R00051o+o

ILLINOIS POLLUTION CONTROL BOARD

September 23, 1999

IN THE MATTER OF:

)

RCRA SUBTITLE C UPDATE, USEPA

)

R00-5

AMENDMENTS (January 1, 1999, through

)

(Identical-in-Substance

June 30, 1999)

)

Rulemaking - Land)

Proposed Rule . Proposal for Public Comment .

ORDER OF THE BOARD (by E.Z. Kezelis):

Under Sections 7.2 and 22.4(a) of the Environmental Protection Act (Act) (415 ILCS 5/7.2 and 22.4(a) (1998)),

the Board proposes amendments to the Illinois regulations that are “identical in substance” to hazardous waste

regulations that the United States Environmental Protection Agency (USEPA) adopted to implement Subtitle C of

the federal Resource Conservation and Recovery Act of 1976 (RCRA Subtitle C) (42 U.S.C. §§ 6921

et seq

. (1998)).

The nominal timeframe of this docket includes federal RCRA Subtitle C amendments that USEPA adopted in the

period January 1, 1999, through June 30, 1999.

Sections 7.2 and 22.4(a) provide for quick adoption of regulations that are identical in substance to federal

regulations that USEPA adopts to implement Sections 3001 through 3005 of RCRA (42 U.S.C. §§

6921-6925 (1998)).

Section 22.4(a) also provides that Title VII of the Act and

Section 5 of the Administrative Procedure Act (APA) (5

ILCS 100/5-35 and 5-40 (1998)) do not apply to the Board’s adoption of identical-in-substance regulations. The

federal RCRA Subtitle C regulations are found at 40 C.F.R. 260 through 266, 268, 270, 271, 273, and 279.

This proposed order is supported by a proposed opinion that the Board also adopts today. The Board will

cause the proposed amendments to be published in the

Illinois Register

and will receive public comments for 45

days after the date of publication.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, do hereby certify that the above order

was adopted on the 23rd day of September 1999 by a vote of 6-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 720

HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

SUBPART A: GENERAL PROVISIONS

Section

720.101

Purpose, Scope, and Applicability

720.102

Availability of Information; Confidentiality of In

formation

720.103

Use of Number and Gender

SUBPART B: DEFINITIONS

Section

720.110

Definitions

720.111

References

SUBPART C: RULEMAKING PETITIONS AND OTHER PROCEDURES

Section

720.120

Rulemaking

720.121

Alternative Equivalent Testing Methods

720.122

Waste Delisting

720.123

Petitions for Regulation as Universal Waste

720.130

Procedures for Solid Waste Determinations

720.131

Solid Waste Determinations

720.132

Boiler Determinations

720.133

Procedures for Determinations

720.140

Additional regulation of certai

n hazardous waste Recycling Activities on a case-by-case Basis

720.141

Procedures for case-by-case regulation of hazardous waste Recycling Activities

720.Appendix A

Overview of 40 CFR, Subtitle C Regulations

AUTHORITY: Implementing Sections 7.2, 13, and 22.4 and authorized by Section 27 of the Environmental

Protection Act [415 ILCS 5/7.2, 13, 22.4, and 27].

SOURCE: Adopted in R81-22, 43 PCB 427, at 5 Ill. Reg. 9781, effective May 17, 1982; amended and codified in R81-

22, 45 PCB 317, at 6 Ill. Reg. 4828, effective May 17, 1982; amended in R82-19 at 7 Ill. Reg. 14015, effective October 12,

1983; amended in R84-9, 53 PCB 131 at 9 Ill. Reg. 11819, effective July 24, 1985; amended in R85-22 at 10 Ill. Reg. 968,

effective January 2, 1986; amended in R86-1 at 10 Ill. Reg. 13998, effective August 12, 1986; amended in R86-19 at 10

Ill. Reg. 20630, effective December 2, 1986; amended in R86-28 at 11 Ill. Reg. 6017, effective March 24, 1987; amended

in R86-46 at 11 Ill. Reg. 13435, effective August 4, 1987; amended in R87-5 at 11 Ill. Reg. 19280, effective November

12, 1987; amended in R87-26 at 12 Ill. Reg. 2450, effective January 15, 1988; amended in R87-39 at 12 Ill. Reg. 12999,

effective July 29, 1988; amended in R88-16 at 13 Ill. Reg. 362, effective December 27, 1988; amended in R89-1 at 13 Ill.

Reg. 18278, effective November 13, 1989; amended in R89-2 at 14 Ill. Reg. 3075, effective February 20, 1990;

amended in R89-9 at 14 Ill. Reg. 6225, effective April 16, 1990; amended in R90-10 at 14 Ill. Reg. 16450, effective

September 25, 1990; amended in R90-17 at 15 Ill. Reg. 7934, effective May 9, 1991; amended in R90-11 at 15 Ill. Reg.

9323, effective June 17, 1991; amended in R91-1 at 15 Ill. Reg. 14446, effective September 30, 1991; amended in R91-13

at 16 Ill. Reg. 9489, effective June 9, 1992; amended in R92-1 at 16 Ill. Reg. 17636, effective November 6, 1992;

amended in R92-10 at 17 Ill. Reg. 5625, effective March 26, 1993; amended in R93-4 at 17 Ill. Reg. 20545, effective

November 22, 1993; amended in R93-16 at 18 Ill. Reg. 6720, effective April 26, 1994; amended in R94-7 at 18 Ill. Reg.

12160, effective July 29, 1994; amended in R94-17 at 18 Ill. Reg. 17480, effective November 23, 1994; amended in R95-

6 at 19 Ill. Reg. 9508, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 10929, August 1, 1996; amended in

R96-10/R97-3/R97-5 at 22 Ill. Reg. 256, effective December 16, 1997; amended in R98-12 at 22 Ill. Reg. 7590, effective

April 15, 1998; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17496, effective September 28, 1998; amended in R98-

21/R99-2/R99-7 at 23 Ill. Reg. 1704, effective January 19, 1999; amended in R99-15 at 23 Ill. Reg. 9094, effective July

26, 1999; amended in R00-5 at 24 Ill. Reg. ________, effective ______________________.

SUBPART B: DEFINITIONS

Section 720.111

References

The following publications are incorporated by reference for the purposes of this Part and 35 Ill.

Adm. Code 703 through 705, 721 through 726, 728, 730, 731, 733, 738, and 739:

ACI. Available from the American Con crete Institute, Box 19150, Redford Station,

Detroit, Michigan 48219:

ACI 318-83: “Building Code Requirements for Reinforced Concrete”, adopted

September, 1983.

ANSI. Available from the American National Standards Institute, 1430 Broadway, New

York, New York 10018, 212-354-3300:

ANSI B31.3 and B31.4. See ASME/ANSI B31.3 and B31.4.

API. Available from the American Petroleum Institute, 1220 L Street,

N.W., Washington,

D.C. 20005, 202-682-8000:

“Cathodic Protection of Underground Petroleum Storage Tanks and Piping

Systems”, API Recommended Practice 1632, Second Edition, December, 1987.

“Evaporative Loss from External Floating-Roof Tanks”, API Publication 2517,

Third Edition, February, 1989.

“Guide for Inspection of Refinery Equipment, Chapter XIII, Atmospheric and

Low Pressure Storage Tanks”, 4th Edition, 1981, reaffirmed December, 1987.

“Installation of Underground Petroleum Storage Systems”, API Recommended

Practice 1615, Fourth Edition, November, 1987.

APTI. Available from the Air and Waste M anagement Association, Box 2861, Pittsburgh,

PA 15230, 412-232-3444:

APTI Course 415: Control of Gaseous Emissions, USEPA Publication EPA-

450/2-81-005, December, 1981.

ASME. Available from the American Society of Mechanical Engineers, 345 East 47th

Street, New York, NY 10017, 212-705-7722:

“Chemical Plant and Petroleum Refinery Piping”, ASME/ANSI B31.3-1987, as

supplemented by B31.3a-1988 and B31.3b-1988. Also available from ANSI.

“Liquid Transportation Systems for Hydrocarbons, Liquid Petroleum Gas,

Anhydrous Ammonia, and Alcohols”, ASME/ANSI B31.4-1986, as

supplemented by B31.4a-1987. Also available from ANSI.

ASTM. Available from American Society for Testing and Materials, 1916 Race Street,

Philadelphia, PA 19103, 215-299-5400:

ASTM C 94-90, Standard Specification for Ready-Mixed Concrete, approved

March 30, 1990.

ASTM D 88-87, Standard Test Method for Saybolt Viscosity, April 24, 1981,

reapproved January, 1987.

ASTM D 93-85, Standard Test Methods for Flash Point by Pensky-Martens

Closed Tester, approved October 25, 1985.

ASTM D 1946-90, Standard Practice for Analysis of Reformed Gas by Gas

Chromatography, approved March 30, 1990.

ASTM D 2161-87, Standard Practice for Conversion of Kinematic Viscosity to

Saybolt Universal or to Saybolt Furol Viscosity, March 27, 1987.

ASTM D 2267-88, Standard Test Method for Aromatics in Light Naphthas and

Aviation Gasolines by Gas Chromatography, approved November 17, 1988.

ASTM D 2382-88, Standard Test Method for Heat of Combustion of

Hydrocarbon Fuels by Bomb Calorimeter (High Precision Method), approved

October 31, 1988.

ASTM D 2879-92, Standard Test Method for Vapor Pressure-Temperature

Relationship and Initial Decomposition Temperature of Liquids by

Isoteniscope, approved 1992.

ASTM D 3828-87, Standard Test Methods for Flash Point of Liquids by Setaflash

Closed Tester, approved December 14, 1988.

ASTM E 168-88, Standard Practices for General Techniques of Infrared

Quantitative Analysis, approved May 27, 1988.

ASTM E 169-87, Standard Practices for General Techniques of Ultraviolet-

Visible Quantitative Analysis, approved February 1, 1987.

ASTM E 260-85, Standard Practice for Packed Column Gas Chromatography,

approved June 28, 1985.

ASTM Method G 21-70 (1984a) -- Standard Practice for Determining Resistance

of Synthetic Polymer Materials to Fungi.

ASTM Method G 22-76 (1984b) -- Standard Practice for Determining Resistance

of Plastics to Bacteria.

MICE. Methods Information Communication Exchange Service, 703-821-4690:

“Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”,

USEPA Publication number SW-846, Update IIIA (April 1998).

GPO. Available from the Superintendent of Documents, U.S. Government Printing

Office, Washington, D.C. 20402, 202-783-3238202-512-1800:

Standard Industrial Classification Manual (1972), and 1977 Supplement,

republished in 1983.

“Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”,

USEPA Publication number SW-846 (Third Edition, November, 1986), as

amended by Updates I (July, 1992), II (September, 1994), IIA (August, 1993), IIB

(January, 1995), and III (December, 1996) (Document Number 955-001-00000-1).

NACE. Available from the National Association of Corrosion Engineers, 1400 South

Creek Dr., Houston, TX 77084, 713-492-0535:

“Control of External Corrosion on Metallic Buried, Partially Buried, or

Submerged Liquid Storage Systems”, NACE Recommended Practice RP-02-85,

approved March, 1985.

NFPA. Available from the National Fire Protection Association,

Batterymarch Park,

Boston, MA 02269, 617-770-3000 or 800-344-3555:

“Flammable and Combustible Liquids Code” NFPA 30, issued July 17, 1987.

Also available from ANSI.

NTIS. Available from the U.S. Department of Commerce, National Technical

Information Service, 5285 Port Royal Road, Springfield, VA

22161, 703-487-4600 703-605-

6000 or 800-553-6847:

APTI Course 415: Control of Gaseous Emissions, USEPA Publication EPA-

450/2-81-005, December, 1981.

“Generic Quality Assurance Project Plan for Land Disposal Restrictions

Program”, EPA/530-SW-87-011, March 15, 1987 (Document number PB 88-

170766).

“Guideline on Air Quality Models”, Revised 1986.

(Document number PB86-

245-248 (Guideline) and PB88-150-958 (Supplement), also set forth at 40 CFR 51,

Appendix W).

