ILLINOIS POLLUTION CONTROL BOARD
January 25, 1990
IN THE MATTER OF:
R89—2
UIC UPDATE, USEPA REGULATIONS
)
(Identical in Substance Rulemaking)
(7—1—88 THROUGH 12—31—88)
FINAL
ORDER.
ADOPTED RULE.
ORDER OF THE BOARD (By J. Anderson):
Pursuant to Sections 13(c) and 22.4(a) of the Environmental Protection
Act (Act), the Board is amending the Underground Injection Control (UIC)
regulations.
Both Sections provide for quick adoption of regulations which are
“identical in substance” to federal regulations and that Title
VII
of the Act
and Section 5 of the Administrative Procedure Act (APA) shall not apPly.
Because this rulemaking is not subject to Section 5 of the APA, it is not
subject to first notice or to second notice review by the Joint Committee cc
Administrative Rules (JCAR). The federal inc regulations are found at 40
CFP~
144, 146 and 148. This rulemaking updates UIC rules to correspond with
major
federal amendments more fully outlined in the accompanying Opinion.
This Order is supported by a Opinion adopted on the same day. Because of
its length, the text of the adopted amendments will not be published in the
Environmental Register or appear in the Opinion volumes. The complete text of
the adopted amendments follows.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Boa~d, hereby
certify that the above Order was adopted on the-~’.~~ day of
~
~ -,
1990, by a vote of /
.
/
—
Dorothy H. Gunn,~~1Clerk
Illinois Pol1u~ion Control Board
107—405
2
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
Sect ion
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 Entry
702.150
Monitoring and Records
702.151
Signatory Requirements
702.152
Reporting Requirements
702.160
Establishing Permit Conditions
702.161
Duration of Permits
702.162
Schedules of Compliance
702.163
Alternative Schedules of Compliance
702.164
Recording and Reporting
107—407
3
SUBPART D: ISSUED PERMITS
Section
702.181
Effect of a Permit
702.182
Transfer
702.183
Modification
702.184
Causes for Modification
302.185
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. 1987, ch.
111
1/2, pars.
1013, 1022.4 and 1027).
SOURCE: Adopted in P81—32, 47 PCB 93, at 6 Ill. Peg. 12479, effective as
noted in 35 Ill. Adm. Code 700.106; amended in P82—19 at, 53 PCB 131, 7 Ill.
Peg. 14352, effective as noted in 35 Ill. Adm.
Code 300.106; amended in P84-9
at 9 Ill. Reg. 11926, effective July 24, 1985; amended in P85—23 at 10 Ill.
Peg. 13274, effective July 29, 1986; amended
in R86—l at 10 Ill. Peg. 14083,
effective
August 12, 1986; amended in P86—28 at 11 Ill. Peg. 6131, effective
March 24, 1987;
amended
in P87—S at 11 Ill. Peg. 19376, effective November
12,
1987; amended in P87—26 at 12
Ill. Peg. 2579, effective January 15,
1988;
amended in P87—29 at 12 Ill. Peg. 6673, effective
March 28, 1988; amended
in
P87—39 at 12 Ill. Peg. 13083, effective July 29,
1988; amended in P89—1 at 13
Ill. Peg. 18452, effective November 13, 1989; amended in P89—2 at 14 Ill. Peg.
effective
SUBPART C: PERMIT CONDITIONS
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
permits under Section 702.150 (monitoring and records), Section
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). For UIC only~
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. Ado.
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: Derived from 40 CFP 144.52(a) (198~-)-8), as amended at.
53 Fed. Req. 28147, July 26, 1988 and 270.32(a) (1988).
b)
Additional conditions.
1) In addition to conditions required in all permits for a
107—408
4
particular program (35 Ill. Adm. Code 703.241 et seq. for
RCRA and 35 Ill. Adrn. 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: Derived from 40 CFP 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 comment period) provides a means for reopenicg
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 modificatioc
of a permit, to the extent allowed in 35 Ill. Adm. Code
705. 201.
BOARD NOTE: Derived from 40 CFR 144.52(b) and 270.32(c)
(1988).
3) New or reissued permits, and to the extent allowed ur.der 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. Adm. Code
704.182 through 704.191
(UIC).
BOARD NOTE: Derived from 40
CFR 144.52(b) and 270.32(d)
(1988).
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: Derived from 40 CFR 144.5~2(c) and 270.32(e) (1988).
(Source: Amended at 14 Ill. Peg.
, effective
SUBPART D: ISSUED PERMITS
Section 702.181 Effect of a Permit
The existence of a RCRA or (JIC permit shall not constitute a
defense to a violation of the Environmental Protection Act or this
Subtitle, except for development, modification or operation
without a permit. However, a permit may be modified,
reissued or
revoked during its term for cause as set forth in 35 Ill. Adm.
107—409
5
Code 703.270 through 703.273 (PCRA) and 35 Ill. Adrn. Code 704.261
through 704.263 (UIC) and Section 702.186 (flCRA) and Sections
702.183 through 702.186 (UIC).
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:
Derived from 144.35 (1988) and 40 CFR 270.4 (1988),
as amended at 53 Fed. Peg. 37934, September 28, 1988.
(Source: Amended at 14 Ill. Peg.
Section 702.182 Transfer
effective
This Cection applies only to UIC permits. For RCRA, see 35 Ill. Adm. Code
703.260. For UIC, see 35 Ill. Adm. Code 704.260.
a) Transfer by modification. Except as provided in subsection (b), ~
permit may be transferred by the permittee to a new owner or
operator only if the permit has been modified or reissued (under
Section 702.183 through 702.185) or a minor modification mode
(under Section 702.187(d), to identify the new permittee and
incorporate such other requirements as may be flecessary under the
appropriate Act. The new owner or operator to whom the permit is
transferred oh.-l~r-comply
,.aH1-h ~i11
1-hp
t~rn~
nnr~
nt~r~n~
specified in such permit.
subsection (a), any UIC permit for a well not injecting hazardous
waste may be automatically transferred to a new permittee if:
1) The current pcrmittee notifies the Agency at least 30 days
in
~)b)
advance of the proposed transfer
(2);
date in subsection
2) The notice includes a written agreement between the existing
and new pcrmittees containing a specific date for transfer
of permit responsibility, coverage and
liability between
them and the notice demonstrates that the financial
responsibility requirements of 3E Ill. Adm. Code 704.139
will be met by the new permittec and that the new permittee
agrees to comply with all the terms and conditions specified
in the permit to be transferred under subsection (b); and
rr,1..
does not notify the existing permit
~posed new permittee o~. intent to mo~~2 ~ permit.
A modification under this ~ub~ection may also be a minor
107—410
6
modification under Section 702.187. If this notice is not
received, the transfer is effective on the date specified in
the aor~m~ntmentioned in subsection ‘b~(2\.
DOAflD NOTE: Derived from 40 CPfl 144.38 (1033).
(Source: Amended at 14 Ill. Peg.
Section 702.183 Modification
effective
This Section applies only to UIC permits. For RCRA, see 35 Ill. Adm. Code
703.270. For UIC, see 35 Ill. Adm. Code 704.261. When the Agency receives
any information (for example, inspects the facility, receives information
submitted by the permittec as required in the permit (See Sections 702.140
through 702.152), receives a request
~
_j_._s__
~‘-‘~ —
~
0f
the permit file) it may determine whether or not one or more of the causes
listed in Ceetions 702.184 and 702.185 for modification exist. If cause
exists, the Agency may modify the permit accordingly, subject to the
limitations of Section 702.185 and may request an updated application if
necessary. When a permit is modified, only the conditions subject to
modification are reopened. If cause does not exist under Section 702.133
through 702.185 or Section 702.107 the Agency shall not modify the permit.
-I--f-
a permit modification satisfies the criteria in Section 702.187 for “minor
modifications” the permit may be modified without a draft permit or public
review. Otherwise, a draft permit must be prepared and other procedures in-3-~
Derived from 40
C~n144.
I ~ -“-‘‘ /
(Source: Amended at 14 Ill. Peg.
effective
Section 702.184 Causes for Modification
This Section applies only to Ula permits. For RCRA, see 35 Ill. Adm. Code
703.271 and 703.272. For UIC, see 35 Ill. Adm. Code 704.262.
The following are cause for modification, but not reissuance-
permits; the following may be cause for reissuance as well as
modification when the permittee requests or agrees:
1) ~iterations. mere are material. ano suostantial 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.
2) Information. The Agency has received information. Permits
otner tnen tar uie class
iii
weIl~ may
ne mo~1iticc1Ouring
their terms for this cause only if the information was no~
available at the time of permit issuance (other than revioed
regulations, guidance or test methods) and would have
justified the application of different permit conditions~-a-t
107—411
I .-.
7
the time of issuance. For UlO area permits this cause shall
include any information indicating that cumulative effects
4-ho
..
J~-—
t-.
3) New statutory requirements or regulations. The standards o~
reguiations on wnicn tne permit was oasea nave oecn cnangea
by statute, through
promulgation of new or amended standcrd~
or regulations
or by judicial
decision after the pe
issued. Permits other than for inC Class III wells
rm~t wa-s
may be
The Agency may
regulations
on
modify the permi
which the permit
The permittee may requ
I-
- a - --
was based on a promulgated
(UIC) regulation; and
Ir~ rIl
~
~
~
ii) The Doard has revised, withdrawn or modified
that portion of the regulation on which the
permit condition was based; and
iii) A permittee requests modification in accocdancc
with 35 Ill. Adm. Code 705.128 within ninety
(00) days after Illinois flegister notice of the
rulemaking on which the request is based.
C) For judicial decisions, a court of competent
jurisdiction has remanded and stayed
Doard promulgated
regulations, if the remand and stay
concern that
portion of the regulations on which the permit
condition was based or if a request is filed by the
permittcc in accordance with 35 Ill. Adm. Code
705.123
within ninety (00) days of judicial remand.
4) Compliance schedules. The Agency determines good cause
exists for modification of a compliance schedule, such as an
act of Cod, strike, flood or materials shortage or other
events over which the r~rm~+ ~e has little or no contr~
for which there is no reasonably available rpmpr~:~
b) The following are causes to modify or, alternatively, reissue a
permit: The Agency has received notification (as rcq~-~J-i~
permit, see Section 702.152(c)) of a proposed transfer of the
permit. A permit also may be modified to reflect a transfer after
the effective date of an automatic transfer (Section 702.182(b)~cr
but will not be revoked and reissued after the effective date of
4-ho l-i-nr~fp~-O~r~r~+-i,r~r~n4-ho ,-orri,~-~l- r~f
1-hr~ notJ
r~ormit+~~.
107—4 12
—
- L~~1 L’_~C’_4
£JJ
- -
regulations.
ihen standards or
8
DOAflD NOTE: Derived from 40 CFI1 144.30 (1988k.
(Source: Amended at 14 Ill. Peg.
Section 702.185
Facility
Siting
effective
This Section applies only to UIC permits. For RCRA, see 35 Ill. Adm. Code
703.273.
For UIC, see 35 Ill. Adm. Code 704.263.
Suitability
of the facility
location will not be considered at the time of permit modification unless new
-information or standards indicate that a threat to human health or the
Section 30.2 of the Environmental Protection Act.
SOAI1D ~OTT:
Derived from 40 CFII 144.39(c) (1088).
(Source: Amended at 14 Ill. Peg.
, effective
Section 702.187 Minor Modifications
~-Jl
t~fl1I!
nod if i cat I
t~adefor cause and with a 35 Ill
r~PTh~fl~1
..~ur ,udIfiuu~~ ~der this Section must be
~dm. Code 705 draft permit and public notice
/
-
‘~.JS S_C’.. L.
~.
J
bJ~~J~~_5L•2fr!i A... ‘.5 S
——n--
•—~--———-
..—_..—— ..-
•~~1
b) flequire more frequent monitoring or reporting by the permittee;
C)
Chan~
~
m
~
mr~I~nn~
-
—----~~---~-~.
~
‘.~-
~
provioea tne new oats is not more tnan
‘.‘(‘ (~R
~ys after the date
specified in the existing permit and does not interfere with
attainment of the final compliance date requirement; or
control of a
2
..._..
.. -
..her change ii.
permit is necessary, provided: that a written agreement
containing a specific date for transfer of permit responsibility,
coverage and liability between the current and new permittees has
been submitted to the Agency.
For UIC only:
I
Change quantities
-
within the capacity
107-—
4 13
of fluidc
-
of the facility
environment ?xists which was unknown at the time of pcrmi
required under the Environnen~ui Protect~..~
~
tIowever
modifications may require site location suitaoiiity approval pursuant to
This Section
703.280.
applies
For UIC, see
only
35
to UIC permits. For
Ill. Adm. Code 704.264.
RCRA, see 35 Ill. Adm. Code
Upon the consent of the
pcrmittee, the Agency
may modify a permit to make the corrections or
allowances for changes
r~wing the
in
the permitted activity
procedures
i-IF ~
Til
-
~r1m
listed in this Section,
Cr~r1o
7fl~
-
‘-‘1
A.
1..
—
—-
“--a-
9
-5--
bed in Ui
-
facility o: its ability to meet
mild not change its
A
2) Change construction requirements approved by the Agency
pursuant to 35 Ill. Adm. Code 704.182 (establishing inS
permit conditions), provided that any such alteration shal3
comply with the requirements of this Part and 35 Ill. Adm.
Code 704 and 730.
