral design: process

heaters (units that

transfer energy directly to a process

stream), and fluidized bed combustion units; and

While in operation, the unit must maintain a thermal energy

recovery efficiency of at least 60 percent, calculated in terms

of the recovered energy compared with the thermal value of the

fuel; and

The unit must export and utilize at least 75 percent of the

recovered energy, calculated on an annual basis. In this

calculation, no credit shall be given for recovered heat used

internally in the seine unit. (Examples of internal use are the

preheating of fuel or combustion air, and the driving of induced

or forced draft fans or feedwater pumps); or

The unit is one which the Board has determined, on a case—by-

case basis, to be a boiler, after considering the standards in

Section 720.132.

“Certification” means a statement of professional opinion based upon

knowledge and belief.

“Closed Portion” means that

portion of a facility which an owner or

99—478

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

operator has closed in accordance with the approved facility closure

plan and all applicable closure requirements. (See also “active

portion” and “inactive portion”.)

“Component” means either the tank or ancillary equipment of a tank

system.

“Confined aquifer” means an aquifer bounded above and below by

impermeable beds or by beds of distinctly lower permeability than

that of the aquifer itself; an aquifer containing confined

groundwater.

“Container” means any portable device in which a material is stored,

transported, treated, disposed of or

otherwise handled.

“Contingency plan” means a document setting out an organized, planned

and coordinated course of action to be followed in case of a fire,

explosion or release of hazardous waste or hazardous waste

constituents which could threaten human health or the environment.

“Corrosion expert” means a person who, by reason of knowledge of the

physical sciences

and the principles of engineering and mathematics,

acquired by a professional education and related practical

experience, is

qualified to engage in the 

practice of corrosion

control on buried or submerged metal piping systems and metal

tanks. Such a person must be certified as being qualified by the

National Association of Corrosion Engineers (NACE) or be a registered

professional engineer who has certification or licensing

that

md udes education and experience in corrosion control on buried or

subiierged nietai piping 

systems and

metal tan ks.

“Designated

facility° means a hazardous waste treatment, storage or

disposal facility which -has ~eee~ve~a~EPA pe~~t~ a faeiJ4ty

with 4RteF stat~s)i.,.i aeee~~a~eewi~ththe Feq~i4Pe~eAtsec 40 GFR

2~@aAd ~24 e~a pei~4t 

~F8H~ 

a state aE~heFi~e~4n aeeeFdaAee w4th 49

GFR 2~3-e~that 4s Feg~4ated~RdeE40 GFR ~    

e~40 GFR

2~&~S~paFtF e~~S Ilir A~rGede ~21r196e~24 e~7~6rSubpaFtF aRd

that- has been designated on the manifest by the generator pursuant

to 35 Ill. Adm. Code 722.120.

“Dike” means an embankment or ridge of either natural or manmade

materials used to prevent the 

movement of liquids, sl udg2s, sal ids or

other materials.

“Director” means the Director of the Illinois Environmental

Protection Agency.

“Discharge” or “hazardous waste discharge” means 

the accidental or

99— 479

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTiCE OF PROPOSED 

AMENDMENTS

intentional spilling, leaking, pumping, pouring, emitting, emptying

or dumping of hazardous waste into or on any land or water.

“Disposal” means the discharge, deposit, injection, dumping,

spilling, leaking or placing of

any solid waste or hazardous waste

into or on any land or water so that such solid waste or hazardous

waste or any constituent thereof may enter the environment or be

emitted into the air or discharged into any waters, including

groundwaters.

“Disposal facility” means a facility or part of a facility at which

hazardous waste is intentionally placed into or on any land or water

and at which waste will remain after closure.

“Elementary neutralization unit” means a device which:

is used for neutralizing wastes which are hazardous —wastes

—only because they exhibit the corrosivity characteristic

defined in 35 Ill. Adm. Code 721.122 or are listed in 35 Ill.

Adm. Code 721.Subpart D only for this reason; and

Meets the definition of tank, tank system, container, transport

vehicle or vessel in this Section— 

ao~n~@—.

“EPA” or “USEPA 

‘

means United States Environmental Protection

Agency.

“EPA hazardous waste number” or “USEPA hazardous waste number” means

the number assigned by EPA to~?achhazardous waste listed in 35 Ill.

Adrn. Code 721.Subpart D and to each characteristic identified in 35

Ill. Adm. Code 721.Subpart C.

“EPA identification number” or “USEPA identification number” means

the number assigned by USEPA pursuant to 35 Ill. Adm. Code 722

through 725 to each generator, transporter and treatment, storage or

disposal facility.

“EPA region” means the states and territories found in any one of the

following ten regions:

Region I: Maine, Vermont, New Hampshire, Massachusetts,

Connecticut and Rhode Island

Region Ii: New

York, 

New Jersey, Commonwealth of Puerto Rico

and the U.S. Virgin Islands

Region III:

Pennsylvania, Delaware, Maryland, West Virginia,

Virginia and the District of Columbia

99—480

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Region IV: Kentucky, Tennessee, North Carolina, Mississippi,

Alabama, Georgia, South Carolina and Florida

Region V: Minnesota, Wisconsin, Illinois, Michigan, Indiana and

Ohio

Region VI: New Mexico, Oklahoma, Arkansas, Louisiana and Texas

Region VII: Nebraska, Kansas, Missouri and Iowa

Region VIII:

Montana, Wyoming, North Dakota, South Dakota, Utah

and Colorado

Region IX: California, Nevada, Arizona, Hawaii, Guam, American

Samoa and Coninonwealth of the Northern 1’lariana Islands

Region X: Washington, Oregon, Idaho and Alaska

“Equivalent method” means any testing or analytical method approved

by the Board pursuant to Section 720. 120.

“Existing hazardous waste management (HWM) facility” or “existing

facility” means a facility which was in operation or for which

construction cornenced on or before November 19, 1980. A facility

had commenced construction if the owner or operator had obtained the

federal, state and local approvals or permits necessary to begin

physical construction and either

A continuous on-site, physical construction program had begun or

the owner or operator had entered into contractual obligations

which could not be cancelled or modified without substantial

loss 

for physical construction of the facility to be

completed within a reasonable time.

“Existing portion” means that land surface area of an existing waste

management unit, included in the original Part A permit application,

on which wastes have been placed prior to the issuance of a permit.

“Existing tank system” or “existing component” means a tank system or

component that is used for the storage 

treatment of hazardous

waste and that is 

operation, or for which installation 

has

commenced on or prior to July 14, 1986. Installation will be

considered to have cornenced if the owner or operator has obtained

all federal, State and local approvals or permits necessary to begin

physical construction of the site or installation of the tank system

and if either

99—481

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

A continuous on—site physical construction or installation

program has begun; or

The owner or operator has entered into contractual obligations

—— 

which cannot be canceled or modi fied without substantial loss

-- for physical construction of the site or installation of the

tank systeni to be completed within a 

reasonable time.

“Facility” means all contiguous land and structures, other

appurtenances and improvements on the land used for treating, storing

or disposing of hazardous waste. A facility may consist of several

treatment, storage or disposal operational units (e.g., one or more

landfills, surface impoundments or combinations of them).

“Final closure” means the closure of all hazardous waste management

units at the facility in accordance with all applicable closure

requirements so that hazardous waste management activities under 35

Ill. Adrn. Code 724 and 725 are no longer conducted at the facility

unless subject to the provisions of 35 Ill. Adm. Code 722. 134.

“Federal agency” means any department, agency or other

instrumentality of the federal government, any independent agency or

establishment of the federal government including any government

corporation and the Government Printing Office.

“Federal, state and local approvals or permits necessary to begin

physical construction” means permits and approvals required under

federal, state or local hazardous waste control statutes, regulations

or ordinances.

“Food—chain

crops” means tobacco, crops grown for 

human consumption

and crops grown for feed for animals whose products are consumed by

humans.

“Freeboard” means the vertical distance between the top of a tank or

surface impoundment dike and the surface of the waste contained

therein.

“Free liquids” means liquids which readily separate from the solid

portion of a waste under ambient temperature and pressure.

“Generator” means any person, by site, whose act or process produce

hazardous waste identified or listed in 35 Ill. Adm. Code 721 or

whose act first causes a hazardous waste to become subject to

regulation.

“Groundwater” means water below the land surface in a zone of

99—482

ILLINOIS REGISTER

POLLUTiON CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

saturati on.

“Hazardous waste” means a hazardous waste as defined in 35 Ill. Adm.

Code 721.103.

“Hazardous waste constituent” means a constituent which caused the

hazardous waste to be listed in 35 Ill. Adm. Code 721.Subpart D, or a

constituent listed in of 35 Ill. Adm. Code 721.124.

“Hazardous waste management unit” is a contiguous area of land on or

in which hazardous waste is placed, or the largest area in which

there is significant likelihood of mixing hazardous waste

constituents in the same area. Examples of hazardous waste

management units include a surface impoundment, a waste pile, a land

treatment area, a landfill cell, an incinerator, a tank and its

associated piping and underlying containment system and a container

storage area. A container alone does not constitute a unit; the

unit includes containers and the land or pad upon which they are

placed.

“Inactive portion” means that portion of a facility which is not

operated after November 19, 1980. (See also “active portion” and

“closed portion”.)

“Incinerator” means any enclosed device using controlled flame

combustion which is neither a “boiler” nor an “industrial furnace”.

“Incompatible waste” means a hazardous waste which is suitable for:

Placement in a particular device or facility because it may

cause corrosion or decay of containment materials (e.g.,

container inner liners or tank walls); or

Commingling with another waste or material under uncontrolled

conditions because the corriningling might produce heat or

pressure, fire or explosion, violent reaction, toxic dusts,

mists, fumes or gases or flarnable fumes or gases.

(See 35 Ill. Adm. Code 725.Appendix E for examples.)

“Industrial furnace” means any of the following enclosed devices that

are integral components of manufacturing processes and that use

controlled flame devices to accomplish recovery of materials or

energy:

Cement kilns

Lime kilns

99—483

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Aggregate kilns

Phosphate kilns

Coke ovens

Blast furnaces

Smelting, melting and refining furnaces (including

pyrometallurgical devices such as cupolas, reverberator

furnaces, sintering machines, roasters and foundry 

furnaces)

Titanium dioxide chloride process oxidation reactors

Methane reforming furnaces

Pulping liquor recovery furnaces

Combustion devices used in the recovery of sulfur values from

spent sulfuric acid

Any other such device as the Agency determines to be an

“Industrial Furnace” on the basis of one or more of the

following factors:

The design and use of the device primarily to accomplish

recovery of material products;

The use of the device to burn or reduce raw materials to

make a material product;

The use of the device to burn or reduce secondary materials

as effective substitutes for 

raw

materials, in processes

using raw materials as principal feedstocks;

The use of the device to burn or reduce secondary materials

as ingredients in an industrial process to make a material

product;

The use of the device in common industrial practice to

produce a material product; and

Other relevant factors.

“Individual generation site” means the contiguous site at or on which

one or more hazardous wastes are generated. An individual generation

site, such as a large manufacturing plant, may have one or more

99— 484

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

sources of hazardous waste but is considered a single or mdi vidual

generation site if the site or property is contiguous.

“Inground tank” means a device meeting the definition of “tank”

whereby a portion of the tank wall is

situated to any degree within

the ground, thereby preventing visual inspection of that external

surface area of the tank that is in the ground.

“In operation” refers to a facility which 

is treating, storing or

disposing of hazardous waste.

“Injection well” means a well into which fluids are being injected.

(See also “underground injection”.)

“Inner liner” means a continuous layer of material placed inside a

tank or container which protects the construction materials of the

tank or container from the contained waste or reagents used to treat

the waste.

“Installation inspector” means a person who, by reason of knowledge

of the physical sciences and the principles of engineering, acquired

by a professional education and related practical experience, is

qualified to supervise the installation of tank systems.

“International shipment” means the transportation of hazardous waste

into or out of the jurisdiction of the United States.

“Land treatment facility” means a facility or part of a facility at

which hazardous waste is applied onto or incorporated into the soil

surface; such facilities are disposal facilities if the waste will

remain after closure.

“Landfill” means a disposal facility or part of a facility where

hazardous waste is placed in or on land and which is not ~pile, a

land treatment facility, a surface impoundment- er—, an underground

injection well, a salt dome formation, an underground mine or a cave.

“Landfill cell” means a discrete volume of a hazardous waste landfill

which uses a liner to provide isolation of wastes from adjacent cells

or wastes. Exaniples of landfill cells are trenches and pits.

“Leachate”

means any liquid, including any suspended components in

the liquid, that has percolated through or drained from hazardous

waste.

“Liner” means a continuous layer of natural or manmade materials

beneath or

on the sides of a surface impoundment, landfill or

landfill cell, which restricts the downward or

lateral escape of

99—485

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

hazardous waste, hazardous waste constituents or leachate.

“Leak-detection system” means a system capable of detecting the

failure of either the primary or secondary containment structure or

the presence of a release of hazardous waste or accumulated liquid

in

the secondary containment structure. Such a system must employ

operational controls (e.g., daily visual inspections for releases

into the secondary containment system of aboveground tanks) or

consist of an interstitial monitoring device designed to detect

continuously and automatically the failure of the primary or

secondary containment structure or the presence of a release of

hazardous waste into the secondary containment structure.

“Management” or “hazardous waste management” means the systematic

control of the collection, source separation, storage,

transportation, processing, treatment~ recovery and disposal of

hazardous waste.

“Manifest” means the shipping document originated and signed by the

generator which contains the information required by 35 Ill. Adm.

Code 722.Subpart B.

“Manifest document number” means the USEPA twelve digit

identification number assigned to the generator plus a unique five

digit document number

assigned to the manifest by the generator for

recording and reporting purposes.

“Mining overburden returned to the mine site” means any material

overlying an economic mineral deposit which is removed to gain access

to that deposit and is then used for reclamation of a surface mine.

“Miscellaneous unit” means a hazardous waste management unit where

hazardous waste is treated, stored

o~Thsposedof arid which is not a

container, tank, tank system, surface irppoundment, pile, land

treatment unit, landfill, incinerator, boiler, industrial furnace,

underground injection well 

with

a~propriate technical standards under

35 Ill. Adm. Code 730, or a 

unit eligible for a research, development

and ~            

Ill. Adm. Code 703.231.

“Movement” means that hazardous waste transported to a facility in an

individual vehicle.

“New hazardous waste management facility” or “new facility” means a

facility which began operation, or for which construction coninenced,

after November 19, 1980. (See

also “Existing hazardous waste

management facility”.)

“New tank system” or “new tank component” means a tank system or

99—486

ILLINOIS REGISTER

POLLUTiON CONTROL BOARD

NOTICE OF PROPOSED AN1END~~1ENTS

component that will be used for the storage or treatment of hazardous

waste and for which installation coirinenced after July 14, 1986;

except, however, for purposes of 35 Ill. Adm. Code 724.293(g)(2) and

725.293(g)(2), a new tank system is one for which construction

commences after July 14, 1986. (See also “existing tank system.”)

“Onyround tank” means a device meeting the definition of “tank” that

is situated in such a 

way that the bottom

of the tank is on the same

level as the adjacent surrounding surfaces so that the external tank

bottom cannot be visually inspected.

“On—site” means the sai~ieor geographically contiguous property which

may be divided by public or private right-of-way, provided the

entrance and exit between the properties is at a crossroads

intersection and access is by crossing as opposed to going along the

right-of—way. Noncontiguous properties owned by the same person but

connected by a right—of-way which he controls

and to which the public

does not have access is also considered on-site property.

“Open burning” means the combustion of any material without the

following characteristics:

Control of combustion air to maintain adequate temperature for

efficient combustion;

Containment of the combustion reaction in an enclosed device to

provide sufficient residence time and mixing for complete

combustion; and

Control of emission of the gaseous combustion products.

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

“Operator” means the person responsible for the overall operation of

a facility.

“Owner” means the person who owns a facility or part of a facility.

“Partial closure” means the closure of a hazardous waste management

unit in accordance with the applicable closure requirements of 35

Ill. Adm. Code 724 or 725 at a facility which contains other active

hazardous waste management units. For example, partial closure may

include the closure of a tank (including its associated piping and

underlying containment systems), landfill cell, surface impoundment,

waste pile or other hazardous waste management unit, while other

units of the same facility continue to operate.

“Person” means an individual, trust, firm, joint stock company,

99— 487

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

federal agency, corporation (including a government corporation),

partnership, association, state, municipality, cormiission, political

subdivision of a state or any interstate body.

“Personnel” or “facility personnel” means all persons who work at or

oversee the operations of a hazardous waste facility and whose

actions or failure to act may result in noncompliance with the

requirements of 35 Ill. Adm. Code 724 or 725.

“Pile” means

any noncontainerized accumulation of solid, non-flowing

hazardous waste that is used for treatment or storage.

“Point source” means any discernible, confined and discrete

conveyance including, but not limited to, any pipe, ditch, channel,

tunnel, conduit,

well, discrete fissure, container, rolling stock,

concentrated animal feeding operation or vessel or other floating

craft from which pollutants are or may be discharged. This term does

not include return flows from irrigated agriculture.

“Publicly owned treatment works” or “POTW” —~eaAs aRy de~’4ee eP

system ~ise~~ the tFeatR~eAt Re4~d4~g~eeyeI4AgaA~ffee4aR~at+eR~ef

m4e4~p&~sewage e~~Ath4stF+aIwastes e~a ~  RatH~ewh4eh 4s

ewRed ~y a listateil ec dR~e4~a~4ty~4as ~e~Re4 ~y Seet~e~~9244~~

the G4eaR Water Aet ~ J~-S~G~~3~2~44~v h4s ~e+n+t4eA ~Ae~es

sewe~s~~4pes

8F

etheF eeR~’eyaAees e~y if they ee~veywastewateF te

a R9TW pFev4~4AgtFeatm~eRt—isas defined in35 Ill. Ad;n. Code

310. 110.

“Regional Administrator” means the Regional Administrator for the EPA

Region in which the facility is located or

—his—the Regional

Administrator’s designee.

“Representative sample” means a sample of a universe or whole (e.g.,

waste pile, lagoon, groundwater) which can be expected to exhibit the

average properties of the universe or whole.

“Runoff” means any rainwater, leachate or other liquid that drains

over land from any part of a facility.

“Runon” means any rainwater, leachate or other liquid that drains

over land onto any part of a facility.

“Saturated zone” or “zone of saturation” means that part of the

earth’s crust in which all voids are filled with water.

“SiC Code” means Standard Industrial Code as defined in Standard

industrial Classification Manual, incorporated by reference in

Section 720.111.

99—488

ILLINOIS REGISTER

POLLUTiON CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

“Sludge” means any solid, semi-solid or liquid waste generated from a

municipal, coninercial or industrial wastewater treatment plant, water

supply treatment plant or air pollution control facility exclusive of

the treated effluent from a wastewater treatment plant.

“Small Quantity Generator” means a generator which generates less

than 1000 kg of hazardous waste in a calendar month.

“Solid waste” means a solid waste as defined in 35 Ill. Adm. Code

721. 102.

“Sump” means any pit or reservoir that meets the definition of tank

and those troughs or trenches connected to it that serve to collect

hazardous waste for transport to hazardous waste storage, treatment

or disposal facilities.

“State” means any of the several states, the District of Columbia,

the Con~inonwealth of Puerto Rico, the Virgin Islands, Guam, American

Samoa and the Commonwealth of the Northern Mariana Islands.

“Storage” means the holding of hazardous waste for a temporary

period, at the end of which the hazardous waste is treated, disposed

of or stored elsewhere.

“Surface impoundment” or “impoundment” means a facility or part of a

facility which is a natural topographic depression, manmade

excavation or diked area formed primarily of earthen materials

(although it may be lined with manmade materials) which is designed

to hold an accumulation of liquid wastes or wastes containing free

liquids and which is not an injection well. Examples of surface

impoundments are holding, storage, settling and aeration pits, ponds

and lagoons.

“Tank” means a stationary device, designed to contain an accumulation

of hazardous waste which is constructed primarily of nonearthen

materials (e.g., wood, concrete, steel, plastic) which provide

structural support.

“Tank system” means a hazardous waste storage or treatment tank and

its associated ancillary equipment and containment system.

“Thermal treatment” means the treatment of hazardous waste in a

device which uses elevated temperatures as the primary means to

change the chemical, physical or biological character or composition

of the hazardous waste. Examples of thermal treatment processes are

incineration, molten salt, pyrolysis, calcination, wet air oxidation

and microwave discharge. (See also “incinerator” and “open

99—489

ILLINOIS REGISTER

POLLUTiON CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

burning”.)

“Totally enclosed treatment facility” means a facility for the

treatment of hazardous waste which is directly connected to an

industrial production process and 

which

is constructed and operated

in a manner which prevents the release of any hazardous waste or any

constituent thereof into the environment during treatment. An

example is a pipe in which waste acid is neutralized.

“Transfer facility” means any transportation related facility

including loading 

docks, parking areas, storage areas and other

similar areas where shipments of hazardous waste are held during the

normal course of transportation.

“Transport vehicle” means a motor vehicle or rail car used for the

transportation of cargo by any mode. Each cargo—carrying body

(trailer, railroad freight car, etc.) is a separate transport

vehi cle.

“Transportation” means the movement of hazardous waste by air, rail,

highway or water.

“Transporter” means a person engaged 

in the off—site transportation

of hazardous waste by air, rail, highway or water.

“Treatability study” means:

A study in which a hazardous waste is subjected to a treatment

process to determine:

Whether the waste is amenable to the treatment process.

What pretreatment (if any) is required.

The optimal process conditions needed to achieve the

desired treatment.

The efficiency of a treatment process for a specific waste

or wastes. Or,

The characteristics and volumes of residuals from a

particular treatment process.

Also included in this definition for the purpose of 35 Ill. Adrn.

Code 721.104(e) and (f) exemptions are liner compatibility,

corrosion and other material compatibility studies and

toxicological and health effects studies. A “treatability

study” is not a means to commercially treat or dispose of

99— 490

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

hazardous waste.

“Treatment” means any method, technique or process, including

neutralization, designed to change the physical, chemical or

biological character

or composition of any hazardous waste so as to

neutralize such waste, or so as to recover energy or material

resources from the waste or so as to render such waste non-hazardous

or less hazardous; safer to transport, store or dispose of; or

amenable for recovery, amenable for storage or reduced in volume.

“Treatment zone” means a soil area of the unsaturated zone of a land

treatment unit within which hazardous constituents are degraded,

transformed or imobilized.

“Underground injection” means the subsurface emplacement of fluids

through a bored, drilled or driven well; or through a dug well, where

the depth of the dug well is greater than the largest surface

dimension. (See also “injection well”.)

“Underground tank” means a device meeting the definition of “tank”

whose entire surface area is totally below the surface of and covered

by the ground.

“Unfit—for—use tank system” means a tank system that has been

determined through an integrity assessment or other inspection to be

no longer capable of storing or treating hazardous waste without

posing a threat of release of hazardous waste to the environment.

“Uppermost aquifer” means the geologic formation nearest the natural

ground surface that is an aquifer, as well as lower aquifers that are

hydraulically interconnected 

with

this aquifer within the facility’s

property boundary.

“Unsaturated zone” or “zone of aeration” means the zone between the

land surface and the water table.

“United States” means the 50 States, the District of Columbia, the

Coniiionwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American

Samoa and the Commonwealth of the Northern Mariana Islands.

“USEPA” means United States Environmental Protection Agency.

“Vessel’ includes every description of watercraft, used or capable of

being used as a means of transportation on the water.

“Wastewater treatment unit” means a device which:

Is part of a wastrewater treatment facility which —4s s~ib~eette

99—491

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Feg~4atieRm~AdeFe*thep SeetieR 492 eff SeetieR 3Q~b4ef the

G~reaAWater Act 433

~rSr~ 

~342 e~~31-~b4~—hasan NPDES~.!’mit

pursuant to35 Ill. Adm. Code 309 or a 

pretreatment permit or

authorization to discharge pursuant to35

Ill. Adm. Code 310

a rid

—p—Receives and treats or stores an influent wastewater which is

a hazardous waste as defined in 35 Ill. Adm. Code 721.103, or

generates and accumulates a wastewater treatment sludge 

which is

a hazardous waste as defined in 35 111. Adm. Code 721.103, or

treats or stores a wastewater treatmnent sludge which is a

hazardous waste as defined in 35 111. Adm. Code 721.103; and

MeetsGe~e~29~~@—this_Section.the definition of tank or tank

system in —3~H4~Ad~T

“Water (bulk shipment)” means the bulk transportation of hazardous

waste which is loaded or carried on board a vessel without containers

or labels.

“Well” means any shaft or pit dug or bored into the earth, generally

of a cylindrical form, and often walled with bricks or tubing to

prevent the earth 

from caving in.

“Well injection” (See “underground injection”).

“Lone of engineering control” means an area under the control of the

owner or operator that, upon detection of a hazardous waste release,

can be readily cleaned up prior to the release of hazardous waste or

hazardous constituents to groundwater or surface water.

(Source: Amended at 13 Ill. Peg.   

, effective

Section

720.111  

References

a)  The following publications are incorporated by reference:

ANSI. Available from the American National Standards Institute,

1430 Broadway, New York, New York 10018, (212) 354—3300:

-~Pet~ee~Ref4AeFy Pi~4Ag~N4S~-~3~3 —- 

1~97~~with

~

B31~r34~4-— 1~9~97—AMSIB31.3 

and B31.4. See

ASME/ANS1 1331.3 

and B 31.4

—~6iq~4~PetFe~em~mPaAs~eFtat+eAPip4Ag Systeffis~Ar4S~-

—— 19~4;with addeA~~B3~r4~4

-—

~98~r

API. Available from the American Petroleum Institute, 1220

L

9 9—492

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Street, N.W.,

Washington, D.C. 20005, (202) 682-8000:

“Guide for Inspection of Refinery Equipment, Chapter XIII,

Atmospheric and Low Pressure Storage Tanks,” 4th Edition,

1981, reaffirmed December, 

1987.

“Cathodic Protection of Underground Petroleum Storage Tanks

and Piping Systems,” API —Pdb~4eat4eR1~32~~983—

Recommended

Practice 1632, Second Edition, December, 1987.

“Installation of Underground Petroleum Storage Systems,”

API —Pa~4eat4eR~ 4~4eve~be~19~94—Recommended Practice

1615, Fourth Edition, November, 1987.

ASME. Available from the American Society of Mechanical

Engineers, 345 East 47th Street, New York, NY 10017, (212)j05-

7722:

“Chemical Plant and Petroleum Refinery Piping”, ASME/AMSI

B31.3 - 1987, as supplemented by B31.3a — 1988 and B31.3b —

1988. Also available from ANSI.

“Liquid Transportation Systems for Hydrocarbons, Liquid

Petroleum Gas, Anhydrous Ammonia, and Alcohols”, ASME/ANSI

B31.4 — 1986, 

as supplemented

by B31.4a — 1987. Also

available from ANSI.

ASTM. Available from American Society for Testing and

Materials, 1916 Race Street, Philadelphia, PA 19103, (215) 299—

5400:

“ASTM Standard Test Methods for Flash Point of Liquids by

Setaflash Closed Tester,” ASTM Standard D—3828—87.

“ASTM Standard Test

Methods for Flash Point Pensky-Martens

Closed Tester,” ASTM Standard D-93—79 or 0-93—80.

GPO. Available from the Superintendent of Documents, U.S.

Government Printing Office, Washington, D.C. 20401, (202) 783—

3238:

Standard Industrial Classification Manual (1972), and 1977

Supplement, republished in 1983

NACE. Available from the National Association of Corrosion

Engineers, 1400 South Creek Dr., Houston, TX 77084, (713) 492—

0535:

99—493

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED PJ4ENDMENTS

“—Reeem~eR~e~Ppaet4ee ~RP—O2—8~4-Control of External

Corrosion on Metallic Buried, Partially Buried, or

Submerged Liquid Storage 

Systems—~~—”,

NACE 

Recommended

Practice RPO285-85, ap~ vedIiarch, 1985.

NFPA. Available from the National Fire Protection Association,

Batterymarch Park, Boston, MA 02269,

(617) 770-3000 or (800)

344-3555:

“Flamable

arid 

Combustible Liquids Code”— 4~9~

e~

NFPA

30, issued 

July

17,

1987.

Also available from ANSI.

NTIS. Available from the National Technical Information

Service, 5285 Port Royal Road, Springfield, VA 22161, (703)

487-4600:

“Generic Quality Assurance Project Plan for Land Disposal

Restrictions Program”, EPA/53O—SW—87—O11, March 15, 1987.

(Document number PB 88-170766.

“Methods for Chemical Analysis of Water and Wastes”, Third

Edition, March, 1983. (Document

number PB 84—128677)

“Procedures Manual for Ground Water Monitoring at Solid

Waste Disposal Facilities”, EPI\—53O/SW—611, 1977.

(Document number PB 84-174820)

“Test Methods for Evaluating Solid Waste, Physical/Chemnica~

Methods,” EPA Publication number SW—846 (Second Edition,

1982 as amended by Update I (April, 1984) and Update II

(April, 1985)) 

(Document number PB

87—120291)

STI. Available from the Steel Tank Institute, 728 Anthony

Trail, Northbrook, IL 60062, (312) 498—1980:

“Standard for Dual Wall Underground Steel Storage Tanks”

(1986).

Code of Federal Regulations. Available from the Superintendent of

Documents, U.S. Government Printing Office, Washington, D.C. 20401,

(202) 783—3238:

10 CFR 20, Appendix B (1988)

40 CFR 136 (1988J

40 CFR 142 (1988)

9 9—494

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

40 CFR 220 —4~.9~~—(1988)

40 CFR 260.20 (1988)

40 CFR 264 —~98~—(1988)

40 CFR 302.4, 302.5 

and

302.6 (1988)

40 CFR 761 -~98~—(1988)

c)  Federal Statutes

Section 3004 of the Resource Conservation and Recovery Act (42 U.S.C.

6901 et seq., as amended through 

December 31, 1987.

d) This Section incorporates no later editions or amendments.

(Source: Amended at 13 Ill. Reg.   

effective

99—4 95

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

TITLE 35: ENViRONMENTAL PROTECTiON

SUBTITLE G:

WASTE DISPOSAL

CHAPTER I:

POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 721

IDENTIFICATION 

AND

LISTING OF HAZARDOUS WASTE

SUBPART A: GENERAL PROVISIONS

Section

721.101   

Purpose of Scope

721.102   

Definition of Solid Waste

721.103

Definition of Hazardous Waste

721.104

Exclusions

721.105

Special Requirements For Hazardous Waste Generated by Small

Quantity Generators

721.106   

Requirements for Recyclable Materials

721.107   

Residues of Hazardous Waste In Empty Containers

SUPBART B:

CRITERIA FOR IDENTIFYING THE CHARACTERISTICS

OF HAZARDOUS WASTE 

AND

FOR LISTING HAZARDOUS WASTES

Section

721.110

Criteria for Identifying

the Characteristics of Hazardous Waste

721.111

Criteria for Listing Hazardous Waste

SUBPART C: CHARACTERISTICS OF HAZARDOUS WASTE

Section

721.120   

General

721.121

Characteristics of Ignitability

721.122   

Characteristics of Corrosivity

721.123

Characteristics of Reactivity

721.124   

Characteristics of EP Toxicity

SUBPART D: LISTS OF HAZARDOUS WASTE

Section

721.130   

General

721.131

Hazardous Wastes From Nonspecific Sources

721.132

Hazardous Waste from Specific Sources

721.133   

Discarded Commercial Chemical Products, Off-Specification

Species, Container Residues and Spill Residues Thereof

Appendix A

Representative Sampling Metnods

Appendix B

EP Toxicity Test Procedures

Appendix C

Chemical Analysis Test Methods

Table A

Analytical Characteristics of Organic Chemicals (Repealed)

Table B

Analytical Characteristics of Inorganic Species (Repealed)

Table C

Sample Preparation/Sample Introduction Techniques (Repealed)

Appendix 0

Basis for Listing Hazardous Wastes

99—496

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Appendix H

Hazardous Constituents

Appendix I

Wastes Excluded under Section 720.120 and 720.122

Table A

Wastes Excluded from Non—Specific Sources

Table B

Wastes Excluded from Specific Sources

Table C

Wastes Excluded from Cornercial Chemical Products, Off—

Specification Species, Container Residues, and Soil Residues

Thereof

Appendix J

Method of Analysis for Chlorinated Dibenzo-p-Dioxins and

Di benzofurans

Appendix Z

Table to Section 721.102

AUTHORiTY:

Implementing Section 22.4 and authorized by Section 27 of the

Environmental Protection Act (Ill. Rev. Stat. 1987, ch. 111 1/2, pars. 1022.4

and 1027).

SOURCE: Adopted in P81-22, 43 PCB 427, at 5 Ill. Reg. 9781, effective as

noted in 35 111. Adm. Code 700.106; amended and codified in R81-22, 45 PCB

317, at 6 Ill. Peg. 4828, effective as noted in 35 Ill. Adm. Code 700.106;

amended in P82-18, 51 PCB 31, at 7 Ill. Reg. 2518, effective February 22,

1983; amended in R82-19, 53 PCB 131, at 7 Ill. Reg.

13999, effective October

12, 1983; amended in R84-34, 61 PCB 247, at 8 Ill. Peg. 24562, effective

December 11, 1984; amended in R84-9, at 9 Ill. Peg. 11834,

effective July 24,

1985; 

amended in R85-22 at 10 Ill. Req. 998, effective January 2, 1986;

amended in

P85-2 at 10 Ill. 

Reg. 8112, effective May 2, 1986; amended in

R86-1

at 10 Ill. Reg. 14002, effective August 12, 1986; amended in P86-19 at 10 111.

Reg. 20647, effective December 2, 1986; amended in R86-28 at

11 Ill. Peg.

6035, effective March 

24,

1987; amended in R86-46 at 

11 111. Reg. 13466,

effective August 4, 1987; 

amended

in P87-32 at 11 Ill. 

Req. 16698, effective

September 30, 1987; amended in P87—5 at 11 Ill. Reg. 19303, effective

November

12, 1987; amended in R87—26 at 12 Ill. Reg. 2456, effective January

15, 1988; amended in P87-30 at 12 Ill. 

Peg. 12070, effective July 12, 1988;

amended in R87-39 at 

12 Ill. Peg. 13006, effective July 29, 1988; amended in

P88-16 at 13 Ill. Peg. 382,

effective December 27, 1988; amended in P89-i at

13 Ill. Reg.

effective

SUBPART

A: GENERAL PROVISIONS

Section 721.104

Exclusions

Materials which are not solid wastes. The following materials are

not solid wastes for the purpose of this Part:

1)  Sewage:

Domestic sewage; and

B) Any mixture

of domestic sewage and other waste that passes

through a sewer system to publicly-owned treatment works

99—497

ILLINOIS REGISTER

POLLUTiON CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

for treatment. “Domestic sewage” means untreated sanitary

wastes that pass through a sewer system.

2)  industrial wastewater discharges that are 

point

source

discharges with NPDES permits issued by the Agency pursuant to

Section 12(f) of the Environmental Protection Act and 35 Ill.

Adm. Code 309.

BOARD NOTE: This exclusion applies only to the actual point

source discharge. It does not exclude industrial wastewaters

while they 

are being collected, stored or treated before

discharge, nor does

it exclude sludges that are generated by

industrial wastewater treatment.

Irrigation return flows.

4)  Source, special nuclear or by—product material as defined by the

Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)

5)  Materials subjected to in-situ mining techniques which are not

removed from the ground as part of the extraction process.

6)  Pulping liquors (i.e., black liquor) that 

are reclaimed in a

pulping 

liquor recovery furnace and then reused in the pulping

process, unless accumulated speculatively as defined in Section

721.101(c);

7)  Spent sulfuric acid used to produce virgin sulfuric acid, unless

it is accumulated speculatively as defined in Section

721. 101(c).

8) Secondary materials 

that are reclaimed and returned to the

original process or processes in which they were generated where

they are reused in the production process, provided:

A) Only tank storage is involved, and the entire process

through completion of reclamation is closed by

being

entirely connected with pipes or other comparable enclosed

means of conveyance;

B)  Reclamation does not involve controlled flame combustion

(such as occurs in boilers, industrial furnaces or

incinerators);

C) The secondary materials are never accumulated in such tanks

for over twelve months without being reclaimed; and

D) The reclaimed material is

not used to produce a fuel 

or

99—498

ILLINOIS REGISTER

POLLUTiON CONTROL BOARD

NOTI CE OF PROPOSED AMENDMENTS

used to produce products that are used in a manner

constituting disposal.

b) Solid wastes which are not hazardous wastes. The following solid

wastes are not hazardous wastes:

1)  Household waste, including household waste that has been

collected, transported, stored, treated, disposed, recovered

(e.g., refuse—derived fuel) or reused. “Household waste” means

any waste material (including garbage, trash and sanitary wastes

in septic tanks) derived from households (including single and

multiple residences, hotels and motels, bunkhouses, ranger

stations, crew quarters, campgrounds, picnic grounds and day—use

recreation areas). A resource recovery facility managing

municipal

solid waste shall not be deemed to be treating,

storing, disposing of or otherwise managing hazardous wastes for

the purposes of regulation under this Part, if such facility:

A) Receives and burns only:

Household waste (from single and multiple dwellings,

hotels, motels and other residential sources) and

ii) Solid waste from commercial or industrial sources that

does not contain hazardous waste; and

Such facility does not accept hazardous waste and the owner

or operator of such facility has established contractural

requirements or other appropriate notification or

inspection procedures to assure that hazardous wastes are

not received at or burned in such facility.

2) Solid wastes generated by any of the following and which are

returned to the soil as fertilizers:

The growing and harvesting of agricultural crops.

B) The raising

of animals, including animal manures.

3)  Mining overburden returned to the mine site.

Fly ash waste, bottom ash waste, slag waste, and flue gas

emission control waste generated primarily from the combustion

of coal or other fossil fuels.

5)  Drilling fluids, produced waters, and other wastes associated

with the exploration, development, or production of crude oil,

natural gas or geothermal energy.

99—499

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

6)  Chromium wastes:

A) Wastes which fail the test for the characteristic of EP

toxicity (Section 721.124 and Appendix B) because chromium

is present or are listed in Subpart D due to the presence

of chromium, which do not fail the test for the

characteristic of EP toxicity for any

other constituent or

are not listed due to the presence of any other

constituent, and which do not fail the test for any other

characteristic, if it is shown by a waste generator or by

waste generators that:

The chromium in the waste is exclusively (or nearly

exclusively) trivalent chromium; and

ii) The waste is generated from an industrial process

which uses trivalent chromium exclusively (or nearly

exclusively) and the process does not generate

hexavalent chromium; and

iii) The waste is typically and frequently managed in non-

oxidizing environments.

Specific wastes which meet the standard in subsections

(b)(6)(A)(i), (ii) and (iii) (so long as they do not fail

the test for the characteristic of EP toxicity, and do not

fail the test for any other characteristic) are

Chrome (blue) trimmings generated

by

the following

subcategories of the leather tanning and finishing

industry; hair pulp/chrome tan/retan/wet finish; hair

save/chrome tan/retan/wet finish;

retan/wet finish; no

beamhouse; through-the—blue; and shearling.

ii) Chrome (blue) shavings generated by the following

subcategories of the leather tanning and finishing

industry; hair pulp/chrome tan/retan/wet finish; hair

save/chrome tan/retan/wet finish; retan/wet finish; no

beamhouse; through—the—blue; and shearling.

iii) Buffing dust generated by the following

subcategories

of the leather tanning and finishing industry: hair

pulp/chrome tan/retan/wet finish; hair save/chrome

tan/retan/wet finish; retan/wet finish; no beanhouse;

through-the-bl ue.

iv) Sewer screenings generated by the following

99—500

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

subcategories of the leather tanning and finishing

industry: hair pulp/chrome tan/retan/wet finish; hair

save/chrome tan/retan/wet finish; retan/wet finish; no

beamhouse; through—the—blue; and shearling.

v) Wastewater treatment sludges generated by the

following subcategories of the leather tanning and

finishing industry: 

hair

pulp/chrome tan/retan/wet

finish; hair save/chrome tan/retan/wet finish;

retan/wet finish; no beamhouse; through-the—blue; and

shearl ing.

vi) Wastewater treatment sludges generated by the

following subcategories of the leather tanning and

finishing industry: hair pulp/chrome tan/retan/wet

finish; hair save/chrome tan/retan/wet finish; and

through—the-bl ue.

vii )

Waste scrap leather from the leather tanning industry,

the shoe manufacturing industry,

and other leather

product manufacturing industries.

viii)Wastewater treatment sludges from the production of

titanium dioxide pigment using chromium—bearing ores

by the chloride process.

7)  Solid waste from the extraction, beneficiation and processing of

ores and minerals (including coal), including phosphate rock and

overburden from the mining of uranium

ore. 

For the purposes of

this subsection, solid waste from the processing of ores and

minerals does not include:

~j Acid plant blowdown slurry or sludge resulting from the

thickening of blowdown slurry from primary copper

producti on

Surface impoundment solids contained in and dredged from

surface impoundments at primary lead smelting facilities

çj

Sludge from treatment of process wastewater or acid plant

blowdown from primary zinc production

Spent potliners from primary aluminum reduction

Emission control dust or sludge from ferrochromiumsilicon

production; and

~j Emission control dust or sludge from ferrochromium

99—501

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

production.

8) Cement kiln dust waste.

9)  Solid waste which consists of discarded wood or wood products

which fails the test for the characteristic of EP toxicity and

which is not a hazardous waste for any other reason 

if the waste

is generated by persons who utilize the arsenical-treated wood

and wood products for these materials’ intended end use.

c) Hazardous wastes which are exempted from certain regulations. A

hazardous waste which 

is generated in a product

or raw material

storage tank, a product or raw material transport vehicle or vessel,

a product or raw material pipeline, or in a manufacturing process

unit or an associated non—waste—treatment manufacturing unit, is not

subject to regulation under 35 Ill. Adm. Code 702, 703, 705 

and 722

througn

725 and 728 or to the notification requirements of Section

3010 of RCRA until it exits the unit in which it was generated,

unless the unit is a surface impoundment, or unless the hazardous

waste remains in the unit more than 90

days after the unit ceases to

be operated for manufacturing, or for storage or transportation of

product or raw materials.

d) Samples

Except as provided in subsection (d)(2), a sample of solid waste

or a sample of water, soil or air, which is collected for the

sole purpose of testing to determine its characteristics or

composition, is not subject to any requirements of this Part or

35 Ill. Adm. Code 702, 703, 705 and 722 through 728. The sample

qualifies when:

A) The sample is being transported to

a laboratory for the

purpose of testing; or

B) The sample

is being transported back to the sample

collector after testing; or

C) The sample is being stored

by the sample collector before

transport to a laboratory for testing; or

D) The sample is

being stored in a laboratory before testing;

or

E) The sample is being stored in a laboratory for testing but

before it is returned to the

sample collector; or

F) The sample is being stored temporarily 

in the laboratory

99—502

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

after testing for a specific purpose (for example, until

conclusion of a court case or enforcement action where

further testing of the sample may be necessary).

2)  In order to qualify for the exemption in subsection 

(d)(1)(A)

and (B), a sample

collector shipping samples to a laboratory and

a laboratory returning samples to a sample collector must:

Comply with U.S. Department of Transportation

(DOT), U.S.

Postal Service (USPS) or any other applicable shipping

requirements; or

B) Comply with the following requirements 

if the sample

collector determines that DOT, USPS or other

shipping

requirements do not apply to the shipment of the sample:

i)  Assure that the following information accompanies the

sample: The sample collector’s name, mailing address

and telephone number; the laboratory’s name, mailing

address and telephone number; the quantity of the

sample; the date of the shipment; and a description of

the sample.

ii) Package the sample so that it does not leak, spill or

vaporize from its packaging.

3)  This exemption does not apply if the laboratory determines that

the waste

is hazardous but the laboratory is no longer meeting

any of the conditions stated in subsection (d)(1).

e)  Treatability study samples.

Except as is provided in subsection (e)(2), persons who generate

or collect samples for the purpose of conducting treatability

studies, as defined in 35 Ill. Adm. Code

720.110, are not

subject to any requirement of

35 Ill. Adm. Code 721 through 723

or to the notification requirements of Section

3010 of the

Resource Conservation and Recovery Act. Nor are such samples

included in the quantity determinations of Section 721.105 and

35 Ill. Adm. Code 722.134(d) when:

A) The sample is

being collected and prepared for

transportation by the generator or sample collector; or,

The sample is being accumulated or stored by the generator

or sample collector prior to transportation to a laboratory

or testing facility; or

99—503

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

The sample is being transported to the laboratory or

testing facility for the purpose of conducting a

treatability study.

2)  The exemption in subsection (e)(1) is applicable to samples of

hazardous waste being collected and shipped for the purpose of

conducing treatability studies provided that:

A) The generator or sample collector uses (in “treatability

studies”) no more than 1000 kg of any non-acute hazardous

waste, 1

kg of 

acute hazardous waste or 250 kg of soils,

water or debris contaminated with acute hazardous waste for

each process being evaluated for each generated

wastestream; and

B) The mass of each shipment does not exceed 1000 kg of non—

acute hazardous waste, 1 kg of acute hazardous waste or 250

kg of soils, water or 

debris contaminated with acute

hazardous waste; and

C) The sample must be packaged so that it does not leak, spill

or vaporize from its packaging during shipment and the

requirements of subsections (i) or (ii) are met.

i) The transportation of each sample shipment complies

with U.S. Department of Transportation (DOT), U.S.

Postal Service (USPS) or any other applicable shipping

requirements; or

ii) If the DOT, USPS or other shipping requirements do not

apply to the shipment of the sample, the following

information must accompany the sample: The name,

mailing address and telephone number of the originator

of the sample; the name, address and telephone number

the facility that will perform the treatabi’~ity

study; the quantity of

the sample; the date of the

shipment; and, a description of the sample, including

its USEPA hazardous waste number.

0) The sample is shipped to a laboratory or testing facility

which is exempt under subsection (f) or has an appropriate

RCRA permit or interim status.

E) The generator or sample collector maintains the following

records for a period ending 3 years after completion of the

treatabil ity study:

i)  Copies of the shipping documents;

99—504

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

ii) A copy of the contract with the facility conducting

the treatability study;

iii) Documentation showing: The amount of waste shipped

under this exemption; the name, address and USEPA

identification number of the laboratory or testing

facility that received the waste; the date the

shipment was made; and, whether or not unused samples

and residues were returned to the generator.

F) The generator reports the information required in

subsection (e)(2)(E)(iii) in its report under 35 Ill. Adm.

Code 722.141.

The Agency may grant requests, on a case-by-case basis, for

quantity limits in excess of those specified in subsection

(e)(2)(A), for up to an additional 500 kg of any non-acute

hazardous waste, 1 kg of acute hazardous waste and 250 kg of

soils, water or debris contaminated with acute hazardous waste,

to conduct further treatability study evaluation when: There

has been an equipment or mechanical failure during the conduct

of the treatability study; there is need to verify the results

of a previously conducted treatability study; there is a need

to study and analyze alternative techniques within a previously

evaluated treatment process; or, there is a need to do further

evaluation of an ongoing treatability study to determine final

specifications for treatment. The additional quantities allowed

are subject to all the provisions in subsections (e)(1) and

(e)(2)(B) through (F). The generator or sample collector must

apply to the Agency and provide in writing the following

information:

A) The reason why the generator or sample collector requires

additional quantity of sample for the treatability study

evaluation and the additional quantity needed;

B) Documentation accounting for all samples of hazardous waste

from the wastestream which have been sent for or undergone

treatability studies, including the date each previous

sample was shipped, the quantity of each previous shipment,

the laboratory or testing facility to which it was shipped,

what treatability study processes were conducted on each

sample shipped, and the available results of each

treatability study;

C) A description of the technical modifications or change in

specifications which will be evaluated and the expected

9 9—505

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

results;

D) If such further study is being required due to equipment or

mechanical failure, the applicant must include information

regarding the reason for the failure or

breakdown and also

include what procedures or equipment have been made to

protect against further breakdowns; and,

E) Such other information as the Agency determines is

necessary.

4)  Final Agency determinations pursuant to this subsection may be

appealed to the Board.

Samples undergoing treatability studies at laboratories or testing

facilities.

Samples undergoing treatability studies and

the

laboratory or testing facility conducting such treatability studies

(to the extent such facilities are not otherwise subject to RCRA

requirements) are not subject to any requirement of this Part, or of

35 Ill. Adm. Code 702, 703, 705, 722 through 726, and 728, or to the

notification requirements of Section 3010 of the Resource

Conservation and Recovery Act, provided that the requirements of

subsections (f)(1) through (f)(11) are met. A mobile treatment unit

may qualify as a testing facility subject to subsections (f)(1)

through (f)(11). Where a group of mobile treatment units are located

at the same site, the limitations specified in subsections (f)(1)

through (f)(11) apply to the entire group of mobile treatment units

collectively as if the group were one mobile treatment unit.

1)  No less than 45 days before conducting treatability studies, the

facility notifies the Agency in writing that it intends to

conduct treatability studies under this subsection.

2)  The laboratory or testing facility conducting the treatability

study has a USEPA identification number.

3)

No more than a total

of 250 kg of “as received” hazardous waste

is subjected to initiation of treatability studies in any single

day. “As received” waste refers to the waste as received in the

shipment from the generator or sample collector.

4) The quantity of “as received” hazardous waste stored at the

facility for the purpose of evaluation in treatability studies

does not exceed 1000 kg, the total of which can include 500 kg

of soils, water or debris contaminated with acute hazardous

waste or 1 kg of acute hazardous waste. This quantity

limitation does not include:

99—50 6

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

A) Treatability study residues; and,

B) Treatment materials (including nonhazardous solid waste)

added to “as received” hazardous waste.

5)  Ho more than 90 days have elapsed since the treatability study

for the sample was completed, or no more than one year has

elapsed since the generator or sample collector shipped the

sample to the laboratory or testing facility, whichever date

first occurs.

6)  The treatability study does not involve the placement of

hazardous waste on the land or open burning of hazardous waste.

7) The facility maintains records for 3 years following completion

of each study that show compliance with the treatment rate

limits and the storage time and quantity limits. The following

specific information mus be included for each treatability study

conducted:

A) The name, address and USEPA identification umber of the

generator or sample collector of each waste sample;

B)  The date the shipment was received;

C) The quantity of waste accepted;

D) The quantity of “as received” waste in storage each day;

The date the treatment study was initiated and the amount

of “as received” waste introduced to treatment each day;

F)

The date the treatability study was concluded;

G) The date any unused sample or residues generated from the

treatability study were returned to the generator or sample

collector or, if sent to a designated facility, the name of

the facility and the USEPA identification number.

8) The facility keeps, on—site, a copy of the treatability study

contract and all shipping papers associated with the transport

of treatability study samples to and from the facility for a

period ending 3 years from the completion date of each

treatability study.

9)  The facility prepares and submits a report to the Agency by

March 15 of each year that estimates the number of studies and

the amount of waste expected to be used in treatability studies

99—507

ILLINOIS REGiSTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

during the current year, and includes the following information

for the previous calendar year:

A) The name, address and USEPA identification number of the

facility conducting the treatability studies;

B)  The types (by process) of treatability studies conducted;

C) The names and addresses of persons for whom studies have

been conducted (including their USEPA identification

numbers);

D) The total quantity

of waste in storage each day;

E) The quantity

and types of waste subjected to treatability

studies;

When 

each treatability study was conducted;

G) The final disposition of residues and unused sample from

each treatability study;

10) The facility determines 

whether

any unused sample or resides

generated by the treatability study are hazardous waste under

Section 721.103 and, if so, are subject to 35 111. Adm. Code

702, 703 

and 721 through 728, unless the residues and unused

samples are returned to the sample originator under the

subsection (e) exemption.

11) The facility notifies the Agency by letter when the facility is

no longer planning to conduct any treatability studies at the

site.

(Source: Amended at 13 Ill. Peg.   

effective

SUBPART 0:  LISTS OF HAZARDOUS WASTE

Section 721.132  Hazardous Waste from Specific Sources

The following solid wastes are listed hazardous wastes from specific sources

unless they are excluded under 35 Ill. Adm. Code 720.120 and 720.122 and

listed in Appendix I.

EPA Hazardous        

Industry and

Waste Ho.           

Hazardous Waste           

Hazard Code

Wood Preservation:

99—508

ILLINOIS REGISTER

treatment sludge from the

of iron blue pigments.

Distillation bottoms from the production of

acetaldehyde from ethylene.

Distillation side cuts from the production of

acetaldehyde from ethylene.

Bottom stream from the wastewater stripper in

the production of acrylonitrile.

Bottom stream from the acetrontri le col umn

in the production of acrylontrile.

Bottoms from the acetontrile purification

column in the production of acrylonitrile.

Still bottoms from the distillation of benzyl

chlon de.

Heavy ends or distillation residues from the

production of carbon tetrachloride.

Heavy ends (still bottoms) from the

purification column in the production of epichlorohydrin.

Heavy ends from the fractionation column in

ethyl chloride production.

Heavy ends from the distillation of ethylene

dichloride

in ethylene dichloride production.

Heavy ends from the distillation of vinyl

chloride in vinyl chloride monomer production.

Aqueous spent antimony catalyst waste from

fluoromethanes production.

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

KOO1  

Bottom sediment sludge from the treatment           

(T)

of wastewaters from wood preserving processes that use creosote

and/or pentachiorophenol.

Inorganic Pigments:

KOO2

Wastewater treatment sludge from the

(T)

K003

production of chrome yellow and orange pigments.

Wastewater treatment sludge from the               

(T)

production of molybdate orange pigments.

KOO4  

Wastewater treatment sludge from the               

(T)

production of zinc yellow pigments.

KOO5  

Wastewater treatment sludge from the               

(T)

production of chrome green pigments.

KOO6  

Wastewater treatment sludge from the               

(T)

production of chrome oxide green pigments (anhydrous and

hydrated).

KOO7

Wastewater

(T)

KOO8

production

Oven residue from the production of chrome           

(T)

oxide green pigments.

Organic Chemicals:

KO 09

KOl 0

KO1 1

KO1 3

KO1 4

KO1 5

KO1 6

KOl 7

KO1 8

KO19

KO2O

K02 1

(T)

(T)

(R,T)

(T)

(T)

(1)

(T)

(T)

(T)

(T)

(T)

(T)

99— 509

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

K022  

Distillation bottom tars from the production          

(T)

of phenol/acetone from cumene.

KO23  

Distillation light ends from the production          

CT)

of phthalic anhydride from naphthalene.

KO24  

Distillation bottoms from the production of          

(T)

phthalic anhydnide from naphthalene.

KOY3  

Distillation light ends from the production          

(T)

of phthalic anhydnide from ortho-x,ylene.

KO94  

Distillation bottoms from the production            

(T)

of phthalic anhydride from ortho-xylene.

KO25  

Distillation bottoms from the production            

(T)

of nitrobenzene by the nitration of benzene.

KO26

Stripping still tails from the production of

(T)

methyl ethyl pynidines.

KO27

Centrifuge and distillation residues from

(R,T)

toluene diisocyanate production.

KO28

Spent catalyst from the hydrochloninator

(T)

reactor in the production of 1,1,1-trichloroethane.

K029

Waste from the product stream stripper in

(T)

the production of 1,1,1—trichioroethane.

KO95

Distillation bottoms from the production of

(1)

1,1,1-trichloroethane.

KO96

Heavy ends from the heavy ends col umn from

(T)

the production of 1,1,1—tnichloroethane.

K030  

Column bottoms or heavy ends from the             

(T)

combined production of tnichloroethylene and perchloroethylene.

KO83  

Distillation bottoms from aniline production.         

(T)

K1D3  

Process residues from aniline extraction            

(T)

from the production of aniline.

K104  

Combined wastewater streams generated from           

(T)

nitrobenzene/aniline production.

KO85  

Distillation or fractionation column bottoms

from the production of chlorobenzenes.

K105  

Separated aqueous stream from the reactor           

(T)

product washing step in the production of chlorobenzenes.

Kill   

Product wastewaters from the production of            

(C,T)

dinitrotoluene via nitration of toluene.

K112  

Reaction by-product water from the drying            

(T)

column in the production of toluenediamine via hydrogenation of

dinitrotoluene.

K113  

Condensed liquid light ends from the               

(T)

purification of toluenediamine in the production of

toluenediamine via hydrogenation of dinitroluene.

Ki14

Vicinals from the purification of toluene-

(T)

diamine in the production of toluenediamine via hydrogenation of

dinitrotolune.

KliS  

Heavy ends from the purification of                 

(T)

toluenediamine in the production of toluenediamine via hydrogenation

99—510

ILLiNOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

of dinitrotoluene.

K116  

Organic condensate from the solvent recovery         

(T)

column in the production of toluene diisocyanate via phosgenation of

tol uenediamine.

K117  

Wastewater from the reactor vent gas scrubber         

(T)

in the production of ethylene dibrornide via bromination 

ethene.

K118

Spent adsorbent solids fromn purification of

(1)

ethylene dibromide in the production of ethylene dibromide via

bromination of ethene.

K136  

Still bottoms from the purification of               

(T)

ethylene dibromide in the production of ethylene dibromide via

bromination of ethene.

Inorganic Chemicals:

KO71  

Brine purification muds from the mercury            

(T)

cell process in chlorine production, where separately

prepurified brine is not used.

K073  

Chlorinated hydrocarbon waste from the              

(T)

purification step of the diaphragm cell process using grdphite

anodes in chlorine production.

K1O6  

Wastewater treatment sludge from the mercury          

(T)

cell process in chlorine production.

Pesticides:

KO31  

By—product salts generated in the production          

(T)

of MSMA and cacodylic acid.

KO32

Wastewater treatment sludge from the

(T)

production of chlordane.

KO33  

Wastewater and scrub water from the               

(T)

chlorination of cyclopentadiene in the production of chlordane.

KO34  

Filter solids from the filtration of                

(T)

hexachlorocyclopentadiene in the production of chIordarme.

K097  

Vacuum stripper discharge from the chlordane         

(T)

chlorinator in the production of chlordane.

KO35  

Wastewater treatment sludges generated in the          

(1)

production of creosote.

KO36  

Still bottoms from toluene reclamation             

(T)

distillation in the production of disulfoton.

KO37

Wastewater treatment sludges from the

(T)

production of disulfoton.

KO38

Wastewater from the washing and stripping of

(T)

phorate production.

KO39  

Filter cake from the filtration of

(T)

diethylphospYiorodithioic acid in the production of phorate.

KO4O  

Wastewater treatment sludge from the               

(T)

99—511

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

production

of phorate.

KO41  

Wastewater treatment sludge from the               

(T)

production of toxaphene.

KO98  

Untreated process wastewater from the              

CT)

production of toxaphene.

KO42  

Heavy ends or distillation residues from the          

CT)

distillation of tetrachlorobenzene in the production of 2,4,5—

T.

K043  

2,6-Dichlorophenol waste from the production          

(T)

of 2,4-D.

KO99  

Untreated wastewater from the production            

(1)

of 2,4—0.

K123  

Process 

wastewater (including supernates,

(T)

filtrates and washwaters) from the production of

ethylenebisdithiocarbamic acid and its salts.

K124  

Reactor vent scrubber water from the production        

(C,T)

of ethylenebisdithiocarbamic acid and its salts.

K125  

Filtration, evaporation and centnifugation           

CT)

solids from the production of ethylenebisdithiocarbamic acid

and its salts

K126  

Baghouse dust and floor sweepings in milling          

CT)

and packaging operations from the production or formulation of

ethylenebisdithiocarbamic acid and its salts.

