ILLINOIS POLLUTION CONTROL BOARD

December

15,

1983

In the matter of:

TECHNICAL CORRECTIONS

)

R83-24

TO PHASE II RCRA

RULES

FINAL

ORDER.

ADOPTED

RULE

ORDER

OF

THE

BOARD

(by

D,

Anderson):

The

Board

hereby

amends

35

Iii.

Adm.

Code

700.106,

700.501,

703.127

and

703.153.

The

full text of

the

amendments

is

attached

to

this

Order

and

will

appear

in the

Opinion

volumes.

This Order

is supported by an Opinion with this

same dateS

IT IS SO ORDERED.

I, Christan

L,

Moffett, Clerk

of the Illinois Pol1utio~~

Control Board, hereby certify that the above Order was

adopted on the

~

day of

~

1983 by a vote

of

~

~

Christan

L. Moffett, C1e~~

Illinois

Pollution

Contr’ol Board

55-303

---

TITLE 35:

ENVIRONMENTAL PROTECTION

SUBTITLE G:

WASTE DISPOSAL

CHAPTER

I:

POLLUTION

CONTROL

BOARD

SUBCHAPTER a:

GENERAL PROVISIONS

PART

700

OUTLINE OF WASTE DISPOSAL REGULATIONS

SUBPART A:

GENERAL

~c~r~+-

1

r~r~

700.101

700.102

700.103

700.104

700,105

700.106

700. 107

700.108

700. 109

Section

700. 201

700.205

700.210

700,215

700.220

700.225

700.230

700.235

700.240

700.245

700.250

700.255

700. 260

700.265

Applicability

Other Regulations

Organization

Intent and Purpose

Interim Status

(Renumbered)

Effective Dates

Severability

References to Federal Rules

Permits Prior

to Authorization

J

~J_~LLLJ_

~

SUBPART

B:

DEFINITIONS

Operating

Requirements

Manifests

Small Quantity Exemptions

Definitions

Act

Chapter

7 Operating Requirements

Chapter

7

Permits

Chapter

9 Operating Requirements

Chapter

9 Permits

Conflict

HWM

Operating Requirements

Permit Requirements

RCRA Operating Requirements

RCRA Permit

RCRA

Rules

Subject To

SUBPART C:

GENERATORS

Permits

Operating Requirements

Manifests

Small Quantity Exemptions

SUBPART D:

TRANSPORTERS

Section

700. 301

700.302

700.303

700. 304

Section

-inn

i~ni

I

‘J ‘J

.

—,

‘./ ~

700.402

700.403

700.404

55-304

---

—3--

SUBPART

E:

OWNERS AND OPERATORS OF HWM SITES

Section

700.501

Permits

700.502

Operating Requirements

700.503

Manifests

700.504

Small Quantity Exemptions

SUBPART F:

HAZARDOUS

(INFECTIOUS)

HOSPITAL WASTE

Section

700,601

Hazardous

(Infectious)

Hospital Waste

700.602

General Rule

700.603

Generators

700,604

Transporters

700.605

Owners and Operators

Appendix A

Applicability Provisions

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 R8l—22, 43_PCB 427, at

5 Ill.

Reg.

9781,

effective as

noted in Section 700,106; amended

and codified

in R81—22,

45PCB

317,

at

6 Ill.

Reg.

4828, effective as

~ted

in Section

700.106;

amended

in

R81—32,

47PCB_93,

at

6

Ill.

Reg.

12,655,

effective as not~d

in

Secton

700.106;

amended

in_R82—18, 51PCB

31,

at

7 111.

Reg.

2518,

effective

February 22,

1983;

amended inRS2—19,

at

7 Ill.

Req.

14457,

effective October

12,

1983; amended inRS3—24,

at

7

Iii.

Reg.

,

effective

SUBPART A:

GENERAL

Section 700.106

Effective Dates

a)

The effective date

of

35 Ill, Adm.

Code 700,

720,

721,

722,

723 and 725

is May 17,

1982.

Earlier

effective dates specified

in the rules

are inopera—

tive

and are applicable only as federal

rules.

b)

35

Ill, Adm.

Code 702,

704 and 705,

to the extent

they apply to

the issuance of UIC

(Underground

Injection

Control) permits ~a~i—~eeeme

became

effective

upe~on the_effective date

of

~

Section.

However, UIC ~~mits_shall

not be issued

~Hor

to

the date on which USEPA

approves the UIC

program for the State

of

Illinois

pursuant to

Section

1422

of the

SDWA

(Safe Drinking Water

Act)

and

40 CFR 123,

55-305

---

c)

35

Ill. Adm, Code 730 shaI~—beeemebecame

effective

~pe~ on the effeetive date of this Section

.

