R0005for.PDF

ILLINOIS POLLUTION CONTROL BOARD

December 2, 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)

Adopted Rule. Final Order.

OPINION 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 today adopts 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 opinion supports the order that the Board also adopts today. The Board will wait 30 days

for USEPA to review the amendments, as provided in the agreement between USEPA and the State of

Illinois relating to federal authorization of the State program, in order to allow USEPA an additional

opportunity to review the amendments before they become effective. We will then file the amendments

with the Secretary of State and submit Notices of Adopted Amendments for publication in the

Illinois

Register

FEDERAL ACTIONS CONSIDERED IN THIS RULEMAKING

The following briefly summarizes the federal actions considered in this rulemaking.

Docket R00-5: January 1, 1999, through June 30, 1999, RCRA Subtitle C

Amendments

USEPA amended the federal RCRA Subtitle C regulations on three occasions during the period

January 1, 1999, through June 30, 1999. Each is summarized below:

64 Fed. Reg. 3382 (January 21, 1999)

USEPA adopted clarifying and corrective amendments to the 40 C.F.R. 264, Subpart CC and

265, Subpart CC organic material emission rules (Subpart CC rules) applicable to hazardous

waste tanks, containers, and surface impoundments.

64 Fed. Reg. 6806 (February 11, 1999)

USEPA adopted a temporary exemption of certain petroleum refining wastes from the definition

of hazardous waste.

64 Fed. Reg. 25408 (May 11, 1999)

USEPA adopted corrections and clarifications to several of its Phase IV rulemaking actions: its

May 12, 1997 (62 Fed. Reg. 25998) and May 26, 1998 (63 Fed. Reg. 28556) Phase IV

rules; its August 31, 1998 (63 Fed. Reg. 46332) administrative stay of aspects of its May 26,

1998 rule; its September 4, 1998 (63 Fed. Reg. 47409) emergency amendment of the

carbamate rule; and the September 24, 1998 (63 Fed. Reg. 51254) amendments relating to

spent potliners.

The Board has already acted with regard to two of the federal actions that occurred in the current

update period. See RCRA Update, USEPA Regulations (July 1, 1998, through December 31, 1998)

(June 17, 1999), R99-15. No further action is necessary as to one federal action, and only partial

action is required to complete the Board’s actions as to the other. The listing of the two federal actions

on which the Board has already acted follows, together with a brief explanation as to why no action or

only partial action is necessary:

64 Fed Reg. 6806 (February 11, 1999)

The Board fully incorporated the temporary exemption of certain petroleum refining wastes into

update docket R99-15, so no further action will be necessary.

64 Fed. Reg. 25408 (May 11, 1999)

The Board included most, but not all, of the USEPA corrections and clarifications to its Phase

IV rulemaking actions. The Board adopted all of the federal amendments except those to 40

C.F.R. 262, since corresponding 35 Ill. Adm. Code 722 was not included in the proposal for

public comment in RCRA Update, USEPA Regulations (July 1, 1998, through December 31,

1998) (April 23, 1999), R99-15. The Board must complete the amendments in this docket,

R00-5.

Later RCRA Subtitle C (Hazardous Waste) Amendments of Interest

The Board engages in ongoing monitoring of federal actions. As of the date of this opinion and

accompanying order, we have not identified any USEPA actions since June 30, 1999, that further

amend the RCRA Subtitle C hazardous waste rules involved in this proceeding. When the Board

observes an action outside the nominal timeframe of a docket that would require expedited

consideration in the pending docket, the Board will expedite consideration of those amendments.

Federal actions that could warrant expedited consideration include those that directly affect the

amendments involved in this docket, those for which compelling reasons would warrant consideration as

soon as possible, and those for which the Board has received a request for expedited consideration. If

the Board identifies any federal actions that fulfill these criteria prior to final action on the present

amendments, it may include those amendments in the present update docket R00-5. In this instance, no

later amendments affect the subject matter involved in this proceeding.

Unrelated Federal Actions Having an Ancillary Impact on the Illinois RCRA Subtitle C

Regulations

In addition to the amendments to the federal RCRA Subtitle C regulations, other, unrelated

federal amendments might have an effect on the corresponding Illinois rules. Most notably, 35 Ill. Adm.

Code 720.111 includes several incorporations of federal regulations by reference, and USEPA has

amended 40 C.F.R. 136, which is included among the incorporated references. The federal

amendments to 40 C.F.R. 136 are as follows, along with a description of the Board action each

requires, if any:

64 Fed. Reg. 4975 (February 2, 1999)

USEPA amended the 40 C.F.R. 136 methods for whole effluent toxicity testing for the

purposes of compliance with the Clean Water Act.

64 Fed. Reg. 26315 (May 14, 1999)

USEPA approved the use of a new method for analyzing oil and grease for the purposes of

compliance with the Clean Water Act and RCRA regulations.

64 Fed. Reg. 30417 (June 8, 1999)

USEPA amended its guidance on the analysis of mercury in water for the purposes of

compliance with the water quality requirements of the Clean Water Act.

Summary Listing of the Federal Actions Forming the Basis of the Board’s Actions in

this Docket

Based on the foregoing, the federal actions that form the basis for Board action in this update

docket are as follows, in chronological order:

64 Fed. Reg. 3381 (January 21, 1999)

Clarifying and corrective amendments to the Subpart

CC organic material emission rules applicable to

hazardous waste tanks, containers, and surface

impoundments.

64 Fed. Reg. 4975 (February 2, 1999)

40 C.F.R. 136 amendment.

64 Fed. Reg. 25408 (May 11, 1999)

Corrections and clarifications to the Phase IV

rulemaking actions. (Completion of action taken in

prior update docket R99-15.)

64 Fed. Reg. 26315 (May 14, 1999)

40 C.F.R. 136 amendment.

64 Fed. Reg. 30417 (June 8, 1999)

40 C.F.R. 136 amendment.

PUBLIC COMMENTS

The Board adopted a proposal for public comment in this matter by order dated September 23,

1999. “Notices of Proposed Amendments” appeared in the October 8, 1999 issue of the

Illinois

Register

, at 23 Ill. Reg. 12087 (Part 720), 12185 (Part 722), 12195 (Part 724), and 12100 (Part

725). The Board accepted public comments on the proposal for a 45-day period following publication

in the

Illinois Register.

The comment period expired on November 22, 1999.

The Board received two public comments during the public comment period. Those comments

are as follows:

PC 1

USEPA Region V, dated November 23, 1999, letter from Richard T. Traub, Chief,

State Programs and Authorization Section (received November 24, 1999).

PC 2

Illinois Environmental Protection Agency (the IEPA), dated November 17, 1999,

Response to Public Comment Period from Susan J. Schroeder, Associate Counsel,

Division of Legal Counsel (received November 24, 1999).

In PC 1, USEPA stated that it has no comments on the “RCRA Cluster VIII” requirements that

appeared in the

Federal Register

during the period January 1, 1999, through June 30, 1999. In PC 2,

the IEPA voiced its concern over two narrow aspects of the proposed amendments. The IEPA

comments are discussed below (at pages seven through nine) in the appropriate segments of the

substantive discussion of the amendments.

In addition to the public comments, the Board also received a series of four documents from the

Joint Committee on Administrative Rules (JCAR) (one for each Part involved in this proceeding) entitled

“Identical First Notice Line Numbered Version.” Each of these documents contain those changes that

JCAR made prior to the October 8, 1999 publication of these amendments in the

Illinois Register

The changes accepted by the Board are listed in the table entitled, “Revisions to the Text of the

Proposed Amendments in Final Adoption,” that begins at page 14 of this opinion. The changes not

accepted by the Board, together with a brief explanation, appear in the table entitled, “Requested

Revisions to the Text of the Proposed Amendments Not Made in Final Adoption,” beginning at page

14.

The Board adopts these amendments, having first made the changes necessitated by public

comment. The Board will delay filing these adopted rules with the Secretary of State for 30 days after

the date of this opinion and order, or until after January 1, 1999, in order to allow additional time for

USEPA to review the adopted amendments before they are filed and become effective. The complete

text of the adopted amendments appears in a separate order adopted this day.