Explosives:

KO44  

Wastewater treatment sludges from the              

(R)

manufacturing and processing of explosives.

K045  

Spent carbon from the treatment of wastewater         

(R)

containing explosives.

KO46  

Wastewater treatment sludges from the              

CT)

manufacturing, formulation and loading of lead—based initiating

compounds.

KO47  

Pink/red water from 

TNT

operations.               

CR)

Petroleum Refining:

KO48  

Dissolved air flotation CDAF) float from the          

CT)

petroleum refining industry.

KO49  

Slop oil emulsion 

solids from the petroleum

(T)

refining industry.

K050

Heat exchanger bundle cleaning sludge from

(T)

the petroleum refining industry.

K051  

API separator sludge from the petroleum            

(1)

refining industry.

KO52  

Tank bottoms (leaded) from the petroleum           

(T)

refining industry.

99—512

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Iron and Steel:

KO61   

Emission control dust/sludge from the primary         

(T)

production of steel in electric furnaces.

K052  

Spent pickle liquor generated by steel               

(C,T)

finishing operations of facilities within the iron and steel

industry (SIC Codes 331 and 332) (as defined in 35 Ill. Adm.

Code 720.110).

Primary Copper:

K064

Acid plant blowdown slurry or sludge resulting from the

thickening of blowdown slurry 

from

primary copper 

production.

Primary Lead:

KO65  

Surface impoundment solids contained in and dredged from

~irfaceimpoundments at primary lead smelting facilities.

Primary Zinc:

KO66

Sludge from treatment of process wastewater or acid plant

blowdown from primary zinc production.

Primary Aluminum:

KO88  

~pent potliners from primary aluminum reduction.        

flJ

Ferroall oys:

K090  

Emission control dust or sludge from ferrochromiumsilicon

production

KO91

Emission control dust or sludge from ferrochromium

~roduction

Secondary Lead:

KO69  

Emission control dust/sludge from secondary          

(T)

lead smelting.

K100  

Waste leaching solution from acid leaching           

(T)

of emission control dust/sludge from secondary lead smelting.

Veterinary Pharmaceuticals:

K084  

Wastewater treatment sludges generated             

(T)

during the production of veterinary pharmaceuticals from

arsenic or organo—arsenic compounds.

99—5 13

ILLINOIS REGiSTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

KiOl  

Distillation tar residues from the distillation        

(T)

of aniline—based compounds in the production of veterinary

pharmaceuticals from arsenic or organoarsenic compounds.

K1O2  

Residue from use of activated carbon for             

(T)

decolorization in the

production of veterinary pharmaceuticals

from arsenic or organo-arsenic compounds.

Ink Formulation:

KO86  

Solvent washes and sludges, caustic washes           

(T)

and sludges, or water washes and sludges from cleaning tubs and

equipment used in the formulation of ink from pigments, driers,

soaps and stabilizers containing chromium and lead.

Coking:

KO6O  

Ammonia still lime sludge from coking              

(T)

operations.

K087  

Decanter tank tar sludge from coking              

(T)

operations.

Source: Amended at 13 111. Req.    

effective

Section 721.133  Discarded Comr,iiercial Chemical Products, Off—

Specification Species, Container Residues and Spill

Residues Thereof.

The following materials or items are hazardous wastes if and when they are

discarded or intended to be discarded as described in Section

721.1O2(a)(2)(A), when they are mixed with waste oil or used oil or other

material and applied to the land for dust suppression or road treatment, when

they are otherwise applied to the land in lieu of their original intended use

or when they are contained in products that are applied to land in lieu of

their original intended use, or when, in lieu of their original intended use,

they are produced for use as (or as a component of) a fuel, distributed for

use as a fuel 

or burned as a fuel

a)  Any comercial chemical product, or manufacturing chemical

intermediate having the generic name listed in subsections Ce) or

Cf).

b)  Any off-specification commercial chemical product or manufacturing

chemical intermediate which, if it met specifications, would have the

generic name listed in subsections (e) or (f).

c)  Any residue remaining in a container or inner liner removed from a

container that has held any commercial chemical product or

manufacturing chemical intermediate having the generic name listed in

99—5 14

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

subsection (e), unless the container is empty as defined in Section

721. 107 (b) ( 3).

BOARD NOTE: Unless the residue is being beneficially used or reused,

or legitimately recycled or reclaimed, or being accumulated, stored,

transported or treated prior to such use, reuse, recycling or

reclamation, the Board considers the residue to be intended for

discard, and thus a hazardous waste. An example of a legitimate

reuse of the residue would be where the residue remains in the

container and the container is used to hold the same commercial

chemical product or manufacturing chemical intermediate it previously

held. An example of the discard of the residue would be where the

drum is sent to a drum reconditioner who reconditions the drum but

discards the residue.

d) Any residue or contaminated soil, water or other debris resulting

from the cleanup of a spill, into or on any land or water of any

commercial chemical product or manufacturing chemical intermediate

having the generic name listed in subsection Ce) or (f), or any

residue or contaminated soil, water or other debris resulting from

the cleanup of a spill, into or on any land or water, of any off—

specification chemical product or manufacturing chemical intermediate

which, if it met specifications, would have the generic name listed

in subsection (e) or Cf).

BOARD NOTE: The phrase “commercial chemical product or manufacturing

chemical intermediate having the generic name listed in 

...“

refers

to a chemical substance which is manufactured or formulated for

comercial or manufacturing use which consists of the coniiiercially

pure grade of the chemical, any technical grades of the chemical that

are produced or marketed, and all formulations in which the chemical

is the sole active ingredient. It does not refer to a material, such

as a manufacturing process waste, that contains any of the substances

listed in subsections (e) or (f). Where a manufacturing process

waste is deemed to be a hazardous waste because it contains a

substance listed in subsections (e) or (f), such waste will be listed

in either Sections 721.131 or 721.132 or will be identified as a

hazardous waste by the characteristics set forth in Subpart C.

e) The comercial chemical products, manufacturing chemical

intermediates or off-specification commercial chemical products or

manufacturing chemical intermediates referred to in subsections (a)

through Cd), are identified as acute hazardous waste (H) and are

subject to the small quantity exclusion defined in Section

721.105(e). These wastes and their corresponding EPA Hazardous Waste

Numbers are:

BOARD NOTE: For the convenience of the regulated community the

99—515

1LLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

primary hazardous properties of these materials have been indicated

by the letters T (Toxicity), and R (Reactivity). Absence of a letter

indicates that the compound only is listed for acute toxicity.

Ha z -

ardous Chemical

Waste Abstracts

No.  No.     

Substance

P023 107-20—0 Acetaldehyde, chloro—

P002 591-08—2 Acetamide, 

N—(aminothioxomethyl)-

P057 640-19-7 1\cetamide, 2-fluoro—

P058  62—74-8 Acetic acid, fluoro—, sodium salt

P002 591—08-2 1-Acetyl-2-thiourea

P003 107—02-8 Acrolein

P070 116-06-3 Aldicarb

P004 309-00-2 Aldrin

P005 107—18-6 Allyl alcohol

P006 20859—73—8 Aluminum phosphide (R,T)

P007 2763-96—4 5—(Aminomethyl )—3-isoxazolol

P008 504—24—5 4—Aminopyridine

P009 131-74-8 Amonium picrate (R)

P119 7803-55-6 

Ammoniuni vanadate

P099 506-61—6 

Argentate(1-), bis(cyano-C)—, potassium

POllP010P012POll

7778-39—41303—28-21303-28—21327—53—3ArsenicArsenicArsenicArsenic

oxideoxidepentoxiacid

H~AsOAsAsde22OO534

P012 1327-53—3 Arsenic trioxide

P038 692—42—2 Arsine, diethyl-

P036 696—28-6 Arsonous dichloride, phenyl -

P054 151—56—4 Aziridine

P067  75-55-8 Aziridine, 2—methyl

P013 542—62-1 Barium cyanide

P024 106-47-8 Benzenamine, 4—chioro-

P077 100-01—6 Benzenamine, 4-nitro-

P028 100-44-7 Benzene, (chloromethyl 

P042  51—43—4 1,2-Benzenediol, 4-1—hydroxy-2-(methylamino)ethyl-,

CR)—

P046 122—09-8 Benzeneethanamine, alpha, alpha-dimethyl-

P014

108-98-5 8enzenethioI

POOl P 81-81-2 2H—1-Benzopyran-2-one, 4-hydroxy-3—(3—oxo-1-

phenylbutyl)—, and salts, when present at

concentrations greater than 0.3

P028 100-44—7 Benzyl chloride

P015 7440—41-7 Beryllium

P017 598-31—2 Bromoacetone

P018

357—57-3 Brucine

99—516

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

P045 39196-18-4 2-Butanone, 3,3—dimethyl—1-(methylthio)—, 0—

methylamino)carbonyl oxime

P021 592-01-8 Calcium cyanide

P021P022 592—01-875-15-0 CalciumCarbon

disulfidecyanide

Ca(CN)2

P095

75-44-5 Carbonic dichloride

P023 107-20—0 Chloroacetaldehyde

P024 106—47-8 p-Chloroaniline

P026 5344—82—1 1-(o-Chlorophenyl )thiourea

P027 542 76—7 3—Chloropropionitrile

P029 544-92—3 Copper cyanide

P029 544-92-3 Copper cyanide CuCN

P030      

Cyanides (soluble cyanide salts), not otherwise

specified

P031 460-19-5 Cyanogen

P033 506-77-4 Cyanogen chloride

P033 506-77-4 Cyanogen chloride CNC1

P034 131-89-5 2—Cyclohexyl-4,6—dinitrophenol

P016 542—88-1 Dichloromethyl ether

P036 696—28-6 Dichlorophenylarsine

P037  60-57-1 Dieldrin

P038 692-42-2 Diethylarsine

P041 

311—45-5 

Diethyl-p—nitrophenyl phosphate

P040 

297-97-2 

O,O—Diethyl 0-pyrazinyl phosphorothioate

P043  55—91—4 Diisopropylfluorophosphate (DFP)

P004 309—00—2 1,4,5,8—Dimethanonaphthalene, 1,2,3,4,10,10—

hexachloro—1,4,4a,5,8,8a—hexahydro—, (lalpha, 4alpha,

4abeta, 5alpha, 8alpha, 8abeta)—

P060 465—73-6 1,4,5,8—Dimethanonaphthalene, 1,2,3,4,10,10-

hexachloro-1,4,4a,5,8,8a-hexahydro—, (lalpha, 4alpha,

4abeta, 5beta, 8beta, 8abeta)—

P037  60—57-1 2,7:3,6—Dimethanonaphth2,3—boxirene, 3,4,5,6,9,9—

hexachloro—la,2,2a,3,6,Sa,7,7a-octahydro—, (laal pha,

2beta, 2aalpha, 3beta, 6beta, 6aalpha, 7beta,

7aalpha)—

P051 P 72-20-8 2,7:3,6-Dimethanonaphth2,3-boxirene, 3,4,5,6,9,9-

hexachloro—la,2,2a,3,6,6a,7,7a—octahydro-, Claalpha,

2beta, 2abeta, 3al pha, 6al pha, 6abeta, 7beta,

7aalpha)-, and metabolites

P044

60-51-5 Dimethoate

P046

122-09—8 alpha, alpha-Dimethylphenethylamine

P047 P 534—52-1

4,6-Dinitro-o—cresol and salts

P048  51-28-5 2,4-Dinitrophenol

P020  88-85-7 Dinoseb

P085 

152-16-9 Diphosphoramide, octamethyl—

P111

107—49—3 Diphosphoric acid, tetraethyl ester

P039 298-04-4 Disulfoton

P049 541-53—7 Dithiobiuret

99—517

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

P050 

115-29—7 Endosul fan

P088 145-73—3 Endothall

P051  72-20—8 Endrin

P051

72-20-8 Endrin, and metabolites

P042  51-43-4 Epinephrine

P031 460-19—5 Ethanedinitrile

P066 16752—77-5 Ethanimidothioic acid, N—

(methylamino)carbonyI1oxy~-,

methyl ester

P101 107-12-0 Ethyl cyanide

P054 151-56—4 

Ethylenimine

P097  52—85-7 Famphur

P056 7782—41-4 

Fluorine

P057

640-19-7 Fluoroacetamide

P058

62-74-8 Fluoroacetic acid, sodium salt

P065 628-86—4 

Fulniinic acid, mercury (2+) salt (R,T)

P059  

76—44-8 

Heptachlor

P062

757-58-4 Hexaethyl tetraphosphate

P116  79-19—6 Hydrazinecarbothioamide

P068  60-34-4 Hydrazine, methyl—

P063  74-90-8 Hydrocyanic acid

P063  74-90—8 Hydrogen cyanide

P096 7803-51-2 Hydrogen phosphide

P060 465-73—6 

Isodrin

P007 2763-96-4 3(2H)-Isoxazolone, 5-(aminomethyl)—

P092  

62-38—4 

Mercury, (acetato-O)phenyl-

P065 628-86-4 Mercury fulminate (R,T)

P082  62-75-9 Methanamine, N-methyI-N-nitroso-

P064 624-83-9 Methane, isocyanato-

P016 542-88-1 Methane, oxybischloro-

P112 509—14—8 Methane, tetranitro- (R)

P118  

75-70—7 

Methanethiol, trichIoro-

P050 115-29-7 6,9-Methano—2,4,3-benzodioxathiepen, 6,7,8, 9,10,10—

hexachloro—1,5,5a,6,9,9a-hexahydro-, 3-oxide

P059  76-44-8 4,7-Methano-1H-indene, 1,4,5,6, 7,8,8-heptachl oro—

3a,4,7 ,7a-tetrahydro—

P066 16752-77-5 1’•lethomyl

P068  60-34—4 Methyl hydrazine

P064 624-83-9 Methyl isocyanate

P069  75-86—5 2-Methyllactonitrile

P071 298-00-0 Methyl parathion

P072  86-88—4 alpha—Naphthylthiourea

P073 13463-39—3 Nickel carbonyl

P073 13463—39-3 Nickel carbonyl Ni(C0)4, (T-4)—

P074 557—19—7 Nickel cyanide

P074P075

P

557—19—754—11—5 NickelNicotine,cyanideand

salts

Ni (CM)2

P076 10102—43—9 Nitric oxide

P077 100—01-6 p—Nitroaniline

99 —5 18

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

P078 10102—44-0 Nitrogen dioxide

P076 10102—43-9 Nitrogen oxide NO

P078 10102-44-0 Nitrogen oxide 

P081  55—63-0 Nitroglycerine (R

P082  62-75-9 N-Nitrosodimethylamine

P084 4549-40-0 N-Nitrosomethylvinylamine

P085 152—16-9 Octamethyl pyrophosphoramide

P087 20816—12—0 Osmium oxide OsO4, (T-4)-

P087 20816—12-0 Osmium tetroxide

P088 145—73—3 7-Oxabicyclo2.2.1heptane-2,3-dicarboxylic acid

P089  56—38-2 Parathion

P034 131-89-5 Phenol, 2-cyclohexyl—4,6-dinitro-

P048  51—28—5 Phenol, 2,4—dinitro-

P047 P 534-52-1 Phenol , 2—methyl -4,6—dinitro—, and salts

P020  88—85—7 Phenol, 2—(1-methylpropyl)-4,6-dinitro—

P009 131—74—8 Phenol, 2,4,6—trinitro-, ammonium salt CR)

P092  62-38—4 Phenylmercury acetate

P093 103-85—5 Phenylthiourea

P094 298—02—2 Phorate

P095  75-44-5 Phosgene

P096 7803—51—2 Phosphine

P041  311—45—5 Phosphoric acid, diethyl 4—nitrophenyl ester

P039 298—04—4 Phosphorodithioic acid, O,0-diethyl S-2-

(ethylthio)ethyl ester

P094 298-02—2 Phosphorodithioic acid, O,0—diethyl 5-

(ethyl thio)niethyl ester

P044  60-51-5 Phosphorodithioic acid, 0,0-dimethyl S-2-

(methylamino)-2-oxoethyl ester

P043  55-91-4 Phosphorofluoridic acid, bis(1—methylethyl )ester

P089  56-38-2 Phosphorothioic acid, 0,O—diethyl O-(4-nitrophenyl)

ester

P040 297—97-2 Phosphorothioic acid, 0,0-diethyl 0-pyrazinyl ester

P097  52—85—7 Phosphorothioic acid, 0—4-

(dimethylamino)sulfonyl )phenyl 0,O-dimethyl ester

P071 298-00—0 Phosphorothioic acid, 0,O-dimethyl O-(4-nitrophenyl)

ester

P110  78-00-2 Plumbane, tetraethyl—

P098 151-50-8 Potassium cyanide

P098 151—50—8 Potassium cyanide 

KCN

P099 506-61—6 Potassium silver cyanide

P070 116-06—3 Propanal, 2-methyl-2—(methylthio)-, 0-

(methylamino)carbonyl oxime

P101 107—12—0 Propanenitrile

P027 542—76—7 Propanenitrile, 3—chloro—

P069  

75-86—5 Propanenitrile, 2-hydroxy-2—methyl-

P081  55—63—0 1,2,3—Propanetriol, trinitrate— CR)

P017 598-31-2 2—Propanone, 1—bromo-

P102 107-19—7 Propargyl alcohol

99—519

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

P003 107-02-8 2—Propenal

P005 107—18—6 2-Propen—1—ol

P067  75—55—8 1,2—Propylenimine

P102 107—19—7 2-Propyn—1—ol

P008 504-24-5 4-Pyridinamine

P075 P 54—11-5 Pyridine, 3—(1—methyl-2-pyrrolidinyl)—, (S)— and

sal ts

P114 12039-52—0 Selenious acid, dithallium (1+) salt

P103 630-10—4 Selenourea

P104 506—64-9 Silver cyanide

P104 506-64-9 Silver cyanide AgCN

P105 26628-22-8 Sodium azide

P106 143—33-9 Sodium cyanide

P106 143—33—9 Sodium cyanide NaCN

P1~Q~~l4——l StFeRt~e~sb444de

P~9~~4——~ 

St~ent4~w~sbI4~e ~FS-

P108 P 57-24—9 Strychnidin—lO—one, and salts

P018 357-57-3 Strychnidin—1O-one, 2,3-dimethoxy-

P108 P 57-24-9 Strychnine and salts

P115 7446—18—6 Sulfuric acid, dithallium (1+) salt

P109 3689-24—5 Tetraethyldithiopyrophosphate

P110  78—00-2 Tetraethyl lead

P111 107-49-3 Tetraethyl pyrophosphate

P112 509—14-8 Tetranitromethane (R)

P062 757-58-4 Tetraphosphoric acid, hexaethyl ester

P113 1314-32—5 Thallic oxide

P113 1314—32-5 Thallium oxide 1120

P114 12039-52-0 Thallium (I) seleni~e

P115 7446—18-6 Thallium (I) sulfate

P109 3689-24-5 Thiodiphosphoric acid, tetraethyl ester

P045 39196-18-4 Thiofanox

P049 541-53—7 Thioimidodicarbonic diamide CH2N)C(S)2NH

P014 108—98-5 Thiophenol

P116  79—19-6 Thiosemicarbazide

P026 5344-82-1 Thiourea, (2-chlorophenyl)-

P072

86—88-4 Thiourea, 1-naphthalenyl -

P093 103—85—5 Thiourea, phenyl—

P123 8001-35-2 Toxaphene

P118  75—70—7 Trichloromethanethiol

P119 7803-55-6 Vanadic acid, 

aminonium

salt

P120P120 1314-62-11314-62-1 

VanadiumVanadium

pentoxi8eoxide

V205

P084 4549—40-0 Vinylamine, N—methyl-N—nitroso-

POOl P 81—81-2 Warfarin, and salts, when present at concentrations

greater than 0.3.

P121 557—21—1 Zinc cyanide

P121 557—21—1 Zinc cyanide Zn(CN)

P2’

2

when present at concentrations

P122 1314—84—7 Zinc phosphide

99—520

Zn3

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

greater than 10 (R,T)

f)  The commercial chemical products, manufacturing chemical

intermediates or off-specification comercial chemical products

referred to in subsections (a) through (d), are identified as toxic

wastes (T) unless otherwise designated and are subject to the small

quantity exclusion defined in Section 721.105(a) and (g). These

wastes and their corresponding EPA Hazardous Waste Numbers are:

BOARD NOTE: For the convenience of the regulated community, the

primary hazardous properties of these materials have been indicated

by the letters T (Toxicity), R (Reactivity), I  (Ignitability) and C

(Corrosivity). Absence of a letter indicates that the compound is

only listed for toxicity.

Ha z 

ardous Chemical

Waste Abstracts

No.  No.     

Substance

U001  75-07-0 Acetaldehyde CI)

U034  75—87—6 Acetaldehyde, trichloro—

U187  62—44—2 Acetamide, N—(4—ethoxyphenyl 

UOO5  53-96-3 Acetamide, N—9H-fluoren-2—yl-

U240 P 94—75—7 Acetic acid, (2,4—dichloropherioxy)—, salts and esters

U112 141—78-6 Acetic acid, ethyl ester CI)

U144 301—04—2 Acetic acid, lead (2+) salt

U214 563—68-8 Acetic acid, thallium (1+) salt

See

F207  93—76—5 Acetic acid, (2,4,5-trichlorophenoxy)—

U002  67-64-1 Acetone (I)

UOO3  75—05—8 Acetonitrile (I,T)

U004  98-86-2 Acetophenone

UOO5  53—96—3 2—Acetylaminofluorene

UOO6  75-36-5 Acetyl chloride (C,R,T)

UOO7  79—06—1 Acrylamide

U008  79-10-7 Acrylic acid (I)

U009 107—13—1 Acrylonitrile

UO11  61-82-5 Amitrole

UO12  62-53—3 Aniline (1,1)

U136  75-60—5 Arsinic acid, dimethyl-

U014

492-80-8 Auramine

UO15 115-02-6 Azaserine

UO1O  50-07—7 Azirino2’,3’:3,4pyrrolo1,2—aindole—4,7-dione,  

6—

amino—8—(aminocarbonyl)oxymethyl—1,la,2,8,8a,8b—

hexahydro-Ba-methoxy-5-methyl-, la—S-(laalpha,

8beta, 8aalpha, 8balpha)—

U157  56—49—5 Benzjaceanthrylene, 1,2—dihydro-3—methyl-

99—521

ILLINOIS REGISTER

POLLUTiON CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

UO16 225—51-4

UO17  98-87-3

U192 23950-58-5

UO18  56—55—3

U094  57-97-6

UO12  62-53-3

U014 492-80-8

UO49 3165—93-3

U093  60—11—7

U328  95-53—4

U353 106-49—0

U158 101 -14—4

U222 636-21—5

U181  99—55—8

UO1Y  71-43-2

UO38 510-15—6

U030 101 -55—3

UO35 305—03-3

UO37 108-90—7

U221 25376-45-8

U028 117-81—7

UO69  84-74-2

U088  84-66-2

U1O2 131—11-3

U107 117-84-0

U070  95-50-1

UO71 541 -73—1

UO72 106-46-7

UO6O  72-54-8

UO17  98-87-3

U223 26471—62-5

U239 1330-20-7

L1201  108-46-3

U127 118—74—1

UO56 110-82-7

U22O 108-88-3

U105 121—14—2

0106 606-20-2

U055  98-82 -8

U169  98-95-3

U183 608-93-5

U185  82-68-8

U020  98-09—9

UO2O  98-09-9

U2O7  95-94-3

UO51  50-29-3

BenzCc)acridine

Benzal chloride

Benzamide, 3,5-dichloro-N-(1,1—dimethyl—2-propynyl )—

Benzaanthracene

Benzaanthracene, 7,12-ciimethyl-

Benzenamine (I,T)

Benzenamine, 4,4 ‘—carbonimidoylbisN,N—dimethyl--

Benzenaniine, 4—chloro-2-methyl-, hydrochloride

Benzenamine, N,N—dimethyl—4—(phenylazo)—

Benzenamine, 2—methyl-

Benzenomine, 4-methyl-

Benzenamine, 4,4’—rnethylenebis2-chloro-

Benzenamine, 2-methyl-, hydrochloride

Benzenarnine, 2—methyl-5-nitro-

Benzene (I,T)

Benzeneacetic 

acid, 4—chloro—al pha—(4—chlorophenyl )—

alpha-hydroxy—, ethyl ester

Benzene, 1-bromo-4-phenoxy-

Benzenebutanoic acid, 4—bis(2-chloroethyl )aminoj—

Benzene, chloro—

Benzenediamine, ar—methyl—

1,2—Benzenedicarboxylic acid, bis(2—ethylhexyl) ester

1,2—Benzenedicarboxylic acid, dibutyl ester

1,2—Benzenedicarboxylic acid, diethyl ester

1,2—Benzenedicarboxylic acid, dimethyl ester

1,2—Benzenedicarboxylic acid, dioctyl ester

Benzene, 1,2-dichloro-

Benzene, 1,3—dichloro-

Benzene, 1,4-dichloro-

Benzene, 1,l’—(2,2—dichloroethylidene)bis4—chloro—

Benzene, (dichloromethyl )—

Benzene, 1,3-diisocyanatomethyl- CR,T)

Benzene, dimethyl— (I,T)

1, 3—Ben zenediol

Benzene, hexachloro-

Benzene, hexahydro— (I)

Benzene, methyl-

Benzene, 1-methyl—2,4—dinitro—

Benzene, 2-methyl—1,3-dinitro-

Benzene, (1-methylethyl)— (I)

Benzene, nitro-

Benzene, pentachloro-

Benzene, pentachloronitro-

Benzenesulfonic acid chloride (C,R)

Benzenesulfonyl chloride (C,R)

Benzene, 1,2,4,5—tetrachloro—

Benzene, 1,1’-(2,2,2—trichloroethylidene)bis4—

chloro-

99—522

ILLINOIS_REGISTER

U023

U 234

U 021

U202 P

0203

U141

U 090

U 064

U248 P

0022

U 197

U 023

U 085

U 021

U 073

U 091

U095

U 225

U030

0128

U 172

U 031

U159

U 160

U053

U 074

U143

U 031

Ui 36

0032

0238

0178

0097

0114

0215

U 033

0156

0033

98-07-7

99-35 -4

92—87—5

81 -07-2

94 -5 9—7

120-58—1

94-58-6

189—55—9

81-81-2

50-32-8

106—51—4

98-07 -7

1464-53-5

92-87-5

91-94-i

119—90—4

119—93—7

75- 25—2

101-55—3

87-68-3

924—16—3

71—36-3

78-93 -3

1338—23-4

4170-30-3

764—41—0

303 -34-4

71—36—3

75—60—5

13 765—19—0

51-79—6

6 15-53-2

79—44-7

P 111-54-6

6533—73-9

353-50-4

79-22—1

3 53—50—4

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

U247  72—43—5 Benzene, 1,1’-(2,2,2-trichloroethylidene)bis4—

methoxy-

Benzene, (trichloromethyl 

)—

Benzene, 1,3,5—trinitro—

Benzidene

1,2-Benzisothiazol-3(2H)—one, 1,1—dioxide, and salts

1,3-Benzodioxole, 5—(2—propenyl)-

1,3-Benzodioxole, 5—(l—propenyl)-

1,3-Benzodioxole, 5-propyl-

Ben zorstpentaphene

2H-1—Benzopyran-2-one, 4-hydroxy-3-(3-oxo—i-

phenylbutyl)-, and salts, ~hen present at

concentrations of 0.3 or less

Berizoapyrene

p—Ben zoqui none

Benzotrichloride (C,R,T)

2,2’ —Bioxi rane

1,1 ‘—Biphenylj—4,4’—diamine

1,1 ‘—Biphenyl-4,4’—diamine, 3,3’-dichloro—

1,1 ‘—Biphenyl-4,4’—diamine, 3,3’-dimethoxy—

1,1’ -Biphenyl—4,4’ -diamine, 3,3 ‘—dimethyl—

Bromoform

4—Bromophenyl phenyl ether

1,3-Butadiene, 1,1,2,3,4,4-hexachloro-

1—Butanamine, N-butyl—N-nitroso—

1—Butanol (I)

2-Butanone (I,T)

2-Butanone, peroxide (R,T)

2—Butenal

2—Butene, 1,4—dichloro— (1,1)

2—Butenoic acid, 2—methyl-, 7—2,3-dihydroxy—2-(1-

methoxyethyl )-3-methyl-1-oxobutoxymethyl-2,3,5,7a-

tetrahydro-1H—pyrrol i zin-l—yl ester, 1S—lal pha (Z),

7(2S*,3R*), 7aalphaJ—

rt-Butyl alcohol (I)

Cacodylic acid

Calcium chromate

Carbamic acid, ethyl ester

Carbamic acid, methylnitroso-, ethyl ester

Carbamic chloride, dimethyl-

Carbamodithioic acid, 1,2—ethanediylbis-, salts and

esters

Carbamothioic acid, bis(1—methylethyl)—, S—(2,3—

dichloro—2-propenyl) ester

Carbonic acid, dithallium (1+) salt

Carbonic difluoride

Carbonochloridic acid, methyl ester (I,T)

Carbon oxyfluoride (R,T)

0062 2303—16-4

99—52 3

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

U211  56-23—5 Carbon tetrachloride

0034  75—87—6 Chloral

U035 305-03—3 

Chlorambucil

0036  57-74-9 Chlordanealpha and gamma isomers

UO26 494-03—1 Chlornaphazin

U037 108—90-7 Chlorobenzene

UO38 510—15—6 Chlorobenzilate

0039  59-50-7 p-Chloro-m—cresol

0042 110-75-8 2-Chloroethyl vinyl ether

U044  67—66—3 Chloroform

U046 107-30-2 Chloromethyl methyl ether

U047  91-58-7 beta-OH oronaphthal ene

U048  95-57-8 o—Chlorophenol

0049 3165—93-3 4-Chloro-o-toluidine, hydrochloride

U032 13765-19—0 

Chromic acid H2CrO4, calcium salt

UO5O 218-01—9 Chrysene

U051      

Creosote

0052 1319-77-3 Cresol (Cresylic acid)

0053 4170-30-3 Crotonaldehyde

0055  98-82—8 Cumeme (I)

U246

506—68—3 Cyanogen bromide CNBr

U197 106-51—4 2,5-Cyclohexadiene-1,4—dione

U056 110-82—7 Cyclohexane (I)

U129  58—89—9 Cyclohexane, 1,2,3,4,5,6—hexachloro—,

(lalpha,2alpha,3beta,4alpha,5alpha,6beta)—

U057 108-94—1 Cyclohexanone (I)

U130  77—47-4 1,3—Cycl opentadiene, 1,2,3,4,5,5—hexachloro—

U058  50-18-0 Cyclophosphamide

U24O P 94-75—7 2,4—D, salts and esters

0059 20830—81—3 Daunomycin

U060  72-54-8 ODD

0061  50-29—3 DDT

U062 2303-16—4 

Diallate

U063  53—70—3 Dibenza,hanthracene

U064 189—55—9 Dibenzoa,ipyrene

U066  96-12—8 1,2—Dibromo-3-chloropropane

U069  84-74-2 Dibutyl phthalate

U070  95—50—1 o-Dichlorobenzene

UO71 541-73—1 m-Dichlorobenzene

U072 106-46-7 p-Dichlorobenzene

0073

91-94-1 

3,3’-Dichlorobenzidine

UO74 764-41-0 1,4-Dichloro-2—butene (I,T)

UO75  75-71—8 Dichlorodifluoromethane

U078

75—35—4 1,1-Dichloroethylene

UO79 156-60—5 1,2—Dichloroethylene

0025 111-44—4 Dichloroethyl ether

UO27 

108—60-1 Dichloroi sopropyl ether

U024 111-91—1 

Dichloromethoxy ethane

99—52 4

ILLINOIS

REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

2,4-Dichl orophenol

2,6—Di chl orophenol

1,3—Dichl oropropene

1,2:3,4-Diepoxybutane (1,T)

1,4—Diethyl eneoxide

Diethyl hexyl phthal ate

N,N ‘-Diethylhydrazine

O,O—Diethyl S-methyl dithiophosphate

Diethyl phthalate

Diethyl sti 1 bestrol

Di hydrosaf role

3,3 ‘—Dimethoxybenzidine

Dimethylamine (I)

p—Dimethylaminoazobenzene

7, 12—Dimethyl benzaanthracene

3,3’—Dimethylbenzidine

alpha, alpha—Dimethylbenzylhydroperoxide (R)

Dimethylcarbamoyl chloride

1,1—Dimethyl hydrazine

1,2—Dimethyl hydrazine

2,4—Di methyl phenol

Dimethyl phthalate

Dimethyl sulfate

2,4-Dinitrotol uene

2,6—Dinitrotol uene

Di—n—octyl phthalate

I ,4—Di oxane

1, 2-Di phenyl hydrazine

Dipropylamine (I)

Di —n-propyl ni trosami ne

Epichl orohydrin

Ethanal (1)

Ethanamine, N-ethyl-N—nitroso—

1,2-Ethanediamine, N,N-dimethyl-N’-2—pyridinyl-N’—(2-

thienylinethyl 

)—

Ethane, 1,2—dibromo-

Ethane,

Ethane,

Ethane,

Ethane,

Ethane,

Ethane,

Ethane,

Ethane,

Ethane,

Ethanethioamide

Ethane, 1,1,1—trichloro—

Ethane, i,1,2—trichloro-

0081

0082

0084

085

UI 08

U 028

U 086

U 087

U 088

0089

U090

U091

0092

U 093

U 094

0095

0096

U 097

0098

U 099

U 101

0102

U 103

0105

0106

U 107

0108

U 109

0110

Ulil

U 041

U 001

0174

Ui55

0067

0076

U077

0131

U 024

0117

U 025

0184

0208

U 209

U 218

0226

0227

120 -83-2

87-65-0

542—75-6

1464—53-5

123 —91—1

117-81-7

1615-80-1

32 88-58-2

84—66-2

56—53-1

94-58-6

119-90-4

124-40—3

60—11—7

57-97—6

119—93—7

80-15 -9

79—44-7

5 7-14-7

540-73-8

105—67—9

131-11-3

7 7—78—1

121-14—2

606-20-2

117—84-0

123-91-1

122 -66—7

142—84-7

621 -64—7

106-89—8

75 —07—0

55-18-5

91 -80-5

106-93-4

75—34-3

10 7-06-2

67—72—1

111-91—i

60 -2 9-7

111-44 -4

76-01-7

6 30-20-6

79-34-5

62-55-5

71-55-6

7 9-00—5

1, 1—dichloro—

1,2—dichloro-

hexachloro—

1,1’—methylenebis(oxy)bis2—chloro-

1,1’—oxybis— (I)

1,1 ‘—oxybis2—chloro—

pentachloro-

i,1,1,2—tetrachloro—

1, 1, 2, 2-tetrachloro-

99—525

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED 

AMENDMENTS

U 359

0173

U 004

0043

0042

U 078

0079

0210

U 228

0112

Ui 13

0238

0117

0114

0067

U 077

U 359

U115

0116

0076

0118

U119

0120

0122

U 123

U124

0125

0147

0213

U 125

U 124

0206

0126

U 163

0127

U 128

0130

0131

0132

0243

133

0086

U 098

U099

0109

110-80—5

1116—54—7

98- 86-2

75-01-4

110—75 —8

75-35-4

156-60—5

127- 18—4

79-01-6

141 -78-6

140-88-5

51-79-6

60-29—7

111—54—6

106-93-4

107- 06-2

110-80-5

75—21—8

96-45-7

75-34-3

97-63—2

62-50—0

2 06-44-0

50-00-0

64-18—6

110-00-9

98-01-1

108—31-6

109 —9 9—9

98-01-1

110-00—9

18883-66-4

765-34—4

70—25 —7

118-74—1

87 -68-3

7 7-47—4

67-72-1

70- 30-4

1888-71-7

3 02-01-2

1615-80—1

57- 14—7

540-73-8

122—66—7

1 ,2—diethyl 

—

1,1—dimethyl 

—

1,2—diinethyl 

1,2-diphenyl 

P

Ethanol, 2—ethoxy—

Ethanol, 2,2’—(nitrosoimino)bis—

Ethanone, 1-phenyl-

Ethene, chloro-

Ethene, (2—chloroethoxy)-

Ethene, 1,1—dichloro-

Ethene, 1,2—dichloro-, (E)—

Ethene, tetrachloro—

Ethene, trichloro—

Ethyl acetate 

CI)

Ethyl acrylate (I)

Ethyl carbamate (urethane)

Ethyl ether

Ethylenebisdithiocarbamic acid, salts and esters

Ethylene dibromide

Ethylene dichloride

Ethylene glycol monoethyl ether

Ethylene oxide (I,T)

Ethylenethiourea

Ethylidene dichloride

Ethyl methacrylate

Ethyl methanesulfonate

Fl uoranthene

Formaldehyde

Formic acid (C,T)

Furan (I)

2-Furancarboxaldehyde (I)

2,

5—Furandione

Furan, tetrahydro— CI)

Furfural CI)

Furfuran (I)

Glucopyranose, 2-deoxy-2-(3-methyl—3—nitrosoureido)-,

0-Glucose, 2—deoxy-2-(methylnitrosoamino)—

carbonyl amino3-

Glycidyl aldehyde

Guanidine, N—methyl-N’—nitro—N—nitroso—

Hexachlorobenzene

Hexachlorobutadiene

Hexachlorocyclopentadiene

Hexachloroethane

Hexachl orophene

Hexachl oropropene

Hydrazine (R,T)

Hydrazi ne,

Hydra z i n e,

Hydrazi ne,

Hydrazine,

U2O6 18883-66-4

99—526

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

U134 7664—39—3 Hydrofluoric acid (C,T)

U134 7664-39-3 Hydrogen fluoride (C,T)

U135 7783-06-4 Hydrogen sulfide

U135 7783—06-4 Hydrogen sulfide H2S

U096  80-15-9 Hydroperoxide, 1—methyl-1-phenylethyl— CR)

U116  

96—45—7 

2—Imidazolidinethione

U137 193—39—5 Indenol,2,3—cdpyrene

~4~9 9Q@4—~—41PeA ~eMtFaA-

0190  85—44-9 1,3—Isobenzofurandione

U140  78—83-1 Isobutyl alcohol CI,T)

0141 120—58-1 Isosafrole

0142 143-50-0 Kepone

U143 303-34-4 Lasiocarpene

U144 301—04—2 Lead acetate

U146 1335-32—6 Lead, bis(acetato-O)tetrahydroxytri—

0145 7446-27-7 Lead phosphate

U146 1335-32-6 Lead subacetate

U129  58—89-9 Lindane

U163  70—25—7 MNNG

U147 108-31-6 Maleic anhydride

U148 123—33—1 Maleic hydrazide

U149

109-77-3 Malononitrile

U150 148-82-3 Mel phalan

0151 7439-97-6 Mercury

U152 126-98—7 Methacrylonitrile (I,T)

0092 124—40-3 Methanamine, 

N-methyl- (I)

U029  74-83-9 Methane, bromo—

U045  74—87-3 Methane, chloro— (I,T)

U046 107-30—2 Methane, chloromethoxy—

UO68  74—95-3 Methane, dibromo-

UO8O  75-09-2 Methane, dichloro-

U075  75-71—8 Methane, dichlorodifluoro—

0138  74-88-4 Methane, iodo-

0119  62-50—0 Methanesulfonic acid, ethyl ester

U211  56-23-5 Methane, tetrachloro-

U153  

74—93—1 Methanethiol (I,T)

U225  75-25-2 Methane, tribromo-

U044  67-66-3 Methane, trichloro—

U12i  75-69-4 Methane, tricrilorofluoro-

U036  57-74—9 4,7—Methano—1H—indene, 1,2,4,5,6,7,8,8-octachloro—

2, 3,3a,4, 7,7a—hexahydro-

U154  67-56-1 Methanol (I)

0155  91-80—5 Methapyrilene

U142 143-50-0 l,3,4-Metheno-2H-cyclobutacdpentalen—2—one,

1, la ,3, 3a ,4, 5, 5, 5a 

Sb, 6—decac hl orooctahydro-

U247  72-43-5 Methoxychlor

U154  67—56—1 Methyl alcohol (I)

U029  74-83-9 Methyl bromide

99—527

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

U186 504-60-9 1-Methylbutadiene (I)

UO45  74-87-3 Methyl chloride (I,T)

U156  79—22-1 Methyl chlorocarbonate (I,T)

U226  71-55-6 Methylchloroform

U157  56-49—5 3-Methylcholanthrene

0158 101-14—4 4,4’-Methylenebis(2-chloroaniline)

U068  74—95—3 Methyl ene bromide

U080  75-09-2 Methylene chloride

U159  78-93—3 Methyl ethyl ketone (MEK) (I,T)

U16O 1338-23—4 Methyl ethyl ketone peroxide (R,T)

U138  74—88-4 Methyl iodide

0161 108—10-1 Methyl isobutyl ketone (1)

Ui62  80—62-6 Methyl niethacrylate (I,T)

U161 108—10-1 

4—Methyl-2-pentanone (I)

U164  56—04-2 Methylthiouracil

UO1O  

50-07-7 

Mitomycin C

0059 20830-81-3 5,12-Naphthacenedione, 8-acetyl-1O-(3-amino-2,3,6-

trideoxy)-alpha-L—lyxo-hexapyranosyl)oxyl-7,8,9,10—

tetrahydro-6,8,11—trihydroxy—1—methoxy—, (8S—cis)—

U167 134—32—7 1-Naphthalenamine

U168  91-59-8 2-Naphthalenamine

0026 494—03-1 Naphthaleneamine, N,N’—bis(2—chloroethyl)-

U165  91-20-3 Naphthalene

0047  91—58—7 Naphthalene, 2-chloro—

U166 130-15-4 1,4-Naphthalenedione

U236  72—57—1 2,7—Naphthalenedisulfonic acid, 3,3’—(3,3’—dimethyl-

1,i’—biphenyl—4,4’—diyl )bis(azo)bis5—amino—4—

hydroxy—, tetrasodium salt

0166 130-15-4 1,A4taphthoquinone

0167

134—32-7 alpha—Naphthylamine

0168  91-59-8 beta-Naphthylamine

U217 10102—45—1 Nitric acid, thallium (1+) salt

0169  98—95-3 Nitrobenzene (I,T)

0170 100-02-7 p—Nitrophenol

0171  79—46—9 2—Nitropropane (1,1)

U172 924-16-3 N-Nitrosodi—n-butylamine

U173 1116-54-7 N—Mitrosodiethanol 

amine

Ui74  

55-18-5 

N-Nitrosodiethylamine

U176 759-73—9 N—Nitroso-N—ethylurea

0177 684—93—5 N—Nitroso-M—methylurea

U178 615-53-2 N-Nitroso-N-methylurethane

U179 100-75-4 N-Mitrosopiperidine

0180 930—55-2 N-Nitrosopyrrolidine

U181

99-55-8 5-Nitro-o-toluidine

U193 1120—71—4 1,2—Oxathiolane, 2,2—dioxide

U058  50-18—0 2H—1,3,2—Oxazaphosphorin-2—amnine, N,N—bis(2—

chloroethyl)tetrahydro-, 2-oxide

U115  75—21-8 Oxirane (I,T)

99—528

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

U126 765-34—4 Oxiranecarboxyaldehyde

0041 106—89-8 Oxirane, (chloromethyl)—

U182 123-63—7 

Paraldehyde

U183 608-93-5 Pentachlorobenzene

U184  76-01-7 Pentachloroethane

U185  

82-68-8 

Pentachloronitrobenzene (PCNB)

See

FO27  87—86—S Pentachlorophenol

0161 108-10—1 Pentanol, 4—methyl—

U186 504—60-9 1,3-Pentadiene (I)

U187  62-44—2 Phenacetin

U188 108-95—2 Phenol

UO48  95-57—8 Phenol, 2—chloro—

0039

59-50—7 Phenol 

, 4-chloro-3-methyl -

UO81 

120-83-2 Phenol, 2,4-dichloro—

U082  87—65—0 Phenol, 2,6-dichloro—

UO89  56—53—1 Phenol, 4,4’—(1,2-diethyl—1,2—ethenediyl)bis—, (E)—

UlOl 105—67—9 Phenol, 2,4-dimethyl-

U052 1319—77—3 Phenol, methyl—

U132  70-30—4 Phenol, 2,2’—methylenebis3,4,6-trichloro-

U170 100—02-7 Phenol, 4-nitro-

See

F027  87-86-5 Phenol 

pentachloro-

See

F027  58-90-2 Phenol, 2,3,4,6-tetrachloro-

See

FO27  95—95-4 Phenol 

2,4,5-trichloro-

See

F027  88-06-2 Phenol 

2,4,6—trichloro—

U150 148-82—3 L—Phenylalanine, 4—bis(2—chloroethyl)amino—

U145 7446—27—7 Phosphoric acid, lead (2+) salt (2:3)

UOB7 3288-58-2 Phosphorodithioic acid, 0,O-diethyl S-methyl ester

U189 1314—80—3 Phosphorus sulfide (R)

U190  85-44-9 Phthal ic anhydride

U191 109—06—8 2-Picol me

U179 100-75—4 Piperidine, 1-nitroso-

U192 23950—58-5 

Pronamide

U194 107-10-8 1-Propanamine (I,T)

Ulli 621-64—7 1—Propanamine, N—nitroso-N—propyl 

—

U11O 142—84—7 1—Propanamine, N—propyl- (I)

U066  96-12-8 Propane, 1,2—dibromo-3-chloro—

UO83  78-87—5 Propane, 1,2—dichloro-

0149 109-77-3 Propanedinitrile

U171  79—46—9 Propane, 2-nitro- (I,T)

0027 108—60—1 Propane, 2,2’—oxybis2-chloro—

See

FO27  93-72-1 Propanoic acid, 2—(2,4,5-trichlorophenoxy)—

U193 1120—71-4 1,3—Propane sultone

99—52 9

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

0235

0140

U 002

0007

U 084

0243

U009

Ui 52

0008

U113

0118

0152

See

F 027

0194

U 083

U 148

0196

Ui 91

0237

U164

U 180

U 200

0201

0202 P

0203

0204

0204

U 205

U 205

0015

See

027

0206

0103

Ui 89

See

FO27

0207

U 208

U 209

0210

See

F 027

U 213

U 214

U215

542—75-6

1888-71-7

107-13-1

126-98-7

79—10-7

140 -88-5

97-63-2

83-62-6

93—72—i

107-10—8

78-87 -5

12 3—33—1

110-86-1

109—06—8

66-75—1

58-04-2

9 30-55—2

50—55-S

108-46-3

81-07-2

94-59-7

7 783-00-8

7183-00-8

7488—56 -4

7488-56-4

115—02—6

93-72-1

18883-66-4

77—78—1

1314-80-3

93—76—5

95-94-3

630-20-6

7 9-34—5

127—18-4

S8-90-2

109-99—9

563 -6 8-8

6533—73-9

126—72—7 1—Propanol 

2,3-dibromno—, phosphate (3:1)

78-83-1 I-Propanol, 2—methyl- (I,T)

67—64—1 

2—Propanone (I)

79-06—012—P ropenami de

1—Properie, i,3-dichloro—

1—Propene, 1,1,2,3,3,3—hexachloro-

2—Propenenitri I e

2—Propenenitrile, 2-methyl- (I,T)

2-Propenoic acid (I)

2-Propenoic acid, ethyl ester (I)

2-Propenoic acid, 2—methyl-, ethyl ester

2—Propenoic acid, 2—methyl-, methyl ester (1,T)

Propionic acid, 2—(2,4,5—trichlorophenoxy)—

n—Propylamine (l,T)

Propylene dichloride

3,6-Pyridazinedione, 1,2—dihydro—

Pyridine

Pyridine, 2—methyl-

2,4—(1H,3H)—Pyrimidinedione, 5-bis(2-

chloroethyl )amino—

4(1H)—Pyrimidmnone, 2,3—dihydro-6—niethyl -2—thioxo—

Pyrrolidine, 1—nitroso-

Reserpi ne

Resorci nol

Saccharin and salts

Saf role

Selenious acid

Selenium dioxide

Selenium sulfide

Selenium sulfide SoS2 (R,T)

L-Serine, diazoacetate (ester)

Silvex (2,4,5-TP)

Streptozotocin

Sulfuric acid, dimethyl ester

Sulfur phosphide (R)

2,4,5-T

1,2,4, 5-Tetrachlorobenzene

1,1,1, 2—Tetrachl oroethane

1,1,2,2 -Tetrachl oroethane

Tetrachloroethylene

2,3,4, 6—let rachl orophenol

Tetrariydrofu ran (I)

Thallium (I) acetate

Thallium (I) carbonate

99— 530

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

U216 7791-12—0 Thallium (I) chloride

U216 7791-12—0 

Thallium chloride T1C1

0217 10102—45—1 Thallium (I) nitrate

U218  

62—55-5 

Thioacetamide

0153

74-93—1 

Thiomethanol (1,1)

0244 137—26-8 Thioperoxydicarbonic diamide (H2N)C(S)2S2,

tetramethyl 

—

U219  62—56-6 Thiourea

U244 137—26-8 Thiram

0220 108-88-3 Toluene

U221 25376-45-8 Toluenediamine

U223 26471—62—5 Toluene diisocyanate (R,T)

U328  95-53-4 o-Tol uidine

U353 106-49-0 p—Toluidine

0222 636-21-5 o-Toluidine hydrochloride

UOli

61-82—5 1H-1,2,4—Triazol—3—amine

0227

79—00—5 i,1,2—Trichloroethane

U228

79-01-6 Trichloroethylene

0121  75-69—4 Trichloronionofluoromethane

See

F027  95-95-4 2,4,5-Trichlorophenol

See

FO27  88-06—2 2,4,6—Trichlorophenol

0234  99-35-4 1,3,5-Trinitrobenzene (R,T)

0182 123—63—7 1,3,5—Trioxane, 2,4,6—trimethyl—

U235 126—72-7 Tris(2,3—dibromopropyl) phosphate

U236  72—57—1 Trypan blue

U237  66—75—1 Uracil mustard

0176 759-73—9 Urea, 

N-ethyl-N-nitroso-

‘Ji77  684-93-S Urea, N-methyl—N—nitroso-

U043  

75-01-4 

Vinyl chloride

0248 P 81-81—2 Warfarin, and salts, when present at concentrations

of 0.3 or less

0239 1330—20—7 Xylene (I)

U200  50-55-5 Yohirnban—16—carboxylic acid, 11,17—dimethoxy—18—

(3,4,5-trimethoxybenzoyl)oxy-, methyl ester,

(3beta 

l6beta 

i7al pha 

l8beta ,2Oal pha ) 

—

0249 1314-84-7 Zinc phosphide Zn3P2, when present at concentrations

of 10 or less

Source: Amended at 13 Ill. Req.    

effective

Appendix G Basis for Listing Hazardous Wastes

EPA

Hazardous constitutents for which listed

hazardous

waste 

No.

99— 53 1

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF

PROPOSED 

AMENDMENTS

FOOl  

Tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1-

trichloroethane, carbon tetrachloride., chlorinated fluorocarbons.

FOO2  

Tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1—

trichloroethane, i,i,2—trichloroethane, chlorobenzene, 1,1,2-

trichloro—1,2,2- trifluoroethane, ortho-dichlorobenzene,

trichlorofl uoromethane.

F003  

N.A.

FOO4  

Cresols and cresylic acid, nitrobenzene.

FOO5  

Toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine,

2—ethoxyethanol 

benzene, 2-nitropropane

FOO6  

Cadmium,

hexavalent chromium, nickel, cyanide (complexed).

FOO7  

Cyanide (salts).

FOO8  

Cyanide (salts).

F009  

Cyanide (salts).

FOiO  

Cyanide (salts).

FOil  

Cyanide (salts).

F012  

Cyanide (complexed).

FO19  

Hexavalent chromium, cyanide (complexed).

FO2D  

Tetra- and pentachlorodibenzo-p—dioxins; tetra- and

pentachlorodibenzofurans; tn— and tetrachlorophenols and their

chlorophenoxy derivative acids, esters, ethers, amines and other

sal ts.

F021  

Penta— and hexachlorodibenzo—p-dioxins; penta- and

hexachlorodibenzofurans; pentachlorophenol and its derivatives.

FO22  

Tetra—, penta- and hexachlorodibenzo—p-dioxins; tetra-, penta— and

hexachlorodi benzofu rans.

F023  

Tetra- and pentachlorodibenzo-p-dioxins; tetra— and

pentachlorodibenzofurans; tn- and tetra— chlorophenols and their

chlorophenoxy derivative acids, esters, ethers, amines and other

sal ts.

F024  

Chloromethane, dichloromethane, trichloromethane, carbon

tetrachloride, chloroethylene, 1,1-dichloroethane, 1,2-

dichloroethane, trans—l,2—dichloroethylene,

1,1—dichloroethylene,

1, 1,1—tnichloroethane, 1, 1,2-trichloroethane, trichloroethylene,

1,l,1,2-tetrachloroethane, 1,1,2,2-tetrachloroethane,

tetrachloroethylene, pentachloroethane, hexachloroethane, allyl

chloride (3-chloropropene), dicnloropropane, dichloropropene, 2—

chloro-1,3-butadiene, hexachloro-1,3-butadiene, hexachlorocyclo-

pentadiene, hexachlorocyclohexane, benzene, chlorobenzene,

dichlorobenzenes, 1,2,4—trichlorobenzene, tetrachlorobenzenes,

pentachlorobenzene, hexachlorobenzene, toluene, naphthalene.

F026  

Tetra—,

penta—, and hexachlorodibenzo-p—dioxins; tetra—, penta—, and

hexachlorodibenzofurans.

F027  

Tetra—, penta—, and hexachlorodiberizo—p—dioxins; tetra-, penta—, and

hexachlorodibenzofurans; tn-, tetra—, and pentachlorophenols and

their chlorophenoxy derivative acids, esters, ethers, amine and other

salts.

F028  

Tetra—, penta-, and hexachlorodibenzo—p-dioxins; tetra—, penta-, and

9 9—532

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

hexachlorodibenzofurans; tn—, tetra—, and pentachlorophenols and

their chlorophenoxy derivative acids, esters, ethers, amine and other

sal ts.

KOO1   

Pentachlorophenol 

phenol, 2-chlorophenol 

p-chloro-m—cresol 

, 2,4—

dimethylphenol, 2,4—dinitrophenol, trichlorophenols,

tetrachlorophenols, 2,4—dinitrophenol, cresosote, chrysene,

naphthalene, fluoranthene, benzo(b)fluoranthene, benzo(a)pyrene,

indeno(1 ,2,3—cd)pyrene, benz(a)anthracene, dibenz(a)anthracene,

acenaphthal ene.

KOO2  

Hexavalent chromium, lead.

KOO3  

Nexavalent chromium, lead.

KOO4  

Hexavalent chroniuim.

K005  

Hexavalent chromium, lead.

KOO6  

Hexavalent chromium.

KOO7  

Cyanide (complexed), hexavalent chromium.

KOO8  

Hexavalent chromium.

KOO9  

Chloroform, formaldehyde, methylene chloride, methyl chloride,

paraldehyde, formic acid.

KO1O  

Chloroform, formaldehyde, methylene chloride, methyl chloride,

paraldehyde, formic acid, chloroacetaldehyde.

KO11   

Acrylonitnile, acetonitrile, hydrocyanic acid.

KO13  

Hydrocyanic acid, acrylonitnile, acetonitnile.

KO14  

Acetonitnile, acrylamide.

K015  

Benzyl chloride, chlorobenzene, toluene, benzotnichlonide.

K016  

Hexachlorobenzene, hexachlorobutadiene, carbon tetrachloride,

hexachloroethane, perchloroethylene.

K017  

Epichlorohydrin, chloroethers bis(chloromethyl) ether and bis-(2—

chloroethyl) ethers, tnichloropropane, dichloropropanols.

K018  

1,2—dicnloroethane, trichloroethylene, hexachlorobutadiene,

hexachl orobenzene.

KO19  

Ethylene dichloride, 1,1, 1—tnichloroethane, 1,1,2—trichloroethane,

tetrachloroethanes (1,i,2,2—tetrachloroethane and 1,1,1,2-

tetrachloroethane), trichloroethylene, tetrachioroethylene, carbon

tetrachlonide, chloroform, vinyl chloride, vinylidene chloride.

KO2O  

Ethylene

dichloni de, 1,1, 1—trichloroethane, 1,1, 2—trichloroethane,

tetrachloro-ethanes (1,1,2,2-tetrachloroethane and 1,1,1,2-

tetrachloroethane), tnichloroethylene, tetrachloroethylene, carbon

tetrachlonide, chloroform, vinyl chloride, vinylidene chloride.

KO21  

Antimony, carbon tetrachlonide, chloroform.

KO22  

Phenol, tars (polycyclic aromatic hydrocarbons).

KO23  

Phthalic anhydride, maleic anhydnide.

KO24  

Phthalic anhydnide, 1,4-naphthoguinone.

K025  

Meta-dinitrobenzene, 2,4-dinftrotoluene.

K026  

Paraldehyde, pynidines, 2—picoline.

KO27  

Toluene diisocyanate, toluene-2, 4-diamine.

KO28  

1,1,1—trichloroethane, vinyl chloride.

KO29  

1,2-dichloroethane, 1,1,1—tnichloroethane, vinyl chloride, vinylidene

chloride, chloroform.

99— 533

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

KO3O  

Hexachlorobenzene, hexachlorobutadiene, hexachlonoethane, 1,1,1,2-

tetrachloroethane, 1,1,2,2-tetrachloroethane, ethylene dichlonide.

K031  

Arsenic.

K032  

Hexachlorocyclopentadiene.

KO33  

Hexachlorocyclopentadiene.

K034  

Hexachlorocyclopentadiene.

K035  

Creosote, chnysene, naphthalene, fluoranthene, benzo(b) fluoranthene,

benzo(a)—pyrene, i ndeno(i,2,3—cd) pyrene, benzo(a)anthracene,

dibenzo(a)anthracene, acenaphthalene.

KO36  

Toluene, phosphorodithioic and phosphorothioic acid esters.

KO37  

Toluene, phosphorodithioic and phosphorothioic acid esters.

K038  

Phorate, formaldehyde, phosphorodithioic and phosphorothioic acid

esters.

K039  

Phosphorodithioic and phosphorothioic acid esters.

K040  

Phorate, formaldehyde, phosphorodithioic and phosphorothioic acid

esters.

K041  

Toxaphene.

KO42  

Hexachlorobenzene, ortho-dichlorobenzene.

K043  

2,4-dichlorophenol, 2,6—dichlorophenol, 2,4,6-trichlorophenol.

KO44  

N.A.

K045  

N.A.

K046  

Lead

K047  

N.A.

KO48  

Rexavalent chromium, lead.

K049  

Hexavalent chromium, lead.

KO5O  

Hexavalent chromium.

K051  

Hexavalent chromium, lead.

K052  

Lead

KO6O  

Cyanide, naphthalene, phenolic compounds, arsenic.

KO61  

Hexavalent chromium, lead, cadmium.

K062  

Hexavalent chromium, lead.

K064  

Lead, cadmium

K065  

Lead, cadmium

KO66  

Lead, cadmium

K069  

Hexavalent chromium, lead, cadmium.

K071  

Mercury.

KO73  

Chloroform, carbon tetrachloride, hexachloroethane, tnichloroethane,

tetrachloroethylene, dichloroethylene, 1,1,2,2-tetrachloroethane.

K083  

Aniline, diphenylamine, nitnobenzene, phenylenediamine.

K084  

Arsenic.

KO85  

Benzene, dichlorobenzenes, tnichlorobenzenes, tetrachlorobenzenes,

pentachlorobenzene, hexachlorobenzene, benzyl chloride.

