ILLINOIS POLLUTION CONTROL BOARD
November
3,
1994
IN THE MATTER OF:
)
R94—5
UIC UPDATE, USEPA REGULATIONS
)
(Identical
in Substance Rules)
(7—1—93 THROUGH 12—31—93)
)
Adopted Rule.
Final Order.
ORDER OF THE BOARD
(by R.C. Flemal):
Pursuant to Sections 13(c)
of the Environmental Protection
Act
(Act),
the Board amends the Illinois Underground Injection
Control
(UIC) regulations.
Section 13(c) provides for quick adoption of regulations
that are “identical
in substance” to federal regulations adopted
pursuant to Section 1421 of the Safe Drinking Water Act
(42
U.S.C.
S
300h), and that Title VII of the Act and Section
5 of
the Administrative Procedure Act
(APA)
shall not apply.
Because
this rulemaking is not subject to Section 5 of the APA,
it is not
subject to first notice or to second notice review by the Joint
Committee on Administrative Rules
(JCAR).
The federal RCRA
regulations are found at 40 CFR 144,
146, and 148.
This
rulemaking updates UIC rules to correspond with major federal
amendments more fully outlined in the accompanying opinion.
This order
is supported by an opinion adopted on the same
day.
The Board will delay filing these amendments for 30 days,
specificaly to allow U.S. EPA an opportunity to comment on the
adopted amendments.
The complete text of the proposed rules
follows.
IT IS SO ORDERED.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board,
do hereby c9rtify that the abve order was adopted by the
Board
on
the
_____________
day
of
_______________,
1994,
by
a
vote
of
t-.~•
.
L
//
/;
7K~
L
~L1
/~
~
Dorothy M. ~iInn,Clerk
Illinois Po~,iutionControl Board
2
TITLE
35:
ENVIRONMENTAL
PROTECTION
SUBTITLE G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL
BOARD
SUBCHAPTER
a:
GENERAL
PROVISIONS
PART
700
OUTLINE
OF WASTE DISPOSAL
REGULATIONS
SUBPART
A:
GENERAL
Section
700.101
Applicability (Repealed)
700.102
Other Regulations
(Repealed)
700.103
Organization (Repealed)
700.104
Intent
and
Purpose_(Repealed)
700.105
Interim Status
(RonumborodRepealed)
700.106
Effective Dates
700.107
Severability (Repealed)
700.108
References to Federal Rules
(Repealed)
700.109
Permits Prior to Authorization
(Repealed)
SUBPART
B:
DEFINITIONS
Section
700.201
Definitions (Repealed)
700.205
Act
(Repealed)
700.210
chapter
7 Operating Requirements
(Repealed)
700.215
Chapter
7 Permits
(Repealed)
700.220
chapter
9 Operating Requirements
(Repealed)
700.225
Chapter
9 Permits
(Repealed)
700.230
Conflict (Repealed)
700.235
HWM
(Repealed)
700.240
operating Requirements
(Repealed)
700.245
Permit Requirements
(Repealed)
700.250
RCRA operating Requirements (Repealed)
700.255
RCRA Permit
(Repealed)
700.260
RCRA
Rules
(Repealed)
700.265
Subject To
(Repealed)
SUBPART C:
GENERATORS
Section
700.301
Permits
(Repealed)
700.302
Operating Requirements (Repealed)
700.303
Manifests
(Repealed)
700.304
Small Quantity Exemptions
(Repealed)
SUBPART D:
TRANSPORTERS
Section
700.401
Permits
(Repealed)
700.402
Operating RequirementB (Repealed)
700.403
Manifests
(Repealed)
700.404
Small Quantity Exemptions
(Repealedi
SUBPART B:
OWNERS
AND
OPERATORS OF
HWM SITES
Section
700.501
Permits
(Repealed)
700.502
Operating Requirements (Repealed)
700.503
Manifests
(Repealed)
700.504
Small Quantity Exemptions
(Repealed)
SUBPART F:
HAZARDOUS (INFECTIOUS)
HOSPITAL WASTE
Section
3
700.601
Hazardous
(Infectious) Hospital Waste
(Repealed)
700.602
General
Rule (Repealed)
700.603
Generators
(Repealed)
700.604
Transporters
(Repealed)
700.605
Owners and Operators
(Repealed)
700.Appendix A:
Applicability Provisions
(Repealed)
AUTHORITY:
Implementing Sections
13 and 22.4 and authorized by Section 27 of
the Environmental Protection Act
(Ill.
Rev.
Ctat.
1981,
oh.
111 1/2,
pars.
1013,
1022.4 and 1027.-) J415 ILCS 5/13,
22.4,
271.
SOURCE:
Adopted in R81—22,
43 PCB 427,
at
5
Ill.
Reg.
9781,
effective
Ca-a
noted in 35 Ill. Adm. Code 700.lO6May 17, 1982 amended and codified in
RB1—22, 45 PCB 317, at
6
Ill. Reg.
4828, effective as—noted in
36 Ill. Adm.
Coda 700.1O?May
17, 1982
amended in R81—32,
47 PCB 93,
at 6 Ill. Reg.
12-r655,
effective
Au
noted in 35
Iii.
Jj.dm.
Codc 700.lO6May 17,
1982
amended in
R82—18,
51 PCB 31, at 7
Ill. Reg.
2518, effective February 22,
1983;
amended
in R82—19,
at
7
Ill. Reg.
14457, effective October 12,
1983;
amended in
R83—24, at
8 Ill. Reg. 200, effective December 27,
1983;
amended in R94—5
at
18
Ill. Req.
effective
SUBPART A:
GENERAL
Section 700.101
Applicability
(Repealed)
This Part oats
rortn ruico wru~oneatormine whien
nroy~cionc
or
Parts
,~iu-;~9
are
rin
1~rnh1r
to
various
nrrsone and facilities.
(Source:
Repealed at
_____
Ill.
Reg.
________,
effective
_______
Section
700.102
Other Regulations
(Repealed)
a)
Unless otherwise expressly stated,
persona and facilities subject
to Parts
700 749 arc also subject to other Board regulations.
Applicability is determined
on
t.hc
basis
of the language
in the
etk-or Chapters.
b)
Thc following arc specific examples of other Chapters which may be
applicable to facilities subject to this Ohaptcre
1)
~..~nerators are
~
to Chapter
2i
Air Pollution.
000n
nurnLfl5
or
wastas areatina
a hatard of explosion,
fire
or
otncr scrjoup
ngrm
~
~
to Part V of Chanter
2.
Air Pollution.
Fadilitics which didchargcto ~atcrcofthcCtatemuot
4)
Facilities which discharge to sewers may be required to
obtain permits pursuant to Lubpart
B, Part
309.
6)
Land
application of sludge
is regulated pursuant to Part
309.
~ubjcct
~.1_.
!~~_
4
Ghaptcr
(Section
3
of
the
Act
and Section 721.104(b)).
7)
Livestock
waste
disposal
is
subject
to
gubtitlo B.
A~rioulturc
Related
Pollution.
8)
Operation of public water oupplica is subject to Subtitle
Fi
Public
Water
Supplies
(prior
to
codification, Chapter
6).
but
water supply sludge disposal may be subject to this
Chapter.
(Source:
Repealed at
_____
Ill.
Reg.
________,
effective
Section 700.103
Organization (Repealed)
Subtitle C
is only partly codified.
The following table is tnc intenoed
assignment of Part numbers.
40
CFR
Name or
Codification
Part
Abbreviated Name
Chapter
Ii
Pollution Control
floard
...~..~ohaptcra.
Cencral Provio...onc
~Ju~J.i.flO
—
Reserved
.....ohaptor b.
Permits
7G2
122
RCRA
and
UlO
Permits
7G3
————
122
RCRA Permits
704
—---
123
UIC Permits
705
124
Procedures
~
Permit
Issuance
~n.
~,
Parts
————
Speaiai
Waste
I and II
Transporter Permits
707
709
Reserved
710
Oh.
7,
Parts
Reserved for Coneral
I and II
Waoto Permits
711—719
——--—
——--—
Reserved
Subchapter
ci
Harardous
Waste
Operating
Requirements
720
260
General
721
261
Identification
ar’rl
Listing
262
Ceneratoro
723
263
Transporters
724
264
Reaervcd
725
-—-—
266
Interim
Standardi
for
Owners
and
Operators
726-728
---
Reserved
729
-—-—
-—--—
Reserved
for
Prohibited
5
730
731—732
-7 -7_
_7
-7
146
Special
Requirements
Operating
Requirements
I
fl
n_
~
9 Operating
Recuiremonto
—-I.,
1-lasardous
(Infectious)
Hospital Waste
Subchapter
f:
Cencral Waste Operating
Requirements
ret.
-,
n~s~
rrr
Want
71.
~
2
Re
a
en
Use
(Source:
Repealed at
_____
Ill. Reg.
__________
effective
Section 700. 104
Intent and Purpose
(Repealedi
-~Ugcd
~o
aompl2
It is the
B-a
atatus
period,
flit.
-
S.
to flORA permit
issuance,
all
facilities
,
~-—
otherwise
OUbJOOt
~o
L-ar1~
i~
uumpi.y
wi.i.n
~u
ru~u~j.rcmonto
whether
or
not
they
have
interim
status
under
40
OFR
Section
122.23.
.
Tt.-~
S.t
nnfl~
..~3
7
a)
Prior to phase
I authoriEation the Agency administered the RCDA
(Resource Conservation and Recovery Act (P.L.
94 580,
12
US-C
6901))
program
under
contract
with
USEPA
(U.S.
Environmental
Protection Aaency
~
pubiiaw....~
4+
this during thc inter~
Section
21(f)
of
the
6
Environmental Protection Act
(Ill.
Rev.
Stat.
1981,
Oh.
111
1/2, par
1021(f))
(“the Act”).
To require
RCRA
permits
or
ziwn
raai.LlticC un
identical to those
rr~mi1rnd
)w
tIrRPTt.
exocpt wncrc
‘cne
centrary intention
flORA oneratina roauLi~omun
•
inc
Board
La
these
to
be
applicaoie
to
ens
same
wastes
and
persona
tna
-~iih--”-4-
to
them
under
a
U-S-EPA administered program,
t.wj
contrary
intention
io
clearly
stated.
d)
The Board
intends the
flORA
operating requirement.. to be cumulative
with
itø existing requirements.
However, having expressly
identified
in Part 700 those Chapter
7 and Chapter 9 provisions
which are not inconsistent and at least as stringent as federal
requirements,
the Board intends the
flORA
operating
requirements
to
prevail
in
the
event
of conflict.
e)
The Board
do~c not
intend
to
impose
duplicative
paperwork
requircrnenta.
Where existing Board rules and flORA rules require
the filing of forms which are similar, the Board intends to
require only one form.
In particular, the Board intends that only
a -single manifest should accompany each load of hazardous waste.
f)
The Board intends the generator to
make
the first determination as
to whether a waste is hazardous and whether it is subject to
exemption
under
either Chapter 9 or the
RCP.A
rules
(Rule 501
of
Chapter
9
and
Section 722.111).
The
Board
...ntcnda to provide methods whereby information
concerning the status of unmanifectcd waste can be transmitted to
ouboequont handlers.
These arc
intended as optional methods which
parties handling unmanifeatcd waste may require far their
protection.
mk~.
Management
site)
owner or operator should be
able
to accept
manifested waste without the necessity for inquiry go to whether
it
is
subject to regulation under Chapter
9
or the
flORA
rules.
The
Board
intends
that
Chapter
9
requirements
should
be
deemed
satisfied
where
the
waste
has
been
properly
handled
as
though it
RCRA hazardous.
(Source:
Repealed at
_____
Ill. Reg.g.
_________,
effective
Section 700.105
Interim Status
(renumb-cred)(Repealed)
(Source:
Repealed at
_____
Ill.
Reg.
_________,
effective
—
Section 700.106
Effective Dates
a)
U.S. EPA granted interim authorization to the Illinois RCRA
Subtitle C Prooram effective Hay
17,
1982,
at 47 Fed. Req.
21043
(May 17.
1982).
U.S. EPA aranted final authorization effective
7
January 31,
1986,
at
51 Fed. Req.
3778
(January 30,
1986).
fl
The effective date of
35
Ill.
Adm. Code 700,
720
723~and
725 ~ew~
May
17,
1982.
Earlier effect
-
specified in the rules arc inoperative and arc applicable
only as federal rules.
21
The effective date of 35 Ill. Adm. Code 702
and 705, to the
extent they a~~lvto the issuance of RCRA permits, was MaY
17,
1982; however, RCRA permits were not issued prior to
January 31,
1986.
~J-
The effective date of
35 Ill. Adm. Code 703 and 724 was
October 12,
1983;
however. RCRA permits were not issued
Prior to January
31,
1986.
b)
U.S. EPA authorized the Illinois UIC
~roaram
effective March
3.
1984.
at 49 Fed.
Req.
3991
(Feb.
2.~ 1984).
e
2.)
..—~
A(~t
re.r!~
I
~
123.
to
d)
2-5
Il..
Adm. Code 702 and 705, to tho eutcnt they apply to the
i-asuanca of
flORA permits, became
effective on the effective date
of
this Section.
Uowcvcr,
flORA
permits
shall not be iasucd prior
to the date upon which UCEPA grants
final authorization for any
component of the Phase
II flORA program.
e)
35
Ill. Mm.
Code 703 and 724 became effective October 12,
1983~-
howevor,- flORA
permits
shall not be iscuod prior to the dato on
uhioh USEPA grants final authorization to the Agency to issue
permits
for that class of facility or unit.
(Source:
Amended at
_____
,I~
—~
—
__________________
1
effective
Section 700.107
Severability (ReealedI
In the event any portion of Part 700
is
declared
invalid
by
a
final
order,
no
longer
subject
to
appeal,
of any court of competent jurisdiction, then the
entirety
of
Part 700, except for Section 700.105,
shall bc inapplicable until
the Board acts to rovalidato
it.
During the period of inapplicability persons
cubjoet to Chapter 7,
9 or Part 702 through 730 shall comply ful-ly with each
as they arc made applicable under their
own
terms,
including use of separate
Chapter 9 and RCrtA manifestoi provided, however,
that persons shall comply
only with those provisions of Chapter
7 or
9 which are not inconsistent with
and at
leant
no
ntrinaont
as Parts 702 threush
730~.-
721,722,
21
The
effective date of
35
Ill.
Adiu.
Code 702,
704 and 705,
the extent they apply to the issuance of UIC (Underground
Injection Control) permits~
became
effective on the
effective date of this Seotionwas March 3,
1984.
However,
UIC
permits
shall not be issued prior to the date on which
UCEFA approves the UlO program for the State of Illinois
pursuant to Section 1422 of the
CDWA
(Safe Drinking Water
The effective date of
35 Ill. Adm. Code
on the effective date of this Ccctionwas
730 became
March
3,
effective
1984.—
However, UlO
permits
shall not be issued prior to
the
date
upon which UCEPA approves the UIC program for the State of
Illinois pursuant to Section 1422 of the CDWA and
40
CPu
8
(Source:
Repealed at
Ill.
Reg.
________,
effective
Section 700.108
References to Federal Rules
(Repealed)
References to the Code of Federal Regulations and other materials referred to
but not reproduced in this Chapter are as of the date of adoption or last
amendment by the Board of the section in which the reference occurs.
(Source:
Repealed at
Ill.
Reg.
effective
Section 700.109
Permits Prior to Authorization
(Repealed)
rercons
who have federal interim statue pursuant to 40 CPa 122.23 shall be
deemed in compliance with the permit
requirement
of Cection 2l(f)(1)
of the
Act
from
the effective date of P.A.
82-380 until Hay
17,
1982.
(Source:
Repealed at
Ill. Reg.
effective
SUBPART B:
DEFINITIONS
Section 700.201
Definitions
(Repealed)
The terms uocd in Part 700 have the same meaning as those used in the Act and
other Board regulations, including Chapter
7.
Lolid
Waste Disposal,
Chapter
9t
Special Waste Transportation,
and Parts 702 through
730.
Because Part 700
contains rules which reconcile those regulations
it is necessary to use
terms
as they are used in the other rules.
The source of the definition should be
clear from the context.
This Subpart contains definitions applicable only to
Part 700.
(Source:
Repealed at
Ill. Reg.
effective
Section 700.205
Act (Repealed)
In Part 700
“Act” means the Illinois Environmental Protection Act
(Ill. Rev.
Stat.
1979,
Oh.
11.
1/2, Section 1001).
(Source:
Repealed
at
Ill.
Reg.
_________,
effective
Section 700.210
Chapter 7 Operating Requirements
(Repealed)
Part III of Chapter
7.
(Source:
Repealed at
_____
Ill. Reg.
_________,
effective
9
Section 700.215
Chapter
7 Permits
(Repealed)
Pormitc
required pursuant to Part-~Iof Chapter
7.
(Source:
Repealed at
_____
Ill.
Reg.
________,
effective
______
Section 700.220
Chapter
9 operating Requirements (Repealed)
Parts III through VIII of Chapter
9,
excluding various provisions which are
permit rulee,
such as Rule 601(A).
(Source:
Repealed at
_____
Ill.
Reg.
_________
Section 700.225
Chapter 9 Permits (Repealed)
effective
wao~c
n..ui~.ng
pu.r-mi~u
requJ.r~u
pursuant
to Part
II of Chapter
9.
(Source:
Repealed at
_____
Ill.
Reg.
_________,
effective
Section 700.235
HWM (Repealed)
IIWH
means
hazardous waste management site.
~ara
(Source:
Repealed at
_____
Ill. Reg.
_________,
effective
______
Section 700.240
Operating Requirements
(Repealed)
Regulations which apply directly to the affected public other than
*equiromontc to obtain a permit and other than requirements concerning
application
for, modification
of, conditions to be included in and issuance of
permit.
effective
E
-~
an unrcsc
(Source:
Repealed at
Ill.
Reg.
Section 700.230
Conflict (Repealed)
Ac used i*-Part 700, “conVict”
~.eani
lvcd
4
-,
Chapter
7 or Chapter 9
and
Parts 720 through 72~,which
~
to require
thr
performance of mutually exclusive acts by persons affected by the rules.
Inconsistent definitions are not themselves conflicts,
although they may give
rise to conflicting substantive regulations.
In Part 700 the Board has
resolved all known inoonciotoncioc, but has provided general rules for the
resolution of conflicts which may arise in application.
moons otency
octwcon
(Source:
Repealed at
Ill.
Reg.
_________,
effective
10
Section 700.245
Permit Requirements
(Repealed)
Regulations which require permits together with
application, modification,
conditions and issuance of permits.
(Source:
Repealed at
_____
Ill. Reg.
_________,
effective
______
Section 700.250
RCRA Operating Requirements
(Repealed)
Parts 702W 721,
722,
723,
724 and 72g.
(Source:
Repealed at
_____
Ill. Reg.
_________,
effective
Section 700.255
RCRA Permit
(Repealed)
Permits
required under Section 21(f)
of the Aot which may be doomed issued
under Section 700.105.
(Source:
Repealed at
_____
Ill. Reg.
_________,
effective
______
Section 700.260
RCRA
Rules (Reoealed)
The term
“flORA
rules” moans Board rules which arc intended to be identical
in
substance to those USEPA rules adopted pursuant to the Resource Conservation
and Recovery Act
(42 USC 6901
at.
cog.).
This includes Parts 720,
721,
722,
723 and 725.
(Source:
Repealed at
_____
Ill.
Reg.
_________,
effective
______
Section 700.265
Subject To
(Repealed)
In this Part the
term
“oubjc~tto” a set of rules means
a person would- have to
comply with that set of rules
if
it were road apart from other rules.
For
example,
“subject to
RCRA
rubs” moana that
the
person should have to comply
with corrccpos-ding UCEPA rules under a UCEPA administered program in the
absence of Board regulations.
Appendix
I contains
a table listing important
provisions which determine the applicability of various rules.
(Source:
Repealed at
Ill. Reg.
_________,
effective
SUBPART C:
GENERATORS
Section 700.301
Permits
(Repealed)
11
9 nor the flORA rules
impos
puch.
obtain an EPA idcntifipati
a-—
fl__a-
~‘S
(Source:
Repealed at
_____
Ill.
Reg.
________,
effective
Section 700.302
Operating Requirements
(Repealed)
e-)-
-Gei~ itora which arc subject
~~iy
only with ““~—e-
.~rc
•.....rat....... rcaumrcmonto.
with b~
prevail.
d)
As used in this Soctio
rules relating to mani
(Source:
Repealed at
_____
Ill.
Reg.
_________,
effective
Section 700.303
Manifests
(Repealed)
a)
flanifeat requircmcnto of Subpart
B of Part
722
generator must forward a copy of manifests to
1_.~..
addition
~~ons
which would be requ~
under 40 CFR Part
262.
Cenoratoro subject to RCRA rules shall oomply with the manifest
requirements
of Part 722, Subpart
B.
Compliance shall be deemed
compliance with Chapter
9 manifest requirements.
napter
j
nas a
iuu
i~g/mo.
...~....ograme
(Source:
Repealed at
_____
Ill. Reg.
_________,
effective
Section 700.304
Small Quantity Exemptions
(Repealed)
-
per
210).
-*~
-t
0)
A
1t~J1l-.n.
~p-
~
--
ators
a
~
._...~_.I_
~c.__._
i1e~•t’-n•,~
-
.1r~
htii~
ir~1~
Chapter
1
r~hri11
U)
~cnc~ator~
comply only
..n~.on
~iro
i~uo~cat
with Chapter
9
to
Chapter
operating
9 but not RCRA rules shall
requirements.
and Chapter
9
ohall comply
~)
Cencrat——-’
-~‘~-
to both flORA rules
....
in the event of conflict,
flORA rules shall
———4—
.i_.._~_.
off-oitc, wacte without
a manifest
if
montn) exemption
(J~UiC
~n
have
a 1000 kg/mo. exemption coupled with a
1
tion for acute haEardoue waste and other
smami.
-_
(Section 721.105).
riuralnF
is exempt
from Chapter
9 if it generates l~nnthan 100
~mn.
er
unapter
~i
special waste,
including special waste
wni~r1
12
flORA rules
(Rule 210)
from the RC’~
Quan
Per
tity
Month
~RCRA
Hasardouc Waste
Special
Regular
Acute
Waste
1000 kg or marc
Applicable
Applicable
Applicable
100 to
1000 kg
Exempt
Applicable
Applicable
1 to 100 kg
Exempt
Applicable
Exempt
Less than
1 kg
Exempt
E~cmpt
Exempt
èThcro are other small g
table
(Section 721.105).
£3...
~
_..1
.
.1..
—
_.4_
(Source:
Repealed at
Ill. Reg.
_________,
effective
SUBPART D:
TRANSPORTERS
Section
700.40.
Permits
(Repealed)
~ranepor
numbers
tero sunject to i~art
from UCEPA (Section
;..i
euot
723.112).
ontain
3.aontir
Transporters
Lcation
subject to
Chapter
9 must obtain Agcnoy identification numbers from the
Illinois Environmental rroteotion Aeoncv.
b)
Rule 201 of Chapter
9 requires permits of transporters of special
waste.
Transporters who are subject to Part
723 must comply with
this permit requirement
if they are subject to Rule 201.
a)
Transporters who are exempt
from Rule 201 of Chapter
9 under Rule
~11 need not obtain transporter permits oven if they
a-
fl__a-
flI~
210
(Source:
Repealed at
Ill. Reg.
________,
effective
Section 700.402
Operating Requirements (Repealed)
a)
Any transporter subject to the operating requirements of
flORA
but
not Chapter
9 must comply
only with the flORA operating
requirements
(rart
723).
4_
l~
d)
A generator is exempt
~
rui~
if
it generates
1
than 1000 kg/mo.
of w.w~
n~araouo
wau~-c,
tnoluding hasardous
waste which is aloe special waste under Chapter 9p provided
hewcver that the generator may be subject to the flORA rules with
smaller quantities as act out in Section 721.105.
e)
The generator must make the first determination as to whether~—a
waste is subject to Chapter 9 or RCRA rules and whether it is
exempt.
(Rule 501 of
Chapter 9 and Section 722.111).
1)
The following table summarizes the small quantity exemptions.
13
Transporters subject to Ohap~
flORA rules must comply only
For example,
a tranc
-~
-
-
which
is
not
hasardc
only with Chapter
9
:r 9 operating requirements but not
.th Chapter
9 operating requirement
ling only Chapter
9 special waste
C 4
....-I
4
—
1
1.~..
flI1~~
.....1
o)
Transporters subject both to RCIIA rules and Chapter 9 operating
requirements shall comply with both acts of rules.
In the event
of a conflict,
RCDA
rules shall prevail.
Transporters which have a Chapter
9 permit shall placard and
d
display
their Chapter
9 number in accordance with Chapter 9
rcgardlcoc
of whether a load is subject to Chapter 9 or DCRA
rules.
c)
Ac used in this Section, operating requirements do not
include
rules relating to manifesto.
(Source:
Repealed at
_____
Ill. Reg.
________,
effective
Section 700.403
Manifests
(Repealed)
~r—h~
~diingof
~.
y—-
~f
-~
(Source:
Repealed at
_____
Ill. Reg.
_________,
effective
______
Section 700.404
Small Quantity Exemptions
(Repealed)
a)
Small quantity exemptions are directly applicable only to
generators in both Chapter
9 and the
RCRA
rules.
Transporters must obtain Chapter
9 permits and Agency
identification numbers oven
if they only transport
loads which do
not require manifests because of small quantity exemptions.
However, this does not apply to an exempt generator who transports
his own waste.
USEPA identification
numbers
are not required of
transporters who haul only exempt waste.
Comment.
Transporters ohould obtain a certification from the
generator that a load is aubjcct to exemption under Chapfr~r~
ruir~n
prior to accepting unmanifeatod waste ‘Section
725.176).
(Source:
Repealed at
_____
Ill. Reg.
_________,
effective
manifest
ro
Trarxøporter
toots
by transporters arc substantially
...aonttoa..
.~...
..
Chapter
9.
U)
Trririnnortcrs who accept manifested waste in accordance with
‘uiu~
,irlnnn
nrtSILI
r~
deemed to have complied
with
thr~ (Th
rii-~r
~
(Part V of
shall
14
SUBPART
E:
OWNERS
AND
OPERATORS
OF
HWM SITES
Section 700.501
Permits
(Repealed)
a)
Section 21(f)
of the Environmental Protection Act and 35
Iii.
Adm.
Cods 703 require
flORA
porluito
for owners and operators of RWM
facilities.
35
Ill.
Adm.
Code 703 contains “interim statup” rules
which provide that flORA permits are deemed issued for certain
facilities.
b)
1)
After
final authorie-ation the owner or operator of an HWM
facility for which an actual flORA permit has been isøued
must obtain a permit pursuant to Section 21(d)
of the
Environmental Protection Apt,
and 35 Iii.
Adm.
Code
907.2-01
and 807.202 only for treatment,
storage and disposal units
which accept non hazardous waste and which are otherwise
subject to that
permit
requirement.
The
Agency may
consolidate these permits for review.
2-)
Until final authorization HWH owners and operators must
obtain permits pursuant to Section
2 1(d) of
the
Environmental Protection Act and 35
Ill.
Adxtt.
Code 907.201
and 807.202
if they arc subject to those rules.
Examploc
of
facilities subject to the flORA
rules
but not Chapter
7
inolude sites conducting
open
burning of explosive waste or
land application of cludge.
a)
Owners and operators subject to the RCRA rules must obtain a UCEPA
identification number from UCEPA (Section 725.111).
(Source:
Repealed at
Ill.
Reg.
effective
700.502
Operating Requirements
(Repealed)
Section
a)
Owners
and operatoro who are subject to
flORA
operating
requirements
(Part 725) but not Part III of Chapter 7 shall comply
with Part 725.
For example,
oites conducting open burning of
explosive waste arc not subject to Chapter
7 operating
requirements.
b)
Owners
and operators who arc subject to the operating requirements
of Chapter
7,
Part III, but not Part 725,
shall comply only with
Chapter
7, Part
III.
For example,
landfills need comply only with
Chapter 7 if they accept only garbage and special waste
(as
defined in
Chapter
9) which
is not hazardous
(as defined in the
RORA
rules).
0)
Owners
and operators
cubje-ot
both
to the operating
requirements of
Part 725 and rart III of Ghapter
7 must comply with both.
However,
in the event of conflict,
Part 725 controls.
d)
Subpart A contains rules on application of other
Reard
nhn~terti..
-
-—C-
e)
As used
in thi-~
a-~_
~
a-
._a-
rules relating
15
(Source:
Repealed at
Ill. Reg.
_________,
effective
Section 700.503
Manifests
(Repealed)
or operator must forward a copy of manifests to the
b)
For waste which is
subject to Chapter 9 but not the flORA rules,
the owner or operator need comply only with
the
Chapter
9 manifest
rules.
For waste which is aubjoot to both the Chapter 9 and flORA
rules,
the owner or operator shall comply with the manifest
requirements of Part
725, Subpart
E.
This
is deemed compliance
with the requirements of Rule 302
of Chapter
9-.~
Comment.
It
is recommended that the owner or operator comply with
Section 725.176, unmanifested waste report,
re-gardlees of whether
the
waste is unmanifeoted because
it is claimed to be exempt under
the RCRA rules of Chapter 9.
The
owner
or operator should request
a certification from the generator or transporter before accepting
unmanifccted waste claimed to be exempt under the
100 kg exemption
of Rule 210.
(Source:
Repealed at
Ill.
Reg.
_________,
effective
Section 700.504
Small Quantity Exemptions (Repealed)
Small quantity exemptions are not generally directly applicable to owners and
operators.
Chapter
7 prohibits lundfilling of hazardous waste
in any quantity
without
a proper permit
(Rule 310).
Comment.
The ownor or operator should complete an unmanifested waste report
for waste which
is received without a manifest regardless of whether exemption
is
claimed under Chapter
9 or the
flORA
rules.
The
owner
or operator should
request a certification pursuant to Section 725.176 for waste which
is claimed
to be exempt under Chapter
9.
(Source:
Repealed at
_____
Ill.
Reg.
_________,
effective
SUBPART F:
HAZARDOUS
(INFECTIOUS) HOSPITAL WASTE
Section 700.601
Hazardous (Infectious) Hospital Waste
(Repealed)
a)
“Hazardous
(infectious) hospital waste”
is
defined in Section
3
of
the Act and Rule 901 of Chapter
9.
The definition of “hazardous”
found in Part 720 is not intended to be read with this definition.
“Hazardous
(infectious) hospital waste”
is not necessarily a
“hazardous” waste subject to the RCRA rules.
However,
it may be
flORA “hazardous”.
The applicability of the flORA
rules
is
determined by the language found there.
ouo) hospital
~
16
(Source:
Repealed at
Ill. Reg.
effective
Section 700.602
General Rule (Repealed)
A person who is subject to Part
IX of Chapter 9 but not the RCRA rules shall
comply with
Part
IX of Chapter
9 but not the
flORA
rules.
A person who is
subject to both Part IX of Chapter 9 and the
flORA rules ohall comply with
both.
However,
in the event of conflict, the nOnr. rules control,
except that
hazardous
(infectious) hospital waste cannot be landfilled.
(Source:
Repealed at
Ill.
Reg.
effective
Section 700.603
Generators
(Repealed)
A person
who generates hasardouc
(infectious) hospital waste which
is also
harardouo- under the
flORA
rules must comply
with the applicable
requirements,
including.
a)
UBEPA identification
numbers
(Seotion 722.112)
b)
~1anifcstrequirements
(Section 722.120)
(Source:
Repealed at
Ill. Reg.
effective
Section 700.604
Transporters (Repealed)
A—person who transports hazardous
(infectious) hoopital waste must have
a
Chapter 9 transporter
permit
(Rule 201 of Chapter 9).
If it
is also
flORA
haEardouo,
a UCEFA identification number is required
(Section 723.111).
Transportation may require
a manifest
(Section 723.120 or Rule 601 of Chapter
*r
inst the
flORA
h~
or who otorilic
of a toxic
cc
— ——
J
(Source:
Repealed at
_____
Ill.
Reg.
_________,
effective
______
Section 700.605
Owners and Operators
(Repealed)
a~
A person who renders innocuous hazardous
(infectious) hospital
waste which is also
flORA
hazardous
is an HWH owner or operator who
j~
~uh~ppt
to Part
725.
This is true evan if the treatment
is
ineffective aga
azardous component.
