FIRST DRAFT (5/6/98 by MJM)

ILLINOIS POLLUTION CONTROL BOARD

April 6, 2006

IN THE MATTER OF: )

)

UIC UPDATE, USEPA AMENDMENTS ) R06-16

(July 1, 2005 through December 31, 2005) ) (Identical-in-Substance

) Rulemaking - Land)

RCRA SUBTITLE D UPDATE, USEPA ) R06-17

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

December 31, 2005) ) Rulemaking - Land)

RCRA SUBTITLE C UPDATE, USEPA ) R06-18

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

December 31, 2005 and March 23, 2006) ) Rulemaking - Land)

) (Consolidated)

Proposed Rule. Proposal for Public Comment.

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

SUMMARY OF TODAY’S ACTION

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

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

landfill, and hazardous waste regulations to incorporate revisions to the federal regulations. The

federal amendments that prompted this action were made by the United States Environmental

Protection Agency (USEPA) during the period of July 1, 2005 through December 31, 2005, as

well as March 23, 2006 amendments affecting earlier hazardous waste amendments. This

proceeding proposes amendments to 35 Ill. Adm. Code 702 through 705, 720 through 726, 728,

733, 738, 810, and 811. It further proposes the addition of new 35 Ill. Adm. Code 727. This

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

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

amendments, principally to the text of 35 Ill. Adm. Code 702, 704, and 730.

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

distinct program areas:

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

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

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

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

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

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

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

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

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

These USEPA rules implement Subtitle D of the federal Resource Conservation

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

et seq

. (2003)).

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

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

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

hazardous waste regulations adopted by the USEPA. These USEPA rules

implement Subtitle C of the federal Resource Conservation and Recovery Act of

1976 (RCRA Subtitle C) (42 U.S.C. §§ 6921

et seq

. (2003)). The federal RCRA

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

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

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

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

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

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

cause the proposed amendments to be published in the

Illinois Register

and will hold the docket

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

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

Illinois Register

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER b: PERMITS

PART 702

RCRA AND UIC PERMIT PROGRAMS

SUBPART A: GENERAL PROVISIONS

Section

702.101 Purpose, Scope, and Applicability

702.102 Purpose and Scope (Repealed)Electronic Document Filing

702.103 Confidentiality of

Trade Secret or Non-Disclosable Information Submitted to the

Agency or Board

702.104 References

702.105 Rulemaking

702.106 Adoption of Agency Criteria

702.107 Permit Appeals and Review of Agency Determinations

702.108 Variances and Adjusted Standards

702.109 Enforcement Actions

702.110 Definitions

SUBPART B: PERMIT APPLICATIONS

Section

702.120 Permit Application

702.121 Who Applies

702.122 Completeness

702.123 Information Requirements

702.124 Recordkeeping

702.125 Continuation of Expiring Permits

702.126 Signatories to Permit Applications and Reports

SUBPART C: PERMIT CONDITIONS

Section

702.140 Conditions Applicable to all Permits

702.141 Duty to Comply

702.142 Duty to Reapply

702.143 Need to Halt or Reduce Activity Not a Defense

702.144 Duty to Mitigate

702.145 Proper Operation and Maintenance

702.146 Permit Actions

702.147 Property Rights

702.148 Duty to Provide Information

702.149 Inspection and Entry

702.150 Monitoring and Records

702.151 Signature Requirements

702.152 Reporting Requirements

702.160 Establishing Permit Conditions

702.161 Duration of Permits

702.162 Schedules of Compliance

702.163 Alternative Schedules of Compliance

702.164 Recording and Reporting

SUBPART D: ISSUED PERMITS

Section

702.181 Effect of a Permit

702.182 Transfer

702.183 Modification

702.184 Causes for Modification

702.185 Facility Siting

702.186 Revocation

702.187 Minor Modifications

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 R81-32, 47 PCB 93, at 6 Ill. Reg. 12479, effective May 17, 1982;

amended in R82-19, at 53 PCB 131, 7 Ill. Reg. 14352, effective May 17, 1982; amended in R84-

9 at 9 Ill. Reg. 11926, effective July 24, 1985; amended in R85-23 at 10 Ill. Reg. 13274,

effective July 29, 1986; amended in R86-1 at 10 Ill. Reg. 14083, effective August 12, 1986;

amended in R86-28 at 11 Ill. Reg. 6131, effective March 24, 1987; amended in R87-5 at 11 Ill.

Reg. 19376, effective November 12, 1987; amended in R87-26 at 12 Ill. Reg. 2579, effective

January 15, 1988; amended in R87-29 at 12 Ill. Reg. 6673, effective March 28, 1988; amended

in R87-39 at 12 Ill. Reg. 13083, effective July 29, 1988; amended in R89-1 at 13 Ill. Reg. 18452,

effective November 13, 1989; amended in R89-2 at 14 Ill. Reg. 3089, effective February 20,

1990; amended in R89-9 at 14 Ill. Reg. 6273, effective April 16, 1990; amended in R92-10 at 17

Ill. Reg. 5769, effective March 26, 1993; amended in R93-16 at 18 Ill. Reg. 6918, effective April

26, 1994; amended in R94-5 at 18 Ill. Reg. 18284, effective December 20, 1994; amended in

R95-6 at 19 Ill. Reg. 9913, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 11210,

effective August 1, 1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 532, effective

December 16, 1997; amended in R99-15 at 23 Ill. Reg. 9359, effective July 26, 1999; amended

in R00-11/R01-1 at 24 Ill. Reg. 18585, effective December 7, 2000; amended in R06-16/R06-

17/R06-18 at 30 Ill. Reg. ________, effective ______________________.

SUBPART A: GENERAL PROVISIONS

Section 702.101 Purpose, Scope, and Applicability

a) Coverage.

1) These

The permit regulations of 35 Ill. Adm. Code 702 through 705

include provisions for the following two permit programs:

A) The RCRA (Resource Conservation and Recovery Act) permit

program under pursuant to Title V and Title X of the

Environmental Protection Act [415 ILCS 5/Title V and Title X].

B) The UIC (Underground Injection Control) permit program under

pursuant to Title III and Title X of the Environmental Protection

Act [415 ILCS 5/Title III and Title X].

2) These

The regulations of 35 Ill. Adm. Code 702 through 705 cover basic

permitting requirements (35 Ill. Adm. Code 702, 703, and through 704)

and procedures for processing of permit applications (35 Ill. Adm. Code

705) for the RCRA and UIC permit programs.

3) The regulations of 35 Ill. Adm. Code 702, 703, 704, and through 705 are

derived from 40 CFR 124, 144, and 270.

b) Structure.

1) These

The regulations of 35 Ill. Adm. Code 702 through 705 comprise the

following four Parts:

A) 35 Ill. Adm. Code 702 This Part contains definitions applicable to

35 Ill. Adm. Code 702, 703, 704, and through 705. It also contains

basic permitting requirements for the RCRA and UIC programs.

B) The permit regulations of 35 Ill. Adm. Code 703 contains contain

requirements specific to RCRA permits. In case of inconsistency

between 35 Ill. Adm. Code 702 and 703, 35 Ill. Adm. Code 703

will control.

C) The permit regulations of 35 Ill. Adm. Code 704 contains contain

requirements specific to UIC permits. In case of inconsistency

between 35 Ill. Adm. Code 702 and 704, 35 Ill. Adm. Code 704

will control.

D) The permit regulations of 35 Ill. Adm. Code 705 establishes

establish procedures for issuance of RCRA and UIC permits by the

Agency of RCRA and UIC permits.

2) 35 Ill. Adm. Code 702, 703, and 704 are organized into subparts. The

structure and coverage of these Parts is 35 Ill. Adm. Code 702 through 704

are indicated in the following table:

RCRA AND

UIC

35 Ill. Adm.

CODE Code

702,

SUBPART

Subpart

RCRA

35 Ill. Adm.

CODE Code

703,

SUBPART

Subpart

UIC

35 Ill. Adm.

CODE Code

704

SUBPART

Subpart

General A A A

Prohibitions ---- B B

Authorization by Rule ---- C C

Permit Application B D and E D

Special Forms of

Permits

----

E ----

Permit Conditions C F E

Issued Permits D ---- ----H

Permit Modification ----

G ----

Remedial Action Plans ----

H ----

Integration with MACT

Standards

----

I ----

RCRA Standardized

Permits

----

J ----

Requirements

---- ---- F

Applicable to

Hazardous Waste

Injection Wells

Financial Responsibility

for Class I

Hazardous Waste

Injection Wells

---- ----

Requirements

Applicable to Class

V Injection Wells

---- ----

c) Relation to Other Requirements.

1) Permit Application Forms. Applicants An applicant for a RCRA or UIC

permits and persons permit, or a person seeking interim status under

RCRA, must submit their applications its application on an Agency permit

application forms form when such is available.

2) Technical Regulations. The Each of the two permit programs that are

covered in these permit regulations each have has separate additional

regulations that contain technical requirements for those programs that

program. These separate regulations are used by the Agency to determine

what the requirements that must be placed in permits if they are issued any

permit that it issues. These separate regulations are located as follows:

RCRA 35 Ill. Adm. Code 720 through 726, 728, 733, and

739

UIC 35 Ill. Adm. Code 730 and 738

BOARD NOTE: Derived in significant part from 40 CFR 144.1 (1993) and 270.1 (1992) (2005).

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

Section 702.102 Purpose and Scope (Repealed)Electronic Document Filing

The filing of any document pursuant to any provision of this Part as an electronic document is

subject to 35 Ill. Adm. Code 720.104.

BOARD NOTE: Derived from 40 CFR 3 and 145.11(a)(33), as added, and 40 CFR 271.12(h)

(2005), as amended at 70 Fed. Reg. 59848 (Oct. 13, 2005).

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

Section 702.103 Confidentiality of Trade Secret or Non-Disclosable Information Submitted

to the Agency or Board

a) In accordance with Section 7 of the Environmental Protection Act [415 ILCS

5/7], and as federally required by 40 CFR 2, a person submitting certain

information submitted to the Agency or Board pursuant to these regulations may

be claimed claim that information as confidential by the submitter trade secret or

non-disclosable information. Any such claim of trade secret or non-disclosable

information must be asserted at the time of submission in the manner prescribed

by 35 Ill. Adm. Code 101.Subpart D and 120 130. If no claim is made at the time

of submission, the Agency or Board may make the information available to the

public without further notice. If a claim is asserted, the information will be

treated in accordance with 35 Ill. Adm. Code 120 130 and Board and Agency

procedures.

b) Claims of confidentiality trade secret or non-disclosable information for the

following information will be denied:

1) The name and address of any permit applicant or permittee;

2) The identity of substances being placed or to be placed in landfills or

hazardous waste treatment, storage, or disposal facilities.; and

3) For UIC permits, information that deals with the existence, absence, or

level of contaminants in drinking water.

BOARD NOTE: Derived from 40 CFR 144.5 (1993) and 270.12 (1992) (2005).

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

Section 702.104 References

The centralized incorporation by reference provisions of 35 Ill. Adm. Code 720.111 includes

include the incorporation of all sources incorporated documents by reference for that are used to

establish compliance with the requirements of the Illinois RCRA and UIC programs.

BOARD NOTE: This Section corresponds with 40 CFR 270.6 (2005).

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

Section 702.105 Rulemaking

a) Identical-in-Substance Regulations.

1) Generally applicable federal rules. Twice each year, the Board reserves

identical-in-substance rulemaking dockets pursuant to Sections 7.2, 13(c),

and 22.4(a) of the Act [415 ILCS 5/7.2, 13(c), and 22.4(a)],. The Board’s

intent is generally to include all federal RCRA or UIC amendments that

occurred in either the appropriate of the prior concluded update periods of

January 1 through June 30 or July 1 through December 31 of each

calendar year. The Board reviews the federal actions that occurred in the

period of interest and includes those that require Board action in the

reserved docket. The Board itself initiates proposed any necessary

amendments to the RCRA or UIC program if any are made necessary, so

no person needs to file a rulemaking proposal is necessary for the included

amendments. The Board does excludes from these identical-in-substance

proposals those federal amendments that pertain to facilities or activities

that exist or occur outside Illinois.

2) The Board does not generally include site-specific federal amendments in

an identical-in-substance rulemaking proposal without a request from a

member of the regulated community. The owner or operator of a facility

subject to a site-specific federal rule that wishes the Board to incorporate

that rule into the Illinois regulations should submit a request to the Clerk

of the Board for inclusion of that site-specific rule in a future identical-in-

substance rulemaking proposal. For any other identical-in-substance

rulemaking actions, any Any person wishing such inclusion may petition

the Board to adopt appropriate amendments to the Illinois RCRA or UIC

program pursuant to Sections 7.2 and 13(c) and or 22.4(a) of the Act rules

that are identical in substance to federal amendments or regulations

pertinent to the Illinois RCRA or UIC program or permit issuance [415

ILCS 5/7.2, 13(c), and 22.4(a)]. The petition shall must take the form of a

proposal for rulemaking pursuant to 35 Ill. Adm. Code 101 and 102. The

proposal shall must include a listing of all amendments of interest to the

petitioner together with copies of the Federal Register notices on which

the amendments are to be based.

b) Other Regulations. With respect to the Illinois RCRA or UIC program or permit

issuance, any person may petition the Board to adopt amendments or additional

regulations that are not identical in substance to federal regulations. Such

proposal shall must conform to 35 Ill. Adm. Code 101 and 102, and Title VII and

Sections 13(d), 22.4(b), and 22.4(c), and Title VII of the Act [415 ILCS 5/13(d),

22.4(b), and (c) and Title VII].

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

Section 702.106 Adoption of Agency Criteria

a) The purpose of this section is to authorize the Agency to publish may, in its sole

discretion, adopt criteria that will give guidance to the public as to what it will

approve in RCRA and UIC permit applications and as to what conditions it will

impose in permit issuance. The statutory authority for the Agency adopting such

criteria is the Agency’s authority to issue permits pursuant to Sections 4 and 39 of

the Act [415 ILCS 5/4 and 39], and the requirement of the Administrative

Procedure Act [5 ILCS 100] that agencies codify as rules those policies or

interpretations of general applicability that affect persons outside the agency as

rules.

b) With respect to review of permit applications and establishment of permit

conditions, the Agency shall must adopt as criteria any policies and

interpretations of general applicability affecting that affect persons outside the

Agency.

c) Any criteria that are adopted shall the Agency adopts must include each of the

following:

1) Clear references to related provisions of the Act and Board regulations;

2) A statement that the criteria are not Board regulations;

3) A statement that the criteria apply only to review of permit applications

and establishment of conditions; and

4) Procedures to be followed if an applicant wishes to deviate from Agency

criteria.

d) For purposes of permit issuance, proof of compliance with Agency-adopted

criteria is prima facie proof of compliance with related provisions of the

appropriate Act and Board regulations. However, persons other than the Agency

may challenge Agency-adopted criteria as applied in the context of permit

issuance.

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

Section 702.107 Permit Appeals and Review of Agency Determinations

Unless the contrary intention is indicated, all actions taken by the Agency under pursuant to 35

Ill. Adm. Code 702 through 704, 721 through 726, 728, 730, or 733, 738, or 739 are to be done

as part of an original permit application or a proceeding for modification of an issued permit.

Such actions are subject to the procedural requirements of 35 Ill. Adm. Code 705.

a) Any final Agency action on an original permit application, or a proceeding for

modification of an issued permit, or any action for review of a final Agency

determination required by these regulations, may be appealed to the Board

pursuant to Title X of the Environmental Protection Act [415 ILCS 5/Title X] and

35 Ill. Adm. Code 105 and 705.212.

Bb) Other actions that are not required by these regulations, whether undertaken by

the Agency gratuitously or pursuant to a statutory authorization, such as one taken

to enforce a bond, insurance policy, or similar instrument of a contractual nature

or one intended to guide a regulated person in seeking compliance with the

regulations, are not necessarily may not be permit modifications reviewable by

the Board. The affected person may seek review of those determinations an

Agency determination that is not a permit determination in any court of

competent jurisdiction.

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

Section 702.108 Variances and Adjusted Standards

a) The Agency has no authority to issue any permit that is inconsistent with Board

regulations. If an applicant seeks a permit that would authorize actions which that

are inconsistent with Board regulations, including delayed compliance dates, the

applicant should file for either of the following two forms of relief:

1) A petition for a variance pursuant to Title IX of the Environmental

Protection Act (Act) [415 ILCS 5/Title IX] and Subtitle B of 35 Ill. Adm.

Code 104; or

2) A petition for an adjusted standard pursuant to Section 28.2 of the Act

[415 ILCS 5/28.2] and Subtitle D of 35 Ill. Adm. Code 106 104.

b) The Agency must file a recommendation within prescribed times following the

filing of a petition for a variance or adjusted standard. The recommendation must

include a draft of the language the Agency proposes to include in the permit if its

recommendation is accepted.

c) If the Board grants a variance or adjusted standard, it will order the Agency to

issue or modify the permit pursuant to the variance.

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

Section 702.109 Enforcement Actions

Any person may file a civil complaint with the Board alleging violation of the RCRA or UIC

regulations, a permit requirement, or permit conditions, pursuant to Title VIII of the

Environmental Protection Act [415 ILCS 5/Title VIII] and 35 Ill. Adm. Code 103.

a) A formal complaint filed with the Board will initiate a civil enforcement action in

which the complainant bears the burden of proving that the respondent committed

the alleged violations.

b) The Board will forward any informal complaint to the Agency, and the Agency

shall must investigate the alleged violations set forth in the complaint.

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

Section 702.110 Definitions

The following definitions apply to 35 Ill. Adm. Code 702, 703, 704, and 705. Terms not defined

in this Section have the meaning given by the appropriate Act act and regulations, as such are

defined in this Section. When a defined term appears in a definition, the defined term is

sometimes placed within quotation marks as an aid to readers. When a definition applies

primarily to one or more programs, those programs appear in parentheses after the defined terms.

“Act” or “Environmental Protection Act” means the Environmental Protection

Act [415 ILCS 5].

“Administrator” means the Administrator of the United States Environmental

Protection Agency or an authorized representative.

“Agency” means the Illinois Environmental Protection Agency.

“Application” means the Agency forms for applying for a permit. For RCRA,

application also includes the information required by the Agency under pursuant

to 35 Ill. Adm. Code 703.182 through 703.212 (contents of Part B of the RCRA

application).

“Appropriate act and regulations” means the federal Resource Conservation and

Recovery Act (RCRA), the federal Safe Drinking Water Act (SDWA), or the

“Environmental Protection Act,” whichever is applicable, and the applicable

regulations promulgated under those statutes.

“Approved program or approved state” means a state or interstate program that

has been approved or authorized by USEPA under pursuant to 40 CFR 271 (1996)

(RCRA) or Section 1422 of the SDWA (42 USC 300h-1; UIC).

“Aquifer” (RCRA and UIC) means a geologic formation, group of formations, or

part of a formation that is capable of yielding a significant amount of water to a

well or spring.

“Area of review” (UIC) means the area surrounding an injection well described

according to the criteria set forth in 35 Ill. Adm. Code 730.106, or in the case of

an area permit, the project area plus a circumscribing area the width of which is

either 402 meters (one-quarter of a mile) or a number calculated according to the

criteria set forth in 35 Ill. Adm. Code 730.106.

“Board” (RCRA and UIC) means the Illinois Pollution Control Board.

“Cesspool” (UIC) means a drywell that receives untreated sanitary waste

containing human excreta and which sometimes has an open bottom or perforated

sides.

“Closure” (RCRA) means the act of securing a Hazardous waste management

facility pursuant to the requirements of 35 Ill. Adm. Code 724.

“Component” (RCRA) means any constituent part of a unit or any group of

constituent parts of a unit that are assembled to perform a specific function (e.g., a

pump seal, pump, kiln liner, or kiln thermocouple).

“Contaminant” (UIC) means any physical, chemical, biological, or radiological

substance or matter in water.

“Corrective action management unit” or “CAMU” (RCRA) means an area within

a facility that is designated by the Agency under pursuant to Subpart S of 35 Ill.

Adm. Code 724for 724 for the purpose of implementing corrective action

requirements under pursuant to 35 Ill. Adm. Code 724.201 and RCRA section

3008(h) (42 USC 6928(h)). A CAMU must only be used for the management of

remediation wastes pursuant to implementing such corrective action requirements

at the facility.

BOARD NOTE: USEPA must also designate a CAMU until it grants this

authority to the Agency. See the note following 35 Ill. Adm. Code 724.652.

“CWA” (RCRA and UIC) means the Clean Water Act (formerly referred to as the

Federal Water Pollution Control Act or Federal Water Pollution Control Act

Amendments of 1972), P.L. 92-500(33 USC 1251 et seq.), as amended by P.L.

95-217 and P.L. 95-576; 33 USC 1251 et seq. (1996) through January 7, 2003.

“Date of approval by USEPA of the Illinois UIC program” (UIC) means March 3,

1984.

“Director” (RCRA and UIC) means the Director of the Illinois Environmental

Protection Agency or the Director’s designee.

“Disposal” (RCRA) means the discharge, deposit, injection, dumping, spilling,

leaking, or placing of any “hazardous waste” into or on any land or water so that

such hazardous waste or any constituent of the waste may enter the environment

or be emitted into the air or discharged into any waters, including groundwater.

“Disposal facility” (RCRA) means a facility or part of a facility at which

“hazardous waste” is intentionally placed into or on the land or water, and at

which hazardous waste will remain after closure. The term “disposal facility”

does not include a corrective action management unit into which remediation

wastes are placed.

“Draft permit” (RCRA and UIC) means a document prepared under pursuant to

35 Ill. Adm. Code 705.141 indicating the Agency’s tentative decision to issue,

deny, modify, terminate, or reissue a “permit.” A notice of intent to deny a

permit, as discussed in 35 Ill. Adm. Code 705.141, is a type of “draft permit.” A

denial of a request for modification, as discussed in 35 Ill. Adm. Code 705.128, is

not a “draft permit.” A proposed permit is not a “draft permit.”.

“Drywell” (UIC) means a well, other than an improved sinkhole or subsurface

fluid distribution system, that is completed above the water table so that its

bottom and sides are typically dry, except when receiving fluids.

“Drilling mud” (UIC) means a heavy suspension used in drilling an injection

well, introduced down the drill pipe and through the drill bit.

“Elementary neutralization unit” (RCRA) means a device of which the following

is true:

Is It is used for neutralizing wastes that are hazardous wastes only because

they exhibit the corrosivity characteristics defined in 35 Ill. Adm. Code

721.122, or are listed in Subpart D of 35 Ill. Adm. Code 721 only for this

reason; and

Meets It meets the definition of tank, tank system, container, transport

vehicle, or vessel in 35 Ill. Adm. Code 720.110.

“Emergency permit” (RCRA and UIC) means a RCRA or UIC permit issued in

accordance with 35 Ill. Adm. Code 703.221 or 704.163, respectively.

“Environmental Protection Agency” or “EPA” or “USEPA” (RCRA and UIC)

means the United States Environmental Protection Agency.

“Exempted aquifer” (UIC) means an aquifer or its portion that meets the criteria

in the definition of “underground source of drinking water” but which has been

exempted according to the procedures in 35 Ill. Adm. Code 702.105, 704.104, and

704.123(b).

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

(RCRA) means a facility that was in operation or for which construction

commenced on or before November 19, 1980. A facility has commenced

construction if the following occurs:

The owner or operator has obtained the federal, State, and local approvals

or permits necessary to begin physical construction; and

Either of the following has transpired:

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

The owner or operator has entered into contractual obligations for

physical construction of the facility that cannot be canceled or

modified without substantial loss and which are to be completed

within a reasonable time.

“Existing injection well” (UIC) means an injection well other than that is not a

new injection well.

“Facility mailing list” (RCRA) means the mailing list for a facility maintained by

the Agency in accordance with 35 Ill. Adm. Code 705.163(a).

“Facility or activity” (RCRA and UIC) means any HWM facility, UIC injection

well, or any other facility or activity (including land or appurtenances thereto)

that is subject to regulations under the Illinois RCRA or UIC program.

“Facility mailing list” (RCRA) means the mailing list for a facility maintained by

the Agency in accordance with 35 Ill. Adm. Code 705.163.

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

construction” (RCRA) means permits and approvals required under federal, State,

or local hazardous waste control statutes, regulations, or ordinances. (See 35 Ill.

Adm. Code 700.102.)

“Final authorization” (RCRA) means January 31, 1986, the date of approval by

USEPA of the Illinois Hazardous Waste Management Program that has met the

requirements of Section 3006(b) of RCRA (42 USC 6926(b)) and the applicable

requirements of subpart A of 40 CFR 271, Subpart A (1996). USEPA granted

initial final authorization on January 31, 1986.

“Fluid” (UIC) means any material or substance that flows or moves, whether in a

semisolid, liquid, sludge, gas, or any other form or state.

“Formation” (UIC) means a body of rock characterized by a degree of lithologic

homogeneity that is prevailingly, but not necessarily, tabular and is mappable on

the earth’s surface or traceable in the subsurface.

“Formation fluid” (UIC) means fluid present in a formation under natural

conditions, as opposed to introduced fluids, such as “drilling mud.”

“Functionally equivalent component” (RCRA) means a component that performs

the same function or measurement and which meets or exceeds the performance

specifications of another component.

“Generator” (RCRA) means any person, by site location, whose act or process

produces “hazardous waste” identified or listed in 35 Ill. Adm. Code 721.

“Groundwater” (RCRA and UIC) means a water below the land surface in a zone

of saturation.

“Hazardous waste” (RCRA and UIC) means a hazardous waste as defined in 35

Ill. Adm. Code 721.103.

“Hazardous waste management facility” or “HWM facility” (RCRA) means 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 (for example,

one or more landfills, surface impoundments, or combinations of them).

“HWM facility” (RCRA) means Hazardous waste management facility.

“Improved sinkhole” (UIC) means a naturally occurring karst depression or other

natural crevice that is found in volcanic terrain and other geologic settings that

have been modified by man for the purpose of directing and emplacing fluids into

the subsurface.

“Injection well” (RCRA and UIC) means a well into which fluids are being

injected.

“Injection zone” (UIC) means a geologic formation, group of formations, or part

of a formation receiving fluids through a well.

“In operation” (RCRA) means a facility that is treating, storing, or disposing of

“hazardous waste.”

“Interim authorization” (RCRA) means May 17, 1982, the date of approval by

USEPA of the Illinois Hazardous Waste Management program that has met the

requirements of Section 3006(g)(2) of RCRA (42 USC 6926(g)(2)) and applicable

requirements of 40 CFR 271 (1996). This happened on May 17, 1982.

“Interstate agency” means an agency of two or more states established by or

under an agreement or compact approved by the Congress, or any other agency of

two or more states having substantial powers or duties pertaining to the control of

pollution as determined and approved by the Administrator under the “appropriate

Act act and regulations.”

“Major facility” means any RCRA or UIC facility or activity classified as such by

the Regional Administrator or the Agency.

“Manifest” (RCRA and UIC) means the shipping document originated and signed

by the “generator” that contains the information required by Subpart B of 35 Ill.

Adm. Code 722.

“National Pollutant Discharge Elimination System” means the program for

issuing, modifying, revoking and reissuing, terminating, monitoring, and

enforcing permits and imposing and enforcing pretreatment requirements under

pursuant to Section 12(f) of the Environmental Protection Act and Subpart A of

35 Ill. Adm. Code 309 and 35 Ill. Adm. Code 310. The term includes an

“approved program.”

“New HWM facility” (RCRA) means a hazardous waste management facility that

began operation or for which construction commenced after November 19, 1980.

“New injection well” (UIC) means a well that began injection after March 3,

1984, the date of USEPA approval of the UIC program for the State of Illinois.

BOARD NOTE: See 40 CFR 147.700 (1998) and 49 Fed. Reg. 3991 (Feb. 1,

1984).

“Off-site” (RCRA) means any site that is not on-site.

“On-site” (RCRA) means on the same or geographically contiguous property that

may be divided by public or private rights-of-way, provided the entrance and exit

between the properties is at a cross-roads intersection, and access is by crossing

as opposed to going along, the rights-of-way. Non-contiguous properties owned

by the same person, but connected by a right-of-way that the person controls and

to which the public does not have access, is also considered on-site property.

“Owner or operator” means the owner or operator of any facility or activity

subject to regulation under the RCRA or UIC program.

“Permit” means an authorization, license, or equivalent control document issued

to implement the requirements of this Part and 35 Ill. Adm. Code 703, 704, and

705. “Permit” includes RCRA permit by rule (35 Ill. Adm. Code 703.141),

RCRA standardized permit (35 Ill. Adm. Code 703.144), UIC area permit (35 Ill.

Adm. Code 704.162), and RCRA or UIC “Emergency Permit” (35 Ill. Adm. Code

703.221 and 704.163). “Permit” does not include RCRA interim status (35 Ill.

Adm. Code 703.153 through 703.157), UIC authorization by rule (Subpart C of

35 Ill. Adm. Code 704), or any permit that has not yet been the subject of final

Agency action, such as a draft permit or a proposed permit.

“Permit” includes RCRA permit by rule (35 Ill. Adm. Code 703.141), UIC area

permit (35 Ill. Adm. Code 704.162), and RCRA or UIC “Emergency Permit” (35

Ill. Adm. Code 703.221 and 704.163). “Permit” does not include RCRA interim

status (35 Ill. Adm. Code 703.153 through 703.157), UIC authorization by rule

(Subpart C of 35 Ill. Adm. Code 704), or any permit that has not yet been the

subject of final Agency action, such as a draft permit or a proposed permit.

“Person” means any individual, partnership, co-partnership, firm, company,

corporation, association, joint stock company, trust, estate, political subdivision,

state agency, or any other legal entity, or their legal representative, agency, or

assigns.

“Physical construction” (RCRA) means excavation, movement of earth, erection

of forms or structures, or similar activity to prepare an HWM facility to accept

“hazardous waste.”

“Plugging” (UIC) means the act or process of stopping the flow of water, oil, or

gas into or out of a formation through a borehole or well penetrating that

formation.

“Point of injection” means the last accessible sampling point prior to waste fluids

being released into the subsurface environment through a Class V injection well.

For example, the point of injection of a Class V septic system might be the

distribution box--the last accessible sampling point before the waste fluids drain

into the underlying soils. For a dry well, it is likely to be the well bore itself.

“POTW” means publicly owned treatment works.

“Project” (UIC) means a group of wells in a single operation.

“Publicly owned treatment works” or “POTW” is as defined in 35 Ill. Adm. Code

310.

“Radioactive waste” (UIC) means any waste that contains radioactive material in

concentrations that exceed those listed in table II, column 2 in appendix B to 10

CFR 20, Appendix B, Table II, Column 2, incorporated by reference in 35 Ill.

Adm. Code 720.111.

“RCRA” (RCRA) means the Solid Waste Disposal Act as amended by the

Resource Conservation and Recovery Act of 1976 (P.L. 94-580, as amended by

P.L. 95-609, P.L. 96-510, 42 USC 6901 et seq. (1996)). For the purposes of

regulation under pursuant to 35 Ill. Adm. Code 700 through 705, 720 through

728, 733, 738, and 739, “RCRA” refers only to RCRA Subtitle C. This does not

include the RCRA Subtitle D (municipal solid waste landfill) regulations, found

in 35 Ill. Adm. Code 810 through 815, and the RCRA Subtitle I (underground

storage tank) regulations found in 35 Ill. Adm. Code 731 and 732.

“RCRA permit” (RCRA) means a permit required under pursuant to Section 21(f)

of the Environmental Protection Act [415 ILCS 5/21(f)].

“RCRA standardized permit” means a RCRA permit issued pursuant to Subpart J

of 35 Ill. Adm. Code 703 and Subpart G of 35 Ill. Adm. Code 702 that authorizes

management of hazardous waste. The RCRA standardized permit may have two

parts: a uniform portion issued in all cases and a supplemental portion issued at

the discretion of the Agency.

“Regional Administrator” (RCRA and UIC) means the Regional Administrator

for of the USEPA Region in which the facility is located or the Regional

Administrator’s designee.

BOARD NOTE: Illinois is in USEPA Region 5.

“Remedial Action Plan” or “RAP” (RCRA) means a special form of RCRA permit

that a facility owner or operator may obtain pursuant to Subpart H of 35 Ill. Adm.

Code 703, instead of a RCRA permit issued under pursuant to this Part and 35 Ill.

Adm. Code 703, to authorize the treatment, storage, or disposal of hazardous

remediation waste (as defined in 35 Ill. Adm. Code 720.110) at a remediation waste

management site.

“Sanitary waste” (UIC) means liquid or solid wastes originating solely from

humans and human activities, such as wastes collected from toilets, showers,

wash basins, sinks used for cleaning domestic areas, sinks used for food

preparation, clothes washing operations, and sinks or washing machines where

food and beverage serving dishes, glasses, and utensils are cleaned. Sources of

these wastes may include single or multiple residences, hotels and motels,

restaurants, bunkhouses, schools, ranger stations, crew quarters, guard stations,

campgrounds, picnic grounds, day-use recreation areas, other commercial

facilities, and industrial facilities, provided the waste is not mixed with industrial

waste.

“Schedule of compliance” (RCRA and UIC) means a schedule of remedial

measures included in a permit, including an enforceable sequence of interim

requirements (for example, actions, operations, or milestone events) leading to

compliance with the appropriate Act act and regulations.

“SDWA” (UIC) means the Safe Drinking Water Act (P.L. 93-523, as amended,

42 USC 300f et seq. (1996)).

“Septic system” (UIC) means a well, as defined in this Section, that is used to

emplace sanitary waste below the surface and which is typically comprised of a

septic tank and subsurface fluid distribution system or disposal system.

“Site” (RCRA and UIC) means the land or water area where any facility or

activity is physically located or conducted, including adjacent land used in

connection with the facility or activity.

“SIC code” (RCRA and UIC) means codes pursuant to “Standard Industrial

Classification Code as code.” This is the code 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 in its publication,

“Standard Industrial Classification Manual,” incorporated by reference in 35 Ill.

Adm. Code 720.111.

“State” (RCRA and UIC) means the State of Illinois.

“State Director” (RCRA and UIC) means the Director of the Illinois

Environmental Protection Agency.

“State/USEPA agreement” (RCRA and UIC) means an agreement between the

Regional Administrator and the State that coordinates USEPA and State

activities, responsibilities, and programs, including those under the RCRA and

SDWA.

“Storage” (RCRA) 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.

“Stratum” (plural “strata”)” (UIC) means a single sedimentary bed or layer,

regardless of thickness, that consists of generally the same kind of rock material.

“Subsurface fluid distribution system” (UIC) means an assemblage of perforated

pipes, drain tiles, or other similar mechanisms intended to distribute fluids below

the surface of the ground.

“Total dissolved solids” (UIC) means the total dissolved (filterable) solids as

determined by use of the method specified in 40 CFR 136 136.3 (Identification of

Test Procedures; the method for filterable residue), incorporated by reference in

35 Ill. Adm. Code 720.111.

“Transfer facility” (RCRA) means any transportation related facility, including

loading docks, parking areas, storage areas, and other similar areas where

shipments of hazardous wastes are held during the normal course of

transportation.

“Transferee” (UIC) means the owner or operator receiving ownership or

operational control of the well.

“Transferor” (UIC) means the owner or operator transferring ownership or

operational control of the well.

“Transporter” (RCRA) means a person engaged in the off-site transportation of

“hazardous waste” by air, rail, highway, or water.

“Treatment” (RCRA) means any method, technique, process, including

neutralization, designed to change the physical, chemical, or biological character

or composition of any “hazardous waste” so as to neutralize such wastes, or so as

to recover energy or material resources from the waste, or so as to render such

wastes non-hazardous or less hazardous; safer to transport, store, or dispose of; or

amenable for recovery, amenable for storage, or reduced in volume.

“UIC” (UIC) means the Underground Injection Control program.

“Underground injection” (UIC) means a well injection.

“Underground source of drinking water” (or “USDW”) (RCRA and UIC) means

an aquifer or its portion that is not an exempted aquifer and of which either of the

following is true:

It supplies any public water system; or

It contains a sufficient quantity of groundwater to supply a public water

system; and

It currently supplies drinking water for human consumption; or

It contains less than 10,000 mg/1 mg/

ℓ

total dissolved solids.

“USDW” (RCRA and UIC) means an underground source of drinking water.

“Wastewater treatment unit” (RCRA) means a device that of which the following

is true:

Is It is part of a wastewater treatment facility that is subject to regulation

under pursuant to Subpart A of 35 Ill. Adm. Code 309 or 35 Ill. Adm.

Code 310; and

Receives 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

Meets the definition of tank or tank system in 35 Ill. Adm. Code 720.110.

“Well” (UIC) means a bored, drilled, or driven shaft, or a dug hole, whose depth

is greater than the largest surface dimension; a dug hole whose depth is greater

than the largest surface dimension; or an improved sinkhole; or, a subsurface fluid

distribution system.

Well injection means the subsurface emplacement of fluids through a well.

“Well injection” (UIC) means the subsurface emplacement of fluids through a

well.

BOARD NOTE: Derived from 40 CFR 124.2, 144.3 (1999), as amended at 64 Fed. Reg. 68565

(Dec. 7, 1999), and 270.2 (1999) (2005), as amended at 70 Fed. Reg. 53420 (Sep. 8, 2005).

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

SUBPART B: PERMIT APPLICATIONS

Section 702.120 Permit Application

a) Applying for a UIC permit. Any person who is required to have a permit

(including new applicants and permittees with expiring permits) shall complete,

sign, and submit an application to the Agency as described in this Section and in

35 Ill. Adm. Code 703.180 (RCRA) and 35 Ill. Adm. Code 704.161 (UIC).

Persons Any person who is currently authorized with interim status under RCRA

(35 Ill. Adm. Code 703.Subpart C) or UIC authorization by rule (Subpart C of 35

Ill. Adm. Code 704.Subpart C) shall must apply for permits a permit when

required to do so by the Agency. Persons covered by RCRA permits by rule (35

Ill. Adm. Code 703.141) need not apply. Procedures The procedure for

applications application, issuance and administration of an emergency permits are

permit is found exclusively in 35 Ill. Adm. Code 703.221 (RCRA) and 35 Ill.

Adm. Code 704.163 (UIC). Procedures for application, issuance, and

administration of research, development, and demonstration permits are found

exclusively in 35 Ill. Adm. Code 703.231 (RCRA).

b) Applying for a RCRA permit. The following information outlines how to obtain

a permit and where to find requirements for specific permits:

1) If the facility is covered by RCRA permits by rule (35 Ill. Adm. Code

703.141), the owner or operator needs not apply for a permit.

2) If the facility owner or operator currently has interim status pursuant to

RCRA (35 Ill. Adm. Code 703.Subpart C) or UIC authorization by rule

(35 Ill. Adm. Code 704.Subpart C), it must apply for a permit when

required by the Agency.

3) If the facility owner or operator is required to have a permit (including

new applicants and permittees with expiring permits), it must complete,

sign, and submit an application to the Agency, as described in this

Section; in Sections 702.120 through 702.124; and in 35 Ill. Adm. Code

703.125, 703.126, 703.150 through 703.157, 703.186, and 703.188.

4) If the facility owner or operator is seeking an emergency permit, the

procedures for application, issuance, and administration are found

exclusively in 35 Ill. Adm. Code 703.220.

5) If the facility owner or operator is seeking a research, development, and

demonstration permit, the procedures for application, issuance, and

administration are found exclusively in 35 Ill. Adm. Code 703.231.

6) If the facility owner or operator is seeking a RCRA standardized permit,

the procedures for application and issuance are found in Subpart G of 35

Ill. Adm. Code 705 and subpart J of 35 Ill. Adm. Code 703.

BOARD NOTE: Derived Subsection (a) of this Section is derived from 40 CFR 144.31(a)

(1993) (2005), and subsection (b) of this Section is derived from 270.10(a) (1992) (2005), as

amended at 70 Fed. Reg. 53420 (Sep. 8, 2005).

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

Section 702.122 Completeness

The Agency shall must not issue a permit under a program (RCRA or UIC) before receiving a

complete application for a permit under that program, except for emergency permits. An

application for a permit under a program is complete when the Agency receives an application

form and any supplemental information that is completed to its satisfaction. (35 Ill. Adm. Code

705.122). An application for a permit is complete notwithstanding the failure of the owner or

operator to submit the exposure information described in 35 Ill. Adm. Code 703.186 (RCRA).

BOARD NOTE: Derived from 40 CFR 144.31(d) (1993) and 270.10(c) (1992) (2005).

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

Section 702.123 Information Requirements

All applicants An applicant for a RCRA or UIC permits shall permits must provide the following

information to the Agency, using the application form provided by the Agency (additional

information required of applicants is set forth in Subpart D of 35 Ill. Adm. Code 703.Subpart D

(RCRA) and 35 Ill. Adm. Code 704.161 (UIC)).

a) The activities conducted by the applicant that require it to obtain permits a permit

under RCRA or UIC.

b) Name,

The name, mailing address, and location of the facility for which the

application is submitted.

c) Up to four SIC codes that best reflect the principal products or services provided

by the facility.

d) The operator’s name, address, telephone number, ownership status, and status as

Federal, State, private, public, or other entity.

e) The name, address, and phone number of the owner of the facility.

f) A listing of all permits or construction approvals received or applied for under

any of the following programs:

1) Hazardous Waste Management The hazardous waste management

program under RCRA, this Part, and 35 Ill. Adm. Code 703.;

2) The

UIC program under SDWA, this Part, and 35 Ill. Adm. Code 704.;

3) The National Pollutant Discharge Elimination System (NPDES) program

under the federal CWA (33 USC 1251 et seq.) and 35 Ill. Adm. Code 309.;

4) The

Prevention of Significant Deterioration (PSD) program under the

federal Clean Air Act. (42 USC 7401 et seq.);

5) Nonattainment

The nonattainment program under the federal Clean Air

Act.;

6) The

National Emission Standards for Hazardous Pollutants (NESHAPS)

(NESHAPs) preconstruction approval under the federal Clean Air Act.;

7) Ocean

Any ocean dumping permits under the federal Marine Protection

Research and Sanctuaries Act. (33 UCS 1401 et seq.);

8) Dredge

Any dredge or fill permits under Section 404 of CWA. (33 USC

1344); and

9) Other

Any other relevant environmental permits, including Illinois any

State-issued permits.

g) A topographic map (or other map if a topographic map is unavailable) extending

1609 meters (one mile) beyond the property boundaries of the source, depicting

the facility and each of its intake and discharge structures; each of its hazardous

waste treatment, storage, or disposal facilities; each well where fluids from the

facility are injected underground; and those wells, springs, other surface water

bodies, and drinking water wells listed in public records or which are otherwise

known to the applicant within 402 meters (one fourth mile) of the facility property

boundary.

h) A brief description of the nature of the business.

BOARD NOTE: Derived from 40 CFR 144.31(e)(1993), and 270.10(d), and 270.13 (1992)

(2005).

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

Section 702.124 Recordkeeping

Applicants An applicant shall must keep records of all data used to complete permit applications

and any supplemental information submitted under pursuant to 35 Ill. Adm. Code 702.123,

Subpart D of 35 Ill. Adm. Code 703.Subpart D (RCRA); and 35 Ill. Adm. Code 704.161 (UIC)

for a period of at least 3 three years from the date the application is signed.

BOARD NOTE: Derived from 40 CFR 144.31(f) and 270.10(i) (1993) (2005).

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

Section 702.125 Continuation of Expiring Permits

a) The conditions of an expired permit continue in force until the effective date of a

new permit (see 35 Ill. Adm. Code 705.201) if both of the following conditions

are fulfilled:

1) The permittee has submitted a timely application under pursuant to 35 Ill.

Adm. Code 703.181 (RCRA) or 704.161 (UIC) that is a complete (under

pursuant to Section 702.122) application for a new permit; and

2) The Agency, through no fault of the permittee, does not issue a new

permit with an effective date under pursuant to 35 Ill. Adm. Code 705.201

on or before the expiration date of the previous permit (for example, when

issuance is impracticable due to time or resource constraints).

b) Effect. Permits continued under pursuant to this section Section remain fully

effective and enforceable.

c) Enforcement. When the permittee is not in compliance with the conditions of the

expiring or expired permit, the Agency may choose to do any or all of the

following:

1) Initiate enforcement action based upon the permit that has been continued;

2) Issue a notice of intent to deny the new permit under pursuant to 35 Ill.

Adm. Code 705.141. If the permit is denied, the owner or operator would

then be required to cease the activities authorized by the continued permit

or be subject to enforcement action for operating without a permit;

3) Issue a new permit under pursuant to 35 Ill. Adm. Code 705 with

appropriate conditions; or

4) Take other actions authorized by the Environmental Protection Act [415

ILCS 5], or regulations adopted thereunder.

d) This subsection (d) corresponds with 40 CFR 144.37(d) and 270.51(d), which

pertain to continuation of USEPA-issued permits until disposition of a permit

application filed with an authorized state. A corresponding provision is

unnecessary in the Illinois regulations. This statement maintains structural

consistency with the corresponding federal rules.

e) Standardized permits.

1) The conditions of an owner’s or operator’s expired RCRA standardized

permit continue until the effective date of its new permit (see 35 Ill. Adm.

Code 705.201) if all of the following conditions are fulfilled:

A) If the Agency is the permit-issuing authority;

B) If the owner or operator has submitted a timely and complete

Notice of Intent pursuant to 35 Ill. Adm. Code 705.301(a)(2)

requesting coverage under a RCRA standardized permit; and

C) If the Agency, through no fault of the owner or operator, does not

issue the permit before its previous permit expires (for example,

where it is impractical to make the permit effective by that date

because of time or resource constraints).

2) In some instances, the Agency may notify the owner or operator that it is

not eligible for a RCRA standardized permit (see 35 Ill. Adm. Code

705.302(c)). In such an instance, the conditions of the owner’s or

operator’s expired permit will continue if the owner or operator submits

the information specified in subsection (a)(1) of this Section (that is, a

complete application for a new permit) within 60 days after it receives an

Agency notification that the owner or operator is not eligible for a RCRA

standardized permit.

BOARD NOTE: Derived from 40 CFR 144.37 (1993) and 270.51 (1992) (2005), as amended at

70 Fed. Reg. 53420 (Sep. 8, 2005).)

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

Section 702.126 Signatories to Permit Applications and Reports

a) Applications. All applications shall A permit application must be signed as

follows:

1) For a corporation: a permit application must be signed by a responsible

corporate officer. For the purpose of this section Section, a responsible

corporate officer means either of the following persons:

A) A president, secretary, treasurer, or vice president of the

corporation in charge of a principal business function, or any other

person that performs similar policy or decision making decision-

making functions for the corporation, or

B) The manager of one or more manufacturing, production, or

operating facilities employing more than 250 persons or having

gross annual sales or expenditures exceeding $25 million (in

second-quarter 1980 dollars), if authority to sign documents has

been assigned or delegated to the manager in accordance with

corporate procedures;

BOARD NOTE: The Board does not require specific assignments

or delegations of authority to responsible corporate officers

identified in subsection (a)(1)(A) of this Section. The Agency will

presume that these responsible corporate officers have the requisite

authority to sign permit applications, unless the corporation has

notified the Agency to the contrary. Corporate procedures

governing authority to sign permit applications may provide for

assignment or delegation to applicable corporate positions under

pursuant to subsection (a)(1)(B) of this Section, rather than to

specific individuals.

2) For a partnership or sole proprietorship: a permit application must be

signed by a general partner or the proprietor, respectively; or

3) For a municipality, State, federal, or other public agency: a permit

application must be signed by either a principal executive officer or

ranking elected official. For purposes of this Section, a principal

executive officer of a federal agency includes either of the following

persons:

A) The chief executive officer of the agency, or

B) A senior executive officer having responsibility for the overall

operations of a principal geographic unit of the agency (e.g.,

Regional Administrators of USEPA).

b) Reports. All reports required by permits or other information requested by the

Agency shall must be signed by a person described in subsection (a) of this

Section, or by a duly authorized representative of that person. A person is a duly

authorized representative only if each of the following conditions are fulfilled:

1) The authorization is made in writing by a person described in subsection

(a) of this Section;

2) The authorization specifies either an individual or a position having

responsibility for the overall operation of the regulated facility or activity,

such as the position of plant manager, operator of a well or a well field,

superintendent, or position of equivalent responsibility. (A duly

authorized representative may thus be either a named individual or any

individual occupying a named position); and

3) The written authorization is submitted to the Agency.

c) Changes to authorization. If an authorization under pursuant to subsection (b) of

this Section is no longer accurate because a different individual or position has

responsibility for the overall operation of the facility, a new authorization

satisfying the requirements of subsection (b) must be submitted to the Agency

prior to or together with any reports, information, or applications to be signed by

an authorized representative.

d) Certification.

1) Any person signing a document under pursuant to subsection (a) or (b) of

this Section shall must make the following certification:

I certify under penalty of law that this document and all

attachments were prepared under my direction or supervision in

accordance with a system designed to assure that qualified

personnel properly gather and evaluate the information submitted.

Based on my inquiry of the person or persons that manage the

system, or those persons directly responsible for gathering the

information, the information submitted is, to the best of my

knowledge and belief, true, accurate, and complete. I am aware

that there are significant penalties for submitting false information,

including the possibility of fine and imprisonment for knowing

violations.

2) Alternative owner certification. For remedial action plans (RAPs) under

pursuant to Subpart H of this Part, if the operator certifies according to

subsection (d)(1) of this Section, then the owner may choose to make the

following certification instead of the certification in subsection (d)(1) of this

Section:

Based on my knowledge of the conditions of the property described

in the RAP and my inquiry of the person or persons that manage the

system referenced in the operator’s certification, or those persons

directly responsible for gathering the information, the information

submitted is, upon information and belief, true, accurate, and

complete. I am aware that there are significant penalties for

submitting false information, including the possibility of fine and

imprisonment for knowing violations.

BOARD NOTE: Derived from 40 CFR 144.32 (1998) and 270.11 (1998), as amended at 63 Fed.

Reg. 65941 (Nov. 30, 1998) (2005).

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

SUBPART C: PERMIT CONDITIONS

Section 702.140 Conditions Applicable to all Permits

The conditions of this Subpart C apply to all RCRA and UIC permits. For additional conditions

applicable to all permits for each of the programs individually, see Subpart F of 35 Ill. Adm.

Code 703.Subpart F (RCRA) and Subpart E of 704.Subpart E (UIC). All conditions applicable

to all permits, and all additional conditions applicable to all permits for individual programs,

shall must be incorporated into the permits either expressly or by reference. If incorporated by

reference, a specific citation to these regulations must be given in the permit.

BOARD NOTE: Derived from 40 CFR 144.51 preamble (1993) and 270.30 preamble (1992)

(2005).)

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

Section 702.141 Duty to Comply

The permittee must comply with all conditions of this its permit. Any permit noncompliance

constitutes a violation of the Illinois Environmental Protection Act and is grounds for one of

more of the following actions: for an enforcement action;, for permit revocation or

modification;, or for denial of a permit renewal application.

BOARD NOTE: Sections 703.242 (RCRA) and 704.181(a) (UIC) contain additional

information on operation under an emergency permit. Derived from 40 CFR 144.51(a) (1993)

and 270.30(a) (1992) (2005).)

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

Section 702.142 Duty to Reapply

If the a permittee wishes to continue an activity regulated by this its permit after the expiration

date of this the permit, the permittee must apply for and obtain a new permit.

BOARD NOTE: Derived from 40 CFR 144.51(b) (1993) and 270.30(b) (1992) (2005).

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

Section 702.143 Need to Halt or Reduce Activity Not a Defense

It shall will not be a defense for a permittee in an enforcement action that it would have been

necessary to halt or reduce the permitted activity in order to maintain compliance with the

conditions of this its permit.

BOARD NOTE: Derived from 40 CFR 144.51(c) (1993) and 270.30(c) (1992) (2005).

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

Section 702.144 Duty to Mitigate

a) For RCRA permits, in the event of noncompliance with the its permit, the

permittee shall must take all reasonable steps to minimize releases to the

environment, and shall must carry out such measures as are reasonable to prevent

significant adverse impacts on human health or the environment.

b) For UIC permits, the permittee shall must take all reasonable steps to minimize or

correct any adverse impact on the environment resulting from non-compliance

with the its permit.

BOARD NOTE: Derived from 40 CFR 144.51(d) (1993) and 270.30(d) (1992) (2005).

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

Section 702.145 Proper Operation and Maintenance

The permittee shall must at all times properly operate and maintain all facilities and systems of

treatment and control (and related appurtenances) that are installed or used by the permittee to

achieve compliance with the conditions of this its permit. Proper operation and maintenance

includes effective performance, adequate funding, adequate operator staffing and training, and

adequate laboratory and process controls, including appropriate quality assurance procedures.

This provision Proper operation and maintenance requires the operation of backup or auxiliary

facilities or similar systems only when necessary to achieve compliance with the conditions of

the permit.

BOARD NOTE: Derived from 40 CFR 144.51(e) (1993) and 270.30(e) (1992) (2005).

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

Section 702.146 Permit Actions

This A permit may be modified or revoked for cause. The filing of a request by the permittee for

a permit modification or revocation, or a notification of planned changes or anticipated

noncompliance, does not stay any permit condition.

BOARD NOTE: Derived from 40 CFR 144.51(f) (1993) and 270.30(f) (1992) (2005).

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

Section 702.147 Property Rights

This A permit does not convey any conveys no property rights of any sort, or nor does a permit

convey any exclusive privilege.

BOARD NOTE: Derived from 40 CFR 144.51(g) (1993) and 270.30(g) (1992) (2005).

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

Section 702.148 Duty to Provide Information

The A permittee shall must furnish to the Agency, within a reasonable time, any relevant

information that the Agency may request to determine whether cause exists for modifying,

revoking and reissuing, or terminating this permit or to determine compliance with this permit.

The permittee shall must also furnish to the Agency, upon request, copies of records required to

be kept by this permit.

BOARD NOTE: Derived from 40 CFR 144.51(h) (1993) and 270.30(h) (1992) (2005).

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

Section 702.149 Inspection and Entry

The A permittee shall must allow an authorized representative of the Agency, upon the

presentation of credentials and other documents as may be required by law, to do any of the

following:

a) Enter at reasonable times upon the permittee’s premises where a regulated facility

or activity is located or conducted, or where records must be kept under the

conditions of this permit;

b) Have access to and copy, at reasonable times, any records that must be kept under

the conditions of this permit;

c) Inspect at reasonable times any facilities, equipment (including monitoring and

control equipment), practices, or operations regulated or required under this

permit; and

d) Sample or monitor at reasonable times, for the purposes of assuring permit

compliance or as otherwise authorized by the appropriate Act, any substances or

parameters at any location.

BOARD NOTE: Derived from 40 CFR 144.51(i) (1993) and 270.30(i) (1992) (2005).

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

Section 702.150 Monitoring and Records

a) Samples and measurements taken for the purpose of monitoring shall must be

representative of the monitored activity.

b) The permittee shall must retain records of all monitoring information, including

all calibration and maintenance records and all original strip chart recordings for

continuous monitoring instrumentation,; copies of all reports required by this its

permit,; and records of all data used to complete the application for this its permit,

for a period of at least 3 three years from the date of the sample, measurement,

report, or application. This period may be extended by request of the Agency at

any time.

c) Records of monitoring information shall must include all of the following

information:

1) The date, exact place, and time of sampling or measurements;

2) The individual(s)

individuals who performed the sampling or

measurements;

3) The date(s)

dates analyses were performed;

4) The individual(s)

individuals who performed the analyses;

5) The analytical techniques or methods used; and

6) The results of such analyses.

BOARD NOTE: Derived from 40 CFR 144.51(j) (1993) and 270.30(j) (1992) (2005).

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

Section 702.151 Signature Requirements

All application applications, reports, or information submitted to the Agency shall must be

signed and certified in accordance with the requirements of Section 702.126.

BOARD NOTE: Derived from 40 CFR 144.51(k) (1993) and 270.30(k) (1992) (2005).

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

Section 702.152 Reporting Requirements

a) Planned changes. The permittee shall must give notice to the Agency as soon as

possible of any planned physical alterations or additions to the permitted facility.

b) Anticipated noncompliance. The permittee shall must give advance notice to the

Agency of any planned changes in the permitted facility or activity which that

may result in noncompliance with permit requirements. For RCRA, see also 35

Ill. Adm. Code 703.247.

c) Transfers. This permit is not transferable to any person, except after notice to the

Agency. The Agency may require modification of the permit to change the name

of the permittee and incorporate such other requirements as may be necessary

under the appropriate Act. (See Sections 702.182 and 702.183, in some cases

modification is mandatory.)

d) Monitoring reports. Monitoring results shall must be reported at the intervals

specified in the permit.

e) Compliance schedules. Reports of compliance or non-compliance with, or any

progress reports on, interim and final requirements contained in any compliance

schedule of the permit shall must be submitted no later than specified in Section

702.162.

f) Twenty-four hour reporting as required in 35 Ill. Adm. Code 703.245 or

704.181(d).

g) Other noncompliance. The permittee shall must report all instances of

noncompliance not reported under pursuant to subsections (d), (e), and (f) of this

Section at the time monitoring reports are submitted. The reports shall must

contain the information referenced in subsection (f) of this Section.

h) Other information. Where the permittee becomes aware that it failed to submit

any relevant facts in a permit application, or submitted incorrect information in a

permit application or in any report to the Agency, it shall must promptly submit

such facts or information.

BOARD NOTE: Derived from 40 CFR 144.51(l) and 270.30(l) (1988) (2005).

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

Section 702.160 Establishing Permit Conditions

a) In addition to conditions required in permits for both programs (Sections 702.140

through 702.152), the Agency shall must establish conditions in RCRA and UIC

permits, as required on a case-by-case basis, in RCRA and UIC permits under

pursuant to Section 702.150 (monitoring and records), Section 702.161 (duration

of permits), Section 702.162 (schedules of compliance), Section 702.163

(alternate schedules of compliance), and Section 702.164 (Recording and

Reporting). For UIC only, permits for owners and operators of hazardous waste

injection wells must include conditions meeting the requirements of 35 Ill. Adm.

Code 704.201 through 704.203 (requirements for wells injecting hazardous

waste), 704.189 (financial responsibility), and 704.191 (additional conditions),

and Subpart G of 35 Ill. Adm. Code 730.Subpart G (criteria and standards

applicable to Class I hazardous waste injection wells). Permits for other wells

must contain the requirements set forth in Subpart E of 35 Ill. Adm. Code

704.Subpart E (permit conditions) when applicable.

b) Additional conditions.

1) In addition to conditions required in all permits for a particular program

(Subpart F of 35 Ill. Adm. Code 703.Subpart F for RCRA and Subpart C

of 35 Ill. Adm. Code 704.Subpart C for UIC), the Agency shall must

establish conditions in permits for the individual programs, as required on

a case-by-case basis, to provide for and assure compliance with all

applicable requirements of the appropriate Act act and regulations.

2) An applicable requirement is a statutory or regulatory requirement that

takes effect prior to final administrative disposition of a permit. The

provisions of 35 Ill. Adm. Code 705.184 (reopening of comment period)

provides provide a means for reopening permit proceedings at the

discretion of the Agency where new requirements become effective during

the permitting process and are of sufficient magnitude to make additional

proceedings desirable. An applicable requirement is also any requirement

that takes effect prior to the modification of a permit, to the extent allowed

in 35 Ill. Adm. Code 705.201.

3) New

A new or reissued permits permit, and a modified permit to the

extent allowed under pursuant to 35 Ill. Adm. Code 705.201 modified

permits, shall must incorporate each of the applicable requirements

referenced in Subpart F of 35 Ill. Adm. Code 703.241 et seq. (RCRA) and

Subpart E of 35 Ill. Adm. Code 704.182 through 704.191 (UIC).

c) Incorporation. All permit conditions shall must be incorporated either expressly

or by reference. If incorporated by reference, a specific citation to the applicable

regulations or requirements must be given in the permit.

BOARD NOTE: Derived from 40 CFR 144.52 (1993) and 270.32 (1992) (2005).

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

Section 702.161 Duration of Permits

a) Permit duration.

1) RCRA. A RCRA permits shall permit must be effective for a fixed term,

to be determined by the Agency on a case-by-case basis, but not to exceed

ten years.

2) UIC. UIC permits for Class I and Class V injection wells shall must be

effective for a fixed term, to be determined by the Agency on a case-by-

case basis, but not to exceed ten years. UIC permits for Class III injection

wells shall must be issued for a period not to exceed five years; provided,

however, that the Agency shall, without requiring a new application, must

renew such permits for a period not to exceed five years per renewal,

unless the Agency determines that the permit should be modified,

revoked, or a minor modification made, as provided in Sections 702.183

through 702.187, in which case the permittee shall be required to must file

a new permit application.

b) Except as provided in Section 702.125, the term of a permit shall must not be

extended by modification beyond the maximum duration specified in this Section.

c) The Agency may issue any permit for a duration that is less than the full

allowable term under pursuant to this Section.

d) The Agency shall must review each RCRA permit for a land disposal facility no

later than five years after the date of permit issuance or reissuance, and shall the

Agency must modify the permit as necessary, as provided in Section 702.183 and

702.184.

BOARD NOTE: Derived from 40 CFR 144.36 (1993) and 270.50 (1992) (2005).

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

Section 702.162 Schedules of Compliance

The permit may, when appropriate, specify a schedule of compliance leading to compliance with

the appropriate Act act and regulations.

a) Time for compliance. Any schedules of compliance under pursuant to this section

shall Section must require compliance as soon as possible. For UIC, in addition,

schedules of compliance shall must require compliance not later than 3 three

years after the effective date of the permit.

b) Interim dates. If a permit establishes a schedule of compliance that exceeds 1 one

year from the date of permit issuance, the schedule shall must set forth interim

requirements and the dates for their achievement.

1) The time between interim dates shall must not exceed 1 one year.

2) If the time necessary for completion of any interim requirement (such as

the construction of a control facility) is more than 1 one year and is not

readily divisible into stages for completion, the permit shall must specify

interim dates for the submission of reports of progress toward compliance

of the interim requirements and indicate a projected completion date.

c) Reporting. A RCRA permit shall must be written to require that no later than 14

days following such interim date and the final date of compliance, the permittee

shall must notify the Agency in writing of its compliance or noncompliance with

the interim or final requirements. A UIC permit shall must be written to require

that if subsection (a) above of this Section is applicable progress reports be

submitted no later than 30 days following each interim date and the final date of

compliance.

d) The Agency may not permit a schedule of compliance involving violation of

regulations adopted by the Board unless the permittee has been granted a

variance. To avoid delay an applicant seeking a schedule of compliance should

file a variance petition pursuant to Subpart B of 35 Ill. Adm. Code 104 at the

same time the permit application is filed.

BOARD NOTE: Derived from 40 CFR 144.53(a) (1993) and 270.33(a) (1992) (2005).

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

Section 702.163 Alternative Schedules of Compliance

A RCRA or UIC permit applicant or permittee may cease conducting regulated activities (by

receiving a terminal volume of hazardous waste and, for treatment or storage HWM facilities, by

closing pursuant to applicable requirements; or, for disposal HWM facilities, by closing and

conducting post-closure care pursuant to applicable requirements; or, for UIC wells, by plugging

and abandonment), rather than continue continuing to operate and meet permit requirements as

follows:

a) If the permittee decides to cease conducting regulated activities at a given time

within the term of a permit that has already been issued, either of the following

must occur:

1) The permit may be modified to contain a new or additional schedule

leading to timely cessation of activities; or

2) The permittee shall must cease conducting permitted activities before

noncompliance with any interim or final compliance schedule requirement

already specified in the permit.

b) If the decision to cease conducting regulated activities is made before issuance of

a permit whose term will include the termination date, the permit shall must

contain a schedule leading to termination that will ensure timely compliance with

applicable requirements.

c) If the permittee is undecided whether to cease conducting regulated activities, the

Agency may issue or modify a permit to contain two alternative schedules, as

follows:

1) Both schedules shall must contain an identical interim deadline requiring a

final decision on whether to cease conducting regulated activities no later

than a date that ensures sufficient time to comply with applicable

requirements in a timely manner if the decision is to continue conducting

regulated activities;

2) One schedule shall must lead to timely compliance with applicable

requirements;

3) The second schedule shall must lead to cessation of regulated activities by

a date that will ensure timely compliance with applicable requirements.

4) Each permit containing two alternative schedules shall must include a

requirement that after the permittee has made a final decision under

pursuant to subsection (c)(1) above of this Section, it shall must follow the

schedule leading to compliance, if the decision is to continue conducting

regulated activities, and or follow the schedule leading to termination, if

the decision is to cease conducting regulated activities.

d) The applicant’s or permittee’s decision to cease conducting regulated activities

shall must be evidenced by a firm public commitment satisfactory to the Agency,

such as a written resolution of the board of directors of a corporation.