KO86  

Lead, hexavalent chromium.

K087  

Phenol, naphthalene.

K088  

Cyanide (complexes)

KO9O  

Chromium

KO91  

Chromium

K093  

Phthalic anhydnide maleic anhydride.

99—534

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

KO94  

Phthalic anhydnide.

KO95  

1,1,2—trichloroethane, 1,1,1,2—tetrachloroethane, 1,1,2,2—

tetrachl oroethane.

KO96  

1,2-dichloroethane, 1,1,1,—tnichloroethane, 1,1,2—trichloroethane.

K097  

Chlordane, heptachlor.

KO98  

Toxaphene.

KO99  

2,4—dichlorophenol 

2,4,6—trichlorophenol.

K100  

Hexavalent chromium, lead, cadmium.

KiOi  

Arsenic.

K102  

Arsenic.

K103  

Aniline, nitrobenzene, phenylenediamine.

K1O4  

Aniline, benzene, diphenylamine, nitrobenzene, phynylenediamine.

KiOS  

Benzene, monochlorobenzene, dichlorobenzenes, 2,4,6—trichlorophenol

K1O6  

Mercury.

Kill  

2,4-Dinitrotoluene.

K112  

2,4-Toluenediamine, o-toluidine, p-toluidine, aniline.

K113  

2,4—Toluenediarnine, o—toluidine, p—toluidine, aniline.

K114  

2,4—Toluenediamine, o—toluidine, p-toluidine.

K115  

2,4—Toluenediamine.

Ki16  

Carbon tetrachloride, tetrachloroethylene, chloroform, phosgene.

K117  

Ethylene dibromide

K118  

Ethylene dibromide

K123  

Ethylene thiourea

K124  

Ethylene thiourea

K125  

Ethylene thiourea

K126  

Ethylene thiourea

Ki36  

Ethylene dibromide

N.A.--Waste is hazardous because it fails the test for the characteristic of

ignitability, corrosivity or reactivity.

Source: Amended at 13 Ill. Reg.    

effective

99—535

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Acetor,itrile

Ace to phenone

2 —Acetyl am inofi uorene

Acetyl chloride

I —Acetyl—2—thiourea

Acrolein

P~cry1amide

Acrylonitrile

Aflatox ins

Aid icarb

Aidrin

Hazardous Constituents

Chemical Abstracts Name

Same

Ethanone, 1—phenyl—

Acetamide, N—9H-fluoren—2—yl—

Same

Acetamide. N—(aminothloxomethyl)-

2—Pro penal

2-Propenamide

2—Propenenitr lie

Same

Propanal 

2-methyl—2—(methylthio)—,

0- (methyl am i no) c arbonyl lox ime

5, 8—Dimethanonaphthalene, 1,

4, 10, 10—hexachloro—l, 4, 4a,

5, 8, 8a—hexahydro—, 1—alpha, 4—

alpha, 4a—beta, 5—alpha, 8—alpha, Ba—

beta)—

1402 —68-2

116—06—3

P070

309-00-2

P004

Allyl alcohol

Aluminum phosphide

4-Aininobiphenyl

5—(Aminomethyl -3—lsoxazolol

4—Aminopyridine

Amitrole

Aninonium vanadate

Anil me

Antimony

Antimony compounds, N.0.S.

(not

otherwise specified)

Aranii te

Arsenic

Arsenic compounds, N.0.S.

Arsenic acid

Arsenic pentoxide

Arsenic trioxide

Auramine

Azaser

Barium

Barium compounds, N.0.S.

Barium cyanide

Benzc)acrld me

2-Propen-1 —01

Same

1,1 ‘—Biphenyl)—4 -amine

3(2H)—Isoxazolone, 5-(aminomethyl)—

4—Pyridinamlne

1K-i, 

2, 4—Tr ia zol —3—amine

Vanadic acid, amonium salt

Ben zen am in e

Same

Sulfurous acid, 2-chloroethyl—, 2—14—

(1.1—dimethylethyl)phenoxy—1—

methylethyl ester

Arsenic

Benzenamine,

Arsenic

ArsenicArsenic

oxideoxide

acid H

4,AsAs

3AsO

224’—00

35

carbonimidoylbisfN, N—dimethyl—

L—Serine, diazoacetate (ester)

Same

Same

Same

107-18-6

P005

20859—73—8

P006

92-67-1

2763—96-4

504 -24—5

61 -82 —5

7803—55—6

62-53-3

7440 -3 6—0

115—02—6

U015

744 0-39-3

542—62—1

P013

225—51—4

U016

Section 721.Appendix H

Comnon Name                                     

Chemical

Abstracts

Mum ber

75—0 5—8

98-86-2

53-96-3

7 5-36-5

591-08-2

107-02-8

79-06-i

107-13—1

Hazardous

Waste

Number

U 003

U 004

U00 5

U 006

P002

P003

wioi

u

009

P007

P008

U 011

11119

U01 2

Polo

Poll

P012

014

140—57—8

744 0—38—2

777 8—3 9—4

1303-28—2

132 7—53—3

492-80-8

99—53 6

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Ben z a an thrac ene

Benzal chloride

Ben zene

Benzenearsonic acid

Benz Id me

Benzobfluoranthene

Benzojfluoranthene

Benz oapyrene

p—Benzoquinone

Benzotrichloride

Benzyl chloride

Beryllium

Beryllium compounds, N.O.S.

Bromoacetone

Brmno form

4—Bromophenyl phenyl ether

Bruc me

Butyl benzyl phthalate

Cacodylic acid

Cathiiium

Cacinium compounds, N.0.S.

Calcium

chromate

Calcium cyanide

Carbon disulfide

Carbon oxyfluoride

Carbon tetrachloride

Chloral

Chlorarnbucil

C h lord arie

Chlordane, alpha and 

garrina

isomers

Chlorinated benzenes, N.0.S.

Chlorinated ethane, N.0.S.

Chlorinated fluorocarbons, N.0.S.

Chlorinated naphthalene, N.0.S.

Chlorinated phenol, N.0.S.

Chlornaphazlne

Chioroacetaldehyde

Chloroalkyl ethers, N.0.S.

p-Chloroaniline

Chlorobenzene

Ch10 rob en z 11 ate

Same

Benzene, (dichloromethyl)-

Same

Arsonic acid, phenyl—

1,1’—Biphenyl—4,4’—diarnine

Ben zteacephenanthrylene

Same

Same

2, 5-Cycl ohexad iene-1, 4—dione

Benzene. (trichloromethyl)—

Benzene, (chioromethyl)-

Same

2—Propanone, 1-bromo-

Methane, tribromo—

Benzene, 1—bromo—4—phenoxy-

Strychnidin-lO—one, 2,3—dimethoxy—

1,2—Benzenedicarboxyl Ic acid, butyl

pheny lmethyl ester

Arsenic acid, dimethyl—

Same

Chromic acid H2CrO4, calcium salt

CalciumSame  cyanide Ca(CN)2

Carbonic difuoride

Methane, tetrachioro-

Acetaldehyde, trichloro-

Benzenebutanoic acid, 4—bis(2—

chloroethyl)amino-

4, 7—Methano—1H—indene, 1, 2, 4, 5,

6, 7, 8, B—octachloro—2, 3, 3a, 4, 7,

7a—hexahydro-

Naphthalenamlne, N, N’—bis(2—

chloroethyl 

)—

Acetaldehyde, chloro-

Benzenamine, 4—chloro-

Benzene, chloro—

Benzeneacetlc acid, 4—chloro-alpha—

(4—chl orophenyl )—al pha—hydroxy

—,

ethyl ester

56—55—3

98—87—3

71—43—2

98-05—5

92—87—5

205—99—2

205-92-3

50—32—8

106—51-4

98 -07-7

100—44—7

7440—41 —7

598—31—2

75—25—2

101 —55—3

357—57—3

85—68—7

75—60-5 U136

744 0—43-9

U01 8

U017

U018

U 021

U 022

U 197

U 023

P028

P015

P017

U 225

U 030

P01 8

13765—19-0

592

-01 -8

75-15—0

3 53—50—4

56-23—5

75—87—6

305-03-3

U 032

P021

P022

U 033

t121 1

U 034

U 035

57—74-9 U036

U03 6

494-03-1

U026

107—20—0 P023

106-47-8

108-90-7

510—15—6

P024

U 037

U 038

99— 537

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

p —Ch 1 oro -m— 

cresol

2—Chloroethyl vinyl ether

Chl oroform

Chloromethyl methyl ether

beta—Chloronaphthal ene

o—Chlorophenol

1-(o—Chlorophenyl)thiourea

Chloroprene

3—Chloropropionitrile

Chromium

Chromium compounds, M.D. 5.

Chrysene

Citrus 

red

No. 2

Coal tar creosote

Copper cyanide

Creosote

Cresols (Cresylic acid)

Crotonaldehyde

Cyanides (soluble salts and

complexes),

N.0.S.

Cy an og en

Cyanogen bromide

Cyanogen chloride

Cy

c a sin

2 —Cyclohexyl —4, 6—d mi trophenol

Cyclophosphamide

2,4-0

2,4-0, salts and esters

Dau nomyc in

Phenol, 4—chloro—3—methyl—

Ethene, (2-chloroethoxy)—

Methane, trichloro—

Methane, chioromethoxy-

Naphthalene, 2—chloro—

Phenol

2—chloro-

Thiourea, (2—chlorophenyl)—

1,3—Butadiene, 2—chloro-

Propanenitrile, 3—chloro-

Same

Same

2-Naphthalenol, 1—1(2, 5—

dlrnethoxyphenyl)azo-

Same

Copper cyanide CuCN

Same

Phenol, methyl—

2—But en al

Ethanedinitrile

cyanogen bromide 

(CN)Br

Cyanogen chloride 

(CN)Cl

Beta—0-glucopyranoside, (methyl—ONN—

azoxy)methyl—

Phenol

2—cycl ohexyl —4, 6—din itro—

2K—i,

3,

2-Oxazaphosphorln—2—atnine,

N, N—bis(2—chloroethyl)tetrahydro—,

2—ox ide

Acetic acid, (2,4-dichlorophenoxy)—

Acetic acid, (2,4—dichlorophenoxy)—,

salts and esters

5, 12-Naphthacenedione, 8—acetyl—lO—

(3—amlno—2,

3, 6-trideoxy—alpha—L-

lyxo—hexopyranosyl)oxy—7, 8, 9,

10—

tetrahydro—6, 8, ii —trihydroxy—l

methoxy—, 85—cis)—

Benzene, 1,1’—(2,2—

d lchloroethyl idene)bls4—chloro—

Benzene, 1, 1’—

(dichloroethenyl ldene)bis4-chloro—

Benzene, 1, l’—(2, 2, 2—

trichloroethyl idene)bis4—chloro-

Carbamothiolc acid, bis(1—

methylethyl)—, S—(2, 3—dichloro—2—

propenyl) ester

Same

59-50-7

110—75—8

67—66-3

107-30-2

91-58-7

95-57-8

5344-82-1

126-99—8

542-76—7

7440—47-3

218—01—9

U050

6358—53 —8

8007-45-2

544—92-3 P029

U051

1319—77—3 U052

4170—30—3 U053

P030

460 —1 9—5

50 6-68-3

50 6-77—4

14901

—08—7

131—89—5

P034

50—18—0 U058

94-75—7 U240

U 240

20830—81- U059

3

U 039

U 042

U 044

U 046

U 047

U048

P026

P027

P031

U246

P033

DOD

OCT

Dial late

Biben z a ,h acrid me

72—54—8

U060

72—55—9

50 -29-3  

U061

2303—16—4 U062

226-36—8

99— 538

ILLINOIS

REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Dibenza,j acrid me

Dibenza ,hanthracene

7U—Dibenzoc ,gcarbazole

Dibenzoa ,epyrene

Oibenzoa ,hpyrene

Oibenzoa 

ilpyrene

1,2 —D ib roino—3-chlo 

rop

ro pane

Dibutyl phthalate

Same

Same

Same

Naphtho1, 2,3, 4—def)chrysene

Dibenzob,def chrysene

Ben zo rst I pentaphen e

Propane, l,2—dibromo-3-chloro-

1,2—Benzenedicarboxylic acid, dibutyl

ester

224—42—0

53—70—3

194—59—2

192—65—4

189—64—0

189-55-9

96—12—8

84-74-2

o-Dichlorobenzene

m-Dichlorobenzene

p-Dichlorob enz one

Dlchlorobenzene, N. O.S.

3,3 ‘—Dmchlorobenzidmne

1,4—Dichloro—2—butene

Dlchlorodifl uorometharie

Dichloroethyl ene, N. 0.5.

1,1

—Dichloroethylene

1,2—Dmchloroethyl ene

Dichloroethyl ether

Dichloroisopropyl ether

Dichloromethoxyethane

Dichloromethyl ether

2,4—Dichlorophenol

2, 6—Dichlorophenol

Dlchl orophenyl arsine

Dichloropropane, N.0.S.

Dlchloropropanol, N.0.S.

Dichloropropene, N. 0. S.

1,3—Dichloropropene

Dmeldrmn

1,2: 3,4—Diepoxybutane

Diethyl arsine

1,4—Diethyl eneoxide

Diethylhexyl phthalate

95-50—1 U070

541—73—1

1J071

106—46—7 U072

25321 —22—6

91—94—1  U073

764—41—0

75—71 —8

2532 3—30—2

75-35-4

156—60—5

111—44 —4

108—60-1

111-91-1

542 —88—1

120—83 —2

87—65-0

696 —28—6

26638—19—7

26545-73—3

26952—23-8

542—75—6

60—57—1

1615—80—1 U086

3288-58-2 U087

311—45—5 

P041

U 063

U 064

U 066

U 069

Benzene, 1,2—dichloro-

Benzene, 1,3—dichloro—

Benzene, 1,4—dichloro—

Benzene, dichloro-

1, l’—Biphenyl—4, 4’—diamine, 3,

3 ‘—d ichloro-

2—Butene, 1,4—dichloro-

Methane, dichlorodifluoro-

Dichloroethylene

Ethene, l,l—dichloro—

Ethene, 1, 2-dichl ore-, (E )—

Ethane, I,I’—oxybis2—chloro—

Propane, 2,2’—oxybis2—chloro-

Ethane, 1,1’-methylenebis(oxy)bis2-

chloro—

Methane, oxybischloro-

Phenol, 2,4-dichloro-

Phenol, 2,6—dichioro-

Arsonous dichlcrlde, phenyl—

Propane, dichioro-

Propanol, dichloro-

1—Propene, dichloro—

1—Propane, 1,3—dichloro—

2, 7:3, 6—Dimethanonaphth2, 3—bioxi—

rene, 3, 4, 5, 6, 9, 9—hexachloro—la,

2, 2a, 3, 6, 6a, 7, 7a—octahydro-.

(la alpha, 2 beta, 2a alpha, 3 beta,

6 beta, 6a alpha, 7 beta, 7a alpha)—

2, 2’-Bioxlrane

Arsine, diethyl—

1, 4-Dioxane

1,2—Benzenedicarboxylic acid, bis(2—

ethylhexyl) ester

Hydrazine, 1,2—diethyl-

Phosphorodithioic acid, 0,0—diethyl

S—methyl ester

Phosphoric acid, diethyl 4-

nitrophenyl ester

ii 074

U 075

U 078

U 079

U 025

U 027

U 024

P01 6

U 081

U 082

P036

U 084

P037

U085

P038

U1OB

U 028

N,N ‘—Dlethylhydrazmne

0,0—Oiethyl S—methyl dithiophosphate

Diethyl—p—nltrophenyl phosphate

1464—53—5

692—42—2

123—91 —1

117—81 —7

99—539

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE

OF PROPOSED 

AMENDMENTS

Diethyl phthalate           

1,2—Benzenedicarboxylic acid, diethyl

ester

84—66-2 U088

0,0—Diethyl 0—pyrazinyl

ph os ph ore th loate

Diethyl stilbestrol

Dihyd rosaf role

Diisopropylfluorophosphate (DFP)

Dimet hoe to

3,3’ —Dlmethoxybenzid me

p—Oimethylam 1 noazobenz one

7, 12—Dimethylbenzaanthracene

3,3 ‘-Dimethylbenzmd me

ommethylcarbamoyl chloride

1,1 —Oimethylhydrazine

1,2—Oimethylhydrazine

alpha ,al pha—Dimethyl phenethylammne

2,4—Dimethyl phenol

Dimethyl phthalate

Oimethyl sulfate

Dinitrobenzene, N.D.S.

4,6-Oinitro-o-cresol

4,6-Dlnitro—o-cresol salts

2, 4—0 mnitrophenol

2,4-Olnitrotoluene

2, 5-Dmnltrotoluene

Binoseb

Phosphorothiolc acid, 0,0-diethyl 0—

pyrazinyl ester

Phenol, 4,4’—(1,2—diethyl—1,2—

ethenediyl)bis—, (E)-

l,3—Benzodioxole, 5—propyl-

Phosphorofluoridic acid, bis(1—

methylethyl) ester

Phosphorodmthlomc acid, 0,0-dimethyl

S—2—(methylammao)—2—oxoethyl ester

I,1’—Biphenyli—4,4’—diamine, 3,3’—

dimethoxy-

Ben zen amine, N, N—d imethyl —4—

(phenylazo)—

Benztaanthracene, 7,12-dimethyl—

1,1’—Biphenyl—4,4’—diamine, 3,3’—

dimethyl-

Carbamic chloride, dimethyl—

Hydrazmne, 1,1—dimethyl-

Hydrazmne, 1,2—dimethyl—

Benzeneethanamine, alpha, alpha—

d imethyl-

Phenol, 2,4—dimethyl—

1,2—Benzenedicarboxylic acid,

dimethyl ester

Sulfuric acid, dimethyl ester

Benzene, dinitro-

Phenol, 2—methyl-4,6—dmnltro—

Phenol, 2,4—din itro-

Benzene, 1—methyl—2,4—dinitro—

Benzene, 2—methyl-1,3—dinitro-

Phenol, 2—(1—methylpropyl)—4,6—

dinitro-

l,2—Benzenedicarboxylic acid, dioctyl

ester

56—53 —1  U089

94 —58—6  U090

55—91—4 

P043

60—51—5

P044

119—90—4 U091

60—11—7 U093

57—97—6 U094

119—93—7 U095

105—67—9 UiOl

131-11—3 U102

77—78—1

25154—54—5

53 4-52—1

51—28—5

121 —14—2

60 6—20—2

88-85-7

117—84—0 

1J107

Diphenylamine

1,2 —Diphenylhydrazmne

Di—n—propylnmtrosarnine

Disul foton

Dith lob iuret

Endosul fan

Benzenamine, N—phenyl—

Hydrazine, 1,2—diphenyl—

1—Propanamine, N—nitroso—N-propyl—

Phosphorodithioic acid, 0, 0-diethyl

S—2—(ethylthmo)ethyl ester

Thioimidodlcarbonic diarnide

(H2N)C(5 ~

6, 9—Methano—2, 4, 3—benzod ioxathie—

pen, 6,

7, 8, 

9, 10, 10—hexachloro—1,

5, 5a, 6, 9, 9a—hexahydro-, 3—oxide,

122 -3 9-4

122 —66—7

621

—64—7

298-04—4

541—53—7 

P049

115—29—7 P050

297—97—2 

P040

7 9—44—7

57—14—7

54 0—73—8

122—09-8

U 097

U 098

U 099

P046

Oi-n—octyl phthalate

U103

P047

P048

U105

U106

P020

Ulog

Ulil

P039

9 9—540

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Endrin metabolites

Epichlorohydrin

Epmnephr me

Ethyl carbamate (urethane)

Ethyl cyanide

Ethylenebisdithmocarbamic acid

Ethylenebisdithiocarbamic acid, salts

and esters

Ethylene dibromide

Ethylene dichloride

Ethylene glycol monoethyl ether

Ethyl eneim mne

Ethylene oxide

Ethyl enethiourea

Ethylidmne dlchloride

Ethyl methacrylate

7—Oxabicycl c2. 2. liheptane—2, 3—

dicarboxylic acid

2, 7:3, 6—Dimethanonaphth2, 3—bioxi-

rene, 3, 4, 5, 6, 9, 9-hexachloro-la,

2,

2a, 3, 6, 6a, 7, 7a-octahydro-,

(la alpha, 2 beta, 2a beta, 3 alpha,

6 alpha, 6a beta, 7 beta, 7a alpha)-,

Oxirane, (chloromethyl 

)—

1,2—Benzenediol 

4—1—hydroxy—2—

(methylamino)ethyl)—, (R)—

Carbamic acid, ethyl ester

Pro panen itr il e

Carbamodithioic acid, 1,2—

ethanediylbis—

Ethane, 1,2—dibromo-

Ethane, 1,2—dichioro-

Ethanol 

2-ethoxy—

Aziridine

Ox iran e

2—Imidazol idinethione

Ethane, 1,1—dichloro-

2—Propenoic acmd, 2—methyl—, ethyl

ester

P051

106—89-8 

U041

51—43—4 

P042

Ethyl methanesulfonate

Famph u 

Fl uoranthene

Fluor me

Fl uoroacetamide

Fluoroacetic acid, sodium salt

Formaldehyde

Formic acid

Glycidyl

aldehyde

Hal omet hanes, N. 0.S.

Heptachl or

Heptachlor epoxide (alpha, beta and

ganina isomers)

Methanesulfonic acid, ethyl ester

Phosphorothioc acid, 0—4—

(dimethylammno)sulfonylphenyl  0,0—

dimethyl ester

Same

Same

Acetamide, 2-fluoro-

Acetic acmd, flucro-, sodium salt

Same

Oxiranecarboxaldehyde

4, 7-Methano—1H—indene, 1, 4, 5, 6,

7, 8, 8—heptachloro—3a, 4, 7, 7a-

tetrahydro—

2, 5—Methano—2H—indeno1, 2boxirene,

2, 3, 4, 5, 6, 7, 7—heptachioro—la,

lb. 5, 5a, 6, 6a—hexahydro-, (Ia

alpha, lb beta, 2 alpha, 5 alpha, 5a

beta, 6 beta, 6a alpha)-

62—50—0

U119

52—85—7

P097

Endothal

End r in

145-73—3 P088

72 -20—8  P051

51—79—6

107—12—0

111—54—6

106—93-4

107-06—2

110—80—5

151 —56—4

75—21—8

96—45—7

75—34-3

97-63-2

U 238

P101

U114

U114

U067

U 077

U 359

P054

U115

U116

U076

11118

206-44—0

7782—41—4

640-19-7

62—74—8

50—00—0

64—18-16

765—34-4

Heptachlor epoxide

U120

P056

P057

P058

U122

U123

U126

76-44-8

P059

102 4-57—3

99—541

ILLINOIS REGISTER

POLLUTiON CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Hexachlcrobenzene

Hexachlor~utadlene

Hexachlorocyclopentad lone

Uexachlorod ibenzo-p-d i ox ins

Hexachl orod ibenzofurans

Hexachloroethane

Hexachlorophene

Hex achioropropene

Hexaethyl tetraphosphate

Hydraz me

Hydrogen cyanide

Hydrogen fluoride

Hydrogen sul fide

Indeno1,2,3-cdi pyrene

—Fron dextr~n

Isc~utyl alcohol

Is od r in

Iso saf role

Kep one

Lead

Lead and compounds, N.O.S.

Lead acetate

Lead phosphate

Lead subacetate

Lindane

Maleic anhydride

Naleic hydrazide

Malononitrile

Mel phal an

Merc ury

Mercury compounds, N.O.S.

Benzene,

hexachloro-

1,3—Butadiene, 1,1,2,3,4,4—

hexachloro—

l,3—Cyclopentadiene, 1,2,3,4,5,5—

hexachioro—

Ethane, hexachloro—

Phenol, 2,2’—methyleaebis3,4,6—

trichioro—

1—Propane, 1,1,2,3,3, 3—hexachl oro—

Tetraphosphoric acid, hexaethyl ester

Same

Hydrocyanic acid

Hydrofluoric acid

Hydrogen sulfide H2S

Same

1—Propanol,

2—methyl—

1, 4:5, 8—Dimethanonaphthalene, 1, 2,

3, 4, 10, i0-hexachloro—1, 4, 4a, 5,

8, 8a—hexahydro-, (1 alpha, 4 alpha,

4a beta, 5 beta, 8 beta, 8a beta)—,

1,3—Benzodioxole, 5—(i -propenyl)—

1, 3, 4—Metheno-2H—cyclobuta—

cdpentalen—2-one, 1, la, 3, 3a, 4,

5, 5, 5a, Sb, 6—decachlorooctahydro—,

2—Butenoic acid, 2—methyl-, 7—2,  3—

dlhydroxy —2— (1 —methoxyethyl ) -3—

methyl-i -oxobutoxymethyl)—2, 3, 5.

7a—tetrahydro—1H-pyrroliz in-l—yl

ester, 1S—1-alpha(Z), 7(2S*, 3R*),

7a alphai—

Same

Acetic acmd, lead (2+) salt

Phosphoric acid, lead (2+) salt (2:3)

Lead, bis(acetato—0)tetrahydroxytri—

Cyclohexane, 1,2,3,4,5, 6—hexachi ore—,

1 alpha, 2 alpha, 3 beta, 4 alpha, 5

alpha, 6 beta)—

2, 5—Furand lone

3, 6—PyridazIned ione, 1, 2—dihydro—

Propanedinitrile

L—Phenylalanmne, 4-bis(2—

chloroethyl)ammno—

Same

118—74—1 U127

87-68-3

U128

77—47—4 U130

67—72—1

U131

70-30-4

U132

120—58—1 U141

143—50—0 U142

303-34-1

U143

1888-71 —7

757—58—4

302 —01 —2

74-90-8

7664—39—3

7783 —06—4

193 -3 9—5

98B4 -66-4

78-83-1

465-73 -6

U 243

P062

U133

P063

11134

U135

U137

I~+H9-

U140

P060

Las locarpine

7439-92-1

301 -04-2

744 6—27-7

1335—32—6

58-89-9

108—31 -6

123—33—1

109-77—3

148-82—3

Ui44

U145

U146

11129

U147

U148

U149

Ui 50

7439—97—6 U151

99—542

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Mercury fulminate

Methacryloni trile

Methapyril one

Moth olmyl

Methoxychior

Methyl bromide

Methyl chloride

Methylchlorocarbonate

Methyl chloroform

3—Methylcholanthrene

4,4’—Methyl enebi 

s (2-chl oroanil The)

Methyl nethanesulfonate

Methyl parathion

Methylthiouracil

Mi toinyc in C

Fulminic acid, mercury (2+) salt

2—Propenenitrile, 2—methyl—

1, 2-Ethanediamine, N,N-dimethyl-U ‘—2—

pyridinyl—M ‘—(2-thienylmethyl )-

Ethanimidothioic acid, N—Ehnethyl-

ammno)carbonyloxyJ-, methyl ester

Benzene, 1,1’— (2,2,2—

trichlcroethyl idene)bis4—methoxy-

Methane, bromo-

Methane, chloro—

Carbonochloridic acid, methyl ester

Ethane, i,i,i—trichloro—

Benzj)aceanthrylene, 1,2—dihydro-3—

methyl-

Benzenamine, 4, 4’-methylenebis2-

chioro—

ester

Methanesulfonic acid, methyl ester

Phosphorothioic acid, 0,0—dimethyl 0—

(4-nitropheiyl) ester

4—(1H )—Pyrimldmnone, 2,

3—dihydro-6—

methyl —2—thioxo—

Azirino2’, 3’:3, 4jpyrroloi, 2—

ajmndole—4, 7—dione, 6-amino-B—

I (ammnocarbonyl)oxymethyl)—1, la,

2, 8, 8a, 8b—hexahydro—8a-methoxy—5—

methyl—, la—S—(la alpha, 8 beta, 8a

alpha, 8b alpha)i—,

~an1dine, N—methyl—N’—nitro—N—

ni troso-

66—27—3

298—00—0

P071

56—04—2 U164

50—07—7

U010

Mustard gas

Naphthal one

1,4—Naphthoquinone

al pha—Maphthyl amine

beta—Naphthylamine

al pha—Naphthyl thiourea

Nickel

Nickel compounds, N.0.S.

Nickel carbonyl

Ethane, 1,1’—thiobls2-chloro—

Same

1, 4—Naphthalened ione

1-Naphthalenamine

2-Naphthal en amine

Thiourea, 1—naphthalenyl-

Same

Nickel carbonyl Nl(C0)4, (T—4)-

50 5—60—2

91 -20—3  11165

130-15-4 U166

134-32-7 11167

91—59-8

U168

86—88—4

P072

7440—02—0

13463-39-3 P073

62 8—86—4

12 6—98—7

91-80—S

P065

U 152

Ui 55

16752-77—5

P066

72—43—S U247

74-83-9

74-87-3

79—22—1

71 —55—6

56—49—5

U 029

U 045

11156

U 226

11157

101—14—4 11158

Methylene bromide

Methane, dibromo-

74-95—3

11068

Methyl one chloride           

Methane, dichioro-          

75 092 

11080

Methyl ethyl ketone (MEK)        

2—Butanone               

78—93—3 

11159

Methyl ethyl ketone 

peroxide     

2—Butanoae, peroxide         

1338—23—4 U160

Methyl hydrazmne           

Hydrazmne, methyl-          

60-34—4 P068

Methyl Iodide             

Methane, iodo—              

74-88-4 U138

Methyl isocyanate           

Methane, isocyanato-          

624-83—9 P064

2 —Methyll actonitrile         

Propanenitrile, 2—hydroxy—2—methyl 

—

75—86—5 P069

Methyl niethacrylate

2—Propenoic acid, 2—methyl—, methyl

80—62—6

11162

MNNG                                         

70-25—7  11163

99—543

ILLINOiS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Nickel cyanide

Nicotine

Nicotine salts

Nitric oxide

p—Ni troanil me

Ni trobenzene

Nitrogen dioxide

Nitrogen mustard

Nitrogen mustard, hydrochloride salt

Nitrogen mustard N-oxide

Nitrogen mustard, N—oxide,

hydrochloride salt

Nitroglycerin

p—Ni tro phenol

2-Ni

tropropane

Nitrosamines, N.0.S.

N-Nltrosodi-n-butylamiiie

N —NI trosod methanol amine

N—Nitrosodlethylamine

N—Nitrosodimethylamine

N —Ni troso—N—ethyl urea

N—Nitrosomethylethylamine

N-Nitroso4~—methylurea

N —Ni troso—N—methyl urethane

N —Ni trosomethy lv mnyl am me

M-Nitrosomorphol The

N -Nitrosonorn icotine

N—Ni trosopi pond me

N—Ni trosopyrrol idine

N-Ni trososarcosine

5—Ni tro—o—tol uid me

Octamethylpyrophosphorarnide

Osmium tetroxide

Paraldehyde

Parathion

Peatachlorobenzene

Pentachl orod ibenzo—p—d lox ins

Pentachl orod ibenzofuran s

Pentachloroethane

Pentachloronitrobenzene (PCNB)

Pentachlorophenol

Phenacetin

Nickel

Pyridlne,

cyanide

3—(1—methyl—2—

Ni(CN)2

pyrrol Id mnyl 

)—,

(S )~

Nitrogen oxide NO

Benzenamine, 4—nitro—

Benzene, nitro-

NitrogenEthanamine,oxide2—chloro—N-(2-NO2

chloroethyl )—N—methyl—

Ethanarnine, 2—chloro—N—(2—

chloroethyl)-N-methyl-, N—oxide

1,2,3—Propanetriol

trinitrate

Phenol 

4—nitro—

Propane, 2—nitro—

i—Butanamine, N—butyl-N—nltroso—

Ethanol, 2,2’—(nitrosoimino)bis—

Ethanamine, N—ethyl—N—nitroso-

Methanamirie, N-methyl—N—nitroso—

Urea, N—ethyl—N-nitroso—

Ethanamine, N—methyl—N—nitroso—

Urea, N—methyl—N-nitroso—

Carbarnic acid, methylnitroso—, ethyl

ester

Vinylammne, N—rnethyl-N—nitroso—

Morpholmne, 4—nitroso—

Pyridmne,

3—(l—nltroso—2—

pyrrolidinyl)—, (S)

Piperidmne, 1—nitroso—

Pyrrol Idine, 1—nitroso—

Glycine, N—methyl—N—nltroso—

Benzenamlne, 2—methyl—5—nitro—

Diphosphoramide, octamethyl—

Osmium oxide 0s04, (T—4)

1,3,5—Trioxane, 2,4,6—trimethyl—

Phosphorothioic acid, 0,0—diethyl 0—

(4—nitrophenyl) ester

Benzene, pentachloro—

557—19—7

P074

54—11—S P075

P075

10102—43—9 P076

100—01—6

P077

98—95-3

P078

10102-44-0 P078

51—75—2

126—85—2

55—63—0

100—02—7

79—46—9

35576 —91—1

924—1 6-3

1116—54—7

55 —1 8—5

62—75-9

75 9-73—9

10595—95—6

684—93—5

615—53—2

4549-40—0 P084

59 -8 9—2

16543 —55—8

100—75—4 11179

930—55—2 U180

132 56—22—9

99—SS—8

11181

152—16—9 P085

20816—12—0

P087

123—63—7 Ui82

56—38-2

P089

608—93 —5 11183

P081

11170

11171

U 172

U173

11174

P082

Ui76

U177

11178

Ethane, pentachloro—         

76—01—7  11184

Benzene, pentachloronitro-      

82—68-8 U185

Phenol, pentachloro-

Acetamide, N-(4-ethoxyphenyl)-

87—86—5

62—44-2

See

11187

F027

99—544

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Phenol

Phenylened iamine

Phenylmercury acetate

Ph enyl t h io urea

Phosg one

Phosphine

Phorate

Phthalic acid esters, N.0.S.

Phthalic anhydride

2—Picol me

Polychlonmnated biphenyls, N.O.S.

Potassium cyanide

Potassium silver cyanide

Pronamide

1,3-Propane sul tone

n—Propylamine

Propargyl alcohol

Propylene dichloride

1,2—Propyl enirnine

Propyl thiouracil

Pyridmne

Reserpmne

Resorc inol

Saccharin

Same

Ben zoned lamine

Mercury, (acetato-0)phenyl—

Thiourea, phenyl-

Carbonic dichioride

Sane

Phosphorodithloic acid, 0,0—diethyl

S—(ethylthio)methyl ester

1, 3-Isoben zofurand lone

Pyridine, 2—methyl—

Same

Argentate(i—), bis(cyano—C)—,

potassi urn)

Benzarnide, 3,5—dichloro—N—(1,1—

dimethyl-2-propynyl)-

1, 2—Oxathiol ane, 2,2-dioxide

1—Pro pan amine

2—Pro pyn-1 -ol

Propane, i,2—dichloro—

Aziridine, 2—methyl-

4(1H )—Pyrimidmnone, 2, 3-dihydro—6—

propyl—2-thioxo—

Same

Yohimban—16—carboxylic acid, 11, 17—

dimethoxy—18—(3, 4, 5—

tr imethoxybenzoyl ) oxy-, methyl

ester, (3 beta, 16 beta, 17 alpha, 18

beta, 20 alpha)-,

1, 3—Benzenediol

1,2—Benzisothiazol—3(2H)—one, 1,1—

d iox 

ide

108-95-2 11188

252 65—76—3

62 —38—4

P092

103-85—5 P093

75—44—5 P095

7803—51-2 P096

298—02 —2 P094

85—44-9 

Ui90

109—06—8 11191

151-50—8 P098

506-61—6

P099

23950—58— U192

5

1120—71-4 U193

107-10-8 

Ui94

107-19—7 P102

78-87 —5  

11083

75-55-8 P067

51 —52 —5

110—86—i 11196

50-55-5

11200

108—46—3 U201

8i—07—2

U202

Saccharin salts

Saf role

Sel eni urn

Selenium compounds, N.0.S.

Selenium dioxide

Selenium sulfide

Selenourea

Si l~er

1,3-Benzodioxole, 5—(2—propenyl)-

Same

Selenlous acid

SeleniumSame  

sulfide SeS2

Same

11202

94—59-7  U203

7782 —49-2

77 83—00—8

7488-56-4

630-10-4

7440—22-4

Silver compounds, N.0.S.

Silver cyanide

Slivex (2,4,5—TP)

Sodium cyanide

Streptozotoc in

Silver cyanide AgCN

Propanoic acid, 2—(2, 4,5—

tnichiorophenoxy)—

Sodium cyanide NaCN

C-Glucose, 2-deoxy-2-

methylni trosoamino)carbonyliamlnoi—

506-64-9

P104

93—72—1 See F027

143—33—9 P106

18883-66- U206

4

U 204

U205

P103

99—545

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

—&tr~nt4emse~fide

Strychnine

Strychnine salts

IC DO

1,2,4, 5—Tetrachlo robenzene

Tetrachl

orod

ibenzo—p—d lox ins

Tetrachlorodlbenzofurans

Tetrachioroethane, N.O.S.

1,1, 1,2—Tetrachloroethane

1, 1,2,2—Tetrachloroethane

Tetrachloroethyl ene

2,3, 4,6—Tetrachlorophenol

Tetreethy ldith iopyrophosphate

Tetraethyl lead

Te tr aethyl py rophos pha te

Tetranitranethane

Thall ium

Thallium compounds

Thallic oxide

Thallium (I) 

acetate

Thallium (I) carbonate

Thallium (I) chloride

Thallium (I) nitrate

Thallium selenite

Thallium (I) sulfate

Thioacetamlde

Th 10 fanox

Thiomethanol

Thiophenol

Thiosemicarbazide

Thiourea

Thiram

Tol uene

Tol uened lam me

Tol uene—2,4-d lamine

Tol uene—2, 6—d lam me

Toluene—3,4-d iamine

Toluene dilsocyanate

o—Tol uid me

o—Toluidine hydrochloride

p—Tol uld me

StranHem se~f4deSrS

Strychnidin—lO—one

Dibenzob,el,4dioxin,  

2,3,7,8—

tetrachioro—

Benzene, 1,2,4,S—tetrachloro—

Plumbarie,

tetraethyl—

Diphosphoric acid, tetraethyl ester

Methane, tetranitro—

Same

AceticThalliumacid,oxidethalliumTl203 (1+) salt

Carbonic acid, dlthallium (1+) salt

Thallium chloride T1C1

Nitric acid, thallium (1+) salt

Selenious acid, dithallium (1+) salt

Sulfuric acid, dithalliurn (1#) salt

Ethanethioarnide

2—Butanone, 3,3—dimethyl—1—

(methylthio)—, 0-

(methyl amino) carbonyl lox ime

Methanethiol

Ben zenethi ol

Hydrazlnecarbothloarnide

Same

Thioperoxydicarbonic diarnide

(H2N)C(S)2S2, tetrarnethyl—

Benzene, methyl—

Benzenediamlne, ar—methyl-

1,3—Benzenediamine, 4—methyl—

i,3—Benzenediarnlne, 2—methyl—

1,2—Benzenediamine, 4-methyl—

Benzene, 1,3—dlisocyanatoinethyl-

Benzenarnine, 2—methyl-

Benzeneamine, 2—methyl-,

hydrochloride

Benzenarnlne, 4—methyl—

Hi-4--96-1 P~-&~-

57-24—9 P108

1746—01—6

P108

95—94-3

U207

78—00-2

107-49—3

SO 9—14-8

7440-28-0

108-88-3 U220

25376—45—8 U22i

95—80-7

823—40-S

496-72-0

26471 —62—5

95-53-4

636-21-5

106-49-0 U353

Ethane, tetrachloro-, N.0.S.

Ethane, 1,1,1,2—tetrachloro—

Ethane, 1,i,2,2—tetrachloro-

Ethene, tetrachioro-

Phenol, 2,3,4,6—tetrachloro—

Thlodiphosphoric acid, tetraethyl

ester

25322 -2 0—7

63 0—20—6

79-34-5

127—18—4

58—90-2

3689-24—S

U 208

11209

11210

See F027

P109

P110

Pill

P112

P113

11214

11215

1121 6

U 217

P114

P115

U218

P045

153

P01 4

P116

P219

U 244

1314—32—5

563—68-8

6533—73—9

7791—12—0

10102—45—1

12039—52—0

7446-18—6

62—S5—5

391 96-18—

4

74—93—i

108—98-S

7 9—1 9—6

62 -56-6

137—26—8

11223

11328

U222

99—546

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED 

AMENDMENTS

Tox aph ene

1, 2,4-Trlchlorobenzene

1, i,2—Trichloroethane

Trichloroethylene

Trichlorcniethanethlol

Tr ichloromonofl uoromethane

2,4, 5—Tr ichlorophenol

2,4,6—Trichlorophenol

2,4,S—T

Trichloropropane, N.0.S.

2,3—Trichloropropane

0,0,0—Triethyl phosphorothioate

Same

Benzene, 1,2,4—trichloro—

Ethane, i,1,2—trichloro—

Ethene, trlchloro-

Methanethiol 

trichloro-

Methane, trichlorofluoro—

Phenol, 2,4,5—trichloro-

Phenol, 2,4,6—trichioro-

Acetic acid, (2,4,5—

trichlorophenoxy 

)—

Propane, 1,2,3-trichioro-

Phosphorothioic acid, 0,0,0—triethyl

ester

25735—29—9

96 -1 8—4

12 6—68-1

Uracil mustard

Vanadium pentoxide

Vinyl chloride

~4arfarin

Warfarin salts 

when present at

concentrations less than 0.3.

Warfarin salts, when present at

concentrations greater than 0.3.

Zinc cyanide

Zinc phosphide

Zinc phosphide

Benzene, 1,3,5—trinitro-

Aziridine, 1,1’,l”—

phosphinothioyl idynetris—

1—Pro panol 

•

2,3—dibromo-, phosphate

2, 7—Naphthal ened isul fonic ac Id, 3,3

‘—

(3,3 ‘—dirnethylli,i ‘—biphenyli—4,4

diyl )bis(azo)bis5—amino—4—hydroxy—,

tetrascxlium salt

2,4—(iH,3H)—Pyrimidinedlone, 5—

bis (2—chloroethyl)aminoi-

Ethene,Vanadiumchloro—oxide

V205

2H—1—Benzopyran-2—one, 4-hydroxy—3—

(3- oxo—l —phenylbuty 1)-, when present

at concentrations less than 0.3.

2K—i —Benzopyran—2—one, 4—hydroxy—3—

(3—oxo—i—phenylbutyl)-, when present

at concentrations greater than 0.3.

Zinc

Zinc

cyanide

phosphide

Zn(CN)

P2Zn3

, when present at

concentrations greater than 10.

Zinc phosphide P2Zn3, when present at

concentrations of 10 or less.

U248

Pool

557-21—1

P121

1314—84—7 P122

1314—84-7 U249

(Source: 

Amended

at 13 

Iii.

Reg.    

effective

)

8001—35—2 P123

i20—82—1

7 9—00—5

79—01—6

75—70—7

75-69-4

95—95—4

88-06-2

93-76—S

U227

U 228

P118

U121

See F027

See F027

See F027

1, 3,5—Trinitrobenzene

Tris(l—azmrldmnyl)phosphmne sulfide

Tris(2,3—dibromopropyl) phosphate

Trypan blue

(3:1)

99-35-4  11234

52-24—4

126—72—7

U235

72-57-1  11236

66—75-1  U237

Warfarln

1314—62—1

75—01—4

81 -81-2

P120

11043

11248

81—81-2  P001

99—547

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

TITLE 35:

ENVIRONMENTAL PROTECTION

SUBTITLE

G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER

C:

HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 722

STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

SUBPART A: GENERAL

Section

722.110  

Purpose, Scope and Applicability

722.111  

Hazardous Waste Determination

722.112  

USEPA Identification Numbers

SUBPART B:  THE MANiFEST

Section

722.120  

General Requirements

722.121  

Acquisition of Manifests

722.122  

Number of Copies

722.123  

Use of the Manifest

SUBPART C: PRE-TRANSPORT REQUIREMENTS

Section

722.130  

Packaging

722.131  

Labeling

722.132  

Marking

722.133  

Placarding

722.134  

Accumulation Time

SUBPART D: RECORDKEEPING AND REPORTING

Section

722.140  

Recordkeeping

722.141  

Annual Reporting

722.142  

Exception Reporting

722.143  

Additiona’ Reporting

722.144  

Special Requirements for Generators of between 100 and 1000

kilograms per month

SUBPART E:  EXPORTS OF HAZARDOUS WASTE

Secti on

722.150  

Applicability

722.151  

Definitions

722.152  

General Requirements

722.153  

Notification of Intent to Export

722.154  

Special Manifest Requirements

722.155  

Exception Report

722.156  

Annual Reports

722.157  

Recordkeeping

99—548

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

SUBPART F:

IMPORTS OF HAZARDOUS WASTE

Section

722.160

Imports of Hazardous Waste

SUBPART G: FARMERS

Section

722.170

Farmers

Appendix A Hazardous Waste Manifest

AUTHORITY: implementing Section 22.4 and authorized by Section 27 of the

Environmental Protection Act (Ill. Rev. Stat. 1937, ch. 111 1/2, pars. 1022.4

and 1027).

SOURCE: Adopted in R81-22, 43 PCB 427, at 5 Iii. Reg. 9781, effective as

noted in 

Ill. Adm. Code 700.106; amended and codified in R81—22, 45 PCB

317,

at 6 Iii. Reg. 4828, effective as noted in 35 Iii. Adm. Code 700.106;

amended in R82-18, 51 PCB 31, at 

7 Ill.

Reg. 2518, effective February 22,

1983; amended in R84-9 at 9 Ill. Reg. 11950, effective July 24, 1985; amended

in R85-22 at 10 Ill. Reg. 1131, effective January 2, 1986; amended in R86-1 at

Iii. Reg. 14112, effective August 12, 1986; amended in R86-19 at 10 111.

Reg. 20709, effective December 2, 1986; amended in R86-46 at 11 Ill. Reg.

13555, effective August 4, 1987; amended in R87-5 at 11 Iii. Reg. 19392,

effective November 12, 1987; amended in R87-39 at 12 111. Rey. 13129,

effective July 29, 1988; amended in R88-16 at 13 Iii. Reg. 452, effective

December 27, 1988; amended in R89—1 at 13 Ill. Reg.

effective

Appendix A  Hazardous Waste Manifest

The Board incorporates by reference 40 CFR 262, Appendix —4~986~as aR~eRded

at ~I.Feds Reg~3~1~9O~OetebeF 1~~986—~~8), as amended at 53 Fed. Reg.

45090, November 8, 1988. This Part incorporates no later amendments or

editions. The Agency shall prepare manifest forms based on 40 CFR 262,

Appendix, with such changes as are necessary under Illinois law.

(Source: Amended at 13 Ill. Reg.   

effective

99—549

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

TiTLE 35:

ENVIRONMENTAL PROTECTION

SUBTITLE G:

WASTE DISPOSAL

CHAPTER I:

POLLUTiON CONTROL BOARD

SUBCHAPTER

C:

HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 

724

STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE

TREATMENT, STORAGE AND DISPOSAL FACILITIES

SUBPART A:

GENERAL PROVISIONS

Section

724.101  

Purpose, Scope and Applicability

724.103

Relationship to Interim Status Standards

SUBPART B:

GENERAL FACILITY STANDARDS

Section

724.110

Applicability

724.111   

Identification Number

724.112

Required Notices

724.113

General Waste Analysis

724.114

Security

724.115

General Inspection Requirements

724.116

Personnel Training

724.117  

General Requirements for Ignitable, Reactive or Incompatible

Wastes

724.118  

Location Standards

SUBPART C: PREPAREDNESS AND PREVENTION

Section

724.130  

Applicability

724.131  

Design and Operation of Facility

724.132  

Required Equipment

724.133  

Testing and Maintenance of Equipment

724.134  

Access to Communications or Alarm System

724.135

Required Aisle Space

724.137  

Arrangements With Local Authorities

SUBPART D: CONTINGENCY PLAN ANt) EMERGENCY PROCEDURES

Secti on

724.150

Applicability

724.151  

Purpose and Implementation of Contingency Plan

724.152

Content of Contingency Plan

724.153

Copies

of Conting??ncy Plan

724. 154   

Amend~ient of Contingency Plan

724.155

Emergency Coordinator

724. 156   

Emergency Procedures

SUBPART E: MANIFEST SYSTEM, RECORDKEEPING AND REPORTING

99—550

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Secti on

724.170  

Applicability

724.171  

Use of Manifest System

724.172  

Manifest Discrepancies

724.173  

Operating Record

724.174  

Availability, Retention and Disposition of Records

724.175  

Annual Report

724.176  

Unmanifested Waste Report

724.177

Additional Reports

SUBPART F: RELEASES FROM SOLID WASTE MANAGEMENT UNITS

Section

724.190

Applicability

724.191  

Required Programs

724.192  

Groundwater Protection Standard

724.193  

Hazardous Constituents

724.194  

Concentration Limits

724.195  

Point of Compliance

724.196  

Compliance Period

724.197  

General Groundwater Monitoring Requirements

724.198  

Detection Monitoring Program

724.199  

Compliance Monitoring Program

724.200  

Corrective Action Program

724.201  

Corrective Action for Solid Waste Management Units

SUBPART G: CLOSURE AND POST-CLOSURE

Section

724.210  

Applicability

724.211  

Closure Performance Standard

724.212  

Closure Plan; Amendment of Plan

724.213  

Closure; Time Allowed For Closure

724.214  

Disposal or Decontamination of Equipment, Structures and Soils

724.215  

Certification of Closure

724.216  

Survey Plat

724.217  

Post—closure Care and Use of Property

724.218  

Post-closure Plan; Amendment of Plan

724.219  

Post—closure Notices

724.220  

Certification of Completion of Post—closure Care

SUBPART H:  FINANCIAL REQUIREMENTS

Section

724.240  

Applicability

724.241  

Definitions of Terms As Used In This Subpart

724.242

Cost Estimate for Closure

724.243  

Financial Assurance for Closure

724.244  

Cost Estimate for Post—Closure Care

724.245  

Financial Assurance for Post-Closure Care

724.246  

Use of a Mechanism for Financial Assurance of Both Closure and

9 9—55 1

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Post—Closure Care

724.247  

Liability Requirements

724.248  

Incapacity of Owners or Operators, Guarantors or Financial

Institutions

724.251  

Wording of the Instruments

SUBPART I: USE 

AND MANAGEMENT OF CONTAINERS

Secti on

724.270  

Applicability

724.271  

Condition of Containers

724.272  

Compatibility of Waste With Container

724.273  

Management of Containers

724.274  

Inspections

724.275  

Containment

724.276  

Special Requirements for Ignitable or Reactive Waste

724.277  

Special Requirements for Incompatible Wastes

724.278  

Closure

SUBPART J: TANK SYSTEMS

Secti on

724.290  

Applicability

724.291  

Assessment of Existing Tank System’s Integrity

724.292

Design and Installation of Ne~iTank Systems or Components

724.293  

Containment and Detection of Releases

724.294  

General Operating Requirements

724.295  

Inspections

724.296  

Response to Leaks or Spills and Disposition of Leaking or unfit—

for—use Tank Systems

724.297  

Closure and Post-Closure Care

724.298  

Special Requirements ~~rr5~nitableor Reactive Waste

724.299  

Special Requirements for Incompatible Wastes

724.300  

Special Requirements for Hazardous Wastes FO2O, FO21, FO22, F023,

F026 and F027

SUBPART K: SURFACE IMPOUNDMENTS

Section

724.320  

Applicability

724.321  

Design and Operating Requirements

724.322  

Double—lined Surface Impoundments: Exemption from Subpart F:

Groundwater Protection Requirements (Repealed)

724.326  

Monitoring and Inspection

724.327  

Emergency Repairs; Contingency Plans

124.328  

Closure and Post-Closure Care

724.329  

Special Requirements for Ignitable or Reactive Waste

724.330  

Special Requirements for Incompatible Wastes

724.331  

Special Requirements for Hazardous Wastes FO2O, F021, F022, F023,

FO26

and F027

9 9—552

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

SUBPART L: WASTE PILES

Secti on

724.350  

Applicability

724.351  

Design and Operating 

Requirements

724.352  

Double—lined Piles: Exemption from Subpart F: Groundwater

Protection Requirements (Repealed)

724.353  

Inspection of Liners: Exemption from Subpart F: Groundwater

Protection Requirements (Repealed)

724.354  

Monitoring and Inspection

724.356  

Special Requirements for Ignitable or Reactive Waste

724.357  

Special Requirements for Incompatible Wastes

724.358  

Closure and Post—Closure Care

724.359  

Special Requirements for Hazardous Wastes F020, FO21, F022, FO23,

FO26 and FO27

SUBPART NI:

LAND TREATMENT

Section

724.370  

Applicability

724.371

Treatment Program

724.372  

Treatment Demonstration

724.373  

Design and Operating Requirements

724.376  

Food-chain Crops

724.378  

Unsaturated Zone Monitoring

724.379

Recordkeeping

724.380  

Closure and Post-Closure Care

724.381  

Special Requirements for Ignitable or Reactive Waste

724.382  

Special Requirements for Incompatible Wastes

724.383  

Special Requirements for Hazardous Wastes FO2O, FO21, F022, FO23,

FO26 and F027

SUBPART N: LANDFILLS

Secti on

724.400

Applicability

724.401

Design and Operating Requirements

724.402  

Double-lined Landfills: Exemption from Subpart F: Groundwater

Protection Requirements (Repealed)

724.403  

Monitoring and Inspection

724.409  

Surveying and Recordkeeping

724.410  

Closure and Post—Closure Care

724.412  

Special Requirements for Ignitable or Reactive Waste

724.413  

Special Requirements for Incompatible Wastes

724.414  

Special Requirements for Bulk and Containerized Liquids

724.415  

Special Requirements for Containers

724.416  

Disposal of Small Containers of Hazardous Waste in Overpacked

Drums (Lab Packs)

724.417  

Special Requirements for Hazardous Wastes FO2O, F021, FO22, F023,

F026 and FO27

99—55 3

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

SUBPART 0: INCINERATORS

Secti on

724.440  

Applicability

724.441

Waste Analysis

724.442  

Principal Organic Hazardous Constituents (POHCs)

724.443  

Performance Standards

724.444

Hazardous Waste Incinerator Permits

724.445  

Operating Requirements

724.447  

Monitoring and Inspections

724.451  

Closure

SUBPART X:

MISCELLANEOUS J~’UTS

Secti on

724.701  

Applicability

724.701

Environmental Performance Standards

724.702  

Monitoring, Analysis, Inspection, Response, Reporting and

Corrective Action

724.703  

Post—closure Care

Appendix A Recordkeeping Instructions

Appendix B EPA Report Form and Instructions (Repealed)

Appendix D Cochran’s Approximation to the Behrens-Fisher

Student’s t—test

Appendix E Examples of Potentially Incompatible Waste

Appendix I  Groundwater Monitoring List

AUTHORITY: Implementing Section 22.4 and authorized by Section 27 of the

Environmental Protection Act (Ill. Rev. Stat. 1987, ch. 111 1/2, pars. 1022.4

and 1027).

SOURCE: Adopted in R82-19, 53 PCB 131, at 7 Ill. Reg. 14059, effective

October 12, 1983; amended in R84-9 at 9 Ill. Rey. 11964, effective July 24,

1985; amended in R85—22 at 10 Ill. Reg. 1136, effective January 2, 1986;

amended in P86-i at 10 Ill. Reg. 14119, effective August 12, 1986; amended in

P86-28

at 11 Ill. Reg. 6138, 

effective March 24, 1987; amended

in P86-28 at 11

Ill. Peg. 8684, effective April 21, 1987; amended in P86-46 at 11 Ill. Reg.

13577,

effective August 

4, 1987; amended

in R87-5 at 11 111. Reg. 19397,

effective November 12, 1987;

amended in P87—39 at 12 Ill. Reg. 13135,

effective July 29, 1988; amended in P88-16 at 13 Ill. Reg. 458, effective

December 27, 1988; amended in R89-i at 13 Ill. Reg.

effective

SUBPART B: GENERAL FACILITY STANDARDS

Section 724.110  Applicability

a)  The regulations in this Subpart apply to owners and operators of all

hazardous waste facilities, except as provided in Section 724.101 and

99—554

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

paragraph (b).

Section 724.118(b) applies only to facilities subject to regulation

under Subparts I through 0 and Subpart X.

Source: Amended at 13 Ill. Peg.    

effective

Section 724.113  General Waste Analysis

a)  Analysis:

Before an owner or operator treats, stores or disposes of any

hazardous waste, the owner or operator —~st—shall obtain a

detailed chemical and physical analysis of a representative

sample of the waste. At a minimum, this analysis must contain

all the information which must be known to treat, store or

dispose of the waste in accordance with the requirements of this

Part or 35 111. Adm. Code 728, or with the conditions of a

permit issued under 35 Ill. Adm. Code 702, 703 and 705.

2)  The analysis may include data developed under 35 Ill. Adn. Code

721, and existing published or documented data on 

the

hazardous

waste or on hazardous waste generated from similar processes.

BOARD NOTE: For example, the facility’s records of analyses

performed on the waste before the effective date of these

regulations, or studies conducted on hazardous waste generated

from processes similar to that which generated the waste to be

managed at the facility, may be included in the data base

required to comply with subsection (a)(1). The owner or

operator of an off—site facility may arrange for the generator

of the hazardous waste to supply part or all of the information

required by subsection (a)(i). if the generator does not supply

the information, and the owner or operator chooses to accept a

hazardous waste, the owner or operator is responsible for

obtaining the information required to comply 

with

this Section.

3)  The analysis must be repeated as necessary to ensure that it is

accurate and up to date. At a minimum, the analysis must be

repeated:

A) When the owner or operator is notified, or has reason to

believe, that the process or operation generating the

hazardous waste has changed; and

For off—site facilities, when the results of the inspection

required in subsection (a)(4) indicate that the hazardous

waste received at the facility

does not match 

the waste

99—555

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

designated on the accompanying manifest or shipping paper.

4)  The owner or operator of an off-site facility —~st—shall

inspect and, if necessary, analyze each hazardous waste movement

received at the facility to determine whether it matches the

identity of the waste specified on the accompanying manifest or

shipping paper.

b) The owner or operator —~st—shalldevelop and follow a written waste

analysis plan which describes the procedures which it will carry out

to comply with subsection (a). The owner or operator —~st—shall

keep this plan at the facility. At a minimum, the plan must specify:

1)  The parameters for which each hazardous waste will be analyzed

and the rationale for the selection of these parameters (i.e.,

how analysis for these parameters will provide sufficient

information on the waste’s properties to comply with subsection

(a)).

2)  The test methods which will be used to test for these

parameters.

3)  The sampling method which will be used to obtain a

representative sample of the waste to be analyzed. A

representative sample may be obtained using either:

A) One of the sampling methods described in 35 Ill. 

Adm.

Code

721.Appendix A; or

B)  An equivalent sampling method.

BOARD NOTE: See 35 Ill. Adm. Code 720.121 for related

discussion.

4) The frequency with which the initial analysis of the waste will

be reviewed or repeated to ensure that the analysis is accurate

and up to date.

5) For off—site facilities, the waste analyses that hazardous waste

generators have agreed to supply.

