ILLINOIS POLLUTION CONTROL BOARD

January 5, 2006

 

IN THE MATTER OF: )

)

UIC CORRECTIONS, USEPA ) R06-5

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

June 30, 2005) ) Rulemaking - 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)

 

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Adopted Rule

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.

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Final Order

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.

 

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

 

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SUMMARY OF TODAY’S ACTION

 

The Board today adopts final identical-in-substance rules in three consolidated dockets.

The rulemaking updates 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 amends 35 Ill. Adm. Code 720 through 725, 728, and 738. These amendments 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 order and the related opinion adopt 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 adopts 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))

the Board adopts regulations that are “identical in substance” to municipal solid

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2

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))

the Board adopts 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

file the adopted amendments with the Office of the Secretary of State 30 days after the date of

this order, after which they will be published in the

Illinois Register

. This delay is specifically to

allow USEPA time to review and comment on the adopted amendments before they are filed and

become effective.

 

The Clerk is directed to cause the filing of the following adopted amendments with the

Office of the Secretary of State for their publication 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

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3

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

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4

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

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5

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,

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6

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

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,

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(

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Permits by Rule

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)

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; and

 

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

 

b) The interim status rules correspond to

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subpart G of

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40 CFR 270

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, Subpart G

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,

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

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by USEPA

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under 40 CFR 220

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,

incorporated by reference in 35 Ill. Adm. Code 720.111

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;

 

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

 

3) It complies with the following hazardous waste regulations

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, incorporated

by reference in 35 Ill. Adm. Code 720.111

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:

 

A)

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40 CFR 264.11,

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35 Ill. Adm. Code 724.111 (USEPA

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Identification

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number

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Number)

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;

 

B)

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40 CFR 264.71,

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35 Ill. Adm. Code 724.171 (

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Use of

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manifest

system

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Manifest System)

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;

 

C)

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40 CFR 264.72,

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35 Ill. Adm. Code 724.172 (

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Manifest

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discrepancies

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Discrepancies)

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;

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7

 

D)

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40 CFR 264.73(a) and (b)(1),

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35 Ill. Adm. Code 724.173(a) and

(b)(1) (

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Operating

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record

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Record)

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;

 

E)

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40 CFR 264.75,

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35 Ill. Adm. Code 724.175 (

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Biennial

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report

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Report)

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; and

 

F)

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40 CFR 264.76,

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35 Ill. Adm. Code 724.176, (

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Unmanifested

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waste

report;

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Waste Report).

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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;

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and

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3) It complies with the following regulations:

 

A) 35 Ill. Adm. Code 724.111

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,

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(

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Identification

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number

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Number)

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;

 

B) 35 Ill. Adm. Code 724.171

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,

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(

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Use of

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manifest system

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Manifest

System)

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;

 

C) 35 Ill. Adm. Code 724.172

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,

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(

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Manifest

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discrepencies

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Discrepancies

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;

 

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

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,

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(

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Operating

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record

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8

Record)

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;

 

E) 35 Ill. Adm. Code 724.175

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,

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(

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Annual

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report

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Report)

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;

 

F) 35 Ill. Adm. Code 724.176

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,

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(

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Unmanifested

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waste report

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Waste

Report)

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; and

 

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

Code 724.201

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(Corrective Action for Solid Waste Management

Units)

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; 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

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(2002)

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(2005)

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.

 

(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

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fulfilled the following requirements

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:

 

1)

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Complied

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The owner or operator has complied

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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)

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Complied

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The owner or operator has complied

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with the requirements of

Sections 703.150 and 703.152 governing submission of Part A

applications

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;

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.

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

examination of a Part A application that

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it

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the Part A application

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fails to meet the

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

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9

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)

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of this Section

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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

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(2002)

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(2005)

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.

 

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

 

Section 703.155 Changes During Interim Status

 

a) Except as provided in subsection (b)

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,

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of this Section

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,

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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:

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10

 

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

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fifty

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50

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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:

 

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11

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

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subpart EEE of

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40 CFR 63

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,

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Subpart EEE--

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(

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National Emission

Standards for Hazardous Air Pollutants

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From

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from

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Hazardous Waste

Combustors

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

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.

 

BOARD NOTE: Derived from 40 CFR 270.72

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(2002)

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(2005)

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. 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 ______________________)

 

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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

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13

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

---

 

14

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.

S

To

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

must address, at a minimum, the following items:

S

 

 

U

1) To demonstrate compliance with 35 Ill. Adm. Code 724.200, the owner or

operator must address, at a minimum, the following items:

 

S

1

SU

A

U

) A characterization of the contaminated groundwater, including

concentrations of hazardous constituents;

 

S

2

SU

B

U

) The concentration limit for each hazardous constituent found in the

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

 

S

3

SU

C

U

) Detailed plans and an engineering report describing the corrective

action to be taken; and

 

S

4

SU

D

U

) A description of how the groundwater monitoring program will

assess the adequacy of the corrective action.

 

S

5

SU

2

U

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

required in subsections

S

(h)(3)

SU

(h)(1)(C)

U

and

S

(h)(4)

S

U

(h)(1)(D)

U

of this

Section, provided the owner or operator obtains written authorization from

the Agency prior to submittal of the complete permit application.

 

BOARD NOTE:

S

See

SU

Derived from

U

40 CFR 270.14(c)

S

(2002)

S

U

(2005)

U

.

 

(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.

S

Adm

SU

Adm.

U

Code 724.351 and Subpart F of 35

---

 

15

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;

 

---

 

16

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)

S

.

SU

;

U

  

 

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

U

the applicant will comply with

U

requirements of 35 Ill. Adm. Code

724.356

S

will be complied with

S

;

 

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

waste pile, an explanation of how

U

the applicant will comply with

U

35 Ill. Adm.

Code 724.357

S

will be complied with

S

;

 

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

U

the applicant will comply with

U

35 Ill. Adm. Code 724.410(a) and

(b)

S

will be complied with

S

. 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

S

(2002)

SU

(2005)

U

.

---

 

17

 

(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),

U

the applicant must fulfill

U

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;

---

 

18

 

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

U

appropriate

U

analytical techniques

S

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

S

;

 

D) An approximate quantification of the hazardous constituents

identified in the waste, within the precision produced by the

U

appropriate

U

analytical methods

S

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

S

; 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

---

 

19

 

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;

 

---

 

20

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

U

subpart EEE of

U

40 CFR 63

S

, subpart EEE

SU

 

(National Emission Standards for Hazardous Air Pollutants from Hazardous

Waste Combustors)

U

, incorporated by reference in 35 Ill. Adm. Code

S

720.111

SU

 

720.111(b)

U

(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

U

subpart EEE of

U

40

CFR 63

S

, subpart EEE

S

), 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

U

subpart EEE of

U

40 CFR 63

S

, subpart EEE

S

.

---

 

21

 

BOARD NOTE: Derived from 40 CFR 270.19

S

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

(December 19, 2002)

SU

(2005)

U

.

 

(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

U

subpart EEE of

U

40 CFR 63

S

, subpart EEE

SU

(National

Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors)

U

,

incorporated by reference in 35 Ill. Adm. Code

S

720.111

SU

720.111(b)

U

(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

U

subpart

EEE of

U

40 CFR 63

S

, subpart EEE

S

), 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

---

 

22

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

U

appropriate

U

analytical

techniques

S

specified in Test Methods for the Evaluation of

Solid Waste, Physical/Chemical Methods, incorporated by

reference in 35 Ill. Adm. Code 720.111

S

.

 

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

---

 

23

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

U

(b)

U

(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

---

 

24

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

---

 

25

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)

---

 

26

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.

---

 

27

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

S

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

(December 19, 2002)

SU

(2005)

U

.

 

(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

---

 

28

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

U

“

U

APTI

Course 415

U

: Control of Gaseous Emissions

U

,

U

”

U

 

U

USEPA publication number

EPA-450/2-81-005,

U

incorporated by reference in 35 Ill. Adm. Code

S

 

720.111

SU

720.111(a)

U

, 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

S

(2002)

SU

(2005)

U

.

 

(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:

 

---

 

29

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

U

“

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APTI

---

 

30

Course 415

U

: Control of Gaseous Emissions

U

,

U

”

U

 

U

USEPA publication number

EPA-450/2-81-005,

U

incorporated by reference in 35 Ill. Adm. Code

S

 

720.111

SU

720.111(a)

U

, 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

U

,

U

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

U

(2005)

U

.

 

(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”

S

under

SU

in appendix B to

U

40 CFR 52.741

S

, appendix B

S

U

(VOM

---

 

31

Measurement Techniques for Capture Efficiency)

U

, incorporated by reference in 35

Ill. Adm. Code

S

720.111

SU

720.111(b)

U

.

 

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

U

(Determination of Volatile

Organic Compound Leaks)

U

in

U

appendix A to

U

40 CFR 60

S

, appendix A

SU

(Test

Methods)

U

, incorporated by reference in 35 Ill. Adm. Code

S

720.111

S

U

720.111(b)

U

,

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

information: monitoring points, monitoring methods for control devices,

monitoring frequency, procedures for documenting

S

exceedances

SU

exceedences

U

, 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)

S

(2002)

SU

(2005)

U

.

 

(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

U

subpart EEE of

U

40 CFR 63

S

, subpart EEE

SU

(National Emission Standards for Hazardous Air

Pollutants from Hazardous Waste Combustors)

U

, incorporated by reference in 35 Ill. Adm. Code

S

 

720.111

SU

720.111(b)

U

(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

S

subpart EEE

S

to 40 CFR 63

S

, subpart EEE

S

), 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

---

 

32

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

S

(2002), as amended at 67 Fed. Reg.

77687 (December 19, 2002)

SU

(2005)

U

.

 

(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

U

appropriate

U

analytical techniques

S

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

S

;

U

 

and

U

 

D) An approximate quantification of the hazardous constituents

identified in the waste, within the precision produced by the

U

appropriate

U

analytical methods

S

specified in “Test Methods for the

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

---

 

33

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

Code 720.111 and Section 703.110, or their equivalent

S

;

 

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;

 

---

 

34

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

---

 

35

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;

---

 

36

 

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)

S

(2002)

SU

(2005)

U

.

 

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

 

Section 703.232 Permits for 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

U

subpart EEE of

U

40 CFR 63

S

, subpart EEE

SU

(National

Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors)

U

,

incorporated by reference in 35 Ill. Adm. Code

S

720.111

SU

720.111(b)

U

(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

U

subpart

EEE of

U

40 CFR 63

S

, subpart EEE

S

), 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).

 

---

 

37

a) General. The owner or operator of a new boiler or industrial furnace (one not

operating under the interim status standards of 35 Ill. Adm. Code 726.203) is

subject to subsections (b) through (f) of this Section. A boiler or industrial

furnace operating under the interim status standards of 35 Ill. Adm. Code 726.203

is subject to subsection (g) of this Section.

 

b) Permit operating periods for a new boiler or industrial furnace. A permit for a

new boiler or industrial furnace must specify appropriate conditions for the

following operating periods:

 

1) Pretrial burn period. For the period beginning with initial introduction of

hazardous waste and ending with initiation of the trial burn, and only for

the minimum time required to bring the boiler or industrial furnace to a

point of operation readiness to conduct a trial burn, not to exceed 720

hours operating time when burning hazardous waste, the Agency must

establish permit conditions in the pretrial burn period, including but not

limited to allowable hazardous waste feed rates and operating conditions.

The Agency must extend the duration of this operational period once, for

up to 720 additional hours, at the request of the applicant when good cause

is shown. The permit must be modified to reflect the extension according

to Sections 703.280 through 703.283.

 

A) Applicants must submit a statement, with Part B of the permit

application, that suggests the conditions necessary to operate in

compliance with the standards of 35 Ill. Adm. Code 726.204

through 726.207 during this period. This statement should include,

at a minimum, restrictions on the applicable operating

requirements identified in 35 Ill. Adm. Code 726.202 (e).

 

B) The Agency must review this statement and any other relevant

information submitted with Part B of the permit application and

specify requirements for this period sufficient to meet the

performance standards of 35 Ill. Adm. Code 726.204 through

726.207 based on the Agency’s engineering judgment.

 

2) Trial burn period. For the duration of the trial burn, the Agency must

establish conditions in the permit for the purposes of determining

feasibility of compliance with the performance standards of 35 Ill. Adm.

Code 726.204 through 726.207 and determining adequate operating

conditions under 35 Ill. Adm. Code 726.202(e). Applicants must propose

a trial burn plan, prepared under subsection (c) of this Section, to be

submitted with Part B of the permit application.

 

3) Post-trial burn period.

 

A) For the period immediately following completion of the trial burn,

---

 

38

and only for the minimum period sufficient to allow sample

analysis, data computation and submission of the trial burn results

by the applicant, and review of the trial burn results and

modification of the facility permit by the Agency to reflect the trial

burn results, the Agency must establish the operating requirements

most likely to ensure compliance with the performance standards

of 35 Ill. Adm. Code 726.204 through 726.207 based on the

Agency’s engineering judgment.

 

B) Applicants must submit a statement, with Part B of the application,

that identifies the conditions necessary to operate during this

period in compliance with the performance standards of 35 Ill.

Adm. Code 726.204 through 726.207. This statement should

include, at a minimum, restrictions on the operating requirements

provided by 35 Ill. Adm. Code 726.202 (e).

 

C) The Agency must review this statement and any other relevant

information submitted with Part B of the permit application and

specify requirements of this period sufficient to meet the

performance standards of 35 Ill. Adm. Code 726.204 through

726.207 based on the Agency’s engineering judgment.

 

4) Final permit period. For the final period of operation the Agency must

develop operating requirements in conformance with 35 Ill. Adm. Code

726.202(e) that reflect conditions in the trial burn plan and are likely to

ensure compliance with the performance standards of 35 Ill. Adm. Code

726.204 through 726.207. Based on the trial burn results, the Agency

must make any necessary modifications to the operating requirements to

ensure compliance with the performance standards. The permit

modification must proceed according to Sections 703.280 through

703.283.

 

c) Requirements for trial burn plans. The trial burn plan must include the following

information. The Agency, in reviewing the trial burn plan, must evaluate the

sufficiency of the information provided and may require the applicant to

supplement this information, if necessary, to achieve the purposes of this

subsection (c).

 

1) An analysis of each feed stream, including hazardous waste, other fuels,

and industrial furnace feed stocks, as fired, that includes the following:

 

A) Heating value, levels of antimony, arsenic, barium, beryllium,

cadmium, chromium, lead, mercury, silver, thallium, total chlorine

and chloride, and ash; and

 

B) Viscosity or description of the physical form of the feed stream.

---

 

39

 

2) An analysis of each hazardous waste, as fired, including the following:

 

A) An identification of any hazardous organic constituents listed in

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

stream, except that the applicant need not analyze for constituents

listed in Appendix H that would reasonably not be expected to be

found in the hazardous waste. The constituents excluded from

analysis must be identified and the basis for this exclusion

explained. The analysis must be conducted in accordance with

U

appropriate

U

analytical techniques

S

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

S

;

 

B) An approximate quantification of the hazardous constituents

identified in the hazardous waste, within the precision produced by

the

U

appropriate

U

analytical methods

S

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 other equivalent

S

;

and

 

C) A description of blending procedures, if applicable, prior to firing

the hazardous waste, including a detailed analysis of the hazardous

waste prior to blending, an analysis of the material with which the

hazardous waste is blended, and blending ratios.

 

3) A detailed engineering description of the boiler or industrial furnace,

including the following:

 

A) Manufacturer’s name and model number of the boiler or industrial

furnace;

 

B) Type of boiler or industrial furnace;

 

C) Maximum design capacity in appropriate units;

 

D) Description of the feed system for the hazardous waste and, as

appropriate, other fuels and industrial furnace feedstocks;

 

E) Capacity of hazardous waste feed system;

 

F) Description of automatic hazardous waste feed cutoff systems;

 

G) Description of any pollution control system; and

---

 

40

 

H) Description of stack gas monitoring and any pollution control

monitoring systems.

 

4) 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 sample analysis.

 

5) A detailed test schedule for each hazardous waste for which the trial burn

is planned, including dates, duration, quantity of hazardous waste to be

burned, and other factors relevant to the Agency’s decision under

subsection (b)(2) of this Section.

 

6) A detailed test protocol, including, for each hazardous waste identified,

the ranges of hazardous waste feed rate, and, as appropriate, the feed rates

of other fuels and industrial furnace feedstocks, and any other relevant

parameters that may affect the ability of the boiler or industrial furnace to

meet the performance standards in 35 Ill. Adm. Code 726.204 through

726.207.

 

7) A description of and planned operating conditions for any emission

control equipment that will be used.

 

8) Procedures for rapidly stopping the hazardous waste feed and controlling

emissions in the event of an equipment malfunction.

 

9) Such other information as the Agency finds necessary to determine

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

subsection (c) and the criteria in subsection (b)(2) of this Section.

