RECE~V~
CLERK’S OFFtC~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
SEP
02
2004
STATE OF ILLINOIS
Pollutton Control 8o~rc1
Dorothy Gunn, Clerk
Jonathon Furr, General Counsel
Illinois Pollution Control Board
Illinois Dept. ofNatural Resources
James R. Thompson Center
One Natural Resources Way
100
W. Randolph, Suite 11-500
Springfield, Illinois 62702-1271
Chicago, Illinois
60601
Matt Dunn
Environmental Bureau Chief
Office of the Attorney General
James R.
Thompson Center
100 W. Randolph,
12th
Floor
Chicago, Illinois 60601
PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk ofthe
Illinois Pollution Control Board the Illinois Environmental Protection Agency’s (“Agency”)
Comments in the above-captioned matter, a copy ofwhich is herewith served upon you.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
/J\
1
1
1
By:
~
~LLI~I4ki
‘t~
cf
~kimberly
i~.
Geving
~i
/
Assistant Counsel
Division ofLegal Counsel
DATE:
August 31; 2004
1021
North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217)782-5544
iN THE MATTER OF:
)
)
RCRA SUBTITLE D UPDATE, USEPA
)
AMENDMENTS (July
1, 2004 through
)
December 31, 2004
)
NOTICE
R05 -1
(Identical-in-Substance
Rulemaking-Land)
~cP~
THIS EILING SUBMITTED
ON RECYCLED PAPER
RECEIVED
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
OFFICE
SEP
022004
INTHE MATTER OF:
)
STATE OF
ILLIF’JOIS
)
R05-l
Pollution Control
Board
RCRA SUBTITLE D UPDATE, USEPA
)
(Identical-in-Substance
AMENDMENTS (July
1, 2004 through
)
Rulemaking-Land)
December31, 2004
)
AGENCY’S
COMMENTS
The Illinois Environmental Protection Agency (“Agency”) respectfully submits its
comments
in the above-titled matter to the Illinois Pollution Control Board (“Board”) pursuant to
35 Ill. Adm.
Code 102.108 and
102.610.
The Agency suggests incorporatin~thefederal amendments at 40 CFR Part 258,
Research, Development, and Demonstration Permits for Municipal Solid Waste Landfills (“RD&
D permit”), into a new Subpart F at 35 III. Adm. Code 813.
The Agency believes that the
language is most suitable in a new Subpart because the intent ofthe federal regulations is limited
in scope and
promotes bioreactors and degradation at landfills by allowing either run-on, non-
containerized liquids, and/or a more permeable final cover.
Additionally, the Agency believes that RD& D permits do not warrant a full adjusted
standard hearing and thus do not logically fit into the experimental practice section ofPart 813.
By placing the federal amendments in 35 Ill.
Adm. Code 813 Subpart F, the Agency would be
responsible for administering the permits, eliminating the need for an adjusted standard hearing
before the Board.
Benefits ofthis process would
include lowering overall costs for the applicant
(i.e., applicants would not have to hire an
attorney to handle an adjusted standard proceeding);;
1
require less time for permit processing; and require less resources from the Board.
Furthermore,
the Agency does not believe it was the intent ofthe federal amendments to
require an
adjusted
standard even though the term “variance” is used.
The Agency believes the term “variance” was
simply intended to grant flexibility in the permitting process to allow for new technologies.
In light ofthe discussion above, the Agency suggests the following language for 35 Ill.
Adm.
Code 813, Subpart F:
SUBPART F:
ADDITIONAL PROCEDURES FOR RESEARCH,
DEVELOPMENT
AND
DEMONSTRATION (RD&D) PERMITS
Section
813.601
Research, Development and Demonstration (RD&D) Permits
a)
Except
as provided in paragraph (0
of
this section, the Agency may issue a research,
development, and demonstration (RD&D) permit for a new MSWLF unit, existing
MSWLF unit, or lateral expansion, forwhich the owner or operator proposes to utilize
innovative and new methods which vary from either or bothofthe following criteria
provided that the MSWLF unit has a leachate collection system designed and constructed
to maintain less than a 30-cm depth ofleachate on the liner:
1)
The run-on control systems in 35111. Adm. Code
811.103(b)(1) and
(2): and
2)
The liquids restrictions in 35 Ill. Adm.
