FIRST DRAFT (5/6/98 by MJM)

SUMMARY OF TODAY’S ACTION

ILLINOIS POLLUTION CONTROL BOARD

December 16, 2004

IN THE MATTER OF:

)

RCRA SUBTITLE C UPDATE, USEPA

)

R05-2

AMENDMENTS (January 1, 2004 through

)

(Identical-in-Substance

June 30, 2004 and October 25, 2004)

)

Rulemaking - Land)

Proposed Rule. Proposal for Public Comment.

ORDER OF THE BOARD (by G.T. Girard):

SUMMARY OF TODAY’S ACTION

This identical-in-substance rulemaking would update the Illinois hazardous waste

regulations to incorporate revisions to the federal regulations. The federal amendments that

prompted this action were made by the United States Environmental Protection Agency

(USEPA) during the period of January 1, 2004 through June 30, 2004 and October 25, 2004.

This proceeding proposes amendments to 35 Ill. Adm. Code 720, 722, 724, and 725. This

proposal for public comment would also make a series of non-substantive corrections and

stylistic revisions to segments of the text of 35 Ill. Adm. Code 722 and 725 that are not otherwise

affected by the covered federal amendments.

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

22.4(a) (2002)) require the Board to adopt regulations that are “identical in substance” to

hazardous waste regulations adopted by the USEPA. These USEPA rules implement Subtitle C

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

§§ 6921

et seq

. (2000)).

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 (2000)). 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 (2002)) 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

cause the proposed amendments to be published in the

Illinois Register

and will hold the docket

open to receive public comments for 45 days after the date of publication.

IT IS SO ORDERED.

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 AND REFERENCES

SUBPART C: RULEMAKING PETITIONS AND OTHER PROCEDURES

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 at 5 Ill. Reg. 9781, effective May 17, 1982; amended and

codified in R81-22 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 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, effective 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. 1063, effective January 6, 2000; amended in

R00-13 at 24 Ill. Reg. 9443, effective June 20, 2000; amended in R01-3 at 25 Ill. Reg. 1266,

effective January 11, 2001; amended in R01-21/R01-23 at 25 Ill. Reg. 9168, effective July 9,

2001; amended in R02-1/R02-12/R02-17 at 26 Ill. Reg. 6550, effective April 22, 2002; amended

in R03-7 at 27 Ill. Reg. 3712, effective February 14, 2003; amended in R03-18 at 27 Ill. Reg.

12713, effective July 17, 2003; amended in R05-2 at 29 Ill. Reg. ________, effective

______________________.

SUBPART B: DEFINITIONS AND REFERENCES

Section 720.111

References

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

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

Non-Regulatory Government Publications and Publications of Recognized

Organizations and Associations:

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.

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, 100

Barr Harbor Drive, West Conshohocken, PA 19428-2959, 610-832-9585:

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 140–70, Standard Practice for Sampling Bituminous

Materials, approved 1970.

ASTM D 346–75, Standard Practice for Collection and Preparation

of Coke Samples for Laboratory Analysis, approved 1975.

ASTM D 420–69, Guide to Site Characterization for Engineering,

Design, and Construction Purposes, approved 1969.

ASTM D 1452–65, Standard Practice for Soil Investigation and

Sampling by Auger Borings, approved 1965.

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 2234–76, Standard Practice for Collection of a Gross

Sample of Coal, approved 1976.

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. 20402,202-512-1800:

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, 703-605-6000 or 800-553-6847:

APTI Course 415: Control of Gaseous Emissions, PB80-208895,

December 1981.

“Generic Quality Assurance Project Plan for Land Disposal

Restrictions Program,” EPA/530-SW-87-011, March 15, 1987

(document number PB88-170766).

“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 PB84-128677).

“Methods Manual for Compliance with BIF Regulations,”

December 1990 (document number PB91-120-006).

“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), 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

(www.oecd.org), also OECD Washington Center, 2001 L Street,

NW Suite 650, Washington, DC 20036-4922, 202-785-6323 or 800-456-

6323 (www.oecdwash.org):

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

Decision C(92)39/FINAL (March 30, 1992), “Decision of the

Council Concerning the Control of Transfrontier Movements of

Wastes Destined for Recovery Operations.”

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

Decision C(92)39/FINAL (March 30, 1992), “Decision of the

Council Concerning the Control of Transfrontier Movements of

Wastes Destined for Recovery Operations.”

OECD Guideline for Testing of Chemicals,

“Ready

Biodegradability,” Method 301B: (July 17, 1992), “CO

Evolution

(Modified Sturm Test)

,.” adopted 17 July 1992.

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

Decision C(92)39/FINAL (March 30, 1992), “Decision of the

Council Concerning the Control of Transfrontier Movements of

Wastes Destined for Recovery Operations.”

Table 2.B of the Annex of OECD Council Decision

C(88)90(Final)

of 27 May 1988 (May 27, 1988), amended by

C(94)152(Final) (July 28, 1994), “Decision of the Council on

Transfrontier Movements of Hazardous Wastes”.

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).

USDOD. Available from the United States Department of Defense:

“DOD Ammunition and Explosives Safety Standards” (DOD

6055.9-STD), as in effect in July 1999.

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 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:

“Samplers and Sampling Procedures for Hazardous Waste

Streams,” EPA 600/2–80–018, January 1980.

“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 Docket Information Center, 401 M

Street, SW, Washington, D.C. 20460 (phone: 202-566-0270) (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).

USEPA Region 6. Available from United States Environmental

Protection Agency, Region 6, Multimedia Permitting and Planning

Division, 1445 Ross Avenue, Dallas, TX 75202 (phone: 214-665-7430):

“EPA RCRA Delisting Program--Guidance Manual for the

Petitioner,” March 23, 2000.

USGSA. 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 20.2006

(2002) (2004)

10 CFR 20, Appendix B

(2002) (2004)

10 CFR 71 (2002) (2004)

40 CFR 51.100(ii)

(2002) (2004)

40 CFR 51, Appendix W

(2002) (2004)

40 CFR 52.741, Appendix B

(2002), as amended at 67 Fed. Reg. 77687 (December 19,

2002) (2004)

40 CFR 136

(2002), as amended at 67 Fed. Reg. 65220 (October 23, 2002)

and 67 Fed. Reg. 65876 (October 29, 2002) (2004)

40 CFR 262.53 through 262.57 and Appendix (2004)

40 CFR 264

(2002) (2004)

40 CFR 265, Appendices I, and III through V (2004)

40 CFR 268, Appendix IX

302.5, and 302.6 (2002) (2004)

40 CFR 423, appendix A

49 CFR 172 (2002) (2003)

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 January 2, 2001.

Section 1412 of the Department of Defense Authorization Act of 1986,

Pub. L. 99-145, 50 USC 1521(j)(1)

(1997), as amended through January

23, 2000.

This Section incorporates no later editions or amendments.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

SUBPART C: RULEMAKING PETITIONS AND OTHER PROCEDURES

Section 720.122

Waste Delisting

Any person seeking to exclude a waste from a particular generating facility from

the lists in Subpart D of 35 Ill. Adm. Code 721 may file a petition, as specified in

subsection (n) of this Section. The Board will grant the petition if the following

occur:

The petitioner demonstrates that the waste produced by a particular

generating facility does not meet any of the criteria under which the waste

was listed as a hazardous or acute hazardous waste; and

If the Board determines that there is a reasonable basis to believe that

factors (including additional constituents) other than those for which the

waste was listed could cause the waste to be a hazardous waste, that such

factors do not warrant retaining the waste as a hazardous waste. A Board

determination under the preceding sentence must be made by reliance on,

and in a manner consistent with, “EPA RCRA Delisting Program--

Guidance Manual for the Petitioner,” incorporated by reference in Section

720.111(a)

. A waste that is so excluded, however, still may be a

hazardous waste by operation of Subpart C of 35 Ill. Adm. Code 721.

Listed wastes and mixtures. A person may also petition the Board to exclude

from 35 Ill. Adm. Code 721.103(a)(2)(B) or (a)(2)(C), a waste that is described in

these Sections and is either a waste listed in Subpart D of 35 Ill. Adm. Code 721,

or is derived from a waste listed in that Subpart. This exclusion may only be

granted for a particular generating, storage, treatment, or disposal facility. The

petitioner must make the same demonstration as required by subsection (a) of this

Section. Where the waste is a mixture of a solid waste and one or more listed

hazardous wastes or is derived from one or more listed hazardous wastes, the

demonstration must be made with respect to the waste mixture as a whole;

analyses must be conducted for not only those constituents for which the listed

waste contained in the mixture was listed as hazardous, but also for factors

(including additional constituents) that could cause the waste mixture to be a

hazardous waste. A waste that is so excluded may still be a hazardous waste by

operation of Subpart C of 35 Ill. Adm. Code 721.

Ignitable, corrosive, reactive and toxicity characteristic wastes. If the waste is

listed in codes “I,” “C,” “R

,” or “E” in Subpart D of 35 Ill. Adm. Code 721:

The petitioner must demonstrate that the waste does not exhibit the

relevant characteristic for which the waste was listed, as defined in 35 Ill.

Adm. Code 721.121, 721.122, 721.123, or 721.124, using any applicable

methods prescribed in those Sections. The petitioner must also show that

the waste does not exhibit any of the other characteristics, defined in those

Sections, using any applicable methods prescribed in those Sections;

Based on a complete petition, the Board will determine, if it has a

reasonable basis to believe that factors (including additional constituents)

other than those for which the waste was listed could cause the waste to be

hazardous waste, that such factors do not warrant retaining the waste as a

hazardous waste. A Board determination under the preceding sentence

must be made by reliance on, and in a manner consistent with, “EPA

RCRA Delisting Program--Guidance Manual for the Petitioner,”

incorporated by reference in Section 720.111(a)

. A waste that is so

excluded, however, may still be a hazardous waste by operation of Subpart

C of 35 Ill. Adm. Code 721.

Toxic waste. If the waste is listed in code “T” in Subpart D of 35 Ill. Adm. Code

721:

The petitioner must demonstrate that the waste fulfills the following

criteria:

It does not contain the constituent or constituents (as defined in

Appendix G of 35 Ill. Adm. Code 721) that caused USEPA to list

the waste, using the appropriate test methods prescribed in “Test

Methods for Evaluating Solid Waste, Physical/Chemical

Methods,” USEPA Publication SW-846, as incorporated by

reference in Section 720.111(a); or

Although containing one or more of the hazardous constituents (as

defined in Appendix G of 35 Ill. Adm. Code 721) that caused

USEPA to list the waste, the waste does not meet the criterion of

35 Ill. Adm. Code 721.111(a)(3) when considering the factors used

in 35 Ill. Adm. Code 721.111(a)(3)(A) through (a)(3)(K) under

which the waste was listed as hazardous; and

Based on a complete petition, the Board will determine, if it has a

reasonable basis to believe that factors (including additional constituents)

other than those for which the waste was listed could cause the waste to be

hazardous waste, that such factors do not warrant retaining the waste as a

hazardous waste.

The petitioner must demonstrate that the waste does not exhibit any of the

characteristics, defined in 35 Ill. Adm. Code 721.121, 721.122, 721.123,

or 721.124, using any applicable methods prescribed in those Sections.

A waste that is so excluded, however, may still be a hazardous waste by

operation of Subpart C of 35 Ill. Adm. Code 721.

Acute hazardous waste. If the waste is listed with the code “H” in Subpart D of

35 Ill. Adm. Code 721:

The petitioner must demonstrate that the waste does not meet the criterion

of 35 Ill. Adm. Code 721.111(a)(2); and

Based on a complete petition, the Board will determine, if it has a

reasonable basis to believe that factors (including additional constituents)

other than those for which the waste was listed could cause the waste to be

hazardous waste, that such factors do not warrant retaining the waste as a

hazardous waste. A Board determination under the preceding sentence

must be made by reliance on, and in a manner consistent with, “EPA

RCRA Delisting Program--Guidance Manual for the Petitioner,”

incorporated by reference in Section 720.111(a)

The petitioner must demonstrate that the waste does not exhibit any of the

characteristics, defined in 35 Ill. Adm. Code 721.121, 721.122, 721.123,

or 721.124, using any applicable methods prescribed in those Sections.

A waste that is so excluded, however, may still be a hazardous waste by

operation of Subpart C of 35 Ill. Adm. Code 721.

This subsection corresponds with 40 CFR 260.22(f), which USEPA has marked

“reserved.” This statement maintains structural consistency with the federal

regulations.

This subsection corresponds with 40 CFR 260.22(g), which USEPA has marked

“reserved.” This statement maintains structural consistency with the federal

regulations.

Demonstration samples must consist of enough representative samples, but in no

case less than four samples, taken over a period of time sufficient to represent the

variability or the uniformity of the waste.

Each petition must include, in addition to the information required by subsection

(n) of this Section:

The name and address of the laboratory facility performing the sampling

or tests of the waste;

The names and qualifications of the persons sampling and testing the

waste;

The dates of sampling and testing;

The location of the generating facility;

A description of the manufacturing processes or other operations and feed

materials producing the waste and an assessment of whether such

processes, operations, or feed materials can or might produce a waste that

is not covered by the demonstration;

A description of the waste and an estimate of the average and maximum

monthly and annual quantities of waste covered by the demonstration;

Pertinent data on and discussion of the factors delineated in the respective

criterion for listing a hazardous waste, where the demonstration is based

on the factors in 35 Ill. Adm. Code 721.111(a)(3);

A description of the methodologies and equipment used to obtain the

representative samples;

A description of the sample handling and preparation techniques,

including techniques used for extraction, containerization, and

preservation of the samples;

10)

A description of the tests performed (including results);

11)

The names and model numbers of the instruments used in performing the

tests; and

12)

The following statement signed by the generator or the generator’s

authorized representative:

I certify under penalty of law that I have personally examined and

am familiar with the information submitted in this demonstration

and all attached documents, and that, based on my inquiry of those

individuals immediately responsible for obtaining the information,

I believe that the submitted information is true, accurate and

complete. I am aware that there are significant penalties for

submitting false information, including the possibility of fine and

imprisonment.

After receiving a petition, the Board may request any additional information that

the Board needs to evaluate the petition.

An exclusion will only apply to the waste generated at the individual facility

covered by the demonstration and will not apply to waste from any other facility.

The Board will exclude only part of the waste for which the demonstration is

submitted if the Board determines that variability of the waste justifies a partial

exclusion.

BOARD NOTE: See “EPA RCRA Delisting Program--Guidance Manual for the

Petitioner,” incorporated by reference in Section 720.111(a)

Delisting of specific wastes from specific sources that have been adopted by

USEPA may be proposed as State regulations that are identical in substance

pursuant to Section 720.120(a).

Delistings that have not been adopted by USEPA may be proposed to the Board

pursuant to a petition for adjusted standard pursuant to

Section 28.1 of the Act

[415 ILCS 5/28.1] and Subpart D of 35 Ill. Adm. Code 104. The justification for

the adjusted standard is as specified in subsections (a) through (g) of this Section,

as applicable to the waste in question. The petition must be clearly labeled as a

RCRA delisting adjusted standard petition.

In accordance with 35 Ill. Adm. Code 101.304, the petitioner must serve

copies of the petition, and any other documents filed with the Board, on

USEPA at the following addresses:

USEPA

Office of Solid Waste and Emergency Response

1200 Pennsylvania Avenue, NW

Washington, D.C. 20460

USEPA, Region 5

77 West Jackson Boulevard

Chicago, IL 60604

The Board will mail copies of all opinions and orders to USEPA at the

above addresses.

In conjunction with the normal updating of the RCRA regulations, the

Board will maintain, in Appendix I of 35 Ill. Adm. Code 721, a listing of

all adjusted standards granted by the Board.

The Agency may determine in a permit or a letter directed to a generator that,

based on 35 Ill. Adm. Code 721, a waste from a particular source is not subject to

these regulations. Such a finding is evidence against the Agency in any

subsequent proceedings but will not be conclusive with reference to other persons

or the Board.

Any petition to delist directed to the Board or request for determination directed

to the Agency must include a showing that the waste will be generated or

managed in Illinois.

The Board will not grant any petition that would render the Illinois RCRA

program less stringent than if the decision were made by USEPA.

Delistings apply only within Illinois. Generators must comply with 35 Ill. Adm.

Code 722 for waste that is hazardous in any state to which it is to be transported.

(Source: Amended at 29 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

Hazardous Waste Determination

722.112

USEPA Identification Numbers

SUBPART B: THE MANIFEST

Acquisition of Manifests

SUBPART C: PRE-TRANSPORT REQUIREMENTS

SUBPART D: RECORDKEEPING AND REPORTING

Special Requirements for Generators of between 100 and 1

,000 kilograms per

month

SUBPART E: EXPORTS OF HAZARDOUS WASTE

Notification of Intent to Export

722.154

Special Manifest Requirements

International Agreements

SUBPART F: IMPORTS OF HAZARDOUS WASTE

Section

722.160

Imports of Hazardous Waste

SUBPART H: TRANSFRONTIER SHIPMENTS OF HAZARDOUS WASTE

FOR RECOVERY WITHIN THE OECD

Notification and Consent

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 at 5 Ill. Reg. 9781, effective May 17, 1982; amended and

codified in R81-22 at 6 Ill. Reg. 4828, effective May 17, 1982; amended in R82-18 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.

1136, effective January 6, 2000; amended in R00-13 at 24 Ill. Reg. 9822, effective June 20,

2000; expedited correction at 25 Ill. Reg. 5105, effective June 20, 2000; amended in R05-2 at 29

Ill. Reg. ________, effective ______________________.

These regulations establish This Part establishes standards for generators of

hazardous waste.

A generator must use 35 Ill. Adm. Code 721.105(c) and (d) must be used to

determine the applicability of provisions of this Part that are dependent on

calculations of the quantity of hazardous waste generated per month.

A generator that treats, stores

, or disposes of a hazardous waste on-site must only

comply only with the following Sections of this Part with respect to that waste:

Section 722.111

, for determining whether or not the generator has a hazardous

waste

,; Section 722.112, for obtaining an USEPA identification number,; Section

722.140(c) and (d)

, for recordkeeping,; Section 722.143, for additional reporting;

and

, if applicable, Section 722.170, for farmers, if applicable.

Any person that exports or imports hazardous waste

that is subject to the

hazardous waste manifesting requirements of this Part or

subject to the universal

waste management standards of 35 Ill. Adm. Code 733

, to or from countries listed

in Section 722.158(a)(1) for recovery

, must comply with Subpart H of this Part.

This subsection corresponds with 40 CFR 262.10(e), a federal provision imposing

the generator standards on a person importing hazardous waste into the United

States. The regulation of international trade is a matter within the exclusive

authority of the federal government. This statement maintains structural

consistency with USEPA rules.Any person that imports hazardous waste into the

United States must comply with the generator standards of this Part.

A farmer that generates waste pesticides

which that are hazardous waste and that

complies with all of the requirements of Section 722.170 is not required to

comply with other standards in this Part

, or 35 Ill. Adm. Code 702, 703, 724, 725,

or 728 with respect to such pesticides.

A person that generates a hazardous waste

, as defined by 35 Ill. Adm. Code 721,

is subject to the compliance requirements and penalties prescribed in Title VIII

and XII of the Environmental Protection Act if

he that person does not comply

with the requirements of this Part.

An owner or operator that initiates a shipment of hazardous waste from a

treatment, storage

, or disposal facility must comply with the generator standards

established in this Part.

A person responding to an explosives or munitions emergency in accordance with

35 Ill. Adm. Code 724.101(g)(8)(A)(iv) or (g)(8)(D) or 35 Ill. Adm. Code

725.101(c)(11)(A)(iv) or (c)(11)(D) and 35 Ill. Adm. Code 703.121(a)(4) or (c) is

not required to comply with the standards of this Part.

BOARD NOTE: The provisions of Section 722.134 are applicable to the on-site accumulation

of hazardous waste by generators. Therefore, the provisions of Section 722.134 only apply to

owners or operators that are shipping hazardous waste which they generated at that facility. A

generator that treats, stores

, or disposes of hazardous waste on-site must comply with the

applicable standards and permit requirements set forth in 35 Ill. Adm. Code 702, 703, 724, 725,

726

, and 728.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 722.111

Hazardous Waste Determination

A person

who that generates a solid waste, as defined in 35 Ill. Adm. Code 721.102, shall must

determine if that waste is a hazardous waste using the following method:

The person should first determine if the waste is excluded from regulation under 35

Ill. Adm. Code 721.104.

The person should then determine if the waste is listed as a hazardous waste in 35

Subpart D of Ill. Adm. Code 721.Subpart D.

(Board Note: BOARD NOTE: Even if a waste is listed as a hazardous waste, the

generator still has an opportunity under 35 Ill. Adm. Code 720.122

and 40 CFR

260.22 (1986) to demonstrate that the waste from the generator’s particular facility

or operation is not a hazardous waste.

For purposes of compliance with 35 Ill. Adm. Code 728, or if the waste is not listed

as a hazardous waste in

Subpart D of 35 Ill. Adm. Code 721.Subpart D, the

generator

shall must then determine whether the waste is identified in Subpart C of

35 Ill. Adm. Code 721.Subpart C by either of the following methods:

Testing the waste according to the methods set forth in

Subpart C of 35 Ill.

Adm. Code 721.Subpart

C, or according to an equivalent method approved

by the Board under 35 Ill. Adm. Code 720.121; or

Applying knowledge of the hazard characteristic of the waste in light of the

materials or processes used.

If the generator determines that the waste is hazardous, the generator

shall must refer

to 35 Ill. Adm. Code 724, 725, 728, and 733 for possible exclusions or restrictions

pertaining to the management of the specific waste.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 722.112

USEPA Identification Numbers

A generator must not treat, store, dispose of, transport

, or offer for transportation,

hazardous waste without having received

an a USEPA identification number from

the Administrator

USEPA.

A generator

who that has not received an a USEPA identification number may obtain

one by applying to the Administrator using

USEPA form 8700-12. Upon receiving

the request

the Administrator USEPA will assign an a USEPA identification

number to the generator.

A generator must not offer

his its hazardous waste to transporters or to treatment,

storage or disposal facilities that have not received an a USEPA identification

number.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

SUBPART B: THE MANIFEST

Section 722.120

General Requirements

A generator

who that transports, hazardous waste or offers hazardous waste for

transportation

, hazardous waste for off-site treatment, storage, or disposal must

prepare a manifest before transporting the waste off-site.

A generator must designate on the manifest one

receiving facility which that is

permitted to handle the waste described on the manifest.

A generator may also designate on the manifest one alternate

receiving facility

which that is permitted to handle his waste in the event an emergency prevents

delivery of the waste to the primary designated facility.

If the transporter is unable to deliver the hazardous waste to the designated

receiving facility or the alternate facility, the generator must either designate

another

receiving facility or instruct the transporter to return the waste.

The requirements of this Subpart

B do not apply to hazardous waste produced by

generators of greater than 100 kg but less than 1

,000 kg in a calendar month

where

the following conditions are fulfilled:

The waste is reclaimed under a contractual agreement

pursuant to which:

that specifies the type of waste and frequency of shipments;

The type of waste and frequency of shipments are specified in the

agreement:

B2)

The vehicle used to transport the waste to the recycling facility and to

deliver regenerated material back to the generator is owned and operated

by the reclaimer of the waste; and

23)

The generator maintains a copy of the reclamation agreement in his files

for a period of at least three years after termination or expiration of the

agreement.

The requirements of this Subpart B and Section 722.132(b) do not apply to the

transport of hazardous wastes on a public or private right-of-way within or along

the border of contiguous property under the control of the same person, even if

such contiguous property is divided by a public or private right-of-way.

Notwithstanding 35 Ill. Adm. Code 723.110(a), the generator or transporter shall

must comply with the requirements for transporters set forth in 35 Ill. Adm. Code

723.130 and 723.131 in the event of a discharge of hazardous waste on a public or

private right-of-way.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 722.121

Acquisition of Manifests

If the State of Illinois is the state to which the shipment is manifested (consignment

designated receiving state), the generator shall must use the manifest supplied by the

Agency.

If the State of Illinois is not the

consignment designated receiving state, the

generator

shall must use the manifest required by the consignment designated

receiving state. If the consignment designated receiving state does not supply and

require the manifest, then the generator

shall must use the manifest supplied by the

Agency.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Sign the manifest certification by hand;

and

Obtain the handwritten signature of the initial transporter and date of

acceptance on the manifest;

and

Retain one copy, in accordance with Section 722.140(a); and

Send one copy of the manifest to the Agency within two working days.

The generator

shall must give the transporter the remaining copies of the manifest.

For shipments of hazardous waste within the United States solely by water (bulk

shipments only), the generator

shall must send three copies of the manifest dated and

signed in accordance with this Section to the owner or operator of the designated

receiving facility, if that facility is in the United States, or to the last water (bulk

shipment) transporter to handle the waste in the United States

, if the waste is

exported by water. Copies of the manifest are not required for each transporter.

For rail shipments of hazardous waste within the United States

which that originate

at the site of generation, the generator

shall must send at least three copies of the

manifest dated and signed in accordance with this Section to

the following persons:

The next non-rail transporter, if any;

The designated

receiving facility, if the waste is transported solely by rail; or

The last rail transporter to handle the waste in the United States

, if the waste

is exported by rail.

BOARD NOTE: See Section 723.120(e) and (f) for special provisions for

rail or water (bulk shipment) transporters.

For shipments of hazardous waste to a designated

receiving facility in an authorized

state

which that has not yet obtained authorization to regulate that particular waste as

hazardous, the generator

shall must assure that the designated receiving facility

agrees to sign and return the manifest to the generator, and that any out-of-state

transporter signs and forwards the manifest to the designated

receiving facility.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

SUBPART C: PRE-TRANSPORT REQUIREMENTS

Section 722.130

Packaging

Before transporting hazardous waste or offering hazardous waste for transportation off-site, a

generator must package the waste in accordance with the applicable

U.S. Department of

Transporation Transportation (USDOT) regulations on packaging under 49 CFR Parts 173, 178, and

179

, incorporated by reference in 35 Ill. Adm. Code 720.111(b).

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 722.131

Labeling

Before transporting or offering hazardous waste for transportation off-site, a generator must label

each package in accordance with the applicable

Department of Transportation USDOT regulations

on hazardous materials under 49 CFR

Part 172, incorporated by reference in 35 Ill. Adm. Code

720.111(b).

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 722.132

Marking

Before transporting or offering hazardous waste for transportation off-site, a

generator must mark each package of hazardous waste in accordance with the

applicable

Department of Transportation USDOT regulations on hazardous

materials under 49 CFR

Part 172, incorporated by reference in 35 Ill. Adm. Code

720.111(b);

Before transporting hazardous waste or offering hazardous waste for transportation

off-site, a generator must mark each container of 416 liters (110 gallons) or less

that

is used in such transportation with the following words and information displayed in

accordance with the requirements of 49 CFR 172.304

, incorporated by reference in

35 Ill. Adm. Code 720.111(b):

HAZARDOUS WASTE -- Federal Law Prohibits Improper Disposal. If

found, contact the nearest police or public safety authority or the U.S.

Environmental Protection Agency.

Generator’s Name and Address _______________________.

Manifest Document Number _________________________.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 722.133

Placarding

Before transporting hazardous waste or offering hazardous waste for transportation off-site, a

generator must placard or offer the initial transporter the appropriate placards according to

Department of Transportation regulations for hazardous materials under

Subpart F of 49 CFR Part

172, Subpart F, incorporated by reference in 35 Ill. Adm. Code 720.111(b).

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 722.134

Accumulation Time

Except as provided in subsection (d), (e), (f), (g), (h), or (i) of this Section, a

generator is exempt from all the requirements in

Subparts G and H of 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

types of units, and the

generator complies with the applicable requirements:

In containers, and the generator complies with

Subparts I, AA, BB,

and CC of 35 Ill. Adm. Code 725.Subparts I, AA, BB, and CC;

In tanks, and the generator complies with

Subparts J, AA, BB, and

CC of 35 Ill. Adm. Code 725.Subparts J, AA, BB, and CC, except

35 Ill. Adm. Code 725.297(c) and 725.300;

On drip pads, and the generator complies with

Subpart W of 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

Subpart

DD of 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 must 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 respect to 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

Board placed 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 owners or operators in

Subparts C and D of 35 Ill. Adm. Code 725.Subparts C and D and with 35

Ill. Adm. Code 725.116 and 728.107(a)(5).

A generator that accumulates hazardous waste for more than 90 days is an

operator of a storage facility

. and Such a generator 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 Sections 35(b), 36(c), and 37(b) of the

Environmental Protection Act

[415 ILCS 5/35(b), 36(c), and 37(b)] 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 The generator complies with 35 Ill. Adm. Code 725.271,

725.272, and 725.273(a); and

Marks The generator 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 1

,000

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 6

,000 kilograms;

The generator complies with the requirements of

Subpart I 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

(a)(3) of this Section,

Subpart C of 35 Ill. Adm. Code 725.Subpart C, and

35 Ill. Adm. Code 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 must 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 must 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 must respond to any

emergencies that arise. The

following are 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; and

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 must 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 report to the National Response center pursuant to subsection

(d)(5)(D)(iii) of this Section must include the following

information:

The name, address, and USEPA identification number

(Section 722.112 of this Part) of the generator;

ii)

The date, time, and type of incident (e.g., spill or fire);

iii)

The quantity and type of hazardous waste involved in the

incident; the extent of injuries, if any; and

iv)

The estimated quantity and disposition of recoverable

materials, if any.

BOARD NOTE: The Board has codified 40 CFR

262.34(d)(5)(iv)(C)(1) through (d)(5)(iv)(C)(5) as subsections

(d)(5)(E)(i) through (d)(5)(E)(iv) because Illinois Administrative

Code codification requirements do not allow the use of a fifth level

of subsection indents.

A generator that generates greater than 100 kilograms but less than 1

,000

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 1

,000

kilograms of hazardous waste in a calendar month and that accumulates

hazardous waste in quantities exceeding 6

,000 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 Sections

35(b), 36(c), and 37(b) of the Environmental Protection Act [415 ILCS 5/35(b),

36(c), and 37(b)].

A generator that generates 1,000 kilograms or greater of hazardous waste per

calendar month which also generates wastewater treatment sludges from

electroplating operations that meet the listing description for the RCRA hazardous

waste code F006, may accumulate F006 waste on-site for more than 90 days, but

not more than 180 days, without a permit or without having interim status

provided that the generator fulfills the following conditions:

The generator has implemented pollution prevention practices that reduce

the amount of any hazardous substances, pollutants, or contaminants

entering F006 or otherwise released to the environment prior to its

recycling;

The F006 waste is legitimately recycled through metals recovery;

No more than 20,000 kilograms of F006 waste is accumulated on-site at

any one time; and

The F006 waste is managed in accordance with the following conditions:

The F006 waste is placed in one of the following containing

devices:

In containers and the generator complies with the

applicable requirements of

Subparts I, AA, BB, and CC of

35 Ill. Adm. Code 725.Subparts I, AA, BB, and CC;

ii)

In tanks and the generator complies with the applicable

requirements of

Subparts J, AA, BB, and CC of 35 Ill.

Adm. Code 725.Subparts

J, AA, BB, and CC, except 35 Ill.

Adm. Code 725.297(c) and 725.300; or

iii)

In containment buildings, and the generator complies with

Subpart DD of 35 Ill. Adm. Code 725.Subpart DD and has

placed its professional engineer 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 operation of the unit. The owner or operator shall

must maintain the records listed in subsection (g)(4)(F) of

this Section at the facility.

In addition, such a generator is exempt from all the requirements in

Subparts G and H of 35 Ill. Adm. Code 725.Subparts G and H,

except for 35 Ill. Adm. Code 725.211 and 725.214.

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 owners or

operators in

Subparts C and D of 35 Ill. Adm. Code 725.Subparts

C and D

, with 35 Ill. Adm. Code 725.116, and with 35 Ill. Adm.

Code 728.107(a)(5).

Required records for a containment building:

A written description of procedures to ensure that the F006

waste remains in the unit for no more than 180 days, a

written description of the waste generation and

management practices for the facility showing that they are

consistent with the 180-day limit, and documentation that

the generator is complying with the procedures; or

ii)

Documentation that the unit is emptied at least once every

180 days.

BOARD NOTE: The Board has codified 40 CFR

262.34(g)(4)(Ai)(iiiC)(

) and (g)(4)(Ai)(iiiC)(

) as subsections

(g)(4)(F)(i) and (g)(4)(F)(ii) because Illinois Administrative Code

codification requirements do not allow the use of a fifth level of

subsection indents.

A generator that generates 1,000 kilograms or greater of hazardous waste per

calendar month

, which also generates wastewater treatment sludges from

electroplating operations that meet the listing description for the RCRA hazardous

waste code F006

, and which must transport this waste or offer this waste for

transportation over a distance of 200 miles or more for off-site metals recovery

may accumulate F006 waste on-site for more than 90 days, but not more than 270

days, without a permit or without having interim status if the generator complies

with the requirements of paragraphs (g)(1) through (g)(4) of this Section.

A generator accumulating F006 in accordance with paragraphs (g) and (h) of this

Section that accumulates F006 waste on-site for more than 180 days (or for more

than 270 days if the generator must transport this waste or offer this waste for

transportation over a distance of 200 miles or more)

, or which accumulates more

than 20,000 kilograms of F006 waste on-site is an operator of a storage facility,

and such a generator is subject to the requirements of 35 Ill. Adm. Code 724 and

725 and the permit requirements of 35 Ill. Adm. Code 702 and 703, unless the

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

period or an exception to the 20,000 kilogram accumulation limit.

On a case-by-case basis, the

Board will Agency must grant a provisional

variance that allows an extension of the accumulation time up to an

additional 30 days pursuant to

Section 37 Section 35(b), 36(c), and 37(b)

of the Act [415 ILCS 5/35(b), 36(c), and 37(b)] on notification that the

Agency has found if it finds that the F006 waste must remain on-site for

longer than 180 days (or 270 days if applicable) due to unforeseen,

temporary, and uncontrollable circumstances.

On a case-by-case basis, the

Board will Agency must grant a provisional

variance

pursuant to Sections 35(b), 36(c), and 37(b) of the Act [415 ILCS

5/35(b), 36(c), and 37(b)] that allows an exception to the 20,000 kilogram

accumulation limit

on notification that if the Agency has found finds that

more than 20,000 kilograms of F006 waste must remain on-site due to

unforeseen, temporary, and uncontrollable circumstances.

A generator

shall must follow the procedure of 35 Ill. Adm. Code 180

(Agency procedural rules) when seeking a provisional variance under

subsection (i)(1) or (i)(2) of this Section.

A member of the federal National Environmental Performance Track program

that generates 1,000 kg or greater of hazardous waste per month (or one kilogram

or more of acute hazardous waste) may accumulate hazardous waste on-site

without a permit or interim status for an extended period of time, provided that

the following conditions are fulfilled:

The generator accumulates the hazardous waste for no more than 180

days, or for no more than 270 days if the generator must transport the

waste (or offer the waste for transport) more than 200 miles from the

generating facility;

The generator first notifies USEPA Region 5 and the Agency in writing of

its intent to begin accumulation of hazardous waste for extended time

periods under the provisions of this Section. Such advance notice must

include the following information:

The name and USEPA ID number of the facility and specification

of when the facility will begin accumulation of hazardous wastes

for extended periods of time in accordance with this Section;

A description of the types of hazardous wastes that will be

accumulated for extended periods of time and the units that will be

used for such extended accumulation;

A statement that the facility has made all changes to its operations;

procedures, including emergency preparedness procedures; and

equipment, including equipment needed for emergency

preparedness, that will be necessary to accommodate extended

time periods for accumulating hazardous wastes; and

If the generator intends to accumulate hazardous wastes on-site for

up to 270 days, a certification that a facility that is permitted (or

operating under interim status) under 35 Ill. Adm. Code 702 and

703, 40 CFR 270, or the corresponding regulations of a sister state

to receive these wastes is not available within 200 miles of the

generating facility;

The waste is managed in the following types of units:

Containers, in accordance with the applicable requirements of

Subparts I AA, BB, and CC of 35 Ill. Adm. Code 725 and 35 Ill.

Adm. Code 724.275;

Tanks, in accordance with the requirements of Subparts J, AA, BB,

and CC of 35 Ill. Adm. Code 725, except for Sections 725.297(c)

and Section 725.300;

Drip pads, in accordance with Subpart W of 35 Ill. Adm. Code

725; or

Containment buildings, in accordance with Subpart DD of 35 Ill.

Adm. Code 725;

The quantity of hazardous waste that is accumulated for extended time

periods at the facility does not exceed 30,000 kg;

The generator maintains the following records at the facility for each unit

used for extended accumulation times:

A written description of procedures to ensure that each waste

volume remains in the unit for no more than 180 days (or 270

days, as applicable), a description of the waste generation and

management practices at the facility showing that they are

consistent with the extended accumulation time limit and

documentation that the procedures are complied with; or

Documentation that the unit is emptied at least once every 180

days (or 270 days, if applicable);

Each container or tank that is used for extended accumulation time periods

is labeled or marked clearly with the words “Hazardous Waste,” and for

each container the date upon which each period of accumulation begins is

clearly marked and visible for inspection;

The generator complies with the requirements for owners and operators in

Subparts C and D of 35 Ill. Adm. Code 725, 35 Ill. Adm. Code 725.116,

and 35 Ill. Adm. Code 728.107(a)(5). In addition, such a generator is

exempt from all the requirements in Subparts G and H of 35 Ill. Adm.

Code 725, except for 35 Ill. Adm. Code 725.211 and 725.214;

The generator has implemented pollution prevention practices that reduce

the amount of any hazardous substances, pollutants, or contaminants

released to the environment prior to its recycling, treatment, or disposal;

and

The generator includes the following information with its federal National

Environmental Performance Track Annual Performance Report, which

must be submitted to the USEPA Region 5 and the Agency:

Information on the total quantity of each hazardous waste

generated at the facility that has been managed in the previous year

according to extended accumulation time periods;

Information for the previous year on the number of off-site

shipments of hazardous wastes generated at the facility, the types

and locations of destination facilities, how the wastes were

managed at the destination facilities (

e.g.

, recycling, treatment,

storage, or disposal), and what changes in on-site or off-site waste

management practices have occurred as a result of extended

accumulation times or other pollution prevention provisions of this

Section;

Information for the previous year on any hazardous waste spills or

accidents occurring at extended accumulation units at the facility,

or during off-site transport of accumulated wastes; and

If the generator intends to accumulate hazardous wastes on-site for

up to 270 days, a certification that a facility that is permitted (or

operating under interim status) under 35 Ill. Adm. Code 702 and

703, 40 CFR 270, or the corresponding regulations of a sister state

to receive these wastes is not available within 200 miles of the

generating facility; and

BOARD NOTE: The National Environmental Performance Track program is

operated exclusively by USEPA. USEPA established the program in 2000 (see

65 Fed. Reg. 41655 (July 6, 2000) and amended it in 2004 (see 69 Fed. Reg.

27922 (May 17, 2004). USEPA confers membership in the program on

application of interested and eligible entities. Information about the program is

available from a website maintained by USEPA:

www.epa.gov/performancetrack.

If the Agency finds that hazardous wastes must remain on-site at a federal

National Environmental Performance Track member facility for longer than the

180 days (or 270 days, if applicable) allowed under subsection (j) of this Section

due to unforeseen, temporary, and uncontrollable circumstances, it must grant an

extension to the extended accumulation time period of up to 30 days on a case-by-

case basis by a provisional variance pursuant to Sections 35(b), 36(c), and 37(b)

of the Act [415 ILCS 5/35(b), 36(c), and 37(b)].

If a generator that is a member of the federal National Environmental

Performance Track program withdraws from the National Environmental

Performance Track program or if USEPA Region 5 terminates a generator’s

membership, the generator must return to compliance with all otherwise

applicable hazardous waste regulations as soon as possible, but no later than six

months after the date of withdrawal or termination.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

SUBPART D: RECORDKEEPING AND REPORTING

Section 722.140

Recordkeeping

A generator must keep a copy of each manifest signed in accordance with Section

722.123(a) for three years or until

he it receives a signed copy from the designated

facility

which that received the waste. This signed copy must be retained as a record

for at least three years from the date the waste was accepted by the initial transporter.

A generator must keep a copy of each Annual Report and Exception Report for a

period of at least three years from the due date of the report (March 1).

A generator must keep records of any test results, waste analyses, or other

determinations made in accordance with Section 722.111 for at least three years from

the date that the waste was last sent to on-site or off-site treatment, storage, or

disposal.

The periods of retention referred to in this section Section are extended automatically

during the course of any unresolved enforcement action regarding the regulated

activity or as requested by the

Director Agency.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 722.141

Annual Reporting

A generator

who that ships any hazardous waste off-site to a treatment, storage or

disposal facility within the United States

shall must prepare and submit a single copy

of an annual report to the Agency by March 1 for the preceding calendar year. The

annual report must be submitted on a form supplied by the Agency, and must cover

generator activities during the previous calendar year, and must include the following

information:

The USEPA identification number, name

, and address of the generator;

The calendar year covered by the report;

The USEPA identification number, name

, and address for each off-site

treatment, storage

, or disposal facility in the United States to which waste

was shipped during the year;

The name and USEPA identification number of each transporter used during

the reporting year for shipments to a treatment, storage

, or disposal facility

within the United States

A description, USEPA hazardous waste number (from

Subpart C or D of 35

Ill. Adm. Code 721.Subpart

C or D), USDOT hazard class and quantity of

each hazardous waste shipped off-site for shipments to a treatment, storage

or disposal facility within the United States. This information must be listed

by USEPA identification number of each off-site facility to which waste was

shipped

A description of the efforts undertaken during the year to reduce the volume

and toxicity of waste generated

A description of the changes in volume and toxicity of waste actually

achieved during the year in comparison to previous years to the extent such

information is available for years prior to 1984

.; and

The certification signed by the generator or the generator’s authorized

representative.

Any generator

who that treats, stores, or disposes of hazardous waste on-site must

submit an annual report covering those wastes in accordance with the provisions of

35 Ill. Adm. Code 702, 703, 724, 725 and 726. Reporting for exports of hazardous

waste is not required on the annual report form. A separate annual report

requirement is set forth at Section 722.156.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 722.142

Exception Reporting

Generators of greater than 1

,000 kilograms of hazardous waste in a calendar month.

A generator of greater than 1

,000 kilograms of hazardous waste in a calendar

month

who that does not receive a copy of the manifest with the handwritten

signature of the owner or operator of the designated facility within 35 days of

the date the waste was accepted by the initial transporter must contact the

transporter or the owner or operator of the designated facility to determine

the status of the hazardous waste.

A generator of greater than 1

,000 kilograms of hazardous waste in a calendar

month must submit an Exception Report to the Agency if the generator has

not received a copy of the manifest with the handwritten signature of the

owner or operator of the designated facility within 45 days of the date the

waste was accepted by the initial transporter. The Exception Report must

include

the following documents:

A legible copy of the manifest for which the generator does not have

a confirmation of delivery;

and

A cover letter signed by the generator or the generator’s authorized

representative explaining the efforts taken to locate the hazardous

waste and the result of those efforts.

A generator of greater than 100 kilograms but less than 1

,000 kilograms of

hazardous waste in a calendar month

who that does not receive a copy of the

manifest with the handwritten signature of the owner or operator of the designated

facility within 60 days of the date the waste was accepted by the initial transporter

must submit a legible copy of the manifest

to the Agency, with some indication that

the generator has not received confirmation of delivery

, to the Agency.

(BOARD NOTE: The submission need be only a handwritten or typed note on the

manifest itself, or on an attached sheet of paper, stating that the returned copy was

not received.)

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 722.143

Additional Reporting

The

Director Agency, as he it deems necessary under Section 4 of the Illinois Environmental

Protection Act

[415 ILCS 5/4], may require generators to furnish additional reports concerning the

quantities and disposition of wastes identified or listed in Part 721.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 722.144

Special Requirements for Generators of between 100 and 1

,000 kilograms

per month

Of the requirements in this Subpart

D, a generator of greater than 100 kilograms but less than 1,000

kilograms of hazardous waste in a calendar month is subject to only the following

requirements:

Section 722.140(a), (c)

, and (d), recordkeeping;

Section 722.142(b), exception reporting; and

Section 722.143, additional reporting.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

SUBPART E: EXPORTS OF HAZARDOUS WASTE

Section 722.150

Applicability

This Subpart

E establishes requirements applicable to exports of hazardous waste. Except to the

extent Section 722.158 provides otherwise, a primary exporter of hazardous waste

shall must

comply with the special requirements of this Subpart E and a transporter transporting hazardous

waste for export

shall must comply with applicable requirements of 35 Ill. Adm. Code 723. Section

722.158 sets forth the requirements of international agreements between the United States and

receiving countries

which that establish different notice, export, and enforcement procedures for the

transportation, treatment

, storage, and disposal of hazardous waste for shipments between the United

States and those countries.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 722.151

Definitions

In addition to the definitions set forth at 35 Ill. Adm. Code 720.110, the following definitions apply

to this Subpart

“Consignee” means the ultimate treatment, storage

, or disposal facility in a receiving

country to which the hazardous waste will be sent.

“Primary Exporter” means any person

who that is required to originate the manifest

for a shipment of hazardous waste in accordance with Subpart B of this Part which

that specifies a treatment, storage, or disposal facility in a receiving country as the

facility to which the hazardous waste will be sent and any intermediary arranging for

the export.

“Receiving country” means a foreign country to which a hazardous waste is sent for

the purpose of treatment, storage

, or disposal (except short-term storage incidental to

transportation).

“Transit country” means any foreign country, other than a receiving country, through

which a hazardous waste is transported.

“USEPA Acknowledgment of Consent” means the cable sent to USEPA from the

United States Embassy in a receiving country that acknowledges the written consent

of the receiving country to accept the hazardous waste and describes the terms and

conditions of the receiving country’s consent to the shipment.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 722.152

General Requirements

Exports of hazardous waste are prohibited except in compliance with the applicable requirements of

this Subpart

E and 35 Ill. Adm. Code 723. Exports of hazardous waste are prohibited unless the

following conditions are fulfilled:

Notification in accordance with Section 722.153 has been provided;

The receiving country has consented to accept the hazardous waste;

A copy of the USEPA Acknowledgment of Consent to the shipment accompanies

the hazardous waste shipment and, unless exported by rail, is attached to the

manifest (or shipping paper for exports by water (bulk shipment))

.; and

The hazardous waste shipment conforms to the terms of the receiving country’s

written consent as reflected in the USEPA Acknowledgment of Consent.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 722.153

Notification of Intent to Export

The Board incorporates by reference 40 CFR 262.53 (1996). This Part

incorporates no future editions or amendments.

ba)

A primary exporter of hazardous waste shall must notify USEPA in accordance

with 40 CFR 262.53

(1996), incorporated by reference in 35 Ill. Adm. Code

720.111(b).

cb)

The primary exporter shall must send the Agency a copy of each notice sent to

USEPA pursuant to subsection (b) of this Section.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 722.154

Special Manifest Requirements

The Board incorporates by reference 40 CFR 262.54 (1986), as amended at 51

Fed. Reg. 28682. This Part incorporates no future editions or amendments.

ba)

A primary exporter shall must comply with the manifest requirements as specified in

40 CFR 262.54

, incorporated by reference in 35 Ill. Adm. Code 720.111(b).

cb)

The primary exporter shall must send a copy of the manifest to the Agency.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 722.155

Exception Report

The Board incorporates by reference 40 CFR 262.55 (1986), as amended at 51

Fed. Reg. 28682. This Part incorporates no future editions or amendments.

ba)

In lieu of the requirements of Section 722.142, a primary exporter shall must file an

exception report with USEPA as provided by 40 CFR 262.55

, incorporated by

reference in 35 Ill. Adm. Code 720.111(b).

cb)

The primary exporter shall must send a copy of the exception report to the Agency.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 722.156

Annual Reports

The Board incorporates by reference 40 CFR 262.56 (1996). This Part

incorporates no future editions or amendments.

ba)

Primary exporters of hazardous waste shall must file with USEPA, no later than

March 1 of each year, a report as specified in 40 CFR 262.56

(1996), incorporated

by reference in 35 Ill. Adm. Code 720.111(b).

cb)

The primary exporter shall must send the Agency a copy of each report sent to

USEPA.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 722.157

Recordkeeping

The Board incorporates by reference 40 CFR 262.57 (1986), as amended at 51

Fed. Reg. 28682. This Part incorporates no future editions or amendments.

For all exports a primary exporter shall must comply with the recordkeeping requirements of

40 CFR 262.57

, incorporated by reference in 35 Ill. Adm. Code 720.111(b).

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 722.158

International Agreements

Any person that exports or imports hazardous waste subject to either the manifest

requirements of this Part or the universal waste management standards of 35 Ill.

Adm. Code 733 which is shipped to or from designated member countries of the

Organization Organisation for Economic Cooperation Co-operation and

Development (OECD), as defined in subsection (a)(1) of this Section, for

purposes of recovery is subject to the requirements of Subpart H of this Part. The

requirements of Subparts E and F of this Part do not apply where Subpart H of

this Part applies.

For the purposes of this Subpart

E, the designated OECD countries are

Australia, Austria, Belgium, Denmark, Finland, France, Germany, Greece,

Iceland, Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand,

Norway, Portugal, Spain, Sweden, Switzerland, Turkey, the United

Kingdom, and the United States.

Only for the purposes of transit under this Subpart

E, Canada and Mexico

are considered OECD member countries.

Any person that exports hazardous waste to or imports hazardous waste from any

designated OECD member country for purposes other than recovery (e.g.,

incineration, disposal), Mexico (for any purpose), or Canada (for any purpose)

remains subject to the requirements of Subparts E and F of this Part.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

SUBPART F: IMPORTS OF HAZARDOUS WASTE

Section 722.160

Imports of Hazardous Waste

Any person

who that imports hazardous waste from a foreign country into the United

States

shall must comply with the requirements of this Part and the special

requirements of this Subpart

When importing hazardous waste, a person

shall must meet all the requirements of

Section 722.120(a) for the manifest, except that the following information items are

substituted:

In place of the generator’s name, address

, and USEPA identification number,

the name and address of the foreign generator and the importer’s name,

address

, and USEPA identification number must be used.

In place of the generator’s signature on the certification statement, the United

States importer or the importer’s agent

shall must sign and date the

certification and obtain the signature of the initial transporter.

A person

who that imports hazardous waste must obtain the manifest form, as

provided in Section 722.121.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

SUBPART G: FARMERS

Section 722.170

Farmers

A farmer disposing of waste pesticides from the farmer’s own use

which that are hazardous wastes

is not required to comply with the standards in this Part or other standards in 35 Ill. Adm. Code 702,

703, 724, 725

, or 728 for those wastes, provided the farmer triple rinses each emptied pesticide

container in accordance with 35 Ill. Adm. Code 721.107(b)(3) and disposes of the pesticide residues

on the farmer’s own farm in a manner consistent with the disposal instructions on the pesticide label.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

SUBPART H: TRANSFRONTIER SHIPMENTS OF HAZARDOUS WASTE

FOR RECOVERY WITHIN THE OECD

Section 722.180

Applicability

The requirements of this Subpart

H apply to imports and exports of wastes that

are considered hazardous under U.S. national procedures and which are destined

for recovery operations in any of the countries listed in Section 722.158(a)(1). A

waste is considered hazardous under U.S. national procedures if it meets the

definition of hazardous waste in 35 Ill. Adm. Code 721.103 and it is subject to

either the manifesting requirements in Subpart B of this Part or to the universal

waste management standards of 35 Ill. Adm. Code 733.

Any person (notifier, consignee, or recovery facility operator) that mixes two or

more wastes (including hazardous and non-hazardous wastes) or otherwise

subjects two or more wastes (including hazardous and non-hazardous wastes) to

physical or chemical transformation operations, and thereby creates a new

hazardous waste, becomes a generator and assumes all subsequent generator

duties under this Subchapter c and any notifier duties under this Subpart H, as

applicable.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 722.181

Definitions

The following definitions apply to this Subpart

“Amber-list waste” means a waste listed in the OECD Amber List of Wastes,

Appendix 4 to the OECD Council Decision C(92)39/FINAL, incorporated by

reference in 35 Ill. Adm. Code 720.111(a).

“Amber-list controls” means the controls listed in Section IV of the Annex to the

OECD Council Decision C(92)39/FINAL, incorporated by reference in 35 Ill.

Adm. Code 720.111(a).

“Competent authorities” means the regulatory authorities of concerned countries

having jurisdiction over transfrontier movements of wastes destined for recovery

operations.

“Concerned countries” means the exporting and importing OECD member

countries and any OECD member countries of transit.

“Consignee” means the person to whom possession or other form of legal control

of the waste is assigned at the time the waste is received in the importing country.

“Country of transit” means any designated OECD country in Section

722.158(a)(1) and (a)(2) other than the exporting or importing country across

which a transfrontier movement of wastes is planned or takes place.

“Exporting country” means any designated OECD member country in Section

722.158(a)(1) from which a transfrontier movement of wastes is planned or has

commenced.

“Green-list waste” means a waste listed in the OECD Green List of Wastes,

Appendix 3 to the OECD Council Decision C(92)39/FINAL, incorporated by

reference in 35 Ill. Adm. Code 720.111(a).

“Green-list controls” means the controls listed in Section III of the Annex to the

OECD Council Decision C(92)39/FINAL, incorporated by reference in 35 Ill.

Adm. Code 720.111(a).

“Importing country” means any designated OECD country in Section

722.158(a)(1) to which a transfrontier movement of wastes is planned or takes

place for the purpose of submitting the wastes to recovery operations therein.

“Notifier” means the person under the jurisdiction of the exporting country that

has, or will have at the time the planned transfrontier movement commences,

possession or other forms of legal control of the wastes and that proposes their

transfrontier movement for the ultimate purpose of submitting them to recovery

operations. When the United States (U.S.) is the exporting country, notifier is

interpreted to mean a person domiciled in the U.S.

“OECD area” means all land or marine areas under the national jurisdiction of

any designated OECD member country in Section 722.158. When the regulations

refer to shipments to or from an OECD country, this means OECD area.

“Recognized trader” means a person that, with appropriate authorization of

concerned countries, acts in the role of principal to purchase and subsequently sell

wastes; this person has legal control of such wastes from time of purchase to time

of sale; such a person may act to arrange and facilitate transfrontier movements of

wastes destined for recovery operations.

“Recovery facility” means an entity

which that, under applicable domestic law, is

operating or is authorized to operate in the importing country to receive wastes

and to perform recovery operations on them.

“Recovery operations” means activities leading to resource recovery, recycling,

reclamation, direct re-use, or alternative uses, as listed in Table 2.B of the Annex

of OECD Council Decision C(88)90(Final)

of 27 May 1988, incorporated by

reference in 35 Ill. Adm. Code 720.111(a)

, which include the following activities:

Use as a fuel (other than in direct incineration) or other means to

generate energy,

Solvent reclamation or regeneration,

Recycling or reclamation of organic substances

which that are not

used as solvents,

Recycling or reclamation of metals and metal compounds,

Recycling or reclamation of other inorganic materials,

Regeneration of acids or bases,

Recovery of components used for pollution control,

Recovery of components from catalysts,

Used oil re-refining or other reuses of previously used oil,

R10

Land treatment resulting in benefit to agriculture or ecological

improvement,

R11

Uses of residual materials obtained from any of the operations

numbered R1 through R10,

R12

Exchange of wastes for submission to any of the operations

numbered R1 through R11, and

R13

Accumulation of material intended for any operation in Table 2.B.

“Red-list waste” means a waste listed in the OECD Green List of Wastes,

Appendix 5 to the OECD Council Decision C(92)39/FINAL, incorporated by

reference in 35 Ill. Adm. Code 720.111(a).

“Red-list controls” means the controls listed in Section V of the Annex to the

OECD Council Decision C(92)39/FINAL, incorporated by reference in 35 Ill.

Adm. Code 720.111(a).

“Transfrontier movement” means any shipment of wastes destined for recovery

operations from an area under the national jurisdiction of one OECD member

country to an area under the national jurisdiction of another OECD member

country.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 722.182

General Conditions

Scope. The level of control for exports and imports of waste is indicated by

assignment of the waste to a green, amber, or red list and by U.S. national

procedures, as defined in Section 722.180(a). The green, amber, and red lists are

incorporated by reference in 35 Ill. Adm. Code 720.111(ba).

Wastes on the green Green-list waste are is subject to existing controls

normally applied to commercial transactions, except as provided below:

Green-list

wastes waste that are is considered hazardous under

U.S. national procedures

are is subject to amber-list controls.

Green-list

wastes waste that are is sufficiently contaminated or

mixed with amber-list

wastes waste, such that the waste or waste

mixture is considered hazardous under U.S. national procedures,

are is subject to amber-list controls.

Green-list

wastes waste that are is sufficiently contaminated or

mixed with other wastes subject to red-list controls, such that the

waste or waste mixture is considered hazardous under U.S.

national procedures, must be handled in accordance with the red-

list controls.

Wastes on the amber Amber-list waste that are is considered hazardous

under U.S. national procedures, as defined in Section 722.180(a),

are is

subject to the amber-list controls of this Subpart H. If amber-list wastes

are waste is sufficiently contaminated or mixed with other wastes subject

to red-list controls, such that the waste or waste mixture is considered

hazardous under U.S. national procedures, the wastes must be handled in

accordance with the red-list controls.

Wastes on the red Red-list waste that are is considered hazardous under

U.S. national procedures, as defined in Section 722.180(a),

are is subject

to the red-list controls of this Subpart

BOARD NOTE: Some

wastes on the amber amber-list wastes or red lists

red-list wastes are not listed or otherwise identified as hazardous under

RCRA (e.g., polychlorinated biphenyls) and therefore are not subject to

the amber-list

or red-list controls of this Subpart H. Regardless of the

status of the waste under RCRA, however, other federal environmental

statutes (e.g., the Toxic Substances Control Act) may restrict certain waste

imports or exports. Such restrictions continue to apply without regard to

this Subpart

Wastes Waste not yet assigned to a list are is eligible for transfrontier

movements, as follows:

If such

wastes are waste is considered hazardous under U.S.

national procedures, as defined in Section 722.180(a),

these wastes

are this waste is subject to the red-list controls; or

If such

wastes are waste is not considered hazardous under U.S.

national procedures, as defined in Section 722.180(a), such

wastes

waste may move as though they appeared on the green list it were

a green-list waste.

General conditions applicable to transfrontier movements of hazardous waste.

The waste must be destined for recovery operations at a facility that, under

applicable domestic law, is operating or is authorized to operate in the

importing country;

The transfrontier movement must be in compliance with applicable

international transport agreements; and

BOARD NOTE: These international agreements include, but are not

limited to, the Chicago Convention (1944), ADR (1957), ADNR (1970),

MARPOL Convention (1973/1978), SOLAS Convention (1974), IMDG

Code (1985), COTIF (1985), and RID (1985).

Any transit of waste through a non-OECD member country must be

conducted in compliance with all applicable international and national

laws and regulations.

Provisions relating to re-export for recovery to a third country.

Re-export of

wastes waste that is subject to the amber-list control system

controls from the U.S., as the importing country, to a third country listed

in Section 722.158(a)(1) may occur only after a notifier in the U.S.

provides notification to and obtains consent of the competent authorities in

the third country, the original exporting country, and new transit countries.

The notification must comply with the notice and consent procedures in

Section 722.183 for all concerned countries and the original exporting

country. The competent authorities of the original exporting country, as

well as the competent authorities of all other concerned countries, have 30

days to object to the proposed movement.

The 30-day period begins once the competent authorities of both

the initial exporting country and new importing country issue

Acknowledgments of Receipt of the notification.

The transfrontier movement may commence if no objection has

been lodged after the 30-day period has passed or immediately

after written consent is received from all relevant OECD importing

and transit countries.

Re-export of waste

that is subject to the red-list control system controls

from the original importing country to a third country listed in Section

722.158(a)(1) may occur only following notification of the competent

authorities of the third country, the original exporting country, and new

transit countries by a notifier in the original importing country in

accordance with Section 722.183. The transfrontier movement may not

proceed until receipt by the original importing country of written consent

from the competent authorities of the third country, the original exporting

country, and new transit countries.

In the case of re-export of amber-list

waste or red-list wastes waste to a

country other than those in Section 722.158(a)(1), notification to and

consent of the competent authorities of the original OECD member

country of export and any OECD member countries of transit is required

as specified in subsections (c)(1) and (c)(2) of this Section in addition to

compliance with all international agreements and arrangements to which

the first importing OECD member country is a party and all applicable

regulatory requirements for exports from the first importing country.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 722.183

Notification and Consent

Applicability. Consent must be obtained from the competent authorities of the

relevant OECD importing and transit countries prior to exporting hazardous waste

destined for recovery operations subject to this Subpart

H. Hazardous wastes

subject to amber-list controls are subject to the requirements of subsection (b) of

this Section; hazardous wastes subject to red-list controls are subject to the

requirements of subsection (c) of this Section; and wastes not identified on any

list are subject to the requirements of subsection (d) of this Section.

Amber-list wastes. The export from the U.S. of hazardous

wastes waste, as

described in Section 722.180(a), that

appear on the amber list is amber-list waste

is prohibited unless the notification and consent requirements of subsection (b)(1)

or subsection (b)(2) of this Section are met.

Transactions requiring specific consent

Notification. At least 45 days prior to commencement of the

transfrontier movement, the notifier must provide written

notification in English of the proposed transfrontier movement to

the Office of Enforcement and Compliance Assurance, Office of

Compliance, Enforcement Planning, Targeting and Data Division

(2222A), Environmental Protection Agency, 401 M St., SW,

Washington, DC 20460, and the Illinois Environmental Protection

Agency, Bureau of Land, Division of Land Pollution Control, P.O.

Box 19276, Springfield, IL 62794-9276, with the words

“Attention: OECD Export Notification” prominently displayed on

the envelope. This notification must include all of the information

identified in subsection (e) of this Section. In cases where wastes

having similar physical and chemical characteristics, the same

United Nations classification, and the same

RCRA USEPA

hazardous waste codes are to be sent periodically to the same

recovery facility by the same notifier, the notifier may submit one

notification of intent to export these wastes in multiple shipments

during a period of up to one year.

Tacit consent. If no objection has been lodged by any concerned

country (i.e., exporting, importing, or transit countries) to a

notification provided pursuant to subsection (b)(1)(A) of this

Section within 30 days after the date of issuance of the

Acknowledgment of Receipt of notification by the competent

authority of the importing country, the transfrontier movement

may commence. Tacit consent expires one calendar year after the

close of the

30 day 30-day period; renotification and renewal of all

consents is required for exports after that date.

Written consent. If the competent authorities of all the relevant

OECD importing and transit countries provide written consent in a

period less than 30 days, the transfrontier movement may

commence immediately after all necessary consents are received.

Written consent expires for each relevant OECD importing and

transit country one calendar year after the date of that country’s

consent unless otherwise specified; renotification and renewal of

each expired consent is required for exports after that date.

Shipments to facilities pre-approved by the competent authorities of the

importing countries to accept specific wastes for recovery

The notifier must provide USEPA and the Agency the information

identified in subsection (e) of this Section in English, at least 10

days in advance of commencing shipment to a pre-approved

facility. The notification should indicate that the recovery facility

is pre-approved, and may apply to a single specific shipment or to

multiple shipments as described in subsection (b)(1)(A) of this

Section. This information must be sent to the Office of

Enforcement and Compliance Assurance, Office of Compliance,

Enforcement Planning, Targeting and Data Division (2222A),

Environmental Protection Agency, 401 M St., SW., Washington,

DC 20460, and the Illinois Environmental Protection Agency,

Bureau of Land, Division of Land Pollution Control, P.O. Box

19276, Springfield, IL 62794-9276, with the words “OECD Export

Notification--Pre-approved Facility” prominently displayed on the

envelope.

Shipments may commence after the notification required in

subsection (b)(1)(A) of this Section has been received by the

competent authorities of all concerned countries, unless the notifier

has received information indicating that the competent authorities

of one or more concerned countries objects to the shipment.

Red-list wastes. The export from the U.S. of hazardous

wastes waste, as

described in Section 722.180(a), that

appear on the red list is red-list waste is

prohibited unless notice is given pursuant to subsection (b)(1)(A) of this Section

and the notifier receives written consent from the importing country and any

transit countries prior to commencement of the transfrontier movement.

Unlisted wastes.

Wastes not assigned to the green, amber, or red list that are

Waste that is not green-list waste, amber-list waste, or red-list waste which is

considered hazardous under U.S. national procedures, as defined in Section

722.180(a),

are is subject to the notification and consent requirements established

for red-list wastes in accordance with subsection (c) of this Section. Unlisted

wastes that are not considered hazardous under U.S. national procedures, as

defined in Section 722.180(a), are not subject to amber-list

or red-list controls

when exported or imported.

Notification information. Notifications submitted under this Section must include

the following information

Serial number or other accepted identifier of the notification form;

Notifier name and USEPA identification number (if applicable), address,

and telephone and telefax numbers;

Importing recovery facility name, address, telephone and telefax numbers,

and technologies employed;

Consignee name (if not the owner or operator of the recovery facility),

address, and telephone and telefax numbers; whether the consignee will

engage in waste exchange or storage prior to delivering the waste to the

final recovery facility; and identification of recovery operations to be

employed at the final recovery facility;

Intended transporters or their agents;

Country of export and relevant competent authority and point of

departure;

Countries of transit and relevant competent authorities and points of entry

and departure;

Country of import and relevant competent authority and point of entry;

Statement of whether the notification is a single notification or a general

notification. If general, include period of validity requested;

10)

Date foreseen for commencement of transfrontier movement;

11)

Designation of waste

type(s) types from the appropriate list (e.g., amber

amber-list waste or red red-list waste and waste list code), descriptions of

each waste type, estimated total quantity of each,

RCRA USEPA

hazardous waste code, and United Nations number for each waste type;

and

12)

Certification/Declaration signed by the notifier that states as follows:

“I certify that the above information is complete and correct to the best of

my knowledge. I also certify that legally-enforceable written contractual

obligations have been entered into, and that any applicable insurance or

other financial guarantees are or

shall must be in force covering the

transfrontier movement.

Name: _____________________________________

Signature: __________________________________

Date: _____________________________________”

BOARD NOTE: The U.S. does not currently require financial assurance;

however, U.S. exporters may be asked by other governments to provide

and certify to such assurance as a condition of obtaining consent to a

proposed movement.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 722.184

Tracking Document

All U.S. parties subject to the contract provisions of Section 722.185 must ensure

that a tracking document meeting the conditions of subsection (b) of this Section

accompanies each transfrontier shipment of wastes subject to amber-list or red-list

controls from the initiation of the shipment until it reaches the final recovery

facility, including cases in which the waste is stored or exchanged by the

consignee prior to shipment to the final recovery facility, except as provided in

this subsection (a).

For shipments of hazardous waste within the U.S. solely by water (bulk

shipments only), the generator must forward the tracking document with

the manifest to the last water (bulk shipment) transporter to handle the

waste in the U.S. if exported by water (in accordance with the manifest

routing procedures at Section 722.123(c)).

For rail shipments of hazardous waste within the U.S.

which that originate

at the site of generation, the generator must forward the tracking document

with the manifest (in accordance with the routing procedures for the

manifest in Section 722.123(d)) to the next non-rail transporter, if any, or

the last rail transporter to handle the waste in the U.S. if exported by rail.

The tracking document must include all information required under Section

722.183 (for notification) and the following informations:

The date shipment commenced;

The name (if not notifier), address, and telephone and telefax numbers of

primary exporter;

The company name and USEPA identification number of all transporters;

Identification (license, registered name

, or registration number) of means

of transport, including types of packaging;

Any special precautions to be taken by transporters;

A certification or declaration signed by notifier that no objection to the

shipment has been lodged as follows:

“I certify that the above information is complete and correct to the best of

my knowledge. I also certify that legally-enforceable written contractual

obligations have been entered into, that any applicable insurance or other

financial guarantees are or

shall must be in force covering the transfrontier

movement, and that:”

“1. All necessary consents have been received;”

“2. The shipment is directed at a recovery facility within the OECD area

and no objection has been received from any of the concerned countries

within the 30 day tacit consent period;”

“3. The shipment is directed at a recovery facility pre-authorized for that

type of waste within the OECD area, such an authorization has not been

revoked, and no objection has been received from any of the concerned

countries.”

(delete sentences that are not applicable)

“Name: _____________________________________

Signature: __________________________________

Date: _____________________________________”; and

The appropriate signatures for each custody transfer (e.g., transporter,

consignee, and owner or operator of the recovery facility).

Notifiers also must comply with the special manifest requirements of Section

722.154(a), (b), (c), (e), and (i) and consignees must comply with the import

requirements of Subpart F of this Part.

Each U.S. person that has physical custody of the waste from the time the

movement commences until it arrives at the recovery facility must sign the

tracking document (e.g., transporter, consignee, and owner or operator of the

recovery facility).

Within three working days of the receipt of imports subject to this Subpart

H, the

owner or operator of the U.S. recovery facility must send signed copies of the

tracking document to the notifier, to the Office of Enforcement and Compliance

Assurance, Office of Compliance, Enforcement Planning, Targeting and Data

Division (2222A), Environmental Protection Agency, 401 M St., SW.,

Washington, DC 20460, and to the competent authorities of the exporting and

transit countries.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 722.185

Contracts

Transfrontier movements of hazardous wastes subject to amber or red control

procedures are prohibited unless they occur under the terms of a valid written

contract, chain of contracts, or equivalent arrangements (when the movement

occurs between parties controlled by the same corporate or legal entity). Such

contracts or equivalent arrangements must be executed by the notifier and the

owner or operator of the recovery facility, and must specify responsibilities for

each. Contracts or equivalent arrangements are valid for the purposes of this

Section only if persons assuming obligations under the contracts or equivalent

arrangements have appropriate legal status to conduct the operations specified in

the contract or equivalent arrangement.

Contracts or equivalent arrangements must specify the following names and

USEPA identification numbers, where available:

The generator of each type of waste;

Each person that will have physical custody of the wastes;

Each person that will have legal control of the wastes; and

The recovery facility.

Contracts or equivalent arrangements must specify which party to the contract

will assume responsibility for alternate management of the wastes if its

disposition cannot be carried out as described in the notification of intent to

export. In such cases, contracts must specify the following:

That the person having actual possession or physical control over the

wastes will immediately inform the notifier and the competent authorities

of the exporting and importing countries and, if the wastes are located in a

country of transit, the competent authorities of that country; and

That the person specified in the contract will assume responsibility for the

adequate management of the wastes in compliance with applicable laws

and regulations including, if necessary, arranging their return to the

original country of export.

Contracts must specify that the consignee will provide the notification required in

Section 722.182(c) prior to re-export of controlled wastes to a third country.

Contracts or equivalent arrangements must include provisions for financial

guarantees, if required by the competent authorities of any concerned country, in

accordance with applicable national or international law requirements.

BOARD NOTE: Financial guarantees so required are intended to provide for

alternative recycling, disposal, or other means of sound management of the wastes

in cases where arrangements for the shipment and the recovery operations cannot

be carried out as foreseen. The U.S. does not require such financial guarantees at

this time; however, some OECD countries do. It is the responsibility of the

notifier to ascertain and comply with such requirements; in some cases,

transporters or consignees may refuse to enter into the necessary contracts absent

specific references or certifications to financial guarantees.

Contracts or equivalent arrangements must contain provisions requiring each

contracting party to comply with all applicable requirements of this Subpart

Upon request by USEPA or the Agency, U.S. notifiers, consignees, or recovery

facilities

shall must submit to USEPA and the Agency copies of contracts, chain

of contracts, or equivalent arrangements (when the movement occurs between

parties controlled by the same corporate or legal entity). Information contained in

the contracts or equivalent arrangements for which a claim of confidentiality is

asserted in accordance with 35 Ill. Adm. Code 120 will be treated as confidential

and will be disclosed by the Agency only as provided in 35 Ill. Adm. Code 120.

BOARD NOTE: Although the U.S. does not require routine submission of

contracts at this time, OECD Council Decision C(92)39/FINAL allows members

to impose such requirements. When other OECD countries require submission of

partial or complete copies of the contract as a condition to granting consent to

proposed movements, USEPA or the Agency will request the required

information; absent submission of such information, some OECD countries may

deny consent for the proposed movement.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 722.186

Provisions Relating to Recognized Traders

A recognized trader that takes physical custody of a waste and conducts recovery

operations (including storage prior to recovery) is acting as the owner or operator

of a recovery facility and must be so authorized in accordance with all applicable

federal laws.

A recognized trader acting as a notifier or consignee for transfrontier shipments of

waste must comply with all the notifier or consignee requirements of this Subpart

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 722.187

Reporting and Recordkeeping

Annual reports. For all waste movements subject to this Subpart

H, persons (e.g.,

notifiers, recognized traders) that meet the definition of primary exporter in

Section 722.151

shall must file an annual report with the Office of Enforcement

and Compliance Assurance, Office of Compliance, Enforcement Planning,

Targeting and Data Division (2222A), U.S. Environmental Protection Agency,

401 M St., SW., Washington, DC 20460 and the Illinois Environmental

Protection Agency, Bureau of Land, Division of Land Pollution Control, P.O.

Box 19276, Springfield, IL 62794, no later than March 1 of each year

summarizing the types, quantities, frequency, and ultimate destination of all such

hazardous waste exported during the previous calendar year. (If the primary

exporter is required to file an annual report for waste exports that are not covered

under this Subpart

H, the person filing may include all export information in one

report provided the following information on exports of waste destined for

recovery within the designated OECD member countries is contained in a

separate Section). Such reports

shall must include the following information:

The USEPA identification number, name, and mailing and site address of

the notifier filing the report;

The calendar year covered by the report;

The name and site address of each final recovery facility;

By final recovery facility, for each hazardous waste exported, a

description of the hazardous waste, the USEPA hazardous waste number

(from

Subpart C or D of 35 Ill. Adm. Code 721.Subpart C or 721.Subpart

D),; the designation of waste type(s) types from the OECD waste list and

applicable waste code from the OECD lists,

as decribed in OECD Council

Decision C(88)90/FINAL, incorporated by reference in 35 Ill. Adm. Code

720.111(a), USDOT hazard class,; the name and USEPA identification

number (where applicable) for each transporter used

,; the total amount of

hazardous waste shipped pursuant to this Subpart

H,; and number of

shipments pursuant to each notification;

In even numbered years, for each hazardous waste exported, except for

hazardous waste produced by exporters of greater than 100 kilograms (kg)

but less than 1

,000 kg in a calendar month, and except for hazardous waste

for which information was already provided pursuant to Section 722.141:

A description of the efforts undertaken during the year to reduce

the volume and toxicity of waste generated; and

A description of the changes in volume and toxicity of the waste

actually achieved during the year in comparison to previous years

to the extent such information is available for years prior to 1984;

and

A certification signed by the person acting as primary exporter that states

as follows:

“I certify under penalty of law that I have personally examined and am

familiar with the information submitted in this and all attached documents,

and that based on my inquiry of those individuals immediately responsible

for obtaining the information, I believe that the submitted information is

true, accurate, and complete. I am aware that there are significant

penalties for submitting false information including the possibility of fine

and imprisonment.”

Exception reports. Any person that meets the definition of primary exporter in

Section 722.151

shall must file with USEPA and the Agency an exception report

in lieu of the requirements of Section 722.142 if any of the following occurs:

The person has not received a copy of the tracking documentation signed

by the transporter stating point of departure of the waste from the United

States within 45 days from the date it was accepted by the initial

transporter;

Within 90 days from the date the waste was accepted by the initial

transporter, the notifier has not received written confirmation from the

recovery facility that the hazardous waste was received; or

The waste is returned to the United States.

Recordkeeping.

Persons that meet the definition of primary exporter in Section 722.151

shall must keep the following records:

A copy of each notification of intent to export and all written

consents obtained from the competent authorities of concerned

countries, for a period of at least three years from the date the

hazardous waste was accepted by the initial transporter;

A copy of each annual report, for a period of at least three years

from the due date of the report; and

A copy of any exception reports and a copy of each confirmation

of delivery (i.e., tracking documentation) sent by the recovery

facility to the notifier, for at least three years from the date the

hazardous waste was accepted by the initial transporter or received

by the recovery facility, whichever is applicable.

The periods of retention referred to in this Section are extended

automatically during the course of any unresolved enforcement action

regarding the regulated activity or as requested by USEPA or the Agency.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 722.189

OECD Waste Lists

General. For the purposes of this Subpart

H, a waste is considered hazardous

under U.S. national procedures, and hence subject to this Subpart

H, if the

following is true of the waste:

Meets The waste meets the federal definition of hazardous waste in 35 Ill.

Adm. Code 721.103; and

Is The waste is subject to either the hazardous waste manifesting

requirements of Subpart B of this Part or the universal waste management

standards of 35 Ill. Adm. Code 733.

If a waste is hazardous under subsection (a) of this Section and it

appears on the

amber or red list is amber-list waste or red-list waste, it is subject to either the

amber-list

or red-list requirements controls, as appropriate.

If a waste is hazardous under subsection (a) of this Section and it

does not appear

on either the amber or red list is not amber-list or red-list waste, it is subject to the

red-list

requirements controls.

The appropriate control procedures for hazardous wastes and hazardous waste

mixtures are addressed in Section 722.182.