For example,
owner
or
operat
so
infectious
waote
which
is
ROR?
hazardous only because
xnponent unal
cd by
sterilization is treating hasardouc waste
(Section 720.110 and
Section 725.101).
b)
A person who renders hazardous
~(infcctiouc)hospital waste
innocuous by ineirtcration
is subject to an incinerator permit
requirement
(Rule 103 of Chapter
2 and Rule 904 of Chapter
9,
Loction 700.102).
a)
A person who renders innocuous hazardous
(infectious) hoopital
t~r
17
waste may become a hazardous, or special waste generator
if he
initiates
a
shipment
of
innocuous
waste
which
is
hazardous
under
the
R~RA
rules,
or
special
under
Chapter
9
(Section
3
of
the
Apt,
Rule
301
of
Chapter
9
and
Section
722.101(f)).
Per oxantpio,
an
infectious
waste
which
has been sterilized but which also contains
a
toxic
component
would
require
a
manifest
if
shipped
for
further
treatment
or
disposal.
-..-~
-
facilities which have
a Chapter
7
nermit
‘Rule 904 of Chapter 9)~
e~
Hazardous
(LnreutLous
wauto
m~-.r
not
.~edonopitcu
landf~iiotr~tion21’n’
or tne
~
(Source:
Repealed at
_____
Ill.
Reg.
_________,
effective
700.ArpBflDlxppendix A TO PART 700_
Applicability Provisions
(Retealed)
APPLICABILITY PROVISIONS
The following table lists rules which are important
.....
doterrn
applicability
of
various
ecto
of
regulations.
~tei-tn~
Rules
Part
;u~s.L.i1
flORA Permj.t
Requirement
Fart
703.140
Permits
by
Rule
and
Inter
Ct
seq.
Part
72O.~ Definition of flORA flazaruous Wa
Appcnai.x A)
and Small Quantity Excm
Part
721,)
Subpart
A)
Ccncratorc
Part
723.110
Transporters
Part
724.101
nwn
Owners
anu
Oncrators
and
Part
725.101
Chapter
~
Rule
103
uuL.ni.t~on
~LE
Leecipi.
wup
Ruie
201
Special
Waste
Permits
Rule 210
Small Quanti~yExcmpt~ons
Ruic
~i
Transporter
Euampt~one
Hazardous
Rule
901
Defin........on
of
Hazardous
(Infootiouc)
Hospital
Waste
Rule
104
Definition
of
Solid Waste
flanagcmcnt
18
Section
3 of
Definition of Waste
the
Act
Rules 201,
202
Permit Requirements
and 302
(Source:
Repealed at
Ill. Reg.
_________,
effective
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER b:
PERMITS
PART
702
RCRA
AND
UIC PERMIT PROGRAMS
SUBPART A:
GENERAL PROVISIONS
Section
702.101
Purpose,
Scope,
and Applicability
702.102
Purpose and Scope
(Repealed)
702.103
Confidentiality of Information Submitted to the Agency or Board
702. 104
References
702. 105
Rulemaking
702.106
Adoption of Agency Criteria
702.107
Permit Appeals and Review of Agency Determinations
702.108
Variances and Adjusted Standards
702.109
Enforcement Actions
702. 110
Definitions
SUBPART B:
PERMIT APPLICATIONS
Section
702.120
Permit Application
702.121
Who Applies
702.122
Completeness
702.123
Information Requirements
702.124
Recordkeeping
702.125
Continuation of Expiring Permits
702.126
Signatories to Permit Applications and Reports
SUBPART C:
PERMIT CONDITIONS
Section
702.140
Conditions Applicable to all Permits
702.141
Duty to Comply
702.142
Duty to Reapply
702.143
Need to Halt or Reduce Activity Not
a Defense
702.144
Duty to Mitigate
702.145
Proper Operation and Maintenance
702.146
Permit Actions
702.147
Property Rights
702.148
Duty to Provide Information
702.149
Inspection and Entry
702.150
Monitoring and Records
702.151
Signatery~~Requirements
702.152
Reporting Requirements
19
702.160
Establishing Permit Conditions
702.161
Duration of Permits
702.162
Schedules of Compliance
702.163
Alternative Schedules of Compliance
702.164
Recording and Reporting
SUBPART
D:
ISSUED PERMITS
Section
702.181
Effect of a Permit
702.182
Transfer
702
.
183
Modification
702.184
Causes for Modification
702.185
Facility Siting
702.186
Revocation
702.187
Minor Modifications
AUTHORITY:
Implementing Section 13 and 22.4 and authorized by Section 27 of
the Environmental Protection Act
(Ill.
Rev.
Stat.
1991,
ch.
1ll~,pars.
1013
1022.4 and
1027)
(415 ILCS 5/13,
22.4 and 271+.
SOURCE:
Adopted in R81—32,
47
PCB 93,
at
6 Ill. Reg.
12479, effective as
noted in 35 Ill. Adm. Code 700.lO6May
17, 1982 amended
in R82-19,
at 53 PCB
131,
7 Ill.
Reg.
14352,
an noted in 35 Ill. Adm. Code 70O.1O~May17, 1982
amended in R84—9 at
9
Ill. Reg.
11926, effective July 24,
1985;
amended in
R85—23 at 10 Ill. Reg.
13274, effective July 29,
1986; amended in R86—l at
10
Ill.
Rep.
14083, effective August
12, 1986;
amended in R86—28
at
11
Ill. Reg.
6131, effective March 24,
1987;
amended in R87—5
at
11
Ill.
Reg.
19376,
effective November
12,
1987;
amended in R87—26 at
12 Ill. Reg.
2579, effective
January 15,
1988;
amended in R87—29
at
12 Ill. Reg.
6673,
effective March 28,
1988;
amended
in R87—39 at 12 13083, effective July 29,
1988;
amended in R89—1
at
13
Ill. Reg.
18452, effective November 13,
1989; amended
in R89—2 at
14
Ill.
Reg.
3089, effective February
20,
1990;
amended in R89—9 at 14 Ill. Reg.
6273, effective April
16,
1990;
amended in R92—10 at 17
Ill.
Reg.
5769,
effective March 26,
1993;
amended in
R93—16
at 18
Ill. Reg.
6918, effective
April
26,
1994; amended in R94—5 at
18 Ill. Rep.
,
effective
SUBPART
A:
GENERAL PROVISIONS
Section 702.101
Purpose,
Scope. and Applicability
a)
Coverage
1)
These permit regulations include provisions for two permit
programs:
A)
The
RCRA
(Resource Conservation and Recovery Act)
permit
program under Title V and Title X of the
Environmental Protection Act.
B)
The UIC (Underground Injection Control) permit program
under Title III and Title X of the Environmental
Protection Act.
2)
These regulations cover basic permitting requirements
(35
Ill. Adm. Code 702, 703~and 704) and procedures for
processing of permit applications
(35
Ill.
Adm. Code 705)
for the
RCRA
and UIC permit programs.
3)
35 Ill. Adm. Code 702,
703, 704~and 705 are derived from 40
CFR 122 and 124144 and 270.
20
b)
Structure
1)
These regulations comprise four Parts:
A)
35
Ill. Adm. Code 702 contains definitions applicable
to 35
Ill.
Adm. Code 702,
703,
7044
and 705.
It also
contains basic permitting requirements for the RCRA
and UIC programs.
B)
35
Ill. Adm. Code 703 contains requirements specific
to
RCRA
permits.
In case of inconsistency between 35
Ill. Adm.
Code 702 and
703,
35 Ill. Adm. Code 703 will
control.
C)
35
Ill. Adm. Code 704 contains requirements specific
to UIC permits.
In case of inconsistency between
35
Ill. Adm. Code 702 and 704,
35 Ill.
Adm.
Code 704 will
control.
D)
35 Ill. Adm. Code 705 establishes procedures for
issuance by the Agency of RCRA and UIC permits.
2)
35
Ill.
Adm.
Code 702, 703~and 704 are organized into
subparts.
The structure and coverage of these Parts
is
indicated
in the following table:
RCRA
AND
UIC
RCRA
UIC
35
Ill. Adm.
35
Ill.
Adm.
35
Ill.
Adm.
CODE 702,
CODE 703,
CODE 704
SUBPART
SUBPART
SUBPART
General
A
A
A
Prohibitions
—-—-
B
B
Authorization
byRule
C
C
Application
B
D and E
D
Conditions
C
F
E
Issued Permits
D
Hazardous
Waste Wells
F
c)
Relation to Other Requirements
1)
Permit Application Forms.
Applicants
for RCRA or UIC
permits and persons seeking interim status under RCRA must
submit their applications on Agency
permit
application forms
when available.
2)
Technical Regulations.
The two permit programs whichthat
are covered in these permit regulations each have separate
additional regulations that contain technical requirements
for those programs.
These separate regulations are used by
the Agency to determine what requirements must be placed in
permits if they are issued.
These separate regulations are
located as follows:
RCRA
35
Ill.
Adm.
Code 720 through
725-6. 728~
and 739
UIC
35
Ill.
Adm.
Code 730 and 738
f-BoardOARD
NeteQ~:
40 CFR 122..lflerived
in gianif
leant
2.
part from
40 CFR 144.1
(1993)
and 270.1 (1992).±
(Source:
Amended at
18
Ill.
Reg.
________,
effective
____________
Section 702.102
Purpose and Scope
(Repealed)
a)
Part 702 contains definitions
(Soc.
702.110)
and basic permitting
roquiromonta
(Subparts B,
C and B).
Definitions are given for the
ROIIA and UIO programs.
The permitting requirements apply to the
progr~e.
flORA and UlO
b)
35 Ill.
Mm.
Code 703 and 704 contain additional requirements for
flflfllt
rinr~
T1T(~1 rtt~rm4$~f’inn
icspeptiw~1tr~
(Board Notei
Boo
40 CFR 122.2.)
(Source:
Repealed at
18
Ill.
Reg.
________,
effective
______________________
Section 702.103
Confidentiality of Information Submitted to the Agency or
Board
a)
In accordance with Section 7 of the Environmental Protection Act~
and as required by 40 CFR 2,
certain information submitted to the
Agency or Board pursuant to these regulations may be claimed as
confidential by the submitter.
Any such claim must be asserted at
the time of submission in the manner prescribed on the application
form
or inotruotiono or,
in case of other submissions.
by stamping
the words
“confidential business information” on caun page
containing ouch information by
35
Ill.
Adm. Code lOl.Suboart
B and
~Q.
If no claim is
made at the time of submission, the Agency ~
Board may make the information available to the public without
further notice.
If
a claim is asserted,
the information will be
treated in accordance with 35 Ill. Adm.
Code 120 and Board and
Agency procedures.
(35
Ill.
Adm.
Coda
10-1.107 and 120)
b)
Claims of confidentiality for the following information will be
denied:
1)
The name and address of any permit applicant or permittee;
2)
The identity of substances being placed or to be placed in
landfills or hazardous waste treatment,
storage~or disposal
facilities.
3)
For UIC permits,
information whichthat deals with the
existence, absence~or level of contaminants
in drinking
water.
(Board NoteBOARD NOTE:
&eeDerived from 40 CFR 122.19144.5
(19931 and 270.12
(1992).+
(Source:
Amended at
18 Ill. Reg.
________,
effective
_____________________
Section 702.104
References
Ccc
35
Ill.
Adm.
Code 720.111 includes
aJ.
sources incorporated by reference
for the Illinois RCRA and UIC programs.
BOARD NOTE:
Derived fromThis Section corresPonds with 40 CFR 270.6 (1988).
(Source:
Amended at 18 Ill. Reg.
________,
ef feetive
I
22
Section 702.105
Rulemaking
a)
Identical—in—Substance Regulations.
jj
Twice each year. the Board reserves rulemaking dockets
pursuant to Sections 13(c)
and 22.4(a)
of the Act. aenerally
to include all federal RCRA or UIC amendments that occurred
in either of the prior concluded periods of January
1
through June 30 or July 1 throuah December 31 of each
calendar year.
The Board reviews the federal actions that
occurred in the period of interest and includes those that
require Board action in the docket.
The Board initiates
proposed amendments
to the RCRA or UIC ~roaram
if
arty are
made necessary.
so no rulemaking proposal
is necessary for
the included amendments.
21
AFor
p~y
other identical—in—substance rulemaking actions,
~ny person may petition the Board to
adopt-r pursuant to
Sections 13(c)
and 22.4(a)
of
the Environmental rrotcotion
Act,
as state regulations,
rules whichthat are identical in
substance with newly adoptcd~ federal amendments or
regulations applicablepertinent to the Illinois RCRA or UIC
program or
permit
issuance.
The petition shall take the
form of a proposal for rulemaking pursuant to 35 Ill. Adm.
Code 102.
The proposal shall
include a listing of all
amendments,
since the last amendment of or proposal to amend
35
Ill. Mm. Code 702 through
705,
to the portions of 40 CFR
122 and 124 which relate to RCRA and UIC permits of interest
to the petitioner.
b)
Other Regulations.
With respect to the Illinois RCRA and~UIC
~roaram or permits issuance,
any person may petition the Board to
adopt amendments or additional regulations
whichthat are not
identical in substance with~ federal regulations.
Such proposal
shall conform to 35
Ill. Adm. Code 102, and Title VII and Sections
13(d),
22.4(b)
and 22.4(c)
of the Environmental Protection Act.
(Source:
Amended at 18
Ill. Reg.
________,
effective
_____________________
Section 702.106
Adoption of Agency Criteria
a)
The purpose of this eSection
is to allowauthorize the Agency to
publish criteria whichthat will give guidance to the public as to
what it will approve in RCRA and UIC permit applications and as to
what conditions
it will impose in permit issuance.
The statutory
authority for the Agency adopting such criteria
is the Agency’s
authority to issue permits pursuant to Sections
4 and 39 of the
Environmental Protection Act, and the requirement of the
Administrative Procedure Act
(Ill. Rev.
Stat.
1981,
ch.
127,
parr
10O1)~5 ILCS 1001 that agencies codify policies or interpretations
of general applicability that affect~*tqpersons outside the agency
a*e~rules.
b)
With respect to review of permit applications and establishment of
permit conditions~the Agency shall
adopt as criteria any policies
and interpretations of general applicability affecting persons
outside the Agency.
c)
Any criteria whiohthat are adopted shall include:
1)
Clear references to related provisions
of the appropriate
Act and Board regulations;
23
2)
A statement that the criteria are not Board regulations;
3)
A statement that the criteria apply only to review of
permit
applications and establishment of conditions;
and
4)
Procedures to be followed if an applicant wishes to deviate
from Agency criteria.
d)
For purposes of permit issuance,
proof of compliance with criteria
is prima facie proof of compliance with related provisions of the
appropriate Act and Board regulations-~-~
4~fiowever, persons other
than the Agency may challenge criteria as applied
in the context
of permit issuance.
(Source:
Amended at 18
Ill. Reg.
________,
effective
______________________
Section 702.107
Permit Appeals and Review of Agency Determinations
Unless the contrary intention is indicated,
all actions taken by the Agency
under
35 Ill. Adm.
Code 7027- 703,through
704,
7241 through 726,
728,
er—730~
or
738 are to be done as part of an original permit application or a
proceeding for modification of an issued permit.
Such actions are subject to
the procedural requirements of
35
Ill. Adm. Code 705.
~
Any final Agency action on an oriainal permit application or a
~roceedin~ for modification of an issued
permit,
or
any
action
for
review of a final Agency determination required by these
regulations,
may be appealed
to
the Board
pursuant to Title X of
the Environmental Protection Act and 35
Ill. Adm.
Code 105 and
705.212.
~j
Other aActions that are
not required by these regulations, whether
undertaken by the Agency gratuitously or pursuant to a statutory
authorization,
such as one taken to enforce a bond, insurance
policy.~.or similar instrument of
a contractual nature or one
intended to guide
a regulated person in seeking compliance with
the regulations, are not necessarily permit modifications
as4reviewable by the Board.
The affected person may ~e
cnforaodseek review of those determinations
in any court with~
competent jurisdiction.
(Source:
Amended
at 18
Ill. Reg.
________,
effective
_____________________
Section 702.108
Variances and Adjusted Standards
a)
The Agency has no authority to issue any permit whichthat
is
inconsistent with Board regulations.
If an applicant seeks
a
permit whiohthat would authorize actions which would be~r~
inconsistent with Board regulations, including delayed compliance
dates,
the applicant should file for either of two
forms of
relief:
fl
As petition
for a variance petition pursuant to Title IX of
the Environmental Protection Act
(Act)
~4l5 ILCS
51 and 35
Ill. Adm. Code 104;
or
21
A petition for an adjusted standard pursuant to Section 28.2
-
of
the Act and 35
Ill.
Adm. Code 106.
b)
The Agency must file a recommendation prior to any public hearing
on ouch awithin prescribed times following the filing of
a
petition for
a variance petitionor adjusted standard.
The
24
recommendation must include a draft
of the language the Agency
proposes to include in the permit if its recommendation is
accepted.
c)
If the Board grants
a variance or adjusted standard,
it will order
the Agency to issue or modify the permit pursuant to the variance.
(Source:
Amended at 18
Ill. Reg.
________,
effective
______________________)
Section 702.109
Enforcement Actions
Any person may file aa enforcement aotioncivil complaint with the Board
alleging violation of the RCRA or
UIC regulations, ~permit
requirement~or
permit conditions~pursuant to Title VIII of the Environmental Protection Act
and 35
Ill.
Adm. Code
103.
~).
A formal complaint filed with the Board will initiate a civil
enforcement action
in which the complainant bears the burden
of
proving that the respondent committed the alleged violations.
~
The Board will forward any informal complaint to the Aaencv,
and
the A~encvshall investigate the alleged violations set forth
in
the complaint.
(Source:
Amended
at
18
Ill. Reg.
________,
effective
______________________
Section 702.110
Definitions
The following definitions apply to
35 Ill. Adm. Code 702,
703, 7O4~and 705.
Terms not defined in this Section have the meaning given by the appropriate
Act.
When a defined term appears in a definition,
the defined term is
sometimes placed within quotation marks as to an aid to readers.
When a
definition applies primarily to one or more programs,
those programs appear in
parentheses after the defined terms.
“Act” or “Environmental Protection Act” means the Environmental
Protection Act
~415 ILCS
51.
“Administrator” means the Administrator of the United States
Environmental Protection Agency, or an authorized representative.
“Agency” means the Illinois Environmental Protection Agency.
“Application”
means
the
Agency
forms
for
applying for a permit.
For RCRA,
application also includes the information required by
the Agency under 35
Ill. Adm. Code 703.182 at scq.throuah 703.212
(contents
of
Part B of
the RCRA application).
“Appropriate act and regulations” means the Resource Conservation
and Recovery
Act
(RCRA);
Safe Drinking Water Act
(SDWA);
or the
“Environmental Protection Act,” whichever is applicable;
and
applicable regulations promulgated under those statutes.
“Approved program or approved
State”
means
a
State
or
interstate
program
whiohthat has been approved or authorized by EPA under 40
CFR
271
(1992)
(RCRA)
or Section 1422 of the SDWA (UIC).
“Aquifer”
(RCRA
and
UIC) means
a geological
“formation”, group of
formations, or part of a formation that is capable of yielding a
significant amount of water to
a well or spring.
“Area of review”
(UIC) means the area surrounding an injection
25
well described according to the criteria set forth
in
35
Ill.
Adm.
Code 730.106, or in the case of an area permit, the project area
plus a circumscribing area the width of whiohthat is either
402
meters (1/4 of a mile)
or a number calculated according to the
criteria set
forth in 35
Ill. Adm.
Code 730.106.
“Board” means the Illinois Pollution Control Board.
“Closure”
(RCRA) means the act of
securing a “Hazardous Waste
Management Facility” pursuant to the requirements of 35 Ill. Adm.
Code 724.
“Component”
(RCRA) means any constituent part of
a unit or any
group of constituent parts of a unit whichthat are assembled to
perform a specific
function
(e.g.,
a pump seal,
pump, kiln liner,
Q~kilnthermocouple).
“Contaminant”
(UIC) means any physical,
chemical, biological~or
radiological substance or matter
in water.
“Corrective action management unit” or
“CAMU”
means an area within
a facility that
is designated by the Agency under 35 Ill.
Mm.
Code 724.Subpart S
for
the purpose of implementing corrective
action requirements under 35 Ill. Mm. Code 724.201 and
RCRA
section 3008(h).
A CAMU shall only be used
for
the management of
remediation wastes pursuant to implementing such corrective action
requirements at the facility.
BOARD
NOTE:
U.S. EPA must also designate a
CA14U
until
it grants
this authority to the Agency.
See the note following 35 Ill. Adm.
Code 724.652.
“CWA”
means the Clean
Water
Act
(formerly
referred
to
as
the
Federal Water Pollution Control Act or
Federal
Water
Pollution
Control
Act
Amendments
of
1972)
P.L.
92-500,
as
amended
by
P.L.
95—217, and P.L. 95—576;
33
U.S.C.
1251 et
seq.
(1992).
“Date of approval by
U.S. EPA of the Illinois UIC program” means
February lMarch
3,
1984.
“Director” means the Director of the Illinois Environmental
Protection Agency or the Director’s designee.
“Disposal”
(RCRA)
means the discharge,
deposit,
injection,
dumping,
spilling,
leaking~or placing of any “hazardous waste”
into or on any land or water so that such hazardous waste or any
constituent of the waste may enter the environment or be emitted
into
the air or discharged
into
any waters,
including groundwater.
“Disposal
Facility”
(RCRA) means a facility or part of
a facility
at which “hazardous waste”
is
intentionally placed into or on the
land or water,
and at which hazardous waste will remain after
closure.
The term disposal facility does not
include a corrective
action management unit into which remediation
wastes are placed.
“Draft
Permit”
means
a
document
prepared
under
35
Ill.
Adm. Code
705.141
indicating the Agency’s
tentative
decision to issue, deny,
modify, terminate~or reissue a
“permit”.
A notice of intent to
deny a permit,
as discussed
in 35
Ill.
Adm. Code lOS.l4l~ is a
type of “draft permit”.
A denial
of a request for modification,
as discussed in
35
Ill.
Adm. Code 705.128,
is not a “draft
permit”.
A
“proposed permit”
is not a “draft permit”.
26
“Drilling Mud”
(UIC) means
a heavy suspension used in drilling an
“injection well”,
introduced down the drill pipe and through the
drill bit.
“Elementary neutralization
unit”
means
a
device
which:
Is used for neutralizing wastes whiohthat are hazardous
wastes only because they exhibit the corrosivity
characteristics defined in 35
Ill. Mm.
Code 721.122, or are
listed in Subpart
D of
35 Ill. Adm. Code 721.Subpart D only
for this reason;
and
Meets
the
definition
of
tank,
tank
system,
container,
transport vehicle or vessel
in 35
Ill. Adm. Code 720.110.
“Emergency Permit” means
a
RCRA
or
UIC “permit” issued in
accordance with 35
Ill. Adm. Code 703.221 or 704.163,
respectively.
“Environmental
Act (Ill.
Rev.
Protection
Ctat.
1991.
Apt”
ch.
moans
111½,
the
par.
Environmental
1001 at seq.
Protection
415
ILCC
5)).
“Environmental Protection Agency”
(“EPA” or
“U.S.
EPA”) means the
United States Environmental Protection Agency.
“Exempted aquifer”
(UIC)
means an “aquifer” or its portion that
meets the criteria
in the definition of “underground source of
drinking water” but which has been exempted according to the
procedures in 35
Ill. Adm.
Code 702.105, 704.104k and 704.123(b).
“Existing hazardous
waste
management
(HWM)
facility” or “existing
facility” means
a facility whichthat was in operation or for which
construction
commenced on or before November 19,
1980.
A facility
has commenced construction if:
The owner or operator has obtained the Federal, State~and
local approvals or permits necessary to begin physical
construction;
and
Either:
A continuous on—site, physical construction program
has begun; or
The owner or operator has entered into contractual
obligations—-whiohthat cannot be cancelled or modified
without substantial loss——for physical construction of
the facility to be completed within a reasonable time.
“Existing injection well”
(UIC) means an “injection well” other
than a “new injection well”.
“Facility or activity” means any “HWM facility”, UIC “injection
well”, or any other facility or activity
(including land or
appurtenances thereto) that
is subject to regulations under the
Illinois
RCRA
or tJIC program.
“Facility mailing
list”
(RCRA)
means the mailing list for
a
facility maintained by the Agency in accordance with 35
Ill.
Adm.
Code 705.163.
27
“Federal, State~and local approvals or permits necessary to begin
physical construction” means permits and approvals required under
Federal,
State~
or
local
hazardous
waste
control
statutes,
regulations~or ordinances.
(See 35
Ill. Adm. Code
700.102—e~
ee~)
“Final
authorization”
(RCRA)
means
approval
by
EPA
of
the
Illinois
Hazardous Waste Management Program whiohthat has met the
requirements of Section 3006(b) of
RCRA
and the applicable
requirements of 40 CFR 271,
Subpart A
(1992).
EPA granted initial
final
authorization
on
January
31,
1986.
“Fluid”
(UIC) means any material or substance whichthat flows or
moves
whether
in
a semisolid,
liquid,
sludge, gas~or any other
form or state.
“Formation”
(UIC) means a body of rock characterized by a degree
of lithologic homogeneity whichthat
is prevailingly, but not
necessarily, tabular and is mappable on the earth’s surface or
traceable in the subsurface.
“Formation fluid”
(UIC) means “fluid” present in a “formation”
under natural conditions~as opposed to introduced fluids,
such
as
“drilling mud”.
“Functionally equivalent
component”
(RCRA) means
a component
whiohthat performs the same function or measurement and which
meets or exceeds the performance specifications of another
component.
“Generator”
(RCRA)
means any person,
by site location, whose act
or process produces “hazardous waste” identified or listed in 35
Ill.
Adm. Code 721.
“Groundwater”
(RCRA
and UIC) means a water below the land surface
in
a zone of saturation.
“Hazardous Waste”
(RCRA and UIC) means
a hazardous waste as
defined in 35
Ill. Adm. Code 721.103.
“Hazardous waste management facility”
(“HWM facility”) means all
contiguous
land,- and
structures,
other appurtenances~and
improvements on the land,
used for treating, storing~or disposing
of “hazardous waste”.
A facility may consist of several
“treatment”,
“storage”~.or “disposal” operational units
(for
example, one or more landfills,
surface impoundmenta~or
combinations
of
them).
“HWM
facility”
(RCRA)
means
“Hazardous
Waste
Management
facility”.
“Injection well”
(RCRA
and UIC) means a “well” into which “fluids”
are being injected.
“Injection zone”
(UIC) means
a geological “formation”,
group of
formations~or part of
a formation receiving fluids through a
“well”.
“In operation”
(RCRA)
means
a facility whiahthat
is treating,
atoring~or disposing of “hazardous waste”.
“Interim authorization”
(RCRA)
means approval by EPA of the
Illinois Hazardous Waste Management program whichthat has met the
28
requirements of Section 3006(c) of
RCRA
and applicable
requirements of
40 CFR 271
(1992).
This happened on May 17,
1982.
“Interstate agency” meanB an agency of two or more states
established by or under an agreement or compact approved by the
Congress,
or any other agency of two or more states having
substantial powers or duties pertaining to the control of
pollution as determined and approved by the Administrator under
the “appropriate Act and regulations”.
“Major facility” means any
RCRA
or UIC “facility or activity”
classified as such by the Regional Administrator or the Agency.
“Manifest”
(RCRA
and UIC) means the shipping document originated
and signed by the “generator” whiohthat contains the information
required by 35
Ill.
Adni.
Code 722.Subpart B.
“National Pollutant Discharge Elimination System” means the
program for issuing, modifying,
revoking and reissuing,
terminating, monitoring~and enforcing permits and imposing and
enforcing pretreatment requirements under Section 12(f)
of the
Environmental Protection Act and 35
Ill.
Adm. Code 309.Subpart A
and
310.
The term includes an “approved program”.
“New HWM facility”
(RCRA)
means a “Hazardous Waste Management
facility” whichthat began
operation
or
for
which construction
commenced after November
19,
1980.
“New
injection
well”
(UIC) means a “well” whichthat began
injection
after
the UIC program for the State of
Illinois
applicable to the well
is approved.
“Off-site”
(RCRA) means any site whichthat is not “on-site”.
“On—site”
(RCRA) means on the same or geographically contiguous
property whiohthat may be divided by public or private
right(s)-of—way, provided the entrance and exit between the
properties
is at a cross—roads intersection,
and access
is by
crossing as opposed to going along, the right(s)—of-way.
Non—contiguous properties owned by the same person but connected
by a right—of-way whiohthat the person controls and to which the
public does not have access,
is also considered on—site property.
“Owner or operator” means the owner or operator of any “facility
or activity”
subject to regulation under the
RCRA
or UIC programs.
“Permit” means
an authorization, license~or equivalent
control
document issued to implement the requirements of this Part and 35
Ill. Adm.
Code 703,
704, and 705.
“Permit” includes RCRA “permit by rule”
(35
Ill.
Adni.
Code
703.141),
UIC area permit
(35 Ill. Adm. Code 7O4.162)~and RCRA or
UIC “Emergency Permit”
(35 Ill. Adm.
Code 703.221 and
704.163).
“Permit” does not include
RCRA
interim status
(35
Ill. Adm. Code
703.153 ot soq.through 703.157), UIC authorization by rule (35
Ill.
Adni.
Code 704.Subpart C), or any permit whichthat has not yet
been the subject of final Agency action,
such as
a “Draft Permit”
or a “Proposed Permit.”
“Person” means any individual,
partnership,
co—partnership,
firm,
company,
corporation, association,
joint stock company,
trust,
estate, political subdivision, state agency, or any other legal
29
entity,
or their legal representative, agency2, or assigns.
“Phase I”
(RCRA)
means, as used in the corresponding federal
regulations, the
period
of
time
commencing
May
19,
1980.
For
Illinois purposes,
Phase
I began on May 17,
1982.
“Phase
II”
(RCRA)
means, as used
in the corresponding federal
regulations, the period of time commencing May 19,
1980.
For
Illinois purposes,
Phase
II commenced when U.S. EPA granted final
authorization to the Agency to issue RCRA permits
for any class of
facility or unit.
This occurred on January 31,
1986.
“Physical construction”
(RCRA)
means
excavation,
movement
of
earth,
erection of forms or structures or similar activity to
prepare an “HWM facility” to accept “hazardous waste”.
“Plugging”
(UIC) means the act or process of stopping the flow of
water,
oil2, or gas into or out of a formation through a borehole
or well penetrating that formation.
“POTW”
means
“publicly owned treatment works”.
“Project”
(UIC) means
a group of wells in a single operation.
“Publicly owned treatment works”
(“POTW”)
is as defined in 35
Ill.
Adm. Code 310.
“Radioactive waste”
(UIC) means any waste whiohthat contains
radioactive material
in concentrations whichthat exceed those
listed in
10 CFR 20,
Appendix B, Table II, Column 2, incorporated
by reference in 35
Ill.
Admn.
Code 720.111.
“RCRA” means the Solid Waste Disposal Act as amended by the
Resource Conservation and Recovery Act of 1976
(P.L.
94—580,
as
amended by P.L.
95—609, P.L.
96—510,
42 U.S.C.
6901 et seq.
(1992)).
For the purposes of regulation under 35
Ill. Adm. Code
700 through 705. 720 through 728, and 739,
“RCRA” refers only to
RCRA Subtitle C.
This does not include the RCRA Subtitle B
(municipal solid waste landfill)
regulations, found
in
35
Ill.
Adm. Code 810 through 815, and the RCRA Subtitle
I (underground
storage tank)
regulations found in
35
Ill.
Adm. Code 731 and 732.
“RCRA permit” means
a permit required under Section 21(f)
of the
Environmental Protection Act.
“Regional Administrator” means the Regional Administrator for the
EPA Region in which the facility is
located or the Regional
Administrator’ a designee.
“Schedule of compliance” means a schedule of
remedial measures
included in a “permit”,
including an enforceable sequence of
interim requirements (for example,
actions,
operations2, or
milestone events)
leading to compliance with the “appropriate Act
and regulations”.
“SDWA” means the Safe Drinking Water Act (P~.—L.93—523,
as
amended
42
U.S.C. 300f et
seq.
(1992)).
“Site” means the land or water area where any “facility or
activity”
is physically located or conducted,
including adjacent
land used in connection with the facility or activity.
30
“SIC Code” means codes pursuant to the Standard Industrial
Classification Manual incorporated by reference in 35 Ill. Adm.
Code 720.111.
“State”
means
the State of Illinois.
“State Director”
means
the Director of the Illinois Environmental
Protection Agency.
“State/EPA Agreement” means an agreement between the Regional
Administrator and the State whiohthat coordinates EPA and State
activities,
responsibilities2, and programs including those under
the RCRA and SDWA.