DISCUSSION

The following discussion begins with a description of the types of deviations the Board makes

from the literal text of federal regulations in adopting identical-in-substance rules. It is followed by a

discussion of the amendments and actions undertaken in direct response to the federal actions involved

in this proceeding. This first series of discussions is organized by federal subject matter, generally

appearing in chronological order of the significant

Federal Register

notices involved. Finally, this

discussion closes with a description of the amendments and actions that are not directly derived from the

federal actions.

General Revisions and Deviations from the Federal Text

In incorporating the federal rules into the Illinois system, some minimal deviation from the federal

text is unavoidable. This deviation arises primarily through differences between the federal and state

regulatory structure and systems. Some deviation also arises through errors in and problems with the

federal text itself. The Board conforms the federal text to the Illinois rules and regulatory scheme and

corrects errors that we see in the text as we engage in these routine update rulemakings.

In addition to the amendments derived from federal amendments, the Board often finds it

necessary to alter the text of various passages of the existing rules as provisions are opened for update

in response to USEPA actions. This involves correcting deficiencies, clarifying provisions, and making

other changes that are necessary to establish a clear set of rules that closely parallel the corresponding

federal requirements within the codification scheme of the Illinois Administrative Code.

The Board updates the citations to the

Code of Federal Regulations

to the most recent version

available. As of the date of this opinion, the most recent version of the

Code of Federal Regulations

available to the Board is the July 1, 1998 version. Thus, we have updated all citations to the 1998

version, adding references to later amendments using their appropriate

Federal Register

citation, where

necessary.

The Board substituted “or” for “/” in most instances where this appeared in the federal base

text, using “and” where more appropriate. The Board further used this opportunity to make a number

of corrections to punctuation, grammar, spelling, and cross-reference format throughout the opened

text. We changed “who” to “that” and “he” or “she” to “it,” where the person to which the regulation

referred was not necessarily a natural person, or to “he or she,” where a natural person was evident;

changed “which” to “that” for restrictive relative clauses; substituted “shall” for “will;” capitalized the

section headings and corrected their format where necessary; and corrected punctuation within

sentences.

In addition, the federal rules have been edited to establish a uniform usage throughout the

Board’s regulations. For example, with respect to “shall,” “will,” and “may,” “shall” is used when the

subject of a sentence has a duty to do something. “Must” is used when someone has to do something,

but that someone is not the subject of the sentence. “Will” is used when the Board obliges itself to do

something. “May” is used when choice of a provision is optional. “Or” is used rather than “and/or,”

and denotes “one or both.” “Either . . . or” denotes “one but not both.” “And” denotes “both.”

JCAR has requested that the Board refer to the USEPA in the same manner throughout all of

our bodies of regulations—

i.e.

, air, water, drinking water, RCRA Subtitle D (municipal solid waste

landfill), RCRA Subtitle C (hazardous waste), underground injection control (UIC), etc. The Board has

decided to refer to the USEPA as “USEPA.” We will continue this conversion in future rulemakings as

additional sections otherwise become open to amendment. We will further convert “EPA” used in

federal text to “USEPA,” where USEPA is clearly intended.

The Board has assembled tables to aid location of those alterations and to briefly outline their

intended purpose. The tables set forth the miscellaneous deviations from the federal text and

corrections to the pre-amended base text of the rules in detail. The tables are set forth and explained

beginning at page 10. There is no further discussion of most of the deviations and revisions elsewhere in

this opinion.

One alteration of the base regulatory text and one to the verbatim text of the federal

amendments warrant specific discussions. The alteration of the base text was the addition of “USDOT”

as a defined term, in order to avoid the use of explanatory parentheticals at multiple locations in the text.

The new definition of “USDOT” appears at Section 724.981, with the rest of the definitions pertaining

to the “Subpart CC” rules. The Board has replaced “U.S. Department of Transportation (USDOT)”

with the abbreviation “USDOT” at Sections 724.986(c)(1)(A), (d)(1)(A), and (f) and

725.987(c)(1)(A), (d)(1)(A), and (f). The discussion of the alteration of the federal text is set forth in

the topical discussion of the “Subpart CC” rule amendments that immediately follows.

Discussion of Particular Federal Actions

Subpart CC Corrections—Section 722.134 and Subparts CC to Parts 724 and 725

USEPA adopted amendments, corrections, and clarifications to its Subpart CC rules on

January 21, 1999 (64 Fed. Reg. 3382). The rules at 40 C.F.R. 264, Subpart CC and 265, Subpart

CC set forth requirements for the control of organic material emissions for tanks, containers, and surface

impoundments that contain hazardous waste. USEPA initially adopted the Subpart CC rules on

December 6, 1994 (59 Fed. Reg. 62896). USEPA subsequently delayed the effective date four times

to further consider the Subpart CC rules and corrections and clarifications to them: on May 19, 1995

(60 Fed. Reg. 26828); November 13, 1995 (60 Fed. Reg. 56952); June 5, 1996 (61 Fed. Reg.

28508); and November 25, 1996 (61 Fed. Reg. 59931). Ultimate compliance with the Subpart CC

rules was delayed by these actions until December 6, 1996. During that time, USEPA published

corrections and amendments to the Subpart CC rules on February 9, 1996 (61 Fed. Reg. 4903);

November 25, 1996 (61 Fed. Reg. 59932); and December 8, 1997 (62 Fed. Reg. 64636). In these

Subpart CC actions, USEPA also corrected , Subparts AA and BB of 40 C.F.R. 264. Subparts AA

and BB regulate organic material emissions from process vents and equipment leaks. As in those earlier

actions, this January 21, 1999 action also involves corrections to rules other than the Subpart CC rules

of 40 C.F.R. 264 and 265; specifically, it involves amendments to 40 C.F.R. 262.34 and 264, Subpart

AA.

The Board has incorporated the federal amendments into Section 722.134 and the appropriate

segments of Subparts AA and CC of Part 724 and Subpart CC of Part 725. We have done so with

only minor deviations from the text of the federal amendments. Persons interested in the substance of

the underlying federal action should refer to the notice that appeared in the January 21, 1999 issue of

the

Federal Register

. The tables that begin on page 8 of this opinion outline the minor deviations that

the Board has made in adapting the text of the federal amendments.

Two deviations from the literal text of the federal amendments warrant specific discussion.

First, the Board has altered “either or” from 40 C.F.R. 264.1084(h)(3) and 265.1085(h)(3) to read

“either of” in corresponding Sections 724.984(h)(3) and 725.985(h)(3). Second, the Board has

deleted the “as specified in paragraph (h)(3)(i) or (h)(3)(ii) of this section” language from these same

two parallel federal provisions. As a substitution for this language, the Board has added the word “two”

in between the words “following” and “conditions.” The Board believes the revised language is more

straightforward.

Also worth noting is that the IEPA addressed the amendment of the Section 724.931 definition

of “open-ended valve or line” to replace the phrase “process fluid” with “hazardous waste.” The IEPA

expressed a concern that this alteration of the regulatory text makes it ambiguous whether the definition

would apply to valves handling reclaimed liquid from a recycling unit. The IEPA requested that the

Board not change the definition or, alternatively, that we clarify whether the definition should apply to

reclaimed product.

The Board cannot alter the language of the proposed amendments to the definition of “open-

ended valve or line.” The proposed language reflects the language dictated by USEPA. Examination of

USEPA’s preamble discussion of its amendments to the definition indicate that it altered the definition

because “the subpart BB rules only apply to equipment (

e.g.

, and open-ended valve or line) that

contains or contacts hazardous waste . . . .” Thus, USEPA intended that the Subpart BB rules and the

definition of “open-ended valve or line” apply only to equipment used to manage “hazardous waste.”

The Board cannot alter the federal language or clarify the rules in any way that would change the

meaning intended by USEPA.

Phase IV LDR Corrections and Clarifications—Section 722.134

On May 11, 1999 (64 Fed. Reg. 25408), USEPA adopted corrective and clarifying

amendments to five of its Phase IV LDR rulemaking actions, including those of May 12, 1997 (62 Fed.