 

d) Trial burn procedures.

 

1) A trial burn must be conducted to demonstrate conformance with the

standards of 35 Ill. Adm. Code 726.104 through 726.107.

 

2) The Agency must approve a trial burn plan if the Agency finds as follows:

 

A) That the trial burn is likely to determine whether the boiler or

industrial furnace can meet the performance standards of 35 Ill.

Adm. Code 726.104 through 726.107;

 

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

human health and the environment;

 

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

requirements to be specified under 35 Ill. Adm. Code 726.102(e);

---

 

41

and

 

D) That the information sought in the trial burn cannot reasonably be

developed through other means.

 

3) 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.

 

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

the 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.

 

B) This notice must contain the following:

 

i) The name and telephone number of applicant’s contact

person;

 

ii) The name and telephone number of the Agency regional

office appropriate for the facility;

 

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

supporting documents can be reviewed and copied; and

 

iv) An expected time period for commencement and

completion of the trial burn.

 

4) 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

submit the results of all the determinations required in subsection (c) of

this Section. The Agency must, in the trial burn plan, require that the

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

later if the Agency determines that a later date is acceptable.

 

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

following completion of the trial burn.

 

6) All submissions required by this subsection (d) 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.

 

e) Special procedures for DRE trial burns. When a DRE trial burn is required under

---

 

42

35 Ill. Adm. Code 726.104, the Agency must specify (based on the hazardous

waste analysis data and other information in the trial burn plan) as trial Principal

Organic Hazardous Constituents (POHCs) those compounds for which

destruction and removal efficiencies must be calculated during the trial burn.

These trial POHCs will be specified by the Agency based on information

including the Agency’s estimate of the difficulty of destroying the constituents

identified in the hazardous waste analysis, their concentrations or mass in the

hazardous waste feed, and, for hazardous waste containing or derived from wastes

listed in Subpart D of 35 Ill. Adm. Code 721, the hazardous waste organic

constituents identified in Appendix G to 35 Ill. Adm. Code 721 as the basis for

listing.

 

f) Determinations based on trial burn. 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 levels of antimony, arsenic, barium,

beryllium, cadmium, chromium, lead, mercury, thallium, silver, and

chlorine/chloride in the feed streams (hazardous waste, other fuels, and

industrial furnace feedstocks);

 

2) When a DRE trial burn is required under 35 Ill. Adm. Code 726.204(a),

the following determinations:

 

A) A quantitative analysis of the trial POHCs in the hazardous waste

feed;

 

B) A quantitative analysis of the stack gas for the concentration and

mass emissions of the trial POHCs; and

 

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

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

726.204(a);

 

3) When a trial burn for chlorinated dioxins and furans is required under 35

Ill. Adm. Code 726.204(e), a quantitative analysis of the stack gas for the

concentration and mass emission rate of the 2,3,7,8-chlorinated tetra-

through octa-congeners of chlorinated dibenzo-p-dioxins and furans, and a

computation showing conformance with the emission standard;

 

4) When a trial burn for PM, metals, or HCl and chlorine gas is required

under 35 Ill. Adm. Code 726.205, 726.206(c) or (d), or 726.207(b)(2) or

(c), a quantitative analysis of the stack gas for the concentrations and mass

emissions of PM, metals, or HCl and chlorine gas, and computations

showing conformance with the applicable emission performance

standards;

---

 

43

 

5) When a trial burn for DRE, metals, and HCl and chlorine gas is required

under 35 Ill. Adm. Code 726.204(a), 726.206(c) or (d), or 726.207(b)(2)

or (c), a quantitative analysis of the scrubber water (if any), ash residues,

other residues, and products for the purpose of estimating the fate of the

trial POHCs, metals, and chlorine and chloride;

 

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

control;

 

7) A continuous measurement of carbon monoxide (CO), oxygen, and, where

required, hydrocarbons (HC) in the stack gas; and

 

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

the trial burn will determine compliance with the performance standards

35 Ill. Adm. Code 726.204 through 726.207 and to establish the operating

conditions required by 35 Ill. Adm. Code 726.204 through 726.207 and of

determining adequate operating conditions under 35 Ill. Adm. Code

726.203, and to establish the operating conditions required by 35 Ill. Adm.

Code 726.202(e) as necessary to meet those performance standards.

 

g) Interim status boilers and industrial furnaces. For the purpose of determining

feasibility of compliance with the performance standards of 35 Ill. Adm. Code

726.204 through 726.207 and of determining adequate operating conditions under

35 Ill. Adm. Code 726.203, an applicant that owns or operates an existing boiler

or industrial furnace which is operated under the interim status standards of 35 Ill.

Adm. Code 726.203 must either prepare and submit a trial burn plan and perform

a trial burn in accordance with the requirements of this Section or submit other

information as specified in Section 703.208(a)(6). The Agency must announce its

intention to approve of the trial burn plan in accordance with the timing and

distribution requirements of subsection (d)(3) of this Section. The contents of the

notice must include all of the following information: the name and telephone

number of a contact person at the facility; the name and telephone number of the

Agency regional office appropriate for the facility; the location where the trial

burn plan and any supporting documents can be reviewed and copied; and a

schedule of the activities that are required prior to permit issuance, including the

anticipated time schedule for Agency approval of the plan, and the time periods

during which the trial burn would be conducted. Applicants that submit a trial

burn plan and receive approval before submission of the Part B permit application

must complete the trial burn and submit the results specified in subsection (f) of

this Section with the Part B permit application. If completion of this process

conflicts with the date set for submission of the Part B application, the applicant

must contact the Agency to establish a later date for submission of the Part B

application or the trial burn results. If the applicant submits a trial burn plan with

Part B of the permit application, the trial burn must be conducted and the results

submitted within a time period prior to permit issuance to be specified by the

---

 

44

Agency.

 

BOARD NOTE: Derived from 40 CFR 270.66

S

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

(December 19, 2002)

SU

(2005)

U

.

 

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

 

SUBPART H: REMEDIAL ACTION PLANS

 

Section 703.300 Special Regulatory Format

 

USEPA wrote the federal counterpart to this Subpart H,

U

subpart H of

U

40 CFR 270

S

, Subpart H

S

, in a

special format to make it easier to understand the regulatory requirements. The Board has adapted

the substance of the corresponding federal regulations in this Subpart H to use a more conventional

regulatory format, rather than the question-and-answer format used by USEPA.

 

BOARD NOTE: Derived from 40 CFR 270.79

S

(2002)

SU

(2005)

U

.

 

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

 

Section 703.305 Operating Under a RAP

 

a) The records an owner or operator must maintain concerning its RAP. An owner or

operator is required to keep records of the following:

 

1) All data used to complete RAP applications and any supplemental

information that an owner or operator submits for a period of at least three

years from the date the application is signed; and

 

2) Any operating or other records the Agency requires an owner or operator to

maintain as a condition of the RAP.

 

BOARD NOTE: Subsection (a) is derived from 40 CFR 270.210 (2002).

 

b) How time periods in the requirements in Subpart H of this Part and the RAP are

computed.

 

1) Any time period scheduled to begin on the occurrence of an act or event

must begin on the day after the act or event. (For example, if a RAP

specifies that the owner or operator must close a staging pile within 180

days after the operating term for that staging pile expires, and the operating

term expires on June 1, then June 2 counts as day one of the 180 days, and

the owner or operator would have to complete closure by November 28.)

 

2) Any time period scheduled to begin before the occurrence of an act or event

must be computed so that the period ends on the day before the act or event.

---

 

45

(For example, if an owner or operator is transferring ownership or

operational control of its site, and the owner or operator wishes to transfer

its RAP, the new owner or operator must submit a revised RAP application

no later than 90 days before the scheduled change. Therefore, if an owner

or operator plans to change ownership on January 1, the new owner or

operator must submit the revised RAP application no later than October 3,

so that the 90th day would be December 31.)

 

3) If the final day of any time period falls on a weekend or legal holiday, the

time period must be extended to the next working day. (For example, if an

owner or operator wishes to appeal the Agency’s decision to modify its

RAP, then an owner or operator must petition the Board within 35 days after

the Agency has issued the final RAP decision. If the 35th day falls on

Sunday, then the owner or operator may submit its appeal by the Monday

after. If the 35th day falls on July 4th, then the owner or operator may

submit its appeal by July 5th.)

 

4) Whenever a party or interested person has the right to or is required to act

within a prescribed period after the service of notice or other paper upon

him by mail, four days may not be added to the prescribed term. (For

example, if an owner or operator wishes to appeal the Agency’s decision to

modify its RAP, then the owner or operator must petition the Board within

35 days after the Agency has issued the final RAP decision.)

 

BOARD NOTE: Subsection (b) is derived from 40 CFR 270.215 (2002). Federal

subsections (c) and (d) provide that a RAP is effective 30 days after the Agency

notice of approval. The Board has used 35 days to be consistent with the 35 days

within which a permit appeal must be filed under Section 40(a)(1) of the Act [415

ILCS 5/40(a)(1)]. Further, federal subsection (d) provides three days for

completion of service by mail. The addition of four days (see procedural rule 35 Ill.

Adm. Code 101.144(c)) to be consistent with 40 CFR 270.215(d) would exceed the

35 days allowed under Section 40(a)(1) of the Act [415 ILCS 5/40(a)(1)].

 

c) How an owner or operator may transfer its RAP to a new owner or operator.

 

1) If an owner or operator wishes to transfer its RAP to a new owner or

operator, the owner or operator must follow the requirements specified in its

RAP for RAP modification to identify the new owner or operator, and

incorporate any other necessary requirements. These modifications do not

constitute “significant” modifications for purposes of Section 703.304(a).

The new owner or operator must submit a revised RAP application no later

than 90 days before the scheduled change along with a written agreement

containing a specific date for transfer of RAP responsibility between the

owner or operator and the new permittees.

 

2) When a transfer of ownership or operational control occurs, the old owner

---

 

46

or operator must comply with the applicable requirements in Subpart H of

35 Ill. Adm. Code 724 (Financial Requirements) until the new owner or

operator has demonstrated that it is complying with the requirements in that

Subpart. The new owner or operator must demonstrate compliance with

Subpart H of 35 Ill. Adm. Code 724 within six months after the date of the

change in ownership or operational control of the facility or remediation

waste management site. When the new owner or operator demonstrates

compliance with Subpart H of 35 Ill. Adm. Code 724 to the Agency, the

Agency must notify the former owner or operator that it no longer needs to

comply with Subpart H of 35 Ill. Adm. Code 724 as of the date of

demonstration.

 

BOARD NOTE: Subsection (c) is derived from 40 CFR 270.220 (2002).

 

d) What the Agency must report about noncompliance with RAPs. The Agency must

report noncompliance with RAPs according to the provisions of 40 CFR 270.5

U

 

(Noncompliance and Program Reporting by the Director)

U

, incorporated by

reference in 35 Ill. Adm. Code

S

720.111

SU

720.111(b)

U

.

 

BOARD NOTE: Subsection (d) is derived from 40 CFR 270.225

S

(2002)

SU

(2005)

U

.

 

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

 

Section 703.306 Obtaining a RAP for an Off-Site Location

 

An owner or operator may perform remediation waste management activities under a RAP at a

location removed from the area where the remediation wastes originated.

 

a) An owner or operator may request a RAP for remediation waste management

activities at a location removed from the area where the remediation wastes

originated if the owner or operator believes such a location would be more

protective than the contaminated area or areas in close proximity.

 

b) If the Agency determines that an alternative location, removed from the area where

the remediation waste originated, is more protective than managing remediation

waste at the area of contamination or areas in close proximity, then the Agency

must approve a RAP for this alternative location.

 

c) An owner or operator must request the RAP, and the Agency must approve or deny

the RAP, according to the procedures and requirements in this Subpart H.

 

d) A RAP for an alternative location must also meet the following requirements, which

the Agency must include in the RAP for such locations:

 

1) The RAP for the alternative location must be issued to the person

responsible for the cleanup from which the remediation wastes originated;

---

 

47

 

2) The RAP is subject to the expanded public participation requirements in

Sections 703.191, 703.192, and 703.193;

 

3) The RAP is subject to the public notice requirements in 35 Ill. Adm. Code

705.163;

 

4) The site permitted in the RAP may not be located within 61 meters or 200

feet of a fault that has had displacement in the Holocene time. (The owner

or operator must demonstrate compliance with this standard through the

requirements in Section 703.183(k).) (See the definitions of terms in 35 Ill.

Adm. Code 724.118(a).)

 

BOARD NOTE: Sites in Illinois are assumed to be in compliance with the

requirement of subsection (d)(4) of this Section, since they are not listed in

U

appendix VI to

U

40 CFR 264

S

, Appendix VI

SU

(Political Jurisdictions in Which

Compliance with§ 264.18(a) Must Be Demonstrated)

U

.

 

e) These alternative locations are remediation waste management sites, and retain the

following benefits of remediation waste management sites:

 

1) Exclusion from facility-wide corrective action under 35 Ill. Adm. Code

724.201; and

 

2) Application of 35 Ill. Adm. Code 724.101(j) in lieu of Subparts B, C, and D

of 35 Ill. Adm. Code 724.

 

BOARD NOTE: Derived from 40 CFR 270.230

S

(2002)

SU

(2005)

U

.

 

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

 

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

 

a) Facilities with existing permits.

 

1) Revisions to permit conditions after documenting compliance with

MACT. The owner or operator of a RCRA-permitted incinerator, cement

kiln, or lightweight aggregate kiln, when requesting removal of permit

conditions that are no longer applicable according to 35 Ill. Adm. Code

724.440(b) and 726.200(b), may request that the Agency address permit

conditions that minimize emissions from startup, shutdown, and

malfunction events under any of the following options:

---

 

48

 

A) Retain relevant permit conditions. Under this option, the Agency

must do the following:

 

i) Retain permit conditions that address releases during

startup, shutdown, and malfunction events, including

releases from emergency safety vents, as these events are

defined in the facility’s startup, shutdown, and malfunction

plan required under 40 CFR 63.1206(c)(2)

U

(When and How

Must You Comply with the Standards and Operating

Requirements?)

U

, incorporated by reference in 35 Ill. Adm.

Code

S

720.111

SU

720.111(b)

U

; and

 

ii) Limit applicability of those permit conditions only to when

the facility is operating under its startup, shutdown, and

malfunction plan.

 

B) Revise relevant permit conditions. Under this option, the Agency

must do the following:

 

i) Identify a subset of relevant existing permit requirements,

or develop alternative permit requirements, that ensure

emissions of toxic compounds are minimized from startup,

shutdown, and malfunction events, including releases from

emergency safety vents, based on review of information

including the source’s startup, shutdown, and malfunction

plan, design, and operating history; and

 

ii) Retain or add these permit requirements to the permit to

apply only when the facility is operating under its startup,

shutdown, and malfunction plan.

 

iii) The owner or operator must comply with subsection (a)(3)

of this Section.

 

BOARD NOTE: The Board found it necessary to deviate from the

structure of corresponding 40 CFR 270.235(a)(1)(ii) in this

subsection (a)(1)(B) in order to comport with Illinois

S

Adminisrative

SU

Administrative

U

Code codification requirements.

The substance of 40 CFR 270.235(a)(1)(ii)(A), (a)(1)(ii)(A)(

1

),

and (a)(1)(ii)(A)(

2

) appear as subsections (a)(1)(B), (a)(1)(B)(i),

and (a)(1)(B)(ii). The substance of 40 CFR 270.235(a)(1)(ii)(B)

has been codified as subsection (a)(3) of this Section. Subsection

(a)(1)(B)(iii) of this Section was added to direct attention to

subsection (a)(3).

 

---

 

49

C) Remove permit conditions. Under this option the following are

required:

 

i) The owner or operator must document that the startup,

shutdown, and malfunction plan required under 40 CFR

63.1206(c)(2)

S

, incorporated by reference in 35 Ill. Adm.

Code 720.111,

S

has been approved by the Administrator

under 40 CFR 63.1206(c)(2)(ii)(B)

S

, incorporated by

reference in 35 Ill. Adm. Code 720.111

S

; and

 

ii) The Agency must remove permit conditions that are no

longer applicable according to 35 Ill. Adm. Code

724.440(b) and 726.200(b).