—
r~rr-”
A....
fltr
r 1 1
, A.
fl_A_
~,fl A
I
fli
plan which has been updated
(Source: Amended at 14 Ill. Peg.
effective
107—414
10
TITL35
- -
ENVIRONMENTAL
PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I:
POLLUTION CONTROL BOARD
SUBCHAPTER b:
PERMITS
PART
704
UIC PERMIT
PROGRAM
SUBPART A:
GENERAL
PROVISIONS
Section
704.101
Content
704.102
Scope
of the Permit or Rule Requirement
704.103
Identification
of Aquifers
704.104
Exempted Aquifers
704.105
Specific Inclusions and Exclusions
704.106
Classification
of Injection Wells
704. 107
Definitions
SUBPART B:
PROHIBITIONS
Section
704.121
Prohibition of Unauthorized Injection
704.122
Prohibition of Movement of Fluid into USDW
704.123
Identification
of USDW and Exempted Aquifers
704.124
Prohibition, of Class IV Wells
SUBPART C:
AUTHORIZATION OF UNDERGROUND INJECTION BY RULE
Section
704.141
Existing Class I and III Wells
704.142
Existing Class IV Wells, not into USDW (Renumbered)
704.143
Expiration of Authorization
704.144
Requirements
704.145
Existing Class IV Wells
704.146
Class V Wells
704.147
Requiring a Permit
704.148
Inventory Requirements
704.149
Requiring other Information
704.150
Requirements for Class I and III Wells authorized by Rule
704.151
RCRA Interim Status for Class I Wells
SUBPART D: APPLICATION
FOR
PERMIT
Section
704.161
Application for Permit; Authorization by Permit
704.162
Area Permits
704.163
Emergency Permits
704.164
Signatories to
Permit Applications
107—4 15
11
SUBPART E: PERMIT CONDITIONS
Section
704.181
Additional Conditions
704.182
Establishing UIC Permit Conditions
704.183
Construction Requirements
704.184
Corrective Action
704.185
Operation Requirements
704.186
Hazardous Waste Require~nents
704.187
Monitoring and Reporting
704.188
Plugging and Abandonment
704.189
Financial Responsibility
704.190
Mechanical Integrity
704.191
Additional Conditions
704.192
Waiver of Requirements by Agency
704.193
Corrective Action
SUBPART F: REQUIREMENTS FOR WELLS INJECTING HAZARDOUS WASTE
Section
704.201
Applicability
704.202
Authorization
704.203
Requirements
SUBPART G: FINANCIAL RESPONSIBILITY FOR CLASS I
HAZARDOUS WASTE INJECTION WELLS
Section
704.210 Applicability
704.211
Definitions
704.212
Cost Estimate for Plugging and Abandonment
704.213
Financial Assurance for Plugging and Abandonment
704.214
Trust Fund
704.215
Surety Bond Guaranteeing Payment
704.216
Surety Bond Guaranteeing Performance
704.217
Letter of Credit
704.218
Plugging and Abandonment Insurance
704.219
Financial Test and Corporate Guarantee
704.220
Multiple Financial Mechanisms
704.221
Financial Mechanism for Multiple Facilities
704.222
Release of the
Owner
or Operator
704.230
Incapacity
704.240
Wording of the Instruments
SUBPART H: ISSUED PERMITS
Section
704.260
Transfer
704.261
Modification
704.262
Causes for Modification
704.263
Well Siting
704.264
Minor Modifications
107—4 16
12
AUTHORITY:
--
Implementing Sections 13 and 22.4 and authorized by Section 27 of
the Environmental Protection Act (Ill. Rev. Stat. 1987, ch. 111 1/2, pars.
1013, 1022.4 and 1027, as amended by P.A. 85—1048, effective January 1, 1989).
SOURCE: Adopted in R81—32, at 47 PCB 95, at 6 Ill. Reg. 12479, effective as
noted in 35 Iii. ~dm. Code 700.106; amended in R82—19, at 7 Ill. Reg. 14402,
effective as noted in 35 Iii. Adm. Code 700.106; amended in P83—39, at 55 PCB
319, at 7 Ill. Peg. 17338, effective December 19, 1983; amended in P85—23 at
10 Ill.
Reg. 13290, effective July 29, 1986; amended in P87—29 at 12 Ill. Peg.
6687, effective March 28, 1988; amended in P88—2 at 12 Ill. Peg. 13700,
effective August 16, 1988; amended in P88—17 at 13 Iii. Peg. 478, effective
December 30, 1988; amended in P89—2 at Ill. Peg.
,
effective
SUBPART D: APPLICATION FOR PERMIT
Section 704.161 Application for Permit; Authorization by
Permit
a) Permit application. Except for owners or operators authorized by
rule, all underground injections are prohibited unless authorized
by permit. Persons currently authorized by rule must still apply
for a permit as specified in ~subsection (b) unless the
authorization was for a Class V well under Section 704.146. Rules
authorizing well injections for which permit applications have
been submitted shall lapse for a particular well injection or
project upon the effective date of the permit or permit denial for
that well injection or project. Procedures for application.
issuance and administration of emergency permits are found
exclusively in Section 704.163. A RCRA permit applying th~
standards of 35 Ill. Adm. Code 724.Subpart X will constitute a UIC
permit for hazardous waste inlection wells for which the technical
standards in 35 Ill. Adm. Code 724 are not generally aporopriate.
BOARD
NOTE: Derived from 40 CFR 144.31(a) (1987) (1988), as
amended at 52 Fed. Req. 46963, December 10, 1987.
b) Time to apply. Any person who performs or proposes an underground
injection for which a permit is or will be required shall submit
an application to the Agency as follows:
1) For existing wells:
A) Within 180 days after the Agency notifies such person
that an application is required; or
B) If the waste being injected into the well is a
hazardous waste accompanied by a manifest or delivery
document, by August 1, 1984; or
107—4 17
13
C)
Except
as otherwise provided in subsections (b)(l)(A)
and (b)(1)(B), by February 1, 1986.
2)
For new
injection wells, except new wells in projects
authorized under Section 704.141 or covered by an existing
area permit under Section 704.162(c), a reasonable time
before construction is expected to begin.
BOARD
NOTE: Derived from 40
CFR 144.31(c) 1987)(l988).
c)
Contents of UIC application.
The applicant shall demonstrate
that
the underground injection will not endanger drinking water
sources. The form and content of the UIC permit application may
be prescribed by the Agency including the materials required by 33-
Ill.
Adm.
Code 702.123.
d)
Information requirements
for Class I hazardous waste injection
wells.
1) The following information is required for each active Class
-
I hazardous waste injection well at a facility seeking a UIC
permit:
A)
Dates well was operated.
B) Specification of all wastes which have been injected
into the well, if available.
2) The owner or operator
of any facility containing one or more
active hazardous waste injection wells must submit all
available information pertaining to any release of hazardous
waste or constituents from any active hazardous waste
injection well at the facility.
3) The owner or operator of any facility containing one or more
active Class I hazardous waste injection wells must conduct
such preliminary site investigations as are necessary to
determine whether a release is occurring, has occurred or is
likely to have occurred.
BOARD NOTE: Derived from 40 CFR 144.31(g) (1987) (1988).
e) In addition to the materials required by 35 Ill. Adm. Code
702.123, the applicant shall identify and submit on a list with
the permit application the names and addresses for all owners of
record of land within one—quarter mile (401 meters) of the
facility boundary. This requirement may be waived by the Agency
where the site is located in a populous area such that the
requirement would be impracticable.
BOARD
NOTE: Derived from 40 CFR 144.31(e)(9)
(1907) (1988).
1 ~7—418
14
(Source: Amended at 14 Ill. Peg.
,
effective
SUBPART E: PERMIT CONDITIONS
Section 704.181 Additional Conditions
The following conditions in addition to those set forth in 35 Ill. Adm. Code
702.140 through 702.152 apply to all UIC permits and shall be incorporated
into all permits either expressly or by reference. If incorporated by
reference, a specific citation to these regulations must be given in the
permit.
a) In addition to 35 Ill. Adm. Code 702.141 (duty to comply): the
perniittee need not comply with the provisions of this permit to
the extent and for the duration such noncompliance is authorizect
in a temporary emergency permit under Section 704.163.
BOARD NOTE: Derived from 40 CFP 144.51(a) (1987) (1988).
b) In addition to 35 Ill. Adm. Code 702.150(b) (monitoring and
records): the permittee shall retain records concerning the
nature and composition of all injected fluids until three years
after the completion of any plugging and abandonment procedures
specified under Section 704.188 or under 35 Iii. Adm. C~çJ~
730.Subpart G, as appropriate. The owner or operator shall
continue to retain the records after the three year retention
period unless the owner or operator delivers the records to the
Agency or obtains written approval from the Agency to discard the
records.
BOARD NOTE: Derived from 40 CFR 144.51(j)(2)(ii) (1988)~~
amended at 53 Fed. Peg. 28147, July 26, 1988.
C) In addition to 35 Ill. Adm. Code 702.152(a) (notice of planned
changes): except for all new wells authorized by an area permit
under Section 704.162(c), a new injection well may not cocnence
injection unti.1 construction is complete, and
1) The permittee has submitted notice of completion of
construction to the Agency; and
2) Inspection Review
A) The Agency has inspected or otherwise reviewed the ne~
injection well and finds it is in compliance ~-,it-hthe
conditions of the permit; or
B) The permittee has not received notice from the- ~ency
of its intent
to inspect or otherwise review the
ne~-
injection well within 13 days of the date of t~-c
notice in subsection (c)(1), in which case ~
inspection or review is waived and the
permittee may
107—419
15
commence injection. The Agency shall include in its
notice a reasonable time period in which it will
inspect the well.
BOARD NOTE: Derived from 40 CFR 144.51(m) (1987)
(1988).
d) Reporting Noncompliance
1) Twenty—four hour reporting. The permittee shall report any
noncompliance which may endanger health or the environment,
including:
A) Any monitoring or other information which indicates
that any contaminant may cause an endangerment to a
USDW.
B) Any noncompliance with a permit condition or
malfunction of the injection system which may cause
fluid migration into or between USDW5.
2) Any information shall be provided orally within 24 hours
from the time the permittee becomes aware of the
circumstances. A written submission shall also be provided
within 5 days of the time the perrnittee becomes aware of the
circumstances. The written submission shall contain a
description of the noncompliance and its cause, the period
of noncompliance, including exact dates and times and, if
the noncompliance has not been corrected, the anticipated
time is expected to continue; and steps taken or planned to
reduce, eliminate and prevent reoccurrence of the
noncompliance of the noncompliance.
BOARD NOTE: Derived from 40 CFR 144.51(l)(6) (1087) (1988).
e) The permittee shall notify the Agency at such times as the permit
requires before conversion or abandonment of the well or, in the
case of area permits, before closure of the project.
BOARD NOTE: Derived from 40 CFR 144.51(n) (1087) (1988).
f) Plugging and abandonment report. Within 60 days after plugging a
well or at the time of the next quarterly report (whichever is
less) the owner or operator shall submit a report to the Agency.
If the quarterly report is due less than 15 days before completion
of plugging, then the report shall be submitted within 60 days.
The report shall be certified as accurate by the person who
performed the plugging operation. Such report shall consist of
either:
1)
A statement that the well was plugged in accordance with the
plan previously submitted to the Agency;
1 07—42fl
16
2) Where actual plugging differed from the plan previously
submitted, an updated version of the plan on the form
supplied by the Agency specifying the differences.
BOARD NOTE: Derived from 40 CFR 144.51(o) (1087) (1988).
g) Mechanical integrity demonstration. The Agency by written notice
may require the owner or operator to comply with a schedule
describing when mechanical integrity demonstrations must be made.
BOARD NOTE: Derived from 40 CFR 144.51(p) (1987) (1988).
(Source: Amended at 14 Iii. Peg.
, effective
SUBPART H: ISSUED PERMITS
Section 704.260 Transfer
~j Transfer by modification. Except as provided in subsection (b’,, a
permit may be transferred by the permittee to a new owner or
oserator only if the permit has been modified or reissued (under
Sections 704.261 through 704.264) to identify the new permittee
and incorporate such other requirements as may be 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.
~.
Automatic transfers. As an alternative to transfers under
subsection (a), any UIC permit for a well not in~ectinqhazardous
waste may he automatically transferred to a new perniitteej,j.
1) The current permittee notifies the Agency at least 30 days
in advance of the proposed transfer date in subsection
(b) (2)
~
The notice includes a written agreement between the existin~
and~,~~mjttees
containing a specific date
for transfer
of permit responsibility,
coverage
and liability between
them and the notice demonstrates that the financial
responsibility
requirements of Section 704.189 will be me~
by the new permittee and that the new permittee agrees to
comply with all the terms and conditions specified in the
~jpit to be transferred under subsection (b); and
~
The Agency does not notify the existing permittee and the
proposed new permittee of its intent to modify or reissue
the permit.
A modification under this subsection
m_~1~o
be a minor modification under Section 704.264. If this
notice
is
not received, the
transfer is effective on the
107—421
17
date specified in the agreement mentioned in subsection
(b) (2).
BOARD NOTE:
Formerly codified
as 35 Ill.
Adm. Code 702.182.
Derived from 40 CFR 144.38 (1988).
(Source: Added at 14 Ill. Peg.
,
effective
Section 704.261 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 Ill. Adm. Code 702.140
through 702.152), receives a request for
modification
or reissuance or conducts
a review of the permit file), it may
determine whether or not one or more of the causes listed in Sections 704.262
and 704.263 for modification or rejssuarjce exist. If cause exists, the Agency
may modify or reissue the permit accordingly, sub-iect to the limitations of
Sec. 704.263 and
may request an updated application if
necessary.
When a
permit is modified, only the conditions sub’~ectto modification are reopened._
If cause does not exist under Sections 704.261 through 704.264, the Agency
shall not modify or reissue the permit. If a permit modification satisfies
the criteria in Sec. 704.264 for “minor modifications” the permit may be
modified without a draft permit or
public review. Otherwise, a draft permit
must be prepared and other procedures in 35 Ill. Adm. Code 705 followed.
BOARD NOTE: Formerly codified as
35 Ill. Adm. Code 702.183. Derived from 40
CFR 144.39.
(Source:
Added at 14 Ill. Peg.
,
effective
.)
Section 704.262 Causes for Modification
~j The following are causes for modification of permits. For Class
hazardous waste
iniection wells or Class
III wells, the following
may be causes for reissuance as well as modification. For all
other wells the following may be cause for reissuance as well as
modification
when the permittee requests or agrees:
fl
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.
21
Information. Permits other than for UIC Class III wells may
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. For UIC area permits
this cause shall include any information
indicating
that
cumulative effects on the environment are unacceptable.
107—4
22
18
~
New 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. Permits other than for UIC Class I hazardous wells
or Class III wells may be modified during their terms for
this cause only as follows:
~j The Agency may modify the permit when standards or
regulations on which the permit was based have been
changed by statute or amended standards or
regulations.
~j. The permittee may request modification when:
fl
The permit condition requested to be modified
was based on a promulgated 35 Ill. Adm. Code 730
regulation; and
jJJ..
The Board has revised, withdrawn or modified
that portion of the regulation on which the
permit condition was based; and
iii) A permittee requests modification in accordance
with 35 Ill. Adm. Code 705.128 within ninety
(90) days after Illinois Register notice of the
rulemaking on which the request is based.
~j. For ludicial decisions, a court of competent
lurisdiction has remanded and stayed Board promulgated
regulations, if the remand and stay concern that
portion of the regulations on which the permit
condition was based or if a request is filed by the
permittee in accordance with 35 Ill. Adm. Code 705.128
within ninety (90) days of ludicial remand.
il
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 remed~
~j. The following are causes to modify or, alternatively, reissue a
fl.
The Agency has received notification (as required in the
permit, see Section 702.152(c)) of a proposed transfer of
the permit.
A permit also
may be modified
to reflect a
transfer after the effective date of an automatic transfer
(Section 702.182(b)), but will not be reissued after the
107
—4 2 3
19
effective date of the transfer except upon the request of
the new permittee.
21
A determination that the waste being in-~ectedis a hazardous
waste as defined in 35 Ill. Adm. Code 721.103 either because
the
definition
has been revised, or because a previous
determination has been changed.
BOARD NOTE: Formerly codified as 35 Ill. Adm. Code 702.184.
Derived from 40 CFR
144.39, as amended at 53
Fed. Peg.