Code 811.107(m).
b)
The Agency mayissue a research, development, and demonstrationpermit
for a new
MSWLF unit, existing MSWLF unit, or lateral expansion, forwhich the owner or operator
proposes to utilize innovative and newmethods which vary from the final cover criteria of
35 Ill. Adm. Code 811.314(b) and (c), provided the MSWLF unit owner/operator
demonstrates that the infiltration ofliquid through the alternative cover system will not
cause contamination ofgroundwater or surface water, or cause leachate depth on the liner
to exceed 30-cm.
c)
Any permit issued under this section must include such terms and conditions at least as
protective as the criteria for municipal solid waste landfills to assure protection of human
health and the environment. Such permits shall:
1)
Provide for the construction and operation of such facilities as necessary, for not
longerthan three years, unless renewed as provided in paragraph (e) ofthis
section
2
2)
Provide that the MSWLF unit must receive only those types and quantities of
municipal solid waste and non-hazardous wastes that the Agency deems
appropriate for the purposes ofdetermining the efficacy and performance
capabilities ofthe technology or process;
Include such requirements as necessary to protect human health and the
3)
environment, including such requirements as necessary for testing and providiflg
information to the Agency with respect to the operation of the facility;
4)
Require the owner or operator ofa MSWLF unit permitted under this section to
submit an annual report to Agency showing whether and to what extent the site is
progressing in attaining project goals. The report will also include a summaryofall
monitoring and testing results, as well as any other operating information specified
by the Agency in the permit: a~d
5)
Require compliance with all applicable criteria in 35 Ill.
Adm. Code 811
except as
permitted under this section.
d)
The Agency may order an immediate termination ofall operations at the facility allowed
under this section or othercorrective measures at any time the Agency determines that the
overall goals ofthe project are not being attained, including protection ofhuman health
or the environment.
e)
Any permit issued under this section shall not exceed three years and
each renewal ofa
permit may not exceed three years.
1)
The,total term for a permit for a project including renewals may not exceed twelve
years: and
2)
During permit renewal, the applicant shall provide a detailed assessment ofthe
project showing the status with respect to achieving project goals, a list of
problems and status with respect to problem resolutions,
and other any other
requirements that the Agency determines necessary for permit renewal.
f)
Small MSWLF Units:
An owner or operator ofa MSWLF unit that disposes of20 tons
ofmunicipal solid waste per day or less, based on an annual average, is not eligible for an
exemption from 35 III. Adm. Code 811.314(b) and (c), except in accordance with 35 Ill.
Adm.
Code 811.314(d).
BOARD NOTE:
Section
8 13.601
is
derived from 40 CFR 258.4 (2004), as added at 69
FR
13255
(Mar. 22, 2004).
Revisions to
other sections are also suggested as follows:
3
Section 810.103:
Insertion ofthe following definition where applicable, “Research,
development, and demonstration permit” or “RD&D permit”
means a permit issued pursuant to
35 Ill. Adm.
Code 8 13.601
and
consistent with 40 CFR Part 258.4 (2004), as added at 69 FR
13255 (Mar. 22, 2004), that allows the testing ofan innovative
technology at a MSWLF Unit.”
Section
810.103:
Add language to (b)(1) to read, “Runoff from undisturbed areas
shall be diverted around disturbed areas unless the operator shows
that it is impractical based on site-specific conditions,
or unless a
research, development and demonstration permit allowing run-on
has been obtained, pursuant to 35
III. Adm. Code 8 13.601, and is in
effect.”
Add language to (b)(2) to read, “Diversion facilities shall be
designed to prevent runofffrom the 25-year, 24-hourprecipitation
event from
entering disturbed areas unless a research, development
and demonstration permit allowing run-on has been obtained,
pursuant to 35 Ill. Adm. Code 813.601, and is in effect.”
Add language at the end ofSection
810.103 to read, “BOARD
NOTE:
The closing phrase in Subsections
81 1.103(b)(l) and (2)~,
regardingresearch, development and demonstration permits,
accommodates the provisions of40 CRF 258.4,
as added at 69 FR
13255 (Mar. 22, 2004).”