“Method 164, Revision A, n-Hexane Extractable Material (HEM; Oil and Grease)

and Silica Gel Treated n-Hexane Extractable Material (SGT-HEM; Non-polar

Material) by Extraction and Gravimetry. Documant number PB99-121949.

“Methods for Chemical Analysis of Water and Wastes”, Third Edition, March,

1983 (Document number PB 84-128677).

“Methods Manual for Compliance with BIF Regulations”, December, 1990

(Document number PB91-120-006).

“Petitions to Delist Hazardous Wastes -- A Guidance Manual, Second Edition”,

EPA/530-R-93-007, March, 1993 (Document Number PB 93-169 365).

“Screening Procedures for Estimating the Air Quality Impact of Stationary

Sources”, October, 1992, Publication Number EPA-450/R-92-019.

“Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”,

USEPA Publication number SW-846 (Third Edition, November

, 1986), as

amended by Updates I (July , 1992), II (September, 1994), IIA (August, 1993), IIB

(January, 1995), and III (December, 1996), and IIIA (April 1998) (Document

Number 955-001-00000-1).

OECD. Organisation for Economic Co-operation and Development, Environment

Directorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, France):

OECD Guideline for Testing of Chemicals, Method 301B:

“CO

Evolution

(Modified Sturm Test)”, adopted 17 July 1992.

Table 2.B of the Annex of OECD Council Decision C(88)90(Final) of 27 May

1988.

STI. Available from the Steel Tank Institute, 728 Anthony Trail,

Northbrook, IL 60062,

708-498-1980:

“Standard for Dual Wall Underground Steel Storage Tanks” (1986).

U.S. DOD. Available from the United States Department of Defense:

“DOD Ammunition and Explosive Safety Standards” (DOD 6055.9-STD), as in

effect on November 8, 1995.

The Motor Vehicle Inspection Report (DD Form 626), as in effect on November

8, 1995.

Requisition Tracking Form (DD Form 1348), as in effect on November 8, 1995.

The Signature and Talley Tally Record (DD Form 1907), as in effect on

November 8, 1995.

Special Instructions for Motor Vehicle Drivers (DD Form 836), as in effect on

November 8, 1995.

USEPA. Available from United States Environmental Protection Agency, Office of

Drinking Water, State Programs Division, WH 550 E, Washington,

D.C. 20460:

“Technical Assistance Document: Corrosion, Its Detection and Control in

Injection Wells”, EPA 570/9-87-002, August, 1987.

USEPA. Available from Receptor Analysis Branch, USEPA (MD-14), Research Triangle

Park, NC 27711:

“Screening Procedures for Estimating the Air Quality Impact of Stationary

Sources, Revised”, October, 1992, Publication Number EPA-450/R-92-019.

USEPA. Available from RCRA Information Center (RIC), 1235 Jefferson-Davis

Highway, first floor, Arlington, VA 22203 (Docket # F-94-IEHF-FFFFF):

OECD Amber List of Wastes, Appendix 4 to the OECD Council Decision

C(92)39/FINAL (Concerning the Control of Transfrontier Movements of

Wastes Destined for Recovery Operations) (May 1993).

OECD Green List of Wastes, Appendix 3 to the OECD Council Decision

C(92)39/FINAL (Concerning the Control of Transfrontier Movements of

Wastes Destined for Recovery Operations) (May 1994).

OECD Red List of Wastes, Appendix 5 to the OECD Council Decision

C(92)39/FINAL (Concerning the Control of Transfrontier Movements of

Wastes Destined for Recovery Operations) (May 1993).

Table 2.B of the Annex of OECD Council Decision C(88)90(Final) (May 27, 1988).

U.S. GSA. Available from the United States Government Services Administration:

Government Bill of Lading (GBL) (GSA Standard Form 1109), as in effect on

November 8, 1995.

Code of Federal Regulations. Available from the Superintendent of Documents, U.S.

Government Printing Office, Washington, D.C. 20401, 202-783-3238:

10 CFR 20, Appendix B (1998)

40 CFR 51.100(ii) (1998)

40 CFR 51, Appendix W (1998)

40 CFR 52.741, Appendix B (1998)

40 CFR 60 (1998)

40 CFR 61, Subpart V (1998)

40 CFR 63 (1998)

40 CFR 136 (1998), as corrected at 63 Fed. Reg. 38756 (July 20, 1998) and 63 Fed. Reg.

44146 (Aug. 18, 1998) and amended at 63 Fed. Reg. 50387 (Sep. 21, 1998), 64 Fed. Reg. 4975

(Feb. 2, 1999), 64 Fed. Reg. 26315 (May 14, 1999), and 64 Fed. Reg. 30417 (June 8, 1999)

40 CFR 142 (1998)

40 CFR 220 (1998)

40 CFR 232.2 (1998)

40 CFR 260.20 (1998)

40 CFR 264 (1998)

40 CFR 268.41 (1990)

40 CFR 268.Appendix IX (1998)

40 CFR 270.5 (1998)

40 CFR 302.4, 302.5, and 302.6 (1998)

40 CFR 761 (1998)

49 CFR 171 (1998)

49 CFR 173 (1998)

49 CFR 178 (1998)

Federal Statutes

Section 3004 of the Resource Conservation and Recovery Act (42 USC 6901 et seq.), as

amended through December 31, 1987.

Sections 201(v), 201(w), and 360b(j) of the Federal Food, Drug, and Cosmetic Act

(FFDCA; 21 USC 321(v), 321(w), and 512(j)), as amended through October 25, 1994.

Section 1412 of the Department of Defense Authorization Act of 1986, Pub. L. 99-145, 50

USC 1521(j)(1) (1997).

This Section incorporates no late r editions or amendments.

(Source: Amended at 24 Ill. Reg. ________, effective ______________________)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 722

STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

SUBPART A: GENERAL

Section

722.110

Purpose, Scope and Applicability

722.111

Hazardous Waste Determination

722.112

USEPA Identification Numbers

SUBPART B: THE MANIFEST

Section

722.120

General Requirements

722.121

Acquisition of Manifests

722.122

Number of Copies

722.123

Use of the Manifest

SUBPART C: PRE-TRANSPORT REQUIREMENTS

Section

722.130

Packaging

722.131

Labeling

722.132

Marking

722.133

Placarding

722.134

Accumulation Time

SUBPART D: RECORDKEEPING AND REPORTING

Section

722.140

Recordkeeping

722.141

Annual Reporting

722.142

Exception Reporting

722.143

Additional Reporting

722.144

Special Requirements for Generators of between 100 and 1000 kilograms per month

SUBPART E: EXPORTS OF HAZARDOUS WASTE

Section

722.150

Applicability

722.151

Definitions

722.152

General Requirements

722.153

Notification of Intent to Export

722.154

Special Manifest Requirements

722.155

Exception Report

722.156

Annual Reports

722.157

Recordkeeping

722.158

International Agreements

SUBPART F: IMPORTS OF HAZARDOUS WASTE

Section

722.160

Imports of Hazardous Waste

SUBPART G: FARMERS

Section

722.170

Farmers

SUBPART H: TRANSFRONTIER SHIPMENTS OF HAZARDOUS WASTE FOR RECOVERY

WITHIN THE OECD

Section

722.180

Applicability

722.181

Definitions

722.182

General Conditions

722.183

Notification and Consent

722.184

Tracking Document

722.185

Contracts

722.186

Provisions Relating to Recognized Traders

722.187

Reporting and Recordkeeping

722.189

OECD Waste Lists

722.Appendix A

Hazardous Waste Manifest

AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the Environmental Protection

Act [415 ILCS 5/7.2, 22.4, and 27].

SOURCE: Adopted in R81-22, 43 PCB 427, at 5 Ill. Reg. 9781, effective May 17, 1982; amended and codified in R81-

22, 45 PCB 317, at 6 Ill. Reg. 4828, effective May 17, 1982; amended in R82-18, 51 PCB 31, at 7 Ill. Reg. 2518, effective

February 22, 1983; amended in R84-9 at 9 Ill. Reg. 11950, effective July 24, 1985; amended in R85-22 at 10 Ill. Reg.

1131, effective January 2, 1986; amended in R86-1 at 10 Ill. Reg. 14112, effective August 12, 1986; amended in R86-19

at 10 Ill. Reg. 20709, effective December 2, 1986; amended in R86-46 at 11 Ill. Reg. 13555, effective August 4, 1987;

amended in R87-5 at 11 Ill. Reg. 19392, effective November 12, 1987; amended in R87-39 at 12 Ill. Reg. 13129,

effective July 29, 1988; amended in R88-16 at 13 Ill. Reg. 452, effective December 27, 1988; amended in R89-1 at 13 Ill.

Reg. 18523, effective November 13, 1989; amended in R90-10 at 14 Ill. Reg. 16653, effective September 25, 1990;

amended in R90-11 at 15 Ill. Reg. 9644, effective June 17, 1991; amended in R91-1 at 15 Ill. Reg. 14562, effective

October 1, 1991; amended in R91-13 at 16 Ill. Reg. 9833, effective June 9, 1992; amended in R92-1 at 16 Ill. Reg. 17696,

effective November 6, 1992; amended in R93-4 at 17 Ill. Reg. 20822, effective November 22, 1993; amended in R95-6

at 19 Ill. Reg. 9935, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 11236, effective August 1, 1996;

amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 603, effective December 16, 1997; amended in R97-21/R98-3/R98-5 at

22 Ill. Reg. 17950, effective September 28, 1998; amended in R00-5 at 24 Ill. Reg. ________, effective

______________________.

SUBPART C: PRE-TRANSPORT REQUIREMENTS

Section 722.134

Accumulation Time

Except as provided in subsection (d), (e), or (f) of this Section, a generator is exempt from all the

requirements in 35 Ill. Adm. Code 725.Subparts G and H, except for 35 Ill. Adm. Code 725.211 and

725.214, and may accumulate hazardous waste on-site for 90 days or less without a permit or

without having interim status, provided that

the following conditions are fulfilled

The waste is placed in or on one of the following :

In containers, and the generator complies with 35 Ill. Adm. Code 725.Subpart

s I,

AA, BB, and CC; or

In tanks, and the generator complies with 35 Ill. Adm. Code 725.Subpart

s J, AA,

BB, and CC, except 35 Ill. Adm. Code 725.297(c) and 725.300; or

On drip pads, and the generator complies with 35 Ill. Adm. Code 725.Subpart W

and maintains the following records at the facility:

A description of the procedures that will be followed to ensure that all

wastes are removed from the drip pad and associated collection

system at least once every 90 days, and

ii)

Documentation of each waste removal, including the quantity of waste

removed from the drip pad and the sump or collection system and the

date and time of removal; or

In containment buildings , and the generator complies with 35 Ill. Adm. Code

725.Subpart DD (has placed its Professional Engineer (PE) certification that the

building complies with the design standards specified in 35 Ill. Adm. Code

725.1101 in the facility’s operating record prior to the date of initial operation

of the unit). The owner or operator shall maintain the following records at the

facility:

A written description of procedures to ensure that each waste volume

remains in the unit for no more than 90 days, a written description of

the waste generation and management practices for the facility

showing that they are consistent with respecting the 90 day limit, and

documentation that the procedures are complied with; or

ii)

Documentation that the unit i s emptied at least once every 90 days;

BOARD NOTE: The “in addition” hanging subsection that appears in the Federal rules

after 40 CFR 262.34(a)(1)(iv)(B) is in the introduction to subsection (a) of this Section.

The date upon which each period of accumulation begins is clearly marked and visible

for inspection on each container;

While being accumulated on-site, each container and tank is labeled or marked clearly

with the words “Hazardous Waste”; and

The generator complies with the requiremen ts for treatment, storage, and disposal

facility owners or operators in 35 Ill. Adm. Code 725.Subparts C and D and with 35 Ill.

Adm. Code 725.116 and 728.107(a)(4).

A generator that accumulates hazardous waste for more than 90 days is an operator of a storage

facility and is subject to the requirements of 35 Ill. Adm. Code 724 and 725 and the permit

requirements of 35 Ill. Adm. Code 702, 703 and 705 unless the generator has been granted an

extension of the 90-day period. If hazardous wastes must remain on-site for longer than 90 days

due to unforeseen, temporary, and uncontrollable circumstances, the generator may seek an

extension of up to 30 days by means of a variance or provisional variance, pursuant to Section 37

of the Environmental Protection Act and 35 Ill. Adm. Code 180 (Agency procedural regulations).