28147, July 26, 1988.
(Source: Added at 14 Ill. Peg.
,
effective
Section 704.263 Well Siting
Suitability of the well location will not be considered at the time of permit
modification 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 may require site location suitability approval pursuant
to Section 39.2 of the
Environmental Protection Act.
BOARD NOTE: Formerly codified as 35 Ill. Adm. Code
702.185. Derived from 40
CFR 144.39 (1988).
(Source: Added at
14 Ill.
Peg.
,
effective
Section 704.264 Minor Modifications
Upon the consent of the permittee, the Agency may modify a permit to make the
corrections or allowances for changes in the
permitted activity listed in this
Section, without following the procedures of 35 Ill. Adm. Code 705. Any
permit modification not processed as a minor modification under this Section
must be made for cause and with a 35 Ill. Adm. Code 705 draft permit and
public notice as required in Sections 704.261 through 704.263. Minor
modifications may only:
~j Correct typographical errors
~j Require more frequent monitoring or reporting by the permittee
çj. Change an interim compliance date in a schedule of compliance,
provided the new
date is not more than 120 days after the date
specified in the existing permit and does not interfere with
attainment of the final compliance date requirement; or
~
Allow for a change in ownership or operational control of a
facility where the Agency determines that no other change in the
permit is necessary, provided that a written agreement containing
a specific date for transfer of
permit responsibility, coverage
107—4
24
20
and liability between the current and new permitteeg has been
submitted to the Agency.
~.
Limited Changes:
fl
Change quantities or types of fluids inlected which are
within the capacity of the facility as permitted and, in the
iudgment of the Agency, would not interfere with the
operation of the facility or its ability to meet conditions
described in the permit and would not change its
classification.
21
Change construction requirements approved by the Agency
pursuant to 35 Ill. Adm. Code 704.182 (establishing UIC
permit conditions), provided that any such alteration shall
comply with the requirements of this Part and 35 Ill. Adm.
Code 704 and 730.
~j Amend a plugging and abandonment plan which has been updated
under 35 Iii. Adm. Code 704.181(e).
BOARD NOTE: Derived from 40 CFR 144.41 (1988)
(Source: Added at 14 Ill. Peg.
,
effective
1fl7--425
21
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER
I: POLLUTION CONTROL BOARD
SUBCHAPTER b:
PERMITS
PART 705
PROCEDURES FOR PERMIT ISSUANCE
SUBPART A:
GENERAL PROVISIONS
Sect ion
705.101
Scope and Applicability
705.102
Definitions
705.103
Computation of
Time
SUBPART B: PERMIT APPLICATIONS
Section
705.121
Permit Application
705.122
Completeness
705.123
Incomplete Applications
705.124
Site Visit
705.125
Effective Date
705.126
Decision Schedule
705.127
Consolidation of
Permit Processing
705.128
Modification or flovocation of Permits
SUBPART C: APPLICATION REVIEW
Section
705.141
Draft Permits
705.142
Statement of
Basis
705.143
Fact Sheet
705.144
Administrative Record for Draft Permits or Notices of Intent to
Deny
SUBPART D: PUBLIC NOTICE
Sect ion
705.161
When Public Notice Must Be Given
705.162
Timing of Public Notice
705.163
Methods of Public Notice
705.164
Contents of Public Notice
705.165
Distribution
of Other Materials
SUBPART E: PUBLIC COMMENT
Section
705.181
Public Comments and Requests for Public Hearings
705.182
Public Hearings
705.183
Obligation to Raise Issues
and Provide Information
705.184
Reopening of Public Comment Period
SUBPART F: PERMIT ISSUANCE
Section
705.201
Final Permit Decision
705.202
Stays In General
107—4 26
22
705.203
Stays for New Applications
705.204
Stays for Reapplications and Modifications
705.205
Stays Following Interim Status
705.210
Response to Comments
705.211
Administrative Record for Final Permits or Letters of Denial
705.212
Appeal
Appendix P. Procedures for Permit Issuance
Appendix B Modification Process
Appendix C Application Process
Appendix D Application Review Process
Appendix E Public Comment Process
Appendix F Permit Issuance or Denial
AUTHORITY: Implementing Section 13 and 22.4 and authorized by Section 27 of
the Environmental Protection Act (Ill. Rev. Stat. 1987 and 1988 Supp., oh.
111½, pars. 1013, 1022.4 and 1027).
SOURCE: 6 Ill. Peg. 12,479, effective as provided in
35 Ill. Adm. Code
700.106; amended at
7 Ill. Peg. 14352, effective
as provided in 35 Ill. Adm.
Code 700.106; amended in P84—9, at 9 Ill.
Peg. 11894, effective July 24, 1985;
amended in P89—2 at 14 Ill. Peg.
,
effective
SUBPART B: PERMIT APPLICATIONS
Section 705.128 Modification or I1evocation of Permits
a) Permits may be modified either at the request of any interested
person (including the permittee) or upon the Agency’s initiative.
However, permits may only be modified for the reasons specified in
35 Ill. Adm. Code ~-0--2.1B3704.261through 702.185104.263
5 Ill.
Adm. Code 703.270 through 703.273. All requests shall be in
writing addressed to the Agency (Division of Land Pollution
Control) and shall contain facts or reasons supporting the
request.
b) If the Agency decides the request is not justified, it shall send
the requester a brief written response giving a reason for the
decision. Denials of requests for modification are not subject to
public notice, comment or hearings. Denial of a request Ut
may be appealed to the Board pursuant to 35 Ill. Adm. Codct ~it
C) Agency Modification Procedures
1) If the Agency tentatively decides to initiate steps to
modify a permit under this Section and 35 Ill. Adm~ Comi
-
702.183704.261 through 702.185704.263 or 35 Ill. Ac~ Cc~
703.270 through 703.273 it shall, after giving public nctic~c
as though an application had’ been received (Section
705.l6l(a)(l)), prepare a draft permit under Section 70it 141
incorporating the proposed changes. The Agency may re~’1ucs1.
additional information and may require the submission of an
107—427
23
updat?d permit application. For reissued permits, the
Agency shall require the submission of a new application.
2) In a permit modification proceeding under this section, only
those conditions to be modified shall be reopened when a new
draft permit is prepared. During any modification
proceeding, including appeals if any, the permittee shall
comply with all conditions of the existing permit until a
new final permit is reissued.
3) “Minor modifications’~as defined in 35 Ill. Adm. Code
702.187704.264 and “Class 1 and 2 modifications,” as defined
in 35 111. Adm. Code 703.281 and 703.282, are not sub~ectto
the requirements of this section. If the Agency makes a
minor modification, the modified permit must be accompanied
by a letter stating the reasons for the minor modification.
d) To the extent that the Agency has authority to terminate, revoke,
or revoke and reissue permits, if it decides to do so, it must
prepare a draft permit
or notice of intent to deny in accordance
with Section 705.141.
e) The Agency or any person may seek the revocation of a permit in
accordance with Title VIII of the Environmental Protection Act and
in accordance with 35 Ill. Adm. Code 103. Revocation may be
sought only for those reasons specified in 35 Ill. Adrn. Code
702.186(a)-~4-)- through 702.186(a)(4)j~~.
BOARD NOTE:
Derived from 40 CFR 124.5 (1087) (1988), amended at
53 Fed. Req. 37934, September 26, 1988.
(Source:
Amended at 14 Ill. Peg.
,
effective
SUBPART D: PUBLIC NOTICE
Section
705.163 Methods
of Public Notice
Public notice of activities described in Section 705.161(a) shall be given by
the following methods:
a) By mailing a copy of a notice to the following persons (any person
otherwise entitled to receive notice under
this paragraph may
waive his or her
rights
to receive notice for any classes and
categories of permits):
1)
The applicant.
2) Any other agency or entity which the Agency knows is
required by state or federal law to review or approve
issuance of a RCRA or
UIC permit for the same facility or
activity (including the U.S. Environmental Protection
Agency, other Federal and State agencies with jurisdiction
107—428
24
over waterways, wildlife or other natural resources, and
other appropriate government authorities, including other
affected States and units of local government).
3) Federal and State agencies with jurisdiction over fish,
shellfish and wildlife resources and over costal zone
management plans, the Advisory Council on Historical
Preservation, State Historic Preservation Officers, and
other appropriate government authorities, including any
affected States;
4) Persons on a mailing list developed by:
A) Including those who request in writing to be on the
list;
B) Including participants in past permit proceedings in
that area; and
C) Notifying the public of the opportunity to be put on
the mailing list through periodic publication in the
public press and in governmental publications.
The
Agency may update the
mailing list from time to time
by requesting written indication of continued interest
from those
listed. The
Agency may delete from the
list the name of any person who fails to respond to
such a request.
5) For RCRA permits only:
A) To any unit of local government having jurisdiction
over the area where the facility is proposed to be
located; and
B) To each State Agency having any authority under State
law with respect to the construction or operation of
such facility.
6) For Class I in~iectionwell UIC permits only: to the
Illinois Department of Mines and Minerals.
fl
Any other person or entity which the Agency has reason to
believe would be particularly interested in or affected by
the proposed action.
b) Publication of notice:
1) For major UIC permits, publication of a notice in
y a:
weekly newspaper of general circulation within the
nru~:
affected by the facility or activity.
107—429
25
2) For RCRA permits, publication of a notice in a daily or
weekly major local newspaper of general circulation and
broadcast over local radio stations.
c) Any other method reasonably calculated to give actual notice cf
the action in question to the persons potentially affected by it.
BOARD NOTE: Derived from 40 CFR 124.10(c) (l0B7~ (1988), amended
at 53. Fed. Peg. 28147, July 26, 1988.
(Source: Amended at 14 Ill. Peg.
,
effective
107—430
26
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE C: 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
Section
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. 022.4
and 1027).
SOURCE: Adopted in P81—22, 43 PCB 427, at 5 Ill. Reg. 9781, effective c-s
noted in 35 Ill. Adm. Code 700.106; amended and codified in R81—22, 45 PC.:~
317, at 6 Ill. Peg. 4828, effective as noted in 35 Ill. Adm. Code 700.300;
amended in P82—19 at 7 Ill. Peg. 14015,
effective Oct. 12, 1983; amended in
P84—9, 53 PCB 131 at 9 Ill. Peg. 11819, effective
July 24, 1985;
amer.ic:4
P85—22 at 10 Ill. Peg.
968, effective January 2, 1986; amended in P86—i :t
IC
Ill. Beg. 13998, effective August 12, 1986; amended in P86—19 at 10 Ill.
I~r’cI.
20630, effective December 2, 1986; amended in P86—28 at 11 Ill. Peg. 601),
effective March 24, 1987; amended in R86—46 at 11 Ill. Peg. 13435, eff?:-t.i-,:
August 4, 1987; amended in P87—S at 11 Ill. Peg. 19280, effective Novembei
~,
1987; amended in P87—26 at 12 Ill. Peg. 2450, effective January 15, 1i’8-;
amended in R87—39 at 12 Ill. Peg. 12999, effective July 29, 1988; amended
-‘
P88—16 at 13 Ill. Peg. 362, effective December 27, 1988; amended in R89--1 cu--
10 7—43 1
27
13 Ill. Peg. 18278. effective November 13,
1989; amended in R89-2 at 14 Ill.
Peg.
,
effective
SUBPART B: DEFINITIONS
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:
ANSI B3l.3 and
631.4. See ASME/ANSI 831.3 and 331.4
API. Available from the American Petroleum Institute, 1220
L 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 Recommended Practice
1632, Second Edition, December, 1987.
“Installation of Underground Petroleum Storage
Systems,” API 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)
705—7722:
“Chemical Plant and Petroleum Refinery Piping”,
ASME/ANSI B31.3 1987, as supplemented by 33l.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 Setaf lash Closed Tester,” ASTM Standard D—3828-
87.
107—432
28
“ASTM Standard Test Methods for Flash Point Pensky-
Martens Closed Tester,”
ASTM Standard D—93-79 or D—
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:
“Control of External Corrosion on Metallic Buried,
Partially
Buried, or Submerged Liquid Storage
Systems”, NACE Recommended Practice PP0285-85,
approved March, 1985.
NFPA. Available from the National Fire Protection
Association, Batterymarch Park, Boston, MA 02269, (617)
770—3000 or (800) 344—3555:
“Flammable and Combustible Liquids Code”, 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/530—SW—87-011,
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”, EPA—S30/SW—611,
1977. (Document number PB 84—174820)
“Test Methods for Evaluating Solid Waste,
Physical/Chemical 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—l9SO:
107—4
33
29
“Standard for Dual Wall Underground Steel Storage
Tanks” (1986).
USEPA. Available from United States Envirgnmental
Protection Agency, Office of Drinking Water, State Programs
Division, WH 550 E, Washington, D.C. 20460:
“Technical Assistance Document: Corrosion, Its
Detection and Control in Inlection Wells”, EPA 570/9-
87—002, August, 1987.
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 (1988)
40 CFR 142 (1988)
40 CFR 220 (1988)
40 CFR 260.20
(1988)
40 CFR .264 (1988)
40 CFR 302.4, 302.5 and 302.6 (1988)
40 CFR 761 (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 14 Ill. Peg.
,
effective
107—434
30
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE C:
WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d:
UNDERGROUND INJECTION CONTROL AND UNDERGROUND
STORAGE TANK PROGRAMS
PART 730
UNDERGROUND INJECTION CONTROL OPERATING REQUIREMENTS
SUBPART A: GENERAL
Section
730.101
Applicability, Scope arid Effective Date
730.102
Laws Authorizing Regulations
730.103
Definitions
730.104
Criteria for Exempted Aquifers
730.105
Classification of Injection Wells
730.106
Area of Review
730.107
Corrective Action
730.108
Mechanical Integrity
730.109
Criteria for Establishing Permitting Priorities
730.110
Plugging and Abandoning Class I and III Wells
SUBPART B: CRITERIA
AND
STANDARDS APPLICABLE
TO CLASS
I NON-HAZARDOUS WELLS
Section
730.111
Applicability
730.112
Construction Requirements
730.113
Operating, Monitoring and Reporting Requirements
730.114
Information to be Considered by Agency
SUBPART C: CRITERIA AND
STANDARDS APPLICABLE
TO CLASS II WELLS
Section
730.121
Adoption of Criteria and Standards Applicable to Class II Wells by
the Illinois Department of Mines and Minerals
SUBPART D: CRITERIA AND STANDARDS APPLICABLE
TO CLASS III WELLS
Sect ion
730.131
Applicability
730.132
Construction Requirements
730.133
Operating, Monitoring and Reporting Requirements
730.134
Information to be Considered by the Agency
107—435
31
Applicability
Inventory and Assessment
Section
730.161
730.162
730.163
730. 164
730. 165
730. 166
730. 167
730. 168
730. 169
730. 170
730.171
730. 172
730.173
SUBPART G: CRITERIA AND STANDARDS APPLICABLE TO CLASS I
HAZARDOUS WELLS
Area of Review
Applicability and Definitions
Minimum Criteria for Siting
Area of Review
Correction Action for Wells in the
Construction Requirements
Logging, Sampling and Testing Prior to New Well Operation
Operating Requirements
Testing and Monitoring Requirements
Reporting Requirements
Information to be Evaluated by the Director
Closure
Post—Closure Care
Financial Reeponsibility for Post-Closure Care
AUTHORITY: Implementing Sections 13 and 22.4 and authorized by Section 27 of
the Environmental Protection Act (Ill. Rev. Stat. 1987 and 1988 Supp. ch. lii
1/2, pars. 1013, 1022.4 and 1027).