BOARD NOTE: Derived from 40 CFR 144.53(b) (1993) and 270.33(b) (1992) (2005).

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

Section 702.164 Recording and Reporting

All permits shall A permit must specify the following:

a) Requirements concerning

as to the proper use, maintenance, and installation,

when appropriate, of monitoring equipment or methods (including biological

monitoring methods, when appropriate);

b) Required monitoring, including type, intervals, and frequency sufficient to yield

data that are representative of the monitored activity including, when appropriate,

continuous monitoring; and

c) Applicable reporting requirements based upon on the impact of the regulated

activity and as specified in 35 Ill. Adm. Code 724 (RCRA) and 35 Ill. Adm. Code

730 (UIC). Reporting shall must be no less frequent than specified in the above

regulations.

BOARD NOTE: Derived from 40 CFR 144.54 (1993) and 270.31 (1992) (2005).

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

SUBPART D: ISSUED PERMITS

Section 702.181 Effect of a Permit

a) The existence of a RCRA or UIC permit does not constitute a defense to a

violation of the Environmental Protection Act or this Subtitle G, except for

prohibitions against development, modification, or operation without a permit.

However, a permit may be modified, reissued, or revoked during its term for

cause, as set forth in Subpart G of 35 Ill. Adm. Code 703.270 through 703.273

(RCRA) or Subpart H of 35 Ill. Adm. Code 704.261 through 704.263 (UIC) and

Section 702.186.

BOARD NOTE: 40 CFR 270.4(a) differs from this subsection (a) in two

significant aspects: (1) it states that compliance with the permit is compliance

with federal law, and (2) it enumerates exceptions when compliance with the

permit can violate federal law. The exceptions are intervening (1) statutory

requirements; (2) 40 CFR 268 land disposal restrictions; (3) 40 CFR 264 leak

detection requirements; and (4) subparts AA, BB, and CC of 40 CFR 266,

subparts AA, BB, and CC air emissions limitations. By not codifying the federal

exceptions, since they are not necessary in the Illinois program to accomplish the

intended purpose, the Board does not intend to imply that compliance with a

RCRA permit obviates immediate compliance with any of the events included in

the federal exceptions.

b) The issuance of a permit does not convey any property rights of any sort, or nor

does issuance convey any exclusive privilege.

c) The issuance of a permit does not authorize any injury to persons or property or

invasion of other private rights, or nor does issuance authorize any infringement

of State or local law or regulations, except as noted in subsection (a) above of this

Section.

BOARD NOTE: Derived from 40 CFR 144.35 (1994) and 40 CFR 270.4 (1994), as amended at

59 Fed. Reg. 62952 (Dec. 6, 1994) (2005).

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

Section 702.186 Revocation

The Board will revoke a permit during its term in accordance with Title VIII of the

Environmental Protection Act [415 ILCS 5/Title VIII] for the following causes:

a) The permittee’s violation of the Environmental Protection Act [415 ILCS 5] or

regulations adopted thereunder;

b) Noncompliance by the permittee with any condition of the permit;

c) The permittee’s failure in the application or during the permit issuance process to

disclose fully all relevant facts, or the permittee’s misrepresentation of any

relevant facts at any time; or

d) A determination that the permitted activity endangers human health or the

environment and can only be regulated to acceptable levels by permit

modification or revocation.

BOARD NOTE: Derived from 40 CFR 270.43 and 144.40 (1988) (2005).

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

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

703.102 Electronic Document Filing

703.110 References

SUBPART B: PROHIBITIONS

Section

703.120 Prohibitions in General

703.121 RCRA Permits

703.122 Specific Inclusions in Permit Program

703.123 Specific Exclusions from Permit Program

703.124 Discharges of Hazardous Waste

703.125 ReapplicationsReapplying for a Permit

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

703.144 RCRA Standardized Permits for Storage and Treatment Units

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

703.189 Additional Information Required to Assure Compliance with MACT Standards

703.191 Public Participation: Pre-Application Public Notice and Meeting

703.192 Public Participation: Public Notice of Application

703.193 Public Participation: Information Repository

703.200 Specific Part B Application Information

703.201 Containers

703.202 Tank Systems

703.203 Surface Impoundments

703.204 Waste Piles

703.205 Incinerators that Burn Hazardous Waste

703.206 Land Treatment

703.207 Landfills

703.208 Boilers and Industrial Furnaces Burning Hazardous Waste

703.209 Miscellaneous Units

703.210 Process Vents

703.211 Equipment

703.212 Drip Pads

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

703.214 Post-Closure Care Permits

SUBPART E: SHORT TERM AND PHASED SPECIAL FORMS OF PERMITS

Section

703.220 Emergency Permits

703.221 Alternative Compliance with the Federal NESHAPS

703.222 Incinerator Conditions Prior to Trial Burn

703.223 Incinerator Conditions During Trial Burn

703.224 Incinerator Conditions After Trial Burn

703.225 Trial Burns for Existing Incinerators

703.230 Land Treatment Demonstration

703.231 Research, Development and Demonstration Permits

703.232 Permits for Boilers and Industrial Furnaces Burning Hazardous Waste

703.234 Remedial Action Plans

SUBPART F: PERMIT CONDITIONS OR DENIAL

Section

703.240 Permit Denial

703.241 Establishing Permit Conditions

703.242 Noncompliance Pursuant to Emergency Permit

703.243 Monitoring

703.244 Notice of Planned Changes (Repealed)

703.245 Twenty-four Hour Reporting

703.246 Reporting Requirements

703.247 Anticipated Noncompliance

703.248 Information Repository

SUBPART G: CHANGES TO PERMITS

Section

703.260 Transfer

703.270 Modification

703.271 Causes for Modification

703.272 Causes for Modification or Reissuance

703.273 Facility Siting

703.280 Permit Modification at the Request of the Permittee

703.281 Class 1 Modifications

703.282 Class 2 Modifications

703.283 Class 3 Modifications

SUBPART H: REMEDIAL ACTION PLANS

Section

703.300 Special Regulatory Format

703.301 General Information

703.302 Applying for a RAP

703.303 Getting a RAP Approved

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

703.305 Operating Under A RAP

703.306 Obtaining a RAP for an Off-Site Location

SUBPART I: INTEGRATION WITH MAXIMUM ACHIEVABLE CONTROL

TECHNOLOGY (MACT) STANDARDS

Section

703.320 Options for Incinerators and Cement and Lightweight Aggregate Kilns to

Minimize Emissions from Startup, Shutdown, and Malfunction Events

SUBPART J—RCRA STANDARDIZED PERMITS FOR STORAGE AND

TREATMENT UNITS

Section

703.350 General Information About RCRA Standardized Permits

703.351 Applying for a RCRA Standardized Permit

703.352 Information That Must Be Kept at the Facility

703.353 Modifying a RCRA Standardized Permit

703.Appendix A Classification of Permit Modifications

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

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

SOURCE: Adopted in R82-19 at 7 Ill. Reg. 14289, effective October 12, 1983; amended in

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

April 13,

2005; amended in R06-5/R06-6/R06-7 at 30 Ill. Reg. 2845, effective February 23, 2006;

amended in R06-16/R06-17/R06-18 at 30 Ill. Reg. ________, effective

______________________.

SUBPART A: GENERAL PROVISIONS

Section 703.100 Scope and Relation to Other Parts

a) This Part requires RCRA permits, pursuant to Section 21(f) of the Environmental

Protection Act [415 ILCS 5/21(f)], for hazardous waste management (HWM)

facilities, which may include one or more treatment, storage, or disposal (TSD)

units. This Part also contains specific rules on applications for and issuance of

RCRA permits;

b) The provisions of 35 Ill. Adm. Code 702 contains contain general provisions on

applications for and issuance of RCRA permits. The provisions of 35 Ill. Adm.

Code 705 contains contain procedures to be followed by the Illinois

Environmental Protection Agency (Agency) in issuing RCRA permits;

c) The definitions of 35 Ill. Adm. Code 702.110 apply to this Part. 35 Ill. Adm.

Code 720 contains definitions applicable to the RCRA operating standards of 35

Ill. Adm. Code 720 through 728, 733, 738, and 739. 35 Ill. Adm. Code 721

defines “solid waste” and “hazardous waste”;

d) The standards of 35 Ill. Adm. Code 724 and 725 apply to HWM facilities required

to have RCRA permits. The provisions of 35 Ill. Adm. Code 722 and 723 contain

standards applicable to generators and transporters of hazardous waste.

e) The standards of 35 Ill. Adm. Code 727 set forth the specific procedural

requirements for a RCRA standardized permit, which alter the applicability of this

Part and 35 Ill. Adm. Code 702 and 705 in several regards as specified in the

affected provisions. A TSD that is otherwise subject to permitting under RCRA

and which meets the criteria in subsection (e)(1) or (e)(2) of this Section, may be

eligible for a RCRA standardized permit pursuant to Subpart J of this Part.

1) The facility generates hazardous waste and then non-thermally treats or

stores hazardous waste on-site in tanks, containers, or containment

buildings; or

2) The facility receives hazardous waste generated off-site by a generator

under the same ownership as the receiving facility, and the facility stores

or non-thermally treats the hazardous waste in containers, tanks, or

containment buildings.

BOARD NOTE: Subsection (e) of this Section is derived from the final sentence

of 40 CFR 124.1(b), the second sentence of 40 CFR 270.1(b), and 40 CFR

270.1(b)(1) and (b)(2) (2005), as amended at 70 Fed. Reg. 53420 (Sep. 8, 2005).

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

Section 703.101 Purpose

a) The purpose of this Part is to provide for the issuance of RCRA permits to satisfy

the permit requirement of Section 21(f) of the Environmental Protection Act [415

ILCS 5/21(f)];

b) This Part is adopted in order to obtain final authorization from the United States

Environmental Protection Agency (USEPA) for the State of Illinois to participate

in permit issuance pursuant to the federal Resource Conservation and Recovery

Act (RCRA) (42 USC 6901).

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

Section 703.102 Electronic Document Filing

The filing of any document pursuant to any provision of this Part as an electronic document is

subject to 35 Ill. Adm. Code 720.104.

BOARD NOTE: Derived from 40 CFR 3, as added, and 40 CFR 271.10(b), 271.11(b), and

271.12(h) (2005), as amended at 70 Fed. Reg. 59848 (Oct. 13, 2005).

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

SUBPART B: PROHIBITIONS

Section 703.123 Specific Exclusions from Permit Program

The following persons are among those that are not required to obtain a RCRA permit:

a) Generators

A generator that accumulate accumulates hazardous waste on-site for

less than the time periods provided in 35 Ill. Adm. Code 722.134;

b) Farmers

A farmer that dispose disposes of hazardous waste pesticides from their

its own use, as provided in 35 Ill. Adm. Code 722.170;

c) Persons

A person that own owns or operate facilities operates a facility solely for

the treatment, storage, or disposal of hazardous waste excluded from regulations

under pursuant to this Part by 35 Ill. Adm. Code 721.104 or 721.105 (small

generator exemption);

d) An owner or operator of a totally enclosed treatment facility, as defined in 35 Ill.

Adm. Code 720.110;

e) An owner or operator of an elementary neutralization unit or wastewater

treatment unit, as defined in 35 Ill. Adm. Code 720.110;

f) A transporter that stores manifested shipments of hazardous waste in containers

that meet the requirements of 35 Ill. Adm. Code 722.130 at a transfer facility for a

period of ten days or less;

g) A person who that adds absorbent material to waste in a container (as defined in

35 Ill. Adm. Code 720.110) or a person who that adds waste to absorbent material

in a container, provided that these actions occur at the time waste is first placed in

the container; and 35 Ill. Adm. Code 724.117(b), 724.271, and 724.272 are

complied with; and

h) A universal waste handler or universal waste transporter (as defined in 35 Ill.

Adm. Code 720.110) that manages the wastes listed in subsections (h)(1) through

(h)(5) of this Section. Such a handler or transporter is subject to regulation under

pursuant to 35 Ill. Adm. Code 733.

1) Batteries, as described in 35 Ill. Adm. Code 733.102;

2) Pesticides, as described in 35 Ill. Adm. Code 733.103;

3) Thermostats,

Mercury-containing equipment, as described in 35 Ill. Adm.

Code 733.104; and

4) Lamps, as described in 35 Ill. Adm. Code 733.105.

Mercury-containing equipment, as described in 35 Ill. Adm. Code

733.106.

BOARD NOTE: Subsection (h)(5) of this Section 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] (See P.A. 93-964, effective August 20, 2004).

BOARD NOTE: Derived from 40 CFR 270.1(c)(2) (2002) (2005), as amended at 70 Fed. Reg.

59848 (Oct. 13, 2005).

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

Section 703.125 ReapplicationsReapplying for a Permit

Any HWM facility with an effective permit must submit a new application at least 180 days

before the expiration date of the effective permit, unless permission for a later date has been

granted by the Agency. (The Agency must not grant permission for applications to be submitted

later than the expiration date of the existing permit.)

If a facility owner or operator has an effective permit and it wants to reapply for a new one, it

has the following two options:

a) The owner or operator may submit a new application at least 180 days before the

expiration date of the effective permit, unless the Agency allows a later date; or

b) If the owner or operator intends to be covered by a RCRA standardized permit, it

may submit a Notice of Intent, as described in 35 Ill. Adm. Code 702.125(e)(1) at

least 180 days before the expiration date of the effective permit, unless the

Agency allows a later date. The Agency may not allow the owner or operator to

submit an application or Notice of Intent later than the expiration date of the

existing permit, except as allowed by 35 Ill. Adm. Code 702.125(e)(2).

BOARD NOTE: Derived from 40 CFR 270.10(h) (2002) (2005), as amended at 70 Fed. Reg.

53420 (Sep. 8, 2005).

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

SUBPART C: AUTHORIZATION BY RULE AND INTERIM

STATUSSPECIAL FORMS OF PERMITS

Section 703.144 RCRA Standardized Permits for Storage and Treatment Units

A RCRA standardized permits is a special form of permit for the owner or operator of a TSD

that engages in either of the following activities:

a) It generates hazardous waste and then non-thermally treats or stores the hazardous

waste on-site in tanks, containers, or containment buildings; or

b) It receives hazardous waste generated off-site by a generator under the same

ownership as the receiving facility, and then it stores or non-thermally treats the

hazardous waste in containers, tanks, or containment buildings. The owner or

operator of a facility operating under a RCRA standardized permit is regulated

pursuant to Subpart J of this Part, Subpart G of 35 Ill. Adm. Code 705, and 35 Ill.

Adm. Code 727.

BOARD NOTE: Derived from 40 CFR 270.67, as added at 70 Fed. Reg. 53420 (Sep. 8, 2005).

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

SUBPART D: APPLICATIONS

Section 703.184 Facility Location Information

a) In order to show compliance with the facility location requirements of Section

21(l) of the Environmental Protection Act [415 ILCS 5/21(l)], the owner or

operator must include the following information, or a demonstration that Section

21(l) does not apply:

1) Location

The location of any active or inactive shaft or tunneled mine

below the facility;

2) Location

The location of any active faults in the earth’s crust within two

miles of the facility boundary;

3) Location

The location of existing private wells or existing sources of a

public water supply within 1000 feet of any disposal unit boundary;

4) Location

The location of the corporate boundaries of any municipalities

within one and one-half miles of the facility boundary;

BOARD NOTE: Subsections (a)(1), (a)(2), (a)(3), and (a)(4) of this

Section request information necessary to allow the Agency to determine

the applicability of Section 21(l) of the Environmental Protection Act [415

ILCS 5/21(l)] requirements. These provisions are not intended to modify

the requirements of the Act. For example, the operator is required to give

the location of wells on its own property, even though the Agency might

find that these do not prohibit the site location.

5) Documentation showing approval of municipalities if such approval is required

by Section 21(l) of the Environmental Protection Act [415 ILCS 5/21(l)];

b) This subsection (b) corresponds with 40 CFR 270.14(b)(11)(ii), which USEPA

pertains exclusively to facilities located in certain federally listed seismic zones,

none of which is in Illinois. This statement maintains structural consistency with

the corresponding federal rules.

c) An

A facility owner or operator of all facilities must provide an identification of

whether the facility is located within a 100-year floodplain. This identification

must indicate the source of data for such determination and include a copy of the

relevant flood map produced by the Federal Emergency Management Agency,

National Flood Insurance Program (NFIP), if used, or the calculations and maps

used where a NFIP map is not available. Information must also be provided

identifying the 100-year flood level and any other special flooding factors (e.g.,

wave action) that must be considered in designing, constructing, operating, or

maintaining the facility to withstand washout from a 100-year flood;

BOARD NOTE: NFIP maps are available as follows: Flood Map Distribution

Center, National Flood Insurance Program, Federal Emergency Management

Agency, 6930 (A-F) San Tomas Road, Baltimore, MD 21227-6227. 800-638-

6620; and, Illinois Floodplain Information Depository, State Water Survey, 514

WSRC, University of Illinois, Urbana, IL 61801. 217-333-0447. Where NFIP

maps are available, they will normally be determinative of whether a facility is

located within or outside of the 100-year flood plain. However, where the NFIP

map excludes an area (usually areas of the flood plain less than 200 feet in width),

these areas must be considered and a determination made as to whether they are

in the 100-year floodplain. Where NFIP maps are not available for a proposed

facility location, the owner or operator must use equivalent mapping techniques to

determine whether the facility is within the 100-year floodplain, and if so located,

what is the 100-year flood elevation.

d) An owner or operator of facilities a facility located in the 100-year floodplain

must provide the following information:

1) Engineering analysis to indicate the various hydrodynamic and hydrostatic

forces expected to result at the site as a consequence of a 100-year flood;

2) Structural or other engineering studies showing the design of operational

units (e.g., tanks, incinerators) and flood protection devices (e.g.,

floodwalls, dikes) at the facility and how these will prevent washout;

3) If applicable, and in lieu of subsections (d)(1) and (d)(2) of this Section, a

detailed description of procedures to be followed to remove hazardous

waste to safety before the facility is flooded, including the following:

A) Timing of such movement relative to flood levels, including

estimated time to move the waste, to show that such movement can

be completed before floodwaters reach the facility;

B) A description of the locations to which the waste will be moved

and demonstration that those facilities will be eligible to receive

hazardous waste in accordance with 35 Ill. Adm. Code 702, 703,

and 724, and 725 through 727;

C) The planned procedures, equipment, and personnel to be used and

the means to ensure that such resources will be available in time

for use; and

D) The potential for accidental discharges of the waste during

movement;

e) An owner or operator of an existing facilities facility not in compliance with 35

Ill. Adm. Code 724.118(b) must provide a plan showing how the facility will be

brought into compliance and a schedule for compliance. Such an owner or

operator must file a concurrent variance petition with the Board; and

f) An owner or operator of a new regional pollution control facility, as defined in

Section 3 of the Environmental Protection Act [415 ILCS 5/3], must provide

documentation showing site location suitability from the county board or other

governing body as provided by Section 39(c) and 39.2 of that Act [415 ILCS

5/39(c) and 39.2].

BOARD NOTE: Subsections (b) (c) through (e) of this Section are derived from 40 CFR

270.14(b)(11)(iii) through (b)(11)(v) (2002). The Board has not codified an equivalent to 40

CFR 270.14(b)(11)(i) and (b)(11)(ii), relating to certain seismic zones not located within Illinois.

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

Section 703.188 Other Information

The Agency may require a permittee or applicant to submit information in order to establish

permit conditions under pursuant to Section 703.241(a)(2) (conditions necessary to adequately

protect human health and the environment) and 35 Ill. Adm. Code 702.161 (duration of permits).

BOARD NOTE: Derived from 40 CFR 270.10(k) (2002).

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

Section 703.189 Additional Information Required to Assure Compliance with MACT

Standards

If the Agency determines, based on one or more of the factors listed in subsection (a) of this

Section that compliance with the standards of subpart EEE of 40 CFR 63 alone may not

adequately protect human health and the environment, the Agency must require the additional

information or assessments necessary to determine whether additional controls are necessary to

ensure adequate protection of human health and the environment. This includes information

necessary to evaluate the potential risk to human health or the environment resulting from both

direct and indirect exposure pathways. The Agency may also require a permittee or applicant to

provide information necessary to determine whether such an assessments should be required.

a) The Agency shall base the evaluation of whether compliance with the standards

of subpart EEE of 40 CFR 63 alone adequately protects human health and the

environment on factors relevant to the potential risk from a hazardous waste

combustion unit, including, as appropriate, any of the following factors:

1) Particular site-specific considerations such as proximity to receptors (such

as schools, hospitals, nursing homes, day care centers, parks, community

activity centers, or other potentially sensitive receptors), unique dispersion

patterns, etc.;

2) The identities and quantities of emissions of persistent, bioaccumulative or

toxic pollutants considering enforceable controls in place to limit those

pollutants;

3) The identities and quantities of non-dioxin products of incomplete

combustion most likely to be emitted and to pose significant risk based on

known toxicities (confirmation of which should be made through

emissions testing);

4) The identities and quantities of other off-site sources of pollutants in

proximity of the facility that significantly influence interpretation of a

facility-specific risk assessment;

5) The presence of significant ecological considerations, such as the

proximity of a particularly sensitive ecological area;

6) The volume and types of wastes, for example wastes containing highly

toxic constituents;

7) Other on-site sources of hazardous air pollutants that significantly

influence interpretation of the risk posed by the operation of the source in

question;

8) Adequacy of any previously conducted risk assessment, given any

subsequent changes in conditions likely to affect risk; and

9) Such other factors as may be appropriate.

b) This subsection (b) corresponds with 40 CFR 270.10(l)(b), which USEPA has

marked “Reserved.” This statement maintains structural consistency with the

corresponding federal rules.

BOARD NOTE: Derived from 40 CFR 270.10(l), as added at 70 Fed. Reg. 59402 (Oct. 12,

2005).

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

Section 703.191 Public Participation: Pre-Application Public Notice and Meeting

a) Applicability. The requirements of this Section must apply to any RCRA Part B

application seeking an initial permit for a hazardous waste management unit. The

requirements of this Section must also apply to any RCRA Part B application

seeking renewal of a permit for such a unit, where the renewal application is

proposing a significant change in facility operations. For the purposes of this

Section, a “significant change” is any change that would qualify as a class 3

permit modification under pursuant to Section 703.283 and Appendix A to this

Part. The requirements of this Section do not apply to permit modifications under

pursuant to Sections 703.280 through 703.283 or to applications that are

submitted for the sole purpose of conducting post-closure activities or post-

closure activities and corrective action at a facility. The requirements of this

Section also apply to a hazardous waste management facility for which facility

the owner or operator is seeking coverage under a RCRA standardized permit (see

Subpart J of this Part), including renewal of a RCRA standardized permit for such

a unit, where the renewal is proposing a significant change in facility operations,

as defined at 35 Ill. Adm. Code 705.304(a)(3). The requirements of this Section

do not apply to any permit modification pursuant to Sections 703.280 through

703.283 or to any application that is submitted for the sole purpose of conducting

post-closure activities or post-closure activities and corrective action at a facility.

b) Prior to the submission of a RCRA Part B permit application for a facility or to

the submission of a written Notice of Intent to be covered by a RCRA

standardized permit (see Subpart J of this Part), the applicant must hold at least

one meeting with the public in order to solicit questions from the community and

inform the community of its proposed hazardous waste management activities.

The applicant must post a sign-in sheet or otherwise provide a voluntary

opportunity for attendees to provide their names and addresses.

c) The applicant must submit to the Agency, as part of its RCRA Part B permit

application or to the submission of a written Notice of Intent to be covered by a

RCRA standardized permit (see Subpart J of this Part), a summary of the meeting,

along with the list of attendees and their addresses developed under pursuant to

subsection (b) of this Section and copies of any written comments or materials

submitted at the meeting, in accordance with Section 703.183.

d) The applicant must provide public notice of the pre-application meeting at least

30 days prior to the meeting. The applicant must maintain documentation of the

notice and provide that documentation to the permitting agency upon request.

1) The applicant must provide public notice in each of the following forms:

A) A newspaper advertisement. The applicant must publish a notice

in a newspaper of general circulation in the county that hosts the

proposed location of the facility. The notice must fulfill the

requirements set forth in subsection (d)(2) of this Section. In

addition, the Agency must instruct the applicant to publish the

notice in newspapers of general circulation in adjacent counties,

where the Agency determines that such publication is necessary to

inform the affected public. The notice must be published as a

display advertisement.

B) A visible and accessible sign. The applicant must post a notice on

a clearly marked sign at or near the facility. The notice must fulfill

the requirements set forth in subsection (d)(2) of this Section. If

the applicant places the sign on the facility property, then the sign

must be large enough to be readable from the nearest point where

the public would pass by the site.

C) A broadcast media announcement. The applicant must broadcast a

notice at least once on at least one local radio station or television

station. The notice must fulfill the requirements set forth in

subsection (d)(2) of this Section. The applicant may employ

another medium with prior approval of the Agency.

D) A notice to the Agency. The applicant must send a copy of the

newspaper notice to the permitting agency and to the appropriate

units of State and local government, in accordance with 35 Ill.

Adm. Code 705.163(a).

2) The notices required under pursuant to subsection (d)(1) of this Section

must include the following:

A) The date, time, and location of the meeting;

B) A brief description of the purpose of the meeting;

C) A brief description of the facility and proposed operations,

including the address or a map (e.g., a sketched or copied street

map) of the facility location;

D) A statement encouraging people to contact the facility at least 72

hours before the meeting if they need special access to participate

in the meeting; and

E) The name, address, and telephone number of a contact person for

the applicant.

BOARD NOTE: Derived from 40 CFR 124.31 (2002) (2005), as amended at 70 Fed. Reg.

53420 (Sep. 8, 2005).

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

Section 703.192 Public Participation: Public Notice of Application

a) Applicability. The requirements of this Section must apply to any RCRA Part B

application seeking an initial permit for a hazardous waste management unit. The

requirements of this Section must also apply to any RCRA Part B application

seeking renewal of a permit for such a unit under pursuant to 35 Ill. Adm. Code

702.125. The requirements of this Section do not apply to hazardous waste units

for which facility owners or operators are seeking coverage under a RCRA

standardized permit (see Subpart J of this Part). The requirements of this Section

also do not apply to permit modifications under pursuant to Sections 703.280

through 703.283 or a permit application submitted for the sole purpose of

conducting post-closure activities or post-closure activities and corrective action

at a facility.

b) Notification at application submittal.

1) The Agency must provide public notice, as set forth in 35 Ill. Adm. Code

705.161, and notice to appropriate units of State and local government, as

set forth in 35 Ill. Adm. Code 705.163(a)(5), that a Part B permit

application has been submitted to the Agency and is available for review.

2) The notice must be published within 30 calendar days after the application

is received by the Agency. The notice must include the following

information:

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

B) The name and telephone number of the appropriate Agency

regional office, as directed by the Agency, and a mailing address to

which information, opinions, and inquiries may be directed

throughout the permit review process;

C) An address to which people can write in order to be put on the

facility mailing list;

D) The location where copies of the permit application and any

supporting documents can be viewed and copied;

E) A brief description of the facility and proposed operations,

including the address or a map (e.g., a sketched or copied street

map) of the facility location on the front page of the notice; and

F) The date that the application was submitted.

c) Concurrent with the notice required under pursuant to subsection (b) of this

Section, the Agency must place the permit application and any supporting

documents in a location accessible to the public in the vicinity of the facility or at

the Agency regional office appropriate for the facility.

BOARD NOTE: Derived from 40 CFR 124.32 (2002) (2005), as amended at 70 Fed. Reg.

53420 (Sep. 8, 2005).

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

Section 703.205 Incinerators that Burn Hazardous Waste

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

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

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

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

(ignitable, corrosive, or reactive wastes only), the applicant must fulfill 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

pursuant to 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 through 703.224.

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

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

following:

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

will be burned;

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

waste;

C) An identification of any hazardous organic constituents listed in

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

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

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

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

constituents excluded from analysis must be identified and the

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

appropriate analytical methods;

D) An approximate quantification of the hazardous constituents

identified in the waste, within the precision produced by the

appropriate analytical methods; 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;

BOARD NOTE: The federal regulations do not themselves define the

phrase “appropriate analytical methods,” but USEPA did include a

definition in its preamble discussion accompanying the rule. The Board

directs attention to the following segment (at 70 Fed. Reg. 34538, 34541

(June 14, 2005)) for the purposes of subsections (b)(1)(C) and (b)(1)(D) of

this Section:

[T]wo primary considerations in selecting an appropriate method,

which together serve as our general definition of an appropriate

method [are the following] . . .:

1. Appropriate methods are reliable and accepted as such in the

scientific community.

2. Appropriate methods generate effective data.

USEPA went on to further elaborate these two concepts and to specify

other documents that might provide guidance.

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

following:

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

B) Type of incinerator;

C) Linear dimension of incinerator unit including cross sectional area

of combustion chamber;

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

E) Capacity of prime mover;

F) Description of automatic waste feed cutoff systems;

G) Stack gas monitoring and pollution control monitoring system;

H) Nozzle and burner design;

I) Construction materials; and

J) Location and description of temperature, pressure and flow

indicating devices and control devices;

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

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

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

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

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

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

in the waste for which burn data are provided;

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

compared with that for which comparative burn data are available;

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

burns, including the following:

A) Sampling and analysis techniques used to calculate performance

standards in 35 Ill. Adm. Code 724.443;

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

carbon monoxide, and an appropriate indicator of combustion gas

velocity (including a statement concerning the precision and

accuracy of this measurement); and

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

Section;

6) The expected incinerator operation information to demonstrate compliance

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

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

B) Waste feed rate;

C) Combustion zone temperature;

D) Indication of combustion gas velocity;

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

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

G) Expected hydrochloric acid removal efficiency;

H) Expected fugitive emissions and their control procedures; and

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

significant operating parameters;

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

additional information as may be necessary for the Agency to determine

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

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

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

and

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

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

Organic Hazardous Constituents (permit POHCs) those constituents for

which destruction and removal efficiencies will be required.

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

following:

1) The wastes are sufficiently similar; and

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

burns are adequate to specify (under pursuant to 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

the owner or operator of a hazardous waste incineration unit becomes

subject to RCRA permit requirements after October 12, 2005, or when the owner

or operator of an existing hazardous waste incineration unit demonstrates

compliance with the air emission standards and limitations of the federal National

Emission Standards for Hazardous Air Pollutants (NESHAPs) in subpart EEE of

40 CFR 63 (National Emission Standards for Hazardous Air Pollutants from

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

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

a Notification of Compliance under pursuant to 40 CFR 63.1207(j) and

63.1210(b) 63.1210(d) documenting compliance with all applicable requirements

of subpart EEE of 40 CFR 63), 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, 703.189,

and 703.241(b)(2)(a)(2) and (a)(3).

BOARD NOTE: Operating conditions used to determine effective treatment of

hazardous waste remain effective after the owner or operator demonstrates

compliance with the standards of subpart EEE of 40 CFR 63.

BOARD NOTE: Derived from 40 CFR 270.19 (2005), as amended at 70 Fed. Reg. 59402 (Oct.

12, 2005).

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

Section 703.208 Boilers and Industrial Furnaces Burning Hazardous Waste

When the owner or operator of a cement or lightweight aggregate kiln, lightweight aggregate

kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace becomes subject

to RCRA permit requirements after October 12, 2005, or when the owner or operator of an

existing cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or

hydrochloric acid production furnace demonstrates compliance with the air emission standards

and limitations of the federal National Emission Standards for Hazardous Air Pollutants

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

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

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

of Compliance under pursuant to 40 CFR 63.1207(j) and 63.1210(b) 63.1210(d) documenting

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

this Section do not apply, except those provisions that. The requirements of this section do

apply, however, if the Agency determines certain provisions 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; or if the facility is an area source and the owner or operator elects to comply with the

Sections 726.205, 726.206, and 726.207 standards and associated requirements for particulate

matter, hydrogen chloride and chlorine gas, and non-mercury metals; or if the Agency

determines that certain provisions apply, on a case-by-case basis, for purposes of information

collection in accordance with Sections 703.188, and 703.189, and 703.241(a)(2) and (a)(3).

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

Pursuant to subsections (a)(2) through (a)(5) of this Section

and 35 Ill. Adm. Code 726.204 through 726.207, the Agency may

waive a trial burn to demonstrate conformance with a particular

emission standard; and

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

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

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

A) Boilers operated under special operating requirements. When

seeking to be permitted under pursuant to 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 appropriate analytical

methods.

BOARD NOTE: The federal regulations do not themselves

define the phrase “appropriate analytical methods,” but

USEPA did include a definition in its preamble discussion

accompanying the rule. The Board directs attention to the

following segment (at 70 Fed. Reg. 34538, 34541 (June 14,

2005)) for the purposes of subsections (b)(1)(C) and

(b)(1)(D) of this Section:

[T]wo primary considerations in selecting an

appropriate method, which together serve as our

general definition of an appropriate method [are the

following] . . . :

1. Appropriate methods are reliable and

accepted as such in the scientific

community.

2. Appropriate methods generate effective

data.

USEPA went on to further elaborate these two concepts

and to specify other documents that might provide

guidance.

iii) Documentation of hazardous waste firing rates and

calculations of reasonable, worst-case emission rates of

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

Section using procedures provided by 35 Ill. Adm. Code

726.209(a)(2)(B).

iv) Results of emissions dispersion modeling for emissions

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

modeling procedures prescribed by 35 Ill. Adm. Code

726.206(h). The Agency must review the emission

modeling conducted by the applicant to determine

conformance with these procedures. The Agency must

either approve the modeling or determine that alternate or

supplementary modeling is appropriate.

v) Documentation that the maximum annual average ground

level concentration of each constituent identified in

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

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

does not exceed the allowable ambient level established in

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

ambient concentration for emitted constituents for which a

specific reference air concentration has not been

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

risk-specific doses has not been established in Appendix E

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

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

Adm. Code 726.

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

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

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

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

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

and industrial furnace feed stocks;

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

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

fuels and industrial furnace feedstocks, and calculations of the total

feed rate of each metal;

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

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

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

that subsection;

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

adjusted effective stack height), good engineering practice stack

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

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

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

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

stacks;

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

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

the screening limits; and

G) Proposed sampling and metals analysis plan for the hazardous

waste, other fuels, and industrial furnace feed stocks.

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

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

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

demonstrate conformance with the particulate standard), applicants must

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

and (a)(3) of this Section.

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

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

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

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

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

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

and industrial furnace feed stocks;

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

hazardous waste, other fuels and industrial furnace feedstocks, and

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

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

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

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

averaging period provided by that subsection;

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

engineering practice stack height, terrain type and land use as

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

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

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

stacks;

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

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

the screening limits; and

G) Proposed sampling and analysis plan for total chlorine and

chloride for the hazardous waste, other fuels, and industrial

furnace feedstocks.

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

from the trial burn requirements to demonstrate conformance with Section

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

information required by Section 703.232 from previous compliance testing

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

compliance testing or trial or operational burns of similar boilers or

industrial furnaces burning similar hazardous wastes under similar

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

waiver, the design and operating information required by Section 703.232

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

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

information must be provided. The Agency must approve a permit

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

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

operating conditions are sufficiently similar, and the data from other

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

(under pursuant to 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 pursuant to 35 Ill. Adm. Code 726.204(f) must submit the following

information at a minimum:

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

emissions from fuels and raw materials;

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

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

facility produced normal products under normal operating conditions from

normal raw materials while burning normal fuels and when not burning

hazardous waste;

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

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

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

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

operating conditions that affect combustion of fuels and destruction of

hydrocarbon emissions from nonfuel sources;

4) Trial burn plan to do the following:

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

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

level; and

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

concentrations of organic compounds listed in Appendix H to 35

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

waste;

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

facility that could reduce the baseline HC level and procedures to

periodically confirm the baseline HC level; and

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

purposes of this subsection (b).

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

under an alternative metals implementation approach under pursuant to 35 Ill.

Adm. Code 726.206(f), the owner or operator must submit documentation

specifying how the approach ensures compliance with the metals emissions

standards of 35 Ill. Adm. Code 726.106(c) or (d) and how the approach can be

effectively implemented and monitored. Further, the owner or operator must

provide such other information that the Agency finds necessary to achieve the

purposes of this subsection (c).

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

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

alarm systems that may be used.

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

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

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

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

Adm. Code 726.211.

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

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

submit information adequate to demonstrate conformance with those provisions.

BOARD NOTE: Derived from 40 CFR 270.22 (2005), as amended at 70 Fed. Reg. 59402 (Oct.

12, 2005).

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

Section 703.210 Process Vents

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

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

following additional information:

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

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

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

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

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

Code 724.932, including the following:

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

throughput and operating hours of each affected unit, estimated emission

rates for the affected vent and for the overall facility (i.e., the total

emissions for all affected vents at the facility), and the approximate

location within the facility of each affected unit (e.g., identify the

hazardous waste management units on a facility plot plan);

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

reduction achieved by add-on control devices based on engineering

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

estimates of vent emissions and emission reductions must be made using

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

concentrations) that represent the conditions that exist when the waste

management unit is operating at the highest load or capacity level

reasonably expected to occur; and

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

subject to 35 Ill. Adm. Code 724.932.

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

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

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

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

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

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

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

following:

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

documentation.

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

Adm. Code 724.933(k).

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

instrumentation diagrams based on the appropriate sections of “APTI

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

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

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

present basic control device design information. 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 (2005), as amended at 70 Fed. Reg. 59402 (Oct.

12, 2005).

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

Section 703.211 Equipment

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

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

following additional information:

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

applies, the following:

1) Equipment identification number and hazardous waste management unit

identification;

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

waste management unit on a facility plot plan);

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

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

equipment;

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

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

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

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

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

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

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

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

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

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

determine the organic removal efficiency or the total organic compound

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

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

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

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

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

further documentation if necessary to demonstrate compliance. Documentation to

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

following information:

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

documentation;

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

Adm. Code 724.933(j);

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

instrumentation diagrams based on the appropriate sections of “APTI

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

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

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

present basic control device design information. The design analysis must

address the vent stream characteristics and control device parameters, as

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

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

operating parameters used in the design analysis reasonably represent the

conditions that exist when the hazardous waste management unit is or

would be operating at the highest load or capacity level reasonably

expected to occur; and

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

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

or greater.

BOARD NOTE: Derived from 40 CFR 270.25 (2005), as amended at 70 Fed. Reg. 59402 (Oct.

12, 2005).

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

SUBPART E: SHORT TERM AND PHASED SPECIAL FORMS OF PERMITS

Section 703.220 Emergency Permits

a) Notwithstanding any other provision of this Part or 35 Ill. Adm. Code 702 or 705,

in the event that the Agency finds an imminent and substantial endangerment to

human health or the environment, the Agency may issue a temporary emergency

permit, as follows:

1) To a non-permitted facility to allow treatment, storage, or disposal of

hazardous waste; or

2) To a permitted facility to allow treatment, storage, or disposal of a

hazardous waste not covered by an effective permit.

b) This emergency permit must comply with all of the following requirements:

1) May be oral or written. If oral, it must be followed in five days by a

written emergency permit.

2) Shall not exceed 90 days in duration.

3) Shall clearly specify the hazardous wastes to be received and the manner

and location of their treatment, storage, or disposal.

4) May be terminated by the Agency at any time without process if it

determines that termination is appropriate to adequately protect human

health and the environment.

5) Shall be accompanied by a public notice published under pursuant to 35

Ill. Adm. Code 705.162 including the following:

A) Name and address of the office granting the emergency

authorization;

B) Name and location of the permitted HWM facility;

C) A brief description of the wastes involved;

D) A brief description of the action authorized and reasons for

authorizing it; and

E) Duration of the emergency permit.

6) Shall incorporate, to the extent possible and not inconsistent with the

emergency situation, all applicable requirements of this Part and 35 Ill.

Adm. Code 724.

7) Emergency permits that would authorize actions not in compliance with

Board rules, other than procedural requirements, require a variance or

provisional variance pursuant to Title IX of the Environmental Protection

Act and 35 Ill. Adm. Code 104 [415 ILCS 5/Title IX].

BOARD NOTE: Derived from 40 CFR 270.61 (2002) (2005).

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

Section 703.221 Alternative Compliance with the Federal NESHAPS

When an owner or operator of a hazardous waste incineration unit becomes subject to RCRA

permit requirements after October 12, 2005, or when an owner or operator of an existing

hazardous waste incineration unit demonstrates compliance with the air emission standards and

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

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

Hazardous Waste Combustors), incorporated by reference in 35 Ill. Adm. Code 720.111(b) (i.e.,

by conducting a comprehensive performance test and submitting a Notification of Compliance

under pursuant to 40 CFR 63.1207(j) and 63.1210(b) 63.1210(d) documenting compliance with

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

703.221 through 703.225 do not apply, except those provisions that the Agency determines are

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

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

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

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

of information collection in accordance with Sections 703.188, 703.189, and 703.241(a)(2) and

(a)(3).

BOARD NOTE: Derived from 40 CFR 270.62 preamble (2005), as amended at 70 Fed. Reg.

59402 (Oct. 12, 2005).

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

Section 703.231 Research, Development and Demonstration Permits

a) The Agency may issue a research, development, and demonstration permit for any

hazardous waste treatment facility that proposes to utilize an innovative and

experimental hazardous waste treatment technology or process for which permit

standards for such experimental activity have not been promulgated under

pursuant to 35 Ill. Adm. Code 724 or 726. Any such permit must include such

terms and conditions as will assure protection of adequately protect human health

and the environment. Such a permit must provide as follows:

1) It must provide for the construction of such facilities as necessary, and for

operation of the facility for not longer than one year, unless renewed as

provided in subsection (d) of this Section;

2) It must provide for the receipt and treatment by the facility of only those

types and quantities of hazardous waste necessary for purposes of

determining the efficacy and performance capabilities of the technology or

process and the effects of such technology or process on human health and

the environment; and

3) It must include such requirements as necessary to adequately protect

human health and the environment (including, but not limited to,

requirements regarding monitoring, operation, financial responsibility,

closure, and remedial action), and such requirements as necessary

regarding testing and providing of information to the Agency with respect

to the operation of the facility.

b) For the purpose of expediting review and issuance of permits under pursuant to

this Section, the Agency may, consistent with the adequate protection of human

health and the environment, modify or waive permit application and permit

issuance requirements in this Part and 35 Ill. Adm. Code 702 and 705 except that

there may be no modification or waiver of regulations regarding financial

responsibility (including insurance) or of procedures regarding public

participation.

c) Pursuant to Section 34 of the Act [415 ILCS 5/34], the Agency may order an

immediate termination of all operations at the facility at any time it determines

that termination is necessary to adequately protect human health and the

environment. The permittee may seek Board review of the termination pursuant

to Section 34(d) of the Act [415 ILCS 5/39(d)].

d) Any permit issued under pursuant to this Section may be renewed not more than

three times. Each such renewal must be for a period of not more than one year.

BOARD NOTE: Derived from 40 CFR 270.65 (2002) (2005).

(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 kiln, lightweight aggregate kiln, solid fuel boiler,

liquid fuel boiler, or hydrochloric acid production furnace becomes subject to RCRA permit

requirements after October 12, 2005 or when an owner or operator of an existing cement kiln,

lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production

furnace demonstrates compliance with the air emission standards and limitations of the federal

National Emission Standards for Hazardous Air Pollutants (NESHAPs) in subpart EEE of 40

CFR 63 (National Emission Standards for Hazardous Air Pollutants from Hazardous Waste

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

comprehensive performance test and submitting a Notification of Compliance under pursuant to

40 CFR 63.1207(j) and 63.1210(b) 63.1210(d) documenting compliance with all applicable

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

except those provisions that. The requirements of this section do apply, however, if the Agency

determines certain provisions 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,; or if the

facility is an area source and the owner or operator elects to comply with the Sections 726.205,

726.206, and 726.207 standards and associated requirements for particulate matter, hydrogen

chloride and chlorine gas, and non-mercury metals; or if the Agency determines certain

provisions apply, on a case-by-case basis, for purposes of information collection in accordance

with Sections 703.188, 270.10(l), and 703.241(a)(2) and (a)(3).

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 pursuant to 35 Ill. Adm. Code 726.202(e). Applicants

must propose a trial burn plan, prepared under pursuant to 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,

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.

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

appropriate analytical methods;

B) An approximate quantification of the hazardous constituents

identified in the hazardous waste, within the precision produced by

the appropriate analytical methods; 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.

BOARD NOTE: The federal regulations do not themselves define the

phrase “appropriate analytical methods,” but USEPA did include a

definition in its preamble discussion accompanying the rule. The Board

directs attention to the following segment (at 70 Fed. Reg. 34538, 34541

(June 14, 2005)) for the purposes of subsections (b)(1)(C) and (b)(1)(D) of

this Section:

[T]wo primary considerations in selecting an appropriate method,

which together serve as our general definition of an appropriate

method [are the following] . . . :

1. Appropriate methods are reliable and accepted as such in the

scientific community.

2. Appropriate methods generate effective data.

USEPA went on to further elaborate these two concepts and to specify

other documents that might provide guidance.

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

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 pursuant

to 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 pursuant to 35 Ill. Adm. Code

726.102(e); 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 pursuant to 35 Ill. Adm. Code 702.126.

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

pursuant to 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 pursuant to 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

pursuant to 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 pursuant to 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;

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

under pursuant to 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 pursuant to 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

pursuant to 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 Agency.

BOARD NOTE: Derived from 40 CFR 270.66 (2005), as amended at 70 Fed. Reg. 59402 (Oct.

12, 2005).

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

SUBPART F: PERMIT CONDITIONS OR DENIAL

Section 703.241 Establishing Permit Conditions

a) General conditions:

1) In addition to the conditions established under pursuant to 35 Ill. Adm.

Code 702.160(a), each RCRA permit must include permit conditions

necessary to achieve compliance with each of the applicable requirements

specified in 35 Ill. Adm. Code 724 and 726 through 728. In satisfying this

provision, the Agency may incorporate applicable requirements of 35 Ill.

Adm. Code 724 and 726 through 728 directly into the permit or establish

other permit conditions that are based on these Parts;

2) Each RCRA permit issued under pursuant to Section 39(d) of the

Environmental Protection Act [415 ILCS 5/39(d)] must contain terms and

conditions that the Agency determines are necessary to adequately protect

human health and the environment.

3) If, as the result of an assessments or other information, the Agency

determines that conditions, in addition to those required under subpart

EEE of 40 CFR 63 or 35 Ill. Adm. Code 724 or 725, are necessary to

ensure adequate protection of human health and the environment, the

Agency must include those terms and conditions in a RCRA permit for a

hazardous waste combustion unit.

BOARD NOTE: Subsection (a) derived from 270.32(b) (2002) (2005), as

amended at 70 Fed. Reg. 59402 (Oct. 12, 2006).

b) The conditions specified in this Subpart F, in addition to those set forth in 35 Ill.

Adm. Code 702.140 through 702.152, apply to all RCRA permits.

BOARD NOTE: Subsection (b) derived from 40 CFR 270.30 preamble (2002)

(2005).

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

SUBPART G: CHANGES TO PERMITS

Section 703.260 Transfer

a) A permit may be transferred by the permittee to a new owner or operator only if

the permit has been modified or reissued (under pursuant to subsection (b) of this

Section or Section 703.272) to identify the new permittee and incorporate such

other requirements as are necessary under the appropriate Act. The new owner or

operator to whom the permit is transferred must comply with all the terms and

conditions specified in such permit.

b) Changes in the ownership or operational control of a facility must be made as a

Class 1 modification with the prior written approval of the Agency in accordance

with Section 703.281 or as a routine change with prior Agency approval pursuant

to 35 Ill. Adm. Code 705.304(c). The new owner or operator must submit a

revised permit application no later than 90 days prior to the scheduled change. A

written agreement containing a specific date for transfer of permit responsibility

between the current and new permittees must also be submitted to the Agency.

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

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

724 (Financial Requirements), until the new owner or operator has demonstrated

compliance with that Subpart. The new owner or operator must demonstrate

compliance with that Subpart within six months after the date of change of

operational control of the facility. Upon demonstration to the Agency by the new

owner or operator of compliance with that Subpart, the Agency must notify the

old owner or operator that the old owner or operator no longer needs to comply

with that Subpart as of the date of demonstration.

BOARD NOTE: Derived from 40 CFR 270.40 (2002) (2005), as amended at 70 Fed. Reg.

53420 (Sep. 8, 2005).

BOARD NOTE: The new operator may be required to employ a chief operator that is certified

pursuant to 35 Ill. Adm. Code 745.

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

Section 703.270 Modification

When the Agency receives any information (for example, inspects the facility, receives

information submitted by the permittee, as required in the permit (see 35 Ill. Adm. Code 702.140

through 702.152 and Section 703.241 et seq.), receives a request for reissuance under pursuant to

35 Ill. Adm. Code 705.128 or conducts a review of the permit file) it may determine whether or

not one or more of the causes, listed in Sections 703.271 or 703.272, for modification,

reissuance, or both, exist. If cause exists, the Agency must modify or reissue the permit

accordingly, subject to the limitations of Section 703.273, and may request an updated

application if necessary. When a permit is modified, only the conditions subject to modification

are reopened. If a permit is reissued, the entire permit is reopened and subject to revision and the

permit is reissued for a new term. (see 35 Ill. Adm. Code 705.128(c)(2)) If cause does not exist

under pursuant to Section 703.271 or 703.272, the Agency must not modify or reissue the permit,

except on the request of the permittee. If a permit modification is requested by the permittee, the

Agency must approve or deny the request according to the procedures of Section 703.280 et seq

through 703.283 or Section 703.353 and Subpart G of 35 Ill. Adm. Code 705. Otherwise, a draft

permit must be prepared and other procedures in 35 Ill. Adm. Code 705 must be followed.

BOARD NOTE: Derived from the preamble to 40 CFR 270.41 (2002) (2005), as amended at 70

Fed. Reg. 53420 (Sep. 8, 2005).

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

Section 703.271 Causes for Modification

The following are cause for modification, but not reissuance, of permits; the following are cause

for reissuance as well as modification when the permittee requests or agrees:

a) Alterations. There are material and substantial alterations or additions to the

permitted facility or activity that occurred after permit issuance which justify the

application of permit conditions that are different or absent in the existing permit.

b) Information. The Agency has received information. Permits will be modified

during their terms for this cause only if the information was not available at the

time of permit issuance (other than revised regulations, guidance, or test methods)

and would have justified the application of different permit conditions at the time

of issuance.

c) New statutory requirements or regulations. The standards or regulations on which

the permit was based have been changed by statute, through promulgation of new

or amended standards or regulations, or by judicial decision after the permit was

issued.

d) Compliance schedules. The Agency determines good cause exists for

modification of a compliance schedule, such as an act of God, strike, flood,

materials shortage, or other events over which the permittee has little or no

control and for which there is no reasonably available remedy.

e) The Agency must also modify a permit as follows:

1) When modification of a closure plan is required under 35 Ill. Adm. Code

724.212(b) or 724.218(b).

2) After the Agency receives the notification of expected closure under 35

Ill. Adm. Code 724.213, when the Agency determines that extension of

the 90 or 180 day periods under 35 Ill. Adm. Code 724.213, modification

of the 30-year post-closure period under 35 Ill. Adm. Code 724.217(a),

continuation of security requirements under 35 Ill. Adm. Code 724.217(b),

or permission to disturb the integrity of the containment system under 35

Ill. Adm. Code 724.217(c) are unwarranted.

3) When the permittee has filed a request under 35 Ill. Adm. Code

724.247(c) for a modification to the level of financial responsibility or

when the Agency demonstrates under 35 Ill. Adm. Code 724.247(d) that

an upward adjustment of the level of financial responsibility is required.

4) When the corrective action program specified in the permit under 35 Ill.

Adm. Code 724.200 has not brought the regulated unit into compliance

with the groundwater protection standard within a reasonable period of

time.

5) To include a detection monitoring program meeting the requirements of

35 Ill. Adm. Code 724.198, when the owner or operator has been

conducting a compliance monitoring program under 35 Ill. Adm. Code

724.199 or a corrective action program under 35 Ill. Adm. Code 724.200,

and the compliance period ends before the end of the post-closure care

period for the unit.

6) When a permit requires a compliance monitoring program under 35 Ill.

Adm. Code 724.199, but monitoring data collected prior to permit

issuance indicate that the facility is exceeding the groundwater protection

standard.

7) To include conditions applicable to units at a facility that were not

previously included in the facility’s permit.

8) When a land treatment unit is not achieving complete treatment of

hazardous constituents under its current permit conditions.

f) Notwithstanding any other provision of this Section, when a permit for a land

disposal facility is reviewed under 35 Ill. Adm. Code 702.161(d), the Agency

must modify the permit as necessary to assure that the facility continues to

comply with the currently applicable requirements in this Part and 35 Ill. Adm.

Code 702, 703 and 720 through 726 727.

BOARD NOTE: Derived from 40 CFR 270.41(a) (2002) (2005).

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

Section 703.272 Causes for Modification or Reissuance

The following are causes to modify or, alternatively, reissue a permit:

a) This subsection (a) corresponds with 40 CFR 270.41(b)(1), which USEPA

pertains to termination of a permit, which is not possible through an

administrative action of the Agency. This statement maintains structural

consistency with the corresponding federal rules.

The Agency has received notification (as required in the permit, see 35 Ill. Adm.

Code 702.152(c)) of a proposed transfer of the permit.; or

c) The Agency has received notification under 35 Ill. Adm. Code 705.301(b)(2) of a

facility owner’s or operator’s intent to be covered by a RCRA standardized

permit.

BOARD NOTE: Derived from 40 CFR 270.41(b), as amended at 53 Fed. Reg. 37934,

September 28, 1988 (2005), as amended at 70 Fed. Reg. 53420 (Sep. 8, 2005).

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

Section 703.280 Permit Modification at the Request of the Permittee

a) Class 1 modifications. See Section 703.281.

b) Class 2 modifications. See Section 703.282.

c) Class 3 modifications. See Section 703.283.

d) Other modifications.

1) In the case of modifications not explicitly listed in Appendix A of this

Part, the permittee may submit a Class 3 modification request to the

Agency, or the permittee may request a determination by the Agency that

the modification be reviewed and approved as a Class 1 or Class 2

modification. If the permittee requests that the modification be classified

as a Class 1 or 2 modification, the permittee must provide the Agency

with the necessary information to support the requested classification.

2) The Agency must make the determination described in subsection (d)(1)

of this Section as promptly as practicable. In determining the appropriate

class for a specific modification, the Agency must consider the similarity

of the modification to other modifications codified in Appendix A of this

Part and the following criteria:

A) Class 1 modifications apply to minor changes that keep the permit

current with routine changes to the facility or its operation. These

changes do not substantially alter the permit conditions or reduce

the capacity of the facility to adequately protect human health or

the environment. In the case of Class 1 modifications, the Agency

may require prior approval.

B) Class 2 modifications apply to changes that are necessary to enable

a permittee to respond, in a timely manner, to any of the following:

i) Common variations in the types and quantities of the

wastes managed under the facility permit;

ii) Technological advances; and

iii) Changes necessary to comply with new regulations, where

these changes can be implemented without substantially

changing design specifications or management practices in

the permit.

C) Class 3 modifications substantially alter the facility or its

operation.

e) Temporary authorizations.

1) Upon request of the permittee, the Agency must, without prior public

notice and comment, grant the permittee a temporary authorization in

accordance with this subsection (e). Temporary authorizations have a

term of not more than 180 days.

2) Procedures.

A) The permittee may request a temporary authorization for the

following:

i) Any Class 2 modification meeting the criteria in subsection

(e)(3)(B) of this Section; and

ii) Any Class 3 modification that meets the criteria in

subsection (e)(3)(B)(i) of this Section or that meets the

criteria in subsections (e)(3)(B)(iii) through (e)(3)(B)(v) of

this Section and provides improved management or

treatment of a hazardous waste already listed in the facility

permit.

B) The temporary authorization request must include the following:

i) A description of the activities to be conducted under the

temporary authorization;

ii) An explanation of why the temporary authorization is

necessary; and

iii) Sufficient information to ensure compliance with 35 Ill.

Adm. Code 724 standards.

C) The permittee must send a notice about the temporary

authorization request to all persons on the facility mailing list

maintained by the Agency and to appropriate units of State and

local governments, as specified in 35 Ill. Adm. Code

705.163(a)(5). This notification must be made within seven days

after submission of the authorization request.

3) The Agency must approve or deny the temporary authorization as quickly

as practical. To issue a temporary authorization, the Agency must find as

follows:

A) That the authorized activities are in compliance with the standards

of 35 Ill. Adm. Code 724.

B) That the temporary authorization is necessary to achieve one of the

following objectives before action is likely to be taken on a

modification request:

i) To facilitate timely implementation of closure or corrective

action activities;

ii) To allow treatment or storage in tanks, containers, or

containment buildings, in accordance with 35 Ill. Adm.

Code 728;

iii) To prevent disruption of ongoing waste management

activities;

iv) To enable the permittee to respond to sudden changes in

the types or quantities of the wastes managed under the

facility permit; or

v) To facilitate other changes to adequately protect human

health and the environment.

4) A temporary authorization must be reissued for one additional term of up

to 180 days, provided that the permittee has requested a Class 2 or 3

permit modification for the activity covered in the temporary

authorization, and either of the following is true:

A) The reissued temporary authorization constitutes the Agency’s

decision on a Class 2 permit modification in accordance with

Section 703.282(f)(1)(D) or (f)(2)(D); or

B) The Agency determines that the reissued temporary authorization

involving a Class 3 permit modification request is warranted to

allow the authorized activities to continue while the modification

procedures of 35 Ill. Adm. Code 703.283 are conducted.

f) Public notice and appeals of permit modification decisions.

1) The Agency must notify persons on the facility mailing list and

appropriate units of State and local government within 10 days after any

decision to grant or deny a Class 2 or 3 permit modification request. The

Agency must also notify such persons within 10 days after an automatic

authorization for a Class 2 modification goes into effect under pursuant to

Section 703.282(f)(3) or (f)(5).

2) The Agency’s decision to grant or deny a Class 2 or 3 permit modification

request may be appealed under the permit appeal procedures of 35 Ill.

Adm. Code 705.212.

3) An automatic authorization that goes into effect under pursuant to Section

703.282(f)(3) or (f)(5) may be appealed under the permit appeal

procedures of 35 Ill. Adm. Code 705.212; however, the permittee may

continue to conduct the activities pursuant to the automatic authorization

until the Board enters a final order on the appeal notwithstanding the

provisions of 35 Ill. Adm. Code 705.204.

g) Newly regulated wastes and units.

1) The permittee is authorized to continue to manage wastes listed or

identified as hazardous under pursuant to 35 Ill. Adm. Code 721, or to

continue to manage hazardous waste in units newly regulated as hazardous

waste management units, if each of the following is true:

A) The unit was in existence as a hazardous waste facility with

respect to the newly listed or characterized waste or newly

regulated waste management unit on the effective date of the final

rule listing or identifying the waste, or regulating the unit;

B) The permittee submits a Class 1 modification request on or before

the date on which the waste becomes subject to the new

requirements;

C) The permittee is in compliance with the applicable standards of 35

Ill. Adm. Code 725 and 726;

D) The permittee also submits a complete class 2 or 3 modification

request within 180 days after the effective date of the rule listing or

identifying the waste, or subjecting the unit to management

standards under pursuant to 35 Ill. Adm. Code 724, 725, or 726;

and

E) In the case of land disposal units, the permittee certifies that such

unit is in compliance with all applicable requirements of 35 Ill.

Adm. Code 725 for groundwater monitoring and financial

responsibility requirements on the date 12 months after the

effective date of the rule identifying or listing the waste as

hazardous, or regulating the unit as a hazardous waste management

unit. If the owner or operator fails to certify compliance with all

these requirements, the owner or operator loses authority to

operate under pursuant to this Section.

2) New wastes or units added to a facility’s permit under pursuant to this

subsection (g) do not constitute expansions for the purpose of the 25

percent capacity expansion limit for Class 2 modifications.

h) Military hazardous waste munitions treatment and disposal. The permittee is

authorized to continue to accept waste military munitions notwithstanding any

permit conditions barring the permittee from accepting off-site wastes, if each of

the following is true:

1) The facility was in existence as a hazardous waste facility and the facility

was already permitted to handle the waste military munitions on the date

when the waste military munitions became subject to hazardous waste

regulatory requirements;

2) On or before the date when the waste military munitions become subject

to hazardous waste regulatory requirements, the permittee submits a Class

1 modification request to remove or amend the permit provision restricting

the receipt of off-site waste munitions; and

3) The permittee submits a complete Class 2 modification request within 180

days after the date when the waste military munitions became subject to

hazardous waste regulatory requirements.

i) Permit modification list. The Agency must maintain a list of all approved permit

modifications and must publish a notice once a year in a State-wide newspaper

that an updated list is available for review.

j) Combustion facility changes to meet federal 40 CFR 63 MACT standards. The

following procedures apply to hazardous waste combustion facility permit

modifications requested under pursuant to Appendix A, paragraph L(9) of this

Part.

1) A facility owner or operator must have complied with the federal

notification of intent to comply (NIC) requirements of 40 CFR 63.1210

that was in effect prior to October 11, 2000, (see Subpart EEE of 40 CFR

63 (2000), incorporated by reference in 35 Ill. Adm. Code 720.111(b)) in

order to request a permit modification under pursuant to this Section for

the purpose of technology changes needed to meet the standards of 40

CFR 63.1203, 63.1204, and 63.1205, incorporated by reference in 35 Ill.

Adm. Code 720.111(b).

2) If the Agency does not act to either approve or deny the request within 90

days of receiving it, the request must be deemed approved. The Agency

may, at its discretion, extend this 90-day deadline one time for up to 30

days by notifying the facility owner or operator in writing before the 90

days has expired. A facility owner or operator must comply with the NIC

requirements of 40 CFR 63.1210(b) and 63.1212(a) before a permit

modification can be requested under this section for the purpose of

technology changes needed to meet the 40 CFR 63.1215, 63.1216,

63.1217, 63.1218, 63.1219, 63.1220, and 63.1221 standards as added on

October 12, 2005, incorporated by reference in 35 Ill. Adm. Code

720.111(b).

k) Waiver of RCRA permit conditions in support of transition to the federal 40 CFR

63 MACT standards.

1) The facility owner or operator may request to have specific RCRA

operating and emissions limits waived by submitting a Class 1 permit

modification request under Appendix A of this Part, paragraph L.10. The

owner or operator must provide the information described in subsections

(k)(1)(A) though (k)(1)(C) of this Section, with Agency review subject to

the conditions of subsection (k)(1)(D) of this Section:

A) It must identify the specific RCRA permit operating and emissions

limits which you are requesting to waive;

B) It must provide an explanation of why the changes are necessary in

order to minimize or eliminate conflicts between the RCRA permit

and MACT compliance; and

C) It must discuss how the revised provisions will be sufficiently

protective.

D) The Agency must approve or deny the request within 30 days of

receipt of the request. The Agency may, at its discretion, extend

this 30-day deadline one time for up to 30 days by notifying the

facility owner or operator in writing.

2) To request this modification in conjunction with MACT performance

testing, where permit limits may only be waived during actual test events

and pretesting, as defined under 40 CFR 63.1207(h)(2)(i) and (h)(2)(ii),

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

aggregate time not to exceed 720 hours of operation (renewable at the

discretion of the Administrator) the owner or operator must fulfill the

conditions of subsection (k)(2)(A) of this Section, subject to the

conditions of subsection (k)(2)(B) of this Section:

A) It must submit its modification request to the Agency at the same

time it submits its test plans to the Agency.

B) The Agency may elect to approve or deny the request contingent

upon approval of the test plans.

BOARD NOTE: Derived from 40 CFR 270.42(d) through (j) (2002) (k) (2005), as amended at

70 Fed. Reg. 59402 (Oct. 12, 2005).

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

SUBPART H: REMEDIAL ACTION PLANS

Section 703.302 Applying for a RAP

a) Applying for a RAP. To apply for a RAP, an owner or operator must complete an

application, sign it, and submit it to the Agency according to the requirements in

this Subpart H.

BOARD NOTE: Subsection (a) is derived from 40 CFR 270.95 (2002).

b) The person who must obtain a RAP. When a facility or remediation waste

management site is owned by one person, but the treatment, storage, or disposal

activities are operated by another person, it is the operator’s duty to obtain a RAP,

except that the owner must also sign the RAP application.

BOARD NOTE: Subsection (b) is derived from 40 CFR 270.100 (2002).

c) The person who must sign the application and any required reports for a RAP. Both

the owner and the operator must sign the RAP application and any required reports

according to 35 Ill. Adm. Code 702.126(a), (b), and (c). In the application, both the

owner and the operator must also make the certification required under pursuant to

35 Ill. Adm. Code 702.126(d)(1). However, the owner may choose the alternative

certification under pursuant to 35 Ill. Adm. Code 702.126(d)(2) if the operator

certifies under pursuant to 35 Ill. Adm. Code 702.126(d)(1).

