ILLINOIS POLLUTION CONTROL BOARD

April

 21, 1988

IN THE MATTER OF:

)

UIC UPDATE,

 USEPA REGULATIONS

)

 R88—2

(7—1—87 THROUGU 12—31—87)

PROPOSAL FOR PUBLIC COMMENT

PROPOSED ORDER OF THE BOARD

 (by J. Anderson):

Pursuant

 to Section 13(c)

of

 the Environmental Protection

Act

 (Act),

 the Board

 is proposing

 to amend

 the UIC regulations

found

in

35

 Ill.

 Adm.

 Code 704.

On January

7,

 1988 the Board opened this docket

 for the

purpose of updating

 the UIC rules

 to agree with

 recent USEPA

amendments.

Section 13 of the Act governs adoption of regulations

establishing

 the UIC program

 in Illinois.

 Section 13(c) provides

for quick adoption of

 regulations which

 are “identical

in

substance”

 to federal regulations;

 Section 13(c) provides that

Title VII

 of the Act and Section

 5 of the Administrative

Procedure Act shall not apply.

 Because

 this

 rulemaking

 is not

subject

 to Section

 5 of

 the Administrative Procedure

 Act,

it

is

not subject

 to first notice

or

 to second notice review by the

Joint Committee

 on Administrative Rules

 (JCAR).

 The federal UIC

regulations are found at

 40 CFR 144 and 146.

 This rulemaking

updates Illinois’ UIC rules

 to correspond with

 federal amendments

during the period July

 1 through December 31,

 1987.

This Proposed Order

 is supported by a Proposed Opinion

adopted this same day.

 The complete text of the proposed

amendments

 is attached

 to this Order.

IT

 IS SO ORDERED

I,

 Dorothy

 M. Gunn,

 Clerk

 of the Illinois Pollution Control

Board

 hereby certi~ythat the above Order was adopted on

the ~j~~day

of

______________,

 1988,

by

 a vote

of

_________

Dorothy M

 unn, Clerk

Illinois Pollution Control Board

88—467

—2—

Section

TITLE

35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER

I:

 POLLUTION CONTROL BOARD

SUBCHAPTER

b:

 PERMITS

Content

PART 704

UIC PERMIT PROGRAM

SUBPART A:

 GENERAL PROVISIONS

Scope of the Permit

 or Rule Requirement

Identification of Aquifers

Exempted Aquifers

Specific Inclusions and Exclusions

Classification

 of Injection ~Qells

Definitions

Section

704.121

704.122

704

123

704.124

Prohibition

 of Unauthorized

 Injection

Prohibition of Movement of Fluid

 into EJSDW

Identification of USD~Jand Exempted Aquifers

Prohibition of Class

 IV Wells

SUBPART

C:

 AUTHORIZATION OF UNDERGROUND

INJECTION

RULE

Section

704.141

704.142

704.143

704.144

704.145

704.146

704.147

704.148

704

149

704.150

704.151

Existing Class

 I and III Wells

Existing Class

 IV Wells,

 not into

 IJSDW

 (Renumbered)

Expiration of Authorization

Requiremerits

Existing Class IV Wells

Class V Wells

Requiring

 a Permit

Inventory Requirements

Requiring other

 Information

Requirements

 for Class

 I and III Wells authorized by

Rule

RCRA Interim Status

 for Class

 I Wells

SUBPART

D:

 APPLICATION FOR PERMIT

Application for

 Permit; Authorization by Permit

Area Permits

Emergency Permits

Signatories to Permit Applications

SUBPART

E:

 PERMIT CONDITIONS

Section

704. 181

704.182

704.183

704.184

704. 185

Additional Conditions

Establishing

 LIIC Permit Conditions

Construction Requirements

Corrective Action

Operation Requirements

704.101

704.102

704.103

704. 104

704.105

704. 106

704.107

SUBPART

B:

 PROHIBITIONS

Section

704.161

704.162

704. 163

704. 164

88—46

—3—

SUBPART

F:

 REQUIREMENTS FOR V~ELLSINJECTING HAZARDOUS WASTE

Section

704.201

 Applicability

704.202

 Authorization

704.203

 Requirements

SUBPART

C:

 FINANCIAL RESPONSIBILITY FOR CLASS

I

HAZARDOUS WASTE INJECTION WELLS

Section

704.210

704. 211

704. 212

704.213

704. 214

704

215

704. 216

704.217

704. 218

704.219

704. 220

704. 221

704. 222

704. 230

704.240

Applicability

Definitions

Cost Estimate

 for Plugging and Abandonment

Financial Assurance

 for Plugging and Abandonment

 Trust Fund

Surety Bond Guaranteeing Payment

Surety Bond Guaranteeing Performance

Letter

 of Credit

Plugging and Abandonment Insurance

Financial Test and Corporate Guarantee

Multiple Financial Mechanisms

Financial Mechanism for Multiple Facilities

Release of

 the Owner

 or Operator

Incapacity

Wording

 of the Instruments

AUTHORITY:

 Implementing Sections 13 and 22.4 and authorized by

Section

 27 of

 the Environmental Protection Act

 (Ill.

 Rev.

 Stat.

1981,

ch.

 111 1/2, pars.

 1013,

 1022.4 and 1027).

SOURCE:

 Adopted

 in R81—32,

at

 47 PCB 95,

at

 6 Ill.

 Reg. 12479,

effective as noted

in

35

 Ill.

 Adm.

 Code 700.106; amended

 in R82—

19,

at

7

 Ill.

 Reg.

