Part 703: RCRA Permit Program

ILLINOIS POLLUTION CONTROL BOARD

January 9, 2003

IN THE MATTER OF: )

) R03-7

RCRA SUBTITLE C UPDATE, USEPA ) (Identical-in-Substance

AMENDMENTS (January 1, 2002 through ) Rulemaking - Land)

June 30, 2002) )

Adopted Rule. Final Order.

ORDER OF THE BOARD (by M.E. Tristano):

The Board adopts amendments to the Illinois regulations that are “identical in substance”

to cover hazardous waste rules adopted by the United States Environmental Protection Agency

(USEPA) under its authority under Subtitle C of the federal Resource Conservation and

Recovery Act of 1976 (RCRA Subtitle C) (42 U.S.C. §§ 6921

et seq

. (2000)). Sections 7.2 and

22.4(a) of the Environmental Protection Act (Act) (415 ILCS 5/7.2 and 22.4(a) (2000)) require

the Board to adopt regulations that are “identical in substance” to hazardous waste regulations

adopted by USEPA to implement RCRA Subtitle C. The Board adopts this order that includes

federal RCRA Subtitle C amendments that USEPA adopted in the period January 1, 2002

through June 30, 2002.

Sections 7.2 and 22.4(a) provide for quick adoption of regulations that are identical in

substance to federal regulations that USEPA adopts to implement Sections 3001 through 3005 of

RCRA (42 U.S.C. §§ 6921-6925 (2000)). Section 22.4(a) also provides that Title VII of the Act

and Section 5 of the Administrative Procedure Act (APA) (5 ILCS 100/5-35 and 5-40 (2000)) do

not apply to the Board’s adoption of identical-in-substance regulations. The federal RCRA

Subtitle C regulations are found at 40 C.F.R. 260 through 266, 268, 270, 271, 273, and 279.

This order is supported by an opinion that the Board also adopts today. The Board will

cause the proposed amendments to be published in the

Illinois Register

and will hold the docket

open to receive public comments for 45 days after the date of publication.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board

adopted the above order on January 9, 2003, by a vote of 5-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER b: PERMITS

PART 703

RCRA PERMIT PROGRAM

SUBPART A: GENERAL PROVISIONS

Section

703.100 Scope and Relation to Other Parts

703.101 Purpose

703.110 References

SUBPART B: PROHIBITIONS

Section

703.120 Prohibitions in General

703.121 RCRA Permits

703.122 Specific Inclusions in Permit Program

703.123 Specific Exclusions from Permit Program

703.124 Discharges of Hazardous Waste

703.125 Reapplications

703.126 Initial Applications

703.127 Federal Permits (Repealed)

SUBPART C: AUTHORIZATION BY RULE AND INTERIM STATUS

Section

703.140 Purpose and Scope

703.141 Permits by Rule

703.150 Application by Existing HWM Facilities and Interim Status Qualifications

703.151 Application by New HWM Facilities

703.152 Amended Part A Application

703.153 Qualifying for Interim Status

703.154 Prohibitions During Interim Status

703.155 Changes During Interim Status

703.156 Interim Status Standards

703.157 Grounds for Termination of Interim Status

703.158 Permits for Less Than an Entire Facility

703.159 Closure by Removal

703.160 Procedures for Closure Determination

703.161 Enforceable Document for Post-Closure Care

SUBPART D: APPLICATIONS

Section

703.180 Applications in General

703.181 Contents of Part A

703.182 Contents of Part B

703.183 General Information

703.184 Facility Location Information

703.185 Groundwater Protection Information

703.186 Exposure Information

703.187 Solid Waste Management Units

703.188 Other Information

703.191 Public Participation: Pre-Application Public Notice and Meeting

703.192 Public Participation: Public Notice of Application

703.193 Public Participation: Information Repository

703.200 Specific Part B Application Information

703.201 Containers

703.202 Tank Systems

703.203 Surface Impoundments

703.204 Waste Piles

703.205 Incinerators that Burn Hazardous Waste

703.206 Land Treatment

703.207 Landfills

703.208 Boilers and Industrial Furnaces Burning Hazardous Waste

703.209 Miscellaneous Units

703.210 Process Vents

703.211 Equipment

703.212 Drip Pads

703.213 Air Emission Controls for Tanks, Surface Impoundments, and Containers

703.214 Post-Closure Care Permits

SUBPART E: SHORT TERM AND PHASED PERMITS

Section

703.220 Emergency Permits

703.221 Alternative Compliance with the Federal NESHAPS

703.222 Incinerator Conditions Prior to Trial Burn

703.223 Incinerator Conditions During Trial Burn

703.224 Incinerator Conditions After Trial Burn

703.225 Trial Burns for Existing Incinerators

703.230 Land Treatment Demonstration

703.231 Research, Development and Demonstration Permits

703.232 Permits for Boilers and Industrial Furnaces Burning Hazardous Waste

703.234 Remedial Action Plans

SUBPART F: PERMIT CONDITIONS OR DENIAL

Section

703.240 Permit Denial

703.241 Establishing Permit Conditions

703.242 Noncompliance Pursuant to Emergency Permit

703.243 Monitoring

703.244 Notice of Planned Changes (Repealed)

703.245 Twenty-four Hour Reporting

703.246 Reporting Requirements

703.247 Anticipated Noncompliance

703.248 Information Repository

SUBPART G: CHANGES TO PERMITS

Section

703.260 Transfer

703.270 Modification

703.271 Causes for Modification

703.272 Causes for Modification or Reissuance

703.273 Facility Siting

703.280 Permit Modification at the Request of the Permittee

703.281 Class 1 Modifications

703.282 Class 2 Modifications

703.283 Class 3 Modifications

SUBPART H: REMEDIAL ACTION PLANS

Section

703.300 Why This Subpart Is Written in a Special Regulatory Format

703.301 General Information

703.302 Applying for a RAP

703.303 Getting a RAP Approved

703.304 How a RAP May Be Modified, Revoked and Reissued, or Terminated

703.305 Operating Under A RAP

703.306 Obtaining a RAP for an Off-Site Location

SUBPART I: INTEGRATION WITH MAXIMUM ACHIEVABLE CONTROL

TECHNOLOGY (MACT) STANDARDS

Section

703.320 Options for Incinerators and Cement and Lightweight Aggregate Kilns to

Minimize Emissions from Startup, Shutdown, and Malfunction Events

703.Appendix A Classification of Permit Modifications

AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the

Environmental Protection Act [415 ILCS 5/7.2, 22.4 and 27].

SOURCE: Adopted in R82-19 at 7 Ill. Reg. 14289, effective October 12, 1983; amended in

R83-24 at 8 Ill. Reg. 206, effective December 27, 1983; amended in R84-9 at 9 Ill. Reg. 11899,

effective July 24, 1985; amended in R85-22 at 10 Ill. Reg. 1110, effective January 2, 1986;

amended in R85-23 at 10 Ill. Reg. 13284, effective July 28, 1986; amended in R86-1 at 10 Ill.

Reg. 14093, effective August 12, 1986; amended in R86-19 at 10 Ill. Reg. 20702, effective

December 2, 1986; amended in R86-28 at 11 Ill. Reg. 6121, effective March 24, 1987; amended

in R86-46 at 11 Ill. Reg. 13543, effective August 4, 1987; amended in R87-5 at 11 Ill. Reg.

19383, effective November 12, 1987; amended in R87-26 at 12 Ill. Reg. 2584, effective January

15, 1988; amended in R87-39 at 12 Ill. Reg. 13069, effective July 29, 1988; amended in R88-16

at 13 Ill. Reg. 447, effective December 27, 1988; amended in R89-1 at 13 Ill. Reg. 18477,

effective November 13, 1989; amended in R89-9 at 14 Ill. Reg. 6278, effective April 16, 1990;

amended in R90-2 at 14 Ill. Reg. 14492, effective August 22, 1990; amended in R90-11 at 15 Ill.

Reg. 9616, effective June 17, 1991; amended in R91-1 at 15 Ill. Reg. 14554, effective September

30, 1991; amended in R91-13 at 16 Ill. Reg. 9767, effective June 9, 1992; amended in R92-10 at

17 Ill. Reg. 5774, effective March 26, 1993; amended in R93-4 at 17 Ill. Reg. 20794, effective

November 22, 1993; amended in R93-16 at 18 Ill. Reg. 6898, effective April 26, 1994; amended

in R94-7 at 18 Ill. Reg. 12392, effective July 29, 1994; amended in R94-5 at 18 Ill. Reg. 18316,

effective December 20, 1994; amended in R95-6 at 19 Ill. Reg. 9920, effective June 27, 1995;

amended in R95-20 at 20 Ill. Reg. 11225, effective August 1, 1996; amended in R96-10/R97-

3/R97-5 at 22 Ill. Reg. 553, effective December 16, 1997; amended in R98-12 at 22 Ill. Reg.

7632, effective April 15, 1998; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17930, effective

September 28, 1998; amended in R98-21/R99-2/R99-7 at 23 Ill. Reg. 2153, effective January 19,

1999; amended in R99-15 at 23 Ill. Reg. 9381, effective July 26, 1999; amended in R00-13 at 24

Ill. Reg. 9765, effective June 20, 2000; amended in R01-21/R01-23 at 25 Ill. Reg. 9313,

effective July 9, 2001; amended in R02-1/R02-12/R02-17 at 26 Ill. Reg. 6539, effective April 22,

2002; amended in R03-7 at 27 Ill. Reg. ________, effective ____________________.

SUBPART A: GENERAL PROVISIONS

Section 703.100 Scope and Relation to Other Parts

a) This Part requires RCRA permits, pursuant to Section 21(f) of the Environmental

Protection Act [415 ILCS 5/21(f)], for hazardous waste management (HWM)

facilities, which may include one or more treatment, storage, or disposal (TSD)

units. This Part also contains specific rules on applications for and issuance of

RCRA permits;

b) 35 Ill. Adm. Code 702 contains general provisions on applications for and

issuance of RCRA permits. 35 Ill. Adm. Code 705 contains procedures to be

followed by the Illinois Environmental Protection Agency (Agency) in issuing

RCRA permits;

c) The definitions of 35 Ill. Adm. Code 702.110 apply to this Part. 35 Ill. Adm.

Code 720 contains definitions applicable to the RCRA operating standards,. and

35 Ill. Adm. Code 721 defines “solid waste” and “hazardous waste”;

d) The standards of 35 Ill. Adm. Code 724 and 725 apply to HWM facilities required

to have RCRA permits. 35 Ill. Adm. Code 722 and 723 contain standards

applicable to generators and transporters of hazardous waste.

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.101 Purpose

a) The purpose of this Part is to provide for the issuance of RCRA permits to satisfy

the permit requirement of Section 21(f) of the Environmental Protection Act [415

ILCS 5/21(f)];

b) This Part is adopted in order to obtain final authorization from the United States

Environmental Protection Agency (USEPA) for the State of Illinois to participate

in permit issuance pursuant to the federal Resource Conservation and Recovery

Act (RCRA) (42 U.S.C. 6901).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.110 References

35 Ill. Adm. Code 720.111 includes lists all sources documents incorporated by reference for the

Illinois RCRA and UIC programs.

BOARD NOTE: This Section corresponds with 40 CFR 270.6.

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

SUBPART B: PROHIBITIONS

Section 703.120 Prohibitions in General

a) Violation of the provisions of this Subpart may result in an enforcement action

and sanctions pursuant to Titles VIII and XII of the Environmental Protection Act

[415 ILCS 5];

b) This Subpart B serves the following functions:

1) Prohibits

It prohibits the conduct of hazardous waste management

operations without a RCRA permit (Sections 703.121 and 703.122);

2) Specifies

It specifies exclusions from the permit requirement (Section

703.123);

3) Sets

It sets times for the filing of applications and reapplications (Sections

703.125 and 703.126);

4) Prohibits

It prohibits violation of the conditions of RCRA permits (Section

703.122);

c) Subpart C of this Part grants permits by rule, and sets the conditions for interim

status, which allows operation of certain facilities prior to permit issuance.

Subpart C of this Part contains prohibitions applicable during the interim status

period;

d) The following definitions apply to this Subpart B:

1) 35 Ill. Adm. Code 702.110; and

2) 35 Ill. Adm. Code 721, the definitions of “solid waste” and “hazardous

waste.”.

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.121 RCRA Permits

a) No person shall may conduct any hazardous waste storage, hazardous waste

treatment, or hazardous waste disposal operation as follows:

1) Without a RCRA permit for the HWM (hazardous waste management)

facility; or

2) In violation of any condition imposed by a RCRA permit.

b) Owners and operators An owner or operator of a HWM units shall unit must have

permits during the active life (including the closure period) of the unit. Owners

and operators An owner or operator of a surface impoundments impoundment,

landfills landfill, land treatment units unit, and or a waste pile units unit that

received wastes after July 26, 1982, or that certified closure (according to 35 Ill.

Adm. Code 725.215) after January 26, 1983, shall must have a post-closure care

permits permit, unless they demonstrate it demonstrates closure by removal or

decontamination, as provided under Sections 703.159 and 703.160, or obtain

obtains enforceable documents containing alternative requirements, as provided

under Section 703.161. If a post-closure care permit is required, the permit must

address applicable 35 Ill. Adm. Code 724 groundwater monitoring, unsaturated

zone monitoring, corrective action, and post-closure care requirements.

c) The denial of a permit for the active life of a hazardous waste management

facility or unit does not affect the requirement to obtain a post-closure care permit

under this Section.

BOARD NOTE: Derived from 40 CFR 270.1(c) (1998), as amended at 63 Fed. Reg. 56735

(Oct. 22, 1998) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.122 Specific Inclusions in Permit Program

Owners and operators of certain facilities require RCRA permits as well as permits under other

programs for certain aspects of the facility operation. RCRA permits are required for the

following activities and facilities:

a) Injection wells that dispose of hazardous waste, and associated surface facilities

that treat, store or dispose of hazardous waste. However, the owner and operator

with a UIC permit will be deemed to have a RCRA permit for the injection well

itself if they comply with the requirements of Section 703.141(b) (permit by rule

for injection wells);

b) Treatment, storage, or disposal of hazardous waste at facilities requiring an

NPDES (National Pollutant Discharge Elimination System) permit issued

pursuant to 35 Ill. Adm. Code 309. However, the owner and operator of a

publicly owned treatment works (POTW) receiving hazardous waste will be

deemed to have a RCRA permit for that waste if they comply with the

requirements of Section 703.141(c) (permit by rule for POTWs);

c) Barges or vessels that dispose of hazardous waste by ocean disposal and onshore

hazardous waste treatment or storage facilities associated with an ocean disposal

operation. However, the owner and operator will be deemed to have a RCRA

permit for ocean disposal from the barge or vessel itself if they comply with the

requirements of Section 703.141(a) (permit by rule for ocean disposal barges and

vessels).

(Board Note: See BOARD NOTE: Derived from 40 CFR 270.1(c)(1) (2002).)

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.123 Specific Exclusions from Permit Program

The following persons are among those that are not required to obtain a RCRA permit:

a) Generators that accumulate hazardous waste on-site for less than the time periods

provided in 35 Ill. Adm. Code 722.134;

b) Farmers that dispose of hazardous waste pesticides from their own use as

provided in 35 Ill. Adm. Code 722.170;

c) Persons that own or operate facilities solely for the treatment, storage, or disposal

of hazardous waste excluded from regulations under this Part by 35 Ill. Adm.

Code 721.104 or 721.105 (small generator exemption);

d) Owners or operators An owner or operator of a totally enclosed treatment

facilities facility, as defined in 35 Ill. Adm. Code 720.110;

e) Owners and operators An owner or operator of an elementary neutralization units

unit or wastewater treatment units unit, as defined in 35 Ill. Adm. Code 720.110;

f) Transporters storing A transporter that stores manifested shipments of hazardous

waste in containers meeting that meet the requirements of 35 Ill. Adm. Code

722.130 at a transfer facility for a period of ten days or less;

g) Persons adding

A person who adds absorbent material to waste in a container (as

defined in 35 Ill. Adm. Code 720.110) and persons adding or a person who adds

waste to absorbent material in a container, provided that these actions occur at the

time waste is first placed in the container; and 35 Ill. Adm. Code 724.117(b),

724.271, and 724.272 are complied with; and

h) A universal waste handler or universal waste transporter (as defined in 35 Ill.

Adm. Code 720.110) that manages the wastes listed below in subsections (h)(1)

through (h)(4) of this Section. Such a handler or transporter is subject to

regulation under 35 Ill. Adm. Code 733.

1) Batteries, as described in 35 Ill. Adm. Code 733.102;

2) Pesticides, as described in 35 Ill. Adm. Code 733.103;

3) Thermostats, as described in 35 Ill. Adm. Code 733.104; and

4) Lamps, as described in 35 Ill. Adm. Code 733.105.

BOARD NOTE: Derived from 40 CFR 270.1(c)(2) (1999), as amended at 64 Fed. Reg. 36488

(July 6, 1999) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.124 Discharges of Hazardous Waste

a) A person is not required to obtain a RCRA permit for treatment or containment

activities taken during immediate response to any of the following situations:

1) A discharge of a hazardous waste;

2) An imminent and substantial threat of a discharge of hazardous waste;

3) A discharge of a material which that, when discharged, becomes a

hazardous waste; or

4) An immediate threat to human health, public safety, property, or the

environment from the known or suspected presence of military munitions,

other explosive material, or an explosive device, as determined by an

explosive or munitions emergency response specialist as defined in 35 Ill.

Adm. Code 720.110.

b) Any person who continues or initiates hazardous waste treatment or containment

activities after the immediate response is over is subject to all applicable

requirements of this Part for those activities.

c) In the case of an emergency response involving military munitions, the

responding military emergency response specialist’s organizational unit shall

must retain records for three years after the date of the response that identify the

following: the date of the response, the responsible persons responding, the type

and description of material addressed, and the disposition of the material.

BOARD NOTE: Derived from 40 CFR 270.1(c)(3) (1997) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.125 Reapplications

Any HWM facility with an effective permit shall must submit a new application at least 180 days

before the expiration date of the effective permit, unless permission for a later date has been

granted by the Agency. (The Agency shall must not grant permission for applications to be

submitted later than the expiration date of the existing permit.)

