5)?
An owner or operator or any other person authorized to perform post-
closure care may request reimbursement for post-closure care expenditures by
submitting itemized bills to the Agency. Within 60 days after receiving bills
for post-closure activities, the Agency must instruct the insurer to make
reimbursement in such amounts as the Agency specifies in writing, if the Agency
determines that the post-closure care expenditures are in accordance with the
approved post-closure plan or otherwise justified. If the Agency does not
instruct the insurer to make such reimbursements, the Agency must provide the
owner or operator with a detailed written statement of reasons.
6)?
The owner or operator must maintain the policy in full force and effect
until the Agency consents to termination of the policy by the owner or operator,
as specified in subsection (d)(11) of this Section. Failure to pay the premium,
without substitution of alternate financial assurance, as specified in this
Section, will constitute a significant violation of these regulations,
warranting such remedy as the Board may impose pursuant to the Environmental
Protection Act. Such violation will be deemed to begin upon receipt by the
Agency of a notice of future cancellation, termination, or failure to renew due
to nonpayment of the premium, rather than upon the date of expiration.
7) Each policy must contain a provision allowing assignment of the policy to
a successor owner or operator. Such assignment may be conditional upon consent
of the insurer, provided such consent is not unreasonably refused.
8)
?
The policy must provide that the insurer may not cancel, terminate, or
fail to renew the policy except for failure to pay the premium. The automatic
renewal of the policy must, at a minimum, provide the insured with the option of
renewal at the face amount of the expiring policy. If there is a failure to pay
the premium, the insurer may elect to cancel, terminate, or fail to renew the
policy by sending notice by certified mail to the owner or operator and the
Agency. Cancellation, termination, or failure to renew may not occur, however,
during the 120 days beginning with the date of receipt of the notice by both the
Agency and the owner or operator, as evidenced by the return receipts.
Cancellation, termination, or failure to renew may not occur, and the policy
will remain in full force and effect in the event that, on or before the date of
expiration, one of the following occurs:
A)
The Agency deems the facility abandoned;
B)
Interim status is terminated or revoked;
C)
Closure is ordered by the Board or a court of competent jurisdiction;
D) The owner or operator is named as debtor in a voluntary or involuntary
proceeding under 11 USC (Bankruptcy); or
E)
The premium due is paid.
9)?
Whenever the current post-closure cost estimate increases to an amount
greater than the face amount of the policy during the operating life of the
facility, the owner or operator, within 60 days after the increase, must either
cause the face amount to be increased to an amount at least equal to the current
post-closure cost estimate and submit evidence of such increase to the Agency,
or obtain other financial assurance, as specified in this Section, to cover the
increase. Whenever the current post-closure cost estimate decreases during the
operating life of the facility, the face amount may be reduced to the amount of
the current post-closure cost estimate following written approval by the Agency.
10)
Commencing on the date that liability to make payments pursuant to the
policy accrues, the insurer must thereafter annually increase the face amount of
the policy. Such increase must be equivalent to the face amount of the policy,
less any payments made, multiplied by an amount equivalent to 85 percent of the
most recent investment rate or of the equivalent coupon-issue yield announced by
the U.S. Treasury for 26-week Treasury securities.
11)
The Agency must give written consent to the owner or operator that the
owner or operator may terminate the insurance policy when either of the
following occurs:
A) An owner or operator substitutes alternate financial assurance, as
specified in this Section; or
B) The Agency releases the owner or operator from the requirements of this
Section in accordance with subsection (h) of this Section.
e)?
Financial test and corporate guarantee for post-closure care.
1)
?
An owner or operator may satisfy the requirements of this Section by
demonstrating that the owner or operator passes a financial test, as specified
in this subsection (e). To pass this test the owner or operator must meet the
criteria of either subsection (e)(1)(A) or (e)(1)(B) of this Section:
A)?
The owner or operator must have each of the following:
i)
Two of the following three ratios: a ratio of total liabilities to net
worth less than 2.0; a ratio of the sum of net income plus depreciation,
depletion and amortization to total liabilities greater than 0.1; and a ratio of
current assets to current liabilities greater than 1.5;
ii)
Net working capital and tangible net worth each at least six times the sum
of the current closure and post-closure cost estimates and the current plugging
and abandonment cost estimates;
iii) Tangible new worth of at least $10 million; and
iv) Assets in the United States amounting to at least 90 percent of total
assets or at least six times the sum of the current closure and post-closure
cost estimates and the plugging and abandonment cost estimates.
B)?
The owner or operator must have each of the following:
i)
A current rating for its most recent bond issuance of AAA, AA, A, or BBB,
as issued by Standard and Poor's, or Aaa, Aa, A, or Baa, as issued by Moody's;
ii)
Tangible net worth at least six times the sum of the current closure and
post-closure cost estimates and the current plugging and abandonment cost
estimates;
iii)
Tangible net worth of at least $10 million; and
iv) Assets located in the United States amounting to at least 90 percent of
its total assets or at least six times the sum of the current closure and post-
closure cost estimates and the current plugging and abandonment cost estimates.
2)?
The phrase "current closure and post-closure cost estimates," as used in
subsection (e)(1) of this Section, refers to the cost estimates required to be
shown in subsections 1 through 4 of the letter from the owner's or operator's
chief financial officer (see 35 Ill. Adm. Code 724.251). The phrases "current
plugging and abandonment cost estimates," as used in subsection (e)(1) of this
Section, refers to the cost estimates required to be shown in subsections 1
through 4 of the letter from the owner's or operator's chief financial officer
(see 35 Ill. Adm. Code 704.240).
3)?
To demonstrate that it meets this test, the owner or operator must submit
each of the following items to the Agency:
A)
A letter signed by the owner's or operator's chief financial officer and
worded as specified in 35 Ill. Adm. Code 724.251;
B)
A copy of the independent certified public accountant's report on
examination of the owner's or operator's financial statements for the latest
completed fiscal year; and
C)
A special report from the owner's or operator's independent certified
public accountant to the owner or operator stating both of the following:
i)
That the accountant has compared the data that the letter from the chief
financial officer specifies as having been derived from the independently
audited, year-end financial statements for the latest fiscal year with the
amounts in such financial statements; and
ii)
In connection with that procedure, that no matters came to the
accountant's attention that caused the accountant to believe that the specified
data should be adjusted.
4)?
This subsection (e)(4) corresponds with 40 CFR 265.143(e)(4), a federal
provision relating to an extension of the time to file the proofs of financial
assurance required by this subsection (e) granted by USEPA. This statement
maintains structural consistency with the corresponding federal regulations.
5)
?
After the initial submission of items specified in subsection (e)(3) of
this Section, the owner or operator must send updated information to the Agency
within 90 days after the close of each succeeding fiscal year. This information
must consist of all three items specified in subsection (e) (3) of this Section.
6)?
If the owner or operator no longer meets the requirements of subsection
(e)(1) of this Section, the owner or operator must send notice to the Agency of
intent to establish alternate financial assurance, as specified in this Section.
The notice must be sent by certified mail within 90 days after the end of the
fiscal year for which the year-end financial data show that the owner or
operator no longer meets the requirements. The owner or operator must provide
the alternate financial assurance within 120 days after the end of such fiscal
year
7)?
The Agency may, based on a reasonable belief that the owner or operator
may no longer meet the requirements of subsection (e) (1) of this Section,
require reports of financial condition at any time from the owner or operator in
addition to those specified in subsection (e)(3) of this Section. If the Agency
finds, on the basis of such reports or other information, that the owner or
operator no longer meets the requirements of subsection (e)(1) of this Section,
the owner or operator must provide alternate financial assurance, as specified
in this Section, within 30 days after notification of such a finding.
8)
?
The Agency may disallow use of this test on the basis of qualifications in
the opinion expressed by the independent certified public accountant in the
accountant's report on examination of the owner's or operator's financial
statements (see subsection (e)(3)(B) of this Section). An adverse opinion or a
disclaimer of opinion will be cause for disallowance. The Agency must evaluate
other qualifications on an individual basis. The owner or operator must provide
alternate financial assurance, as specified in this Section, within 30 days
after notification of the disallowance.
9)?
During the period of post-closure care, the Agency must approve a decrease
in the current post-closure cost estimate for which this test demonstrates
financial assurance if the owner or operator demonstrates to the Agency that the
amount of the cost estimate exceeds the remaining cost of post-closure care.
10)
?
The owner or operator is no longer required to submit the items specified
in subsection (e) (3) of this Section when either of the following occurs:
A)
An owner or operator substitutes alternate financial assurance, as
specified in this Section; or
B) The Agency releases the owner or operator from the requirements of this
Section in accordance with subsection (h) of this Section.
11) An owner or operator may meet the requirements of this Section by
obtaining a written guarantee, hereafter referred to as "corporate guarantee."
The guarantor must be the direct or higher-tier parent corporation of the owner
or operator, a firm whose parent corporation is also the parent corporation of
the owner or operator, or a firm with a "substantial business relationship" with
the owner or operator. The guarantor must meet the requirements for owners or
operators in subsections (e)(1) through (e) (9) of this Section, and must comply
with the terms of the corporate guarantee. The wording of the corporate
guarantee must be identical to the wording specified in 35 Ill. Adm. Code
724.251. The corporate guarantee must accompany the items sent to the Agency as
specified in subsection (e) (3) of this Section. One of these items must be the
letter from the guarantor's chief financial officer. If the guarantor's parent
corporation is also the parent corporation of the owner or operator, the letter
must describe the value received in consideration of the guarantee. If the
guarantor is a firm with a "substantial business relationship" with the owner or
operator, this letter must describe this substantial business relationship" and
the value received in consideration of the guarantee. The terms of the
corporate ,guarantee must provide as follows:
A)
That, if the owner or operator fails to perform post-closure care of a
facility covered by the corporate guarantee in accordance with the post-closure
plan and other interim status requirements whenever required to do so, the
guarantor will do so or establish a trust fund as specified in subsection (a) of
this Section, in the name of the owner or operator.
B)
That the corporate guarantee will remain in force unless the guarantor
sends notice of cancellation by certified mail to the owner or operator and to
the Agency. Cancellation may not occur, however, during the 120 days beginning
on the date of receipt of the notice of cancellation by both the owner or
operator and the Agency, as evidenced by the return receipts.
C)?
That, if the owner or operator fails to provide alternate financial
assurance, as specified in this Section, and obtain the written approval of such
alternate assurance from the Agency within 90 days after receipt by both the
owner or operator and the Agency of a notice of cancellation of the corporate
guarantee from the guarantor, the guarantor will provide such alternate
financial assurance in the name of the owner or operator.
f) Use of multiple financial mechanisms. An owner or operator may satisfy
the requirements of this Section by establishing more than one financial
mechanism per facility. These mechanisms are limited to trust funds, surety
bonds, letters of credit, and insurance. The mechanisms must be as specified in
subsections (a) through (d) of this Section, respectively, except that it is the
combination of mechanisms, rather than the single mechanism, that must provide
financial assurance for an amount at least equal to the current post-closure
cost estimate. If an owner or operator uses a trust fund in combination with a
surety bond or a letter of credit, it may use the trust fund as the standby
trust fund for the other mechanisms. A single standby trust fund may be
established for two or more mechanisms. The Agency may use any or all of the
mechanisms to provide for post-closure care of the facility.
g)
Use of a financial mechanism for multiple facilities. An owner or
operator may use a financial assurance mechanism specified in this Section to
meet the requirements of this Section for more than one facility. Evidence of
financial assurance submitted to the Agency must include a list showing, for
each facility, the USEPA Identification Number, name, address, and the amount of
funds for post-closure care assured by the mechanism. The amount of funds
available through the mechanism must be no less than the sum of funds that would
be available if a separate mechanism had been established and maintained for
each facility. The amount of funds available to the Agency must be sufficient
to provide post-closure care for all of the owner or operator's facilities. In
directing funds available through the mechanism for post-closure care of any of
the facilities covered by the mechanism, the Agency may direct only the amount
of funds designated for that facility, unless the owner or operator agrees to
the use of additional funds available under the mechanism.
h) Release of the owner or operator from the requirements of this Section.
Within 60 days after receiving certifications from the owner or operator and an
a qualified Professional Engineer
that the post-closure care period has been completed in accordance with the
approved post-closure plan, the Agency must notify the owner or operator in
writing that the owner or operator is no longer required by this Section to
maintain financial assurance for post-closure care of that unit, unless the
Agency determines that post-closure care has not been in accordance with the
approved post-closure plan. The Agency must provide the owner or operator a
detailed written statement of any such determination that post-closure care has
not been in accordance with the approved post-closure plan.
i)
Appeal. The following Agency actions are deemed to be permit
modifications or refusals to modify for purposes of appeal to the Board (35 Ill.
Adm. Code 702.184(e)(3)):
1)
An increase in, or a refusal to decrease the amount of, a bond, letter of
credit, or insurance; or
2)
Requiring alternate assurance upon a finding that an owner or operator or
parent corporation no longer meets a financial test.
(Source: Amended at 32 Ill. Reg.
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, effective ?
Section 725.247
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Liability Requirements
a)
?
Coverage for sudden accidental occurrences. An owner or operator of a
hazardous waste treatment, storage, or disposal facility, or a group of such
facilities, must demonstrate financial responsibility for bodily injury and
property damage to third parties caused by sudden accidental occurrences arising
from operations of the facility or group of facilities. The owner or operator
must have and maintain liability coverage for sudden accidental occurrences in
the amount of at least $1 million per occurrence with an annual aggregate of at
least $2 million, exclusive of legal defense costs. This liability coverage may
be demonstrated, as specified in subsections (a)(1) through (a)(6) of this
Section:
1)?
An owner or operator may demonstrate the required liability coverage by
having liability insurance, as specified in this subsection (a)(1).
A) Each insurance policy must be amended by attachment of the Hazardous Waste
Facility Liability Endorsement or evidenced by a Certificate of Liability
Insurance. The wording of the endorsement and of the certificate of insurance
must be as specified in 35 Ill. Adm. Code 724.251. The wording of the
The
owner or operator must submit a signed duplicate original of the endorsement or
the certificate of insurance to the Agency. If requested by the Agency, the
owner or operator must provide a signed duplicate original of the insurance
policy.
B) Each insurance policy must be issued by an insurer that is licensed by the
Illinois Department of Financial and Professional Regulation, Division of
Insurance.
2)
An owner or operator may meet the requirements of this Section by passing
a financial test or using the guarantee for liability coverage, as specified in
subsections (f) and (g) of this Section.
3)
An owner or operator may meet the requirements of this Section by
obtaining a letter of credit for liability coverage, as specified in subsection
(h) of this Section.
4)
An owner or operator may meet the requirements of this Section by
obtaining a surety bond for liability coverage, as specified in subsection (i)
of this Section.
5)
An owner or operator may meet the requirements of this Section by
obtaining a trust fund for liability coverage, as specified in subsection (j) of
this Section.
6) An owner or operator may demonstrate the required liability coverage
through the use of combinations of insurance, financial test, guarantee, letter
of credit, surety bond, and trust fund, except that the owner or operator may
not combine a financial test covering part of the liability coverage requirement
with a guarantee unless the financial statement of the owner or operator is not
consolidated with the financial statement of the guarantor. The amounts of
coverage demonstrated must total at least the minimum amounts required by this
Section. If the owner or operator demonstrates the required coverage through
the use of a combination of financial assurances pursuant to this subsection
(ba)(6), the owner or operator must specify at least one such assurance as
"primary" coverage, and must specify other such assurance as "excess" coverage.
7)?
An owner or operator must notify the Agency within 30 days whenever one of
the following occurs:
A)
A claim results in a reduction in the amount of financial assurance for
liability coverage provided by a financial instrument authorized in subsections
(a)(1) through (a)(6) of this Section;
B)
A Certification of Valid Claim for bodily injury or property damages
caused by sudden or non-sudden accidental occurrence arising from the operation
of a hazardous waste treatment, storage, or disposal facility is entered between
the owner or operator and third-party claimant for liability coverage pursuant
to subsections (a)(1) through (a)(6) of this Section; or
C)
A final court order establishing a judgment for bodily injury or property
damage caused by a sudden or non-sudden accidental occurrence arising from the
operation of a hazardous waste treatment, storage, or disposal facility is
issued against the owner or operator or an instrument that is providing
financial assurance for liability coverage pursuant to subsections (a)(1)
through (a)(6) of this Section.
b)?
Coverage for nonsudden accidental occurrences. An owner or operator of a
surface impoundment, landfill, or land treatment facility that is used to manage
hazardous waste, or a group of such facilities, must demonstrate financial
responsibility for bodily injury and property damage to third parties caused by
nonsudden accidental occurrences arising from operations of the facility or
group of facilities. The owner or operator must have and maintain liability
coverage for nonsudden accidental occurrences in the amount of at least $3
million per occurrence with an annual aggregate of at least $6 million,
exclusive of legal defense costs. An owner or operator meeting the requirements
of this Section may combine the required per-occurrence coverage levels for
sudden and nonsudden accidental occurrences into a single per-occurrence level,
and combine the required annual aggregate coverage levels for sudden and
nonsudden accidental occurrences into a single annual aggregate level. An owner
or operator that combines coverage levels for sudden and nonsudden accidental
occurrences must maintain liability coverage in the amount of at least $4
million per occurrence and $8 million annual aggregate. This liability coverage
may be demonstrated, as specified in subsections (b) (1) through (b)(6) of this
Section:
1)?
An owner or operator may demonstrate the required liability coverage by
having liability insurance, as specified in this subsection (b)(1).
A) Each insurance policy must be amended by attachment of the Hazardous Waste
Facility Liability Endorsement or evidenced by a Certificate of Liability
Insurance. The wording of the endorsement must be as specified in 35 Ill. Adm.