“Storage”
(RCRA) means the holding of
“hazardous waste” for a
temporary period,
at the end of which the hazardous waste is
treated,
disposed2, or stored elsewhere.
“Stratum (plural strata)”
(UIC) means a single sedimentary bed or
layer,
regardless of thickness,
that consists of generally the
same
kind of rock material.
“Total dissolved solids”
(UIC) means the total dissolved
(filterable)
solids as determined by use of the method specified
in 40 CFR 136, incorporated by reference in 35 Ill.
Adm. Code
720. 111.
“Transfer facility” means any transportation related facility
including loading docks, parking areas,
storage areas2, and other
similar areas where shipments of hazardous
wastes
are
held during
the normal course of transportation.
“Transferee”
(UIC) means the owner or operator receiving ownership
or o~rationalcontrol of the well.
“Transferor” (UIC~means the owner or o~ratortransferring
ownershio or operational control of the well.
“Transporter”
(RCRA) means a person engaged in the off—site
transportation of “hazardous waste” by air,
rail,
highway2, or
water.
“Treatment”
(RCRA) means any method,
technique, process,
including
neutralization,
designed to change the physical,
chemical2, or
biological character or composition of any “hazardous waste”
so as
to neutralize such wastes,
or so as to recover energy or material
resources from the waste,
or so
as to render such wastes
non—hazardous, or less hazardous;
safer to transport,
store2, or
dispose of; or amenable for recovery,
amenable for storage2, or
reduced in volume.
“UIC” means the Underground Injection Control program.
“Underground Injection”
(UIC) means
a “well injection”.
“Underground source of drinking water”
(“USDW”)
(RCRA and UIC)
means an
“aquifer” or its portion:
Which:
Supplies any public water system;
or
31
Contains
a
sufficient
quantity of groundwater to
supply a public water system;
and
Currently supplies drinking water for human
consumption; or
Contains less than 10,000 mg/i total dissolved solids;
and
WhichThat is not an “exempted aquifer”.
“USDW”
(RCRA
and UIC) means
an
“underground source of drinking
water”.
“Wastewater treatment unit” means
a device which:
Is part of
a wastewater treatment facility whichthat
is
subject to regulation under 35
Ill.
Mm.
Code 309.Subpart A
or 310; and
Receives and treats or stores an influent wastewater
whichthat
is a hazardous waste as defined in 35
Ill. Adm.
Code 721.103, or generates and accumulates a wastewater
treatment sludge whiohthat is a hazardous waste as defined
in 35
Ill. Adm. Code 721.103,
or treats or stores
a
wastewater treatment sludge whichthat
is
a hazardous waste
as
defined in 35
Ill.
Adni.
Code 721.103,
and
Meets the definition of tank or tank system in
35 Ill. Adm.
Code 720.110.
“Well
(UIC)
means a bored,
drilled2, or driven shaft, or
a dug
hole, whose depth is greater than the largest surface dimension.
“Well injection”
(UIC) means the subsurface emplacement of
“fluids” through a bored,
drilled2, or driven “well”; or through a
dug well, where the depth of the dug well
is greater than the
largest surface dimension.
BOARD
NOTE:
Derived from 40 CFR 144.3,
as amended at 58 Fed.
Req.
63895
(Dec.
3,
1993),
and 270.2
(1992),
as amended at 58 Fed.
Reg.
8685
(Feb.
16,
1993).
(Source:
Amended at
18
Ill.
Reg,
________,
effective
____________________
SUBPART B:
PERMIT APPLICATIONS
Section 702.120
Permit Application
Any person who is required to have a permit
(including new applicants and
permittees with expiring permits)
shall complete,
sign2, and submit an
application to the Agency as described in this Section and in 35 Ill. Adm.
Code 703.180
(RCRA)
and 35
Ill. Adm. Code 704.161
(UIC).
Persons currently
authorized with interim status under RCRA (35 Ill. Adm. Code 703.Subpart C)
or
UIC authorization by rule (35 Ill. Adm. Code 704.Subpart C)
shall apply for
permits when required by the Agency.
Persons covered by RCRA permits by rule
(35 Ill.
Adni.
Code 703.141) need not apply.
Procedures for applications,
issuance and administration of emergency permits are found exclusively in 35
Ill.
Adm.
Code 703.221
(RCRA)
and 35
Ill. Adm. Code 704.163
(UIC).
Procedures
for application,
issuance2, and administration of research,
development2, and
demonstration permits are found exclusively in 35 Ill.
Adin. Code 703.231
32
(RCRA).
(Board N0teBOARD NOTE:
SeeDerived from 40 CFR 144.31(a)
(1993) and 270.10(a)
(l9921.+
(Source:
Amended at 18
Ill. Reg.
_______,
effective
____________________
Section 702.121
Who Applies
When a facility or activity is owned by one person but
is operated by another
person,
it is the operator’s duty to obtain a permit,
except that the owner
must also sign the permit application.
(Board N0teBOARD NOTE:
SeeDerived from 40 CFR 122.4144.31(b)
(1993)
and
270.10(b)
(1992).+
(Source:
Amended at
18
Ill. Reg.
________,
effective
______________________
Section 702.122
Completeness
The Agency shall not issue
a permit under
a program (RCRA or UIC) before
receiving
a
complete application for a permit under that program except for
emergency permits.
An application for a permit under a program
is complete
when the Agency receives an application form and any supplemental information
whichthat
a~’ej~
completed to its satisfaction.
(35 Ill. Adm. Code 705.122).
An application for a permit is complete notwithstanding the failure of the
owner
or
operator
to
submit the exposure information described in 35
Ill.
Admn.
Code 703.186
(RCRA).
BOARD
NOTE:
Derived
from
40 CFR 144.31(d)
(1993)
and 270.10(c)
(1992),
as
amended at 54 Red. Bog.
9607,
Harch
7,
1989.
(Source:
Amended at
18
Ill. Reg.
________,
effective
_____________________
Section 702.123
Information Requirements
All applicants for
RCRA
or UIC permits shall provide the following information
to the Agency, using the application form provided by the Agency
(additional
information required of applicants
is set forth in 35
Ill. Adm. Code 703.4~G
at oeq.Subpart D
(RCRA)
and 35
Ill.
Adm. Code 704.161
(UIC)).
a)
The activities conducted by the applicant whichthat require it to
obtain permits under RCRA or UIC.
b)
Name,
mailing address2, and location of the facility for which the
application is submitted.
c)
Up to four SIC codes whiohthat best reflect the principal products
or services provided by the facility.
d)
The operator’s name,
address, telephone number, ownership status2,
and status as Federal,
State,
private, public2, or other entity.
e)
The
name,
address2, and phone number of the owner of the facility.
f)
A listing of all permits or construction approvals received or
applied for under any of the following programs:
1)
Hazardous Waste Management program under RCRA,
this Part2,
and 35 Ill.
Admn.
Code 703.
2)
UIC program under SDWA,
this Part2, and 35
Ill. Adm. Code
33
704.
3)
NPDES program under CWA and 35
Ill. Mm.
Code 309.
4)
Prevention
of Significant Deterioration
(PSD) program under
the Clean Air Act.
5)
Nonattainment program under the Clean Air Act.
6)
National Emission Standards for Hazardous Pollutants
(NESMAPS)
preconstruction
approval under the Clean Air
Act.
7)
Ocean dumping permits under the Marine Protection Research
and Sanctuaries Act.
8)
Dredge or fill permits under Section 404 of CWA.
9)
Other relevant environmental permits, including Illinois
permits.
g)
A topographic map
(or other map
if a topographic map is
unavailable) extending 1609 meters
(one mile) beyond the property
boundaries of the source, depicting the facility and each of its
intake and discharge structures; each of its hazardous waste
treatment,
storage2, or disposal facilities;
each well where fluids
from the facility are injected underground;
and those wells,
springs, other surface water bodies2, and drinking water wells
listed in public records or otherwise known to the applicant
within 402 meters
(one fourth mile)
of the facility property
boundary.
h)
A brief description of the nature of the business.
(Board NoteBOARD
NOTE:
SeeDerived
from
40 CFR 144.31(e),-(1993)
~
270.10(d)
and 270.13_(1992).+
(Source:
Amended at
18 Ill.
Beg.
________,
effective
_____________________
Section 702.124
Recordkeeping
Applicants shall keep records of all data used to complete permit applications
and any supplemental information submitted under 35
Ill. Adm. Code 702.123,
703.180 et oog.Subpart B
(RCRA);
and 35
Ill.
Admn.
Code 704.161
(UIC)
for a
period of at least
3 years from the date the application
is signed.
(Board
!IoteBOARD NOTE:
BeeDerived
from
40 CFR 122.4(c)-144.3l(f) and 270.10(i)
(1993)
,).
(Source:
Amended at
18 Ill. Beg.
________,
effective
______________________
Section 702.125
Continuation of Expiring
Permits
a)
The conditions of an expired permit continue in force until the
effective date of a new permit
(see 35 Ill.
Adin. Code 705.201)
if:
1)
The permittee has submitted a timely application under 35
Ill. Adm.
Code 703.181
(RCRA)
or 704.161
(UIC),- whichthat is
a complete
(under Sec-rtion 702.122) application for a new
permit; and
2)
The Agency, through no fault of the permnittee,
does not
issue a new permit with an effective date under 35 Ill. Adm.
34
Code 705.201 on or before the expiration date of the
previous permit (for example, when
issuance
is impracticable
due to time or resource constraints).
b)
Effect.
Permits continued under this section remain fully
effective and enforceable.
c)
Enforcement.
When the permittee is not
in compliance with the
conditions of the expiring or expired permit the Agency may choose
to do any or all of the following:
1)
Initiate enforcement action based upon the permit whiohthat
has been continued;
2)
Issue a notice of intent to deny the new permit under 35
Ill. Adm. Code 705.141.
If the permit is denied,
the owner
or operator would then be required to cease the activities
authorized by the continued permit or be subject to
enforcement action for operating without
a permit;
3)
Issue a new permit under 35 Ill. Adm. Code 705 with
appropriate conditions;
or
4)
Take other actions authorized by the Environmental
Protection Act,
or regulations adopted thereunder.
(Board NOtoBOARD NOTE:
SeeDerived from 40 CFR 122.5144.37
(1993)
and 270.51
(19921.)
(Source:
Amended at
18
Ill.
Beg.
________,
effective
_____________________
Section 702.126
Signatories to Permit Applications and Reports
a)
Applications.
All applications shall be signed as
follows:
1)
For a corporation:
by
a responsible corporate officer.
For
the purpose of this section,
a responsible corporate officer
means;
A)
A president,
secretary, treasurer,
or vice president
of the corporation in charge of
a principal business
function,
or any other person who performs similar
policy or decision making functions for the
corporation, or
B)
the manager of one or more manufacturing,
production2,
or
operating facilities employing
more
than 250
persons or having gross annual sales or expenditures
exceeding $25 million
(in second—quarter 1980
dollars),
if authority to sign documents has been
assigned or delegated to the manager
in accordance
with corporate procedures.
(Board NotCBOARD NOTE:
The Board does not require
specific assignments or delegations of authority to
responsible corporate officers
identified in
paragraphaubsection
(a)(1)(A) above.
The Agency will
presume that these responsible corporate
officers
have
the requisite authority to sign permit applications
unless the corporation has notified the Agency to the
contrary.
Corporate procedures governing authority to
Bign permit applications may provide for assignment or
35
delegation to applicable corporate positions under
paragraphsubaection (a)(l)(B)
above rather than to
specific individuals.
2)
For
a partnership or sole proprietorship:
by a general
partner or the proprietor, respectively; or
3)
For
a municipality,
State,
federal2,
or other public agency:
by either a principal executive officer or ranking elected
official.
For purposes of this Section,
a principal
executive officer of a federal agency
includes:
A)
The chief executive officer of the agency, or
B)
A senior executive officer having responsibility for
the overall operations of a principal geographic unit
of the agency
(e.g., Regional Administrators of
USEPA).
b)
Reports.
All reports required by permits or other information
requested by the Agency shall be signed by a person described in
paragraphsubaection
(a)
above, or by a duly authorized
representative of that person.
A person is a duly authorized
representative only if:
1)
The authorization is made in writing by a person described
in paragraphaubsection
(a) above
2)
The authorization specifies either an individual or a
position having responsibility for the overall operation of
the regulated facility or activity,
such as the position of
plant manager, operator of
a well or a well field,
superintendent2, or position of equivalent responsibility.
(A duly authorized representative may thus be either a named
individual or any individual occupying a
named
position);
and
3)
The written authorization
is submitted to the Agency.
c)
Changes to authorization.
If an authorization under
paragraphsubsection
(b)
above
is no longer accurate because a
different individual or position has responsibility for the
overall operation of the facility,
a new authorization satisfying
the requirements of paragraphsubsection
(b) must be submitted to
the Agency prior to or together with any reports,
information2, or
applications to be signed by an authorized representative.
d)
Certification.
Any person signing a document under
paragraphsubsections
(a) or
(b)
above shall make the following
certification:
I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision
in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the
information submitted.
Based on my inquiry of the person or
persons who manage the system, or those persons directly
responsible for gathering the information, the information
submitted is,
to the best of my knowledge and belief,
true,
accurate,
and complete.
I am aware that there are
significant penalties for submitting false information,
including the possibility of fine and imprisonment for
36
knowing violations.
(Board NotOBOARD NOTE:
SeeDerived from 40 CFR 144.32
(1993)
and 270.11_(1992).-).
(Source:
Amended at
18 Ill. Beg.
_______,
effective
_____________________
SUBPART
C:
PERMIT CONDITIONS
Section
702.140
Conditions
Applicable
to
all
Permits
The following conditions of Ccco.
702.141 et scq.this Subpart apply to all
RCRA and UIC permits.
For additional conditions applicable to all permits
for
each of the programs individually,
see 35
Ill.
Adm. Code 703.241 et
ccq.Subpart
F (RCRA) and 704.4&1~SubpartE
(UIC).
All conditions applicable to
all permits, and all additional conditions applicable to all permits for
individual programs,
shall
be
incorporated
into
the permits either expressly
or by reference.
If incorporated by reference,
a specific citation to these
regulations
must
be given
in the permit.
(Board NotOBOARD NOTE:
SeeDerived from 40 CFR 122.7144.51 preamble
(19931
and
270.30 preamble
(1992).)
(Source:
Amended at
18
Ill. Beg.
________,
effective
_____________________
Section 702.141
Duty to Comply
The permittee must comply with all conditions of this permit.
Any permit
noncompliance constitutes a violation of the Illinois Environmental Protection
Act and
is grounds:
for an enforcement
action;
for permit revocation or
modification; or for denial of
a permit renewal application.
(Board N3teBOARD NOTE:
SeeSectiona 703.242
(RCRAI and 704.181(a)
(UIC)
contain additional information on operation under an emergency
permit.
Derived from 40 CFR 132.7144.51(a)
(1993)
and 270.30(a)
(1992).)
(Source:
Amended at
18
Ill.
Beg.
________,
effective
_____________________
Section
702.142
Duty
to
Reapply
If the permittee wishes
to continue an activity regulated by this permit after
the expiration date of this permit, the permittee must apply for and obtain
a
new permit.
(Board N0tCBOARD NOTE:
SeeDerived
from
40 CFR 122.7144.51(b)
(1993) and
270.30(b)
(1992).±
(Source:
Amended at
18
Ill.
Beg.
________,
effective
_____________________
Section 702.143
Need to Halt or Reduce Activity Not a Defense
It
shall
not
be
a
defense
for
a
permnittee
in
an
enforcement
action
that
it
would have been necessary to halt or reduce the permitted activity in order to
maintain compliance with the conditions of this permit.
(Board NoteBOARD NOTE:
SeeDerived from 40 CFR 122.7144.51(c)
(1993)
and
270.30(c)
(1992).-).
(Source:
Amended at
18 Ill. Reg.
________,
effective
_____________________
Section 702.144
Duty to Mitigate
37
a)
For
RCRA
permits
in the
event
of
noncompliance
with
the
permit,
the
permittee
shall
take
all
reasonable
steps
to
minimize
releases
to
the
environment,
and
shall carry out such measures
as are
reasonable
to
prevent
significant
adverse
impacts
on
human
health
or
the
environment.
b)
For
UIC
permits,
the
permittee
shall take all reasonable steps to
minimize
or
correct
any
adverse
impact
on
the
environment
resulting
from
non—compliance
with
the
permit.
(Board
N0toBOARD
NOTE:
SeeDerived
from
40
CFR
144.51(d)
(1993)
and
270.30(d)_(1992).-).
(Source:
Amended
at
18
Ill.
Reg.
________,
effective
______________________
Section
702.145
Proper
Operation
and
Maintenance
The
permittee
shall
at
all
times
properly
operate
and
maintain
all
facilities
and
systems
of
treatment
and
control
(and
related
appurtenances)
whichthat
are
installed
or
used
by
the
permittee
to
achieve
compliance
with
the
conditions
of
this
permit.
Proper
operation
and
maintenance
includes
effective
performance,
adequate
funding,
adequate
operator
staffing
and
training2,
and
adequate
laboratory
and
process
controls,
including
appropriate
quality
assurance
procedures.
This provision requires the operation of backup or
auxiliary facilities or similar systems only when necessary to achieve
compliance with the conditions of the permit.
(Board N0teBOARD NOTE:
SeeDerived from 40 CFR 122.7144.51(e)
(1993) and
270.30(e)
(1992).-).
(Source:
Amended at
18 Ill. Beg.
________,
effective
_____________________
Section 702.146
Permit Actions
This permit may be modified or revoked for cause.
The filing of a request by
the permittee for a permit modification or revocation, or a notification of
planned changes or anticipated noncompliance, does not stay any permit
condition.
(Board NotoBOARD NOTE:
SeeDerived
from
40 CFR 122.7144.51(f)
(1993)
and
270.30(f)
(19921.-).
(Source:
Amended at 18
Ill. Beg.
,
effective
______________________
Section 702.147
Property Rights
This permit does not convey any property rights of any sort, or any exclusive
privilege.
(Board NoteBOARD NOTE:
SeeDerived
from
40 CFR 122.7144.51(g)
(1993)
and
270.30(g)
(1992).-).
(Source:
Amended at
18 Ill. Beg.
________,
effective
_____________________-
Section 702.148
Duty to Provide Information
The permittee shall furnish to the Agency, within
a reasonable time, any
relevant information whichthat the Agency
may
request
to
determine whether
cause exists for modifying,
revoking and reissuing2, or terminating this
permit-,- or to determine compliance with this permit.
The permittee shall also
furnish to the Agency,
upon request,
copies of records required to be kept by
this permit.
38
(Board
NoteBOARD NOTE:
SeeDerived from 40 CFR 122.7144.51(h)
(1993) and
270.30(h)
(1992).-).
(Source:
Amended at
18
Ill.
Reg.
________,
effective
_____________________
Section 702.149
Inspection and Entry
The permittee shall allow an authorized representative of the Agency,
upon the
presentation
of
credentials and other documents as may be required by law,
to:
a)
Enter at reasonable times upon the permittee’s premises where
a
regulated facility or activity is located or conducted, or where
records must be kept under the conditions of this permit;
b)
Have access to and copy,
at reasonable times,
any records that
must
be kept under the conditions of this permit;
c)
Inspect at reasonable times any facilities, equipment
(including
monitoring and control equipment),
practices2, or operations
regulated or required under this permit; and
d)
Sample or monitor at reasonable times,
for the purposes of
assuring
permit compliance or as otherwise authorized by the
appropriate Act,
any substances or parameters at any location.
(Board N0teBOARD NOTE:
SeeDerived
from
40 CFR 122.7144.51(i)
(1993) and
270.30(i)
(19921.-)-
(Source:
Amended at 18 Ill. Beg.
________,
effective
______________________
Section 702.150
Monitoring and Records
a)
Samples and measurements taken for the purpose of monitoring shall
be representative of the monitored activity.
b)
The permittee shall retain records of all monitoring information,
including all calibration and maintenance records and all original
strip chart recordings for continuous monitoring instrumentation,
copies of all reports required by this permit, and records of all
data used to complete the application for this permit,
for a
period of at least
3 years from the date of the sample,
measurement,
report2, or application.
This period may be extended
by request of the Agency
at any
time.
c)
Records of monitoring
information
shall include:
1)
The date, exact place2, and time of sampling
or
measurements;
2)
The individual(s)
who performed the sampling or
measurements;
3)
The date(s) analyses were performed;
4)
The individual(s) who performed the analyses;
5)
The analytical techniques or methods used; and
6)
The results of such analyses.
(Board N0teBOARD NOTE:
BeeDerived from 40 CFB 144.51(j)
(1993) and 270.30(j)_(1992).-)-
39
(Source:
Amended at 18
Ill.
Reg.
_______,
effective
_____________________
Section 702.151
Signateeyu~Requirements
All application, reports2, or information submitted to the Agency shall be
signed and certified -fin accordance with the recnmirements of Section 702.126-)-.
(Board NotoBOARD NOTE:
SeeDerived from 40 CFR 122.7144.51(k)
(1993) and
270.30(k)
(1992).-)-
(Source:
Amended at
18 Ill.
Reg.
________,
effective
______________________)
Section 702.160
Establishing Permit Conditions
a)
In addition to conditions required in permits for both programs
(Sections 702.140 through 702.152),
the Agency shall establish
conditions,
as
required
on
a
case—by—case
basis,
in
RCRA
and UIC
permits
under Section 702.150
(monitoring and records),
Section
702.161
(duration of permits),
Section 702.162
(schedules of
compliance), Section 702.163
(alternate schedules of compliance)2,
and Section 702.164 (Recording and Reporting).
For UIC only,
permits
for owners and operators of hazardous waste injection
wells must include conditions meeting the requirements of 35 Ill.
Adm.
Code 704.201 through 704.203
(requirements for wells
injecting hazardous waste),
704.1892, and 704.191, and 35
Ill.
Adxn.
Code 730.Subpart C.
Permits for other wells must contain the
requirements set forth
in 35
Ill.
Adm. Code 704.Subpart E when
applicable.
BO1~flD NOTE.
Derived
from
40
CFR
144.52(a)
(1988),
ac amcndcd at
53 Fed. Rag.
381~17, July 26,
1988 and 270.32(a)
(1988).-
b)
Additional conditions.
1)
In addition to conditions required in all permits for a
particular
program
(35 Ill. Mm.
Code 703.241 ot oeq.Sub~art
F for
RCRA
and 35
Ill. Adm. Code 704.181 ct ocq.Subpart C
for UIC), the Agency shall establish conditions in permits
for the individual programs,
as required on a case—by—case
basis,
to provide for and assure compliance with all
applicable requirements of the appropriate Act and
regulations.
~J~uw
riuiau
ucr~vuu
Lrom
ui ~rmt igg.3.iinl
aria
u.sii.D
(1988).
2)
An
applicable
requirement
is
a
statutory or regulatory
requirement whiohthat takes effect prior to final
administrative disposition of a permit.
35
Ill.
Adm. Code
705.184
(reopening of comment period) provides a means for
reopening permit proceedings at the discretion of the Agency
where new requirements become effective during the
permitting
process and are of sufficient magnitude to make
additional proceedings desirable.
An applicable requirement
is also any requirement whiohthat takes effect prior to the
modification of
a permit, to the extent allowed in 35
Ill.
Adm.
Code 705.201.
wjmuw
NOTE.
m~crm.vcu
irom
:u ~rmt
~
aria
(1988).
3)
New or reissued permits, and to the extent allowed under 35
40
Ill. Mm.
Code 705.201 modified permits,
shall incorporate
each of the applicable requirements referenced in 35
Ill.
Admn.
Code 703.241 et
seq.
(RCRA)
and 35
Ill.
Adm. Code
704.182 through 704.191
(UIC).
flOZ~flD NOTE,
Derived
from
40
Cr11 144.52
1b~
anu
~,u.s.i1d~
(1988).
a)
Incorporation.
All permit conditions shall be incorporated either
expressly or by reference.
If incorporated by
reference,
a
specific
citation
to
the applicable regulations or requirements
must be given in the permit.
BOARD
NOTE:
Derived from 40 CFB 144.52-fe).
(1993) and 270.32-fe)-
(19SB~).
(Source:
Amended
at
18
Ill.
Reg.
_______,
effective
____________________
Section 702.161
Duration of Permits
a)
Fixed term of permits determined by the Agency:
1)
RCRA.
RCRA permits shall be effective for
a fixed
term,
to
be determined by the Agency on a case—by—case basis,
not to
exceed ten years.
2)
UIC.
UIC permits for Class
I and Class V wells shall be
effective for a fixed term, to be determined by the Agency
on a case—by—case basis,
not to exceed ten years.
UIC
permits for Class III wells shall be issued for a period not
to exceed five years;
provided, however, that the Agency
shall,
without requiring a new application, renew such
permits for a period not to exceed
five
years per renewal
unless the Agency determines that the permit should be
modified, revoked2, or
a minor modification made as provided
in Sections 702.183 through 702.187,
in which case the
permittee
shall be
required to file a new application.
b)
Except as provided in Section 702.125, the term of a permit shall
not be extended by modification beyond the maximum duration
specified in this Section.
c)
The Agency may issue any permit for
a duration that is
less than
the full allowable term under this Section.
d)
The Agency shall review each
RCRA
permit
for a land disposal
facility five years after the date of permit issuance or
reissuance,
and shall modify the permit as
necessary, as provided
in Section 702.183 and 702.184.
~(BoardN0toBOARD NOTE:
SeeDerived from 40 CFR 144.36
(1993) and
270.50 (19921.
(Source:
Amended at 18
Ill.
Beg.
_______,
effective
____________________)
Section 702.162
Schedules of Compliance
The permit may, when appropriate,
specify a schedule of compliance leading to
compliance with the appropriate Act and regulations.
a)
Time
for
compliance.
Any schedules of compliance under this
section shall require compliance as soon as possible.
For UIC,
in
41
addition,
schedules
of
compliance shall require compliance not
later than 3 years after the effective date of the permit.
b)
Interim dates.
If
a permit establishes
a schedule of compliance
whichthat exceeds
1 year
from
the date of permit issuance,
the
schedule
shall
set
forth
interim
requirements
and
the
dates
for
their achievement.
1)
The time between interim dates shall not exceed
1 year.
2)
If the time necessary for completion of any interim
requirement (such as the construction of
a control facility)
is
more
than
1 year and is not readily divisible into stages
for
completion,
the
permit
shall
specify
interim
dates
for
the submission of reports of progress toward compliance of
the interim requirements and indicate a projected completion
date.
c)
Reporting.
A BCRA permit
shall be written to require that no
later than 14 days following such interim date and the final date
of compliance, the permittee shall notify the Agency in writing of
ita compliance or noncompliance with the interim or final
requirements.
A UIC permit shall be written to require that
if
paragraphsubsection
(a) above is applicable progress reports be
submitted
no
later
than
30
days
following
each
interim
date
and
the
final
date
of
compliance.
d)
The Agency may
not
permit
a
schedule
of
compliance
involving
violation of regulations adopted by the Board unless the permittee
has been granted a variance.
To avoid delay an applicant seeking
a
schedule of compliance should file a variance petition
pursuant
to 35 Ill. Adm. Code 104 at the
same
time
the permit application
is filed.
(Board
NoteBOARD
NOTE:
SeeDerived from 40 CFR 122.10144.53(a)
(19931 and 270.33(a)
(1992i.-).
(Source:
Amended
at
18
Ill.
Beg.
,
effective
_____________________)
Section 702.163
Alternative Schedules of Compliance
A
RCRA
or UIC permit applicant or permittee may cease conducting regulated
activities
(by receiving a terminal volume of hazardous waste
and-~-2, for
treatment
or
storage
HWM
facilities,
closing
pursuant
to
applicable
requirements; or,
for disposal HWM facilities,
closing and conducting poet—
closure
care
pursuant
to
applicable
requirements;
or,
for UIC wells,
by
plugging
and
abandonment)
rather
than
ccntinue
to
operate
and
meet
permit
requirements
as
follows:
a)
If the
permittee
decides to cease conducting regulated activities
at
a
given time within the term of a permit whiohthat has already
been issued:
1)
The permit may be modified to contain
a new or additional
schedule leading to
timely
cessation of activities;
or
2)
The permittee shall cease conducting permitted activities
before noncompliance with any interim or final compliance
schedule requirement already specified in the permit.
b)
If the decision to cease conducting regulated activities is made
before issuance of a permit whose term will include the
42
termination date,
the permit shall contain a schedule leading to
termination whiohthat will ensure timely compliance with
applicable requirements.
c)
If the permittee is undecided whether to cease conducting
regulated activities,
the Agency may issue or modify a permit to
contain two schedules as
follows:
1)
Both schedules shall contain an identical
interim deadline
requiring a final decision on whether to cease conducting
regulated activities no later than
a date whiohthat ensures
sufficient time to comply with applicable requirements
in a
timely manner
if the decision is to continue conducting
regulated activities;
2)
One schedule shall lead to timely compliance with applicable
requirements;
3)
The second schedule shall lead to cessation of regulated
activities by
a date whiohthat will ensure timely compliance
with applicable requirements.
4)
Each permit containing two schedules shall include
a
requirement that after the permittee has made
a final
decision under paragraphsubaection
(c)(1) above it shall
follow the schedule leading to compliance
if the decision is
to continue conducting regulated activities,
and follow the
schedule leading to termination if the decision is to cease
conducting regulated activities.
d)
The applicant’s or permittee’s decision to cease conducting
regulated activities shall be evidenced by a firm public
commitment
satisfactory to the Agency, such as a resolution of the
board of directors of
a corporation.
(Board N0toBOARD NOTE:
SeeDerived from 40 CFR 122.10(a)144.53(b)
(1993) and 270.33(b)
(1992).-)-
(Source:
Amended at 18 Ill. Beg.
________,
effective
______________________)
Section
702.164
Recording
and
Reporting
All permits shall specify:
a)
Requirements concerning the proper use,
maintenance2, and
installation, when appropriate,
of monitoring equipment or methods
(including biological monitoring methods when appropriate);
b)
Required monitoring including type,
intervals2, and frequency
sufficient to yield data whichthat are representative of the
monitored activity including, when appropriate,
continuous
monitoring;
c)
Applicable reporting requirements based upon the impact of the
regulated activity and as specified in 35
Ill. Adm.
Code 724
(RCRA)
and 35
Ill.
Adm.
Code 730 (UIC).
Reporting shall be no
less frequent than specified in the above regulations.
(Board NoteBOARD NOTE:
SeeDerived from 40 CFR 122.11144.54
(1993)
and 270.31
(1992).-)-
(Source:
Amended at 18 Ill. Beg.
________,
effective
_____________________
43
SUBPART
D:
ISSUED PERMITS
Section 702.181
Effect of
a Permit
a)
The existence of
a
RCRA
or UIC permit does
not
constitute
a
defense to a violation of the Environmental Protection Act or this
Subtitle, except for development, modification2, or operation
without
a permit.
However,
a permit may be modified,
reissued2, or
revoked during its term
for
cause
as
set
forth in 35
Ill. Adm.
Code 703.270 through 703.273
(RCRA)
ae4g~
35
Ill.
Adm. Code
704.261 through 704.263
(UIC) and Section 702.186.
b)
The issuance of a permit does not convey any property rights of
any sort, or any exclusive privilege.
c)
The issuance of a permit does not authorize any injury to persona
or property or invasion of other private rights,
or any
infringement of State or local law or regulations, except as noted
in subsection
(a).
BOARD
NOTE:
Derived from 40 CFR 144.35 (199~3)and 40 CFR 270.4
(1993~,2), as amended at
57 Fad.
flog.
3486,
January 29,
1992.
(Source:
Amended at
18
Ill. Beg.
________,
effective
______________________
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
Zpecific Ezclusions 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
703.15?
Application by New HWM Facilities
703.152
Amended Part A Application
703.153
Qualifying for Interim Status
703.154
Prohibitions During Interim Status
44
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
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
703.200
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
Spooifio
Part
B
Information
Roquiromonto
for
Boilers
and
Industrial
Furnaces
Burning
Hazardous
Waste
703.209
Miscellaneous
Units
703.210
Process Vents
703.211
Equipment
703.212
Drip Pads
SUBPART
E:
SHORT TERM AND PHASED PERMITS
Section
703.221
Emergency Permits
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
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
SUBPART G:
CHANGES
TO PERMITS
Sect ion
703.260
Transfer
703.270
Modification
703.271
Causes for Modification
703.272
Causes for Modification or Reissuance
45
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
703.Apperidix
A
Classification
of
Permit
Modifications
AUTHORITY:
Implementing
Section
22.4
and
authorized
by
Section
27
of
the
Environmental Protection Act
(Ill.