BOARD NOTE: Derived from 40 CFR 270.10(h) (1992) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.126 Initial Applications

Except as provided in 703.Subpart C of this Part, no person shall may begin physical

construction of a new HWM facility without having submitted Part A and Part B of the permit

application and received a finally effective RCRA permit.

BOARD NOTE: Derived from 40 CFR 270.10(f)(1) (1992) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

SUBPART C: AUTHORIZATION BY RULE AND INTERIM STATUS

Section 703.140 Purpose and Scope

a) The Sections of this Subpart C are divided into the following two groups:

1) Section 703.141, Permits by Rule; and

2) Sections 703.151 through 703.158, relating to interim status;

b) The interim status rules correspond to 40 CFR 270, Subpart G, which relates to

interim status. Other portions of the federal rules may be found in 703.Subpart B

of this Part. The intent is to group the interim status rules so they can be more

easily ignored by those to whom they do not apply, and so they can be

conveniently repealed after the interim status period.

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.141 Permits by Rule

Notwithstanding any other provision of this Part or 35 Ill. Adm. Code 705, the following shall

must be deemed to have a RCRA permit if the conditions listed are met:

a) Ocean disposal barges or vessels. The owner or operator of a barge or other

vessel which that accepts hazardous waste for ocean disposal, if the owner or

operator does the following:

1) Has

It has a permit for ocean dumping issued under 40 CFR 220,

incorporated by reference in 35 Ill. Adm. Code 720.111;

2) Complies

It complies with the conditions of that permit; and

3) Complies

It complies with the following hazardous waste regulations,

incorporated by reference in 35 Ill. Adm. Code 720.111:

A) 40 CFR 264.11, Identification number;

B) 40 CFR 264.71, Use of manifest system;

C) 40 CFR 264.72, Manifest discrepancies;

D) 40 CFR 264.73(a) and (b)(1), Operating record;

E) 40 CFR 264.75, Biennial report; and

F) 40 CFR 264.76, Unmanifested waste report;

b) Injection wells. The owner or operator of an underground injection well

disposing of hazardous waste, if the owner or operator fulfills the following

conditions:

1) Has

It has a permit for underground injection issued under 35 Ill. Adm.

Code 704; and

2) Complies It complies with the conditions of that permit and the

requirements of Subpart F of 35 Ill. Adm. Code 704.Subpart F

(requirements for wells managing hazardous waste); and

3) For UIC permits issued after November 8, 1984, the following:

A) Complies

It complies with 35 Ill. Adm. Code 724.201; and

B) Where the UIC well is the only unit at the facility which that

requires a RCRA permit, it complies with Section 703.187.

c) Publicly owned treatment works (POTW). The owner or operator of a POTW

which that accepts for treatment hazardous waste, if the owner or operator fulfills

the following conditions:

1) Has

It has an NPDES permit;

2) Complies

It complies with the conditions of that permit; and

3) Complies

It complies with the following regulations:

A) 35 Ill. Adm. Code 724.111, Identification number;

B) 35 Ill. Adm. Code 724.171, Use of manifest system;

C) 35 Ill. Adm. Code 724.172, Manifest discrepencies;

D) 35 Ill. Adm. Code 724.173(a) and (b)(1), Operating record;

E) 35 Ill. Adm. Code 724.175, Annual report;

F) 35 Ill. Adm. Code 724.176, Unmanifested waste report; and

G) For NPDES permits issued after November 8, 1984, 35 Ill. Adm.

Code 724.201; and

4) If the waste meets all Federal federal, it complies with State and local

pretreatment requirements which that would be applicable to the waste if

it were being discharged into the POTW through a sewer, pipe, or similar

conveyance.

(BOARD NOTE: Illinois pretreatment requirements are codified in 35 Ill.

Adm. Code 307 and 310.)

(BOARD NOTE: See 40 CFR 270.60 (1987), as amended at 52 Fed. Reg. 45787, December 1,

1987.) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.150 Application by Existing HWM Facilities and Interim Status Qualifications

a) The owner or operator of an existing HWM facility or of an HWM facility in

existence on the effective date of statutory or regulatory amendments that render

the facility subject to the requirement to have a RCRA permit must submit Part A

of the permit application to the Agency no later than the following times,

whichever comes first:

1) Six months after the date of publication of regulations which that first

require the owner or operator to comply with standards in 35 Ill. Adm.

Code 725 or 726; or

2) Thirty days after the date the owner or operator first becomes subject to

the standards in 35 Ill. Adm. Code 725 or 726; or

3) For generators which that generate greater than 100 kilograms but less

than 1000 kilograms of hazardous waste in a calendar month and treat,

store or dispose of these wastes on-site, by March 24, 1987.

BOARD NOTE: Derived from 40 CFR 270.10(e)(1) (1994).

b) In granting a variance under subsection (c), below, of this Section the Board will

consider whether there has been substantial confusion as to whether the owner or

operator of such facilities were required to file a Part A application and whether

such confusion was attributable to ambiguities in 35 Ill. Adm. Code 720, 721, or

725.

BOARD NOTE: Derived from 40 CFR 270.10(e)(2) (1994).

c) The time for filing Part A of the permit application may be extended only by a

Board Order entered pursuant to a variance petition.

BOARD NOTE: Derived from 40 CFR 270.10(e)(3) (1994).

d) The owner or operator of an existing HWM facility may be required to submit

Part B of the permit application. The Agency will notify the owner or operator

that a Part B application is required, and set a date for receipt of the application,

not less than six months after the date the notice is sent. The owner or operator

my voluntarily submit a Part B application for all or part of the HWM facility at

any time. Notwithstanding the above, any owner or operator of an existing HWM

facility must submit a Part B permit application in accordance with the dates

specified in Section 703.157. Any owner or operator of a land disposal facility in

existence on the effective date of statutory or regulatory amendments which that

render the facility subject to the requirement to have a RCRA permit must submit

a Part B application in accordance with the dates specified in Section 703.157.

BOARD NOTE: Derived from 40 CFR 270.10(e)(4) (1994), as amended at 60

Fed. Reg. 33914 (June 29, 1995).

e) Interim status may be terminated as provided in Section 703.157.

BOARD NOTE: Derived from 40 CFR 270.10(e)(5) (1994) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.151 Application by New HWM Facilities

a) Except as provided in subsection (c) of this Section, no person shall may begin

physical construction of a new HWM facility without having submitted Part A

and Part B of the permit application and having received a finally effective RCRA

permit;

b) An application for a permit for a new HWM facility (including both Part A and

Part B) may be filed at any time after promulgation of standards in 35 Ill. Adm.

Code 724 applicable to any TSD unit in the facility; Except as provided in

subsection (c) of this Section, all applications must be submitted to the Agency at

least 180 days before physical construction is expected to commence;

c) Notwithstanding subsection (a) of this Section, a person may construct a facility

for the incineration of polychlorinated biphenyls pursuant to an approval issued

by the Administrator of USEPA under Section (6)(e) of the federal Toxic

Substances Control Act (42 U.S.C. USC 9601 et seq.) and any person owning or

operating such facility may, at any time after construction of operation of such

facility has begun, file an application for a RCRA permit to incinerate hazardous

waste authorizing such facility to incinerate waste identified or listed under 35 Ill.

Adm. Code 721.

d) Such persons may continue physical construction of the HWM facility after the

effective date of the standards applicable to it if the person submits Part B of the

permit application on or before the effective date of such standards (or on some

later date specified by the Agency.). Such person must not operate the HWM

facility without having received a finally effective RCRA permit.

BOARD NOTE: Derived from 40 CFR 270.10(f) (1994), as amended at 60 Fed. Reg. 33914

(June 29, 1995) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.152 Amended Part A Application

a) If any owner or operator of an HWM facility has filed Part A of a permit

application and has not yet filed Part B, the owner or operator shall must file an

amended Part A application with the Agency, as follows:

1) No later than the effective date of revised regulations under 35 Ill. Adm.

Code 721 listing or identifying additional hazardous wastes, if the facility

is treating, storing, or disposing of any of those newly listed or identified

wastes;

2) As necessary to comply with provisions of Section 703.155 for changes

during interim status.

b) The owner or operator of a facility who fails to comply with the updating

requirements of subsection (a) of this Section does not receive interim status as to

the wastes not covered by duly filed Part A applications.

BOARD NOTE: Derived from 40 CFR 270.10(g) (1994), as amended at 60 Fed. Reg. 33914

(June 29, 1995) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.153 Qualifying for Interim Status

a) Any person who owns or operates an existing HWM facility or a facility in

existence on the effective date of statutory or regulatory amendments which that

render the facility subject to the requirement to have a RCRA permit shall must

have interim status and shall must be treated as having been issued a permit to the

extent he or she has:

1) Complied with the requirements of Section 3010(a) of the federal

Resource Conservation and Recovery Act (42 USC 6930(a)) pertaining to

notification of hazardous waste activity;

(Board Note: BOARD NOTE: Some existing facilities may not be

required to file a notification under Section 3010(a) of the federal

Resource Conservation and Recovery Act (42 USC 6930(a)). These

facilities may qualify for interim status by meeting subsection (a)(2).)

2) Complied with the requirements of Sections 703.150 and 703.152

governing submission of Part A applications;

b) Failure to qualify for interim status. If the Agency has reason to believe upon

examination of a Part A application that it fails to meet the requirements of 35 Ill.

Adm. Code 702.123 or 703.181, it shall must notify the owner or operator in

writing of the apparent deficiency. Such notice shall must specify the grounds for

the Agency’s belief that the application is deficient. The owner or operator shall

must have 30 days from receipt to respond to such a notification and to explain or

cure the alleged deficiency in its Part A application. If, after such notification and

opportunity for response, the Agency determines that the application is deficient it

may take appropriate enforcement action.

c) Subsection (a) shall must not apply to any facility which that has been previously

denied a RCRA permit or if authority to operate the facility under the federal

Resource Conservation and Recovery Act (42 USC 6901 et seq.) has been

previously terminated.

(Board Note: See BOARD NOTE: Derived from 40 CFR 270.70. (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.154 Prohibitions During Interim Status

During the interim status period the facility shall must not do any of the following:

a) Treat, store, or dispose of hazardous waste not specified in Part A of the permit

application;

b) Employ processes not specified in Part A of the permit application; or

c) Exceed the design capacities specified in Part A of the permit application.

BOARD NOTE: Derived from 40 CFR 270.71(a) (1992) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.155 Changes During Interim Status

a) Except as provided in subsection (b), below, of this Section the owner or operator

of an interim status facility may make the following changes at the facility:

1) Treatment, storage, or disposal of new hazardous wastes not previously

identified in Part A of the permit application (and, in the case of newly

listed or identified wastes, addition of the units being used to treat, store,

or dispose of the hazardous wastes on the date of the listing or

identification) if the owner or operator submits a revised Part A permit

application prior to such treatment, storage, or disposal;

2) Increases in the design capacity of processes used at the facility if the

owner or operator submits a revised Part A permit application prior to

such a change (along with a justification explaining the need for the

change) and the Agency approves the change because either of the

following conditions exist:

A) There is a lack of available treatment, storage, or disposal capacity

at other hazardous waste management facilities; or

B) The change is necessary to comply with a federal, State, or local

requirement, including 35 Ill. Adm. Code 725, 728, or 729;

3) Changes in the processes for the treatment, storage, or disposal of

hazardous waste may be made at a facility or addition of processes if the

owner or operator submits a revised Part A permit application prior to

such a change (along with a justification explaining the need for change)

and the Agency approves the change because either of the following

conditions exist:

A) The change is necessary to prevent a threat to human health or the

environment because of an emergency situation; or

B) The change is necessary to comply with a federal, State, or local

requirement, including 35 Ill. Adm. Code 725, 728, or 729;

4) Changes in the ownership or operational control of a facility if the new

owner or operator submits a revised Part A permit application no later

than 90 days prior to the scheduled change. When a transfer of ownership

or operational control of a facility occurs, the old owner or operator shall

must comply with the requirements of Subpart H of 35 Ill. Adm. Code

725.Subpart H (financial requirements), until the new owner or operator

has demonstrated to the Agency that it is complying with the requirements

of that Subpart. The new owner or operator shall must demonstrate

compliance with the financial assurance requirements within six months

after the date of the change in the ownership or operational control of the

facility. Upon demonstration to the Agency by the new owner or operator

of compliance with the financial assurance requirements, the Agency shall

must notify the old owner or operator in writing that the old owner or

operator no longer needs to comply with Subpart H of 35 Ill. Adm. Code

725.Subpart H as of the date of demonstration. All other interim status

duties are transferred effective immediately upon the date of the change of

ownership or operational control of the facility;

5) Changes made in accordance with an interim status corrective action order

issued by: USEPA under Section 3008(h) of the federal Resource

Conservation and Recovery Act (42 USC 6901 et seq.) or other federal

authority; a court pursuant to a judicial action brought USEPA; a court

pursuant to the Environmental Protection Act; or, the Board. Changes

under this subsection (a)(5) are limited to the treatment, storage, or

disposal of solid waste from releases that originate within the boundary of

the facility;

6) Addition of newly regulated units for the treatment, storage, or disposal of

hazardous waste if the owner or operator submits a revised Part A permit

application on or before the date on which the unit becomes subject to the

new requirements.

b) Except as specifically allowed under this subsection (b), changes listed under

subsection (a), above, of this Section must not be made if they amount to

reconstruction of the HWM facility. Reconstruction occurs when the capital

investment in the changes to the facility exceeds fifty percent of the capital cost of

a comparable entirely new HWM facility. If all other requirements are met, the

following changes may be made even if they amount to a reconstruction:

1) Changes made solely for the purpose of complying with requirements of

35 Ill. Adm. Code 725.293 for tanks and ancillary equipment.

2) If necessary to comply with federal, State or local requirements, including

35 Ill. Adm. Code 725, 728, or 729, changes to an existing unit, changes

solely involving tanks or containers, or addition of replacement surface

impoundments that satisfy the statutory standards of Section 35 Ill. Adm.

Code 728.139.

3) Changes that are necessary to allow owners or operators an owner or

operator to continue handling newly listed or identified hazardous wastes

that have been treated, stored or disposed of at the facility prior to the

effective date of the rule establishing the new listing or identification.

4) Changes during closure of a facility or of a unit within a facility made in

accordance with an approved closure plan.

5) Changes necessary to comply with an interim status corrective action

order issued by: USEPA under Section 3008(h) of the federal Resource

Conservation and Recovery Act (42 USC 6930(a)) or other federal

authority; a court pursuant to a judicial action brought by USEPA; a court

pursuant to the Environmental Protection Act; or, the Board. Changes

under this subsection (b)(5) are limited to the treatment, storage, or

disposal of solid waste from releases that originate within the boundary of

the facility.

6) Changes to treat or store, in tanks, containers, or containment buildings,

hazardous wastes subject to land disposal restrictions imposed in 35 Ill.

Adm. Code 728, provided that such changes are made solely for the

purpose of complying with 35 Ill. Adm. Code 728.

7) Addition of newly regulated units under subsection (a)(6), above of this

Section.

8) Changes necessary to comply with the federal Clean Air Act (CAA)

Maximum Achievable Control Technology (MACT) emissions standards

of 40 CFR 63, Subpart EEE--National Emission Standards for Hazardous

Air Pollutants From Hazardous Waste Combustors.

BOARD NOTE: Derived from 40 CFR 270.72 (1997), as amended at 63 Fed. Reg. 33829 (June

19, 1998) (2002). The federal CAA MACT standards are directly implemented in Illinois

pursuant to Section 39.5 of the Environmental Protection Act [415 ILCS 5/39.5].

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.156 Interim Status Standards

During interim status, owners and operators shall an owner or operator must comply with the

interim status standards at of 35 Ill. Adm. Code 725.

BOARD NOTE: Derived from 40 CFR 270.71(b) (1992) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.157 Grounds for Termination of Interim Status

Interim status terminates when either of the following occurs:

a) Final administrative disposition is made of a permit application, except an

application for a remedial action plan (RAP) under Subpart H of this Part; or

b) The owner or operator fails to furnish a requested Part B application on time, or to

furnish the full information required by the Part B application, in which case the

Agency shall must notify the owner and operator of the termination of interim

status following the procedures for a notice of intent to deny a permit pursuant to

35 Ill. Adm. Code 705.

c) For owners or operators an owner or operator of each a land disposal facility

which that has been granted interim status prior to November 8, 1984, on

November 8, 1985, unless the following conditions are fulfilled:

1) The owner or operator submits a Part B application for a permit for such

facility prior to that date; and

2) The owner or operator certifies that such facility is in compliance with all

applicable groundwater monitoring and financial responsibility

requirements.

d) For owners or operators an owner or operator of each a land disposal facility

which that is in existence on the effective date of statutory or regulatory

amendments under the federal Resource Conservation and Recovery Act (42 USC

6901 et seq.) that render the facility subject to the requirement to have a RCRA

permit and which is granted interim status, twelve months after the date on which

the facility first becomes subject to such permit requirement, unless the owner or

operator of such facility does as follows:

1) Submits

It submits a Part B application for a RCRA permit for such

facility before the date 12 months after the date on which the facility first

becomes subject to such permit requirement; and

2) Certifies

It certifies that such facility is in compliance with all applicable

groundwater monitoring and financial responsibility requirements.

e) For owners

an owner or operators operator of any land disposal unit that is

granted authority to operate under Section 703.155(a)(1), (a)(2), or (a)(3), on the

day 12 months after the effective date of such requirement, unless the owner or

operator certifies that such unit is in compliance with all applicable groundwater

monitoring and financial responsibility requirements (Subparts F and H of 35 Ill.

Adm. Code 725.190 et seq. and 725.240 et seq.).

f) For owners

an owner or operators operator of each incinerator facility which that

achieved interim status prior to November 8, 1984, on November 8, 1989, unless

the owner or operator of the facility submits a Part B application for a RCRA

permit for an incinerator facility by November 8, 1986.

g) For owners

an owner or operators operator of any facility (other than a land

disposal or an incinerator facility) which that achieved interim status prior to

November 8, 1984, on November 8, 1992, unless the owner or operator of the

facility submits a Part B application for a RCRA permit for the facility by

November 8, 1988.