Code 724.251. The wording of the certificate of insurance must be as specified
in 35 Ill. Adm. Code 724.251. The owner or operator must submit a signed
duplicate original of the endorsement or the certificate of insurance to the
Agency. If requested by the Agency, the owner or operator must provide a signed
duplicate original of the insurance policy.
B)
Each insurance policy must be issued by an insurer that is licensed by the
Illinois Department of Financial and Professional Regulation, Division of
Insurance.
2) An owner or operator may meet the requirements of this Section by passing
a financial test or using the guarantee for liability coverage, as specified in
subsections (f) and (g) of this Section.
3) An owner or operator may meet the requirements of this Section by
obtaining a letter of credit for liability coverage, as specified in subsection
(h) of this Section.
4) An owner or operator may meet the requirements of this Section by
obtaining a surety bond for liability coverage, as specified in subsection (i)
of this Section.
5) An owner or operator may meet the requirements of this Section by
obtaining a trust fund for liability coverage, as specified in subsection (j) of
this Section.
6)
An owner or operator may demonstrate the required liability coverage
through the use of combinations of insurance, financial test, guarantee, letter
of credit, surety bond, and trust fund, except that the owner or operator may
not combine a financial test covering part of the liability coverage requirement
with a guarantee unless the financial statement of the owner or operator is not
consolidated with the financial statement of the guarantor. The amounts of
coverage demonstrated must total at least the minimum amounts required by this
Section. If the owner or operator demonstrates the required coverage through
the use of a combination of financial assurances pursuant to this subsection_
(b) (6), the owner or operator must specify at least one such assurance as
"primary" coverage, and must specify other such assurance as "excess" coverage.
7)
An owner or operator must notify the Agency within 30 days whenever one of
the following occurs:
A)
A claim results in a reduction in the amount of financial assurance for
liability coverage provided by a financial instrument authorized in subsections
(b) (1) through (b) (6) of this Section;
B) A Certification of Valid Claim for bodily injury or property damages
caused by sudden or non-sudden accidental occurrence arising from the operation
of a hazardous waste treatment, storage, or disposal facility is entered between
the owner or operator and third-party claimant for liability coverage pursuant
to subsections (b)(1) through (b)(6) of this Section; or
C)
A final court order establishing a judgment for bodily injury or property
damage caused by a sudden or non-sudden accidental occurrence arising from the
operation of a hazardous waste treatment, storage, or disposal facility is
issued against the owner or operator or an instrument that is providing
financial assurance for liability coverage pursuant to subsections (b) (1)
through (b)(6) of this Section.
c)?
Request for adjusted level of required liability coverage. If an owner or
operator demonstrates to the Agency that the levels of financial responsibility
required by subsections (a) or (b) of this Section are not consistent with the
degree and duration of risk associated with treatment, storage, or disposal at
the facility or group of facilities, the owner or operator may obtain an
adjusted level of required liability coverage from the Agency. The request for
an adjusted level of required liability coverage must be submitted in writing to
the Agency. If granted, the Agency's action must take the form of an adjusted
level of required liability coverage, such level to be based on the Agency
assessment of the degree and duration of risk associated with the ownership or
operation of the facility or group of facilities. The Agency may require an
owner or operator that requests an adjusted level of required liability coverage
to provide such technical and engineering information as is necessary to
determine a level of financial responsibility other than that required by
subsection (a) or (b) of this Section. The Agency must process any request for
an adjusted level of required liability coverage as if it were a permit
modification request pursuant to 35 Ill. Adm. Code 703.271(e)(3) and 705.128.
Notwithstanding any other provision, the Agency must hold a public hearing
whenever it finds, on the basis of requests, a significant degree of public
interest in a tentative decision to grant an adjusted level of required
liability insurance. The Agency may also hold a public hearing at its
discretion whenever such a hearing might clarify one or more issues involved in
the tentative decision.
d)
Adjustments by the Agency. If the Agency determines that the levels of
financial responsibility required by subsection (a) or (b) of this Section are
not consistent with the degree and duration of risk associated with treatment,
storage, or disposal at the facility or group of facilities, the Agency must
adjust the level of financial responsibility required pursuant to subsection (a)
or (b) of this Section as may be necessary to adequately protect human health
and the environment. This adjusted level must be based on the Agency's
assessment of the degree and duration of risk associated with the ownership or
operation of the facility or group of facilities. In addition, if the Agency
determines that there is a significant risk to human health and the environment
from non-sudden accidental occurrences resulting from the operations of a
facility that is not a surface impoundment, landfill or land treatment facility,
the Agency may require that an owner or operator of the facility comply with
subsection (b) of this Section. An owner or operator must furnish to the
Agency, within a time specified by the Agency in the request, which must not be
less than 30 days, any information that the Agency requests to determine whether
cause exists for such adjustments of level or type of coverage. The Agency must
process any request for an adjusted level of required liability coverage as if
it were a permit modification request pursuant to 35 Ill. Adm. Code
703.271(e)(3) and 705.128. Notwithstanding any other provision, the Agency must
hold a public hearing whenever it finds, on the basis of requests, a significant
degree of public interest in a tentative decision to grant an adjusted level of
required liability insurance. The Agency may also hold a public hearing at its
discretion whenever such a hearing might clarify one or more issues involved in
the tentative decision.
e)
Period of coverage. Within 60 days after receiving certifications from
the owner or operator and an independent registered professional engineer a
qualified Professional Engineer that final closure has been completed in
accordance with the approved closure plan, the Agency must notify the owner or
operator in writing that the owner or operator is no longer required by this
Section to maintain liability coverage for that facility, unless the Agency
determines that closure has not been in accordance with the approved closure
plan.
f)
Financial test for liability coverage.
1)?
An owner or operator may satisfy the requirements of this Section by
demonstrating that the owner or operator passes a financial test, as specified
in this subsection (f)(1). To pass this test the owner or operator must meet
the criteria of subsection (f)(1)(A) or (f)(1)(B) of this Section:
A)
?
The owner or operator must have each of the following:
i) Net working capital and tangible net worth each at least six times the
amount of liability coverage to be demonstrated by this test;
ii)
Tangible net worth of at least $10 million; and
iii) Assets in the United States amounting to either: at least 90 percent of
total assets; or at least six times the amount of liability coverage to be
demonstrated by this test.
B)
?
The owner or operator must have each of the following:
i)
A current rating for the owner or operator's most recent bond issuance of
AAA, AA, A, or BBB, as issued by Standard and Poor's, or Aaa, Aa, A, or Baa, as
issued by Moody's;
ii)
Tangible net worth of at least $10 million;
iii) Tangible net worth at least six times the amount of liability coverage to
be demonstrated by this test; and
iv) Assets in the United States amounting to either of the following: at
least 90 percent of total assets or at least six times the amount of liability
coverage to be demonstrated by this test.
2) The phrase "amount of liability coverage," as used in subsection (f)(1) of
this Section, refers to the annual aggregate amounts for which coverage is
required pursuant to subsections (a) and (b) of this Section.
3)
To demonstrate that the owner or operator meets this test, the owner or
operator must submit each of the following three items to the Agency:
A) A letter signed by the owner's or operator's chief financial officer and
worded as specified in 35 Ill. Adm. Code 724.251. If an owner or operator is
using the financial test to demonstrate both assurance for closure or post-
closure care, as specified by 35 Ill. Adm. Code 724.243(f) and 724.245(f), or by
Sections 725.243(e) and 725.245(e), and liability coverage, it must submit the
letter specified in 35 Ill. Adm. Code 724.251 to cover both forms of financial
responsibility; a separate letter, as specified in 35 Ill. Adm. Code 724.251 is
not required.
B) A copy of the independent certified public accountant's report on
examination of the owner's or operator's financial statements for the latest
completed fiscal year.
C)
A special report from the owner's or operator's independent certified
public accountant to the owner or operator stating as follows:
i)?
That the accountant has compared the data that the letter from the chief
financial officer specifies as having been derived from the independently
audited, year-end financial statements for the latest fiscal year with the
amounts in such financial statements; and
ii)?
In connection with that procedure, that no matters came to the
accountant's attention that caused the accountant to believe that the specified
data should be adjusted.
5)
After the initial submission of items specified in subsection (f)(3) of
this Section, the owner or operator must send updated information to the Agency
within 90 days after the close of each succeeding fiscal year. This information
must consist of all three items specified in subsection (f)(3) of this Section.
6)
If the owner or operator no longer meets the requirements of subsection
(f)(1) of this Section, the owner or operator must obtain insurance, a letter of
credit, a surety bond, a trust fund, or a guarantee for the entire amount of
required liability coverage, as specified in this Section. Evidence of
insurance must be submitted to the Agency within 90 days after the end of the
fiscal year for which the year-end financial data show that the owner or
operator no longer meets the test requirements.
7)
The Agency may disallow use of this test on the basis of qualifications in
the opinion expressed by the independent certified public accountant in the
accountant's report on examination of the owner's or operator's financial
statements (see subsection (f)(3)(B) of this Section). An adverse opinion or a
disclaimer of opinion is cause for disallowance. The Agency must evaluate other
qualifications on an individual basis. The owner or operator must provide
evidence of insurance for the entire amount of required liability coverage, as
specified in this Section, within 30 days after notification of disallowance.
g
)
?
Guarantee for liability coverage.
1)?
Subject to subsection (g)(2) of this Section, an owner or operator may
meet the requirements of this Section by obtaining a written guarantee, referred
to as a " guarantee." The guarantor must be the direct or higher-tier parent
corporation of the owner or operator, a firm whose parent corporation is also
the parent corporation of the owner or operator, or a firm with a "substantial
business relationship" with the owner or operator. The guarantor must meet the
requirements for owners and operators in subsections (f)(1) through (f)(6) of
this Section. The wording of the guarantee must be as specified in 35 Ill. Adm.
Code 724.251. A certified copy of the guarantee must accompany the items sent
to the Agency as specified in subsection (f)(3) of this Section. One of these
items must be the letter from the guarantor's chief financial officer. If the
guarantor's parent corporation is also the parent corporation of the owner or
operator, this letter must describe the value received in consideration of the
guarantee. If the guarantor is a firm with a "substantial business
relationship" with the owner or operator, this letter must describe this
"substantial business relationship" and the value received in consideration of
the guarantee. The terms of the guarantee must provide as follows:
A)
If the owner or operator fails to satisfy a judgment based on a
determination of liability for bodily injury or property damage to third parties
caused by sudden or nonsudden accidental occurrences (or both as the case may
be), arising from the operation of facilities covered by this guarantee, or
fails to pay an amount agreed to in settlement of claims arising from or alleged
to arise from such injury or damage, the guarantor will do so up to the limits
of coverage.
B) The guarantee remains in force unless the guarantor sends notice of
cancellation by certified mail to the owner or operator and to the Agency. The
guarantee must not be terminated unless and until the Agency approves alternate
liability coverage complying with Section 725.247 or 35 Ill. Adm. Code 724.247.
2)?
The guarantor must execute the guarantee in Illinois. The guarantee must
be accompanied by a letter signed by the guarantor that states as follows:
A)
The guarantee was signed in Illinois by an authorized agent of the
guarantor;
B) The guarantee is governed by Illinois law; and
C) The name and address of the guarantor's registered agent for service of
process.
3)
?
The guarantor must have a registered agent pursuant to Section 5.05 of the
Business Corporation Act of 1983 [805 ILCS 5/5.05] or Section 105.05 of the
General Not-for-Profit Corporation Act of 1986 [805 ILCS 105/105.05].
h)?
Letter of credit for liability coverage.
1) An owner or operator may satisfy the requirements of this Section by
obtaining an irrevocable standby letter of credit that conforms to the
requirements of this subsection, and submitting a copy of the letter of credit
to the Agency.
2)
The financial institution issuing the letter of credit must be an entity
that has the authority to issue letters of credit and whose letter of credit
operations are regulated and examined by the Illinois Commissioner of Banks and
Trust Companies.
3) The wording of the letter of credit must be as specified in 35 Ill. Adm.
Code 724.251.
4)
An owner or operator that uses a letter of credit to satisfy the
requirements of this Section may also establish a trust fund. Under the terms
of such a letter of credit, all amounts paid pursuant to a draft by the trustee
of the standby trust will be deposited by the issuing institution into the
standby trust in accordance with instructions from the trustee. The trustee of
the standby trust fund must be an entity that has the authority to act as a
trustee and whose trust operations are regulated and examined by the Illinois
Commissioner of Banks and Trust Companies, or that complies with the Corporate
Fiduciary Act [205 ILCS 620].
5)
The wording of the standby trust fund must be identical to the wording
specified in 35 Ill. Adm. Code 724.251(n).
i)?
Surety bond for liability coverage.
1)
An owner or operator may satisfy the requirements of this Section by
obtaining a surety bond that conforms to the requirements of this subsection (i)
and submitting a copy of the bond to the Agency.
2)
The surety company issuing the bond must be licensed by the Illinois
Department of Financial and Professional Regulation, Division of Insurance.
3)
The wording of the surety bond must be as specified in 35 Ill. Adm. Code
724.251.
j)
?
Trust fund for liability coverage.
1)
An owner or operator may satisfy the requirements of this Section by
establishing a trust fund that conforms to the requirements of this subsection
and submitting a signed, duplicate original of the trust agreement to the
Agency.
2)
The trustee must be an entity that has the authority to act as a trustee
and whose trust operations are regulated and examined by the Illinois
Commissioner of Banks and Trust Companies, or that complies with the Corporate
Fiduciary Act [205 ILCS 620].
3)
The trust fund for liability coverage must be funded for the full amount
of the liability coverage to be provided by the trust fund before it may be
relied upon to satisfy the requirements of this Section. If at any time after
the trust fund is created the amount of funds in the trust fund is reduced below
the full amount of liability coverage to be provided, the owner or operator, by
the anniversary of the date of establishment of the fund, must either add
sufficient funds to the trust fund to cause its value to equal the full amount
of liability coverage to be provided, or obtain other financial assurance, as
specified in this Section, to cover the difference. For purposes of this
subsection, "the full amount of the liability coverage to be provided" means the
amount of coverage for sudden and nonsudden accidental occurrences required to
be provided by the owner or operator by this Section, less the amount of
financial assurance for liability coverage that is being provided by other
financial assurance mechanisms being used to demonstrate financial assurance by
the owner or operator.
4)
The wording of the trust fund must be as specified in 35 Ill. Adm. Code
724.251.
(Source: Amended at 32 Ill. Reg.
?--, effective ?
SUBPART I: USE AND MANAGEMENT OF CONTAINERS
Section 725.274
?
InspectionsThe
At least weekly,- the owner or operator must inspect areas where containers are
stored at 1 uct wcc]cly, looking except for the owner or operator of a
Performance Track member facility, which must conduct inspections at least once
each month after approval by the Agency. To apply for reduced inspection
frequency, the owner or operator of the Performance Track member facility must
follow the procedures described in Section 725.115(b)(5). The owner or operator
must look for leaking containers and for deterioration of containers 1 -'ks and
for deterioration caused by corrosion or other factors.
BOARD NOTE: See Section 725.271 for remedial action required if deterioration
or leaks are detected.
(Source: Amended at 32 Ill. Reg.
?--, effective
?
SUBPART J: TANK SYSTEMS
Section 725.291
?
Assessment of Existing Tank System Integrity
a)?
For each existing tank system that does not have secondary containment
meeting the requirements of Section 725.293, the owner or operator must
determine either that the tank system is not leaking or that it is unfit for
use. Except as provided in subsection (c), the owner or operator must, after
January 12, 1988, obtain and keep on file at the facility a written assessment
reviewed and certified by
? ?
, a qualified, registered professional
engineer Professional Engineer, in accordance with 35 Ill. Adm. Code 702.126(d),
that attests to the tank system's integrity.
b)
?
This assessment must determine whether the tank system is adequately
designed and has sufficient structural strength and compatibility with the
wastes to be stored or treated to ensure that it will not collapse, rupture, or
fail. At a minimum, this assessment must consider the following:
1)
Design standards, if available, according to which the tank and ancillary
equipment were constructed;
2)
Hazardous characteristics of the wastes that have been or will be handled;
3)
Existing corrosion protection measures;
4)
Documented age of the tank system, if available, (otherwise, an estimate
of the age); and
5)
Results of a leak test, internal inspection, or other tank integrity
examination, such that the following conditions are met:
A)
For non-enterable underground tanks, this assessment must consist of a
leak test that is capable of taking into account the effects of temperature
variations, tank end deflection, vapor pocket, and high water table effects.
B)
For other than non-enterable underground tanks and for ancillary
equipment, this assessment must be either a leak test, as described above, or an
internal inspection or other tank integrity examination certified by - _
4-ndependenr–a qualified, rcgictcrcd professional engineer Professional
Engineer, in accordance with 35 Ill. Adm. Code 702.126(d), that addresses
cracks, leaks, corrosion, and erosion.
BOARD NOTE: The practices described in the American Petroleum Institute (API)
Publication, "Guide for Inspection of Refinery Equipment," Chapter XIII,
"Atmospheric and Low-Pressure Storage Tanks," incorporated by reference in 35
Ill. Adm. Code 720.111(a), may be used, where applicable, as guidelines in
conducting the integrity examination of an other than non-enterable underground
tank system.
c)?
Tank systems that store or treat materials that become hazardous wastes
subsequent to July 14, 1986 must conduct this assessment within 12 months after
the date that the waste becomes a hazardous waste.
d) If, as a result of the assessment conducted in accordance with subsection
(a) of this Section, a tank system is found to be leaking or unfit for use, the
owner or operator must comply with the requirements of Sections 725.296.
