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?~
/1
,
1989, by a vote of
7°
~ ~~T/
!2~
~
~i
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
Se~v4ee~~28SPe~4~eya1.Ready Sp~i~~e1.~VA
221.~1T
~G33
48~-46@Q~
~est Methe~s~ Eva at~R~Sel4d WasteT Phys~.ea1./Ghe~4ea1.
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P~bl4eat4~en~w~be~SW—846
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1.982 as ~
by I4pdate 1.
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4A~~41-~1.98~33 ~9ee~eAt
R~kRtheF PB 8~-429-291.)
b3 1h~sSeet4eR +ReeFpeFates ~e 1.ate~ed+teAs
eF aFReRd~ReAtsr4
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
i
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
01
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
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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.
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ILLINOIS REGISTER
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“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.
f)
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
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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
22
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.
c)
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.
a3
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~
OF
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~
to
+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
b4
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
+R
advance of the p~opesedt~ansfe~date
i~n
s~bseet4~en(-b323t
23
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
OF
mere e~the ea~ises1.4sted
~A
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~
OF
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
OF
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
OP
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~
54
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
OF
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
b)
Req~4~en~e~ef~e~entmeA~teP+Rg or ~e~ert~ng by the pere4ttee~-
?4
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~
e4
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
B)
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
T
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
54
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
Cl
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);
j)
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;
1)
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
B;
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:
1)
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);
7)
Legal boundaries of the HWM facility site;
8)
Access control (fences, gates);
9)
Injection and withdrawal wells both on-site and off-site;
10) Buildings; treatment, storage or disposal operations; or
other
structures (recreation areas, 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
1
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;
2)
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;
2)
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:
A)
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)
—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).
f)
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:
1)
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.
d)
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
of
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
D)
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:
A)
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;
H)
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);
5)
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;
8)
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;
c)
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;
d)
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;
e)
The Agency shall approve a trial burn plan if
it finds that:
1)
The trial burn is likely to determine whether the incinerator
performance standard required by 35 Ill. Admn. Code 724.443 can
be met;
2)
The trial burn itself will not present an imminent hazard to
human health or the environment;
3)
The trial burn will help the Agency to determine operating
requirements to be specified under 35 Ill. Adm. Code 724.445;
and
4)
The information sought in —paragraph—subsection (e)(1) and
(e)(3) cannot reasonably be developed through other means;
f)
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:
1)
A quantitative analysis of the trial POHCs, in the waste feed
to the incinerator;
2)
A quantitative analysis of the exhaust gas for the concentration
and mass emissions of the trial POHC’s, molecular oxygen and
hydrogen chloride (HC1);
3)
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);
5)
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);
7)
An identification of sources of fugitive emissions and their
means of control;
8)
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.
g)
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;
i)
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;
j)
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
a)
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—
1)
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;
2)
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:
1)
The first phase of the permit —w~i-llbe—becomes effective as
provided in 35 111. Adm. Code 705.201(d);
2)
The second phase of the permit -wi-l-l be-becomes effective as
provided in —paragraph—subsection (d);
c)
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.
1)
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:
~j
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
b)
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
~j
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.
b)
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:
~j
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.
~j
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.
~j
~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.
4)
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).
2)
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.
~J
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.
~j
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.
~j
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.
7)
To include conditions applicable to units at a facflity that
were not previously included in the facility’s permit.
8)
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.
b)
Class 2 modifications. See Section 703.28?.
ç~j Class 3 modifications.
See Section 703.283.
~J Other modifications.
1)
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
2)
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.
~j
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:
JJ
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:
i)
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.
C)
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:
jJ
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
~j
To facilitate other changes to protect human health
99—4 55
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
and the environment.
~j
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:
A)
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
B)
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.
fl
Public notice and appeals of permit modification decisions.
fl
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.
3)
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.
1)
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.
2)
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
~j
Except as provided in subsection (a)(2), the permittee may put into
effect Class 1 modifications listed in Appendix A under the following
conditions:
1)
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.
