ILLINOIS POLLUTION CONTROL BOARD
September 7, 2000
IN THE MATTER OF:
)
)
UIC UPDATE, USEPA AMENDMENTS
)
R00-11
(July 1, 1999, through December 31, 1999)
)
(Identical-in-Substance
)
Rulemaking - Land)
________________________________________
IN THE MATTER OF:
)
)
UIC UPDATE, USEPA AMENDMENTS
)
R01-1
(January 1, 2000, through June 30, 2000)
)
(Identical-in-Substance
)
Rulemaking - Land)
Proposed Rule. Proposal for Public Comment.
OPINION AND ORDER OF THE BOARD (by E.Z. Kezelis):
Under Sections 7.2 and 13(c) of the Environmental Protection Act (Act) (415 ILCS 5/7.2
and 13(c) (1998)), the Board proposes amendments to the Illinois regulations that are “identical in
substance” to underground injection control (UIC) regulations that the United States Environmental
Protection Agency (USEPA) adopted to implement Section 1421 of the federal Safe Drinking
Water Act (SDWA) (42 U.S.C. § 300h (1998)). The nominal timeframe of docket R00-11
includes federal UIC amendments that USEPA adopted in the period July 1, 1999, through
December 31, 1999. The nominal timeframe of docket R01-1 includes federal UIC amendments
that USEPA adopted in the period January 1, 2000, through June 30, 2000.
Sections 7.2 and 13(c) provide for quick adoption of regulations that are identical in
substance to federal regulations that USEPA adopts to implement Section 1421 of the federal
SDWA (42 U.S.C. § 300h (1998)). Section 13(c) also provides that Title VII of the Act and
Section 5 of the Administrative Procedure Act (5 ILCS 100/5-35 and 5-40 (1998)) do not apply to
the Board’s adoption of identical-in-substance regulations. The federal UIC regulations are found
at 40 C.F.R. 144 through 148.
The Board will cause the proposed amendments to be published in the
Illinois Register
and will hold the docket open to receive public comments for 45 days after the date of publication.
CONSOLIDATION OF DOCKETS AND EXPEDITED CONSIDERATION
The Board has determined that it is necessary to consolidate two separate dockets in this
rulemaking and expedite our consideration of certain later amendments. The following segment of
this opinion outlines the various federal actions considered in this proceeding. The actions
involved in UIC update docket R01-1 are consolidated with the rulemaking proposal in docket
R00-11 because they require no Board action, are closely related to the actions involved in UIC
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update docket R00-11, or are the UIC aspects of the hazardous waste-related actions incorporated
into the recent Resource Conservation and Recovery Act (RCRA) Subtitle C update, RCRA
Subtitle C Update, USEPA Amendments (July 1, 1999, through December 31, 1999) (May 18,
2000), R00-13.
The most significant federal action involved in this proceeding is that of December 7,
1999, which is part of docket R00-11. The December 16, 1999 action is a correction to the
December 7, 1999 action. The February 2, 2000 action, involved in the timeframe of the later
docket, R01-1, is also a correction to the December 7, 1999 action. The federal action of
March 17, 2000, involved in docket, R01-1, completes the UIC segments of the withdrawal of
certain land disposal restrictions (LDRs). The Board completed the hazardous waste segments of
the March 17, 2000 federal action and withdrew the associated hazardous waste listings and the
hazardous waste segments of the LDRs in the prior RCRA Subtitle C update. See RCRA Subtitle
C Update, USEPA Amendments (July 1, 1999, through December 31, 1999) (May 18, 2000), R00-
13. In docket R00-13, the Board stated that it would include the UIC segments of the March 17,
2000 action in this UIC update docket, R00-11. The federal action of June 8, 2000, which is
within the scope of docket R01-1, corrected the March 17, 2000 federal action. The sole
remaining federal action involved in docket R01-1, that of May 15, 2000, contains a set of
amendments intended only to streamline the federal rules, and as a result, they require no
corresponding Board action to amend the Illinois rules.
For the foregoing reasons, and on its own motion, the Board consolidates the UIC update
dockets R00-11 and R01-1 into a single action. This will allow the most expeditious and efficient
implementation of both sets of amendments.
FEDERAL ACTIONS CONSIDERED IN THIS RULEMAKING
The following briefly summarizes the federal actions considered in this rulemaking.
Docket R00-11: July 1, 1999, through December 31, 1999
USEPA amended the federal UIC regulations on two occasions during the period July 1,
1999, through December 31, 1999. Each is summarized below:
64 Fed. Reg. 68546 (December 7, 1999)
USEPA adopted amendments relating to Class V injection wells. It consolidated the rules
applicable to Class V wells into a new subpart. The rules ban new large cesspools and
motor vehicle waste disposal wells immediately, and they will require existing cesspools
and motor vehicle waste disposal wells to close by dates to be determined by the location
of the well with respect to protected groundwater resources. The amendments include
permit provisions applicable to the owners and operators of these Class V injection wells.
64 Fed. Reg. 70316 (December 16, 1999)
USEPA corrected its amendments of December 7, 1999.
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Docket R01-1: January 1, 2000, through June 30, 2000
USEPA amended the federal UIC regulations on four occasions during the period
January 1, 2000, through June 30, 2000. Each is summarized below:
65 Fed. Reg. 5024 (February 2, 2000)
USEPA corrected its amendments of December 7, 1999.
65 Fed. Reg. 14472 (March 17, 2000)
USEPA vacated the hazardous waste listings and LDRs for organobromine production
wastes (formerly USEPA hazardous waste numbers K140 and U408) that it initially
adopted on May 4, 1998 (63 Fed. Reg. 24596). One segment of these amendments vacating
the LDRs relates to the underground injection of these wastes.
65 Fed. Reg. 30886 (May 15, 2000)
USEPA adopted a series of amendments to various of its National Pollutant Discharge
Elimination System (NPDES) permit rules intended to streamline the regulations. One
aspect of the amendments affects the federal UIC permit rules.
65 Fed. Reg. 36365 (June 8, 2000)
USEPA corrected its action of March 17, 2000.
Later UIC Amendments of Interest
The Board engages in ongoing monitoring of federal actions. As of the date of this opinion
and accompanying order, we have identified no USEPA actions since June 30, 2000, that further
amend the UIC rules. When the Board observes an action outside the nominal timeframe of a
docket that would require expedited consideration in the pending docket, the Board expedites
consideration of those actions. Federal actions that could warrant expedited consideration include
those that directly affect the amendments involved in this docket, those for which compelling
reasons would warrant consideration as soon as possible, and those for which the Board has
received a request for expedited consideration.
Summary Listing of the Federal Actions Forming the Basis of the Board’s Actions
in this Consolidated Docket
Based on the foregoing, the federal actions that form the basis for Board action in this
update docket are as follows, in chronological order:
64 Fed. Reg. 68546
(December 7, 1999)
Class V injection well amendments.
64 Fed. Reg. 70316
(December 16, 1999)
Corrections to the amendments of December 7, 1999.
65 Fed. Reg. 5024
(February 2, 2000)
Corrections to the amendments of December 7, 1999.
4
65 Fed. Reg. 14472
(March 17, 2000)
Withdrawal of the organobromine production waste listings and
LDRs.
65 Fed. Reg. 30886
(May 15, 2000)
Streamlining amendments to the NPDES permit rules, including an
amendment to the UIC permit rules.
65 Fed. Reg. 36365
(June 8, 2000)
Correction to the action of March 17, 2000.
PUBLIC COMMENTS
The Board will receive public comments on this proposal for a period of 45 days
following its publication in the
Illinois Register
. After that time, the Board will immediately
consider adoption of the amendments, making any necessary changes made evident through the
public comments. The Board will delay filing any adopted rules with the Secretary of State for 30
days after adoption, particularly to allow additional time for USEPA to review the adopted
amendments before they are filed and become effective. The complete text of the proposed
amendments appears at the end of this opinion and order.
DISCUSSION
The following discussion begins with a description of the types of deviations the Board
makes from the literal text of federal regulations in adopting identical-in-substance rules. It is
followed by a discussion of the amendments and actions undertaken in direct response to the
federal actions involved in this proceeding. This first series of discussions is organized by federal
subject matter, generally appearing in chronological order of the relevant
Federal Register
notices
involved. Finally, this discussion closes with a description of the amendments and actions that are
not directly derived from the federal actions.
General Revisions and Deviations from the Federal Text
In incorporating the federal rules into the Illinois system, some deviation from the federal
text is unavoidable. This deviation arises primarily through differences between the federal and
state regulatory structure and systems. Some deviation also arises through errors in and problems
with the federal text itself. The Board conforms the federal text to the Illinois rules and regulatory
scheme and corrects errors that we see in the text as we engage in these routine update
rulemakings.
In addition to the amendments derived from federal amendments, the Board often finds it
necessary to alter the text of various passages of the existing rules as provisions are opened for
update in response to USEPA actions. This involves correcting deficiencies, clarifying
provisions, and making other changes that are necessary to establish a clear set of rules that
closely parallel the corresponding federal requirements within the codification scheme of the
Illinois Administrative Code.
The Board updates the citations to the
Code of Federal Regulations
to the most recent
version available. As of the date of this opinion, the most recent version of the
Code of Federal
Regulations
available to the Board is the July 1, 1999 version. Thus, we have updated all
5
citations to the 1999 version, adding references to later amendments using their appropriate
Federal Register
citation, where necessary.
The Board substituted “or” for “/” in most instances where this appeared in the federal
base text, using “and” where more appropriate. The Board further used this opportunity to make a
number of corrections to punctuation, grammar, spelling, and cross-reference format throughout the
opened text. We changed “who” to “that” and “he” or “she” to “it,” where the person to which the
regulation referred was not necessarily a natural person, or to “he or she,” where a natural person
was evident; changed “which” to “that” for restrictive relative clauses; substituted “must” for
“shall”; capitalized the section headings and corrected their format where necessary; and corrected
punctuation within sentences.
In addition, the federal rules have been edited to establish a uniform usage throughout the
Board’s regulations. For example, with respect to “shall,” “will,” and “may,” “must” is used
when an action is required by the rule, without regard to whether the action is required of the
subject of the sentence or not. “Shall” is no longer, since it is not used in everyday language.
Thus, where a federal rule uses “shall,” the Board substitutes “must.” This is a break from our
former practice where “shall” was used when the subject of a sentence has a duty to do something.
“Will” is used when the Board obliges itself to do something. “May” is used when choice of a
provision is optional. “Or” is used rather than “and/or,” and denotes “one or both.” “Either . . .
or” denotes “one but not both.” “And” denotes “both.”
The Joint Committee on Administrative Rules JCAR has requested that the Board refer to
the United States Environmental Protection Agency in the same manner throughout all of our bodies
of regulations—
i.e.
, air, water, drinking water, RCRA Subtitle D (municipal solid waste landfill),
RCRA Subtitle C (hazardous waste), underground injection control (UIC), etc. The Board has
decided to refer to the United States Environmental Protection Agency as “USEPA.” We will
continue this conversion in future rulemakings as additional sections become open to amendment.
We will further convert “EPA” used in federal text to “USEPA,” where USEPA is clearly
intended.
The Board has assembled tables to aid in the location of these alterations and to briefly
outline their intended purpose. The tables set forth the miscellaneous deviations from the federal
text and corrections to the pre-amended base text of the rules in detail. The tables are set forth and
explained beginning at page 12. There is no further discussion of most of the deviations and
revisions elsewhere in this opinion.
Discussion of Particular Federal Actions
Regulations for Certain Class V Injection Wells—Parts 704 and 730
USEPA adopted amendments to the UIC regulations on December 7, 1999 (64 Fed. Reg.
68546) that impose requirements on certain Class V injection wells. The principal Class V wells
affected are new and existing large capacity cesspools and motor vehicle waste injection wells.
USEPA corrected these Class V well rules on December 16, 1999 (64 Fed. Reg. 70316), and
February 2, 2000 (65 Fed. Reg. 5024). The new requirements derive from the settlement in Sierra
6
Club v. Browner, No. 93-2644 (D.D.C.). Under the settlement, USPEA undertook a study of the
impact of Class V wells on groundwater quality. The current rules are the first installment of
regulations prompted by that study.
The new Class V injection well rules designate as “existing wells” those wells currently in
operation or under construction by April 5, 2000. Those wells that are not existing wells are
designated as “new injection wells.” The rules prohibit construction and operation of new or
converted cesspools and motor vehicle waste disposal wells. The owner or operator of an
existing cesspool must notify authorities and close the well by April 5, 2005. The fate of an
existing motor vehicle waste disposal well depends on its location and the status of the State
groundwater protection program where the well is located. In brief, for a motor vehicle waste
disposal well that is located in a “ground water protection area” or “other sensitive ground water
area,” as designated by the State, the owner or operator must obtain a permit or close the well by
dates specified in the rules.
The Board has incorporated the federal amendments into the appropriate segments of the
UIC regulations. We have done so with the deviations from the text of the federal amendments that
are necessary to conform the requirements to the Illinois regulations. While USEPA used its
“user-friendly” format for the federal rule, which the Board has converted to a more traditional
direct format, while still retaining the substance of the federal rules. As a result, the volume of
deviations from the literal text of the federal amendments is greater than normal for an identical-in-
substance proceeding. Persons interested in the substance of the underlying federal action should
refer to the notices that appeared in the December 7 and 16, 1999, and February 2, 2000 issues of
the
Federal Register
. The tables that begin at page 12 of this opinion outline the deviations that
the Board has made in adapting the text of the federal amendments.
A few of the issues raised during the course of adapting the federal rules for incorporation
into the Illinois rules warrant specific mention in this discussion. Most of these relate to the
groundwater protection aspects of the rule. These are specifically the following: (1) the federal
names given required elements of the State program do not directly correlate with the names used
in Illinois law; (2) various segments of the rules refer to federal requirements imposed on the State
and not on regulated entities; (3) other segments of the rules impose requirements on regulated
entities depending on the status of the State program; and (4) certain requirements clearly do not
apply to entities in Illinois by their own terms. Other issues relate instead to the structure and
content of the rules and have nothing to do with the groundwater protection aspects.
Under Section 1453 of SDWA (42 U.S.C. § 300j-13 (1998)), federal law provides for
source water assessment programs administered by the states. The states are to delineate the
boundaries of areas where groundwater is used as a source of drinking water. Illinois was
required to submit a program for USEPA review and approval and was to begin implementation of
the program immediately after USEPA approval. Illinois’ program can include elements of
existing state programs intended to protect groundwater resources.
In Illinois, there are two statutes intended to protect groundwater resources used as sources
of drinking water. First, Sections 14.1 through 14.6 of the Act (415 ILCS 5/14.1-14.6 (1998))
establish minimum setback zones around community supply wells and other potable water supply
7
wells, and Sections 17.1 through 17.4 of the Act (415 ILCS 5/17.1-17.4 (1998)) provide for the
evaluation of the adequacy of minimum setback zones around community water well supply wells
and the establishment of a more extensive regulated recharge area around the wells as necessary to
protect groundwater. The regulations of 35 Ill. Adm. Code 615 through 617 implement those
provisions of the Act. Second, the Illinois Groundwater Protection Act (IGPA) (415 ILCS 55/8
(1998)) provides for the classification of groundwater resources in this State, based on the use and
quality of the particular water, and for the establishment of groundwater quality standards for the
water in the various classes. The regulations of 35 Ill. Adm. Code 620 classify Illinois
groundwater resources and set forth the required groundwater quality standards. It is a violation
of the Environmental Protection Act and Board regulations to cause a violation of the groundwater
standards. See 415 ILCS 5/12(a) (1998) and 35 Ill. Adm. Code 620.115 (1998).
None of the groundwater protection provisions are directly involved in the December 7,
1999 federal Class V injection well regulations. However, the Class V well rules refer
extensively to groundwater protection and the status of the State groundwater protection program.
The federal rules define and refer to “ground water protection area” and “other sensitive ground
water area.” At Section 144.86(c), USEPA defines a “ground water protection area” as a
geographic area near or around the well used by a community water system or non-transient non-
community water system (both defined in the drinking water regulations at 35 Ill. Adm. Code
611.101). 40 C.F.R. 144.86(c), as added at 65 Fed. Reg. 68546, 68569 (December 7, 1999). At
40 C.F.R. 144.86(g), USEPA defines an “other sensitive ground water area” as an area other than
a “ground water protection area” that is “critical to protecting underground sources of drinking
water from contamination.” 40 C.F.R. 144.86(g), as added at 65 Fed. Reg. 68546, 68569
(December 7, 1999).
To deal with the first issue relating to the differences in phrasing used under the federal
rules and the existing Illinois provisions relating to the protection of groundwater resources, the
Board has retained the federal phrasing throughout the Class V well regulations. Thus, the Board
has retained the names “groundwater protection area” and “other sensitive groundwater area,”
with the only changes being rendering “groundwater” as a single word and the addition of the
word “groundwater” to the federal “other sensitive area” in Section 704.286. The Board,
however, has added to the definitions in Section 704.286 a statement to the effect that a “setback
zone,” as defined in Section 3.61 of the Act (415 ILCS 5/3.61 (1998)) and regulated pursuant to
Sections 14.1 through 14.6 of the Act (415 ILCS 5/14.1-14.6 (1998)), is considered a
“groundwater protection area,” and that a “regulated recharge area,” as defined in Section 3.67 of
the Act (415 ILCS 5/3.67 (1998)) and regulated pursuant to Sections 17.1 through 17.4 of the Act
(415 ILCS 5/17.1-17.4 (1998)), is considered an “other sensitive groundwater area.”
The Board has not added references to the IGPA and 35 Ill. Adm. Code 620 to either
definition. Although the IGPA and the Board regulations adopted to implement it, protect
groundwater quality, they do not prohibit the location of any type of facility in any class of
groundwater area, including Class III special resource groundwater area. It would be
inappropriate for the Board to effectively incorporate such a prohibition in the context of an
identical-in-substance proceeding like this one, since such a prohibition would not be derived
from some similar federal prohibition. Rather, the Board has added references in Board notes at
Section 704.285(b) and at the definition of “State drinking water source assessment and protection
8
program” in Section 704.286 that acknowledge the significance of the IGPA and associated rules
to the protection of groundwater in Illinois. If the Agency feels that Class III or any other class of
groundwater should be included as either a “groundwater protection area” or “other sensitive
groundwater area” as used in the Class V injection well rules, it should submit a rulemaking
proposal before the Board to that effect pursuant to Sections 27 and 28 of the Act.