(Source: Amended at 32 Ill. Reg.
?
—, effective ?
Section 725.292
?
Design and Installation of New Tank Systems or Components
a)?
An owner or operator of a new tank system or component must ensure that
the foundation, structural support, seams, connections, and pressure controls
(if applicable) are adequately designed and that the tank system has sufficient
structural strength, compatibility with the wastes to be stored or treated, and
corrosion protection so that it will not collapse, rupture, or fail. The owner
or operator must obtain a written assessment reviewed and certified by .
, a qualified, rcgictcrcd professional engineer Professional
Engineer, in accordance with 35 Ill. Adm. Code 702.126(d), attesting that the
system has sufficient structural integrity and is acceptable for the storing and
treating of hazardous waste. This assessment must include, at a minimum, the
following information:
1)
Design standards according to which the tanks and ancillary equipment is
or will be constructed.
2)
Hazardous characteristics of the wastes to be handled.
3)
For new tank systems or components in which the external shell of a metal
tank or any external metal component of the tank system is or will be in contact
with the soil or with water, a determination by a corrosion expert of the
following:
A)?
Factors affecting the potential for corrosion, including but not limited
to the following:
i)
Soil moisture content;
ii)
Soil pH;
iii)
Soil sulfides level;
iv)
Soil resistivity;
v)
Structure to soil potential;
vi)
Influence of nearby underground metal structures (e.g., piping);
vii)
Stray electric current;
viii)
Existing corrosion-protection measures (e.g., coating, cathodic
protection, etc.); and
B) The type and degree of external corrosion protection that are needed to
ensure the integrity of the tank system during the use of the tank system or
component, consisting of one or more of the following:
i) Corrosion-resistant materials of construction such as special alloys, or
fiberglass-reinforced plastic;
ii)
Corrosion-resistant coating (such as epoxy, fiberglass, etc.) with
cathodic protection (e.g., impressed current or sacrificial anodes); and
iii)
Electrical isolation devices such as insulating joints and flanges, etc.
BOARD NOTE: The practices described in the National Association of Corrosion
Engineers (NACE) Standard, "Control of External Corrosion on Metallic Buried,
Partially Buried, or Submerged Liquid Storage Systems," NACE Recommended
Practice RP0285, and "Cathodic Protection of Underground Petroleum Storage Tanks
and Piping Systems," API Recommended Practice 1632, each incorporated by
reference in 35 Ill. Adm. Code 720.111(a), may be used, where applicable, as
guidelines in providing corrosion protection for tank systems.
4)
For underground tank system components that are likely to be affected by
vehicular traffic, a determination of design or operational measures that will
protect the tank system against potential damage; and
5)
Design considerations to ensure the following:
A)
Tank foundations will maintain the load of a full tank;
B)
Tank systems will be anchored to prevent flotation or dislodgement where
the tank system is placed in a saturated zone, or is located within a seismic
fault zone; and
C)
Tank systems will withstand the effects of frost heave.
b)?
The owner and operator of a new tank system must ensure that proper
handling procedures are adhered to in order to prevent damage to the system
during installation. Prior to covering, enclosing or placing a new tank system
or component in use, an independent, qualified installation inspector or
an
, a qualified, rogictcrcd profcacional cnginccr Professional
Engineer, either of whom is trained and experienced in the proper installation
of tank systems or components, must inspect the system or component for the
presence of any of the following items:
1) Weld breaks;
2) Punctures;
3)
Scrapes of protective coatings;
4)
Cracks;
5)
Corrosion; and
6)
Other structural damage or inadequate construction or installation. All
discrepancies must be remedied before the tank system is covered, enclosed, or
placed in use.
c)
New tank systems or components and piping that are placed underground and
which are backfilled must be provided with a backfill material that is a
noncorrosive, porous, and homogeneous substance which is carefully installed so
that the backfill is placed completely around the tank and compacted to ensure
that the tank and piping are fully and uniformly supported.
d)
All new tanks and ancillary equipment must be tested for tightness prior
to being covered, enclosed or placed in use. If a tank system is found not to
be tight, all repairs necessary to remedy the leaks in the system must be
performed prior to the tank system being covered, enclosed, or placed in use.
e)
Ancillary equipment must be supported and protected against physical
damage and excessive stress due to settlement, vibration, expansion, or
contraction.
- -
BOARD NOTE: The piping system installation procedures described in
"Installation of Underground Petroleum Storage Systems," API Recommended
Practice 1615, or "Chemical Plant and Petroleum Refinery Piping," ASME/ANSI
Standard 331.3-1987, as supplemented by B31.3a-1988 and B31.3b-1988, each
incorporated by reference in 35 Ill. Adm. Code 720.111(a), may be used where
applicable, as guidelines for proper installation of piping systems.
f)
The owner and operator must provide the type and degree of corrosion
protection necessary, based on the information provided under subsection (a) (3)
of this Section, to ensure the integrity of the tank system during use of the
tanks system. An independent corrosion expert must supervise the installation
of a corrosion protection system that is field fabricated to ensure proper
installation.
g)
The owner and operator must obtain and keep on file at the facility
written statements by those persons required to certify the design of the tank
system and supervise the installation of the tank system in accordance with the
requirements of subsections (b) through (f) of this Section to attest that the
tank system was properly designed and installed and that repairs, pursuant to
subsections (b) and (d) of this Section were performed. These written
statements must also include the certification statement, as required in 35 Ill.
Adm. Code 702.126(d).
(Source: Amended at 32 Ill. Reg.
?--, effective ?
Section 725.293
?
Containment and Detection of Releases
a)?
In order to prevent the release of hazardous waste or hazardous
constituents to the environment, secondary containment that meets the
requirements of this Section must be provided (except as provided in subsections
(f) and (g) of this Section).
1)
For a new or existing tank system or component, prior to its being put
into service--.
2) For
Numbers F020, F021, F022, F023, F026, and F027, as dcfincd in 3
721.131, within two y
arc
after January 12, 1987;
agc, whichever come later;
For those existing tank systems for which the agc c
within cight years of January 12, 1987; but if the agc of the facility is
greater than seven years, secondary c ntainment must be provided by the time the
whichever comes later; and5-2-)-Fe-r--a tank systems system that
store stores or
tr at treats materials that become hazardous wastes subsequent to January 12,
1987, within the time intervals required in subsections (a)(1) through (a)(d) of
CZ.
1
must be uscd in placc of January 12, 1907 two y ars of, within two years after
the hazardous waste listing, or when the tank system has reached 15 years of
age, whichever comes later.
b)?
Secondary containment systems must be as follows:
1)
Designed, installed, and operated to prevent any migration of wastes or
accumulated liquid out of the system to the soil, groundwater, or surface water
at any time during the use of the tank system; and
2)
Capable of detecting and collecting releases and accumulated liquids until
the collected material is removed.
c)?
To meet the requirements of subsection (b) of this Section, secondary
containment systems must be at a minimum as follows:
1)
Constructed of or lined with materials that are compatible with the wastes
to be placed in the tank system and of sufficient strength and thickness to
prevent failure due to pressure gradients (including static head and external
hydrological forces), physical contact with the waste to which they are exposed,
climatic conditions, the stress of installation, and the stress of daily
operation (including stresses from nearby vehicular traffic);
2)
Placed on a foundation or base capable of providing support to the
secondary containment system and resistance to pressure gradients above and
below the system and capable of preventing failure due to settlement,
compression, or uplift;
3)
Provided with a leak detection system that is designed and operated so
that it will detect the failure of either the primary and secondary containment
structure or any release of hazardous waste or accumulated liquid in the
secondary containment system within 24 hours, or as otherwise provided in the
RCRA permit if the operator has demonstrated to the Agency, by way of permit
application, that the existing detection technology or site conditions will not
allow detection of a release within 24 hours;
4)
Sloped or otherwise designed or operated to drain and remove liquids
resulting from leaks, spills, or precipitation. Spilled or leaked waste and
accumulated precipitation must be removed from the secondary containment system
within 24 hours, or as otherwise provided in the RCRA permit if the operator has
demonstrated to the Agency, by way of permit application, that removal of the
released waste or accumulated precipitation cannot be accomplished within 24
hours.
BOARD NOTE: If the collected material is a hazardous waste under 35 Ill.
Adm. Code 721, it is subject to management as a hazardous waste in accordance
with all applicable requirements of 35 Ill. Adm. Code 722 through 728. If the
collected material is discharged through a point source to waters of the State,
it is subject to the NPDES permit requirement of Section 12(f) of the
Environmental Protection Act and 35 Ill. Adm. Code 309. If discharged to a
Publicly Owned Treatment Works (POTW), it is subject to the requirements of 35
Ill. Adm. Code 307 and 310. If the collected material is released to the
environment, it may be subject to the reporting requirements of 35 M. Adm.
Code 750.410 and federal 40 CFR 302.6.
d)?
Secondary containment for tanks must include one or more of the following
devices:
1)
A liner (external to the tank);
2) A vault;
3)
A double-walled tank; or
4)
An equivalent device as approved by the Board in an adjusted standards
proceeding.
e)?
In addition to the requirements of subsections (b), (c), and (d),
secondary containment systems must satisfy the following requirements:
1)?
External liner systems must be as follows:
A)
Designed or operated to contain 100 percent of the capacity of the largest
tank within the liner system's boundary;
B)
Designed or operated to prevent run-on or infiltration of precipitation
into the secondary containment system, unless the collection system has
sufficient excess capacity to contain run-on or infiltration. Such additional
capacity must be sufficient to contain precipitation from a 25-year, 24-hour
rainfall event;
C)
Free of cracks or gaps; and
D)
Designed and installed to completely surround the tank and to cover all
surrounding earth likely to come into contact with the waste if released from
the tanks (i.e., capable of preventing lateral as well as vertical migration of
the waste).
2)
?
Vault systems must be as follows:
A) Designed or operated to contain 100 percent of the capacity of the largest
tank within the vault system's boundary;
B)
Designed or operated to prevent run-on or infiltration of precipitation
into the secondary containment system, unless the collection system has
sufficient excess capacity to contain run-on or infiltration. Such additional
capacity must be sufficient to contain precipitation from a 25-year, 24-hour
rainfall event;
C)
Constructed with chemical-resistant water stops in place at all joints (if
any);
D)
Provided with an impermeable interior coating or lining that is compatible
with the stored waste and that will prevent migration of waste into the
concrete;
E)
Provided with a means to protect against the formation of and ignition of
vapors within the vault, if the waste being stored or treated:
i)
Meets the definition of ignitable waste under 35 Ill. Adm. Code 721.121;
Or
ii)
Meets the definition of reactive waste under 35 Ill. Adm. Code 721.123 and
may form an ignitable or explosive vapor; and
F)?
Provided with an exterior moisture barrier or be otherwise designed or
operated to prevent migration of moisture into the vault if the vault is subject
to hydraulic pressure.
3)?
Double-walled tanks must be as follows:
A) Designed as an integral structure (i.e., an inner tank within an outer
shell) so that any release from the inner tank is contained by the outer shell;
B) Protected, if constructed of metal, from both corrosion of the primary
tank interior and the external surface of the outer shell; and
C)
Provided with a built-in continuous leak detection system capable of
detecting a release within 24 hours or as otherwise provided in the RCRA permit
if the operator has demonstrated to the Agency, by way of permit application,
that the existing leak detection technology or site conditions will not allow
detection of a release within 24 hours.
BOARD NOTE: The provisions outlined in the Steel Tank Institute (STI) document
"Standard for Dual Wall Underground Steel Storage Tanks," incorporated by
reference in 35 Ill. Adm. Code 720.111(a), may be used as guidelines for aspects
of the design of underground steel double-walled tanks.
f)?
Ancillary equipment must be provided with full secondary containment
(e.g., trench, jacketing, double-walled piping, etc.) that meets the
requirements of subsections (c) and (h) of this Section, except for the
following:
1) Aboveground piping (exclusive of flanges, joints, valves, and connections)
that are visually inspected for leaks on a daily basis;
2) Welded flanges, welded joints, and welded connections that are visually
inspected for leaks on a daily basis;
3) Sealless or magnetic coupling pumps and sealless valves that are visually
inspected for leaks on a daily basis; and
4)
Pressurized aboveground piping systems with automatic shut-off devices
(e.g., excess flow check valves, flow metering shutdown devices, loss of
pressure actuated shut-off devices, etc.) that are visually inspected for leaks
on a daily basis.
g )?
Pursuant to Section 28.1 of the Environmental Protection Act [415 ILCS
5/28.1], and in accordance with Subpart D of 35 Ill. Adm. Code 104, an adjusted
standard will be granted by the Board regarding alternative design and operating
practices only if the Board finds either that the alternative design and
operating practices, together with location characteristics, will prevent the
migration of any hazardous waste or hazardous constituents into the groundwater
or surface water at least as effectively as secondary containment during the
active life of the tank system, or that in the event of a release that does
migrate to groundwater or surface water, no substantial present or potential
hazard will be posed to human health or the environment. New underground tank
systems may not receive an adjusted standard from the secondary containment
requirements of this Section through a justification in accordance with
subsection (g) (2) of this Section.
1)?
When determining whether to grant alternative design and operating
practices based on a demonstration of equivalent protection of groundwater and
surface water, the Board will consider whether the petitioner has justified an
adjusted standard based on the following factors:
A)
The nature and quantity of the waste;
B) The proposed alternate design and operation;
C)
The hydrogeologic setting of the facility, including the thickness of
soils between the tank system and groundwater; and
D)
All other factors that would influence the quality and mobility of the
hazardous constituents and the potential for them to migrate to groundwater or
surface water.
2)?
In deciding whether to grant alternative design and operating practices
based on a demonstration of no substantial present or potential hazard, the
Board will consider whether the petitioner has justified an adjusted standard
based on the following factors:
A)?
The potential adverse effects on groundwater, surface water, and land
quality taking the following into account:
i)
The physical and chemical characteristics of the waste in the tank system,
including its potential for migration;
ii) The hydrogeological characteristics of the facility and surrounding land;
iii)
The potential for health risks caused by human exposure to waste
constituents;
iv)
The potential for damage to wildlife; crops, vegetation, and physical
structures caused by exposure to waste constituents; and
v)
The persistence and permanence of the potential adverse effects;
B)?
The potential adverse effects of a release on groundwater quality, taking
the following into account:
i)
The quantity and quality of groundwater and the direction of groundwater
flow;
ii)
The proximity and withdrawal rates of water in the area;
iii)
The current and future uses of groundwater in the area; and
iv)
The existing quality of groundwater, including other sources of
contamination and their cumulative impact on the groundwater quality;
C)?
The potential adverse effects of a release on surface water quality,
taking the following into account:
i) The quantity and quality of groundwater and the direction of groundwater
flow;
ii) The patterns of rainfall in the region;
iii)
The proximity of the tank system to surface waters;
iv)
The current and future uses of surface waters in the area and water
quality standards established for those surface waters; and
v)
The existing quality of surface water, including other sources of
contamination and the cumulative impact on surface water quality; and
D)?
The potential adverse effects of a release on the land surrounding the
tank system, taking the following into account:
i)
The patterns of rainfall in the region; and
ii)
The current and future uses of the surrounding land.
3)?
The owner or operator of a tank system, for which alternative design and
operating practices had been granted in accordance with the requirements of
subsection (g)(1), at which a release of hazardous waste has occurred from the
primary tank system but has not migrated beyond the zone of engineering control
(as established in the alternative design and operating practices), must fulfill
the following requirements:
A)?
It must comply with the requirements of Section 725.296, except Section
725.296(d); and
B)?
It must decontaminate or remove contaminated soil to the extent necessary
to assure the following:
i)
It must enable the tank system, for which alternative design and operating
practices were granted, to resume operation with the capability for the
detection of and response to releases at least equivalent to the capability it
had prior to the release; and
ii)
It must prevent the migration of hazardous waste or hazardous constituents
to groundwater or surface water.
C)?
If contaminated soil cannot be removed or decontaminated in accordance
with subsection (g)(3)(B), it must comply with the requirements of Section
725.297(b).
4)?
The owner or operator of a tank system, for which alternative design and
operating practices had been granted in accordance with the requirements of
subsection (g) (1) of this Section, at which a release of hazardous waste has
occurred from the primary tank system and has migrated beyond the zone of
engineering control (as established in the alternative design and operating
practices, must fulfill the following requirements:
A)
It must comply with the requirements of Section 725.296(a), (b), (c), and
(d); and
B)
It must prevent the migration of hazardous waste or hazardous constituents
to groundwater or surface water, if possible, and decontaminate or remove
contaminated soil. If contaminated soil cannot be decontaminated or removed, or
if groundwater has been contaminated, the owner or operator must comply with the
requirements of Section 725.297(b);
C)
?
If repairing, replacing, or reinstalling the tank system, it must provide
secondary containment in accordance with the requirements of subsections (a)
through (f) of this Section, or make the alternative design and operating
practices demonstration to the Board again with respect to secondary containment
and meet the requirements for new tank systems in Section 725.292 if the tank
system is replaced. The owner or operator must comply with these requirements
even if contaminated soil is decontaminated or removed, and groundwater or
surface water has not been contaminated.
h)?
In order to make an alternative design and operating practices
demonstration, the owner or operator must follow the following procedures, in
addition to those specified in Section 28.1 of the Act [415 ILCS 5/28.1] and
Subpart D of 35 Ill. Adm. Code 104:
1)?
The owner or operator must file a petition for approval of alternative
design and operating practices according to the following schedule:
A)
For existing tank systems, at least 24 months prior to the date that
secondary containment must be provided in accordance with subsection (a) of this
Section; and
B)
For new tank systems, at least 30 days prior to entering into a contract
for installation of the tank system.
2)?