 

2) Addressing permit conditions upon permit reissuance. The owner or

operator of an incinerator, cement kiln, or lightweight aggregate kiln that

has conducted a comprehensive performance test and submitted to the

Agency a Notification of Compliance documenting compliance with the

standards of

U

subpart EEE of

U

40 CFR 63

S

, subpart EEE

SU

(National Emission

Standards for Hazardous Air Pollutants from Hazardous Waste

Combustors)

U

, incorporated by reference in 35 Ill. Adm. Code

S

720.111

§

S

U

 

720.111(b)

U

, may request in the application to reissue the permit for the

combustion unit that the Agency control emissions from startup,

shutdown, and malfunction events under any of the following options:

 

A) RCRA option A. Under this option, the Agency must do the

following:

 

i) Include, in the permit, conditions that ensure compliance

with 35 Ill. Adm. Code 724.445(a) and (c) or 726.202(e)(1)

and (e)(2)(C) to minimize emissions of toxic compounds

from startup, shutdown, and malfunction events, including

releases from emergency safety vents; and

 

ii) Specify that these permit requirements apply only when the

facility is operating under its startup, shutdown, and

malfunction plan; or

 

BOARD NOTE: The Board found it necessary to deviate from the

structure of corresponding 40 CFR 270.235(a)(2)(i) in this

subsection (a)(2)(A) in order to comport with Illinois

S

Adminisrative

SU

Administrative

U

Code codification requirements.

The substance of 40 CFR 270.235(a)(2)(i)(A), (a)(2)(i)(A)(

1

), and

(a)(2)(i)(A)(

2

) appear as subsections (a)(2)(A), (a)(2)(A)(i), and

(a)(2)(A)(ii).

 

---

 

50

B) RCRA option B. Under this option, the Agency must

U

do the

following

U

:

 

i) Include, in the permit, conditions that ensure emissions of

toxic compounds are minimized from startup, shutdown,

and malfunction events, including releases from emergency

safety vents, based on review of information including the

source’s startup, shutdown, and malfunction plan, design,

and operating history; and

 

ii) Specify that these permit requirements apply only when the

facility is operating under its startup, shutdown, and

malfunction plan.

 

iii) The owner or operator must comply with subsection (a)(3)

of this Section.

 

BOARD NOTE: The Board found it necessary to deviate from the

structure of corresponding 40 CFR 270.235(a)(2)(ii) in this

subsection (a)(2)(B) in order to comport with Illinois

S

Adminisrative

SU

Administrative

U

Code codification requirements.

The substance of 40 CFR 270.235(a)(2)(ii)(A), (a)(2)(ii)(A)(

1

),

and (a)(2)(ii)(A)(

2

) appear as subsections (a)(2)(B), (a)(2)(B)(i),

and (a)(2)(B)(ii). The substance of 40 CFR 270.235(a)(2)(ii)(B)

has been codified as subsection (a)(3) of this Section. Subsection

(a)(2)(B)(iii) of this Section was added to direct attention to

subsection (a)(3).

 

C) CAA option. Under this option the following are required:

 

i) The owner or operator must document that the startup,

shutdown, and malfunction plan required under 40 CFR

63.1206(c)(2)

S

, incorporated by reference in 35 Ill. Adm.

Code 720.111,

S

has been approved by the Agency under 40

CFR 63.1206(c)(2)(ii)(B)

S

, incorporated by reference in 35

Ill. Adm. Code 720.111

S

; and

 

ii) The Agency must omit from the permit conditions that are

not applicable under 35 Ill. Adm. Code 724.440(b) and

726.200(b).

 

3) Changes that may significantly increase emissions.

 

A) The owner or operator must notify the Agency in writing of

changes to the startup, shutdown, and malfunction plan or changes

to the design of the source that may significantly increase

---

 

51

emissions of toxic compounds from startup, shutdown, or

malfunction events, including releases from emergency safety

vents. The owner or operator must notify the Agency of such

changes within five days of making such changes. The owner or

operator must identify in the notification recommended revisions

to permit conditions necessary as a result of the changes to ensure

that emissions of toxic compounds are minimized during these

events.

 

B) The Agency may revise permit conditions as a result of these

changes to ensure that emissions of toxic compounds are

minimized during startup, shutdown, or malfunction events,

including releases from emergency safety vents in either of the

following ways:

 

i) Upon permit renewal; or

S

;

S

 

ii) If warranted, by modifying the permit under

S

§§ 270.41(a)

or 270.42

SU

Section 703.270 or 703.280 though 703.283

U

.

 

BOARD NOTE: The substance of 40 CFR 270.235(a)(1)(ii)(B) and (a)(2)(ii)(B)

has been codified as this subsection (a)(3).

 

b) Interim status facilities.

 

1) Interim status operations. In compliance with 35 Ill. Adm. Code 725.440

and 726.200(b), the owner or operator of an incinerator, cement kiln, or

lightweight aggregate kiln that is operating under the interim status

standards of 35 Ill. Adm. Code 725 or 726 may control emissions of toxic

compounds during startup, shutdown, and malfunction events under either

of the following options after conducting a comprehensive performance

test and submitting to the Agency a Notification of Compliance

documenting compliance with the standards of

U

subpart EEE of

U

40 CFR 63

S

,

subpart EEE, incorporated by reference in 35 Ill. Adm. Code 720.111

S

:

 

A) RCRA option. Under this option, the owner or operator must

continue to comply with the interim status emission standards and

operating requirements of 35 Ill. Adm. Code 725 or 726 relevant to

control of emissions from startup, shutdown, and malfunction

events. Those standards and requirements apply only during

startup, shutdown, and malfunction events; or

 

B) CAA option. Under this option, the owner or operator is exempt

from the interim status standards of 35 Ill. Adm. Code 725 or 726

relevant to control of emissions of toxic compounds during startup,

shutdown, and malfunction events upon submission of written

---

 

52

notification and documentation to the Agency that the startup,

shutdown, and malfunction plan required under 40 CFR

63.1206(c)(2)

S

, incorporated by reference in 35 Ill. Adm. Code

720.111,

S

has been approved by the Agency under 40 CFR

63.1206(c)(2)(ii)(B)

S

, incorporated by reference in 35 Ill. Adm.

Code 720.111

S

.

 

2) Operations under a subsequent RCRA permit. When an owner or operator

of an incinerator, cement kiln, or lightweight aggregate kiln that is

operating under the interim status standards of 35 Ill. Adm. Code 725 or

726 submits a RCRA permit application, the owner or operator may

request that the Agency control emissions from startup, shutdown, and

malfunction events under any of the options provided by subsection

(a)(2)(A), (a)(2)(B), or (a)(2)(C) of this Section.

 

BOARD NOTE: Derived from 40 CFR 270.235

S

(2002)

SU

(2005)

U

. Operating conditions used to

determine effective treatment of hazardous waste remain effective after the owner or operator

demonstrates compliance with the standards of

U

subpart EEE of

U

40 CFR 63

S

, subpart EEE

S

.

 

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

 

Section 703.Appendix A Classification of Permit Modifications

 

Class Modifications

 

  

A. General Permit Provisions

 

  

1 1. Administrative and informational changes.

 

  

1 2. Correction of typographical errors.

 

  

1 3. Equipment replacement or upgrading with functionally equivalent

components (e.g., pipes, valves, pumps, conveyors, controls).

 

  

4. Changes in the frequency of or procedures for monitoring, reporting,

sampling, or maintenance activities by the permittee:

 

  

1 a. To provide for more frequent monitoring, reporting, or

maintenance.

 

  

2 b. Other changes.

 

  

5. Schedule of compliance:

 

  

1* a. Changes in interim compliance dates, with prior approval of the

Agency.

---

 

53

 

  

3 b. Extension of final compliance date.

 

  

1* 6. Changes in expiration date of permit to allow earlier permit termination,

with prior approval of the Agency.

 

  

1* 7. Changes in ownership or operational control of a facility, provided the

procedures of Section 703.260(b) are followed.

 

  

1* 8. Changes to remove permit conditions that are no longer applicable (i.e.,

because the standards upon which they are based are no longer

applicable to the facility).

 

  

B. General Facility Standards

 

  

1. Changes to waste sampling or analysis methods:

 

  

1 a. To conform with Agency guidance or Board regulations.

 

  

1* b. To incorporate changes associated with F039 (multi-source

leachate) sampling or analysis methods.

 

  

1* c. To incorporate changes associated with underlying hazardous

constituents in ignitable or corrosive wastes.

 

  

2 d. Other changes.

 

  

2. Changes to analytical quality assurance or quality control plan:

 

  

1 a. To conform with agency guidance or regulations.

  

  

2 b. Other changes.

 

  

1 3. Changes in procedures for maintaining the operating record.

 

  

2 4. Changes in frequency or content of inspection schedules.

 

  

5. Changes in the training plan:

 

  

2 a. That affect the type or decrease the amount of training given to

employees.

 

  

1 b. Other changes.

 

  

6. Contingency plan:

 

  

---

 

54

2 a. Changes in emergency procedures (i.e., spill or release response

procedures).

 

  

1 b. Replacement with functionally equivalent equipment, upgrade,

or relocate emergency equipment listed.

 

  

2 c. Removal of equipment from emergency equipment list.

 

  

1 d. Changes in name, address, or phone number of coordinators or

other persons or agencies identified in the plan.

 

  

Note: When a permit modification (such as introduction of a new unit)

requires a change in facility plans or other general facility standards,

that change must be reviewed under the same procedures as the permit

modification.

 

  

7. CQA plan:

 

  

1 a. Changes that the CQA officer certifies in the operating record

will provide equivalent or better certainty that the unit

components meet the design specifications.

 

  

2 b. Other changes.

 

  

Note: When a permit modification (such as introduction of a new unit)

requires a change in facility plans or other general facility standards,

that change must be reviewed under the same procedures as a permit

modification.

 

  

C. Groundwater Protection

 

  

1. Changes to wells:

 

  

2 a. Changes in the number, location, depth, or design of upgradient

or downgradient wells of permitted groundwater monitoring

system.

 

  

1 b. Replacement of an existing well that has been damaged or

rendered inoperable, without change to location, design, or

depth of the well.

 

  

1* 2. Changes in groundwater sampling or analysis procedures or monitoring

schedule, with prior approval of the Agency.

 

  

---

 

55

1* 3. Changes in statistical procedure for determining whether a statistically

significant change in groundwater quality between upgradient and

downgradient wells has occurred, with prior approval of the Agency.

 

  

2* 4. Changes in point of compliance.

  

  

5. Changes in indicator parameters, hazardous constituents, or

concentration limits (including ACLs (Alternate Concentration

Limits)):

 

  

3 a. As specified in the groundwater protection standard.

 

  

2 b. As specified in the detection monitoring program.

 

  

2 6. Changes to a detection monitoring program as required by 35 Ill. Adm.

Code 724.198(j), unless otherwise specified in this Appendix.

 

  

7. Compliance monitoring program:

 

  

3 a. Addition of compliance monitoring program as required by 35

Ill. Adm. Code 724.198(h)(4) and 724.199.

 

  

2 b. Changes to a compliance monitoring program as required by 35

Ill. Adm. Code 724.199(k), unless otherwise specified in this

Appendix.

 

  

8. Corrective action program:

 

  

3 a. Addition of a corrective action program as required by 35 Ill.

Adm. Code 724.199(i)(2) and 724.200.

 

  

2 b. Changes to a corrective action program as required by 35 Ill.

Adm. Code 724.200(h), unless otherwise specified in this

Appendix.

 

  

D. Closure

 

  

1. Changes to the closure plan:

  

  

1* a. Changes in estimate of maximum extent of operations or

maximum inventory of waste on-site at any time during the

active life of the facility, with prior approval of the Agency.

 

  

1* b. Changes in the closure schedule for any unit, changes in the

final closure schedule for the facility or extension of the closure

period, with prior approval of the Agency.

---

 

56

 

  

1* c. Changes in the expected year of final closure, where other

permit conditions are not changed, with prior approval of the

Agency.

 

  

1* d. Changes in procedures for decontamination of facility

equipment or structures, with prior approval of the Agency.

 

  

2 e. Changes in approved closure plan resulting from unexpected

events occurring during partial or final closure, unless otherwise

specified in this Appendix.

 

  

2 f. Extension of the closure period to allow a landfill, surface

impoundment, or land treatment unit to receive non-hazardous

wastes after final receipt of hazardous wastes under 35 Ill. Adm.

Code 724.213(d) or (e).

 

  

3 2. Creation of a new landfill unit as part of closure.

 

  

3. Addition of the following new units to be used temporarily for closure

activities:

 

  

3 a. Surface impoundments.

 

  

3 b. Incinerators.

 

  

3 c. Waste piles that do not comply with 35 Ill. Adm. Code

724.350(c).

 

  

2 d. Waste piles that comply with 35 Ill. Adm. Code 724.350(c).

 

  

2 e. Tanks or containers (other than specified in paragraph D(3)(f)

below).

 

  

1* f. Tanks used for neutralization, dewatering, phase separation, or

component separation, with prior approval of the Agency.

 

  

2 g. Staging piles.

 

  

E. Post-Closure

 

  

1 1. Changes in name, address, or phone number of contact in post-closure

plan.

 

  

2 2. Extension of post-closure care period.

 

  

---

 

57

3 3. Reduction in the post-closure care period.

 

  

1 4. Changes to the expected year of final closure, where other permit

conditions are not changed.

 

  

2 5. Changes in post-closure plan necessitated by events occurring during

the active life of the facility, including partial and final closure.

 

  

F. Containers

 

  

1. Modification or addition of container units:

 

  

3 a. Resulting in greater than 25 percent increase in the facility’s

container storage capacity, except as provided in F(1)(c) and

F(4)(a).

 

  

2 b. Resulting in up to 25 percent increase in the facility’s container

storage capacity, except as provided in F(1)(c) and F(4)(a).

 

  

1 c. Modification or addition of container units or treatment

processes necessary to treat wastes that are restricted from land

disposal to meet some or all of the applicable treatment

standards, with prior approval of the Agency. This modification

may also involve the addition of new waste codes or narrative

description of wastes. It is not applicable to dioxin-containing

wastes (F020, F021, F022, F023, F026, F027, and F028).

 

  

2. Modification of container units without an increased capacity or

alteration of the system:

 

  

2 a. Modification of a container unit without increasing the capacity

of the unit.

 

  

1 b. Addition of a roof to a container unit without alteration of the

containment system.

 

  

3. Storage of different wastes in containers, except as provided in F(4):

 

  

3 a. That require additional or different management practices from

those authorized in the permit.

 

  

2 b. That do not require additional or different management practices

from those authorized in the permit.

 

  

Note: See Section 703.280(g) for modification procedures to be

used for the management of newly listed or identified wastes.

---

 

58

 

  

4. Storage or treatment of different wastes in containers:

 

  

2 a. That require addition of units or change in treatment process or

management standards, provided that the wastes are restricted

from land disposal and are to be treated to meet some or all of

the applicable treatment standards. It is not applicable to

dioxin-containing wastes (F020, F021, F022, F023, F026, F027,

and F028).

 

  

1* b. That do not require the addition of units or a change in the

treatment process or management standards, and provided that

the units have previously received wastes of the same type (e.g.,

incinerator scrubber water). This modification is not applicable

to dioxin-containing wastes (F020, F021, F022, F023, F026,

F027, and F028).

 

  

G. Tanks

 

  

1.

 

  

3 a. Modification or addition of tank units resulting in greater than

25 percent increase in the facility’s tank capacity, except as

provided in paragraphs G(1)(c), G(1)(d), and G(1)(e).

 

  

2 b. Modification or addition of tank units resulting in up to 25

percent increase in the facility’s tank capacity, except as

provided in paragraphs G(1)(d) and G(1)(e).

 

  

2 c. Addition of a new tank that will operate for more than 90 days

using any of the following physical or chemical treatment

technologies: neutralization, dewatering, phase separation, or

component separation.

 

  

1* d. After prior approval of the Agency, addition of a new tank that

will operate for up to 90 days using any of the following

physical or chemical treatment technologies: neutralization,

dewatering, phase separation, or component separation.

 

  

1* e. Modification or addition of tank units or treatment processes

that are necessary to treat wastes that are restricted from land

disposal to meet some or all of the applicable treatment

standards, with prior approval of the Agency. This modification

may also involve the addition of new waste codes. It is not

applicable to dioxin-containing wastes (F020, F021, F022,

F023, F026, F027, and F028).

---

 

59

 

  

2 2. Modification of a tank unit or secondary containment system without

increasing the capacity of the unit.

 

  

1 3. Replacement of a tank with a tank that meets the same design standards

and has a capacity within

±

10 percent of the replaced tank provided:

 

  

a. The capacity difference is no more than 1500 gallons,

 

  

b. The facility’s permitted tank capacity is not increased, and

 

  

c. The replacement tank meets the same conditions in the permit.

 

  

2 4. Modification of a tank management practice.

 

  

5. Management of different wastes in tanks:

 

  

3 a. That require additional or different management practices, tank

design, different fire protection specifications or significantly

different tank treatment process from that authorized in the

permit, except as provided in paragraph G(5)(c).

 

  

2 b. That do not require additional or different management practices

or tank design, different fire protection specification, or

significantly different tank treatment process than authorized in

the permit, except as provided in paragraph G(5)(d).

 

  

Note: See Section 703.280(g) for modification procedures to be

used for the management of newly listed or identified wastes.