BOARD NOTE: Subsection (c) is derived from 40 CFR 270.105 (2002).

d) What an owner or operator must include in its application for a RAP. An owner or

operator must include the following information in its application for a RAP:

1) The name, address, and USEPA identification number of the remediation

waste management site;

2) The name, address, and telephone number of the owner and operator;

3) The latitude and longitude of the site;

4) The United States Geological Survey (USGS) or county map showing the

location of the remediation waste management site;

5) A scaled drawing of the remediation waste management site showing the

following:

A) The remediation waste management site boundaries;

B) Any significant physical structures; and

C) The boundary of all areas on-site where remediation waste is to be

treated, stored, or disposed of;

6) A specification of the hazardous remediation waste to be treated, stored, or

disposed of at the facility or remediation waste management site. This must

include information on the following:

A) Constituent concentrations and other properties of the hazardous

remediation wastes that may affect how such materials should be

treated or otherwise managed;

B) An estimate of the quantity of these wastes; and

C) A description of the processes an owner or operator will use to treat,

store, or dispose of this waste, including technologies, handling

systems, design, and operating parameters an owner or operator will

use to treat hazardous remediation wastes before disposing of them

according to the land disposal restrictions of 35 Ill. Adm. Code 728,

as applicable;

7) Enough information to demonstrate that operations that follow the

provisions in the owner’s or operator’s RAP application will ensure

compliance with applicable requirements of 35 Ill. Adm. Code 724, 726,

and 728;

8) Such information as may be necessary to enable the Agency to carry out its

duties under other federal laws as is required for traditional RCRA permits

under pursuant to Section 703.183(t);

9) Any other information the Agency decides is necessary for demonstrating

compliance with this Subpart H or for determining any additional RAP

conditions that are necessary to adequately protect human health and the

environment.

BOARD NOTE: Subsection (d) is derived from 40 CFR 270.110 (2002) (2005).

e) If an owner or operator wants to keep this information confidential. 35 Ill. Adm.

Code 120 allows an owner or operator to claim as confidential any or all of the

information an owner or operator submits to the Agency under pursuant to this

Subpart H. An owner or operator must assert any such claim at the time that the

owner or operator submits its RAP application or other submissions by stamping the

words “trade secret” in red ink, as provided in 35 Ill. Adm. Code 120.305. If an

owner or operator asserts a claim in compliance with 35 Ill. Adm. Code 120.201 at

the time it submits the information, the Agency must treat the information according

to the procedures in 35 Ill. Adm. Code 120. If an owner or operator does not assert

a claim at the time it submits the information, the Agency must make the

information available to the public without further notice to the owner or operator.

The Agency must deny any requests for confidentiality of an owner’s or operator’s

name or address.

BOARD NOTE: Subsection (e) is derived from 40 CFR 270.115 (2002) (2005).

f) To whom the owner or operator must submit its RAP application. An owner or

operator must submit its application for a RAP to the Agency for approval.

BOARD NOTE: Subsection (f) is derived from 40 CFR 270.120 (2002) (2005).

g) If an owner or operator submits its RAP application as part of another document,

what the owner or operator must do. If an owner or operator submits its application

for a RAP as a part of another document, an owner or operator must clearly identify

the components of that document that constitute its RAP application.

BOARD NOTE: Subsection (g) is derived from 40 CFR 270.125 (2002) (2005).

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

Section 703.303 Getting a RAP Approved

a) The process for approving or denying an application for a RAP.

1) If the Agency tentatively finds that an owner’s or operator’s RAP

application includes all of the information required by Section 703.302(d)

and that the proposed remediation waste management activities meet the

regulatory standards, the Agency must make a tentative decision to approve

the RAP application. The Agency must then prepare a draft RAP and

provide an opportunity for public comment before making a final decision

on the RAP application, according to this Subpart H.

2) If the Agency tentatively finds that the owner’s or operator’s RAP

application does not include all of the information required by Section

703.302(d) or that the proposed remediation waste management activities

do not meet the regulatory standards, the Agency may request additional

information from an owner or operator or ask an owner or operator to

correct deficiencies in the owner’s or operator’s application. If an owner or

operator fails or refuses to provide any additional information the Agency

requests, or to correct any deficiencies in its RAP application, the Agency

may either make a tentative decision to deny that owner’s or operator’s RAP

application or to approve that application with certain changes, as allowed

under pursuant to Section 39 of the Act [415 ILCS 5/39]. After making this

tentative decision, the Agency must prepare a notice of intent to deny the

RAP application (“notice of intent to deny”) or to approve that application

with certain changes and provide an opportunity for public comment before

making a final decision on the RAP application, according to the

requirements in this Subpart H.

BOARD NOTE: Subsection (a) is derived from 40 CFR 270.130 (2002) (2005).

b) What the Agency must include in a draft RAP. If the Agency prepares a draft RAP,

the draft must include the following information:

1) The information required under pursuant to Section 703.302(d)(1) through

(d)(6);

2) The following terms and conditions:

A) Terms and conditions necessary to ensure that the operating

requirements specified in the RAP comply with applicable

requirements of 35 Ill. Adm. Code 724, 726, and 728 (including any

recordkeeping and reporting requirements). In satisfying this

provision, the Agency may incorporate, expressly or by reference,

applicable requirements of 35 Ill. Adm. Code 724, 726, and 728 into

the RAP or establish site-specific conditions, as required or allowed

by 35 Ill. Adm. Code 724, 726, and 728;

B) The terms and conditions in Subpart F of this Part;

C) The terms and conditions for modifying, revoking and reissuing, and

terminating the RAP, as provided in Section 703.304(a); and

D) Any additional terms or conditions that the Agency determines are

necessary to adequately protect human health and the environment,

including any terms and conditions necessary to respond to spills

and leaks during use of any units permitted under the RAP; and

3) If the draft RAP is part of another document, as described in Section

703.301(a)(4)(B), the Agency must clearly identify the components of that

document that constitute the draft RAP.

BOARD NOTE: Subsection (b) is derived from 40 CFR 270.135 (2002) (2005).

c) What else the Agency must prepare in addition to the draft RAP or notice of intent

to deny. Once the Agency has prepared the draft RAP or notice of intent to deny, it

must then do the following:

1) Prepare a statement of basis that briefly describes the derivation of the

conditions of the draft RAP and the reasons for them, or the rationale for the

notice of intent to deny;

2) Compile an administrative record, including the following information:

A) The RAP application, and any supporting data furnished by the

applicant;

B) The draft RAP or notice of intent to deny;

C) The statement of basis and all documents cited therein (material

readily available at the applicable Agency office or published

material that is generally available need not be physically included

with the rest of the record, as long as it is specifically referred to in

the statement of basis); and

D) Any other documents that support the decision to approve or deny

the RAP; and

3) Make information contained in the administrative record available for

review by the public upon request.

BOARD NOTE: Subsection (c) is derived from 40 CFR 270.140 (2002) (2005).

d) The procedures for public comment on the draft RAP or notice of intent to deny.

1) The Agency must publish notice of its intent as follows:

A) Send notice to an owner or operator of its intention to approve or

deny the owner’s or operator’s RAP application, and send an owner

or operator a copy of the statement of basis;

B) Publish a notice of its intention to approve or deny the owner’s or

operator’s RAP application in a major local newspaper of general

circulation;

C) Broadcast its intention to approve or deny the owner’s or operator’s

RAP application over a local radio station; and

D) Send a notice of its intention to approve or deny the owner’s or

operator’s RAP application to each unit of local government having

jurisdiction over the area in which the owner’s or operator’s site is

located, and to each State agency having any authority under State

law with respect to any construction or operations at the site.

2) The notice required by subsection (d)(1) of this Section must provide an

opportunity for the public to submit written comments on the draft RAP or

notice of intent to deny within at least 45 days.

3) The notice required by subsection (d)(1) of this Section must include the

following information:

A) The name and address of the Agency office processing the RAP

application;

B) The name and address of the RAP applicant, and if different, the

remediation waste management site or activity the RAP will

regulate;

C) A brief description of the activity the RAP will regulate;

D) The name, address, and telephone number of a person from whom

interested persons may obtain further information, including copies

of the draft RAP or notice of intent to deny, statement of basis, and

the RAP application;

E) A brief description of the comment procedures in this Section, and

any other procedures by which the public may participate in the

RAP decision;

F) If a hearing is scheduled, the date, time, location, and purpose of the

hearing;

G) If a hearing is not scheduled, a statement of procedures to request a

hearing;

H) The location of the administrative record, and times when it will be

open for public inspection; and

I) Any additional information that the Agency considers necessary or

proper.

4) If, within the comment period, the Agency receives written notice of

opposition to its intention to approve or deny the owner’s or operator’s RAP

application and a request for a hearing, the Agency must hold an informal

public hearing to discuss issues relating to the approval or denial of the

owner’s or operator’s RAP application. The Agency may also determine on

its own initiative that an informal hearing is appropriate. The hearing must

include an opportunity for any person to present written or oral comments.

Whenever possible, the Agency must schedule this hearing at a location

convenient to the nearest population center to the remediation waste

management site and give notice according to the requirements in

subsection (d)(1) of this Section. This notice must, at a minimum, include

the information required by subsection (d)(3) of this Section and the

following additional information:

A) A reference to the date of any previous public notices relating to the

RAP application;

B) The date, time, and place of the hearing; and

C) A brief description of the nature and purpose of the hearing,

including the applicable rules and procedures.

BOARD NOTE: Subsection (d) is derived from 40 CFR 270.145 (2002) (2005).

e) How the Agency must make a final decision on a RAP application.

1) The Agency must consider and respond to any significant comments raised

during the public comment period or during any hearing on the draft RAP or

notice of intent to deny, and the Agency may revise the draft RAP based on

those comments, as appropriate.

2) If the Agency determines that the owner’s or operator’s RAP includes the

information and terms and conditions required in subsection (b) of this

Section, then it will issue a final decision approving the owner’s or

operator’s RAP and, in writing, notify the owner or operator and all

commenters on the owner’s or operator’s draft RAP that the RAP

application has been approved.

3) If the Agency determines that the owner’s or operator’s RAP does not

include the information required in subsection (b) of this Section, then it will

issue a final decision denying the RAP and, in writing, notify the owner or

operator and all commenters on the owner’s or operator’s draft RAP that the

RAP application has been denied.

4) If the Agency’s final decision is that the tentative decision to deny the RAP

application was incorrect, it must withdraw the notice of intent to deny and

proceed to prepare a draft RAP, according to the requirements in this

Subpart H.

5) When the Agency issues its final RAP decision, it must refer to the

procedures for appealing the decision under pursuant to subsection (f) of

this Section.

6) Before issuing the final RAP decision, the Agency must compile an

administrative record. Material readily available at the applicable Agency

office or published materials that are generally available and which are

included in the administrative record need not be physically included with

the rest of the record, as long as it is specifically referred to in the statement

of basis or the response to comments. The administrative record for the

final RAP must include information in the administrative record for the draft

RAP (see subsection (c)(2) of this Section) and the following items:

A) All comments received during the public comment period;

B) Tapes or transcripts of any hearings;

C) Any written materials submitted at these hearings;

D) The responses to comments;

E) Any new material placed in the record since the draft RAP was

issued;

F) Any other documents supporting the RAP; and

G) A copy of the final RAP.

7) The Agency must make information contained in the administrative record

available for review by the public upon request.

BOARD NOTE: Subsection (e) is derived from 40 CFR 270.150 (2002) (2005).

f) Administrative appeal of a decision to approve or deny a RAP application.

1) Any commenter on the draft RAP or notice of intent to deny, or any

participant in any public hearing on the draft RAP, may appeal the Agency’s

decision to approve or deny the owner’s or operator’s RAP application to

the Board under pursuant to 35 Ill. Adm. Code 705.212. Any person that

did not file comments, or did not participate in any public hearings on the

draft RAP, may petition for administrative review only to the extent of the

changes from the draft to the final RAP decision. Appeals of RAPs may be

made to the same extent as for final permit decisions under pursuant to 35

Ill. Adm. Code 705.201 (or a decision under pursuant to Section 703.240 to

deny a permit for the active life of a RCRA hazardous waste management

facility or unit). Instead of the notice required under pursuant to Subpart D

of 35 Ill. Adm. Code 705 and 705.212(c), the Agency must give public

notice of any grant of review of a RAP through the same means used to

provide notice under pursuant to subsection (d) of this Section. The notice

will include the following information:

A) The public hearing and any briefing schedule for the appeal, as

provided by the Board;

B) A statement that any interested person may participate in the public

hearing or file public comments or an amicus brief with the Board;

and

C) The information specified in subsection (d)(3) of this Section, as

appropriate.

2) This appeal is a prerequisite to seeking judicial review of these Agency

actions.

BOARD NOTE: Subsection (f) is derived from 40 CFR 270.155 (2002) (2005).

g) When a RAP becomes effective. A RAP becomes effective 35 days after the

Agency notifies the owner or operator and all commenters that the RAP is

approved, unless any of the following is true:

1) The Agency specifies a later effective date in its decision;

2) An owner or operator or another person has appealed the RAP under

pursuant to subsection (f) of this Section (if the RAP is appealed, and the

request for review is granted under pursuant to subsection (f), conditions of

the RAP are stayed according to 35 Ill. Adm. Code 705.202 through

705.204); or

3) No commenters requested a change in the draft RAP, in which case the RAP

becomes effective immediately when it is issued.

BOARD NOTE: Subsection (g) is derived from 40 CFR 270.160 (2002) (2005).

The corresponding federal provision provides 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 pursuant to Section

40(a)(1) of the Act [415 ILCS 5/40(a)(1)].

h) When an owner or operator may begin physical construction of new units permitted

under the RAP. An owner or operator must not begin physical construction of new

units permitted under the RAP for treating, storing, or disposing of hazardous

remediation waste before receiving a final, effective RAP.

BOARD NOTE: Subsection (h) is derived from 40 CFR 270.165 (2002) (2005).

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

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

a) After a RAP is issued, how it may be modified, revoked and reissued, or terminated.

In a RAP, the Agency must specify, either directly or by reference, procedures for

any future modification, revocation and reissuance, or termination of the RAP.

These procedures must provide adequate opportunities for public review and

comment on any modification, revocation and reissuance, or termination that would

significantly change the owner’s or operator’s management of its remediation

waste, or that otherwise merits public review and comment. If the RAP has been

incorporated into a traditional RCRA permit, as allowed under pursuant to Section

703.301(b)(3), then the RAP will be modified according to the applicable

requirements in Sections 703.260 through 703.283, revoked and reissued according

to the applicable requirements in 35 Ill. Adm. Code 702.186 and Sections 703.270

through 703.273, or terminated according to the applicable requirements of 35 Ill.

Adm. Code 702.186.

BOARD NOTE: Subsection (a) is derived from 40 CFR 270.170 (2002) (2005).

b) Reasons for which the Agency may choose to modify a final RAP.

1) The Agency may modify the owner’s or operator’s final RAP on its own

initiative only if one or more of the following reasons listed in this Section

exist. If one or more of these reasons do not exist, then the Agency must not

modify a final RAP, except at the request of the owner or operator. Reasons

for modification are the following:

A) The owner or operator made material and substantial alterations or

additions to the activity that justify applying different conditions;

B) The Agency finds new information that was not available at the time

of RAP issuance and would have justified applying different RAP

conditions at the time of issuance;

C) The standards or regulations on which the RAP was based have

changed because of new or amended statutes, standards, or

regulations or by judicial decision after the RAP was issued;

D) If the RAP includes any schedules of compliance, the Agency may

find reasons to modify the owner’s or operator’s compliance

schedule, such as an act of God, strike, flood, or materials shortage

or other events over which an owner or operator has little or no

control and for which there is no reasonably available remedy;

E) The owner or operator is not in compliance with conditions of its

RAP;

F) The owner or operator failed in the application or during the RAP

issuance process to disclose fully all relevant facts, or an owner or

operator misrepresented any relevant facts at the time;

G) The Agency has determined that the activity authorized by the

owner’s or operator’s RAP endangers human health or the

environment and can only be remedied by modifying the RAP; or

H) The owner or operator has notified the Agency (as required in the

RAP and under pursuant to 35 Ill. Adm. Code 702.152(c)) of a

proposed transfer of a RAP.

2) Notwithstanding any other provision in this Section, when the Agency

reviews a RAP for a land disposal facility under pursuant to Section

703.304(f), it may modify the permit as necessary to assure that the facility

continues to comply with the currently applicable requirements in 35 Ill.

Adm. Code 702, 703, 705, and 720 through 726 727.

3) The Agency must not reevaluate the suitability of the facility location at the

time of RAP modification unless new information or standards indicate that

a threat to human health or the environment exists that was unknown

when the RAP was issued.

BOARD NOTE: Subsection (b) is derived from 40 CFR 270.175 (2002) (2005).

c) Reasons for which the Agency may choose to revoke and reissue a final RAP.

1) The Agency may revoke and reissue a final RAP on its own initiative only if

one or more reasons for revocation and reissuance exist. If one or more

reasons do not exist, then the Agency must not modify or revoke and reissue

a final RAP, except at the owner’s or operator’s request. Reasons for

modification or revocation and reissuance are the same as the reasons listed

for RAP modifications in subsections (b)(1)(E) through (b)(1)(H) of this

Section if the Agency determines that revocation and reissuance of the RAP

is appropriate.

2) The Agency must not reevaluate the suitability of the facility location at the

time of RAP revocation and reissuance, unless new information or standards

indicate that a threat to human health or the environment exists that was

unknown when the RAP was issued.

BOARD NOTE: Subsection (c) is derived from 40 CFR 270.180 (2002) (2005).

d) Reasons for which the Agency may choose to terminate a final RAP, or deny a

renewal application. The Agency may terminate a final RAP on its own initiative or

deny a renewal application for the same reasons as those listed for RAP

modifications in subsections (b)(1)(E) through (b)(1)(G) of this Section if the

Agency determines that termination of the RAP or denial of the RAP renewal

application is appropriate.

BOARD NOTE: Subsection (d) is derived from 40 CFR 270.185 (2002) (2005).

e) Administrative appeal of an Agency decision to approve or deny a modification,

reissuance, or termination of a RAP.

1) Any commenter on the modification, reissuance, or termination, or any

100

person that participated in any hearing on these actions, may appeal the

Agency’s decision to approve a modification, reissuance, or termination of a

RAP, according to Section 703.303(f). Any person that did not file

comments or did not participate in any public hearing on the modification,

reissuance, or termination may petition for administrative review only of the

changes from the draft to the final RAP decision.

2) Any commenter on the modification, reissuance, or termination, or any

person that participated in any hearing on these actions, may appeal the

Agency’s decision to deny a request for modification, reissuance, or

termination to the Board. Any person that did not file comments or who did

not participate in any public hearing on the modification, reissuance, or

termination may petition for administrative review only of the changes from

the draft to the final RAP decision.

3) The procedure for appeals of RAPs is as follows:

A) The person appealing the decision must send a petition to the Board

pursuant to 35 Ill. Adm. Code 101 and 105. The petition must

briefly set forth the relevant facts, state the defect or fault that serves

as the basis for the appeal, and explain the basis for the petitioner’s

legal standing to pursue the appeal.

B) The Board has 120 days after receiving the petition to act on it.

C) If the Board does not take action on the petition within 120 days

after receiving it, the appeal must be considered denied.

BOARD NOTE: Corresponding 40 CFR 270.190(c)(2) and (c)(3)

(2002) allow 60 days for administrative review, which is too short a

time for the Board to publish the appropriate notices, conduct public

hearings, and conduct its review. Rather, the Board has borrowed

the 120 days allowed as adequate time for Board review of permit

appeals provided in Section 40(a)(2) of the Act [415 ILCS

5/40(a)(2)].

4) This appeal is a prerequisite to seeking judicial review of the Agency action

on the RAP.

BOARD NOTE: Subsection (e) is derived from 40 CFR 270.190 (2002) (2005).

The corresponding federal provisions provide for informal appeal of an Agency

RAP decision. There is no comparable informal procedure under pursuant to

Sections 39 and 40 of the Act [415 ILCS 5/39 and 40].

f) Expiration of a RAP. RAPs must be issued for a fixed term, not to exceed ten years,

although they may be renewed upon approval by the Agency in fixed increments of

101

no more than ten years. In addition, the Agency must review any RAP for

hazardous waste land disposal five years after the date of issuance or reissuance and

the owner or operator or the Agency must follow the requirements for modifying

the RAP as necessary to assure that the owner or operator continues to comply with

currently applicable requirements in the Act and federal RCRA sections 3004 and

3005 (42 USC 6904 and 6905).

BOARD NOTE: Subsection (f) is derived from 40 CFR 270.195 (2002) (2005).

g) How an owner or operator may renew a RAP that is expiring. If an owner or

operator wishes to renew an expiring RAP, the owner or operator must follow the

process for application for and issuance of RAPs in this Subpart H.

BOARD NOTE: Subsection (g) is derived from 40 CFR 270.200 (2002) (2005).

h) What happens if the owner or operator has applied correctly for a RAP renewal but

has not received approval by the time its old RAP expires. If the owner or operator

has submitted a timely and complete application for a RAP renewal, but the

Agency, through no fault of the owner or operator, has not issued a new RAP with

an effective date on or before the expiration date of the previous RAP, the previous

RAP conditions continue in force until the effective date of the new RAP or RAP

denial.

BOARD NOTE: Subsection (h) is derived from 40 CFR 270.205 (2002) (2005).

(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, solid fuel boiler, liquid fuel boiler, or

hydrochloric acid production furnace, 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:

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

must do the following:

102

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 pursuant to 40 CFR 63.1206(c)(2)

(When and How Must You Comply with the Standards and

Operating Requirements?), incorporated by reference in 35

Ill. Adm. Code 720.111(b); 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

Administrative Code codification requirements. The substance of

40 CFR 270.235(a)(1)(ii)(A), (a)(1)(ii)(A)(

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

)

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).

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

required:

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

103

shutdown, and malfunction plan required under pursuant to

40 CFR 63.1206(c)(2) has been approved by the

Administrator under pursuant to 40 CFR

63.1206(c)(2)(ii)(B); 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, solid

fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace that

has conducted a comprehensive performance test and submitted to the

Agency a Notification of Compliance documenting compliance with the

standards of subpart EEE of 40 CFR 63 (National Emission Standards for

Hazardous Air Pollutants from Hazardous Waste Combustors),

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

Administrative 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).

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

following:

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

toxic compounds are minimized from startup, shutdown,

104

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

Administrative 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 pursuant to

40 CFR 63.1206(c)(2) has been approved by the Agency

under pursuant to 40 CFR 63.1206(c)(2)(ii)(B); and

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

not applicable under pursuant to 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

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.

105

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

ii) If warranted, by modifying the permit under pursuant to

Section 703.270 or 703.280 though 703.283.

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, solid fuel boiler, liquid fuel boiler, or

hydrochloric acid production furnace 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 subpart EEE

of 40 CFR 63:

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

notification and documentation to the Agency that the startup,

shutdown, and malfunction plan required under pursuant to 40

CFR 63.1206(c)(2) has been approved by the Agency under

pursuant to 40 CFR 63.1206(c)(2)(ii)(B).

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

of an incinerator, cement kiln, or lightweight aggregate kiln, solid fuel

106

boiler, liquid fuel boiler, or hydrochloric acid production furnace 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.

c) New units. A hazardous waste incinerator, cement kiln, lightweight aggregate

kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace

unit that becomes subject to RCRA permit requirements after October 12, 2005

must control emissions of toxic compounds during startup, shutdown, and

malfunction events under either of the following options:

1) It may comply with the requirements specified in 40 CFR 63.1206(c)(2),

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

2) It may request to include in the RCRA 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 and design. The Agency must specify that these permit

conditions apply only when the facility is operating under its startup,

shutdown, and malfunction plan.

BOARD NOTE: Derived from 40 CFR 270.235 (2005), as amended at 70 Fed. Reg. 59402 (Oct.

12, 2005). Operating conditions used to determine effective treatment of hazardous waste

remain effective after the owner or operator demonstrates compliance with the standards of

subpart EEE of 40 CFR 63.

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

SUBPART J—RCRA STANDARDIZED PERMITS FOR STORAGE AND

TREATMENT UNITS

Section 703.350 General Information About RCRA Standardized Permits

a) RCRA standardized permit. A RCRA standardized permit (RCRA) is a special

type of permit that authorizes the owner or operator of a facility to manage

hazardous waste. A RCRA standardized permit is issued under pursuant to

Subpart G of 35 Ill. Adm. Code 705 and this Subpart J.

BOARD NOTE: Subsection (a) of this Section is derived from 40 CFR 270.250,

as added at 70 Fed. Reg. 53420 (Sep. 8, 2005).

107

b) Eligibility for a RCRA standardized permit.

1) The facility owner or operator may be eligible for a RCRA standardized

permit if the following conditions are fulfilled:

A) The facility generates hazardous waste and then stores or non-

thermally treats the hazardous waste on-site in containers, tanks, or

containment buildings; or

B) The facility receives hazardous waste generated off-site by a

generator under the same ownership as the receiving facility, and

the facility stores or non-thermally treats the hazardous waste in

containers, tanks, or containment buildings.

C) The Agency must inform the facility owner or operator of its

eligibility for a RCRA standardized permit when the Agency

makes a decision on its permit application.

2) This subsection (b)(2) corresponds with 40 CFR 270.255(b), which

USEPA has marked “Reserved.” This statement maintains structural

consistency with the corresponding federal rules.

BOARD NOTE: Subsection (b) of this Section is derived from 40 CFR 270.255,

as added at 70 Fed. Reg. 53420 (Sep. 8, 2005).

c) Permit requirements applicable to a RCRA standardized permit. The following

provisions of this part 270 and 35 Ill. Adm. Code 702 apply to a RCRA

standardized permit:

1) General Information: All provisions derived from subpart A of 40 CFR

270 apply: Subpart B of this Part; Sections 703.110, 703.153 through

703.160, and 703.161(a); subpart A of 35 Ill. Adm. Code 702; and 35 Ill.

Adm. Code 702.181.

2) Permit Application: All provisions derived from 40 CFR 270.10, 270.11,

270.12, 270.13, and 270.29 (in subpart B of 40 CFR 270) apply: Sections

703.125, 703.126, 703.150 though 703.152, 703.157, 703.181, 703.186,

703.188, and 703.240 and 35 Ill. Adm. Code 702.103, 702.120 through

702.124, and 702.126.

3) Permit Conditions: All provisions derived from subpart C of 40 CFR 270

apply: Sections 703.241 through 703.248 and 35 Ill. Adm. Code 702.140

through 702.152, 702.160, 702.162, and 702.163.

4) Changes to Permit: All provisions derived from 40 CFR 270.40, 270.41,

and 270.43 (in subpart D of 40 CFR 270) apply: Sections 703.260 and

108

703.270 though 703.273 and 35 Ill. Adm. Code 702.186.

5) Expiration and Continuation of Permits: All provisions derived from

subpart E of 40 CFR 270 apply: Sections 703.125 and 703.161.

6) Special Forms of Permits: The provision derived from 40 CFR 270.67 (in

subpart F of 40 CFR 270) apply: Section 703.233.

7) Interim Status: All provisions derived from subpart G of 40 CFR 270

apply: Sections 703.153 through 703.157.

8) Remedial Action Plans: No provisions derived from subpart H of 40 CFR

270 apply: Subpart H of 35 Ill. Adm. Code 703.

9) RCRA Standardized Permits: All provisions derived from subpart J of 40

CFR 270 apply: Subpart J of this Part.

BOARD NOTE: Subsection (c) of this Section is derived from 40 CFR 270.260,

as added at 70 Fed. Reg. 53420 (Sep. 8, 2005).

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

Section 703.351 Applying for a RCRA Standardized Permit

a) Application procedure. The facility owner or operator may apply for a RCRA

standardized permit by following the procedures in Subpart G of 35 Ill. Adm.

Code 705.

BOARD NOTE: Subsection (a) of this Section is derived from 40 CFR 270.270,

as added at 70 Fed. Reg. 53420 (Sep. 8, 2005).

b) Information submitted to the Agency to support an application for a RCRA

standardized permit. The information in subsections (b)(1) through (b)(10) of this

Section will be the basis of an application for a RCRA standardized permit. The

facility owner or operator must submit the following information to the Agency

when it submits its Notice of Intent pursuant to 35 Ill. Adm. Code 705.301(a)(2)

requesting coverage under a RCRA standardized permit:

1) The Part A information described in Section 703.181;

2) A meeting summary and other materials required by 35 Ill. Adm. Code

703.191;

3) Documentation of compliance with the location standards of 35 Ill. Adm.

Code 727.110(i) and Sections 703.183(k) and 703.184;

109

4) This subsection (b)(4) corresponds with 40 CFR 270.275(d), which

pertains to submission of information to USEPA relating to

implementation of various federal laws (such as the Wild and Scenic

Rivers Act (16 U.S.C. 1273 et seq.), the National Historic Preservation

Act of 1966 (16 U.S.C. 470 et seq.), the Endangered Species Act (16

U.S.C. 1531 et seq.), the Coastal Zone Management Act (16 U.S.C. 1451

et seq.), the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.),

and executive orders). The provision is not necessary in Illinois because

the Agency does not implement the cited federal laws. This statement

maintains structural consistency with the corresponding federal rules;

5) Solid waste management unit information required by Section 703.187;

6) A certification meeting the requirements of § 270.280, and an audit of the

facility’s compliance status with 40 CFR part 267 as required by §

270.280;

7) A closure plan prepared in accordance with part 267, subpart G;

8) The most recent closure cost estimate for your facility prepared pursuant

to 35 Ill. Adm. Code 727.240(c) and a copy of the documentation required

to demonstrate financial assurance pursuant to 35 Ill. Adm. Code

727.240(d). For a new facility, the owner or operator may gather the

required documentation 60 days before the initial receipt of hazardous

wastes;

9) If the owner or operator manages wastes generated offsite, the waste

analysis plan; and

10) If the owner or operator manages waste generated from off-site,

documentation showing that the waste generator and the off-site facility

are under the same ownership.

BOARD NOTE: Subsection (b) of this Section is derived from 40 CFR 270.275,

as added at 70 Fed. Reg. 53420 (Sep. 8, 2005).

c) Certification requirements. The facility owner or operator must submit a signed

certification based on an audit of its facility’s compliance with the requirements

of 35 Ill. Adm. Code 727.

1) The owner’s or operator’s certification must read as follows:

I certify under penalty of law that:

1. I have personally examined and am familiar with the report

containing the results of an audit conducted of my facility’s

110

compliance status with 35 Ill. Adm. Code 727, which

supports this certification. Based on my inquiry of those

individuals immediately responsible for conducting the

audit and preparing the report, I believe that my [include

here the language of the applicable of the following two

paragraphs:]

existing facility complies with all applicable requirements

of 35 Ill. Adm. Code 727 and will continue to comply until

the expiration of the permit;

facility has been designed, and will be constructed and

operated to comply with all applicable requirements of 35

Ill. Adm. Code 727, and will continue to comply until

expiration of the permit;

2. I will make all information that I am required to maintain at

my facility by 35 Ill. Adm. Code 703.352 readily available

for review by the permitting agency and the public; and

3. I will continue to make all information required by 35 Ill.

Adm. Code 703.352 available until the permit expires. I

am aware that there are significant penalties for submitting

false information, including the possibility of fine and

imprisonment for knowing violation.

2) The owner or operator must sign the above certification following the

requirements of 35 Ill. Adm. Code 702.126(a)(1) through (a)(3).

3) The certification must be based upon an audit that the owner or operator

conducted of its facility’s compliance status with 35 Ill. Adm. Code 727.

A written audit report, signed and certified as accurate by the auditor,

must be submitted to the Agency with the 35 Ill. Adm. Code 705.301(a)(2)

Notice of Intent.

BOARD NOTE: Subsection (c) of this Section is derived from 40 CFR 270.280,

as added at 70 Fed. Reg. 53420 (Sep. 8, 2005).

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

Section 703.352 Information That Must Be Kept at the Facility

a) General types of information to be maintained at the facility. The facility owner

or operator must keep the following information at its facility:

1) A general description of the facility;

111

2) Results of chemical and physical analyses of the hazardous waste and

hazardous debris handled at the facility. At a minimum, these results of

analyses must contain all the information that the owner or operator must

know to treat or store the wastes properly pursuant to the requirements of

35 Ill. Adm. Code 727;

3) A copy of the waste analysis plan required by 35 Ill. Adm. Code

727.110(d)(2);

4) A description of the security procedures and equipment required by 35 Ill.

Adm. Code 727.110(e);

5) A copy of the general inspection schedule required by 35 Ill. Adm. Code

727.110(f)(2). The owner or operator must include in the inspection

schedule applicable requirements of 35 Ill. Adm. Code 724.933, 724.952,

724.953, 724.958, 724.988, 727.270(e), and 727.290(d) and (f);

6) A justification of any modification of the preparedness and prevention

requirements of 35 Ill. Adm. Code 727.130(a) through (f);

7) A copy of the contingency plan required by 35 Ill. Adm. Code 727.150;

8) A description of procedures, structures, or equipment used at the facility

to accomplish each of the following:

A) Prevent hazards in unloading operations (for example, use ramps,

special forklifts);

B) Prevent runoff from hazardous waste handling areas to other areas

of the facility or environment, or to prevent flooding (for example,

with berms, dikes, trenches, etc.);

C) Prevent contamination of water supplies;

D) Mitigate effects of equipment failure and power outages;

E) Prevent undue exposure of personnel to hazardous waste (for

example, requiring protective clothing); and

F) Prevent releases to atmosphere;

9) A description of precautions to prevent accidental ignition or reaction of

ignitable, reactive, or incompatible wastes as required by 35 Ill. Adm.

Code 727.110(h);

112

10) The traffic pattern, estimated volume (number, types of vehicles) and

control (for example, show turns across traffic lanes, and stacking lanes;

describe access road surfacing and load bearing capacity; show traffic

control signals, etc.);

11) This subsection (a)(11) corresponds with 40 CFR 270.290(k), which

USEPA has marked “Reserved.” This statement maintains structural

consistency with the corresponding federal rules;

12) An outline of both the introductory and continuing training programs you

will use to prepare employees to operate or maintain your facility safely as

required by 35 Ill. Adm. Code 727.110(g). A brief description of how

training will be designed to meet actual job tasks pursuant to 35 Ill. Adm.

Code 727.110(g)(1)(C) requirements;

13) A copy of the closure plan required by 35 Ill. Adm. Code 727.210(c).

Include, where applicable, as part of the plans, specific requirements in 35

Ill. Adm. Code 727.270(g), 727.290(l), and 727.900(i);

14) This subsection (a)(14) corresponds with 40 CFR 270.290(n), which

USEPA has marked “Reserved.” This statement maintains structural

consistency with the corresponding federal rules;

15) The most recent closure cost estimate for your facility prepared pursuant

to 35 Ill. Adm. Code 727.240(c) and a copy of the documentation required

to demonstrate financial assurance pursuant to 35 Ill. Adm. Code

727.240(d). For a new facility, the owner or operator may gather the

required documentation 60 days before the initial receipt of hazardous

wastes;

16) This subsection (a)(16) corresponds with 40 CFR 270.290(p), which

USEPA has marked “Reserved.” This statement maintains structural

consistency with the corresponding federal rules;

17) Where applicable, a copy of the insurance policy or other documentation

that complies with the liability requirements of 35 Ill. Adm. Code

727.240(h). For a new facility, documentation showing the amount of

insurance meeting the specification of 35 Ill. Adm. Code 727.240(h)(1)

that the owner or operator plans to have in effect before initial receipt of

hazardous waste for treatment or storage;

18) Where appropriate, proof of coverage by a State financial mechanism, as

required by 35 Ill. Adm. Code 727.240(j) or 727.240(k);

19) A topographic map showing a distance of 1,000 feet around the facility at

a scale of 2.5 centimeters (1 inch) equal to not more than 61.0 meters (200

113

feet). The map must show elevation contours. The contour interval must

show the pattern of surface water flow in the vicinity of and from each

operational unit of the facility. For example, contours with an interval of

1.5 meters (5 feet), if relief is greater than 6.1 meters (20 feet), or an

interval of 0.6 meters (2 feet), if relief is less than 6.1 meters (20 feet). If

the facility is in a mountainous area, the owner or operator should use

large contour intervals to adequately show topographic profiles of the

facility. The map must clearly show each of the following:

A) The map scale and date;

B) Any 100-year flood plain area;

C) All surface waters including intermittent streams;

D) The surrounding land uses (residential, commercial, agricultural,

recreational);

E) A wind rose (

i.e.,

prevailing windspeed and direction);

F) The orientation of the map (north arrow);

G) Legal boundaries of the facility site;

H) Facility access control (fences, gates);

I) All injection and withdrawal wells both on-site and off-site;

J) All buildings; treatment, storage, or disposal operations; and other

structures (recreation areas, runoff control systems, access and

internal roads, storm, sanitary, and process sewerage systems,

loading and unloading areas, fire control facilities, etc.);

K) Barriers for drainage or flood control; and

L) The location of operational units within the facility where

hazardous waste is (or will be) treated or stored (including

equipment cleanup areas).

BOARD NOTE: Subsection (a) of this Section is derived from 40 CFR 270.290,

as added at 70 Fed. Reg. 53420 (Sep. 8, 2005).

b) Container information to be maintained at the facility. If the facility owner or

operator stores or treats hazardous waste in containers, it must keep the following

information at its facility:

114

1) A description of the containment system to demonstrate compliance with

the container storage area provisions of 35 Ill. Adm. Code 727.270(d).

This description must show the following information:

A) The basic design parameters, dimensions, and materials of

construction;

B) How the design promotes drainage or how containers are kept

from contact with standing liquids in the containment system;

C) The capacity of the containment system relative to the number and

volume of containers to be stored;

D) The provisions for preventing or managing run-on; and

E) How accumulated liquids can be analyzed and removed to prevent

overflow;

2) For storage areas that store containers holding wastes that do not contain

free liquids, a demonstration of compliance with 35 Ill. Adm. Code

727.270(d)(3), including the following:

A) Test procedures and results or other documentation or information

to show that the wastes do not contain free liquids; and

B) A description of how the storage area is designed or operated to

drain and remove liquids or how containers are kept from contact

with standing liquids;

3) Sketches, drawings, or data demonstrating compliance with 35 Ill. Adm.

Code 727.270(e) (location of buffer zone (15m or 50ft) and containers

holding ignitable or reactive wastes) and 35 Ill. Adm. Code 727.270(f)(3)

(location of incompatible wastes in relation to each other), where

applicable;

4) Where incompatible wastes are stored or otherwise managed in containers,

a description of the procedures used to ensure compliance with 35 Ill.

Adm. Code 727.270(f)(1) and (f)(2), and 35 Ill. Adm. Code 727.110(h)(2)

and (h)(3); and

5) Information on air emission control equipment as required by Section

703.352(e).

BOARD NOTE: Subsection (b) of this Section is derived from 40 CFR 270.300,

as added at 70 Fed. Reg. 53420 (Sep. 8, 2005).

115

c) Tank information to be maintained at the facility. If the facility owner or operator

uses tanks to store or treat hazardous waste, it must keep the following

information at its facility:

1) A written assessment that is reviewed and certified by an independent,

qualified, registered professional engineer on the structural integrity and

suitability for handling hazardous waste of each tank system, as required

pursuant to 35 Ill. Adm. Code 727.290(b) and (c);

2) The dimensions and capacity of each tank;

3) A description of feed systems, safety cutoff, bypass systems, and pressure

controls (

e.g.,

vents);

4) A diagram of piping, instrumentation, and process flow for each tank

system;

5) A description of materials and equipment used to provide external

corrosion protection, as required pursuant to 35 Ill. Adm. Code

727.290(b);

6) For new tank systems, a detailed description of how the tank systems will

be installed in compliance with 35 Ill. Adm. Code 727.290(c) and (e);

7) Detailed plans and description of how the secondary containment system

for each tank system is or will be designed, constructed, and operated to

meet the requirements of 35 Ill. Adm. Code 727.290(f) and (g);

8) This subsection (c)(8) corresponds with 40 CFR 270.305(h), which

USEPA has marked “Reserved.” This statement maintains structural

consistency with the corresponding federal rules;

9) A description of controls and practices to prevent spills and overflows, as

required pursuant to 35 Ill. Adm. Code 727.290(i);

10) For tank systems in which ignitable, reactive, or incompatible wastes are

to be stored or treated, a description of how operating procedures and tank

system and facility design will achieve compliance with the requirements

of 35 Ill. Adm. Code 727.290(m) and (n); and

11) Information on air emission control equipment, as required by Section

703.352(e).

BOARD NOTE: Subsection (c) of this Section is derived from 40 CFR 270.305,

as added at 70 Fed. Reg. 53420 (Sep. 8, 2005).

116

d) Equipment information to be maintained at the facility. If the facility has

equipment to which Subpart BB of 35 Ill. Adm. Code 724 applies, the facility

owner or operator must keep the following information at its facility:

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

724 applies, the following:

A) The equipment identification number and hazardous waste

management unit identification;

B) The approximate locations within the facility (e.g., identify the

hazardous waste management unit on a facility plot plan);

C) The type of equipment (e.g., a pump or a pipeline valve);

D) The percent by weight of total organics in the hazardous waste

stream at the equipment;

E) The phase of the hazardous waste at the equipment (e.g., gas or

vapor or liquid); and

F) The method of compliance with the standard (e.g., monthly leak

detection and repair, or equipped with dual mechanical seals);

2) For a facility 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 the facility becomes subject to the Subpart BB provisions, an

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

3) Documentation that demonstrates compliance with the equipment

standards in 35 Ill. Adm. Code 724.952 and 724.959. This documentation

must contain the records required pursuant to 35 Ill. Adm. Code 724.964;

and

4) Documentation to demonstrate compliance with 35 Ill. Adm. Code

724.960, which must include the following information:

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

the documentation;

B) Records, including the dates, of each compliance test required by

35 Ill. Adm. Code 724.933(j);

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

and instrumentation diagrams based on the appropriate sections of

“APTI Course 415: Course 415: Control of Gaseous Emissions,”

117

USEPA publication number EPA 450/2-81-005, incorporated by

reference in 35 Ill. Adm. Code 720.111(a) or other engineering

texts acceptable to the Agency that present basic control device

design information. The design analysis must address the vent

stream characteristics and control device operation parameters, as

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

D) A statement signed and dated by the facility owner or operator that

certifies that the operating parameters used in the design analysis

reasonably represent the conditions that exist when the hazardous

waste management unit is operating at the highest load or capacity

level reasonable expected to occur; and

E) A statement signed and dated by the facility owner or operator that

certifies that the control device is designed to operate at an

efficiency of 95 weight percent or greater.

BOARD NOTE: Subsection (d) of this Section is derived from 40 CFR 270.310,

as added at 70 Fed. Reg. 53420 (Sep. 8, 2005).

e) Air emissions control information to be maintained at the facility. If the facility

owner or operator has air emission control equipment subject to Subpart CC of 35

Ill. Adm. Code 724, it must keep the following information at its facility:

1) 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 that

the owner or operator prepared or the cover manufacturer or vendor

provided describing the cover design, and the owner’s or operator’s

certification that the cover meets applicable design specifications listed in

35 Ill. Adm. Code 724.984(e)(1) or (f)(1);

2) Identification of each container area subject to the requirements of Subpart

CC of 35 Ill. Adm. Code 724 and the owner’s or operator’s certification

that the requirements of this Subpart J are met;

3) Documentation for each enclosure used to control air pollutant emissions

from tanks or containers pursuant to requirements of 35 Ill. Adm. Code

724.984(d)(5) or 724.986(e)(1)(B). The owner or operator must include

records for the most recent set of calculations and measurements that it

performed to verify that the enclosure meets the criteria of a permanent

total enclosure as specified in pursuant to appendix B to 40 CFR 52.741

(Procedure T—Criteria for and Verification of a Permanent or Temporary

Total Enclosure), incorporated by reference in 35 Ill. Adm. Code

720.111(b);

4) This subsection (e)(4) corresponds with 40 CFR 270.315(d), which

118

USEPA has marked “Reserved.” This statement maintains structural

consistency with the corresponding federal rules;

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

pursuant to the requirements of 35 Ill. Adm. Code 724.987 that includes

design and performance information, as specified in Section 703.210(c)

and (d); and

6) An emission monitoring plan for both Method 21 in appendix A to 40

CFR part 60 (Determination of Volatile Organic Compound Leaks) and

control device monitoring methods. This plan must include the following

information: monitoring points, monitoring methods for control devices,

monitoring frequency, procedures for documenting exceedences, and

procedures for mitigating noncompliances.

BOARD NOTE: Subsection (e) of this Section is derived from 40 CFR 270.315,

as added at 70 Fed. Reg. 53420 (Sep. 8, 2005).

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

Section 703.353 Modifying a RCRA Standardized Permit

A facility owner or operator can modify its RCRA standardized permit by following the

procedures found in 35 Ill. Adm. Code 704.304.

BOARD NOTE: Derived from 40 CFR 270.320, as added at 70 Fed. Reg. 53420 (Sep. 8, 2005).

(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:

119

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.

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.

120

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:

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.

121

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.

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:

122

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.

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.

123

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.

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):

124

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.

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. Modification of a tank unit, secondary containment system, or treatment

process that increases tank capacity, adds a new tank, or alters

treatment, specified as follows:

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.

125

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).

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.

126

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.

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.

127

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)

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

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

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.

128

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.

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.

129

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).

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

Effective Date), incorporated by reference in 35 Ill. Adm. Code

720.111(b), 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.

130

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.

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.

131

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.

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.

132

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/Cl2, 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.

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:

133

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.

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 subpart

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

Pollutants from Hazardous Waste Combustors), incorporated by

reference in 35 Ill. Adm. Code 720.111(b), provided the procedures of

Section 703.280(j) are followed.

134

1* 10. Changes to RCRA Permit provisions needed to support transition to

federal subpart EEE of 40 CFR 63 (National Emission Standards for

Hazardous Air Pollutants from Hazardous Waste Combustors),

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

the procedures of Section 703.280(k) 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.

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.

135

Note: * indicates modifications requiring prior Agency approval.

BOARD NOTE: Derived from appendix I to 40 CFR 270.42 (2005).

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

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER b: PERMITS

PART 704

UIC PERMIT PROGRAM

SUBPART A: GENERAL PROVISIONS

Section

704.101 Content

704.102 Scope of the Permit or Rule Requirement

704.103 Identification of Aquifers

704.104 Exempted Aquifers

704.105 Specific Inclusions and Exclusions

704.106 Classification of Injection Wells

704.107 Definitions

704.108 Electronic Document Filing

SUBPART B: PROHIBITIONS

Section

704.121 Prohibition of

Against Unauthorized Injection

704.122 Prohibition of

Against Movement of Fluid into USDW

704.123 Identification of USDW USDWs and Exempted Aquifers

704.124 Prohibition of

Against Class IV Injection Wells

SUBPART C: AUTHORIZATION OF UNDERGROUND INJECTION BY

RULE

Section

704.141 Existing Class I and III Injection Wells

704.142 Prohibitions on

Against Injection into Wells Authorized by Rule

704.143 Expiration of Authorization

704.144 Requirements

704.145 Existing Class IV Injection Wells

704.146 Class V Injection Wells

704.147 Requiring a Permit

704.148 Inventory Requirements

704.149 Requiring other Information

704.150 Requirements for Class I and III Injection Wells authorized Authorized by Rule

136

704.151 RCRA Interim Status for Class I Injection Wells

SUBPART D: APPLICATION FOR PERMIT

Section

704.161 Application for Permit; Authorization by Permit

704.162 Area Permits

704.163 Emergency Permits

704.164 Signatories to Permit Applications

SUBPART E: PERMIT CONDITIONS

Section

704.181 Additional Conditions

704.182 Establishing UIC Permit Conditions

704.183 Construction Requirements

704.184 Corrective Action

704.185 Operation Requirements

704.186 Hazardous Waste Requirements

704.187 Monitoring and Reporting

704.188 Plugging and Abandonment

704.189 Financial Responsibility

704.190 Mechanical Integrity

704.191 Additional Conditions

704.192 Waiver of Requirements by Agency

704.193 Corrective Action

704.194 Maintenance and Submission of Records

SUBPART F: REQUIREMENTS FOR WELLS INJECTING HAZARDOUS

WASTE

Section

704.201 Applicability

704.202 Authorization

704.203 Requirements

SUBPART G: FINANCIAL RESPONSIBILITY FOR CLASS I HAZARDOUS

WASTE INJECTION WELLS

Section

704.210 Applicability

704.211 Definitions

704.212 Cost Estimate for Plugging and Abandonment

704.213 Financial Assurance for Plugging and Abandonment

704.214 Trust Fund

704.215 Surety Bond Guaranteeing Payment

704.216 Surety Bond Guaranteeing Performance

704.217 Letter of Credit

704.218 Plugging and Abandonment Insurance

704.219 Financial Test and Corporate Guarantee

137

704.220 Multiple Financial Mechanisms

704.221 Financial Mechanism for Multiple Facilities

704.222 Release of the Owner or Operator

704.230 Incapacity

704.240 Wording of the Instruments

SUBPART H: ISSUED PERMITS

Section

704.260 Transfer

704.261 Modification

704.262 Causes for Modification

704.263 Well Siting

704.264 Minor Modifications

SUBPART I: REQUIREMENTS FOR CLASS V INJECTION WELLS

Section

704.279 General

704.280 Definition of a Class V Injection Well

704.281 Examples of Class V Injection Wells

704.282 Protection of Underground Sources of Drinking Water

704.283 Notification of a Class V Injection Well

704.284 Permit Requirements

704.285 Applicability of the Additional Requirements

704.286 Definitions

704.287 Location in a Groundwater Protection Area or Another Sensitive Area

704.288 Additional Requirements

704.289 Closure of a Class V Injection Well

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 R81-32, at 47 PCB 95, at 6 Ill. Reg. 12479, effective March 3, 1984;

amended in R82-19, at 7 Ill. Reg. 14402, effective March 3, 1984; amended in R83-39, at 55

PCB 319, at 7 Ill. Reg. 17338, effective December 19, 1983; amended in R85-23 at 10 Ill. Reg.

13290, effective July 29, 1986; amended in R87-29 at 12 Ill. Reg. 6687, effective March 28,

1988; amended in R88-2 at 12 Ill. Reg. 13700, effective August 16, 1988; amended in R88-17 at

13 Ill. Reg. 478, effective December 30, 1988; amended in R89-2 at 14 Ill. Reg. 3116, effective

February 20, 1990; amended in R94-17 at 18 Ill. Reg. 17641, effective November 23, 1994;

amended in R94-5 at 18 Ill. Reg. 18351, effective December 20, 1994; amended in R00-11/R01-

1 at 24 Ill. Reg. 18612, effective December 7, 2000; amended in R01-30 at 25 Ill. Reg. 11139,

effective August 14, 2001; amended in R06-16/R06-17/R06-18 at 30 Ill. Reg. ________,

effective ______________________.

138

SUBPART A: GENERAL PROVISIONS

Section 704.101 Content

The regulations in this Subpart A set forth the specific requirements for the UIC (Underground

Injection Control) permit program. These rules are intended to implement the UIC permit

requirement of Section 12(g) of the Environmental Protection Act (Act) [415 ILCS 5/12(g)].

These rules are intended to be identical in substance to United States Environmental Protection

Agency (USEPA) rules found in 40 CFR 144 (1987). The regulations in this Subpart A are

supplemental to the requirements in 35 Ill. Adm. Code 702, which contains requirements for

both the RCRA and UIC permit programs. Operating requirements for injection wells are

included in 35 Ill. Adm. Code 730.

(Board Note: See BOARD NOTE: Derived from 40 CFR 144.1(1987).)

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

Section 704.102 Scope of the Permit or Rule Requirement

Although five classes of wells are set forth in Section 704.106, the UIC (Underground Injection

Control) permit program described in 35 Ill. Adm. Code 702, 704, 705, and 730 regulates

underground injection for only four classes of wells (see definition of “well injection,” 35 Ill.

Adm. Code 702.110). Class II wells (Section 704.106(b)) are not subject to the requirements

found in 35 Ill. Adm. Code 702, 704, 705, and 730. The UIC permit program for Class II wells

is regulated by the Illinois Department of Natural Resources, Office of Mines and Minerals, Oil

and Gas Division, pursuant to the Illinois Oil and Gas Act [225 ILCS 725] (see 62 Ill. Adm.

Code 240). All owners The owner or operators operator of a Class I, Class III, Class IV, or

Class V injection wells well must be authorized either by permit or rule. In carrying out the

mandate of the SDWA, this Part provides that no injection must may be authorized by permit or

rule if it results in movement of fluid containing any contaminant into underground sources of

drinking water (USDWs) (Section 704.122) if the presence of that contaminant may cause a

violation of any primary drinking water regulation under 40 CFR 142 35 Ill. Adm. Code 611 or

may adversely affect the health of persons (Section 704.122). Section 704.124 prohibits the

construction, operation, or maintenance of a Class IV injection well. A Class V wells are well is

regulated under Subpart I of this Part. If remedial action appears necessary prior to the

establishment of regulations directly applicable to a specific type of for a Class V injection well,

an individual permit may be required (Subpart C of this Part) or the Agency must require

remedial action or closure by order (see Section 704.122(c)).

BOARD NOTE: Derived from 40 CFR 144.1(g) preamble (2000) (2005).

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

Section 704.103 Identification of Aquifers

During UIC program development, the Agency may identify aquifers and portions of aquifers

139

with that are actual or potential sources of drinking water. This identification will provide an aid

to the Agency in carrying out its duty to protect all USDWs. An aquifer is a USDW if it fits the

definition, even if it has not been “identified by the Agency.”

BOARD NOTE: See 35 Ill. Adm. Code 702.106. Derived from 40 CFR 144.1(g) (1993) (2005).

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

Section 704.104 Exempted Aquifers

The Board may designate “exempted aquifers” using criteria in 35 Ill. Adm. Code 730. Such

aquifers are those an aquifer is one that would otherwise qualify as “underground sources of

drinking water” a USDW to be protected, but which have has no real potential to be used as a

source of drinking water sources. Therefore they are not USDWs. No aquifer is an “exempted

aquifer” until it has been affirmatively designated under the procedures in Section 704.123.

Aquifers An aquifers that do does not fit the definition of “underground sources of drinking

water” are a USDW is not “an exempted aquifers aquifer.” They are It is simply not subject to

the special protection afforded USDWs a USDW.

BOARD NOTE: See 35 Ill. Adm. Code 702.105. Derived from 40 CFR 144.1(g) (1993) (2005).

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

Section 704.105 Specific Inclusions and Exclusions

a) The following wells are included among those types of injection activities that are

covered by the UIC regulations. (This list is not intended to be exclusive but is

for clarification only.)

1) Any injection well located on a drilling platform inside territorial waters

of the State of Illinois;

2) Any dug hole or well that is deeper than its largest surface dimension,

where the principal function of the hole is emplacement of fluids;

3) Any well used by generators of hazardous waste, or by owners or

operators of hazardous waste management facilities, to dispose of fluids

containing hazardous waste. This includes the disposal of hazardous

waste into what would otherwise be a septic systems and cesspools system

or cesspool, regardless of their it capacity;

4) Any septic tank, cesspool, or other well used by a multiple dwelling,

community, or regional system for the injection of wastes.

b) The following are not covered by this Part:

140

1) Injection wells

An injection well located on a drilling platform or other

site that is beyond the territorial waters of the State of Illinois;

2) Individual

An individual or single family residential waste disposal

systems systems, such as a domestic cesspools cesspool or septic systems

system;

3) Nonresidential cesspools,

A nonresidential cesspool, septic systems,

system, or similar waste disposal systems system if such systems are

system is used solely for the disposal of sanitary waste, and have has the

capacity to serve fewer than 20 persons a day;

4) Injection wells

An injection well used for injection of hydrocarbons that

are of pipeline quality and are gases at standard temperature and pressure

for the purpose of storage;

5) Any dug hole, drilled hole, or bored shaft that is not used for the

subsurface emplacement of fluids;

6) A

Class II wells well.

c) The prohibition applicable to a Class IV wells well under Section 704.124 does

not apply to injections injection of hazardous wastes into aquifers an aquifer or

portions thereof portion of an aquifer that have has been exempted pursuant to 35

Ill. Adm. Code 730.104.

BOARD NOTE: Derived from 40 CFR 144.1(g)(1) through (g)(3) (1999), as amended at 64

Fed. Reg. 68565 (December 7, 1999) (2005).

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

Section 704.106 Classification of Injection Wells

Injection wells are classified as follows:

a) Class I injection wells. Any of the following is a Class I injection well:

1) Wells

A well used by generators a generator of hazardous wastes waste or

owners the owner or operators operator of a hazardous waste management

facilities facility to inject hazardous waste beneath the lowermost

formation containing, within 402 meters (one-quarter mile) of the well

bore, an underground source of drinking water a USDW within 402

meters (one-quarter mile) of the well bore.

2) Other

Any other industrial and municipal disposal wells which inject well

that injects fluids beneath the lowermost formation containing, within 402

141

meters (one-quarter mile) of the well bore an underground source of

drinking water a USDW within 402 meters (one-quarter mile) of the well

bore.

3) Radioactive

A radioactive waste disposal wells well that inject injects

fluids below the lowermost formation containing an underground source

of drinking water a USDW within one-quarter mile of the well bore.

b) Class II injection wells. Wells which inject Any well that injects any of the

following fluids is a Class II injection well:

1) Which

Fluids that are brought to the surface in connection with natural gas

storage operations, or conventional oil or natural gas production, and

which may be commingled with waste waters from gas plants which that

are an integral part of production operations, unless those waters are

classified as a hazardous waste at the time of injection;

2) For

Fluids injected for enhanced recovery of oil or natural gas; and

3) For

Fluids injected for storage of hydrocarbons which that are liquid at

standard temperature and pressure.

c) Class III injection wells. Wells which inject Any well that injects fluids for the

extraction of minerals, including the following:

1) Mining

The mining of sulfur by the Frasch process;

2) In situ

The in-situ production of uranium or other metals;. this This

category includes only in situ in-situ production from ore bodies which

that have not been conventionally mined. Solution mining of conventional

mines, such as stopes leaching, is included in as a Class V injection well;

and

3) Solution mining of salts or potash.

d) Class IV injection wells. Any of the following is a Class IV injection well:

1) Wells

A well used by generators a generator of hazardous wastes waste or

of radioactive wastes waste, by owners the owner or operators operator of

a hazardous waste management facilities facility or by owners the owner

or operators operator of a radioactive waste disposal sites site to dispose of

hazardous wastes or radioactive wastes into a formation which within 402

meters (one-quarter mile) of the well that contains an underground source

of drinking water a USDW within 402 meters (one-quarter mile) of the

well.

142

2) Wells

A well used by generators a generator of hazardous waste or of

radioactive waste, by owners the owner or operators operator of a

hazardous waste management facilities, facility, or by owners the owner

or operators operator of a radioactive waste disposal sites site to dispose of

hazardous waste or radioactive waste above a formation which within 402

meters (one-quarter mile) of the well that contains an underground source

of drinking water a USDW within 402 meters (one-quarter mile) of the

well.

3) Wells

A well used by generators a generator of hazardous waste or owners

the owner or operators operator of a hazardous waste management

facilities facility to dispose of hazardous waste, which that cannot be

classifed classified under any of subsections (a)(1), or (d)(1), and or (d)(2)

of this Section (e.g., wells a well that is used to dispose of hazardous

waste into or above a formation which that contains an aquifer which that

has been exempted pursuant to 35 Ill. Adm. Code 730.104).

e) Class V injection wells. Injection wells Any injection well that is not included in

Classes classified as a Class I, II, III, or IV injection well.

BOARD NOTE: Derived from 40 CFR 144.6 (1999) (2005).

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

Section 704.107 Definitions

The definitions of 35 Ill. Adm. Code 702 apply to this Part 704. Specific types of Class V

injection wells are described in Section 704.281.

BOARD NOTE: Derived from 40 CFR 144.3 (2005).

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

Section 704.108 Electronic Document Filing

The filing of any document pursuant to any provision of this Part as an electronic document is

subject to 35 Ill. Adm. Code 720.104.

BOARD NOTE: Derived from 40 CFR 3 and 145.11(a)(33), as added at 70 Fed. Reg. 59848

(Oct. 13, 2005).

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

143

SUBPART B: PROHIBITIONS

Section 704.121 Prohibition of Against Unauthorized Injection

Any underground injection, except into a well authorized by permit or rule issued under pursuant

to this part Part and 35 Ill. Adm. Code 705, as applicable, is prohibited. The construction of any

well required to have a permit under this Part is prohibited until the permit has been issued.

BOARD NOTE: Derived from 40 CFR 144.11 (1993), as amended at 58 Fed. Reg. 63895 (Dec.

3, 1993) (2005).

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

Section 704.122 Prohibition of Against Movement of Fluid into USDW

a) No owner or operator shall may construct, operate, maintain, convert, plug,

abandon, or conduct any other injection activity in a manner that allows the

movement of fluid containing any contaminant into underground sources of

drinking water a USDW, if the presence of that contaminant may could cause a

violation of any national primary drinking water regulation under 35 Ill. Adm.

Code 611 (derived from 40 CFR 142, 141) incorporated by reference in 35 Ill.

Adm. Code 702.104, or may could otherwise adversely affect the health of

persons. The applicant for a permit shall have has the burden of showing that the

requirement of this paragraph subsection (a) are is met.

b) For a

Class I and or III wells injection well, if any water quality monitoring of an

underground source of drinking water a USDW indicates the movement of a

contaminant into the underground source of drinking water USDW, except as

authorized under 35 Ill. Adm. Code 730, the Agency shall must prescribe such

additional requirements for construction, corrective action, operation, monitoring

or reporting (including closure of the injection well) as are necessary to prevent

such movement. In the case of wells a well authorized by permit, these additional

requirements shall must be imposed by modifying the permit in accordance with

35 Ill. Adm. Code 702.183 through 702.185, or the permit may be subject to

revocation under 35 Ill. Adm. Code 702.186 if cause exists, or appropriate

enforcement action may be taken if the permit has been violated, and the permit

may be subject to revocation under 35 Ill. Adm. Code 702.186 if cause exists. In

the case of wells authorized by rule, see Section 704.141 through 704.146.

c) For a

Class V wells injection well, if at any time the Agency learns that a Class V

injection well may could cause a violation of any national primary drinking water

regulations regulation under 35 Ill. Adm. Code 611 (derived from 40 CFR 142,

incorporated by reference in 35 Ill. Adm. Code 702.104 141), it shall must

undertake one of the following actions:

1) Require

It must require the injector to obtain an individual permit;

144

2) Issue

It must issue a permit which that requires the injector to take such

actions (including, where required necessary, closure of the injection well)

as may be necessary to prevent the violation; or

3) Take

It may initiate enforcement action.

d) Whenever the Agency learns that a Class V injection well may be otherwise

adversely affecting the health of persons, it may prescribe such actions as may be

necessary to prevent the adverse effect, including any action authorized under

subsection (c) of this Section.

e) Notwithstanding any other provision of this Section, the Agency may take

emergency action upon receipt of information that a contaminant which that is

present in or is likely to enter a public water system or underground source of

drinking water a USDW may present an imminent and substantial endangerment

to the health of persons. The Agency may declare an emergency and affix a seal

pursuant to Section 34 of the Act [415 ILCS 5/34].

(Board Note: See BOARD NOTE: Derived from 40 CFR 144.12 (1987) (2005).)

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

Section 704.123 Identification of USDW USDWs and Exempted Aquifers

a) The Agency may identify (by narrative description, illustrations, maps, or other

means) and shall must protect, except where exempted under subsection (b)

below of this Section, as an underground source of drinking water a USDW, all

aquifers any aquifer or parts part of aquifers an aquifer that meet meets the

definition of an “underground source of drinking water” a USDW in 35 Ill. Adm.

Code 702.110. Even if an aquifer has not been specifically identified by the

Agency, it is an underground source of drinking water a USDW if it meets the

definition in 35 Ill. Adm. Code 702.110. Identification of USDWs shall must be

by Agency made according to criteria adopted by the Agency pursuant to 35 Ill.

Adm. Code 702.106.

b) Identification of an Exempted Aquifer.

21) No designation of an exempted aquifer shall may be final until approved

by the Administrator USEPA as part of the State program.

32) Subsequent to program approval, the Board may, after notice and

opportunity for a public hearing, identify additional exempted aquifers.