The OECD Green List of Wastes (revised May 1994), Amber List of Wastes

(revised May 1993), and Red List of Wastes (revised May 1993), as set forth in

Appendix 3, Appendix 4 and Appendix 5, respectively, to the OECD Council

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

of Wastes Destined for Recovery Operations), incorporated by reference in 35 Ill.

Adm. Code 720.111.This subsection (e) corresponds with 40 CFR 262.89(e),

which incorporates the OECD amber, green, and red lists by reference. This

statement maintains structural consistency with the corresponding federal

regulations.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 722.Appendix A

Hazardous Waste Manifest

The Board incorporates by reference 40 CFR 262, Appendix (1997). This Part incorporates no

later amendments or editions. The Agency shall must prepare manifest forms based on 40 CFR

262, Appendix

, incorporated by reference in 35 Ill. Adm. Code 720.111(b), with such changes as

are necessary under Illinois law.

(Source: Amended at 29 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

USEPA 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

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

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

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

Groundwater Protection Standard

724.193

Hazardous Constituents

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

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

725.221

Alternative Post-Closure Care Requirements

SUBPART H: FINANCIAL REQUIREMENTS

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

Condition of Containers

724.272

Compatibility of Waste with Container

724.273

Management of Containers

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

Assessment of Existing Tank System 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

Design and Operating Requirements

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

Design and Operating Requirements

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

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

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

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: SPECIAL PROVISIONS FOR CLEANUP

Section

724.650

Applicability of Corrective Action Management Unit Regulations

724.651

Grandfathered Corrective Action Management Units

724.652

Corrective Action Management Units

Disposal of CAMU-Eligible Wastes in Permitted Hazardous Waste Landfills

Assessment of Existing Drip Pad Integrity

724.672

Design and Installation of New Drip Pads

724.673

Design and Operating Requirements

SUBPART X: MISCELLANEOUS UNITS

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

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

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

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 (Repealed)

SUBPART DD: CONTAINMENT BUILDINGS

Design and Operating Standards

724.1102

Closure and Post-Closure Care

SUBPART EE: HAZARDOUS WASTE MUNITIONS AND EXPLOSIVES

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 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. 1146, effective

January 6, 2000; amended in R00-13 at 24 Ill. Reg. 9833, effective June 20, 2000; expedited

correction at 25 Ill. Reg. 5115, effective June 20, 2000; amended in R02-1/R02-12/R02-17 at 26

Ill. Reg. 6635, effective April 22, 2002; amended in R03-7 at 27 Ill. Reg. 3725, effective

February 14, 2003; amended in R05-2 at 29 Ill. Reg. ________, effective

______________________.

SUBPART H: FINANCIAL REQUIREMENTS

Section 724.251

Wording of the Instruments

The Board incorporates by reference 40 CFR 264.151 (2002). This incorporation includes no

later amendments or editions. The Agency must promulgate standardized forms based on 40

CFR 264.151

, incorporated by reference in 35 Ill. Adm. Code 720.111(b), with such changes in

wording as are necessary under Illinois law. Any owner or operator required to establish

financial assurance under this Subpart H must do so only upon the standardized forms

promulgated by the Agency. The Agency must reject any financial assurance document that is

not submitted on such standardized forms.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

SUBPART J: TANK SYSTEMS

Section 724.297

Closure and Post-Closure Care

At closure of a tank system, the owner or operator must remove or decontaminate

all waste residues,

containmented contaminated containment system components

(liners, etc.), contaminated soils and structures and equipment contaminated with

waste, and manage them as hazardous waste, unless 35 Ill. Adm. Code 721.103(d)

applies. The closure plan, closure activities, cost estimates for closure and

financial responsibility for tank systems must meet all of the requirements

specified in Subparts G and H of this Part.

If the owner or operator demonstrates to the Agency by way of permit application

that not all contaminated soils can be practicably removed or decontaminated, as

required in subsection (a) of this Section, then the owner or operator must close

the tank system and perform post-closure care in accordance with the closure and

post-closure care requirements that apply to landfills (Section 724.410). In

addition, for the purposes of closure, post-closure and financial responsibility,

such a tank system is then considered to be a landfill, and the owner or operator

must meet all of the requirements for landfills specified in Subparts G and H of

this Part.

If an owner or operator has a tank system that does not have secondary

containment which meets the requirements of Section 724.193(b) through (f), and

the owner and operator has not been granted alternative design and operating

practices for secondary containment requirements in accordance with Section

724.293(g), then the following apply:

The closure plan for the tank system must include both a plan for

complying with subsection (a) of this Section and a contingent plan for

complying with subsection (b) of this Section.

A contingent post-closure plan for complying with subsection (b) of this

Section must be prepared and submitted as part of the permit application.

The cost estimates calculated for closure and post-closure care must

reflect the costs of complying with the contingent closure plan and the

contingent post-closure plan if those costs are greater than the costs of

complying with the closure plan prepared for the expected closure under

subsection (a) of this Section.

Financial assurance must be based on the cost estimates in subsection

(c)(3) of this Section.

For the purposes of the contingent closure and post-closure plans, such a

tank system is considered to be a landfill, and the contingent plans must

meet all of the closure, post-closure, and financial responsibility

requirements for landfills under Subparts G and H of this Part.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

SUBPART AA: AIR EMISSION STANDARDS FOR PROCESS VENTS

Section 724.936

Reporting Requirements

A semiannual report must be submitted by owners and operators subject to the

requirements of this Subpart AA to the Agency by dates specified in the RCRA

permit. The report must include the following information:

The USEPA identification number (35 Ill. Adm. Code 722.112), name,

and address of the facility.

For each month during the semiannual reporting period the following:

Dates when the control device did the following:

Exceeded or operated outside of the design specifications,

as defined in Section 724.935(c)(4); and

ii)

Such

exceedances exceedences were not corrected within

24 hours, or that a flare operated with visible emissions, as

defined by Method 22 monitoring;

The duration and cause of each

exceedance exceedence or visible

emissions; and

Any corrective measures taken.

If during the semiannual reporting period, the control device does not exceed or

operate outside of the design specifications, as defined in Section 724.935(c)(4),

for more than 24 hours or a flare does not operate with visible emissions, as

defined in Section 724.933(d), a report to the Agency is not required.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

SUBPART BB: AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS

Section 724.950

Applicability

The regulations in this Subpart BB apply to owners and operators of facilities that

treat, store, or dispose of hazardous wastes (except as provided in Section

724.101).

Except as provided in Section 724.964(k), this Subpart BB applies to equipment

that contains or contacts hazardous wastes with organic concentrations of at least

10 percent by weight that are managed in one of the following:

A unit that is subject to the RCRA permitting requirements of 35 Ill. Adm.

Code 702, 703, and 705,

A unit (including a hazardous waste recycling unit) that is not exempt

from permitting under the provisions of 35 Ill. Adm. Code 722.134(a)

(i.e., a hazardous waste recycling unit that is not a “90-day” tank or

container) and that is located at a hazardous waste management facility

otherwise subject to the permitting requirements of 35 Ill. Adm. Code 702,

703, and 705, or

A unit that is exempt from permitting under the provisions of 35 Ill. Adm.

Code 722.134(a) (i.e., a “90-day” tank or container) and which is not a

recycling unit under the provisions of 35 Ill. Adm. Code 721.106.

For the owner or operator of a facility subject to this Subpart BB that received a

final permit under 35 Ill. Adm. Code 702, 703, and 705 prior to December 6,

1996, the requirements of this Subpart BB 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 date when the owner

or operator receives a final permit incorporating the requirements of this Subpart

BB, the owner or operator is subject to the requirements of Subpart BB of 35 Ill.

Adm. Code 725.

Each piece of equipment to which this Subpart BB applies must be marked in

such a manner that it can be distinguished readily from other pieces of equipment.

Equipment that is in vacuum service is excluded from the requirements of

Sections 724.952 to 724.960, if it is identified as required in Section

724.964(g)(5).

Equipment that contains or contacts hazardous waste with an organic

concentration of at least 10 percent by weight for less than 300 hours per calendar

year is excluded from the requirements of Sections 724.952 through 724.960 if it

is identified as required in Section 724.964(g)(6).

This subsection (g) corresponds with 40 CFR 264.1050(g), which relates

exclusively to a facility outside Illinois. This statement maintains structural

consistency with the corresponding federal regulations.

Purged coatings and solvents from surface coating operations subject to the

federal national emission standards for hazardous air pollutants (NESHAPs) for

the surface coating of automobiles and light-duty trucks at Subpart IIII of 40 CFR

63, incorporated by reference in 35 Ill. Adm. Code 720.111(b), are not subject to

the requirements of this Subpart BB.

BOARD NOTE: The requirements of Sections 724.952 through 724.965 apply to equipment

associated with hazardous waste recycling units previously exempt under 35 Ill. Adm. Code

721.106(c)(1). Other exemptions under 35 Ill. Adm. Code 721.104 and 724.101(g) are not

affected by these requirements.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 724.965

Reporting Requirements

A semiannual report must be submitted by owners and operators subject to the

requirements of this Subpart BB to the Agency by dates specified in the RCRA

permit. The report must include the following information:

The USEPA identification number (35 Ill. Adm. Code 722.112), name,

and address of the facility.

For each month during the semiannual reporting period, the following:

The equipment identification number of each valve for which a

leak was not repaired, as required in Section 724.957(d).

The equipment identification number of each pump for which a

leak was not repaired, as required in Section 724.952(c) and (d)(6).

The equipment identification number of each compressor for

which a leak was not repaired, as required in Section 724.953(g),

Dates of hazardous waste management unit shutdowns that occurred

within the semiannual reporting period.

For each month during the semiannual reporting period, dates when the

control device installed as required by Sections 724.952, 724.953,

724.954, or 724.955, exceeded or operated outside of the design

specifications, as defined in Section 724.964(e) and as indicated by the

control device monitoring required by Section 724.960 and was not

corrected within 24 hours, the duration and cause of each

exceedance

exceedence

, and any corrective measures taken.

If, during the semiannual reporting period, leaks from valves, pumps, and

compressors are repaired as required in Sections 724.957(d), 724.952(c) and

(d)(6), and 724.953(g), respectively, and the control device does not exceed or

operate outside of the design specifications, as defined in Section 724.964(e) for

more than 24 hours, a report to the Agency is not required.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

SUBPART DD: CONTAINMENT BUILDINGS

Section 724.1101

Design and Operating Standards

All containment buildings must comply with the following design and operating

standards:

The containment building must be completely enclosed with a floor, walls,

and a roof to prevent exposure to the elements (e.g. precipitation, wind,

run on) and to assure containment of managed wastes.

The floor and containment walls of the unit, including the secondary

containment system if required under subsection (b) of this Section, must

be designed and constructed of materials of sufficient strength and

thickness to support themselves, the waste contents, and any personnel

and heavy equipment that operate within the unit, and to prevent failure

due to pressure gradients, settlement, compression, or uplift, physical

contact with the hazardous wastes to which they are exposed; climatic

conditions; and the stresses of daily operation, including the movement of

heavy equipment within the unit and contact of such equipment with

containment walls. The unit must be designed so that it has sufficient

structural strength to prevent collapse or other failure. All surfaces to be

in contact with hazardous wastes must be chemically compatible with

those wastes. The containment building must meet the structural integrity

requirements established by professional organizations generally

recognized by the industry such as the American Concrete Institute (ACI)

and the American Society of Testing Materials (ASTM). If appropriate to

the nature of the waste management operation to take place in the unit, an

exception to the structural strength requirement may be made for light-

weight doors and windows that meet the following criteria:

They provide an effective barrier against fugitive dust emissions

under subsection (c)(1)(C) of this Section; and

The unit is designed and operated in a fashion that assures that

wastes will not actually come in contact with these openings.

Incompatible hazardous wastes or treatment reagents must not be placed

in the unit or its secondary containment system if they could cause the unit

or secondary containment system to leak, corrode, or otherwise fail.

A containment building must have a primary barrier designed to withstand

the movement of personnel, waste, and handling equipment in the unit

during the operating life of the unit and appropriate for the physical and

chemical characteristics of the waste to be managed.

For a containment building used to manage hazardous wastes containing free

liquids or treated with free liquids (the presence of which is determined by the

paint filter test, a visual examination, or other appropriate means), the owner or

operator must include the following:

A primary barrier designed and constructed of materials to prevent the

migration of hazardous constituents into the barrier (e.g., a geomembrane

covered by a concrete wear surface).

A liquid collection and removal system to minimize the accumulation of

liquid on the primary barrier of the containment building, as follows:

The primary barrier must be sloped to drain liquids to the

associated collection system; and

Liquids and waste must be collected and removed to minimize

hydraulic head on the containment system at the earliest

practicable time.

A secondary containment system including a secondary barrier designed

and constructed to prevent migration of hazardous constituents into the

barrier, and a leak detection system that is capable of detecting failure of

the primary barrier and collecting accumulated hazardous wastes and

liquids at the earliest practicable time.

The requirements of the leak detection component of the secondary

containment system are satisfied by installation of a system that is,

at a minimum, as follows:

It is constructed with a bottom slope of 1 percent or more;

and

ii)

It is constructed of a granular drainage material with a

hydraulic conductivity of 1 x 10

-2

cm/sec or more and a

thickness of 12 inches (30.5 cm) or more, or constructed of

synthetic or geonet drainage materials with a transmissivity

of 3 x 10

-5

/sec or more.

If treatment is to be conducted in the building, an area in which

such treatment will be conducted must be designed to prevent the

release of liquids, wet materials, or liquid aerosols to other

portions of the building.

The secondary containment system must be constructed of

materials that are chemically resistant to the waste and liquids

managed in the containment building and of sufficient strength and

thickness to prevent collapse under the pressure exerted by

overlaying materials and by any equipment used in the

containment building. (Containment buildings can serve as

secondary containment systems for tanks placed within the

building under certain conditions. A containment building can

serve as an external liner system for a tank, provided it meets the

requirements of Section 724.193(d)(1). In addition, the

containment building must meet the requirements of Section

724.193(b) and Sections 724.193(c)(1) and (c)(2) to be an

acceptable secondary containment system for a tank.)

For existing units other than 90-day generator units, USEPA may delay

the secondary containment requirement for up to two years, based on a

demonstration by the owner or operator that the unit substantially meets

the standards of this Subpart DD. In making this demonstration, the

owner or operator must have done the following:

Provided written notice to USEPA of their request by November

16, 1992. This notification must have described the unit and its

operating practices with specific reference to the performance of

existing systems, and specific plans for retrofitting the unit with

secondary containment;

Responded to any comments from USEPA on these plans within

30 days; and

Fulfilled the terms of the revised plans, if such plans are approved

by USEPA.

Owners or operators An owner or operator of all a containment buildings building

must do the following:

Use controls and practice to ensure containment of the hazardous waste

within the unit, and at a minimum:

Maintain the primary barrier to be free of significant cracks, gaps,

corrosion, or other deterioration that could cause hazardous waste

to be release from the primary barrier;

Maintain the level of the stored or treated hazardous waste within

the containment walls of the unit so that the height of any

containment wall is not exceeded;

Take measures to prevent the tracking of hazardous waste out of

the unit by personnel or by equipment used in handling the waste.

An area must be designated to decontaminate equipment and any

rinsate must be collected and properly managed; and

Take measures to control fugitive dust emissions such that any

openings (doors, windows, vents, cracks, etc.) exhibit no visible

emissions (see 40 CFR 60, Appendix A, Method 22 - Visual

Determination of Fugitive Emissions from Material Sources and

Smoke Emissions from Flares). In addition, all associated

particulate collection devices (e.g., fabric filter, electrostatic

precipitator) must be operated and maintained with sound air

pollution control practices (see 40 CFR 60 for guidance). This

state of no visible emissions must be maintained effectively at all

times during routine operating and maintenance conditions,

including when vehicles and personnel are entering and exiting the

unit.

BOARD NOTE: At 40 CFR 264.1101(c)(1)(iv)

, as added as 57

Fed. Reg. 37266 (Aug. 18, 1992) (2004), USEPA cites “40 CFR

part 60, subpart 292.” At 57 Fed. Reg. 37217

(Aug. 18, 1992),

USEPA repeats this citation in the preamble discussion of

adoption

of the rules. No such provision exists in the Code of Federal

Regulations. The Board has chosen to use the more general

citation: “40 CFR 60.”

Obtain certification by a qualified registered professional engineer (PE)

that the containment building design meets the requirements of

subsections (a) through (c) of this Section. For units placed into operation

prior to February 18, 1993, this certification must

be have been placed in

the facility’s operating record (on-site files for generators

who that are not

formally required to have operating records) no later than 60 days after the

date of initial operation of the unit. After February 18, 1993, PE

certification

will be has been required prior to operation of the unit.

Throughout the active life of the containment building, if the owner or

operator detects a condition that could lead to or has caused a release of

hazardous waste, must repair the condition promptly. In addition,

however the following is required:

Upon detection of a condition that has caused to a release of

hazardous wastes (e.g., upon detection of leakage from the primary

barrier) the owner or operator must do the following:

Enter a record of the discovery in the facility operating

record;

ii)

Immediately remove the portion of the containment

building affected by the condition from service;

iii)

Determine what steps must be taken to repair the

containment building, remove any leakage from the

secondary collection system,

and establish a schedule for

accomplishing the cleanup and repairs; and

iv)

Within seven days after the discovery of the condition,

notify the Agency in writing of the condition, and within 14

working days, provide a written notice to the Agency with

a description of the steps taken to repair the containment

building, and the schedule for accomplishing the work.

The Agency must review the information submitted, make a

determination in accordance with Section 34 of the Act, regarding

whether the containment building must be removed from service

completely or partially until repairs and cleanup are complete, and

notify the owner or operator of the determination and the

underlying rationale in writing.

Upon completing all repairs and cleanup the owner and operator

must notify the Agency in writing and provide a verification,

signed by a qualified, registered professional engineer, that the

repairs and cleanup have been completed according to the written

plan submitted in accordance with subsection (c)(3)(A)(iv) of this

Section.

Inspect and record in the facility’s operating record, at least once every

seven days, data gathered from monitoring equipment and leak detection

equipment, as well as the containment building and the area immediately

surrounding the containment building, to detect signs of releases of

hazardous waste.

For containment buildings that contain areas both with and without secondary

containment, the owner or operator must do the following:

Design and operate each area in accordance with the requirements

enumerated in subsections (a) through (c) of this Section;

Take measures to prevent the release of liquids or wet materials into areas

without secondary containment; and

Maintain in the facility’s operating log a written description of the

operating procedures used to maintain the integrity of areas without

secondary containment.

Notwithstanding any other provision of this Subpart DD the Agency must not

require secondary containment for a permitted containment building where the

owner operator demonstrates that the only free liquids in the unit are limited

amounts of dust suppression liquids required to meet occupational health and

safety requirements, and where containment of managed wastes and liquids can

be assured without a secondary containment system.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 724.Appendix A

Recordkeeping Instructions

The Board hereby incorporates by reference See 40 CFR 264, Appendix I (2002), incorporated by

reference in 35 Ill. Adm. Code 720.111(b).

This incorporation includes no later amendments or

editions.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 725

INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF

HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL

FACILITIES

SUBPART A: GENERAL PROVISIONS

Section

725.101

Purpose, Scope, and Applicability

725.104

Imminent Hazard Action

SUBPART B: GENERAL FACILITY STANDARDS

USEPA Identification Number

725.112

Required Notices

725.113

General Waste Analysis

725.114

Security

725.115

General Inspection Requirements

725.116

Personnel Training

725.117

General Requirements for Ignitable, Reactive, or Incompatible Wastes

725.118

Location Standards

725.119

Construction Quality Assurance Program

SUBPART C: PREPAREDNESS AND PREVENTION

Maintenance and Operation of Facility

725.132

Required Equipment

725.133

Testing and Maintenance of Equipment

725.134

Access to Communications or Alarm System

725.135

Required Aisle Space

725.137

Arrangements with Local Authorities

SUBPART D: CONTINGENCY PLAN AND EMERGENCY PROCEDURES

Purpose and Implementation of Contingency Plan

725.152

Content of Contingency Plan

725.153

Copies of Contingency Plan

725.154

Amendment of Contingency Plan

725.155

Emergency Coordinator

725.156

Emergency Procedures

SUBPART E: MANIFEST SYSTEM, RECORDKEEPING

Use of Manifest System

725.172

Manifest Discrepancies

725.173

Operating Record

725.174

Availability, Retention

, and Disposition of Records

725.175

Annual Report

725.176

Unmanifested Waste Report

725.177

Additional Reports

SUBPART F: GROUNDWATER MONITORING

Groundwater Monitoring System

725.192

Sampling and Analysis

725.193

Preparation, Evaluation

, and Response

725.194

Recordkeeping and Reporting

SUBPART G: CLOSURE AND POST-CLOSURE CARE

Closure Performance Standard

725.212

Closure Plan; Amendment of Plan

725.213

Closure; Time Allowed for Closure

725.214

Disposal or Decontamination of Equipment, Structures

, and Soils

725.215

Certification of Closure

725.216

Survey Plat

725.217

Post-closure Post-Closure Care and Use of Property

725.218

Post-Closure Care Plan; Amendment of Plan

725.219

Post-Closure Notices

725.220

Certification of Completion of Post-Closure Care

725.221

Alternative Post-Closure Care Requirements

SUBPART H: FINANCIAL REQUIREMENTS

Definitions of Terms as Used in this Subpart

725.242

Cost Estimate for Closure

725.243

Financial Assurance for Closure

725.244

Cost Estimate for

Post-closure Post-Closure Care

725.245

Financial Assurance for

Post-closure Post-Closure Monitoring and Maintenance

725.246

Use of a Mechanism for Financial Assurance of Both Closure and

Post-closure

Post-Closure Care

725.247

Liability Requirements

725.248

Incapacity of Owners or Operators, Guarantors

, or Financial Institutions

725.251

Promulgation of Forms (Repealed)

SUBPART I: USE AND MANAGEMENT OF CONTAINERS

Condition of Containers

725.272

Compatibility of Waste with

Container Containers

725.273

Management of Containers

725.274

Inspections

725.276

Special Requirements for Ignitable or Reactive

Waste Wastes

725.277

Special Requirements for Incompatible Wastes

725.278

Air Emission Standards

SUBPART J: TANK SYSTEMS

Assessment of Existing Tank

System’s System Integrity

725.292

Design and Installation of New Tank Systems or Components

725.293

Containment and Detection of Releases

725.294

General Operating Requirements

leaks Leaks or spills Spills and disposition Disposition of Tank

Systems

725.297

Closure and Post-Closure Care

725.298

Special Requirements for Ignitable or Reactive

Waste Wastes

725.299

Special Requirements for Incompatible Wastes

725.300

Waste Analysis and Trial Tests

725.301

Generators of 100 to 1

,000 Kilograms of Hazardous Waste Per Month

725.302

Air Emission Standards

SUBPART K: SURFACE IMPOUNDMENTS

Design and Operating Requirements

Waste Analysis and Trial Tests

725.326

Monitoring and Inspections

725.328

Closure and

Post-closure Post-Closure Care

725.329

Special Requirements for Ignitable or Reactive

Waste Wastes

725.330

Special Requirements for Incompatible Wastes

725.331

Air Emission Standards

SUBPART L: WASTE PILES

Design and Operating Requirements

725.355

Action Leakage Rates

725.356

Special Requirements for Ignitable or Reactive

Waste Wastes

725.357

Special Requirements for Incompatible Wastes

725.358

Closure and

Post-closure Post-Closure Care

Inspection Inspections

SUBPART M: LAND TREATMENT

General Operating Requirements

Unsaturated Zone (Zone of Aeration) Monitoring

Post-closure Post-Closure Care

725.381

Special Requirements for Ignitable or Reactive Waste Wastes

725.382

Special Requirements for Incompatible Wastes

Inspection Inspections

725.409

Surveying and Recordkeeping

725.410

Closure and

Post-closure Post-Closure Care

725.412

Special Requirements for Ignitable or Reactive Waste Wastes

725.413

Special Requirements for Incompatible Wastes

725.414

Special Requirements for Liquid Wastes

725.415

Special Requirements for Containers

725.416

Disposal of Small Containers of Hazardous Waste in Overpacked Drums (Lab

Packs)

SUBPART O: INCINERATORS

General Operating Requirements

725.447

Monitoring and

Inspection Inspections

725.451

Closure

725.452

Interim Status Incinerators Burning Particular Hazardous Wastes

SUBPART P: THERMAL TREATMENT

Section

725.470

Other Thermal Treatment

725.473

General Operating Requirements

725.475

Waste Analysis

725.477

Monitoring and Inspections

725.481

Closure

725.482

Open Burning; Waste Explosives

725.483

Interim Status Thermal Treatment Devices Burning Particular Hazardous

Waste

Wastes

SUBPART Q: CHEMICAL, PHYSICAL

, AND BIOLOGICAL TREATMENT

General Operating Requirements

725.502

Waste Analysis and Trial Tests

Special Requirements for Ignitable or Reactive

Waste Wastes

725.506

Special Requirements for Incompatible Wastes

SUBPART R: UNDERGROUND INJECTION

existing drip pad integrity Existing Drip Pad Integrity

725.542

Design and installation Installation of new drip pads New Drip Pads

725.543

Design and operating requirements Operating Requirements

SUBPART AA: AIR EMISSION STANDARDS FOR PROCESS VENTS

Standards: Process Vents

725.933

Standards:

Closed-vent Closed-Vent Systems and Control Devices

725.934

Test

methods Methods and procedures Procedures

725.935

Recordkeeping Requirements

SUBPART BB: AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS

Standards: Pumps in Light Liquid Service

725.953

Standards: Compressors

725.954

Standards: Pressure Relief Devices in Gas/Vapor Service

725.955

Standards: Sampling Connecting Systems

725.956

Standards:

Open-ended Open-Ended Valves or Lines

725.957

Standards: Valves in Gas/Vapor or Light Liquid Service

725.958

Standards: Pumps, Valves, Pressure Relief Devices, Flanges

, and

otherConnectors Other Connectors

725.959

Standards: Delay of Repair

725.960

Standards:

Closed-vent Closed-Vent Systems and Control Devices

725.961

Percent Leakage Alternative for Valves

725.962

Skip Period Alternative for Valves

725.963

Test Methods and Procedures

725.964

Recordkeeping Requirements

SUBPART CC: AIR EMISSION STANDARDS FOR TANKS, SURFACE

IMPOUNDMENTS, AND CONTAINERS

Schedule for Implementation of Air Emission Standards

725.983

Standards: General

725.984

Waste Determination Procedures

725.985

Standards: Tanks

725.986

Standards: Surface Impoundments

725.987

Standards: Containers

725.988

Standards: Closed-Vent Systems and Control Devices

725.989

Inspection and Monitoring Requirements

725.990

Recordkeeping Requirements

725.991

Alternative Tank Emission Control Requirements (Repealed)

SUBPART DD: CONTAINMENT BUILDINGS

operating standards Operating Standards

725.1102

Closure and Post Closure-Care Post-Closure Care

Subpart EE: Hazardous Waste Munitions and Explosives Storage

SUBPART EE: HAZARDOUS WASTE MUNITIONS AND EXPLOSIVES

operating standards Operating Standards

725.1202

Closure and Post Closure-Care Post-Closure Care

725.Appendix A

Recordkeeping Instructions

725.Appendix B

EPA Report Form and Instructions (Repealed)

725.Appendix C

USEPA Interim Primary Drinking Water Standards

725.Appendix D

Tests for Significance

725.Appendix E

Examples of Potentially Incompatible

Waste Wastes

725.Appendix F

Compounds With with Henry’s Law Constant Less Than 0.1 Y/X (at

25°C)

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 at 5 Ill. Reg. 9781, effective May 17, 1982; amended and

codified in R81-22 at 6 Ill. Reg. 4828, effective May 17, 1982; amended in R82-18 at 7 Ill. Reg.

2518, effective February 22, 1983; amended in R82-19 at 7 Ill. Reg. 14034, effective October 12,

1983; amended in R84-9 at 9 Ill. Reg. 11869, effective July 24, 1985; amended in R85-22 at 10

Ill. Reg. 1085, effective January 2, 1986; amended in R86-1 at 10 Ill. Reg. 14069, effective

August 12, 1986; amended in R86-28 at 11 Ill. Reg. 6044, effective March 24, 1987; amended in

R86-46 at 11 Ill. Reg. 13489, effective August 4, 1987; amended in R87-5 at 11 Ill. Reg. 19338,

effective November 10, 1987; amended in R87-26 at 12 Ill. Reg. 2485, effective January 15,

1988; amended in R87-39 at 12 Ill. Reg. 13027, effective July 29, 1988; amended in R88-16 at

13 Ill. Reg. 437, effective December 28, 1988; amended in R89-1 at 13 Ill. Reg. 18354, effective

November 13, 1989; amended in R90-2 at 14 Ill. Reg. 14447, effective August 22, 1990;

amended in R90-10 at 14 Ill. Reg. 16498, effective September 25, 1990; amended in R90-11 at

15 Ill. Reg. 9398, effective June 17, 1991; amended in R91-1 at 15 Ill. Reg. 14534, effective

October 1, 1991; amended in R91-13 at 16 Ill. Reg. 9578, effective June 9, 1992; amended in

R92-1 at 16 Ill. Reg. 17672, effective November 6, 1992; amended in R92-10 at 17 Ill. Reg.

5681, effective March 26, 1993; amended in R93-4 at 17 Ill. Reg. 20620, effective November 22,

1993; amended in R93-16 at 18 Ill. Reg. 6771, effective April 26, 1994; amended in R94-7 at 18

Ill. Reg. 12190, effective July 29, 1994; amended in R94-17 at 18 Ill. Reg. 17548, effective

November 23, 1994; amended in R95-6 at 19 Ill. Reg. 9566, effective June 27, 1995; amended in

R95-20 at 20 Ill. Reg. 11078, effective August 1, 1996; amended in R96-10/R97-3/R97-5 at 22

Ill. Reg. 369, effective December 16, 1997; amended in R98-12 at 22 Ill. Reg. 7620, effective

April 15, 1998; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17620, effective September 28,

1998; amended in R98-21/R99-2/R99-7 at 23 Ill. Reg. 1850, effective January 19, 1999;

amended in R99-15 at 23 Ill. Reg. 9168, effective July 26, 1999; amended in R00-5 at 24 Ill.

Reg. 1076, effective January 6, 2000; amended in R00-13 at 24 Ill. Reg. 9575, effective June 20,

2000; amended in R03-7 at 27 Ill. Reg. 4187, effective February 14, 2003; amended in R05-2 at

29 Ill. Reg. ________, effective ______________________.

SUBPART A: GENERAL PROVISIONS

Section 725.101

Purpose, Scope, and Applicability

The purpose of this Part is to establish minimum standards that define the

acceptable management of hazardous waste during the period of interim status and

until certification of final closure or, if the facility is subject to post-closure care

requirements, until post-closure care responsibilities are fulfilled.

Except as provided in Section 725.980(b), the standards in this Part and 35 Ill. Adm.

Code 724.652 through 724.654 apply to owners and operators of facilities that

treat, store, or dispose of hazardous waste

that and which have fully complied with

the requirements for interim status under Section 3005(e) of the Resource

Conservation and Recovery Act (RCRA) (42 USC

6901 et seq. 6925(e)) and 35 Ill.

Adm. Code 703, until either a permit is issued under Section 3005 of the Resource

Conservation and Recovery Act

(42 USC 6905) or Section 21(f) of the

Environmental Protection Act

[415 ILCS 5/21(f)], or until applicable closure and

post-closure care responsibilities under this Part are fulfilled, and to those owners

and operators of facilities in existence on November 19, 1980, that have failed to

provide timely notification as required by Section 3010(a) of RCRA

(42 USC

6910(a)) or that have failed to file Part A of the Permit Application, as required by

40 CFR 270.10(e) and (g) or 35 Ill. Adm. Code 703.150 and 703.152. These

standards apply to all treatment, storage, or disposal of hazardous waste at these

facilities after November 19, 1980, except as specifically provided otherwise in this

Part or

in 35 Ill. Adm. Code 721.

BOARD NOTE: As stated in Section 3005(a) of RCRA

(42 USC 6905(a)), after

the effective date of regulations under that Section (i.e., 40 CFR 270 and 124) the

treatment, storage, or disposal of hazardous waste is prohibited except in

accordance with a permit. Section 3005(e) of RCRA

(42 USC 6905(e)) provides

for the continued operation of an existing facility that meets certain conditions until

final administrative disposition of the owner’s and operator’s permit application is

made.

35 Ill. Adm. Code 703.140 et seq. provide that a permit is deemed issued

under Section 21(f)(1) of the Environmental Protection Act under conditions

similar to federal interim status.

The requirements of this Part do not apply to

any of the following:

A person disposing of hazardous waste by means of ocean disposal subject

to a permit issued under the

federal Marine Protection, Research and

Sanctuaries Act (16

USC 1431-1434; 33 USC 1401 et seq.);

BOARD NOTE: This Part applies to the treatment or storage of hazardous

waste before it is loaded into an ocean vessel for incineration or disposal at

sea, as provided in subsection (b) of this Section.

This subsection

(c)(2) corresponds with 40 CFR 265.1(c)(2), marked

“reserved” by USEPA. This statement maintains structural consistency

with USEPA rules;

The owner or operator of a POTW (publicly owned treatment works) that

treats, stores, or disposes of hazardous waste;

BOARD NOTE: The owner or operator of a facility under subsections

(c)(1) and (c)(3) is subject to the requirements of 35 Ill. Adm. Code 724 to

the extent they are included in a permit by rule granted to such a person

under 35 Ill. Adm. Code 702 and 703 or are required by

Subpart F of 35 Ill.

Adm. Code 704.Subpart

This subsection

(c)(4) corresponds with 40 CFR 265.1(c)(4), which

pertains exclusively to the applicability of the federal regulations in

authorized states. There is no need for a parallel provision in the Illinois

regulations. This statement maintains structural consistency with USEPA

rules;

The owner or operator of a facility permitted, licensed, or registered by

Illinois to manage municipal or industrial solid waste, if the only hazardous

waste the facility treats, stores, or disposes of is excluded from regulation

under this Part by 35 Ill. Adm. Code 721.105;

The owner or operator of a facility managing recyclable materials described

in 35 Ill. Adm. Code 721.106(a)(2) through (a)(4), except to the extent that

requirements of this Part are referred to in

Subparts C, F, G, or H of 35 Ill.

Adm. Code 726.Subparts

C, F, G, or H or 35 Ill. Adm. Code 739;

A generator accumulating waste on-site in compliance with 35 Ill. Adm.

Code 722.134, except to the extent the requirements are included in 35 Ill.

Adm. Code 722.134;

A farmer disposing of waste pesticides from the farmer’s own use in

compliance with 35 Ill. Adm. Code 722.170;

The owner or operator of a totally enclosed treatment facility, as defined in

35 Ill. Adm. Code 720.110;

10)

The owner or operator of an elementary neutralization unit or a wastewater

treatment unit

, as defined in 35 Ill. Adm. Code 720.110, provided that if the

owner or operator is diluting hazardous ignitable (D001) wastes (other than

the D001 High TOC Subcategory defined in

Table T 35 Ill. Adm. Code

728.Table

T) or reactive (D003) waste in order to remove the characteristic

before land disposal, the owner or operator

shall must comply with the

requirements set

out forth in Section 725.117(b);

11)

Immediate response

Except as provided in subsection (c)(11)(B) of this Section, a person

engaged in treatment or containment activities during immediate

response to any of the following situations:

A discharge of a hazardous waste;

ii)

An imminent and substantial threat of a discharge of a

hazardous waste;

iii)

A discharge of a material that becomes a hazardous waste

when discharged; or

iv)

An immediate threat to human health, public safety,

property, or the environment from the known or suspected

presence of military munitions, other explosive material, or

an explosive device, as determined by an explosives or

munitions emergency response specialist as defined in 35

Ill. Adm. Code 720.110.

An owner or operator of a facility otherwise regulated by this Part

shall

must comply with all applicable requirements of Subparts C

and D of this Part.

Any person that is covered by subsection (c)(11)(A) of this Section

that continues or initiates hazardous waste treatment or containment

activities after the immediate response is over is subject to all

applicable requirements of this Part and 35 Ill. Adm. Code 702, 703,

and 705 for those activities;

In the case of an explosives or munitions emergency response, if a

federal, state, or local official acting within the scope of his or her

official responsibilities or an explosives or munitions emergency

response specialist determines that immediate removal of the

material or waste is necessary to protect human health or the

environment, that official or specialist may authorize the removal

of the material or waste by transporters that do not have USEPA

identification numbers and without the preparation of a manifest.

In the case of emergencies involving military munitions, the

responding military emergency response specialist’s organizational

unit

shall must retain records for three years identifying the dates

of the response, the responsible persons responding, the type and

description of material addressed, and its disposition;

12)

A transporter storing manifested shipments of hazardous waste in containers

meeting the requirements of 35 Ill. Adm. Code 722.130 at a transfer facility

for a period of ten days or less;

13)

The addition of absorbent material to waste in a container (as defined in 35

Ill. Adm. Code 720.110) or the addition of waste to the absorbent material in

a container, provided that these actions occur at the time that the waste is

first placed in the containers and Sections 725.117(b), 725.271, and 725.272

are complied with;

14)

A universal waste handler or universal waste transporter (as defined in 35

Ill. Adm. Code 720.110) that handles any of the wastes listed below is

subject to regulation under 35 Ill. Adm. Code 733 when handling the

following universal wastes:

Batteries, as described in 35 Ill. Adm. Code 733.102;

Pesticides, as described in 35 Ill. Adm. Code 733.103;

Thermostats, as described in 35 Ill. Adm. Code 733.104; and

Lamps, as described in 35 Ill. Adm. Code 733.105.

The following hazardous wastes must not be managed at facilities subject to

regulation under this Part: hazardous waste numbers F020, F021, F022, F023,

F026, or F027

, unless the following conditions are fulfilled:

The wastewater treatment sludge is generated in a surface impoundment as

part of the plant’s wastewater treatment system;

The waste is stored in tanks or containers;

The waste is stored or treated in waste piles that meet the requirements of 35

Ill. Adm. Code 724.350(c) and all other applicable requirements of Subpart

L of this Part;

The waste is burned in incinerators that are certified pursuant to the

standards and procedures in Section 725.452; or

The waste is burned in facilities that thermally treat the waste in a device

other than an incinerator and that are certified pursuant to the standards and

procedures in Section 725.483.

This Part applies to owners and operators of facilities that treat, store, or dispose of

hazardous wastes referred to in 35 Ill. Adm. Code 728, and the 35 Ill. Adm. Code

728 standards are considered material conditions or requirements of the interim

status standards of this Part.

35 Ill. Adm. Code 726.505 identifies when the requirements of this Part apply to

the storage of military munitions classified as solid waste under 35 Ill. Adm. Code

726.302. The treatment and disposal of hazardous waste military munitions are

subject to the applicable permitting, procedural, and technical standards in 35 Ill.

Adm. Code 702, 703, 705, 720 through 726, and 728.

Other bodies of regulations may apply to a person, facility, or activity, such as 35

Ill. Adm. Code 809 (special waste hauling), 35 Ill. Adm. Code 807 or 810 through

817 (solid waste landfills), 35 Ill. Adm. Code 848 or 849 (used and scrap tires), or

35 Ill. Adm. Code 1420 through 1422 (potentially infectious medical waste),

depending on the provisions of those other regulations.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.104

Imminent Hazard Action

Notwithstanding any other provisions of these regulations, enforcement actions may be brought

pursuant to Title VIII of the Illinois Environmental Protection Act

[415 ILCS 5/Title VIII].

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

SUBPART B: GENERAL FACILITY STANDARDS

Section 725.110

Applicability

The regulations in this Subpart

B apply to owners and operators of all hazardous waste facilities,

except as § Section 725.101 provides otherwise.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.111

USEPA Identification Number

Every facility owner or operator must apply to

EPA USEPA for an EPA USEPA identification

number in accordance with the

EPA USEPA notification procedures (45 FR 12746).

BOARD NOTE: USEPA Form 8700-12 is the required instructions and forms for notification.

The federal instructions require that an owner or operator file notice for an Illinois facility file

that notice with the Agency, Bureau of Land (telephone: 217-782-6762).

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.112

Required Notices

Receipt from a foreign source.

The owner or operator of a facility that has arranged to receive hazardous

waste from a foreign source must notify

the Regional Administrator the

Agency and USEPA Region 5 in writing at least four weeks in advance of

the date the waste is expected to arrive at the facility. Notice of

subsequent shipments of the same waste from the same foreign source is

not required.

The owner or operator of a recovery facility that has arranged to receive

hazardous waste subject to

Subpart H of 35 Ill. Adm. Code 722.Subpart H

must provide a copy of the tracking document bearing all required

signatures to the notifier, to the Office of Enforcement and Compliance

Assurance, Office of Compliance, Enforcement Planning, Targeting and

Data Division (2222A), Environmental Protection Agency, 401 M St.,

SW, Washington, DC 20460; to the Bureau of Land, Division of Land

Pollution Control, Illinois Environmental Protection Agency, P.O. Box

19276, Springfield, IL 62794-9276; and to the competent authorities of all

other concerned countries within three working days of receipt of the

shipment. The original of the signed tracking document must be

maintained at the facility for at least three years.

Before transferring ownership or operation of a facility during its operating life,

or of a disposal facility during the post-closure care period, the owner or operator

must notify the new owner or operator in writing of the requirements of this Part

and 35 Ill. Adm. Code 702 and 703 (also see 35 Ill. Adm. Code 703.155).

BOARD NOTE: An owner’s or operator’s failure to notify the new owner or

operator of the requirements of this Part in no way relieves the new owner or

operator of his obligation to comply with all applicable requirements.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.113

General Waste Analysis

Waste analysis:

Before an owner or operator treats, stores, or disposes of any hazardous

wastes, or non-hazardous wastes if applicable under Section 725.213(d),

the owner or operator

shall must obtain a detailed chemical and physical

analysis of a representative sample of the wastes. At a minimum, the

analysis must contain all the information that must be known to treat,

store, or dispose of the waste in accordance with this Part and 35 Ill. Adm.

Code 728.

The analysis may include data developed under 35 Ill. Adm. Code 721 and

existing published or documented data on the hazardous waste or on waste

generated from similar processes.

BOARD NOTE: For example, the facility’s record of analyses performed

on the waste before the effective date of these regulations or studies

conducted on hazardous waste generated from processes similar to that

which generated the waste to be managed at the facility may be included

in the data base required to comply with subsection (a)(1) of this Section,

except as otherwise specified in 35 Ill. Adm. Code 728.107(b) and (c).

The owner or operator of an off-site facility may arrange for the generator

of the hazardous waste to supply part or all of the information required by

subsection (a)(1) of this Section. If the generator does not supply the

information and the owner or operator chooses to accept a hazardous

waste, the owner or operator is responsible for obtaining the information

required to comply with this Section.

The analysis must be repeated as necessary to ensure that it is accurate and

up to date. At a minimum, the analysis must be repeated

as follows:

When the owner or operator is notified or has reason to believe

that the process or operation generating the hazardous waste, or

non-hazardous waste if applicable under Section 725.213(d), has

changed; and

For off-site facilities, when the results of the inspection required in

subsection (a)(4) of this Section indicate that the hazardous waste

received at the facility does not match the waste designated on the

accompanying manifest or shipping paper.

The owner or operator of an off-site facility shall must inspect and, if

necessary, analyze each hazardous waste movement received at the

facility to determine whether it matches the identity of the waste specified

on the accompanying manifest or shipping paper.

The owner or operator

shall must develop and follow a written waste analysis

plan that describes the procedures that the owner or operator will carry out to

comply with subsection (a) of this Section. The owner or operator

shall must

keep this plan at the facility. At a minimum, the plan must specify

the following:

The parameters for which each hazardous waste, or non-hazardous waste

if applicable under Section 725.213(d), will be analyzed and the rationale

for the selection of these parameters (i.e., how analysis for these

parameters will provide sufficient information on the waste’s properties to

comply with subsection (a) of this Section)

The test methods that will be used to test for these parameters.

The sampling method that will be used to obtain a representative sample

of the waste to be analyzed. A representative sample may be obtained

using either

of the following methods:

One of the sampling methods described in

Appendix A to 35 Ill.

Adm. Code 721.Appendix

A, or

An equivalent sampling method.

BOARD NOTE: See 35 Ill. Adm. Code 720.120(c) for related discussion.

The frequency with which the initial analysis of the waste will be

reviewed or repeated to ensure that the analysis is accurate and up-to-date.

For off-site facilities, the waste analyses that hazardous waste generators

have agreed to supply.

Where applicable, the methods that will be used to meet the additional

waste analysis requirements for specific waste management methods, as

specified in Sections 725.300, 725.325, 725.352, 725.373, 725.414,

725.441, 725.475, 725.502, 725.934(d), 725.963(d), and 725.984

, and 35

Ill. Adm. Code 728.107.

For surface impoundments exempted from land disposal restrictions under

35 Ill. Adm. Code 728.104(a), the procedures and schedules for

the

following:

The sampling of impoundment contents;

The analysis of test data; and

The annual removal of residues that are not delisted under 35 Ill.

Adm. Code 720.122 or that exhibit a characteristic of hazardous

waste and either

of the following is true:

Do The waste residues do not meet the applicable treatment

standards of

Subpart D of 35 Ill. Adm. Code 728.Subpart

D, or

ii)

Where no treatment standards have been established

: Such,

the waste residues are prohibited from land disposal under

35 Ill. Adm. Code 728.132 or 728.139.

For

Owners and operators an owner or operator seeking an exemption to

the air emission standards of

724.Subpart CC Subpart CC of 35 Ill. Adm.

Code 724 in accordance with Section 725.983:

If direct measurement is used for the waste determination, the

procedures and schedules for waste sampling and analysis, and the

analysis of test data to verify the exemption.

If knowledge of the waste is used for the waste determination, any

information prepared by the facility owner or operator, or by the

generator of the waste if the waste is received from off-site, that is

used as the basis for knowledge of the waste.

For off-site facilities, the waste analysis plan required in subsection (b) of this

Section must also specify the procedures that will be used to inspect and, if

necessary, analyze each movement of hazardous waste received at the facility to

ensure that it matches the identity of the waste designated on the accompanying

manifest or shipping paper. At a minimum, the plan must describe

the following:

The procedures that will be used to determine the identity of each

movement of waste managed at the facility;

The sampling method that will be used to obtain a representative sample

of the waste to be identified if the identification method includes

sampling; and

The procedures that the owner or operator of an off-site landfill receiving

containerized hazardous waste will use to determine whether a hazardous

waste generator or treater has added a biodegradable sorbent to the waste

in the container.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.114

Security

The owner or operator must prevent the unknowing entry and minimize the

possibility for the unauthorized entry of persons or livestock onto the active

portion of his facility, unless

the following are true:

Physical contact with the waste, structures, or equipment of the active

portion of the facility will not injure unknowing or unauthorized persons

or livestock that may enter the active portion of the facility; and

Disturbance of the waste or equipment by the unknowing or unauthorized

entry of persons or livestock onto the active portion of a facility will not

cause a violation of the requirements of this Part.

Unless exempt under subsections (a)(1) and (a)(2)

above of this Section, a facility

must have

the following:

A 24-hour surveillance system (e.g., television monitoring or surveillance

by guards or facility personnel) that continuously monitors and controls

entry into the active portion of the facility; or

Controlled access, including the following minimum elements:

An artificial or natural barrier (e.g., a fence in good repair or a

fence combined with a cliff) that completely surrounds the active

portion of the facility; and

A means to control entry at all times through the gates or other

entrances to the active portion of the facility (e.g., an attendant,

television monitors, locked entrance, or controlled roadway access

to the facility).

BOARD NOTE: The requirements of subsection (b)

above of this Section

are satisfied if the facility or plant within which the active portion is

located itself has a surveillance system or a barrier and a means to control

entry that complies with the requirements of subsection (b)(1) or (b)(2)

this Section.

Unless exempt under subsection (a)(1) or (a)(2)

above of this Section, a sign with

the legend, “Danger--Unauthorized Personnel Keep Out,” must be posted at each

entrance to the active portion of a facility and at other locations in sufficient

numbers to be seen from any approach to this active portion. The sign must be

legible from a distance of at least 25 feet. Existing signs with a legend other than

“Danger--Unauthorized Personnel Keep Out” may be used if the legend on the

sign indicates that only authorized personnel are allowed to enter the active

portion and that entry onto the active portion can be dangerous.

BOARD NOTE: See Section 725.217(b) for discussion of security requirements

at disposal facilities during the post-closure care period.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.115

General Inspection Requirements

The owner or operator

shall must inspect the facility for malfunctions and

deterioration, operator errors and discharges that may be causing--or may lead

to--the conditions listed below. The owner or operator

shall must conduct these

inspections often enough to identify problems in time to correct them before they

harm human health or the environment.

Release of hazardous waste constituents to the environment, or

A threat to human health.

Written schedule.

The owner or operator

shall must develop and follow a written schedule

for inspecting all monitoring equipment, safety and emergency equipment,

security devices, and operating and structural equipment (such as dikes

and sump pumps) that are important to preventing, detecting, or

responding to environmental or human health hazards.

The owner or operator

shall must keep this schedule at the facility.

The schedule must identify the types of problems (e.g., malfunctions or

deterioration) that are to be looked for during the inspection (e.g.,

inoperative sump pump, leaking fitting, eroding dike, etc.).

The frequency of inspection may vary for the items on the schedule.

However, the frequency should be based on the rate of deterioration of the

equipment and the probability of an environmental or human health

incident if the deterioration, malfunction, or any operator error goes

undetected between inspections. Areas subject to spills, such as loading

and unloading areas, must be inspected daily when in use. At a minimum,

the inspection schedule must include the items and frequencies called for

in Sections 725.274, 725.293, 725.295, 725.326, 725.360, 725.378,

725.404, 725.447, 725.477, 725.503, 725.933, 725.952, 725.953, 725.958,

and 725.984 through 725.990, where applicable.

The owner or operator

shall must remedy any deterioration or malfunction of

equipment or structure that the inspection reveals on a schedule which that

ensures that the problem does not lead to an environmental or human health

hazard. Where a hazard is imminent or has already occurred, remedial action

must be taken immediately.

The owner or operator

shall must record inspections in an inspection log or

summary. The owner or operator

shall must keep these records for at least three

years from the date of inspection. At a minimum, these records must include the

date and time of the inspection, the name of the inspector, a notation of the

observations made and the date, and nature of any repairs or other remedial

actions.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.116

Personnel Training

Personnel training program.

Facility personnel must successfully complete a program of classroom

instruction or on-the-job training that teaches them to perform their duties

in a way that ensures the facility’s compliance with the requirements of

this part. The owner or operator must ensure that this program includes all

the elements described in the document required under

paragraph

subsection (d)(3) of this section Section.

This program must be directed by a person trained in hazardous waste

management procedures, and must include instruction

which that teaches

facility personnel hazardous waste management procedures (including

contingency plan implementation) relevant to the positions in which they

are employed.

At a minimum, the training program must be designed to ensure that

facility personnel are able to respond effectively to emergencies by

familiarizing them with emergency procedures, emergency equipment and

emergency systems, including

the following where applicable:

Procedures for using, inspecting, repairing and replacing facility

emergency and monitoring equipment;

Key parameters for automatic waste feed cut-off systems;

Communications or alarm systems;

Response to fires or explosions;

Response to groundwater contamination incidents; and

Shutdown of operations.

Facility personnel must successfully complete the program required in

paragraph

subsection (a) of this section Section upon the effective date of these regulations

or six months after the date of their employment or assignment to a facility or to a

new position at a facility, whichever is later. Employees hired after the effective

date of these regulations must not work in unsupervised positions until they have

completed the training requirements of

paragraph subsection (a) of this section

Section

Facility personnel must take part in an annual review of the initial training

required in

paragraph subsection (a) of this section Section.

The owner or operator must maintain the following documents and records at the

facility:

The job title for each position at the facility related to hazardous waste

management and the name of the employee filling each job;

A written job description for each position listed under

paragraph

subsection (d)(1) of this section Section. This description may be

consistent in its degree of specificity with descriptions for other similar

positions in the same company location or bargaining unit, but must

include the requisite skill, education

, or other qualifications and duties of

facility personnel assigned to each position;

A written description of the type and amount of both introductory and

continuing training that will be given to each person filling a position

listed under

paragraph subsection (d)(1) of this section Section;

Records that document that the training or job experience required under

paragraph subsections (a), (b), and (c) of this section Section has been

given to and completed by facility personnel.

Training records on current personnel must be kept until closure of the facility.

Training records on former employees must be kept for at least three years from

the date the employee last worked at the facility. Personnel training records may

accompany personnel transferred within the same company.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.117

General Requirements for Ignitable, Reactive, or Incompatible Wastes

The owner or operator must take precautions to prevent accidental ignition or

reaction of ignitable or reactive waste. This waste must be separated and

protected from sources of ignition or reaction, including, but not limited to, open

flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static,

electrical or mechanical), spontaneous ignition (e.g., from heat-producing

chemical reactions), and radiant heat. While ignitable or reactive waste is being

handled, the owner or operator must confine smoking and open flame to specially

designated locations. “No Smoking” signs must be conspicuously placed

wherever there is a hazard from ignitable or reactive waste.

Where specifically required by other Sections of this Part, the treatment, storage,

or disposal of ignitable or reactive waste and the mixture or commingling of

incompatible waste or incompatible wastes and materials, must be conducted so

that it does not

do any of the following:

Generate It does not generate extreme heat or pressure, fire or explosion,

or violent reaction;

Produce It does not produce uncontrolled toxic mists, fumes, dusts, or

gases in sufficient quantities to threaten human health;

Produce It does not produce uncontrolled flammable fumes or gases in

sufficient quantities to pose a risk of fire or explosions;

Damage It does not damage the structural integrity of the device or facility

containing the waste; or

Through other like means,

it does not threaten human health or the

environment.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.118

Location Standards

The placement of any hazardous waste in a salt dome, salt bed formation, underground mine

, or

cave is prohibited.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.119

Construction Quality Assurance Program

CQA program.

A construction quality assurance (CQA) program is required for all

surface impoundment, waste pile and landfill units that are required to

comply with Sections 725.321(a), 725.354

, and 725.401(a). The program

must ensure that the constructed unit meets or exceeds all design criteria

and specifications in this Part. The program must be developed and

implemented under the direction of a CQA officer who that is a registered

professional engineer.

The CQA program must address the following physical components,

where applicable:

Foundations;

Dikes;

Low-permeability soil liners;

Geomembranes (flexible membrane liners);

Leachate collection and removal systems and leak detection

systems; and

Final cover systems.

Written CQA plan. Before construction begins on a unit subject to the CQA

program under subsection (a)

above of this Section, the owner or operator shall

must

develop a written CQA plan. The plan must identify steps that will be used

to monitor and document the quality of materials and the condition and manner of

their installation. The CQA plan must include

the following:

Identification of applicable units and a description of how they will be

constructed.

Identification of key personnel in the development and implementation of

the CQA plan, and CQA officer qualifications.

A description of inspection and sampling activities for all unit components

identified in subsection (a)(2)

above of this Section, including

observations and tests that will be used before, during and after

construction to ensure that the construction materials and the installed unit

components meet the design specifications. The description must cover:

Sampling size and locations; frequency of testing; data evaluation

procedures; acceptance and rejection criteria for construction materials;

plans for implementing corrective measures; and data or other information

to be recorded and retained in the operating record under Section 725.173.

Contents of program.

The CQA program must include observations, inspections, tests and

measurements sufficient to ensure

the following:

Structural stability and integrity of all components of the unit

identified in subsection (a)(2)

above of this Section;

Proper construction of all components of the liners, leachate

collection and removal system, leak detection system

, and final

cover system, according to permit specifications and good

engineering practices, and proper installation of all components

(e.g., pipes) according to design specifications;

Conformity of all materials used with design and other material

specifications under 35 Ill. Adm. Code 724.321, 724.351

, and

724.401.

The CQA program

shall must include test fills for compacted soil liners,

using the same compaction methods as in the full-scale unit, to ensure that

the liners are constructed to meet the hydraulic conductivity requirements

of 35 Ill. Adm. Code 724.321(c)(1), 724.351(c)(1)

, or 724.401(c)(1) in the

field. Compliance with the hydraulic conductivity requirements must be

verified by using in-situ testing on the constructed test fill. The test fill

requirement is waived where data are sufficient to show that a constructed

soil liner meets the hydraulic conductivity requirements of 35 Ill. Adm.

Code 724.321(c)(1), 724.354(c)(1)

, or 724.401(c)(1) in the field.

Certification. The owner or operator of units subject to this Section must submit

to the Agency by certified mail or hand delivery, at least 30 days prior to

receiving waste, a certification signed by the CQA officer that the CQA plan has

been successfully carried out and that the unit meets the requirements of Sections

725.321(a), 725.354

, or 725.401(a). The owner or operator may receive waste in

the unit after 30 days from the Agency’s receipt of the CQA certification unless

the Agency determines in writing that the construction is not acceptable, or

extends the review period for a maximum of 30 more days, or seeks additional

information from the owner or operator during this period. Documentation

supporting the CQA officer’s certification must be furnished to the Agency upon

request.

Final Agency determinations pursuant to this Section are deemed to be permit

denials for purposes of appeal to the Board pursuant to Section 40 of the

Environmental Protection Act

[415 ILCS 5/40].

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

SUBPART C: PREPAREDNESS AND PREVENTION

Section 725.130

Applicability

The regulations in this

subpart Subpart C apply to owners and operators of all hazardous waste

facilities, except as § Section 725.101 provides otherwise.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.131

Maintenance and Operation of Facility

Facilities must be maintained and operated to minimize the possibility of a fire, explosion or any

unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to

air, soil

, or surface water which that could threaten human health or the environment.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.132

Required Equipment

All facilities must be equipped with the following, unless none of the hazards posed by waste

handled at the facility could require a particular kind of equipment specified below:

An internal communications or alarm system capable of providing immediate

emergency instruction (voice or signal) to facility personnel;

A device, such as a telephone (immediately available at the scene of operations)

or a hand-held two-way radio, capable of summoning emergency assistance from

local police departments, fire departments

, or State or local emergency response

teams;

Portable fire extinguishers, fire control equipment (including special

extinguishing equipment, such as that using foam, inert gas

, or dry chemicals),

spill control equipment and decontamination equipment; and

Water at adequate volume and pressure to supply water hose streams or foam

producing equipment or automatic sprinklers or water spray systems.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.133

Testing and Maintenance of Equipment

All facility communications or alarm systems, fire protection equipment, spill control equipment

and decontamination equipment, where required, must be tested and maintained as necessary to

assure its proper operation in time of emergency.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.134

Access to Communications or Alarm System

Whenever hazardous waste is being poured, mixed, spread

, or otherwise handled,

all personnel involved in the operation must have immediate access to an internal

alarm or emergency communication device, either directly or through visual or

voice contact with another employee, unless such a device is not required under

Section 725.132.

If there is ever just one employee on the premises while the facility is operating,

he must have immediate access to a device, such as a telephone (immediately

available at the scene of operation) or a hand-held two-way radio, capable of

summoning external emergency assistance, unless such a device is not required

under

§ Section 725.132.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.135

Required Aisle Space

The owner or operator must maintain aisle space to allow the unobstructed movement of

personnel, fire protection equipment, spill control equipment

, and decontamination equipment to

any area of facility operation in an emergency, unless aisle space is not needed for any of these

purposes.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.137

Arrangements with Local Authorities

The owner or operator must attempt to make the following arrangements, as

appropriate for the type of waste handled at his facility and the potential need for

the services of

these the following organizations:

Arrangements to familiarize police, fire departments

, and emergency

response teams with the layout of the facility, properties of hazardous

waste handled at the facility and associated hazards, places where facility

personnel would normally be working, entrances to roads inside the

facility and possible evacuation routes;

Where more than one police and fire department might respond to an

emergency, agreements designating primary emergency authority to a

specific police and a specific fire department and agreements with any

others to provide support to the primary emergency authority;

Agreements with State emergency response teams, emergency response

contractors

, and equipment suppliers; and

Arrangements to familiarize local hospitals with the properties of

hazardous waste handled at the facility and the types of injuries or

illnesses

which that could result from fires, explosions, or releases at the

facility.

Where state or local authorities decline to enter into such arrangements, the owner

or operator must document the refusal in the operating record.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

SUBPART D: CONTINGENCY PLAN AND EMERGENCY PROCEDURES

Section 725.150

Applicability

The regulations in this Subpart

D apply to owners and operators of all hazardous waste facilities,

except as Section 725.101 provides otherwise.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.151

Purpose and Implementation of Contingency Plan

Each owner or operator must have a contingency plan for his facility. The

contingency plan must be designed to minimize hazards to human health or

the.environment the environment from fires, explosions, or any unplanned sudden

or non-sudden release of hazardous waste or hazardous waste constituents to air,

soil

, or surface water.

The provisions of the plan must be carried out immediately whenever there is a

fire, explosion

, or release of hazardous waste or hazardous waste constituents

which

that could threaten human health or the environment.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.152

Content of Contingency Plan

The contingency plan must describe the actions facility personnel must take to

comply with Sections 725.151 and 725.156 in response to fires, explosions, or

any unplanned sudden or non-sudden release of hazardous waste or hazardous

waste constituents to air, soil, or surface water at the facility.

If the owner or operator has already prepared a

federal Spill Prevention Control

and Countermeasures (SPCC) Plan in accordance with 40 CFR Part 112 or 300,

or some other emergency or contingency plan, it needs only amend that plan to

incorporate hazardous waste management provisions that are sufficient to comply

with the requirements of this Part.

The plan must describe arrangements agreed to by local police department, fire

departments, hospitals, contractors, and state and local emergency response teams

to coordinate emergency services, pursuant to Section 725.137.

The plan must list names, addresses, and phone numbers (office and home) of all

100

persons qualified to act as emergency coordinator (see Section 725.155), and this

list must be kept up to date. Where more than one person is listed one must be

named as primary emergency coordinator and others must be listed in the order in

which they will assume responsibility as alternates.

The plan must include a list of all emergency equipment at the facility

[(such as

fire extinguishing systems, spill control equipment, communications and alarm

systems (internal and external), and decontamination equipment])

where this

equipment is required. This list must be kept up to date. In addition, the plan

must include the location and a physical description of each item on the list and a

brief outline of its capabilities.

The plan must include an evacuation plan for facility personnel where there is a

possibility that evacuation could be necessary. This plan must describe

signal(s)

signals to be used to begin evacuation, evacuation routes, and alternate evacuation

routes (in cases where the primary routes could be blocked by releases of

hazardous waste or fires).

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.153

Copies of Contingency Plan

A copy of the contingency plan and all revisions to the plan must be

disposed as follows:

Maintained They must be maintained at the facility; and

Submitted They must be submitted to all local police departments, fire

departments, hospitals

, and state and local emergency response teams that may be

called upon to provide emergency services.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.154

Amendment of Contingency Plan

The contingency plan must be reviewed and immediately amended, if necessary, whenever

any

of the following occurs:

Applicable regulations are revised;

The plan fails in an emergency;

The facility changes--in its design, construction, operation, maintenance

, or other

circumstances--in a way that materially increases the potential for fires,

explosions

, or releases of hazardous waste or hazardous waste constituents or

changes the response necessary in an emergency;

101

The list of emergency coordinators changes; or

The list of emergency equipment changes.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.155

Emergency Coordinator

At all times, there must be at least one employee either on the facility 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. This emergency

coordinator must be thoroughly familiar with all aspects of the facility’s contingency plan, all

operations and activities at the facility, the location and characteristics of waste handled, the

location of all records within the facility and the facility layout. In addition, this person must

have the authority to commit the resources needed to carry out the contingency plan.

Comment: BOARD NOTE: The emergency coordinator’s responsibilities are more fully

spelled out in

§ Section 725.156. Applicable responsibilities for the emergency coordinator

vary, depending on factors such as type and variety of

waste(s) wastes handled by the facility

and type and complexity of the facility.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.156

Emergency Procedures

Whenever there is an imminent or actual emergency situation, the emergency

coordinator (or his designee when the emergency coordinator is on call)

shall

must

immediately do the following:

Activate internal facility alarms or communication systems, where

applicable, to notify all facility personnel; and

Notify appropriate state or local agencies with designated response roles if

their help is needed.

Whenever there is a release, fire, or explosion, the emergency coordinator

shall

must

immediately identify the character, exact source, amount, and a real extent

of any released materials. He or she may do this by observation or review of

facility records or manifests and, if necessary, by chemical analysis.

Concurrently, the emergency coordinator

shall must assess possible hazards to

human health or the environment that may result from the release, fire, or

explosion. This assessment must consider both direct and indirect effects of the

release, fire, or explosion (e.g., the effects of any toxic, irritating, or asphyxiating

gases that are generated, or the effects of any hazardous surface water runoffs

from water or chemical agents used to control fire and heat-induced explosions).

102

If the emergency coordinator determines that the facility has had a release, fire, or

explosion that could threaten human health or the environment outside the

facility, he or she

shall must report his findings as follows:

If his assessment indicates that evacuation of local areas may be advisable,

he or she shall the emergency coordinator must immediately notify

appropriate local authorities. He or she must be available to help

appropriate officials decide whether local areas should be evacuated; and

He or she shall The emergency coordinator must immediately notify either

the government official designated as the on-scene coordinator for that

geographical area (in the applicable regional contingency plan under 40

CFR 300), or the National Response Center (using their 24-hour toll free

number 800-424-8802). The report must include

the following:

Name The name and telephone number of reporter;

Name The name and address of facility;

Time The time and type of incident (e.g., release, fire);

Name The name and quantity of materials involved, to the extent

known;

The extent of injuries, if any; and

The possible hazards to human health or the environment outside

the facility.

During an emergency the emergency coordinator

shall must take all reasonable

measures necessary to ensure that fires, explosions, and releases do not occur,

recur, or spread to other hazardous waste at the facility. These measures must

include, where applicable, stopping processes and operations, collecting and

containing released waste, and removing or isolating containers.

If the facility stops operations in response to a fire, explosion or release, the

emergency coordinator

shall must monitor for leaks, pressure buildup, gas

generation, or ruptures in valves, pipes, or other equipment, wherever this is

appropriate.

Immediately after an emergency, the emergency coordinator

shall must provide

for treating, storing, or disposing of recovered waste, contaminated soil, or

surface water, or any other material that results from a release, fire, or explosion

at the facility.

103

BOARD NOTE: Unless the owner or operator can demonstrate in accordance

with

Section 35 Ill. Adm. Code 721.103(d) or (e) that the recovered material is

not a hazardous waste, the owner or operator becomes a generator of hazardous

waste and

shall must manage it in accordance with all applicable requirements of

Parts 35 Ill. Adm. Code 722, 723, and 725.

The emergency coordinator

shall must ensure that, in the affected areas of the

facility

, the following occur:

No waste that may be incompatible with the released material is treated,

stored, or disposed of until cleanup procedures are completed; and

All emergency equipment listed in the contingency plan is cleaned and fit

for its intended use before operations are resumed.

The owner or operator

shall must notify the Director Agency and other

appropriate state and local authorities that the facility is in compliance with

subsection (h)

above of this Section before operations are resumed in the affected

areas of the facility.

The owner or operator

shall must note in the operating record the time, date, and

details of any incident that requires implementing the contingency plan. Within

15 days after the incident, it

shall must submit a written report on the incident to

the

Director Agency. The report must include the following information:

Name, The name, address, and telephone number of the owner or operator;

Name, The name, address, and telephone number of the facility;

Date, The date, time, and type of incident (e.g., fire, explosion, etc.);

Name The name and quantity of materials involved;

The extent of injuries, if any;

An assessment of actual or potential hazards to human health or the

environment, where this is applicable; and

Estimated The estimated quantity and disposition of recovered material

that resulted from the incident.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

104

SUBPART E: MANIFEST SYSTEM, RECORDKEEPING

AND

REPORTING

Section 725.170

Applicability

The regulations in this

subpart Subpart E apply to owners and operators of both on-site and off-

site facilities, except as Section 725.101 provides otherwise. Sections 725.171, 725.172

, and

725.176 do not apply to owners and operators of on-site facilities that do not receive any

hazardous waste from off-site sources, nor do they apply to owners and operators of off-site

facilities with respect to waste military munitions exempted from manifest requirements under

35 Ill. Adm. Code 726.303(a).

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.171

Use of Manifest System

If a facility receives hazardous waste accompanied by a manifest, the owner or

operator or

his its agent must do each of the following:

Sign and date each copy of the manifest to certify that the hazardous waste

covered by the manifest was received;

Note any significant discrepancies in the manifest, as defined in Section

725.172(a), on each copy of the manifest;

BOARD NOTE: An owner or operator of a facility whose procedures

under Section 725.113(c) include waste analysis need not perform that

analysis before signing the manifest and giving it to the transporter.

Section 725.172(b), however, requires the owner or operator to report any

unreconciled discrepancy discovered during later analysis.

Immediately give the transporter at least one copy of the signed manifest;

Send a copy of the manifest to the generator and the Agency within 30

days of the date of delivery; and

Retain at the facility a copy of each manifest for at least three years from

the date of delivery.

If a facility receives from a rail or water (bulk shipment) transporter hazardous

waste that is accompanied by a shipping paper containing all the information

required on the manifest (excluding the USEPA identification numbers,

generator’s generators certification, and signatures), the owner or operator or its

agent must

do each of the following:

Sign and date each copy of the manifest or shipping paper (if the manifest

105

has not been received) to certify that the hazardous waste covered by the

manifest or shipping paper was received;

Note any significant discrepancies, as defined in Section 725.172(a), in

the manifest or shipping paper (if the manifest has not been received) on

each copy of the manifest or shipping paper;

BOARD NOTE: The owner or operator of a facility whose procedures

under Section 725.113(c) include waste analysis need not perform that

analysis before signing the shipping paper and giving it to the transporter.

Section 725.172(b), however, requires reporting an unreconciled

discrepancy discovered during later analysis.

Immediately give the rail or water (bulk shipment) transporter at least one

copy of the manifest or shipping paper (if the manifest has not been

received);

Send a copy of the signed and dated manifest to the generator and to the

Agency within 30 days after the delivery; however, if the manifest has not

been received within 30 days after delivery, the owner or operator, or

his

its agent, must send a copy of the shipping paper signed and dated to the

generator; and

BOARD NOTE: 35 Ill. Adm. Code 722.123(c) requires the generator to

send three copies of the manifest to the facility when hazardous waste is

sent by rail or water (bulk shipment).

Retain at the facility a copy of the manifest and shipping paper (if signed

in lieu of the manifest at the time of delivery) for at least three years from

the date of delivery.

Whenever a shipment of hazardous waste is initiated from a facility, the owner or

operator of that facility must comply with the requirements of 35 Ill. Adm. Code

722.

BOARD NOTE: The provisions of 35 Ill. Adm. Code 722.134 are applicable to

the on-site accumulation of hazardous wastes by generators. Therefore, the

provisions of 35 Ill. Adm. Code 722.134 apply only to owners or operators that

are shipping hazardous waste

that which they generated at that facility.

Within three working days of the receipt of a shipment subject to

Subpart H of 35

Ill. Adm. Code 722.Subpart

H, the owner or operator of the facility must provide

a copy of the tracking document bearing all required signatures to the notifier; to

the Office of Enforcement and Compliance Assurance, Office of Compliance,

Enforcement Planning, Targeting and Data Division (2222A), Environmental

Protection Agency, 401 M St., SW, Washington, DC 20460; to the Bureau of

106

Land, Division of Land Pollution Control, Illinois Environmental Protection

Agency, P.O. Box 19276, Springfield, IL 62794-9276; and to competent

authorities of all other concerned countries. The original copy of the tracking

document must be maintained at the facility for at least three years from the date

of signature.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.172

Manifest Discrepancies

Manifest discrepancies are differences between the quantity or type of hazardous

waste designated on the manifest or shipping paper and the quantity or type of

hazardous waste a facility actually receives.

Significant discrepancies in quantity are

defined as follows:

For bulk waste, variations greater than 10 percent in weight, and

For batch waste, any variation in piece count, such as a discrepancy of one

drum in a truckload.

Significant discrepancies in type are obvious differences

which that can be

discovered by inspection or waste analysis, such as waste solvent substituted for

waste acid or toxic constituents not reported on the manifest or shipping paper.

Upon discovering a significant discrepancy, the owner or operator must attempt to

reconcile the discrepancy with the waste generator or transporter (e.g., with

telephone conversations). If the discrepancy is not resolved within 15 days after

receiving the waste, the owner or operator must immediately submit to the

Director

Agency a letter describing the discrepancy and attempts to reconcile it

and a copy of the manifest or shipping paper at issue.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.173

Operating Record

The owner or operator

shall must keep a written operating record at the facility.

The following information must be recorded as it becomes available and

maintained in the operating record until closure of the facility

A description and the quantity of each hazardous waste received and the

method or methods and date or dates of its treatment, storage, or disposal

at the facility

, as required by Section 725.Appendix A to this Part;

The location of each hazardous waste within the facility and the quantity

107

at each location. For disposal facilities the location and quantity of each

hazardous waste must be recorded on a map or diagram of each cell or

disposal area. For all facilities this information must include cross-

references to specific manifest document numbers if the waste was

accompanied by a manifest;

BOARD NOTE: See Sections 725.219, 725.379, and 725.409 for related

requirements.

Records and results of waste analysis, waste determinations, and trial tests

performed

, as specified in Sections 725.113, 725.300, 725.325, 725.352,

725.373, 725.414, 725.441, 725.475, 725.502, 725.934, 725.963, and

725.984 and 35 Ill. Adm. Code 728.104(a) and 728.107;

Summary reports and details of all incidents that require implementing the

contingency plan

, as specified in Section 725.156(j);

Records and results of inspections

, as required by Sections Section

725.115(d) (except these data need be kept only three years);

Monitoring, testing, or analytical data

, where required by Subpart F of this

Part or Sections 725.119, 725.190, 725.194, 725.291, 725.293, 725.295,

725.322, 725.323, 725.326, 725.355, 725.359, 725.360, 725.376, 725.378,

725.380(d)(1), 725.402 through 725.404, 725.447, 725.477, 725.934(c)

through (f), 725.935, 725.963(d) through (i), 725.964, and 725.1083

through 725.990;

BOARD NOTE: As required by Section 725.194, monitoring data at

disposal facilities must be kept throughout the post-closure period.

All closure cost estimates under Section 725.242 and, for disposal

facilities, all post-closure cost estimates under Section 725.244;

Records of the quantities (and date of placement) for each shipment of

hazardous waste placed in land disposal units under an extension of the

effective date of any land disposal restriction granted pursuant to 35 Ill.

Adm. Code 728.105, a petition pursuant to 35 Ill. Adm. Code 728.106, or

a certification under 35 Ill. Adm. Code 728.108 and the applicable notice

required of a generator under 35 Ill. Adm. Code 728.107(a);

For an off-site treatment facility, a copy of the notice and the certification

and demonstration, if applicable, required of the generator or the owner or

operator under 35 Ill. Adm. Code 728.107 or 728.108;

10)

For an on-site treatment facility, the information contained in the notice

(except the manifest number) and the certification and demonstration, if

108

applicable, required of the generator or the owner or operator under 35 Ill.

Adm. Code 728.107 or 728.108;

11)

For an off-site land disposal facility, a copy of the notice and the

certification and demonstration, if applicable, required of the generator or

the owner or operator of a treatment facility under 35 Ill. Adm. Code

728.107 or 728.108;

12)

For an on-site land disposal facility, the information contained in the

notice required of the generator or owner or operator of a treatment

facility under 35 Ill. Adm. Code 728.107, except for the manifest number,

and the certification and demonstration, if applicable, required under 35

Ill. Adm. Code 728.107 or 728.108;

13)

For an off-site storage facility, a copy of the notice and the certification

and demonstration, if applicable, required of the generator or the owner or

operator under 35 Ill. Adm. Code 728.107 or 728.108; and

14)

For an on-site storage facility, the information contained in the notice

(except the manifest number) and the certification and demonstration, if

applicable, required of the generator or the owner or operator under 35 Ill.

Adm. Code 728.107 or 728.108.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.174

Availability, Retention

, and Disposition of Records

All records, including plans, required under this part must be furnished upon

request and made available at all reasonable times for inspection by any officer,

employee

, or representative of the Agency who that is duly designated by the

Director

Agency.

The retention period for all records required under this Part is extended

automatically during the course of any unresolved enforcement action regarding

the facility or as requested by the

Director Agency.

A copy of records of waste disposal locations and quantities under Section

725.173(b)(2) must be submitted to the

Director Agency and local land authority

upon closure of the facility (see Section 725.219).