Rev. Ctat.
1991,
oh.
11l’j,
pare.
1022.4 and
1027
(415 ILCS 5/22.4 and
27)-)-
SOURCE: Adopted in R82—19,
53 PCB
131,
at
7
Ill.
Reg.
14289, effective October
12,
1983;
amended
in
R83—24
at
8
Ill.
Beg.
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,
198~6; amended
in
R85-23
at
10 Ill. Beg.
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. Beg.
6278,
effective April
16,
1990;
amended in R90—2 at
14
Ill.
Beg.
14492,
effective
August
22,
1990;
amended
in R90—11 at
15 Ill. Beg.
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 Beg.
9767,
effective
June
9,
1992;
amended in R92—
10
at
17
Ill.
Beg.
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. Beg.
6898, effective April 26,
1994;
amended in R94—7 at
18
Ill.
Reg.
12392,
effective July
29,
1994;
amended in B94—5 at
18
Ill. Rep.
,
effective
SUBPART A: GENERAL PROVISIONS
Section 703.110
References
a)
When
by r
used in thio Part the follo~~ingpublications are
cfcrcncci
(Sos 35
Ill.
Z~dm.Code 720.111.)
incorporated
b)
The references listed in subsection
(a) above arc also available
for inspection at the offices of the Pollution Control Board.
This
incorporation
includes
no
later
amondmonto
or editions.
35
Ill.
Adm. Code 720.111 includes all sources incorporated by
reference
for
the
Illinois
RCRA
and UIC ~rograma.
-(-BOARD NOTE:
Dcrivcd fromThis Section corresponds with 40 CFR 270.6
(1992),
as smcnded
at 58 Fed.
Req. 46051
(2~ug. 31,
1993)).
(Source:
Amended at
Ill.
Beg.
_________,
effective
SUBPART B: PROHIBITIONS
Section 703.125
Reapplications
46
Any HWM facility with an effective permit shall 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
not grant permission for applications to be submitted later than the
expiration date of the existing permit.)
-(-BoardOARD Ne~eO~: SeeDerived from 40 CFR 122.22(d)27O.10(h~ (1992).-)-
(Source:
Amended at 18
Ill. Beg.
________,
effective
______________________
Section
703.126
Initial
Applications
Except as provided in 703.Subpart C,
no person shall 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.
-f-BoardOARD Ne~eOTE: SeeDerived from 40 CFR 122.2(a)
and
(b)270.10(f)(1)
(1992)
.-)-
(Source:
Amended at
18
Ill.
Reg.
________,
effective
_____________________
SUBPART C: AUTHORIZATION BY RULE AND INTERIM STATUS
Section 703.140
Purpose and Scope
a)
The Sections of this Subpart are divided into 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 thoac portiono of 40 CFR
132.21,
122.22 and 122.23270,
SubPart G, which relate~to interim
status.
Other portions of the federal rules may be found in
703 Subpart
B.
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
18
Ill.
Beg.
________,
effective
______________________
Section
703.154
Prohibitions
During
Interim
Status
During the interim status period the facility shall not:
a)
Treat,
store2, 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;
a)
Exceed the design capacities specified in Part A of the permit
application.
-(-BoardOARD
NeteOTE:
SeeDerived
from
40
CFR 122.23(b)270.71(a~
(1992)
.-)-
(Source:
Amended at 18 Ill. Beg.
________,
effective
_____________________
Section 703.156
Interim Status Standards
47
During interim status,
owners
or operators shall comply with the interim
status
standards at 35 111.
Adm. Code 725.
-(-BoardOARD
Ne4eO~:
SeeDerived from 40
CFR l22.23(d)270.71(b)_(1992).-)-
(Source:
Amended
at
18
Ill.
Beg.
________,
effective
_____________________
Section
703.158
Permits
for
Less
Than
an
Entire
Facility
The
Agency
may
issue
or
deny
a
permit
for
one
or
more
units
at
a
facility
without
simultaneously
issuing
or
denying
a
permit
to
all
of
the
units
at
the
facility.
The interim status of any unit for which a permit has not been
issued or denied is not affected by the issuance or denial of a permit to any
other unit at the facility.
BOARD NOTE:
Derived
from
40
CFR
270.1(c~(4)
(19921.
(Source:
Amended at
18
Ill.
Beg.
________,
effective
______________________
SUBPART D: APPLICATIONS
Section
703.184
Facility
Location
Information
a)
In order to show compliance with the facility location
requirements
of
Section
21(1)
of
the
Environmental
Protection
Act,
the
owner
or
operator
shall
include
the
following
information,
or
a demonstration that Section 21(1) 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
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;
-(-BoardOARD NeteOTE:
Subsections
(a)(1),
(a)(2),
(a)(3)2, and
(a)(4)
above request information necessary to allow the
Agency to determine the applicability of Section 21(1)
of
the Environmental Protection Act 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(1) of the Environmental
Protection
Act;
C)
Owners
and operators of all facilities shall 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
48
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)
whiohthat must be considered in designing,
constructing,
operating2, or maintaining the facility to withstand washout
from a
100—year flood;
+BoardOARD
NeteO~: 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.-)-_
(Board Note,
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
th~y are
in
the
100-year
floodplain.
Where
NFIP
maps
are not available for a proposed facility location, the owner or
operator
shall
use
equivalent
mapping
techniques
to
determine
whether
the
facility
is
within
the
100-year
floodplain,
and
if
so
located,
what the 100—year flood elevation
is.-)-
d)
Owners and operators of facilities located in the 100—year
floodplain shall 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,
a
detailed description of procedures to be followed
to
remove
hazardous
waste
to
safety
before
the
facility
is
flooded,
including:
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,
7242,
and
725;
C)
The
planned
procedures,
equipment2,
and
personnel
to
be
used
and
the
means
to
ensure
that
such
resources
will
be
available
in
time
for
use;
D)
The potential for accidental discharges of the waste
during movement;
(Board
Note.
Dorivcu
from
‘iv
CFR 270.14(~)(11)(iv)
(1988).
49
e)
Owners
and operators of existing facilities not in compliance with
35
Ill.
Adm. Code 724.118(b)
shall provide a plan showing how the
facility will be brought into compliance and a schedule for
compliance.
Such owners and operators shall file a concurrent
variance petition with the Board;
(Board Note,
Derived from 40 CFR
270.14(b~rj~i-~1v~
(JY~).
f)
owners or operators of new regional pollution control facilities,
as defined in Section 3 of the Environmental Protection Act,
shall
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.
-fBoardOARD NeteOTE:
SeeSubsections
(b) through
(el derived from
40 CFR 122.25(a)(11)270.14(b)(11)(iii) through
(b)(1l)(v)
(1992).
The Board has not codified an equivalent to 40 CFR
270.14(b)(l1)(i)
and
(b)(l1)(ii), relating to certain seismic
zones not
located within Illinois.-)-
(Source:
Amended at
18
Ill.
Beg.
,
effective
______________________
Section 703.186
Exposure Information
a)
Any Part
B permit application submitted by an owner or operator of
a
facility that stores,
treats2, 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:
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
subBection
(a)
(1)
above
and-7-
3)
The potential magnitude and nature of the human exposure
resulting from such releases.
b)
By August
8,
1985,
owners and operators of a landfill or
a surface
impoundment who have already submitted a Part B application must
submit the exposure information required in subsection
(a).
-(-BoardOARD
NeteOTE:
SeeDerived from 40 CFR 270.10-1(j)_(1992).-)-
(Source:
Amended at
18 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);
50
d)
Waste piles
(Section 703.204);
e)
Incinerators (Section 703.205);
f)
Land treatment
(Section 703.206);
g)
Landfills (Section 703.207).
+BoardOARD
NeteOTE:
SeeDer
ived in part from 40 CFR
122.25(b)270..4(a)__(1992).-)-
(Source:
Amended at
18
Ill. Beg.
,
effective
______________________
Section 703.201
Containers
For facilities that store containers of hazardous waste, except as otherwise
provided in 35
Ill.
Adin. Code 724.270,
the Part B application must include:
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,
dimensions2, 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;
5)
How accumulated liqujds 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:
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,
drawings2, or data demonstrating compliance with
35
Ill.
Adm.
Code 724.276 (location of buffer zone and containers holding
ignitable or reactive wastes)
and Section 724.277(c)
(location of
incompatible wastes), where applicable2,
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)-r and
724.277(a) and
(b).
+BoardOARD NeteOTE:
SeeDerived
from 40 CFR 122.25(b)(1)270.15
(1992)
.-).
(Source:
Amended at 18
Ill. Reg.
________,
effective
_____________________
51
Section 703.205
Incinerators that Burn Hazardous Waste
For facilities that incinerate hazardous waste, except as 35 Ill. Adm. Code
724.440 provides otherwise, the applicant
must
fulfill the requirements of
subsections
(a),
(b)2, or
(c) below
in completing the Part
B application:
a)
When seeking exemption under
35 Ill.
Adm. Code 724.440(b) or
(c)
(ignitable,
corrosive2, or reactive wastes only):
1)
Documentation that the waste is listed as a hazardous waste
in
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
35
Ill.
Adm. Code 721.Subpart D solely because
it is
reactive (Hazard Code B)
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 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:
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 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 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”, U.S.
EPA
Publication SW-846,
as incorporated by reference at
35
Ill.
Adm. Code 720.111 and Section 703.110, or their
52
equivalent;
B)
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”, U.S. EPA Publication SW—
846, as incorporated by reference at
35
Ill. Adm.
Code
720.111 and Section 703.110;
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:
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
system(s);
G)
Stack gas monitoring and pollution control monitoring
system;
H)
Nozzle and burner design;
I)
Construction materials;
J)
Location and description of temperature, pressure and
flow indicating devices and control deviceB;
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) above.
This analysis
should specify the POHCa 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 burn(s)
including:
A)
Sampling and analysis techniques used to calculate
performance
standards in
35 Ill. Adm. Code 724.443;
53
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);
C)
The certification and results required by subsection
(b)
above;
6)
The expected incinerator operation information to
demonstrate compliance with
35
Ill.
Adm. Code 724.443 and
724.445 including:
A)
Expected carbon monoxide
(CO)
level
in the stack
exhaust gas;
B)
Waste feed
rate;
C)
Combustion
zone
temperature;
B)
Indication of combustion gas velocity;
E)
Expected stack gas volume,
flow rate2, 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;
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
35
Ill. Adm. Code 724.Subpart
0-,- and what
conditions are required by that Subpart and Section 39(d)
of
the Environmental Protection Act;
8)
Waste analysis data,
including that submitted
in subsection
(c)(1)
above,
sufficient to allow the Agency to specify as
permit
Principal
Organic
Hazardous
Constituents
(permit
POHC5)
those
constituents
for
which destruction and removal
efficiencies will be required;
d)
The Agency shall approve
a permit application without a trial burn
if it finds that:
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.
-(-BOARD
NOTE:
Derived from 40 CFR 270.19
(1992), as amended
at
58 Fed. Beg.
46051
(Aug.
31,
1993).
6cc 40 OFR
122.25(b) (5).)
54
(Source:
Amended at
18 Ill. Beg.
________,
effective
_____________________
Section 703.206
Land Treatment
For facilities that use land treatment to dispose of hazardous waste,
except
as otherwise provided in 35 Ill.
Adm.
code 724.101, the Part B application
must include:
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-, data2, or operating
data);
3)
Any specific laboratory or field test that will be
conducted,
including:
A)
the type of test (e.g., column leaching, degradation);
B)
materials and methods,
including analytical
procedures;
C)
expected time for completion;
D)
characteriBtics 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:
A)
Waste application method and
rate;
B)
Measures to control soil pH;
C)
Enhancement
of microbial or chemical reactions;
B)
Control of moisture content;
3)
Provisions for unsaturated zone monitoring,
including:
A)
Sampling equipment, procedures2, and frequency;
B)
Procedures for selecting sampling locations;
C)
Analytical procedures;
55
B)
Chain of custody control;
E)
Procedures for establishing background values;
F)
Statistical methods for interpreting results;
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.
Acm. 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);
6)
Control of wind dispersal of particulate matter,
if
applicable;
ci)
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:
1)
Characteristics of the food-chain crop for which the
demonstration will be made;
2)
Characteristics of the waste, treatment
zone2, and waste
application method and rate to be used in the demonstration;
3)
Procedures for crop growth,
sample collection,
sample
analysis2, and data evaluation;
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 grown7- 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
56
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-r; and
i)
A waste management plan for hazardous waste
numbers
F020,
F021,
F022,
F023,
F0262, and F027 describing how
a land treatment
facility is or will be designed,
constructed,
operated2, 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, physical2, 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,
design2, or
monitoring techniques.
+BoardOARD
NeteOTE:
SeeDerived
from 40 CFR ~27O.20_(1992).-)-
(Source:
Amended at
18
Ill. Beg.
________,
effective
_____________________
Section 703.208
Specific Part B Information Requirements for Boilers and
Industrial Furnaces Burning Hazardous Waste
a)
Trial burns.
1)
General.
Except as provided below, owners and operators
that are subject to the standards to control organic
emissions provided by 35
Ill.
Admn.
Code 726.204,
standards
to control particulate matter provided by 35 Ill. Adm. Code
726.2052, standards to control metals emissions provided by
35
Ill.
Adni. Code 726.206, or standards to control hydrogen
chloride
(HC1) or chlorine gas emissions provided by 35
Ill.
Adm. Code 726.207 shall conduct a trial burn to demonstrate
conformance with those standards and
shall
submit
a
trial
burn plan or the results of a trial burn,
including all
required determinations,
in accordance with Section 703.232.
A)
Under subsection
(a)(2) through j~(5) below 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 date~,in lieu of
a
trial burn, as prescribed in subsection
(a)(6)-,. below.
57
2)
Waiver of trial burn of
BRE
(destruction removal
efficiency).
A)
Boilers operated under special operating requirements.
When seeking to be permitted under 35
Ill.
Acm.
Code
726.204(a)(4)
and
726.2102,
thatwhich automatically
waive
the
BRE
trial
burn,
the
owner
or
operator
of
a
boiler
shall
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)2,
thatwhich
waive
the
DRE
trial
burn,
the
owner
or
operator
shall
submit:
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
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,
see 35
Ill. Adm.
Code
720.111)2,
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)-,- above-,- 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)-,- above-,- using modeling procedures
prescribed by 35 Ill. Adm. Code 726.206(h).
The
Agency shall review the emission modeling
conducted
by
the
applicant
to
determine
conformance with these procedures.
The Agency
shall 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)-,
above-1-
quantified in conformance with subsection
(a)(2)(B)(iv)-,-
above.
does
not
exceed
the
allowable ambient level established in 35 Ill.
Adm. Code 726.Appendieee~D or E.
The
acceptable
ambient
concentration
for
emitted
constituents
for
which
a
specific
reference
air
58
concentration has not been established in
35
Ill. Adm. Code 726.Appendix D or risk—specific
does has not been established
in
35 Ill. Adm.
Code 726.Appendix E is 0.1 micrograms per cubic
meter, as noted
in the footnote 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 submit:
A)
Bocumentation of the feed rate of hazardous waste,
other
fuels2, 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 feedatocks,
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
type2,
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. Mm. 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 fuels2, 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)2, which waives the
particulate standard
(and trial burn to demonstrate
conformance with the particulate standard),
applicants shall
submit documentation supporting conformance with subsection~
(a)(2)(B)
and
(a)(3)-,- above.
5)
Waiver of trial burn for HC1 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 by HC1 and chlorine gas without requiring
a trial burn, the owner or operator shall
submit:
59
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)(l)
or
(e) will not be exceeded during the averaging period
provided by that subsection;
B)
Documentation to support the determination of the
TESH,
good engineering practice stack height,
terrain
type and land use as provided by 35
Ill.
Adni.
Code
726.207(b)
(3)-rj
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 feedatocka.
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
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 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 be submitted:
60
A)
For a waiver from any trial burn:
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.
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 demonstrate compliance with the
DRE
performance standard in 35
Ill.
Adm.
Code 726.204(a).
This analysis should specify the constituents
in 35
Ill.
Adm.
Code 721.Appendix
H-1- 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 of industrial furnaces
requesting an alternative HC limit under 35
Ill.
Adm. Code
726.204(f) shall 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 feedstreaxna,
total
organic carbon content (or other appropriate measure of
organic
content)
of
all nonfuel feedstreams,
and operating
conditions that
affect
combustion
of
fuel(s)
and destruction
of hydrocarbon emissions from nonfuel sources;
4)
Trial burn plan to:
A)
Demonstrate 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 35
Ill.
Adni.
Code 721.Appendix H that are emitted
when burning hazardous waste;
61
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.
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
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
provide such other information that the Agency finds necessary to
achieve the purposes of this subsection.
d)
Automatic waste feed cutoff system.
Owners
and operators shall
submit information describing the automatic waste feed cutoff
system,
including any pre—alarm systems
that may be used.
e)
Direct transfer.
Owners and operators that use 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 submit information
supporting
conformance
with
the
standards
for
direct
transfer
provided
by
35
Ill.
Adm.
Code
726.211.
f)
Residues.
Owners
and operators that claim that their residues are
excluded
from regulation under the provisions of 35 Ill.
Admn.
Code
726.212 shall submit
information
adequate to demonstrate
conformance with those provisions.
BOARD
NOTE:
Derived from 40 CFR 270.22
(1992).
(Source:
Amended at 18
Ill. Beg.
_______,
effective
____________________
Section 703.210
Process Vents
Except as otherwise provided in
35 Ill. Adm. Code 724.101, owners and
operators
of
facilities which have process vents to which 35
Ill.
Adm.
Code
724.Subpart AR applies shall provide the following additional
information:
a)
For facilities which cannot install
a closed—vent system and
control device to comply with
35
Ill. Adm. Code 724.Subpart
AA-,- on
the effective date on which the facility becomes subject to that
Subpart or
35
Ill. Adm. Code 725.Subpart AR,
an implementation
schedule as specified in 35
Ill.
Acm.
Code 724.933(a) (2).
b)
Documentation of compliance with the process vent standards in 35
Ill.
Adm. Code 724.932,
including:
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)2, and the approximate location within
the facility of each affected
unit
(e.g., identify the
hazardous
waste
management
units
on
a
facility plot
plan)-r-j.
2)
Information and data supporting
estimates
of
vent
emissions
62
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 rates2,
or concentrations)
.‘hichthat
represent the conditions
uhiohthat exist when the waste management unit
is operating
at the highest load or capacity level reasonably expected to
occur-~-~
3)
Information and data used to determine whether or not
a
process vent is subject to
35 Ill.
Adxn.
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, condenser2, or carbon
adsorption system to comply with 35
Ill.
Admn.
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:
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
piping2, and instrumentation diagrams based on the
appropriate sections of APTI Course 415,
incorporated by
reference in 35 Ill.
Admn.
Code 720.111, or other engineering
texts approved by the Agency which 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 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).
(Source:
Amended at 18 Ill. Beg.
________,
effective
Section 703.211
Equipment
63
Except as otherwise provided in 35
Ill.
Adm. Code 724.101,
owners and
operators of facilities which have equipment to which
35 Ill. Adm. Code
724.Subpart
BB applies shall provide the following additional
information:
a)
For each piece of equipment to which
35
Ill. Adm.
Code 724.Subpart
BB applies:
1)
Equipment identification number and hazardous waste
management unit identification-ri
2)
Approximate locations within the facility (e.g., identify
the hazardous waste management unit on a facility plot
plan)-~-j
3)
Type of equipment
(e.g.,
a pump or pipeline valve)-r~
4)
Percent by weight total organica
in the hazardous
wastestream at the
equipment-i-i.
5)
Hazardous waste state at the equipment
(e.g., gas/vapor or
liquid)-r-;
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 cannot
install
a closed-vent system and
control device to
comply
with
35 Ill.
Adm.
Code 724.Subpart BB on
the effective date that facility becomes subject to this Subpart
or 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,
condenser2, 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. Acm. Code 724.935(b)(3).
ci)
Documentation which demonstrates compliance with the equipment
standards in 35 Ill.
Acm.
Code 724.952 or 724.959.
This
documentation must contain the records required under 35
Ill.
Adm.
Code 724.964.
The Agency shall 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-rj
2)
Records, including the dates of each compliance test
required by 35
Ill.
Adm. Code 724.933(j)-v-i
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.
Mm.
Code 720.111, or other engineering texts approved
by the Agency which 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),-j.
64
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 exist
when the hazardous
waste
management
unit
is
or
would be
operating at the highest load or capacity level reasonably
expected to
occur-s.;
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).
(Source:
Amended at 18
Ill. Beg.
________,
effective
_____________________
SUBPART E:
SHORT TERM
AND
PHASED PERMITS
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 computation2, 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, whiohthat identifies the conditions necessary to
operate in compliance with the performance standards of 35
Ill.
Acm. Code 724.443, during this period.
This statement should
include,
at a minimum, restrictions on waste constituents, waste
feed rates2, and the operating parameters identified in
35 Ill.
Acm. 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.
ffloar4OARD NeteOTE:
SeeDerived
from 40 CFR l22.27(b)(3)270.62(c)
(1992).-)-
(Source:
Amended at
18 Ill. Reg.
________,
effective
_____________________
Section 703.232
Permits for Boilers and Industrial Furnaces Burning
Hazardous Waste
a)
General.
Owners
and operators of new boilers and industrial
furnaces (those not operating under the interim status standards
of 35 Iii. Adm. Code 726.203) are subject to subsection
(b)
through
(f)
below.
Boilers and industrial furnaces operating
under the interim status standards of 35 Ill.
Adni.
Code 726.203
are subject to subsection
(g) below.
b)
Permit operating periods
for new boilers and industrial furnaces.
A permit for a new boiler or industrial furnace must specify
appropriate conditions
for the following operating periods:
65
1)
Pretrial burn period.
For the period beginning with initial
introduction of hazardous waste and ending with initiation
of the trial burn,
and only for the minimum time required to
bring the boiler or industrial furnace to a point of
operation readiness to conduct a trial burn,
not to exceed
720 hours operating time when burning hazardous waste,
the
Agency shall establish in the Pretrial Burn Period of the
permit conditions,
including but not limited to allowable
hazardous waste feed rates and operating conditions.
The
Agency shall extend the duration of this operational period
once,
for up to 720 additional hours,
at the request of the
applicant when good cause
is
shown.
The permit moat be
modified to reflect the extension according to Section
703.280 et seq.
A)
Applicants must submit
a statement, with part
B of the
permit
application, that suggests the conditions
necessary to operate in compliance with the standards
of 35 Ill. Adm. Code 726.204 through 726.207 during
this period.
This statement should include,
at a
minimum, restrictions on the applicable operating
requirements identified
in
35 Ill. Adm. Code 726.202
(e).
B)
The Agency shall 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 726.204 through 726.207 based on the
Agency’s engineering judgment.
2)
Trial burn period.
For the duration of the trial burn,
the
Agency shall establish conditions in the permit for the
purposes of determining feasibility of compliance with the
performance standards of 35 Ill. Adm. Code 726.204 through
726.207 and determining adequate operating conditions under
35 Ill. Adm. Code 726.202(e).
Applicants shall propose
a
trial burn plan, prepared under subsection
(c) below,
to be
submitted with part B of the permit application.
3)
Post—trial burn period.
A)
For the period immediately following completion of the
trial burn,
and only for the minimum period sufficient
to allow sample analysis,
data computation and
submission of the trial burn results by the applicant,
and review of the trial burn results and modification
of the
facility permit by the Agency to reflect the
trial burn results, the Agency shall establish the
operating
requirements
most
likely to ensure
compliance with the performance standards of
35 Ill.
Adm. Code 726.204 through 726.207 based on the
Agency’s engineering judgment.
B)
Applicants shall submit
a statement, with part B of
the application, that identifies the conditions
necessary to operate during this period in compliance
with the performance standards of 35 Ill. Adm. Code
726.204 through 726.207.
This statement should
include, at
a minimum, restrictions on the operating
requirements
provided by 35 Ill. Adm. Code 726.202
(e).
66
C)
The Agency shall review this statement and any other
relevant information submitted with part B of the
permit application and specify requirements of this
period
sufficient to meet the performance standards of
35 Ill. Adm. Code 726.204 through 726.207 based on the
Agency’s engineering judgment.
4)
Final permit period.
For the final period of operation the
Agency shall develop operating requirements in conformance
with 35
Ill.
Adm. Code 726.202(e) that reflect conditions in
the trial burn plan and are likely to ensure compliance with
the performance standards of 35 Ill. Adm. Code 726.204
through 726.207.
Based on the trial burn results, the
Agency shall make any necessary modifications to the
operating requirements to ensure compliance with the
performance standards.
The permit modification must proceed
according to Section 703.280 et seq.
c)
Requirements for trial burn plans.
The trial burn plan must
include the following information.
The Agency,
in reviewing the
trial burn plan,
shall evaluate the sufficiency of the
information
provided and may require the applicant to supplement this
information, if necessary, to achieve the purposes of this
subsection.
1)
An analysis of each feed stream,
including hazardous waste,
other fuels,
and industrial
furnace feed stocks, as fired,
that includeB:
A)
Heating value,
levels of antimony,
arsenic, barium,
beryllium,
cadmium,
chromium,
lead,
mercury,
silver,
thallium, total chlorine/chloride and ash;
B)
Viscosity or description of the physical form of the
feed stream;
2)
An analysis of each hazardous waste,
as fired,
including:
A)
An identification of any hazardous organic
constituents listed in 35 Ill.
Adm. Code 721.Appendix
H that are present in the feed stream,
except that the
applicant need not analyze for constituents listed in
Appendix H that would reasonably not be expected to be
found in the hazardous waste.
The constituents
excluded from analysis must be identified as the basis
for this exclusion explained.
The analysis must be
conducted
in
accordance
with
analytical
techniques
specified in “Teat Methods for the Evaluation of Solid
Waste, Physical/Chemical Methods”,
U.S. EPA
Publication SW—846,
as incorporated by reference at 35
Ill. Adm. Code 720.111 and Section 703.110, or their
equivalent.
B)
An approximate quantification of the hazardous
constituents identified in the hazardous waste, within
the precision produced by the analytical methods
specified in “Test Methods for the Evaluation of Solid
Waste,
Physical/Chemical Methods”,
U.S. EPA
Publication SW—846,
as incorporated by reference at
35
Ill. Adm. Code
720.111 and Section 703.110,
or other
equivalent.
67
C)
A description of blending procedures,
if applicable,
prior to firing the hazardous waste, including a
detailed analysis of the hazardous waste prior to
blending,
an analysis of the material with which the
hazardous waste prior to blending,
an analysis of the
material with which the hazardous waste
is blended,
and blending ratios.
3)
A detailed engineering description of the boiler or
industrial furnace,
including:
A)
Manufacturer’s name and model number of the boiler or
industrial furnace;
B)
Type of boiler or industrial furnace;
C)
Maximum design capacity in appropriate units;
D)
Description of the Feed system for the hazardous
waste,
and as appropriate, other fuels and industrial
furnace feedstocks;
E)
Capacity of hazardous waste feed system;
F)
Description of automatic hazardous waste feed cutoff
system(s);
and
G)
Description of any pollution control system;
and
H)
Description of stack gas monitoring and any pollution
control monitoring systems.
4)
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 sample analysis.
5)
A detailed test schedule for each hazardous waste for which
the trial burn is planned,
including date(s), duration,
quantity of hazardous waste to be burned, and other factors
relevant to the Agency’s decision under subsection (b)(2)
above.
6)
A detailed test protocol,
including,
for each hazardous
waste identified, the ranges of hazardous waste feed rate,
and,
as appropriate,
the feed rates of other fuels and
industrial
furnace feedstocks,
and any other relevant
parameters that may affect the ability of the boiler or
industrial furnace to meet the performance standards
in
35
Ill.
Adm. Code 726.204 through 726.207.
7)
A description of and planned operating conditions for any
emission control
equipment
that will be used.
8)
Procedures for rapidly stopping fthe hazardous waste feed
and controlling emissions in the event of an equipment
malfunction.
9)
Such other information as the Agency finds necessary to
determine whether to approve the trial burn plan in light of
the purposes of this subsection and the criteria in
subsection
(b)(2)
above.
68
d)
Trial burn procedures.
1)
A trial burn must be conducted to demonstrate conformance
with the standards of 35
Ill.
Adm. Code 726.104 through
726. 107.
2)
The Agency shall approve a trial burn plan
if the Agency
finds that:
A)
The trial burn
is likely to determine whether the
boiler or industrial furnace can meet the performance
standards of 35
Ill.
Adm. Code 726.104 through
726. 107.
B)
The trial burn itself will not present an imminent
hazard to human health and the environment;
C)
The trial burn will help the Agency to determine
operating requirements to be specified under 35
Ill.
Adm. Code 726.102(e); and
D)
The information sought in the trial burn cannot
reasonably be developed through other means.
3)
The applicant shall submit to the Agency a certification
that the trial burn has been carried out in accordance with
the approved trial burn plan, and submit the results of all
the determinations required in subsection
(c)
above.
The
Agency shall,
in the trial burn plan,
require that the
submission be made within 90 days after completion of the
trial burn, or
later if the Agency determines that
a later
date is acceptable.
4)
All data collected during any trial burn must be submitted
to the Agency following completion of the trial burn.
5)
All submissions required by this subsection 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.
e)
Special procedures for BRE trial burns.
When a BRE trial burn is
required under
35 Ill. Adm. Code 726.104, the Agency shall specify
(based on the hazardous waste analysis data and other information
in the trial burn plan) as trial Principal Organic Hazardous
Constituents (POHC5) those compounds for which destruction and
removal efficiencies must be calculated during the trial burn.
These trial POHCs will be specified by the Agency based on
information including the Agency’s estimate of the difficulty of
destroying the constituents identified in the hazardous waste
analysis, their concentrations or mass in the hazardous waste
feed,
and,
for hazardous waste containing or derived from wastes
listed in
35 Ill.
Adni.
Code 721.Subpart
B, the hazardous waste
organic constituent(s) identified in 35
Ill. Adm. Code
721.Appendix G as the basis for listing.
f)
Determinations based on trial burn.
During each approved trial
burn
(or as soon after the burn as
is practicable), the applicant
shall make the following determinations:
1)
A quantitative analysis of the levels of antimony,
arsenic,
barium, beryllium,
cadmium,
chromium,
lead, mercury,
69
thallium,
silver,
and chlorine/chloride,
in the feed streams
(hazardous waste, other fuels,
and industrial furnace
feedstocks);
2)
When a
DRE
trial burn is required under 35 Ill. Adm.
Code
726.204(a):
A)
A quantitative analysis of the trial POHC5 in the
hazardous waste feed;
B)
A quantitative analysis of the stack gas for the
concentration and mass emissions of the trial POHCB;
and
C)
A computation of
(DRE),
in accordance with the
DRE
formula specified in
35 Ill. Adm. Code 726.204(a).
3)
When a trial burn for chlorinated diaxins and furans
is
required under 35
Ill. Adm. Code 726.204(e),
a quantitative
analysis of the stack gas for the concentration and mass
emission rate of the 2,3,7,8—chlorinated tetra—octa
congeners of chlorinated dibenzo—p—dioxins and furans,
and a
computation showing conformance with the emission standard.
4)
When a trial burn for PM, metals, or HC1/Chlorine gas is
required under 35 Ill. Adm. Code 726.205,
726.206(c)
or
(d)
or 726.207(b) (2)
or
(c),
a quantitative analysis of the
stack gas for the concentrations and mass emissions of
PM,
metals, or HC1 and chlorine gas and computations showing
conformance with the applicable emission performance
standards;
5)
When a trial burn for BRE, metals,
and HC1/Chlorine gas
is
required under 35 Ill. Adm. Code 726.204(a),
726.206(c) or
(d),
or 726.207(b) (2)
or
(c),
a quantitative analysis of the
scrubber water
(if any), ash residues, other residues, and
products for the purpose of estimating the fate of the trial
POHCs, metals, and chlorine/chloride;
6)
An identification of sources of fugitive emissions and their
means of control;
7)
A continuous measurement of carbon monoxide
(CO), oxygen,
and where required,
hydrocarbons
(HC), in the stack gas; and
8)
Such other information as the Agency specifies as necessary
to ensure that the trial burn will determine compliance with
the performance standards
35
Ill. Adm. Code 726.204 through
726.207 and to establish the operating conditions required
by 35
Ill.
Adxn. Code 726.204 through 726.207 and of
determining adequate operating conditions under
35
Ill. Adm.
Code 726.203, and to establish the operating conditions
required by 35 Ill. Mm.