6)  Where applicable, the methods which will be used to meet the

additional waste analysis requirements for specific waste

management methods as specified in Sections 724.117, 724.414 and

724.441, and 35 Ill. Adm. Code 728.107. And,

7) For surface impoundments exempted from land disposal

restrictions under 35 Ill. Adm. Code 728.104(a), 

the

procedures

99— 556

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

and schedules for:

A) The sampling of impoundment contents;

B) The analysis of test data; and,

C) The annual removal of residues which are not delisted under

35 Ill. Adm. Code 720.122 -and ~e net—or which exhibit a

characteristic of hazardous waste, and either:

~J Do-

whi~eh ~e— not meet -the—appl icable 

treatment

standards of 35 Ill. Adm. Code 728.Subpart 0— e~

where—; or

ii)

Where no treatment standards have been established—1——

the ann~a~~e~eva4~ec ~es~~*eswh~-eh~e net meet the

ap~4ea~e eh4~4t4~eR1eve~s 4n 3~I14r A~i~Ge~e

~~—:

Such residues are prohibited from

land disposal under 35 Ill. Adm. Code 728.132 or

728.139; or such residues are prohibited from land

disposal under 35 Ill. Adm. Code 728.133(f).

c)  For off-site facilities, the waste analysis plan required in

subsection (b) must also specify the procedures vihich will be used to

inspect and, if necessary, analyze each movement of hazardous waste

received at the facility to ensure that it matches the identity of

the waste designated on the accompanying manifest or shipping

paper. At a minimum, the plan must describe:

1)  The procedures which will be used to determine the identity of

each movement of waste managed at the facility; and

2)  The sampling method which will be used to obtain a

representative sample of the waste to be identified, if the

identification method includes sampling.

BOARD NOTE: 35 Ill. Adm. Code 703, requires that the waste

analysis plan be submitted with Part B of the permit

application.

Source: Amended at 13 Ill. Reg.    

effective

Section 724.115  General Inspection Requirements

a)  The owner or operator —Rust—shall conduct inspections often enough to

identify problems in time to correct them before they harm human

health or the environment. The owner or operator —~st—shall inspect

the facility for malfunctions and deterioration, operator errors and

99—557

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

discharges which may be causing, or may lead to:

1)  Release of hazardous waste constituents to the envi ronment; or

2)  A threat to human health.

Inspection schedule.

1)  The owner or operator —~st—shalldevelop and follow a written

schedule for inspecting monitoring equipment, safety and

emergency equipment, security devices and operating and

structural equipment (such as dikes and sump pumps) that are

important to preventing, detecting or responding to

environmental or human health hazards.

2)  The owner or operator —n~st—shall keep this schedule at the

facility.

3)  The schedule must identify the types of problems (e.g.,

malfunctions or deterioration) which are to be looked for during

the inspection (e.g., inoperative sump pump, leaking fitting,

eroding dike, etc.).

4) The frequency of inspection may vary for the items on the

schedule. However, it should be based on the rate of possible

deterioration of the equipment and the probability of an

environmental or human health incident if the deterioration,

malfunction or any operator error goes undetected between

inspections. Areas subject to spills, such as loading and

unloading areas, must be inspected daily when in use. At a

minimum, the inspection schedule must include the terms and

frequencies called for in Sections 724.274, —~24~29~~~24~295—

724.294, 724.326, 724.353, 724.354, 724.403, —and —724.447 and

724.702, where applicable.

BOARD NOTE: 35 Ill. Adm. Code 703 requires the inspection

schedule to be submitted with Part B of the permit

application. The Agency will evaluate the schedule along with

the rest of the application to ensure that it adequately

protects human health and the environment. As part of this

review, the Agency may modify or amend the schedule as may be

necessary.

c)  The owner or operator —~st-shall remedy any deterioration or

malfunction of equipment or structures which the inspection reveals

on a schedule which ensures that the problem does not lead to an

environmental or human health hazard. Where a hazard is inhmiinent or

has already occurred, remedial action must be taken immediately.

99—

558

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

d)  The owner or operator —~st—shall record inspections in an inspection

log or suninary. The owner or operator -~st—shall keep these records

for at least three years from the date of inspection. At a minimum,

these records must include the date and time of the inspection, the

name of the inspector, a notation of the observations made and the

date and nature of any repairs or other remedial actions.

Source: Amended at 13 111. Peg.    

effective

Section 724. 118  Location Standards

a)  Seismic considerations

1)  Portions of new facilities where treatment, storage or disposal

of hazardous waste will be conducted must not be located within

61 meters (200 feet) of a fault which has had displacement in

Holocene time.

As used in subsection (a)(1):

A)  “Fault” means a fracture along with rocks an one side have

been displaced with respect to those on the other side.

B)  “Displacement” means the relative movement of any two sides

of a fault measured in any direction.

C)  “Holocene” means the most recent epoch of the Quarternary

period, extending from the end of the Pleistocene to the

present.

BOARD NOTE: Procedures for demonstrating compliance with

this standard in Part B of the permit application are

specified in 35 Ill. Adm. Code 703.182. Facilities which

are located in political jurisdications other than those

listed in 40 CFR 264.Appendix VI (—~98~—1988)are assumed

to be in compliance with this requirement.

Floodplains.

1)  A facility located in a 100 year floodplain must be designed,

constructed, operated and maintained to prevent washout of any

hazardous waste by a 100-year flood, unless the owner or

operator can demonstrate to the Agency’s satisfaction that:

A) Procedures are in effect which will cause the waste to be

removed safely, before flood waters can reach the facility,

to a location where the wastes will not be vulnerable to

99— 559

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

flood waters; or

For existing surface impoundments, waste piles, land

treatment units, —and 

—landfills and miscellaneous units,

no adverse effect on human health or the environment will

result if washout occurs, considering:

i)  The volume and physical and chemical characteristics

of the waste in the facility;

ii)

The concentration of hazardous constituents that would

potentially affect surface waters as a result of

washout;

iii) The impact of such concentrations on the current or

potential uses of and water quality standards

established for the affected surface waters; and

iv) The impact of hazardous constituents on the sediments

of affected surface waters or the soils of the 100-

year floodplain 

that

could result from washout;

As used in subsection (b)(1):

A)  “100—year floodplain” means any land area which is subject

to a one percent or greater chance of flooding in any given

year from any source.

B)  “Washout” means the movement of hazardous waste from the

active portion of the facility as a result of flooding.

“100—year flood” means a flood that has a one percent

chance of being equalled or exceeded in any given year.

BOARD NOTE: Requiremnents pertaining to other Federal laws

which affect the location and permitting of facilities are

found in 40 CFR 270.3. For details relative to these laws,

see EPA’s manual for SEA (special environmental area)

requirements for hazardous waste facility permits. Though

EPA is responsible for complying with these requirements,

applicants are advised to consider them in planning the

location of a facility to help prevent subsequent project

delays. Facilities may be required to obtain from the

Illinois Department of Transportation on a permit or

certification that a facility is flood-proofed.

c)  Salt dome formations, salt bed formations, underground mines and

caves. The placement of any non—containerized or bulk liquid

99—560

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED 

AMENDMENTS

hazardous waste in any salt dome formation, salt bed formation,

underground cave or mine is prohibited.

(Source: Amended at 13 Ill. Peg.   

effective         

)

SUBPART D: CONTINGENCY PLAN AND EMERGENCY PROCEDURES

Section 724.154  Amendment of Contingency Plan

The contingency plan must be reviewed, and inniediately amended, if necessary,

when:

a) The facility permit is revised;

b)  The plan fails in an emergency;

c)  The facility changes 

-—

in its design, construction, operation

maintenance or other circumstances 

——

in a way that materially

increases the potential for fires, explosions or releases of

hazardous waste 

or hazardous waste constituents, or changes the

response necessary 

an emergency.

d) The list of emergency coordinators changes; or

e)  The list of emergency equipment changes.

~AR~ ~ A ehan~e 4n the 1.4sts of faei3ity e~nec~eneyeee~d~nate~s

OF eq~4pnent~n the eent4~n~eneyp~anpan eenst4t~tes a FH4AOP

n~ed~f4eat4ente the ~aei~ty pe~n~4tto whi~eh the p~an~s a

eond*t4eAT—

(Source: Amended at 13 Ill. Reg.   

effective

SUBPART E: MANIFEST SYSTEM, RECORDKEEPING AND REPORTING

Section 724.173  Operating Record

a) The owner or operator -~st—shall keep a written operating record at

the facility.

b) The following information must be recorded, as it becomes available,

and maintained in the operating record until closure of the facility:

1)  A description and the quantity of each hazardous waste received,

and the methodor methods and date or dates of its treatment,

storage or disposal at the facility as required by Appendix A;

2) The location of each hazardous waste within the facility and the

99—561

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED 

AMENDMENTS

quantity at each location. For disposal facilities, the

location and quantity of each hazardous waste must be recorded

on a map or diagram of each cell or disposal area. For all

facilities, this information must include cross—references to

specific manifest document numbers, if the waste was accompanied

by a manifest;

BOARD NOTE: See Section 724.219 for related requirements.

3) Records and results of waste analyses performed as specified in

Sections 724.113, 724.117, 724.414 and 724.441, and in 35 Ill.

Adm. Code 728.104(a) and 728.107;

4)  Summary reports and details of all incidents that require

implementing the contingency plan as specified in Section

724.156(j);

5)  Records and results of inspections as required by Section

724.115(d) (except these data need to be kept only three years);

6) Monitoring, testing or analytical data and corrective action

where required by Subpart F or Sections —24~9~~4-29~

~24~29~ —724.326, 724.353, 724.354, 724.376, 724.378, 724.380,

724.403, 724.409, —es— 724.447 or 724.702.

7)  For off—site facilities, notices to generators as specified in

Section 724.112(b);

8) All closure cost estimates under Section 724.242 and, for

disposal facilities, all post-closure cost estimates under

Section 724.244;

9) A

certification by the permittee, no less often than annually:

that the permittee has a program in place to reduce the volume

and toxicity of hazardous waste that the permittee generates, to

the degree the permittee determines to be economically

practicable; and that the proposed method of treatment, storage

or disposal is that practicable method currently available to

the permittee which minimizes the persent and future threat to

human health and the environment;

10) Records of the quantities (and date of placement) for each

shipment of hazardous waste placed in land disposal units under

an extension of the effective date of any land disposal

restriction granted pursuant to 35 Ill. Adm. Code 728.105, —e~

-a petition pursuant to 35 Ill. Adm. Code -4Q61—728.1O6 or a

certification under 35 Ill. Adm. Code 728.108, and the

applicable notice required of a generator under 35 Ill. Adm.

99— 562

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED 

AMENDMENTS

Code 728.1O7(a)—(~-;

11) For an off—site treatment facility, a copy of the notice, and

the certification and demonstration, if applicable, required of

—a—the

generator or the owner or operator under 35 Ill. Adm.

Code 728.107—~a~~—or 728.108

12) For an on-site treatment facility, the information contained in

the notice (except the manifest number), and the certification

and demonstration, if applicable, required of 

—a-the

generator

ore~eeptthe owner

~OF theor nan4festoperator n~~e~—under

35or Ill.728.108Adm. Code 728.1O7—4a4~~1

13) For an off-site land disposal facility, a copy of the notice—and

de~enstFat4eR—, and the certification and demonstration, if

applicable, required of the generator or the owner or operator

of a treatment facility under 35 Ill. Adm. Code 728.1O7—Eh~~4

and 42~~OF a ee~ye~the net4ee and ee~t*f4eat4on~eqt~4~edof

the ~ene~ate~wAdeF 31 ~14~Adnr Gede 8r~@~a4~2~—or 728.108,

whichever is applicable; and

14) For an on-site land disposal facility, the information contained

in the notice required of the generator or owner or operator of

a treatment facility under 35 Ill. Adm. Code 728.107—~a~24—,

except for the manifest number, —OF the ~Rfecfflat~eAeenta~ned4n

the net4ee Peqa4Fed of the tPeateF wnde~31 ~I-h AdFH~Gede

28Qb~~41 ekeept feF the nan4fest nw~thep—, and the

certification and demonstration if applicable, required under 35

Ill. Adm. Code 728.108, whichever is applicable.

15) For an off—site storage facility, a copy of the notice, and the

certification and demonstration if applicable, required of the

generator or the owner or operator under 35 Ill. Adm. Code

728.107 or 728.108; and,

~ For an on-site storage facility, the information contained in

the notice (except the manifest number), and the certification

and demonstration if applicable, required of the generator or

the owner or operator under 35 Ill. Adm. Code 728.107 or

728. 108.

(Source: Amended at 13 Ill. Peg.   

effective

SUBPART F: RELEASES FROM SOLID WASTE MANAGEMENT UNITS

Section 724.190  Applicability

a)  Types of units.

99—563

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

1)  Except as provided in subsection (b), the regulations in this

Subpart apply to owners and operators of facilities that treat,

store or dispose of hazardous waste. The owner or operator

—~st—shall satisfy the requirements identified in subsection

(a)(2) for all wastes (or constituents thereof) contained in

solid waste management units at the facility regardless of the

time at which waste was placed in such units.

2) All solid waste management units must comply with the

requirements in Section 724.201. A surface impoundment, waste

pile, land treatment unit or landfill that receives hazardous

waste after July 26, 1982 (hereinafter referred to as a

“regulated unit”) must comply with the requirements of Sections

724.191 through 724.200 in lieu of Section 724.201 for purposes

of detecting, characterizing and responding to releases to the

uppermost aquifer. The financial responsibility requirements of

Section 724.201 apply to regulated units.

b)  ihe owner or operator’s regulated unit or units are not subject to

regulation for releases into the uppermost aquifer under this Subpart

if:

1)  The owner or operator is exempted under Section 724.101; or,

The owner or operator operates a unit which the Agency finds:

A)  Is an engineered structure.

B)  Does not receive or contain liquid waste or waste

containing free liquids.

Is designed and operated to exclude liquid, precipitation

and other run~on and run—off.

D)  Has both inner and outer layers of containment enclosing

the waste.

E) Has a leak detection system built into each containment

layer.

F) The owner or operator will provide continuing operation and

maintenance

of these leak detection systems during the

active life of the unit and the closure and post—cl osure

care periods, and

G) To a reasonable degree of certainty, will not allow

hazardous constituents to migrate beyond the outer

99—564

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED 

AMENDMENTS

containment layer prior to the end of the post-closure care

per i od.

3) The Agency

finds, pursuant to Section 724.380(d), that the

treatment zone of a land treatment unit that qualifies as a

regulated unit does not contain levels of hazardous constituents

that are above background levels of those constituents by an

amount that is statistically significant, and if an unsaturated

zone monitoring program meeting the requirements of Section

724.378 has not shown a statistically significant increase in

hazardous constituents below the treatment zone during the

operating life of the unit. An exemption under this paragraph

can only relieve an owner or operator of responsibility to meet

the requirements of this Subpart during the post—closure care

period; or

4) The Agency finds that there is no potential for migration of

liquid from a regulated unit to the uppermost aquifer during the

active life of the regulated unit (including the closure period)

and the post—closure care period specified under Section

724.217.

This demonstration must be certified by a qualified

geologist or geotechnical engineer. In order to provide an

adequate margin of safety in the prediction of potential

migration of liquid, the owner or operator —~st—shall base any

predictions made under this paragraph on assumptions that

maximize the rate of liquid migration.

5)  The owner or operator designs arid operates a pile in compliance

with Section 724.350(c).

c)  The regulations under this Subpart apply during the active life of

the regulated unit (including the closure period). After closure of

the regulated unit, the regulations in this Subpart;

1)  Do not apply if all waste, waste residues, contaminated

containment system components and contaminated subsoils are

removed or decontaminated at closure;

2)  Apply during the post-closure care period under Section 724.217

if the owner or operator is conducting a detection monitoring

program under Section 724.198; or

3) Apply during the compliance period under Section 724.196 if 

the

owner or operator is conducting a compliance monitoring program

under Section 724.199 or a corrective action program under

Section 724.200.

4~ This Subpart applies to miscellaneous units if necessary to comply

99—565

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

with Sections 724. 701 through 724. 703.

(Source: Amended at 13 Ill. Reg.   

effective

Section 724.191  Required Programs

a)  Owners and operators subject to this Subpart —H*Ast—shall conduct a

monitoring and response program as follows:

1)  Whenever hazardous constituents under Section 724.193 from a

regulated unit are detected at —the—a compliance point under

Section 724.195, the owner or operator —~st-sha1l institute a

compliance monitoring program under 

Section 724.199-i—.

“Detected” is defined as statistically significant evidence of

contamination as described in Section 724.198(f).

2)  Whenever the groundwater protection standard under Section

724.192 is exceeded, the owner or operator —~wst—shall institute

a corrective action program under Section 724.200. “Exceeded”

is defined as statistically significant evidence of increased

contamination as described in Section 724.199(d).

3) Whenever hazardous constituents under Section 724.193 from a

regulated unit exceed concentration limits under Section 724.194

in groundwater between the compliance point under Section

724.195 and the downgradient facility property boundary, the

owner or operator —w~st—shall institute a corrective action

program under Section 724.200; or

4)  In all other cases, the owner or operator -~wst—shall institute

a detection monitoring program under Section 724.198.

b)  The Agency will specify in the facility permit the specific elements

of the monitoring and response program. The Agency may include one

or more of the programs identified in paragraph (a) in the facility

permit as may be necessary to protect human health and the

environment and will specify the circumstances under 

which

each of

the programs 

will

be required. In deciding whether to require the

owner or

operator to be prepared to institute a particular program,

the Agency will consider the potential adverse effects on human

health and the environment that night occur before final

administrative action on a permit modification application to

incorporate such a program could be taken.

(Source: Amended at 13 Ill. Reg.   

effective

Section 724.192  Groundwater Protection Standard

99—566

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

The owner or operator —~wst—shall comply with conditions specified in the

facility permit that are designed to ensure that hazardous constituents under

Section 724.193 —ente~4n~—detectedin the groundwater from a regulated unit do

not exceed the concentration limits under Section 724.194 in the uppermost

aquifer underlying the waste management area beyond the point of compliance

under Section 724.195 during the compliance period under Section 724.195. The

Agency will establish this groundwater protection standard in the facility

permit when hazardous constituents have —enteFed—been detected in the

groundwater— fpe~a ~egwI~atedwn4t—.

(Source: Amended at 13 Ill. Peg.   

effective

Section 724.197

General Groundwater Monitoring Requirements

The owner or operator —~wst—shall comply with the following requirements for

any groundwater monitoring program developed to satisfy Section 724.198,

724.199 or 724.200.

a)  The groundwater monitoring system must consist of a sufficient number

of wells, installed at appropriate locations and depths to yield

groundwater samples from the uppermost aquifer that:

1)  Represent the quality of background water that has not been

affected by leakage from a regulated unit—t and—. A

determination of background quality may include sampling of

wells that are not hydraulically upgradient from the waste

management area where:

~j Hydrogeologic conditions do not allow the owner or

operator to determine what wells are upgradient; or

~ Sampling at other wells will provide an indication of

background groundwater quality that is as

representative or more representative than that

provided by the upgradient wells. And,

2) Represent the quality of groundwater passing the point of

compliance. And,

3) Allow for the detection of contamination when hazardous waste or

hazardous constituents have migrated from the hazardous waste

management area to the uppermost aquifer.

b)  If a facility contains more than one regulated unit, separate

groundwater monitoring systems are not required for’ each regulated

unit provided that provisions for sampling the groundwater in the

uppermost aquifer will enable detection and measurement at the

compliance point of hazardous constituents from the regulated units

99—567

ILLINOIS REGISTER

POLLUTiON CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

that have entered the groundwater in the uppermost aquifer.

c) All monitoring wells must be cased in a manner that maintains the

integrity of the monitoring well bore hole. This casing must be

screened or perforated and packed with gravel or sand, where

necessary, to enable collection of groundwater samples. The annular

space (i.e., the space between the bore hole and well casing) above

the sampling depth must be sealed to prevent contamination of samples

and the groundwater.

The groundwater monitoring program must include consistent sampling

and analysis procedures that are designed to ensure monitoring

results that provide a reliable indication of groundwater quality

below the waste management area. At a minimum the program must

include procedures and techniques for:

Sample collection;

Sample preservation and shipment;

Analytical procedures; and

Chain of custody control,

e) The groundwater monitoring progran~must 

include sampling

and

analytical methods that are appropriate for groundwater sampling and

that accurately measure hazardous constituents in groundwater

samples.

The groundwater monitoring program must include a determination of

the groundwater surface elevation each time groundwater is sampled.

Wheffe appFepFfate~the ~Fe~tAdwateFnen+teF4n~~F99F&R~ i~wst esta~~sh

baekgFewnd ~~ewndwate~qwa~r4~tyfe~each e~the ha~aFdewseenst4twents

OF n~eA~teFRR~~aFa~eteF~OF eenst4twents s~ee4f4ed 4n the 

~eF1w~tT

~ ~-nthe deteet4on n~on4.te~4ngpFe~FaFndndeF Seet4en 724~198~

~aek~Fewnd~FewRdwateFq~a~4tyfeFan~en~te~4n~~aFanIeteP

OF

eenst4twent ~nwst~e based en data fFeR~~waFteF~ysan~pI4ng of

wePs wp~Fad4entf~e~the

waste ~ana~e~entarea fe~ene yeaFr

24 1n

the ee~14aneen~en4te~4n~~~eg~anwnde~Seet~en 4~499~

baek~cewnd~FewndwateF~a~4ty feff a ha~a~dewseenst4~t~ient~wst

be based en data fFe~w~Fad~fentwe~sthat~

I~s ava4I.ab4e befeFe the pe~n~4t4s 4sswedt

B-)

Aeeewnts fe~n~easwceRent OFFOFS 

sa pI4n~and ana~ys4s~-

99—568

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

and

G-)  AceewntsT to the extent feas4b~e~feF seasona~~wctwat*ens

baek~FewRdgFewndwateF ~wa~4ty44 swch flwctwat4ens a~e

exj~ected to affect the eoneent~at~enof the ha~a~dows

e on st 

went

~ B~aek~FewRd~wa~4tynay be based on san~I4ngof wefl-s that a~e

net w~~ad4entfFen the waste nanagenent area wheFe~-

A4  ~4yd~egeeI-o~i~ccend4t4ens do not al4ew the owner OF epeFatoF

to deteFn4ne what wel4s a~ewpg~ad+ent~OF

B   San~4-ngat other weI-~-s wi-fl ~Fev4dean 4nd~eat4enof

backgFewnd §FowndwateF ~waI~4tythat 4s as FepFesentat+ve 

ne~effe~pesentat+ve than that p~ov4dedby the w~gFad4ent

weP~s~

44 I-n de~eI~ep4ngthe data base wsed to deteFn4ne a aekgFownd va~-we

feF each paffaneteF OF eenst4~twent the ewne~op epecateP nwst

take a n4n4nwn of one sanpe f~eneach we44 and a 

n4n4~nwnof

fow~sanpes fcen the ent~~esysten wsed to dete~n4nebackg~ewnd

g~owndwate~qwa~4tyTeach t4me the systen 4s sanp~ed~

The ewne~op epePato~nwst wse the fo~ow4ngstat4st4ea4 p~oeedw~e~n

dete~n4n4n~whether baekg~ewndvawes OF eencent~at+on44n4ts ha~ie

been exeeeded~

~ I-ft

~n a deteet4en non+te~+ngpFegFan~the 4e~’eI~of a

const4twent at the eonp44anee pe4nt 4s to be conpa~edto the

eenst4twent-~s baekg~owndvalwe and that backgcownd va~-we has a

sampe eeeff4c4ent of va~4at4on ‘ess than 

~@~-

A-)  The ewne~op ope~atoFnwst take at least fow~pe~t+ensf~on

a sanp~eat each weTT at the eonp4.4anee po4nt and deteFm4Re

whether the d4ffe~encebetween the nean of the ?onst4twent

at each we~4~ws4nga~4pe~t4enstaken and the backg~ewnd

~~‘alwefo~the const4twent +5 s4-gn4~f*eant at the 

evel

ws4ng the Geeh~an-~sApp~ex~nat4onto the Beh~ens—~4she~

Stwdent~st—test as desc~~bed4n Append4~

I-Vr

I-f

the test

4nd4cates that the d*ffe~ence 4s s4.gn4f4cantT the ewne~OF

epePato~nwst Fepeat the sane ppocedw~e4with at east the

sanie nwnbe~of pe~t+onsas wsed 4n the f4cst test) w4th a

fresh sanp~ef~enthe nen+teFFng wefl~~14 th4s second

~owndof ana~yses4nd4eates that the d4ffe~ence4s

s4gn4f4eant~the ewne~o~epeFatoF nwst eeneiwde that a

stat*st4ca~ys4~gn4f4eant change has eecw~~edtOF

9 9—569

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

B4 The ewne~o~epe~atoFnay ~se an e~wh’a4ent stat*st4ca4

pFocedwFe fe~dete~w4n4ngwhether a stat4st4ea44y

s4gn~f4eant change has ocewpped~ The Agency w*~4spec4-fy

swch a p~eeedw~e4n the fae4l-4ty pe~n4t 4f ~t f4nds that

the a~teFRat4’~’epvocedw~e Feasenab1~y ba4enees the

p~ebab4~4tyoffa1-se~y4dent4fy~n~a nen—contan4nat4ng

~egw~atedwn4t and the p~ebab4~tyof fa~4ngto i~dent*fy a

eontan4nat4ng ~egw4atedwn4t 4n a nanne~that 4s eonpa~ab~e

to that of the stat4st4ca~ pFeeeew~edesc,4bed 4n pa~ag~aph

2’)  I-~ a14 ether s~rtwat4eRs ~-na deteet4en non4te~4ngp~egcanand 4-n

a conp~-4aneenon4te~4ngp~ogFan~the ewne~er~ opeFateF nwst wse

a stat4st4eamr p~oeedw~epFov4d4Rg ~easenabe cenf4-dence that the

n+g~at+on of haaa~dowseenst4twents f~ona Fegwated wn4t 4nte

and th~ewghthe aqw4fe~w441 be 4nd4-eated~ The Agency wi-I-4

spee4.fy a stat4st4-ea4 pFocedw~e4-n the fac4~type~n4-t that 4t

f4nds~

I-s app~ep~4atefe~the d4st~4-bwt4on of the data wsed to

estabI4sh baekg~ewndvawes

es~ eeneentFat4on 44~4tstand

B-)  Ppov4des a Feasonab~ebal-ance between the p~obab4-~4tyof

fa~se~y4dent4fy4ng a non-centan4-nat4ng ~egw4atedwn4t and

the p~ohab444-ty of fa444ng to 4dent4fy a centan4nat4-ng

~egw4ated

wn4tr—

~ In detection monitoring or where appropriate in compliance

monitoring, data on each hazardous constituent specified in the

permit will be collected from background wells and wells at the

compliance point(s). The number and kinds of samples collected to

establish background must be appropriate for the form of statistical

test employed, following generally accepted statistical principles.

The sample size must be as large as necessary to ensure with

reasonable confidence that a contaminant release to groundwater from

facility will be detected. The owner or operator will determine an

appropriate sampl ing procedure and interval for each hazardous

constituent listed in the facility permit which must be specified in

the unit permit upon approval by 

the Agency. This sampling

procedure

must be:

fl,

A sequence of at least four samples, taken at an interval that

assures, to the greatest extent technically feasible, that an

independent sample is obtained, by reference to the uppermost

,~q~ifer’seffective porosity, hydraulic conductivity and

!~c1raulic gradient, and the fate and transport characteristics

of the potential contaminants; or

99—5 70

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

An alternate sampling procedure proposed by the owner or

operator and approved by the Agency.

The owner or operator shall specify one of the following statistical

methods to be used in evaluating groundwater monitoring data for each

hazardous constituent which, upon approval by the Agency, will be

specified in the unit permit. The statistical test chosen must be

conducted separately for each hazardous constituent in each well.

Where practical quantification limits (pql ‘s) are used in any of the

following statistical procedures to comply with subsection (i)(5),

the pql must be proposed by the owner or operator and approved by the

Agency. Use of any of the following statistical methods must be

protective of human health and the environment and must comply with

the performance standards outlined in subsection (i).

~j A parametric analysis of variance (AI1OVA) followed by multiple

comparisons procedures to identify statistically significant

evidence of contamination. The method must include estimation

and testing of the contrasts between each complinace well’s mean

and the background mean levels for each constituent.

gJ An analysis of variance (ANOVA) based on ranks followed by

multiple comparisons procedures to identify statistically

significant evidence of contamination. The method must include

estimation and testing of the contrasts between each compliance

well’s median and the background median levels for each

constituent.

A tolerance or prediction interval procedure 

which an

interval for each constituent is established from the

distribution of the background datd, and the level of each

constituent in each compliance well is compared to the upper

tolerance or prediction limit.

A control chart approach that gives control limits for each

constituent.

,~j Another statistical test method submitted by the owner or

operator and approved by the Agency.

i)  Any statistical method chosen under subsection (h) for specification

in the unit permit must comply with the following performance

standards, as appropriate:

jJ,

The statistical method used to evaluate groundwater monitoring

data must be appropriate for the distribution of chemical

parameters or hazardous constituents. If the distribution of

the chemical parameters or hazardous constituents is shown by

99—57 1

ILLINOIS REGiSTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

the owner or operator to be inappropriate for a normal theory

test, then the data should be transformed or a distribution-free

theory test should be used. If the distributions for the

constituents differ, more than one statistical method may be

needed.

2)  if an individual well comparison procedure is used to compare an

individual compliance 

well constituent concentration with

background constituent concentrations or a groundwater

protection standard, the test must be done at a Type I error

level no less than 0.01 for each testing period. If a multiple

comparisons procedure is used, the Type 1 experimentv4ise error

rate for each testing period must be no less than 0.05; however,

the Type I error of no less than 0.01 for individual well

comparisons must be maintained. This performance standard does

not apply to tolerance intervals, prediciton intervals or

control charts.

~j If a control chart approach is used to evaluate groundwater

monitoring data, the specific type of control chart and its

associated parameter value must be proposed by the owner or

operator and approved by the Agency if the Agency finds it to be

protective of human health and the environment.

4) If a tolerance interval or a prediction interval is used to

evaluate groundwater monitoring data, the levels of confidence

and, for tolerance intervals, the percentage of the population

that the interval must contain, must be proposed by the owner or

operator and approved by the Agency if the Agency finds these

parameters to be protective of human health and the

environment. These parameters will be determined after

considering the 

number

of samples in the background data base,

the data distribution, and the range of the concentration values

for each constituent of concern.

~j The statistical method must account for data below the limit of

detection with one or more statistical procedures that are

protective of human health and the environment. Any practical

quantification limit (pql) approved by the Agency under

subsection (h) which is used in the statistical method must be

the lowest concentration level that can be reliably achieved

within specified limits of precision and accuracy during routine

laboratory operating conditions that are available to the

faci 1 i ty.

,~,j If necessary, the statistical method must include procedures to

control or corredt for seasonal and spatial variability as well

as temporal correlation in the data.

99—572

ILLINOIS REGISTER

POLLUTION

CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Groundwater monitoring data collected in accordance with subsection

(g), including actual levels of constituents, must be maintained in

the facility operating record. The Agency shall specify in the

permit when the data must be submitted for review.

(Source: Amended at 13 Ill. Reg.   

effective         

)

Section 724.198  Detection Monitoring Program

An owner or operator required to establish a detection monitoring program

under this Subpart —mwst—shall, at a minimum, discharge the following

responsibilities:

a)  The owner or operator —nwst—shall monitor for indicator parameters

(e.g., specific conductance, total organic carbon or total organic

halogen), waste constituents or reaction products that provide a

reliable indication of the presence of hazardous constituents in

groundwater. The Agency will specify the parameters or constituents

to be monitored in the facility permit, after considering the

following factors:

1)  The types, quantities and concentrations of constituents in

wastes managed at the regulated unit;

2)  The mobility, stability and persistence of waste constituents or

their reaction products in the unsaturated zone beneath the

waste management area;

The detectability of indicator parameters, waste constituents

and reaction products in groundwater; and

4) The concentrations or values and coefficients of variation of

proposed monitoring parameters or constituents in the

groundwater background.

b) The owner or operator —nwst—shall install a groundwater monitoring

system at the compliance point as specified under Section 724.195.

The groundwater monitoring system must comply with Sections

724.197(a)(2), 724.197(b) and 724.197(c).

e4 The ewne~eF epe~ato~nwst estab~4sha baekg~ewndva~-we fe~each

nen4te~4-ng pa~anete~e~censt4twent speci-f4ed 4-n the pePn+t pwFswant

to swbsect4en )av The pe~n4tw414 spee4fy the baekgcewnd ‘~‘a1wes foF

each pa~anete~ec spee4fy the p~ocedw~esto be used to caew1~atethe

baekgFo~Rdva~wes~

I-.)   The ewne~e~epePateF nwst eenp~y w4th Secti.on ~24~I-9~g)4.n

99— 573

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

deveep4-ng the data base wsed to dete~n4ne backgFownd va4-wesT

23 The owner or~ epeFatoP nwst express baekg~ownd va1~wes 4-n a fern

necessaFy fo~the dete~n4nat4on of stat4-st#cal4y s4-gn4-f4eant

4nc~easeswndeF Seet4-on ~24~-I-974h’)T

1-n tak4-ng sanp~esased 4-n the dete~n4nat4-en of backgFownd

~‘a4wes~the ewne~e~opeFato~nwst wse a g~owndwate~men4-to~4ng

system that eenp44es w4-th Sect4-on 4rI-9~4a~~~24T1-9~-(b4and

d4 The

ewne~OF ope~ate~mwst dete~m4negFewndwate~~wa~ty at each

non4to~4ngwe~at the eenp*ance pe*nt at 4east sen+—anRwa~y dw~4ng

the act4ve ~4feof a Fegw~atedwn4t )4-ne1~wd4-ng the e~eswpepeF+od)

and the pest—e~osw~eea~epe~4ed~The ewne~o~opeFato~mwst express

the gFowndwateF ?twal4ty at each nen4te~4-ngweI 4-n a fo~nnecessary

foF the dete~n4nat4enof stat4st4eal4y si-gn4c4eant 4-ncFeases wnde~

Seet4en ~24r1-9~4h-)v—

~j The owner or operator shall conduct a groundwater monitoring program

for each chemical parameter and hazardous constituent specified in

the permit pursuant to subsection (a) in accordance with Section

724.197(g). The owner or operator shall maintain a record of

groundwater analytical data as measured and in a form necessary for

the determination of statistical significance under Section

724.197 (h).

d)  The Agency shall specify the frequencies for collecting samples and

conducting statistical tests to determine whether there is

statistically significant evidence of contamination for any parameter

or hazardous constituent specified i~ithe permit under subsection (a~

in accordance with Section 724.197(g). A sequence of at least four

samples from each well (background and compliance wells) must be

collected at least semi—annually during detection ~iiiitoring.

e) The owner or operator —nwst—shall determine the groundwater flow rate

and direction in the uppermost aquifer at least annually.

f4 The ewne~e+~epe~atoFrnwst ~se p~eeedw~esand methods fe~sanp~4-ng

and anays4-s that meet the ~eqw4cenentsof Seet4en 

~24vI-~~d4 and

~24~49~e3T

g   I-he ewne~o~epeFateF nwst detepn4ne whether theFe 4-s a stat4st4-ca41~y

s4gn4-f4eant 4-ncpease ove~baekg~owndva~wes fo~any pa~anete~OF

censt4tHent spec4f4-ed 4-n the pe~n4-t pwFswant to swbsect4-en ~a) each

t4ne 4-t detepn4-nes gPewndwateF qwa~4ty at the cenpl-4ance pe4nt wnde~

swbseet4-en 

)dr

99— 574

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

1-n

dete~n4n4-ngwhether a stat4st4-eafl-y s4gn4-f4eant i-ncpease has

oecwFped the ewne~OF epe~ate~mwst eonpa~ethe gFewndwateP

qwa~4-ty at each nen4-teF4-ng wefl- at the eomp~-4-ance pe4-nt fe~each

paPaneteF OF eenst4twent to the backg~ewndv&~wefe~that

pa~anetePo~eenst4-t8eRt~ aece~d4-ngto the stat4-st4ea4- pFocedwFe

spee4f4ed 4-n the pe~n4-t 

wndeF

~ect4-en~24r1-~4h’)v

23 ‘I-he ewne~op epe~atoFmwst detepn4ne whether there has been a

stat4st4-eal-1-y s4gn4f4cant 4-nepease at each nen4tep4ng we~r at

the eenp44-anee pe4-nt wi-th4n a ~easenab4et4-ne pe~4-edafter

cemp~et4enof sanp~4-ng~- he Agency w4-I-1- spee4fy that t4-ne

pe~4-ed 4-A the fac4~r4-ty pe~n4t after cens4-de~4-ng the cenpl-ex*ty

of the stat4-st4ca~. test and the ava4ab4-4-ty of 4abeFateFy

fae444t4es to pe~fe~mthe ana~-ys4s of g~ewndwate~sanph-es~

h~) I-f the ewne~o~opeFateF deteFn4nes~ pw~swantto swbseet4-on ~g that

these 4-s a stat4-st4-ea~y s4-gn4f4-cant 4-nepease fe~paPanetePs OF

eonst4-twents spec4-f4ed pHFswant to swbseet4-en -~a4 at any mon4-te~4ng

we~4at the eemp44ance pe4nt the ewne~o~epeFateP nwst~

~4 ~4et4-fythe Agency of th4-s f4nd4-ng 4-n w~4-t4ngw4th4-n seven

daysT The net4f4eat4-en nwst 4nd4-eate what pa~anete~se~

eenstitwents have shown stet4st4cafl-y s4-gn4f4eant 4nepeasest

2-)  1-nned4ate4y samp’e the gFewndwateF 4-n 

a44

mon4-te~4-ngwel-4-s and

dete~n4-newhether censt4twents 4dent4-f4ed 4-n the ~4stof

Append*~I- a~epFesent andy 4-f so; at what concentpat4-ent

~-)

~stabI-*sha baekg~owndval-we fe~each eenst4t~ent that has been

foond at the eemp~4aneepe4nt wnde~swbseet4-on ~h4.~2)~as

f

o~~ow s ~

A  ‘I-he owner o~epePate~nwst eonpy w4-th Sect4en ~24-I-9~-~g4

4-n dev&1-op4-ng the data base wsed to dete~w4nebaekg~ownd

vawest

B) ‘I-he ewneF OF opeFate~nwst express backg~ownd~vaI-wes4-n a

fevm neeessa~yfe~the dete~n4-nat4on of stat4st4-ca~4y

s4gn4f4eant 4-ncpeases wnde~~ect4en 24~1-9~h)~and

G)

I-n tak4ng sanpes wsed 4-n the detepn4nat4-on of backg~ownd

va~wes;the ewne~o+~ opeFatoF most wse a g~owndwate~

non4-te~4ng system that eonp~4esw4-th Sect4en ~24rI-9~4a3~4T

~24T1-9~-(b4and 

~24vI-9~-(e4~

4) W4th4n 90 days~swbn4-t to the Agency an 

appl-4cat4on

fo~a 

peFn4-t

mod4-f4cat4-en to estabi-sh a eemp~-4-ance men4-to~4-ngp~og~am

meet4ng the ~eqw4~enentsof Sect4-on ~24~1-99~-The app44cat4en

99—57 5

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED 

AMENDMENTS

most 4-neode the feJ4ew4-ng 4-nfopnat4-en~-

A.)  An 4-dent4-f4-eat4-en of the coneentcat4-en of each eenst4-toent

foond 4-n the g~owndwate~at each men4-to~4-ngwel--- at the

eornp1-4-anee po4-ntt

B-)  Any p~opesed changes to the g~oondwate~mon4-to~4-ngsystem

at the fae4l-4ty necessary to meet the ~eqo4-~ementsof

5ect4-en ~24TI-99t

G4 Any p~epesedchanges to the mon4-te~4-ng fFeqoency~sanp1-4-ng

and ana1-ys4s p~eeedo~eso~methods o~stat4-st4-ca4

p~eeedo~esosed at the fac4-1-4-ty necessary to meet the

~e~o4-pementsof Seet4-en 

~24rI-99~

~ F-er each ha~a~dooseenst4-toent foond at the eomp1-4-ance

p04-nt; a proposed ceneentpat4on 44m4t onde~Seet4on

~24rI-944a4I-)

SF 24T1-94)a)-~2.) o~a net4ee of i-ntent to

seek an a1-te~nateeeneentFat+on 1-4m4-t fe~a ha~a~dews

eonst4-toent onde~Sect4-en ~24494)b~ and

~) Wi-thi-n 1-80 days; swbmi-t to the Ageney~-

A

A1-1-

data neeessa~yto ~ost4-fyany a1-tepnate eoneentFat4-on

1-4-m4-t fo~a ha~aFdeoseenst4-twent seoght onde~Seeti-on

~

and

B An

eng*nee~*ngfeas4-b4-4-4ty p1-an fo~a eopFeet+ve aet4-on

p~og~anneeessa~yto meet the ~e~o4-~ementsof 8ecti-en

~24T29Q;wn1-ess~

4-      A-1- ha~a~dooseonst4-toents 4-dent*f4-ed onde~sobseet4-en

a~e1-4-sted 4-n 

Tab-e

~ of Seeti-on ~24~1-94and

thei.p

eoneent~at4ensdo not exceed the ~espect4-ve

val-wes g4-ven 4-n that Tab1-e~ e~

4-i-)  I-he owner oi~ opePate~has sooght an al-tepnate

eeneentpati-on 

1-i-mi-t

oAde~Seeti-on ~24T1-94b’)

fop every

ha~a~dooseonsti-toent 4-dent4-f4-ed onde~sobseet4-en

4--)   

1-f

the ewne~OF opePato~dete~m4-nes~poPsoant to sobseet4-on 4g~that

these i-s a stat4-sti-ca-1-y s4-gni-f4-eant 4-ne~ease of paFanetePs o~

eonsti-toents spee4f4-ed poPsoant to sobseeti-en 4a at any noni-toFi-ng

wel-1- at the eonp1-i-ance pei-nt the ewne~o~epeFatoP may denonst~ate

that a soo~eeether than a ~ego1-atedoni-t eawsed the 4-nepease o~that

the 4-nepease pesol-ted fFOn ~PFOF4-n sanp1-4ng~ana1-ys4-s o~

eva1-wat4-en~ Wh4-1-e the ewne~OF epeFatoF may make a demonst~ati-on

99—576

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

onde~th4-s pa~ag~aph4-n addi-t4-on to; o~i-n 1-4-eo of; sobm4tti-ng a

peFm4-t modi-fi-eati-en appl-i-eati-en ~nde~sobseet4-on )h-)~43~the owner OF

OpeFatoF 

4-s

not ~el-4-evedof the ~eqo+Fementto sobmi.t a pe~mi-t

modi-fi-eati-on appl-i-eati-on w4-thi-n the ti-me speci-fi-ed i-n sobseeti-on

4h)44-) on1-ess the demenst~at4-onmade 

onde~th4s

pa~ag~aph

soeeessfol-l-y shows that a seo~ee ether than a ~egol-atedoni-t eaosed

the 4-ne~ease op that the 4-nepease pesol-ted f~em~ 

4-n sanp1-4-ng~

ana1-ysi-s~ e~eval-oati-on~ 1-f the demenst~ati-on i-s onsoeeessfol-; the

Agency sha1-l. noti-fy the owner o~opeFatoF 4-n w~i-t4-ng1wi-th a

statement as to why 

i-t

dete~mi-ned the demonst~ati-en to have been

onsoceessfo1-~ Sock demonst~at4-en deni-al- may be appeal-ed to the Beard

poFsoant to 3~

i-I-IT

Adm~Gode 1-QS~ Sock appeal- w4-l-l- net exeose

eemp1-4-anee w4-th the faei-1-4-ty pe~m4-t; o~del-ay any pe~m4-t modi44-eati-on

pPeeeed+ngT I-n naki-ng a denonst~at4-on onde~thi-s pa~ag~aph~the

owner OF opeFatoF most~

~4et44ythe Agency i-n w~i-t4-ng w4-th4-n seven days of dete~n4-n4-ng a

stati-st4-cal-l-y s4gni-fi-eant 4-nepease at the eompl-4-ance p04-nt that

the ewne~o~epeFateF 4-ntends to make a demenst~ati-en onde~thi-s

pa~ag~aph~

W4-th4n 99 days~sobm4-t a Fepo~t to the Aency wh4eh demenst~ates

that a soo~eeether than a ~egol-atedon4-t caosed the 4-neFease;

o~that the 4-pepease pesol-ted from e~e~i-n sampl-4-ng; anal-ys4s

o~ eva1-oat4-on~

3   k~i-thi-n 99 days~sobm4-t to the Agency an appl-4cati-en fo~a peFm+t

medi-fi-eati-on to make any app~ep~4-atechanges to the deteeti-en

men4-te~i-ng p~eg~anat the fae4-l-4-ty~ and

4  Gent4-noe to moni-te~ i-n aeco~dancew4-th the detecti-on meni-to~4-ng

p~eg~amestab1-4-shed onde~this secti-onT

I-f the ewne~OF opeFato~dete~mi-nes that the deteeti-on moni-to~4-ng

p~eg~amno l-onge~sat4-sfi-es the ~eqo4~enentsof th4-s seet+on~the

owner oF opeFatoF most~w4-thi-n 90 days; sobm4t an app1-4-cati-on fo~a

pe~m4t med4-fi-eat*on to make any appFopFi-ate changes to the pFogPamT

k)

The

ewne~oi~opeFateF most asso~ethat noni-to~4-ng and eoppect4-ve

aeti-on measo~esneeessa~yto aehi-eve eompl-4-anee w4-th the g~eondwate~

pPoteeti-en standard onde~Seet4-on ~24~I-92a~etaken doFi-Ag the teem

of the pePn4-t~—

j~j The owner or operator shall determine whether there is statistically

significant evidence of contamination for any chemical parameter or

hazardous constituent specified in the permit pursuant to subsection

La) at a frequency specified under subsection (d).

99—57 7

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

jj, In determining whether statistically significant evidence of

contamination exists, the owner or operator shall use the

method(s) specified in the permit under Section 724.197(h).

These method(s) must compare data collected at the compliance

point(s) to the background groundwater quality data.

~j The owner or operator shall determine whether there is

statistically significant evidence of contamination at each

monitoring well at the compliance point within a reasonable

period of time after completion of sampling. The Agency shall

specify in the facility permit what period of time is

reasonable, after considering the complexity of the statistical

test and the availability of laboratory facilities to perform

the analysis of groundwater samples.

~j,,,If the owner or operator determines pursuant to subsection (f) that

there is statistically significant evidence of contamination for

chemical parameters or hazardous constituents specified pursuant to

subsection (a) at any monitoring well at the compliance point, the

owner or operator shal 1

1)  Notify the Agency of this finding in writing within seven

days. The notification must indicate what chemical parameters

or hazardous constituents have shown stati stically significant

evidence of contamination.

2)  Immediately sample the groundwater in all monitoring wells and

determine whether constituents in the list of Appendix I are

present, and if so, in what concentration.

3)  For any Appendix I compounds found in the analysis pursuant to

subsection (g)(2), the owner or operator may resample within one

month and repeat the analysis for those compounds detected. If

the results of the second analysis confirm the initial results,

then these constituents will form the basis for compliance

monitoring. If the owner or operator does not resample for the

compounds found pursuant to subsection (g)(2), the hazardous

constituents found during this initial Appendix I  analysis will

form the basis for compliance monitoring.

,~J Within 90 days, submit to the Agency an application for a permit

modification to establish a compliance monitoring program

meeting the requirements of Section 724.199. The application

must include the following information:

,~j An identification of the concentration of any Appendix I

constituent detected in the groundwater at each monitoring

well at the compliance point

9 9—578

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

~fl

Any proposed changes to the groundwater monitoring system

at the facility necessary to meet the requirements of

Section 724.199

çJ,,

Any proposed additions or changes to the monitoring

frequency, sampling and analysis procedures or methods, or

statistical methods used at the facility necessary to meet

the requirements of Section 724.199

,~j For each hazardous constituent detected at the compliance

point, a proposed concentration limit under Section

724.194(a)(1) or (a)(2), or a notice of intent to seek an

alternate concentration limit under Section 724.194(b); and

~j Within 180 days, submit to the Agency:

A) All data necessary to justify an alternate concentration

limit sought under Section 724.194(b); and

~j An engineering feasibility plan for a corrective action

program necessary to meet the requirement of Section

724.200, unless:

All hazardous constituents identified under subsection

(g)(2) are listed in Table 1 of Section 724.194 and

their concentrations do not exceed the respective

values given in that table; or

ii) The owner or operator has sought an alternate

concentration limit under Section 724.194(b) for every

hazardous constituent identified under subsection

(g)(2).

,~j, If the owner or operator determines, pursuant to subsection (f),

that there is a statistically significant difference for

chemical parameters or hazardous constituents specified pursuant

to subsection (a) at any monitoring well at the compliance

point, the owner or operator may demonstrate that a source other

than a regulated unit caused the contamination or that the_

detection is an artifact caused by an error in sampling,

analysis or statistical evaluation, or natural variation in the

groundwater. The owner or operator may make a demonstration

under this paragraph in addition to, or in lieu of, submitting a

permit modification application under subsection (g)(4);

however, the owner or operator is not relieved of the

requirement to submit a permit modification application within

the time specified in subsection (g)(4) unless the demonstration

99—5 79

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

made under this paragraph successfully shows that a source other

than a regulated unit caused the increase, or that the increase

resulted from error in sampling, analysis or evaluation. In

making a demonstration under this paragraph, the owner or

operator shall:

Notify the Agency in writing, within seven days of

determining statistically significant evidence of

contamination at the compliance point, that the owner or

operator intends to make a demonstration under this

paragraph

,~j Within 90 days, submit a report to the Agency which

demonstrates that a source other than a regulated unit

caused the contamination or that the contamination resulted

from error in sampling, analysis or evaluation

.ci Within 90 days, submit to the Agency an application for a

permit modification to make any appropriate changes to the

detection monitoring program facility; and

,~j Continue to monitor in accordance with the detection

monitoring program established under this Section.

j~j If the owner or operator determines that the detection monitoring

program no longer satisfies the requirements of 

this Section, the

owner or operator shall, within 90 days, submit an application for a

permit modification to make any appropriate changes to the program.

(Source: Amended at 13 Ill. Reg.   

effective         

)

Section 724.199  Compliance Monitoring Program

An owner or operator required to establish a compliance monitoring program

under this Subpart —most—shall, at a minimum, discharge the following

responsibilities:

a)  The owner or operator -most—shall monitor the groundwater to

determine whether regulated units are in compliance with the

groundwater protection standard under Section 724.192. The Agency

will specify the groundwater protection standard in the facility

permit,

including:

1) A

list of the hazardous constituents identified under Section

724. 193;

2)  Concentration limits under Section 724.194 for each of those

hazardous constituents;

99—580

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

3)  The compliance point under Section 724.195; and

4) The compliance period under Section 724.196.

b) The owner or operator —most—shall install a groundwater monitoring

system at the compliance point as specified under Section 724.195.

The groundwater monitoring system must comply with Section

724.197(a)(2), 724.197(b) and 724.197(c).

e   Where a coneentpat4-en I-4-m4t establ-4-shed ondeF sobseet4-en ~a~(-2)i-s

based on baekg~oondg~oondwate~qoal-i-ty7 the Agency wi-I-i- spee4fy the

eoneent~ati-en 4-n the pe~m4tas foi-I-ews~

3

I-f

there i-s a h4-gh tempo~aI- ee~~e1-at4-onbetween opg~ad4-ent and

eompl-4-anee pe4-nt eeneentpati-ens of the ha~a~deoseonsti-toents~

the owner OF opeFatoP may estabI-4-sh the eoneentpat4-en I-i-mi-t

th~oogh sampi-4-ng at opg~ad4-entweI-I-s each ti-me g~eondwate~i-s

sampl-ed at the eompli-anee 

po4-nt~.

I-he Agency wi-I-i- spec4-fy the

p~eeedo~esosed fo~dete~m4-n4-ng the eoncent~ati-on l-4-m4-t i-n th4-s

manner 4-n the peFm+tr 1-n a4I- otke~eases; the eoneent~ati-on

I-i-m4-t 

w4-I-I-

be the mean of the pool-ed data en the eencent~at4-on

of the ha~a~deosconsti-toentT

2) 1-f

a ha~a~dooseenst4-toent i-s i-denti-f4-ed on 

TabI-e 1~

Sect4-on ~24~1-94and the di-ffe~ence between the pespeet4-ve

eencentpati-on I-i-m4-t i-n abI-e I- and the backgFoond vaI-oe of the

eonsti-toent onde~Seet4-on ~24r1-9~g44-s not stati-st4-cal-I-y

si-gni-f*eant; the owne~o~ope~atoFmost ose the baekg~oondval-oe

of the eonst4toent as the eeneentFat4-on I-R-mI-tT I-n dete~m4-n4-ng

whether th4-s d4-ffepenee 4-s stati-sti-eal-I-y s4gn4-f4-cant; the owner

o~epePatoF most ose a statist4ea pFoeedoFe p~ov4-di-ng

~easonabI-eeonf4dence that a ~eaI-d4-ffe~eneewi-I-i- be

i-nd4eatedT I-he stati-sti-eal- p~ocedoFemost~

A.)  Re app~op~*atefe~the di-st~i-boti-on of the data osed to

establ-4-sh baekg~eondvai-oest and

B) P~ev4dea ~easonabI-ebai-anee between the p~obab4-I-4-ty of

faI-sel-y 4-dent4-fy4-ng a s4-gni-fi-cant d4-ffe~encean?~the

pFebabi-I-i-ty of fai-I-4-ng to 4denti-fy a s4gni-f4-eant

di-ffePeneeT

~4 The owner o~opePateF mostt

A  GompI-y wi-tb Secti-en ~24r1-9~4g34-n devel-ep4-ng the data base

osed to detepmi-ne baekg~oondvai-oest

99—581

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED 

AMENDMENTS

B.)  Express baekg~eondvaI-oes 4-n a fe~mnecessary fe~the

detepm4nat4-on of stati-sti-eal-I-y s4gn4-fi-cant 4-ne~eases onde~

Secti-en ~24v19~4h3tand

0-)  Yse a g~eondwate~men4-teF4-ng system that eempl4es w4-tk

Seet4en~24r1-9~a3~);~24~-1-9~b4and 24r1-94er—

,~j The Agency shall specify the sampling procedures and statistical

methods appropriate for the constituents and facility, consistent

with Section 724.197(g) and (h).

fl,,

The owner or operator shall conduct a sampling program for each

chemical parameter or hazardous constituent in accordance with

Section 724.297(g).

2)  The owner or operator shall record groundwater analytical data

as measured and in a form necessary for the determination of

statistical significance under Section 724.197(h) for the

compliance period of the facility.

~4 I-he ewne~o~epePato~most detepmi-ne the eoneentpat4-on of ha~a~doos

eonst4toents 4-n g~oondwate~at each moni-to~4-ng 

wel-I- at

the comp4i-anee

p04-nt at I-east qoa~te~I-ydoFi-ng the eempi-i-anee pe~+od~I-he owner e~

opeFateP most express the ceneent~ati-on at each men4-toF4-ng wefl- 4-n a

form neeessa~yfe~the detepm4nat4on of stat4st4-eaI-I-y s4gni-fi-eant

4-nc~eases ondeF Seeti-en ~24v1-9~h)r—

4j The owner or

operator shall determine whether there is statistically

gnificant evidence of increased contamination for any chemical

parameter or hazardous constituent specified in

the permit, pursuant

fo subsection (a), at a frequency specified under subsection (f).

In determining whether statistically significant evidence of

increased contamination exists, the owner or operator shall use

the methods specified

in the permit under Section 724.197(h).

The methods must compare data collected at the compliance points

to a concentration limit developed in accordance with Section

724.194.

,~J

The owner or operator shall determine whether there is

statistically significant evidence of increased contamination at

each monitoring well at the compliance point within a reasonable

time period after completion of the sampling. The Agency shall

specify that time period in the facility permit, after

considering the complexity of the statistical test and the

availability of laboratory facilities to perform the analysis of

groundwater samples.

99—58 2

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

e) The owner or operator —most—shall determine the groundwater flow rate

and direction in the uppermost aquifer at least annually.

f4

The owner

OF opeFate~most anai-y~esampI-es from aIl- mon4to~i-ngwei-l-s

at the eompI-4-anee po4-nt to detepm4-ne whether eenst4-toents i-dent4-fi-ed

i-n the 1-4-st of Appendi-x I- a~epFesent and; i-f SO; at what

eoncentFat4-enr I-he anaI-ysi-s most be eendoeted at i-east annoaI-I-y to

detepm4ne whether addi-t4-onaI- Append4-x 1- eensti-toents a~epFesent i-n

the oppePmest aqo4-fe~~1-f the owner oF opeFatoF f4-nds const4toents

from Append4x 1- i-n the g~eondwate~that a~enet i-denti-fi-ed i-n the

peFmi-t as mon4-teFi-ng eonst4-toents~ the owner e~epeFate~most Fepo~t

the eoncentpati-ons of these addi-ti-enal- censti-toents to the Agency

w4th4n seven days after eemp1-et*en of the ana1-ys4-s~-—

The Agency shall specify the frequencies for collecting samples and

conducting statistical tests to determine statistically significant

evidence of increased contamination in accordance with Section

724.197(g). A sequence of at least four samples from each well

(background and compliance wells) must be collected at least semi-

annually during the compliance period for the facility.

g4 I-he ewne~

OF opePateP most ose p~oeedo~esand methods fo~sampi-4-ng

and anaI-ys4-s that meet the Feqoi-f-ements of Seeti-en ~24r1-9~d4and

24r1-9~e4T—

~j The owner or operator shall analyze samples from all monitoring wells

at the compliance point for all constituents contained in Appendix I

at least annually to determine whether additional hazardous

constituents are present in the uppermost aquifer and, if so, at what

concentration, pursuant to procedures in Section 724.198(f). If the

owner or operator finds Appendix I constituents in the groundwater

that are not already identified as monitoring constituents, the owner

or operator may resample within one month and repeat the Appendix I

analysis. If the second analysis confirms the presence of 

new

constituents, the owner or operator shall report the concentration of

these additional constituents to the Agency within seven days after

the completion of the second analysis, and add them to the monitoring

list. If the owner or operator chooses not to resample, then the

owner or operator shall report the concentrations of these additional

constituents to the Agency within seven days after completion of the

initial analysis, and add them to the monitoring list.

h.)  1-he owner e~epePatoF most detepmi-ne whether there 

4-s

a stat4sti-caI-i-y

s4-gni-f4-eant 4-ne~easeeves the eencent~at4-en 

i-4-mits fe~any

ha~a~doos

eenst4toents speei-fi-ed 4-n the pe~mi-t po~soantto sobsecti-on )a4 each

ti-me the ewne~OF opeFateF dete~mi-nesthe eencent~at4onof ha~a~deos

eonst4-toents 4-n g~eondwate~at the eompi-4-ance pe4-nt~

99— 583

ILLINOIS REGISTER

POLLUTiON CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

?~~3 I-n

dete~m4-n4ngwhether a stat4sti-eaI-I-y s4gn4fi-eant i-nepease has

eeeoFFed1

the owner o~ opeFato~most eempa~ethe g~oondwatep

qoal-i-ty at each moni-to~4-ng weI-I- at the eompI-4ance po4-nt fo~each

ba~a~doosconsti-toent to the eoneentpat4-en I-4m4t foc that

eonst4toent aeeeFthng to the stati-sti-caI- p~eeedo~esspeci-fi-ed i-n

the pePmi-t onde~Secti-on 24~1-9~h.)~

2) The ewne~OF opePato~most dete~m4-newhether there has been a

stat4-sti-caI-I-y si-gni-fi-eant 4nepease at each men4-te~i-ng wei-I- at

the eompI-4-anee p04-nt1 wi-thi-n a ~easonabi-eti-me pepi-ed after

eempI-eti-en of sampI-4ngT I-he Agency wi-I-I- speci-fy that ti-me

pe~4-od i-n the faci-I-4ty pe~m4t1aftec eens4-~e~i-ngthe eemp~-ex4ty

of the stat4st4eaI- test and the ava4-I-abi-1-4ty of abe~ate~y

fae4-i-i-t4-es to pe~fo~mthe anal-ysis of g~eondwate~sampI-esT

4  h) If the owner or operator determines, pursuant to subsection (—b—d)

that -the g~eondwate~p~eteet4enstandard 4-s—any concentration limits

under Section 724.194 are being exceeded at any monitoring well at

the point of compliance, the owner or operator —most—shall:

1)  Notify the Agency of this finding in writing within seven

days. The notification must indicate what concentration limits

have been exceeded.