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.175

Annual Report

The owner and operator

shall must prepare and submit a single copy of an annual report to the

Agency by March 1 of each year. The report form and instructions supplied by the Agency must

109

be used for this report. The annual report must cover facility activities during the previous

calendar year and must include the following information:

The USEPA identification number (Section 725.111), name

, and address of the

facility;

The calendar year covered by the report;

For off-site facilities, the USEPA identification number of each hazardous waste

generator from which the facility received a hazardous waste during the year; for

imported shipments, the report must give the name and address of the foreign

generator;

A description and the quantity of each hazardous waste the facility received

during the year. For off-site facilities this information must be listed by USEPA

identification number of each generator;

The method of treatment, storage

, or disposal for each hazardous waste;

Monitoring data under Section 725.194(a)(2)(B)

, and (a)(2)(C), and (b)(2), where

required;

The most recent closure cost estimate under Section 725.242 and for disposal

facilities the most recent post-closure cost estimate under Section 725.244;

For generators

which that treat, store, or dispose of hazardous waste on-site, a

description of the efforts undertaken during the year to reduce the volume and

toxicity of the waste generated;

For generators

which that treat, store, or dispose of hazardous waste on-site, a

description of the changes in volume and toxicity of waste actually achieved

during the year in comparison to previous years, to the extent such information is

available for years prior to 1984; and

The certification signed by the owner or operator of the facility or the owner or

operator’s authorized representative.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.176

Unmanifested Waste Report

If a facility accepts for treatment, storage

, or disposal any hazardous waste from an off-site

source without an accompanying manifest or without an accompanying shipping paper

, as

described in 35 Ill. Adm. Code 723.120(e)(2)

, and, if the waste is not excluded from the manifest

requirement by 35 Ill. Adm. Code 721.105

, then the owner or operator must prepare and submit

a single copy of a report to the

Director Agency within 15 days after receiving the waste. The

110

unmanifested waste report must be submitted on USEPA form 8700-13B. Such report must be

designated

‘“Unmanifested Waste Report’” and must include the following information:

The USEPA identification number, name

, and address of the facility;

The date the facility received the waste;

The USEPA identification number, name

, and address of the generator and the

transporter, if available;

A description and the quantity of each unmanifested hazardous waste the facility

received;

The method of treatment, storage

, or disposal for each hazardous waste;

The certification signed by the owner or operator of the facility or

his its

authorized representative; and

A brief explanation of why the waste was unmanifested, if known.

(Board Note: (BOARD NOTE: Small quantities of hazardous waste are excluded from

regulation under this Part and do not require a manifest. Where a facility received unmanifested

hazardous waste, the Board suggests that the owner or operator obtain from each generator a

certification that the waste qualifies for exclusion. Otherwise, the Board suggests that the owner

or operator file an unmanifested waste report for the hazardous waste movement.)

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.177

Additional Reports

In addition to submitting the annual report and unmanifested waste reports described in Sections

725.175 and 725.176, the owner or operator

shall must also report the following information to

the Agency:

Releases, fires, and explosions, as specified in Section 725.156(j);

Groundwater contamination and monitoring data, as specified in Section 725.193

and 725.194;

Facility closure, as specified in Section 725.215; and

As otherwise required by

725.Subparts AA, BB, and CC Subparts AA, BB, and

CC of this Part.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

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SUBPART F: GROUNDWATER MONITORING

Section 725.190

Applicability

The owner or operator of a surface impoundment, landfill, or land treatment

facility

which that is used to manage hazardous waste shall must implement a

groundwater monitoring program capable of determining the facility’s impact on

the quality of groundwater in the uppermost aquifer underlying the facility, except

as Section 725.101 and

paragraph subsection (c) of this Section provide

otherwise.

Except as

paragraphs subsections (c) and (d) of this Section provide otherwise,

the owner or operator

shall must install, operate, and maintain a groundwater

monitoring system

which that meets the requirements of Section 725.191 and

shall

must comply with Sections 725.192 through 725.194. This groundwater

monitoring program must be carried out during the active life of the facility and

for disposal facilities during the post-closure care period as well.

All or part of the groundwater monitoring requirements of this Subpart

F may be

waived if the owner or operator can demonstrate that there is a low potential for

migration of hazardous waste or hazardous waste constituents from the facility via

the uppermost aquifer to water supply wells (domestic, industrial

, or agricultural)

or to surface water. This demonstration must be in writing and must be kept at

the facility. This demonstration must be certified by a qualified geologist or

geotechnical engineer and must establish the following:

The potential for migration of hazardous waste or hazardous waste

constituents from the facility to the uppermost aquifer by an evaluation of

the following information

A water balance of precipitation,

evapotransportation,

evapotranspiration, runoff, and infiltration; and

Unsaturated zone characteristics (i.e., geologic materials, physical

properties, and depth to ground water); and

The potential for hazardous waste or hazardous waste constituents

which

that

enter the uppermost aquifer to migrate to a water supply well or

surface water by an evaluation of

the following information:

Saturated zone characteristics (i.e., geologic materials, physical

properties, and rate of groundwater flow); and

The proximity of the facility to water supply wells or surface

water.

112

If an owner or operator assumes (or knows) that groundwater monitoring of

indicator parameters in accordance with Sections 725.191 and 725.192 would

show statistically significant increases (or decreases in the case of pH) when

evaluated under Section 725.193(b),

he it may install, operate, and maintain an

alternate groundwater monitoring system (other than the one described in

Sections 725.191 and 725.192). If the owner or operator decides to use an

alternate groundwater monitoring system it

shall must have done as follows:

By November 19, 1981,

the owner or operator must have submitted to the

Regional Administrator USEPA Region 5 a specific plan, certified by a

qualified geologist or geotechnical engineer,

which that satisfies the

requirements of 40 CFR 265.93(d)(3) for an alternate groundwater

monitoring system;

By November 19, 1981,

the owner or operator must have initiated the

determinations specified in 40 CFR 265.93(d)(4);

Prepare The owner or operator must have prepared and submit submitted a

written report in accordance with Section 725.193(d)(5);

Continue The owner or operator must continue to make the determinations

specified in Section 725.193(d)(4) on a quarterly basis until final closure

of the facility; and

Comply The owner or operator must comply with the recordkeeping and

reporting requirements in Section 725.194(b).

The groundwater monitoring requirements of this Subpart

F may be waived with

respect to any surface impoundment

of which the following is true:

Is The impoundment is used to neutralize wastes which that are hazardous

solely because they exhibit the corrosivity characteristic under 35 Ill.

Adm. Code 721.122 or

which are listed as hazardous wastes in Subpart D

of 35 Ill. Adm. Code 721, Subpart D only for this reason; and

Contains The impoundment contains no other hazardous wastes, if the

owner or operator can demonstrate that there is no potential for migration

of hazardous wastes from the impoundment. The demonstration must

establish, based upon consideration of the characteristics of the wastes and

the impoundment, that the corrosive wastes will be neutralized to the

extent that they no longer meet the corrosivity characteristic before they

can migrate out of the impoundment. The demonstration must be in

writing and must be certified by a qualified professional.

A permit or enforceable document can contain alternative requirements for

groundwater monitoring that replace all or part of the requirements of this Subpart F

113

applicable to a regulated unit (as defined in 35 Ill. Adm. Code 724.190), as provided

under 35 Ill. Adm. Code 703.161, where the Board

or Agency determines has

determined by an adjusted standard granted pursuant to Section 28.1 of the Act

[415 ILCS 5/28.1] and Subpart D of 35 Ill. Adm. Code 104 the following:

The regulated unit is situated among solid waste management units (or areas

of concern), a release has occurred, and both the regulated unit and one or

more solid waste management units (or areas of concern) are likely to have

contributed to the release; and

It is not necessary to apply the groundwater monitoring requirements of this

Subpart F because the alternative requirements will protect human health

and the environment. The alternative standards for the regulated unit must

meet the requirements of 35 Ill. Adm. Code 724.201(a).

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.191

Groundwater Monitoring System

A groundwater monitoring system must be capable of yielding groundwater

samples for analysis and must consist of

the following components:

Monitoring wells (at least one) installed hydraulically upgradient (i.e., in

the direction of increasing static head) from the limit of the waste

management area. Their number, locations

, and depths must be sufficient

to yield groundwater samples that

are fulfill both of the following

requirements:

Representative The samples are representative of background

groundwater quality in the uppermost aquifer near the facility; and

Not The samples are not affected by the facility; and

Monitoring wells (at least three) installed hydraulically downgradient (i.e.,

in the direction of decreasing static head) at the limit of the waste

management area. Their number, locations

, and depths must ensure that

they immediately detect any statistically significant amounts of hazardous

waste or hazardous waste constituents that migrate from the waste

management area to the uppermost aquifer.

Separate monitoring systems for each waste management component of a facility

are not required provided that provisions for sampling upgradient and

downgradient water quality will detect any discharge from the waste management

area.

In the case of a facility consisting of only one surface impoundment,

114

landfill, or land treatment area, the waste management area is described by

the waste boundary (perimeter).

In the case of a facility consisting of more than one surface impoundment,

landfill

, or land treatment area, the waste management area is described by

the imaginary boundary line

which that circumscribes the several waste

management components.

The facility owner or operator may demonstrate that an alternate

hydraulically downgradient monitoring well location will meet the criteria

outlined below. The demonstration must be in writing and kept at the

facility. The demonstration must be certified by a qualified groundwater

scientist and establish

that each of the following:

An That an existing physical obstacle prevents monitoring well

installation at the hydraulically downgradient limit of the waste

management area;

and

The That the selected alternate downgradient location is as close to

the limit of the waste management area as practical; and

The That the alternate location ensures detection as early as

possible of any statistically significant amounts of hazardous waste

or hazardous waste constituents that migrate from the waste

management area to the uppermost aquifer.

Lateral expansion, new, or replacement units are not eligible for an

alternate downgradient location under this subsection

(b)(3).

All monitoring wells must be cased in a manner that maintains the integrity of the

monitoring well bore hole. This casing must be screened or perforated and

packed with gravel or sand where necessary to enable sample collection at depths

where appropriate aquifer flow zones exist. The annular space (i.e., the space

between the bore hole and well casing) above the sampling depth must be sealed

with a suitable material (e.g., cement grout or bentonite slurry) to prevent

contamination of samples and the groundwater.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.192

Sampling and Analysis

The owner or operator

shall must obtain and analyze samples from the installed

groundwater monitoring system. The owner or operator

shall must develop and

follow a groundwater sampling and analysis plan. The owner or operator

shall

must

keep this plan at the facility. The plan must include procedures and

techniques for

each of the following:

115

Sample collection;

Sample preservation and shipment;

Analytical procedures; and

Chain of custody control.

BOARD NOTE: See “Procedures Manual For Groundwater Monitoring At Solid

Waste Disposal Facilities” and “Methods for Chemical Analysis of Water and

Wastes

,”, incorporated by reference in 35 Ill. Adm. Code 720.111(a), for

discussions of sampling and analysis procedures.

The owner or operator

shall must determine the concentration or value of the

following parameters in groundwater samples in accordance with subsections (c)

and (d)

below of this Section:

Parameters characterizing the suitability of the groundwater as a drinking

water supply, as specified in

Section 725.Appendix C to this Part.

Parameters The following parameters extablishing establishing

BOARD NOTE: These parameters are to be used as a basis for

comparison in the event a groundwater quality assessment is

required under Section 725.193(d).

Parameters The following parameters used as indicators of groundwater

contamination:

pH,

Specific Conductance,

116

Total Organic Carbon, and

Total Organic Halogen.

Establishing background concentrations

For all monitoring wells, the owner or operator

shall must establish initial

background concentrations or values of all parameters specified in

subsection (b)

above of this Section. The owner or operator shall must do

this quarterly for one year.

For each of the indicator parameters specified in subsection (b)(3)

above

of this Section

, the owner or operator shall must obtain at least four

replicate measurements for each sample and determine the initial

background arithmetic mean and variance by pooling the replicate

measurements for the respective parameter concentrations or values in

samples obtained from upgradient wells during the first year.

After the first year, the owner or operator

shall must sample all monitoring wells

and analyze the samples with the following frequencies:

Samples collected to establish groundwater quality must be obtained and

analyzed for the parameters specified in subsection (b)(2)

above of this

Section at least annually.

Samples collected to indicate groundwater contamination must be

obtained and analyzed for the parameters specified in subsection (b)(3)

above

of this Section at least semi-annually.

The owner or operator

shall must determine the elevation of the groundwater

surface at each monitoring well each time a sample is obtained.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.193

Preparation, Evaluation

, and Response

By no later than November 19, 1981, the owner or operator must

prepare have

prepared an outline of a groundwater quality assessment program. The outline

must describe a more comprehensive groundwater monitoring program (than that

described in Sections 725.191 and 725.192) capable of determining

each of the

following:

Whether hazardous waste or hazardous waste constituents have entered

the groundwater;

117

The rate and extent of migration of hazardous waste or hazardous waste

constituents in the groundwater; and

The concentrations of hazardous waste or hazardous waste constituents in

the groundwater.

For each indicator parameter specified in Section 725.192(b)(3)

, the owner or

operator must calculate the arithmetic mean and variance, based on at least four

replicate measurements on each sample, for each well monitored in accordance

with Section 725.192(d)(2) and compare these results with its initial background

arithmetic mean. The comparison must consider individually each of the wells in

the monitoring system and must use the Student’s t-test at the 0.01 level of

significance (see Appendix D) to determine statistically significant increases (and

decreases, in the case of pH) over initial background.

Well comparisons.

If the comparisons for the upgradient wells made under

paragraph

subsection (b) of this Section show a significant increase (or pH decrease)

the owner or operator must submit this information in accordance with

Section 725.194(a)(2)(B).

If the comparisons for downgradient wells made under

paragraph

subsection (b) of this Section show a significant increase (or pH decrease)

the owner or operator must then immediately obtain additional

groundwater samples for those downgradient wells where a significant

difference was detected, split the samples in two and obtain analyses of all

additional samples to determine whether the significant difference was a

result of laboratory error.

Notice to the Agency.

If the analyses performed under

paragraph subsection (c)(2) of this

Section confirm the significant increase (or pH decrease) the owner or

operator must provide written notice to the

Director Agency--within seven

days of the date of such confirmation--that the facility may be affecting

groundwater quality.

Within 15 days after the notification under

paragraph subsection (d)(1) of

this Section, the owner or operator must develop and submit to the

Director

Agency a specific plan, based on the outline required under

paragraph subsection (a) of this Section and certified by a qualified

geologist or geotechnical engineer for a groundwater quality assessment

program at the facility.

The plan to be submitted under Section 725.190(d)(1) or

paragraph

118

subsection (d)(2) of this Section must specify all of the following:

The number, location

, and depth of wells;

Sampling and analytical methods for those hazardous wastes or

hazardous waste constituents in the facility;

Evaluation procedures, including any use of previously gathered

groundwater quality information; and

A schedule of implementation.

The owner or operator must implement the groundwater quality

assessment plan

which that satisfies the requirements of paragraph

subsection (d)(3) of this Section and, at a minimum, determine each of the

following:

The rate and extent of migration of the hazardous waste or

hazardous waste constituents in the groundwater; and

The concentrations of the hazardous waste or hazardous waste

constituents in the groundwater.

The owner or operator must make his first determination under

paragraph

subsection (d)(4) of this Section as soon as technically feasible and, within

15 days after that determination, submit to the

Director Agency a written

report containing an assessment of the groundwater quality.

If the owner or operator determines, based on the results of the first

determination under

paragraph subsection (d)(4) of this Section, that no

hazardous waste or hazardous waste constituents from the facility have

entered the groundwater, then he may reinstate the indicator evaluation

program described in Section 725.192 and

paragraph subsection (b) of this

Section. If the owner or operator reinstates the indicator evaluation

program, he must so notify the

Director Agency in the report submitted

under

paragraph subsection (d)(5) of this Section.

If the owner or operator determines, based on the first determination under

paragraph subsection (d)(4) of this Section, that hazardous waste or

hazardous waste constituents from the facility have entered the

groundwater, then

he the owner or operator must do either of the

following:

Must It must continue to make the determinations required under

paragraph subsection (d)(4) of this Section on a quarterly basis

until final closure of the facility if the groundwater quality

119

assessment plan was implemented prior to final closure of the

facility; or

May It may cease to make the determinations required under

paragraph subsection (d)(4) of this Section if the groundwater

quality assessment plan was implemented during the post-closure

care period.

Notwithstanding any other provision of this Subpart

F, any groundwater quality

assessment to satisfy the requirements of

paragraph subsection (d)(4) of this

Section which that is initiated prior to final closure of the facility must be

completed and reported in accordance with

paragraph 725.193subsection (d)(5) of

this Section.

Unless the groundwater is monitored to satisfy the requirements of

paragraph

725.193subsection (d)(4) of this Section at least annually the owner or operator

must evaluate the data on groundwater surface elevations obtained under Section

725.192(e) to determine whether the requirements under Section 725.191(a) for

locating the monitoring wells continues to be satisfied. If the evaluation shows

that Section 725.191(a) is no longer satisfied, the owner or operator must

immediately modify the number, location

, or depth of the monitoring wells to

bring the groundwater monitoring system into compliance with this requirement.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.194

Recordkeeping and Reporting

Unless the groundwater is monitored to satisfy the requirements of Section

725.193(d)(4), the owner or operator

shall must do the following:

Keep records of the analyses required in Section 725.192(c) and (d), the

associated groundwater surface elevations required in Section 725.192(e),

and the evaluations required in Section 725.193(b) throughout the active

life of the facility and, for disposal facilities, also throughout the post-

closure care period; and

Report the following groundwater monitoring information to the Agency:

During the first year when initial background concentrations are

being established for the facility: concentrations or values of the

parameters listed in Section 725.192(b)(1) for each groundwater

monitoring well, within 15 days after completing each quarterly

analysis. The owner or operator

shall must separately identify for

each monitoring well any parameters whose concentration or value

has been found to exceed the maximum contaminant levels listed

Section 725.Appendix C to this Part.;

120

Annually: concentrations or values of the parameters listed in

Section 725.192(b)(3) for each groundwater monitoring well,

along with the required evaluations for these parameters under

Section 725.193(b). The owner or operator

shall must separately

identify any significant differences from initial background found

in the upgradient wells, in accordance with Section 725.193(c)(1).

During the active life of the facility, the owner or operator

shall

must

submit this information as part of the annual report required

under Section 725.175

.; and

As part of the annual report required under Section 725.175:

results of the evaluation of groundwater surface elevations under

Section 725.193(f) and a description of the response to the

evaluation, where applicable.

If the groundwater is monitored to satisfy the requirements of Section

725.193(d)(4), the owner or operator

shall must do the following:

Keep records of the analyses and evaluations specified in the plan that

satisfy the requirements of Section 725.193(d)(3) throughout the active

life of the facility and, for disposal facilities, also throughout the post-

closure care period; and

Annually, until final closure of the facility, submit to the Agency a report

containing the results of the groundwater quality assessment program that

includes, but is not limited to, the calculated (or measured) rate of

migration of hazardous waste or hazardous waste constituents in the

groundwater during the reporting period. The owner or operator

shall

must

submit this report as part of the annual report required under Section

725.175.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

SUBPART G: CLOSURE AND POST-CLOSURE CARE

Section 725.210

Applicability

Except as Section 725.101 provides otherwise

, the following requirements apply as indicated:

Sections 725.211 through 725.215 (which concern closure) apply to the owners

and operators of all hazardous waste management facilities; and

Sections 725.216 through 725.220 (which concern post-closure care) apply to the

owners and operators of

the following:

121

All hazardous waste disposal facilities; or

Waste piles and surface impoundments from which the owner or operator

intends to remove the wastes at closure to the extent that these Sections

are made applicable to such facilities in Section 725.328 or 725.358;

Tank systems

which that are required under Section 725.297 to meet

requirements for landfills; or

Containment buildings that are required under Section 725.1102 to meet

the requirement for landfills.

Section 725.221 applies to owners and operators of units that are subject to the

requirements of 35 Ill. Adm. Code 703.161 and which are regulated under an

enforceable document (as established pursuant to 35 Ill. Adm. Code 703.161).

A permit or enforceable document can contain alternative requirements that replace

all or part of the closure and post-closure care requirements of this Subpart G (and

the unit-specific standards in Section 725.211(c)) applying to a regulated unit (as

defined in 35 Ill. Adm. Code 724.190), as provided in 35 Ill. Adm. Code 703.161,

where the Board

or Agency determines has determined by an adjusted standard

granted pursuant to Section 28.1 of the Act [415 ILCS 5/28.1] and Subpart D of

35 Ill. Adm. Code 104 the following:

The regulated unit is situated among solid waste management units (or areas

of concern), a release has occurred, and both the regulated unit and one or

more solid waste management units (or areas of concern) are likely to have

contributed to the release; and

It is not necessary to apply the closure requirements of this Subpart

G (and

those referenced herein) because the alternative requirements will protect

human health and the environment, and will satisfy the closure performance

standard of Section 725.211 (a) and (b).

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.211

Closure Performance Standard

The owner or operator

shall must close the facility in a manner that does the following:

Minimizes The closure minimizes the need for further maintenance; and

Controls, The closure controls, minimizes, or eliminates, to the extent necessary

to protect human health and the environment, post-closure escape of hazardous

waste, hazardous constituents, leachate, contaminated run-off

, or hazardous waste

decomposition products to the ground or surface waters or to the atmosphere, and

122

Complies The closure complies with the closure requirements of this Part,

including, but not limited to, the requirements of Sections 725.297, 725.328,

725.358, 725.380, 725.410, 725.451, 725.481, 725.504

, and 725.1102.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.212

Closure Plan; Amendment of Plan

Written plan. Within six months after the effective date of the rule that first

subjects a facility to provisions of this Section, the owner or operator of a

hazardous waste management facility

shall must have a written closure plan.

Until final closure is completed and certified in accordance with Section 725.215,

a copy of the most current plan must be furnished to the Agency upon request

including request by mail. In addition, for facilities without approved plans, it

must also be provided during site inspections on the day of inspection to any

officer, employee, or representative of the Agency.

Content of plan. The plan must identify the steps necessary to perform partial or

final closure of the facility at any point during its active life. The closure plan

must include

, at least the following minimal information:

A description of how each hazardous waste management unit at the

facility will be closed in accordance with Section 725.211;

A description of how final closure of the facility will be conducted in

accordance with Section 725.211. The description must identify the

maximum extent of the operation

which that will be unclosed during the

active life of the facility;

An estimate of the maximum inventory of hazardous wastes ever on-site

over the active life of the facility and a detailed description of the methods

to be used during partial and final closure, including, but not limited to

methods for removing, transporting, treating, storing, or disposing of all

hazardous waste, and identification of and the

type(s) types of off-site

hazardous waste management

unit(s) units to be used, if applicable;

A detailed description of the steps needed to remove or decontaminate all

hazardous waste residues and contaminated containment system

components, equipment, structures, and soils during partial and final

closure including, but not limited to, procedures for cleaning equipment

and removing contaminated soils, methods for sampling and testing

surrounding soils, and criteria for determining the extent of

decontamination necessary to satisfy the closure performance standard;

A detailed description of other activities necessary during the partial and

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final closure period to ensure that all partial closures and final closure

satisfy the closure performance standards, including, but not limited to,

groundwater monitoring, leachate collection, and runon and runoff

control;

A schedule for closure of each hazardous waste management unit and for

final closure of the facility. The schedule must include, at a minimum, the

total time required to close each hazardous waste management unit and the

time required for intervening closure activities

which that will allow

tracking of the progress of partial and final closure. (For example, in the

case of a landfill unit, estimates of the time required to treat or dispose of

all hazardous waste inventory and of the time required to place a final

cover must be included.);

An estimate of the expected year of final closure for facilities that use trust

funds to demonstrate financial assurance under Section 725.243 or

725.245 and whose remaining operating life is less than twenty years, and

for facilities without approved closure plans; and

For a facility where alternative requirements are established at a regulated

unit under Section 725.190(f), 725.210(d), or 725.240(d), as provided under

35 Ill. Adm. Code 703.161, either the alternative requirements applying to

the regulated unit or a reference to the enforceable document containing

those alternative requirements.

Amendment of plan. The owner or operator may amend the closure plan at any

time prior to the notification of partial or final closure of the facility. An owner

or operator with an approved closure plan

shall must submit a written request to

the Agency to authorize a change to the approved closure plan. The written

request must include a copy of the amended closure plan for approval by the

Agency.

The owner or operator

shall must amend the closure plan, whenever any of

the following occurs:

Changes in the operating plans or facility design affect the closure

plan;

Whenever there is a change in the expected year of closure, if

applicable;

In conducting partial or final closure activities, unexpected events

require a modification of the closure plan; or

The owner or operator requests the establishment of alternative

requirements, as provided under 35 Ill. Adm. Code 703.161, to a

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regulated unit under Section 725.190(f), 725.210(c), or 725.240(d).

The owner or operator

shall must amend the closure plan at least 60 days

prior to the proposed change in facility design or operation, or no later

than 60 days after an unexpected event has occurred

which that has

affected the closure plan. If an unexpected event occurs during the partial

or final closure period, the owner or operator

shall must amend the closure

plan no later than 30 days after the unexpected event. These provisions

also apply to owners or operators of surface impoundments and waste

piles that intended to remove all hazardous wastes at closure, but are

required to close as landfills in accordance with Section 725.410.

An owner or operator with an approved closure plan

shall must submit the

modified plan to the Agency at least 60 days prior to the proposed change

in facility design or operation, or no more than 60 days after an

unexpected event has occurred

which that has affected the closure plan. If

an unexpected event has occurred during the partial or final closure

period, the owner or operator

shall must submit the modified plan no more

than 30 days after the unexpected event. These provisions also apply to

owners or operators of surface impoundments and waste piles that

intended to remove all hazardous wastes at closure but are required to

close as landfills in accordance with Section 725.410. If the amendment

to the plan is a Class 2 or 3 modification according to the criteria in 35 Ill.

Adm. Code 703.280, the modification to the plan

shall must be approved

according to the procedures in subsection (d)(4) of this Section.

The Agency may request modifications to the plan under the conditions

described in subsection (c)(1) of this Section. An owner or operator with

an approved closure plan

shall must submit the modified plan within 60

days after the request from the Agency, or within 30 days if the

unexpected event occurs during partial or final closure. If the amendment

is considered a Class 2 or 3 modification according to the criteria in 35 Ill.

Adm. Code 703.280, the modification to the plan must be approved in

accordance with the procedures in subsection (d)(4) of this Section.

Notification of partial closure and final closure.

When notice is required.

The owner or operator

shall must submit the closure plan to the

Agency at least 180 days prior to the date on which the owner or

operator expects to begin closure of the first surface impoundment,

waste pile, land treatment, or landfill unit, or final closure if it

involves such a unit, whichever is earlier.

The owner or operator

shall must submit the closure plan to the

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Agency at least 45 days prior to the date on which the owner or

operator expects to begin partial or final closure of a boiler or

industrial furnace.

The owner or operator

shall must submit the closure plan to the

Agency at least 45 days prior to the date on which the owner or

operator expects to begin final closure of a facility with only tanks,

container storage, or incinerator units.

Owners or operators An owner or operator with an approved

closure

plans shall plan must notify the Agency in writing at least

60 days prior to the date on which the owner or operator expects to

begin closure of a surface impoundment, waste pile, landfill, or

land treatment unit, or final closure of a facility involving such a

unit.

Owners or operators An owner or operator with an approved

closure

plans shall plan must notify the Agency in writing at least

45 days prior to the date on which the owner or operator expects to

begin partial or final closure of a boiler or industrial furnace.

Owners and operators An owner or operator with an approved

closure

plans shall plan must notify the Agency in writing at least

45 days prior to the date on which the owner or operator expects to

begin final closure of a facility with only tanks, container storage,

or incinerator units.

The date when the owner or operator “expects to begin closure” must be

either

of the following dates:

Within 30 days after the date on which any hazardous waste

management unit receives the known final volume of hazardous

wastes or, if there is a reasonable possibility that the hazardous

waste management unit will receive additional hazardous wastes,

no later than one year after the date on which the unit received the

most recent volume of hazardous waste. If the owner or operator

of a hazardous waste management unit demonstrates to the Agency

that the hazardous waste management unit or facility has the

capacity to receive additional hazardous wastes and that the owner

or operator has taken and will continue to take, all steps to prevent

threats to human health and the environment, including compliance

with all interim status requirements, the Agency

shall must

approve an extension to this one-year limit; or

For units meeting the requirements of Section 725.213(d), no later

than 30 days after the date on which the hazardous waste

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management unit receives the known final volume of non-

hazardous wastes

, or, if there is a reasonable possibility that the

hazardous waste management unit will receive additional non-

hazardous wastes, no later than one year after the date on which

the unit received the most recent volume of non-hazardous wastes.

If the owner or operator demonstrates to the Agency that the

hazardous waste management unit has the capacity to receive

additional non-hazardous wastes and that the owner and operator

have taken, and will continue to take, all steps to prevent threats to

human health and the environment, including compliance with all

applicable interim status requirements, the Agency

shall must

approve an extension to this one-year limit.

The owner or operator

shall must submit the closure plan to the Agency no

later than 15 days after

occurrence of either of the following events:

Termination of interim status (except when a permit is issued to

the facility simultaneously with termination of interim status); or

Issuance of a judicial decree or Board order to cease receiving

hazardous wastes or

to close the facility or unit.

The Agency

shall must provide the owner or operator and the public,

through a newspaper notice, the opportunity to submit written comments

on the plan and request modifications of the plan no later than 30 days

from the date of the notice. The Agency

shall must also, in response to a

request or at its own discretion, hold a public hearing whenever such a

hearing might clarify one or more issues concerning a closure plan. The

Agency

shall must give public notice of the hearing at least 30 days before

it occurs. (Public notice of the hearing may be given at the same time as

notice of the opportunity for the public to submit written comments and

the two notices may be combined.) The Agency

shall must approve,

modify, or disapprove the plan within 90 days of its receipt. If the Agency

does not approve the plan, the Agency

shall must provide the owner or

operator with a detailed written statement of reasons for the refusal, and

the owner or operator

shall must modify the plan or submit a new plan for

approval within 30 days after receiving such written statement. The

Agency

shall must approve or modify this plan in writing within 60 days.

If the Agency modifies the plan, this modified plan becomes the approved

closure plan. The Agency

shall must assure that the approved plan is

consistent with Sections 725.211 through 725.215 and the applicable

requirements of Sections 725.190 et seq., 725.297, 725.328, 725.358,

725.380, 725.410, 725.451, 725.481, 725.504, and 724.1102. A copy of

this modified plan with a detailed statement of reasons for the

modifications must be mailed to the owner or operator.

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Removal of wastes and decontamination or dismantling of equipment. Nothing in

this Section precludes the owner or operator from removing hazardous wastes and

decontaminating or dismantling equipment in accordance with the approved

partial or final closure plan at any time before or after notification of partial or

final closure.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.213

Closure; Time Allowed for Closure

Within 90 days after receiving the final volume of hazardous wastes, or the final

volume of non-hazardous wastes, if the owner or operator complies with all the

applicable requirements of subsections (d) and (e)

, below, of this Section at a

hazardous waste management unit or facility, or 90 days after approval of the

closure plan, whichever is later, the owner or operator

shall must treat, remove

from the unit or facility

, or dispose of on-site, all hazardous wastes in accordance

with the approved closure plan. The Agency

shall must approve a longer period if

the owner or operator demonstrates

that the following:

EitherThe need to remain in operation by showing either of the following

conditions exist:

The activities required to comply with this

paragraph subsection

(a) of this Section will, of necessity, take longer than 90 days to

complete; or

All of the following

conditions are true:

The hazardous waste management unit or facility has the

capacity to receive additional hazardous wastes, or has the

capacity to receive non-hazardous wastes, if the owner or

operator complies with subsections (d) and (e)

, below of

this Section;

ii)

There is a reasonable likelihood that the owner or operator,

or another person will recommence operation of the

hazardous waste management unit or facility within one

year; and

iii)

Closure of the hazardous waste management unit or facility

would be incompatible with continued operation of the site;

and

The owner or operator

have has taken and will continue to take all steps to

prevent threats to human health and the environment including compliance

with all applicable interim status requirements.

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The owner or operator

shall must complete partial and final closure activities in

accordance with the approved closure plan and within 180 days after receiving the

final volume of hazardous wastes, or the final volume of non-hazardous wastes, if

the owner or operator complies with all applicable requirements of subsections

(d) and (e)

, below, of this Section at the hazardous waste management unit or

facility, or 180 days after approval of the closure plan, if that is later. The

Agency

shall must approve an extension to the closure period if the owner or

operator demonstrates

that the following:

EitherThe need to remain in operation by showing either of the following

conditions exist:

The partial or final closure activities will, of necessity, take longer

than 180 days to complete; or

All of the following

conditions are true:

The hazardous waste management unit or facility has the

capacity to receive additional hazardous wastes, or the final

volume of non-hazardous wastes, if the owner or operator

complies with all the applicable requirements of

subsections (d) and (e)

, below of this Section; and

ii)

There is a reasonable likelihood that the owner or operator

or another person will recommence operation of the

hazardous waste management unit or facility within one

year; and

iii)

Closure of the hazardous waste management unit or facility

would be incompatible with continued operation of the site;

and

The owner and operator

have has taken and will continue to take all steps

to prevent threats to human health and the environment from the unclosed

but not operating hazardous waste management unit or facility, including

compliance with all applicable interim status requirements.

The demonstration referred to in subsections (a)(1) and (b)(1)

, above, of this

Section must be made as follows:

The demonstration in subsection (a)(1)

, above of this Section, must be

made at least 30 days prior to the expiration of the 90-day period in

subsection (a)

, above of this Section; and

The demonstrations in subsection (b)(1)

, above of this Section, must be

129

made at least 30 days prior to the expiration of the 180-day period in

subsection (b)

, above of this Section, unless the owner or operator is

otherwise subject to deadlines in subsection (d)

, below of this Section.

Continued receipt of non-hazardous waste. The Agency

shall must permit an

owner or operator to receive non-hazardous wastes in a landfill, land treatment

unit or surface impoundment unit after the final receipt of hazardous wastes at

that unit if

the following are true:

The owner or operator submits an amended Part B application, or a new

Part B application if none was previously submitted, and demonstrates

that

the following

The unit has the existing design capacity as indicated on the Part A

application to receive non-hazardous wastes;

and

There is a reasonable likelihood that the owner or operator or

another person will receive non-hazardous waste in the unit within

one year after the final receipt of hazardous wastes;

and

The non-hazardous wastes will not be incompatible with any

remaining wastes in the unit, or with the facility design and

operating requirements of the unit or facility under this Part;

and

Closure of the hazardous waste management unit would be

incompatible with continued operation of the unit or facility; and

The owner or operator is operating and will continue to operate in

compliance with all applicable interim status requirements;

and

The Part B application includes an amended waste analysis plan,

groundwater monitoring and response program, human exposure

assessment required under 35 Ill. Adm. Code 703.186

, and closure and

post-closure care plans, and updated cost estimates, and demonstrations of

financial assurance for closure and post-closure care

, as necessary and

appropriate, to reflect any changes due to the presence of hazardous

constituents in the non-hazardous wastes

, and changes in closure

activities, including the expected year of closure

, if applicable under

Section 725.212(b)(7), as a result of the receipt of non-hazardous wastes

following the final receipt of hazardous wastes;

and

The Part B application is amended, as necessary and appropriate, to

account for the receipt of non-hazardous wastes following receipt of the

final volume of hazardous wastes; and

The Part B application and the demonstrations referred to in subsections

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(d)(1) and (d)(2), above of this Section, are submitted to the Agency no

later than 180 days prior to the date on which the owner or operator of the

facility receives the known final volume of hazardous wastes

, or no later

than 90 days after

the effective date of this Section applies to the facility,

whichever is later.

Surface impoundments. In addition to the requirements in subsection (d)

, above

of this Section

, an owner or operator of a hazardous waste surface impoundment

which

that is not in compliance with the liner and leachate collection system

requirements in Section 725.321(a)

shall must receive non-hazardous wastes only

as authorized by an adjusted standard pursuant to this subsection

(e).

The petition for adjusted standard must include

the following:

A plan for removing hazardous wastes; and

A contingent corrective measures plan.

The removal plan must provide for

the following:

Removing all hazardous liquids;

and

Removing all hazardous sludges to the extent practicable without

impairing the integrity of the liner or liners, if any; and

Removal of hazardous wastes no later than 90 days after the final

receipt of hazardous wastes. The Board will allow a longer time, if

the owner or operator demonstrates

the following:

That the removal of hazardous wastes will, of necessity,

take longer than the allotted period to complete; and

ii)

That an extension will not pose a threat to human health

and the environment.

The

following is required of contingent corrective measures plan:

Must It must meet the requirements of a corrective action plan

under Section 724.199, based upon the assumption that a release

has been detected from the unit.

May It may be a portion of a corrective action plan previously

submitted under Section 724.199.

May It may provide for continued receipt of non-hazardous wastes

at the unit following a release only if the owner or operator

131

demonstrates that continued receipt of wastes will not impede

corrective action.

Must It must provide for implementation within one year after a

release, or within one year after the grant of the adjusted standard,

whichever is later.

Release. A release is a statistically significant increase (or decrease in the

case of pH) in hazardous constituents over background levels, detected in

accordance with the requirements in Subpart F

of this Part.

In the event of a release, the owner or operator of the unit must

perform

the following actions:

Within 35 days,

the owner or operator must file with the Board a

petition for adjusted standard

pursuant to Section 28.1 of the Act

[415 ILCS 5/28.1] and Subpart D of 35 Ill. Adm. Code 104. If the

Board finds that it is necessary to do so in order to protect human

health and the environment, the Board will modify the adjusted

standard to require the owner or operator to

perform either of the

following actions:

Begin to implement the corrective measures plan in less

than one year; or

ii)

Cease the receipt of wastes until the plan has been

implemented.

iii)

The Board will retain jurisdiction or condition the adjusted

standard so as to require the filing of a new petition to

address any required closure pursuant to subsection (e)(7)

below. of this Section;

Shall The owner or operator must implement the contingent

corrective measures plan

.; and

May The owner or operator may continue to receive wastes at the

unit if authorized by the approved contingent measures plan.

Semi-annual report. During the period of corrective action, the owner or

operator

shall must provide semi-annual reports to the Agency which that

fulfill the following requirements:

Describe They describe the progress of the corrective action

program;

132

Compile They compile all groundwater monitoring data; and

Evaluate They evaluate the effect of the continued receipt of non-

hazardous wastes on the effectiveness of the corrective action.

Required closure. The owner or operator

shall must commence closure of

the unit in accordance with the closure plan and the requirements of this

Part if the Board terminates the adjusted standard, or if the adjusted

standard terminates pursuant to its terms.

The Board will terminate the adjusted standard if the owner or

operator failed to implement corrective action measures in

accordance with the approved contingent corrective measures plan

;

or.

The Board will terminate the adjusted standard if the owner or

operator fails to make substantial progress in implementing the

corrective measures plan and achieving the facility’s groundwater

protection standard, or background levels if the facility has not yet

established a groundwater protection standard

; or.

The adjusted standard will automatically terminate if the owner or

operator fails to implement the removal plan.

The adjusted standard will automatically terminate if the owner or

operator fails to timely file a required petition for adjusted

standard.

Adjusted standard procedures. The following procedures must be used in

granting, modifying or terminating an adjusted standard pursuant to this

subsection.

Except as otherwise provided, the owner or operator

shall must

follow the procedures of Section 28.1 of the Act [415 ILCS 5/28.1]

and Subpart D of 35 Ill. Adm. Code 106.Subpart G 104 to petition

the Board for an adjusted standard.

Initial justification. The Board will grant an adjusted standard

pursuant to subsection (e)(1)

, above of this Section, if the owner or

operator demonstrates that the removal plan and contingent

corrective measures plans meet the requirements of subsections

(e)(2) and

(e)(3), above of this Section.

The Board will include the following conditions in granting an

adjusted standard pursuant to subsection (e)(1)

, above of this

Section:

133

A plan for removing hazardous wastes

ii)

A requirement that the owner or operator remove

hazardous wastes in accordance with the plan

iii)

A contingent corrective measures plan

iv)

A requirement that, in the event of a release, the owner or

operator

shall: must, within 35 days, file with the Board a

petition for adjusted standard

;, implement the corrective

measures plan

;, and, file semi-annual reports with the

Agency

A condition that the adjusted standard will terminate if the

owner or operator fails to

: implement the removal plan;, or,

timely file a required petition for adjusted standard

.; and

vi)

A requirement that, in the event the adjusted standard is

terminated, the owner or operator

shall must commence

closure of the unit in accordance with the requirements of

the closure plan and this Part.

Justification in the event of a release. The Board will modify or

terminate the adjusted standard pursuant to a petition filed under

subsection (e)(5)(A)

, above of this Section, as provided in that

subsection or in subsection (e)(7)

, above of this Section.

The owner or operator may file a revised closure plan within 15 days after

an adjusted standard is terminated.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.214

Disposal or Decontamination of Equipment, Structures

, and Soils

During the partial and final closure periods, all contaminated equipment, structures

, and soil

must be properly disposed of, or decontaminated unless specified otherwise in

Sections Section

725.297, 725.328, 725.358, 725.380, or 725.410. By removing all hazardous wastes or

hazardous constituents during partial and final closure, the owner or operator may become a

generator of hazardous waste and

shall must handle that hazardous waste in accordance with all

applicable requirements of 35 Ill. Adm. Code 722.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

134

Section 725.215

Certification of Closure

Within 60 days after completion of closure of each hazardous waste surface impoundment, waste

pile, land treatment

, and landfill unit, and within 60 days after completion of final closure, the

owner or operator

shall must submit to the Agency, by registered mail, a certification that the

hazardous waste management unit or facility, as applicable, has been closed in accordance with

the specifications in the approved closure plan. The certification must be signed by the owner or

operator and by an independent registered professional engineer. Documentation supporting the

independent registered professional engineer’s certification must be furnished to the Agency

upon request until the Agency releases the owner or operator from the financial assurance

requirements for closure under Section 725.243(h).

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.216

Survey Plat

No later than the submission of the certification of closure of each hazardous waste disposal unit,

an owner or operator

shall must submit to any local zoning authority, or authority with

jurisdiction over local land use, to the County Recorder and to the Agency, a survey plat

indicating the location and dimensions of landfill cells or other hazardous waste disposal units

with respect to permanently surveyed benchmarks. This plat must be prepared and certified by a

professional land surveyor. The plat filed with any local zoning authority, or authority with

jurisdiction over local land use, and the County Recorder must contain a note, prominently

displayed,

which that states the owner’s and operator’s obligation to restrict disturbance of the

hazardous waste disposal unit in accordance with the applicable

regulations of this Subpart G

regulations

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.217

Post-closure Post-Closure Care and Use of Property

Post-closure care.

Post-closure care for each hazardous waste management unit subject to the

requirements of Sections 725.217 through 725.220 must begin after

completion of closure of the unit and continue for 30 years after that date.

It must consist of at least the following:

Monitoring and reporting in

accorance accordance with the

requirements of Subparts F, K, L, M

, and N of this Part; and

Maintenance and monitoring of waste containment systems in

accordance with the requirements of Subparts F, K, L, M

, and N of

this Part.

Any time preceding closure of a hazardous waste management unit subject

135

to post-closure care requirements or final closure, or any time during the

post-closure period for a particular hazardous waste disposal unit, the

Board will

, by an adjusted standard granted pursuant to Section 28.1 of the

Act [415 ILCS 5/28.1] and Subpart D of 35 Ill. Adm. Code 104 or by an

order in some other appropriate type of proceeding (e.g., an enforcement

proceeding), do the following:

Shorten the post-closure care period applicable to the hazardous

waste management unit, or facility, if all disposal units have been

closed, if the Board finds that the reduced period is sufficient to

protect human health and the environment (e.g., leachate or

groundwater monitoring results, characteristics of the hazardous

waste, application of advanced technology, or alternative disposal,

treatment or re-use techniques indicate that the hazardous waste

management unit or facility is secure); or

Extend the post-closure care period applicable to the hazardous

waste management unit or facility, if the Board finds that the

extended period is necessary to protect human health and the

environment (e.g., leachate or groundwater monitoring results

indicate a potential for migration of hazardous wastes at levels

which

that may be harmful to human health and the environment).

As provided by Section 725.218(i), the Board will utilize site-specific

rulemaking to adjust the length of the post-closure care period.

The Agency

shall must require, at partial or final closure, continuation of any of

the security requirements of Section 725.214 during part or all of the post-closure

period when

either of the following occur:

Hazardous wastes may remain exposed after completion of partial or final

closure; or

Access by the public or domestic livestock may pose a hazard to human

health.

Post-closure use of property on or in which hazardous wastes remain after partial

or final closure must never be allowed to disturb the integrity of the final cover,

liner(s) liners, or any other components of any containment system or the function

of the facility’s monitoring systems, unless the Agency determines

that either of

the following with respect to the disturbance:

Is It is necessary to the proposed use of the property, and will not increase

the potential hazard to human health or the environment; or

Is It is necessary to reduce a threat to human health or the environment.

136

All post-closure care activities must be performed in accordance with the

provisions of the approved post-closure plan

, as specified in Section 725.218.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.218

Post-Closure Care Plan; Amendment of Plan

Written Plan. The owner or operator of a hazardous waste disposal unit

shall

must

have a written post-closure care plan. An owner or operator of a surface

impoundment or waste pile that intends to remove all hazardous wastes at closure

shall

must prepare a post-closure care plan and submit it to the Agency within 90

days after the date that the owner or operator or Agency determines that the

hazardous waste management unit or facility must be closed as a landfill, subject

to the requirements of Sections 725.217 through 725.220.

Until final closure of the facility, a copy of the most current post-closure care plan

must be furnished to the Agency upon request, including request by mail. In

addition, for facilities without approved post-closure care plans, it must also be

provided during site inspections, on the day of inspection, to any officer,

employee, or representative of the Agency. After final closure has been certified,

the person or office specified in subsection (c)(3)

shall must keep the approved

post-closure care plan during the post-closure care period.

For each hazardous waste management unit subject to the requirements of this

Section, the post-closure care plan must identify the activities

which that will be

carried on after closure of each disposal unit and the frequency of these activities

and include

at least the following minimal information:

A description of the planned monitoring activities and frequencies at

which they will be performed to comply with Subpart

of this Part during

the post-closure care period

A description of the planned maintenance activities and frequencies at

which they will be performed to ensure

the following:

The integrity of the cap and final cover or other containment

systems in accordance with the requirements of Subparts K, L, M,

and N

of this Part; and

The function of the monitoring equipment in accordance with the

requirements of Subparts F, K, L, M, and N

. of this Part;

The name, address, and phone number of the person or office to contact

about the hazardous waste disposal unit or facility during the post-closure

care period

137

For a facility subject to Section 725.221, provisions that satisfy the

requirements of Section 725.221(a)(1) and (a)(3)

.; and

For a facility where alternative requirements are established at a regulated

unit under Section 725.190(f), 725.210(d), or 725.240(d), as provided under

35 Ill. Adm. Code 703.161, either the alternative requirements that apply to

the regulated unit, or a reference to the enforceable document containing

those requirements.

Amendment of plan. The owner or operator may amend the post-closure care

plan at any time during the active life of the facility or during the post-closure

care period. An owner or operator with an approved post-closure care plan

shall

must

submit a written request to the Agency to authorize a change to the approved

plan. The written request must include a copy of the amended post-closure care

plan for approval by the Agency.

The owner or operator

shall must amend the post-closure care plan

whenever

the following occur:

Changes in operating plans or facility design affect the post-

closure care plan; or

Events occur during the active life of the facility, including partial

and final closures,

which that affect the post-closure care plan; and

The owner or operator requests the establishment of alternative

requirements to a regulated unit under Section 725.190(f),

725.210(d), or 725.240(d).

The owner or operator

shall must amend the post-closure care plan at least

60 days prior to the proposed changes in facility design or operation, or no

later than 60 days after an unexpected event has occurred

which that has

affected the post-closure care plan.

An owner or operator with an approved post-closure care plan

shall must

submit the modified plan to the Agency at least 60 days prior to the

proposed change in facility design or operation, or no more than 60 days

after an unexpected event has occurred

which that has affected the post-

closure care plan. If an owner or operator of a surface impoundment or a

waste pile that intended to remove all hazardous wastes at closure in

accordance with Section 725.328(b) or 725.358(a) is required to close as a

landfill in accordance with Section 725.410, the owner or operator

shall

must

submit a post-closure care plan within 90 days after the

determination by the owner or operator or Agency that the unit must be

closed as a landfill. If the amendment to the post-closure care plan is a

138

Class 2 or 3 modification according to the criteria in 35 Ill. Adm. Code

703.280, the modification to the plan must be approved according to the

procedures in subsection (f)

of this Section.

The Agency may request modifications to the plan under the conditions

described in subsection (d)(1) of this Section. An owner or operator with

an approved post-closure care plan

shall must submit the modified plan no

later than 60 days after the request from the Agency. If the amendment to

the plan is considered a Class 2 or 3 modification according to the criteria

in 35 Ill. Adm. Code 703.280 the modifications to the post-closure care

plan must be approved in accordance with the procedures in subsection (f)

of this Section

. If the Agency determines that an owner or operator of a

surface impoundment or waste pile that intended to remove all hazardous

wastes at closure

shall must close the facility as a landfill, the owner or

operator

shall must submit a post-closure care plan for approval to the

Agency within 90 days after the determination.

The owner or operator of a facility with hazardous waste management units

subject to these requirements

shall must submit the post-closure care plan to the

Agency at least 180 days before the date the owner or operator expects to begin

partial or final closure of the first hazardous waste disposal unit. The date when

the owner or operator “expects to begin closure” of the first hazardous waste

disposal unit must be either within 30 days after the date on which the hazardous

waste management unit receives the known final volume of hazardous waste or, if

there is a reasonable possibility that the hazardous waste management unit will

receive additional hazardous wastes, no later than one year after the date on which

the unit received the most recent volume of hazardous wastes. The owner or

operator

shall must submit the closure plan to the Agency no later than 15 days

after

either of the following:

Termination of interim status (except when a permit is issued to the

facility simultaneously with termination of interim status); or

Issuance of a judicial decree or Board order to cease receiving wastes or

close.

Procedures.

Except as provided in subsection (f)(2)

of this Section, the Agency shall

must

provide the owner or operator and the public through a newspaper

notice the opportunity to submit written comments on the post-closure

care plan and request modifications to the plan, no later than 30 days after

the date of the notice. The Agency may also, in response to a request or at

its own discretion, hold a public hearing whenever such a hearing might

clarify one or more issues concerning the post-closure care plan. The

Agency

shall must give public notice of the hearing at least 30 days before

139

it occurs. (Public notice of the hearing may be given at the same time as

notice of the opportunity for written public comments and the two notices

may be combined.) The Agency

shall must approve, modify, or

disapprove the plan within 90 days of its receipt. If the Agency

determines not to approve the plan, the Agency

shall must provide the

owner or operator with a detailed statement of reasons for the refusal and

the owner or operator

shall must modify the plan or submit a new plan for

approval within 30 days after receiving such written statements. The

Agency

shall must approve or modify this plan in writing within 60 days.

If the Agency modifies the plan, this modified plan becomes the approved

post-closure care plan. Any final Agency determination

shall must ensure

that the approved post-closure care plan is consistent with Sections

725.217 through 725.220. A copy of this modified plan with a detailed

statement of reasons for the modifications must be mailed to the owner or

operator.

The Agency

shall must not provide notice or the opportunity for public

comment if, in a prior proceeding, the Board has ordered the modifications

to the plan.

The post-closure care plan and length of the post-closure care period may be

modified at any time prior to the end of the post-closure care period in either of

the following two ways:

The owner or operator or any member of the public may petition to extend

or reduce the post-closure care period applicable to a hazardous waste

management unit or facility based on cause, or alter the requirements of

the post-closure care period based on cause.

The petition must include evidence demonstrating

that either of the

following:

The secure nature of the hazardous waste management unit

or facility makes the post-closure care

requirement(s)

requirements unnecessary or supports reduction of the post-

closure care period specified in the current post-closure

care plan (e.g., leachate or groundwater monitoring results

characteristics of the waste

,; application of advanced

technology

; or alternative disposal, treatment, or re-use

techniques indicate that the facility is secure), or

ii)

The requested extension in the post-closure care period or

alteration of post-closure care requirements is necessary to

prevent threats to human health and the environment (e.g.,

leachate or groundwater monitoring results indicate a

potential for migration of hazardous wastes at levels

which

140

that may be harmful to human health and the environment).

These petitions must be considered only when they present new

and relevant information not previously considered.

Except as provided in subsection (g)(1)(B)(ii), whenever

the Agency is considering a petition, it

shall must provide

the owner or operator and the public, through a newspaper

notice, the opportunity to submit written comments within

30 days of the date of the notice. The Agency

shall must

also, in response to a request or at its own discretion, hold a

public hearing whenever a hearing might clarify one or

more issues concerning the post-closure care plan. The

Agency

shall must give the public notice of the hearing at

least 30 days before it occurs. (Public notice of the hearing

may be given at the same time as notice of the opportunity

for written public comments and the two notices may be

combined.) After considering the comments, the Agency

shall

must issue a final determination, based upon the

criteria set forth in subsection(g)(1)

of this Section.

ii)

The Agency

shall must not provide notice or the

opportunity for public comment if, in a prior proceeding,

the Board has ordered the modifications to the plan.

If the Agency denies the petition, it

shall must send the petitioner a

brief written response giving a reason for the denial.

The Agency

shall must tentatively decide to modify the post-closure care

plan if the Agency determines that it is necessary to prevent threats to

human health and the environment. The Agency may propose to extend or

reduce the post-closure care period applicable to a hazardous waste

management unit or facility based on cause or alter the requirements of the

post-closure care period based on cause.

The Agency

shall must provide the owner or operator and the

affected public, through a newspaper notice, the opportunity to

submit written comments within 30 days after the date of the

notice and the opportunity for a public hearing as in subsection

(g)(1)(B)

of this Section. After considering the comments, the

Agency

shall must issue a final determination.

The Agency

shall must base its final determination upon the same

criteria as required for petitions under subsection (g)(1)(A)

of this

Section. A modification of the post-closure care plan may include,

where appropriate, the temporary suspension rather than

141

permanent deletion of one or more post-closure care requirements.

At the end of the specified period of suspension, the Agency would

then determine whether the

requirement(s) requirements should be

permanently discontinued or reinstated to prevent threats to human

health and the environment.

The Agency procedures described in Sections 725.212 through 725.219 are in the

nature of permit amendments. Amendment of refusal to amend the plan is a

permit denial for purposes of appeal pursuant to 35 Ill. Adm. Code 105. The

Agency

shall must not amend permits in such a manner so that the permit would

not conform with Board regulations.

If any person seeks a closure or post-closure care plan

which that would not

conform with Board regulations, such person

shall must file a site-specific

rulemaking petition pursuant to 35 Ill. Adm. Code 102 or a variance petition

pursuant to

Sections 35 through 38 of the Act [415 ILCS 5/35 through 38] and

Subpart B of 35 Ill. Adm. Code 104.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.219

Post-Closure Notices

Within 90 days after closure is completed, the owner or operator of a disposal facility must

submit to the County Recorder and to the

Director Agency a survey plat indicating the location

and dimensions of landfill cells or other disposal areas with respect to permanently surveyed

benchmarks. This plat must be prepared and certified by a professional land surveyor. The plat

filed with the County Recorder must contain a note, prominently displayed,

which that states the

owner’s or operator’s obligation to restrict disturbance of the site as specified in Section

725.217(c). In addition, the owner or operator must submit to the

Director Agency and to the

County Recorder a record of the type, location

, and quantity of hazardous waste disposed of

within each cell or area of the facility. The owner or operator must identify the type, location

and quantity of hazardous wastes disposed of within each cell or area of the facility. For wastes

disposed of before these regulations were promulgated, the owner or operator must identify the

type, location

, and quantity of the wastes to the best of his knowledge and in accordance with

any records

he the owner or operator has kept.

No later than 60 days after certification of closure of each hazardous waste

disposal unit, the owner or operator

shall must submit to the County Recorder, to

any local zoning authority, or any authority with jurisdiction over local land use,

and to the Agency, a record of the type, location

, and quantity of hazardous

wastes disposed of within each cell or other disposal unit of the facility. For

hazardous wastes disposed of before January 12, 1981, the owner or operator

shall

must identify the type, location, and quantity of the hazardous wastes to the

best of the owner or operator’s knowledge and in accordance with any records the

owner or operator has kept.

142

Within 60 days after certification of closure of the first hazardous waste disposal

unit and within 60 days after certification of closure of the last hazardous waste

disposal unit, the owner or operator

shall must do the following:

Record, in accordance with Illinois law, a notation on the deed to the

facility property

, -- or on some other instrument which that is normally

examined during title search

, -- that will in perpetuity notify any potential

purchaser of the property

that of the following:

The land has been used to manage hazardous wastes;

and

Its use is restricted under

Subpart G of 35 Ill. Adm. Code 725.

Subpart G; and

The survey plat and record of the type, location

, and quantity of

hazardous wastes disposed of within each cell or other hazardous

waste disposal unit of the facility required by Sections 725.216 and

725.219(a) have been filed with the County Recorder, any local

zoning authority, or any authority with jurisdiction over local land

use, and with the Agency; and

Submit

to the Agency a certification signed by the owner or operator that

the owner or operator has recorded the notation specified in subsection

(b)(1)

of this Section, and together with a copy of the document in which

the notation has been placed

, to the Agency.

If the owner or operator or any subsequent owner of the land upon which a

hazardous waste disposal unit was located wishes to remove hazardous wastes

and hazardous waste residues

,; the liner, if any,; and all contaminated structures,

equipment

, and soils, such person shall must request a modification to the

approved post-closure plan in accordance with the requirements of Section

725.218(g). The owner or operator

shall must demonstrate that the removal of

hazardous wastes will satisfy the criteria of Section 725.217(c). By removing

hazardous waste, the owner or operator may become a generator of hazardous

waste and

shall must manage it in accordance with all applicable requirements of

35 Ill. Adm. Code 702, 703

, and 720 through 726. If the owner or operator is

granted approval to conduct the removal activities, the owner or operator may

request that the Agency approve either

of the following:

Removal of the notation on the deed to the facility property or other

instrument normally examined during title search, or

Addition of a notation to the deed or instrument indicating the removal of

the hazardous waste.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

143

Section 725.220

Certification of Completion of Post-Closure Care

No later than 60 days after the completion of the established post-closure care period for each

hazardous waste disposal unit, the owner or operator

shall must submit to the Agency, by

registered mail, a certification that the post-closure care period for the hazardous waste disposal

unit was performed in accordance with the specifications in the approved post-closure plan. The

certification must be signed by the owner or operator and an independent registered professional

engineer. Documentation supporting the independent registered professional engineer’s

certification must be furnished to the Agency upon request until the Agency releases the owner

or operator from the financial assurance requirements for post-closure care under Section

725.245(h).

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.221

Alternative Post-Closure Care Requirements

An owner or operator that is subject to the requirement to obtain a post-closure care

permit under

Subpart B of 35 Ill. Adm. Code 703.Subpart B but which obtain

obtains an enforceable document in lieu of a post-closure permit, as provided in 35

Ill. Adm. Code 703.161,

shall must comply with the following requirements:

The requirements to submit information about the facility in 35 Ill. Adm.

Code 703.214;

The requirements for facility-wide corrective action in 35 Ill. Adm. Code

724.201; and

The requirements of 35 Ill. Adm. Code 724.191 through 724.200.

Implementation of Alternative Requirements.

Public notice, public comments, and public hearing.

In establishing alternative requirements in an enforceable document

in lieu of a permit under this Section, the Board will assure a

meaningful opportunity for public involvement that, at a minimum,

includes public notice and opportunity for public comment, as

provided under the relevant provisions of the Act:

For a site-specific rulemaking, in Sections 27 and 28 of the

Act [415 ILCS 5/27 and 28].

ii)

For an adjusted standard, in Section 28.1 of the Act [415

ILCS 5/28.1].

144

iii)

For a variance, in Sections 35 through 38 of the Act [415

ILCS 5/35 through 38].

iv)

For an order issued pursuant to Section 33(a) of the Act [415

ILCS 5/33(a)], in Sections 31, 32, and 33 of the Act [415

ILCS 5/31, 32, and 33].

When an owner or operator submits a plan to the Agency pursuant to

an appropriate statutory or regulatory authority, the Agency

shall

must

provide public notice and an opportunity for public hearing on

the plan according to the requirements of

Subparts D and E 35 Ill.

Adm. Code 705.Subparts

D and E as follows:

When the Agency becomes involved in remedial action at

the facility under regulations or in an enforcement action;

ii)

On the proposed preferred remedy and on the assumptions

on which the remedy is based, especially those relating to

land use and site characterization; and

iii)

At the time of a proposed decision that remedial action is

complete at the facility.

The requirements of subsection (b)(1)(B) of this Section must be met

before the Agency may consider that the facility owner or operator

has met the requirements of 35 Ill. Adm. Code 703.161, unless the

facility qualifies for a modification to these public participation

requirements under either of subsections (b)(2) or (b)(3) of this

Section.

If the Agency determines that even a short delay in the implementation of a

remedy would adversely affect human health or the environment, the

Agency may delay compliance with the requirements of subsection

(b)(1)(B) of this Section and immediately implement the remedy. However,

the Agency

shall must assure involvement of the public at the earliest

opportunity and, in all cases, upon making the decision that additional

remedial action is not needed at the facility.

The Agency may allow a remediation initiated prior to August 6, 1999 to

substitute for corrective action required under a post-closure care permit

even if the public involvement requirements of subsection (b)(1)(B) of this

Section have not been met

, so long as the Agency assures that notice and

comment on the decision that no further remediation is necessary to

adequately protect human health and the environment takes place at the

earliest reasonable opportunity after August 6, 1999.

145

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

SUBPART H: FINANCIAL REQUIREMENTS

Section 725.240

Applicability

The requirements of Sections 725.242, 725.243, and 725.247 through 725.250

apply to owners and operators of all hazardous waste facilities, except as provided

otherwise in this Section or in Section 725.101.

The requirements of Sections 725.244 and 725.246 apply only to owners and

operators of any of the following:

Disposal facilities;

Tank systems that are required under Section 725.297 to meet the

requirements for landfills; or

Containment buildings that are required under Section 725.1102 to meet

the requirements for landfills.

States and the

Federal Government federal government are exempt from the

requirements of this Subpart

A permit or enforceable document can contain alternative requirements that replace

all or part of the financial assurance requirements of

this Subpart H of this Part

applying to a regulated unit, as provided in 35 Ill. Adm. Code 703.161, where the

Board or Agency has done the following:

The Board

or Agency, by an adjusted standard granted pursuant to Section

28.1 of the Act [415 ILCS 5/28.1] and Subpart D of 35 Ill. Adm. Code

104, has established alternative requirements for the regulated unit

established under Section 725.190(f) or Section 724.210(d); and

The Board

or Agency determines has determined that it is not necessary to

apply the financial assurance requirements of

this Subpart H of this Part

because the alternative financial assurance requirements will protect human

health and the environment.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.241

Definitions of Terms as Used in this Subpart

“Closure plan” means the plan for closure prepared in accordance with the

requirements of Section 725.212.

146

“Current closure cost estimate” means the most recent of the estimates prepared

in accordance with Sections 725.242(a), (b)

, and (c).

“Current post-closure cost estimate” means the most recent of the estimates

prepared in accordance with Sections 725.244(a), (b)

, and (c).

“Parent corporation” means a corporation

which that directly owns at least 50

percent of the voting stock of the corporation

which that is the facility owner or

operator; the latter corporation is deemed a “subsidiary” of the parent corporation.

“Post-closure plan” means the plan for post-closure care prepared in accordance

with the requirements of Sections 725.217 through 725.220.

The following terms are used in the specifications for the financial tests for

closure, post-closure care

, and liability coverage. The definitions are intended to

assist in the understanding of these regulations and are not intended to limit the

meanings of terms in a way that conflicts with generally accepted accounting

practices.

“Assets” mean all existing and all probable future economic benefits

obtained or controlled by a particular entity.

“Current assets” mean cash or other assets or resources commonly

identified as those

which that are reasonably expected to be realized in

cash or sold or consumed during the normal operating cycle of the

business.

“Current liabilities” means obligations whose liquidation is reasonably

expected to require the use of existing resources properly classifiable as

current assets or the creation of other current liabilities.

“Current plugging and abandonment cost estimate” means the most recent

of the estimates prepared in accordance with 35 Ill. Adm. Code

704.212(a), (b)

, and (c).

“Independently audited” refers to an audit performed by an independent

certified public accountant in accordance with generally accepted auditing

standards.

“Liabilities” means probable future sacrifices of economic benefits arising

from present obligations to transfer assets or provide services to other

entities in the future as a result of past transactions or events.

“Net working capital” means current assets minus current liabilities.

“Net worth” means total assets minus total liabilities and is equivalent to

147

owner’s equity.

“Tangible net worth” means the tangible assets that remain after deducting

liabilities; such assets would not include intangibles

, such as goodwill and

rights to patents or royalties.

In the liability insurance requirements the terms “bodily injury” and “property

damage” have the meanings given below. The Board intends the meanings of

other terms used in the liability insurance requirements to be consistent with their

common meanings within the insurance industry. The definitions given below of

several of the terms are intended to assist in the understanding of these

regulations and are not intended to limit their meanings in a way that conflicts

with general insurance industry usage.

“Accidental occurrence” means an accident

, including continuous or

repeated exposure to conditions,

which that results in bodily injury or

property damage neither expected nor intended from the standpoint of the

insured.

“Bodily injury” means bodily injury, sickness

, or disease sustained by a

person, including death resulting from any of these at any time. However,

this term does not include those liabilities

which that, consistent with

standard insurance industry practices, are excluded from coverage in

liability insurance policies for bodily injury.

BOARD NOTE: Derived from 40 CFR 264.141 (1988), as amended at 53

Fed. Reg. 33950, September 1, 1988, modified to insert the Insurance

Services Office definition.

“Environmental damage” means the injurious presence in or upon land,

the atmosphere or any watercourse or body of water of solid, liquid,

gaseous

, or thermal contaminants, irritants, or pollutants.

BOARD NOTE: This term is used in the definition of “pollution

incident

.”.

“Legal defense costs” means any expenses that an insurer incurs in

defending against claims of third parties brought under the terms and

conditions of an insurance policy.

“Nonsudden accidental occurrence” means an occurrence

which that takes

place over time and involves continuous or repeated exposure.

“Pollutants” means any solid, liquid, gaseous

, or thermal irritant or

contaminant, including smoke, vapor, soot, fumes, acids, alkalis,

chemicals

, and waste.

148

BOARD NOTE: This definition is used in the definition of “pollution

incident

.”.

“Pollution incident” means emission, discharge, release or escape of

pollutants into or upon land, the atmosphere or any watercourse or body of

water, provided that such emission, discharge, release

, or escape results in

“environmental damage

.”. The entirety of any such emission, discharge,

release

, or escape shall must be deemed to be one “pollution incident.”.

“Waste” includes materials to be recycled, reconditioned

, or reclaimed.

The term “pollution incident” includes an “occurrence

.”.

BOARD NOTE: This definition is used in the definition of “property

damage

.”.

“Property damage” means

as follows:

Either

of the following:

Physical injury to, destruction of

, or contamination of

tangible property, including all resulting loss of use of that

property; or

Loss of use of tangible property that is not physically

injured, destroyed

, or contaminated, but has been

evacuated, withdrawn from use

, or rendered inaccessible

because of a “pollution incident

.”.

This term does not include those liabilities

which that, consistent

with standard insurance industry practices, are excluded from

coverage in liability insurance policies for property damage.

BOARD NOTE: Derived from 40 CFR 264.141 (1988), as

amended at 53 Fed. Reg. 33950, September 1, 1988, modified to

insert the Insurance Services Office definition.

“Sudden accidental occurrence” means an occurrence

which that is not

continuous or repeated in nature.

“Substantial business relationship” means that one business entity has an

ownership interest in another.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

149

Section 725.242

Cost Estimate for Closure

The owner or operator

shall must have a detailed written estimate, in current

dollars, of the cost of closing the facility in accordance with the requirements in

Sections 725.211 through 725.215 and applicable closure requirements of

Sections 725.278, 725.297, 725.328, 725.358, 725.380, 725.410, 725.451,

725.481, 725.504, and 725.1102.

The estimate must equal the cost of final closure at the point in the

facility’s active life when the extent and manner of its operation would

make closure the most expensive, as indicated by its closure plan (see

Section 725.212(b)); and

The closure cost estimate must be based on the costs to the owner or

operator of hiring a third party to close the facility. A third party is a party

who that is neither a parent nor a subsidiary of the owner or operator. (See

definition of “parent corporation” in Section 725.241(d).) The owner or

operator may use costs for on-site disposal if the owner or operator

demonstrates that on-site disposal capacity will exist at all times over the

life of the facility.

The closure cost estimate must not incorporate any salvage value that may

be realized by the sale of hazardous wastes, or non-hazardous wastes if

applicable under Section 725.213(d), facility structures or equipment, land

or other facility assets at the time of partial or final closure.

The owner or operator

shall must not incorporate a zero cost for hazardous

waste, or non-hazardous waste if applicable under Section 725.213(d),

which

that may have economic value.

During the active life of the facility, the owner or operator

shall must adjust the

closure cost estimate for inflation within 60 days prior to the anniversary date of

the establishment of the financial instruments used to comply with Section

725.243. For

owners and operators an owner or operator using the financial test

or corporate guarantee, the closure cost estimate must be updated for inflation

within 30 days after the close of the firm’s fiscal year and before submission of

updated information to the Agency

, as specified in Section 725.243(e)(5). The

adjustment may be made by recalculating the closure cost estimate in current

dollars, or by using an inflation factor derived from the most recent annual

Implicit Price Deflator for Gross National Product

, as published by the U.S.

Department of Commerce in its Survey of Current Business as specified in

subsections (b)(1) and (b)(2)

, below of this Section. The inflation factor is the

result of dividing the latest published annual Deflator by the Deflator for the

previous year.

The first adjustment is made by multiplying the closure cost estimate by

150

the inflation factor. The result is the adjusted closure cost estimate.

Subsequent adjustments are made by multiplying the latest adjusted

closure cost estimate by the latest inflation factor.

During the active life of the facility, the owner or operator

shall must revise the

closure cost estimate no later than 30 days after a revision has been made to the

closure plan

which that increases the cost of closure. If the owner or operator has

an approved closure plan, the closure cost estimate must be revised no later than

30 days after the Agency has approved the request to modify the closure plan if

the change in the closure plan increases the cost of closure. The revised closure

cost estimate must be adjusted for inflation as specified in subsection (b)

, above

of this Section

The owner or operator

shall must keep the following at the facility during the

operating life of the facility:

The the latest closure cost estimate prepared in

accordance with subsections (a) and (c)

, above of this Section, and, when this

estimate has been adjusted in accordance with subsection (b)

, above of this

Section, the latest adjusted closure cost estimate.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.243

Financial Assurance for Closure

An owner or operator of each facility

shall must establish financial assurance for closure of the

facility. The owner or operator

shall must choose from the options as specified in subsections

(a) through (e)

, below of this Section.

Closure trust fund.

An owner or operator may satisfy the requirements of this Section by

establishing a closure trust fund

which that conforms to the requirements

of this subsection and submitting an original, signed duplicate of the trust

agreement to the Agency. The trustee must be an entity

which that has the

authority to act as a trustee and whose trust operations are regulated and

examined by a

Federal federal or State agency.

The wording of the trust agreement must be as specified in 35 Ill. Adm.

Code 724.251 and the trust agreement must be accompanied by a formal

certification of acknowledgment as specified in 35 Ill. Adm. Code

724.251. Schedule A of the trust agreement must be updated within 60

days after a change in the amount of the current closure cost estimate

covered by the agreement.

Payments into the trust fund must be made annually by the owner or

operator over the 20 years beginning May 19, 1981, or over the remaining

151

operating life of the facility as estimated in the closure plan, whichever

period is shorter; this period is hereafter referred to as the “pay-in period.”

The payments into the closure trust fund must be made as follows:

The first payment must be made before May 19, 1981, except as

provided in subsection (a)(5)

, below of this Section. The first

payment must be at least equal to the current closure cost estimate,

except as provided in subsection (f)

, below of this Section, divided

by the number of years in the pay-in period.

Subsequent payments must be made no later than 30 days after

each anniversary date of the first payment. The amount of each

subsequent payment must be determined by this formula:

Next payment = (CE - CV) / Y

Next Payment

−

where CE is the current closure cost estimate, CV is the

current value of the trust fund and Y is the number of years

remaining in the pay-in period.

where

CE is the current closure cost estimate,

CV is the current value of the trust fund, and

Y is the number of years remaining in the pay-in period.

The owner or operator may accelerate payments into the trust fund or may

deposit the full amount of the current closure cost estimate at the time the

fund is established. However, the owner or operator

shall must maintain

the value of the fund at no less than the value that the fund would have if

annual payments were made as specified in subsection (a)(3)

, above of

this Section.

If the owner or operator establishes a closure trust fund after having used

one or more alternate mechanisms specified in this Section, the owner or

operator’s first payment must be in at least the amount that the fund would

contain if the trust fund were established initially and annual payments

made as specified in subsection (a)(3)

, above of this Section.

After the pay-in period is completed, whenever the current closure cost

estimate changes, the owner or operator

shall must compare the new

estimate with the trustee’s most recent annual valuation of the trust fund.

152

If the value of the fund is less than the amount of the new estimate, the

owner or operator, within 60 days after the change in the cost estimate,

shall

must either deposit an amount into the fund so that its value after this

deposit at least equals the amount of the current closure cost estimate, or

obtain other financial assurance,

as specified in this Section, to cover the

difference.

If the value of the trust fund is greater than the total amount of the current

closure cost estimate, the owner or operator may submit a written request

to the Agency for release of the amount in excess of the current closure

cost estimate.

If an owner or operator substitutes other financial assurance,

as specified

in this Section,

for all or part of the trust fund, the owner or operator may

submit a written request to the Agency for release of the amount in excess

of the current closure cost estimate covered by the trust fund.

Within 60 days after receiving a request from the owner or operator for

release of funds as specified in

subsections subsection (a)(7) or (a)(8),

above of this Section, the Agency shall must instruct the trustee to release

to the owner or operator such funds as the Agency specifies in writing.

10)

After beginning partial or final closure, an owner or operator or another

person authorized to conduct partial or final closure may request

reimbursement for closure expenditures by submitting itemized bills to the

Agency. The owner or operator may request reimbursement for partial

closure only if sufficient funds are remaining in the trust fund to cover the

maximum costs of closing the facility over its remaining operating life.

Within 60 days after receiving bills for partial or final closure activities,

the Agency

shall must instruct the trustee to make reimbursement in those

amounts as the Agency specifies in writing if the Agency determines that

the partial or final closure expenditures are in accordance with the

approved closure plan, or otherwise justified. If the Agency determines

that the maximum cost of closure over the remaining life of the facility

will be significantly greater than the value of the trust fund, it

shall must

withhold reimbursement of such amounts as it deems prudent until it

determines, in accordance with subsection (h)

, below of this Section, that

the owner or operator is no longer required to maintain financial assurance

for final closure of the facility. If the Agency does not instruct the trustee

to make such reimbursements, the Agency

shall must provide the owner or

operator a detailed written statement of reasons.

11)

The Agency

shall must agree to termination of the trust when either of the

following occurs:

An owner or operator substitutes alternate financial assurance,

153

specified in this Section; or

The Agency releases the owner or operator from the requirements

of this Section in accordance with subsection (h)

, below of this

Section.

Surety bond guaranteeing payment into a closure trust fund.

An owner or operator may satisfy the requirements of this Section by

obtaining a surety bond

which that conforms to the requirements of this

subsection (b)

and submitting the bond to the Agency. The surety

company issuing the bond must, at a minimum, be among those listed as

acceptable sureties on

Federal federal bonds in Circular 570 of the U.S.

Department of the Treasury.

The wording of the surety bond must be as specified in 35 Ill. Adm. Code

724.251.

The owner or operator

who that uses a surety bond to satisfy the

requirements of this Section

shall must also establish a standby trust fund.

Under the terms of the bond, all payments made thereunder will be

deposited by the surety directly into the standby trust fund in accordance

with instructions from the Agency. This standby trust fund must meet the

requirements specified in subsection (a)

, above of this Section except that

as follows

An original, signed duplicate of the trust agreement must be

submitted to the Agency with the surety bond; and

Until the standby trust fund is funded pursuant to the requirements

of this Section, the following are not required by these regulations:

Payments into the trust fund,

as specified in subsection (a);

ii)

Updating of Schedule A of the trust agreement (see 40 CFR

264.251(a)) to show current closure cost estimates;

iii)

Annual valuations,

as required by the trust agreement; and

iv)

Notices of nonpayment,

as required by the trust agreement.

The bond must guarantee that the owner or operator will:

Fund the standby trust fund in an amount equal to the penal sum of

the bond before the beginning of final closure of the facility;

154

Fund the standby trust fund in an amount equal to the penal sum

within 15 days after an order to begin final closure is issued by the

Board or a

U.S. district court or other court of competent

jurisdiction; or

Provide alternate financial assurance,

as specified in this Section,

and obtain the Agency’s written approval of the assurance

provided, within 90 days after receipt by both the owner or

operator and the Agency of a notice of cancellation of the bond

from the surety.

Under the terms of the bond, the surety will become liable on the bond

obligation when the owner or operator fails to perform as guaranteed by

the bond.