Reg. 25998); May 26, 1998 (63 Fed. Reg. 28556); August 31, 1998 (63 Fed. Reg. 46332);

September 4, 1998 (63 Fed. Reg. 47409); and September 24, 1998 (63 Fed. Reg. 51254). The

Board adopted most, but not all, of the May 11, 1999 federal amendments in the prior RCRA Subtitle

C update docket RCRA Update, USEPA Regulations (July 1, 1998, through December 31, 1998)

(June 17, 1999), R99-15. The Board adopted all of the federal amendments except those to 40

C.F.R. 262. Corresponding 35 Ill. Adm. Code 722 was not included in the proposal for public

comment, so the Board could not amend that Part.

The Board completes the May 11, 1999 federal amendments in this docket, R00-5, by making

the necessary amendments to Section 722.134(d). The amendments are limited to the correction of

cross-references. The Board has incorporated the federal amendments without deviation from the

federal text. Persons interested in the details of the federal amendments should consult the May 11,

1999

Federal Register

notice. Those interested in the major segments of the federal amendments

incorporated into the Illinois hazardous waste rules in the prior update docket should refer to the opinion

and order in RCRA Update, USEPA Regulations (July 1, 1998, through December 31, 1998)

(June 17, 1999), R99-15.

The Board requested public comment on our completion of the May 11, 1999 federal

amendments to the Phase IV LDR rules. The IEPA commented on one narrow aspect of the federal

Phase IV LDR amendments in response to our request. Regrettably, the Board cannot alter the text of

the rules in response to the IEPA comment.

The IEPA did not question the text of Section 722.134. Instead it noted a couple of deviations

in the text of the definition of “soil” in Section 728.102 from the corresponding federal definition of 40

C.F.R. 268.2(c). The IEPA suggested that the Board change the definition to exactly reflect the federal

text.

The Board agrees with the IEPA that in the Section 728.102 definition of “soil” we should

change “debris” to “soil” and “hazardous debris” to “contaminated soil” in the final sentence, as

amended by USEPA on May 11, 1999, at 64 Fed. Reg. 25414. However, the Board did not propose

to amend Part 728 in our October 8, 1999 Notice of Proposed Amendments. Since Part 728 is not

open in this proceeding, we cannot proceed to make the changes in Section 728.102 at this time. We

will complete the IEPA-suggested revisions in the next routine update docket.

Incorporation of 40 C.F.R. 136 by Reference—Section 720.111

USEPA adopted multiple amendments to 40 C.F.R. 136, which are the Clean Water Act

analytical procedures, on February 2, 1999 (64 Fed. Reg. 4975); May 14, 1999 (64 Fed. Reg.

26315); and June 8, 1999 (64 Fed. Reg. 30417). The methods affected relate to whole effluent

toxicity testing, oil and grease testing, and the measurement of mercury in water. The Board has

incorporated 40 C.F.R. 136 by reference in Section 720.111 of the hazardous waste rules. Only one

set of the testing methods amendments purports to affect the hazardous waste system; that is the

May 14, 1999 oil and grease testing methods amendment. Persons interested in the details of the

federal amendments should refer to the appropriate

Federal Register

notice cited above.

The Board has incorporated the federal amendments without deviation. We have updated the

version of 40 C.F.R. 136 incorporated by reference by adding the three cited

Federal Register

notices

to the incorporation. The Board has included all three notices without regard to whether the individual

methods updated or added by USEPA are actually used to achieve or demonstrate compliance under

the RCRA Subtitle C regulatory scheme.

The Board requested public comment on the update to the version of 40 C.F.R. 136

incorporated by reference for the purposes of the Illinois RCRA Subtitle C hazardous waste regulatory

program. We received no comments on this aspect of the proposed amendments in response to our

request, and have adopted the amendments as proposed.

Discussion of Miscellaneous Other Amendments not Federally Driven

The tables beginning below list numerous corrections and amendments that are not based on

current federal amendments. The first table (beginning immediately below) includes deviations made in

the September 23, 1999 proposal for public comment from the verbatim text of the federal

amendments. The second table (beginning below on page 12 of this opinion) contains corrections and

clarifications that the Board made in the base text involved in this proposal. The amendments listed in

this second table are not directly derived from the current federal amendments. Some of the entries in

these tables are discussed further in appropriate segments of the general discussion beginning at page

five of this opinion.

The third table (beginning below on page 14 of this opinion) contains changes made, based on

public comments received, to the text of the September 23, 1999 proposal for public comment. The

third table indicates the affected provision of the rules, the source of the revision, and the nature of the

revision. The fourth table (beginning below on page 14 of this opinion) contains those suggested

changes that the Board has not made to the text. The fourth table indicates the affected provision, the

source and nature of the suggestion for change, and the reasons the Board chose not to make the

change.

Table 1:

Deviations from the Text of the Federal Amendments

Illinois Section

40 C.F.R. Section

Revision(s)

724.931 “sampling

connection”

264.1031

Used parentheses on defined term; changed

“used” to “that is used” (twice)

724.983(a)(1)(A)

264.1083(a)(1)(i)

Changed to active voice, using “an owner or

operator shall make . . .” (twice); broke run-on

sentence into two sentences; added a comma

after “thereafter”; changed ending punctuation to

a period; removed ending conjunction “and”

724.983(a)(1)(B)

264.1083(a)(1)(ii)

Completed sentence, adding “an owner or

operator shall”

724.983(b)(1)(A)

264.1083(b)(1)(i)

Changed to active voice, using “an owner or

operator shall make . . .” (twice); broke run-on

sentence into two sentences; added a comma

after “thereafter”; changed ending punctuation to

a period; removed ending conjunction “and”

724.983(b)(1)(B)

264.1083(b)(1)(ii)

Completed sentence, adding “an owner or

operator shall”; changed “a level such that” to

“such a level that”

724.984(h)(3)

264.1084(h)(3)

Changed “either or the following conditions as

specified . . . of this section” to “either of the

following two conditions”; changed ending

punctuation to a colon

724.984(h)(3)(A)

264.1084(h)(3)(i)

Completed sentence by adding “the tank does

not . . . system”; added the definite article “the”

before “opening”

724.984(h)(3)(B)

264.1084(h)(3)(ii)

Completed sentence by adding “the tank does

not . . . system”; added the definite article “the”

before “purging”

724.986(e)(6)

264.1086(e)(6)

Added the definite article “the” before

“transfer”; changed “in” to “into”; changed

“shall” to “must”; used “USEPA”; added “the

use of” (three times); added indefinite article “a”

before “submerged”

725.984(a)(1)(A)

265.1084(a)(1)(i)

Changed to active voice, using “an owner or

operator shall make . . .” (twice); broke run-on

sentence into two sentences; added a comma

after “thereafter”; changed ending punctuation to

a period; removed ending conjunction “and”

725.984(a)(1)(B)

265.1084(a)(1)(ii)

Completed sentence, adding “an owner or

operator shall”

725.984(a)(3)(B)(ii)

265.1084(a)(3)(ii)(B)

Changed “shall” to “must”

725.984(a)(3)(B)(iv)

265.1084(a)(3)(ii)(D)

Changed “shall” to “must”

725.984(a)(3)(C)

265.1084(a)(3)(iii)

Changed “which” to “that” for restrictive relative

clause; used “25° C” in place of “25 degrees

Centigrade”

725.984(b)(1)(A)

265.1084(b)(1)(i)

Changed to active voice, using “an owner or

operator shall make . . .” (twice); broke run-on

sentence into two sentences; added a comma

after “thereafter”; changed ending punctuation to

a period, removed ending conjunction “and”

725.984(b)(1)(B)

265.1084(b)(1)(ii)

Completed sentence, adding “an owner or

operator shall”; changed “a level such that” to

“such a level that”

725.984(b)(3)(B)(ii)

265.1084(b)(3)(ii)(B)

Changed “shall” to “must”

725.984(b)(3)(B)(iv)

265.1084(b)(3)(ii)(D)

Changed “shall” to “must”

725.984(b)(3)(C)

265.1084(b)(3)(iii)

Changed “which” to “that” for restrictive relative

clause; used “25° C” in place of “25 degrees

Centigrade”

725.985(h)(3)

265.1085(h)(3)

Changed “either or the following conditions as

specified . . . of this section” to “either of the

following two conditions”; changed ending

punctuation to a colon

725.985(h)(3)(A)

265.1085(h)(3)(i)

Completed sentence by adding “the tank does

not . . . system”; added the definite article “the”

before “opening”

725.985(h)(3)(B)

265.1085(h)(3)(ii)

Completed sentence by adding “the tank does

not . . . system”; added the definite article “the”

before “purging”

725.987(e)(6)

265.1087(e)(6)

Added the definite article “the” before

“transfer”; changed “in” to “into”; changed

“shall” to “must”; used “USEPA”; added “the

use of” (three times); added indefinite article “a”

before “submerged”

Table 2:

Board Amendments Not Federally-Derived

Section

Revision(s)

720. authority note

Added references to Sections 7.2 and 13 of the Act

720.111(a)

Deleted the reference to 35 Ill. Adm. Code 731, since that Part has its own

Section listing incorporations by reference

720.111(a) NTIS “Test

Methods . . .”