The second and third sets of issues that the Board confronted in this proceeding also relate
to the federal requirements that the State designate groundwater protection areas and other
sensitive groundwater areas. Certain segments of the federal Class V injection well rules outline
the federal requirements that the State follow in designating these areas. There are two groups of
rules that do this.
One group of the “state-requirement” rules appears to outline the federal requirements
imposed on the states for the purpose of informing the regulated community. An example includes
40 C.F.R. 144.87(b). The language of subsection (b) outlines what the states must do, then sets
forth the applicability of certain requirements should the states fail to fulfill those obligations. It
outlines the effects on the regulated community of a state’s failure to fulfill its obligations. It is not
possible at this time for the Board to determine that Illinois had fulfilled these requirements for
state action. Accordingly, the impact of a failure to satisfy these requirements might have
significant impact on what requirements apply to a facility in this State. In this instance, the Board
kept the federal language, adding an explanatory Board note about the requirements imposing
obligations only on the State.
The other group of “state-requirement” rules has nothing to do with what is imposed on
regulated entities. Examples include 40 C.F.R. 144.87(c) and (h). The language of subsection (c)
includes a reiteration of the deadline for state action and outlines the availability of a federal
extension of that deadline. Since the deadline appears in the preceding subsection, the Board
omitted a reiteration of the deadline and included only the language relating to the effect of an
extension of the deadline. The language retained includes certain deadlines for action by the
regulated community that are contingent on the regulatory status of the Illinois Program. In
subsection (h), USEPA outlined action that it encourages states to undertake, none of which relates
to implementation of the substantive requirements of the Class V well rule. Thus, the Board
replaced major segments of the federal language of subsection (h) with a Board note explaining
that we had omitted federal language encouraging the state to undertake certain actions but not
imposing any requirements on the regulated community.
As to those provisions that clearly do not apply in Illinois, the Board has omitted those,
inserting explanatory Board notes in appropriate segments of the rules. This occurred in Section
704.283(b). Corresponding 40 C.F.R. 144.83(b), relating to notification, imposes requirements
based on the primacy status of the applicable state. Since that table itself lists Illinois as a
“Primacy State,” it was unnecessary for the Board to include the requirements applicable to a
facility in a “Direct Implementation State.”
One deviation from the literal text of the federal rule was intended to remove a redundancy
and an area of potential conflict. New provision 40 C.F.R. 144.80 defines a Class V injection
well by exclusion,
i.e.
, it does so by outlining the various classes of injection wells and defining a
9
Class V well as one that is not within another class. This language is nearly identical to that of 40
C.F.R. 144.6, from which 35 Ill. Adm. Code 704.106 is derived. The Board has removed the
duplicate language from 40 C.F.R. 144.80 in new Section 704.280 and replaced it with language
indicating that a Class V injection well is defined in Section 704.106.
Another deviation from the structure of the federal rule involved changing the requirements
in the tables at new 40 C.F.R. 144.88 to the standard subsection format in corresponding 35 Ill.
Adm. Code 704.288. These provisions are key to the Class V well rule, and the Board believes
that they are more clearly understood in the standard format. The Board interprets the
requirements as follows: if the condition of column one is true of the facility and the condition of
one cell in column two is also true, then the adjacent cell in column three indicates the requirement
that applies. We further interpret USEPA’s intent to be that all of the conditions set forth in the
first column are considered alternatives to be read in conjunction with the corresponding condition
in the first column. Thus, the conditions in cells (1)(i), (1)(ii), (1)(iii), etc. are each alternatives to
one another.
A final set of deviations from the literal text of the federal rule is intended to clarify
ambiguity in the rule. USEPA repeatedly refers to the additional requirement of new Subpart I.
One section, 40 C.F.R. 144.88, defines the additional requirements. Thus, the Board has
repeatedly changed the reference to read “the additional requirements of Section 704.288” at
Sections 704.284(b)(2); 704.285(a), (b), and (c); 704.286; and 704.287(h). In 40 C.F.R.
144.88(a), USEPA refers to “new requirements,” and in 40 C.F.R. 144.88(c), USEPA refers to
both “new requirements” and “rule requirements.” In context, the Board reads these as meaning
the same as “additional requirements,” so we have changed to this wording in corresponding
Section 704.288(a) and (c).
Finally, the Board has added Board notes explaining the right of an owner or operator to
appeal certain Agency determinations to the Board pursuant to Section 40 of the Act (415 ILCS
5/40 (1998)). In 40 C.F.R. 144.87(b)(2), (e), and (h) and 144.88(b)(1)(i), (b)(1)(ii), and
(b)(1)(v), the State may extend the deadline for an owner or operator to comply if it determines
that the most efficient compliance option is connection to a sanitary sewer or installation of new
treatment technology. While the Agency is given discretion to determine whether or not the most
efficient compliance option is indeed connection to a sanitary sewer or the installation of new
technology, the Board cannot allow the Agency the additional discretion of determining whether or
not to extend the deadline for compliance. The Board then added a Board note explaining the right
to appeal the Agency determination. Similarly, under At corresponding Sections 704.287(b)(2),
(e), and (h) and 704.288(b)(1)(A), (b)(1)(B), and (b)(1)(E), the rule provides that the Agency must
extend the deadline if it makes the compliance determination, and a Board note explains the right to
appeal.
The Board requests public comment on incorporation of the December 17, 1999 federal
Class V injection well rule and the subsequent corrections of December 16, 1999, and February 5,
2000.
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Organobromine Production Waste Rule—Section 738.118
On March 17, 2000 (65 Fed. Reg. 14472), USEPA withdrew the hazardous waste listings
for organobromine production wastes (USEPA hazardous waste numbers K140 and U408) and the
associated LDRs for these wastes. This was in response to a court order in Great Lakes Chemical
Corp. v. EPA, No. 98-1312, 1999 WL 322757 (D.C. Cir. April 9, 1999), which vacated the
listings. On June 8, 2000 (65 Fed. Reg. 36365), USEPA corrected its March 17, 2000 action. The
Board incorporated all the RCRA Subtitle C hazardous waste aspects of the March 17, 2000
federal withdrawal in the previous hazardous waste update, RCRA Subtitle C Update, USEPA
Regulations (July 1, 1999, through December 31, 1999) (May 18, 2000), R00-13. A segment of
the withdrawn LDRs restricted underground injection of these wastes, and it is that segment that is
involved in this present docket.
USEPA adopted the recently-withdrawn organobromine waste rule on May 4, 1998 (63
Fed. Reg. 24596). The Board incorporated the hazardous waste listings and associated LDRs in
RCRA Subtitle C Update, USEPA Regulations (July 1, 1997, through December 31, 1997)
(December 17, 1998), R98-21/R99-2/R99-7 (Consolidated). The effect of the March 17, 2000
federal withdrawal is that organobromine production wastes are no longer listed hazardous
wastes, so that there is no longer a restriction on their disposal by underground injection.
The Board has incorporated the March 17, 2000 and June 8, 2000 federal actions into the
present update docket. The Board has incorporated the federal revisions into Section 738.118
without significant deviation from the federal text. The single minor deviation from the federal text
is listed in the table that begins at page 12 of this opinion. The Board directs attention to the
federal notice of final actions in the March 17, 2000 and June 8, 2000 issues of the
Federal
Register
for further details of the federal decision to withdraw the hazardous waste listings for
organobromine production wastes.
The Board requests public comment on our incorporation of the March 17, 2000
withdrawal of and June 8, 2000 correction of the restrictions on injection of the former USEPA
hazardous waste numbers K140 and U408.
Streamlining Amendments to the NPDES Rules
USEPA adopted a series of amendments on May 15, 2000 (65 Fed. Reg. 30886), intended
to streamline its NPDES rules. Included among the various amendments was an amendment to 40
C.F.R. 144.52, which is a UIC program rule. The amendment involved the removal of a cross-
reference to the NPDES rules. Corresponding 35 Ill. Adm. Code 702.160 in the Illinois rules does
not include a similar cross-reference. Accordingly, the Board sees no need to amend the Illinois
rules in response to this federal action. Thus, no similar amendment is included in this docket.
The Board requests public comment on our decision not to act in response to the May 15,
2000 federal streamlining amendments to the NPDES rules.
11
Agency or Board Action
Section 7.2(a)(5) of the Act requires the Board to specify for which portions of the
program USEPA will retain decision making authority. Based on the general division of functions
within the Act and other Illinois statutes, the Board is also to specify which State agency is to
make decisions.
In situations in which the Board has determined that USEPA will retain decision-making
authority, the Board has replaced “Regional Administrator” with USEPA, so as to avoid
specifying which office within USEPA is to make a decision.
In some identical-in-substance rules, certain decisions pertaining to a permit application
are not appropriate for the Agency to consider. In determining the general division of authority
between the Agency and the Board, the following factors should be considered:
1.
Whether the person making the decision is applying a Board regulation, or taking
action contrary to (“waiving”) a Board regulation. It generally takes some form of
Board action to “waive” a Board regulation.
2.
Whether there is a clear standard for action such that the Board can give meaningful
review to an Agency decision.
3.
Whether the action would result in exemption from the permit requirement itself. If
so, Board action is generally required.
4.
Whether the decision amounts to “determining, defining or implementing
environmental control standards” within the meaning of Section 5(b) of the Act. If
so, it must be made by the Board.
There are four common classes of Board decisions: variance, adjusted standard, site-
specific rulemaking, and enforcement. The first three are methods by which a regulation can be
temporarily postponed (variance) or adjusted to meet specific situations (adjusted standard or site-
specific rulemaking). There often are differences in the nomenclature for these decisions between
the USEPA and Board regulations.
Discussion of Miscellaneous Housekeeping Amendments
The tables below list numerous corrections and amendments that are not based on current
federal amendments. The first table (beginning immediately below) includes deviations made in
this Proposal for Public Comment from the verbatim text of the federal amendments. The second
table (beginning below at page 31) contains corrections and clarifications that the Board made in
the base text involved in this proposal. The amendments listed in this second table are not directly
derived from the current federal amendments. Some of the entries in these tables are discussed
further in appropriate segments of the general discussion beginning at page 4 of this opinion.
Table 1:
12
Deviations from the Text of the Federal Amendments
Illinois Section
40 C.F.R. Section
Revision(s)
702.110 “cesspool”
144.3
Placed the defined term in quotation marks;
removed an unnecessary comma; changed
“and/or” to “or”
702.110 “drywell”
144.3
Placed the defined term in quotation marks;
added “that is”; added a comma to offset a
parenthetical
702.110 “improved
sinkhole”
144.3
Placed the defined term in quotation marks;
added “that is”; changed “which” to “that”
for a restrictive relative clause
702.110 “point of
injection”
144.3
Placed the defined term in quotation marks
702.110 “sanitary
waste”
144.3
Placed the defined term in quotation marks;
added a comma to offset a parenthetical
702.110 “septic
system”
144.3
Placed the defined term in quotation marks;
removed the quotation marks for the word
“well”; changed “that” to “which” for a
subsequent restrictive relative clause
702.110 “subsurface
fluid distribution
system”
144.3
Placed the defined term in quotation marks
702.110 “well”
144.3
Removed an unnecessary conjunction “or”
from between the first and second elements
of a three-element series; removed an
unnecessary comma from after the
conjunction “or”
704.Table of Contents
144 Table of Contents
Altered the heading for Subpart I and the
Section headings in that Subpart, as
explained below for the Subpart and Section
headings in the text of the rule
704.106(a)(3)
144.6(a)(3)
Changed “which” to “that” to offset a
restrictive relative clause
704.145(c)
144.23(c)
Changed “that” to “which” for a subsequent
restrictive relative clause; changed “EPA”
to “USEPA”; omitted the unnecessary words
“or a State,” since this State is not able to
authorize the injection under CERCLA;
added a general reference to Agency
authorization by permit
704.146(a)
144.24(a)
Added “set forth”
Subpart I Heading
144, Subpart G
Omitted “owners and operators of”
13
704.279
144.79
Changed “tells you” to “sets forth”; changed
“apply if you own or operate” to
“applicable to the owner or operator of”;
omitted “you May also be required to
follow”; changed “in the rest of” to
“elsewhere in”; added “May also apply”;
changed “these” to “those”; added “in this
Subpart”; added “intended”; used lower
case “underground injection control (UIC)
program”; replaced the reference to the
federal SDWA to a reference to Section
13(c) of the Act; omitted language
explaining the federal format
704.279 Board note
144.79
Added a citation to the federal source of this
provision; added an explanation of the
Board’s decision not to follow the federal
format for this Subpart
704.280 heading
144.80
Changed “what is” to “definition of”;
deleted question mark
704.280
144.80
Replaced the definition in subsections (a)
through (e) with a cross-reference to the
definition of Section 704.106 (derived from
40 CFR 144.6), leaving the added
explanatory text of subsection (e)
704.280(e)
144.80(e)
Changed “you place” to “placed”; changed
“your” to “the”
704.280 Board note
144.80
Added a citation to the federal source of this
provision
704.281 heading
144.81
Changed “does this subpart apply to me?” to
“examples of class V injection wells”
704.281
144.81
Changed the opening statement of
applicability to one stating that the following
listing are examples of wells to which the
Subpart applies, in order to avoid conflict
with the applicability statement in Section
704.279 (derived from 40 C.F.R. 144.79);
changed the subsection numbers (1) through
(16) to the appropriate letters (a) through (p)
14
704.281(b)
144.81(2)
Added a comma before “including” to offset
a parenthetical; hyphenated “multiple-
dwelling”; removed an unnecessary comma
before “containing”; changed “which” to
“that” for a restrictive relative clause
(twice); added a comma before “nor” to
offset a parenthetical; added “do they
apply”; added “which” for a subsequent
restrictive relative clause; changed the
ending punctuation to a semicolon for
consistency
704.281(c)
144.81(3)
Added “that are”
704.281(d)
144.81(4)
Added “that are”
704.281(e)
144.81(5)
Added “that are”
704.281(f)
144.81(6)
Added “that are”
704.281(g)
144.81(7)
Added “that are”
704.281(h)
144.81(8)
Added “that are”; changed the ending
punctuation to a semicolon for consistency
704.281(i)
144.81(9)
Added “that are”; changed “which” to “that”
for a restrictive relative clause; added
“which” for a subsequent restrictive relative
clause; changed the ending punctuation to a
semicolon for consistency
704.281(j)
144.81(10)
Added “that are”
704.281(k)
144.81(11)
Added a comma to offset the final element of
a three-element series
704.281(l)
144.81(12)
Added “that are”
704.281(m)
144.81(13)
Added “that are”
704.281(n)
144.81(14)
Added “that are”; changed the ending
punctuation to a semicolon for consistency
704.281(o)
144.81(15)
Added “that are”; changed the ending
punctuation to a semicolon for consistency;
added the ending conjunction “and”
704.281(p)
144.81(16)
Added “which” for a subsequent restrictive
relative clause; added the indefinite articles
“a” and “an” (three times); changed “new
and used car dealership” to “new or used
car dealership”; changed the reference to the
primary drinking water regulations to cite
the Illinois regulations at 35 Ill. Adm. Code
611, instead of the federal regulations at 40
C.F.R. 142; changed “which” to “that” for a
restrictive relative clause
704.281 Board note
144.81
Added a citation to the federal source of this
provision
15
704.282 heading
144.82
Changed “what must I do to protect” to
“protection of”; dropped the ending question
mark
704.282 preamble
144.82
Changed the opening statement “if you own
or operate any type of Class V well, the
regulations below require that you cannot”
to “this Subpart I requires that an owner or
operator of a Class V injection well must
not”; added “that” for clarity to the second
through fourth restrictive relative clauses in
a series; changed “you” to “the owner or
operator” (five times); changed “your State”
to “the State”; changed “your well” to “its
well” (twice); changed “is” to “are”; added
a Board note citing the source of this
provision
704.282(a)(1)
144.82(a)(1)
Changed “your” to “an owner’s or
operator’s” (twice); changed the reference
to the primary drinking water regulations to
cite the Illinois regulations at 35 Ill. Adm.
Code 611, instead of the federal regulations
at 40 C.F.R. 142
704.282(a)(2)
144.82(a)(2)
Changed “Director of the UIC Program in
your State or EPA Region” to “the Agency
or USEPA”; changed “your” to “an owner’s
or operator’s”; changed “he or she” to “the
Agency or USEPA”; changed “you” to “the
owner or operator” (twice); changed “your”
to “its”
704.282(b)
144.82(b)
Changed “you” to “an owner or operator”;
changed “you” to “the owner or operator”;
used lower-case “federal”
704.282(c)
144.82(c)
Changed the reference to “Parts 144 through
147” to cite the Illinois regulations at “this
Part and 35 Ill. Adm. Code 702 and 730”
(twice); changed “you” to “the owner or
operator” (twice); changed “need” to
“needs”; added “all of”; changed “these
other parts” to “this Part and 35 Ill. Adm.
