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ILLINOIS POLLUTION CONTROL BOARD

October 20, 2005

IN THE MATTER OF: )

)

UIC CORRECTIONS, USEPA ) R06-5

AMENDMENTS January 1, 2005 through ) (Identical-in-Substance Rulemaking -

June 30, 2005) ) Land)

RCRA SUBTITLE D UPDATE, USEPA ) R06-6

AMENDMENTS (January 1, 2005 through ) (Identical-in-Substance

June 30, 2005 and August 1, 2005) ) Rulemaking - Land)

RCRA SUBTITLE C UPDATE, USEPA ) R06-7

AMENDMENTS (January 1, 2005 through ) (Identical-in-Substance

June 30, 2005 and August 1, 2005) ) Rulemaking - Land)

) (Consolidated)

Proposed Rule. Proposal for Public Comment.

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

SUMMARY OF TODAY’S ACTION

This identical-in-substance rulemaking consists of three separate consolidated dockets.

The rulemaking would update the Illinois underground injection control, municipal solid waste

landfill, and 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, 2005 through June 30, 2005. This

proceeding proposes amendments to 35 Ill. Adm. Code 720 through 725, 728, and 738. This

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

stylistic revisions to segments of the text that are not otherwise affected by the covered federal

amendments, principally to the text of 35 Ill. Adm. Code 723 and 738.

This opinion and the related order propose identical-in-substance amendments in three

distinct program areas:

1. Under Sections 7.2 and 13(c) of the Environmental Protection Act (Act) (415

ILCS 5/7.2 and 13(c) (2004)), the Board proposes amendments to the Illinois

regulations that are “identical in substance” to underground injection control

(UIC) regulations that the USEPA adopted to implement Section 1421 of the

federal Safe Drinking Water Act (SDWA) (42 U.S.C. § 300h (2003)). The

federal UIC regulations are found at 40 C.F.R. 144 through 148.

2. Under Sections 7.2 and 22.40(a) of the Act (415 ILCS 5/7.2 and 22.4(a) (2004))

require the Board to adopt regulations that are “identical in substance” to

municipal solid waste landfill (MSWLF) regulations adopted by the USEPA.

These USEPA rules implement Subtitle D of the federal Resource Conservation

and Recovery Act of 1976 (RCRA Subtitle C) (42 U.S.C. §§ 6941

et seq

. (2003)).

The federal RCRA Subtitle D MSWLF regulations are found at 40 C.F.R. 258.

3. Under Sections 7.2 and 22.4(a) of the Act (415 ILCS 5/7.2 and 22.4(a) (2004))

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

. (2003)). The federal RCRA

Subtitle C hazardous waste management regulations are found at 40 C.F.R. 260

through 266, 268, 270, 271, 273, and 279.

Sections 13(c), 22.40(a), and 22.4(a) also provide that Title VII of the Act and Section 5

of the Administrative Procedure Act (5 ILCS 100/5-35 and 5-40 (1998)) do not apply to the

Board’s adoption of identical-in-substance regulations.

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.

The Clerk is directed to cause publication of the following proposed amendments in the

Illinois Register

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER b: PERMITS

PART 703

RCRA PERMIT PROGRAM

SUBPART A: GENERAL PROVISIONS

Section

703.100 Scope and Relation to Other Parts

703.101 Purpose

703.110 References

SUBPART B: PROHIBITIONS

Section

703.120 Prohibitions in General

703.121 RCRA Permits

703.122 Specific Inclusions in Permit Program

703.123 Specific Exclusions from Permit Program

703.124 Discharges of Hazardous Waste

703.125 Reapplications

703.126 Initial Applications

703.127 Federal Permits (Repealed)

SUBPART C: AUTHORIZATION BY RULE AND INTERIM STATUS

Section

703.140 Purpose and Scope

703.141 Permits by Rule

703.150 Application by Existing HWM Facilities and Interim Status Qualifications

703.151 Application by New HWM Facilities

703.152 Amended Part A Application

703.153 Qualifying for Interim Status

703.154 Prohibitions During Interim Status

703.155 Changes During Interim Status

703.156 Interim Status Standards

703.157 Grounds for Termination of Interim Status

703.158 Permits for Less Than an Entire Facility

703.159 Closure by Removal

703.160 Procedures for Closure Determination

703.161 Enforceable Document for Post-Closure Care

SUBPART D: APPLICATIONS

Section

703.180 Applications in General

703.181 Contents of Part A

703.182 Contents of Part B

703.183 General Information

703.184 Facility Location Information

703.185 Groundwater Protection Information

703.186 Exposure Information

703.187 Solid Waste Management Units

703.188 Other Information

703.191 Public Participation: Pre-Application Public Notice and Meeting

703.192 Public Participation: Public Notice of Application

703.193 Public Participation: Information Repository

703.200 Specific Part B Application Information

703.201 Containers

703.202 Tank Systems

703.203 Surface Impoundments

703.204 Waste Piles

703.205 Incinerators that Burn Hazardous Waste

703.206 Land Treatment

703.207 Landfills

703.208 Boilers and Industrial Furnaces Burning Hazardous Waste

703.209 Miscellaneous Units

703.210 Process Vents

703.211 Equipment

703.212 Drip Pads

703.213 Air Emission Controls for Tanks, Surface Impoundments, and Containers

703.214 Post-Closure Care Permits

SUBPART E: SHORT TERM AND PHASED PERMITS

Section

703.220 Emergency Permits

703.221 Alternative Compliance with the Federal NESHAPS

703.222 Incinerator Conditions Prior to Trial Burn

703.223 Incinerator Conditions During Trial Burn

703.224 Incinerator Conditions After Trial Burn

703.225 Trial Burns for Existing Incinerators

703.230 Land Treatment Demonstration

703.231 Research, Development and Demonstration Permits

703.232 Permits for Boilers and Industrial Furnaces Burning Hazardous Waste

703.234 Remedial Action Plans

SUBPART F: PERMIT CONDITIONS OR DENIAL

Section

703.240 Permit Denial

703.241 Establishing Permit Conditions

703.242 Noncompliance Pursuant to Emergency Permit

703.243 Monitoring

703.244 Notice of Planned Changes (Repealed)

703.245 Twenty-four Hour Reporting

703.246 Reporting Requirements

703.247 Anticipated Noncompliance

703.248 Information Repository

SUBPART G: CHANGES TO PERMITS

Section

703.260 Transfer

703.270 Modification

703.271 Causes for Modification

703.272 Causes for Modification or Reissuance

703.273 Facility Siting

703.280 Permit Modification at the Request of the Permittee

703.281 Class 1 Modifications

703.282 Class 2 Modifications

703.283 Class 3 Modifications

SUBPART H: REMEDIAL ACTION PLANS

Section

703.300 Special Regulatory Format

703.301 General Information

703.302 Applying for a RAP

703.303 Getting a RAP Approved

703.304 How a RAP May Be Modified, Revoked and Reissued, or Terminated

703.305 Operating Under A RAP

703.306 Obtaining a RAP for an Off-Site Location

SUBPART I: INTEGRATION WITH MAXIMUM ACHIEVABLE CONTROL

TECHNOLOGY (MACT) STANDARDS

Section

703.320 Options for Incinerators and Cement and Lightweight Aggregate Kilns to

Minimize Emissions from Startup, Shutdown, and Malfunction Events

703.Appendix A Classification of Permit Modifications

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. 14289, effective October 12, 1983; amended in

R83-24 at 8 Ill. Reg. 206, effective December 27, 1983; amended in R84-9 at 9 Ill. Reg. 11899,

effective July 24, 1985; amended in R85-22 at 10 Ill. Reg. 1110, effective January 2, 1986;

amended in R85-23 at 10 Ill. Reg. 13284, effective July 28, 1986; amended in R86-1 at 10 Ill.

Reg. 14093, effective August 12, 1986; amended in R86-19 at 10 Ill. Reg. 20702, effective

December 2, 1986; amended in R86-28 at 11 Ill. Reg. 6121, effective March 24, 1987; amended

in R86-46 at 11 Ill. Reg. 13543, effective August 4, 1987; amended in R87-5 at 11 Ill. Reg.