BOARD NOTE: Derived from 40 CFR 270.10(e)(5) (1998) (2002) and 270.73 (1998), as

amended at 63 Fed. Reg.65941 (Nov. 30, 1998) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.159 Closure by Removal

Owners and operators An owner or operator of a surface impoundments impoundment, a land

treatment units unit, and or a waste piles pile that is closing by removal or decontamination

under 35 Ill. Adm. Code 725 standards must obtain a post-closure permit, unless they

demonstrate it demonstrates to the Agency that the closure met the standards for closure by

removal or decontamination in 35 Ill. Adm. Code 724.328, 724.380(e), or 724.358, respectively.

The demonstration may be made in the following ways:

a) If the owner or operator has submitted a Part B application for a post-closure

permit, the owner or operator may request a determination, based on information

contained in the application, that 35 Ill. Adm. Code 724 closure by removal

standards are met. If the Agency makes a tentative decision that the 35 Ill. Adm.

Code 724 standards are met, the Agency will notify the public of this proposed

decision, allow for public comment and reach a final determination according to

the procedures in Section 703.160.

b) If the owner or operator has not submitted a Part B application for a post-closure

permit, the owner or operator may petition the Agency for a determination that a

post-closure permit is not required because the closure met the applicable 35 Ill.

Adm. Code 724 standards.

1) The petition must include data demonstrating that closure by removal or

decontamination standards were met.

2) The Agency shall must approve or deny the petition according to the

procedures outlined in Section 703.160.

(BOARD NOTE: See Derived from 40 CFR 270.1(c)(5), as adopted at 52 Fed. Reg. 45787,

December 1, 1987.) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.160 Procedures for Closure Determination

a) If a facility owner or operator seeks an equivalency determination under Section

703.159, the Agency shall must provide the public, through a newspaper notice,

the opportunity to submit written comments on the information submitted by the

owner or operator within 30 days from the date of the notice. The Agency shall

must also, in response to a request or at its own discretion, hold a public hearing

whenever such a hearing might clarify one or more issues concerning the

equivalence of the 35 Ill. Adm. Code 725 closure to a 35 Ill. Adm. Code 724

closure. The Agency shall must give public notice of the hearing at least 30 days

before it occurs. (Public notice of the hearing may be given at the same time as

notice of the opportunity for the public to submit written comments, and the two

notices may be combined.)

b) The Agency shall must determine whether the 35 Ill. Adm. Code 725 closure met

the 35 Ill. Adm. Code 724 closure by removal or decontamination requirements

within 90 days after receipt of the request or petition. If the Agency finds that the

closure did not meet the applicable 35 Ill. Adm. Code 724 standards, it shall must

provide the owner or operator with a written statement of the reasons why the

closure failed to meet 35 Ill. Adm. Code 724 standards. The owner or operator

may submit additional information in support of an equivalency demonstration

within 30 days after receiving such written statement. The Agency shall must

review any additional information submitted and make a final determination

within 60 days.

c) If the Agency determines that the facility did not close in accordance with 35 Ill.

Adm. Code 724 closure by removal standards, the facility is subject to post-

closure permitting requirements.

(BOARD NOTE: See 40 CFR 270.1(c)(6), as adopted at 52 Fed. Reg. 45787, December 1,

1987.) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.161 Enforceable Document for Post-Closure Care

a) An owner or operator may obtain an enforceable document containing alternative

requirements for post-closure care that imposes the requirements of 35 Ill. Adm.

Code 725.221. “Enforceable document containing alternative requirements” or

“other enforceable document,” as used in this Part and in 35 Ill. Adm. Code 724 and

725, means an order of the Board, an Agency-approved plan, or an order of a court

of competent jurisdiction that meets the requirements of subsection (b) of this

Section. An “enforceable document containing alternative requirements” or “other

enforceable document,” may also mean an order of USEPA (such as pursuant to

section 3008(h) of RCRA, 42 USC 6928(h), or under section 106 of the federal

Comprehensive Environmental Response, Compensation and Liability Act, 42 USC

9606).

BOARD NOTE: Derived from 40 CFR 270.1(c)(7) (1999) (2002).

b) Any alternative requirements issued under this Section or established to satisfy the

requirements of 35 Ill. Adm. Code 724.190(f), 724.210(c), 724.240(d), 725.190(f),

725.210(c), or 725.240(d) shall must be embodied in a document that is enforceable

and subject to appropriate compliance orders and civil penalties under Titles VIII

and XII of the Act [415 ILCS 5].

BOARD NOTE: Derived from 40 CFR 271.16(e) (1999) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

SUBPART D: APPLICATIONS

Section 703.180 Applications in General

a) This Subpart D contains requirements for applications for RCRA permits. A

“Part A” application is required of all facilities to obtain interim status. The “Part

B” application is a prerequisite to an actual permit, and need be filed for an

existing facility with interim status only when requested. New facilities must file

Part A and Part B at the same time;

b) Subpart E of this Part contains requirements for applications for emergency

permits, trial burn permits, and land treatment demonstration permits;

c) The application package consists must consist of the following:

1) Information required by 35 Ill. Adm. Code 702.123;

2) Part A (Section 703.181);

3) Part B, as follows:

A) General information (Section 703.183);

B) Facility location information (Section 703.184);

C) Groundwater protection information, if required (Section 703.185);

D) Specific information for each type of TSD unit, i.e. tanks, surface

impoundments, landfills, etc. (Sections 703.200 et seq.);

E) Additional information to demonstrate compliance with 35 Ill.

Adm. Code 724 (Section 703.183(t));

F) Information for trial burn permits and land treatment

demonstrations (Subpart E of this Part).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.181 Contents of Part A

In addition to the information in 35 Ill. Adm. Code 702.123, Part A of the RCRA application

shall must include the following information:

a) The latitude and longitude of the facility;

(BOARD NOTE: Derived from 40 CFR 270.13(b).)

b) The name, address, and telephone number of the owner of the facility;

(BOARD NOTE: Derived from 40 CFR 270.13(e).)

c) An indication of whether the facility is new or existing and whether it is a first or

revised application;

(BOARD NOTE: Derived from 40 CFR 270.13(g).)

d) For existing facilities, a scale drawing of the facility showing the location of all

past, present, and future treatment, storage, and disposal areas;

(BOARD NOTE: Derived from 40 CFR 270.13(h)(1).)

e) For existing facilities, photographs of the facility clearly delineating all existing

structures; existing treatment, storage, and disposal areas; and sites of future

treatment, storage, and disposal areas;

(BOARD NOTE: Derived from 40 CFR 270.13(h)(2).)

f) A description of the processes to be used for treating, storing, and disposing of

hazardous waste, and the design capacity of these items;

(BOARD NOTE: Derived from 40 CFR 270.13(i).)

g) A specification of the hazardous wastes listed or designated under 35 Ill. Adm.

Code 721 to be treated, stored, or disposed of at the facility, an estimate of the

quantity of such wastes to be treated, stored, or disposed of annually, and a

general description of the processes to be used for such wastes.

(BOARD NOTE: Derived from 40 CFR 270.13(j).)

h) For hazardous debris, a description of the debris category(ies) categories and

containment category(ies) categories to be treated, stored, or disposed of at the

facility.

(BOARD NOTE: Derived from 40 CFR 270.13(n).) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.182 Contents of Part B

Part B information requirements presented in Sections 703.183 et seq. reflect the standards

promulgated in 35 Ill. Adm. Code 724. These information requirements are necessary in order

for the Agency to determine compliance with the 35 Ill. Adm. Code 724 standards. If owners

and operators an owner or operator of a HWM facilities facility can demonstrate that the

information prescribed in Part B cannot be provided to the extent required, the Agency may

make allowance for submission of such information on a case by case basis. Information

required in Part B shall must be submitted to the Agency and signed in accordance with

requirements in 35 Ill. Adm. Code 702.126. Certain technical data, such as design drawings and

specifications and engineering studies, shall must be certified by a registered professional

engineer. For post-closure care permits, only the information specified in Section 703.214 is

required in Part B of the permit application. Part B of the RCRA application includes the

following:

a) General information (Section 703.183);

b) Facility location information (Section 703.184);

c) Groundwater protection information (Section 703.185);

d) Exposure information (Section 703.186); and

e) Specific information (Section 703.200 et seq.).

BOARD NOTE: Derived from 40 CFR 270.14(a) (1998), as amended at 63 Fed. Reg. 56734

(Oct. 22, 1998) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.183 General Information

The following information is required in the Part B application for all HWM facilities, except as

35 Ill. Adm. Code 724.101 provides otherwise:

a) A general description of the facility;

b) Chemical and physical analyses of the hazardous wastes and hazardous debris to

be handled at the facility. At a minimum, these analyses must contain all the

information which that must be known to treat, store, or dispose of the wastes

properly in accordance with 35 Ill. Adm. Code 724;

c) A copy of the waste analysis plan required by 35 Ill. Adm. Code 724.113(b) and,

if applicable, 35 Ill. Adm. Code 724.113(c);

d) A description of the security procedures and equipment required by 35 Ill. Adm.

Code 724.114, or a justification demonstrating the reasons for requesting a waiver

of this requirement;

e) A copy of the general inspection schedule required by 35 Ill. Adm. Code

724.115(b). Include where applicable, as part of the inspection schedule, specific

requirements in 35 Ill. Adm. Code 724.274, 724.293(i), 724.295, 724.326,

724.354, 724.373, 724.403, 724.702, 724.933, 724.952, 724.953, 724.958,

724.984, 724.985, 724.986, and 724.988;

f) A justification of any request for a waiver of the preparedness and prevention

requirements of Subpart C of 35 Ill. Adm. Code 724.Subpart C;

g) A copy of the contingency plan required by Subpart D of 35 Ill. Adm. Code

724.Subpart D;

BOARD NOTE: Include, where applicable, as part of the contingency plan,

specific requirements in 35 Ill. Adm. Code 724.200 and 724.327. Corresponding

40 CFR 270.14(b)(7) refers to the requirements of 40 CFR 264.255

(corresponding with 35 Ill. Adm. Code 724.355), marked “reserved” by USEPA.

h) A description of procedures, structures, or equipment used at the facility to as

follows:

1) Prevent

To prevent hazards in unloading operations (for example, ramps,

or special forklifts);

2) Prevent

To prevent runoff from hazardous waste handling areas to other

areas of the facility or environment, or to prevent flooding (for example,

berms, dikes, or trenches);

3) Prevent

To prevent contamination of water supplies;

4) Mitigate

To mitigate effects of equipment failure and power outages;

5) Prevent

To prevent undue exposure of personnel to hazardous waste (for

example, protective clothing); and

6) Prevent

To prevent releases to the atmosphere;

i) A description of precautions to prevent accidental ignition or reaction of ignitable,

reactive, or incompatible wastes, as required to demonstrate compliance with 35

Ill. Adm. Code 724.117, including documentation demonstrating compliance with

35 Ill. Adm. Code 724.117(c);

j) A description of the area traffic pattern, the estimated traffic volume (number and

types of vehicles), and area traffic control (for example, show turns across traffic

lanes and stacking lanes, if appropriate); a description of access road surfacing

and load bearing capacity; and the locations and types of traffic control signals;

k) Facility location information, as required by Section 703.184;

l) An outline of both the introductory and continuing training programs by the

owner or operator to prepare persons to operate or maintain the HWM facility in a

safe manner, as required to demonstrate compliance with 35 Ill. Adm. Code

724.116. A brief description of how training will be designed to meet actual job

tasks in accordance with requirements in 35 Ill. Adm. Code 724.116(a)(3);

m) A copy of the closure plan and, where applicable, the post-closure plan required

by 35 Ill. Adm. Code 724.212, 724.218, and 724.297. Include, where applicable,

as part of the plans, specific requirements in 35 Ill. Adm. Code 724.278, 724.297,

724.328, 724.358, 724.380, 724.410, 724.451, 724.701, and 724.703;

n) For hazardous waste disposal units that have been closed, documentation that

notices required under 35 Ill. Adm. Code 724.219 have been filed;

o) The most recent closure cost estimate for the facility, prepared in accordance with

35 Ill. Adm. Code 724.242, and a copy of the documentation required to

demonstrate financial assurance under 35 Ill. Adm. Code 724.243. For a new

facility, a copy of the required documentation may be submitted 60 days prior to

the initial receipt of hazardous wastes, if it is later than the submission of the Part

B permit application;

p) Where applicable, the most recent post-closure cost estimate for the facility,

prepared in accordance with 35 Ill. Adm. Code 724.244, plus a copy of the

documentation required to demonstrate financial assurance under 35 Ill. Adm.

Code 724.245. For a new facility, a copy of the required documentation may be

submitted 60 days prior to the initial receipt of hazardous wastes, if it is later than

the submission of the Part B permit application;

q) Where applicable, a copy of the insurance policy or other documentation which

that comprises compliance with the requirements of 35 Ill. Adm. Code 724.247.

For a new facility, documentation showing the amount of insurance meeting the

specification of 35 Ill. Adm. Code 724.247(a) and, if applicable, 35 Ill. Adm.

Code 724.247(b) that the owner or operator plans to have in effect before initial

receipt of hazardous waste for treatment, storage, or disposal. A request for an

alternative level of required coverage for a new or existing facility may be

submitted as specified in 35 Ill. Adm. Code 724.247(c);

r) This subsection corresponds with 40 CFR 270.14(b)(18), pertaining to state

financial mechanisms that do not apply in Illinois. This statement maintains

structural parity with the federal regulations.;

s) A topographic map showing a distance of 1000 feet around the facility at a scale

of 2.5 centimeters (1 inch) equal to not more than 61.0 meters (200 feet).

Contours must be shown on the map. The contour interval must be sufficient to

clearly show the pattern of surface water flow in the vicinity of and from each

operational unit of the facility. For example, contours with an interval of 1.5

meters (5 feet), if relief is greater than 6.1 meters (20 feet), or an interval of 0.6

meters (2 feet), if relief is less than 6.1 meters (20 feet). Owners and operators

An owner or operator of a HWM facilities facility located in a mountainous areas

shall area must use larger contour intervals to adequately show topographic

profiles of facilities. The map must clearly show the following:

1) Map scale and date;

2) 100-year floodplain area;

3) Surface waters including intermittent streams;

4) Surrounding land uses (e.g., residential, commercial, agricultural,

recreational, etc.);

5) A wind rose (i.e., prevailing windspeed and direction);

6) Orientation of the map (north arrow);

7) Legal boundaries of the HWM facility site;

8) Access control (e.g., fences, gates, etc.);

9) Injection and withdrawal wells both on-site and off-site;

10) Buildings; treatment, storage, or disposal operations; or other structures

(e.g., recreation areas, runoff control systems, access and internal roads,

storm, sanitary and process sewage systems, loading and unloading areas,

fire control facilities, etc.);

11) Barriers for drainage or flood control; and

12) Location of operational units within the HWM facility site, where

hazardous waste is (or will be) treated, stored, or disposed of (include

equipment cleanup areas);

BOARD NOTE: For large HWM facilities, the Agency shall must allow the use

of other scales on a case-by-case basis.

t) Applicants shall must submit such information as the Agency determines is

necessary for it to determine whether to issue a permit and what conditions to

impose in any permit issued;

u) For land disposal facilities, if a case-by-case extension has been approved under

35 Ill. Adm. Code 728.105 or if a petition has been approved under 35 Ill. Adm.

Code 728.106, a copy of the notice of approval of the extension or of approval of

the petition is required; and

v) A summary of the pre-application meeting, along with a list of attendees and their

addresses, and copies of any written comments or materials submitted at the

meeting, as required under 35 Ill. Adm. Code 703.191(c).

BOARD NOTE: Derived from 40 CFR 270.14(b) (1999) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.184 Facility Location Information

a) In order to show compliance with the facility location requirements of Section

21(l) of the Environmental Protection Act [415 ILCS 5/21(l)], the owner or

operator shall must include the following information, or a demonstration that

Section 21(l) does not apply:

1) Location of any active or inactive shaft or tunneled mine below the

facility;

2) Location of any active faults in the earth’s crust within 2 two miles of the

facility boundary;

3) Location of existing private wells or existing sources of a public water

supply within 1000 feet of any disposal unit boundary;

4) Location of the corporate boundaries of any municipalities within one and

one-half miles of the facility boundary;

BOARD NOTE: Subsections (a)(1), (a)(2), (a)(3), and (a)(4) above of this

Section request information necessary to allow the Agency to determine

the applicability of Section 21(l) of the Environmental Protection Act [415

ILCS 5/21(l)] requirements. These provisions are not intended to modify

the requirements of the Act. For example, the operator is required to give

the location of wells on its own property, even though the Agency might

find that these do not prohibit the site location.

5) Documentation showing approval of municipalities if such approval is

required by Section 21(l) of the Environmental Protection Act [415 ILCS

5/21(l)];

c) Owners and operators An owner or operator of all facilities shall must provide an

identification of whether the facility is located within a 100-year floodplain. This

identification must indicate the source of data for such determination and include

a copy of the relevant flood map produced by the Federal Emergency

Management Agency, National Flood Insurance Program (NFIP), if used, or the

calculations and maps used where a NFIP map is not available. Information must

also be provided identifying the 100-year flood level and any other special

flooding factors (e.g., wave action) that must be considered in designing,

constructing, operating, or maintaining the facility to withstand washout from a

100-year flood;

BOARD NOTE: NFIP maps are available as follows: Flood Map Distribution

Center, National Flood Insurance Program, Federal Emergency Management

Agency, 6930 (A-F) San Tomas Road, Baltimore, MD 21227-6227. 800/-638-

6620; and, Illinois Floodplain Information Depository, State Water Survey, 514

WSRC, University of Illinois, Urbana, IL 61801. 217/-333-0447. Where NFIP

maps are available, they will normally be determinative of whether a facility is

located within or outside of the 100-year flood plain. However, where the NFIP

map excludes an area (usually areas of the flood plain less than 200 feet in width),

these areas must be considered and a determination made as to whether they are

in the 100-year floodplain. Where NFIP maps are not available for a proposed

facility location, the owner or operator shall must use equivalent mapping

techniques to determine whether the facility is within the 100-year floodplain, and

if so located, what is the 100-year flood elevation is.

d) Owners and operators An owner or operator of facilities located in the 100-year

floodplain shall must provide the following information:

1) Engineering analysis to indicate the various hydrodynamic and hydrostatic

forces expected to result at the site as a consequence of a 100-year flood;

2) Structural or other engineering studies showing the design of operational

units (e.g., tanks, incinerators) and flood protection devices (e.g.,

floodwalls, dikes) at the facility and how these will prevent washout;

3) If applicable, and in lieu of subsections (d)(1) and (d)(2) above of this

Section, a detailed description of procedures to be followed to remove

hazardous waste to safety before the facility is flooded, including the

following:

A) Timing of such movement relative to flood levels, including

estimated time to move the waste, to show that such movement can

be completed before floodwaters reach the facility;

B) A description of the locations to which the waste will be moved

and demonstration that those facilities will be eligible to receive

hazardous waste in accordance with 35 Ill. Adm. Code 702, 703,

724, and 725;

C) The planned procedures, equipment, and personnel to be used and

the means to ensure that such resources will be available in time

for use; and

D) The potential for accidental discharges of the waste during

movement;

e) Owners and operators An owner or operator of existing facilities not in

compliance with 35 Ill. Adm. Code 724.118(b) shall must provide a plan showing

how the facility will be brought into compliance and a schedule for compliance.