2)  Submit to the Agency an application for a permit modification to

establish a corrective action program meeting the requirements

of Section 724.200 within 180 days, or within 90 days if an

engineering feasibility study has been previously submitted to

the Agency under Section 724.198(h)(5). The application must at

a minimum include the following information:

A) A detailed description of corrective actions that will

achieve compliance with the groundwater protection standard

specified in the permit under subsection (a); and

B) A plan for a groundwater monitoring program that will

demonstrate the effectiveness of the corrective action.

Such a groundwater monitoring program may be based on a

compliance monitoring program developed to 

meet the

requirements of this section.

1)

If the owner or operator determines, pursuant to subsection (—h-d),

that the groundwater —p~oteet4en standard i-s—concentration 

limits

under this Section are being exceeded at any monitoring 

well at the

point of compliance, the owner or operator may demonstrate that a

source other than a regulated unit caused the —4nepease o~that the

4-nepease ~esoted from ~  

4-n sampI-4ng1 anaI-ys4-s ot~ evaoati-on~

Wh4-I-e the ewne~er~ope~atoFmay make a demenstpati-on onde~thi-s

99— 584

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

paFagFaph 4-n add4-ti-en to1 OF 4-n I-i-eo of; sobm4-tti-ng a pe~m4t

modi-f4-eat4-en app4-cat4on onde~sobseeti-on 44-4-(-24~ the ewne~

ei~

ope~atoF4-s net ~eI-i-evedof the ~eqo4-~ementto sobmi-t a pe~m4-t

modi-fi-cat4on appI-i-cat4-on w4-th4-n the ti-me spee4fi-ed 4-n sobsect4-on

.~4--)2) oness the demonstpat4-en made onde~thi-s pa~ag~aph

soeeessfoI-I-y shows that a sooi~ee otheF than a ~egoi-atedon4t caosed

theanaI-ys4-s4-nepeaseo~evai-oat4-enr—contaminationo~that the i-ncpease ~eso4tedor

thatf~emtheeppeFdetection4-n

sampI-4-ngis

an

1

artifact caused by an error in sampling, analysis or statistical

evaluation, or natural variation in groundwater. In making a

demonstration under this paragraph, the owner or operator —most—

shall:

1)  Notify the Agency in writing within seven days that it intends

to make a demonstration under this paragraph;

2)  Within 90 days, submit a report to the Agency which demonstrates

that a source other than a regulated unit caused the standard to

be exceeded or that the apparent noncompliance with the

standards resulted from error in sampling, analysis or

eval uati on;

3)  Within 90 days, submit to the Agency an application for a permit

modification to make any appropriate changes to the compliance

monitoring program at the facility; and

4) Continue to monitor in accord with the compliance monitoring

program established under this section.

k

j)

If the owner or operator determines that the compliance monitoring

program no longer satisfies the requirements of this section, the

owner or operator —most—shall, within 90 days, submit an application

for a permit modification to make any appropriate changes to the

program.

—

1-4  I-he owner o~opPateF most asso~ethat moni-teFi-ng and eo~~eet4ve

aet4on measo~esnecessapy to aeh4eve compI-4ance wi-tb the gFeondwateP

p~oteeti-on standard onde~Seet4-on ~24-I-92a~etaken do~i-ng the teem

of the peFmi-tr—

(Source: Amended at 13 Ill. Reg.   

effective         

)

SUBPART G: CLOSURE AND POST—CLOSURE

Section 724.211

Closure Performance Standard

The owner or operator shall close the facility in a manner that:

99—585

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

a) Minimizes the need for further maintenance; and

b) Controls, minimizes or eliminates, to the extent necessary to protect

human health and the environment, post-closure escape of hazardous

waste, hazardous constituents, leachate, contaminated run-off or

hazardous waste decomposition products to the ground or surface

waters or to the atmosphere; and

c) Complies with the closure requirements of this Part including, but

not limited to, the requirements of Sections 724.278, 724.297,

724.328, 724.358, 724.380, 724.410, —and —724.451 and 264.701 through

264. 703.

(Source: Amended at 13 Ill. Reg.   

, effective

Section 724.212  Closure Plan; Amendment of Plan

a)  Written Plan.

1)  The owner or operator of a hazardous waste management facility

shall have a written closure plan. In addition, certain surface

impoundments and waste piles from which the owner or operator

intends to remove or decontaminate the hazardous waste at

partial or final closure are required by Sections

724.328(c)(1)(A) and 724.358(c)(1)(A) to have contingent closure

plans. The plan must be submitted with the permit application,

in accordance with 35 Ill. Adm. Code 703.183, and approved by

the Agency as part of the permit issuance proceeding under 35

Ill. Adm. Code 705. In accordance with 35 Ill. Adm. Code

703.241, the approved closure plan will become a condition of

any RCRA permit.

2)  The Agency’s approval of the plan must ensure that the approved

closure plan is consistent with Sections 724. 211 through 724. 215

and the applicable requirements of Sections 724.190 et seq.,

724.278, 724.297, 724.328, 724.358, 724.380, 724.410, —and

—724.451 and 264.701. Until final closure is completed and

certified in accordance with Section 724.215, a copy of the

approved plan and all approved revisions —to the pi-an -must be

furnished to the Agency upon request, including request by mail.

b)  Content of plan. The plan must identify steps necessary to perform

partial —and,’—or final closure of the facility at any point during

its active life. The closure plan must include, at least:

1)  A description of how each hazardous waste management unit at the

facility will be closed in accordance with Section 724.211;

99—586

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

2) A

description of how final closure of the facility will be

conducted in accordance with Section 724.211. The description

must identify the maximum extent of the operations which will be

unclosed during the active life of the facility; and

An estimate of the maximum inventory of hazardous wastes ever

on-site over the active life of the facility and a detailed

description of the methods to be used during partial closures

and final closure, including, but not limited to, methods for

removing, transporting, treating, storing or disposing of all

hazardous wastes, and identification of the type(s) of off—site

hazardous waste management units to be used, if applicable; and

4) A detailed description of the steps needed to remove or

decontaminate all hazardous waste residues and contaminated

containment system components, equipment, structures and soils

during partial and final closure, including, but not limited to,

procedures for cleaning equipment and removing contaminated

soils, methods for sampling and testing surrounding soils and

criteria for determining the extent of decontamination required

to satisfy the closure performance standard; and

5) A detailed description of other activities necessary during the

closure period to ensure that all partial closures and final

closure satisfy the closure performance standards, including,

but not limited to, groundwater monitoring, leachate collection,

and run—on and run—off control ;  and

6) A schedule for closure of each hazardous waste management unit

and for final closure of the facility. The schedule must

include, at a minimum, the total time required to close each

hazardous waste management unit and the time required for

intervening closure activities which will allow tracking of the

progress of partial and final closure. (For example, in the

case of a landfill unit, estimates of the time required to treat

and dispose of all hazardous waste inventory and of the time

required to place a final cover must be included.)

For facilities that use trust funds to establish financial

assurance under Section 724.243 or 724.245 and that are expected

to close prior to the expiration of the permit, an estimate of

the expected year of final closure.

Amendment of the plan. The owner or operator shall submit a written

notification of or request for a permit modification to authorize a

change in operating plans, facility design or the approved closure

plan in accordance with the applicable procedures in 35 Ill. Adm.

Code 702, 703 and 705. The written notification or request must

99—587

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

include a copy of the amended closure plan for review or approval by

the Agency.

1)  The owner or operator may submit a written notification or

request to the Agency for a permit modification to amend the

closure plan at any time prior to notification of partial or

final closure of the facility.

2)  The owner or operator shall submit a written notification of or

request for a permit modification to authorize a change in the

approved closure plan whenever:

A)  Changes in operating plans or facility design affect the

closure plan, or

B) There is a change 

the expected year of closure, if

appl icable.

C)  In conducting partial or final closure activities,

unexpected events require modification of the approved

closure plan.

3)  The owner or operator shall submit a written request for a

permit modification including a copy of the amended closure plan

for approval at least 60 days prior to the proposed change in

the facility design or operation, or no later than 60 days after

an unexpected event has occurred which has affected the closure

plan. If an unexpected event occurs during the partial or final

closure period, the owner or operator shall request a permit

modification no later than 30 days after the unexpected event.

An owner or operator of a surface impoundment or waste pile that

intends to remove all hazardous waste at closure and is not

otherwise required to prepare a contingent closure plan under

Sections 724.328(c)(1)(A) or 724.358(c)(1)(A), shall submit an

amended closure plan to the Agency no later than 60 days after

the date the owner or operator or Agency determines that the

hazardous waste management unit must be closed as a landfill,

subject to the requirements of Section 724.410, or no later than

30 days after that date if the determination is made during

partial or final closure. The Agency shall approve, disapprove

or modify this amended plan in accordance 

with

the procedures in

35 Ill. Adm. Code 702, 703 and 705. in accordance with 35 Ill.

Adm. Code 702.160 and 703.241, the approved closure plan will

become a condition of any RCRA permit issued.

4) The Agency may request modifications to the plan under the

conditions described in Section 724.212(c)(2). The owner or

operator shall submit the modified plan within 60 days after the

99—588

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Agency’s request, or 

within

30 days if the change in facility

conditions occurs during partial or final closure. Any

modifications requested by the Agency shall be approved in

accordance with the procedures in 35 Ill. Adm. Code 702, 703 and

705.

d)  Notification of partial closure and final closure.

1)  The owner or operator shall notify the Agency in writing at

least 60 days prior to the date on which the owner or operator

expects to begin closure of a surface impoundment, waste pile,

land treatment or landfill unit, or final closure of a facility

with such a unit. The owner or operator shall notify the Agency

in writing at least 45 days prior to the date on which the owner

or operator expects to begin final closure of a facility with

only treatment or storage tanks, container storage, or

incinerator units to be closed.

2) The date when the owner or operator “expects to begin closure”

must be either no later than 30 days after the date on which any

hazardous waste management unit receives the known final volume

of hazardous wastes or, if there is a reasonable possibility

that the hazardous waste management unit will receive additional

hazardous wastes, no later than one year after the date on which

the unit received the most recent volume of hazardous waste. If

the owner or operator of a hazardous waste management unit

demonstrates to the Agency that the hazardous waste management

unit or facility has the capacity to receive additional

hazardous wastes and that the owner and operator have taken, and

will continue to take, all steps to prevent threats to human

health and the environment, including compliance with all

applicable permit requirements, the Agency shall approve an

extension to this one-year limit.

3)  If the facility’s permit is terminated, or if the facility is

otherwise ordered, by judicial decree or Board order to cease

receiving hazardous wastes or to close, then the requirements of

this subsection do not apply. However, the owner or operator

shall close the facility in accordance with the deadlines

established in Section 724.213.

e) Removal of wastes and decontamination or dismantling of equipment.

Nothing in this Section shall preclude the owner or operator from

removing hazardous wastes and decontaminating or dismantling

equipment in accordance with the approved 

partial or final closure

plan at any time before or after notification of partial or final

closure.

99—589

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

(Source: Amended at 13 Ill. Reg.   

effective         

)

Section 724.214  Disposal or Decontamination of Equipment,

Structures and Soils

During the partial and final closure periods, all contaminated equipment,

structures and soils must be properly disposed of or decontaminated unless

otherwise specified

in Sections 

724.297, 724.328, 724.358,

724.380-r— or

724.410, or under the authority of Sections 264.701 and 264.703.. By removing

any hazardous wastes or hazardous constituents during partial and final

closure, the owner or operator may become a generator of hazardous waste and

shall handle that waste in accordance with all applicable requirements of 35

Ill. Adm. Code 722.

(Source: Amended at 13 Ill. Reg.   

effective

Section 

724.217

Post—closure Care and Use of Property

Post—closure care period.

1)  Post-closure care for each hazardous waste management unit

subject to the requirements of Sections 724.217 through 724.220

must begin after completion of closure of the unit and continue

for 30 years after that date and must consist of at least the

following:

A)  Monitoring and reporting in accordance with the

requirements of Subparts F, K, L, M, —and —N and X and

B) Maintenance and monitoring of waste containment systems in

accordance with the requirements of Subparts F, K, L, N,

—and —N and X.

2) Any time preceding partial closure of a hazardous waste

management unit subject to post-closure care requirements or

final closure, or any time during the post—closure care period

for a particular unit,

A) Shorten the post-closure care period applicable to the

hazardous waste management unit, or facility, if all

disposal units have been closed, if the Board finds that

the reduced period is sufficient to protect human health

and the environment (e.g., leachate or groundwater

monitoring results,

characteristics of the waste,

application of advanced technology or alternative disposal,

treatment or re—use techniques indicate that the hazardous

waste management unit or facility is secure); or

99—590

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Extend the post—closure care period applicable to the

hazardous waste management uni or facility if the Board

finds that the extended period is necessary to protect

human health and the environment (e.g., leachate or

groundwater monitoring results indicate a potential for

migration of hazardous wastes at levels which may be

harmful to human health and the environment).

C) Reduction or extension of the post-closure care period will

be by rulemaking pursuant to 35 Ill. Mm. Code 102.

b) The Agency shall require, at partial or final closure, continuation

of any of the security requirements of Section 724.114 during part or

all of the post-closure period when:

1)  Hazardous wastes may remain exposed after completion of partial

or final closure; or

2) Access by the public or domestic livestock may pose a hazard to

human health.

c)  Post—closure use of property on or in which hazardous wastes remain

after partial or final closure must never be allowed to disturb the

integrity of the final cover, liner(s) or any other components of the

containment system, or the function of the facility’s monitoring

systems, unless the Agency finds, by way of a permit modification,

that the disturbance:

1)  Is necessary to the proposed use of the property, and will not

increase the potential hazard to human health or the

environment; or

Is necessary to reduce a threat to 

human health

or the

environment.

d) All the post-closure care activities must be in accordance with 

the

provisions of the approved post— closure plan as specified in Section

724. 218.

(Source: Amended at 13 Ill. Reg.   

effective

Se:tion 724.218

Post-closure 

Plan; Amendment of

Plan

a) Written Plan. The owner or operator of a hazardous waste disposal

unit shall have a written post-closure plan. In addition, certain

surface impoundments and waste piles from which the owner or operator

intends to remove or decontaminate the hazardous wastes at partial or

final closure are required by Sections 724.328 (c)(1)(B) and 724.358

99—591

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE 

OF PROPOSED AMENDMENTS

(c)(1)(B) to have contingent) post-closure plans. Owners or

operators of surface impoundments and waste piles not otherwise

required to prepare contingent post-closure plans under Sections

724.328(c)(1)(B) or 724.358(c)(1)(B) shall submit a post—closure 

plan

to the Agency within 90 days from the date that the owner or operator

or Agency determines that the hazardous waste management unit must be

closed as a landfill, subject to the requirements of Sections 724.217

through 

724.220.

The plan must be submitted with the permit

application, in accordance with 35 Ill. Adm. Code 703.183, and

approved by the Agency as part of the permit issuance proceeding

under 35 Ill. Adm. Code 705. In accordance 

with 35 Ill. Adm.

Code

703.241, the approved post-closure plan will become a condition of

any RCRA permit

issued.

b)  For each hazardous waste management unit subject to the requirements

of this Section, the post—closure plan must identify the activities

that will be carried on after closure and the frequency of these

activities, and include at least:

1)  A description of the planned monitoring activities and

frequencies which they will be performed to comply with Subparts

F, K, L, N,

—and -N and X during the post-closure care period;

2) A description of the planned maintenance activities, and

frequencies at which they will be performed, to ensure:

A)  The integrity of the cap and final cover or other

containment systems in accordance with the requirements of

Subparts F, K, L, M, —and —N and X and

B)  The function of the facility monitoring equipment in

accordance with the requirements of Subparts F, K, L, N,

—and —N and X and

The name, address and phone number of the person or office to

contact about the hazardous disposal unit during the post-

closure period.

c)  Until final closure of the facility, a copy of the approved post—

closure plan must be furnished to the Agency upon request, including

request by mail. After final closure has been certified, the person

or office specified in subsection (b)(3) shall keep the approved

post-closure plan during the remainder of the post-closure period.

d)  Amendment of plan. The owner or operator shall submit a written

notification of or request for a permit modification to authorize a

change in the approved post—closure plan in accordance with the

applicable requirements of 35 Ill. Adm. Code 703 and 705. The

99—592

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

written notification or request must include a copy of the amended

post—closure plan for review or approval by the Agency.

1)  The owner or operator may submit a written notification or

request to the Agency for a permit modification to amend the

post-closure plan at any time during the active life of the

facility or during the post—closure care period.

2)  The owner or operator shall submit a written notification of or

request for a permit modification to authorize a change in the

approved post-closure plan whenever

A)  Changes in operating plans or facility design affect the

post—closure plan; or

B) There is a change in the expected year of closure if

applicable; or

C)  Events occur during the active life of the facility,

including partial and final closures, which affect the

approved post-closure plan.

3) The owner or operator shall submit a written request for a

permit modification at least 60 days prior to the proposed

change in facility design or operation, or no later than 60 days

after an unexpected event has occurred which has affected the

post-closure plan. An owner or operator of a surface

impoundment or waste

pile that intends to remove all hazardous

waste at closure and is not otherwise required to submit a

contingent post—closure plan under Sections 724.328(c)(1)(B) or

724.358(c)(1)(B) shall submit a post—closure plan to the Agency

no later than 90 days after the date that the owner or operator

or Agency determines that the hazardous waste management unit

must be closed as a landfill, subject to the requirements of

Section 724.410. The Agency shall approve, disapprove or modify

this plan in accordance with the procedure in 35 Ill. Adm. Code

703 and 705. In accordance with 35 Ill. Adm. Code 703.241, the

approved post—closure plan will become a permit condition.

4) The Agency may request modifications to the plan under the

conditions described in subsection (d)(2). The owner or

operator shall submit the 

modified plan no later than 60 days

after the request, or no later than 90 days if the unit is a

surface impoundment or waste pile not previously required to

prepare a contingent post-closure plan. Any modifications

requested by the Agency shall be approved, disapproved or

modified in accordance with the procedure in 

35 Ill. Adm. Code

703 and 705.

99—593

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

(Source: Amended at 13 Ill. Reg.   

effective

SUBPART H: FINANCIAL REQUIREMENTS

Section 724.241  Definitions of Terms As Used In This Subpart

a)  “Closure plan” means the plan for closure prepared in accordance with

the requirements of Section 724.212.

b)  “Current closure cost estimate” means that the most recent of the

estimates prepared in accordance with Sections 724.242(a), (b) and

(c).

c)  “Current post-closure cost estimate” means the most recent of the

estimates prepared in accordance with Sections 724.244(a), (b) and

(c).

“Parent corporation” means a corporation which directly owns at least

50 percent of the voting stock of the corporation which is the

facility owner or operator; the latter corporation is deemed a

“subsidiary” of the parent corporation.

“Post—closure plan” means the plan for post-closure care prepared in

accordance with the requirements of Sections 724.217 through 724.220.

f)  The following terms are used in 

the

specifications for the financial

test for closure, post-closure care and liability coverage. The

definitions are intended to assist in the understanding of these

regulations and are not intended to limit the meanings of terms in a

way that conflicts with generally accepted accounting practices.

“Assets” means all existing and all probable future economic

benefits obtained or controlled by a particular entity.

“Current assets” means cash or other assets or resources

commonly identified as those which are reasonably expected to be

realized in cash or sold or consumed during the normal operating

cycle of the business.

“Current liabilities” means obligations whose liquidation is

reasonably expected to require the use of existing resources

properly classifiable as current assets or the creation of other

current liabilities.

“Current plugging and abandonment cost estimate” means the most

recent of the estimates prepared in accordance with 35 Ill. Adm.

Code 704.212(a), (b) and (c).

99—594

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

“Independently audited” refers to an audit performed by an

independent certified public accountant in accordance with

generally accepted auditing standards.

“Liabilities” means probable future sacrifices of economic

benefits arising from present obligations to transfer assets or

provide services to other entities in the future as a result of

past transactions or events.

“Net working capital” means current assets minus current

liabilities.

“Net

worth” means total assets minus total liabilities and is

equivalent to owner’s equity.

“Tangible net worth” means the tangible assets that remain after

deducting liabilities; such assets would not include intangibles

such as goodwill and rights to patents or royalties.

g)  In the liability insurance requirements the terms “bodily injury” and

“property damage” —sba~4 —have the meanings given —these teems ~y

appI-i-ca~eState 

1-awr

Newe’,’ep~ these teems do net 4-nc4ode these

1-4-abi-I-i-t4es wh4ch1 eons4stent wi-th standard 4ndost~yp~act4-ees1 a~e

e~cI-odedfrom ee~’eFage 4-n I-4-a~i-44-ty poI-4e4-es fo~~od4-I-y4-n~o~yand

pFopeFty damage—given below. The Board intends the meanings of other

terms used in the liability insurance requirements to be consistent

with their common meanings within the insurance industry. The

definitions given below of several of the terms are intended to

assist in the understanding of these regulations and are not intended

to limit their meanings in a way that conflicts with general

insurance industry usage.

“Accidental occurrence” means an accident, including continuous

or repeated exposure to conditions, which results in bodily

injury or property damage neither expected nor intended from the

standpoint of the insured.

“Bodily injury” means bodily injury, sickness or disease

sustained by a person, including death resulting from any of

these at any time. However, this term does not include those

liabilities which, consistent with

standard insurance industry

practices, are excl uded from coverage in liability insurance

policies for bodily injury.

BOARD NOTE: Derived from 40 CFR 264.141 (1988), as amended at

53 Fed. Reg. 33950, September 1, 1988, modified to insert the

Insurance Services Office definition.

99— 595

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED N•IENDMENTS

“Environmental damage” means the injurious presence in or upon

land, the atmosphere or any watercourse or body of water of

solid, liquid, gaseous or thermal contaminants, irritants or

pollutants.

BOARD NOTE: This term is used in the definition of “pollution

incident”.

“Legal defense costs” means any expenses that an insurer incurs

in defending against claims of third parties brought under the

terms and conditions of an insurance policy.

“Nonsudden accidental occurrence” means an occurrence which

takes place over time and involves continuous or repeated

exposure.

“Pollution incident” means emission, discharge, release or

escape of pollutants into or upon land, the atmosphere or any

watercourse or

body of water, provided that such emission,

discharge, release or escape results in “environmental

damage”. The entirety of any such emission, discharge, release

or escape shall be deemed to be one “pollution incident”.

“Pollutants” means any solid, liquid, gaseous or thermal

irritant or contaminant, including smoke, vapor, soot, fumes,

acids, alkalis, chemicals and waste. “Waste” includes materials

to be recycled, reconditioned or reclaimed. The term “pollution

incident” includes an “occurrence”.

BOARD 

NOTE:

This definition is used in the definition of

“property damage.

“Property damage” means

Physical injury to, destruction of or contamination of

tangible property, including all resulting loss of use of

that property; or

Loss of use of tangible property that is not physically

injured, destroyed or contaminated, but has been evacuated,

withdrawn from use or rendered inaccessible because of a

“pollution incident”.

This term does not include those liabilities which, consistent

with standard insurance industry practices, are excluded from

coverage in liability insurance policies for property damage.

BOARD NOTE: Derived from 40 CFR 264.141 (1988), as amended at

99—596

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

53 Fed. Reg. 33950, September 1, 1988, modified to insert the

Insurance Services Office definition.

“Sudden accidental occurrence” means an occurrence which is not

continuous or repeated in nature.

“Substantial business relationship” means that one business entity

has an ownership interest in another.

(Source: Amended at 13 Ill. Reg.   

effective

Section 724.242  Cost Estimate for Closure

a)  The owner or operator shall have a detailed written estimate, in

current dollars, of the cost of closing the facility in accordance

with the requirements in Sections 724.211 through 724.215 and

applicable closure requirements in Sections 724.278, 724.297,

724.328, 724.358,

724.380, 724.410, —and —724.451 and 724.701 through

724. 703.

1)  The estimate must equal the cost of final closure at the point

in the facility’s active life when the extent and manner of its

operation would make closure the most expensive, as indicated by

its closure plan (see Section 724.212(b)); and

2)  The closure cost estimate must be based on the costs to the

owner or operator of hiring a third party to close the

facility. A third party is a party who is neither a parent nor

a subsidiary of the owner or operator. (See definition of

parent corporation in Section 724.241(d)). The owner or

operator may use costs for on-site disposal if the owner or

operator can demonstrate that on—site disposal capacity will

exist at all times over the life of the facility.

The closure cost estimate must not incorporate any salvage value

that may be realized with the sale of hazardous wastes, facility

structures or equipment, land or other assets associated with

the facility at the time of partial or final closure.

4)  The owner or operator shall not incorporate a zero cost for

hazardous wastes that might have economic value.

b)  During the active life of the facility, the owner or operator shall

adjust the closure cost estimate for inflation within 60 days prior

to the anniversary date of the establishment of the financial

instrument(s) used to comply with Section 724.243. For owners and

operators using the financial test or corporate guarantee, the

closure cost estimate must be updated for inflation within 30 days

99—59 7

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

after the close of the firm’s fiscal year and before submission of

updated information to the Agency as specified in Section

724.243(f)(3). The adjustment may be made by recalculating the

maximum costs of closure in current dollars, or by using an inflation

factor derived from the annual Implicit Price Deflator for Gross

National Product as published by the U.S. Department of Comerce in

its Survey of Current Business as specified in subsections (b)(1) and

(b)(2). The inflation factor is the result of dividing the latest

published annual Deflator by the Deflator for the previous year.

1)

The first adjustment is made by multiplying the closure cost

estimate by the inflation factor. The result is the adjusted

closure cost estimate.

2) Subsequent adjustments are made by multiplying the latest

adjusted closure cost estimate by the latest inflation factor.

c) During the active life of the facility the owner or operator shall

revise the closure cost estimate no later than 30 days after the

Agency has approved the request to modify the closure plan, if the

change in the closure plan increases the cost of closure. The

revised closure cost estimate must be adjusted 

for inflation as

specified in Section 724.242(b).

d) The owner or operator shall keep the following at the facility during

the operating life of the facility: The latest closure cost estimate

prepared in accordance with Sections 724.242(a) and (c) and, when

this estimate has been adjusted in accordance with Section

724.242(b), the latest adjusted closure cost estimate.

(Source: Amended at 13 Ill. Reg.   

effective

Section 724.244  Cost Estimate for Post-closure Care

a) The owner or operator of a disposal surface impoundment, disposal

miscellaneous unit, land treatment unit, —o~ —landfill unit, or of a

surface imnpoundment or waste pile required under Sections 724.328 or

724.358 to prepare a contingent closure and post—closure plan shall

have a detailed written estimate, in current dollars, of the annual

cost of post-closure monitoring and maintenance of the facility in

accordance with the applicable post-closure regulations in Sections

724.217 through 724.220, 724.328, 724.358, 724.380, —and —724.410 and

724. 603.

1)  The post-closure cost estimate must be based on the costs to the

owner or operator of hiring a third party to conduct post-

closure care activities. A third party is a party who is

neither a parent nor a subsidiary of the owner or operator.

9 9—598

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

(See definition of parent corporation in Section 724.241(d)).

2) The post—closure cost estimate is calculated by multiplying the

annual post—closure cost estimate by the number of years of

post—closure care required under Section 724.217.

During the active life of the facility, 

the

owner or operator shall

adjust the post-closure cost estimate for inflation within 60 days

prior to the anniversary date of the establishment of the financial

instrument(s) used to comply with Section 724.245. For owners or

operators using the financial test or corporate guarantee, the post—

closure cost estimate must be updated for inflation within 30 days

after the close of the firm’s fiscal year and before the submission

of updated information to the Agency as specified in Section

724.245(f)(5). The adjustment may be made by recalculating the post—

closure cost estimate in current dollars or by using an inflation

factor derived from the annual Implicit Price Deflator for Gross

National Product as published by the U.S. Department of Comerce in

its Survey of Current Business as specified in subsections (b)(1) and

(b)(2). The inflation factor is the result of dividing the latest

published annual Deflator by the Deflator for the previous year.

The first adjustment is made by multiplying the post-closure

cost estimate by the inflation factor. The result is the

adjusted post-closure cost estimate.

2) Subsequent adjustments are made by multiplying the latest

adjusted post-closure cost estimate by the latest inflation

factor.

During the active life of the facility the owner or operator shall

revise the post-closure cost estimate within 30 days after the Agency

has approved a request to modify the post—closure plan, if the change

in the post-closure plan increases the cost of post—closure care.

The revised post-closure cost estimate must be adjusted for inflation

as specified in Section 724.244(b).

d)  The owner or operator shall keep the following at the facility during

the operating life of the facility: The latest post-closure cost

estimate prepared in accordance with Section 724.244(a) and (c) and,

when this estimate has been adjusted in accordance with Section

724.244(b), the latest adjusted post—closure cost estimate.

(Source: Amended at 13 111. Reg.   

, effective

Section 724.247  Liability Requirements

Coverage for sudden accidental occurrences. An owner or operator of

99—59 9

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

a hazardous waste treatment, storage or disposal facility, or a group

of such facilities, shall demonstrate financial responsibility for

bodily injury and property damage to third parties caused by sudden

accidental occurrences arising from operations of the facility or

group of facilities.

The owner or operator shall have and maintain

liability coverage for sudden accidental occurrences in the amount of

at least $1 million per occurrence with an annual aggregate of at

least $2 million, exclusive of legal defense costs. This liability

coverage may be demonstrated —4-n one e~three ways~—as specified in

subsections (a)(1), (a)(2), —and —(a)(3) (a)(4), (a)(5) or (a)(6):

1)

An owner or operator may demonstrate the required liability

coverage by having liability insurance as specified in this

paragraph.

A)

Each insurance policy must be amended by attachment of the

Hazardous Waste Facility Liability Endorsement or evidenced

by a Certificate of Liability Insurance. The wording of

the endorsement must be as specified in Section 724.251.

The wording of the certificate of insurance must be as

specified in Section 724.251. The owner or operator shall

submit a signed duplicate original of the endorsement or

the certificate of insurance to the Agency. If requested

by the Agency, the owner or operator shall provide a signed

duplicate original of the insurance policy. An owner or

operator of a new facility shall submit the signed

duplicate original of the Hazardous Waste Facility

Liability Endorsement or the Certificate of Liability

Insurance to the Agency at least 60 days before the date on

which hazardous waste is first received for treatment,

storage or disposal. The insurance must be effective

before this initial receipt of hazardous waste.

B)

Each insurance policy must be issued by an insurer which—T

at a m4-n4-mom; 4-s ~4-eensedto tFansaet the bos4-ness e~

4-nso~anee1-o~e1-4-g4-bl-e to p~ev4-de*nsoFan6e as an e~eess

oP

so~p1-os4-4-nes 4-nso~e~4-n

one o~more states- is licensed

by the Illinois Department of Insurance.

An owner or operator may meet the requirements of this Section

by

passing a financial test or using the —eePpo~ate—guarantee

for liability coverage as specified in subsection-s

and—

(g).

3)  An owner or operator may meet the requirements of this Section

by obtaining a letter of credit for liability coverage as

specified in subsection (h).

99—600

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

4)  An owner or operator may meet the requirements of this Section

by obtaining a surety bond for liability coverage as specified

in subsection Ci).

An owner or operator may meet the requirements of this Section

by obtainin9 a trust fund for liability coverage as specified in

subsection (j).

6)  An owner or operator may demonstrate the required liability

coverage through the use of -the—combinations of insurance,

financial test, -4ns~FaneeTthe eo~poPate—guarantee, —a

eom~4-nat4en ef the 

c4-nane4-a4-

test and 4-ns~wanee e~a eo~th4-nat4-en

ec t~eeo~pePate g~a~anteeand 4-nsHPanee-letter of credit,

surety bond and trust fund, except that the owner or operator

may not combine a financial test covering part of the liability

coverage requirement with a guarantee unless the financial

statement of the owner or operator is not consolidated with the

financial statement of the guarantor. The amounts of coverage

demonstrated must total at least the minimum amounts required by

this —subs—Section. If the owner or operator demonstrates the

required coverage through the use of a combination of financial

assurances under this subsection, the owner or operator shall

specify at least one such assurance as “primary” coverage, and

shall specify other such assurance as “excess” coverage.

An owner or operator shall notify the Agency within 30 days:

A) Whenever a claim for bodily injury or property damage

caused by the operation of a hazardous waste treatment,

storage or disposal facility is made against the owner or

operator or an instrument providing financial assurance for

liability coverage under this Section; or

B) Whenever the amount of financial assurance for liability

coverage under this Section provided by a financial

instrument authorized by subsections (a)(1) through (a)(6)

is reduced.

b)  Coverage for nonsudden accidental occurrences. An owner or operator

of a surface impoundment, landfill, —e~—land treatment facility or

miscellaneous disposal unit which is used to manage hazardous waste,

or a group of such facilities, shall demonstrate financial

responsibility for bodily injury and property damage 

third parties

caused by nonsudden accidental occurrences arising from operations of

the facility or group of facilities. The owner or operator shall

have and maintain liability coverage for nonsudden accidental

occurrences in the amount of at least $3 million per occurrence with

an annual aggregate of at least $6 million, exclusive of legal

99—601

ILLINOIS REGISTER

POLLUTiON CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

defense costs. An owner or operator meeting the requirements of this

Section may combine the required per—occurrence coverage levels for

~üddenand nonsudden accidental occurrences into a single per—

occurrence level, and combine the required annual aggregate coverage

levels for sudden and nonsudden accidental occurrences into a single

i~nual aggregate level. Owners or operators who combine coverage

Tëvels for

sudden and nonsudden accidental occurrences shall maintain

liability coverage in the amount of at least $4 million per

occurrence and $8 million annual aggregate. This liability coverage

~ay be demonstrated -4-n one e~th~eeways~—as specified in

subsections (b)(1), (b)(2), —and —(b)(3), (b)(4), (b)(5) or (b)(6):

1)  An owner or operator may demonstrate the required liability

coverage by having liability insurance as specified in this

paragraph.

A) Each insurance policy must be amended by attachment of the

Hazardous Waste Facility Liability Endorsement or evidenced

by a Certificate of Liability Insurance. The wording of

the endorsement must be as specified in Section 724.251.

The wording of the certificate of insurance must be as

specified in Section 724.251. The owner or operator —mast

—shall submit a signed duplicate original of the

endorsement or the certificate of insurance to the

Agency. If requested by the Agency, the owner or operator

shall provide a signed duplicate original of the insurance

policy. An owner or operator of a new facility shall

submit the signed duplicate original of the Hazardous Waste

Facility Liability Endorsement or the Certificate of

Liability Insurance to the Agency at least 60 days before

the date on which hazardous waste is first received for

treatment, storage or disposal. The insurance must be

effective before this initial receipt of hazardous waste.

Each insurance policy must be issued by an insurer which—i

at a m4-n4-m~m~i-s 4-4-eensed to t~ansaetthe ~s4-nesso~

4-ns~~anee~e~e4-4-g4-~1-e to p~ov4-de 4-ns~~aneeas an exeess o~

s~~p1-~is4-4-nes 4-ns~~e~4-n one o~more states— is licensed 

by~

the Illinois Department of Insurance.

An owner or operator may meet the requirements of this Section

by passing a financial test or using the —eoFpo~ate-guarantee

for liability coverage as specified in subsections (f) and (g).

~j An owner or operator may meet the requirements of this Section

by obtaining a letter of credit for liability coverage as

specified in subsection (h).

99— 602

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

An owner or operator may meet the requirements of this Section

by obtaining a surety bond for liability coverage as specified

in subsection 

(i).

5) An owner or operator mnay meet the requirements of this Section

by obtaining a trust fund for liability coverage as specified in

subsection (j).

An owner or operator may demonstrate the required liability

coverage through the use of —the—combinations of insurance,

financial test, —4-ns~waneeT the eeP~o~ate—guarantee, —a

eem~4-nat4en of the f4-nane4-a4- test and 4-ns~waneeo~a eemt~+natfoR

of the eoPpe~ategbaPantee and 4nsdFanee—letter of credit,

surety bond and trust fund, except that the owner or operator

may not combine a financial test covering part of the liability

coverage requirement with a guarantee unless the financial

statement of the owner or operator is not consolidated with the

financial statement of the guarantor. The amounts of coverage

demonstrated must total at least the minimum amounts required by

this —s~s—Section. If the owner or operator demonstrates the

required coverage through the use of a combination of financial

assurances under this subsection, the owner or operator shall

specify at least one such assurance as “primary” coverage, and

shall specify other such assurance as “excess” coverage.

7)

An owner or operator shall notify the Agency within 30 days:

A) Whenever a claim for bodily injury or property damage

caused by the operation of a hazardous waste treatment,

storage or disposal facility is made against the owner or

operator or an instrument providing financial assurance for

liability coverage under this Section; or

B) Whenever the amount of financial assurance for liability

coverage under this Section provided by a financial

instrument authorized by subsections (a)(1) through (a)(6)

is reduced.

Request for adjusted level of required liability coverage. If an

owner or operator demonstrates to the Agency that the levels of

financial responsibility required by subsections (a) or (b) are not

consistent with the degree and duration of risk associated with

treatment, storage or disposal at the facility or group of

facilities, the owner or operator may obtain an adjusted level of

required liability coverage from the Agency.

The request for an

adjusted level of required liability coverage must be submitted to

the Agency as part of the application under 35 Ill. Adm. Code 703.182

for a facility that does not have a permit, or pursuant to the

9~—603

iLLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

procedures for permit modification under 35 Ill. Adm. Code 705.128

for a facility that has a permit. If granted, the modification will

take the form of an adjusted level of required liability coverage,

such level to be based on the Agency assessment of the degree and

duration of risk associated with the ownership or operation of the

facility or group of facilities. The Agency may require an owner or

operator who requests an adjusted level of required liability

coverage to provide such technical and engineering information as is

necessary to determine a level of financial responsibility other than

that required by subsection (a) or (b). Any request for an adjusted

level of required liability coverage for a permitted facility will be

treated as a request for a permit modification under 35 I’ll. Adm.

Code 702.184(e)(3) and 705.128.

d)

Adjustments by the Agency. if the Agency determines that the levels

of financial responsibility required by subsection (a)

or (b) are not

consistent with the degree and duration of risk associated with

treatment, storage or disposal at the facility or group of

facilities, the Agency shall adjust the level of financial

responsibility required under subsection (a) or (b) as may be

necessary to protect human health and the environment. This adjusted

level —sha4-4—must be based on the Agency’s assessment of the degree

and duration of risk associated with the ownership or operation of

the facility or group of facilities. In addition, if the Agency

determines that there is a significant risk to human health and the

environment from nonsudden accidental occurrences resulting from the

operations of a facility that is not a surface impoundment, landfill

or land treatment facility, the Agency may require that an owner or

operator of the facility comply 

with subsection (b). An

owner or

operator shall furnish to the Agency, 

within a time specified by the

Agency in the request, which —shal-l-—must be not be less than 30 days,

any information which the Agency requests to determine whether cause

exists for such adjustments of level or type of coverage. Any

adjustment of the level or type of coverage for a facility that has a

permit will be treated as a permit modification under 35 Ill. Adm.

Code 7O2.184(e)(3) and 705.128.

e)  Period of coverage. Within 60 days after receiving certifications

from the owner or operator and

an

independent registered professional

engineer that final closure has been completed in accordance with the

approved closure plan, the Agency shall notify the owner or operator

in writing that the owner or operator is no 

longer required by this

Section to maintain liability coverage for that facility, unless the

Agency determines that closure has not been in accordance with the

approved closure plan.

f) Financial test for liability coverage.

99—604

iLLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

1)  An owner or operator may satisfy the requirements of this

Section by demonstrating that it passes a financial test as

specified in this paragraph. To pass this test the owner or

operator shall meet the criteria of subsection (f)(1)(A) or

(f)(1 )(B):

A) The owner or operator shall have:

i )

Net working 

capital and tangible net worth each at

least six times the amount of liability coverage to be

demonstrated by this test; and

ii) Tangible net worth of at least $10 million; and

iii) Assets in the United States amounting to either: at

least 90 percent of the total assets; or at least six

times the amount of liability coverage to be

demonstrated by this test.

B) The owner or operator shall have:

i) A current rating for its most recent bond issuance of

AAA, AA, A or BBB as issued by Standard and Poor’s, or

Aaa, Aa, A or Baa as issued by Moody’s; and

ii) Tangible net worth of at least $10 million; and

iii) Tangible net worth at least six times the amount of

liability coverage to be demonstrated by this test;

and

iv) Assets in the United States amounting to either: at

least 90 percent of the total assets; or at least six

times the amount of liability coverage to be

demonstrated by this test.

2) The phrase “amount of liability coverage” as used in subsection

(f)(1) refers to the annual aggregate amounts for which coverage

is required under subsections (a) and (b).

3)  To demonstrate that it meets this test, the owner or operator

shall submit the following three items to the Agency:

A)  A letter signed by the owner’s or operator’s chief

financial officer and worded as specified in Section

724.251. If an owner or operator is using the financial

test to demonstrate both assurance for closure or post-

closure care, as specified by Sections 724.243(f),

99—605

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

724.245(f), 725.243(e) and 725.245(e), and liability

coverage, it shall submit the letter specified in Section

724.251 to cover both forms of financial responsibility; a

separate letter as specified in Section 724.251 is not

requi red.

B)  A copy of the independent certified public accountant’s

report on examination of the owner’s or operator’s

financial statements for the latest completed fiscal year.

C)  A special report from the owner’s or operator’s independent

certified public accountant to the owner or operator

stating that:

The accountant has compared the data which the letter

from the chief financial officer specifies as having

been derived from 

the independently audited, year—end

financial statements for the latest fiscal year with

the amounts in such financial statements; and

ii) In connection with that procedure, no matters came to

the accountant’s attention which caused the accountant

to believe that the specified data should be adjusted.

An

owner or operator of a new

facility shall submit the items

specified in subsection (f)(3) to the Agency at least 60 days

before the date on which hazardous waste is first received for

treatment, storage or disposal.

After the initial submission of items specified in subsection

(f)(3), 

the owner of operator shall send updated information to

the Agency within 90 days after the close of each succeeding

fiscal year. This information must consist of all three items

specified in subsection (f)(3).

6)  If the owner or operator no longer meets the requirements of

subsection (f)(1), the owner or operator shall obtain insurance

for the entire amount of required liability coverage as

specified in this Section. Evidence of insurance must be

submitted to the Agency within 90 days after the end of the

fiscal year for which the year—end financial data show that the

owner

or operator no longer meets the test requirements.

The Agency may disallow use

of this test on the basis of

qualifications in 

the opinion expressed

by the independent

certified public accountant in the accountant’s report on

examination of the owner’s or operator’s financial statements

(see subsection (f)(3)(B)). An adverse opinion or a disclaimer

99—606

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

of opinion will be cause for disallowance. The Agency shall

evaluate other qualifications on an individual basis. The owner

or operator shall provide evidence of insurance for the entire

amount of required liability coverage as specified in this

Section within 30 days after notification of disallowance.

9)  —Go~po~ateg-Guarantee for liability coverage.

Subject to subsection (g)(2), an owner or operator may meet the

requirements of this Section by obtaining a written guarantee,

referred to as a “—ee~~e~ate—guarantee.” The guarantor —mast—

shall be the direct or higher—tier parent corporation of the

owner or operator, a firm whose parent corporation is also the

~arent corporation of the owner or operator, or a firm with a

‘substantial business relationship” with the owner or

operator. The guarantor -mast-shall meet the requirements for

owners and operators in subsections (f)(1) through (f)(—~—6).

The wording of the —eo~~e~ate—guarantee must be as specified in

Section 724.251. A certified copy of the —eoFpo~ate—guarantee

must accompany the items sent to the Agency as specified in

subsection (f)(3). One of these items must be the letter from

the guarantor’s chief financial officer. If the guarantor’s

parent corporation is also the parent corporation of the owner

or operator, this letter must describe the value received in

consideration of the guarantee. If the guarantor is a firm with

a “substantial business relationship” with the owner or

operator, this letter must describe this “substantial business

relationship” and the value received in consideration of the

guarantee. The terms of the -eep~eFate-guarantee must provide

that:

A)  If the owner or operator fails to satisfy a judgment based

on a determination of liability for bodily injury or

property damage to third parties caused by sudden or

nonsudden accidental occurences (or both as the case may

be), arising from the operation of facilities covered by

this —ee~poPate—guarantee, or fails to pay an amount

agreed to in settlement of claims arising from or alleged

to arise from such injury or damage, the guarantor will do

so up to the limits of coverage.

B)

The —eoP~ePate-guarantee will remain in force unless the

guarantor sends notice of cancellation by certified mail to

the owner or operator and to the Agency. The guarantee

-sha34-—n-ust not be terminated unless and until the Agency

approves alternate liability coverage complying with

Section 724.247 or 35 Ill. Adm. Code 725.247.

9 9—607

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

The guarantor shall execute the guarantee in Illinois. The

guarantee shall be accomnpanied by a letter signed by the

guarantor which states that:

A)

The guarantee was signed in Illinois by an authorized agent

of the guarantor;

The guarantee is governed by Illinois law; and

The name and address of the guarantor’s registered agent

for service of process.

3)  The guarantor shall have a registered agent pursuant to Section

5.05

of the Business Corporation Act of 1983 (Ill. Rev. Stat.

1987, 

ch. 32, par. 5.05) or Section

105.05 of the General Not-

for—Profit Corporation Act of 1986 (Ill. Rev. Stat. 1987, ch.

32,

par. 105.05).

~j Letter of credit for liability coverage.

1)  An owner or operator may satisfy the requirements of this

Section by obtaining an irrevocable standby letter of credit

which conforms to the requirements of this subsection, and

submitting a copy of the letter of credit to the Agency.

2)  The financial institution issuing the letter of credit shall be

an entity which has the authority to issue letters of credit and

whose letter of credit operations are regulated and examined by

the Illinois Commissioner of Banks and Trust Companies.

The wording of the letter

of credit 

must be as specified in

Section 724.251.

Surety bond for liability coverage.

1)

An owner or operator may satisfy the requirements of this

Section by obtaining a surety bond which conforms to the

requirements of this subsection and submitting a copy of the

bond to the Agency.

2)  The surety company issuing the bond shall be licensed by the

Illinois Department of Insurance.

3)

The wording of the surety bond must be as specified in Section

724. 251.

Trust fund for liability coverage.

99— 608

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED 

AMENDMENTS

An owner or operator may satisfy the requirements of this

Section by establishing a trust fund which conforms to the

requirements of this subsection and submitting a signed,

duplicate original of the trust agreement to the Agency.

The trustee shall be an entity which has the authority to act as

a trustee and whose trust operations are regulated and examined

by the Illinois Commissioner of Banks and Trust Companies, or

who complies with the Foreign Corporations as Fiduciaries Act.

(Ill. Rev. Stat. 1987, ch. 17, par. 2801 et seq.)

3)

The trust fund for liability coverage must be funded for the

full amount of the liability coverage to be provided by the

trust fund before it may be relied upon to satisfy the

requirements of this Section. If at

any

time after the trust

fund is created the amount of funds in the trust fund is reduced

below the full amount of liability coverage to be provided, the

owner or operator, by the anniversary of the date of

establishment of the fund, shall either add sufficient funds to

the trust fund to cause its value to equal the full amount of

liability coverage to be provided, or obtain other financial

assurance as specified in this Section to cover the

difference. For purposes of this subsection, “the full amount

of the liability coverage to be provided” means means the amount

of coverage for sudden and nonsudden accidental occurrences

required to be provided by the owner or operator by this

Section, less the amount of financial assurance for liability

coverage which is being provided by other financial assurance

mechanisms being used to demonstrate financial assurance by the

owner or operator.

4) The wording

of the trust 

fund must

be as specified in Section

724. 251.

(Source: Amended at 13 Ill. Reg.

, effective

Section 724.251  Wording of the Instruments

The Board incorporates by reference 40 CFR 264.151 —-(4-98~4~as amended at ~2

FedT RegT 44~1~-14ovem~e~

4-8T 4-98~—(1988), as amended at 53 Fed. Reg. 33950,

September 1, 1988. This Section incorporates no later amendments or

editions. The Agency shall promulgate standardized forms based on 40 CFR

264.151 with such changes in wording as are necessary under Illinois law. Any

owner or operator required to establish financial assurance under this Subpart

shall do so only upon the standardized forms promulgated by the Agency. The

Agency

shall reject any financial assurance document which is not submitted on

such standardized forms.

99—609

ILLINOIS REGISTER

POLLUTiON CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

(Source: Amended at 13 111. Reg.

, effective

)

SUBPART 3: TANK SYSTEMS

Section 724.290

Applicability

The requirements of this Subpart apply to owners and operators of facilities

that use tank systems for treating or storing hazardous waste, except as

otherwise provided in subsections (a) or (b) or in Section 724.101.

Tank—s— ~stems that are used to store or treat hazardous waste which

contains no free liquids and are situated inside a bui1tding with an

impermeable floor are exempted from the requirements in Section

724.293. To demonstrate the absence or presence of free liquids in

the stored or treated waste, EPA Method 9095 (Paint Filter Liquids

Test) as described in “Test Methods for Evaluating Solid Wastes

Physical/Chemical Methods “EPA Publication No. SW-846), incorporated

by reference in 35 Ill. Adm. Code 720.111, must be used.

Tank—s— systems, including sumps, as defined in 35 111. Adm. Code

720.110, that serve as part of asecondary containment system to

collect or contain releases of hazardous wastes are exempted from the

requirements in Section 724.293(a).

(Source: Amended at 13 Ill. Reg.   

, effective

Section 724.293

Containment and Detection of Releases

In order to prevent the release of hazardous waste or hazardous

constituents to the environment, secondary containment that meets the

requirements of this Section must be provided (except as provided in

subsection (f) and (g)).

For all new tank systems or components, prior to their being put

into service;

For all existing tank systems used to store or treat Hazardous

Waste Numbers F020, FO21, F022, F023, FO26 or F027, as defined

in 35 111. Adm. Code 721.131, within two years after January 12,

1987;

3)  For those existing tank systems of known and documented age,

within

two

years after January 12, 1987, or when the tank system

has reached 15 years of age, whichever comes later;

For those existing tank systems for which the age cannot be

documented, within eight years of January 12, 1987; but if the

age of the facility is greater than seven years, secondary

99—610

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

containment must be provided by the time the facility reaches 15

years of age, or within two years of January 12, 1987, whichever

comes later; and

5) For tank systems that store or treat materials that become

hazardous wastes subsequent to January 12, 1987, within the time

intervals required in subsections (a)(1) through (a)(4), except

that the date that a material becomes a hazardous waste must be

used in place of January 12, 1987.

b) Secondary containment systems must be:

Designed, installed and operated to prevent any migration of

wastes or accumulated liquid out of the system to the soil,

groundwater or surface water at any time during the use of the

tank system; and

Capable of detecting and collecting releases and accumulated

liquids until the collected material is removed.

To meet the requirements of subsection (b), secondary containment

systems must be at a minimum:

Constructed of or lined with materials that are compatible with

the waste(s) to be placed in the tank system and must have

sufficient strength and thickness to prevent failure owing to

pressure gradients (including static head and external

hydrological forces), physical contact with the waste to which

is exposed, climatic conditions and the stress of daily

operation (including stresses from nearby vehicular traffic);

Placed on a foundation or base capable of providing support to

the secondary containment system, resistance to pressure

gradients above and below the system, and capable of preventing

failure due to settlement, compression or uplift;

Provided with a leak-detection system that is designed and

operated so that it will detect the failure of either the

primary or secondary containment structure or the presence of

any release of hazardous waste or accumulated liquid in the

secondary containment system within 24 hours, or at the earliest

practicable time if the owner or operator demonstrates, by way

of permit application, to the Agency that existing detection

technologies or site conditions will not allow detection of a

release within 24 hours; and

4) Sloped or otherwise designed or operated to drain and remove

liquids resulting from leaks, spills or precipitation. Spilled

99—6 11

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

or leaked waste and accumulated precipitation must be removed

from the secondary containment system within 24 hours, or in as

timely a manner as is possible to prevent harm to human health

and the environment, if the owner or operator demonstrates to

the Agency, by way of permit application, that removal of the

released waste or accumulated precipitation cannot be

accomplished within 24 hours.

BOARD NOTE: If the collected material is a hazardous waste

under 35 Ill. Adm. Code 721, it is subject to management as a

hazardous waste in accordance with all applicable requirements

of 35 111. Adm. Code 722 through 725. If the collected material

is discharged through a point source to waters of the State, it

is subject to the NPDES permit requirement of Section 12(f) of

the Environmental Protection Act and 35 Ill. Adm. Code 309. if

discharged to a Publicly Owned Treatment Work (POTW), it is

subject to the requirements of —Seet4-en 39~of the G4-ean Water

ACtT as amended-35 Ill. Adm. Code 307 and 310. If the collected

material is released to the environment, it may be subject to

the reporting requirements of —49 GF~~92 ~4-98?4—35Ill. Adm.

Code 750.410 and 40 CFR 302.6, incorporated by reference in 35

ill. Adm. Code 720.111.

d)  Secondary containment for tanks must include one or more of the

following devices:

1) A

liner (external to the tank);

2) A

vault;

3) A

double-walled tank; or

4) An equivalent device as approved by the Board in an adjusted

standards proceeding.

In addition to the requirements of subsections (b), (c) and (d),

secondary containment systems must satisfy the following

requi rements:

1)  External liner systems must be:

A) Designed or operated to contain 100 percent of the capacity

of the largest tank within its boundary.

B)  Designed or operated to prevent run—on or infiltration of

precipitation into the secondary containment system, unless

the collection system has sufficient excess capacity to

contain run—on or infiltration. Such additional capacity

99—612

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

must

be sufficient to contain precipitation from a 25—year,

24—hour rainfall event.

C)  Free of cracks or gaps; and

D) Designed and installed to surround the tank completely and

to cover all surrounding earth likely to come into contact

with the waste if the waste is released from the tank(s)

(i.e. capable of preventing lateral as well as vertical

migration of the waste).

Vault systems must be:

A)  Designed or operated to contain 100 percent of the capacity

of the largest tank within the vault system’s boundary;

B) Designed or operated to prevent run-on or infiltration of

precipitation into the secondary containment system unless

the collection system has sufficient excess capacity to

contain run—on or infiltration.

Such additional capacity

must be sufficient to contain precipitation from a 25—year,

24-hour rainfall event;

Constructed with chemical-resistant water stops in place at

all joints (if any);

Provided with an impermeable interior coating or lining

that is compatible with the stored waste and that will

prevent migration of waste into the concrete;

E)  Provided with a means to protect against the formation of

and ignition of vapors within the vault, if the waste being

stored or treated:

Meets the definition of ignitable waste under 35 Ill.

Adm. Code 721.121; or

ii) Meets the definition of reactive waste under 35 Ill.

Adm. Code 721.123, and may form

an ignitable or

explosive vapor;

Provided with an exterior moisture barrier or be otherwise

designed or operated to prevent migration of moisture into

the vault if the vault is subject to hydraulic pressure.

3)  Double—walled tanks must be:

A)  Designed as an integral structure (i.e., an inner tank

99—613

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

completely enveloped within an outer shell) so that any

release from the inner tank is contained by the outer

shell;

Protected, if constructed of metal, from both corrosion of

the primary tank interior and of the external surface of

the outer shell; and

C)

Provided with a built-in continuous leak detection system

capable of detecting a release within 24 hours, or at the

earliest practicable time, if the owner or operator

demonstrates, by way of permit application, to the Agency

that the existing detection technology or site conditions

would not allow detection of a release within 24 hours.

BOARD NOTE: The provisions outlined in the Steel Tank

Institute’s (STI) “Standard for Dual Wall Underground Steel

Storage Tanks”, incorporated by reference in 35 Ill. Adm.

Code 720.111, may be used as guidelines for aspects of the

design of underground steel double-walled tanks.

Ancillary equipment must be provided with secondary containment

(e.g., trench, jacketing, double-walled piping) that meets the

requirements of subsections (b) and (c), except for:

1)

Aboveground piping (exclusive of flanges, joints, valves and

other connections) that are visually inspected for leaks on a

daily basis;

Welded flanges, welded joints and welded connections, that are

visually inspected for leaks on a daily basis;

Sealless or magnetic coupling pumps and sealless valves, that

are visually inspected for leaks on a daily basis; and

4)  Pressurized aboveground piping systems with automatic shut—off

devices (e.g., excess flow check valves, flow metering shutdown

devices, loss of pressure actuated shut-off devices) that are

visually inspected for leaks on a daily basis.

Pursuant to Section 28.1 of the Environmental Protection Act, and in

accordance with 35 Ill. Adm. Code 106.Subpart D, an adjusted standard

will 

be granted by the Board regarding alternative design and

operating practices only if the Board finds either that the

alternative design and operating practices, together with location

characteristics, will prevent the 

migration of any hazardous waste

or

hazardous constituents into the groundwater or surface water at least

as effectively as secondary containment during the active life of the

99—614

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

tank system, or that in the event of a release that does migrate to

groundwater or surface water, no substantial present or potential

hazard will be posed to human health or the environment. New

underground tank systems may not receive an adjusted standard from

the secondary containment requirements of this Section through a

justification in accordance with subsection (g)(2).

When determining whether to grant alternative design and

operating practices based on a demonstration of equivalent

protection of groundwater and surface water, the Board will

consider whether the petitioner has justified an adjusted

standard based on the following factors:

The nature and quantity of the wastes;

The proposed alternate design and operation;

The hydrogeologic setting of the facility, including the

thickness of soils present between the tank system and

groundwater; and

All other factors that would influence the quality and

mobility of the hazardous constituents and the potential

for them to migrate to groundwater or surface water.

When determining whether to grant alternative design and

operating practices based on a demonstration of no substantial

present or potential hazard, the Board will consider whether the

petitioner has justified an adjusted standard based on the

following factors:

The potential adverse effects on groundwater, surface water

and land quality taking into account:

The physical and chemical characteristics of the waste

in the tank system, including its potential for

migration;

ii) The hydrogeological characteristics of the facility

and surrounding land;

iii) The potential for health risk caused by human exposure

to waste constituents;

iv) The potential for damage to wildlife, crops,

vegetation and physical structures caused by exposure

to waste constituents; and

99—6 15

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

v) The persistence and permanence of the potential

adverse effects.

The potential adverse effects of a release on groundwater

quality, taking into account;

The quantity and quality of groundwater and the

direction of groundwater flow;

ii) The proximity and withdrawal rates of groundwater

users;

iii)

The current 

and future uses of groundwater in the

area; and

iv) The existing quality of groundwater, including other

sources of contamination and their cumulative impact

on the groundwater quality.

The potential adverse effects of a release on surface water

quality, taking into account:

The quantity and quality of groundwater and the

direction of groundwater flow;

ii) The patterns of rainfall in the region;

iii) The proximity of the tank system to surface waters;

iv) The current and future uses of surface waters in the

area and water quality standards established for those

surface waters; and

The existing quality of surface water, including other

sources of contamination and the cumulative impact on

surface water quality.