19383, effective November 12, 1987; amended in R87-26 at 12 Ill. Reg. 2584, effective January

15, 1988; amended in R87-39 at 12 Ill. Reg. 13069, effective July 29, 1988; amended in R88-16

at 13 Ill. Reg. 447, effective December 27, 1988; amended in R89-1 at 13 Ill. Reg. 18477,

effective November 13, 1989; amended in R89-9 at 14 Ill. Reg. 6278, effective April 16, 1990;

amended in R90-2 at 14 Ill. Reg. 14492, effective August 22, 1990; amended in R90-11 at 15 Ill.

Reg. 9616, effective June 17, 1991; amended in R91-1 at 15 Ill. Reg. 14554, effective September

30, 1991; amended in R91-13 at 16 Ill. Reg. 9767, effective June 9, 1992; amended in R92-10 at

17 Ill. Reg. 5774, effective March 26, 1993; amended in R93-4 at 17 Ill. Reg. 20794, effective

November 22, 1993; amended in R93-16 at 18 Ill. Reg. 6898, effective April 26, 1994; amended

in R94-7 at 18 Ill. Reg. 12392, effective July 29, 1994; amended in R94-5 at 18 Ill. Reg. 18316,

effective December 20, 1994; amended in R95-6 at 19 Ill. Reg. 9920, effective June 27, 1995;

amended in R95-20 at 20 Ill. Reg. 11225, effective August 1, 1996; amended in R96-10/R97-

3/R97-5 at 22 Ill. Reg. 553, effective December 16, 1997; amended in R98-12 at 22 Ill. Reg.

7632, effective April 15, 1998; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17930, effective

September 28, 1998; amended in R98-21/R99-2/R99-7 at 23 Ill. Reg. 2153, effective January 19,

1999; amended in R99-15 at 23 Ill. Reg. 9381, effective July 26, 1999; amended in R00-13 at 24

Ill. Reg. 9765, effective June 20, 2000; amended in R01-21/R01-23 at 25 Ill. Reg. 9313,

effective July 9, 2001; amended in R02-1/R02-12/R02-17 at 26 Ill. Reg. 6539, effective April 22,

2002; amended in R03-7 at 27 Ill. Reg. 3496, effective February 14, 2003; amended in R03-18 at

27 Ill. Reg. 12683, effective July 17, 2003; amended in R05-8 at 29 Ill. Reg. 5966, effective

April 13,

2005; amended in R06-5/R06-6/R06-7 at 30 Ill. Reg. ________, effective

______________________.

SUBPART C: AUTHORIZATION BY RULE AND INTERIM STATUS

Section 703.140 Purpose and Scope

a) The Sections of this Subpart C are divided into the following two groups:

1) Section 703.141, (Permits by Rule); and

2) Sections 703.151 through 703.158, relating to interim status;

b) The interim status rules correspond to subpart G of 40 CFR 270, Subpart G,

which relates to interim status. Other portions of the federal rules may be found

in Subpart B of this Part. The intent is to group the interim status rules so they

can be more easily ignored by those to whom they do not apply, and so they can

be conveniently repealed after the interim status period.

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 703.141 Permits by Rule

Notwithstanding any other provision of this Part or 35 Ill. Adm. Code 705, the following must be

deemed to have a RCRA permit if the conditions listed are met:

a) Ocean disposal barges or vessels. The owner or operator of a barge or other

vessel that accepts hazardous waste for ocean disposal, if the owner or operator

does the following:

1) It has a permit for ocean dumping issued by USEPA under 40 CFR 220,

incorporated by reference in 35 Ill. Adm. Code 720.111;

2) It complies with the conditions of that permit; and

3) It complies with the following hazardous waste regulations, incorporated

by reference in 35 Ill. Adm. Code 720.111:

A) 40 CFR 264.11, 35 Ill. Adm. Code 724.111 (USEPA Identification

number Number);

B) 40 CFR 264.71, 35 Ill. Adm. Code 724.171 (Use of manifest

system Manifest System);

C) 40 CFR 264.72, 35 Ill. Adm. Code 724.172 (Manifest

discrepancies Discrepancies);

D) 40 CFR 264.73(a) and (b)(1), 35 Ill. Adm. Code 724.173(a) and

(b)(1) (Operating record Record);

E) 40 CFR 264.75, 35 Ill. Adm. Code 724.175 (Biennial report

Report); and

F) 40 CFR 264.76, 35 Ill. Adm. Code 724.176, (Unmanifested waste

report Waste Report);

b) Injection wells. The owner or operator of an underground injection well

disposing of hazardous waste, if the owner or operator fulfills the following

conditions:

1) It has a permit for underground injection issued under 35 Ill. Adm. Code

704; and

2) It complies with the conditions of that permit and the requirements of

Subpart F of 35 Ill. Adm. Code 704 (requirements for wells managing

hazardous waste); and

3) For UIC permits issued after November 8, 1984, the following:

A) It complies with 35 Ill. Adm. Code 724.201; and

B) Where the UIC well is the only unit at the facility that requires a

RCRA permit, it complies with Section 703.187.

c) Publicly owned treatment works (POTW). The owner or operator of a POTW

that accepts for treatment hazardous waste, if the owner or operator fulfills the

following conditions:

1) It has an NPDES permit;

2) It complies with the conditions of that permit; and

3) It complies with the following regulations:

A) 35 Ill. Adm. Code 724.111, (Identification number Number);

B) 35 Ill. Adm. Code 724.171, (Use of manifest system Manifest

System);

C) 35 Ill. Adm. Code 724.172, (Manifest discrepencies discrepancies;

D) 35 Ill. Adm. Code 724.173(a) and (b)(1), (Operating record

Record);

E) 35 Ill. Adm. Code 724.175, (Annual report Report);

F) 35 Ill. Adm. Code 724.176, (Unmanifested waste report Waste

Report); and

G) For NPDES permits issued after November 8, 1984, 35 Ill. Adm.

Code 724.201 (Corrective Action for Solid Waste Management

Units); and

4) If the waste meets all federal, it complies with State and local pretreatment

requirements that would be applicable to the waste if it were being

discharged into the POTW through a sewer, pipe, or similar conveyance.

BOARD NOTE: Illinois pretreatment requirements are codified in 35 Ill.

Adm. Code 307 and 310.

BOARD NOTE: See 40 CFR 270.60 (2002) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 703.153 Qualifying for Interim Status

a) Any person who owns or operates an existing HWM facility or a facility in

existence on the effective date of statutory or regulatory amendments that render

the facility subject to the requirement to have a RCRA permit must have interim

status and must be treated as having been issued a permit to the extent he or she

has fulfilled the following requirements:

1) Complied

The owner or operator has complied with the requirements of

Section 3010(a) of the federal Resource Conservation and Recovery Act

(42 USC 6930(a)) pertaining to notification of hazardous waste activity;

BOARD NOTE: Some existing facilities may not be required to file a

notification under Section 3010(a) of the federal Resource Conservation

and Recovery Act (42 USC 6930(a)). These facilities may qualify for

interim status by meeting subsection (a)(2).

2) Complied

The owner or operator has complied with the requirements of

Sections 703.150 and 703.152 governing submission of Part A

applications;

b) Failure to qualify for interim status. If the Agency has reason to believe upon

examination of a Part A application that it the Part A application fails to meet the

requirements of 35 Ill. Adm. Code 702.123 or 703.181, it must notify the owner

or operator in writing of the apparent deficiency. Such notice must specify the

grounds for the Agency’s belief that the application is deficient. The owner or

operator must have 30 days from receipt to respond to such a notification and to

explain or cure the alleged deficiency in its Part A application. If, after such

notification and opportunity for response, the Agency determines that the

application is deficient it may take appropriate enforcement action.

c) Subsection (a) of this Section must not apply to any facility that has been

previously denied a RCRA permit or if authority to operate the facility under the

federal Resource Conservation and Recovery Act (42 USC 6901 et seq.) has been

previously terminated.