The penal sum of the bond must be in an amount at least equal to the

current closure cost estimate, except as provided in subsection (f)

, below

of this Section

Whenever the current closure cost estimate increases to an amount greater

than the penal sum, the owner or operator, within 60 days after the

increase,

shall must either cause the penal sum to be increased to an

amount at least equal to the current closure cost estimate and submit

evidence of such increase to the Agency, or obtain other financial

assurance,

as specified in this Section, to cover the increase. Whenever

the current closure cost estimate decreases, the penal sum may be reduced

to the amount of the current closure cost estimate following written

approval by the Agency.

Under the terms of the bond, the surety may cancel the bond by sending

notice of cancellation by certified mail to the owner or operator and to the

Agency. Cancellation may not occur, however, during the 120 days

beginning on the date of receipt of the notice of cancellation by both the

owner or operator and the Agency, as evidenced by the return receipts.

The owner or operator may cancel the bond if the Agency has given prior

written consent based on its receipt of evidence of alternate financial

assurance,

as specified in this Section.

Closure letter of credit.

An owner or operator may satisfy the requirements of this Section by

obtaining an irrevocable standby letter of credit

which that conforms to

the requirements of this subsection (c)

and submitting the letter to the

Agency. The issuing institution must be an entity

which that has the

authority to issue letters of credit and whose letter-of-credit operations are

155

regulated and examined by a

Federal federal or State agency.

The wording of the letter of credit must be as specified in 35 Ill. Adm.

Code 724.251.

An owner or operator

who that uses a letter of credit to satisfy the

requirements of this Section

shall must also establish a standby trust fund.

Under the terms of the letter of credit, all amounts paid pursuant to a draft

by the Agency

will must be deposited by the issuing institution directly

into the standby trust fund in accordance with instructions from the

Agency. This standby trust fund must meet the requirements of the trust

fund specified in subsection (a)

, above of this Section, except that as

follows:

An original, signed duplicate of the trust agreement must be

submitted to the Agency with the letter of credit; and

Unless the standby trust fund is funded pursuant to the

requirements of this Section, the following are not required by

these regulations

Payments into the trust fund,

as specified in subsection (a),

above of this Section;

ii)

Updating of Schedule A of the trust agreement (as specified

in 35 Ill. Adm. Code 724.251) to show current closure cost

estimates;

iii)

Annual valuations,

as required by the trust agreement; and

iv)

Notices of nonpayment as required by the trust agreement.

The letter of credit must be accompanied by a letter from the owner or

operator referring to the letter of credit by number, issuing institution, and

date and providing the following information: the USEPA

Identification

Number identification number, name and address of the facility, and the

amount of funds assured for closure of the facility by the letter of credit.

The letter of credit must be irrevocable and issued for a period of at least 1

year.

The the letter of credit must provide that the expiration date will be

automatically extended for a period of at least

1 one year unless, at least

120 days before the current expiration date, the issuing institution notifies

both the owner or operator and the Agency by certified mail of a decision

not to extend the expiration date. Under the terms of the letter of credit,

the 120 days will begin on the date when both the owner or operator and

the Agency have received the notice, as evidenced by the return receipts.

156

The letter of credit must be issued in an amount at least equal to the

current closure cost estimate, except as provided in subsection (f)

, below

of this Section

Whenever the current closure cost estimate increases to an amount greater

than the amount of the credit, the owner or operator, within 60 days after

the increase,

shall must either cause the amount of the credit to be

increased so that it at least equals the current closure cost estimate and

submit evidence of such increase to the Agency, or obtain other financial

assurance,

as specified in this Section, to cover the increase. Whenever

the current closure cost estimate decreases, the amount of the credit may

be reduced to the amount of the current closure cost estimate following

written approval by the Agency.

Following a final judicial determination or Board order finding that the

owner or operator has failed to perform final closure in accordance with

the approved closure plan when required to do so, the Agency may draw

on the letter of credit.

If the owner or operator does not establish alternate financial assurance,

specified in this Section,

and obtain written approval of such alternate

assurance from the Agency within 90 days after receipt by both the owner

or operator and the Agency of a notice from issuing institution that it has

decided not to extend the letter of credit beyond the current expiration

date, the Agency

shall must draw on the letter of credit. The Agency may

delay the drawing if the issuing institution grants an extension of the term

of the credit. During the last 30 days of any such extension the Agency

shall

must draw on the letter of credit if the owner or operator has failed to

provide alternate financial assurance,

as specified in this Section, and

obtain written approval of such assurance from the Agency.

10)

The Agency

shall must return the letter of credit to the issuing institution

for termination when one of the following occurs

An owner or operator substitutes alternate financial assurance,

specified in this Section; or

The Agency releases the owner or operator from the requirements

of this Section in accordance with subsection (h)

, below of this

Section.

Closure insurance.

An owner or operator may satisfy the requirements of this Section by

obtaining closure insurance

which that conforms to the requirements of

157

this subsection and submitting a certificate of such insurance to the

Agency. At a minimum, the insurer must be licensed to transact the

business of insurance, or eligible to provide insurance as an excess or

surplus lines insurer, in one or more States.

The wording of the certificate of insurance must be as specified in 35 Ill.

Adm. Code 724.251.

The closure insurance policy must be issued for a face amount at least

equal to the current closure cost estimate, except as provided in subsection

(f)

, below of this Section. The term “face amount” means the total amount

the insurer is obligated to pay under the policy. Actual payments by the

insurer will not change the face amount, although the insurer’s future

liability will be lowered by the amount of the payments.

The closure insurance policy must guarantee that funds will be available

to close the facility whenever final closure occurs. The policy must also

guarantee that, once final closure begins, the insurer will be responsible

for paying out funds, up to an amount equal to the face amount of the

policy, upon the direction of the Agency to such party or parties as the

Agency specifies.

After beginning partial or final closure, an owner or operator or any other

person authorized to conduct closure may request reimbursement for

closure expenditures by submitting itemized bills to the Agency. The

owner or operator may request reimbursement for partial closure only if

the remaining value of the policy is sufficient to cover the maximum costs

of closing the facility over its remaining operating life. Within 60 days

after receiving bills for closure activities, the Agency

shall must instruct

the insurer to make reimbursement in such amounts as the Agency

specifies in writing if the Agency determines that the partial or final

closure expenditures are in accordance with the approved closure plan or

otherwise justified. If the Agency determines that the maximum cost of

closure over the remaining life of the facility will be significantly greater

than the face amount of the policy, it

shall must withhold reimbursement

of such amounts as it deems prudent until it determines, in accordance

with subsection (h)

, below of this Section, that the owner or operator is no

longer required to maintain financial assurance for final closure of the

particular facility. If the Agency does not instruct the insurer to make

such reimbursements, the Agency

shall must provide the owner or

operator with a detailed written statement of reasons.

The owner or operator

shall must maintain the policy in full force and

effect until the Agency consents to termination of the policy by the owner

or operator as specified in subsection (d)(10)

, below of this Section.

Failure to pay the premium, without substitution of alternate financial

158

assurance as specified in this Section, will constitute a significant

violation of these regulations, warranting such remedy as the Board may

impose pursuant to the Environmental Protection Act. Such violation will

be deemed to begin upon receipt by the Agency of a notice of future

cancellation, termination,

or failure to renew due to nonpayment of the

premium, rather than upon the date of expiration.

Each policy must contain a provision allowing assignment of the policy to

a successor owner or operator. Such assignment may be conditional upon

consent of the insurer, provided such consent is not unreasonably refused.

The policy must provide that the insurer may not cancel, terminate,

or fail

to renew the policy except for failure to pay the premium. The automatic

renewal of the policy must, at a minimum, provide the insured with the

option of renewal at the face amount of the expiring policy. If there is a

failure to pay the premium, the insurer may elect to cancel, terminate,

fail to renew the policy by sending notice by certified mail to the owner or

operator and the Agency. Cancellation, termination,

or failure to renew

may not occur, however, during the 120 days beginning with the date of

receipt of the notice by both the Agency and the owner or operator, as

evidenced by the return receipts. Cancellation, termination,

or failure to

renew may not occur and the policy will remain in full force and effect in

the event that on or before the date of expiration one of the following

occurs:

The Agency deems the facility abandoned;

Interim status is terminated or revoked;

Closure is ordered by the Board or a

U.S. district court or other

court of competent jurisdiction; or

The owner or operator is named as debtor in a voluntary or

involuntary proceeding under 11 U.S.C. (Bankruptcy); or

The premium due is paid.

Whenever the current closure cost estimate increases to an amount greater

than the face amount of the policy, the owner or operator, within 60 days

after the increase,

shall must either cause the face amount to be increased

to an amount at least equal to the current closure cost estimate and submit

evidence of such increase to the Agency, or obtain other financial

assurance as specified in this Section to cover the increase. Whenever the

current closure cost estimate decreases, the face amount may be reduced

to the amount of the current closure cost estimate following written

approval by the Agency.

159

10)

The Agency

shall must give written consent to the owner or operator that

the owner or operator may terminate the insurance policy when either of

the following occurs:

An owner or operator substitutes alternate financial assurance,

specified in this Section; or

The Agency releases the owner or operator from the requirements

of this Section in accordance with subsection (h)

below of this

Section.

Financial test and corporate guarantee for closure.

An owner or operator may satisfy the requirements of this Section by

demonstrating that the owner or operator passes a financial test as

specified in this subsection. To pass this test the owner or operator

shall

must

meet the criteria of either subsection (e)(1)(A) or (e)(1)(B), below of

this Section:

The owner or operator

shall must have all of the following:

Two of the following three ratios: a ratio of total liabilities

to net worth less than 2.0; a ratio of the sum of net income

plus depreciation, depletion and amortization to total

liabilities greater than 0.1; and a ratio of current assets to

current liabilities greater than 1.5;

and

ii)

Net working capital and tangible net worth each at least six

times the sum of the current closure and post-closure cost

estimates and the current plugging and abandonment cost

estimates;

and

iii)

Tangible net worth of at least $10 million; and

iv)

Assests Assets located in the United States amounting to at

least 90 percent of total assets or at least six times the sum

of the current closure and post-closure cost estimates and

the current plugging and abandonment cost estimates.

The owner or operator

shall must have all of the following:

A current rating for its most recent bond issuance of AAA,

AA, A,

or BBB, as issued by Standard and Poor’s, or Aaa,

Aa, A,

or Baa, as issued by Moody’s; and

160

ii)

Tangible net worth at least six times the sum of the current

closure and post-closure cost estimates and the current

plugging and abandonment cost estimates;

and

iii)

Tangible net worth of at least $10 million; and

iv)

Assets located in the United States amounting to at least 90

percent of total assets or at least six times the sum of the

current closure and post-closure cost estimates and the

current plugging and abandonment cost estimates.

The phrase “current closure and post-closure cost estimates,”

as used in

subsection (e)(1)

, above of this Section, refers to the cost estimates

required to be shown in subsections 1 through 4 of the letter from the

owner’s or operator’s chief financial officer (40 CFR 264.151(f))

(incorporated by reference in 35 Ill. Adm. Code 724.251). The phrase

“current plugging and abandonment cost estimates,”

as used in subsection

(e)(1)

, above of this Section, refers to the cost estimates required to be

shown in subsections 1 through 4 of the letter from the owner’s or

operator’s chief financial officer (40 CFR 144.70(f)), incorporated by

reference in 35 Ill. Adm. Code 704.240.

To demonstrate that the owner or operator meets this test, the owner or

operator

shall must submit each of the following items to the Agency:

A letter signed by the owner’s or operator’s chief financial officer

and worded as specified in 35 Ill. Adm. Code 724.251;

and

A copy of the independent certified public accountant’s report on

examination of the owner’s or operator’s financial statements for

the latest completed fiscal year; and

A special report from the owner’s or operator’s independent

certified public accountant to the owner or operator stating

that the

following:

The That the accountant has compared the data which that

the letter from the chief financial officer specifies as having

been derived from the independently audited, year-end

financial statements for the latest fiscal year with the

amounts in such financial statements; and

ii)

In connection with that procedure, that

no matters came to

the accountant’s attention which caused the accountant to

believe that the specified data should be adjusted.

161

This subsection (e)(4) corresponds with 40 CFR 265.143(e)(4), a federal

provision relating to an extension of the time to file the proofs of financial

assurance required by this subsection (e) granted by USEPA. This

statement maintains structural consistency with the corresponding federal

regulations.

After the initial submission of items specified in subsection (e)(3), above

of this Section

, the owner or operator shall must send updated information

to the Agency within 90 days after the close of each succeeding fiscal

year. This information must consist of all three items specified in

subsection (e)(3)

, above of this Section.

If the owner or operator no longer meets the requirements of subsection

(e)(1)

, above, of this Section, the owner or operator shall must send notice

to the Agency of intent to establish alternate financial assurance as

specified in this Section. The notice must be sent by certified mail within

90 days after the end of the fiscal year for which the year-end financial

data show that the owner or operator no longer meets the requirements.

The owner or operator

shall must provide the alternate financial assurance

within 120 days after the end of such fiscal year.

The Agency may, based on a reasonable belief that the owner or operator

may no longer meet the requirements of subsection (e)(1)

, above, of this

Section, require reports or of financial condition at any time from the

owner or operator in addition to those specified in subsection (e)(3)

, above

of this Section

. If the Agency finds, on the basis of such reports or other

information, that the owner or operator no longer meets the requirements

of subsection (e)(1)

, above of this Section, the owner or operator shall

must

provide alternate financial assurance as specified in this Section

within 30 days after notification of such a finding.

The Agency may disallow use of this test on the basis of qualifications in

the opinion expressed by the independent certified public accountant in

the accountant’s report on examination of the owner’s or operator’s

financial statements (see subsection (e)(3)(B)

, above of this Section). An

adverse opinion or a disclaimer of opinion will be cause for disallowance.

The Agency

shall must evaluate other qualifications on an individual

basis. The owner or operator

shall must provide alternate financial

assurance as specified in this Section within 30 days after notification of

the disallowance.

The owner or operator is no longer required to submit the items specified

in subsection (e)(3)

, above, of this Section when either of the following

occurs:

An owner or operator substitutes alternate financial assurance,

162

specified in this Section; or

The Agency releases the owner or operator from the requirements

of this Section in accordance with subsection (h)

, below of this

Section.

10)

An owner or operator may meet the requirements of this Section by

obtaining a written guarantee, hereafter referred to as “corporate

guarantee.” The guarantor

shall must be the direct or higher-tier parent

corporation of the owner or operator, a firm whose parent corporation is

also the parent corporation of the owner or operator, or a firm with a

“substantial business relationship” with the owner or operator. The

guarantor

shall must meet the requirements for owners or operators in

subsections (e)(1) through (e)(8)

, above of this Section, and shall must

comply with the terms of the corporate guarantee. The wording of the

corporate guarantee must be identical to the wording specified in 35 Ill.

Adm. Code 724.251. The corporate guarantee must accompany the items

sent to the Agency as specified in subsection (e)(3)

, above of this Section.

One of these items must be the letter from the guarantor’s chief financial

officer. If the guarantor’s parent corporation is also the parent corporation

of the owner or operator, the letter must describe the value received in

consideration of the guarantee. If the guarantor is a firm with a

“substantial business relationship” with the owner or operator, this letter

must describe this substantial business relationship” and the value

received in consideration of the guarantee. The terms of the corporate

guarantee must provide

that the following:

If That, if the owner or operator fails to perform final closure of a

facility covered by the corporate guarantee in accordance with the

closure plan and other interim status requirements whenever

required to do so, the guarantor will do so or establish a trust fund

as specified in subsection (a)

, above of this Section, in the name of

the owner or operator.

The That the corporate guarantee will remain in force unless the

guarantor sends notice of cancellation by certified mail to the

owner or operator and to the Agency. Cancellation may not occur,

however, during the 120 days beginning on the date of receipt of

the notice of cancellation by both the owner or operator and the

Agency, as evidenced by the return receipts.

If That, if the owner or operator fails to provide alternate financial

assurance as specified in this Section and obtain the written

approval of such alternate assurance from the Agency within 90

days after receipt by both the owner or operator and the Agency of

a notice of cancellation of the corporate guarantee from the

163

guarantor, the guarantor will provide such alternate financial

assurance in the name of the owner or operator.

Use of multiple financial mechanisms. An owner or operator may satisfy the

requirements of this Section by establishing more than one financial mechanism

per facility. These mechanisms are limited to trust funds, surety bonds, letters of

credit,

and insurance. The mechanisms must be as specified in subsections (a)

through (d)

, above of this Section, respectively, except that it is the combination

of mechanisms, rather than the single mechanism,

which that must provide

financial assurance for an amount at least equal to the current closure cost

estimate. If an owner or operator uses a trust fund in combination with a surety

bond or a letter of credit, the owner or operator may use the trust fund as the

standby trust fund for the other mechanisms. A single standby trust fund may be

established for two or more mechanisms. The Agency may use any or all of the

mechanisms to provide for closure of the facility.

Use of a financial mechanism for multiple facilities. An owner or operator may

use a financial assurance mechanism specified in this Section to meet the

requirements of this Section for more than one facility. Evidence of financial

assurance submitted to the Agency must include a list showing, for each facility,

the USEPA

Identification Number, name, address, and the amount of funds for

closure assured by the mechanism. The amount of funds available through the

mechanism must be no less than the sum of funds that would be available if a

separate mechanism had been established and maintained for each facility. The

amount of funds available to the Agency must be sufficient to close all of the

owner or operator’s facilities. In directing funds available through the mechanism

for closure of any of the facilities covered by the mechanism, the Agency may

direct only the amount of funds designated for that facility, unless the owner or

operator agrees to the use of additional funds available under the mechanism.

Release of the owner or operator from the requirements of this Section. Within

60 days after receiving certifications from the owner or operator and an

independent registered professional engineer that final closure has been

completed in accordance with the approved closure plan, the Agency

shall must

notify the owner or operator in writing that the owner or operator is no longer

required by this Section to maintain financial assurance for closure of the facility,

unless the Agency determines that closure has not been in accordance with the

approved closure plan. The Agency

shall must provide the owner or operator a

detailed written statement of any such determination that closure has not been in

accordance with the approved closure plan.

Appeal. The following Agency actions are deemed to be permit modifications or

refusals to modify for purposes of appeal to the Board (35 Ill. Adm. Code

702.184(e)(3)):

An increase in, or a refusal to decrease the amount of, a bond, letter of

164

credit,

or insurance; or

Requiring alternate assurance upon a finding that an owner or operator

, or

parent corporation

, no longer meets a financial test.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.244

Cost Estimate for

Post-closure Post-Closure Care

The owner or operator of a hazardous waste disposal unit

shall must have a

detailed written estimate, in current dollars, of the annual cost of post-closure

monitoring and maintenance of the facility in accordance with the applicable

post-closure regulations in Section 725.217 through 725.220, 725.328, 725.358,

725.380,

and 725.410.

The post-closure cost estimate must be based on the costs to the owner or

operator of hiring a third party to conduct post-closure care activities. A

third party is a party

who that is neither a parent nor a subsidiary of the

owner or operator. (See the

definition of “parent corporation” in Section

725.241(d).)

The post-closure cost estimate is calculated by multiplying the annual

post-closure cost estimate by the number of years of post-closure care

required under Section 725.217.

During the active life of the facility, the owner or operator

shall must adjust the

post-closure cost estimate for inflation within 30 days after each anniversary of

the date on which the first post-closure cost estimate was prepared. The

adjustment must be made 60 days prior to the anniversary date of the

establishment of the financial instruments used to comply with Section 725.245.

For

owners and operators an owner or operator using the financial test or

corporate guarantee, the closure cost estimate must be updated for inflation within

30 days after the close of the firm’s fiscal year and before submission of updated

information to the Agency as specified in Section 725.245(e)(5). The adjustment

may be made by recalculating the post-closure cost estimate in current dollars, or

by using an inflation factor derived from the annual Implicit Price Deflator for

Gross National Product as published by the U.S. Department of Commerce in its

Survey of Current Business as specified in subsections (b)(1) and (b)(2) of this

Section. The inflation factor is the result of dividing the latest published annual

Deflator by the Deflator for the previous year.

The first adjustment is made by multiplying the post-closure estimate by

the inflation factor. The result is the adjusted post-closure cost estimate.

Subsequent adjustments are made by multiplying the latest adjusted post-

closure cost estimate by the latest inflation factor.

165

During the active life of the facility, the owner or operator

shall must revise the

post-closure cost estimate whenever a change in the post-closure plan no later

than 30 days after a revision to the post-closure plan

which that increases the cost

of post-closure care. If the owner or operator has an approved post-closure plan,

the post-closure cost estimate must be revised no later than 30 days after the

Agency has approved the request to modify the plan if the change in the post-

closure plan increases the cost of post-closure care. The revised post-closure cost

estimate must be adjusted for inflation as specified in subsection (b) of this

Section.

The owner or operator shall must keep the following at the facility during the

operating life of the facility: the latest post-closure cost estimate prepared in

accordance with subsections (a) and (c) of this Section

and, when this estimate

has been adjusted in accordance with subsection (b) of this Section

, the latest

adjusted post-closure cost estimate.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.245

Financial Assurance for

Post-closure Post-Closure Monitoring and

Maintenance

An owner or operator of a facility with a hazardous waste disposal unit

shall must establish

financial assurance for post-closure care of the disposal

unit(s) units. The owner or operator

shall

must choose from the following options:

Post-closure trust fund.

An owner or operator may satisfy the requirements of this Section by

establishing a post-closure trust fund

which that conforms to the

requirements of this subsection and submitting an original, signed

dulicate

duplicate of the trust agreement to the Agency. The trustee must be an

entity

which that has the authority to act as a trustee and whose trust

operations are regulated and examined by a

Federal federal or State

agency.

The wording of the trust agreement must be as specified in 35 Ill. Adm.

Code 724.251 and the trust agreement must be accompanied by a formal

certification of acknowledgment (as specified in 35 Ill. Adm. Code

724.251). Schedule A of the trust agreement must be updated within 60

days after a change in the amount of the current post-closure cost estimate

covered by the agreement.

Payments into the trust fund must be made annually by the owner or

operator over the 20 years beginning May 19, 1981, or over the remaining

operating life of the facility as estimated in the closure plan, whichever

166

period is shorter; this period is hereafter referred to as the “pay-in period.”

The payments into the post-closure trust fund must be made as follows:

The first payment must

be have been made before May 19, 1981,

except as provided in subsection (a)(5)

, above of this Section. The

first payment must be at least equal to the current post-closure cost

estimate, except as provided in subsection (f)

, above of this

Section, divided by the number of years in the pay-in period.

Subsequent payments must be made no later than 30 days after

each anniversary date of the first payment. The amount of each

subsequent payment must be determined by this formula:

Next payment = (CE - CV) / Y

Next Payment

−

where CE is the current closure cost estimate, CV is the

current value of the trust fund and Y is the number of years

remaining in the pay-in period.

where

CE is the current closure cost estimate,

CV is the current value of the trust fund, and

Y is the number of years remaining in the pay-in period.

The owner or operator may accelerate payments into the trust fund or may

deposit the full amount of the current post-closure cost estimate at the time

the fund is established. However, the owner or operator

shall must

maintain the value of the fund at no less than the value that the fund would

have if annual payments were made as specified in subsection (a)(3)

above of this Section.

If the owner or operator establishes a post-closure trust fund after having

used one or more alternate mechanisms specified in this Section, the

owner or operator’s first payment must be in at least the amount that the

fund would contain if the trust fund were established initially and annual

payments made as specified in subsection (a)(3)

, above of this Section.

After the pay-in period is completed, whenever the current post-closure

cost estimate changes during the operating life of the facility, the owner or

operator

shall must compare the new estimate with the trustee’s most

recent annual valuation of the trust fund. If the value of the fund is less

167

than the amount of the new estimate, the owner or operator, within 60

days after the change in the cost estimate,

shall must either deposit an

amount into the fund so that its value after this deposit at least equals the

amount of the current post-closure cost estimate, or obtain other financial

assurance as specified in this Section to cover the difference.

During the operating life of the facility, if the value of the trust fund is

greater than the total amount of the current post-closure cost estimate, the

owner or operator may submit a written request to the Agency for release

of the amount in excess of the current post-closure cost estimate.

If an owner or operator substitutes other financial assurance as specified in

this Section for all or part of the trust fund, owner or operator may submit

a written request to the Agency for release of the amount in excess of the

current post-closure cost estimate covered by the trust fund.

Within 60 days after receiving a request from the owner or operator for

release of funds as specified in

subsections subsection (a)(7) or (a)(8),

above of this Section, the Agency shall must instruct the trustee to release

to the owner or operator such funds as the Agency specifies in writing.

10)

During the period of post-closure care, the Agency

shall must approve a

release of funds if the owner or operator demonstrates to the Agency that

the value of the trust fund exceeds the remaining cost of post-closure care.

11)

An owner or operator or any other person authorized to perform post-

closure care may request reimbursement for post-closure care

expenditures by submitting itemized bills to the Agency. Within 60 days

after receiving bills for post-closure activities, the Agency

shall must

instruct the trustee to make reimbursement in those amounts as the

Agency specifies in writing if the Agency determines that the post-closure

care expenditures are in accordance with the approved post-closure plan or

otherwise justified. If the Agency does not instruct the trustee to make

such reimbursements, the Agency

shall must provide the owner or

operator with a detailed written statement of reasons.

12)

The Agency

shall must agree to termination of a trust when either of the

following occurs:

An owner or operator substitutes alternate financial assurance,

specified in this Section; or

The Agency releases the owner or operator from the requirements

of this Section in accordance with subsection (h)

, below of this

Section.

168

Surety bond guaranteeing payment into a post-closure trust fund.

An owner or operator may satisfy the requirements of this Section by

obtaining a surety bond

which that conforms to the requirements of this

subsection (b)

and submitting the bond to the Agency. The surety

company issuing the bond must, at a minimum, be among those listed as

acceptable sureties on Federal bonds in Circular 570 of the U.S.

Department of the Treasury.

The wording of the surety bond must be as specified in 35 Ill. Adm. Code

724.251.

The owner or operator

who that uses a surety bond to satisfy the

requirements of this Section

shall must also establish a standby trust fund.

Under the terms of the bond, all payments made thereunder will be

deposited by the surety directly into the standby trust fund in accordance

with instructions from the Agency. This standby trust fund must meet the

requirements specified in subsection (a)

, above of this Section, except that

as follows

An original, signed duplicate of the trust agreement must be

submitted to the Agency with the surety bond; and

Until the standby trust fund is funded pursuant to the requirements

of this Section, the following are not required by these regulations:

Payments into the trust fund,

as specified in subsection (a),

above of this Section;

ii)

Updating of Schedule A of the trust agreement (as specified

in 35 Ill. Adm. Code 724.251) to show current post-closure

cost estimates;

iii)

Annual valuations,

as required by the trust agreement; and

iv)

Notices of nonpayment,

as required by the trust agreement.

The bond must guarantee that the owner or operator will perform the

following acts:

Fund the standby trust fund in an amount equal to the penal sum of

the bond before the beginning of final closure of the facility; or

Fund the standby trust fund in an amount equal to the penal sum

within 15 days after an order to begin closure is issued by the

Board or a

U.S. district court or other court of competent

169

jurisdiction; or

Provide alternate financial assurance,

as specified in this Section,

and obtain the Agency’s written approval of the assurance

provided, within 90 days after receipt by both the owner or

operator and the Agency of a notice of cancellation of the bond

from the surety.

Under the terms of the bond, the surety will become liable on the bond

obligation when the owner or operator fails to perform as guaranteed by

the bond.

The penal sum of the bond must be in an amount at least equal to the

current post-closure cost estimate, except as provided in subsection (f)

above of this Section.

Whenever the current post-closure cost estimate increases to an amount

greater than the penal sum, the owner or operator, within 60 days after the

increase,

shall must either cause the penal sum to be increased to an

amount at least equal to the current post-closure cost estimate and submit

evidence of such increase to the Agency or obtain other financial

assurance as specified in this Section to cover the increase. Whenever the

current post-closure cost estimate decreases, the penal sum may be

reduced to the amount of the current post-closure cost estimate following

written approval by the Agency.

Under the terms of the bond, the surety may cancel the bond by sending

notice of cancellation by certified mail to the owner or operator and to the

Agency. Cancellation may not occur, however, during the 120 days

beginning on the date of receipt of the notice of cancellation by both the

owner or operator and the Agency, as evidenced by the return receipts.

The owner or operator may cancel the bond if the Agency has given prior

written consent based on its receipt of evidence of alternate financial

assurance as specified in this Section.

Post-closure letter of credit.

An owner or operator may satisfy the requirements of this Section by

obtaining an irrevocable standby letter of credit

which that conforms to

the requirements of this subsection (c)

and submitting the letter to the

Agency. The issuing institution

shall must be an entity which that has the

authority to issue letters of credit and whose letter-of-credit operations are

regulated and examined by a

Federal federal or State agency.

The wording of the letter of credit must be as specified in 35 Ill. Adm.

170

Code 724.251.

An owner or operator

who that uses a letter of credit to satisfy the

requirements of this Section

shall must also establish a standby trust fund.

Under the terms of the letter of credit, all amounts paid pursuant to a draft

by the Agency

will must be deposited by the issuing institution directly

into the standby trust fund in accordance with instructions from the

Agency. This standby trust fund must meet the requirements of the trust

fund specified in subsection (a)

, above of this Section, except that as

follows:

An original, signed duplicate of the trust agreement must be

submitted to the Agency with the letter of credit; and

Unless the standby trust fund is funded pursuant to the

requirements of this Section, the following are not required by

these regulations:

Payments into the trust fund,

as specified in subsection (a),

above of this Section;

ii)

Updating of Schedule A of the trust agreement (as specified

in 35 Ill. Adm. Code 724.151) to show current post-closure

cost estimates;

iii)

Annual valuations,

as required by the trust agreement; and

iv)

Notices of nonpayment, as required by the trust agreement.

The letter of credit must be accompanied by a letter from the owner or

operator referring to the letter of credit by number, issuing institution, and

date and providing the following information: the USEPA

Identification

Number identification number, name, and address of the facility, and the

amount of funds assured for post-closure care of the facility by the letter

of credit.

The letter of credit must be irrevocable and issued for a period of at least

one year. The letter of credit must provide that the expiration date will be

automatically extended for a period of at least

1 one year unless, at least

120 days before the current expiration date, the issuing institution notifies

both the owner or operator and the Agency by certified mail of a decision

not to extend the expiration date. Under the terms of the letter of credit,

the 120 days will begin on the date when both the owner or operator and

the Agency have received the notice, as evidenced by the return receipts.

The letter of credit must be issued in an amount at least equal to the

171

current post-closure cost estimate, except as provided in subsection (f)

above of this Section.

Whenever the current post-closure cost estimate increases to an amount

greater than the amount of the credit during the operating life of the

facility, the owner or operator, within 60 days after the increase,

shall

must

either cause the amount of the credit to be increased so that it at least

equals the current post-closure cost estimate and submit evidence of such

increase to the Agency, or obtain other financial assurance,

as specified in

this Section,

to cover the increase. Whenever the current cost estimate

decreases during the operating life of the facility, the amount of the credit

may be reduced to the amount of the current post-closure cost estimate

following written approval by the Agency.

During the period of post-closure care, the Agency

shall must approve a

decrease in the amount of the letter of credit if the owner or operator

demonstrates to the Agency that the amount exceeds the remaining cost of

post-closure care.

Following a final judicial determination or Board order finding that the

owner or operator has failed to perform post-closure care in accordance

with the approved post-closure plan and other interim status requirements,

the Agency may draw on the letter of credit.

10)

If the owner or operator does not establish alternate financial assurance,

specified in this Section,

and obtain written approval of such alternate

assurance from the Agency within 90 days after receipt by both the owner

or operator and the Agency of a notice from the issuing institution that it

has decided not to extend the letter of credit beyond the current expiration

date, the Agency

shall must draw on the letter of credit. The Agency may

delay the drawing if the issuing institution grants an extension of the term

of the credit. During the last 30 days of any such extension the Agency

shall

must draw on the letter of credit if the owner or operator has failed to

provide alternate financial assurance,

as specified in this Section, and

obtain written approval of such assurance from the Agency.

11)

The Agency

shall must return the letter of credit to the issuing institution

for termination when either of the following occurs

An owner or operator substitutes alternate financial assurance,

specified in this Section; or

The Agency releases the owner

of or operator from the

requirements of this Section in accordance with subsection (h)

below of this Section.

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Post-closure insurance.

An owner or operator may satisfy the requirements of this Section by

obtaining post-closure insurance

which that conforms to the requirements

of this subsection and submitting a certificate of such insurance to the

Agency. At a minimum, the insurer

shall must be licensed to transact the

business of insurance, or eligible to provide insurance as an excess or

surplus lines insurer, in one or more states.

The wording of the certificate of insurance must be as specified in 35 Ill.

Adm. Code 724.251.

The post-closure insurance policy must be issued for a face amount at

least equal to the current post-closure estimate, except as provided in

subsection (f)

, below of this Section. The term “face amount” means the

total amount the insurer is obligated to pay under the policy. Actual

payments by the insurer’s will not change the face amount, although the

insurer’s future liability will be lowered by the amount of the payments.

The post-closure insurance policy must guarantee that funds will be

available to provide post-closure care of facility whenever the post-closure

period begins. The policy must also guarantee that, once post-closure care

begins, the insurer will be responsible for paying out funds, up to an

amount equal to the face amount of the policy, upon the direction of the

Agency, to such party or parties as the Agency specifies.

An owner or operator or any other person authorized to perform post-

closure care may request reimbursement for post-closure care

expenditures by submitting itemized bills to the Agency. Within 60 days

after receiving bills for post-closure activities, the Agency

shall must

instruct the insurer to make reimbursement in such amounts as the Agency

specifies in writing, if the Agency determines that the post-closure care

expenditures are in accordance with the approved post-closure plan or

otherwise justified. If the Agency does not instruct the insurer to make

such reimbursements, the Agency

shall must provide the owner or

operator with a detailed written statement of reasons.

The owner or operator

shall must maintain the policy in full force and

effect until the Agency consents to termination of the policy by the owner

or operator,

as specified in subsection (d)(11), below of this Section.

Failure to pay the premium, without substitution of alternate financial

assurance,

as specified in this Section, will constitute a significant

violation of these regulations, warranting such remedy as the Board may

impose pursuant to the Environmental Protection Act. Such violation will

be deemed to begin upon receipt by the Agency of a notice of future

cancellation, termination,

or failure to renew due to nonpayment of the

173

premium, rather than upon the date of expiration.

Each policy must contain a provision allowing assignment of the policy to

a successor owner or operator. Such assignment may be conditional upon

consent of the insurer, provided such consent is not unreasonably refused.

The policy must provide that the insurer may not cancel, terminate,

or fail

to renew the policy except for failure to pay the premium. The automatic

renewal of the policy must, at a minimum, provide the insured with the

option of renewal at the face amount of the expiring policy. If there is a

failure to pay the premium, the insurer may elect to cancel, terminate,

fail to renew the policy by sending notice by certified mail to the owner or

operator and the Agency. Cancellation, termination,

or failure to renew

may not occur, however, during the 120 days beginning with the date of

receipt of the notice by both the Agency and the owner or operator, as

evidenced by the return receipts. Cancellation, termination,

or failure to

renew may not occur, and the policy will remain in full force and effect in

the event that on or before the date of expiration one of the following

occurs:

The Agency deems the facility abandoned;

Interim status is terminated or revoked;

Closure is ordered by the Board or a

U.S. district court or other

court of competent jurisdiction; or

The owner or operator is named as debtor in a voluntary or

involuntary proceeding under 11 U.S.C. (Bankruptcy); or

The premium due is paid.

Whenever the current post-closure cost estimate increases to an amount

greater than the face amount of the policy during the operating life of the

facility, the owner or operator, within 60 days after the increase,

shall

must

either cause the face amount to be increased to an amount at least

equal to the current post-closure cost estimate and submit evidence of

such increase to the Agency, or obtain other financial assurance,

specified in this Section,

to cover the increase. Whenever the current

post-closure cost estimate decreases during the operating life of the

facility, the face amount may be reduced to the amount of the current post-

closure cost estimate following written approval by the Agency.

10)

Commencing on the date that liability to make payments pursuant to the

policy accrues, the insurer

shall must thereafter annually increase the face

amount of the policy. Such increase must be equivalent to the face

174

amount of the policy, less any payments made, multiplied by an amount

equivalent to 85 percent of the most recent investment rate or of the

equivalent coupon-issue yield announced by the U.S. Treasury for 26-

week Treasury securities.

11)

The Agency

shall must give written consent to the owner or operator that

the owner or operator may terminate the insurance policy when either of

the following occurs:

An owner or operator substitutes alternate financial assurance,

specified in this Section; or

The Agency releases the owner or operator from the requirements

of this Section in accordance with subsection (h)

, below of this

Section.

Financial test and corporate guarantee for post-closure care.

An owner or operator may satisfy the requirements of this Section by

demonstrating that the owner or operator passes a financial test,

specified in this subsection (e)

. To pass this test the owner or operator

shall

must meet the criteria of either subsection (e)(1)(A) or (e)(1)(B),

below of this Section:

The owner or operator

shall must have each of the following:

Two of the following three ratios: a ratio of total liabilities

to net worth less than 2.0; a ratio of the sum of net income

plus depreciation, depletion and amortization to total

liabilities greater than 0.1; and a ratio of current assets to

current liabilities greater than 1.5;

and

ii)

Net working capital and tangible net worth each at least six

times the sum of the current closure and post-closure cost

estimates and the current plugging and abandonment cost

estimates;

and

iii)

Tangible new worth of at least $10 million; and

iv)

Assets in the United States amounting to at least 90 percent

of total assets or at least six times the sum of the current

closure and post-closure cost estimates and the plugging

and abandonment cost estimates.

The owner or operator

shall must have each of the following:

175

A current rating for its most recent bond issuance of AAA,

AA, A,

or BBB, as issued by Standard and Poor’s, or Aaa,

Aa, A,

or Baa, as issued by Moody’s; and

ii)

Tangible net worth at least six times the sum of the current

closure and post-closure cost estimates and the current

plugging and abandonment cost estimates;

and

iii)

Tangible net worth of at least $10 million; and

iv)

Assets located in the United States amounting to at least 90

percent of its total assets or at least six times the sum of the

current closure and post-closure cost estimates and the

current plugging and abandonment cost estimates.

The phrase “current closure and post-closure cost estimates,”

as used in

subsection (e)(1)

, above of this Section, refers to the cost estimates

required to be shown in subsections 1 through 4 of the letter from the

owner’s or operator’s chief financial officer (40 CFR 264.151(f))

(incorporated by reference in 35 Ill. Adm. Code 724.251). The phrases

“current plugging and abandonment cost estimates” as used in subsection

(e)(1)

, above of this Section, refers to the cost estimates required to be

shown in subsections 1 through 4 of the letter from the owner’s or

operator’s chief financial officer (40 CFR 144.70(f))

, incorporated by

reference in 35 Ill. Adm. Code 704.240)

To demonstrate that it meets this test, the owner or operator shall must

submit each of

the following items to the Agency:

A letter signed by the owner’s or operator’s chief financial officer

and worded,

as specified in 35 Ill. Adm. Code 724.251; and

A copy of the independent certified public accountant’s report on

examination of the owner’s or operator’s financial statements for

the latest completed fiscal year; and

A special report from the owner’s or operator’s independent

certified public accountant to the owner or operator stating

that

both of the following

The That the accountant has compared the data which that

the letter from the chief financial officer specifies as having

been derived from the independently audited, year-end

financial statements for the latest fiscal year with the

amounts in such financial statements; and

176

ii)

In connection with that procedure, that

no matters came to

the accountant’s attention

which that caused the accountant

to believe that the specified data should be adjusted.

This subsection (e)(4) corresponds with 40 CFR 265.143(e)(4), a federal

provision relating to an extension of the time to file the proofs of financial

assurance required by this subsection (e) granted by USEPA. This

statement maintains structural consistency with the corresponding federal

regulations.

After the initial submission of items specified in subsection (e)(3)

, above,

of this Section

, the owner or operator shall must send updated information

to the Agency within 90 days after the close of each succeeding fiscal

year. This information must consist of all three items specified in

subsection (e)(3)

, above of this Section.

If the owner or operator no longer meets the requirements of subsection

(e)(1)

, above of this Section, the owner or operator shall must send notice

to the Agency of intent to establish alternate financial assurance,

specified in this Section. The notice must be sent by certified mail within

90 days after the end of the fiscal year for which the year-end financial

data show that the owner or operator no longer meets the requirements.

The owner or operator

shall must provide the alternate financial assurance

within 120 days after the end of such fiscal year.

The Agency may, based on a reasonable belief that the owner or operator

may no longer meet the requirements of subsection (e)(1)

, above of this

Section, require reports of financial condition at any time from the owner

or operator in addition to those specified in subsection (e)(3)

, above of this

Section. If the Agency finds, on the basis of such reports or other

information, that the owner or operator no longer meets the requirements

of subsection (e)(1)

, above of this Section, the owner or operator shall

must

provide alternate financial assurance, as specified in this Section,

within 30 days after notification of such a finding.

The Agency may disallow use of this test on the basis of qualifications in

the opinion expressed by the independent certified public accountant in

the accountant’s report on examination of the owner’s or operator’s

financial statements (see subsection (e)(3)(B)

, above of this Section). An

adverse opinion or a disclaimer of opinion will be cause for disallowance.

The Agency

shall must evaluate other qualifications on an individual

basis. The owner or operator

shall must provide alternate financial

assurance,

as specified in this Section, within 30 days after notification of

the disallowance.

During the period of post-closure care, the Agency

shall must approve a

177

decrease in the current post-closure cost estimate for which this test

demonstrates financial assurance if the owner or operator demonstrates to

the Agency that the amount of the cost estimate exceeds the remaining

cost of post-closure care.

10)

The owner or operator is no longer required to submit the items specified

in subsection (e)(3)

, above of this Section when either of the following

occurs:

An owner or operator substitutes alternate financial assurance,

specified in this Section; or

The Agency releases the owner or operator from the requirements

of this Section in accordance with subsection (h)

, below of this

Section.

11)

An owner or operator may meet the requirements of this Section by

obtaining a written guarantee, hereafter referred to as “corporate

guarantee.” The guarantor

shall must be the direct or higher-tier parent

corporation of the owner or operator, a firm whose parent corporation is

also the parent corporation of the owner or

opeartor operator, or a firm

with a “substantial business relationship” with the owner or operator. The

guarantor

shall must meet the requirements for owners or operators in

subsections (e)(1) through (e)(9)

, above of this Section, and shall must

comply with the terms of the corporate guarantee. The wording of the

corporate guarantee must be identical to the wording specified in 35 Ill.

Adm. Code 724.251. The corporate guarantee must accompany the items

sent to the Agency as specified in subsection (e)(3)

, above of this Section.

One of these items must be the letter from the guarantor’s chief financial

officer. If the guarantor’s parent corporation is also the parent corporation

of the owner or operator, the letter must describe the value received in

consideration of the guarantee. If the guarantor is a firm with a

“substantial business relationship” with the owner or operator, this letter

must describe this substantial business relationship” and the value

received in consideration of the guarantee. The terms of the corporate

guarantee must provide

that as follows:

If That, if the owner or operator fails to perform post-closure care

of a facility covered by the corporate guarantee in accordance with

the post-closure plan and other interim status requirements

whenever required to do so, the guarantor will do so or establish a

trust fund as specified in subsection (a)

, above of this Section, in

the name of the owner or operator.

The That the corporate guarantee will remain in force unless the

guarantor sends notice of cancellation by certified mail to the

178

owner or operator and to the Agency. Cancellation may not occur,

however, during the 120 days beginning on the date of receipt of

the notice of cancellation by both the owner or operator and the

Agency, as evidenced by the return receipts.

If That, if the owner or operator fails to provide alternate financial

assurance,

as specified in this Section, and obtain the written

approval of such alternate assurance from the Agency within 90

days after receipt by both the owner or operator and the Agency of

a notice of cancellation of the corporate guarantee from the

guarantor, the guarantor will provide such alternate financial

assurance in the name of the owner or operator.

Use of multiple financial mechanisms. An owner or operator may satisfy the

requirements of this Section by establishing more than one financial mechanism

per facility. These mechanisms are limited to trust funds, surety bonds, letters of

credit,

and insurance. The mechanisms must be as specified in subsections (a)

through (d)

, above of this Section, respectively, except that it is the combination

of mechanisms, rather than the single mechanism,

which that must provide

financial assurance for an amount at least equal to the current post-closure cost

estimate. If an owner or operator uses a trust fund in combination with a surety

bond or a letter of credit, it may use the trust fund as the standby trust fund for the

other mechanisms. A single standby trust fund may be established for two or

more mechanisms. The Agency may use any or all of the mechanisms to provide

for post-closure care of the facility.

Use of a financial mechanism for multiple facilities. An owner or operator may

use a financial assurance mechanism specified in this Section to meet the

requirements of this Section for more than one facility. Evidence of financial

assurance submitted to the Agency must include a list showing, for each facility,

the USEPA

Identification Number, name, address, and the amount of funds for

post-closure care assured by the mechanism. The amount of funds available

through the mechanism must be no less than the sum of funds that would be

available if a separate mechanism had been established and maintained for each

facility. The amount of funds available to the Agency must be sufficient to

provide post-closure care for all of the owner or operator’s facilities. In directing

funds available through the mechanism for post-closure care of any of the

facilities covered by the mechanism, the Agency may direct only the amount of

funds designated for that facility, unless the owner or operator agrees to the use of

additional funds available under the mechanism.

Release of the owner or operator from the requirements of this Section. Within

60 days after receiving certifications from the owner or operator and an

independent registered professional engineer that the post-closure care period has

been completed in accordance with the approved post-closure plan, the Agency

shall

must notify the owner or operator in writing that the owner or operator is no

179

longer required by this Section to maintain financial assurance for post-closure

care of that unit, unless the Agency determines that post-closure care has not been

in accordance with the approved post-closure plan. The Agency

shall must

provide the owner or operator a detailed written statement of any such

determination that post-closure care has not been in accordance with the approved

post-closure plan.

ji)

Appeal. The following Agency actions are deemed to be permit modifications or

refusals to modify for purposes of appeal to the Board (35 Ill. Adm. Code

702.184(e)(3)):

An increase in, or a refusal to decrease the amount of, a bond, letter of

credit,

or insurance; or

Requiring alternate assurance upon a finding that an owner or operator

, or

parent corporation

, no longer meets a financial test.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.246

Use of a Mechanism for Financial Assurance of Both Closure and

Post-

closure Post-Closure Care

An owner or operator may satisfy the requirements for financial assurance for both closure and

post-closure care for one or more facilities by using a trust fund, surety bond, letter of credit,

insurance, financial test,

or corporate guarantee that meets the specifications for the mechanism

in both Sections 725.243 and 725.245. The amount of funds available through the mechanism

must be no less than the sum of funds that would be available if a separate mechanism had been

established and maintained for financial assurance of closure and of post-closure care.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.247

Liability Requirements

Coverage for sudden accidental occurrences. An owner or operator of a

hazardous waste treatment, storage,

or disposal facility, or a group of such

facilities,

shall must demonstrate financial responsibility for bodily injury and

property damage to third parties caused by sudden accidental occurrences arising

from operations of the facility or group of facilities. The owner or operator

shall

must

have and maintain liability coverage for sudden accidental occurrences in

the amount of at least $1 million per occurrence with an annual aggregate of at

least $2 million, exclusive of legal defense costs. This liability coverage may be

demonstrated,

as specified in subsections (a)(1), (2), (3), (4), (5) and through

(a)(6)

below of this Section:

An owner or operator may demonstrate the required liability coverage by

having liability insurance,

as specified in this subsection (a)(1).

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Each insurance policy must be amended by attachment of the

Hazardous Waste Facility Liability Endorsement or evidenced by a

Certificate of Liability Insurance. The wording of the endorsement

must be as specified in 35 Ill. Adm. Code 724.251. The wording

of the certificate of insurance must be as specified in 35 Ill. Adm.

Code 724.251. The owner or operator

shall must submit a signed

duplicate original of the endorsement or the certificate of insurance

to the Agency. If requested by the Agency, the owner or operator

shall

must provide a signed duplicate original of the insurance

policy.

Each insurance policy must be issued by an insurer

which that is

licensed by the Illinois Department of Insurance.

An owner or operator may meet the requirements of this Section by

passing a financial test or using the guarantee for liability coverage,

specified in subsections (f) and (g)

below of this Section.

An owner or operator may meet the requirements of this Section by

obtaining a letter of credit for liability coverage,

as specified in subsection

(h)

below of this Section.

An owner or operator may meet the requirements of this Section by

obtaining a surety bond for liability coverage,

as specified in subsection (i)

below

of this Section.

An owner or operator may meet the requirements of this Section by

obtaining a trust fund for liability coverage,

as specified in subsection (j)

below

of this Section.

An owner or operator may demonstrate the required liability coverage

through the use of combinations of insurance, financial test, guarantee,

letter of credit, surety bond,

and trust fund, except that the owner or

operator may not combine a financial test covering part of the liability

coverage requirement with a guarantee unless the financial statement of

the owner or operator is not consolidated with the financial statement of

the guarantor. The amounts of coverage demonstrated must total at least

the minimum amounts required by this Section. If the owner or operator

demonstrates the required coverage through the use of a combination of

financial assurances under this subsection, the owner or operator

shall

must

specify at least one such assurance as “primary” coverage, and shall

must

specify other such assurance as “excess” coverage.

An owner or operator

shall must notify the Agency within 30 days

whenever one of the following occurs

181

A claim results in a reduction in the amount of financial assurance

for liability coverage provided by a financial instrument authorized

in subsections (a)(1) through (a)(6)

above. of this Section;

A Certification of Valid Claim for bodily injury or property

damages caused by sudden or non-sudden accidental occurrence

arising from the operation of a hazardous waste treatment, storage,

or disposal facility is entered between the owner or operator and

third-party claimant for liability coverage under subsections (a)(1)

through (a)(6)

above of this Section; or

A final court order establishing a judgement for bodily injury or

property damage caused by a sudden or non-sudden accidental

occurrence arising from the operation of a hazardous waste

treatment, storage, or disposal facility is issued against the owner

or operator or an instrument that is providing financial assurance

for liability coverage under subsections (a)(1) through (a)(6)

above

of this Section

Coverage for nonsudden accidental occurrences. An owner or operator of a

surface impoundment, landfill,

or land treatment facility which that is used to

manage hazardous waste, or a group of such facilities,

shall must demonstrate

financial responsibility for bodily injury and property damage to third parties

caused by nonsudden accidental occurrences arising from operations of the

facility or group of facilities. The owner or operator

shall must have and maintain

liability coverage for nonsudden accidental occurrences in the amount of at least

$3 million per occurrence with an annual aggregate of at least $6 million,

exclusive of legal defense costs. An owner or operator meeting the requirements

of this Section may combine the required per-occurrence coverage levels for

sudden and nonsudden accidental occurrences into a single per-occurrence level,

and combine the required annual aggregate coverage levels for sudden and

nonsudden accidental occurrences into a single annual aggregate level.

Owners

or operators who An owner or operator that combine coverage levels for sudden

and nonsudden accidental occurrences

shall must maintain liability coverage in

the amount of at least $4 million per occurrence and $8 million annual aggregate.

This liability coverage may be demonstrated,

as specified in subsections (b)(1),

(2), (3), (4), (5) and (6) below through (b)(6) of this Section:

An owner or operator may demonstrate the required liability coverage by

having liability insurance,

as specified in this subsection (b)(1).

Each insurance policy must be amended by attachment of the

Hazardous Waste Facility Liability Endorsement or evidenced by a

Certificate of Liability Insurance. The wording of the endorsement

must be as specified in 35 Ill. Adm. Code 724.251. The wording

182

of the certificate of insurance must be as specified in 35 Ill. Adm.

Code 724.251. The owner or operator

shall must submit a signed

duplicate original of the endorsement or the certificate of insurance

to the Agency. If requested by the Agency, the owner or operator

shall

must provide a signed duplicate original of the insurance

policy.

Each insurance policy must be issued by an insurer

which that is

licensed by the Illinois Department of Insurance.

An owner or operator may meet the requirements of this Section by

passing a financial test or using the guarantee for liability coverage,

specified in subsections (f) and (g)

below of this Section.

An owner or operator may meet the requirements of this Section by

obtaining a letter of credit for liability coverage,

as specified in subsection

(h)

below of this Section.

An owner or operator may meet the requirements of this Section by

obtaining a surety bond for liability coverage,

as specified in subsection (i)

below

of this Section.

An owner or operator may meet the requirements of this Section by

obtaining a trust fund for liability coverage,

as specified in subsection (j)

below

of this Section.

An owner or operator may demonstrate the required liability coverage

through the use of combinations of insurance, financial test, guarantee,

letter of credit, surety bond,

and trust fund, except that the owner or

operator may not combine a financial test covering part of the liability

coverage requirement with a guarantee unless the financial statement of

the owner or operator is not consolidated with the financial statement of

the guarantor. The amounts of coverage demonstrated must total at least

the minimum amounts required by this Section. If the owner or operator

demonstrates the required coverage through the use of a combination of

financial assurances under this subsection, the owner or operator

shall

must

specify at least one such assurance as “primary” coverage, and shall

must

specify other such assurance as “excess” coverage.

An owner or operator

shall must notify the Agency within 30 days

whenever one of the following occurs

A claim results in a reduction in the amount of financial assurance

for liability coverage provided by a financial instrument authorized

in subsections (b)(1) through (b)(6)

above. of this Section;

183

A Certification of Valid Claim for bodily injury or property

damages caused by sudden or non-sudden accidental occurrence

arising from the operation of a hazardous waste treatment, storage,

or disposal facility is entered between the owner or operator and

third-party claimant for liability coverage under subsections (b)(1)

through (b)(6)

above of this Section; or

A final court order establishing a

judgement judgment for bodily

injury or property damage caused by a sudden or non-sudden

accidental occurrence arising from the operation of a hazardous

waste treatment, storage, or disposal facility is issued against the

owner or operator or an instrument that is providing financial

assurance for liability coverage under subsections (b)(1) through

(b)(6)

above of this Section.

Request for adjusted level of required liability coverage. If an owner or operator

demonstrates to the Agency that the levels of financial responsibility required by

subsections (a) or (b)

above of this Section are not consistent with the degree and

duration of risk associated with treatment, storage,

or disposal at the facility or

group of facilities, the owner or operator may obtain an adjusted level of required

liability coverage from the Agency. The request for an adjusted level of required

liability coverage must be submitted in writing to the Agency. If granted, the

Agency’s action

shall must take the form of an adjusted level of required liability

coverage, such level to be based on the Agency assessment of the degree and

duration of risk associated with the ownership or operation of the facility or group

of facilities. The Agency may require an owner or operator

who that requests an

adjusted level of required liability coverage to provide such technical and

engineering information as is necessary to determine a level of financial

responsibility other than that required by subsection (a) or (b)

above of this

Section. The Agency shall must process any request for an adjusted level of

required liability coverage as if it were a permit modification request under 35 Ill.

Adm. Code 703.271(e)(3) and 705.128. Notwithstanding any other provision, the

Agency

shall must hold a public hearing whenever it finds, on the basis of

requests, a significant degree of public interest in a tentative decision to grant an

adjusted level of required liability insurance. The Agency may also hold a public

hearing at its discretion whenever such a hearing might clarify one or more issues

involved in the tentative decision.

Adjustments by the Agency. If the Agency determines that the levels of financial

responsibility required by subsection (a) or (b)

above of this Section are not

consistent with the degree and duration of risk associated with treatment, storage,

or disposal at the facility or group of facilities, the Agency

shall must adjust the

level of financial responsibility required under subsection (a) or (b)

above of this

Section as may be necessary to protect human health and the environment. This

adjusted level must be based on the Agency’s assessment of the degree and

duration of risk associated with the ownership or operation of the facility or group

184

of facilities. In addition, if the Agency determines that there is a significant risk

to human health and the environment from nonsudden accidental occurrences

resulting from the operations of a facility that is not a surface impoundment,

landfill or land treatment facility, the Agency may require that an owner or

operator of the facility comply with subsection (b)

above of this Section. An

owner or operator

shall must furnish to the Agency, within a time specified by the

Agency in the request, which

shall must not be less than 30 days, any information

which

that the Agency requests to determine whether cause exists for such

adjustments of level or type of coverage. The Agency

shall must process any

request for an adjusted level of required liability coverage as if it were a permit

modification request under 35 Ill. Adm. Code 703.271(e)(3) and 705.128.

Notwithstanding any other provision, the Agency

shall must hold a public hearing

whenever it finds, on the basis of requests, a significant degree of public interest

in a tentative decision to grant an adjusted level of required liability insurance.

The Agency may also hold a public hearing at its discretion whenever such a

hearing might clarify one or more issues involved in the tentative decision.

Period of coverage. Within 60 days after receiving certifications from the owner

or operator and an independent registered professional engineer that final closure

has been completed in accordance with the approved closure plan, the Agency

shall

must notify the owner or operator in writing that the owner or operator is no

longer required by this Section to maintain liability coverage for that facility,

unless the Agency determines that closure has not been in accordance with the

approved closure plan.

Financial test for liability coverage.

An owner or operator may satisfy the requirements of this Section by

demonstrating that the owner or operator passes a financial test,

specified in this subsection (f)(1)

. To pass this test the owner or operator

shall

must meet the criteria of subsection (f)(1)(A) or (f)(1)(B) below of

this Section:

The owner or operator

shall must have each of the following:

Net working capital and tangible net worth each at least six

times the amount of liability coverage to be demonstrated

by this test;

and

ii)

Tangible net worth of at least $10 million; and

iii)

Assets in the United States amounting to either: at least 90

percent of total assets; or at least six times the amount of

liability coverage to be demonstrated by this test.

The owner or operator

shall must have each of the following:

185

A current rating for the owner or operator’s most recent

bond issuance of AAA, AA, A,

or BBB, as issued by

Standard and Poor’s, or Aaa, Aa, A,

Tangible net worth of at least $10 million;

and

iii)

Tangible net worth at least six times the amount of liability

coverage to be demonstrated by this test; and

iv)

Assets in the United States amounting to either of the

following: at least 90 percent of total assets; or at least six

times the amount of liability coverage to be demonstrated

by this test.

The phrase “amount of liability coverage,”

as used in subsection (f)(1)

above

of this Section, refers to the annual aggregate amounts for which

coverage is required under subsections (a) and (b)

above of this Section.

To demonstrate that the owner or operator meets this test, the owner or

operator

shall must submit each of the following three items to the

Agency:

A letter signed by the owner’s or operator’s chief financial officer

and worded as specified in 35 Ill. Adm. Code 724.251. If an

owner or operator is using the financial test to demonstrate both

assurance for closure or post-closure care, as specified by 35 Ill.

Adm. Code 724.243(f) and 724.245(f), or by Sections 725.243(e)

and 725.245(e), and liability coverage, it

shall must submit the

letter specified in 35 Ill. Adm. Code 724.251 to cover both forms

of financial responsibility; a separate letter,

as specified in 35 Ill.

Adm. Code 724.251 is not required.

A copy of the independent certified public accountant’s report on

examination of the owner’s or operator’s financial statements for

the latest completed fiscal year.

A special report from the owner’s or operator’s independent

certified public accountant to the owner or operator stating

that as

follows:

The That the accountant has compared the data which that

the letter from the chief financial officer specifies as having

been derived from the independently audited, year-end

financial statements for the latest fiscal year with the

186

amounts in such financial statements; and

ii)

In connection with that procedure, that

no matters came to

the accountant’s attention

which that caused the accountant

to believe that the specified data should be adjusted.

After the initial submission of items specified in subsection (f)(3)

above of

this Section, the owner or operator shall must send updated information to

the Agency within 90 days after the close of each succeeding fiscal year.

This information must consist of all three items specified in subsection

(f)(3)

above of this Section.

If the owner or operator no longer meets the requirements of subsection

(f)(1)

above of this Section, the owner or operator shall must obtain

insurance, a letter of credit, a surety bond, a trust fund, or a guarantee for

the entire amount of required liability coverage,

as specified in this

Section. Evidence of insurance must be submitted to the Agency within

90 days after the end of the fiscal year for which the year-end financial

data show that the owner or operator no longer meets the test

requirements.

The Agency may disallow use of this test on the basis of qualifications in

the opinion expressed by the independent certified public accountant in

the accountant’s report on examination of the owner’s or operator’s

financial statements (see subsection (f)(3)(B)

above of this Section). An

adverse opinion or a disclaimer of opinion is cause for disallowance. The

Agency

shall must evaluate other qualifications on an individual basis.

The owner or operator

shall must provide evidence of insurance for the

entire amount of required liability coverage,

as specified in this Section,

within 30 days after notification of disallowance.

Guarantee for liability coverage.

Subject to subsection (g)(2)

below of this Section, an owner or operator

may meet the requirements of this Section by obtaining a written

guarantee, referred to as a “guarantee.” The guarantor

shall must be the

direct or higher-tier parent corporation of the owner or operator, a firm

whose parent corporation is also the parent corporation of the owner or

operator, or a firm with a “substantial business relationship” with the

owner or operator. The guarantor

shall must meet the requirements for

owners and operators in

subsection subsections (f)(1) through (f)(6) above

of this Section

. The wording of the guarantee must be as specified in 35

Ill. Adm. Code 724.251. A certified copy of the guarantee must

accompany the items sent to the Agency as specified in subsection (f)(3)

above

of this Section. One of these items must be the letter from the

guarantor’s chief financial officer. If the guarantor’s parent corporation is

187

also the parent corporation of the owner or operator, this letter must

describe the value received in consideration of the guarantee. If the

guarantor is a firm with a “substantial business relationship” with the

owner or operator, this letter must describe this “substantial business

relationship” and the value received in consideration of the guarantee.

The terms of the guarantee must provide

that as follows:

If the owner or operator fails to satisfy a judgment based on a

determination of liability for bodily injury or property damage to

third parties caused by sudden or nonsudden accidental

occurrences (or both as the case may be), arising from the

operation of facilities covered by this guarantee, or fails to pay an

amount agreed to in settlement of claims arising from or alleged to

arise from such injury or damage, the guarantor will do so up to

the limits of coverage.

The guarantee remains in force unless the guarantor sends notice

of cancellation by certified mail to the owner or operator and to the

Agency. The guarantee must not be terminated unless and until

the Agency approves alternate liability coverage complying with

Section 725.247 or 35 Ill. Adm. Code 724.247.

The guarantor

shall must execute the guarantee in Illinois. The guarantee

shall

must be accompanied by a letter signed by the guarantor which that

states

that as follows:

The guarantee was signed in Illinois by an authorized agent of the

guarantor;

The guarantee is governed by Illinois law; and

The name and address of the guarantor’s registered agent for

service of process.

The guarantor

shall must have a registered agent pursuant to Section 5.05

of the Business Corporation Act of 1983

(Ill. Rev. Stat. 1991, ch. 32, par.

5.05 [805 ILCS 5/5.05]) or Section 105.05 of the General Not-for-Profit

Corporation Act of 1986

(Ill. Rev. Stat. 1991, ch. 32, par. 105.05 [805

ILCS 105/105.05])

Letter of credit for liability coverage.

An owner or operator may satisfy the requirements of this Section by

obtaining an irrevocable standby letter of credit

which that conforms to

the requirements of this subsection, and submitting a copy of the letter of

credit to the Agency.

188

The financial institution issuing the letter of credit

shall must be an entity

which

that has the authority to issue letters of credit and whose letter of

credit operations are regulated and examined by the Illinois Commissioner

of Banks and Trust Companies.

The wording of the letter of credit must be as specified in 35 Ill. Adm.

Code 724.251.

An owner or operator

who that uses a letter of credit to satisfy the

requirements of this Section may also establish a trust fund. Under the

terms of such a letter of credit, all amounts paid pursuant to a draft by the

trustee of the standby trust will be deposited by the issuing institution into

the standby trust in accordance with instructions from the trustee. The

trustee of the standby trust fund must be an entity

which that has the

authority to act as a trustee and whose trust operations are regulated and

examined by the Illinois Commissioner of Banks and Trust Companies, or

who that complies with the Corporate Fiduciary Act (Ill. Rev. Stat. 1991,

ch. 32, par. 1551-1 et seq. [205 ILCS 620/1-1 et seq.])

The wording of the standby trust fund must be identical to the wording

specified in 35 Ill. Adm. Code 724.251(n).

Surety bond for liability coverage.

An owner or operator may satisfy the requirements of this Section by

obtaining a surety bond

which that conforms to the requirements of this

subsection (i)

and submitting a copy of the bond to the Agency.

The surety company issuing the bond

shall must be licensed by the Illinois

Department of Insurance.

The wording of the surety bond must be as specified in 35 Ill. Adm. Code

724.251.

Trust fund for liability coverage.

An owner or operator may satisfy the requirements of this Section by

establishing a trust fund

which that conforms to the requirements of this

subsection and submitting a signed, duplicate original of the trust

agreement to the Agency.

The trustee

shall must be an entity which that has the authority to act as a

trustee and whose trust operations are regulated and examined by the

Illinois Commissioner of Banks and Trust Companies, or

who that

complies with the Corporate Fiduciary Act. (Ill. Rev. Stat. 1991, ch. 32,

189

par. 1551-1

et seq. [205 ILCS 620/1-1 et seq.])

The trust fund for liability coverage must be funded for the full amount of

the liability coverage to be provided by the trust fund before it may be

relied upon to satisfy the requirements of this Section. If at any time after

the trust fund is created the amount of funds in the trust fund is reduced

below the full amount of liability coverage to be provided, the owner or

operator, by the anniversary of the date of establishment of the fund,

shall

must

either add sufficient funds to the trust fund to cause its value to equal

the full amount of liability coverage to be provided, or obtain other

financial assurance,

as specified in this Section, to cover the difference.

For purposes of this subsection, “the full amount of the liability coverage

to be provided” means the amount of coverage for sudden and nonsudden

accidental occurrences required to be provided by the owner or operator

by this Section, less the amount of financial assurance for liability

coverage

which that is being provided by other financial assurance

mechanisms being used to demonstrate financial assurance by the owner

or operator.

The wording of the trust fund must be as specified in 35 Ill. Adm. Code

724.251.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.248

Incapacity of Owners or Operators, Guarantors,

or Financial Institutions

An owner or operator shall must notify the Agency by certified mail of the

commencement of a voluntary or involuntary proceeding under 11 U.S.C.

(Bankruptcy) naming the owner or operator as debtor, within 10 days after

commencement of the proceeding. A guarantor of a corporate guarantee as

specified in Sections 725.243(e) and 725.245(e)

shall must make such a

notification if the guarantor is named as a debtor, as required under the terms of

the corporate guarantee (35 Ill. Adm. Code 724.251).

An owner or operator

who that fulfills the requirements of Sections 725.243,

725.245 or 725.247 by obtaining a trust fund, surety bond, letter of credit,

insurance policy will be deemed to be without the required financial assurance or

liability coverage in the event of bankruptcy of the trustee or issuing institution,

or a suspension or revocation of the authority of the trustee institution to act as

trustee or of the institution issuing the surety bond, letter of credit, or insurance

policy to issue such instruments. The owner or operator

shall must establish other

financial assurance or liability coverage within 60 days after such an event.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

190

SUBPART I: USE AND MANAGEMENT OF CONTAINERS

Section 725.270

Applicability

The regulations in this Subpart I

apply to owners and operators of all hazardous waste facilities

that store containers of hazardous waste, except as

§ Section 725.101 provides otherwise.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.271

Condition of Containers

If a container holding hazardous waste is not in good condition or if it begins to leak, the owner

or operator

shall must transfer the hazardous waste from this container to a container that is in

good condition or manage the waste in some other way that it complies with the requirements of

this Part.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.272

Compatibility of Waste with

Container Containers

The owner or operator

shall must use a container made of or lined with materials that will not

react with and are otherwise compatible with the hazardous waste to be stored, so that the ability

of the container to contain the waste is not impaired.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.273

Management of Containers

A container holding hazardous waste must always be closed during storage,

except when it is necessary to add or remove waste.

A container holding hazardous waste must not be opened, handled or stored in a

manner

which that may rupture the container or cause it to leak.

Comment: BOARD NOTE: Re-use of containers in transportation is governed by U.S.

Department of Transportation regulations, including those set forth in 49 CFR 173.28,

incorporated by reference in 35 Ill. Adm. Code 720.111(b).

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.274

Inspections

The owner or operator

shall must inspect areas where containers are stored at least weekly,

looking for leaks and for deterioration caused by corrosion or other factors.

BOARD NOTE: See Section 725.271 for remedial action required if deterioration or leaks are

191

detected.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.276

Special Requirements for Ignitable or Reactive

Waste Wastes

Containers holding ignitable or reactive waste must be located at least 15 meters (50 feet) from

the facility’s property line.

Comment: See

§ Section 725.117(a) for additional requirements.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.277

Special Requirements for Incompatible Wastes

Incompatible wastes or incompatible wastes and materials (see Appendix V of 40

CFR 265, incorporated by reference in 35 Ill. Adm. Code 720.111(b), for

examples) must not be placed in the same container, unless

§ Section 725.117(b)

is complied with.

Hazardous waste must not be placed in an unwashed container that previously

held an incompatible waste or material (see Appendix V of 40 CFR 265,

incorporated by reference in 35 Ill. Adm. Code 720.111(b), for examples), unless

§ Section 725.117(b) is complied with.

A storage container holding a hazardous waste that is incompatible with any

waste or other materials stored nearby in other containers, piles, open tanks,

surface impoundments must be separated from the other materials or protected

from them by means of a dike, berm, wall,

or other device.

Comment: BOARD NOTE: The purpose of this is to prevent fires, explosions, gaseous

emissions, leaching,

or other discharge or hazardous waste or hazardous waste constituents

which

that could result from the mixing of incompatible wastes or materials if containers break

or leak.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.278

Air Emission Standards

The owner or operator

shall must manage all hazardous waste placed in a container in

accordance with the requirements of Subparts AA, BB, and CC of 35 Ill. Adm. Code

724.Subparts AA, BB, and CC.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

192

SUBPART J: TANK SYSTEMS

Section 725.290

Applicability

The regulations of this Subpart J

apply to owners and operators of facilities that use tank systems

for storing or treating hazardous waste, except as otherwise provided in subsections (a), (b) or (c)

below,

of this Section or in Section 725.101.

Tank systems that are used to store or treat hazardous waste that contains no free

liquids and that are situated inside a building with an impermeable floor are

exempted from the requirements in Section 725.293. To demonstrate the absence

or presence of free liquids in the stored or treated waste, the following test must

be used:

U.S. EPA USEPA Method 9095 (Paint Filter Liquids Test), as described

in “Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods,”

U.S. EPA USEPA Publication No. SW-846), incorporated by reference in 35 Ill.

Adm. Code 720.111(a)

Tank systems, including sumps, as defined in 35 Ill. Adm. Code 720.110, that

serve as part of a secondary containment system to collect or contain releases of

hazardous wastes are exempted from the requirements in Section 725.293(a).

Tanks, sumps,

and other collection devices used in conjunction with drip pads, as

defined in 35 Ill. Adm. Code 720.110 and regulated under Subpart W of this Part,

must meet the requirements of this Subpart J

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.291

Assessment of Existing Tank

System’s System Integrity

For each existing tank system that does not have secondary containment meeting

the requirements of Section 725.293, the owner or operator

shall must determine

either that the tank system is not leaking or that it is unfit for use. Except as

provided in subsection (c), the owner or operator shall,

by after January 12, 1988,

obtain and keep on file at the facility a written assessment reviewed and certified

by an independent, qualified, registered professional engineer in accordance with

35 Ill. Adm. Code 702.126(d), that attests to the tank system’s integrity.

This assessment must determine whether the tank system is adequately designed

and has sufficient structural strength and compatibility with the

waste(s) wastes to

be stored or treated to ensure that it will not collapse, rupture,

or fail. At a

minimum, this assessment must consider the following:

Design

standard(s) standards, if available, according to which the tank and

ancillary equipment were constructed;

Hazardous characteristics of the

waste(s) wastes that have been or will be

193

handled;

Existing corrosion protection measures;

Documented age of the tank system, if available, (otherwise, an estimate

of the age); and

Results of a leak test, internal inspection,

or other tank integrity

examination,

such that the following conditions are met:

For non-enterable underground tanks, this assessment must consist

of a leak test that is capable of taking into account the effects of

temperature variations, tank end deflection, vapor pocket and high

water table effects.

For other than non-enterable underground tanks and for ancillary

equipment, this assessment must be either a leak test, as described

above, or an internal inspection

and/or other tank integrity

examination certified by an independent, qualified, registered

professional engineer in accordance with 35 Ill. Adm. Code

702.126(d), that addresses cracks, leaks, corrosion,

and erosion.

(Board Note: BOARD NOTE: The practices described in the American

Petroleum Institute (API) Publication, Guide for Inspection of Refinery

Equipment, Chapter XIII, “Atmospheric and Low-Pressure Storage Tanks,

incorporated by reference in 35 Ill. Adm. Code 720.111(a)

, may be used,

where applicable, as guidelines in conducting the integrity examination of

an other than non-enterable underground tank system.

)

Tank systems that store or treat materials that become hazardous wastes

subsequent to July 14, 1986 must conduct this assessment within 12 months after

the date that the waste becomes a hazardous waste.

If, as a result of the assessment conducted in accordance with subsection (a) of

this Section, a tank system is found to be leaking or unfit for use, the owner or

operator

shall must comply with the requirements of Sections 725.296.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.292

Design and Installation of New Tank Systems or Components

Owners and operators An owner or operator of a new tank systems system or

components shall component must ensure that the foundation, structural support,

seams, connections,

and pressure controls (if applicable) are adequately designed

and that the tank system has sufficient structural strength, compatibility with the

waste(s) wastes to be stored or treated, and corrosion protection so that it will not

194

collapse, rupture,

or fail. The owner or operator shall must obtain a written

assessment reviewed and certified by an independent, qualified, registered

professional engineer in accordance with 35 Ill. Adm. Code 702.126(d), attesting

that the system has sufficient structural integrity and is acceptable for the storing

and treating of hazardous waste. This assessment must include, at a minimum,

the following information:

Design

standard(s) standards according to which the tank(s) tanks and

ancillary equipment is or will be constructed.

Hazardous characteristics of the

waste(s) wastes to be handled.

For new tank systems or components in which the external shell of a metal

tank or any external metal component of the tank system is or will be in

contact with the soil or with water, a determination by a corrosion expert

of the following

Factors affecting the potential for corrosion, including but not

limited to the following

Soil moisture content;

Structure to soil potential;

vi)

Influence of nearby underground metal structures (e.g.,

piping);

vii)

Stray electric current;

viii)

Existing corrosion-protection measures (e.g., coating,

cathodic protection); and

The type and degree of external corrosion protection that are

needed to ensure the integrity of the tank system during the use of

the tank system or component, consisting of one or more of the

following:

Corrosion-resistant materials of construction such as

special alloys, or fiberglass-reinforced plastic;

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ii)

Corrosion-resistant coating (such as epoxy, fiberglass, etc.)

with cathodic protection (e.g., impressed current or

sacrificial anodes); and

iii)

Electrical isolation devices such as insulating joints and

flanges, etc.

(Board Note: BOARD NOTE: The practices described in the

National Association of Corrosion Engineers (NACE) Standard.

“Recommended Practice (RP-02-85) Control of External

Corrosion on Metallic Buried, Partially Buried, or Submerged

Liquid Storage Systems,”

, and API Publication 1632, “Cathodic

Protection of Underground Petroleum Storage Tanks and Piping

Systems,” incorporated by reference in 35 Ill. Adm. Code

720.111(a)

, may be used, where applicable, as guidelines in

providing corrosion protection for tank systems.)

For underground tank system components that are likely to be affected by

vehicular traffic, a determination of design or operational measures that

will protect the tank system against potential damage; and

Design considerations to ensure

that the following:

Tank foundations will maintain the load of a full tank;

Tank systems will be anchored to prevent flotation or

dislodgement where the tank system is placed in a saturated zone,

or is located within a seismic fault zone; and

Tank systems will withstand the effects of frost heave.

The owner and operator of a new tank system

shall must ensure that proper

handling procedures are adhered to in order to prevent damage to the system

during installation. Prior to covering, enclosing or placing a new tank system or

component in use, an independent, qualified installation inspector or an

independent, qualified, registered professional engineer, either of whom is trained

and experienced in the proper installation of tank systems or components,

shall

must

inspect the system or component for the presence of any of the following

items:

Weld breaks;

Punctures;

Scrapes of protective coatings;

196

Cracks;

Corrosion; and

Other structural damage or inadequate construction or installation. All

discrepancies must be remedied before the tank system is covered,

enclosed,

or placed in use.

New tank systems or components and piping that are placed underground and

that

which are backfilled must be provided with a backfill material that is a

noncorrosive, porous, and

homogeneous substance and that which is carefully

installed so that the backfill is placed completely around the tank and compacted

to ensure that the tank and piping are fully and uniformly supported.

All new tanks and ancillary equipment must be tested for tightness prior to being

covered, enclosed or placed in use. If a tank system is found not to be tight, all

repairs necessary to remedy the

leak(s) leaks in the system must be performed

prior to the tank system being covered, enclosed,

or placed in use.

