ILLINOIS POLLUTION CONTROL BOARD

October

5,

1989

IN

THE N1ATTER OF:

UIC UPDATE,

USEPA REGULATIONS

)

R89-2

(7-1—88 THROUGH 12—31—88)

PROPOSAL FOR PUBLIC COMMENT

PROPOSED ORDER OF THE BOARD

(By

J.

Anderson):

Pursuant

to Sections 13(c)

and 22.4(a)

of the Environmental

Prctection Act

(Act),

the Board is amending the Underground

Injection Control

(UIC)

regulations.

Both Sections provide for quick adoption of

regulations

which are “identical

in substance”

to federal regulations and

that Title VII of

the Act and Section

5 of

the Administrative

Procedure Act

(APA)

shall not apply.

Because this rulemaking

is

not subject

to Section

5 of

the APA,

it

is

not subject

to first

notice or to second notice review by the Joint Committee on

Administrative Rules

(JCAR).

The federal UIC regulations are

found at

40 CFR 144,

146 and 148.

This

rulemaking updates UIC

rules

to correspond with major federal amendments more fully

outline

in the accompanying Proposed Opinion.

This Order

is supported by

a Proposed Opinion adopted on the

same day.

The Board will

receive public comment on the proposal

for a period of

45 days following publication

in the Illinois

Register.

Because of

its length,

the text of the proposal will

not be published

in the Environmental Register or appear

in the

Opinion volumes.

The complete text

of the proposed rules

follows.

IT

IS SO ORDERED.

I,

Dorothy M.

Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that ~the above Proposed Order was adopted

on the

~

day of

~

,

1989,

by

a vote of

~-C

/

/~/~i~

/~•..

//~L~’~

Dorothy M//Gunn, Clerk

Illinois Pollution Control Board

1fl4--215

---

—2—

Section

702.101

702.102

702.103

702. 104

702.105

702.106

702.107

702.108

702.109

702

.

110

Applicability

Purpose

and

Scope

Confidentiality

References

Rulemaking

Agency

Criteria

Permit Appeals

Variances

Enforcement

Definitions

Section

702.120

702. 121

702.122

702.123

702.124

702.125

702.126

Section

702.140

702.141

702.142

702.143

702.144

702.145

702. 146

702.147

702.148

702.149

702.150

702.151

702. 152

702.160

702.161

702.162

702.163

702.164

SUBPART B:

PERMIT APPLICATIONS

Permit Application

Who Applies

Completeness

Information Requirements

Recordkeeping

Continuation of Expiring Permits

Signatories to Permit Applications and Reports

SUBPART

C:

PERMIT CONDITIONS

Conditions Applicable

to all Permits

Duty

to Comply

Duty

to Reapply

Need

to Halt or Reduce Activity not a Defense

Duty to Mitigate

Proper Operation and Maintenance

Permit Actions

Property Rights

Duty to Provide

Information

Inspection and Entry

Monitoring and Records

Signatory Requirements

Reporting Requirements

Establishing Permit Conditions

Duration of Permits

Schedules of Compliance

Alternative Schedules of Compliance

Recording and Reporting

TITLE 35:

ENVIRONMENTAL PROTECTION

SUBTITLE G:

WASTE DISPOSAL

CHAPTER

I:

POLLUTION

CONTROL

BOARD

SUBCHAPTER

b:

PERMITS

PART

702

RCRA

AND

tJIC

PERMIT

PROGRAMS

SUBPART

A:

GENERAL PROVISIONS

---

—3—

SUBPART D:

ISSUED PERMITS

Section

702.181

Effect

of a Permit

702.182

Transfer

702.183

Modification

702.184

Causes for Modification

702.185

Facility Siting

702.186

Revocation

702.187

Minor Modifications

AUTHORITY:

Implementing Section

13 and 22.4 and authorized by

Section 27

of the Environmental Protection Act

(Ill.

Rev.

Stat.

1987,

ch.

111

1/2,

pars.

1013,

1022.4 and 1027).

SOURCE:

Adopted

in R81—32,

47 PCB 93,

at

6

Ill.

Reg. 12479,

effective as noted in

35

Ill. Adm.

Code 700.106; amended

in R82—

19 at

at,

53 PCB 131,

7

Ill.

Reg.

14352,

effective as noted

in

35

Ill. Adm.

Code 700.106; amended

in R84—9 at

9

Ill.

Reg.

11926,

effective July 24, 1985;

amended in R85—23

at

10

Ill.

Reg.

13274,

effective July 29,

1986;

amended in R86—l at

10

Ill.

Reg.

14083,

effective August

12,

1986; amended in R86—28

at

11

Ill. Reg.

6131,

effective March

24,

1987;

amended

in R87—5

at

11

Ill.

Reg.

19376, effective November

12,

1987;

amended

in R87—26

at

12

Ill.

Reg.

2579, effective January 15,

1988;

amended

in R87—29 at

12

Ill. Reg.

6673,

effective March

28,

1988;

amended

in R87—39 at

12

Ill.

Reg.

13083,

effective July

29,

1988;

amended in R89—l at

13

Ill. Reg.

,

effective

;

amended in R89—2

at

13

Ill.

Reg.

,

effective

SUBPART C:

PERMIT CONDITIONS

Section 702.160

Establishing Permit Conditions

a)

In addition

to conditions required

in permits for both

programs

(Sections 702.140 through 702.152),

the Agency

shall establish conditions,

as required on a case—by-

case basis,

in

RCRA

and UIC permits under Section

702.150

(monitoring and records),

Section 702.161

(duration of permits), Section 702.162

(schedules of

compliance), Section 702.163 (alternate schedules of

compliance) and Section 702.164

(Recording and

Reporting).

For UIC only, permits

for owners and

qperators of hazardous waste injection wells must

include conditions meeting the regu~rements of

35

Ill.

Adm.

Code 704.201 through 704.203

(requirements for

wells injecting hazardous waste), 704.189

and 704.191,

and

35

Ill. Adm.

Code 730.Subpart G.

Permits

for other

wells must contain

the requirements

set forth in

35

Ill.

Adm. Code 704.Subpart

E when applicable.

BOARD NOTE:

Derived from

40 CFR 144.52(a) (l98—~—~j~

as amended at

53 Fed. Reg.

28147, July

26,

1988 and

270.32(a)

(1988).

104~-217

---

—4—

b)

Additional

conditions.

1)

In

addition

to

conditions

required

in

all

permits

for

a

particular

program

(35

Ill.

Adm.

Code

703.241

et seq. for RCRA and

35

Ill.

Adm.

Code

704.181

et

seq. for UIC),

the Agency shall establish

conditions in permits for the individual programs,

as required on a case—by—case basis, to provide for

and assure compliance with all applicable

requirements of the appropriate Act and

regulations.

BOARD NOTE:

Derived from 40 CFR 144.52(b) and

270.32(b)

(1988).

2)

An

applicable

requirement

is

a

statutory

or

regulatory

requirement

which

takes

effect prior

to

final administrative disposition of a permit.

35

Ill.

Adm. Code 705.184

(reopening of comment

period) provides a means

for reopening permit

proceedings

at the discretion of the Agency where

new requirements become effective during the

permitting process and are of sufficient magnitude

to make additional proceedings desirable.

An

applicable requirement is also any requirement

which

takes effect prior

to the modification of a

permit,

to the extent allowed

in 35 Iii.

Adrn. Code

705.201.

BOARD NOTE:

Derived from 40 CFR 144.52(b) and

270.32(c)

(1988).

3)

New or

reissued permits,

and

to

the extent allowed

under

35

Ill. Adm. Code 705.201 modified permits,

shall incorporate each

of

the

applicable

requirements referenced

in

35

Iii. Mm.

Code

703.241

et seq.

(RCRA) and

35

Ill. Adm.

Code

704.182 through 704.191

(UIC).

BOARD

NOTE:

Derived from 40 CFR 144.52(b) and

270.32(d)

(1988).

c)

Incorporation.

All permit conditions shall

be

incorporated either expressly or by reference.

If

incorporated by reference,

a specific citation to the

applicable regulations or requirements must be given

in

the permit.

BOARD NOTE:

Derived from

40 CFR 144.51 and 270.32(e)

(1988).

(Source:

Amended at

13

Ill. Reg.

effective

104 •218

---

—5—

SUBPART D:

ISSUED PERMITS

Section 702.181

Effect of

a Permit

a)

The existence of

a RCRA or UIC permit shall not

constitute a defense

to a violation

of the Environmental

Protection Act or

this Subtitle,

except for development,

modification or operation without

a permit.

However,

a

permit may be modified,

reissued

or revoked during its

term for cause as set forth

in

35

Ill. Mm.

Code 703.270

through 703.273

(RCRA)

and 35

Ill.

Adm.

Code 704.261

through 704.263

(UIC)

and Section 702.186— ~R~RA~

and

See~4ens

~8~~83

~

~e27l86

~

b)

The issuance of a permit does not convey

any

property

rights of any sort,

or any exclusive privilege.

c)

The issuance of a permit does not authorize any injury

to persons

or property or invasion of other private

rights,

or any infringement of State or

local

law or

regulations, except as noted in subsection

(a).

BOARD NOTE:

Derived from 144.35

(1988) and

40 CFR 270.4

(1988), as amended at

53 Fed. Reg.

37934,

September

28,

1988.

(Source:

Amended at 13

Ill. Reg.

effective

Section 702.182

Transfer

-Thia See~i~napp~ies~n~y

~e ~

pe~~-~ —For RCRA,

see

35

Ill.

Adm.

Code

703.260.

For

UIC,

see

35

Ill.

Adm.

Code

704.260.

a~

Pran~fe~by

d4f4ea~4~n--Exee~ ea

p~ev4ded

irx

b~ee~ieri~-b~7

a

perm4~

rrtay be ~ranafe~red

by

the

perrr~i~eeth

a

new

ewner

e~

e~athr

em~y if

the

pe~n~i~

baa

been

m~dif4ed fender

See~ien

~8~7+8S

a ~iiner ~ed4f4ea~ien

r~ade

nde~See~ie’n

t~eidentify the new ~ermittee

and

ine~rperate

~tieh

ether

re

ire~enta

aa

~ay

be neeeaaa~y

tinder

the

pre~iate

~et-r

Phe

new

~wne~

or

operator

to

whorrt

the

permit

ia

tranaferred

shaH

eo~p&y with

a+± the

terms

and

eonditiens

apeeified

in

s’c~eh permit-v

b~

x~tatie

ansfers--

As

an

a+te

native

to

transfers

under st~baeetion(-a~any

E~e

permit

for

a

weH

net

in~eetin~ha~ardoi~swaste may be a~tomatieaHy

transferred to a new permittee if~

~

The e~rrentpermittee notifies

the

A~eney at

39

days

in

advanee

of

the

proposed

transfer

date

in

st~bseetien

~

104--219

---

—6—

2j!

The notice 4nc~udesa written agreement between the

existing

and

new

permittees

containing

a

specific

date for transfer of permit responsibHity7

coverage

and

HabHity

between

them

and

the

notice

demonstrates

that

the

financia~

responsibiHty

req~iremerttsof 35 ~3H

Adm~eode

~64~89

will be

met

by

the

new

permittee

and

that

the

new

permittee

agrees to cemp3:y with

all

the

terms

and

conditions

specified

in

the

permit

to

be

transferred

under

subsection fb)-~and

3j

The

Agency

does

not

notify

the

existing

permittee

and the proposed new permittee of its intent

to

modify the permit--

A modification under

this

subsection

may

a’so

be

a

minor

modification

~rtder

Section ~62~-~8~

~f this notice

is not reeeived7

the transfer is effective en

the

date specified in

the agreement mentioned in sttbsectien ~b~-2~-

B~ARB

N8TEi-

Derived from

46

ePR

344~3B ~

(Source:

Amended

at

13

Ill.

Reg.

effective

)

Section

702.183

Modification

—This Section

applles

on’y

to

U~6permitsT

—For

RCRA,

see

35

Ill.

Adm.

Code

703.270.

For

tJIC,

see

35

Iii.

Adm.

Code

704.261.—

When the Agency

receives

any

information

ffor

e~amp~e7

inspects

the fac±±ity7receives information submitted by the permittee as

required in the permit

fSee

Sections

~G2~49

through ~82-z~52~r

rece4ves

a request for modification or conducts a review

of the

permit

flle)-

it

may

determine

whether

or

net

one

or

more

of the

causes

Hated

in

Sections

~B~-~84

and

~-l85

for modification

exist7

~f cause

exists7

the Agency may modify the permit

accerding~y7 subject

to the +imitations of Section

~6~-l8S

and

may request

art updated app±ieation if neeessary7

When

a permit

is modifiedy en~ythe conditions subject

to modification are

reepenedT

~f cause does net

exist

under Section

~627l93

through

~8~-~85

or Section ~82~8~

the Agency shall not modify the

permit-v

~f a permit modification satisfies

the criteria in

Section ~62~9~

for

liminer medifications~’the permit may be

modified without a draft permit or publlc review7

8therwise7 a

draft permit must be prepared and ether procedures

in 35

~ll-r

Adm7

?ode ~8S fellowed7

B~ARBNOPE~ Derived from 40 CFR ~44~39

~98~T—

(Source:

Amended at 13

Ill.

Reg.

effective

)

Section

702.184

Causes

for

Modification

—This Section epplles on’y

to U~ permitsT

—For RCRA,

see 35

104

220

---

—7—

Ill. Adm. Code 703.271 and 703.272.

For UIC,

see 35

Ill. Adm.

Code 704.262.

a~

The following are

cause fer modification7 but not

re±ssuartce-1ef permits~ the following may be cause for

reisattanee as well as modification when the permitee

requests or agreea~-

~

A±teretiorts7 There are materia’ and substantia3

aiteratiens or additions to the permitted faci+ity

or activity which occurred after permit issuance

which justify the appllcatien of permit conditions

that are different or

absent

in the existing

perm±t7

2~

~nfermation7

The Agency has received

infermatiort7

Permits ether than for F3~?