BOARD NOTE: Derived from 40 CFR 270.70 (2002) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 703.155 Changes During Interim Status

a) Except as provided in subsection (b), of this Section the owner or operator of an

interim status facility may make the following changes at the facility:

1) Treatment, storage, or disposal of new hazardous wastes not previously

identified in Part A of the permit application (and, in the case of newly

listed or identified wastes, addition of the units being used to treat, store,

or dispose of the hazardous wastes on the date of the listing or

identification) if the owner or operator submits a revised Part A permit

application prior to such treatment, storage, or disposal;

2) Increases in the design capacity of processes used at the facility if the

owner or operator submits a revised Part A permit application prior to

such a change (along with a justification explaining the need for the

change) and the Agency approves the change because either of the

following conditions exist:

A) There is a lack of available treatment, storage, or disposal capacity

at other hazardous waste management facilities; or

B) The change is necessary to comply with a federal, State, or local

requirement, including 35 Ill. Adm. Code 725, 728, or 729;

3) Changes in the processes for the treatment, storage, or disposal of

hazardous waste may be made at a facility or addition of processes if the

owner or operator submits a revised Part A permit application prior to

such a change (along with a justification explaining the need for change)

and the Agency approves the change because either of the following

conditions exist:

A) The change is necessary to prevent a threat to human health or the

environment because of an emergency situation; or

B) The change is necessary to comply with a federal, State, or local

requirement, including 35 Ill. Adm. Code 725, 728, or 729;

4) Changes in the ownership or operational control of a facility if the new

owner or operator submits a revised Part A permit application no later

than 90 days prior to the scheduled change. When a transfer of ownership

or operational control of a facility occurs, the old owner or operator must

comply with the requirements of Subpart H of 35 Ill. Adm. Code 725

(financial requirements), until the new owner or operator has

demonstrated to the Agency that it is complying with the requirements of

that Subpart. The new owner or operator must demonstrate compliance

with the financial assurance requirements within six months after the date

of the change in the ownership or operational control of the facility. Upon

demonstration to the Agency by the new owner or operator of compliance

with the financial assurance requirements, the Agency must notify the old

owner or operator in writing that the old owner or operator no longer

needs to comply with Subpart H of 35 Ill. Adm. Code 725 as of the date of

demonstration. All other interim status duties are transferred effective

immediately upon the date of the change of ownership or operational

control of the facility;

5) Changes made in accordance with an interim status corrective action order

issued by: USEPA under Section 3008(h) of the federal Resource

Conservation and Recovery Act (42 USC 6901 et seq.) or other federal

authority; a court pursuant to a judicial action brought USEPA; a court

pursuant to the Environmental Protection Act; or the Board. Changes

under this subsection (a)(5) are limited to the treatment, storage, or

disposal of solid waste from releases that originate within the boundary of

the facility;

6) Addition of newly regulated units for the treatment, storage, or disposal of

hazardous waste if the owner or operator submits a revised Part A permit

application on or before the date on which the unit becomes subject to the

new requirements.

b) Except as specifically allowed under this subsection (b), changes listed under

subsection (a) of this Section must not be made if they amount to reconstruction

of the HWM facility. Reconstruction occurs when the capital investment in the

changes to the facility exceeds fifty percent of the capital cost of a comparable

entirely new HWM facility. If all other requirements are met, the following

changes may be made even if they amount to a reconstruction:

1) Changes made solely for the purpose of complying with requirements of

35 Ill. Adm. Code 725.293 for tanks and ancillary equipment.

2) If necessary to comply with federal, State or local requirements, including

35 Ill. Adm. Code 725, 728, or 729, changes to an existing unit, changes

solely involving tanks or containers, or addition of replacement surface

impoundments that satisfy the statutory standards of Section 35 Ill. Adm.

Code 728.139.

3) Changes that are necessary to allow an owner or operator to continue

handling newly listed or identified hazardous wastes that have been

treated, stored or disposed of at the facility prior to the effective date of

the rule establishing the new listing or identification.

4) Changes during closure of a facility or of a unit within a facility made in

accordance with an approved closure plan.

5) Changes necessary to comply with an interim status corrective action

order issued by: USEPA under Section 3008(h) of the federal Resource

Conservation and Recovery Act (42 USC 6930(a)) or other federal

authority; a court pursuant to a judicial action brought by USEPA; a court

pursuant to the Environmental Protection Act; or the Board. Changes

under this subsection (b)(5) are limited to the treatment, storage, or

disposal of solid waste from releases that originate within the boundary of

the facility.

6) Changes to treat or store, in tanks, containers, or containment buildings,

hazardous wastes subject to land disposal restrictions imposed in 35 Ill.

Adm. Code 728, provided that such changes are made solely for the

purpose of complying with 35 Ill. Adm. Code 728.

7) Addition of newly regulated units under subsection (a)(6) of this Section.

8) Changes necessary to comply with the federal Clean Air Act (CAA)

Maximum Achievable Control Technology (MACT) emissions standards

of subpart EEE of 40 CFR 63, Subpart EEE--(National Emission

Standards for Hazardous Air Pollutants From from Hazardous Waste

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

BOARD NOTE: Derived from 40 CFR 270.72 (2002) (2005). The federal CAA MACT

standards are directly implemented in Illinois pursuant to Section 39.5 of the Environmental

Protection Act [415 ILCS 5/39.5].

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

SUBPART D: APPLICATIONS

Section 703.185 Groundwater Protection Information

The following additional information regarding protection of groundwater is required from an

owner or operator of a hazardous waste facility containing a regulated unit, except as provided in

35 Ill. Adm. Code 724.190(b):

a) A summary of the groundwater monitoring data obtained during the interim status

period under 35 Ill. Adm. Code 725.190 through 725.194, where applicable;

b) Identification of the uppermost aquifer and aquifers hydraulically interconnected

beneath the facility property, including groundwater flow direction and rate, and

the basis for such identification (i.e., the information obtained from hydrogeologic

investigations of the facility area);

c) On the topographic map required under Section 703.183(s), a delineation of the

waste management area, the property boundary, the proposed “point of

compliance” as defined under 35 Ill. Adm. Code 724.195, the proposed location

of groundwater monitoring wells as required under 35 Ill. Adm. Code 724.197

and, to the extent possible, the information required in subsection (b) of this

Section;

d) A description of any plume of contamination that has entered the groundwater

from a regulated unit at the time that the application is submitted that does the

following:

1) It delineates the extent of the plume on the topographic map required

under Section 703.183(s);

2) It identifies the concentration of each Appendix I to 35 Ill. Adm. Code 724

constituent throughout the plume or identifies the maximum

concentrations of each Appendix I to 35 Ill. Adm. Code 724 constituent in

the plume;

e) Detailed plans and an engineering report describing the proposed groundwater

monitoring program to be implemented to meet the requirements of 35 Ill. Adm.

Code 724.197;

f) If the presence of hazardous constituents has not been detected in the groundwater

at the time of permit application, the owner or operator must submit sufficient

information, supporting data and analyses to establish a detection monitoring

program that meets the requirements of 35 Ill. Adm. Code 724.198. This

submission must address the following items as specified under that Section:

1) A proposed list of indicator parameters, waste constituents or reaction

products that can provide a reliable indication of the presence of

hazardous constituents in the groundwater;

2) A proposed groundwater monitoring system;

3) Background values for each proposed monitoring parameter or

constituent, or procedures to calculate such values; and

4) A description of proposed sampling, analysis, and statistical comparison

procedures to be utilized in evaluating groundwater monitoring data;

g) If the presence of hazardous constituents has been detected in the groundwater at

the point of compliance at the time of permit application, the owner or operator

must submit sufficient information, supporting data and analyses to establish a

compliance monitoring program that meets the requirements of 35 Ill. Adm. Code

724.199. Except as provided in 35 Ill. Adm. Code 724.198(h)(5), the owner or

operator must also submit an engineering feasibility plan for a corrective action

program necessary to meet the requirements of 35 Ill. Adm. Code 724.200, unless

the owner or operator obtains written authorization in advance from the Agency

to submit a proposed permit schedule for submittal of such a plan. To

demonstrate compliance with 35 Ill. Adm. Code 724.199, the owner or operator

must address the following items:

1) A description of the wastes previously handled at the facility;

2) A characterization of the contaminated groundwater, including

concentrations of hazardous constituents;

3) A list of hazardous constituents for which compliance monitoring will be

undertaken in accordance with 35 Ill. Adm. Code 724.197 and 724.199;

4) Proposed concentration limits for each hazardous constituent, based on the

criteria set forth in 35 Ill. Adm. Code 724.194(a), including a justification

for establishing any alternate concentration limits;

5) Detailed plans and an engineering report describing the proposed

groundwater monitoring system, in accordance with the requirements of

35 Ill. Adm. Code 724.197; and

6) A description of proposed sampling, analysis, and statistical comparison

procedures to be utilized in evaluating groundwater monitoring data;

h) If hazardous constituents have been measured in the groundwater that exceed the

concentration limits established under 35 Ill. Adm. Code 724.194, Table 1, or if

groundwater monitoring conducted at the time of permit application under 35 Ill.