As part of the petition, the owner or operator must also submit the
following to the Board:
A)
A description of the steps necessary to conduct the demonstration and a
timetable for completing each of the steps. The demonstration must address each
of the factors listed in subsection (g)(1) or (g)(2) of this Section; and
B)
The portion of the Part B permit application specified in 35 Ill. Adm.
Code 703.202.
3)?
The owner or operator must complete its showing within 180 days after
filing its petition for approval of alternative design and operating practices.
4)?
The Agency must issue or modify the RCRA permit so as to require the
permittee to construct and operate the tank system in the manner that was
provided in any Board order approving alternative design and operating
practices.
i)?
All tank systems, until such time as secondary containment meeting the
requirements of this Section is provided, must comply with the following:
1)
For non-enterable underground tanks, a leak test that meets the
requirements of Section 725.291(b)(5) must be conducted at least annually.
2)
For other than non-enterable underground tanks and for all ancillary
equipment, an annual the owner or operator must either conduct a leak test, as
described in subsection (i)(1) of this Section, or an internal inspection or
other tank integrity examination, by? ?
, a qualified, registered
Professional Engineer, that addresses cracks, leaks, and
corrosion and or erosion must be conducted at least annually. The owner or
operator must remove the stored waste from the tank, if necessary, to allow the
condition of all internal tank surfaces to be assessed.
BOARD NOTE: The practices described in API Publication "Guide for
Inspection of Refinery Equipment," Chapter XIII, "Atmospheric and Low Pressure
Storage Tanks," incorporated by reference in 35 Ill. Adm. Code 720.111(a), may
be used, when applicable, as guidelines for assessing the overall condition of
the tank system.
3)
The owner or operator must maintain on file at the facility a record of
the results of the assessments conducted in accordance with subsections (i)(1)
through (i)(3) of this Section.
4)
If a tank system or component is found to be leaking or unfit for use as a
result of the leak test or assessment in subsections (i)(1) through (i)(3) of
this Section, the owner or operator must comply with the requirements of Section
725.296.
(Source: Amended at 32 Ill. Reg.
?
?
, effective ?
Section 725.295
?
Inspections
a)?
The owner or operator must inspect the following, where present, at least
once each operating day, data gathered from monitoring and leak detection
equipment (e.g., pressure or temperature gauges, monitoring wells, etc.) to
ensure that the tank system is being operated according to its design.
b)?
Except as noted under the subsection (c) of this Section, the owner or
operator must inspect the following at least once each operating day:
1)
Overfill/spill control equipment (e.g., waste-feed cutoff systems, bypass
systems, and drainage systems) to ensure that it is in good working order;
2)
The aboveground portion Above ground portions of the tank system, if any,
to detect corrosion or releases of waste; and
3)
according to its design; and43)?
The construction materials and the area
immediately surrounding the externally accessible portion of the tank system,
including the secondary containment structures system (e.g., dikes) to detect
erosion or signs of releases of hazardous waste (e.g., wet spots, dead
vegetation, etc.)-;-.
BOARD NOTE: Section 725.115(c) requires the owner or operator to remedy
any deterioration or malfunction the owner or operator finds. Section 725.296
requires the owner or operator to notify the Agency within 24 hours of
confirming a release. Also, federal 40 CFR 302 may require the owner or
operator to notify the National Response Center of a release.
c)?
The owner or operator of a tank system that either uses leak detection
equipment to alert facility personnel to leaks or implements established
workplace practices to ensure leaks are promptly identified must inspect at
least weekly those areas described in subsections (b)(1) through (b)(3) of this
Section. Use of the alternate inspection schedule must be documented in the
facility's operating record. This documentation must include a description of
the established workplace practices at the facility.
d)
The owner or operator of a Performance Track member facility may inspect
on a less frequent basis, after approval by the Agency, but it must inspect at
least once each month. To apply for a less than weekly inspection frequency,
the owner or operator of the Performance Track member facility must follow the
procedures described in Section 725.115(b)(5).
e)
Ancillary equipment that is not provided with secondary containment, as
described in Section 725.293(f)(1) through (f)(4), must be inspected at least
once each operating day.
bff) The owner or operator must inspect cathodic protection systems, if
present, according to, at a minimum, the following schedule to ensure that they
are functioning properly:
1)
The proper operation of the cathodic protection system must be confirmed
within six months after initial installation, and annually thereafter; and
2)
All sources of impressed current must be inspected or tested, as
appropriate, at least every other month.
BOARD NOTE: The practices described in "Control of External Corrosion on
Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems," NACE
Recommended Practice RP0285-85, or "Cathodic Protection of Underground Petroleum
Storage Tanks and Piping Systems," API Recommended Practice 1632, each
incorporated by reference in 35 Ill. Adm. Code 720.111(a), may be used, where
applicable, as guidelines in maintaining and inspecting cathodic protection
systems.
cga)
The owner or operator must document in the operating record of the
facility an inspection of those items in subsections (a) and (b) of this
Section.
(Source: Amended at 32 Ill. Reg. ?
, effective ?
)
Section 725.296
?
Response to Leaks or Spills and Disposition of Tank Systems
A tank system or secondary containment system from which there has been a leak
or spill, or which is unfit for use, must be removed from service immediately.
The owner or operator must satisfy the following requirements:
a)
Cease using; prevent flow or addition of wastes. The owner or operator
must immediately stop the flow of hazardous waste into the tank system or
secondary containment system and inspect the system to determine the cause of
the release.
b)
Removal of waste from tank system or secondary containment system.
1)
If the release was from the tank system, the owner or operator must,
within 24 hours after detection of the leak, remove as much of the waste as is
necessary to prevent further release of hazardous waste to the environment and
to allow inspection and repair of the tank system to be performed.
2)
If the release was to a secondary containment system, all released
materials must be removed within 24 hours to prevent harm to human health and
the environment.
c) Containment of visible releases to the environment. The owner or operator
must immediately conduct a visual inspection of the release and, based upon that
inspection, do the following:
1)
Prevent further migration of the leak or spill to soils or surface water;
and
2)
Remove and properly dispose of any visible contamination of the soil or
surface water.
d)?
Notifications; reports.
1)?
Any release to the environment, except as provided in subsection (d)(2) of
this Section, must be reported to the Agency within 24 hours after detection.
2)?
A leak or spill of hazardous waste is exempted from the requirements of
this subsection (d) if the following occur:
A)
The spill is less than or equal to a quantity of one pound; and
B)
The spill is immediately contained and cleaned-up.
3)?
Within 30 days after detection of a release to the environment, a report
containing the following information must be submitted to the Agency:
A)
Likely route of migration of the release;
B)
Characteristics of the surrounding soil (soil composition, geology,
hydrogeology, climate, etc.);
C)
Results of any monitoring or sampling conducted in connection with the
release (if available). If sampling or monitoring data relating to the release
are not available within 30 days, these data must be submitted to the Agency as
soon as they become available;
D)
Proximity to downgradient drinking water, surface water, and population
areas; and
E)
Description of response actions taken or planned.
e)?
Provision of secondary containment, repair, or closure.
1)
Unless the owner or operator satisfies the requirements of subsections
(e) (2) through (e)(4) of this Section, the tank system must be closed in
accordance with Section 725.297.
2)
If the cause of the release was a spill that has not damaged the integrity
of the system, the owner or operator may return the system to service as soon as
the released waste is removed and repairs, if necessary, are made.
3) If the cause of the release was a leak from the primary tank system into
the secondary containment system, the system must be repaired prior to returning
the tank system to service.
4)
If the source of the release was a leak to the environment from a
component of a tank system without secondary containment, the owner or operator
must provide the component of the system from which the leak occurred with
secondary containment that satisfies the requirements of Section 725.293 before
it is returned to service, unless the source of the leak is an aboveground
portion of a tank system. If the source is an aboveground component that can be
inspected visually, the component must be repaired and may be returned to
service without secondary containment as long as the requirements of subsection
(f) of this Section are satisfied. If a component is replaced to comply with
the requirements of this subsection (e) (4), that component must satisfy the
requirements for new tank systems or components in Sections 725.292 and 725.293.
Additionally, if a leak has occurred in any portion of a tank system component
that is not readily accessible for visual inspection (e.g., the bottom of an
inground or onground tank), the entire component must be provided with secondary
containment in accordance with Section 725.293 prior to being returned to use.
f)?
Certification of major repairs. If the owner or operator has repaired a
tank system in accordance with subsection (e) of this Section, and the repair
has been extensive (e.g., installation of an internal liner, repair of a
ruptured primary containment or secondary containment vessel, etc.), the tank
system must not be returned to service unless the owner or operator has obtained
a certification by
??
_ a qualified, rogistcrod profcssional cnginccr
Professional Engineer, in accordance with 35 Ill. Adm. Code 702.126(d) that the
repaired system is capable of handling hazardous wastes without release for the
intended life of the system. This certification must be
-?
- .
placed in the operating
record and maintained until closure of the facility.
BOARD NOTE: See Section 725.115(c) for the requirements necessary to remedy a
failure. Also, federal 40 CFR 302.6 requires the owner or operator to notify
the National Response Center of a release of any "reportable quantity."
(Source: Amended at 32 Ill. Reg.?--, effective
Section 725.301
?
Generators of 100 to 1,000 Kilograms of Hazardous Waste Per
Month
a)
The requirements of this Section apply to small quantity generators that
generate more than 100 kg but less than 1,000 kg of hazardous waste in a
calendar month, that accumulate hazardous waste in tanks for less than 180 days
(or 270 days if the generator must ship the waste greater than 200 miles), and
that do not accumulate over 6,000 kg on-site at any time.
b)
A generator of between 100 and 1,000 kg/mo hazardous waste must comply
with the following general operating requirements:
1)
Treatment or storage of hazardous waste in tanks must comply with Section
725.117(b);
2)
Hazardous wastes or treatment reagents must not be placed in a tank if
they could cause the tank or its inner liner to rupture, leak, corrode, or
otherwise fail before the end of its intended life;
3) Uncovered tanks must be operated to ensure at least 60 centimeters (2
feet) of freeboard unless the tank is equipped with a containment structure
(e.g., dike or trench), a drainage control system, or a diversion structure
(e.g., standby tank) with a capacity that equals or exceeds the volume of the
top 60 centimeters (2 feet) of the tank; and
4)?
Where hazardous waste is continuously fed into a tank, the tank must be
equipped with a means to stop this inflow (e.g., waste feed cutoff system or by-
pass system to a stand-by tank).
BOARD NOTE: These systems are intended to be used in the event of a leak or
overflow from the tank due to a system failure (e.g., a malfunction in the
treatment process, a crack in the tank, etc.).
c)?
A–Except as noted in subsection (d) of this Section, a generator of
between 100 and 1,000 kg/mo accumulating hazardous waste in tanks must inspect
the following, where present:
1)
Discharge control equipment (e.g., waste feed cutoff systems, by-pass
systems, and drainage systems) at least once each operating day, to ensure that
it is in good working order;
2)
Data gathered from monitoring equipment (e.g., pressure and temperature
gauges) at least once each operating day to ensure that the tank is being
operated according to its design;
3)
The level of waste in the tank at least once each operating day to ensure
compliance with subsection (b)(3) of this Section;
4)
The construction materials of the tank at least weekly to detect corrosion
or leaking of fixtures or seams; and
5)
The construction materials of and the area immediately surrounding
discharge confinement structures (e.g., dikes) at least weekly to detect erosion
or obvious signs of leakage (e.g., wet spots or dead vegetation).
BOARD NOTE: As required by Section 725.115(c), the owner or operator must
remedy any deterioration or malfunction the owner or operator finds.
d)?
A generator that accumulates between 100 and 1,000 kg/mo of hazardous
waste in tanks or tank systems which have full secondary containment and which
either uses leak detection equipment to alert facility personnel to leaks or
implements established workplace practices to ensure leaks are promptly
identified must inspect at least weekly, where applicable, the areas identified
in subsections (c)(1) through (c)(5) of this Section. Use of the alternate
inspection schedule must be documented in the facility's operating record. This
documentation must include a description of the established workplace practices
at the facility.
e) The owner or operator of a Performance Track member facility may inspect
on a less frequent basis after approval by the Agency, but it must inspect at
least once each month. To apply for a less than weekly inspection frequency,
the owner or operator of the Performance Track member facility must follow the
procedures described in Section 725.115(b)(5).
dfi) A generator of between 100 and 1,000 kg/mo accumulating hazardous waste in
tanks must, upon closure of the facility, remove all hazardous waste from tanks,
discharge control equipment, and discharge confinement structures.
BOARD NOTE: At closure, as throughout the operating period, unless the
owner or operator demonstrates, in accordance with 35 Ill. Adm. Code 721.103(d)
or (e), that any solid waste removed from the tank is not a hazardous waste, the
owner or operator becomes a generator of hazardous waste and must manage it in
accordance with all applicable requirements of 35 Ill. Adm. Code 722, 723, and
725.
ega)
A generator of between 100 and 1,000 kg/mo must comply with the following
special requirements for ignitable or reactive waste:
1)
?
Ignitable or reactive waste must not be placed in a tank unless one of the
following conditions are fulfilled:
A)?
The waste is treated, rendered, or mixed before or immediately after
placement in a tank so that the following is true of the waste:
i)
The resulting waste, mixture, or dissolution of material no longer meets
the definition of ignitable or reactive waste under 35 Ill. Adm. Code 721.121 or
721.123, and
ii)
Section 725.117(b) is complied with;
B)?
The waste is stored or treated in such a way that it is protected from any
material or conditions that may cause the waste to ignite or react; or
C)
?
The tank is used solely for emergencies.
2)?
The owner or operator of a facility that treats or stores ignitable or
reactive waste in covered tanks must comply with the buffer zone requirements
for tanks contained in Tables 2-1 through 2-6 of "Flammable and Combustible
Liquids Code," NFPA 30, incorporated by reference in 35 Ill. Adm. Code
720.111(a).
fh) A generator of between 100 and 1,000 kg/mo must comply with the following
special requirements for incompatible wastes:
1)
Incompatible wastes or incompatible wastes and materials (see appendix V
of 40 CFR 265 (Examples of Potentially Incompatible Waste), incorporated by
reference in 35 Ill. Adm. Code 720.111(b), for examples) must not be placed in
the same tank unless Section 725.117(b) is complied with.
2)
Hazardous waste must not be placed in an unwashed tank that previously
held an incompatible waste or material unless Section 725.117(b) is complied
with.
(Source: Amended at 32 Ill. Reg.?--, effective
SUBPART K: SURFACE IMPOUNDMENTS
Section 725.321?
Design and Operating Requirements
a)
?
The owner or operator of each new surface impoundment unit-en-wh-i-c-h-
construction commcncco aftcr January 29, 1992„ each lateral expansion of a
surface impoundment unit on which construction commcnccs aftcr July 29, 1992„
and each replacement of an existing surface impoundment unit that is to commcncc
, must install two or more liners and a leachate
collection and removal system between such liners, and operate the leachate
collection and removal system, in accordance with 35 Ill. Adm. Code 724.321(c),
unless exempted under 35 Ill. Adm. Code 724.321(d), (e), or (f). "Construction
b)
?
The owner or operator of each unit referred to in subsection (a) of this
Section must notify the Agency at least sixty days prior to receiving waste.
The owner or operator of each facility submitting notice must file a Part B
application within six months of the receipt of such notice.
c) The owner or operator of any replacement surface impoundment unit is
exempt from subsection (a) of this Section if the following conditions are
fulfilled:
1)
The existing unit was constructed in compliance with the design standards
of 35 Ill. Adm. Code 724.321(c), (d), and (e); and
BOARD NOTE: The cited subsections implemented the design standards of
sections 3004(o)(1)(A)(i) and (o)(5) of the Resource Conservation and Recovery
Act (42 USC 6924 (o) (1) (A) (i) and (o)(5)).
2)
There is no reason to believe that the liner is not functioning as
designed.
d)
?
The Agency must not require a double liner as set forth in subsection (a)
of this Section for any monofill, if the following conditions are fulfilled:
1) The monofill contains only hazardous wastes from foundry furnace emission
controls or metal casting molding sand, and such wastes do not contain
constituents that render the wastes hazardous for reasons other than the
toxicity characteristic in 35 Ill. Adm. Code 721.124, with USEPA hazardous waste
numbers D004 through D017; and
2)
No migration demonstration.
A)?
Design and location requirements.
i)
The monofill has at least one liner for which there is no evidence that
such liner is leaking. For the purposes of this subsection (d)(2)(A)(i) the
term "liner" means a liner designed, constructed, installed, and operated to
prevent hazardous waste from passing into the liner at any time during the
active life of the facility, or a liner designed, constructed, installed, and
operated to prevent hazardous waste from migrating beyond the liner to adjacent
subsurface soil, groundwater, or surface water at any time during the active
life of the facility. In the case of any surface impoundment that has been
exempted from the requirements of subsection (a) of this Section, of a liner
designed, constructed, installed, and operated to prevent hazardous waste from
passing beyond the liner, at the closure of such impoundment the owner or
operator must remove or decontaminate all waste residues, all contaminated liner
material and contaminated soil to the extent practicable. If all contaminated
soil is not removed or decontaminated, the owner or operator of such impoundment
must comply with appropriate post-closure requirements, including but not
limited to groundwater monitoring and corrective action;
ii) The monofill is located more than one-quarter mile from an underground
source of drinking water (as that term is defined in 35 Ill. Adm. Code 702.110);
and
iii)
The monofill is in compliance with generally applicable groundwater
monitoring requirements for facilities with RCRA permits; or
B)?