SOURCE: Adopted in R81—32, 47 PCB 93, at 6 Ill. Peg. 12,479, effective as,
noted in 35 Ill.. Adm. Code 700.106; amended in P82—19, 53 PCB 131 at 7 Ill.
Peg. 14426 effective as noted in 35 Ill. Adm. Code 700.106; recodified at 10
Ill. Peg. 14174; amended in P89—2 at 14 Ill. Peg.
,
effective
Section 730.101 Applicability, Scope and Effective Date
a) This Part sets forth technical criteria and standards for the
Underground Injection Control (UIC) Program. This Part should be
read in conjunction with 35 Ill. Adm. Code 702, 704 and 705 which
also apply to the UIC program. 35 Ill. Adm. Code 702 and 704
prescribe the regulatory requirements for the UIC permit program.
35 Ill. Adm. Code 70S describes the procedures the Illinois
Environmental Protection Agency (Agency) will use for issuing UIC
permits.
b) On and af~ the date of approval by the tJniteci t~ice~
Sect ion
730.151
730.152
SUBPART F: CRITERIA AND
STANDARDS APPLICABLE
TO CLASS V INJECTION WELLS
SUBPART A: GENERAL
£4 V ~L. L ~.J4L&tIC
£1 L. fl.L
&
~JL.C’..#
L.
-
flX~C1TL,
-.-
£ £1
I.. LC
~L 4. .4. 4
-
LI .4. LI
program February 1, 1984,
any underground injection which is not
authorized by rule or by permit is unlawful.
107—4 36
32
(Source: Amended at 14 Ill. Peg.
,
effective
Section 730.103 Definitions
The following definitions apply to the underground injection control program.
“Abandoned well” means a well whose use has been permanently
discontinued or which is in a state of disrepair such that it
cannot be used for its intended purpose or for observation
purposes.
“Act” or “fl.CIlA” 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, a~amended, 42 U.S.C. 6901.)
“Administrator” means the Administrator of the U.S. Environmental
Protection Agency or ~4ethe Administrator’s designee.
“Agency” means the Illinois Environmental Protection Agency.
“Application” means the Agency forms for applying for a permit,
including any additions, revisions or modifications to the forms.
For RCRA, application also includes the information required by
the Agency under 35 Ill. Adm. Code 703.182 et seq. (contents of
Part B of the PCRA application).
“Aquifer” means a geological formation, group of formations or
part of a formation that is capable of yielding a significant
amount of water to a well or spring.
“Area of review” means the area surrounding an “injection well”
-described according to the criteria set forth in Section 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 Section 730.106.
“Casing” means a pipe or tubing of appropriate material, of
varying diameter and weight, lowered into a borehole during or
after drilling in order to support the sides of the hole and thus
prevent the walls from caving, to prevent loss of drilling mud
into porous ground or to prevent water gas or other fluid from
entering or leaving the hole.
“Catastrophic collapse” means the sudden and utter failure of
overlying “strata” caused by removal of underlying materials.
“Cementing” means the operation whereby a cement slurry is pumped
into a drilled hole and/or forced behind the casing.
107—437
33
“Confining bed” means a body of impermeable or distiri~tlyless
permeable material stratigraphically adjacent to one or more
aquifers.
“Confining zone” means a geological formation, group of
formations, or part of a formation that is capable of limiting
fluid movement above an injection zone.
“Contaminant” means any physical, chemical, biological or
radiological substance or matter in water.
“Conventional mine” means an open pit or underground excavation
for the production of minerals.
“Date of approval by USEPA of the Illinois
UIC program” means t~’te
date on which “UCEPA”—dclegates primacy for the “UIC” pro-gram for
Claoa I, III, IV end V web to thc uta-te oz
IiLl .4.0
~
1. 1984
“Director” means the Director of the Illinois Environmental
Protection Agency or ~i9the Administrator’s designee.
“Disposal well” means a well used for the disposal of waste into a
subsurface stratum.
“Effective date of the UIC program” means the “date
04.
-~r~~o-v-a
U-~EPA of the Illinois UIC program.”February 1, 1984.
“Environmental Protection Act” means the Environmental Protection
Act (Ill. Rev. Stat. 1D8l1987 and 1988 Supp. ch. 111 1/2, par.
1001 et seq.), as amended.
“EPA” means the United States Environmental Protection Agency.
“Exempted aquifer” 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 of
35 Ill. Adm. Code 704.123, 704.104 and 702.105.
“Existing injection well” means an “injection well” other than a
“new injection well.”
“Experimental technology” means a technology which has not been
proven feasible under the conditions in which it is being tested.
“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- regulation under the
“State” PCRA or UIC program.
“Fault” means a surface or zone of rock fracture along which there
has been displacement.
107—438
34
“Flow rate” means the volume per unit time of the flow of a gas or
other fluid substance which emerges from an orifice, pump or
turbine or which passes along a conduit or channel.
“Fluid” means material or substance which flows or moves whether
in a semisolid, liquid sludge, gas or any other form or state.
“Formation” 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” means “fluid” present in a “formation” under
natural conditions as opposed to introduced fluids, such as
drilling mud.
“Generator” means any person, by site location, whose act or
process produces hazardous waste identified or listed in 35 Ill.
Adm. Code 721.
“Groundwater” means water below the land surface in a zone of
saturation.
“Hazardous waste” 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 combination of them).
“HWM facility” means “Hazardous Waste Management facility.”
“Illinois” means the State of Illinois.
“Injection well” means a “well” into which “fluids” are being
injected.
“Injection zone” means a geological “formation,” group of
formations or part of a formation receiving fluids through a well.
“Lithology” means the description of rocks on the basis of their
physical and chemical characteristics.
“Owner or operator” means the owner or operator of any facility or
activity subject to regulation under the PCP.A, UIC, Environmental
Protection Act or 404 program3.
107—
439
35
“Packer” means a device lowered into a well which can be expanded
to produce a fluid-tight
seal.
“Permit” means an authorization, license or equivalent control
document issued by the Agency to implement the requirements of
this Part ar1d 35 Ill. Ad.m. Code 702 through 705. Permit does not
include RCRA interim status, (35 Ill. Adrn.
Code 703, Subpart C),
UIC authorization by rule (Subpart C of 35 Ill. Adm.
Code 704), or
any permit which has not yet been the subject of final Agency
action, such as a “draft permit” or a “proposed permit.”
“Plugging” 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.
“Plugging record” means a systematic listing of permanent or
temporary abandonment of water, oil, gas, test, exploration and
waste injection wells, and may contain a well log, description of
amounts and types of plugging material used, the method employed
for plugging, a description of formations which are sealed ar.d a
graphic log of the well showing formation location, formation
thickness and location of plugging structures.
“Pressure” means the total load or force per unit area acting on a
surface.
“Project” means a group of wells in a sir.gle operation.
“Radicactive Waste” 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 35
Ill. A-dn. Code 720.111.
“P.CRA”
means
~
~
and flccovery ~ct of 1076 (rub. L.
~
~ Pub. L. 05- 609, 42 U.C.-C. 6001.rAct”.
“SDWA” means the Safe Drinking Water Act (Pub. L. 95—523, as
amended by P.L. 95—190, 42 U.S.C. 300(f)).
“Site” means the land or water area where any facility or ac:i’1-ity
is phys~.cal1y located or conducted, including adjacent lar.d used
in cc-nnecticn with the facility or activity.
“Sole or principal source aquifer” means an aquifer which has been
designated by the Administrator pursuant to Sections 1424(a) or
(3) of the SDWA.
“State” means the State of Illinois.
107—440
36
“Stratum” (plural strata) means a single sedimentary bed or layer,
regardless of thickness, that consists of generally the same kind
of rock material.
“Subsidence” means the lowering of the natural land surface in
response to: earth movements; lowering of fluid pressure, removal
of underlying supporting material by mining or solution of solids,
either artificially or from natural causes; compaction due to
wetting (Hydrocompaction); oxidation of organic matter in soils;
or added load on the land surface.
“Surface casing” means the first string of well casing to be
installed in the well.
“Total dissolved solids” (“TDS”) means the total dissolved
(filterable) solids as determined by use of the method specified
in 40 CFP 136, incorporated by reference in 35 Ill. Adm. Code
720.111.
“UIC” means the Underground Injection Control program under Part C
of the Safe Drinking Water Act, including the approved Illinois
program.
“Underground injection” means a “well injection.”
“Underground source of drinking water” (“USDW”) means an “aquifer’
or its portion:
Which supplies any public water system; or
Which contains a sufficient quantity of groundwater to
supply a public water system; and
Currently su.pplies drinking water for human
consumption; or
Contains less than 10,000 mg/~~total dissolved
solids; and
Which is not an exempted “aquifer”.
“USDW” means “underground source of
drinking water.”
“Well” means a bored, drilled or driven shaft, or a dug hole,
whose depth is greater than the largest surface dimension.
“Well 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.
107—441
37
“Well monitoring” means the measurement, by on—site instruments or
laboratory methods, of the quality of water in a well.
“Well plug” means a watertight and gastight seal installed in a
borehole or well to prevent movement of fluids.
“Well stimulation” means several processes used to clean the well
bore, enlarge channels and increase pore space in the interval to
be injected thus making it possible for wastewater to move more
readily into the formation, and includes surging, jetting,
blasting, acidizing and hydraulic fracturing.
BOARD NOTE: Derived from 40 CFR 146.3 (1988).
(Source: Amended at 14 Ill. Peg.
,
effective
SUBPART B: CRITERIA AND STANDARDS APPLICABLE TO
CLASS I NON-HAZARDOUS WELLS
Section 730.111 Applicability
This Subpart establishes criteria and standards for underground injection
control programs to regulate Class I non—hazardous wells.
BOARD NOTE: Derived from 40 CFR 146.11 (1988), as amended at 53 Fed. Req.
28148, July 26, 1988.
(Source: Amended at 14 Ill. Peg.
,
effective
Section 730.113 Operating, Monitoring and Reporting
Requirements
a) Operating Requirements. Operating requirements shall, at a
minimum, specify that:
1) Except during stimulation, injection pressure at the
welihead shall not exceed a maximum which shall be
calculated so as to assure that the pressure in the
injection zone during injection does not initiate new
fractures or propagate existing fractures in the injection
zone. In no case shall injection pressure initiate
fractures in the confining zone or cause the movement of
injection-or formation fluids into an underground source of
drinking water.
2) Injection between the outermost casing protecting
underground sources of drinking water and the well bore is
prohibited.
3) Unless an alternative to a packer has been approved under
Section 730.112(c), the anriulus between the tubing and the
long string of casings shall be filled with a fluid approved
10 7—442
38
by the Agency permit condition, and a pressure, al3o
approvcd by the Agency, prescribed by permit condition shall
be maintained on the annulus.
b) Monitoring Requirements. Monitoring requirements shall, at a
minimum, include:
1). The analysis of the injected fluids with sufficient
frequency to yield representative data of their
characteristics;
2) Installation and use of continuous recording devices to
monitor injection pressure, flow rate and volume, and the
pressure on the anriulus between the tubing and the long
string of casing;
3) A demonstration of mechanical integrity pursuant to Section
730.108 at least once every five years during the life of
the well; and
4) The type, number and location of wells within the area of
review to be used to monitor any migration of fluids into
and pressure in the underground sources of drinking water,
the parameters to be measured and the frequency of
monitoring.
c) Reporting Requirements. Reporting requirements shall, at a
minimum, include:
1) Quarterly reports to the Agency on:
A) The physical, chemical and other relevant
characteristics of injection fluids;
B) Monthly average, maximum and minimum values for
injection pressure, flow rate and volume, and annular
pressure; and
C) The results of monitoring prescribed under subsection
(b) (4).
2) Reporting the results, with the first quarterly report after
the completion of:
A) Periodic tests of mechanical integrity;
B) Any other test of the injection well conducted by the
permittee if required by the Agency permit condition
and
C) Any well work over.
ifl
7—443
39
~
Ambient -monitoring.
fl
Based on a site—specific assessment of the potential for
fluid movement from the well or irriection zone and on th~
potential value of monitoring wells to detect such movement~
the Agency shall require the owner or operator to develop a
monitoring program. At a minimum, the Agency shall require
monitoring of the pressure buildup in the irr~ectionzone
annually, including at a minimum, a shut down of the well
for a time sufficient to conduct a valid observation of t~
pressure fall—off curve.
~
When prescribing a monitoring system the Agency may also
require:
~
Continuous monitoring for pressure changes in the
first aquifer overlying the confining zone. When such
a well is installed, the owner or operator shall,Qfl...~
quarterly
basis, sample the aquifer and analyzejQ.~
constituents specified by permit condition
~j The use of indirect, geophysical techniques to
determine the position of the waste front, the ~
quality in a formation designated by permit coj~~on
or to provide other site—specific data
çj Periodic monitoring of the ground water guali~J~~he
first aquifer overlying the in-lection zogg~
P1
Periodic monitoring of the ground water quality in the
lowermost USDW; and
~.
Any additional monitoring necessary to determine
whether fluids are moving into or between U~Q3j~
BOARD NOTE: Derived from 40 CFR 146.13 l988J,~
amended at 53 Fed. Peg. 28148, July 26~1988.
(Source: Amended at 14 Ill. Peg.
,
effective
SUBPART G: CRITERIA AND STANDARDS APPLICABLE TO CLASS I
HAZARDOUS WELLS
Section 730.161 Applicability and Definitions
~.
This Subpart establishes criteria and standards for underground
inlection control programs to regulate Class I hazardous waste
iniection wells. Unless otherwise noted, this Subpart supplements
the requirements of Subpart A and applies instead of Subpart B to
Class I hazardous waste inlection wells.
ki.
Definitions
107—4 44
40
“Cone of influence” means that area around the well within
which increased injection zone pressures caused by injection
into the hazardous waste injection well would be sufficient
to drive fluids into a USDW.
“Existing well” means a Class I well which had a UIC permit
or UIC permit by rule prior to August 25, 1988 or a well
which has become a Class I well as a result of a change in
the definition of the injected waste which would render the
waste hazardous under 35 Ill. Adm. Code 721.103.
“Injection interval” means that part of the injection zone
in which the well is screened, or in which the waste is
otherwise directly emplaced.
“New well” means any Class I hazardous waste injection well
which is not an existing well.