Adm. Code 725.190 through 725.194 at the waste boundary indicates the

presence of hazardous constituents from the facility in groundwater over

background concentrations, the owner or operator must submit sufficient

information, supporting data, and analyses to establish a corrective action

program that meets the requirements of 35 Ill. Adm. Code 724.200. However, an

owner or operator is not required to submit information to establish a corrective

action program if it demonstrates to the Agency that alternate concentration limits

will protect human health and the environment after considering the criteria listed

in 35 Ill. Adm. Code 724.194(b). An owner or operator who is not required to

establish a corrective action program for this reason must instead submit

sufficient information to establish a compliance monitoring program that meets

the requirements of subsection (f) and 35 Ill. Adm. Code 724.199. To

demonstrate compliance with 35 Ill. Adm. Code 724.200, the owner or operator

must address, at a minimum, the following items:

1) A characterization of the contaminated groundwater, including

concentrations of hazardous constituents;

2) The concentration limit for each hazardous constituent found in the

groundwater, as set forth in 35 Ill. Adm. Code 724.194;

3) Detailed plans and an engineering report describing the corrective action

to be taken; and

4) A description of how the groundwater monitoring program will assess the

adequacy of the corrective action.

5) The permit may contain a schedule for submittal of the information

required in subsections (h)(3) and (h)(4) of this Section, provided the

owner or operator obtains written authorization from the Agency prior to

submittal of the complete permit application.

BOARD NOTE: See Derived from 40 CFR 270.14(c) (2002) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 703.204 Waste Piles

For a facility that stores or treats hazardous waste in waste piles, except as otherwise provided in

35 Ill. Adm. Code 724.101, the Part B application must include the following:

a) A list of hazardous wastes placed or to be placed in each waste pile;

b) If an exemption is sought to 35 Ill. Adm Adm. Code 724.351 and Subpart F of 35

Ill. Adm. Code 724, as provided by 35 Ill. Adm. Code 724.350(c) or

724.190(b)(2), an explanation of how the requirements of 35 Ill. Adm. Code

724.350(c) will be complied with or detailed plans and an engineering report

describing how the requirements of 35 Ill. Adm. Code 724.190(b)(2) will be met;

c) Detailed plans and an engineering report describing how the pile is designed and

is or will be constructed, operated and maintained to meet the requirements of 35

Ill. Adm. Code 724.119, 724.351, 724.352, and 724.353, addressing the following

items:

1) Liner, leak detection, and removal system.

A) The liner system (except for an existing portion of a waste pile), if

the waste pile must meet the requirements of 35 Ill. Adm. Code

724.351(a). If an exemption from the requirement for a liner is

sought, as provided by 35 Ill. Adm. Code 724.351(b), the owner or

operator must submit a copy of the Board order granting an

adjusted standard pursuant to 35 Ill. Adm. Code 724.351(b);

B) The double liner and leak (leachate) detection, collection and

removal system, if the waste pile must meet the requirements of 35

Ill. Adm. Code 724.351(c). If an exemption from the requirements

for double liners and a leak detection, collection, and removal

system or alternative design is sought as provided by 35 Ill. Adm.

Code 724.351(d), (e), or (f), submit appropriate information;

C) If the leak detection system is located in a saturated zone, submit

detailed plans and an engineering report explaining the leak

detection system design and operation, and the location of the

saturated zone in relation to the leak detection system;

D) The CQA plan, if required under 35 Ill. Adm. Code 724.119;

E) Proposed action leakage rate, with rationale, if required under 35

Ill. Adm. Code 724.352, and response action plan, if required

under 35 Ill. Adm. Code 724.353;

2) Control of run-on;

3) Control of run-off;

4) Management of collection and holding units associated with run-on and

run-off control systems; and

5) Control of wind dispersal of particulate matter, where applicable;

d) A description of how each waste pile, including the double liner system, leachate

collection and removal system, leak detection system, cover system, and

appurtenances for control of run-on and run-off, will be inspected in order to meet

the requirements of 35 Ill. Adm. Code 724.354(a), (b), and (c). This information

must be included in the inspection plan submitted under Section 703.183(e).

e) If the treatment is carried out on or in the pile, details about the process and

equipment used, and the nature and quality of the residuals;

f) If ignitable or reactive wastes are to be placed in a waste pile, an explanation of

how the requirements of 35 Ill. Adm. Code 724.356 will be complied with;

g) If incompatible wastes, or incompatible wastes and materials, will be placed in a

waste pile, an explanation of how 35 Ill. Adm. Code 724.357 will be complied

with;

h) A description of how hazardous waste residues and contaminated materials will

be removed from the waste pile at closure, as required under 35 Ill. Adm. Code

724.358(a). For any waste not to be removed from the waste pile upon closure,

the owner or operator must submit detailed plans and an engineering report

describing how 35 Ill. Adm. Code 724.410(a) and (b) will be complied with. This

information must be included in the closure plan and, where applicable, the post-

closure plan submitted under Section 703.183(m); and

i) A waste management plan for hazardous waste numbers F020, F021, F022, F023,

F026, and F027 describing how the surface impoundment is or will be designed,

constructed, operated, and maintained to meet the requirements of 35 Ill. Adm.

Code 724.359. This submission must address the following items as specified in

that Section:

1) The volume, physical, and chemical characteristics of the wastes,

including their potential to migrate through soil or to volatilize or escape

into the atmosphere;

2) The attenuative properties of underlying and surrounding soils or other

materials;

3) The mobilizing properties of other materials co-disposed with these

wastes; and

4) The effectiveness of additional treatment, design, or monitoring

techniques.

BOARD NOTE: Derived from 40 CFR 270.18 (2002) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 703.205 Incinerators that Burn Hazardous Waste

For a facility that incinerates hazardous waste, except as 35 Ill. Adm. Code 724.440 and

subsection (e) of this Section provide otherwise, the applicant must fulfill the requirements of

subsection (a), (b), or (c) of this Section in completing the Part B application.

a) When seeking exemption under 35 Ill. Adm. Code 724.440(b) or (c) (ignitable,

corrosive, or reactive wastes only), the following requirements:

1) Documentation that the waste 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;

2) Documentation that the waste 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;

3) Documentation that the waste is a hazardous waste solely because it

possesses the characteristic of ignitability or corrosivity, or both, as

determined by the tests for characteristics of hazardous wastes under

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

4) Documentation that the waste is a hazardous waste solely because it

possesses the reactivity characteristics listed in 35 Ill. Adm. Code

721.123(a)(1) through (a)(3) or (a)(6) through (a)(8), and that it will not be

burned when other hazardous wastes are present in the combustion zone.

b) Submit a trial burn plan or the results of a trial burn, including all required

determinations, in accordance with Section 703.222 et seq.

c) In lieu of a trial burn, the applicant may submit the following information:

1) An analysis of each waste or mixture of wastes to be burned including the

following:

A) Heat value of the waste in the form and composition in which it

will be burned;

B) Viscosity (if applicable) or description of physical form of the

waste;

C) An identification of any hazardous organic constituents listed in

Appendix H to 35 Ill. Adm. Code 721 that are present in the waste

to be burned, except that the applicant need not analyze for

constituents listed in Appendix H to 35 Ill. Adm. Code 721 that

would reasonably not be expected to be found in the waste. The

constituents excluded from analysis must be identified and the

basis for their exclusion stated. The waste analysis must rely on

appropriate analytical techniques specified in “Test Methods for

the Evaluation of Solid Waste, Physical/Chemical Methods,”

USEPA Publication SW-846, as incorporated by reference at 35 Ill.

Adm. Code 720.111, or their equivalent;

D) An approximate quantification of the hazardous constituents

identified in the waste, within the precision produced by the

appropriate analytical methods specified in “Test Methods for the

Evaluation of Solid Waste, Physical/Chemical Methods,” USEPA

Publication SW-846, as incorporated by reference at 35 Ill. Adm.