 

  

1* c. That require addition of units or change in treatment processes

or management standards, provided that the wastes are restricted

from land disposal and are to be treated to meet some or all of

the applicable treatment standards. The modification is not

applicable to dioxin-containing wastes (F020, F021, F022,

F023, F026, F027, and F028).

 

  

1 d. That do not require the addition of units or a change in the

treatment process or management standards, and provided that

the units have previously received wastes of the same type (e.g.,

incinerator scrubber water). This modification is not applicable

to dioxin-containing wastes (F020, F021, F022, F023, F026,

F027, and F028).

 

  

Note: See Section 703.280(g) for modification procedures to be

used for the management of newly listed or identified wastes.

---

 

60

 

  

H. Surface Impoundments

 

  

3 1. Modification or addition of surface impoundment units that result in

increasing the facility’s surface impoundment storage or treatment

capacity.

 

  

3 2. Replacement of a surface impoundment unit.

 

  

2 3. Modification of a surface impoundment unit without increasing the

facility’s surface impoundment storage or treatment capacity and

without modifying the unit’s liner, leak detection system, or leachate

collection system.

 

  

2 4. Modification of a surface impoundment management practice.

  

  

5. Treatment, storage, or disposal of different wastes in surface

impoundments:

 

  

3 a. That require additional or different management practices or

different design of the liner or leak detection system than

authorized in the permit.

 

  

2 b. That do not require additional or different management practices

or different design of the liner or leak detection system than

authorized in the permit.

 

  

Note: See Section 703.280(g) for modification procedures to be

used for the management of newly listed or identified wastes.

 

  

1 c. That are wastes restricted from land disposal that meet the

applicable treatment standards. This modification is not

applicable to dioxin-containing wastes (F020, F021, F022,

F023, F026, F027, and F028).

 

  

1 d. That are residues from wastewater treatment or incineration,

provided the disposal occurs in a unit that meets the minimum

technological requirements stated in 40 CFR 268.5(h)(2)

U

 

(Procedures for Case-by-Case Extensions to an Effective Date)

U

,

incorporated by reference in 35 Ill. Adm. Code

S

728.105

SU

 

720.111(b)

U

, and provided further that the surface impoundment

has previously received wastes of the same type (for example,

incinerator scrubber water). This modification is not applicable

to dioxin-containing wastes (F020, F021, F022, F023, F026,

F027, and F028).

 

  

---

 

61

1* 6. Modifications of unconstructed units to comply with 35 Ill. Adm. Code

724.321(c), 724.322, 724.323, and 724.326(d).

 

  

7. Changes in response action plan:

 

  

3 a. Increase in action leakage rate.

 

  

3 b. Change in a specific response reducing its frequency or

effectiveness.

 

  

2 c. Other changes.

 

  

Note: See Section 703.280(g) for modification procedures to be

used for the management of newly listed or identified wastes.

 

  

I. Enclosed Waste Piles. For all waste piles, except those complying with 35 Ill.

Adm. Code 724.350(c), modifications are treated the same as for a landfill.

The following modifications are applicable only to waste piles complying with

35 Ill. Adm. Code 724.350(c).

 

  

1. Modification or addition of waste pile units:

 

  

3 a. Resulting in greater than 25 percent increase in the facility’s

waste pile storage or treatment capacity.

 

  

2 b. Resulting in up to 25 percent increase in the facility’s waste pile

storage or treatment capacity.

 

  

2 2. Modification of waste pile unit without increasing the capacity of the

unit.

 

  

1 3. Replacement of a waste pile unit with another waste pile unit of the

same design and capacity and meeting all waste pile conditions in the

permit.

 

  

2 4. Modification of a waste pile management practice.

 

  

5. Storage or treatment of different wastes in waste piles:

 

  

3 a. That require additional or different management practices or

different design of the unit.

 

  

2 b. That do not require additional or different management practices

or different design of the unit.

 

  

---

 

62

Note: See Section 703.280(g) for modification procedures to be

used for the management of newly listed or identified wastes.

 

  

2 6. Conversion of an enclosed waste pile to a containment building unit.

 

  

Note: See Section 703.280(g) for modification procedures to be used

for the management of newly listed or identified wastes.

 

  

J. Landfills and Unenclosed Waste Piles

  

  

3 1. Modification or addition of landfill units that result in increasing the

facility’s disposal capacity.

 

  

3 2. Replacement of a landfill.

 

  

3 3. Addition or modification of a liner, leachate collection system, leachate

detection system, runoff control, or final cover system.

 

  

2 4. Modification of a landfill unit without changing a liner, leachate

collection system, leachate detection system, runoff control, or final

cover system.

 

  

2 5. Modification of a landfill management practice.

 

  

6. Landfill different wastes:

 

  

3 a. That require additional or different management practices,

different design of the liner, leachate collection system, or

leachate detection system.

 

  

2 b. That do not require additional or different management

practices, different design of the liner, leachate collection

system, or leachate detection system.

 

  

Note: See Section 703.280(g) for modification procedures to be

used for the management of newly listed or identified wastes.

 

  

1 c. That are wastes restricted from land disposal that meet the

applicable treatment standards. This modification is not

applicable to dioxin-containing wastes (F020, F021, F022,

F023, F026, F027, and F028).

 

  

---

 

63

1 d. That are residues from wastewater treatment or incineration,

provided the disposal occurs in a landfill unit that meets the

minimum technological requirements stated in 40 CFR

268.5(h)(2)

U

(Procedures for Case-by-Case Extensions to an

Effective Date)

U

, incorporated by reference in 35 Ill. Adm. Code

S

 

728.105

SU

720.111(b)

U

, and provided further that the landfill has

previously received wastes of the same type (for example,

incinerator ash). This modification is not applicable to dioxin-

containing wastes (F020, F021, F022, F023, F026, F027, and

F028).

 

  

1* 7. Modification of unconstructed units to comply with 35 Ill. Adm. Code

724.351(c), 724.352, 724.353, 724.354(c), 724.401(c), 724.402,

724.403(c), and 724.404.

 

  

8. Changes in response action plan:

 

  

3 a. Increase in action leakage rate.

 

  

3 b. Change in a specific response reducing its frequency or

effectiveness.

 

  

2 c. Other changes.

 

  

Note: See Section 703.280(g) for modification procedures to be

used for the management of newly listed or identified wastes.

 

  

K. Land Treatment

 

  

3 1. Lateral expansion of or other modification of a land treatment unit to

increase area extent.

 

  

2 2. Modification of runon control system.

 

  

3 3. Modify runoff control system.

 

  

2 4. Other modification of land treatment unit component specifications or

standards required in permit.

 

  

5. Management of different wastes in land treatment units:

 

  

3 a. That require a change in permit operating conditions or unit

design specifications.

 

  

2 b. That do not require a change in permit operating conditions or

unit design specifications.

---

 

64

 

  

Note: See Section 703.280(g) for modification procedures to be

used for the management of newly listed or identified wastes.

 

  

6. Modification of a land treatment unit management practice to:

 

  

3 a. Increase rate or change method of waste application.

 

  

1 b. Decrease rate of waste application.

 

  

2 7. Modification of a land treatment unit management practice to change

measures of pH or moisture content or to enhance microbial or

chemical reactions.

 

  

3 8. Modification of a land treatment unit management practice to grow

food chain crops, to add to or replace existing permitted crops with

different food chain crops or to modify operating plans for distribution

of animal feeds resulting from such crops.

 

  

3 9. Modification of operating practice due to detection of releases from the

land treatment unit pursuant to 35 Ill. Adm. Code 724.378(g)(2).

 

  

3 10. Changes in the unsaturated zone monitoring system that result in a

change to the location, depth, or number of sampling points or which

replace unsaturated zone monitoring devices or components of devices

with devices or components that have specifications different from

permit requirements.

 

  

2 11. Changes in the unsaturated zone monitoring system that do not result in

a change to the location, depth, or number of sampling points or which

replace unsaturated zone monitoring devices or components of devices

with devices or components having specifications different from permit

requirements.

 

  

2 12. Changes in background values for hazardous constituents in soil and

soil-pore liquid.

 

  

2 13. Changes in sampling, analysis, or statistical procedure.

 

  

2 14. Changes in land treatment demonstration program prior to or during the

demonstration.

 

  

1* 15. Changes in any condition specified in the permit for a land treatment

unit to reflect results of the land treatment demonstration, provided

performance standards are met, and the Agency’s prior approval has

been received.

---

 

65

 

  

1* 16. Changes to allow a second land treatment demonstration to be

conducted when the results of the first demonstration have not shown

the conditions under which the wastes can be treated completely,

provided the conditions for the second demonstration are substantially

the same as the conditions for the first demonstration and have received

the prior approval of the Agency.

 

  

3 17. Changes to allow a second land treatment demonstration to be

conducted when the results of the first demonstration have not shown

the conditions under which the wastes can be treated completely, where

the conditions for the second demonstration are not substantially the

same as the conditions for the first demonstration.

 

  

2 18. Changes in vegetative cover requirements for closure.

 

  

L. Incinerators, Boilers and Industrial Furnaces

 

  

3 1. Changes to increase by more than 25 percent any of the following limits

authorized in the permit: A thermal feed rate limit, a feedstream feed

rate limit, a chlorine/chloride feed rate limit, a metal feed rate limit, or

an ash feed rate limit. The Agency must require a new trial burn to

substantiate compliance with the regulatory performance standards

unless this demonstration can be made through other means.

 

  

2 2. Changes to increase by up to 25 percent any of the following limits

authorized in the permit: A thermal feed rate limit, a feedstream feed

rate limit, a chlorine/chloride feed rate limit, a metal feed rate limit, or

an ash feed rate limit. The Agency must require a new trial burn to

substantiate compliance with the regulatory performance standards

unless this demonstration can be made through other means.

 

  

3 3. Modification of an incinerator, boiler, or industrial furnace unit by

changing the internal size or geometry of the primary or secondary

combustion units; by adding a primary or secondary combustion unit;

by substantially changing the design of any component used to remove

HCl/Cl

B

2

B

, metals, or particulate from the combustion gases; or by

changing other features of the incinerator, boiler, or industrial furnace

that could affect its capability to meet the regulatory performance

standards. The Agency must require a new trial burn to substantiate

compliance with the regulatory performance standards, unless this

demonstration can be made through other means.

 

  

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66

2 4. Modification of an incinerator, boiler, or industrial furnace unit in a

manner that will not likely affect the capability of the unit to meet the

regulatory performance standards but which will change the operating

conditions or monitoring requirements specified in the permit. The

Agency may require a new trial burn to demonstrate compliance with

the regulatory performance standards.

 

  

5. Operating requirements:

 

  

3 a. Modification of the limits specified in the permit for minimum

or maximum combustion gas temperature, minimum combustion

gas residence time, oxygen concentration in the secondary

combustion chamber, flue gas carbon monoxide or hydrocarbon

concentration, maximum temperature at the inlet to the PM

emission control system, or operating parameters for the air

pollution control system. The Agency must require a new trial

burn to substantiate compliance with the regulatory performance

standards unless this demonstration can be made through other

means.

 

  

3 b. Modification of any stack gas emission limits specified in the

permit, or modification of any conditions in the permit

concerning emergency shutdown or automatic waste feed cutoff

procedures or controls.

 

  

2 c. Modification of any other operating condition or any inspection

or recordkeeping requirement specified in the permit.

 

  

6. Burning different wastes:

 

  

3 a. If the waste contains a POHC that is more difficult to burn than

authorized by the permit or if burning of the waste requires

compliance with different regulatory performance standards

than specified in the permit, the Agency must require a new trial

burn to substantiate compliance with the regulatory performance

standards, unless this demonstration can be made through other

means.

 

  

2 b. If the waste does not contain a POHC that is more difficult to

burn than authorized by the permit and if burning of the waste

does not require compliance with different regulatory

performance standards than specified in the permit.

 

  

Note: See Section 703.280(g) for modification procedures to be

used for the management of newly listed or identified wastes.

 

  

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67

7. Shakedown and trial burn:

 

  

2 a. Modification of the trial burn plan or any of the permit

conditions applicable during the shakedown period for

determining operational readiness after construction, the trial

burn period or the period immediately following the trial burn.

 

  

1* b. Authorization of up to an additional 720 hours of waste burning

during the shakedown period for determining operational

readiness after construction, with the prior approval of the

Agency.

 

  

1* c. Changes in the operating requirements set in the permit for

conducting a trial burn, provided the change is minor and has

received the prior approval of the Agency.

 

  

1* d. Changes in the ranges of the operating requirements set in the

permit to reflect the results of the trial burn, provided the change

is minor and has received the prior approval of the Agency.

 

  

1 8. Substitution of an alternative type of non-hazardous waste fuel that is

not specified in the permit.

 

  

1* 9. Technology changes needed to meet standards under federal

U

subpart

EEE of

U

40 CFR 63 (

S

subpart EEE--

S

National Emission Standards for

Hazardous Air Pollutants

S

From

SU

from

U

Hazardous Waste Combustors)

U

,

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

U

, provided

the procedures of Section 703.280(j) are followed.

 

  

M. Containment Buildings

 

  

1. Modification or addition of containment building units:

  

  

3 a. Resulting in greater than 25 percent increase in the facility’s

containment building storage or treatment capacity.

 

  

2 b. Resulting in up to 25 percent increase in the facility’s

containment building storage or treatment capacity.

 

  

2 2. Modification of a containment building unit or secondary containment

system without increasing the capacity of the unit.

 

  

3. Replacement of a containment building with a containment building

that meets the same design standards provided:

 

  

1 a. The unit capacity is not increased.

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68

 

  

1 b. The replacement containment building meets the same

conditions in the permit.

 

  

2 4. Modification of a containment building management practice.

 

  

5. Storage or treatment of different wastes in containment buildings:

 

  

3 a. That require additional or different management practices.

 

  

2 b. That do not require additional or different management

practices.

 

  

N. Corrective Action

 

  

3 1. Approval of a corrective action management unit pursuant to 35 Ill.

Adm. Code 724.652.

 

  

2 2. Approval of a temporary unit or time extension pursuant to 35 Ill. Adm.

Code 724.653.

 

  

2 3. Approval of a staging pile or staging pile operating term extension

pursuant to 35 Ill. Adm. Code 724.654.

 

  

Note: * indicates modifications requiring prior Agency approval.

 

BOARD NOTE: Derived from

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appendix I to

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40 CFR 270.42

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, Appendix I (2002)

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(2005)

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.

 

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

 

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

 

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69

SUBPART B: DEFINITIONS AND REFERENCES

Section

720.110 Definitions

720.111 References

 

SUBPART C: RULEMAKING PETITIONS AND OTHER PROCEDURES

Section

720.120 Rulemaking

720.121 Alternative Equivalent Testing Methods

720.122 Waste Delisting

720.123 Petitions for Regulation as Universal Waste

720.130 Procedures for Solid Waste Determinations

720.131 Solid Waste Determinations

720.132 Boiler Determinations

720.133 Procedures for Determinations

720.140 Additional Regulation of Certain Hazardous Waste Recycling Activities on a

Case-by-Case Basis

720.141 Procedures for Case-by-Case Regulation of Hazardous Waste Recycling

Activities

 

720.Appendix A Overview of

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40 CFR,

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Federal RCRA

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Subtitle C

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(Hazardous Waste)

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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.

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70

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 R05-8 at 29 Ill. Reg. 5974, effective April 13, 2005;

amended in R05-2 at 29 Ill. Reg. 6290, effective April 22, 2005; amended in R06-5/R06-6/R06-7

at 30 Ill. Reg. ________, effective ______________________.

 

SUBPART B: DEFINITIONS AND REFERENCES

 

Section 720.110 Definitions

 

When used in 35 Ill. Adm. Code 720 through 726, 728, 733, and 739 only, the following terms have

the meanings given below:

 

“Aboveground tank” means a device meeting the definition of tank that is situated in

such a way that the entire surface area of the tank is completely above the plane of

the adjacent surrounding surface and the entire surface area of the tank (including the

tank bottom) is able to be visually inspected.

 

“Active life” of a facility means the period from the initial receipt of hazardous waste

at the facility until the Agency receives certification of final closure.

 

“Active portion” means that portion of a facility where treatment, storage, or disposal

operations are being or have been conducted after May 19, 1980, and which is not a

closed portion. (See also “closed portion” and “inactive portion.”)

 

“Administrator” means the Administrator of the United States Environmental

Protection Agency or the Administrator’s designee.

 

“Agency” means the Illinois Environmental Protection Agency.

 

“Ancillary equipment” means any device, including, but not limited to, such devices

as piping, fittings, flanges, valves, and pumps, that is used to distribute, meter, or

control the flow of hazardous waste from its point of generation to storage or

treatment tanks, between hazardous waste storage and treatment tanks to a point of

disposal onsite, or to a point of shipment for disposal off-site.

 

“Aquifer” means a geologic formation, group of formations, or part of a formation

capable of yielding a significant amount of groundwater to wells or springs.