Code 702 and 730”
16
704.282(d)
144.82(d)
Changed “EPA” to “USEPA”; changed the
reference to “Parts 144 through 147” to cite
the Illinois regulations at “this Part and 35
Ill. Adm. Code 702 and 730”; used lower-
case and hyphenated “federally-derived”;
changed “EPA Regional Offices” to “the
Agency and USEPA Region V”; changed the
reference to “parts 144 through 147” to cite
both the Illinois and federal regulations at
“this Part and 35 Ill. Adm. Code 702 and
730 and 40 CFR 144 through 147”; changed
“believed” to “such additional requirements
are determined”; omitted sentence stating
that “States can . . . protect USDWs”;
changed “you” to “the owner or operator”;
broke a compound sentence for clarity;
Added “the owner or operator should”;
changed “State or EPA Region” to “Agency
or USEPA Region V”
704.282 Board note
144.82
Added a citation to the federal source of this
provision
704.283 heading
144.83
Changed “do I need to notify anyone about
my” to “notification of a”; dropped the
ending question mark
704.283 preamble
144.83
Changed “yes, you need” to “the owner or
operator of a Class V injection well needs”;
changed “your” to “its”; changed “UIC
Director” to “Agency”; changed “you
haven’t” to “the owner or operator has not
done so”; changed “you also need” to “the
owner or operator also needs”; changed
“your Program Director” to “the Agency”
704.283(a)
144.83(a)
Changed “you know you have” to “the owner
or operator knows it has”; changed “you” to
“the owner or operator”; changed “UIC
Program Director” to “Agency”; changed
“yourself” to “itself”; changed “your” to
“its”
704.283(a) Board note
144.83 note
Changed “note” to “Board note”
17
704.283(a)(1)
144.83(a)(1)
Changed the format to incorporate the
pertinent tabular information relating to
primacy states into a single subsection,
eliminating inapplicable segments of the text
relating to direct implementation states and
segments relating to selection of the
appropriate segments of text; changed “State
UIC Program” to “the Agency”; added
“information”; changed “you” to “it”; added
“it must submit that information”
704.283(a)(1)
144.83(a)(1)
Deleted segments of the text stating
applicability to both direct implementation
and primacy state; changed “here” to “the
following”; changed “you” to “that the
owner or operator”
704.283(a)(1)(A)
144.83(a)(1)(i)
Changed “you own or operate” to “is owned
or operated”; changed “you” to “the owner
or operator”; changed “legal contact” to “a
legal contact person for the facility”; added
the definite article “the” (five times);
changed “well(s)” to “well or wells”
(twice)
704.283(a)(1)(B)
144.83(a)(1)(ii)
This provision was replaced with an
explanation that it was omitted because it
pertains exclusively in a “direct
implementation state”
704.283(a)(1)(C)
144.83(a)(1)(iii)
Changed “you” to “the owner or operator”;
changed “owned or operatoed” to “it owns
or operates”
704.283(a)(1)(C)(i)
144.83(a)(1)(iii)(A)
Added the definite article “the”; changed
“your” to “this”
704.283(a)(1)(C)(ii)
144.83(a)(1)(iii)(B)
Added the definite article “the”
704.283(a)(1)(C)(iii)
144.83(a)(1)(iii)(C)
Added the definite article “the”
704.283(a)(1)(C)(iv)
144.83(a)(1)(iii)(D)
Added the definite article “the”
704.283(a)(1)(C)(v)
144.83(a)(1)(iii)(E)
Added the indefinite article “a”
704.283(a)(1)(C)(vi)
144.83(a)(1)(iii)(F)
Added the definite article “the”
704.283(a)(1)(C)(vii)
144.83(a)(1)(iii)(G)
Added the definite article “the”
704.283(a)(1)(C)(viii)
144.83(a)(1)(iii)(H)
Added the definite article “the”
704.283(a)(1)(C)(ix)
144.83(a)(1)(iii)(I)
Added the definite article “the”
704.283(a)(3)
144.83(a)(3)
Deleted segments of the text stating
applicability to both direct implementation
and primacy state; changed “you are” to
“that the owner or operator is”
18
704.283(b)
144.83(b)
This provision was replaced with an
explanation that it was omitted because it
pertains exclusively in a “direct
implementation state”
704.283 Board note
144.83
Added a citation to the federal source of this
provision
704.284 heading
144.84
Changed “do I need to get a permit” to
“permit requirements”; dropped the ending
question mark
704.284 preamble
144.84
Changed “no” to “no permit is required for a
Class V injection well”; changed “you fall”
to “the owner or operator falls”; changed
“below” to “in subsection (b) of this
Section”
704.284(a)
144.84(a)
Changed “your” to “an owner’s or
operator’s”; changed “you have” to “that the
owner or operator has”; changed “the UIC
Program” to “this Part and 35 Ill. Adm.
Code 702 and 730”; changed “you don’t
have” to “the owner or operator does not
need”; changed “you have” to “the owner or
operator has”; changed “your” to “its”
704.284(b)
144.84(b)
Changed the opening descriptive statement
to lower case; changed “you fit” to “an
owner or operator fits”; changed “your” to
“its”; changed “you” to “the owner or
operator”; added “whether . . . categories”;
changed “the UIC Program Director or EPA
Region” to “the Agency or USEPA Region
V”; Changed “Subpart D of this Part” to
“Subparts D and H of this Part”; changed
“Subpart E of this Part outlines” to “Subpart
C of 35 Ill. Adm. Code 702 and Subpart E of
this Part outline”; changed “you” to “the
owner or operator”; changed “you get” to “it
gets”; added the introductory statement “An
owner or operator . . . if any of the following
is true:”
704.284(b)(1)
144.84(b)(1)
Changed “you fail” to “the owner or
operator fails”; changed “of” to “against”;
changed “you have to” to “the owner or
operator must”; changed “your” to “its”;
changed “and/or” to “or”; changed “UIC
Program Director of your State or EPA
Region” to “Agency or USEPA Region V”
19
704.284(b)(2)
144.84(b)(2)
Changed “you own or operate a Class V
large-capacity cesspool” to “the Class V
injection well is a large-capacity cesspool”;
changed “below” to “set forth in Section
704.288”; changed “a Class V motor vehicle
waste disposal well” to “the Class V
injection well is a motor vehicle waste
disposal well”; added the indefinite article
“a”; changed “you” to “the owner or
operator”; changed “your” to “its”; added
“set forth” changed “this subsection” to
“Section 704.288”; deleted the past effective
date of April 5, 2000, but added a Board
note that references the corresponding
federal provision that includes the date
704.284(b)(3)
144.84(b)(3)
Changed “you are” to “the owner or
operator is”; changed “UIC Program
Director of your State or EPA Region” to
“Agency or USEPA Region V”; changed
“the rule authorization” to “the authorization
by rule”; changed “upon” to “on”; changed
“you are” to “the owner or operator is”;
changed “your” to “its”; added “the
occurrence either of the following”
704.284(b)(3)(A)
144.84(b)(3)(i)
Added the definite article “the”; added “of
the owner or operator”; added a comma
before “as specified” to offset a
parenthetical; changed “Director” to
“Agency”
704.284(b)(3)(B)
144.84(b)(3)(ii)
Added the definite article “the”; added the
indefinite article “a”
704.284(b)(4)
144.84(b)(4)
Changed “you have” to “the owner or
operator has”; changed “your UIC Program
Director” to “the Agency”; changed “you
are” to “the owner or operator is”; changed
“your” to “its”; changed “you comply” to “it
complies”
704.284(b)(5)
144.84(b)(5)
This provision was replaced with an
explanation that it was omitted because it
pertains exclusively in a “direct
implementation state”
704.284 Board note
144.84
Added a citation to the federal source of this
provision
20
704.285 heading
144.85
Changed “do these additional requirements
apply to me” to “applicability of the
additional requirements”; dropped the
ending question mark
704.285(a)
144.85(a)
Put introductory words in lower case; added
“set forth in Section 704.288”; omitted
unnecessary words “regardless of their
location”; changed “you are” to “the owner
or operator is” (twice); added a comma to
offset the “if” clause; changed “this subpart”
to “Section 704.288”
704.285(b)
144.85(b)
Put introductory words in lower case;
changed “you have” to “the owner or
operator has”; added a comma to offset the
“if” clause; changed “these requirements” to
“the additional requirements in Section
704.288”; changed “you” to “that owner or
operator”; changed “your” to “the”; changed
“State or EPA Region” to “the Agency, the
Board, or USEPA Region V”; omitted
language relating to a state failure to identify
groundwater protection areas or sensitive
groundwater areas; added a Board note
explaining this omission
704.285(c)
144.85(c)
Added “in Section 704.288”; deleted the
past effective date of April 5, 2000, but
added a Board note that references the
corresponding federal provision that
includes the date
704.285 Board note
144.85
Added a citation to the federal source of this
provision
704.286 heading
144.86
Changed “what are the definitions I need to
know” to “definitions”; dropped the ending
question mark
704.286 “state drinking
water source
assessment and
protection program”
144.86(a)
Used lower case for the defined term and
placed it in quotation marks; added a
reference to the section of SDWA involved,
including the citation to the
United States
Code
; added “Board Note: Under the
federal requirements”; changed “EPA” to
“USEPA”; changed “States” to “each state”;
added “the following”; added references to
the Act and Illinois Groundwater Protection
Act, including corresponding regulations
21
704.286 “complete
local source water
assessment for
groundwater protection
areas””
144.86(b)
Used lower case for the defined term
(twice) and placed its first appearance in
quotation marks, rendering “groundwater” as
a single word; changed “EPA” to “USEPA”;
changed “States” to “the state”; changed
“their State” to “that state”; changed “this
rule” to “this Subpart”; changed “four
requirements” to “the four following
requirements”; added the parenthetical “as
such . . .”; removed quotation marks from
“determine . . . contaminants”
704.286 “groundwater
protection area””
144.86(c)
Used lower case for the defined term and
placed it in quotation marks, dropping the
period that followed it and its repetition in
the following words; changed “and/or” to
“or”; changed to singular “a community or
non-transient non-community water system .
. . that uses”; added the parenthetical “as
defined . . .”; rendered “groundwater” as a
single word (twice); added a reference to
the Act definition of “setback zone”;
replaced “States are required” to “federal
law requires”; added the appropriate
citation to the
United States Code
; changed
“you” to “an owner or operator”; changed
“your” to “its”; broke a runon sentence,
replacing a comma with a period and
“Board Note: . . . that”; removed an
unnecessary comma; changed “as
delineated” to “delineated as described”;
added “federal” and an appropriate citation
to the
United States Code
704.286 “community
water system””
144.86(d)
Used lower case for the defined term and
placed it in quotation marks, dropping the
period that followed it and its repetition in
the following words; added the parenthetical
“as defined . . .”; added “which” for a
subsequent relative clause
22
704.286 “non-transient
non-community water
system””
144.86(e)
Used lower case for the defined term and
placed it in quotation marks, dropping the
period that followed it and its repetition in
the following words; added the parenthetical
“as defined . . .”; changed “a public water
system” to “is a water system”; added
“which” for a subsequent relative clause;
changed “government/military” to
government or military”
704.286 “delineation”
144.86(f)
Used lower case for the defined term and
placed it in quotation marks (twice);
changed “a State’s” to “the State’s”; used
lower case for “drinking water . . .
protection program”; used singular “State”;
rendered “groundwater” as a single word
704.286 “other
sensitive groundwater
areas”
144.86(g)
Used lower case for the defined term and
placed it in quotation marks; rendered
“groundwater” as a single word (four
times); changed “States” to “the State”;
added a reference to the Act definition of
“regulated recharge area”
704.286 Board note
144.86
Added a citation to the federal source of this
provision
704.287 heading
144.87
Changed “how does the identification of
ground water protection areas and other
sensitive ground water areas affect me” to
“location in a groundwater protection area
or another sensitive area”; dropped the
ending question mark
704.287(a)
144.87(a)
Changed “you are” to “a person is”; changed
“these new requirements” to “the
requirements of Section 288”; changed “you
own or operate” to “the person owns or
operates”; changed “you are” to “that person
is”; rendered “another” as a single word;
omitted language relating to a State failure to
identify areas, adding a Board note to
explain the omission and the existence of
various State laws relating to groundwater
protection
704.287(b)
144.87(b)
Used lower case for the opening phrase;
added text explaining that major segments of
this subsection outline requirements
applicable to the State, and that the Board
has included those segments for the purpose
of informing the regulated community
23
704.287(b)(1)
144.87(b)(1)
Changed “States are required” to “USEPA
requires the States”; changed “a State” to
“the State”
704.287(b)(1)(A)
144.87(b)(1)(i)
Used singular “the owner or operator” and
“a motor vehicle waste disposal well”;
changed “completed assessments” to “the
areas of the completed area assessments”
704.287(b)(1)(B)
144.87(b)(1)(ii)
Changed “EPA” to “USEPA”; changed
“progress on” to “progress toward”; added a
comma to offset the introductory conditional
phrase “if . . . extended date”; added a
comma to offset an independent clause “and
owners or operators . . .”
704.287(b)(2)
144.87(b)(2)
Changed “UIC Program Director may” to
“the Agency must”; added “if it determines
that”; added a Board note explaining the
right to appeal an Agency determination
704.287(c)
144.87(c)
Used lower case for the opening phrase;
omitted text outlining the effects of a state
failure to designate areas; changed “if a
State has been granted” to “if USEPA grants
the State”; added “of the time . . . areas”;
changed existing motor vehicle waste
disposal well owners and operators” to “the
owner or operator of an existing motor
vehicle waste disposal well” used singular
“a sensitive groundwater area has”; changed
“they are” to “the owner or operator is”;
changed “a State” to “the State”; omitted
“the rule requirements . . . State and” used
singular “an owner or operator has”;
changed “they are” to “it is”; added a Board
note explaining the omission, outlining the
Board’s interpretation of segments of the
federal langage, and directing attention to the
Illinois laws that protect groundwater
resources
24
704.287(d)
144.87(d)
Used lower case for the opening phrase;
omitted text outlining the effects of a state
failure to designate areas; changed “how to
find out if your” to “finding our if a”;
rendered “groundwater” as one word
(twice); replaced language imposing
informational requirements on the states with
language imposing the duty on the Agency to
maintain the information available for public
inspection and copying and giving Agency
contact information to determine if a well is
located in a groundwater protection area or
another sensitive groundwater area
704.287(e)
144.87(e)
Used lower case for the opening phrase;
moved the prepositional phrase “after
January 1, 2004”; changed “your State may
assess” to “if the State assesses”; combined
three sentences by replacing periods with a
commas, changing “also, your state may
officially re-delineate” to “or if the State re-
delineates,” adding “or if the State,” and
deleting “this would make”; used singular
“an additional area”; omitted redundant
language “that includes . . . well”; added “of
Section 704.288”; added “would”; changed
“you if” to “any”; changed “start applying”
to “apply”; changed “you” to “the affected
. . . well”; changed “UIC Program Director
responsible for your area may” to “Agency
must”; added “it determines that”; added a
Board note explaining the right to appeal an
Agency determination
704.287(f)
144.87(f)
Deleted the opening phrase; changed “If your
State or EPA Region” to “the State”; added
“of Section 704.288”; changed “you” to “all
Class V injection wells in the State”; added
a comma before and after “regardless of the
location”
25
704.287(g)
144.87(h)
Renumbered the subsection because USEPA
did not include a 40 C.F.R. 144.27(g); used
lower case for the opening phrase; rendered
“groundwater” as a single word (twice);
omitted language describing USEPA’s
expectations of the states; changed “the
Director may” to “the Agency must”; added
“in Section 704.288”; changed “you” to “an
owner or operator”; changed “even if you
are” to “even if the owner’s or operator’s
well is”; added “if the Agency . . .
environment” offset by a comma; added a
Board note explaining the right to appeal an
Agency determination and the omission of
some federal language
704.287 Board note
144.87
Added a citation to the federal source of this
provision
704.288 heading
144.88
Changed “what are the additional
requirements” to “additional requirements”;
dropped the ending question mark
704.288 preamble
144.88
Changed “specified in the following tables”
to “as follows”
704.288(a)
144.88(a)
Reformatted the table information into
subsections; changed “if these additional
requirements apply” to “the applicability of
these additional requirements”
704.288(a)(1)
144.88(a)(1)
Combined the column heading with the
information in the first column; changed
“your” to “the”; added a colon
704.288(a)(1)(A)
144.88(a)(1)(i)
Substituted “the owner or operator must” for
the column heading and combined it with the
information in the second column, then
combined the column heading with the
information in the third column
704.288(a)(1)(B)
144.88(a)(1)(ii)
Substituted “the owner or operator must” for
the column heading and combined it with the
information in the second column, then
combined the column heading with the
information in the third column; changed
“UIC Program Director” to “Agency”;
changed “your” to “its”
704.288(a)(1)(B)
Board note
144.88(a)(1)(ii) note
Changed “note” to “Board note”; changed
“national” to “the federal”; added “entitled”;
added “available . . . on request”
26
704.288(a)(2)
144.88(a)(2)
Combined the column heading with the
information in the first column, then
combined the headings with the information
in the second and third columns; changed
“your” to “the”; omitted the past date “April
5, 2000”; added a Board note referencing
the federal rule and the omitted date
704.288(b)
144.88(b)
Reformatted the table information into
subsections; changed “if these additional
requirements apply” to “the applicability of
these additional requirements”
704.288(b)(1)
144.88(b)(1)
Combined the column heading with the
information in the first column; changed
“your” to “the”; added “and any of the
following . . .”; added a colon
704.288(b)(1)(A)
144.88(b)(1)(i)
Combined the column heading with the
information in the second column, then
combined the column heading with the
information in the third column; Omitted the
opening “if”; changed “your” to “the”
(twice); changed “you” to “the owner or
operator”; changed “UIC Program Director
may” to “Agency must”; added “it
determines that”; added ending semicolon
and the conjunction “or”
704.288(b)(1)(B)
144.88(b)(1)(ii)
Combined the column heading with the
information in the second column, then
combined the column heading with the
information in the third column; omitted the
opening “if”; changed “your” to “the”;
rendered “groundwater” as a single word;
changed “you” to “the owner or operator”;
changed “UIC Program Director may” to
“Agency must”; added “it determines that”;
added ending semicolon and the conjunction
“or”
27
704.288(b)(1)(C)
144.88(b)(1)(iii)
Combined the column heading with the
information in the second column, then
combined the column heading with the
information in the third column; omitted the
opening “if”; changed “you plan” to “the
owner or operator” plans; moved the
prepositional phrase “by the date . . .
application,” offset by a comma; changed
“you submit” to “the owner or operator
submits”; changed “you” to “the owner or
operator”; changed “MCLs” to “the
maximum contaminant levels (MCLs) for
drinking water, set forth in 35 Ill. Adm.