The potential adverse effect of a release on the land

surrounding the tank system, taking into account:

The patterns of rainfall in the region; and

ii) The current and future uses of the surrounding land.

The owner or operator of a tank system, for which alternative

design and operating practices had been granted in accordance

with the requirements of subsection (g)(1), at which a release

of hazardous waste has occurred from the primary tank system but

99—616

ILLiNOIS REGISTER

POLLUTiON CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

which has not migrated beyond the zone of engineering control

(as established in the alternative design and operating

practices), shall:

Comply with the requirements of Section 724.296, except

Section 724.296(d), and

Decontaminate or remove contaminated soil to the extent

necessary to:

Enable the tank system for which the alternative

design and operating practices were granted to resume

operation with the capability for the detection of

releases at least equivalent to the capability it had

prior to the release; and

ii)

Prevent the migration of hazardous waste or hazardous

constituents to groundwater or surface water, and

If contaminated soil cannot be removed or decontaminated in

accordance with subsection (g)(3)(B), comply with the

requirement of Section 724.297(b).

4)

The owner or operator of a tank system, for which

alternative

design and operating practices had been granted in accordance

with the requirements of subsection (g)(1), at which a release

of hazardous waste has occurred from the primary tank system and

which has migrated beyond the zone of engineering control (as

established in the alternative design and operating practices),

shall:

Comply with the requirements of Section 724.296(a),(b),(c)

and (d); and

Prevent the migration of hazardous waste or hazardous

constituents to groundwater or surface water, if possible,

and decontaminate or remove contaminated soil. If

contaminated soil cannot be decontaminated or removed, or

if groundwater has been contaminated, the owner or operator

shall comply with the requirements of Section 724.297(b);

and

C)  If repairing, replacing or reinstalling the tank system,

provide secondary containment in accordance with the

requirements of subsections (a) through (f), or make the

alternative design and operating practices demonstration to

the Board again, and meet the requirements for new tank

systems in Section 724.292 if the tank system is

99—617

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

replaced. The owner or operator shall comply with these

requirements even if contaminated soil is decontaminated or

removed and groundwater or surface water has not been

contami nated.

in order to make an alternative design and operating practices, the

owner or operator shall follow the following procedures in addition

to those specified in 35 Ill. Adn. Code 106.Subpart 0:

The owner or operator shall file a petition for approval of

alternative design and operating practices according to the

following schedule:

For existing tank systems, at least 24 months prior to the

date that secondary containment must be provided in

accordance with subsection (a).

For new tank systems, at least 30 days prior to entering

into a contract for installation.

As part of the petition, the owner or operator shall also submit

to the Board:

A description of the steps necessary to conduct the

demonstration and a timetable for completing each of the

steps. The demonstration must address each of the factors

listed in subsections (g)(1) or (g)(2); and

The portion of the Part B permit application specified in

35 Ill.

Adm Code 

703.202.

The owner or operator shall complete its showing within 180 days

after filing its petition for approval of alternative design and

operating practices.

The Agency shall issue or modify the RCRA permit so as to

require the permittee to construct and operate the tank system

in the manner that was provided in any Board order approving

alternative design and operating practices.

All tank systems, until such time as secondary containment that meets

the requirements of this Section is provided, must comply with the

following:

For non—enterable underground tanks, a leak test that meets the

requirements of Section 724.291(b)(5) or other tank integrity

methods, as approved or required by the Agency, must be

conducted at least annually.

99—618

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

2) For other than non-enterable underground tanks, the owner or

operator —m~ist—shal1 either:

A) Conduct a leak test as in subsection (i)(1), or

Develop a schedule and procedure for an assessment of the

overall condition of the tank system by an independent,

qualified registered professional engineer. The schedule

and procedure must be adequate to detect obvious cracks,

leaks and corrosion or erosion that may lead to cracks and

leaks. The owner or operator —mast-shall remove the stored

waste from the tank, if necessary, to allow the condition

of all internal tank surfaces to be assessed. The

frequency of these assessments must be based on the

material of construction of the tank and its ancillary

equipment, the age of the system, the type of corrosion or

erosion protection used, the rate of corrosion or erosion

observed during the previous inspection and the

characteristics of the waste being stored or treated.

3)

For ancillary equipment, a leak test or other integrity

assessment as approved by the Agency must be conducted at least

annually.

BOARD NOTE: The practices described in the API Publication,

Guide for Inspection of Refinery Equipment, Chapter XIII,

“Atmospheric and Low-Pressure Storage Tanks,” incorporated by

reference in 35 Ill. Adm. Code 720.111, may be used, where

applicable, as guidelines

for

assessing the overall condition of

the tank system.

The owner or operator shall maintain on file at the facility a

record of the results of the assessments conducted in accordance

with subsections (i)(1) through (i)(3).

If a tank system or component is found to be leaking or unfit

for use as a result of the leak test or assessment in

subsections (i)(1) through (1)(3), the owner or operator shall

comply with the requirements of Section 724.296.

(Source: Amended at 13 111. Reg.

, effective

)

Section 724.296

Response to Leaks or Spills and Disposition of

Leaking or unfit-for-use Tank Systems

tank system or secondary containment system from which there has been a leak

or spill, or which is unfit for use, must be removed from service irrinediately,

99—619

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

and the owner or operator shall satisfy the following requirements:

a) Cease using; prevent flow or addition of wastes. The owner or

operator shall inu~ediately stop the flow of hazardous waste into the

tank system or secondary containment system and incpect the system to

determine the cause of the release.

b) Removal of waste from tank system or secondary containment system.

1)  If the release was from the tank system, the owner or operator

shall, within 24 hours after detection of the leak or as

otherwise provided in the permit, remove as much of the waste as

is necessary to prevent further release of hazardous waste to

the environment and to allow inspection and repair of the tank

system to be performed.

2) If the material released was to a secondary containment system,

all released materials must be removed within 24 hours or as

otherwise provided in the permit to prevent harm to human health

and the environment.

c)  Containment of visible releases to the environment. The owner or

operator shall imediately conduct a visual inspection of the release

and, based upon that inspection:

1)  Prevent further migration of the leak or spill to soils or

surface water; and

Remove, and properly dispose of, any visible contamination of

the soil or surface water.

d) Notifications, reports.

1)  Any release to the environment, except as provided in subsection

(d)(2),

must be reported to the Agency within 24 hours of its

detection.

A leak or spill of hazardous waste is exempted from the

requirements of this paragraph if it is:

P.)  Less than or equal to a quantity of one (1) pour~dand

Irmiediately contained and cleaned-up.

3)  Within 30 days of detection of a release to the environment, a

report containing the following information must be submitted tc

the Agency:

99—620

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NOTICE OF PROPOSED AMENDMENTS

A) Likely route of migration of the release;

B)  Characteristics of the surrounding soil (soil composition,

geology, hydrogeology, climate);

C) Results of any monitoring or sampling conducted in

connection with the release (if available). If sampling or

monitoring data relating to the release are not available

within 30 days, these data must be submitted to the Agency

as soon as they become available.

Proximity to downgradient drinking water, surface water

and

populated areas; and

E) Description of response actions taken or planned.

e)  Provision of secondary containment, repair or closure.

1)  Unless the owner or operator satisfies the requirements of

subsections (e)(2) through (e)(4), the tank system must be

closed in accordance with Section 724.297.

2) If the cause of the release was a spill that has not damaged the

integrity of the system, the owner or operator may return the

system to service as soon as the released waste is removed and

repairs, if necessary, are made.

3)  If the cause of the release was a leak from the primary tank

system into the secondary containment 

system, the

system must be

repaired prior to returning the tank system to service.

4) If the source of the release was a leak to the environment from

a component of a tank system without secondary containment, the

owner or operator shall provide the component of the system from

which the leak occurred with secondary containment that

satisfies the requirements of Section 724.293 before it can be

returned to service, unless the source of the leak is an

aboveground portion of a tank system that can be inspected

visually. If the source is an aboveground component that can be

inspected visually, the component must be repaired and may be

returned to. service without secondary containment as long as the

requirements of subsection (f) are satisfied. If a component is

replaced to comply with the requirements of this subparagraph,

that component must satisfy the requirements of new tank systems

or components in Sections 724.292 and 724.293. Additionally, if

a leak has occurred in any portion of a tank system component

that is not readily accessible for visual inspection (e.g., the

bottom of an inground or onground tank), the entire component

99—621

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

must be provided with secondary containment in accordance with

Section 724.293 prior to being returned to use.

f)  Certification of major repairs. If the owner or operator has

repaired a tank system in accordance with subsection (e), and the

repair has been extensive (e.g., installation of an internal liner,

repair or a ruptured primary containment or secondary containment

vessel), the tank system must not be returned to service unless the

owner or operator has obtained a certification by an independent,

qualified, registered professional engineer, in accordance with 35

Ill. Adm. Code 702.126(d), that the repaired system is capable of

handling hazardous wastes without release for the intended life of

the system. This certification must be submitted to the Agency

within seven days after returning the tank system to use.

BOARD NOTE: See Section 724.115(c) for the requirements necessary to

remedy a failure. Also, 40 CFR —302 ~9864-3O2.6,incorporated by

reference in 35 Ill. Adm. Code 720.111, may require the owner or

operator to notify the National Response Center of certain releases.

(Source: Amended at 13 Ill. Reg.   

effective         

)

SUBPART X: MISCELLANEOUS UNITS

Section 724.700  Applicability

The requirements in this Subpart apply to owners and operators of facilities

that treat, store or dispose of hazardous waste in miscellaneous units, except

as Section 724.101 provides otherwise.

(Source: Added at 13 Ill. Reg.   

effective         

)

Section 724.701  Environmental Performance Standards

A miscellaneous unit must be located, designed, constructed, operated,

maintained and closed in a manner that will ensure protection of human health

and the environment. Permits for miscellaneous units are to contain such

terms and provisions as are necessary to protect human health and the

environment, including, but not limited to, as appropriate, design and

operating requirements, detection and monitoring requirements, and

requirements for responses to releases of hazardous waste or hazardous

constituents from the unit. Permit terms and provisions must include those

requirements of Subparts I through 0, and of 35 Ill. Adm. Code 702, 703 and

730, that are appropriate for the miscellaneous unit being permitted.

Protection of human health and the environment includes, but is not limited

to:

~l.

Prevention of any releases that may have adverse effects on human

99—622

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

health or the environment due to migration of waste constituents in

the groundwater or subsurface environment, considering:

1)  The volume and physical and chemical characteristics of the

waste in the unit, including its potential for nrigration through

soil, liners or other containing structures

~j The hydrologic and geologic characteristics of the unit and the

surrounding area

~ The existing quality of groundwater, including other sources of

contamination and their cumulative impact on the groundwater

~j The quantity and direction of groundwater flow

~j The proximity to and withdrawal rates of current and potential

groundwater users

~ The patterns of land use in the region

fl The potential for deposition or

migration of waste constituents

into subsurface physical structures, and into the root zone of

food—chain crops and other vegetation

~ft

The potential for health risks caused by human exposure to waste

constituents; and

The potential for damage to domestic animals, wildlife, crops,

y~~Jo~and physical structures caused by exposure to waste

constituents.

~pJ

Prevention of any releases that may have adverse effects on human

health or the environment due to migration of waste constituents in

surface water, or wetlands or on the soil surface, considering:

~ The volume and physical and chemical characteristics of the

waste in the unit

The effectiveness and reliability of containing, confining and

collecting systems and structures in preventing migration

3)  The hydrologic characteristics of the unit and surrounding area,

~

of the land around the unit

j~ The patterns of precipitation in the region

~ The quantity, quality and direction of groundwater flow

99—623

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

~j The proximity of the unit to surface waters

~ The current and potential uses of the nearby surface waters and

any water quality standards in 35 111. Adm. Code 302 or 303 

—

~j The existing quality of surface waters and surface soils,

including other sources of contamination and their cumulative

impact on surface waters and surface soils

~j The patterns of land use in the region

The potential for health risks caused by human exposure to waste

constituents; and

~j The potential for damage to domestic animals, wildlife, crops,

vegetation and physical structures casued by exposure to waste

constituents.

~j Prevention of any release that may have adverse effects on human

health or the environment due to migration of waste constituents in

the air, considering:

The volume and physical and chemical characteristics of the

waste in the unit, including its potential for the emission and

dispersal of gases, aerosols and particulates

,~j The effectiveness and reliability of systems and structures to

reduce or prevent emissions

of hazardous constituents to the

air;

~j The operating characteristics of the unit

The atmospheric, meteorologic and topographic characteristics of

the unit and the surrounding area

~j The existing quality of the air, including other sources of

contamination and their cumulative impact on the air

The potential for health risks caused by human exposure to waste

constituents; and

7)  The 22~~tialfor damage to domestic animals, wildlife, cro2~

vegetation and physical structures caused by waste constituents.

(Source: Added at 13 Ill. Reg.   

effective

Section 724.702  Monitoring, Analysis, Inspection, Response, Reporting and

Corrective Action

99—624

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Monitoring, testing, analytical data, inspections, response and reporting

procedures and frequencies must ensure compliance with Sections 724.115,

724.133, 724.175, 724.175, 724.177, 724.201 and 724.701, as well as any

additional requirements needed to protect human health and the environment as

specified in the permit.

(Source: Added at 13 Ill. Reg.   

effective         

)

Section 724.703  Post—closure Care

A miscellaneous unit that is a disposal unit must be maintained in a manner

that complies with Section 724.701 during the post-closure care period. In

addition, if a treatment or storage unit has contaminated soils or groundwater

that cannot be completely removed or decontaminated during closure, then that

unit must also meet the requirements of Section 724.701 during post-closure

care. The post-closure plan under Section 724.218 must specify the procedure

that will be used to satisfy this requirement.

(Source: Added at 13 111. Reg.   

effective         

)

9 9—625

ILLINOIS REGiSTER

TiTLE 35: ENVIRONMENTAL PROTECTiON

SUBTITLE G: WASTE DISPOSAL

CHAPTER 1: POLLUTiON CONTROL BOARD

SUBCHAPTER C: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 725

INTERiM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS

WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES

SUBPART A: GENERAL PROVISIONS

Purpose, Scope and Applicability

iminent Hazard Action

SUBPART B: GENERAL FACILiTY STANDARDS

Applicability

USEPA

Identification Number

Required Notices

General Waste Analysis

Security

General Inspection Requirements

Personnel Training

General Requirements for Ignitable, Reactive

Wastes

Location Standards

SUBPART C: PREPAREDNESS AND 

PREVENTIO4

Applicability

Maintenance and Operation of Facility

Requi red Equipment

Testing and Maintenance of Equipment

Access to Comunications or Alarm System

Required Aisle Space

Arrangements with Local Authorities

SUBPART 0: CONTINGENCY PLAN 

AND EMERGENCY PROCEDURES

Applicability

Purpose and. Implementation of Contingency Plan

Content of Contingency Plan

Copies of Contingency Plan

Amendment of Contingency Plan

Emergency Coordinator

Emergency Procedures

SUBPART E:

MANIFEST SYSTEM, RECOROKEEPING

AND

REPORTiNG

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Section

725. 101

725. 104

Section

725.110

725. 111

725. 112

725. 113

725. 114

725. 115

725. 116

725. 117

725. 118

Section

725. 130

725. 13?

725. 132

725. 133

725. 134

725.135

725. 137

Section

725. 150

725. 15?

725. 152

725. 153

725. 154

725.155

725. 156

or Incompatible

99—62 6

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Section

725.170   

Applicability

725.171   

Use of Manifest System

725.172   

Manifest Discrepancies

725.173   

Operating Record

725.174   

Availability, Retention and Disposition of Records

725.175   

Annual Report

725.176   

Unmanifested Waste Report

725.177   

Additional Reports

SUBPART F: GROUNDWATER MONITORING

Secti on

725.190

Applicability

725.191   

Groundwater Monitoring System

725.192   

Sampling and Analysis

725.193   

Preparation, Evaluation and Response

725.194   

Recordkeeping and Reporting

SUBPART G:

CLOSURE AND POST-CLOSURE

Section

725.210   

Applicability

725.211   

Closure Performance Standard

725.212   

Closure Plan; Amendment of Plan

725.213   

Closure; Time Allowed for Closure

725.214   

Disposal or Decontamination of Equipment, Structures and Soils

725.215   

Certification of Closure

725.216   

Survey Plat

725.217   

Post—closure Care and Use of Property

725. 218

Post—closure P1 an; Amendment of Plan

725.219   

Pust-Closure Notices

725.220

Certification of Completion of Post—Closure Care

SUBPART H:

FINANCIAL REQUIREMENTS

Secti on

725.240   

Applicability

725.241   

Definitions of Terms as Used in this Subpart

725.242   

Cost Estimate for Closure

725.243   

Financial Assurance for Closure

725.244   

Cost Estimate for Post—closure Care

725.245   

Financial Assurance for Post—closure Monitoring and Maintenance

725.246   

Use of a Me.chanism for Financial Assurance of Both Closure and

Post—closure Care

725.247

Liability Requirements

725.248   

Incapacity of Owners or Operators, Guarantors or Financial

Institutions

725.251   

Promulgation of Forms (Repealed)

SUBPART

I: USE AND MANAGEMENT OF CONTAINERS

99—627

ILLINOIS REGISTER

Secti on

725. 350

725. 351

725. 352

725. 353

725. 354

725. 356

725. 357

725. 358

Applicability

Condition of Containers

Compatibility of Waste with Containers

Management of Containers

Inspections

Special Requirements for Ignitable or Reactive Waste

Special Requirements for Incompatible Wastes

SUBPART J: TANK SYSTEMS

Applicability

Assessment of Existing Tank System’s Integrity

Design and Installation of New Tank Systems or

Containment and Detection of Releases

General Operating Requirements

Inspections

Response to leaks or spills and disposition of

Closure and Post-Closure Care

Special Requirements for Ignitable or Reactive Waste

Special Requirements for Incompatible Wastes

Waste Analysis and Trial Tests

Generators of 100 to 1000 kg/mo.

SUBPART K: SURFACE IMPOUNDMENTS

Applicability

Design Requirements

General Ooerating Requirements

Co~~~ai

niuent Systuin

Inspections

Closure and Post-Closure

Special Requirements for

Special Requirements for

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Section

725. 270

725. 271

725. 272

725.273

725. 274

725. 276

725.277

Secti on

725. 290

725. 291

725. 292

725. 293

725. 294

725. 295

7 25.296

725.297

725. 298

725. 299

725. 300

725. 301

Section

725. 320

725. 321

725. 322

725. 323

725. 325

725. 3 26

725. 328

725. 329

725. 330

Components

Tank Systems

Waste Analysis arid Trial Tests

Care

Ignitable or Reactive Waste

Incompatible Wastes

SUBPART L: WASTE

PILES

Applicability

Protection from Wind

Waste Analysis

Containment

Design Requi rements

Special Requirements for Ignitable or Reactive Waste

Special Requirements for Incompatible Wastes

Closure and Post—Closure Care

SUBPART

M: LAND TREATMENT

99—62~

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED 

AMENDMENTS

Section

725.370   

Applicability

725.372   

General Operating Requirements

725.373   

Waste Analysis

725.376   

Food Chain Crops

725.378   

Unsaturated Zone (Zone of Aeration) Monitoring

725.379   

Recordkeeping

725.380   

Closure and Post—Closure

725.381   

Special Requirements for Ignitable or Reactive Waste

725.382   

Special Requirements for Incompatible Wastes

SUBPART N: LANDFILLS

Section

725.400   

Applicability

725.401   

Design Requirements

725.402   

General Operating Requirements

725.409   

Surveying and Recordkeeping

725.410   

Closure and Post-Closure

725.412   

Special Requirements for Ignitable or Reactive Waste

725.413   

Special Requirements for Incompatible Wastes

725.414   

Special Requirements for Liquid Wastes

725.415   

Special Requirements for Containers

725.416

Disposal of Small Containers of Hazardous Waste in Overpacked

Drums (Lab Packs)

SUBPART 0:

INCINERATORS

Section

725.440   

Applicability

725.441

Waste Analysis

/25.445   

General Operati ry

kequl rements

725.447   

Monitoring and Inspection

725.451   

Closure

725.452   

Interim Status Incinerators Burning Particular Hazardous Wastes

SUBPART P: THERMAL TREATMENT

Secti on

725.470

Other Thermal Treatment

725.473   

General Operating Requirements

725.475   

Waste Analysis

725.477   

Monitoring and Inspections

725.481   

Closure

725.482

Open Burning; Waste Explosives

725.483

Interim Status Thermal Treatment Devices Burning Particular

Hazardous Waste

SUBPART

Q: CHEMICAL, PHYSICAL AND BIOLOGICAL TREATMENT

Section

725.500   

Applicability

99—629

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

725.501   

General Operating Requirements

725.502   

Waste Analysis and Trial Tests

725.503   

Inspections

725.504   

Closure

725.505   

Special Requirements for Ignitable or Reactive Waste

725.506   

Special Requirements for Incompatible Wastes

SUBPART R: UNDERGROUND

INJECTION

Section

725.530   

Applicability

Appendix A  Recordkeeping Instructions

Appendix B  EPA Report Form and Instructions (Repealed)

Appendix C  EPA Interim Primary Drinking Water Standards

Apper~dixD  Tests for Significance

Appendix E   Examples of Potentially Incompatible Waste

AUTHORITY: Implementing Section 22.4 and authorized by Section 27 of the

Environmental Protection Act (Ill. Rev. Stat. 1987, ch. 111-1/2, pars. 1022.4

and 1027).

SOURCE: Adopted in R81—22, 43 PCB 427, at 5 Ill. Reg. 9781, effective as

noted in 35 Ill. Adm. Code 700.106; amended and codified in RB1-22, 45 PCB

317, at 6 Ill. Reg. 4828, effective as noted in 35 Ill. Adm. Code 700.106;

amended in R82-18, 51 PCB 831, at 7 Ill. Reg. 2518, effective February 22,

1983; amended in R82—19, 53 PCB 131, at 7 Ill. Reg. 14034, effective October

12, 1983; amended in R84-9, at 9 Ill. Reg. 11869, effective July 24, 1985;

amended in R85—22 at 10 Ill. Reg. 1085, effective January 2, 1986; amended in

R86-3. at 10 Ill. Reg. 14069, effective August 12, 1986; amended in R86-?8 

11 Ill. Roy. 6044, effective

March 

24, 1987;

ar’cnded in R86-46 at 11 U. Roy.

13489, effective August

4, 1987; amended in R87-5 at 11 Ill. Reg. 19338,

effective November 10, 1987; amended in R87-26 at 12 Ill. Reg. 2485,

effective January 15, 1988; amended in R87-39 at 12 Ill. Reg. 13027,

effective July 29, 1988; amended in R88-16 at 13 Ill. Reg. 437, effective

December 27, 1988; amended in R89-1 at 13 III. Reg.

effective

SUBPART B: GENERAL FACILITY STANDARDS

Section 725.113  General Waste Analysis

a) Waste analysis:

1)  Before an owner or operator treats, stores or disposes of any

hazardous waste, the owner or operator shall obtain a detailed

chemical and physical analysis of a representative sample of the

waste. At a minimum, this analysis must contain all the

information which must be known to treat, store or dispose of

99— 630

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

the waste in accordance with the requirements of this Part and

35 Ill. Adm. Code 728.

2)  The analysis may include data developed under 35 Ill. Adci. Code

721 and existing published or documented data on the hazardous

waste or on waste generated from similar processes.

BOARD NOTE: For example, the facility’s record of analyses

performed on the waste before the effective date of these

regulations or studies conducted on hazardous waste generated

from processes similar to that which generated the waste to be

managed at the facility may be included in the data base

required to comply with subsection (a)(1). The owner or

operator of an off-site facility may arrange for the generator

of the hazardous waste to supply part or all of the information

required by subsection (a)(1). If the generator does not supply

the information and the owner or operator chooses to accept a

hazardous waste, the owner or operator is responsible for

obtaining the information required to comply with this Section.

3) The analysis must be repeated as necessary to insure that it is

accurate and up-to--date. At a minimum, the analysis must be

repeated:

A)  When the owner or operator is notified, or has reason to

believe, that the process or operation generating the

hazardous waste has changed; and

B) For off—site facilities, when the results of the inspection

requi red in sabsecti on (a 

)

(4) indicate that the huzardous

waste received at the facility does not match the waste

designated on the accompanying manifest or shipping paper.

4) The owner or operator of an off-site facility shall inspect and,

if necessary, analyze each hazardous waste movement received at

the facility to determine whether it matches the identity of the

waste specified on the accompanying manifest or shipping paper.

b) The owner or operator shall develop and follow a written waste

analysis plan which describes the procedures which the owner or

operator will carry out to comply with subsection (a). The owner or

operator shall keep this plan at the facility.

At a minimum, the

plan must specify:

1)  The parameters for which each hazardous waste will be analyzed

and the rationale for the selection of these parameters (i.e.,

how analysis for these parameters will provide sufficient

information on the waste’s properties to comply with subsection

99—631

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

(a).

2) The test methods which will be used to test for these

parameters.

3) The sampling method which will be used to obtain a

representative sample of the waste to be analyzed. A

representative sample may be obtained using either:

A) One of the sampling methods described in 35 Ill. Adm. Code

721.Appendix A or

B) An equivalent sampling method.

BOARD NOTE: See 35 Ill. Adm. Code 720.120(c) for related

discussion.

4) The frequency with which the initial analysis of the waste will

be reviewed or repeated to ensure that the analysis is accurate

and up—to—date.

5) For off—site facilities, the waste analyses that hazardous waste

generators have agreed to supply.

6) Where applicable, the methods which will be used to meet the

additional waste analysis requirements for specific waste

management methods as specified in Sections 725.293, 725.325,

725.352, 725.373, 725.414, 725.441, 725.475 and 725.502, and 35

Ill. Adm. Code 728.107. And,

7)  For surface impoundments exempted from land disposal

restrictions under 35 Ill. Adm. Code 728.104(a), the procedures

and schedules for:

A)  The sampling of impoundment contents;

B) The analysis of test data; and,

C) The annual removal of residues which are not delisted under

35 Ill. Adm. Code 720. 122 —aRd de Ret—or which exhibit a

charac,teristic of hazardous waste, and either:

Do- wh~e~de— not 

meet —

e—aali pie 

treatment

standards of 35 Ill. Adm. Code 728.Subpart D— e~

w~ePe—; or

~JjWhere no treatment standards have been established—T——

t~eaAR~a~~e~eva~~ ~es~d~esw~ehde Ret 

meet the

99—632

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

a~p14ea~epPeh+b+t+eR

1eve~s ~n ~ ~ Adai~Gede

~28~5E~bpaPtG~—: Such residues are prohibited from

land disposal under 35 Ill. Adm. Code 728.132 or

728.139; or such residues are prohibited from land

disposal under 35 Ill. Adm. Code 728.133(f).

c)  For off—site facilities, the waste analysis plan required in

subsection (b) must also specify the procedures which will be used to

inspect and, if necessary, analyze each movement of hazardous waste

received at the facility to ensure that it matches the identity of

the waste

designated on the accompanying manifest or shipping

paper. At a minimum, the plan must describe:

1)  The procedures which will be used to determine the identity of

each movement of waste managed at the facility; and

2) The sampling method which will be used to obtain a

representative sample of the waste to be identified, if the

identification method includes sampling.

(Source: Amended at 13 Ill. Reg.   

effective

SUBPART E: MANIFEST SYSTEM, RECORDKEEPING AND REPORTING

Section 725.173  Operating Record

a) The owner or operator shall keep a written operating record at the

facility.

b) Tue fol lowing information rust be recorded as it becomes available

and maintained in the operating record until closure of

the facility.

1)  A description and the quantity of each hazardous waste received

and the method or methods and date or dates of its treatment,

storage or disposal at the facility as required by Appendix A;

2) The location of each hazardous waste within the facility and the

quantity at each location. For disposal facilities the location

and quantity of each hazardous waste must be recorded on a map

or diagram of each cell or disposal area. For all facilities

this inform.ation must include cross-references to specific

manifest document numbers if the

waste was accompanied by a

mani fest;

BOARD NOTE: See Sections 725.219, 725.379 and 725.409 for

rel ated requirements.

3) Records and results of waste analysis and trial tests performed

99— 633

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

as specified in Sections 725.113, 725.293, 725.325, 725.352,

725.373, 725.414, 725.441, 725.475 and 725.502, and 35 111. Adm.

Code 728.104(a) and 728.107;

4)  Sumary reports and details of all incidents that require

implementing the contingency plan as specified in Section

725.156(j);

5) Records and results of inspections as required by Sections

725.115(d) (except these data need be kept only three years);

6) Monitoring, testing or analytical 

data where required by

Sections 725.190, 725.194, 725.291, 725.293, 725.295, 725.376,

725.378, 725.380(d)(1), 725.447 and 725.477;

BOARD NOTE: As required by Section 

725.194,

monitoring data at

disposal facilities must be kept throughout the post—closure

pen od.

7) All closure cost estimates under Section 725.242 and, for

disposal facilities, all post—closure cost estimates under

Section 725.244;

8) Records of the quantities (and date of placement) for each

shipment of hazardous waste placed in land disposal units under

an extension of the effective date of any land disposal

restriction granted pursuant to 

Ill. Adm. Code 

728.105,

—e~

—a petition pursuant to 35 Ill. Adm. Code 

406T~728~’°6

or a

certification under 35 Ill. Adm._Code 728.108,

and

the

appi

icable 

notice required of a generator

under 35 

Ill .

Adm.

Code 728.1O7(a)—~3~—;

9) For an off—site treatment facility, a copy of the notice, and

the certification and demonstration, if applicable, required of

—a—the generator or the owner or operator under 35 Ill. Adm.

Code 728.1O7—4a44~—or 

728.108

10) For an on—site treatment facility, the information contained in

the notice (except the manifest number), and the certification

and demonstration, if applicable, required of —a—the generator

or the owne.r or operator 

under 35

Ill. Adm. Code 728.1O7—(a~c~)T

exee~t~

the BaA+cest R~FHbep— or 728.108

11) For an off—site land disposal facility, a copy of the notice—aRd

de~eAs~Fat4eR—,and the certification and demonstration, if

applicable, required of the generator or the owner or operator

of a tredtment facility under 35 Ill. Adm. Code 728.1O7-b4~4

aRd 42~Te~a ee~y~ the Retl-ee aRd eePt~4eat4eA Feq~+Fedec

99— ~34

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

the geRecateP ~Rdec3~I4~TAdi~~Gede ~289a~2~— or 728. 108,

whichever is applicable; and

12) For an on—site land disposal facility, the information contained

in the notice required of the generator or owner or operator of

a treatment facility under 35 Ill. Adm. Code 728.1O7—4a42~-,

except for the manifest number, —ec the 3RfeFR~at+eA eeA~a~Aed+A

the Ret+ee ceq~4ced e~the tceatec 

~RdeP 

3~14h Ad~~Gede

~284b1~~  

except fec the ~an+fest~   

and the

certification and demonstration, if applicable, required under

35 Ill. Adm. Code 728.108, whichever is applicable.

J~fl For an off-site storage facility, a copy of the notice, and the

certification and demonstration if applicable, required of the

generator or the owner or operator under 35 Ill. Adm. Code

728.107 or 728.108; and,

~jj For an on—site storage facility, the information contained in

the notice (except the manifest number), and the certification

arid demonstration if applicable, required of the generator or

the owner or operator under 35 Ill. Adm. Code 728.107 or

728. 108.

(Source: Amended at 13 Ill. Reg.   

effective

SUBPART G: CLOSURE AND POST—CLOSURE

Section 725.212  Closure Plan; Amendment of Plan

a)  Wr-i 

tten p1011.

The o,tner or operator of -a  hazardous waste :Ien.uguuent

facility shall have a written closure plan. 

Until final closure

is

completed and certified in accordance with Section 725.215, a copy of

the most current plan must be furnished to the Agency upon request

including request by mail. In addition, for facilities without

approved plans, it must also be provided during site inspections on

the day of inspection to any officer, employee or representative of

the Agency.

b) Content of plan. The plan must identify the steps necessary to

perform partial —aRd~—or final closure of the facility at any point

during its activ.e life. The closure plan must include, at least:

1) A description of how each hazardous waste management unit at the

facility will be closed in accordance with Section 725.211; and

2) A description of how final closure of the facility will be

conducted in accordance with Section 725.211. The description

must identify the maximum extent of the operation which will be

99—635

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

unclosed during the active life of the facility and

3) An estimate of the maximum inventory of hazardous wastes ever

on—site over the active life of the facility and a detailed

description of the methods to be used during partial and final

closure, including, but not limited to methods for removing,

transporting, treating, storing or disposing of all hazardous

waste, and identification of and the type(s) of off-site

hazardous waste management unit(s) to be used, if applicable;

and

4) A detailed description of the steps needed to remove or

decontaminate all hazardous waste residues and contaminated

containment system components, equipment, structures and soils

during partial and final closure including, but not limited to,

procedures for cleaning equipment and removing contaminated

soils, methods for sampling and testing surrounding soils and

criteria for determining the extent of decontamination necessary

to satisfy the closure performance standard; and

5) A detailed description of other activities necessary during the

partial and final closure period to ensure that all partial

closures and final closure satisfy the closure 

performance

standards, including, but not limited to, groundwater

monitoring, leachate collection, and run-on and run-off control;

and

6) A schedule for closure of each hazardous waste management unit

and for final closure of the facility.

The schedule mist

include, at a rninimuu, the total time requi red to close

each

hazardous waste management unit and the time required for

intervening closure activities which will allow tracking of the

progress of partial and final closure. (For example, in the

case of a landfill unit, estimates of the time required to treat

or dispose of all hazardous waste inventory and of the time

required to place a final cover must be included; and

7) An estimate of the expected year of final closure for facilities

that use trust funds to demonstrate financial assurance under

Sections 725.243 or 725.245 and whose remaining operating life

is less tha.n twenty years, and for facilities without approved

closure plans.

c) Amendment of plan. The owner or operator may amend the closure plan

at any time prior to the notification of partial or final closure of

the facility. An owner or operator with an approved closure plan

shall submit a written request to the Agency to authorize a change to

the approved closure plan. The written request must include a copy

99-636

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

of the amended closure plan for approval by the Agency.

The owner or operator shall amend the closure plan, whenever:

changes in the operating plans or facility design affect

the closure plan, on

B) whenever there is a change in the expected year of closure

,if applicable, or

In conducting partial or final closure activities,

unexpected events require a modification of the closure

plan.

2) The owner or operator shall amend the closure plan at least 60

days prior to the proposed change in facility design or

operation, or no later than 60 days after an unexpected event

has occurred which has affected the closure plan. If an

unexpected event occurs during the partial or final closure

period, the owner or operator shall amend the closure plan no

later than 30 days after the unexpected event. These provisions

also apply to owners or operators of surface impoundments and

waste piles who intended to remove all hazardous wastes at

closure, but are required to close as landfills in accordance

with Section 

725.410.

3)  An owner or operator with an approved closure plan shall submit

the modified plan to the Agency at least 60 days prior to the

proposed change in facility design or operation, or no more than

60 days after an unexpected event has occurred which has

affected the

closure plan. If an unexpected event has occurred

during the partial or final closure period, the owner or

operator shall submit the modified plan no more than 30 days

after the unexpected event. These provisions also apply to

owners or operators of surface impoundments and waste piles who

intended to remove all hazardous wastes at closure but are

required to close as landfills in accordance with Section

725.410. If the amendment to the plan is a —ma~e~—Class2 or 3

modification according to the criteria in 35 Ill. Adm. Code

~G2rl-S3~792r1~9~aRd ~O2~~8~—703.28O,the modification to the

plan —w44—.shall be approved according to the procedures in

subsection (d)(4)

4)  The Agency may request modifications to the plan under the

conditions described in subsection (c)(1). An owner or operator

with an approved closure plan shall submit the modified plan

within 60 days of the request from the Agency, or within 30 days

if the unexpected event occurs during partial or final

99—637

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE

OF PROPOSED AMENDMENTS

closure. If the amendment is considered a —~a~ec—Class2 or 3

modification according to the criteria in 35 Ill. Adm. Code

—7G2~1~83~

~92’484T ~Q2~8~ 

aRd

~O2~48Z_7O3.28O,the modification

to the plan —w~1-—shall be approved in accordance with the

procedures in subsection (d)(4)

d) Notification of partial closure and final closure.

1)  The owner on operator shall submit the closure plan to the

Agency at least 180 days prior to the date on which the owner or

operator expects to begin closureof the first surface

impoundment, waste pile, land treatment or landfill unit, or

final closure of a facility with such a unit. The owner or

operator shall submit the closure plan to the Agency at least 45

days prior to the date on which the owner or operator expects to

begin final closure of a facility with only tanks, container

storage or incinerator units. Owners or operators with approved

closure plans shall notify the Agency in writing at least 60

days prior to the date on which the owner or operator expects to

begin closure of a surface impoundment, waste pile, landfill or

land treatment unit, or final closure of a facility involving

such a unit. Owners and operators with approved closure plans

shall notify the Agency in writing at least 45 days prior to the

date on which the owner or operator expects to begin final

closure of a facility with only tanks, container storage or

incinerator units.

2)  The date when the owner or operator ‘expects to begin closure”

must be either within 30 days after the date on which any

hazardous waste management unit receives the known final volume

of hazardous wastes or, if there is a reasonable possibility

that the hazardous waste management unit will receive additional

hazardous wastes, no later than one year after the date on which

the unit received the most recent volume of hazardous waste. If

the owner or operator of a hazardous waste management unit

demonstrates to the Agency that the hazardous waste management

unit or facility has the capacity to receive additional

hazardous wastes and that the owner or operator has taken and

will continue to take, all steps to prevent threats to human

health and the environment, including compliance with all

interim sta.tus requirements, the Agency shall approve an

extension to this one-year limit.

3) The owner or operator shall submit the closure plan to the

Agency no later than 15 days after:

A) Termination of interim status (except when a permit is

issued to the facility simultaneously with termination of

99—638

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

interim status); or

Issuance of a judicial decreeor Board order to cease

receiving hazardous wastes or close.

4)  The Agency shall provide the owner or operator and the public,

through a newspaper notice, the opportunity to submit written

comments on the plan and request modifications of the plan no

later than 30 days from the date of the notice. The Agency

shall also, in response to a request or at its own discretion,

hold a public hearing whenever such a hearing might clarify one

or more issues concerning a closure plan. The Agency shall give

public notice of the hearing at least 30 days before it

occurs. (Public notice of the hearing may be given at the same

time as notice of the opportunity for the public to submit

written comments and the two notices may be combined.) The

Agency shall approve, modify or disapprove the plan within 90

days of its receipt. If the Agency does not approve the plan,

the Agency shall provide the owner or operator with a detailed

written statement of reasons for the refusal, and the owner or

operator shall modify the plan

or submit a new plan for approval

within 30 days after receiving such written statement. The

Agency shall approve or modify this plan in writing within 60

days. If the Agency modifies the plan, this modified plan

becomes the approved closure plan. The Agency shall assure that

the approved plan is consistent with Sections 725.211 through

725.215 and the applicable requirements of Sections 725.190 et

seq., 725.297, 725.328, 725.358, 725.380, 725.410, 725.451,

725.481 and 725.504. A copy of this modified plan with a

detailed statement of reasons for the modifications must be

mailed to the 

owner

or operator.

e)  Removal of wastes and decontamination or dismantling of equipment.

Nothing in this Section —shal4 —precludes the owner or operator from

removing hazardous wastes and decontaminating or dismantling

equipment in accordance with the approved partial or final closure

plan at any time before or after notification of partial or final

closure.

(Source: Amended at 13 Ill. Reg.   

effective         

)

Section 725.214  Disposal or Decontamination of Equipment,

Structures and Soils

During the partial and final closure periods, all contaminated equipment,

structures and soil—s— must be properly disposed of, or decontaminated-i—

unless specified otherwise -in Sections 725.297, 725.328, 725.358, 725.380 or

725.410. By removing all hazardous wastes or hazardous constituents during

99—E39

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

partial and final closure, the owner or operator may become a generator of

hazardous waste and shall handle that hazardous waste in accordance with all

applicable requirements of 35 Ill. Adm. Code 722.

(Source: Amended at 13 111. Reg.   

effective         

)

Section 725.218  Post—closure Plan; ,~mendmentof Plan

a)  Written Plan. The owner or operator of a hazardous waste disposal

unit shall have a written post—closure plan. An owner or operator of

a surface impoundment or waste pile that intends to remove all

hazardous wastes at closure shall prepare a post—closure plan and

submit it to the Agency within 90 days after the date that the owner

on operator or Agency determines that the hazardous waste management

unit or facility must be closed as a landfill, subject to the

requirements of Sections 725.217 through 725.220.

b)  Until final closure of the facility, a copy of the most current post-

closure plan must be furnished to the Agency upon request, including

request by mail. In addition, for facilities without approved post-

closure plans, it must also be provided during site inspections, on

the day of inspection, to any officer, employee or representative of

the Agency. After final closure has been certified, the person or

office specified in subsection (c)(3) shall keep the approved post—

closure plan during the post-closure period.

c)  For each hazardous waste management unit subject to the requirements

of this Section, the post-closure plan must identify the activities

which will be carried on after closure of each disposal unit and the

frequency of these activities and include

at

least:

1) A description of the planned monitoring activities and

frequencies at which they will be performed to comply with

Subparts F, K, L, tl and N during tha post-closure period;

2)  A description of the planned maintenance activities and

frequencies at which they will be performed to ensure:

A)  The integrity of the cap and final cover or other

containment systems in accordance with the requirements of

Subpar~tsK, L, M and N; and

B) The functi

on of the moni tori rig equipment 

accordance 

with

the requirements of Subparts F, K, L, M and N; and

3) The name, address and phone number of the person or office to

contact about the hazardous waste disposal unit or facility

during the post-closure care period.

99— 

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

d)  Amendment of plan. The owner or operator may amend the post-closure

plan at any time during the active life of the facility or during the

post-closure care period. An owner or operator with an approved

post-closure plan shall submit a written request to the Agency to

authorize a change to the approved plan. The written request must

include a copy of the amended post—closure plan for approval by the

Agency.

1)  The owner or operator shall amend the post—closure plan

whenever:

A)

Changes in

operating plans or facility design affect the

post—closure plan; or

B) Events occur during the

active life of the facility,

including partial and final closures, which affect the

post-closure plan.

2)  The owner or operator shall amend 

the post—closure plan at least

60 days prior

to the proposed changes in facility design or

operation, or no later than 60 days after an unexpected event

has occurred which has affected the post—closure plan.

3) An owner or operator with an approved post—closure plan shall

submit

the

modified plan to the Agency at least 60 days prior to

the proposed change in facility design or operation, or no more

than 60 days after an unexpected event has occurred which has

affected the

post—closure plan. If an owner or operator of a

surface impoundment or a waste pile who intended to remove all

hazardous wastes at closure in accordance

with 

Sections

725.328(b) or 725.358(a) is required to close as a landfill in

accordance

with 

Section 725.410, the owner or operator shall

submit a post—closure plan within

90 days after the

determination by the owner or operator or Agency that the unit

must be closed as a landfill. If the amendment to the post—

closure plan is a —~a~ec-Class2 or 3 

modification according

to

the criteria in 35 Ill. Adm. Code —~Q2r~B3;7-92~l~84-7@2r~5aRd

~G2r~8~7O3.28O,the modification to the plan —sha~4—mnust be

approved according to the procedures in su—s—bsection (f).

4) The Agency may request modifications to the plan under the

conditions described

in

above subsection

(d)(i). An owner or

operator with an approved post—closure plan shall submit the

modified plan no later than

60 days after the 

request from the

Agency. If the amendment to the plan is considered a —~a~ec—

Class 2 or 3 modification according to the criteria 

35 111.

Adm. Code —~8~ ~92~-i~84~~Q2~18~a~d Q248~—7O3.28O the

641

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

modifications to the post—closure plan —sha~—mustbe approved

in accordance with the procedures in subsection (f). If the

Agency determines that an owner or operator of a surface

impoundment or waste pile who intended to remove all hazardous

wastes at closure shall close the facility as a landfill, the

owner or operator shall submit a post—closure plan for approval

to the Agency within 90 days after the determination.

e) The owner or operator of a facility with hazardous waste management

units subject to these requirements shall submit the post-closure

plan to the Agency at least 180 days before the date the owner or

operator expects to begin partial or final closure of the first

hazardous waste disposal unit. The date when the owner or operator

“expects to begin closure” of the first hazardous waste disposal unit

must be either within 30 days after the date on which the hazardous

waste management unit receives the known final volume of hazardous

waste or, if there is a reasonable possibility that the hazardous

waste management unit will receive additional hazardous wastes, no

later than one year after the date on which the unit received the

most recent volume of hazardous wastes. The owner or operator shall

submit the closure plan to the Agency no later than 15 days after:

1)  Termination of interim status (except when a permit is issued to

the facility simultaneously with termination of interim status);

on

2)  Issuance of a judicial decree or Board order to cease receiving

wastes or close.

f)  Procedures.

1)  Except as provided in subsection (f)(2), the Agency shall

provide the owner or operator and the public through a newspaper

notice the opportunity to submit written comments on the post—

closure plan and request modifications to the plan, no later

than 30 days after the date of the notice. The Agency may also,

in response to a request or at its own discretion, hold a public

hearing whenever such a hearing might clarify one or more issues

concerning the post—closure plan. The Agency shall give public

notice of the hearing at least 30 days before it occurs.

(Public notice of the hearing may be given at the same time as

notice of the opportunity for written public comments and the

two

notices may be combined.) The Agency shall approve,

modify

or disapprove the plan within 90 days of its receipt. If the

Agency determines not to approve the plan, the Agency shall

provide the owner or operator with a detailed statement of

reasons for the refusal and the owner or operator shall modify

the plan or submit a new plan for approval within 30 days after

99—64 2

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTiCE OF PROPOSED AMENDMENTS

receiving such written statements. The Agency shall approve or

modify this plan in writing within 60 days. If the Agency

modifies the plan, this modified plan becomes the approved post—

closure plan. Any final Agency determination shall ensure that

the approved post-closure plan is consistent with Sections

725.217 through 725.220. A copy of this modified plan with a

detailed statement of reasons for the modifications —shafl—must

be mailed to the owner or operator.

2) The Agency

shall not provide notice or the opportunity for

public cornent if, in a prior proceeding, the Board has ordered

the modifications

to the plan.

g)  The post-closure plan and length of the post—closure period may be

modified at any time prior to the end of the post-closure care period

in either of the following two ways:

1)  The owner or operator on any member of the public may petition

to extend or reduce the post—closure care period appl icable to a

hazardous waste management unit or facility based on cause, or

alter the requirements of the post—closure cane period based on

cause.

A) The petition must include evidence demonstrating that:

i)  The secure nature of the hazardous waste management

unit or facility makes the post-closure care

requirement(s) unnecessary or supports reduction of

the post-closure care period specified in the current

post—closure plan (e.g., leachate or groundwater

monitoring results, characteristics of the waste,

application of advanced technology or alternative

disposal , treatment

or re—use techniques indicate that

the facility is secure), or

ii) The requested extension in the post—closure care

period or alteration of post-closure care requirements

is necessary to prevent threats to human health and

the environment. (e.g., leachate or

groundwater

monitoring results indicate a potential for migration

of hazardous wastes at levels which may be harmful to

human health and the environment).

B) These petitions —wfl.~—must

be considered only when they

present new and relevant information not previously

con si dered.

i)  Except as provided in subsection (g)(1)(B)(ii),

99—643

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

whenever the Agency is considering a petition, it

shall provide the owner or operator and the public,

through a newspaper notice, the opportunity to submit

written connients within 30 days of the date of the

notice. The Agency shall also, in response to a

request or at its own discretion, hold a public

hearing whenever a hearing might clarify one or more

issues concerning the post—closure plan. The Agency

shall give the public notice of the hearing at least

30 days before it occurs. (Public notice of the

hearing may be given at the same time as notice of the

opportunity for written public coninents 

and

the

two

notices may be combined.) After considering the

corrjnents, the Agency shall issue a final

determination, based upon the criteria set forth in

subsection(g)(1).

ii) The Agency shall not provide notice or the opportunity

for public connent if, in a prior proceeding, the

Board has ordered the modifications to the plan.

C)  If the Agency denies the petition, it shall send the

petitioner a brief written response giving a reason for the

denial.

2) The Agency shall tentatively decide to modify the post-closure

plan if the Agency determines that it is necessary to prevent

threats to human health and the environment. The Agency may

propose to extend on reduce the post—closure care period

applicable to a hazardous waste management unit or facility

based on cause or alter the 

requirements of the

post-closure

care period based on cause.

A) The Agency shall provide the owner or operator and the

affected public, through a newspaper notice, the

opportunity to submit written cornents within 30 days of

the date of the notice and the opportunity for a public

hearing as in subsection (g)(1)(B). After considering the

cornents, the Agency shall issue a final determination.

B) The Ag.ency shall base its final determination upon the same

criteria as required for petitions under subsection

(g)(1)(A). A modification of 

the

post—closure plan may

include, ~ihereappropriate, the temporary suspension rather

than permanent deletion of one or more post—closure care

requirements. At the end of the specified period of

suspension, the Agency would then determine whether the

requirement(s) should be permanently discontinued or

99— 644

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

reinstated to prevent threats to 

human health and the

env i roninent.

h)  The Agency procedures described in Sections 725.212 through 725.219

are in the nature of permit amendments. Amendment of refusal to

amend tne plan is a permit denial for purposes of appeal pursuant to

35 Ill. Adm. Code 105. The Agency shall 

not amend permits in such a

manner so that the permit would not conform with Board regulations.

i )    If any person seeks a closure or post-closure care 

plan which

would

not conform with Board regulations, such person shall file a site—

specific rulemaking petition pursuant to 35 Ill. Mm. Code 102 or a

variance petition pursuant to 35 Ill. Adm. Code 104.

(Source: Amended at 13 Ill. Reg.   

effective

SUBPART H: FINANCIAL REQUiREMENTS

Section 725.241  Definitions of Terms as Used in this Subpart

a)  “Closure plan” means the plan for closure prepared in accordance with

the requirements of Section 725.212.

b)  “Current closure cost estimate” means the most recent of the

estimates prepared in accordance with Sections 725.242(a), (b) and

(c).

c)  “Current post—closure cost estimate” means the most recent of the

estimates prepared in accordance with Sections 725.244(a), (b) and

(c).

d)  “Parent corporation” means a corporation which directly owns at least

50 percent of the voting stock of the corporation which is the

facility owner or operator; the latter corporation is deemed a

“subsidiary” of the parent corporation.

e)  “Post-closure plan” means the plan for post—closure care prepared in

accordance with the requirements of Sections 725.217 through 725. 220.

f)  The following terms are used in the specifications for the financial

tests for closure, post—closure care and liability coverage. The

definitions are intended to assist in the understanding of these

regulations and are not intended to limit the meanings of terms in a

way that conflicts with generally accepted accounting practices.

“Assets” mean all existing and all probable future economic

benefits obtained or controlled by a particular entity.

99—645

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

“Current assets” mean cash or other assets or resources cornonly

identified as those which are reasonably expected to be realized

in cash or sold or consumed during the normal operating cycle of

the business.

“Current liabilities” means obligations whose liquidation is

reasonably expected to require the use of existing resources

properly classifiable as current assets or the creation of other

current liabilities.

“Current plugging and abandonment cost estimate” means the most

recent of the estimates prepared in accordance with 35 Ill. Adm.

Code 704.212(a), (b) and Cc).

“Independently audited” refers to an audit performed by an

independent certified public accountant in accordance with

generally accepted auditing standards.

“Liabilities” means probable future sacrifices of economic

benefits arising from present obligations to transfer assets or

provide services to other entities in the future as a result of

past transactions or events.

“Net working capital” means current assets minus current

liabilities.

“Net worth” means total assets minus total liabilities and is

equivalent to owner’s equity.

“Tangible

net worth” means the tangible assets that remain after

deducting liabilities; such assets would not include intangibles

such as goodwill and rights to patents or royalties.

g)  In the liability insurance requirements the terms “bodily injury” 

and

“property damage” —sha~.4 —have the meanings given —these te~sby

app~4eab4eState 1~aw~HeweYeF~these te~~sdo Ret 4ne4~dethese

~ab4~t~es wh4~eh~eens4steRt 

with staAda~d~RdE~stFyp~aet~ee~a~e

e~eR~ded~ eevepa~e +R ~ab~~ty ~e~+e+es~ bed4ly +RJ~Fy aRd

p~epe~tydan~age-below. The Board intends the meanings of other terms

used in the liability insurance requirements to be consistent with

their common meanings within the insurance industry. The definitions

given below 

of several of the terms are intended to assist in the

understanding of these regulations

and

are not intendcd

to lii~i~

their meanings in a way that conflicts

with general insurance

industry usage.

“Accidental occurrence” means an accident including continuous

or repeated exposure to conditions, which results in bodily

99—646

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

injury or property damage neither expected nor intended from the

standpoint of the insured.

“Bodily injury” means bodily injury, sickness or disease

sustained by a person, including death resulting from any of

these at any 

time. However,

this term does not include those

liabilities which, consistent with standard insurance industry

practices, are excluded from coverage in liability insurance

policies for bodily injury.

BOARD NOTE:

Derived from 40 CFR 264.141 (1988), as amended at

53 Fed. Reg. 33950, September 1, 1988, modified to insert the

Insurance Services Office definition.

“Environmental damage” means the injurious presence in or upon

land, the atmosphere or any watercourse or body of water of

solid, liquid, gaseous or thermal contaminants, irritants or

poll utants.

BOARD NOTE: This term is used in

the definition of “pollution

incident”.

“Legal defense costs” means any expenses that an insurer incurs

in defending against claims of third parties brought under the

terms and conditions of

an insurance policy.

“Nonsudden accidental occurrence” means an occurrence which

takes place over time and involves continuous or repeated

exposure.

“Pollution incident” means emission, discharge, release or

escape of pollutants into or upon land, the atmosphere or any

watercourse or body of water, provided that such emission,

discharge, release or escape results in “environmental

daniage”. The entirety of any such emission, discharge, release

or escape shall be deemed to be one “pollution incident”.

“Pollutants” means any solid, liquid, gaseous or thermal

irritant or contaminant, including smoke, vapor, soot, fumes,

acids, alkalis, chemicals and waste. “Waste” includes materials

to be recycled, reconditioned or reclaimed. The term “pollution

incident” includes an “occurrence”.

BOARD NOTE: This definition is used in the definition of

“property damage.

“Property damage” means

Physical injury to, destruction of or contamination of

99—647

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

tangible property, including all resulting loss of use of

that property; or

Loss of use of tangible property that is not physically

injured, destroyed on contaminated, 

r~ut 

has been evacuated,

withdrawn from use on rendered inaccessible because of a

“pollution incident”.

This term does not include those liabilities which, consistent

with standard insurance industry practices, are excluded from

coverage in liability insurance policies for property damage.

BOARD NOTE: Derived from 40 CFR 264.141 (1988), as amended at

Fed. Reg. 

33950,

September 1, 1988, modified to insert the

Insurance Services Office definition.

“Sudden accidental occurrence” means an occurrence which is not

continuous or repeated in nature.

~j “Substantial business relationship” means that one business entity

has an ownership interest in another.

(Source: Amended at 13 111. Reg.   

effective         

)

Section 725.247  Liability Requirements

a)  Coverage for sudden accidental occurrences. An owner or operator of

a hazardous waste treatment, storage or disposal facility, or a group

of such facilities, shall demonstrate financial responsibility for

bodily injury and property damage to third parties caused by sudden

accidental occurrences

arising from operations of the facility or

group of facilities. The owner or operator shall have and maintain

liability coverage for sudden accidental occurrences in the amount of

at least $1 million per occurrence with an annual aggregate of at

least $2 million, exclusive of legal defense costs. This liability

coverage may be demonstrated —4A e~eof three ways~—as specified in

subsections (a)(1), (a)(2)~—aRd— (a)(3), (a)(4), (a)(5) and (a)(6):

1)  An owner on operator may demonstrate the required liability

coverage by having liability insurance as specified in this

paragraph.

Each insurance pol icy must be amended by 

attachnient

of the

Hazardous Waste Facility Liability Endorsement or evidenced

by a Certificate of Liability Insurance. The wording of

the endorsement must be as specified in 35 Ill. Adm. Code

724.251. The wording of the certificate of insurance must

be as specified in 35 111. Adm. Code 724.251. The owner or

99—648

ILLINOIS REGISTER

POLLUTiON CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

operator shall submit a signed duplicate original of the

endorsement or the certificate of insurance to the

Agency. If requested by the

Agency, the owner or operator

shall provide a signed duplicate original of

the

insurance

pol icy.

B) Each insurance policy must be issued by an insurer which—s

at a  

R+R~HT +5

I~eeRsed to tFaAsaet the b~s4Ressof

+Rs~FaAee~OF 

e~g~b4~eto ~Fov~-de4Rs~faReeas a~exeess e~

s~~4~s~+~es+Rs~FeF~+A ORe e,~~e~estates— is licensed

by the Illinois Department of Insurance.

2) An owner or operator may meet the requirements of this Section

by passing a financial test or 

using the —ee~pe~ate—guarantee

for liability coverage as specified in subsection—s ~ aRd—

(g).

An owner or operator may meet the requirements of this Section

j~yobtaining a letter of credit

for liability coverage as

specified in subsection (h).

4) An owner or operator

may meet the requirements of this Section

bj’ obtaining a surety bond

for liability coverage as specified

in subsection (i).

5)  An owner or operator may meet the requirements of this Section

by obtainin9 a

trust fund for liability coverage as specified in

subsection (j).

6)

An owner or operator may demonstrate the required liability

coverage through the use of 

—the—combinations of insurance,

financial test, —4Rs~aRee~the

eeFpeFate 

—guarantee, -a

?o~b4Rat4eAef the f4RaRe~a~test aRd R~RS~1P~A?~e~a ee~b4Aat4eR

of the eeF~eFate~aFaAtee aRd +Rs~FaRee-letter of credit,

surety bond and trust

fund, 

except that the

owner or operator

may not combinea financial test covering part of the liability

coverage requirement with a guarantee unless the financial

statement of the owner or operator is not consolidated with the

financial statement of the guarantor. The amounts of coverage

demonstrated must total at least the minimum amounts required by

this —subs—Section. If the owner or 

operator demonstrates the

required coverage through the use of a combination of financial

assurances under this subsection, the owner or operator shall

~pecifyat least one such assurance as “primary” coverage, and

shall specify other such assurance as 11excess” coverage.

7) An owner or operator shall notify the Agency within 30 days~

99—649

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

~J Whenever a claim for bodily injury or property damage

caused by the operation of a hazardous waste treatment,

storage or disposal facility is made against the own~Eor

operator or an instrument providing financial assurance for

liability coverage under this Section; or

Whenever the amount of financial assurance for liabilj~~

coverage under this Section provided by a financial

instrument authorized by subsections (a)(1) through (a)(~j

is reduced.

b)  Coverage for nonsudden accidental occurrences. An owner or operator

of a surface impoundment, landfill or land treatment facility which

is used to manage hazardous waste, or a group of such facilities,

shall demonstrate financial responsibility for bodily injury and

property damage to third parties caused by nonsudden accidental

occurrences arising from operations of the facility or group of

facilities. The owner on operator shall have and maintain liability

coverage for nonsudden accidental occurrences in the amount of at

least $3 million per occurrence with an annual aggregate of at least

$6 million, exclusive of legal defense costs. An owner or operator

meeting the requirements of this Section may combine the required

~~~occurrence coverage levels for sudden and nonsudden accidental

occurrences into a single per—occurrence level, and combine the

annual aggregate coverage levels for sudden and nonsudden

accidental occurrences into a single annual aggregate level 

Owners

~~~rators who combine coverage levels for sudden and nonsucjden

accidental occurrences shall maintain liability coverage in tF~

~j~untof at least $4 million per ocurnence and $8 million anri~ial

te. This liability coverage may be demonstrated —4R o~~f

three ways~—as specified in subsections (b)(1), (b)(2), —a~

_(b)(3),(b)(4), (b)(5) and (b)(6):

1) An owner or operator may demonstrate the required liability

coverage by having liability insurance as specified in this

paragraph.