“Transmissive fault or fracture”
is a fault or fracture that
has sufficient
permeability and vertical extent to allow
fluids to move between formations.
BOARD NOTE: Derived from 40 CFR 146.61, as added at 53 Fed.
Req. 28148, July 26, 1988.
(Source: Added at 14 Ill. Peg.
,
effective
Section 730.162 Minimum Criteria for Siting
~J
All Class I hazardous waste injection wells
must be sited such
that they inject into a formation that is beneath the lowermost
formation containing, within 402 meters (1/4 mile)
of the well
bore, a tJSDW.
~J
The siting of Class
I hazardous waste injection wells shall be
limited to areas that are geologically suitable. The Agency shall
determine geologic suitability based upon:
jj. An analysis of the structural and stratigraphic geology, the
hydrogeology and the seismicity of the region
21
An analysis of the local geology and hydrogeology of the
well site, including, at a minimum, detailed information
regarding stratiqraphy, structure and rock properties,
aquifer hydrodynamics and mineral resources; and
~
A determination that the geology of the area can be
described confidently and that limits of waste fate and
transport can be accurately predicted through the use of
models.
107— 445
41
~j. Class I hazardous waste injection wells shall be sited such that:
fl
The injection zone has sufficient permeability, porosity,
thickness and area extent to prevent migration of fluids
into USDWS; and
2..).
The confining zone:
~J.
Is laterally continuous and free of transectirig,
transmissive faults or fractures over an area
sufficient to prevent the movement of fluids into a
(JSDW; and
flj,, Contains at least one formation of sufficient
thickness and with lithologic and stress
characteristics capable of preventing vertical
propagation of fractures.
~j The owner or operator shall demonstrate to the Agency that:
fl
The confining zone is separated from the base of the
lowermost USDW by at least one sequence of permeable and
less permeable strata that will provide an added layer of
protection for the USDW in the event of fluid movement in an
urilocated borehole or transmissive fault; or
2.1
Within the area of review, the piezometric surface of the
fluid in the injection zone is less than the piezometric
surface of the lowermost USDW, considering density effects,
injection pressures and any significant pumping in the
overlying USDW; or
~j. There is no USDW present.
4.). The owner or operator of a site which does not meet the
requirements in subsection (d)(l), (d)(2), or (d)(3) may
petition the Board for an adjusted standard pursuant to 35
Ill. Adm. Code 106.Subpart G. The Board may grant an
adjusted standard approving such a site if it determines
that because of site geology, nature of the wastes involved,
or other considerations, abandoned boreholes or other
conduits would not cause an endangerment of USDWs. A
petition for an adjusted standard under this subsection must
include the following components:
~j. Those portions of a permit application for the
particular injection activities and site which are
relevant to the Board’s determination; and
~j Such other relevant information that the Board may by
order require pursuant to 35 Ill. Adm. Code
106.705(1).
107—446
42
BOARD NOTE: Derived from 40 CFR 146.62, as added at
53 Fed. Peg. 28148, July 26, 1988.
(Source: Added at 14 Ill. Reg.
,
effective
Section 730.163 Area of Review
For the purposes of Class I hazardous waste injection wells, this Section
applies instead of Section 730.106. The area of review for Class I hazardous
waste wells shall be a 2—mile radius around the well bore. The Agency may
specify by permit condition a larger area of review in the lflC permit based on
the calculated cone of influence of the well.
BOARD NOTE: Derived from 40 CFR 146.63, added at 53 Fed. Req. 28148, July 26,
1988.
(Source: Added at 14 Ill. Peg.
,
effective
Section 730.164 Corrective Action for Wells in the Area of
Review
For the purposes of Class I hazardous waste injection wells, this Section
applies instead of 35 Ill. Adm. Code 704.193 and Section 730.107.
~.).
The owner or operator of a Class I hazardous waste well shall, as
part of the permit application, submit a plan to the Agency
outlining the protocol used to:
fl.
Identify all wells penetrating the confining zone or
injection zone within the area of review; and
21
Determine whether wells are adequately completed or plugged.
~J.
The
owner or operator of a Class I
hazardous waste well shall
identify the location of all wells within the area of review that
penetrate the injection zone or the confining zone and shall
submit as required in Section 730.170(a):
fl.
A tabulation of all wells within the area of review that
penetrate the injection zone or the confining zone; and
21
A description of each well or type of well and any records
of its plugging or completion.
~J.
For wells that the Agency determines are improperly plugged,
completed or abandoned, or for which pluggigg or completion
information is unavailable, the applicant shall also submit a plan
consisting of such steps or modification as are necessary to
prevent movement of fluids into or between USDW5. Where the plan
is adequate, the Agency shall incorporate it into the permit as a
condition. Where the Agency’s review of an application indicates
107 —44 7
43
the permittee’s plan is inadeo’uate (based at a minimum on the
factors in subsection (e)), the Agency shall:
fl
Require the applicant to revise the plan
21
Prescribe a plan for corrective action as a condition of the
permit; or
21
Deny the application.
~j Requirements:
fl
Existing injection wells. Any ocr-mit issued for an existicg
Class I hazardous waste inection well requiring corrective
action other than pressure limitations must include a
compliance schedule under 35 Ill. Ado. Code 702.162
requiring any corrective action accepted or crescribed under:
subsection (C). Any such ccmpliance schedule must crovide
for compliance no later than 2 years following issuance of
the permit and must reauire observance of appropriate
pressure limitations under subsection (d)(3) until all other
corrective action measures have been implemented.
2.1
New injection wells. No owner or operator of a new Class I
hazardous waste injection well may begin injection until all
corrective act ior.s recuired under this Section have been
taken.
~j. The Agency may recuire pressure limitations instead of
pluggin-j. If pressure limitations are used instead of
plugging, the Agency shall require as a permit condition
that injection pressure be limited so that pressure in the
injection zone at the site of any improperly completed or
abandoned well within the area of review would not be
sufficient to drive fluids into or between USDWs. This
pressure limitation shall satisfy the corrective action
requirements. Alternatively, such injection pressure
limitation may be made part of a compliance schedule under
35 Ill. Adm. Code 702.162 and may be required to be
maintained until all other required corrective actions have
been imolemented.
~J
The Aqency shall consider the following criteria and factors in
determining the adequacy of corrective action proposed by the
applicant under subsection (C) and in determining the additional
steps needed to prevent fluid movement into and between USD~s:
jJ. Nature and volume of injected fluid
2..).
Nature of native fluids or byproducts of injection
~j Geoloqy~
I fl 7—449
44
~j. Hydrology
~j History of the injection operation
~
Completion and plugging records
1.).
Closure procedures in effect at the time the well was
closed
~j Hydraulic connections with USDWs
~j. Reliability of the procedures used to identify abandoned
wells; and
IQi.
Any other factors which might affect the movement of fluids
into or between USDWs.
BOARD NOTE: Derived from 40 CFR 146.64, as added at 53 Fed.
Req. 28149, July 26, 1988.
(Source: Added at 14 Iii. Peg.
,
effective
Section 730. 165 Construction Requirements
,~j. General. All existing and new Class I hazardous waste injection
wells shall be constructed and completed to:
j). Prevent the movement of fluids into or between USDW5 or into
any unauthorized zones
21
Permit the use of appropriate testing devices and workover
tools; and
21
Permit continuous monitoring of injection tubing and long
string casing as required pursuant to Section 730.167(f)
~j. Compatibility. All well materials must be compatible with fluids
with which the materials may be expected to come into contact.
The owner or operator shall employ any compatibility testing
method specified by permit condition. The owner or operator may
otherwise refer to “Technical Assistance Document: Corrosion, Its
Detection and Control in Injection Wells,” EPA 570/9—87-002,
incorporated by reference at 35 Ill. Adrn. Code 720.111.
s.).
Casing and Cementing New Wells.
1).
Casing and cement used in the construction of each newly
drilled well shall be designed for the life expectancy of
the well, including the post—closure care period. The
casing and cementing program shall be designed to prevent
the movement of fluids into or between USDW5, and to prevent
107—449
45
potential leaks of fluids from the well. The Agency shall
consider the following information as required by Section
730.170 in determining and specifying casing and cementing
requirements:
~j Depth to the injection zone
flj.. In-jection pressure, external pressure, internal
pressure and axial loading
çj Hole size~
~
Size and grade of all casir.g strings (well thickness~
diameter, nominal weight, length, joint specificatio:~
and construction material)
~j Corrosiveness of injected fluid, formation fluids and
temperature
~‘J Lithology of injection and confining zones
~j Type or grade of cement; and
~fl
Quantity and chemical comoosition of the in-lected
fluid.
2.1
One surface casing string must, at a minimum, extend into
the confining bed below the lowest formation that containF-~
USUW and be cemented by circulating cement from the base of
the casing to the surface, using a minimum of 120 oflt~e
calculated annular volume. The Agency may require more tjijL’
120 when the geology or other circumstances warrar.t it.
~j At least one long string casing, using a sufficient number
of centralizers, must extend to the injection zone and mu~
be cemented by circulating cement to the surface in cne or
more stages:
~J..
Of sufficient guantity and quality to withstand the
maximum operating pressure; and
~
In a quantity no less than 120 of the calculated
volume necessary to fill the annular space. The
Agency shall require more than 120 when the oeoloq~
or other circumstances warrant it.
j). Circulation of cement may be accomplished by stagirT~~~e
Agency may approve an alternative method of cementing in
cases where the cement cannot be recirculated to the
surface, provided the
owner
or operator can demonstrate by
using logs that the cement is continuous and does not allq~
fluid movement behind the well bore.
107—450
46
~1
Casings, including any casing connections, must be rated to
have sufficient structural strength to withstand, for the
design life of the well:
~j The maximum burst and collapse pressures which may be
experienced during the construction, operation and
closure of the well; and
fl.).
The maximum tensile stress which may be experienced at
any point along the length of the casing during the
construction, operating, and closure of the well.
~i.
At a minimum, cement and cement additives must be of
sufficient quality and quantity to maintain integrity over
the design life of the well.
~
Tubing and packer.
21
All Class I hazardous waste injection wells must inject
fluids through tubing with a packer set at a point specified
by permit condition.
21
In determining and specifying requirements for tubing and
packer, the following factors must be considered
i.).
Depth of setting
~j. Characteristics of injection fluid (chemical content,
corrosiveness, temperature and density)
p.).
Injection pressure
p1 Annular pressure
~
Rate (intermittent or continuous), temperature and
volume of injected fluid
fl.
Size of casing; and
~j. Tubing tensile, burst, and collapse strengths.
~j The Agency may approve the use of a fluid seal if it
determines that the following conditions are met:
~1
The operator demonstrates that the seal will provide a
level of protection comparable to a packer
~J
The operator demonstrates that the staff is, and will
remain, adequately trained to operate and maintain the
well and to identify and interpret variations in
parameters of concern
107—451
47
~j The permit contains specific limitations on variations
in annular pressure and loss of annular fluid
pj The design and construction of the well allows
continuous monitoring of the annular pressure and nas~
balance of annular fluid; and
A secondary system js used to monitor the interface
between the annulus fluid and the injection fluid and
the permit contains requirements for testing the
system every three months and recording the results.
BOARD NOTE: Derived from 40 CFR 146.65, added at 53
Fed. Peg. 28149, July 26, 1988.
(Source: Added at 14 Ill. Peg.
,
effective
Section 730.166 Logging, Sampling, and Testing Prior to New Well Operation
~j During the drilling and construction of a new Class I hazardous
waste injection well, the owner or operator shall run appropriate
logs and tests to determine or verify the depth, thickness,
pp~ositv1 permeability,
rock
type and the salinity of any
entrained fluids in, all relevant geologic units to assure
conformance with performance standards in Section 730.165 and to
establish accurate baseline data against which future measurements
may be compared. A descriptive report interpreting results of
such logs and tests shall be prepared by a knowledgeable log
analyst and submitted to the Agency. At a minimum, such logs and
tests must include:
21
Deviation checks during drilling on all holes constructed
by
drilling a pilot hole which is enlarged by reaming or
another method. Such checks must be at sufficiently
frequent intervals to determine the location of the borehole
and to assure that vertical avenues for fluid movement in
the form of diverging holes are not created during drillinq~
and
21
Such other logs and tests as may be needed after taking into
account the availability of similar data in the area of the
drilling site, the construction plan, and the need for
additional information that may arise from time to time as
the construction of the well progresses. At a minimum, the
following logs must be required in the following situations:
~j Upon installation of the surface casing:
~,j Resistivity, spontaneous potential, and caliber
logs before the casing is installed; and
107—4 52
48
jjJ A cement bond and variable density log, and a
temperature log after the casing is set and
cemented; and
~
Upon installation of the long string casing:
£1
Resistivity, spontaneous potential, porosity,
caliper, gamma ray, and fracture finder logs
before the casing is installed; and
LU.
A cement bond and variable density log, and a
temperature log after the casing is set and
cemented; and
çj The Agency shall allow the use of an alternative to
the above logs when an alternative will provide
equivalent
or better information; and
21
A mechanical integrity test consisting of:
~j A pressure test with liquid or gas
~J
A radioactive tracer survey
~
A temperature or noise log
p1
A casing inspection log1
if required by permit
condition; and
~j Any other test required by permit condition.
~).
Whole cores or sidewall cores of the confining and injection zones
and formation fluid samples from the injection zone must be taken.
The Agency may accept cores from nearby wells if the owner or
operator can demonstrate that core retrieval is not possible and
that such cores are representative of conditions at the well. The
Agency may require the owner or operator to core other formations
in the borehole.
çj~ The fluid temperature, pH, conductivity, pressure and the static
fluid level of the injection zone must be recorded.
~
At a minimum, the following information concerning the injection
and confining zones shall be determined or calculated for Class I
hazardous waste injection wells:
ii.
Fracture pressure~
21
Other physical and chemical characteristics of the injection
and confining zones; and
10
7—4 53
49
21
Physical and chemical characteristics of the formation
fluids in the injection zone.
~j Upon completion, but prior to operation, the owner or operator
shall conduct the following tests to verify hydrogeologic
characteristics of the injection zone:
fl
A pump test; or
21
Injectivity tests.
fj
The Agency
shall have the opportunity-to witness all logging and
testing required by this Subpart. The owner or operator shall
submit a schedule of such activities to the Agency not less than
30 days prior to conducting the first test.
BOARD NOTE: Derived from 40 CFR 146.66, as added at 53 Fed. Beg.
28150, July 26, 1988.
(Source: Added at 14 Ill. Peg.
,
effective
Section 730.167 Operating Requirements.
~j Except during stimulation, the owner or operator shall assure that
injection pressure at the wellhead does not exceed a maximum which
shall be calculated so as to assure that the pressure in the
injection zone during injection does not initiate new fractures or
propagate existing fractures in the injection zone. The owner or
operator shall assure that the injection pressure does not
initiate fractures or propagate existing fractures in the
confining zone, nor cause the movement of injection or formation
fluids into a USDW.