Deleted commas from reference version dates (five times)

720.111(a) U.S. DOD

“The Signature . . .”

Corrected spelling of “tally”

722. authority note

Added a reference to Section 7.2 of the Act

722.134(a)

Added “the following conditions are fulfilled”

722.134(a)(1)

Added “in or on one of the following”

722.134(a)(1)(A)

Added comma to offset a parenthetical; removed ending conjunction “or”

722.134(a)(1)(B)

Added comma to offset a parenthetical; removed ending conjunction “or”

722.134(a)(1)(C)

Added comma to offset a parenthetical

722.134(a)(1)(D)

Added comma to offset a parenthetical

722.134(c)(1)

Added “does the following”

722.134(c)(1)(A)

Added comma to offset the last element of a series; changed ending

punctuation to a semicolon

722.134(d)

Added “the following conditions are fulfilled”

722.134(f)

Added comma to offset a parenthetical

724. authority note

Added a reference to Section 7.2 of the Act

724.931

Changed “the Subpart” to “this Subpart”

724.931 “air stripping

operation”

Changed “is” to “means”

724.931 “equipment”

Removed unnecessary conjunction “or” from between intermediate members

of a series

724.931 “open-ended

valve or line”

Added indefinite article “a” before “pressure”; changed to singular “valve”;

changed “having” to “that has”

724.931 “USDOT”

Added defined term

724.931 “vented”

Added commas before “such as” to offset parentheticals (five times)

724.980(b)(5)

Added comma to offset the last element of a series

724.980(c)

Changed “shall” to “must”; changed “such” to “the”

724.983(a)(2)

Changed “shall” to “must”

724.983(b)(2)

Changed “shall” to “must”

724.984(b)(1)(C)

Changed to active voice, using “the owner or operator does not treat . . .”

724.984(c)(2)(B)

Changed “a manner such that” to “such a manner that”

724.984(c)(2)(C)(i)

Changed “such that” to “so that”

724.984(c)(3)(B)

Changed “which” to “that” for restrictive relative clause; changed “such that”

to “so that”

724.984(f)(1)(C)(viii)

Changed “which” to “that” for restrictive relative clause

724.984(g)(1)(B)

Changed “such that” to “so that”

724.984(h)(3)

Changed “closed system” to defined term “closed-vent system”; added

comma before “except” to offset a parenthetical

724.984(i)

Changed “must” to “shall”

724.986(c)(1)(A)

Changed “U.S. Department of Transportation (USDOT)” to “USDOT”

724.986(c)(1)(C)

Changed “such that” to “so that”

724.986(c)(3)(D)

Changed “which” to “that” for restrictive relative clause; changed “such that”

to “so that”

724.986(c)(5)

Deleted comma before “which” to clarify that what follows is a restrictive

relative clause

724.986(d)(1)(A)

Changed “U.S. Department of Transportation (USDOT)” to “USDOT”

724.986(d)(3)(D)

Changed “which” to “that” for restrictive relative clause; changed “such that”

to “so that”

724.986(f)

Changed “U.S. Department of Transportation (USDOT)” to “USDOT”

725. authority note

Added a reference to Section 7.2 of the Act

725.984(a)(3)(B)

Changed “a manner such that” to “such a manner that”

725.984(a)(3)(B)(iii)

Changed “such that” to “so that”

725.984(a)(4)(C)

Changed “which” to “that” for restrictive relative clause

725.984(b)(3)(B)

Changed “a manner such that” to “such a manner that”

725.984(b)(3)(B)(iii)

Changed “such that” to “so that”

725.984(b)(3)(C)

Changed “shall” to “must”

725.984(b)(3)(E)

Changed “shall” to “must”

725.984(c)(3)(A)

Changed “such that” to “so that”

725.985(c)(2)(B)

Changed “a manner such that” to “such a manner that”

725.985(c)(2)(C)(i)

Changed “such that” to “so that”

725.985(c)(3)(B)

Changed “which” to “that” for restrictive relative clause; changed “such that”

to “so that”

725.985(f)(1)(B)(i)

Added parenthetical English units “(24 inches)”

725.985(f)(1)(C)(viii)

Changed “which” to “that” for restrictive relative clause

725.985(g)(1)(B)

Changed “such that” to “so that”

725.985(h)(1)

Changed “shall” to “must”

725.985(h)(3)

Changed “closed system” to defined term “closed-vent system”; added

comma before “except” to offset a parenthetical

725.985(k)(1)

Changed “shall” to “must”

725.987(c)(1)(A)

Changed “U.S. Department of Transportation (USDOT)” to “USDOT”

725.987(c)(1)(C)

Changed “such that” to “so that”

725.987(c)(3)(D)

Changed “which” to “that” for restrictive relative clause; changed “such that”

to “so that”

725.987(d)(1)(A)

Changed “U.S. Department of Transportation (USDOT)” to “USDOT”

725.987(d)(3)

Added comma before “except” to offset a parenthetical

725.987(d)(3)(D)

Changed “which” to “that” for restrictive relative clause; changed “such that”

to “so that”

725.987(f)

Changed “U.S. Department of Transportation (USDOT)” to “USDOT”

725.987(h)

Added definite article “the”; added “is as follows”; changed ending

punctuation to a colon

Table 3:

Revisions to the Text of the Proposed Amendments in Final Adoption

Section Revised

Source(s) of

Revision(s)

720.111 “NTIS, Method 164”

JCAR

Added closing quotation mark after “gravimetry”;

corrected spelling of “document”

720.111 “NTIS, Method 164”

JCAR

Deleted comma from “August 1993”

722.134(f)

Board

Added comma before “unless” to offset a

parenthetical

724 source note

Board

Added “effective” to correct the reference to R95-20

724.983(b)(1)(B)

Board

Corrected the cross-reference format to “Subsection

724.982(c)(2)” by removing a space

724.986(e)(6)

JCAR

Corrected cross-reference from “this subsection” to

“this subsection (e)(6)”

725.987(e)(6)

JCAR

Corrected cross-reference from “this subsection” to

“this subsection (e)(6)”

Table 4:

Requested Revisions to the Text of the Proposed Amendments Not Made in Final

Adoption

Section Affected

Source(s) of Request:

Requested Revision(s)

Explanation

720. authority note

JCAR: failed to add Sections

7.2 and 13 of the Act to the

note

The Board has decided to add references

to Sections 7.2 and 13 of the Act, since

the scope of our identical-in-substance

authority is in part defined by Section 7.2,

and many segments of Part 720 derived

from the federal underground injection

control regulations under Section 13

722. authority note

JCAR: failed to add Section

7.2 of the Act to the note

The Board has decided to add a

reference to Section 7.2 of the Act, since

the scope of our identical-in-substance

authority is in part defined by Section 7.2

725. authority note

JCAR: failed to add Section

7.2 of the Act to the note

The Board has decided to add a

reference to Section 7.2 of the Act, since

the scope of our identical-in-substance

authority is in part defined by Section 7.2

725.984(a)(3)(C)

JCAR: remove comma after

“adjustment factor (f

m25D

)”

Comma already overstruck for deletion in

the original proposal

HISTORY OF RCRA SUBTITLE C AND UIC ADOPTION

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY OR BOARD ACTION

EDITORIAL CONVENTIONS

The Board appends the following three discussions to this opinion. The first is a summary

history of the Illinois RCRA Subtitle C and UIC programs. It lists all Board actions taken to adopt and

maintain these programs since their inception. It includes a listing of all site-specific rulemaking and

adjusted standards proceedings filed that relate to these programs. It also lists all USEPA program

authorizations issued to date. The second is a discussion of how the Board codifies requirements that

call for state determinations, such as exemptions or exceptions. The third discussion relates to our use

of language in the codification of identical-in-substance rules. We intend these as reference aids for

interested persons in the regulated community.