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71

 

“Authorized representative” means the person responsible for the overall operation

of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager,

superintendent, or person of equivalent responsibility.

 

“Battery” means a device that consists of one or more electrically connected

electrochemical cells which is designed to receive, store, and deliver electric energy.

An electrochemical cell is a system consisting of an anode, cathode, and an

electrolyte, plus such connections (electrical and mechanical) as may be needed to

allow the cell to deliver or receive electrical energy. The term battery also includes

an intact, unbroken battery from which the electrolyte has been removed.

 

“Board” means the Illinois Pollution Control Board.

 

“Boiler” means an enclosed device using controlled flame combustion and having

the following characteristics:

 

Boiler physical characteristics.

 

The unit must have physical provisions for recovering and exporting

thermal energy in the form of steam, heated fluids, or heated gases;

and the unit’s combustion chamber and primary energy recovery

sections must be of integral design. To be of integral design, the

combustion chamber and the primary energy recovery sections (such

as waterwalls and superheaters) must be physically formed into one

manufactured or assembled unit. A unit in which the combustion

chamber and the primary energy recovery sections are joined only by

ducts or connections carrying flue gas is not integrally designed;

however, secondary energy recovery equipment (such as

economizers or air preheaters) need not be physically formed into the

same unit as the combustion chamber and the primary energy

recovery section. The following units are not precluded from being

boilers solely because they are not of integral design: process heaters

(units that transfer energy directly to a process stream) and fluidized

bed combustion units; and

 

While in operation, the unit must maintain a thermal energy recovery

efficiency of at least 60 percent, calculated in terms of the recovered

energy compared with the thermal value of the fuel; and

 

The unit must export and utilize at least 75 percent of the recovered

energy, calculated on an annual basis. In this calculation, no credit

may be given for recovered heat used internally in the same unit.

(Examples of internal use are the preheating of fuel or combustion

air, and the driving of induced or forced draft fans or feedwater

pumps.); or

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72

 

Boiler by designation. The unit is one that the Board has determined, on a

case-by-case basis, to be a boiler, after considering the standards in Section

720.132.

 

“Carbon regeneration unit” means any enclosed thermal treatment device used to

regenerate spent activated carbon.

 

“Certification” means a statement of professional opinion based upon knowledge and

belief.

 

“Closed portion” means that portion of a facility that an owner or operator has closed

in accordance with the approved facility closure plan and all applicable closure

requirements. (See also “active portion” and “inactive portion.”)

 

“Component” means either the tank or ancillary equipment of a tank system.

 

“Confined aquifer” means an aquifer bounded above and below by impermeable

beds or by beds of distinctly lower permeability than that of the aquifer itself; an

aquifer containing confined groundwater.

 

“Container” means any portable device in which a material is stored, transported,

treated, disposed of, or otherwise handled.

 

“Containment building” means a hazardous waste management unit that is used to

store or treat hazardous waste under the provisions of Subpart DD of 35 Ill. Adm.

Code 724 and Subpart DD of 35 Ill. Adm. Code 725.

 

“Contingency plan” means a document setting out an organized, planned and

coordinated course of action to be followed in case of a fire, explosion, or release of

hazardous waste or hazardous waste constituents that could threaten human health or

the environment.

 

“Corrosion expert” means a person who, by reason of knowledge of the physical

sciences and the principles of engineering and mathematics, acquired by a

professional education and related practical experience, is qualified to engage in the

practice of corrosion control on buried or submerged metal piping systems and metal

tanks. Such a person must be certified as being qualified by the National Association

of Corrosion Engineers (NACE) or be a registered professional engineer who has

certification or licensing that includes education and experience in corrosion control

on buried or submerged metal piping systems and metal tanks.

 

“Designated facility” means

S

a hazardous waste treatment, storage, or disposal

facility,

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either of the following entities:

 

S

Of

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A hazardous waste treatment, storage, or disposal facility that has been

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73

designated on the manifest by the generator, pursuant to 35 Ill. Adm. Code

722.120, of

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which any of the following is true:

 

The facility has received a RCRA permit (or interim status) pursuant

to 35 Ill. Adm. Code 702, 703, and 705;

 

The facility has received a RCRA permit from USEPA pursuant to 40

CFR 124 and 270

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(2002)

SU

(2005)

U

;

 

The facility has received a RCRA permit from a state authorized by

USEPA pursuant to 40 CFR 271

S

(2002)

SU

(2005)

U

; or

 

The facility is regulated under 35 Ill. Adm. Code 721.106(c)(2) or

Subpart F of 35 Ill. Adm. Code 266;

S

and

S

U

or

 

S

The facility has been designated on the manifest by the generator pursuant

to 35 Ill. Adm. Code 722.120.

 

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Effective September 5, 2006, a generator site designated by the hazardous

waste generator on the manifest to receive back its own waste as a return

shipment from a designated hazardous waste treatment, storage, or

disposal facility that has rejected the waste in accordance with 35 Ill.

Adm. Code 724.172(f) or 725.172(f).

 

If a waste is destined to a facility in a state other than Illinois that has been

authorized by USEPA pursuant to 40 CFR 271, but which has not yet obtained

authorization to regulate that waste as hazardous, then the designated facility must be

a facility allowed by the receiving state to accept such waste.

 

“Destination facility” means a facility that treats, disposes of, or recycles a particular

category of universal waste, except those management activities described in 35 Ill.

Adm. Code 733.113(a) and (c) and 733.133(a) and (c). A facility at which a

particular category of universal waste is only accumulated is not a destination facility

for the purposes of managing that category of universal waste.

 

“Dike” means an embankment or ridge of either natural or manmade materials used

to prevent the movement of liquids, sludges, solids, or other materials.

 

“Dioxins and furans” or “D/F” means tetra, penta-, hexa-, hepta-, and octa-

chlorinated dibenzo dioxins and furans.

 

“Director” means the Director of the Illinois Environmental Protection Agency.

 

“Discharge” or “hazardous waste discharge” means the accidental or intentional

spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous

waste into or on any land or water.

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74

 

“Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or

placing of any solid waste or hazardous waste into or on any land or water so that

such solid waste or hazardous waste or any constituent thereof may enter the

environment or be emitted into the air or discharged into any waters, including

groundwaters.

 

“Disposal facility” means a facility or part of a facility at which hazardous waste is

intentionally placed into or on any land or water and at which waste will remain after

closure. The term disposal facility does not include a corrective action management

unit (CAMU) into which remediation wastes are placed.

 

“Drip pad” means an engineered structure consisting of a curbed, free-draining base,

constructed of non-earthen materials and designed to convey preservative kick-back

or drippage from treated wood, precipitation and surface water runon to an

associated collection system at wood preserving plants.

 

“Elementary neutralization unit” means a device of which the following is true:

 

It is used for neutralizing wastes that are hazardous only because they exhibit

the corrosivity characteristic defined in 35 Ill. Adm. Code 721.122 or which

are listed in Subpart D of 35 Ill. Adm. Code 721 only for this reason; and

 

It meets the definition of tank, tank system, container, transport vehicle, or

vessel in this Section.

 

“EPA hazardous waste number” or “USEPA hazardous waste number” means the

number assigned by USEPA to each hazardous waste listed in Subpart D of 35 Ill.

Adm. Code 721 and to each characteristic identified in Subpart C of 35 Ill. Adm.

Code 721.

 

“EPA identification number” or “USEPA identification number” means the number

assigned by USEPA pursuant to 35 Ill. Adm. Code 722 through 725 to each

generator; transporter; and treatment, storage, or disposal facility.

 

“EPA region” or “USEPA region” means the states and territories found in any one

of the following ten regions:

 

Region I: Maine, Vermont, New Hampshire, Massachusetts, Connecticut,

and Rhode Island

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.

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Region II: New York, New Jersey, Commonwealth of Puerto Rico, and the

U.S. Virgin Islands

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.

U

 

Region III: Pennsylvania, Delaware, Maryland, West Virginia, Virginia, and

the District of Columbia

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.

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75

 

Region IV: Kentucky, Tennessee, North Carolina, Mississippi, Alabama,

Georgia, South Carolina, and Florida

U

.

U

 

Region V: Minnesota, Wisconsin, Illinois, Michigan, Indiana, and Ohio

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.

U

 

Region VI: New Mexico, Oklahoma, Arkansas, Louisiana, and Texas

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.

U

 

Region VII: Nebraska, Kansas, Missouri, and Iowa

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.

U

 

Region VIII: Montana, Wyoming, North Dakota, South Dakota, Utah, and

Colorado

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.

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Region IX: California, Nevada, Arizona, Hawaii, Guam, American Samoa,

and Commonwealth of the Northern Mariana Islands

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.

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Region X: Washington, Oregon, Idaho, and Alaska

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.

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“Equivalent method” means any testing or analytical method approved by the Board

pursuant to Section 720.120.

 

“Existing hazardous waste management (HWM) facility” or “existing facility”

means a facility that was in operation or for which construction commenced on or

before November 19, 1980. A facility had commenced construction if the owner or

operator had obtained the federal, State, and local approvals or permits necessary to

begin physical construction and either of the following had occurred:

 

A continuous on-site, physical construction program had begun; or

 

The owner or operator had entered into contractual obligations that could not

be canceled or modified without substantial loss for physical construction of

the facility to be completed within a reasonable time.

 

“Existing portion” means that land surface area of an existing waste management

unit, included in the original Part A permit application, on which wastes have been

placed prior to the issuance of a permit.

 

“Existing tank system” or “existing component” means a tank system or component

that is used for the storage or treatment of hazardous waste and which was in

operation, or for which installation was commenced, on or prior to July 14, 1986.

Installation will be considered to have commenced if the owner or operator has

obtained all federal, State, and local approvals or permits necessary to begin physical

construction of the site or installation of the tank system and if either of the following

is true:

 

A continuous on-site physical construction or installation program has begun;

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76

or

 

The owner or operator has entered into contractual obligations that cannot be

canceled or modified without substantial loss for physical construction of the

site or installation of the tank system to be completed within a reasonable

time.

 

“Explosives or munitions emergency” means a situation involving the suspected

or detected presence of unexploded ordnance (UXO), damaged or deteriorated

explosives or munitions, an improvised explosive device (IED), other potentially

explosive material or device, or other potentially harmful military chemical

munitions or device, that creates an actual or potential imminent threat to human

health, including safety, or the environment, including property, as determined by

an explosives or munitions emergency response specialist. Such situations may

require immediate and expeditious action by an explosives or munitions

emergency response specialist to control, mitigate, or eliminate the threat.

 

“Explosives or munitions emergency response” means all immediate response

activities by an explosives and munitions emergency response specialist to

control, mitigate, or eliminate the actual or potential threat encountered during an

explosives or munitions emergency. An explosives or munitions emergency

response may include in-place render-safe procedures, treatment, or destruction of

the explosives or munitions or transporting those items to another location to be

rendered safe, treated, or destroyed. Any reasonable delay in the completion of

an explosives or munitions emergency response caused by a necessary,

unforeseen, or uncontrollable circumstance will not terminate the explosives or

munitions emergency. Explosives and munitions emergency responses can occur

on either public or private lands and are not limited to responses at RCRA

facilities.

 

“Explosives or munitions emergency response specialist” means an individual

trained in chemical or conventional munitions or explosives handling,

transportation, render-safe procedures, or destruction techniques. Explosives or

munitions emergency response specialists include United States Department of

Defense (USDOD) emergency explosive ordnance disposal (EOD), technical

escort unit (TEU), and USDOD-certified civilian or contractor personnel and

other federal, State, or local government or civilian personnel who are similarly

trained in explosives or munitions emergency responses.

 

“Facility” means the following:

 

All contiguous land and structures, other appurtenances, and improvements

on the land used for treating, storing, or disposing of hazardous waste. A

facility may consist of several treatment, storage, or disposal operational

units (e.g., one or more landfills, surface impoundments, or combinations of

them).

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77

 

For the purpose of implementing corrective action under 35 Ill. Adm. Code

724.201, all contiguous property under the control of the owner or operator

seeking a permit under Subtitle C of RCRA. This definition also applies to

facilities implementing corrective action under RCRA section 3008(h).

 

Notwithstanding the immediately-preceding paragraph of this definition, a

remediation waste management site is not a facility that is subject to 35 Ill.

Adm. Code 724.201, but a facility that is subject to corrective action

requirements if the site is located within such a facility.

 

“Federal agency” means any department, agency, or other instrumentality of the

federal government, any independent agency or establishment of the federal

government, including any government corporation and the Government Printing

Office.

 

“Federal, State, and local approvals or permits necessary to begin physical

construction” means permits and approvals required under federal, State, or local

hazardous waste control statutes, regulations, or ordinances.

 

“Final closure” means the closure of all hazardous waste management units at the

facility in accordance with all applicable closure requirements so that hazardous

waste management activities under 35 Ill. Adm. Code 724 and 725 are no longer

conducted at the facility unless subject to the provisions of 35 Ill. Adm. Code

722.134.

 

“Food-chain crops” means tobacco, crops grown for human consumption, and crops

grown for feed for animals whose products are consumed by humans.

 

“Freeboard” means the vertical distance between the top of a tank or surface

impoundment dike and the surface of the waste contained therein.

 

“Free liquids” means liquids that readily separate from the solid portion of a waste

under ambient temperature and pressure.

 

“Generator” means any person, by site, whose act or process produces hazardous

waste identified or listed in 35 Ill. Adm. Code 721 or whose act first causes a

hazardous waste to become subject to regulation.

 

“Groundwater” means water below the land surface in a zone of saturation.

 

“Hazardous waste” means a hazardous waste as defined in 35 Ill. Adm. Code

721.103.

 

“Hazardous waste constituent” means a constituent that caused the hazardous waste

to be listed in Subpart D of 35 Ill. Adm. Code 721, or a constituent listed in 35 Ill.

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78

Adm. Code 721.124.

 

“Hazardous waste management unit” is a contiguous area of land on or in which

hazardous waste is placed, or the largest area in which there is significant likelihood

of mixing hazardous waste constituents in the same area. Examples of hazardous

waste management units include a surface impoundment, a waste pile, a land

treatment area, a landfill cell, an incinerator, a tank and its associated piping and

underlying containment system, and a container storage area. A container alone does

not constitute a unit; the unit includes containers, and the land or pad upon which

they are placed.

 

“Inactive portion” means that portion of a facility that is not operated after November

19, 1980. (See also “active portion” and “closed portion.”)

 

“Incinerator” means any enclosed device of which the following is true:

 

The facility uses controlled flame combustion, and both of the following are

true of the facility:

 

The facility does not meet the criteria for classification as a boiler,

sludge dryer, or carbon regeneration unit, nor

 

The facility is not listed as an industrial furnace; or

 

The facility meets the definition of infrared incinerator or plasma arc

incinerator.

 

“Incompatible waste” means a hazardous waste that is unsuitable for the following:

 

Placement in a particular device or facility because it may cause corrosion or

decay of containment materials (e.g., container inner liners or tank walls); or

 

Commingling with another waste or material under uncontrolled conditions

because the commingling might produce heat or pressure, fire, or explosion,

violent reaction, toxic dusts, mists, fumes or gases, or flammable fumes or

gases.

 

(See Appendix E to 35 Ill. Adm. Code 725 for examples.)

 

“Industrial furnace” means any of the following enclosed devices that are integral

components of manufacturing processes and that use thermal treatment to

accomplish recovery of materials or energy:

 

Cement kilns;

 

Lime kilns;

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79

 

Aggregate kilns;

 

Phosphate kilns;

 

Coke ovens;

 

Blast furnaces;

 

Smelting, melting and refining furnaces (including pyrometallurgical devices

such as cupolas, reverberator furnaces, sintering machines, roasters, and

foundry furnaces);

 

Titanium dioxide chloride process oxidation reactors;

 

Methane reforming furnaces;

 

Pulping liquor recovery furnaces;

 

Combustion devices used in the recovery of sulfur values from spent sulfuric

acid;

 

Halogen acid furnaces (HAFs) for the production of acid from halogenated

hazardous waste generated by chemical production facilities where the

furnace is located on the site of a chemical production facility, the acid

product has a halogen acid content of at least three percent, the acid product

is used in a manufacturing process, and, except for hazardous waste burned

as fuel, hazardous waste fed to the furnace has a minimum halogen content of

20 percent, as generated; and

 

Any other such device as the Agency determines to be an industrial furnace

on the basis of one or more of the following factors:

 

The design and use of the device primarily to accomplish recovery of

material products;

 

The use of the device to burn or reduce raw materials to make a

material product;

 

The use of the device to burn or reduce secondary materials as

effective substitutes for raw materials, in processes using raw

materials as principal feedstocks;

 

The use of the device to burn or reduce secondary materials as

ingredients in an industrial process to make a material product;

 

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80

The use of the device in common industrial practice to produce a

material product; and

 

Other relevant factors.