Ancillary equipment must be supported and protected against physical damage

and excessive stress due to settlement, vibration, expansion,

or contraction.

(Board Note: BOARD NOTE: The piping system installation procedures

described in API Publication 1615, “Installation of Underground Petroleum

Storage Systems,” or ANSI Standard B31.3, “Petroleum Refinery Piping,”

incorporated by reference in 35 Ill. Adm. Code 720.111(a)

, may be used where

applicable, as guidelines for proper installation of piping systems.)

The owner and operator

shall must provide the type and degree of corrosion

protection necessary, based on the information provided under subsection (a)(3)

of this Section

, to ensure the integrity of the tank system during use of the tanks

system.

The An independent corrosion expert must supervise the installation of a

corrosion protection system that is field fabricated

must be supervised by an

independent corrosion expert to ensure proper installation.

The owner and operator must obtain and keep on file at the facility written

statements by those persons required to certify the design of the tank system and

supervise the installation of the tank system in accordance with the requirements

of subsections (b) through (f) of this Section

to attest that the tank system was

properly designed and installed and that repairs, pursuant to subsections (b) and

(d) of this Section

were performed. These written statements must also include

the certification statement,

as required in 35 Ill. Adm. Code 702.126(d).

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

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Section 725.293

Containment and Detection of Releases

In order to prevent the release of hazardous waste or hazardous constituents to the

environment, secondary containment that meets the requirements of this Section

must be provided (except as provided in subsections (f) and (g) of this Section).

For all a new tank systems system or components component, prior to

their its being put into service;

For all existing tanks used to store or treat USEPA Hazardous Waste

Numbers F020, F021, F022, F023, F026,

and F027, as defined in 35 Ill.

Adm. Code 721.131, within two years after January 12, 1987;

For those existing tank systems of known and documentable age, within

two years after January 12, 1987, or when the tank systems have reached

15 years of age, whichever come later;

For those existing tank systems for which the age cannot be documented,

within eight years of January 12, 1987; but if the age of the facility is

greater than seven years, secondary containment must be provided by the

time the facility reaches 15 years of age or within two years of January 12,

1987, whichever comes later; and

For tank systems that store or treat materials that become hazardous

wastes subsequent to January 12, 1987, within the time intervals required

in subsections (a)(1) through (a)(4) of this Section

, except that the date

that a material becomes a hazardous waste must be used in place of

January 12, 1987.

Secondary containment systems must be as follows

Designed, installed,

and operated to prevent any migration of wastes or

accumulated liquid out of the system to the soil, groundwater,

or surface

water at any time during the use of the tank system; and

Capable of detecting and collecting releases and accumulated liquids until

the collected material is removed.

To meet the requirements of subsection (b) of this Section

, secondary

containment systems must be at a minimum as follows

Constructed of or lined with materials that are compatible with the

waste(s) wastes to be placed in the tank system and of sufficient strength

and thickness to prevent failure due to pressure gradients (including static

head and external hydrological forces), physical contact with the waste to

which they are exposed, climatic conditions, the stress of installation,

and

198

the stress of daily operation (including stresses from nearby vehicular

traffic);

Placed on a foundation or base capable of providing support to the

secondary containment system and resistance to pressure gradients above

and below the system and capable of preventing failure due to settlement,

compression,

or uplift;

Provided with a leak detection system that is designed and operated so that

it will detect the failure of either the primary and secondary containment

structure or any release of hazardous waste or accumulated liquid in the

secondary containment system within 24 hours, or as otherwise provided

in the RCRA permit if the operator has demonstrated to the Agency, by

way of permit application, that the existing detection technology or site

conditions will not allow detection of a release within 24 hours;

Sloped or otherwise designed or operated to drain and remove liquids

resulting from leaks, spills,

or precipitation. Spilled or leaked waste and

accumulated precipitation must be removed from the secondary

containment system within 24 hours, or as otherwise provided in the

RCRA permit if the operator has demonstrated to the Agency, by way of

permit application, that removal of the released waste or accumulated

precipitation cannot be accomplished within 24 hours.

BOARD NOTE: If the collected material is a hazardous waste under 35 Ill. Adm.

Code 721, it is subject to management as a hazardous waste in accordance with all

applicable requirements of 35 Ill. Adm. Code 722 through 725. If the collected

material is discharged through a point source to waters of the State, it is subject to

the NPDES permit requirement of Section 12(f) of the Environmental Protection

Act and 35 Ill. Adm. Code 309. If discharged to a Publicly Owned Treatment

Works (POTW), it is subject to the requirements of 35 Ill. Adm. Code 307 and

310. If the collected material is released to the environment, it may be subject to

the reporting requirements of 35 Ill. Adm. Code 750.410 and 40 CFR 302.6,

incorporated by reference in 35 Ill. Adm. Code 720.111(b)

Secondary containment for tanks must include one or more of the following

devices:

A liner (external to the tank);

A vault;

A double-walled tank; or

An equivalent device as approved by the Board in an adjusted standards

proceeding.

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In addition to the requirements of subsections (b), (c),

and (d), secondary

containment systems must satisfy the following requirements:

External liner systems must be as follows

Designed or operated to contain 100 percent of the capacity of the

largest tank within the liner system’s boundary;

Designed or operated to prevent run-on or infiltration of

precipitation into the secondary containment system,

unless the

collection system has sufficient excess capacity to contain run-on

or infiltration. Such additional capacity must be sufficient to

contain precipitation from a 25-year, 24-hour rainfall event;

Free of cracks or gaps; and

Designed and installed to completely surround the tank and to

cover all surrounding earth likely to come into contact with the

waste if released from the

tank(s) tanks (i.e., capable of preventing

lateral as well as vertical migration of the waste).

Vault systems must be as follows

Designed or operated to contain 100 percent of the capacity of the

largest tank within the vault system’s boundary;

Designed or operated to prevent run-on or infiltration of

precipitation into the secondary containment system,

unless the

collection system has sufficient excess capacity to contain run-on

or infiltration. Such additional capacity must be sufficient to

contain precipitation from a 25-year, 24-hour rainfall event;

Constructed with chemical-resistant water stops in place at all

joints (if any);

Provided with an impermeable interior coating or lining that is

compatible with the stored waste and that will prevent migration of

waste into the concrete;

Provided with a means to protect against the formation of and

ignition of vapors within the vault, if the waste being stored or

treated:

Meets the definition of ignitable waste under 35 Ill. Adm.

Code 721.121; or

200

ii)

Meets the definition of reactive waste under 35 Ill. Adm.

Code 721.123 and may form an ignitable or explosive

vapor; and

Provided with an exterior moisture barrier or be otherwise

designed or operated to prevent migration of moisture into the

vault if the vault is subject to hydraulic pressure.

Double-walled tanks must be as follows

Designed as an integral structure (i.e., an inner tank within an outer

shell) so that any release from the inner tank is contained by the

outer shell;

Protected, if constructed of metal, from both corrosion of the

primary tank interior and the external surface of the outer shell;

and

Provided with a built-in continuous leak detection system capable

of detecting a release within 24 hours or as otherwise provided in

the RCRA permit if the operator has demonstrated to the Agency,

by way of permit application, that the existing leak detection

technology or site conditions will not allow detection of a release

within 24 hours.

BOARD NOTE: The provisions outlined in the Steel Tank Institute (STI)

“Standard for Dual Wall Underground Steel Storage Tanks,” incorporated

by reference in 35 Ill. Adm. Code 720.111(a)

, may be used as guidelines

for aspects of the design of underground steel double-walled tanks.

Ancillary equipment must be provided with full secondary containment (e.g.,

trench, jacketing, double-walled piping) that meets the requirements of

subsections (h) and (c) of this Section

except for the following:

Aboveground piping (exclusive of flanges, joints, valves,

and

connections) that are visually inspected for leaks on a daily basis;

Welded flanges, welded joints,

and welded connections that are visually

inspected for leaks on a daily basis;

Sealless or magnetic coupling pumps and sealless valves that are visually

inspected for leaks on a daily basis; and

Pressurized aboveground piping systems with automatic shut-off devices

(e.g., excess flow check valves, flow metering shutdown devices, loss of

201

pressure actuated shut-off devices) that are visually inspected for leaks on

a daily basis.

Pursuant to Section 28.1 of the Environmental Protection Act [415 ILCS 5/28.1]

and in accordance with Subpart D of

35 Ill. Adm. Code 106.Subpart D 104, an

adjusted standard will be granted by the Board regarding alternative design and

operating practices only if the Board finds either that the alternative design and

operating practices, together with location characteristics, will prevent the

migration of any hazardous waste or hazardous constituents into the groundwater

or surface water at least as effectively as secondary containment during the active

life of the tank system, or that in the event of a release that does migrate to

groundwater or surface water, no substantial present or potential hazard will be

posed to human health or the environment. New underground tank systems may

not receive an adjusted standard from the secondary containment requirements of

this Section through a justification in accordance with subsection (g)(2) of this

Section.

When determining whether to grant alternative design and operating

practices based on a demonstration of equivalent protection of

groundwater and surface water, the Board will consider whether the

petitioner has justified an adjusted standard based on the following

factors:

The nature and quantity of the waste;

The proposed alternate design and operation;

The hydrogeologic setting of the facility, including the thickness of

soils between the tank system and groundwater; and

All other factors that would influence the quality and mobility of

the hazardous constituents and the potential for them to migrate to

groundwater or surface water.

In deciding whether to grant alternative design and operating practices

based on a demonstration of no substantial present or potential hazard, the

Board will consider whether the petitioner has justified an adjusted

standard based on the following factors:

The potential adverse effects on groundwater, surface water,

and

land quality taking the following

into account:

The physical and chemical characteristics of the waste in

the tank system, including its potential for migration;

ii)

The hydrogeological characteristics of the facility and

202

surrounding land;

iii)

The potential for health risks caused by human exposure to

waste constituents;

iv)

The potential for damage to wildlife; crops, vegetation,

and

physical structures caused by exposure to waste

constituents; and

The persistence and permanence of the potential adverse

effects

The potential adverse effects of a release on groundwater quality,

taking the following

into account:

The quantity and quality of groundwater and the direction

of groundwater flow;

ii)

The proximity and withdrawal rates of water in the area;

iii)

The current and future uses of groundwater in the area; and

iv)

The existing quality of groundwater, including other

sources of contamination and their cumulative impact on

the groundwater quality

The potential adverse effects of a release on surface water quality,

taking the following

into account:

The quantity and quality of groundwater and the direction

of groundwater flow;

ii)

The patterns of rainfall in the region;

iii)

The proximity of the tank system to surface waters;

iv)

The current and future uses of surface waters in the area

and water quality standards established for those surface

waters; and

The existing quality of surface water, including other

sources of contamination and the cumulative impact on

surface water quality

. And,; and

The potential adverse effects of a release on the land surrounding

the tank system, taking the following

into account:

203

The patterns of rainfall in the region; and

ii)

The current and future uses of the surrounding land.

The owner or operator of a tank system, for which alternative design and

operating practices had been granted in accordance with the requirements

of subsection (g)(1), at which a release of hazardous waste has occurred

from the primary tank system but has not migrated beyond the zone of

engineering control (as established in the alternative design and operating

practices),

shall must fulfill the following requirements:

Comply It must comply with the requirements of Section 725.296,

except Section 725.296(d); and

Decontaminate It must decontaminate or remove contaminated soil

to the extent necessary to assure the following

Enable It must enable the tank system, for which

alternative design and operating practices were granted, to

resume operation with the capability for the detection of

and response to releases at least equivalent to the capability

it had prior to the release; and

ii)

Prevent It must prevent the migration of hazardous waste or

hazardous constituents to groundwater or surface water.

If contaminated soil cannot be removed or decontaminated in

accordance with subsection (g)(3)(B), it must

comply with the

requirements of Section 725.297(b).

The owner or operator of a tank system, for which alternative design and

operating practices had been granted in accordance with the requirements

of subsection (g)(1) of this Section

, at which a release of hazardous waste

has occurred from the primary tank system and has migrated beyond the

zone of engineering control (as established in the alternative design and

operating practices,

shall must fulfill the following requirements:

Comply It must comply with the requirements of Section

725.296(a), (b), (c),

and (d); and

Prevent It must prevent the migration of hazardous waste or

hazardous constituents to groundwater or surface water, if

possible, and decontaminate or remove contaminated soil. If

contaminated soil cannot be decontaminated or removed, or if

groundwater has been contaminated, the owner or operator

shall

204

must

comply with the requirements of Section 725.297(b);

If repairing, replacing,

or reinstalling the tank system, it must

provide secondary containment in accordance with the

requirements of subsections (a) through (f) of this Section

, or make

the alternative design and operating practices demonstration to the

Board again with respect to secondary containment and meet the

requirements for new tank systems in Section 725.292 if the tank

system is replaced. The owner or operator

shall must comply with

these requirements even if contaminated soil is decontaminated or

removed, and groundwater or surface water has not been

contaminated.

In order to make an alternative design and operating practices demonstration, the

owner or operator

shall must follow the following procedures, in addition to those

specified in Section 28.1 of the Act [415 ILCS 5/28.1] and Subpart D of

35 Ill.

Adm. Code

106.Subpart D 104:

The owner or operator

shall must file a petition for approval of alternative

design and operating practices according to the following schedule:

For existing tank systems, at least 24 months prior to the date that

secondary containment must be provided in accordance with

subsection (a) of this Section

; and

For new tank systems, at least 30 days prior to entering into a

contract for installation of the tank system.

As part of the petition, the owner or operator

shall must also submit the

following to the Board:

A description of the steps necessary to conduct the demonstration

and a timetable for completing each of the steps. The

demonstration must address each of the factors listed in subsection

(g)(1) or (g)(2) of this Section

; and

The portion of the Part B permit application specified in 35 Ill.

Adm. Code 703.202.

The owner or operator

shall must complete its showing within 180 days

after filing its petition for approval of alternative design and operating

practices.

The Agency

shall must issue or modify the RCRA permit so as to require

the permittee to construct and operate the tank system in the manner that

was provided in any Board order approving alternative design and

205

operating practices.

All tank systems, until such time as secondary containment meeting the

requirements of this Section is provided, must comply with the following:

For non-enterable underground tanks, a leak test that meets the

requirements of Section 725.291(b)(5) must be conducted at least

annually;

For other than non-enterable underground tanks and for all ancillary

equipment, an annual leak test, as described in subsection (i)(1) of this

Section, or an internal inspection or other tank integrity examination, by

an independent, qualified, registered professional engineer, that addresses

cracks, leaks, corrosion and erosion must be conducted at least annually.

The owner or operator

shall must remove the stored waste from the tank,

if necessary, to allow the condition of all internal tank surfaces to be

assessed.

BOARD NOTE: The practices described in API Publication, Guide for

Inspection of Refining Equipment, Chapter XIII, “Atmospheric and Low

Pressure Storage Tanks,”

, incorporated by reference in 35 Ill. Adm. Code

720.111(a)

, may be used, when applicable, as guidelines for assessing the

overall condition of the tank system.

The owner or operator

shall must maintain on file at the facility a record

of the results of the assessments conducted in accordance with subsections

(i)(1) through (i)(3) of this Section

If a tank system or component is found to be leaking or unfit for use as a

result of the leak test or assessment in subsections (i)(1) through (i)(3) of

this Section, the owner or operator shall must comply with the

requirements of Section 725.296.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.294

General Operating Requirements

Hazardous wastes or treatment reagents must not be placed in a tank system if

they could cause the tank, its ancillary equipment or the secondary containment

system to rupture, leak, corrode,

or otherwise fail.

The owner or operator

shall must use appropriate controls and practices to prevent

spills and overflows from tank or secondary containment systems. These include

the following,

at a minimum:

Spill prevention controls (e.g.,

check valves, dry disconnect couplings,

206

etc.);

Overfill prevention controls (e.g., level sensing devices, high level alarms,

automatic feed cutoff,

or bypass to a standby tank); and

Maintenance of sufficient freeboard in uncovered tanks to prevent

overtopping by wave or wind action or by precipitation.

The owner or operator

shall must comply with the requirements of Section

725.296 if a leak or spill occurs in the tank system.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.295

Inspections

The owner or operator

shall must inspect the following, where present, at least

once each operating day:

Overfill/spill control equipment (e.g., waste-feed cutoff systems, bypass

systems,

and drainage systems) to ensure that it is in good working order;

The aboveground portion of the tank system, if any, to detect corrosion or

releases of waste;

Data gathered from monitoring equipment, (e.g., pressure and temperature

gauges, monitoring wells, etc.)

to ensure that the tank system is being

operated according to its design; and

The construction materials and the area immediately surrounding the

externally accessible portion of the tank system including secondary

containment structures (e.g., dikes) to detect erosion or signs of releases of

hazardous waste (e.g., wet spots, dead vegetation, etc.);

(Board Note: BOARD NOTE: Section 725.115(c) requires the owner or operator

to remedy any deterioration or malfunction the owner or operator finds. Section

725.296 requires the owner or operator to notify the Agency within 24 hours of

confirming a release. Also, 40 CFR 302

(1986), incorporated by reference in 35

Ill. Adm. Code 720.111(b), may require the owner or operator to notify the

National Response Center of a release.

The owner or operator

shall must inspect cathodic protection systems, if present,

according to, at a minimum, the following schedule to ensure that they are

functioning properly:

The proper operation of the cathodic protection system must be confirmed

within six months after initial installation, and annually thereafter; and

207

All sources of impressed current must be inspected

and/or or tested, as

appropriate, at least every other month.

(Board Note: BOARD NOTE: The practices described in NACE Standard,

“Recommended Practice (RP-02-85), Control of External Corrosion on Metallic

Buried, Partially Buried, or Submerged Liquid Storage Systems,”

, API

Publication 1632, “Cathodic Protection of Underground Petroleum Storage Tanks

and Piping Systems,”

, incorporated by reference in 35 Ill. Adm. Code 720.111(a),

may be used, where applicable, as guidelines in maintaining and inspecting

cathodic protection systems.)

The owner or operator

shall must document in the operating record of the facility

an inspection of those items in subsections (a) and (b) of this Section

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.296

Response to

leaks Leaks or spills Spills and disposition Disposition of

Tank Systems

A tank system or secondary containment system from which there has been a leak or spill, or

which is unfit for use, must be removed from service immediately. The owner or operator

shall

must

satisfy the following requirements:

Cease using; prevent flow or addition of wastes. The owner or operator

shall

must

immediately stop the flow of hazardous waste into the tank system or

secondary containment system and inspect the system to determine the cause of

the release.

Removal of waste from tank system or secondary containment system.

If the release was from the tank system, the owner or operator

shall must,

within 24 hours after detection of the leak, remove as much of the waste as

is necessary to prevent further release of hazardous waste to the

environment and to allow inspection and repair of the tank system to be

performed.

If the release was to a secondary containment system, all released

materials must be removed within 24 hours to prevent harm to human

health and the environment.

Containment of visible releases to the environment. The owner or operator

shall

must

immediately conduct a visual inspection of the release and, based upon that

inspection, do the following

Prevent further migration of the leak or spill to soils or surface water; and

208

Remove

, and properly dispose of, any visible contamination of the soil or

surface water.

Notifications

,; reports.

Any release to the environment, except as provided in subsection (d)(2) of

this Section, must be reported to the Agency within 24 hours of after

detection.

A leak or spill of hazardous waste is exempted from the requirements of

this

paragraph subsection (d) if it is the following occur:

Less The spill is less than or equal to a quantity of one (1) pound;

and

Immediately The spill is immediately contained and cleaned-up.

Within 30 days of detection of a release to the environment, a report

containing the following information must be submitted to the Agency:

Likely route of migration of the release;

Characteristics of the surrounding soil (soil composition, geology,

hydrogeology, climate, etc.);

Results of any monitoring or sampling conducted in connection

with the release, (if available). If sampling or monitoring data

relating to the release are not available within 30 days, these data

must be submitted to the Agency as soon as they become available.

Proximity to downgradient drinking water, surface water,

and

population areas; and

Description of response actions taken or planned.

Provision of secondary containment, repair,

or closure.

Unless the owner or operator satisfies the requirements of subsections

(e)(2) through (e)(4) of this Section

, the tank system must be closed in

accordance with Section 725.297.

If the cause of the release was a spill that has not damaged the integrity of

the system, the owner or operator may return the system to service as soon

as the released waste is removed and repairs, if necessary, are made.

209

If the cause of the release was a leak from the primary tank system into the

secondary containment system, the system must be repaired prior to

returning the tank system to service.

If the source of the release was a leak to the environment from a

component of a tank system without secondary containment, the owner or

operator

shall must provide the component of the system from which the

leak occurred with secondary containment that satisfies the requirements

of Section 725.293 before it is returned to service, unless the source of the

leak is an aboveground portion of a tank system. If the source is an

aboveground component that can be inspected visually, the component

must be repaired and may be returned to service without secondary

containment as long as the requirements of subsection (f) of this Section

are satisfied. If a component is replaced to comply with the requirements

of this

subpargraph subsection (e)(4), that component must satisfy the

requirements for new tank systems or components in Sections 725.292 and

725.293. Additionally, if a leak has occurred in any portion of a tank

system component that is not readily accessible for visual inspection (e.g.,

the bottom of an inground or onground tank), the entire component must

be provided with secondary containment in accordance with Section

725.293 prior to being returned to use.

Certification of major repairs. If the owner or operator has repaired a tank system

in accordance with subsection (e) of this Section

, and the repair has been

extensive (e.g., installation of an internal liner; repair of a ruptured primary

containment or secondary containment vessel), the tank system must not be

returned to service unless the owner or operator has obtained a certification by an

independent qualified, registered professional engineer in accordance with 35 Ill.

Adm. Code 702.126(d) that the repaired system is capable of handling hazardous

wastes without release for the intended life of the system. This certification must

be submitted to the Agency within seven days after returning the tank system to

use.

BOARD NOTE: See Section 725.115(c) for the requirements necessary to remedy a failure.

Also, 40 CFR 302.6, incorporated by reference in 35 Ill. Adm. Code 720.111(b)

, requires the

owner or operator to notify the National Response Center of a release of any “reportable

quantity.”

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.297

Closure and Post-Closure Care

At closure of a tank system, the owner or operator

shall must remove or

decontaminate all waste residues, contaminated containment system components

(liners, etc.), contaminated soils and structures and equipment contaminated with

waste, and manage them as hazardous waste, unless 35 Ill. Adm. Code 721.103(d)

210

applies. The closure plan, closure activities, cost estimates for closure and

financial responsibility for tank systems must meet all of the requirements

specified in Subparts G and H of this Part

If the owner or operator demonstrates that not all contaminated soils can be

practicably removed or decontaminated as required in subsection (a) of this

Section, then the owner or operator shall must close the tank system and perform

post-closure care in accordance with the closure and post-closure care

requirements that apply to landfills (Section 725.410). In addition, for the

purposes of closure, post-closure and financial

responsbility responsibility, such a

tank system is then considered to be a landfill, and the owner or operator

shall

must

meet all of the requirements of landfills specified in Subparts G and H of

this Part.

If an owner or operator has a tank system

which that does not have secondary

containment that meets the requirements of Section 725.293(b) through (f), and

which is not exempt from the secondary containment requirements in accordance

with Section 725.293(g), then the following requirements apply

The closure plan for the tank system must include both a plan for

complying with subsection (a) of this Section

, and a contingent plan for

complying with subsection (b) of this Section

;

A contingent post-closure plan for complying with subsection (b) of this

Section must be prepared and submitted as part of the permit application;

The cost estimates calculated for closure and post-closure care must

reflect the costs of complying with the contingent closure plan and the

contingent post-closure plan, if these costs are greater than the costs of

complying with the closure plan prepared for the expected closure under

subsection (a) of this Section

;

Financial assurance must be based on the cost estimates in subsection

(c)(3) of this Section

; and

For the purposes of the contingent closure and post-closure plans, such a

tank system is considered to be a landfill, and the contingent plans must

meet all of the closure, post-closure care,

and financial responsibility

requirements for landfills under Subparts G and H of this Part

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.298

Special Requirements for Ignitable or Reactive

Waste Wastes

Ignitable or reactive waste must not be placed in a tank system, unless either of

the following conditions is fulfilled:

211

The waste is treated, rendered or mixed before or immediately after

placement in the tank system so that the following two conditions are

fulfilled:

The resulting waste, mixture,

or dissolved material no longer meets

the definition of ignitable or reactive waste under 35 Ill. Adm.

Code 721.121 or 721.123;

and

Section 725.117(b) is complied with;

The waste is stored or treated in such a way that it is protected from any

material or conditions which that may cause the waste to ignite or react; or

The tank system is used solely for emergencies.

The owner or operator of a facility where ignitable or reactive waste is stored or

tested in tanks

shall must comply complies with the requirements for the

maintenance of protective distances between the waste management area and any

public ways, streets, alleys,

or an adjoining property line that can be built upon as

required in Tables 2-1 through 2-6 of the National Fire Protection Association’s

“Flammable and Combustible Liquids Code,” NFPA 30, incorporated by

reference in 35 Ill. Adm. Code 720.111(a)

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.299

Special Requirements for Incompatible Wastes

Incompatible wastes or incompatible wastes and materials must not be placed in

the same tank system, unless Section 725.117(b) is complied with.

Hazardous waste must not be placed in a tank system

which that has not been

decontaminated and which previously held an incompatible waste or material

unless Section 725.117(b) is complied with.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.300

Waste Analysis and Trial Tests

In addition to performing the waste analysis required by Section 725.113,

the owner or operator

shall, whenever a tank system is to be used to chemically treat chemically, or to store, a

hazardous waste that is substantially different from waste previously treated or stored in that tank

system

;, or to treat chemically a hazardous waste with a substantially different process than any

previously used in that tank system, the owner or operator must do the following

Conduct It must conduct waste analyses and trial treatment or storage tests (e.g.,

212

bench-scale or pilot-plant scale tests); or

Obtain It must obtain written, documented information on similar waste under

similar operating conditions to show that the proposed treatment or storage will

meet the requirements of Section 725.294(a).

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.301

Generators of 100 to 1,000

Kilograms of Hazardous Waste Per Month

The requirements of this Section apply to small quantity generators that generate

more than 100 kg but less than 1,000

kg of hazardous waste in a calendar month,

that accumulate hazardous waste in tanks for less than 180 days (or 270 days if

the generator must ship the waste greater than 200 miles), and that do not

accumulate over 6,000 kg on-site at any time.

A generator of between 100 and 1,000

kg/mo hazardous waste shall must comply

with the following general operating requirements:

Treatment or storage of hazardous waste in tanks must comply with

Section 725.117(b);

Hazardous wastes or treatment reagents must not be placed in a tank if

they could cause the tank or its inner liner to rupture, leak, corrode, or

otherwise fail before the end of its intended life;

Uncovered tanks must be operated to ensure at least 60 centimeters (2

feet) of freeboard unless the tank is equipped with a containment structure

(e.g., dike or trench), a drainage control system, or a diversion structure

(e.g., standby tank) with a capacity that equals or exceeds the volume of

the top 60 centimeters (2 feet) of the tank; and

Where hazardous waste is continuously fed into a tank, the tank must be

equipped with a means to stop this inflow (e.g., waste feed cutoff system

or by-pass system to a stand-by tank).

BOARD NOTE: These systems are intended to be used in the event of a

leak or overflow from the tank due to a system failure (e.g., a malfunction

in the treatment process, a crack in the tank, etc.).

A generator of between 100 and 1,000

kg/mo accumulating hazardous waste in

tanks

shall must inspect the following, where present:

Discharge control equipment (e.g., waste feed cutoff systems, by-pass

systems, and drainage systems) at least once each operating day, to ensure

that it is in good working order;

213

Data gathered from monitoring equipment (e.g., pressure and temperature

gauges) at least once each operating day to ensure that the tank is being

operated according to its design;

The level of waste in the tank at least once each operating day to ensure

compliance with subsection (b)(3) of this Section;

The construction materials of the tank at least weekly to detect corrosion

or leaking of fixtures or seams; and

The construction materials of and the area immediately surrounding

discharge confinement structures (e.g., dikes) at least weekly to detect

erosion or obvious signs of leakage (e.g., wet spots or dead vegetation).

BOARD NOTE: As required by Section 725.115(c), the owner or

operator must remedy any deterioration or malfunction the owner or

operator finds.

A generator of between 100 and 1,000

kg/mo accumulating hazardous waste in

tanks

shall must, upon closure of the facility, remove all hazardous waste from

tanks, discharge control equipment,

and discharge confinement structures.

BOARD NOTE: At closure, as throughout the operating period, unless the owner

or operator demonstrates, in accordance with 35 Ill. Adm. Code 721.103(d) or (e),

that any solid waste removed from the tank is not a hazardous waste, the owner or

operator becomes a generator of hazardous waste and must manage it in

accordance with all applicable requirements of 35 Ill. Adm. Code 722, 723, and

725.

A generator of between 100 and 1,000

kg/mo shall must comply with the

following special requirements for ignitable or reactive waste:

Ignitable or reactive waste must not be placed in a tank unless one of the

following conditions are fulfilled

The waste is treated, rendered, or mixed before or immediately

after placement in a tank so that the following is true of the waste:

The resulting waste, mixture, or dissolution of material no

longer meets the definition of ignitable or reactive waste

under 35 Ill. Adm. Code 721.121 or 721.123, and

ii)

Section 725.117(b) is complied with;

The waste is stored or treated in such a way that it is protected

214

from any material or conditions that may cause the waste to ignite

or react; or

The tank is used solely for emergencies.

The owner or operator of a facility that treats or stores ignitable or reactive

waste in covered tanks

shall must comply with the buffer zone

requirements for tanks contained in Tables 2-1 through 2-6 of the National

Fire Protection Association’s “Flammable and Combustible Liquids

Code,” NFPA 30, incorporated by reference in 35 Ill. Adm. Code

720.111(a)

A generator of between 100 and 1,000 kg/mo shall must comply with the

following special requirements for incompatible wastes:

Incompatible wastes or incompatible wastes and materials (see Appendix

E for examples) must not be placed in the same tank unless Section

725.117(b) is complied with.

Hazardous waste must not be placed in an unwashed tank that previously

held an incompatible waste or material unless Section 725.117(b) is

complied with.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.302

Air Emission Standards

The owner or operator

shall must manage all hazardous waste placed in a tank in accordance

with the requirements of Subparts AA, BB, and CC of this Part.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

SUBPART K: SURFACE IMPOUNDMENTS

Section 725.320

Applicability

The regulations in this Subpart K

apply to owners and operators of facilities that use surface

impoundments to treat, store,

or dispose of hazardous waste, except as § Section 725.101

provides otherwise.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.321

Design and Operating Requirements

The owner or operator of each new surface impoundment unit on which

construction commences after January 29, 1992, each lateral expansion of a

215

surface impoundment unit on which construction commences after July 29, 1992,

and each replacement of an existing surface impoundment unit that is to

commence reuse after July 29, 1992,

shall must install two or more liners and a

leachate collection and removal system between such liners, and operate the

leachate collection and removal system, in accordance with 35 Ill. Adm. Code

724.321(c), unless exempted under 35 Ill. Adm. Code 724.321(d), (e),

or (f).

“Construction commences” is as defined in 35 Ill. Adm. Code 720.110 under

“existing facility.”

The owner or operator of each unit referred to in subsection (a)

above shall of this

Section must notify the Agency at least sixty days prior to receiving waste. The

owner or operator of each facility submitting notice

shall must file a Part B

application within six months of the receipt of such notice.

The owner or operator of any replacement surface impoundment unit is exempt

from subsection (a)

above of this Section if the following conditions are fulfilled:

The existing unit was constructed in compliance with the design standards

of 35 Ill. Adm. Code 724.321(c), (d),

and (e), as amended in R86-1, at 10

Ill. Reg. 14119, effective August 12, 1986; and

BOARD NOTE: The cited subsections implemented the design standards

Sections sections 3004(o)(1)(A)(i) and (o)(5) of the Resource

Conservation and Recovery Act (42 U.S.C.

6901 et seq. 6924(o)(1)(A)(i)

and (o)(5)).

There is no reason to believe that the liner is not functioning as designed.

The Agency

shall must not require a double liner as set forth in subsection (a)

above

of this Section for any monofill, if the following conditions are fulfilled:

The monofill contains only hazardous wastes from foundry furnace

emission controls or metal casting molding sand, and such wastes do not

contain constituents

which that render the wastes hazardous for reasons

other than the toxicity characteristic in 35 Ill. Adm. Code 721.124, with

USEPA hazardous waste numbers D004 through D017; and

No migration demonstration.

Design and location requirements.

The monofill has at least one liner for which there is no

evidence that such liner is leaking. For the purposes of this

subsection (d)(2)(A)(i)

the term “liner” means a liner

designed, constructed, installed,

and operated to prevent

hazardous waste from passing into the liner at any time

216

during the active life of the facility, or a liner designed,

constructed, installed,

and operated to prevent hazardous

waste from migrating beyond the liner to adjacent

subsurface soil, groundwater,

or surface water at any time

during the active life of the facility. In the case of any

surface impoundment

which that has been exempted from

the requirements of subsection (a)

above of this Section, of

a liner designed, constructed, installed,

and operated to

prevent hazardous waste from passing beyond the liner, at

the closure of such impoundment the owner or operator

shall

must remove or decontaminate all waste residues, all

contaminated liner material and contaminated soil to the

extent practicable. If all contaminated soil is not removed

or decontaminated, the owner or operator of such

impoundment

shall must comply with appropriate post-

closure requirements, including but not limited to

groundwater monitoring and corrective action;

ii)

The monofill is located more than one-quarter mile from an

underground source of drinking water (as that term is

defined in 35 Ill. Adm. Code 702.110); and

iii)

The monofill is in compliance with generally applicable

groundwater monitoring requirements for facilities with

RCRA permits; or

The owner or operator demonstrates to the Board that the monofill

is located, designed, and operated so as to assure that there will be

no migration of any hazardous constituent into groundwater or

surface water at any future time.

In the case of any unit in which the liner and leachate collection system have been

installed pursuant to the requirements of subsection (a)

above of this Section, and

in good faith compliance with subsection (a)

above of this Section and with

guidance documents governing liners and leachate collection systems under

subsection (a)

above of this Section, the Agency shall must not require a liner or

leachate collection system

which that is different from that which was so installed

pursuant to subsection (a)

above of this Section when issuing the first permit to

such facility, except that the Agency is not precluded from requiring installation

of a new liner when the Agency finds that any liner installed pursuant to the

requirements of subsection (a)

above of this Section is leaking.

A surface impoundment must maintain enough freeboard to prevent any

overtopping of the dike by overfilling, wave action,

or a storm. Except as

provided in subsection (g)

, below of this Section, there must be at least 60

centimeters (2

two feet) of freeboard.

217

A freeboard level less than 60 centimeters (two feet) may be maintained if the

owner or operator obtains certification by a qualified engineer that alternate

design features or operating plans will, to the best of the engineer’s knowledge

and opinion, prevent overtopping of the dike. The certification, along with a

written identification of alternate design features or operating plans preventing

overtopping, must be maintained at the facility.

BOARD NOTE: Any point source discharge from a surface impoundment to

waters of the State is subject to the requirements of Section 12 of the

Environmental Protection Act [415 ILCS 5/12]

. Spills may be subject to Section

311 of the Clean Water Act (33 U.S.C.

1251 et seq. 1321)

Surface impoundments that are newly subject to this Part due to the promulgation

additonal additional listings or characteristics for the identification of

hazardous waste must be in compliance with subsections (a), (c), or (d)

above of

this Section not later than 48 months after the promulgation of the additonal

additional listing or characteristic. This compliance period shall must not be cut

short as the result of the promulgation of land disposal prohibitions under 35 Ill.

Adm. Code 728 or the granting of an extension to the effective date of a

prohibiton prohibition pursuant to 35 Ill. Adm. Code 728.105, within this 48

month period.

Refusal to grant an exemption or waiver, or grant with conditions, may be

appealed to the Board.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.322

Action Leakage Rate

The owner or operator of surface impoundment units subject to Section

725.321(a)

shall must submit a proposed action leakage rate to the Agency when

submitting the notice required under Section 725.321(b). Within 60 days of

receipt of the notification, the Agency

will: must do either of the following:

Establish establish an action leakage rate, either as proposed by the owner or

operator or modified using the criteria in this Section

;, or extend the review

period for up to 30 days. If no action is taken by the Agency before the original

60 or extended 90 day review periods, the action leakage rate will be approved as

proposed by the owner or operator.

The Agency

shall must approve an action leakage rate for surface impoundment

units subject to Section 725.321(a). The action leakage rate is the maximum

design flow rate that the leak detection system (LDS) can remove without the

fluid head on the bottom liner exceeding

1 one foot. The action leakage rate must

include an adequate safety margin to allow for uncertainties in the design (e.g.,

slope, hydraulic conductivity, thickness of drainage material, etc.)

,; construction,;

218

operation,

and location of the LDS,; waste and leachate characteristics,; the

likelihood and amounts of other sources of liquids in the LDS; and proposed

response actions (e.g., the action leakage rate must consider decreases in the flow

capacity of the system over time resulting from siltation and clogging, rib layover,

and creep of synthetic components of the system

,; overburden pressures,; etc.).

To determine if the action leakage rate has been exceeded, the owner or operator

shall

must convert the weekly or monthly flow rate from the monitoring data

obtained under Section 725.326(b) to an average daily flow rate (gallons per acre

per day) for each sump. The average daily flow rate for each sump must be

calculated weekly during the active life and closure period and, if the unit is

closed in accordance with Section 725.328(a)(2), monthly during the post-closure

care period, unless the Agency approves a different frequency pursuant to Section

725.326(b).

Final Agency determinations pursuant to this Section are deemed to be permit

denials for purposes of appeal to the Board pursuant to Section 40 of the

Environmental Protection Act [415 ILCS 5/40]

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.323

Response Actions

The owner or operator of surface impoundment units subject to Section

725.321(a)

shall must submit a response action plan to the Agency when

submitting the proposed action leakage rate under Section 725.322. The response

action plan must set forth the actions to be taken if the action leakage rate has

been exceeded. At a minimum, the response action plan must describe the actions

specified in subsection (b)

below of this Section.

If the flow rate into the LDS exceeds the action leakage rate for any sump, the

owner or operator

shall must do the following:

Notify the Agency in writing of the exceedence within

7 seven days of the

determination;

Submit a preliminary written assessment to the Agency within 14 days of

the determination, as to the amount of liquids

,; likely sources of liquids,;

possible location, size,

and cause of any leaks,; and short-term actions

taken and planned;

Determine to the extent practicable the location, size,

and cause of any

leak;

Determine whether waste receipt should cease or be curtailed

,; whether

any waste should be removed from the unit for inspection, repairs,

219

controls

,; and whether or not the unit should be closed;

Determine any other short-term and longer-term actions to be taken to

mitigate or stop any leaks; and

Within 30 days after the notification that the action leakage rate has been

exceeded, submit to the Agency the results of the determinations specified

in subsections (b)(3)

, (4) and through (b)(5) above of this Section, the

results of actions taken, and actions planned. Monthly thereafter, as long

as the flow rate in the LDS exceeds the action leakage rate, the owner or

operator

shall must submit to the Agency a report summarizing the results

of any remedial actions taken and actions planned.

To make the leak or remediation determinations in subsections (b)(3)

, (4) and

through

(b)(5) above of this Section, the owner or operator shall must do either of

the following:

Perform the following assessments:

Assess the source of liquids and amounts of liquids by source;

Conduct a fingerprint, hazardous constituent,

or other analyses of

the liquids in the LDS to identify the source of liquids and possible

location of any leaks, and the hazard and mobility of the liquid;

and

Assess the seriousness of any leaks in terms of potential for

escaping into the environment; or

Document why such assessments are not needed.

Final Agency determinations pursuant to this Section are deemed to be permit

denials for purposes of appeal to the Board pursuant to Section 40 of the

Environmental Protection Act [415 ILCS 5/40]

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.324

Containment System

All An earthen dikes dike must have a protective cover, such as grass, shale, or rock to minimize

wind and water erosion and to preserve

their its structural integrity.

BOARD NOTE:

This Section is derived from Two versions of 40 CFR 265.223, which was

inadvertently repealed exist. USEPA added the second at 57 Fed. Reg. 3486, January 29, 1992.

Section 725.324 is derived from the original version of 40 CFR 265.223.

220

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.325

Waste Analysis and Trial Tests

In addition to the waste analyses required by Section 725.113, whenever a surface impoundment

is to be used

to for either of the purposes in subsections (a) and (b) of this Section, the owner or

operator must, before treating the different waste or using the different process, perform either of

the required actions listed in subsection (c) of this Section:

Chemically treat a hazardous waste that is substantially different from waste

previously treated in that impoundment; or

Chemically treat hazardous waste with a substantially different process than and

previously used in that impoundment

, the owner or operator must, before treating

the different waste or using the different process:.

Required actions.

Conduct The owner or operator must conduct waste analyses and trial

treatment tests (e.g., bench scale or pilot plant scale tests); or

Obtain The owner or operator must obtain written, documented

information on similar treatment of similar waste under similar operating

conditions, to show that this treatment will comply with Section

725.117(b).

BOARD NOTE: As required by Section 725.113, the waste analyses plan must include analyses

needed to comply with Sections 725.329 and 725.330. As required by Section 725.173, the

owner or operator

shall must place the results from each waste analysis and trial test, or the

documented information in the operating record of the facility.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.326

Monitoring and

Inspection Inspections

The owner or operator

shall must inspect:

The freeboard level at least once each operating day to ensure compliance

with Section 725.322; and

The surface impoundment, including dikes and vegetation surrounding the

dike, at least once a week to detect any leaks, deterioration,

or failures in

the impoundment.

BOARD NOTE: As required by Section 725.115(c), the owner or operator

shall

must remedy any deterioration or malfunction the owner or operator

221

finds.

LDS.

An owner or operator required to have a LDS under Section 725.321(a)

shall

must record the amount of liquids removed from each LDS sump at

least once each week during the active life and closure period.

After the final cover is installed, the amount of liquids removed from each

LDS sump must be recorded at least monthly. If the liquid level in the

sump stays below the pump operating level for two consecutive months,

the amount of liquids in the sumps must be recorded at least quarterly. If

the liquid level in the sump stays below the pump operating level for two

consecutive quarters, the amount of liquids in the sumps must be recorded

at least semi-annually. If at any time during the post-closure care period

the pump operating level is exceeded at units on quarterly or semi-annual

recording schedules, the owner or operator

shall must return to monthly

recording of amounts of liquids removed from each sump until the liquid

level again stays below the pump operating level for two consecutive

months.

“Pump operating level” is a liquid level proposed by the owner or operator

and approved by the Agency based on pump activation level, sump

dimensions,

and level that avoids backup into the drainage layer and

minimizes head in the sump. The timing for submission and approval of

the proposed “pump operating level” will be in accordance with Section

725.322(a).

Final Agency determinations pursuant to this Section are deemed to be permit

denials for purposes of appeal to the Board pursuant to Section 40 of the

Environmental Protection Act [415 ILCS 5/40]

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.328

Closure and

Post-closure Post-Closure Care

At closure, the owner or operator

shall must do either of the following:

Remove or decontaminate all waste residues, contaminated containment

system components (liners, etc.), contaminated subsoils,

and structures

and equipment contaminated with waste or leachate

, and manage them as

hazardous waste,

unless 35 Ill. Adm. Code 721.103(d) applies; or

Close the impoundment and provide post-closure care for a landfill under

Subpart G of this Part

and Section 725.410, including the following:

222

Eliminate free liquids by removing liquid wastes or solidifying the

remaining wastes and waste residues;

Stabilize remaining wastes to a bearing capacity sufficient to

support final cover; and

Cover the surface impoundment with a final cover designed and

constructed to do the following

Provide long-term minimization of the migration of liquids

through the closed impoundment;

ii)

Function with minimum maintenance;

iii)

Promote drainage and minimize erosion or abrasion of the

cover;

iv)

Accommodate settling and subsidence so that the cover’s

integrity is maintained; and

Have a permeability less than or equal to the permeability

of any bottom liner system or natural subsoils present.

In addition to the requirements of Subpart G of this Part

and Section 725.410,

during the post-closure care period the owner or operator of a surface

impoundment in which wastes, waste residues or contaminated materials remain

after closure in accordance with subsection (a)(2)

above shall of this Section

must:

Maintain the integrity and effectiveness of the final cover, including

making repairs to the cover as necessary to correct the effects of settling,

subsidence, erosion,

or other events;

Maintain and monitor the LDS in accordance with 35 Ill. Adm. Code

724.321(c)(2)(D) and (c)(3) and 725.326(b) and comply with all other

applicable LDS requirements of this Part;

Maintain and monitor the groundwater monitoring system and comply

with all other applicable requirements of Subpart F of this Part

; and

Prevent run-on and run-off from eroding or damaging the final cover.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

223

Section 725.329

Special Requirements for Ignitable or Reactive

Waste Wastes

Ignitable or reactive waste must not be placed in a surface impoundment, unless the waste and

impoundment satisfy all applicable requirements of 35 Ill. Adm. Code 728, and one of the

following conditions is fulfilled:

The waste is treated, rendered, or mixed before or immediately after placement in

the impoundment so that the following conditions are true:

The resulting waste, mixture,

or dissolution of material no longer meets

the definition of ignitable or reactive waste under 35 Ill. Adm. Code

721.121 or 721.123; and

Section 725.117(b) is complied with; or

Management conditions.

The waste is managed in such a way that it is protected from any material

or conditions

which that may cause it to ignite or react; and

The owner or operator obtains a certification from a qualified chemist or

engineer that, to the best of the

chemist chemist’s or engineer’s knowledge

and opinion, the design features or operating plans of the facility will

prevent ignition or reaction; and

The certification and the basis for it are maintained at the facility; or

The surface impoundment is used solely for emergencies.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.330

Special Requirements for Incompatible Wastes

Imcompatible Incompatible wastes, or incompatible waste and materials (see Appendix V of 40

CFR 265, incorporated by reference in 35 Ill. Adm. Code 720.111(b), for examples) must not be

placed in the same surface impoundment, unless

§ Section 725.117(b) is complied with.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.331

Air Emission Standards

The owner or operator

shall must manage all hazardous waste placed in a surface impoundment

in accordance with the requirements of Subparts BB and CC of 35 Ill. Adm. Code

724.Subparts

BB and CC.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

224

SUBPART L: WASTE PILES

Section 725.350

Applicability

The regulations in this Subpart L

apply to owners and operators of facilities that treat or store

hazardous waste in piles, except as

§ Section 725.101 provides otherwise. Alternatively, a pile

of hazardous waste may be managed as a landfill under Subpart N of this Part

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.351

Protection from Wind

The owner or operator of a pile containing hazardous waste

which that could be subject to

dispersal by wind must cover or otherwise manage the pile so that wind dispersal is controlled.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.352

Waste Analysis

In addition to the waste analyses required by Section 725.113, the owner or

operator

shall must analyze a representative sample of waste from each incoming

movement before adding the waste to any existing pile unless either of the

following conditions is fulfilled:

The only wastes the facility receives that are amenable to piling are

compatible with each other, or

The waste received is compatible with the waste in the pile to which it is

to be added.

The analysis conducted must be capable of differentiating between the types of

hazardous waste the owner or operator places in piles, so that mixing of

incompatible waste does not inadvertently occur. The analysis must include a

visual comparison of color and texture.

BOARD NOTE: As required by Section 725.113, the waste analysis plan must include analyses

needed to comply with Sections 725.356 and 725.357. As required by Section 725.173, the

owner or operator must place the results of this analysis in the operating record of the facility.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.353

Containment

If leachate or run-off from a pile is a hazardous waste, then control of the leachate or runoff must

be accomplished by either of the following means:

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Control by pile design, construction, and operation.

The pile must be placed on an impermeable base that is compatible with

the waste under the conditions of treatment or storage;

The owner or operator must design, construct, operate and maintain a run-

on control system capable of preventing flow onto the active portion of the

pile during peak discharge from at least a 25-year storm;

The owner or operator must design, construct, operate and maintain a run-

off management system to collect and control at least the water volume

resulting from a 24-hour, 25-year storm; and

Collection and holding facilities (e.g., tanks or basins) associated with

run-on and run-off control systems must be emptied or otherwise managed

expeditiously to maintain design capacity of the system; or

Alternative control.

The pile must be protected from precipitation and runon by some other

means; and

No liquids or wastes containing free liquids may be placed in the pile.

BOARD NOTE: If collected leachate or runoff is discharged through a point source to waters of

the United States, it is subject to the requirements of Section 12 of the Illinois Environmental

Protection Act [415 ILCS 5/12]

, as amended.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.354

Design and Operating Requirements

The owner or operator of each new waste pile on which construction commences after January

29, 1992, each lateral expansion of a waste pile unit on which construction commences after July

29, 1992, and each such replacement of an existing waste pile unit that is to commence reuse

after July 29, 1992,

shall must install two or more liners and a leachate collection and removal

system above and between such liners and operate the leachate collection and removal systems,

in accordance with 35 Ill. Adm. Code 724.351(c), unless exempted under 35 Ill. Adm. Code

724.351(d), (e) or (f); and

shall must comply with the procedures of Section 725.321(b).

“Construction commences” is as defined in 35 Ill. Adm. Code 720.110 under “existing facility.”

The owner or operator of each unit referred to in this Section

shall must notify the Agency at

least sixty days prior to receiving waste. The owner or operator of each facility submitting

notice

shall must file a Part B application within six months of the receipt of such notice.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

226

Section 725.355

Action Leakage Rates

The owner or operator of waste pile units subject to Section 725.354

shall must

submit a proposed action leakage rate to the Agency when submitting the notice

required under Section 725.354. Within 60 days of receipt of the notification, the

Agency

will: must either establish an action leakage rate, either as proposed by

the owner or operator or modified using the criteria in this

section; Section, or it

must extend the review period for up to 30 days. If no action is taken by the

Agency before the original 60 or extended 90 day review

periods period, the

action leakage rate

will must be approved as proposed by the owner or operator.

The Agency shall must approve an action leakage rate for surface impoundment

units subject to Section 725.354. The action leakage rate is the maximum design

flow rate that the LDS can remove without the fluid head on the bottom liner

exceeding

1 one foot. The action leakage rate must include an adequate safety

margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity,

thickness of drainage material, etc.),

construction, operation, and location of the

LDS

,; waste and leachate characteristics,; the likelihood and amounts of other

sources of liquids in the LDS

,; and proposed response actions (e.g., the action

leakage rate must consider decreases in the flow capacity of the system over time

resulting from siltation and clogging, rib layover,

and creep of synthetic

components of the system

,; overburden pressures,; etc.).

To determine if the action leakage rate has been exceeded, the owner or operator

shall

must convert the weekly flow rate from the monitoring data obtained under

Section 725.360, to an average daily flow rate (gallons per acre per day) for each

sump. The average daily flow rate for each sump must be calculated weekly

during the active life and closure period.

Final Agency determinations pursuant to this Section are deemed to be permit

denials for purposes of appeal to the Board pursuant to Section 40 of the

Environmental Protection Act [415 ILCS 5/40]

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.356

Special Requirements for Ignitable or Reactive

Waste Wastes

Ignitable or reactive waste must not be placed in a pile,

unless the waste and pile meet all

applicable requirements of 35 Ill. Adm. Code 728, and either of the following is true

Addition Both of the following are true of addition of the waste to an existing

pile:

Results The addition results in the waste or mixture no longer meeting the

definition of ignitable or reactive waste under 35 Ill. Adm. Code 721.121

227

or 721.123; and

Complies The addition complies with Section 725.117(b); or

The waste is managed in such a way that it is protected from any material or

conditions

which that may cause it to ignite or react.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.357

Special Requirements for Incompatible Wastes

Incompatible wastes, or incompatible wastes and materials (see Appendix V of 40

CFR 265, incorporated by reference in 35 Ill. Adm. Code 720.111(b), for

examples) must not be placed in the same pile,

unless § Section 725.117(b) is

complied with.

A pile of hazardous waste that is incompatible with any waste or other material

stored nearby in other containers, piles, open tanks,

or surface impoundments

must be separated from the other materials or protected from them by means of a

dike, berm, wall,

or other device.

Comment: BOARD NOTE: The purpose of this is to prevent fires, explosions,

gaseous emissions, leaching,

or other discharge of hazardous waste or hazardous

waste constituents

which that could result from the contact or mixing of

incompatible wastes or materials.

Hazardous waste must not be piled on the same area where incompatible wastes

or materials were previously piled, unless that area has been decontaminated

sufficiently to ensure compliance with

§ Section 725.117(b).

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.358

Closure and

Post-closure Post-Closure Care

At closure, the owner or operator must remove or decontaminate all waste

residues, contaminated containment system components (liners, etc.),

contaminated subsoils,

and structures and equipment contaminated with waste

and leachate

, and manage them as hazardous waste, unless 35 Ill. Adm. Code

721.103(d) applies; or

If, after removing or decontaminating all residues and making all reasonable

efforts to effect removal or decontamination of contaminated components,

subsoils, structures,

and equipment, as required in paragraph subsection (a) of this

Section, the owner or operator finds that not all contaminated subsoils can be

practicably removed or decontaminated, it must close the facility and perform

post-closure care in accordance with the closure and post-closure requirements

228

that apply to landfills (Section 725.410).

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.359

Response Actions

The owner or operator of waste pile units subject to Section 725.354

shall must

submit a response action plan to the Agency when submitting the proposed action

leakage rate under Section 725.355. The response action plan must set forth the

actions to be taken if the action leakage rate has been exceeded. At a minimum,

the response action plan must describe the actions specified in subsection (b)

below

of this Section.

If the flow rate into the leak determination system exceeds the action leakage rate

for any sump, the owner or operator

shall must do the following:

Notify the Agency in writing of the exceedence within

7 seven days of the

determination;

Submit a preliminary written assessment to the Agency within 14 days of

the determination

, as to the amount of liquids,; likely sources of liquids,;

possible location, size,

and cause of any leaks,; and short-term actions

taken and planned;

Determine to the extent practicable the location, size,

and cause of any

leak;

Determine whether waste receipts should cease or be curtailed

,; whether

any waste should be removed from the unit for inspection, repairs,

controls

,; and whether or not the unit should be closed;

Determine any other short-term and longer-term actions to be taken to

mitigate or stop any leaks; and

Within 30 days after the notification that the action leakage rate has been

exceeded, submit to the Agency the results of the determinations specified

in subsections (b)(3)

, (4) and through (b)(5) above of this Section, the

results of actions taken, and actions planned. Monthly thereafter, as long

as the flow rate in the LDS exceeds the action leakage rate, the owner or

operator

shall must submit to the Agency a report summarizing the results

of any remedial actions taken and actions planned.

To make the leak or remediation determinations in subsections (b)(3)

, (4) and

through

(b)(5) above of this Section, the owner or operator shall must do either of

the following:

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Perform the following assessments:

Assess the source of liquids and amounts of liquids by source;

Conduct a fingerprint, hazardous constituent,

or other analyses of

the liquids in the LDS to identify the source of liquids and possible

location of any leaks, and the hazard and mobility of the liquid;

and

Assess the seriousness of any leaks in terms of potential for

escaping into the environment; or

Document why such assessments are not needed.

Final Agency determinations pursuant to this Section are deemed to be permit

denials for purposes of appeal to the Board pursuant to Section 40 of the

Environmental Protection Act [415 ILCS 5/40]

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.360

Monitoring and

Inspection Inspections

An owner or operator required to have a LDS under Section 725.354

shall must record the

amount of liquids removed from each LDS sump at least once each week during the active life

and closure period.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

SUBPART M: LAND TREATMENT

Section 725.370

Applicability

The regulations in this

subpart Subpart M apply to owners and operators of hazardous waste land

treatment facilities, except as

§ Section 725.101 provides otherwise.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.372

General Operating Requirements

Hazardous waste must not be placed in or on a land treatment facility,

unless the

waste can be made less hazardous or non-hazardous by degradation,

transformation,

or immobilization processes occurring in or on the soil.

The owner or operator must design, construct, operate,

and maintain a run-on

control system capable of preventing flow onto the active portions of the unit

during peak discharge from at least a 25-year storm.

230

The owner or operator must design, construct, operate,

and maintain a run-off

management system capable of collecting and controlling a water volume at least

equivalent to a 24-hour, 25-year storm.

Collection and holding facilities (e.g., tanks or basins) associated with run-on and

run-off control systems must be emptied or otherwise managed expeditiously

after storms to maintain design capacity of the system.

If the treatment zone contains particulate matter

which that may be subject to

wind dispersal the owner or operator must manage the unit to control wind

dispersal.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.373

Waste Analysis

In addition to the waste analyses required by Section 725.113, before placing a hazardous waste

in or on a land treatment facility, the owner or operator

shall must do each of the following:

Determine the concentrations in the waste of any substances

which that equal or

exceed the maximum concentrations contained in 35 Ill. Adm. Code 721.124 that

cause a waste to exhibit the toxicity characteristic;

For any waste listed in Subpart D of

35 Ill. Adm. Code 721.Subpart D, determine

the concentrations of any substances

which that caused the waste to be listed as a

hazardous waste; and

If food chain crops are grown, determine the concentrations in the waste of each

of the following constituents: arsenic, cadmium, lead,

and mercury, unless the

owner or operator has written, documented data that show that the constituent is

not present.

BOARD NOTE: 35 Ill. Adm. Code 721 specifies the substances for which a waste is listed as a

hazardous changed "shall" to "must"waste. As required by Section 725.113 the waste analysis

plan must include analyses needed to comply with Sections 725.381 and 725.382. As required

by Section 725.173, the owner or operator

shall must place the results from each waste analysis,

or the documented information, in the operating record of the facility.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.376

Food Chain Crops

An owner or operator of a hazardous waste land treatment facility on which food

chain crops are being grown, or have been grown and will be grown in the future,

must

notify have notified the Director Agency by July 16, 1982.

231

(Board Note: BOARD NOTE: The growth of food chain crops at a facility

which

that has never before been used for this purpose is a significant change in

process under 35 Ill. Adm. Code 703.155.

Owners and operators the owner or

operator of such a land treatment facilities who propose facility that proposes to

grow food chain crops after the effective date of this Part must comply with 35 Ill.

Adm. Code 703.155

Limitation relating to arsenic, lead, mercury, and other constituents.

Food chain crops must not be grown on the treated area of a hazardous

waste land treatment facility,

unless the owner or operator can

demonstrate, based on field testing, that either of the following is true of

any arsenic, lead, mercury, or other constituents identified under Section

725.373(b):

Will They will not be transferred to the food portion of the crop by

plant uptake or direct contact and will not otherwise be ingested by

food chain animals (e.g., by grazing); or

Will They will not occur in greater concentrations in the crops

grown on the land treatment facility than in the same crops grown

on untreated soils under similar conditions in the same region.

The information necessary to make the demonstration required by

paragraph subsection (b)(1) of this Section must be kept at the facility and

must, at a minimum, fulfill the following conditions

Be It must be based on tests for the specific waste and application

rates being used at the facility; and

Include It must include descriptions of crop and soil

characteristics, sample selection, criteria, sample size

determination, analytical methods,

and statistical procedures.

Limitation relating to cadmium.

Food chain crops must not be grown on a land

treatment facility receiving waste that contains cadmium unless all requirements

paragraph subsections (c)(1)(A) through (c)(1)(C) of this Section or all

requirements of

paragraph subsection (c)(2)(A) through (c)(2)(D) of this Section

are met.

Cadmium limitation for crops for human consumption. Application of

waste must comply with all of the following conditions:

The pH of the waste and soil mixture is 6.5 or greater at the time of

each waste application, except for waste containing cadmium at

232

concentrations of 2 mg/kg (dry weight) or less;

The annual application of cadmium from waste does not exceed

0.5 kilograms per hectare (kg/ha) on land used for production of

tobacco, leafy vegetables,

or root crops grown for human

consumption. For other food chain crops the annual cadmium

application rate does not exceed the following

ANNUAL CADMIUM APPLICATION RATE

(kilograms per hectare)

Present to June 30, 1984

2.0

July 1, 1984 to December 31, 1986

1.25

Beginning January 1, 1987

0.5

The cumulative application of cadmium from waste does not

exceed the levels in either

paragraph subsection (c)(1)(C)(i) or

paragraph (c)(1)(C)(ii) of this Section.

Maximum cumulative application of cadmium.

MAXIMUM CUMULATIVE APPLICATION OF

CADMIUM

(kilograms per hectare)

FOR BACKGROUND SOIL pH LESS THAN 6.5

Soil cation exchange capacity

(milliequivalents per 100 grams)

Less than 5

5-155 to 15

Greater than 15

FOR BACKGROUND SOIL pH GREATER

THAN 6.5

Soil cation exchange capacity

(milliequivalents per 100 grams)

For soils with a background pH of less than 6.5, the

cumulative cadmium application rate does not exceed the

233

levels below

: (provided, that the pH of the waste and soil

mixture is adjusted to and maintained at 6.5 or greater

whenever food chain crops are grown

.):

MAXIMUM CUMULATIVE APPLICATION OF

CADMIUM

(kilograms per hectare)

FOR BACKGROUND SOIL pH LESS THAN 6.5

WITH pH ADJUSTMENT

Soil Cation exchange capacity

(milliequivalents per 100 grams)

Less than 5

5 to 15

Greater than 15

Cadmium limitation for crops for animal feed. Application of waste must

comply with all of the following conditions:

The only food chain crop produced is animal feed

The pH of the waste and soil mixture is 6.5 or greater at the time of

waste application or at the time the crop is planted, whichever

occurs later and this pH level is maintained whenever food chain

crops are grown

There is a facility operating plan

which that demonstrates how the

animal feed will be distributed to preclude ingestion by humans.

The facility operating plan describes the measures to be taken to

safeguard against possible health hazards from cadmium entering

the food chain

which that may result from alternative land uses.;

and

Future property owners are notified by a stipulation in the land

record or property deed

which that states that the property has

received waste at high cadmium application rates and that food

chain crops must not be grown except in compliance with

paragraph subsection (c)(2) of this Section.

(Board Note: BOARD NOTE: As required by Section 725.173, if an owner or operator grows

food chain crops on his land treatment facility, he must place the information developed in this

section Section in the operating record of the facility.)

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

234

Section 725.378

Unsaturated Zone (Zone of Aeration) Monitoring

The owner or operator

shall must have in writing, and shall must implement, an

unsaturated zone monitoring plan that is designed to accomplish the following

Detect It must detect the vertical migration of hazardous waste and

hazardous waste constituents under the active portion of the land treatment

facility, and

Provide It must provide information on the background concentrations of

the hazardous waste and hazardous waste

constitients constituents in

similar but untreated soil nearby. This background monitoring must be

conducted before or in conjunction with the monitoring required under

subsection (a)(1)

above of this Section.

The unsaturated zone monitoring plan must include, at a minimum, both of the

following:

Soil monitoring using soil cores, and

Soil-pore water monitoring using devices, such as lysimeters.

To comply with subsection (a)(1)

above of this Section, the owner or operator

must demonstrate in his unsaturated zone monitoring plan that ensures the

following:

The depth at which soil and soil-pore water samples are to be taken is

below the depth to which the waste is incorporated into the soil;

The number of soil and soil-pore water samples to be taken is based on the

variability of the following

The hazardous waste constituents (as identified in Section

725.373(a) and(b)) in the waste and in the soil, and

The soil types; and

The frequency and timing of soil and soil-pore water sampling is based on

the frequency, time, and rate of waste application, proximity to ground

water, and soil permeability.

The owner or operator

shall must keep at the facility its unsaturated zone

monitoring plan and the rationale used in developing this plan.

The owner or operator

shall

must analyze the soil and soil-pore water samples for

235

the hazardous waste constituents that were found in the waste during the waste

analysis under Section 725.373(a) and (b).

BOARD NOTE: As required by Section 725.173, the owner or operator must place all data and

information developed under this Section in the operating record of the facility.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.380

Closure and

Post-closure Post-Closure Care

In the closure plan under Section 725.212 and the post-closure plan under Section

725.218 the owner or operator must address the following objectives and indicate

how they will be achieved:

Control of the migration of hazardous waste and hazardous waste

constituents from the treated area into the groundwater;

Control of the release of contaminated runoff from the facility into surface

water;

Compliance with Section 725.376 concerning the growth of food-chain

crops.

Control of the release of airborne particulate contaminants caused by wind

erosion; and

The owner or operator must consider at least the following factors in addressing

the closure and post-closure care objectives of

paragraph subsection (a) of this

section

Section:

Type

The type and amount of hazardous waste and hazardous waste

constituents applied to the land treatment facility;

The mobility and the expected rate of migration of the hazardous waste

and hazardous waste constituents;

Site The site location, topography, and surrounding land use with respect

to the potential effects of pollutant migration (e.g., proximity to

groundwater, surface water,

and drinking water sources);

Climate, including amount, frequency,

and pH of precipitation;

Geological and soil profiles and surface and subsurface hydrology of the

site and soil characteristics, including cation exchange capacity, total

organic carbon,

and pH;

236

Unsaturated zone monitoring information obtained under Section 725.378;

and

Type, The type, concentration, and depth of migration of hazardous waste

constituents in the soil,

as compared to their background concentrations.

The owner or operator must consider at least the following methods in addressing

the closure and post-closure care objectives of paragraph

subsection (a) of this

section

Section:

Removal of contaminated soils;

Placement of a final cover, considering the following

Functions of the cover (e.g., infiltration control, erosion and runoff

control,

and wind erosion control); and

Characteristics of the cover, including material, final surface

contours, thickness, porosity and permeability, slope, length of run

of slope,

and type of vegetation on the cover; and

Monitoring of groundwater.

In addition to the requirements of Subpart G of this Part

during the closure period

the owner or operator of a land treatment facility must do the following

Continue

It must continue unsaturated zone monitoring in a manner and

frequency specified in the closure plan, except that soil pore liquid

monitoring may be terminated 90 days after the last application of waste

to the treatment zone;

Maintain

It must maintain the run-on control system required under

Section 725.372(b);

Maintain

It must maintain the run-off management system required under

Section 725.372(c); and

Control

It must control wind dispersal of particulate matter which that

may be subject to wind dispersal.

For the purpose of complying with Section 725.215, when closure is completed

the owner or operator may submit to the Agency certification both by the owner

or operator and by an independent qualified soil scientist, in lieu of an

independent registered professional engineer, that the facility has been closed in

accordance with the specifications in the approved closure plan.

237

In addition to the requirements of Section 725.217, during the post-closure care

period the owner or operator of a land treatment unit must fulfill the following

requirements:

Continue

It must continue soil-core monitoring by collecting and

analyzing samples in a manner and frequency specified in the post-closure

plan;

Restrict

I must restrict access to the unit as appropriate for its post-closure

use;

Assure

It must assure that growth of food chain crops complies with

Section 725.376; and

Control

It must control wind dispersal of hazardous waste.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.381

Special Requirements for Ignitable or Reactive

Waste

Wastes

The owner or operator

shall

must not apply ignitable or reactive waste to the treatment zone

unless the waste and treatment zone meet all applicable requirements of 35 Ill. Adm. Code 728,

and:

The waste is immediately incorporated into the soil so that the following

conditions are fulfilled:

The resulting waste, mixture,

or dissolution of material no longer meets

the definition of ignitable or reactive waste under 35 Ill. Adm. Code

721.121 or 721.123; and

Section 724.117(b) is complied with; or

The waste is managed in such a way that it is protected from any material or

conditions

which

that may cause it to ignite or react.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.382

Special Requirements for Incompatible Wastes

Incompatible wastes or incompatible wastes and materials (see Appendix V of 40 CFR 265,

incorporated by reference in 35 Ill. Adm. Code 720.111(b), for examples), must not be placed in

the same land treatment area unless §

Section 725.117(b) is complied with.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

The regulations in this

subpart

Subpart N apply to owners and operators of facilities that dispose

of hazardous waste in landfills, except as

§ Section 725.101 provides otherwise. A waste pile

used as a disposal facility is a landfill and is governed by this

subpart

Subpart N.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.401

Design Requirements

The owner or operator of each new landfill unit on which construction

commences after January 29, 1992, each lateral expansion of a landfill unit on

which construction commences after July 29, 1992, and each replacement of an

existing landfill unit that is to commence reuse after July 29, 1992,

shall

must

install two or more liners and a leachate collection and removal system above and

between such liners, and operate the leachate collection and removal systems, in

accordance with 35 Ill. Adm. Code 724.401(c), unless exempted by 35 Ill. Adm.

Code 724.401(d), (e) or (f). “Construction commences” is as defined in 35 Ill.

Adm. Code 720.110 under “existing facility.”

The owner or operator of each unit referred to in subsection (a)

above shall of this

Section must notify the Agency at least sixty days prior to receiving waste. The

owner or operator of each facility submitting notice

shall

must file a Part B

application within six months of the receipt of such notice.

The owner or operator of any replacement landfill unit is exempt from subsection

(a)

above

of this Section if both of the following are true:

The existing unit was constructed in compliance with the design standards

of 35 Ill. Adm. Code 724.401(c), (d),

and (e), as amended in R86-1, at 10

Ill. Reg. 14119, effective August 12, 1986; and

BOARD NOTE: The cited subsections implemented the design standards

of sections 3004(o)(1)(A)(i) and (o)(5) of the Resource Conservation and

Recovery Act (42 U.S.C.

6901 et seq.

6924(o)(1)(A)(i) and (o)(5)).

There is no reason to believe that the liner is not functioning as designed.

The Agency

shall

must not require a double liner as set forth in subsection (a)

above

of this Section for any monofill, if the following conditions are fulfilled:

The monofill contains only hazardous wastes from foundry furnace

emission controls or metal casting molding sand, and such waste does not

contain constituents

which

that render the wastes hazardous for reasons

239

other the toxicity characteristic in 35 Ill. Adm. Code 721.124, with

hazardous waste number D004 through D017; and

Alternative demonstration.

Liner and location requirements.

The monofill has at least one liner for which there is no

evidence that such liner is leaking;

ii)

The monofill is located more than one-quarter mile from an

underground source of drinking water (as that term is

defined in 35 Ill. Adm. Code 702.110); and

iii)

The monofill is in compliance with generally applicable

groundwater monitoring requirements for facilities with

RCRA permits; or

The owner or operator demonstrates to the Board that the monofill

is located, designed,

and operated so as to assure that there will be

no migration of any hazardous constituent into groundwater or

surface water at any future time.

In the case of any unit in which the liner and leachate collection system have been

installed pursuant to the requirements of subsection (a)

above of this Section, and

in good faith compliance with subsection (a)

above

of this Section and with

guidance documents governing liners and leachate collection systems under

subsection (a)

above

of this Section, the Agency shall must not require a liner or

leachate collection system

which that is different from that which was so installed

pursuant to subsection (a)

above of this Section when issuing the first permit to

such facility, except that the Agency is not precluded from requiring installation

of a new liner when the Agency finds that any liner installed pursuant to the

requirements of subsection (a)

above

of this Section is leaking.

The owner or operator

shall

must design, construct, operate, and maintain a run-

on control system capable of preventing flow onto the active portion of the

landfill during peak discharge from at least a 25-year storm.

The owner or operator

shall

must design, construct, operate, and maintain a run-

off management system to collect and control at least the water volume resulting

from a 24 hour, 25-year storm.

Collection and holding facilities (e.g., tanks or basins) associated with run-on and

run-off control systems must be emptied or otherwise managed expeditiously

after storms to maintain design capacity of the system.

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The owner or operator of a landfill containing hazardous waste

which

that is

subject to dispersal by wind shall

must cover or otherwise manage the landfill so

that wind dispersal of the hazardous waste is controlled.

BOARD NOTE: As required by Section 725.113, the waste analysis plan must include analyses

needed to comply with Sections 725.412, 725.413,

and 725.414. As required by Section

725.173, the owner or operator

shall

must place the results of these analyses in the operating

record of the facility.

Refusal to grant an exemption or waiver, or grant with conditions, may be

appealed to the Board.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.402

Action Leakage Rate

The owner or operator of landfill units subject to Section 725.401(a)

shall

must

submit a proposed action leakage rate to the Agency when submitting the notice

required under Section 725.401(b). Within 60 days of receipt of the notification,

the Agency

will: Establish

must establish an action leakage rate, either as

proposed by the owner or operator or modified using the criteria in this section;

Section,

or extend the review period for up to 30 days. If no action is taken by the

Agency before the original 60 or extended 90 day review periods, the action

leakage rate will be approved as proposed by the owner or operator.

The Agency

shall

must approve an action leakage rate for landfill units subject to

Section 725.401(a). The action leakage rate is the maximum design flow rate that

the LDS can remove without the fluid head on the bottom liner exceeding

one

foot. The action leakage rate must include an adequate safety margin to allow for

uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of

drainage material)

; construction, operation, and location of the LDS,; waste and

leachate characteristics, likelihood and amounts of other sources of liquids in the

LDS

; and proposed response actions (e.g., the action leakage rate must consider

decreases in the flow capacity of the system over time resulting from siltation and

clogging, rib layover,

and creep of synthetic components of the system,;

overburden pressures,

; etc.).

To determine if the action leakage rate has been exceeded, the owner or operator

shall

must convert the weekly or monthly flow rate from the monitoring data

obtained under Section 725.404 to an average daily flow rate (gallons per acre per

day) for each sump. The average daily flow rate for each sump must be calculated

weekly during the active life and closure period, and monthly during the post-

closure care period unless the Agency approves a different period under Section

725.404(b).

Final Agency determinations pursuant to this Section are deemed to be permit

241

denials for purposes of appeal to the Board pursuant to Section 40 of the

Environmental Protection Act [415 ILCS 5/40]

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.403

Response Actions

The owner or operator of landfill units subject to Section 725.401(a)

shall

must

submit a response action plan to the Agency when submitting the proposed action

leakage rate under Section 725.402. The response action plan must set forth the

actions to be taken if the action leakage rate has been exceeded. At a minimum,

the response action plan must describe the actions specified in subsection (b)

below

of this Section.

If the flow rate into the LDS exceeds the action leakage rate for any sump, the

owner or operator

shall

must do each of the following:

Notify the Agency in writing of the exceedence within

seven days of the

determination;

Submit a preliminary written assessment to the Agency within 14 days of

the determination, as to the amount of liquids

,; likely sources of liquids,;

possible location, size,

and cause of any leaks,; and short-term actions

taken and planned;

Determine to the extent practicable the location, size,

and cause of any

leak;

Determine whether waste receipt should cease or be curtailed

; whether

any waste should be removed from the unit for inspection, repairs ,

controls

; and whether or not the unit should be closed;

Determine any other short-term and longer-term actions to be taken to

mitigate or stop any leaks; and

Within 30 days after the notification that the action leakage rate has been

exceeded, submit to the Agency the results of the determinations specified

in subsections (b)(3)

, (4) and

through (b)(5) above of this Section, the

results of actions taken, and actions planned. Monthly thereafter, as long

as the flow rate in the LDS exceeds the action leakage rate, the owner or

operator

shall

must submit to the Agency a report summarizing the results

of any remedial actions taken and actions planned.

To make the leak or remediation determinations in subsections (b)(3)

, (4) and

through

(b)(5) above of this Section, the owner or operator shall must do either of

the following:

242

Perform the following assessments:

Assess the source of liquids and amounts of liquids by source;

Conduct a fingerprint, hazardous constituent or other analyses of

the liquids in the LDS to identify the source of liquids and possible

location of any leaks, and the hazard and mobility of the liquid;

and

Assess the seriousness of any leaks in terms of potential for

escaping into the environment; or

Document why such assessments are not needed.

Final Agency determinations pursuant to this Section are deemed to be permit

denials for purposes of appeal to the Board pursuant to Section 40 of the

Environmental Protection Act [415 ILCS 5/40]

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

An owner or operator required to have an LDS under Section 725.401(a)

shall

must

record the amount of liquids removed from each LDS sump at least once

each week during the active life and closure period.

After the final cover is installed, the amount of liquids removed from each LDS

sump must be recorded at least monthly. If the liquid level in the sump stays

below the pump operating level for two consecutive months, the amount of

liquids in the sumps must be recorded at least quarterly. If the liquid level in the

sump stays below the pump operating level for two consecutive quarters, the

amount of liquids in the sumps must be recorded at least semi-annually. If at any

time during the post-closure care period the pump operating level is exceeded at

units on quarterly or semi-annual recording schedules, the owner or operator

shall

must

return to monthly recording of amounts of liquids removed from each sump

until the liquid level again stays below the pump operating level for two

consecutive months.

“Pump operating level” is a liquid level proposed by the owner or operator and

approved by the Agency based on pump activation level, sump dimensions and

level that avoids backup into the drainage layer and minimizes head in the sump.

The timing for submission and approval of the proposed “pump operating level”

will be in accordance with Section 725.402(a).

Final Agency determinations pursuant to this Section are deemed to be permit

243

denials for purposes of appeal to the Board pursuant to Section 40 of the

Environmental Protection Act [415 ILCS 5/40]

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.410

Closure and

Post

-closure Post-Closure Care

At final closure of the landfill or upon closure of any cell, the owner or operator

shall

must cover the landfill or cell with a final cover designed and constructed to

accomplish the following

Provide

It must provide long-term minimization of migration of liquids

through the closed landfill;

Function

It must function with minimum maintenance;

Promote

It must promote drainage and minimize erosion or abrasion of the

cover;

Accommodate

It must accommodate settling and subsidence so that the

cover’s integrity is maintained; and

Have

It must have a permeability less than or equal to the permeability of

any bottom liner system or natural subsoils present.