Code 726.202(e)
as necessary to
meet those performance standards.
g)
Interim status boilers and industrial furnaces,
for the purpose
of determining feasibility of compliance with the performance
standards of
35 Ill.
Adm. Code 726.204 through 726.207 and of
determining adequate operating conditions under 35 Ill. Adm. Code
726.203, applicants owning or operating existing boilers or
industrial furnaces operated under the interim status standards of
35
Ill. Adm. Code 726.203 shall either prepare and submit a trial
70
burn plan and perform a trial burn in accordance with the
requirements of the Section or submit other information as
specified in Section 703.208(a)(6).
Applicants that submit
a
trial burn plan and receive approval before submission of
the part
B permit application shall complete the trial burn
and submit the
results specified in subsection
(f) above with the part B permit
application.
If completion of this process conflicts with the
date set for submission of the part B application,
the applicant
shall contact the Agency to establish a later date for submission
of the part
B application or the trial burn results.
If the
applicant submits
a trial burn plan with part B of the permit
application,
the trial burn must be conducted and the results
submitted within a time period prior to permit issuance to be
specified by the Agency.
BOARD NOTE:
Derived from 40 CFR 270.66
(1992),
as amended at
58
Fed.
Beg.
46051
(Aug.
31,
1993).
(Source:
Amended at
18 Ill.
Beg.
,
effective
______________________
SUBPART F: PERMIT CONDITIONS OR DENIAL
Section 703.241
Establishing Permit Conditions
a)
General conditions:
1)
In addition to the conditions established under 35
Ill. Adm.
Code 702.160(a), each RCRA permit shall include permit
conditions necessary to achieve compliance with each of the
applicable requirements specified in 35
Ill. Adm. Code 724
and 726 through 728.
In satisfying this provision,
the
Agency may incorporate applicable requirements of
35
Ill.
Adm. Code 724 and 726 through 728 directly into the permit
or establish other permit conditions that are based on these
Parts;
2)
Each RCRA permit issued under Section 39(d)
of the
Environmental Protection Act shall contain terms and
conditions whiohthat the Agency determines are necessary to
protect human health and the environment.
-(-BoardOARD Ne~eOTE: BeeDerived from 270.32(b)
(1964~), ac
wnondod at
51 Fad. Rag.
40636, Novcmbor
7,
1986)2,
b)
The conditions specified in thej~following CcotionSubpart,
in
addition to those set forth in
35 Ill.
Adin.
Code 702.140 through
702.152, apply to all
RCRA
permits.
-(-BoardOARD NeteOTE:
SeeBerived from 40 CFR 122.28270.30 preamble
(1992)
.-)-
(Source:
Amended at 18 Ill. Reg.
________,
effective
_____________________
Section 703.242
Noncompliance Pursuant to Emergency Permit
In addition to
35 Ill.
Adm. Code 702.141
(duty to comply)÷2,the permittee need
not comply with the conditions of thioj~permit to the extent and for the
duration such noncompliance is authorized in an emergency permit.
(See
Section 703.221).
-(-BoardOARD
NeteOTE:
SeeDerived
from 40 CFR 122.28270.30(a)_(1992).-)-
71
(Source:
Amended at 18
Ill. Beg.
________,
effective
-
Section 703.244
Notice of Planned Changes
(Reiealed)
~r
~
to
35 Ill. 7~&s
‘—~--
T-G~- 152(a)
a-
SW
facility,
~‘~-pe
-~
not
-
-
~e
- -
I for
-6ae’ ~
‘
-
1.
ncw
~-
,~-
2)
7
opaoai.
or hazardous w~u,
,-...i———~.
I
UHL
C
fl
Lfl
w~
—
cn~
-~t
(Source:
Repealed at 18 Ill. Reg.
________,
effective
______________________
Section 703.245
Twenty-four Hour Reporting
a)
The permittee shall report any non—compliance which may endanger
health or the environment orally within 24 hours after the
permittee becomes aware of the circumstances,
including:
1)
Information concerning release of any hazardous waste that
may cause an endangerment to public drinking water supplies;
2)
Any
information of
a release or discharge of hazardous
waste,
or of a fire or explosion from a HWM facility,
which
could threaten the environment or human health outside the
facility.
b)
The description of the occurrence and its cause shall include:
1)
Name,
address2, and telephone number of the owner or
operator;
2)
Name,
address2, and telephone number of the facility;
3)
Date,
time2, and type of incident;
4)
Name and quantity of material(s)
involved;
5)
The extent of injuries,
if any;
6)
An assessment of actual or potential hazards to the
environment and human health outside the facility, where
this is applicable; and
—J
,
treatment,
storage
u~ngmodified the pormittoc
non troat,
f~rfl4~r
store or
UL5~OOQ
or nasaruous
iin1~i1t
wautu
in the modified portion of
of planncd changes)’
Fr,r
a)
The pormittoc has submitted to
the
Agonoy by oortifiod mail or
hand delivery a latter signed by the pormittee and a registered
professional engineer stating that the facility has been
conotruotod or stodified in compliance with the permit;
and
b+
1)
The Agency has inspected the modified or newly conotruoted
facility and finds it
is
in compliance with the condition of
the
ucrmit~
or
_-~-~4~~
15 d~,
-a-f-
datc of
i~m4~~
f thc l~
in paragraph
(a),
the pormittee has not rocoivod notice from
tho Agency of ito intent to inopoot, prior inopootion io
waived and the pormittoc may commence treatment,
storage or
dio~ooalof hazardous waotc.
72
7)
Estimated quantity and disposition of recovered material
that resulted from the incidentf.
C)
A written submission shall also be provided within
5 days of the
time the permittee becomes aware of the circumstances.
The
written submission shall contain a description
of the
non—compliance and its cause;
the period of noncompliance
including exact dates2, and times,
and2, if the noncompliance has
not been corrected, the anticipated time the noncompliance is
expected to continue; and steps taken or planned to reduce,
eliminate,
and prevent reoccurrence of the noncompliance.
The
Agency may waive the five day written notice requirement
in favor
of
a written report within fifteen days.
-(-BoardOARD NeteOTE:
SeeDerived from 40 CFR 270.30(~c1)(6).-)-
(Source:
Amended at
18 Ill. Beg.
________,
effective
______________________
Section 703.246
Reporting Requirements
The following reports required by 35 Ill. Adm. Code 724 shall be submitted in
addition to those required by 35 Ill.
Adm.
Code 702.152
(reporting
requirements):
a)
Manifest discrepancy report:
if a significant discrepancy
in
a
manifest is discovered, the permittee must attempt to reconcile
the discrepancy.
If not resolved within fifteen days,
the
permittee must submit
a letter report including a copy of the
manifest to the Agency
(See 35
Ill.
Adin. Code
l24.l72)j-2,
b)
Unmanifested waste report:
if hazardous waste
is received without
an accompanying manifest,
the perxnittee must be—submitted an
uninanifested waste report to the Agency within
15 days of receipt
of unmanifeated waste.
(See 35
Ill.
Adm. Code 724.176)
c)
Annual report:
an annual report must be submitted covering
facility activities during the previous calendar year
(See
35
Ill.
Adm. Code 724.175).
+BoardOARD NeteOTE:
SeeDerived from 40 CFR 122.28(c)270.30(l)(7)
through (l)(9)
(1992).
(Source:
Amended at 18
Ill. Beg.
________,
effective
_____________________-
Section 703.247
Anticipated Noncompliance
In addition to 35
Ill. Adm. Code 702.152(b),
for a new facility, the permittee
shall not treat,
store2, or dispose of hazardous waste;
and for
a facility
being modified,
the permittee shall not treat,
store2, or dispose of hazardous
waste in the modified portion of the facility,
except as provided in Section
703.280,
until:
a)
The permittee has submitted to the Agency by certified mail or
hand delivery a letter signed by the permittee and a registered
professional engineer stating that the facility has been
constructed or modified in compliance with the permit;
and
b)
Either:
1)
The Agency has inspected the modified or newly constructed
facility and finds it
is in compliance with the conditions
of the permit; or
73
2)
Within
15 days after the date of submission of the letter
in
subsection
(a),
the permittee has not received notice from
the Agency of its intent to inspect, the permittee may
commence treatment,
storage2, or disposal of hazardous waste.
.(-BoardOARD
NebeOTE:
Derived from 40 CFB 270.30(-~1)(2)
(195892),
as amended at ~3 Fad.
flog.
37934,
September 29,
1988
(Source:
Amended at
18
Ill. Reg.
,
effective
______________________
SUBPART G: CHANGES TO PERMITS
Section 703.283
Class
3 Modifications
a)
For Class
3 modifications,
listed in Appendix
A, the permittee
shall submit a modification request to the Agency whichthat:
1)
Describes the exact change to be made to the permit
conditions and supporting documents referenced by the
permit;
2)
Identifies that the modification is
a Class
3 modification;
3)
Explains why the modification is needed; and
4)
Provides the applicable information required by Section
703.181 through 703.187, 703.201 through 703.209,
703.221
through 703.225,
703.2302, and 703.232.
b)
The permittee shall send a notice of the modification request to
all persons on the facility mailing list maintained by the Agency
and to the appropriate units of State and local government2, as
specified in 35
Ill. Adm. Code 705.163(a) (5)2, and shall publish
this notice in a newspaper of general circulation in the county in
which the facility is located.
This notice must be mailed and
published within
7 days before or after the date of submission of
the modification request,
and the permittee shall provide to the
Agency evidence of the mailing and publication.
The notice must
include:
1)
Announcement of a 60-day comment period,
in accordance with
subsection
(e)-,- below, and the
name and address of an Agency
contact to whom comments must be sent;
2)
Announcement of the date,
time2, and place for a public
meeting held in accordance with subsection
(d)-r below;
3)
Name and telephone number of the permittee’s contact person;
4)
Name
and telephone number of an Agency contact person;
5)
Locations where copies of the modification request and any
supporting documents can be viewed and copied;
and
6)
The following statement:
“The permittee’s compliance
history during the life of the permit being modified is
available from the Agency contact person.”
c)
The permittee shall place
a copy of the permit modification
request and supporting documents in a location accessible to the
74
public in the vicinity of the permitted facility.
d)
The permittee shall hold a public meeting no earlier than 15 days
after the publication of the notice required in subsection
(b)-7-
above-7-
and no later than 15 days before the close of the 60-day
comment period.
The meeting must be held to the extent
practicable
in the vicinity of the permitted facility.
e)
t~hepublic shall be provided 60 days to comment on the
modification request.
The comment period will begin on the date
the permittee publishes the notice
in the local newspaper.
Comments must be submitted to the Agency contact identified in the
public notice.
f)
After the conclusion of the 60-day comment period, the Agency
shall grant or deny the permit modification request2, according to
the permit modification procedures of
35 Ill.
Adm. Code 705.
In
addition,
the Agency shall consider and respond to all significant
written comments received during the 60—day comment period.
BOARD
NOTE:
Derived from 40 CFR 270.42(c)
(19921.
(Source:
Amended at
18
Ill. Beg.
________,
effective
_____________________
TITLE 35:
ENVIRONMENTAL
PROTECTION
SUBTITLE G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER
b:
PERMITS
PART 704
UIC PERMIT
PROGRAM
SUBPART A:
GENERAL PROVISIONS
Section
704.101
Content
704.102
Scope of the Permit or Rule Requirement
704.103
Identification of Aquifers
704.104
Exempted Aquifers
704.105
Specific Inclusions and Exclusions
704.106
Classification of Injection Wells
704.107
Definitions
SUBPART B:
PROHIBITIONS
Section
704.121
Prohibition of Unauthorized Injection
704.122
Prohibition of Movement of Fluid into USDW
704.123
Identification of USDW and Exempted Aquifers
704.124
Prohibition of Class IV Wells
SUBPART
C:
AUTHORIZATION OF UNDERGROUND INJECTION BY RULE
Section
704.141
Existing Class
I and III Wells
704.142
Existing Olaco IV Wallo,
not into USDW
‘flenumbercdlProhibitions on
Iniection into Wells Authorized by Rule
704.143
Expiration of Authorization
704.144
Requirements
704.145
Existing Class IV Wells
704. 146
Class V Wells
704.147
Requiring a Permit
704.148
Inventory Requirements
704.149
Requiring other Information
75
704.150
Requirements for Class
I and III Wells authorized by Rule
704.151
RCRA
Interim Status for Class
I Wells
SUBPART D:
APPLICATION FOR PERMIT
Section
704.161
Application
for Permit; Authorization by Permit
704.162
Area Permits
704.163
Emergency Permits
704.164
Signatories to Permit Applications
SUBPART
E:
PERMIT CONDITIONS
Section
704.181
Additional Conditions
704.182
Establishing UIC Permit Conditions
704.183
Construction Requirements
704.184
Corrective Action
704.185
Operation Requirements
704.186
Hazardous Waste Requirements
704.187
Monitoring and Reporting
704.188
Plugging and Abandonment
704.189
Financial Responsibility
704.190
Mechanical
Integrity
704.191
Additional Conditions
704.192
Waiver of Requirements by Agency
704.193
Corrective Action
704.194
Maintenance and Submission of Records
SUBPART F:
REQUIREMENTS FOR
WELLS
INJECTING HAZARDOUS WASTE
Section
704.201
Applicability
704.202
Authorization
704.203
Requirements
SUBPART G:
FINANCIAL RESPONSIBILITY FOR
CLASS
I
HAZARDOUS WASTE INJECTION WELLS
Section
704.210
Applicability
704.211
Definitions
704.212
Cost Estimate for Plugging and Abandonment
704.213
Financial Assurance for Plugging and Abandonment
704.214
Trust Fund
704.215
Surety Bond Guaranteeing Payment
704.216
Surety Bond Guaranteeing Performance
704.217
Letter of Credit
704.218
Plugging and Abandonment Insurance
704.219
Financial Test and Corporate Guarantee
704.220
Multiple Financial Mechanisms
704.221
Financial Mechanism for Multiple Facilities
704.222
Release of the Owner or Operator
704.230
Incapacity
704.240
Wording of the Instruments
SUBPART H:
ISSUED PERMITS
Section
704.260
Transfer
704.261
Modification
704.262
Causes for Modification
704.263
Well Siting
704.264
Minor Modifications
AUTHORITY:
Implementing Sections 13 and 22.4 and authorized by Section 27 of
the Environmental Protection Act
(Ill.
Rev. Stat.
1987,
oh.
111 1/2, parc.
76
022.4 and 1027~415ILCS 5/13,
22.4, and
271-f-.
SOURCE:
Adopted in R81—32,
at 47 PCB 95, at
6 Ill. Beg.
12479,
effective
as
noted in 35
Ill. Mm.
Code 700.lO6March
3, 1984
amended in R82—19,
at
7
Ill.
Beg.
14402, effective as neted in
35
Ill. Mm.
Code 700.lO6March
3, 1984
amended in R83—39,
at 55
PCB 319, at
7
Ill. Beg.
17338, effective December 19,
1983;
amended in R85—23
at 10 Ill.
Reg.
13290, effective July 29,
1986;
amended in R87—29
at
12 Ill.
Beg.
6687,
effective
March 28,
1988;
amended in
R88—2 at 12
Ill.
Reg.
13700,
effective August 16,
1988; amended in R88—l7
at
13
Ill. Beg. 478, effective December 30,
1988;
amended in R89—2
at 14111.
Beg.
3116,
effective February 20,
1990; amended in R94—5
at
18
Ill.
Beg.
,
effective
SUBPART A:
GENERAL PROVISIONS
Section 704.102
Scope of the Permit or Rule Requirement
Although five classes of wells are set forth in Section 704.106, the UIC
(Underground Injection Control) permit program described in
35
Ill.
Adm. Code
702,
704,
7052, and 730 regulates underground injection for only four classes
of wells
(see definition of “well injection,”
35
Ill. Adm. Code 702.110).
Class
II wells
(Section 704.106(b))
are not subject to the requirements found
in 35
Ill. Adm. Code 702,
704,
7052, and 730.
The UIC permit program for Class
II wells will be adopted by the Illinois Department of Mines and Minerals
pursuant to Section 1425 of the SDWA (Safe Drinking Water Act,
42 U.S.C.
300f).
All owners or operators
of Class
I, Class III, Class
IV2, or Class V
injection wells must be authorized either by permit or rule.
In carrying out
the mandate of the SDWA,
this Part provides that no injection shall be
authorized by
permit
or rule if
it results in movement of fluid containing any
contaminant into underground sources of drinking water
(USDWa) (Section
704.122)
if the presence of that contaminant may cause a violation of any
primary drinking water regulation under 40 CFR 142 or may adversely affect the
health of persona.
(Section 704.122).
Existing Class IV wells whichthat
inject hazardous waste directly into an under ground source of drinking water
are to be eliminated over a period of six months and new such Class IV wells
are to be prohibited (Section 704.124).
Class V wells will be inventoried and
assessed2, and regulatory action will be established at
a later date.
In the
meantime,
if remedial action appears necessary,
an individual permit may be
required
(704.Subpart C)
or the Agency must require remedial action or closure
by order (Section 704.122(c)).
(Board N0tcBOARD NOTE:
SeeDerived from 40 CFR l22.31(d)144.1(g)
(1993’j.+
(Source:
Amended at
18 Ill. Beg.
________,
effective
_____________________
Section 704.103
Identification of Aquifers
During UIC program development, the Agency may identify aquifers and portions
of aquifers with are actual or potential sources of drinking water.
This
identification will provide an aid to the Agency in carrying out its duty to
protect all USDWs.
An aquifer
is
a USDW if it fits the definition,
even if
it
has not been “identified.”
(35
Ill. Mm.
Code 702.10?)
(N0tOBOARD NOTE:
See 35 Ill. Adm. Code 702.106.
Derived from 40 CFR
122.31(d)144.1(g)
(1993)-)-.
(Source:
Amended at
18
Ill. Beg.
,
effective
77
Section 704.104
Exempted Aquifers
The Board may designate “exempted aquifers” using criteria
in
35
Ill.
Adxn.
Code 730.
Such aquifers are those whiohthat would otherwise qualify as
“underground sources of drinking water” to be protected, but which have no
real potential to be used as drinking water
sources.
Therefore they are not
USDWs.
No aquifer is an “exempted aquifer” until
it has been affirmatively
designated under the procedures
in
Sec-,-tion 704.123.
Aquifers whiohthat do
not fit the definition of “underground sources of drinking water” are not
“exempted aquifers.”
They are simply not subject to the special protection
afforded USDW5.
(Soc 35
Ill.
Adm. Code 702.105)
(N0tCBOABD
NOTE:
See 35
Ill.
Adm. Code 702.105.
Derived from 40 CFR
122.31(d)144.1(a)
(19931+.
(Source:
Amended at 18
Ill.
Reg.
,
effective
______________________
Section 704.105
Specific Inclusions and Exclusions
a)
The following wells are included among those types of injection
activities whichthat are covered by the UIC regulations.
(This
list
is not
intended to be exclusive but is for clarification
only.)
1)
Any injection well located on a drilling platform inside
territorial waters of the State of
Illinois;
2)
Any dug hole or well that
is deeper than its largest surface
dimension,
where the principal function of the hole
is
emplacement of
fluids;
3)
Any septic tank or cesspool used by generators of hazardous
waste,
or by owners or operators of hazardous waste
management facilities, to dispose of fluids containing
hazardous waste;
4)
Any
septic tank,
cesspool2, or other well used by a multiple
dwelling,
community2, or regional system for the injection of
wastes.
b)
The following are not covered by these regulations:
1)
Injection wells located on
a drilling platform or other site
that
is beyond the territorial waters of the State of
Illinois;
2)
Individual or single family residential waste disposal
systems such as domestic cesepools or septic systems;
3)
Nonresidential cesspools,
septic
systems2, or similar waste
disposal systems
if such systems are used solely for the
disposal of sanitary waste,
and have the capacity to serve
fewer than 20 persons
a day;
4)
Injection wells used for injection of hydro carbons
whiohthat are of pipeline quality and are gases at standard
temperature and pressure for the purpose of storage;
5)
Any dug hole whiohthat
is not used for emplacement of fluids
underground;
6)
Class
II wells.
78
c)
The prohibition applicable to Class
IV wells under Section
704.124
does not apply to injections of hazardous wastes
into aquifers or
portions thereof whiohthat have been exempted pursuant to 35 Ill.
Adm. Code 730.104.
(Board NotcBOARD NOTE:
SeeDerived from 40 CFB
122.31(d)144.1(~)(1) through
(cfl(3)
(1993).+
(Source:
Amended at
18 Ill. Beg.
________,
effective
_____________________
SUBPART B:
PROHIBITION~
Section 704.121
Prohibition of Unauthorized Injection
~Anv_underground
injection2, is prohibited except asinto a well authorized by
permit
or rule or except as authorized by a permit issued under this ~art
and
35
Ill. Adm. Code 7052, as applicable,
is prohibited.
The construction of any
well required to have a
permit
under this p~artis prohibited until the permit
has been issued.
(N0tcBOARD NOTE:
SeeDerived from 40 CFR 122.33144.11
(1993),
as amended at
58
Fed. Beo.
63895
(Dec.
3,
1993).
(Source:
Amended at 18 Ill.
Beg.
________,
effective
______________________
Section 704.123
Identification of USDW and Exempted Aquifers
a)
The Agency may identify (by narrative description,
illustrations,
maps or other means) and shall protect, except where exempted
under paragraphsubsection
(b) below,
as an underground source of
drinking water,
all aquifers or parts of aquifers whiohthat meet
the definition of an “underground source of drinking water”
in 35
Ill.
Adm. Code 702.110.
Even
if an aquifer has not been
specifically identified by the Agency,
it
is an underground source
of drinking water if
it meets the definition in 35
Ill.
Adm. Code
702.110.
Identification of USDWs
shall be by Agency criteria
pursuant to
35 Ill. Adm. Code 702.106.
b)
Identification of exempted aquifers:
fl.
This subsection corresponds with 40 CFR 144.7(b) (1),
a
provision relating to federal actions that the Board
repealed in R82—19, on July 26.
1983.
This statement
maintains
structural
consistency with federal regulations.
2)
No designation of an exempted aquifer shall be final until
approved by the Administrator as part of the State program.
3)
Subsequent to program approval,
the Board may, after notice
and opportunity for
a public hearing,
identify additional
exempted aquifers.
4)
Identification of exempted aquifers shall be by rulemaking
pursuant to 35 Ill. Adm. Code 702.105.
c)
For Class
III wells,
an applicant for a permit whichthat
necessitates an aquifer exemption under 35
Ill.
Adm. Code
730.104(b) (1)
shall furnish the data necessary to demonstrate that
the aquifer
is expected to be mineral or hydrocarbon producing.
Information contained in the mining plan for the proposed project,
such as map and general description of the mining zone,
general
79
information on the mineralogy and geochemistry of the mining zone,
analysis of the amenability of the mining zone to the proposed
mining method and a timetable of planned development of the mining
zone shall be considered by the Board in addition to the infor-
mation required by Section 704.161(c).
Approval of the exempted
aquifer shall be by rulemaking pursuant to 35
Ill.
Adm. Code
702.105.
Rules shall not become final until approved by the
Administrator as
a program revision.
(Board N0tcBOARD NOTE:
SeeDerived from 40 CFR 122.35144.7_(1993).
(Source:
Amended at 18
Ill.
Beg.
________,
effective
______________________
SUBPART C:
AUTHORIZATION OF UNDERGROUND INJECTION BY RULE
Section 704.141
Existing Class
I and
III Wells
a)
Injection into existing Class
I
and III wells
is authorized~
rule
if the owner or operator:
fl
Injected into the existing well within one year after March
3,
1984,
or
~
Inventories the well pursuant to the requirements of Section
704.148.
~j.
The owner or operator of
a well that
is authorized by rule
pursuant to this Section shall rework, operate,
maintain,
convert, plug,
abandon,
or inject into the well in
compliance with applicable regulations.
b)
Class III wells
in existing fields or projects.
Notwithstanding
the prohibition
in Section 704.121, this e~ectionauthorizes Class
III wells or projects in existing fields or projects to continue
normal operations until permitted,
including construction,
operation2, and plugging and abandonment of wells as part of the
operation provided the owner or operator maintains compliance with
all applicable requirements.
(Board NotcBOARD NOTE:
SeeDerived from 40 CFR l44.21j~Iand
144.21(bd)
(1993),
as renumbered and amended at
58 Fed.
Req.
63895
(Dec.
3.
1993).-)-
(Source:
Amended at
18 Ill. Beg.
,
effective
_____________________
Section 704.142
~
not into UEDW
‘Ronunborod)Prohibitiona on Injection into Wells Authorized
by Rule
An owner or operator of
a well authorized by rule ‘oursuant to this Subpart
is
prohibited from injecting into the well:
~j
Upon the effective date of an applicable ‘oermit denial
~J
Upon a failure to submit
a permit application
in a timely manner
pursuant to Section 704.147 or 704.161
~).
Upon
a failure to submit inventory information
in a timely manner
pursuant to Section 704.148
80
~
Upon
a failure to com’oly with a request for information in
a
timely manner pursuant to Section 704.149
~j
Upon a failure to ‘orovide alternative financial assurance pursuant
to Section 704.150(d) (6)
fl
48 hours after receipt of
a determination by the Aaencv pursuant
to Section 704.150(f)(3) that the well lacks mechanical integrity,
unless the Agency orders immediate cessation pursuant to Section
34 of the Act or as ordered by a court pursuant to Section 43 of
the Act
gj.
Upon receipt of notification from the Agency that the transferee
has not demonstrated financial assurance pursuant to Section
704.150(d);
or
~j
For Class
I and Class
III wells:
after March
3,
1989, unless
a
timely_and_complete
permit
application was pending the Agency’s
decision
fl
This subsection corresponds with 40 CFR 144.21(c)(9),
a
provision
related to Class
II injection wells,
which are regulated by the
Illinois Department of Mines and Minerals,
and not by the Board.
This statement maintains structural consistency with U.S. EPA
rules.
BOARD NOTE:
Derived
from 40 CFR 144.21(c),
as added
at
58 Fed.
Req.
63895
(Dec.
3,
1993).
(Source:
Former Section 704.142 renumbered to Section 702.145, New Section
added at 18 Ill. Beg.
_______,
effective
_____________________
Section 704.143
Expiration of Authorization
The authorization provided in Section 704.141 shall
expire upon the earliest
of the following:
a)
Upon
the effective date of b1~e~,
permit or pcrnhi
b)
c)
~isaued’oursuant
to any of Sections 704.147,
704.161(b)(1)2,
704.162.
or 704.163;—e*
,~
I
141.31(a)(1)
(1987)
-——-4
—,
~
for the inj
~horiLed by
If a permit application has not boon filed in a
timely
manner as
specified in Cootion 704.1?l(b)(1)After plugging and abandonment
in accordance with an approved plugging and abandonment plan
pursuant to Section 704.150(c)
and 35
Ill. Adm. Code 730.110, and
u’oon submission
of
a ‘olugging and abandonment report pursuant to
Section 704.150(k); or
BOARD NOTE,
Derived from 40
OFfi 14i.21(a)(2)
(1987).
If
the
parson
authoriiied by rule under Ccation 704.141 fails to
comply with Section 704.144
or
704.148; orUpon conversion in
com’oliance with Section 704.150(1).
BOARD NOTE:
Derived from 40 OFR 144.21(c)
and 144.26
(1987).
rule.
81
BOARD
NOTE:
Derived from 40 CFR 122.37(a)(l)(i)(Ol44.2l(b)
(19S4~93). as renumbered and amended at 58 Fed.
Req.
63895
(Dec.
3,
1993).
(Source:
Amended at
18
Ill. Reg.
________,
effective
______________________
Section 704.144
Requirements
~j
Any
person authorized by rule under Section 704.141 shall comply
with the applicable requirements of Section 704.148 and 35
Ill.
Adm. Code 730.
(Board N0tCBOARD NOTE:
SeeDerived from 40 CFR 144.21(e~) (19931,
as amended and renumbered
at
58 Fed.
Rep.
63895
(Dec.
3,
l993).+
An owner or operator of a facility authorized by rule shall comply
with any o’oerational conditions imposed by the Agency pursuant to
Section 704.150(f)(2)(B) or 704.194.
~J
The
imposition of operational
conditions bY the Agency under
subsection
(b)
above and Section 704.l5O(f)(2)(B1 or 704.194 does
not require the Aaencv to require
a permit pursuant to Section
704.147 and 704.Subparts D and
E.
(Source:
Amended at 18 Ill.
Beg.
________,
effective
______________________
Section 704.145
Existing Class
IV Wells
a)
Injection into Class
IV wells as defined in Section 704.106(d)(l)
is not authorized.
The owner or operator of any such well must
comply with Sections
704.124 and 704.203.
b)
Closure.
1)
Prior to abandoning any Class IV well, the owner or operator
shall plug or otherwise close the well in a manner
acceptable to the Agency.
2)
Within
60 d~yoafter
the
effcotivo date of thic Section~
September 27.
1986, the owner and operator of any Class
IV
well ohaliwas to have submit~ to the Agency a plan for
plugging or otherwise closing and abandoning the well.
3)
The owner or operator of a Class IV well
shall notify the
Agency of intent to abandon the well at least 30 days prior
to abandonment.
(Board N0tOBOARD NOTE:
SeeDerived from 40 CFB 144.23
(1993) .3-
(Source:
Amended at 18
Ill. Reg.
________,
effective
_____________________
Section 704.146
Class V Wells
~J.
Injection into Class V wells
is authorized by rule until
requirements under future regulations become applicable.
~j.
Duration of well authorization by rule.
Well authorization under
this Section ex’oires u’oon the effective date of a permit issued
pursuant to any of Sections 704.147,
704.161.
704.162, or 704.163
or upon proper closure of the well.
82
ci.
Prohibition of injection.
An owner or oPerator of
a well that
is
authorized by rule ‘oursuant to this Section is prohibited from
inlectina into the well:
1).
Upon
the effective date of an applicable permit denial
~
U’oon a failure to submit a permit application in a timely
manner pursuant to Section 704.147 or 704.161
,~J
Upon a failure to submit inventory information
in a timely
manner pursuant to Section 704.148;
or
4J
Upon a failure to com’olv with
a request for information in a
timely manner pursuant to Section 704.149.
(Board N0toBOARD NOTE:
SeeDerived from 40 CFR 122.37(a)(4)144.24
(1993), as
amended at
58 Fed. Req.
63896
(Dec.
3,
19931.-).
(Source:
Amended at 18
Ill. Beg.
________,
effective
______________________
Section 704.147
Requiring a Permit
a)
The Agency may require the owner or operator of any Class
I,
Class
III,
-I~—or
Class V injection well that is authorized by a-rule
under this Sub’oart to apply for and obtain an individual or area
UIC permit.
Cases where individual or area UIC permits may be
required include:
1)
The injection well is not in compliance with any requirement
of this e~ubpart;
(Board H0toBOARD NOTE:
Any underground injection ~hichthat
violates any rule under this Subpart
is subject to
appropriate enforcement
action.-)-
2)
The injection well is not or no longer is within the
category of wells and types of well operations authorized in
the rule;
3)
The protection of USDW5 requires that the injection
operation be regulated by requirements,
such as for
corrective action, monitoring and reporting, or operation,
which are not contained in this Subpart.
4)
When the injection well
is
a Class
I or Class III well,
in
accordance with a schedule established by the Agency
pursuant to Section 704.161(b).
b)
The Agency may require the owner or operator of any well that is
authorized by a—rule under this Sub’oart to apply for an individual
or area UIC permit under this subsection only if the owner or
operator has been notified in writing that a permit application
is
required.
The injection activitiec are no longorowner or operator
of a well that
is authorized by rule is
prohibited from inlectina
into the well:
fl~
~i*ponthe effective date of a permit or a permit denial, or
IL
~&pon the failure of the owner or operator to submit an
application in
a timely manner as specified in the notice.
~
The notice shall include~
83
~*
brief statement of the reasons for this decision;
~J
~an application form;
~
statement setting
a time for the owner or operator
to file the application; and
~
statement of the consequences of denial or issuance
of the permit,
or failure to submit an application,
as
described in this subsection.
c)
Any owner or operator of a well that is authorized by a-rule may
request to be excluded from the coverage of the rule by applying
for an individual or area UIC permit.
The owner or operator shall
submit an application under Section
704.161 with reasons
supporting the request, to the Agency.
The Agency may grant any
such request.
(Board N0teBOARD NOTE:
SeeDerived from 40 CFB 144.25,
as amended
at
58 Fed. Req.
63896
(Dec.
3,
1993).-)-
(Source:
Amended at
18
Ill. Beg.
________,
effective
______________________
Section 704.148
Inventory Requirements
M~The owner or operator of an injection welle that
is authorized by rule
under this Sub’oart
shall submit inventory information to the Agency.