?~ass

~

wells may be modified during their terms for this

cause

on~yif the information was net ave4+ab~eat

the time of permit issuance i-ether than revised

regu+ations-r guidance or test

methods-)-

and

wou~d

have justified the app±icatien of different permit

conditions at the time of issuance7

For B~Earea

permits this cause shall inciude

arty information

indicating that cumu~ativeeffects en the

environment are unacceptab3e7

9-)

New

statutory

requirements

or

regu~ations7

The

standards or regu~atiortson which the permit was

based have been changed by statutey through

premu~gatienof new or amended standards or

reguations

or by judie4a3~decision after the

permit was issued7

Permits other than for U~e

e~ass~

wells may be modified during their terms

for this cause ort~yas follows~-

A-)- The Agency may modify the permit when standards

or regu’ations on which

the permit was based

have been changed by statute or amended

standards or reguationsT

B-)- The permittee may

request modification when~-

The permit condition requested to be

modified was based on

a promu±gated 35 H±~

Adm7 ?ode

~39 f~3~?-)-regu~atien--and

ii-)-

The Board has revised7 withdrawn or

modified that portion ~f the regu~ationon

which the permit condition was basedi~ and

iii-)-

A permittee requests modification in

accordance with 35

ill-- Adm7 ?ode

~OST~28

within ninety f98~days after H~inois

104--221

---

—8—

Register

notice

of

the

ru~emaking on

which

the

request

is

based~

e-~

For

judicia~

decisions-r

a court of competent

jurisdiction

has

remanded

and

stayed

Board

promu’gated

regu~attonsy

if

the

remand

and

stay

concern

that

portion

of

the

regu~ationson which

the

permit

condition

was

based

or if a request

is

flled

by

the

permittee in accordance with 35

ll3-~Adm-~eode ~eS-~28

within ninety f98~days

of

judicia’

remand7

4-)-

eompaianee schedu~es7 The Agency determines good

cause

exists

for

modification

of

a

compllanee

schedu~e~such as an act of God7 strike7 f’ood or

materia’s shortage or other events over which the

perrnittee has

~itt~e

or no contro’ and for which

there

is

no

reasonab~y

avallabie

remedy7

b-)-

The following are causes to modify

or-y a~ternative~yy

reissue a permit-?

The Agency has received notification

1-es required in the permit7 see Section ~82-~352-(-c-)-)-

of

a

proposed

transfer

of

the

permit--

A

permit

a~so may

be

modified to reflect a transfer after the effective date

of an automatic transfer -(Section ~9

~82-?b-)-)-y

but will

not be revoked and reissued after the effective date of

the

transfer

except

upon

the

request

of

the

new

permittee7

B~ARB

NeTBi-

Derived

from 48 eFR ~44~39 ~988)-7—

(Source:

Amended at

13 Iii.

Reg.

effective

Section 702.185

Facility Siting

—This Section applles eniy to U~ permits7

-For RCRA,

see 35

Ill.

Adm. Code 703.273.

For UIC,

see

35 Ill. Adm. Code 704.263.—

Suitabillty of the fadllity ~ocatien will not be considered at

the time of permit modification un~eaanew information, or

standards

indicate

that a threat to human hea’th or the

environment

exists

which

was

unknown

at

the

time

of

permit

issuance or un’ess required under

the Environmenta±Protection

Act7

However7 certain modifications may require site iocation

suitabillty epprova~pursuant to

Section 397~of the

Envirortmenta~Protection A0t7

B~ARBNOTE--

Berived from

49 ~FR ~44739~-e~ ~988’)-7-

(Source:

Amended at

13 Ill.

Reg.

effective

104-222

---

—9—

Section 702.187

Minor Modifications

—This Section applles

ortiy

to U~Epermits7

—For RCRA,

see

35

Ill.

Adm.

Code 703.280.

For UIC, see

35

Ill.

Adm.

Code 704.264.—

~pen the consent of the permittee7 the Agency may modify a

permit to make the corrections

or allowances for

changes

in the

permitted activity iisted in this Sectien7 without following the

procedures of

35 Hll Adm7

eode ~05-- Any permit

modification

net

processed as a minor modification under this Section must be made

for cause end with a 35 llll AdmT eode ~6S draft permit and

pubiic notice as required

in Sections ~8~--+83 through ~627±857

Minor modifications may on~y~-

a-)-

eorreet typographica+ errors~

b-)-

Require mere frequent monitoring or reporting

by the

permittee-

c-)-

ehange an interim eompllamee date

in a

scheduie of

eompitartce7 provided the new date is not more than ll8

days after the date specified

in the existing permit and

does not interfere with attainment

of the firta~

cempllance date requirement-- or

d-)-

Allow for

a change in ownership

or operatierte~eontre~

of a fae±iitywhere

the

Agency determines that no ether

change in the permit

is rteeessaryy provided-?

that

a

written agreement containing

a specific date for

transfer of permit responsibi’±ty7 coverage and

~iebi~ity between the current and new permittees has

been submitted to the Ageney7

f)-

For

u~e

ort~y--

i-)-

?hange

quantities or types of fluids injected

which

are within the capacity of the faciiity as

permitted

arid7 in the judgment of the Agertcy~wou’d

not interfere with the operation of

the

faeiiity or

its

abillty

to

meet

conditions

described

in

the

permit and wou’d

not change its c~assification7

a-)-

eh~ngeconstruction requirements approved by the

Agency

pursuant

to 35 ~

AdM7 ?ode

~94~8-2

-(-establlshing ~8

permit cenditi~’nsj-7provided that

any such aiteration

shall

comp~ywith the

requirements of this Part and 35 H±- Adm-- ?ode

~84

and ~387

3-)-

Amend

a

plugging

arid abandonment p3an which has

been

updated

under

35 lill Adm~7eode

~647±8~~ej-7

BOARB

NOTE-?

Derived from 40 ?FR

~44-~4~f~98~-)-7-

104223

---

—10--

(Source:

Amended

at

13

Ill.

Reg.

effective

)

104--224

---

—11—

TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE

G:

WASTE DISPOSAL

CHAPTER

I:

POLLUTION CONTROL BOARD

SUBCHAPTER b:

PERMITS

PART 704

UIC

PERMIT

PROGRAM

SUBPART

A:

GENERAL

PROVISIONS

Content

Scope of

the Permit or Rule Requirement

Identification

of

Aquifers

Exempted

Aquifers

Specific Inclusions and Exclusions

Classification

of

Injection

Wells

Definitions

SUBPART

B:

PROHIBITIONS

Prohibition

of Unauthorized Injection

Prohibition of Movement of Fluid into USDW

Identification of USDW and Exempted Aquifers

Prohibition of Class

IV Wells

SUBPART C:

AUTHORIZATION OF UNDERGROUND INJECTION BY RULE

Section

704.141

704.142

704.143

704.144

704.145

704.146

704.147

704.148

704.149

704.150

704.151

Existing Class

I and III Wells

Existing Class IV

Wells, not into USDW (Renumbered)

Expiration of Authorization

Requirements

Existing Class IV Wells

Class V Wells

Requiring a Permit

Inventory Requirements

Requiring other Information

Requirements

for Class

I and III Wells authorized

by

Rule

RCRA

Interim

Status

for

Class

I

Wells

SUBPART

D:

APPLICATION FOR PERMIT

Application for Permit; Authorization by Permit

Area Permits

Emergency Permits

Signatories

to Permit Applications

Section

704.101

704.102

704.103

704.104

704.105

704.106

704.107

Section

704.121

704.122

704.123

704.124

Section

704.161

704.162

704.163

704.164

104--225

---

—12—

SUBPART

E:

PERMIT CONDITIONS

Additional

Conditions

Establishing

UIC

Permit

Conditions

Construction

Requirements

Corrective Action

Operation Requirements

Hazardous Waste Requirements

Monitoring and Reporting

Plugging

and

Abandonment

Financial

Responsibility

Mechanical Integrity

Additional

Conditions

Waiver

of

Requirements

by

Agency

Corrective

Action

SUBPART

F:

Section

704.201

704.202

704.203

REQUIREMENTS FOR WELLS INJECTING HAZARDOUS WASTE

SUBPART

G:

FINANCIAL RESPONSIBILITY FOR CLASS

I

HAZARDOUS WASTE INJECTION WELLS

Section

704.210

704.211

704.212

704.213

704.214

704.215

704.216

704.217

704.218

704.219

704.220

704. 221

704.222

704.230

704.240

Applicability

Definitions

Cost Estimate for Plugging and Abandonment

Financial Assurance

for Plugging and Abandonment

Trust Fund

Surety Bond Guaranteeing Payment

Surety Bond Guaranteeing Performance

Letter

of Credit

Plugging and Abandonment Insurance

Financial Test and Corporate Guarantee

Multiple Financial Mechanisms

Financial Mechanism for Multiple Facilities

Release of the Owner or Operator

Incapacity

Wording

of the Instruments

SUBPART H:

ISSUED PERMITS

Section

704.260

704.261

704.262

704.263

704.264

Transfer

Modification

Causes

for

Modification

Well Siting

Minor

Modifications

AUTHORITY:

Implementing Sections

13 and 22.4 and authorized by

Section

704.181

704. 182

704.183

704.1~4

704. 185

704.186

704.187

704.188

704.189

704.190

704.191

704.192

704. 193

Applicability

Authorization

Requirements

104~26

---

—13—

Section

27 of the Environmental Protection Act

(Ill.

Rev.

Stat.

1987,

ch.

111 1/2, pars.

1013,

1022.4

and

1027,

as

amended by

P.A.

85—1048, effective January

1,

1989).

SOURCE:

Adopted in R81—32,

at

47 PCB

95,

at

6

Ill.

Reg.

12479,

effective as noted

in

35

Ill. Adm. Code 700.106; amended in

R82—

19, at

7 Ill.

Reg. 14402,

effective as noted

in

35

Ill. Adm. Code

700.106; amended

in R83—39,

at

55 PCB 319,

at

7

Ill.

Reg. 17338,

effective December

19,

1983;

amended

in R85—23 at

10

Ill.

Reg.

13290, effective July

29,

1986;

amended

in R87—29 at

12

Ill.

Reg.

6687, effective March

28,

1988;

amended

in R88—2

at

12

Ill.

Reg.

13700,

effective August

16,

1988;

amended

in R88—l7 at

13

Ill.

Reg.

478, effective December 30,

1988;

amended

in R89—2 at

Ill. Reg.

,

effective

SUBPART

D:

APPLICATION FOR PERMIT

Section 704.161

Application for Permit; Authorization by

Permit

a)

Permit application.

Except

for owners

or operators

authorized by rule,

all underground injections are

prohibited unless authorized

by permit.

Persons

currently authorized

by rule must still apply

for

a

permit as specified in subsection

(b) unless

the

authorization was for a Class V well under Section

704.146.

Rules authorizing well injections

for which

permit applications have been submitted shall

lapse

for

a particular well injection or project upon the

effective date of the permit or permit denial for that

well

injection

or project.

Procedures

for application

issuance and administration of emergency permits are

found exclusively

in Section 704.163.

A RCRA permit

applying the standards of

35

Ill.

Adrn. Code 724.Subpart

X will constitute a UIC permit

for hazardous waste

4~jectionwells

for which the technical standards

in

35

1l.

Adm.

Code 724 are not generally appropriate.

BOARD NOTE:

Derived from 40 CFR 144.31(a)

~98~)-

(1988),

as amended at

52

Fed. Reg.

46963,

December

10,

1987.

b)

Time to apply.

Any person who performs

or proposes an

underground injection for which

a permit

is or will be

required shall submit an application to the Agency as

follows:

1)

For

existing

wells:

A) Within

180 days after the Agency notifies such

person

that an application is required;

or

B)

If the waste being injected into the well

is a

hazardous waste accompanied by a manifest or

104~227

---

—14—

delivery document, by August

1,

1984;

or

C)

Except

as

otherwise

provided

in

subsections

(b)(l)(A)

and

(b)(1)(B),

by

February

1,

1986.

2)

For new injection wells,

except new wells

in

proiects authorized under Section 704.141 or

covered by an existing area permit under Section

704.162(c),

a reasonable time before construction

is expected

to begin.

BOARD

NOTE:

Derived

from

40

CFR

144.31(c)

(-~98~-(l988).

c)

Contents

of

UIC

application.

The

applicant

shall

demonstrate

that

the

underground

injection

will

not

endanger drinking water sources.

The form and content

of

the UIC permit application may be prescribed by the

Agency including the materials required by 35

Ill. Adm.

Code

702.123.

d)

Information

requirements

for

Class

I

hazardous

waste

injection

wells.

1)

The following information is required for each

active Class

I hazardous waste injection well at

a

facility seeking

a UIC permit:

A)

Dates

well

was

operated.

B)

Specification of all wastes which have been

injected into the well,

if available.

2)

The owner or operator of any facility containing

one or more active hazardous waste injection wells

must submit all available information pertaining

to

any release of hazardous waste or constituents from

any active hazardous waste injection well at the

facility.

3)

The owner

or operator of any facility containing

one or more active Class

I hazardous waste

injection wells must conduct

such preliminary site

investigations as are necessary

to determine

whether a release

is occurring,

has occurred or

is

likely

to have occurred.

BOARD NOTE:

Derived from 40 CFR 144.31(g) ~-~98~

(1988)

e)

In addition to the materials

required by

35 Ill.

Adm.

Code 702.123, the applicant shall identify and submit on

a list with the permit application the names and

addresses for all owners of

record of land within one—

104—228

---

—15—

quarter mile

(401 meters)

of the facility boundary.

This requirement may be waived by the Agency where the

site is located

in

a populous area such that the

requirement would

be impracticable.

BOARD NOTE:

Derived from 40 CFR 144.31(e)(9)

f~98~-)-

(1988).