A) Each insurance policy must be amended by attachment of the

Hazardous Waste Facility Liability Endorsement or evidence

by a Certificate of Liability Insurance. The wording of

the endorsement must be as specified in 35 ill. Adm. Code

724.251. The wording of the certificate of insurance must

be as specified in 35 III. Adm. 

Code 724.251. ~

owner or

operator shall submit a signed duplicate original of the

endorsement

or the certificate of insurance to the

Agency. If requested by the Agency, the owner or operator

shall provide a signed duplicate original of the insurance

policy.

99—650

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

B)  Eachat

insuranceR+~ffi;4spolicy~4eeRsedmust

tobe tFaAsaetissued

bythean

~s4pessinsurer

which—of  

1

OF e~~4~eto ~Fe’~”fde~s~pa~eeas a~exeess oF

s~P~~s44~es+AS~F~F+R OR~ OF ~ie~estatesr— is licensed

by the Illinois Department of Insurance.

2)  An owner or operator may meet the requirements of this Section

by passing a financial test or using the —eoPpeFate

—guarantee

for liability coverage as specified in subsections (f) and (g).

~j An owner or operator 

may meet

the requirements of this Section

by obtaining a letter of credit for liability coverage as

specified in sub_section (h).

~j An owner or operator may meet the requirements of this Section

by obtaining a

surety bond for liability coverage as specified

in subsection (i).

~J An owner 

operator may meet the requirements of this Section

by obtainin9 a trust fund for liability coverage as specified in

subsection

(j~.

An owner or operator may demonstrate the required liability

coverage through the use of —the—combinations of insurance,

financial test, —4Rs~FaReeTthe eeF~eFate-guarantee, —a

esFR~+Rat+eRof the f4RaRe*a~test aRd 4Rs~caRee e~a

eeR~+Aat+en

of the ee~~eFate~aFaRtee aRd +RS&POR6e—letter of credit,

surety bond and trust fund, except that the 

owner or operator

~Lnot combine a financial test covering part of the liability

coverage requirement with a guarantee

unless the 

financial

statement of the owner or operator 

is not consolidated with the

financial statement of the guarantor. The amounts of coverage

demonstrated must total at least the minimum amounts

required by

this —s~s—Section. If the owner or operator demonstrates the

required 

coverage through the use of a combination of financial

assurances under this

subsection, the owner or operator shall

specify at least one such assurance as “primary~ coverage, and

shall specify other such assurance as “excess” coverage.

7) An owner or

operator shall notify the Agency within 30 days:

Whenever a claim for bodily injury or property damage

caused by the operation of a hazardous waste treatment,

storage or disposal facility is made against the owner or

operator or an instrument providing financial assurance for

liability coverage under this Section; or

99—651

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

!~i

Whenever the amount of financial assurance for liabiliti

coverage under this Section provided by a financial

instrument authorized by subsections (a)(1) through (a)j~J

is reduced.

c) Request for adjusted level of required liability coverage, if an

owner or operator demonstrates to the Agency that the levels of

financial responsibility required by subsections (a) or (b) are not

consistent with the degree and duration of risk associated with

treatment, storage or disposal at the facility or group of

facilities, the owner or operator may obtain an adjusted level of

required liability coverage from the Agency. The request for an

adjusted level of required liability coverage must be submitted in

writing to the Agency. if granted, the Agency’s action —w*14-shall

take the form of an adjusted level of required liability coverage,

such level to be based on the Agency assessment of the degree and

duration of risk associated with the ownership or operation of the

facility or group of facilities. The Agency may require an owner on

operator who requests an adjusted level of required liability

coverage to provide such technical and engineering information as is

necessary to determine a level of financial responsibility other than

that required by subsection (a) or (b). The Agency shall process any

request for an adjusted level of required liability coverage as if it

were a permit modification request under 35 Ill. Adm. Code

7O2.184(e)(3) and 705.128. Notwithstanding any other provision, the

Agency shall hold a public hearing whenever it finds, on the basis of

requests, a significant degree of public interest in a tentative

decision to grant an adjusted level of required liability

insurance. The Agency may also hold a public hearing at its

discretion whenever such a hearing might clarify one or more issues

involved in the tentative decision.

d) Adjustments by the Agency. If the Agency determines that the levels

of financial responsibility required by subsection (a) or (b) are not

consistent with the degree and duration of risk associated with

treatment, storage or disposal at the facility or group of

facilities, the Agency shall adjust the level of financial

responsibility required under subsection (a) or (b) as may be

necessary to protect human health and the environment. This adjusted

level -shal.l-—must be based on the Agency’s assessment of the degree

and duration of risk associated with the ownership or operation of

the facility or group of facilities.

In addition,

if the Agency

determines that there is a significant risk to human

health and the

environment from nonsudden accidental occurrences resulting from the

operations of a facility that is not a surface impoundment, landfill

or land treatment facility, the Agency may require that an owner or

operator of the facility comply with subsection (b). An owner or

operator shall furnish to the Agency, within a time specified by the

99—652

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AfIENDMENTS

Agency in the request, which shall not be less than 30 days, any

information which 

the Agency requests to determine whether cause

exists for such adjustments of level or type of coverage. The Agency

shall process any request for an adjusted level of required liability

coverage as if it were a permit modification request under 35 Ill.

Adm. Code 7O2.184(e)(3) and 705.128. Notwithstanding any other

provision, the Agency shall hold a public hearing whenever it finds,

on the basis of requests, a significant degree of public interest in

a tentative decision to grant an adjusted level of required liability

insurance. The Agency

may also hold a public hearing at its

discretion whenever such a hearing might clarify one or more issues

involved in the tentative decision.

Period of coverage. Within 60 days after receiving certifications

from the owner or operator and an independent registered professional

engineer that final closure has been completed in accordance with the

approved closure plan, 

the Agency shall notify the owner or operator

in writing that the owner or operator is no longer required by this

Section to maintain liability coverage for that facility, unless the

Agency determines that closure has not been in accordance with the

approved closure plan.

f)  Financial test for liability coverage.

1)  An owner or operator may satisfy the requi rements of this

Section by demonstrating that the owner or operator passes a

financial test as specified in this paragraph. To pass this

test the owner or operator shall meet the criteria of subsection

(f)(1)(A) or (f)(1)(B):

A) The owner or operator shall have:

i)

Net

working capital and tangible net worth each at

least six times the 

amount of liability coverage to be

denonstrated by this test; and

ii) Tangible net worth of at least $10 million; and

iii) Assets in the United States amounting to either: at

least 90 percent of total assets;

or at least six

times the amount of liability coverage to be

demonstrated by this test.

B) The owner or operator shall have:

i)  A current rating for the owner or operator’s most

recent bond issuance of AAA, AA, A or BBB as issued by

Standard and Poor’s, or Aaa, Aa, A or Baa as issued by

9 9—653

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Moody’s; and

ii) Tangible net worth of at least $10 million; and

iii) Tangible not worth at least six times the amount of

liability coverage to be demonstrated by this test;

and

iv) Assets in the United States amounting to either: at

least 90 percent of total assets; or at least six

times the amount of liability coverage to be

demonstrated by this test.

2)  The phrase “amount of liability coverage” as used in subsection

(f)(1) refers to the annual aggregate amounts for which coverage

is required under subsections (a) and (b).

3) To demonstrate that the owner or operator meets this test, the

owner or operator shall submit the following three items to the

Agency:

A) A letter signed by the owner’s or operator’s chief

financial officer and worded as specified in 35 Ill. Adm.

Code 724.251. If an owner or operator is using the

financial test to demonstrate both assurance for closure or

post-closure care, as specified by 35 Ill. Adm. Code

724.243(f) and 724.245(f), or by Sections 725.243(e) and

725.245(e), and liability coverage, it shall submit the

letter specified in 35 Ill. Adm. Code 724.251 to cover bath

forms of financial responsibility; a separate letter as

specified in 35 Ill. Adm. Code 724.251 is not required.

B) A copy of the independent certified public accountant’s

report on examination of the owner’s or operator’s

financial statements for the latest completed fiscal year.

C) A special report from the owner’s or operator’s independent

certified public accountant to the owner or operator

stating that:

i)  The accountant has compared the data which the letter

from the chief financial officer snecifies as having

been derived from the 

iniependently audited, year-end

financial statements for the latest fiscal year with

the amounts in such financial statements; and

ii) In connection with that procedure, no matters came to

the accountant’s attention which caused the accountant

99—65

4

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

to believe that the specified data should be adjusted.

After the initial submission of items specified in subsection

(f)(3), the owner of operator shall send updated information to

the Agency within 90 days after the close of each succeeding

fiscal year. This information must consist of all three 

items

specified in subsection (f)(3).

6)  If the owner or operator no 

longer meets the requirements of

subsection (f)(1), the owner or 

operator shall obtain insurance

for the entire amount of required liability coverage as

specified in this Section. Evidence of insurance must be

submitted to the Agency within 90 days after the end of the

fiscal year for which the 

year—end financial data show that the

owner or operator no longer meets the test requirements.

7) The Agency may disallow use of this test on the basis of

qualifications in the opinion expressed by the independent

certified public accountant in the accountant’s report on

examination of the owner’s or operator’s financial statements

(see subsection (f)(3)(B)). An adverse opinion or a disclaimer

of opinion —w~~he—is cause for disallowance. The Agency shall

evaluate other qualifications on an individual basis. The owner

or operator shall provide evidence of insurance for the entire

amount of required liability coverage as specified in this

Section within 30 days after notification of disallowance.

g)  —Ge~~e~ate§—Guarantee for liability coverage.

1)  Subject to subsection (g)(2), an owner or operator may meet the

requirements of this Section by obtaining a written guarantee,

referred to as a “—?eFpeFate —guarantee.” The guarantor —~st—

shall be the ~     

her—tier 

parent corporation of the

owner or operator, a firm whose parent. co~poration is al so the

parent corporation of the owne~ 

rator, or a firm with a

“substantial business relationship’ with the owner or

operator. The guarantor —~st—shall meet the requirements for

owners and operators in subsections (f)(1) through (f)(—~—6).

The

wording of the 

—eeF~eFate—guarantee must be

as specified in

—See~eR—35Ill. Adm. Code 724.251. A certified copy of the

—eeF~eFate—guarantee must accompany the items sent to the

Agency as specified in subsection (f)(3). One of these items

must be

the letter from the 

guarantor’s chief financial

officer. If the guarantor’s parent corp~ration is also the

parent corporatioriof the owner or operator, this letter must

describe the value received in consideration of the guarantee.

if the gurantor is a firm with a “substantial business

reiationship& with the owner or operator, this letter must

99—655

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

describe this “substantial business relationship” and the value

received in consideration of the guarantee. The terms of the

-eecpapate —guarantee must provide that:

A)  If the owner or operator fails to satisfy a judgment based

on a determination of liability for bodily injury or

property damage to third parties caused by sudden or

nonsudden accidental occurences (or both as the case may

be), arising from the operation of facilities covered by

this -ee~pe~ate—guarantee, or fails to pay an amount

agreed to in settlement of claims

arising from or alleged

to arise from such injury or damage, the guarantor will do

so up to the limits of coverage.

B) The —ee~~e~ate—guarantee —w444 —remains in force unless

the guarantor sends notice of cancellation by certified

mail to the owner or operator and to the Agency. The

guarantee —sha~4-must not be terminated unless and until

the Agency approves alternate liability coverage complying

with Section —724—725.247 or 35 Ill. Adm. Code —72~—

724. 247.

2) The guarantor shall execute the guarantee in Illinois. The

guarantee shall be accompanied by a letter signed by the

guarantor which states that:

A)  The guarantee was signed in Illinois by an authorized agent

of the 

guarantor;

The guarantee is governed by Illinois law; and

C)  The name and address of the guarantor’s registered agent

for service of process.

3) The guarantor shall have a registered agent pursuant to Section

5.05 of the Business Corporation Act of 1983 (Ill. Rev. Stat.

1987, ch. 32, par. 5.05) or Section 105.05 of the General Not—

for—Profit Corporation Act of 1986 (Ill. Rev. Stat. 1987, ch.

32, par. 105.05).

j~j Letter of credit. for liability coverage.

11. ~    

operator ma~satisfy the requi remonts of this

Section by obtaining an irrevocable stand~yletter of credit

which conforms tothe requirements of 

this

subsection, and

submitting a copy of the letter of credTt to the Agency.

2) The financial institution issuing the letter of credit shall be

99—656

ILLINOIS REGISTER

POLLUTiON CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

an entity which has the authority to issue letters of credit and

whose letter of credit operations are regulated and examined by

the

Illinois Commissioner of Banks and Trust Companies.

3)  The wording of the letter of credit must be as specified 

35

Ill. Adm. Code 724.251.

i)  Surety bond for liability coverage.

fl_

An owner or operator may satisfy the requirements of this

Section by obtaining a sure bond.which conforms to the

requirements of this subsection and submitting a copy of the

~J The surety company issuing the bond shall be licensed by the

illinois Department of Insurance.

j~j The wording of the surety bond must be as specified in 35 Ill.

Adrn. Code 724.251.

j) Trust fund for liability coverage.

1)  An owner or operator may satisfy the requirements of this

Section

by establishing a trust fund which conforms to the

requirements of this subsection and submitting a signed,

duplicate original

of the trust agreement to the Agency.

~gj

The trustee shall be an

entity which has the authority to act as

a trustee and whose trust operations are regulated and examined

~y the Illinois Commissioner of Banks and Trust Cornoariie~~or

who complies with the Foreign Corporations as Fiduciaries Act.

kill. Rev. Stat. 1987, ch. 17, par. 2801 et seq.)

3)  The trust fund for liability coverage must be funded for the

full amount of the liability coverage to be provided by the

trust fund before it may be relied upon to satis~’the

requirements of this Section. If at any time after the trust

fund is created the amount of funds in the trust fund is reduced

below the full amount of liability coverage to be provided, the

owner or operator, by the anniversary of the date of

establishment of the fund, shall either add sufficient funds to

the trust fund to cause its value to equal the full amojnt of

liability coverage to be provided, or obtain other financial

assurance as speci fied

in this Section to cover the

difference. For purposes of 

this subsection, “the full amount

of the liability coverage to be provided” means means the 

amount

of coverage for sudden and nonsudden accidental 

occurrences

required to be provided by the owner or operator by this

9”—657

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Section, less the amount of financial assurance for liability

coverage which is being provided

by by other financial assurance

mechanisms being used to demonstrate financial assurance b~’the

owner or operator.

~J•

The wording of the trust fund must be as specified in 35 Ill.

Adm. Code 724~51.

(Source: Amended at 13 Ill. Reg.   

, effective

)

SUBPART ~J: TANK SYSTEMS

Section 725.290  Applicability

The regulations of this Subpart apply to owners and operators of facilities

that use tank systems for storing or treating hazardous waste, except as

otherwise provided in subsections (a) or (b), or in Section 725.101.

a) Tank—s—_systems that are used to store or treat hazardous waste

—eeRt~+R+R~-whichcontains no free liquids and that are situated

inside a

building with an impermeable floor are exempted from the

requirements

—ef—in 

Section 725.293. To demonstrate the absence or

presence of free liquids in the stored/treated waste, USEPA Method

9095 (Paint Filter Liquids Test) as described in “Test Methods for

Evaluating Solid Wastes, Physical/Chemical Methods” (EPA Publication

No. SW—846), incorporated by reference in 35 111. Adm. Code 720.111,

must be used.

b)  Tank—s— systems, including sumps, as defined in 35 ill. Adm. Code

720.110, that serve as part of a secondary containment system to

collect or contain releases of

hazardous wastes are exempted from the

requirements in Section 725.293~~j~.

(Source: Amended at 13 Ill. Reg.   

effective

Section 725.293  Containment and Detection of Releases

a)  In order to prevent the release of hazardous waste or hazardous

constituents to the environment, secondary containment that meets the

requirements of this Section must be provided (except as provided in

subsections (f) and (g)).

1)  For all new tank systems or components, prior to their being put

into service;

2)  For all existing tanks used to store or treat USEPA Hazardous

Waste Numbers F020, F021, F022, F023, F026 and F027, as defined

in 35 Ill. Adm. Code 721.131, within two years after January 12,

99—65 8

ILLINOIS REGiSTER

POLLUTION CONTROL BOARD

NOTI CE OF PROPOSED AMENDMENTS

1987;

3)  For those existing tank systems of known and documentable age,

within two years after January 12, 1987, or when the tank

systems have reached 15 years of age, whichever come later;

4) For those existing tank systems for which the age cannot be

documented, within eight years of 

January 12, 1987; but

if the

age of the facility is greater than seven years, secondary

containment must be provided by the time the facility reaches 15

years of age or within two years of January 12, 1987, whichever

comes later; and

5)  For tank systems that store or treat materials that become

hazardous wastes subsequent

to January 12, 1987, within the time

intervals required in subsections (a)(1) through (a)(4), except

that the date that a material becomes a hazardous waste must be

used in place of January 12, 1987.

Secondary containment systems must be:

Designed, installed and operated to prevent any migration of

wastes or accumulated liquid out of the system to the soil,

groundwater or surface water at any time during the use of the

tank system; and

Capable of detecting and collecting releases and accumulated

liquids until the collected material is removed.

c)  To meet the requirements of subsection (b), secondary containment

systems must be at a minimum:

1)  Constructed of or lined with materials that are 

compatible with

the waste(s) to be placed in the tank system and of sufficient

strength and thickness to prevent failure due to pressure

gradients (including static head and external hydrological

forces), physical contact with the waste to which they are

exposed, climatic conditions, the stress of installation and the

stress of daily operation (including stresses from nearby

vehicular traffic);

2)  Placed on a foundation or base capahie of providing support to

the secondary containment system

and

resistance to pressure

gradients above and below the system and capable of preventing

failure due to settlement, compression or uplift;

3)  Provided with a leak detection system that is designed and

operated so that it will 

detect the

failure of either the

99—6 59

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

primary and secondary containment structure or any release of

hazardous waste or accumulated liquid in the secondary

containment system within 24 hours, or as otherwise provided in

the RCRA permit if the operator has demonstrated to the Agency,

by way of permit application, that the existing detection

technology or site conditions will not allow detection of a

release within 24 hours;

4)  Sloped or otherwise designed or operated to drain and remove

liquids resulting from leaks, spills or precipitation. Spilled

or leaked waste and accumulated precipitation must be removed

from the secondary containment system within 24 hours, or as

otherwise provided in the RCRA permit if the operator has

demonstrated to the Agency, by way of permit application, that

removal of the released waste or accumulated precipitation

cannot be accomplished within 24 hours.

BOARD NOTE: If the collected material is a hazardous waste

under 35 Ill. Adm. Code 721, it is subject to management as a

hazardous waste in accordance with all applicable requirements

of 35 111. Adm. Code 722 through 725. If the collected material

is discharged through a point source to waters of the State, it

is subject to the NPDES permit requirement of section 12(f) of

the Environmental Protection Act and 35 Ill. Adm. Code 309. If

discharged to a Publicly Owned Treatment Works (POTW—-~s—), it is

subject to the requirements of -Seet4eR 397 of t~eGleeR Water

AetT as a~eA~ed—35Ill. Adm. Code 307 and 310. If the collected

material is released to the environment, it may be subject to

the reporting requirements of —49 G~R392 ~9~64-35 Ill. Adm.

Code 750.410 and 40 CFR 3O~   

atedbLeference

in 35

Ill. Adm. 

Code

720.111.

d)  Secondary containment for tanks must include one or more of the

following devices:

A liner (external to the tank);

2) A vault;

3) A double-walled tank; or

4) An equ~valentdevice as approved by the Board in an adjusted

standards proceeding.

e)  In addition to the requirements of subsections (b), (c) and (d),

secondary containment systems must satisfy the following

requi rements:

.9—6~Y)

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

External liner systems must be:

A)  Designed or operated to contain 100 percent of the capacity

of the largest tank within the liner system’s boundary;

B) Designed or operated to prevent run—on or infiltration of

precipitation into the secondary containment system unless

the collection system has sufficient excess capacity to

contain run—on or infiltration. Such additional capacity

must be sufficient to contain precipitation from a 25—year,

24—hour rainfall event;

C) Free of cracks or gaps; and

D)  Designed and installed to completely surround the tank and

to cover all surrounding earth likely to come into contact

with the waste if released from the tank(s) (i.e., capable

of preventing lateral as well as vertical migration of the

waste).

2)  Vault systems must be:

A) Designed or operated to contain 100 percent of the capacity

of the largest tank within the vault system’s boundary;

B) Designed or operated to prevent run-on or infiltration of

precipitation into the secondary containment system unless

the collection system has sufficient excess capacity to

contain run—on or infiltration, Such additional capacity

must be sufficient to contain precipitation from a 25—year,

24-hour rainfall event;

C)  Constructed with chemical -resi stant water stops in place at

all joints (if any);

D)  Provided with an impermeable interior coating or lining

that is compatible with the stored waste and that will

prevent migration of waste into the concrete;

E) Provided with a means to protect against the formation of

and ignition of vapors within the vault, if the waste being

stored or treated:

i)  Meets the definition of ignitable waste under 35 Ill.

Adm. Code 721.121; or

ii) Meets the definition of reactive waste under 35 Ill.

Adm. Code 721.123 and may form an ignitable or

99—661

ILLINOIS REGiSTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

explosive vapor; and

Provided with an exterior moisture barrier or be otherwise

designed or operated to prevent migration of mnoi sture into

the vault if the vault is subject to hydraulic pressure.

3) Double—walled tanks must be:

A)  Designed as 

an integral structure (i.e.,

an inner tank

within an outer shell) so that 

any

release from the inner

tank is contained by the outer shell;

B)  Protected, if constructed of metal, from both corrosion of

the primary tank interior and the external surface of the

outer shell; and

Provided with a built-in continuous leak detection system

capable of detecting a release within

24 hours or as

otherwise provided in the RCRA permit if the operator has

demonstrated to the Agency, by way of permit application,

that the existing leak detection technology or site

conditions will not allow detection of a release within 24

hours.

BOARD NOTE: The provisions outlined in the Steel Tank

Institute (STI) “Standard for Dual Wall Underground Steel

Storage Tanks,” incorporated by reference in 35 Ill. Adm.

Code 720.111, may be used as guidelines for aspects of the

design of underground steel double-walled tanks.

f) Ancillary equipment must be provided witn full secondary containment

(e.g., trench, jacketing, double—walled piping) that meets the

requirements of subsections (h) and (c) except for:

1) Aboveground piping (exclusive of flanges, joints, valves and

connections) that are visually inspected for leaks on a daily

basis;

2)  Welded flanges, welded joints and welded connections that are

visually inspected for leaks on a daily basis;

3) Sealless or magnetic coupling pumps and sealless valves that are

visually inspected for leaks on a daily basis; and

4)  Pressurized abovegrouna piping systems with automatic shut-off

devices (e.g., excess flow check valves, flow metering shutdown

devices, loss of pressure actuated shut—off devices) that are

visually inspected for leaks on a daily basis.

99-662

ILLINOiS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

g)  Pursuant to Section 28.1 of the Environmental Protection Act, and in

accordance with 35 Ill. Adm. Code 106.Subpart D, an adjusted standard

will be granted by the Board regarding alternative design and

operating practices only if the Board finds either that the

alternative design and operating practices, together with location

characteristics, will prevent the migration of any hazardous waste or

hazardous constituents into the groundwater or surface water at least

as effectively as secondary containment during the active life of the

tank system, or that in the event of a release that does migrate to

groundwater or surface water, no substantial present or potential

hazard will be posed to human health or the environment. New

underground tank systems may not receive an adjusted standard from

the secondary containment requirements of this Section through a

justification in accordance with subsection (g)(2).

1)  When determining whether to grant alternative design and

operating practices based on a demonstration of equivalent

protection of groundwater and surface water, the Board will

consider whether the petitioner has justified an adjusted

standard based on the following factors:

A) The nature and 

quantity of the waste;

B) The proposed alternate design and operation;

C) The hydrogeologic setting of the facility, including the

thickness of soils between the tank system and groundwater;

and

D) All other factors that would influence the quality and

mobility of the hazardous constituents and the potential

for them to migrate to groundwater or surface water.

2)  In aeciding whether to grant alternative design and operating

practices based on a demonstration of no substantial present or

potential hazard, the Board will consider whether the petitioner

has justified an adjusted standard based on the following

factors:

A) The potential adverse effects on groundwater, surface water

and land quality taking into account:

i)  The physical and chemical characteristics of the waste

in the tank system, including its potential for

migration;

ii) The hydrogeological characteristics of the facility

9 n— S63

ILLINOIS_REGISTER

_______________________

POLLUTiON CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

and surrounding land;

iii) The potential for health risks caused by human

exposure to waste constituents;

iv) The potential for damage to wildlife; crops,

vegetation and physical structures caused by exposure

to waste constituents; and

v)  The persistence and permanence of the potential

adverse effects.

B) The potential adverse effects of a release on groundwater

quality, taking into account:

i) The quantity and quality of groundwater and the

direction of groundwater flow;

ii) The proximity and withdrawal rates of water in the

area;

iii) The current and future uses of groundwater in the

area; and

iv) The existing quality of groundwater, including other

sources of contamination and their cumulative impact

on the groundwater qua ity.

C) The potential adverse effects of a release on surface water

quality, taking into account:

i) The quantity and quality of groundwater and the

direction of groundwater flow;

ii) The patterns of rainfall in the region;

iii) The proximity of the tank system to surface waters;

iv) The current and future uses of surface waters in the

area and water quality standards established for those

surface waters; and

v) The existing quality of surface water, including other

sources of contamination and the cumulative impact on

surface water quality. And,

D)  The potential adverse effects of a release on the land

surrounding the tank system, taking into account:

99—664

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

i)  The patterns of rainfall in the region; and

ii) The current and future uses of the surrounding land.

3)  The owner or operator of a tank system, for which alternative

design and operating practices had been granted in accordance

with the requirements of subsection (g)(1), at which a release

of hazardous waste has occurred from the primary tank system but

has not migrated beyond the zone of engineering control (as

established in the alternative design and operating practices),

shall:

A) Comply with the requirements of Section 725.296, except

Section 725.296(d); and

B)  Decontaminate or remove contaminated soil to the extent

necessary to:

i)  Enable the tank system, for which alternative design

and operating practices were granted, to resume

operation with the capability for the detection of and

response to releases at least equivalent to the

capability it had prior to the release; and

ii) Prevent the migration of hazardous waste or hazardous

constituents to groundwater or surface water.

C)  If contaminated soil cannot be removed or decontaminated in

accordance with subsection (g)(3)(B), comply with the

requirements of Section —724—725.297(b).

4)  The owner or operator of a tank system, for which alternative

design and operating practices had been granted in accordance

with the requirements of subsection (g)(1), at which a release

of hazardous waste has occurred from the primary tank system and

has migrated beyond the zone of engineering control (as

establ i shed in the alternative design and operati rig practices,

shall:

A) Comply ,~ith the requirements of Section 725.296(a),(b),(c)

and (d); and

B)  Prevent the migration of hazardous waste 

or hazardous

constituents to groundwater or surface water, if possible,

and decontaminate or remove contaminated soil. If

contaminated soil cannot be decontaminated or removed, or

if groundwater has been contaminated, the owner or 

operator

99—665

ILLINOIS REGISTER

POLLUTiON CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

shall comply with the requirements of Section 725.297(b);

C)  If repairing, replacing or reinstalling the tank system.

provide secondary containment in accordance with the

requirements of subsections (a) through (f), or make the

alternative design and operating practices demonstration to

the Board again with respect to secondary containment and

meet the requi rements for new tank systems in Section

725.292 if the tank system is replaced. The owner or

operator shall comply with these requirements even if

contaminated soil is decontaminated or removed, and

groundwater or surface water has not been contaminated.

h)  In order to make an alternative design and operating practices

demonstration, the owner or operator shafl follow the following

procedures, in addition to those specified in 35 Ill. Adm. Code

1O6.Subpart D:

1)  The owner or operator shall file a petition for approval of

alternative design and operating practices according to the

following schedule:

A)  For existing tank systems, at least 24 months prior to the

date that secondary containment must be provided in

accordance with subsection (a); and

B) For new tank systems, at least 30 days prior to entering

into a contract for installation of the tank system.

2) As part of the petition, the owner or operator shall also submit

to the Board:

A) A description of the steps necessary to conduct the

demonstration and a timetable for completing each of the

steps. The demonstration must address each of the factors

listed in subsection (g)(1) or (g)(2); and

B)  The portion of the Part B permit application specified in

35 Ill. Adm. Code 703.202.

3)  The owner or operator shall complete its showing within 180 days

after filing its petition for approval of alternative design and

operating practices.

4) The Agency shall issue or modify the RCRA permit so as to

require the permittee to construct and operate the tank system

in the manner that was provided in any Board order approving

alternative design and operating practices.

99—666

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

1)  All tank systems, until such time as secondary containment meeting

the requirements of this Section is provided, 

must

comply with the

fol 1 owing:

1)  For non—enterable underground tanks, a leak test that meets the

requirements of Section 725.291(b)(5) must be conducted at least

annually;

2)  For other than non—enterable underground tanks and for all

ancillary equipment, an annual leak test, as described in

subsection (i)(1), or an internal inspection or other tank

integrity examination, by an independent, qualified, registered

professional engineer, that addresses cracks, leaks, corrosion

and erosion must be conducted at least annually. The owner or

operator shall remove the stored waste from the tank, if

necessary, to allow the condition of all internal tank surfaces

to be assessed.

BOARD 

NOTE:

The practices described in API Publication, Guide

for Inspection of Refining Equipment, Chapter XIII, “Atmospheric

and Low Pressure Storage Tanks”, incorporated by reference in 35

Ill. Adm. Code 720.111, may be used, when applicable, as

guidelines for assessing the overall condition of the tank

system.

3)  The owner or operator shall maintain on file at the facility a

record of the results of the assessments conducted in accordance

with subsections (i)(1) through (i)(3).

4)  if a tank system or component is found to be leaking or unfit

for use as a result of the leak test or assessment in

subsections (i)(1) through (i)(3), the owner or operator shall

comply with the requirements of Section 725.296.

(Source: Amended at 13 Ill. Reg.   

effective

Section 725.296  Response to leaks or spills and disposition of Tank Systems

A tank system or secondary containment system from which there has been a leak

or spill, or which is unfit for use, must be removed from service

imediately. The owner or operator shall satisfy the following requirements:

a)  Cease using; prevent flow or addition of wastes. The owner or

operator shall innediately stop the flow of hazardous waste into the

tank system or secondary containment system and inspect the system to

determine the cause of the release.

99-~667

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

b)  Removal of waste from tank system or secondary containment system.

1) If the release was from the tank system, the owner or operator

shall, within 24 hours after detection of the leak, remove as

much of the waste as is necessary to prevent further release of

hazardous waste to the environment and to allow inspection and

repair of the tank system to be performed.

2)  If the release was to a secondary containment system, all

released materials must be removed within 24 hours to prevent

harm to human health and the environment.

c)  Containment of visible releases to the environment. The owner or

operator shall immediately conduct a visual inspection of the release

and, based upon that inspection:

1)  Prevent further migration of the leak or spill to soils or

surface water; and

2)  Remove, and properly dispose of, any visible contamination of

the soil or surface water.

d) Notifications, reports.

1)  Any release to the environment, except as provided in subsection

(d)(2), must be reported to the Agency within 24 hours of

detection.

2) A leak or spill of hazardous waste is exempted from the

requirements of this paragraph if it is:

A) Less than or equal to a quantity of one (1) pound; and

B)  Immediately contained and cleaned—up.

3) Within 30 days of detection of a release to the environment, a

report containing the following information must be submitted to

the Agency:

A) Likely route of migration of the release;

B) Characteristics of the surrojnding soil (soil composition,

geology, hydrogeology, climate);

C) Results of any monitoring or sampling conducted in

connection with the release, (if available), If sampling

or monitoring data relating to the release are not

available within 30 days, these data must be submitted to

99— 668

ILLINOiS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

the Agency as soon as they become available.

D)  Proximity to downgradient drinking water, surface water and

population areas; and

E) Description of response actions taken or planned.

e)  Provision of secondary containment, repair or closure.

1)  Unless the owner or operator satisfies the requirements of

subsections (e)(2) through (e)(4), the tank system must be

closed in accordance with Section 725.297.

2)  If the cause of the release was a spill that has not damaged the

integrity of the system, the owner or operator may return the

system to service as soon as the released waste is removed and

repairs, if necessary, are made.

3)  If the cause of the release was a leak from the primary tank

system into the secondary containment system, the system must be

repaired prior to returning the tank system to service.

If the source of the release was a leak to the environment from

a component of a tank system without secondary containment, the

owner or operator shall provide the component of the system from

which the leak occurred with secondary containment that

satisfies the requirements of Section 725.293 before it is

returned to service, unless the source of the leak is an

aboveground portion of a tank system. If the source is an

aboveground component that can be inspected visually, the

component must be repaired

and may be returned to service

without secondary containment as long as the requirements of

subsection (f) are satisfied. if a component is replaced to

comply with the requirements of this subpargraph, that component

must satisfy the requi rements for new tank systems or components

in Sections 725.292 and 725.293. Additionally, if a leak has

occurred in any portion of a tank system component that is not

readily accessible for visual inspection (e.g., the bottom of an

inground or onground tank), the entire component must be

provided with secondary containment in accordance with Section

725.293 prior to being returned to use.

f) Certification of major repairs. If the owner or operator has

repaired a tank system in accordance with subsection (e), and the

repair has been extensive (e.g., installation of an internal liner;

repair of a 

ruptured

primary containment or secondary containment

vessel), the tank system must not be returned to service unless the

owner or operator has obtained a certification by an independent

99—669

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

qualified, registered professional engineer in accordance with 35

Ill. Adm. Code 702.126(d) that the repaired system is capable of

handling hazardous wastes without release for the intended life of

the system. This certification must be submitted to the Agency

within seven days after returning the tank system to use.

BOARD NOTE: See Section 725.115(c) for the requirements necessary to

remedy a failure. Also, 40 CFR —392 ~98~—3O2.6, incorporated by

reference in 35 Ill. Adm. Code 720.111, requires the owner or

operator to notify the National Response Center of a release of any

“reportable quantity.”

(Source: Amended at 13 Ill. Reg.   

effective         

)

Section 725.301  Generators of 100 to 1000 kg/mo.

a) The requirements of this Section apply to small quantity generators

of more than 100 kg but less than 1000 kg of hazardous waste in a

calendar month, that accumulate hazardous waste in tanks for less

than 180 days (or 270 days if the generator must ship the waste

greater than 200 miles), and do not accumulate over 6,000 kg on-site

at any time.

b) Generators of between 100 and 1000 kg/mo hazardous waste shall comply

with the following general operating requirements:

1)  Treatment or storage of hazardous waste in tanks must comply

with Section 725.117(b).

2) Hazardous wastes or treatment reagents must not he placed in a

tank if they could cause the tank or its inner liner to rupture,

leak, corrode or otherwise fail before the end of its intended

1i fe.

3) Uncovered tanks must be operated to ensure at least 60

centimeters (2 feet) of freeboard, unless the tank is equipped

with a containment structure (e.g. dike or trench), a drainage

control system or a diversion structure (e.g., standby tank)

with a capacity that equals or exceeds the volume of the top 60

centimeters (2 feet) of the tank.

4)  Where hazardous waste is 

continuously fed into a tank, the t~n~:

riust be equipped with a means to stop this inflow (e.g., was

feed cutoff system or by—pass system to a stand-by tank).

BOARD NOTE 

—

These systems are intended to be used in the event

of a leak or overflow from the tank due to a system failure

(e.g., a malfunction in the treatment process, a crack in the

99—670

ILLINOIS REGISTER

_________

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

tank, etc.).

c)  Generators of between 100 and 1000 kg/mo accumulating hazardous waste

in tanks shall inspect, where present:

1)  Discharge control equipment (e.g., waste feed cutoff systems,

by—pass systems, and drainage systems) at least once each

operating day, to ensure that it is in good working order;

2)  Data gathered from monitoring equipment (e.g., pressure and

temperature gauges) at least once each operating day to ensure

that the tank is being operated according to its design;

3) The level of waste in the tank at least once each operating day

to ensure compliance with —~eet4eA ~r29e~—subse~tion(b)(ll;

4) T’ne construction materials of the tank at least weekly to detect

corrosion or leaking of fixtures or seams; arid

5) The construction materials of, and the area immediately

surrounding, discharge confinement structures (e.g., dikes) at

least weekly to detect erosion or obvious signs of leakage

(e.g., wet spots or dead vegetation).

BOARD NOTE: As required by Section 725.115(c), the owner or

operator must remedy any deterioration or malfunction the owner

or operator finds.

d) Generators of between 100 and 1000 kg/mo accumulating hazardous waste

in tanks shall, upon closure of the facility, remove all hazardous

waste from tanks, discharge control equipment and discharge

confinement structures.

BOARD NOTE: At closure, as throughout the operating period, unless

the owner or operator demonstrates, in accordance with 35 111. Adm.

Code 721.103(c) or (d), that any solid waste removed from the tank is

not a hazardous waste, the owner or operator becomes a generator of

hazardous waste and must manage it in accordance with all applicable

requirements of 35 ill. Adm. Code 722, 723 and 725.

e) Generators of between 100 and 1000 kg/mo shall comply with the

following special requirements for ignitable or reactive waste:

1)  Ignitable or reactive waste must not he placed in a tank,

unless:

A)  The waste is treated, rendered or mixed before or

inimediately after placement in a tank so that;

9;—671

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

1)  The resulting waste, mixture or dissolution of

material no longer meets the definition of ignitable

or reactive waste under 35 Ill. Adm. Code 721.121 or

721.123, and

ii) Section 725.117(b) is complied with; or

B) The waste is stored or treated in such a way that it is

protected from any material or conditions that may cause

the waste to ignite or react; or

C) The tank is used solely for emergencies

2) The owner or operator of a facility which treats or stores

ignitable or reactive waste in covered tanks shall comply with

the buffer zone requirements for tanks contained in Tables 2—1

through 2-6 of the National Fire Protection Association’s

“Flammable and Combustible Liquids Code,” incorporated by

reference in 35 Ill. Adm. Code 720.111.

f)  Generators of between 100 and 1000 kg/mo shall comply with the

following special requirements for incompatible wastes:

I)  Incompatible wastes, or incompatible wastes and materials (see

Appendix E for examples) must not be placed in the same tank,

unless Section 725.117(b) is complied with.

2) Hazardous waste must not be place in an unwashed tank which

previously held an incompatible waste or material, unless

Section 725.117(b) is complied with.

(Source: Amended at 13 Ill. Reg.   

effective         

)

99—672

ILLINOiS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

TITLE 35:

ENVIRONMENTAL PROTECTiON

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER C: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 726

STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTE

AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITiES

SUBPART C: RECYCLABLE MATERIALS USED IN A MANNER

CONSTITUTING DiSPOSAL

Section

726.120  Applicability

726.121

Standards applicable to generators and transporters of materials

used in a manner that constitutes disposal

726.122  Standards applicable to storers, who are not the ultimate users, of

materials that are to be used in a manner that constitutes disposal

726.123  Standards applicable to users of materials that are used in a

manner that constitutes disposal

SUBPART D: HAZARDOUS WASTE BURNED FOR ENERGY RECOVERY

Secti on

726.130  Applicability

726.131  Prohibitions

726.132  Standards applicable to generators of hazardous waste fuel

726.133  Standards applicable to transporters of hazardous waste fuel

726.134  Standards applicable to marketers of hazardous waste fuel

726.135  Standards applicable to burners of hazardous waste fuel

726.136  Conditional exemption for spent materials and by—products

exhibiting a characteristic of hazardous waste

SUBPART E: USED OIL BURNED FOR ENERGY RECOVERY

Section

726.140  Applicability

726.141  Prohibitions

726.142  Standards applicable to generators of used oil burned for energy

recovery

726.143  Standards applicable to marketers of used oil burned for energy

recovery

726.144  Standards applicable to burners of used oil burned for energy

recovery

SUBPART F: RECYCLABLE MATERIALS UTiLIZED FOR PRECiOUS METAL

RECOVERY

Section

726.170

Applicability and

requirements

SUBPART G: SPENT LEAD-ACID BATTERIES BEING RECLAIMED

99—673

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Sect i on

726.180  Applicability arid requirements

AUTHORITY: Implementing Section 22.4 and authorized by Section 27 of the

Environmental Protection Act (Ill. Rev. Stat. 1985, ch. 111 1/2, pars. 1022.4

and 1027).

SOURCE: Adopted in R85—22 at 10 Ill. Reg. 1162, effective January 2, 1986;

amended in R86—1 at 10 Ill. Reg. 14156, effective August 12, 1986; amended in

R87—26 at 12 Ill. Reg. 2900, effective January 15, 1988; amended in R89-1 at

13 Ill. Reg.   

effective

SUBPART C:

RECYCLABLE MATERIALS USED IN A MANNER CONSTITUTING DISPOSAL

Section 726.120  Applicability

a) The regulations of this Subpart apply to recyclable materials that

are applied to or p’aced on the land;

1)  Without mixing with any other substance(s); or

2)  After mixing or combination with any other substance(s). These

materials will be referred to throughout this Subpart as

“materials used in a manner that constitutes disposal.”

b) Products produced for the general public’s use that are used in a

manner that constitutes disposal and that contain recyclable

materials are not presently subject to regulation under this Subpart

if the recyclable materials have undergone a chemical reaction in the

course of producing the products so as

to become inseparable by

physical means and if such products meet the applicable treatment

standards in 35 Ill. Adm. Code 728.Subpart D (or applicable

prohibition levels in 35 Iii. 

Adin. Code 728.32

or 728.139, where no

treatment standards have been established) for each recyclable

material (i.e. hazardous waste constituent) that they contain.

However, zinc—containin~-~Ge e~e~a~—fertilizers using hazardous

waste K061 that are produced for the general public’s use that

contain recyclable materials also are not presently subject to

regulation under this Subpart.

(Source: Amended at 13 131. Req.   

effective         

)

99—674

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

TiTLE 35:

ENVIRONMENTAL PROTECTION

SUBTiTLE G: WASTE DISPOSAL

CHAPTER 1: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 728

LAND DISPOSAL RESTRICTIONS

SUBPART A: GENERAL

Secti on

728.101   

Purpose, Scope and Applicability

728.102   

Definitions

728.103   

Dilution Prohibited as a Substitute for Treatment

728.104   

Treatment Surface Impoundment Exemption

728.105   

Procedures for case—by-case Extensions to an Effective Date

728. 106

Petitions to Allow Land Disposal of a Waste Prohibited under

Subpart C

728. 107

Waste Analysis

728.108

Landfill and Surface Impoundment Disposal

Restrictions

SUBPART C: PROHIBITION 

ON LAND

DISPOSAL

Section

728.130

Waste Specific Prohibitions —- Solvent Wastes

728.131

Waste Specific Prohibitions -— Oioxin-Containing Wastes

728.132   

Waste Specific Prohibitions 

—-

California List Wastes

728.133

Waste Specific Prohibitions 

First Third Wastes

728.139   

Statutory Prohibitions

SUBPART 0:  TREATMENT STANDARDS

Section

728.140   

Applicability of Treatment Standards

728. 141    

Treatment Standards expressed as Concentrations in Waste Extract

728.142   

Treatment Standards expressed as Specified Technologies

728. 143    

Treatment Standards expressed as 

Wdste

Concentrations

728.144   

Adjustment of Treatment Standard

SUBPART E: PROHiBiTIONS ON STORAG

Secti on

728.150   

Prohibitions on Storage of Restricted Wastes

TableTable AB

ConstituentConstituent

ConcentrationsConcentrations inin

WastesWaste

Extract(CCW) 

J~~)

Appendix A  Toxicity Characteristic Leaching Procedure (TCLP)

Appendix B   

Treatment Standards (As 

concentrations in the Treatment Residual

Extract)

Appendix C   List of Halogeriated Organic Compounds

AUTHORITY: Implementing Section 22.4 arid authorized by Section 27 of the

.9675

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Environmental Protection Act (Ill. Rev. Stat. 1985, ch. 111 1/2, pars. 1022.4

and 1027).

SOURCE: Adopted in R87—5 at 11 Ill. Req. 19354, effective November 12,

1987; amended in R87-39 at 12 Ill. Reg. 13046, effective July 29, 1988;

amended in R89—1 at 13 Ill. Reg.   

effective

SUBPART A:

GENERAL

Section 728.101  Purpose, Scope and Applicability

a) This Part identifies hazardous wastes that are restricted from land

disposal and defines those limited circumstances under which an

otherwise prohibited waste may continue to be land disposed.

b)  Except as specifically provided otherwise in this Part or 35 Ill.

Adm. Code 721, the requirements of this Part apply to persons who

generate or transport hazardous waste and to owners and operators of

hazardous waste treatment, storage and disposal facilities.

c)  Prohibited wastes may continue to be land disposed as follows:

1)  Where persons have been granted an extension to the effective

date of a prohibition under Subpart C or pursuant to Section

728.105, with respect to those wastes covered by the extension;

2) Where persons have been granted an exemption from a prohibition

pursuant to a petition under Section 728.106, with respect to

those wastes and units covered by the petition;

~At~44eve~e~8~1988~where the wastes a~eeenta Aate~so~

e~~

Fes~4t+ng~ a ~espe~seaet+eR takeR ~  See~eR

194 9F 

106

e~t~eGem+~pFeheRsi.ve ERV+FeRffleRtal Res~enseT

Ge1HpeRsat~eR~aRd 64.abi44ty Aet ef 1989 G~RGLA4 (~42 W~S~G96011

et seqr~)e~~de~ RGRA eeppeet4ve aeti-eRT as de~Red~A 

See~i~eR

~28vlO2t

—

4  3)  Where the waste is generated by small quantity generators of

less than 100 kilograms of non-acute hazardous wastes per month

or less than one kilogram of acute hazardous waste per month, as

defined in .35 111. Adm. Code 721.105; or,

~ 4)  Where a farmer is disposing of waste pesticides in accordance

with 35 Ill. Adru. Code 722.170.

~j Prior to May 8, 1990, in a landfill or surface impoundment unit

where all applicable persons are in compliance with the

uirements of Section 728.108, with respect to wastes 

which

99—676

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

are not subject to the treatment standards set forth in Subpart

0, and which are not subject to the prohibitions in Section

728.132 or 728.139.

d)  This Part does not affect the availability of a waiver under Section

121 (d)~(4) of CERCLA.

d  e)  This Part is cumulative with the land disposal restrictions of 35

Ill. Adm. Code 729. The Environmental Protection Agency (Agency)

shall not issue a wastestream authorization pursuant to 35 Ill. Adm.

Code 709 or Sections 22.6 or 39(h) of the Environmental Protection

Act (Ill. Rev. Stat. 498g—1987, ch. 111 1/2, pars. 1022.6 or

1039(h)) unless the waste meets the requirements of this Part as well

as 35 Ill. Adin. Code 729.

(Source: Amended at 13 Ill. Reg.   

effective

Section 728.104  Treatment Surface Impoundment Exemption

a) Wastes which are otherwise prohibited from land disposal under this

Part may be treated in a surface impoundment or series of

impoundments provided that:

1)  Treatment of such wastes occurs in the impoundments;

2)  —The~es~th~ese~thetFeat~eRta~eaRaly~ed~ass~ee~4.ed*n

Seet~eA 28~l0~eF ~8Tl~2T te deteFR3Re 4~they meet the

a~~ea~letPeatmReRt staAdaFds

+R ~~pa~t 9 e~where R8

tFeat~eAtstaRdaFds ha’,’e ~ee~ esta~~shed~

the wastes the

a~p~eablepFeh~~t4~eRlevelss~ee~4ed~R S~~a~tGT The

saR1plR~R~~ethed~spee~4i-ed ~R the waste aAalys+s plaR bRdeP 3S

I-11 Ath~~cede ~24~1l3e~~2STll3;~st ~e des4gRed sdeh that

FepFeseRtat+ve saR~pTes ec the slm+d~eaRd the s~peFAataRt a~e

tested sepa~atelyffatheP than ~4-~edte ceF~he~e~eRee~s

saH~plesT The tFeat~eAt Fes~d~es Ael~d~Rga~y14q~4dwaste~

that de Ret meet the tFeat~eRtstaAdaFds p~em~wlgated~RdeF

S~paFt9 e~the appl4ea~le eh4~t4~eAlevels pFe~l~atedHAdeF

Si~pa~tG1 e~’a~eRet del4sted k~RdeP ~ Ill Ad~TGede ~29T122

aRd Re 

IeR~ec

exh it a ehaPaeteF4stie e~ha~aFdeHswastes ~st

~e FeiHeved at least aAR1Iallyr These ~es+di~esshall Ret ~e

placed 3A aRy etheF sw~~aee+epe1~RdR~eRt ~ s~seqk~eAt

e1aRa~eR4eAtT

If the vel~He ef ~  

flew+A~th~e~ghthe

+~pe~1RdR~eRte~se~4es of +~peE~RdmHeHtsaRRm~ally is ~FeateFthaR

the vel~eof the 

p9~Rdi~eRtOF ~-RlpeE~RdReRtS~this f~rew-thFee~h

eeRst+t~tesFeiHeval of the s~peFRataRtfeF the p~~peseof th4s

FeqlI+PeFBeRtT The pFeeeth~Fes aRd sehed~lefef the saFRpliA~of

+FRpeE~Rth1meRt eeAteRts~the aAalys+s of test data aRd the aRR~al

~e~eva~.of pesRd~ewh4eh does Ret i~meet the S~bpaFt9 tFeatFReRt

gn—677

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

staAdapds1 e~Siibpa~tGT FR&st ~e spee4~c4ed~n the fae44ity!s

waste analysis plan as ~eqai~ed~inde~3~141, 

AdR3~

Gede ~24r14~

OP ~2~rI1~~Thefollowing conditions are met:

~j Sampling and testing. For wastes with treatment standards

in Subpart 0 or prohibition levels in Subpart C, the

residues from treatment are analyzed, as specified in

Section 728.107 or 728.132, to determine if they meet the

applicable treatment standards or, where no treatment

standards have been established for the waste, the

applicable prohibition levels. The sampling method,

specified in the waste analysis plan under35 111. Adm.

Code 724.113 or 725.113, must be designed such that

representative samples of the sludge and the supernatant

are tested separately rather than mixed to form homogeneous

samples.

Removal. The following treatment

residues 

(includinjany

liquid waste) must be removed at least annually: residues

which do not meet the treatment standards promulgated

under

Subpart D; residues which do not meet the prohibition

levels established under Subpart C or 728.139 (where no

treatment standards have been established); residues which

are from the treatment of wastes prohibited from 

land

disposal under Subpart C (where no treatment 

standards have

been established and no prohibition levels apply); or

residues from managing listed wastes which are not delisled

under 35 Ill. Adm. Code 720.122. However, residues which

are the subject of a valid certification under Section

728. 108 made no later than a year after placement of the

wastes in an impoundment are not required to be removed

annually. If the volume of liquid flowing through the

impoundment or series of impoundments annually is gi’~’ater

than the volume of the impoundment or impoundments, this

flow-through constitutes removal of the supernat~nt for the

purpose of this requirement.

çj

Subsequent management. Treatment residues must not be

placed in any other surface impoundment for subseque~it

management unless the residues are the subject of a valid

certif,ication under Section 728.108 which allows dis~iw;a1

________

meeting the reo~jrer~~entsc’1 S~ctioi

j~J Recordkeeping. The procedures and schedule for the

sampling of impoundment contents, the analysis of test data

and the annual removal of residues which do not meet the

treatment standards, or prohibition levels (where no

99— 678

ILLINOIS REGISTER

POLLUTiON CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

treatment standards have been established), or which are

from the 

treatment of wastes prohibited from land disposal

under Subpart C (where no

treatment standards have been

established

and

no prohibition le~T~ ly,must be

specified in the facility’s ~i~steanalysis plan as required

under 35 Ill. Adm. Code 724.113 or 725.113.

The impoundment meets the design requirements of

35 Ill. Adm.

Code 724.321(c) or 725.321(a) even though the unit may not be

new, expanded 

or a replacement, and must be

in compliance with

applicable groundwater monitoring requirements of 35 Ill. Adm.

Code 724.Subpart F or 725.Subpart F, unless:

A)  It is exempted pursuant to 

35 Ill. Adm. Code 724.321(d) or

(e), or to 35 Ill. Adm. Code 725.321(c) or (d); or

B)  Upon application by the owner or operator, the Agency has

by permit provided that the requirements of this Part do

not apply on the basis that the surface impoundment:

i)

Has

at

least one liner, for which there is no evidence

that such limier is leaking;

ii) Is located more than one-quarter mile from an

underground source of drinking 

water; and

iii) Is in compliance with generally applicable groundwater

monitoring requirements for facilities with permits;

or,

C) Upon application 

by the owner or operator, the Board has,

pursuant to 35 Ill. Adm. Code 106, granted an adjusted

standard from the requirements of this Part. The

justification for such an adjusted standard shall be a

demonstration that the surface impoundment is located,

designed and operated so as to assure that there will be no

migration of any hazardous constituent into groundwater or

surface water at any future time. And,

4)  The owner or operator submits to the Agency a written

certification that the requirements of Section 728.1O4(a)(3)

have been met and submits a copy of the waste analysis plan

required under Section 728.104(a)(2). The following

certification is required:

I certify under penalty of law that the 

requi rements of 35

Ill. Adm. Code 728.104(a)(3) have been met for all surface

impoundments being used to treat restricted wastes.

q.—679

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

believe that the 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.

b)  Evaporation of hazardous constituents as the principal means of

treatment is not considered to be a treatment for purposes of an

exemption under this Section.

(Source: Amended at 13 Ill. Reg.   

effective

Section 728.105  Procedures for case-by—case Extensions to an

Effective Date

a) The Board incorporates by reference 40 CFR 268.5 —198~4T as an~ended

at ~2 ~ed~Reg~2~60T 

Ji~ly8~~987—(1988),as amended at 53 Fed.

Reg. 31211, August 17, 1988. This Part incorporates no future

editions or amendments.

b)  Persons may apply to USEPA for extensions of effective dates pursuant

to 40 CFR 268.5. Extensions which are granted by USEPA will be

deemed extensions of dates specified in the derivative Board rule.

(Source: Amended at 13 Ill. Reg.   

, effective

)

Section 728.106  Petitions to Allow Land Disposal of a Waste

Prohibited under Subpart C

a)  Any person seeking an exemption from a prohibition under Subpart C

for the disposal of a restricted hazardous waste in a particular unit

or units shall submit a petition to the Board demonstrating, to a

reasonable degree of certainty, that there will be no migration of

hazardous constituents from the disposal unit or injection zone for

as long as the wastes remain hazardous. The demonstration must

include the following components:

1) An identification of the specific waste and the specific unit

for which the demonstration will be made;

2) A waste analysis to describe fully the chemical and physical

characteris.tics of the subject waste;

A comprehensive characterization of the dispos.~lunit site

including an analysis of background air, soil and water quality;

~ A monitoring plan which detects migration at the earliest

practical time

99—68~)

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOT1 CE OF PROPOSED AMENDMENTS

5)  Sufficient information to assure the Agency that the owner or

~E~eratorof a land

disppsal unit receiving restricted wastes

will conpj with other applicable federal, state and local

laws

4   6)  Whether the facility is in interim status, or, if a RCRA permit

has been issued, the tern of 

the permit.

b)  The demonstration referred to in subsection 

(a) must meet the

following criteria:

1)  All waste and environmental sampling, test and analysis data

must be accurate and reproducible to the extent that state-of-

the-art techniques allow;

All sampling, testing and estimation techniques for chemical and

physical properties of the waste and all environmental

parameters must conform with “Test Methods for Evaluating Solid

Waste” and with “Generic Quality Assurance 2roject Plan for Land

Disposal Restrictions Program,” incorporated by reference in 35

Ill. Adm. Code 720.111.

3)  Simulation models must be calibrated for the specific waste and

site conditions, and verified for accuracy by comparison with

actual measurements;

4)  A quality assurance and quality 

control plan that addresses all

aspects of the demonstration and

conforms with “Test Methods for

Evaluating Solid Waste” and with “Generic Quality Assurance

Project Plan 

for Land Disposal Restrictions Program,”

incorporated by reference in 35 Ill. Adm. Code 720.111. and

5)  An analysis must be performed to identify and quantify any

aspects of the demonstration that contribute significantly to

uncertainty. This analysis must include an evaluation of the

consequences of preuictable future events, including, hut not

limited to, earthquakes, floods, severe storm events, droughts

or other natural phenomena.

c)  Eac~petition 

referred to in

subsection (a) must 

include the

fol 1 o4~jg~

Amonitorin~pJan 

that describes the monitoring program

installed at or around the unit 

to verif~continued compliance

with the conditions of the adju~i~dstandard. This monitoring

plan must

~provideinformation 

on the monitoring of the unit or

the environment 

around the unit. The following specific

information must be included in the plan:

n9—631

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

~j The media monitored in the cases where monitoring of the

environment around the unit is required

~ The type of monitoring conducted at the unit, in the 

cases

where monitoring of the unit is required

~J The location of the monitoring stations

ç~j The monitoring interval (frequency of monitoring at each

station)

The specific hazardous constituents to be monitored

fj The implementation schedule for the monitoring program

~j The equipment used at the monitoring stations

±!l

The sampling and analytical techniques employed; and

The data recording and reporting procedures.

~j Where applicable, the monitoring program described in subsection

(c)(1) must be in place for a period of time specified by the

Board, as part of its approval of the petition, prior to receipt

of prohibited waste at the unit.

3)  The monitoring data collected according to the monitoring plan

specified under subsection (c)çl) must be sent to the Agency

according to a format

and schedule specified and approved in the

monitoring plan, and

~ A copy of the monitoring data collected under the monitorijig

plan specified under subsection (c)(1) must be kept on-site at

the facility in the operating record.

j~ The monitoring program specified under subsection (c)(1) must

meet the the following criteria:

~j All sampling, testing and analytical data must be approved

by the. Board and must provide data that is accurate 

and

rep

roduci

ble.

~j All estimation and monitoring techniques roust be approved

by the Board.

.ci ~q~ality assurance and quality control plan addressing all

aspects of the monitoring program must be provided to and

99—682

ILLINOIS REGISTER

POLLUTiON CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

approved by the Board.

? d) Each petition must be submitted to the Board as provided in 35 111.

Adm. Code 106.

~j After a petition has been approved, the owner or operator shall

report any changes in conditions at the unit or the environment

around the unit that significantly depart from the conditions

described in the petition and affect the potential for migration of

hazardous constituents from the units as follows:

If the owner or operator plans to make changes to the unit

design, construction or operation, the owner or operator shall,

at least

90 days prior to making the change, either:

A)  File a petition for modification of or a new petition to

amend an adjusted standard with the Board reflecting the

changes; or,

B)  Demonstrate to the Agency that the change can be made

consistent with the conditions of the existing adjusted

standard.