Code 720.111; and

E) A quantification of those hazardous constituents in the waste that

may be designated as POHCs based on data submitted from other

trial or operational burns that demonstrate compliance with the

performance standard in 35 Ill. Adm. Code 724.443;

2) A detailed engineering description of the incinerator, including the

following:

A) Manufacturer’s name and model number of incinerator;

B) Type of incinerator;

C) Linear dimension of incinerator unit including cross sectional area

of combustion chamber;

D) Description of auxiliary fuel system (type/feed);

E) Capacity of prime mover;

F) Description of automatic waste feed cutoff systems;

G) Stack gas monitoring and pollution control monitoring system;

H) Nozzle and burner design;

I) Construction materials; and

J) Location and description of temperature, pressure and flow

indicating devices and control devices;

3) A description and analysis of the waste to be burned compared with the

waste for which data from operational or trial burns are provided to

support the contention that a trial burn is not needed. The data should

include those items listed in subsection (c)(1) of this Section. This

analysis should specify the POHCs that the applicant has identified in the

waste for which a permit is sought, and any differences from the POHCs

in the waste for which burn data are provided;

4) The design and operating conditions of the incinerator unit to be used,

compared with that for which comparative burn data are available;

5) A description of the results submitted from any previously conducted trial

burns, including the following:

A) Sampling and analysis techniques used to calculate performance

standards in 35 Ill. Adm. Code 724.443;

B) Methods and results of monitoring temperatures, waste feed rates,

carbon monoxide, and an appropriate indicator of combustion gas

velocity (including a statement concerning the precision and

accuracy of this measurement); and

C) The certification and results required by subsection (b) of this

Section;

6) The expected incinerator operation information to demonstrate compliance

with 35 Ill. Adm. Code 724.443 and 724.445, including the following:

A) Expected carbon monoxide (CO) level in the stack exhaust gas;

B) Waste feed rate;

C) Combustion zone temperature;

D) Indication of combustion gas velocity;

E) Expected stack gas volume, flow rate, and temperature;

F) Computed residence time for waste in the combustion zone;

G) Expected hydrochloric acid removal efficiency;

H) Expected fugitive emissions and their control procedures; and

I) Proposed waste feed cut-off limits based on the identified

significant operating parameters;

7) The Agency may, pursuant to 35 Ill. Adm. Code 705.122, request such

additional information as may be necessary for the Agency to determine

whether the incinerator meets the requirements of Subpart O of 35 Ill.

Adm. Code 724 and what conditions are required by that Subpart and

Section 39(d) of the Environmental Protection Act [415 ILCS 5/39(d)];

and

8) Waste analysis data, including that submitted in subsection (c)(1) of this

Section, sufficient to allow the Agency to specify as permit Principal

Organic Hazardous Constituents (permit POHCs) those constituents for

which destruction and removal efficiencies will be required.

d) The Agency must approve a permit application without a trial burn if it finds the

following:

1) The wastes are sufficiently similar; and

2) The incinerator units are sufficiently similar, and the data from other trial

burns are adequate to specify (under 35 Ill. Adm. Code 724.445) operating

conditions that will ensure that the performance standards in 35 Ill. Adm.

Code 724.443 will be met by the incinerator.

e) When an owner or operator demonstrates compliance with the air emission

standards and limitations of the federal National Emission Standards for

Hazardous Air Pollutants (NESHAPs) in subpart EEE of 40 CFR 63, subpart EEE

(National Emission Standards for Hazardous Air Pollutants from Hazardous

Waste Combustors), incorporated by reference in 35 Ill. Adm. Code 720.111

720.111(b) (i.e., by conducting a comprehensive performance test and submitting

a Notification of Compliance under 40 CFR 63.1207(j) and 63.1210(b)

documenting compliance with all applicable requirements of subpart EEE of 40

CFR 63, subpart EEE), the requirements of this Section do not apply, except those

provisions that the Agency determines are necessary to ensure compliance with

35 Ill. Adm. Code 724.445(a) and (c) if the owner or operator elects to comply

with Section 703.320(a)(1)(A) to minimize emissions of toxic compounds from

startup, shutdown, and malfunction events. Nevertheless, the Agency may apply

the provisions of this Section, on a case-by-case basis, for purposes of

information collection in accordance with Sections 703.188 and 703.241(b)(2).

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.

BOARD NOTE: Derived from 40 CFR 270.19 (2002), as amended at 67 Fed. Reg. 77687

(December 19, 2002) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 703.208 Boilers and Industrial Furnaces Burning Hazardous Waste

When the owner or operator of a cement or lightweight aggregate kiln demonstrates compliance

with the air emission standards and limitations of the federal National Emission Standards for

Hazardous Air Pollutants (NESHAPs) in subpart EEE of 40 CFR 63, subpart EEE (National

Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors),

incorporated by reference in 35 Ill. Adm. Code 720.111 720.111(b) (i.e., by conducting a

comprehensive performance test and submitting a Notification of Compliance under 40 CFR

63.1207(j) and 63.1210(b) documenting compliance with all applicable requirements of subpart

EEE of 40 CFR 63, subpart EEE), the requirements of this Section do not apply, except those

provisions that the Agency determines are necessary to ensure compliance with 35 Ill. Adm.

Code 726.202(e)(1) and (e)(2)(C) if the owner or operator elects to comply with Section

703.310(a)(1)(A) to minimize emissions of toxic compounds from startup, shutdown, and

malfunction events. Nevertheless, the Agency may apply the provisions of this Section, on a

case-by-case basis, for purposes of information collection in accordance with Sections 703.188

and 703.241(a)(2).

a) Trial burns.

1) General. Except as provided below, an owner or operator that is subject to

the standards to control organic emissions provided by 35 Ill. Adm. Code

726.204, standards to control particulate matter provided by 35 Ill. Adm.

Code 726.205, standards to control metals emissions provided by 35 Ill.

Adm. Code 726.206, or standards to control hydrogen chloride (HCl) or

chlorine gas emissions provided by 35 Ill. Adm. Code 726.207 must

conduct a trial burn to demonstrate conformance with those standards and

must submit a trial burn plan or the results of a trial burn, including all

required determinations, in accordance with Section 703.232.

A) Under subsections (a)(2) through (a)(5) of this Section and 35 Ill.

Adm. Code 726.204 through 726.207, the Agency may waive a

trial burn to demonstrate conformance with a particular emission

standard; and

B) The owner or operator may submit data in lieu of a trial burn, as

prescribed in subsection (a)(6) of this Section.

2) Waiver of trial burn of DRE (destruction removal efficiency).

A) Boilers operated under special operating requirements. When

seeking to be permitted under 35 Ill. Adm. Code 726.204(a)(4) and

726.210, which automatically waive the DRE trial burn, the owner

or operator of a boiler must submit documentation that the boiler

operates under the special operating requirements provided by 35

Ill. Adm. Code 726.210.

B) Boilers and industrial furnaces burning low risk waste. When

seeking to be permitted under the provisions for low risk waste

provided by 35 Ill. Adm. Code 726.204(a)(5) and 726.209(a),

which waive the DRE trial burn, the owner or operator must

submit the following:

i) Documentation that the device is operated in conformance

with the requirements of 35 Ill. Adm. Code 726.209(a)(1).

ii) Results of analyses of each waste to be burned,

documenting the concentrations of nonmetal compounds

listed in Appendix H to 35 Ill. Adm. Code 721, except for

those constituents that would reasonably not be expected to

be in the waste. The constituents excluded from analysis

must be identified and the basis for their exclusion

explained. The analysis must rely on approriate analytical

techniques specified in Test Methods for the Evaluation of

Solid Waste, Physical/Chemical Methods, incorporated by

reference in 35 Ill. Adm. Code 720.111.

iii) Documentation of hazardous waste firing rates and

calculations of reasonable, worst-case emission rates of

each constituent identified in subsection (a)(2)(B)(ii) of this

Section using procedures provided by 35 Ill. Adm. Code

726.209(a)(2)(B).

iv) Results of emissions dispersion modeling for emissions

identified in subsection (a)(2)(B)(iii) of this Section using

modeling procedures prescribed by 35 Ill. Adm. Code

726.206(h). The Agency must review the emission

modeling conducted by the applicant to determine

conformance with these procedures. The Agency must

either approve the modeling or determine that alternate or

supplementary modeling is appropriate.

v) Documentation that the maximum annual average ground

level concentration of each constituent identified in

subsection (a)(2)(B)(ii) of this Section quantified in

conformance with subsection (a)(2)(B)(iv) of this Section

does not exceed the allowable ambient level established in

Appendix D or E to 35 Ill. Adm. Code 726. The acceptable

ambient concentration for emitted constituents for which a

specific reference air concentration has not been

established in Appendix D to 35 Ill. Adm. Code 726 or

risk-specific doses has not been established in Appendix E

to 35 Ill. Adm. Code 726 is 0.1 micrograms per cubic

meter, as noted in the footnote to Appendix D to 35 Ill.