SUBPART

E:

PERMIT CONDITIONS

Section 704.181

Additional Conditions

The following conditions

in addition to those

set

forth in

35

Ill. Adm. Code 702.140 through 702.152 apply to all UIC permits

and shall be incorporated into all permits either expressly or by

reference.

If incorporated by reference,

a specific

citation

to

these regulations must be given

in the permit.

a)

In addition to

35

Ill. Adm.

Code 702.141

(duty

to

comply):

the permittee need not comply with the

provisions of this permit to the extent and for the

duration such noncompliance is authorized in a temporary

emergency permit

under Section 704.163.

BOARD NOTE:

Derived from 40 CFR 144.51(a) -(-~98~

(1988).

b)

In addition to

35

Ill. Adm.

Code 702.150(b)

(monitoring

and records):

the permittee shall

retain records

concerning the nature and composition of all injected

fluids until

three years after

the completion of any

plugging and abandonment procedures specified under

Section 704.188

or under

35

Ill.

Adm. Code 730.Subpart

G,

as appropriate.

The owner

or operator shall continue

to retain the records after

the three year retention

period unless the owner or operator delivers the records

to

the

Agency

or

obtains

written

approval

from

the

Agency

to

discard

the

records.

BOARD NOTE:

Derived from 40 CFR l44.Sl(j)(2)(ii)

(1988),

as amended

at

53

Fed.

Reg.

28147, July 26,

1988.

c)

In addition to 35

Ill. Adm. Code 702.152(a)

(notice of

planned changes): except

for all new wells authorized by

an area permit under

Section 704.162(c),

a new injection

well may not commence

injection until construction

is

complete,

and

1)

The permittee has submitted notice of completion of

construction

to the Agency; and

2)

Inspection Review

A)

The Agency has inspected or otherwise reviewed

104•

~229

---

—16—

the new injection well and finds

it

is

in

compliance with the conditions of

the permit; or

B)

The

permittee

has

not

received

notice

from

the

Agency of its intent to inspect or otherwise

review the new injection well within 13 days of

the date of the notice

in subsection (c)(1),

in

which case prior inspection or review is waived

and the permittee may commence injection.

The

Agency shall include in

its notice a reasonable

time period

in which

it will inspect the well.

BOARD NOTE:

Derived from 40 CFR 144.51(m)

f~98~ (1988).

d)

Reporting

Noncompliance

1)

Twenty-four

hour

reporting.

The

permittee

shall

report any noncompliance which may endanger health

or

the

environment,

including:

A)

Any

monitoring

or

other

information

which

indicates

that

any

contaminant

may

cause

an

endangerment

to

a

USDW.

B)

Any

noncompliance

with

a

permit

condition

or

malfunction of the injection system which may

cause fluid migration into or between USDWs.

2)

Any information

shall be provided orally within

24

hours from the time the permittee becomes aware of

the circumstances.

A written submission shall also

be provided within

5 days of the time the permittee

becomes aware of the circumstances.

The written

submission shall contain

a description of the

noncompliance and its cause,

the period of

noncompliance,

including exact dates and times and,

if the noncompliance has not been corrected,

the

anticipated time is expected to continue; and steps

taken or planned to reduce,

eliminate and prevent

reoccurrence of the noncompliance of the

noncompliance.

BOARD NOTE:

Derived from 40 CFR l44.51(l)(6)

f~98~-)-(1988).

e)

The permittee shall notify the Agency at such times as

the permit requires before conversion or abandonment of

the well or,

in the case of area

permits, before closure

of the project.

BOARD NOTE:

Derived from 40 CFR 144.51(n) ~98~--)-

(1988).

104--23’)

---

—17—

f)

Plugging and abandonment report.

Within

60 days after

plugging a well or at

the time of the next quarterly

report

(whichever

is

less)

the owner

or operator shall

subrn~t

a report

to the Agency.

If the quarterly report

is due less than 15 days before completion of plugging,

then the report shall

be submitted within 60 days.

The

report shall be certified as accurate by the person who

performed the plugging operation.

Such report shall

consist of either:

1)

A statement that the well was plugged in accordance

with the plan previously submitted

to the Agency;

2)

Where actual plugging differed from the plan

previously submitted,

an updated version

of the

plan on the form supplied by the Agency specifying

the differences.

BOARD NOTE:

Derived from 40 CFR 144.51(0) ‘~98~

(1988).

g)

Mechanical integrity demonstration.

The Agency by

written notice may require the owner or

operator to

comply with

a schedule describing when mechanical

integrity demonstrations must be made.

BOARD NOTE:

Derived from

40 CFR 144.51(p) ~398~

(1988).

(Source:

Amended at

13 Ill.

Reg.

effective

SUBPART

H:

ISSUED PERMITS

Section 704.260

Transfer

~J

Transfer by modification.

Except as provided

in

subsection

(b),

a permit may be transferred by the

permittee

to

a new owner

or operator only

if the permit

has been modified (under Sections 704.161 through

704.164)

to identify the new permittee and incorporate

such other

requirements as may be necessary under

the

appropriate Act.

The new owner or operator

to whom the

permit

is transferred

shall comply with all the terms

and conditions specified

in such permit.

~J

Automatic

transfers.

As an alternative to transfers

under subsection

(a), any UIC permit

for a well

not

injecting hazardous waste may

be aut~raatically

transferred

to a new permittee

if:

~j

The current permittee notifies

the Agency at least

30 days

in advance of the proposed transfer date in

104

231

---

—18—

subsection (b)(2)

j)

The notice includes

a written agreement between the

existing and new permittees containing a specific

date for transfer of permit responsibility,

coverage and liability between them and the notice

demonstrates that the financial responsibility

requirements of Section 704.189 will be met by the

new permittee and that the new permittee agrees to

comply with all the terms and conditions specified

in

the

permit

to

be

transferred

under

subsection

(b); and

~j

The Agency does not notify the existing permittee

and the proposed new permittee of its intent

to

modify the permit.

A modification under this

subsection

may

also

be

a

minor

modification

under

Section

704.264.

If

this

notice

is

not

received,

the transfer

is effective on the date specified

in

the agreement mentioned

in subsection (b)(2).

BOARD

NOTE:

Formerly

codified

as

35

Ill.

Adm.

Code

702.182.

Derived from 40 CFR 144.39

(1988).

(Source:

Amended at 13 Ill. Reg.

effective

)

Section

704.261

Modification

When the Agency receives any information

(for example,

inspects

the facility,

receives information submitted by the permittee as

required

in the permit (See 35

Ill. Adm. Code 702.140 through

702.152),

receives

a

request for modification

or conducts

a

review of the permit file),

it may determine whether

or not one

or more of the causes listed in Sections 704.262 and 704.263 for

modification exist.

If cause exists,

the Agency may modify the

permit accordingly, subject

to the limitations of Sec.

704.263

and may request an updated application if necessary.

When

a

permit

is modified, only the conditions subject to modification

are

reopened.

If cause does not exist

under Sections 704.261

through 704.264,

the Agency shall not modify the permit.

If

a

permit modification satisfies the criteria

in Sec.

704.264 for

“minor mcdifications~ the permit may

be modified without

a draft

permit or public review.

Otherwise,

a draft permit must be

prepared and other procedures

in

35

Ill. Adm. Code 705 followed.

BOARD NOTE:

Formerly codified as

35 Ill. Adm. Code 702.183.

Derived from 40 CFR 122.15.

Section 704.262

Causes

for Modification

~j

The following are causes

for modification of permits.

For Class

I hazardous waste injection wells

or Class

III

wells,

the following may be causes for reissuance and

104

~232

---

—19—

modification.

For all other wells the following may be

cause for

reissuance

as well as modification when the

permittee requests or agrees:

~j

Alterations.

There are material and substantial

alterations or additions

to the permitted facility

or activity

which

occurred after permit issuance

which justify the application of permit conditions

that are different or absent

in the existing

permit.

~J

Information.

Permits other

than for UIC Class III

wells may be modified during their terms

for this

cause only

if the information was not available at

the time

of permit issuance

(other

than revised

regulations, guidance or test methods) and would

have justified the application of different permit

conditions at the time of

issuance.

For UIC area

permits this cause

shall include any information

indicating that cumulative effects on the

environment are unacceptable.

~J

New statutory requirements or

regulations.

The

standards or regulations on which the permit was

based

have

been

changed

by~tatute,

through

promulgation

of new or amended standards

or

regulations or

by judicial decision after the

permit was issued.

Permits other than for UIC

Class

I hazardous wells or Class

III wells may be

modified during their

terms for this cause only as

follows:

~j

The Agency may modify the permit when

standards or

regulations on which the permit

was based have been changed by statute or

amended standards or regulations.

pJ

The permittee may

request modification when:

~j

The permit condition requested to be

modified was based on

a promulgated

35

Ill. Adm.

Code

730 regulation;

and

44J

The Board has revised, withdrawn or

modified that portion of

the regulation

on which

the permit condition was based

and

iii) A permittee requests modification

in

accordance with

35

111.

Adm.

Code 705.128

within ninety

(90) days after Illinois

Register notice

of the rulemaking on

which the request

is based.

1fl4 233

---

—20—

~j

For judicial decisions,

a court of competent

jurisdiction

has

remanded

and

stayed

Board

promulgated

regulations,

if the remand and

stay

concern

that

portion

of

the

regulations

on which the permit condition was based or

if

a request

is filed by the permittee in

accordance with 35

Ill. Adm. Code 705.128

within

ninety

(90)

days

of

judicial

remand.

~fl

Compliance schedules.

The Agency determines good

cause exists for modification of a compliance

schedule, such as an act of God,

strike,

flood or

materials

shortage

or

other

events

over

which

the

permittee has little or no control and

for which

there

is

no

reasonably

available

remedy.

~j

The following are causes to modify or, alternatively,

reissue

a

permit:

fl

The

Agency

has

received

notification

(as

required

in

the

permit,

see

Section

702.152(c))

of

a

proposed transfer of the permit.

A permit also may

be

modified

to

reflect

a

transfer

after

the

effective

date

of

an

automatic

transfer

(Section

702.182(b)), but will not be revoked and reissued

after the effective date of the transfer except

upon the request of the new permittee.

A determination that the waste being injected

is a

hazardous waste as defined in

35 Ill. Adm. Code

721.103

either

because

the

definition

has

been

revised,

or because a previous determination has

been changed.

BOARD NOTE:

Formerly codified as

35

Ill. Adm.

Code

702.184.

Derived from

40 CFR 144.39,

as amended

at

53 Fed. Reg.

28147, July 26,

1988.

(Source:

Added at

13

Ill. Reg.

effective

Section 704.263

Well Siting

Suitability of the well location will not

be considered at the

time of permit modification unless new information or standards

indicate that

a threat

to human health or

the environment exists

which was unknown at

the time of permit

issuance or unless

required under

the Environmental Protection Act.

However,

certain modifications may require site location suitability

approval pursuant to Section

39.2 of

the Environmental Protection

Act.

BOARD NOTE:

Formerly codified as

35

Ill. Adm.

Code 702.185.

Derived from 40 CFR 144.39

(1988).

104—234

---

—21.—

(Source:

Added at

13

Ill. Reg.

effective

Section 704.264

Minor Modifications

Upon

the consent of the permittee,

the Agency may modify

a permit

to make the corrections or allowances for changes

in the

permitted activity listed in this Section, without following the

procedures

of

35

Ill.

Adrn,

Code 705.

Any permit modification not

processed

as

a minor modification under

this Section must

be made

for

cause

and

with

a

35

Ill. Adm. Code 705 draft permit and

public notice as required in Sections 704.261 through 704.263.

Minor modifications may only:

~J

Correct

typographical errors

b)

Require more frequent monitoring or

reporting by the

permittee

~J

Change an interim compliance date

in a schedule of

compliance, provided the

new date

is not more than 120

days after

the date specified

in the existing permit and

does not interfere with attainment

of the final

compliance date requirement;

or

~J

Allow for

a change

in ownership or operational control

of a facility where

the Agency determines that

no other

change in the permit

is necessary,

provided that

a

written agreement containing a specific date for

transfer

of permit

responsibility,

coverage

and

liability between the current and new permittees has

been submitted to the Agency.

~J

Limited Changes:

~j

Change quantities

or types of

fluids injected which

are

within the capacity of

the

facility

as

permitted and,

in the judgment

of the Agency,

would

not interfere with the operation of

the facility

or

its ability

to meet conditions described in the

permit and would

not change

its classification.

~J

Change construction

requirements approved by the

Agency pursuant

to

35

Ill. Adm. Code 704.182

(establishing UIC permit conditions), provided that

any such alteration shall cor~plywith the

requirements of this Part an~ 35

Ill. Adm.

Code 704

and

730.

~j

Amend

a

plugging

and

abandonment plan which has

been updated under

35

Ill.

Adm. Code 704.181(e).

BOARD NOTE:

Derived from 40 CFR 144.41

(1988)

104

235

---

—22—

(Source:

Added at 13

Ill. Reg.

effective

)

I04—236

---

—23—

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE

G:

WASTE DISPOSAL

CHAPTER

I:

POLLUTION CONTROL

BOARD

SUBCHAPTER b:

PERMITS

PART 705

PROCEDURES FOR PERMIT ISSUANCE

SUBPART A:

GENERAL PROVISIONS

705.141

705.