 

“Individual generation site” means the contiguous site at or on which one or more

hazardous wastes are generated. An individual generation site, such as a large

manufacturing plant, may have one or more sources of hazardous waste but is

considered a single or individual generation site if the site or property is contiguous.

 

“Infrared incinerator” means any enclosed device that uses electric powered

resistance heaters as a source of radiant heat followed by an afterburner using

controlled flame combustion and which is not listed as an industrial furnace.

 

“Inground tank” means a device meeting the definition of tank whereby a portion of

the tank wall is situated to any degree within the ground, thereby preventing visual

inspection of that external surface area of the tank that is in the ground.

 

“In operation” refers to a facility that is treating, storing, or disposing of hazardous

waste.

 

“Injection well” means a well into which fluids are being injected. (See also

“underground injection.”)

 

“Inner liner” means a continuous layer of material placed inside a tank or container

that protects the construction materials of the tank or container from the contained

waste or reagents used to treat the waste.

 

“Installation inspector” means a person who, by reason of knowledge of the physical

sciences and the principles of engineering, acquired by a professional education and

related practical experience, is qualified to supervise the installation of tank systems.

 

“International shipment” means the transportation of hazardous waste into or out of

the jurisdiction of the United States.

 

“Lamp” or “universal waste lamp” means the bulb or tube portion of an electric

lighting device. A lamp is specifically designed to produce radiant energy, most

often in the ultraviolet, visible, or infrared regions of the electromagnetic spectrum.

Examples of common universal waste lamps include, but are not limited to,

fluorescent, high intensity discharge, neon, mercury vapor, high-pressure sodium,

and metal halide lamps.

 

“Land treatment facility” means a facility or part of a facility at which hazardous

waste is applied onto or incorporated into the soil surface; such facilities are disposal

facilities if the waste will remain after closure.

 

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81

“Landfill” means a disposal facility or part of a facility where hazardous waste is

placed in or on land and which is not a pile, a land treatment facility, a surface

impoundment, an underground injection well, a salt dome formation, a salt bed

formation, an underground mine, a cave, or a corrective action management unit

(CAMU).

 

“Landfill cell” means a discrete volume of a hazardous waste landfill that uses a liner

to provide isolation of wastes from adjacent cells or wastes. Examples of landfill

cells are trenches and pits.

 

“LDS” means leak detection system.

 

“Leachate” means any liquid, including any suspended components in the liquid, that

has percolated through or drained from hazardous waste.

 

“Liner” means a continuous layer of natural or manmade materials beneath or on the

sides of a surface impoundment, landfill, or landfill cell that restricts the downward

or lateral escape of hazardous waste, hazardous waste constituents, or leachate.

 

“Leak-detection system” means a system capable of detecting the failure of either the

primary or secondary containment structure or the presence of a release of hazardous

waste or accumulated liquid in the secondary containment structure. Such a system

must employ operational controls (e.g., daily visual inspections for releases into the

secondary containment system of aboveground tanks) or consist of an interstitial

monitoring device designed to detect continuously and automatically the failure of

the primary or secondary containment structure or the presence of a release of

hazardous waste into the secondary containment structure.

 

“Management” or “hazardous waste management” means the systematic control of

the collection, source separation, storage, transportation, processing, treatment,

recovery, and disposal of hazardous waste.

 

“Manifest” means the shipping document

U

USEPA Form 8700-22 (including, if

necessary, USEPA Form 8700-22A)

U

originated and signed by the generator

U

or

offeror

U

that contains the information required by Subpart B of 35 Ill. Adm. Code 722

U

 

and the applicable requirements of 35 Ill. Adm. Code 722 through 725

U

.

 

“Manifest document number” means

U

, until September 5, 2006,

U

the USEPA twelve

digit identification number assigned to the generator plus a unique five-digit

document number assigned to the manifest by the generator for recording and

reporting purposes.

 

U

“Manifest tracking number” means, effective September 5, 2006, the

alphanumeric identification number (i.e., a unique three letter suffix preceded by

nine numerical digits) that is pre-printed in Item 4 of the manifest by a registered

source.

U

---

 

82

 

“Mercury-containing equipment” means mercury switches and mercury relays,

and scientific instruments and instructional equipment containing mercury added

during their manufacture.

BOARD NOTE: The definition of “mercury-containing equipment” was added

pursuant to Sections 3.283, 3.284, and 22.23b of the Act [415 ILCS 5/3.283,

3.284, and 22.23b]

S

,

S

(

S

See

S

U

see

U

P.A. 93-964, effective August 20, 2004).

 

“Mercury relay” means a product or device, containing mercury added during its

manufacture, that opens or closes electrical contacts to effect the operation of

other devices in the same or another electrical circuit. Mercury relay includes,

but is not limited to, mercury displacement relays, mercury wetted reed relays,

and mercury contact relays.

[415 ILCS 5/3.283]

BOARD NOTE: The definition of “mercury relay” was added pursuant to

Section 3.283 of the Act [415 ILCS 5/

S

.283

SU

3.283

U

]

S

,

S

(

S

See

S

U

see

U

P.A. 93-964, effective

August 20, 2004).

 

“Mercury switch” means a product or device, containing mercury added during

its manufacture, that opens or closes an electrical circuit or gas valve, including,

but not limited to, mercury float switches actuated by rising or falling liquid

levels, mercury tilt switches actuated by a change in the switch position, mercury

pressure switches actuated by a change in pressure, mercury temperature

switches actuated by a change in temperature, and mercury flame sensors.

[415

ILCS 5/3.284]

BOARD NOTE: The definition of “mercury switch” was added pursuant to

Section 3.284 of the Act [415 ILCS 5/

S

.284

SU

3.284

U

]

S

,

S

(

S

See

S

U

see

U

P.A. 93-964, effective

August 20, 2004).

 

“Military munitions” means all ammunition products and components produced

or used by or for the United States Department of Defense or the United States

Armed Services for national defense and security, including military munitions

under the control of the United States Department of Defense (USDOD), the

United States Coast Guard, the United States Department of Energy (USDOE),

and National Guard personnel. The term military munitions includes: confined

gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot

control agents, smokes, and incendiaries used by USDOD components, including

bulk explosives and chemical warfare agents, chemical munitions, rockets, guided

and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition,

small arms ammunition, grenades, mines, torpedoes, depth charges, cluster

munitions and dispensers, demolition charges, and devices and components of

these items and devices. Military munitions do not include wholly inert items,

improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear

components of these items and devices. However, the term does include non-

nuclear components of nuclear devices, managed under USDOE’s nuclear

weapons program after all sanitization operations required under the Atomic

Energy Act of 1954 (42 USC 2014 et seq.), as amended, have been completed.

---

 

83

 

“Mining overburden returned to the mine site” means any material overlying an

economic mineral deposit that is removed to gain access to that deposit and is then

used for reclamation of a surface mine.

 

“Miscellaneous unit” means a hazardous waste management unit where hazardous

waste is treated, stored, or disposed of and that is not a container; tank; surface

impoundment; pile; land treatment unit; landfill; incinerator; boiler; industrial

furnace; underground injection well with appropriate technical standards under 35

Ill. Adm. Code 730; containment building; corrective action management unit

(CAMU); unit eligible for a research, development, and demonstration permit under

35 Ill. Adm. Code 703.231; or staging pile.

 

“Movement” means hazardous waste that is transported to a facility in an individual

vehicle.

 

“New hazardous waste management facility” or “new facility” means a facility that

began operation, or for which construction commenced after November 19, 1980.

(See also “Existing hazardous waste management facility.”)

 

“New tank system” or “new tank component” means a tank system or component

that will be used for the storage or treatment of hazardous waste and for which

installation commenced after July 14, 1986; except, however, for purposes of 35 Ill.

Adm. Code 724.293(g)(2) and 725.293(g)(2), a new tank system is one for which

construction commenced after July 14, 1986. (See also “existing tank system.”)

 

“Onground tank” means a device meeting the definition of tank that is situated in

such a way that the bottom of the tank is on the same level as the adjacent

surrounding surfaces so that the external tank bottom cannot be visually inspected.

 

“On-site” means the same or geographically contiguous property that may be divided

by public or private right-of-way, provided the entrance and exit between the

properties is at a crossroads intersection and access is by crossing as opposed to

going along the right-of-way. Noncontiguous properties owned by the same person

but connected by a right-of-way that the owner controls and to which the public does

not have access is also considered on-site property.

 

“Open burning” means the combustion of any material without the following

characteristics:

 

Control of combustion air to maintain adequate temperature for efficient

combustion;

 

Containment of the combustion reaction in an enclosed device to provide

sufficient residence time and mixing for complete combustion; and

 

---

 

84

Control of emission of the gaseous combustion products.

 

(See also “incineration” and “thermal treatment.”)

 

“Operator” means the person responsible for the overall operation of a facility.

 

“Owner” means the person that owns a facility or part of a facility.

 

“Partial closure” means the closure of a hazardous waste management unit in

accordance with the applicable closure requirements of 35 Ill. Adm. Code 724 or 725

at a facility that contains other active hazardous waste management units. For

example, partial closure may include the closure of a tank (including its associated

piping and underlying containment systems), landfill cell, surface impoundment,

waste pile, or other hazardous waste management unit, while other units of the same

facility continue to operate.

 

“Person” means an individual, trust, firm, joint stock company, federal agency,

corporation (including a government corporation), partnership, association, state,

municipality, commission, political subdivision of a state, or any interstate body.

 

“Personnel” or “facility personnel” means all persons who work at or oversee the

operations of a hazardous waste facility and whose actions or failure to act may

result in noncompliance with the requirements of 35 Ill. Adm. Code 724 or 725.

 

“Pesticide” means any substance or mixture of substances intended for preventing,

destroying, repelling, or mitigating any pest or intended for use as a plant regulator,

defoliant, or desiccant, other than any article that fulfills one of the following

descriptions:

 

It is a new animal drug under section 201(v) of the Federal Food, Drug and

Cosmetic Act (FFDCA; 21 USC 321(v)), incorporated by reference in

Section

S

720.111

SU

720.111(c)

U

;

 

It is an animal drug that has been determined by regulation of the federal

Secretary of Health and Human Services pursuant to FFDCA section 512 (21

USC 360b), incorporated by reference in Section

S

720.111

SU

720.111(c)

U

, to be

an exempted new animal drug; or

 

It is an animal feed under FFDCA section 201(w) (21 USC 321(w)),

incorporated by reference in Section

S

720.111

SU

720.111(c)

U

, that bears or

contains any substances described in either of the two preceding paragraphs

of this definition.

BOARD NOTE: The second exception of corresponding 40 CFR 260.10

reads as follows: “Is an animal drug that has been determined by regulation

of the Secretary of Health and Human Services not to be a new animal

drug.” This is very similar to the language of section 2(u) of the Federal

---

 

85

Insecticide, Fungicide, and Rodenticide Act (FIFRA; 7 USC 136(u)). The

three exceptions, taken together, appear intended not to include as pesticide

any material within the scope of federal Food and Drug Administration

regulation. The Board codified this provision with the intent of retaining the

same meaning as its federal counterpart while adding the definiteness

required under Illinois law.

 

“Pile” means any noncontainerized accumulation of solid, non-flowing hazardous

waste that is used for treatment or storage, and that is not a containment building.

 

“Plasma arc incinerator” means any enclosed device that uses a high intensity

electrical discharge or arc as a source of heat followed by an afterburner using

controlled flame combustion and which is not listed as an industrial furnace.

 

“Point source” means any discernible, confined, and discrete conveyance, including,

but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure,

container, rolling stock, concentrated animal feeding operation, or vessel or other

floating craft from which pollutants are or may be discharged. This term does not

include return flows from irrigated agriculture.

 

“Publicly owned treatment works” or “POTW” is as defined in 35 Ill. Adm. Code

310.110.

 

“Qualified groundwater scientist” means a scientist or engineer who has received a

baccalaureate or postgraduate degree in the natural sciences or engineering, and has

sufficient training and experience in groundwater hydrology and related fields, as

demonstrated by state registration, professional certifications, or completion of

accredited university courses that enable the individual to make sound professional

judgments regarding groundwater monitoring and contaminant rate and transport.

BOARD NOTE: State registration includes, but is not limited to, registration as a

professional engineer with the Department of Professional Regulation, pursuant to

225 ILCS 325 and 68 Ill. Adm. Code 1380. Professional certification includes, but is

not limited to, certification under the certified groundwater professional program of

the National Ground Water Association.

 

“RCRA” means the Solid Waste Disposal Act, as amended by the Resource

Conservation and Recovery Act of 1976, as amended (42 USC 6901 et seq.).

 

“Regional Administrator” means the Regional Administrator for the USEPA Region

in which the facility is located or the Regional Administrator’s designee.

 

“Remediation waste” means all solid and hazardous wastes, and all media (including

groundwater, surface water, soils, and sediments) and debris that are managed for

implementing cleanup.

 

“Remediation waste management site” means a facility where an owner or operator

---

 

86

is or will be treating, storing, or disposing of hazardous remediation wastes. A

remediation waste management site is not a facility that is subject to corrective

action under 35 Ill. Adm. Code 724.201, but a remediation waste management site

is subject to corrective action requirements if the site is located in such a facility.

 

“Replacement unit” means a landfill, surface impoundment, or waste pile unit from

which all or substantially all of the waste is removed, and which is subsequently

reused to treat, store, or dispose of hazardous waste. Replacement unit does not

include a unit from which waste is removed during closure, if the subsequent reuse

solely involves the disposal of waste from that unit and other closing units or

corrective action areas at the facility, in accordance with a closure or corrective

action plan approved by USEPA or the Agency.

 

“Representative sample” means a sample of a universe or whole (e.g., waste pile,

lagoon, groundwater) that can be expected to exhibit the average properties of the

universe or whole.

 

“Runoff” means any rainwater, leachate, or other liquid that drains over land from

any part of a facility.

 

“Runon” means any rainwater, leachate, or other liquid that drains over land onto

any part of a facility.

 

“Saturated zone” or “zone of saturation” means that part of the earth’s crust in which

all voids are filled with water.

 

“SIC

S

Code

SU

code

U

” means

U

“

U

Standard Industrial Classification

S

Code

S

U

code,”

U

as

S

defined

S

U

assigned to a site by the United States Department of Transportation, Federal

Highway Administration, based on the particular activities that occur on the site,

as set forth

U

in

U

its publication “

U

Standard Industrial Classification Manual,

U

”

U

 

incorporated by reference in Section

S

720.111

SU

720.111(a)

U

.

 

“Sludge” means any solid, semi-solid, or liquid waste generated from a municipal,

commercial, or industrial wastewater treatment plant, water supply treatment plant,

or air pollution control facility, exclusive of the treated effluent from a wastewater

treatment plant.

 

“Sludge dryer” means any enclosed thermal treatment device that is used to

dehydrate sludge and which has a total thermal input, excluding the heating value of

the sludge itself, of

S

2500

SU

2,500

U

Btu/lb or less of sludge treated on a wet-weight basis.

 

“Small quantity generator” means a generator that generates less than

S

1000

SU

1,000

U

kg

of hazardous waste in a calendar month.

 

“Solid waste” means a solid waste as defined in 35 Ill. Adm. Code 721.102.

 

---

 

87

“Sorbent” means a material that is used to soak up free liquids by either adsorption or

absorption, or both. “Sorb” means to either adsorb or absorb, or both.

 

“Staging pile” means an accumulation of solid, non-flowing “remediation waste”

(as defined in this Section) that is not a containment building and that is used only

during remedial operations for temporary storage at a facility. Staging piles must be

designated by the Agency according to the requirements of 35 Ill. Adm. Code

724.654.

 

“State” means any of the several states, the District of Columbia, the Commonwealth

of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth

of the Northern Mariana Islands.

 

“Storage” means the holding of hazardous waste for a temporary period, at the end of

which the hazardous waste is treated, disposed of, or stored elsewhere.

 

“Sump” means any pit or reservoir that meets the definition of tank and those troughs

or trenches connected to it that serve to collect hazardous waste for transport to

hazardous waste storage, treatment, or disposal facilities; except that, as used in the

landfill, surface impoundment, and waste pile rules, sump means any lined pit or

reservoir that serves to collect liquids drained from a leachate collection and removal

system or leak detection system for subsequent removal from the system.

 

“Surface impoundment” or “impoundment” means a facility or part of a facility that

is a natural topographic depression, manmade excavation, or diked area formed

primarily of earthen materials (although it may be lined with manmade materials)

that is designed to hold an accumulation of liquid wastes or wastes containing free

liquids and which is not an injection well. Examples of surface impoundments are

holding, storage, settling and aeration pits, ponds, and lagoons.

 

“Tank” means a stationary device, designed to contain an accumulation of hazardous

waste that is constructed primarily of nonearthen materials (e.g., wood, concrete,

steel, plastic) that provide structural support.