Notwithstanding any other provision of this Section, any authorisatio:
e
granted undcr this Cection shall terminate
if the person so authoriEcu
-
rulcSuch an owner or operator
is prohibited from iniecting into the well upon
fail-s~to submit
inventory information for the well to the Agency within the
time specified in subsection
(ed)
or
(e)
below.
a)
Contents.
As part of the inventory,
the owner or operator shall
submit at least the following information:
1)
Facility name and location;
2)
Name and address of legal contact;
3)
Ownership of facility;
4)
Nature and type of injection wells; and
5)
Operating status of injection wells.
(Board N0teBOARD NOTE:
This information is requested on
national form “Inventory of Injection Wells,” 0MB No.
158—
ROl
70-)-.
b)
Additional contents.
The owner or operator of a well listed
in
subsection (b)(1) below shall provide the information listed
in
subsection
(b)(2) below.
1)
This Section applies to the following wells:
A)
Class IV wells;
B)
The following Class V wells:
i)
Sand or other backfill wells,
35
Ill. Adm. Code
730. 105 (e) (8)
84
ii)
Radioactive waste disposal wells,
35 Ill. Adm.
Code 730.105(e) (11);
iii)
Geothermal energy recovery wells,
35
Ill.
Adzn.
Code 730.105(e) (12);
iv)
Brine return flow wells,
35 Ill. Adm. Code
730. 105 (e) ( 14
)
;
v)
Wells used in experimental technologies,
35
Ill.
Adm. Code 730.105(e)(15);
vi)
Municipal and industrial disposal wells other
than Class
I;
and
vii)
Any other Class V wells at the discretion of the
Agency.
2)
The owner or operator of
a well
listed in subsection
(b)(l)
above shall provide
a listing of all wells owned or operated
setting forth the following information for each well.
(A
single description of wells at
a single facility with
substantially the same characteristics
is acceptable).
A)
Location of each well or project given by Township,
Range,
Section2, and Quarter—Section;
B)
Date of completion of each well;
C)
Identification and depth of the formation(s)
into
which each well
is injecting;
D)
Total depth of each well;
E)
Casing and cementing record,
tubing
size2, and depth of
packer;
F)
Nature of the injected fluids;
G)
Average and maximum injection pressure at the
wellhead;
H)
Average and maximum injection rate;
and
I)
Date of the last mechanical integrity tests,
if any.
c)
This subsection corresponds with 40 CFB 144.26(c),
a provision
relatin~to U.S. EPA notification to facilities upon authorization
of the state’s ‘oroaram.
This statement maintains structural
consistency with U.S. EPA rules.
~J.
Deadlines.
ExcePt
as provided
in subsection
(e) below:
fl.
The
oOwnere
or operatore of ~j~injection welle muotshall
submit inventory information no later than one year after
the authorication by ruleMarch
3, 1985.
The Agency need not
reauire
inventory information from any facility with
RCRA
interim status under 35 Ill. Adm.
Code
703.
21
The information need not be submitted
if
a complete
application is submitted within this timeone year of the
85
effective date of the U.S. EPA UIC
‘oroaram.
The
owner
or
~~rator
of
a Class IV well shall submit i~nventory
information
from
any facility with interim status under 35
fl~.
!~dm. Coda
703
is not roquirodno later than 60 days
after_the effective date of the U.S. EPA UIC program.
~j.
Deadlines for Class
V Wells.
3j.
The owner or o’oerator of
a Class V well
in which inlection
took Place within one year after the date of ap’oroval by
U.S. EPA of the Illinois UIC program, and who failed to
submit
inventory
information
for
the well within the time
specified in subsection
(d)
above may resume injection 90
dave after submittal of the inventory information to the
~aencv, unless the owner or operator receives notice from
the Aaencv that inlection may not resume or that
it may
resume
sooner.
ii.
The owner or o’oerator of a Class V well
in which inlection
started later than March 3,
1985,
shall submit inventory
information prior to May 2.
1995.
~J.
The owner or o~ratorof
a Class V well
in which inlection
started after May
2.
1994 shall submit inventory information
prior
to
starting injection.
4J
The owner or o~ratorof a Class V inlection well prohibited
from
inlectina for failure to submit inventory information
for the well within the time s’oecified in subsection
(e)(2)
orJe)(3) above may resume iniection 90 dave after submittal
of the inventory information to the Agency, unless the owner
or operator receives notice from the Aaencv that inlection
may not resume or that it may resume sooner.
(Board NotoBOARD NOTE:
Wells whiohthat were in existence as
of February lMarch
3,
1984, were required to submit
inventory
information by February lMarch
3,
1985.
Since all
wells other than Class V wells are now either prohibited or
required to file
permit
applications, the inventory
requirement will apply only to new Class V
wells.-)-
(Board N0tcBOABD NOTE:
SeeDerived from 40 CFR 144.26
(1993),
as
amended at
58 Fed. Req.
63896
(Dec.
3.
1993).-)-
(Source:
Amended at 18 Ill. Beg.
________,
effective
_____________________
Section 704.149
Requiring other Information
a)4-)-
In addition to the inventory requirements of Section 704.148,
the
Agency may require the owner or operator of any well authorized by
rule under this Subpart to submit
information
as
deemed necessary
by the Agency to determine whether a well may be endangering
an
underground source of drinking water in violation of Section
704.122.
~)
Such information requirements may include, but are not limited to:
M)
Performance of groundwater monitoring and the periodic
submission of reports of such monitoring-.-~
~2.)
An analysis of injected fluids,
including periodic
submission of such analyses;
and
86
9~)
A description of the geologic strata through and into which
injection
is taking place.
3-s)
Any request for information under this Section shall be made
in
writing,
and include a brief statement of the reasons for
requiring the information.
An owner or operator shall submit the
information within the time period(s) provided in the notice.
b)
Any
authoritation by rule under
......o Cubpart automat~
terminates for any
owner
or
——~--
--~--
fails to comply with a
request for information undo~
~u.u
euutj.on.
~j
An owner or operator of an injection well authorized by rule under
this Subpart
is prohibited from inlectina into the well upon
failure of the owner or operator to comply with
a request for
information within the time period specified by the Agency
pursuant to subsection
(c)
above.
An owner or operator of
a well
prohibited from inlection under this Section shall not resume
injection except under
a permit issued pursuant to any of Sections
704.147,
704.161,
704.162,
or 704.163.
(Board
NotcBOARD
NOTE:
SeeDerjved from 40 CFR 144.27
(1993),
as
amended at 58 Fed.
Req.
63896
(Dec.
3,
1993).-)-
(Source:
Amended at 18 Ill.
Beg.
________,
effective
______________________
Section 704.150
Requirements for Class
I and III Wells authorized by Rule
The following requirements apply to the owner or operator of
a Class
I or
Class III well authorized by rule under this Subpart,
as provided by Section
704.144.
a)
The owner or operator shall comply with all applicable
requirements of this Subpart and with Sections 704.121,
704.122,
704.124,
704.201,
704.202,
and 704.203.
Any noncompliance with
these requirements constitutes
a violation of the Act and the Safe
Drinking Water Act and is grounds for enforcement action, except
that the owner or operator need not comply with these requirements
to the extent and for the duration such noncompliance
is
authorized by an emergency permit under Section 704.163.
b)
Twenty—four hour reporting.
The owner or operator shall report
any noncompliance whiohthat may endanger health or the
environment, including:
1)
Any monitoring or other information whichthat indicates that
any contaminant may cause an endangerment to a USDW;—e*~
2)
Any noncompliance or malfunction of the injection system
whichthat may cause fluid migration into or between USDW’S-rj.
or
3)
Any information shall be provided orally within 24 hours
from the time the owner or operator becomes aware of the
circumstances.
A written submission shall also be provided
within five days of the time the owner or operator becomes
aware of the circumstances.
The written submission shall
contain a description of the noncompliance and ite
cauae-r~
the period of noncomp1iance-,-~including exact dates and
times,
and if the noncompliance has not been corrected, the
anticipated time it is expected to continue;
and steps taken
87
or planned to reduce,
eliminate2, and prevent recurrence of
the noncompliance.
c)
Plugging and abandonment plan.
1)
The owner or operator shall prepare, maintain2, and comply
with a plan for plugging and abandonment
of the wells or
project that meets the requirements of 35
Ill. Adm.
Code
730.110.
For purposes of this subsection, temporary
intermittent cessation of injection operations
is not
abandonment.
2)
Submission of plan.
A)
The owner or operator shall submit the plan on
any
forms prescribed by the Agency.
B)
The owner or operator shall submit any proposed
significant revision to the method of plugging
reflected in the plan no later than the notice of
plugging required by subsection
(i)
(i.e.,
45 days
prior to plugging unless shorter notice is approved).
C)
The plan shall include the following information:
i)
The nature and quantity and material to be used
in plugging;
ii)
The location and extent
(by depth)
of the plugs;
iii)
Any proposed test
or measurement to be made;
iv)
The amount,
size2, and location
(by depth) of
casing to be left in the well;
v)
The method and location where casing is to be
parted; and
vi)
The estimated cost of plugging the well.
D)
After a cessation of operations of two years the owner
or operator shall plug and abandon the well in
accordance with the plan unless the owner or operator:
i)
Provides notice to the Agency;
ii)
Describe actions or procedures,
satisfactory to
the Agency that the owner or operator will take
to ensure that the well will not endanger USDW’S
during the period of temporary abandonment.
These actions and procedures shall include
compliance with the technical requirements
applicable to active injection wells unless the
operator obtains a variance from the technical
requirements pursuant to
35 Ill. Adm. Code 104
and Title IX of the Environmental Protection
Act.
B)
The owner or operator of any well that has been
temporarily abandoned (ceased operations for more than
two years and has met the requirements of subsection
88
(c)(2)(D)(i) and (c)(2)(DI(ii))
shall notify the
Agency prior to resuming operation of the well.
d)
Financial responsibility.
1)
The owner or operator or transferor of
a Class
I or Class
III well is required to demonstrate and maintain financial
responsibility and resources to close,
plug2, and abandon the
underground injection operation
in
a manner acceptable to
the Agency.
The
owner
or operator shall ohow evidence of
ouch finanoial roaponoibility to tho Agency by the
uuJJmJ.uuLOfl
.~
a surety bond, or other adequate asouranoc
uuan
as a financial statement. until:
~j.
The well has been plugged and abandoned in accordance
with an approved plugging and abandonment elan
pursuant to subsection
(c) above and 35 Ill. Adm.
Code
730.110 and submission of
a plugqina and abandonment
report has been made pursuant to subsection
(k) below
~j
The well has been converted in compliance with the
requirements of subsection
(-1)
below; or
~j
The transferor has received notice from the Agency
that the transferee has demonstrated financial
responsibility for the well.
The owner or operator
shall show evidence
of such financial responsibility
to the Agency by the submission of
a surety bond or
other adequate assurance,
such as
a financial
statement.
2)
The owner or operator was to have submitted such evidence no
later than March
3,
1985.
Where the ownership or
operational control of the well was transferred later than
March
3.
1985,
the transferee shall submit such evidence no
later than the date specified
in the notice required
pursuant to subsection
(l)(2)
below.
~j
The Agency may require the owner or operator to submit a
revised demonstration of financial responsibility
if the
Agency has reason to believe that the original demonstration
is no longer adequate to cover the cost of closing,
plugging2, and abandoning the well.
~34)
The owner or operator of
a well injecting hazardous waste
shall comply with the financial responsibility requirements
of
704.Subpart G.
~j
An owner or operator must notify the Agency by certified
mail of the commencement of any voluntary or involuntary
proceeding under Title
11
(Bankruptcy)
of the United States
Code that names the owner or operator as debtor, within 10
business days after the commencement of the proceeding.
Any
party acting as guarantor
for the owner or operator for the
purpose of financial responsibility must so notify the
Agency if the guarantor is named as debtor in any such
proceeding.
~j
In the event of commencement of
a proceeding specified in
subsection
(du(5)
above,
an owner or operator that has
furnished a financial statement for the purpose
of
demonstrating financial responsibility under this Section
89
shall be deemed to be
in violation of this subsection until
an alternative financial assurance demonstration acceptable
to the Agency
is provided either by the owner or operator or
by
its trustee in bankruptcy,
receiver,
or other authorized
party.
All parties shall be prohibited from injecting into
the well until such alternative financial assurance is
provided.
~J
This subsection corresponds with 40 CFR 144.28(e), which pertains
exclusively to enhanced recovery and hydrocarbon storage wells
(Class II wells).
Those wells are regulated by the Illinois
Department of Mines and Minerals,
rather than by the Board and the
Agency.
This statement maintains structural consistency with U.S.
EPA rules.
eZ)
Operating requirements.
1)
No person shall cause or allow injection between the
outermost casing protecting underground sources of drinking
water and the well bore.
2)
Maintenance of mechanical integrity.
The owner or operator of
a Class
I or Class III
iniection well authorized by rule under this Subpart
shall establish and maintain mechanical integrity, as
defined in 35 Ill. Adm. Code 730.106,
until:
Jj.
The well
is properly pluqqed and abandoned in
accordance with an approved plugging and
abandonment plan pursuant to subsection
(c)
above and 35
Ill.
Adm. Code 730.110 and a
~luaaina and abandonment report
is submitted
pursuant to subsection
(k)
below, or
jjj.
The well
is converted in compliance with
subsection H)
below.
The Agency may require by written notice that the
owner or operator comply with
a schedule describing
when mechanical
integrity demonstrations shall be
made.
BOARD NOTE:
The issuance of
a written notice pursuant
to this subsection is
an Agency action pursuant to
Section 39 of the Act.
As such,
it is appealable
pursuant to Coction 40 of the Act.
~1
Cessation upon Lack of Mechanical Inte~ritv.
~j
When the Agency determines that a Class
I
(non—
hazardous) or Class III injection well lacks
mechanical integrity pursuant to 35 Ill.
Adm. Code
730.108, the Agency shall give written notice of its
determination to the owner or operator.
~J
Unless the Agency requires immediate cessation,
the
owner or operator shall cease injection into the well
within 48 hours of receipt of the Agency’s
determination.
~J.
90
~j
The Agency may allow plugging of the well in
accordance with the requirements of
35
Ill.
Adxn. Code
730.110,
or require the owner or operator to perform
such additional construction,
operation,
monitoring,
reporting,
and corrective action as
is
necessary to
prevent the movement of fluid into or between USDW5
caused by the lack of mechanical
integrity.
P.).
The owner or operator may resume inlection upon
receipt of written notification from the Agency that
the owner or operator has demonstrated mechanical
integrity pursuant to
35
Ill.
Adm. Code 730.108.
4.).
The Agency may allow the owner or operator of
a well that
lacks mechanical integrity pursuant to
35
Ill.
Adm.
Code
730.108(a) (1)
to continue or resume injection if the owner
or operator has made a satisfactory demonstration that there
is no movement of fluid into or between USDWs.
~j
For Class
I wells,
unless an alternative to a packer has
been approved under 35
Ill. Adm. Code 730.112(c),
the owner
or operator shall fill
the annulus between the tubing and
the long string of casings with a fluid approved by the
Agency and maintain
a pressure,
also approved by the Agency,
on the annulus.
The owner or operator of
a Class
I well
completed with tubing and packer shall fill the annulus
between tubing and casing with a non—corrosive fluid and
maintain
a positive pressure on the annulus.
For other
Class
I wells,
the owner or operator shall insure that the
alternative completion method will reliably provide a
comparable level of protection of underground sources of
drinking water.
~-~)
Injection pressure for Class
I and III wells÷2,
A)
Except during stimulation, the owner or operator shall
not exceed an injection pressure at the wellhead
whiohthat shall be calculated so as to assure that the
pressure during injection does not initiate new
fractures or propagate existing fractures in the
injection zone;
and
B)
The owner or operator shall not inject at a pressure
whiohthat will initiate fractures in the confining
zone or cause the movement of injection or formation
fluids into an underground source of drinking water.
-fg)
Monitoring Requirements.
The owner or operator shall perform the
monitoring as described in this subsection.
Monitoring of the
nature of the injected fluids must comply with applicable
analytical methods cited
in Table
I of 40 CFR 136.3
(l9S-&~.a) or in
Appendix III of 40 CFR 261 (l9&&~), or with other methods
whichthat have been approved by the Agency.
1)
The owner or operator of
a Class
I well shall:
A)
Analyze the nature of the injected fluids with
sufficient frequency to yield data representative of
their characteristics;
B)
Install and use continuous recording devices to
monitor injection pressure,
flow rate and volume2, and
91
2)
the pressure on the annulus between the tubing and the
long string of casing;
C)
Install and use monitoring wells within the area of
review,
if required by the Agency, to monitor any
migration of fluids into and pressure in the
underground sources of drinking water.
The type,
number2, and location of the wellsT~the parameters to
be measured~and the frequency of monitoring must be
approved by the Agency.
This subsection corresponds with 40 CFR 144.28(q) (2),
a
provision related to Class
II injection wells,
which are
regulated by the Illinois Department of Mines and Minerals,
and not by the Board.
This statement maintains structural
consistency with U.S. EPA rules.
The owner or operator of a Class III injection well shall:
A)
For Class
III wells the owner or operator shall
p~rovideto the Agency a qualitative analysis and
ranges in concentrations of all constituents of
injected fluids at least once within the first year of
authorization and thereafter whenever the injection
fluid
is modified to the extent that the initial data
are incorrect or incomplete.
fl
The owner or operator may request
confidentiality pursuant to Section~7 and 7.1
of the
Act-,- and 35
Ill. Adm. Code
120.
jjj
If the information
is proprietary the owner or
operator may in lieu of the ranges in
concentrations choose to submit maximum
concentrations whiohthat shall not be exceeded.
iii)
In such a case the owner or operator shall
retain records of the undisclosed concentration
and provide them upon request to the Agency as
part of any enforcement investigation; and
B)
Monitor injection pressure and either flow rate or
volume semi—monthly, or meter and record daily
injected and produced fluid volumes as appropriate;
C)
Monitor the fluid
level in the injection zone semi-
monthly, where appropriate; and
D)
All Class III wells may be monitored on a field or
project basis rather than an individual well basis by
manifold monitoring.
Manifold monitoring may be used
in cases of facilities
consisting of more than one
injection well, operating with
a common manifold.
Separate monitoring syatema for each well are not
required provided the owner or operator demonstrates
to the Agency that manifold monitoring is comparable
to individual well monitoring.
g~)
Reporting requirements.
The owner or operator shall submit
reports to the Agency as follows:
1)
For Class
I wells, quarterly reports on:
92
A)
The physical, chemical2, and other relevant
characteristics of the injection fluids;
B)
Monthly average, maximum and minimum values
for
injection pressure,
flow rate and volume, and annular
pressure;
C)
The results from groundwater monitoring wells
prescribed in subsection
(f)(1)(C);
D)
The results of any test of the injection well
conducted by the owner or operator during the reported
quarter if required by the Agency;
and
E)
Any well work over performed during the reported
quarter.
2)
This subsection corresponds with 40 CFR 144.28(h) (2),
p
provision related to Class II
injection wells, which are
regulated by the Illinois Department of Mines and Minerals,
and not by the Board.
This statement maintains structural
consistency with U.S. EPA rules.
~j
For Class III
wells-s-:
A)
Quarterly reporting on all monitoring,
as required in
subsections
(f)(2)(A),
(f)(2)(B)2, and (f)(2)(C);
B)
Quarterly reporting of the results of any periodic
tests required by the Agency that are performed during
the reported quarter;
C)
Monitoring may be reported on a project or field basis
rather than an individual well basis where manifold
monitoring is used.
h~)
Retention of records.
The owner or operator shall retain records
of all monitoring information,
including the following:
1)
Calibration and maintenance records and all original strip
chart recordings for continuous monitoring instrumentation,
and copie8 of all reports required by this section,
for a
period of at least three years from the date of the sample,
measurement or report.
This period may be extended by
request of the Agency at any time; and
2)
The nature and composition of all injected fluids until
three years after the completion of any plugging and
abandonment procedures specified under Section 704.188.
The
owner or operator shall retain the records after the three
year retention period unless
it delivers the records to the
Agency or obtains written approval from the Agency to
discard the records.
~)
Notice of abandonment.
The owner or operator shall notify the
Agency at
least 45 days before conversion or abandonment of the
well.
~-~c) Plugging and abandonment report.
Within 60 days after plugging
a
well or at the time of the next quarterly report
(whichever
is
less) the owner or operator shall submit
a report to the Agency.
If the quarterly report is due less than 15 days before completion
93
of plugging, then the report shall be submitted within 60 days.
The report shall be certified as accurate by the person who
performed
the plugging operation.
Such report shall consist of
either:
1)
A statement that the well was plugged
in accordance with the
plan previously submitted to the Agency~or
2)
Where actual plugging differed from the plan previously
submitted,
an updated version of the plan, on any form
supplied by the Agency,
specifying the different procedures
used.
3t1)
Change of ownership.
fl.
The owner or oporatortranaferor of
a Class
I or Class
III
well authorized by rule shall notify the Agency of
a
transfer of ownership or operational control of the well
withinat least 30 days in advance of cuohthe proposed
transfer.
2.).
The notice shall include a written agreement between the
transferor and the transferee containing a specific date for
transfer of ownership or operational control
of
the well;
and a specific date when the financial responsibility
demonstration of subsection
(d)
above will be met by the
transferee.
fl
The transferee is authorized to inject unless it receives
notification from the Agency that the transferee has not
demonstrated financial res~onsibilitvpursuant to subsection
Id)
above.
-km)
Requirements ~
Class
I Hazardous Waste Wells.
The owner or
operator of any Class
I well injecting hazardous waste shall
comply with Section 704.203.
In addition the owner or operator
shall properly dispose of,
or decontaminate by removing all
hazardous waste residues,
all injection well equipment.
(Board N0toBOARD NOTE:
SeeDerived from 40 CFR 144.28
(1993),
as
amended at 58 Fed.
Rep.
63897 (Dec.
3,
1993).-)-
(Source:
Amended at
18
Ill.
Beg.
_______,
effective
____________________
SUBPART
D:
APPLICATION
FOR
PERMIT
Section 704.161
Application for Permit; Authorization by Permit
a)
Permit application.
Except
for owners or oporatoroUnless an
underaround injection well
is authorized by rule under 704.Sub~art
~,
all underground injection activities,
including construction of
an injection well,
are prohibited unicocuntil the owner or
operator is authorized by permit.
reroonoAn owner or oPerator of
a well currently authorized by rule must otill apply for
a permit
as specified
in subsection
(b)under this Section unless the well
authorization was for a Class V well under Ccotipn 704.l46the
life
of the well or project.
Rules authorieing wall injections
Authorization by rule for a well or project for which ~permit
applications
ha~e~
been submitted shall lapoeterminates for a
particular~gwell injection or project upon the effective date of
the permit or
permit
denial
for that well
injection or pro~e-ct.
94
Procedures for application2, issuance2, and administration of
emergency permits are found exclusively in Section 704.163.
A
RCRA permit applying the standards of
35 Ill.
Adrn.
Code
724.Subpart ~Q will constitute a UIC permit for hazardous waste
injection wells for which the technical
standards in 35
Ill.
Adm.
Code 7~4~.Q
are not generally appropriate.
BOARD NOTE:
Derived from 40 CFR 144.31(a) (19~~~),
as amended at
5~ Fed.
Beg.
46963,63897
jDeccmbcr2, 443, 19&~fl..
b)
Time to apply.
Any person who performs or proposes an underground
injection for which
a permit is or will be required shall submit
an application to the Agency as follows:
1)
For existing wells:
A)
Within 180 days after the Agency notifies such person
that an application is required; or
B)
If the waste being injected into the well is a
hazardous waste accompanied by a manifest or delivery
document,
by August
1,
1984; or
C)
Except as otherwise provided in subsections
(b)(1)(A)
and
(b)(1)(B), by February lMarch
3,
1986.
2)
For new injection wells, except new wells
in projects
authorized under Section 704.141j~.).or covered by an
existing area permit under Section 704.162(c),
a reasonable
time before construction
is expected to begin.
BOARD NOTE:
Derived from 40 CFR 144.31(c)
(198~93),as
amended at 58 Fed. Req.
63898
(Dec.
3, 1993).
C)
Contents of UIC application.
The applicant shall demonstrate that
the underground injection will not endanger drinking water
sources.
The form and content of the UIC permit application may
be prescribed by the Agency including the materials required by 35
Ill. Adm. Code 702.123.
d)
Information requirements for Class
I hazardous waste injection
wells.
1)
The following information is required for each active Class
I hazardous waste injection well at
a facility seeking a UIC
permit:
A)
Dates well was operated.
B)
Specification of all wastes whichthat have been
injected into the well,
if available.
2)
The owner or operator of any facility containing one or more
active hazardous waste injection wells must submit all
available information pertaining to any release of hazardous
waste or constituents from any active hazardous waste
injection well at the facility.
3)
The owner or operator of any facility containing one or more
active Class
I hazardoua waste injection wells must conduct
such preliminary site investigations as are necessary to
95
determine whether a release is occurring, has occurred2, or
is likely to have occurred.
BOARD NOTE:
Derived from 40 CFB 144.31(g) (196~-~).
e)
In addition to the materials required by 35
Ill.
Adin.
Code
702. 123-,-j.
fl
~he
applicant shall identify and submit on
a list with the
permit application the names and addresses for all owners of
record of land within one—quarter mile
(401 meters) of the
facility boundary.
This requirement may be waived by the
Agency where the site is located in
a populous area such
that the requirement would be impracticable.
21
The applicant shall submit
a plugging and abandonment plan
that meets the requirements of 35
Ill.
Adm. Code 730.110.
BOARD NOTE:
Derived from 40 CFR 144.31(e) (9)
and
(e)(10)
(198893),
as amended at 58 Fed.
Req.
63898
(Dec.
3,
1993).
(Source:
Amended at
18
Ill.
Reg.
________,
effective
______________________
Section 704.162
Area Permits
a)
The Agency may issue a
permit
on an area basis,
rather than for
each well
individually, provided that the permit
is for injection
wells:
1)
Described and identified by location
in permit
application(s),
if they are existing wells, except that the
Agency may accept
a single description of wells with
substantially the
same
characteristics; and
2)
Within the same well field,
facility
site, reservoir,
project2, or similar unit in the
same
State; and
3)
Operated by a single owner or operator;
and
4)
Used to inject other than hazardous waste.
b)
Area permits shall specify:
1)
The area within which underground injections are authorized,
and
2)
The requirements for construction, monitoring,
reporting,
operation,
and abandonment-, for
all wells authorized by the
permit.
c)
The area permit may authorize the permittee to construct and
operate,
convert2, or plug and abandon new injection wells within
the permit area provided:
1)
The permittee notifies the Agency at such time as the permit
requireawj
2)
The additional well satisfies the criteria in paragraph
subsection
(a)
above and meets the requirements specified in
the permit under paragraphsubsection
(b) above
and
96
3)
The cumulative effects of drilling and operation of
additional injection wells are considered by the Agency
during evaluation of the area permit application and are
acceptable to the Agency.
d)
If the Agency determines that any well constructed pursuant to
paragraphsubsection
(c)
above does not satisfy any of the
requirements of paragraphsubsections
(c)(1) and (c)(2)
above, the
Agency may modify the permit under 35 Ill.
Adrn.
Code 702.183
through 702.185, e*—seek revocation under 35 Ill.
Adm. Code
702.186,
or take enforcement action.
If the Agency determines
that cumulative effects are unacceptable, the permit may be
modified under 35
Ill. Adm. Code 702.183 through 702.185.
(Board N0teBOARD NOTE:
SeeDerived from 40 CFR 122.39144.33
(1993)
.).
(Source:
Amended at 18
Ill. Beg.
________,
effective
______________________
Section 704.164
Signatories to Permit Applications
For purposes of 35
Ill. Adm. Co~ie702.126(a) (1),
a responsible corporate
off jeer means
a principal executive officer of at least the level of vice—
pros
idont.
(Board N0teBOARD NOTE:
See 35
Ill. Adm.
Code
702.1264G
(Source:
Amended at 18
Ill. Beg.
________,
effective
—
SUBPART E:
PERMIT CONDITIONS
Section 704.181
Additional Conditions
The following conditions
in addition to those set forth in 35
Ill.
Adin.
Code
702.140 through 702.152 apply to all UIC permits and shall be incorporated
into all permits either expressly or by reference.
If incorporated by
reference,
a specific citation to these regulations must be given in the
permit.
a)
In addition to
35 Ill.
Adxn.
Code 702.141
(duty to comply):
the
permittee need not comply with the provisions of this permit to
the extent and for the duration such noncompliance
is authorized
in a temporary emergency permit under Section 704.163.
BOARD NOTE:
Derived
from 40 CFB 144.51(a) (1988~).
b)
In addition to 35
Ill. Adm.
Code 702.150(b)
(monitoring
and
records):
the permittee shall retain records concerning the
nature and composition of all injected fluids until three years
after the completion of any plugging and abandonment procedures
specified under Section 704.188 or under 35
Ill. Adm. Code
730.Subpart G,
as appropriate.
The owner or operator shall
continue to
retain the records after the three year retention
period unless the owner or operator delivers the records to the
Agency or obtains written approval from the Agency to discard the
records.
BOARD NOTE:
Derived from 40 CFR 144.51(j)(2)(ii)
(198821),
as
amended at S3 Fad.
Rag.
28147,
July 2?,
1988.
97
c)
In addition to 35
Ill. Adm.
Code 702.152(a)
(notice of planned
changes):
except
for all new wells authorized by an area permit
under Section 704.162(c),
a new injection well may not commence
injection until construction is complete,
and
1)
The permittee has submitted notice of completion of
construction to the Agency; and
2)
Inspection Review
A)
The Agency has inspected or otherwise reviewed the new
injection well and finds
it is in compliance with the
conditions of the permit; or
B)
The permittee has not received notice from the Agency
of its intent to inspect or otherwise review the new
injection well within 13 days of the date of the
notice in subsection (c)(1),
in which case prior
inspection or review is waived2, and the permittee may
commence injection.
The Agency shall include in
its
notice
a reasonable time period in which it will
inspect the well.
BOARD NOTE:
Derived from 40 CFR 144.51(m)
(198821).
d)
Reporting Noncompliance
1)
Twenty—four hour reporting.
The permittee shall report any
noncompliance whiahthat may endanger health or the
environment,
including:
A)
Any monitoring or other information whiohthat
indicates that any contaminant may cause an
endangerment to a USDW.
B)
Any noncompliance with a permit condition or
malfunction of the injection system whichthat may
cause fluid migration into or between USDWs.
2)
Any information shall be provided orally within 24 hours
from the time the permittee becomes aware of the
circumstances.
A written submission shall also be provided
within
5 days of the time the permittee becomes aware of the
circumstances.
The written submission shall contain a
description of the noncompliance and its
cause-,-j. the period
of noncompliance,
including exact dates2, and times2, and,
if
the noncompliance has not been corrected,
the anticipated
time is expected to continue; and steps taken or planned to
reduce,
eliminate2, and prevent reoccurrence of the
noncompliance of the noncompliance.
BOARD NOTE:
Derived from 40 CFR 144.51(l)(6)
(198893).
e)
The permittee shall notify the Agency at such times as the permit
requires before conversion or abandonment of the well or,
in the
case of area permits, before closure of the project.
BOARD
NOTE:
Derived from 40 CFR 144.51(n)
(198893).
f)
A Class
I or Class
III permit shall include, and a Class V permit
may include, conditions that meet the applicable requirements of
35
Ill. Adm. Code 730.110 to insure that plugging and abandonment
98
of the well will not allow the movement of fluids into or between
USDW5.
Where the Plan meets the requirements of
35
Ill.
Adin. Code
730.110, the Agency shall incorporate
it into the permit
as
a
permit condition.
Where the Agency’s review of an application
indicates that the ~ermittee’s plan
is inadequate, the Agency may
require the a~olicantto revise the plan,
prescribe conditions
meeting the requirements of this subsection,
or deny the permit.
For Purposes of this subsection, temporary or intermittent
cessation of injection operations
is not abandonment.
BOARD NOTE:
Derived from 40 CFR 144.51(o), as added at 58 Fed.
Rep.
63898
(Dec.
3,
1993).
gj.
Plugging and abandonment report.
Within 60 days after plugging
a
well or
at the time of the next quarterly report
(whichever is
less) the owner or operator shall submit
a report to the Agency.
If the quarterly report
is due less than 15 days before completion.
of plugging,
then the report shall be submitted within 60 days.
The report shall be certified as accurate by the person who
performed the
plugging
operation.