142

705. 143

705. 144

Scope and Applicability

Definitions

Computation of Time

Permit Application

Completeness

Incomplete Applications

Site

Visit

Effective Date

Decision Schedule

Consolidation of Permit Processing

Modification or Revocation of Permits

SUBPART

C:

APPLICATION REVIEW

Draft Permits

Statement of Basis

Fact Sheet

Administrative Record for Draft Permits or Notices of

Intent

to Deny

SUBPART

D:

PUBLIC NOTICE

SUBPART E:

PUBLIC COMMENT

Public Comments and Requests for Public Hearings

Public Hearings

Obligation to Raise Issues and Provide Information

Reopening of Public Comment Period

SUBPART F:

PERMIT ISSUANCE

Section

705.201

705. 202

705.203

705.204

Final Permit Decision

Stays

In General

Stays for New Applications

Stays

for Reapplications and Modifications

Section

705.101

705.102

705.103

Section

705.121

705.122

705.123

705.124

705.125

705. 126

705. 127

705.128

Section

SUBPART

B:

PERMIT APPLICATIONS

Section

705.161

705.162

705.163

705.164

705.165

Section

705.181

705.182

705.183

705.184

When Public Notice Must Be Given

Timing of Public Notice

Methods of Public Notice

Contents of Public Notice

Distribution of Other Materials

104—237

---

—24—

705.205

Stays Following Interim

Status

705.210

705.211

Administrative Record for Final

Permits or Letters of

705.212

Appendix A Procedures for Permit Issuance

Appendix B Modification Process

Appendix C Application Process

Appendix

D

Application

Review

Process

Appendix E Public Comment Process

Appendix

F

Permit

Issuance

or

Denial

AUTHORITY:

Implementing

Section

13

and

22.4

and authorized by

Section

27

of the Environmental ProtectionAct

(Ill.

Rev.

Stat.

1987,

ch.

ll1~,

pars.

1013,

1022.4

and

1027,

as

amended

by

P.A.

85—1048,

effective

January

1,

1989).

SOURCE:

6

Ill.

Reg.

12,479,

effective as provided in

35

Ill.

Adm.

Code

700.106;

amended at

7

Ill.

Reg.

14352,

effective

as

provided

in

35

Ill.

Adm.

Code

700.106; amended in R84—9,

at

9

Ill.

Reg.

11894,

effective

July

24,

1985;

amended

in

R89—2

at

13

Ill.

Reg.

,

effective

SUBPART

B: PERMIT APPLICATIONS

Section

705.128

Modification

or

Revocation

of

Permits

a)

Permits

may

be

modified

either

at

the

request

of

any

interested person

(including the permittee)

or upon the

Agency’s initiative.

However,

permits may only be

modified for the reasons specified

in

35

Ill. Adm.

Code

~8~-l83704.26l

through ~O2~-l8S704.263.

All requests

shall be

in writing addressed

to the Agency

(Division of

Land Pollution Control) and shall contain facts

or

reasons supporting the request.

b)

If the Agency decides the request

is not justified,

it

shall send the requester

a brief written response giving

a reason for the decision.

Denials of

requests for

modification are not subject

to public notice,

comment

or hearings.

Denial

of

a request to modify may be

appealed to the Board pursuant

to

35

Ill. Adm. Code 105.

c)

Agency Modification Procedures

1)

If the Agency tentatively decides

to initiate steps

to modify a permit under

this Section and

35

Ill.

Adm.

Code

~82--±83704.26l

through

~9~-~85704.263 it

shall,

after giving public notice as though an

application had been received

(Section

705.16l(a)(1)),

prepare

a draft permit under

Section

705.141 incorporating the proposed

104

238

---

—25—

changes.

The Agency

may request additional

information and may require the submission of

an

updated permit application.

For reissued permits,

the Agency shall

require the submission of

a new

application.

2)

In

a

permit

modification

proceeding

under

this

section,

only

those

conditions

to

be

modified

shall

be

reopened

when

a

new

draft

permit

is prepared.

During any modification proceeding,

including

appeals

if any,

the permittee shall comply with all

conditions

of the existing permit until

a new final

permit

is reissued.

3)

“Minor modifications”

as defined in

35

Ill. Adm.

Code ~O 7~8~704.264and “Class

1 and

2

modifications,”

as defined

in

35

Ill. Adm.

Code

703.281

and

703.282,

are

not

subject

to

the

requirements

of

this section.

If the Agency makes

a minor modification,

the modified permit must be

accompanied

by

a letter stating the reasons for the

minor modification.

d)

To the extent that the Agency has authority

to

terminate,

revoke,

or

revoke and reissue permits,

if

it

decides

to

do

so,

it

must

prepare

a

draft

permit

or

notice of

intent

to deny in accordance with Section

705.141.

e)

The Agency or any person may seek the revocation of

a

permit

in

accordance

with Title VIII

of the Illinois

Environmental Protection Act and

in accordance with 35

Ill.

Adm.

Code

103.

Revocation may

be sought only for

those

reasons specified

in

35

Ill. Adm.

Code

702.186 (a)~-±-)-through ~928G-(-a-)-f-4-)-~j.

BOARD NOTE:

Derived from

40 CFR 124.5 ~98~

(1988),

amended at

53

Fed.

Reg.

37934, September

26,

1988.

(Source:

Amended at

13

Ill.

Req.

effective

SUBPART D: PUBLIC NOTICE

Section 705.163

Methods of Public Notice

Public notice of activities described in Section 705.161(a)

shall

be given by the following methods:

a)

By mailing

a copy

of

a notice

to the following persons

(any person otherwise entitled

to receive notice under

this paragraph may waive his or her rights to receive

notice for any classes and categories of permits):

104—230

---

—26—

1)

The

applicant.

2)

Any

other

agency

or

entity

which

the

Agency

knows

is

required

by

state

or

federal

law

to

review

or

approve

issuance

of

a

RCRA

or

UIC

permit

for

the

same

facility

or activity

(including the U.S.

Environmental Protection Agency, other Federal

and

State agencies with jurisdiction over

waterways,

wildlife or other natural

resources,

and other appropriate government authorities,

including

other

affected

States

and

units

of local

government).

3)

Federal

and

State agencies with jurisdiction over

fish,

shellfish

and

wildlife

resources

and

over

costal zone management plans,

the Advisory Council

on Historical Preservation,

State Historic

Preservation Officers, and other appropriate

government authorities, including any affected

States;

4)

Persons on a mailing list developed by:

A)

Including

those

who

request

in writing

to be

on

the

list;

B)

Including participants

in

past

permit

proceedings

in that area;

and

C)

Notifying the public of

the

opportunity

to

be

put on the mailing list through periodic

publication

in the public press and in

governmental publications.

The Agency may

update the mailing list from time

to time by

requesting written indication of continued

interest from those

listed.

The Agency may

delete from the list the name of any person

who fails to respond to such a request.

5)

For

RCRA

permits only:

A)

To any unit

of local government having

jurisdiction over the area where the facility

is proposed

to be located; and

B)

To each State Agency having any authority

under State law with respect

to the

construction

or operation of such facility.

6)

For Class

I

injection well

JIC

permits

only:

to

the Illinois Department of Mines and Minerals.

~J

Any other person or entity which

the Agency has

reason to believe would be particularly interested

104--240

---

—27—

in or affected by the proposed action.

b)

Publication of notice:

1)

For major UIC permits, publication of

a notice

in

a

daily or weekly newspaper of general circulation

within the area affected by the facility or

activity.

2)

For

RCRA

permits,

publication

of

a

notice

in

a

daily or weekly major

local

newspaper

of general

circulation and broadcast over local

radio

stations.

c)

Any other

method

reasonably calculated to give actual

notice of the action

in question to the

persons

potentially affected by

it.

BOARD NOTE:

Derived from 40 CFR 124.10(c) ~98~-~

(1988),

amended at

53 Fed.

Reg.

28147, July 26,

1988.

(Source:

Amended at

13

Ill. Req.

effective

104

241

---

—28—

TITLE 35:

ENVIRONMENTAL PROTECTION

SUBTITLE

G:

WASTE

DISPOSAL

CHAPTER

I:

POLLUTION CONTROL BOARD

SUBCHAPTER

C:

HAZARDOUS WASTE OPERATING REQUIREMENTS

PART

720

HAZARDOUS

WASTE MANAGEMENT SYSTEM:

GENERAL

SUBPART

A:

GENERAL

PROVISIONS

Section

720.101

Purpose,

Scope

and

Applicability.

720.102

Availability

of

Information; Confidentiality

of

Information

720.103

Use

of

Number

and

Gender

SUBPART

B:

DEFINITIONS

Section

720.110

Definitions

720.111

References

SUBPART

C:

RULEMAKING

PETITIONS

AND

OTHER PROCEDURES

Section

720.120

Rulemaking

720.121

Alternative

Equivalent Testing Methods

720.122

Waste

Delisting

720.130

Procedures for Solid Waste Determinations

720.131

Solid

Waste

Determinations

720.132

Boiler

Determinations

720.133

Procedures

for

Determinations

720.140

Additional regulation of certain hazardous waste

Recycling Activities on a case-by—case Basis

720.141

Procedures for case—by—case regulation of hazardous

waste Recycling Activities

Appendix A Overview of

40 CFR,

Subtitle C Regulations

AUTHORITY:

Implementing Section

22.4 and authorized by Section

27 of the Environmental Protection Act

(Ill.

Rev.

Stat.

1987,

ch.

111 1/2, pars.

1022.4 and 1027).

SOURCE:

Adopted

in R8l—22,

43 PCB 427, at

5 Ill. Req.

9781,

effective as noted in

35 111.

Adm.

Code 700.106; amended and

codified in R81—22,

45 PCB 317, at

6

Ill.

rteg.

4828, effective as

noted

in

35 Ill. Mm.

Code 700.106; amended

in R82—l9 at

7

Ill.

Req.

14015, effective Oct.

12, 1983;

amended

in R84—9,

53 PCB 131

at

9

Ill. Reg.

11819,

effective July 24,

1985;

amended in R85—22

at

10

Ill.

Reg.

968, effective January

2,

1986;

amended in R86—1

at

10

Ill.

Req.

13998,

effective August

12,

1986; amended in R86—

19 at

10

Ill.

Req.

20630, effective December

2,

1986;

amended in

R86—28 at

11 Ill.

Reg. 6017,

effective March

24,

1987;

amended

in

R86—46 at

11 Ill.

Req.

13435, effective August

4,

1987;

amended

in R87—5 at

11

Ill. Req.

19280, effective November

12,

1987;

amended in R87—26 at

12

Ill.

Req.

2450,

effective January 15,

1988;

amended

in R87—39 at

12

Ill. Req.

12999, effective July

104242

---

—29—

29,

1988;

amended

in R88—l6

at

13

Ill.

Reg.

362,

effective

December

27,

1988;

amended

in R89—1

at

13

Ill.

Req.

effective

;

as amended

in R89—2 at

13

Ill.

Req.

,

effective

SUBPART B:

DEFINITIONS

Section 720.111

References

a)

The

following

publications

are

incorporated

by

reference:

ANSI.

Available from the American National

Standards Institute,

1430 Broadway, New York, New

York

10018,

(212)

354—3300:

ANSI B3l.3 and B3l.4.

See ASME/ANSI

B3l.3 and

E3l .4

API.

Available from the American Petroleum

Institute,

1220

L Street,

N.W., Washington,

D.C.

20005,

(202)

682—8000:

“Guide

for Inspection

of Refinery Ecuipment,

Chapter XIII, Atmospheric and Low Pressure

Storage Tanks,” 4th Edition,

1981,

reaffirmed

December,

1987.

“Cathodic Protection

of Underground Petroleum

Storage Tanks and Piping Systems,” API

Recommended Practice 1632,

Second Edition,

December,

1987.

“Installation of Underground Petroleum Storage

Systems,” API Recommended Practice 1615,

Fourth Edition, November,

1987.

ASME.

Available from the American Society of

Mechanical Engineers,

345 East

47th

Street, New

York,

NY

10017,

(212)

705—7722:

“Chemical Plant and Petroleum Refinery

Piping”, ASME/ANSI B31.3

—

1987,

as

supplemented by 331.3a

—

1988 and B3l.3b

—

1988.

Also available from ANSI.

“Liquid Transportation Systems for

Hydrocarbons, Liquid Petroleum Gas, Anhydrous

Ammonia, and Alcohols”, ASME/ANSI 331.4

—

1986,

as supplemented by 33l.4a

—

1987.

Also

available from ANSI.

ASTM.

Available from American Society for Testing

and Materials,

1916 Race Street,

Philadelphia, PA

104—243

---

19103,

(215)

299—5400:

“ASTM

Standard

Test

Methods for Flash Point of

Liquids by Setaflash Closed Tester,”

ASTM

Standard D—3828—87.

“ASTM Standard Test Methods for Flash Point

Pensky—Martens Closed Tester,”

ASTM Standard

D—93—79

or

D—93—80.

GPO.

Available from the Superintendent of

Documents,

U.S.

Government

Printing

Office,

Washington, D.C.

20401,

(202)

783—3238:

Standard Industrial Classification Manual

(1972), and 1977 Supplement,

republished

in

1983

NACE.

Available

from the National Association of

Corrosion Engineers,

1400 South Creek Dr.,

Houston,

TX

77084,

(713)

492—0535:

“Control of External Corrosion on Metallic

Buried, Partially Buried,

or

Submerged Liquid

Storage Systems”, NACE Recommended Practice

RP0285—85,

approved March,

1985.

NFPA.

Available from the National Fire Protection

Association, Batterymarch Park, Boston, MA

02269,

(617)

770—3000

or

(800)

344—3555:

“Flammable

and

Combustible

Liquids

Code”,

NFPA

30, issued July

17,

1987.

Also available

from

ANSI.

NTIS.

Available from the National Technical

Information Service,

5285 Port Royal Road,

Springfield,

VA

22161,

(703)

487—4600:

“Generic Quality Assurance Project Plan for

Land Disposal Restrictions Program”,

EPA/530—

SW—87-Oll,

March 15,

1987.

(Document

number

P3 88—170766.

“Methods

for

Chemical Analysis of Water and

Wastes”, Third Edition, March,

1983.

(Document

number PB 84—128677)

“Procedures Manual

for Ground Water Monitoring

at Solid Waste Disposal Facilities”,

EPA—

530/SW—611,

1977.