Accumulation near the point of generation.

A generator may accumulate as much as 55 gallons of hazardous waste or one quart of

acutely hazardous waste listed in 35 Ill. Adm. Code 721.133(e) in containers at or near

any point of generation where wastes initially accumulate that is under the control of

the operator of the process generating the waste without a permit or interim status and

without complying with subsection (a) of this Section, provided the generator

does the

following :

Complies with 35 Ill. Adm. Code 725.271, 725.272

, and 725.273(a),; and

Marks the generator’s containers either with the words “Hazardous Waste” or

with other words that identify the contents of the containers.

A generator that accumulates either hazardous waste or acutely hazardous waste listed

in 35 Ill. Adm. Code 721.133(e) in excess of the amounts listed in subsection (c)(1) of this

Section at or near any point of generation must, with respect to that amount of excess

waste, comply within three days with subsection (a) of this Section or other applicable

provisions of this Chapter. During the three day period the generator must continue to

comply with subsection (c)(1) of this Section. The generator must mark the container

holding the excess accumulation of hazardous waste with the date the excess amount

began accumulating.

A generator that generates greater than 100 kilograms but less than 1000 kilograms of hazardous

waste in a calendar month may accumulate hazardous waste on-site for 180 days or less without a

permit or without having interim status provided that

the following conditions are fulfilled

The quantity of waste accumulated on-site never exceeds 6000 kilograms;

The generator complies with the requirements of 35 Ill. Adm. Code 725.Subpart I (except

35 Ill. Adm. Code 725.276 and 725.278);

The generator complies with the requirements of 35 Ill. Adm. Code 725.301;

The generator complies with the requirements of subsections (a)(2) and

(c)(3) (a)(3) of

this Section, 35 Ill. Adm. Code 725.Subpart C, and 35 Ill. Adm. Code

728.107(a)(4)

728.107(a)(5); and

The generator complies with the following requirements:

At all times there must be at least one employee either on t

he premises or on

call (i.e., available to respond to an emergency by reaching the facility within a

short period of time) with the responsibility for coordinating all emergency

response measures specified in subsection (d)(5)(D) of this Section. The

employee is the emergency coordinator.

The generator shall post the following information next to the telephone:

The name and telephone number of the emergency coordinator;

ii)

Location of fire extinguishers and spill control material and, if present,

fire alarm; and

iii)

The telephone number of the fire department, unless the facility has a

direct alarm.

The generator shall ensure that all employees are thoroughly familiar with

proper waste handling and emergency procedures, relevant to their

responsibilities during normal facility operations and emergencies.

The emergency coordinator or designee shall respond to any emergencies that

arise. The applicable responses are as follows:

In the event of a fire, call the fire department or attemp t to extinguish

it using a fire extinguisher;

ii)

In the event of a spill, contain the flow of hazardous waste to the

extent possible and, as soon as is practicable, clean up the hazardous

waste and any contaminated materials or soil;

iii)

In the event of a fire, explosion, or other release that could threaten

human health outside the facility, or when the generator has

knowledge that a spill has reached surface water, the generator shall

immediately notify the National Response Center (using its 24-hour

toll free number 800-424-8802). The report must include the following

information: the name, address, and USEPA identification number

(Section 722.112 of this Part) of the generator; the date, time, and type

of incident (e.g., spill or fire); the quantity and type of hazardous waste

involved in the incident; the extent of injuries, if any; and the

estimated quantity and disposition of recoverable materials, if any.

A generator that generates greater than 100 kilograms but less than 1000 kilograms of h

azardous

waste in a calendar month and that must transport the waste or offer the waste for transportation

over a distance of 200 miles or more for off-site treatment, storage, or disposal may accumulate

hazardous waste on-site for 270 days or less without a permit or without having interim status,

provided that the generator complies with the requirements of subsection (d) of this Section.

A generator that generates greater than 100 kilograms but less than 1000 kilograms of hazardous

waste in a calendar month and that accumulates hazardous waste in quantities exceeding 6000 kg

or accumulates hazardous waste for more than 180 days (or for more than 270 days if the

generator must transport the waste or offer the waste for transportation over a distance of 200

miles or more) is an operator of a storage facility and is subject to the requirements of 35 Ill.

Adm. Code 724 and 725 and the permit requirements of 35 Ill. Adm. Code 703, unless the

generator has been granted an extension to the 180-day (or 270-day if applicable) period. If

hazardous wastes must remain on-site for longer than 180 days (or 270 days if applicable) due to

unforeseen, temporary, and uncontrollable circumstances, the generator may seek an extension

of up to 30 days by means of variance or provisional variance pursuant to Section 37 of the

Environmental Protection Act.

(Source: Amended at 24 Ill. Reg. ________, effective ______________________)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 724

STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT,

STORAGE, AND DISPOSAL FACILITIES

SUBPART A: GENERAL PROVISIONS

Section

724.101

Purpose, Scope, and Applicability

724.103

Relationship to Interim Status Standards

SUBPART B: GENERAL FACILITY STANDARDS

Section

724.110

Applicability

724.111

Identification Number

724.112

Required Notices

724.113

General Waste Analysis

724.114

Security

724.115

General Inspection Requiremen ts

724.116

Personnel Training

724.117

General Requirements for Ignitable, Reactive or Incompatible Wastes

724.118

Location Standards

724.119

Construction Quality Assurance Program

SUBPART C: PREPAREDNESS AND PREVENTION

Section

724.130

Applicability

724.131

Design and Operation of Facility

724.132

Required Equipment

724.133

Testing and Maintenance of Equipment

724.134

Access to Communications or Alarm System

724.135

Required Aisle Space

724.137

Arrangements with Local Authorities

SUBPART D: CONTINGENCY PLAN AND EMERGENCY PROCEDURES

Section

724.150

Applicability

724.151

Purpose and Implementation of Contingency Plan

724.152

Content of Contingency Plan

724.153

Copies of Contingency Plan

724.154

Amendment of Contingency Plan

724.155

Emergency Coordinator

724.156

Emergency Procedures

SUBPART E: MANIFEST SYSTEM, RECORDKEEPING AND REPORTING

Section

724.170

Applicability

724.171

Use of Manifest System

724.172

Manifest Discrepancies

724.173

Operating Record

724.174

Availability, Retention and Disposition of Reco

rds

724.175

Annual Report

724.176

Unmanifested Waste Report

724.177

Additional Reports

SUBPART F: RELEASES FROM SOLID WASTE MANAGEMENT UNITS

Section

724.190

Applicability

724.191

Required Programs

724.192

Groundwater Protection Standard

724.193

Hazardous Constituents

724.194

Concentration Limits

724.195

Point of Compliance

724.196

Compliance Period

724.197

General Groundwater Monitoring Requirements

724.198

Detection Monitoring Program

724.199

Compliance Monitoring Program

724.200

Corrective Action Progra m

724.201

Corrective Action for Solid Waste Management Units

SUBPART G: CLOSURE AND POST-CLOSURE CARE

Section

724.210

Applicability

724.211

Closure Performance Standard

724.212

Closure Plan; Amendment of Plan

724.213

Closure; Time Allowed For Closure

724.214

Disposal or Decontamination of Equipment, Structures and Soils

724.215

Certification of Closure

724.216

Survey Plat

724.217

Post-closure Care and Use of Property

724.218

Post-Closure Care Plan; Amendment of Plan

724.219

Post-closure Notices

724.220

Certification of Completion of Post-closure Care

SUBPART H: FINANCIAL REQUIREMENTS

Section

724.240

Applicability

724.241

Definitions of Terms As Used In This Subpart

724.242

Cost Estimate for Closure

724.243

Financial Assurance for Closure

724.244

Cost Estimate for Post-closure Care

724.245

Financial Assurance for Post-closure Care

724.246

Use of a Mechanism for Financial Assurance of Both Closure and Post-closure Care

724.247

Liability Requirements

724.248

Incapacity of Owners or Operators, Guarantors or Financial Institutions

724.251

Wording of the Instruments

SUBPART I: USE AND MANAGEMENT OF CONTAINERS

Section

724.270

Applicability

724.271

Condition of Containers

724.272

Compatibility of Waste With Container

724.273

Management of Containers

724.274

Inspections

724.275

Containment

724.276

Special Requirements for Ignitable or Reactive Waste

724.277

Special Requirements for Incompatible Wastes

724.278

Closure

724.279

Air Emission Standards

SUBPART J: TANK SYSTEMS

Section

724.290

Applicability

724.291

Assessment of Existing Tank System’s Integrity

724.292

Design and Installation of New Tank Systems or Components

724.293

Containment and Detection of Releases

724.294

General Operating Requirements

724.295

Inspections

724.296

Response to Leaks or Spills and Disposition of Leaking or unfit-for-use Tank Systems

724.297

Closure and Post-Closure Care

724.298

Special Requirements for Ignitable or Reactive Waste

724.299

Special Requirements for Incompatible Wastes

724.300

Air Emission Standards

SUBPART K: SURFACE IMPOUNDMENTS

Section

724.320

Applicability

724.321

Design and Operating Requirements

724.322

Action Leakage Rate

724.323

Response Actions

724.326

Monitoring and Inspection

724.327

Emergency Repairs; Contingency Plans

724.328

Closure and Post-closure Care

724.329

Special Requirements for Ignitable or Reactive Waste

724.330

Special Requirements for Incompatible Wastes

724.331

Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026 and F027

724.332

Air Emission Standards

SUBPART L: WASTE PILES

Section

724.350

Applicability

724.351

Design and Operating Requirements

724.352

Action Leakage Rate

724.353

Response Action Plan

724.354

Monitoring and Inspection

724.356

Special Requirements for Ignitable or Reactive Waste

724.357

Special Requirements for Incompatible Wastes

724.358

Closure and Post-closure Care

724.359

Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026 and F027

SUBPART M: LAND TREATMENT

Section

724.370

Applicability

724.371

Treatment Program

724.372

Treatment Demonstration

724.373

Design and Operating Requirements

724.376

Food-chain Crops

724.378

Unsaturated Zone Monitoring

724.379

Recordkeeping

724.380

Closure and Post-closure Care

724.381

Special Requirements for Ignitable or Reactive Waste

724.382

Special Requirements for Incompatible Wastes

724.383

Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026 and F027

SUBPART N: LANDFILLS

Section

724.400

Applicability

724.401

Design and Operating Requirements

724.402

Action Leakage Rate

724.403

Monitoring and Inspection

724.404

Response Actions

724.409

Surveying and Recordkeeping

724.410

Closure and Post-closure Care

724.412

Special Requirements for Ignitable or Reactive Waste

724.413

Special Requirements for Incompatible Wastes

724.414

Special Requirements for Bulk and Containerized Liquids

724.415

Special Requirements for Containers

724.416

Disposal of Small Containers of Hazardous Waste in

Overpacked Drums (Lab Packs)

724.417

Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026 and F0 27

SUBPART O: INCINERATORS

Section

724.440

Applicability

724.441

Waste Analysis

724.442

Principal Organic Hazardous Constituents (

POHCs)