History of RCRA Subtitle C and State Hazardous Waste Rules Adoption

The Board has adopted and amended the Resource Conservation and Recovery Act (RCRA)

Subtitle C hazardous waste rules in several dockets. The dockets captioned Proposed Regulations for

“RCRA” (Chapter 7 and Chapter 9) (September 16, 1981, and February 4, 1982), R81-22, and

Amendments to Phase I, RCRA Rules (January 13, 1983), R82-18, dealt with the Phase I RCRA

Subtitle C regulations. The Board adopted RCRA Subtitle C Phase II regulations in Parts 703 and 724

in dockets Phase II, RCRA Rules (July 26, 1983), R82-19, and Technical Correction to Phase II

RCRA Rules (December 15, 1983), R83-24. USEPA reviewed and authorized the Illinois Phase I and

Phase II regulations. The entire listing of all RCRA Subtitle C identical-in-substance rulemakings

follows. A listing of federal authorizations of the Illinois program to date, as noticed in the

Federal

Register

, appears at the end of this historical summary of the Illinois hazardous waste program.

R81-22

Proposed Regulations for “RCRA” (Chapter 7 and Chapter 9) (September 16,

1981, and February 4, 1982), R81-22; published at 6 Ill. Reg. 4828 (April 23,

1982), effective May 17, 1982. (Federal rules and amendments adopted by

USEPA during the period May 18, 1980, through October 1, 1981.)

R82-18

Amendments to Phase I, RCRA Rules (January 13, 1983), R82-18; published

at 7 Ill. Reg. 2518 (March 4, 1983), effective May 17, 1982. (Federal rules

and amendments adopted by USEPA during the period November 11, 1981,

through June 24, 1982.)

R82-19

Phase II, RCRA Rules (July 26, 1983), R82-19; published at 7 Ill. Reg. 13999

(October 28, 1983), effective October 2, 1983. (Federal rules and

amendments adopted by USEPA during the period November 23, 1981,

through October 29, 1982.)

R83-24

Technical Correction to Phase II RCRA Rules (December 15, 1983), R83-24;

published at 8 Ill. Reg. 200 (January 6, 1984), effective December 27, 1983.

(Corrections to the docket R82-19 rules.)

R84-9

RCRA and UIC Update (June 13 and 27, 1985), R84-9; published at 9 Ill.

Reg. 11964 (August 2, 1985), effective July 8 and 24, 1985. (Federal rules

and amendments adopted by USEPA during the period January 19, 1983,

through April 24, 1984.)

R85-22

RCRA Update (April 24, 1984, through June 30, 1985) (December 20, 1985

and January 9, 1986), R85-22; published at 10 Ill. Reg. 968 (January 17,

1986), effective January 2, 1986.

R86-1

RCRA Update, USEPA Regulations (July 1, 1985, through December 31,

1985) (July 11, 1986), R86-1; published at 10 Ill. Reg. 13998 (August 22,

1986), effective August 12, 1986.

R86-19

RCRA Update (February 1, 1986, through March 31, 1986) (October 23,

1986), R86-19; published at 10 Ill. Reg. 20630 (December 12, 1986),

effective December 2, 1986.

R86-28

RCRA Update (April 1, 1986, through June 30, 1986) (February 5, 1987;

amended March 5, 1987; corrected April 16, 1987), R86-28; published at 11

Ill. Reg. 6017 (April 3, 1987), effective March 23, 1987; correction published

at 11 Ill. Reg. 8684 (May 1, 1987), effective April 21, 1987.

R86-46

RCRA Update (July 1, 1986, through September 30, 1986) (July 16, 1987),

R86-46; published at 11 Ill. Reg. 13435 (August 14, 1987), effective August 4,

1987.

R87-5

RCRA Update (October 1, 1986, through December 31, 1986) (October 15,

1987), R87-5; published at 11 Ill. Reg. 19280 (November 30, 1987), effective

November 10 and 12, 1987.

R87-26

RCRA Update (January 1, 1987, through June 30, 1987) (December 3, 1987),

R87-26; published at 12 Ill. Reg. 2450 (January 29, 1988), effective

January 15, 1988.

On September 6, 1984, the Third District Appellate Court upheld the Board's actions in adopting

R82-19 and R83-24. Commonwealth Edison Co. v. PCB, 127 Ill. App. 3d 446; 468 N.E.2d 1339

(3d Dist. 1984).

R87-32

Correction to R86-1 (September 4, 1987), R87-32; published at 11 Ill. Reg.

16698 (October 16, 1987), effective September 30, 1987.

R87-39

RCRA Update, USEPA Regulations (July 1, 1987, through December 31,

1987) (June 16, 1988), R87-39; published at 12 Ill. Reg. 12999 (August 12,

1988), effective July 29, 1988.

R88-16

RCRA Update, USEPA Regulations (January 1, 1988, through July 31, 1988)

(November 17, 1988), R88-16; published at 13 Ill. Reg. 447 (January 13,

1989), effective December 28, 1988.

R89-1

RCRA Update, USEPA Regulations (August 1, 1988, through December 31,

1988) (September 13, 1989), R89-1; published at 13 Ill. Reg. 18278

(November 27, 1989), effective November 13, 1989.

R89-9

RCRA Update, USEPA Regulations (January 1, 1989, through June 30, 1989)

(March 8, 1990), R89-9; published at 14 Ill. Reg. 6225 (April 27, 1990),

effective April 16, 1990.

R90-2

RCRA Update, USEPA Regulations (July 1, 1989, through December 31,

1989) (July 3, 1990), R90-2; published at 14 Ill. Reg. 14401 (September 7,

1990), effective August 22, 1990.

R90-11

RCRA Update, USEPA Regulations (April 1, 1990, through June 30, 1990)

(April 11, 1991; corrected May 23, 1991; corrected August 8, 1991;

uncorrected August 22, 1991), R90-11; published at 15 Ill. Reg. 9323

(June 28, 1991), effective June 17, 1991.

R90-17

RCRA Delistings (See below.)

R91-1

RCRA Update, USEPA Regulations (July 1, 1990, through December 31,

1990) (August 8, 1991), R91-1; published at 15 Ill. Reg. 14446 (October 11,

1991), effective September 30, 1991. (Wood Preserving Rules.)

R91-13

RCRA Update, USEPA Regulations (January 1, 1991, through June 30, 1991)

(April 9, 1992), R91-13; published at 16 Ill. Reg. 9489 (June 19, 1992),

effective June 9, 1992. (Boilers and Industrial Furnace (BIF) Rules.)

R91-26

RCRA Wood Preserving compliance Dates (Identical in Substance Rules)

(January 9, 1992), R91-26; published at 16 Ill. Reg. 2600 (February 14,

1992), effective February 3, 1992. (Wood Preserving Rules Compliance

Dates.)

R92-1

RCRA Update, USEPA Regulations (July 1, 1991, through December 31,

1991) (September 17, 1992), R92-1; published at 16 Ill. Reg. 17636

(November 20, 1992), effective November 6, 1992.

R92-10

RCRA Update, USEPA Regulations (January 1, 1992, through June 30, 1992)

(January 21, 1993), R92-10; published at 17 Ill. Reg. 5625 (April 9, 1993),

effective March 26, 1993. (Leak Detection System (LDS) Rules.)

R93-4

RCRA Update, USEPA Regulations (July 1, 1992, through December 31,

1992) (September 23, 1993), R93-4; published at 17 Ill. Reg. 20545

(December 3, 1993), effective November 22, 1993. (Used Oil Rules.)

R93-16

RCRA Update, USEPA Regulations (January 1, 1993, through June 30, 1993)

(March 17, 1994, supplemental opinion and order on April 21, 1994), R93-16;

published at 18 Ill. Reg. 6720 (May 6, 1994), effective April 26, 1994.