(Document number PB 84—

174820)

“Test Methods

for Evaluating Solid Waste,

104-244

---

—31—

Physical/Chemical Methods,” EPA Publication

number SW—846 (Second Edition,

1982 as amended

by

Update

I

(April,

1984) and Update

II

(April,

1985))

(Document number

PB 87—

120291)

STI.

Available from the Steel Tank

Institute, 728

Anthony Trail,

Northbrook,

IL

60062,

(312)

498

1980:

“Standard

for Dual Wall Underground Steel

Storage Tanks”

(1986).

USEPA.

Available from United States Environmental

Protection Agency, Office of Drinking Water, State

Programs Division, WH 550 E,

Washington, D.C.

20460:

“Technical Assistance Document:

Corrosion,

Its Detection and Control

in Injection Wells”,

EPA 570/9—87—002,

August,

1987.

b)

Code of Federal Regulations.

Available from the

Superintendent of Documents, U.S. Government Printing

Office, Washington,

D.C.

20401,

(202)

783—3238:

10 CFR 20, Appendix B (1988)

40 CFR 136

(1988)

40 CFR 142

(1988)

40 CFR 220

(1988)

40 CFR 260.20

(1988)

40 CFR 264

(1988)

40 CFR 302.4,

302.5 and 302.6

(1988)

40 CFR

761. (1988)

c)

Federal Statutes

Section

3004 of

the Resource Conservation and Recovery

Act

(42

U.S.C.

6901

et

seq.),

as

amended

through

December

31,

1987.

d)

This Section incorporates no later editions or

amendments.

(Source:

Amended at

13 Ill.

Req.

effective

)

104- 245

---

—32—

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE

G:

WASTE

DISPOSAL

CHAPTER I:

POLLUTION CONTROL BOARD

SUBCHAPTER d:

UNDERGROUND INJECTION CONTROL AND UNDERGROUND

STORAGE TANK

PROGRAMS

PART

730

SUBPART A:

GENERAL

Section

730.101

Applicability,

Scope and Effective Date

730.102

Laws

Authorizing

Regulations

730.103

Definitions

730.104

Criteria

for Exempted Aquifers

730.105

Classification

of

Injection Wells

730.106

Area of Review

730.107

Corrective Action

730.108

Mechanical Integrity

730.109

Criteria for Establishing Permitting Priorities

730.110

Plugging and Abandoning Class

I

and

III Wells

SUBPART

B:

CRITERIA AND STANDARDS APPLICABLE

TO CLASS

I NON-HAZARDOUS WELLS

Section

730.111

Applicability

730.112

Construction Requirements

730.113

Operating, Monitoring and Reporting Requirements

730.114

Information to be Considered by Agency

SUBPART

C:

CRITERIA AND STANDARDS APPLICABLE

TO CLASS II WELLS

Section

730.121

Adoption of Criteria and Standards Applicable

to

Class

II

Wells

by

the Illinois Department of

Mines and Minerals

SUBPART

D:

CRITERIA AND STANDARDS APPLICABLE

TO CLASS III WELLS

Section

730.131

Applicability

730.132

Construction Requirements

730.133

Operating,

Monitoring and Reporting Requirements

730.134

Information

to be Considered by the Agency

SUBPART

F:

CRITERIA AND STANDARDS APPLICABLE

TO CLASS V INJECTION WELLS

Section

730.151

Applicability

104--246

---

730.152

Inventory and Assessment

SUBPART G:

CRITERIA AND STANDARDS APPLICABLE TO CLASS

I

HAZARDOUS WELLS

_______

Applicability and Definitions

_______

Minimum Criteria for Siting

_______

Area of Review

_______

Correction Action

for Wells in the Area of Review

_______

Construction Requirements

_______

Logs,

Samples and Tests Prior

to New Well Operation

_______

Operating Requirements

_______

Testing and Monitoring Requirements

_______

Reporting Requirements

_______

Information to be

Evaluated by the Director

_______

Closure

_______

Post—Closure Care

_______

Financial Responsibility for Post—Closure Care

AUTHORITY:

Implementing Sections

13 and 22.4 and authorized

by

Section

27 of the Environmental Protection Act

(Ill.

Rev.

Stat.

1987 ch.

111 1/2, pars.

1013,

1022.4 and 1027,

as amended by P.A.

85—1048, effective January

1,

1989).

SOURCE:

Adopted

in R8l—32,

47 PCB 93,

at

6

Ill.

Reg.

12,479,

effective as, noted

in

35

Ill. Adm. Code 700.106;

amended in

P.82—

19,

53

PCB

131

at

7

Ill.

Req.

14426 effective as noted

in 35

Ill.

Adm.

Code 700.106;

recodified at

10

Ill.

Req.

14174;

amended

in

P.89—2 at

13

Ill. Req.

,

effective

SUBPART A:

GENERAL

Section 730.101

Applicability,

Scope

and Effective Date

a)

This part sets forth technical criteria and standards

f3r the Underground Injection

Control

(UIC)

Program.

This part should be read

in conjunction with

35

Ill.

Adm. Code 702,

704 and 705 which also apply

to the UIC

program.

35

Ill. Adm.

Code

702 and 704 prescribe the

regulatory requirements for the UIC permit program.

35

Ill. Adm.

Code 705 describes the procedures the Illinois

Environmental Protection Agency

(Agency) will use for

issuing UIC permits.

b)

On and after the date of approva3

by the Bnited States

Env4ron~enta~Protection

Agency

‘(-~SEPA-)- of the

fl~inoi~

~e

program February

1,

1984,

any underground injection

which

is not authorized

by

rule or by permit

is

unlawful.

(Source:

Amended at

13

Ill. Req.

effective

)

Section

730.161

730.162

730.163

73U .164

730.165

730.166

730.167

730.168

730.169

730.170

730.171

730.172

730.173

104- -247

---

—34—

Section

730.103

Definitions

The

following

definitions

apply

to

the

underground

injection

control program.

“Abandoned well” means a well whose use has been

permanently discontinued or which

is

in

a state of

disrepair

such

that

it

cannot

be

used

for

its

intended

purpose

or

for

observation purposes.

“Act”

or

~R?RA~

means

the

Solid

Waste

Disposal

Act,

as

amended

by

the

Resource

Conservation

and Recovery Act of

1976,

(P.L.

94—580,as

amended

by

Pub.

L.

95—609,a~

amended7

42 U.S.C.

6901.)

“Administrator”

means

the

Administrator

of

the

U.S.

Environmental Protection Agency or

hiathe

Administrator’s designee.

“Agency”

means

the

Illinois

Environmental

Protection

Agency.

“Application”

means

the

Agency

forms

for applying for

a

permit,

including

any

additions,

revisions

or

modifications

to

the

forms.

For

RCRA,

application

also

includes the information required by the Agency under

35

Ill. Adm.

Code 703.182

et seq.

(contents of Part B

of

the RCRA application).

“Aquifer” means a geological formation, group of

formations or part of a formation

that

is capable of

yielding

a significant amount

of water

to a well or

spring.

“Area of review”

means the area surrounding an

“injection well” described according

to

the criteria set

forth in Section 730.106 or,

in the case of an area

permit,

the project area plus a circumscribing area the

width of which is either

402 meters

(1/4 of

a mile)

or

a

number calculated according

to the

criteria set forth

in

Section 730.106.

“Casing” means

a pipe or

tubing of appropriate material,

of varying diameter and weight,

lowered into a borehole

during or after drilling

in order to support the sides

of

the hole and thus prevent

the walls from caving,

to

prevent loss of drilling mud

into porous ground or

to

prevent water gas or other fluid

from entering or

leaving

the hole.

“Catastrophic collapse” means

the sudden and utter

failure of overlying “strata” caused by removal of

underlying materials.

1fl~’~--2/’~

---

—35—

“Cementing” means the operation

whereby a cement slurry

is pumped into

a drilled hole

and7~orforced behind the

casing.

“Confining bed” means a body of impermeable or

distinctly

less permeable material stratigraphically

adjacent

to one or more aquifers.

“Conventional mine” means an open pit

or underground

excavation

for the production

of minerals.

“Confining

zone” means

a geological

formation, group of

formations,

or part of a formation

that

is

capable of

limiting fluid movement above an injection

zone.

“Contaminant” means any physical,

chemical,

biological

or radiological substance or matter

in water.

“Date of approval by USEPA of

the Illinois UIC program”

means the date on ~hieh

~SEPA~’

delegatea primacy for

the ~

program for ?±aa~~

~

~V

and V

we~i~to

the State of Hlineia p~ra~antto Section

~422

of the

~SBWA~

and 48 ?FR

±2SFebruary 1,

1984.

“Director” means

the Director of

the Illinois

Environmental Protection Agency or

hiathe

Administrator’s designee.

“Disposal well” means a well used for

the disposal of

waste into a subsurface stratum.

“Effective date of

the UIC program” means the ~‘dateof

approva’ by USEPA of the ~1ino±~

U~? program~February

1,

1984.

“Environmental Protection Act” means

the Environmental

Protection Act

(Ill.

Rev.

Stat.

398fl988 ch. 111 1/2,

par.

1001),

as amended.

“EPA” means the United States Environmental Protection

Agency.

“Exempted aquifer” means an “aquifer” or its portion

that meets

the criteria

in the definition

of

“underground source of drinking water” but which has

been exempted according to

the procedures of

35

Ill.

Adm. Code 704.123,

704.104 and 702.105.

“Lxisting injection well” means an

“injection well”

other than a “new injection well.”

“Experimental technology” means a technology which has

not been proven feasible under the conditions

in which

it

is being tested.

1fl4~249

---

—36—

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

“injection well”

or any other facility or activity

(including land or appurtenances thereto) that is

subject to regulation under the “State”

RCRA

or UIC

program.

“Fault”

means

a

surface

or

zone

of

rock

fracture

along

which

there

has

been

displacement.

“Flow

rate”

means the volume per unit time

of

the

flow

of

a

gas

or

other

fluid

substance

which

emerges

from

an

orifice,

pump

or

turbine

or

which

passes

along

a

conduit

or

channel.

“Fluid”

means material

or substance which

flows or moves

whether

in a semisolid,

liquid

sludge,

gas

or

any other

form or state.

“Formation” means a body of rock characterized by a

degree

of

lithologic

homogeneity

which

is

prevailingly,

but not necessarily, tabular and is mappable on the

earth’s

surface

or

traceable

in

the subsurface.

“Formation fluid” means “fluid” present

in a “formation”

under

natural

conditions

as

opposed

to

introduced

fluids,

such

as

drilling

mud.

“Generator”

means

any

person,

by

site

location,

whose

act

or

process

produces

hazardous

waste

identified or

listed

in

35

Ill.

Mm.

Code

721.

“Groundwater” means

water below the land surface

in ~

zone of saturation.

“Hazardous waste” means

a hazardous waste as defined

in

35

Ill.

Adrn. Code 721.103.

“Hazardous

Waste

Management

facility”

(“HWM

facility”)

means all contiguous

land, and structures,

other

appurtenances and improvements on the land used for

treating, storing or disposing of hazardous waste.

A

facility may consist of several treatment,

storage or

disposal operational units

(for example, one or more

landfills, surface

impoundments or combination of them).

“HWM

facility” means “Hazardous Waste Management

facility.”

“Illinois” means

the State of

Illinois.

“Injection well” means a “well”

into which “fluids” are

being

injected.

104--250

---

—37—

“Injection zone” means

a geological “formation,”

group

of formations or part

of

a formation receiving fluids

through a well.

“Lithology” means the description of

rocks on the basis

of their physical and chemical characteristics.

“Owner or operator” means the owner

or operator

of any

facility

or

activity subject

to regulation under

the

RCRA,

UIC, Environmental Protection Act or 484 ~rograma.

“Packer” means

a device lowered into a well which can

be

expanded

to produce

a fluid—tight

seal.

“Permit” means an authorization,

license or equivalent

control document issued by the Agency to implement

the

requirements

of

this Part and

35

Ill. Adm.

Code 702

through

705.

Permit does not include RCRA interim

status,

(35

Ill.

Adrn. Code

703,

Subpart C),

U1C

authorization by rule (Subpart

C of

35

Ill. Adm. Code

704),

or any permit which has not yet been the subject

of final Agency action,

such as

a

“draft permit”

or a

“proposed permit.”

“Plugging” means the act or process of stopping the flow

of

water,

oil

or

gas

into

or

out

of

a

formation

through

a borehole or well penetrating that formation.

“Plugging

record” means a systematic listing

of

permanent or

temporary abandonment

of water,

oil,

gas,

test,

exploration and waste injection wells, and may

contain

a well

log, description

of amounts and types of

plugging materiaa used,

the method employed for

plugging,

a desc-iption of

formations which are sealed

and a graphic log of the well showing formation

location,

formation thickness and location of plugging

structures.

“Pressure” means the total load

or force per unit area

acting on a surface.

“Project”

means

a

group

of

wells

in

a

single

operation.

“Radioactive Waste” means any waste which contains

radioactive material

in concentrations which exceed

those listed in

10 CFR 20,

Appendix B,

Table II, Column

2,

incorporated

by reference

in 35

Ill. Adm.

Code

720.111.

“RCRA” means the Se~idWaste Bisposal Aer as amended by

the Resotiree eonservation and Recovery Act of

~9~6

-(-Pt~b7

b~94—5887 as amended

by Pt~bTb~95-6897 4~B~5~~E-

104- -2 51

---

—38—

“SDWA” means

the Safe Drinking Water Act

(Pub.

L. 95—

523, as amended by

Pub.

L.

95—190,

42 U.S.C.

300(f)).

“Site” means

the land or water area where any facility

or activity

is physically located or conducted,

including adjacent land used in connection with the

facility or activity.

“Sole or principal source aquifer” means an aquifer

which has been designated by the Administrator pursuant

to Sections 1424(a)

or

“State” means

the State of Illinois.

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

or

layer,

regardless

of

thickness,

that

consists

of

generally the same kind of rock material.