Such owners and operators shall an owner or operator must file a concurrent

variance petition with the Board; and

f) Owners

An owner or operators operator of a new regional pollution control

facilities facility, as defined in Section 3 of the Environmental Protection Act

[415 ILCS 5/3], shall must provide documentation showing site location

suitability from the county board or other governing body as provided by Section

39(c) and 39.2 of that Act [415 ILCS 5/39(c) and 39.2].

BOARD NOTE: Subsections (b) through (e) of this Section are derived from 40 CFR

270.14(b)(11)(iii) through (b)(11)(v) (1992) (2002). The Board has not codified an equivalent to

40 CFR 270.14(b)(11)(i) and (b)(11)(ii), relating to certain seismic zones not located within

Illinois.

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.185 Groundwater Protection Information

The following additional information regarding protection of groundwater is required from

owners or operators an owner or operator of a hazardous waste facilities facility containing a

regulated unit, except as provided in 35 Ill. Adm. Code 724.190(b).:

a) A summary of the groundwater monitoring data obtained during the interim status

period under 35 Ill. Adm. Code 725.190 through 725.194, where applicable;

b) Identification of the uppermost aquifer and aquifers hydraulically interconnected

beneath the facility property, including groundwater flow direction and rate, and

the basis for such identification (i.e., the information obtained from hydrogeologic

investigations of the facility area);

c) On the topographic map required under Section 703.183(s), a delineation of the

waste management area, the property boundary, the proposed “point of

compliance” as defined under 35 Ill. Adm. Code 724.195, the proposed location

of groundwater monitoring wells as required under 35 Ill. Adm. Code 724.197

and, to the extent possible, the information required in subsection (b) of this

Section;

d) A description of any plume of contamination that has entered the groundwater

from a regulated unit at the time that the application is submitted that does the

following:

1) Delineates

It delineates the extent of the plume on the topographic map

required under Section 703.183(s);

2) Identifies

It identifies the concentration of each Appendix I to 35 Ill. Adm.

Code 724.Appendix I constituent throughout the plume or identifies the

maximum concentrations of each Appendix I to 35 Ill. Adm. Code

724.Appendix I constituent in the plume;

e) Detailed plans and an engineering report describing the proposed groundwater

monitoring program to be implemented to meet the requirements of 35 Ill. Adm.

Code 724.197;

f) If the presence of hazardous constituents has not been detected in the groundwater

at the time of permit application, the owner or operator shall must submit

sufficient information, supporting data and analyses to establish a detection

monitoring program which that meets the requirements of 35 Ill. Adm. Code

724.198. This submission must address the following items as specified under

that Section.:

1) A proposed list of indicator parameters, waste constituents or reaction

products that can provide a reliable indication of the presence of

hazardous constituents in the groundwater;

2) A proposed groundwater monitoring system;

3) Background values for each proposed monitoring parameter or

constituent, or procedures to calculate such values; and

4) A description of proposed sampling, analysis, and statistical comparison

procedures to be utilized in evaluating groundwater monitoring data;

g) If the presence of hazardous constituents has been detected in the groundwater at

the point of compliance at the time of permit application, the owner or operator

shall must submit sufficient information, supporting data and analyses to establish

a compliance monitoring program which that meets the requirements of 35 Ill.

Adm. Code 724.199. Except as provided in 35 Ill. Adm. Code 724.198(h)(5), the

owner or operator shall must also submit an engineering feasibility plan for a

corrective action program necessary to meet the requirements of 35 Ill. Adm.

Code 724.200, unless the owner or operator obtains written authorization in

advance from the Agency to submit a proposed permit schedule for submittal of

such a plan. To demonstrate compliance with 35 Ill. Adm. Code 724.199, the

owner or operator shall must address the following items:

1) A description of the wastes previously handled at the facility;

2) A characterization of the contaminated groundwater, including

concentrations of hazardous constituents;

3) A list of hazardous constituents for which compliance monitoring will be

undertaken in accordance with 35 Ill. Adm. Code 724.197 and 724.199;

4) Proposed concentration limits for each hazardous constituent, based on the

criteria set forth in 35 Ill. Adm. Code 724.194(a), including a justification

for establishing any alternate concentration limits;

5) Detailed plans and an engineering report describing the proposed

groundwater monitoring system, in accordance with the requirements of

35 Ill. Adm. Code 724.197; and

6) A description of proposed sampling, analysis, and statistical comparison

procedures to be utilized in evaluating groundwater monitoring data;

h) If hazardous constituents have been measured in the groundwater which that

exceed the concentration limits established under 35 Ill. Adm. Code 724.194,

Table 1, or if groundwater monitoring conducted at the time of permit application

under 35 Ill. Adm. Code 725.190 through 725.194 at the waste boundary indicates

the presence of hazardous constituents from the facility in groundwater over

background concentrations, the owner or operator shall must submit sufficient

information, supporting data, and analyses to establish a corrective action

program which that meets the requirements of 35 Ill. Adm. Code 724.200.

However, an owner or operator is not required to submit information to establish

a corrective action program if it demonstrates to the Agency that alternate

concentration limits will protect human health and the environment after

considering the criteria listed in 35 Ill. Adm. Code 724.194(b). An owner or

operator who is not required to establish a corrective action program for this

reason shall must instead submit sufficient information to establish a compliance

monitoring program which that meets the requirements of subsection (f) and 35

Ill. Adm. Code 724.199. To demonstrate compliance with 35 Ill. Adm. Code

724.200, the owner or operator shall must address, at a minimum, the following

items:

1) A characterization of the contaminated groundwater, including

concentrations of hazardous constituents;

2) The concentration limit for each hazardous constituent found in the

groundwater, as set forth in 35 Ill. Adm. Code 724.194;

3) Detailed plans and an engineering report describing the corrective action

to be taken; and

4) A description of how the groundwater monitoring program will assess the

adequacy of the corrective action.

5) The permit may contain a schedule for submittal of the information

required in subsections (h)(3) and (h)(4) of this Section, provided the

owner or operator obtains written authorization from the Agency prior to

submittal of the complete permit application.

(BOARD NOTE: See 40 CFR 270.14(c) (1987), as amended at 52 Fed. Reg. 25942, July 9,

1987, 52 Fed. Reg. 33936, September 9, 1987 and 52 Fed. Reg. 45787, December 1, 1987.)

(2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.186 Exposure Information

a) Any Part B permit application submitted by an owner or operator of a facility that

stores, treats, or disposes of hazardous waste in a surface impoundment or a

landfill must be accompanied by information, reasonably ascertainable by the

owner or operator, on the potential for the public to be exposed to hazardous

wastes or hazardous constituents through releases related to the unit. At a

minimum, such information must address the following:

1) Reasonably foreseeable potential releases from both normal operations

and accidents at the unit, including releases associated with transportation

to or from the unit;

2) The potential pathways of human exposure to hazardous wastes or

constituents resulting from the releases described under subsection (a)(1)

above of this Section; and

3) The potential magnitude and nature of the human exposure resulting from

such releases.

b) By August 8, 1985, owners and operators an owner or operator of a landfill or a

surface impoundment who that have had already submitted a Part B application

must submit have submitted the exposure information required in subsection (a)

of this Section.

BOARD NOTE: Derived from 40 CFR 270.10(j) (1992) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.187 Solid Waste Management Units

a) The following information is required for each solid waste management unit at a

facility seeking a permit:

1) The location of the unit on the topographic map required under Section

703.183(s).;

2) Designation of the type of unit.;

3) General dimensions and structural description (supply any available

drawings).;

4) When the unit was operated.; and

5) Specification of all wastes that have been managed at the unit, to the

extent available.

b) The owner or operator of any facility containing one or more solid waste

management units must submit all available information pertaining to any release

of hazardous wastes or hazardous constituents from such unit or units.

c) The owner or operator must conduct and provide the results of sampling and

analysis of groundwater, landsurface land surface and subsurface strata, surface

water or air, which may include the installation of wells, where the Agency

determines it is necessary to complete a RCRA facility assessment that will

determine if a more complete investigation is necessary.

(BOARD NOTE: See Derived from 40 CFR 270.14(d) (1987), as adopted at 52 Fed. Reg.

45787, December 1, 1987.) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.188 Other Information

The Agency may require a permittee or applicant to submit information in order to establish

permit conditions under Section 703.241(a)(2) (conditions necessary to protect human health and

the environment) and 35 Ill. Adm. Code 702.161 (duration of permits).

(BOARD NOTE: See Derived from 40 CFR 270.10(k) (1987), as adopted at 52 Fed. Reg.

45787, December 1, 1987.) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.191 Public Participation: Pre-Application Public Notice and Meeting

a) Applicability. The requirements of this Section shall must apply to any RCRA

Part B application seeking an initial permit for a hazardous waste management

unit. The requirements of this Section shall must also apply to any RCRA Part B

application seeking renewal of a permit for such a unit, where the renewal

application is proposing a significant change in facility operations. For the

purposes of this Section, a “significant change” is any change that would qualify

as a class 3 permit modification under Sections Section 703.283 and

703.Appendix A to this Part. The requirements of this Section do not apply to

permit modifications under Sections 703.280 through 703.283 or to applications

that are submitted for the sole purpose of conducting post-closure activities or

post-closure activities and corrective action at a facility.

b) Prior to the submission of a RCRA Part B permit application for a facility, the

applicant must hold at least one meeting with the public in order to solicit

questions from the community and inform the community of its proposed

hazardous waste management activities. The applicant shall must post a sign-in

sheet or otherwise provide a voluntary opportunity for attendees to provide their

names and addresses.

c) The applicant shall must submit to the Agency, as part of its RCRA Part B permit

application, a summary of the meeting, along with the list of attendees and their

addresses developed under subsection (b) of this Section and copies of any

written comments or materials submitted at the meeting, in accordance with

Section 703.183.

d) The applicant must provide public notice of the pre-application meeting at least

30 days prior to the meeting. The applicant must maintain documentation of the

notice and provide that documentation to the permitting agency upon request.

1) The applicant shall must provide public notice in each of the following

forms:

A) A newspaper advertisement. The applicant shall must publish a

notice in a newspaper of general circulation in the county that

hosts the proposed location of the facility. The notice must fulfill

the requirements set forth in subsection (d)(2) of this Section. In

addition, the Agency shall must instruct the applicant to publish

the notice in newspapers of general circulation in adjacent

counties, where the Agency determines that such publication is

necessary to inform the affected public. The notice must be

published as a display advertisement.

B) A visible and accessible sign. The applicant shall must post a

notice on a clearly marked sign at or near the facility. The notice

must fulfill the requirements set forth in subsection (d)(2) of this

Section. If the applicant places the sign on the facility property,

then the sign must be large enough to be readable from the nearest

point where the public would pass by the site.

C) A broadcast media announcement. The applicant shall must

broadcast a notice at least once on at least one local radio station or

television station. The notice must fulfill the requirements set

forth in subsection (d)(2) of this Section. The applicant may

employ another medium with prior approval of the Agency.

D) A notice to the Agency. The applicant shall must send a copy of

the newspaper notice to the permitting agency and to the

appropriate units of State and local government, in accordance

with 35 Ill. Adm. Code 705.163(a).

2) The notices required under subsection (d)(1) of this Section must include

the following:

A) The date, time, and location of the meeting;

B) A brief description of the purpose of the meeting;

C) A brief description of the facility and proposed operations,

including the address or a map (e.g., a sketched or copied street

map) of the facility location;

D) A statement encouraging people to contact the facility at least 72

hours before the meeting if they need special access to participate

in the meeting; and

E) The name, address, and telephone number of a contact person for

the applicant.

BOARD NOTE: Derived from 40 CFR 124.31 (1996) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.192 Public Participation: Public Notice of Application

a) Applicability. The requirements of this Section shall must apply to any RCRA

Part B application seeking an initial permit for a hazardous waste management

unit. The requirements of this Section shall must also apply to any RCRA Part B

application seeking renewal of a permit for such a unit under 35 Ill. Adm. Code

702.125. The requirements of this Section do not apply to permit modifications

under Sections 703.280 through 703.283 or a permit application submitted for the

sole purpose of conducting post-closure activities or post-closure activities and

corrective action at a facility.

b) Notification at application submittal.

1) The Agency shall must provide public notice as set forth in 35 Ill. Adm.

Code 705.161, and notice to appropriate units of State and local

government as set forth in 35 Ill. Adm. Code 705.163(a)(5), that a Part B

permit application has been submitted to the Agency and is available for

review.

2) The notice shall must be published within 30 calendar days after the

application is received by the Agency. The notice must include the

following information:

A) The name and telephone number of the applicant’s contact person;

B) The name and telephone number of the appropriate Agency

regional office, as directed by the Agency, and a mailing address to

which information, opinions, and inquiries may be directed

throughout the permit review process;

C) An address to which people can write in order to be put on the

facility mailing list;

D) The location where copies of the permit application and any

supporting documents can be viewed and copied;

E) A brief description of the facility and proposed operations,

including the address or a map (e.g., a sketched or copied street

map) of the facility location on the front page of the notice; and

F) The date that the application was submitted.

c) Concurrent with the notice required under subsection (b) of this Section, the

Agency shall must place the permit application and any supporting documents in

a location accessible to the public in the vicinity of the facility or at the Agency

regional office appropriate for the facility.

BOARD NOTE: Derived from 40 CFR 124.32 (1996) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.193 Public Participation: Information Repository

a) Applicability. The requirements of this Section shall must apply to any

application seeking a RCRA permit for a hazardous waste management unit.

b) The Agency shall must assess the need for an information repository on a case-

by-case basis. When assessing the need for an information repository, the

Agency shall must consider a variety of factors, including the following: the level

of public interest; the type of facility; the presence of an existing repository; and

the proximity to the nearest copy of the administrative record. If the Agency

determines, at any time after submittal of a permit application, that there is a need

for a repository, then the Agency shall must notify the facility that it must

establish and maintain an information repository. (See Section 703.248 for

similar provisions relating to the information repository during the life of a

permit.)

c) The information repository must contain all documents, reports, data, and

information deemed necessary by the Agency to fulfill the purposes for which the

repository is established. The Agency will have the discretion to limit the

contents of the repository.

d) The information repository must be located and maintained at a site chosen by the

facility. If the Agency determines that the chosen site is unsuitable for the

purposes and persons for which it was established, due to problems with the

location, hours of availability, access, or other relevant considerations, then the

Agency shall must specify a more appropriate site.

e) The Agency shall must specify requirements for the applicant for informing the

public about the information repository. At a minimum, the Agency shall must

require the facility to provide a written notice about the information repository to

all individuals on the facility mailing list.

f) The facility owner or operator shall must be responsible for maintaining and

updating the repository with appropriate information throughout a time period

specified by the Agency. The Agency may close the repository if it determines

that the repository is no longer needed based on its consideration of the factors in

subsection (b) of this Section.

BOARD NOTE: Derived from 40 CFR 124.33 (1996) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.200 Specific Part B Application Information

Additional information is required in the Part B application by the following Sections from

owners or operators of specific types of TSD unit:

a) Containers (Section 703.201);

b) Tanks (Section 703.202);

c) Surface impoundments (Section 703.203);

d) Waste piles (Section 703.204);

e) Incinerators (Section 703.205);

f) Land treatment (Section 703.206); and

g) Landfills (Section 703.207).

BOARD NOTE: Derived in part from 40 CFR 270.14(a) (1992) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.201 Containers

For facilities a facility that store stores containers of hazardous waste, except as otherwise

provided in 35 Ill. Adm. Code 724.270, the Part B application must include the following:

a) A description of the containment system to demonstrate compliance with 35 Ill.

Adm. Code 724.275. Show at least the following:

1) Basic design parameters, dimensions, and materials of construction;

2) How the design promotes drainage or how containers are kept from

contact with standing liquids in the containment system;

3) Capacity of the containment system relative to the number and volume of

containers to be stored;

4) Provisions for preventing or managing run-on; and

5) How accumulated liquids can be analyzed and removed to prevent

overflow.

b) For storage areas that store containers holding wastes that do not contain free

liquids, a demonstration of compliance with 35 Ill. Adm. Code 724.275(c),

including the following:

1) Test procedures and results or other documentation or information to show

that the wastes do not contain free liquids; and

2) A description of how the storage area is designed or operated to drain and

remove liquids or how containers are kept from contact with standing

liquids.

c) Sketches, drawings, or data demonstrating compliance with 35 Ill. Adm. Code

724.276 (location of buffer zone and containers holding ignitable or reactive

wastes) and Section 35 Ill. Adm. Code 724.277(c) (location of incompatible

wastes), where applicable.

d) Where incompatible wastes are stored or otherwise managed in containers, a

description of the procedures used to ensure compliance with 35 Ill. Adm. Code

724.117(b) and (c) and 724.277(a) and (b).

e) Information on air emission control equipment, as required in Section 703.213.

BOARD NOTE: Derived from 40 CFR 270.15 (1994), as amended at 59 Fed. Reg. 62952 (Dec.

6, 1994) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.202 Tank Systems

Except as otherwise provided in 35 Ill. Adm. Code 724.290, owners and operators the owner or

operator of facilities a facility that use uses tanks to store or treat hazardous waste shall must

provide the following additional 1information information:

a) A written assessment that is reviewed and certified by an independent, qualified,

registered professional engineer as to the structural integrity and suitability for

handling hazardous waste of each tank system, as required under 35 Ill. Adm.