2)
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.
3)
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.
b)
Class I permit modifications identified in Appendix A by an asterisk
shall be made only with the prior written approval of the Agency.
c)
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
~j
For Class 2 modifications, listed in Appendix A, the permittee shall
submit a modification req~st to the Agency which:
1)
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~
3)
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.”
~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.
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.
fl
Agency decision.
fl
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:
fl
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
~J
Notify the permittee that the Agency will decide on the
request within the next 30 days.
2)
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:
fl
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.
4)
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:
jJ
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.
~J
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.
5)
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.
h)
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:
1)
Describes the exact c~
obemade to the permit conditions
and supporting documents referej
b the permit
2)
Identifies that the modification is a Class 2 modification
~j
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:
1)
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
4)
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
6
The following satome~~heperrnittee’sco~pjiancehis~y
d~iiiithe
Agency
trI.~
lifecontactof
person.~~nc
~
f~
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.
e)
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
A.
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).
4.
~
in the frequency of or procedures
for monitoring,
reporting, sampling or maintenance activities
by the permittee:
1
a. To provide for more frequent
mo~L~_i-in, reporting or
mnai ntenance.
2
b. Other’ cha~~_
5.
Schedule of cp~~pliance:
1*
a.
Changes in interim compliarmceda___~j~_p~iorapproval of
the Agency.
3
b.
Extension of final co~npliancedate.
1*
6.
Changes in
expiration date of permit to allow earlier permit
termination, with prior approval of the Agency.
1*
7.
Changes in ownership or operational control of a facility,
provided
the__p
cedures of Section 703.260(b) are followed.
B.
General ~jfly__~tandards
1.
Changes to waste sampling or analysis methods:
99—464
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
1
a.
To conform with Agency guidance or Board regulations.
2
b. Other changes.
2.
Changes to analytical quality assurance/control plan:
1
a.
To conform with agency guidance or regulations.
2
b.
Other changes.
1
3. Changes in
procedures for maintaining the operating record.
2
4. Changes in frequency or content of inspection schedules.
5.
Changes in the training plan:
2
a.
That affect the type or decrease the amount of training
given to employees.
1
b.
Other changes.
6.
Contingency plan:
2
a.
Changes in emergency procedures (i.e., spill or release
response procedures).
1
b.
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.
C.
Groundwater Protection
1. Chan9esto wells:
2
a.
Changq~in the number, location, depth or design of
upgradient or downgradient wells of permitted groundwater
monitoring system.
1
b.
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.
1*
2.
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~~
a.
As specified in the groundwater protection standard.
b.
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.
7.
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.
8.
Corrective action program:
a.
Addition of a corrective action program as required by 35
Ill. Adm. Code 724.199(i)(2) and 724.200.
b.
Changes to
a corrective action ro
ram as re uired b 35
Ill. Adm. Code 724.200 h ,
unless otherwise specified in
this Appendix.
D.
Closure
1.
Changes to the closure plan:
a.
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.
1*
c.
Changes in
the expected year
of final closure, where other
permit conditions are not changed, with prior approval of
~enc.
1*
d.
Changes in procedures for decontamination of facility
equi pment or structures, with prior approval of the Agency.
2
e.
Changes in approved closure plan resulting from unexpected
events occurring during partial or final closure, unless
otherwise specified in this Appendix.
3
2.
Creation of a new landfill unit as part of closure.
3.
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).
2
d.
Waste piles that comply with 35 Ill. Adm. Code 724. 350(c).
2
e.
Tanks or containers (other than specified below).
1*
f.
Tanks used for neutralization, dewatering, phase separation
or component separation, with prior approval of the Agency.
E.
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
1.
Modification
or addition of
container units:
3
a. Resulting
in
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.
2
a.
Modification of a container unit without increasing the
capacity of the unit.
1
b.
Addition of a roof to a container unit without alteration
of the containment system.
3.