 

“Tank system” means a hazardous waste storage or treatment tank and its associated

ancillary equipment and containment system.

 

“TEQ” means toxicity equivalence, the international method of relating the

toxicity of various dioxin and furan congeners to the toxicity of 2,3,7,8-tetra-

chlorodibenzo-p-dioxin.

 

“Thermal treatment” means the treatment of hazardous waste in a device that uses

elevated temperatures as the primary means to change the chemical, physical, or

biological character or composition of the hazardous waste. Examples of thermal

treatment processes are incineration, molten salt, pyrolysis, calcination, wet air

oxidation, and microwave discharge. (See also “incinerator” and “open burning.”)

---

 

88

 

“Thermostat” means a temperature control device that contains metallic mercury in

an ampule attached to a bimetal sensing element and mercury-containing ampules

that have been removed from such a temperature control device in compliance with

the requirements of 35 Ill. Adm. Code 733.113(c)(2) or 733.133(c)(2).

 

“Totally enclosed treatment facility” means a facility for the treatment of hazardous

waste that is directly connected to an industrial production process and which is

constructed and operated in a manner that prevents the release of any hazardous

waste or any constituent thereof into the environment during treatment. An example

is a pipe in which waste acid is neutralized.

 

“Transfer facility” means any transportation related facility, including loading docks,

parking areas, storage areas, and other similar areas where shipments of hazardous

waste are held during the normal course of transportation.

 

“Transport vehicle” means a motor vehicle or rail car used for the transportation of

cargo by any mode. Each cargo-carrying body (trailer, railroad freight car, etc.) is a

separate transport vehicle.

 

“Transportation” means the movement of hazardous waste by air, rail, highway, or

water.

 

“Transporter” means a person engaged in the off-site transportation of hazardous

waste by air, rail, highway, or water.

 

“Treatability study” means the following:

 

A study in which a hazardous waste is subjected to a treatment process to

determine the following:

 

Whether the waste is amenable to the treatment process;

 

What pretreatment (if any) is required;

 

The optimal process conditions needed to achieve the desired

treatment;

 

The efficiency of a treatment process for a specific waste or wastes;

and

 

The characteristics and volumes of residuals from a particular

treatment process;

 

Also included in this definition for the purpose of 35 Ill. Adm. Code

721.104(e) and (f) exemptions are liner compatibility, corrosion and other

---

 

89

material compatibility studies, and toxicological and health effects studies. A

treatability study is not a means to commercially treat or dispose of

hazardous waste.

 

“Treatment” means any method, technique, or process, including neutralization,

designed to change the physical, chemical, or biological character or composition of

any hazardous waste so as to neutralize the waste, recover energy or material

resources from the waste, or render the waste non-hazardous or less hazardous; safer

to transport, store, or dispose of; or amenable for recovery, amenable for storage, or

reduced in volume.

 

“Treatment zone” means a soil area of the unsaturated zone of a land treatment unit

within which hazardous constituents are degraded, transformed, or immobilized.

 

“Underground injection” means the subsurface emplacement of fluids through a

bored, drilled, or driven well or through a dug well, where the depth of the dug well

is greater than the largest surface dimension. (See also “injection well.”)

 

“Underground tank” means a device meeting the definition of tank whose entire

surface area is totally below the surface of and covered by the ground.

 

“Unfit-for-use tank system” means a tank system that has been determined, through

an integrity assessment or other inspection, to be no longer capable of storing or

treating hazardous waste without posing a threat of release of hazardous waste to the

environment.

 

“United States” means the 50 states, the District of Columbia, the Commonwealth of

Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the

Commonwealth of the Northern Mariana Islands.

 

“Universal waste” means any of the following hazardous wastes that are managed

under the universal waste requirements of 35 Ill. Adm. Code 733:

 

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;

 

Lamps, as described in 35 Ill. Adm. Code 733.105; and

 

Mercury-containing equipment, as described in 35 Ill. Adm. Code

733.106.

BOARD NOTE: Mercury-containing equipment was added pursuant to

Sections 3.283, 3.284, and 22.23b of the Act [415 ILCS 5/

S

.283

SU

3.283

U

,

3.284, and 22.23b] (

S

See

SU

see

U

P.A. 93-964, effective August 20, 2004).

---

 

90

 

“Universal waste handler” means either of the following:

 

A generator (as defined in this Section) of universal waste; or

 

The owner or operator of a facility, including all contiguous property, that

receives universal waste from other universal waste handlers, accumulates

the universal waste, and sends that universal waste to another universal waste

handler, to a destination facility, or to a foreign destination.

 

“Universal waste handler” does not mean either of the following:

 

A person that treats (except under the provisions of Section

733.113(a) or (c) or 733.133(a) or (c)), disposes of, or recycles

universal waste; or

 

A person engaged in the off-site transportation of universal waste by

air, rail, highway, or water, including a universal waste transfer

facility.

 

“Universal waste transporter” means a person engaged in the off-site transportation

of universal waste by air, rail, highway, or water.

 

“Unsaturated zone” or “zone of aeration” means the zone between the land surface

and the water table.

 

“Uppermost aquifer” means the geologic formation nearest the natural ground

surface that is an aquifer, as well as lower aquifers that are hydraulically

interconnected with this aquifer within the facility’s property boundary.

 

“USDOT” or “Department of Transportation” means the United States Department

of Transportation.

 

“Used oil” means any oil that has been refined from crude oil, or any synthetic oil,

that has been used and as a result of such use is contaminated by physical or

chemical impurities.

 

“USEPA” or “EPA” or “U.S. EPA” means the United States Environmental

Protection Agency.

 

“Vessel” includes every description of watercraft used or capable of being used as a

means of transportation on the water.

 

“Wastewater treatment unit” means a device of which the following is true:

 

It is part of a wastewater treatment facility that has an NPDES permit

---

 

91

pursuant to 35 Ill. Adm. Code 309 or a pretreatment permit or authorization

to discharge pursuant to 35 Ill. Adm. Code 310;

S

and

S

 

It receives and treats or stores an influent wastewater that is a hazardous

waste as defined in 35 Ill. Adm. Code 721.103, or generates and accumulates

a wastewater treatment sludge that is a hazardous waste as defined in 35 Ill.

Adm. Code 721.103, or treats or stores a wastewater treatment sludge that is

a hazardous waste as defined in 35 Ill. Adm. Code 721.103; and

 

It meets the definition of tank or tank system in this Section.

 

“Water (bulk shipment)” means the bulk transportation of hazardous waste that is

loaded or carried on board a vessel without containers or labels.

 

“Well” means any shaft or pit dug or bored into the earth, generally of a cylindrical

form, and often walled with bricks or tubing to prevent the earth from caving in.

 

“Well injection” (See “underground injection.”)

 

“Zone of engineering control” means an area under the control of the owner or

operator that, upon detection of a hazardous waste release, can be readily cleaned up

prior to the release of hazardous waste or hazardous constituents to groundwater or

surface water.

 

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

 

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:

 

a) 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

U

, referenced in 35 Ill. Adm.

Code 724.673 and 725.543

U

.

 

ANSI. Available from the American National Standards Institute, 1430

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

 

S

ANSI B31.3 and B31.4.

S

See ASME/ANSI B31.3 and B31.4

U

and

supplements below in this subsection (a) under ASME

U

.

---

 

92

 

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

U

, referenced in 35 Ill. Adm. Code 724.292,

724.295, 725.292, and 725.295

U

.

 

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

S

Publication

SU

publication

U

2517, Third Edition, February 1989

U

,

USEPA-approved for 35 Ill. Adm. Code 725.984

U

.

 

“Guide for Inspection of Refinery Equipment,

U

”

U

Chapter XIII,

U

“

U

Atmospheric and Low Pressure Storage Tanks,” 4th Edition,

1981, reaffirmed December 1987

U

, referenced in 35 Ill. Adm. Code

724.291, 724.293, 725.291, and 725.292

U

.

 

“Installation of Underground Petroleum Storage Systems,” API

Recommended Practice 1615, Fourth Edition, November 1987

U

,

referenced in 35 Ill. Adm. Code 724.292

U

.

 

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

U

,

referenced in 35 Ill. Adm. Code 724.292 and 725.292

U

. 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

U

,

referenced in 35 Ill. Adm. Code 724.292 and 725.292

U

. 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,

U

“

U

Standard Specification for Ready-Mixed

Concrete,

U

”

U

approved March 30, 1990

U

, referenced in 35 Ill. Adm.

Code 724.673 and 725.543

U

.

 

ASTM D 88-87,

U

“

U

Standard Test Method for Saybolt Viscosity,

U

”

U

 

U

approved

U

April 24, 1981, reapproved January 1987

U

, referenced in

35 Ill. Adm. Code 726.200

U

.

---

 

93

 

ASTM D 93-85,

U

“

U

Standard Test Methods for Flash Point by

Pensky-Martens Closed Tester,

U

”

U

approved October 25, 1985

U

,

USEPA-approved for 35 Ill. Adm. Code 721.121

U

.

 

ASTM D 140-70,

U

“

U

Standard Practice for Sampling Bituminous

Materials,

U

”

U

approved 1970

U

, referenced in Appendix A to 35 Ill.

Adm. Code 721

U

.

 

ASTM D 346-75,

U

“

U

Standard Practice for Collection and

Preparation of Coke Samples for Laboratory Analysis,

U

”

U

approved

1975

U

, referenced in Appendix A to 35 Ill. Adm. Code 721

U

.

 

ASTM D 420–69,

U

“

U

Guide to Site Characterization for Engineering,

Design, and Construction Purposes,

U

”

U

approved 1969

U

, referenced in

Appendix A to 35 Ill. Adm. Code 721

U

.

 

ASTM D 1452–65,

U

“

U

Standard Practice for Soil Investigation and

Sampling by Auger Borings,

U

”

U

approved 1965

U

, referenced in

Appendix A to 35 Ill. Adm. Code 721

U

.

 

ASTM D 1946-90,

U

“

U

Standard Practice for Analysis of Reformed

Gas by Gas Chromatography,

U

”

U

approved March 30, 1990

U

, USEPA-

approved for 35 Ill. Adm. Code 724.933 and 725.933

U

.

 

ASTM D 2161-87,

U

“

U

Standard Practice for Conversion of

Kinematic Viscosity to Saybolt Universal or to Saybolt Furol

Viscosity,

U

”

U

March 27, 1987

U

, referenced in 35 Ill. Adm. Code

726.200

U

.

 

ASTM D 2234-76,

U

“

U

Standard Practice for Collection of a Gross

Sample of Coal,

U

”

U

approved 1976

U

, referenced in Appendix A to 35

Ill. Adm. Code 721

U

.

 

ASTM D 2267-88,

U

“

U

Standard Test Method for Aromatics in Light

Naphthas and Aviation Gasolines by Gas Chromatography,

U

”

U

 

approved November 17, 1988

U

, USEPA-approved for 35 Ill. Adm.

Code 724.963

U

.

 

ASTM D 2382-88,

U

“

U

Standard Test Method for Heat of Combustion

of Hydrocarbon Fuels by Bomb Calorimeter (High Precision

Method),

U

”

U

approved October 31, 1988

U

, USEPA-approved for 35

Ill. Adm. Code 724.933 and 725.933

U

.

 

ASTM D 2879-92,

U

“

U

Standard Test Method for Vapor Pressure-

Temperature Relationship and Initial Decomposition Temperature

---

 

94

of Liquids by Isoteniscope,

U

”

U

approved 1992

U

, USEPA-approved for

35 Ill. Adm. Code 725.984, referenced in 35 Ill. Adm. Code

724.963 and 725.963

U

.

 

ASTM D 3828-87,

U

“

U

Standard Test Methods for Flash Point of

Liquids by Setaflash Closed Tester,

U

”

U

approved December 14,

1988

U

, USEPA-approved for 35 Ill. Adm. Code 721.121(a)

U

.

 

ASTM E 168-88,

U

“

U

Standard Practices for General Techniques of

Infrared Quantitative Analysis,

U

”

U

approved May 27, 1988

U

, USEPA-

approved for 35 Ill. Adm. Code 724.963

U

.

 

ASTM E 169-87,

U

“

U

Standard Practices for General Techniques of

Ultraviolet-Visible Quantitative Analysis,

U

”

U

approved February 1,

1987

U

, USEPA-approved for 35 Ill. Adm. Code 724.963

U

.

 

ASTM E 260-85,

U

“

U

Standard Practice for Packed Column Gas

Chromatography,

U

”

U

approved June 28, 1985

U

, USEPA-approved for

35 Ill. Adm. Code 724.963

U

.

 

ASTM Method G 21-70 (1984a),

U

“

U

Standard Practice for

Determining Resistance of Synthetic Polymer Materials to Fungi.

U

”,

referenced in 35 Ill. Adm. Code 724.414 and 725.414.

U

 

ASTM Method G 22-76 (1984b),

U

“

U

Standard Practice for

Determining Resistance of Plastics to Bacteria.

U

”, referenced in 35

Ill. Adm. Code 724.414 and 725.414.

U

 

S

MICE. Methods Information Communication Exchange Service, 703-

821-4690:

 

S

“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

U

, referenced in 35 Ill. Adm. Code

702.110 and Section 720.110

U

.

 

“Test Methods for Evaluating Solid Waste, Physical/Chemical

Methods,” USEPA

S

Publication

SU

publication

U

number

U

EPA-530/

U

SW-

846 (Third Edition, November 1986), as amended by Updates I

(July 1992), II (September 1994), IIA (August, 1993), IIB (January

---

 

95

1995),

S

and

S

III (December 1996)

U

, IIIA (April 1998), and IIIB

(November 2004)

U

(document number 955-001-00000-1).

U

See

below in this subsection (a) under NTIS.

U

 

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

S

RP-02-85

SU

RP0285-85

U

, approved March

1985

U

, referenced in 35 Ill. Adm. Code 724.292, 724.295, 725.292,

and 725.295

U

.

 

NFPA. Available from the National Fire Protection Association,

U

1

U

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

 

“Flammable and Combustible Liquids Code,” NFPA 30, issued

S

 

July 17, 1987

SU

July 18, 2003, as supplemented by TIA 03-1, issued

July 15, 2004, and corrected by Errata 30-03-01, issued August 13,

2004, USEPA-approved for 35 Ill. Adm. Code 724.298 and

725.298, referenced in 35 Ill. Adm. Code 724.298 and 726.211

U

.

S

  

Also available from ANSI.

S

 

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

U

(Internet address: www.ntis.gov)

U

:

 

U

“

U

APTI Course 415: Control of Gaseous Emissions,

U

”

U

 

U

December

1981, USEPA publication number 450/2-81-005, NTIS document

number

U

PB80-208895,

S

December 1981

SU

USEPA-approved for 35

Ill. Adm. Code 703.210, 703.211, 724.935, and 725.935

U

.

U

BOARD NOTE: “APTI” denotes USEPA’s “Air Pollution

Training Institute” (Internet address:

www.epa.gov/air/oaqps/eog/).

 

“Generic Quality Assurance Project Plan for Land Disposal

Restrictions Program,”

S

EPA/530-SW-87-011

SU

USEPA publication

number EPA-530/SW-87-011

U

, March 15, 1987

U

,

U

 

S

(

S

U

NTIS

U

document

number PB88-170766

S

)

SU

, referenced in 35 Ill. Adm. Code 728.106

U

.

 

S

“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

S

164,

SU

1664,

U

Revision A, n-Hexane Extractable Material

(HEM; Oil and Grease) and Silica Gel Treated n-Hexane

---

 

96

Extractable Material (SGT-HEM; Non-polar Material) by

Extraction and Gravimetry

U

,

U

”

S

(

SU

USEPA publication number EPA-

821/R-98-002, NTIS

U

document number PB99-121949

S

)

S

U

, USEPA-

approved for Appendix I to 35 Ill. Adm. Code 721

U

.

U

BOARD NOTE: EPA-821/R-98-002 is also available on the

Internet for free download as a PDF document from the USEPA

website at: www.epa.gov/waterscience/methods/16640514.pdf.

 

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

Edition, March 1983

U

, USEPA document number EPA-600/4-79-

020,

U

 

S

(

SU

NTIS

U

document number PB84-128677

S

)

S

U

, referenced in 35 Ill.

Adm. Code 725.192

U

.

U

BOARD NOTE: EPA-600/4-79-002 is also available on the

Internet as a viewable/printable HTML document from the USEPA

website at: www.epa.gov/clariton/clhtml/pubtitleORD.html as

document 600479002.

 

S

“Methods Manual for Compliance with BIF Regulations,”

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

 

U

“Procedures Manual for Ground Water Monitoring at Solid Waste

Disposal Facilities,” August 1977, EPA-530/SW-611, NTIS

document number PB84-174820, referenced in 35 Ill. Adm. Code

725.192.