 14402, effective as noted

in

 35 Ill. Adm. Code

700.106; amended

 in R83—39, at

 55 PCB 319,

at

 7 Ill.

 Reg.

 17338,

effective December

19,

 1983; amended

 in R85—23 at

10

 Ill.

 Reg.

13290, effective July 29,

 1986;

 amended

 in R87—29 at

12

 Ill.

Reg.

 6687,

 effective March 28,

 1988;

 amended

 in R88—2 at

 12 Ill.

Reg.

 effective

SUBPART C:

 AUTHORIZATION OF UNDERGROUND INJECTION BY RULE

Section 704.151

 RCRA Interim Status

 for Class

 I Wells

The minimum standards which define acceptable

 injection of

hazardous waste during the period

 of interim status under

35

 Ill.

Adm.

 Code

 703 are set out

 in the applicable provisions

 of this

704. 186

704. 187

704. 188

704. 189

704. 190

704.191

704. 192

704.193

Hazardous Waste Requirements

Monitoring

 and Reporting

Plugging and Abandonment

Financial Responsibility

Mechanical Integrity

Additional Conditions

Waiver

 of Requirements by Agency

Corrective Action

88—469

—4—

Part,

35

 Ill.

 Adm.

 Code 725.530 and

 730.

 The issuance of

 a UIC

permit does not automatically terminate

 interim status.

 A Class

I well’s interim status does,

 however, automatically terminate

upon issuance

 to that well of

 a RCRA permit,

 or upon the well’s

receiving

 a RCRA permit by rule under

35

 Ill.

 Adm.

 Code

 703.141.

 Thus, until

 a Class

 I well

 injecting hazardous waste

receives

 a RCRA permit or RCRA permit by

 rule,

 the well’s interim

status requirements are the applicable requirements imposed

pursuant to this Part and

35

 Ill.

 Adm.

 Code 725 and 730,

including any requirements imposed

 in the UIC permit.

(Board Note:

See

 40 CFR 144.1(h),

 as adopted

at

 52 Fed. Reg~

45797,

 December

1,

 1987)

(Source:

 Added

at

 12 Ill.

 Reg.

effective

SUBPART

D:

 APPLICATION FOR PERMIT

Section 704.161

 Application for Permit;

 Authorization by

Permit

a)

 Permit application.

 Except for owners

 or operators

authorized by rule,

 all underground injections are

prohibited unless authorized by permit.

 Persons

currently authorized by rule must still

 apply

 for a

permit

 as specified

 in subsection

 (b) unless the

authorization was

for

 a Class V well under Section

704.146.

 Rules authorizing well injections

 for which

permit applications have been submitted shall lapse for

a particular

 well

 injection or project upon the

effective date

 of the permit or permit denial for that

 well

 injection

 or project.

 Procedures

 for application

issuance and administration

 of emergency permits

are

found exclusively

 in Section 704.163.

(Board Note:

 See 40 CFR 144.31(a)

 (1987))

b)

 Time

 to apply.

 Any person who performs or proposes an

underground injection for which

 a permit

 is or will

be

required shall submit an application to the Agency as

follows:

1)

 For existing wells:

A)

 Within 180 days after

 the Agency notifies such

person that

 an application

 is required;

or

B)

If

 the waste being injected into the well

is

a

hazardous waste accompanied by

 a manifest or

delivery document, by August

1,

 1984;

or

C)

 Except as otherwise provided

 in subsections

88—470

—5—

(b)(l)(A)

 and (b)(l)(B),

 by February

1,

 1986.

2)

 For new injection wells,

 except new wells

in

projects authorized under Section 704.141

or

covered

 by an existing area permit under Section

704.162(c),

 a reasonable time before construction

is expected

to

 begin.

(Board Note:

 See 40 CFR 144.31(c)

 (1987))

 Contents of UIC application.

 The applicant

 shall

demonstrate

 that the underground

 injection will not

endanger drinking water sources.

 The form and content

of

 the UIC permit application may be prescribed by the

Agency including the materials required by

 35 Ill. Adm.

Code 702.123.

d)

 Information

 requirements

 for Class

 I hazardous waste

injection wells.

1)

 The following

 information

 is required

 for each

active Class

 I hazardous waste

 injection well

at

a

facility seeking

 a UIC permit:

A)

 Dates well was operated.

B)

 Specification of all wastes which have been

injected

 into the well,

 if available.

2)

 The owner

 or operator of any facility containing

one or more active hazardous waste

 injection wells

must submit all available information pertaining

to

any release

 of hazardous waste or constituents from

any active hazardous waste injection well at the

facility.

3)

 The owner

 or operator of any facility containing

one or more active Class

 I hazardous waste

injection wells must conduct such preliminary site

investigations

 as are necessary to determine

 whether

 a release

 is occurring,

 has occurred

or

is

likely

 to have occurred.

(Board Note:

See

 40 CFR 144.31(g)

 (1987),

as

amended

at

 52 Fed.

 Reg.

 45797, December

1,

 1987)

d—

e)

 In addition

 to the materials

 required by

35

 Ill.

 Adm.

Code 702.123,

 the applicant shall identify and submit on

a list with

 the permit application

 the names and

addresses

 for all owners

 of record of

 land within one—

quarter mile

 (401 meters)

 of the facility boundary.

This

 requirement may be waived by the Agency where

the

site

 is located

in

 a populous area such that the

requirement would be impracticable.

88—471

—6—

(Board Note:

 See 40 CFR 144.3l—+e-)~+e+7

—(e)(9)

 (1987))

(Source:

 Amended at

12

 Ill.

 Reg.

effective

)

88—47 2