724.443

Performance Standards

724.444

Hazardous Waste Incinerator Permits

724.445

Operating Requirements

724.447

Monitoring and Inspections

724.451

Closure

SUBPART S: CORRECTIVE ACTION FOR SOLID WASTE MANAGEMENT UNITS

Section

724.652

Corrective Action Management Units

724.653

Temporary Units

724.654

Staging Piles

SUBPART W: DRIP PADS

Section

724.670

Applicability

724.671

Assessment of existing drip pad integrity

724.672

Design and installation of new drip pads

724.673

Design and operating requirements

724.674

Inspections

724.675

Closure

SUBPART X: MISCELLANEOUS UNITS

Section

724.700

Applicability

724.701

Environmental Performance Standards

724.702

Monitoring, Analysis, Inspection, Response, Reporting and Corrective Action

724.703

Post-closure Care

SUBPART AA: AIR EMISSION STANDARDS FOR PROCESS VENTS

Section

724.930

Applicability

724.931

Definitions

724.932

Standards: Process Vents

724.933

Standards: Closed-Vent Systems and Control Devices

724.934

Test Methods and Procedures

724.935

Recordkeeping requirements

724.936

Reporting Requirements

SUBPART BB: AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS

Section

724.950

Applicability

724.951

Definitions

724.952

Standards: Pumps in Light Liquid Service

724.953

Standards: Compressors

724.954

Standards: Pressure Relief Devices in Gas/Vapor Service

724.955

Standards: Sampling Connecting Systems

724.956

Standards: Open-ended Valves or Lines

724.957

Standards: Valves in Gas/Vapor or Light Liquid Service

724.958

Standards: Pumps, Valves, Pressure Relief Devices and Other Connectors

724.959

Standards: Delay of Repair

724.960

Standards: Closed-vent Systems and Control Devices

724.961

Alternative Percentage Standard for Valves

724.962

Skip Period Alternative for Valves

724.963

Test Methods and Procedures

724.964

Recordkeeping Requirements

724.965

Reporting Requirements

SUBPART CC: AIR EMISSION STANDARDS FOR TANKS, SURFACE IMPOUNDMENTS, AND

CONTAINERS

Section

724.980

Applicability

724.981

Definitions

724.982

Standards: General

724.983

Waste Determination Procedures

724.984

Standards: Tanks

724.985

Standards: Surface Impoundments

724.986

Standards: Containers

724.987

Standards: Closed-vent Systems and Control Devices

724.988

Inspection and Monitoring Requirements

724.989

Recordkeeping Requirements

724.990

Reporting Requirements

724.991

Alternative Control Requirements for Tanks

SUBPART DD: CONTAINMENT BUILDINGS

Section

724.1100

Applicability

724.1101

Design and operating standards

724.1102

Closure and Post-closure Care

SUBPART EE: HAZARDOUS WASTE MUNITIONS AND EXPLOSIVES STORAGE

Section

724.1200

Applicability

724.1201

Design and Operating Standards

724.1202

Closure and Post-Closure Care

724.Appendix A

Recordkeeping Instructions

724.Appendix B

EPA Report Form and Instructions (Repealed)

724.Appendix D

Cochran’s Approximation to the Behrens-Fisher Student’s T-Test

724.Appendix E

Examples of Potentially Incompatible Waste

724.Appendix I

Groundwater Monitoring List

AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the Environmental Protection

Act [415 ILCS 5/7.2, 22.4, and 27].

SOURCE: Adopted in R82-19, 53 PCB 131, at 7 Ill. Reg. 14059, effective October 12, 1983; amended in R84-9 at 9 Ill.

Reg. 11964, effective July 24, 1985; amended in R85-22 at 10 Ill. Reg. 1136, effective January 2, 1986; amended in R86-

1 at 10 Ill. Reg. 14119, effective August 12, 1986; amended in R86-28 at 11 Ill. Reg. 6138, effective March 24, 1987;

amended in R86-28 at 11 Ill. Reg. 8684, effective April 21, 1987; amended in R86-46 at 11 Ill. Reg. 13577, effective

August 4, 1987; amended in R87-5 at 11 Ill. Reg. 19397, effective November 12, 1987; amended in R87-39 at 12 Ill.

Reg. 13135, effective July 29, 1988; amended in R88-16 at 13 Ill. Reg. 458, effective December 28, 1988; amended in

R89-1 at 13 Ill. Reg. 18527, effective November 13, 1989; amended in R90-2 at 14 Ill. Reg. 14511, effective August 22,

1990; amended in R90-10 at 14 Ill. Reg. 16658, effective September 25, 1990; amended in R90-11 at 15 Ill. Reg. 9654,

effective June 17, 1991; amended in R91-1 at 15 Ill. Reg. 14572, effective October 1, 1991; amended in R91-13 at 16 Ill.

Reg. 9833, effective June 9, 1992; amended in R92-1 at 16 Ill. Reg. 17702, effective November 6, 1992; amended in

R92-10 at 17 Ill. Reg. 5806, effective March 26, 1993; amended in R93-4 at 17 Ill. Reg. 20830, effective November 22,

1993; amended in R93-16 at 18 Ill. Reg. 6973, effective April 26, 1994; amended in R94-7 at 18 Ill. Reg. 12487, effective

July 29, 1994; amended in R94-17 at 18 Ill. Reg. 17601, effective November 23, 1994; amended in R95-6 at 19 Ill. Reg.

9951, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 11244, August 1, 1996; amended in R96-10/R97-3/R97-

5 at 22 Ill. Reg. 636, effective December 16, 1997; amended in R98-12 at 22 Ill. Reg. 7638, effective April 15, 1998;

amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17972, effective September 28, 1998; amended in R98-21/R99-2/R99-7

at 23 Ill. Reg. 2186, effective January 19, 1999; amended in R99-15 at 23 Ill. Reg. 9437, effective July 26, 1999;

amended in R00-5 at 24 Ill. Reg. ________, effective ______________________.

SUBPART AA: AIR EMISSION STANDARDS FOR PROCESS VENTS

Section 724.931

Definitions

As used in this Subpart, all terms not defined in

the this Subpart have the meaning given them in the Resource

Conservation and Recovery Act and 35 Ill. Adm. Code 720 through 726.

“Air stripping operation” is means a desorption operation employed to transfer one or more

volatile components from a liquid mixture into a gas (air) either with or without the application

of heat to the liquid. Packed towers, spray towers and bubble-cap, sieve, or valve-type plate

towers are among the process configurations used for contacting the air and a liquid.

“Bottoms receiver” means a container or tank used to receive and collect the heavier bottoms

fractions of the distillation feed stream that remain in the liquid phase.

“Btu” means British thermal unit.

“Closed-vent system” means a system that is not open to the atmosphere and that is composed of

piping, connections, and, if necessary, flow-inducing devices that transport gas or vapor from a

piece or pieces of equipment to a control device.

“Condenser” means a heat-transfer device that reduces a thermodynamic fluid from its vapor

phase to its liquid phase.

“Connector” means flanged, screwed, welded or other joined fittings used to connect two

pipelines or a pipeline and a piece of equipment.

For the purposes of reporting and

recordkeeping, “connector” means flanged fittings that are not covered by insulation or other

materials that prevent location of the fittings.

“Continuous recorder” means a data-recording device recording an instantaneous data value at

least once every 15 minutes.

“Control device” means an enclosed combustion device, vapor recovery system, or flare.

Any

device the primary function of which is the recovery or capture of solvents or other

organics for

use, reuse, or sale (e.g., a primary condenser on a solvent recovery unit) is not a control device.

“Control device shutdown” means the cessation of operation of a control device for any purpose.

“Distillate receiver” means a container or tank used to receive and collect liquid material

(condensed) from the overhead condenser of a distillation unit and from which the condensed

liquid is pumped to larger storage tanks or other process units.

“Distillation operation” means an operation, either batch or continuous, separating one or more

feed stream(s) into two or more exit streams, each exit stream having component concentrations

different from those in the feed stream(s). The separation is achieved by the redistribution of the

components between the liquid and vapor phase as they approach equilibrium within the

distillation unit.

“Double block and bleed system” means two block valves connected in series with a bleed valve

or line that can vent the line between the two block valves.

“Equipment” means each valve, pump, compressor, pressure relief device, sampling connection

system, open-ended valve or line, or flange or other connector, and any control devices or

systems required by this Subpart.

“First attempt at repair” means to take rapid action for the purpose of stopping or reducing

leakage of organic material to the atmosphere using best practices.

“Flame zone” means the portion of the combustion chamber in a boiler occupied by the flame

envelope.

“Flow indicator” means a device that indicates whether gas flow is present in a vent stream.

“Fractionation operation” means a distillation operation or method used to separate a mixture of

several volatile components of different boiling points in successive stages, each stage removing

from the mixture some proportion of one of the components.

“ft” means foot.

“h” means hour.

“Hazardous waste management unit shutdown” means a work practice or operational procedure

that stops operation of a hazardous waste management unit or part of a hazardous waste

management unit. An unscheduled work practice or operational procedure that stops operation

of a hazardous waste management unit or part of a hazardous waste management unit for less

than 24 hours is not a hazardous waste management unit shutdown. The use of spare equipment

and technically feasible bypassing of equipment without stopping operation are not hazardous

waste management unit shutdowns.

“Hot well” means a container for collecting

condensate as in a steam condenser serving a

vacuum-jet or steam-jet ejector.

“In gas-vapor service” means that the piece of equipment contains or contacts a hazardous waste

stream that is in the gaseous state at operating conditions.

“In heavy liquid service” means that the piece of equipment is not in gas-vapor service or in light

liquid service.

“In light liquid service” means that the piece of equipment contains or contacts a waste stream

where the vapor pressure of one or more of the organic components in the stream is greater than

0.3 kilopascals ( kPa) at 20° C, the total concentration of the pure organic components having a

vapor pressure greater than 0.3 kPa at 20° C is equal to or greater than 20 percent by weight, and

the fluid is a liquid at operating conditions.

“In situ sampling systems” means nonextractive samplers or in-line samplers.

“In vacuum service” means that equipment is operating at an internal pressure that is at least 5

kPa below ambient pressure.

“Kg” means kilogram.

“kPa” means kilopascals.

“lb” means pound.

“m” means meter.

“Mg” means Megagrams, or metric tonnes.

“MJ” means Megajoules, or ten to the sixth Joules.

“MW” means Megawatts.

“Malfunction” means any sudden failure of a control device or a hazardous waste management

unit or failure of a hazardous waste management unit to operate in a normal or usual manner, so

that organic emissions are increased.

“Open-ended valve or line” means any valve, except a pressure relief valves valve, having that

has one side of the valve seat in contact with process fluid hazardous waste and one side open to

the atmosphere, either directly or through open piping.

“ppmv” means parts per million by volume.

“ppmw” means parts per million by weight.

“Pressure release” means the emission of materials resulting from the system pressure being

greater than the set pressure of the pressure relief device.

“Process heater” means a device that transfers heat liberated by burning fuel to fluids contained

in tubes, including all fluids except water that are heated to produce steam.

“Process vent” means any open-ended pipe or stack that is vented to the atmosphere either

directly, through a vacuum-producing system, or through a tank (e.g., distillate receiver,

condenser, bottoms receiver, surge control tank, separator tank, or hot well) associated with

hazardous waste distillation, fractionation, thin-film evaporation, solvent extraction, or air or

steam stripping operations.

“Repaired” means that equipment is adjusted, or otherwise altered, to eliminate a leak.

“s” means second.

“Sampling connection system” means an assembly of equipment within a process or waste

management unit that is used during periods of representative operation to take samples of the

process or waste fluid. Equipment that is used to take non-routine grab samples is not

considered a sampling connection system.

“scm” means standard cubic meter.

“scft” means standard cubic foot.

“Sensor” means a device that measures a physical quantity or the change in a physical quantity,

such as temperature, pressure, flow rate, pH, or liquid level.

“Separator tank” means a device used for separation of two immiscible liquids.

“Solvent extraction operation” means an operation or method of separation in which a solid or

solution is contracted with a liquid solvent (the two being mutually insoluble) to preferentially

dissolve and transfer one or more components into the solvent.

“Startup” means the setting in operation of a hazardous waste management unit or control

device for any purpose.

“Steam stripping operation” means a distillation operation in which vaporization of the volatile

constituents of a liquid mixture takes place by the introduction of steam directly in to the charge.

“Surge control tank” means a large-sized pipe or storage reservoir sufficient to contain the

surging liquid discharge of the process tank to which it is connected.

“Thin-film evaporation operation” means a distillation operation that employs a heating surface

consisting of a large diameter tube that may be either straight or tapered, horizontal or vertical.

Liquid is spread on the tube wall by a rotating assembly of blades that maintain a close clearance

from the wall or actually ride on the film of liquid on the wall.

“USDOT” means the United States Department of Transportation.

“Vapor incinerator” means any enclosed combustion device that is used for destroying organic

compounds and does not extract energy in the form of steam or process heat.