R94-7

RCRA Subtitle C Update, USEPA Regulations (July 1, 1993, through

December 31, 1993) (June 23, 1994), R94-7; published at 18 Ill. Reg. 12160

(August 12, 1994), effective July 29, 1994.

R94-17

RCRA Subtitle C Update, USEPA Regulations (January 1, 1994, through

June 30, 1994) (October 20, 1994), R94-17; published at 18 Ill. Reg. 17480

(December 9, 1994), effective November 23, 1994.

R95-6

RCRA Subtitle C Update, USEPA Regulations (July 1, 1994, through

December 31, 1994, January 3, 1995 and May 19, 1995) (Consolidated with

R95-4) (June 1 and 15, 1995), R95-6; published at 19 Ill. Reg. 9501 (July 14,

1995), effective June 27, 1995.

R95-20

RCRA Subtitle C Update, USEPA Regulations (January 1, 1995, through

June 30, 1995; July 7, 1995; September 29, 1995; November 13, 1995;

June 6, 1996) (June 20, 1996), R95-20; published at 20 Ill. Reg. 10929

(August 16, 1996), effective August 1, 1996.

R96-10

RCRA Subtitle C Update, USEPA Regulations (July 1, 1995, through

December 31, 1995) (Consolidated with R97-3 and R97-5) (November 6,

1997), R96-10; published at 22 Ill. Reg. 256 (January 2, 1998), effective

December 16, 1997.

R97-5

RCRA Subtitle C Update, USEPA Regulations (January 1, 1996, through

June 30, 1996) (Consolidated with R96-10 and R97-3) (November 6, 1997),

R97-5; published at 22 Ill. Reg. 256 (January 2, 1998), effective December 16,

1997.

R97-21

RCRA Subtitle C (HW) Update, USEPA Regulations (July 1, 1996, through

December 31, 1996) (Consolidated with R98-3 and R98-5) (August 20,

1998), R97-21; published at 22 Ill. Reg. 17930 (October 9, 1998), effective

September 28, 1998.

R98-5

RCRA Subtitle C Update, USEPA Regulations (January 1, 1997, through

June 30, 1997) (Consolidated with R97-21 and R98-3) (August 20, 1998),

R98-5; published at 22 Ill. Reg. 17930 (October 9, 1998), effective

September 28, 1998.

R98-21

RCRA Subtitle C Update, USEPA Regulations (July 1, 1997, through

December 31, 1997) (Consolidated with R99-2 and R99-7) (December 17,

1998), R98-21; published at 23 Ill. Reg. 1695 (February 5, 1999), effective

January 19, 1999.

R99-2

RCRA Subtitle C Update, USEPA Regulations (January 1, 1998, through

June 30, 1998) (Consolidated with R98-21 and R99-7) (December 17, 1998),

R99-2; published at 23 Ill. Reg. 1695 (February 5, 1999), effective January 19,

1999.

R99-15

RCRA Subtitle C Update, USEPA Regulations (July 1, 1998, through

December 31, 1998) (June 17, 1999), R99-15; published at 23 Ill. Reg. 9094

(August 13, 1999), effective July 26, 1999.

R00-5

RCRA Subtitle C Update, USEPA Regulations (January 1, 1999, through

June 30, 1999) (this Docket.)

The Board added to the federal listings of hazardous waste by listing dioxins pursuant to Section

22.4(d) of the Act:

R84-34

Hazardous Waste Listings and Test Methods for Identification of

Tetrachlorodibenzo-p-Dioxins (November 21, 1984), R84-34; published at 8

Ill. Reg. 24562 (December 21, 1984), effective December 11, 1984.

This was repealed by R85-22, which included adoption of USEPA’s dioxin listings. Section

22.4(d) was repealed by P.A. 85-1048, effective January 1, 1989.

The Board has adopted USEPA delistings at the request of Amoco Oil Company, Envirite

Corporation, USX Corporation, and Conversion Systems, Inc. (CSI):

R85-2

Petition of Amoco Oil Company Amendment to 35 Ill. Adm. Code Part 721,

Appendix I (April 24, 1986), R85-2; published at 10 Ill. Reg. 8112 (May 16,

1986), effective May 2, 1986.

R87-30

Petition for Rulemaking to Adopt Regulations Identical in Substance to federal

RCRA Requirements filed by the Envirite Corporation (June 30, 1988), R87-

30; published at 12 Ill. Reg. 12070 (July 22, 1988), effective July 12, 1988.

R91-12

Delisting Petition for USX Corporation (Identical in Substance Rule)

(December 19, 1991), R91-12; published at 16 Ill. Reg. 2155 (February 7,

1992), effective January 27, 1992.

R95-20

RCRA Subtitle C, USEPA Regulations (January 1, 1995, through June 30,

1995, July 7, 1995, September 29, 1995, November 13, 1995, and June 6,

1996) (June 20, 1996), R95-20; published at 20 Ill. Reg. 10929 (August 16,

1996), effective August 1, 1996.

On April 30, 1990, USEPA authorized Illinois to grant waste delistings. Upon this

authorization, USEPA transferred pending delisting petitions to the Board. The Board docketed these

as site-specific rulemaking proceedings:

R90-18

USX Corporation, Southworks Delisting (Site-Specific) (June 6, 1991), R90-

18. (Dismissed.)

R90-19

Woodward Governor Company Delisting (Site-Specific) (November 8, 1990),

R90-19. (Dismissed.)

R90-23

General Motors Corporation Site-Specific Exception to 35 Ill. Adm. Code

216.381 for Ferrous Foundries in Vermilion County (July 11, 1991), R90-23.

(Dismissed.)

The Board has modified the delisting procedures to allow the use of adjusted standards in lieu of

site-specific rulemakings:

R90-17

RCRA Delistings (February 28, 1991), R90-17; published at 15 Ill. Reg. 7934

(May 24, 1991), effective May 9, 1991.

Waste generators have filed Part 106 adjusted standard petitions for solid waste determinations

with the Board pursuant to Section 720.130:

AS 89-4

In re

Safety-Kleen Corporation, Petition for an Adjusted Standard

(November 15, 1989), AS 89-4. (Dismissed.)

AS 89-5

In re

Safety-Kleen Corporation, Petition for an Adjusted Standard (July 3,

1990), AS 89-5. (Dismissed.)

AS 90-7

In re

Petition of Quantum Chemical Company, USI Division, for an Adjusted

Standard (July 11, 1991), AS 90-7. (Dismissed.)

AS 96-11

In re

Petition of Chemetco, Inc. for an Adjusted Standard (August 1, 1996),

AS 96-11. (Dismissed.)

AS 97-2

In re

Petition of Chemetco, Inc. for an Adjusted Standard (March 19, 1998),

AS 97-2. (Denied.)

AS 97-9

In re

Petition of Recycle Technologies, Inc. for an Adjusted Standard

(September 3, 1998), AS 97-9. (Granted.)

AS 99-3

In re

Petition of Big River Zinc Corporation for an Adjusted Standard

(April 15, 1999), AS 99-3. (Granted.)

AS 00-1

In re

Petition of Horsehead Resource Development Company, Inc. for an

Adjusted Standard (August 5, 1999), AS 00-1. (Dismissed.)

AS 00-2

In re

Petition of Horsehead Resource Development Company, Inc. for an

Adjusted Standard, AS 00-2. (Presently pending.)

Waste generators have filed Part 106 adjusted standard petitions for hazardous waste delistings

with the Board pursuant to Section 720.122:

AS 91-1

In re

Petition of Keystone Steel & Wire Co. for Hazardous Waste

Delisting

(February 6, 1992), AS 91-1. (Granted.)

AS 91-3

In re

Petition of Peoria Disposal Company for an Adjusted Standard

(February 4, 1993), AS 91-3. (Granted.)

AS 93-7

In re

Petition of Keystone Steel & Wire Company for an Adjusted Standard

(February 17, 1994), AS 93-7. (Granted.)

AS 94-10

In re

Petition of Envirite Corporation for an Adjusted Standard (December 14,

1994), AS 94-10. (Granted.)