After final closure, the owner or operator

shall

must comply with all post-closure

requirements contained in Section 725.217 through 725.220 including

maintenance and monitoring throughout the post-closure care period. The owner

or operator

shall

must do the following:

Maintain

It must maintain the integrity and effectiveness of the final

cover, including making repairs to the cover as necessary to correct the

effects of settling, subsidence, erosion,

or other events;

Maintain

It must maintain and monitor the LDS in accordance with 35 Ill.

Adm. Code 724.401(c)(3)(D) and (c)(4) and Section 725.404(b), and

comply with all other applicable LDS requirements of this Part;

Maintain

It must maintain and monitor the groundwater monitoring

system and comply with all other applicable requirements of Subpart F of

this Part;

Prevent

It must prevent run-on and run-off from eroding or otherwise

damaging the final cover; and

Protect

It must protect and maintain surveyed benchmarks used in

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complying with Section 725.409.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.412

Special Requirements for Ignitable or Reactive

aste Wastes

Except as provided in subsection (b) of this Section

and in Section 725.416,

ignitable or reactive waste must not be placed in a landfill, unless the waste and

landfill meets all applicable requirements of 35 Ill. Adm. Code 728, and the waste

is treated, rendered or mixed before or immediately after placement in a landfill

so that both of the following conditions are fulfilled

The resulting waste, mixture,

or dissolution of material no longer meets

the definition of ignitable or reactive waste under 35 Ill. Adm. Code

721.121 or 721.123; and

Section 725.117(b) is complied with.

Except for prohibited wastes

which

that remain subject to treatment standards in

Subpart D of

35 Ill. Adm. Code 728.Subpart D, ignitable waste in containers may

be landfilled without meeting the requirements of subsection (a) of this Section

provided that the wastes are disposed of in such a way that they are protected

from any material or conditions

which

that may cause them to ignite. At a

minimum, ignitable wastes must be disposed of in non-leaking containers

which

that

are carefully handled and placed so as to avoid heat, sparks, rupture, or any

other condition that might cause ignition of the wastes; must be covered daily

with soil or other non-combustible material to minimize the potential for ignition

of the wastes; and must not be disposed in cells that contain or will contain other

wastes

which

that may generate heat sufficient to cause ignition of the waste.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.413

Special Requirements for Incompatible Wastes

Incompatible wastes or incompatible wastes and materials (see Appendix V of 40 CFR 265,

incorporated by reference in 35 Ill. Adm. Code 720.111(b), for examples) must not be placed in

the same landfill cell, unless

§ Section 725.117(b) is complied with.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.414

Special Requirements for Liquid Wastes

This subsection (a)

corresponds with 40 CFR 265.314(a), which pertains to the

placement of bulk or non-containerized liquid waste or waste containing free

liquids in a landfill prior to May 8, 1985. This statement maintains structural

consistency with USEPA rules.

245

The placement of bulk or non-containerized liquid hazardous waste or hazardous

waste containing free liquids (whether or not sorbents have been added) in any

landfill is prohibited.

Containers holding free liquids must not be placed in a landfill unless one of the

following conditions is fulfilled:

All One of the following occurs with regard to all free-standing liquid:

has been removed by decanting or other methods;

It has been mixed with sorbent or solidified so that free-standing

liquid is no longer observed; or

has been otherwise eliminated; or

The container is very small, such as an ampule;

The container is designed to hold free liquids for use other than storage,

such as a battery or capacitor; or

The container is a lab pack,

as defined in Section 724.416 and is disposed

of in accordance with Section 724.416.

To demonstrate the absence or presence of free liquids in either a containerized or

a bulk waste, the following test must be used: Method 9095 (Paint Filter Liquids

Test), as described in “Test Methods for Evaluating Solid Wastes,

Physical/Chemical Methods,”

, USEPA Publication No. SW-846, incorporated by

reference in 35 Ill. Adm. Code 720.111(a)

The placement of any liquid that is not a hazardous waste in a landfill is

prohibited (35 Ill. Adm. Code 729.311).

Sorbents used to treat free liquids to be disposed of in landfills must be

nonbiodegradable. Nonbiodegradable sorbents are one of the following

materials listed or described in subsection (f)(1) of this Section; materials that

pass one of the tests in subsection (f)(2) of this Section; or materials that are

determined by the Board to be nonbiodegradable through the adjusted standard

procedure of Section 28.1 of the Act [415 ILCS 5/28.1] and Subpart D of 35 Ill.

Adm. Code

106 adjusted standard process 104.

Nonbiodegradable sorbents are the following

Inorganic minerals, other inorganic materials, and elemental

carbon (e.g., aluminosilicates, clays, smectites, Fuller’s earth,

246

bentonite, calcium bentonite, montmorillonite, calcined

montmorillonite, kaolinite, micas (illite), vermiculites, zeolites

calcium carbonate (organic free limestone)

;, oxides/hydroxides,

alumina, lime, silica (sand), diatomaceous earth

;, perlite (volcanic

glass)

;, expanded volcanic rock;, volcanic ash;, cement kiln dust;,

fly ash

;, rice hull ash;, activated charcoal/activated carbon); or

High molecular weight synthetic polymers (e.g., polyethylene,

high density polyethylene (HDPE), polypropylene, polystyrene,

polyurethane, polyacrylate, polynorborene, polyisobutylene,

ground synthetic rubber, cross-linked allylstyrene,

and tertiary

butyl copolymers). This does not include polymers derived from

biological material or polymers specifically designed to be

degradable; or

Mixtures of these nonbiodegradable materials.

Tests for nonbiodegradable sorbents.

The sorbent material is determined to be nonbiodegradable under

ASTM Method G21-70 (1984a)--”Standard Practice for

Determining Resistance of Synthetic Polymer Materials to Fungi,”

incorporated by reference in 35 Ill. Adm. Code 720.111(a)

;

The sorbent material is determined to be nonbiodegradable under

ASTM Method G22-76 (1984b)--”Standard Practice for

Determining Resistance of Plastics to Bacteria,”

, incorporated by

reference in 35 Ill. Adm. Code 720.111(a)

; or

The sorbent material is determined to be non-biodegradable under

OECD test 301B (CO

Evolution (Modified Sturm Test)),

incorporated by reference in 35 Ill. Adm. Code 720.111(a)

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.415

Special Requirements for Containers

Unless they are very small, such as an ampule, containers must be in

either of the following

conditions:

They must be at least 90 percent full when placed in the landfill; or

Crushed,

They must be crushed, shredded, or similarly reduced in volume to the

maximum practical extent before burial in the landfill.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

247

Section 725.416

Disposal of Small Containers of Hazardous Waste in Overpacked Drums

(Lab Packs)

Small containers of hazardous waste in overpacked drums (lab packs) may be placed in a landfill

if the following requirements are met:

Hazardous waste must be packaged in non-leaking inside containers. The inside

containers must be of a design and constructed of a material that will not react

dangerously with, be decomposed by, or be ignited by the waste held therein.

Inside containers must be tightly and securely sealed. The inside containers must

be of the size and type specified in the

Department of Transportation (

USDOT)

hazardous materials regulations,

(49 CFR 173, 178, and 179), incorporated by

reference in 35 Ill. Adm. Code 720.111(b),

if those regulations specify a

particular inside container for the waste.

The inside containers must be overpacked in an open head USDOT-specification

metal shipping container,

(49 CFR 178 and 179), incorporated by reference in 35

Ill. Adm. Code 720.111(b), of no more than 416 liter (110 gallon) capacity and

surrounded by, at a minimum, a sufficient quantity of sorbent material,

determined to be nonbiodegradable in accordance with 35 Ill. Adm. Code

725.414(f) to completely sorb all of the liquid contents of the inside containers.

The metal outer container must be full after packing with inside containers and

sorbent material.

The sorbent material used must not be capable of reacting dangerously with,

being decomposed by, or being ignited by the contents of the inside containers, in

accordance with Section 725.117(b).

Incompatible wastes, as defined in 35 Ill. Adm. Code 720.110, must not be placed

in the same outside container.

Reactive waste, other than cyanide- or sulfide-bearing waste,

as defined in 35 Ill.

Adm. Code 721.123(a)(5), must be treated or rendered non-reactive prior to

packaging in accordance with subsections (a) through (d) of this Section.

Cyanide- or sulfide-bearing reactive waste may be packaged in accordance with

subsections (a) through (d) of this Section without first being treated or rendered

non-reactive.

Such disposal is in compliance with the requirements of 35 Ill. Adm. Code 728.

Persons

who

that incinerate lab packs according to the requirements of 35 Ill.

Adm. Code 728.142(c)(1) may use fiber drums in place of metal outer containers.

Such fiber drums must meet the USDOT

specifications in 49 CFR 171.12 173.12

and be overpacked according to subsection (b), above of this Section.

Pursuant to 35 Ill. Adm. Code 729.312, the use of labpacks for disposal of liquid

248

wastes or wastes containing free liquids allowed under this Section is restricted to

labwaste and non-periodic waste, as those terms are defined in that Part.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

SUBPART O: INCINERATORS

Section 725.440

Applicability

The regulations in this Subpart O of this Part

apply to owners or operators of

hazardous waste incinerators (as defined in 35 Ill. Adm. Code 720.110), except as

35 Ill. Adm. Code 724.101 provides otherwise.

Integration of the MACT standards.

Except as provided by subsections (b)(2) and (b)(3) of this Section, the

standards of this Part no longer apply when an owner or operator

demonstrates compliance with the maximum achievable control

technology (MACT) requirements of Subpart EEE of

40 CFR 63, Subpart

EEE, incorporated by reference in 35 Ill. Adm. Code 720.111(b), by

conducting a comprehensive performance test and submitting to the

Agency a Notification of Compliance, under 40 CFR 63.1207(j) and

63.1210(b), documenting compliance with the requirements of Subpart

EEE of 40 CFR 63, Subpart EEE.

The MACT standards of Subpart EEE of

40 CFR 63, Subpart EEE do not

replace the closure requirements of Section 724.451 or the applicable

requirements of Subparts A through H, BB, and CC of this Part.

Section 725.445, generally prohibiting burning of hazardous waste during

startup and shutdown, remains in effect if the owner or operator elects to

comply with 35 Ill. Adm. Code 703.320(b)(1)(A) to minimize emissions

of toxic compounds from startup and shutdown.

BOARD NOTE:

Operating conditions used to determine effective treatment of

hazardous waste remain effective after the owner or operator demonstrates

compliance with the standards of Subpart EEE of

40 CFR 63, subpart EEE.

Sections 9.1 and 39.5 of the Environmental Protection Act [415 ILCS 5/9.1 and

39.5] make the federal MACT standards directly applicable to entities in Illinois

and authorize the Agency to issue permits based on the federal standards.

An owner or operator of an incinerator that burns hazardous waste is exempt from

all of the requirements of this Subpart O, except Section 725.451 (Closure),

provided that the owner or operator has documented, in writing, that the waste

would not reasonably be expected to contain any of the hazardous constituents

listed in Appendix H to 35 Ill. Adm. Code 721 and such documentation is

249

retained at the facility, if the waste to be burned is one of the following:

It is listed as a hazardous waste in Subpart D of 35 Ill. Adm. Code 721,

solely because it is ignitable (Hazard Code I), corrosive (Hazard Code C),

or both;

It is listed as a hazardous waste in Subpart D of 35 Ill. Adm. Code 721,

solely because it is reactive (Hazard Code R) for characteristics other than

those listed in 35 Ill. Adm. Code 721.123(a)(4) and (a)(5), and will not be

burned when other hazardous wastes are present in the combustion zone;

It is a hazardous waste solely because it possesses the characteristic of

ignitability, corrosivity, or both, as determined by the tests for

characteristics of hazardous wastes under Subpart C of 35 Ill. Adm. Code

721; or

It is a hazardous waste solely because it possesses the reactivity

characteristics described by 35 Ill. Adm. Code 721.123 (a)(1), (a)(2),

(a)(3), (a)(6), (a)(7),

or (a)(8) and will not be burned when other

hazardous wastes are present in the combustion zone.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.441

Waste Analysis

In addition to the waste analyses required by

Section 725.113, the owner or operator must

sufficiently analyze any waste

which

that he has not previously burned in his incinerator to

enable him to establish steady state (normal) operating conditions (including waste and auxiliary

fuel feed and air flow) and to determine the type of pollutants

which

that might be emitted. At a

minimum, the analysis must determine the following

Heating value of the waste;

Halogen content and sulfur content in the waste; and

Concentrations in the waste of lead and mercury, unless the owner or operator has

written, documented data that show that the element is not present.

Comment:

BOARD NOTE: As required by § Section 725.173, the owner or operator must

place the results from each waste analysis or the documented information in the operating record

of the facility.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

250

Section 725.445

General Operating Requirements

During startup and shutdown of an incinerator, the owner or operator must not feed hazardous

waste unless the incinerator is at steady state (normal) conditions of operation, including steady

state operating temperature and

air flow

airflow.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

The owner or operator must conduct, as a minimum, the following monitoring and inspections

when incinerating hazardous waste:

Existing instruments

which

that relate to combustion and emission control must

be monitored at least every 15 minutes. Appropriate corrections to maintain

steady state combustion conditions must be made immediately either

automatically or by the operator. Instruments

which

that relate to combustion and

emission control would normally include those measuring waste feed, auxiliary

fuel feed, air flow, incinerator temperature, scrubber flow, scrubber pH,

and

relevant level controls.

The complete incinerator and associated equipment (pumps, valves, conveyors,

pipes, etc.) must be inspected at least daily for leaks, spills,

and fugitive emissions

and all emergency shutdown controls and system alarms must be checked to

assure proper operation.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.451

Closure

At closure, the owner or operator must remove all hazardous waste and hazardous waste residues

(including but not limited to ash, scrubber waters,

and scrubber sludges) from the incinerator.

Comment:

BOARD NOTE: At closure, as throughout the operating period, unless the owner or

operator can demonstrate, in accordance with

Section 721.103(d), that the residue removed

from his incinerator is not a hazardous waste, the owner or operator becomes a generator of

hazardous waste and must manage it in accordance with all applicable requirements of

Parts

Ill. Adm. Code 722-725 and 40 CFR Part 266 through 726 and 728.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.452

Interim Status Incinerators Burning Particular Hazardous Wastes

Owners or operators

An owner or operator of incinerators an incinerator subject

to this Subpart O

may burn hazardous wastes numbers F020, F021, F022, F023,

F026,

or F027 if they receive it receives a certification from the Agency that they

251

can meet the performance standards to Subpart O of

35 Ill. Adm. Code

724.Subpart

O when they burn it burns these wastes.

The following standards and procedures will be used in determining whether to

certify an incinerator:

The owner or operator

shall

must submit an application to the Agency

containing applicable information in 35 Ill. Adm. Code 703.125, 703.222,

703.223, 703.224,

and 703.225 demonstrating that the incinerator can

meet the performance standards in Subpart O of

35 Ill. Adm. Code

724.Subpart

when they burn these wastes.

The Agency shall

must issue a tentative decision as to whether the

incinerator can meet the performance standards in Subpart O of

35 Ill.

Adm. Code 724.Subpart

O. Notification of this tentative decision will be

provided by newspaper advertisement and radio broadcast in the county

where the incinerator is located. The Agency

shall

must accept comment

on the tentative decision for 60 days. The Agency also may hold a public

hearing upon request or at its discretion.

After the close of the public comment period, the Agency

shall

must issue

a decision whether or not to certify the incinerator.

Any person

who

that participated may appeal the Agency’s decision to the

Board, pursuant to 35 Ill. Adm. Code 705.212.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

SUBPART P: THERMAL TREATMENT

Section 725.470

Other Thermal Treatment

The regulations in this Subpart P

apply to owners and operators of facilities that thermally treat

hazardous waste in devices other than enclosed devices using controlled flame combustion

except, as Section 725.101 provides otherwise. Thermal treatment in enclosed devices using

controlled flame combustion is subject to the requirements of Subpart O of this Part

if the unit is

an incinerator, and Subpart H of

35 Ill. Adm. Code 726.Subpart H, if the unit is a boiler of or

industrial furnace, as defined in 35 Ill. Adm. Code 720.110.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.473

General Operating Requirements

Before adding hazardous waste, the owner or operator must bring his thermal treatment process

to steady state (normal) conditions of operation--

,including steady state operating temperature-

using auxiliary fuel or other means, unless the process is a

noncontinuous

non-continuous

252

(batch) thermal treatment process

which

that requires a complete thermal cycle to treat a discrete

quantity of hazardous waste.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.475

Waste Analysis

In addition to the waste analyses required by Section 725.113, the owner or operator must

sufficiently analyze any waste

which

that he has not previously treated in his thermal process to

enable him to establish steady state (normal) or other appropriate (for a noncontinuous process)

operating conditions (including waste and auxiliary fuel feed) and to determine the type of

pollutants

which

that might be emitted. At minimum, the analysis must determine the following:

Heating value of the waste;

Halogen content and sulfur content in the waste; and

Concentrations in the waste of lead and mercury, unless the owner or operator has

written, documented data that show that the element is not present.

Comment:

BOARD NOTE: As required by § Section 725.173, the owner or operator must

place the results from each waste analysis or the documented information in the operating record

of the facility.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.477

Monitoring and Inspections

The owner or operator

shall

must conduct, as a minimum, the following monitoring and

inspections when thermally treating hazardous waste:

Existing instruments that relate to temperature and emission control (if an

emission control device is present) must be monitored at least every 15 minutes.

Appropriate corrections to maintain steady state or other appropriate thermal

treatment conditions must be made immediately either automatically or by the

operator. Instruments that relate to temperature and emission control would

normally include those measuring waste feed, auxiliary fuel feed, treatment

process temperature,

and relevant process flow and level controls.

The stack plume (emissions), where present, must be observed visually at least

hourly for normal appearance (color and opacity). The operator must

immediately make any indicated operating corrections necessary to return any

visible emissions to their normal appearance.

The complete thermal treatment process and associated equipment (pumps,

valves, conveyors, pipes, etc.) must be inspected at least daily for leaks, spills,

253

and fugitive emissions, and all emergency shutdown controls and system alarms

must be checked to assure proper operation.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.481

Closure

At closure, the owner or operator must remove all hazardous waste and hazardous waste residues

(including, but not limited to, ash) from the thermal treatment process or equipment.

Comment:

BOARD NOTE: At closure, as throughout the operating period, unless the owner or

operator can demonstrate, in accordance with

§ 721.103 (c) or (d) Section 721.103(c) or (d) that

any solid waste removed from his thermal treatment process or equipment is not a hazardous

waste, the owner or operator becomes a generator of hazardous waste and must manage it in

accordance with all applicable requirements of Parts 722, 723,

and 725.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.482

Open Burning; Waste Explosives

Open burning of hazardous waste is prohibited except for the open burning and detonation of

waste explosives. Waste explosives include waste

which

that has the potential to detonate and

bulk military propellants

which that cannot safely be disposed of through other modes of

treatment. Detonation is an explosion in which chemical transformation passes through the

material faster than the speed of sound (0.33 kilometers/second at sea level). Owners or

operators choosing to open burn or detonate waste explosives must do so in accordance with the

following table and in a manner that does not threaten human health or the environment.

or Propellants

Burning or Detonation To

0 to 100

Pounds of Waste Explosives

Minimum Distance From Open

the Property of Others

204 meters (670 feet)

101 to 1,000

380 meters (1,250 feet)

1,001

to 10,000

530 meters (1,730 feet)

10,001 to 30,000

690 meters (2,260

feet)

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.483

Interim Status Thermal Treatment Devices Burning Particular Hazardous

Waste

Wastes

Owners or operators An owner or operator of a thermal treatment devices device

subject to this Subpart P may burn hazardous waste numbers F020, F021, F022,

F023, F026,

or F027 if they receive it receives a certification from the Agency

that

they it can meet the performance standards of Subpart O of 35 Ill. Adm. Code

724.Subpart

O when they burn it burns these wastes.

254

The following standards and procedures

will

must be used in determining whether

to certify a thermal treatment unit:

The owner or operator

shall

must submit an application to the Agency

containing the applicable information in 35 Ill. Adm. Code 703.125,

703.222, 703.223, 703.224,

and 703.225 demonstrating that the thermal

treatment unit can meet the performance standard in Subpart O of

35 Ill.

Adm. Code 724.Subpart

when they burn it burns these wastes.

The Agency

shall

must issue a tentative decision as to whether the thermal

treatment unit can meet the performance standards in Subpart O of

35 Ill.

Adm. Code 724.Subpart

. Notification of this tentative decision must be

provided by newspaper advertisement and radio broadcast in the county

where the thermal treatment device is located. The Agency

shall

must

accept comment on the tentative decision for 60 days. The Agency also

may hold a public hearing upon request or at its discretion.

After the close of the public comment period, the Agency

shall must issue

a decision whether or not to certify the thermal treatment unit.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

SUBPART Q: CHEMICAL, PHYSICAL,

AND BIOLOGICAL TREATMENT

Section 725.500

Applicability

The regulations in this

subpart

Subpart Q apply to owners and operators of facilities which that

treat hazardous waste by chemical, physical,

or biological methods in other than tanks, surface

impoundments,

and land treatment facilities, except as § Section 725.101 provides otherwise.

Chemical, physical,

and biological treatment of hazardous waste in tanks, surface impoundments

and land treatment facilities must be conducted in accordance with Subparts J, K,

and M of this

Part, respectively.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.501

General Operating Requirements

Chemical, physical,

or biological treatment of hazardous waste must comply with

Section 725.117(b).

Hazardous waste or treatment reagents must not be placed in the treatment

process or equipment if they could cause the treatment process or equipment to

rupture, leak, corrode, or otherwise fail before the end of its intended life.

Where hazardous waste is continuously fed into a treatment process or equipment,

255

the process or equipment must be equipped with a means to stop this inflow (e.g.,

a waste feed cutoff system or bypass system to a standby containment device).

BOARD NOTE: These systems are intended to be used in the event of a malfunction in the

treatment process or equipment.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.502

Waste Analysis and Trial Tests

In addition to the waste analysis required by Section 725.113

, subsection

(b)

above

of this Section applies whenever either of the following conditions exist:

A hazardous waste that is substantially different from waste previously

treated in a treatment process or equipment at the facility is to be treated in

that process or equipment, or

A substantially different process from any previously used at the facility is

to be used to chemically treat hazardous waste.

To show that this proposed treatment will meet all applicable requirements of

Section 725.501(a) and (b), the owner or operator must, before treating the

different waste or using the different process or equipment:

Conduct waste analyses and trial treatment tests (e.g., bench scale or pilot

plant scale tests), or

Obtain written, documented information on similar treatment of similar

waste under similar operating conditions.

BOARD NOTE: As required by Section 725.113, the waste analysis plan

must include analyses needed to comply with Sections 725.505 and

725.506. As required by Section 725.173, the owner or operator

shall

must

place the results from each waste analysis and trial test, or the

documented information, in the operating record of the facility.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.503

Inspections

The owner operator of a treatment facility

shall

must inspect the following, where present:

Discharge control and safety equipment (e.g., waste feed cutoff systems, bypass

systems, drainage systems, and pressure relief systems) at least once each

operating day to ensure that it is in good working order;

256

Data gathered from monitoring equipment (e.g., pressure and temperature gauges)

at least once each operating day to ensure that the treatment process or equipment

is being operated according to its design;

The construction materials of the treatment process or equipment at least weekly

to detect corrosion or leaking of fixtures or seams; and

The construction materials of, and the area immediately surrounding, discharge

confinement structures (e.g., dikes) at least weekly to detect erosion or obvious

signs of leakage (e.g., wet spots or dead vegetation).

BOARD NOTE: As required by Section 725.115(c), the owner or operator must

remedy any deterioration or malfunction it finds.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.505

Special Requirements for Ignitable or Reactive

Waste

Wastes

Ignitable or reactive waste must not be placed in a treatment process or equipment unless either

of the following conditions exists

The waste is treated, rendered,

or mixed before or immediately after placement in

the treatment process or equipment so that both of the following conditions are

fulfilled:

The resulting waste, mixture,

or dissolution of material no longer meets

the definition of ignitable or reactive waste under Section 721.121 or

721.123, and

Section 725.117(b) is complied with; or

The waste is treated in such a way that it is protected from any material or

conditions that may cause the waste to ignite or react.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.506

Special Requirements for Incompatible Wastes

An owner or operator

shall

must not place incompatible wastes or incompatible

wastes and materials (see

Section 725.Appendix E to this Part for examples) in

the same treatment process or equipment unless it complies with Section

725.117(b).

An owner or operator

shall

must not place hazardous waste in unwashed

treatment equipment that previously held an incompatible waste or material,

unless it complies with Section 725.117(b).

257

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

SUBPART R: UNDERGROUND INJECTION

Section 725.530

Applicability

Except as Section 725.101 provides otherwise, the following apply

the

The owner or operator of a facility which that disposes of hazardous waste by

underground injection is excluded from the requirements of

The requirements of this Subpart R apply to owners and operators of wells

that are

used to dispose of hazardous waste which are classified as Class I under

35 Ill. Adm. Code 704.106(a) and which are classified as Class IV under 35 Ill.

Adm. Code 704.106(d).

(Comment: In addition to the requirements of Subpart A through E of this Part,

the owner or operator of a facility which disposes of hazardous waste by

underground injection ultimately must comply with the requirements of Sections

725.531-725.537. These Sections are reserved at this time. The USEPA intends

to submit proposed regulations at a later date that would establish those

requirements.)

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

SUBPART W: DRIP PADS

Section 725.540

Applicability

The requirements of this Subpart W

apply to owners and operators of facilities

that use new or existing drip pads to convey treated wood drippage, precipitation

or surface water run-on to an associated collection system.

“Existing

An “existing drip pads pad” are is one that fulfills the following

conditions:

Those

It was constructed before December 6, 1990; and or

Those

It was one for which the owner or operator has had a design

and

has

had entered into binding financial or other agreements for

construction prior to December 6, 1990.

All other drip pads are “new drip pads.”

258

The requirements of Section 725.543(b)(3) to install a leak collection

system applies only to those drip pads that are constructed after December

24, 1992,

except for those constructed after December 24, 1992 for which

the owner or operator has a design and has entered into binding financial

or other agreements for construction prior to December 24, 1992.

The owner or operator of any drip pad that is inside or under a structure that

provides protection from precipitation so that neither run-off nor run-on is

generated is not subject to regulation under Section 724.672(e) or (f).

The requirements of this subsection are not applicable to the management of

infrequent and incidental drippage in storage yards provided that the owner or

operator maintains and complies with a written contingency plan that describes

how the owner or operator will respond immediately to the discharge of

infrequent and incidental drippage. At a minimum, the contingency plan must

desribe

describe how the owner or operator will do the following:

Clean up the drippage;

Document the clean-up of the drippage;

Retain

documentaion

documentation regarding the clean-up for three

years; and

Manage the contaminated media in a manner consistent with State and

Federal

federal regulations.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.541

Assessment of

existing drip pad integrity

Existing Drip Pad Integrity

For each existing drip pad, the owner or operator

shall

must evaluate the drip pad

and determine that it meets all of the requirements of this Subpart W

, except the

requirements for liners and leak detection systems of Section 725.543(b). No

later than June 6, 1991, the owner or operator

shall

must obtain and keep on file at

the facility a written assessment of the drip pad, reviewed and certified by an

independent, qualified registered professional engineer that attests to the results of

the evaluation. The assessment must be reviewed, updated,

and re-certified

annually until all upgrades, repairs,

or modifications necessary to achieve

compliance with all of the standards of Section 725.543 are complete. The

evaluation must document the extent to which the drip pad meets each of the

design and operating standards of Section 725.543, except the standards for liners

and leak detection systems

specified in Section 725.543(b).

The owner or operator shall

must develop a written plan for upgrading, repairing

and modifying the drip pad to meet the requirements of Section 725.543(b) and

259

submit the plan to the Agency no later than

two years before the date that all

repairs, upgrades,

and modifications will be complete. This written plan must

describe all changes to be made to the drip pad in sufficient detail to document

compliance with all the requirements of Section 725.543. The plan must be

reviewed and certified by an independent qualified, registered professional

engineer. All upgrades, repairs,

and modifications must be completed in

accordance with the following:

For existing drip pads of known and documentable age, all upgrades,

repairs,

and modifications must be completed by June 6, 1993, or when

the drip pad has reached 15 years of age, whichever comes later.

For existing drip pads for which the age cannot be documented, by June 6,

1999; but, if the age of the facility is greater than

seven years, all

upgrades, repairs and modifications must be completed by the time the

facility reaches 15 years of age or by June 6, 1993, whichever comes later.

The owner or operator may petition the Board for an extension of the

deadline in subsection (b)(1) or (b)(2)

, above of this Section.

The owner or operator

shall

must file a petition for a RCRA

variance,

as specified in Subpart B of 35 Ill. Adm. Code 104.

The Board will grant the petition for extension if it finds

that

the

following:

The drip pad meets all of the requirements of Section

725.543, except those for liners and leak detection systems

specified in Section 725.543(b); and

ii)

That it will continue to be protective of human health and

the environment.

Upon completion of all repairs and modifications, the owner or operator

shall

must

submit to the Agency, the as-built drawings for the drip pad, together with a

certification by an independent, qualified, registered professional engineer

attesting that the drip pad conforms to the drawings.

If the drip pad is found to be leaking or unfit for use, the owner or operator

shall

must

comply with the provisions of Section 725.543(m) or close the drip pad in

accordance with Section 725.545.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Installation of new drip pads New Drip Pads

Owners and operators of new drip pads

shall

must ensure that the pads are designed, installed

and operated in accordance with one of the following:

All of the requirements of Sections 725.543 (except 725.543(a)(4)), 725.544,

and

725.545; or

All of the requirements of Section 725.543 (except 725.543(b)), 725.544,

and

725.545.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.543

Design and

operating requirements

Operating Requirements

Drip pads must fulfill the following requirements

Not be constructed of earthen materials, wood,

or asphalt, unless the

asphalt is structurally supported;

Be sloped to free-drain to the associated collection system treated wood

drippage, rain, other waters, or solutions of drippage and water or other

wastes;

Have a curb or berm around the perimeter;

In addition, the drip pad must fulfill the following requirements

Have a

hydralic

hydraulic conductivity of less than or equal to 1 X

-7

centimeters per second, e.g., existing concrete drip

pads must be sealed, coated, or covered with a surface material

with a hydraulic conductivity of less than or equal to 1 X 10

-7

centimeters per second such that the entire surface where

drippage occurs or may run across is capable of containing such

drippage and mixtures of drippage and precipitation, materials,

other wastes while being routed to an associated collection system.

This surface material must be maintained free of cracks and gaps

that could adversely affect its hydraulic conductivity, and the

material must be chemically compatible with the preservatives that

contact the drip pad. The requirements of this provision apply

only to the existing drip pads and those drip pads for which the

owner or operator elects to comply with Section 725.542(a) instead

of Section 725.542(b).

The owner or operator must obtain and keep on file at the facility a

written assessment of the drip pad, reviewed and

certififed

261

certified by an independant independent qualified registered

professional engineer that attests to the results of the evaluation.

The assessment must be reviewed, updated,

and recertififed

recertified annually. The evaluation must document the extent to

which the drip pad meets the design and operating standards of this

Section, except for in subsection (b)

below

of this Section.

Be of sufficient structural strength and thickness to prevent failure due to

physical contact, climatic conditions, the stress of installation,

and the

stress of daily operations, e.g., variable and moving loads such as vehicle

traffic, movement of wood, etc.

BOARD NOTE: In judging the structural integrity requirement of this subsection

(a)

, the Agency should generally consider applicable standards established by

professional organizations generally recognized by the industry, including ACI

318 or ASTM C94, incorporated by reference in 35 Ill. Adm. Code 720.111(a)

If an owner or operator elects to comply with

subsection

Section 725.542(b)

instead of subsection

Section 725.542(a), the drip pad must have the following

features:

A synthetic liner installed below the drip pad that is designed, constructed,

and installed to prevent leakage from the drip pad into the adjacent

subsurface soil or groundwater or surface water at any time during the

active life (including the closure period) of the drip pad. The liner must

be constructed of materials that will prevent waste from being absorbed

into the liner and to prevent releases into the adjacent subsurface soil or

groundwater or surface water during the active life of the facility. The

liner must be constructed as follows

Constructed of materials that have appropriate chemical properties

and sufficient strength and thickness to prevent failure due to

pressure gradients (including static head and external

hydrogeologic forces), physical contact with the waste or drip pad

leakage to which they are exposed, climatic conditions, the stress

of installation,

and the stress of daily operation (including stresses

from vehicular traffic on the drip pad);

Placed upon a foundation or base capable of providing support to

the liner and resistance to pressure gradients above and below the

liner to prevent failure of the liner due to settlement, compression,

or uplift; and

Installed to cover all surrounding earth that could come in contact

with the waste or leakage; and

262

A leakage detection system immediately above the liner that is designed,

constructed, maintained,

and operated to detect leakage from the drip pad.

The leakage detection system must be constructed as follows

Constructed of materials that

are

fulfill the following requirements:

Chemically

They are chemically resistant to the waste

managed in the drip pad and the leakage that might be

generated; and

ii)

They are of sufficient strength and thickness to prevent

collapse under the pressures exerted by overlaying

materials and by any equipment used at the drip pad; and

Designed and operated to function without clogging through the

scheduled closure of the drip pad; and

Designed so that it will detect the failure of the drip pad or the

presence of a release of hazardous waste or accumulated liquid at

the earliest practicable time.

A leakage collection system immediately above the liner that is designed,

constructed, maintained,

and operated to collect leakage from the drip pad

such that it can be removed from below the drip pad. The date, time, and

quanity

quantity of any leakage collected in this system and removed must

be documented in the operating log.

The drip pad surface must be cleaned thoroughly in a manner and

frequency such that accumulated residues of hazardous waste or

other materials are removed, with residues being properly managed

as to allow weekly inspections of the entire drip pad surface

without interference or hindrance from accumulated residues of

hazardous waste or other materials on the drip pad. The owner or

operator must document the date and time of each cleaning and

cleaning procedure used in the facility’s operating log.

The Federal rules do not contain a 40 CFR 265.443(b)(3)(ii). This

subsection is added to conform to Illinois Administrative Code

requirements.

Drip pads must be maintained such that they remain free of cracks, gaps,

corrosion,

or other deterioration that could cause hazardous waste to be released

from the drip pad.

BOARD NOTE: See subsection (m)

below

of this Section for remedial action

required if deterioration or leakage is detected.

263

The drip pad and associated collection system must be designed and operated to

convey, drain and collect liquid resulting from drippage or precipitation in order

to prevent run-off.

Unless the drip pad is protected by a structure, as described in Section 725.540(b),

the owner or operator

shall

must design, construct, operate, and maintain a run-on

control system capable of preventing flow onto the drip pad during peak

discharge from at least a 24-hour, 25-year storm, unless the system has sufficient

excess capacity to contain any run-on that might enter the system.

Unless the drip pad is protected by a structure or cover, as described in Section

725.540(b), the owner or operator

shall

must design, construct, operate, and

maintain a run-off management system to collect and control at least the water

volume resulting from a 24-hour, 25-year storm.

The drip pad must be evaluated to determine that it meets the requirements of

subsections (a) through (f)

, above

of this Section. The owner or operator shall

must

obtain a statement from an independent, qualified, registered professional

engineer certifying that the drip pad design meets the requirements of this

Section.

Drippage and accumulated precipitation must be removed from the associated

collection system as necessary to prevent overflow onto the drip pad.

The drip pad surface must be cleaned thoroughly at least once every seven days

using an appropriate and effective cleaning technique, including but not limited

to, rinsing, washing with detergents or other appropriate solvents, or steam

cleaning, with residues being properly managed, such that accumulated residues

of hazardous waste or other materials are removed

, using an appropriate and

effective cleaning technique, including but not limited to, rinsing, washing with

detergents or other appropriate solvents, or steam cleaning as to allow weekly

inspections of the entire drip pad surface without interference or hindrance from

accumulated residues of hazardous waste or other materials on the drip pad. The

owner or operator

shall

must document, in the facility’s operating log, the date

and time of each cleaning and the cleaning procedure.

Drip pads must be operated and maintained in a manner to minimize tracking of

hazardous waste or hazardous waste constituents off the drip pad as a result of

activities by personnel or equipment.

After being removed from the treatment vessel, treated wood from pressure and

non-pressure processes must be held on the drip pad until drippage has ceased.

The owner or operator

shall

must maintain records sufficient to document that all

treated wood is held on the pad, in accordance with this Section, following

treatment.

264

Collection and holding units associated with run-on and run-off control systems

must be emptied or otherwise managed as soon as possible after storms to

maintain design capacity of the system.

Throughout the active life of the drip pad, if the owner or operator detects a

condition that may have caused or has caused a release of hazardous waste, the

condition must be repaired within a reasonably prompt period of time following

discovery, in accordance with the following procedures:

Upon detection of a condition that may have caused or has caused a

release of hazardous waste (e.g., upon detection of leakage in the leak

detection system), the owner or operator

shall must perform the following

acts:

Enter a record of the discovery in the facility operating log;

Immediately remove from service the portion of the drip pad

affected by the condition;

Determine what steps must be taken to repair the drip pad, clean up

any leakage from below the drip pad, and establish a schedule for

accomplishing the clean up and repairs;

Within 24 hours after discovery of the condition, notify the

Agency of the condition and, within 10 working days, provide

written notice to the Agency with a description of the steps that

will be taken to repair the drip pad and clean up any leakage, and

the schedule for accomplishing this work.

The Agency

shall

must: review the information submitted; make a

determination regarding whether the pad must be removed from service

completely or partially until repairs and clean up are complete; and notify

the owner or operator of the determination and the underlying rationale in

writing.

Upon completing all repairs and clean up, the owner or operator

shall

must

notify the Agency in writing and provide a certification, signed by an

independent, qualified, registered professional engineer, that the repairs

and clean up have been completed according to the written plan submitted

in accordance with subsection (m)(1)(D)

above

of this Section.

The owner or operator

shall

must maintain, as part of the facility operating log,

documentation of past operating and waste handling practices. This must include

identification of preservative formulations used in the past, a description of

drippage management practices and a description of treated wood storage and

265

handling practices.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.544

Inspections

During construction or installation, liners and cover systems (e.g., membranes,

sheets,

or coatings) must be inspected for uniformity, damage, and imperfections

(e.g., holes, cracks, thin spots,

or foreign materials). Immediately after

construction or installation, liners must be inspected and certified as meeting the

requirements of Section 725.543 by an independent, qualified, registered

professional engineer. The certification must be maintained at the facility as part

of the facility operating record. After installation liners and covers must be

inspected to ensure tight seams and joints and the absence of tears, punctures,

blisters.

While a drip pad is in operation, it must be inspected weekly and after storms to

detect evidence of any of the following:

Deterioration, malfunctions,

or improper operation of run-on and run-off

control systems;

The presence of leakage in and proper functioning of leak detection

system.

BOARD NOTE: See Section 725.543(m) for remedial action required if deterioration or leakage

is detected.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.545

Closure

At closure, the owner or operator

shall

Deterioration or cracking of the drip pad surface.

must remove or decontaminate all waste

residues, contaminated containment system components (pad, liners, etc.),

contaminated subsoils, and structures and equipment contaminated with waste

and leakage

and manage them as hazardous waste.

If, after removing or decontaminating all residues and making all reasonable

efforts to effect removal or decontamination of contaminated components,

subsoils, structures,

and equipment as required in subsection (a) of this Section,

the owner or operator finds that not all contaminated subsoils can be practically

removed or decontaminated. The operator

shall

must close the unit and perform

post-closure care in accordance with closure and post-closure care requirements

that apply to landfills (Section 725.410). For permitted units, the requirement to

266

have a permit continues throughout the post-closure period.

Existing drip pads without liners.

The owner or operator of an existing drip pad that does not comply with

the liner requirements of Section 725.543(b)(1)

It must include in the closure plan for the drip pad under

Section 725.212 both a plan for complying with subsection (a) of

this Section and a contingent plan for complying with subsection

(b) of this Section

in case not all contaminated subsoils can be

practicably removed at closure; and

Prepare

It must prepare a contingent post-closure plan under

Section 725.218 for complying with subsection (b) of this Section

in case not all contaminated subsoils can be practicably removed at

closure.

The cost estimates calculated under Sections 725.212 and 725.244 for

closure and post closure care of a drip pad subject to this subsection must

include the cost of complying with the contingent closure plan and the

contingent post closure plan, but are not required to include the cost of

expected closure under subsection (a) of this Section

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

SUBPART AA: AIR EMISSION STANDARDS FOR PROCESS VENTS

Section 725.930

Applicability

This Subpart AA

applies to owners and operators of facilities that treat, store, or

dispose of hazardous wastes (except as provided in Section 725.101).

Except for Section 725.934(d) and (e), this Subpart AA

applies to process vents

associated with distillation, fractionation, thin-film evaporation, solvent

extraction, or air or steam stripping operations that manage hazardous wastes with

organic concentrations of at least 10 ppmw (parts per million by weight), if these

operations are conducted in one of the following:

A unit that is subject to the permitting requirements of 35 Ill. Adm. Code

702, 703, and 705;

A unit (including a hazardous waste recycling unit) that is not exempt

from permitting under the provisions of 35 Ill. Adm. Code 722.134(a)

(i.e., a hazardous waste recycling unit that is not a 90-day tank or

267

container) and that is located on a hazardous waste management facility

otherwise subject to the permitting requirements of 35 Ill. Adm. Code 702,

703, and 705; or

A unit that is exempt from permitting under the provisions of 35 Ill. Adm.

Code 722.134(a) (i.e., a “90-day” tank or container) and which is not a

recycling unit under the requirements of 35 Ill. Adm. Code 721.106.

BOARD NOTE: The requirements of Sections 725.932 through 725.936 apply to

process vents on hazardous waste recycling units previously exempt under 35 Ill.

Adm. Code 721.106(c)(1). Other exemptions under 35 Ill. Adm. Code 721.104

and 725.101(c) are not affected by these requirements.

Agency decisions pursuant to this Part must be made in writing, are in the nature

of permit decisions pursuant to Section 39 of the Environmental Protection Act

and may be appealed to the Board pursuant to 35 Ill. Adm. Code 105.

The requirements of this Subpart AA

do not apply to the process vents at a

facility where the facility owner or operator certifies that all of the process vents

which

that would otherwise be subject to this Subpart AA are equipped with and

operating air emission controls in accordance with the process vent requirements

of an applicable federal Clean Air Act regulation codified under 40 CFR 60, 61,

or 63. The documentation of compliance under regulations at 40 CFR 60, 61, or

63 must be kept with, or made readily available with, the facility operating record.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.931

Definitions

As used in this Subpart AA

, all terms not defined in the this Subpart AA have the meaning given

them in 35 Ill. Adm. Code 724.931, the Resource Conservation and Recovery Act,

and 35 Ill.

Adm. Code 720 through 726.

“BTU”

means British thermal unit.

means Megagrams, or metric tonnes.

“MJ”

means Megajoules, or ten to the sixth Joules.

“MW”

means Megawatts.

“ppmv”

means parts per million by volume.

“ppmw”

meant parts per million by weight.

“s”

means second.

“scm”

means standard cubic meter.

“scft”

meant standard cubic foot.

“yr”

means year.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.932

Standards: Process Vents

The owner or operator of a facility with process vents associated with distillation,

fractionation, thin-film evaporation, solvent extraction, or air or steam stripping

operations managing hazardous wastes with organic concentrations of at least 10

ppmw

shall

must do either of the following:

Reduce total organic emissions from all affected process vents at the

facility below 1.4 kg/h (3 lb/h) and 2.8 Mg/yr (3.1 tons/yr); or

Reduce, by use of a control device, total organic emissions from all

affected process vents at the facility by 95 weight percent.

If the owner or operator installs a closed-vent system and control device to

comply with the provisions of subsection (a) of this Section

, the closed-vent

system and control device must meet the requirements of Section 725.933.

Determinations of vent emissions and emission reductions or total organic

compound concentrations achieved by add-on control devices must be based on

either engineering calculations or performance tests. If performance tests are

used to determine vent emissions, emission reductions, or total organic compound

concentrations achieved by add-on control devices, the performance tests must

conform with the requirements of Section 725.934(c).

When an owner or operator and the Agency do not agree on determinations of

269

vent emissions or emission reductions or total organic compound concentrations

achieved by add-on control devices based on engineering calculations, the test

methods in Section 725.934(c) must be used to resolve the disagreement.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.933

Standards: Closed-Vent Systems and Control Devices

Compliance Required.

Owners or operators of closed-vent systems and control devices used to

comply with provisions of this Part

shall

must comply with the provisions

of this Section.

Implementation Schedule.

The owner or operator of an existing facility that cannot install a

closed-vent system and control device to comply with the

provisions of this Subpart AA

on the effective date that the facility

becomes subject to the provisions of this Subpart AA

shall must

prepare an implementation schedule that includes dates by which

the closed-vent system and control device will be installed and in

operation. The controls must be installed as soon as possible, but

the implementation schedule may allow up to 30 months after the

effective date that the facility becomes subject to this Subpart AA

for installation and startup.

Any unit that begins operation after December 21, 1990, and

which is subject to the provisions of this Subpart AA

when

operation begins, must comply with the rules immediately (i.e.,

must have control devices installed and operating on startup of the

affected unit); the 30-month implementation schedule does not

apply.

The owner or operator of any facility in existence on the effective

date of a statutory or regulatory amendment that renders the

facility subject to this Subpart AA

shall must comply with all

requirements of this Subpart AA

as soon as practicable but no later

than 30 months after the effective date of the amendment. When

control equipment required by this Subpart AA

can not be installed

and begin operation by the effective date of the amendment, the

facility owner or operator

shall

must prepare an implementation

schedule that includes the following information:

Specific

specific

calendar dates for award of contracts or issuance of purchase

orders for the control equipment, initiation of on-site installation of

the control equipment, completion of the control equipment

270

installation, and performance of any testing to demonstrate that the

installed equipment meets the applicable standards of this Subpart

. The owner or operator shall must enter the implementation

schedule in the operating record or in a permanent, readily

available file located at the facility.

An owner or operator of a facility or unit that becomes newly

subject to the requirements of this Subpart AA

after December 8,

1997, due to an action other than those described in subsection

(a)(2)(iii) of this Section must comply with all applicable

requirements immediately (i.e., the facility or unit must have

control devices installed and operating on the date the facility or

unit becomes subject to this Subpart AA

; the 30-month

implementation schedule does not apply).

A control device involving vapor recovery (e.g., a condenser or adsorber) must be

designed and operated to recover the organic vapors vented to it with an

efficiency of 95 weight percent or greater unless the total organic emission limits

of Section 725.932(a)(1) for all affected process vents is attained at an efficiency

less than 95 weight percent.

An enclosed combustion device (e.g., a vapor incinerator, boiler, or process

heater) must be designed and operated to reduce the organic emissions vented to

it by 95 weight percent or greater; to achieve a total organic compound

concentration of 20 ppmv, expressed as the sum of the actual compounds, not

carbon equivalents, on a dry basis corrected to three percent oxygen; or to provide

a minimum residence time of 0.50 seconds at a minimum temperature of 760

degrees Celsius (° C). If a boiler or process heater is used as the control device,

then the vent stream must be introduced into the flame combustion zone of the

boiler or process heater.

Flares.

A flare must be designed for and operated with no visible emissions as

determined by the methods specified in subsection (e)(1) of this Section

except for periods not to exceed a total of

five minutes during any 2 two

consecutive hours.

A flare must be operated with a flame present at all times, as determined

by the methods specified in subsection (f)(2)(c) of this Section.

A flare must be used only if the net heating value of the gas being

combusted is 11.2 MJ/scm (300 Btu/scf) or greater if the flare is steam-

assisted or air-assisted, or if the net heating value of the gas being

combusted is 7.45 MJ/scm (200 Btu/scf) or greater if the flare is

nonassisted. The net heating value of the gas being combusted must be

271

determined by the methods specified in subsection (e)(2) of this Section.

Exit Velocity.

A steam-assisted or nonassisted flare must be designed for and

operated with an exit velocity, as determined by the methods

specified in subsection (e)(3) of this Section, less than 18.3 m/s (60

ft/s), except as provided in subsections (d)(4)(B) and (d)(4)(C) of

this Section.

A steam-assisted or nonassisted flare designed for and operated

with an exit velocity, as determined by the methods specified in

subsection (e)(3) of this Section, equal to or greater than 18.3 m/s

(60 ft/s) but less than 122 m/s (400 ft/s) is allowed if the net

heating value of the gas being combusted is greater than 37.3

MJ/scm (1,

000 Btu/scf).

A steam-assisted or nonassisted flare designed for and operated

with an exit velocity, as determined by the methods specified in

subsection (e)(3) of this Section, less than the velocity, V as

determined by the method specified in subsection (e)(4) and less

than 122 m/s (400 ft/s) is allowed.

An air-assisted flare must be designed and operated with an exit velocity

less than the velocity, V,

as determined by the method specified in

subsection (e)(5) of this Section.

A flare used to comply with this Section must be steam-assisted, air-

assisted, or nonassisted.

Compliance determination and equations.

Reference Method 22 in 40 CFR 60, incorporated by reference in 35 Ill.

Adm. Code 720.111(b)

, must be used to determine the compliance of a

flare with the visible emission provisions of this Subpart AA

. The

observation period is

2 two hours and must be used according to Method

22.

The net heating value of the gas being combusted in a flare must be

calculated using the following equation:

is the net heating value of the sample in MJ/scm; where the net

enthalpy per mole of offgas is based on combustion at 25° C and

760 mm Hg, but the standard temperature for determining the

volume

corrersponding corresponding to 1 mole is 20° C.;

K = 1.74×10

-7

(1/ppm)(g mol/scm)(MJ/kcal) where the standard

temperature for (g mol/scm) is 20° C

ΣX

means the sum of the values of X for each component i, from

i=1 to n

is the concentration of sample component i in ppm on a wet

basis, as measured for organics by Reference Method 18 in 40

CFR 60, and for carbon monoxide, by ASTM D 1946-90,

incorporated by reference in 35 Ill. Adm. Code 720.111(a)

.; and

is the net heat of combustion of sample component i, kcal/gmol

at 25° C and 760 mm Hg. The heats of combustion must be

determined using ASTM D 2382-88, incorporated by reference in

35 Ill. Adm. Code 720.111(a)

, if published values are not available

or cannot be calculated.

The actual exit velocity of a flare must be determined by dividing the

volumetric flow rate (in units of standard temperature and pressure), as

determined by Reference Methods 2, 2A, 2C, or 2D in 40 CFR 60,

incorporated by reference in 35 Ill. Adm. Code 720.111(b)

, as appropriate,

by the unobstructed (free) cross-sectional area of the flare tip.

The maximum allowed velocity in m/s, V for a flare complying with

subsection (d)(4)(C) of this Section must be determined by the following

means logarithm to the base 10; and

is the net heating value as determined in subsection (e)(2) of

this Section.

The maximum allowed velocity in m/s, V for an air-assisted flare must be

determined by the following equation:

273

V = 8.706+0.7084

Where:

The owner or operator

shall

is the net heating value as determined in subsection (e)(2) of

this Section.

must monitor and inspect each control device

required to comply with this Section to ensure proper operation and maintenance

of the control device by implementing the following requirements:

Install, calibrate, maintain, and operate according to the manufacturer’s

specifications a flow indicator that provides a record of vent stream flow

from each affected process vent to the control device at least once every

hour. The flow indicator sensor must be installed in the vent stream at the

nearest feasible point to the control device inlet but before being

combined with other vent streams.

Install, calibrate, maintain, and operate according to the manufacturer’s

specifications a device to continuously monitor control device operation,

as specified below:

For a thermal vapor incinerator, a temperature monitoring device

equipped with a continuous recorder. The device must have

accuracy of ±1 percent of the temperature being monitored in ° C

or ± 0.5° C, whichever is greater. The temperature sensor must be

installed at a location in the combustion chamber downstream of

the combustion zone.

For a catalytic vapor incinerator, a temperature monitoring device

equipped with a continuous recorder. The device must be capable

of monitoring temperature at two locations and have an accuracy

of ±1 percent of the temperature being monitored in ° C or ± 0.5°

C, whichever is greater. One temperature sensor must be installed

in the vent stream at the nearest feasible point to the catalyst bed

inlet and a second temperature sensor must be installed in the vent

stream at the nearest feasible point to the catalyst bed outlet.

For a flare, a heat sensing monitoring device equipped with a

continuous recorder that indicates the continuous ignition of the

pilot flame.

For a boiler or process heater having a design heat input capacity

274

less than 44 MW, a temperature monitoring device equipped with a

continuous recorder. The device must have an accuracy of ±1

percent of the temperature being monitored in ° C or ± 0.5° C,

whichever is greater. The temperature sensor must be installed at a

location in the furnace downstream of the combustion zone.

For a boiler or process heater having a design heat input capacity

greater than or equal to 44 MW, a monitoring device equipped

with a continuous recorder to measure parameters that indicate

good combustion operating practices are being used.

For a condenser, either of the following

A monitoring device equipped with a continuous recorder

to measure the concentration level of the organic

compounds in the exhaust vent stream from the condenser;

ii)

A temperature monitoring device equipped with a

continuous recorder. The device must be capable of

monitoring temperature with an accuracy of ±1 percent of

the temperature being monitored in degrees Celsius (° C) or

±0.5° C, whichever is greater. The temperature sensor

must be installed at a location in the exhaust vent stream

from the condenser exit (i.e., product side).

For a carbon adsorption system,

such as a fixed-bed carbon

adsorber that regenerates the carbon bed directly in the control

device, either of the following

A monitoring device equipped with a continuous recorder

to measure the concentration level of the organic

compounds in the exhaust vent stream from the carbon bed;

ii)

A monitoring device equipped with a continuous recorder

to measure a parameter that indicates the carbon bed is

regenerated on a regular, predetermined time cycle.

Inspect the readings from each monitoring device required by subsections

(f)(1) and (f)(2) of this Section at least once each operating day to check

control device operation and, if necessary, immediately implement the

corrective measures necessary to ensure the control device operates in

compliance with the requirements of this Section.

An owner or operator using a carbon adsorption system such as a fixed-bed

275

carbon adsorber that regenerates the carbon bed directly onsite in the control

device

shall must replace the existing carbon in the control device with fresh

carbon at a regular, predetermined time interval that is no longer than the carbon

service life established as a requirement of Section 725.935(b)(4)(C)(vi).

An owner or operator using a carbon adsorption system, such as a carbon canister,

that does not regenerate the carbon bed directly onsite in the control device

shall

must

replace the existing carbon in the control device with fresh carbon on a

regular basis by using one of the following procedures:

Monitor the concentration level of the organic compounds in the exhaust

vent stream from the carbon adsorption system on a regular schedule, and

replace the existing carbon with fresh carbon immediately when carbon

breakthrough is indicated. The monitoring frequency must be daily or at

an interval no greater than 20 percent of the time required to consume the

total carbon working capacity established as a requirement of Section

725.935(b)(4)(C)(vii), whichever is longer.

Replace the existing carbon with fresh carbon at a regular, predetermined

time interval that is less than the design carbon replacement interval

established as a requirement of Section 725.935(b)(4)(C)(vii).

An owner or operator of an affected facility seeking to comply with the provisions

of this Part by using a control device other than a thermal vapor incinerator,

catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon

adsorption system is required to develop documentation including sufficient

information to describe the control device operation and identify the process

parameter or parameters that indicate proper operation and maintenance of the

control device.

A closed-vent system must meet either of the following design requirements:

A closed-vent system must be designed to operate with no detectable

emissions, as indicated by an instrument reading of less than 500 ppmv

above background, as determined by the methods specified at Section

725.934(b), and by visual inspections; or

A closed-vent system must be designed to operate at a pressure below

atmospheric pressure. The system must be equipped with at least one

pressure gauge or other pressure measurement device that can be read

from a readily accessible location to verify that negative pressure is being

maintained in the closed-vent system when the control device is operating.

The owner or operator

shall must monitor and inspect each closed-vent system

required to comply with this Section to ensure proper operation and maintenance

of the closed-vent system by implementing the following requirements:

276

Each closed-vent system that is used to comply with subsection (j)(1) of

this Section

shall must be inspected and monitored in accordance with the

following requirements:

An initial leak detection monitoring of the closed-vent system

shall

must

be conducted by the owner or operator on or before the date

that the system becomes subject to this Section. The owner or

operator

shall must monitor the closed-vent system components

and connections using the procedures specified in Section

725.934(b) to demonstrate that the closed-vent system operates

with no detectable emissions, as indicated by an instrument

reading of less than 500 ppmv above background.

After initial leak detection monitoring required in subsection

(k)(1)(A) of this Section, the owner or operator

shall must inspect

and monitor the closed-vent system as follows:

Closed-vent system joints, seams, or other connections that

are permanently or semi-permanently sealed (e.g., a welded

joint between two sections of hard piping or a bolted and

gasketed ducting flange) must be visually inspected at least

once per year to check for defects that could result in air

pollutant emissions. The owner or operator

shall must

monitor a component or connection using the procedures

specified in Section 725.934(b) to demonstrate that it

operates with no detectable emissions following any time

the component is repaired or replaced (e.g., a section of

damaged hard piping is replaced with new hard piping) or

the connection is unsealed (e.g., a flange is unbolted).

ii)

Closed-vent system components or connections other than

those specified in subsection (k)(1)(B)(i) of this Section

must be monitored annually and at other times as requested

by the

Regional Administrator Agency, except as provided

for in subsection (n) of this Section, using the procedures

specified in Section 725.934(b) to demonstrate that the

components or connections operate with no detectable

emissions.

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

shall

must repair the defect or leak in accordance with the

requirements of subsection (k)(3) of this Section.

The owner or operator

shall must maintain a record of the

inspection and monitoring in accordance with the requirements

277

specified in Section 725.935.

Each closed-vent system that is used to comply with subsection (j)(2) of

this Section must be inspected and monitored in accordance with the

following requirements:

The closed-vent system 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 ductwork or piping or loose connections.

The owner or operator

shall must perform an initial inspection of

the closed-vent system on or before the date that the system

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

shall

must perform the inspections at least once every year.

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

shall

must repair the defect in accordance with the requirements of

subsection (k)(3) of this Section.

The owner or operator

shall must maintain a record of the

inspection and monitoring in accordance with the requirements

specified in Section 725.935.

The owner or operator

shall must repair all detected defects as follows:

Detectable emissions, as indicated by visual inspection or by an

instrument reading greater than 500 ppmv above background, must

be controlled as soon as practicable, but not later than 15 calendar

days after the emission is detected, except as provided for in

subsection (k)(3)(C) of this Section.

A first attempt at repair must be made no later than five calendar

days after the emission is detected.

Delay of repair of a closed-vent system for which leaks have been

detected is allowed if the repair is technically infeasible without a

process unit shutdown, or if the owner or operator determines that

emissions resulting from immediate repair would be greater than

the fugitive emissions likely to result from delay of repair. Repair

of such equipment must be completed by the end of the next

process unit shutdown.

The owner or operator

shall must maintain a record of the defect

repair in accordance with the requirements specified in Section

725.935.

278

A closed-vent system or control device used to comply with provisions of this

Subpart AA

must be operated at all times when emissions may be vented to it.

The owner or operator using a carbon adsorption system to control air pollutant

emissions

shall must document that all carbon removed that is a hazardous waste

and that is removed from the control device is managed in one of the following

manners, regardless of the volatile organic concentration of the carbon:

It is regenerated or reactivated in a thermal treatment unit that meets one

of the following:

The owner or operator of the unit has been issued a final permit

under 35 Ill. Adm. Code 702, 703, and 705 that implements the

requirements of Subpart X of

35 Ill. Adm. Code 724.Subpart X; or

The unit is equipped with and operating air emission controls in

accordance with the applicable requirements of Subparts AA and

CC of this Part or 35 Ill. Adm. Code 724; or

The unit is equipped with and operating air emission controls in

accordance with a national emission standard for hazardous air

pollutants under 40 CFR 61 or 40 CFR 63, incorporated by

reference in 35 Ill. Adm. Code 720.111(b).

It is incinerated in a hazardous waste incinerator for which the owner or

operator has done either of the following:

The owner or operator has been issued a final permit under 35 Ill.

Adm. Code 702, 703, and 705 that implements the requirements of

Subpart O of

35 Ill. Adm. Code 724.Subpart O, or

The owner or operator has designed and operates the incinerator in

accordance with the interim status requirements of Subpart O of

this Part.

It is burned in a boiler or industrial furnace for which the owner or

operator has done either of the following:

The owner or operator has been issued a final permit under 35 Ill.

Adm. Code 702, 703, and 705 that implements the requirements of

Subpart H of

35 Ill. Adm. Code 726.Subpart H, or

The owner or operator has designed and operates the boiler or

industrial furnace in accordance with the interim status

requirements of Subpart H of

35 Ill. Adm. Code 726.Subpart H.

279

Any components of a closed-vent system that are designated, as described in

Section 725.935(c)(9), as unsafe to monitor are exempt from the requirements of

subsection (k)(1)(B)(ii) of this Section if both of the following conditions are

fulfilled:

The owner or operator of the closed-vent system has determined that the

components of the closed-vent system are unsafe to monitor because

monitoring personnel would be exposed to an immediate danger as a

consequence of complying with subsection (k)(1)(B)(ii) of this Section;

and

The owner or operator of the closed-vent system adheres to a written plan

that requires monitoring the closed-vent system components using the

procedure specified in subsection (k)(1)(B)(ii) of this Section as

frequently as practicable during safe-to-monitor times.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.934

Test Methods and Procedures

Each owner or operator subject to the provisions of this Subpart AA

shall must

comply with the test methods and procedures requirements provided in this

Section.

When a closed-vent system is tested for compliance with no detectable emissions,

as required in Section 725.933(k), the test must comply with the following

requirements:

Monitoring must comply with Reference Method 21 in 40 CFR 60,

incorporated by reference in 35 Ill. Adm. Code 720.111(b)

The detection instrument must meet the performance criteria of Reference

Method 21.

The instrument must be calibrated before use on each day of its use by the

procedures specified in Reference Method 21.

Calibration gases must be:

Zero air (less than 10 ppm of hydrocarbon in air).

A mixture of methane or n-hexane and air at a concentration of

approximately, but less than, 10,000 ppm methane or n-hexane.

The background level must be determined as set forth in Reference

280

Method 21.

The instrument probe must be traversed around all potential leak

interfaces as close to the interface as possible, as described in Reference

Method 21.

The arithmetic difference between the maximum concentration indicated

by the instrument and the background level is compared with 500 ppm for

determining compliance.

Performance tests to determine compliance with Section 725.932(a) and with the

total organic compound concentration limit of Section 725.933(c) must comply

with the following:

Performance tests to determine total organic compound concentrations and

mass flow rates entering and exiting control devices must be conducted

and data reduced in accordance with the following reference methods and

calculation procedures:

Method 2 in 40 CFR 60, incorporated by reference in 35 Ill. Adm.

Code 720.111(b), for velocity and volumetric flow rate.

Method 18 in 40 CFR 60, incorporated by reference in 35 Ill. Adm.

Code 720.111(b), for organic content.

Each performance test must consist of three separate runs, each run

conducted for at least 1 hour under the conditions that exist when

the hazardous waste management unit is operating at the highest

load or capacity level reasonably expected to occur. For the

purpose of determining total organic compound concentrations and

mass flow rates, the average of results of all runs applies. The

average must be computed on a time-weighed basis.

Total organic mass flow rates must be determined by the following

= The total organic mass flow rate, kg/h.;

281

2sd

= The volumetric flow rate of gases entering or exiting

control device, dscm/h, as determined by Method 2 in 40

CFR 60, incorporated by reference in 35 Ill. Adm. Code

720.111

.(b);

n = The number of organic compounds in the vent gas

= The organic concentration in ppm, dry basis, of

compound i in the vent gas, as determined by Method 18 in

40 CFR 60

., incorporated by reference in 35 Ill. Adm. Code

720.111(b);

= The molecular weight of organic compound i in the

vent gas, kg/kg-mol

0.0416 = The conversion factor for molar volume, kg-

mol/m

, at 293 K and 760 mm Hg.; and

-6

= The conversion factor from ppm.

The annual total organic emission rate must be determined by the

following equation:

A = F

Where:

A is total organic emission rate, kg/y

F is the total organic mass flow rate, kg/h, as calculated in

subsection (c)(1)(D) of this Section

.; and

H is the total annual hours of operation for the affected

unit.

Total organic emissions from all affected process vents at the

facility must be determined by summing the hourly total organic

mass emissions rates (F,

as determined in subsection (c)(1)(D) of

this Section) and by summing the annual total organic mass

emission rates (A,

as determined in subsection (c)(1)(E) of this

Section) for all affected process vents at the facility.

The owner or operator

shall must record such process information as is

necessary to determine the conditions of the performance tests.

Operations during periods of startup, shutdown,

and malfunction do not

constitute representative conditions for the purpose of a performance test.

282

The owner or operator of an affected facility

shall must provide, or cause

to be provided, performance testing facilities as follows:

Sampling ports adequate for the test methods specified in

subsection (c)(1) of this Section.

Safe sampling

platform(s) platforms.

Safe access to sampling

platform(s) platforms.

Utilities for sampling and testing equipment.

For the purpose of making compliance determinations, the time-weighted

average of the results of the three runs must apply. In the event that a

sample is accidentally lost or conditions occur in which one of the three

runs must be discontinued because of forced shutdown, failure of an

irreplaceable portion of the sample train, extreme meteorological

conditions,

or other circumstances beyond the owner or operator’s control,

compliance may, upon the Agency’s approval, be determined using the

average of the results of the two other runs.

To show that a process vent associated with a hazardous waste distillation,

fractionation, thin-film evaporation, solvent extraction, or air or steam stripping

operation is not subject to the requirements of this Subpart AA

, the owner or

operator

shall must make an initial determination that the time-weighted, annual

average total organic concentration of the waste managed by the waste

management unit is less than 10 ppmw using one of the following two methods:

Direct measurement of the organic concentration of the waste using the

following procedures:

The owner or operator

shall must take a minimum of four grab

samples of waste for each wastestream managed in the affected

unit under process conditions expected to cause the maximum

waste organic concentration.

For waste generated onsite, the grab samples must be collected at a

point before the waste is exposed to the atmosphere,

such as in an

enclosed pipe or other closed system that is used to transfer the

waste after generation to the first affected distillation,

fractionation, thin-film evaporation, solvent extraction, or air or

steam stripping operation. For waste generated offsite, the grab

samples must be collected at the inlet to the first waste

management unit that receives the waste provided the waste has

been transferred to the facility in a closed system such as a tank

283

truck and the waste is not diluted or mixed with other waste.

Each sample must be analyzed and the total organic concentration

of the sample must be computed using Method 9060 or 8260 of

SW-846, incorporated by reference under 35 Ill. Adm. Code

720.111(a)

The arithmetic mean of the results of the analyses of the four

samples apply for each wastestream managed in the unit in

determining the time-weighted, annual average total organic

concentration of the waste. The time-weighted average is to be

calculated using the annual quantity of each waste stream

processed and the mean organic concentration of each wastestream

managed in the unit.

Using knowledge of the waste to determine that its total organic

concentration is less than 10 ppmw. Documentation of the waste

determination is required. Examples of documentation that must be used

to support a determination under this subsection (d)(2) include the

following:

Production process information documenting that no organic

compounds are used;

Information that the waste is generated by a process that is

identical to a process at the same or another facility that has

previously been demonstrated by direct measurement to generate a

wastestream having a total organic content less than 10 ppmw; or

Prior speciation analysis results on the same wastestream where it

is documented that no process changes have occurred since that

analysis that could affect the waste total organic concentration.

The determination that distillation, fractionation, thin-film evaporation, solvent

extraction, or air or steam stripping operations

which that manage hazardous

wastes with time-weighted, annual average total organic concentrations less than

10 ppmw must be made as follows:

By the effective date that the facility becomes subject to the provisions of

this Subpart AA

or by the date when the waste is first managed in a waste

management unit, whichever is later; and

For continuously generated waste, annually; or

Whenever there is a change in the waste being managed or a change in the

process that generates or treats the waste.

284

When an owner or operator and the Agency do not agree on whether a distillation,

fractionation, thin-film evaporation, solvent extraction, or air or steam stripping

operation manages a hazardous waste with organic concentrations of at least 10

ppmw based on knowledge of the waste, the procedures in Method 8260 in SW-

846, incorporated by reference in 35 Ill. Adm. Code 720.111(a)

, must be used to

resolve the dispute.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.935

Recordkeeping Requirements

Compliance Required.

Each owner or operator subject to the provisions of this Subpart AA

shall

must

comply with the recordkeeping requirements of this Section.

An owner or operator of more than one hazardous waste management unit

subject to the provisions of this Subpart AA

may comply with the

recordkeeping requirements for these hazardous waste management units

in one recordkeeping system if the system identifies each record by each

hazardous waste management unit.

Owners and operators

shall must record the following information in the facility

operating record:

For facilities that comply with the provisions of Section 725.933(a)(2), an

implementation schedule that includes dates by which the closed-vent

system and control device will be installed and in operation. The schedule

must also include a rationale of why the installation cannot be completed

at an earlier date. The implementation schedule must be in the facility

operating record by the effective date that the facility becomes subject to

the provisions of this Subpart AA

Up-to-date documentation of compliance with the process vent standards

in Section 725.932, including the following

Information and data identifying all affected process vents, annual

throughput and operating hours of each affected unit, estimated

emission rates for each affected vent and for the overall facility

(i.e., the total emissions for all affected vents at the facility), and

the approximate location within the facility of each affected unit

(e.g., identify the hazardous waste management units on a facility

plot plan).

Information and data supporting determination of vent emissions

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and emission reductions achieved by add-on control devices based

on engineering calculations or source tests. For the purpose of

determining compliance, determinations of vent emissions and

emission reductions must be made using operating parameter

values (e.g., temperatures, flow rates, or vent stream organic

compounds and concentrations) that represent the conditions that

result in maximum organic emissions, such as when the waste

management unit is operating at the highest load or capacity level

reasonably expected to occur. If the owner or operator takes any

action (e.g., managing a waste of different composition or

increasing operating hours of affected waste management units)

that would result in an increase in total organic emissions from

affected process vents at the facility, then a new determination is

required.

Where an owner or operator chooses to use test date to determine the

organic removal efficiency or total organic compound concentration

achieved by the control device, a performance test plan. The test plan

must include the following

A description of how it is determined that the planned test is going

to be conducted when the hazardous waste management unit is

operating at the highest load or capacity level reasonably expected

to occur. This must include the estimated or design flow rate and

organic content of each vent stream and define the acceptable

operating ranges of key process and control device parameters

during the test program.

A detailed engineering description of the closed-vent system and

control device including the following

Manufacturer’s name and model number of control device

ii)

Type of control device

iii)

Dimensions of the control device

iv)

Capacity

.; and

Construction materials.

A detailed description of sampling and monitoring procedures,

including sampling and monitoring locations in the system, the

equipment to be used, sampling and monitoring frequency, and

planned analytical procedures for sample analysis.

286

Documentation of compliance with Section 725.933 must include the

following information:

A list of all information references and sources used in preparing

the documentation

Records, including the dates of each compliance test required by

Section 725.933(j)

If engineering calculations are used, a design analysis,

specifications, drawings, schematics, and piping and

instrumentation diagrams based on the appropriate sections of

APTI Course 415 (incorporated by reference in 35 Ill. Adm. Code

720.111(a))

or other engineering texts, approved by the Agency,

that present basic control device design information.

Documentation provided by the control device manufacturer or

vendor that describes the control device design in accordance with

subsections (b)(4)(C)(i) through (b)(4)(C)(vii)

of this Section may

be used to comply with this requirement. The design analysis must

address the vent stream characteristics and control device

operation parameters as specified below.

For a thermal vapor incinerator, the design analysis must

consider the vent stream composition, constituent

concentrations,

and flow rate. The design analysis must

also establish the design minimum and average temperature

in the combustion zone and the combustion zone residence

time.

ii)

For a catalytic vapor incinerator, the design analysis must

consider the vent stream composition, constituent

concentrations, and flow rate. The design analysis must

also establish the design minimum and average

temperatures across the catalyst bed inlet and outlet.

iii)

For a boiler or process heater, the design analysis must

consider the vent stream composition, constituent

concentrations,

and flow rate. The design analysis must

also establish the design minimum and average flame zone

temperatures, combustion zone residence time and

description of method and location where the vent stream is

introduced into the combustion zone.

iv)

For a flare, the design analysis must consider the vent

stream composition, constituent concentrations, and flow

rate. The design analysis must also consider the

287

requirements specified in Section 725.933(d).

For a condenser, the design analysis must consider the vent

stream composition, constituent concentrations, flow rate,

relative humidity,

and temperature. The design analysis

must also establish the design outlet organic compound

concentration level, design average temperature of the

condenser exhaust vent stream and design average

temperatures of the coolant fluid at the condenser inlet and

outlet.

vi)

For a carbon adsorption system,

such as a fixed-bed

adsorber that regenerates the carbon bed directly onsite in

the control device, the design analysis must consider the

vent stream composition, constituent concentrations, flow

rate, relative humidity and temperature. The design

analysis must also establish the design exhaust vent stream

organic compound concentration level, number and

capacity of carbon beds, type and working capacity of

activated carbon used for carbon beds, design total steam

flow over the period of each complete carbon bed

regeneration cycle, duration of the carbon bed steaming and

cooling/drying cycles, design carbon bed temperature after

regeneration, design carbon bed regeneration time and

design service life of carbon.

vii)

For a carbon adsorption system,

such as a carbon canister

that does not regenerate the carbon bed directly onsite in

the control device, the design analysis must consider the

vent stream composition, constituent concentrations, flow

rate, relative humidity and temperature. The design

analysis must also establish the design outlet organic

concentration level, capacity of carbon bed, type and

working capacity of activated carbon used for carbon bed

and design carbon replacement interval based on the total

carbon working capacity of the control device and source

operating schedule

A statement signed and dated by the owner or operator certifying

that the operating parameters used in the design analysis

reasonably represent the conditions that exist when the hazardous

waste management unit is or would be operating at the highest load

or capacity level reasonably expected to occur

A statement signed and dated by the owner or operator certifying

that the control device is designed to operate at an efficiency of

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95% percent or greater unless the total organic concentration limit

of Section 725.932(a) is achieved at an efficiency less than 95

weight percent or the total organic emission limits of Section

725.932(a) for affected process vents at the facility are attained by

a control device involving vapor recovery at an efficiency less than

95 weight percent. A statement provided by the control device

manufacturer or vendor certifying that the control equipment meets

the design specifications may be used to comply with this

requirement

.; and

If performance tests are used to demonstrate compliance, all test

results.

Design documentation and monitoring operating and inspection information for

each closed-vent system and control device required to comply with the

provisions of this Part must be recorded and kept up-to-date in the facility

operating record. The information must include the following

Description and date of each modification that is made to the closed-vent

system or control device design

Identification of operating parameter, description of monitoring device,

and diagram of monitoring sensor location or locations used to comply

with Section 725.933(f)(1) and (f)(2)

Monitoring, operating and inspection information required by Section

725.933(f) through (k)

Date, time,

and duration of each period that occurs while the control

device is operating when any monitored parameter exceeds the value

established in the control device design analysis,

as specified below:

For a thermal vapor incinerator designed to operate with a

minimum residence time of 0.50 second at a minimum temperature

of 760° C, any period when the combustion temperature is below

760° C.

For a thermal vapor incinerator designed to operate with an

organic emission reduction efficiency of 95%

percent or greater,

any period when the combustion zone temperature is more than

28° C below the design average combustion zone temperature

established as a requirement of subsection (b)(4)(C)(i) of this

Section.

For a catalytic vapor incinerator, any period when either of the

following occurs:

289

Temperature of the vent stream at the catalyst bed inlet is

more than 28° C below the average temperature of the inlet

vent stream established as a requirement of subsection

(b)(4)(C)(ii) of this Section; or

ii)

Temperature difference across the catalyst bed is less than

80%

percent of the design average temperature difference

established as a requirement of subsection (b)(4)(C)(ii) of

this Section.

For a boiler or process heater, any period when either of the

following occurs:

Flame zone temperature is more than 28° C below the

design average flame zone temperature established as a

requirement of subsection (b)(4)(C)(iii) of this Section; or

ii)

Position changes where the vent stream is introduced to the

combustion zone from the location established as a

requirement of subsection (b)(4)(C)(iii) of this Section.

For a flare, period when the pilot flame is not ignited.

For a condenser that complies with Section 725.933(f)(2)(F)(i),

any period when the organic compound concentration level or

readings of organic compounds in the exhaust vent stream from the

condenser are more than 20%

percent greater than the design outlet

organic compound concentration level established as a requirement

of subsection (b)(4)(C)(v) of this Section.

For a condenser that complies with Section 725.933(f)(2)(F)(ii),

any period when either of the following occurs

Temperature of the exhaust vent stream from the condenser

is more than 6° C above the design average exhaust vent

stream temperature established as a requirement of

subsection (b)(4)(C)(v) of this Section

.; or

ii)

Temperature of the coolant fluid exiting the condenser is

more than 6° C above the design average coolant fluid

temperature at the condenser outlet established as a

requirement of subsection (b)(4)(C)(v) of this Section.