“Vented” means discharged through an opening, typically an open-ended pipe or stack, allowing

the passage of a stream of liquids, gases, or fumes into the atmosphere. The passage of liquids,

gases, or fumes is caused by mechanical means , such as compressors or vacuum-producing

systems, or by process-related means, such as evaporation produced by heating , and not caused

by tank loading and unloading (working losses) or by natural means

, such as diurnal

temperature changes.

“yr” means year.

(Source: Amended at 24 Ill. Reg. ________, effective ______________________)

SUBPART CC: AIR EMISSION STANDARDS FOR TANKS, SURFACE IMPOUNDMENTS, AND

CONTAINERS

Section 724.980

Applicability

The requirements of this Subpart apply to owners and operators of all facilities that treat, store,

or dispose of hazardous waste in tanks, surface impoundments, or containers subject to Subpart I,

J, or K of this Part, except as Section 724.101 and subsection (b) of this Section provide otherwise.

The requirements of this Subpart do not apply to the following waste management units at the

facility:

A waste management unit that holds hazardous waste placed in the unit before

December 6, 1996, and in which no hazardous waste is added to the unit on or after

December 6, 1996.

A container that has a design capacity less than or equal to 0.1 m

(3.5 ft

or 26.4 gal).

A tank in which an owner or operator has stopped adding hazardous waste and the

owner or operator has begun implementing or completed closure pursuant to an

approved closure plan.

A surface impoundment in which an owner or operator has stopped adding hazardous

waste (except to implement an approved closure plan) and the owner or operator has

begun implementing or completed closure pursuant to an approved closure plan.

A waste management unit that is used solely for on-site treatment or storage of

hazardous waste that is generated placed in the unit as the a result of implementing

remedial activities required pursuant to the Act or Board regulations or under the

corrective action authorities of RCRA section 3004(u), 3004(v)

, or 3008(h); CERCLA

authorities; or similar federal or State authorities.

A waste management unit that is used solely for the management of radioactive mixed

waste in accordance with all applicable regulations under the authority of the Atomic

Energy Act (42 USC 2011 et seq.) and the Nuclear Waste Policy Act.

A hazardous waste management unit that the owner or operator certifies is equipped

with and operating air emission controls in accordance with the requirements of an

applicable federal Clean Air Act regulation codified under 40 CFR 60, 61, or 63.

For the

purpose of complying with this subsection (b)(7), a tank for which the air emission

control includes an enclosure, as opposed to a cover, must be in compliance with the

enclosure and control device requirements of Section 724.984(

i), except as provided in

Section 724.982(c)(5).

A tank that has a process vent, as defined in 35 Ill. Adm. Code 724.931.

For the owner and operator of a facility subject to this Subpart and that received a final RCRA

permit prior to December 6, 1996, the requirements of this Subpart shall must be incorporated

into the permit when the permit is reissued, renewed, or modified in accordance with the

requirements of 35 Ill. Adm. Code 703 and 705. Until such the date when the owner and operator

receives a final permit incorporating the requirements of this Subpart, the owner and operator is

subject to the requirements of 35 Ill. Adm. Code 725.Subpart CC.

The requirements of this Subpart, except for the recordkeeping requirements specified in Section

724.989(i), are stayed for a tank or container used for the management of hazardous waste

generated by organic peroxide manufacturing and its associated laboratory operations, when the

owner or operator of the unit meets all of the following conditions:

The owner or operator identifies that the tank or container receives hazardous waste

generated by an organic peroxide manufacturing process producing more than one

functional family of organic peroxides or multiple organic peroxides within one

functional family, that one or more of these organic peroxides could potentially

undergo self-accelerating thermal decomposition at or below ambient temperatures,

and that organic peroxides are the predominant products manufactured by the process.

For the purposes of this subsection, “organic peroxide” means an organic compound

that contains the bivalent -O-O- structure and which may be considered to be a structural

derivative of hydrogen peroxide where one or both of the hydrogen atoms has been

replaced by an organic radical.

The owner or operator prepares documentation, in accordance with Section 724.989( i),

explaining why an undue safety hazard would be created if air emission controls

specified in Sections 724.984 through 724.987 are installed and operated on the tanks and

containers used at the facility to manage the hazardous waste generated by the organic

peroxide manufacturing process or processes meeting the conditions of subsection (d)(1)

of this Section.

The owner or operator notifies the Agency in writing that hazar

dous waste generated by

an organic peroxide manufacturing process or processes meeting the conditions of

subsection (d)(1) of this Section are managed at the facility in tanks or containers

meeting the conditions of subsection (d)(2) of this Section.

The notification must state

the name and address of the facility and be signed and dated by an authorized

representative of the facility owner or operator.

(Source: Amended at 24 Ill. Reg. ________, effective ______________________)

Section 724.983

Waste Determination Procedures

Waste determination procedure for average volatile organic (VO) concentration of a hazardous

waste at the point of waste origination.

An owner or operator shall determine the average VO concentration at the point of

waste origination for each hazardous waste placed in a waste management unit

exempted under the provisions of Section 724.982(c)(1) from using air emission controls

in accordance with standards specified in Section 724.984 through Section 724.987, as

applicable to the waste management unit.

A) An owner or operator shall make an initial determination of the average VO

concentration of the waste stream before the first time any portion of the

material in the hazardous waste stream is placed in a waste management unit

exempted under the provisions of Section 724.982(c)(1) from using air emission

controls. Thereafter, an owner or operator shall make an initial determination

of the average VO concentration of the waste stream for each averaging period

that a hazardous waste is managed in the unit.

B) An owner or operator shall perform a new waste determination whenever

changes to the source generating the waste stream are reasonably likely to

cause the average VO concentration of the hazardous waste to increase to a

level that is equal to or greater than the applicable VO concentration limits

specified in Section 724.982.

For a waste determination that is required by subsection (a)(1) of this Section, the

average VO concentration of a hazardous waste at the point of waste origination

shall

must be determined in accordance with the procedures specified in 35 Ill. Adm. Code

725.984(a)(2) through (a)(4).

Waste determination procedures for treated hazardous waste.

An owner or operator shall perform the applicable waste determination for each treated

hazardous waste placed in a waste management unit exempted under the provisions of

Section 724.982(c)(2)(A) through (c)(2)(F from using air emission controls in accordance

with standards specified in Sections 724.984 through 724.987, as applicable to the waste

management unit.

A) An owner or operator shall make an initial determination of the average VO

concentration of the waste stream before the first time any portion of the

material in the treated waste stream is placed in the exempt waste management

unit. Thereafter, an owner or operator shall update the information used for

the waste determination at least once every 12 months following the date of the

initial waste determination.

B) An owner or operator shall perform a new waste determination whenever

changes to the process generating or treating the waste stream are reasonably

likely to cause the average VO concentration of the hazardous waste to increase

to such a level that the applicable treatment conditions specified in Section

724.982 (c)(2) are not achieved.

The waste determination for a treated hazardous waste shall must be performed in

accordance with the procedures specified in 35 Ill. Adm. Code 725.984(b)(2) through

(b)(9), as applicable to the treated hazardous waste.

Procedure to determine the maximum organic vapor pressure of a hazardous waste in a tank.

An owner or operator shall determine the maximum organic vapor pressure for each

hazardous waste placed in a tank using Tank Level 1 controls in accordance with

standards specified in Section 724.984(c).

The maximum organic vapor pressure of the hazardous waste may be determined in

accordance with the procedures specified in 35 Ill. Adm. Code 725.984(c)(2) through

(c)(4).

The procedure for determining no detectable organic emissions for the purpose of complying

with this Subpart must be conducted in accordance with the procedures specified in 35 Ill. Adm.

Code 725.984(d).

(Source: Amended at 24 Ill. Reg. ________, effective ______________________)

Section 724.984

Standards: Tanks

The provisions of this Section apply to the control of air pollutant emissions from tanks for

which Section 724.982(b) references the use of this Section for such air emission control.

The owner or operator shall control air pollutant emissions from each tank subject to this Section

in accordance with the following requirements, as applicable:

For a tank that manages hazardous waste that meets all of the conditions specified in

subsections (b)(1)(A) through (b)(1)(C) of this Section, the owner or operator shall

control air pollutant emissions from the tank in accordance with the Tank Level 1

controls specified in subsection (c) of this Section or the Tank Level 2 controls specified

in subsection (d) of this Section.

The hazardous waste in the tank has a maximum organic vapor pressure that is

less than the maximum organic vapor pressure limit for the tank’s design

capacity category as follows:

For a tank design capacity equal to or greater than 151 m

(39,900 gal),

the maximum organic vapor pressure limit for the tank is 5.2

kPa (0.75

psig).

ii)

For a tank design capacity equal to or greater than 75 m

(19,800 gal)

but less than 151 m

(39,900 gal), the maximum organic vapor pressure

limit for the tank is 27.6 kPa (4.00 psig).

iii)

For a tank design capacity less than 75 m

(19,800 gal), the maximum

organic vapor pressure limit for the tank is 76.6

kPa (11.1 psig).

The hazardous waste in the tank is not heated by the owner or operator to a

temperature that is greater than the temperature at which the maximum

organic vapor pressure of the hazardous waste is determined for the purpose of

complying with subsection (b)(1)(A) of this Section.

The owner or operator does not treat the hazardous waste in the tank is not

treated by the owner or operator using a waste stabilization process, as defined

in 35 Ill. Adm. Code 725.981.

For a tank that manages hazardous waste that does not meet all of the conditions

specified in subsections (b)(1)(A) through (b)(1)(C) of this Section, the owner or operator

shall control air pollutant emissions from the tank by using Tank Level 2 controls in

accordance with the requirements of subsection (d) of this Section.

Examples of tanks

required to use Tank Level 2 controls include a tank used for a waste stabilization

process and a tank for which the hazardous waste in the tank has a maximum organic

vapor pressure that is equal to or greater than the maximum organic vapor pressure

limit for the tank’s design capacity category as specified in subsection (b)(1)(A) of this

Section.

Owners and operators controlling air pollutant emissions from a tank using Tank Level 1

controls must meet the requirements specified in subsections (c)(1) through (c)(4) of this Section:

The owner or operator shall determine the maximum organic vapor pressure for a

hazardous waste to be managed in the tank using Tank Level 1 controls before the first

time the hazardous waste is placed in the tank. The maximum organic vapor pressure

must be determined using the procedures specified in Section 724.983(c).

Thereafter, the

owner or operator shall perform a new determination whenever changes to the

hazardous waste managed in the tank could potentially cause the maximum organic

vapor pressure to increase to a level that is equal to or greater than the maximum

organic vapor pressure limit for the tank design capacity category specified in

subsection (b)(1)(A) of this Section, as applicable to the tank.

The tank must be equipped with a fixed roof designed to meet the following

specifications:

The fixed roof and its closure devices must be designed to form a continuous

barrier over the entire surface area of the hazardous waste in the tank. The

fixed roof may be a separate cover installed on the tank (e.g., a removable

cover mounted on an open-top tank) or may be an integral part of the tank

structural design (e.g., a horizontal cylindrical tank equipped with a hatch).

The fixed roof must be installed in

such a manner such that there are no visible

cracks, holes, gaps, or other open spaces between roof section joints or between

the interface of the roof edge and the tank wall.

Either of the following must be true of each opening in the fixed roof and of

any manifold system associated with the fixed roof:

The opening or manifold system is equipped with a closure device

designed to operate such so that when the closure device is secured in

the closed position there are no visible cracks, holes, gaps, or other

open spaces in the closure device or between the perimeter of the

opening and the closure device; or

ii)

The opening or manifold system is connected by a closed-vent system

that is vented to a control device. The control device must remove or

destroy organics in the vent stream, and it must be operating

whenever hazardous waste is managed in the tank, except as provided

for in subsection (c)(2)(E) of this Section.

The fixed roof and its closure devices must be made of suitable materials that

will minimize exposure of the hazardous waste to the atmosphere, to the extent

practical, and will maintain the integrity of the fixed roof and closure devices

throughout their intended service life.

Factors to be considered when selecting

the materials for and designing the fixed roof and closure devices must include

the following: the organic vapor permeability; the effects of any contact with

the hazardous waste or its vapors managed in the tank; the effects of outdoor

exposure to wind, moisture, and sunlight; and the operating practices used for

the tank on which the fixed roof is installed.