43) Identification of exempted aquifers shall must be by rulemaking pursuant

to 35 Ill. Adm. Code 102 and 702.105 and Sections 27 and 28 of the Act

145

[415 ILCS 5/27 and 28], considering the criteria set forth in 730.104.

c) For a

Class III wells injection well, an applicant for a permit that necessitates an

aquifer exemption under 35 Ill. Adm. Code 730.104(b)(1) shall must furnish the

data necessary to demonstrate that the aquifer is expected to be mineral or

hydrocarbon producing. Information contained in the mining plan for the

proposed project, such as a map and general description of the mining zone,

general information on the mineralogy and geochemistry of the mining zone,

analysis of the amenability of the mining zone to the proposed mining method,

and a timetable of planned development of the mining zone shall must be

considered by the Board in addition to the information required by Section

704.161(c). Approval of the exempted aquifer shall must be by rulemaking

pursuant to 35 Ill. Adm. Code 102 and 702.105 and Sections 27 and 28 of the Act

[415 ILCS 5/27 and 28]. Rules shall will not become final until approved by the

Administrator USEPA as a program revision.

BOARD NOTE: Derived from 40 CFR 144.7 (1993) (2005).

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

Section 704.124 Prohibition of Against Class IV Injection Wells

a) The following are prohibited, except as provided in subsection (c) of this Section:

1) The construction of any Class IV injection well.

2) The operation or maintenance of any Class IV injection well.

3) Any increase in the amount of hazardous waste or change in the type of

hazardous waste injected into a Class IV injection well.

b) Class IV injection wells must comply with the requirements of Section 704.203,

and with the Class IV injection well closure requirements of Section 704.145

regarding closure of Class IV wells.

c) Wells

A well used to inject contaminated groundwater that has been treated and is

being reinjected into the same formation from which it was originally drawn are is

not prohibited by this Section if such injection is approved by the Agency

pursuant to provisions in the Act for preventive or corrective action, or by the

USEPA pursuant to provisions for cleanup of releases under the Comprehensive

Environmental Response Compensation, and Liability Act of 1980 (CERCLA),

(42 U.S.C. 9601-9657 et seq.), or by USEPA pursuant to requirements and

provisions under the Resource Conservation and Recovery Act (RCRA), (42

U.S.C. 6901-6987 et seq.), or by the Agency pursuant to Section 39 of the Act

[415 ILCS 5/39].

146

d) Clarification. The This Section does not prohibit any of the following injection

wells are not prohibited by this Section:

1) Wells

A well used to inject hazardous waste into aquifers an aquifer or

portions thereof a portion of an aquifer that have has been exempted

pursuant to 35 Ill. Adm. Code 730.104 if the exempted aquifer into which

waste is injected underlies the lowermost formation containing a USDW.

Such wells are a well is a Class I wells injection well, as specified in

Section 704.106(a)(1), and the owner or operator must comply with the

requirements applicable to a Class I wells injection well.

2) Wells

A well used to inject hazardous waste where no USDW exists

within one quarter mile of the well bore in any underground formation,

provided that the Agency determines that such injection is into a

formation sufficiently isolated to ensure that injected fluids do not migrate

from the injection zone. Such wells are a well is a Class I wells injection

well, as specified in Section 704.106(a)(1), and the owner or operator

must comply with the requirements applicable to a Class I wells injection

well.

(Board Note: See BOARD NOTE: Derived from 40 CFR 144.13 (2005).)

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

SUBPART C: AUTHORIZATION OF UNDERGROUND INJECTION BY

RULE

Section 704.141 Existing Class I and III Injection Wells

a) Injection into an existing Class I and III wells injection well is authorized by rule

if the owner or operator fulfills either of the conditions of subsection (a)(1) or

(a)(2) of this Section, subject to subject (a)(3) of this Section:

1) Injected

It injected into the existing well within one year after March 3,

1984, or

2) Inventories

It inventories the well pursuant to the requirements of Section

704.148.

3) The owner or operator of a well that is authorized by rule pursuant to this

Section shall must rework, operate, maintain, convert, plug, abandon, or

inject into the well in compliance with applicable regulations.

b) Class III injection wells in existing fields or projects. Notwithstanding the

prohibition in Section 704.121, this Section authorizes Class III injection wells or

projects in existing fields or projects to continue normal operations until

147

permitted, including construction, operation, and plugging and abandonment of

wells as part of the operation provided the owner or operator maintains

compliance with all applicable requirements.

BOARD NOTE: Derived from 40 CFR 144.21(a) and (d) (1993), as renumbered and amended

at 58 Fed. Reg. 63895 (Dec. 3, 1993) (2005).

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

Section 704.142 Prohibitions on Against Injection into Wells Authorized by Rule

An owner or operator of a well authorized by rule pursuant to this Subpart C is prohibited from

injecting into the well on the occurrence of any of the following:

a) Upon the effective date of an applicable permit denial;

b) Upon a failure to submit a permit application in a timely manner pursuant to

Section 704.147 or 704.161;

c) Upon a failure to submit inventory information in a timely manner pursuant to

Section 704.148;

d) Upon a failure to comply with a request for information in a timely manner

pursuant to Section 704.149;

e) Upon a failure to provide alternative financial assurance pursuant to Section

704.150(d)(6);

f) 48 hours after receipt of a determination by the Agency pursuant to Section

704.150(f)(3) that the well lacks mechanical integrity, unless the Agency orders

immediate cessation pursuant to Section 34 of the Act or as ordered by a court

pursuant to Section 43 of the Act [415 ILCS 5/43];

g) Upon receipt of notification from the Agency that the transferee has not

demonstrated financial assurance pursuant to Section 704.150(d); or

h) For Class I and Class III injection wells: after March 3, 1989, unless a timely and

complete permit application for a permit was pending the Agency’s decision;

i) This subsection (i) corresponds with 40 CFR 144.21(c)(9), a provision related to

Class II injection wells, which are regulated by the Illinois Department of Mines

and Minerals, and not by the Board. This statement maintains structural

consistency with U.S. EPA USEPA rules.

BOARD NOTE: Derived from 40 CFR 144.21(c), as added at 58 Fed. Reg. 63895 (Dec. 3,

1993) (2005).

148

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

Section 704.143 Expiration of Authorization

The authorization provided in Section 704.141 shall expire expires upon the earliest of the

following events:

a) Upon the effective date of a permit issued pursuant to any of Sections 704.147,

704.161, 704.162, or 704.163;

b) After plugging or abandonment in accordance with an approved plugging and

abandonment plan pursuant to Section 704.150(c) and 35 Ill. Adm. Code 730.110,

and upon submission of a plugging and abandonment report pursuant to Section

704.150(k); or

c) Upon conversion in compliance with Section 704.150(j).

BOARD NOTE: Derived from 40 CFR 144.21(b) (1993), as renumbered and amended at 58

Fed. Reg. 63895 (Dec. 3, 1993) (2005).

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

Section 704.144 Requirements

Any person authorized by rule under Section 704.141 shall must comply with the applicable

requirements of Section 704.148 and 35 Ill. Adm. Code 730.

BOARD NOTE: Derived from 40 CFR 144.21(e) (1993), as amended and renumbered at 58

Fed. Reg. 63895 (Dec. 3, 1993) (2005).

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

Section 704.145 Existing Class IV Injection Wells

a) Injection into a Class IV wells injection well, as defined in Section 704.106(d)(1),

is not authorized. The owner or operator of any such well must comply with

Sections 704.124 and 704.203.

b) Closure.

1) Prior to abandoning any Class IV injection well, the owner or operator

must plug or otherwise close the well in a manner acceptable to the

Agency.

2) By September 27, 1986, the owner and operator of any Class IV injection

149

well was to have submitted to the Agency a plan for plugging or otherwise

closing and abandoning the well.

3) The owner or operator of a Class IV injection well must notify the Agency

of intent to abandon the well at least 30 days prior to abandonment.

c) Notwithstanding the requirements of subsections (a) and (b) of this Section, an

injection wells well that is used to inject contaminated groundwater that has been

treated and which is being injected into the same formation from which it was

drawn are is authorized by rule for the life of the well if such subsurface

emplacement of fluids is approved by USEPA, pursuant to provisions for cleanup

of releases under the Comprehensive Environmental Response, Compensation,

and Liability Act of 1980 (CERCLA), (42 U.S.C. 9601-9675 et seq.), or by

USEPA pursuant to requirements and provisions under the Resource

Conservation and Recovery Act (RCRA), (42 U.S.C. 6901-6987 et seq.), or by

the the Agency, pursuant to Section 39 of the Act [415 ILCS 5/39].

BOARD NOTE: Derived from 40 CFR 144.23 (1999), as amended at 64 Fed. Reg. 68566

(December 7, 1999) (2005).

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

Section 704.146 Class V Injection Wells

a) A Class V injection well is authorized by rule, subject to the conditions set forth

in Section 704.284.

b) Duration of well authorization by rule. Well authorization under this Section

expires upon the effective date of a permit issued pursuant to any of Sections

704.147, 704.161, 704.162, or 704.163.

c) Prohibition of injection. An owner or operator of a well that is authorized by rule

pursuant to this Section is prohibited from injecting into the well on the

occurrence of any of the following:

1) Upon the effective date of an applicable permit denial;

2) Upon a failure to submit a permit application in a timely manner pursuant

to Section 704.147 or 704.161;

3) Upon a failure to submit inventory information in a timely manner

pursuant to Section 704.148; or

4) Upon a failure to comply with a request for information in a timely

manner pursuant to Section 704.149.

150

BOARD NOTE: Derived from 40 CFR 144.24 (2000) (2005).

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

Section 704.147 Requiring a Permit

a) The Agency may require the owner or operator of any Class I, Class III, or Class

V injection well that is authorized by rule under this Subpart C to apply for and

obtain an individual or area UIC permit. Cases where individual or area UIC

permits may be required include the following:

1) The injection well is not in compliance with any requirement of this

Subpart C;

BOARD NOTE: Any underground injection that violates any rule under

this Subpart C is subject to appropriate enforcement action.

2) The injection well is not or no longer is within the category of wells and

types of well operations authorized in the rule;

3) The protection of USDWs requires that the injection operation be

regulated by requirements, such as for corrective action, monitoring and

reporting, or operation, which that are not contained in this Subpart C.

4) When the injection well is a Class I or Class III injection well, in

accordance with a schedule established by the Agency pursuant to Section

704.161(b).

b) The Agency may require the owner or operator of any well that is authorized by

rule under this Subpart C to apply for an individual or area UIC permit under this

subsection (b) only if the owner or operator has been notified in writing that a

permit application is required. The owner or operator of a well that is authorized

by rule is prohibited from injecting into the well: on the occurrence of either of

the circumstances of subsection (b)(1) or (b)(2) of this Section, subject to

subsection (b)(3) of this Section.

1) Upon the effective date of a permit denial, or

2) Upon the failure of the owner or operator to submit an application in a

timely manner as specified in the notice.

3) The notice shall must include all of the following:

A) A brief statement of the reasons for this decision;

B) An application form;

151

C) A statement setting a time for the owner or operator to file the

application; and

D) A statement of the consequences of denial or issuance of the

permit, or failure to submit an application, as described in this

subsection (b).

c) An owner or operator of a well that is authorized by rule may request to be

excluded from the coverage of the rule by applying for an individual or area UIC

permit. The owner or operator shall must submit to the Agency an application

under Section 704.161 with reasons supporting the request, to the Agency. The

Agency may grant any such request.

BOARD NOTE: Derived from 40 CFR 144.25, as amended at 58 Fed. Reg. 63896 (Dec. 3,

1993) (2005).

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

Section 704.148 Inventory Requirements

The owner or operator of an injection well that is authorized by rule under this Subpart C must

submit inventory information to the Agency. Such an owner or operator is prohibited from

injecting into the well upon failure to submit inventory information for the well to the Agency

within the time frame specified in subsection (d) or (e) of this Section.

a) Contents. As part of the inventory, the owner or operator must submit at least the

following information:

1) Facility

The facility name and location;

2) Name

The name and address of legal contact;

3) Ownership

The ownership of facility;

4) Nature

The nature and type of injection wells; and

5) Operating

The operating status of injection wells.

BOARD NOTE: This information is requested on national form “Inventory of

Injection Wells,” OMB No. 158-R0170 USEPA Form 7520-16, incorporated by

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

b) Additional contents. The owner or operator of a well listed in subsection (b)(1) of

this Section must provide the information listed in subsection (b)(2) of this

Section.

152

1) This Section applies to the following wells:

A) Corresponding 40 CFR 144.26(b)(1)(i) pertains to Class II

injection wells, which are regulated by the Department of Natural

Resources pursuant to the Illinois Oil and Gas Act [225 ILCS 725]

(see 62 Ill. Adm. Code 240). This statement maintains structural

consistency with the corresponding federal provisions;

B) Class IV injection wells;

C) The following types of Class V injection wells:

i) Sand

A sand or other backfill wells well, 35 Ill. Adm. Code

730.105(e)(8);

ii) Radioactive

A radioactive waste disposal wells well that

are is not a Class I wells injection well, 35 Ill. Adm. Code

730.105(e)(11);

iii) Geothermal

A geothermal energy recovery wells well, 35

Ill. Adm. Code 730.105(e)(12);

iv) Brine

A brine return flow wells well, 35 Ill. Adm. Code

730.105(e)(14);

v) Wells

A well used in an experimental technology

technologies, 35 Ill. Adm. Code 730.105(e)(15);

vi) Municipal and

A municipal or industrial disposal wells

well other than a Class I injection well; and

vii) Any other Class V wells injection well, at the discretion of

the Agency.

2) The owner or operator of a well listed in subsection (b)(1) of this Section

must provide a listing of all wells owned or operated setting forth the

following information for each well. (A single description of wells at a

single facility with substantially the same characteristics is acceptable.)

A) Corresponding 40 CFR 144.26(b)(2)(i) pertains to Class II wells,

which are regulated by the Department of Natural Resources

pursuant to the Illinois Oil and Gas Act [225 ILCS 725] (see 62 Ill.

Adm. Code 240). This statement maintains structural consistency

with the corresponding federal provisions;

153

B) Location

The location of each well or project given by Township,

Range, Section, and Quarter-Section;

C) Date

The date of completion of each well;

D) Identification and depth of the formation(s) formations into which

each well is injecting;

E) Total

The total depth of each well;

F) Casing

The casing and cementing record, tubing size, and depth of

packer;

G) Nature

The nature of the injected fluids;

H) Average

The average and maximum injection pressure at the

wellhead;

I) Average

The average and maximum injection rate; and

J) Date

The date of the last mechanical integrity tests, if any.

c) This subsection (c) corresponds with 40 CFR 144.26(c), a provision relating to

USEPA notification to facilities upon authorization of the state’s program. This

statement maintains structural consistency with USEPA rules.

d) Deadlines. Except as provided in subsection (e) of this Section, the The owner or

operator of an injection well must submit inventory information no later than

March 3, 1985. The Agency need not require inventory information from any

facility with RCRA interim status under 35 Ill. Adm. Code 703.

e) Deadlines for a Class V Wells injection well.

1) The owner or operator of a Class V injection well in which injection took

place within one year after the date of approval by USEPA of the Illinois

UIC program before March 3, 1985, and who failed to submit inventory

information for the well within the time specified in subsection (d) of this

Section may resume injection 90 days after submittal of the inventory

information to the Agency, unless the owner or operator receives notice

from the Agency that injection may not resume or that it may resume

sooner.

2) The owner or operator of a Class V injection well in which injection

started later than March 3, 1985, must submit inventory information prior

to May 2, 1995.

154

3) The owner or operator of a Class V injection well in which injection

started after May 2, 1994 must submit inventory information prior to

starting injection.

4) The owner or operator of a Class V injection well prohibited from

injecting for failure to submit inventory information for the well within the

time specified in subsection (e)(2) or (e)(3) of this Section may resume

injection 90 days after submittal of the inventory information to the

Agency, unless the owner or operator receives notice from the Agency

that injection may not resume, or that it may resume sooner.

BOARD NOTE: Wells A well that were was in existence as of March 3,

1984, were was required to submit inventory information by March 3,

1985. Since all wells other than a Class V wells are injection well is now

either prohibited or required to file a permit applications application, the

inventory requirement will apply only to a new Class V wells injection

well.

BOARD NOTE: Derived from 40 CFR 144.26 (1999), as amended at 64 Fed. Reg. 68566 (Dec.

7, 1999) (2005).

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

Section 704.149 Requiring other Information

a) In addition to the inventory requirements of Section 704.148, the Agency may

require the owner or operator of any well authorized by rule under this Subpart C

to submit information as deemed necessary by the Agency to determine whether a

well may be endangering an underground source of drinking water a USDW in

violation of Section 704.122.

b) Such information requirements may include, but are not limited to the following:

1) Performance of groundwater monitoring and the periodic submission of reports of

such monitoring;

1) Performance of groundwater monitoring and the periodic submission of

reports of such monitoring;

2) An analysis of injected fluids, including periodic submission of such analyses;

and

2) An analysis of injected fluids, including periodic submission of such

analyses; and

3) A description of the geologic strata through and into which injection is taking

155

place.

3) A description of the geologic strata through and into which injection is

taking place.

c) Any request for information under this Section shall must be made

in writing, and include a brief statement of the reasons for requiring the

information. An owner or operator shall must submit the information within the

time period(s) periods provided in the notice.

cd) An owner or operator of an injection well authorized by rule under this Subpart C

is prohibited from injecting into the well upon failure of the owner or operator to

comply with a request for information within the time period specified by the

Agency pursuant to subsection (c) above of this Section. An owner or operator of

a well prohibited from injection under this Section shall may not resume

injection, except under a permit issued pursuant to any of Sections 704.147,

704.161, 704.162, or 704.163.

BOARD NOTE: Derived from 40 CFR 144.27 (1993), as amended at 58 Fed. Reg. 63896 (Dec.

3, 1993) (2005).

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

Section 704.150 Requirements for Class I and III Injection Wells authorized Authorized by

Rule

The following requirements apply to the owner or operator of a Class I or Class III well

authorized by rule under this Subpart C, as provided by Section 704.144.

a) The owner or operator shall must comply with all applicable requirements of this

Subpart C and with Sections 704.121, 704.122, 704.124, 704.201, 704.202, and

704.203. Any noncompliance with these requirements constitutes a violation of

the Act and the Safe Drinking Water Act SDWA and is grounds for enforcement

action, except that the owner or operator need not comply with these requirements

to the extent and for the duration such noncompliance is authorized by an

emergency permit under Section 704.163.

b) Twenty-four hour reporting. The owner or operator shall must report any

noncompliance that may endanger health or the environment, including either of

the events described in subsection (b)(1) or (b)(2) of this Section, subject to the

conditions of subsection (b)(3) of this Section:

1) Any monitoring or other information that indicates that any contaminant

may cause an endangerment to a USDW; or

2) Any noncompliance or malfunction of the injection system that may cause

156

fluid migration into or between USDW’s; or.

3) Any information shall must be provided orally within 24 hours from the

time the owner or operator becomes aware of the circumstances. A

written submission shall must also be provided within five days of the

time the owner or operator becomes aware of the circumstances. The

written submission shall must contain a description of the noncompliance

and its cause; the period of noncompliance;, including exact dates and

times, and if the noncompliance has not been corrected, the anticipated

time it is expected to continue; and steps taken or planned to reduce,

eliminate, and prevent recurrence of the noncompliance.

c) Plugging and abandonment plan.

1) The owner or operator shall must prepare, maintain, and comply with a

plan for plugging and abandonment of the wells or project that meets the

requirements of 35 Ill. Adm. Code 730.110. For purposes of this

subsection (c), temporary intermittent cessation of injection operations is

not abandonment.

2) Submission of plan.

A) The owner or operator shall must submit the plan on any forms

prescribed by the Agency.

B) The owner or operator shall must submit any proposed significant

revision to the method of plugging reflected in the plan no later

than the notice of plugging required by subsection (i) of this

Section (i.e., 45 days prior to plugging, unless shorter notice is

approved).

C) The plan shall must include the following information:

i) The nature and quantity and material to be used in

plugging;

ii) The location and extent (by depth) of the plugs;

iii) Any proposed test or measurement to be made;

iv) The amount, size, and location (by depth) of casing to be

left in the well;

v) The method and location where casing is to be parted; and

vi) The estimated cost of plugging the well.

157

D) After a cessation of operations of two years the owner or operator

shall must plug and abandon the well in accordance with the plan,

unless the owner or operator performs both of the following

actions:

i) Provides

It provides written notice to the Agency; and

ii) Describe

It describes actions or procedures, satisfactory to

the Agency that the owner or operator will take to ensure

that the well will not endanger USDW’s during the period

of temporary abandonment. These actions and procedures

shall must include compliance with the technical

requirements applicable to active injection wells, unless the

operator obtains regulatory relief in the form of a variance

or adjusted standard from the technical requirements

pursuant to 35 Ill. Adm. Code 104 and Title IX of the

Environmental Protection Act [415 ILCS 5/Title IX].

E) The owner or operator of any well that has been temporarily

abandoned (ceased operations for more than two years and which

has met the requirements of subsection (c)(2)(D)(i) and

(c)(2)(D)(ii)) of this Section shall must notify the Agency in

writing prior to resuming operation of the well.

d) Financial responsibility.

1) The owner or operator or transferor of a Class I or Class III injection well

is required to demonstrate and maintain financial responsibility and

resources to close, plug, and abandon the underground injection operation

in a manner acceptable to the Agency until one of the following has

occurred:

A) The well has been plugged and abandoned in accordance with an

approved plugging and abandonment plan pursuant to subsection

submission of a plugging and abandonment report has been made

pursuant to subsection (k) below of this Section;

B) The well has been converted in compliance with the requirements

of subsection (j) below of this Section; or

C) The transferor has received notice from the Agency that the

transferee has demonstrated financial responsibility for the well.

The owner or operator shall must show evidence of such financial

responsibility to the Agency by the submission of a surety bond or

158

other adequate assurance, such as a financial statement.

2) The owner or operator was to have submitted such evidence no later than

March 3, 1985. Where the ownership of operational control of the well

was transferred later than March 3, 1985, the transferee shall must submit

such evidence no later than the date specified in the notice required

pursuant to subsection (l)(2) below of this Section.

3) The Agency may require the owner or operator to submit a revised

demonstration of financial responsibility if the Agency has reason to

believe that the original demonstration is no longer adequate to cover the

cost of closing, plugging, and abandoning the well.

4) The owner or operator of a well injecting hazardous waste shall must

comply with the financial responsibility requirements of 704.Subpart G of

this Part.

5) An owner or operator must notify the Agency by certified mail of the

commencement of any voluntary or involuntary proceeding under Title 11

(Bankruptcy) of the United States Code that names the owner or operator

as debtor, within 10 business days after the commencement of the

proceeding. Any party acting as guarantor for the owner or operator for

the purpose of financial responsibility must so notify the Agency if the

guarantor is named as debtor in any such proceeding.

6) In the event of commencement of a proceeding specified in subsection

(d)(5) above of this Section, an owner or operator that has furnished a

financial statement for the purpose of demonstrating financial

responsibility under this Section shall will be deemed to be in violation of

this subsection (d) until an alternative financial assurance demonstration

acceptable to the Agency is provided either by the owner or operator or by

its trustee in bankruptcy, receiver, or other authorized party. All parties

shall must be prohibited from injecting into the well until such alternative

financial assurance is provided.

e) This subsection (e) corresponds with 40 CFR 144.28(e), which pertains

exclusively to enhanced recovery and hydrocarbon storage wells (Class II wells).

Those wells are regulated by the Illinois Department of Mines and Minerals,

rather than by the Board and the Agency. This statement maintains structural

consistency with U.S. EPA USEPA rules.

f) Operating requirements.

1) No person shall must cause or allow injection between the outermost

casing protecting underground sources of drinking water USDWs and the

well bore.

159

2) Maintenance of mechanical integrity.

A) The owner or operator of a Class I or Class III injection well

authorized by rule under this Subpart C shall must establish and

maintain mechanical integrity, as defined in 35 Ill. Adm. Code

730.106, until either of the following has occurred

i) The well is properly plugged and abandoned in accordance

with an approved plugging and abandonment plan pursuant

to subsection (c) above of this Section and 35 Ill. Adm.

Code 730.110 and a plugging and abandonment report is

submitted pursuant to subsection (k) below, or

ii) The well is converted in compliance with subsection (j)

below of this Section.

B) The Agency may require by permit condition that the owner or

operator comply with a schedule describing when mechanical

integrity demonstrations shall must be made.

3) Cessation upon Lack of Mechanical Integrity.

A) When the Agency determines that a Class I (non-hazardous) or

Class III injection well lacks mechanical integrity pursuant to 35

Ill. Adm. Code 730.108, the Agency shall must give written notice

of its determination to the owner or operator.

B) Unless the Agency requires immediate cessation, the owner or

operator shall must cease injection into the well within 48 hours of

receipt of the Agency’s determination.

C) The Agency may allow plugging of the well in accordance with the

requirements of 35 Ill. Adm. Code 730.110, or require the owner

or operator to perform such additional construction, operation,

monitoring, reporting, and corrective action as is necessary to

prevent the movement of fluid into or between USDWs caused by

the lack of mechanical integrity.

D) The owner or operator may resume injection upon receipt of

written notification from the Agency that the owner or operator has

demonstrated mechanical integrity pursuant to 35 Ill. Adm. Code

730.108.

4) The Agency may allow the owner or operator of a well that lacks

mechanical integrity pursuant to 35 Ill. Adm. Code 730.108(a)(1) to

160

continue or resume injection if the owner or operator has made a

satisfactory demonstration that there is no movement of fluid into or

between USDWs.

5) For a

Class I wells injection well, unless an alternative to a packer has

been approved under 35 Ill. Adm. Code 730.112(c), the owner or operator

shall must fill the annulus between the tubing and the long string of

casings with a fluid approved by the Agency and maintain a pressure, also

approved by the Agency, on the annulus. The owner or operator of a

Class I well completed with tubing and packer shall must fill the annulus

between tubing and casing with a non-corrosive fluid and maintain a

positive pressure on the annulus. For any other Class I wells injection

well, the owner or operator shall must insure that the alternative

completion method will reliably provide a comparable level of protection

of underground sources of drinking water USDWs.

6) Injection pressure for Class I and III injection wells.

A) Except during stimulation, the owner or operator shall must not

exceed an injection pressure at the wellhead that shall must be

calculated so as to assure that the pressure during injection does

not initiate new fractures or propagate existing fractures in the

injection zone; and

B) The owner or operator shall must not inject at a pressure that will

initiate fractures in the confining zone or cause the movement of

injection or formation fluids into an underground source of

drinking water a USDW.

g) Monitoring Requirements. The owner or operator shall must perform the

monitoring as described in this subsection (g). Monitoring of the nature of the

injected fluids must comply with applicable analytical methods cited in Table I

Tables IA (List of Approved Biological Methods), IB (List of Approved

Inorganic Test Procedures), IC (List of Approved Test Procedures for Non-

Pesticide Organic Compounds), ID (List of Approved Test Procedures for

Pesticides), IE (List of Approved Radiologic Test Procedures), and IF (List of

Approved Methods for Pharmaceutical Pollutants) of 40 CFR 136.3

(Identification of Test Procedures) (1993) or in Appendix III of 40 CFR 261

(Chemical Analysis Test Methods) (1992), each incorporated by reference in 35

Ill. Adm. Code 720.111(b), or with other methods that have been approved by the

Agency.

1) The owner or operator of a Class I injectionwell shall must undertake the

following actions:

A) Analyze

It must analyze the nature of the injected fluids with

161

sufficient frequency to yield data representative of their

characteristics;

B) Install

It must install and use continuous recording devices to

monitor injection pressure, flow rate and volume, and the pressure

on the annulus between the tubing and the long string of casing;

and

C) Install

It must install and use monitoring wells within the area of

review, if required by the Agency, to monitor any migration of

fluids into and pressure in the underground sources of drinking

water USDWs. The type, number, and location of the wells; the

parameters to be measured; and the frequency of monitoring must

be approved by the Agency.

2) This subsection (g)(2) corresponds with 40 CFR 144.28(g)(2), a provision

related to Class II injection wells, which are regulated by the Illinois

Department of Mines and Minerals, and not by the Board. This statement

maintains structural consistency with U.S. EPA USEPA rules.

3) The owner or operator of a Class III injection well shall must undertake

the following actions:

A) Provide

It must provide to the Agency a qualitative analysis and

ranges in concentrations of all constituents of injected fluids at

least once within the first year of authorization and thereafter

whenever the injection fluid is modified to the extent that the

initial data are incorrect or incomplete.

i) The owner or operator may request confidentiality pursuant

to Sections 7 and 7.1 of the Act and 35 Ill. Adm. Code 120

130.

ii) If the information is proprietary the owner or operator may

in lieu of the ranges in concentrations choose to submit

maximum concentrations that shall must not be exceeded.

iii) In such a case the owner or operator shall must retain

records of the undisclosed concentration and provide them

upon request to the Agency as part of any enforcement

investigation;

B) Monitor injection pressure and either flow rate or volume semi-

monthly, or meter and record daily injected and produced fluid

volumes as appropriate;

162

C) Monitor the fluid level in the injection zone semi-monthly, where

appropriate; and

D) All Class III injection wells may be monitored on a field or project

basis rather than an individual well basis by manifold monitoring.

Manifold monitoring may be used in cases of facilities consisting

of more than one injection well, operating with a common

manifold. Separate monitoring systems for each well are not

required provided the owner or operator demonstrates to the

Agency that manifold monitoring is comparable to individual well

monitoring.

h) Reporting requirements. The owner or operator shall must submit reports to the

Agency as follows:

1) For a

Class I wells injection well, quarterly reports on all of the following:

A) The physical, chemical, and other relevant characteristics of the

injection fluids;

B) Monthly average, maximum and minimum values for injection

pressure, flow rate and volume, and annular pressure;

C) The results from groundwater monitoring wells prescribed in

subsection (f)(1)(C) of this Section;

D) The results of any test of the injection well conducted by the owner

or operator during the reported quarter if required by the Agency;

and

E) Any well work over performed during the reported quarter.

2) This subsection (h)(2) corresponds with 40 CFR 144.28(h)(2), a provision

related to Class II injection wells, which are regulated by the Illinois

Department of Mines and Minerals, and not by the Board. This statement

maintains structural consistency with U.S. EPA USEPA rules.

3) For a

Class I wells injection well, all of the following:

A) Quarterly reporting on all monitoring, as required in subsections

(f)(2)(A), (f)(2)(B), and (f)(2)(C) of this Section;

B) Quarterly reporting of the results of any periodic tests required by

the Agency that are performed during the reported quarter; and

C) Monitoring may be reported on a project or field basis rather than

163

an individual well basis where manifold monitoring is used.

i) Retention of records. The owner or operator shall must retain records of all

monitoring information, including the following:

1) Calibration and maintenance records and all original strip chart recordings

for continuous monitoring instrumentation, and copies of all reports

required by this section, for a period of at least three years from the date of

the sample, measurement or report. This period may be extended by

request of the Agency at any time; and

2) The nature and composition of all injected fluids until three years after the

completion of any plugging and abandonment procedures specified under

Section 704.188. The owner or operator shall must retain the records after

the three year retention period unless it delivers the records to the Agency

or obtains written approval from the Agency to discard the records.

j) Notice of abandonment. The owner or operator shall must notify the Agency at

least 45 days before conversion or abandonment of the well.

k) Plugging and abandonment report. Within 60 days after plugging a well or at the

time of the next quarterly report (whichever is less) the owner or operator shall

must submit a report to the Agency. If the quarterly report is due less than 15

days before completion of plugging, then the report shall must be submitted

within 60 days. The report shall must be certified as accurate by the person who

performed the plugging operation. Such report shall must consist of either:

1) A statement that the well was plugged in accordance with the plan

previously submitted to the Agency; or

2) Where actual plugging differed from the plan previously submitted, an

updated version of the plan, on any form supplied by the Agency,

specifying the different procedures used.

l) Change of ownership.

1) The owner or operator shall must notify the Agency of a transfer of

ownership or operational control of the well at least 30 days in advance of

the proposed transfer.

2) The notice shall must include a written agreement between the transferor

and the transferee containing a specific date when the financial

responsibility demonstration of subsection (d) above of this Section will

be met by the transferee.

3) The transferee is authorized to inject unless it receives notification from

164

the Agency that the transferee has not demonstrated financial

responsibility pursuant to subsection (d) above of this Section.

m) Requirements for a Class I Hazardous Waste Wells hazardous waste injection

well. The owner or operator of any Class I injection well injecting hazardous

waste shall must comply with Section 704.203. In addition the owner or operator

shall must properly dispose of, or decontaminate by removing all hazardous waste

residues, all injection well equipment.

BOARD NOTE: Derived from 40 CFR 144.28 (1993), as amended at 58 Fed. Reg. 63897 (Dec.

3, 1993) (2005).

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

Section 704.151 RCRA Interim Status for Class I Injection Wells

The minimum standards which that define acceptable injection of hazardous waste during the

period of interim status under 35 Ill. Adm. Code 703 are set out in the applicable provisions of

this Part, 35 Ill. Adm. Code 725.530 and 730. The issuance of a UIC permit does not

automatically terminate interim status. A Class I injection well’s interim status does, however,

automatically terminate upon issuance to that well of a RCRA permit to that well, or upon the

well’s receiving a RCRA permit by rule under 35 Ill. Adm. Code 703.141. Thus, until a Class I

injection well injecting hazardous waste receives a RCRA permit or RCRA permit by rule, the

well’s interim status requirements are the applicable requirements imposed pursuant to this Part

and 35 Ill. Adm. Code 725 and 730, including any requirements imposed in the UIC permit.

(BOARD NOTE: See Derived from 40 CFR 144.1(h), as adopted at 52 Fed. Reg. 45797,

December 1, 1987) (2005).

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

SUBPART D: APPLICATION FOR PERMIT

Section 704.161 Application for Permit; Authorization by Permit

a) Permit application. Unless an underground injection well is authorized by rule

under 704.Subpart C of this Part, all injection activities, including construction of

an injection well, are prohibited until the owner or operator is authorized by

permit. An owner or operator of a well currently authorized by rule must apply

for a permit under this Section unless the well authorization was for the life of the

well or project. Authorization by rule for a well or project for which a permit

application has been submitted terminates for the well or project upon the

effective date of the permit. Procedures for application, issuance, and

administration of emergency permits are found exclusively in Section 704.163. A

RCRA permit applying the standards of Subpart C of 35 Ill. Adm. Code

724.Subpart C will constitute a UIC permit for hazardous waste injection wells

165

for which the technical standards in 35 Ill. Adm. Code 730 are not generally

appropriate.

BOARD NOTE: Derived Subsection (a) of this Section is derived from 40 CFR

144.31(a) (1993), as amended at 58 Fed. Reg. 63897 (Dec. 3, 1993) (2005).

b) Time to apply. Any person who performs or proposes an underground injection

for which a permit is was or will be required shall must submit an application to

the Agency as follows:

1) For existing wells, the application was to have been filed before the

applicable of the following deadlines:

A) Within 180 days after the Agency notifies such person that an

application is required; or

B) If the waste being injected into the well is a hazardous waste

accompanied by a manifest or delivery document, by before

August 1, 1984; or

C) Except as otherwise provided in subsections (b)(1)(A) and

(b)(1)(B) of this Section, by before March 3, 1986.

2) For new injection wells, except new wells in projects authorized under

Section 704.141(b) or covered by an existing area permit under Section

704.162(c), the application must be filed a reasonable time before

construction is expected to begin.

BOARD NOTE: Derived Subsection (b) of this Section is derived from 40 CFR

144.31(c) (1993), as amended at 58 Fed. Reg. 63898 (Dec. 3, 1993) (2005).

c) Contents of UIC application. The applicant shall must demonstrate that the

underground injection will not endanger drinking water sources. The form and

content of the UIC permit application may be prescribed by the Agency, including

the materials required by 35 Ill. Adm. Code 702.123.

d) Information requirements for a Class I hazardous waste injection wells well.

1) The following information is required for each active Class I hazardous

waste injection well at a facility seeking a UIC permit:

A) Dates

The dates the well was operated.

B) Specification of all wastes that have been injected into the well, if

available.

166

2) The owner or operator of any facility containing one or more active

hazardous waste injection wells must submit all available information

pertaining to any release of hazardous waste or constituents from any

active hazardous waste injection well at the facility.

3) The owner or operator of any facility containing one or more active Class

I hazardous waste injection wells must conduct such preliminary site

investigations as are necessary to determine whether a release is

occurring, has occurred, or is likely to have occurred.

BOARD NOTE: Derived Subsection (d) of this Section is derived from 40 CFR

144.31(g) (1993) (2005).

e) In addition to the materials required by 35 Ill. Adm. Code 702.123, the applicant

must provide the following:

1) The applicant shall It must identify and submit on a list with the permit

application the names and addresses for all owners of record of land

within one-quarter mile (401 meters) of the facility boundary. This

requirement may be waived by the Agency where the site is located in a

populous area such that the requirement would be impracticable.

2) The applicant shall It must submit a plugging and abandonment plan that

meets the requirements of 35 Ill. Adm. Code 730.110.

BOARD NOTE: Derived Subsection (e) of this Section is derived from 40 CFR

144.31(e)(9) and (e)(10) (1993), as amended at 58 Fed. Reg. 63898 (Dec. 3, 1993)

(2005).

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

Section 704.162 Area Permits

a) The Agency may issue a permit on an area basis, rather than for each well

individually, provided that the permit is for injection wells for which the followig

are true:

1) Described

They are described and identified by location in permit

application(s) applications, if they are existing wells, except that the

Agency may accept a single description of multiple wells with

substantially the same characteristics; and

2) Within

They are within the same well field, facility site, reservoir, project,

or similar unit in the same State; and

3) Operated

They are operated by a single owner or operator; and

167

4) Used

They are used to inject other than hazardous waste.

b) Area permits shall must specify both of the following:

1) The area within which underground injections are authorized, and

2) The requirements for construction, monitoring, reporting, operation, and

abandonment for all wells authorized by the permit.

c) The area permit may authorize the permittee to construct and operate, convert, or

plug and abandon new injection wells within the permit area provided the

following conditions are fulfilled:

1) The permittee notifies the Agency at such time as the permit requires;

2) The additional well satisfies the criteria in subsection (a) above of this

Section and meets the requirements specified in the permit under

subsection (b) above of this Section; and

3) The cumulative effects of drilling and operation of additional injection

wells are considered by the Agency during evaluation of the area permit

application and are acceptable to the Agency.

d) If the Agency determines that any well constructed pursuant to subsection (c)

above of this Section does not satisfy any of the requirements of subsections

(c)(1) and (c)(2) above of this Section, the Agency may modify the permit under

35 Ill. Adm. Code 702.183 through 702.185, seek revocation under 35 Ill. Adm.

Code 702.186, or take enforcement action. If the Agency determines that

cumulative effects are unacceptable, the permit may be modified under 35 Ill.

Adm. Code 702.183 through 702.185.

BOARD NOTE: Derived from 40 CFR 144.33 (1993) (2005).

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

Section 704.163 Emergency Permits

a) Coverage. Notwithstanding any other provision of this Part or 35 Ill. Adm. Code

702 or 705, the Agency may temporarily permit a specific underground injection

if an imminent and substantial endangerment threat to the health of persons will

result unless a temporary emergency permit is granted.

b) Requirements for issuance.

1) Any temporary permit under subsection (a) of this Section shall must be

168

for no longer term than required to prevent the hazard threat.

2) Notice of any temporary permit under this subsection (b) shall must be

published in accordance with 35 Ill. Adm. Code 705.163 within 10 days of

the issuance of the permit.

3) The temporary permit under this section may be either oral or written. If

oral, it must be followed within 5 five calendar days by a written

temporary emergency permit.

4) The Agency shall must condition the temporary permit in any manner it

determines is necessary to ensure that the injection will not result in the

movement of fluids into an underground source of drinking water a

USDW.

(Board Note: See BOARD NOTE: Derived from 40 CFR 144.34 (2005).)

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

SUBPART E: PERMIT CONDITIONS

Section 704.181 Additional Conditions

The following conditions apply to all UIC permits, in addition to those set forth in 35 Ill. Adm.

Code 702.140 through 702.152, apply to all UIC permits and shall these conditions must be

incorporated into all permits either expressly or by reference. If incorporated by reference, a

specific citation to these regulations must be given in the permit.

a) In addition to 35 Ill. Adm. Code 702.141 (duty to comply): the permittee need

not comply with the provisions of this permit to the extent and for the duration

such noncompliance is authorized in a temporary emergency permit under Section

704.163.

BOARD NOTE: Derived Subsection (a) of this Section is derived from 40 CFR

144.51(a) (1993) (2005).

b) In addition to 35 Ill. Adm. Code 702.150(b) (monitoring and records): the

permittee shall must retain records concerning the nature and composition of all

injected fluids until three years after the completion of any plugging and

abandonment procedures specified under Section 704.188 or under Subpart G of

35 Ill. Adm. Code 730.Subpart G, as appropriate. The owner or operator shall

must continue to retain the records after the three year three-year retention period,

unless the owner or operator delivers the records to the Agency or obtains written

approval from the Agency to discard the records.

BOARD NOTE: Derived Subsection (b) of this Section is derived from 40 CFR

169

144.51(j)(2)(ii) (1993) (2005).

c) In addition to 35 Ill. Adm. Code 702.152(a) (notice of planned changes), the

following: except for all new wells authorized by an area permit under Section

704.162(c), a new injection well may not commence injection until construction is

complete, and both of the following must occur:

1) The permittee has must have submitted notice of completion of

construction to the Agency; and

2) Inspection Review must have occurred, as follows:

A) The Agency has inspected or otherwise reviewed the new injection

well and finds it is in compliance with the conditions of the permit;

B) The permittee has not received notice from the Agency of its intent

to inspect or otherwise review the new injection well within 13

days of the date of the notice in subsection (c)(1) of this Section, in

which case prior inspection or review is waived, and the permittee

may commence injection. The Agency shall must include in its

notice a reasonable time period in which it will inspect the well.

BOARD NOTE: Derived Subsection (c) of this Section is derived from 40 CFR

144.51(m) (1993) (2005).

d) Reporting Noncompliance.

1) Twenty-four hour reporting. The permittee shall must report any

noncompliance that may endanger health or the environment, including

the following:

A) Any monitoring or other information that indicates that any

contaminant may cause an endangerment to a USDW.; and

B) Any noncompliance with a permit condition or malfunction of the

injection system that may cause fluid migration into or between

USDWs.

2) Any information shall must be provided orally within 24 hours from the

time the permittee becomes aware of the circumstances. A written

submission shall must also be provided within 5 five days of the time the

permittee becomes aware of the circumstances. The written submission

shall must contain a description of the noncompliance and its cause; the

period of noncompliance, including exact dates, times, and, if the

noncompliance has not been corrected, the anticipated time is expected to

170

continue; and steps taken or planned to reduce, eliminate, and prevent

reoccurrence of the noncompliance of the noncompliance.

BOARD NOTE: Derived Subsection (d) of this Section is derived from 40 CFR

144.51(l)(6) (1993) (2005).

e) The permittee shall must notify the Agency at such times as the permit requires

before conversion or abandonment of the well or, in the case of area permits,

before closure of the project.

BOARD NOTE: Derived Subsection (e) of this Section is derived from 40 CFR

144.51(n) (1993) (2005).

f) A Class I or Class III permit shall must include, and a Class V permit may

include, conditions that meet the applicable requirements of 35 Ill. Adm. Code

730.110 to insure that plugging and abandonment of the well will not allow the

movement of fluids into or between USDWs. Where the plan meets the

requirements of 35 Ill. Adm. Code 730.110, the Agency shall must incorporate it

into the permit as a permit condition. Where the Agency’s review of an

application indicates that the permittee’s plan is inadequate, the Agency may

require the applicant to revise the plan, prescribe conditions meeting the

requirements of this subsection (f), or deny the permit. For purposes of this

subsection (f), temporary or intermittent cessation of injection operations is not

abandonment.

BOARD NOTE: Derived Subsection (f) of this Section is derived from 40 CFR

144.51(o), as added at 58 Fed. Reg. 63898 (Dec. 3, 1993) (2005).

g) Plugging and abandonment report. Within 60 days after plugging a well or at the

time of the next quarterly report (whichever is less) the owner or operator shall

must submit a report to the Agency. If the quarterly report is due less than 15

days before completion of plugging, then the report shall must be submitted

within 60 days. The report shall must be certified as accurate by the person who

performed the plugging operation. Such report shall must consist of either of the

following:

1) A statement that the well was plugged in accordance with the plan

previously submitted to the Agency;

2) Where actual plugging differed from the plan previously submitted, an

updated version of the plan on the form supplied by the Agency specifying

the differences.

BOARD NOTE: Derived Subsection (g) of this Section is derived from 40 CFR

144.51(p) (1993), as renumbered at 58 Fed. Reg. 63898 (Dec. 3, 1993) (2005).

171

h) Duty to establish and maintain mechanical integrity.

1) The owner or operator of a Class I or Class III injection well permitted

under this Part and 35 Ill. Adm. Code 702 shall must establish prior to

commencing injection or on a schedule determined by the Agency, and

thereafter mechanical integrity, as defined in 35 Ill. Adm. Code 730.108.

The Agency may require by permit condition that the owner or operator

comply with a schedule describing when mechanical integrity

demonstrations must be made.

2) When the Agency determines that a Class I or Class III injection well

lacks mechanical integrity pursuant to 35 Ill. Adm. Code 730.108, it shall

must give written notice of its determination to the owner or operator.

Unless the Agency requires immediate cessation, the owner or operator

shall must cease injection into the well within 48 hours of receipt of the

Agency determination. The Agency may allow plugging of the well

pursuant to the requirements of 35 Ill. Adm. Code 730.110 or require the

permittee to perform such additional construction, operation, monitoring,

reporting, and corrective action as is necessary to prevent the movement

of fluid into or between USDWs caused by the lack of mechanical

integrity. The owner or operator may resume injection upon written

notification from the Agency that the owner or operator has demonstrated

mechanical integrity pursuant to 35 Ill. Adm. Code 730.108.

3) The Agency may allow the owner or operator of a well that lacks

mechanical integrity pursuant to 35 Ill. Adm. Code 730.108(a)(1) to

continue or resume injection, if the owner or operator has made a

satisfactory showing that there is no movement of fluid into or between

USDWs.

BOARD NOTE: Derived Subsection (h) of this Section is derived from 40 CFR

144.51(q), as added at 58 Fed. Reg. 63898 (Dec. 3, 1993) (2005).

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

Section 704.182 Establishing UIC Permit Conditions

In addition to the conditions established under 35 Ill. Adm. Code 702.160 and Section 704.181,

each UIC permit shall must include conditions meeting the requirements of the following

sections Sections, when applicable.

BOARD NOTE: Derived from 40 CFR 144.52(a) preamble (1993) (2005).

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

172

Section 704.183 Construction Requirements

Existing wells shall must achieve compliance with construction requirements as set forth in 35

Ill. Adm. Code 730 according to a compliance schedule established as a permit condition. The

owner or operator of a proposed new injection well shall must submit plans for testing, drilling,

and construction as part of the permit application. Except as authorized by an area permit, no

construction may commence until a permit has been issued containing construction requirements

(see Section 704.121). New wells shall must be in compliance with these requirements prior to

commencing injection operations. Changes in construction plans during construction may be

approved by the Agency as minor modifications. (See 35 Ill. Adm. Code 702.187.) No such

changes may be physically incorporated into construction of the well prior to approval of the

modification by the Agency.

BOARD NOTE: Derived from 40 CFR 144.52(a)(1) (1993) (2005).

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

Section 704.184 Corrective Action

UIC permits shall must require by condition corrective action as set forth in Section 704.193 and

35 Ill. Adm. Code 730.107.

BOARD NOTE: Derived from 40 CFR 144.52(a)(2) (1993) (2005).

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

Section 704.185 Operation Requirements.

The permit shall must establish any maximum injection volumes and pressures necessary to

assure that fractures are not initiated in the confining zone, that injected fluids do not migrate

into any underground source of drinking water USDW, that formation fluids are not displaced

into any underground source of drinking water USDW, and to assure compliance with the 35 Ill.

Adm. Code 730 operating requirements.

BOARD NOTE: Derived from 40 CFR 144.52(a)(3) (1993) (2005).

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

Section 704.186 Hazardous Waste Requirements

UIC permits shall must require by condition requirements for wells managing hazardous waste,

as set forth in 704.Subpart F of this Part.

BOARD NOTE: Derived from 40 CFR 144.52(a)(4) (1993) (2005).

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

173

Section 704.187 Monitoring and Reporting

UIC permits shall must require by condition monitoring and reporting requirements, as set forth

in 35 Ill. Adm. Code 730. The permittee shall must be required to identify types of tests and

methods used to generate the monitoring data. Monitoring of the nature of the injected fluids

must comply with applicable analytical methods cited and described in Table I Tables IA (List of

Approved Biological Methods), IB (List of Approved Inorganic Test Procedures), IC (List of

Approved Test Procedures for Non-Pesticide Organic Compounds), ID (List of Approved Test

Procedures for Pesticides), IE (List of Approved Radiologic Test Procedures), and IF (List of

Approved Methods for Pharmaceutical Pollutants) of 40 CFR 136.3 (1985) (Identification of

Test Procedures), each incorporated by reference in 35 Ill. Adm. Code 720.111(b); or as stated in

Appendix III of 40 CFR 261 (1985) Appendix III to 35 Ill. Adm. Code 261; or, in certain

circumstances, by other methods which that have been approved in writing by the Agency.

(Board Note: See BOARD NOTE: Derived from 40 CFR 144.52(a)(5) (2005).)

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

Section 704.188 Plugging and Abandonment

Any permit shall must include a requirement that, after a cessation of operations of two years,

the owner or operator shall must plug and abandon the well in accordance with the plan unless

he it does the following:

a) Provides

It provides notice to the Agency; and

b) Describes

It describes actions or procedures satisfactory to the Agency that the

owner or operator will take to ensure that the well will not endanger USDWs

during the period of temporary abandonment. These actions and procedures shall

must include compliance with the technical requirements applicable to active

injection wells, unless waived by the Agency.

(Board Note: See BOARD NOTE: Derived from 40 CFR 144.52(a)(6) (2005).)

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

Section 704.189 Financial Responsibility

a) The permittee, including the transferor of a permit, is required to demonstrate and

maintain financial responsibility and resources to close, plug, and abandon the

underground injection operation in a manner prescribed by the Agency until one

of the following occurs:

1) The well has been plugged and abandoned in accordance with an approved

plugging and abandonment plan pursuant to Section 704.181(f) and 35 Ill.

174

Adm. Code 730.110, and the permittee has submitted a plugging and

abandonment report pursuant to Section 704.181(g);

2) The well has been converted in compliance with the requirements of

704.181(e); or

3) The transferor of a permit has received notice from the Agency that the

owner or operator receiving transfer of the permit (the new permittee) has

demonstrated financial responsibility for the well.

b) The permittee must show evidence of financial responsibility to the Agency by

the submission of a surety bond or other adequate assurance, such as financial

statements or other materials acceptable to the Agency. The Agency may on a

periodic basis require the holder of a life-time permit to submit an estimate of the

resources needed to plug and abandon the well revised to reflect inflation of such

costs, and a revised demonstration of financial responsibility if necessary.

c) The owner or operator of a well injecting hazardous waste must comply with the

financial responsibility requirements of 704.Subpart G of this Part.

BOARD NOTE: Derived from 40 CFR 144.52(a)(7) (1993), as amended at 58 Fed. Reg. 63898

(Dec. 3, 1993) (2005).

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

Section 704.190 Mechanical Integrity

A permit for any Class I or Class III injection well or injection project that lacks mechanical

integrity shall must include, or for any Class V injection well may include, a condition

prohibiting injection operations until the permittee shows to the satisfaction of the Agency under

35 Ill. Adm. Code 730.108 that the well has mechanical integrity.

BOARD NOTE: Derived from 40 CFR 144.52(a)(8) (1993) (2005).

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

Section 704.191 Additional Conditions

The Agency shall must impose on a case-by-case basis such additional conditions as are

necessary to prevent the migration of fluids into underground sources of drinking water a

USDW.

BOARD NOTE: Derived from 40 CFR 144.52(a)(9) (1993) (2005).

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

175

Section 704.192 Waiver of Requirements by Agency

a) When injection does not occur into, through, or above an underground source of

drinking water a USDW, the Agency may authorize a well or project with less

stringent requirements for area of review, construction, mechanical integrity,

operation, monitoring, and reporting than required in 35 Ill. Adm. Code 730 or

Sections 704.182 through 704.191 to the extent that the reduction in requirements

will not result in an increased risk of movement of fluids into an underground

source of drinking water a USDW.

b) When injection occurs through or above an underground source of drinking water

a USDW, but the radius of endangering influence when computed under 35 Ill.

Adm. Code 730.106(a) is smaller or equal to the radius of the well, the Agency

may authorize a well or project with less stringent requirements for operation,

monitoring, and reporting than required in 35 Ill. Adm. Code 730 or Sections

704.182 through 704.191 to the extent that the reduction in requirements will not

result in an increased risk of movement of fluids into an underground source of

drinking water a USDW.

c) When reducing requirements under subsection (a) or (b) above of this Section, the

Agency shall must prepare a fact sheet under 35 Ill. Adm. Code 705.143

explaining the reasons for the action.

BOARD NOTE: Derived from 40 CFR 144.16 (1993) (2005).

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

Section 704.193 Corrective Action

a) Coverage. Applicants An applicant for a Class I or Class III injection well

permits shall permit must identify the location of all known wells within the

injection well’s area of review that penetrate the injection zone. For such wells

that are improperly sealed, completed, or abandoned, the applicant shall must also

submit a plan consisting of such steps or modifications as are necessary to prevent

movement of fluid into underground sources of drinking water USDWs

(“corrective action”). Where the plan is adequate, the Agency shall must

incorporate it into the permit as a condition. Where the Agency’s review of an

application indicates that the permittee’s plan is inadequate (based on the factors

in 35 Ill. Adm. Code 730.107), the Agency shall must require the applicant to

revise the plan, prescribe a plan for corrective action as a condition of the permit

under subsection (b) below of this Section, or deny the application.

b) Requirements.

1) Existing Injection Wells injection wells. Any permit issued for an existing

injection well requiring corrective action shall must include a compliance

176

schedule requiring any corrective action accepted or prescribed under

subsection (a) above of this Section to be completed as soon as possible.

2) New injection wells. No permit for a new injection well may authorize

injection until all required corrective action has been taken.

3) Injection pressure limitation. The Agency may require as a permit

condition that injection pressure in the injection zone does not exceed

hydrostatic pressure at the site of any improperly completed or abandoned

well within the area of review. This pressure limitation shall must satisfy

the corrective action requirement. Alternatively, such injection pressure

limitation can be part of a compliance schedule an and last until all other

required corrective action has been taken.

4) Class III injection wells only. When setting corrective action

requirements the Agency shall must consider the overall effect of the

project on the hydraulic gradient in potentially affected USDWs and the

corresponding changes in potentiometric surface(s) surfaces and flow

direction(s) directions rather than the discrete effect of each well. If a

decision is made that corrective action is not necessary based on the

determinations above, the monitoring program required in 35 Ill. Adm.

Code 730.133(b) shall must be designed to verify the validity of such

determinations.

BOARD NOTE: Derived from 40 CFR 144.55 (1993) (2005).

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

Section 704.194 Maintenance and Submission of Records

The Agency shall must include, as a condition to any UIC permit, a requirement that the owner

or operator of the injection well shall must establish and maintain such records, make such

reports, conduct such monitoring, and provide such other information as the Agency deems

necessary to determine whether the owner or operator has acted or is acting in compliance with

the Act and Board regulations.

BOARD NOTE: Derived from 40 CFR 144.17, as added at 58 Fed. Reg. 63895 (Dec. 3, 1993)

(2005).

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

177

SUBPART F: REQUIREMENTS FOR WELLS INJECTING HAZARDOUS

WASTE

Section 704.201 Applicability

The regulations in this Part apply subpart F applies to all generators a generator of hazardous

waste, and to the owners owner or operators operator of all any hazardous waste management

facilities, using that uses any class of well to inject hazardous wastes accompanied by a manifest.

(See also Section 704.124.)

(Board Note: See BOARD NOTE: Derived from 40 CFR 144.14(a) (2005).)

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

Section 704.202 Authorization

The owner or operator of any well that is used to inject hazardous wastes accompanied by a

manifest or delivery document was required to apply for authorization to inject, as specified in

Section 704.161(b)(1)(B), by August 2, 1984.

(Board Note: See BOARD NOTE: Derived from 40 CFR 144.14(b) (2005).)

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

Section 704.203 Requirements

In addition to requiring compliance with the applicable requirements of this Part and 35 Ill.

Adm. Code 730, the owner or operator of any facility described in Section 704.202 shall must

comply with the following requirements:

a) Notification. The owner or operator shall must comply with the notification

requirements of Section section 3010 of the Resource Conservation and Recovery

Act (42 U.S.C. 6901 et seq.).

b) Identification number. The owner or operator shall must comply with the

requirements of 35 Ill. Adm. Code 724.111 and 40 CFR 264.11 (1992).

c) Manifest system. The owner or operator shall must comply with the applicable

recordkeeping and reporting requirements for manifested wastes in 35 Ill. Adm.

Code 724.171 and 40 CFR 264.71 (1992).

d) Manifest discrepancies. The owner or operator shall must comply with 35 Ill.

Adm. Code 724.172 and 40 CFR 264.72 (1992).

e) Operating record. The owner or operator shall must comply with 35 Ill. Adm.

Code 724.173(a), (b)(1), and (b)(2) and 40 CFR 264.73(a), (b)(1) and (b)(2)

178

(1992), as amended at 57 Fed. Reg. 3487 (Jan. 29, 1992).

f) Annual report. The owner or operator shall must comply with 35 Ill. Adm. Code

724.175 and 40 CFR 264.75 (1992).

g) Unmanifested waste report. The owner or operator shall must comply with 35 Ill.

Adm. Code 724.176 and 40 CFR 264.76 (1992).

h) Personnel training. The owner or operator shall must comply with the applicable

personnel training requirements of 35 Ill. Adm. Code 724.116 and 40 CFR 264.16

(1992).

i) Certification of closure. When abandonment is completed, the owner or operator

must submit to the Agency certification by the owner or operator and certification

by an independent registered professional engineer that the facility has been

closed in accordance with the specifications in Section 704.188.

BOARD NOTE: Derived from 40 CFR 144.14(c) (1993) (2005).

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

SUBPART G: FINANCIAL RESPONSIBILITY FOR CLASS I HAZARDOUS

WASTE INJECTION WELLS

Section 704.210 Applicability

The requirements of Sections 704.212, 704.213, and 704.240 apply to owners the owner and

operators operator of all an existing and or new Class I Hazardous waste injection wells well,

except as provided otherwise in this Subpart G.

(Board Note: See BOARD NOTE: Derived from 40 CFR 144.60 (2005).)

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

Section 704.211 Definitions

a) “Plugging and abandonment plan” or “plan” means the plan for plugging and

abandonment prepared in accordance with the requirements of Sections 704.150

and 704.181(f).

b) “Current plugging and abandonment cost estimate” or “current cost estimate”

means the most recent of the estimates prepared in accordance with Sections

704.212(a), (b), and (c).

c) “Parent corporation” means a corporation which that directly owns at least 50

percent of the voting stock of the corporation which that is the injection well

179

owner or operator; the latter corporation is deemed a “subsidiary” of the parent

corporation.

d) The following terms are used in the specifications for the financial test for

plugging and abandonment. The definitions are intended to represent the

common meanings of the terms as they are generally used by the business

community.

“Assets” means all existing and all probable future economic benefits

obtained or controlled by a particular entity.

“Current assets” means cash or other assets or resources commonly

identified as those which that are reasonably expected to be realized in

cash or sold or consumed during the normal operating cycle of the

business.

“Current liabilities” means obligations whose liquidation is reasonably

expected to require the use of existing resources properly classifiable as

current assets or the creation of other current liabilities.

“Independently audited” refers to an audit performed by an independent

certified public accountant in accordance with generally accepted auditing

standards.

“Liabilities” means probable future sacrifices of economic benefits arising

from present obligations to transfer assets or provide services to other

entities in the future as a result of past transactions or events.

“Net working capital” means current assets minus current liabilities.

“Net worth” means total assets minus total liabilities and is equivalent to

owner’s equity.

“Tangible net worth” means the tangible assets that remain after deducting

liabilities; such assets would not include intangibles such as goodwill and

rights to patents or royalties.

(Board Note: See BOARD NOTE: Derived from 40 CFR 144.61 (2005).)

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

Section 704.212 Cost Estimate for Plugging and Abandonment

a) The owner or operator must prepare a written estimate, in current dollars, of the

cost of plugging the injection well in accordance with the plugging and

abandonment plan, as specified in Section 704.150 and 704.181(f). The cost

180

estimate must equal the cost of plugging and abandonment at the point in the

facility’s operating life when the extent and manner of its operation would

making plugging and abandonment the most expensive, as indicated by its plan.

b) The owner or operator must adjust the cost estimate for inflation within 30 days

after each anniversary of the date on which the first cost estimate was prepared.

The adjustment must be made as specified in subsections (b)(1) and (b)(2) of this

Section, using an inflation factor derived from the annual Oil and Gas Field

Equipment Cost Index update to “Oil and Gas Lease Equipment and Operating

Costs 1987 to [Date]” published by the U.S. Department of Treasury. The

inflation factor is the result of dividing the latest published annual Index by the

Index for the previous years.

1) The first adjustment is made by multiplying the cost estimate by the

inflation factor. The result is the adjusted cost estimate.

2) Subsequent adjustments are made by multiplying the latest adjusted cost

estimate by the latest inflation factor.

BOARD NOTE: Corresponding 40 CFR 144.62(b) cites “Oil and Gas Field

Equipment Cost Index” without attribution of its source. The Board has located a

publication entitled “Oil and Gas Lease Equipment and Operating Costs 1987 to

[Date].” It is assembled by the U.S. Department of Energy, Energy Information

Administration. It is available only on the Internet at www.eia.doe.gov. The

Board replaced the federally cited reference with this document. The full link for

the document (in March 2006) is as follows:

http://www.eia.doe.gov/pub/oil_gas/natural_gas/data_publications/cost_indices_e

quipment_production/current/coststudy.html.

c) The owner or operator must review the cost estimate whenever a change in the

plan increases the cost of plugging and abandonment. The revised cost estimate

must be adjusted for inflation as specified in subsection (b) of this Section.

d) The owner or operator must keep the following at the facility during the operating

life of the facility: the latest cost estimate prepared in accordance with subsections

(a) and (c) of this Section and, when this estimate has been adjusted in accordance

with subsection (b) of this Section, the latest adjusted cost estimate.

(Board Note: See BOARD NOTE: Derived from 40 CFR 144.62 (2005).)

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

Section 704.213 Financial Assurance for Plugging and Abandonment

An owner or operator of each facility must establish “financial assurance” for the plugging and

abandonment of each existing and new Class I hazardous waste injection well. The owner or

181

operator must choose one of the following financial assurance mechanisms:

a) Trust

A trust fund (Section 704.214);

b) Surety

A surety bond guaranteeing payment (Section 704.215);

c) Surety

A surety bond guaranteeing performance (Section 704.216);

d) Letter

A letter of credit (Section 704.217);

e) Insurance (Section 704.218); or

f) Financial

The financial test and corporate guarantee (Section 704.219);

BOARD NOTE: Derived from 40 CFR 144.63 preamble (1993) (2005).

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

Section 704.214 Trust Fund

a) An owner or operator may satisfy the financial assurance requirement by

establishing a trust fund which that conforms to the requirements of this Section

and submitting an original, signed duplicate of the trust agreement to the Agency.

An owner or operator of a Class I injection well injecting hazardous waste must

submit the original, signed duplicate of the trust agreement to the Agency with the

permit application or for approval to operate under rule. The trustee must be an

entity which that has the authority to act as a trustee and whose trust operations

are regulated and examined by a Federal or State agency.

b) The wording of the trust agreement must be as specified in Section 704.240, and

the trust agreement must be accompanied by a formal certification of

acknowledgment. Schedule A of the trust agreement must be updated within 60

days after a change in the amount of the current cost estimate covered by the

agreement.

c) Payments into the trust fund must be made annually by the owner or operator over

the term of the initial permit or over the remaining operating life of the injection

well as estimated in the plan, whichever period is shorter; this period is hereafter

referred to as the “pay-in period.”. The payments into the trust fund must be

made as follows:

1) For a new well, the first payment must be made before the initial injection

of hazardous waste. A The owner or operator must submit a receipt to the

Agency from the trustee for this payment must be submitted by the owner

or operator to the Agency before this the initial injection of hazardous

waste. The first payment must be at least equal to the current cost

182

estimate, except as provided in Section 704.240, divided by the number of

years in the pay-in period. Subsequent payments must be made no later

than 30 days after each anniversary date of the first payment. The amount

of each subsequent payment must be determined by this formula:

Next payment = (PE - CV)/Y

where PE is the current cost estimate, CV is the current value of the trust

fund and Y is the number of years remaining in the pay-in period.