The owner or operator demonstrates to the Board that the monofill is
located, designed, and operated so as to assure that there will be no migration
of any hazardous constituent into groundwater or surface water at any future
time.
e)
In the case of any unit in which the liner and leachate collection system
have been installed pursuant to the requirements of subsection (a) of this
Section, and in good faith compliance with subsection (a) of this Section and
with guidance documents governing liners and leachate collection systems under
subsection (a) of this Section, the Agency must not require a liner or leachate
collection system that is different from that which was so installed pursuant to
subsection (a) of this Section when issuing the first permit to such facility,
except that the Agency is not precluded from requiring installation of a new
liner when the Agency finds that any liner installed pursuant to the
requirements of subsection (a) of this Section is leaking.
f)
A surface impoundment must maintain enough freeboard to prevent any
overtopping of the dike by overfilling, wave action, or a storm. Except as
provided in subsection (g) of this Section, there must be at least 60
centimeters (two feet) of freeboard.
g)
A freeboard level less than 60 centimeters (two feet) may be maintained if
the owner or operator obtains certification by a qualified engineer that
alternate design features or operating plans will, to the best of the engineer's
knowledge and opinion, prevent overtopping of the dike. The certification,
along with a written identification of alternate design features or operating
plans preventing overtopping, must be maintained at the facility.
BOARD NOTE: Any point source discharge from a surface impoundment to waters of
the State is subject to the requirements of Section 12 of the Environmental
Protection Act [415 ILCS 5/12]. Spills may be subject to Section 311 of the
Clean Water Act (33 USC 1321).
h)
Surface impoundments that are newly subject to this Part due to the
promulgation of additional listings or characteristics for the identification of
hazardous waste must be in compliance with subsections (a), (c), or (d) of this
Section not later than 48 months after the promulgation of the additional
listing or characteristic. This compliance period must not be cut short as the
result of the promulgation of land disposal prohibitions under 35 Ill. Adm. Code
728 or the granting of an extension to the effective date of a prohibition
pursuant to 35 III. Adm. Code 728.105, within this 48 month period.
i)
Refusal to grant an exemption or waiver, or grant with conditions, may be
appealed to the Board.
(Source: Amended at 32 Ill. Reg.?—, effective
Section 725.324 725.323 ?
Containment System
An earthen dike must have a protective cover, such as grass, shale, or rock to
minimize wind and water erosion and to preserve its structural integrity.
is derived from the original version of 40 CFR 265.223.
(Source: Renumbered from Section 725.324 and amended at 32 Ill. Reg.
effective
Section 725.323 725.324 ?
Response Actions
a)?
The owner or operator of surface impoundment units subject to Section
725.321(a) must submit develop and keep on site a response action plan to the
tion 725.322._
The response action plan must set forth the actions to be taken if the action
leakage rate has been exceeded. At a minimum, the response action plan must
describe the actions specified in subsection (b) of this Section.
b)?
If the flow rate into the LDS exceeds the action leakage rate for any
sump, the owner or operator must do the following:
1)
Notify the Agency in writing of theex-eeedenee–exceedance within seven
days after the determination;
2)
Submit a preliminary written assessment to the Agency within 14 days of
the determination, as to the amount of liquids; likely sources of liquids;
possible location, size, and cause of any leaks; and short-term actions taken
and planned;
3) Determine to the extent practicable the location, size, and cause of any
leak;
4)
Determine whether waste receipt should cease or be curtailed; whether any
waste should be removed from the unit for inspection, repairs, or controls; and
whether or not the unit should be closed;
5)
Determine any other short-term and longer-term actions to be taken to
mitigate or stop any leaks; and
6) Within 30 days after the notification that the action leakage rate has
been exceeded, submit to the Agency the results of the determinations specified
in subsections (b) (3) through (b)(5) of this Section, the results of actions
taken, and actions planned. Monthly thereafter, as long as the flow rate in the
LDS exceeds the action leakage rate, the owner or operator must submit to the
Agency a report summarizing the results of any remedial actions taken and
actions planned.
c)?
To make the leak or remediation determinations in subsections (b)(3)
through (b)(5) of this Section, the owner or operator must do either of the
following:
1)?
Perform the following assessments:
A)
Assess the source of liquids and amounts of liquids by source;
B)
Conduct a fingerprint, hazardous constituent, or other analyses of the
liquids in the LDS to identify the source of liquids and possible location of
any leaks, and the hazard and mobility of the liquid; and
C)
Assess the seriousness of any leaks in terms of potential for escaping
into the environment; or
2)?
Document why such assessments are not needed.
• - -
CZ*
- -
d)?
Final Agency determinations pursuant to this Section are deemed to be
permit denials for purposes of appeal to the Board pursuant to Section 40 of the
Environmental Protection Act [415 ILCS 5/40].
(Source: Renumbered from Section 725.323 and amended at 32 Ill. Reg.
effective
SUBPART L: WASTE PILES
Section 725.355?
Action Leakage Rates
a)
The owner or operator of waste pile units subject to Section 725.354 must
submit a proposed action leakage rate to the Agency when submitting the notice
required under Section 725.354. Within 60 days after receipt of the
notification, the Agency must either establish an action leakage rate, either
as proposed by the owner or operator or modified using the criteria in this
Section, or it must extend the review period for up to 30 days. If no action is
taken by the Agency before the original 60 or extended 90 day review period, the
action leakage rate must be approved as proposed by the owner or operator.
b)
The Agency must approve an action leakage rate for curfacc impoundmcnt
waste pile units subject to Section 725.354. The action leakage rate is the
maximum design flow rate that the LDS can remove without the fluid head on the
bottom liner exceeding one foot. The action leakage rate must include an
adequate safety margin to allow for uncertainties in the design (e.g., slope,
hydraulic conductivity, thickness of drainage material, etc.), construction,
operation, and location of the LDS; waste and leachate characteristics; the
likelihood and amounts of other sources of liquids in the LDS; and proposed
response actions (e.g., the action leakage rate must consider decreases in the
flow capacity of the system over time resulting from siltation and clogging, rib
layover, and creep of synthetic components of the system; overburden pressures;
etc.).
c)
To determine if the action leakage rate has been exceeded, the owner or
operator must convert the weekly flow rate from the monitoring data obtained
under Section 725.360, to an average daily flow rate (gallons per acre per day)
for each sump. The average daily flow rate for each sump must be calculated
weekly during the active life and closure period.
d)
Final Agency determinations pursuant to this Section are deemed to be
permit denials for purposes of appeal to the Board pursuant to Section 40 of the
Environmental Protection Act [415 ILCS 5/40].
(Source: Amended at 32 Ill. Reg.
?
?
, effective ?
Section 725.359
?
Response Actions
a)
The owner or operator of waste pile units subject to Section 725.354 must
submit a response action plan to the Agency when submitting the proposed action
leakage rate under Section 725.355. The response action plan must set forth the
actions to be taken if the action leakage rate has been exceeded. At a minimum,
the response action plan must describe the actions specified in subsection (b)
of this Section.
b)
If the flow rate into the leak determination system exceeds the action
leakage rate for any sump, the owner or operator must do the following:
1
1)
Notify the Agency in writing of the excccdcncc exceedance within seven
days after the determination;
2)
Submit a preliminary written assessment to the Agency within 14 days after
the determination as to the amount of liquids; likely sources of liquids;
possible location, size, and cause of any leaks; and short-term actions taken
and planned;
3)
Determine to the extent practicable the location, size, and cause of any
leak;
4)
Determine whether waste receipts should cease or be curtailed; whether any
waste should be removed from the unit for inspection, repairs, or controls; and
whether or not the unit should be closed;
5)
Determine any other short-term and longer-term actions to be taken to
mitigate or stop any leaks; and
6)
Within 30 days after the notification that the action leakage rate has
been exceeded, submit to the Agency the results of the determinations specified
in subsections (b)(3) through (b)(5) of this Section, the results of actions
taken, and actions planned. Monthly thereafter, as long as the flow rate in the
LDS exceeds the action leakage rate, the owner or operator must submit to the
Agency a report summarizing the results of any remedial actions taken and
actions planned.
c)?
To make the leak or remediation determinations in subsections (b)(3)
through (b)(5) of this Section, the owner or operator must do either of the
following:
1)?
Perform the following assessments:
A)
Assess the source of liquids and amounts of liquids by source;
B)
Conduct a fingerprint, hazardous constituent, or other analyses of the
liquids in the LDS to identify the source of liquids and possible location of
any leaks, and the hazard and mobility of the liquid; and
C)
Assess the seriousness of any leaks in terms of potential for escaping
into the environment; or
2)?
Document why such assessments are not needed.
d)?
Final Agency determinations pursuant to this Section are deemed to be
permit denials for purposes of appeal to the Board pursuant to Section 40 of the
Environmental Protection Act [415 ILCS 5/40].
(Source: Amended at 32 Ill. Reg.
??
, effective ?
)
SUBPART M: LAND TREATMENT
Section 725.380
?
Closure and Post-Closure Caro
a) In the closure plan under Section 725.212 and the post-closure plan under
Section 725.218 the owner or operator must address the following objectives and
indicate how they will be achieved:
1)
Control of the migration of hazardous waste and hazardous waste
constituents from the treated area into the groundwater;
2)
Control of the release of contaminated runoff from the facility into
surface water;
3)
Control of the release of airborne particulate contaminants caused by wind
erosion; and
4)
Compliance with Section 725.376 concerning the growth of food-chain crops.
b)?
The owner or operator must consider at least the following factors in
addressing the closure and post-closure care objectives of subsection (a) of
this Section:
1)
The type and amount of hazardous waste and hazardous waste constituents
applied to the land treatment facility;
2)
The mobility and the expected rate of migration of the hazardous waste and
hazardous waste constituents;
3)
The site location, topography, and surrounding land use with respect to
the potential effects of pollutant migration (e.g., proximity to groundwater,
surface water, and drinking water sources);
4)
Climate, including amount, frequency, and pH of precipitation;
5)
Geological and soil profiles and surface and subsurface hydrology of the
site and soil characteristics, including cation exchange capacity, total organic
carbon, and pH;
6)
Unsaturated zone monitoring information obtained under Section 725.378;
and
7)
The type, concentration, and depth of migration of hazardous waste
constituents in the soil, as compared to their background concentrations.
c)
?
The owner or operator must consider at least the following methods in
addressing the closure and post-closure care objectives of subsection (a) of
this Section:
1)?
Removal of contaminated soils;
2)?
Placement of a final cover, considering the following:
A)
Functions of the cover (e.g., infiltration control, erosion and runoff
control, and wind erosion control); and
B)
Characteristics of the cover, including material, final surface contours,
thickness, porosity and permeability, slope, length of run of slope, and type of
vegetation on the cover; and
3)?
Monitoring of groundwater.
d)
?
In addition to the requirements of Subpart G of this Part during the
closure period the owner or operator of a land treatment facility must do the
following:
1)
It must continue unsaturated zone monitoring in a manner and frequency
specified in the closure plan, except that soil pore liquid monitoring may be
terminated 90 days after the last application of waste to the treatment zone;
2)
It must maintain the run-on control system required under Section
725.372(b);
3)
It must maintain the run-off management system required under Section
725.372(c); and
4)
It must control wind dispersal of particulate matter that may be subject
to wind dispersal.
e)
?
For the purpose of complying with Section 725.215, when closure is
completed the owner or operator may submit to the Agency certification both by
the owner or operator and by an independent qualified soil scientist, in lieu
of?
a qualified Professional
Engineer, that the facility has been closed in accordance with the
specifications in the approved closure plan.
f)?
In addition to the requirements of Section 725.217, during the post-
closure care period the owner or operator of a land treatment unit must fulfill
the following requirements:
1)
It must continue soil-core monitoring by collecting and analyzing samples
in a manner and frequency specified in the post-closure plan;
2)
It must restrict access to the unit as appropriate for its post-closure
use;
3)
It must assure that growth of food chain crops complies with Section
725.376; and
4)
It must control wind dispersal of hazardous waste.
(Source: Amended at 32 Ill. Reg.
?
--, effective ?
SUBPART N: LANDFILLS
Section 725.401
?
Design Requirements
a)
The owner or operator of each new landfill unit on which construction
commences after January 29, 1992„ each lateral expansion of a landfill unit on
• h-i-ela--construction commences after July 29, 1992, and each replacement of an
existing landfill unit?
, _• ,
must
install two or more liners and a leachate collection and removal system above
and between such liners, and operate the leachate collection and removal systems
system, in accordance with 35 Ill. Adm. Code 724.401(c), unless exempted by 35
Ill. Adm. Code 724.401(d), (e) or (f).
35 Ill. Adm. Codc 720.110 under "existing facility."
b)
The owner or operator of each unit referred to in subsection (a) of this
Section must notify the Agency at least 60 days prior to receiving waste. The
owner or operator of each facility submitting notice must file a Part B
application within six months of the receipt of such notice.
c)
?
The owner or operator of any replacement landfill unit is exempt from
subsection (a) of this Section if both of the following are true:
1)
The existing unit was constructed in compliance with the design standards
of 35 Ill. Adm. Code 724.401(c), (d), and (e); and
BOARD NOTE: The cited subsections implemented the design standards of
sections 3004(0)(1)(A)(i) and (o)(5) of the Resource Conservation and Recovery
Act (42 USC 6924 (o) (1) (A) (i) and (o)(5)).
2)
There is no reason to believe that the liner is not functioning as
designed.
d)?
The Agency must not require a double liner as set forth in subsection (a)
of this Section for any monofill, if the following conditions are fulfilled:
1)
The monofill contains only hazardous wastes from foundry furnace emission
controls or metal casting molding sand, and such wosto doca wastes do not
contain constituents that render the wastes hazardous for reasons other the
toxicity characteristic in 35 Ill. Adm. Code 721.124, with hazardous waste
numbcr numbers D004 through D017; and
2)
Alternative demonstration.
A)?
Liner and location requirements.
i)
The monofill has at least one liner for which there is no evidence that
such liner is leaking;
ii)
The monofill is located more than one-quarter mile from an underground
source of drinking water (as that term is defined in 35 Ill. Adm. Code 702.110);
and
iii)
The monofill is in compliance with generally applicable groundwater
monitoring requirements for facilities with RCRA permits; or
B)?
The owner or operator demonstrates to the Board that the monofill is
located, designed, and operated so as to assure that there will be no migration
of any hazardous constituent into groundwater or surface water at any future
time.
e)?
In the case of any unit in which the liner and leachate collection system
have been installed pursuant to the requirements of subsection (a) of this
Section, and in good faith compliance with subsection (a) of this Section and
with guidance documents governing liners and leachate collection systems under
subsection (a)
e,_
?
,
the Agency must not require a liner or leachate
collection system that is different from that which was so installed pursuant to
subsection (a) of this Section when issuing the first permit to such facility,
except that the Agency is not precluded from requiring installation of a new
liner when the Agency finds that any liner installed pursuant to the
requirements of subsection (a) of this Section is leaking.
f) The owner or operator must design, construct, operate, and maintain a run-
on control system capable of preventing flow onto the active portion of the
landfill during peak discharge from at least a 25-year storm.
g)
The owner or operator must design, construct, operate, and maintain a run-
off management system to collect and control at least the water volume resulting
from a 24 hour, 25-year storm.
h) Collection and holding facilities (e.g., tanks or basins) associated with
run-on and run-off control systems must be emptied or otherwise managed
expeditiously after storms to maintain design capacity of the system.
i)
The owner or operator of a landfill containing hazardous waste that is
subject to dispersal by wind must cover or otherwise manage the landfill so that
wind dispersal of the hazardous waste is controlled.
BOARD NOTE: As required by Section 725.113, the waste analysis plan must
include analyses needed to comply with Sections 725.412, 725.413, and 725.414.
As required by Section 725.173, the owner or operator must place the results of
these analyses in the operating record of the facility.
(Source: Amended at 32 Ill. Reg.
?
—, effective ?
Section
725.403?
Response Actions
a)
The owner or operator of landfill units subject to Section 725.401(a) must
submit
develop and keep on site until closure of the facility a response action
plan
■ ■■■ -■? -■ ■--
cction 725.1-19-2-m_ The response action plan must set forth the actions to be
taken if the action leakage rate has been exceeded. At a minimum, the response
action plan must describe the actions specified in subsection (b) of this
Section.
b)
If the flow rate into the LDS exceeds the action leakage rate for any
sump, the owner or operator must do each of the following:
1)
Notify the Agency in writing of the ec-e-ee-ele-nee—exceedance within seven
days after the determination;
2)
Submit a preliminary written assessment to the Agency within 14 days after
the determination, as to the amount of liquids; likely sources of liquids;
possible location, size, and cause of any leaks; and short-term actions taken
and planned;
3) Determine to the extent practicable the location, size, and cause of any
leak;
4)
Determine whether waste receipt should cease or be curtailed; whether any
waste should be removed from the unit for inspection, repairs , or controls; and
whether or not the unit should be closed;
5)
Determine any other short-term and longer-term actions to be taken to
mitigate or stop any leaks; and
6) Within 30 days after the notification that the action leakage rate has
been exceeded, submit to the Agency the results of the determinations specified
in subsections (b)(3) through (b)(5) of this Section, the results of actions
taken, and actions planned. Monthly thereafter, as long as the flow rate in the
LDS exceeds the action leakage rate, the owner or operator must submit to the
Agency a report summarizing the results of any remedial actions taken and
actions planned.
c)?
To make the leak or remediation determinations in subsections (b)(3)
through (b)(5) of this Section, the owner or operator must do either of the
following:
1)?
Perform the following assessments:
A)
Assess the source of liquids and amounts of liquids by source;
B)
Conduct a fingerprint, hazardous constituent or other analyses of the
liquids in the LDS to identify the source of liquids and possible location of
any leaks, and the hazard and mobility of the liquid; and
C)
Assess the seriousness of any leaks in terms of potential for escaping
into the environment; or
2)?