Code 724.291 and 724.292;

b) Dimensions and capacity of each tank;

c) Description of feed systems, safety cutoff, bypass systems, and pressure controls

(e.g., vents);

d) A diagram of piping, instrumentation, and process flow for each tank system;

e) A description of materials and equipment used to provide external corrosion

protection, as required under 35 Ill. Adm. Code 724.292(a)(3)(B);

f) For new tank systems, a detailed descriptions of how the tank system(s) systems

will be installed in compliance with 35 Ill. Adm. Code 724.292(b), (c), (d), and

(e);

g) Detailed plans and description of how the secondary containment system for each

tank system is or will be designed, constructed, and operated to meet the

requirements of 35 Ill. Adm. Code 724.293(a), (b), (c), (d), (e), and (f);

h) For tank systems for which alternative design and operating practices are sought

pursuant to 35 Ill. Adm. Code 724.293(g), the following:

1) Detailed plans and engineering and hydrogeologic reports, as appropriate,

describing alternate design and operating practices that will, in

conjunction with location aspects, prevent the migration of any hazardous

waste or hazardous constituents into the groundwater or surface water

during the life of the facility, or

2) A detailed assessment of the substantial present or potential hazards posed

to human health or the environment should a release enter the

environment., or

3) A copy of the petition for alternative design and operating practices or, if

such have already been granted, a copy of the Board Order order granting

alternative design and operating practices;

i) Description of controls and practices to prevent spills and overflows, as required

under 35 Ill. Adm. Code 724.294(b);

j) For tank systems in which ignitable, reactive or incompatible wastes are to be

stored or treated, a description of how operating procedures and tank system and

facility design will achieve compliance with the requirements of 35 Ill. Adm.

Code 724.298 and 724.299; and

k) Information on air emission control equipment, as required in Section 703.213.

BOARD NOTE: See Derived from 40 CFR 270.16 (1994), as amended at 59 Fed. Reg. 62952

(Dec. 6, 1994) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.203 Surface Impoundments

For facilities a facility that store stores, treat treats, or dispose disposes of hazardous waste in

surface impoundments, except as otherwise provided in 35 Ill. Adm. Code 724.101, the Part B

application must include the following:

a) A list of the hazardous wastes placed or to be placed in each surface

impoundment.

b) Detailed plans and an engineering report describing how the surface

impoundment is designed and is or will be constructed, operated, and maintained

to meet the requirements of 35 Ill. Adm. Code 724.119, 724.321, 724.322, and

724.323, addressing the following items:

1) The liner system (except for an existing portion of a surface

impoundment). If an exemption from the requirement for a liner is sought,

as provided by 35 Ill. Adm. Code 724.321(b), submit a copy of the Board

order granting an adjusted standard pursuant to 35 Ill. Adm. Code

724.321(b);

2) The double liner and leak (leachate) detection, collection, and removal

system, if the surface impoundment must meet the requirements of 35 Ill.

Adm. Code 724.321(c). If an exemption from the requirements for double

liners and a leak detection, collection, and removal system or alternative

design is sought as provided by 35 Ill. Adm. Code 724.321(d), (e), or (f),

submit appropriate information;

3) If the leak detection system is located in a saturated zone, submit detailed

plans and an engineering report explaining the leak detection system

design and operation and the location of the saturated zone in relation to

the leak detection system;

4) The construction quality assurance (CQA) plan if required under 35 Ill.

Adm. Code 724.119; and

5) Proposed action leakage rate, with rationale, if required under 35 Ill. Adm.

Code 724.322; response action plan, if required under 35 Ill. Adm. Code

724.323; and a proposed pump operating level, if required under 35 Ill.

Adm. Code 724.326(d)(3);

6) Prevention of overtopping; and

7) Structural integrity of dikes.

c) A description of how each surface impoundment, including the double liner

system, leak detection system, cover system, and appurtenances for control of

overtopping will be inspected in order to meet the requirements of 35 Ill. Adm.

Code 724.326(a), (b), and (d). This information must be included in the

inspection plan submitted under Section 703.183(e).

d) A certification by a qualified engineer which that attests to the structural integrity

of each dike, as required under 35 Ill. Adm. Code 724.326(c). For new units, the

owner or operator shall must submit a statement by a qualified engineer that the

engineer will provide such a certification upon completion of construction in

accordance with the plans and specifications.

e) A description of the procedure to be used for removing a surface impoundment

from service, as required under 35 Ill. Adm. Code 724.327(b) and (c). This

information must be included in the contingency plan submitted under Section

703.183(g).

f) A description of how hazardous waste residues and contaminated materials will

be removed from the unit at closure, as required under 35 Ill. Adm. Code

724.328(a)(1). For any wastes not to be removed from the unit upon closure, the

owner or operator shall must submit detailed plans and an engineering report

describing how 35 Ill. Adm. Code 724.328(a)(2) and (b) will be complied with.

This information must be included in the closure plan and, where applicable, the

post-closure plan submitted under Section 703.183(m).

g) If ignitable or reactive wastes are to be placed in a surface impoundment, an

explanation of how 35 Ill. Adm. Code 724.329 will be complied with.

h) If incompatible wastes, or incompatible wastes and materials, will be placed in a

surface impoundment, an explanation of how 35 Ill. Adm. Code 724.330 will be

complied with.

i) A waste management plan for hazardous waste numbers F020, F021, F022, F023,

F026, and F027 describing how the surface impoundment is or will be designed,

constructed, operated, and maintained to meet the requirements of 35 Ill. Adm.

Code 724.331. This submission must address the following items, as specified in

that Section:

1) The volume, physical, and chemical characteristics of the wastes,

including their potential to migrate through soil or to volatilize or escape

into the atmosphere;

2) The attenuative properties of underlying and surrounding soils or other

materials;

3) The mobilizing properties of other materials co-disposed with these

wastes; and

4) The effectiveness of additional treatment, design, or monitoring

techniques.

j) Information on air emission control equipment, as required in Section 703.213.

BOARD NOTE: Derived from 40 CFR 270.17 (1994), as amended at 59 Fed. Reg. 62952 (Dec.

6, 1994) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.204 Waste Piles

For facilities a facility that store stores or treat treats hazardous waste in waste piles, except as

otherwise provided in 35 Ill. Adm. Code 724.101, the Part B application must include the

following:

a) A list of hazardous wastes placed or to be placed in each waste pile;

b) If an exemption is sought to 35 Ill. Adm Code 724.351 and 724.Subpart F of 35

Ill. Adm. Code 724, as provided by 35 Ill. Adm. Code 724.350(c) or

724.190(b)(2), an explanation of how the requirements of 35 Ill. Adm. Code

724.350(c) will be complied with or detailed plans and an engineering report

describing how the requirements of 35 Ill. Adm. Code 724.190(b)(2) will be met;

c) Detailed plans and an engineering report describing how the pile is designed and

is or will be constructed, operated and maintained to meet the requirements of 35

Ill. Adm. Code 724.119, 724.351, 724.352, and 724.353, addressing the following

items:

1) Liner, leak detection, and removal system.

A) The liner system (except for an existing portion of a waste pile), if

the waste pile must meet the requirements of 35 Ill. Adm. Code

724.351(a). If an exemption from the requirement for a liner is

sought, as provided by 35 Ill. Adm. Code 724.351(b), the owner or

operator shall must submit a copy of the Board order granting an

adjusted standard pursuant to 35 Ill. Adm. Code 724.351(b);

B) The double liner and leak (leachate) detection, collection and

removal system, if the waste pile must meet the requirements of 35

Ill. Adm. Code 724.351(c). If an exemption from the requirements

for double liners and a leak detection, collection, and removal

system or alternative design is sought as provided by 35 Ill. Adm.

Code 724.351(d), (e), or (f), submit appropriate information;

C) If the leak detection system is located in a saturated zone, submit

detailed plans and an engineering report explaining the leak

detection system design and operation, and the location of the

saturated zone in relation to the leak detection system;

D) The CQA plan, if required under 35 Ill. Adm. Code 724.119;

E) Proposed action leakage rate, with rationale, if required under 35

Ill. Adm. Code 724.352, and response action plan, if required

under 35 Ill. Adm. Code 724.353;

2) Control of run-on;

3) Control of run-off;

4) Management of collection and holding units associated with run-on and

run-off control systems; and

5) Control of wind dispersal of particulate matter, where applicable;

d) A description of how each waste pile, including the double liner system, leachate

collection and removal system, leak detection system, cover system, and

appurtenances for control of run-on and run-off, will be inspected in order to meet

the requirements of 35 Ill. Adm. Code 724.354(a), (b), and (c). This information

must be included in the inspection plan submitted under Section 703.183(e).;

e) If the treatment is carried out on or in the pile, details of about the process and

equipment used, and the nature and quality of the residuals;

f) If ignitable or reactive wastes are to be placed in a waste pile, an explanation of

how the requirements of 35 Ill. Adm. Code 724.356 will be complied with;

g) If incompatible wastes, or incompatible wastes and materials, will be placed in a

waste pile, an explanation of how 35 Ill. Adm. Code 724.357 will be complied

with;

h) A description of how hazardous waste residues and contaminated materials will

be removed from the waste pile at closure, as required under 35 Ill. Adm. Code

724.358(a). For any waste not to be removed from the waste pile upon closure,

the owner or operator shall must submit detailed plans and an engineering report

describing how 35 Ill. Adm. Code 724.410(a) and (b) will be complied with. This

information must be included in the closure plan and, where applicable, the post-

closure plan submitted under Section 703.183(m); and,

i) A waste management plan for hazardous waste numbers F020, F021, F022, F023,

F026, and F027 describing how the surface impoundment is or will be designed,

constructed, operated, and maintained to meet the requirements of 35 Ill. Adm.

Code 724.359. This submission must address the following items as specified in

that Section:

1) The volume, physical, and chemical characteristics of the wastes,

including their potential to migrate through soil or to volatilize or escape

into the atmosphere;

2) The attenuative properties of underlying and surrounding soils or other

materials;

3) The mobilizing properties of other materials co-disposed with these

wastes; and

4) The effectiveness of additional treatment, design, or monitoring

techniques.

BOARD NOTE: Derived from 40 CFR 270.18 (1991), as amended at 57 Fed. Reg. 3486,

January 29, 1992 (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.205 Incinerators that Burn Hazardous Waste

For facilities a facility that incinerate incinerates hazardous waste, except as 35 Ill. Adm. Code

724.440 and subsection (e) of this Section provide otherwise, the applicant must fulfill the

requirements of subsection (a), (b), or (c) of this Section in completing the Part B application:.

a) When seeking exemption under 35 Ill. Adm. Code 724.440(b) or (c) (ignitable,

corrosive, or reactive wastes only), the following requirements:

1) Documentation that the waste is listed as a hazardous waste in Subpart D

of 35 Ill. Adm. Code 721.Subpart D solely because it is ignitable (Hazard

Code I), corrosive (Hazard Code C), or both; or

2) Documentation that the waste is listed as a hazardous waste in Subpart D

of 35 Ill. Adm. Code 721.Subpart D solely because it is reactive (Hazard

Code R) for characteristics other than those listed in 35 Ill. Adm. Code

721.123(a)(4) and (a)(5) and will not be burned when other hazardous

wastes are present in the combustion zone; or

3) Documentation that the waste is a hazardous waste solely because it

possesses the characteristic of ignitability or corrosivity, or both, as

determined by the tests for characteristics of hazardous wastes under

Subpart C of 35 Ill. Adm. Code 721.Subpart C; or

4) Documentation that the waste is a hazardous waste solely because it

possesses the reactivity characteristics listed in 35 Ill. Adm. Code

721.123(a)(1) through (a)(3) or (a)(6) through (a)(8), and that it will not be

burned when other hazardous wastes are present in the combustion zone;

or.

b) Submit a trial burn plan or the results of a trial burn, including all required

determinations, in accordance with Section 703.222 et seq.; or

c) In lieu of a trial burn, the applicant may submit the following information:

1) An analysis of each waste or mixture of wastes to be burned including the

following:

A) Heat value of the waste in the form and composition in which it

will be burned;

B) Viscosity (if applicable) or description of physical form of the

waste;

C) An identification of any hazardous organic constituents listed in

Appendix H to 35 Ill. Adm. Code 721.Appendix H that are present

in the waste to be burned, except that the applicant need not

analyze for constituents listed in Appendix H to 35 Ill. Adm. Code

721.Appendix H that would reasonably not be expected to be

found in the waste. The constituents excluded from analysis must

be identified and the basis for their exclusion stated. The waste

analysis must rely on analytical techniques specified in “Test

Methods for the Evaluation of Solid Waste, Physical/Chemical

Methods,”, USEPA Publication SW-846, as incorporated by

reference at 35 Ill. Adm. Code 720.111 and Section 703.110, or

their equivalent;

D) An approximate quantification of the hazardous constituents

identified in the waste, within the precision produced by the

analytical methods specified in “Test Methods for the Evaluation

of Solid Waste, Physical/Chemical Methods,”, USEPA Publication

SW-846, as incorporated by reference at 35 Ill. Adm. Code

720.111 and Section 703.110; and

E) A quantification of those hazardous constituents in the waste that

may be designated as POHCs based on data submitted from other

trial or operational burns that demonstrate compliance with the

performance standard in 35 Ill. Adm. Code 724.443;

2) A detailed engineering description of the incinerator, including the

following:

A) Manufacturer’s name and model number of incinerator;

B) Type of incinerator;

C) Linear dimension of incinerator unit including cross sectional area

of combustion chamber;

D) Description of auxiliary fuel system (type/feed);

E) Capacity of prime mover;

F) Description of automatic waste feed cutoff systems;

G) Stack gas monitoring and pollution control monitoring system;

H) Nozzle and burner design;

I) Construction materials; and

J) Location and description of temperature, pressure and flow

indicating devices and control devices;

3) A description and analysis of the waste to be burned compared with the

waste for which data from operational or trial burns are provided to

support the contention that a trial burn is not needed. The data should

include those items listed in subsection (c)(1) of this Section. This

analysis should specify the POHCs that the applicant has identified in the

waste for which a permit is sought, and any differences from the POHCs

in the waste for which burn data are provided;

4) The design and operating conditions of the incinerator unit to be used,

compared with that for which comparative burn data are available;

5) A description of the results submitted from any previously conducted trial

burns, including the following:

A) Sampling and analysis techniques used to calculate performance

standards in 35 Ill. Adm. Code 724.443;

B) Methods and results of monitoring temperatures, waste feed rates,

carbon monoxide, and an appropriate indicator of combustion gas

velocity (including a statement concerning the precision and

accuracy of this measurement); and

C) The certification and results required by subsection (b) of this

Section;

6) The expected incinerator operation information to demonstrate compliance

with 35 Ill. Adm. Code 724.443 and 724.445, including the following:

A) Expected carbon monoxide (CO) level in the stack exhaust gas;

B) Waste feed rate;

C) Combustion zone temperature;

D) Indication of combustion gas velocity;

E) Expected stack gas volume, flow rate, and temperature;

F) Computed residence time for waste in the combustion zone;

G) Expected hydrochloric acid removal efficiency;

H) Expected fugitive emissions and their control procedures; and

I) Proposed waste feed cut-off limits based on the identified

significant operating parameters;

7) The Agency may, pursuant to 35 Ill. Adm. Code 705.122, request such

additional information as may be necessary for the Agency to determine

whether the incinerator meets the requirements of Subpart O of 35 Ill.

Adm. Code 724.Subpart 0 and what conditions are required by that

Subpart and Section 39(d) of the Environmental Protection Act [415 ILCS

5/39(d)]; and

8) Waste analysis data, including that submitted in subsection (c)(1) of this

Section, sufficient to allow the Agency to specify as permit Principal

Organic Hazardous Constituents (permit POHCs) those constituents for

which destruction and removal efficiencies will be required.

d) The Agency shall must approve a permit application without a trial burn if it finds

that the following:

1) The wastes are sufficiently similar; and

2) The incinerator units are sufficiently similar, and the data from other trial

burns are adequate to specify (under 35 Ill. Adm. Code 724.445) operating

conditions that will ensure that the performance standards in 35 Ill. Adm.

Code 724.443 will be met by the incinerator.

e) When an owner or operator demonstrates compliance with the air emission

standards and limitations of the federal National Emission Standards for

Hazardous Air Pollutants (NESHAPs) in 40 CFR 63, subpart EEE, incorporated

by reference in 35 Ill. Adm. Code 720.111 (i.e., by conducting a comprehensive

performance test and submitting a Notification of Compliance), the requirements

of this Section do not apply, except those provisions that the Agency determines

are necessary to ensure compliance with 35 Ill. Adm. Code 724.445(a) and (c) if

the owner or operator elects to comply with Section 703.320(a)(1)(A) to minimize

emissions of toxic compounds from startup, shutdown, and malfunction events.

Nevertheless, the Agency may apply the provisions of this Section, on a case-by-

case basis, for purposes of information collection in accordance with Sections

703.188 and 703.241(a)(2).

BOARD NOTE: Operating conditions used to determine effective treatment of

hazardous waste remain effective after the owner or operator demonstrates

compliance with the standards of 40 CFR 63, subpart EEE.