 

“Screening Procedures for Estimating the Air Quality Impact of

Stationary Sources,” October 1992,

U

USEPA

U

publication number

S

 

EPA-450/R-92-019

SU

EPA-454/R-92-019, NTIS document number

93-219095, referenced in 35 Ill. Adm. Code 726.204 and 726.206

U

.

U

BOARD NOTE: EPA-454/R-92-019 is also available on the

Internet for free download as a WordPerfect document from the

USEPA website at following Internet address:

www.epa.gov/scram001/guidance/guide/scrng.wpd.

 

“Test Methods for Evaluating Solid Waste, Physical/Chemical

Methods,” USEPA

S

Publication

SU

publication

U

number

U

EPA-530/

U

SW-

846 (Third Edition, November 1986

U

; Revision 6, January 2005

U

), as

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

(August 1993), IIB (January 1995), III (December 1996),

S

and

S

IIIA

(April 1998)

U

, and IIIB (November 2004)

U

(document number 955-

001-00000-1)

S

.

SU

, generally referenced in Appendices A and I to 35

Ill. Adm. Code 721 and 35 Ill. Adm. Code 726.200, 726.206,

726.212, and 728.106 (in addition to the references cited below for

specific methods):

U

  

 

U

Method 0010 (September 1986) (Modified Method 5

---

 

97

Sampling Train), USEPA-approved for Appendix I to 35

Ill. Adm. Code 721.

 

U

Method 0011 (December 1996) (Sampling for Selected

Aldehyde and Ketone Emissions from Stationary Sources),

USEPA-approved for Appendix I to 35 Ill. Adm. Code 721

and for Appendix I to 35 Ill. Adm. Code 726.

 

U

Method 0020 (September 1986) (Source Assessment

Sampling System), USEPA-approved for Appendix I to 35

Ill. Adm. Code 721.

 

U

Method 0023A (December 1996) (Sampling Method for

Polychlorinated Dibenzo-p-Dioxins and Polychlorinated

Dibenzofuran Emissions from Stationary Sources),

USEPA-approved for Appendix I to 35 Ill. Adm. Code 721,

Appendix I to 35 Ill. Adm. Code 726, and 35 Ill. Adm.

Code 726.204.

 

U

Method 0030 (September 1986) (Volatile Organic

Sampling Train), USEPA-approved for Appendix I to 35

Ill. Adm. Code 721.

 

U

Method 0031 (December 1996) (Sampling Method for

Volatile Organic Compounds (SMVOC)), USEPA-

approved for Appendix I to 35 Ill. Adm. Code 721.

 

U

Method 0040 (December 1996) (Sampling of Principal

Organic Hazardous Constituents from Combustion Sources

Using Tedlar

UP

U

®

U

P

U

Bags), USEPA-approved for Appendix I to

35 Ill. Adm. Code 721.

 

U

Method 0050 (December 1996) (Isokinetic HCl/Cl

UB

U

2

U

B

 

U

Emission Sampling Train), USEPA-approved for Appendix

I to 35 Ill. Adm. Code 721, Appendix I to 35 Ill. Adm.

Code 726, and 35 Ill. Adm. Code 726.207.

 

U

Method 0051 (December 1996) (Midget Impinger HCl/Cl

UB

U

2

U

B

 

U

Emission Sampling Train), USEPA-approved for Appendix

I to 35 Ill. Adm. Code 721, Appendix I to 35 Ill. Adm.

Code 726, and 35 Ill. Adm. Code 726.207.

 

U

Method 0060 (December 1996) (Determination of Metals

in Stack Emissions), USEPA-approved for Appendix I to

35 Ill. Adm. Code 721, Appendix I to 35 Ill. Adm. Code

726, and 35 Ill. Adm. Code 726.206.

---

 

98

 

U

Method 0061 (December 1996) (Determination of

Hexavalent Chromium Emissions from Stationary

Sources), USEPA-approved for Appendix I to 35 Ill. Adm.

Code 721, 35 Ill. Adm. Code 726.206, and Appendix I to

35 Ill. Adm. Code 726.

 

U

Method 1010A (November 2004) (Test Methods for Flash

Point by Pensky-Martens Closed Cup Tester), USEPA-

approved for Appendix I to 35 Ill. Adm. Code 721.

 

U

Method 1020B (November 2004) (Standard Test Methods

for Flash Point by Setaflash (Small Scale) Closed-cup

Apparatus), USEPA-approved for Appendix I to 35 Ill.

Adm. Code 721.

 

U

Method 1110A (November 2004) (Corrosivity Toward

Steel), USEPA-approved for 35 Ill. Adm. Code 721.122

and Appendix I to 35 Ill. Adm. Code 721.

 

U

Method 1310B (November 2004) (Extraction Procedure

(EP) Toxicity Test Method and Structural Integrity Test),

USEPA-approved for Appendix I to 35 Ill. Adm. Code 721

and referenced in Appendix I to 35 Ill. Adm. Code 728.

 

U

Method 1311 (September 1992) (Toxicity Characteristic

Leaching Procedure), USEPA-approved for Appendix I to

35 Ill. Adm. Code 721; for 35 Ill. Adm. Code 721.124,

728.107, and 728.140; and for Table T to 35 Ill. Adm. Code

728.

 

U

Method 1312 (September 1994) (Synthetic Precipitation

Leaching Procedure), USEPA-approved for Appendix I to

35 Ill. Adm. Code 721.

 

U

Method 1320 (September 1986) (Multiple Extraction

Procedure), USEPA-approved for Appendix I to 35 Ill.

Adm. Code 721.

 

U

Method 1330A (September 1992) (Extraction Procedure

for Oily Wastes), USEPA-approved for Appendix I to 35

Ill. Adm. Code 721.

 

U

Method 9010C (November 2004) (Total and Amenable

Cyanide: Distillation), USEPA-approved for Appendix I to

35 Ill. Adm. Code 721 and 35 Ill. Adm. Code 728.140,

---

 

99

728.144, and 728.148, referenced in Table H to 35 Ill.

Adm. Code 728.

 

U

Method 9012B (November 2004) (Total and Amenable

Cyanide (Automated Colorimetric, with Off-Line

Distillation)), USEPA-approved for Appendix I to 35 Ill.

Adm. Code 721 and 35 Ill. Adm. Code 728.140, 728.144,

and 728.148, referenced in Table H to 35 Ill. Adm. Code

728.

 

U

Method 9040C (November 2004) (pH Electrometric

Measurement), USEPA-approved for 35 Ill. Adm. Code

721.122 and Appendix I to 35 Ill. Adm. Code 721.

 

U

Method 9045D (November 2004) (Soil and Waste pH),

USEPA-approved for Appendix I to 35 Ill. Adm. Code 721.

 

U

Method 9060A (November 2004) (Total Organic Carbon),

USEPA-approved for Appendix I to 35 Ill. Adm. Code 721

and 35 Ill. Adm. Code 724.934, 724.963, 725.934, and

725.963.

 

U

Method 9070A (November 2004) (n-Hexane Extractable

Material (HEM) for Aqueous Samples), USEPA-approved

for Appendix I to 35 Ill. Adm. Code 721.

 

U

Method 9071B (April 1998) (n-Hexane Extractable

Material (HEM) for Sludge, Sediment, and Solid Samples),

USEPA-approved for Appendix I to 35 Ill. Adm. Code 721.

 

U

Method 9095B (November 2004) (Paint Filter Liquids

Test), USEPA-approved for Appendix I to 35 Ill. Adm.

Code 721 and 35 Ill. Adm. Code 724.290, 724.414,

725.290, 725.414, 725.981, and 728.132.

 

U

BOARD NOTE: EPA-530/SW-846 is also available on the

Internet for free download in segments in PDF format from the

USEPA website at: www.epa.gov/SW-846.

 

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

U

“

U

Amber List of Wastes,

U

”

U

Appendix 4 to the OECD Council

---

 

100

Decision

S

C(92)39/FINAL

SU

C(92)39(Final)

U

(March 30, 1992

U

,

revised May 1993

U

)

U

(Concerning the Control of Transfrontier

Movements of Wastes Destined for Recovery Operations)

U

,

S

“Decision of the Council Concerning the Control of Transfrontier

Movements of Wastes Destined for Recovery

Operations.”

S

U

USEPA-approved for 35 Ill. Adm. Code 722.189,

referenced in 35 Ill. Adm. Code 722.181.

U

  

 

U

OECD “Amber Tier,” Section IV of the annex to the OECD

Council Decision C(92)39(Final) (Concerning the Control of

Transfrontier Movements of Wastes Destined for Recovery

Operations) (revised May 1993), referenced in 35 Ill. Adm. Code

722.181.

 

U

Annex to OECD Council Decision C(88)90(Final), as amended by

C(94)152/FINAL (revised July 1994), referenced in 35 Ill. Adm.

Code 722.187.

 

OECD

U

“

U

Green List of Wastes,

U

”

U

Appendix 3 to the OECD Council

Decision

S

C(92)39/FINAL

SU

C(92)39(Final)

U

(March 30, 1992

U

,

revised May 1994

U

)

U

(Concerning the Control of Transfrontier

Movements of Wastes Destined for Recovery Operations))

U

,

S

“Decision of the Council Concerning the Control of Transfrontier

Movements of Wastes Destined for Recovery

Operations.”

S

U

USEPA-approved for 35 Ill. Adm. Code 722.189,

referenced in 35 Ill. Adm. Code 722.181.

U

  

 

U

OECD “Green Tier,” Section III of the annex to the OECD

Council Decision C(92)39(Final) (Concerning the Control of

Transfrontier Movements of Wastes Destined for Recovery

Operations) (revised May 1993), referenced in 35 Ill. Adm. Code

722.181.

 

OECD Guideline for Testing of Chemicals, “Ready

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

B

2

B

Evolution

(Modified Sturm Test)

S

.

SU

,

U

”

U

referenced in 35 Ill. Adm. Code 724.414.

U

  

 

OECD

U

“

U

Red List of Wastes,

U

”

U

Appendix 5 to the OECD Council

Decision

S

C(92)39/FINAL

SU

C(92)39(Final)

U

(March 30, 1992

U

,

revised revised May 1993

U

),

S

“Decision of the Council Concerning

the Control of Transfrontier Movements of Wastes Destined for

Recovery Operations.”

S

U

USEPA-approved for 35 Ill. Adm. Code

722.189, referenced in 35 Ill. Adm. Code 722.181.

U

  

 

U

OECD “Red Tier,” Section V of the annex to the OECD Council

Decision C(92)39(Final) (Concerning the Control of Transfrontier

---

 

101

Movements of Wastes Destined for Recovery Operations) (revised

May 1993), referenced in 35 Ill. Adm. Code 722.181.

 

Table 2.B of the Annex of OECD Council Decision

C(88)90(Final) (May 27, 1988), amended by C(94)152(Final) (July

28, 1994), “Decision of the Council on Transfrontier Movements

of Hazardous Wastes

U

,

U

”

U

referenced in 35 Ill. Adm. Code 722.181

and 722.187

U

.

 

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

Northbrook, IL 60062, 708-498-1980:

 

“Standard for Dual Wall Underground Steel Storage Tanks”

(1986)

U

, referenced in 35 Ill. Adm. Code 724.293

U

.

 

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

U

, referenced in 35 Ill. Adm.

Code 726.305

U

.

 

U

“

U

The Motor Vehicle Inspection Report

U

”

U

(DD Form 626), as in

effect on November 8, 1995

U

, referenced in 35 Ill. Adm. Code

726.303

U

.

 

U

“

U

Requisition Tracking Form

U

”

U

(DD Form 1348), as in effect on

November 8, 1995

U

, referenced in 35 Ill. Adm. Code 726.303

U

.

 

U

“

U

The Signature and Tally Record

U

”

U

(DD Form 1907), as in effect on

November 8, 1995

U

, referenced in 35 Ill. Adm. Code 726.303

U

.

 

U

“

U

Special Instructions for Motor Vehicle Drivers

U

”

U

(DD Form 836),

as in effect on November 8, 1995

U

, referenced in 35 Ill. Adm. Code

726.303

U

.

 

USEPA

U

, Office of Drinking Water

U

. 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,”

S

EPA 570/9-87-002

S

U

USEPA

publication number EPA-570/9-87-002

U

, August 1987

U

, referenced

in 35 Ill. Adm. Code 730.165

U

.

 

USEPA

U

, Receptor Analysis Branch

U

. Available from Receptor Analysis

Branch, USEPA (MD-14), Research Triangle Park, NC 27711:

---

 

102

 

S

“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,

U

USEPA

U

publication

number

S

EPA-450/R-92-019

SU

EPA-454/R-92-019, USEPA-approved

for Appendix I to 35 Ill. Adm. Code 726

U

.

U

BOARD NOTE: EPA-454/R-92-019 is also available for purchase

from NTIS (see above) and on the Internet for free download as a

WordPerfect document from the USEPA website at following

Internet address:

www.epa.gov/scram001/guidance/guide/scrng.wpd.

 

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

U

, referenced in Section 720.122

U

.

 

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

U

, referenced in Section 726.303

U

.

 

b) 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

S

(2004)

SU

(2005) (Transfer for Disposal and Manifests),

referenced in 35 Ill. Adm. Code 702.110, 726.425, and 726.450.

U

  

 

U

Table II, column 2 in Appendix B to

U

10 CFR 20

S

, Appendix B (2004)

S

U

 

(2005) (Water Effluent Concentrations), referenced in 35 Ill. Adm. Code

702.110, 730.103, and 730.151.

U

 

U

Appendix G to 10 CFR 20 (2005) (Requirements for Transfers of Low-

Level Radioactive Waste Intended for Disposal at Licensed Land Disposal

Facilities and Manifests), referenced in 35 Ill. Adm. Code 726.440.

 

10 CFR 71

S

(2004)

SU

(2005) (Packaging and Transportation of Radioactive

Material), referenced generally in 35 Ill. Adm. Code 726.430.

U

  

 

U

10 CFR 71.5 (2005) (Transportation of Licensed Material), referenced in

35 Ill. Adm. Code 726.425.

---

 

103

 

U

33 CFR 153.203 (2005) (Procedure for the Notice of Discharge),

referenced in 35 Ill. Adm. Code 723.130 and 739.143.

 

40 CFR 51.100(ii)

S

(2004)

SU

(2005) (Definitions), referenced in 35 Ill. Adm.

Code 726.200.

U

  

 

U

Appendix W to

U

40 CFR 51

S

, Appendix W (2004)

S

U

(2005) (Guideline on Air

Quality Models), referenced in 35 Ill. Adm. Code 726.204.

U

BOARD NOTE: Also available from NTIS (see above for contact

information) as “Guideline on Air Quality Models,” Revised 1986,

USEPA publication number EPA-450/12-78-027R, NTIS document

numbers PB86-245248 (Guideline) and PB88-150958 (Supplement).

 

U

Appendix B to

U

40 CFR 52.741

S

, Appendix B (2004)

SU

(2005) (VOM

Measurement Techniques for Capture Efficiency), referenced in 35 Ill.

Adm. Code 703.213, 724.982, 724.984, 724.986, 724.989, 725.983,

725.985, 725.987, and 725.990.

U

  

 

40 CFR 60

S

(2004)

SU

(2005) (Standards of Performance for New Stationary

Sources), referenced generally in 35 Ill. Adm. Code 724.964, 724.980,

725.964, and 725.980.

U

  

 

U

Subpart VV of 40 CFR 60 (2005) (Standards of Performance for

Equipment Leaks of VOC in the Synthetic Organic Chemicals

Manufacturing Industry), referenced in 35 Ill. Adm. Code 724.989 and

725.990.

 

U

Appendix A to 40 CFR 60 (2005) (Test Methods), referenced generally in

35 Ill. Adm. Code 726.205 (in addition to the references cited below for

specific methods):

 

U

Method 1 (Sample and Velocity Traverses for Stationary Sources),

referenced in 35 Ill. Adm. Code 726.205.

 

U

Method 2 (Determination of Stack Gas Velocity and Volumetric

Flow Rate (Type S Pitot Tube)), referenced in 35 Ill. Adm. Code

724.933, 724.934, 725.933, 725.934, and 726.205.

 

U

Method 2A (Direct Measurement of Gas Volume through Pipes

and Small Ducts), referenced in 35 Ill. Adm. Code 724.933,

725.933, and 726.205.

 

U

Method 2B (Determination of Exhaust Gas Volume Flow Rate

from Gasoline Vapor Incinerators), referenced in 35 Ill. Adm.

Code 726.205.

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104

 

U

Method 2C (Determination of Gas Velocity and Volumetric Flow

Rate in Small Stacks or Ducts (Standard Pitot Tube)), referenced in

35 Ill. Adm. Code 724.933, 725.933, and 726.205.

 

U

Method 2D (Measurement of Gas Volume Flow Rates in Small

Pipes and Ducts), referenced in 35 Ill. Adm. Code 724.933,