Document why such assessments are not needed.
d)?
Final Agency determinations pursuant to this Section are deemed to be
permit denials for purposes of appeal to the Board pursuant to Section 40 of the
Environmental Protection Act [415 ILCS 5/40].
(Source: Amended at 32 Ill. Reg.
?
, effective ?
)
Section 725.414
?
Special Requirements for Liquid Wastes
a)
?
This subsection (a) corresponds with 40 CFR 2G5.'
the placement of bulk or n n c ntaincrized liquid waste or waste containing free
his statement maintains structural
baa) The placement of bulk or non-containerized liquid hazardous waste or
hazardous waste containing free liquids (whether or not sorbents have been
added) in any landfill is prohibited.
ebb) Containers holding free liquids must not be placed in a landfill unless
one of the following conditions is fulfilled:
1)?
One of the following occurs with regard to all free-standing liquid:
A)
It has been removed by decanting or other methods;
B)
It has been mixed with sorbent or solidified so that free-standing liquid
is no longer observed; or
C)
It has been otherwise eliminated;
2)?
The container is very small, such as an ampule;
3)?
The container is designed to hold free liquids for use other than storage,
such as a battery or capacitor; or
4)
?
The container is a lab pack, as defined in Section 724.416, and is
disposed of in accordance with Section 724.416.
de) To demonstrate the absence or presence of free liquids in either a
containerized or a bulk waste, the following test must be used: Method 9095B
(Paint Filter Liquids Test), as described in "Test Methods for Evaluating Solid
Wastes, Physical/Chemical Methods," USEPA publication number EPA– 530/SW-846,
incorporated by reference in 35 Ill. Adm. Code 720.111(a).
e4)- The placcmcnt of any liquid that is not a hazardous waste in a landfill is
prohibited (35 Ill. Adm. Codc 729.311).d) This subsection (d) corresponds with
40 CFR 265.314(d), which recites a past effective date. This statement
maintains sturcturalstructural parity with the federal regulations.
--e-a) Sorbents used to treat free liquids to be disposed of in landfills must be
nonbiodegradable. Nonbiodegradable sorbents are one of the following:
materials listed or described in subsection (f)(1) of this Section; materials
that pass one of the tests in subsection (f)(2) of this Section; or materials
that are determined by the Board to be nonbiodegradable through the adjusted
standard procedure of Section 28.1 of the Act [415 ILCS 5/28.1] and Subpart D of
35 Ill. Adm. Code 104.
1)?
Nonbiodegradable sorbents are the following:
A)
Inorganic minerals, other inorganic materials, and elemental carbon (e.g.,
aluminosilicates, clays, smectites, Fuller's earth, bentonite, calcium
bentonite, montmorillonite, calcined montmorillonite, kaolinite, micas (illite),
vermiculites, zeolites, calcium carbonate (organic free limestone),
oxides/hydroxides, alumina, lime, silica (sand), diatomaceous earth, perlite
(volcanic glass), expanded volcanic rock, volcanic ash, cement kiln dust, fly
ash, rice hull ash, activated charcoal/activated carbon, etc.); or
B) High molecular weight synthetic polymers (e.g., polyethylene, high density
polyethylene (HDPE), polypropylene, polystyrene, polyurethane, polyacrylate,
polynorborene, polyisobutylene, ground synthetic rubber, cross-linked
allylstyrene, and tertiary butyl copolymers). This does not include polymers
derived from biological material or polymers specifically designed to be
degradable; or
C)
Mixtures of these nonbiodegradable materials.
2)?
Tests for nonbiodegradable sorbents.
A)
The sorbent material is determined to be nonbiodegradable under ASTM
Method G21-70 (1984a) (Standard Practice for Determining Resistance of Synthetic
Polymer Materials to Fungi), incorporated by reference in 35 Ill. Adm. Code
720.111(a);
B)
The sorbent material is determined to be nonbiodegradable under ASTM
Method G22-76 (1984b) (Standard Practice for Determining Resistance of Plastics
to Bacteria), incorporated by reference in 35 Ill. Adm. Code 720.111(a); or
C)
The sorbent material is determined to be non-biodegradable under OECD
Guideline for Testing of Chemicals, Method 301E (CO2 Evolution (Modified Sturm
Test)), incorporated by reference in 35 Ill. Adm. Code 720.111(a).
f)?
The placement of any liquid that is not a hazardous waste in a landfill is
prohibited.
?
(See 35 Ill. Adm. Code 729.311.)
(Source: Amended at 32 Ill. Reg.
, effective
SUBPART Q: CHEMICAL, PHYSICAL, AND BIOLOGICAL TREATMENT
Section 725.505?
Special Requirements for Ignitable or Reactive Wastes
Ignitable or reactive waste must not be placed in a treatment process or
equipment unless either of the following conditions exists:
a)?
The waste is treated, rendered, or mixed before or immediately after
placement in the treatment process or equipment so that both of the following
conditions are fulfilled:
1)
The resulting waste, mixture, or dissolution of material no longer meets
the definition of ignitable or reactive waste under &&et--i-en-35 Ill. Adm. Code
721.121 or 721.123, and
2)
Section 725.117(b) is complied with; or
b)?
The waste is treated in such a way that it is protected from any material
or conditions that may cause the waste to ignite or react.
(Source: Amended at 32 Ill. Reg.
?--, effective ?
SUBPART W: DRIP PADS
Section 725.541
?
Assessment of Existing Drip Pad Integrity
a)
For each existing drip pad, the owner or operator must evaluate the drip
pad and determine that it meets all of the requirements of this Subpart W,
except the requirements for liners and leak detection systems of Section
725.543(b). No later than June 6, 1991, the owner or operator must obtain and
keep on file at the facility a written assessment of the drip pad, reviewed and
certified by?
?
, a qualified -
?
asional engineer
Professional Engineer that attests to the results of the evaluation. The
assessment must be reviewed, updated, and re-certified annually until all
upgrades, repairs, or modifications necessary to achieve compliance with all of
the standards of Section 725.543 are complete. The evaluation must document the
extent to which the drip pad meets each of the design and operating standards of
Section 725.543, except the standards for liners and leak detection systems
specified in Section 725.543(b).
b)
The owner or operator must develop a written plan for upgrading, repairing
and modifying the drip pad to meet the requirements of Section 725.543(b) and
submit the plan to the Agency no later than two years before the date that all
repairs, upgrades, and modifications will be complete. This written plan must
describe all changes to be made to the drip pad in sufficient detail to document
compliance with all the requirements of Section 725.543. The plan must be
reviewed and certified by
? ??
a qualified, registered professional
eng-i-nee-r Professional Engineer.
be completed in accordance with the following:
1)
For existing drip pads of known and documentable age, all upgrades,
pad has reached 15 y ars of age, whichever comes later.
2)
1999, but, if the age of thc facility is gr ater than seven y ars, all upgrades,
y rs of age or by Junc 6, 1993, whichever comes later.
The owner or operator may petition thc Doard for an extension of the
I. •
specified in Subpart D of 35 Ill. Adm. Code 104.
D)?
The Board will grant the petition for extension if it finds the following:
The drip pad meets all of the requirements of Section 725.543, except
ificd in Section 725.543(b); and
ii)?
That it will continue to adequately protect human health and the
c)
Upon completion of all repairs and modifications, the owner or operator
must submit to the Agency, the as-built drawings for the drip pad, together with
a certification by an indepekndent, a qualified,
Professional Engineer attesting that the drip pad conforms to the drawings.
d)
If the drip pad is found to be leaking or unfit for use, the owner or
operator must comply with the provisions of Section 725.543(m) or close the drip
pad in accordance with Section 725.545.
(Source: Amended at 32 Ill. Reg.
—, effective
?
Section 725.543
?
Design and Operating Requirements
a)?
Drip pads must fulfill the following requirements:
1)
Not It must not be constructed of earthen materials, wood, or asphalt,
unless the asphalt is structurally supported;
2)
De It must be sloped to free-drain to the associated collection system
treated wood drippage, rain, other waters, or solutions of drippage and water or
other wastes;
3)
Have It must have a curb or berm around the perimeter;
4)
In addition, the drip pad must fulfill the following requirements:
A)
Have It must have a hydraulic conductivity of less than or equal to 1 -?-x
10-7 centimeters per second, e.g., existing concrete drip pads must be sealed,
coated, or covered with a surface material with a hydraulic conductivity of less
than or equal to 1
?,x
10-7 centimeters per second such that the entire surface
where drippage occurs or may run across is capable of containing such drippage
and mixtures of drippage and precipitation, materials, or other wastes while
being routed to an associated collection system. This surface material must be
maintained free of cracks and gaps that could adversely affect its hydraulic
conductivity, and the material must be chemically compatible with the
preservatives that contact the drip pad. The requirements of this provision
apply only to the existing drip pads and those drip pads for which the owner or
operator elects to comply with Section 725.542(a) 725.542(b) instead of Section
725.542(b) 725.542(a).
B) The owner or operator must obtain and keep on file at the facility a
written assessment of the drip pad, reviewed and certified by?
. * . * - *-- a
qualified?
*--?Professional Engineer that attests to
the results of the evaluation. The assessment must be reviewed, updated, and
recertified annually. The evaluation must document the extent to which the drip
pad meets the design and operating standards of this Section, except for in
subsection (b) of this Section.
5)?
Bc It must be of sufficient structural strength and thickness to prevent
failure due to physical contact, climatic conditions, the stress of
installation, and the stress of daily operations, e.g., variable and moving
loads such as vehicle traffic, movement of wood, etc.
BOARD NOTE: In judging the structural integrity requirement of this subsection
(a), the Agency should generally consider applicable standards established by
professional organizations generally recognized by the industry, including ACI
318-83 (Building Code Requirements for Reinforced Concrete) or ASTM C 94 90,90
(Standard Specification for Ready-Mixed Concrete), incorporated by reference in
35 Ill. Adm. Code 720.111(a).
b)?
If an owner or operator elects to comply with Section 725.542(b)
725.542(a) instead of Section 725.542(a) 725.542(b), the drip pad must have the
following features:
1)
?
A synthetic liner installed below the drip pad that is designed,
constructed, and installed to prevent leakage from the drip pad into the
adjacent subsurface soil or groundwater or surface water at any time during the
active life (including the closure period) of the drip pad. The liner must be
constructed of materials that will prevent waste from being absorbed into the
liner and to prevent releases into the adjacent subsurface soil or groundwater
or surface water during the active life of the facility. The liner must be
constructed as follows:
A)
Constructed It must be constructed of materials that have appropriate
chemical properties and sufficient strength and thickness to prevent failure due
to pressure gradients (including static head and external hydrogeologic forces),
physical contact with the waste or drip pad leakage to which they are exposed,
climatic conditions, the stress of installation, and the stress of daily
operation (including stresses from vehicular traffic on the drip pad);
B)
Placed It must be placed upon a foundation or base capable of providing
support to the liner and resistance to pressure gradients above and below the
liner to prevent failure of the liner due to settlement, compression, or uplift;
and
C)?
Installed It must be installed to cover all surrounding earth that could
come in contact with the waste or leakage; and
2)?
A leakage detection system immediately above the liner that is designed,
constructed, maintained, and operated to detect leakage from the drip pad. The
leakage detection system must be constructed as follows:
A)?
Constructed It must be constructed of materials that fulfill the following
requirements:
i)
They are chemically resistant to the waste managed in the drip pad and the
leakage that might be generated; and
ii)
They are of sufficient strength and thickness to prevent collapse under
the pressures exerted by overlaying materials and by any equipment used at the
drip pad; and
B)?
De-s-Leined–It must be designed and operated to function without clogging
through the scheduled closure of the drip pad; and
C)?
De-s-i-gned–It must be designed so that it will detect the failure of the
drip pad or the presence of a release of hazardous waste or accumulated liquid
at the earliest practicable time.
3)?
A leakage collection system immediately above the liner that is designed,
constructed, maintained, and operated to collect leakage from the drip pad such
that it can be removed from below the drip pad. The date, time, and quantity of
any leakage collected in this system and removed must be documented in the
operating log.
c)
Drip pads must be maintained such that they remain free of cracks, gaps,
corrosion, or other deterioration that could cause hazardous waste to be
released from the drip pad.
BOARD NOTE: See subsection (m) of this Section for remedial action
required if deterioration or leakage is detected.
d)
The drip pad and associated collection system must be designed and
operated to convey, drain and collect liquid resulting from drippage or
precipitation in order to prevent run-off.
e)
Unless the drip pad is protected by a structure, as described in Section
725.540(b), the owner or operator must design, construct, operate, and maintain
a run-on control system capable of preventing flow onto the drip pad during peak
discharge from at least a 24-hour, 25-year storm, unless the system has
sufficient excess capacity to contain any run-on that might enter the system.
f) Unless the drip pad is protected by a structure or cover, as described in
Section 725.540(b), the owner or operator must design, construct, operate, and
maintain a run-off management system to collect and control at least the water
volume resulting from a 24-hour, 25-year storm.
g)
The drip pad must be evaluated to determine that it meets the requirements
of subsections (a) through (f) of this Section. The owner or operator must
obtain a statement from an indcpcndcnt, a qualified,
eng-i-ne&r—Professional Engineer certifying that the drip pad design meets the
requirements of this Section.
h)
Drippage and accumulated precipitation must be removed from the associated
collection system as necessary to prevent overflow onto the drip pad.
i) The drip pad surface must be cleaned thoroughly at least once every seven
days using an appropriate and effective cleaning technique, including but not
limited to, rinsing, washing with detergents or other appropriate solvents, or
steam cleaning, with residues being properly managed, such that accumulated
residues of hazardous waste or other materials are removed as to allow weekly
inspections of the entire drip pad surface without interference or hindrance
from accumulated residues of hazardous waste or other materials on the drip pad.
The owner or operator must document, in the facility's operating log, the date
and time of each cleaning and the cleaning procedure.
j)
Drip pads must be operated and maintained in a manner to minimize tracking
of hazardous waste or hazardous waste constituents off the drip pad as a result
of activities by personnel or equipment.
k)
After being removed from the treatment vessel, treated wood from pressure
and non-pressure processes must be held on the drip pad until drippage has
ceased. The owner or operator must maintain records sufficient to document that
all treated wood is held on the pad, in accordance with this Section, following
treatment.
1)?
Collection and holding units associated with run-on and run-off control
systems must be emptied or otherwise managed as soon as possible after storms to
maintain design capacity of the system.
m)?
Throughout the active life of the drip pad, if the owner or operator
detects a condition that may have caused or has caused a release of hazardous
waste, the condition must be repaired within a reasonably prompt period of time
following discovery, in accordance with the following procedures:
1)?
Upon detection of a condition that may have caused or has caused a release
of hazardous waste (e.g., upon detection of leakage in the leak detection
system), the owner or operator must perform the following acts:
A)
Entcr It must enter a record of the discovery in the facility operating
log;
B) Immcdiatcly It must immediately remove from service the portion of the
drip pad affected by the condition;
C)
D&'eenii-ine—It must determine what steps must be taken to repair the drip
pad, clean up any leakage from below the drip pad, and establish a schedule for
accomplishing the clean up and repairs;
D)
Within 24 hours after discovery of the condition, the owner or operator
must notify the Agency of the condition and, within 10 working days, provide
written notice to the Agency with a description of the steps that will be taken
to repair the drip pad and clean up any leakage, and the schedule for
accomplishing this work.
-
2)
The Agency must: review the information submitted; make a determination
regarding whether the pad must be removed from service completely or partially
until repairs and clean up are complete; and notify the owner or operator of the
determination and the underlying rationale in writing.
3)
Upon completing all repairs and clean up, the owner or operator must
notify the Agency in writing and provide a certification, signed by an
independent, qualified, registered professional engineer, that the repairs and
clean up have been completed according to the written plan submitted in
accordance with subsection (m)(1)(D) of this Section.
n)?
The owner or operator must maintain, as part of the facility operating
log, documentation of past operating and waste handling practices. This must
include identification of preservative formulations used in the past, a
description of drippage management practices and a description of treated wood
storage and handling practices.
(Source: Amended at 32 Ill. Reg.
?
?
, effective ?
Section 725.544
?
Inspections
a)
During construction or installation, liners and cover systems (e.g.,
membranes, sheets, or coatings) must be inspected for uniformity, damage, and
imperfections (e.g., holes, cracks, thin spots, or foreign materials).
Immediately after construction or installation, liners must be inspected and
certified as meeting the requirements of Section 725.543 by an independent,
?
a
qualified, rcgictcrcd professional engineer Professional Engineer. The This
certification must be maintained at the facility as part of the facility
operating record. After installation, liners and covers must be inspected to
ensure tight seams and joints and the absence of tears, punctures, or blisters.
b)
While a drip pad is in operation, it must be inspected weekly and after
storms to detect evidence of any of the following:
1)
Deterioration, malfunctions, or improper operation of run-on and run-off
control systems;
2)
The presence of leakage in and proper functioning of leak detection
system.
3)
Deterioration or cracking of the drip pad surface.
BOARD NOTE: See Section 725.543(m) for remedial action required if
deterioration or leakage is detected.
(Source: Amended at 32 Ill. Reg.?—, effective ?
SUBPART BB: AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS
Section 725.961
?
Percent Leakage Alternative for Valves
a)?