Payment

−

Where

PE is the current cost estimate

CV is the current value of the trust fund

Y is the number of years remaining in the pay-in period.

2) If an owner or operator establishes a trust fund as specified in this Section,

and the value of that trust fund is less than the current cost estimate when

a permit is issued for the injection well, the amount of current cost

estimate still to be paid into the trust fund must be paid in over the pay-in

period as defined in subsection (c) of this Section. Payments must

continue to be made no later than 30 days after each anniversary date of

the first payment made pursuant to this Part. The amount of each payment

must be determined by this formula:

Next payment = (PE - CV)/Y

where PE is the current cost estimate, CV is the current value of the trust

fund and Y is the number of years remaining in the pay-in period.

Payment

−

Where

PE is the current cost estimate

CV is the current value of the trust fund

Y is the number of years remaining in the pay-in period.

183

d) The owner or operator may accelerate payments into the trust fund or the owner

or operator may deposit the full amount of the current cost estimate at the time the

fund is established. However, the owner or operator must maintain the value of

the fund at no less than the value that the fund would have if annual payments

were made as specified in subsection (c) of this Section.

e) If the owner or operator establishes a trust fund after having used one or more

alternate financial assurance mechanisms, the owner or operator’s first payment

must be in at least the amount that the fund would contain if the trust fund were

established initially and annual payments made according to specifications of this

Section.

f) After the pay-in period is completed, whenever the current cost estimate changes

the owner or operator must compare the new estimate with the trustee’s most

recent annual valuation of the trust fund. If the value of the fund is less than the

amount of the new estimate, the owner or operator, within 60 days after the

change in the cost estimate, must either deposit an amount into the fund so that its

value after this deposit at least equals the amount of the current cost estimate,

orobtain or obtain other financial assurance to cover the difference.

g) If the value of the trust fund is greater than the total amount of the current cost

estimate, the owner or operator may submit a written request to the Agency for

release of the amount in excess of the current cost estimate.

h) If an owner or operator substitutes other financial assurance for all or part of the

trust fund, the owner or operator may submit a written request to the Agency for

release of the amount in excess of the current cost estimate covered by the trust

fund.

i) Within 60 days after receiving a request from the owner or operator for release of

funds as specified in subsection (g) or (h) of this Section, the Agency will must

instruct the trustee to release to the owner or operator such funds as the Agency

specifies in writing.

j) After beginning final plugging and abandonment, an owner and operator or any

other person authorized to perform plugging and abandonment may request

reimbursement for plugging and abandonment expenditures by submitting

itemized bills to the Agency. Within 60 days after receiving bills for plugging

and abandonment activities, the Agency will must determine whether the

plugging and abandonment expenditures are in accordance with the plan or

otherwise justified, and if so, will it must instruct the trustee to make

reimbursement in such amounts as the Agency specifies in writing. If the Agency

has reason to believe that the cost of plugging and abandonment will be

significantly greater than the value of the trust fund, it may withhold

reimbursement of such amounts as it deems prudent until it determines, in

184

accordance with Section 704.222 that the owner or operator is no longer required

to maintain financial assurance.

k) The Agency will must agree to termination of the trust when either of the

following occurs:

1) An

The owner or operator substitutes alternate financial assurance; or

2) The Agency releases the owner or operator in accordance with Section

704.222.

(Board Note: See BOARD NOTE: Derived from 40 CFR 144.63(a) (2005).)

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

Section 704.215 Surety Bond Guaranteeing Payment

a) An owner or operator may satisfy the financial assurance requirement by

obtaining a surety bond which that conforms to the requirements of this Section

and submitting the bond to the Agency with the application for a permit or for

approval to operate under rule. The bond must be effective before the initial

injection of hazardous waste. The surety company issuing the bond must, at a

minimum, be among those listed as acceptable sureties on Federal bonds in

Circular 570 of the U.S. Department of the Treasury.

BOARD NOTE: The U.S. Department of Treasury updates Circular 570,

“Companies Holding Certificates of Authority as Acceptable Sureties on Federal

Bonds and as Acceptable Reinsuring Companies,” on an annual basis pursuant to

31 CFR 223.16. Circular 570 is available on the Internet from the following

website: http://www.fms.treas.gov/c570/.

b) The wording of the surety bond must be as specified in Section 704.240.

c) The owner or operator who uses a surety bond to satisfy the financial assurance

requirement must also establish a standby trust fund. All payments made under

the terms of the bond will must be deposited by the surety directly into the

standby trust fund in accordance with instructions from the Agency. This standby

trust fund must meet the requirements specified in Section 704.214, except that

the following limitations apply:

1) An original, signed duplicate of the trust agreement must be submitted to

the Agency with the surety bond; and

2) Until the standby trust fund is funded pursuant to the requirements of this

Section, the following are not required:

185

A) Payments into the trust fund as specified in Section 704.214;

B) Updating of Schedule A of the trust agreement to show current

cost estimates;

C) Annual valuations as required by the trust agreement; and

D) Notices of non-payment as required by the trust agreement.

d) The bond must guarantee that the owner or operator will fulfill the following

requirements:

1) Fund

It will fund the standby trust fund in an amount equal to the penal

sum of the bond before the beginning of plugging and abandonment of the

injection well; or

2) Fund

It will fund the standby trust fund in an amount equal to the penal

sum within 15 days after an order to begin plugging and abandonment is

issued by the Board or a U.S. district court or other court of competent

jurisdiction; or

3) Provide

It will provide alternate financial assurance, and obtain the

Agency’s written approval of the assurance provided, within 90 days after

receipt by both the owner or operator and the Agency of a notice of

cancellation of the bond from the surety.

e) Under the terms of the bond, the surety will become liable on the bond obligation

when the owner or operator fails to perform as guaranteed by the bond.

f) The penal sum of the bond must be in amount at least equal to the current cost

estimate, except as provided in Section 704.220.

g) Whenever the current cost estimate increases to an amount greater than the penal

sum, the owner or operator, within 60 days after the increase, must either cause

the penal sum to be increased to an amount at least equal to the current cost

estimate and submit evidence of such increase to the Agency, or obtain other

financial assurance to cover the increase. Whenever the current cost estimate

decreases, the penal sum may be reduced to the amount of the current cost

estimate following written approval by the Agency.

h) Under the terms of the bond, the surety may cancel the bond by sending notice of

cancellation by certified mail to the owner or operator and to the Agency.

Cancellation may not occur, however, during 120 days beginning on the date of

the receipt of the notice of cancellation by both owner or operator and the Agency

as evidenced by the returned receipts.

186

i) The owner or operator may cancel the bond if the Agency has given prior written

consent based on receipt of evidence of alternate financial assurance.

(Board Note: See BOARD NOTE: Derived from 40 CFR 144.63(b) (2005).)

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

Section 704.216 Surety Bond Guaranteeing Performance

a) An owner or operator may satisfy the financial assurance requirement by

obtaining a surety bond which that conforms to the requirements of this Section

and submitting the bond to the Agency. An owner or operator of a new facility

must submit the bond to the Agency with the permit application or for approval to

operate under rule. The bond must be effective before injection of hazardous

waste is started. The surety company issuing the bond must, at a minimum, be

among those listed as acceptable sureties on Federal bonds in Circular 570 of the

U.S. Department of the Treasury.

BOARD NOTE: The U.S. Department of Treasury updates Circular 570,

“Companies Holding Certificates of Authority as Acceptable Sureties on Federal

Bonds and as Acceptable Reinsuring Companies,” on an annual basis pursuant to

31 CFR 223.16. Circular 570 is available on the Internet from the following

website: http://www.fms.treas.gov/c570/.

b) The wording of the surety bond must be as specified in Section 704.240.

c) The owner or operator who uses a surety bond to satisfy the financial assurance

requirement must also establish a standby trust fund. All payments made under

the terms of the bond will must be deposited by the surety directly into the

standby trust fund in accordance with instructions from the Agency. This standby

trust fund must meet the requirements specified in Section 704.214, except that

the following limitations apply:

1) An original, signed duplicate of the trust agreement must be submitted to

the Agency with the surety bond; and

2) Until the standby trust fund is funded pursuant to the requirements of this

Section, the following are not required:

A) Payments into the trust fund as specified in Section 704.214;

B) Updating of Schedule A of the trust agreement to show current

cost estimates;

C) Annual valuations as required by the trust agreement; and

187

D) Notices of non-payment as required by the trust agreement.

d) The bond must guarantee that the owner or operator will fulfill the following

requirements:

1) Perform

It will perform plugging and abandonment in accordance with the

plan and other requirements of the permit for the injection well whenever

required to do so; or

2) Provide

It will provide alternate financial assurance, and obtain the

Agency’s written approval of the assurance provided, within 90 days after

receipt by both the owner or operator and the Agency of a notice of

cancellation of the bond from the surety.

e) Under the terms of the bond, the surety will become liable on the bond obligation

when the owner or operator fails to perform as guaranteed by the bond.

Following a determination that the owner or operator has failed to perform

plugging and abandonment in accordance with the plan and other permit

requirements when required to do so, under terms of the bond the surety will must

perform plugging and abandonment as guaranteed by the bond or will must

deposit the amount of the penal sum into the standby trust fund.

f) The penal sum of the bond must be in an amount at least equal to the current cost

estimate.

g) Whenever the current cost estimate increases to an amount greater than the penal

sum, the owner or operator, within 60 days after the increase, must either cause

the penal sum to be increased to an amount at least equal to the current cost

estimate and submit evidence of such increase to the Agency, or obtain other

financial assurance. Whenever the current cost estimate decreases, the penal sum

may be reduced to the amount of the current cost estimate following written

approval by the Agency.

h) Under the terms of the bond, the surety may cancel the bond by sending notice of

cancellation by certified mail to the owner or operator and to the Agency.

Cancellation may not occur, however, during 120 days beginning on the date of

the receipt of the notice of cancellation by both owner or operator and the Agency

as evidenced by the returned receipts.

i) The owner or operator may cancel the bond if the Agency has given prior written

consent. The Agency will must provide such written content when either of the

following occurs:

1) An owner or operator substitute alternate financial assurance; or;

2) The Agency releases the owner or operator in accordance with Section

188

704.222.

j) The surety will not be liable for deficiencies in the performance of plugging and

abandonment by the owner or operator after the Agency releases the owner or

operator in accordance with Section 704.222.

(Board Note: See BOARD NOTE: Derived from 40 CFR 144.63(c) (2005).)

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

Section 704.217 Letter of Credit

a) An owner or operator may satisfy the financial assurance requirement by

obtaining an irrevocable standby letter of credit which that conforms to the

requirements of this Section and submitting the letter to the Agency. An owner or

operator of an injection well must submit the letter of credit to the Agency during

submission of the permit application or for approval to operate under rule. The

letter of credit must be effective before initial injection of hazardous waste. The

issuing institution must be entity which that has the authority to issue letters of

credit and whose letter-of-credit operations are regulated and examined by a

Federal federal or State agency.

b) The wording of the letter of credit but must be as specified in Section 704.240.

c) An owner or operator who uses a letter of credit to satisfy the financial assurance

requirement must also establish a standby trust fund. Under the terms of the letter

of credit, all amounts paid pursuant to a draft by the Agency will must be

deposited by the issuing institution directly into the standby trust fund in

accordance with instructions from the Agency. This standby trust fund must meet

the requirements of the trust fund specified in Section 704.214, except that the

following limitations apply:

1) An original, signed duplicate of the trust agreement must be submitted to

the Agency with the letter of credit; and

2) Unless the standby trust fund is funded pursuant to the requirements of

this Section, the following are not required:

A) Payments into the trust fund as specified in Section 704.214;

B) Updating of Schedule A of the trust agreement to show current

cost estimates;

C) Annual valuations as required by the trust agreement; and

D) Notices of non-payment as required by the trust agreement.

189

d) The letter of credit must be accompanied by a letter from the owner or operator

referring to the letter of credit by number, issuing institution and date, and

providing the following information: the EPA Identification Number USEPA

identification number, name and address of the facility, and the amount of funds

assured for plugging and abandonment of the well by the letter of credit.

e) The letter of credit must be irrevocable and issued for a period of at least 1 one

year. The letter of credit must provide that the expiration date will be

automatically extended for a period of at least 1 one year unless, at least 120 days

before the current expiration date, the issuing institution notifies both the owner

or operator and the Agency by certified mail of a decision not to extend the

expiration date. Under the terms of the letter of credit, the 120 days will begin on

the date when both the owner or operator and the Agency have received the

notice, as evidenced by the return receipts.

f) The letter of credit must be issued in an amount at least equal to the current cost

estimate, except as provided in Section 704.220.

g) Whenever the current cost estimate increases to an amount greater than the

amount of the credit, the owner or operator, within 60 days after the increase,

must either cause the amount of the letter of credit to be increased so that it at

least equals the current cost estimate and submit evidence of such increase to the

Agency, or obtain other financial assurance to cover the increase. Whenever the

current cost estimate decreases, the amount of the letter of credit may be reduced

to the amount of the current cost estimate following written approval by the

Agency.

h) Following a determination that the owner or operator has failed to perform final

plugging and abandonment in accordance with the plan and other permit

requirements when required to do so, the Agency may draw on the letter of credit.

i) If the owner or operator does not establish alternate financial assurance and obtain

written approval of such alternate assurance from the Agency within 90 days after

receipt by both the owner or operator and the Agency of a notice from the issuing

institution that it has decided not to extend the letter of credit beyond the current

expiration date, the Agency will must draw on the letter of credit. The Agency

may delay the drawing if the issuing institution grants an extension of the term of

the credit. During the last 30 days of any such extension the Agency will must

draw on the letter of credit if the owner or operator has failed to provide alternate

financial assurance and obtain written approval of such assurance from the

Agency.

j) The Agency will must return the letter of credit to the issuing institution for

termination when:

190

1) An owner or operator substitutes alternate financial assurance; or;

2) The Agency releases the owner or operator in accordance with Section

704.222.

(Board Note: See BOARD NOTE: Derived from 40 CFR 144.63(d) (2005).)

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

Section 704.218 Plugging and Abandonment Insurance

a) An owner or operator may satisfy the financial assurance requirement by

obtaining insurance which that conforms to the requirements of this Section and

submitting a certificate of such insurance to the Agency. An owner or operator of

a new injection well must submit the certificate of insurance to the Agency with

the permit application or for approval operate under rule. The insurance must be

effective before injection starts. At a minimum, the insurer must be licensed to

transact the business of insurance, or eligible to provide insurance as an excess or

surplus lines insurer, in one or more States.

b) The wording of the certificate of insurance must be as specified in Section

704.240.

c) The policy must be issued for a face amount at least equal to the current cost

estimate, except as provided in Section 704.220. The term “face amount” means

the total amount the insurer is obligated to pay under the policy. Actual payments

by the insurer will not change the face amount, although the insurer’s future

liability will be lowered by the amount of the payments.

d) The policy must guarantee that funds will be available whenever final plugging

and abandonment occurs. The policy must also guarantee that once plugging and

abandonment begins, the issurer insurer will be responsible for paying out funds,

up to an amount equal to the face amount of the policy, upon the direction of the

Agency to such party or parties as the Agency specifies.

e) After beginning plugging and abandonment, an owner or operator or any other

person authorized to perform plugging and abandonment may request

reimbursement for plugging and abandonment expeditures expenditures by

submitting itemized bills to the Agency. Within 60 days after receiving bills for

plugging and abandonment activities, the Agency will must determine whether

the plugging and abandonment expeditures expenditures are in accordance with

the plan or otherwise justified, and if so, will must instruct the insurer to make

reimbursement in such amounts as the Agency specifies in writing. If the Agency

has reason to believe that the cost of plugging and abandonment will be

significantly greater than the face amount of the policy, it may withhold

reimbursement of such amounts as it deems prudent until it determines, in

191

accordance with Section 704.222, that the owner or operator is no longer required

to maintain financial assurance for plugging and abandonment of the injection

well.

f) The owner or operator must maintain the policy in full force and effect until the

Agency consents to termination of the policy by the owner or operator, as

specified in subsection (j) of this Section. Failure to pay the premium, without

substitution of alternate financial assurance, will constitute a significant violation

of these regulations, warranting such remedy as the Agency deems necessary.

Such violation will be deemed to begin upon receipt by the Agency of a notice of

future cancellation, termination or failure to renew due to non-payment of the

premium, rather than upon the date of expiration.

g) Each policy must contain provisions allowing assignment to a successor owner or

operator. Such assignment may be conditional upon consent of the insurer,

provided such consent is not unreasonably refused.

h) The policy must provide that the insurer may not cancel, terminate, or fail to

renew the policy except for failure to pay the premium. The automatic renewal of

the policy must, at a minimum, provide the insured with the option of renewal at

the face amount of the expiring policy. If there is a failure to pay the premium,

the insurer may elect to cancel, terminate, or fail to renew the policy by sending

notice by certified mail to the owner or operator and the Agency. Cancellation,

termination, or failure to renew may not occur, however, during 120 days

beginning with the date of receipt of the notice by both the Agency and the owner

or operator, as evidenced by the return of receipts. Cancellation, termination, or

failure to renew may not occur and the policy will remain in full force and effect

in the event that on or before the date of expiration any of the following occurs:

1) The Agency deems the injection well abandoned;

2) The permit is terminated or revoked or a new permit is denied; or

3) Plugging and abandonment is ordered by the Board, or a U.S. district

court, or other any other court of competent jurisdiction; or

4) The owner or operator is named as debtor in a voluntary or involuntary

proceeding under 11 U.S.C. USC (Bankruptcy); or

5) The premium due is paid.

i) Whenever the current cost estimate increases to an amount greater than the face

amount of the policy, the owner or operator, within 60 days after the increase,

must either cause the face amount to be increased to an amount at least equal to

the current cost estimate and submit evidence of such increase to the Agency, or

obtain other financial assurance to cover the increase. Whenever the current cost

192

estimate decreases, the face amount may be reduced to the amount of the current

cost estimate following written approval by the Agency.

j) The Agency will must give written consent to the owner or operator that the

owner or operator may terminate the insurance policy when either of the

following occurs:

1) An owner or operator substitutes alternate financial assurance; or;

2) The Agency releases the owner or operator in accordance with Section

704.222.

(Board Note: See BOARD NOTE: Derived from 40 CFR 144.63(e) (2005).)

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

Section 704.219 Financial Test and Corporate Guarantee

a) An owner or operator may satisfy the financial assurance requirement by

demonstrating that the owner or operator passes a financial test as specified in this

Section. To pass this test the owner or operator must meet the criteria of either

subsection (a)(1) or (a)(2) of this Section:

1) The owner or operator must have each of the following:

A) Two of the following three ratios: A ratio of total liabilities to net

worth less than 2.0; a ratio of the sum of net income plus

depreciation, depletion, and amortization to total liabilities greater

than 0.1; and aratio of current assets to current liabilities greater

than 1.5; and

B) Net working capital and tangible net worth each at least six times

the sum of the current cost estimate; and

C) Tangible

A tangible net worth of at least $10 million; and

D) Assets in the United States amounting to at least 90 percent of the

owner or operator’s total assets or at least six times the sum of the

current cost estimate.

2) The owner or operator must have each of the following:

A) A current rating for the owner or operator’s most recent bond

issuance of AAA, AA, A, or BBB, as issued by Standard and

Poor’s, or Aaa, Aa, A, or Baa, as issued by Moody’s and;

193

B) Tangible

A tangible net worth at least six times the sum of the

current cost estimate; and

C) Tangible

A tangible net worth of at least $10 million; and

D) Assets located in the United States amounting to at least 90 percent

of the owner or operator’s total assets or at least six times the sum

of the current cost estimates.

b) The phrase “current cost estimate” as used in subsection (a) of this Section refers

to the cost estimate required to be shown in paragraphs 1 through 4 of the letter

from the owner’s or operator’s chief financial officer, as specified in Section

704.240.

c) To demonstrate that the owner or operator meets this test, the owner or operator

must submit the following items to the Agency:

1) A letter signed by the owner’s or operator’s chief financial officer and

worded as specified in Section 704.240; and

2) A copy of the independent certified public accountant’s report on

examination of the owner’s or operator’s financial statements for the latest

completed fiscal year; and

3) A special report from the owner’s or operator’s independent certified

public accountant to the owner or operator stating that the following are

true:

A) The accountant has compared the data which that the letter from

the chief financial officer specifies as having been derived from

the independently audited, year-end financial statements for the

latest fiscal year with the amounts in such financial statements; and

B) In connection with that procedure, no matters came to the

accountant’s attention which that caused the accountant to believe

that the specified data should be adjusted.

d) An owner or operator of a new injection well must submit the items specified in

subsection (c) of this Section to the Agency within 90 days after the close of each

succeeding fiscal year. This information must consist of all three items specified

in subsection (c) of this Section.

e) After the initial submission of items specified in subsection (c) of this Section, the

owner or operator must send updated information to the Agency within 90 days

after the close of each succeeding fiscal year. This information must consist of all

three items specified in subsection (c) of this Section.

194

f) If the owner or operator no longer meets the requirements of subsection (a) of this

Section, the owner or operator must send notice to the Agency intent to establish

alternate financial assurance. The notice must be sent by certified mail within 90

days after the end of the fiscal year for which the year-end financial data show

that the owner or operator no longer meets the requirements. The owner or

operator must provide the alternate financial assurance within 120 days after the

end of such fiscal year.

g) The Agency may, based on a reasonable belief that the owner or operator may no

longer meet the requirements of subsection (a) of this Section, require reports of

financial condition at any time from the owner or operator in addition to those

specified in subsection (c) of this Section. If the Agency finds, on the basis of

such reports or other information, that the owner or operator no longer meets the

requirements of subsection (a), the owner or operator must provide alternate

financial assurance within 30 days after notification of such a finding.

h) The Agency may disallow use of this test on the basis of qualifications in the

opinion expressed by the independent certified public accountant in the

accountant’s report on examination of the owner’s or operator’s financial

statements [(see subsection (c)(2) of this Section]). An adverse opinion or

disclaimer of opinion will be cause for disallowance. The Agency will must

evaluate other qualifications on an individual basis. The owner or operator must

provide alternate financial assurance within 30 days after notification of the

disallowance.

i) The owner or operator is no longer required to submit the items specified in

subsection (c) of this Section when either of the following occurs:

1) An owner or operator substitutes alternate financial assurance; or

2) The Agency releases the owner or operator in accordance with Section

704.222.

j) An owner or operator may meet the requirements of this Section by obtaining a

written guarantee, hereafter referred to as “corporate guarantee.”. The guarantor

must be the parent corporation of the owner or operator. The quarantor guarantor

must meet the requirements for owners or operators in subsections (a) through (h)

of this Section and must comply with the terms of the corporate guarantee. The

wording of the corporate guarantee must be as specified in Section 704.240. The

corporate guarantee must accompany the items sent to the Agency, as specified in

subsection (c) of this Section. The terms of the corporate guarantee guarantee

must provide that the following limitations apply:

1) If the owner or operator fails to perform plugging and abandonment of the

injection well covered by the corporate guarantee in accordance with the

195

plan and other permit requirements whenever required to do so, the

guarantor will must do so or establish a trust fund, as specified in Section

704.214 in the name of the owner or operator.

2) The corporate guarantee will must remain in force unless the guarantor

sends notice of cancellation by certified mail to the owner or operator and

the Agency, as evidenced by the return receipts. Cancellation may not

occur, however, during the 120 days beginning on the date of receipt of

the notice of cancellation by both the owner or operator and the Agency,

as evidenced by the return receipts.

3) If the owner or operator fails to provide alternate financial assurance and

obtain the written approval of such alternate assurance from the Agency

within 90 days after receipt by both the owner or operator and the Agency

of a notice of cancellation of the corporate guarantee from the guarantor,

the guarantor will must provide such alternative financial assurance in the

name of the owner or operator.

(Board Note: See BOARD NOTE: Derived from 40 CFR 144.63(f) (2005).)

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

Section 704.220 Multiple Financial Mechanisms

An owner or operator may satisfy the financial assurance requirement by establishing more than

one financial mechanism per injection well. These mechanisms are limited to trust funds, surety

bonds guaranteeing payment into a trust fund, letter of credit, and insurance. The mechanisms

must be as specified in Sections 704.214, 704.215, 704.217, and 704.218, respectively, except

that it is the combination of mechanisms, rather than the single mechanism, which that must

provide financial assurance for an amount at least equal to the current cost estimate. If an owner

or operator uses a trust fund in combination with a surety bond or letter of credit, the owner or

operator may use that trust fund as the standby trust fund for the other mechanisms. A single

standby trust may be established for two or more mechanisms. The Agency may invoke any or

all of the mechanisms to provide for plugging and abandonment of the injection well.

(Board Note: See BOARD NOTE: Derived from 40 CFR 144.63(g) (2005).)

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

Section 704.221 Financial Mechanism for Multiple Facilities

An owner or operator may use a financial assurance mechanism specified in Sections 704.213 or

704.220 to meet the financial assurance requirement for more than one injection well. Evidence

of financial assurance submitted to the Agency must include a list showing, for each injection

well, the EPA Identification Number USEPA identification number, name, address, and the

amount of funds for plugging and abandonment assured by the mechanisms. The operator shall

196

must provide sufficient financial assurance to the Agency to plug and abandon all of the wells

the operator has in Illinois. The amount of funds available through the mechanism must be no

less than the sum of funds that would be available if a separate mechanism has been established

and maintained for each injection well. In directing funds available through the mechanism for

plugging and abandonment of any of the injection wells covered by the mechanism, the Agency

may direct only the amount of funds designated for that injection well, unless the owner or

operator agrees to use additional funds available under the mechanism.

(Board Note: See BOARD NOTE: Derived from 40 CFR 144.63(h) (2005).)

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

Section 704.222 Release of the Owner or Operator

Within 60 days after receiving certifications from the owner or operator and an independent

registered professional engineer that plugging and abandonment has been accomplished in

accordance with the plan, the Agency will must notify the owner or operator in writing that the

owner or operator is no longer required by this Subpart G to maintain financial assurance for

plugging and abandonment of the injection well, unless the Agency has reason to believe that

plugging and abandonment has not been in accordance with the plan.

(Board Note: See BOARD NOTE: Derived from 40 CFR 144.63(i) (2005).)

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

Section 704.230 Incapacity

a) An owner or operator shall must notify the Agency by certified mail of the

commencement of a voluntary or involuntary proceeding under 11 U.S.C. USC

(Bankruptcy), naming the owner or operator as debtor, within 10 business days

after the commencement of the proceeding. A guarantor of a corporate guarantee

as specified in Section 704.219 must make such a notification if the guarantor is

named as debtor, as required under the terms of guarantee in Section 704.240.

b) An owner or operator who fulfills the requirements of Section 704.213 by

obtaining a letter of credit, surety bond, or insurance policy will be deemed to be

without the required financial assurance in the event of bankruptcy, insolvency or

a suspension or revocation of the license or charter of the issuing institution. The

owner or operator must establish other financial assurance within 60 days after

such an event.

(Board Note: See BOARD NOTE: Derived from 40 CFR 144.64 (2005).)

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

197

Section 704.240 Wording of the Instruments

The Board incorporates by reference 40 CFR 144.70 (1992), as amended at 59 Fed. Reg. 29959

(June 10, 1994). This incorporation includes no future amendments or editions. The Agency

will must promulgate standarized standardized forms based on 40 CFR 144.70 (Wording of the

Instruments), incorporated by reference in 35 Ill. Adm. Code 720.111(b), with such changes in

wording as are necessary under Illinois law. Any owner or operator required to establish

financial assurance under this Subpart G shall must do so only upon the standarized standardized

forms promulgated by the Agency. The Agency may reject any financial assurance document

that is not submitted on such standardized forms.

BOARD NOTE: Derived from 40 CFR 144.70 (1992), as amended at 59 Fed. Reg. 29959 (June

10, 1994) (2005).

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

SUBPART H: ISSUED PERMITS

Section 704.260 Transfer

a) Transfer by modification. Except as provided in subsection (b) of this Section, a

permit may be transferred by the permittee to a new owner or operator only if the

permit has been modified or reissued (under Sections 704.261 through 704.264)

to identify the new permittee and incorporate such other requirements as may be

necessary under the appropriate Act. The new owner or operator to whom the

permit is transferred shall must comply with all the terms and conditions specified

in such permit.

b) Automatic transfers. As an alternative to transfers under subsection (a) of this

Section, any UIC permit for a well not injecting hazardous waste may be

automatically transferred to a new permittee if each of the following conditions

are fulfilled:

1) The current permittee notifies the Agency at least 30 days in advance of

the proposed transfer date in subsection (b)(2) of this Section;

2) The notice includes a written agreement between the existing and new

permittees containing a specific date for transfer of permit responsibility,

coverage and liability between them and the notice demonstrates that the

financial responsibility requirements of Section 704.189 will be met by the

new permittee and that the new permittee agrees to comply with all the

terms and conditions specified in the permit to be transferred under

subsection (b) of this Section; and

3) The Agency does not notify the existing permittee and the proposed new

permittee of its intent to modify or reissue the permit. A modification

198

under this subsection (b) may also be a minor modification under Section

704.264. If this notice is not received, the transfer is effective on the date

specified in the agreement mentioned in subsection (b)(2) of this Section.

BOARD NOTE: Formerly codified as 35 Ill. Adm. Code 702.182. Derived from 40 CFR

144.38 (1988) (2005).

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

Section 704.261 Modification

When the Agency receives any information (for example, it inspects the facility,; it receives

information submitted by the permittee, as required in the permit (See 35 Ill. Adm. Code 702.140

through 702.152),; it receives a request for modification or reissuance,; or it conducts a review of

the permit file), it may determine whether or not one or more of the causes listed in Sections

704.262 and 704.263 for modification or reissuance exist. If cause exists, the Agency may

modify or reissue the permit accordingly, subject to the limitations of Section 704.263 and may

request an updated application if necessary. When a permit is modified, only the conditions

subject to modification are reopened. If cause does not exist under Sections 704.261 through

704.264, the Agency shall may not modify or reissue the permit. If a permit modification

satisfies the criteria in Section 704.264 for “minor modifications” the permit may be modified

without a draft permit or public review. Otherwise, a draft permit must be prepared and other

procedures in 35 Ill. Adm. Code 705 followed.

BOARD NOTE: Formerly codified as 35 Ill. Adm. Code 702.183. Derived from 40 CFR

144.39 preamble (1993) (2005).

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

Section 704.262 Causes for Modification

a) The following are causes for modification of permits a permit. For a Class I

hazardous waste injection wells well or a Class III wells injection well, the

following may be causes for reissuance of the permit as well as for permit

modification. For all other wells injection well the following may be cause for

reissuance of the permit as well as for permit modification when the permittee

requests or agrees:

1) Alterations. There are material and substantial alterations or additions to

the permitted facility or activity that occurred after permit issuance which

that justify the application of permit conditions that are different or absent

in the existing permit.

2) Information. Permits other than for UIC a Class III wells injection well

may be modified during their terms for this cause only if the information

was not available at the time of permit issuance (other than revised

199

regulations, guidance, or test methods) and would have justified the

application of different permit conditions at the time of issuance. For UIC

an area permits permit, this cause shall must include any information

indicating that cumulative effects on the environment are unacceptable.

3) New statutory requirements or regulations. The standards or regulations

on which the permit was based have been changed by statute, through

promulgation of new or amended standards or regulations, or by judicial

decision after the permit was issued. Permits A permit other than for UIC

a Class I hazardous wells waste injection well or a Class III wells injection

well may be modified during their terms for this cause only as follows:

A) The Agency may modify the permit when standards or regulations

on which the permit was based have been changed by statute or

amended standards or regulations.

B) The permittee may request modification when all of the following

occur:

i) The permit condition requested to be modified was based

on a promulgated provision of 35 Ill. Adm. Code 730

regulation; and

ii) The Board has revised, withdrawn, or modified that portion

of the regulation provision on which the permit condition

was based; and

iii) A

The permittee requests modification in accordance with

35 Ill. Adm. Code 705.128 within ninety (90) days after

Illinois Register notice of the rulemaking changed statute

or amended standards or regulations on which the request is

based.

C) For judicial decisions, a court of competent jurisdiction has

remanded and stayed Board promulgated regulations, if the remand

and stay concern that portion of the regulations on which the

permit condition was based or if a request is filed by the permittee

in accordance with 35 Ill. Adm. Code 705.128 within ninety (90)

days of judicial remand.

4) Compliance schedules. The Agency determines good cause exists for

modification of a compliance schedule, such as an act of God, strike,

flood, or materials shortage, or other events over which the permittee has

little or no control and for which there is no reasonably available remedy.

b) The following are causes to modify or, alternatively, to reissue a permit:

200

1) The Agency has received notification (as required in the permit, see

Section 35 Ill. Adm. Code 702.152(c)) of a proposed transfer of the

permit. A permit also may be modified to reflect a transfer after the

effective date of an automatic transfer (Section 35 Ill. Adm. Code

702.182(b)), but will it must not be reissued after the effective date of the

transfer, except upon the request of the new permittee.

2) A determination that the waste being injected is a hazardous waste, as

defined in 35 Ill. Adm. Code 721.103, either because the definition has

been revised, or because a previous determination has been changed.

BOARD NOTE: Formerly codified as 35 Ill. Adm. Code 702.184. Derived from 40 CFR

144.39 (1993) (2005).

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

Section 704.263 Well Siting

Suitability of the well location will must not be considered at the time of permit modification

unless new information or standards indicate that a threat to human health or the environment

exists which that was unknown at the time of permit issuance or unless required under the

Environmental Protection Act [415 ILCS 5]. However, certain modifications may require site

location suitability approval pursuant to Section 39.2 of the Environmental Protection Act [415

ILCS 5/39.2].

BOARD NOTE: Formerly codified as 35 Ill. Adm. Code 702.185. Derived from 40 CFR

144.39(c) (1993) (2005).

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

Section 704.264 Minor Modifications

Upon the consent of the permittee, the Agency may modify a permit to make the corrections or

allowances for changes in the permitted activity listed in this Section, without following the

procedures of 35 Ill. Adm. Code 705. Any permit modification not processed as a minor

modification under this Section must be made for cause and with a 35 Ill. Adm. Code 705 draft

permit and public notice, as required in Sections 704.261 through 704.263. Minor modifications

may only involve the following changes:

a) Correct

Correcting typographical errors;

b) Require

Requiring more frequent monitoring or reporting by the permittee;

c) Change

Changing an interim compliance date in a schedule of compliance,

provided the new date is not more than 120 days after the date specified in the

201

existing permit and does not interfere with attainment of the final compliance date

requirement; or

d) Allow

Allowing for a change in ownership or operational control of a facility

where the Agency determines that no other change in the permit is necessary,

provided that a written agreement containing a specific date for transfer of permit

responsibility, coverage, and liability between the current and new permittees has

been submitted to the Agency.

e) Limited Changes other changes, as follows:

1) Change

Changing quantities or types of fluids injected which that are

within the capacity of the facility as permitted and, in the judgment of the

Agency, would not interfere with the operation of the facility or its ability

to meet conditions described in the permit and would not change its

classification.

2) Change

Changing construction requirements approved by the Agency

pursuant to 35 Ill. Adm. Code 704.182 (establishing UIC permit

conditions), provided that any such alteration shall must comply with the

requirements of this Part and 35 Ill. Adm. Code 704 702 and 730.

3) Amend

Amending a plugging and abandonment plan which that has been

updated under 35 Ill. Adm. Code Section 704.181(e).

BOARD NOTE: Derived from 40 CFR 144.41 (1988) (2005)

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

SUBPART I: REQUIREMENTS FOR CLASS V INJECTION WELLS

Section 704.279 General

This Subpart I sets forth the requirements applicable to the owner or operator of a Class V

injection well. Additional requirements listed elsewhere in this Part may also apply. Where they

may apply, those other requirements are referenced rather than repeated in this Subpart I. The

requirements described in this Subpart I and elsewhere in this Part are intended to protect

underground sources of drinking water USDWs and are part of the underground injection control

(UIC) program established under Section 13(c) of the Act [415 ILCS 5/13(c)].

BOARD NOTE: Derived from 40 CFR 144.79, as added at 64 Fed. Reg. 68566 (December 7,

1999) (2005). USEPA wrote the federal counterpart to this Subpart, corresponding subpart G of

40 CFR 144, Subpart G, in a question-and-answer format to make it easier to understand the

regulatory requirements. The Board has abandoned that format in favor of a more traditional

approach of using clear statements of the requirements and their applicability.

202

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

Section 704.280 Definition of a Class V Injection Well

Section 704.106 defines the five classes of injection wells, including a Class V injection well, as

regulated under this Subpart I. Typically, Class V injection wells are shallow wells used to place

a variety of fluids directly below the land surface. However, if the fluids placed in the ground

qualify as a hazardous waste under the Resource Conservation and Recovery Act (RCRA), the

well is either a Class I or Class IV injection well, not a Class V injection well. Examples of

Class V injection wells are described in Section 704.281.

BOARD NOTE: Derived from 40 CFR 144.80, as added at 64 Fed. Reg. 68566 (December 7,

1999) (2005).

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

Section 704.281 Examples of Class V Injection Wells

The following are examples of Class V injection wells to which this Subpart I applies:

a) Air conditioning return flow wells used to return to the supply aquifer the water

used for heating or cooling in a heat pump;

b) Large

A large capacity cesspools cesspool, including a multiple-dwelling,

community, or regional cesspools cesspool, or any other devices device that

receive receives sanitary wastes containing human excreta, that have has an open

bottom and, sometimes, perforated sides. The UIC requirements do not apply to a

single family residential cesspools cesspool, nor do they apply to a non-residential

cesspools cesspool that receive solely sanitary waste and which have the capacity

to serve fewer than 20 persons a day;

c) Cooling

A cooling water return flow wells well that are is used to inject water

previously used for cooling;

d) Drainage wells

A drainage well that are is used to drain surface fluids, primarily

storm runoff, into a subsurface formation;

e) Dry wells

A dry well that are is used for the injection of wastes into a subsurface

formation;

f) Recharge wells

A recharge well that are is used to replenish the water in an

aquifer;

g) Salt

A salt water intrusion barrier wells well that are is used to inject water into a

fresh aquifer to prevent the intrusion of salt water into the fresh water;

203

h) Sand

A sand backfill and other backfill wells well that are is used to inject a

mixture of water and sand, mill tailings, or other solids into mined out portions of

a subsurface mines mine whether what is injected is a radioactive waste or not;

i) Septic

A septic system wells well that are is used to inject the waste or effluent

from a multiple dwelling, business establishment, community, or regional

business establishment septic tank. The UIC requirements do not apply to a

single family residential septic system wells well, nor to a non-residential septic

system wells well that are is used solely for the disposal of sanitary waste and

which have has the capacity to serve fewer than 20 persons a day;

j) Subsidence A subsidence control wells well (not used for the purpose of oil or

natural gas production) that are is used to inject fluids into a non-oil-and-gas-

producing zone to reduce or eliminate subsidence associated with the overdraft of

fresh water;

k) Injection wells

An injection well associated with the recovery of geothermal

energy for heating, aquaculture, and production of electric power;

l) Wells

A well that are is used for solution mining of conventional mines, such as

stopes leaching;

m) Wells

A well that are is used to inject spent brine into the same formation from

which it was withdrawn after extraction of halogens or their salts;

n) Injection wells

An injection well that are is used in experimental technologies;

o) Injection wells

An injection well that are is used for in situ recovery of lignite,

coal, tar sands, and oil shale; and

p) Motor

A motor vehicle waste disposal wells well that receive receives or which

have has received fluids from vehicular repair or maintenance activities, such as

an auto body repair shop, an automotive repair shop, a new or used car dealership,

a specialty repair shop (e.g., transmission and muffler repair shop), or any facility

that does any vehicular repair work. Fluids disposed in these wells this type of

well may contain organic and inorganic chemicals in concentrations that exceed

the maximum contaminant levels (MCLs) established by the primary drinking

water regulations (35 Ill. Adm. Code 611). These fluids also may include waste

petroleum products and may contain contaminants, such as heavy metals and

volatile organic compounds, that pose risks to human health.

BOARD NOTE: Derived from 40 CFR 144.81, as added at 64 Fed. Reg. 68566 (December 7,

1999) (2005).

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

204

Section 704.282 Protection of Underground Sources of Drinking Water

This Subpart I requires that an owner or operator of a Class V injection well must not allow

movement of fluid into USDWs that might cause endangerment of the USDW, that the owner or

operator must comply with the UIC requirements in this Part and 35 Ill. Adm. Code 702 and 730,

that the owner or operator must comply with any other measures required by the State or USEPA

to protect USDWs, and that the owner or operator must properly close its well when the owner

or operator is through using it. The owner or operator also must submit basic information about

its well, as described in Section 704.283.

a) Prohibition of fluid movement.

1) As described in Section 704.122(a), an owner’s or operator’s injection

activity cannot allow the movement of fluid containing any contaminant

into USDWs if the presence of that contaminant may cause a violation of

the primary drinking water standards under 35 Ill. Adm. Code 611, may

cause a violation of other health-based standards, or may otherwise

adversely affect the health of persons. This prohibition applies to the

owner’s or operator’s well construction, operation, maintenance,

conversion, plugging, closure, or any other injection activity.

2) If the Agency learns that an owner’s or operator’s injection activity may

endanger USDWs a USDW, the Agency may require the owner or

operator to close its well, require the owner or operator to get a permit, or

require other actions listed in Section 704.122(c), (d), or (e).

b) Closure requirements. An owner or operator must close the well in a manner that

complies with the above prohibition of fluid movement. Also, the owner or

operator must dispose of or otherwise manage any soil, gravel, sludge, liquids, or

other materials removed from or adjacent to its well in accordance with all

applicable federal, State, and local regulations and requirements.

c) Other requirements in this Part and 35 Ill. Adm. Code 702 and 730. Beyond this

Subpart I, the owner and operator are subject to other UIC program requirements

in this Part and 35 Ill. Adm. Code 702 and 730. While most of the relevant

requirements are repeated or referenced in this Subpart I for convenience, the

owner or operator needs to read all of this Part and 35 Ill. Adm. Code 702 and 730

to fully understand the entire UIC program.

d) Other State requirements. This Part and 35 Ill. Adm. Code 702 and 730 define

minimum federally-derived UIC requirements. The Agency has the flexibility to

establish additional or more stringent requirements based on the authorities in this

Part, and 35 Ill. Adm. Code 702 and 730, and the Act [415 ILCS 5], if such

additional requirements are determined to be necessary to protect USDWs. The

owner and operator must comply with any such additional requirements. The

owner or operator should contact the Agency to learn more.

205

BOARD NOTE: Derived from 40 CFR 144.82 (2000) (2005).

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

Section 704.283 Notification of a Class V Injection Well

The owner or operator of a Class V injection well needs to provide basic “inventory

information” about its well to the Agency, if the owner or operator has not done so already. The

owner or operator also needs to provide any additional information that the Agency requests in

accordance with the provisions of the UIC regulations.

a) Inventory requirements. Unless the owner or operator knows it has already

satisfied the inventory requirements in Section 704.128 that were in effect prior to

the issuance of this Subpart I, the owner or operator must give the Agency certain

information about itself and its injection operation.

BOARD NOTE: In the corresponding note to 40 CFR 144.83(a), USEPA states

that this information is requested on national form “Inventory of Injection Wells,”

OMB No. 2040-0042 USEPA Form 7520-16, incorporated by reference in 35 Ill.

Adm. Code 720.111(a). Although the form OMB No. 2040-0042 USEPA Form

7520-16 is acceptable to USEPA, the Agency may develop alternative forms for

use in this State.

1) The owner or operator of a new or existing Class V injection well must

contact the Agency to determine what information it must submit and by

when it must submit that information.

2) The following is the information that the owner or operator must submit:

A) No matter what type of Class V injection well is owned or

operated, the owner or operator must submit at least the following

information for each Class V injection well: facility name and

location; name and address of a legal contact person for the

facility; the ownership of the facility; the nature and type of the

injection well or wells; and the operating status of the injection

well or wells.

i) The facility name and location;

ii) The name and address of a legal contact person for the

facility;

iii) The ownership of the facility;

iv) The nature and type of the injection well or wells; and

206

v) The operating status of the injection well or wells.

B) Illinois is designated a “Primacy State” by USEPA.

Corresponding 40 CFR 144.83(a)(2)(ii) relates exclusively to

“Direct Implementation” states, so the Board has omitted it. This

statement maintains structural consistency with the federal

regulations.

C) The owner or operator must provide a list of all wells it owns or

operates, along with the following information for each well. (A

single description of wells at a single facility with substantially the

same characteristics is acceptable.)

i) The location of each well or project given by Township,

Range, Section, and Quarter-Section, according to the U.S.

Land Survey System;

ii) The date of completion of each well;

iii) The identification and depth of the underground

formation(s) formations into which each well is injecting;

iv) The total depth of each well;

v) A construction narrative and schematic (both plan view and

cross-sectional drawings);

vi) The nature of the injected fluids;

vii) The average and maximum injection pressure at the

wellhead;

viii) The average and maximum injection rate; and

ix) The date of the last inspection.

3) The owner and operator is responsible for knowing about, understanding,

and complying with these inventory requirements.

b) Illinois is designated a “Primacy State” by USEPA. Corresponding 40 CFR

144.83(b) relates exclusively to “Direct Implementation” states, so the Board has

omitted it. This statement maintains structural consistency with the federal

regulations.

BOARD NOTE: Derived from 40 CFR 144.83 (2000) (2005).

207

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

Section 704.284 Permit Requirements

No permit is required for a Class V injection well, unless the owner or operator falls within an

exception described in subsection (b) of this Section.

a) General authorization by rule. With certain exceptions listed in subsection (b) of

this Section, an owner’s or operator’s Class V injection activity is “authorized by

rule,” meaning that the owner and operator has to comply with all the

requirements of this Subpart I and the rest of this Part and 35 Ill. Adm. Code 702

and 730, but the owner or operator does not need to get an individual permit.

Well authorization expires once the owner or operator has properly closed its

well, as described in Section 704.282(b).

b) Circumstances in which permits or other actions are required. If an owner or

operator fits into one of the categories listed below, its Class V well is no longer

authorized by rule. This means that the owner or operator has to either get a

permit or close its injection well. The owner or operator can find out whether its

well falls into one of these categories by contacting the Agency. Subparts D and

H of this Part tell an owner or operator how to apply for a permit and describe

other aspects of the permitting process. Subpart C of 35 Ill. Adm. Code 702 and

Subpart E of this Part outline some of the requirements that apply to the owner or

operator if it gets a permit. An owner or operator must either obtain a permit or

close its injection well if any of the following is true:

1) The owner or operator fails to comply with the prohibition against fluid

movement in Section 704.122(a) and described in Section 704.282(a) (in

which case, the owner or operator must get a permit, close its well, or

comply with other conditions determined by the Agency);

2) The Class V injection well is a large-capacity cesspool (in which case, the

owner or operator must close its well as specified in the additional

requirements set forth in Section 704.288) or the Class V injection well is

a motor vehicle waste disposal well in a groundwater protection area or a

sensitive groundwater area (in which case, the owner or operator must

either close its well or get a permit, as specified in the additional

requirements set forth in Section 704.288). New motor vehicle waste

disposal wells and new cesspools are prohibited;

BOARD NOTE: A new motor vehicle waste disposal well or a new

cesspool is one for which construction had not commenced prior to April

5, 2000. See 40 CFR 144.84(a)(2) (2000).

3) The owner or operator is specifically required by the Agency to get a

208

permit (in which case, the authorization by rule expires on the effective

date of the permit issued, or the owner or operator is prohibited from

injecting into its well upon the occurrence of either of the following:

A) The failure of the owner and operator to submit a permit

application in a timely manner, as specified in a notice from the

Agency; or

B) The effective date of a permit denial; or

4) The owner or operator has failed to submit inventory information to the

Agency, as described in Section 704.283(a) (in which case, the owner and

operator is prohibited from injecting into the well until it complies with

the inventory requirements); or.

5) Illinois is designated a “Primacy State” by USEPA. Corresponding 40

CFR 144.84(b)(5) relates exclusively to “Direct Implementation” states,

so the Board has omitted it. This statement maintains structural

consistency with the federal regulations.

BOARD NOTE: Derived from 40 CFR 144.84 (2000) (2005).

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

Section 704.285 Applicability of the Additional Requirements

a) Large-capacity cesspools. The additional requirements set forth in Section

704.288 apply to all a new and existing large-capacity cesspools cesspool. If the

owner or operator is using a septic system for these type of wastes, the owner or

operator is not subject to the additional requirements in Section 704.288.

b) Motor vehicle waste disposal wells existing on April 5, 2000. If the owner or

operator has a Class V motor vehicle waste disposal well, the additional

requirements in Section 704.288 apply to that owner or operator if the well is

located in a ground water protection area or other sensitive ground water area that

is identified by the Agency, the Board, or USEPA Region V 5.

BOARD NOTE: An existing motor vehicle waste disposal well is one for which

construction had commenced prior to April 5, 2000. See 40 CFR 144.83(a)(1)(i)

and (a)(1)(ii), as added at 40 CFR 64 Fed. Reg. 68568 (December 7, 1999).

Corresponding 40 CFR 144.85(b) provides that the additional requirements apply

Statewide if the State or the USEPA Region fails to identify sensitive

groundwater areas. The Board has not included this Statewide applicability

provision by virtue of 14.1 through 14.6 and Sections 17.1 through 17.4 of the

Act [415 ILCS 5/14.1-14.6 and 17.1-17.4], Section 8 of the Illinois Groundwater

Protection Act [415 ILCS 55/8], and 35 Ill. Adm. Code 615 through 620.

209

c) New Motor Vehicle Waste Disposal Wells. The additional requirements in

Section 704.288 apply to all a new motor vehicle waste disposal wells well.

BOARD NOTE: A new motor vehicle waste disposal well is one for which

construction had not commenced prior to April 5, 2000. See 40 CFR 144.85(c),

as added at 40 CFR 68568 (December 7, 1999) (2005).

BOARD NOTE: Derived from 40 CFR 144.85, as added at 64 Fed. Reg. 68569 (December 7,

1999) (2005).

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

Section 704.286 Definitions

“State drinking water source assessment and protection program” is a new

approach to protecting drinking water sources, specified in section 1453 of the

1996 Amendments to the Safe Drinking Water Act (42 USC 300j-13).

BOARD NOTE: Under the federal requirements, states must prepare and submit

for USEPA approval a program that sets out how each state will must conduct

local assessments, including the following: delineating the boundaries of areas

providing source waters for public water systems; identifying significant potential

sources of contaminants in such areas; and determining the susceptibility of

public water systems in the delineated areas to the inventoried sources of

contamination. The Illinois Groundwater Protection Act [415 ILCS 55] and the

regulations at 35 Ill. Adm. Code 620 adopted pursuant to that law and Sections

14.1 through 14.6 and 17.1 through 17.4 of the Environmental Protection Act

[415 ILCS 14.1-14.6 and 17.1-17.4] and the regulations at 35 Ill. Adm. Code 615

through 617 adopted under those provisions are major segments of the required

Illinois program.

“Complete local source water assessment for groundwater protection areas.”

When USEPA has approved a state's drinking water source assessment and

protection program, the state will must begin to conduct local assessments for

each public water system in that state. For the purposes of this Subpart I, local

assessments for community water systems and non-transient non-community

systems are complete when the four following requirements are met:

The State must delineate the boundaries of the assessment area for

community and non-transient non-community water systems, as such are

defined in 35 Ill. Adm. Code 611.101;

The State must identify significant potential sources of contamination in

these delineated areas;

The State must determine the susceptibility of community and non-

210

transient non-community water systems in the delineated area to such

contaminants; and

The Agency must make the completed assessments available to the public.

BOARD NOTE: The Agency administers the “Illinois Source Water Assessment

and Protection Program,” which is intended to comply with the federal source

water assessment requirements of SDWA Section 1453 (42 USC 300j-13).

“Groundwater protection area” is a geographic area near or surrounding a

community or non-transient non-community water system, as defined in 35 Ill.

Adm. Code 611.101, that uses groundwater as a source of drinking water. For the

purposes of this Subpart I, the Board considers a “setback zone,” as defined in

Section 3.61 of the Act [415 ILCS 5/3.61] and regulated pursuant to Sections 14.1

through 14.6 of the Act [415 ILCS 5/14.1-14.6], to be a “groundwater protection

area,” as intended by corresponding 40 CFR 144.86(c). (See 35 Ill. Adm. Code

615 and 616.) These areas receive priority for the protection of drinking water

supplies and federal law requires the State to delineate and assess these areas

under section 1453 of the federal Safe Drinking Water Act, 42 USC 300j-13. The

additional requirements in Section 704.288 apply to an owner or operator if its

Class V motor vehicle waste disposal well is in a groundwater protection area for

either a community water system or a non-transient non-community water system.

BOARD NOTE: USEPA stated in corresponding 40 CFR 144.86(c) that in many

states these areas will be the same as wellhead protection areas delineated as

described in section 1428 of the federal SDWA, (42 USC 300h-7).

“Community water system,” as defined in 35 Ill. Adm. Code 611.101, is a public

water system that serves at least 15 service connections used by year-round

residents or which regularly serves at least 25 year-round residents.

“Non-transient, non-community water system,” as defined in 35 Ill. Adm. Code

611.101, is a water system that is not a community water system and which

regularly serves at least 25 of the same people over six months a year. These may

include systems that provide water to schools, day care centers, government or

military installations, manufacturers, hospitals or nursing homes, office buildings,

and other facilities.

“Delineation.” Once the State's drinking water source assessment and protection

program is approved by USEPA, the State will must begin delineating its local

assessment areas. “Delineation” is the first step in the assessment process in

which the boundaries of groundwater protection areas are identified.

“Other sensitive groundwater areas.” The State may also identify other areas in

the State in addition to groundwater protection areas that are critical to protecting

underground sources of drinking water USDWs from contamination. For the

urposes purposes of this Subpart I, the Board considers a “regulated recharge

211

area,” as defined in Section 3.67 of the Act [415 ILCS 5/3.67] and regulated

pursuant to Sections 17.1 through 17.4 of the Act [415 ILCS 5/17.1-17.4], to be

an “other sensitive groundwater area,” as intended by corresponding 40 CFR

144.86(g). (See 35 Ill. Adm. Code 615 through 617.) These other sensitive

groundwater areas may include areas such as areas overlying sole-source aquifers;

highly productive aquifers supplying private wells; continuous and highly

productive aquifers at points distant from public water supply wells; areas where

water supply aquifers are recharged; karst aquifers that discharge to surface

reservoirs serving as public water supplies; vulnerable or sensitive hydrogeologic

settings, such as glacial outwash deposits, eolian sands, and fractured volcanic

rock; and areas of special concern selected based on a combination of factors,

such as hydrogeologic sensitivity, depth to groundwater, significance as a

drinking water source, and prevailing land-use practices.

BOARD NOTE: Derived from 40 CFR 144.86 (2000) (2005).

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

Section 704.287 Location in a Groundwater Protection Area or Another Sensitive Area

a) A person is subject to the requirements of Section 704.288 if the person owns or

operates an existing motor vehicle well and that person is located in a

groundwater protection area or another sensitive groundwater area. If the State

fails to identify these areas within the federally-specified federally specified time

frames, the additional requirements of Section 704.288 will must apply to all

existing motor vehicle waste disposal wells within this State.

BOARD NOTE: Corresponding 40 CFR 144.87(a) provides that the “new

requirements” apply statewide if the State or the USEPA Region fails to identify

sensitive groundwater areas. The Board has interpreted “new requirements” as

synonymous with “additional requirements” elsewhere in this Subpart I. Sections

14.1 through 14.6 and 17.1 through 17.4 of the Act [415 ILCS 5/14.1-14.6 and

17.1-17.4] and 35 Ill. Adm. Code 615 through 617 designate protected

groundwater resources and allow the designation of other sensitive areas for

protection. Further, the Illinois Groundwater Protection Act [415 ILCS 55], and

the regulations adopted as 35 Ill. Adm. Code 620 under that statute, protect the

quality of all groundwater resources in Illinois.

b) Groundwater protection areas. Many segments of corresponding 40 CFR

144.87(b) set forth requirements applicable to the State only. Other requirements

apply to the regulated community contingent on the regulatory status of the

Illinois groundwater protection program. The Board codifies has codified the

requirements applicable to the State in this subsection (b) for the purpose of

informing the regulated public and clarifying the requirements on the regulated

community.

212

1) For the purpose of this Subpart I, USEPA requires States to complete all

local source water assessments for groundwater protection areas by

January 1, 2004. Once a local assessment for a groundwater protection

area is complete every existing motor vehicle waste disposal well owner

in that groundwater protection area has one year to close the well or

receive a permit. If the State fails to complete all local assessments for

groundwater protection areas by January 1, 2004, the following may

occur:

A) The new requirements in this Subpart I will apply to all existing

motor vehicle waste disposal wells in the State, and the owner and

operator of a motor vehicle waste disposal well located outside of

the areas of the completed area assessments for groundwater

protection areas must close their have closed its well or receive

obtained a permit by January 1, 2005.

B) USEPA may grant have granted a state an extension for up to one

year from the January 1, 2004 deadline if the state is was making

reasonable progress toward completing the source water

assessments for groundwater protection areas. States must apply

have applied for the extension by June 1, 2003. If a state fails

failed to complete the assessments for the remaining groundwater

protection areas by the extended date, the rule requirements will

apply to all motor vehicle waste disposal wells in the state, and

owners the owner and operators operator of a motor vehicle waste

disposal wells well located outside of groundwater protection areas

with completed assessments must close their have closed its well

or receive received a permit by January 1, 2006.

2) The Agency must extend the compliance deadline for specific motor

vehicle waste disposal wells for up to one year if it determines that the

most efficient compliance option for the well is connection to a sanitary

sewer or installation of new treatment technology and the extension is

necessary to implement the compliance option.

BOARD NOTE: Any Agency determination of the most efficient

compliance option is subject to Board review pursuant to Section 40 of the

Act [415 ILCS 5/40].

c) Other sensitive groundwater areas. Existing The owner or operator of an existing

motor vehicle waste disposal well owners and operators within other another

sensitive groundwater areas have area has until January 1, 2007 to receive a

permit or close the well. If the State fails failed to identify these additional

sensitive groundwater areas by January 1, 2004, the additional requirements of

Section 704.288 will apply to all motor vehicle waste disposal wells in the State

effective January 1, 2007, unless they are subject to a different compliance date

213

pursuant to subsection (b) of this Section. If USEPA has granted the State an

extension of the time to delineate sensitive groundwater areas, the owner or

operator of an existing motor vehicle waste disposal well within a sensitive

groundwater area has until January 1, 2008 to close the well or receive a permit,

unless the owner or operator is subject to a different compliance date pursuant to

subsection (b) of this Section. If the State has been granted an extension and fails

to delineate sensitive areas by the extended date, an owner or operator has until

January 1, 2008 to close the well or receive a permit, unless it is subject to a

different compliance date pursuant to subsection (b) of this Section.

BOARD NOTE: Corresponding 40 CFR 144.87(c) provides that the State has

had until January 1, 2004 to identify sensitive groundwater areas. It also provides

that USEPA may extend that deadline for up to an additional year if the State is

making reasonable progress towards identifying such areas and the State has had

applied for the extension by June 1, 2003. The Board has not included these

provisions relating to deadlines for State action because they impose requirements

on the State, rather than on regulated entities. Further, the corresponding federal

rule provides that the “new requirements” apply statewide if the State or the

USEPA Region fails to identify sensitive groundwater areas and that “the rule

requirements” apply in the event of an extension granted by USEPA and the State

fails to delineate sensitive areas. The Board has interpreted “new requirements”

and “rule requirements” as synonymous with “additional requirements” as used

elsewhere in this Subpart I. Sections 17.1 through 17.4 of the Act [415 ILCS

5/17.1-17.4], Section 8 of the Illinois Groundwater Protection Act [415 ILCS

55/8], and 35 Ill. Adm. Code 615 through 620 protect groundwater resources and

allow the designation of sensitive areas.

d) Finding out if a well is in a groundwater protection

area or sensitive groundwater

area. The Agency must make that listing available for public inspection and

copying upon request. Any interested person may contact the Illinois

Environmental Protection Agency, Bureau of Water, Division of Public Water

Supplies at 1021 North Grand Ave. East, P.O. Box 19276, Springfield, Illinois

62794-9276 (217-785-8653) to obtain information on the listing or to determine if

any Class V injection well is situated in a groundwater protection area or another

sensitive groundwater area.

e) Changes in the status of the State drinking water source assessment and protection

program. If the State assesses a groundwater protection area for groundwater

supplying a new community water system or a new non-transient non-community

water system after January 1, 2004, or if the State re-delineates the boundaries of

a previously delineated groundwater protection area to include an additional area,

the additional regulations of Section 704.288 would apply to any motor vehicle

waste disposal well in such an area. The additional regulations apply to the

affected Class V injection well one year after the State completes the local

assessment for the groundwater protection area for the new drinking water system

or the new re-delineated area. The Agency must extend this deadline for up to

214

one year if it determines that the most efficient compliance option for the well is

connection to a sanitary sewer or installation of new treatment technology and the

extension is necessary to implement the compliance option.

BOARD NOTE: Any Agency determination of the most efficient compliance

option is subject to Board review pursuant to Section 40 of the Act [415 ILCS

5/40].

f) If the State elects not to delineate the additional sensitive groundwater areas, the

additional regulations of Section 704.288 apply to all Class V injection wells in

the State, regardless of the location, on January 1, 2007, or January 1, 2008 if an

extension has been granted as provided in subsection (c) of this Section, except

for wells in groundwater protection areas that are subject to different compliance

deadlines explained in subsection (b) of this Section.

g) Application of requirements outside of groundwater protection areas and sensitive

groundwater areas. The Agency must apply the additional requirements in

Section 704.288 to an owner or operator, even if the owner’s or operator’s well is

not located in the areas listed in subsection (a) of this Section, if the Agency

determines that the application of those additional requirements is necessary to

protect human health and the environment.

BOARD NOTE: Any Agency determination to apply the additional requirements

of Section 704.288 is subject to Board review pursuant to Section 40 of the Act

[415 ILCS 5/40]. The Board has omitted certain segments of corresponding 40

CFR 144.87 that encouraged State actions, since those segments did not impose

requirements on the regulated community.

BOARD NOTE: Derived from 40 CFR 144.87 (2000) (2005).

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

Section 704.288 Additional Requirements

Additional requirements are as follows:

a) Additional Requirements for Large-Capacity Cesspools Statewide. See Section

704.285 to determine the applicability of these additional requirements.

1) If the cesspool is existing (operational or under construction by April 5,

2000), the following requirements apply:

A) The owner or operator must close have closed the well by April 5,

2005.

B) The owner or operator must notify have notified the Agency of its

215

intent to close the well at least 30 days prior to closure.

BOARD NOTE: In the corresponding note to 40 CFR 144.83(a),

USEPA states that this information is requested on the federal

form entitled “Preclosure Notification for Closure of Injection

Wells.” Although the form “Preclosure Notification for Closure of

Injection Wells” is acceptable to USEPA, the Agency may develop

alternative forms for use in this State.

2) If the cesspool is new or converted (construction not started before April

5, 2000) it is prohibited.

BOARD NOTE: Corresponding 40 CFR 144.88(b)(2) sets forth a federal

effective date of April 5, 2000 for the prohibition.

b) Additional Requirements for Motor Vehicle Waste Disposal Wells. See Section

704.285 to determine the applicability of these additional requirements.

1) If the motor vehicle waste disposal well is existing (operational or under

construction by April 5, 2000) the following applies:

A) If the well is in a groundwater protection area, the owner or

operator must close the well or obtain a permit within one year

after the completion of the local source water assessment; the

Agency must extend the closure deadline, but not the permit

application deadline, for up to one year if it determines that the

most efficient compliance option is connection to a sanitary sewer

or installation of new treatment technology and the extension is

necessary to implement the compliance option;

B) If the well is in an other sensitive groundwater area, the owner or

operator must close the well or obtain a permit by January 1, 2007;

the Agency may extend the closure deadline, but not the permit

application deadline, for up to one year if it determines that the

most efficient compliance option is connection to a sanitary sewer

or installation of new treatment technology and the extension is

necessary to implement the compliance option;

C) If the owner or operator plans to seek a waiver from the ban and

apply for a permit by the date the owner or operator submits its

permit application, the owner or operator must meet the maximum

contaminant levels (MCLs) for drinking water, set forth in 35 Ill.