The Board has procedures to be followed in cases before it involving the RCRA Subtitle C

regulations:

R84-10

RCRA and UIC Procedural Rules (December 20, 1984, and January 10,

1985), R84-10; published at 9 Ill. Reg. 1383 (February 1, 1985), effective

January 16, 1985.

The Board also adopted special procedures to be followed in certain determinations under Part

106. The Board adopted these Part 106 special procedures in RCRA Update (April 24, 1984,

through June 30, 1985) (December 20, 1985, and January 9, 1986), R85-22 and amended them in

RCRA Update (July 1, 1986, through September 30, 1986) (July 16, 1987), R86-46, listed above.

One Part 106 adjusted standard proceeding filed pursuant to 728.106 sought relief from a

prohibition against land disposal:

AS 90-6

In re

Petition of Marathon Petroleum Company for an Adjusted Standard to

Allow Land Disposal of a Waste Prohibited (September 17, 1992), AS 90-6.

(Dismissed.)

Other adjusted standard proceedings sought relief from aspects of the land disposal unit closure

and post-closure care requirements:

AS 90-8

In re

Petition of Olin Corporation for an Adjusted Standard (Related to

Closure and Post Closure of RCRA Regulated Surface Impoundments)

(February 27, 1992), AS 90-8. (Granted.)

AS 91-4

In re

Petition of Amoco Oil Company for an Adjusted Standard (March 11,

1992), AS 91-4. (Granted.)

One adjusted standard proceeding sought relief from a RCRA Subtitle C land disposal

restriction:

AS 90-6

In re

Petition of Marathon Petroleum Company for an Adjusted Standard to

Allow Land Disposal of a Waste Prohibited (September 17, 1992), AS 90-6.

(Dismissed.)

Still another adjusted standard proceeding relates to substantive treatment, storage, and

disposal facility requirements of the RCRA Subtitle C regulations:

AS 91-10

In re

Petition of Cabot Corporation for an Adjusted Standard (May 19, 1994),

AS 91-10. (Dismissed; secondary containment for tanks.)

One adjusted standard proceeding related to the requirements applicable to the contents of the

application for a facility permit under the RCRA Subtitle C regulations:

AS 97-11

In re

Petition of Ensign-Bickford Company for an Adjusted Standard (June 19,

1997), AS 97-11. (Denied; topographic facility map requirement.)

A final adjusted standard filed under 35 Ill. Adm. Code 725.213(e) allowed the continued

operation of a lagoon that had formerly received hazardous waste but which did not comply with the

liner and leachate collection system requirements of 35 Ill. Adm. Code 725.321:

AS 97-3

In re

Shell Wood River Refining Company for an Adjusted Standard (May 15,

1997), AS 97-3. (Granted.)

AS 98-6

In re

Wood River Refining Co., a Division of Equilon Enterprises LLC, f/k/a

Shell Wood River Refining Co., for an Adjusted Standard (March 18, 1999),

AS 98-6. (Granted.)

In another regulatory proceeding, the Board has considered granting temporary relief from the

termination of a hazardous waste listing in the form of an emergency rule:

R91-11

Certain Hazardous Wastes from Primary Zinc Smelting and Refining, 35 Ill.

Adm. Code 721.104(b)(7)(U) (August 8, 1991), R91-11. (Filed by Big River

Zinc Corp.)

The Board has also adopted requirements limiting and restricting the landfilling of liquid

hazardous wastes, hazardous wastes containing halogenated compounds, and hazardous wastes

generally:

R81-25

Proposal for Adoption of Sanitary landfill Regulation, Rule 310: Special

Wastes; Prohibition of Landfilling of Halogenated Solvents filed by Citizens for

a Better Environment (October 25, 1984), R81-25; published at 8 Ill. Reg.

24124 (December 14, 1984), effective December 4, 1984.

R83-28

Definition of Liquid Hazardous Waste (February 26, 1986), R83-28; published

at 10 Ill. Reg. 4875 (March 21, 1986), effective March 7, 1986.

R86-9

Hazardous Waste Prohibitions (Emergency Rule) (October 23, 1986), R86-9;

published at 10 Ill. Reg. 19787 (November 21, 1986), effective November 5,

1986.

The Board’s action in adopting emergency regulations in R86-9 was reversed by the First

District Court of Appeals. Citizens for a Better Environment v. PCB, 152 Ill. App. 3d 105, 504

N.E.2d 166 (1st Dist. 1987).

Public Act 90-502, effective August 19, 1997, amended Section 22.23a of the Act to require

the Board to designate high intensity discharge lamps and fluorescent lamps as a category of universal

waste based on a proposal to be filed by the Illinois Environmental Protection Agency (IEPA). The

Board adopted such amendments to the Illinois hazardous waste rules on April 2, 1998, effective

April 15, 1998. Amendments of 35 Ill. Adm. Code 703, 720, 721, 724, 725, 728, and 733

(Standards For Universal Waste Management) (April 2, 1998), R98-12.

USEPA periodically reviews the Illinois hazardous waste program. As a result of these reviews,

USEPA has granted Illinois a number of authorizations. The

Federal Register

citations for the

authorizations are listed as follows:

47 Fed. Reg. 21043 (May 17, 1982) (Phase I authorization)

51 Fed. Reg. 3778 (January 30, 1986) (Phase II authorization), effective January 31, 1986

53 Fed. Reg. 126 (January 5, 1988) (partial HSWA authorization), effective March 5, 1988

54 Fed. Reg. 37649 (September 12, 1989) (approvals codified as 40 C.F.R. 272.700 and

272.701), effective November 13, 1989

55 Fed. Reg. 7320 (March 1, 1990), effective April 30, 1990

56 Fed. Reg. 13595 (April 3, 1991), effective June 3, 1991

57 Fed. Reg. 3731 (January 31, 1992), effective March 31, 1992

59 Fed. Reg. 30525 (June 14, 1994), effective August 14, 1994

61 Fed. Reg. 10684 (March 15, 1996), effective May 14, 1996

61 Fed, Reg. 40520 (August 5, 1996), effective October 4, 1996

History of UIC Rules Adoption

The Board has adopted and amended Underground Injection Control (UIC) regulations in

several dockets to correspond with the federal regulations. One such docket, Amendments to Phase I,

RCRA Rules (January 13, 1983), R82-18, was a RCRA Subtitle C docket. The entire listing of all

UIC rulemakings follows:

R81-32

Underground Injection Control Regulations, Waste Disposal (May 13, 1982),

R81-32; published at 6 Ill. Reg. 12479 (October 15, 1982), effective

February 1, 1984.

R82-18

Amendments to Phase I, RCRA Rules (January 13, 1983), R82-18; published

at 7 Ill. Reg. 2518 (March 4, 1983), effective May 17, 1982.

R83-39

Amendment of 35 Ill. Adm. Code 704.122, Underground Injection Control

(December 15, 1983), R83-39; published at 7 Ill. Reg. 17338 (December 20,

1983), effective December 19, 1983. (Amendments adopted by USEPA on

April 1, 1983.)

R85-23

UIC Update, USEPA Regulations (through June 30, 1985) (June 20 and

July 11, 1986), R85-23; published at 10 Ill. Reg. 13274 (August 8, 1986),

effective July 28 and 29, 1986.

R86-27

UIC Update (July 1, 1986, through December 31, 1986) (April 16, 1987),

R86-27. (Dismissed; no USEPA amendments in the update period.)

R87-29

UIC Update, USEPA Regulations (January 1, 1987, through June 30, 1987)

(January 21, 1988), R87-29; published at 12 Ill. Reg. 6673 (April 8, 1988),

effective March 28, 1988.

R88-2

UIC Update, USEPA Regulations (July 1, 1987, through December 31, 1987)

(June 30, 1988), R88-2; published at 12 Ill. Reg. 13700 (August 26, 1988),

effective August 16, 1988.

R88-17

UIC Update, USEPA Regulations (January 1, 1988, through June 30, 1988)

(December 15, 1988), R88-17; published at 13 Ill. Reg. 478 (January 13,

1989), effective December 30, 1988.

R89-2

UIC Update, USEPA Regulations (July 1, 1988, through December 31, 1988,

(January 25, 1990), R89-2; published at 14 Ill. Reg. 3059 (March 2, 1990),

effective February 20, 1990.