Adm. Code 726.

3) Waiver of trial burn for metals. When seeking to be permitted under the

Tier I (or adjusted Tier I) metals feed rate screening limits provided by 35

Ill. Adm. Code 726.206(b) and (e) that control metals emissions without

requiring a trial burn, the owner or operator must submit the following:

A) Documentation of the feed rate of hazardous waste, other fuels,

and industrial furnace feed stocks;

B) Documentation of the concentration of each metal controlled by 35

Ill. Adm. Code 726.206(b) or (c) in the hazardous waste, other

fuels and industrial furnace feedstocks, and calculations of the total

feed rate of each metal;

C) Documentation of how the applicant will ensure that the Tier I feed

rate screening limits provided by 35 Ill. Adm. Code 726.206(b) or

(e) will not be exceeded during the averaging period provided by

that subsection;

D) Documentation to support the determination of the TESH (terrain-

adjusted effective stack height), good engineering practice stack

height, terrain type, and land use, as provided by 35 Ill. Adm. Code

726.206(b)(3) through (5);

E) Documentation of compliance with the provisions of 35 Ill. Adm.

Code 726.206(b)(6), if applicable, for facilities with multiple

stacks;

F) Documentation that the facility does not fail the criteria provided

by 35 Ill. Adm. Code 726.206(b)(7) for eligibility to comply with

the screening limits; and

G) Proposed sampling and metals analysis plan for the hazardous

waste, other fuels, and industrial furnace feed stocks.

4) Waiver of trial burn for PM (particulate matter). When seeking to be

permitted under the low risk waste provisions of 35 Ill. Adm. Code

726.209(b), which waives the particulate standard (and trial burn to

demonstrate conformance with the particulate standard), applicants must

submit documentation supporting conformance with subsections (a)(2)(B)

and (a)(3) of this Section.

5) Waiver of trial burn for HCl and chlorine gas. When seeking to be

permitted under the Tier I (or adjusted Tier I) feed rate screening limits for

total chlorine and chloride provided by 35 Ill. Adm. Code 726.207(b)(1)

and (e) that control emissions of HCl and chlorine gas without requiring a

trial burn, the owner or operator must submit the following:

A) Documentation of the feed rate of hazardous waste, other fuels,

and industrial furnace feed stocks;

B) Documentation of the levels of total chlorine and chloride in the

hazardous waste, other fuels and industrial furnace feedstocks, and

calculations of the total feed rate of total chlorine and chloride;

C) Documentation of how the applicant will ensure that the Tier I (or

adjusted Tier I) feed rate screening limits provided by 35 Ill. Adm.

Code 726.207(b)(1) or (e) will not be exceeded during the

averaging period provided by that subsection;

D) Documentation to support the determination of the TESH, good

engineering practice stack height, terrain type and land use as

provided by 35 Ill. Adm. Code 726.207(b)(3);

E) Documentation of compliance with the provisions of 35 Ill. Adm.

Code 726.207(b)(4), if applicable, for facilities with multiple

stacks;

F) Documentation that the facility does not fail the criteria provided

by 35 Ill. Adm. Code 726.207(b)(3) for eligibility to comply with

the screening limits; and

G) Proposed sampling and analysis plan for total chlorine and

chloride for the hazardous waste, other fuels, and industrial

furnace feedstocks.

6) Data in lieu of trial burn. The owner or operator may seek an exemption

from the trial burn requirements to demonstrate conformance with Section

703.232 and 35 Ill. Adm. Code 726.204 through 726.207 by providing the

information required by Section 703.232 from previous compliance testing

of the device in conformance with 35 Ill. Adm. Code 726.203 or from

compliance testing or trial or operational burns of similar boilers or

industrial furnaces burning similar hazardous wastes under similar

conditions. If data from a similar device is used to support a trial burn

waiver, the design and operating information required by Section 703.232

must be provided for both the similar device and the device to which the

data is to be applied, and a comparison of the design and operating

information must be provided. The Agency must approve a permit

application without a trial burn if the Agency finds that the hazardous

wastes are sufficiently similar, the devices are sufficiently similar, the

operating conditions are sufficiently similar, and the data from other

compliance tests, trial burns, or operational burns are adequate to specify

(under 35 Ill. Adm. Code 726.102) operating conditions that will ensure

conformance with 35 Ill. Adm. Code 726.102(c). In addition, the

following information must be submitted:

A) For a waiver from any trial burn, the following:

i) A description and analysis of the hazardous waste to be

burned compared with the hazardous waste for which data

from compliance testing or operational or trial burns are

provided to support the contention that a trial burn is not

needed;

ii) The design and operating conditions of the boiler or

industrial furnace to be used, compared with that for which

comparative burn data are available; and

iii) Such supplemental information as the Agency finds

necessary to achieve the purposes of this subsection (a).

B) For a waiver of the DRE trial burn, the basis for selection of

POHCs (principal organic hazardous constituents) used in the

other trial or operational burns that demonstrate compliance with

the DRE performance standard in 35 Ill. Adm. Code 726.204(a).

This analysis should specify the constituents in Appendix H to 35

Ill. Adm. Code 721 that the applicant has identified in the

hazardous waste for which a permit is sought and any differences

from the POHCs in the hazardous waste for which burn data are

provided.

b) Alternative HC limit for industrial furnaces with organic matter in raw materials.

An owner or operator of industrial furnaces requesting an alternative HC limit

under 35 Ill. Adm. Code 726.204(f) must submit the following information at a

minimum:

1) Documentation that the furnace is designed and operated to minimize HC

emissions from fuels and raw materials;

2) Documentation of the proposed baseline flue gas HC (and CO)

concentration, including data on HC (and CO) levels during tests when the

facility produced normal products under normal operating conditions from

normal raw materials while burning normal fuels and when not burning

hazardous waste;

3) Test burn protocol to confirm the baseline HC (and CO) level including

information on the type and flow rate of all feedstreams, point of

introduction of all feedstreams, total organic carbon content (or other

appropriate measure of organic content) of all nonfuel feedstreams, and

operating conditions that affect combustion of fuels and destruction of

hydrocarbon emissions from nonfuel sources;

4) Trial burn plan to do the following:

A) To demonstrate when burning hazardous waste that flue gas HC

(and CO) concentrations do not exceed the baseline HC (and CO)

level; and

B) To identify, in conformance with Section 703.232(d), the types and

concentrations of organic compounds listed in Appendix H to 35

Ill. Adm. Code 721 that are emitted when burning hazardous

waste;

5) Implementation plan to monitor over time changes in the operation of the

facility that could reduce the baseline HC level and procedures to

periodically confirm the baseline HC level; and

6) Such other information as the Agency finds necessary to achieve the

purposes of this subsection (b).

c) Alternative metals implementation approach. When seeking to be permitted

under an alternative metals implementation approach under 35 Ill. Adm. Code

726.206(f), the owner or operator must submit documentation specifying how the

approach ensures compliance with the metals emissions standards of 35 Ill. Adm.

Code 726.106(c) or (d) and how the approach can be effectively implemented and

monitored. Further, the owner or operator must provide such other information

that the Agency finds necessary to achieve the purposes of this subsection (c).

d) Automatic waste feed cutoff system. An owner or operator must submit

information describing the automatic waste feed cutoff system, including any pre-

alarm systems that may be used.

e) Direct transfer. An owner or operator that uses direct transfer operations to feed

hazardous waste from transport vehicles (containers, as defined in 35 Ill. Adm.

Code 726.211) directly to the boiler or industrial furnace must submit information

supporting conformance with the standards for direct transfer provided by 35 Ill.

Adm. Code 726.211.

f) Residues. An owner or operator that claims that its residues are excluded from

regulation under the provisions of 35 Ill. Adm. Code 726.212 must submit

information adequate to demonstrate conformance with those provisions.