“Subsidence” means the lowering of

the natural land

surface in response to:

earth movements;

lowering of

fluid pressure,

removal of underlying supporting

material by mining or solution of solids, either

artificially

or

from

natural

causes;

compaction

due

to

wetting

(Hydrocompaction);

oxidation

of

organic

matter

in soils;

or added load on the land surface.

“Surface casing” means

the first string of well casing

to be installed in the well.

“Total dissolved solids”

(“TDS”) means the total

dissolved (filterable) solids as determined by use of

the method specified

in 40 CFR 136,

incorporated by

reference

in

35

Ill.

Adm. Code 720.111.

“UIC” means

the Underground Injection Control program

under Part C of the Safe Drinking Water Act,

including

the approved Illinois program.

“Underground injection” means a “well injection.”

“Underground source of drinking water”

(“USDW”) means an

“aquifer”

or

its portion:

Which supplies any public water

system;

or

Which contains a sufficient quantity of groundwater

to

supply

a public water

system;

and

Currently supplies drinking water

for human

consumption; or

Contains less than 10,000 mg/IL total

dissolved

solids;

and

104 252

---

—39—

Which

is not an exempted

“aquifer”.

“USDW” means “underground source of drinking water.”

“Well” means a bored, drilled or driven shaft,

or

a dug

hole,

whose depth is greater

than the largest surface

dimension.

“Well injection”

means the subsurface emplacement of

fluids through

a bored,

drilled or

driven well;

or

through

a dug well, where

the depth of the dug well

is

greater than the largest surface dimension.

“Well

plug” means

a watertight and gastight seal

installed

in a borehole

or well

to prevent movement of

fluids.

“Well stimulation” means several processes used to clean

the well bore, enlarge channels and increase pore space

in the interval to be injected thus making

it possible

for wastewater

to move more readily

into the formation,

and includes surging,

jetting, blasting,

acidizing and

hydraulic fracturing.

“Well monitoring” means

the measurement,

by on—site

instruments or laboratory methods,

of the quality of

water

in

a well.

BOARD NOTE:

Derived from 40 CFR 146.3

(1988).

(Source:

Amended at

13

Ill. Req.

effective

SUBPART

B:

CRITERIA AND STANDARDS APPLICABLE TO

CLASS

I NON-HAZARDOUS WELLS

Section 730.111

Applicability

This Subpart establishes criteria and standards for underground

injection control programs

to regulate Class

I non—hazardous

wells.

BOARD NOTE:

Derived from 40 CFR 146.11 (1988),

as amended at

53

Fed. Reg.

28148, July

26,

1988.

(Source:

Amended at

13

Ill. Reg.

effective

Section 730.113

Operating, Monitoring and Reporting

Requirements

a)

Operating Requirements.

Operating requirements shall,

at

a minimum, specify that:

104 253

---

—40—

1)

Except

during

stimulation,

injection

pressure

at

the

wellhead

shall

not

exceed

a

maximum

which

shall

be calculated so as

to assure that the pressure

in

the injection zone during

injection does not

initiate new fractures or propagate existing

fractur~sin the injection zone.

In no case shall

injection pressure initiate fractures

in the

confining zone or cause the movement of injection

or formation fluids into an underground source of

drinking

water.

2)

Injection between

the outermost casing protecting

underground sources of drinking water and the well

bore

is

prohibited.

3)

Unless

an

alternative

to

a

packer

has

been

approved

under Section 730.112(c),

the annulus between the

tubing and the long string of casings shall be

filled with a fluid approved by the Agency permit

condition, and a pressurer a’so approved by the

Ageney7

prescribed

by

permit

condition

shall

be

maintained

on

the

annulus.

b)

Monitoring Requirements.

Monitoring requirements shall,

at a minimum,

include:

1)

The analysis of the injected fluids with sufficient

frequency

to yield representative data

of their

characteristics;

2)

Installation and use of continuous recording

devices

to monitor injection pressure,

flow rate

and volume, and the pressure on the annulus between

the tubing and the long string of casing;

3)

A demonstration of mechanical integrity pursuant to

Section 730.108 at least once every five years

during the life of the well;

and

4)

The

type,

number

and

location

of

wells

within

the

area of review to be used

to monitor any migration

of fluids into and pressure

in the underground

sources of drinking water,

the parameters

to be

measured and the frequency of monitoring.

c)

Reporting Requirements.

Reporting requirements shall,

at a minimum,

include:

1)

Quarterly reports to the Agency on:

A)

The physical,

chemical and other

relevant

characteristics

of injection fluids;

B)

Monthly average, maximum and minimum values

.104—254

---

—41—

for injection pressure,

flow rate and volume,

and annular pressure; and

C)

The results of monitoring prescribed under

subsection

(b)(4)

2)

Reporting the results, with the first quarterly

report after the completion of:

A)

Periodic tests of mechanical integrity;

B)

Any other

test of the injection well conducted

by the permittee

if required by the Agency

permit condition and

C)

Any well work over.

~fl

Ambient monitoring.

fl

Based on

a site-specific assessment

of the

potential for fluid movement from the well or

injection zone and on the potential value of

monitoring wells

to detect such movement,

the

Agency shall require the owner or operator to

develop a monitoring program.

At a minimum, the

Agency shall

require monitoring of the pressure

buildup in the injection zone annually, including

at

a minimum,

a shut down of the well

for a time

sufficient

to conduct

a valid observation of the

pressure fall—off curve.

~J

When prescribing a monitoring system the Agency may

also require:

~j

Continuous monitoring for pressure changes

in

the first aquifer overlying the confining

zone.

When such a well is installed, the

owner or operator

shall, on a quarterly basis,

sample the aquifer and analyze for

constituents specified by permit condition

~J

The use of

indirect, geophysical techniques to

determine the position of the waste

front,

the

water quality in a formation designated by

permit condition or to provide other

site—

specific

data

ci

Periodic monitoring of the ground water

guality

in the first aquifer overlying the

injection zone

~J

Periodic monitoring of the ground water

quality

in the lowermost USDW;

and

1fl4—-.255

---

—42—

~J

Any additional monitoring necessary to

determine whether fluids are moving into or

between USDWs.

BOARD NOTE:

Derived from 40 CFR 146.13

(1988),

as amended at

53 Fed. Reg.

28148, July 26,

1988.

(Source:

Amended at 13

Ill.

Reg.

effective

)

SUBPART G:

CRITERIA AND STANDARDS APPLICABLE TO CLASS

I

HAZARDOUS

WELLS

Section 730.161

Applicability and Definitions

~j

This Subpart establishes criteria and standards for

underground injection control programs to regulate Class

I hazardous waste injection wells.

Unless otherwise

noted, this Subpart supplements the requirements of

Subpart A and applies instead of Subpart B to Class

I

hazardous waste injection wells.

~

Definitions

“Cone of influence” means that area around the well

within which increased injection zone pressures

caused by injection into the hazardous waste

injection well would be sufficient to drive fluids

into

a USDW.

“Existing well” means a Class

I well which had a

UIC permit or UIC permit by rule prior

to August

25, 1988 or

a well which has become a Class

I well

as

a result of

a change

in the definition of the

injected waste which would

render the waste

hazardous under

35

Ill.

Adm. Code 721.103.

“Injection interval” means that part of the

injection zone

in which

the well

is screened, or

in

which the waste is otherwise directly emplaced.

“New well”

means any Class

I hazardous waste

injection well which

is not an existing well.

“Transmissive

fault or fracture”

is

a fault

or

fracture that has sufficient permeability and

vertical extent

to allow fluids

to move between

formations.

BOARD NOTE:

Derived from 40 CFR 146.61,

as added at

53

Fed.

Reg.

28148,

July

26,

1988.

104-~256

---

—43—

(Source:

Added at

13

Ill. Req.

effective

)

Section

730.162

Minimum Criteria for

Siting

All Class

I hazardous waste injection wells must be

sited such that they inject into a formation that

is

beneath the lowermost formation containing, within

402

meters

(1/4 mile)

of the well bore,

a EJSDW.

~

The siting

of Class

I hazardous waste injection wells

shall be

limited to areas

that are geologically

suitable.

The Agency shall determine geologic

suitability based upon:

An analysis

of the structural and stratigraphic

geology,

the hydrogeology and the seismicity of the

region

2)

An analysis of the local geology and hydrogeology

of

the well

site,

including,

at

a minimum, detailed

information regarding stratigraphy, structure and

rock properties,

aquifer hydrodynamics and mineral

resources; and

3)

A determination that the geology of the area can

be

described confidently and that limits of waste fate

and transport can be accurately predicted through

the use of models.

c)

Class

I hazardous waste injection wells shall

be sited

such that:

~j

The injection zone has sufficient permeability,

porosity, thickness and area extent

to prevent

migration of fluids

into USDWs; and

~j

The confining zone:

Is laterally continuous and free of

transecting, transmissive faults or fractures

over an area sufficient

to prevent the

movement

of fluids into a USDW; and

~j

Contains

at least one formation of sufficient

thickness and with litriologic and stress

characteristics capable

of preventing vertical

propagation

of fractures.

~J

The owner or operator

shall demonstrate to the Agency

that:

~j

The confining zone is separated from the base of

the lowermost USDW by at least one sequence of

104--257

---

—44—

II

II

permeable and less permeable strata that will

provide an added layer of protection for the USDW

in the event of fluid movement in an unlocated

borehole or transmissive fault; or

~j

Those portions of a permit application for the

particular injection activities and site which

are relevant to the Board’s determination; and

~J

Such other

relevant information that the Board

may by order

require pursuant to 35

Ill. Mm.

Code 106.705(1).

BOARD NOTE:

Derived from

40 CFR 146.62,

as

added at

53

Fed.

Req.

28148,

July

26,

1988.

Added at

13

Ill. Reg.

effective

Section 730.163

Area of Review

For the purposes

of Class

I hazardous waste injection wells,

this

Section applies instead of Section 730.106.

The area of review

for Class

I hazardous waste wells

shall be

a 2—mile radius around

the well bore.

The Agency may specify by permit condition a

larger area of review

in the UIC permit

based on the calculated

cone of influence of the well.

BOARD NOTE:

Derived from 40 CFR 146.63,

added at

53 Fed. Req.

28148, July 26,~l988...

Within the area of review,

the piezometric surface

of the fluid

in the injection zone is less than the

piezometric surface of the lowermost USDW,

considering density effects,

injection pressures

and any significant pumping

in the overlying USDW;

or

There

is no USDW present.

The owner or operator of

a site which does not meet

the requirements in subsection (d)(l),

(d)(2), or

(d)(3) may petition the Board

for an adjusted

standard pursuant to 35

Ill. Adm. Code 106.Subpart

G.

The Board may grant an adjusted standard

approving such a site

if

it determines

that because

of site geology, nature of the wastes involved, or

other considerations,

abandoned boreholes or other

conduits would not cause an endangerment of

USDW5.

A petition for an adjusted standard under

this subsection must include the following

components:

104 -253

---

—45—

The owner or operator

of a Class

I hazardous waste well

shall, as part

of the permit application,

submit

a plan

to the Agency outlining the protocol used to:

fl

Identify all wells penetrating the confining zone

or injection zone within the area of review;

and

~j

Determine whether wells are adequately completed or

plugged.

The owner

or operator of

a Class

I hazardous waste well

shall identify the location of all wells within the area

of review that penetrate the injection zone or the

confining zone and shall submit as required

in Section

730.170(a):

fl

A tabulation of all wells within the area of

review

that penetrate the injection zone or

the confining

zone;

and

A description of each well

or type of well and any

records of its plugging

or completion.

~j

For wells that the Agency determines are improperly

plugged,

completed or abandoned,

or

for which plugging

or

completion information

is unavailable,

the applicant

shall also submit a plan consisting

of such steps or

modification as are necessary

to prevent movement of

fluids into or between USDW5.

Where the plan is

adequate,

the Agency shall

incorporate

it into the

permit as

a condition.

Where

the Agency’s review of an

application indicates the permittee’s plan is inadequate

(based at

a minimum on the factors

in subsection

(e)),

the Agency shall:

fl

Require the applicant to revise the plan

~J

Prescribe

a plan

for corrective action as

a

condition of

the permit;

or

~J

Deny the application

~J

Requirements:

(Source:

Added at

13

Ill. Req.

effective

Section 730.164

Corrective Action for Wells

in

the Area of

Review

For the purposes

of Class

I hazardous waste injection wells,

this

Section applies instead of

35

Ill. Adm. Code 704.193

and Section

730.107.

104 -2

---

—46—

fl

Existing injection wells.

Any permit

issued for an

existing Class

I hazardous waste injection well

requiring corrective action other than pressure

limitations must include a compliance schedule

under

35 Ill.

Adm. Code 702.162 requiring any

corrective action accepted or prescribed under

subsection

(C).

Any such compliance schedule must

provide for compliance no later than

2 years

following issuance of the permit and must require

observance of appropriate pressure limitations

under subsection (d)(3)

until all other corrective

action measures have been implemented.

II

New injection wells.

No owner or operator of

a new

Class

I

hazardous waste injection well may begin

injection until all corrective actions required

under this Section have been taken.

~

The Agency may require pressure limitations

instead of plugging.

If pressure limitations are

used instead of plugging,

the Agency shall require

as

a permit condition that injection pressure be

limited so that pressure

in the injection zone at

the site of any improperly completed or abandoned

well within the area of review would not be

sufficient to drive fluids into or between USDWs.

This pressure

limitation shall satisfy the

corrective action requirements.

Alternatively,

such injection pressure limitation may be made part

of a compliance schedule under

35 Ill.

Adm. Code

702.162 and may be required to be maintained until

all o:her required corrective actions have been

implemented.