R89-11

UIC Update, USEPA Regulations (January 1, 1989, through June 30, 1989)

(May 24, 1990), R89-11; published at 14 Ill. Reg. 11948 (July 20, 1990),

effective July 9, 1990.

R90-5

UIC Update, USEPA Regulations (July 1, 1989, through December 31, 1989)

(March 22, 1990), R90-5. (Dismissed; no USEPA amendments in the update

period.)

R90-14

UIC Update, USEPA Regulations (January 1, 1990, through June 30, 1990)

(May 23, 1991), R90-14; published at 15 Ill. Reg. 11425 (August 9, 1991),

effective July 24, 1991.

R91-4

UIC Update, USEPA Regulations (July 1, 1990, through December 31, 1990)

(February 28, 1991), R91-4. (Dismissed; no USEPA amendments in the

update period.)

R91-16

UIC Update, USEPA Regulations (January 1, 1991, through June 30, 1991)

(December 6, 1991), R91-16. (Dismissed; no USEPA amendments in the

update period.)

R92-4

UIC Update, USEPA Regulations (July 1, 1990, through December 31, 1990)

(April 9, 1992), R92-4. (Dismissed; no USEPA amendments in the update

period.)

R92-13

UIC Update, USEPA Regulations (January 1, 1992, through June 30, 1992)

(February 4, 1993), R92-13; published at 17 Ill. Reg. 6190 (April 16, 199),

effective April 5, 1993.

R93-6

UIC Update, USEPA Regulations (July 1, 1992, through December 31, 1992)

(August 5, 1993), R93-6; published at 17 Ill. Reg. 15641 (September 24,

1993), effective September 14, 1993.

R93-17

UIC Update, USEPA Regulations (January 1, 1993, through June 30, 1993)

(September 23, 1993), R93-17. (Dismissed; no USEPA amendments in the

update period.)

R94-5

UIC Update, USEPA Regulations (July 1, 1993, through December 31, 1993)

(November 3, 1994), R94-5; published at 18 Ill. Reg. 18244 (December 23,

1994), effective December 20, 1994.

R94-24

UIC Update, USEPA Regulations (January 1, 1994, through June 30, 1994)

(October 6, 1994), R94-24. (Dismissed; the Board included the USEPA

amendments that occurred in the update period in RCRA Subtitle C Update,

USEPA Regulations (January 1, 1994, through June 30, 1994) (October 20,

1994), R94-17.

R95-4

UIC Update, USEPA Regulations (July 1, 1994, through December 31, 1994)

(Consolidated with R95-6) (June 1 and 15, 1995), R95-4; published at 19 Ill.

Reg. 9501 (July 14, 1995), effective June 27, 1995.

R95-18

UIC Update, USEPA Regulations (January 1, 1995, through June 30, 1995)

(October 5, 1995), R95-18. (Dismissed; no USEPA amendments in the

update period.)

R96-8

UIC Update, USEPA Regulations (July 1, 1995, through December 31, 1995)

(February 15, 1996, R96-8). (Dismissed; no USEPA amendments in the

update period.)

R97-3

UIC Update, USEPA Regulations (January 1, 1996, through June 30, 1996)

(Consolidated with R96-10 and R97-5) (November 6, 1997), R97-3;

published at 22 Ill. Reg. 256 (January 2, 1998), effective December 16, 1997.

R97-19

UIC Update, USEPA Regulations (July 1, 1996, through December 31, 1996)

(May 1, 1997), R97-19. (Dismissed; no USEPA amendments in the update

period.)

R98-3

UIC Update, USEPA Regulations (January 1, 1997, through June 30, 1997)

(Consolidated R97-21 and R98-5) (August 20, 1998), R98-3; published at 22

Ill. Reg. 17930 (October 9, 1998), effective September 18, 1998.

R98-19

UIC Update, USEPA Regulations (July 1, 1997, through December 31, 1997)

(February 19, 1998), R98-19. (Dismissed; no USEPA amendments in the

update period.)

R99-7

UIC Update, USEPA Regulations (January 1, 1998, through June 3, 1998)

(Consolidated with R98-21 and R99-2) (December 17, 1998), R99-7;

published at 23 Ill. Reg. 1695 (February 5, 1999), effective January 19, 1999.

R99-13

UIC Update, USEPA Regulations (July 1, 1998, through December 31, 1998)

(February 18, 1999), R99-13. (Dismissed; no USEPA amendments in the

update period.)

R00-3

UIC Update, USEPA Regulations (January 1, 1999, through June 3, 1999)

(August 19, 1999), R00-3. (Dismissed; no USEPA amendments in the update

period.)

The Board has twice considered an adjusted standard from a UIC land disposal restriction,

pursuant to the procedures outlined above with respect to the RCRA Subtitle C program:

AS 92-8

In re

Petition of Cabot Corporation for Adjusted Standard (February 17,

1994), AS 92-8. (Granted; no migration exception.)

AS 96-3

In re

Petition of Cabot Corporation for Adjusted Standard (March 7, 1996),

AS 92-8. (Granted modification of

In re

Petition of Cabot Corporation for

Adjusted Standard (February 17, 1994), AS 92-8. (No migration exception.))

USEPA authorized the Illinois UIC program on March 3, 1984, at 49 Fed. Reg. 3991

(February 1, 1984); codified that approval as 40 C.F.R. 147, Subpart O, at 49 Fed. Reg. 20197

(May 11, 1984); and amended the authorization at 53 Fed. Reg. 43087 (October 25, 1988) and 56

Fed. Reg. 9414 (March 6, 1991).

Illinois Environmental Protection IEPA or Board Action

Section 7.2(a)(5) of the Act requires the Board to specify for which portions of the program

USEPA will retain decision making authority. Based on the general division of functions within the Act

and other Illinois statutes, the Board is also to specify which State agency is to make decisions.

In situations in which the Board has determined that USEPA will retain decision-making

authority, the Board has replaced “Regional Administrator” with USEPA, so as to avoid specifying

which office within USEPA is to make a decision.

In some identical-in-substance rules, certain decisions pertaining to a permit application are not

appropriate for the IEPA to consider. In determining the general division of authority between the IEPA

and the Board, the following factors should be considered:

Whether the person making the decision is applying a Board regulation, or taking action

contrary to (“waiving”) a Board regulation. It generally takes some form of Board

action to “waive” a Board regulation.

Whether there is a clear standard for action such that the Board can give meaningful

review to an IEPA decision.

Whether the action would result in exemption from the permit requirement itself. If so,

Board action is generally required.

Whether the decision amounts to “determining, defining or implementing environmental

control standards” within the meaning of Section 5(b) of the Act. If so, it must be made

by the Board.

There are four common classes of Board decisions: variance, adjusted standard, site-specific

rulemaking, and enforcement. The first three are methods by which a regulation can be temporarily

postponed (variance) or adjusted to meet specific situations (adjusted standard or site-specific

rulemaking). There often are differences in the nomenclature for these decisions between the USEPA

and Board regulations.

IT IS SO ORDERED.

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

above opinion was adopted on the 2nd day of December 1999 by a vote of 6-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

ILLINOIS POLLUTION CONTROL BOARD

December 2, 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)

Adopted Rule. Final Order.

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 today adopts 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 order is supported by an opinion that the Board also adopts today. The Board will wait 30

days for USEPA to review the amendments, as provided in the agreement between USEPA and the

State of Illinois relating to federal authorization of the State program, in order to allow USEPA an

additional opportunity to review the amendments before they become effective. We will then file the

amendments with the Secretary of State and submit Notices of Adopted Amendments for publication in

the

Illinois Register

. The complete text of the adopted amendments follows.

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 2nd day of December 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 Information

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 certain 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 Concrete 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 Management 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.”

Document 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 later 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.Subparts I, AA, BB, and CC; or

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

725.Subparts 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 is 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 requirements 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 the 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 attempt 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

hazardous 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 Requirements

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 Records

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 Program

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

F027

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, effective 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

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 hazardous 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;

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 with

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 float 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 lid

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 floating 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 conform 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

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 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 efforts 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

monitor 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 design 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 standards.

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 standards.

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

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)