The control device operated pursuant to subsection (c)(2)(C) of this Section

needs not remove or destroy organics in the vent stream under the following

conditions:

During periods when it is necessary to provide access to the tank for

performing the activities of subsection (c)(2)(E)(ii) of this Section,

venting of the vapor headspace underneath the fixed roof to the

control device is not required, opening of closure devices is allowed,

and removal of the fixed roof is allowed.

Following completion of the

activity, the owner or operator shall promptly secure the closure

device in the closed position or reinstall the cover, as applicable, and

resume operation of the control device; and

ii)

During periods of routine inspection, maintenance, or other activities

needed for normal operations, and for removal of accumulated sludge

or other residues from the bottom of the tank.

BOARD NOTE: Subsections (c)(2)(E)(i) and (c)(2)(E)(ii) are derived from 40 CFR

264.1084(c)(2)(iii)(B)(

) and (c)(2)(iii)(B)(

), which the Board has codified here to

comport with Illinois Administrative Code format requirements.

Whenever a hazardous waste is in the tank, the fixed roof must be installed wit

h each

closure device secured in the closed position, except as follows:

Opening of closure devices or removal of the fixed roof is allowed at the

following times:

To provide access to the tank for performing routine inspection,

maintenance, or other activities needed for normal operations.

Examples of such activities include those times when a worker needs

to open a port to sample the liquid in the tank, or when a worker

needs to open a hatch to maintain or repair equipment. Following

completion of the activity, the owner or operator shall promptly

secure the closure device in the closed position or reinstall the cover,

as applicable, to the tank.

ii)

To remove accumulated sludge or other residues from the bottom of

the tank.

Opening of a spring-loaded pressure-vacuum relief valve, conservation vent, or

similar type of pressure relief device

which that vents to the atmosphere is

allowed during normal operations for the purpose of maintaining the tank

internal pressure in accordance with the tank design specifications.

The device

must be designed to operate with no detectable organic emissions when the

device is secured in the closed position.

The settings at which the device opens

must be established such so that the device remains in the closed position

whenever the tank internal pressure is within the internal pressure operating

range determined by the owner or operator based on the tank manufacturer

recommendations, applicable regulations, fire protection and prevention codes,

standard engineering codes and practices, or other requirements for the safe

handling of flammable, ignitable, explosive, reactive, or hazardous materials.

Examples of normal operating conditions that may require these devices to

open are during those times when the tank internal pressure exceeds the

internal pressure operating range for the tank as a result of loading operations

or diurnal ambient temperature fluctuations.

Opening of a safety device, as defined in 35 Ill. Adm. Code 725.981, is allowed

at any time conditions require doing so to avoid an unsafe condition.

The owner or operator shall inspect the air emission control equipment in accordance

with the following requirements.

The fixed roof and its closure devices must be visually inspected by the owner

or operator to check for defects that could result in air pollutant emissions.

Defects include, but are not limited to, visible cracks, holes, or gaps in the roof

sections or between the roof and the tank wall; broken, cracked, or otherwise

damaged seals or gaskets on closure devices; and broken or missing hatches,

access covers, caps, or other closure devices.

The owner or operator shall perform an initial inspection of the fixed roof and

its closure devices on or before the date that the tank becomes subject to this

Section. Thereafter, the owner or operator shall perform the inspections at least

once every year except under the special conditions provided for in subsection

(l) of this Section.

In the event that a defect is detected, the owner or operator shall repair the

defect in accordance with the requirements of subsection (k) of this Section.

The owner or operator shall maintain a record of the inspection in accordance

with the requirements specified in Section 724.989(b).

Owners and operators controlling air pollutant emissions from a tank using Tank Level 2

controls must use one of the following tanks:

A fixed-roof tank equipped with an internal floating roof in accordance with the

requirements specified in subsection (e) of this Section;

A tank equipped with an external floating roof in accordance with the requirements

specified in subsection (f) of this Section;

A tank vented through a closed-vent system to a control device in accordance with the

requirements specified in subsection (g) of this Section;

A pressure tank designed and operated in accordance with the requirements specified in

subsection (h) of this Section; or

A tank located inside an enclosure that is vented through a closed-vent system to an

enclosed combustion control device in accordance with the requirements specified in

subsection (i) of this Section.

The owner or operator that controls air pollutant emissions from a tank using a fixed roof with

an internal floating roof shall meet the requirements specified in subsections (e)(1) through (e)(3)

of this Section.

The tank must be equipped with a fixed roof and an internal floating roof in accordance

with the following requirements:

The internal floating roof must be designed to f

loat on the liquid surface except

when the floating roof must be supported by the leg supports.

The internal floating roof must be equipped with a continuous seal between the

wall of the tank and the floating roof edge that meets either of the following

requirements:

A single continuous seal that is either a liquid-mounted seal or a

metallic shoe seal, as defined in 35 Ill. Adm. Code 725.981; or

ii)

Two continuous seals mounted one above the other. The lower seal

may be a vapor-mounted seal.

The internal floating roof must meet the following specifications:

Each opening in a noncontact internal floating roof except for

automatic bleeder vents (vacuum breaker vents) and the rim space

vents is to provide a projection below the liquid surface.

ii)

Each opening in the internal floating roof must be equipped with a

gasketed cover or a gasketed lid except for leg sleeves, automatic

bleeder vents, rim space vents, column wells, ladder wells, sample

wells, and stub drains.

iii)

Each penetration of the internal floating roof for the purpose of

sampling must have a slit fabric cover that covers at least 90 percent of

the opening.

iv)

Each automatic bleeder vent and rim space vent must be gasketed.

Each penetration of the internal floating roof that allows for passage of

a ladder must have a gasketed sliding cover.

vi)

Each penetration of the internal floating roof that allows for passage of

a column supporting the fixed roof must have a flexible fabric sleeve

seal or a gasketed sliding cover.

The owner or operator shall operate the tank in accordance with the following

requirements:

When the floating roof is resting on the leg supports, the process of filling,

emptying, or refilling must be continuous and must be completed as soon as

practical.

Automatic bleeder vents are to be set closed at all times when the roof is

floating, except when the roof is being floated off or is being landed on the leg

supports.

Prior to filling the tank, each cover, access hatch, gauge float well or l

id on any

opening in the internal floating roof must be bolted or fastened closed (i.e., no

visible gaps). Rim space vents must be set to open only when the internal

floating roof is not floating or when the pressure beneath the rim exceeds the

manufacturer’s recommended setting.

The owner or operator shall inspect the internal floating roof in accordance with the

procedures specified as follows:

The floating roof and its closure devices must be visually inspected by the

owner or operator to check for defects that could result in air pollutant

emissions. Defects include, but are not limited to, any of the following:

when

the internal floating roof is not floating on the surface of the liquid inside the

tank; when liquid has accumulated on top of the internal floating roof; when

any portion of the roof seals have detached from the roof rim; when holes,

tears, or other openings are visible in the seal fabric; when the gaskets no

longer close off the hazardous waste surface from the atmosphere; or when the

slotted membrane has more than 10 percent open area.

The owner or operator shall inspect the internal floating roof components as

follows, except as provided in subsection (e)(3)(C) of this Section:

Visually inspect the internal floating roof components through

openings on the fixed-roof (e.g., manholes and roof hatches) at least

once every 12 months after initial fill, and

ii)

Visually inspect the internal floating roof, primary seal, secondary

seal (if one is in service), gaskets, slotted membranes, and sleeve seals

(if any) each time the tank is emptied and degassed and at least once

every 10 years.

As an alternative to performing the inspections specified in subsection (e)(3)(B)

of this Section for an internal floating roof equipped with two continuous seals

mounted one above the other, the owner or operator may visually inspect the

internal floating roof, primary and secondary seals, gaskets, slotted

membranes, and sleeve seals (if any) each time the tank is emptied and

degassed and at least every five years.

Prior to each inspection required by subsection (e)(3)(B) or (e)(3)(C) of this

Section, the owner or operator shall notify the Agency in advance of each

inspection to provide the Agency with the opportunity to have an observer

present during the inspection. The owner or operator shall notify the Agency

of the date and location of the inspection as follows:

Prior to each visual inspection of an internal floating roof in a tank

that has been emptied and degassed, written notification must be

prepared and sent by the owner or operator so that it is received by

the Agency at least 30 calendar days before refilling the tank, except

when an inspection is not planned, as provided for in subsection

(e)(3)(D)(ii) of this Section.

ii)

When a visual inspection is not planned and the owner or operator

could not have known about the inspection 30 calendar days before

refilling the tank, the owner or operator shall notify the Agency as

soon as possible, but no later than seven calendar days before refilling

of the tank. This notification may be made by telephone and

immediately followed by a written explanation for why the inspection

is unplanned. Alternatively, written notification, including the

explanation for the unplanned inspection, may be sent so that it is

received by the Agency at least seven calendar days before refilling

the tank.

In the event that a defect is detected, the owner or operator shall repair the

defect in accordance with the requirements of subsection (k) of this Section.

The owner or operator shall maintain a record of the inspection in accordance

with the requirements specified in Section 724.989(b).

Safety devices, as defined in 35 Ill. Adm. Code 725.981, may be installed and operated as

necessary on any tank complying with the requirements of this subsection (e).

The owner or operator that controls air pollutant emissions from a tank using an external

floating roof must meet the requirements specified in subsections (f)(1) through (f)(3) of this

Section.

The owner or operator shall design the external floating roof in accordance with the

following requirements:

The external floating roof must be designed to float on the liquid surface except

when the floating roof must be supported by the leg supports.

The floating roof must be equipped with two continuous seals, one above the

other, between the wall of the tank and the roof edge. The lower seal is

referred to as the primary seal, and the upper seal is referred to as the

secondary seal.

The primary seal must be a liquid-mounted seal or a metallic shoe

seal, as defined in 35 Ill. Adm. Code 725.981.

The total area of the gaps

between the tank wall and the primary seal must not exceed 212

square centimeters (cm

) per meter (10.0 square inches (in

) per foot) of

tank diameter, and the width of any portion of these gaps must not

exceed 3.8 centimeters (cm) (1.5 in). If a metallic shoe seal is used for

the primary seal, the metallic shoe seal must be designed so that one

end extends into the liquid in the tank and the other end extends a

vertical distance of at least 61 cm (24 in) above the liquid surface.

ii)

The secondary seal must be mounted above the primary seal and cover

the annular space between the floating roof and the wall of the tank.

The total area of the gaps between the tank wall and the secondary seal

must not exceed 21.2 cm

per meter (1.00 in

per foot) of tank diameter,

and the width of any portion of these gaps must not exceed 1.3 cm (0.51

in).

The external floatin g roof must meet the following specifications:

Except for automatic bleeder vents (vacuum breaker vents) and rim

space vents, each opening in a noncontact external floating roof must

provide a projection below the liquid surface.

ii)

Except for automatic bleeder vents, rim space vents, roof drains, and

leg sleeves, each opening in the roof must be equipped with a

gasketed cover, seal, or lid.

iii)

Each access hatch and each gauge float well must be equipped with a

cover designed to be bolted or fastened when the cover is secured in

the closed position.

iv)

Each automatic bleeder vent and each rim space vent must be

equipped with a gasket.

Each roof drain that empties into the liquid managed in the tank must

be equipped with a slotted membrane fabric cover that covers at least

90 percent of the area of the opening.

vi)

Each unslotted and slotted guide pole well must be equipped with a

gasketed sliding cover or a flexible fabric sleeve seal.

vii)

Each unslotted guide pole must be equipped with a

gasketed cap on

the end of the pole.

viii)

Each slotted guide pole must be equipped with a

gasketed float or

other device which that closes off the liquid surface from the

atmosphere.

ix)

Each gauge hatch and each sample well must be equipped with a

gasketed cover.

The owner or operator shall operate the tank in accordance with the following

requirements:

When the floating roof is resting on the leg supports, the process of filling,

emptying, or refilling must be continuous and must be completed as soon as

practical.

Except for automatic bleeder vents, rim space vents, roof drains, and leg

sleeves, each opening in the roof must be secured and maintained in a closed

position at all times except when the closure device must be open for access.