2)  If the owner or operator discovers 

that a condition

at the site

which was modeled or predicted in the petition does not occur as

predicted, this change must be reported, in writing, to the

Agency within 10 days of discovering the change. The Agency

shall determine whether the reported change from the terms of

the petition requires further action, which may include

termination of waste acceptance, a petition for modification of

or a new petition for an adjusted standard.

f)  If there is migration of hazardous constituent(s) from the unit, as

determined by the owner or operator, the owner or operator shall:

1)  Immediately suspend receipt of restricted waste at the unit, and

2)  Notify the Agency, in writing, within 10 days of the

determination that a release has occurred.

3)  Following receipt of the notification, the Agency shall, within

60 days of receiving notification:

~j Determine whether the owner and operator can continue to

receive prohibited waste in the unit under the conditions

of the adjusted standard.

~j If modification or vacation of the adjusted standard is

qo—683

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

necessary, file a motion to modify or vacate the adjusted

standard with the Board.

Determine whether further examination of any migration is

required under the applicable provisions of 35 Ill. Adm.

Code 724 or 725.

~)

Each petition must include the following 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 ininediately 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.

e h)  After receiving a petition, the Board may request any additional

information that may be required to evaluate the demonstration.

i)

If approved, the petition will apply to land disposal of the specific

restricted waste at the individual disposal unit described in the

demonstration and will not apply to any other restricted waste at

that disposal unit, or to that specific restricted waste at any other

disposal unit.

§  j) The Board will give public notice and provide an opportunity for

public cornent as provided in 35 Ill. Adm. Code 106. Notice of a

final decision on a petition will be published in the Environmental

Register.

k)

The term of a petition granted under this Section will be no longer

than the term of the RCRA permit if the disposal unit is operating

under a RCRA permit, or up to a maximum of 10 years from the date of

approval provided under subsection (g) if the unit is operating under

interim status. in either case, the term of the granted petition

-s~al4—expires upon the termination or denial of a RCRA permit, or

upon the termination of interim status or when the volume limit of

waste to be land. disposed during the term of petition is reached.

1)

Prior to the Boardts decision, the applicant shall comply with all

restrictions on land disposal under this Part once the effective date

for the waste has been reached.

in) The petition granted by the Board does not relieve the petitioner of

responsibilities in the management of hazardous waste under 35 ill.

99—6~4

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Adrn. Code 702, 703 and 720 through 726.

k  n)  Liquid hazardous wastes containing PCBs at concentrations greater

than or equal to 500 ppm are not eligible for an adjusted standard

under this Section.

(Source: Amended at 13 Ill. Reg.   

effective

Section 728. 107  Waste Analysis

a)  Except as specified in Section 728.132 or 728.143, the generator

shall test the generator’s waste, or test an extract devaloped using

the test method described in Appendix A, or use knowledge of the

waste, to determine if the waste is restricted from land disposal

under this Part.

1)  If a generator determines that the generator is managing a

restricted waste under this Part and determines that the waste

does not meet the applicable treatment standards set forth in

_____

or —dees ~ ee~ip~yw4t~—exceeds the appl icable

prohibition—s— levels set forth in Section 728.132 or 728.139,

with each shipment of waste the generator shall notify the

treatment or storage facility in writing of the appropriate

treatment standard set forth in Subpart D and any applicable

prohibition—s— levels set forth in Section 728.132 or 728.139.

The notice must include the following information:

A) USEPA Hazardous Waste Number;

B) The corresponding treatment standard and all applicable

standards sot forth in Section 728.132 or 728.139;

The manifest number associated with the shipment of waste;

and

0) Waste analysis data, where available.

2) If a generator determines that the generator is managing a

restricted waste under this Part, and determines that the waste

can be land disposed without further treatment, with each

shipment of waste the generator shall submit, to the treatment,

storage or land disposal facility, a notice and a certification

stating that the waste meets the applicable treatment standards

set forth in Subpart 0 and the ~         

levels set

forth in Section 728.132 or 728.139.

A) The notice must include the following information:

99—685

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

i)  USEPA Hazardous Waste Number;

ii) The corresponding treatment standard;

iii) The manifest number associated with the shipment of

waste;

iv) Waste analysis data, where available.

B) The certification must be signed by an authorized

representative and must state the following:

I certify under penalty of law that I personally have

examined and am familiar with the waste through

analysis and testing or through knowledge of the waste

to support this certification that the waste complies

with the treatment standards specified in 35 Ill. Adm.

Code 728.Subpart 0 and all applicable prohibitions set

forth in 35 Ill. Adm. Code 728.132, 728.139 or section

3004(d) of the Resource Conservation and Recovery

Act. I believe that the information I submitted is

true, accurate and complete. I am aware that there

are significant penalties for submitting a false

certification, including the possibility of a fine and

imprisonment.

3)  If a generator’s waste is subject to a case-by—case extension

under Section

728.105, an exemption under Section 728.106, an

extension under Section 728.1O1(c)(3) or a nationwide variance

under 40 CR 268.Subpart C (1987), with each shipment of waste,

the generator shall —~eFwaP~—subnita notice with the waste to

the —1aR~d4spesa~—facility receiving the generator’s waste,

stating that the waste is -exe~p~fFen3 the ~aAd~spesa1.

~est~~et4e~s—notprohibited from land disposal. The notice must

include the following information:

~J EPA hazardous waste number:

The corresponding treatment standards and all applicable

prohibitions set forth in Section 728.132 or 728.139

~j The manifest number associated with the s~Jpnentof wast~

~j Waste analysis data, where available, and

The date the waste is subject to the prohibitions.

IL If a generator determines that the generator is managing a waste

9 9—686

iLLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

that is subject to the prohibitions under Section 728.133(f) and

is not subject to the prohibitions set forth in Section 728.132,

with each shipment

of waste, the generator shall notify the

treatment storage or disposal facility, in writing, of any

applicable prohibitions set forth in Section 728.133(f). The

notice must include the following information:

A)  USEPA hazardous waste number

B)  The applicable prohibitions set forth in Section

— 728.133(f)

C) The manifest number associated with the 

shipment of waste;

and

D) Waste analysis data where available.

4  5)  If a generator determines whether the waste is restricted based

solely on the generator’s knowledge of the waste, the generator

shal 1  -~ai.Rta4~R-retain all supporting data used to make this

determination on-site in the generator’s files. If a generator

determines whether the waste is restricted based on testing the

waste or an extract developed using the test method described in

Appendix A, the generator shall retain all waste analysis data

on site in the generator’s files.

6) Generators shal

1 retain on-site 

a copy of

all notices,

certifications, demonstrations, waste analysis data and other

documentation produced pursuant to this Section for at least

date that the waste that is the subject of

such documentation was last sent to on—site or off—site

treatment storage or disposal. The five year record retention

period is automatically extended during the course of any

unresolved enforcement action regarding the regulated activity

or as requested by the Agency.

b) Treatment facilities shall test their wastes according to the

frequency specified in their waste analysis plans as required by 35

Ill. Adin. Code 724.113 or 725.113. Such testing must be performed as

provided in subsections (b)(1), (b)(2) and (b)(3).

~J For wastes with treatment standards expressed as concentrations

in the waste extract (Section 728.141), the owner or operator of

tne treatment facility shall test the treatment residues or an

extract of such residues developed using the test method

described in Appendix A to assure that the treatment residues or

extract meet the applicable treatment standards.

99—~87

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

For wastes prohibited under Section 728.132 or 728.139 which are

not subject to any treatment standards under Subpart D, the

owner or operator of the treatment facility —~st—shalltest the

treatment residues according to the generator testing

requir~rnents specified in Section 728.132 to assure that the

treatment residues comply with the applicable prohibitions.

—F9F beth E4~?BffistaAees~es?c~be~abeve~s~ehtest4n~i~stbe

~

aceep A~te the ~eq~eaey spee~~e~

4i~ the ~ae4~44ty~.s

waste aRa~ys4s~I.aR as ~eq~*4~~edby 3$ I-Prr A?4m~Ge~e ~24~1r3e~

Z2~~fl3rWher~e the tceatn~eRt Fes4ä&es de Re~eeR~Iywith the

tFeatR~eRtstaRdaPds ei~p~ehibitiens~the tPeatFRent ~ae4l4ty ~+st

ee~pl~ywith the Aet+ee PeqEiH~eI~eRtsapp~4ea~3ete ~eAeFateFs+c~

sl~bseet+eR 4a~4~44 the tPeat~eAtpes4d~eswifl~be ~~the~

Rianaged at a d~4~eFeAttFeatR~eRt~aei-~ty~-

~j For wastes with treatment standards expressed as concentrations

in the waste (Section 728.143), the owner or operator of the

treatment facility shall test the treatment residues (not an

extract of such residues) to assure that the treatment residues

meet the applicable treatment standards.

4)

A notice must be sent to the land disposal facility which

includes the following information:

A) USEPA Hazardous Waste Number;

8) The corresponding treatment standards and all applicable

prohibitions set forth in Section 728.132 or 728.139.

C) The manifest number associated with the shipment of waste;

and

0) Waste analysis data, where available.

2   5)  The treatment facility shall submit a certification with each

shipment of waste or treatment residue of a restricted waste to

the land disposal facility stating that the waste or treatment

residue has been treated in compliance with the treatment

standards specified in Subpart 0 and the applicable prohibitions

set forth in Section 728.132 or 728.139.

A)  For wastes with treatment standards expressed as

concentrations in the waste extract

or in the waste

(Sections 728.141 or 728.143), or for wastes prohibited

under Section 728.132 or 728.139 which are not subject to

any treatment standards under Subpart 0, the certification

must be signed by an authorized representative and must

state the following:

99—688

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

I certify under penalty of law that I have personally

examined and am familiar with the treatment technology

and operation of the treatment process used to support

this certification and that, based on my inquiry of

those individuals immediately responsible for

obtaining this 

information,

I bel ieve that the

treatment process has been operated and maintained

properly so as to comply with the performance levels

specified in 35 Ill. Adin. Code 728.Subpart D and all

applicable prohibitions set forth in 35 Ill. Adm. Code

728.132 or 728.139 or section 3004(d) of tne Resource

Conservation and Recovery Act without diljtion of the

prohibited waste. I am aware that there are

significant penal ties for submitting a false

certification, including the possibility of fine and

impri sonment.

B)  For wastes with treatment standards expressed as

technologies (Section 728.142), the certification must be

signed by an authorized representative and must state the

following:

I certify under penalty of law that the waste has been

treated in accordance with the requirements of 35 Ill.

Adm. Code 728.142. I am aware that there are

significant penalties fo~submitting a false

certification, including the possibility of fine and

ilapri sonment.

5)  If the waste or treatment residue will 

~e further managed at a

different treatment or storage facility, the treatment, storage

or disposal facility sending the waste or treatment residue off-

site must comply with the notice and certification re9uirements

a~licableto generators under this Section.

7) For wastes that are subject to the prohibitions under Section

728.133(f) and are not subject to the prohibitions set forth in

Section 728.132, with each shipment of such waste the owner or

qperator shall notify any subsequent treatment, stora9e or

disposal facility in writing, of any applicable prohibitions in

writing, of any applicable prohibitions set forth in Section

728.133(fJ. The notice must include the following information:

~ USEPA hazardous waste number

pj The applicable prohibitions set forth in Section

728.133(f)

9 9—689

ILLINOIS REGiSTER

POLLUTiON CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

~j The manifest number associated with the shipment of waste;

and

~j Waste analysis data, where available.

~j Where the wastes are recyclable materials used in a manner

constituting disposal subject to the provisions of 35 Ill. Adrn.

Code 726.120(b), the owner or oeprator of a treatment facflity

(the recycler) is not required to notify the receiving facility

pursuant to subsection (b)(4). With each shipment of such

wastes the owner or operator of the recycling facilfty shall

submit a certification described in subsection (b)(51, and a

notice which includes the information listed in subsection

(b)(4) (except the manifest number) to the Agency. The

recycling facility also shal keep records of the name and

location of each entity receiving the hazardous waste-derfved

product.

c)  The owner or operator of any land disposal facility disposing any

waste subject to restrictions under this Part shall— have ~eee~~sof

the Reti~ee a~deept+c+eat+eA s~eei4iediA e4the~S~b5eeti$R ~a4e~

~b~r

~e BWR~F e~e~eFateFof the ~aRddispesa1~ fae~ityshal4 test

the waste ~p ~ extfaet of the waste deve~e~edHsiRg the test ~iethed

dese~4bed 4n AppeRd4M A1 OF US+A~ 

a~y~etheds Fe~84f~ede~geReFatePs

uRdeF Section Z2Sv~32~to ass~~ethat the wastes e~tFeatn~eRt

Fesid8es a~e4n~ een~p~ianeewith the a~14eab~etFeat~eAtstandaFds

set ~eFth in S~b~a~t~ aAd afl~ ap~1ieabI~epFehib4tieRs set ~e~thiR

Section ~28~~32OF 728~~39~S~*eh test4A~shal4 be peF~eP~Red

aeeeFd4A~to

the fFeq~eReyspee444ed iA 

the ~aei44ty.Ls waste aRa~ys+s

p~anas i~e~4~edby 3$ 

H4r

Ad~Gede ~24r1~3

OF

~2T?d3r:

Have copies of the notice and certification specified in

subsection (a) or (b), and the certification specified in

Section 728.108 if applicable.

2)  Test the waste, or an extract of the waste or treatment residue

developed using the test method described in Appendix A or using

~ methods required by generators under Section 728.132, to

assure that the wastes or treatment residues are in compliance

with the applicable treatment standards set forth in Subp~rtD

and

all a~ojicabl~p~ohibI 

tions set

forth in Sections 728.132 or

728.139. Suc~~

must be p

forned 

according to the

TF~~i~cyspecified in the facility’s waste analysis plan as

required by 35 Iii. 

Adm.

Code 724.113 or 725.113.

~ Where the owner or operator is disposing of any waste that is

subject to the prohibitions under Section 728. 133(f) but not

99—690

ILLINOIS REGiSTER

POLLUTION CONTROL BOARD

NOT1 CE OF PROPOSED AMENDMENTS

subject to the prohibitions set forth in Section 728.132, the

owner or operation shall ensure that such waste is the subject

of a certification according to the requirements of Section

728.108 prior 

to disp_psal ma

landfill or surface impoundment

unit, and that such disposal is in accordance with the

~~yirenentsof Section 728.1O5(h)(2). The same requirement

a~pliestoa~y~~jhatis subject to the prohibitions under

Section 728.133(f) and al so is subject to the   

tar

Lrohibitions in the codified prohibitions in Section 728.139 or

Section 728.132

(Source: Amended at 13 Ill. Reg.   

effective         

)

Section 728.108  Landfill and Surface IrnpoundmentDi~p~salRestrictions

The Board incorpo~~_~yreference 40 CFR 268.8, as_adopted at 53 Fed. Reg.

31211, August 17, 1988. Prior to May 8, 1990, wastes which are otherwise

prohibited from ~   

sal under Section 728.133frT~~be disposed in a

landfill or surface impound~entwhich is

in complT~i~~withthe requirements

of 40 CFR 268.5(h)(2), provided the requirements of 40 CFR 268.8 are met.

(Source: Added at 13 Ill. Reg.   

, effective

SUBPART C: PROHIBITION ON LAND DISPOSAL

Section 728.130  Waste Specific Prohibitions 

Solvent Wastes

a) The spent solvent wastes specified in 35 Ill. Adm. Code 721.131 as

USEPA Hazardous Waste Nos. FOOl, FOO2, FOO3, FOO4 and FOO5 are

prohibited under this Part from land disposal (except in an injection

well) unless one or more of the follo~.ring conditions apply:

1) The generator of

the solvent waste is a small quantity generator

of 100 to 1Q00 kilograms of hazardous waste per month; or

2) The solvent waste is generated from any response action taken

under CERCLA or from RCRA corrective action except where the

waste is contaminated soil or debris— Ret s~~eetto 3$ 14~

Ad~~ede

7G2~7Q~aRd 729 thFe~h726~OP 

49 G~R 260 th~e~h

279 4~986~~Rtil

Neve~be~8~~988-;or

3)  The initial generators solvent waste is a solvent-water

mixture, solvent—containing sludge or solid, or solvent-

contaminated soil (non-CERCLA or non—RCRA corrective action)

containing less than 1 percent total FOOl through F005 solvent

constituents listed in Table A— of Section 728~4~4~—.

4) The solvent waste is a residue from treating a waste described

99—69 1

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

in subsections (a)(1), (a)(2) or (a)(3); or the solvent waste

is a residue from treating a waste not described in subsections

(a)(1), (a)(2) or (a)(3) provided such residue belongs to a

different treatability group than the waste as initially

generated and wastes belonging to such treatability group are

described in subsection (a)(3).

b)  -Effe?t4ve #eve~bep8~1~988T t—The FOOl through F005 solvent wastes

listed in subsections (a)(1), (~)(2), —e~—(a)(3) 

~~J_

are

prohibited from land disposal. -Between ~even~bec8; ~986~and

Neven~be~8~1~9S81wastes ~ne1~ided4n s~bseet4eAs ~a4~~1 4a~24ec

~a~34 n~ay be d4spesed of  a ~andffl4oF s~~aee+~pe~R~PeRtenl~y

*f the fae444ty 4s 4n ee~p~4aReewith the Feq~+Fe~leAtsspee~f~ed~n

Seet+eA 728~~9~h~23r—

~j Effective November 8, 1990, the FOOl through F005 solvent wastes

which are contaminated soil and debris resulting from a CERCLA

response or RCRA corrective action or the residue from treatment of

these wastes are prohibited from land disposal. Until November 8,

1990, these waste may be disposed in a landfill or surface

impoundment only if such unit is in compliance with tthe requirements

specified in 40 CFR 268.5(h)(2), incorporated by reference in Section

728.105.

e d) The requirements of subsections (a), —and —(b) and (c) do not apply

if:

1)  The wastes meet the standards of Subpart D; or

Persons have been granted an exemption

from a prohibi tion

pursuant to a petition under Section 728.106, with respect to

those wastes and units covered by the petition; or

3) Persons have been granted an extension to the effective date of

a prohibition pursuant to Section 728.105, with respect to those

wastes and units covered by the extension.

(Source: Amended at 13 Iii. Peg.   

, effective

Section 

728.131

Waste Specific Prohibitions 

——

Dioxin—

Contaiping Wastes

The dioxin—containing wastes specified in 35 Ill. ACm. Coic 721.131

as USEPA Hazardous Waste Numbers F020, F021, F022, F023, F026, F027

and F028 are prohibited from land disposal, unless the following

condition applies: The dioxin-containing waste is contaminated soil

and debris resulting from a CERCLA response or a RCRA corrective

action.

99—692

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

b4 ~he Pe~+Fe~HeRtsof 

s~bseet~en4a4 do net app’y

i$~

~4

~he wastes meet the

standards of S~bpa~tI~

~

ReFSOAS 

have been ~~anted an exeFn~t+eR fFeH~a ~~ehth+t+en

~~s~ant to a petFtReA ~nde~Seet4en 728~~Q6~w4th Fespeet to

these wastes and ~n~tseeve~edby the ~eti~t4ente~

~ Pei~sens 

have been

~~antedan exteRsR-eR fPeR4 the 

effeet~vedate

a p~eh+b+t+enpHFs~antto Seet4en 728~~8~~w4th Pespeet to

these wastes and ~n+tseeve~edby 

the e)~teRs~enr—

~j USEPA Hazardous Waste Numbers FO2O, F021, FO22, FO23, FO26, FO27 and

FO28, dioxin-containing waste which is contaminated soil and debris

resulting from a CERCLA r~p~nseor a RCRA corrective action listed

in subsection (a) are prohibited from land disposal.

c)  —Between t4even~bep8~~.986~and Neven~be~8~~9881-UntilNovember 8,

1990, wastes included in subsection (—a—b) may be disposed of in a

landfill or surface impoundment only if the facility is in compliance

with the requirements specified in 40 CFR 268.5(h)(2)—41987~—,

incorporated by reference in Section 728.105, and all other

applicable requirements of 35 Ill. Adm. Code 724 and 725.

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

1) The wastes meet the standards of Subpart D; or,

2)  Persons have been ~ranted an exemption from a prohibition

~ursuantto a petition under Section 728.106, with respect to

those 

wastes and units

covered by the petition; or

3)  Persons have been granted an extension from the effective date

of a prohibition pursuant 

to Section 728.105, with respect to

those 

wastes and units

covered by the extension.

(Source: Amended at 13 Ill. Peg.   

, effective

Section 728. 132  Waste Specific Prohibitions —— California List Wastes

The following hazardous wastes are prohibited from land disposal

(except in injection wells):

1)  Liquid hazardous wastes having a pH less than or equal to two

(2.0);

2)  Liquid hazardous wastes containing PCBs at concentrations

99—693

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

greater than or equal to 50 ppm;

3) Liquid hazardous wastes that are primarily water and contain

halogenated organic compounds (HOCs) in total concentration

greater than or equal to 1000 mg/i and less than 10,000 mg/l

HOCs.

d) The requirements of subsection (a) and (e) do not apply until:

jJ November 

8, —1.988—1989

where the wastes are contaminated soil or

debris resulting from a CERCLA response action —taken ~inde~

Seet+en 1.94 op 

196 of

G~P&6A~-or from RCRA corrective action,

as defined in Section 728.102. Until July 8, 1989, the wastes

may be disposed of in a landfill or surface impoundment only if

such disposal is in com_pliance with the requirements in 40 CFR

268.5(h)(2), incorporated ~y reference in Section 728.105.

~ November 8, 1990 where the wastes are contaminated soil or

debris resulting from a CERCLA response action or RCRA

corrective action. Until November 8, 1990, the wastes may be

disposed in a landfill or surface impoundment only if such unit

is in compiance with the requirements specified in 40 CFR

268.5(h)(2),

incorporated by reference in Section 

728.105.

e) —~ffeet4veJ~4y8~1.989w

t—The following hazardous wastes are

prohibited from 

land

disposal (subject to any regulation that may be

promulgated with respect to disposal in injection wells):

1) Liquid hazardous wastes that contain HOCs in total concentration

greater than or equal to 1000 rng/l and are not prohibited under

subsection (a)(3); and

2) Nonliquid hazardous wastes containing HOCs in total

concentration greater than or equal to 1000 mg/kg and which are

no~wastes described in subsection (d).

f)  -Ynt~~4y 8~1.989~ t—The wastes described in subsections (e)(1) and

(e)(2) may be disposed of in a landfill or surface impoundment only

if the facility is in compliance with the requirements specified in

40 CFR 268.5(h)(2), incorporated by reference in Section 728.105.

g)  The re~uirewentsof subsections (a) ~ and (e) do not apply if:

1) Persons have been granted an adjusted standard from a

prohibition pursuant to a petition under Section 728.106, with

respect to those wastes and units covered by the petition

(except for liquid hazardous wastes containing PCBs at

concentrations greater than or equal to 500 ppm which are not

99—694

—

iLLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

eligible for exemptions); or,

2)  Persons have been granted an extension to the effective date of

a prohibition pursuant to Section 728.105, with respect to those

wastes covered by the extension; or

The wastes meet the applicable standards specified in Subpart D

or, where treatment standards are not specified, the wastes are

in compliance with the applicable prohibitions set forth in this

Section or Section 728.139.

The prohibitions and effective dates specified in subsections (a)(3),

(d) and (e) do not apply where the waste is subject to a Subpart C

prohibition and effective date for a specified HOC (such as a

hazardous waste chlorinated solvent, see e.g. Section 728.130(a)).

1)  To determine whether or not a waste ‘is 

a liquid under subsections (a)

or (e) or under Section 728.139, the following test must be used:

Method 9095 (Paint Filter Liquids Test), as described in ‘Test

Methods for Evaluating Solid Wastes”, incorporated by reference in 35

Ill. Adni. Code 720.111.

j) Except as otherwise provided in this subsection, the waste analysis

and recordkeeping requi rements of Section 728. 107 are appl icable to

wastes prohibited under this Part or Section 723.139:

1) The initial generator of a liquid hazardous waste

—n~st—shall

test the waste (not an extract or filtrate) in accordance with

the procedures specified in 35 Ill. Adrn. Code 721.122(a)(1), or

use

knowledge of the waste, to determine if the waste has a pH

less than or equal to two (2.0). If the liquid waste has a

pH

less than or equal to two (2.0), it is restricted from land

disposal and all requirements of this Part are applicable,

except as otherwise specified in this Section.

The initial generator of either a liquid hazardous waste

containing PCBs or a liquid or nonliquid hazardous waste

containing HOCs —~st—shall test the waste (not an extract or

filtrate), or use knowledge of the waste, to determine whether

the concentration levels in the waste equal or exceed the

prohibition levels specified in this Section. If the

concentration of PCBs or HOCs in the waste is greater than or

equal to the prohibition levels specified in triis Section. the

waste is restricted from land disposal and all requirements of

this Part are applicable, except as otherwise specified in this

Section.

(Source: Amended at 13 Ill. Peg.   

, effective

9—6n5

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Section 728.133  Waste Specific Prohibitions 

—-

First Third Wastes

~j The wastes specified in 35 Ill. Adm. Code 721.132 as 

USEPA

hazardous

wastes numbers lfsted below are prohibited from land disposal (exc~,2~

in an infection welT). Until August 7, 1990, KO61 wastes containing~

15 zinc or greater are prohibited from land disposal pursuant to the

treatment standards specified in Section 728.141 applicable to KO61

wastes that contain less than 15 zinc.

FOO6 (nonwastewaterj

KU 01

K004 nonwastewater

K008 nonwastewater

K015

K016

K 018

K019

KO2U

K02f (nonwastewater

iU~22 (nonwastewater

K024

K025

K 030

K036 (nonwastewater)

K 037

K044

KO45 nonexplosive

on~aste~ter)

K 047

(nonwastewater)

i~O31 (nonwastewaters containing less than 15 zincj

KO62KO69 non

nonwastewaterCaSO4

K083 nonwastewater

K086 solvent washes),

K087

K099

K100

K101

K 102

1(103

K 104

j~) Effe~ç~j~e~uust8, 1990, the wastes specified in 35 Ill. Adia. Code

721.132 as USEPA Hazardous Waste Nos. 

KO48,

KO49, K050, K051, K052,

KO61 (containing 15 zinc or greater), and K071 are prohibited fro:ii

land disposal.

99— 696

ILLINOIS REGISTER

POLLUTiON CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

,~J Effective August 8, 1990, the wastes specified in Section 728.110

having a treatment standard in Subpart D based on incineration and

which are contaminated soil and debris are prohibited from land

disposal.

~j Until 

August 8, 1990, wastes included in subsection (b) and (c) may

be disposed of in a landfill or

surface impoundment only 

if such unit

isin compliance with the requirements specified in 40 CFR

268.5(h)(2), incorporated by reference in Section 728.105.

~ The requirements of subsection (a), (b), (c) and 

(d) do

not a~ppjyif:

1)  The wastes meet the applicable standards specified in Subpart 9

or

2)  Persons have been granted an adjusted standard pursuant to

Section 728.106, with respect to those wastes and units covered

by the petition; or

3)  Persons have been granted an extension to the effective date of

a~t~ibitionpursuant to Section 728.105, with respect to those

wastes covered by the extension.

,fl

Until 

May 8,

1990, the wastes specified in Section 728.110 for which

treatment standards under Subpart 0 are not applicable, including

those wastes which are subject to the statutory prohibitions of

Section 728.139 or codified prohibitions under Section 728.132, but

not

md uding wastes subject to a treatment standard under Section

728.142, are prohibited from disposal in a landfill or surface

j~poundmentunless the wastes are the subject of a valid

demonstration and certification pursuant to Section 728.108.

~j To determine whether a hazardous waste listed in Section 728.110

exceeds the applicable tratment standards specified in Sections

728.131 and 728.143, 

the

initial generator shall test a

representative sample of the waste extract of the entire waste

4~,pending on whether the treatment standards are expressed as

concentrations in the waste extract or the waste. If the waste

contains constituents in excess of the applicable Subpart D levels,

the waste is prohibited

from land disposal 

and all requirements of

this Part are applicable except as otherwise specified.

(Source: Added at 13 Ill. Peg.   

,  effective

SUBPART D: TREATMENT STANDARDS

Section 728.140  Applicability of Treatment Standards

99—69 7

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

a) A restricted waste identified in —this Sabpa~t—Section728.141 may be

land disposed without further treatment only if an extract of the

waste or of the treatment residue of the waste developed using the

test method Appendix A does not exceed the value shown in Table A -of

~eet4en728~1.41— for any hazardous constituent listed in Table A for

that waste. —A ~est~~etedwaste fe~wh~eha tpeatn~entteehne4e~y 4~s

spee4f4ed ~nde~Seeti~en 328~1.424a~~ay ~e land d~spesedafter 1t ~s

tFeated ws4~gthat speeif4ed teehnele~ye~an eq~*valentt~eatn~ent

~nethodapp~eved&nde~the p~eeeth~~esset fe~thi~n Seet4en

~28T142b~r

b) A restricted waste for which a treatment technology is specified

under Section 728.142(a) may be land disposed after it is treated

using that specified technology or an equivalent treatment method

approved by the Agency under the procedures set forth in Section

728.142(b).

j~ A restricted waste identified in Section 728.143 may be land disposed

only if the constituent concentrations in the waste or treatment

reside of the waste do not exceed the value shown in Table B for any

hazardous constituent listed in Table B for that waste.

(Source: Amended at 13 111. Reg.   

, effective         

)

Section 728.142  Treatment Standards expressed as Specified Technologies

a)  The following wastes must be treated using the identified technology

or technologies,

or an equivalent method approved under subsection

(b).

1)  Liquid hazardous wastes containing PCBs at concentrations

greater than or equal to 50 ppm but less than 500 ppm must be

incinerated in accordance with technical requirements at 40 CFR

761.70, incorporated by reference in 35 111. Adm. Code 720.111,

or burned in high efficiency boilers in accordance with the

technical requirements of 40 CFR 761.60. Liquid hazardous

wastes containing PC8s at concentrations greater than or equal

to 500 ppm must be incinerated in accordance with the technical

requirements of 40 CFR 761.70. Thermal treatment in accordance

with this Section must be in compliance with applicable

regulations in 35 Ill. Adm. Code 

724, 725

and

726.

2) Nonliquid hazardous wastes containing halogenated organic

compounds (HOCs) in total concentrations greater than or equal

to 1000 mg/kg and liquid HOC-containing wastes thdt are

prohibited under Section 728.132(e)(1) must be incinerated in

accordance with the requirements of 35 Ill. Adm. Code

99—698

ILLINOIS REGISTER

POLLUTiON CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

724.Subpart 0 or 35 Ill. Adm. Code 725.Subpart 0, or

in boilers

or industrial 

furnaces

burning_jn accordance with applicable

~u1atory_standards.These 

treatment standards do not apply

where the waste is subject to a Subpart C treatment standard for

a specific HOC (such as a hazardous waste chlorinated solvent

for which a treatment standard is established under Section

728.141(a)).

b)  Any person may submit 

an application to the

Agency demonstrating that

an alternative treatment method can achieve a level of performdnce

equivalent to that achievable by methods specified in subsection

(a). The applicant shall submit information demonstrating that the

applicant’s treatment method is in compliance with federal and state

requirements, including this Part, 35 Ill. Adm. Code 709, 724, 725,

726 and 729 and Sections 22.6 and 39(h) of the Environmental

Protection Act (Ill. Rev. Stat. 1985, ch. 111 1/2, pars. 1022.6 and

1039(h)), and is protective of human health or the environment. On

the basis of such information and any other available information,

the Agency shall approve the use of the alternative treatment method

the

Agency finds that the alternative treatment method provides a

measure of performance equivalent to that achieved by methods

specified in subsection (a). Any approval must be stated in 

writing

and may contain such provisions and conditions as the Agency

determines to he appropriate. The person to whom such certification

is issued shall comply with all limitations contained in such

determi nati on.

(Source: Amended at 13 Ill. Peg.

,

effective

Section 728.143

Treatment 

Standards,~

,ressedas 

Waste Concentrations

Table B identifies 

the restricted wastes

and concentrations of their

associated hazardous constituents which must not be exceeded by the

waste or treatment residual (not 

an extract of such waste or

treatment residual) for the allowable

land dispô’sal of such waste or

residual

b)  When wastes with different treatment standards for a constituent of

concern are combine~ 

,uroses of treatment, the treatment residue

must

meet the 

lowest

treatment standard for the constituent of

concern.

(Source: Added at 13 Ill. Peg.

, effective

Section 728.144

Adjustment of Treatment Standard

a)  Where the treatment standard is expressed as a concentration in a

waste or waste extract

and

a waste cannot be treated to the specified

99—6

Q.

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

level, or where the treatment technology is not appropriate to the

waste, the generator or treatment facility may petition the Board for

an adjusted treatment standard. As justification, the petitioner

shall demonstrate that, because the physical or chemical properties

of the waste differ significantly from wastes analyzed in developing

the treatment standard, the waste cannot be treated to specified

levels or by the specified methods.

b) Each petition must be submitted in accordance with the procedures in

35 Ill. Adm. Code 106.

c) Each petition must include the following 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 ininediately responsible for obtaining the

information, I believe that the 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.

d) After receiving a petition for adjustment of a treatment standard,

the Board may request any additional information or samples which are

necessary to evaluate the petition.

e) The Board will give public notice and provide an opportunity for

public comment, as provided in 35 Ill. Adm. Code 106. The final

decision on an adjusted treatment standard will be published in the

Environmental Register.

f) A generator, treatment facility or disposal facility that is managing

a waste covered by an adjusted treatment standard shall comply with

the waste analysis requirements for restricted wastes found under

Section 728.107.

g) During the petition review process, the applicant is required to

comply with all restrictions on land disposal under this Part once

the effective date for the waste has been reached.

~ Where the treatment standard isexp ressed asaconcentratLon I 

waste or waste extract and a waste generated under conditions

~p~cificto only one site cahnot be treated to the_~pecified level

or where treatment technology is not appropriate to the waste, the

generator or treatment facility may petition the Board for a site-

~p~cificadjusted standard. The petitioner shall demonstrate that,

because the physical or chemical properties of the waste differs

99—700

ILLINOIS REGISTER

POLLUTiON CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

significantly from the waste analyzed in developing the treatment

standard, the waste cannot be treated to specified levels or by the

~~cified

methods.

i)  Each petition fora site—specific adjusted standard must include the

information in 40 CFR 2~O.2O(b)(1)through ~b)(4),incorporated by

reference in 35 Ill. Adm. Code 720.111.

j) After receiving a petition for

a site—specific adjusted standard, the

Board

may r~iesta~additional information or samples which the

Board determines are necessary to evaluate the application.

k)  ~~enerator,treatment facility or-disposal facilJ!~which is

managing a waste covered by a site—specific adjusted standard from a

treatment 

standard shall comply with

the waste analysis requirements

for restricted wastes in Section 728.107.

jJ During the petition review process, the petitioner for a site-

,~pecificadjusted stand’~dshall comply with all restrictions on land

disposal under this

~Ft once the 

effective date for the waste has

been reached.

(Source: Amended at 13 il’l.. Rey.   

,  effective         

)

SUBPART E: PROHIBITIONS ON 

STORAGE

Section 728.150  Prohibitions on Storage of Restricted Wastes

a) Except as provided in this Section, the storage of hazardous wastes

restricted from land disposal under Subpart C is prohibited, unless

the following conditions are met:

A generator stores such wastes in tanks or containers on—site

solely for the purpose of the accumulation of such quantities of

hazardous waste as necessary to facilitate proper recovery,

treatment or disposal and the generator complies with the

requirements in 35 Ill. Adm. Code 722.134. (A generator who is

in existence on the effective date of a regulation under this

Part and who

must 

store hazardous wastes for longer than 90 days

due to the regulations under this Part becomes an owner or

operator of a storage facility and must obtain a RCRA permit, as

required by 35 Ill. Adm. Code 703. Such a facility may qualify

for interim status upon compliance with the regulations

governing interim status under 35 Ill. Adni. Code 703.153).

2) Pm 

owner or operator of a hazardous

waste treatment, storage or

disposal facility stores such wastes in tanks or containers

solely for the purpose of the accumulation of such quantities of

99701

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE

OF PROPOSED AMENDMENTS

hazardous waste as necessary to facilitate proper recovery,

treatment or disposal and

A) Each container is clearly marked to identify its contents

and the date each period of accumulation begins;

B) Each tank is clearly marked with a description of its

contents, the quantity of each hazardous waste received and

the date each period of accumulation begins, or such

information is recorded and maintained in the operating

record at the facility. Regardless of whether the tank

itself is marked, the owner and operator shall comply with

the operating record requirements of 35 Ill. Adm. Code

724.173 or 725.173.

3)  A transporter stores manifested shipments of such wastes at a

transfer facility for 10 days or less.

b) An owner or operator of a treatment, storage or disposal facility may

store such wastes for up to one year unless the Agency can

demonstrate that such storage was not solely for the purpose of

accumulation of such quantities of hazardous waste as are necessary

to facilitate proper recovery, treatment or disposal.

c) An owner or operator of a treatment, storage or disposal facility may

store such wastes beyond one year; however, the owner or operator

bears the burden of proving that such storage was solely for the

purpose of accumulation of such quantities of hazardous waste as are

necessary to facilitate proper recovery, treatment or disposal.

d)

The

prohibition in subsection (a) does not apply to the wastes which

are the subject of an approved petition under Section 728.106, a

nationwide variance contained in Subpart C,— e~—an approved case-by-

case extension under Section 728.105 or a valid certification under

Section 728.108.

e) The prohibition in subsection (a) does not apply to hazardous wastes

that meet the treatment standards specified under Sections 728.141,

728.142 and 728.143 or the adjusted treatment standards specified

under Section 728.144, or, where treatment standards have not been

specified, is in. compliance with the applicable prohibitions

specified in Section 728.132 or 728.139.

f) Liquid hazardous wastes containing PCBs at concentrations greater

than or equal to 50 ppm must be stored at a facility that meets the

requirements of 40 CFR 761.65(b), incorporated by reference in 35

Ill. Adm. Code 720.111, and must be removed from storage and treated

or disposed as required by the Part within one year of the date when

99—702

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED 

AMENDMENTS

such wastes are first placed into storage. The provisions of

subsection (c) do not apply to such PCB wastes prohbited under

ection 728.132.

(Source: Amended at 13 Ill. Peg.

,

effective

Table A Constituent Concentrations in Waste Extract (CCWE)

Concentration (in mg/L)

FOOl -— F005 

Spent Solvents

Wastewaters

All other

containing  

spent

spent     

solvent

solvents

wastes

Acetone                

3.05     

0.59

n-Butyl alcohol             

5.0

5.0

Carbon disulfide

1.05

4.81

Carbon tetrachloride          

0.05     

0.96

Cnlorobenzene             

0.15     

0.05

Cresols (and cresylic acid)       

2.82     

0.75

Cyclohexanone             

0.125     

0.75

1,2—Dicnlorobenzene          

0.65     

0.125

Ethyl acetate

0.05

0.75

Ethylhenzene              

0.05     

0.053

Ethyl ether

0.05

0.75

Isobutanol                

5.0

5.0

Methanol

0.25

0.75

~1ethylenechloride

0.20

0.96

-~ethy1eneehlet~*de ~  the

~ha~~aee~*t4ea4nd~st~y4    

12~7

Methyl ethyl ketone

0.05

0.75

Methyl isobutyl ketone

0.05

0.33

Nitrobenzene

0.66

0.125

Pyridine                

1.12     

0.33

Tetrachloroethylene          

0.079    

0.05

Toluene

1.12

0.33

1,1,1—Trichloroethane         

1.05     

0.41

1,1,2—Trichloro—1,2,2—trifluoroethane 1.05     

0.96

Tricaloroethylene           

0.062     

0.091

Trichlorofluoromethane         

0.05     

0.96

Xylene

0.05

0.15

99—703

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

F006 nonwastewaters (see also Table B)

Concentration

(in mg/L)

Cadmium                            

0.066

Chromium (Total)                         

5.2

Lead                              

0.51

Nickel                              

0.32

Silver                             

0.72

~~iiides (Total

)

Reserved

FO2O -— F023 and F026 

——

FO28               

Concentration

Dioxin Containing Wastes                  

(Maximum)

HxCDD 

—— All

Hexachlorodibenzo-p-dioxins          

1 ppb

HxCDF -- All Hexachlorodibenzofurans            

1 ppb

PeCDD -- All Pentachlorodibenzo-p-dioxins         

1 ppb

PeCDF —- All Pentachlorodibenzofurans           

1 ppb

TCDD 

-- All

Tetrachlorodibenzo-p-dioxins         

I ppb

TCDF —- All Tetrachlorodibenzofurans           

1 ppb

2,4,5—Trichiorophenol                   

0.05 ppm

2,4,6-Trichlorophenol                   

0.05 ppm

2,3,4,6-Tetrachlorophenol                 

0.10 

ppm

Pentachlorophenol

0.01

ppm

KOO1 nonwastewaters (see also Table BI

Concentrat ion

(in my/L)

Lead                              

0.51

K022 nonwastewaters (see also Table B)

Concentrati on

(in mj/L)

Chromium 

(Total)

5.2

Nickel                              

0.32

99—704

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE 

OF PROPOSED AMENDMENTS

KO46 nonwastewaters (Nonreactive Suhcategoryj

Lead

Concentration

~mg/L

0.18

KO48, KO49, KO5O, K051 and K052 nonwastewaters (see also Table B)

Arsenic

Chromium (Total)

Nickel

Seleni

urn

Concentration

(in mg/L)

0.004

1.7

0.048

0.025

K06l nonwastewaters (Low Zinc Subcategory—less than 15 total zinc)

Cadmi urn

Chromium (Total

Lead

Nickel

KO6lnonwastewaters (High Zinc Subcategory—15

effective until 8/3/90

Concentrati on

0. 14

5.2

0.24

0.32

or greater total zinc)

Cadmi urn

Chromium 

(Total

Lead

Nickel

K062 nonwastewaters

Concentrati on

fin rng/L)

0.14

5.2

0.24

0.32

~otal

Concentrati on

(in ng/L)

0.094

Lead

0.37

99—705

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE 

OF PROPOSED AMENDMENTS

KO71 nonwastewaters

Concentration

Tf~rng/L)

Mercury                            

0.025

KOB6 nonwastewaters (Solvent Washes Subcategory) see also Table B

Concentration

mg/L)

Chromium (Total)                         

0.094

Lead                              

0.37

K087 nonwastewaters (see also Table B)

Concentration

Lead

TT~7T~

0.51

K1OI and K102 nonwastewaters (Low Arsenic Subcategory-less than 1 Total

Arsenic) (see also Table B)

Concentrati on

(in mg/L)

Cadmium                           

0.066

Chromium (Total)                         

5.2

Lead

0.51

Nickel                              

0.32

(Source: Amended at 13 Ill. Peg.   

, effective          

)

Section 728.Table B   

Constituent Concentrations in Waste (CC~j

FOOl, F002, F003, F004 and FOO5 wastewaters (Pharmaceutical Industryj

Concentration

~7tT~

Methylene 

ch~or~de

0.44

99—706

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

FOO6 nonwastewaters (see also Table A)

Cyanides (Total)

KOOl nonwastewaters (see also Table A)

Concentration

ffn mg/kg)

Reserved

Naphthalene

Pentachl orophenol

Phenanthrene

Pyrene

Tol uene

Xyl enes

Concentration

(in mg/kg)

8.0

37.

8.0

7.3

0.14

0.

KOO1 wastewaters

Concentration

mg/L)

!j~p~thalene

Pentachl orophenol

Phenanthrene

Pyrene

Tol uene

XyI enes

Lead

KOI5 wastewaters

0.15

0.88

0.15

0.14

0.14

0.16

0.037

Concentration

(~in mg/L)

Anthracene

Benzal chloride

Benzo (b or k) fluoranthene

Phenanthrene

Tol uene

Chromium (Total )

1.0

0.28

0.29

0.27

0.15

0.32

Nickel                                

0.44

99—707

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

K016 nonwastewaters

Concentrati on

TTn

mg/kg)

Hexachlorobenzene                       

28.

Hexachlorobutadiene                      

5.6

HexachTorocy~lopentadiene                 

5.6

Hexachloroethane                       

28.

Tetrachioroethene

KO16 wastewaters

Concentration

~Tn mg/L)

Hexachlorobenzene                       

0.033

Tèxachlorobutadiene                       

0.007

Hexachlorocyclopentadierie                    

O.007

Hexachioroethane                       

0.033

Tetrachioroethene                       

0.007

KO18 nonwastewaters

Concentrati on

(in mg/kg)

Chloroethane

1,l-Dich1oi~thane

1,2—Oichloroethane

Hexachlorobenzene

ftexachlorobutadiene

Texachloroethane                        

28.

Pentachioroethane

T,I,I-Trichloroethane                     

6.0

K018 wastewaters

Concentration

rin mg/L)

Chloroethane

0.07

Cnl oro~i~ii~i~               

0. OU1

~1-Dichloi~~Yhane

I,2—Dichloroethane                      

0.007

Hexachlorobenzene

Hexachlorobutadiene                     

0.007

Pentachloroethane

99—708

ILLINOIS REGISTER

1,1 ,1—Tri chloroethane

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

0.007

KO19 nonwastewaters

Bis(2—chloroethyl )ether

Chlorobenzene

Chl oroform

1, 2—Di chioroethane

Hexachl oroethane

Naphthal ene

P hen ant h re ne

Tetrachloroethene

1,2, 4-Trichlorobenzene

1,1, 1—Tn chloroethane

Concentrati on

(in mg/kg)

5.6

6.0

6.0

6.0

28.

5.6

5.6

6.0

19.

6.0

KO19 wastewaters

Bis(2—chloroethyl )ether

Chlorobenzene

Chloroform

p~Dichlorobenzene

1,2-Di chi oroethane

Fluorene

Hexachl oroethane

Naphthalene

Phenanthrene

1,2,4, 5—Tetrachlorobenzene

Tetrachl oroethene

1,2,4-Tn chlorobenzene

1,1 ,l—Trichl oroethane

KO2O nonwastewaters

Concentrati on

~Tfmg/L)

0.007

0.006

0.007

0.008

0.007

0.007

0.033

0.00 7

0.007

0.017

0.007

0.023

0.007

l,2-Dichl oroethane

1 ,l,2,2—Tetrachloroethane

Tetrachl oroethene

Concentrati on

(in mg/kg)

6.0

5.6

6.0

99—709

ILLINOIS REGISTER

K020 wastewaters

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

1 ,2—Dichl oroethane

1,1 ,2,2—Tetrachloroethane

Tetrachl oroethene

Concentration

(in mg/L)

0.007

0.00 7

0.007

K022 nonwastewaters (see also Table A)

Acetophenone

Sum of Diphenylamine and Diphenylnitrosamine

Phenol

Tol uene

K024 nonwastewaters

Concentrati on

(in mg/kg)

19.

13.

12.

0.034

Phthal ic acid

K024 wastewaters

Concentrati on

(in mg/kg)

28.

Phthalic acid

KO3O nonwastewaters

Concentration

ng/L)

0.54

Hexachl orobutadiene

t-lexachloroethane

Hexachloroprope~ii

Pentachlorobenzene

Pentachi a

roethane

1 ,2,4,5-Tetrachlorob~rizene

~etrachloroethene

1 ,2,4—Trichlorobenzene

Concentration

(in

rig7~)

5.6

28.

19.

2$.

6.0

19.

99—710

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

KO3O wastewaters

Concentrati on

fin rng/L)

o—Dichlorobenzene

0.003

p—Dichlorobenzene                       

0.008

Hexachlorobutadiene

0.007

Hexachloroethane                       

0.033

Pentachloroethane                       

0.007

1,2,4,5-Tetrachlorobenzene

0.017

Tetrachloroethene

0.007

l,2,4—Tnichlorobenzene                     

0.023

KO37 nonwastewaters

Concentration

(in mg/kg)

Disulfoton                           

0.1

Toluene                            

28.

KO37 wastewaters

Concentrati on

~ rng/L)

Disulfoton                           

0.003

Toluene                            

0.028

K048 nonwastewaters (see also Table A)

Concentration

~ mg/kg)

Benzene

9.5

Benzo7~~pyrene

0.84

BI5T2-ethylhexyl )phthal ate

ç~ysene

Di-n-butyl phthalate

Ethylbenzene                         

67.

Naphthalene                       

Reserved

Phenanthrene                          

7.7

Phenol                                

2.7

P~_Toluene

Xylenes                          

Reserved

Cyanides (Total)                          

1.8

99—711

K048 wastewaters

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Benzene

Benzo(a)pyrene

Bi s(2-ethyl hexyl )phthal ate

Chrysene

Di—n—butyl phthalate

Ethyl benzene

Fluorene

Naphthal ene

Phenanthrene

Phenol

Py ren e

Tol uene

~j~s

Chromium (Total )

Lead

Concentration

(in mg/L)

0.011

0.047

0.043

0.043

0.060

0.011

0.050

0.033

0.039

0.047

0.045

0.011

0.011

0.20

0.37

K049 nonwastewaters (see also Table A)

Anth racene

Ben zene

B en (a)

py rene

Bis

(2-ethyl hexyl

)itha late

Naphthal ene

Phenanthrene

Phenol

Pyrene

Tol uene

Xylenes

~yanides(Total)

Concentration

(in mg/kg)

6.2

9.5

0.84

37.

2.2

6.

7.7

2.7

2.0

9.5

Reserved

1.8

K049 wastewaters

Anthracene

Benzen e

Ben (a py nene

Concentrati

on

~/L)

0.039

0.011

0.047

99—712

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Bis(2-ethylhexyl )phthalate                   

0.043

Carbon disulfide                       

0.011

Chryserie                               

0.043

2,4—Dimethyl phenol

0.033

Ethylbenzene

0.011

Naphthalene

0.033

Phenanthrene                         

0.039

Phenol                               

0.047

Pyrene                             

0.045

Toluene                            

0.011

Xylenes                             

0.011

Chromium (Total)

0.20

Lead                              

0.037

KO5O nonwastewaters (see also Table A)

Concentration

(in mg/kg)

Benzo(a)pyrene                        

0.84

Phenol

Cyanides (Total)

1.8

KO5O wastewaters

Concentration

(in mg/L)

Benzo(a)pyrene                        

0.047

Phenol                               

0.047

Chromium (Total)

0.20

Lead                              

0.037

KO51 nonwastewaters (see also Table A)

Concentration

(in mg/kg)

Anthracene

Benzene                             

9.5

Benzo a)anthracene                      

1.4

Benzo a)pyrene                         

p.84

Bis(2-ethylhexyl )phthal ate                    

37.

Chrysene                            

2.2

Di-n-butyl phthalate

4.2

Ethyl benzene

Naphthalene                       

Reserved

Phenanthrene                          

7.7

99—713

ILLINOIS REGISTER

POLLUTiON CONTROL BOARD

NOTICE

OF PROPOSED AMENDMENTS

Phenol                               

2.7

Pyrene                             

2.0

Toluene                            

9.5

Reserved

çy~nides (Total)                         

1.8

K051 wastewaters

Concentration

(in rng/L)

Acenaphthene                          

0.050

Anthracerie                             

0.039

Benzene                            

0.011

Benzo(a)anthracene                      

0.043

Benzo(a)pyrene                        

0.047

Bis(2-ethylhexyl) phthalate                  

0.043

Chrysene

0.043

Di—n-butyl phthal ate                       

0.060

Ethylbenzene                         

0.011

Fluorene                           

0.050

Naphthalene                          

0.033

Phenanthrene                         

0.039

Phenol                              

0.047

Pyrene                             

0.045

Toluene                            

0.011

0.011

Ghrorniurn~Total)                       

0.20

Lead                              

0.037

K052 nonwastewaters (see also Table A)

Conceritrat ion

~ig/kg

Benzene

BenzoTa~pyrene                      

0.84

o-Cresol                            

2.2

0.90

Ethylbenzene                         

67.

N~p~ithalene                   

Reserved

Phenanthrene                         

7.7

Phenol

Toluene                           

9.5

Xylenes                         

Reserved

Cyanides (Total)                         

1.8

99—714

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

K052 wastewaters

Concentration

(in mg/L)

Benzene                             

0.011

Benzo(a)pyrene

0.047

o-Cresol

0011

p-Cresol                              

0.011

2,4-Dirnethyl phenol                         

0.033

Ethylbenzene

0.011

i~p~~alene                

0.033

Phenanthrene                         

0.039

Phenol

0.047

Toluene                            

0.011

~yjenes

0.011

Chromium (Total

)

0.20

Lead

0.037

K062

wastewaters

Concentration

(in ng/L)

Chromium 

(Total)

0.32

Lead                               

0.04

Nickel

0.44

KO71 wastewaters

Concentration

(in mg/L)

Mercury                             

0.030

K086 nonwastewaters-Solvent Washes Subcategory (see also Table A)

Concentration

(in mg/kg)

Acetone

0.37

bis(2-ethylhexyl

)

phthalate

0.49

n—Butyl alcohol

0.37

~xanone                       

0.49

i,2—Dichlorobenzene

0.49

Ethyl acetate

0.37

Ethyl benzene                          

0.031

Methanol

0.37

Methylene chloride

0.037

99—715

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Methyl ethyl ketone                       

0.37

Methyl isobutyl ketone                     

0.37

Naphthalene                          

0.49

Nitrobenzene                         

0.49

Toluene                            

0.031

1,1,1,—Tnichloroethane                    

0.044

Tnichloroethylene                       

0.031

Xylenes                             

0.015

KO86 wastewaters—Solvent Washes Subcategory

Concentrati on

(in ng/L)

Acetone                            

0.015

bis(2-ethylhexyl )phthal ate                    

0.044

n-Butyl alcohol                          

0.031

Cyclohexanone                         

0.022

I,2—Dichlorobenzene                      

0.044

Ethyl acetate                         

0.031

Ethyl benzene                         

0.015

Methanol                            

0.031

Methylene chloride                       

0.031

Methyl ethyl ketone                       

0.031

tlethyl isobutyl ketone                     

0.031

Ntaphthalerte                              

0.044

Nitrobenzene                         

0.044

Toluene

0.029

1,1,1,-Trichloroethane                    

0.031

Tnichloroeth~T~ne      

99716

0.029

0.015

Chromium (Total)                         

0.32

Lead                               

0.037

K087 nonwastewaters (see also Table A)

Concentrati on

(in mg/kg)

Acenaphthalene                        

3.4

Benzene                            

0.071

Fluoranthene

Inder~p(1,2,3—cd)pyrene

Naphthalene

3.4

Phenanthrene

Toluene                            

0.65

Xylenes

O.O7p

99—716

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

K087 wastewaters

Concentrati on

(in mg/L)

Acenaphthalene                        

0.028

Benzene

0.014

Chrysene                            

0.028

Fluoranthene                         

0.028

Indeno (1,2,3-cd) pyrene                     

0.028

Naphthalene                          

0.023

Phenanthrene

0.028

Toluene

0.008

Xylenes                             

0.014

Lead                               

0.037

KO99 nonwastewaters

Concentration

(in mg/kg)

2,4-Dichiorophenoxyacetic acid                 

1.0

Hexachlorodibenzo—p—dioxins                  

0.001

Hexachlorodibenzofurans                    

0.001

Pentachlorodibenzo-p—dioxins                 

0.001

Pentachlorodibenzofurans                   

0.001

Tetrachl orodi benzo—p-dioxi ns                       

0.001

Tetrachlorodibenzofurans

0.001

KO99 wastewaters

Concentration

(in mg/L)

2,4—Dichlorophenoxyacetic acid                 

1.0

Hexachlorodibenzo-p-dioxi ns                        

0.001

Hexachlorodibenzofurans                    

0.001

Pentachlorodibenzo-p-dioxins                 

0.001

Pentachlorodibenzofunans                   

0.001

Tetrachl orodibenzo-p-dioxins                 

0.001

Tetrachlorodibenzofurans                   

0.001

99—7 17

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

KiOl rionwastewaters (Low Arsenic Subcategory—less than 1 total arsenic) (see

also Table A)

Concentration

(in mg/kg)

ortho-Nitroaniline                      

14.

KiOl wastewaters

Concentrati on

Th

mg/L)

ortho-Nitroaniline                      

0.27

Arsenic                            

2.0

Cadmium                            

0.24

Lead                              

0.11

Mercury                            

0.027

K102 nonwastewaters (Low Arsenic Subcategory—less than 1 total arsentc4

~ee al so Table Al

Concentrati on

(Tn mg/kg)

ortho-Nitnophenol

K1O2 wastewaters

Con

cent ratio ri

Tin mg/L)~

ortho—Nitrophenol                        

0.028

Arsenic                            

2.0

Cadmium                           

0.24

Lead                              

0.11

Mercury                            

0.027

K103 nonwastewaters

Concentration

TiThTT~)

Aniline

5.5

Benze~ie~                     

6.0

2,4—Dinitrophenol                       

5.6

Nitrobenzene

Phenol                               

5.6

99—718

ILLINOIS REGISTER

K103 wastewaters

POLLUTION

CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Aniline

Ben zene

2,4—Dinitrophenol

Nitrobenzene

Phenol

Concentrati on

Tin rng/L)

4.5

0.15

0.61

0.073

1.4

K1O4 nonwastewaters

Aniline

Ben zene

2, 4-Dinitrophenol

Ni trobenzerie

Phenol

Cyanides (Total)

Concentrati on

(in mg/kg)

5.6

6.0

5.6

5.6

5.6

1.8

K1O4 wastewaters

Aniline

Ben zene

2, 4-Din it ropheriol

Nitrobenzene

Phenol

Cyanides (Total)

Concentration

(in mg/L)

4.5

0.15

0.61

0.073

1.4

2. 7

No Land Disposal for:

K004 Nonwastewaters

K008 Monwastewaters

KO15 Nonwastewaters

K021 Nonwastewaters

K025 Nonwastewaters

KO36 

Nonwastewaters

KO44

K 045

K04 7

KO6O Nonwastewaters

(Based on No Generation

Based on No Generation

(Based on No Ash)

fBased on No

Generation)

(Based on

No

Generation)

~don~oGene~

~on

Reactivity

Based

on

Reactivity~

çBased on Reactivity)

~Basedon No Generation)

99—7 19

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

KO61 Nonwastewaters-Hjgh Zinc Subcategory

(greater than or equal to 15 total zinc)       

(Based on Recycling):

effective 8/8/90

K069 Nonwastewaters-Non-Calcium Sulfate Subcategory (Based on Recycling)

KO83 Nonwastewaters—No Ash Subcategory (less

than 0.01 total ash)                  

(Based on No Ash)

K100

Nonwastewaters                 

(Based on No Generation)

(Source: Added at 13 111. Req.   

,  effective          

)

Appendix A  Toxicity Characteristic Leaching Procedure (TCLP)

The Board incorporates by reference 40 CFR 268, Appendix I—~as adepte~at S~

Feds Reg1 4~6~6~4eve~e~Z~ ~986~and amended at ~2 ~edrReST 2~949~~h~ne4;

~98~— (1988). This incorporation includes no future editions or amendments.

(Source: Amended at 13 Ill. Reg.   

, effective         

)

Appendix B  Treatment Standards (As concentrations in the Treatment Residual

Extract)

The Board incorporates by reference 40 CFR 268—; Appendix 1I.~as adep~edat ~

Fed~~e~T 4~636;~4evei~be~~ 1~98~—J88.This incorporation includes no

future editions or amendments.

(So~irce: Amended at 13 Ill. Reg.

,  effective

99—720