Storage of different wastes in
containers:
3
a. That require additional or
different management practices
from those authorized in the permit.
2
b.
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.
2
4.
Other changes in container management practices (e.g., aisle
space; types of containers; segregation).
G.
Tanks
1.
3
a.
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.
1*
d.
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,
b.
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.
5.
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.
2
b.
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.
H.
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.
3.
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.
I.
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).
1.
Modification or addition of waste pile units:
a.
Resulting in greater than 25 increase in the facility’s
waste pile storage or treatment capacity.
b.
Resulting in up to 25 increase in the facility’s waste
pile storage or treatment capacity.
2.
Modification of waste pile unit without increasing the capacity
of the unit.
3.
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.
2
2
3
2
3
2
2
1
99—470
ILLIHOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
2
4.
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
3
1.
Modification or addition of landfill units that result in
increasing the facility’s disposal capacity.
3
2.
Replacement of a landfill.
3
3. Addition or modification of a
liner, leachate collection system,
leachate detection system, run-off control or final cover
sy
5
tern.
2
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.
6.
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.
K.
Land Treatment
3
1.
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
2.
Modification_of run-on control ~
3
3.
Modify run-off control system.
2
4.
Other modific~_o_~9fland treatment unit component
~p~cifications
or standards required in permit.
5.
Mana_g~entof
different wastes in land treatmnent units:
3
a.
That
require a
change in permit operating conditions or
~
cati ons.
2
b.
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.
6.
Modification
of a land treatment
unit rnana~enent
practice to:
3
a.
Increase rate or chan~emethod of wast~_~plication.
1
b.
Decrease rate of waste application.
2
7.
Modification of a land treatment unit management practice to
change measures of pN or moisture content
or to enhance
microbial or chemical reactions.
3
8.
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.
2
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.
2
12. Changes in background values for hazardous constituents in soil
and soil-pore liquid.
2
13. Changes in sampling, analysis or statistical procedure.
2
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.
2
18. Changes in vegetative cover requirements for closure.
L.
Incinerators
3
1.
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.
5.
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.
3
b.
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.
2
c. Modification of any
other operating condition or any
inspection or recordkeeping requirement specified in the
permit.
6.
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.
7.
Shakedown and trial burn:
2
a.
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.
1*
b.
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.
1*
c.
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~___
1*
d.
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.
8.
Substitution of an alternate type of fuel that is not specified
in
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
in
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
in
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
or
treatment of hazardous
waste and that is
in
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
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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
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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).
b)
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
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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
a)
Materials which are not solid wastes. The following materials are
not solid wastes for the purpose of this Part:
1) Sewage:
A)
Domestic sewage; and
B) Any mixture
of domestic sewage and other waste that passes
through a sewer system to publicly-owned treatment works
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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.
3)
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
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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:
i)
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
B)
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:
A)
The growing and harvesting of agricultural crops.
B) The raising
of animals, including animal manures.
3) Mining overburden returned to the mine site.
4)
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.
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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:
i)
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.
B)
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
i)
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
~J
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
~J
Spent potliners from primary aluminum reduction
~J
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
1)
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:
A)
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.
1)
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,
B)
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
C)
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
of
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.
3)
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.
f)
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;
E)
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;
F)
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
of
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
NO
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
U
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
U
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
F
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
1,
4,
5, 8—Dimethanonaphthalene, 1,
2,
~,
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
me
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
4
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
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
r
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
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
U
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.
1,
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
2
, 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
35
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
10
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).
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:
1)
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
B)
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.
b)
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.
2)
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.
b)
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
B)
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;
2)
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.
C)
“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
in
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,
2)
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.