BOARD NOTE: Derived from 40 CFR 270.22 (2002), as amended at 67 Fed. Reg. 77687

(December 19, 2002) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 703.210 Process Vents

Except as otherwise provided in 35 Ill. Adm. Code 724.101, the owner or operator of a facility

that has process vents to which Subpart AA of 35 Ill. Adm. Code 724 applies must provide the

following additional information:

a) For facilities that cannot install a closed-vent system and control device to comply

with Subpart AA of 35 Ill. Adm. Code 724 on the effective date on which the

facility becomes subject to that Subpart or Subpart AA of 35 Ill. Adm. Code 725,

an implementation schedule, as specified in 35 Ill. Adm. Code 724.933(a)(2).

b) Documentation of compliance with the process vent standards in 35 Ill. Adm.

Code 724.932, including the following:

1) Information and data identifying all affected process vents, annual

throughput and operating hours of each affected unit, estimated emission

rates for the 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);

2) Information and data supporting estimates of vent emissions and emission

reduction achieved by add-on control devices based on engineering

calculations or source tests. For the purpose of determining compliance,

estimates of vent emissions and emission reductions must be made using

operating parameter values (e.g., temperatures, flow rates, or

concentrations) that represent the conditions that exist when the waste

management unit is operating at the highest load or capacity level

reasonably expected to occur; and

3) Information and data used to determine whether or not a process vent is

subject to 35 Ill. Adm. Code 724.932.

c) Where an owner or operator applies for permission to use a control device other

than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process

heater, condenser, or carbon adsorption system to comply with 35 Ill. Adm. Code

724.932, and chooses to use test data to determine the organic removal efficiency

or the total organic compound concentration achieved by the control device, a

performance test plan as specified in 35 Ill. Adm. Code 724.935(b)(3).

d) Documentation of compliance with 35 Ill. Adm. Code 724.933, including the

following:

1) A list of all information references and sources used in preparing the

documentation.

2) Records, including the dates of each compliance test required by 35 Ill.

Adm. Code 724.933(k).

3) A design analysis, specifications, drawings, schematics, piping, and

instrumentation diagrams based on the appropriate sections of “APTI

Course 415: Control of Gaseous Emissions,” USEPA publication number

450/2-81-005, incorporated by reference in 35 Ill. Adm. Code 720.111

720.111(a), or other engineering texts approved by the Agency that

present basic control device design information. The design analysis must

address the vent stream characteristics and control device parameters as

specified in 35 Ill. Adm. Code 724.935(b)(4)(C).

4) 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.

5) A statement signed and dated by the owner or operator certifying that the

control device is designed to operate at an efficiency of 95 weight percent

or greater, unless the total organic emission limits of 35 Ill. Adm. Code

724.932(a) for affected process vents at the facility can be attained by a

control device involving vapor recovery at an efficiency less than 95

weight percent.

BOARD NOTE: Derived from 40 CFR 270.24 (2002) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 703.211 Equipment

Except as otherwise provided in 35 Ill. Adm. Code 724.101, the owner or operator of a facility

that has equipment to which Subpart BB of 35 Ill. Adm. Code 724 applies must provide the

following additional information:

a) For each piece of equipment to which Subpart BB of 35 Ill. Adm. Code 724

applies, the following:

1) Equipment identification number and hazardous waste management unit

identification;

2) Approximate locations within the facility (e.g., identify the hazardous

waste management unit on a facility plot plan);

3) Type of equipment (e.g., a pump or pipeline valve);

4) Percent by weight total organics in the hazardous wastestream at the

equipment;

5) Hazardous waste state at the equipment (e.g., gas/vapor or liquid); and

6) Method of compliance with the standard (e.g., “monthly leak detection

and repair” or “equipped with dual mechanical seals”).

b) For facilities that cannot install a closed-vent system and control device to comply

with Subpart BB of 35 Ill. Adm. Code 724 on the effective date that facility

becomes subject to this Subpart or Subpart BB of 35 Ill. Adm. Code 724, an

implementation schedule as specified in 35 Ill. Adm. Code 724.933(a)(2).

c) Where an owner or operator applies for permission to use a control device other

than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process

heater, condenser, or carbon adsorption system and chooses to use test data to

determine the organic removal efficiency or the total organic compound

concentration achieved by the control device, a performance test plan as specified

in 35 Ill. Adm. Code 724.935(b)(3).

d) Documentation that demonstrates compliance with the equipment standards in 35

Ill. Adm. Code 724.952 or 724.959. This documentation must contain the records

required under 35 Ill. Adm. Code 724.964. The Agency must request further

documentation if necessary to demonstrate compliance. Documentation to

demonstrate compliance with 35 Ill. Adm. Code 724.960 must include the

following information:

1) A list of all information references and sources used in preparing the

documentation;

2) Records, including the dates of each compliance test required by 35 Ill.

Adm. Code 724.933(j);

3) A design analysis, specifications, drawings, schematics, and piping and

instrumentation diagrams based on the appropriate sections of “APTI

Course 415: Control of Gaseous Emissions,” USEPA publication number

450/2-81-005, incorporated by reference in 35 Ill. Adm. Code 720.111

720.111(a), or other engineering texts approved by the Agency that

present basic control device design information. The design analysis must

address the vent stream characteristics and control device parameters as

specified in 35 Ill. Adm. Code 724.935(b)(4)(C);

4) 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; and

5) A statement signed and dated by the owner or operator certifying that the

control device is designed to operate at an efficiency of 95 weight percent

or greater.

BOARD NOTE: Derived from 40 CFR 270.25 (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 703.213 Air Emission Controls for Tanks, Surface Impoundments, and Containers

Except as otherwise provided in 35 Ill. Adm. Code 724.101, the owner or operator of a tank, a

surface impoundment, or a container that uses air emission controls in accordance with the

requirements of Subpart CC of 35 Ill. Adm. Code 724 must provide the following additional

information:

a) Documentation for each floating roof cover installed on a tank subject to 35 Ill.

Adm. Code 724.984(d)(1) or (d)(2) 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

applicable design specifications, as listed in 35 Ill. Adm. Code 725.991(e)(1) or

(f)(1).

b) Identification of each container area subject to the requirements of Subpart CC of

35 Ill. Adm. Code 724 and certification by the owner or operator that the

requirements of this Subpart D are met.

c) Documentation for each enclosure used to control air pollutant emissions from

containers in accordance with the requirements of 35 Ill. Adm. Code

724.984(d)(5) or 724.986(e)(1)(ii) that includes 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 in appendix B to 40 CFR 52.741, appendix B (VOM

Measurement Techniques for Capture Efficiency), incorporated by reference in 35

Ill. Adm. Code 720.111 720.111(b).

d) Documentation for each floating membrane cover installed on a surface

impoundment in accordance with the requirements of 35 Ill. Adm. Code

724.985(c) 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 35 Ill. Adm. Code 724.985(c)(1).

e) Documentation for each closed-vent system and control device installed in

accordance with the requirements of 35 Ill. Adm. Code 724.987 that includes

design and performance information, as specified in Section 703.124(c) and (d).

f) An emission monitoring plan for both Method 21 (Determination of Volatile

Organic Compound Leaks) in appendix A to 40 CFR 60, appendix A (Test

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

and control device monitoring methods. This plan must include the following

information: monitoring points, monitoring methods for control devices,

monitoring frequency, procedures for documenting exceedances exceedences, and

procedures for mitigating noncompliances.

g) When an owner or operator of a facility subject to Subpart CC of 35 Ill. Adm.

Code 725 cannot comply with Subpart CC of 35 Ill. Adm. Code 724 by the date

of permit issuance, the schedule of implementation required under 35 Ill. Adm.

Code 725.982.

BOARD NOTE: Derived from 40 CFR 270.27(a) (2002) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

SUBPART E: SHORT TERM AND PHASED PERMITS

Section 703.221 Alternative Compliance with the Federal NESHAPS

When an owner or operator demonstrates compliance with the air emission standards and

limitations of the federal National Emission Standards for Hazardous Air Pollutants (NESHAPs)

in subpart EEE of 40 CFR 63, subpart EEE (National Emission Standards for Hazardous Air

Pollutants from Hazardous Waste Combustors), incorporated by reference in 35 Ill. Adm. Code

720.111 720.111(b) (i.e., by conducting a comprehensive performance test and submitting a

Notification of Compliance under 40 CFR 63.1207(j) and 63.1210(b) documenting compliance

with all applicable requirements of subpart EEE to 40 CFR 63, subpart EEE), the requirements

of Sections 703.221 through 703.225 do not apply, except those provisions that the Agency

determines are necessary to ensure compliance with 35 Ill. Adm. Code 724.445(a) and (c) if the

owner or operator elects to comply with Section 703.310(a)(1)(A) to minimize emissions of

toxic compounds from startup, shutdown, and malfunction events. Nevertheless, the Agency

may apply the provisions of Sections 703.221 through 703.225, on a case-by-case basis, for

purposes of information collection in accordance with Sections 703.188 and 703.241(a)(2).