~J

The Agency shall consider the following criteria and

factors

in determining

the adequacy of corrective action

proposed by the applicant under subsection

(c)

and

in

determining the additional

steps needed

to prevent fluid

movement

into

and

between

USDW5:

~j

Nature and volume of injected fluid

~J

Nature of native fluids or byproducts of injection

~J

Geology

~J

Hydrology

5)

History of the injection operation

~J

Completion and plugging records

LL

Closure procedures

in effect at the time the well

was closed

104-260

---

—47—

~J

Hydraulic connections with USDW5

~

Reliability of the procedures used

to identify

abandoned wells;

and

~

Any other factors which might affect the movement

of

fluids into or between USDWs.

BOARD NOTE:

Derived from

40 CFR 146.64, as added

at

53

Fed.

Req.

28149, July

26,

1988.

(Source:

Added at

13

Ill. Reg.

effective

Section 730.165

Construction Requirements

~j

General.

All existing and new Class

I hazardous waste

injection wells shall be constructed and completed to:

~J

Prevent the movement of fluids into or between

USDWs or into any unauthorized zones

~

Permit

the use of appropriate testing devices and

workover tools;

and

II

Permit

continuous monitoring of injection tubing

and long string casing

as required pursuant

to

Section 730.167(f)

~

Compatibility.

All well materials must be compatible

with fluids with which the materials may be expected to

come into contact.

The owner or operator shall employ

any compatability testing method specified by permit

condition.

The owner

or operator may otherwise refer

to

“Technical Assistance Document:

Corrosion,

Its

Detection and Control

in Injection Wells,” EPA 570/9—87—

002,

incorporated by reference at

35

Ill. Adm. Code

720.111.

~J

Casing and Cementing New Wells.

II

Casing and cement used

in the construction

of

each

newly drilled well shall

be designed for the life

expectancy of the well,

including the post—closure

care period.

The casing and cementing program

shall

be designed to prevent the movement of

fluids

into or between USDWs, and to prevent potential

leaks

of

fluids

from

the

well.

The

Agency

shall

consider the following informacJon as required by

Section 730.170

in determining and specifying

casing and cementing requirements:

~j

Depth

to the injection zone

104-261

---

—48—

~J

Injection pressure, external pressure,

internal pressure and axial loading

~J

Hole size

~J

Size and grade of all casing strings

(well

thickness,

diameter, nominal weight, length,

joint specification and construction

material)

~J

Corrosiveness of injected fluid, formation

fluids and temperature

~J

Lithology of injection and confining zones

ç~j

Type or grade

of cement; and

~J

Quantity and chemical composition of the

injected fluid.

~

One surface casing string must,

at a minimum,

extend into the confining bed below

the lowest

formation that contains

a USDW and be cemented by

circulating cement from the base of the casing to

the surface, using a minimum of 120

of

the

calculated annular volume.

The Agency may require

more than 120

when the geology or other

circumstances warrant

it.

II

At least one long string casing, using a sufficient~

number

of centralizers, must extend

to the

injection zone and must

be cemented by circulat~

cement to the surface

in one or more stages:

~j

Of sufficient quantity and quality to

withstand the maximum operating pressure; and

In a quantity no less than 120

of the

calculated volume necessary to fill the

annular space.

The Agency shall

require more

than 120

when the geology or other

circumstances warrant

it.

~j

Circulation of cement may be accomplished by

staging.

The Agency may approve an alternative

method of cementing in cases where the cement

cannot be recirculated to the surface, provided the

owner or operator can demonstrate by using

logs

that the cement

is continuous and does not allow

fluid movement behind the well

bore.

~J

Casings,

including any casing connections, must be

rated to have sufficient structural strength

to

104-262

---

—49—

withstand,

for the design life of the well:

~

The maximum burst and collapse pressures which

may be experienced during the construction,

operation and closure of the well;

and

~J

The maximum tensile stress which may be

experienced

at any point along the length of

the casing during the construction, oper~ting,

and closure of the well.

~j

At

a minimum,

cement and cement additivies must be

of sufficient quality and quantity to maintain

integrity over the design

life of the well.

~j

Tubing and packer.

fl

All Class

I hazardous waste injection wells must

inject fluids through tubing with a packer

set at

a

point specified by permit condition.

In determining and specifying requirements for

tubing and packer,

the following factors must be

considered

~

Depth of setting

~J

Characteristics of injection fluid

(chemical

content,

corrosiveness, temperature and

density)

ci

Injection pressure

~

Annular pressure

~J

Rate

(intermittent or continuous), temperature

and volume of injected fluid

~J

Size

of

casing;

and

çfl

Tubing tensile,

burst,

and collapse strengths.

~j

The Agency may approve the use of

a fluid seal

if

it determines that the following conditions are

met:

A)

The operator demonstrates that the seal will

provide a level

of protection comparable

to

a

packer

~j

The operator demonstrates that the staff

is,

and will remain, adequately trained to operate

and maintain the well and

to identify and

interpret variations

in parameters of concern

104--263

---

—50—

ci

The permit contains specific limitations on

variations

in annular pressure and loss of

annular fluid

~j

The design and construction of the well allows

continuous monitoring

of the annular pressure

and mass balance of annular fluid; and

,~j

A secondary system is used

to monitor the

interface between the annulu~fluid and the

injection fluid and the permit contains

requirements for testing the system every

three months and recording the results.

BOARD NOTE:

Derived from 40 CFR 146.65, added

at

53 Fed.

Req.

28149, July

26,

1988.

(Source:

Added at 13

Ill. Reg.

effective

)

Section 730.166

Logging,

Sampling, and Testing Prior to New

Well Operation

~J

During the drilling and construction of a new Class

I

hazardous waste injection well,

the owner or operator

shall run appropriate logs and tests

to determine or

verify the depth, thickness, porosity, permeability,

rock type and the salinity of any entrained fluids

in,

all relevant geologic units

to assure conformance with

performance standards in Section 730.165

and to

establish accurate baseline data against which future

measurements may be compared.

A descriptive report

interpreting results of such logs and tests shall be

prepared by

a knowledgeable log analyst and submitted

to

the Agency.

At

a minimum,

such logs and tests must

include:

fl

Deviation checks during drilling on all holes

constructed by drilling

a pilot hole which is

enlarged by reaming or another method.

Such checks

must be at sufficiently frequent intervals to

determine the location of the borehole and

to

assure

that vertical avenues

for

fluid movement

in

the form of diverging holes are not created during

drilling;

and

~J

Such other

logs and tests as may

be needed after

taking into account

the availability of similar

data

in the area of the drilling site,

the

construction plan,

and the need for additional

information that may arise from time

to time as the

construction of the well progresses.

At a minimum,

the following logs must be

required

in the

104 264

---

—51—

following situations:

~J

Upon installation of

the surface

casing:

~j

Resistivity, spontaneous potential,

and

caliber logs before the casing

is

installed;

and

A cement bond and variable density log,

and

a temperature log after the casing

is

set and cemented;

and

~J

Upon installation of the long string casing:

4j

Resistivity,

spontaneous potential,

porosity, caliper, gamma

ray, and

fracture finder logs before the casing

is

installed;

and

4~J

A cement bond and variable density log,

and

a temperature log after

the casing

is

set and cemented;

and

~

The Agency shall allow the use of an

alternative

to the above

logs when an

alternative will provide equivalent

or better

information;

and

3)

A mechanical integrity test consisting of:

A pressure test with liquid or gas;

A radioactive tracer survey

çj

A temperature or noise

log;

A casing inspection log,

if required by permit

condition;

and

~J

Any other

test required

by permit condition.

~

Whole cores

or sidewall cores of

the confining and

injection

zones and formation fluid samples

from the

injection zone must

be taken.

The Agency may accept

cores from nearby wells

if the owner or operator can

demonstrate that core retrieval

is not possible and that

such cores are representative

of conditions at

the

well.

The Agency may require

the owner

or operator

to

core other

formations in the borehole.

~J

The fluid temperature, pH, conductivity, pressure and

the static fluid level of

the injection zone must be

recorded.

104--265

---

—52—

~j

At a minimum,

the following information concerning the

calculated for Class

I hazardous waste injection wells:

fl

Fracture pressure

ii

Other physical and chemical characteristics of the

injection and confining zones; and

fl

Physical and chemical characteristics of the

formation fluids in thc injection zone.

~j

Upon completion, but prior to operation,

the owner or

operator shall conduct the following tests to verify

hydrogeologic characteristics of the injection zone:

fl

A pump test;

or

~

Injectivity tests.

fl

The Agency shall have the opportunity to witness all

logging and testing required by this Subpart.

The owner

or operator shall submit a schedule of such activities

to the Agency not less than

30 days prior

to conducting

the first test.

BOARD

NOTE:

Derived from 40 CFR 146.66,

as added at

53

Fed. Reg.

28150, July 26,

1988.

(Source:

Added at 13

Ill.

Req.

effective

Section

730.167

Operating

Requirements.

~J

Except during stimulation,

the owner or operator shall

assure that injection pressure

at the welihead does not

exceed a maximum which shall

be calculated so as

to

assure that the pressure

in the injection zone during

injection does not initiate new fractures or propagate

existing fractures

in the injection zone.

The owner

or

operator shall assure that the injection pressure does

not initiate fractures or propagate existing fractures

in the confining zone,

nor cause

the movement of

injection or formation fluids into a USDW.

~J

Injection between the outermost casing protecting USDWs

and the well bore

is prohibited.

~j

The owner

or operator shall maintain an annulus pressure

that exceeds the operating injection pressure, unless

the Agency determines

that such a requirement might harm

the integrity of the well.

The fluid

in the annulus

must be noncorrosive, or must contain a corrosion

inhibitor.

104 266

---

—53—

~

The owner

or operator

shall maintain mechanical

integrity of the injection well

at all times.

~J

Permit requirements for owners or operators

of hazardous

waste injection wells which inject wastes which have the

potential to react with the injection formation to

generate gases must include:

1)

Conditions limiting the temperature,

pH or acidity

of the injected waste;

and

~J

Procedures necessary to assure

that pressure

imbalances which might

cause

a backflow or blowout

do not occur.

~!J

The owner

or operator shall

install and use continuous

recording devices

to monitor:

the injection pressure;

the flow rate,

volume, and temperature

of injected

fluids,

and the pressure on the annulus between the

tubing and the long string casing,

and shall install and

use:

II

Automatic alarm and automatic shut-off systems,

designed to sound and shut-in the well when

pressures and flow rates

or other parameters

specified by permit condition exceed

a range or

gradient specified in the permit;

or

j)

Automatic alarms, designed

to

sound when the

pressures and flow rates or other parameters exceed

a rate or gradient specified

in the permit,

in

cases where the owner

or operator certifies that a

trained operator will

be on-site at all times when

the well

is operating.

If an automatic alarm or shutdown

is triggered,

the

owner or operator shall

immediately investigate and

identify the cause of the alarm or shutoff without undue

delay.

If,

upon such investiqation,

the well appears to

be lacking mechanical

integrity,

or

if monitoring

required under

subsection

(f)

otherwise indicates that

the well may be lacking mechanical integrity,

the owner

or operator shall:

fl

Stop injecting waste fluids unless authorized by

permit condition to continue or resume injection

~j

Take all necessary steps

to determine the presence

or absence of

a leak; and

~J

Notify the Agency within 24 hours

after the alarm

or shutdown.

104—267

---

—54—

~fl

If

a

loss

of

mechanical integrity is discovered pursuant

to subsection

integrity testing,

the owner or operator shall:

fl

Immediately

cease

injection

of

waste

fluids

j~

Take all steps reasonably necessary to determine

wastes or hazardous waste constituents into any

unauthorized zone

fl

Notify the Agency within

24 hours after loss of

mechanical integrity is discovered

~J

Notify the Agency when injection can be expected to

resume;

and

~J

Restore and demonstrate mechanical integrity

pursuant

to Section 730.108 prior

to resuming

injection of waste

fluids.

fl

Whenever the owner

or operator obtains evidence that

there may have been a release of

injected wastes into an

unauthorized zone:

fl

The owner

or operator shall immediately case

injection of waste

fluids,

and:

~

Notify the Agency within

24 hours of obtaining

such evidence

~J

Take all necessary steps

to identify and

characterize the extent of

any

release

~

Comply with any remediation plan specified by

permit condition

~

Implement any remediation plan specified by

permit condition;

and

~j

Where such release

is into a USDW currently

serving as a water supply,

place a notice

in

a

newspaper of general circulation.

~J

The Agency shall permit the operator to resume

injection prior

to completing cleanup action

if the

owner or operator demonstrates that the injection

operation will not endanger USDWs.

j~

The owner or operator

shall notify the Agency and obtain

a permit modification prior

to conducting any well

workover.

104- 26~

---

—55—

BOARD NOTE:

Derived from 40 CFR 146.67,

as added at

53

Fed.

Req.

28150, July 26,

1988.

(Source:

Added at

13

Ill. Req.

effective

Section 730.168

Testing and Monitoring Requirements

Testing and monitoring requirements shall

at

a minimum include:

~j

Monitoring of

the injected wastes.

fl

The owner or operator shall develop and follow an

approved written waste analysis plan that describes

the procedures

to be carried out

to obtain a

detailed chemical and physical analysis of

a

representative sample of the waste,

including the

quality assurance procedures

used.

At

a minimum,

the plan shall

specify:

~J

The parameters for which the waste will be

analyzed and the rationale

for the selection

of these parameters

B)

The test methods that will be

used to test for

these

parameters;

and

ci.

The sampling method that will be used to

obtain

a representative sample of

the waste

to

be analyzed.

~j

The owner

or operator

shall repeat the analysis of

the injected wastes

as described in the waste

analysis plan at frequencies specified

in the waste

analysis plan and when process or operating changes

occur

that may significantly alter the

characteristics of the waste stream.

~J

The owner or operator shall conduct continuous or

periodic monitoring of selected parameters as

required by permit condition.

~j

The owner or operator

shall assure that the plan

remains accurate and the analyses remain

representative.

~J

Hydrogeologic compatibility determination.