Section 811.107:
Add language to (m)(1) to read, “Bulk or noncontainerized liquid
waste maynot be placed in MSWLF units unless:
A)
The waste is household waste otherthan septic waste;-ef
B)
The waste is leachate or gas condensate derived from the
MSWLF unit and the MSWLF unit, whetherit is a new or
existing
MSWLF unit or lateral expansion, is designed with
a composite liner and leachate collection system that
complies with the requirements ofSections 811.306
through 811.309~
C)
A research, development and demonstration permit has
been obtained, pursuant to 35
III. Adm. Code 8 13.601, and
is in effect.”
Add language
at the end ofSection 811.107 to read, “BOARD
NOTE:
Subsection 811.107(m) is derived from 40 CFR 258.28
(1992). Subsection 811 .107(m)(1)(C) accommodates the research,
4
development and demonstration permit provisions of40 CRF
258.4,
as added at 69 FR
13255
(Mar. 22, 20Q4).”
Section 811.314:
Add language to (a) to read, “The unit shall be covered by a final
cover consisting ofa low permeability layer overlain by a final
protective layer constructed in accordance with the requirements of
this Section, unless a research, development and
demonstration
permit, that allows the use ofan innovative and new, final cover
technology, has been obtained, pursuant to 35 Ill. Adm.
Code
8 13.601,
and is in effect.”
Add language at the end ofSection 811.3 14 to read, “BOARD
NOTE:
Subsection (a) has been amended
to accommodate the
research, development and demonstration permit provisions of40
CRF 258.4, as added at 69 FR
13255
(Mar. 22, 2004).
Subsection
(b)(4) is derived from 40
CFR
258.60(a)
(1996) Subsection (d) is
derived from 40 CFR
258.60(b)(3),
as added at 62 Fed. Reg. 40707
(July 29,
1997)”
Section 813.101:
Add language to (a) to read, “This Subpart contains the procedures
to be followed by all applicants and the Agency for applications for
permits required pursuant to Section
2 1(d) ofthe Environmental
Protection Act (Act) (Ill.
Rev.
Stat.
1991, ch.
1111/2, par.
1021(d)) and35
Ill.
Adm.
Code8ll,
812, 814and
817.
The
procedures in this Part apply to applications to
issue a permit to
develop and operate a landfill, to modify a permit, to renew an
expired permit, and to conduct an experimental practice, and to
issue a research, development and demonstration permit.”
Respectfullysubmitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By:
rc~
Stqp~ianie
Flowers
Assistant Counsel
4
J~!
By/~)7,t~-l~/
4It~4’~
/Kimberly
4.
Geving
/
Assistant Counsel
5
Date:
August 31,2004
1021
North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS DOCUMENT SUBMITTED ON RECYCLED PAPER
6
STATE OF ILLINOIS
)
COUNTY OF SANGAMON
)
)
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached Comments, upon
the persons to whom they are directed, by placing a copy ofeach in an
envelope
addressed to:
Dorothy Gunn, Clerk
Illinois
Pollution Control Board
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
(FIRST
CLASS
MAIL)
Matt Dunn
Environmental Bureau Chief
Office ofthe Attorney General
James R. Thompson Center
100 W. Randolph,
12th
Floor
Chicago, Illinois 60601
(FIRST
CLASS MAIL)
Jonathon Fun, General Counsel
Illinois Dept. ofNatural Resources
One Natural Resources Way
Springfield, Illinois 62702-127 1
(FIRST
CLASS MAIL)
and mailing them from Springfield, Illinois
on August 31, 2004 with sufficient postage
affixed as indicated above.
SUBSCRIBED AND SWORN TO BEFORE ME
This _~i~day
of_August, 2004.
~3~-
~
Notary Public
OFFICIAL
SEAL
BRENDA BOEHNER
NOTARY
PUBLIC.
STATE
OF
ILLINOIS
~:
1:MY
COMMISSION
EXPIRES
I
I•14-2005?
THIS FILING SUBMITTED
ON RECYCLED PAPER