An owner or operator subject to the requirements of Section 725.957 may
elect to have all valves within a hazardous waste management unit comply with an
alternative standard that allows no greater than two percent of the valves to
leak.
b)
The following requirements must be met if an owner or operator decides to
comply with the alternative standard of allowing two percent of valves to leak:
A performance test
as specified in subsection (c) of this Section must be conducted initially upon
designation, annually and other times as specified by the Agency pursuant to
Section 725.950(e); and
322) If a valve leak is detected it must be repaired in accordance with Section
725.957(d) and (e).
c)
Performance tests must be conducted in the following manner:
1)
All valves subject to the requirements in Section 725.957 within the
hazardous waste management unit must be monitored within 1 week by the methods
specified in Section 725.963(b);
2)
If an instrument reading of 10,000 ppm or greater is measured, a leak is
detected; and
3)
The leak percentage must be determined by dividing the number of valves
subject to the requirements in Section 725.957 for which leaks are detected by
the total number of valves subject to the requirements in Section 725.957 within
the hazardous waste management unit.
* - -
owncr or operator must notify the Agcncy in writing that the work practicc
standard dcscribcd in Scction 725.957(a) through (c) will be followed.
(Source: Amended at 32 Ill. Reg. ?
, effective
?
Section 725.962
?
Skip Period Alternative for Valves
a)
An owner or operator subject to the requirements of Section 725.957 may
elect for all valves within a hazardous waste management unit to comply with one
of the alternative work practices specified in subsections (b)(2) and (b)(3) of
this Section.
2)?
An owner or operator must notify the Agcncy before implementing one of the
alternative work practices.
b)
Reduced Monitoring.
1)
An owner or operator must comply with the requirements for valves, as
described in Section 725.957, except as described in subsections (b)(2) and
(b)(3) of this Section.
2)
After two consecutive quarterly leak detection periods with the percentage
of valves leaking equal to or less than two percent, an owner or operator may
begin to skip one of the quarterly leak detection periods (i.e., the owner or
operator may monitor for leaks once every six months) for the valves subject to
the requirements in Section 725.957.
3)
After five consecutive quarterly leak detection periods with the
percentage of valves leaking equal to or less than two percent, an owner or
operator may begin to skip three of the quarterly leak detection periods (i.e.,
the owner or operator may monitor for leaks once every year) for the valves
subject to the requirements in Section 725.957.
4)
If the percentage of valves leaking is greater than two percent, the owner
or operator must monitor monthly in compliance with the requirements in Section
725.957, but may again elect to use this Section after meeting the requirements
of Section 725.957(c)(1).
(Source: Amended at 32 Ill. Reg.
—, effective ?
SUBPART CC: AIR EMISSION STANDARDS FOR TANKS, SURFACE IMPOUNDMENTS, AND
CONTAINERS
Section 725.990?
Recordkeeping Requirements
a)
Each owner or operator of a facility subject to the requirements in this
Subpart CC must record and maintain the information specified in subsections (b)
through (j) of this Section, as applicable to the facility. Except for air
emission control equipment design documentation and information required by
subsection (j) of this Section, records required by this Section must be
maintained in the operating record for a minimum of three years. Air emission
control equipment design documentation must be maintained in the operating
record until the air emission control equipment is replaced or is otherwise no
longer in service. Information required by subsections (i) and (j) of this
Section must be maintained in the operating record for as long as the waste
management unit is not using air emission controls specified in Sections 725.985
through 725.988, in accordance with the conditions specified in Section
725.980(d) or (b) (7), respectively.
b)
The owner or operator of a tank using air emission controls in accordance
with the requirements of Section 725.985 must prepare and maintain records for
the tank that include the following information:
1)
?
For each tank using air emission controls in accordance with the
requirements of Section 725.985 of this Subpart CC, the owner or operator must
record the following information:
A)
A tank identification number (or other unique identification description
as selected by the owner or operator); and
B)
A record for each inspection required by Section 725.985 that includes the
following information:
i)
Date inspection was conducted; and
ii) For each defect detected during the inspection, the location of the
defect, a description of the defect, the date of detection, and corrective
action taken to repair the defect. In the event that repair of the defect is
delayed in accordance with the provisions of Section 725.985, the owner or
operator must also record the reason for the delay and the date that completion
of repair of the defect is expected; and
2)?
In addition to the information required by subsection (b)(1) of this
Section, the owner or operator must record the following information, as
applicable to the tank:
A)?
The owner or operator using a fixed roof to comply with the Tank Level 1
control requirements specified in Section 725.985(c) must prepare and maintain
records for each determination for the maximum organic vapor pressure of the
hazardous waste in the tank performed in accordance with the requirements of
Section 725.985(c). The records must include the date and time the samples were
collected, the analysis method used, and the analysis results;
B) The owner or operator using an internal floating roof to comply with the
Tank Level 2 control requirements specified in Section 725.985(e) must prepare
and maintain documentation describing the floating roof design;
C)
?
Owners and operators using an external floating roof to comply with the
Tank Level 2 control requirements specified in Section 725.985(f) must prepare
and maintain the following records:
i)
Documentation describing the floating roof design and the dimensions of
the tank; and
ii) Records for each seal gap inspection required by Section 725.985(f)(3)
describing the results of the seal gap measurements. The records must include
the date that the measurements were performed, the raw data obtained for the
measurements, and the calculations of the total gap surface area. In the event
that the seal gap measurements do not conform to the specifications in Section
725.985(f)(1), the records must include a description of the repairs that were
made, the date the repairs were made, and the date the tank was emptied, if
necessary.
D) Each owner or operator using an enclosure to comply with the Tank Level 2
control requirements specified in Section 725.985(i) must prepare and maintain
the following records:
i)
Records for the most recent set of calculations and measurements performed
by the owner or operator to verify that the enclosure meets the criteria of a
permanent total enclosure as specified in "Procedure T--Criteria for and
Verification of a Permanent or Temporary Total Enclosure" under appendix B to 40
CFR 52.741 (VOM Measurement Techniques for Capture Efficiency), incorporated by
reference in 35 Ill. Adm. Code 720.111(b); and
ii)
Records required for the closed-vent system and control device in
accordance with the requirements of subsection (e) of this Section.
c) The owner or operator of a surface impoundment using air emission controls
in accordance with the requirements of Section 725.986 must prepare and maintain
records for the surface impoundment that include the following information:
1)
A surface impoundment identification number (or other unique
identification description as selected by the owner or operator);
2)
Documentation describing the floating membrane cover or cover design, as
applicable to the surface impoundment, that includes information prepared by the
owner or operator or provided by the cover manufacturer or vendor describing the
cover design, and certification by the owner or operator that the cover meets
the specifications listed in Section 725.986(c);
3)?
A record for each inspection required by Section 725.986 that includes the
following information:
A)
Date inspection was conducted; and
B)
For each defect detected during the inspection the following information:
the location of the defect, a description of the defect, the date of detection,
and corrective action taken to repair the defect. In the event that repair of
the defect is delayed in accordance with the provisions of Section 725.986(f),
the owner or operator must also record the reason for the delay and the date
that completion of repair of the defect is expected; and
4)?
For a surface impoundment equipped with a cover and vented through a
closed-vent system to a control device, the owner or operator must prepare and
maintain the records specified in subsection (e) of this Section.
d)?
The owner or operator of containers using Container Level 3 air emission
controls in accordance with the requirements of Section 725.987 must prepare and
maintain records that include the following information:
1)
Records for the most recent set of calculations and measurements performed
by the owner or operator to verify that the enclosure meets the criteria of a
permanent total enclosure as specified in "Procedure T - Criteria for and
Verification of a Permanent or Temporary Total Enclosure" under appendix B to 40
CFR 52.741 (VOM Measurement Techniques for Capture Efficiency); and
2)
Records required for the closed-vent system and control device in
accordance with the requirements of subsection (e) of this Section.
e)
?
The owner or operator using a closed-vent system and control device in
accordance with the requirements of Section 725.988 must prepare and maintain
records that include the following information:
1)?
Documentation for the closed-vent system and control device that includes
the following:
A)
Certification that is signed and dated by the owner or operator stating
that the control device is designed to operate at the performance level
documented by a design analysis as specified in subsection (e)(1)(B) of this
Section or by performance tests as specified in subsection (e)(1)(C) of this
Section when the tank, surface impoundment, or container is or would be
operating at capacity or the highest level reasonably expected to occur;
B)
If a design analysis is used, then design documentation, as specified in
Section 725.935(b)(4). The documentation must include information prepared by
the owner or operator or provided by the control device manufacturer or vendor
that describes the control device design in accordance with Section
725.935(b)(4)(C) and certification by the owner or operator that the control
equipment meets the applicable specifications;
C)
If performance tests are used, then a performance test plan as specified
in Section 725.935(b) (3) and all test results;
M
D)?
Information as required by Section 725.935(c)(1) and (c)(2), as
applicable;
E)?
An owner or operator must record, on a semiannual basis, the following
information for those planned routine maintenance operations that would require
the control device not to meet the requirements of Section 725.988(c)(1)(A),
(c) (1) (B) , or (c) (1) (C) , as applicable:
i)
A description of the planned routine maintenance that is anticipated to be
performed for the control device during the next six-month period. This
description must include the type of maintenance necessary, planned frequency of
maintenance, and lengths of maintenance periods; and
ii)
A description of the planned routine maintenance that was performed for
the control device during the previous six-month period. This description must
include the type of maintenance performed and the total number of hours during
those six months that the control device did not meet the requirements of
Section 725.988(c)(1)(A), (c)(1)(B), or (c)(1)(C), as applicable, due to planned
routine maintenance;
F)
?
An owner or operator must record the following information for those
unexpected control device system malfunctions that would require the control
device not to meet the requirements of Section 725.988(c)(1)(A), (c)(1)(B), or
(c)(1)(C), as applicable:
i)
The occurrence and duration of each malfunction of the control device
system;
ii)
The duration of each period during a malfunction when gases, vapors, or
fumes are vented from the waste management unit through the closed-vent system
to the control device while the control device is not properly functioning; and
iii)
Actions taken during periods of malfunction to restore a malfunctioning
control device to its normal or usual manner of operation; and
G)?
Records of the management of carbon removed from a carbon adsorption
system conducted in accordance with Section 725.988(c)(3)(B).
f)?
The owner or operator of a tank, surface impoundment, or container
exempted from standards in accordance with the provisions of Section 725.983(c)
must prepare and maintain the following records, as applicable:
1)
For tanks, surface impoundments, or containers exempted under the
hazardous waste organic concentration conditions specified in Section 725.983
(c)(1) or 725.984 (c) (2) (A) 725.983(c)(2)(A) through (c)(2)(F), the owner or
operator must record the information used for each waste determination (e.g.,
test results, measurements, calculations, and other documentation) in the
facility operating log. If analysis results for waste samples are used for the
waste determination, then the owner or operator must record the date, time, and
location that each waste sample is collected in accordance with the applicable
requirements of Section 725.984; and
2)
For tanks, surface impoundments, or containers exempted under the
provisions of Section 725.983(c)(2)(G) or (c)(2)(H), the owner or operator must
record the identification number for the incinerator, boiler, or industrial
furnace in which the hazardous waste is treated.
g)
An owner or operator designating a cover as "unsafe to inspect and
monitor" pursuant to Section 725.985(1) must record in a log that is kept in the
facility operating record the following information: the identification numbers
for waste management units with covers that are designated as "unsafe to inspect
and monitor," the explanation for each cover stating why the cover is unsafe to
inspect and monitor, and the plan and schedule for inspecting and monitoring
each cover.
h)
The owner or operator of a facility that is subject to this Subpart CC and
to the control device standards in federal subpart VV of 40 CFR 60 (Standards of
Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals
Manufacturing Industry), or subpart V of 40 CFR 61 (National Emission Standard
for Equipment Leaks (Fugitive Emission Sources), each incorporated by reference
in 35 Ill. Adm. Code 270.111, may elect to demonstrate compliance with the
applicable Sections of this Subpart by documentation either pursuant to this
Subpart CC, or pursuant to the provisions of subpart VV of 40 CFR 60 or subpart
V of 40 CFR 61, to the extent that the documentation required by 40 CFR 60 or 61
duplicates the documentation required by this Section.
i)
For each tank or container not using air emission controls specified in
Sections 725.985 through 725.988 in accordance with the conditions specified in
Section 725.980(d), the owner or operator must record and maintain the following
information:
1)?
A list of the individual organic peroxide compounds manufactured at the
facility that meet the conditions specified in Section 725.980(d)(1);
2)?
A description of how the hazardous waste containing the organic peroxide
compounds identified pursuant to subsection (i) (1) are managed at the facility
in tanks and containers. This description must include the following
information:
A)
For the tanks used at the facility to manage this hazardous waste,
sufficient information must be provided to describe each tank: a facility
identification number for the tank, the purpose and placement of this tank in
the management train of this hazardous waste, and the procedures used to
ultimately dispose of the hazardous waste managed in the tanks; and
B)
For containers used at the facility to manage this hazardous waste,
sufficient information must be provided to describe the following for each
container: a facility identification number for the container or group of
containers; the purpose and placement of this container or group of containers
in the management train of this hazardous waste; and the procedures used to
ultimately dispose of the hazardous waste handled in the containers; and
3)?
An explanation of why managing the hazardous waste containing the organic
peroxide compounds identified pursuant to subsection (i)(1) of this Section in
the tanks or containers identified pursuant to subsection (i)(2) of this Section
would create an undue safety hazard if the air emission controls specified in
Sections 725.985 through 725.988 were installed and operated on these waste
management units. This explanation must include the following information:
A)?
For tanks used at the facility to manage this hazardous waste, sufficient
information must be provided to explain: how use of the required air emission
controls on the tanks would affect the tank design features and facility
operating procedures currently used to prevent an undue safety hazard during the
management of this hazardous waste in the tanks; and why installation of safety
devices on the required air emission controls, as allowed under this Subpart CC,
would not address those situations in which evacuation of tanks equipped with
these air emission controls is necessary and consistent with good engineering
and safety practices for handling organic peroxides; and
B)?
For containers used at the facility to manage this hazardous waste,
sufficient information must be provided to explain: how use of the required air
emission controls on the containers would affect the container design features
and handling procedures currently used to prevent an undue safety hazard during
management of this hazardous waste in the containers; and why installation of
safety devices on the required air emission controls, as allowed under this
Subpart CC, would not address those situations in which evacuation of containers
equipped with these air emission controls is necessary and consistent with good
engineering and safety practices for handling organic peroxides.
j)
?
For each hazardous waste management unit not using air emission controls
specified in Sections 725.985 through 725.988 in accordance with the provisions
of Section 725.980(b)(7), the owner and operator must record and maintain the
following information:
1)
The certification that the waste management unit is equipped with and
operating air emission controls in accordance with the requirements of an
applicable federal Clean Air Act regulation codified under 40 CFR 60, 61, or 63;
and
2)
An identification of the specific federal requirements codified under 40
CFR 60, 61, or 63 with which the waste management unit is in compliance.
(Source: Amended at 32 Ill. Reg.
SUBPART DD: CONTAINMENT BUILDINGS
Section 725.1100
?
Applicability
—, effective ?
The requirements of this Subpart DD apply to owners or operators that store or
treat hazardous waste in units designed and operated under Section 725.1101.
o
_ _?
.1
?
?
.
The owner or
operator is not subject to the definition of land disposal in 35 Ill. Adm. Code
728.102 provided that the following is true of the unit:
a)
?
It is a completely enclosed, self-supporting structure that is designed
and constructed of manmade materials of sufficient strength and thickness to
support themselves, the waste contents, and any personnel and heavy equipment
that operate within the unit, and to prevent failure due to any of the following
causes:
1)
Pressure gradients;
2)
Settlement, compression, or uplift;
3)
Physical contact with the hazardous wastes to which they are exposed;
4)
Climatic conditions; or
5)
The stresses of daily operation including the movement of heavy equipment
within the unit and contact of such equipment with containment walls;
b)?
It has a primary barrier that is designed to be sufficiently durable to
withstand the movement of personnel, wastes, and handling equipment within the
unit;
c)?
If used to manage liquids, the unit has the following design features:
1)
A primary barrier designed and constructed of materials to prevent
migration of hazardous constituents into the barrier;
2)
A liquid collection system designed and constructed of materials to
minimize the accumulation of liquid on the primary barrier; and
3)
A secondary containment system designed and constructed of materials to
prevent migration of hazardous constituents into the barrier, with a leak
detection and liquid collection system capable of detecting, collecting, and
removing leaks of hazardous constituents at the earliest possible time, unless
the unit has been granted a variance from the secondary containment system
requirements under subsection 725.1101(b)(4);
d)?
It has controls sufficient to permit prevent fugitive dust emissions to
meet the no visible emission standard in subsection 725.1101(c)(1)(D); and
e)?
It is designed and operated to ensure containment and prevent the tracking
of materials from the unit by personnel or equipment.
(Source: Amended at 32 Ill. Reg.
—, effective
Section 725.1101
?
Design and Operating Standards
a)?
All containment buildings must comply with the following design and
operating standards:
1)
The containment building must be completely enclosed with a floor, walls,
and a roof to prevent exposure to the elements (e.g. precipitation, wind, run
on) and to assure containment of managed wastes;
2)
The floor and containment walls of the unit, including the secondary
containment system if required under subsection (b) of this Section, must be
designed and constructed of materials of sufficient strength and thickness to
support themselves, the waste contents, and any personnel and heavy equipment
that operate within the unit, and to prevent failure due to pressure gradients,
settlement, compression, or uplift, physical contact with the hazardous wastes
to which they are exposed; climatic conditions; and the stresses of daily
operation, including the movement of heavy equipment within the unit and contact
of such equipment with containment walls. The unit must be designed so that it
has sufficient structural strength to prevent collapse or other failure. All
surfaces to be in contact with hazardous wastes must be chemically compatible
with those wastes. The containment building must meet the structural integrity
requirements established by professional organizations generally recognized by
the industry such as the American Concrete Institute 4-1ACI]-1 and the American
Society of Testing Materials 41ASTM-1. If appropriate to the nature of the
waste management operation to take place in the unit, an exception to the
structural strength requirement may be made for light-weight doors and windows
that meet these criteria:
A)?