C)
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.
d)
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:
1)
Sample collection;
2)
Sample preservation and shipment;
3)
Analytical procedures; and
4)
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.
f)
The groundwater monitoring program must include a determination of
the groundwater surface elevation each time groundwater is sampled.
g4
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~
A4
I~s ava4I.ab4e befeFe the pe~n~4t4s 4sswedt
B-)
Aeeewnts fe~n~easwceRent OFFOFS
4n
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
4n
baek~FewRdgFewndwateF ~wa~4ty44 swch flwctwat4ens a~e
exj~ected to affect the eoneent~at~enof the ha~a~dows
e on st
4t
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
OF
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~
h4
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~
A)
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
a
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
fl
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
in
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.
~J
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
jJ
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;
3)
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~
2)
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
~4
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:
jJ
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:
~J
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
Si
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).
jJ
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~-—
fl
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
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 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.)
7)
For facilities that use trust funds to establish financial
assurance under Section 724.243 or 724.245 and that are expected
to close prior to the expiration of the permit, an estimate of
the expected year of final closure.
c)
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
in
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
a)
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
B)
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
2)
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
3)
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).
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 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.
~J
“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.
3)
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.
b)
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.
1)
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.
c)
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
a)
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.
2)
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
~4
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.
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.
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
to
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.
B)
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.
2)
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
ii
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).
6)
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.
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 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),
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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:
i)
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.
4)
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.
5)
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
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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.
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 “—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.
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2)
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;
B)
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 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.
3)
The wording of the letter
of credit
must be as specified in
Section 724.251.
jJ
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.
jJ
Trust fund for liability coverage.
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AMENDMENTS
fl
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.
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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.
a)
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.
b)
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
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
subsection (f) and (g)).
1)
For all new tank systems or components, prior to their being put
into service;
2)
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;
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
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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:
1)
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
2)
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 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
it
is exposed, climatic conditions and the stress of daily
operation (including stresses from nearby vehicular traffic);
2)
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;
3)
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
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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.
e)
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
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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).
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-resistant 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
explosive vapor;
F)
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
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NOTICE OF PROPOSED AMENDMENTS
completely enveloped 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 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.
f)
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;
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 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.
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
99—614
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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).
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 wastes;
B)
The proposed alternate design and operation;
C)
The hydrogeologic setting of the facility, including the
thickness of soils present 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)
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:
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
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
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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 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.
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.
0)
The potential adverse effect of a release on the land
surrounding the tank system, taking into account:
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
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which 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 724.296, except
Section 724.296(d), and
B)
Decontaminate or remove contaminated soil to the extent
necessary to:
i)
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
C)
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:
A)
Comply with the requirements of Section 724.296(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
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
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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.
h)
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:
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).
B)
For new tank systems, at least 30 days prior to entering
into a contract for installation.
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 subsections (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.
i)
All tank systems, until such time as secondary containment that meets
the requirements of this Section is provided, must comply with the
following:
1)
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.
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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
B)
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.
4)
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).
5)
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
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 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
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 its
detection.
2)
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
B)
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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
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.
0)
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
?1
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:
fl
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
~J
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
~J
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
at
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:
j~
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
35
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
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POLLUTION CONTROL BOARD
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of the amended closure plan for approval by the Agency.
1)
The owner or operator shall amend the closure plan, whenever:
A)
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
C)
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
B)
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
ii
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—
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40
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
in
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
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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
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.
~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
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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).
~j
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~
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~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
~J
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.
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B) Eachat
a
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
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~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
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!~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
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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.
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.
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
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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
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to believe that the specified data should be adjusted.
5)
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
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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;
B)
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
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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
in
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
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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
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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.
b)
Secondary containment systems must be:
1)
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
2)
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
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ILLINOIS REGISTER
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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:
1)
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
1)
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
F)
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
C)
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
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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.
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 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
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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.
3)
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;
3)
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
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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;
2)
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~
1)
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)
fi
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
fl
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:
1)
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
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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;
C)
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
fl
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
fl
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:
fl
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
2)
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
a)
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
a)
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
3)
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.
h)
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.
2)
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
if
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
a)
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
na
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:
1)
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
cm
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.
16
KOO1 wastewaters
Concentration
cm
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
~n
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