Code 611”; changed “your” to “the” (twice);
changed “you choose” to “the owner or
operator chooses”; added ending semicolon
and the conjunction “or”
704.288(b)(1)(D)
144.88(b)(1)(iv)
Combined the column heading with the
information in the second column, then
combined the column heading with the
information in the third column; omitted the
opening “if”; changed “you receive” to “the
owner or operator” receives; changed “you”
to “the owner or operator”; moved the
prepositional phrase “by the date . . .
permit”; changed “you choose” to “the
owner or operator chooses”; changed “your”
to “the” (twice); added ending semicolon
and the conjunction “or”
704.288(b)(1)(E)
144.88(b)(1)(v)
Combined the column heading with the
information in the second column, then
combined the column heading with the
information in the third column; changed “if
your well is located in a State which” to
“the State”; placed the parenthetical
information “or . . . Section 704.287” in
parentheses; changed “your” to “the”;
changed “you are” to “the well is”; changed
“you” to “the owner or operator”; added a
comma before “unless” to offset
parenthetical information; added ending
semicolon and the conjunction “or”
28
704.288(b)(1)(F)
144.88(b)(1)(vi)
Combined the column heading with the
information in the second column, then
combined the column heading with the
information in the third column; changed “if
your well is in a State that” to “the State”;
changed “you are” to “the well is”; changed
“you” to “the owner or operator”; changed
“your” to “its”; added a comma before
“unless” to offset parenthetical information;
changed “your” to “the” (twice); added
ending semicolon and the conjunction “or”
704.288(b)(1)(G)
144.88(b)(1)(vii)
Combined the column heading with the
information in the second column, then
combined the column heading with the
information in the third column; changed “if
you plan” to “the owner or operator plans”;
changed “your” to “its” (twice); changed
“you” to “the owner or operator”; changed
“UIC Program Director” to “Agency”;
changed “your” to “the”; added ending
semicolon and the conjunction “or”
704.288(b)(1)(G)
Board note
144.88(b)(1)(vii) note
Changed “note” to “Board note”; changed
“national” to “the federal”; added “entitled”;
added “available . . . on request”
704.288(b)(1) Board
note
144.88(b)(1)
Added a Board note explaining the right to
appeal an Agency determination under
subsections (b)(1)(A), (b)(1)(B), or
(b)(1)(E)
704.288(b)(2)
144.88(b)(2)
Combined the column heading with the
information in the first column; changed
“your” to “the”; omitted the past effective
date “April 5, 2000”; added a Board note
referencing the federal rule and the omitted
date
704.288 Board note
144.88
Added a citation to the federal source of this
provision
704.289 heading
144.89
Changed “how do I close my Class V
injection well” to “closure of a Class V
injection well”; dropped the ending question
mark
704.289 preamble
144.89
Changed “your” to “a”; added a colon
29
704.289(a)(1)
144.89(a)(1)
Changed “you” to “the owner or operator”
(twice); added “set forth”; omitted a
sentence relating to additional state
standards; changed ”also must” to “must
also”; changed “your” to “the”; used lower
case “federal”; added “described”
704.289(a)(2)
144.89(a)(2)
Changed “you need” to “the owner or
operator needs” (twice); changed “your” to
“its” (twice); added “the following” (twice);
added the familiar abbreviation “POTW” in
parentheses; changed “you” to “the owner or
operator”; substituted “POTW” for
“publicly owned treatment works” (twice);
changed “your” to “the owner’s or
operator’s”
704.289(b)
144.89(b)
Changed “UIC Direcor” to “Agency”; added
“the following two conditions are fulfilled”;
added numbers in parentheses to clearly
delineate the conditions; omitted the
unnecessary semicolon before and comma
after the conjunction “and”
704.289 Board note
144.89
Added a citation to the federal source of this
provision
730.103 “cesspool”
146.3
Placed the defined term in quotation marks;
removed an unnecessary comma; changed
“and/or” to “or”
730.103 “improved
sinkhole”
146.3
Placed the defined term in quotation marks;
added “that is”; changed “which” to “that”
for a restrictive relative clause
730.103 “point of
injection”
146.3
Placed the defined term in quotation marks;
offset the parenthetical “for a Class V well”
by commas; added the indefinite article “a”;
used the singular “well”; added the definite
article “the”
730.103 “sanitary
waste”
146.3
Placed the defined term in quotation marks;
added a comma to offset a parenthetical
730.103 “septic
system”
146.3
Placed the defined term in quotation marks;
removed the quotation marks for the word
“well”; changed “that” to “which” for a
subsequent restrictive relative clause
730.103 “subsurface
fluid distribution
system”
146.3
Placed the defined term in quotation marks
30
730.103 “well”
146.3
Added a comma to separate the final two
elements of a series; removed the
conjunction “or” form between all bu the
final two elements of a series (twice);
removed an unnecessary comma after
“hole”’ removed an unnecessary comma
after the conjunction “or”
730.105(a)(3)
146.5(a)(3)
Changed “which” to “that” for a restrictive
relative clause; added “402 meters” and
hyphenated “one-quarter” and placed it in
parentheses for consistency
730.110(a)
146.10(a)
Added “injection”
730.110(b)
146.10(b)
Added “injection”; changed “shall” to
“must”
730.110(c)
146.10(c)
Added “injection”
730.110(c)(1)
146.10(c)(1)
Added “injection”; changed “shall” to
“must”; removed an unnecessary comma
from before “if the presence . . .”; added a
reference to the Illinois groundwater quality
standards “any of . . . 35 Ill. Adm. Code
620”
730.110(c)(2)
146.10(c)(2)
Changed “shall” to “must”; used lower-case
“federal”
738.118(h)
148.18(h)
Substituted an explanatory statement for a
provision marked “reserved” by USEPA
Table 2:
Board Housekeeping Amendments
Section
Source
Revision(s)
702.110 “area of
review”
Board
Changed “1/4” to “one-quarter”
702.110 “corrective
action management
unit”
Board
Changed “35 Ill. Adm. Code 724.Subpart S” to “Subpart S
of 35 Ill. Adm. Code 724”; changed “shall” to “must”
702.110 “elementary
neutralization unit”
Board
Changed “35 Ill. Adm. Code 721.Subpart D” to “Subpart D
of 35 Ill. Adm. Code 721”
702.110 “manifest”
Board
Changed “35 Ill. Adm. Code 722.Subpart B” to “Subpart B
of 35 Ill. Adm. Code 722”
702.110 “National
Pollutant Discharge
Elimination System”
Board
Changed “35 Ill. Adm. Code 309.Subpart A” to “Subpart A
of 35 Ill. Adm. Code 309”
702.110 “permit”
Board
Changed “35 Ill. Adm. Code 704.Subpart C” to “Subpart C
of 35 Ill. Adm. Code 704”
702.110 “remedial
action plan”
Board
Changed “35 Ill. Adm. Code 703.Subpart H” to “Subpart H
of 35 Ill. Adm. Code 703”
31
702.110 “wastewater
treatment unit”
Board
Changed “35 Ill. Adm. Code 309.Subpart A” to “Subpart A
of 35 Ill. Adm. Code 309”
702.110 Board note
Board
Updated the reference to the
Code of Federal Regulations
704. Source Note
Board
Restored the missing reference to the amendments of R94-
17
704.102
Board
Changed “will be adopted” to “is regulated”; changed
“Illinois Department of Mines and Minerals” to “Illinois
Department of Natural Resources, Office of Mines and
Minerals, Oil and Gas Division”; changed “Section 1425
of the SDWA . . .” to “the Illinois Oil and Gas Act . . .”;
changed “shall” to “must”; changed “704.Subpart C” to
“Subpart C of this Part”
704.102 Board Note
Board
Added “preamble” to the
Code of Federal Regulations
reference; updated the reference to the 1999 edition
704.105 Board Note
Board
Updated the reference to the
Code of Federal Regulations
to the 1999 edition and added a reference to a subsequent
amendment that appeared in the
Federal Register
704.106(a)(1)
Board
Corrected “and” to “an”
704.106(c)
Board
Restored the missing word “fluids”; corrected to plural
“minerals”
704.106(c)(2)
Board
Restored the missing word “mining”
704.106(d)(1)
Board
Added hyphenation to the compound “one-quarter”
704.106(d)(2)
Board
Corrected “owners or operators” to “owners and
operators” (twice)
704.106(d)(3)
Board
Corrected “owners or operators” to “owners and
operators”
704.106 Board Note
Board
Corrected the note format; updated the reference to the
Code of Federal Regulations
to the 1999 edition
704.145(b)(1)
Board
Changed “shall” to “must”
704.145(b)(3)
Board
Changed “shall” to “must”
704.145 Board note
Board
Updated the reference to the
Code of Federal Regulations
to the 1999 edition and added a reference to a subsequent
amendment that appeared in the
Federal Register
704.146 Board note
Board
Updated the reference to the
Code of Federal Regulations
to the 1999 edition and added a reference to a subsequent
amendment that appeared in the
Federal Register
704.148
Board
Changed “shall” to “must”; changed “subsection (d) or (e)
below” to “subsection (d) or (e) of this Section”
704.148(a)
Board
Changed “shall” to “must”
704.148(b)
Board
Changed “subsection (b)(1) below” to “subsection (b)(1)
of this Section”; changed “shall” to “must”; changed
“subsection (b)(2) below” to “subsection (b)(2) of this
Section”
32
704.148(b)(1)
Board
Added subsection (b)(1)(A) to correspond with 40 CFR
144.26(b)(1)(i), explaining that Class II wells are
regulated by the Department of Natural Resources;
renumbered subsections (b)(1)(A) and (b)(1)(B) to
subsections (b)(1)(B) and (b)(1)(C)
704.148(b)(2)
Board
Changed “subsection (b)(1) above” to “subsection (b)(1)
of this Section”; changed “shall” to “must”
704.148(b)(2)
Board
Added subsection (b)(2)(A) to correspond with 40 CFR
144.26(b)(2)(i), explaining that Class II wells are
regulated by the Department of Natural Resources;
renumbered subsections (b)(1)(A) through (b)(1)(I) to
subsections (b)(1)(B) and (b)(1)(J)
704.148(c)
Board
Changed “U.S. EPA” to “USEPA”
704.148(d)
Board
Changed “subsection (e) below” to “subsection (e) of this
Section”
704.148(d)(1)
Board
Changed “shall” to “must”
704.148(d)(2)
Board
Changed “U.S. EPA” to “USEPA” (twice); changed “shall”
to “must”
704.148(e)(1)
Board
Changed “U.S. EPA” to “USEPA”; changed “subsection
(d) above” to “subsection (d) of this Section”
704.148(e)(2)
Board
Changed “shall” to “must”
704.148(e)(3)
Board
Changed “shall” to “must”
704.148(e)(4)
Board
Changed “subsection (e)(2) or (e)(3) above” to “subsection
(e)(2) or (e)(3) of this Section”
704.148 Board note
Board
Updated the reference to the
Code of Federal Regulations
to the 1999 edition and added a reference to a subsequent
amendment that appeared in the
Federal Register
730.103 “Act”
Board
Moved the period outside the parenthesis mark
730.103 “area of
review”
Board
Changed “1/4” to “one-quarter”
730.103 “drywell”
Board
Added “that is”; added a comma to offset a parenthetical
730.103
“Environmental
Protection Act”
Board
Changed the reference to the Illinois Revised Statutes to a
reference to the Illinois Compiled Statutes
704.103 Board note
Board
Updated the reference to the
Code of Federal Regulations
to the 1999 edition and added a reference to a subsequent
amendment that appeared in the
Federal Register
730.105(a)(1)
Board
Changed “1/4” to “one-quarter”
730.105(a)(2)
Board
Changed “1/4” to “one-quarter”
730.105(d)(1)
Board
Changed “1/4” to “one-quarter”
730.105(d)(2)
Board
Changed “1/4” to “one-quarter”
730.105(d)(3)
Board
Changed “subsection (a)(2), (d)(1), or (d)(2) above” to
“subsection (a)(2), (d)(1), or (d)(2) of this Section”
730.105(e)
Board
Added “the following”
730.110(a)(1)
Board
Changed “shall” to “must”
33
730.110(a)(4)
Board
Corrected the cross-references from “35 Ill. Adm. Code
704.188 and 704.187” to “35 Ill. Adm. Code 704.181(f)
and 704.188”; changed “shall” to “must”
738.118(b)
Board
Removed the past effective date
738.118(d)
Board
Removed the past effective date
738.118(e)
Board
Changed the listing of USEPA hazardous waste numbers
into the paragraph format to save space
738.118(g)
Board
Changed the listing of USEPA hazardous waste numbers
into the paragraph format to save space
738.118(i)
Board
Removed the past effective date
HISTORY OF RCRA SUBTITLE C AND UIC ADOPTION
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY OR BOARD ACTION
EDITORIAL CONVENTIONS
It has previously been the practice of the Board to include a historical discussion in its
RCRA Subtitle C and UIC identical-in-subs tance rulemaking proposals. However, in the last
RCRA Subtitle C update docket, RCRA Subtitle C Update, USEPA Amendments (July 1, 1999,
through, December 31, 1999) (May 18, 2000), R00-13, the Board indicated that it would cease
this practice. Therefore, for a complete historical summary of the Board’s RCRA Subtitle C and
UIC rulemakings and programs, interested persons should refer back to the May 18, 2000 opinion
and order in R00-13.
The historical summary contains all Board actions taken to adopt and maintain these
programs since their inception and until May 18, 2000. It includes a listing of all site-specific
rulemaking and adjusted standards proceedings filed that relate to these programs. It also lists all
USEPA program authorizations issued during that time frame. As necessary the Board will
continue to update the historical summary as a segment of the opinion in each RCRA Subtitle C and
UIC update docket, but those opinions will not repeat the information contained in the opinion of
May 18, 2000 in docket R00-13.
The following summarizes the history of the Illinois RCRA Subtitle C hazardous waste and
UIC programs since May 18, 2000:
History of RCRA Subtitle C and State Hazardous Waste Rules Adoption
The Board has adopted and amended the RCRA Subtitle C hazardous waste rules in the
following docket since May 18, 2000:
R00-13
RCRA Subtitle C Update, USEPA Regulations (January 1, 1999, through
June 30, 1999) (May 18, 2000), R00-13; published at 24 Ill. Reg.9443
(July 7, 2000), effective June 20, 2000.
34
History of UIC Rules Adoption
The Board has adopted and amended Underground Injection Control (UIC) regulations in
the following dockets since May 18, 2000:
R00-11
UIC Update, USEPA Regulations (July 1, 1999, through December 31,
1999), R00-11. (This docket; consolidated with docket R01-1.)
R01-1
UIC Update, USEPA Regulations (January 1, 2000, through June 30, 2000),
R01-1. (This docket; consolidated with docket R00-11.)
ORDER
The complete text of the proposed amendments follows:
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
35
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
Signature Requirements
702.152
Reporting Requirements
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 Sections 13 and 22.4 and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/13, 22.4 and 27].
SOURCE: Adopted in R81-32, 47 PCB 93, at 6 Ill. Reg. 12479, effective May 17, 1982; amended
in R82-19, at 53 PCB 131, 7 Ill. Reg. 14352, effective May 17, 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 R86-1 at 10 Ill. Reg. 14083, effective August 12, 1986; amended in R86-28 at
11 Ill. Reg. 6131, effective March 24, 1987; amended in R87-5 at 11 Ill. Reg. 19376, effective
November 12, 1987; amended in R87-26 at 12 Ill. Reg. 2579, effective January 15, 1988; amended
in R87-29 at 12 Ill. Reg. 6673, effective March 28, 1988; amended in R87-39 at 12 Ill. Reg.
13083, effective July 29, 1988; amended in R89-1 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. Reg. 18284, effective December 20, 1994; amended in R95-6 at 19 Ill. Reg. 9913,
36
effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 11210, effective August 1, 1996;
amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 532, effective December 16, 1997; amended in
R99-15 at 23 Ill. Reg. 9359, effective July 26, 1999; amended in R00-11/R01-1 at 24 Ill. Reg.
________, effective ______________________.
SUBPART A: GENERAL PROVISIONS
Section 702.110
Definitions
The following definitions apply to 35 Ill. Adm. Code 702, 703, 704, 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 5].
“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 through 703.212 (contents of Part B of the RCRA application).
“Appropriate act and regulations” means the Resource Conservation and Recovery
Act (RCRA), the 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 that has
been approved or authorized by USEPA under 40 CFR 271 (1996) (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 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 that is either
402 meters (1/4 one-quarter of a mile) or a number calculated according to the
criteria set forth in 35 Ill. Adm. Code 730.106.
37
“Board” means the Illinois Pollution Control Board.
“Cesspool” means a “drywell” that receives untreated sanitary waste containing
human excreta and which sometimes has an open bottom or perforated sides.
“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 that are assembled to perform a specific function (e.g., a
pump seal, pump, kiln liner, or kiln thermocouple).
“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 Subpart S of 35 Ill. Adm. Code 724.Subpart
S for the purpose of implementing corrective action requirements under 35 Ill.
Adm. Code 724.201 and RCRA section 3008(h). A CAMU shall must only be used
for the management of remediation wastes pursuant to implementing such corrective
action requirements at the facility.
BOARD NOTE: USEPA must also designate a CAMU 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 USC 1251 et
seq. (1996).
“Date of approval by USEPA of the Illinois UIC program” means March 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.
38
“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 705.141, 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”.
“Drywell” means a well, other than an improved sinkhole or subsurface fluid
distribution system, that is completed above the water table so that its bottom and
sides are typically dry, except when receiving fluids.
“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 that are hazardous wastes only because they
exhibit the corrosivity characteristics defined in 35 Ill. Adm. 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 Protection Agency” (“EPA” or “USEPA”) 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, 704.104, and
704.123(b).
“Existing hazardous waste management (HWM) facility” or “existing facility”
means a facility that 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
39
The owner or operator has entered into contractual obligations for
physical construction of the facility that cannot be canceled or
modified without substantial loss and which are to be completed
within a reasonable time.
“Existing injection well” (UIC) means an “injection well” other than a “new
injection well”.
“Facility mailing list” means the mailing list for a facility maintained by the Agency
in accordance with 35 Ill. Adm. Code 705.163(a).
“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 UIC 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.
“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.)
“Final authorization” (RCRA) means approval by USEPA of the Illinois Hazardous
Waste Management Program that has met the requirements of Section 3006(b) of
RCRA and the applicable requirements of 40 CFR 271, Subpart A (1996). USEPA
granted initial final authorization on January 31, 1986.
“Fluid” (UIC) means any material or substance that 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 that 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 that 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
40
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 impoundments, or combinations of them).
“HWM facility” (RCRA) means “Hazardous Waste Management facility”.
“Improved sinkhole” means a naturally occurring karst depression or other natural
crevice that is found in volcanic terrain and other geologic settings that have been
modified by man for the purpose of directing and emplacing fluids into the
subsurface.
“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 that is treating, storing, or disposing of
“hazardous waste”.
“Interim authorization” (RCRA) means approval by USEPA of the Illinois
Hazardous Waste Management program that has met the requirements of Section
3006(g)(2) of RCRA and applicable requirements of 40 CFR 271 (1996). This
happened on May 17, 1982.
“Interstate agency” means 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” that contains the information required by Subpart B of 35 Ill.
Adm. Code 722.Subpart B.
“National Pollutant Discharge Elimination System” means the program for issuing,
41
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 Subpart A of 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”
that began operation or for which construction commenced after November 19,
1980.
“New injection well” (UIC) means a “well” that began injection after March 3,
1984, the date of USEPA approval of the UIC program for the State of Illinois.
BOARD NOTE: See 40 CFR 147.700 (1998) and 49 Fed. Reg. 3991 (Feb. 1,
1984).