Adm. Code 611, at the point of injection while the permit

application is under review, if the owner or operator chooses to

keep operating the well;

216

D) If the owner or operator receives a permit, the owner or operator

must comply with all permit conditions by the dates specified in its

permit, if the owner or operator chooses to keep operating the well,

including requirements to meet MCLs and other health based

health-based standards at the point of injection, follow best

management practices, and monitor the injectate and sludge

quality;

E) If the State has not completed all of its local assessments by

January 1, 2004 (or by the extended date if the State has obtained

an extension, as described in Section 704.287), and the well is

outside an area with a completed assessment, the owner or operator

must close have closed the well or obtain obtained a permit by

January 1, 2005, unless the State obtains obtained an extension, as

described in Section 704.287(b), in which case the deadline is was

January 1, 2006; the Agency must extend have extended the

closure deadline, but not the permit application deadline, for up to

one year if it determines determined that the most efficient

compliance option is was connection to a sanitary sewer or

installation of new treatment technology and the extension is was

necessary to implement the compliance option;

F) If the State has had not delineated other sensitive groundwater

areas by January 1, 2004, and the well is outside of an area with a

completed assessment, the owner or operator must close the well

or obtain a permit regardless of its location by January 1, 2007,

unless the State obtains an extension as described in Section

704.287(c), in which case the deadline is January 2008; or

G) If the owner or operator plans to close its well, the owner or

operator must notify the Agency of its intent to close the well (this

includes closing the well prior to conversion) by at least 30 days

prior to closure.

BOARD NOTE: In the corresponding note to 40 CFR 144.83(a),

USEPA states that this information is requested on the federal

form entitled “Preclosure Notification for Closure of Injection

Wells.” Although the form “Preclosure Notification for Closure of

Injection Wells” is acceptable to USEPA, the Agency may develop

alternative forms for use in this State.

BOARD NOTE: Any Agency determination of the most efficient

compliance option under subsection (b)(1)(A), (b)(1)(B), or (b)(1)(E) of

this Section is subject to Board review pursuant to Section 40 of the Act

[415 ILCS 5/40].

217

2) If the motor vehicle waste disposal well is new or converted (construction

not started before April 5, 2000) it is prohibited.

BOARD NOTE: Corresponding 40 CFR 144.88(b)(2) sets forth a federal

effective date of April 5, 2000 for the prohibition.

BOARD NOTE: Derived from 40 CFR 144.88 (2000) (2005).

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

Section 704.289 Closure of a Class V Injection Well

The following describes the requirements for closing or converting a Class V injection well:

a) Closure.

1) Prior to closing a Class V large-capacity cesspool or motor vehicle waste

disposal well, the owner or operator must plug or otherwise close the well

in a manner that complies with the prohibition of fluid movement set forth

in Section 704.122 and summarized in Section 704.282(a). The owner or

operator must also dispose of or otherwise manage any soil, gravel,

sludge, liquids, or other materials removed from or adjacent to the well in

accordance with all applicable federal, State, and local regulations and

requirements, as described in Section 704.282(b).

2) Closure does not mean that the owner or operator needs to cease

operations at its facility, only that the owner or operator needs to close its

well. A number of alternatives are available for disposing of waste fluids.

Examples of alternatives that may be available to motor vehicle stations

include the following: recycling and reusing wastewater as much as

possible; collecting and recycling petroleum-based fluids, coolants, and

battery acids drained from vehicles; washing parts in a self-contained,

recirculating solvent sink, with spent solvents being recovered and

replaced by the supplier; using absorbents to clean up minor leaks and

spills, and placing the used materials in approved waste containers and

disposing of them properly; using a wet vacuum or mop to pick up

accumulated rain or snow melt, and if allowed, connecting floor drains to

a municipal sewer system or holding tank, and if allowed, disposing of the

holding tank contents through a publicly owned treatment works (POTW).

The owner or operator should check with the POTW that it might use to

see if the POTW would accept the owner’s or operator’s wastes.

Alternatives that may be available to owners and operators of a large-

capacity cesspool include the following: conversion to a septic system;

connection to a sewer; and or installation of an on-site treatment unit.

b) Conversions. In limited cases, the Agency may authorize the conversion

218

(reclassification) of a motor vehicle waste disposal well to another type of Class

V well. Motor vehicle wells may only be converted if the following two

conditions of subsections (b)(1) and (b)(2) of this Section are fulfilled, subject to

the conditions of subsection (b)(3) of this Section: (1) all motor vehicle fluids are

segregated by physical barriers and are not allowed to enter the well and (2)

injection of motor vehicle waste is unlikely based on a facility's compliance

history and records showing proper waste disposal. The use of a semi-permanent

plug as the means to segregate waste is not sufficient to convert a motor vehicle

waste disposal well to another type of Class V well.

1) All motor vehicle fluids are segregated by physical barriers and are not

allowed to enter the well; and

2) Injection of motor vehicle waste is unlikely based on a facility's

compliance history and records showing proper waste disposal.

3) The use of a semi-permanent plug as the means to segregate waste is not

sufficient to convert a motor vehicle waste disposal well to another type of

Class V injection well.

BOARD NOTE: Derived from 40 CFR 144.89, as added at 64 Fed. Reg. 68572 (December 7,

1999) (2005).

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

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER b: PERMITS

PART 705

PROCEDURES FOR PERMIT ISSUANCE

SUBPART A: GENERAL PROVISIONS

Section

705.101 Scope and Applicability

705.102 Definitions

705.103 Computation of Time

705.104 Electronic Document Filing

SUBPART B: PERMIT APPLICATIONS

Section

705.121 Permit Application

705.122 Completeness

705.123 Incomplete Applications

705.124 Site Visit

219

705.125 Effective Date

705.126 Decision Schedule

705.127 Consolidation of Permit Processing

705.128 Modification or Reissuance of Permits

SUBPART C: APPLICATION REVIEW

Section

705.141 Draft Permits

705.142 Statement of Basis

705.143 Fact Sheet

705.144 Administrative Record for Draft Permits or Notices of Intent to Deny

SUBPART D: PUBLIC NOTICE

Section

705.161 When Public Notice Must Be Given

705.162 Timing of Public Notice

705.163 Methods of Public Notice

705.164 Contents of Public Notice

705.165 Distribution of Other Materials

SUBPART E: PUBLIC COMMENT

Section

705.181 Public Comments and Requests for Public Hearings

705.182 Public Hearings

705.183 Obligation to Raise Issues and Provide Information

705.184 Reopening of Public Comment Period

SUBPART F: PERMIT ISSUANCE

Section

705.201 Final Permit Decision

705.202 Stay of Permit Conditions upon Appeal

705.203 Stay for New Application or upon Untimely Application for Renewal (Repealed)

705.204 Stay upon Reapplication or for Modification (Repealed)

705.205 Stay Following Interim Status (Repealed)

705.210 Agency Response to Comments

705.211 Administrative Record for Final Permits or Letters of Denial

705.212 Appeal of Agency Permit Determinations

SUBPART G: PROCEDURE FOR RCRA STANDARDIZED PERMIT

Section

705.300 General Information About RCRA Standardized Permits

705.301 Applying for a RCRA Standardized Permit

705.302 Issuance of a RCRA Standardized Permit

705.303 Public Participation in the RCRA Standardized Permit Process

705.304 Maintaining a RCRA Standardized Permit

220

705.Appendix A Procedures for Permit Issuance

705.Appendix B Modification Process

705.Appendix C Application Process

705.Appendix D Application Review Process

705.Appendix E Public Comment Process

705.Appendix F Permit Issuance or Denial

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 R81-32, 47 PCB 93, at 6 Ill. Reg. 12479, effective May 17, 1982; amended

in R82-19, at 7 Ill. Reg. 14352, effective May 17, 1982; amended in R84-9, at 9 Ill. Reg. 11894,

effective July 24, 1985; amended in R89-2 at 14 Ill. Reg. 3082, effective February 20, 1990;

amended in R94-5 at 18 Ill. Reg. 18265, effective December 20, 1994; amended in R95-6 at 19 Ill.

Reg. 9906, effective June 27, 1995; amended in R03-7 at 27 Ill. Reg. 3675, effective February 14,

2003; amended in R06-16/R06-17/R06-18 at 30 Ill. Reg. ________, effective

______________________.

SUBPART A: GENERAL PROVISIONS

Section 705.101 Scope and Applicability

a) This Part sets forth procedures that the Illinois Environmental Protection Agency

(Agency) must follow in issuing RCRA (Resource Conservation and Recovery Act)

and UIC (Underground Injection Control) permits. This Part also specifies rules on

effective dates of permits and stays of contested permit conditions.

b) This Part provides for a public comment period and a hearing in some cases. The

permit applicant and any other participants must raise issues during this proceeding

to preserve issues for effective Board review, as required by Section 705.183.

c) Board review of permit issuance or denial is pursuant to 35 Ill. Adm. Code 105.

Board review is restricted to the record that was before the Agency when the permit

was issued, as required by Sections 40(a) and 40(b) of the Environmental Protection

Act [415 ILCS 5/40(a) and (b)].

d) The provisions of 35 Ill. Adm. Code 702, 703, and 704 contain rules on UIC and

RCRA permit applications, permit conditions, and related matters.

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

Section 705.104 Electronic Document Filing

The filing of any document pursuant to any provision of this Part as an electronic document is

subject to 35 Ill. Adm. Code 720.104.

221

BOARD NOTE: Derived from 40 CFR 3 and 145.11(a)(33), as added, and 40 CFR 271.10(b),

271.11(b), and 271.12(h) (2005), as amended at 70 Fed. Reg. 59848 (Oct. 13, 2005).

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

Section 705.128 Modification or Reissuance of Permits

a) The Agency may modify or reissue a permit either at the request of any interested

person (including the permittee) or on its own initiative. However, the Agency may

only modify or reissue a permit for the reasons specified in 35 Ill. Adm. Code

704.261 through 704.263 or 35 Ill. Adm. Code 703.270 through 703.273. A request

for permit modification or reissuance must be made in writing, must be addressed to

the Agency (Division of Land Pollution Control), and must contain facts or reasons

supporting the request.

b) If the Agency determines that a request for modification or reissuance is not justified,

it must send the requester a brief written response giving a reason for the

determination. A denial of a request for modification or reissuance is not subject to

public notice, comment, or public hearing requirements. The requester may appeal a

denial of a request to modify or reissue a permit to the Board pursuant to 35 Ill. Adm.

Code 105.

c) Agency Modification or Reissuance Procedures.

1) If the Agency tentatively decides to initiate steps to modify or reissue a

permit under pursuant to this Section and 35 Ill. Adm. Code 704.261

through 704.263 or 35 Ill. Adm. Code 703.270 through 703.273 (other than

35 Ill. Adm. Code 703.272(c)), after giving public notice pursuant to

Section 705.161(a)(1), as though an application had been received, it must

prepare a draft permit under pursuant to Section 705.141 incorporating the

proposed changes. The Agency may request additional information and may

require the submission of an updated permit application. For reissued

permits, the Agency must require the submission of a new application and

the permittee must comply with the appropriate requirements in Subpart G

of 35 Ill. Adm. Code 702 for a RCRA standardized permit.

2) In a permit modification proceeding under pursuant to this Section, only

those conditions to be modified must be reopened when a new draft permit is

prepared. When a permit is to be reissued under pursuant to this Section, the

entire permit is reopened just as if it had expired. During any reissuance

proceeding, including any appeal to the Board, the permittee must comply

with all conditions of its existing permit until a new final permit is reissued.

3) “Minor modifications,” as defined in 35 Ill. Adm. Code 704.264, and “Class

1 and 2 modifications,” as defined in 35 Ill. Adm. Code 703.281 and

703.282, are not subject to the requirements of this Section.

222

d) To the extent that the Agency has authority to reissue a permit, it must prepare a draft

permit or notice of intent to deny in accordance with Section 705.141 if it decides to

do so.

e) The Agency or any person may seek the revocation of a permit in accordance with

Title VIII of the Environmental Protection Act [415 ILCS 5/Title VIII] and the

procedure of 35 Ill. Adm. Code 103. Revocation may only be sought for those

reasons specified in 35 Ill. Adm. Code 702.186(a) through (d).

BOARD NOTE: Derived from 40 CFR 124.5 (2002) (2005), as amended at 70 Fed. Reg. 53420

(Sep. 8, 2005).

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

SUBPART C: APPLICATION REVIEW

Section 705.143 Fact Sheet

a) A fact sheet must be prepared for every draft permit for a major HWM or a major

UIC facility or activity, and for every draft permit or notice of intent to deny that the

Agency finds is the subject of widespread public interest or raises major issues. The

fact sheet must briefly set forth the principal facts and the significant factual, legal,

methodological, and policy questions considered in preparing the draft permit. The

Agency must send this fact sheet to the applicant and, on request, to any other

person.

b) The fact sheet must include the following, when applicable:

1) A brief description of the type of facility or activity that is the subject of the

draft permit;

2) The type and quantity of wastes, fluids or pollutants that are proposed to be

or are being treated, stored, disposed of, injected, emitted, or discharged;

3) A brief summary of the basis for refusing to grant a permit or for imposing

each draft permit condition including references to applicable statutory or

regulatory provisions and appropriate supporting references to the

administrative record as defined by Section 705.144;

4) Reasons why any requested schedules of compliance or other alternatives to

required standards do or do not appear justified;

5) A description of the procedures for reaching a final decision on the draft

permit including the following:

223

A) The beginning and ending dates of the comment period under

pursuant to Subpart D of this Part, and the address where comments

will be received;

B) Procedures for requesting a hearing, and the nature of that hearing;

and

C) Any other procedures by which the public may participate in the final

decision.

6) The name and telephone number of a person to contact for additional

information.

BOARD NOTE: Derived from 40 CFR 124.8 (2002).

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

SUBPART G—PROCEDURE FOR RCRA STANDARDIZED PERMIT

Section 705.300 General Information About RCRA Standardized Permits

a) RCRA Standardized permit. A RCRA standardized permit is a special form of

RCRA permit that may consist of two parts: a uniform portion that the Agency

issues in all cases, and a supplemental portion that the Agency issues on a case-

by-case basis at its discretion. The term “RCRA standardized permit” is defined

in 35 Ill. Adm. Code 702.110.

1) The uniform portion. The uniform portion of a RCRA standardized permit

consists of terms and conditions, relevant to the units operated at a facility,

that appear in 35 Ill. Adm. Code 267 (Standards for Owners and Operators

of Hazardous Waste Facilities Operating under a RCRA Standardized

Permit). If an owner or operator intends to operate under the RCRA

standardized permit, it must comply with the nationally applicable terms

and conditions of 35 Ill. Adm. Code 267.

2) The supplemental portion. The supplemental portion of a RCRA

standardized permit consists of site-specific terms and conditions, beyond

those of the uniform portion, that the Agency may impose on a particular

facility, as necessary to adequately protect human health and the

environment. If the Agency issues a supplemental portion, the owner or

operator must comply with the Agency-imposed site-specific terms and

conditions.

A) When required pursuant to 35 Ill. Adm. Code 727.201, provisions

to implement corrective action must be included in the

supplemental portion.

224

B) Unless otherwise specified, the supplemental permit terms and

conditions apply to a facility in addition to the terms and

conditions of the uniform portion of the RCRA standardized

permit and not in place of any of those terms and conditions.

BOARD NOTE: Subsection (a) is derived from 40 CFR 124.200, as added at 70

Fed. Reg. 53420 (Sep. 8, 2005).

b) Eligibility for a RCRA standardized permit.

1) A facility owner or operator may be eligible for a RCRA standardized

permit if it engages in either of the following:

A) It generates hazardous waste and then stores or non-thermally

treats the hazardous waste on-site in containers, tanks, or

containment buildings; or

B) It receives hazardous waste generated off-site by a generator under

the same ownership as the receiving facility, and then it stores or

non-thermally treats the hazardous waste in containers, tanks, or

containment buildings.

C) In either case, the Agency must inform the owner or operator of its

eligibility when a decision is made on its permit.

2) This subsection (b)(2) corresponds with 40 CFR 124.201(b), which

USEPA has marked “reserved.” This statement maintains structural

consistency with the corresponding federal rule.

BOARD NOTE: Subsection (b) is derived from 40 CFR 124.201, as added at 70

Fed. Reg. 53420 (Sep. 8, 2005).

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

Section 705.301 Applying for a RCRA Standardized Permit

a) Applying for a RCRA standardized permit.

1) An owner or operator must follow the requirements in this Subpart, as

well as those in 35 Ill. Adm. Code 703.191 and Subparts B and J of 35 Ill.

Adm. Code 703.

2) The owner or operator must submit to the Agency a written Notice of

Intent to operate under the RCRA standardized permit. The owner or

operator must also include the information and certifications required

225

pursuant to Subpart J of 35 Ill. Adm. Code 703.

BOARD NOTE: Subsection (a) is derived from 40 CFR 124.202, as added at 70

Fed. Reg. 53420 (Sep. 8, 2005).

b) Switching from my individual RCRA permit to a RCRA standardized permit.

Where all units in the RCRA permit are eligible for a RCRA standardized permit,

the owner or operator may request that the Agency reissue its individual permit as

a RCRA standardized permit, in accordance with 35 Ill. Adm. Code 705.128.

Where only some of the units in the RCRA permit are eligible for the RCRA

standardized permit, the owner or operator may request that the Agency modify

its individual permit to no longer include those units and issue a RCRA

standardized permit for those units in accordance with Section 705.302(a).

BOARD NOTE: Subsection (b) is derived from 40 CFR 124.203, as added at 70

Fed. Reg. 53420 (Sep. 8, 2005).

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

Section 705.302 Issuance of a RCRA Standardized Permit

a) Agency preparation of a draft RCRA standardized permit.

1) The Agency must review the Notice of Intent and supporting information

submitted by the facility owner or operator.

2) The Agency must determine whether the facility is or is not eligible to

operate under the RCRA standardized permit.

A) If the facility is eligible for the RCRA standardized permit, the

Agency must propose terms and conditions, if any, to include in a

supplemental portion. If the Agency determines that these terms

and conditions are necessary to adequately protect human health

and the environment, and the terms and conditions cannot be

imposed, the Agency must tentatively deny coverage under the

RCRA standardized permit.

B) If the facility is not eligible for the RCRA standardized permit, the

Agency must tentatively deny coverage under the RCRA

standardized permit. Cause for ineligibility may include, but is not

limited to, the following:

i) A failure of owner or operator to submit all the information

required pursuant to 35 Ill. Adm. Code 703.351(b).

ii) Information submitted that is required pursuant to 35 Ill.

226

Adm. Code 703.351(b) that is determined to be inadequate.

iii) The facility does not meet the eligibility requirements (its

activities are outside the scope of the RCRA standardized

permit).

iv) A demonstrated history of significant non-compliance with

applicable requirements.

v) Permit conditions cannot ensure adequate protection of

human health and the environment.

3) The Agency must prepare its draft permit decision within 120 days after

receiving the Notice of Intent and supporting documents from a facility

owner or operator. The Agency’s tentative determination pursuant to this

Section to deny or grant coverage under the RCRA standardized permit,

including any proposed site-specific conditions in a supplemental portion,

constitutes a draft permit decision. The Agency is allowed a one time

extension of 30 days to prepare the draft permit decision. When the use of

the 30-day extension is anticipated, the Agency must inform the permit

applicant during the initial 120-day review period. Reasons for an

extension may include, but are not limited to, needing to complete review

of submissions with the Notice of Intent (

e.g.

, closure plans, waste

analysis plans, for facilities seeking to manage hazardous waste generated

off-site).

4) Many requirements in this Part and 35 Ill. Adm. Code 702 apply to

processing the RCRA standardized permit application and preparing the

Agency’s draft permit decision. For example, the Agency’s draft permit

decision must be accompanied by a statement of basis or fact sheet and

must be based on the administrative record. In preparing the Agency’s

draft permit decision, the following provisions of this Part and 35 Ill.

Adm. Code 702 apply (subject to the following modifications):

A) Section 705.101 (Scope and Applicability): all subsections apply.

B) 35 Ill. Adm. Code 702.110 (Definitions): all definitions apply.

C) Sections 705.121 (Permit Application) and 705.124 (Site Visit):

all subsections apply.

D) Section 705.127 (Consolidation of Permit Processing): applies.

E) Section 705.128 (Modification or Reissuance of Permits): does

not apply.

227

F) Section 705.141 (Draft Permits): does not apply to the RCRA

RCRA standardized permit; procedures in this Subpart G apply

instead.

G) Section 705.142 (Statement of Basis): applies.

H) Section 705.143 (Fact Sheet): all subsections apply; however, in

the context of the RCRA standardized permit, the reference to the

public comment period is Section 705.303(b) instead of Subpart D

of this Part.

I) Section 705.144 (Administrative Record for Draft Permits or

Notices of Intent to Deny): all subsections apply.

J) Subpart D of this Part (Public Notice): only Section 705.163(a)(2)

and (a)(4) apply to the RCRA standardized permit. Most of

Subpart D of this Part does not apply to the RCRA standardized

permit; Section 705.303(a) through (c) applies instead.

BOARD NOTE: Subsection (a) is derived from 40 CFR 124.204, as added at 70

Fed. Reg. 53420 (Sep. 8, 2005).

b) Preparation of a final RCRA standardized permit. The Agency must consider all

comments received during the public comment period (see Section 705.303(b)) in

making its final permit decision. In addition, many requirements in this Part and

35 Ill. Adm. Code 702 apply to the public comment period, public hearings, and

preparation of your final permit decision. In preparing a final permit decision, the

following provisions of this Part and 35 Ill. Adm. Code 702 apply (subject to the

following modifications):

1) Section 705.101 (Scope and Applicability): all of Section 705.101

applies.

2) 35 Ill. Adm. Code 702.110 (Definitions): all definitions apply.

3) Section 705.181 (Public Comments and Requests for Public Hearings):

Section 705.181 does not apply to the RCRA standardized permit; the

procedures in Section 705.303(b) apply instead.

4) Section 705.182 (Public Hearings): Section 705.182(b), (c), and (d)

apply.

5) Section 705.183 (Obligation to Raise Issues and Provide Information): all

of Section 705.183 applies; however, in the context of the RCRA

standardized permit, the reference to the public comment period is Section

705.303(b) instead of Subpart D of this Part.

228

6) Section 705.184 (Reopening of the Public Comment Period): all of

Section 705.183 applies; however, in the context of the RCRA

standardized permit, the reference in Section 705.183(b)(1) to preparation

of a draft permit is Section 705.302(a) instead of Section 705.141; the

reference in Section 705.183(b)(3) to reopening or extending the comment

period is Section 705.303(b); the reference in Section 705.183(c) to the

public notice is Section 705.303(a) instead of Subpart D of this Part.

7) Section 705.201 (Final Permit Decision): all of Section 705.201 applies,

however, in the context of the RCRA standardized permit, the reference to

the public comment period is Section 705.303(b) instead of Subpart D of

this Part.

8) Section 705.202 (Stay of Permit Conditions upon Appeal): all of Section

705.183 applies.

9) Section 705.210 (Agency Response to Comments): Section 705.210 does

not apply to the RCRA standardized permit; procedures in Section

705.303(c) apply instead.

10) Section 705.211 (Administrative Record for Final Permit or Letters of

Denial): all of Section 705.211 applies, however, the reference to

response to comments is Section 705.303(c) instead of Section 705.210.

11) Seciton 705.212 (Appeal of Appeal of Agency Permit Determinations): .

all of Section 705.212 applies.

12) Section 705.103 (Computation of Time): all of Section 705.103 applies.

BOARD NOTE: Subsection (b) is derived from 40 CFR 124.205, as added at 70

Fed. Reg. 53420 (Sep. 8, 2005).

c) When a facility owner or operator must apply for an individual permit.

1) Instances in which the Agency may determine that a facility is not eligible

for the RCRA standardized permit include, but are not limited to, the

following:

A) The facility does not meet the criteria in Section 705.300(b).

B) The facility has a demonstrated history of significant non-

compliance with regulations or permit conditions.

C) The facility has a demonstrated history of submitting incomplete or

deficient permit application information.

229

D) The facility has submitted an incomplete or inadequate materials

with the Notice of Intent (submitted pursuant to Section Section

705.301(a)(2)).

2) If the Agency determines that a facility is not eligible for the RCRA

standardized permit, the Agency must inform the facility owner or

operator that it must apply for an individual permit.

3) The Agency may require any facility that has a RCRA standardized permit

to apply for and obtain an individual RCRA permit. Any interested person

may petition the Agency to take action pursuant to this subsection (b)(3).

Instances in which the Agency may require an individual RCRA permit

include, but are not limited to, the following:

A) The facility is not in compliance with the terms and conditions of

the standardized RCRA permit.

B) Circumstances have changed since the time the facility owner or

operator applied for the RCRA standardized permit, so that the

facility’s hazardous waste management practices are no longer

appropriately controlled under the RCRA standardized permit.

4) The Agency may require any facility authorized by a RCRA standardized

permit to apply for an individual RCRA permit only if the Agency has

notified the facility owner or operator in writing that an individual permit

application is required. The Agency must include in this notice a brief

statement of the reasons for your decision, a statement setting a deadline

for the owner or operator to file the application, and a statement that, on

the effective date of the individual RCRA permit, the facility’s RCRA

standardized permit automatically terminates. The Agency may grant

additional time upon request from the facility owner or operator.

5) When the Agency issues an individual RCRA permit to an owner or

operator otherwise subject to a standardized RCRA permit, the RCRA

standardized permit for their facility will automatically cease to apply on

the effective date of the individual permit.

BOARD NOTE: Subsection (c) is derived from 40 CFR 124.206, as added at 70

Fed. Reg. 53420 (Sep. 8, 2005). An owner or operator authorized to operate

under a RCRA standardized permit that is required by the Agency to submit an

application for an individual permit pursuant to this subsection (c) may appeal

that Agency determination before the Board pursuant to Section 40 of the Act

[415 ILCS 5/40] and 35 Ill. Adm. Code 101 and 105.

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

230

Section 705.303 Public Participation in the RCRA Standardized Permit Process

a) Requirements for public notices.

1) The Agency must provide public notice of its draft permit decision and

must provide an opportunity for the public to submit comments and

request a hearing on that decision. The Agency must provide the public

notice to the following persons:

A) The applicant;

B) Any other agency that the Agency knows has issued or is required

to issue a RCRA permit for the same facility or activity (including

USEPA when the draft permit is prepared by the State);

C) Federal and State agencies with jurisdiction over fish, shellfish,

and wildlife resources and over coastal zone management plans,

the Advisory Council on Historic Preservation, Illinois Historic

Preservation Agency, including any affected States;

D) To everyone on the facility mailing list developed according to the

requirements in Section 705.163(a)(4); and

E) To any units of local government having jurisdiction over the area

where the facility is proposed to be located and to each State

agency having any authority under State law with respect to the

construction or operation of the facility.

2) The Agency must issue the public notice according to the following

methods:

A) Publication in a daily or weekly major local newspaper of general

circulation and broadcast over local radio stations;

B) In a manner constituting legal notice to the public under State law;

and

C) Any other method reasonably calculated to give actual notice of

the draft permit decision to the persons potentially affected by it,

including press releases or any other forum or medium to elicit

public participation.

3) The Agency must include the following information in the public notice:

A) The name and telephone number of the contact person at the

231

facility.

B) The name and telephone number of your contact office, and a

mailing address to which people may direct comments,

information, opinions, or inquiries.

C) An address to which people may write to be put on the facility

mailing list.

D) The location where people may view and make copies of the draft

RCRA standardized permit and the Notice of Intent and supporting

documents.

E) A brief description of the facility and proposed operations,

including the address or a map (for example, a sketched or copied

street map) of the facility location on the front page of the notice.

F) The date that the facility owner or operator submitted the Notice of

Intent and supporting documents.

4) At the same time that the facility owner or operator issues the public

notice pursuant to this Section, it must place the draft RCRA standardized

permit (including both the uniform portion and the supplemental portion,

if any), the Notice of Intent and supporting documents, and the statement

of basis or fact sheet in a location accessible to the public in the vicinity of

the facility or at your office.

BOARD NOTE: Subsection (a) is derived from 40 CFR 124.207, as added at 70

Fed. Reg. 53420 (Sep. 8, 2005).

b) Opportunities for public comment and hearing on a draft permit decision.

1) The public notice that the Agency issues pursuant to Section 705.303(a)

must allow at least 45 days for interested persons to submit written

comments on its draft permit decision. This time is referred to as the

public comment period. The Agency must automatically extend the public

comment period to the close of any public hearing pursuant to this

subsection (b). The hearing officer may also extend the comment period

by so stating at the hearing.

2) During the public comment period, any interested person may submit

written comments on the draft permit and may request a public hearing.

Any request for a public hearing must be submitted to the Agency in

writing. The request for a public hearing must state the nature of the

issues that the requestor proposes to raise during the hearing.

232

3) The Agency must hold a public hearing whenever it receives a written

notice of opposition to a RCRA standardized permit and a request for a

public hearing within the public comment period pursuant to subsection

(b)(1) of this Section. The Agency may also hold a public hearing at its

discretion, whenever, for instance, such a hearing might clarify one or

more issues involved in the permit decision.

4) Whenever possible, the Agency must schedule a hearing pursuant to this

subsection (b) at a location convenient to the nearest population center to

the facility. The Agency must give public notice of the hearing at least 30

days before the date set for the hearing. (The Agency may give the public

notice of the hearing at the same time it provides public notice of the draft

permit, and the Agency may combine the two notices.)

5) The Agency must give public notice of the hearing according to the

methods in Section 705.303(a)(1) and (a)(2). The hearing must be

conducted according to the procedures in Section 705.182(b), (c), and (d).

6) In their written comments and during the public hearing, if held, interested

persons may provide comments on the draft permit decision. These

comments may include, but are not limited to, the facility’s eligibility for

the RCRA standardized permit, the tentative supplemental conditions

proposed by the Agency, and the need for additional supplemental

conditions.

BOARD NOTE: Subsection (b) is derived from 40 CFR 124.208, as added at 70

Fed. Reg. 53420 (Sep. 8, 2005).

c) Requirements for responding to comments.

1) At the time the Agency issues a final RCRA standardized permit, it must

also respond to comments received during the public comment period on

the draft permit. The Agency’s response must do each of the following:

A) It must specify which additional conditions (

i.e.

, those in the

supplemental portion), if any, the Agency changed in the final

permit, and the reasons for each change.

B) It must briefly describe and respond to all significant comments on

the facility’s ability to meet the general requirements (

i.e.

, those

terms and conditions in the uniform portion) and all significant

comments on any additional conditions necessary to adequately

protect human health and the environment that are raised during

the public comment period or during the hearing.

C) It must make the comments and responses accessible to the public.

233

2) The Agency may request additional information from the facility owner or

operator or inspect the facility if it needs additional information to

adequately respond to significant comments or to make decisions about

conditions that it may need to add to the supplemental portion of the

RCRA standardized permit.

3) The Agency must include in the administrative record for its final permit

decision any documents cited in the response to comments. If new points

are raised or new material supplied during the public comment period, the

Agency may document its response to those matters by adding new

materials to the administrative record.

BOARD NOTE: Subsection (c) is derived from 40 CFR 124.209, as added at 70

Fed. Reg. 53420 (Sep. 8, 2005).

d) Appeal of a final RCRA standardized permit by an interested party in the permit

process. An interested party may petition the Board for administrative review of

the Agency’s final permit decision, including the Agency’s decision that the

facility is eligible for the RCRA standardized permit, according to the procedures

of Section 705.212. However, the terms and conditions of the uniform portion of

the RCRA standardized permit are not subject to administrative review pursuant

to this subsection (d).

BOARD NOTE: Subsection (d) is derived from 40 CFR 124.210, as added at 70

Fed. Reg. 53420 (Sep. 8, 2005).

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

Section 705.304 Maintaining a RCRA Standardized Permit

a) Permissible types of changes an owner or operator may make to its RCRA

standardized permit. An owner or operator may make a routine change, a routine

change with prior Agency approval, and a significant change. For the purposes of

this subsection (a), the following definitions apply:

“Routine change” is any change to the RCRA standardized permit that

qualifies as a Class 1 permit modification (without prior Agency approval)

pursuant to Appendix A to 35 Ill. Adm. Code 703, and

“Routine change with prior Agency approval” is a change to the RCRA

standardized permit that would qualify as a class 1 modification with prior

agency approval, or a class 2 permit modification pursuant to Appendix A

to 35 Ill. Adm. Code 703; and

“Significant change” is any change to the RCRA standardized permit that

234

falls into one of the following categories:

It qualifies as a class 3 permit modification pursuant to Appendix

A to 35 Ill. Adm. Code 703;

It is not explicitly identified in Appendix A to 35 Ill. Adm. Code

703; or

It amends any terms or conditions in the supplemental portion of

the RCRA standardized permit.

BOARD NOTE: Subsection (a) is derived from 40 CFR 124.211, as added at 70

Fed. Reg. 53420 (Sep. 8, 2005).

b) Procedures to make routine changes.

1) An owner or operator can make routine changes to the RCRA

standardized permit without obtaining approval from the Agency.

However, the owner or operator must first determine whether the routine

change it will make amends the information it submitted to the Agency

pursuant to 35 Ill. Adm. Code 703.351(b) with its Notice of Intent to

operate under the RCRA standardized permit.

2) If the routine changes that the owner or operator makes amend the

information it submitted pursuant to 35 Ill. Adm. Code 703.351(b) with its

Notice of Intent to operate under the RCRA standardized permit, then

before the owner or operator makes the routine changes it must do both of

the following:

A) It must submit to the Agency the revised information pursuant to

35 Ill. Adm. Code 703.351(b)(1); and

B) It must provide notice of the changes to the facility mailing list and

to State and local governments in accordance with the procedures

in Section 705.163(a)(4) and (a)(5).

BOARD NOTE: Subsection (b) is derived from 40 CFR 124.212, as added at 70

Fed. Reg. 53420 (Sep. 8, 2005).

c) Procedures for routine changes with prior Agency approval.

1) Routine changes to the RCRA standardized permit may only be made with

the prior written approval of the Agency.

2) The owner or operator must also follow the procedures in subsections

(b)(2)(A) and (b)(2)(B) of this Section.

235

BOARD NOTE: Subsection (c) is derived from 40 CFR 124.213, as added at 70

Fed. Reg. 53420 (Sep. 8, 2005).

d) Procedures the owner or operator must follow to make significant changes.

1) The owner or operator must first provide notice of and conduct a public

meeting.

A) Public Meeting. The owner or operator must hold a meeting with

the public to solicit questions from the community and inform the

community of its proposed modifications to your hazardous waste

management activities. The owner or operator must post a sign-in

sheet or otherwise provide a voluntary opportunity for people

attending the meeting to provide their names and addresses.

B) Public Notice. At least 30 days before the owner or operator plans

to hold the meeting, it must issue a public notice in accordance

with the requirements of 35 Ill. Adm. Code 703.191(d).

2) After holding the public meeting, the owner or operator must submit a

modification request to the Agency that provides the following

information:

A) It must describe the exact changes that the owner or operator wants

and whether the changes are to information that the owner or

operator provided pursuant to 35 Ill. Adm. Code 703.351(b) or to

terms and conditions in the supplemental portion of its RCRA

standardized permit;

B) It must explain why the modification is needed; and

C) It must include a summary of the public meeting held pursuant to

subsection (d)(1) of this Section, along with the list of attendees

and their addresses and copies of any written comments or

materials they submitted at the meeting.

3) Once the Agency receives an owner’s or operator’s modification request,

it must make a tentative determination within 120 days to approve or

disapprove the request. The Agency is allowed a one time extension of 30

days to prepare the draft permit decision. When the use of the 30-day

extension is anticipated, the Agency should inform the permit applicant

during the initial 120-day review period.

4) After the Agency makes its tentative determination, the procedures in

Sections 705.302(b) and 705.303 for processing an initial request for

236

coverage under the RCRA standardized permit apply to making the final

determination on the modification request.

BOARD NOTE: Subsection (d) is derived from 40 CFR 124.214, as added at 70

Fed. Reg. 53420 (Sep. 8, 2005).

(Source: Added 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

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 Subtitle C Regulations

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

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

237

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

codified in R81-22 at 6 Ill. Reg. 4828, effective May 17, 1982; amended in R82-19 at 7 Ill. Reg.

14015, effective October 12, 1983; amended in R84-9 at 9 Ill. Reg. 11819, effective July 24,

1985; amended in R85-22 at 10 Ill. Reg. 968, effective January 2, 1986; amended in R86-1 at 10

Ill. Reg. 13998, effective August 12, 1986; amended in R86-19 at 10 Ill. Reg. 20630, effective

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

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

19280, effective November 12, 1987; amended in R87-26 at 12 Ill. Reg. 2450, effective January

15, 1988; amended in R87-39 at 12 Ill. Reg. 12999, effective July 29, 1988; amended in R88-16

at 13 Ill. Reg. 362, effective December 27, 1988; amended in R89-1 at 13 Ill. Reg. 18278,

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

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

Ill. Reg. 16450, effective September 25, 1990; amended in R90-17 at 15 Ill. Reg. 7934, effective

May 9, 1991; amended in R90-11 at 15 Ill. Reg. 9323, effective June 17, 1991; amended in R91-

1 at 15 Ill. Reg. 14446, effective September 30, 1991; amended in R91-13 at 16 Ill. Reg. 9489,

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

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

Reg. 20545, effective November 22, 1993; amended in R93-16 at 18 Ill. Reg. 6720, effective

April 26, 1994; amended in R94-7 at 18 Ill. Reg. 12160, effective July 29, 1994; amended in

R94-17 at 18 Ill. Reg. 17480, effective November 23, 1994; amended in R95-6 at 19 Ill. Reg.

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

1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 256, effective December 16, 1997;

amended in R98-12 at 22 Ill. Reg. 7590, effective April 15, 1998; amended in R97-21/R98-

3/R98-5 at 22 Ill. Reg. 17496, effective September 28, 1998; amended in R98-21/R99-2/R99-7 at

23 Ill. Reg. 1704, effective January 19, 1999; amended in R99-15 at 23 Ill. Reg. 9094, effective

July 26, 1999; amended in R00-5 at 24 Ill. Reg. 1063, effective January 6, 2000; amended in

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

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

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

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

12713, effective July 17, 2003; amended in R05-8 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. 2930, effective February 23, 2006; amended in R06-16/R06-17/R06-18 at 30 Ill.

Reg. ________, effective ______________________.

SUBPART A: GENERAL PROVISIONS

Section 720.101 Purpose, Scope, and Applicability

a) This Part provides definitions of terms, general standards, and overview

information applicable to 35 Ill. Adm. Code 720 through 726, 728, 733, 738, and

739.

b) In this Part:

238

1) Section 720.102 sets forth the rules that the Board and the Agency will use

in making information it receives available to the public and sets forth the

requirements that a generator, transporter, or owner or operator of a

treatment, storage, or disposal facility must follow to assert claims of

business confidentiality with respect to information that is submitted to the

Board or the Agency under for the purposes of compliance with 35 Ill.

Adm. Code 720 through 725 and 728, 733, 738, and 739.

2) Section 720.103 establishes rules of grammatical construction for for the

purposes of compliance with 35 Ill. Adm. Code 720 through 726, 728,

733, 738, and 739.

3) Section 720.110 defines terms that are used in 35 Ill. Adm. Code 720

through 726, 728, 733, 738, and 739.

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

Section 720.103 Use of Number and Gender

As used in 35 Ill. Adm. Code 720 through 726, 728, 733, 738, and 739:

a) Words in the masculine gender also include the feminine and neuter genders;

b) Words in the singular include the plural; and

c) Words in the plural include the singular.

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

Section 720.104 Electronic Document Filing

a) Scope and Applicability.

1) The USEPA, the Board or the Agency may allow for the filing of

electronic documents. This Section does not require submission of

electronic documents in lieu of paper documents. This Section sets forth

the requirements for the optional electronic filing of any report or

document that must be submitted to the appropriate of the following:

A) To USEPA directly under Title 40 of the Code of Federal

Regulations; or

B) To the Board or the Agency pursuant to any provision of 35 Ill.

Adm. Code 702 through 705, 720 through 728, 730, 733, 738, or

739.

239

2) Electronic document filing under this Section can begin only after USEPA

has first done as follows:

A) As to filing with USEPA, USEPA has published a notice in the

Federal Register announcing that USEPA is prepared to receive

documents required or permitted by the identified part or subpart

of Title 40 of the Code of Federal Regulations in an electronic

format; or

B) As to filing with the State, USEPA has granted approval of any

electronic document receiving system established by the Board or

the Agency that meets the requirements of 40 CFR 3.2000,

incorporated by reference in Section 720.111(b).

3) This Section does not apply to any of the following documents, whether or

not the document is a document submitted to satisfy the requirements cited

in subsection (a)(1) of this Section:

A) Any document submitted via fascimile;

B) Any document submitted via magnetic or optical media, such as

diskette, compact disc, digital video disc, or tape; or

C) Any data transfers between USEPA, any state, or any local

government and either the Board or the Agency as part of

administrative arrangements between the parties to the transfer to

share data.

4) Upon USEPA conferring approval for the filing of any types of documents

as electronic documents, as described in subsection (a)(2)(B) of this

Section, the Agency or the Board, as appropriate, must publish a Notice of

Public Information in the Illinois Register that describes the documents

approved for submission as electronic documents, the electronic document

receiving system approved to receive them, the acceptable formats and

procedures for their submission, and the date on which the Board or the

Agency will begin to receive those submissions. In the event of cessation

of USEPA approval or receiving any type of document as an electronic

document, the Board or the Agency must similarly cause publication of a

Notice of Public Information in the Illinois Register.

BOARD NOTE: Subsection (a) of this Section is derived from 40 CFR 3.1, as

added at 70 Fed. Reg. 59848 (Oct. 13, 2005).

b) Definitions. For the purposes of this Section, terms will have the meaning

attributed them in 40 CFR 3.3, incorporated by reference in 35 Ill. Adm. Code

720.111(b).

240

c) Procedures for submission of electronic documents to USEPA. Except as

provided in subsection (a)(3) of this Section, any person who is required under

Title 40 of the Code of Federal Regulations to create and submit or otherwise

provided a document to USEPA may satisfy this requirement with an electronic

document, in lieu of a paper document, provided the following conditions are

met:

1) The person satisfies the requirements of 40 CFR 3.10, incorporated by

reference in Section 720.111(b); and

2) USEPA has first published a notice in the Federal Register as described in

subsection (a)(2) of this Section.

d) Procedures for submission of electronic documents to the Board or the Agency.

1) The Board or the Agency may, but is not required to, establish procedures

for the electronic submission of documents that meet the requirements of

40 CFR 3.2 and 3.2000, incorporated by reference in Section 720.111(b).

The Board or the Agency must establish any such procedures under the

Administrative Procedure Act, 5 ILCS 100/5.

2) The Board or the Agency may not accept electronic documents under this

Section until after USEPA has approved the procedures in writing, and the

Board or the Agency has published a notice of such approval in the

Illinois Register. Nothing in this subsection (d) limits the authority of the

Board or the Agency under the Illinois Environmental Protection Act [415

ILCS 5] to accept documents filed electronically.

e) Effects of submission of an electronic document.

1) If a person who submits a document as an electronic document fails to

comply with the requirements this Section, that person is subject to the

penalties prescribed for failure to comply with the requirement that the

electronic document was intended to satisfy.

2) If a person who submits a document as an electronic document fails to

comply with the applicable established provisions as described in

subsections (c) and (d) of this Section, that person is subject to the

penalties prescribed for failure to comply with the requirement that the

electronic document was intended to satisfy.

3) Where a document submitted as an electronic document to satisfy a

reporting requirement bears an electronic signature, the electronic

signature legally binds, obligates, and makes the signer responsible to the

same extent as the signer’s handwritten signature would on a paper

241

document submitted to satisfy the same reporting requirement.

4) Proof that a particular signature device was used to create an electronic

signature will suffice to establish that the individual uniquely entitled to

use the device did so with the intent to sign the electronic document and

give it effect.

5) Nothing in this Section limits the use of electronic documents or

information derived from electronic documents as evidence in

enforcement or other proceedings.

BOARD NOTE: Subsection (e) of this Section is derived from 40 CFR 3.4, as

added at 70 Fed. Reg. 59848 (Oct. 13, 2005).

f) Public document subject to State laws. Any electronic document filed with the

Board is a public document. The document, its filing, and its retention by the

Board, and availability for public inspection and copying are subject to various

State laws, including, but not limited to, the following:

1) The Administrative Procedure Act [5 ILCS 100];

2) The Freedom of Information Act [5 ILCS 140];

3) The State Records Act [5 ILCS 160];

4) The Electronic Commerce Security Act [5 ILCS 175]

5) The Environmental Protection Act [415 ILCS 5];

6) Regulations relating to public access to Board records, at 2 Ill. Adm. Code

2175; and

7) Board procedural rules relating to protection of trade secrets and

confidential information, at 35 Ill. Adm. Code 130.

g) Nothing in this Section or in any provisions adopted pursuant to subsection (c)(1)

of this Section will create any right or privilege to submit any document as an

electronic document.

BOARD NOTE: Derived from 40 CFR 3 and 145.11(a)(33), as added, and 40 CFR 271.10(b),

271.11(b), and 271.12(h) (2005), as amended at 70 Fed. Reg. 59848 (Oct. 13, 2005).

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

242

SUBPART B: DEFINITIONS AND REFERENCES

Section 720.110 Definitions

When used in 35 Ill. Adm. Code 720 through 726, 728, 733, 738, 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.

“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.

243

“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

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.”)

244

“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 pursuant to 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 either of the following entities:

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

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

722.120, of 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 (2005);

The facility has received a RCRA permit from a state authorized

by USEPA pursuant to 40 CFR 271 (2005); or

The facility is regulated under pursuant to 35 Ill. Adm. Code

721.106(c)(2) or Subpart F of 35 Ill. Adm. Code 266; or

245

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.

“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:

246

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.

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

the U.S. Virgin Islands.

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

and the District of Columbia.

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

Georgia, South Carolina, and Florida.

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

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

Region VII: Nebraska, Kansas, Missouri, and Iowa.

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

and Colorado.

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

Samoa, and Commonwealth of the Northern Mariana Islands.

Region X: Washington, Oregon, Idaho, and Alaska.

247

“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;

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

248

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).

For the purpose of implementing corrective action under pursuant to 35 Ill.

Adm. Code 724.201 or 35 Ill. Adm. Code 727.201, 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 pursuant to 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

249

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 pursuant to 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.

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

250

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;

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;

251

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;

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.

252

“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.

“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

253

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 USEPA Form 8700-22 (including, if

necessary, USEPA Form 8700-22A) originated and signed by the generator or

offeror that contains the information required by Subpart B of 35 Ill. Adm. Code

722 and the applicable requirements of 35 Ill. Adm. Code 722 through 725 727.

“Manifest document number” means, until September 5, 2006, 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.

“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.

“Mercury-containing equipment” means mercury switches and mercury relays,

and scientific instruments and instructional equipment containing mercury added

during their manufacture. a device or part of a device (including thermostats, but

excluding batteries and lamps) that contains elemental mercury integral to its

function.

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] (see 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 5/3.283] (see P.A. 93-964, effective August

254

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 5/3.284] (see 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.

“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

pursuant to 35 Ill. Adm. Code 730; containment building; corrective action

management unit (CAMU); unit eligible for a research, development, and

demonstration permit under pursuant to 35 Ill. Adm. Code 703.231; or staging pile.

“Movement” means hazardous waste that is transported to a facility in an individual

vehicle.

255

“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

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.

256

“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 720.111(c);

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 720.111(c), 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 720.111(c), 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 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,

257

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

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 pursuant to 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,

258

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 code” means “Standard Industrial Classification code,” as 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 in its publication “Standard Industrial Classification Manual,” incorporated

by reference in Section 720.111(a).

“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 2,500 Btu/lb or less of sludge treated on a wet-weight basis.

“Small quantity generator” means a generator that generates less than 1,000 kg of

hazardous waste in a calendar month.

“Solid waste” means a solid waste as defined in 35 Ill. Adm. Code 721.102.

“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

259

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.”)

“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

260

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

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.

261

“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 pursuant to 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, Mercury-containing equipment, as described in 35 Ill. Adm.

Code 733.104; and

Lamps, as described in 35 Ill. Adm. Code 733.105; and.

Mercury-containing equipment, as described in 35 Ill. Adm. Code 733.106

733.104.

BOARD NOTE: 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] (see P.A. 93-964, effective August 20, 2004).

“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

262

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

pursuant to 35 Ill. Adm. Code 309 or a pretreatment permit or authorization

to discharge pursuant to 35 Ill. Adm. Code 310;

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.

263

“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 702 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, referenced in 35 Ill. Adm.

Code 724.673 and 725.543.

ANSI. Available from the American National Standards Institute, 1430

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

See ASME/ANSI B31.3 and B31.4 and supplements below in this

subsection (a) under ASME.

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, referenced in 35 Ill. Adm. Code 724.292,

724.295, 725.292, and 725.295.

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

publication 2517, Third Edition, February 1989, USEPA-approved

for 35 Ill. Adm. Code 725.984.

264

“Guide for Inspection of Refinery Equipment,” Chapter XIII,

“Atmospheric and Low Pressure Storage Tanks,” 4th Edition,

1981, reaffirmed December 1987, referenced in 35 Ill. Adm. Code

724.291, 724.293, 725.291, and 725.292.

“Installation of Underground Petroleum Storage Systems,” API

Recommended Practice 1615, Fourth Edition, November 1987,

referenced in 35 Ill. Adm. Code 724.292.

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,

referenced in 35 Ill. Adm. Code 724.292 and 725.292. 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,

referenced in 35 Ill. Adm. Code 724.292 and 725.292. Also

available from ANSI.

ASTM. Available from American Society for Testing and Materials, 100

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

ASTM C 94-90, “Standard Specification for Ready-Mixed

Concrete,” approved March 30, 1990, referenced in 35 Ill. Adm.

Code 724.673 and 725.543.

ASTM D 88-87, “Standard Test Method for Saybolt Viscosity,”

approved April 24, 1981, reapproved January 1987, referenced in

35 Ill. Adm. Code 726.200.

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

Pensky-Martens Closed Tester,” approved October 25, 1985,

USEPA-approved for 35 Ill. Adm. Code 721.121.

ASTM D 140-70, “Standard Practice for Sampling Bituminous

Materials,” approved 1970, referenced in Appendix A to 35 Ill.

Adm. Code 721.

ASTM D 346-75, “Standard Practice for Collection and

Preparation of Coke Samples for Laboratory Analysis,” approved

1975, referenced in Appendix A to 35 Ill. Adm. Code 721.

265

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

Design, and Construction Purposes,” approved 1969, referenced in

Appendix A to 35 Ill. Adm. Code 721.

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

Sampling by Auger Borings,” approved 1965, referenced in

Appendix A to 35 Ill. Adm. Code 721.

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

Gas by Gas Chromatography,” approved March 30, 1990, USEPA-

approved for 35 Ill. Adm. Code 724.933 and 725.933.

ASTM D 2161-87, “Standard Practice for Conversion of

Kinematic Viscosity to Saybolt Universal or to Saybolt Furol

Viscosity,” March 27, 1987, referenced in 35 Ill. Adm. Code

726.200.

ASTM D 2234-76, “Standard Practice for Collection of a Gross

Sample of Coal,” approved 1976, referenced in Appendix A to 35

Ill. Adm. Code 721.

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

Naphthas and Aviation Gasolines by Gas Chromatography,”

approved November 17, 1988, USEPA-approved for 35 Ill. Adm.

Code 724.963.

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

of Hydrocarbon Fuels by Bomb Calorimeter (High Precision

Method),” approved October 31, 1988, USEPA-approved for 35

Ill. Adm. Code 724.933 and 725.933.

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

Temperature Relationship and Initial Decomposition Temperature

of Liquids by Isoteniscope,” approved 1992, USEPA-approved for

35 Ill. Adm. Code 725.984, referenced in 35 Ill. Adm. Code

724.963 and 725.963.

ASTM D 3828-87, “Standard Test Methods for Flash Point of

Liquids by Setaflash Closed Tester,” approved December 14,

1988, USEPA-approved for 35 Ill. Adm. Code 721.121(a).

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

Infrared Quantitative Analysis,” approved May 27, 1988, USEPA-

approved for 35 Ill. Adm. Code 724.963.

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

266

Ultraviolet-Visible Quantitative Analysis,” approved February 1,

1987, USEPA-approved for 35 Ill. Adm. Code 724.963.

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

Chromatography,” approved June 28, 1985, USEPA-approved for

35 Ill. Adm. Code 724.963.

ASTM G 21-70 (1984a), “Standard Practice for Determining

Resistance of Synthetic Polymer Materials to Fungi.”, referenced

in 35 Ill. Adm. Code 724.414 and 725.414.

ASTM G 22-76 (1984b), “Standard Practice for Determining

Resistance of Plastics to Bacteria.”, referenced in 35 Ill. Adm.

Code 724.414 and 725.414.

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, referenced in 35 Ill. Adm. Code

702.110 and Section 720.110.

“Test Methods for Evaluating Solid Waste, Physical/Chemical

Methods,” USEPA publication number EPA-530/SW-846 (Third

Edition, November 1986), as amended by Updates I (July 1992), II

(September 1994), IIA (August, 1993), IIB (January 1995), III

(December 1996), IIIA (April 1998), and IIIB (November 2004)

(document number 955-001-00000-1). See below in this

subsection (a) under NTIS.

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 RP0285-85, approved March 1985,

referenced in 35 Ill. Adm. Code 724.292, 724.295, 725.292, and

725.295.

NFPA. Available from the National Fire Protection Association, 1

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

“Flammable and Combustible Liquids Code,” NFPA 30, issued

July 17, 1987, USEPA-approved for 35 Ill. Adm. Code 724.298

and 725.298, and 727.302, referenced in 35 Ill. Adm. Code

724.298, 725.301 and 726.211, and 727.290.

267

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 (Internet address: www.ntis.gov):

“APTI Course 415: Control of Gaseous Emissions,” December

1981, USEPA publication number 450/2-81-005, NTIS document

number PB80-208895, USEPA-approved for 35 Ill. Adm. Code

703.210, 703.211, 703.352, 724.935, and 725.935.

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,” USEPA publication number EPA-530/SW-

87-011, March 15, 1987, NTIS document number PB88-170766,

referenced in 35 Ill. Adm. Code 728.106.

“Method 1664, Revision A, n-Hexane Extractable Material (HEM;

Oil and Grease) and Silica Gel Treated n-Hexane Extractable

Material (SGT-HEM; Non-polar Material) by Extraction and

Gravimetry,” USEPA publication number EPA-821/R-98-002,

NTIS document number PB99-121949, USEPA-approved for

Appendix I to 35 Ill. Adm. Code 721.

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, USEPA document number EPA-600/4-79-

020, NTIS document number PB84-128677, referenced in 35 Ill.

Adm. Code 725.192.

BOARD NOTE: EPA-600/4-79-020 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.

“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, USEPA publication number

EPA-454/R-92-019, NTIS document number 93-219095,

referenced in 35 Ill. Adm. Code 726.204 and 726.206.

268

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 publication number EPA-530/SW-846 (Third

Edition, November 1986; Revision 6, January 2005), as amended

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

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

IIIB (November 2004) (document number 955-001-00000-1),

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):

Method 0010 (September 1986) (Modified Method 5

Sampling Train), USEPA-approved for Appendix I to 35

Ill. Adm. Code 721.

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.

Method 0020 (September 1986) (Source Assessment

Sampling System), USEPA-approved for Appendix I to 35

Ill. Adm. Code 721.

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.

Method 0030 (September 1986) (Volatile Organic

Sampling Train), USEPA-approved for Appendix I to 35

Ill. Adm. Code 721.

Method 0031 (December 1996) (Sampling Method for

Volatile Organic Compounds (SMVOC)), USEPA-

approved for Appendix I to 35 Ill. Adm. Code 721.

Method 0040 (December 1996) (Sampling of Principal

Organic Hazardous Constituents from Combustion Sources

269

Using Tedlar® Bags), USEPA-approved for Appendix I to

35 Ill. Adm. Code 721.

Method 0050 (December 1996) (Isokinetic HCl/Cl2

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.

Method 0051 (December 1996) (Midget Impinger HCl/Cl2

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.

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.

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.

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.

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.

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.

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.

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

270

728.

Method 1312 (September 1994) (Synthetic Precipitation

Leaching Procedure), USEPA-approved for Appendix I to

35 Ill. Adm. Code 721.

Method 1320 (September 1986) (Multiple Extraction

Procedure), USEPA-approved for Appendix I to 35 Ill.

Adm. Code 721.

Method 1330A (September 1992) (Extraction Procedure

for Oily Wastes), USEPA-approved for Appendix I to 35

Ill. Adm. Code 721.

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,

728.144, and 728.148, referenced in Table H to 35 Ill.

Adm. Code 728.

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.

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.

Method 9045D (November 2004) (Soil and Waste pH),

USEPA-approved for Appendix I to 35 Ill. Adm. Code 721.

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.

Method 9070A (November 2004) (n-Hexane Extractable

Material (HEM) for Aqueous Samples), USEPA-approved

for Appendix I to 35 Ill. Adm. Code 721.

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.

271

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, 727.290, and 728.132.

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

Decision C(92)39/Final (March 30, 1992, revised May 1993)

(Concerning the Control of Transfrontier Movements of Wastes

Destined for Recovery Operations), USEPA-approved for 35 Ill.

Adm. Code 722.189, referenced in 35 Ill. Adm. Code 722.181.

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.

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

Decision C(92)39/Final (March 30, 1992, revised May 1994)

(Concerning the Control of Transfrontier Movements of Wastes

Destined for Recovery Operations)), USEPA-approved for 35 Ill.

Adm. Code 722.189, referenced in 35 Ill. Adm. Code 722.181.

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), “CO2 Evolution

272

(Modified Sturm Test),”, referenced in 35 Ill. Adm. Code 724.414.

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

Decision C(92)39/Final (March 30, 1992, revised revised May

1993), USEPA-approved for 35 Ill. Adm. Code 722.189,

referenced in 35 Ill. Adm. Code 722.181.

OECD “Red Tier,” Section V 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.

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,” referenced in 35 Ill. Adm. Code 722.181

and 722.187.

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), referenced in 35 Ill. Adm. Code 724.293.

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, referenced in 35 Ill. Adm.

Code 726.305.

“The Motor Vehicle Inspection Report” (DD Form 626), as in

effect on November 8, 1995, referenced in 35 Ill. Adm. Code

726.303.

“Requisition tracking form” (DD Form 1348), as in effect on

November 8, 1995, referenced in 35 Ill. Adm. Code 726.303.

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

November 8, 1995, referenced in 35 Ill. Adm. Code 726.303.

“Special Instructions for Motor Vehicle Drivers” (DD Form 836),

as in effect on November 8, 1995, referenced in 35 Ill. Adm. Code

726.303.

USEPA, Office of Ground Water and Drinking Water. Available from

United States Environmental Protection Agency, Office of Drinking

273

Water, State Programs Division, WH 550 E, Washington, D.C. 20460:

“Inventory of Injection Wells,” USEPA Form 7520-16 (Revised 8-

01), referenced in 35 Ill. Adm. Code 704.148 and 704.283.

“Technical Assistance Document: Corrosion, Its Detection and

Control in Injection Wells,” USEPA publication number EPA-

570/9-87-002, August 1987, referenced in 35 Ill. Adm. Code

730.165.

USEPA, Receptor Analysis Branch. Available from Receptor Analysis

Branch, USEPA (MD-14), Research Triangle Park, NC 27711:

“Screening Procedures for Estimating the Air Quality Impact of

Stationary Sources, Revised,” October 1992, USEPA publication

number EPA-450/R-92-019, USEPA-approved for Appendix I to

35 Ill. Adm. Code 726.

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, referenced in Section 720.122.

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, referenced in Section 726.303.

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 (2005) (2006) (Transfer for Disposal and Manifests),

referenced in 35 Ill. Adm. Code 702.110, 726.425, and 726.450.

Table II, column 2 in Appendix B to 10 CFR 20 (2005) (2006) (Water

Effluent Concentrations), referenced in 35 Ill. Adm. Code 702.110,

730.103, and 730.151.

Appendix G to 10 CFR 20 (2005) (2006) (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.

274

10 CFR 71 (2005) (2006) (Packaging and Transportation of Radioactive

Material), referenced generally in 35 Ill. Adm. Code 726.430.

10 CFR 71.5 (2005) (2006) (Transportation of Licensed Material),

referenced in 35 Ill. Adm. Code 726.425.

33 CFR 153.203 (2005), as amended at 70 Fed. Reg. 74669 (December

16, 2005) (Procedure for the Notice of Discharge), referenced in 35 Ill.

Adm. Code 723.130 and 739.143.

40 CFR 3.2, as added at 70 Fed. Reg. 59849 (Oct. 13, 2006) (How Does

This Part Provide for Electronic Reporting?), referenced in Section

720.104.

40 CFR 3.3, as added at 70 Fed. Reg. 59849 (Oct. 13, 2006) (What

Definitions Are Applicable to This Part?), referenced in Section 720.104.

40 CFR 3.10, as added at 70 Fed. Reg. 59849 (Oct. 13, 2006) (What Are

the Requirements for Electronic Reporting to EPA?), referenced in

Section 720.104.

40 CFR 3.2000, as added at 70 Fed. Reg. 59849 (Oct. 13, 2006) (What

Are the Requirements Authorized State, Tribe, and Local Programs’

Reporting Systems Must Meet?), referenced in Section 720.104.

40 CFR 51.100(ii) (2005) (Definitions), referenced in 35 Ill. Adm. Code

726.200.

Appendix W to 40 CFR 51 (2005), as amended at 70 Fed. Reg. 68218

(November 9, 2005) (Guideline on Air Quality Models), referenced in 35

Ill. Adm. Code 726.204.

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).

Appendix B to 40 CFR 52.741 (2005) (VOM Measurement Techniques

for Capture Efficiency), referenced in 35 Ill. Adm. Code 703.213,

703.352, 724.982, 724.984, 724.986, 724.989, 725.983, 725.985, 725.987,

and 725.990.

40 CFR 60 (2005), as amended at 70 Fed. Reg. 51266 (Aug. 30, 2005), 70

Fed. Reg. 55568 (Sep. 22, 2005), 70 Fed. Reg. 59848 (Oct. 13, 2005), 70

Fed. Reg. 73138 (Dec. 9, 2005), and 70 Fed. Reg. 74870 (Dec. 16, 2005)

(Standards of Performance for New Stationary Sources), referenced

generally in 35 Ill. Adm. Code 724.964, 724.980, 725.964, and 725.980.

275

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.

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):

Method 1 (Sample and Velocity Traverses for Stationary Sources),

referenced in 35 Ill. Adm. Code 726.205.

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.

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.

Method 2B (Determination of Exhaust Gas Volume Flow Rate

from Gasoline Vapor Incinerators), referenced in 35 Ill. Adm.

Code 726.205.

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.

Method 2D (Measurement of Gas Volume Flow Rates in Small

Pipes and Ducts), referenced in 35 Ill. Adm. Code 724.933,

725.933, and 726.205.

Method 2E (Determination of Landfill Gas Production Flow Rate),

referenced in 35 Ill. Adm. Code 726.205.

Method 2F (Determination of Stack Gas Velocity and Volumetric

Flow Rate with Three-Dimensional Probes), referenced in 35 Ill.

Adm. Code 726.205.

Method 2G (Determination of Stack Gas Velocity and Volumetric

Flow Rate with Two-Dimensional Probes), referenced in 35 Ill.

Adm. Code 726.205.

Method 2H (Determination of Stack Gas Velocity Taking into

Account Velocity Decay Near the Stack Wall), referenced in 35 Ill.

276

Adm. Code 726.205.

Method 3 (Gas Analysis for the Determination of Dry Molecular

Weight), referenced in 35 Ill. Adm. Code 724.443 and 726.205.

Method 3A (Determination of Oxygen and Carbon Dioxide

Concentrations in Emissions from Stationary Sources

(Instrumental Analyzer Procedure)), referenced in 35 Ill. Adm.

Code 726.205.

Method 3B (Gas Analysis for the Determination of Emission Rate

Correction Factor or Excess Air), referenced in 35 Ill. Adm. Code

726.205.

Method 3C (Determination of Carbon Dioxide, Methane, Nitrogen,

and Oxygen from Stationary Sources), referenced in 35 Ill. Adm.

Code 726.205.

Method 4 (Determination of Moisture Content in Stack Gases),

referenced in 35 Ill. Adm. Code 726.205.

Method 5 (Determination of Particulate Matter Emissions from

Stationary Sources), referenced in 35 Ill. Adm. Code 726.205.

Method 5A (Determination of Particulate Matter Emissions from

the Asphalt Processing and Asphalt Roofing Industry), referenced

in 35 Ill. Adm. Code 726.205.

Method 5B (Determination of Nonsulfuric Acid Particulate Matter

Emissions from Stationary Sources), referenced in 35 Ill. Adm.

Code 726.205.