Covers on each access hatch and each gauge float well must be bolted or

fastened when secured in the closed position.

Automatic bleeder vents must be set closed at all times when the roof is

floating, except when the roof is being floated off or is being landed on the leg

supports.

Rim space vents must be set to open only at those times that the roof is being

floated off the roof leg supports or when the pressure beneath the rim seal

exceeds the manufacturer’s recommended setting.

The cap on the end of each unslotted guide pole must be secured in the closed

position at all times except when measuring the level or collecting samples of

the liquid in the tank.

The cover on each gauge hatch or sample well must be secured in the closed

position at all times except when the hatch or well must be opened for access.

Both the primary seal and the secondary seal must completely cover the

annular space between the external floating roof and the wall of the tank in a

continuous fashion except during inspections.

The owner or operator shall inspect the external floating roof in accordance with the

procedures specified as follows:

The owner or operator shall measure the external floating roof seal gaps in

accordance with the following requirements:

The owner or operator shall perform measurements of gaps between

the tank wall and the primary seal within 60 calendar days after initial

operation of the tank following installation of the floating roof and,

thereafter, at least once every five years.

ii)

The owner or operator shall perform measurements of gaps between

the tank wall and the secondary seal within 60 calendar days after

initial operation of the tank following installation of the floating roof

and, thereafter, at least once every year.

iii)

If a tank ceases to hold hazardous waste for a period of one year or

more, subsequent introduction of hazardous waste into the tank must

be considered an initial operation for the purposes of subsections

(f)(3)(A)(i) and (f)(3)(A)(ii) of this Section.

iv)

The owner or operator shall determine the total surface area of gaps in

the primary seal and in the secondary seal individually using the

procedure of subsection (f)(3)(D) of this Section.

In the event that the seal gap measurements do not co nform to the

specifications in subsection (f)(1)(B) of this Section, the owner or

operator shall repair the defect in accordance with the requirements of

subsection (k) of this Section.

vi)

The owner or operator shall maintain a record of the inspection in

accordance with the requirements specified in Section 724.989(b).

The owner or operator shall visually inspect the external floating roof in

accordance with the following requirements:

The floating roof and its closure devices must be visually in

spected by

the owner or operator to check for defects that could result in air

pollutant emissions. Defects include, but are not limited to, any of the

following conditions:

holes, tears, or other openings in the rim seal or

seal fabric of the floating roof; a rim seal detached from the floating

roof; all or a portion of the floating roof deck being submerged below

the surface of the liquid in the tank; broken, cracked, or otherwise

damaged seals or gaskets on closure devices; and broken or missing

hatches, access covers, caps, or other closure devices.

ii)

The owner or operator shall perform an initial inspection of the

external floating roof and its closure devices on or before the date that

the tank becomes subject to this Section. Thereafter, the owner or

operator shall perform the inspections at least once every year except

for the special conditions provided for in subsection (l) of this Section.

iii)

In the event that a defect is detected, the owner or operator shall repair

the defect in accordance with the requirements of subsection (k) of this

Section.

iv)

The owner or operator shall maintain a record of the inspection in

accordance with the requirements specified in Section 724.989(b).

Prior to each inspection required by subsection (f)(3)(A) or (f)(3)(B) of this

Section, the owner or operator shall notify the Agency in advance of each

inspection to provide the Agency with the opportunity to have an observer

present during the inspection. The owner or operator shall notify the Agency

of the date and location of the inspection as follows:

Prior to each inspection to measure external floating roof seal gaps as

required under subsection (f)(3)(A) of this Section, written notification

must be prepared and sent by the owner or operator so that it is

received by the Agency at least 30 calendar days before the date the

measurements are scheduled to be performed.

ii)

Prior to each visual inspection of an external floating roof in a tank

that has been emptied and degassed, written notification must be

prepared and sent by the owner or operator so that it is received by

the Agency at least 30 calendar days before refilling the tank, except

when an inspection is not planned as provided for in subsection

(f)(3)(C)(iii) of this Section.

iii)

When a visual inspection is not planned and the owner or operator

could not have known about the inspection 30 calendar days before

refilling the tank, the owner or operator shall notify the Agency as

soon as possible, but no later than seven calendar days before refilling

of the tank. This notification may be made by telephone and

immediately followed by a written explanation for why the inspection

is unplanned. Alternatively, written notification, including the

explanation for the unplanned inspection, may be sent so that it is

received by the Agency at least seven calendar days before refilling

the tank.

Procedure for determining the total surface area of gaps in the primary seal and

the secondary seal:

The seal gap measurements must be performed at one or more

floating roof levels when the roof is floating off the roof supports.

ii)

Seal gaps, if any, must be measured around the entire perimeter of the

floating roof in each place where a 0.32 cm (0.125 in) diameter uniform

probe passes freely (without forcing or binding against the seal)

between the seal and the wall of the tank and measure the

circumferential distance of each such location.

iii)

For a seal gap measured under subsection (f)(3) of this Section, the gap

surface area must be determined by using probes of various widths to

measure accurately the actual distance from the tank wall to the seal

and multiplying each such width by its respective

circumferential

distance.

iv)

The total gap area must be calculated by adding the gap surface areas

determined for each identified gap location for the primary seal and

the secondary seal individually, and then dividing the sum for each

seal type by the nominal diameter of the tank. These total gap areas

for the primary seal and secondary seal are then compared to the

respective standards for the seal type, as specified in subsection

(f)(1)(B) of this Section.

BOARD NOTE: Subsections (f)(3)(D)(i) through (f)(3)(D)(iv) are derived from 40

CFR 264.1084(f)(3)(i)(D)(1) through (f)(3)(i)(D)(4), which the Board has codified

here to comport with Illinois Administrative Code format requirements.

Safety devices, as defined in 35 Ill. Adm. Code 725.981, may be installed and operated as

necessary on any tank complying with the requirements of subsection (f) of this Section.

The owner or operator that controls air pollutant emissions from a tank by venting the tank to a

control device shall meet the requirements specified in subsections (g)(1) through (g)(3) of this

Section.

The tank must be covered by a fixed roof and vented directly through a closed-vent

system to a control device in accordance with the following requirements:

The fixed roof and its closure devices must be designed to form a continuous

barrier over the entire surface area of the liquid in the tank.

Each opening in the fixed roof not vented to the control device must be

equipped with a closure device. If the pressure in the vapor headspace

underneath the fixed roof is less than atmospheric pressure when the control

device is operating, the closure devices must be designed to operate

such so

that when the closure device is secured in the closed position there are no

visible cracks, holes, gaps, or other open spaces in the closure device or

between the perimeter of the cover opening and the closure device. If the

pressure in the vapor headspace underneath the fixed roof is equal to or greater

than atmospheric pressure when the control device is operating, the closure

device must be designed to operate with no detectable organic emissions.

The fixed roof and its closure devices must be made of suitable materials that

will minimize exposure of the hazardous waste to the atmosphere, to the extent

practical, and will maintain the integrity of the fixed roof and closure devices

throughout their intended service life.

Factors to be considered when selecting

the materials for and designing the fixed roof and closure devices must include

the following: organic vapor permeability; the effects of any contact with the

liquid and its vapor managed in the tank; the effects of outdoor exposure to

wind, moisture, and sunlight; and the operating practices used for the tank on

which the fixed roof is installed.

The closed-vent system and control device must be designed and operated in

accordance with the requirements of Section 724.987.

Whenever a hazardous waste is in the tank, the fixed roof must be installed with each

closure device secured in the closed position and the vapor

headspace underneath the

fixed roof vented to the control device except as follows:

Venting to the control device is not required, and opening of closure devices or

removal of the fixed roof is allowed at the following times:

To provide access to the tank for performing routine inspection,

maintenance, or other activities needed for normal operations.

Examples of such activities include those times when a worker needs

to open a port to sample liquid in the tank, or when a worker needs to

open a hatch to maintain or repair equipment. Following completion

of the activity, the owner or operator shall promptly secure the closure

device in the closed position or reinstall the cover, as applicable, to the

tank.

ii)

To remove accumulated sludge or other residues from the bottom of a

tank.

Opening of a safety device, as defined in 35 Ill. Adm. Code 725.981, is allowed

at any time conditions require doing so to avoid an unsafe condition.

The owner or operator shall inspect and monitor the air emission control equipment in

accordance with the following procedures:

The fixed roof and its closure devices must be visually inspected by the owner

or operator to check for defects that could result in air pollutant emissions.

Defects include, but are not limited to, any of the following:

visible cracks,

holes, or gaps in the roof sections or between the roof and the tank wall;

broken, cracked, or otherwise damaged seals or gaskets on closure devices; and

broken or missing hatches, access covers, caps, or other closure devices.

The closed-vent system and control device must be inspected and monitored by

the owner or operator in accordance with the procedures specified in Section

724.987.

The owner or operator shall perform an initial inspection of the air emission

control equipment on or before the date that the tank becomes subject to this

Section. Thereafter, the owner or operator shall perform the inspections at least

once every year except for the special conditions provided for in subsection (l)

of this Section.

In the event that a defect is detected, the owner or operator shall repair the

defect in accordance with the requirements of subsection (k) of this Section.

The owner or operator shall maintain a record of the inspection in accordance

with the requirements specified in Section 724.989(b).

The owner or operator that controls air pollutant emissions by using a pressure tank must meet

the following requirements:

The tank must be designed not to vent to the atmosphere as a result of compression of

the vapor headspace in the tank during filling of the tank to its design capacity.

All tank openings must be equipped with closure devices designed to operate with no

detectable organic emissions as determined using the procedure specified in Section

724.983(d).

Whenever a hazardous waste is in the tank, the tank must be operated as a closed -vent

system that does not vent to the atmosphere, except in the event that a safety device, as

defined in 35 Ill. Adm. Code 725.981, is required to open to avoid an unsafe condition.

under either of the following two conditions:

A) The tank does not need to be operated as a closed-vent system at those times

when the opening of a safety device, as defined in 35 Ill. Adm. Code 725.981, is

required to avoid an unsafe condition.

B) The tank does not need to be operated as a closed-vent system at those times

when the purging of inerts from the tank is required and the purge stream is

routed to a closed-vent system and control device designed and operated in

accordance with the requirements of Section 724.987.

The owner or operator that controls air pollutant emissions by using an enclosure vented

through a closed-vent system to an enclosed combustion control device

must shall meet the

requirements specified in subsections (

i)(1) through (i)(4) of this Section.

The tank must be located inside an enclosure. The enclosure must be designed and

operated in accordance with the criteria for a permanent total enclosure, as specified in

“Procedure T--Criteria for and Verification of a Permanent or Temporary Total

Enclosure” under 40 CFR 52.741, appendix B, incorporated by reference in 35 Ill. Adm.

Code 720.111. The enclosure may have permanent or temporary openings to allow

worker access; passage of material into or out of the enclosure by conveyor, vehicles, or

other mechanical means; entry of permanent mechanical or electrical equipment; or

direct airflow into the enclosure.

The owner or operator shall perform the verification

procedure for the enclosure, as specified in Section 5.0 to “Procedure T--Criteria for and

Verification of a Permanent or Temporary Total Enclosure”, initially when the enclosure

is first installed and, thereafter, annually.

The enclosure must be vented through a closed-vent system to an enclosed combustion

control device that is designed and operated in accordance with the standards for either

a vapor incinerator, boiler, or process heater specified in Section 724.987.

Safety devices, as defined in 35 Ill. Adm. Code 725.981, may be installed and operated as

necessary on any enclosure, closed-vent system, or control device used to comply with

the requirements of subsections ( i)(1) and (i)(2) of this Section.

The owner or operator shall inspect and monitor the closed-vent system and control

device as specified in Section 724.987.

The owner or operator shall transfer hazardous waste to a tank subject to this Section in

accordance with the following requirements:

Transfer of hazardous waste, except as provided in subsection (j)(2) of this Section, to the

tank from another tank subject to this Section or from a surface impoundment subject to

Section 724.985 must be conducted using continuous hard-piping or another closed

system that does not allow exposure of the hazardous waste to the atmosphere. For the

purpose of complying with this provision, an individual drain system is considered to

be a closed system when it meets the requirements of 40 CFR 63, subpart RR, “National

Emission Standards for Individual Drain Systems”, incorporated by reference in 35 Ill.