“Off-site” (RCRA) means any site that is not “on-site”.
“On-site” (RCRA) means on the same or geographically contiguous property that
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 that 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. Adm. Code 703.141), UIC area
permit (35 Ill. Adm. Code 704.162), 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 through 703.157), UIC authorization by rule
(Subpart C of 35 Ill. Adm. Code 704.Subpart C), or any permit that 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 entity, or their legal representative, agency, or
assigns.
“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”.
42
“Plugging” (UIC) means the act or process of stopping the flow of water, oil, or gas
into or out of a formation through a borehole or well penetrating that formation.
“Point of injection” means the last accessible sampling point prior to waste fluids
being released into the subsurface environment through a Class V injection well.
For example, the point of injection of a Class V septic system might be the
distribution box—the last accessible sampling point before the waste fluids drain
into the underlying soils. For a dry well, it is likely to be the well bore itself.
“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 that contains radioactive material in
concentrations that exceed those listed in 10 CFR 20, Appendix B, Table II,
Column 2, incorporated by reference in 35 Ill. Adm. Code 720.111.
“RCRA” means the 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 USC 6901 et seq. (1996)). 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 D (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 USEPA Region
in which the facility is located or the Regional Administrator’s designee.
“Remedial Action Plan” or “RAP” means a special form of RCRA permit that a
facility owner or operator may obtain pursuant to Subpart H of 35 Ill. Adm. Code
703.Subpart H, instead of a RCRA permit issued under this Part and 35 Ill. Adm.
Code 703, to authorize the treatment, storage, or disposal of hazardous remediation
waste (as defined in 35 Ill. Adm. Code 720.110) at a remediation waste
management site.
“Sanitary waste” means liquid or solid wastes originating solely from humans and
human activities, such as wastes collected from toilets, showers, wash basins, sinks
used for cleaning domestic areas, sinks used for food preparation, clothes washing
operations, and sinks or washing machines where food and beverage serving
43
dishes, glasses, and utensils are cleaned. Sources of these wastes may include
single or multiple residences, hotels and motels, restaurants, bunkhouses, schools,
ranger stations, crew quarters, guard stations, campgrounds, picnic grounds, day-
use recreation areas, other commercial facilities, and industrial facilities, provided
the waste is not mixed with industrial waste.
“Schedule of compliance” means a schedule of remedial measures included in a
“permit”, including an enforceable sequence of interim requirements (for example,
actions, operations, 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 USC
300f et seq. (1996)).
“Septic system” means a well, as defined in this Section, that is used to emplace
sanitary waste below the surface and which is typically comprised of a septic tank
and subsurface fluid distribution system or disposal system.
“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.
“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/USEPA agreement” means an agreement between the Regional
Administrator and the State that coordinates USEPA and State activities,
responsibilities, 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, disposed of, 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.
“Subsurface fluid distribution system” means an assemblage of perforated pipes,
drain tiles, or other similar mechanisms intended to distribute fluids below the
surface of the ground.
“Total dissolved solids” (UIC) means the total dissolved (filterable) solids as
44
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 areas, 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
operational control of the well.
“Transferor” (UIC) means the owner or operator transferring ownership or
operational control of the well.
“Transporter” (RCRA) means a person engaged in the off-site transportation of
“hazardous waste” by air, rail, highway, or water.
“Treatment” (RCRA) means any method, technique, process, including
neutralization, designed to change the physical, chemical, 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, store, or dispose of; or
amenable for recovery, amenable for storage, 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 that is not an “exempted aquifer” and of which either of the
following is true:
It supplies any public water system; or
It contains a sufficient quantity of groundwater to supply a public water
system; and
It currently supplies drinking water for human consumption; or
It contains less than 10,000 mg/1 total dissolved solids.
“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 that is subject to regulation under
Subpart A of 35 Ill. Adm. Code 309.Subpart A or 310; and
45
Receives and treats or stores an influent wastewater that is a hazardous
waste as defined in 35 Ill. Adm. Code 721.103, or generates and
accumulates a wastewater treatment sludge that is a hazardous waste as
defined in 35 Ill. Adm. Code 721.103, or treats or stores a wastewater
treatment sludge that is a hazardous waste as defined in 35 Ill. Adm. Code
721.103; and
Meets the definition of tank or tank system in 35 Ill. Adm. Code 720.110.
“Well” (UIC) means a bored, drilled, or driven shaft, or a dug hole, whose depth is
greater than the largest surface dimension; a dug hole whose depth is greater than
the largest surface dimension; or an improved sinkhole; or, a subsurface fluid
distribution system.
Well injection means the subsurface emplacement of fluids through a well.
“Well injection” (UIC) means the subsurface emplacement of “fluids” through a
bored, drilled, or driven “well”; or through a dug well, where the depth of the dug
well is greater than the largest surface dimension.
BOARD NOTE: Derived from 40 CFR 144.3 (19981999), as amended at 64 Fed. Reg. 68565
(Dec. 7, 1999), and 270.2 (19981999), as amended at 63 Fed. Reg. 65941 (Nov. 30, 1998).
(Source: Amended at 24 Ill. Reg. ________, 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
46
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
Prohibitions on Injection 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
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
47
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
SUBPART I: REQUIREMENTS FOR CLASS V INJECTION WELLS
Section
704.279 General
704.280 Definition of a Class V Injection Well
704.281 Examples of Class V Injection Wells
704.282 Protection of Underground Sources of Drinking Water
704.283 Notification of a Class V Injection Well
704.284 Permit Requirements
704.285 Applicability of the Additional Requirements
704.286 Definitions
704.287 Location in a Groundwater Protection Area or Another Sensitive Area
704.288 Additional Requirements
48
704.289 Closure of a Class V Injection Well
AUTHORITY: Implementing Sections 13 and 22.4 and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/13, 22.4, and 27].
SOURCE: Adopted in R81-32, at 47 PCB 95, at 6 Ill. Reg. 12479, effective March 3, 1984;
amended in R82-19, at 7 Ill. Reg. 14402, effective March 3, 1984; amended in R83-39, at 55 PCB
319, at 7 Ill. Reg. 17338, effective December 19, 1983; amended in R85-23 at 10 Ill. Reg. 13290,
effective July 29, 1986; amended in R87-29 at 12 Ill. Reg. 6687, effective March 28, 1988;
amended in R88-2 at 12 Ill. Reg. 13700, effective August 16, 1988; amended in R88-17 at 13 Ill.
Reg. 478, effective December 30, 1988; amended in R89-2 at 14 Ill. Reg. 3116, effective February
20, 1990; amended in R94-17 at 18 Ill. Reg. 17641, effective November 23, 1994; amended in
R94-5 at 18 Ill. Reg. 18351, effective December 20, 1994; amended in R00-11/R01-1 at 24 Ill.
Reg. ________, 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, 705, 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, 705, and 730. The UIC permit program for Class II wells
will be adopted is regulated by the Illinois Department of Natural Resources, Office of Mines and
Minerals, Oil and Gas Division, pursuant to the Illinois Oil and Gas Act [225 ILCS 725] (see 62
ILCS 240). Section 1425 of the SDWA (Safe Drinking Water Act, 42 U.S.C. 300f). All owners or
operators of Class I, Class III, Class IV, 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
must be authorized by permit or rule if it results in movement of fluid containing any contaminant
into underground sources of drinking water (USDWs)(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 persons. (Section 704.122). Existing Class IV wells that inject
hazardous waste directly into an underground 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 assessed, 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 of this Part) or the Agency must require remedial action or closure by order
(Section 704.122(c)).
BOARD NOTE: Derived from 40 CFR 144.1(g) preamble (19931999).
(Source: Amended at 24 Ill. Reg. ________, effective ______________________)
49
Section 704.105
Specific Inclusions and Exclusions
a)
The following wells are included among those types of injection activities that 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 well used by generators of hazardous waste, or
by owners or operators of hazardous waste management facilities, to
dispose of fluids containing hazardous waste. This includes the disposal of
hazardous waste into what would otherwise be septic systems and
cesspools, regardless of their capacity;
4)
Any septic tank, cesspool, or other well used by a multiple dwelling,
community, 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 cesspools or septic systems;
3)
Nonresidential cesspools, septic systems, 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 that are of pipeline
quality and are gases at standard temperature and pressure for the purpose
of storage;
5)
Any dug hole, drilled hole, or bored shaft that is not used for the subsurface
emplacement of fluids underground;
6)
Class II wells.
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 that have been
exempted pursuant to 35 Ill. Adm. Code 730.104.
50
BOARD NOTE: Derived from 40 CFR 144.1(g)(1) through (g)(3) (19931999), as amended at 64
Fed. Reg. 68565 (December 7, 1999).
(Source: Amended at 24 Ill. Reg. ________, effective ______________________)
Section 704.106
Classification of Injection Wells
Injection wells are classified as follows:
a)
Class I
1)
Wells used by generators of hazardous wastes or owners or operators of
hazardous waste management facilities to inject hazardous waste beneath
the lowermost formation containing, within 402 meters (one-quarter mile)
of the well bore, and an underground source of drinking water.
2)
Other industrial and municipal disposal wells which inject fluids beneath
the lowermost formation containing, within 402 meters (one quarter mile) of
the well bore, an underground source of drinking water.
3) Radioactive waste disposal wells that inject fluids below the lowermost
formation containing an underground source of drinking water within one
quarter mile of the well bore.
b)
Class II. Wells which inject fluids:
1)
Which are brought to the surface in connection with natural gas storage
operations, or conventional oil or natural gas production and may be
commingled with waste waters from gas plants which are an integral part of
production operations, unless those waters are classified as a hazardous
waste at the time of injection;
2)
For enhanced recovery of oil or natural gas; and
3)
For storage of hydrocarbons which are liquid at standard temperature and
pressure.
c)
Class III. Wells which inject fluids for extraction of mineral minerals, including:
1)
Mining of sulfur by the Frasch process;
2)
In situ production of uranium or other metals; this category includes only in
situ production from ore bodies which have not been conventionally mined.
Solution mining of conventional mines such as stopes leaching is included
in Class V;
51
3)
Solution mining of salts or potash.
d)
Class IV.
1)
Wells used by generators of hazardous wastes or of radioactive wastes, by
owners or operators of hazardous waste management facilities or by
owners or operators of radioactive waste disposal sites to dispose of
hazardous wastes or radioactive wastes into a formation which within 402
meters (one quarter one-quarter mile) of the well contains an underground
source of drinking water.
2)
Wells used by generators of hazardous waste or of radioactive waste, by
owners or and operators of hazardous waste management facilities, or by
owners or and operators of radioactive waste disposal sites to dispose of
hazardous waste or radioactive waste above a formation which within 402
meters (one-quarter mile) of the well contains an underground source of
drinking water.
3)
Wells used by generators of hazardous waste or owners or and operators of
hazardous waste management facilities to dispose of hazardous waste,
which cannot be classifed under subsections (a)(1) or (d)(1) and (d)(2)
(e.g., wells used to dispose of hazardous waste into or above a formation
which contains an aquifer which has been exempted pursuant to 35 Ill. Adm.
Code 730.104).
e)
Class V. Injection wells not included in Classes I, II, III, or IV.
(Board Note: See BOARD NOTE: 40 CFR 144.6 (19871999).)
(Source: Amended at 24 Ill. Reg. ________, effective ______________________)
Section 704.107
Definitions
The definitions of 35 Ill. Adm. Code 702 apply to Part 704. Specific types of Class V injection
wells are described in Section 704.281.
(Source: Amended at 24 Ill. Reg. ________, effective ______________________)
SUBPART C: AUTHORIZATION OF UNDERGROUND INJECTION BY RULE
Section 704.145
Existing Class IV Wells
a)
Injection into Class IV wells as defined in Section 704.106(d)(1) is not authorized.
The owner or operator of any such well must comply with Sections 704.124 and
704.203.
52
b)
Closure.
1)
Prior to abandoning any Class IV well, the owner or operator shall must
plug or otherwise close the well in a manner acceptable to the Agency.
2)
By September 27, 1986, the owner and operator of any Class IV well was
to have submitted 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 must notify the Agency of
intent to abandon the well at least 30 days prior to abandonment.
c) Notwithstanding the requirements of subsections (a) and (b) of this Section,
injection wells used to inject contaminated ground water that has been treated and
which is being injected into the same formation from which it was drawn are
authorized by rule for the life of the well if such subsurface emplacement of fluids
is approved by USEPA, pursuant to provisions for cleanup of releases under the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), 42 U.S.C. 9601-9675, or pursuant to requirements and provisions
under the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-
6992k, or the Agency, pursuant to Section 39 of the Act.
BOARD NOTE: Derived from 40 CFR 144.23 (19931999), as amended at 64 Fed. Reg. 68566
(December 7, 1999).
(Source: Amended at 24 Ill. Reg. ________, effective ______________________)
Section 704.146
Class V Wells
a)
Injection into Class V wells is authorized by rule until requirements under future
regulations become applicable, subject to the conditions set forth in Section
704.284.
b)
Duration of well authorization by rule. Well authorization under this Section
expires upon the effective date of a permit issued pursuant to any of Sections
704.147, 704.161, 704.162, or 704.163.
c)
Prohibition of injection. An owner or operator of a well that is authorized by rule
pursuant to this Section is prohibited from injecting into the well:
1)
Upon the effective date of an applicable permit denial;
2)
Upon a failure to submit a permit application in a timely manner pursuant to
Section 704.147 or 704.161;
53
3)
Upon a failure to submit inventory information in a timely manner pursuant
to Section 704.148; or
4)
Upon a failure to comply with a request for information in a timely manner
pursuant to Section 704.149.
BOARD NOTE: Derived from 40 CFR 144.24 (19931999), as amended at 58 64 Fed. Reg.
63896 68566 (Dec. 3, 1993 7, 1999).
(Source: Amended at 24 Ill. Reg. ________, effective ______________________)
Section 704.148
Inventory Requirements
The owner or operator of an injection well that is authorized by rule under this Subpart shall must
submit inventory information to the Agency. Such an owner or operator is prohibited from
injecting into the well upon failure to submit inventory information for the well to the Agency
within the time specified in subsection (d) or (e) below of this Section.
a)
Contents. As part of the inventory, the owner or operator shall must 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 NOTE: This information is requested on national form “Inventory of
Injection Wells,” OMB No. 158-R0170.
b)
Additional contents. The owner or operator of a well listed in subsection (b)(1)
below of this Section shall must provide the information listed in subsection (b)(2)
below of this Section.
1)
This Section applies to the following wells:
A) Corresponding 40 CFR 144.26(b)(1)(i) pertains to Class II wells,
which are regulated by the Department of Natural Resources
pursuant to the Illinois Oil and Gas Act [225 ILCS 725] (see 62
ILCS 240). This statement maintains structural consistency with the
corresponding federal provisions;
54
AB)
Class IV wells;
BC)
The following Class V wells:
i)
Sand or other backfill wells, 35 Ill. Adm. Code
730.105(e)(8);
ii)
Radioactive waste disposal wells that are not Class I wells,
35 Ill. Adm. Code 730.105(e)(11);
iii)
Geothermal energy recovery wells, 35 Ill. Adm. 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)(1) above of this
Section shall must 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) Corresponding 40 CFR 144.26.(b)(2)(i) pertains to Class II wells,
which are regulated by the Department of Natural Resources
pursuant to the Illinois Oil and Gas Act [225 ILCS 725] (see 62
ILCS 240). This statement maintains structural consistency with the
corresponding federal provisions;
AB)
Location of each well or project given by Township, Range,
Section, and Quarter-Section;
BC)
Date of completion of each well;
CD)
Identification and depth of the formation(s) into which each well is
injecting;
DE)
Total depth of each well;
55
EF)
Casing and cementing record, tubing size, and depth of packer;
FG)
Nature of the injected fluids;
GH)
Average and maximum injection pressure at the wellhead;
HI)
Average and maximum injection rate; and
IJ)
Date of the last mechanical integrity tests, if any.
c)
This subsection corresponds with 40 CFR 144.26(c), a provision relating to U.S.
EPA USEPA notification to facilities upon authorization of the state’s program.
This statement maintains structural consistency with U.S. EPA USEPA rules.
d)
Deadlines. Except as provided in subsection (e) below of this Section:
1)
The owner or operator of an injection well shall must submit inventory
information no later than March 3, 1985. The Agency need not require
inventory information from any facility with RCRA interim status under 35
Ill. Adm. Code 703.
2)
The information need not be submitted if a complete application is
submitted within one year of the effective date of the U.S. EPA USEPA UIC
program. The owner or operator of a Class IV well shall must submit
inventory information no later than 60 days after the effective date of the
U.S. EPA USEPA UIC program.
e)
Deadlines for Class V Wells.
1)
The owner or operator of a Class V well in which injection took place
within one year after the date of approval by U.S. EPA USEPA of the
Illinois UIC program, and who failed to submit inventory information for
the well within the time specified in subsection (d) above of this Section
may resume injection 90 days after submittal of the inventory information to
the Agency, unless the owner or operator receives notice from the Agency
that injection may not resume or that it may resume sooner.
2)
The owner or operator of a Class V well in which injection started later
than March 3, 1985, shall must submit inventory information prior to May 2,
1995.
3)
The owner or operator of a Class V well in which injection started after
May 2, 1994 shall must submit inventory information prior to starting
injection.
4)
The owner or operator of a Class V injection well prohibited from injecting
56
for failure to submit inventory information for the well within the time
specified in subsection (e)(2) or (e)(3) above of this Section may resume
injection 90 days after submittal of the inventory information to the Agency,
unless the owner or operator receives notice from the Agency that injection
may not resume or that it may resume sooner.
BOARD NOTE: Wells that were in existence as of March 3, 1984, were
required to submit inventory information by March 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 NOTE: Derived from 40 CFR 144.26 (19931999), as amended at 58 64 Fed. Reg.
63896 68566 (Dec. 3, 1993 7, 1999).
(Source: Amended at 24 Ill. Reg. ________, effective ______________________)
SUBPART I: REQUIREMENTS FOR CLASS V INJECTION WELLS
Section 704.279 General
This Subpart sets forth the requirements applicable to the owner or operator of a Class V injection
well. Additional requirements listed elsewhere in this Part may also apply. Where they may
apply, those other requirements are referenced rather than repeated in this Subpart. The
requirements described in this Subpart and elsewhere in this Part are intended to protect
underground sources of drinking water and are part of the underground injection control (UIC)
program established under Section 13(c) of the Act.