Method 5D (Determination of Particulate Matter Emissions from

Positive Pressure Fabric Filters), referenced in 35 Ill. Adm. Code

726.205.

Method 5E (Determination of Particulate Matter Emissions from

the Wool Fiberglass Insulation Manufacturing Industry),

referenced in 35 Ill. Adm. Code 726.205.

Method 5F (Determination of Nonsulfate Particulate Matter

Emissions from Stationary Sources), referenced in 35 Ill. Adm.

Code 726.205.

Method 5G (Determination of Particulate Matter Emissions from

Wood Heaters (Dilution Tunnel Sampling Location)), referenced

277

in 35 Ill. Adm. Code 726.205.

Method 5H (Determination of Particulate Emissions from Wood

Heaters from a Stack Location), referenced in 35 Ill. Adm. Code

726.205.

Method 5I (Determination of Low Level Particulate Matter

Emissions from Stationary Sources), referenced in 35 Ill. Adm.

Code 726.205.

Method 18 (Measurement of Gaseous Organic Compound

Emissions by Gas Chromatography), referenced in 35 Ill. Adm.

Code 724.933, 724.934, 725.933, and 725.934.

Method 21 (Determination of Volatile Organic Compound Leaks),

referenced in 35 Ill. Adm. Code 703.213, 724.934, 724.935,

724.963, 725.934, 725.935, 725.963, and 725.984.

Method 22 (Visual Determination of Fugitive Emissions from

Material Sources and Smoke Emissions from Flares), referenced in

35 Ill. Adm. Code 724.933, 724.1101, 725.933, and 725.1101, and

727.900.

Method 25A (Determination of Total Gaseous Organic

Concentration Using a Flame Ionization Analyzer), referenced in

35 Ill. Adm. Code 724.934 and 725.985.

Method 25D (Determination of the Volatile Organic Concentration

of Waste Samples), referenced in 35 Ill. Adm. Code 724.982,

725.983, and 725.984.

Method 25E (Determination of Vapor Phase Organic

Concentration in Waste Samples), referenced in 35 Ill. Adm. Code

725.984.

Method 27 (Determination of Vapor Tightness of Gasoline

Delivery Tank Using Pressure-Vacuum Test), referenced in 35 Ill.

Adm. Code 724.987 and 725.987.

40 CFR 61 (2005), as amended at 70 Fed. Reg. 73138 (Dec. 9, 2005) and

70 Fed. Reg. 73595 (Dec. 13, 2005) (National Emission Standards for

Hazardous Air Pollutants), referenced generally in 35 Ill. Adm. Code

725.933, 725.964, and 725.980.

Subpart V of 40 CFR 61 (2005) (National Emission Standard for

Equipment Leaks (Fugitive Emission Sources)), referenced in 35 Ill. Adm.

278

Code 724.989 and 725.990.

Subpart FF of 40 CFR 61 (2005) (National Emission Standard for

Benzene Waste Operations), referenced in 35 Ill. Adm. Code 724.982 and

725.983.

40 CFR 63 (2005), as amended at 70 Fed. Reg. 38554 (July 1, 2005), 70

Fed. Reg. 38780 (July 6, 2005), 70 Fed. Reg. 39426 (July 8, 2005), 70

Fed. Reg. 39662 (July 11, 2005), 70 Fed. Reg. 40672 (July 14, 2005), 70

Fed. Reg. 44285 (Aug. 2, 2005), 70 Fed. Reg. 46684 (Aug. 10, 2005), 70

Fed. Reg. 50118 (Aug. 25, 2005), 70 Fed. Reg. 51269 (Aug. 30, 2005), 70

Fed. Reg. 57513 (Oct. 3, 2005), 70 Fed. Reg. 59402 (Oct. 12, 2005), 70

Fed. Reg. 59848 (Oct. 13, 2005), 70 Fed. Reg. 66280 (Nov. 2, 2005), 70

Fed. Reg. 73138 (Dec. 9, 2005), 70 Fed. Reg. 73595 (Dec. 13, 2005), 70

Fed. Reg. 75042 (Dec. 19, 2005), 70 Fed. Reg. 75047 (Dec. 19, 2005), 70

Fed. Reg. 75320 (Dec. 19, 2005), 70 Fed. Reg. 75924 (Dec. 21, 2005), 70

Fed. Reg. 76918 (Dec. 28, 2005), and 71 Fed. Reg. 14655 (March 23,

2006) (National Emission Standards for Hazardous Air Pollutants for

Source Categories), referenced generally in 35 Ill. Adm. Code 725.933,

725.964, and 725.980.

Subpart RR of 40 CFR 63 (2005) (National Emission Standards for

Individual Drain Systems), referenced in 35 Ill. Adm. Code 724.982,

724.984, 724.985, 725.983, 725.985, and 725.986.

Subpart EEE of 40 CFR 63 (2000) (National Emission Standards for

Hazardous Air Pollutants from Hazardous Waste Combustors), referenced

in 35 Ill. Adm. Code 703.280.

Subpart EEE of 40 CFR 63 (2005), as amended at 70 Fed. Reg. 59402

(Oct. 12, 2005), 70 Fed. Reg. 75042 (Dec. 19, 2005), and 71 Fed. Reg.

14655 (March 23, 2006) (National Emission Standards for Hazardous Air

Pollutants from Hazardous Waste Combustors) (includes 40 CFR 63.1206

(When and How Must You Comply with the Standards and Operating

Requirements?), 63.1215 (What are the Health-Based Compliance

Alternatives for Total Chlorine?), 63.1216 (What are the Standards for

Solid-Fuel Boilers that Burn Hazardous Waste?), 63.1217 (What are the

Standards for Liquid-Fuel Boilers that Burn Hazardous Waste?), 63.1218

(What are the Standards for Hydrochloric Acid Production Furnaces that

Burn Hazardous Waste?), 63.1219 (What are the Replacement Standards

for Hazardous Waste Incinerators?), 63.1220 (What are the Replacement

Standards for Hazardous Waste-Burning Cement Kilns?), and 63.1221

(What are the Replacement Standards for Hazardous Waste-Burning

Lightweight Aggregate Kilns?)), referenced in Appendix A to 35 Ill. Adm.

Code 703 and 35 Ill. Adm. Code 703.155, 703.205, 703.208, 703.221,

703.232, 703.320, 703.280, 724.440, 724.701, 724.950, 725.440, and

279

726.200.

Method 301 (Field Validation of Pollutant Measurement Methods from

Various Waste Media) in appendix A to 40 CFR 63 (2005) (Test

Methods), referenced in 35 Ill. Adm. Code 725.984.

Appendix C to 40 CFR 63 (2005) (Determination of the Fraction

Biodegraded (Fbio) in a Biological Treatment Unit), referenced in 35 Ill.

Adm. Code 725.984.

Appendix D to 40 CFR 63 (2005) (Test Methods), referenced in 35 Ill.

Adm. Code 725.984.

40 CFR 136.3 (Identification of Test Procedures) (2005), referenced in 35

Ill. Adm. Code 702.110, 704.150, 704.187, and 730.103.

40 CFR 144.70 (2005) (Wording of the Instruments), referenced in 35 Ill.

Adm. Code 704.240.

40 CFR 232.2 (2005) (Definitions), referenced in 35 Ill. Adm. Code

721.104.

40 CFR 257 (2005), as amended at 70 Fed. Reg. 59848 (Oct. 13, 2005)

(Criteria for Classification of Solid Waste Disposal Facilities and

Practices), referenced in 35 Ill. Adm. Code 739.181.

40 CFR 258 (2005), as amended at 70 Fed. Reg. 44150 (Aug. 1, 2005) and

70 Fed. Reg. 59848 (Oct. 13, 2005) (Criteria for Municipal Solid Waste

Landfills), referenced in 35 Ill. Adm. Code 739.181.

40 CFR 260.21 (2005) (Alternative Equivalent Testing Methods),

referenced in Section 720.121.

Appendix I to 40 CFR 260 (2005) (Overview of Subtitle C Regulations),

referenced in Appendix A to 35 Ill. Adm. Code 720.

Appendix III to 40 CFR 261 (2005) (Chemical Analysis Test Methods),

referenced in 35 Ill. Adm. Code 704.150 and 704.187.

40 CFR 262.53 (2005) (Notification of Intent to Export), referenced in 35

Ill. Adm. Code 722.153.

40 CFR 262.54 (2005) (Special Manifest Requirements), and as amended

at 70 Fed. Reg. 10776 (March 4, 2005), referenced in 35 Ill. Adm. Code

722.154.

280

40 CFR 262.55 (2005) (Exception Reports), referenced in 35 Ill. Adm.

Code 722.155.

40 CFR 262.56 (2005) (Annual Reports), referenced in 35 Ill. Adm. Code

722.156.

40 CFR 262.57 (2005) (Recordkeeping), referenced in 35 Ill. Adm. Code

722.157.

Appendix to 40 CFR 262 (2005) (Uniform Hazardous Waste Manifest and

Instructions (EPA Forms 8700-22 and 8700-22A and Their Instructions)),

and as amended at 70 Fed. Reg. 10776 (March 4, 2005), referenced in

Appendix A to 35 Ill. Adm. Code 722 and 35 Ill. Adm. Code 724.986 and

725.987.

40 CFR 264.151 (2005) (Wording of the Instruments), referenced in 35 Ill.

Adm. Code 724.251 and 727.240.

Appendix I to 40 CFR 264 (2005) (Recordkeeping Instructions),

referenced in Appendix A to 35 Ill. Adm. Code 724.

Appendix IV to 40 CFR 264 (2005) (Cochran’s Approximation to the

Behrens-Fisher Students’ T-Test), referenced in Appendix D to 35 Ill.

Adm. Code 724.

Appendix V to 40 CFR 264 (2005) (Examples of Potentially Incompatible

Waste), referenced in Appendix E to 35 Ill. Adm. Code 724 and 35 Ill.

Adm. Code 727.270.

Appendix VI to 40 CFR 264 (2005) (Political Jurisdictions in Which

Compliance with§ 264.18(a) Must Be Demonstrated), referenced in 35 Ill.

Adm. Code 703.306 and 724.118.

Appendix I to 40 CFR 265 (2005) (Recordkeeping Instructions),

referenced in Appendix A to 35 Ill. Adm. Code 725.

Appendix III to 40 CFR 265 (2005) (EPA Interim Primary Drinking Water

Standards), referenced in Appendix C to 35 Ill. Adm. Code 725.

Appendix IV to 40 CFR 265 (2005) (Tests for Significance), referenced in

Appendix D to 35 Ill. Adm. Code 725.

Appendix V to 40 CFR 265 (2005) (Examples of Potentially Incompatible

Waste), referenced in 35 Ill. Adm. Code 725.277, 725.330, 725.357,

725.382, and 725.413 and Appendix E to 35 Ill. Adm. Code 725.

281

Appendix IX to 40 CFR 266 (2005) (Methods Manual for Compliance

with the BIF Regulations), referenced generally in Appendix I to 35 Ill.

Adm. Code 726.

Section 4.0 (Procedures for Estimating the Toxicity Equivalence of

Chlorinated Dibenzo-p-Dioxin and Dibenzofuran Congeners),

referenced in 35 Ill. Adm. Code 726.200 and 726.204.

Section 5.0 (Hazardous Waste Combustion Air Quality Screening

Procedure), referenced in 35 Ill. Adm. Code 726.204.

Section 7.0 (Statistical Methodology for Bevill Residue

Determinations), referenced in 35 Ill. Adm. Code 726.212.

BOARD NOTE: Also available from NTIS (see above for contact

information) as “Methods Manual for Compliance with BIF Regulations:

Burning Hazardous Waste in Boilers and Industrial Furnaces,” December

1990, USEPA publication number EPA-530/SW-91-010, NTIS document

number PB91-120006.

40 CFR 270.5 (2005) (Noncompliance and Program Reporting by the

Director), referenced in 35 Ill. Adm. Code 703.305.

40 CFR 761 (2005) (Polychlorinated Biphenyls (PCBs) Manufacturing,

Processing, Distribution in Commerce, and Use Prohibitions), referenced

generally in 35 Ill. Adm. Code 728.145.

40 CFR 761.3 (2005) (Definitions), referenced in 35 Ill. Adm. Code

728.102 and 739.110.

40 CFR 761.60 (2005) (Disposal Requirements), referenced in 35 Ill.

Adm. Code 728.142.

40 CFR 761.65 (2005) (Storage for Disposal), referenced in 35 Ill. Adm.

Code 728.150.

40 CFR 761.70 (2005) (Incineration), referenced in 35 Ill. Adm. Code

728.142.

Subpart B of 49 CFR 107 (2004) (2005), as amended at 70 Fed. Reg.

73156 (Dec. 9, 2005) (Exemptions), referenced generally in 35 Ill. Adm.

Code 724.986 and 725.987.

49 CFR 171 (2004) (2005), as amended at 70 Fed. Reg. 73156 (Dec. 9,

2005) (General Information, Regulations, and Definitions), referenced

generally in 35 Ill. Adm. Code 733.118, 733.138, 733.152, and 739.143.

282

49 CFR 171.3 (2004) (2005) (Hazardous Waste), referenced in 35 Ill.

Adm. Code 722.133.

49 CFR 171.8 (2004) (2005), as amended at 70 Fed. Reg. 73156 (Dec. 9,

2005) (Definitions and Abbreviations), referenced in 35 Ill. Adm. Code

733.118, 733.138, 733.152, 733.155, and 739.143.

49 CFR 171.15 (2004) (2005) (Immediate Notice of Certain Hazardous

Materials Incidents), referenced in 35 Ill. Adm. Code 723.130 and

739.143.

49 CFR 171.16 (2004) (2005) (Detailed Hazardous Materials Incident

Reports), referenced in 35 Ill. Adm. Code 723.130 and 739.143.

49 CFR 172 (2004) (2005), as amended at 70 Fed. Reg. 73156 (Dec. 9,

2005) (Hazardous Materials Table, Special Provisions, Hazardous

Materials Communications, Emergency Response Information, and

Training Requirements), referenced generally in 35 Ill. Adm. Code

722.131, 722.132, 724.986, 725.987, 733.114, 733.118, 733.134, 733.138,

733.152, 733.155, and 739.143.

49 CFR 172.304 (2004) (2005) (Marking Requirements), referenced in 35

Ill. Adm. Code 722.132.

Subpart F of 49 CFR 172 (2004) (2005) (Placarding), referenced in 35 Ill.

Adm. Code 722.133.

49 CFR 173 (2004) (2005), as amended at 70 Fed. Reg. 73156 (Dec. 9,

2005) (Shippers—General Requirements for Shipments and Packages),

referenced generally in 35 Ill. Adm. Code 722.130, 724.986, 724.416,

725.987, 733.118, 733.138, 733.152, and 739.143.

49 CFR 173.2 (2004) (2005) (Hazardous Materials Classes and Index to

Hazard Class Definitions), referenced in 35 Ill. Adm. Code 733.152.

49 CFR 173.12 (2004) (2005) (Exceptions for Shipments of Waste

Materials), referenced in 35 Ill. Adm. Code 724.416, 724.986, and

725.987.

49 CFR 173.28 (2004) (2005) (Reuse, Reconditioning, and Remanufacture

of Packagings), referenced in 35 Ill. Adm. Code 725.273.

49 CFR 173.50 (2004) (2005) (Class 1--Definitions), referenced in 35 Ill.

Adm. Code 721.124.

283

49 CFR 173.54 (2004) (2005) (Forbidden Explosives), referenced in 35

Ill. Adm. Code 721.124.

49 CFR 173.115 (2004) (2005) (Class 2, Divisions 2.1, 2.2, and 2.3--

Definitions), referenced in 35 Ill. Adm. Code 721.121.

49 CFR 173.127 (2004) (2005) (Class 5, Division 5.1—Definition and

Assignment of Packaging Groups), referenced in 35 Ill. Adm. Code

721.121.

49 CFR 174 (2004) (2005), as amended at 70 Fed. Reg. 73156 (Dec. 9,

2005) (Carriage by Rail), referenced generally in 35 Ill. Adm. Code

733.118, 733.138, 733.152, and 739.143.

49 CFR 175 (2004) (2005), as amended at 70 Fed. Reg. 73156 (Dec. 9,

2005) (Carriage by Aircraft), referenced generally in 35 Ill. Adm. Code

733.118, 733.138, 733.152, and 739.143.

49 CFR 176 (2004) (2005), as amended at 70 Fed. Reg. 73156 (Dec. 9,

2005) (Carriage by Vessel), referenced generally in 35 Ill. Adm. Code

733.118, 733.138, 733.152, and 739.143.

49 CFR 177 (2004) (2005), as amended at 70 Fed. Reg. 73156 (Dec. 9,

2005) (Carriage by Public Highway), referenced generally in 35 Ill. Adm.

Code 733.118, 733.138, 733.152, and 739.143.

49 CFR 178 (2004) (2005), as amended at 70 Fed. Reg. 73156 (Dec. 9,

2005) (Specifications for Packagings), referenced generally in 35 Ill.

Adm. Code 722.130, 724.416, 724.986, 725.416, 725.987, 733.118,

733.138, 733.152, and 739.143.

49 CFR 179 (2004) (2005), as amended at 70 Fed. Reg. 73156 (Dec. 9,

2005) (Specifications for Tank Cars), referenced in 35 Ill. Adm. Code

722.130, 724.416, 724.986, 725.416, 725.987, 733.118, 733.138, 733.152,

and 739.143.

49 CFR 180 (2004) (2005), as amended at 70 Fed. Reg. 73156 (Dec. 9,

2005) (Continuing Qualification and Maintenance of Packagings),

referenced generally in 35 Ill. Adm. Code 724.986, 725.987, 733.118,

733.138, 733.152, and 739.143.

c) Federal Statutes:

Section 11 of the Atomic Energy Act of 1954 (42 USC 2014), as amended

through January 23, 2000, referenced in 35 Ill. Adm. Code 721.104 and

726.310.

284

Sections 201(v), 201(w), and 512(j) of the Federal Food, Drug, and

Cosmetic Act (FFDCA; 21 USC 321(v), 321(w), and 360b(j)), as amended

through January 2, 2001, referenced in Section 720.110 and 35 Ill. Adm.

Code 733.109.

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

Pub. L. 99-145 (50 USC 1521(j)(1)), as amended through January 23,

2000, referenced in 35 Ill. Adm. Code 726.301.

d) This Section incorporates no later editions or amendments.

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

SUBPART C: RULEMAKING PETITIONS AND OTHER PROCEDURES

Section 720.120 Rulemaking

a) Any person may petition the Board to adopt as State regulations rules that are

identical in substance with newly-adopted federal amendments or regulations.

The petition must take the form of a proposal for rulemaking pursuant to 35 Ill.

Adm. Code 102. The proposal must include a listing of all amendments to 40

CFR 260 through 266, 268, 273, or 279 that have been made since the last

preceding amendment or proposal to amend 35 Ill. Adm. Code 720 through 726,

728, 733, or 739, pursuant to Section 22.4(a) of the Environmental Protection Act

[415 ILCS 5/22.4(a)].

b) Any person may petition the Board to adopt amendments or additional regulations

not identical in substance with federal regulations. Such proposal must conform

to 35 Ill. Adm. Code 102 and Section 22.4(b) or 22.4(c) and Title VII of the

Environmental Protection Act [415 ILCS 5/22.4(b) or (c) and Title VII].

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

Section 720.140 Additional Regulation of Certain Hazardous Waste Recycling Activities

on a Case-by-Case Basis

a) The Agency may decide on a case-by-case basis that persons accumulating or

storing the recyclable materials described in 35 Ill. Adm. Code 721.106(a)(2)(D)

should be regulated under pursuant to 35 Ill. Adm. Code 721.106(b) and (c) rather

than under pursuant to the provisions of Subpart F of 35 Ill. Adm. Code 726. The

basis for this decision is that the materials are being accumulated or stored in a

manner that does not protect human health and the environment because the

materials or their toxic constituents have not been adequately contained, or

because the materials being accumulated or stored together are incompatible. In

making this decision, the Agency must consider the following factors:

285

1) The types of materials accumulated or stored and the amounts

accumulated or stored;

2) The method of accumulation or storage;

3) The length of time the materials have been accumulated or stored before

being reclaimed;

4) Whether any contaminants are being released into the environment, or are

likely to be so released; and

5) Other relevant factors.

b) The procedures for this decision are set forth in Section 720.141.

(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 721

IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART A: GENERAL PROVISIONS

Section

721.101 Purpose and Scope

721.102 Definition of Solid Waste

721.103 Definition of Hazardous Waste

721.104 Exclusions

721.105 Special Requirements for Hazardous Waste Generated by Small Quantity

Generators

721.106 Requirements for Recyclable Materials

721.107 Residues of Hazardous Waste in Empty Containers

721.108 PCB Wastes Regulated under TSCA

721.109 Requirements for Universal Waste

SUBPART B: CRITERIA FOR IDENTIFYING THE CHARACTERISTICS OF

HAZARDOUS WASTE AND FOR LISTING HAZARDOUS WASTES

Section

721.110 Criteria for Identifying the Characteristics of Hazardous Waste

721.111 Criteria for Listing Hazardous Waste

286

SUBPART C: CHARACTERISTICS OF HAZARDOUS WASTE

Section

721.120 General

721.121 Characteristic of Ignitability

721.122 Characteristic of Corrosivity

721.123 Characteristic of Reactivity

721.124 Toxicity Characteristic

SUBPART D: LISTS OF HAZARDOUS WASTE

Section

721.130 General

721.131 Hazardous Wastes from Nonspecific Sources

721.132 Hazardous Waste from Specific Sources

721.133 Discarded Commercial Chemical Products, Off-Specification Species, Container

Residues, and Spill Residues Thereof

721.135 Wood Preserving Wastes

721.138 Comparable or Syngas Fuel Exclusion

721.Appendix A Representative Sampling Methods

721.Appendix B Method 1311 Toxicity Characteristic Leaching Procedure (TCLP)

721.Appendix C Chemical Analysis Test Methods

Table A Analytical Characteristics of Organic Chemicals (Repealed)

Table B Analytical Characteristics of Inorganic Species (Repealed)

Table C Sample Preparation/Sample Introduction Techniques (Repealed)

721.Appendix G Basis for Listing Hazardous Wastes

721.Appendix H Hazardous Constituents

721.Appendix I Wastes Excluded by Administrative Action

Table A Wastes Excluded by USEPA pursuant to 40 CFR 260.20 and 260.22 from

Non-Specific Sources

Table B Wastes Excluded by USEPA pursuant to 40 CFR 260.20 and 260.22 from

Specific Sources

Table C Wastes Excluded by USEPA pursuant to 40 CFR 260.20 and 260.22 from

Commercial Chemical Products, Off-Specification Species, Container

Residues, and Soil Residues Thereof

Table D Wastes Excluded by the Board by Adjusted Standard

721.Appendix J Method of Analysis for Chlorinated Dibenzo-p-Dioxins and

Dibenzofurans (Repealed)

721.Appendix Y Table to Section 721.138

721.Appendix Z Table to Section 721.102

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

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

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

codified in R81-22 at 6 Ill. Reg. 4828, effective May 17, 1982; amended in R82-18 at 7 Ill. Reg.

2518, effective February 22, 1983; amended in R82-19 at 7 Ill. Reg. 13999, effective October 12,

287

1983; amended in R84-34, 61 at 8 Ill. Reg. 24562, effective December 11, 1984; amended in

R84-9 at 9 Ill. Reg. 11834, effective July 24, 1985; amended in R85-22 at 10 Ill. Reg. 998,

effective January 2, 1986; amended in R85-2 at 10 Ill. Reg. 8112, effective May 2, 1986;

amended in R86-1 at 10 Ill. Reg. 14002, effective August 12, 1986; amended in R86-19 at 10 Ill.

Reg. 20647, effective December 2, 1986; amended in R86-28 at 11 Ill. Reg. 6035, effective

March 24, 1987; amended in R86-46 at 11 Ill. Reg. 13466, effective August 4, 1987; amended in

R87-32 at 11 Ill. Reg. 16698, effective September 30, 1987; amended in R87-5 at 11 Ill. Reg.

19303, effective November 12, 1987; amended in R87-26 at 12 Ill. Reg. 2456, effective January

15, 1988; amended in R87-30 at 12 Ill. Reg. 12070, effective July 12, 1988; amended in R87-39

at 12 Ill. Reg. 13006, effective July 29, 1988; amended in R88-16 at 13 Ill. Reg. 382, effective

December 27, 1988; amended in R89-1 at 13 Ill. Reg. 18300, effective November 13, 1989;

amended in R90-2 at 14 Ill. Reg. 14401, effective August 22, 1990; amended in R90-10 at 14 Ill.

Reg. 16472, effective September 25, 1990; amended in R90-17 at 15 Ill. Reg. 7950, effective

May 9, 1991; amended in R90-11 at 15 Ill. Reg. 9332, effective June 17, 1991; amended in R91-

1 at 15 Ill. Reg. 14473, effective September 30, 1991; amended in R91-12 at 16 Ill. Reg. 2155,

effective January 27, 1992; amended in R91-26 at 16 Ill. Reg. 2600, effective February 3, 1992;

amended in R91-13 at 16 Ill. Reg. 9519, effective June 9, 1992; amended in R92-1 at 16 Ill. Reg.

17666, effective November 6, 1992; amended in R92-10 at 17 Ill. Reg. 5650, effective March 26,

1993; amended in R93-4 at 17 Ill. Reg. 20568, effective November 22, 1993; amended in R93-

16 at 18 Ill. Reg. 6741, effective April 26, 1994; amended in R94-7 at 18 Ill. Reg. 12175,

effective July 29, 1994; amended in R94-17 at 18 Ill. Reg. 17490, effective November 23, 1994;

amended in R95-6 at 19 Ill. Reg. 9522, effective June 27, 1995; amended in R95-20 at 20 Ill.

Reg. 10963, effective August 1, 1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 275,

effective December 16, 1997; amended in R98-12 at 22 Ill. Reg. 7615, effective April 15, 1998;

amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17531, effective September 28, 1998; amended

in R98-21/R99-2/R99-7 at 23 Ill. Reg. 1718, effective January 19, 1999; amended in R99-15 at

23 Ill. Reg. 9135, effective July 26, 1999; amended in R00-13 at 24 Ill. Reg. 9481, effective June

20, 2000; amended in R01-3 at 25 Ill. Reg. 1281, effective January 11, 2001; amended in R01-

21/R01-23 at 25 Ill. Reg. 9108, effective July 9, 2001; amended in R02-1/R02-12/R02-17 at 26

Ill. Reg. 6584, effective April 22, 2002; amended in R03-18 at 27 Ill. Reg. 12760, effective July

17, 2003; amended in R04-16 at 28 Ill. Reg. 10693, effective July 19, 2004; amended in R05-8 at

29 Ill. Reg. 6003, effective April 13, 2005; amended in R06-5/R06-6/R06-7 at 30 Ill. Reg. 2992,

effective February 23, 2006; amended in R06-16/R06-17/R06-18 at 30 Ill. Reg. ________,

effective ______________________.

SUBPART A: GENERAL PROVISIONS

Section 721.101 Purpose and Scope

a) This Part identifies those solid wastes that are subject to regulation as hazardous

wastes under 35 Ill. Adm. Code 702, 703, 705, and 722 through 725, and 728, and

which are subject to the notification requirements of Section 3010 of the Resource

Conservation and Recovery Act (RCRA) (42 USC 6901 et seq.). In this Part:

1) Subpart A of this Part defines the terms “solid waste” and “hazardous

waste,” identifies those wastes that are excluded from regulation under 35

288

Ill. Adm. Code 702, 703, 705, and 722 through 725, and 728, and

establishes special management requirements for hazardous waste

produced by conditionally exempt small quantity generators and

hazardous waste that is recycled.

2) Subpart B of this Part sets forth the criteria used to identify characteristics

of hazardous waste and to list particular hazardous wastes.

3) Subpart C of this Part identifies characteristics of hazardous wastes.

4) Subpart D of this Part lists particular hazardous wastes.

b) Limitations on definition of solid waste.

1) The definition of solid waste contained in this Part applies only to wastes

that also are hazardous for purposes of the regulations implementing

Subtitle C of RCRA. For example, it does not apply to materials (such as

non-hazardous scrap, paper, textiles or rubber) that are not otherwise

hazardous wastes and that are recycled.

2) This Part identifies only some of the materials that are solid wastes and

hazardous wastes under Sections 1004(5), 1004(27) and 7003 of RCRA.

A material that is not defined as a solid waste in this Part, or is not a

hazardous waste identified or listed in this Part, is still a hazardous waste

for purposes of those Sections if, in the case of Section 7003 of RCRA,

the statutory elements are established.

c) For the purposes of Sections 721.102 and 721.106 the following definitions apply:

1) A “spent material” is any material that has been used and as a result of

contamination can no longer serve the purpose for which it was produced

without processing.

2) “Sludge” has the same meaning used in 35 Ill. Adm. Code 720.110.

3) A “by-product” is a material that is not one of the primary products of a

production process and is not solely or separately produced by the

production process. Examples are process residues such as slags or

distillation column bottoms. The term does not include a co-product that

is produced for the general public’s use and is ordinarily used in the form

it is produced by the process.

4) A material is “reclaimed” if it is processed to recover a usable product, or

if it is regenerated. Examples are recovery of lead values from spent

batteries and regeneration of spent solvents.

289

5) A material is “used or reused” if either of the following is true:

A) It is employed as an ingredient (including use as an intermediate)

in an industrial process to make a product (for example, distillation

bottoms from one process used as feedstock in another process).

However, a material will not satisfy this condition if distinct

components of the material are recovered as separate end products

(as when metals are recovered from metal-containing secondary

materials); or

B) It is employed in a particular function or application as an effective

substitute for a commercial product (for example, spent pickle

liquor used as phosphorus precipitant and sludge conditioner in

wastewater treatment).

6) “Scrap metal” is bits and pieces of metal parts (e.g., bars, turnings, rods,

sheets, wire) or metal pieces that may be combined together with bolts or

soldering (e.g., radiators, scrap automobiles, railroad box cars) that when

worn or superfluous can be recycled.

7) A material is “recycled” if it is used, reused or reclaimed.

8) A material is “accumulated speculatively” if it is accumulated before

being recycled. A material is not accumulated speculatively, however, if

the person accumulating it can show that the material is potentially

recyclable and has a feasible means of being recycled; and that, during the

calendar year (commencing on January 1), the amount of material that is

recycled, or transferred to a different site for recycling, equals at least 75

percent by weight or volume of the amount of that material accumulated at

the beginning of the period. In calculating the percentage of turnover, the

75 percent requirement is to be applied to each material of the same type

(e.g., slags from a single smelting process) that is recycled in the same

way (i.e., from which the same material is recovered or that is used in the

same way). Materials accumulating in units that would be exempt from

regulation under Section 721.104(c) are not to be included in making the

calculation. (Materials that are already defined as solid wastes also are

not to be included in making the calculation.) Materials are no longer in

this category once they are removed from accumulation for recycling,

however.

9) “Excluded scrap metal” is processed scrap metal, unprocessed home scrap

metal, and unprocessed prompt scrap metal.

10) “Processed scrap metal” is scrap metal that has been manually or

physically altered to either separate it into distinct materials to enhance

economic value or to improve the handling of materials. Processed scrap

290

metal includes, but is not limited to, scrap metal that has been baled,

shredded, sheared, chopped, crushed, flattened, cut, melted, or separated

by metal type (i.e., sorted), and fines, drosses and related materials that

have been agglomerated. (Note: shredded circuit boards being sent for

recycling are not considered processed scrap metal. They are covered

under the exclusion from the definition of solid waste for shredded circuit

boards being recycled (Section 721.104(a)(13))).

11) “Home scrap metal” is scrap metal as generated by steel mills, foundries,

and refineries, such as turnings, cuttings, punchings, and borings.

12) “Prompt scrap metal” is scrap metal as generated by the metal

working/fabrication industries, and it includes such scrap metal as

turnings, cuttings, punchings, and borings. Prompt scrap metal is also

known as industrial or new scrap metal.

d) The Agency has inspection authority pursuant to Section 3007 of RCRA and

Section 4 of the Environmental Protection Act [415 ILCS 5/4].

e) Electronic Document Filing. The filing of any document pursuant to any

provision of this Part as an electronic document is subject to 35 Ill. Adm. Code

720.104.

BOARD NOTE: Subsection (e) of this Section is derived from 40 CFR 3, as

added, and 40 CFR 271.10(b), 271.11(b), and 271.12(h) (2005), as amended at 70

Fed. Reg. 59848 (Oct. 13, 2005).

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

Section 721.103 Definition of Hazardous Waste

a) A solid waste, as defined in Section 721.102, is a hazardous waste if the following

is true of the waste:

1) It is not excluded from regulation as a hazardous waste under pursuant to

Section 721.104(b); and

2) It meets any of the following criteria:

A) It exhibits any of the characteristics of hazardous waste identified

in Subpart C of this Part. However, any mixture of a waste from

the extraction, beneficiation, and processing of ores and minerals

excluded under pursuant to Section 721.104(b)(7) and any other

solid waste exhibiting a characteristic of hazardous waste under

pursuant to Subpart C of this Part is a hazardous waste only if it

exhibits a characteristic that would not have been exhibited by the

291

excluded waste alone if such mixture had not occurred, or if the

mixture continues to exhibit any of the characteristics exhibited by

the non-excluded wastes prior to mixture. Further, for the

purposes of applying the toxicity characteristic to such mixtures,

the mixture is also a hazardous waste if it exceeds the maximum

concentration for any contaminant listed in Section 721.124 that

would not have been exceeded by the excluded waste alone if the

mixture had not occurred or if it continues to exceed the maximum

concentration for any contaminant exceeded by the nonexempt

waste prior to mixture.

B) It is listed in Subpart D of this Part and has not been excluded from

the lists in Subpart D of this Part under pursuant to 35 Ill. Adm.

Code 720.120 and 720.122.

C) This subsection (a)(2)(B) corresponds with 40 CFR

261.3(a)(2)(iii), which USEPA removed and marked as “reserved”

at 66 Fed. Reg. 27266 (May 16, 2001). This statement maintains

structural consistency with the federal regulations.

D) It is a mixture of solid waste and one or more hazardous wastes

listed in Subpart D of this Part and has not been excluded from this

subsection (a)(2) under pursuant to 35 Ill. Adm. Code 720.120 and

720.122, subsection (g) of this Section, or subsection (h) of this

Section; however, the following mixtures of solid wastes and

hazardous wastes listed in Subpart D of this Part are not hazardous

wastes (except by application of subsection (a)(2)(A) or (a)(2)(B)

of this Section) if the generator demonstrates that the mixture

consists of wastewater the discharge of which is subject to

regulation under either 35 Ill. Adm. Code 309 or 310 (including

wastewater at facilities that have eliminated the discharge of

wastewater) and the following is true of the waste:

i) It is one or more of the following solvents listed in Section

721.131: benzene, carbon tetrachloride, tetrachloro-

ethylene, trichloroethylene or the scrubber waters derived

from the combustion of these spent solvents, provided that

the maximum total weekly usage of these solvents (other

than the amounts that can be demonstrated not to be

discharged to wastewater) divided by the average weekly

flow of wastewater into the headworks of the facility’s

wastewater treatment or pretreatment system does not

exceed 1 part per million, or the total measured

concentration of these solvents entering the headworks of

the facility’s wastewater treatment system (at a facility that

is subject to regulation under the federal Clean Air Act new

292

source performance standards or national emission

standards for hazardous air pollutants of 40 CFR 60, 61, or

63 or at a facility that is subject to an enforceable limit in a

federal operating permit that minimizes fugitive emissions)

does not exceed 1 part per million on an average weekly

basis. Any facility that uses benzene as a solvent and

claims this exemption must use an aerated biological

wastewater treatment system and must use only lined

surface impoundments or tanks prior to secondary

clarification in the wastewater treatment system. A facility

that chooses to measure concentration levels must file a

copy of its sampling and analysis plan with the Agency. A

facility must file a copy of a revised sampling and analysis

plan only if the initial plan is rendered inaccurate by

changes in the facility’s operations. The sampling and

analysis plan must include the monitoring point location

(headworks), the sampling frequency and methodology,

and a list of constituents to be monitored. A facility is

eligible for the direct monitoring option once they receive

confirmation that the sampling and analysis plan has been

received by the Agency. The Agency may reject the

sampling and analysis plan if it finds that the sampling and

analysis plan fails to include the above information or that

the plan parameters would not enable the facility to

calculate the weekly average concentration of these

chemicals accurately. If the Agency rejects the sampling

and analysis plan, or if the Agency finds that the facility is

not following the sampling and analysis plan, the Agency

must notify the facility to cease the use of the direct

monitoring option until such time as the bases for rejection

are corrected;

ii) It is one or more of the following spent solvents listed in

Section 721.131: methylene chloride, 1,1,1-trichloro-

ethane, chlorobenzene, o-dichlorobenzene, cresols, cresylic

acid, nitrobenzene, toluene, methyl ethyl ketone, carbon

disulfide, isobutanol, pyridine, spent chlorofluorocarbon

solvents, 2- ethoxyethanol, or the scrubber waters derived-

from the combustion of these spent solvents, provided that

the maximum total weekly usage of these solvents (other

than the amounts that can be demonstrated not to be

discharged to wastewater) divided by the average weekly

flow of wastewater into the headworks of the facility’s

wastewater treatment or pretreatment system does not

exceed 25 parts per million, or the total measured

concentration of these solvents entering the headworks of

293

the facility’s wastewater treatment system (at a facility that

is subject to regulation under the federal Clean Air Act new

source performance standards or national emission

standards for hazardous air pollutants of 40 CFR 60, 61, or

63 or at a facility that is subject to an enforceable limit in a

federal operating permit that minimizes fugitive emissions)

does not exceed 25 parts per million on an average weekly

basis. A facility that chooses to measure concentration

levels must file a copy of its sampling and analysis plan

with the Agency. A facility must file a copy of a revised

sampling and analysis plan only if the initial plan is

rendered inaccurate by changes in the facility’s operations.

The sampling and analysis plan must include the

monitoring point location (headworks), the sampling

frequency and methodology, and a list of constituents to be

monitored. A facility is eligible for the direct monitoring

option once they receive confirmation that the sampling

and analysis plan has been received by the Agency. The

Agency must reject the sampling and analysis plan if it

determines that the sampling and analysis plan fails to

include the above information or that the plan parameters

would not enable the facility to calculate the weekly

average concentration of these chemicals accurately. If the

Agency rejects the sampling and analysis plan, or if the

Agency finds that the facility is not following the sampling

and analysis plan, the Agency must notify the facility to

cease the use of the direct monitoring option until such

time as the bases for rejection are corrected;

iii) It is one of the following wastes listed in Section 721.132,

provided that the wastes are discharged to the refinery oil

recovery sewer before primary oil/water/solids separation:

heat exchanger bundle cleaning sludge from the petroleum

refining industry (USEPA hazardous waste no. K050),

crude oil storage tank sediment from petroleum refining

operations (USEPA hazardous waste number K169),

clarified slurry oil tank sediment or in-line filter/separation

solids from petroleum refining operations (USEPA

hazardous waste number K170), spent hydrotreating

catalyst (USEPA hazardous waste number K171), and

spent hydrorefining catalyst (USEPA hazardous waste

number K172);

iv) It is a discarded hazardous waste, commercial chemical

product or chemical intermediate listed in Section 721.121,

721.132, or 721.133 arising from de minimis losses of these

294

materials from manufacturing operations in which these

materials are used as raw materials or are produced in the

manufacturing process. For purposes of this subsection,

“de minimis” losses include are inadvertent releases to a

wastewater treatment system, including those from normal

material handling operations (e.g., spills from the

unloading or transfer of materials from bins or other

containers, leaks from pipes, valves, or other devices used

to transfer materials); minor leaks of process equipment,

storage tanks, or containers; leaks from well-maintained

pump packings and seals; sample purgings; relief device

discharges; discharges from safety showers and rinsing and

cleaning of personal safety equipment; and rinsate from

empty containers or from containers that are rendered

empty by that rinsing. Any manufacturing facility that

claims an exemption for de minimis

quantities of a waste

listed in Sections 721.131 or 721.132, or any

nonmanufacturing facility that claims an exemption for de

minimis

quantities of wastes listed in Subpart D of this

Part, must either have eliminated the discharge of

wastewaters or have included in its federal Clean Water

Act (33 USC 1251 et seq.) permit application or

wastewater pretreatment submission to the Agency or the

wastewater pretreatment Control Authority pursuant to 35

Ill. Adm. Code 307 of the constituents for which each

waste was listed (in Appendix G of this Part); and the

constituents in Table T to 35 Ill. Adm. Code 728 for which

each waste has a treatment standard (

i.e.

, land disposal

restriction constituents). A facility is eligible to claim the

exemption once the Agency or Control Authority has been

notified of possible de minimis

releases via the Clean

Water Act permit application or the wastewater

pretreatment submission. A copy of the Clean Water Act

permit application or the wastewater pretreatment

submission must be placed in the facility’s on-site files;

v) It is wastewater resulting from laboratory operations

containing toxic (T) wastes listed in Subpart D of this Part,

provided that the annualized average flow of laboratory

wastewater does not exceed one percent of total wastewater

flow into the headworks of the facility’s wastewater

treatment or pretreatment system or provided that the

wastes’ combined annualized average concentration does

not exceed one part per million in the headworks of the

facility’s wastewater treatment or pretreatment facility.

Toxic (T) wastes used in laboratories that are demonstrated

295

not to be discharged to wastewater are not to be included in

this calculation;

vi) It is one or more of the following wastes listed in Section

721.132: wastewaters from the production of carbamates

and carbamoyl oximes (USEPA Hazardous Waste No.

K157), provided that the maximum weekly usage of

formaldehyde, methyl chloride, methylene chloride, and

triethylamine (including all amounts that cannot be

demonstrated to be reacted in the process, destroyed

through treatment, or recovered, i.e., what is discharged or

volatilized) divided by the average weekly flow of process

wastewater prior to any dilutions into the headworks of the

facility’s wastewater treatment system does not exceed a

total of 5 parts per million by weight, or the total measured

concentration of these chemicals entering the headworks of

the facility’s wastewater treatment system (at a facility that

is subject to regulation under the federal Clean Air Act new

source performance standards or national emission

standards for hazardous air pollutants of 40 CFR 60, 61, or

63 or at a facility that is subject to an enforceable limit in a

federal operating permit that minimizes fugitive emissions)

does not exceed 5 parts per million on an average weekly

basis. A facility that chooses to measure concentration

levels must file a copy of its sampling and analysis plan

with the Agency. A facility must file a copy of a revised

sampling and analysis plan only if the initial plan is

rendered inaccurate by changes in the facility’s operations.

The sampling and analysis plan must include the

monitoring point location (headworks), the sampling

frequency and methodology, and a list of constituents to be

monitored. A facility is eligible for the direct monitoring

option once they receive confirmation that the sampling

and analysis plan has been received by the Agency. The

Agency must reject the sampling and analysis plan if it

determines that the sampling and analysis plan fails to

include the above information or that the plan parameters

would not enable the facility to calculate the weekly

average concentration of these chemicals accurately. If the

Agency rejects the sampling and analysis plan, or if the

Agency finds that the facility is not following the sampling

and analysis plan, the Agency must notify the facility to

cease the use of the direct monitoring option until such

time as the bases for rejection are corrected; or

vii) It is wastewater derived from the treatment of one or more

296

of the following wastes listed in Section 721.132: organic

waste (including heavy ends, still bottoms, light ends, spent

solvents, filtrates, and decantates) from the production of

carbamates and carbamoyl oximes (USEPA Hazardous

Waste No. K156), provided that the maximum

concentration of formaldehyde, methyl chloride, methylene

chloride, and triethylamine prior to any dilutions into the

headworks of the facility’s wastewater treatment system

does not exceed a total of 5 milligrams per liter, or the total

measured concentration of these chemicals entering the

headworks of the facility’s wastewater treatment system (at

a facility that is subject to regulation under the federal

Clean Air Act new source performance standards or

national emission standards for hazardous air pollutants of

40 CFR 60, 61, or 63 or at a facility that is subject to an

enforceable limit in a federal operating permit that

minimizes fugitive emissions) does not exceed 5

milligrams per liter on an average weekly basis. A facility

that chooses to measure concentration levels must file a

copy of its sampling and analysis plan with the Agency. A

facility must file a copy of a revised sampling and analysis

plan only if the initial plan is rendered inaccurate by

changes in the facility’s operations. The sampling and

analysis plan must include the monitoring point location

(headworks), the sampling frequency and methodology,

and a list of constituents to be monitored. A facility is

eligible for the direct monitoring option once they receive

confirmation that the sampling and analysis plan has been

received by the Agency. The Agency must reject the

sampling and analysis plan if it determines that the

sampling and analysis plan fails to include the above

information or that the plan parameters would not enable

the facility to calculate the weekly average concentration of

these chemicals accurately. If the Agency rejects the

sampling and analysis plan, or if the Agency finds that the

facility is not following the sampling and analysis plan, the

Agency must notify the facility to cease the use of the

direct monitoring option until such time as the bases for

rejection are corrected.

E) Rebuttable presumption for used oil. Used oil containing more

than 1,000 ppm total halogens is presumed to be a hazardous waste

because it has been mixed with halogenated hazardous waste listed

in Subpart D of this Part. Persons may rebut this presumption by

demonstrating that the used oil does not contain hazardous waste

(for example, to show that the used oil does not contain significant

297

concentrations of halogenated hazardous constituents listed in

Appendix H of this Part).

i) The rebuttable presumption does not apply to a

metalworking oil or fluid containing chlorinated paraffins if

it is processed through a tolling arrangement, as described

in 35 Ill. Adm. Code 739.124(c), to reclaim metalworking

oils or fluids. The presumption does apply to a

metalworking oil or fluid if such an oil or fluid is recycled

in any other manner, or disposed.

ii) The rebuttable presumption does not apply to a used oil

contaminated with chlorofluorocarbons (CFCs) removed

from refrigeration units where the CFCs are destined for

reclamation. The rebuttable presumption does apply to a

used oil contaminated with CFCs that have been mixed

with used oil from a source other than a refrigeration unit.

b) A solid waste that is not excluded from regulation under pursuant to subsection

(a)(1) of this Section becomes a hazardous waste when any of the following

events occur:

1) In the case of a waste listed in Subpart D of this Part, when the waste first

meets the listing description set forth in Subpart D of this Part.

2) In the case of a mixture of solid waste and one or more listed hazardous

wastes, when a hazardous waste listed in Subpart D of this Part is first

added to the solid waste.

3) In the case of any other waste (including a waste mixture), when the waste

exhibits any of the characteristics identified in Subpart C of this Part.

c) Unless and until it meets the criteria of subsection (d) of this Section, a hazardous

waste will remain a hazardous waste.

BOARD NOTE: This subsection (c) corresponds with 40 CFR 261.3(c)(1). The

Board has codified 40 CFR 261.3(c)(2) at subsection (e) of this Section.

d) Any solid waste described in subsection (e) of this Section is not a hazardous

waste if it meets the following criteria:

1) In the case of any solid waste, it does not exhibit any of the characteristics

of hazardous waste identified in Subpart C of this Part. (However, wastes

that exhibit a characteristic at the point of generation may still be subject

to the requirements of 35 Ill. Adm. Code 728, even if they no longer

exhibit a characteristic at the point of land disposal.)

298

2) In the case of a waste that is a listed waste under pursuant to Subpart D of

this Part, a waste that contains a waste listed under pursuant to Subpart D

of this Part, or a waste that is derived from a waste listed in Subpart D of

this Part, it also has been excluded from subsection (e) of this Section

under pursuant to 35 Ill. Adm. Code 720.120 and 720.122.

e) Specific inclusions and exclusions.

1) Except as otherwise provided in subsection (e)(2), (g), or (h) of this

Section, any solid waste generated from the treatment, storage, or disposal

of a hazardous waste, including any sludge, spill residue, ash, emission

control dust, or leachate (but not including precipitation run-off), is a

hazardous waste. (However, materials that are reclaimed from solid

wastes and that are used beneficially are not solid wastes and hence are

not hazardous wastes under this provision unless the reclaimed material is

burned for energy recovery or used in a manner constituting disposal.)

2) The following solid wastes are not hazardous even though they are

generated from the treatment, storage, or disposal of a hazardous waste,

unless they exhibit one or more of the characteristics of hazardous waste:

A) Waste pickle liquor sludge generated by lime stabilization of spent

pickle liquor from the iron and steel industry (SIC Codes 331 and

332).

B) Wastes from burning any of the materials exempted from

regulation by Section 721.106(a)(3)(C) and (a)(3)(D).

C) Nonwastewater residues, such as slag, resulting from high

temperature metal recovery (HTMR) processing of K061, K062, or

F006 waste in the units identified in this subsection (e)(2) that are

disposed of in non-hazardous waste units, provided that these

residues meet the generic exclusion levels identified in the tables

in this subsection (e)(2)(C) for all constituents and the residues

exhibit no characteristics of hazardous waste. The types of units

identified are rotary kilns, flame reactors, electric furnaces, plasma

arc furnaces, slag reactors, rotary hearth furnace/electric furnace

combinations, or the following types of industrial furnaces (as

defined in 35 Ill. Adm. Code 720.110): blast furnaces; smelting,

melting, and refining furnaces (including pyrometallurgical

devices such as cupolas, reverberator furnaces, sintering machines,

roasters, and foundry furnaces); and other furnaces designated by

the Agency pursuant to that definition.

i) Testing requirements must be incorporated in a facility’s

299

waste analysis plan or a generator’s self-implementing

waste analysis plan; at a minimum, composite samples of

residues must be collected and analyzed quarterly and

when the process or operation generating the waste

changes.

ii) Persons claiming this exclusion in an enforcement action

will have the burden of proving by clear and convincing

evidence that the material meets all of the exclusion

requirements. The generic exclusion levels are the

following:

Generic exclusion levels for K061 and K062

nonwastewater HTMR residues:

Constituent Maximum for any single

composite sample (mg/

ℓ

)

Antimony 0.10

Arsenic 0.50

Barium 7.6

Beryllium 0.010

Cadmium 0.050

Chromium (total) 0.33

Lead 0.15

Mercury 0.009

Nickel 1.0

Selenium 0.16

Silver 0.30

Thallium 0.020

Vanadium 1.26

Zinc 70

Generic exclusion levels for F006 nonwastewater HTMR

residues:

Constituent Maximum for any single

composite sample (mg/

ℓ

)

Antimony 0.10

Arsenic 0.50

Barium 7.6

Beryllium 0.010

Cadmium 0.050

Chromium (total) 0.33

Cyanide (total) (mg/kg) 1.8

Lead 0.15

Mercury 0.009

300

Nickel 1.0

Selenium 0.16

Silver 0.30

Thallium 0.020

Zinc 70

iii) A one-time notification and certification must be placed in

the facility’s files and sent to the Agency (or, for out-of-

State shipments, to the appropriate Regional Administrator

of USEPA or the state agency authorized to implement

federal 40 CFR 268 requirements) for K061, K062, or F006

HTMR residues that meet the generic exclusion levels for

all constituents, which do not exhibit any characteristics,

and which are sent to RCRA Subtitle D (municipal solid

waste landfill) units. The notification and certification that

is placed in the generator’s or treater’s files must be

updated if the process or operation generating the waste

changes or if the RCRA Subtitle D unit receiving the waste

changes. However, the generator or treater need only

notify the Agency on an annual basis if such changes occur.

Such notification and certification should be sent to the

Agency by the end of the calendar year, but no later than

December 31. The notification must include the following

information: the name and address of the nonhazardous

waste management unit receiving the waste shipment; the

USEPA hazardous waste number and treatability group at

the initial point of generation; and the treatment standards

applicable to the waste at the initial point of generation.

The certification must be signed by an authorized

representative and must state as follows:

“I certify under penalty of law that the generic

exclusion levels for all constituents have been met

without impermissible dilution and that no

characteristic of hazardous waste is exhibited. I am

aware that there are significant penalties for

submitting a false certification, including the

possibility of fine and imprisonment.”

D) Biological treatment sludge from the treatment of one of the

following wastes listed in Section 721.132: organic waste

(including heavy ends, still bottoms, light ends, spent solvents,

filtrates, and decantates) from the production of carbamates and

carbamoyl oximes (USEPA Hazardous Waste No. K156) and

wastewaters from the production of carbamates and carbamoyl

oximes (USEPA Hazardous Waste No. K157).

301

E) Catalyst inert support media separated from one of the following

wastes listed in Section 721.132: spent hydrotreating catalyst

(USEPA hazardous waste number K171) and spent hydrorefining

catalyst (USEPA hazardous waste number K172).

BOARD NOTE: This subsection (e) would normally correspond with 40 CFR

261.3(e), a subsection that has been deleted and marked “reserved” by USEPA.

Rather, this subsection (e) corresponds with 40 CFR 261.3(c)(2), which the Board

codified here to comport with codification requirements and to enhance clarity.

f) Notwithstanding subsections (a) through (e) of this Section and provided the

debris, as defined in 35 Ill. Adm. Code 728.102, does not exhibit a characteristic

identified at Subpart C of this Part, the following materials are not subject to

regulation under 35 Ill. Adm. Code 702, 703, 720, 721 to 726, or 728:

1) Hazardous debris as defined in 35 Ill. Adm. Code 728.102 that has been

treated using one of the required extraction or destruction technologies

specified in Table F to 35 Ill. Adm. Code 728; persons claiming this

exclusion in an enforcement action will have the burden of proving by

clear and convincing evidence that the material meets all of the exclusion

requirements; or

2) Debris, as defined in 35 Ill. Adm. Code 728.102, that the Agency,

considering the extent of contamination, has determined is no longer

contaminated with hazardous waste.

g) Exclusion of certain wastes listed in Subpart D of this Part solely because they

exhibit a characteristic of ignitability, corrosivity, or reactivity.

1) A hazardous waste that is listed in Subpart D of this Part solely because it

exhibits one or more characteristics of ignitability, as defined under

Section 721.121; corrosivity, as defined under Section 721.122; or

reactivity, as defined under Section 721.123 is not a hazardous waste if the

waste no longer exhibits any characteristic of hazardous waste identified

in Subpart C of this Part.

2) The exclusion described in subsection (g)(1) of this Section also pertains

to the following:

A) Any mixture of a solid waste and a hazardous waste listed in

Subpart D of this Part solely because it exhibits the characteristics

of ignitability, corrosivity, or reactivity, as regulated under

subsection (a)(2)(D) of this Section; and

B) Any solid waste generated from treating, storing, or disposing of a

302

hazardous waste listed in Subpart D of this Part solely because it

exhibits the characteristics of ignitability, corrosivity, or reactivity,

as regulated under subsection (e)(1) of this Section.

3) Wastes excluded under pursuant to this subsection (g) are subject to 35 Ill.

Adm. Code 728 (as applicable), even if they no longer exhibit a

characteristic at the point of land disposal.

h) Eligible radioactive mixed waste.

1) Hazardous waste containing radioactive waste is no longer a hazardous

waste when it meets the eligibility criteria and conditions of Subpart N of

35 Ill. Adm. Code 726 (i.e., it is “eligible radioactive mixed waste”).

2) The exemption described in subsection (h)(1) of this Section also pertains

to the following:

A) Any mixture of a solid waste and an eligible radioactive mixed

waste; and

B) Any solid waste generated from treating, storing, or disposing of

an eligible radioactive mixed waste.

3) Waste exempted under pursuant to this subsection (h) must meet the

eligibility criteria and specified conditions in 35 Ill. Adm. Code 726.325

and 726.330 (for storage and treatment) and in 35 Ill. Adm. Code 726.410

and 726.415 (for transportation and disposal). Waste that fails to satisfy

these eligibility criteria and conditions is regulated as hazardous waste.

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

Section 721.104 Exclusions

a) Materials that are not solid wastes. The following materials are not solid wastes

for the purpose of this Part:

1) Sewage.

A) Domestic sewage (untreated sanitary wastes that pass through a

sewer system); and

B) Any mixture of domestic sewage and other waste that passes

through a sewer system to publicly-owned treatment works for

treatment.

2) Industrial wastewater discharges that are point source discharges with

303

National Pollutant Discharge Elimination System (NPDES) permits issued

by the Agency pursuant to Section 12(f) of the Environmental Protection

Act [415 ILCS 5/12(f)] and 35 Ill. Adm. Code 309.

BOARD NOTE: This exclusion applies only to the actual point source

discharge. It does not exclude industrial wastewaters while they are being

collected, stored, or treated before discharge, nor does it exclude sludges

that are generated by industrial wastewater treatment.

3) Irrigation return flows.

4) Source, by-product, or special nuclear material, as defined by section 11

of the Atomic Energy Act of 1954, as amended (42 USC 2014),

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

5) Materials subjected to in-situ mining techniques that are not removed from

the ground as part of the extraction process.

6) Pulping liquors (i.e., black liquors) that are reclaimed in a pulping liquor

recovery furnace and then reused in the pulping process, unless it is

accumulated speculatively, as defined in Section 721.101(c).

7) Spent sulfuric acid used to produce virgin sulfuric acid, unless it is

accumulated speculatively, as defined in Section 721.101(c).

8) Secondary materials that are reclaimed and returned to the original process

or processes in which they were generated, where they are reused in the

production process, provided that the following is true:

A) Only tank storage is involved, and the entire process through

completion of reclamation is closed by being entirely connected

with pipes or other comparable enclosed means of conveyance;

B) Reclamation does not involve controlled flame combustion (such

as occurs in boilers, industrial furnaces, or incinerators);

C) The secondary materials are never accumulated in such tanks for

over 12 months without being reclaimed; and

D) The reclaimed material is not used to produce a fuel or used to

produce products that are used in a manner constituting disposal.

9) Wood preserving wastes.

A) Spent wood preserving solutions that have been used and which

are reclaimed and reused for their original intended purpose;

304

B) Wastewaters from the wood preserving process that have been

reclaimed and which are reused to treat wood; and

C) Prior to reuse, the wood preserving wastewaters and spent wood

preserving solutions described in subsections (a)(9)(A) and

(a)(9)(B) of this Section, so long as they meet all of the following

conditions:

i) The wood preserving wastewaters and spent wood

preserving solutions are reused on-site at water-borne

plants in the production process for their original intended

purpose;

ii) Prior to reuse, the wastewaters and spent wood preserving

solutions are managed to prevent release to either land or

groundwater or both;

iii) Any unit used to manage wastewaters or spent wood

preserving solutions prior to reuse can be visually or

otherwise determined to prevent such releases;

iv) Any drip pad used to manage the wastewaters or spent

wood preserving solutions prior to reuse complies with the

standards in Subpart W of 35 Ill. Adm. Code 725,

regardless of whether the plant generates a total of less than

100 kg/month of hazardous waste; and

v) Prior to operating pursuant to this exclusion, the plant

owner or operator submits a one-time notification to the

Agency stating that the plant intends to claim the exclusion,

giving the date on which the plant intends to begin

operating under the exclusion, and containing the following

language: “I have read the applicable regulation

establishing an exclusion for wood preserving wastewaters

and spent wood preserving solutions and understand it

requires me to comply at all times with the conditions set

out in the regulation.” The plant must maintain a copy of

that document in its on-site records for a period of no less

than three years from the date specified in the notice. The

exclusion applies only so long as the plant meets all of the

conditions. If the plant goes out of compliance with any

condition, it may apply to the Agency for reinstatement.

The Agency must reinstate the exclusion in writing if it

finds that the plant has returned to compliance with all

conditions and that violations are not likely to recur. If the

305

Agency denies an application, it must transmit to the

applicant specific, detailed statements in writing as to the

reasons it denied the application. The applicant under this

subsection (a)(9)(C)(v) may appeal the Agency’s

determination to deny the reinstatement, to grant the

reinstatement with conditions, or to terminate a

reinstatement before the Board pursuant to Section 40 of

the Act [415 ILCS 5/40].

10) Hazardous waste numbers K060, K087, K141, K142, K143, K144, K145,

K147, and K148, and any wastes from the coke by-products processes that

are hazardous only because they exhibit the toxicity characteristic

specified in Section 721.124, when subsequent to generation these

materials are recycled to coke ovens, to the tar recovery process as a

feedstock to produce coal tar, or are mixed with coal tar prior to the tar’s

sale or refining. This exclusion is conditioned on there being no land

disposal of the waste from the point it is generated to the point it is

recycled to coke ovens, to tar recovery, to the tar refining processes, or

prior to when it is mixed with coal.

11) Nonwastewater splash condenser dross residue from the treatment of

hazardous waste number K061 in high temperature metals recovery units,

provided it is shipped in drums (if shipped) and not land disposed before

recovery.

12) Certain oil-bearing hazardous secondary materials and recovered oil, as

follows:

A) Oil-bearing hazardous secondary materials (i.e., sludges, by-

products, or spent materials) that are generated at a petroleum

refinery (standard industrial classification (SIC) code 2911) and

are inserted into the petroleum refining process (SIC code 2911:

including, but not limited to, distillation, catalytic cracking,

fractionation, or thermal cracking units (i.e., cokers)), unless the

material is placed on the land, or speculatively accumulated before

being so recycled. Materials inserted into thermal cracking units

are excluded under this subsection (a)(12), provided that the coke

product also does not exhibit a characteristic of hazardous waste.

Oil-bearing hazardous secondary materials may be inserted into

the same petroleum refinery where they are generated or sent

directly to another petroleum refinery and still be excluded under

this provision. Except as provided in subsection (a)(12)(B) of this

Section, oil-bearing hazardous secondary materials generated

elsewhere in the petroleum industry (i.e., from sources other than

petroleum refineries) are not excluded under this Section.

Residuals generated from processing or recycling materials

306

excluded under this subsection (a)(12)(A), where such materials as

generated would have otherwise met a listing under Subpart D of

this Part, are designated as USEPA hazardous waste number F037

listed wastes when disposed of or intended for disposal.

B) Recovered oil that is recycled in the same manner and with the

same conditions as described in subsection (a)(12)(A) of this

Section. Recovered oil is oil that has been reclaimed from

secondary materials (including wastewater) generated from normal

petroleum industry practices, including refining, exploration and

production, bulk storage, and transportation incident thereto (SIC

codes 1311, 1321, 1381, 1382, 1389, 2911, 4612, 4613, 4922,

4923, 4789, 5171, and 5172). Recovered oil does not include oil-

bearing hazardous wastes listed in Subpart D of this Part; however,

oil recovered from such wastes may be considered recovered oil.

Recovered oil does not include used oil, as defined in 35 Ill. Adm.

Code 739.100.

13) Excluded scrap metal (processed scrap metal, unprocessed home scrap

metal, and unprocessed prompt scrap metal) being recycled.

14) Shredded circuit boards being recycled, provided that they meet the

following conditions:

A) The circuit boards are stored in containers sufficient to prevent a

release to the environment prior to recovery; and

B) The circuit boards are free of mercury switches, mercury relays,

nickel-cadmium batteries, and lithium batteries.

15) Condensates derived from the overhead gases from kraft mill steam

strippers that are used to comply with federal Clean Air Act regulation 40

CFR 63.446(e). The exemption applies only to combustion at the mill

generating the condensates.

16) Comparable fuels or comparable syngas fuels (i.e., comparable or syngas

fuels) that meet the requirements of Section 721.138.

17) Spent materials (as defined in Section 721.101) (other than hazardous

wastes listed in Subpart D of this Part) generated within the primary

mineral processing industry from which minerals, acids, cyanide, water, or

other values are recovered by mineral processing or by benefication,

provided that the following is true:

A) The spent material is legitimately recycled to recover minerals,

acids, cyanide, water, or other values;

307

B) The spent material is not accumulated speculatively;

C) Except as provided in subsection (a)(17)(D) of this Section, the

spent material is stored in tanks, containers, or buildings that meet

the following minimum integrity standards: a building must be an

engineered structure with a floor, walls, and a roof all of which are

made of non-earthen materials providing structural support (except

that smelter buildings may have partially earthen floors, provided

that the spent material is stored on the non-earthen portion), and

have a roof suitable for diverting rainwater away from the

foundation; a tank must be free standing, not be a surface

impoundment (as defined in 35 Ill. Adm. Code 720.110), and be

manufactured of a material suitable for containment of its contents;

a container must be free standing and be manufactured of a

material suitable for containment of its contents. If a tank or

container contains any particulate that may be subject to wind

dispersal, the owner or operator must operate the unit in a manner

that controls fugitive dust. A tank, container, or building must be

designed, constructed, and operated to prevent significant releases

to the environment of these materials.