The owner or

operator shall submit information demonstrating that the

wastestream and its anticipated reaction products will

not alter the permeability, thickness or other relevant

characteristics of the confining or

injection zones such

that they would no longer meet the requirements

specified

in Section 730.162.

10/’

169

---

—56—

~

Compatibility of well

materials.

fl

The owner or operator shall demonstrate that the

waste stream will be compatible with the well

materials with which the waste is expected to come

into contact, and submit to the Agency a

description of the methodology used to make that

determination.

Compatibility for the purposes of

this requirement is established if contact with

injected fluids will not cause the well materials

to fail to satisfy any design requirement imposed

under Section 730.165(b).

II

The Agency shall require continuous corrosion

monitoring

of

the

construction

materials

used

in

the well for wells injecting corrosive waste, and

may require such monitoring for other wastes,

by:

~J

Placing coupons of the well construction

materials

in contact with the waste stream;

or

~

Routing the waste stream through a loop

constructed with the material used in the

well;

or

~

Using an alternative method approved by permit

condition.

~j

If a corrosion monitoring program is required:

~j

The test must use materials identical to those

used

in the construction of the well, and such

materials must be continuously exposed to the

operating pressures and temperatures (measured

at the well head)

and flow rates of the

injection operation;

and

~

The owner

or operator shall monitor the

materials for loss of mass,

thickness,

cracking,

pitting and other signs of corrosion

on

a quarterly basis to ensure that the well

components meet

the minimum standards for

material strength and performance set forth in

Section

730.165(b).

~J

Periodic mechanical integrity testing.

In fulfilling

the requirements of Section 730.108,

the owner or

operator of

a Class

I hazardous waste injection well

shall conduct the mechanical

integrity testing as

follows:

~j

The long string casing,

injection tube, and annular

seal must be tested by means of an approved

pressure

test

with

a

liquid

or

gas

annually

and

104- -270

---

—57—

whenever there has been

a well workover

fl

The bottom—hole cement must be tested by means

of

an approved radioactive tracer survey annually

~J

An approved temperature,

noise,

or other approved

log must be run at least once every

five years

to

test

for movement of fluid along the borehole.

The

Agency may require such tests whenever

the well

is

worked over

~J

Casing inspection logs must

be run at least once

every five years unless the permit specifies

otherwise due to well construction or

other factors

which

lirrit

the test’s reliability;

and

5)

Any other test specified by permit condition

in

accordance with the procedures

in Section

730.108(d)

may also be used.

e)

Ambient Monitoring.

1)

Based on a site—specific assessment of the

potential

for fluid movement

from the well or

injection zone, and on the potential value of

monitoring wells

to detect such movement,

the

Agency shall require the owner

or operator

to

develop a monitoring program.

At

a minimum,

the

Agency shall

require monitoring

of the pressure

buildup in the injection zone annually,

including

at a minimum,

a shut down of

the well for

a time

sufficient

to conduct

a valid observation of the

pressure fall—off curve.

~J

When prescribing

a monitoring system the Agency may

also require:

~j

Continuous monitoring

for pressure changes

in

the first aquifer overlying the confining

zone.

When such

a well

is installed,

the

owner

or operator shall, on a quarterly basis,

sample

the aquifer and analyze

for

constituents specified by permit condition

~j

The use of indirect, geophysical

techniques

to

determine the position of the waste

front,

the

water quality in

a formation designated by

permit condition,

or

to provide other

site—

specific data

ci.

Periodic monitoring

of the groundwater quality

in the first aquifer overlying

the injection

zone

104 ~71

---

—58—

p~j

Periodic monitoring

of the ground water

quality in the lowermost USDW

~J

Any additional monitoring necessary to

between USDWs; and

~j

The

Agency may require seismicity moriitorinq

when it has reason to believe that the

cause seismic disturbances.

BOARD NOTE: Derived from 40 CFR 146.68, as

added at

53 Fed. Req.

28151, July 26,

1988.

(Source:

Added at

13 Ill.

Req.

effective

)

Section

730.169

Reporting

Requirements

Reporting requirements must,

at

a minimum,

include:

~J

Quarterly reports to the Agency containing:

fl

The maximum injection pressure;

A description of any event that exceeds operating

parameters for annulus pressure or

injection

pressure as specified in the permit;

A description of any event which triggers an alarm

or shutdown device required pursuant to Section

730.167(f)

and the response taken

~j

The total volume of

fluid injected

~j

Any change

in the annular fluid volume

~J

The physical,

chemical and other relevant

characteristics of injected fluids; and

2i

The results of monitoring prescribed under Section

730.168;

and

~J

Reporting, within

30 days or with the next quarterly

report whichever comes

later,

the results of

~j

Periodic tests of mechanical integrity

~j

Any other test of the injection well conducted by

the permittee

if required by permit condition;

and

~j

Any well workover.

104—272

---

—59—

BOARD NOTE: Derived from 40 CFR 146.69,

as added at

53 Fed. Reg.

28152, July 26,

1988.

(Source:

Added at

13

Ill. Req.

effective

Section

730.170

Information to be Evaluated

This section sets forth the information which must

be evaluated

by the Agency

in authorizing Class

I hazardous waste injection

wells.

For

a new Class

I hazardous waste injection well,

the

owner

or operator shall submit all the information listed below

as part

of the permit application.

For an existing or converted

Class

I hazardous waste injection well,

the owner

or operator

shall submit all information listed below as part

of the permit

application except

for those

items of

information which are

current, accurate and available in the existing permit file.

For

both existing and new Class

I hazardous waste injection wells,

certain maps,

cross—sections,

tabulations of wells within

the

area

of review and other data may be included

in the application

by reference,

provided they are current

and readily available to

the Agency

(for exam~1e, in the permitting Agency’s file)

and

sufficiently identifiable to

be retrieved.

~j

Before issuing

a permit

for an existing Class

I

hazardous waste injection well

to operate or

the

construction or conversion

of

a new Class

I hazardous

waste injection well,

the Agency shall review the

following to assure that the requirements

of this Part

and 35

Ill. Adm.

Code 702 and 704 are met:

II

Information required

in

35 Ill.

Adm. Code 704.161

j~

A map showing the injection well

for which a permit

is sought and the applicable area of review.

Within

the area of

review,

the map must show the

number

or name and location of all producing wells,

injection wells, abandoned wells, dry holes,

surface bodies of water,

springs, mines

(surface

and subsurface),

quarries, water wells and other

pertinent surface features, including residences

and roads.

The map must also show faults,

if known

or

suspected

~j

A tabulation of all wells within the area of review

which penetrate the proposed injection zone or

confining zone.

Such data must include a

description of each well’s type,

construction, date

drilled,

location, depth,

record of plugging or

completion and any additional

information the

Agency may require

~j

The protocol followed to identify, locate and

ascertain the condition

of abandoned wells within

1

0L—

273

---

the area of review which penetrate the injection or

the confining zones

~j

Maps and cross-sections indicating the general

vertical and lateral limits of all underground

sources of drinking water within the area of

review, their position relative to the injection

formation

and the direction of water movement,

where known,

in each underground source of drinking

water which may be affected by the proposed

injection

~j

Maps and cross—sections detailing the geologic

structure of the local area

fl

Maps and cross—sections illustrating the regional

geologic setting

!i

Proposed operating data:

~j

Average and maximum daily rate and volume of

the fluid to be

injected; and

~J

Average and maximum injection pressure

21

Proposed formation testing program to obtain an

analysis

of the chemical, physical and radiological

characteristics of and other

information on the

injection formation and the confining zone

~Q)~

Proposed

stimulation

program

~JJ

Proposed injection procedure

~fl

Schematic or other appropriate drawings of the

surface and subsurface construction details of the

well

~fl

Contingency plan to cope with all shut—ins or well

failures

so as to prevent migration of fluids into

any

tJSDW

~J

Plans

(including maps)

for meeting monitoring

requirements of Section 730.168;

For wells within the area of review which penetrate

the injection zone or

the confining zone but are

not properly completed or plugged,

the corrective

action

to be taken under Section 730.164

~J

Construction procedures including a cementing and

casing program, well materials specification and

their

life expectancy,

logging procedures,

deviation checks, and a drilling,

testing and

104~

-274

---

—61—

coring program;

and

~fl

A demonstration pursuant

to

35

Ill. Adm. Code

704.Subpart

G,

that the applicant

has the resources

necessary to close,

plug or abandon the well and

for post—closure care.

~J

Before the Agency grants approval

for the operation of

a

Class

I

hazardous waste injection well,

the owner or

operator shall submit and the Agency

shall

review the

following information, which must be

included

in the

completion

report:

~j

All available logging and testing program data on

the well;

A demonstration of mechanical integrity pursuant to

Section 730.168

3)

The anticipated maximum pressure and flow rate at

which the permittee will operate

4)

The results

of the injection zone and confining

zone

testing program as required

in Section

730.170(a) (9)

~J

The actual

injection procedure

~J

The compatibility of injected waste with fluids

in

the injection zone and minerals

in both the

injection zone and the confining zone and with the

materials used

to construct the well

Li

The calculated area

of review based on data

obtained during logging and testing

of the well and

the formation and, where

necessary,

revisions

to

the

information

submitted

under

Section

730.170(a)(2) and

(3); and

~J

The status of corrective action

on wells identified

in Section 730.l70(a)(l5).

~j

Prior to granting approval for the plugging and

abandonment

(i.e.,

closure)

of

a Class

I hazardous waste

injection well,

the Agency shall

‘eview the information

required in Sections 730.l7l(a)(:i)

and 730.172(a).

~4J

Any permit issued

for

a Class

I

hazardous waste

4~jectionwell for disposal

on the premises where the

waste is generated must contain a certification by the

owner or

pperator that:

~j

The generator of the hazardous waste has a program

to reduce the volume or quantity and toxicity of

104-

275

---

—62—

such waste to the degree determined by the

Qenerator to be economically practicable; and

j)

Injection of the waste

is that practicable

method

of disposal currently available to the generator

which minimizes the present and future threat to

human health and the environment.

BOARD NOTE: Derived from

40 CFR 146.70,

as added at

53

Fed. Reg.

(Source:

Added at

13

Ill.

Reg.

effective

)

Section

730.171

Closure

~J

Closure Plan.

The owner or operator of

a Class

I

hazardous waste injection well shall prepare,

maintain,

and comply with

a plan for closure of the well that

meets the requirements of subsection

(d)

and

is

specified by permit condition.

The obligation to

implement the closure plan survives the termination of a

permit or the cessation of injection activities.

The

requirement to maintain and implement an approved plan

is directly enforceable regardless of whether the

requirement is a condition of the permit.

fl

The owner or operator shall submit the plan as a

part

of the permit application and, upon approval

by the Agency, such plan must be a condition of any

permit issued.

~J

The owner or operator shall submit any proposed

significant revision to the method of closure

reflected

in

the plan for approval

by the Agency no

later

than the date on which notice

of

closure

is

required to be submitted

to the Agency under

subsection

(b).

~J

The plan must assure financial responsibility as

required

in

35 Ill. Adm. Code 704.189.

~

The plan must include the following information:

~j

The type and number of plugs

to be used

~j

The placement of each plug including the

evaluation of

the top and bottom of each plug

~

The type and grade and quantity of material

to

be used in plugging

~J

The method of placement of the plugs

104-276

---

—63—

E)

Any proposed test

or measure

to be made

F)

The amount,

size and location

(by depth) of

casing and any other materials to be left

in

the well

~j

The method and location where casing

is

to be

parted,

if

applicable

H)

The procedure

to be used to meet the

requirements

of subsection

(d)(5); and

fi

The estimated cost of closure.

~j

The Agency must modify a closure plan following the

procedures of

35

Ill.

Adm. Code 702.Subpart

C.

6)

An owner or operator of a Class

I hazardous waste

injection well who stops injection temporarily, may

keep the well open

if the owner or operator:

A)

Has received authorization from the Agency

and

~J

Has described actions

or procedures,

satisfactory to the Agency,

that the owner

or

operator will take actions to ensure that the

well will not endanger USDW5 during the period

of temporary disuse.

These actions and

procedures must

include compliance with the

technical requirements applicable to active

injection wells unless otherwise waived by

permit condition.

C

For the purposes

of this subsection,

submitting a description of actions or

pjocedures

for Agency authorization

is

in the

nature of

a permit application, and

the owner

or operator may appeal

the Agency’s decision

to the Board.

.71

The owner or operator

of

a well that has ceased

operations

for more than two years shall notify the

Agency at least

30 days prior

to resuming operation

of

the well.

b)

Notice of

intent to close.

The owner

or operator shall

notify

the Agency at

least

60 days before closure of

a

well.

~J

Closure report.

Within

60

days after closure or

at the

time of the next quarterly report

(whichever

is less)

the owner or operator shall submit

a closure report to

104 277

---

—64—

the Agency.

If the quarterly report

is due less than

15

days after completion of closure, then the report must

be submitted within

60 days after closure.

The report

must be certified as accurate by the owner or operator

and by the person who performed the closure operation

(if other than the owner or operator).

Such report must

consist of either:

fl

A statement that the well was closed in accordance

approved by the Agency;

or

~J

Where actual closure differed from the plan

previously submitted,

specifying the differences between the previous

plan and the actual closure.

~J

Standards

for

well

closure.

71

Prior

to closing the well,

the owner or operator

shall observe and record the pressure decay for

a

time specified by permit condition.

The Agency

shall analyze the pressure decay and the transient

pressure observations conducted pursuant

to Section

730.l68(e)(l)(A) and determine whether the

injection activity has conformed with predicted

values.

j)

Prior to well closure, appropriate mechanical

integrity testing must be conducted to ensure the

integrity of that portion of the long string casing

and cement that will be left in the ground after

closure.

Testing methods may include:

A)

Pressure tests with liquid or gas

~j

Radioactive tracer surveys

ci

Noise,

temperature,

pipe evaluation,

or cement

bond logs;

and