BOARD NOTE: Derived from 40 CFR 270.19 (1999), as amended at 64 Fed. Reg. 53076

(September 30, 1999) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.206 Land Treatment

For facilities a facility that use uses land treatment to dispose of hazardous waste, except as

otherwise provided in 35 Ill. Adm. code Code 724.101, the Part B application must include the

following:

a) A description of plans to conduct treatment demonstration, as required under 35

Ill. Adm. Code 724.372. The description must include the following information:

1) The wastes for which the demonstration will be made and the potential

hazardous constituents in the wastes;

2) The data sources to be used to make the demonstration (e.g., literature,

laboratory data, field data, or operating data);

3) Any specific laboratory or field test that will be conducted, including the

following:

A) the type of test (e.g., column leaching, degradation);

B) materials and methods, including analytical procedures;

C) expected time for completion;

D) characteristics of the unit that will be simulated in the

demonstration, including treatment zone characteristics, climatic

conditions, and operating practices;

b) A description of a land treatment program, as required under 35 Ill. Adm. Code

724.371. This information must be submitted with the plans for the treatment

demonstration, and updated following the treatment demonstration. The land

treatment program must address the following items:

1) The wastes to be land treated;

2) Design measures and operating practices necessary to maximize treatment

in accordance with 35 Ill. Adm. Code 724.373(a) including the following:

A) Waste application method and rate;

B) Measures to control soil pH;

C) Enhancement of microbial or chemical reactions; and

D) Control of moisture content;

3) Provisions for unsaturated zone monitoring, including the following:

A) Sampling equipment, procedures, and frequency;

B) Procedures for selecting sampling locations;

C) Analytical procedures;

D) Chain of custody control;

E) Procedures for establishing background values;

F) Statistical methods for interpreting results; and

G) The justification for any hazardous constituents recommended for

selection as principal hazardous constituents, in accordance with

the criteria for such selection in 35 Ill. Adm. Code 724.378(a);

4) A list of hazardous constituents reasonably expected to be in, or derived

from, the wastes to be land treated based on waste analysis performed

pursuant to 35 Ill. Adm. Code 724.113;

5) The proposed dimensions of the treatment zone;

c) A description of how the unit is or will be designed, constructed, operated, and

maintained in order to meet the requirements of 35 Ill. Adm. Code 724.373. This

submission must address the following items:

1) Control of run-on;

2) Collection and control of run-off;

3) Minimization of run-off of hazardous constituents from the treatment

zone;

4) Management of collection and holding facilities associated with run-on

and run-off control systems;

5) Periodic inspection of the unit. This information should be included in the

inspection plan submitted under Section 703.183(e); and

6) Control of wind dispersal of particulate matter, if applicable;

d) If food-chain crops are to be grown in or on the treatment zone of the land

treatment unit, a description of how the demonstration required under 35 Ill. Adm.

Code 724.376(a) will be conducted, including the following:

1) Characteristics of the food-chain crop for which the demonstration will be

made;

2) Characteristics of the waste, treatment zone, and waste application method

and rate to be used in the demonstration;

3) Procedures for crop growth, sample collection, sample analysis, and data

evaluation; and

4) Characteristics of the comparison crop including the location and

conditions under which it was or will be grown;

e) If food-chain crops are to be grown and cadmium is present in the land-treated

waste, a description of how the requirements of 35 Ill. Adm. Code 724.376(b) will

be complied with;

f) A description of the vegetative cover to be applied to closed portions of the

facility and a plan for maintaining such cover during the post-closure care period,

as required under 35 Ill. Adm. Code 724.380(a)(8) and (c)(2). This information

should be included in the closure plan and, where applicable, the post-closure care

plan submitted under Section 703.183(m);

g) If ignitable or reactive wastes will be placed in or on the treatment zone, an

explanation of how the requirements of 35 Ill. Adm. Code 724.381 will be

complied with;

h) If incompatible wastes or incompatible wastes and materials will be placed in or

on the same treatment zone, an explanation of how 35 Ill. Adm. Code 724.382

will be complied with; and

i) A waste management plan for hazardous waste numbers F020, F021, F022, F023,

F026, and F027 describing how a land treatment facility is or will be designed,

constructed, operated, and maintained to meet the requirements of 35 Ill. Adm.

Code 724.383. This submission must address the following items as specified in

that Section:

1) The volume, physical, and chemical characteristics of the wastes,

including their potential to migrate through soil or to volatilize or escape

into the atmosphere;

2) The attenuative properties of underlying and surrounding soils or other

materials;

3) The mobilizing properties of other materials co-disposed with these

wastes; and

4) The effectiveness of additional treatment, design, or monitoring

techniques.

BOARD NOTE: Derived from 40 CFR 270.20 (1992) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.207 Landfills

For facilities a facility that dispose disposes of hazardous waste in landfills, except as otherwise

provided in 35 Ill. Adm. Code 724.101, the Part B application must include the following:

a) A list of the hazardous wastes placed or to be placed in each landfill or landfill

cell;

b) Detailed plans and an engineering report describing how the landfill is designed

and is or will be constructed, operated and maintained to meet the requirements of

35 Ill. Adm. Code 724.119, 724.401, 724.402, and 724.403, addressing the

following items:

1) Liner, leak detection, collection, and removal systems.

A) The liner system (except for an existing portion of a landfill), if the

landfill must meet the requirements of 35 Ill. Adm. Code

724.401(a). If an exemption from the requirement for a liner is

sought as provided by 35 Ill. Adm. Code 724.401(b), submit a

copy of the Board order granting an adjusted standard pursuant to

35 Ill. Adm. Code 724.401(b);

B) The double liner and leak (leachate) detection, collection, and

removal system, if the landfill must meet the requirements of 35

Ill. Adm. Code 724.401(c). If an exemption from the requirements

for double liners and a leak detection, collection and removal

system or alternative design is sought as provided by 35 Ill. Adm.

Code 724.401(d), (e), or (f), submit appropriate information;

C) If the leak detection system is located in a saturated zone, submit

detailed plans and an engineering report explaining the leak

detection system design and operation, and the location of the

saturated zone in relation to the leak detection system;

D) The CQA plan, if required under 35 Ill. Adm. Code 724.119;

E) Proposed action leakage rate, with rationale, if required under 35

Ill. Adm. Code 724.402, and response action plan, if required

under 35 Ill. Adm. Code 724.404, and proposed pump operating

level, if required under 35 Ill. Adm. Code 724.403;

2) Control of run-on;

3) Control of run-off;

4) Management of collection and holding facilities associated with run-on

and run-off control systems; and

5) Control of wind dispersal of particulate matter, where applicable;

c) A description of how each landfill, including the double liner system, leachate

collection and removal system, leak detection system, cover system, and

appurtenances for control of run-on and run-off, will be inspected in order to meet

the requirements of 35 Ill. Adm. Code 724.403(a), (b), and (c). This information

must be included in the inspection plan submitted under Section 703.183(e);

d) A description of how each landfill, including the liner and cover systems, will be

inspected in order to meet the requirements of the 35 Ill. Adm. Code 724.403(a)

and (b). This information must be included in the inspection plan submitted

under Section 703.183(e);

e) Detailed plans and an engineering report describing the final cover which that will

be applied to each landfill or landfill cell at closure in accordance with 35 Ill.

Adm. Code 724.410(a), and a description of how each landfill will be maintained

and monitored after closure in accordance with 35 Ill. Adm. Code 724.410(b).

This information must be included in the closure and post-closure plans submitted

under Section 703.183(m);

f) If ignitable or reactive wastes will be landfilled, an explanation of how the

requirements of 35 Ill. Adm. Code 724.412 will be complied with;

g) If incompatible wastes, or incompatible wastes and materials, will be landfilled,

an explanation of how 35 Ill. Adm. Code 724.413 will be complied with;

h) If bulk or non-containerized liquid waste or waste containing free liquids is to be

landfilled, an explanation of how the requirements of 35 Ill. Adm. Code 724.414

will be complied with;

i) If containers of hazardous waste are to be landfilled, an explanation of how the

requirements of 35 Ill. Adm. Code 724.415 or 724.416, as applicable, will be

complied with; and,

j) A waste management plan for hazardous waste numbers F020, F021, F022, F023,

F026, and F027 describing how a landfill is or will be designed, constructed,

operated, and maintained to meet the requirements of 35 Ill. Adm. Code 724.417.

This submission must address the following items, as specified in that Section:

1) The volume, physical, and chemical characteristics of the wastes,

including their potential to migrate through soil or to volatilize or escape

into the atmosphere;

2) The attenuative properties of underlying and surrounding soils or other

materials;

3) The mobilizing properties of other materials co-disposed with these

wastes; and

4) The effectiveness of additional treatment, design, or monitoring

techniques.

BOARD NOTE: Derived from 40 CFR 270.21 (1991), as amended at 57 Fed. Reg. 3486,

January 29, 1992 (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.208 Boilers and Industrial Furnaces Burning Hazardous Waste

When an the owner or operator of a cement or lightweight aggregate kiln demonstrates

compliance with the air emission standards and limitations of the federal National Emission

Standards for Hazardous Air Pollutants (NESHAPs) in 40 CFR 63, subpart EEE, incorporated by

reference in 35 Ill. Adm. Code 720.111 (i.e., by conducting a comprehensive performance test

and submitting a Notification of Compliance), the requirements of this Section do not apply,

except those provisions that the Agency determines are necessary to ensure compliance with 35

Ill. Adm. Code 726.202(e)(1) and (e)(2)(C) if the owner or operator elects to comply with

Section 703.310(a)(1)(A) to minimize emissions of toxic compounds from startup, shutdown,

and malfunction events. Nevertheless, the Agency may apply the provisions of this Section, on a

case-by-case basis, for purposes of information collection in accordance with Sections 703.188

and 703.241(a)(2).

a) Trial burns.

1) General. Except as provided below, owners and operators an owner or

operator that are is subject to the standards to control organic emissions

provided by 35 Ill. Adm. Code 726.204, standards to control particulate

matter provided by 35 Ill. Adm. Code 726.205, standards to control metals

emissions provided by 35 Ill. Adm. Code 726.206, or standards to control

hydrogen chloride (HCl) or chlorine gas emissions provided by 35 Ill.

Adm. Code 726.207 shall must conduct a trial burn to demonstrate

conformance with those standards and shall must submit a trial burn plan

or the results of a trial burn, including all required determinations, in

accordance with Section 703.232.

A) Under subsections (a)(2) through (a)(5) of this Section and 35 Ill.

Adm. Code 726.204 through 726.207, the Agency may waive a

trial burn to demonstrate conformance with a particular emission

standard; and

B) The owner or operator may submit data in lieu of a trial burn, as

prescribed in subsection (a)(6) of this Section.

2) Waiver of trial burn of DRE (destruction removal efficiency).

A) Boilers operated under special operating requirements. When

seeking to be permitted under 35 Ill. Adm. Code 726.204(a)(4) and

726.210, which automatically waive the DRE trial burn, the owner

or operator of a boiler shall must submit documentation that the

boiler operates under the special operating requirements provided

by 35 Ill. Adm. Code 726.210.

B) Boilers and industrial furnaces burning low risk waste. When

seeking to be permitted under the provisions for low risk waste

provided by 35 Ill. Adm. Code 726.204(a)(5) and 726.209(a),

which waive the DRE trial burn, the owner or operator shall must

submit the following:

i) Documentation that the device is operated in conformance

with the requirements of 35 Ill. Adm. Code 726.209(a)(1).

ii) Results of analyses of each waste to be burned,

documenting the concentrations of nonmetal compounds

listed in Appendix H to 35 Ill. Adm. Code 721.Appendix

H, except for those constituents that would reasonably not

be expected to be in the waste. The constituents excluded

from analysis must be identified and the basis for their

exclusion explained. The analysis must rely on analytical

techniques specified in Test Methods for the Evaluation of

Solid Waste, Physical/Chemical Methods, incorporated by

reference in 35 Ill. Adm. Code 720.111.

iii) Documentation of hazardous waste firing rates and

calculations of reasonable, worst-case emission rates of

each constituent identified in subsection (a)(2)(B)(ii) of this

Section using procedures provided by 35 Ill. Adm. Code

726.209(a)(2)(B).

iv) Results of emissions dispersion modeling for emissions

identified in subsection (a)(2)(B)(iii) of this Section using

modeling procedures prescribed by 35 Ill. Adm. Code

726.206(h). The Agency shall must review the emission

modeling conducted by the applicant to determine

conformance with these procedures. The Agency shall

must either approve the modeling or determine that

alternate or supplementary modeling is appropriate.

v) Documentation that the maximum annual average ground

level concentration of each constituent identified in

subsection (a)(2)(B)(ii) of this Section quantified in

conformance with subsection (a)(2)(B)(iv) of this Section

does not exceed the allowable ambient level established in

Appendix D or E to 35 Ill. Adm. Code 726.Appendix D or

E. The acceptable ambient concentration for emitted

constituents for which a specific reference air concentration

has not been established in Appendix D to 35 Ill. Adm.

Code 726.Appendix D or risk-specific doses has not been

established in Appendix E to 35 Ill. Adm. Code

726.Appendix E is 0.1 micrograms per cubic meter, as

noted in the footnote to Appendix D to 35 Ill. Adm. Code

726.Appendix D.

3) Waiver of trial burn for metals. When seeking to be permitted under the

Tier I (or adjusted Tier I) metals feed rate screening limits provided by 35

Ill. Adm. Code 726.206(b) and (e) that control metals emissions without

requiring a trial burn, the owner or operator shall must submit the

following:

A) Documentation of the feed rate of hazardous waste, other fuels,

and industrial furnace feed stocks;

B) Documentation of the concentration of each metal controlled by 35

Ill. Adm. Code 726.206(b) or (c) in the hazardous waste, other

fuels and industrial furnace feedstocks, and calculations of the total

feed rate of each metal;

C) Documentation of how the applicant will ensure that the Tier I feed

rate screening limits provided by 35 Ill. Adm. Code 726.206(b) or

(e) will not be exceeded during the averaging period provided by

that subsection;

D) Documentation to support the determination of the TESH (terrain-

adjusted effective stack height), good engineering practice stack

height, terrain type, and land use, as provided by 35 Ill. Adm. Code

726.206(b)(3) through (5);

E) Documentation of compliance with the provisions of 35 Ill. Adm.

Code 726.206(b)(6), if applicable, for facilities with multiple

stacks;

F) Documentation that the facility does not fail the criteria provided

by 35 Ill. Adm. Code 726.206(b)(7) for eligibility to comply with

the screening limits; and

G) Proposed sampling and metals analysis plan for the hazardous

waste, other fuels, and industrial furnace feed stocks.

4) Waiver of trial burn for PM (particulate matter). When seeking to be

permitted under the low risk waste provisions of 35 Ill. Adm. Code

726.209(b), which waives the particulate standard (and trial burn to

demonstrate conformance with the particulate standard), applicants shall

must submit documentation supporting conformance with subsections

(a)(2)(B) and (a)(3) of this Section.

5) Waiver of trial burn for HCl and chlorine gas. When seeking to be

permitted under the Tier I (or adjusted Tier I) feed rate screening limits for

total chlorine and chloride provided by 35 Ill. Adm. Code 726.207(b)(1)

and (e) that control emissions of HCl and chlorine gas without requiring a

trial burn, the owner or operator shall must submit the following:

A) Documentation of the feed rate of hazardous waste, other fuels,

and industrial furnace feed stocks;

B) Documentation of the levels of total chlorine and chloride in the

hazardous waste, other fuels and industrial furnace feedstocks, and

calculations of the total feed rate of total chlorine and chloride;

C) Documentation of how the applicant will ensure that the Tier I (or

adjusted Tier I) feed rate screening limits provided by 35 Ill. Adm.

Code 726.207(b)(1) or (e) will not be exceeded during the

averaging period provided by that subsection;

D) Documentation to support the determination of the TESH, good

engineering practice stack height, terrain type and land use as

provided by 35 Ill. Adm. Code 726.207(b)(3);

E) Documentation of compliance with the provisions of 35 Ill. Adm.

Code 726.207(b)(4), if applicable, for facilities with multiple

stacks;

F) Documentation that the facility does not fail the criteria provided

by 35 Ill. Adm. Code 726.207(b)(3) for eligibility to comply with

the screening limits; and

G) Proposed sampling and analysis plan for total chlorine and

chloride for the hazardous waste, other fuels, and industrial

furnace feedstocks.

6) Data in lieu of trial burn. The owner or operator may seek an exemption

from the trial burn requirements to demonstrate conformance with Section

703.232 and 35 Ill. Adm. Code 726.204 through 726.207 by providing the

information required by Section 703.232 from previous compliance testing

of the device in conformance with 35 Ill. Adm. Code 726.203 or from

compliance testing or trial or operational burns of similar boilers or

industrial furnaces burning similar hazardous wastes under similar

conditions. If data from a similar device is used to support a trial burn

waiver, the design and operating information required by Section 703.232

must be provided for both the similar device and the device to which the

data is to be applied, and a comparison of the design and operating

information must be provided. The Agency shall must approve a permit

application without a trial burn if the Agency finds that the hazardous

wastes are sufficiently similar, the devices are sufficiently similar, the

operating conditions are sufficiently similar, and the data from other

compliance tests, trial burns, or operational burns are adequate to specify

(under 35 Ill. Adm. Code 726.102) operating conditions that will ensure

conformance with 35 Ill. Adm. Code 726.102(c). In addition, the

following information shall must be submitted:

A) For a waiver from any trial burn, the following:

i) A description and analysis of the hazardous waste to be

burned compared with the hazardous waste for which data

from compliance testing or operational or trial burns are

provided to support the contention that a trial burn is not

needed;

ii) The design and operating conditions of the boiler or

industrial furnace to be used, compared with that for which

comparative burn data are available; and

iii) Such supplemental information as the Agency finds

necessary to achieve the purposes of this subsection (a).

B) For a waiver of the DRE trial burn, the basis for selection of

POHCs (principal organic hazardous constituents) used in the

other trial or operational burns which that demonstrate compliance

with the DRE performance standard in 35 Ill. Adm. Code

726.204(a). This analysis should specify the constituents in

Appendix H to 35 Ill. Adm. Code 721.Appendix H that the

applicant has identified in the hazardous waste for which a permit

is sought and any differences from the POHCs in the hazardous

waste for which burn data are provided.

b) Alternative HC limit for industrial furnaces with organic matter in raw materials.