Adm. Code 720.111.

The requirements of subsection (j)(1) of this Section do not apply when transferring a

hazardous waste to the tank under any of the following conditions:

The hazardous waste meets the average VO concentration conditions specified

in Section 724.982(c)(1) at the point of waste origination.

The hazardous waste has been treated by an organic destruction or removal

process to meet the requirements in Section 724.982(c)(2).

The hazardous waste meets the requirements of Section 724.982(c)(4).

The owner or operator shall repair each defect detected during an inspection performed in

accordance with the requirements of subsection (c)(4), (e)(3), (f)(3), or (g)(3) of this Section, as

follows:

The owner or operator shall make first eff orts at repair of the defect no later than five

calendar days after detection, and repair must be completed as soon as possible but no

later than 45 calendar days after detection except as provided in subsection (k)(2) of this

Section.

Repair of a defect may be delayed beyond 45 calendar days if the owner or operator

determines that repair of the defect requires emptying or temporary removal from

service of the tank and no alternative tank capacity is available at the site to accept the

hazardous waste normally managed in the tank. In this case, the owner or operator

shall repair the defect the next time the process or unit that is generating the hazardous

waste managed in the tank stops operation. Repair of the defect must be completed

before the process or unit resumes operation.

Following the initial inspection and monitoring of the cover, as required by the applicable

provisions of this Subpart, subsequent inspection and monitoring may be performed at intervals

longer than one year under the following special conditions:

In the case when inspecting or monitoring the cover would expose a worker to

dangerous, hazardous, or other unsafe conditions, then the owner or operator may

designate a cover as an “unsafe to inspect and monitor cover” and comply with all of the

following requirements:

Prepare a written explanation for the cover stating the reasons why the cover is

unsafe to visually inspect or to monitor, if required.

Develop and implement a written plan and schedule to inspect and m

onitor the

cover, using the procedures specified in the applicable Section of this Subpart,

as frequently as practicable during those times when a worker can safely access

the cover.

In the case when a tank is buried partially or entirely underground, an owner or

operator is required to inspect and monitor, as required by the applicable provisions of

this Section, only those portions of the tank cover and those connections to the tank (e.g.,

fill ports, access hatches, gauge wells, etc.) that are located on or above the ground

surface.

(Source: Amended at 24 Ill. Reg. ________, effective ______________________)

Section 724.986

Standards: Containers

The provisions of this Section apply to the control of air pollutant emissions from containers for

which Section 724.982(b) references the use of this Section for such air emission control.

General requirements.

The owner or operator shall control air pollutant emissions from each container subject

to this Section in accordance with the following requirements, as applicable to the

container, except when the special provisions for waste stabilization processes specified

in subsection (b)(2) of this Section apply to the container.

For a container having a design capacity greater than 0.1 m

(26 gal) and less

than or equal to 0.46 m

(120 gal), the owner or operator shall control air

pollutant emissions from the container in accordance with the Container Level

1 standards specified in subsection (c) of this Section.

For a container having a d esign capacity greater than 0.46 m

(120 gal) that is

not in light material service, the owner or operator shall control air pollutant

emissions from the container in accordance with the Container Level 1

standards specified in subsection (c) of this Section.

For a container having a design capacity greater than 0.46 m

(120 gal) that is in

light material service, the owner or operator shall control air pollutant

emissions from the container in accordance with the Container Level 2

standards specified in subsection (d) of this Section.

When a container having a design capacity greater than 0.1 m

(26 gal) is used for

treatment of a hazardous waste by a waste stabilization process, the owner or operator

shall control air pollutant emissions from the container in accordance with the

Container Level 3 standards specified in subsection (e) of this Section at those times

during the waste stabilization process when the hazardous waste in the container is

exposed to the atmosphere.

Container Level 1 stan dards.

A container using Container Level 1 controls is one of the following:

A container that meets the applicable U.S. Department of Transportation

(USDOT) regulations on packaging hazardous materials for transportation, as

specified in subsection (f) of this Section.

A container equipped with a cover and closure devices that form a continuous

barrier over the container openings so that when the cover and closure devices

are secured in the closed position there are no visible holes, gaps, or other open

spaces into the interior of the container. The cover may be a separate cover

installed on the container (e.g., a lid on a drum or a suitably secured tarp on a

roll-off box) or may be an integral part of the container structural design (e.g., a

“portable tank” or bulk cargo container equipped with a screw-type cap).

An open-top container in which an organic-vapor suppressing barrier is placed

on or over the hazardous waste in the container such so that no hazardous

waste is exposed to the atmosphere. One example of such a barrier is

application of a suitable organic-vapor suppressing foam.

A container used to meet the requirements of subsection (c)(1)(B) or (c)(1)(C) of this

Section must be equipped with covers and closure devices, as applicable to the container,

that are composed of suitable materials to minimize exposure of the hazardous waste to

the atmosphere and to maintain the equipment integrity, for as long as it is in service.

Factors to be considered in selecting the materials of construction and designing the

cover and closure devices must include the following:

the organic vapor permeability;

the effects of contact with the hazardous waste or its vapor managed in the container; the

effects of outdoor exposure of the closure device or cover material to wind, moisture,

and sunlight; and the operating practices for which the container is intended to be used.

Whenever a hazardous waste is in a container using Container Level 1 controls, the

owner or operator shall install all covers and closure devices for the container, as

applicable to the container, and secure and maintain each closure device in the closed

position except as follows:

Opening of a closure device or cover is allowed for the purpose of adding

hazardous waste or other material to the container as follows:

In the case when the container is filled to the intended final level in

one continuous operation, the owner or operator shall promptly

secure the closure devices in the closed position and install the covers,

as applicable to the container, upon conclusion of the filling operation.

ii)

In the case when discrete quantities or batches of material

intermittently are added to the container over a period of time, the

owner or operator shall promptly secure the closure devices in the

closed position and install covers, as applicable to the container, upon

either the container being filled to the intended final level; the

completion of a batch loading after which no additional material will

be added to the container within 15 minutes; the person performing

the loading operation leaving the immediate vicinity of the container;

or the shutdown of the process generating the material being added to

the container, whichever condition occurs first.

Opening of a closure device or cover is allowed for the purpose of removing

hazardous waste from the container as follows:

For the purpose of meeting the requirements of this Section, an empty

container, as defined in 35 Ill. Adm. Code 721.107(b), may be open to

the atmosphere at any time (i.e., covers and closure devices are not

required to be secured in the closed position on an empty container).

ii)

In the case when discrete quantities or batches of material are removed

from the container but the container does not meet the conditions to

be an empty container as defined in 35 Ill. Adm. Code 721.107(b), the

owner or operator shall promptly secure the closure devices in the

closed position and install covers, as applicable to the container, upon

the completion of a batch removal after which no additional material

will be removed from the container within 15 minutes or the person

performing the unloading operation leaves the immediate vicinity of

the container, whichever condition occurs first.

Opening of a closure device or cover is allowed when access inside the

container is needed to perform routine activities other than transfer of

hazardous waste. Examples of such activities include those times when a

worker needs to open a port to measure the depth of or sample the material in

the container, or when a worker needs to open a manhole hatch to access

equipment inside the container. Following completion of the activity, the

owner or operator shall promptly secure the closure device in the closed

position or reinstall the cover, as applicable to the container.

Opening of a spring-loaded pressure-vacuum relief valve, conservation vent, or

similar type of pressure relief device

which that vents to the atmosphere is

allowed during normal operations for the purpose of maintaining the internal

pressure of the container in accordance with the container design

specifications. The device must be designed to operate with no detectable

organic emissions when the device is secured in the closed position.

The

settings at which the device opens must be established

such so that the device

remains in the closed position whenever the internal pressure of the container

is within the internal pressure operating range determined by the owner or

operator based on container manufacturer recommendations, applicable

regulations, fire protection and prevention codes, standard engineering codes

and practices, or other requirements for the safe handling of flammable,

ignitable, explosive, reactive, or hazardous materials.

Examples of normal

operating conditions that may require these devices to open are during those

times when the internal pressure of the container exceeds the internal pressure

operating range for the container as a result of loading operations or diurnal

ambient temperature fluctuations.

Opening of a safety device, as defined in 35 Ill. Adm. Code 725.981, is allowed

at any time conditions require doing so to avoid an unsafe condition.

The owner or operator of containers using Container Level 1 controls shall inspect the

containers and their covers and closure devices as follows:

In the case when a hazardous waste already is in the container at the time the

owner or operator first accepts possession of the container at the facility and the

container is not emptied within 24 hours after the container is accepted at the

facility (i.e., it does not meet the conditions for an empty container as specified

in 35 Ill. Adm. Code 721.107(b)), the owner or operator shall visually inspect

the container and its cover and closure devices to check for visible cracks, holes,

gaps, or other open spaces into the interior of the container when the cover and

closure devices are secured in the closed position.

The container visual

inspection must be conducted on or before the date on which the container is

accepted at the facility (i.e., the date when the container becomes subject to the

Subpart CC container standards). For the purposes of this requirement, the

date of acceptance is the date of signature that the facility owner or operator

enters on Item 20 of the Uniform Hazardous Waste Manifest incorporated by

reference in 35 Ill. Adm. Code 722.Appendix A (USEPA Forms 8700-22 and 8700-

22A), as required under Section 724.171. If a defect is detected, the owner or

operator shall repair the defect in accordance with the requirements of

subsection (c)(4)(C) of this Section.

In the case when a container used for managing hazardous waste remains at the

facility for a period of one year or more, the owner or operator shall visually

inspect the container and its cover and closure devices initially and thereafter,

at least once every 12 months, to check for visible cracks, holes, gaps, or other

open spaces into the interior of the container when the cover and closure

devices are secured in the closed position.

If a defect is detected, the owner or

operator shall repair the defect in accordance with the requirements of

subsection (c)(4)(C) of this Section.

When a defect is detected for the container, cover, or closure devices, the owner

or operator shall make first efforts at repair of the defect no later than 24 hours

after detection and repair must be completed as soon as possible but no later

than five calendar days after detection. If repair of a defect cannot be completed

within five calendar days, then the hazardous waste must be removed from the

container and the container must not be used to manage hazardous waste until

the defect is repaired.

The owner or operator shall maintain at the facility a copy of the procedure used to

determine that containers with capacity of 0.46 m

(120 gal) or greater, which do not

meet applicable DOT regulations, as specified in subsection (f) of this Section, are not

managing hazardous waste in light material service.

Container Level 2 standa rds.

A container using Container Level 2 controls is one of the following:

A container that meets the applicable U.S. Department of Transportation

(USDOT) regulations on packaging hazardous materials for transportation as

specified in subsection (f) of this Section.

A container that operates with no detectable organic emissions, as defined in 35

Ill. Adm. Code 725.981, and determined in accordance with the procedure

specified in subsection (g) of this Section.

A container that has been demonstrated within the preceding 12 months to be

vapor-tight by using 40 CFR 60, appendix A, Method 27, incorporated by

reference in 35 Ill. Adm. Code 720.111, in accordance with the procedure

specified in subsection (h) of this Section.

Transfer of hazardous waste in or out of a container using Container Level 2 controls

must be conducted in such a manner as to minimize exposure of the hazardous waste to

the atmosphere, to the extent practical, considering the physical properties of the

hazardous waste and good engineering and safety practices for handling flammable,

ignitable, explosive, reactive, or other hazardous materials.

Examples of container

loading procedures that the USEPA considers to meet the requirements of this

subsection (d)(2) include using any one of the following:

a submerged-fill pipe or other

submerged-fill method to load liquids into the container; a vapor-balancing system or a

vapor-recovery system to collect and control the vapors displaced from the container

during filling operations; or a fitted opening in the top of a container through which the

hazardous waste is filled and subsequently purging the transfer line before removing it

from the container opening.

Whenever a hazardous waste is in a container using Container Level 2 controls, the

owner or operator shall install all covers and closure devices for the container, and

secure and maintain each closure device in the closed position, except as follows:

Opening of a closure device or cover is allowed for the purpose of ad

ding