For a carbon adsorption system such as a fixed-bed carbon

adsorber that regenerates the carbon bed directly onsite in the

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control device and complies with Section 725.933(f)(2)(G)(i), any

period when the organic compound concentration level or readings

of organic compounds in the exhaust vent stream from the carbon

bed are more than 20%

percent greater than the design exhaust

vent stream organic compound concentration level established as a

requirement of subsection (b)(4)(C)(vi) of this Section.

For a carbon adsorption system such as a fixed-bed carbon

adsorber that regenerates the carbon bed directly onsite in the

control device and complies with Section 725.933(f)(2)(G)(ii), any

period when the vent stream continues to flow through the control

device beyond the predetermined carbon bed regeneration time

established as a requirement of subsection (b)(4)(C)(vi) of this

Section

Explanation for each period recorded under subsection (c)(4) of this

Section of the cause for control device operating parameter exceeding the

design value and the measures implemented to correct the control device

operation

For carbon adsorption systems operated subject to requirements specified

in Section 725.933(g) or (h)(2), any date when existing carbon in the

control device is replaced with fresh carbon

For carbon adsorption systems operated subject to requirements specified

in Section 725.933(h)(1), a log that records:

Date and time when control device is monitored for carbon

breakthrough and the monitoring device reading.

Date when existing carbon in the control device is replaced with

fresh carbon

Date of each control device startup and shutdown

An owner or operator designating any components of a closed-vent system

as unsafe to monitor pursuant to Section 725.933(n)

shall must record in a

log that is kept in the facility operating record the identification of closed-

vent system components that are designated as unsafe to monitor in

accordance with the requirements of Section 725.933(n), an explanation

for each closed-vent system component stating why the closed-vent

system component is unsafe to monitor, and the plan for monitoring each

closed-vent system component

.; and

10)

When each leak is detected as specified in Section 725.933(k), the

following information must be recorded:

291

The instrument identification number, the closed-vent system

component identification number, and the operator name, initials,

or identification number

The date the leak was detected and the date of first attempt to

repair the leak

The date of successful repair of the leak

Maximum instrument reading measured by Method 21 of 40 CFR

60, appendix A, incorporated by reference in 35 Ill. Adm. Code

720.111(b)

, after it is successfully repaired or determined to be

nonrepairable

.; and

“Repair delayed” and the reason for the delay if a leak is not

repaired within 15 calendar days after discovery of the leak.

The owner or operator may develop a written procedure

that identifies the conditions that justify a delay of repair.

In such cases, reasons for delay of repair may be

documented by citing the relevant sections of the written

procedure.

ii)

If delay of repair was caused by depletion of stocked parts,

there must be documentation that the spare parts were

sufficiently stocked on-site before depletion and the reason

for depletion

.; and

Records of the monitoring, operating and inspection information required by

subsections (c)(3) through (c)(10)

of this Section must be maintained by the

owner or operator for at least three years following the date of each occurrence,

measurement, corrective action, or record.

For a control device other than a thermal vapor incinerator, catalytic vapor

incinerator, flare, boiler, process heater, condenser or carbon adsorption system,

monitoring and inspection information indicating proper operation and

maintenance of the control device must be recorded in the facility operating

record.

Up-to-date information and data used to determine whether or not a process vent

is subject to the requirements in Section 725.932, including supporting

documentation as required by Section 725.934(d)(2), when application of the

knowledge of the nature of the hazardous wastestream or the process by which it

was produced is used, must be recorded in a log that is kept in the facility

operating record.

292

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

SUBPART BB: AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS

Section 725.950

Applicability

The regulations in this Subpart BB

apply to owners and operators of facilities that

treat, store, or dispose of hazardous wastes (except as provided in Section

725.101).

Except as provided in Section 725.964(k), this Subpart BB

applies to equipment

that contains or contacts hazardous wastes with organic concentrations of at least

10 percent by weight that are managed in one of the following:

A unit that is subject to the RCRA permitting requirements of 35 Ill. Adm.

Code 702, 703, and 705;

A unit (including a hazardous waste recycling unit) that is not exempt

from permitting under the provisions of 35 Ill. Adm. Code 722.134(a)

(i.e., a hazardous waste recycling unit that is not a “90-day” tank or

container) and that is located at a hazardous waste management facility

otherwise subject to the permitting requirements of 35 Ill. Adm. Code 702,

703, and 705; or

A unit that is exempt from permitting under the provisions of 35 Ill. Adm.

Code 722.134(a) (i.e., a “90-day” tank or container) and which is not a

recycling unit under the provisions of 35 Ill. Adm. Code 721.106.

Each piece of equipment to which this Subpart BB

applies must be marked in

such a manner that it can be distinguished readily from other pieces of equipment.

Equipment that is in vacuum service is excluded from the requirements of

Sections 725.952 to 725.960, if it is identified as required in Section

725.964(g)(5).

Equipment that contains or contacts hazardous waste with an organic

concentration of at least 10 percent by weight for less than 300 hours per calendar

year is excluded from the requirements of Sections 725.952 through 725.960 if it

is identified as required in Section 725.964(g)(6).

Agency decisions pursuant to this Part must be made in writing, are in the nature

of permit decisions pursuant to Section 39 of the Environmental Protection Act

and may be appealed to the Board pursuant to 35 Ill. Adm. Code 105.

This subsection (f) corresponds with 40 CFR 265.1050(f), which relates

293

exclusively to a facility outside Illinois. This statement maintains structural

consistency with the corresponding federal regulations.

Purged coatings and solvents from surface coating operations subject to the

federal national emission standards for hazardous air pollutants (NESHAPs) for

the surface coating of automobiles and light-duty trucks at Subpart IIII of 40 CFR

63, incorporated by reference in 35 Ill. Adm. Code 720.111(b), are not subject to

the requirements of this Subpart BB.

BOARD NOTE: The requirements of Sections 725.952 through 725.964 apply to equipment

associated with hazardous waste recycling units previously exempt under 35 Ill. Adm. Code

721.106(c)(1). Other exemptions under 35 Ill. Adm. Code 721.104 and 725.101(e) are not

affected by these requirements.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.951

Definitions

As used in this Subpart BB

, all terms have the meaning given them in Section 725.931, the

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

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.952

Standards: Pumps in Light Liquid Service

Monitoring.

Each pump in light liquid service must be monitored monthly to detect

leaks by the methods specified in Section 725.963(b), except as provided

in subsections (d), (e),

and (f), below of this Section.

Each pump in light liquid service must be checked by visual inspection

each calendar week for indications of liquids dripping from the pump seal.

Leaks.

If an instrument reading of 10,000 ppm or greater is measured, a leak is

detected.

If there are indications of liquids dripping from the pump seal, a leak is

detected.

Repairs.

When a leak is detected, it must be repaired as soon as practicable, but not

later than 15 calendar days after it is detected, except as provided in

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Section 725.959.

A first attempt at repair (e.g., tightening the packing gland) must be made

no later than 5 calendar days after each leak is detected.

Each pump equipped with a dual mechanical seal system that includes a barrier

fluid system is exempt from the requirements of subsection (a)

, above of this

Section, provided the following requirements are met:

Each dual mechanical seal system must be as follows

Operated with the barrier fluid at a pressure that is at all times

greater than the pump stuffing box pressures;

Equipped with a barrier fluid degassing reservoir that is connected

by a closed-vent system to a control device that complies with the

requirements of Section 725.960; or

Equipped with a system that purges the barrier fluid into a

hazardous wastestream with no detectable emissions to the

atmosphere

The barrier fluid system must not be a hazardous waste with organic

concentrations 10 percent or greater by weight

Each barrier fluid system must be equipped with a sensor that will detect

failure of the seal system, the barrier fluid system, or both

Each pump must be checked by visual inspection, each calendar week, for

indications of liquids dripping from the pump seals

Alarms.

Each sensor as described in subsection (d)(3)

, above of this

Section, must be checked daily or be equipped with an audible

alarm that must be checked monthly to ensure that it is functioning

properly.

The owner or operator

shall must determine, based on design

considerations and operating experience, a criterion that indicates

failure of the seal system, the barrier fluid system, or both

.; and

Leaks.

If there are indications of liquids dripping from the pump seal or

the sensor indicates failure of the seal system, the barrier fluid

295

system, or both based on the criterion determined in subsection

(d)(5)(B)

, above of this Section, a leak is detected.

When a leak is detected, it must be repaired as soon as practicable,

but not later than 15 calendar days after it is detected, except as

provided in Section 725.959.

A first attempt at repair (e.g., relapping the seal) must be made no

later than

5 five calendar days after each leak is detected.

Any pump that is designated, as described in Section 725.964(g)(2), for no

detectable emissions, as indicated by an instrument reading of less than 500 ppm

above background, is exempt from the requirements of subsections (a), (c) and

(d)

, above of this Section, if the pump meets the following requirements:

Must have no externally actuated shaft penetrating the pump housing

Must operate with no detectable emissions as indicated by an instrument

reading of less than 500 ppm above background as measured by the

methods specified in Section 725.963(c)

.; and

Must be tested for compliance with subsection (e)(2)

, above of this

Section, initially upon designation, annually and at other times as

specified by the Agency pursuant to Section 725.950(e).

If any pump is equipped with a closed-vent system capable of capturing and

transporting any leakage from the seal or seals to a control device that complies

with the requirements of Section 725.960, it is exempt from the requirements of

subsections (a) through (e)

, above of this Section.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.953

Standards: Compressors

Each compressor must be equipped with a seal system that includes a barrier fluid

system and that prevents leakage of total organic emissions to the atmosphere,

except as provided in subsections (h) and (i) of this Section

Each The following must be true of each compressor seal system, as required in

subsection (a) of this Section

must be:

Operated with the barrier fluid at a pressure that is at all times greater than

the compressor stuffing box pressure;

Equipped with a barrier fluid system that is connected by a closed-vent

system to a control device that complies with the requirements of Section

296

725.960; or

Equipped with a system that purges the barrier fluid into a hazardous

wastestream with no detectable emissions to atmosphere.

The barrier fluid must not be a hazardous waste with organic concentrations 10

percent or greater by weight.

Each barrier fluid system,

as described in subsections (a) through (c) of this

Section, must be equipped with a sensor that will detect failure of the seal system,

barrier fluid system, or both.

Inspections.

Each sensor,

as required in subsection (d) of this Section, must be checked

daily or must be equipped with an audible alarm that must be checked

monthly to ensure that it is functioning properly,

unless the compressor is

located within the boundary of an unmanned plant site, in which case the

sensor must be checked daily.

The owner or operator

shall

must determine, based on design

considerations and operating experience, a criterion that indicates failure

of the seal system, the barrier fluid system, or both.

If the sensor indicates failure of the seal system, the barrier fluid system, or both

based on the criterion determined under subsection (e)(2) of this Section

, a leak is

detected.

Repairs.

When a leak is detected, it must be repaired as soon as practicable, but not

later than 15 calendar days after it is detected, except as provided in

Section 725.959.

A first attempt at repair (e.g., tightening the packing gland) must be made

no later than

five calendar days after each leak is detected.

A compressor is exempt from the requirements of subsections (a) and (b) of this

Section if it is equipped with a closed-vent system capable of capturing and

transporting any leakage from the seal to a control device that complies with the

requirements of Section 725.960, except as provided in subsection (i) of this

Section.

Any compressor that is designated, as described in Section 725.964(g)(2), for no

detectable emission as indicated by an instrument reading of less than 500 ppm

above background, is exempt from the requirements of subsections (a) through (h)

297

of this Section if the following is true of the compressor:

Is It is determined to be operating with no detectable emissions, as

indicated by an instrument reading of less than 500 ppm above

background, as measured by the method specified in Section 725.963(c).

Is It is tested for compliance with subsection (i)(1) of this Section initially

upon designation, annually and other times as specified by the Agency

pursuant to Section 725.950(e).

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.954

Standards: Pressure Relief Devices in Gas/Vapor Service

Except during pressure releases, each pressure relief device in gas/vapor service

must be operated with no detectable emissions, as indicated by an instrument

reading of less than 500 ppm above background as measured by the method

specified in Section 725.963(c).

Actions following pressure release.

After each pressure release, the pressure relief device must be returned to

a condition of no detectable emissions, as indicated by an instrument

reading of less than 500 ppm above background, as soon as practicable,

but no later than 5 calendar days after each pressure release, except as

provided in Section 725.959.

No later than

5 five calendar days after the pressure release, the pressure

relief device must be monitored to confirm the condition of no detectable

emissions, as indicated by an instrument reading of less than 500 ppm

above background, as measured by the method specified in Section

725.963(c).

Any pressure relief device that is equipped with a closed-vent system capable of

capturing and transporting leakage from the pressure relief device to a control

device as described in Section 725.960 is exempt from the requirements of

subsections (a) and (b) of this Section

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.956

Standards:

Open-ended Open-Ended Valves or Lines

Equipment.

Each open-ended valve or line must be equipped with a cap, blind flange,

plug,

or a second valve.

298

The cap, blind flange, plug,

or second valve must seal the open end at all

times except during operations requiring hazardous wastestream flow

through the open-ended valve or line.

Each open-ended valve or line equipped with a second valve must be operated in

a manner such that the valve on the hazardous wastestream end is closed before

the second valve is closed.

When a double block and bleed system is being used, the bleed valve or line may

remain open during operations that require venting the line between the block

valves but must comply with subsection (a) of this Section

at all other times.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.957

Standards: Valves in Gas/Vapor or Light Liquid Service

Each valve in gas/vapor or light liquid service must be monitored monthly to

detect leaks by the methods specified in Section 725.963(b) and must comply

with subsections (b) through (e) of this Section

, except as provided in subsections

(f), (g),

and (h) of this Section, and in Section 725.961 and 725.962.

If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.

Monitoring Frequency.

Any valve for which a leak is not detected for two successive months must

be monitored the first month of every succeeding quarter, beginning with

the next quarter, until a leak is detected.

If a leak is detected, the valve must be monitored monthly until a leak is

not detected for two successive months,

Leak repair.

When a leak is detected, it must be repaired as soon as practicable, but no

later than 15 calendar days after the leak is detected, except as provided in

Section 725.959.

A first attempt at repair must be made no later than

5 five calendar days

after each leak is detected.

First attempts at repair include, but are not limited to the following best practices

where practicable:

Tightening of bonnet bolts

299

Replacement of bonnet bolts

Tightening of packing gland nuts

.; or

Injection of lubricant into lubricated packing.

Any valve that is designated, as described in Section 725.964(g)(2), for no

detectable emissions, as indicated by an instrument reading of less than 500 ppm

above background, is exempt from the requirements of subsection (a) of this

Section if the valve fulfills the following requirements:

Has It has no external actuating mechanism in contact with the hazardous

wastestream

Is It is operated with emissions less than 500 ppm above background as

determined by the method specified in Section 725.963(c)

.; and

Is It is tested for compliance with subsection (f)(2) initially upon

designation, annually, and at other times as specified by the Agency

pursuant to Section 725.950(e).

Any valve that is designated, as described in Section 725.964(h)(1), as an unsafe-

to-monitor valve is exempt from the requirements of subsection (a), if the

following conditions are fulfilled:

The owner or operator of the valve determines that the valve is unsafe to

monitor because monitoring personnel would be exposed to an immediate

danger as a consequence of complying with subsection (a) of this Section

and

The owner or operator of the valve adheres to a written plan that requires

monitoring of the valve as frequently as practicable during safe-to-monitor

times.

Any valve that is designated, as described in Section 725.964(h)(2), as a difficult-

to-monitor valve is exempt from the requirements of subsection (a), if the

following conditions are fulfilled:

The owner or operator of the valve determines that the valve cannot be

monitored without elevating the monitoring personnel more than

2 two

meters above a support surface;

The hazardous waste management unit within which the valve is located

was in operation before June 21, 1990; and

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The owner or operator of the valve follows a written plan that requires

monitoring of the valve at least once per calendar year.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.958

Standards: Pumps, Valves, Pressure Relief Devices, Flanges,

and other

Other Connectors

Pumps and valves in heavy liquid service, pressure relief devices in light liquid or

heavy liquid service and flanges and other connectors must be monitored within

five days by the method specified in Section 725.963(b), if evidence of a potential

leak is found by visual, audible, olfactory, or any other detection method.

If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.

Repairs.

When a leak is detected, it must be repaired as soon as practicable, but not

later than 15 calendar days after it is detected, except as provided in

Section 725.959.

The first attempt at repair must be made no later than five calendar days

after each leak is detected.

First attempts at repair include, but are not limited to, the best practices described

under Section 725.957(e).

Any connector that is inaccessible or is ceramic or ceramic-lined (e.g., porcelain,

glass, or glass-lined) is exempt from the monitoring requirements of subsection

(a) of this Section and from the recordkeeping requirements of Section 725.964.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.959

Standards: Delay of Repair

Delay of repair of equipment for which leaks have been detected is allowed if the

repair is technically infeasible without a hazardous waste management unit

shutdown. In such a case, repair of this equipment must occur before the end of

the next hazardous waste management unit shutdown.

Delay of repair of equipment for which leaks have been detected is allowed for

equipment that is isolated from the hazardous waste management unit and that

does not continue to contain or contact hazardous waste with organic

concentrations at least 10 percent by weight.

Delay of repair for valves is allowed if the following conditions are fulfilled

301

The owner or operator determines that emissions of purged material

resulting from immediate repair are greater than the emissions likely to

result from delay of repair

.; and

When repair procedures are effected, the purged material is collected and

destroyed or recovered in a control device complying with Section

725.960.

Delay of repair for pumps is allowed if the following conditions are met

Repair requires the use of a dual mechanical seal system that includes a

barrier fluid system

.; and

Repair is completed as soon as practicable, but not later than

6 six months

after the leak was detected.

Delay of repair beyond a hazardous waste management unit shutdown is allowed

for a valve if valve assembly replacement is necessary during the hazardous waste

management unit shutdown, valve assembly supplies have been depleted, and

valve assembly supplies had been sufficiently stocked before the supplies were

depleted. Delay of repair beyond the next hazardous waste management unit

shutdown is not allowed unless the next hazardous waste management unit

shutdown occurs sooner than

6 six months after the first hazardous waste

management unit shutdown.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.960

Standards:

Closed-vent Closed-Vent Systems and Control Devices

An owner or operator of a closed-vent system or control device subject to this

Subpart BB

shall must comply with the provisions of Section 725.933.

Implementation Schedule.

The owner or operator of an existing facility that cannot install a closed-

vent system and control device to comply with the provisions of this

Subpart BB

on the effective date that the facility becomes subject to the

provisions of this Subpart BB

shall must prepare an implementation

schedule that includes dates by which the closed-vent system and control

device will be installed and in operation. The controls must be installed as

soon as possible, but the implementation schedule may allow up to 30

months after the effective date that the facility becomes subject to this

Subpart BB

for installation and startup.

Any unit that begins operation after December 21, 1990, and which is

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subject to the provisions of this Subpart BB when operation begins, must

comply with the rules immediately (i.e., the unit must have control devices

installed and operating on startup of the affected unit); the 30-month

implementation schedule does not apply.

The owner or operator of any facility in existence on the effective date of

a statutory or regulatory amendment that renders the facility subject to this

Subpart BB

shall must comply with all requirements of this Subpart BB as

soon as practicable but no later than 30 months after the effective date of

the amendment. When control equipment required by this Subpart BB

can

not be installed and begin operation by the effective date of the

amendment, the facility owner or operator

shall must prepare an

implementation schedule that includes the following information:

Specific calendar dates for award of contracts or issuance of purchase

orders for the control equipment, initiation of on-site installation of the

control equipment, completion of the control equipment installation, and

performance of any testing to demonstrate that the installed equipment

meets the applicable standards of this Subpart BB

. The owner or operator

shall

must enter the implementation schedule in the operating record or in

a permanent, readily available file located at the facility.

An owner or operator of a facility or unit that becomes newly subject to

the requirements of this Subpart BB

due to an action other than those

described in subsection (b)(3) of this Section

shall must comply with all

applicable requirements immediately (i.e., the facility or unit must have

control devices installed and operating on the date the facility or unit

becomes subject to this Subpart BB

; the 30-month implementation

schedule does not apply).

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.961

Percent Leakage Alternative for Valves

An owner or operator subject to the requirements of Section 725.957 may elect to

have all valves within a hazardous waste management unit comply with an

alternative standard

which that allows no greater than 2 two percent of the valves

to leak.

The following requirements must be met if an owner or operator decides to

comply with the alternative standard of allowing

2 two percent of valves to leak:

An owner or operator

shall must notify the Agency that the owner or

operator has elected to comply with the requirements of this Section

A performance test as specified in subsection (c) of this Section

must be

conducted initially upon designation, annually and other times as specified

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by the Agency pursuant to Section 725.950(e).; and

If a valve leak is detected it must be repaired in accordance with Section

725.957(d) and (e).

Performance tests must be conducted in the following manner:

All valves subject to the requirements in Section 725.957 within the

hazardous waste management unit must be monitored within 1 week by

the methods specified in Section 725.963(b)

;

If an instrument reading of 10,000 ppm or greater is measured, a leak is

detected

.; and

The leak percentage must be determined by dividing the number of valves

subject to the requirements in Section 725.957 for which leaks are

detected by the total number of valves subject to the requirements in

Section 725.957 within the hazardous waste management unit.

If an owner or operator decides no longer to comply with this Section, the owner

or operator

shall must notify the Agency in writing that the work practice

standard described in Section 725.957(a) through (e) will be followed.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.962

Skip Period Alternative for Valves

Election.

An owner or operator subject to the requirements of Section 725.957 may

elect for all valves within a hazardous waste management unit to comply

with one of the alternative work practices specified in subsections (b)(2)

and (b)(3)

of this Section.

An owner or operator

shall must notify the Agency before implementing

one of the alternative work practices.

Reduced Monitoring.

An owner or operator

shall must comply with the requirements for valves,

as described in Section 725.957, except as described in subsections (b)(2)

and (b)(3) of this Section

After two consecutive quarterly leak detection periods with the percentage

of valves leaking equal to or less than two percent, an owner or operator

may begin to skip one of the quarterly leak detection periods (i.e., the

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owner or operator may monitor for leaks once every six months) for the

valves subject to the requirements in Section 725.957.

After five consecutive quarterly leak detection periods with the percentage

of valves leaking equal to or less than two percent, an owner or operator

may begin to skip three of the quarterly leak detection periods (i.e., the

owner or operator may monitor for leaks once every year) for the valves

subject to the requirements in Section 725.957.

If the percentage of valves leaking is greater than

2 two percent, the owner

or operator

shall must monitor monthly in compliance with the

requirements in Section 725.957, but may again elect to use this Section

after meeting the requirements of Section 725.957(c)(1).

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.963

Test Methods and Procedures

Each owner or operator subject to the provisions of this Subpart BB

shall must

comply with the test methods and procedures requirements provided in this

Section.

Leak detection monitoring, as required in Sections 725.952 through 725.962,

must comply with the following requirements:

Monitoring must comply with Reference Method 21 in 40 CFR 60,

incorporated by reference in 35 Ill. Adm. Code 720.111(b)

The detection instrument must meet the performance criteria of Reference

Method 21

The instrument must be calibrated before use on each day of its use by the

procedures specified in Reference Method 21

Calibration gases must be as follows

Zero air (less than 10 ppm of hydrocarbon in air)

A mixture of methane or n-hexane and air at a concentration of

approximately, but less than, 10,000 ppm methane or n-hexane

and

The instrument probe must be traversed around all potential leak

interfaces as close to the interface as possible as described in Reference

Method 21.

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When equipment is tested for compliance with no detectable emissions, as

required in Sections 725.952(e), 725.953(i), 725.954, and 725.957(f), the test

must comply with the following requirements:

The requirements of subsections (b)(1) through (b)(4) of this Section

apply

The background level must be determined as set forth in Reference

Method 21

The instrument probe must be traversed around all potential leak

interfaces as close to the interface as possible as described in Reference

Method 21

.; and

This arithmetic difference between the maximum concentration indicated

by the instrument and the background level is compared with 500 ppm for

determining compliance.

In accordance with the waste analysis plan required by Section 725.113(b), an

owner or operator of a facility

shall must determine, for each piece of equipment,

whether the equipment contains or contacts a hazardous waste with organic

concentration that equals or exceeds 10 percent by weight using the following:

Methods described in ASTM Methods D 2267-88, E 168-88, E 169-87, or

E 260-85, incorporated by reference in 35 Ill. Adm. Code 720.111(a)

;

Method 9060 or 8260 of SW-846, incorporated by reference in 35 Ill.

Adm. Code 720.111(a)

; or

Application of the knowledge of the nature of the hazardous wastestream

or the process by which it was produced. Documentation of a waste

determination by knowledge is required. Examples of documentation that

must be used to support a determination under this provision include

production process information documenting that no organic compounds

are used, information that the waste is generated by a process that is

identical to a process at the same or another facility that has previously

been demonstrated by direct measurement to have a total organic content

less than 10 percent, or prior speciation analysis results on the same

wastestream where it is also documented that no process changes have

occurred since that analysis that could affect the waste total organic

concentration.

If an owner or operator determines that a piece of equipment contains or contacts

a hazardous waste with organic concentrations at least 10 percent by weight, the

determination can be revised only after following the procedures in subsection

(d)(1) or (d)(2) of this Section.

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When an owner or operator and the Agency do not agree on whether a piece of

equipment contains or contacts a hazardous waste with organic concentrations at

least 10 percent by weight, the procedures in subsection (d)(1) or (d)(2) of this

Section must be used to resolve the dispute.

Samples used in determining the percent organic content must be representative

of the highest total organic content hazardous waste that is expected to be

contained in or contact the equipment.

To determine if pumps or valves are in light liquid service, the vapor pressures of

constituents must either be obtained from standard reference texts or be

determined by ASTM D 2879-92, incorporated by reference in 35 Ill. Adm. Code

720.111(a)

Performance tests to determine if a control device achieves 95 weight percent

organic emission reduction must comply with the procedures of Section

725.934(c)(1) through (c)(4).

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.964

Recordkeeping Requirements

Lumping Units.

Each owner or operator subject to the provisions of this Subpart BB

shall

must

comply with the recordkeeping requirements of this Section.

An owner or operator of more than one hazardous waste management unit

subject to the provisions of this Subpart BB

may comply with the

recordkeeping requirements for these hazardous waste management units

in one recordkeeping system if the system identifies each record by each

hazardous waste management unit.

Owners and operators

shall must record the following information in the facility

operating record:

For each piece of equipment to which this Subpart BB

applies, the

following:

Equipment identification number and hazardous waste

management unit identification

Approximate locations within the facility (e.g., identify the

hazardous waste management unit on a facility plot plan)

307

Type of equipment (e.g., a pump or pipeline valve).;

Percent-by-weight total organics in the hazardous wastestream at

the equipment

Hazardous waste state at the equipment (e.g., gas/vapor or liquid)

and

Method of compliance with the standard (e.g., “monthly leak

detection and repair” or “equipped with dual mechanical seals”)

For facilities that comply with the provisions of Section 725.933(a)(2), an

implementation schedule,

as specified in that Section.;

Where an owner or operator chooses to use test data to demonstrate the

organic removal efficiency or total organic compound concentration

achieved by the control device, a performance test plan,

as specified in

Section 725.935(b)(3)

.; and

Documentation of compliance with Section 725.960, including the

detailed design documentation or performance test results specified in

Section 725.935(b)(4).

When each leak is detected,

as specified in Section 725.952, 725.953, 725.957, or

725.958, the following requirements apply:

A weatherproof and readily visible identification, marked with the

equipment identification number, the date evidence of a potential leak was

found in accordance with Section 725.958(a), and the date the leak was

detected, must be attached to the leaking equipment

;

The identification on equipment except on a valve, may be removed after

it has been repaired

; and

The identification on a valve may be removed after it has been monitored

for

two successive months as specified in Section 725.957(c) and no

leak has been detected during those

two months.

When each leak is detected,

as specified in Sections 725.952, 725.953, 725.957,

or 725.958, the following information must be recorded in an inspection log and

must be kept in the facility operating record:

The instrument and operator identification numbers and the equipment

identification number

;

The date evidence of a potential leak was found in accordance with

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Section 725.958(a).;

The date the leak was detected and the dates of each attempt to repair the

leak

Repair methods applied in each attempt to repair the leak

;

“Above 10,000,”

, if the maximum instrument reading measured by the

methods specified in Section 725.963(b) after each repair attempt is equal

to or greater than 10,000 ppm

;

“Repair delayed” and the reason for the delay if a leak is not repaired

within 15 calendar days after discovery of the leak

;

Documentation supporting the delay of repair of a valve in compliance

with Section 725.959(c)

The signature of the owner or operator (or designate) whose decision it

was that repair could not be effected without a hazardous waste

management unit shutdown

;

The expected date of successful repair of the leak if a leak is not repaired

within 15 calendar days

; and

10)

The date of successful repair of the leak.

Design documentation and monitoring, operating,

and inspection information for

each closed-vent system and control device required to comply with the

provisions of Section 725.960 must be recorded and kept up-to-date in the facility

operating record as specified in Section 725.935(c)(1) and (c)(2), and monitoring,

operating and inspection information in Section 725.935(c)(3) through (c)(8).

For a control device other than a thermal vapor incinerator, catalytic vapor

incinerator, flare, boiler, process heater, condenser, or carbon adsorption system,

monitoring and inspection information indicating proper operation and

maintenance of the control device must be recorded in the facility operating

record.

The following information pertaining to all equipment subject to the requirements

in Sections 725.952 through 725.960 must be recorded in a log that is kept in the

facility operating record:

A list of identification numbers for equipment (except welded fittings)

subject to the requirements of this Subpart BB

List of Equipment.

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A list of identification numbers for equipment that the owner or

operator elects to designate for no detectable emissions, as

indicated by an instrument reading of less than 500 ppm above

background, under the provisions of Sections 725.952(e),

725.953(i),

and 725.957(f).

The designation of this equipment as subject to the requirements of

Section 725.952(e), 725.953(i),

or 725.957(f) must be signed by

the owner or operator.

A list of equipment identification numbers for pressure relief devices

required to comply with Section 725.954(a).

Compliance tests.

The dates of each compliance test required in Sections 725.952(e),

725.953(i), 725.954, and 725.957(f).

The background level measured during each compliance test.

The maximum instrument reading measured at the equipment

during each compliance test.

A list of identification numbers for equipment in vacuum service.

Identification, either by list or location (area or group) of equipment that

contains or contacts hazardous waste with an organic concentration of at

least 10 percent by weight for less than 300 hours per year.

The following information pertaining to all valves subject to the requirements of

Section 725.957(g) and (h) must be recorded in a log that is kept in the facility

operating record:

A list of identification numbers for valves that are designated as unsafe to

monitor, an explanation for each valve stating why the valve is unsafe to

monitor, and the plan for monitoring each valve

; and

A list of identification numbers for valves that are designated as difficult

to monitor, an explanation for each valve stating why the valve is difficult

to monitor, and the planned schedule for monitoring each valve.

The following information must be recorded in the facility operating record for

valves complying with Section 725.962:

A schedule of monitoring

; and

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The percent of valves found leaking during each monitoring period.

The following information must be recorded in a log that is kept in the facility

operating record:

Criteria required in Sections 725.952(d)(5)(B) and 725.953(e)(2) and an

explanation of the criteria

; and

Any changes to these criteria and the reasons for the changes.

The following information must be recorded in a log that is kept in the facility

operating record for use in determining exemptions,

as provided in Section

725.950 and other specific Subparts:

An analysis determining the design capacity of the hazardous waste

management unit

;

A statement listing the hazardous waste influent to and effluent from each

hazardous waste management unit subject to the requirements in Section

725.960 and an analysis determining whether these hazardous wastes are

heavy liquids

; and

An up-to-date analysis and the supporting information and data used to

determine whether or not equipment is subject to the requirements in

Sections 725.952 through 725.960. The record must include supporting

documentation,

as required by Section 725.963(d)(3), when application of

the knowledge of the nature of the hazardous wastestream or the process

by which it was produced is used. If the owner or operator takes any

action (e.g., changing the process that produced the waste) that could

result in an increase in the total organic content of the waste contained in

or contacted by equipment determined not to be subject to the

requirements in Sections 725.952 through 725.960, then a new

determination is required.

Records of the equipment leak information required by subsection (d) of this

Section and the operating information required by subsection (e) of this Section

need be kept only three years.

The owner or operator of any facility with equipment that is subject to this

Subpart and to regulations at 40 CFR 60, 61, or 63, incorporated by reference in

35 Ill. Adm. Code 720.111(b)

, may elect to determine compliance with this

Subpart BB

by documentation of compliance either pursuant to Section 725.964

or by documentation of compliance with the regulations at 40 CFR 60, 61, or 63,

pursuant to the relevant provisions of 40 CFR 60, 61, or 63.

The documentation

of compliance under the regulation at 40 CFR 60, 61, or 63 must be kept with or

311

made readily available with the facility operating record.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

SUBPART CC: AIR EMISSION STANDARDS FOR TANKS, SURFACE

IMPOUNDMENTS, AND CONTAINERS

Section 725.980

Applicability

The requirements of this Subpart CC

apply to owners and operators of all

facilities that treat, store, or dispose of hazardous waste in tanks, surface

impoundments, or containers that are subject to Subpart I, J, or K of this Part,

except as Section 725.101 and subsection (b) of this Section provide otherwise.

The requirements of this Subpart CC

do not apply to the following waste

management units at the facility:

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

before December 6, 1996, and in which no hazardous waste is added to the

unit on or after December 6, 1996

;

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

(3.5 ft

or 26.4 gal).

;

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

and the owner or operator has begun implementing or completed closure

pursuant to an approved closure plan

;

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

hazardous waste (except to implement an approved closure plan) and the

owner or operator has begun implementing or completed closure pursuant

to an approved closure plan

;

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

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

implementing remedial activities required pursuant to the Act or Board

regulations or under the corrective action authorities of RCRA sections

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 of 1982 (42 USC 10101 et seq.)

; and

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

312

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, incorporated by reference in 35 Ill. Adm.

Code 720.111(b). 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 725.985(i), except as provided in Section

725.983(c)(5)

; and

A tank that has a process vent, as defined in 35 Ill. Adm. Code 725.931.

For the owner and operator of a facility subject to this Subpart CC

that has

received a final RCRA permit prior to December 6, 1996, the following

requirements apply:

The requirements of Subpart CC of

35 Ill. Adm. Code 724.Subpart CC

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 the date when the permit is reissued, renewed, or modified in

accordance with the requirements of 35 Ill. Adm. Code 703 and 705, the

owner and operator is subject to the requirements of this Subpart CC

The requirements of this Subpart CC

, except for the recordkeeping requirements

specified in Section 725.990(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 725.990(i), explaining why an undue safety hazard would be

created if air emission controls specified in Sections 725.985 through

725.988 are installed and operated on the tanks and containers used at the

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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

; and

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 29 Ill. Reg. ________, effective ______________________)

Section 725.981

Definitions

As used in this Subpart CC

and in 35 Ill. Adm. Code 724, all terms not defined herein shall will

have the meanings given to them in the Act and 35 Ill. Adm. Code 720 through 726.

“Average volatile organic concentration” or “average VO concentration” means

the mass-weighted average volatile organic concentration of a hazardous waste,

as determined in accordance with the requirements of Section 725.984.

“Closure device” means a cap, hatch, lid, plug, seal, valve, or other type of fitting

that blocks an opening in a cover so that when the device is secured in the closed

position it prevents or reduces air pollutant emissions to the atmosphere. Closure

devices include devices that are detachable from the cover (e.g., a sampling port

cap), manually operated (e.g., a hinged access lid or hatch), or automatically

operated (e.g., a spring-loaded pressure relief valve).

“Continuous seal” means a seal that forms a continuous closure that completely

covers the space between the edge of the floating roof and the wall of a tank. A

continuous seal may be a vapor-mounted seal, liquid-mounted seal, or metallic

shoe seal. A continuous seal may be constructed of fastened segments so as to

form a continuous seal.

“Cover” means a device that provides a continuous barrier over the hazardous

waste managed in a unit to prevent or reduce air emissions to the atmosphere. A

cover may have openings (such as access hatches, sampling ports, and gauge

wells) that are necessary for operation, inspection, maintenance, or repair of the

unit on which the cover is used. A cover may be a separate piece of equipment

which

that can be detached and removed from the unit or a cover may be formed

by structural features permanently integrated into the design of the unit.

“Enclosure” means a structure that surrounds a tank or container, captures organic

vapors emitted from the tank or container, and vents the captured vapors through

314

a closed-vent system to a control device.

“External floating roof” means a pontoon-type or double-deck type cover that

rests on the surface of a hazardous waste being managed in a tank with no fixed

roof.

“Fixed roof” means a cover that is mounted on a unit in a stationary position and

does not move with fluctuations in the level of the material managed in the unit.

“Floating membrane cover” means a cover consisting of a synthetic flexible

membrane material that rests upon and is supported by the hazardous waste being

managed in a surface impoundment.

“Floating roof” means a cover consisting of a double-deck, pontoon single-deck,

or internal floating cover that rests upon and is supported by the material being

contained, and is equipped with a continuous seal.

“Hard-piping” means pipe or tubing that is manufactured and properly installed in

accordance with relevant standards and good engineering practices.

“In light material service” means that the container is used to manage a material

for which both of the following conditions apply: the vapor pressure of one or

more of the organic constituents in the material is greater than 0.3 kilopascals

(kPa) at 20°C (1.2 inches H

O at 68°F); and the total concentration of the pure

organic constituents having a vapor pressure greater than 0.3 kPa at 20°C (1.2

inches H

O at 68°F) is equal to or greater than 20 percent by weight.

“Internal floating roof” means a cover that rests or floats on the material surface

(but not necessarily in complete contact with it) inside a tank that has a fixed roof.

“Liquid-mounted seal” means a foam or liquid-filled primary seal mounted in

contact with the hazardous waste between the tank wall and the floating roof,

continuously around the circumference of the tank.

“Malfunction” means any sudden, infrequent, and not reasonably preventable

failure of air pollution control equipment, process equipment, or a process to

operate in a normal or usual manner. A failure that is caused in part by poor

maintenance or careless operation is not a malfunction.

“Maximum organic vapor pressure” means the sum of the individual organic

constituent partial pressures exerted by the material contained in a tank at the

maximum vapor pressure-causing conditions (i.e., temperature, agitation, pH

effects of combining wastes, etc.) reasonably expected to occur in the tank. For

the purpose of this Subpart CC

, maximum organic vapor pressure is determined

using the procedures specified in Section 725.984(c).

315

“Metallic shoe seal” means a continuous seal that is constructed of metal sheets

that are held vertically against the wall of the tank by springs, weighted levers, or

other mechanisms and which is connected to the floating roof by braces or other

means. A flexible coated fabric (envelope) spans the annular space between the

metal sheet and the floating roof.

“No detectable organic emissions” means no escape of organics to the

atmosphere, as determined using the procedure specified in Section 725.984(d).

“Point of waste origination” means as follows:

When the facility owner or operator is the generator of the hazardous

waste, the “point of waste origination” means the point where a solid

waste produced by a system, process, or waste management unit is

determined to be a hazardous waste, as defined in 35 Ill. Adm. Code 721.

BOARD NOTE: In this case, this term is being used in a manner similar

to the use of the term “point of generation” in air standards established for

waste management operations under authority of the federal Clean Air Act

in 40 CFR 60, 61, and 63, incorporated by reference in 35 Ill. Adm. Code

720.111(b).

When the facility owner and operator are not the generator of the

hazardous waste, “point of waste origination” means the point where the

owner or operator accepts delivery or takes possession of the hazardous

waste.

“Point of waste treatment” means the point where a hazardous waste to be treated

in accordance with Section 725.983(c)(2) exits the treatment process. Any waste

determination must be made before the waste is conveyed, handled, or otherwise

managed in a manner that allows the waste to volatilize to the atmosphere.

“Safety device” means a closure device, such as a pressure relief valve, frangible

disc, fusible plug, or any other type of device

, which

that functions exclusively to

prevent physical damage or permanent deformation to a unit or its air emission

control equipment by venting gases or vapors directly to the atmosphere during

unsafe conditions resulting from an unplanned, accidental, or emergency event.

For the purpose of this Subpart CC

, a safety device is not used for routine venting

of gases or vapors from the vapor headspace underneath a cover such as during

filling of the unit or to adjust the pressure in this vapor headspace in response to

normal daily diurnal ambient temperature fluctuations. A safety device is

designed to remain in a closed position during normal operations and open only

when the internal pressure, or another relevant parameter, exceeds the device

threshold setting applicable to the air emission control equipment as determined

by the owner or operator based on manufacturer recommendations, applicable

regulations, fire protection and prevention codes, standard engineering codes and

316

practices, or other requirements for the safe handling of flammable, ignitable,

explosive, reactive, or hazardous materials.

“Single-seal system” means a floating roof having one continuous seal. This seal

may be vapor-mounted, liquid-mounted, or a metallic shoe seal.

“Vapor-mounted seal” means a continuous seal that is mounted so that there is a

vapor space between the hazardous waste in the unit and the bottom of the seal.

“Volatile organic concentration” or “VO concentration” means the fraction by

weight of organic compounds contained in a hazardous waste expressed in terms

of parts per million (ppmw), as determined by direct measurement or by

knowledge of the waste, in accordance with the requirements of Section 725.984.

For the purpose of determining the VO concentration of a hazardous waste,

organic compounds with a Henry’s law constant value of at least 0.1 mole-

fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) (which can

also be expressed as 1.8×10

-6

atmospheres/gram-mole/m

) at 25° C (77° F) must

be included. Appendix F of this Part presents a list of compounds known to have

a Henry’s law constant value less than the cutoff level.

“Waste determination” means performing all applicable procedures in accordance

with the requirements of Section 725.984 to determine whether a hazardous waste

meets standards specified in this Subpart CC

. Examples of a waste determination

include performing the procedures in accordance with the requirements of Section

725.984 to determine the average VO concentration of a hazardous waste at the

point of waste origination, determining the average VO concentration of a

hazardous waste at the point of waste treatment and comparing the results to the

exit concentration limit specified for the process used to treat the hazardous

waste, the organic reduction efficiency and the organic biodegradation efficiency

for a biological process used to treat a hazardous waste and comparing the results

to the applicable standards, or determining the maximum volatile organic vapor

pressure for a hazardous waste in a tank and comparing the results to the

applicable standards.

“Waste stabilization process” means any physical or chemical process used to

either reduce the mobility of hazardous constituents in a hazardous waste or

eliminate free liquids as determined by Test Method 9095 (Paint Filter Liquids

Test) in “Test Methods for Evaluating Solid Waste, Physical/Chemical

Methods,”

, incorporated by reference in 35 Ill. Adm. Code 720.111(a). A waste

stabilization process includes mixing the hazardous waste with binders or other

materials and curing the resulting hazardous waste and binder mixture. Other

synonymous terms used to refer to this process are “waste fixation” or “waste

solidification.”

. This does not include the addition of absorbent materials to the

surface of a waste to absorb free liquid without mixing, agitation, or subsequent

curing.

317

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.982

Schedule for Implementation of Air Emission Standards

An owner or operator of a facility in existence on December 6, 1996 and subject

to Subpart I, J, or K of this Part

shall

must meet the following requirements:

The owner or operator

shall

must install and begin operation of all control

equipment required to comply with this Subpart CC

and complete

modifications of production or treatment processes to satisfy exemption

criteria in accordance with Section 725.983(c) by December 6, 1996,

except as provided in subsection (a)(2) of this Section

; and

When control equipment or waste management units required to comply

with this Subpart CC

cannot be installed and in operation or modifications

of production or treatment processes to satisfy exemption criteria in

accordance with Section 725.983(c) cannot be completed by December 6,

1996, the owner or operator

shall must do the following:

Install and begin operation of the control equipment and waste

management units, and complete modifications of production or

treatment processes as soon as possible but no later than December

8, 1997

;

Prepare an implementation schedule that includes the following

information: specific calendar dates for award of contracts or

issuance of purchase orders for the control equipment, waste

management units, and production or treatment process

modifications; the dates of initiation of on-site installation of the

control equipment, or waste management units, and modifications

of production or treatment processes; the dates of completion of

the control equipment or waste management unit installation, and

production or treatment process modifications; and the dates of

performance of testing to demonstrate that the installed equipment

or waste management units, and modified production or treatment

processes meet the applicable standards of this Subpart CC

For a facility subject to the recordkeeping requirements of Section

725.173, the owner or operator

shall

must enter the implementation

schedule specified in subsection (a)(2)(B) of this Section in the

operating record no later than December 6, 1996

; and

For a facility not subject to Section 725.173 of this Section, the

owner or operator

shall

must enter the implementation schedule

specified in subsection (a)(2)(B) of this section in a permanent,

readily available file located at the facility no later than December

318

6, 1996.

An owner or operator of a facility or unit in existence on the effective date of

statutory or regulatory amendments under the Act that render the facility subject

to Subpart I, J, or K of this Part

shall

must meet the following requirements:

The owner or operator

shall

must install and begin operation of all control

equipment required to comply with this Subpart CC

and complete

modifications of production or treatment processes to satisfy exemption

criteria of Section 725.983(c) by the effective date of the amendment,

except as provided in subsection (b)(2) of this Section.

When control equipment or waste management units required to comply

with this Subpart CC

cannot be installed and begin operation or when

modifications of production or treatment processes to satisfy the

exemption criteria of Section 725.983(c) cannot be completed by the

effective date of the amendment, the owner or operator

shall must

undertake the following actions:

Install and begin operation of the control equipment or waste

management unit and complete modification of production or

treatment processes as soon as possible, but no later than 30

months after the effective date of the amendment; and

Maintenance of implementation schedule.

For facilities subject to the recordkeeping requirements of

Section 725.173, enter and maintain the implementation

schedule specified in subsection (a)(2)(B) of this Section in

the operating record no later than the effective date of the

amendment, or

ii)

For facilities not subject to Section 725.173, the owner or

operator

shall

must enter and maintain the implementation

schedule specified in subsection (a)(2)(B) of this Section in

a permanent, readily available file located at the facility site

no later than the effective date of the amendment.

The owner or operator of a facility or unit that becomes newly subject to the

requirements of this Subpart CC

after December 8, 1997 due to an action other

than those described in subsection (b) of this Section

shall

must comply with all

applicable requirements immediately (i.e., the owner or operator shall

must have

control devices installed and operating on the date the facility or unit becomes

subject to the requirements of this Subpart CC

; the 30-month implementation

schedule does not apply to the owner or operator of such a facility).

319

The Board will grant an adjusted standard pursuant to Section 28.1 of the Act and

Subpart D of

35 Ill. Adm. Code 106 104 that extends the implementation date for

control equipment at a facility to a date later than December 8, 1997 when the

facility owner or operator proves the following:

That special circumstances beyond the facility owner’s or operator’s

control have delayed or will delay installation or operation of control

equipment

; and

That the owner or operator has made all reasonable and prudent attempts

to comply with the requirements of this Subpart CC

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.983

Standards: General

This Section applies to the management of hazardous waste in tanks, surface

impoundments, and containers subject to this Subpart CC

The owner or operator

shall

must control air pollutant emissions from each

hazardous waste management unit in accordance with the standards specified in

Sections 725.985 through 725.988, as applicable to the hazardous waste

management unit, except as provided for in subsection (c) of this Section.

A tank, surface impoundment, or container is exempted from standards specified

in Sections 725.985 through 725.988, provided that all hazardous waste placed in

the waste management unit is one of the following:

A tank, surface impoundment, or container for which all hazardous waste

entering the unit has an average VO concentration at the point of waste

origination of less than 500 parts per million by weight (ppmw). The

average VO concentration must be determined by the procedures specified

in Section 725.984(a). The owner or operator

shall

must review and

update, as necessary, this determination at least once every 12 months

following the date of the initial determination for the hazardous waste

streams entering the unit

;

A tank, surface impoundment, or container for which the organic content

of all the hazardous waste entering the waste management unit has been

reduced by an organic destruction or removal process that achieves any

one of the following conditions:

The process removes or destroys the organics contained in the

hazardous waste to such a level that the average VO concentration

of the hazardous waste at the point of waste treatment is less than

the exit concentration limit (C

) established for the process. The

320

average VO concentration of the hazardous waste at the point of

waste treatment and the exit concentration limit for the process

must be determined using the procedures specified in Section

725.984(b)

The process removes or destroys the organics contained in the

hazardous waste to such a level that the organic reduction

efficiency (R) for the process is equal to or greater than 95 percent,

and the average VO concentration of the hazardous waste at the

point of waste treatment is less than 100 ppmw. The organic

reduction efficiency for the process and the average VO

concentration of the hazardous waste at the point of waste

treatment must be determined using the procedures specified in

Section 725.984(b)

;

The process removes or destroys the organics contained in the

hazardous waste to such a level that the actual organic mass

removal rate (MR) for the process is equal to or greater than the

required organic mass removal rate (RMR) established for the

process. The required organic mass removal rate and the actual

organic mass removal rate for the process must be determined

using the procedures specified in Section 725.984(b)

;

The process is a biological process that destroys or degrades the

organics contained in the hazardous waste so that either of the

following conditions is met:

The organic reduction efficiency (R) for the process is

equal to or greater than 95 percent, and the organic

biodegradation efficiency (R

bio

) for the process is equal to

or greater than 95 percent. The organic reduction

efficiency and the organic biodegradation efficiency for the

process must be determined using the procedures specified

in Section 725.984(b)

; and

ii)

The total actual organic mass biodegradation rate (MR

bio

)

for all hazardous waste treated by the process is equal to or

greater than the required organic mass removal rate (RMR).

The required organic mass removal rate and the actual

organic mass biodegradation rate for the process must be

determined using the procedures specified in Section

725.984(b)

;

The process is one that removes or destroys the organics contained

in the hazardous waste and meets all of the following conditions:

321

From the point of waste origination through the point

where the hazardous waste enters the treatment process, the

hazardous waste is continuously managed in waste

management units that use air emission controls in

accordance with the standards specified in Section 725.985

through Section 725.988, as applicable to the waste

management unit

;

ii)

From the point of waste origination through the point

where the hazardous waste enters the treatment process,

any transfer of the hazardous waste is accomplished

through continuous hard-piping or other closed system

transfer that does not allow exposure of the waste to the

atmosphere

;

BOARD NOTE: The USEPA considers a drain system that

meets the requirements of Subpart RR of

40 CFR 63,

subpart RR, “National Emission Standards for Individual

Drain Systems,”

, to be a closed system.

iii)

The average VO concentration of the hazardous waste at

the point of waste treatment is less than the lowest average

VO concentration at the point of waste origination

determined for each of the individual hazardous waste

streams entering the process or 500 ppmw, whichever value

is lower. The average VO concentration of each individual

hazardous waste stream at the point of waste origination

must be determined using the procedures specified in

Section 725.984(a). The average VO concentration of the

hazardous waste at the point of waste treatment must be

determined using the procedures specified in Section

725.984(b)

;

A process that removes or destroys the organics contained in the

hazardous waste to a level such that the organic reduction

efficiency (R) for the process is equal to or greater than 95 percent

and the owner or operator certifies that the average VO

concentration at the point of waste origination for each of the

individual waste streams entering the process is less than 10,000

ppmw. The organic reduction efficiency for the process and the

average VO concentration of the hazardous waste at the point of

waste origination

shall

must be determined using the procedures

specified in Section 724.983(b) and Section 724.983(a),

respectively

;

A hazardous waste incinerator for which either of the following

322

conditions is true:

The owner or operator has been issued a final permit under

35 Ill. Adm. Code 702, 703, and 705 that implements the

requirements of Subpart O of

The owner or operator has designed and operates the

incinerator in accordance with the interim status

requirements of Subpart O of this Part

;

A boiler or industrial furnace for which either of the following

conditions is true:

The owner or operator has been issued a final permit under

35 Ill. Adm. Code 702, 703, and 705 that implements the

requirements of Subpart H of

The owner or operator has designed and operates the

industrial furnace or incinerator in accordance with the

interim status requirements of Subpart H of

35 Ill. Adm.

Code 726.Subpart H.

; and

For the purpose of determining the performance of an organic

destruction or removal process in accordance with the conditions

in each of subsections (c)(2)(A) through (c)(2)(F) of this Section,

the owner or operator

shall

must account for VO concentrations

determined to be below the limit of detection of the analytical

method by using the following VO concentration:

If Method 25D in 40 CFR 60, appendix A, incorporated by

reference in 35 Ill. Adm. Code 720.111(b)

, is used for the

analysis, one-half the blank value determined in the method

at Section 4.4 of Method 25D or a value of 25 ppmw,

whichever is less

; and

ii)

If any other analytical method is used, one-half the sum of

the limits of detection established for each organic

constituent in the waste that has a Henry’s law constant

value at least 0.1 mole-fraction-in-the-gas-phase/mole-

fraction-in-the-liquid-phase (0.1 Y/X) (which can also be

expressed as 1.8 x 10

-6

atmospheres/gram-mole/m

) at 25°

;

A tank or surface impoundment used for biological treatment of hazardous

323

waste in accordance with the requirements of subsection (c)(2)(D) of this

Section

;

A tank, surface impoundment, or container for which all hazardous waste

placed in the unit fulfills either of the following two conditions:

It meets the numerical concentration limits for organic hazardous

constituents, applicable to the hazardous waste, as specified in

Table T to

35 Ill. Adm. Code 728.Table T; or

The organic hazardous constituents in the waste have been treated

by the treatment technology established by USEPA for the waste,

as set forth in 35 Ill. Adm. Code 728.142(a), or treated by an

equivalent method of treatment approved by the Agency pursuant

to 35 Ill. Adm. Code 728.142(b)

; or

A tank used for bulk feed of hazardous waste to a waste incinerator,

and

all of the following conditions are met:

The tank is located inside an enclosure vented to a control device

that is designed and operated in accordance with all applicable

requirements specified under Subpart FF of

40 CFR 61, subpart

FF, “National Emission Standards for Benzene Waste

Operations,”

, incorporated by reference in 35 Ill. Adm. Code

720.111(a)

, for a facility at which the total annual benzene quantity

from the facility waste is equal to or greater than 10 megagrams

(11 tons) per year;

The enclosure and control device serving the tank were installed

and began operation prior to November 25, 1996; and

The enclosure is 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(b)

. 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 or electrical equipment; or to direct

air flow into the enclosure. The owner or operator

shall

must

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” annually.

The Agency may at any time perform or request that the owner or operator

perform a waste determination for a hazardous waste managed in a tank, surface

324

impoundment, or container that is exempted from using air emission controls

under the provisions of this Section as follows:

The waste determination for average VO concentration of a hazardous

waste at the point of waste origination must be performed using direct

measurement in accordance with the applicable requirements of Section

725.984(a). The waste determination for a hazardous waste at the point of

waste treatment must be performed in accordance with the applicable

requirements of Section 725.984(b)

;

In performing a waste determination pursuant to subsection (d)(1) of this

Section, the sample preparation and analysis

shall

must be conducted as

follows:

In accordance with the method used by the owner or operator to

perform the waste analysis, except in the case specified in

subsection (d)(2)(B) of this Section

; and

If the Agency determines that the method used by the owner or

operator was not appropriate for the hazardous waste managed in

the tank, surface impoundment, or container, then the Agency may

choose an appropriate method

;

Where the owner or operator is requested to perform the waste

determination, the Agency may elect to have an authorized representative

observe the collection of the hazardous waste samples used for the

analysis

;

Where the results of the waste determination performed or requested by

the Agency do not agree with the results of a waste determination

performed by the owner or operator using knowledge of the waste, then

the results of the waste determination performed in accordance with the

requirements of subsection (d)(1) of this Section must be used to establish

compliance with the requirements of this Subpart CC

.; and

Where the owner or operator has used an averaging period greater than

one hour for determining the average VO concentration of a hazardous

waste at the point of waste origination, the Agency may elect to establish

compliance with this Subpart CC

by performing or requesting that the

owner or operator perform a waste determination using direct

measurement, based on waste samples collected within a 1-hour period as

follows:

The average VO concentration of the hazardous waste at the point

of waste origination must be determined by direct measurement in

accordance with the requirements of Section 725.984(a)

;

325

Results of the waste determination performed or requested by the

Agency showing that the average VO concentration of the

hazardous waste at the point of waste origination is equal to or

greater than 500 ppmw

shall

must constitute noncompliance with

this Subpart CC

, except in a case as provided for in subsection

(d)(4)(C) of this Section

; and

Where the average VO concentration of the hazardous waste at the

point of waste origination previously has been determined by the

owner or operator using an averaging period greater than one hour

to be less than 500 ppmw but because of normal operating process

variations the VO concentration of the hazardous waste determined

by direct measurement for any given 1-hour period may be equal

to or greater than 500 ppmw, information that was used by the

owner or operator to determine the average VO concentration of

the hazardous waste (e.g., test results, measurements, calculations,

and other documentation) and recorded in the facility records in

accordance with the requirements of Sections 725.984(a) and

725.990 must be considered by the Agency together with the

results of the waste determination performed or requested by the

Agency in establishing compliance with this Subpart CC

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.984

Waste Determination Procedures

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

hazardous waste at the point of waste origination.

An owner or operator

shall

must 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

725.983(c)(1) from using air emission controls in accordance with

standards specified in Section 725.985 through Section 725.988, as

applicable to the waste management unit.

An owner or operator

shall

must 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 725.983(c)(1) from using air emission controls. Thereafter,

an owner or operator

shall

must 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.

326

An owner or operator shall must 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 VO concentration limits specified in Section 725.983(c)(1).

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 must be determined using either direct measurement, as

specified in subsection (a)(3) of this Section, or by knowledge of the

waste, as specified in subsection (a)(4) of this Section.

Direct measurement to determine average VO concentration of a

hazardous waste at the point of waste origination.

Identification. The owner or operator

shall

must identify and

record the point of waste origination for the hazardous waste.

Sampling. Samples of the hazardous waste stream must be

collected at the point of waste origination in such a manner that

volatilization of organics contained in the waste and in the

subsequent sample is minimized and an adequately representative

sample is collected and maintained for analysis by the selected

method.

The averaging period to be used for determining the

average VO concentration for the hazardous waste stream

on a mass-weighted average basis must be designated and

recorded. The averaging period can represent any time

interval that the owner or operator determines is

appropriate for the hazardous waste stream but must not

exceed one year.

ii)

A sufficient number of samples, but no fewer than four

samples, must be collected for a hazardous waste

determination. All of the samples for a given waste

determination must be collected within a one-hour period.

The average of the four or more sample results constitutes a

waste determination for the waste stream. One or more

waste determinations may be required to represent the

complete range of waste compositions and quantities that

occur during the entire averaging period due to normal

variations in the operating conditions for the source or

process generating the hazardous waste stream. Examples

of such normal variations are seasonal variations in waste

quantity or fluctuations in ambient temperature.

327

iii)

All samples must be collected and handled in accordance

with written procedures prepared by the owner or operator

and documented in a site sampling plan. This plan must

describe the procedure by which representative samples of

the hazardous waste stream are collected so that a

minimum loss of organics occurs throughout the sample

collection and handling process, and by which sample

integrity is maintained. A copy of the written sampling

plan must be maintained on-site in the facility operating

records. An example of an acceptable sampling plan

includes a plan incorporating sample collection and

handling procedures in accordance with the requirements

specified in “Test Methods for Evaluating Solid Waste,

Physical/Chemical Methods,” USEPA Publication SW-

846, incorporated by reference in 35 Ill. Adm. Code

720.111(a)

, or in Method 25D in 40 CFR 60, appendix A,

incorporated by reference in 35 Ill. Adm. Code 720.111(b)

iv)

Sufficient information, as specified in the “site sampling

plan” required under subsection (a)(3)(B)(iii) of this Section,

must be prepared and recorded to document the waste

quantity represented by the samples and, as applicable, the

operating conditions for the source or process generating the

hazardous waste represented by the samples.

Analysis. Each collected sample must be prepared and analyzed in

accordance with one or more of the methods listed in subsections

(a)(3)(C)(i) through (a)(3)(C)(ix) of this Section, including the

appropriate quality assurance and quality control (QA/QC) checks

and use of target compounds for calibration. If Method 25D in 40

CFR 60, appendix A, incorporated by reference in 35 Ill. Adm.

Code 720.111(b)

, is not used, then one or more methods should be

chosen that are appropriate to ensure that the waste determination

accounts for and reflects all organic compounds in the waste with

Henry’s law constant values at least 0.1 mole-fraction-in-the-gas-

phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) (which can also

be expressed as 1.8×10

-6

atmospheres/gram-mole/m

) at 25° C (77°

F). Each of the analytical methods listed in subsections

(a)(3)(C)(ii) through (a)(3)(C)(vii) of this Section has an associated

list of approved chemical compounds for which USEPA considers

the method appropriate for measurement. If an owner or operator

uses USEPA Method 624, 625, 1624, or 1625 in 40 CFR 136,

appendix A, incorporated by reference in 35 Ill. Adm. Code

720.111(b)

, to analyze one or more compounds that are not on that

method’s published list, the Alternative Test Procedure contained

328

in 40 CFR 136.4 and 136.5, incorporated by reference in 35 Ill.

Adm. Code 720.111(b)

, must be followed. If an owner or operator

uses USEPA Method 8260 or 8270 in “Test Methods for

Evaluating Solid Waste, Physical/Chemical Methods,”

, USEPA

Publication SW-846, incorporated by reference in 35 Ill. Adm.

Code 720.111(a)

, to analyze one or more compounds that are not

on that method’s published list, the procedures in subsection

(a)(3)(C)(viii) of this Section must be followed. At the owner’s or

operator’s discretion, the owner or operator may adjust test data

measured by a method other than Method 25D to the

corresponding average VO concentration value that would have

been obtained, had the waste samples been analyzed using Method

25D. To adjust these data, the measured concentration of each

individual chemical constituent contained in the waste is

multiplied by the constituent-specific adjustment factor (f

m25D

). If

the owner or operator elects to adjust test data, the adjustment must

be made to all individual chemical constituents with a Henry's law

constant value greater than or equal to 0.1 Y/X at 25° C contained in

the waste. Constituent-specific adjustment factors (f

m25D

) can be

obtained by contacting the USEPA, Waste and Chemical Processes

Group, Office of Air Quality Planning and Standards, Research

Triangle Park, NC 27711.

Method 25D in 40 CFR 60, appendix A, incorporated by

reference in 35 Ill. Adm. Code 720.111(b)

ii)

Method 624 in 40 CFR 136, appendix A, incorporated by

reference in 35 Ill. Adm. Code 720.111(b)

iii)

Method 625 in 40 CFR 136, appendix A, incorporated by

reference in 35 Ill. Adm. Code 720.111(b)

. Perform

corrections to the compounds for which the analysis is

being conducted based on the “accuracy as recovery” using

the factors in Table 7 of the method.

iv)

Method 1624 in 40 CFR 136, appendix A, incorporated by

reference in 35 Ill. Adm. Code 720.111(b)

Method 1625 in 40 CFR 136, appendix A, incorporated by

reference in 35 Ill. Adm. Code 720.111(b)

vi)

Method 8260 in “Test Methods for Evaluating Solid Waste,

Physical/Chemical Methods,”

, USEPA Publication SW-

846, incorporated by reference in 35 Ill. Adm. Code

720.111(a)

. Maintain a formal quality assurance program

consistent with the requirements of Method 8260. The

329

quality assurance program must include the elements set

forth in subsection (a)(3)(F) of this Section.

vii)

Method 8270 in “Test Methods for Evaluating Solid Waste,

Physical/Chemical Methods,”

, USEPA Publication SW-

846, incorporated by reference in 35 Ill. Adm. Code

720.111(a)

. Maintain a formal quality assurance program

consistent with the requirements of Method 8270. The

quality assurance program must include the elements set

forth in subsection (a)(3)(F) of this Section.

viii)

Any other USEPA standard method that has been validated

in accordance with “Alternative Validation Procedure for

USEPA Waste and Wastewater Methods,”

, 40 CFR 63,

appendix D, incorporated by reference in 35 Ill. Adm. Code

720.111(b)

. As an alternative, other USEPA standard

methods may be validated by the procedure specified in

subsection (a)(3)(C)(ix) of this Section.

ix)

Any other analysis method that has been validated in

accordance with the procedures specified in Section 5.1 or

Section 5.3, and the corresponding calculations in Section

6.1 or Section 6.3, of Method 301 in 40 CFR 63, appendix

A, incorporated by reference in 35 Ill. Adm. Code

720.111(b)

. The data are acceptable if they meet the

criteria specified in Section 6.1.5 or Section 6.3.3 of

Method 301. If correction is required under Section 6.3.3

of Method 301, the data are acceptable if the correction

factor is within the range 0.7 to 1.30. Other Sections of

Method 301 are not required.

Calculations.

The average VO concentration (

C ) on a mass-weighted

basis must be calculated by using the results for all waste

determinations conducted in accordance with subsections

(a)(3)(B) and (a)(3)(C) of this Section and the following

C = Average VO concentration of the hazardous

waste at the point of waste origination on a

mass-weighted basis, in ppmw

i =

Individual waste determination “i” of the

hazardous waste

n =

Total number of waste determinations of the

hazardous waste conducted for the

averaging period (not to exceed one year)

Mass quantity of the hazardous waste stream

represented by C

, in kg/hr.;

= Total mass quantity of the hazardous waste

during the averaging period, in kg/hr

.; and

Measured VO concentration of waste

determination “i,”

, as determined in

accordance with subsection (a)(3)(C) of this

Section (i.e., the average of the four or

more samples specified in subsection

(a)(3)(B)(ii) of this Section), in ppmw.

ii)

For the purpose of determining C

, for individual waste

samples analyzed in accordance with subsection (a)(3)(C)

of this Section, the owner or operator

shall must account

for VO concentrations determined to be below the limit of

detection of the analytical method by using the VO

concentration determined according to subsection (a)(3)(G)

of this Section.

Provided that the test method is appropriate for the waste as

required under subsection (a)(3)(C) of this Section, the Agency

must determine compliance based on the test method used by the

owner or operator as recorded pursuant to Section 725.990(f)(1).

The quality assurance program elements required under

subsections (a)(3)(C)(vi) and (a)(3)(C)(vii) of this Section are as

follows:

Documentation of site-specific procedures to minimize the

loss of compounds due to volatilization, biodegradation,

reaction, or sorption during the sample collection, storage,

preparation, introduction, and analysis steps.

331

ii)

Measurement of the overall accuracy and precision of the

specific procedures.

BOARD NOTE: Subsections (a)(3)(F)(i) and (a)(3)(F)(ii) are

derived from 40 CFR 265.984(a)(3)(iii)(F)(1), (a)(3)(iii)(F)(2),

(a)(3)(iii)(G)(1), and (a)(3)(iii)(G)(2), which the Board has

codified here to comport with Illinois Administrative Code format

requirements.

VO concentrations below the limit of detection must be considered

to be as follows:

If Method 25D in 40 CFR 60, appendix A, incorporated by

reference in 35 Ill. Adm. Code 720.111(b)

, is used for the

analysis, the VO concentration must be considered to be

one-half the blank value determined in the method at

Section 4.4 of Method 25D in 40 CFR 60, appendix A.

Use of owner or operator knowledge to determine average VO

concentration of a hazardous waste at the point of waste origination.

Documentation must be prepared that presents the information

used as the basis for the owner’s or operator’s knowledge of the

hazardous waste stream’s average VO concentration. Examples of

information that may be used as the basis for knowledge include

the following: material balances for the source or process

generating the hazardous waste stream; constituent-specific

chemical test data for the hazardous waste stream from previous

testing that are still applicable to the current waste stream;

previous test data for other locations managing the same type of

waste stream; or other knowledge based on information included in

manifests, shipping papers, or waste certification notices.

ii)

If any other analytical method is used, the VO

concentration must be considered to be one-half the sum of

the limits of detection established for each organic

constituent in the waste that has a Henry’s law constant

value at least 0.1 mole-fraction-in-the-gas-phase/mole-

fraction-in-the-liquid-phase (0.1 Y/X) (which can also be

expressed as 1.8 x 10

-6

atmospheres/gram-mole/m

) at 25°

BOARD NOTE: Subsections (a)(3)(G)(i) and (a)(3)(G)(ii) are

derived from 40 CFR 265.984(a)(3)(iv)(A)(1) and (a)(3)(iv)(A)(2),

which the Board has codified here to comport with Illinois

Administrative Code format requirements.

332

If test data are used as the basis for knowledge, then the owner or

operator

shall

must document the test method, sampling protocol,

and the means by which sampling variability and analytical

variability are accounted for in the determination of the average

VO concentration. For example, an owner or operator may use

organic concentration test data for the hazardous waste stream that

are validated in accordance with Method 301 in 40 CFR 63,

appendix A, incorporated by reference in 35 Ill. Adm. Code

720.111(b)

, as the basis for knowledge of the waste.

An owner or operator using chemical constituent-specific

concentration test data as the basis for knowledge of the hazardous

waste may adjust the test data to the corresponding average VO

concentration value that would have been obtained had the waste

samples been analyzed using Method 25D in 40 CFR 60, appendix

A, incorporated by reference in 35 Ill. Adm. Code 720.111(b)

. To

adjust these data, the measured concentration for each individual

chemical constituent contained in the waste is multiplied by the

appropriate constituent-specific adjustment factor (f

m25D

In the event that the Agency and the owner or operator disagree on

a determination of the average VO concentration for a hazardous

waste stream using knowledge, then the results from a

determination of average VO concentration using direct

measurement, as specified in subsection (a)(3) of this Section,

must be used to establish compliance with the applicable

requirements of this Subpart CC

. The Agency may perform or

request that the owner or operator perform this determination using

direct measurement. The owner or operator may choose one or

more appropriate methods to analyze each collected sample in

accordance with the requirements of subsection (a)(3)(C) of this

Section.

Waste determination procedures for treated hazardous waste.

An owner or operator

shall

must perform the applicable waste

determination for each treated hazardous waste placed in a waste

management unit exempted under the provisions of Section

725.983(c)(2)(A) through (c)(2)(F) from using air emission controls in

accordance with the standards specified in Sections 725.985 through

725.988, as applicable to the waste management unit.

An owner or operator

shall

must 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

333

the waste management unit exempt under Section 725.983(c)(2),

(c)(3), or (c)(4) from using air emission controls. Thereafter, an

owner or operator

shall

must update the information used for the

waste determination at least once every 12 months following the

date of the initial waste determination.

An owner or operator

shall

must 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 725.983 (c)(2), (c)(3), or

(c)(4) are not achieved.

The owner or operator

shall

must designate and record the specific

provision in Section 725.983(c)(2) under which the waste determination is

being performed. The waste determination for the treated hazardous waste

must be performed using the applicable procedures specified in

subsections (b)(3) through (b)(9) of this Section.

Procedure to determine the average VO concentration of a hazardous

waste at the point of waste treatment.

Identification. The owner or operator

shall

must identify and

record the point of waste treatment for the hazardous waste.

Sampling. Samples of the hazardous waste stream must be

collected at the point of waste treatment in such a manner that

volatilization of organics contained in the waste and in the

subsequent sample is minimized and an adequately representative

sample is collected and maintained for analysis by the selected

method.

The averaging period to be used for determining the

average VO concentration for the hazardous waste stream

on a mass-weighted average basis must be designated and

recorded. The averaging period can represent any time

interval that the owner or operator determines is

appropriate for the hazardous waste stream but must not

exceed one year.

ii)

A sufficient number of samples, but no fewer than four

samples, must be collected and analyzed for a hazardous

waste determination. All of the samples for a given waste

determination must be collected within a one-hour period.

The average of the four or more sample results constitutes a

waste determination for the hazardous waste stream. One

334

or more waste determinations may be required to represent

the complete range of waste compositions and quantities

that occur during the entire averaging period due to normal

variations in the operating conditions for the process

generating or treating the hazardous waste stream.

Examples of such normal variations are seasonal variations

in waste quantity or fluctuations in ambient temperature.

iii)

All samples must be collected and handled in accordance

with written procedures prepared by the owner or operator

and documented in a site sampling plan. This plan must

describe the procedure by which representative samples of

the hazardous waste stream are collected so that a

minimum loss of organics occurs throughout the sample

collection and handling process, and by which sample

integrity is maintained. A copy of the written sampling

plan must be maintained on-site in the facility operating

records. An example of an acceptable sampling plan

includes a plan incorporating sample collection and

handling procedures in accordance with the requirements

specified in “Test Methods for Evaluating Solid Waste,

Physical/Chemical Methods,” USEPA Publication No. SW-

846, incorporated by reference in 35 Ill. Adm. Code

720.111(a)

, or in Method 25D in 40 CFR 60, appendix A,

incorporated by reference in 35 Ill. Adm. Code 720.111(b)

iv)

Sufficient information, as specified in the “site sampling

plan” required under subsection (a)(3)(B)(iii) of this Section,

must be prepared and recorded to document the waste

quantity represented by the samples and, as applicable, the

operating conditions for the process treating the hazardous

waste represented by the samples.

Analysis. Each collected sample must be prepared and analyzed in

accordance with one or more of the methods listed in subsections

(b)(3)(C)(i) through (b)(3)(C)(ix) of this Section, including

appropriate quality assurance and quality control (QA/QC) checks

and use of target compounds for calibration. When the owner or

operator is making a waste determination for a treated hazardous

waste that is to be compared to an average VO concentration at the

point of waste origination or the point of waste entry to the

treatment system, to determine if the conditions of 35 Ill. Adm.

Code 724.982(c)(2)(A) through (c)(2)(F) or Section

725.983(c)(2)(A) through (c)(2)(F) are met, then the waste samples

must be prepared and analyzed using the same method or methods

as were used in making the initial waste determinations at the point

335

of waste origination or at the point of entry to the treatment

system. If Method 25D in 40 CFR 60, appendix A is not used,

then one or more methods should be chosen that are appropriate to

ensure that the waste determination accounts for and reflects all

organic compounds in the waste with Henry’s law constant values

at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the-

liquid-phase (0.1 Y/X) (which can also be expressed as 1.8×10

-6

atmospheres/gram-mole/m

) at 25 degrees Celsius. Each of the

analytical methods listed in subsections (b)(3)(C)(ii) through

(b)(3)(C)(vii) of this Section has an associated list of approved

chemical compounds, for which USEPA considers the method

appropriate for measurement. If an owner or operator uses USEPA

Method 624, 625, 1624, or 1625 in 40 CFR 136, appendix A,

incorporated by reference in 35 Ill. Adm. Code 720.111(b)

, to

analyze one or more compounds that are not on that method’s

published list, the Alternative Test Procedure contained in 40 CFR

136.4 and 136.5, incorporated by reference in 35 Ill. Adm. Code

720.111(b)

, must be followed. If an owner or operator uses

USEPA Method 8260 or 8270 in “Test Methods for Evaluating

Solid Waste, Physical/Chemical Methods,”,

USEPA Publication

SW-846, incorporated by reference in 35 Ill. Adm. Code

720.111(a)

, to analyze one or more compounds that are not on that

method’s published list, the procedures in subsection

(b)(3)(C)(viii) of this Section must be followed. At the owner’s or

operator’s discretion, the owner or operator may adjust test data

measured by a method other than Method 25D to the

corresponding average VO concentration value that would have

been obtained, had the waste samples been analyzed using Method

25D. To adjust these data, the measured concentration of each

individual chemical constituent contained in the waste is

multiplied by the constituent-specific adjustment factor (f

m25D

). If

the owner or operator elects to adjust test data, the adjustment must

be made to all individual chemical constituents with a Henry's law

constant value greater than or equal to 0.1 Y/X at 25° C contained in

the waste. Constituent-specific adjustment factors (f

m25D

) can be

obtained by contacting the USEPA, Waste and Chemical Processes

Group, Office of Air Quality Planning and Standards, Research

Triangle Park, NC 27711.

Method 25D in 40 CFR 60, appendix A, incorporated by

reference in 35 Ill. Adm. Code 720.111(b)

ii)

Method 624 in 40 CFR 136, appendix A, incorporated by

reference in 35 Ill. Adm. Code 720.111(b)

iii)

Method 625 in 40 CFR 136, appendix A, incorporated by

336

reference in 35 Ill. Adm. Code 720.111(b)

. Perform

corrections to the compounds for which the analysis is

being conducted based on the “accuracy as recovery” using

the factors in Table 7 of the method.

iv)

Method 1624 in 40 CFR 136, appendix A, incorporated by

reference in 35 Ill. Adm. Code 720.111(b)

Method 1625 in 40 CFR 136, appendix A, incorporated by

reference in 35 Ill. Adm. Code 720.111(b)

vi)

Method 8260 in “Test Methods for Evaluating Solid Waste,

Physical/Chemical Methods,”,

USEPA Publication SW-

846, incorporated by reference in 35 Ill. Adm. Code

720.111(a)

. Maintain a formal quality assurance program

consistent with the requirements of Method 8260. The

quality assurance program must include the elements set

forth in subsection (b)(3)(E) of this Section.

vii)

Method 8270 in “Test Methods for Evaluating Solid Waste,

Physical/Chemical Methods,”,

USEPA Publication SW-

846, incorporated by reference in 35 Ill. Adm. Code

720.111(a)

. Maintain a formal quality assurance program

consistent with the requirements of Method 8270. The

quality assurance program must include the elements set

forth in subsection (b)(3)(E) of this Section.

viii)

Any other USEPA standard method that has been validated

in accordance with “Alternative Validation Procedure for

EPA Waste and Wastewater Methods,”,

40 CFR 63,

appendix D, incorporated by reference in 35 Ill. Adm. Code

720.111(b)

. As an alternative, other USEPA standard

methods may be validated by the procedure specified in

subsection (b)(3)(C)(ix) of this Section.

ix)

Any other analysis method that has been validated in

accordance with the procedures specified in Section 5.1 or

Section 5.3, and the corresponding calculations in Section

6.1 or Section 6.3, of Method 301 in 40 CFR 63, appendix

, incorporated by reference in 35 Ill. Adm. Code

720.111(b). The data are acceptable if they meet the

criteria specified in Section 6.1.5 or Section 6.3.3 of

Method 301. If correction is required under Section 6.3.3

of Method 301, the data are acceptable if the correction

factor is within the range 0.7 to 1.30. Other Sections of

Method 301 are not required.