~j Injection between the outermost casing protecting USDWs and the
well bore is prohibited.
£1
The owner or operator shall maintain an annulus pressure that
exceeds the operating- injection pressure, unless the Agency
determines that such a -requirement might harm the integrity of the
well. The fluid in the annulus must be noncorrosive, or must
contain a corrosion inhibitor.
~j The owner or operator shall maintain mechanical integrity of the
injection well at all times.
~j Permit requirements for owners or operators of hazardous waste
injection wells which inject wastes which have the potential to
react with the
injection formation to generate oases must include:
11
Conditions limiting the temperature, pH or acidity of the
injected waste; and
10 7—4 54
50
21
Procedures necessary to assure that pressure imbalances
which might cause a backflow or blowout do not occur.
~j.. The owner or operator shall install and use continuous recording
devices to monitor: the injection pressure; the flow rate,
volume, and temperature of injected fluids, and the pressure on
the annulus between the tubing and the long string casing, and
shall install and use:
21
Automatic alarm and automatic shut-off systems, designed to
sound and shut—in the well when pressures and flow rates or
other parameters specified by permit condition exceed a
range or gradient specified in the permit; or
21
Automatic alarms, designed to sound when the pressures and
flow rates or other parameters exceed a rate or gradient
specified in the permit, in cases where the owner or
operator certifies that a trained operator will be on-site
at all times when the well is operating.
9j If an automatic alarm or shutdown is triggered, the owner or
operator shall immediately investigate and identify the cause of
the alarm or shutoff without undue delay. If, upon such
investigation, the well appears to be lacking mechanical
integrity, or if monitoring required under subsection (f)
otherwise indicates that the well may be lacking mechanical
integrity, the owner or operator shall:
IL
Stop injecting waste fluids unless authorized by permit
condition to continue or resume injection
21
Take all necessary steps to determine the presence or
absence of a leak; and
21
Notify the Agency within 24
hours after the alarm or
shutdown.
~jj If a loss of mechanical integrity is discovered pursuant to
subsection (g) or during periodic mechanical integrity testing,
the owner or operator shall:
IL
Immediately cease injection of waste fluids
21
Take all steps reasonably necessary to determine whether
there may have been a release of hazardous wastes or
hazardous waste constituents
into any unauthorized
zone
21
Notify the Agency within 24 h.ours after loss of mechanical
integrity
is discovered
41
Notify the Agency when injection can be expected to resume
and
107—455
51
~j. Restore and demonstrate mechanical integrity pursuant to
Section 730.108 prior
to resuming injection of waste fluids.
~1
Whenever the owner or operator obtains evidence that there may
have been a release of injected wastes into an unauthorized z
fl
The owner or operator shall immediately cease injection of
-
waste fluids, and:
~j Notify the Agency within 24 hours of obtaining such
evidence
pj Take all necessary steps to identify and characteri~
the extent of any release
Qj.
Comply with any remediation plan specified by permit
condition
p1 Implement any remediation plan specified by permit
condition; and
~j
Where such release is into a
USDW currently serving as
a water supply, place a notice in a newspaper of
general circulation.
21
The Agency shall permit the operator to resume injection
prior to completing cleanup action if the owner or operator
demonstrates that the injection operation will not end ~
USDWs.
jJ~
The owner or operator shall notify the Agency and obtain a perm4,t
modification prior to conducting any well workover.
BOARD NOTE: Derived from 40 CFR 146.67, as added at 53 Fed. Req.
28150, July 26, 1988.
(Source: Added at 14 Ill. Peg.
,
effective
Section 730.168 Testing and Monitoring Requirements
Testing and monitoring requirements shall at a minimum include:
~j Monitoring of the injected wastes.
IL The owner or
operator shall develop and follow an approved
written waste analysis plan that describes the procedures to
be carried out to obtain a detailed chemical and physical
anaiysis of a representative sample of the waste, including
the quality assurance procedures used. At a minimum, the
plan shall specify:
107-L
52
~
The parameters
for which the waste will be analyzed
and the rationale for the selection of these
parameters
~J
The test methods that will be used to test for these
parameters; and
Qj The sampling method that will be used to obtain a
representative sample of the waste to be analyzed.
21
The owner or operator shall repeat the analysis of the
injected wastes as described in the waste analysis plan at
frequencies specified in the waste analysis plan and when
process or operating changes occur that may significantly
alter the characteristics of the waste stream.
21
The owner or operator shall conduct continuous or periodic
monitoring of selected parameters as required by permit
condition.
41
The owner or operator shall assure that the plan remains
accurate and the analyses remain representative.
~j ~jydrogeo1oqic compatibility determination. The owner or operator
shall submit information demonstrating that the wastestream and
its anticipated reaction products will not alter the permeability,
thickness or other relevant characteristics of the confining or
injection zones such that they would no longer meet the
requirements specified in Section 730.162.
~j Compatibility of well materials.
IL
The owner or operator shall demonstrate that the waste
stream will be compatible with the well materials with which
the waste is expected to come into contact, and submit to
the Agency a description of the methodology used to make
that determination. Compatibility for the purposes of this
requirement is established if contact with injected fluids
will not cause the well materials to fail to satisfy any
design requirement imposed under Section 730.165(b).
21
The Agency shall require continuous corrosion monitoring of
the construction materials used in the well for wells
injecting corrosive waste, and may require such monitoring
for other wastes, by:
-
~j Placing coupons of the well construction materials in
contact with the waste stream; or
~
Pouting the waste stream through a loop constructed
with the material used in the well; or
107—4 57
53
~j Using an alternative method approved by permit
condition.
21
If a corrosion monitoring program is required:
~j The test must use materials identical to those used in
the construction of the well, and such materials must
be continuously exposed to the operating pressures and
temperatures (measured at the well head) and flow
rates of the injectior. operation; and
~j The owner or operator shall monitor the materials for
loss of mass, thickness, cracking, pitting and other
signs of corrosion on a quarterly basis to ensure that
the well components meet the minimum standards for
material strength and performance set forth in Section
730.165(b).
~
Periodic mechanical integrity testing. In fulfilling the
requirements of Section 730.108, the owner or operator of a Class
I hazardous waste injection well shall conduct the mechanical
integrity testing as follows:
IL
The long string casing, injection tube, and annular seal
must be tested by means of an approved pressure test with a
liquid oi~g~asannually and whenever there has been a well
workover
2.1
The bottom—hole cement must be tested by means of an
approved radioactive tracer survey annually
21
An approved temperature, noise, or other approved log must
be run at least once every five years to test for movement
of fluid along the borehole. The Agency may require such
tests whenever the well is worked over
41
Casing inspection logs must be run at least once every five
years unless the permit specifies otherwise due to well
construction or other factors which limit the test’s
reliability; and
~j Any other test specified by permit condition in accordance
with the procedures in Section 730.108(d) may also be used.
~j Ambient Monitoring.
IL
Based on a site—specific assessment of the potential for
fluid movement from the well or injection zone, and on the
potential value of monitoring wells to detect such movement,
the Agency shall require the owner or operator to develop a
monitoring program. At a minimum, the Agency shall require
monitoring of
-~
pressure buildup in the injection zone
54
annually, including at a minimum, a shut down of the well
for a time sufficient to conduct a valid observation of the
pressure fall—off curve.
21
When prescribing a monitoring system the Agency may also
require:
~J Continuous monitoring for pressure changes in the
first aquifer overlying the confining zone. When such
a well is installed, the owner or operator shall, on a
quarterly basis, sample the aquifer and analyze for
constituents specified by permit condition
~j The use of indirect, geophysical techniques to
determine the position of the waste front, the water
quality in a formation designated by permit condition,
or to provide other site-specific data
çj Periodic monitoring of the groundwater quality in the
first aquifer overlying the injection zone
p1 Periodic monitoring of the ground water quality in
thE?
lowermost USDW
~j Any additional monitoring necessary to determine
whether fluids are moving into or between USDWs; and
~j The Agency may require seismicity monitoring when it
has reason to believe that the injection activity
may
have the capacity to cause seismic disturbances.
BOARD NOTE: Derived from 40 CFR 146.68, as added at 53
Fed. Req. 28151, July 26, 1988.
(Source: Added at 14 Ill. Peg.
,
effective
Section 730.169 Reporting Requirements
Reporting requirements must, at a minimum, include:
~j Quarterly reports to the Agency containing:
IL
The maximum injection pressure
21
A description of any event that exceeds operating parameters
for annulus pressure or injection pressure as specified in
the permit
11 A description of any event which triggers an alarm or
shutdown device required pursuant to Section 730.167(f) and
the response taken
107—459
55
41 The total volume of fluid injected
~
Any change in the annular fluid volume
~j The physical, chemical and other relevant characteristics of
injected fluids; and
21 The results of monitoring prescribed under Section 730.168
and
~3j Reporting, within 30 days or with the next quarterly report
whichever comes later, the results of
IL
Periodic tests of mechanical integrity
21
Any other test of the injection well conducted by the
permittee if required by permit condition; and
11
Any well workover.
BOARD NOTE: Derived from 40 CFR 146.69, as added at 53 Fed.
Req. 28152, July 26, 1988.
(Source: Added at 14 Ill. Peg.
,
effective
Section 730.170 Information to be Evaluated
This Section sets forth the information which must be evaluated by the Agency
in authorizing Class I hazardous waste injection wells. For a new Class I
hazardous waste injection well, the owner or
operator shall submit all the
information listed below as part of the permit application. For an existing
or converted Class I hazardous waste injection well, the owner or operator
shall submit all information listed below as part of the permit application
except for those items of information which are current, accurate and
available in the existing permit file. For both existing and new Class I
hazardous waste injection wells, certain maps, cross—sections, tabulations of
wells within the area of review and other data may be included in the
application by reference, provided they are current and readily available to
the Agency (for example, in the permitting Agency’s file) and sufficiently
identifiable to be retrieved.
~j
Before issuing a permit for
an existing Class I hazardous waste
injection well
to operate or
the construction or conversion of a
new Class I hazardous waste injection well, the Agency shall
review the following to assure that the requirements of this Part
and 35 Ill. Adm. Code 702 and 704 are met:
11 Information required in 35 Ill. Adrn. Code 704.161
21 A map showing the injection well for which a permit is
sought and the applicable area of review. Within the area
of review, the ma~ i. show the number or name and Location.
1- () 7— (~6(1
56
of all producing wells, injection wells, abandoned wells,
dry holes, surface bodies of water, springs, mines (surface
and subsurface), quarries, water wells and other pertinent
surface features, including residences and roads. The map
must also show faults,
if known or suspected
~J A tabulation of all wells within the area of review which
penetrate the proposed injection zone or confining zone.
Such data must include a description of each well’s type,
construction, date drilled, location, depth, record of
plugging or completion and any additional information the
Agency may require
41 The protocol followed to identify, locate and ascertain the
condition of abandoned wells within the area of review which
p~q~tratethe injection or the confining zones
~j Maps and cross—sections indicating the general vertical and
lateral limits of all underground sources of drinking water
within the area of review, their position relative to the
injection formation and the direction of water movement,
where known, in each underground source of drinking water
which may be affected by the proposed injection
~j Maps and cross—sections detailing the geologic structure of
the local area~
21 Maps and cross—sections illustrating the regional geologic
setting
~j Proposed operating data:
~j Average and maximum daily rate and volume of the fluid
to be injected; and
~J Average and
maximum
injection pressure
~j.. Proposed formation testing program to obtain an analysis of
the chemical, physical and radiological characteristics of
and other information on the injection formation and the
confining zone
jQJ Proposed stimulation program
ILl Proposed injection procedure
12i. Schematic or other appropriate drawings of the surface and
subsurface construction details of the well
),~J Contingency plan to cope with all shut—ins or well failures
so as to prevent migration of fluids into any USDW
107—461
57
141 Plans (including maps) for meeting monitoring requirements
of Section 730.168
j~j For wells within the area of review which penetrate the
injection zone or the confining zone but are not properly
completed or plugged, the corrective action to be taken
under Section 730.164
j~j Construction procedures including a cementing
and
casing
program, well materials specification and their life
expectancy, logging procedures, deviation checks, and a
drilling, testing and coring program; and
12J. A demonstration pursuant to 35 Ill. Adm. Code 704.Subpart G~
that the applicant h~s the resources necessary to close,
plug or abandon the well and for post—closure care.
~j Before the Agency grants approval for the operation of a Class I
hazardous waste injection well, the owner or operator shall subg~~
and the Agency shall review the following information, which must
be included in the completion report:
IL
All available logging and testing program data on the well~
21 A demonstration of mechanical integrity pursuant to Sect~2D
730.168
IL The anticipated maximum pressure and flow rate at which tji~
permittee will operate
41 The results of the injection zone and confining zone tes~Iacj
program
as required in Section 730.170(a) (9)
~J The actual injection procedure
,~J.. The compatibility of injected waste with fluids in the
injection zone and minerals in
both the injection zone
the confining zone and with the materials used to constr~~
the well
21
The calculated area of review based on data obtained du~1fl9
logging and testing of the well and the formatioriand~wherg
necessary, revisions to the information submitted under
Section 730.l70(a)(2) and (3); and
,~j.. The status of corrective action on wells identified in
Section 730. 170(a)(l5).
~gj.. Prior to granting approval for the pluggLng and abandonment (i.e.
closure) of a Class I hazardous waste injection well, the Agency
shall review the information required in Sections 730.171fa)kj.).
‘~0.172t~).
107— i62
58
~
Any permit issued for a Class I hazardous waste injection well for
disposal on the premises where the waste
is generated must contaig
a certification by the owner or operator that:
IL
The generator of the hazardous waste has a program to reduce
the volume or quantity and toxicity of such waste to the
degree determined by the generator to be economically
practicable; and
21 Injection of the waste is that oracticable method of
disposal currently available to the generator which
minimizes the present and future threat to human health and
the environment.
BOARD NOTE: Derived from 40 CFR 146.70, as added at 53 Fed.
Req. 28152, July 26, 1988.
(Source: Added at 14 Ill. Reg.
,
effective
Section 730.171 Closure
~
Closure Plan. The owner or operator of a Class I hazardous waste
injection well shall prepare, maintain, and comply with a plan for
closure of the well that meets the requirements of subsection (d)
and is specified by permit condition. The obligation to implement
the closure plan survives the termination of a permit or the
cessation of injection activities. The requirement to maintain
and implement an approved plan is directly enforceable regardless
of whether the requirement is a condition of the permit.
IL
The owner or operator shall submit the plan as a part of the
permit application and, upon approval by the Agency, such
plan must be a condition of any permit issued.