BOARD NOTE: Derived from 40 CFR 270.62 preamble (2002), as amended at 67 Fed. Reg.

77687 (December 19, 2002) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 703.223 Incinerator Conditions During Trial Burn

For the purposes of determining feasibility of compliance with the performance standards of 35

Ill. Adm. Code 724.443 and of determining adequate operating conditions under 35 Ill. Adm.

Code 724.445, the Agency must establish conditions in the permit to a new hazardous waste

incinerator to be effective during the trial burn.

a) Applicants must propose a trial burn plan, prepared under subsection (b) of this

Section with Part B of the permit application;

b) The trial burn plan must include the following information:

1) An analysis of each waste or mixture of wastes to be burned that includes

the following:

A) Heat value of the waste in the form and composition in which it

will be burned;

B) Viscosity (if applicable), or description of physical form of the

waste;

C) An identification of any hazardous organic constituents listed in

Appendix H to 35 Ill. Adm. Code 721, that are present in the waste

to be burned, except that the applicant need not analyze for

constituents listed in Appendix H to 35 Ill. Adm. Code 721 that

would reasonably not be expected to be found in the waste. The

constituents excluded from analysis must be identified, and the

basis for their exclusion stated. The waste analysis must rely on

appropriate analytical techniques specified in “Test Methods for

the Evaluation of Solid Waste, Physical/Chemical Methods,”

USEPA Publication SW-846, as incorporated by reference at 35

Ill. Adm. Code 720.111 and Section 703.110, or their equivalent;

and

D) An approximate quantification of the hazardous constituents

identified in the waste, within the precision produced by the

appropriate analytical methods specified in “Test Methods for the

Evaluation of Solid Waste, Physical/Chemical Methods,” USEPA

Publication SW-846, as incorporated by reference at 35 Ill. Adm.

Code 720.111 and Section 703.110, or their equivalent;

2) A detailed engineering description of the incinerator for which the permit

is sought including the following:

A) Manufacturer’s name and model number of incinerator (if

available);

B) Type of incinerator;

C) Linear dimensions of the incinerator unit including the cross

sectional area of combustion chamber;

D) Description of the auxiliary fuel system (type/feed);

E) Capacity of prime mover;

F) Description of automatic waste feed cut-off systems;

G) Stack gas monitoring and pollution control equipment;

H) Nozzle and burner design;

I) Construction materials;

J) Location and description of temperature-, pressure-, and flow-

indicating and control devices;

3) 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;

4) A detailed test schedule for each waste for which the trial burn is planned

including dates, duration, quantity of waste to be burned, and other factors

relevant to the Agency’s decision under subsection (e) of this Section;

5) A detailed test protocol, including, for each waste identified, the ranges of

temperature, waste feed rate, combustion gas velocity, use of auxiliary

fuel, and any other relevant parameters that will be varied to affect the

destruction and removal efficiency of the incinerator;

6) A description of, and planned operating conditions for, any emission

control equipment that will be used;

7) Procedures for rapidly stopping waste feed, shutting down the incinerator,

and controlling emissions in the event of an equipment malfunction;

8) Such other information as the Agency reasonably finds necessary to

determine whether to approve the trial burn plan in light of the purposes of

this subsection (b) and the criteria in subsection (e) of this Section. Such

information must be requested by the Agency pursuant to 35 Ill. Adm.

Code 705.123;

c) The Agency, in reviewing the trial burn plan, must evaluate the sufficiency of the

information provided and must require the applicant, pursuant to 35 Ill. Adm.

Code 705.123, to supplement this information, if necessary, to achieve the

purposes of this Section;

d) Based on the waste analysis data in the trial burn plan, the Agency must specify

as trial Principal Organic Hazardous Constituents (POHCs), those constituents for

which destruction and removal efficiencies must be calculated during the trial

burn. These trial POHCs must be specified by the Agency based on its estimate

of the difficulty of incineration of the constituents identified in the waste analysis,

their concentration or mass in the waste feed, and, for wastes listed in Subpart D

of 35 Ill. Adm. Code 721, the hazardous waste organic constituent of constituents

identified in Appendix G or H to 35 Ill. Adm. Code 721 as the basis for listing;

e) The Agency must approve a trial burn plan if it finds the following:

1) That the trial burn is likely to determine whether the incinerator

performance standard required by 35 Ill. Adm. Code 724.443 can be met;

2) That the trial burn itself will not present an imminent hazard to human

health or the environment;

3) That the trial burn will help the Agency to determine operating

requirements to be specified under 35 Ill. Adm. Code 724.445; and

4) That the information sought in subsections (e)(1) and (e)(3) of this Section

cannot reasonably be developed through other means;

f) The Agency must send a notice to all persons on the facility mailing list, as set

forth in 35 Ill. Adm. Code 705.161(a), and to the appropriate units of State and

local government, as set forth in 35 Ill. Adm. Code 705.163(a)(5), announcing the

scheduled commencement and completion dates for the trial burn. The applicant

may not commence the trial burn until after the Agency has issued such notice.

1) This notice must be mailed within a reasonable time period before the

scheduled trial burn. An additional notice is not required if the trial burn

is delayed due to circumstances beyond the control of the facility or the

Agency.

2) This notice must contain the following:

A) The name and telephone number of the applicant’s contact person;

B) The name and telephone number of the Agency regional office

appropriate for the facility;

C) The location where the approved trial burn plan and any

supporting documents can be reviewed and copied; and

D) An expected time period for commencement and completion of the

trial burn;

g) During each approved trial burn (or as soon after the burn as is practicable), the

applicant must make the following determinations:

1) A quantitative analysis of the trial POHCs, in the waste feed to the

incinerator;

2) A quantitative analysis of the exhaust gas for the concentration and mass

emissions of the trial POHCs, molecular oxygen, and hydrogen chloride

(HCl);

3) A quantitative analysis of the scrubber water (if any), ash residues, and

other residues, for the purpose of estimating the fate of the trial POHCs;

4) A computation of destruction and removal efficiency (DRE), in

accordance with the DRE formula specified in 35 Ill. Adm. Code

724.443(a);

5) If the HCl (hydrogen chloride) emission rate exceeds 1.8 kilograms of

HCl per hour (4 pounds per hour), a computation of HCl removal

efficiency, in accordance with 35 Ill. Adm. Code 724.443(b);

6) A computation of particulate emissions, in accordance with 35 Ill. Adm.

Code 724.443(c);

7) An identification of sources of fugitive emissions and their means of

control;

8) A measurement of average, maximum and minimum temperatures, and

combustion gas velocity;

9) A continuous measurement of carbon monoxide (CO) in the exhaust gas;

10) Such other information as the Agency specifies as necessary to ensure that

the trial burn will determine compliance with the performance standards in

35 Ill. Adm. Code 724.443 and to establish the operating conditions

required by 35 Ill. Adm. Code 724.445 as necessary to meet that

performance standard;

h) The applicant must submit to the Agency a certification that the trial burn has

been carried out in accordance with the approved trial burn plan, and must submit

the results of all the determinations required in subsection (g) of this Section.

This submission must be made within 90 days after completion of the trial burn,

or later, if approved by the Agency;

i) All data collected during any trial burn must be submitted to the Agency

following the completion of the trial burn;

j) All submissions required by this Section must be certified on behalf of the

applicant by the signature of a person authorized to sign a permit application or a

report under 35 Ill. Adm. Code 702.126;

k) Based on the results of the trial burn, the Agency must set the operating

requirements in the final permit according to 35 Ill. Adm. Code 724.445. The

permit modification must proceed as a minor modification according to Section

703.280.

BOARD NOTE: Derived from 40 CFR 270.62(b) (2002) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 703.232 Permits for Boilers and Industrial Furnaces Burning Hazardous Waste