337

Calculations. The average VO concentration (

C ) on a mass-

weighted basis must be calculated by using the results for all

samples analyzed in accordance with subsection (b)(3)(C) of this

Section and the following equation:

C = Average VO concentration of the hazardous waste

at the point of waste treatment on a mass-weighted

basis, in ppmw

i =

Individual determination “i” of the hazardous

waste

n =

Total number of waste determinations of the

hazardous waste collected for the averaging period

(not to exceed 1 year)

Mass quantity of the hazardous waste stream

represented by C

, in kg/hr.;

= Total mass quantity of hazardous waste during the

averaging period, in kg/hr

.; and

Measured VO concentration of waste

determinations “i,”

, as determined in accordance

with the requirements of subsection (b)(3)(C) of this

Section (i.e., the average of the four or more

samples specified in subsection (b)(3)(B)(ii) of this

Section), in ppmw.

Provided that the test method is appropriate for the waste as

required under subsection (b)(3)(C) of this Section, compliance

must be determined based on the test method used by the owner or

operator as recorded pursuant to Section 725.990(f)(1).

Procedure to determine the exit concentration limit (C

) for a treated

hazardous waste.

The point of waste origination for each hazardous waste treated by

338

the process at the same time must be identified.

If a single hazardous waste stream is identified in subsection

(b)(4)(A) of this Section, then the exit concentration limit (C

)

must be 500 ppmw.

If more than one hazardous waste stream is identified in subsection

(b)(4)(A) of this Section, then the average VO concentration of

each hazardous waste stream at the point of waste origination must

be determined in accordance with the requirements of subsection

(a) of this Section. The exit concentration limit (C

) must be

calculated by using the results determined for each individual

hazardous waste stream and the following equation:

Exit concentration limit for treated hazardous waste,

in ppmw

;

x =

Individual hazardous waste stream “x” that has an

average VO concentration less than 500 ppmw at

the point of waste origination, as determined in

accordance with the requirements of subsection (a)

of this Section

y =

Individual hazardous waste stream “y” that has an

average VO concentration equal to or greater than

500 ppmw at the point of waste origination, as

determined in accordance with the requirements of

subsection (a) of this Section

m =

Total number of “x” hazardous waste streams

treated by process

n =

Total number of “y” hazardous waste streams

treated by process

339

= Annual mass quantity of hazardous waste stream

“x,”

, in kg/yr.;

= Annual mass quantity of hazardous waste stream

“y,”

, in kg/yr.; and

= Average VO concentration of hazardous waste

stream “x” at the point of waste origination, as

determined in accordance with the requirements of

subsection (a) of this Section, in ppmw.

Procedure to determine the organic reduction efficiency (R) for a treated

hazardous waste.

The organic reduction efficiency (R) for a treatment process must

be determined based on results for a minimum of three consecutive

runs.

All hazardous waste streams entering the process and all hazardous

waste streams exiting the treatment process must be identified.

The owner or operator

shall

must prepare a sampling plan for

measuring these streams that accurately reflects the retention time

of the hazardous waste in the process.

For each run, information must be determined for each hazardous

waste stream identified in subsection (b)(5)(B) of this Section,

using the following procedures:

The mass quantity of each hazardous waste stream entering

the process (Q

) and the mass quantity of each hazardous

waste stream exiting the process (Q

) must be determined.

;

and

ii)

The average VO concentration at the point of waste

origination of each hazardous waste stream entering the

process (C

) during the run must be determined in

accordance with the requirements of subsection (a)(3) of

this Section. The average VO concentration at the point of

waste treatment of each hazardous waste stream exiting the

process (C

) during the run must be determined in

accordance with the requirements of subsection (b)(3) of

this Section.

The waste volatile organic mass flow entering the process (E

) and

the waste volatile organic mass flow exiting the process (E

) must

be calculated by using the results determined in accordance with

340

subsection (b)(5)(C) of this Section and the following equations:

Waste volatile organic mass flow exiting the

process, in kg/hr

= Waste volatile organic mass flow entering the

process, in kg/hr

m =

Total number of runs (at least 3)

j =

Individual run “j.”

;

= Mass quantity of hazardous waste entering the

process during run “j,”

, in kg/hr.;

= Average mass quantity of waste exiting the process

during run “j,”

, in kg/hr.;

= Average VO concentration of hazardous waste

exiting the process during run “j,”

, as determined in

accordance with the requirements of subsection

(b)(3) of this Section, in ppmw

.; and

= Average VO concentration of hazardous waste

entering the process during run “j,”

, as determined

in accordance with the requirements of subsection

725.984 (a)(3) of this Section, in ppmw.

The organic reduction efficiency of the process must be calculated

by using the results determined in accordance with subsection

(b)(5)(D) of this Section and the following equation:

Organic reduction efficiency, in percent

= Waste volatile organic mass flow entering the

process,

as determined in accordance with the

requirements of subsection (b)(5)(D) of this

Section, in kg/hr

.; and

Waste volatile organic mass flow exiting the

process, as determined in accordance with the

requirements of subsection (b)(5)(D) of this

Section, in kg/hr.

Procedure to determine the organic biodegradation efficiency (R

bio

) for a

treated hazardous waste.

The fraction of organics biodegraded (F

bio

) must be determined

using the procedure specified in 40 CFR 63, appendix C,

incorporated by reference in 35 Ill. Adm. Code 720.111(b)

The organic biodegradation efficiency (R

bio

) must be calculated by

using the following equation:

= Organic biodegradation efficiency, in percent.; and

bio

= Fraction of organic biodegraded, as determined in

accordance with the requirements of subsection

(b)(6)(A) of this Section.

Procedure to determine the required organic mass removal rate (RMR) for

a treated hazardous waste.

All of the hazardous waste streams entering the treatment process

must be identified.

The average VO concentration of the hazardous waste stream at

the point of waste origination must be determined in accordance

342

with the requirements of subsection (a) of this Section.

For each individual hazardous waste stream that has an average

volatile organic concentration equal to or greater than 500 ppmw at

the point of waste origination, the average volumetric flow rate of

hazardous waste and the density of the hazardous waste stream at

the point of waste origination must be determined.

The required organic mass removal rate (RMR) for the hazardous

waste must be calculated by using the average VO concentration,

average volumetric flow rate, and density determined for each

individual hazardous waste stream, and the following equation:

RMR = Required organic mass removal rate, in kg/hr

y =

Individual hazardous waste stream “y” that has an

average volatile organic (VO) concentration equal

to or greater than 500 ppmw at the point of waste

origination, as determined in accordance with the

requirements of subsection (a) of this Section

n =

Total number of “y” hazardous waste streams

treated by process

= Average volumetric flow rate of hazardous waste

stream “y” at the point of waste origination, in

/hr.;

Density of hazardous waste stream “y,”, in kg/m

and

Average VO concentration of hazardous

waste stream “y” at the point of waste origination,

as determined in accordance with the requirements

of subsection (a) of this Section, in ppmw.

Procedure to determine the actual organic mass removal rate (MR) for a treated

hazardous waste.

343

The actual organic mass removal rate (MR) must be determined

based on results for a minimum of three consecutive runs. The

sampling time for each run must be one hour.

The waste volatile organic mass flow entering the process (E

) and

the waste volatile organic mass flow exiting the process (E

) must

be determined in accordance with the requirements of subsection

(b)(5)(D) of this Section.

The actual organic mass removal rate (MR) must be calculated by

using the mass flow rate determined in accordance with the

requirements of subsection (b)(8)(B) of this Section and the

MR = Actual organic mass removal rate, in kg/hr

= Waste volatile organic mass flow entering the

process, as determined in accordance with the

requirements of subsection (b)(5)(D) of this

Section, in kg/hr

.; and

Waste volatile organic mass flow exiting the

process, as determined in accordance with the

requirements of subsection (b)(5)(D) of this

Section, in kg/hr.

Procedure to determine the actual organic mass biodegradation rate

(MR

bio

) for a treated hazardous waste.

The actual organic mass biodegradation rate (MR

bio

) must be

determined based on results for a minimum of three consecutive

runs. The sampling time for each run must be one hour.

The waste organic mass flow entering the process (E

) must be

determined in accordance with the requirements of subsection

(b)(5)(D) of this Section.

The fraction of organic biodegraded (F

bio

) must be determined

using the procedure specified in 40 CFR 63, appendix C,

incorporated by reference in 35 Ill. Adm. Code 720.111(b)

The actual organic mass biodegradation rate (MR

bio

) must be

344

calculated by using the mass flow rates and fraction of organic

biodegraded, as determined in accordance with the requirements of

subsections (b)(9)(B) and (b)(9)(C) of this Section, respectively,

and the following equation:

bio

Where:

bio

= Actual organic mass biodegradation rate, in kg/hr.;

= Waste organic mass flow entering the process, as

determined in accordance with the requirements of

subsection (b)(5)(D) of this Section, in kg/hr

.; and

bio

= Fraction of organic biodegraded, as determined in

accordance with the requirements of subsection

(b)(9)(C) of this Section.

Procedure to determine the maximum organic vapor pressure of a hazardous

waste in a tank.

An owner or operator

shall

must 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 725.985(c).

An owner or operator

shall must use either direct measurement, as

specified in subsection (c)(3) of this Section, or knowledge of the waste,

as specified by subsection (c)(4) of this Section, to determine the

maximum organic vapor pressure that is representative of the hazardous

waste composition stored or treated in the tank.

Direct measurement to determine the maximum organic vapor pressure of

a hazardous waste.

Sampling. A sufficient number of samples must be collected to be

representative of the waste contained in the tank. All samples

must be conducted and handled in accordance with written

procedures prepared by the owner or operator and documented in a

site sampling plan. This plan must describe the procedure by

which representative samples of the hazardous waste are collected

so that a minimum loss of organics occurs throughout the sample

collection and handling process and by which sample integrity is

maintained. A copy of the written sampling plan must be

maintained on-site in the facility operating records. An example of

an acceptable sampling plan includes a plan incorporating sample

345

collection and handling procedures in accordance with the

requirements specified in “Test Methods for Evaluating Solid

Waste, Physical/Chemical Methods,”,

USEPA Publication No.

SW-846, incorporated by reference in 35 Ill. Adm. Code

720.111(a)

, or in Method 25D in 40 CFR 60, appendix A,

incorporated by reference in 35 Ill. Adm. Code 720.111(b)

Analysis. Any appropriate one of the following methods may be

used to analyze the samples and compute the maximum organic

vapor pressure of the hazardous waste:

Method 25E in 40 CFR 60, appendix A, incorporated by

reference in 35 Ill. Adm. Code 720.111(b)

;

ii)

Methods described in American Petroleum Institute

Publication 2517, incorporated by reference in 35 Ill. Adm.

Code 720.111(a)

;

iii)

Methods obtained from standard reference texts;

iv)

ASTM Method D 2879-92, incorporated by reference in 35

Ill. Adm. Code 720.111(a)

; or

Any other method approved by the Agency.

Use of knowledge to determine the maximum organic vapor pressure of

the hazardous waste. Documentation must be prepared and recorded that

presents the information used as the basis for the owner’s or operator’s

knowledge that the maximum organic vapor pressure of the hazardous

waste is less than the maximum vapor pressure limit listed in Section

725.985(b)(1)(A) for the applicable tank design capacity category. An

example of information that may be used is documentation that the

hazardous waste is generated by a process for which at other locations it

previously has been determined by direct measurement that the waste

maximum organic vapor pressure is less than the maximum vapor pressure

limit for the appropriate tank design capacity category.

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

complying with this Subpart CC

is as follows:

The test must be conducted in accordance with the procedures specified in

Method 21 of 40 CFR 60, appendix A, incorporated by reference in 35 Ill.

Adm. Code 720.111(b)

. Each potential leak interface (i.e., a location

where organic vapor leakage could occur) on the cover and associated

closure devices must be checked. Potential leak interfaces that are

associated with covers and closure devices include, but are not limited to,

346

any of the following: the interface of the cover and its foundation

mounting, the periphery of any opening on the cover and its associated

closure device, and the sealing seat interface on a spring-loaded pressure

relief valve.

The test must be performed when the unit contains a hazardous waste

having an organic concentration representative of the range of

concentrations for the hazardous waste expected to be managed in the

unit. During the test, the cover and closure devices must be secured in the

closed position.

The detection instrument must meet the performance criteria of Method 21

of 40 CFR 60, appendix A, incorporated by reference in 35 Ill. Adm. Code

720.111(b)

, except the instrument response factor criteria in Section

3.1.2(a) of Method 21 must be for the average composition of the organic

constituents in the hazardous waste placed in the waste management unit,

not for each individual organic constituent.

The detection instrument must be calibrated before use on each day of its

use by the procedures specified in Method 21 of 40 CFR 60, appendix A,

incorporated by reference in 35 Ill. Adm. Code 720.111(b)

Calibration gases must be as follows:

Zero air (less than 10 ppmv hydrocarbon in air), and

A mixture of methane or n-hexane in air at a concentration of

approximately, but less than, 10,000 ppmv methane or n-hexane.

The background level must be determined according to the procedures in

Method 21 of 40 CFR 60, appendix A, incorporated by reference in 35 Ill.

Adm. Code 720.111(b)

Each potential leak interface must be checked by traversing the instrument

probe around the potential leak interface as close to the interface as

possible, as described in Method 21 of 40 CFR 60, appendix A,

incorporated by reference in 35 Ill. Adm. Code 720.111(b)

. In the case

when the configuration of the cover or closure device prevents a complete

traverse of the interface, all accessible portions of the interface must be

sampled. In the case when the configuration of the closure device

prevents any sampling at the interface and the device is equipped with an

enclosed extension or horn (e.g., some pressure relief devices), the

instrument probe inlet must be placed at approximately the center of the

exhaust area to the atmosphere.

The arithmetic difference between the maximum organic concentration

347

indicated by the instrument and the background level must be compared

with the value of 500 ppmv except when monitoring a seal around a

rotating shaft that passes through a cover opening, in which case the

comparison must be as specified in subsection (d)(9) of this Section. If

the difference is less than 500 ppmv, then the potential leak interface is

determined to operate with no detectable organic emissions.

For the seals around a rotating shaft that passes through a cover opening,

the arithmetic difference between the maximum organic concentration

indicated by the instrument and the background level must be compared

with the value of 10,000 ppmw. If the difference is less than 10,000

ppmw, then the potential leak interface is determined to operate with no

detectable organic emissions.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.985

Standards: Tanks

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

tanks for which Section 725.983(b) references the use of this Section for such air

emission control.

The owner or operator

shall

must 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

which

that meets all of the

conditions specified in subsections (b)(1)(A) through (b)(1)(C) of this

Section, the owner or operator shall

must 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

(5333 ft

or 39,887 gal), the maximum organic vapor

pressure limit for the tank is 5.2 kPa (0.75 psia or 39 mm

Hg);

ii)

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

(2649 ft

or 19,810 gal) but less than 151 m

(5333 ft

39,887 gal), the maximum organic vapor pressure limit for

the tank is 27.6 kPa (4.0 psia or 207 mm Hg); or

348

iii)

For a tank design capacity less than 75 m

(2649 ft

19,810 gal), the maximum organic vapor pressure limit for

the tank is 76.6 kPa (11.1 psia or 574 mm Hg).

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 hazardous waste in the tank is not treated by the owner or

operator using a waste stabilization process, as defined in Section

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

must 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 the following: 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

An owner or operator controlling air pollutant emissions

from a tank using Tank Level 1 controls shall

must meet the requirements

specified in subsections (c)(1) through (c)(4) of this Section:

The owner or operator shall

must 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 725.984(c). Thereafter, the owner or

operator shall

must 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

349

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 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

must be either:

The opening or manifold system is equipped with a closure

device designed to operate so that when the closure device

is secured in the closed position there are no visible cracks,

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

between the perimeter of the opening and the closure

device; or

ii)

The opening or manifold system is connected by a closed-

vent system that is vented to a control device. The control

device must remove or destroy organics in the vent stream,

and it must be operating whenever hazardous waste is

managed in the tank, except as provided for in subsection

(c)(2)(E).

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 which 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 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

350

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

must promptly secure the closure device in

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

resume operation of the control device; and

BOARD NOTE: Subsections (c)(2)(E)(i) and (c)(2)(E)(ii) are

derived from 40 CFR 265.985(c)(2)(iii)(B)(1) and (c)(2)(iii)(B)(2),

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:

ii)

During periods of routine inspection, maintenance, or other

activities needed for normal operations, and for the removal

of accumulated sludge or other residues from the bottom of

the tank.

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 must

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 tank.

Opening of a spring-loaded pressure-vacuum relief valve,

conservation vent, or similar type of pressure relief device 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

351

opens must be established 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 Section 725.981, is

allowed at any time conditions require doing so to avoid an unsafe

condition.

The owner or operator

shall must 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 must 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 must 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

must

repair the defect in accordance with the requirements of

subsection (k) of this Section.

The owner or operator

shall must maintain a record of the

inspection in accordance with the requirements specified in

Section 725.990(b).

Owners and operators An owner or operator controlling air pollutant emissions

from a tank using Tank Level 2 controls

shall must use one of the following

tanks:

352

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 must 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 Section 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

353

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

and

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 must 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

.; and

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 are to 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 must 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, the

following: when the internal floating roof is not floating on the

surface of the liquid inside the tank; when liquid has accumulated

354

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 must 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 must 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 must 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

; and

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 must notify the Agency as soon as possible,

355

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 Regional

Administrator at least seven calendar days before refilling

the tank

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

shall

must repair the defect in accordance with the requirements of

subsection (k) of this Section

.; and

The owner or operator

shall must maintain a record of the

inspection in accordance with the requirements specified in

Section 725.990(b).

Safety devices, as defined in Section 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

shall must meet the requirements specified in subsections

(f)(1) through (f)(3) of this Section.

The owner or operator shall

must 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 Section 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 in

per foot) of tank diameter, and the width of any

portion of these gaps must not exceed 3.8 centimeters (cm)

(1.5 inches). 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

356

extends a vertical distance of at least 61 centimeters (24

inches) 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

per meter (1.0 in

per foot) of tank diameter, and the

width of any portion of these gaps must not exceed 1.3 cm

(0.5 inch)

; and

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 that closes off the liquid surface from

the atmosphere

; and

ix)

Each gauge hatch and each sample well must be equipped

357

with a gasketed cover.

The owner or operator shall

must 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

; and

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

must inspect the external floating roof in

accordance with the procedures specified as follows:

The owner or operator

shall

must measure the external floating

roof seal gaps in accordance with the following requirements:

The owner or operator shall

must perform measurements of

gaps between the tank wall and the primary seal within 60

358

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

must 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

must determine the total

surface area of gaps in the primary seal and in the

secondary seal individually using the procedure set forth in

subsection (f)(4)(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 must repair the defect in accordance

with the requirements of subsection (k) of this Section

; and

vi)

The owner or operator

shall

must maintain a record of the

inspection in accordance with the requirements specified in

Section 725.990(b)

;

The owner or operator

shall

must 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: 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

must perform an initial

359

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

must 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 must repair the defect in accordance with the

requirements of subsection (k) of this Section.

; and

iv)

The owner or operator

shall

must maintain a record of the

inspection in accordance with the requirements specified in

Section 725.990(b)

;

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

(f)(3)(B) of this Section, the owner or operator shall

must 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

must 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

; and

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

must 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,

360

may be sent so that it is received by the Regional

Administrator at least seven calendar days before refilling

the tank

; and

Procedure for determining gaps in the primary seal and in the

secondary seal for the purposes of subsection (f)(3)(A)(iv) of this

Section:

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 (¼-inch) 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 this subsection (f)(3), 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

; and

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

; and

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

derived from 40 CFR 265.1085(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 Section 725.981, may be installed and

operated as necessary on any tank complying with the requirements of this

subsection (f).

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

the tank to a control device

shall

must meet the requirements specified in

subsections (g)(1) through (g)(3) of this Section.

361

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 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

; and

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

operated in accordance with the requirements of Section 725.988.

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:

362

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

must promptly

secure the closure device in the closed position or reinstall

the cover, as applicable, to the tank

; and

ii)

To remove accumulated sludge or other residues from the

bottom of a tank

; and

Opening of a safety device, as defined in Section 725.981, is

allowed at any time conditions require doing so to avoid an unsafe

condition.

The owner or operator shall

must 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 725.988

;

The owner or operator

shall

must 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

must 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

must

repair the defect in accordance with the requirements of

subsection (k) of this Section

; and

The owner or operator

shall

must maintain a record of the

inspection in accordance with the requirements specified in

Section 725.990(b).

363

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 725.984(d)

; and

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 under

either of the following two conditions:

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

Section 725.981, is required to avoid an unsafe condition

; and

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

shall

must 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(b)

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

must 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

364

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 725.988

;

Safety devices, as defined in Section 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

; and

The owner or operator shall

must inspect and monitor the closed-vent

system and control device, as specified in Section 725.988.

The owner or operator shall

must 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 725.986 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 Subpart RR of

CFR 63, subpart RR

, “National Emission Standards for Individual Drain

Systems,”,

incorporated by reference in 35 Ill. Adm. Code 720.111(b).;

and

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 725.983(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

725.983(c)(2)

; and

The hazardous waste meets the requirements of Section

725.983(c)(4).

The owner or operator shall

must 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

must make first efforts at repair of the defect

365

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.

; and

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

must 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 CC

, subsequent inspection and monitoring

may be performed at intervals longer than one year under the following special

conditions:

Where 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

;

and

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 CC

, as frequently as practicable during

those times when a worker can safely access the cover

; and

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 29 Ill. Reg. ________, effective ______________________)

Section 725.986

Standards: Surface Impoundments

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

surface impoundments for which Section 725.983(b) of this Subpart CC

references the use of this Section for such air emission control.

366

The owner or operator shall must control air pollutant emissions from the surface

impoundment by installing and operating either of the following:

A floating membrane cover in accordance with the provisions specified in

subsection (c) of this Section; or

A cover that is vented through a closed-vent system to a control device in

accordance with the requirements specified in subsection (d) of this

Section.

The owner or operator that controls air pollutant emissions from a surface

impoundment using a floating membrane cover must meet the requirements

specified in subsections (c)(1) through (c)(3) of this Section.

The surface impoundment must be equipped with a floating membrane

cover designed to meet the following specifications:

The floating membrane cover must be designed to float on the

liquid surface during normal operations and form a continuous

barrier over the entire surface area of the liquid

;

The cover must be fabricated from a synthetic membrane material

that is either of the following

High density polyethylene (HDPE) with a thickness no less

than 2.5 millimeters (mm) (0.10 inch); or

ii)

A material or a composite of different materials determined

to have both organic permeability properties that are

equivalent to those of the material listed in subsection

(c)(1)(B)(i) of this Section and chemical and physical

properties that maintain the material integrity for the

intended service life of the material

;

The cover must be installed in a manner such that there are no

visible cracks, holes, gaps, or other open spaces between cover

section seams or between the interface of the cover edge and its

foundation mountings

;

Except as provided for in subsection (c)(1)(E) of this Section, each

opening in the floating membrane cover must be equipped with a

closure device so designed as to operate 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

;

367

The floating membrane cover may be equipped with one or more

emergency cover drains for removal of stormwater. Each

emergency cover drain must be equipped with a slotted membrane

fabric cover that covers at least 90 percent of the area of the

opening or a flexible fabric sleeve seal.

; and

The 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 closure

devices throughout their intended service life. Factors to be

considered when selecting the materials of construction and

designing the cover and closure devices must include the

following: the organic vapor permeability; the effects of any

contact with the liquid and its vapor managed in the surface

impoundment; the effects of outdoor exposure to wind, moisture,

and sunlight; and the operating practices used for the surface

impoundment on which the floating membrane cover is installed.

Whenever a hazardous waste is in the surface impoundment, the floating

membrane cover must float on the liquid and each closure device must be

secured in the closed position,

except as follows:

Opening of closure devices or removal of the cover is allowed at

the following times:

To provide access to the surface impoundment 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 surface impoundment, or

when a worker needs to open a hatch to maintain or repair

equipment. Following completion of the activity, the

owner or operator

shall

must promptly replace the cover

and secure the closure device in the closed position, as

applicable

; or

ii)

To remove accumulated sludge or other residues from the

bottom of surface impoundment

.; and

Opening of a safety device, as defined in Section 725.981, is

allowed at any time conditions require doing so to avoid an unsafe

condition.

The owner or operator

shall must inspect the floating membrane cover in

accordance with the following procedures:

368

The floating membrane cover 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 cover section

seams or between the interface of the cover edge and its foundation

mountings; 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 must perform an initial inspection of

the floating membrane cover and its closure devices on or before

the date that the surface impoundment becomes subject to this

Section. Thereafter, the owner or operator

shall must perform the

inspections at least once every year except for the special

conditions provided for in subsection (g) of this Section

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

shall

must

repair the defect in accordance with the requirements of

subsection (f) of this Section.; and

The owner or operator

shall must maintain a record of the

inspection in accordance with the requirements specified in

Section 725.990(c).

The owner or operator that controls air pollutant emissions from a surface

impoundment using a cover vented to a control device

shall must meet the

requirements specified in subsections (d)(1) through (d)(3) of this Section.

The surface impoundment must be covered by a cover and vented directly

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

following requirements:

The cover and its closure devices must be designed to form a

continuous barrier over the entire surface area of the liquid in the

surface impoundment

Each opening in the cover not vented to the control device must be

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

headspace underneath the cover is less than atmospheric pressure

when the control device is operating, the closure devices must be

designed to operate such 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 cover is equal to or greater than

atmospheric pressure when the control device is operating, the

369

closure device must be designed to operate with no detectable

organic emissions using the procedure specified in Section

725.984(d)

The cover 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 which will maintain the

integrity of the cover and closure devices throughout their intended

service life. Factors to be considered when selecting the materials

of construction and designing the cover and closure devices must

include the following: the organic vapor permeability; the effects

of any contact with the liquid or its vapors managed in the surface

impoundment; the effects of outdoor exposure to wind, moisture,

and sunlight; and the operating practices used for the surface

impoundment on which the cover is installed

.; and

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

operated in accordance with the requirements of Section 725.988.

Whenever a hazardous waste is in the surface impoundment, the cover

must be installed with each closure device secured in the closed position

and the vapor headspace underneath the cover 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 cover is allowed at the following

times:

To provide access to the surface impoundment 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 surface impoundment, or

when a worker needs to open a hatch to maintain or repair

equipment. Following completion of the activity, the

owner or operator

shall must promptly secure the closure

device in the closed position or reinstall the cover, as

applicable, to the surface impoundment

.; or

ii)

To remove accumulated sludge or other residues from the

bottom of the surface impoundment

.; and

Opening of a safety device, as defined in Section 725.981, is

allowed at any time conditions require doing so to avoid an unsafe

condition.

370

The owner or operator shall must inspect and monitor the air emission

control equipment in accordance with the following procedures:

The surface impoundment cover 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 cover section

seams or between the interface of the cover edge and its foundation

mountings; 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 725.988

;

The owner or operator

shall

must perform an initial inspection of

the air emission control equipment on or before the date that the

surface impoundment becomes subject to this Section. Thereafter,

the owner or operator shall

must perform the inspections at least

once every year except for the special conditions provided for in

subsection (g) of this Section

;

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

must

repair the defect in accordance with the requirements of

subsection (f) of this Section.

; and

The owner or operator

shall must maintain a record of the

inspection in accordance with the requirements specified in

Section 725.990(c).

The owner or operator

shall

must transfer hazardous waste to a surface

impoundment subject to this Section in accordance with the following

requirements:

Transfer of hazardous waste, except as provided in subsection (e)(2) of

this Section, to the surface impoundment from another surface

impoundment subject to this Section or from a tank subject to Section

725.985 must be conducted using continuous hard-piping or another

closed system that does not allow exposure of the 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 Subpart RR of

40 CFR 63, subpart RR, “National Emission Standards

for Individual Drain Systems,”,

incorporated by reference in 35 Ill. Adm.

Code 720.111(b)

.; and

371

The requirements of subsection (e)(1) of this Section do not apply when

transferring a hazardous waste to the surface impoundment under any of

the following conditions:

The hazardous waste meets the average VO concentration

conditions specified in Section 725.983(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

725.983(c)(2)

; or

The hazardous waste meets the requirements of Section

725.983(c)(4).

The owner or operator

shall

must repair each defect detected during an inspection

performed in accordance with the requirements of subsection (c)(3) or (d)(3) of

this Section as follows:

The owner or operator shall

must 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 (f)(2) of this Section

; and

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 surface impoundment and no

alternative capacity is available at the site to accept the hazardous waste

normally managed in the surface impoundment. In this case, the owner or

operator shall

must 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 CC

, subsequent inspection and monitoring

may be performed at intervals longer than one year in the case when inspecting or

monitoring the cover would expose a worker to dangerous, hazardous, or other

unsafe conditions. In this case, the owner or operator may designate the 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

; and

Develop and implement a written plan and schedule to inspect and

372

monitor the cover using the procedures specified in the applicable Section

of this Subpart CC

as frequently as practicable during those times when a

worker can safely access the cover.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.987

Standards: Containers

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

containers for which Section 725.983(b) references the use of this Section for

such air emission control.

General requirements.

The owner or operator

shall

must 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 following

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

must 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

must

control air pollutant emissions from the container in

accordance with the Container Level 1 standards specified in

subsection (c) of this Section.

; and

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

must

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

must 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.

373

Container Level 1 standards.

A container using Container Level 1 controls is one of the following:

A container that meets the applicable 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)

; and

An open-top container in which an organic-vapor suppressing

barrier is placed on or over the hazardous waste in the container 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

must 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:

374

In the case when the container is filled to the intended final

level in one continuous operation, the owner or operator

shall

must promptly secure the closure devices in the closed

position and install the covers, as applicable to the

container, upon conclusion of the filling operation

; and

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

must 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)

; and

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

must

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

375

container. Following completion of the activity, the owner or

operator shall

must 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 that

vents to the atmosphere is allowed during normal operations for

the purpose of maintaining the container internal pressure in

accordance with the design specifications of the container. 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 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

; and

Opening of a safety device, as defined in Section 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 must

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

must 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

376

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 Appendix

A to 35 Ill. Adm. Code 722.Appendix A (USEPA Forms 8700-22

and 8700-22A), as required under Section 725.171. If a defect is

detected, the owner or operator shall

must 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

must 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

must repair the defect in accordance

with the requirements of subsection (c)(4)(C) of this Section.

; and

When a defect is detected in the container, cover, or closure

devices, the owner or operator shall

must 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

must 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 USDOT 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 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 Section 725.981, and determined in accordance with the

procedure specified in subsection (g) of this Section

; and

377

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(b)

, in

accordance with the procedure specified in subsection (h) of this

Section.

Transfer of hazardous waste into 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

must 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

must promptly secure the closure devices in the closed

position and install the covers, as applicable to the

container, upon conclusion of the filling operation

; and

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

must 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

378

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)

; and

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

must

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

must 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 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 emission

when the device is secured in the closed position. The settings at

which the device opens must be established 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

379

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

; and

Opening of a safety device, as defined in Section 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 2 controls

shall

must 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

must 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 Appendix

A to 35 Ill. Adm. Code 722.Appendix A (USEPA Forms 8700-22

and 8700-22A), as required under Section 725.171. If a defect is

detected, the owner or operator shall

must repair the defect in

accordance with the requirements of subsection (d)(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

must 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

380

devices are secured in the closed position. If a defect is detected,

the owner or operator shall

must repair the defect in accordance

with the requirements of subsection (d)(4)(C) of this Section.

; and

When a defect is detected in the container, cover, or closure

devices, the owner or operator shall

must 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.

Container Level 3 standards.

A container using Container Level 3 controls is one of the following:

A container that is vented directly through a closed-vent system to

a control device in accordance with the requirements of subsection

(e)(2)(B) of this Section

; or

A container that is vented inside an enclosure

which

that is

exhausted through a closed-vent system to a control device in

accordance with the requirements of subsections (e)(2)(A) and

(e)(2)(B) of this Section.

The owner or operator shall

must meet the following requirements, as

applicable to the type of air emission control equipment selected by the

owner or operator:

The container 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(b)

. The enclosure may have permanent or temporary

openings to allow worker access; passage of containers through the

enclosure by conveyor or other mechanical means; entry of

permanent mechanical or electrical equipment; or direct airflow

into the enclosure. The owner or operator shall

must 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

; and

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

381

operated in accordance with the requirements of Section 725.988.

Safety devices, as defined in Section 725.981, may be installed and

operated as necessary on any container, enclosure, closed-vent system, or

control device used to comply with the requirements of subsection (e)(1)

of this Section.

Owners and operators using Container Level 3 controls in accordance with

the provisions of this Subpart CC

shall must inspect and monitor the

closed-vent systems and control devices, as specified in Section 725.988.

Owners and operators that use Container Level 3 controls in accordance

with the provisions of this Subpart CC

shall must prepare and maintain the

records specified in Section 725.990(d).

The transfer of hazardous waste into or out of a container using Container

Level 3 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 USEPA considers to meet the requirements of this

subsection (e)(6) include using any one of the following: the use of a

submerged-fill pipe or other submerged-fill method to load liquids into the

container; the use of a vapor-balancing system or a vapor-recovery system

to collect and control the vapors displaced from the container during filling

operations; or the use of 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.

For the purpose of compliance with subsection (c)(1)(A) or (d)(1)(A) of this

Section, containers must be used that meet the applicable USDOT regulations on

packaging hazardous materials for transportation as follows:

The container meets the applicable requirements specified in 49 CFR 178,

“Specifications for Packaging,

”, or 49 CFR 179, “Specifications for Tank

Cars,”,

both incorporated by reference in 35 Ill. Adm. Code 720.111(b).;

Hazardous waste is managed in the container in accordance with the

applicable requirements specified in Subpart B of

49 CFR 107, subpart B,

“Exemptions”; 49 CFR 172, “Hazardous Materials Table, Special

Provisions, Hazardous Materials Communications, Emergency Response

Information, and Training Requirements”; 49 CFR 173, “Shippers—

General Requirements for Shipments and Packages”; and 49 CFR 180,

“Continuing Qualification and Maintenance of Packagings,”,

each

incorporated by reference in 35 Ill. Adm. Code 720.111(b)

382

For the purpose of complying with this Subpart CC

, no exceptions to the

49 CFR 178 or 179 regulations are allowed, except as provided for in

subsection (f)(4) of this Section

; and

For a lab pack that is managed in accordance with the requirements of 49

CFR 178 for the purpose of complying with this Subpart CC

, an owner or

operator may comply with the exceptions for combination packagings

specified in 49 CFR 173.12(b), incorporated by reference in 35 Ill. Adm.

Code 720.111(b)

To determine compliance with the no detectable organic emissions requirements

of subsection (d)(1)(B) of this Section, the procedure specified in Section

725.984(d) must be used.

Each potential leak interface (i.e., a location where organic vapor leakage

could occur) on the container, its cover, and associated closure devices, as

applicable to the container, must be checked. Potential leak interfaces that

are associated with containers include, but are not limited to: the interface

of the cover rim and the container wall; the periphery of any opening on

the container or container cover and its associated closure device; and the

sealing seat interface on a spring-loaded pressure-relief valve.

The test must be performed when the container is filled with a material

having a volatile organic concentration representative of the range of

volatile organic concentrations for the hazardous wastes expected to be

managed in this type of container. During the test, the container cover and

closure devices must be secured in the closed position.

The procedure for determining a container to be vapor-tight using Method 27 of

40 CFR 60, appendix A for the purpose of complying with subsection (d)(1)(C) of

this Section is as follows:

The test must be performed in accordance with Method 27 of 40 CFR 60,

appendix A, incorporated by reference in 35 Ill. Adm. Code 720.111(b)

A pressure measurement device must be used that has a precision of ±2.5

mm (0.10 inch) water and that is capable of measuring above the pressure

at which the container is to be tested for vapor tightness

; and

If the test results determined by Method 27 indicate that the container

sustains a pressure change less than or equal to 750 Pascals (0.11 psig)

within five minutes after it is pressurized to a minimum of 4,500 Pascals

(0.65 psig), then the container is determined to be vapor-tight.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

383

Section 725.988

Standards: Closed-Vent Systems and Control Devices

This Section applies to each closed-vent system and control device installed and

operated by the owner or operator to control air emissions in accordance with

standards of this Subpart CC

The closed-vent system must meet the following requirements:

The closed-vent system must route the gases, vapors, and fumes emitted

from the hazardous waste in the waste management unit to a control

device that meets the requirements specified in subsection (c) of this

Section

;

The closed-vent system must be designed and operated in accordance with

the requirements specified in Section 725.933(j)

;

When the closed-vent system includes bypass devices that could be used

to divert the gas or vapor stream to the atmosphere before entering the

control device, each bypass device must be equipped with either a flow

indicator as specified in subsection (b)(3)(A) of this Section or a seal or

locking device as specified in subsection (b)(3)(B) of this Section. For the

purpose of complying with this subsection, low leg drains, high point

bleeds, analyzer vents, open-ended valves or lines, spring-loaded pressure

relief valves, and other fittings used for safety purposes are not considered

to be bypass devices.

If a flow indicator is used to comply with this subsection (b)(3),

the indicator must be installed at the inlet to the bypass line used to

divert gases and vapors from the closed-vent system to the

atmosphere at a point upstream of the control device inlet. For the

purposes of this subsection, a flow indicator means a device

which

that

indicates the presence of either gas or vapor flow in the bypass

line.

If a seal or locking device is used to comply with this subsection

(b)(3), the device must be placed on the mechanism by which the

bypass device position is controlled (e.g., valve handle or damper

lever) when the bypass device is in the closed position such that

the bypass device cannot be opened without breaking the seal or

removing the lock. Examples of such devices include, but are not

limited to, a car-seal or a lock-and-key configuration valve. The

owner or operator

shall

must visually inspect the seal or closure

mechanism at least once every month to verify that the bypass

mechanism is maintained in the closed position.; and

384

The closed-vent system must be inspected and monitored by the owner or

operator in accordance with the procedure specified in Section 725.933(k).

The control device must meet the following requirements:

The control device must be one of the following devices:

A control device designed and operated to reduce the total organic

content of the inlet vapor stream vented to the control device by at

least 95 percent by weight;

An enclosed combustion device designed and operated in

accordance with the requirements of Section 725.933(c); or

A flare designed and operated in accordance with the requirements

of Section 725.933(d)

;

The owner or operator that elects to use a closed-vent system and control

device to comply with the requirements of this Section shall

must comply

with the requirements specified in subsections (c)(2)(A) through (c)(2)(G)

of this Section.

Periods of planned routine maintenance of the control device,

during which the control device does not meet the specifications of

subsection (c)(1)(A), (c)(1)(B), or (c)(1)(C) of this Section, as

applicable, must not exceed 240 hours per year.

The specifications and requirements in subsections (c)(1)(A),

(c)(1)(B), and (c)(1)(C) of this Section for control devices do not

apply during periods of planned routine maintenance.

The specifications and requirements in subsections (c)(1)(A),

(c)(1)(B), and (c)(1)(C) of this Section for control devices do not

apply during a control device system malfunction.

The owner or operator

shall

must demonstrate compliance with the

requirements of subsection (c)(2)(A) of this Section (i.e., planned

routine maintenance of a control device, during which the control

device does not meet the specifications of subsection (c)(1)(A),

(c)(1)(B), or (c)(1)(C) of this Section, as applicable, must not

exceed 240 hours per year) by recording the information specified

in Section 725.990(e)(1)(E).

The owner or operator

shall

must correct control device system

malfunctions as soon as practicable after their occurrence in order

to minimize excess emissions of air pollutants.

385

The owner or operator shall

must operate the closed-vent system

so that gases, vapors, or fumes are not actively vented to the

control device during periods of planned maintenance or control

device system malfunction (i.e., periods when the control device is

not operating or not operating normally), except in cases when it is

necessary to vent the gases, vapors, or fumes to avoid an unsafe

condition or to implement malfunction corrective actions or

planned maintenance actions

;

The owner or operator using a carbon adsorption system to comply with

subsection (c)(1) of this Section

shall

must operate and maintain the

control device in accordance with the following requirements:

Following the initial startup of the control device, all activated

carbon in the control device must be replaced with fresh carbon on

a regular basis in accordance with the requirements of Section

725.933(g) or 725.933(h).

All carbon that is a hazardous waste and that is removed from the

control device must be managed in accordance with the

requirements of Section 725.933(m), regardless of the average

volatile organic concentration of the carbon

;

An owner or operator using a control device other than a thermal vapor

incinerator, flare, boiler, process heater, condenser, or carbon adsorption

system to comply with subsection (c)(1) of this Section shall

must operate

and maintain the control device in accordance with the requirements of

Section 725.933(i).

;

The owner or operator shall

must demonstrate that a control device

achieves the performance requirements of subsection (c)(1) of this Section

as follows:

An owner or operator shall

must demonstrate using either a

performance test, as specified in subsection (c)(5)(C) of this

Section, or a design analysis, as specified in subsection (c)(5)(D)

of this Section, the performance of each control device except for

the following:

A flare;

ii)

A boiler or process heater with a design heat input capacity

of 44 megawatts or greater;

iii)

A boiler or process heater into which the vent stream is

386

introduced with the primary fuel;

iv)

A boiler or industrial furnace burning hazardous waste for

which the owner or operator has been issued a final permit

under 35 Ill. Adm. Code 702, 703, and 705 and has

designed and operates in accordance with the requirements

of Subpart H of

35 Ill. Adm. Code 726.Subpart H; or

A boiler or industrial furnace burning hazardous waste for

which the owner or operator has designed and operates in

accordance with the interim status requirements of Subpart

H of 35 Ill. Adm. Code 726.Subpart H.;

An owner or operator shall

must demonstrate the performance of

each flare in accordance with the requirements specified in Section

725.933(e).

;

For a performance test conducted to meet the requirements of

subsection (c)(5)(A) of this Section, the owner or operator

shall

must

use the test methods and procedures specified in Section

725.934(c)(1) through (c)(4).

;

For a design analysis conducted to meet the requirements of

subsection (c)(5)(A) of this Section, the design analysis must meet

the requirements specified in Section 725.935(b)(4)(C)

; and

The owner or operator

shall

must demonstrate that a carbon

adsorption system achieves the performance requirements of

subsection (c)(1) of this Section based on the total quantity of

organics vented to the atmosphere from all carbon adsorption

system equipment that is used for organic adsorption, organic

desorption or carbon regeneration, organic recovery, and carbon

disposal.

;

If the owner or operator and the Agency do not agree on a demonstration

of control device performance using a design analysis, then the

disagreement must be resolved using the results of a performance test

performed by the owner or operator in accordance with the requirements

of subsection (c)(5)(C) of this Section. The Agency may choose to have

an authorized representative observe the performance test

; and

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 725.933(f)(2) and (k). The readings from each

monitoring device required by Section 725.933(f)(2) must be inspected at

least once each operating day to check control device operation. Any

387

necessary corrective measures must be immediately implemented to

ensure the control device is operated in compliance with the requirements

of this Section.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.989

Inspection and Monitoring Requirements

The owner or operator

shall

must inspect and monitor air emission control

equipment used to comply with this Subpart CC

in accordance with the

requirements specified in Sections 725.985 through 725.988.

The owner or operator shall

must develop and implement a written plan and

schedule to perform the inspections and monitoring required by subsection (a) of

this Section. The owner or operator

shall

must incorporate this plan and schedule

into the facility inspection plan required under Section 725.115.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.990

Recordkeeping Requirements

Each owner or operator of a facility subject to the requirements in this Subpart

shall must record and maintain the information specified in subsections (b)

through (j) of this Section, as applicable to the facility. Except for air emission

control equipment design documentation and information required by subsection

(j) of this Section, records required by this Section must be maintained in the

operating record for a minimum of three years. Air emission control equipment

design documentation must be maintained in the operating record until the air

emission control equipment is replaced or is otherwise no longer in service.

Information required by subsections (i) and (j) of this Section must be maintained

in the operating record for as long as the waste management unit is not using air

emission controls specified in Sections 725.985 through 725.988, in accordance

with the conditions specified in Section 725.980(d) or (b)(7), respectively.

The owner or operator of a tank using air emission controls in accordance with

the requirements of Section 725.985

shall

must prepare and maintain records for

the tank that include the following information:

For each tank using air emission controls in accordance with the

requirements of Section 725.985 of this Subpart CC

, the owner or operator

shall

must record the following information:

A tank identification number (or other unique identification

description as selected by the owner or operator)

; and

A record for each inspection required by Section 725.985 that

388

includes the following information:

Date inspection was conducted

; and

ii)

For each defect detected during the inspection, the location

of the defect, a description of the defect, the date of

detection, and corrective action taken to repair the defect.

In the event that repair of the defect is delayed in

accordance with the provisions of Section 725.985, the

owner or operator

shall

must also record the reason for the

delay and the date that completion of repair of the defect is

expected

; and

In addition to the information required by subsection (b)(1) of this

Section, the owner or operator shall

must record the following

information, as applicable to the tank:

The owner or operator using a fixed roof to comply with the Tank

Level 1 control requirements specified in Section 725.985(c) shall

must

prepare and maintain records for each determination for the

maximum organic vapor pressure of the hazardous waste in the

tank performed in accordance with the requirements of Section

725.985(c). The records must include the date and time the

samples were collected, the analysis method used, and the analysis

results

;

The owner or operator using an internal floating roof to comply

with the Tank Level 2 control requirements specified in Section

725.985(e) shall

must prepare and maintain documentation

describing the floating roof design.

;

Owners and operators using an external floating roof to comply

with the Tank Level 2 control requirements specified in Section

725.985(f)

shall

must prepare and maintain the following records:

Documentation describing the floating roof design and the

dimensions of the tank

; and

ii)

Records for each seal gap inspection required by Section

725.985(f)(3) describing the results of the seal gap

measurements. The records must include the date that the

measurements were performed, the raw data obtained for

the measurements, and the calculations of the total gap

surface area. In the event that the seal gap measurements

do not conform to the specifications in Section

725.985(f)(1), the records must include a description of the

389

repairs that were made, the date the repairs were made, and

the date the tank was emptied, if necessary.

Each owner or operator using an enclosure to comply with the

Tank Level 2 control requirements specified in Section 725.985(i)

shall must prepare and maintain the following records:

Records for the most recent set of calculations and

measurements performed by the owner or operator to verify

that the enclosure meets the criteria of 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(b)

.; and

ii)

Records required for the closed-vent system and control

device in accordance with the requirements of subsection

(e) of this Section.

The owner or operator of a surface impoundment using air emission controls in

accordance with the requirements of Section 725.986

shall

must prepare and

maintain records for the surface impoundment that include the following

information:

A surface impoundment identification number (or other unique

identification description as selected by the owner or operator)

;

Documentation describing the floating membrane cover or cover design,

as applicable to the surface impoundment, that includes information

prepared by the owner or operator or provided by the cover manufacturer

or vendor describing the cover design, and certification by the owner or

operator that the cover meets the specifications listed in Section

725.986(c).

;

A record for each inspection required by Section 725.986 that includes the

following information:

Date inspection was conducted.

; and

For each defect detected during the inspection the following

information: the location of the defect, a description of the defect,

the date of detection, and corrective action taken to repair the

defect. In the event that repair of the defect is delayed in

accordance with the provisions of Section 725.986(f), the owner or

operator shall

must also record the reason for the delay and the

date that completion of repair of the defect is expected.

; and

390

For a surface impoundment equipped with a cover and vented through a

closed-vent system to a control device, the owner or operator

shall

must

prepare and maintain the records specified in subsection (e) of this

Section.

The owner or operator of containers using Container Level 3 air emission controls

in accordance with the requirements of Section 725.987

shall

must prepare and

maintain records that include the following information:

Records for the most recent set of calculations and measurements

performed by the owner or operator to verify that the enclosure meets the

criteria of 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(b)

.; and

Records required for the closed-vent system and control device in

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

The owner or operator using a closed-vent system and control device in

accordance with the requirements of Section 725.988

shall

must prepare and

maintain records that include the following information:

Documentation for the closed-vent system and control device that includes

the following documentation

Certification that is signed and dated by the owner or operator

stating that the control device is designed to operate at the

performance level documented by a design analysis as specified in

subsection (e)(1)(B) of this Section or by performance tests as

specified in subsection (e)(1)(C) of this Section when the tank,

surface impoundment, or container is or would be operating at

capacity or the highest level reasonably expected to occur

;

If a design analysis is used, then design documentation, as

specified in Section 725.935(b)(4). The documentation must

include information prepared by the owner or operator or provided

by the control device manufacturer or vendor that describes the

control device design in accordance with Section 725.935(b)(4)(C)

and certification by the owner or operator that the control

equipment meets the applicable specifications

;

If performance tests are used, then a performance test plan as

specified in Section 725.935(b)(3) and all test results

;

391

Information as required by Section 725.935(c)(1) and (c)(2), as

must record, on a semiannual basis, the

following

information specified in subsections (e)(1)(E)(i) and

(e)(1)(E)(ii) of this Section for those planned routine maintenance

operations that would require the control device not to meet the

requirements of Section 725.988(c)(1)(A), (c)(1)(B), or (c)(1)(C),

as applicable

A description of the planned routine maintenance that is

anticipated to be performed for the control device during

the next six-month period. This description must include

the type of maintenance necessary, planned frequency of

maintenance, and lengths of maintenance periods

; and

ii)

A description of the planned routine maintenance that was

performed for the control device during the previous six-

month period. This description must include the type of

maintenance performed and the total number of hours

during those six months that the control device did not

meet the requirements of Section 725.988(c)(1)(A),

(c)(1)(B), or (c)(1)(C), as applicable, due to planned

must record the following information

specified in subsections (e)(1)(F)(i) through (e)(1)(F)(iii) of this

Section for those unexpected control device system malfunctions

that would require the control device not to meet the requirements

of Section 725.988(c)(1)(A), (c)(1)(B), or (c)(1)(C), as applicable

The occurrence and duration of each malfunction of the

control device system

;

ii)

The duration of each period during a malfunction when

gases, vapors, or fumes are vented from the waste

management unit through the closed-vent system to the

control device while the control device is not properly

functioning

; and

iii)

Actions taken during periods of malfunction to restore a

malfunctioning control device to its normal or usual

manner of operation

; and

Records of the management of carbon removed from a carbon

adsorption system conducted in accordance with Section

392

725.988(c)(3)(B).

The owner or operator of a tank, surface impoundment, or container exempted

from standards in accordance with the provisions of Section 725.983(c)

of this

Subpart shall must prepare and maintain the following records, as applicable:

For tanks, surface impoundments, or containers exempted under the

hazardous waste organic concentration conditions specified in Section

725.983 (c)(1) or 725.984(c)(2)(A) through (c)(2)(F), the owner or

operator shall

must record the information used for each waste

determination (e.g., test results, measurements, calculations, and other

documentation) in the facility operating log. If analysis results for waste

samples are used for the waste determination, then the owner or operator

shall

must record the date, time, and location that each waste sample is

collected in accordance with the applicable requirements of Section

725.984 of this

Subpart.; and

For tanks, surface impoundments, or containers exempted under the

provisions of Section 725.983(c)(2)(G) or (c)(2)(H), the owner or operator

shall

must record the identification number for the incinerator, boiler, or

industrial furnace in which the hazardous waste is treated.

An owner or operator designating a cover as “unsafe to inspect and monitor”

pursuant to Section 725.985(l)

shall

must record in a log that is kept in the facility

operating record the following information: the identification numbers for waste

management units with covers that are designated as “unsafe to inspect and

monitor,”,

the explanation for each cover stating why the cover is unsafe to

inspect and monitor, and the plan and schedule for inspecting and monitoring

each cover.

The owner or operator of a facility that is subject to this Subpart CC

and to the

control device standards in Subpart VV of

40 CFR 60, Subpart VV, or Subpart V

of 40 CFR 61, Subpart V, incorporated by reference in 35 Ill. Adm. Code

270.111, may elect to demonstrate compliance with the applicable Sections of this

Subpart by documentation either pursuant to this Subpart CC

, or pursuant to the

provisions of Subpart VV of

40 CFR 60, Subpart VV or Subpart V of 40 CFR 61,

Subpart V, to the extent that the documentation required by 40 CFR 60 or 61

duplicates the documentation required by this Section.

For each tank or container not using air emission controls specified in Sections

725.985 through 725.988 in accordance with the conditions specified in Section

725.980(d), the owner or operator

shall

must record and maintain the following

information:

A list of the individual organic peroxide compounds manufactured at the

facility that meet the conditions specified in Section 725.980(d)(1)

;

393

A description of how the hazardous waste containing the organic peroxide

compounds identified pursuant to subsection (i)(1) are managed at the

facility in tanks and containers. This description must include the

following information:

For the tanks used at the facility to manage this hazardous waste,

sufficient information must be provided to describe each tank: a

facility identification number for the tank, the purpose and

placement of this tank in the management train of this hazardous

waste, and the procedures used to ultimately dispose of the

hazardous waste managed in the tanks

; and

For containers used at the facility to manage this hazardous waste,

sufficient information must be provided to describe the following

for each container: a facility identification number for the

container or group of containers; the purpose and placement of this

container or group of containers in the management train of this

hazardous waste; and the procedures used to ultimately dispose of

the hazardous waste handled in the containers

; and

An explanation of why managing the hazardous waste containing the

organic peroxide compounds identified pursuant to subsection (i)(1) of

this Section in the tanks or containers identified pursuant to subsection

(i)(2) of this Section would create an undue safety hazard if the air

emission controls specified in Sections 725.985 through 725.988 were

installed and operated on these waste management units. This explanation

must include the following information:

For tanks used at the facility to manage this hazardous waste,

sufficient information must be provided to explain: how use of the

required air emission controls on the tanks would affect the tank

design features and facility operating procedures currently used to

prevent an undue safety hazard during the management of this

hazardous waste in the tanks; and why installation of safety

devices on the required air emission controls, as allowed under this

Subpart CC

, would not address those situations in which

evacuation of tanks equipped with these air emission controls is

necessary and consistent with good engineering and safety

practices for handling organic peroxides

; and

For containers used at the facility to manage this hazardous waste,

sufficient information must be provided to explain: how use of the

required air emission controls on the containers would affect the

container design features and handling procedures currently used

to prevent an undue safety hazard during management of this

394

hazardous waste in the containers; and why installation of safety

devices on the required air emission controls, as allowed under this

Subpart CC

, would not address those situations in which

evacuation of containers equipped with these air emission controls

is necessary and consistent with good engineering and safety

practices for handling organic peroxides.

For each hazardous waste management unit not using air emission controls

specified in Sections 725.985 through 725.988 in accordance with the provisions

of Section 725.980(b)(7), the owner and operator shall

must record and maintain

the following information:

The certification that the waste management unit 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.

; and

An identification of the specific federal requirements codified under 40

CFR 60, 61, or 63 with which the waste management unit is in

compliance.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

SUBPART DD: CONTAINMENT BUILDINGS

Section 725.1100

Applicability

The requirements of this Subpart DD

apply to owners or operators who that store or treat

hazardous waste in units designed and operated under Section 725.1101. These provisions will

become effective on February 18, 1993. The owner or operator is not subject to the definition of

land disposal in 35 Ill. Adm. Code 728.102 provided that the following is true of

the unit:

It is a completely enclosed, self-supporting structure that is designed and

constructed of manmade materials of sufficient strength and thickness to support

themselves, the waste contents, and any personnel and heavy equipment that

operate within the unit, and to prevent failure due to any of the following causes

Pressure gradients;

Settlement, compression, or uplift;

Physical contact with the hazardous wastes to which they are exposed;

Climatic conditions; and

The stresses of daily operation including the movement of heavy

395

equipment within the unit and contact of such equipment with

containment walls;

Has

It has a primary barrier that is designed to be sufficiently durable to withstand

the movement of personnel,

wastes, and handling equipment within the unit;

If used to manage liquids, the unit has the following design features

A primary barrier designed and constructed of materials to prevent

migration of hazardous constituents into the barrier;

and

A liquid collection system designed and constructed of materials to

minimize the accumulation of liquid on the primary barrier; and

A secondary containment system designed and constructed of materials to

prevent migration of hazardous constituents into the barrier, with a leak

detection and liquid collection system capable of detecting, collecting, and

removing leaks of hazardous constituents at the earliest possible time,

unless the unit has been granted a variance from the secondary

containment system requirements under subsection 725.1101(b)(4);

Has

It has controls sufficient to permit fugitive dust emissions to meet the no

visible emission standard in subsection 725.1101(c)(1)(D); and

It is designed and operated to ensure containment and prevent the tracking of

materials from the unit by personnel or equipment.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

All containment buildings must comply with the following design and operating

standards:

The containment building must be completely enclosed with a floor, walls,

and a roof to prevent exposure to the elements (e.g. precipitation, wind,

run on) and to assure containment of managed wastes

;

The floor and containment walls of the unit, including the secondary

containment system if required under subsection (b) of this Section, must

be designed and constructed of materials of sufficient strength and

thickness to support themselves, the waste contents, and any personnel

and heavy equipment that operate within the unit, and to prevent failure

due to pressure gradients, settlement, compression, or uplift, physical

contact with the hazardous wastes to which they are exposed; climatic

conditions; and the stresses of daily operation, including the movement of

396

heavy equipment within the unit and contact of such equipment with

containment walls. The unit must be designed so that it has sufficient

structural strength to prevent collapse or other failure. All surfaces to be

in contact with hazardous wastes must be chemically compatible with

those wastes. The containment building shall

must meet the structural

integrity requirements established by professional organizations generally

recognized by the industry such as the American Concrete Institute [ACI]

and the American Society of Testing Materials [ASTM]. If appropriate to

the nature of the waste management operation to take place in the unit, an

exception to the structural strength requirement may be made for light-

weight doors and windows that meet these criteria:

They provide an effective barrier against fugitive dust emissions

under subsection (c)(1)(D)

below

of this Section; and

The unit is designed and operated in a fashion that assures that

wastes will not actually come in contact with these openings

;

Incompatible hazardous wastes or treatment reagents must not be placed

in the unit or its secondary containment system if they could cause the unit

or secondary containment system to leak, corrode, or otherwise fail

; and

A containment building must have a primary barrier designed to withstand

the movement of personnel, waste, and handling equipment in the unit

during the operating life of the unit and appropriate for the physical and

chemical characteristics of the waste to be managed.

For a containment building used to manage hazardous wastes containing free

liquids or treated with free liquids (the presence of which is determined by the

paint filter test, a visual examination, or other appropriate means), the owner or

operator must include the following design features

A primary barrier designed and constructed of materials to prevent the

migration of hazardous constituents into the barrier (e.g., a geomembrane

covered by a concrete wear surface).

A liquid collection and removal system to minimize the accumulation of

liquid on the primary barrier of the containment building:

The primary barrier must be sloped to drain liquids to the

associated collection system; and

Liquids and waste must be collected and removed to minimize

hydraulic head on the containment system at the earliest

practicable time.

397

A secondary containment system including a secondary barrier designed

and constructed to prevent migration of hazardous constituents into the

barrier, and a leak detection system that is capable of detecting failure of

the primary barrier and collecting accumulated hazardous wastes and

liquids at the earliest practicable time.

The requirements of the leak detection component of the secondary

containment system are satisfied by installation of a system that is,

at a minimum, as follows

Constructed

It is constructed with a bottom slope of 1

percent or more; and

ii)

Constructed

It is constructed of a granular drainage

material with a hydraulic conductivity of 1 x 10

-2

cm/sec or

more and a thickness of 12 inches (30.5 cm) or more, or

constructed of synthetic or geonet drainage materials with a

transmissivity of 3 x 10

-5

/sec or more.

If treatment is to be conducted in the building, an area in which

such treatment will be conducted must be designed to prevent the

release of liquids, wet materials, or liquid aerosols to other

portions of the building.

The secondary containment system must be constructed of

materials that are chemically resistant to the waste and liquids

managed in the containment building and of sufficient strength and

thickness to prevent collapse under the pressure exerted by

overlaying materials and by any equipment used in the

containment building. (Containment buildings can serve as

secondary containment systems for tanks placed within the

building under certain conditions. A containment building can

serve as an external liner system for a tank, provided it meets the

requirements of Section 725.293(d)(1). In addition, the

containment building must meet the requirements of subsections

725.293(b) and (c) to be an acceptable secondary containment

system for a tank.)

For existing units other than 90-day generator units, USEPA may delay

the secondary containment requirement for up to two years, based on a

demonstration by the owner or operator that the unit substantially meets

the standards of this Subpart DD

. In making this demonstration, the

owner or operator must do each of the following

Provide written notice to USEPA of their request by November 16,

1992. This notification must describe the unit and its operating

398

practices with specific reference to the performance of existing

systems, and specific plans for retrofitting the unit with secondary

containment;

Respond to any comments from USEPA on these plans within 30

days; and

Fulfill the terms of the revised plans, if such plans are approved by

USEPA.

Owners or operators of all containment buildings must

; do each of the following:

Use controls and practice to ensure containment of the hazardous waste

within the unit, and at a minimum do each of the following

Maintain the primary barrier to be free of significant cracks, gaps,

corrosion, or other deterioration that could cause hazardous waste

to be release

released from the primary barrier;

Maintain the level of the stored or treated hazardous waste within

the containment walls of the unit so that the height of any

containment wall is not exceeded;

Take measures to prevent the tracking of hazardous waste out of

the unit by personnel or by equipment used in handling the waste.

An area must be designated to decontaminate equipment and any

rinsate must be collected and properly managed; and

Take measures to control fugitive dust emissions such that any

openings (doors, windows, vents, cracks, etc.) exhibit no visible

emissions (see 40 CFR 60, Appendix A, Method 22 - Visual

Determination of Fugitive Emissions from Material Sources and

Smoke Emissions from Flares). In addition, all associated

particulate collection devices (e.g., fabric filter, electrostatic

precipitator) must be operated and maintained with sound air

pollution control practices (see 40 CFR 60

, Subpart 292

for

guidance). This state of no visible emissions must be maintained

effectively at all times during routine operating and maintenance

conditions, including when vehicles and personnel are entering and

exiting the unit

;

BOARD NOTE: At 40 CFR 265.1101(c)(1)(iv) (2004), USEPA

cites “40 CFR part 60, subpart 292.” At 57 Fed. Reg. 37217 (Aug.

18, 1992), USEPA repeats this citation in the preamble discussion

of adoption of the rules. No such provision exists in the Code of

Federal Regulations. The Board has chosen to use the more

399

general citation: “40 CFR 60.”

Obtain certification by a qualified registered professional engineer (PE)

that the containment building design meets the requirements of

subsections (a) through (c) of this Section. For units placed into operation

prior to February 18, 1993, this certification must be placed in the

facility’s operating record (on-site files for generators

who

that are not

formally required to have operating records) no later than 60 days after the

date of initial operation of the unit. After February 18, 1993, PE

certification will be required prior to operation of the unit

;

Throughout the active life of the containment building, if the owner or

operator detects a condition that could lead to or has caused a release of

hazardous waste, must repair the condition promptly. In addition,

however, the owner or operator must do the following

Upon detection of a condition that has caused to a release of

hazardous wastes (e.g., upon detection of leakage from the primary

barrier) the owner or operator must do the following

Enter a record of the discovery in the facility operating

record;

ii)

Immediately remove the portion of the containment

building affected by the condition from service;

iii)

Determine what steps must be taken to repair the

containment building, remove any leakage from the

secondary collection system, and

establish a schedule for

accomplishing the cleanup and repairs; and

iv)

Within

seven days after the discovery of the condition,

notify the Agency in writing of the condition, and within 14

working days, provide a written notice to the Agency with

a description of the steps taken to repair the containment

building, and the schedule for accomplishing the work

;

The Agency

will

must review the information submitted, make a

determination regarding whether the containment building must be

removed from service completely or partially until repairs and

cleanup are complete, and notify the owner or operator of the

determination and the underlying rationale in writing.

; and

Upon completing all repairs and cleanup the owner and operator

must notify the Agency in writing and provide a verification,

signed by a qualified, registered professional engineer, that the

400

repairs and cleanup have been completed according to the written

plan submitted in accordance with subsection (c)(3)(A)(iv) above

of this Section

.; and

Inspect and record in the facility’s operating record, at least once every

seven days, data gathered from monitoring equipment and leak detection

equipment as well as the containment building and the area immediately

surrounding the containment building to detect signs of releases of

hazardous waste.

For containment buildings that contain areas both with and without secondary

containment, the owner or operator must do the following

Design and operate each area in accordance with the requirements

enumerated in subsections (a) through (c)

above

of this Section;

Take measures to prevent the release of liquids or wet materials into areas

without secondary containment; and

Maintain in the facility’s operating log a written description of the

operating procedures used to maintain the integrity of areas without

secondary containment.

Notwithstanding any other provision of this Subpart DD

the Agency shall must

not require secondary containment for a permitted containment building where

the owner operator demonstrates that the only free liquids in the unit are limited

amounts of dust suppression liquids required to meet occupational health and

safety requirements, and where containment of managed wastes and liquids can

be assured without a secondary containment system.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.1102

Closure and

Post Closure

-Care Post-Closure Care

At closure of a containment building, the owner or operator must remove or

decontaminate all waste residues, contaminated containment system components

(liners, etc.), contaminated subsoils, and structures and equipment contaminated

with waste and leachate, and manage them as hazardous waste unless 35 Ill. Adm.

Code 721.103(e) applies. The closure plan, closure activities, cost estimates for

closure, and financial responsibility for containment buildings must meet all of

the requirements specified in

725.Subparts

G and H of this Part.

If, after removing or decontaminating all residues and making all reasonable

efforts to effect removal or decontamination of contaminated components,

subsoils, structures, and equipment as required in subsection (a)

above

of this

Section, the owner or operator finds that not all contaminated subsoils can be

401

practicably removed or decontaminated, he must close the facility and perform

post-closure care in accordance with the closure and post-closure requirements

that apply to landfills (35 Ill. Adm. Code 725.310). In addition, for the purposes

of closure, post-closure, and financial responsibility, such a containment building

is then considered to be a landfill, and the owner or operator must meet all the

requirements for landfills specified in

725.Subparts

G and H of this Part.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

SUBPART EE: HAZARDOUS WASTE MUNITIONS AND EXPLOSIVES

STORAGE

Section 725.1200

Applicability

The requirements of this Subpart EE apply to owners or operators

who

that store munitions and

explosive hazardous wastes, except as Section 725.101 provides otherwise.

BOARD NOTE: Depending on explosive hazards, hazardous waste munitions and explosives

may also be managed in other types of storage units, including containment buildings (Subpart

DD of this Part), tanks (Subpart J of this Part), or containers (Subpart I of this Part); see 35 Ill.

Adm. Code 726.305 for storage of waste military munitions.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.1201

Design and Operating Standards

An owner or operator of a hazardous waste munitions and explosives storage unit

shall

must design and operate the unit with containment systems, controls, and

monitoring that fulfill each of the following requirements:

The owner or operator minimizes the potential for detonation or other

means of release of hazardous waste, hazardous constituents, hazardous

decomposition products, or contaminated run-off to the soil, ground water,

surface water, and atmosphere;

The owner or operator provides a primary barrier, which may be a

container (including a shell) or tank, designed to contain the hazardous

waste;

For wastes stored outdoors, the owner or operator provides that the waste

and containers will not be in standing precipitation;

For liquid wastes, the owner or operator provides a secondary containment

system that assures that any released liquids are contained and promptly

detected and removed from the waste area or a vapor detection system that

assures that any released liquids or vapors are promptly detected and an

402

appropriate response taken (e.g., additional containment, such as

overpacking or removal from the waste area); and

The owner or operator provides monitoring and inspection procedures that

assure the controls and containment systems are working as designed and

that releases that may adversely impact human health or the environment

are not escaping from the unit.

Hazardous waste munitions and explosives stored under this Subpart EE may be

stored in one of the following:

Earth-covered magazines. The owner or operator of an earth-covered

magazine

shall

must fulfill each of the following requirements:

The magazine is constructed of waterproofed, reinforced concrete

or structural steel arches, with steel doors that are kept closed

when not being accessed;

The magazine is so designed and constructed that it fulfills each of

the following requirements:

The magazine is of sufficient strength and thickness to

support the weight of any explosives or munitions stored

and any equipment used in the unit;

ii)

The magazine provides working space for personnel and

equipment in the unit; and

iii)

The magazine can withstand movement activities that occur

in the unit; and

The magazine is located and designed, with walls and earthen

covers that direct an explosion in the unit in a safe direction, so as

to minimize the propagation of an explosion to adjacent units and

to minimize other effects of any explosion.

Above-ground magazines. Above-ground magazines must be located and

designed so as to minimize the propagation of an explosion to adjacent

units and to minimize other effects of any explosion.

Outdoor or open storage areas. Outdoor or open storage areas must be

located and designed so as to minimize the propagation of an explosion to

adjacent units and to minimize other effects of any explosion.

An owner or operator

shall

must store hazardous waste munitions and explosives

in accordance with a Standard Operating Procedure that specifies procedures

403

which ensure safety, security, and environmental protection. If these procedures

serve the same purpose as the security and inspection requirements of Section

725.114, the preparedness and prevention procedures of Subpart C of this Part,

and the contingency plan and emergency procedures requirements of Subpart D

this Part, then the Standard Operating Procedure may be used to fulfill those

requirements.

An owner or operator shall

must package hazardous waste munitions and

explosives to ensure safety in handling and storage.

An owner or operator

shall

must inventory hazardous waste munitions and

explosives at least annually.

An owner or operator

shall

must inspect and monitor hazardous waste munitions

and explosives and their storage units as necessary to ensure explosives safety and

to ensure that there is no migration of contaminants out of the unit.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.1202

Closure and Post-Closure Care

At closure of a magazine or unit that stored hazardous waste under this Subpart

, the owner or operator shall must remove or decontaminate all waste residues,

contaminated containment system components, contaminated subsoils, and

structures and equipment contaminated with waste and manage them as hazardous

waste,

unless 35 Ill. Adm. Code 721.103(d) applies. The closure plan, closure

activities, cost estimates for closure, and financial responsibility for magazines or

units must meet all of the requirements specified in Subparts G and H of this Part,

except that the owner or operator may defer closure of the unit as long as it

remains in service as a munitions or explosives magazine or storage unit.

If, after removing or decontaminating all residues and making all reasonable

efforts to effect removal or decontamination of contaminated components,

subsoils, structures, and equipment as required in subsection (a) of this Section,

the owner or operator finds that not all contaminated subsoils can be practicably

removed or decontaminated, the owner or operator

shall

must close the facility

and perform post-closure care in accordance with the closure and post-closure

requirements that apply to landfills (see 35 Ill. Adm. Code 724.410).

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.Appendix A

Recordkeeping Instructions

The Board hereby incorporates by reference

See Appendix I to 40 CFR 265, Appendix I (1992),

as amended at 59 Fed. Reg. 13892 (Mar. 24, 1994). This incorporation includes no later

amendments or editions incorporated by reference in 35 Ill. Adm. Code 720.111(b).

404

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.Appendix C

USEPA

Interim Primary Drinking Water Standards

See Appendix III to 40 CFR

Part

265, incorporated by reference in 35 Ill. Adm. Code

720.111(b).

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.Appendix D

Tests for Significance

See Appendix IV to 40 CFR

Part

265, incorporated by reference in 35 Ill. Adm. Code

720.111(b).

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.Appendix E

Examples of Potentially Incompatible Waste

Wastes

See Appendix V to 40 CFR

Part

265, incorporated by reference in 35 Ill. Adm. Code 720.111(b).

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Section 725.Appendix F

Compounds

With

with Henry’s Law Constant Less Than 0.1 Y/X

3-Acetyl-5-hydroxypiperidine

2-Acetylaminofluorene

Bis(2-ethylhexyl)phthalate

117-81-7

Bromochloromethyl acetate

Bromoxynil (3,5-Dibromo-4-hydroxybenzonitrile)

1689-84-5

107-92-6

Caprolactam (hexahydro-2H-azepin-2-one)

105-60-2

Catechol (o-dihydroxybenzene)

Chlorhydrin (3-Chloro-1,2-propanediol)

p-Chloro-m-cresol (6-chloro-m-cresol)

59-50-7

3-Chloro-2,5-diketopyrrolidine

Chloro-1,2-ethane diol

4-Chlorophenol

106-48-9

Chlorophenol polymers (2-chlorophenol & 4-chlorophenol)

95-57-8 & 106-

48-9

1-(o-Chlorophenyl)thiourea

Cresol (mixed isomers)

4-Cyanomethyl benzoate

Diazinon

333-41-5

Dibenzo(a,h)anthracene

53-70-3

Dibutylphthalate

84-74-2

2,5-Dichloroaniline (N,N’-dichloroaniline)

95-82-9

406

2,6-Dichlorobenzonitrile

1194-65-6

2,6-Dichloro-4-nitroaniline

99-30-9

2,5-Dichlorophenol

333-41-5

3,4-Dichlorotetrahydrofuran

Diethylene glycol dimethyl ether (dimethyl Carbitol)

111-96-6

Diethylene glycol monobutyl ether (butyl Carbitol)

112-34-5

Diethylene glycol monoethyl ether acetate (Carbitol acetate)

112-15-2

Diethylene glycol monoethyl ether (Carbitol Cellosolve)

111-90-0

Diethylene glycol monomethyl ether (methyl Carbitol)

111-77-3

N,N’-Diethylhydrazine

1615-80-1

Diethyl(4-methylumbelliferyl)thionophosphate

299-45-6

Diethylphosphorothioate

126-75-0

N,N’-Diethylpropionamide

15299-99-7

Dimethoate

60-51-5

2,3-Dimethoxystrychnidin-10-one

357-57-3

4-Dimethylaminoazobenzene

60-11-7

7,12-Dimethylbenz(a)anthracene

57-97-6

3,3-Dimethylbenzidine

119-93-7

Dimethylcarbamoyl chloride

1,1-Dimethylhydrazine

1,2-Diphenylhydrazine

122-66-7

Dipropylene glycol (1,1'-oxydi-2-propanol)

Ethyl carbamate (urethane)

51-79-6

Ethylene glycol

107-21-1

Ethylene glycol monobutyl ether (butyl Cellosolve)

111-76-2

Ethylene glycol monoethyl ether (Cellosolve)

110-80-5

Ethylene glycol monoethyl ether acetate (Cellosolve acetate)

111-15-9

Ethylene glycol monomethyl ether (methyl Cellosolve)

109-86-4

Ethylene glycol monophenyl ether (phenyl Cellosolve)

122-99-6

Ethylene glycol monopropyl ether (propyl Cellosolve)

2807-30-9

Ethylene thiourea (2-imidazolidinethione)

Fluoroacetic acid, sodium salt

Hexamethylene-1,6-diisocyanate (1,6-diisocyanatohexane)

822-06-0

Hexamethyl phosphoramide

Hydroxy-2-propionitrile (hydracrylonitrile)

109-78-4

Indeno(1,2,3-cd)pyrene

193-39-5

Lead acetate

301-04-2

Lead subacetate (lead acetate, monobasic)

Methane sulfonic acid

4,4'-Methylene-bis-(2-chloroaniline)

101-14-4

4,4'-Methylenediphenyl diisocyanate (diphenyl methane diisocyanate)

101-68-8

4,4'-Methylenedianiline

101-77-9

Methylene diphenylamine (MDA)

Methyliminoacetic acid

Methyl methane sulfonate

66-27-3

1-Methyl-2-methoxyaziridine

Methylparathion

298-00-0

Methyl sulfuric acid (sulfuric acid, dimethyl ester)

77-78-1

4-Methylthiophenol

106-45-6

Monomethylformamide (N-methylformamide)

N-Nitrosodimethylamine

62-75-9

Nitrosoguanidine

674-81-7

N-Nitroso-n-methylurea

684-93-5

N-Nitrosomorpholine (4-nitrosomorpholine)

Phenyl mercuric acetate

Quinone (p-benzoquinone)

Tetraethyldithiopyrophosphate

3689-24-5

Tetraethylenepentamine

2,4-Toluene diisocyanate

1,1,2-Trichloro-1,2,2-trifluoroethane

76-13-1

Triethanolamine

102-71-6

Triethylene glycol dimethyl ether

3,4-Xylenol (3,4-dimethylphenol)

95-65-8

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

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

adopted the above order on December 16, 2004, by a vote of 5-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board