BOARD NOTE: Derived from 40 CFR 144.279, as added at 64 Fed. Reg. 68566 (December 7,
1999). USEPA wrote the federal counterpart to this Subpart, 40 CFR 144, Subpart G, in a
question-and-answer format to make it easier to understand the regulatory requirements. The
Board has abandoned that format in favor of a more traditional approach of using clear statements
of the requirements and their applicability.
(Source: Added at 24 Ill. Reg. ________, effective ______________________)
Section 704.280 Definition of a Class V Injection Well
Section 704.106 defines the five classes of injection wells, including a Class V injection well, as
regulated under this Subpart. Typically, Class V wells are shallow wells used to place a variety
of fluids directly below the land surface. However, if the fluids placed in the ground qualify as a
hazardous waste under the Resource Conservation and Recovery Act (RCRA), the well is either a
Class I or Class IV well, not a Class V well. Examples of Class V wells are described in Section
704.281.
57
BOARD NOTE: Derived from 40 CFR 144.280, as added at 64 Fed. Reg. 68566 (December 7,
1999).
(Source: Added at 24 Ill. Reg. ________, effective ______________________)
Section 704.281 Examples of Class V Injection Wells
The following are examples of Class V injection wells to which this Subpart applies:
a) Air conditioning return flow wells used to return to the supply aquifer the water
used for heating or cooling in a heat pump;
b) Large capacity cesspools, including multiple-dwelling, community or regional
cesspools, or other devices that receive sanitary wastes containing human excreta,
that have an open bottom and sometimes perforated sides. The UIC requirements
do not apply to single family residential cesspools, nor do they apply to non-
residential cesspools that receive solely sanitary waste and which have the
capacity to serve fewer than 20 persons a day;
c) Cooling water return flow wells that are used to inject water previously used for
cooling;
d) Drainage wells that are used to drain surface fluids, primarily storm runoff, into a
subsurface formation;
e) Dry wells that are used for the injection of wastes into a subsurface formation;
f) Recharge wells that are used to replenish the water in an aquifer;
g) Salt water intrusion barrier wells that are used to inject water into a fresh aquifer
to prevent the intrusion of salt water into the fresh water;
h) Sand backfill and other backfill wells that are used to inject a mixture of water and
sand, mill tailings or other solids into mined out portions of subsurface mines
whether what is injected is a radioactive waste or not;
i) Septic system wells that are used to inject the waste or effluent from a multiple
dwelling, business establishment, community or regional business establishment
septic tank. The UIC requirements do not apply to single family residential septic
system wells, nor to non-residential septic system wells that are used solely for the
disposal of sanitary waste and which have the capacity to serve fewer than 20
persons a day;
j) Subsidence control wells (not used for the purpose of oil or natural gas production)
that are used to inject fluids into a non-oil or gas producing zone to reduce or
eliminate subsidence associated with the overdraft of fresh water;
58
k) Injection wells associated with the recovery of geothermal energy for heating,
aquaculture, and production of electric power;
l) Wells that are used for solution mining of conventional mines such as stopes
leaching;
m) Wells that are used to inject spent brine into the same formation from which it was
withdrawn after extraction of halogens or their salts;
n) Injection wells that are used in experimental technologies;
o) Injection wells that are used for in situ recovery of lignite, coal, tar sands, and oil
shale; and
p) Motor vehicle waste disposal wells that receive or which have received fluids
from vehicular repair or maintenance activities, such as an auto body repair shop,
an automotive repair shop, a new or used car dealership, a specialty repair shop
(e.g., transmission and muffler repair shop), or any facility that does any vehicular
repair work. Fluids disposed in these wells may contain organic and inorganic
chemicals in concentrations that exceed the maximum contaminant levels (MCLs)
established by the primary drinking water regulations (35 Ill. Adm. Code 611).
These fluids also may include waste petroleum products and may contain
contaminants, such as heavy metals and volatile organic compounds, that pose risks
to human health.
BOARD NOTE: Derived from 40 CFR 144.281, as added at 64 Fed. Reg. 68566 (December 7,
1999).
(Source: Added at 24 Ill. Reg. ________, effective ______________________)
Section 704.282 Protection of Underground Sources of Drinking Water
This Subpart I requires that an owner or operator of a Class V injection well must not allow
movement of fluid into USDWs that might cause endangerment, that the owner or operator must
comply with the UIC requirements in this Part and 35 Ill. Adm. Code 702 and 730, that the owner
or operator must comply with any other measures required by the State or USEPA to protect
USDWs, and that the owner or operator must properly close its well when the owner or operator
is through using it. The owner or operator also must submit basic information about its well, as
described in Section 704.283.
a) Prohibition of fluid movement.
1) As described in Section 704.112(a), an owner’s or operator’s injection
activity cannot allow the movement of fluid containing any contaminant into
USDWs, if the presence of that contaminant may cause a violation of the
59
primary drinking water standards under 35 Ill. Adm. Code 611, other health
based standards, or may otherwise adversely affect the health of persons.
This prohibition applies to the owner’s or operator’s well construction,
operation, maintenance, conversion, plugging, closure, or any other
injection activity.
2) If the Agency or USEPA learns that an owner’s or operator’s injection
activity may endanger USDWs, the Agency or USEPA may require the
owner or operator to close its well, require the owner or operator to get a
permit, or require other actions listed in Section 704.112(c), (d), or (e).
b) Closure requirements. An owner or operator must close the well in a manner that
complies with the above prohibition of fluid movement. Also, the owner or
operator must dispose or otherwise manage any soil, gravel, sludge, liquids, or
other materials removed from or adjacent to your well in accordance with all
applicable federal, State, and local regulations and requirements.
c) Other requirements in this Part and 35 Ill. Adm. Code 702 and 730. Beyond this
subpart, the owner and operator are subject to other UIC Program requirements in
this Part and 35 Ill. Adm. Code 702 and 730. While most of the relevant
requirements are repeated or referenced in this Subpart for convenience, the owner
or operator needs to read all of this Part and 35 Ill. Adm. Code 702 and 730 to
understand the entire UIC Program.
d) Other State or USEPA requirements. This Part and 35 Ill. Adm. Code 702 and 730
define minimum federally-derived UIC requirements. The Agency and USEPA
Region V have the flexibility to establish additional or more stringent requirements
based on the authorities in this Part and 35 Ill. Adm. Code 702 and 730 and 40 CFR
144 through 147, if such additional requirements are determined to be necessary to
protect USDWs. The owner and operator must comply with any such additional
requirements. The owner or operator should contact the Agency or USEPA Region
V to learn more.
BOARD NOTE: Derived from 40 CFR 144.282, as added at 64 Fed. Reg. 68567 (December 7,
1999).
(Source: Added at 24 Ill. Reg. ________, effective ______________________)
Section 704.283 Notification of a Class V Injection Well
The owner or operator of a Class V injection well needs to provide basic “inventory information”
about its well to the Agency, if the owner or operator has not done so already. The owner or
operator also needs to provide any additional information that the Agency requests in accordance
with the provisions of the UIC regulations.
a) Inventory requirements. Unless the owner or operator knows it has already
60
satisfied the inventory requirements in Section 704.128 that were in effect prior to
the issuance of this Subpart G, the owner or operator must give the Agency certain
information about itself and its injection operation.
BOARD NOTE: This information is requested on national form “Inventory of
Injection Wells,” OMB No. 2040-0042.
1) The owner or operator of a new or existing Class V injection well must
contact the Agency to determine what information it must submit and by
when it must submit that information.
2) The following is the information that the owner or operator must submit:
A) No matter what type of Class V well is owned or operated, the
owner or operator must submit at least the following information for
each Class V well: facility name and location; name and address of
a legal contact person for the facility; the ownership of the facility;
the nature and type of the injection well or wells; and the operating
status of injection well or wells.
B) Illinois is designated a “Primacy State” by USEPA. Corresponding
40 CFR 144.83(a)(2)(ii) relates exclusively to “Direct
Implementation” states, so the Board has omitted it. This statement
maintains structural consistency with the federal regulations.
C) The owner or operator must provide a list of all wells it owns or
operates, along with the following information for each well. (A
single description of wells at a single facility with substantially the
same characteristics is acceptable).
i) The location of each well or project given by Township,
Range, Section, and Quarter-Section, or by latitude and
longitude to the nearest second, according to the
conventional practice in this State;
ii) The date of completion of each well;
iii) The identification and depth of the underground formation(s)
into which each well is injecting;
iv) The total depth of each well;
v) A construction narrative and schematic (both plan view and
cross-sectional drawings);
vi) The nature of the injected fluids;
61
vii) The average and maximum injection pressure at the
wellhead;
viii) The average and maximum injection rate; and
ix) The date of the last inspection.
3) The owner and operator is responsible for knowing about, understanding,
and complying with these inventory requirements.
b) Illinois is designated a “Primacy State” by USEPA. Corresponding 40 CFR
144.83(b) relates exclusively to “Direct Implementation” states, so the Board has
omitted it. This statement maintains structural consistency with the federal
regulations.
BOARD NOTE: Derived from 40 CFR 144.283, as added at 64 Fed. Reg. 68567 (December 7,
1999).
(Source: Added at 24 Ill. Reg. ________, effective ______________________)
Section 704.284 Permit Requirements
No permit is required for a Class V injection well, unless the owner or operator falls within an
exception described in subsection (b) of this Section.
a) General authorization by rule. With certain exceptions listed in subsection (b) of
this Section, an owner’s or operator’s Class V injection activity is “authorized by
rule,” meaning that the owner and operator has to comply with all the requirements
of this Subpart and the rest of this Part and 35 Ill. Adm. Code 702 and 730, but the
owner or operator does not need to get an individual permit. Well authorization
expires once the owner or operator has properly closed its well, as described in
Section 704.282(b).
b) Circumstances in which permits or other actions are required. If an owner or
operator fits into one of the categories listed below, its Class V well is no longer
authorized by rule. This means that the owner or operator has to either get a permit
or close its injection well. The owner or operator can find out whether its well
falls into one of these categories by contacting the Agency or USEPA Region V if
this is the case. Subparts D and H of this Part tells an owner or operator how to
apply for a permit, and it describes other aspects of the permitting process.
Subpart C of 35 Ill. Adm. Code 702 and Subpart E of this Part outline some of the
requirements that apply to the owner or operator if it gets a permit. An owner or
operator must either obtain a permit or close its injection well if any of the
following is true:
62
1) The owner or operator fails to comply with the prohibition against fluid
movement standard in Section 704.122(a) and described in Section
704.282(a) (in which case, the owner or operator must get a permit, close
its well, or comply with other conditions determined by the Agency or
USEPA Region V);
2) The Class V injection well is a large-capacity cesspool (in which case, the
owner or operator must close its well as specified in the additional
requirements set forth in Section 704.288) or the Class V injection well is a
motor vehicle waste disposal well in a ground water protection area or a
sensitive ground water area (in which case, the owner or operator must
either close its well or get a permit as specified in the additional
requirements set forth in Section 704.288). New motor vehicle waste
disposal wells and new cesspools are prohibited;
BOARD NOTE: A new motor vehicle waste disposal well or a new
cesspool is one for which construction had not commenced prior to April 5,
2000. See 40 CFR 144.84(a)(2), as added at 40 CFR 68568 (December 7,
1999).
3) The owner or operator is specifically required by the Agency or USEPA
Region V to get a permit (in which case, the authorization by rule expires on
the effective date of the permit issued, or the owner or operator is
prohibited from injecting into its well upon the occurrence of either or the
following:
A) The failure of the owner and operator to submit a permit application
in a timely manner, as specified in a notice from the Agency; or
B) The effective date of a permit denial);
4) The owner or operator has failed to submit inventory information to the
Agency, as described in Section 704.283(a) (in which case, the owner and
operator is prohibited from injecting into the well until it complies with the
inventory requirements); or
5) Illinois is designated a “Primacy State” by USEPA. Corresponding 40 CFR
144.84(b)(5) relates exclusively to “Direct Implementation” states, so the
Board has omitted it. This statement maintains structural consistency with
the federal regulations.
BOARD NOTE: Derived from 40 CFR 144.284, as added at 64 Fed. Reg. 68568 (December 7,
1999).
(Source: Added at 24 Ill. Reg. ________, effective ______________________)
63
Section 704.285 Applicability of the Additional Requirements
a) Large-capacity cesspools. The additional requirements set forth in Section
704.288 apply to all new and existing large-capacity cesspools. If the owner or
operator is using a septic system for these type of wastes, the owner or operator is
not subject to the additional requirements in Section 704.288.
b) Motor vehicle waste disposal wells existing on April 5, 2000. If the owner or
operator has a Class V motor vehicle waste disposal well, the additional
requirements in Section 704.288 apply to that owner or operator if the well is
located in a ground water protection area or other sensitive ground water area that
is identified by the Agency, the Board, or USEPA Region V.
BOARD NOTE: An existing motor vehicle waste disposal well is one for which
construction had commenced prior to April 5, 2000. See 40 CFR 144.83(a)(1)(i)
and (a)(1)(ii), as added at 40 CFR 68568 (December 7, 1999). Corresponding 40
CFR 144.85(b) provides that the additional requirements apply statewide if the
State or the USEPA Region fails to identify sensitive groundwater areas. The
Board has not included this state-wide applicability provision by virtue of 14.1
through 14.6 and Sections 17.1 through 17.4 of the Act [415 ILCS 5/14.1-14.6 and
17.1-17.4], the Illinois Groundwater Protection Act [415 ILCS 55/8], and 35 Ill.
Adm. Code 615 through 620.
c) New Motor Vehicle Waste Disposal Wells. The additional requirements in
Section 704.288 apply to all new motor vehicle waste disposal wells.
BOARD NOTE: A new motor vehicle waste disposal well is one for which
construction had not commenced prior to April 5, 2000. See 40 CFR 144.85(c), as
added at 40 CFR 68568 (December 7, 1999).
BOARD NOTE: Derived from 40 CFR 144.285, as added at 64 Fed. Reg. 68569 (December 7,
1999).
(Source: Added at 24 Ill. Reg. ________, effective ______________________)
Section 704.286 Definitions
“State drinking water source assessment and protection program” is a new
approach to protecting drinking water sources, specified in section 1453 of the
1996 Amendments to the Safe Drinking Water Act (42 U.S.C. 300j-13).
Board Note: Under the federal requirements, states must prepare and submit for
USEPA approval a program that sets out how each state will conduct local
assessments, including the following: delineating the boundaries of areas
providing source waters for public water systems; identifying significant potential
sources of contaminants in such areas; and determining the susceptibility of public
water systems in the delineated areas to the inventoried sources of contamination.
64
The Illinois Groundwater Protection Act [415 ILCS 55] and the regulations at 35
Ill. Adm. Code 620 adopted pursuant to that law and Sections 14.1 through 14.6
and 17.1 through 17.4 of the Environmental Protection Act [415 ILCS 14.1-14.6
and 17.1-17.4] and the regulations at 35 Ill. Adm. Code 615 through 617 adopted
under those provisions are major segments of the required Illinois program.
“Complete local source water assessment for groundwater protection areas.”
When USEPA has approved a state's drinking water source assessment and
protection program, the state will begin to conduct local assessments for each
public water system in that state. For the purposes of this Subpart, local
assessments for community water systems and non-transient non-community systems
are complete when the four following requirements are met: First, a State must
delineate the boundaries of the assessment area for community and non-transient
non-community water systems, as such are defined in 35 Ill. Adm. Code 611.101.
Second, the State must identify significant potential sources of contamination in
these delineated areas. Third, the State must determine the susceptibility of
community and non-transient non-community water systems in the delineated area to
such contaminants. Lastly, each State will develop its own plan for making the
completed assessments available to the public.
“Groundwater protection area” is a geographic area near or surrounding a
community or non-transient non-community water system, as defined in 35 Ill. Adm.
Code 611.101, that uses groundwater as a source of drinking water. For the
purposes of this Subpart I, the Board considers a “setback zone,” as defined in
Section 3.61 of the Act [415 ILCS 5/3.61] and regulated pursuant to Sections 14.1
through 14.6 of the Act [415 ILCS 5/14.1-14.6], to be a “groundwater protection
area,” as intended by corresponding 40 CFR 144.86(c). (See 35 Ill. Adm. Code
615 and 616.) These areas receive priority for the protection of drinking water
supplies and federal law requires the State to delineate and assess these areas
under section 1453 of the federal Safe Drinking Water Act, 42 U.S.C. 300j-13. The
additional requirements in Section 704.288 apply to an owner or operator if its
Class V motor vehicle waste disposal well is in a groundwater protection area for
either a community water system or a non-transient non-community water system.
BOARD NOTE: USEPA stated in corresponding 40 CFR 144.86(c) that in many
States these areas will be the same as wellhead protection areas delineated as
described in section 1428 of the federal SDWA, 42 U.S.C. 300h-7.
“Community water system,” as defined in 35 Ill. Adm. Code 611.101, is a public
water system that serves at least 15 service connections used by year-round
residents or which regularly serves at least 25 year-round residents.
“Non-transient non-community water system,” as defined in 35 Ill. Adm. Code
611.101, is a water system that is not a community water system and which
regularly serves at least 25 of the same people over six months a year. These may
include systems that provide water to schools, day care centers, government or
military installations, manufacturers, hospitals or nursing homes, office buildings,
65
and other facilities.
“Delineation.” Once the State's drinking water source assessment and protection
program is approved by USEPA, the State will begin delineating its local
assessment areas. “Delineation” is the first step in the assessment process in which
the boundaries of groundwater protection areas are identified.
“Other sensitive groundwater areas.” The State may also identify other areas in the
State in addition to groundwater protection areas that are critical to protecting
underground sources of drinking water from contamination. For the purposes of
this Subpart I, the Board considers a “regulated recharge area,” as defined in
Section 3.67 of the Act [415 ILCS 5/3.67] and regulated pursuant to Sections 17.1
through 17.4 of the Act [415 ILCS 5/17.1-17.4], to be an “other sensitive
groundwater area,” as intended by corresponding 40 CFR 144.86(g). (See 35 Ill.
Adm. Code 615 through 617.) These other sensitive groundwater areas may
include areas such as areas overlying sole-source aquifers; highly productive
aquifers supplying private wells; continuous and highly productive aquifers at
points distant from public water supply wells; areas where water supply aquifers
are recharged; karst aquifers that discharge to surface reservoirs serving as public
water supplies; vulnerable or sensitive hydrogeologic settings, such as glacial
outwash deposits, eolian sands, and fractured volcanic rock; and areas of special
concern selected based on a combination of factors, such as hydrogeologic
sensitivity, depth to groundwater, significance as a drinking water source, and
prevailing land-use practices.