However,

~~~rmits

shall not be issued prior to the date

upon which USEPA approves the UIC program for the

State

of Illinois pursuant to Section

1422

of

the

SDWA and

40 CFR 123,

d)

35

Ill, Adm,

Code 702 and 705,

to the

extent the~

apply to the issuance of RCRA permits, s~a~

~eeeme became effective upen on the effective

date of~f~Section~ However, RCRA permits

shall not be issued prior to the date upon

which

~K~rants

final authorization for any component

of the Phase II RCRA proqram.

e)

35 Ill, Adm, Code 7037—Spaf-B-a~d-e-~ha~

~

~

f~-

~

~

and 724 became effective October12,_1983;

however,

RCRA permits

shall not

be_issued prior

to the date on which

USEPA grants

final authoriza-

t

ion to the

Age~~~oissuepermits

for thatc

lass

~

unit,

(Source:

Amended at

Ill.

Req.

____

,

effective

SUBPART

E:

OWNERS AND OPERATORS OF HWM SITES

Section 700,501

Permits

a)

Section 21(f)

of the Environmental

Protection Act

and

35

Ill, Adm,

Code 703 require

RCRA.

permits

for

owners and operators of HWM facilities,

35

Ill,

Adm, Code 703 contains

interim status”

rules

which provide that RCRA permits are deemed

issued

for certain facilities,

b)

1)

After final authorization ~the owner or

operator of an HWM facility for which

an

actual RCRA permit has been issued must

obtain a permit pursuant to

Section 21(d)

of

the Environmental Protection

Act, Ruies—29~

55-306

---

—5--

~

and 35 Ill.

Adrn.

Code

807.201 and 807,202 only for treatment,

storage and disposal

units

which accept non—

hazardous waste and which are otherwise

subject to that permit requirement.

The

Agency may consolidate these permits for

review.

2)

Until

final authorization HWM owners and opera-

tors must obtain permits pursuant t6~ection

21(d)

of the Environmental Protection Act

and

35 Ill. Adm,

Code 807.201 and 807.202

if

they are subject to those rules.

Examples of

facilities subject to the RCRA rules but not

Chapter

7 include ~TEes

conducting open_burnir~q

of explosive waste or land application~T

sludge,

dc)

Owners and operators subject to the RCRA rules

USEPA

(Section 725,111).

(Source:

Amended at

—

Ill.

Reg.

,

effective

55-307

---

-‘6—

TITLE 35:

ENVIRONMENTAL PROTECTION

SUBTITLE G:

WASTE

DISPOSAL

CHAPTER

I:

POLLUTION CONTROL BOARD

SUBCHAPTER

b:

PERMITS

PART 703

RCRA

PERMIT

PROGRAM

Prohibitions

in General

RCRA Permits

Specific Inclusions

in Permit Program

Specific

Exclusions

from Permit

Program

Spills

Reapplications

Initial Applications

~

(ReRealed)

SUBPART

C:

AUTHORIZATION BY RULE AND INTERIM

STATUS

Section

703.

140

703. 141

703.150

703.151

703.152

703.153

703. 154

703.

155

703.156

703.157

703.158

Purpose

and Scope

Permits

by

Rule

Application

by Existing HWM Facilities

Application by New HWM Facilities

Amended Part A Application

Qualifying for Interim Status

Prohibitions During Interim Status

Changes

During Interim Status

Interim Status Standards

Grounds for Termination of Interim Status

Permits

for Less

Than

an

Entire

Facility

SUBPART

D:

APPLICATIONS

SUBPART A:

GENERAL PROVISIONS

Scope and Relation to Other Parts

Purpose

References

SUBPART

B:

PROHIBITIONS

Section

703.100

703,101

Section

703. 120

703.121

703.122

703. 123

703. 124

703.125

703.126

703. 127

Section

703,

180

703,181

703.182

703.183

703. 184

Applications

in General

Contents of Part A

Contents of Part B

General Information

Facility

Location

Information

55-308

---

—7—

Groundwater Protection Information

Containers

Surface Impoundments

Incinerators

Land Treatment

SUBPART

E:

Section

703. 221

703.222

703.223

703.224

703. 225

703.230

Emergency Permits

Incinerator Conditions Prior to Trial Burn

Incinerator Conditions During Trial Burn

Incinerator Conditions After Trial Burn

Trial Burns

for Existing Incinerators

SUBPART F:

PERMIT CONDITIONS

Establishing Permit Conditions

Noncompliance Pursuant to Emergency Permit

Notice of Planned Changes

Release or Discharge Reports

Reporting Requirements

AUTHORITY:

Implementing Section 22,4 and authorized by

Section

27 of the Environmental Protection Act

(Ill.

Rev.

Stat.

1981,

ch.

111 1/2, pars. 1022,4 and 1027).

SOURCE:

Adopted in R82-19 at

7 Ill,

Reg.

14289, effective

October 12,

1983;

amended in

R83-24 at

-~

Ill.

Reg.

_______

effective

___________

Section

703.241

703,242

703. 243

703.244

703. 245

55-309

---

SUBPART

B:

Section 703.127

~

(Repealed)

~

~

~

(Source:

Repealed at

111,

keg.

,

effective

55-310

---

SUBPART

C:

Section 703.153

Qualifying for Interim Status

Any person who owns or operates an “existing HWM facility” shall

have interim status and shall

be treated as having been

issued

a permit to the extent he or she has:

a)

Complied with the requirements of Section 3010(a)

of the Resource conservation and Recovery Act

pertaining

to notification of hazardous

waste

activity;

(Board Note:

Some existing facilities may not

be required to file a notification under Section

3010(a) of

RCRA,

These facilities may qualify

for interim status by meeting paragraph

(b).)

b)

Complied with the requirements of Sections ~~I8~4a3-

of Part A applications;

c)

When the Agency determines on examination or

reexamination of a Part A application that it fails

to meet the standards of these regulations,

it may

notify the owner or operator that the application

is deficient and

that

the owner or operator is

therefore not entitled to interim status.

The

owner or operator will then be subject to enforcement

(Board Note:

See

40 CFR 122.23(a).)

(Source:

Amended at

Ill,

Reg.

,

effective