Such
report
shall
consist
of
either:
1)
A statement that the well was plugged in accordance with the
plan previously submitted to the Agency;
2)
Where actual plugging differed from the plan previously
submitted,
an updated version of the plan on the form
supplied by the Agency Bpecifying the differences.
BOARD NOTE:
Derived from 40 CFR 144.5l(eQ)
(198893),
as
renumbered
at
58 Fed. Req.
63898
(Dec.
3, 1993).
Mee
~ey
hi.
BOArLD
NOTEe
Derived
from 40
OFI1 l44.5l(p)
(198B).
Duty to establish and maintain mechanical
integrity.
fl
The owner or operator of
a Class
I or Class III well
permitted under this Part and 35 Ill.
Adxn.
Code 702 shall
establish prior to commencing injection or on
a schedule
determined by the Agency.
and thereafter mechanical
integrity,
as defined in
35 Ill. Adm. Code 730.108.
The
Agency may require by permit condition that the owner or
operator comply with a schedule describinq when mechanical
integrity demonstrations must be made.
21
When the Agency determines that
a Class
I or Class III well
lacks mechanical integrity Pursuant to 35 Ill. Adm. Code
730.108,
it shall give written notice of its determination
to the owner or operator.
Unless the Agency requires
immediate cessation, the owner or operator shall cease
iniection into the well within 48 hours of receipt of the
Agency determination.
The Agency may allow ~luaaina of the
well pursuant to the requirements
of 35 Ill. Adm. Code
730.110 or require the permittee to perform such additional
construction.
operation, monitoring.
reportina,
and
corrective action as
is necessary to prevent the movement of
fluid into or between USDWs caused by the lack of mechanical
integrity.
The owner or operator may resume injection upon
99
written notification from the Agency that the owner or
oPerator has demonstrated mechanical
integrity pursuant to
35 Ill. Adm. Code 730.108.
11
The Agency may allow the owner or operator of
a well that
lacks mechanical integrity pursuant to 35 Ill. Adm. Code
730.1O8~a)(11 to continue or resume injection,
if the owner
or oPerator has made
p satisfactory demonstration that there
is no movement of fluid into or between USDWs.
BOARD NOTE:
Derived from 40 CFR 144.51(g),
as added at
58
Fed. Req.
63898
(Dec.
3,
1993).
(Source:
Amended at
18
Ill. Beg.
________,
effective
______________________
Section 704.182
Establishing UIC Permit Conditions
In addition to the conditions established under
35 Ill. Adm. Code
702.160-f-a-)-
and Section 704.181, each UIC permit shall include conditions meeting the
requirements
of
the following sections, when applicable.
(N0teBOARD
NOTE:
SeeDerived
from 40 CFR 122.42144.52(a~preamble
(1993).-)-
(Source:
Amended at
18
Ill.
Beg.
________,
effective
______________________
Section 704.183
Construction Requirements
Existing wells shall achieve compliance with construction requirements
as set
forth in 35 Ill. Adm. Code 730 according to a compliance schedule established
as
a permit condition.
The owner or operator of
a proposed new injection well
shall submit plans for testing, drilling,
and construction as part of the
permit application.
Except as authorized by an area permit, no construction
may commence until a permit has been issued containing construction
requirements
(see Sec-r-tion 704.121).
New wells shall be in compliance with
these requirements prior to commencing injection operations.
Changes in
construction plans during construction may be approved by the Agency as minor
modifications~ (See 35
Ill.
Adrn.
Code 702.187-)-.1
No such changes may be
physically incorporated into construction of the well prior to approval of the
modification by the Agency.
(N0tcBOARD NOTE:
SeeDerived from 40 CFR 122.42(a)3.44.52(a)(1)
(1993).-)-
(Source:
Amended at 18
Ill.
Beg.
_______,
effective
____________________
Section 704.184
Corrective Action
LJIC
permits
shall require by condition corrective action as set forth in
Sec-,--tion 704.193 and 35 Ill. Adm. Code 730.107.
(NotcBOARD NOTE:
SeeDerived from 40 CFR 122.42(b)144.52(a)(2)
(1993).-)--
(Source:
Amended at 18
Ill.
Beg.
________,
effective
_____________________
Section 704.185
Operation Requirements.
The permit shall establish any maximum injection volumes and74e* pressures
necessary to assure that fractures are not initiated in the confining zone,
that injected fluids do not migrate
into any underground source of drinking
water,
that formation fluids are not displaced into any underground source of
drinking water,
and to assure compliance with the 35 Ill. Adm. Code 730
operating requirements.
100
(N0tcBOABD
NOTE:
‘SeeDerived from 40 CFR 122.21(o)144.52(a)(3)_(1993).-)-
(Source:
Amended at 18
Ill. Beg.
________,
effective
_____________________
Section 704.186
Hazardous Waste Requirements
UIC permits shall require by condition requirements for wells managing
hazardous waste,
as set forth in 704.Subpart
F.
(N0tcBOARD NOTE:
‘SeeDerived
from 40 CFR 122.42(d)144.52(a)(4)_(1993).-)-
(Source:
Amended at
18
Ill. Beg.
,
effective
_____________________
Section 704.189
Financial Responsibility
a)
The permit for any well whioh does not inject hasardouc waste
shall require the permittee, including the transferor of
a permit,
is required to demonstrate and maintain financial responsibility
and resources to close,
plug2, and abandon the underground
injection operation in a manner prescribed by the Agency~-until:
fl
The well has been plugged and abandoned in accordance with
an approved plugging and abandonment plan pursuant to
Section 704.181(f) and
35
Ill. Adm. Code 730.110,
and
submitted a plugging and abandonment report pursuant to
Section 704.181(g)
21
The well has been converted in compliance with the
requirements of 704.181(e); or
~j.
The transferor of
a permit has received notice from the
Agency that the owner or operator receiving transfer of the
permit
(the new permittee)
has demonstrated financial
responsibility for the well.
~
The permittee must show evidence of financial responsibility to
the Agency by the submission of a surety
bond-,- or other adequate
assurance,
such as financial statements or other materials
acceptable to the Agency.
The Agency may on a periodic basis
require the holder of a life-time permit to submit an estimate of
the resources needed to plug and abandon the well revised to
reflect inflation of such costs, and a revised demonstration of
financial responsibility if necessary.
Whore appropriate, the
Agency may require a performance bond with the following.
1)
A corporate
0*
surety ouch as an insurance or bonding oompanyi
2)
Individual
corporation
sureties,
such as officers or stockholders of
a
requesting
a
pcrmit~
or
awful security, inoluding real estate, personal
3)
Any other
1
proeer~”- markctable securities or certificates of depopi’-
—-7,
~)
The owner or operator of a well injecting hazardous waste must
comply with the financial responsibility requirements of
704.Subpart G.
(Board NotoBOARD NOTE:
SeeDerjved from 40 CFR 144.52(a)(7)
(1993),
as amended at
58 Fed.
Beg.
63898
(Dec.
3,
1993).-)-
(Source:
Amended at
18 Ill. Reg.
________
effective
)
101
Section 704.190
Mechanical Integrity
A permit for any Class
I or Class III well or injection project whiohthat
lacks mechanical integrity shall include, aed9~for any Class V well may
include,
a condition prohibiting injection operations until the permittee
shows to the BatiBfaCtion of the Agency under 35
Ill.
Adm. Code 730.108 that
the well has mechanical integrity.
(N0tcBOARD NOTE:
SeeDerived from 40 CFR 122.42(h)144.52(a)(8)
(1993).-)-
(Source:
Amended at
18
Ill. Beg.
________,
effective
_____________________
Section 704.191
Additional Conditions
The Agency shall impose on a case—by—case basis such additional conditions as
are necessary to prevent the migration of fluids into underground sources of
drinking water.
(NotoBOARD NOTE:
SeeDerived from 40 CFR 122.42(i)144.52(a)(9)
(1993).-)-
(Source:
Amended at 18 Ill. Beg.
________,
effective
_____________________
Section 704.192
Waiver of Requirements by Agency
a)
When injection does not occur into,
through2, or above an
underground source of drinking water,
the Agency may authorize a
well or project with less stringent requirements for area of
review,
construction, mechanical integrity, operation,
monitoring,
and reporting than required in 35
Ill. Adm. Code 730 or Sec,-tions
704.182 through 704.191 to the extent that the reduction
requirements will not result in an increased risk of movement of
fluids into an underground source of drinking water.
b)
When injection occurs through or above an underground source of
drinking water, but the radius of endangering influence when
computed under 35 Ill.
Adm. Code 730.106(a)
is smaller or equal to
the radius of the well, the Agency may authorize a well or project
with less stringent requirements for operation, monitoring,
and
reporting than required in 35 Ill.
Adin.
Code 730 or Sections-.-
704.182 through 704.191 to the extent that the reduction in
requirements will not result in an increased risk of movement of
fluids into an underground source of drinking water.
c)
When reducing requirements under paragrapheubsection
(a) or
(b)
above, the Agency shall prepare
a fact sheet under 35 Ill.
Adm.
Code 705.143 explaining the reasons for the action.
(NotCBOARD NOTE:
SeeDerived from 40 CFR 122.43144.16_(1993).-).
(Source:
Amended at
18
Ill. Reg.
________,
effective
_____________________)
Section 704.193
Corrective Action
a)
Coverage.
Applicants for Class I or Class III injection well
permits shall identify the location of all known wells within the
injection well’s area of review whiohthat penetrate the injection
zone.
For such wells whiohthat are improperly sealed,
completed,
or abandoned, the applicant shall also submit
a plan consisting of
such steps or modifications as are necessary to prevent movement
of fluid into underground sources of drinking water (“corrective
action”).
Where the plan is
adequate, the Agency shall
incorporate
it into the permit as a condition.
Where the Agency’s
102
review of an application indicates that the permittee’s plan
is
inadequate
(based on the factors in 35
Ill.
Adxn.
Code 730.107),
the Agency shall require the applicant to revise the plan,
prescribe a plan for corrective action as a condition of the
permit under paragraphsubsection
(b)
below,
or deny the
application.
b)
Bequirements
1)
Existing Injection Wells.
Any permit issued for an existing
injection well requiring corrective action shall include
a
compliance schedule requiring any corrective action accepted
or prescribed under paragraphsubsection
(a)
above to be
completed as soon as possible.
2)
New injection wells.
No permit for a new injection well may
authorize injection until all required corrective action has
been taken.
3)
Injection pressure limitation.
The Agency may require as a
permit condition that injection pressure in the injection
zone does not exceed hydrostatic pressure at the site of any
improperly completed or abandoned well within the area of
review.
This pressure limitation shall satisfy the
corrective action requirement.
Alternatively,
such
injection pressure limitation can be part of
a compliance
schedule an last until all other required corrective action
has been taken.
4)
Class III wells only.
When setting corrective action
requirements the Agency shall consider the overall effect of
the project on the hydraulic gradient
in potentially
affected USDWs-,- and the corresponding changes in
potentiometric surface(s) and flow direction(s) rather than
the discrete effect of each well.
If
a decision
is made
that corrective action is not necessary based on the
determinations above, the monitoring program required in 35
Ill. Adm. Code 730.133(b)
shall be designed to verify the
validity of such determinations.
(N0tOBOABD NOTE:
‘SeeDerived from 40 CFR 122.44144.55
(1993)
.-)-
(Source:
Amended at 18 Ill. Beg.
________,
effective
_____________________
Section 704.194
Maintenance and Submission of Records
~j.
The Agency may require as a condition to any UIC permit,
or may
require by written notice to the owner or operator of a facility
authorized by rule, that the owner or operator of the injection
well shall establish and maintain such records, make such reports,
conduct such monitoring,
and provide
such other information as the
Agency deems necessary to determine whether the owner or operator
has acted or
is acting in compliance with the Act and Board
requlations.
~
Agency action under this Section
is not subject to the limitations
to_permit_modification
for cause set
forth in Section 704.261.
However, any permit modifications not wholly based on this Section
shall be sublect to the limitations of Section 704.261.
103
BOARD
NOTE:
Derived from 40 CFR 144.17,
as added at 58 Fed.
Beg.
63895
(Dec.
3,
1993).
An Agency written notice to the owner or
operator of
a facility authorized by rule is an Agency action
pursuant to Section 39 of the Act.
As such,
it
is appealable
pursuant to Section 40 of the Act.
(Source:
Added at
18
Ill.
Beg.
________,
effective
_____________________
SUBPART F:
REQUIREMENTS FOR WELLS INJECTING HAZARDOUS WASTE
Section 704.203
Requirements
In addition to requiring compliance with the applicable requirements of this
Part-,- and 35
Ill. Adm. Code
730, the owner or operator of any facility
described in Section 704.202 shall comply with the following:
a)
Notification.
The owner or operator shall comply with the
notification requirements of Section 3010 of the Resource
Conservation and Recovery Act
(42 U.S.C.
6901 et seq.)~
b)
Identification number.
The owner or operator shall comply with
the requirements of
35
Ill.
Adm. Code 724.111 and 40 CFR 264.11
(198-821).
c)
Manifest system.
The owner or operator
shall comply with the
applicable recordkeeping and reporting requirements for manifested
wastes
in 35
Ill. Adm. Code 724.171 and 40 CFR 264.71
(1985-21).
d)
Manifest discrepancies.
The owner or operator shall comply with
35
Ill.
Adm. Code 724.172 and 40 CFR 264.72
(198592).
e)
Operating record.
The owner or operator shall comply with 35
Ill.
Adm. Code 724.173(a),
(b)(l), and (b)(2) and 40 CFR 264.73(a),
(b)(1) and (b)(2)
(198892),
as amended at 57 Fed.
Req. 3487
(Jan.
29,
1992).
f)
Annual report.
The owner or operator
shall comply with
35
Ill.
Adin.
Code 724.175 and 40 CFR 264.75 (198892).
9)
Unmanifested waste report.
The owner or operator shall comply
with 35
Ill. Adm. Code 724.176 and 40 CFR 264.76
(198821).
h)
Personnel training.
The owner or operator shall comply with the
applicable personnel training requirements of
35
Ill. Adm. Code
724.116 and 40 CFR 264.16
(198892).
i)
Certification of closure.
When abandonment is completed,
the
owner or operator must submit to the Agency certification by the
owner or operator and certification by an independent registered
professional engineer that the facility has been closed in
accordance with the specifications
in Section 704.188.
(Board NoteBOARD NOTE:
SeeDerived from 40 CFB 144.14(c)_(1993).-)-
(Source:
Amended at 18
Ill. Reg.
________,
effective
____________
SUBPART G:
FINANCIAL RESPONSIBILITY FOR CLASS
I
HAZARDOUS WASTE INJECTION WELLS
Section 704.213
Financial Assurance for Plugging and Abandonment
104
An owner or operator of each facility must establish “financial assurance” for
the plugging and abandonment of each existing and new Class I hazardous waste
injection well.
The owner or operator must choose fromone of the following
financial assurance mechanisms:
a)
Trust fund
(Section 704.214);
b)
Surety bond guaranteeing payment
(Section 704.215);
C)
Surety bond guaranteeing performance
(Section 704.216);
d)
Letter of credit
(Section 704.217);
e)
Insurance (Section 704.218); or
f)
Financial test and corporate guarantee
(Section 704.219);
(Board NoteBOARD NOTE:
SeeDerived
from 40 CFB 144.63 preamble
(1993)
.-)-
(Source:
Amended at
18 Ill.
Beg.
________,
effective
______________________-
SUBPART H:
ISSUED PERMITS
Section 704.261
Modification
When the Agency receives any information
(for example, inspects the facility,
receives
information
submitted
by
the
permittee
as
required
in
the
permit
(See
35
Ill.
Adm.
Code
702.140
through
702.152),
receives
a
request
for
modification or reiasuance2, or conducts a review of the permit file),
it may
determine whether or not one or more of the causes listed in Sections 704.262
and 704.263 for modification
or reissuance exist.
If cause exists, the Agency
may modify or reissue the permit accordingly, subject to the limitations
of
Sec..-tion 704.263 and may request an updated application
if necessary.
When a
permit
is modified, only the conditions subject to modification are reopened.
If cause does not exist under Sections 704.261 through 704.264, the Agency
shall not modify or reissue the permit.
If a permit modification satisfies
the criteria in Sec-r-tion 704.264
for “minor modifications” the permit may be
modified without
a draft permit or public review.
Otherwise,
a draft permit
must be prepared and other procedures
in
35
Ill. Adm.
Code 705 followed.
BOARD NOTE:
Formerly codified as
35
Ill. Adm.
Code 702.183.
Derived from 40
CFR 144.39 preamble
(1993).
(Source:
Amended at 18 Ill.
Beg.
________,
effective
______________________
Section 704.262
Causes
for Modification
a)
The following are causes
for modification
of permits.
For Class
I
hazardous waste injection wells or Class III wells, the following
may be causes for reissuance as well as modification.
For all
other wells the following may be cause for reissuance as well as
modification when the permittee requests or agrees:
1)
Alterations.
There are material and substantial alterations
or additions to the permitted facility or activity whichthat
occurred after permit issuance which justify the application
of permit conditions that are different
or absent in the
existing permit.
105
2)
Information.
Permits other than for UIC Class
III wells may
be modified during their terms for this cause only if the
information was not available at the time of permit issuance
(other than revised regulations,
guidance2, or test methods)
and would have justified the application of different permit
conditions at the time of
issuance.
For UIC area permits
this cause shall include any information indicating that
cumulative effects on the environment are unacceptable.
3)
New statutory requirements or regulations.
The standards or
regulations on which the permit was based have been changed
by statute, through promulgation of new or amended standards
or regulations2, or by judicial decision after the permit was
issued.
Permits other than for UIC Class
I hazardous wells
or Class III wells may be modified during their terms for
this cause only as
follows:
A)
The Agency may modify the permit when standards or
regulations on which the permit was based have been
changed by statute or amended standards or
regulations.
B)
The permittee may request modification when:
i)
The permit condition requested to be modified
was based on a promulgated 35 Ill. Adm. Code 730
regulation; and
ii)
The Board has revised,
withdrawn2, or modified
that portion of the regulation on which the
permit condition was based; and
iii)
A permittee requests modification in accordance
with
35 Ill. Adm. Code 705.128 within ninety
(90)
days after Illinois Register notice of the
rulemaking on which the request is based.
C)
For judicial decisions,
a court of competent
jurisdiction has remanded and stayed Board promulgated
regulations,
if the remand and stay concern that
portion of the
regulations
on
which
the
permit
condition was based or if a request is filed by the
permittee in accordance with 35
Ill.
Adm. Code 705.128
within ninety
(90)
days of judicial remand.
4)
Compliance schedules.
The Agency determines good cause
exists for modification of a compliance schedule,
such as an
act of God,
strike,
flood2, or materials shortage2, or other
events over which the permittee has little or no control and
for which there is
no reasonably available remedy.
b)
The following are causes to modify or, alternatively, reissue
a
permit:
1)
The Agency has received notification
(as required in the
permit,
see Section 702.152(c))
of a proposed transfer of
the permit.
A permit also may be modified to reflect
a
transfer after the effective date of an automatic transfer
(Section 702.182(b)),
but will not be reissued after the
effective date of the transfer except upon the request of
the new permittee.
106
2)
A determination that the waste being injected
is
a hazardous
waste as defined in
35
Ii..
Adm.
Code 721.103 either because
the definition has been revised,
or because a previous
determination has been changed.
BOARD NOTE:
Formerly codified as 35
Ill.
Adm. Code 702.184.
Derived from 40 CFR 144.39,
as amended at ~3 Fed. Beg.
28147, July 26,
1998 (1993).
(Source:
Amended at 18
Ill.
Beg.
________,
effective
______________________
Section 704.263
Well Siting
Suitability of the well location will not be considered at the time of permit
modification unless new information or standards indicate that a threat to
human health or the environment exists which was unknown at the time of permit
issuance or unless required under the Environmental Protection Act.
However,
certain modifications may require site location suitability approval pursuant
to Section 39.2 of the Environmental Protection Act.
BOARD NOTE:
Formerly codified as 35
Ill. Adm. Code 702.185.
Derived from 40
CFB 144.39jgJ. (1988~).
(Source:
Amended at
18
Ill.
Beg.
________,
effective
_____________________
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE 0:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER
b:
PERMITS
PART 705
PROCEDURES FOR PERMIT ISSUANCE
SUBPART A:
GENERAL PROVISIONS
Section
705.101
Scope and Applicability
705.102
Definitions
705.103
Computation of Time
SUBPART B:
PERMIT APPLICATIONS
Section
705.121
Permit Application
705.122
Completeness
705.123
Incomplete Applications
705.124
Site Visit
705.125
Effective Date
705.126
Decision Schedule
705.127
Consolidation of Permit Processing
705.128
Modification of Permits
SUBPART C:
APPLICATION REVIEW
Section
705.141
Draft Permits
705.142
Statement of Basis
705.143
Fact Sheet
705.144
Administrative Record for Draft Permits or Notices of Intent to
Deny
SUBPART D:
PUBLIC NOTICE
Section
107
705.161
When Public Notice Must Be Given
705.162
Timing of Public Notice
705.163
Methods of Public Notice
705.164
Contents of Public Notice
705.165
Distribution of Other Materials
SUBPART E:
PUBLIC COMMENT
Section
705.181
Public Comments and Requests for Public Hearings
705.182
Public Hearings
705.183
Obligation to Raise Issues and Provide Information
705.184
Reopening of Public Comment Period
SUBPART
F:
PERMIT
ISSUANCE
Section
705.201
Final Permit Deci8ion
705.202
Stays- in Ccncral upon Timely Application for Renewal
705.203
Stays- for New Application. or upon Untimely Application for
Renewal
705.204
Stays- -#e*upon Reapplicatione aedor for Modifications-
705.205
Stays- Following Interim Status
705.210
Agency Response to Comments
705.211
Administrative Record for Final Permits or Letters of Denial
705.212
Appeal of Agency Permit Determinations
Appendix A: Procedures for Permit Issuance
Appendix
B: Modification Process
Appendix C: Application Process
Appendix D: Application Review Process
Appendix B: Public Comment Process
Appendix F: Permit Issuance or Denial
AUTHORITY:
Implementing Section~13 and 22.4 and authorized by Section 27 of
the Environmental Protection Act
(Ill.
They.
£tat.
1983,
oh.
111
1/2,
pars.
1013,
1022.4 and 1027)r415 ILCS 5/13, 22.4 and 271.
SOURCE:
Adopted in R8132,
47 PCB
93, at
6 Ill. Beg.
12479, effective es-
noted
in
35 Iii.
Adm. Code 700.10?May
17, 1982
amended in R82—19,
at
7 Ill.
Beg. 14352, effective ao noted in 35 Ill. Adm. Code 700.lO6May
17, 1982
amended in R84-9,
at 9
Ill.
Reg.
11894, effective July
24,
1985;
amended in
B89—2 at
14 Ill.
Beg.
3082,
effective February 20,
1990;
amended in R94—5 at
18
Ill. Beg.
,
effective
SUBPART A:
GENERAL PROVISIONS
Section 705.101
Scope and Applicability
a)
This Part 705 sets forth procedures whichthat the Illinois
Environmental
Protection Agency (Agency) must follow in issuing
RCRA
(Resource Conservation and Recovery Act)
and UIC (Underground
Injection Control)
permits.
This Part 705 also specifies rules on
effective dates of permits and stays of contested permit
conditions.
b)
This Part 705 provides for a public comment period and a hearing
in some cases.
The permit applicant and any other participants
must raise issues during this proceeding to preserve issues for
effective Board review2, +as required by Sec-,-tion 705.183-)-.
c)
Board review of permit issuance or denial is pursuant to 35
Ill.
Adm. Code 105.
Board review is restricted to the record which was
108
before the Agency when the permit was issued2, +as required by
Sec-tions 40(a)
and 40(b) of the Environmental Protection Act-)-.
d)
35
Ill. Adm.
Code
702,
7032,
and 704 contain
rules on UIC and RCRA
permit applications,
permit conditions2, and related matters.
(Source:
Amended at
18
Ill. Reg.
,
effective
______________________
Section 705.102
Definitions
The definitions in 35
Ill. Adm. Code 702 apply to this Part.
(Board NotcBOARD NOTE:
SeeDerived from 40 CFR 124.2_(1993).-)-
(Source:
Amended at
18
Ill. Beg.
________,
effective
_____________________
Section 705.103
Computation of Time
Any time period allowance schedule or requirement provided under this Part
shall be computed
in accordance with 35
Ill.
Adin. Code 101.105.
BOARD NOTE:
This Section corresponds with 40 CFR 124.20
(1993).
(Source:
Amended at 18
Ill. Beg.
________,
effective
_____________________
SUBPART
B:
PERMIT
APPLICATIONS
Section 705.121
Permit Application
a)
Any person who requires
a permit under the BCRA (Resource
Conservation and Recovery Act) or UIC (Underground Injection
Control) program shall complete,
sign, and submit to the Agency an
application for each permit required under 35
Ill.
Adm. Code
703.121 aedo~35 Ill. Adm. Code 704.101 through 704.105,
as
appropriate.
Applications are not required for underground
injections authorized by rule under Cubpart 0 of
35
Ill. Adm. Code
704.Subpart
C.
b)
The Agency shall not begin the processing of a permit until the
applicant has fully complied with the application requirements for
that
permit.
C)
Permit applications must comply with the signature and
certification requirements of 35 Ill. Adm. Code 702.126.
(Board N0toBOARD NOTE:
SeeDerived from 40 CFR 124.3(a)_(1993).-)-
(Source:
Amended at
18 Ill. Beg.
_______,
effective
____________________
Section 705.122
Completeness
a)
The Agency shall review for completeness every application for
a
RCRA or UIC permit for completeness.
b)
Time limitations:
1)
Each application for a permit submitted by a new HWM
(hazardous waste management)
facility or new UIC injection
well shall be reviewed for completeness within 30 days of
its receipt.
109
2)
Each application for a permit by an existing HWM facility
(both Parts A and B of the application)
or existing
injection well shall be reviewed for completeness within
60
days of receipt.
c)
upon completing this review,
the Agency shall notify the applicant
in writing whether the application
is complete.
If the
application is incomplete, the Agency shall list the information
necessary to make the application complete.
d)
When the application is for an existing HWM (Hazardous Waste
Management)
facility or an existing UIC
injection
well2, the Agency
shall also specify in the notice of deficiency a date for
submitting the necessary information.
e)
The Agency shall, within the time limitations specified in
paragraphsubsection
(b) above,
notify the applicant whether
additional information submitted in response to
a notice of
deficiency is deemed sufficient or insufficient to complete the
application.
f)
After the application is deemed completed,
the Agency may request
additional information from an applicant only when necessary to
clarify,
modify2, or supplement previously submitted material.
Requests for such additional information will not render an
application incomplete.
(Board N0toBOARD NOTE:
SeeDerived from 40 CFR 124.3(c)_(1993).-)-
(Source:
Amended at 18
Ill.
Beg.
________,
effective
______________________
Section 705.123
Incomplete Applications
If an applicant fails or refuses to correct deficiencies in ~4~eitspermit
application, the pormitApency may either be—den-ied~or issued the permit, on
the basis of the information available to the Agency2, after public notice has
been given pursuant to Sec,-tion 705.161(a)(1);
if warranted,
appropriate
enforcement actions may be taken.
(Board N0tcBOARD NOTE:
SeeDerived from 40 CFR 124.3(d)_(1993).-)-
(Source:
Amended at 18
Ill. Reg.
,
effective
______________________
Section 705.124
Site Visit
In the event that the Agency decides, pursuant to Section 4(d) of the Act,
that
a site visit
is necessary for any reason in conjunction with the
processing
of an application, the failure or refusal by the applicant to
permit such an Agency site visit shall be deemed a failure or refusal to
correct application deficiencies for purposes of Sec-.-tion 705.123.
(Board N0teBOARD NOTE:
SeeDerived from 40 CFR 124.3(e)_(1993).-)-
(Source:
Amended at
18 Ill. Beg.
________,
effective
_____________________
Section 705.125
Effective Date
The effective date of a~permit application
is the date on which the Agency
notifies the applicant that the application
is complete2, as provided in
Section 705.122.
(Board N0teBOARD NOTE:
SeeDerived from 40 CFR 124.3(f)
(1993)
.-)-
110
(Source:
Amended at 18
Ill.
Beg.
________,
effective
______________________
Section 705.126
Decision Schedule
For each permit application from a major new HWM facility or major new UIC
injection well2, the Agency shall,
no later than the effective date of the
application, prepare and mail to the applicant
a project decision schedule.
The schedule shall specify target dates by which the Agency intends to:
a)
Prepare a draft permit pursuant to 705.Subpart C
b)
Give public notice pursuant to 705.Subpart D
c)
Complete the public comment period, including any public hearing
pursuant to 705.Subpart E
and
d)
Issue a final permit pursuant to 705.Subpart
F.
(Board N0toBOARD NOTE:
SeeDerived from 40 CFR 124.3(g)_(1993).-)-
(Source:
Amended at 18
Ill. Beg.
________,
effective
_____________________
Section 705.127
Consolidation
of Permit Processing
Whenever a
facility or activity requires more than one permit under more than
one p~artof the Board’s rules and regulations, proccocing of two or morc
applioationo for those permits the Agency may,
in
its discretion and
consistent the individual requirements
for each permit, be—consolidated the
processing of those permit applications in accordance with Agency procedures.
BOARD NOTE:
Derived from 40 CFR 124.4
(1993).
(Source:
Amended at
18
Ill. Beg.
________,
effective
_____________________
SUBPART C:
APPLICATION REVIEW
Section 705.141
Draft Permits
a)
Once an application for permit
is complete, the Agency shall
tentatively decide whether to prepare
a draft permit or to deny
the application.
b)
If the Agency tentatively decides to deny the permit application,
it shall issue
a notice of intent to deny.
A notice of intent to
deny shall be subject to all of the procedural requirements
applicable to draft permits under paragraphsubsection
(d) below.
If the Agency’s final decision -finade pursuant to Section
705.201-)-
is that the tentative decision to deny the permit application was
incorrect,
it shall withdraw the notice of intent to deny and
proceed to prepare a draft permit under paragraphsubsection
(c)
below.
c)
If the Agency decides to prepare a draft permit,
it shall prepare
a draft permit that contains the following information:
1)
All conditions under
35 Ill. Adm. Code 702.140 through
702.152 and 35
Ill. Adm. Code 702.160;
2)
All compliance schedules under 35
Ill. Adm. Code 702.162
and
702.163;
111
3)
All monitoring requirements under 35
Ill. Adm. Code 702.164;
4)
Fe.Proqram—specific Permit conditions:
A)
RCRA permits,
standards for treatment,
storage,
and/or
disposal and other permit conditions under
35 Ill.
Adm.
Code 703.241 at oeg.Subpart F
B)
UIC permits, permit
conditions under 35 Iii. Adm.
Code
704.4-8~Subpart_E.
d)
All draft permits and notices of intent to deny prepared under
this e~ectionshall be accompanied by a statement of basis2, -(-under
Section
705.142-)-2, or fact
sheet2, -(-under Section
705.143-)-, and
shall be based on the administrative record -(-pursuant to Section
705.144-)-, publicly noticed +pursuant to 705.Subpart
D-)-2, and made
available for public comment -(-Pursuant to Section 705.181-)-.
The
Agency shall give notice of opportunity for
a public hearing
-(-pursuant to Section
705.182-)., issue
a final decision -(-pursuant to
Section 705.2014-2, and respond to comments -(-pursuant to Section
705.210-)-.
An appeal may be taken under Section 705.212.
(Board N0teBOARD NOTE:
SeeDerived from 40 CFR 124.6_(1993).-)-
(Source:
Amended at
18 Ill. Beg.
,
effective
______________________
Section 705.142
Statement of Basis
The Agency shall prepare
a statement of basis for every draft permit or notice
of intent to deny for which a fact sheet under Section 705.143
is not
prepared.
The statement of basis shall briefly describe the derivation of the
conditions of the draft permit and the reasons for them or,
in the case of
notices of intent to deny,
reasons supporting the tentative decision.
The
statement of basis shall be sent to the applicant and,
on request, to any
other person who re~ests it.
(Board NoteBOARD NOTE:
SeeDerived from 40 CFR 124.7_(1993).-)-
(Source:
Amended at 18 Ill. Beg.