BOARD NOTE: Derived from 40 CFR 144.286, as added at 64 Fed. Reg. 68569 (December 7,
1999).
(Source: Added at 24 Ill. Reg. ________, effective ______________________)
Section 704.287 Location in a Groundwater Protection Area or Another Sensitive Area
a) A person is subject to the requirements of Section 704.288 if the person owns or
operates an existing motor vehicle well and that person is located in a ground water
protection area or another sensitive ground water area.
BOARD NOTE: Corresponding 40 CFR 144.87(a) provides that the “new
requirements” apply statewide if the State or the USEPA Region fails to identify
sensitive groundwater areas. The Board has interpreted “new requirements” as
synonymous with “additional requirements” elsewhere in this Subpart G. Further,
the Board has not included this statewide applicability provision because Sections
14.1 through 14.6 and 17.1 through 17.4 of the Act [415 ILCS 5/14.1-14.6 and
17.1-17.4] and 35 Ill. Adm. Code 615 through 617 designate protected groundwater
resources and allow the designation of other sensitive areas for protection.
Further, the Illinois Groundwater Protection Act [415 ILCS 55] and the regulations
adopted as 35 Ill. Adm. Code 620 under that statute, protect the quality of all
66
groundwater resources in Illinois.
b) Ground water protection areas. Many segments of corresponding 40 CFR
144.87(b) set forth requirements applicable to the State only. Other requirements
apply to the regulated community contingent on the regulatory status of the Illinois
groundwater protection program. The Board codifies the requirements applicable
to the State in this subsection (b) for the purpose of informing the regulated public
and clarifying the requirements on the regulated community.
1) For the purpose of this Subpart, USEPA requires States to complete all
local source water assessments for ground water protection areas by
January 1, 2004. Once a local assessment for a ground water protection
area is complete every existing motor vehicle waste disposal well owner in
that ground water protection area has one year to close the well or receive a
permit. If the State fails to complete all local assessments for ground water
protection areas by January 1, 2004, the following may occur:
A) The new requirements in this Subpart I will apply to all existing
motor vehicle waste disposal wells in the State and the owner and
operator of a motor vehicle waste disposal well located outside of
the areas of the completed area assessments for ground water
protection areas must close their well or receive a permit by
January 1, 2005.
B) USEPA may grant a State an extension for up to one year from the
January 1, 2004 deadline if the State is making reasonable progress
toward completing the source water assessments for ground water
protection areas. States must apply for the extension by June 1,
2003. If a State fails to complete the assessments for the remaining
ground water protection areas by the extended date, the rule
requirements will apply to all motor vehicle waste disposal wells
in the State, and owners and operators of motor vehicle waste
disposal wells located outside of ground water protection areas
with completed assessments must close their well or receive a
permit by January 1, 2006.
2) The Agency must extend the compliance deadline for specific motor vehicle
waste disposal wells for up to one year if it determines that the most
efficient compliance option for the well is connection to a sanitary sewer or
installation of new treatment technology.
BOARD NOTE: Any Agency determination of the most efficient
compliance option is subject to Board review pursuant to Section 40 of the
Act [415 ILCS 5/40].
c) Other sensitive ground water areas. Existing motor vehicle waste disposal well
67
owners and operators within other sensitive ground water areas have until January
1, 2007 to receive a permit or close the well. If USEPA has granted the State an
extension of the time to delineate sensitive groundwater areas, the owner or
operator of an existing motor vehicle waste disposal well within a sensitive ground
water area has until January 1, 2008 to close the well or receive a permit, unless
the owner or operator is subject to a different compliance date pursuant to
subsection (b) of this Section. If the State has been granted an extension and fails to
delineate sensitive areas by the extended date, an owner or operator has until
January 1, 2008 to close the well or receive a permit, unless it is subject to a
different compliance date pursuant to subsection (b) of this section.
BOARD NOTE: Corresponding 40 CFR 144.87(c) provides that the State has until
January 1, 2004 to identify sensitive groundwater areas. It also provides that
USEPA may extend that deadline for up to an additional year if the State is making
reasonable progress towards identifying such areas and the State has applied for
the extension by June 1, 2003. The Board has not included these provisions
relating to deadlines for State action because they impose requirements on the
State, rather than on regulated entities. Further, the corresponding federal rule
provides that the “new requirements” apply statewide if the State or the USEPA
Region fails to identify sensitive groundwater areas and that “the rule
requirements” apply in the event of an extension granted by USEPA and the State
fails to delineate sensitive areas. The Board has interpreted “new requirements”
and “rule requirements” as synonymous with “additional requirements” as used
elsewhere in this Subpart I. Finally, the Board has not included this statewide
applicability provision because Sections 17.1 through 17.4 of the Act [415 ILCS
5/17.1-17.4], the Illinois Groundwater Protection Act [415 ILCS 55/8], and 35 Ill.
Adm. Code 615 through 620 protect groundwater resources and allow the
designation of sensitive areas.
d) Finding out if a well is in a groundwater protection
area or sensitive groundwater
area. The Agency must make that listing available for public inspection and
copying upon request. Any interested person may contact the Agency Bureau of
Water, Division of Public Water Supplies at 1021 North Grand Ave. East, P.O.
Box 19276, Springfield, Illinois 62794-9276 (217-785-8653) to obtain information
on the listing or to determine if any Class V injection well is situated in a
groundwater protection area or another sensitive groundwater area.
e) Changes in the status of the State drinking water source assessment and protection
program. If the State assesses a ground water protection area for ground water
supplying a new community water system or a new non-transient non-community
water system after January 1, 2004, or if the State re-delineates the boundaries of a
previously delineated ground water protection area to include an additional area,
the additional regulations of Section 704.288 would apply to any motor vehicle
waste disposal well is in such an area. The additional regulations apply to the
affected Class V injection well one year after the State completes the local
assessment for the ground water protection area for the new drinking water system
68
or the new re-delineated area. The Agency must extend this deadline for up to one
year if it determines that the most efficient compliance option for the well is
connection to a sanitary sewer or installation of new treatment technology.
BOARD NOTE: Any Agency determination of the most efficient compliance
option is subject to Board review pursuant to Section 40 of the Act [415 ILCS
5/40].
f) If the State elects not to delineate the additional sensitive ground water areas, the
additional regulations of Section 704.288 apply to all Class V injection wells in the
State, regardless of the location, on January 1, 2007, or January 2008 if an
extension has been granted as provided in subsection (c) of this Section, except for
wells in ground water protection areas that are subject to different compliance
deadlines explained in subsection (b) of this Section.
g) Application of requirements outside of groundwater protection areas and sensitive
ground water areas. The Agency must apply the additional requirements in Section
704.288 to an owner or operator, even if the owner’s or operator’s well is not
located in the areas listed in subsection (a) of this Section, if the Agency
determines that the application of those additional requirements is necessary to
protect human health and the environment.
BOARD NOTE: Any Agency determination to apply the additional requirements of
Section 704.288 is subject to Board review pursuant to Section 40 of the Act [415
ILCS 5/40]. The Board has omitted certain segments of corresponding 40 CFR
144.87 that encouraged State actions, since those segments did not impose
requirements on the regulated community.
BOARD NOTE: Derived from 40 CFR 144.287, as added at 64 Fed. Reg. 68569 (December 7,
1999).
(Source: Added at 24 Ill. Reg. ________, effective ______________________)
Section 704.288 Additional Requirements
The additional requirements are as follows:
a) Additional Requirements for Large-Capacity Cesspools Statewide. See Section
704.285 to determine the applicability of these additional requirements.
1) If the cesspool is existing (operational or under construction by April 5,
2000):
A) The owner or operator must close the well by April 5, 2005.
B) The owner or operator must notify the Agency of its intent to close
69
the well at least 30 days prior to closure.
BOARD NOTE: This information is requested on the federal form
entitled “Preclosure Notification for Closure of Injection Wells,”
available from the Agency on request.
2) If the cesspool is new or converted (construction not started before April 5,
2000) it is prohibited.
BOARD NOTE: Corresponding 40 CFR 144.88(b)(2) sets forth a federal
effective date of April 5, 2000 for the prohibition.
b) Additional Requirements for Motor Vehicle Waste Disposal Wells. See Section
704.285 to determine the applicability of these additional requirements.
1) If the motor vehicle waste disposal well is existing (operational or under
construction by April 5, 2000) and any of the following is also true:
A) The well is in a ground water protection area, the owner or operator
must close the well or obtain a permit within one year of the
completion of the local source water assessment; the Agency must
extend the closure deadline, but not the permit application deadline,
for up to one year if it determines that the most efficient compliance
option is connection to a sanitary sewer or installation of new
treatment technology; or
B) The well is in an other sensitive groundwater area, the owner or
operator must close the well or obtain a permit by January 1, 2007;
the Agency may extend the closure deadline, but not the permit
application deadline, for up to one year if it determines that the most
efficient compliance option is connection to a sanitary sewer or
installation of new treatment technology; or
C) The owner or operator plans to seek a waiver from the ban and
apply for a permit, by the date the owner or operator submits its
permit application, the owner or operator must meet the maximum
contaminant levels (MCLs) for drinking water, set forth in 35 Ill.
Adm. Code 611, at the point of injection while the permit
application is under review, if the owner or operator chooses to
keep operating the well; or
D) The owner or operator receives a permit, the owner or operator
must comply with all permit conditions by the dates specified in its
permit, if the owner or operator chooses to keep operating the well,
including requirements to meet MCLs and other health based
standards at the point of injection, follow best management
70
practices, and monitor the injectate and sludge quality; or
E) The State has not completed all their local assessments by January
1, 2004 (or by the extended date if the State has obtained an
extension, as described in Section 704.287), and the well is outside
an area with a completed assessment, the owner or operator must
close the well or obtain a permit by January 1, 2005, unless the
State obtains an extension, as described in Section 704.287(b), in
which case the deadline is January 1, 2006; the Agency must extend
the closure deadline, but not the permit application deadline, for up
to one year if it determines that the most efficient compliance option
is connection to a sanitary sewer or installation of new treatment
technology; or
F) The State has not delineated other sensitive ground water areas by
January 1, 2004, and the well is outside of an area with a completed
assessment, the owner or operator must close the well or obtain a
permit regardless of its location by January 1, 2007, unless the State
obtains an extension as described in Section 704.287(c) in which
case the deadline is January 2008; or
G) The owner or operator plans to close its well, the owner or operator
must notify the Agency of its intent to close the well (this includes
closing the well prior to conversion) by at least 30 days prior to
closure.
BOARD NOTE: This information is requested on the federal form
entitled “Preclosure Notification for Closure of Injection Wells,”
available from the Agency on request.
BOARD NOTE: Any Agency determination of the most efficient
compliance option under subsection (b)(1)(A), (b)(1)(B), or (b)(1)(E) is
subject to Board review pursuant to Section 40 of the Act [415 ILCS 5/40].
2) If the motor vehicle waste disposal well is new or converted (construction
not started before April 5, 2000) it is prohibited.
BOARD NOTE: Corresponding 40 CFR 144.88(b)(2) sets forth a federal
effective date of April 5, 2000 for the prohibition.
BOARD NOTE: Derived from 40 CFR 144.288, as added at 64 Fed. Reg. 68570 (December 7,
1999).
(Source: Added at 24 Ill. Reg. ________, effective ______________________)
Section 704.289 Closure of a Class V Injection Well
71
The following describes the requirements for closing a Class V injection well:
a) Closure.
1) Prior to closing a Class V large-capacity cesspool or motor vehicle waste
disposal well, the owner or operator must plug or otherwise close the well
in a manner that complies with the prohibition of fluid movement standard
set forth in Section 704.112 and summarized in Section 704.282(a). The
owner or operator must also dispose or otherwise manage any soil, gravel,
sludge, liquids, or other materials removed from or adjacent to the well in
accordance with all applicable federal, State, and local regulations and
requirements, as described in Section 704.282(b).
2) Closure does not mean that the owner or operator needs to cease operations
at its facility, only that the owner or operator needs to close its well. A
number of alternatives are available for disposing of waste fluids.
Examples of alternatives that may be available to motor vehicle stations
include the following: recycling and reusing wastewater as much as
possible; collecting and recycling petroleum-based fluids, coolants, and
battery acids drained from vehicles; washing parts in a self-contained,
recirculating solvent sink, with spent solvents being recovered and replaced
by the supplier; using absorbents to clean up minor leaks and spills, and
placing the used materials in approved waste containers and disposing of
them properly; using a wet vacuum or mop to pick up accumulated rain or
snow melt, and if allowed, connecting floor drains to a municipal sewer
system or holding tank, and if allowed, disposing of the holding tank
contents through a publicly owned treatment works (POTW). The owner or
operator should check with the POTW that it might use to see if the POTW
would accept the owner’s or operator’s wastes. Alternatives that may be
available to owners and operators of a large-capacity cesspool include the
following: conversion to a septic system; connection to sewer; and
installation of an on-site treatment unit.
b) Conversions. In limited cases, the Agency may authorize the conversion
(reclassification) of a motor vehicle waste disposal well to another type of Class V
well. Motor vehicle wells may only be converted if the following two conditions
are fulfilled: (1) all motor vehicle fluids are segregated by physical barriers and
are not allowed to enter the well and (2) injection of motor vehicle waste is
unlikely based on a facility's compliance history and records showing proper waste
disposal. The use of a semi-permanent plug as the means to segregate waste is not
sufficient to convert a motor vehicle waste disposal well to another type of Class V
well.
BOARD NOTE: Derived from 40 CFR 144.289, as added at 64 Fed. Reg. 68572 (December 7,
1999).
72
(Source: Added at 24 Ill. Reg. ________, 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 Class 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
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
73
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 G: 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, Sampling, 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 [415 ILCS 5/13, 22.4, and 27].
SOURCE: Adopted in R81-32, 47 PCB 93, at 6 Ill. Reg. 12479, effective March 3, 1984;
amended in R82-19, 53 PCB 131 at 7 Ill. Reg. 14426, effective March 3, 1984; recodified at 10
Ill. Reg. 14174; amended in R89-2 at 14 Ill. Reg. 3130, effective February 20, 1990; amended in
R89-11 at 14 Ill. Reg. 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. Reg. 18391, effective December 20,
1994; amended in R95-4 at 19 Ill. Reg. 10047, effective June 27, 1995; amended in R00-11/R01-1
at 24 Ill. Reg. ________, effective ______________________.
SUBPART A: GENERAL
Section 730.103
Definitions
The following definitions apply to the underground injection control program.
“Abandoned well” means a well whose use has been permanently discontinued or
which is in a state of disrepair such that it cannot be used for its intended purpose
or for observation purposes.
74
“Act” 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,
42 U.S.C. 6901.).
“Administrator” means the Administrator of the U.S. Environmental Protection
Agency or the Administrator’s designee.
“Agency” means the Illinois Environmental Protection Agency.
“Application” means the Agency forms for applying for a permit, including any
additions, revisions or modifications to the forms. For RCRA, application also
includes the information required by the Agency under 35 Ill. Adm. Code 703.182
et seq. (contents of Part B of the RCRA application).
“Aquifer” means a geological formation, group of formations or part of a formation
that is capable of yielding a significant amount of water to a well or spring.
“Area of review” means the area surrounding an “injection well” described
according to the criteria set forth in Section 730.106 or, in the case of an area
permit, the project area plus a circumscribing area the width of which is either 402
meters (1/4 one-quarter of a mile) or a number calculated according to the criteria
set forth in Section 730.106.
“Casing” means a pipe or tubing of appropriate material, of varying diameter and
weight, lowered into a borehole during or after drilling in order to support the
sides of the hole and thus prevent the walls from caving, to prevent loss of drilling
mud into porous ground or to prevent water gas or other fluid from entering or
leaving the hole.
“Catastrophic collapse” means the sudden and utter failure of overlying “strata”
caused by removal of underlying materials.
“Cementing” means the operation whereby a cement slurry is pumped into a drilled
hole or forced behind the casing.
“Cesspool” means a “drywell” that receives untreated sanitary waste containing
human excreta and which sometimes has an open bottom or perforated sides.
“Confining bed” means a body of impermeable or distinctly less permeable
material stratigraphically adjacent to one or more aquifers.
“Confining zone” means a geological formation, group of formations, or part of a
formation that is capable of limiting fluid movement above an injection zone.
“Contaminant” means any physical, chemical, biological or radiological substance
75
or matter in water.
“Conventional mine” means an open pit or underground excavation for the
production of minerals.
“Date of approval by USEPA of the Illinois UIC program” means February 1,
1984.
“Director” means the Director of the Illinois Environmental Protection Agency or
the Administrator’s designee.
“Disposal well” means a well used for the disposal of waste into a subsurface
stratum.
“Drywell” means a well, other than an improved sinkhole or subsurface fluid
distribution system, that is completed above the water table so that its bottom and
sides are typically dry except when receiving fluids.
“Effective date of the UIC program” means February 1, 1984.
“Environmental Protection Act” means the Environmental Protection Act (Ill. Rev.
Stat. 1987 and 1988 Supp. ch. 111 1/2, par. 1001 et seq.), as amended [415 ILCS
5].
“EPA” means the United States Environmental Protection Agency.
“Exempted aquifer” means an “aquifer” or its portion that meets the criteria in the
definition of “underground source of drinking water” but which has been exempted
according to the procedures of 35 Ill. Adm. Code 704.123, 704.104 and 702.105.
“Existing injection well” means an “injection well” other than a “new injection
well.”
“Experimental technology” means a technology which has not been proven feasible
under the conditions in which it is being tested.
“Facility or activity” means any “HWM facility,” UIC “injection well” or any other
facility or activity (including land or appurtenances thereto) that is subject to
regulation under the “State” RCRA or UIC program.
“Fault” means a surface or zone of rock fracture along which there has been
displacement.
“Flow rate” means the volume per unit time of the flow of a gas or other fluid
substance which emerges from an orifice, pump or turbine or which passes along a
conduit or channel.
76
“Fluid” means material or substance which flows or moves whether in a semisolid,
liquid sludge, gas or any other form or state.
“Formation” means a body of rock characterized by a degree of lithologic
homogeneity which is prevailingly, but not necessarily, tabular and is mappable on
the earth’s surface or traceable in the subsurface.
“Formation fluid” means “fluid” present in a “formation” under natural conditions
as opposed to introduced fluids, such as drilling mud.