Owners and operators An owner or operator of industrial furnaces requesting an

alternative HC limit under 35 Ill. Adm. Code 726.204(f) shall must submit the

following information at a minimum:

1) Documentation that the furnace is designed and operated to minimize HC

emissions from fuels and raw materials;

2) Documentation of the proposed baseline flue gas HC (and CO)

concentration, including data on HC (and CO) levels during tests when the

facility produced normal products under normal operating conditions from

normal raw materials while burning normal fuels and when not burning

hazardous waste;

3) Test burn protocol to confirm the baseline HC (and CO) level including

information on the type and flow rate of all feedstreams, point of

introduction of all feedstreams, total organic carbon content (or other

appropriate measure of organic content) of all nonfuel feedstreams, and

operating conditions that affect combustion of fuels and destruction of

hydrocarbon emissions from nonfuel sources;

4) Trial burn plan to:

A) Demonstrate when burning hazardous waste that flue gas HC (and

CO) concentrations when burning hazardous waste do not exceed

the baseline HC (and CO) level; and

B) Identify, in conformance with Section 703.232(d), the types and

concentrations of organic compounds listed in Appendix H to 35

Ill. Adm. Code 721.Appendix H that are emitted when burning

hazardous waste;

5) Implementation plan to monitor over time changes in the operation of the

facility that could reduce the baseline HC level and procedures to

periodically confirm the baseline HC level; and

6) Such other information as the Agency finds necessary to achieve the

purposes of this subsection (b).

c) Alternative metals implementation approach. When seeking to be permitted

under an alternative metals implementation approach under 35 Ill. Adm. Code

726.206(f), the owner or operator shall must submit documentation specifying

how the approach ensures compliance with the metals emissions standards of 35

Ill. Adm. Code 726.106(c) or (d) and how the approach can be effectively

implemented and monitored. Further, the owner or operator shall must provide

such other information that the Agency finds necessary to achieve the purposes of

this subsection (c).

d) Automatic waste feed cutoff system. Owners and operators An owner or operator

shall must submit information describing the automatic waste feed cutoff system,

including any pre-alarm systems that may be used.

e) Direct transfer. Owners and operators An owner or operator that use uses direct

transfer operations to feed hazardous waste from transport vehicles (containers, as

defined in 35 Ill. Adm. Code 726.211) directly to the boiler or industrial furnace

shall must submit information supporting conformance with the standards for

direct transfer provided by 35 Ill. Adm. Code 726.211.

f) Residues. Owners and operators An owner or operator that claim claims that their

its residues are excluded from regulation under the provisions of 35 Ill. Adm.

Code 726.212 shall must submit information adequate to demonstrate

conformance with those provisions.

BOARD NOTE: Derived from 40 CFR 270.22 (1999), as amended at 64 Fed. Reg. 53077

(September 30, 1999) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.209 Miscellaneous Units

Except as otherwise provided in 35 Ill. Adm. Code 724.700, owners and operators the owner or

operator of facilities a facility that treat treats, store stores, or dispose disposes of hazardous

waste in miscellaneous units shall must provide the following additional information in the Part

B application:

a) A detailed description of the unit being used or proposed for use, including the

following:

1) Physical characteristics, materials of construction, and dimensions of the

unit;

2) Detailed plans and engineering reports describing how the unit will be

located, designed, constructed, operated, maintained, monitored,

inspected, and closed to comply with the requirements of 35 Ill. Adm.

Code 724.701 and 724.702; and

3) For disposal units, a detailed description of the plans to comply with the

post-closure requirements of 35 Ill. Adm. Code 724.703.;

b) Detailed hydrologic, geologic, and meteorologic assessments and land-use maps

for the region surrounding the site that address and ensure compliance of the unit

with each factor in the environmental performance standards of 35 Ill. Adm. Code

724.701. Preliminary hydrologic, geologic, and meteorologic assessments will

suffice, unless the Agency notifies the applicant that, based on the preliminary

assessments, the unit will not conform with the environmental performance

standards of 35 Ill. Adm. Code 724.701. The Agency shall must follow the

procedures for incomplete applications in 35 Ill. Adm. Code 705.122.;

c) Information on the potential pathways of exposure of humans or environmental

receptors to hazardous waste or hazardous constituents and on the potential

magnitude and nature of such exposures.;

d) For any treatment unit, a report on a demonstration of the effectiveness of the

treatment based on laboratory or field data.; and

e) Any additional information which that the Agency determines is necessary for

evaluation of compliance of the unit with the environmental performance

standards of 35 Ill. Adm. Code 724.701.

BOARD NOTE: Derived from 40 CFR 270.23 (1988) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.210 Process Vents

Except as otherwise provided in 35 Ill. Adm. Code 724.101, owners and operators the owner or

operator of facilities which have a facility that has process vents to which Subpart AA of 35 Ill.

Adm. Code 724.Subpart AA applies shall must provide the following additional information:

a) For facilities which that cannot install a closed-vent system and control device to

comply with Subpart AA of 35 Ill. Adm. Code 724.Subpart AA on the effective

date on which the facility becomes subject to that Subpart or Subpart AA of 35

Ill. Adm. Code 725.Subpart AA, an implementation schedule, as specified in 35

Ill. Adm. Code 724.933(a)(2).

b) Documentation of compliance with the process vent standards in 35 Ill. Adm.

Code 724.932, including the following:

1) Information and data identifying all affected process vents, annual

throughput and operating hours of each affected unit, estimated emission

rates for the affected vent and for the overall facility (i.e., the total

emissions for all affected vents at the facility), and the approximate

location within the facility of each affected unit (e.g., identify the

hazardous waste management units on a facility plot plan);

2) Information and data supporting estimates of vent emissions and emission

reduction achieved by add-on control devices based on engineering

calculations or source tests. For the purpose of determining compliance,

estimates of vent emissions and emission reductions must be made using

operating parameter values (e.g., temperatures, flow rates, or

concentrations) that represent the conditions that exist when the waste

management unit is operating at the highest load or capacity level

reasonably expected to occur; and

3) Information and data used to determine whether or not a process vent is

subject to 35 Ill. Adm. Code 724.932.

c) Where an owner or operator applies for permission to use a control device other

than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process

heater, condenser, or carbon adsorption system to comply with 35 Ill. Adm. Code

724.932, and chooses to use test data to determine the organic removal efficiency

or the total organic compound concentration achieved by the control device, a

performance test plan as specified in 35 Ill. Adm. Code 724.935(b)(3).

d) Documentation of compliance with 35 Ill. Adm. Code 724.933, including the

following:

1) A list of all information references and sources used in preparing the

documentation.

2) Records, including the dates of each compliance test required by 35 Ill.

Adm. Code 724.933(k).

3) A design analysis, specifications, drawings, schematics, and piping, and

instrumentation diagrams based on the appropriate sections of APTI

Course 415, incorporated by reference in 35 Ill. Adm. Code 720.111, or

other engineering texts approved by the Agency which that present basic

control device design information. The design analysis must address the

vent stream characteristics and control device parameters as specified in

35 Ill. Adm. Code 724.935(b)(4)(C).

4) A statement signed and dated by the owner or operator certifying that the

operating parameters used in the design analysis reasonably represent the

conditions which that exist when the hazardous waste management unit is

or would be operating at the highest load or capacity level reasonably

expected to occur.

5) A statement signed and dated by the owner or operator certifying that the

control device is designed to operate at an efficiency of 95 weight percent

or greater, unless the total organic emission limits of 35 Ill. Adm. Code

724.932(a) for affected process vents at the facility can be attained by a

control device involving vapor recovery at an efficiency less than 95

weight percent.

BOARD NOTE: Derived from 40 CFR 270.24 (1992) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.211 Equipment

Except as otherwise provided in 35 Ill. Adm. Code 724.101, owners and operators the owner or

operator of facilities which have a facility that has equipment to which Subpart BB of 35 Ill.

Adm. Code 724.Subpart BB applies shall must provide the following additional information:

a) For each piece of equipment to which Subpart BB of 35 Ill. Adm. Code

724.Subpart BB applies, the following:

1) Equipment identification number and hazardous waste management unit

identification;

2) Approximate locations within the facility (e.g., identify the hazardous

waste management unit on a facility plot plan);

3) Type of equipment (e.g., a pump or pipeline valve);

4) Percent by weight total organics in the hazardous wastestream at the

equipment;

5) Hazardous waste state at the equipment (e.g., gas/vapor or liquid); and

6) Method of compliance with the standard (e.g., “monthly leak detection

and repair” or “equipped with dual mechanical seals”).

b) For facilities which that cannot install a closed-vent system and control device to

comply with Subpart BB of 35 Ill. Adm. Code 724.Subpart BB on the effective

date that facility becomes subject to this Subpart or Subpart BB of 35 Ill. Adm.

Code 724.Subpart BB, an implementation schedule as specified in 35 Ill. Adm.

Code 724.933(a)(2).

c) Where an owner or operator applies for permission to use a control device other

than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process

heater, condenser, or carbon adsorption system and chooses to use test data to

determine the organic removal efficiency or the total organic compound

concentration achieved by the control device, a performance test plan as specified

in 35 Ill. Adm. Code 724.935(b)(3).

d) Documentation which that demonstrates compliance with the equipment

standards in 35 Ill. Adm. Code 724.952 or 724.959. This documentation must

contain the records required under 35 Ill. Adm. Code 724.964. The Agency shall

must request further documentation if necessary to demonstrate compliance.

Documentation to demonstrate compliance with 35 Ill. Adm. Code 724.960 must

include the following information:

1) A list of all information references and sources used in preparing the

documentation;

2) Records, including the dates of each compliance test required by 35 Ill.

Adm. Code 724.933(j);

3) A design analysis, specifications, drawings, schematics, and piping and

instrumentation diagrams based on the appropriate sections of APTI

Course 415, incorporated by reference in 35 Ill. Adm. Code 720.111, or

other engineering texts approved by the Agency which that present basic

control device design information. The design analysis must address the

vent stream characteristics and control device parameters as specified in

35 Ill. Adm. Code 724.935(b)(4)(C);

4) A statement signed and dated by the owner or operator certifying that the

operating parameters used in the design analysis reasonably represent the

conditions which that exist when the hazardous waste management unit is

or would be operating at the highest load or capacity level reasonably

expected to occur; and

5) A statement signed and dated by the owner or operator certifying that the

control device is designed to operate at an efficiency of 95 weight percent

or greater.

BOARD NOTE: Derived from 40 CFR 270.25 (1992) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.212 Drip Pads

Except as otherwise provided by 35 Ill. Adm. Code 724.101, owners and operators the owner or

operator of a hazardous waste treatment, storage, or disposal facilities facility that collect

collects, store stores, or treat treats hazardous waste on drip pads shall must provide the

following additional information:

a) A list of hazardous wastes placed or to be placed on each drip pad.

b) If an exemption is sought to Subpart F of 35 Ill. Adm. Code 724.Subpart F, as

provided by 35 Ill. Adm. Code 724.190, detailed plans and an engineering report

describing how the requirements of 35 Ill. Adm. Code 724.190(b)(2) will be met.

c) Detailed plans and an engineering report describing how the drip pad is or will be

designed, constructed, operated, and maintained to meet the requirements of 35

Ill. Adm. Code 724.673, including the as-built drawings and specifications. This

submission must address the following items, as specified in 35 Ill. Adm. Code

724.671:

1) The design characteristics of the drip pad;

2) The liner system;

3) The leakage detection system, including the leak detection system and

how it is designed to detect the failure of the drip pad or the presence of

any releases of hazardous waste or accumulated liquid at the earliest

practicable time;

4) Practices designed to maintain drip pads;

5) The associated collection system;

6) Control of run-on to the drip pad;

7) Control of run-off from the drip pad;

8) The interval at which drippage and other materials will be removed from

the associated collection system and a statement demonstrating that the

interval will be sufficient to prevent overflow onto the drip pad;

9) Cleaning procedures and documentation.:

A) Procedures for cleaning the drip pad at least once every seven days

to ensure the removal of any accumulated residues of waste or

other materials, including, but not limited to: rinsing;, washing

with detergents or other appropriate solvents;, or, steam cleaning.

And,; and

B) Provisions for documenting the date, time, and cleaning procedure

used each time the pad is cleaned.;

10) Operating practices and procedures that will be followed to ensure that

tracking of hazardous waste or waste constituents off the drip pad due to

activities by personnel or equipment is minimized;

11) Procedures for ensuring that, after removal from the treatment vessel,

treated wood from pressure and non-pressure processes is held on the drip

pad until drippage has ceased, including recordkeeping practices;

12) Provisions for ensuring that collection and holding units associated with

the run-on and run-off control systems are emptied or otherwise managed

as soon as possible after storms to maintain design capacity of the system;

13) If treatment is carried out on the drip pad, details of the process equipment

used, and the nature and quality of the residuals.;

14) A description of how each drip pad, including appurtenances for control of

run-on and run-off, will be inspected in order to meet the requirements of

35 Ill. Adm. Code 724.673. This information must be included in the

inspection plan submitted under Section 703.183(e).;

15) A certification signed by an independent qualified, registered professional

engineer, stating that the drip pad design meets the requirements of 35 Ill.

Adm. Code 724.673(a)-(f). 724.673(a) through (f); and

16) A description of how hazardous waste residues and contaminated

materials will be removed from the drip pad at closure, as required under

35 Ill. Adm. Code 724.675(a). For any waste not to be removed from the

drip pad upon closure, the owner or operator shall must submit detailed

plans and an engineering report describing how 35 Ill. Adm. Code

724.410(a) and (b) will be complied with. This information must be

included in the closure plan and, where applicable, the post-closure plan

submitted under Section 703.183(m).

BOARD NOTE: Derived from 40 CFR 270.22, adopted at 55 Fed. Reg. 50489, December 6,

1990; renumbered to 270.26 and amended at 56 Fed. Reg. 30192, July 1, 1991 (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.213 Air Emission Controls for Tanks, Surface Impoundments, and Containers

Except as otherwise provided in 35 Ill. Adm. Code 724.101, owners and operators the owner or

operator of tanks a tank, a surface impoundments impoundment, or containers a container that

use uses air emission controls in accordance with the requirements of Subpart CC of 35 Ill. Adm.

Code 724.Subpart CC shall must provide the following additional information:

a) Documentation for each floating roof cover installed on a tank subject to 35 Ill.

Adm. Code 724.984(d)(1) or (d)(2) that includes information prepared by the

owner or operator or provided by the cover manufacturer or vendor describing the

cover design, and certification by the owner or operator that the cover meets the

applicable design specifications, as listed in 35 Ill. Adm. Code 725.991(e)(1) or

(f)(1).

b) Identification of each container area subject to the requirements of Subpart CC of

35 Ill. Adm. Code 724.Subpart CC and certification by the owner or operator that

the requirements of this Subpart D are met.

c) Documentation for each enclosure used to control air pollutant emissions from

containers in accordance with the requirements of 35 Ill. Adm. Code

724.984(d)(5) or 724.986(e)(1)(ii) that includes records for the most recent set of

calculations and measurements performed by the owner or operator to verify that

the enclosure meets the criteria of a permanent total enclosure, as specified in

“Procedure T--Criteria for and Verification of a Permanent or Temporary Total

Enclosure” under 40 CFR 52.741, appendix B, incorporated by reference in 35 Ill.

Adm. Code 720.111.

d) Documentation for each floating membrane cover installed on a surface

impoundment in accordance with the requirements of 35 Ill. Adm. Code

724.985(c) that includes information prepared by the owner or operator or

provided by the cover manufacturer or vendor describing the cover design, and

certification by the owner or operator that the cover meets the specifications listed

in 35 Ill. Adm. Code 724.985(c)(1).

e) Documentation for each closed-vent system and control device installed in

accordance with the requirements of 35 Ill. Adm. Code 724.987 that includes

design and performance information, as specified in Section 703.124(c) and (d).

f) An emission monitoring plan for both Method 21 in 40 CFR 60, appendix A,

incorporated by reference in 35 Ill. Adm. Code 720.111, and control device

monitoring methods. This plan must include the following information:

monitoring points, monitoring methods for control devices, monitoring frequency,

procedures for documenting exceedances, and procedures for mitigating

noncompliances.

g) When an owner or operator of a facility subject to Subpart CC of 35 Ill. Adm.

Code 725.Subpart CC cannot comply with Subpart CC of 35 Ill. Adm. Code

724.Subpart CC by the date of permit issuance, the schedule of implementation

required under 35 Ill. Adm. Code 725.982.

BOARD NOTE: Derived from 40 CFR 270.27(a) (1997) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.214 Post-Closure Care Permits

For post-closure care permits, the owner or operator is required to submit only the information

specified in Sections 703.183(a), (d), (e), (f), (k), (m), (n), (p), (r), and (s); 703.184; 703.185; and

703.187, unless the Agency determines that additional information from Section 703.183, 703.202,

703.203, 703.204, 703.206, or 703.207 is necessary. The owner or operator is required to submit

the same information when an alternative authority is used in lieu of a post-closure permit, as

provided in Section 703.161.

BOARD NOTE: Derived from 40 CFR 270.28, as added at 63 Fed. Reg. 56735 (Oct. 22, 1998)

(2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

SUBPART E: SHORT TERM AND PHASED PERMITS

Section 703.220 Emergency Permits

a) Notwithstanding any other provision of this Part or 35 Ill. Adm. Code 702 or 705,

in the event that the Agency finds an imminent and substantial endangerment to

human health or the environment, the Agency may issue a temporary emergency

permit, as follows:

1) To a non-permitted facility to allow treatment, storage, or disposal of

hazardous waste; or

2) To a permitted facility to allow treatment, storage, or disposal of a

hazardous waste not covered by an effective permit.

b) This emergency permit must comply with all of the following requirements:

1) May be oral or written. If oral, it must be followed in five days by a

written emergency permit.

2) Shall not exceed 90 days in duration.

3) Shall clearly specify the hazardous wastes to be received and the manner

and location of their treatment, storage, or disposal.

4) May be terminated by the Agency at any time without process if it

determines that termination is appropriate to protect human health and the

environment.

5) Shall be accompanied by a public notice published under 35 Ill. Adm.

Code 705.162 including the following:

A) Name and address of the office granting the emergency

authorization;

B) Name and location of the permitted HWM facility;

C) A brief description of the wastes involved;

D) A brief description of the action authorized and reasons for

authorizing it; and

E) Duration of the emergency permit.

6) Shall incorporate, to the extent possible and not inconsistent with the

emergency situation, all applicable requirements of this Part and 35 Ill.

Adm. Code 724.

7) Emergency permits that would authorize actions not in compliance with

Board rules, other than procedural requirements, require a variance or

provisional variance pursuant to Title IX of the Environmental Protection

Act and 35 Ill. Adm. Code 104.

