ILLINOIS POLLUTION CONTROL BOARD

June 30,

1988

THE

MATTER

OF:

)

UIC UPDATE, USEPA REGULATIONS

)

 R88—2

(7—1—87 THROUGH 12—31—87)

FINAL ORDER.

 ADOPTED RULE

ORDER OF THE BOARD

 (by J. Anderson):

Pursuant to Section 13(c)

 of the Environmental Protection

Act (Act),

 the Board is amending

 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

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 Order

 is supported by an Opinion adopted this same

day.

 The complete text of

 the amendments

 is as follows:

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

90—685

—2—

704. 106

704. 107

Classification of Injection Wells

Definitions

SUBPART

B:

 PROHIBITIONS

Prohibition of Unauthorized Injection

Prohibition of Movement of Fluid

 into USDW

Identification of USDW and Exempted Aquifers

Prohibition of Class

 IV Wells

SUBPART

C:

 AUTHORIZATION OF UNDERGROUND INJECTION BY RULE

Section

704.141

704.142

704.143

704.144

704.145

704.146

704.147

704.148

704.

149

704.150

704.151

Existing Class

 I and III Wells

Existing Class

 IV Wells,

 not into USDW (Renumbered)

Expiration of Authorization

Requirements

Existing Class

 IV Wells

Class V Wells

Requiring

 a Permit

Inventory Requirements

Requiring other

 Information

Requirements for Class

 I and III Wells authorized by

Rule

RCRA Interim Status for Class

 I Wells

SUBPART

D:

 APPLICATION FOR PERMIT

Section

704.161

704.162

704.163

704.164

Section

704.181

704.182

704.183

704.184

704.185

704.186

704.187

704.188

704.189

704.190

704.191

704.192

704.193

Application for Permit; Authorization by Permit

Area

Permits

Emergency Permits

Signatories

 to Permit Applications

SUBPART

E:

 PERMIT CONDITIONS

Additional Conditions

Establishing UIC Permit Conditions

Construction Requirements

Corrective Action

 Operation Requirements

Hazardous Waste Requirements

Monitoring and Reporting

Plugging and Abandonment

Financial Responsibility

Mechanical Integrity

Additional Conditions

Waiver

 of Requirements by Agency

Corrective Action

Section

704.121

704. 122

704.123

704.124

90—686

—3—

SUBPART

F:

 REQUIREMENTS FOR WELLS INJECTING HAZARDOUS WASTE

3ection

704. 201

704. 202

704.203

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 12 111.

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.

Adin.

 Code 703 are set out

 in the applicable provisions

 of this

Part,

35

 Ill.

 Adni.

 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

Applicability

Author ization

Requirements

SUBPART

FINANCIAL

RESPONSIBILITY

FOR

CLASS

HAZARDOUS

WASTE

INJECTION

WELLS

90—687

—4—

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

application.

Except

for

owners

operators

authorized by rule,

 all underground

 injections are

prohibited unless authorized by permit.

 Persons

currently authorized

 by rule must still apply for a

permit

specified

subsection

(b)

unless

the

authorization

was

for

Class

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

emergency

permits

are

found

exclusively

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,

August

1984;

C)

 Except as otherwise provided

 in subsections

(b)(l)(A) and

 (b)(1)(B), by February 1, 1986.

2)

 For new injection wells,

 except new wells in

projects authorized under Section 704.141 or

covered

existing

area

permit

under

Section

90—688

—5—

704.162(c),

 a reasonable time before construction

is expected

 to begin.

(Board Note:

 See 40 CFR 144.31(c)

 (1987))

c)

 Contents of UIC application.

 The applicant shall

demonstrate that the underground injection will not

endanger

 drinking water sources.

 The form and content

of the UIC permit application may be prescribed by the

Agency including the materials required by

 35 Ill. Adm.

Code 702.123.

ci)

 Information requirements for Class

 I hazardous waste

injection wells.

1)

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)

a—

e)

 In addition to the materials required by 35 Ill.

 Acm.

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.

(Board Note:

See

 40 CFR 144.3l—+&~7+e+7 ~

~

—(e)(9)

 (1987))

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.

90—689

—6—

Source:

 Amended at 12

 Ill.

 Reg.

effective

The Board will withhold filing of

 these amendments until

July 15,

 1988,

 in order

 to allow time for motions for

reconsideration by. the agencies involved in the authorization

process.

IT IS SO ORDERED

I,

 Dorothy M.

 Gunn,

 Clerk

 of the Illinois Pollution Control

Board, hereby certif~çthat the above Order was adopted on

the io~day of

______________,

 1988, by a vote

of

 :7—to

_____

Dorothy M.

 Gunn, Clerk

Illinois Pollution Control Board

90—690