“Generator” means any person, by site location, whose act or process produces
hazardous waste identified or listed in 35 Ill. Adm. Code 721.
“Groundwater” means water below the land surface in a zone of saturation.
“Hazardous waste” 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 impoundments or combination of them).
“HWM facility” means “Hazardous Waste Management facility.”
“Illinois” means the State of Illinois.
“Improved sinkhole” means a naturally occurring karst depression or other natural
crevice that is found in volcanic terrain and other geologic settings that have been
modified by man for the purpose of directing and emplacing fluids into the
subsurface.
“Injection well” means a “well” into which “fluids” are being injected.
“Injection zone” means a geological “formation,” group of formations or part of a
formation receiving fluids through a well.
“Lithology” means the description of rocks on the basis of their physical and
chemical characteristics.
“Owner or operator” means the owner or operator of any facility or activity subject
to regulation under the RCRA, UIC, Environmental Protection Act .
“Packer” means a device lowered into a well which can be expanded to produce a
77
fluid-tight seal.
“Permit” means an authorization, license or equivalent control document issued by
the Agency to implement the requirements of this Part and 35 Ill. Adm. Code 702
through 705. Permit does not include RCRA interim status, (35 Ill. Adm. Code
703, Subpart C), UIC authorization by rule (Subpart C of 35 Ill. Adm. Code 704),
or any permit which has not yet been the subject of final Agency action, such as a
“draft permit” or a “proposed permit.”
“Plugging” means the act or process of stopping the flow of water, oil or gas into or
out of a formation through a borehole or well penetrating that formation.
“Plugging record” means a systematic listing of permanent or temporary
abandonment of water, oil, gas, test, exploration and waste injection wells, and
may contain a well log, description of amounts and types of plugging material used,
the method employed for plugging, a description of formations which are sealed
and a graphic log of the well showing formation location, formation thickness and
location of plugging structures.
“Point of injection,” for a Class V well, means the last accessible sampling point
prior to waste fluids being released into the subsurface environment through the
well. For example, the point of injection of a Class V septic system might be the
distribution box--the last accessible sampling point before the waste fluids drain
into the underlying soils. For a dry well, it is likely to be the well bore itself.
“Pressure” means the total load or force per unit area acting on a surface.
“Project” means a group of wells in a single operation.
“Radioactive Waste” means any waste which contains radioactive material in
concentrations which exceed those listed in 10 CFR 20, Appendix B, Table II,
Column 2, incorporated by reference in 35 Ill. Adm. Code 720.111.
“RCRA” means “Act”.
“Sanitary waste” means liquid or solid wastes originating solely from humans and
human activities, such as wastes collected from toilets, showers, wash basins, sinks
used for cleaning domestic areas, sinks used for food preparation, clothes washing
operations, and sinks or washing machines where food and beverage serving
dishes, glasses, and utensils are cleaned. Sources of these wastes may include
single or multiple residences, hotels and motels, restaurants, bunkhouses, schools,
ranger stations, crew quarters, guard stations, campgrounds, picnic grounds, day-
use recreation areas, other commercial facilities, and industrial facilities, provided
the waste is not mixed with industrial waste.
“SDWA” means the Safe Drinking Water Act (Pub. L. 95-523, as amended by P.L.
78
95-190, 42 U.S.C. 300(f)).
“Septic system” means a well, as defined in this Section, that is used to emplace
sanitary waste below the surface and which is typically comprised of a septic tank
and subsurface fluid distribution system or disposal system.
“Site” means the land or water area where any facility or activity is physically
located or conducted, including adjacent land used in connection with the facility or
activity.
“Sole or principal source aquifer” means an aquifer which has been designated by
the Administrator pursuant to Sections 1424(a) or (3) of the SDWA.
“State” means the State of Illinois.
“Stratum” (plural strata) means a single sedimentary bed or layer, regardless of
thickness, that consists of generally the same kind of rock material.
“Subsidence” means the lowering of the natural land surface in response to: earth
movements; lowering of fluid pressure, removal of underlying supporting material
by mining or solution of solids, either artificially or from natural causes;
compaction due to wetting (Hydrocompaction); oxidation of organic matter in soils;
or added load on the land surface.
“Subsurface fluid distribution system” means an assemblage of perforated pipes,
drain tiles, or other similar mechanisms intended to distribute fluids below the
surface of the ground.
“Surface casing” means the first string of well casing to be installed in the well.
“Total dissolved solids” (“TDS”) means the total dissolved (filterable) solids as
determined by use of the method specified in 40 CFR 136, incorporated by
reference in 35 Ill. Adm. Code 720.111.
“UIC” means the Underground Injection Control program under Part C of the Safe
Drinking Water Act, including the approved Illinois program.
“Underground injection” means a “well injection.”
“Underground source of drinking water” (“USDW”) means an “aquifer” or its
portion:
Which supplies any public water system; or
Which contains a sufficient quantity of groundwater to supply a public
water system; and
79
Currently supplies drinking water for human consumption; or
Contains less than 10,000 mg/L mg/l total dissolved solids; and
Which is not an exempted “aquifer”.
“USDW” means “underground source of drinking water.”
“Well” means a bored, drilled, or driven shaft whose depth is greater than the
largest surface dimension; or a dug hole, whose depth is greater than the largest
surface dimension; an improved sinkhole; or a subsurface fluid distribution system.
“Well injection” means the subsurface emplacement of fluids through a bored,
drilled or driven well; or through a dug well, where the depth of the dug well is
greater than the largest surface dimension.
“Well monitoring” means the measurement, by on-site instruments or laboratory
methods, of the quality of water in a well.
“Well plug” means a watertight and gastight seal installed in a borehole or well to
prevent movement of fluids.
“Well stimulation” means several processes used to clean the well bore, enlarge
channels and increase pore space in the interval to be injected thus making it
possible for wastewater to move more readily into the formation, and includes
surging, jetting, blasting, acidizing and hydraulic fracturing.
BOARD NOTE: Derived from 40 CFR 146.3 (19881999), as amended at 64 Fed. Reg. 68573
(December 7, 1999).
(Source: Amended at 24 Ill. Reg. ________, effective ______________________)
Section 730.105
Classification of Injection Wells
Injection wells are classified as follows:
a)
Class I.
1)
Wells used by generators of hazardous wastes or owners or operators of
hazardous waste management facilities to inject hazardous waste beneath
the lowermost formation containing an underground source of drinking
water within 402 meters (1/4 one-quarter mile) of the well bore.
2)
Other industrial and municipal disposal wells that inject fluids beneath the
lowermost formation containing an underground source of drinking water
80
within 402 meters (1/4 one-quarter mile) of the well bore.
3) Radioactive waste disposal wells that inject fluids below the lowermost
formation containing an underground source of drinking water within 402
meters (one-quarter mile) of the well bore.
b)
Class II. Wells that inject fluids:
1)
That are brought to the surface in connection with conventional oil or
natural gas production and which may be commingled with wastewaters
from gas plants that are an integral part of production operations, unless
those waters are classified as a hazardous waste at the time of injection;
2)
For enhanced recovery of oil or natural gas; and
3)
For storage of hydrocarbons that are liquid at standard temperature and
pressure.
c)
Class III. Wells that inject for extraction of minerals, including:
1)
Mining of sulfur by the Frasch process;
2)
In situ production of uranium or other metals. This category includes only
in situ production from ore bodies that have not been conventionally mined.
Solution mining of conventional mines, such as stopes leaching, is included
in Class V; and
3)
Solution mining of salts or potash.
BOARD NOTE: Class III wells include the recovery of geothermal energy
to produce electric power but do not include wells used in heating or
aquaculture that fall under Class V.
d)
Class IV.
1)
Wells used by generators of hazardous waste or of radioactive waste, by
owners or operators of hazardous waste management facilities, or by
owners or operators of radioactive waste disposal sites to dispose of
hazardous waste or radioactive waste into a formation that contains an
underground source of drinking water within 402 meters (1/4 one-quarter
mile) of the well.
2)
Wells used by generators of hazardous waste or of radioactive waste, by
owners or operators of hazardous waste management facilities, or by
owners or operators of radioactive waste disposal sites to dispose of
hazardous waste or radioactive waste above a formation that contains an
81
underground source of drinking water within 402 meters (1/4 one-quarter
mile) of the well.
3)
Wells used by generators of hazardous waste or owners or operators of
hazardous waste management facilities to dispose of hazardous waste that
cannot be classified under subsection (a)(1), (d)(1), or (d)(2) above of this
Section (e.g., wells used to dispose of hazardous wastes into or above a
formation that contains an aquifer that has been exempted pursuant to
Section 730.104).
e)
Class V. Injection wells not included in Class I, Class II, Class III, or Class IV.
Specific types of Class V injection wells include the following:
1)
Air conditioning return flow wells used to return the water used in a heat
pump for heating or cooling to the supply aquifer;
2)
Cesspools, including multiple dwelling, community, or regional cesspools,
or other devices that receive wastes that have an open bottom and
sometimes have perforated sides. The UIC requirements do not apply to
single family residential cesspools or to non-residential cesspools that
receive solely sanitary wastes and have the capacity to serve fewer than 20
persons a day;
3)
Cooling water return flow wells used to inject water previously used for
cooling;
4)
Drainage wells used to drain surface fluid, primarily storm runoff, into a
subsurface formation;
5)
Dry wells used for the injection of wastes into a subsurface formation;
6)
Recharge wells used to replenish the water in an aquifer;
7)
Salt water intrusion barrier wells used to inject water into a fresh water
aquifer to prevent the intrusion of salt water into the fresh water;
8)
Sand backfill and other backfill wells used to inject a mixture of water and
sand, mill tailings, or other solids into mined out portions of subsurface
mines whether what is injected is a radioactive waste or not;
9)
Septic system wells used to inject the waste or effluent from a multiple
dwelling, business establishment, community, or regional business
establishment septic tank. The UIC requirements do not apply to single
family residential septic system wells, or to nonresidential septic system
wells that are used solely for the disposal of sanitary waste and which have
the capacity to serve fewer than 20 persons a day;
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10)
Subsidence control wells (not used for the purpose of oil or natural gas
production) used to inject fluids into a non-oil or gas producing zone to
reduce or eliminate subsidence associated with the overdraft of fresh water;
11)
Radioactive waste disposal wells other than Class IV wells;
12)
Injection wells associated with the recovery of geothermal energy for
heating, aquaculture or production of electric power;
13)
Wells used for solution mining of conventional mines such as stopes
leaching;
14)
Wells used to inject spent brine into the same formation from which it was
withdrawn after extraction of halogens or their salts; and
15)
Injection wells used in experimental technologies.
(Source: Amended at 24 Ill. Reg. ________, effective ______________________)
Section 730.110
Plugging and Abandoning Class I and Class III Wells
a) Requirements for Class I, II and III injection wells.
a1)
Prior to abandoning a Class I or Class III well, the well shall must be
plugged with cement in a manner that will not allow the movement of fluids
either into or between underground sources of drinking water. The Agency
may allow Class III wells to use other plugging materials if it is satisfied
that such materials will prevent movement of fluids into or between
underground sources of drinking water.
B2)
Placement of the cement plugs shall must be accomplished by one of the
following:
1A)
The Balance Method;
2B)
The Dump Bailer Method;
3C)
The Two-Plug Method; or
4D)
An alternative method approved by the Agency in the permit that will
reliably provide a comparable level of protection to underground sources
of drinking water.
C3)
The well to be abandoned must be in a state of static equilibrium with the
mud weight equalized top to bottom, either by circulating the mud in the
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well at least once or by a comparable method prescribed by the Agency,
prior to the placement of the cement plug.
D4)
The plugging and abandonment required in 35 Ill. Adm. Code 704.188
704.181(f) and 704.187 704.188 must also demonstrate adequate protection
of USDWs in the case of a Class III well that underlies or is in an aquifer
that has been exempted under Section 730.104. The Agency shall must
prescribe aquifer cleanup and monitoring where it deems it necessary and
feasible to insure adequate protection of USDWs.
b) Requirements for Class IV injection wells. Prior to abandoning a Class IV well,
the owner or operator must close the well in accordance with 35 Ill. Adm. Code
704.145(b).
c) Requirements for Class V injection wells.
1) Prior to abandoning a Class V injection well, the owner or operator must
close the well in a manner that prevents the movement of fluid containing
any contaminant into an underground source of drinking water if the
presence of that contaminant may cause a violation of any primary drinking
water regulation under 35 Ill. Adm. Code 611, any of the ground water
quality standards of 35 Ill. Adm. Code 620, or may otherwise adversely
affect the health of persons. Closure requirements for motor vehicle waste
disposal wells and large-capacity cesspools are reiterated at Section
704.289.
2) The owner or operator must dispose of or otherwise manage any soil,
gravel, sludge, liquids, or other materials removed from or adjacent to the
well in accordance with all applicable federal, State, and local regulations
and requirements.
(Source: Amended at 24 Ill. Reg. ________, 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 738
HAZARDOUS WASTE INJECTION RESTRICTIONS
SUBPART A: GENERAL
Section
738.101
Purpose, Scope, and Applicability
84
738.102
Definitions
738.103
Dilution Prohibited as a Substitute for Treatment
738.104
Case-by-Case Extensions of an Effective Date
738.105
Waste Analysis
SUBPART B: PROHIBITIONS ON INJECTION
Section
738.110
Waste Specific Prohibitions - Solvent Wastes
738.111
Waste Specific Prohibitions - Dioxin-Containing Wastes
738.112
Waste Specific Prohibitions - California List Wastes
738.114
Waste Specific Prohibitions - First Third Wastes
738.115
Waste Specific Prohibitions - Second Third Wastes
738.116
Waste Specific Prohibitions - Third Third Wastes
738.117
Waste-Specific Prohibitions - Newly-Listed Wastes
738.118
Waste-Specific Prohibitions - Newly-Listed and Identified Wastes
SUBPART C: PETITION STANDARDS AND PROCEDURES
Section
738.120
Petitions to Allow Injection of a Prohibited Waste
738.121
Required Information to Support Petitions
738.122
Submission, Review and Approval or Denial of Petitions
738.123
Review of Adjusted Standards
738.124
Termination of Adjusted Standards
AUTHORITY: Implementing Sections 13 and 22.4 and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/13, 22.4 and 27].
SOURCE: Adopted in R89-2 at 14 Ill. Reg. 3059, effective February 20, 1990; amended in R89-
11 at 14 Ill. Reg. 11948, effective July 9, 1990; amended in R90-14 at 15 Ill. Reg. 11425,
effective July 24, 1991; amended in R92-13 at 17 Ill. Reg. 6190, effective April 5, 1993; amended
in R93-6 at 17 Ill. Reg. 15641, effective September 14, 1993; amended in R95-4 at 19 Ill. Reg.
9501, effective June 27, 1995; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 238, effective
December 16, 1997; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17486, effective September
28, 1998; amended in R98-21/R99-2/R99-7 at 23 Ill. Reg. 1695, effective January 19, 1999;
amended in R00-11/R01-1 at 24 Ill. Reg. ________, effective ______________________.
SUBPART B: PROHIBITIONS ON INJECTION
Section 738.118
Waste-Specific Prohibitions - Newly-Listed and Identified Wastes
a)
All newly identified D004 through D011 wastes and characteristic mineral
processing wastes, except those identified in subsection (b) of this Section, are
prohibited from underground injection.
b)
Effective May 26, 2000, characteristic Characteristic hazardous wastes from
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titanium dioxide mineral processing, and radioactive wastes mixed with newly
identified D004 through D011 or mixed with newly identified characteristic
mineral processing wastes, are prohibited from underground injection.
c)
The wastes specified in 35 Ill. Adm. Code 721 as USEPA hazardous waste
numbers F032, F034, F035 are prohibited from underground injection.
d)
Effective May 12, 1999, the The wastes specified in 35 Ill. Adm. Code 721 as
USEPA hazardous waste numbers F032, F034, F035 that are mixed with
radioactive wastes are prohibited from underground injection.
e)
The wastes specified in 35 Ill. Adm. Code 721.132 as having the following USEPA
hazardous waste numbers are prohibited from underground injection: K156, K157,
K158, K159, K160, K161, P127, P128, P185, P188, P189, P190, P191, P192,
P194, P196, P197, P198, P199, P201, P202, P203, P204, P205, U271, U277,
U278, U279, U280, U364, U365, U366, U367, U372, U373, U375, U376, U377,
U378, U379, U381, U382, U383, U384, U385, U386, U387, U389, U390, U391,
U392, U393, U394, U395, U396, U400, U401, U402, U403, U404, U407, U409,
U410, and U411.
K156
K157
K158
K159
K160
K161
P127
P128
P185
P188
P189
P190
P191
P192
P194
P196
P197
P198
P199
P201
P202
P203
P204
P205
U271
U277
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U278
U279
U280
U364
U365
U366
U367
U372
U373
U375
U376
U377
U378
U379
U381
U382
U383
U384
U385
U386
U387
U389
U390
U391
U392
U393
U394
U395
U396
U400
U401
U402
U403
U404
U407
U409
U410
U411
f)
The wastes specified in 35 Ill. Adm. Code 721.132 as USEPA hazardous waste
number K088 is prohibited from underground injection.
g)
The wastes specified in 35 Ill. Adm. Code 721 as having the following USEPA
hazardous waste numbers and Mixed TC/Radioactive wastes are prohibited from
underground injection: D018, D019, D020, D021, D022, D023, D024, D025,
D026, D027, D028, D029, D030, D031, D032, D033, D034, D035, D036, D037,
87
D038, D039, D040, D041, D042, and D043.
D018
D019
D020
D021
D022
D023
D024
D025
D026
D027
D028
D029
D030
D031
D032
D033
D034
D035
D036
D037
D038
D039
D040
D041
D042
D043
h)
The wastes specified in 35 Ill. Adm. Code 721.132 as USEPA hazardous waste
number K140, and in 35 Ill. Adm. Code 721.133(f) as USEPA hazardous waste
number U408 are prohibited from underground injection.This subsection
corresponds with 40 CFR 148.18(h), which USEPA has removed and marked
“reserved.” This statement maintains structural consistency with the federal
regulations.
i)
Effective February 8, 1999, the The wastes specified in 35 Ill. Adm. Code 721.132
as USEPA hazardous waste numbers K169 through K172 are prohibited from
underground injection.
(Source: Amended at 24 Ill. Reg. ________, effective ______________________)
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IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, do hereby certify that the
above opinion and order was adopted on the 7th day of September 2000 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