BOARD NOTE: Derived from 40 CFR 270.61 (1999) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.221 Alternative Compliance with the Federal NESHAPS

When an owner or operator demonstrates compliance with the air emission standards and

limitations of the federal National Emission Standards for Hazardous Air Pollutants (NESHAPs)

in 40 CFR 63, subpart EEE, incorporated by reference in 35 Ill. Adm. Code 720.111 (i.e., by

conducting a comprehensive performance test and submitting a Notification of Compliance), the

requirements of Sections 703.221 through 703.225 do not apply, except those provisions that the

Agency determines are necessary to ensure compliance with 35 Ill. Adm. Code 724.445(a) and

emissions of toxic compounds from startup, shutdown, and malfunction events. Nevertheless,

the Agency may apply the provisions of Sections 703.221 through 703.225, on a case-by-case

basis, for purposes of information collection in accordance with Sections 703.188 and

703.241(a)(2).

BOARD NOTE: Derived from 40 CFR 270.62 preamble (1999), as added at 64 Fed. Reg. 53077

(September 30, 1999) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.222 Incinerator Conditions Prior to Trial Burn

For the purposes of determining operational readiness following completion of physical

construction, the Agency shall must establish permit conditions, including but not limited to

allowable waste feeds and operating conditions, in the permit to a new hazardous waste

incinerator. These permit conditions will be effective for the minimum time required to bring

the incinerator to a point of operational readiness sufficient to conduct a trial burn, not to exceed

720 hours operating time for treatment of hazardous waste. The Agency shall must extend the

duration of this operation period once, for up to 720 additional hours, at the request of the

applicant when good cause is shown. The permit must be modified to reflect the extension

according to Section 703.280.

a) Applicants shall must submit a statement, with Part B of the permit application,

which suggests the conditions necessary to operate in compliance with the

performance standards of 35 Ill. Adm. Code 724.443 during this period. This

statement must include, at a minimum, restrictions on waste constituents, waste

feed rates, and the operating parameters identified in 35 Ill. Adm. Code 724.445;

b) The Agency shall must review this statement and any other relevant information

submitted with Part B of the permit application and specify requirements for this

period sufficient to meet the performance standards of 35 Ill. Adm. Code 724.443

based on engineering judgment.

BOARD NOTE: Derived from 40 CFR 270.62(a) (1988), as amended at 53 Fed. Reg. 37934,

September 28, 1988 (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.223 Incinerator Conditions During Trial Burn

For the purposes of determining feasibility of compliance with the performance standards of 35

Ill. Adm. Code 724.443 and of determining adequate operating conditions under 35 Ill. Adm.

Code 724.445, the Agency shall must establish conditions in the permit to a new hazardous

waste incinerator to be effective during the trial burn.

a) Applicants shall must propose a trial burn plan, prepared under subsection (b) of

this Section with Part B of the permit application;

b) The trial burn plan must include the following information:

1) An analysis of each waste or mixture of wastes to be burned that includes

the following:

A) Heat value of the waste in the form and composition in which it

will be burned;

B) Viscosity (if applicable), or description of physical form of the

waste;

C) An identification of any hazardous organic constituents listed in

Appendix H to 35 Ill. Adm. Code 721.Appendix H, that are present

in the waste to be burned, except that the applicant need not

analyze for constituents listed in Appendix H to 35 Ill. Adm. Code

721.Appendix H that would reasonably not be expected to be

found in the waste. The constituents excluded from analysis must

be identified, and the basis for their exclusion stated. The waste

analysis must rely on analytical techniques specified in “Test

Methods for the Evaluation of Solid Waste, Physical/Chemical

Methods,”, USEPA Publication SW-846, as incorporated by

reference at 35 Ill. Adm. Code 720.111 and Section 703.110, or

their equivalent;

D) An approximate quantification of the hazardous constituents

identified in the waste, within the precision produced by the

analytical methods specified in “Test Methods for the Evaluation

of Solid Waste, Physical/Chemical Methods,”, USEPA Publication

SW-846, as incorporated by reference at 35 Ill. Adm. Code

720.111 and Section 703.110, or their equivalent;

2) A detailed engineering description of the incinerator for which the permit

is sought including the following:

A) Manufacturer’s name and model number of incinerator (if

available);

B) Type of incinerator;

C) Linear dimensions of the incinerator unit including the cross

sectional area of combustion chamber;

D) Description of the auxiliary fuel system (type/feed);

E) Capacity of prime mover;

F) Description of automatic waste feed cut-off system(s) systems;

G) Stack gas monitoring and pollution control equipment;

H) Nozzle and burner design;

I) Construction materials;

J) Location and description of temperature-, pressure-, and flow

indicating flow-indicating and control devices;

3) A detailed description of sampling and monitoring procedures, including

sampling and monitoring locations in the system, the equipment to be

used, sampling and monitoring frequency, and planned analytical

procedures for sample analysis;

4) A detailed test schedule for each waste for which the trial burn is planned

including date(s) dates, duration, quantity of waste to be burned, and other

factors relevant to the Agency’s decision under subsection (e) of this

Section;

5) A detailed test protocol, including, for each waste identified, the ranges of

temperature, waste feed rate, combustion gas velocity, use of auxiliary

fuel, and any other relevant parameters that will be varied to affect the

destruction and removal efficiency of the incinerator;

6) A description of, and planned operating conditions for, any emission

control equipment that will be used;

7) Procedures for rapidly stopping waste feed, shutting down the incinerator,

and controlling emissions in the event of an equipment malfunction;

8) Such other information as the Agency reasonably finds necessary to

determine whether to approve the trial burn plan in light of the purposes of

this subsection (b) and the criteria in subsection (e) of this Section. Such

information must be requested by the Agency pursuant to 35 Ill. Adm.

Code 705.123.;

c) The Agency, in reviewing the trial burn plan, shall must evaluate the sufficiency

of the information provided and shall must require the applicant, pursuant to 35

Ill. Adm. Code 705.123, to supplement this information, if necessary, to achieve

the purposes of this Section;

d) Based on the waste analysis data in the trial burn plan, the Agency shall must

specify as trial Principal Organic Hazardous Constituents (POHCs), those

constituents for which destruction and removal efficiencies must be calculated

during the trial burn. These trial POHCs must be specified by the Agency based

on its estimate of the difficulty of incineration of the constituents identified in the

waste analysis, their concentration or mass in the waste feed, and, for wastes

listed in Subpart D of 35 Ill. Adm. Code 721.Subpart D, the hazardous waste

organic constituent of constituents identified in Appendix G or H to 35 Ill. Adm.

Code 721.Appendix G or H as the basis for listing;

e) The Agency shall must approve a trial burn plan if it finds that the following:

1) The

That the trial burn is likely to determine whether the incinerator

performance standard required by 35 Ill. Adm. Code 724.443 can be met;

2) The

That the trial burn itself will not present an imminent hazard to human

health or the environment;

3) The

That the trial burn will help the Agency to determine operating

requirements to be specified under 35 Ill. Adm. Code 724.445; and

4) The

That the information sought in subsections (e)(1) and (e)(3) of this

Section cannot reasonably be developed through other means;

f) The Agency shall must send a notice to all persons on the facility mailing list, as

set forth in 35 Ill. Adm. Code 705.161(a), and to the appropriate units of State and

local government, as set forth in 35 Ill. Adm. Code 705.163(a)(5), announcing the

scheduled commencement and completion dates for the trial burn. The applicant

may not commence the trial burn until after the Agency has issued such notice.

1) This notice must be mailed within a reasonable time period before the

scheduled trial burn. An additional notice is not required if the trial burn

is delayed due to circumstances beyond the control of the facility or the

Agency.

2) This notice must contain the following:

A) The name and telephone number of the applicant’s contact person;

B) The name and telephone number of the Agency regional office

appropriate for the facility;

C) The location where the approved trial burn plan and any

supporting documents can be reviewed and copied; and

D) An expected time period for commencement and completion of the

trial burn;

g) During each approved trial burn (or as soon after the burn as is practicable), the

applicant shall must make the following determinations:

1) A quantitative analysis of the trial POHCs, in the waste feed to the

incinerator;

2) A quantitative analysis of the exhaust gas for the concentration and mass

emissions of the trial POHCs, molecular oxygen, and hydrogen chloride

(HCl);

3) A quantitative analysis of the scrubber water (if any), ash residues, and

other residues, for the purpose of estimating the fate of the trial POHCs;

4) A computation of destruction and removal efficiency (DRE), in

accordance with the DRE formula specified in 35 Ill. Adm. Code

724.443(a);

5) If the HCl (hydrogen chloride) emission rate exceeds 1.8 kilograms of

HCl per hour (4 pounds per hour), a computation of HCl removal

efficiency, in accordance with 35 Ill. Adm. Code 724.443(b);

6) A computation of particulate emissions, in accordance with 35 Ill. Adm.

Code 724.443(c);

7) An identification of sources of fugitive emissions and their means of

control;

8) A measurement of average, maximum and minimum temperatures, and

combustion gas velocity;

9) A continuous measurement of carbon monoxide (CO) in the exhaust gas;

10) Such other information as the Agency specifies as necessary to ensure that

the trial burn will determine compliance with the performance standards in

35 Ill. Adm. Code 724.443 and to establish the operating conditions

required by 35 Ill. Adm. Code 724.445 as necessary to meet that

performance standard;

h) The applicant shall must submit to the Agency a certification that the trial burn

has been carried out in accordance with the approved trial burn plan, and shall

must submit the results of all the determinations required in subsection (g) of this

Section. This submission must be made within 90 days of after completion of the

trial burn, or later, if approved by the Agency;

i) All data collected during any trial burn must be submitted to the Agency

following the completion of the trial burn;

j) All submissions required by this Section must be certified on behalf of the

applicant by the signature of a person authorized to sign a permit application or a

report under 35 Ill. Adm. Code 702.126;

k) Based on the results of the trial burn, the Agency shall must set the operating

requirements in the final permit according to 35 Ill. Adm. Code 724.445. The

permit modification must proceed as a minor modification according to Section

703.280.

BOARD NOTE: Derived from 40 CFR 270.62(b) (1996) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.224 Incinerator Conditions After Trial Burn

For the purposes of allowing operation of a new hazardous waste incinerator following

completion of the trial burn and prior to final modification of the permit conditions to reflect the

trial burn results, the Agency may establish permit conditions, including, but not limited to,

allowable waste feeds and operating conditions sufficient to meet the requirements of 35 Ill.

Adm. Code 724.445, in the permit to a new hazardous waste incinerator. These permit

conditions will be effective for the minimum time required to complete sample analysis, data

computation, and submission of the trial burn results by the applicant and modification of the

facility permit by the Agency:.

a) Applicants must submit a statement, with Part B of the permit application, that

identifies the conditions necessary to operate in compliance with the performance

standards of 35 Ill. Adm. Code 724.443, during this period. This statement

should include, at a minimum, restrictions on waste constituents, waste feed rates,

and the operating parameters identified in 35 Ill. Adm. Code 724.445;

b) The Agency will review this statement and any other relevant information

submitted with Part B of the permit application and specify those requirements for

this period most likely to meet the performance standards of 35 Ill. Adm. Code

724.443 based on engineering judgment.

BOARD NOTE: Derived from 40 CFR 270.62(c) (1992) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.225 Trial Burns for Existing Incinerators

For the purpose of determining feasibility of compliance with the performance standards of 35

Ill. Adm. Code 724.443 and of determining adequate operating conditions under 35 Ill. Adm.

Code 724.445, the applicant for a permit for an existing hazardous waste incinerator shall must

prepare and submit a trial burn plan and perform a trial burn in accordance with Sections

703.205(b) and 703.223(b) through (e) and (g) through (j), or, instead, submit other information,

as specified in Section 703.205(c). The Agency shall must announce its intention to approve the

trial burn plan in accordance with the timing and distribution requirements of Section 703.223(f).

The contents of the notice must include the following: the name and telephone number of a

contact person at the facility; the name and telephone number of a contact office at the Agency;

the location where the trial burn plan and any supporting documents can be reviewed and copied;

and a schedule of the activities that are required prior to permit issuance, including the

anticipated time schedule for Agency approval of the plan and the time period during which the

trial burn would be conducted. Applicants submitting information under Section 703.205(a) are

exempt from compliance with 35 Ill. Adm. Code 724.443 and 724.445 and, therefore, are exempt

from the requirement to conduct a trial burn. Applicants that submit trial burn plans and receive

approval before submission of a permit application shall must complete the trial burn and submit

the results, specified in Section 703.223(g), with Part B of the permit application. If completion

of this process conflicts with the date set for submission of the Part B application, the applicant

shall must contact the Agency to establish a later date for submission of the Part B application or

the trial burn results. Trial burn results must be submitted prior to issuance of the permit. When

the applicant submits a trial burn plan with Part B of the permit application, the Agency shall

must specify a time period prior to permit issuance in which the trial burn must be conducted and

the results submitted.

BOARD NOTE: Derived from 40 CFR 270.62(d) (1996) (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.230 Land Treatment Demonstration

a) For the purpose of allowing an owner or operator to meet the treatment

demonstration requirements of 35 Ill. Adm. Code 724.372, the Agency may issue

a treatment demonstration permit. The permit must contain only those

requirements necessary to meet the standards in 35 Ill. Adm. Code 724.372(c).

The permit must be issued either as a treatment or disposal permit, covering only

the field test or laboratory analyses, or as a two phase two-phase facility permit,

covering the field tests, or laboratory analyses and design, construction, operation,

and maintenance of the land treatment unit.

1) The Agency shall must issue a two-phase facility permit if it finds that,

based on information submitted in Part B of the application, that

substantial information already exists, although incomplete or

inconclusive, information already exists upon which to base the issuance

of a facility permit;

2) If the Agency finds that not enough information exists upon which it can

establish permit conditions to attempt to provide for compliance with all

of the requirements of Subpart M of 35 Ill. Adm. Code 724.Subpart M, it

shall must issue a treatment demonstration permit covering only the field

test or laboratory analyses;

b) If the Agency finds that a phased permit is to be issued, it shall must establish, as

requirements in the first phase of the facility permit, conditions for conducting the

field tests or laboratory analyses. These permit conditions must include design

and operating parameters (including the duration of the tests or analyses and, in

the case of field tests, the horizontal and vertical dimensions of the treatment

zone), monitoring procedures, post demonstration post-demonstration cleanup

activities, and any other conditions which that the Agency finds necessary under

35 Ill. Adm. Code 724.372(c). The Agency shall must include conditions in the

second phase of the facility permit to attempt to meet all Subpart M of 35 Ill.

Adm. Code 724.Subpart M requirements pertaining to unit design, construction,

operation and maintenance. The Agency shall must establish these conditions in

the second phase of the permit based upon the substantial but incomplete or

inconclusive information contained in the Part B application, as follows:

1) The first phase of the permit becomes effective as provided in 35 Ill. Adm.

Code 705.201(d);

2) The second phase of the permit becomes effective as provided in

subsection (d) of this Section;

c) When the owner or operator who has been issued a two-phase permit has

completed the treatment demonstration, it shall must submit to the Agency a

certification, signed by a person authorized to sign a permit application or report

under 35 Ill. Adm. Code 702.126, that the field tests or laboratory analyses have

been carried out in accordance with the conditions specified in phase one of the

permit for conducting such tests or analyses. The owner or operator shall must

also submit all data collected during the field tests or laboratory analyses within

90 days of completion of those tests or analyses, unless the Agency approves a

later date;

d) If the Agency determines that the results of the field tests or laboratory analyses

meet the requirements of 35 Ill. Adm. Code 724.372, it shall must modify the

second phase of the permit to incorporate any requirements necessary for

operation of the facility in compliance with Subpart M of 35 Ill. Adm. Code

724.Subpart M, based upon the results of the field tests or laboratory analyses.

1) This permit modification may proceed as a minor modification under

Section 703.280, or otherwise must proceed as a modification under

Section 703.271(b). If such modifications are necessary, the second phase

of the permit becomes effective only after those modifications have been

made.

2) If no modifications of the second phase of the permit are necessary, or if

only minor modifications are necessary and have been made, the Agency

shall must give notice of its final decision to the permit applicant and to

each person who submitted written comments on the phased permit or

who requested notice of final decision on the second phase of the permit.

The second phase of the permit then becomes effective as specified in 35

Ill. Adm. Code 705.201(d).

BOARD NOTE: Derived from 40 CFR 270.63 (1988), as amended at 53 Fed. Reg. 37934,

September 28, 1988 (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.231 Research, Development and Demonstration Permits

a) The Agency may issue a research, development, and demonstration permit for any

hazardous waste treatment facility which that proposes to utilize an innovative

and experimental hazardous waste treatment technology or process for which

permit standards for such experimental activity have not been promulgated under

35 Ill. Adm. Code 724 or 726. Any such permit shall must include such terms

and conditions as will assure protection of human health and the environment.

Such permits a permit must provide as follows:

1) Shall

It must provide for the construction of such facilities as necessary,

and for operation of the facility for not longer than one year, unless

renewed as provided in subsection (d) of this Section and;

2) Shall

It must provide for the receipt and treatment by the facility of only

those types and quantities of hazardous waste necessary for purposes of

determining the efficacy and performance capabilities of the technology or

process and the effects of such technology or process on human health and

the environment; and

3) Shall

It must include such requirements as necessary to protect human

health and the environment (including, but not limited to, requirements

regarding monitoring, operation, financial responsibility, closure, and

remedial action), and such requirements as necessary regarding testing and

providing of information to the Agency with respect to the operation of

the facility.

b) For the purpose of expediting review and issuance of permits under this Section,

the Agency may, consistent with the protection of human health and the

environment, modify or waive permit application and permit issuance

requirements in this Part and 35 Ill. Adm. Code 702 and 705 except that there

may be no modification or waiver of regulations regarding financial responsibility

(including insurance) or of procedures regarding public participation.

c) Pursuant to Section 34 of the Act [415 ILCS 5/34], the Agency may order an

immediate termination of all operations at the facility at any time it determines

that termination is necessary to protect human health and the environment. The

permittee may seek Board review of the termination pursuant to Section 34(d) of

the Act [415 ILCS 5/39(d)].

d) Any permit issued under this Section may be renewed not more than three times.

Each such renewal shall must be for a period of not more than one year.

(Board Note: See BOARD NOTE: Derived from 40 CFR 270.65 (2002).

(Source: Amended at 27 Ill. Reg. ________, effective ____________________)

Section 703.232 Permits for Boilers and Industrial Furnaces Burning Hazardous Waste