________,
effective
_____________________
Section 705.144
Administrative Record for Draft Permits or Notices of Intent
to Deny
a)
The provisions of
a draft permit or notice of intent to deny ~
application shall be baBed on the administrative record,
as
defined in this s-Section.
b)
The administrative record shall consist of:
1)
The application and any supporting data furnished by the
applicant;
2)
The draft permit or notice of intent to deny the
application;
3)
The statement of basis2, 4-as provided in Section
705.1424-2, or
fact
sheet2, -(-as provided in Section
705.143-)-;
4)
All documents cited in the statement of basis or fact sheet;
and
112
5)
Other
documents
contained in the supporting file for the
draft permit or notice of intent to
deny-p-;
and
6)
An index of all documents or items included in the record,
by location in the record.
c)
Published material that is
generally
available,
and which is
included
in
the
administrative
record
under
paragraphsubsection
(b)
above,
need not be physically included with the rest of the
record2, as long as
it
is specifically referred to in the statement
of baBis or the fact sheet.
d)
This e~ectionapplies to all draft permits or notices of intent to
deny for which public notice -4~ew~
first given under 705.Subpart B
after the effective datc of theoc rogulationoMarch
3,
1984,
for
UIC permits, or January 31,
1986,
for RCRA permits.
(Board N0teBOARD NOTE:
SeeDerived from 40 CFR 124.9_(1993).-)-
(Source:
Amended
at
18
Ill. Beg.
________,
effective
_____________________
SUBPART
D:
PUBLIC NOTICE
Section 705.161
When Public Notice Must Be Given
a)
The Agency shall give public notice thatwhenever any of the
following actions have occurred:
1)
A permit application has been tentatively denied under
Section 705.141(b);
2)
A draft
permit
has been prepared under Section 705.141(c);
and
3)
A hearing has been scheduled under Section 705.182.
b)
No public notice is required when
a request for permit
modification is denied under Section 705.128(b).
Written notice
of thatany such denial shall be given to the requester and to the
permittee.
c)
Public notices may describe more than one permit or permit action.
(Board N0tcBOARD NOTE:
SeeDerived from 40 CFR 124.10(a)_(1993).-)-
(Source:
Amended at
18 Ill. Beg.
________,
effective
_____________________
Section 705.162
Timing of Public Notice
a)
Public notice of the preparation of
a draft permit (including a
notice of intent to deny a permit application) required under
Section 705.161 shall allow:
1)
For UIC permits,
at least 30 days for public comment;
2)
For RCRA permits,
at least 45 days for public comment.
b)
Public notice of a public hearing shall be given:
1)
For UIC permits at least 30 days before the hearing;
113
2)
For RCRA permits,
at least 45 days before the hearing.
c)
Public notice of a hearing may be given at the same time as public
notice of the draft permit2, and the two notices may be combined.
(Board NoteBOARD NOTE:
SeeDerived from 40 CFR 124.10(b)_(1993).-)-
(Source:
Amended at
18
Ill.
Beg.
________,
effective
______________________
Section 705.164
Contents of Public Notice
a)
All public notices issued under this Part shall contain the
following minimum information:
1)
NThe name and address of the Agency;
2)
NThe name and address of the permittee or permit applicant
and,
if different,
of the facility or activity regulated by
the permit;
3)
A brief description of the business conducted at the
facility or the activity described in the permit application
or the draft permit;
4)
NThe name,
address2, and telephone number of a person from
whom interested persons may obtain further information,
including copies of the draft permit-,-;
a copy of the
statement of basis or fact sheet-,.L and a copy of the permit
application;
and
5)
A brief description of the comment procedures required by
Sections 705.181 and 705.l82j.
and the time and place of any
hearing that will be held,
including
a statement of ~g
procedures to request a hearing
(unless
a hearing has
already been scheduled)j. and the other procedures by which
the public may participate in the final permit decision-~-j
6)
The location of the administrative record required by
Section 705.144, the time at which the record will be open
for public inspection, and
a statement that all data
submitted by the applicant is available as part of the
administrative
record-,-; and
7)
Any additional information that the Agency considereds
necessary or proper.
b)
Public notices
for hearings.
In addition to the general public
notice described in Section 705.164(a),
the public notice of
a
hearing under Section 705.182
shall contain the following
information:
1)
Reference to the date of previous public notices relating to
the
permit+~
2)
~The date, time,
and place of the hearing; and
3)
A brief description of the nature and purpose of the
hearing, including the applicable rules and procedures.
(Board NotoBOARD NOTE:
SeeDerived from 40 CFR 124.10(d)
(1993)
.4-
114
(Source:
Amended at
18 Ill. Beg.
________,
effective
_____________________
Section 705.165
Distribution of Other Materials
In addition to the general public notice described in Section 705.164(a),
all
persons identified in Section 705.163(a)
shall be mailed a copy of the fact
sheet or statement of basis, the permit application
(if any)2, and the draft
permit
(if any).
(Board
NoteBOARD
NOTE:
SeeDerived from 40 CFB 124.10(e)_(1993).-)-
(Source:
Amended at
18 Ill.
Req.
,
effective
______________________
SUBPART E:
PUBLIC COMMENT
Section 705.181
Public Comments and Requests
for Public Hearings
During the public comment period provided under 705.Subpart
D2, any interested
person may submit written comments on the draft permit to the Agency2, written
comments on the draft permit and any interested person may request a public
hearing,
if no hearing hac already bean scheduled.
A request for a public
hearing shall be in writing and shall state the nature of the issues proposed
to be raised in the hearing.
AThe Agency shall consider all comments ohall be
conoidcrcd in making the final decision and shall be—answered2, as provided in
Section 705.210.
(Board N0toBOARD NOTE:
SeeDerived from 40 CFR 124.11_(1993).-).
(Source:
Amended at
18 Ill.
Beg.
________,
effective
_____________________
Section 705.182
Public Hearings
a)
When the Agency holds public hearings.
1)
The Agency shall hold a public hearing whenever it finds,
on
the basic of requests,
a significant degree of public
interest in a draft
permit-(-e-)- on the basis of requests.
2)
The Agency also may hold a public hearing at
its discretion,
whenever such a hearing might clarify one or more issues
involved in the
permit
decision.
3)
For RCRA permits only:
A)
The Agency shall hold
a public hearing whenever it
receives, within
45 dayo of public notice under
Section 705.163(a), written notice of opposition to a
draft permit and
a requeBt for a hearing within 45
days of public notice under Section 705.162(a)
B)
Whenever possible2, the Agency shall schedule the
hearing
at
a location convenient to the ncarcot
population center nearest to the proposed facility.
4)
Public notice of the hearing shall be given as specified in
Section 705.162.
b)
Whenever a public hearing will be held, the Agency shall designate
a hearing officer for the hearing who shall be responsible for its
scheduling and orderly conduct.
Conduct of the hearing shall be
in accordance with Agency rules and procedures,
and the hearing
115
shall be held in the county in which the HWM or UIC facility,- or
proposed HWM or UIC
facility-,.- is located.
c)
Any person may submit oral or written statements and data
concerning the draft permit.
Reasonable limits may be set by the
hearing officer i*pon the time allowed at hearing for oral
statements,
and the submission of statements in writing may be
required.
Written statements shall be accepted until the close of
the public comment period.
The public comment period under
705.Subpart D shall automatically be extended to a date not later
than 30 days after the close of any public hearing under this
section.
The hearing officer may, upon request, extend the
comment period by not more than 30 days
if reasonably necessary to
assure all parties sufficient opportunity to submit comments.
d)
A tape recording or written transcript of the hearing shall be
made available to the public
for inspection during regular
business hours at the Agency’s office in Springfield.
Copies
of
such recording or transcription shall be made available on
request2, upon payment of reasonable costs of duplication pursuant
to applicable Agency rules and procedures.
(Board N0teBOARD NOTE:
SeeDerived from 40 CFR 124.12_(1993).-)-
(Source:
Amended at 18 Ill.
Beg.
________,
effective
______________________
Section 705.183
Obligation to Raise Issues and Provide Information
All persons,
including applicants, who believe any condition of a draft permit
is inappropriate2, or that the Agency’s tentative decision to deny an
application or prepare a draft permit
is
inappropriate, must raise all
reasonably ascertainable issues and submit all reasonably available arguments
and factual grounds supporting their position,
including all supporting
material, by the close of the public comment period
(including any public
hearing) under 705.Subpart D.
All supporting materials shall
be included in
full and may not be incorporated by reference,
unless they are already part of
the administrative record in the same proceeding,
or consist of S~tateor
F~ederalstatutes and regulations, documents of general applicability,
or
other generally available reference materials.
Commenters shall make
supporting material not already included in the administrative record
available to the Agency2, as directed by the Agency.
(Board
N0toBOARD
NOTE:
SeeDerived from 40 CFB 124.13_(1993).-)-
(Source:
Amended at
18 Ill. Beg.
________,
effective
______________________
Section 705.184
Reopening of Public
Comment
Period
a)
If any data,
information2, or arguments submitted during the public
comment period appear to raise substantial new questions
concerning a permit,
the Agency may take one or more of the
following actions:
1)
Prepare a new draft permit, appropriately modified, under
Section 705.141;
2)
Prepare a revised statement of basis,
a fact
sheet2, or
~,
revised fact sheet and reopen the comment period under
paragraphsubsection (a)(3) below
116
3)
Reopen or extend the comment period to give interested
persona
an opportunity to comment on the information or
arguments
submitted.
b)
In the alternative, the Agency may reverse
its tentative decision
to prepare a draft permit or issue a notice of intent to deny
-(-pursuant to Section 705.141(b) aedor 705.l41(ec)-)-.
c)
In the alternative, the Agency
may
revise the draft
permit
in
response to comments and issue a final permit pursuant to Section
705.201.
d)
Comments filed during the reopened comment period shall be limited
to the substantial new questions that caused itS reopening.
The
public notice under 705.Subpart
B shall define the scope of the
reopening.
e)
Public notice of any of the above actions shall be issued under
705.Subpart D.
(Board NotoBOARD
NOTE:
SeeDerived from 40 CFR 124.14_(1993).-)-
(Source:
Amended at 18
Ill. Beg.
________,
effective
_____________________
SUBPART
F:
PERMIT
ISSUANCE
Section 705.201
Final Permit Decision
a)
After the close of the public
comment period under 705.Subpart D
or Section 705.182,
the Agency shall issue
a final permit
decision.
b)
A final permit decision shall consist of either:
1)
A letter of denial that includingos each of the following:
A)
The sections of the appropriate Act uhichthat may be
violated if the permit were granted;
B)
The provisions of Board regulations whichthat may be
violated
if the permit were granted;
C)
The specific
type
of information,
if any, whiohthat
the Agency deems the applicant did not provide with
its application;
and
D)
A statement of specific reasons why the Act and the
regulations might not be met
if the permit were
granted;
2)
Or issuance of
a permit.
c)
On the date of the final permit decision, the Agency shall notify
the applicant and each person who has submitted written comments
or requested notice of the final permit decision.
This notice
shall include reference to the procedures for appealing an Agency
decision on a
RCRA
or
UIC permit decision.
d)
A final permit shall become effective 35 days after the final
permit decision made under paragraphsubsection
(a)
above, unless:
117
1)
A later effective date is specified in the permit; or
2)
Review is requested under Section 705.212,
in which case the
effective date and conditions will be stayed as provided in
Sections 705.202 through 705.205.
BOARD
NOTE:
This Section corresponds with and is partially
derived from 40 CFR 124.15
(1993).
(Source:
Amended at
18 Ill. Beg.
_______,
effective
____________________
Section 705.202
Stays- in Ccnaral upon Timely Application for Renewal
35
Ill.
Adm. Code 702.125 provides for continuation of expiring RCRA and UIC
permits where
a timely application has been filed.
cln such a case,
the Board
intends that,
in such
a cape,
unleoc
it ordcro otherwise, the old permit
should expire at the same time the new permit becomes effective unless the
Board orders otherwise.
BOARD
NOTE:
Derived
in part from 40 CFR 124.16(a) (2)
and
(c)(2)
(1993).
(Source:
Amended
at
18
Ill.
Reg.
________,
effective
_____________________
Section 705.203
Stays- for New Applications- or upon Untimely Application for
Renewal
a)
This e~ectionapplies to:
1)
New HWM facilities and new injection wells whichthat:
A)
Have never had a RCRA or UIC permit; or
B)
Had a RCRA or UIC permit whiohthat expired without a
timely application for renewal;
and
2)
Existing HWM facilities and existing HWM injection wells
whichthat:
A)
Have never had
a
RCRA
or UIC permit and have failed to
file a timely first application; or
B)
Had a RCRA or UIC permit whichthat expired without
a
timely application for renewal.
b)
If an appeal to the Board is filed,
the effective date of the
permit and all conditions are stayed until the appeal is
concluded, unless the Board orders otherwise.
During the appeal,
the applicant is without a permit unless the Board orders
otherwise.
BOARD NOTE:
Derived in part from 40 CFR 124.16(a)(l)
(1993).
(Source:
Amended at
18 Ill. Beg.
________,
effective
_____________________
Section 705.204
Stays- ~e.upon Beapplicatione aedor for Modifications-
a)
This e~ectionapplies to new or existing HWM facilities and UIC
wells ~-,hichthathave
a
RCBA
or UIC permit and which make a timely
application for renewal or request for modification.
b)
If an appeal to the Board is filed,
the effective date of the
permit and all conditions are stayed until the appeal is concluded
118
or until the Board orders otherwise.
During the appeal, the
applicant must comply with the conditions of the expired permit,
unless the Board orders otherwise
(35
Ill. Adm. Code 702.125).
c)
The applicant must comply with the conditions of the existing
permit during a modification proceeding under Section 705.128.
BOARD NOTE:
Derived from 40 CFR 124.16(c)(1)
(1993).
(Source:
Amended at
18
Ill.
Beg.
,
effective
____________________
Section 705.205
Stays- Following Interim Status
a)
This e~ectionapplies to any facility whichthat has BCRA interim
status or permit by
rule-,- or
a UIC permit by
rule-,- and whiohthat
makes
a timely application for its first RCRA or UIC permit.
b)
If an appeal to the Board is filed,
the effective date of the
permit and all conditions are stayed until the appeal
is
concluded, unless the Board orders otherwise.
During the appeal,
the applicant must comply with the rules applicable to facilities
with BCRA interim atatus,-~permit by rule
(35
Ill.
Adm.
Code 703
Subpart
C)
or UIC permit by rule (35 Ill.
Adin.
Code 703-,-—~Subpart
C or 704, Subpart C).
BOARD NOTE:
Derived from implication from 40 CFB 124.15(b)
(1993);
144.31(a)
(1993),
as amended at 58 Fed. Beg.
63897
(Dec.
3,
1993);
and 270.60 and 270.63(a)
(1992).
(Source:
Amended at 18
Ill. Beg.
________,
effective
_____________________
Section 705.210
Agency Response to Comments
a)
At the time that any final permit decision is issued under Section
705.201,
the Agency shall issue a response to comments.
This
response shall:
1)
Specify which provisions,
if any, of the draft permit have
been changed in the final permit decision,
and the reasons
for the change; and
2)
Briefly describe and respond to all significant comments on
the draft permit raised during the public comment period.
b)
Any documents cited
in the response to comments shall be included
in the administrative record for the final permit decision as
defined in Section 705.211.
If new points are raised or new
material supplied during the public comment period, the Agency may
document its response to those matters by adding new materials to
the administrative record.
c)
The response to be—comments shall be available to the public in
accordance with Agency rules and procedures for access to Agency
documents.
-fBea*dOA~
NeteOTE:
SeeDerived
in
part
from 40 CFR 124.17
(1993~
.4-
(Source:
Amended at 18 Ill.
Reg.
________,
effective
_____________________
Section 705.211
Administrative Record for Final Permits or Letters of Denial
119
a)
The Agency shall base final permit decisions under Section 705.201
on the administrative record defined in this s-Section.
b)
The administrative record for any final permit or letter of denial
shall consist of the administrative record for the draft permit
and:
1)
All comments received during the public comment period
provided under 705.Subpart B
(including any extension or
reopening under Section 705.184);
2)
The tape or transcript of any hearing held under Section
705.182;
3)
Any written materials submitted at such
a hearing;
4)
The response to comments required by Section 705.210 and any
new material placed in the record under that section;
5)
Other
documents contained in the supporting file for the
permit;
and
6)
The final permit or letter of denial.
c)
The additional documents required under paragraphsubsection
(b)
above should be added to the record
as soon as possible after
their receipt or publication by the Agency.
The record shall be
completed on the date which the final permit or
letter of denial
is issued.
d)
This s-~ectionapplies to all final BCRA permits, UIC permits2, and
letters of denial,
when the draft permit was subject to the
administrative record requirements of Section 705.144.
-(-BoardOARD
NeteOTE:
SeeDerived from 40 CFR 124.18_(1993).-)-
(Source:
Amended at
18 Ill.
Beg.
________,
effective
_____________________
Section 705.212
Appeal of Agency Permit Determinations
a)
Within 35 days after
a BCRA or UIC final permit decision
notification has been issued under Section 705.201, the applicant
may petition the Board to contest the final permit decision.
If
the applicant failed to file comments or failed to participate
in
the public hearing on the draft permit he or she may petition for
administrative review only to the extent of the change from the
draft to the final permit decision.
The petition shall include a
statement of the reasons supporting that review, including
a
demonstration that any issues being raised were raised during the
public comment period
(including any public hearing) to the extent
required in this part;
in all other respects, the petition
shall
comport with the requirements for permit appeals generally,
as
set
forth in 35
Ill. Adm. Code 105.
Nothing in this paragraph is
intended to restrict appeal rights under Section 40(b)
of the
Environmental Protection Act.
b)
Within 35 days after a final permit decision notification has been
issued under Section 705.201 for a RCRA permit for
a hazardous
waste disposal site, any person who filed comments on that draft
permit or participated in the public hearing may petition the
Board to contest the issuance of the permit.
Any person who
failed to file comments or failed to participate in the public
120
hearing on the draft permit may petition
for administrative review
only to the extent of the changes from the draft to the
final
permit decision.
The petition shall include a statement of the
reasons
supporting
that review,
including a demonstration that any
issues being raised were raised during the public comment period
(including any public hearing) to the extent required in this
p~art; in all other respects,
the petition shall comport with the
requirements for permit appeals generally,
as set forth in 35
Ill.
Adm. Code
105.
C)
Except as otherwise provided in this Part,
the provisions of
35
Ill. Adm. Code 105 generally shall govern appeals of BCRA and UIC
permits under this section; references
in the procedural rules to
the Agency permit application record shall mean,
for purposes of
this section, the administrative record for the final permit or
letter of denial,
as defined in Section 705.211.
d)
An appeal under paragraphosubsection
(a)
or
(b)
above is
a
prerequisite to the seeking of judicial review of the final agency
action under the Administrative Review
Ae-t-Law
(Ill.
Rev.
Stat.
1981,
oh.
110, par.
264)1735 ILCS 5/Art.
1111.
BOARD NOTE:
This Section corresponds with 40 CFR 124.19
(1993).
(Source:
Amended at
18
Ill. Beg.
,
effective
_____________________
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL
BOARD
SUBCHAPTER
d:
UNDERGROUND INJECTION CONTROL AND UNDERGROUND
STORAGE
TANK
PROGRAMS
PART 730
UNDERGROUND INJECTION CONTROL OPERATING REQUIREMENTS
SUBPART A:
GENERAL
Section
730.101
Applicability, Scope and Effective Date
730.102
Laws Authorizing Regulations
730. 103
Definitions
730.104
Criteria for Exempted Aquifers
730.105
Classification of
Injection Wells
730.106
Area of Review
730.107
Corrective Action
730.108
Mechanical Integrity
730.109
Criteria for Establishing Permitting Priorities
730.110
Plugging and Abandoning Class
I and III Wells
SUBPART B:
CRITERIA AND STANDARDS APPLICABLE
TO CLASS
I NON-HAZARDOUS
WELLS
Section
730.111
Applicability
730.112
Construction Requirements
730.113
Operating, Monitoring and Reporting Requirements
730.114
Information to be Considered by the Agency
SUBPART C:
CRITERIA AND STANDARDS APPLICABLE
TO CLASS
II
WELLS
Section
730.121
Adoption of Criteria and Standards Applicable to Class
II Wells by
the Illinois Department of Mines and Minerals
121
SUBPART D:
CRITERIA AND STANDARDS APPLICABLE
TO CLASS III WELLS
Section
730.131
Applicability
730.132
Construction Requirements
730.133
Operating, Monitoring and Reporting Requirements
730.134
Information to be Considered by the Agency
SUBPART F:
CRITERIA AND STANDARDS APPLICABLE
TO CLASS V INJECTION WELLS
Section
730.151
Applicability
730.152
Inventory and Assessment
(Repealed)
SUBPART C:
CRITERIA AND STANDARDS APPLICABLE TO CLASS
I
HAZARDOUS
WELLS
Section
730.161
Applicability and Definitions
730.162
Minimum Criteria for Siting
730.163
Area of Review
730.164
Correction Action for Wells
in the Area of Review
730.165
Construction Requirements
730.166
Logging,
Sampling2, and Testing Prior to New Well Operation
730.167
operating Requirements
730.168
Testing and Monitoring Requirements
730.169
Reporting Requirements
730.170
Information to be Evaluated by the Director
730.171
Closure
730.172
Post—Closure Care
730.173
Financial Responsibility for Post—Closure Care
AUTHORITY:
Implementing Sections
13 and 22.4 and authorized by Section 27 of
the Environmental Protection Act
(Ill. nov.
Ctat.
1991 oh.
111½,
pars.
1013,
1022.4 and 1027
415
ILCS 5/13,
4,L22.42, and
&,~27-)-.
SOURCE:
Adopted in R81—32,
47 PCB
93,
at 6 Ill. Reg.
12-7-479, effective as-
noted in 36 Ill.
1~.dm. Code 700.lO6March
3,
1984
amended in R82—19,
53 PCB 131
at
7
Ill. Beg. 14426 effective as noted in 36 Ill. 1dm. Code 700.lO6March
3,
1984 recodified at 10
Ill.
Beg.
14174;
amended in B89—2 at
14
Ill. Reg. 3130,
effective February 20,
1990; amended in R89-11 at
14
Ill.
Beg.
11959,
effective July
9,
1990;
amended in R93—6 at
17 Ill. Reg.
15646, effective
September 14,
1993;
amended in R94—5
at 18 Ill. Beg.
,
effective
SUBPART A:
GENERAL
Section 730.106
Area of Review
The area of review for each injection well or each field,
project2, or area in
Illinois shall be determined according to either paragraphaubsection
(a)
or
(b) below.
The Agency may solicit input from the owners or operators of
injection wells within Illinois as to which method is most appropriate for
each geographic area or field.
a)
Zone of endangering influence.
1)
The zone of endangering influence shall be:
A)
In the case of an application for a well permit under
35
Ill.
Adm.
Code 704.161, that area the radius of
which is the lateral distance
in which the pressures
122
in the injection
zone may cause the migration of the
injection and/or
formation fluid into an underground
source of drinking water;
or
B)
In the case of an application for an area permit under
35
Ill. Adm.
Code 704.162, the project area plus
a
circumscribing area the width of which is the lateral
distance from the perimeter of the project area,
in
which the pressures in the injection zone may cause
the migration of the injection and/or formation fluid
into an underground source of drinking water.
2)
Computation of the zone of endangering influence may be
based upon the parameters listed below and should be
calculated for an injection time period equal to the
expected life of the injection well or pattern.
The
following modified Theis equation illustrates one form
whichthat the mathematical model may take.
1/2
(2.25 K H t)
x
1/2
(6
10
~
f
2.25KHt
N
SxlO”
where:
.~
i-i.
K H
1W-BC)
K—
___________
2.3
Q
4
-r
Kit
(
hW-h~xSbGb)
2.3Q
r
=
Radius of endangering influence from injection well
(length)
Ic~
=
Hydraulic conductivity of the injection zone
(length/time)
H
=
Thickness of the injection zone
(length)
t
=
Time of injection
(time)
S
=
Storage coefficient
(dimensionless)
Q
=
Injection rate (volume/time)
=
Observed original hydrostatic head of injection
zone
(length) measured from the base of the lowermost
underground source of drinking water
123
=
Hydrostatic head of underground source of drinking
water (length) measured from the base of the lowest
underground source of drinking water
=
Specific gravity of fluid in the injection zone
(dimensionless)
=
3.14~-159 (dimensionless)
3)
The above equation is based on the following assumptions:
A)
The injection zone
is homogenous and isotropic;
B)
The injection zone has infinite area extent;
C)
The injection well penetrates the entire thickness of
the injection zone;
B)
The well diameter
is infinitesimal compared to “r~~
when injection time is longer than a few minutes; and
E)
The emplacement of fluid into the injection zone
creates instantaneous increase in pressure.
b)
Fixed Radius.
1)
In the case of an application for a well permit under 35
Ill.
Adm. Code 704.161 a fixed radius around the well of not
less than 402 meters
(1/4 mile) may be used.
2)
In the case of an application for an area permit under 35
Ill. Adm. Code 704.162
a fixed width of not less than 402
meterB
(1/4 mile)
for the circumscribing area may be used.
3)
In determining the fixed radius,
the following factors shall
be taken into consideration:
the chemistry of injected and
formation fluids;
the hydrogeology; the population and
groundwater use and dependence;
and historical practices in
the area.
C)
If the area of review is determined by a mathematical model
pursuant to paragraphsubsection
(a)
above the permissible radius
is the result of such calculation even if
it is less than 402
meters (1/4 mile).
(Source:
Amended at
18
Ill. Reg.
,
effective
____________________
Section 730.108
Mechanical Integrity
a)
The applicant or permittee must demonstrate mechanical integrity
when required by other Sections.
An injection well has mechanical
integrity if:
1)
There is no significant leak in the casing, tubing~.or
packer; and
2)
There is no significant fluid movement into an underground
source of drinking water through vertical
channels adjacent
to the injection bore.
b)
One of the following tests maymust be used to demonstrate the
absence of significant leaks under subsection (ay(1)
above:
124
1)
Honitoring of annuluc preosuroFollowing an initial pressure
test,
monitoring of the tubing—casing annulus pressure with
sufficient frecruency to be representative,
as determined by
the Agency,
while maintaining an annulus pressure different
from atmospheric pressure measured at the surface
or
2)
Pressure test with liquid or gas.
c)
One of the following methods may be used to determine the absence
of significant fluid movement under subsection
(a)(2)
above:
1)
The results of
a temperature or noise
log; or
2)
For Class III wells where the
nature of the casing precludes
the use of the
logging techniques prescribed
at subsection
(c)(1)
above, cementing records demonstrating the presence
of adequate cement to prevent migration;
or
3)
For Class III wells where the Agency elects to rely on
cementing records to demonstrate the absence of significant
fluid movement, the monitoring program prescribed by 35
Ill.
Adm.
Code 730.113(b)
shall be designed to verify the absence
of significant
fluid movement.
d)
The Agency may allow the use of
a test to demonstrate mechanical
integrity other than those listed in subsections
(b)
and
(c)
above.
To obtain approval, the owner or operator shall submit
a
written request to the Agency whiohthat sets forth the proposed
test
and all technical data supporting its use.
The Agency shall
approve the request
if the test will reliably demonstrate the
mechanical integrity of wells for which its use is proposed.
e)
In conducting and evaluating the tests enumerated in this Section
or others to be allowed by the Agency, the owner or operator and
the Agency shall apply methods and standards generally accepted in
the industry.
When the owner or operator reports the results of
mechanical integrity tests to the Agency,
it shall include a
description
of the test and the method used.
In making its
evaluation,
the Agency shall review monitoring and other test data
submitted since the previous evaluation.
j).
The Agency may recuire additional or alternative tests
if the
results presented by the owner or operator under subsection
(e)
above
are not satisfactory to the Agency to demonstrate that there
is no movement of fluid into or between USDW5 resulting from the
injection activity.
(Source:
Amended at 18
Ill. Reg.
________,
effective
_____________________
SUBPART B:
CRITERIA AND STANDARDS APPLICABLE TO
CLASS
I
NON-HAZARDOUS
WELLS
Section 730.114
Information to be Considered by the Agency
This section sets forth the information whiohthat must be considered by the
Agency in authorizing Class
I wells.
For an existing or converted new Class
I
well the Agency may rely on the existing permit file for those
items of
information listed below which are current and accurate in the file.
For a
newly drilled Class
I well, the Agency shall require the submission of all the
information listed below.
For both existing and new Class
I wells certain
maps, cross—sections, tabulations of wells within the area of review and other
125
data may be included in the application by reference provided they are
current, readily available to the Agency (for example,
in the Agency’s files)
and sufficiently identified to be retrieved.
a)
Prior to the issuance of
a permit for an existing Class
I well to
operate or the construction or conversion of
a new Class
I well
the Agency shall consider the following:
1)
Information required in 35
Ill.
Adm.
Code 702.120 through
702.124 and 35
Ill. Adm. Code 704.161(c);
2)
A map showing the injection well for which a permit is
sought and the applicable area of review.
Within the area
of review,
the map must show the number,
or name,
and
location of all producing wells,
injection wells,
abandoned
wells, dry holes, surface bodies of water,
springs, mines
(surface and subsurface),
quarries, water wells2, and other
pertinent surface features
including residences and roads.
The map should also show faults,
if known or suspected.
Only information of public record is required to be included
on this map;
3)
A tabulation of data on all wells within the area of review
whiohthat penetrate into the proposed injection zone.
Such
data shall include a description of each well’s type,
construction,
date drilled,
location, depth, record of
plugging and/or completion,
and any additional information
the Agency may require;
4)
Maps and cross
sections indicating the general vertical and
lateral limits of all underground sources of drinking water
within the area of review,
their position relative to the
injection formation2, and the direction of water movement,
where known,
in each underground source of drinking water
whiohthat may be affected by the proposed injection;
5)
Maps and cross sections detailing the geologic structure of
the local area;
6)
Generalized maps and cross sections illustrating the
regional geologic setting;
7)
Proposed operating data;
A)
Average and maximum daily rate and volume of the fluid
to be injected;
B)
Average and maximum
injection pressure;
and
C)
Source and an analysis of the chemical, physical,
radiological2, and biological characteristics of
injection fluids;
8)
Proposed formation testing program to obtain an analysis of
the chemical,
physical2, and radiological characteristics of
and other information on the receiving
formation;
9)
Proposed stimulation program;
10)
Proposed injection procedure;
126
11)
Schematic or other appropriate drawings of the surface and
subsurface construction details of the system;
12)
Contingency plans to cope with all shut—ins or well failures
so as to prevent migration of fluids into any underground
source of drinking water;
13)
Plans
(including maps)
for meeting the monitoring
requirements in Sec-rtion 730.113(b);
14)
For wells within the area of review whiohthat penetrate the
injection zone but are not properly completed or plugged,
the corrective action proposed to be taken under 35 Ill.
Adm. Code 704.193;
15)
Construction procedures including a cementing and casing
program,
logging procedures,
deviation checks,
and a
drilling,
testing, and coring program;
and
16)
A certificate that the applicant has assured, through a
performance bond or other appropriate means, the resources
necessary to close,
plug2, or abandon the well as required by
35
Ill. Adm. Code 704.189.
b)
Prior to granting approval
for the operation of a Class
I well the
Agency shall consider the
following information:
1)
All available logging and testing program data on the well;
2)
A demonstration of mechanical integrity pursuant to Sec-rtion
730.108;
3)
The anticipated maximum pressure and flow rate at whichthat
the permittee will operate;
4)
The results of the formation testing program;
5)
The actual injection procedure;
6)
The compatibility of injected waste with fluids in the
injection zone and minerals
in both the injection zone and
the confining zone;
and
7)
The status of corrective action on defective wells in the
area of review.
c)
Prior to granting approval for the plugging and abandonment of a
Class
I well the Agency shall consider the following information:
1)
The type and number of plugs to be used,
2)
The placement of each plug including the elevation of the
top and bottom;
3)
The type and grade and quantity of cement to be used,
4)
The method for placement of the plugs; and
5)
The procedure to be used to meet the requirements of
Sec-.-tion 730.110(c).
(Source:
Amended at
18 Ill.
Beg.
________,
effective
_____________________
SUBPART
F:
CRITERIA AND STANDARDS APPLICABLE
TO CLASS V INJECTION WELLS
Inventory and Assessment
(Repealed)
a-f-
-G~
-
--
‘‘
with1
—fly
~UU
•
...JL.J
I~Li_
127
Section 730.152
The owner or operator
i~
unu y~t~of
the date
of approval by USEPA
u~‘~nuL~iLnuLuUJJ.
pi-ogram iur ~iaoo
I,
iii,
iv ana
V
wells, notify the Agency of the oxiotenco of any well meeting the definitions
of Claoo V under hic control, and aubmit the inventory information required in
3~Ill. !~dm. Coda 704.143(a).
(Source:
Repealed at
18
Ill.
Beg.
________,
effective