21 The owner or operator shall submit any proposed significant
revision to the method of closure reflected in the plan for
approval by the Agency no later an the date on which
notice of closure is required to be submitted to the Agency
under subsection (b).
j) The plan must assure financial responsibility as required in
35 Ill. Adm. Code 704.189.
41 The plan must include the following information:
~j The type and number of plugs to be used
flj~ The placement of each plug including the evaluation of
the top and bottom of each plug
107—4 63
59
Qj~ The type and grade and quantity of material to be used
in plugging
~j The method of placement of the plugs
~
Any proposed test or measure to be made
F) The amount, size and location (by depth) of casing and
any
other materials to be left in the well
~j Theif
applicablemethod
and location where casing is to be parted1
~j The procedure to be used to meet the requirements of
subsection (d)(5); and
fl The estimated cost. of closure.
~j. The Agency must modify a closure plan following the
procedures of 35 Ill. Adm. Code 702.Subpart C.
~j An owner or operator of a Class I hazardous waste injection
well who stops injection temporarily, may keep the well open
if the owner or onerator:
~j Has received authorization from the Agency; and
~j Has described actions or procedures, satisfactory to
the Acency, that the owner or operator will take
actions to ensure that the well will not endanger
USDWs during the period of temporary disuse. These
actions and procedures must include compliance with
the technical requirements applicable to active
injection wells unless otherwise waived by permit
condition.
C
For the purposes of this subsection, submitting a
description of actions or procedures for Agency
authorization is in the nature of a permit
application, and the owner or operator may appeal the
Agency’s decision to the Board.
21
The
owner or operator of a well that has ceased operations
for more than two years shall notify the Agency at least 30
days prior to resuming operation of the well.
~j Notice of intent to close. The owner or operator shall notify the
Agency at least 60 days before closure of a well.
~j Closure report. Within 60 days after closure or at the time of
the_next_quarterly report (whichever is less) the owner or
operator shall submit a closure report to the Aqenc~. £f tI
1 37—464
60
quarterly report is due less than 15 days after completion of
closure, then the report must be submitted within 60 days after
closure. The report must be certified as accurate by the owner or
operator and by the person who performed
the closure operation
(if
other than the owner or operator). Such report must consist of
either:
IL A statement that the well was closed in accordance with the
closure plan previously submitted and approved by the
Agency; or
2.1 Where actual closure differed from the plan previously
submitted, a written statement specifying the differences
between the previous plan and the actual closure.
~J Standards for well closure.
IL
Prior to closing the well, the owner or operator shall
observe and record the pressure decay for a time specified
by permit condition. The Agency shall analyze the pressure
decay and the transient pressure observations conducted
pursuant to Section 730.l68(e)(l)(A) and determine whether
the injection activity has conformed with predicted valuen.
2.1
Prior to well closure, appropriate mechanical integrity
testing must be conducted to ensure the integrity of that
portion of the long string casing and cement that will be
left in the ground after closure. Testing methods may
include:
~
Pressure tests with liquid or gas
~j Radioactive tracer surveys
~j Noise, temperature, pipe evaluation, or cement bond
logs; and
p1 Any other test required by permit condition.
~j. Prior to well closure, the well must be flushed with a
buffer fluid.
41 Upon closure, a Class I hazardous waste injection well must
be plugged with cement in a manner that will not allow the
movement of fluids into or between USDW5.
~j Placement of the cement plugs must be accomplished by one of
the following:
~L
The Balance Method
~L
The Dump Bailer Method
I p7—465
61
~j. The Two-Plug Method; or
p1 An alternative method, specified by permit condition~
that will reliably provide a comparable level of
protection.
~j. Each plug used must be appropriately tagged and tested for
seal and stability before closure is completed.
21
The well to be closed must be in a state of static
equilibrium with the mud weight equalized top to bottp~
either by circulating
the mud
in the well at least
once
or
by a comparable method prescribed by permit conditioq.~9I
to the placement of the cem~~ug(s).
BOARD NOTE: Derived from 40
CFP.
46 ilL as added at
Peg. 28153, Ju~y26, 1988,
(Source: Added at 14 Ill. Peg.
,
effective
Section 730.172 Post—Closure Care
~
The owner or operator of a
Class
I hazardous waste injection ~fl
shall prepare1 maintain and comply with a plan for post—closure
care that meets the reauirements of subsection (b) and is
specified by permit condition. The obligation to implement ti1~
post—closure plan survives the termination of a permit or the
cessation of injection activities. The requirement to maintain ~j3
approved plan is directly enforceable regardless of whether th~
requirement is a condition of the permit.
IL
The owner or operator shall submit the plan as a part of the
permit application and, upon approval by the Agency, such
plan must be a condition of any permit issued.
21
The owner or operator shall submit any proposed significant
revision to the plan as appropriate over the life oft~
well, but rio later than the date of the closure report
required under Section 730.171(c).
~J
The plan must assure financial responsibility as required in
Section 730.173.
41 The plan must include the following information:
~
The pressure in the injection zone before injection
began
~j The anticipated pressure in the injection zone at the
time of closure
62
Q). The predicted time until pressure in the injection
zone decays to the point that the well’s cone of
influence no longer intersects the base of the
lowermost USDW
p1 Predicted position of the waste front at closure
~j The status of ar.y cleanups required under Section
730.164; and
~
The estimated cost of proposed post—closure care.
~
At the request of the owner or operator, or on its own
initiative, the Agency may modify the post—closure plan
after submission of the closure report following the
procedures in 35 111. Adm. Code 705.128.
bj The owner or operator shall:
IL Continue and complete any cleanup action. required under
Section 730.164, if applicable
21
Continue to conduct any groundwater monitoring required
under the permit until pressure in the injection zone decays
to the point that the well’s cone of influence no longer
intersects the base of the lowermost USDW. The Agency shall
extend the period of post—closure monitoring if it
determines that the well may endanger a USDW
~
Submit a survey plat to the local zoning authority
designated by permit condition. The plat must indicate the
location of the well relative to permanently surveyed
benchmarks. A copy of the plat must be submitted to USEPA,
Region V
41 Notify the Illinois Department of Mines and Minerals, the
State Department of Public Health, and any unit of local
government authorized to grant permits under the Water Well
Construction Code (Ill. Rev. Stat. cli. 111½, par. 116.111 et
seq.) in the area where the well is located as to the depth
and location of the well and the confining zone; and
~j Retain, for a period of three years following well closure,
records reflecting the nature, composition and volume of all
injected fluids. Owners or operators shall deliver the
records to the Agency at the conclusion of the retention
period.
~çj Each owner of a Class I hazardous waste injection well, and the
owner of the surface or subsurface property on-or in which a Class
I hazardous
waste injection well is located, shall record a
notation on the deed to the facility
property or on some other
107—4 67
63
instrument which is normally examined during title search that
will in perpetuity provide any potential purchaser of the property
the following information:
IL The fact that land has been used to manage hazardous waste
21
The names of the Illinois Department of Mines and Minerals
and the local zoning authority with which the plat was
filed, as well as the address of Region V Environmental
Protection Agency; and
~j The type and volume of waste injected, the injection
interval or intervals into which it was injected and the
period over which injection occurred.
~j In addition to the reauirements stated in this Section, each owner
of a Class I hazardous waste injection well must comply with the
Responsible Property Transfer Act of 1988 (Ill. Rev. Stat. 1988
Supp. ch. 30, par. 901 et seq.).
BOARD NOTE: Derived from 40 CFR 146.72, as added at 53 Fed. Req.
28152, July 26, 1988.
(Scurce: Added at 14 Ill. Peg.
,
effective
Section 730.173 Financial Responsibility for Post—Closure Care
The owner or operator shall demonstrate and maintain financial resoonsibility
for post—closure care by using a trust fund, surety bond, letter of credit,
financial test, insurance or corporate guarantee that meets the specifications
for the mechanisms and instruments revised as appropriate to cover closure and
post-closure care in 35 Ill. Adm. Code 704.Subpart G. The amount of the funds
available must be no less than the amount identified in Section
730.l72(a)(4)(F). The obligation to maintain financial responsibility for
post—closure care survives the termination of a permit or the cessation of
injection. The requirement to maintain financial responsibility is
enforceable whether or not the requirement is a condition of the permit.
BOARD NOTE: Derived from 40 CFR 346.73, as added at 53 Fed. Peg. 28154, July
26, 1988.
(Source: Added at 14 Ill. Peg.
,
effective
i07—4f~8
64
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND
STORAGE TANK PROGRAMS
PART 738
HAZARDOUS WASTE INJECTION RESTRICTIONS
SUBPART A: GENERAL
Section
738. 0l
Purpose Scope and Applicability
738. 102
Definitions
738.103
Dilution Prohibited as a Substitute for Treatment
738.104
Case-by—Case Extensions of an Effective Date
738.105
Waste Analysis
SUBPART B: PROHIBITIONS ON INJECTION
Sect ion
738.110
Waste Specific Prohibitions
—
Solvent Wastes
738.111
Waste Specific Prohibitions
—
Dioxin—Containing Wastes
738.112
Waste Specific Prohibitions
—
California List Wastes
738.114
Waste Specific Prohibitions
—
First Third Wastes
SUBPART C: PETITION STANDARDS AND PROCEDURES
Section
738.120
Petitions to Allow Injection of a Prohibited Waste
738.121
Required
Information to Support Petitions
738.122
Submission, Review and Approval or Denial of Petitions
738.123
Review of Adjusted Standards
738.124
Termination of Adjusted Standards
AUTHORITY: Implementing Section 13 and 22.4 and authorized by Section 27 of
the Environmental Protection Act (Ill. Rev. Stat. 1987, ch. 111 1/2, pars.
1013, 1022.4 and 1027).
SOURCE: Adopted in P89—2 at 14 Ill. Peg.
,
effective
SUBPART A: GENERAL
Section 738.101 Purpose Scope and Applicability
a) This Part identifies hazardous wastes that are restricted from
disposal into Class I hazardous waste injection wells and defines
those circumstances under which a waste, otherwise prohibited fron
injection, may be injected.
107—4
69
65
b) The requirements of this Part apply to owners or operators of
Class I hazardous waste injection wells used to inject hazardous
waste.
C) Wastes otherwise prohibited from injection may continue to be
injected:
1) If an extension from the effective date of a prohibition has
been granted pursuant to Section 738.104; or
2) If an adjusted standard has been granted in response to a
petition filed under Section 738.120; or
3) If the waste is generated by a -conditionally exempt small
quantity generator, as defined in 35 Ill. Adm. Code 721.105.
BOARD NOTE: Derived from 40 CFR 148.1 (1988), as amended at
53 Fed. Peg. 28154, July 26, 1988.
Section 738.102 Definitions
“EPA Hazardous Waste Number” means the number assigned by EPA
pursuant to each hazardous waste listed in 35 Ill. Mm. Code
721.Subpart D and to each characteristic identified in 35 Ill.
Ad.m.
Code 72l.Subpart C.
“Injection interval” means that part of the injection zone in
which the well is screened, or in which the waste is otherwise
directly emplaced.
“Tranomissive fault or fracture” is a fault or fracture that has
sufficient permeability and vertical extent to allow fluids to
move between formations.
BOARD NOTE: Derived from 40 CFR 148.2 (1988), as added at 53 Fed.
Reg. 28155, July 26, 1988.
Section 738.103 Dilution Prohibited as a Substitute for
-
Treatment
The prohibition of 35 Ill. Adm. Code 728.103 shall apply to owners or
operators of Class I hazardous waste injection wells.
BOARD NOTE: Derived from 40 CFR 148.3 (1988), as added at 53 Fed. Reg. 28155,
July 26, 1988.
Section 738.104 Case—by—Case Extensions of an Effective Date
The
owner or operator
of a Class I hazardous waste injection well may submit
an application
to EPA for an extension of the effective
date of any applicable
prohibition established under Subpart B. (See 35 Ill. Adm. Code 728.105.)
I 07- /70
66
BOARD NOTE: Derived from 40 CFR 148.4 (1988), as added at 53 Fed. Peg. 28155,
July 26, 1988.
Section 738.105 Waste Analysis
Generators of hazardous wastes that are disposed of into Class I injection
wells must comply with the applicable requirements of 35 Ill. Adm. Code
728.107(a) and (b). Owners or operators of Class I hazardous waste injection
wells must comply with the applicable requirements of 35 Ill. Mm. Code
728.107(c).
HOARD NOTE: Derived from 40 CFR 148.5 (1988), as added at 53 Fed. Peg. 28155,
July 26, 1988.
SUBPART B: PROHIBITIONS ON INJECTION
Section 738.110 Waste Specific Prohibitions
—
Solvent Wastes
a) The spent solvent wastes specified in 35 Ill. Adm. Code 721.131 as
EPA Hazardous Waste numbers FOOl, F002, F003, F004 and F005 are
prohibited from underground injection unless the solvent waste is
a solvent—water mixture or solvent-containing sludge containing
less than
1 percent total of
the following FOOl through F005
solvent constituents:
Acetone
n-Butyl alcohol
Carbon disulfide
Carbon tetrachloride
Chlorobenzene
Cresols
and cresylic acid
Cyc lohex anone
1, 2—Dichlorobenzene
Ethyl acetate
Ethyl benzene
Ethyl ether
I sobut anol
Methanol
Methylene chloride
Methylene chloride
(from the pharmaceutical industry)
Methyl ethyl ketone
Methyl isobutyl ketone
Nitrobenzene
Pyridine
Tetrachloroethylene
Toluene
1,1, l-Trichloroethane
1,1, 2—Trichloro-l, 2, 2-trifluoroethane
Trichl oroethylene
Trichlof luoromethane
Xylene
107—47 1
67
b)
Effective August 8, 1990, all spent FOOl.
through FOOS
solvent
wastes containing less than 1 percent total FOOl through F005
solvent constituents listed in subsection (a) are prohibited from
injection.
C) The requirements of subsections (a) or (b) do not apply:
1) If the wastes meet or are treated to meet the standards of
35 Ill. Mm. Code 728.141; or
2) If an adjusted standard has been granted in response to a
petition under Subpart C; or
3) During the period of extension of the applicable effective
date, if an extension has been granted under Section
738.104; or
4) During the period the waste has been granted an adjusted
treatment standard under 35 Ill. Adm. Code 728.144.
BOARD NOTE: Derived from 40 CFR 148.10 (1988), as
added at 53 Fed. Peg. 28155, July 26, 1988.
Section 738.111 Waste Specific Prohibitions
—
Dioxin—
Containing Wastes
a) The dioxin—containing wastes specified in 35 Ill. Adm. Code
721.131 as EPA Hazardous Waste numbers F020, F021, F022, F023,
F026, F027 and F028 are prohibited from underground injection.
b) The requirements of subsection (a) do not apply:
1) If the wastes meet or are treated to meet the standards of
35
Ill. Adm. Code 728.141; or
2) If an adjusted standard has been granted in response to a
petition under Subpart C; or
3) During the period of extension of the applicable effective
date, if
an extension has been granted under Section
738.104; or
4) During the period the waste has been granted an adjusted
treatment standard under 35 Ill. Adm. Code 728.144.