They provide an effective barrier against fugitive dust emissions under
subsection (c)(1)(D) of this Section; and
B)?
The unit is designed and operated in a fashion that assures that wastes
will not actually come in contact with these openings;
3)
Incompatible hazardous wastes or treatment reagents must not be placed in
the unit or its secondary containment system if they could cause the unit or
secondary containment system to leak, corrode, or otherwise fail; and
4)
A containment building must have a primary barrier designed to withstand
the movement of personnel, waste, and handling equipment in the unit during the
operating life of the unit and appropriate for the physical and chemical
characteristics of the waste to be managed.
b) For a containment building used to manage hazardous wastes containing free
liquids or treated with free liquids (the presence of which is determined by the
paint filter test, a visual examination, or other appropriate means), the owner
or operator must include the following design features:
1)?
A primary barrier designed and constructed of materials to prevent the
migration of hazardous constituents into the barrier (e.g., a geomembrane
covered by a concrete wear surface).
2)?
A liquid collection and removal system to minimize the accumulation of
liquid on the primary barrier of the containment building:
A)
The primary barrier must be sloped to drain liquids to the associated
collection system; and
B) Liquids and waste must be collected and removed to minimize hydraulic head
on the containment system at the earliest practicable time.
3)
?
A secondary containment system including a secondary barrier designed and
constructed to prevent migration of hazardous constituents into the barrier, and
a leak detection system that is capable of detecting failure of the primary
barrier and collecting accumulated hazardous wastes and liquids at the earliest
practicable time.
A)?
The requirements of the leak detection component of the secondary
containment system are satisfied by installation of a system that is, at a
minimum, as follows:
i) It is constructed with a bottom slope of 1 percent or more; and
ii)
It is constructed of a granular drainage material with a hydraulic
conductivity of 1?
10-2 cm/sec or more and a thickness of 12 inches (30.5 cm)
or more, or constructed of synthetic or geonet drainage materials with a
transmissivity of 3 -
,?-x 10-5 m2/sec or more.
B)
?
If treatment is to be conducted in the building, an area in which such
treatment will be conducted must be designed to prevent the release of liquids,
wet materials, or liquid aerosols to other portions of the building.
C)?
The secondary containment system must be constructed of materials that are
chemically resistant to the waste and liquids managed in the containment
building and of sufficient strength and thickness to prevent collapse under the
pressure exerted by overlaying materials and by any equipment used in the
containment building. (Containment buildings can serve as secondary containment
systems for tanks placed within the building under certain conditions. A
containment building can serve as an external liner system for a tank, provided
it meets the requirements of Section 725.293(d)(1) 725.2-9-3(-e)(1). In addition,
the containment building must meet the requirements of subsections 725.293(b)
and (c) to be an acceptable secondary containment system for a tank.)
4) For existing units other than 90-day generator units, USEPA may delay the
secondary containment requirement for up to two years, based on a demonstration
by the owner or operator that the unit substantially meets the standards of this
Subpart DD. In making this demonstration, the owner or operator must do each of
the following:
A)
Provide written notice to USEPA of their request by Nov.November 16, 1992.
This notification must describe the unit and its operating practices with
specific reference to the performance of existing systems, and specific plans
for retrofitting the unit with secondary containment;
B)
Respond to any comments from USEPA on these plans within 30 days; and
C)
Fulfill the terms of the revised plans, if such plans are approved by
USEPA.
c)?
Owners or operators of all containment buildings must do each of the
following:
1)?
Ucc It must use controls and practice to ensure containment of the
hazardous waste within the unit, and at a minimum do each of the following:
A) Maintain It must maintain the primary barrier to be free of significant
cracks, gaps, corrosion, or other deterioration that could cause hazardous waste
to be released from the primary barrier;
B)
Maintain It must maintain the level of the stored or treated hazardous
waste within the containment walls of the unit so that the height of any
containment wall is not exceeded;
C)
Takc It must take measures to prevent the tracking of hazardous waste out
of the unit by personnel or by equipment used in handling the waste. An area
must be designated to decontaminate equipment and any rinsate must be collected
and properly managed; and
D) Takc It must take measures to control fugitive dust emissions such that
any openings (doors, windows, vents, cracks, etc.) exhibit no visible emissions
(see Method 22 (Visual Determination of Fugitive Emissions from Material Sources
and Smoke Emissions from Flares) in appendix A to 40 CFR 60 (Test Methods),
incorporated by reference in 35 Ill. Adm. Code 720.111(b)1. In addition, all
associated particulate collection devices (e.g., fabric filter, electrostatic
precipitator) must be operated and maintained with sound air pollution control
practices (see 40 CFR 60 for guidance). This state of no visible emissions must
be maintained effectively at all times during routine operating and maintenance
conditions, including when vehicles and personnel are entering and exiting the
unit;
BOARD NOTE: At 40 CFR 264.1101(c)(1)(iv) (2005+, USEPA cites "40 CFR part 60,
subpart 292." At 57 Fed. Reg. 37217 (Aug.Auqust 18, 1992), USEPA repeats this
citation in the preamble discussion of adoption of the rules. No such provision
exists in the Code of Federal Regulations. Whilc ccction 40 CFR 60.292 of the
pr viol n is limited in its application to glass melting furnaces. The Board
has chosen to use the general citation: "40 CFR 60."
2)?
Obtain It must obtain and keep on-site a certification by a qualified
registered professional engineer (PE) Professional Engineer that the containment
building design meets the requirements of subsections (a) through (c) of this
Section. For units placed into operation prior to February 10, 1993, this
later than GO days aftcr the date of initial operation of the unit. After
February 10, 1993, PE certification will be required prior to operation of the
unit,
3)?
Throughout the active life of the containment building, if the owner or
operator detects a condition that could lead to or has caused a release of
hazardous waste, it must repair the condition promptly. In addition, however,
, in accordance with the following
procedures:
A)?
Upon detection of a condition that has caused to a release of hazardous
wastes (e.g., upon detection of leakage from the primary barrier) the owner or
operator must do the following:
i) Enter a record of the discovery in the facility operating record;
ii) Immediately remove the portion of the containment building affected by the
condition from service;
iii) Determine what steps must be taken to repair the containment building,
remove any leakage from the secondary collection system, and establish a
schedule for accomplishing the cleanup and repairs; and
iv)
Within seven days after the discovery of the condition, notify the Agency
in writing of the condition, and within 14 working days, provide a written
notice to the Agency with a description of the steps taken to repair the
containment building, and the schedule for accomplishing the work;
B)?
The Agency must review the information submitted, make a determination
regarding whether the containment building must be removed from service
completely or partially until repairs and cleanup are complete, and notify the
owner or operator of the determination and the underlying rationale in writing;
and
C)?
Upon completing all repairs and cleanup the owner and operator must notify
the Agency in writing and provide a verification, signed by a qualified,
registered professional engineer, that the repairs and cleanup have been
completed according to the written plan submitted in accordance with subsection
(c)(3)(A)(iv) of this Section; and
4)?
T-n-spe—It must inspect and record in the facility's operating recordr at
least once every seven days, except for the owner or operator of a Performance
Track member facility, which must inspect the record at least once each month
after approval of the Agency, data gathered from monitoring–ament and leak
detection equipment as well as the containment building and the area immediately
surrounding the containment building to detect signs of releases of hazardous
waste. To apply for a reduced inspection frequency, the owner or operator of a
5i
C?
fi
Performance Track member facility must follow the procedures described in
Section 725.115(b)(5).
d)?
For a containment buildings building that containcontains areas both with
and without secondary containment, the owner or operator must do the following:
1)
Design and operate each area in accordance with the requirements
enumerated in subsections (a) through (c) of this Section;
2)
Take measures to prevent the release of liquids or wet materials into
areas without secondary containment; and
3) Maintain in the facility's operating log a written description of the
operating procedures used to maintain the integrity of areas without secondary
containment.
e)
?
Notwithstanding any other provision of this Subpart DD, the Agency must,
in writing, _?
allow the use of alternatives to the requirements for
secondary containment for a permitted containment building where the Agency has
determined that the facility owner or operator?
has adequately
demonstrated that the only free liquids in the unit are limited amounts of dust
suppression liquids required to meet occupational health and safety
requirements, and where containment of managed wastes and liquids can be assured
without a secondary containment system.
(Source: Amended at 32 Ill. Reg.
?--, effective ?
Section 725.Append-i-xAEPENDIX F
?
Compounds with Henry's Law Constant Less
Than 0.1 Y/X (at 25---L'C)
Compound nameCAS No. Acetaldo1107-89-1Acetamide60-35-52-Acetylaminofluorene53-
96-33-Acety1-5-hydroxypiperidine3-Acetylpiperidine618-42-81-Acety1-2-
thiourea591-08-2Acrylamide79-06-1Acrylic acid79-10-7Adenine73-24-5Adipic
acid124-04-9Adiponitrile111-69-3Alachlor15972-60-8Aldicarb116-06-3Ametryn834-12-
84-Aminobipheny192-67-14-Aminopyridine504-24-5Aniline62-53-3o-Anisidine90-04-
0Anthraquinone84-65-1Atrazine1912-24-9Benzenearsonic acid98-05-5Benzenesulfonic
acid98-11-3Benzidine92-87-5Benzo(a)anthracene56-55-3Benzo(k)fluoranthene207-08-
9Benzoic acid65-85-0Benzo(g,h,i)perylene191-24-2Benzo(a)pyrene50-32-8Benzyl
alcohol100-51-6?-BHC58-89-9Bis(2-ethylhexyl)phthalate117-81-7Bromochloromethyl
acetateBromoxynil (3,5-Dibromo-4-hydroxybenzonitrile)1689-84-5Butyric acid107-
92-6Caprolactam (hexahydro-2H-azepin-2-one)105-60-2Catechol (o-
dihydroxybenzene)120-80-9Cellulose9004-34-6Cell wallChlorhydrin (3-Chloro-1,2-
propanedio1)96-24-2Chloroacetic acid79-11-82-Chloroacetophenone93-76-5p-
Chloroaniline106-47-8p-Chlorobenzophenone134-85-0Chlorobenzilate510-15-6p-
Chloro-m-cresol (6-chloro-m-cresol)59-50-73-Chloro-2,5-diketopyrrolidineChloro-
1,2-ethane dio14-Chloropheno1106-48-9Chlorophenol polymers (2-chlorophenol & 4-
chloropheno1)95-57-8 & 106-48-91-(o-Chlorophenyl)thiourea5344-82-1Chrysene218-
01-9Citric acid77-92-9Creosote8001-58-9m-Creso1108-39-4o-Creso195-48-7p-
Creso1106-44-5Cresol (mixed isomers)1319-77-34-Cumylpheno127576-86Cyanide57-12-
54-Cyanomethyl benzoateDiazinon333-41-5Dibenzo(a,h)anthracene53-70-
3Dibutylphthalate84-74-22,5-Dichloroaniline (N,N1-dichloroaniline)95-82-92,6-
Dichlorobenzonitrile1194-65-62,6-Dichloro-4-nitroaniline99-30-92,5-
Dichloropheno1333-41-53,4-Dichlorotetrahydrofuran3511-19Dichlorvos (DDVP)62-73-
7Diethanolamine111-42-2N,N-Diethylaniline91-66-7Diethylene glyco1111-46-
6Diethylene glycol dimethyl ether (dimethyl Carbito1)111-96-6Diethylene glycol
monobutyl ether (butyl Carbito1)112-34-5Diethylene glycol monoethyl ether
•IS
acetate (Carbitol acetate)112-15-2Diethylene glycol monoethyl ether ?
(Carbitol
Cellosolve)111-90-0Diethylene glycol monomethyl ether (methyl Carbito1)111-77-
3N,NI-Diethylhydrazine1615-80-1Diethyl(4-methylumbelliferyl)thionophosphate299-
45-6Diethylphosphorothioate126-75-0N,NI-Diethylpropionamide15299-99-
7Dimethoate60-51-52,3-Dimethoxystrychnidin-10-one357-57-34-
Dimethylaminoazobenzene60-11-77,12-Dimethylbenz(a)anthracene57-97-63,3-
Dimethylbenzidine119-93-7Dimethylcarbamoyl chloride79-44-7Dimethyldisulfide624-
92-0Dimethylformamide68-12-21,1-Dimethylhydrazine57-14-7Dimethylphthalate131-11-
3Dimethylsulfone67-71-0Dimethylsulfoxide67-68-54,6-Dinitro-o-creso1534-52-11,2-
Diphenylhydrazine122-66-7Dipropylene glycol (1,11-oxydi-2-propano1)110-98-
5Endrin72-20-8Epinephrine51-43-4mono-Ethanolamine141-43-5Ethyl carbamate
(urethane)51-79-6Ethylene glyco1107-21-1Ethylene glycol monobutyl ether (butyl
Cellosolve)111-76-2Ethylene glycol monoethyl ether (Cellosolve)110-80-5Ethylene
glycol monoethyl ether acetate (Cellosolve acetate)111-15-9Ethylene glycol
monomethyl ether (methyl Cellosolve)109-86-4Ethylene glycol monophenyl ether
(phenyl Cellosolve)122-99-6Ethylene glycol monopropyl ether (propyl
Cellosolve)2807-30-9Ethylene thiourea (2-imidazolidinethione)9-64 5796-45-74-
Ethylmorpholine100-74-33-Ethylpheno1620-17-7Fluoroacetic acid, sodium salt62-74-
8Formaldehyde50-00-0Formamide75-12-7Formic acid64-18-6Fumaric acid110-17-
8Glutaric acid110-94-1Glycerin (Glycerol)56-81-5Glycido1556-52-5Glycinamide598-
41-4Glyphosate1071-83-6Guthion86-50-0Hexamethylene-1,6-diisocyanate (1,6-
diisocyanatohexane)822-06-0Hexamethyl phosphoramide680-31-9Hexanoic acid142-62-
1Hydrazine302-01-2Hydrocyanic acid74-90-8Hydroquinone123-31-9Hydroxy-2-
propionitrile (hydracrylonitrile)109-78-4Indeno(1,2,3-cd)pyrene193-39-5Lead
acetate301-04-2Lead subacetate (lead acetate, monobasic)1335-32-6Leucine61-90-
5Malathion121-75-5Maleic acid110-16-7Maleic anhydride108-31-6Mesityl oxide141-
79-7Methane sulfonic acid75-75-2Methomy116752-77-5p-Methoxypheno1150-76-
5Methylacrylate96-33-34,4'-Methylene-bis-(2-chloroaniline)101-14-44,41-
Methylenediphenyl diisocyanate (diphenyl methane diisocyanate)101-68-84,4'-
Methylenedianiline101-77-9Methylene diphenylamine (MDA)5-Methylfurfura1620-02-
0Methylhydrazine60-34-4Methyliminoacetic acidMethyl methane sulfonate66-27-31-
Methy1-2-methoxyaziridineMethylparathion298-00-0Methyl sulfuric acid (sulfuric
acid, dimethyl ester)77-78-14-Methylthiopheno1106-45-6Monomethylformamide (N-
methylformamide)123-39-7Nabam142-59-6?a-Naphthol90-15-3?Z-Naphthol135-19-34a -
Naphthylamine134-32-7?S -Naphthylamine91-59-8Neopentyl glyco1126-30-
7Niacinamide98-92-0o-Nitroaniline88-74-4Nitroglycerin55-63-02-Nitropheno188-75-
54-Nitropheno1100-02-7N-Nitrosodimethylamine62-75-9Nitrosoguanidine674-81-7N-
Nitroso-n-methylurea684-93-5N-Nitrosomorpholine (4-nitrosomorpholine)59-89-
20xalic acid144-62-7Parathion56-38-2Pentaerythrito1115-77-5Phenacetin62-44-
2Pheno1108-95-2Phenylacetic acid103-82-2m-Phenylene diamine108-45-2o-Phenylene
diamine95-54-5p-Phenylene diamine106-50-3Phenyl mercuric acetate62-38-
4Phorate298-02-2Phthalic anhydride85-44-9-?-a_-Picoline (2-methyl pyridine) 109-06-
81,3-Propane sulfone1120-71-44L-Propiolactone57-57-8Proporur (Baygon)Propylene
glyco157-55-6Pyrene129-00-0Pyridinium bromide39416-48-3Quinoline91-22-5Quinone
(p-benzoquinone)106-51-4Resorcino1108-46-3Simazine122-34-9Sodium acetate127-09-
3Sodium formate141-53-7Strychnine57-24-9Succinic acid110-15-6Succinimide123-56-
8Sulfanilic acid121-47-1Terephthalic acid100-21-
0Tetraethyldithiopyrophosphate3689-24-5Tetraethylenepentamine112-57-
2Thiofanox39196-18-4Thiosemicarbazide79-19-62,4-Toluenediamine95-80-72,6-
Toluenediamine823-40-53,4-Toluenediamine496-72-02,4-Toluene diisocyanate584-84-
9p-Toluic acid99-94-5m-Toluidine108-44-11,1,2-Trichloro-1,2,2-trifluoroethane76-
13-1Triethanolamine102-71-6Triethylene glycol dimethyl etherTripropylene
glyco124800-44-0Warfarin81-81-23,4-Xylenol (3,4-dimethylphenol)95-65-8
(Source: Amended at 32 Ill. Reg. ?--, effective ?
ILLINOIS RECI TER
1
JCAR350725-0805429r01
POLLUTION CONTPOL BOARD
NOTICE OF PROPOSED AMENDMENTS-
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