BOARD NOTE: Derived from 40 CFR 148.11 (1988), as added at
53 Fed. Peg. 28155, July 26, 1988.
107—472
68
Section 738.112 Waste Specific Prohibitions
—
California List
Wastes
a) The hazardous wastes listed in 35 Ill. Adm. Code 728.132
containing polychlorinated biphenyls at concentrations greater
than or equal to 50 ppm or halogenated organic compounds at
concentrations greater than or equal to 10,000 mg/kg are
prohibited from underground injection.
b) Effective August 8, 1990, the following hazardous wastes are
prohibited from underground injection:
1) Liquid hazardous wastes, including free liquids associated
with any solid or sludge, containing free cyanides at
concentrations greater than or equal to 1000 mg/l;
2) Liquid hazardous wastes, including free liquids associated
with
any solid or sludge, containing the following metals
(or elements) or compounds of these metals (or elements) at
concentrations greater than or equal to those specified
below:
A) Arsenic or compounds (as As) 500 mg/l;
B) Cadmium or compounds (as Cd) 100 mg/l;
C) Chromium (VI) or compounds (as Cr VI) 500 mg/l;
D) Lead or compounds ~as Pb) 500 mg/I;
E) Mercury or compounds (as Hg) 20 mg/l;
F) Nickel or compounds (as Ni) 134 mg/l;
G) Selenium or compounds (as Se) 100 mg/l; and
H) Thallium or compounds (as Tl) 130 mg/l;
3) Liquid hazardous waste having a pH less than or equal to two
(2.0); and
4) Hazardous wastes containing halogenated organic compounds in
total concentration less than 10,000 mg/kg but greater than
or equal to 1000 mg/kg.
C)
The requirements
of subsections
(a) and (b) do not apply:
1)
If the wastes meet or are treated to meet the
applicable
standards specified
in 35 Ill. Adm. Code 728.Subpart
D; or
2) If an adjusted standard has been granted in response to a
petition
under Subpart C; or
107—473
69
3) During the period of extension of the applicable effective
date, if an extension is granted under Section 738.104.
BOARD NOTE: Derived from 40 CFR 148.12 (1988), as added at
53 Fed. Peg. 30918, August 16, 1988,- and amended at 53 Fed.
Peg. 41602, October 24, 1988.
Section 738.114 Waste Specific Prohibitions
—
First Third
Wastes
a) Effective August 8, 1990, the wastes specified in 35 Ill. Adm.
Code 721.132 as EPA Hazardous Waste numbers KO49, K050, KO5I,
KO52, KO62, K071 and K1O4 are prohibited from underground
injection.
b) The requirements of subsection (a) do not apply:
1) If the wastes meet or are treated to meet the applicable
standards specified in 35 Ill. Adm. Code 728.Subpart D; or
2) If an adjusted standard has been granted in response to a
petition under Subpart C; or
3) During the period of extension of the applicable effective
date, if an extension is granted under Section 738.104.
BOARD NOTE: Derived from 40 CFR 148.14 (1988), as added at
53 Fed. Reg. 30918, August 16, 1988.
SUBPART C: PETITION STANDARDS AND PROCEDURES
Section 738.120 Petitions to Allow Injection of a Prohibited
Waste
a) Any person seeking an exemption from a protubition under Subpart B
for the injection of a restricted hazardous waste into an
injection well or wells shall submit a petition for an adjusted
standard to the Board, pursuant to 35 Ill. Adm. Code l06.Subpart
G, demonstrating that, to a reasonable degree of certainty, there
will be no migration of hazardous constituents from the injection
zone for as long as the waste remains hazardous. This
-
demonstration requires a showing that:
1) The hydrogeological and geochemical conditions at the
site(s) and the physiochemical nature of the waste stream(s)
are such that reliable predictions can be made that:
A) Fluid movement conditions are sucn that the injected
fluids will not migrate within 10,000 years:
i) Vertically upward out of the injection zone; or
70
ii) Laterally within the injection zone to a point
of discharge or interface with an Underground
Source of Drinking Water (USDW) as defined in 35
Ill. Mm. Code 730; or
B) Before the injected fluids migrate out of the
injection zone or to a point of discharge or interface
with USDW, the fluic will no longer be hazardous
because of attenuation, transformation, or
immobilization of hazardous constituents within the
injection zone by hydrolysis, chemical interactions or
other means; and
2) For each well the petition has:
A) Demonstrated that the injection well’s area of review
complies with the substantive requirements of 35 Ill.
Adm. Code 730.163;
B) Located, identified, and ascertained the condition of
all wells within the injection well’s area of review
(as specified in 35 Ill. Adn. Code 730.163) that
penetrate the injection zone or the confining zone by
use of a protocol acceptable to the Board that meets
the substantive requirements of 35 Ill. Adm. Code
730.164;
C) Submitted a corrective action plan that meets the
substantive requirements of 35 Ill. Adm. Code 730.164,
the implementation of which shall become a condition
of any adjusted standard granted; and
D) Submitted the results of pressure and radioactive
tracer tests performed within one year prior to
submission of the petition demonstrating the
mechanical
integrity of the well’s long string casing,
injection tube, annular seal, and bottom hole cement.
In cases where the petition has not been approved or
denied within one year after the initial demonstration
of mechanical integrity, the Board may require the
owner or operator to perform the tests again and
submit the results of the new tests.
BOARD NOTE: The requirements of subsection (a)(2)
need not be incorporated in a permit at the time the
Board grants an adjusted standard.
b) A demonstration under subsection (a)(l)(A) must identify the
strata within the injection zone which will confine fluid movement
above the injection interval and include a showing that this
107— 47 5
71
strata is free of known transmissive faults of fractures and that
there is a confining zone above the injection zone.
c) A demonstration under subsection (a)(l)(B) must identify the
strata within the injection zone where waste transformation will
be accomplished and include a showing that this strata is free of
known transmissive faults or fractures and that there is a
confining zone above the injection zone.
d) A demonstration may include a showing that:
1) Treatment methods that reduce the toxicity or mobility of
the wastes, the implementation of which will become a
condition of any adjusted standard, must be utilized; or
2) A monitoring plan, the implementation of which will become a
condition of any adjusted standard, must be utilized to
enhance confidence in one or more aspects of the
demonstration.
e) Any person who has been granted an adjusted standard pursuant to
this Section may submit a petition for reissuance of the adjusted
standard to include an additional restricted waste or wastes or to
modify any conditions placed on that adjusted standard by the
Board. The Board will reissue the adjusted standard if the
petitioner complies with subsectiors (a), (b) and
(C).
f) Any person who has been granted an adjusted standard pursuant to
this Section may submit a petition to modify that adjusted
standard to include an additional (hazardous) waste or wastes.
The Board may grant the modification if it determines, to a
reasonable degree of certainty, that the additional waste or
wastes will behave hydraulically and chemically in a manner
similar to previously included wastes and that it will not
interfere with the containment capability of the injection zone.
BOARD NOTE: Derived from 40 CFR 148.20 (1988), as added at 53
Fed. Peg. 28155, July 26, 1988.
Section 738.121 Required Information to Support Petitions
a) Information submitted in support of a Section 738.120 petition
must meet the following criteria:
1) All data from waste analyses and any new testing performed
by the petitioner must be approved by the Board and must
provide data that are accurate, reproducible, and performed
in accordance with quality assurance standards;
2) Estimation and monitoring techniques and identification of
applicable existing EPA—certified test protocols:
72
A) All estimation and monitoring techniques must be
approved by the Board; and
B) The petition must identify all applicable USEPA-
certified test protocols in existence at the time the
estimation and monitoring was performed;
3) Predictive models must have been verified and validated,
must be appropriate for the specific site, wastestreams, and
injection conditions of the operation, and must be
calibrated for existing sites where sufficient data are
available;
4) A quality assurance and quality control plan addressing all
aspects of the demonstration
must be provided to and
approved by the Board;
5) Reasonably conservative values must be used whenever values
taken from the literature or estimated on the basis of known
information are used instead of site—specific measurements;
and
6) An analysis must be performed to identify and assess aspects
of the demonstration that contribute significantly to
uncertainty. The petitioner shall conduct a sensitivity
analysis to determine the effect that significant
uncertainty may contribute to the demonstration. The
demonstration must then be based on conservative assumptions
identified in the analysis.
b)
Any petitioner
under Section 738.l20(a)(l)(A)
shall provide
sufficient site—specific information
to support the demonstration,
such as:
1) Thickness, porosity, permeability and extent of the various
strata in the injection zone;
2) Thickness, porosity, permeability, extent and continuity of
the confining zone;
3) Hydraulic gradient in the injection zone;
4) Hydrostatic pressure in the injection zone; and
5)
Geochemical conditions of the site.
C) In addition to the information in subsection 738.121(b), any
petitioner under Section 738.l20(a)(1)(B) of this Part shall
provide sufficient waste—specific information to ensure reasonably
reliable predictions about the waste transformation. The
petitioner
shall provide the information
necessary to support the
demonstration, such as:
107—4 77
73
1) Description of the chemical processes or other means that
will lead to waste transformation; and
2) Results of laboratory experiments verifying the waste
transformation.
BOARD NOTE: Derived from 40 CFR 148.21 (1988), as added at 53
Fed. Peg.
28156,
July 26, 1988.
Section 738.122 Submission, Review and Approval or Denial of
Pet it ions
a) Any petition submitted to the Board, pursuant to Section
738.120(a) of this Part, must include:
1) An identification of the specific waste or wastes and the
specific injection well or wells for which the demonstration
will be made;
2) A waste analysis fully describing the chemical and physical
characteristics of the subject wastes;
3)
Such additional
information
as the Board requires to support
the petition under Section 738.120 and Section 738.121 of
this Part; and
4) This statement signed by the petitioner or an authorized
representative:
I certify under penalty of law that I have personally
examined and am familiar with the information submitted in
this petition and all attached documents, and that, based
on
my inquiry of those individuals
immediately responsible
for
obtaining the information, I believe that submitted
information is true, accurate and complete.
I am aware
that
there are significant penalties
for submitting false
information, including the possibility of fine and
imprisonment.
b)
The Board will provide public notice and an opportunity
for public
comment in accordance with the procedures in 35 Ill. Adm. Code
1O6.Subpart G.
c)
An adjusted standard will apply only to the underground injection
of the specific
restricted waste or wastes identified in the
petition into a Class I hazardous waste injection well or wells
specifically identified in the petition (unless the adjusted
standard is modified or reissued pursuant to Section 738.120(e) or
(f)).
•r-
f
74
d) Upon request by any petitioner who obtains an adjusted standard
for a well under this Subpart, the Agency shall initiate
and
reasonably expedite the necessary procedures to issue or reissue a
permit or permits for the hazardous waste well or wells covered by
the adjusted standard for a term not to exceed ten years.
e)
Each adjusted standard
granted under this Part is subject to the
following condition, whether or not this condition appears as part
of the adjusted standard, and the Board will include this
condition as part of each adjusted standard granted: “This
adjusted standard does not affect the enforceability of any
provisions of the
Environmental Protection Act, Board rules, or
other laws, except to the extent that its provisions
expressly
state otherwise.”
BOARD NOTE:
Derived from 40 CFR 148.22 (1988), as added at 53
Fed. Peg. 28156, July 26, 1988.
Section 738.123 Review of Adjusted Standards
a) 1) When considering whether to reissue a permit for the
operation of a Class I hazardous waste injection well, the
Agency shall review any adjusted standard(s) granted by the
Board pursuant to this Subpart.
2) If the Agency determines that new information shows that the
basis for granting the adjusted standard may no longer be
valid, the Agency shall request in writing that the
permittee submit a petition to the Board to modify the
adjusted standard.
3) All petitions requested by the Agency pursuant to subsection
(a)(2) must be filed pursuant to section 738.120(f). Such a
petition may seek reaffirmation
of the adjusted standard
without modification.
4) Permittee’s failure to file a petition, Agency petitions for
reconsideration and Board reconsideration of adjusted
standards:
A)
If the permittee fails to file a petition
requested by
the Agency under subsection (a)(2), the Agency may
petition the Board for reconsideration of any adjusted
standard granted under this Part at any time during
the effectiveness of that adjusted standard, the
limitation periods of 35 Ill. Adm. Code 101.300 and
101.301 notwithstanding.
B) i) The Board may conduct a plenary review of the
substance of any adjusted standard on
reconsideration to the same extent that it would
review a new petition for an adjusted standard.
107—4 79
75
ii) The Board may treat a motion for reconsideration
of an adjusted standard as a new petition under
Section 738.120 and require that the full
requirements of that section and of 35 Ill. Adrn.
Code 1O6.Subpart G apply to the proceeding, with
the Agency acting as the petitioner.
b) Whenever the Board determines that the basis for approval of a
petition may no longer be valid, the Board will require a new
demonstration in accordance with Section 738.120.
BOARD NOTE: Derived from 40 CFR 148.23 (1988), as added at 53
Fed. Peg. 28157, July 26, 1988.
Section 738.124 Termination of Approved Petition
a) 1) Enforcement actions against owners and operators having
adjusted standards and limitations on Agency petiticns for
reconsideration of adjusted standards:
A) Any person may file an enforcement action against an
owner or operator of an underground injection well
pursuant to Secticn 33 of the Environmental Protection
Act, Ill. Rev. Stat. ch. 111 1/2, par. 1033, for any
violation
of the Act or Board rules, notwithstanding
the existence of any adjusted standard.
B) The Agency may petition the Board for reconsideration
of any adjusted standard at any time during the
effectiveness o~ that adjusted standard, the
limitation
periods of 35 Ill. Adm. Code 101.300 and
101.301 notwithstanding.
2)
In any
action under subsection (a)(1), if the Board finds a
violation of the Act or Board regulations, the Board may
terminate any adjusted standard granted under Section
738.120 for any of
the following causes:
A) Noncompliance by the owner or operator with any
condition of the adjusted standard;
B) The owner or operator’s failure in the petition or
during the review and approval to disclose fully all
relevant facts, or the petitioner’s
misrepresentation
of any relevant facts at any time; or
C) A determination that new information shows that the
basis for approval of the petition
is no longer valid.
I0 —48
‘~
76
b) In any action under subsection (a)(1), the Board will terminate an
adjusted standard granted under Section 738.120 for the following
cases:
1) The petitioner’s willful withholding during the review and
approval of the petition of facts directly and materially
relevant to the Board’s decision on the petition;
2) A determination that there has been migration from the
injection zone or the well that is not in accordance with
the terms of the adjusted standard, except that the Board,
may at its discretion decide not to terminate where:
A) The migration resulted from a mechanical failure of
the well that can be corrected promptly through a
repair to the injection well itself or from an
undetected well or conduit that can be plugged
promptly; and
B) The requirements of 35 Ill. Adxn. Code 730.167 are
satisfied.
BOARD NOTE: Derived from 40 CFR 148.24 (1988), as added at 53
Fed. Reg. 28157, July 26, 1988.
107—481