D) The Agency must allow by permit that solid mineral processing

spent materials only may be placed on pads, rather than in tanks,

containers, or buildings if the facility owner or operator can

demonstrate the following: the solid mineral processing secondary

materials do not contain any free liquid; the pads are designed,

constructed, and operated to prevent significant releases of the

spent material into the environment; and the pads provide the same

degree of containment afforded by the non-RCRA tanks,

containers, and buildings eligible for exclusion.

i) The Agency must also consider whether storage on pads

poses the potential for significant releases via groundwater,

surface water, and air exposure pathways. Factors to be

considered for assessing the groundwater, surface water,

and air exposure pathways must include the following: the

volume and physical and chemical properties of the spent

material, including its potential for migration off the pad;

the potential for human or environmental exposure to

hazardous constituents migrating from the pad via each

exposure pathway; and the possibility and extent of harm to

human and environmental receptors via each exposure

pathway.

ii) Pads must meet the following minimum standards: they

308

must be designed of non-earthen material that is compatible

with the chemical nature of the mineral processing spent

material; they must be capable of withstanding physical

stresses associated with placement and removal; they must

have runon and runoff controls; they must be operated in a

manner that controls fugitive dust; and they must have

integrity assurance through inspections and maintenance

programs.

iii) Before making a determination under this subsection

(a)(17)(D), the Agency must provide notice and the

opportunity for comment to all persons potentially

interested in the determination. This can be accomplished

by placing notice of this action in major local newspapers,

or broadcasting notice over local radio stations.

BOARD NOTE: See Subpart D of 35 Ill. Adm. Code 703

for the RCRA Subtitle C permit public notice requirements.

E) The owner or operator provides a notice to the Agency, providing

the following information: the types of materials to be recycled,

the type and location of the storage units and recycling processes,

and the annual quantities expected to be placed in non-land-based

units. This notification must be updated when there is a change in

the type of materials recycled or the location of the recycling

process.

F) For purposes of subsection (b)(7) of this Section, mineral

processing spent materials must be the result of mineral processing

and may not include any listed hazardous wastes. Listed

hazardous wastes and characteristic hazardous wastes generated by

non-mineral processing industries are not eligible for the

conditional exclusion from the definition of solid waste.

18) Petrochemical recovered oil from an associated organic chemical

manufacturing facility, where the oil is to be inserted into the petroleum

refining process (SIC code 2911) along with normal petroleum refinery

process streams, provided that both of the following conditions are true of

the oil:

A) The oil is hazardous only because it exhibits the characteristic of

ignitability (as defined in Section 721.121) or toxicity for benzene

(Section 721.124, USEPA hazardous waste code D018);

B) The oil generated by the organic chemical manufacturing facility is

not placed on the land, or speculatively accumulated before being

309

recycled into the petroleum refining process. An “associated

organic chemical manufacturing facility” is a facility for which all

of the following is true: its primary SIC code is 2869, but its

operations may also include SIC codes 2821, 2822, and 2865; it is

physically co-located with a petroleum refinery; and the petroleum

refinery to which the oil being recycled is returned also provides

hydrocarbon feedstocks to the organic chemical manufacturing

facility. “Petrochemical recovered oil” is oil that has been

reclaimed from secondary materials (i.e., sludges, by-products, or

spent materials, including wastewater) from normal organic

chemical manufacturing operations, as well as oil recovered from

organic chemical manufacturing processes.

19) Spent caustic solutions from petroleum refining liquid treating processes

used as a feedstock to produce cresylic or naphthenic acid, unless the

material is placed on the land or accumulated speculatively, as defined in

Section 721.101(c).

20) Hazardous secondary materials used to make zinc fertilizers, provided that

the following conditions are satisfied:

A) Hazardous secondary materials used to make zinc micronutrient

fertilizers must not be accumulated speculatively, as defined in

Section 721.101(c)(8).

B) A generator or intermediate handler of zinc-bearing hazardous

secondary materials that are to be incorporated into zinc fertilizers

must fulfill the following conditions:

i) It must submit a one-time notice to the Agency that

contains the name, address, and USEPA identification

number of the generator or intermediate handler facility,

that provides a brief description of the secondary material

that will be subject to the exclusion, and which identifies

when the manufacturer intends to begin managing excluded

zinc-bearing hazardous secondary materials under the

conditions specified in this subsection (a)(20).

ii) It must store the excluded secondary material in tanks,

containers, or buildings that are constructed and maintained

in a way which prevents releases of the secondary materials

into the environment. At a minimum, any building used for

this purpose must be an engineered structure made of non-

earthen materials that provide structural support, and it

must have a floor, walls, and a roof that prevent wind

dispersal and contact with rainwater. A tank used for this

310

purpose must be structurally sound and, if outdoors, it must

have a roof or cover that prevents contact with wind and

rain. A container used for this purpose must be kept

closed, except when it is necessary to add or remove

material, and it must be in sound condition. Containers that

are stored outdoors must be managed within storage areas

that fulfill the conditions of subsection (a)(20)(F) of this

Section:

iii) With each off-site shipment of excluded hazardous

secondary materials, it must provide written notice to the

receiving facility that the material is subject to the

conditions of this subsection (a)(20).

iv) It must maintain records at the generator’s or intermediate

handler’s facility for no less than three years of all

shipments of excluded hazardous secondary materials. For

each shipment these records must, at a minimum, contain

the information specified in subsection (a)(20)(G) of this

Section.

C) A manufacturer of zinc fertilizers or zinc fertilizer ingredients

made from excluded hazardous secondary materials must fulfill the

following conditions:

i) It must store excluded hazardous secondary materials in

accordance with the storage requirements for generators

and intermediate handlers, as specified in subsection

(a)(20)(B)(ii) of this Section.

ii) It must submit a one-time notification to the Agency that, at

a minimum, specifies the name, address, and USEPA

identification number of the manufacturing facility and

which identifies when the manufacturer intends to begin

managing excluded zinc-bearing hazardous secondary

materials under the conditions specified in this subsection

(a)(20).

iii) It must maintain for a minimum of three years records of

all shipments of excluded hazardous secondary materials

received by the manufacturer, which must at a minimum

identify for each shipment the name and address of the

generating facility, the name of transporter, and the date on

which the materials were received, the quantity received,

and a brief description of the industrial process that

generated the material.

311

iv) It must submit an annual report to the Agency that

identifies the total quantities of all excluded hazardous

secondary materials that were used to manufacture zinc

fertilizers or zinc fertilizer ingredients in the previous year,

the name and address of each generating facility, and the

industrial processes from which the hazardous secondary

materials were generated.

D) Nothing in this Section preempts, overrides, or otherwise negates

the provision in 35 Ill. Adm. Code 722.111 that requires any

person who generates a solid waste to determine if that waste is a

hazardous waste.

E) Interim status and permitted storage units that have been used to

store only zinc-bearing hazardous wastes prior to the submission

of the one-time notice described in subsection (a)(20)(B)(i) of this

Section, and that afterward will be used only to store hazardous

secondary materials excluded under this subsection (a)(20), are not

subject to the closure requirements of 35 Ill. Adm. Code 724 and

725.

F) A container used to store excluded secondary material must fulfill

the following conditions:

i) It must have containment structures or systems sufficiently

impervious to contain leaks, spills, and accumulated

precipitation;

ii) It must provide for effective drainage and removal of leaks,

spills, and accumulated precipitation; and

iii) It must prevent run-on into the containment system.

BOARD NOTE: Subsections (a)(20)(F)(i) through (a)(20)(F)(iii)

are derived from 40 CFR 261.4(a)(20)(ii)(B)(

) through

(a)(20)(ii)(B)(

). The Board added the preamble to these federal

paragraphs as subsection (a)(20)(F) to comport with Illinois

Administrative Code codification requirements.

G) Required records of shipments of excluded hazardous secondary

materials must, at a minimum, contain the following information:

i) The name of the transporter and date of the shipment;

ii) The name and address of the facility that received the

312

excluded material, along with documentation confirming

receipt of the shipment; and

iii) The type and quantity of excluded secondary material in

each shipment.

BOARD NOTE: Subsections (a)(20)(G)(i) through (a)(20)(G)(iii)

are derived from 40 CFR 261.4(a)(20)(ii)(D)(

) through

(a)(20)(ii)(D)(

). The Board added the preamble to these federal

paragraphs as subsection (a)(20)(G) to comport with Illinois

Administrative Code codification requirements.

21) Zinc fertilizers made from hazardous wastes or hazardous secondary

materials that are excluded under subsection (a)(20) of this Section,

provided that the following conditions are fulfilled:

A) The fertilizers meet the following contaminant limits:

i) For metal contaminants:

Constituent Maximum Allowable Total Concentration

in Fertilizer, per Unit (1%) of Zinc (ppm)

Arsenic 0.3

Cadmium 1.4

Chromium 0.6

Lead 2.8

Mercury 0.3

ii) For dioxin contaminants, the fertilizer must contain no

more than eight parts per trillion of dioxin, measured as

toxic equivalent (TEQ).

B) The manufacturer performs sampling and analysis of the fertilizer

product to determine compliance with the contaminant limits for

metals no less frequently than once every six months, and for

dioxins no less frequently than once every 12 months. Testing

must also be performed whenever changes occur to manufacturing

processes or ingredients that could significantly affect the amounts

of contaminants in the fertilizer product. The manufacturer may

use any reliable analytical method to demonstrate that no

constituent of concern is present in the product at concentrations

above the applicable limits. It is the responsibility of the

manufacturer to ensure that the sampling and analysis are

unbiased, precise, and representative of the products introduced

into commerce.

313

C) The manufacturer maintains for no less than three years records of

all sampling and analyses performed for purposes of determining

compliance with the requirements of subsection (a)(21)(B) of this

Section. Such records must at a minimum include the following:

i) The dates and times product samples were taken, and the

dates the samples were analyzed;

ii) The names and qualifications of the persons taking the

samples;

iii) A description of the methods and equipment used to take

the samples;

iv) The name and address of the laboratory facility at which

analyses of the samples were performed;

v) A description of the analytical methods used, including any

cleanup and sample preparation methods; and

vi) All laboratory analytical results used to determine

compliance with the contaminant limits specified in this

subsection (a)(21).

b) Solid wastes that are not hazardous wastes. The following solid wastes are not

hazardous wastes:

1) Household waste, including household waste that has been collected,

transported, stored, treated, disposed, recovered (e.g., refuse-derived fuel),

or reused. “Household waste” means any waste material (including

garbage, trash, and sanitary wastes in septic tanks) derived from

households (including single and multiple residences, hotels, and motels,

bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds,

and day-use recreation areas). A resource recovery facility managing

municipal solid waste must not be deemed to be treating, storing,

disposing of, or otherwise managing hazardous wastes for the purposes of

regulation under this Part, if the following describe the facility:

A) The facility receives and burns only the following waste:

i) Household waste (from single and multiple dwellings,

hotels, motels, and other residential sources); or

ii) Solid waste from commercial or industrial sources that

does not contain hazardous waste; and

314

B) The facility does not accept hazardous waste and the owner or

operator of such facility has established contractual requirements

or other appropriate notification or inspection procedures to assure

that hazardous wastes are not received at or burned in such facility.

BOARD NOTE: The U.S. Supreme Court determined, in City of Chicago

v. Environmental Defense Fund, Inc., 511 U.S. 328, 114 S. Ct. 1588, 128

L. Ed. 2d 302 (1994), that this exclusion and RCRA section 3001(i) (42

USC 6921(i)) do not exclude the ash from facilities covered by this

subsection (b)(1) from regulation as a hazardous waste. At 59 Fed. Reg.

29372 (June 7, 1994), USEPA granted facilities managing ash from such

facilities that is determined a hazardous waste under Subpart C of this Part

until December 7, 1994 to file a Part A permit application pursuant to 35

Ill. Adm. Code 703.181. At 60 Fed. Reg. 6666 (Feb. 3, 1995), USEPA

stated that it interpreted that the point at which ash becomes subject to

RCRA Subtitle C regulation is when that material leaves the combustion

building (including connected air pollution control equipment).

2) Solid wastes generated by any of the following that are returned to the soil

as fertilizers:

A) The growing and harvesting of agricultural crops, or

B) The raising of animals, including animal manures.

3) Mining overburden returned to the mine site.

4) Fly ash waste, bottom ash waste, slag waste, and flue gas emission control

waste generated primarily from the combustion of coal or other fossil

fuels, except as provided in 35 Ill. Adm. Code 726.212 for facilities that

burn or process hazardous waste.

5) Drilling fluids, produced waters, and other wastes associated with the

exploration, development, or production of crude oil, natural gas, or

geothermal energy.

6) Chromium wastes.

A) Wastes that fail the test for the toxicity characteristic (Section

721.124 and Appendix B to this Part) because chromium is present

or which are listed in Subpart D of this Part due to the presence of

chromium, that do not fail the test for the toxicity characteristic for

any other constituent or which are not listed due to the presence of

any other constituent, and that do not fail the test for any other

characteristic, if the waste generator shows the following:

315

i) The chromium in the waste is exclusively (or nearly

exclusively) trivalent chromium;

ii) The waste is generated from an industrial process that uses

trivalent chromium exclusively (or nearly exclusively) and

the process does not generate hexavalent chromium; and

iii) The waste is typically and frequently managed in non-

oxidizing environments.

B) The following are specific wastes that meet the standard in

subsection (b)(6)(A) of this Section (so long as they do not fail the

test for the toxicity characteristic for any other constituent and do

not exhibit any other characteristic):

i) Chrome (blue) trimmings generated by the following

subcategories of the leather tanning and finishing industry:

hair pulp/chrome tan/retan/wet finish, hair save/chrome

tan/retan/wet finish, retan/wet finish, no beamhouse,

through-the-blue, and shearling;

ii) Chrome (blue) shavings generated by the following

subcategories of the leather tanning and finishing industry:

hair pulp/chrome tan/retan/wet finish, hair save/chrome

tan/retan/wet finish, retan/wet finish, no beamhouse,

through-the-blue, and shearling;

iii) Buffing dust generated by the following subcategories of

the leather tanning and finishing industry: hair

pulp/chrome tan/retan/wet finish, hair save/chrome

tan/retan/wet finish, retan/wet finish, no beamhouse,

through-the-blue;

iv) Sewer screenings generated by the following subcategories

of the leather tanning and finishing industry: hair

pulp/chrome tan/retan/wet finish, hair save/chrome

tan/retan/wet finish, retan/wet finish, no beamhouse,

through-the-blue, and shearling;

v) Wastewater treatment sludges generated by the following

subcategories of the leather tanning and finishing industry:

hair pulp/chrome tan/retan/wet finish, hair save/chrome

tan/retan/wet finish, retan/wet finish, no beamhouse,

through-the-blue, and shearling;

vi) Wastewater treatment sludges generated by the following

316

subcategories of the leather tanning and finishing industry:

hair pulp/chrome tan/retan/wet finish, hair save/chrome

tan/retan/wet finish, and through-the-blue;

vii) Waste scrap leather from the leather tanning industry, the

shoe manufacturing industry, and other leather product

manufacturing industries; and

viii) Wastewater treatment sludges from the production of

titanium dioxide pigment using chromium-bearing ores by

the chloride process.

7) Solid waste from the extraction, beneficiation, and processing of ores and

minerals (including coal, phosphate rock, and overburden from the mining

of uranium ore), except as provided by 35 Ill. Adm. Code 726.212 for

facilities that burn or process hazardous waste.

A) For purposes of this subsection (b)(7), beneficiation of ores and

minerals is restricted to the following activities: crushing;

grinding; washing; dissolution; crystallization; filtration; sorting;

sizing; drying; sintering; pelletizing; briquetting; calcining to

remove water or carbon dioxide; roasting; autoclaving or

chlorination in preparation for leaching (except where the roasting

(or autoclaving or chlorination) and leaching sequence produces a

final or intermediate product that does not undergo further

beneficiation or processing); gravity concentration; magnetic

separation; electrostatic separation; floatation; ion exchange;

solvent extraction; electrowinning; precipitation; amalgamation;

and heap, dump, vat tank, and in situ leaching.

B) For the purposes of this subsection (b)(7), solid waste from the

processing of ores and minerals includes only the following wastes

as generated:

i) Slag from primary copper processing;

ii) Slag from primary lead processing;

iii) Red and brown muds from bauxite refining;

iv) Phosphogypsum from phosphoric acid production;

v) Slag from elemental phosphorus production;

vi) Gasifier ash from coal gasification;

317

vii) Process wastewater from coal gasification;

viii) Calcium sulfate wastewater treatment plant sludge from

primary copper processing;

ix) Slag tailings from primary copper processing;

x) Fluorogypsum from hydrofluoric acid production;

xi) Process wastewater from hydrofluoric acid production;

xii) Air pollution control dust or sludge from iron blast

furnaces;

xiii) Iron blast furnace slag;

xiv) Treated residue from roasting and leaching of chrome ore;

xv) Process wastewater from primary magnesium processing

by the anhydrous process;

xvi) Process wastewater from phosphoric acid production;

xvii) Basic oxygen furnace and open hearth furnace air pollution

control dust or sludge from carbon steel production;

xviii) Basic oxygen furnace and open hearth furnace slag from

carbon steel production;

xix) Chloride processing waste solids from titanium

tetrachloride production; and

xx) Slag from primary zinc production.

C) A residue derived from co-processing mineral processing

secondary materials with normal beneficiation raw materials or

with normal mineral processing raw materials remains excluded

under this subsection (b) if the following conditions are fulfilled:

i) The owner or operator processes at least 50 percent by

weight normal beneficiation raw materials or normal

mineral processing raw materials; and

ii) The owner or operator legitimately reclaims the secondary

mineral processing materials.

318

8) Cement kiln dust waste, except as provided by 35 Ill. Adm. Code 726.212

for facilities that burn or process hazardous waste.

9) Solid waste that consists of discarded arsenical-treated wood or wood

products that fails the test for the toxicity characteristic for hazardous

waste codes D004 through D017 and which is not a hazardous waste for

any other reason if the waste is generated by persons that utilize the

arsenical-treated wood and wood products for these materials’ intended

end use.

10) Petroleum-contaminated media and debris that fail the test for the toxicity

characteristic of Section 721.124 (hazardous waste codes D018 through

D043 only) and which are subject to corrective action regulations under

35 Ill. Adm. Code 731.

11) This subsection (b)(11) corresponds with 40 CFR 261.4(b)(11), which

expired by its own terms on January 25, 1993. This statement maintains

structural parity with USEPA regulations.

12) Used chlorofluorocarbon refrigerants from totally enclosed heat transfer

equipment, including mobile air conditioning systems, mobile

refrigeration, and commercial and industrial air conditioning and

refrigeration systems, that use chlorofluorocarbons as the heat transfer

fluid in a refrigeration cycle, provided the refrigerant is reclaimed for

further use.

13) Non-terne plated used oil filters that are not mixed with wastes listed in

Subpart D of this Part, if these oil filters have been gravity hot-drained

using one of the following methods:

A) Puncturing the filter anti-drain back valve or the filter dome end

and hot-draining;

B) Hot-draining and crushing;

C) Dismantling and hot-draining; or

D) Any other equivalent hot-draining method that will remove used

oil.

14) Used oil re-refining distillation bottoms that are used as feedstock to

manufacture asphalt products.

15) Leachate or gas condensate collected from landfills where certain solid

wastes have been disposed of, under the following circumstances:

319

A) The following conditions must be fulfilled:

i) The solid wastes disposed of would meet one or more of

the listing descriptions for the following USEPA hazardous

waste numbers that are generated after the effective date

listed for the waste:

USEPA Hazardous Waste

Numbers

Listing Effective

Date

K169, K170, K171, and K172

February 8, 1999

K174 and K175

May 7, 2001

K176, K177, and K178 May 20, 2002

K181 August 23, 2005

ii) The solid wastes described in subsection (b)(15)(A)(i) of

this Section were disposed of prior to the effective date of

the listing (as set forth in that subsection);

iii) The leachate or gas condensate does not exhibit any

characteristic of hazardous waste nor is derived from any

other listed hazardous waste; and

iv) Discharge of the leachate or gas condensate, including

leachate or gas condensate transferred from the landfill to a

POTW by truck, rail, or dedicated pipe, is subject to

regulation under section 307(b) or 402 of the federal Clean

Water Act.

B) Leachate or gas condensate derived from K169, K170, K171,

K172, K176, K177, or K178 waste will no longer be exempt if it is

stored or managed in a surface impoundment prior to discharge.

After February 26, 2007, leachate or gas condensate derived from

K181 waste will no longer be exempt if it is stored or managed in a

surface impoundment prior to discharge. There is one exception:

if the surface impoundment is used to temporarily store leachate or

gas condensate in response to an emergency situation (e.g.,

shutdown of wastewater treatment system), provided the

impoundment has a double liner, and provided the leachate or gas

condensate is removed from the impoundment and continues to be

managed in compliance with the conditions of this subsection

(b)(15) after the emergency ends.

320

c) Hazardous wastes that are exempted from certain regulations. A hazardous waste

that is generated in a product or raw material storage tank, a product or raw

material transport vehicle or vessel, a product or raw material pipeline, or in a

manufacturing process unit, or an associated non-waste-treatment manufacturing

unit, is not subject to regulation under 35 Ill. Adm. Code 702, 703, and 722

through 725, and 728 or to the notification requirements of section 3010 of RCRA

until it exits the unit in which it was generated, unless the unit is a surface

impoundment, or unless the hazardous waste remains in the unit more than 90

days after the unit ceases to be operated for manufacturing or for storage or

transportation of product or raw materials.

d) Samples.

1) Except as provided in subsection (d)(2) of this Section, a sample of solid

waste or a sample of water, soil, or air that is collected for the sole

purpose of testing to determine its characteristics or composition is not

subject to any requirements of this Part or 35 Ill. Adm. Code 702, 703, and

722 through 726, and 728. The sample qualifies when it fulfills one of the

following conditions:

A) The sample is being transported to a laboratory for the purpose of

testing;

B) The sample is being transported back to the sample collector after

testing;

C) The sample is being stored by the sample collector before transport

to a laboratory for testing;

D) The sample is being stored in a laboratory before testing;

E) The sample is being stored in a laboratory for testing but before it

is returned to the sample collector; or

F) The sample is being stored temporarily in the laboratory after

testing for a specific purpose (for example, until conclusion of a

court case or enforcement action where further testing of the

sample may be necessary).

2) In order to qualify for the exemption in subsection (d)(1)(A) or (d)(1)(B)

of this Section, a sample collector shipping samples to a laboratory and a

laboratory returning samples to a sample collector must do the following:

A) Comply with U.S. Department of Transportation (USDOT), U.S.

Postal Service (USPS), or any other applicable shipping

requirements; or

321

B) Comply with the following requirements if the sample collector

determines that USDOT, USPS, or other shipping requirements do

not apply to the shipment of the sample:

i) Assure that the following information accompanies the

sample: The sample collector’s name, mailing address, and

telephone number; the laboratory’s name, mailing address,

and telephone number; the quantity of the sample; the date

of the shipment; and a description of the sample; and

ii) Package the sample so that it does not leak, spill, or

vaporize from its packaging.

3) This exemption does not apply if the laboratory determines that the waste

is hazardous but the laboratory is no longer meeting any of the conditions

stated in subsection (d)(1) of this Section.

e) Treatability study samples.

1) Except as is provided in subsection (e)(2) of this Section, a person that

generates or collects samples for the purpose of conducting treatability

studies, as defined in 35 Ill. Adm. Code 720.110, are not subject to any

requirement of 35 Ill. Adm. Code 721 through 723 or to the notification

requirements of section 3010 of the Resource Conservation and Recovery

Act. Nor are such samples included in the quantity determinations of

Section 721.105 and 35 Ill. Adm. Code 722.134(d) when:

A) The sample is being collected and prepared for transportation by

the generator or sample collector;

B) The sample is being accumulated or stored by the generator or

sample collector prior to transportation to a laboratory or testing

facility; or

C) The sample is being transported to the laboratory or testing facility

for the purpose of conducting a treatability study.

2) The exemption in subsection (e)(1) of this Section is applicable to samples

of hazardous waste being collected and shipped for the purpose of

conducting treatability studies provided that the following conditions are

fulfilled:

A) The generator or sample collector uses (in “treatability studies”) no

more than 10,000 kg of media contaminated with non-acute

hazardous waste, 1,000 kg of non-acute hazardous waste other than

322

contaminated media, 1 kg of acute hazardous waste, or 2,500 kg of

media contaminated with acute hazardous waste for each process

being evaluated for each generated waste stream;

B) The mass of each shipment does not exceed 10,000 kg; the 10,000

kg quantity may be all media contaminated with non-acute

hazardous waste, or may include 2,500 kg of media contaminated

with acute hazardous waste, 1,000 kg of hazardous waste, and 1 kg

of acute hazardous waste;

C) The sample must be packaged so that it does not leak, spill, or

vaporize from its packaging during shipment and the requirements

of subsection (e)(2)(C)(i) or (e)(2)(C)(ii) of this Section are met.

i) The transportation of each sample shipment complies with

U.S. Department of Transportation (USDOT), U.S. Postal

Service (USPS), or any other applicable shipping

requirements; or

ii) If the USDOT, USPS, or other shipping requirements do

not apply to the shipment of the sample, the following

information must accompany the sample: The name,

mailing address, and telephone number of the originator of

the sample; the name, address, and telephone number of the

facility that will perform the treatability study; the quantity

of the sample; the date of the shipment; and, a description

of the sample, including its USEPA hazardous waste

number;

D) The sample is shipped to a laboratory or testing facility that is

exempt under subsection (f) of this Section, or has an appropriate

RCRA permit or interim status;

E) The generator or sample collector maintains the following records

for a period ending three years after completion of the treatability

study:

i) Copies of the shipping documents;

ii) A copy of the contract with the facility conducting the

treatability study; and

iii) Documentation showing the following: The amount of

waste shipped under this exemption; the name, address, and

USEPA identification number of the laboratory or testing

facility that received the waste; the date the shipment was

323

made; and whether or not unused samples and residues

were returned to the generator; and

F) The generator reports the information required in subsection

(e)(2)(E)(iii) of this Section in its report under 35 Ill. Adm. Code

722.141.

3) The Agency may grant requests on a case-by-case basis for up to an

additional two years for treatability studies involving bioremediation. The

Agency may grant requests, on a case-by-case basis, for quantity limits in

excess of those specified in subsections (e)(2)(A), (e)(2)(B), and (f)(4) of

this Section, for up to an additional 5,000 kg of media contaminated with

non-acute hazardous waste, 500 kg of non-acute hazardous waste, 2,500

kg of media contaminated with acute hazardous waste, and 1 kg of acute

hazardous waste under the circumstances set forth in either subsection

(e)(3)(A) or (e)(3)(B) of this Section, subject to the limitations of

subsection (e)(3)(C) of this Section:

A) In response to requests for authorization to ship, store, and conduct

further treatability studies on additional quantities in advance of

commencing treatability studies. Factors to be considered in

reviewing such requests include the nature of the technology, the

type of process (e.g., batch versus continuous), the size of the unit

undergoing testing (particularly in relation to scale-up

considerations), the time or quantity of material required to reach

steady-state operating conditions, or test design considerations,

such as mass balance calculations.

B) In response to requests for authorization to ship, store, and conduct

treatability studies on additional quantities after initiation or

completion of initial treatability studies when the following

occurs: There has been an equipment or mechanical failure during

the conduct of the treatability study, there is need to verify the

results of a previously-conducted treatability study, there is a need

to study and analyze alternative techniques within a previously-

evaluated treatment process, or there is a need to do further

evaluation of an ongoing treatability study to determine final

specifications for treatment.

C) The additional quantities allowed and timeframes allowed in

subsections (e)(3)(A) and (e)(3)(B) of this Section are subject to all

the provisions in subsections (e)(1) and (e)(2)(B) through (e)(2)(F)

of this Section. The generator or sample collector must apply to

the Agency and provide in writing the following information:

i) The reason why the generator or sample collector requires

324

additional time or quantity of sample for the treatability

study evaluation and the additional time or quantity

needed;

ii) Documentation accounting for all samples of hazardous

waste from the waste stream that have been sent for or

undergone treatability studies, including the date each

previous sample from the waste stream was shipped, the

quantity of each previous shipment, the laboratory or

testing facility to which it was shipped, what treatability

study processes were conducted on each sample shipped,

and the available results of each treatability study;

iii) A description of the technical modifications or change in

specifications that will be evaluated and the expected

results;

iv) If such further study is being required due to equipment or

mechanical failure, the applicant must include information

regarding the reason for the failure or breakdown and also

include what procedures or equipment improvements have

been made to protect against further breakdowns; and

v) Such other information as the Agency determines is

necessary.

4) Final Agency determinations pursuant to this subsection (e) may be

appealed to the Board.

f) Samples undergoing treatability studies at laboratories or testing facilities.

Samples undergoing treatability studies and the laboratory or testing facility

conducting such treatability studies (to the extent such facilities are not otherwise

subject to RCRA requirements) are not subject to any requirement of this Part, or

of 35 Ill. Adm. Code 702, 703, 722 through 726, and 728 or to the notification

requirements of Section 3010 of the Resource Conservation and Recovery Act,

provided that the requirements of subsections (f)(1) through (f)(11) of this Section

are met. A mobile treatment unit may qualify as a testing facility subject to

subsections (f)(1) through (f)(11) of this Section. Where a group of mobile

treatment units are located at the same site, the limitations specified in

subsections (f)(1) through (f)(11) of this Section apply to the entire group of

mobile treatment units collectively as if the group were one mobile treatment unit.

1) No less than 45 days before conducting treatability studies, the facility

notifies the Agency in writing that it intends to conduct treatability studies

under this subsection (f).

325

2) The laboratory or testing facility conducting the treatability study has a

USEPA identification number.

3) No more than a total of 10,000 kg of “as received” media contaminated

with non-acute hazardous waste, 2,500 kg of media contaminated with

acute hazardous waste, or 250 kg of other “as received” hazardous waste

is subject to initiation of treatment in all treatability studies in any single

day. “As received” waste refers to the waste as received in the shipment

from the generator or sample collector.

4) The quantity of “as received” hazardous waste stored at the facility for the

purpose of evaluation in treatability studies does not exceed 10,000 kg, the

total of which can include 10,000 kg of media contaminated with non-

acute hazardous waste, 2,500 kg of media contaminated with acute

hazardous waste, 1,000 kg of non-acute hazardous wastes other than

contaminated media, and 1 kg of acute hazardous waste. This quantity

limitation does not include treatment materials (including non-hazardous

solid waste) added to “as received” hazardous waste.

5) No more than 90 days have elapsed since the treatability study for the

sample was completed, or no more than one year (two years for

treatability studies involving bioremediation) has elapsed since the

generator or sample collector shipped the sample to the laboratory or

testing facility, whichever date first occurs. Up to 500 kg of treated

material from a particular waste stream from treatability studies may be

archived for future evaluation up to five years from the date of initial

receipt. Quantities of materials archived are counted against the total

storage limit for the facility.

6) The treatability study does not involve the placement of hazardous waste

on the land or open burning of hazardous waste.

7) The facility maintains records for three years following completion of

each study that show compliance with the treatment rate limits and the

storage time and quantity limits. The following specific information must

be included for each treatability study conducted:

A) The name, address, and USEPA identification number of the

generator or sample collector of each waste sample;

B) The date the shipment was received;

C) The quantity of waste accepted;

D) The quantity of “as received” waste in storage each day;

326

E) The date the treatment study was initiated and the amount of “as

received” waste introduced to treatment each day;

F) The date the treatability study was concluded;

G) The date any unused sample or residues generated from the

treatability study were returned to the generator or sample

collector or, if sent to a designated facility, the name of the facility

and the USEPA identification number.

8) The facility keeps, on-site, a copy of the treatability study contract and all

shipping papers associated with the transport of treatability study samples

to and from the facility for a period ending three years from the

completion date of each treatability study.

9) The facility prepares and submits a report to the Agency by March 15 of

each year that estimates the number of studies and the amount of waste

expected to be used in treatability studies during the current year, and

includes the following information for the previous calendar year:

A) The name, address, and USEPA identification number of the

facility conducting the treatability studies;

B) The types (by process) of treatability studies conducted;

C) The names and addresses of persons for whom studies have been

conducted (including their USEPA identification numbers);

D) The total quantity of waste in storage each day;

E) The quantity and types of waste subjected to treatability studies;

F) When each treatability study was conducted; and

G) The final disposition of residues and unused sample from each

treatability study.

10) The facility determines whether any unused sample or residues generated

by the treatability study are hazardous waste under Section 721.103 and, if

so, are subject to 35 Ill. Adm. Code 702, 703, and 721 through 728, unless

the residues and unused samples are returned to the sample originator

under the exemption of subsection (e) of this Section.

11) The facility notifies the Agency by letter when the facility is no longer

planning to conduct any treatability studies at the site.

327

g) Dredged material that is not a hazardous waste. Dredged material that is subject to

the requirements of a permit that has been issued under section 404 of the Federal

Water Pollution Control Act (33 USC 1344) is not a hazardous waste. For the

purposes of this subsection (g), the following definitions apply:

“Dredged material” has the meaning ascribed it in 40 CFR 232.2

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

“Permit” means any of the following:

A permit issued by the U.S. Army Corps of Engineers (Army Corps)

under section 404 of the Federal Water Pollution Control Act (33

USC 1344);

A permit issued by the Army Corps under section 103 of the Marine

Protection, Research, and Sanctuaries Act of 1972 (33 USC 1413);

In the case of Army Corps civil works projects, the administrative

equivalent of the permits referred to in the preceding two paragraphs

of this definition, as provided for in Army Corps regulations (for

example, see 33 CFR 336.1, 336.2, and 337.6).

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

Section 721.105 Special Requirements for Hazardous Waste Generated by Small Quantity

Generators

a) A generator is a conditionally exempt small quantity generator in a calendar

month if it generates no more than 100 kilograms of hazardous waste in that

month.

b) Except for those wastes identified in subsections (e), (f), (g), and (j) of this

Section, a conditionally exempt small quantity generator’s hazardous wastes are

not subject to regulation under 35 Ill. Adm. Code 702, 703, and 722 through 726,

and 728, and the notification requirements of section 3010 of Resource

Conservation and Recovery Act, provided the generator complies with the

requirements of subsections (f), (g), and (j) of this Section.

c) When making the quantity determinations of this Part and 35 Ill. Adm. Code 722,

the generator must include all hazardous waste that it generates, except the

following hazardous waste:

1) Hazardous waste that is exempt from regulation under Section 721.104(c)

through (f), 721.106(a)(3), 721.107(a)(1), or 721.108;

328

2) Hazardous waste that is managed immediately upon generation only in on-

site elementary neutralization units, wastewater treatment units, or totally

enclosed treatment facilities, as defined in 35 Ill. Adm. Code 720.110;

3) Hazardous waste that is recycled, without prior storage or accumulation,

only in an on-site process subject to regulation under Section

721.106(c)(2);

4) Hazardous waste that is used oil managed under the requirements of

Section 721.106(a)(4) and 35 Ill. Adm. Code 739;

5) Hazardous waste that is spent lead-acid batteries managed under the

requirements of Subpart G of 35 Ill. Adm. Code 726; and

6) Hazardous waste that is universal waste managed under Section 721.109

and 35 Ill. Adm. Code 733.

d) In determining the quantity of hazardous waste it generates, a generator need not

include the following:

1) Hazardous waste when it is removed from on-site storage;

2) Hazardous waste produced by on-site treatment (including reclamation) of

its hazardous waste so long as the hazardous waste that is treated was

counted once;

3) Spent materials that are generated, reclaimed, and subsequently reused on-

site, so long as such spent materials have been counted once.

e) If a generator generates acute hazardous waste in a calendar month in quantities

greater than those set forth in subsections (e)(1) and (e)(2) of this Section, all

quantities of that acute hazardous waste are subject to full regulation under 35 Ill.

Adm. Code 702, 703, and 722 through 726, and 728, and the notification

requirements of section 3010 of the Resource Conservation and Recovery Act.

1) A total of one kilogram of one or more of the acute hazardous wastes

listed in Section 721.131, 721.132, or 721.133(e); or

2) A total of 100 kilograms of any residue or contaminated soil, waste, or

other debris resulting from the clean-up of a spill, into or on any land or

water, of any one or more of the acute hazardous wastes listed in Section

721.131, 721.132, or 721.133(e).

BOARD NOTE: “Full regulation” means those regulations applicable to

generators of greater than 1,000 kg of non-acute hazardous waste in a calendar

month.

329

f) In order for acute hazardous wastes generated by a generator of acute hazardous

wastes in quantities equal to or less than those set forth in subsection (e)(1) or

(e)(2) of this Section to be excluded from full regulation under this Section, the

generator must comply with the following requirements:

1) 35 Ill. Adm. Code 722.111.

2) The generator may accumulate acute hazardous waste on-site. If the

generator accumulates at any time acute hazardous wastes in quantities

greater than set forth in subsection (e)(1) or (e)(2) of this Section, all of

those accumulated wastes are subject to regulation under 35 Ill. Adm.

Code 702, 703, and 722 through 726, and 728, and the applicable

notification requirements of section 3010 of the Resource Conservation

and Recovery Act. The time period of 35 Ill. Adm. Code 722.134(a), for

accumulation of wastes on-site, begins when the accumulated wastes

exceed the applicable exclusion limit.

3) A conditionally exempt small quantity generator may either treat or

dispose of its acute hazardous waste in an on-site facility or ensure

delivery to an off-site treatment, storage, or disposal facility, any of

which, if located in the United States, meets any of the following

conditions:

A) The facility is permitted under 35 Ill. Adm. Code 702 and 703;

B) The facility has interim status under 35 Ill. Adm. Code 702, 703,

and 725;

C) The facility is authorized to manage hazardous waste by a state

with a hazardous waste management program approved by USEPA

pursuant to 40 CFR 271;

D) The facility is permitted, licensed, or registered by a state to

manage municipal solid waste and, if managed in a municipal solid

waste landfill facility, the landfill is subject to 35 Ill. Adm. Code

810 through 814 or federal 40 CFR 258;

E) The facility is permitted, licensed, or registered by a state to

manage non-municipal non-hazardous waste and, if managed in a

non-municipal non-hazardous waste disposal unit, the unit is

subject to the requirements of federal 40 CFR 257.5 through

257.30;

BOARD NOTE: The Illinois non-hazardous waste landfill

regulations, 35 Ill. Adm. Code 810 through 814, do not allow the

330

disposal of hazardous waste in a landfill regulated under those

rules. The Board intends that subsections (f)(3)(D) and (f)(3)(E)

of this Section impose a federal requirement on the hazardous

waste generator. The Board specifically does not intend that these

subsections authorize any disposal of conditionally-exempt small

quantity generator waste in a landfill not specifically permitted to

accept the particular hazardous waste.

F) The facility is one that fulfills one of the following conditions:

i) It beneficially uses or reuses or legitimately recycles or

reclaims its waste; or

ii) It treats its waste prior to beneficial use or reuse or

legitimate recycling or reclamation; or

G) For universal waste managed under 35 Ill. Adm. Code 733 or

federal 40 CFR 273, the facility is a universal waste handler or

destination facility subject to the requirements of 35 Ill. Adm.

Code 733 or federal 40 CFR 273.

g) In order for hazardous waste generated by a conditionally exempt small quantity

generator in quantities of less than 100 kilograms of hazardous waste during a

calendar month to be excluded from full regulation under this Section, the

generator must comply with the following requirements:

1) 35 Ill. Adm. Code 722.111;

2) The conditionally exempt small quantity generator may accumulate

hazardous waste on-site. If it accumulates at any time more than a total of

1,000 kilograms of the generator’s hazardous waste, all of those

accumulated wastes are subject to regulation under the special provisions

of 35 Ill. Adm. Code 722 applicable to generators of between 100 kg and

1,000 kg of hazardous waste in a calendar month, as well as the

requirements of 35 Ill. Adm. Code 702, 703, and 723 through 726, and

728, and the applicable notification requirements of Section 3010 of the

Resource Conservation and Recovery Act. The time period of 35 Ill.

Adm. Code 722.134(d) for accumulation of wastes on-site begins for a

small quantity generator when the accumulated wastes exceed 1,000

kilograms;

3) A conditionally exempt small quantity generator may either treat or

dispose of its hazardous waste in an on-site facility or ensure delivery to

an off-site treatment, storage, or disposal facility, any of which, if located

in the United States, meets any of the following conditions:

331

A) The facility is permitted under 35 Ill. Adm. Code 702 and 703;

B) The facility has interim status under 35 Ill. Adm. Code 702, 703,

and 725;

C) The facility is authorized to manage hazardous waste by a state

with a hazardous waste management program approved by USEPA

pursuant to 40 CFR 271;

D) The facility is permitted, licensed, or registered by a state to

manage municipal solid waste and, if managed in a municipal solid

waste landfill facility, the landfill is subject to 35 Ill. Adm. Code

810 through 814 or federal 40 CFR 258;

E) The facility is permitted, licensed, or registered by a state to

manage non-municipal non-hazardous waste and, if managed in a

non-municipal non-hazardous waste disposal unit, the unit is

subject to the requirements of federal 40 CFR 257.5 through

257.30;

BOARD NOTE: The Illinois non-hazardous waste landfill

regulations, 35 Ill. Adm. Code 810 through 814, do not allow the

disposal of hazardous waste in a landfill regulated under those

rules. The Board intends that subsections (g)(3)(D) and (g)(3)(E)

of this Section impose a federal requirement on the hazardous

waste generator. The Board specifically does not intend that these

subsections authorize any disposal of conditionally-exempt small

quantity generator waste in a landfill not specifically permitted to

accept the particular hazardous waste.

F) The facility is one that fulfills the following conditions:

i) It beneficially uses or re-uses, or legitimately recycles or

reclaims the small quantity generator’s waste; or

ii) It treats its waste prior to beneficial use or re-use or

legitimate recycling or reclamation; or

G) For universal waste managed under 35 Ill. Adm. Code 733 or

federal 40 CFR 273, the facility is a universal waste handler or

destination facility subject to the requirements of 35 Ill. Adm.

Code 733 or federal 40 CFR 273.

h) Hazardous waste subject to the reduced requirements of this Section may be

mixed with non-hazardous waste and remain subject to these reduced

requirements even though the resultant mixture exceeds the quantity limitations

332

identified in this Section, unless the mixture meets any of the characteristics of

hazardous wastes identified in Subpart C of this Part.

i) If a small quantity generator mixes a solid waste with a hazardous waste that

exceeds a quantity exclusion level of this Section, the mixture is subject to full

regulation.

j) If a conditionally exempt small quantity generator’s hazardous wastes are mixed

with used oil, the mixture is subject to 35 Ill. Adm. Code 739. Any material

produced from such a mixture by processing, blending, or other treatment is also

so regulated.

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

Section 721.107 Residues of Hazardous Waste in Empty Containers

a) Applicability of rules.

1) Any hazardous waste remaining in either an empty container or an inner

liner removed from an empty container, as defined in subsection (b) of this

Section, is not subject to regulation under 35 Ill. Adm. Code 702, 703, or

721 through 725, or 728, or to the notification requirements of Section

3010 of the Resource Conservation and Recovery Act.

2) Any hazardous waste in either a container that is not empty or an inner

liner that is removed from a container that is not empty, as defined in

subsection (b) of this Section, is subject to regulations under 35 Ill. Adm.

Code 702, 703, and 721 through 725, and 728 and to the notification

requirements of Section 3010 of the Resource Conservation and Recovery

Act.

b) Definition of “empty”:

1) A container or an inner liner removed from a container that has held any

hazardous waste, except a waste that is a compressed gas or that is

identified as an acute hazardous waste listed in Sections 721.131, 721.132,

or 721.133(e), is empty if the conditions of subsections (b)(1)(A) and

(b)(1)(B) of this Section exist, subject to the limitations of subsection

(b)(1)(C) of this Section:

A) All wastes have been removed that can be removed using the

practices commonly employed to remove materials from that type

of container, e.g., pouring, pumping, and aspirating, and

B) No more than 2.5 centimeters (one inch) of residue remain on the

bottom of the container or inner liner, or

333

C) Weight limits.

i) No more than three percent by weight of the total capacity

of the container remains in the container or inner liner if

the container is less than or equal to 110 gallons (416 liters)

in size, until September 5, 2006, or 119 gallons (450 liters)

in size, effective September 5, 2006; or

ii) No more than 0.3 percent by weight of the total capacity of

the container remains in the container or inner liner if the

container is greater than 110 gallons (416 liters) in size,

until September 5, 2006, or 119 gallons (450 liters) in size,

effective September 5, 2006.

2) A container that has held a hazardous waste that is a compressed gas is

empty when the pressure in the container approaches ambient atmospheric

pressure.

3) A container or an inner liner removed from a container that has held an

acute hazardous waste listed in Section 721.131, 721.132, or 721.133(e) is

empty if any of the following occurs:

A) The container or inner liner has been triple rinsed using a solvent

capable of removing the commercial chemical product or

manufacturing chemical intermediate;

B) The container or inner liner has been cleaned by another method

that has been shown in the scientific literature, or by tests

conducted by the generator, to achieve equivalent removal; or

C) In the case of a container, the inner liner that prevented contact of

the commercial chemical product or manufacturing chemical

intermediate with the container has been removed.

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

Section 721.108 PCB Wastes Regulated under TSCA

Polychlorinatedbiphenyl-(PCB-)containing dielectric fluid and electric equipment containing

such fluid are exempt from regulation under 35 Ill. Adm. Code 702, 703, and 721 through 725,

and 728, and from the notification requirements of Section 3010 of the Resource Conservation

and Recovery Act if the following conditions are fulfilled with regard to the fluid:

a) The fluid is authorized for use and regulated pursuant to federal 40 CFR 761; and

334

b) The fluid is hazardous only because it fails the test for toxicity characteristic

(hazardous waste codes D018 through D043 only).

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

Section 721.109 Requirements for Universal Waste

The wastes listed in this Section are exempt from regulation under 35 Ill. Adm. Code 702, 703,

722 through 726, and 728, except as specified in 35 Ill. Adm. Code 733, and are therefore not

fully regulated as hazardous waste. The following wastes are subject to regulation under 35 Ill.

Adm. Code 733:

a) Batteries, as described in 35 Ill. Adm. Code 733.102;

b) Pesticides, as described in 35 Ill. Adm. Code 733.103;

c) Thermostats,

Mercury-containing equipment, as described in 35 Ill. Adm. Code

733.104; and

d) 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: Subsection (e) of this Section 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] (See

P.A. 93-964, effective August 20, 2004).

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

SUBPART B: CRITERIA FOR IDENTIFYING THE CHARACTERISTICS OF

HAZARDOUS WASTE AND FOR LISTING HAZARDOUS WASTES

SUBPART C: CHARACTERISTICS OF HAZARDOUS WASTE

Section 721.120 General

a) A solid waste, as defined in Section 721.102, which is not excluded from

regulation as a hazardous waste under Section 721.104(b), is a hazardous waste if

it exhibits any of the characteristics identified in this Subpart C.

BOARD NOTE: 35 Ill. Adm. Code 722.111 sets forth the generator’s

responsibility to determine whether the generator’s waste exhibits one or more

characteristics identified in this Subpart C.

b) A hazardous waste that is identified by a characteristic in this Subpart C is

assigned every USEPA hazardous waste number that is applicable as set forth in

335

this Subpart C. This number must be used in complying with the notification

requirements of Section 3010 of the Resource Conservation and Recovery Act (42

USC 6910) and all applicable recordkeeping and reporting requirements under 35

Ill. Adm. Code 702, 703, and 722 through 726 and 728.

c) For purposes of this Subpart C, a sample obtained using any of the applicable

sampling methods specified in Appendix A of this Part is a representative sample

within the meaning of 35 Ill. Adm. Code 720.

BOARD NOTE: Since the Appendix A sampling methods are not being formally

adopted, a person who desires to employ an alternative sampling method is not

required to demonstrate the equivalency of the person’s method under the

procedures set forth in 35 Ill. Adm. Code 720.121.

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

SUBPART D: LISTS OF HAZARDOUS WASTE

Section 721.130 General

a) A solid waste is a hazardous waste if it is listed in this Subpart D, unless it has

been excluded from this list pursuant to 35 Ill. Adm. Code 720.120 and 720.122.

b) The basis for listing the classes or types of wastes listed in this Subpart D is

indicated by employing one or more of the following hazard codes:

1) Hazard Codes.

A) Ignitable waste (I)

B) Corrosive waste (C)

C) Reactive waste (R)

D) Toxicity Characteristic waste (E)

E) Acute hazardous waste (H)

F) Toxic waste (T)

2) Appendix G of this Part identifies the constituent that caused the

Administrator to list the waste as a toxicity characteristic waste (E) or

toxic waste (T) in Sections 721.131 and 721.132.

c) Each hazardous waste listed in this Subpart D is assigned a USEPA hazardous

waste number that precedes the name of the waste. This number must be used in

336

complying with the federal notification requirements of section 3010 of RCRA

(42 USC 6910) and certain recordkeeping and reporting requirements under 35

Ill. Adm. Code 702, 703, and 722 through 725, and 728 and federal 40 CFR 122.

d) The following hazardous wastes listed in Section 721.131 or 721.132 are subject

to the exclusion limits for acute hazardous wastes established in Section 721.105:

hazardous wastes numbers F020, F021, F022, F023, F026, and F027.

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

Section 721.138 Comparable or Syngas Fuel Exclusion

Wastes that meet the following comparable or syngas fuel requirements are not solid wastes:

a) Comparable fuel specifications.

1) Physical specifications.

A) Heating value. The heating value must exceed 5,000 Btu/lb

(11,500 J/g).

B) Viscosity. The viscosity must not exceed 50 cs, as fired.

2) Constituent specifications. For the compounds listed, the constituent

specification levels and minimum required detection limits (where non-

detect is the constituent specification) are set forth in the table at

subsection (d) of this Section.

b) Synthesis gas fuel specification. Synthesis gas fuel (i.e., syngas fuel) that is

generated from hazardous waste must fulfill the following requirements:

1) It must have a minimum Btu value of 100 Btu/Scf;

2) It must contain less than 1 ppmv of total halogen;

3) It must contain less than 300 ppmv of total nitrogen other than diatomic

nitrogen (N2);

4) It must contain less than 200 ppmv of hydrogen sulfide; and

5) It must contain less than 1 ppmv of each hazardous constituent in the

target list of constituents listed in Appendix H of this Part.

c) Implementation. Waste that meets the comparable or syngas fuel specifications

provided by subsection (a) or (b) of this Section (these constituent levels must be

achieved by the comparable fuel when generated, or as a result of treatment or

337

blending, as provided in subsection (c)(3) or (c)(4) of this Section) is excluded

from the definition of solid waste provided that the following requirements are

met:

1) Notices. For purposes of this Section, the person claiming and qualifying

for the exclusion is called the comparable or syngas fuel generator and the

person burning the comparable or syngas fuel is called the comparable or

syngas burner. The person that generates the comparable fuel or syngas

fuel must claim and certify to the exclusion.

A) Notice to the Agency.

i) The generator must submit a one-time notice to the

Agency, certifying compliance with the conditions of the

exclusion and providing documentation, as required by

subsection (c)(1)(A)(iii) of this Section;

ii) If the generator is a company that generates comparable or

syngas fuel at more than one facility, the generator must

specify at which sites the comparable or syngas fuel will be

generated;

iii) A comparable or syngas fuel generator’s notification to the

Agency must contain the items listed in subsection

(c)(1)(C) of this Section.

B) Public notice. Prior to burning an excluded comparable or syngas

fuel, the burner must publish in a major newspaper of general

circulation, local to the site where the fuel will be burned, a notice

entitled “Notification of Burning a Comparable or Syngas Fuel

Excluded Under the Resource Conservation and Recovery Act”

containing the following information:

i) The name, address, and USEPA identification number of

the generating facility;

ii) The name and address of the units that will burn the

comparable or syngas fuel;

iii) A brief, general description of the manufacturing,

treatment, or other process generating the comparable or

syngas fuel;

iv) An estimate of the average and maximum monthly and

annual quantity of the waste claimed to be excluded; and

338

v) The name and mailing address of the Agency office to

which the claim was submitted.

C) Required content of comparable or syngas notification to the

Agency.

i) The name, address, and USEPA identification number of

the person or facility claiming the exclusion;

ii) The applicable USEPA hazardous waste codes for the

hazardous waste;

iii) The name and address of the units that meet the

requirements of subsection (c)(2) of this Section that will

burn the comparable or syngas fuel; and

iv) The following statement, signed and submitted by the

person claiming the exclusion or its authorized

representative:

Under penalty of criminal and civil prosecution for

making or submitting false statements,

representations, or omissions, I certify that the

requirements of 35 Ill. Adm. Code 721.138 have

been met for all waste identified in this notification.

Copies of the records and information required by

35 Ill. Adm. Code 721.138(c)(10) are available at

the comparable or syngas fuel generator’s facility.

Based on my inquiry of the individuals immediately

responsible for obtaining the information, the

information is, to the best of my knowledge and

belief, true, accurate, and complete. I am aware that

there are significant penalties for submitting false

information, including the possibility of fine and

imprisonment for knowing violations.

BOARD NOTE: Subsections (c)(1)(C)(i) through (c)(1)(C)(iv) are

derived from 40 CFR 261.138(c)(1)(i)(C)(

) and (c)(1)(i)(C)(

which the Board has codified here to comport with Illinois

Administrative Code format requirements.

2) Burning. The comparable or syngas fuel exclusion for fuels that meet the

requirements of subsections (a) or (b) and (c)(1) of this Section applies

only if the fuel is burned in the following units that also must be subject to

federal, State, and local air emission requirements, including all applicable

federal Clean Air Act (CAA) maximum achievable control technology

339

(MACT) requirements:

A) Industrial furnaces, as defined in 35 Ill. Adm. Code 720.110;

B) Boilers, as defined in 35 Ill. Adm. Code 720.110, that are further

defined as follows:

i) Industrial boilers located on the site of a facility engaged in

a manufacturing process where substances are transformed

into new products, including the component parts of

products, by mechanical or chemical processes; or

ii) Utility boilers used to produce electric power, steam,

heated or cooled air, or other gases or fluids for sale;

C) Hazardous waste incinerators subject to regulation under pursuant

to Subpart O of 35 Ill. Adm. Code 724 or Subpart O of 35 Ill.

Adm. Code 725 or applicable CAA MACT standards.

D) Gas turbines used to produce electric power, steam, heated or

cooled air, or other gases or fluids for sale.

3) Blending to meet the viscosity specification. A hazardous waste blended

to meet the viscosity specification must fulfill the following requirements:

A) As generated and prior to any blending, manipulation, or

processing, the waste must meet the constituent and heating value

specifications of subsections (a)(1)(A) and (a)(2) of this Section;

B) The waste must be blended at a facility that is subject to the

applicable requirements of 35 Ill. Adm. Code 724 and 725 or 35

Ill. Adm. Code 722.134; and

C) The waste must not violate the dilution prohibition of subsection

(c)(6) of this Section.

4) Treatment to meet the comparable fuel exclusion specifications.

A) A hazardous waste may be treated to meet the exclusion

specifications of subsections (a)(1) and (a)(2) of this Section

provided the treatment fulfills the following requirements:

i) The treatment destroys or removes the constituent listed in

the specification or raises the heating value by removing or

destroying hazardous constituents or materials;

340

ii) The treatment is performed at a facility that is subject to the

applicable requirements of 35 Ill. Adm. Code 724 and 725

or 35 Ill. Adm. Code 722.134; and

iii) The treatment does not violate the dilution prohibition of

subsection (c)(6) of this Section.

B) Residuals resulting from the treatment of a hazardous waste listed

in Subpart D of this Part to generate a comparable fuel remain a

hazardous waste.

5) Generation of a syngas fuel.

A) A syngas fuel can be generated from the processing of hazardous

wastes to meet the exclusion specifications of subsection (b) of this

Section provided the processing fulfills the following

requirements:

i) The processing destroys or removes the constituent listed in

the specification or raises the heating value by removing or

destroying constituents or materials;

ii) The processing is performed at a facility that is subject to

the applicable requirements of 35 Ill. Adm. Code 724 and

725 or 35 Ill. Adm. Code 722.134 or is an exempt recycling

unit pursuant to Section 721.106(c); and

iii) The processing does not violate the dilution prohibition of

subsection (c)(6) of this Section.

B) Residuals resulting from the treatment of a hazardous waste listed

in Subpart D of this Part to generate a syngas fuel remain a

hazardous waste.

6) Dilution prohibition for comparable and syngas fuels. No generator,

transporter, handler, or owner or operator of a treatment, storage, or

disposal facility must in any way dilute a hazardous waste to meet the

exclusion specifications of subsection (a)(1)(A), (a)(2), or (b) of this

Section.

7) Waste analysis plans. The generator of a comparable or syngas fuel must

develop and follow a written waste analysis plan that describes the

procedures for sampling and analysis of the hazardous waste to be

excluded. The plan must be followed and retained at the facility excluding

the waste.

341

A) At a minimum, the plan must specify the following:

i) The parameters for which each hazardous waste will be

analyzed and the rationale for the selection of those

parameters;

ii) The test methods that will be used to test for these

parameters;

iii) The sampling method that will be used to obtain a

representative sample of the waste to be analyzed;

iv) The frequency with which the initial analysis of the waste

will be reviewed or repeated to ensure that the analysis is

accurate and up to date; and

v) If process knowledge is used in the waste determination,

any information prepared by the generator in making such

determination.

B) The waste analysis plan must also contain records of the following:

i) The dates and times waste samples were obtained, and the

dates the samples were analyzed;

ii) The names and qualifications of the persons who obtained

the samples;

iii) A description of the temporal and spatial locations of the

samples;

iv) The name and address of the laboratory facility at which

analyses of the samples were performed;

v) A description of the analytical methods used, including any

clean-up and sample preparation methods;

vi) All quantitation limits achieved and all other quality

control results for the analysis (including method blanks,

duplicate analyses, matrix spikes, etc.), laboratory quality

assurance data, and description of any deviations from

analytical methods written in the plan or from any other

activity written in the plan that occurred;

vii) All laboratory results demonstrating that the exclusion

specifications have been met for the waste; and

342

viii) All laboratory documentation that supports the analytical

results, unless a contract between the claimant and the

laboratory provides for the documentation to be maintained

by the laboratory for the period specified in subsection

(c)(11) of this Section and also provides for the availability

of the documentation to the claimant upon request.

C) Syngas fuel generators must submit for approval, prior to

performing sampling, analysis, or any management of a syngas

fuel as an excluded waste, a waste analysis plan containing the

elements of subsection (c)(7)(A) of this Section to the Agency.

The approval of waste analysis plans must be stated in writing and

received by the facility prior to sampling and analysis to

demonstrate the exclusion of a syngas. The approval of the waste

analysis plan may contain such provisions and conditions as the

regulatory authority deems appropriate.

8) Comparable fuel sampling and analysis.

A) General. For each waste for which an exclusion is claimed, the

generator of the hazardous waste must test for all the constituents

on Appendix H of this Part, except those that the generator

determines, based on testing or knowledge, should not be present

in the waste. The generator is required to document the basis of

each determination that a constituent should not be present. The

generator may not determine that any of the following categories

of constituents should not be present:

i) A constituent that triggered the toxicity characteristic for

the waste constituents that were the basis of the listing of

the waste stream, or constituents for which there is a

treatment standard for the waste code in 35 Ill. Adm. Code

728.140;

ii) A constituent detected in previous analysis of the waste;

iii) Constituents introduced into the process that generates the

waste; or

iv) Constituents that are byproducts or side reactions to the

process that generates the waste.

B) For each waste for which the exclusion is claimed where the

generator of the comparable or syngas fuel is not the original

generator of the hazardous waste, the generator of the comparable

343

or syngas fuel may not use process knowledge pursuant to

subsection (c)(8)(A) of this Section and must test to determine that

all of the constituent specifications of subsections (a)(2) and (b) of

this Section have been met.

C) The comparable or syngas fuel generator may use any reliable

analytical method to demonstrate that no constituent of concern is

present at concentrations above the specification levels. It is the

responsibility of the generator to ensure that the sampling and

analysis are unbiased, precise, and representative of the waste. For

the waste to be eligible for exclusion, a generator must

demonstrate the following:

i) That each constituent of concern is not present in the waste

above the specification level at the 95 percent upper

confidence limit around the mean; and

ii) That the analysis could have detected the presence of the

constituent at or below the specification level at the 95

percent upper confidence limit around the mean.

D) Nothing in this subsection (c)(8) preempts, overrides, or otherwise

negates the provision in 35 Ill. Adm. Code 722.111 that requires

any person that generates a solid waste to determine if that waste is

a hazardous waste.

E) In an enforcement action, the burden of proof to establish

conformance with the exclusion specification must be on the

generator claiming the exclusion.

F) The generator must conduct sampling and analysis in accordance

with its waste analysis plan developed under pursuant to

subsection (c)(7) of this Section.

G) Syngas fuel and comparable fuel that has not been blended in order

to meet the kinematic viscosity specifications must be analyzed as

generated.

H) If a comparable fuel is blended in order to meet the kinematic

viscosity specifications, the generator must undertake the

following actions:

i) Analyze the fuel as generated to ensure that it meets the

constituent and heating value specifications; and

ii) After blending, analyze the fuel again to ensure that the

344

blended fuel continues to meet all comparable or syngas

fuel specifications.

I) Excluded comparable or syngas fuel must be retested, at a

minimum, annually and must be retested after a process change

that could change the chemical or physical properties of the waste.

BOARD NOTE: Any claim under pursuant to this section Section must

be valid and accurate for all hazardous constituents; a determination not to

test for a hazardous constituent will not shield a generator from liability

should that constituent later be found in the waste above the exclusion

specifications.

9) Speculative accumulation. Any persons handling a comparable or syngas

fuel are subject to the speculative accumulation test under pursuant to

Section 721.102(c)(4).

10) Records. The generator must maintain records of the following

information on-site:

A) All information required to be submitted to the implementing

authority as part of the notification of the claim:

i) The owner or operator name, address, and RCRA facility

USEPA identification number of the person claiming the

exclusion;

ii) The applicable USEPA hazardous waste codes for each

hazardous waste excluded as a fuel; and

iii) The certification signed by the person claiming the

exclusion or his authorized representative;

B) A brief description of the process that generated the hazardous

waste and process that generated the excluded fuel, if not the same;

C) An estimate of the average and maximum monthly and annual

quantities of each waste claimed to be excluded;

D) Documentation for any claim that a constituent is not present in the

hazardous waste, as required under pursuant to subsection

(c)(8)(A) of this Section;

E) The results of all analyses and all detection limits achieved, as

required under pursuant to subsection (c)(8) of this Section;

345

F) If the excluded waste was generated through treatment or blending,

documentation, as required under pursuant to subsection (c)(3) or

(c)(4) of this Section;

G) If the waste is to be shipped off-site, a certification from the

burner, as required under pursuant to subsection (c)(12) of this

Section;

H) A waste analysis plan and the results of the sampling and analysis

that include the following:

i) The dates and times waste samples were obtained, and the

dates the samples were analyzed;

ii) The names and qualifications of the persons that obtained

the samples;

iii) A description of the temporal and spatial locations of the

samples;

iv) The name and address of the laboratory facility at which

analyses of the samples were performed;

v) A description of the analytical methods used, including any

clean-up and sample preparation methods;

vi) All quantitation limits achieved and all other quality

control results for the analysis (including method blanks,

duplicate analyses, matrix spikes, etc.), laboratory quality

assurance data, and description of any deviations from

analytical methods written in the plan or from any other

activity written in the plan that occurred;

vii) All laboratory analytical results demonstrating that the

exclusion specifications have been met for the waste; and

viii) All laboratory documentation that supports the analytical

results, unless a contract between the claimant and the

laboratory provides for the documentation to be maintained

by the laboratory for the period specified in subsection

(c)(11) of this Section and also provides for the availability

of the documentation to the claimant upon request; and

I) If the generator ships comparable or syngas fuel off-site for

burning, the generator must retain for each shipment the following

information on-site:

346

i) The name and address of the facility receiving the

comparable or syngas fuel for burning;

ii) The quantity of comparable or syngas fuel shipped and

delivered;

iii) The date of shipment or delivery;

iv) A cross-reference to the record of comparable or syngas

fuel analysis or other information used to make the

determination that the comparable or syngas fuel meets the

specifications, as required under pursuant to subsection

(c)(8) of this Section; and

v) A one-time certification by the burner, as required under

pursuant to subsection (c)(12) of this Section.

11) Records retention. Records must be maintained for the period of three

years. A generator must maintain a current waste analysis plan during that

three-year period.

12) Burner certification. Prior to submitting a notification to the Agency, a

comparable or syngas fuel generator that intends to ship its fuel off-site for

burning must obtain a one-time written, signed statement from the burner

that includes the following:

A) A certification that the comparable or syngas fuel will only be

burned in an industrial furnace or boiler, utility boiler, or

hazardous waste incinerator, as required under pursuant to

subsection (c)(2) of this Section;

B) Identification of the name and address of the units that will burn

the comparable or syngas fuel; and

C) A certification that the state in which the burner is located is

authorized to exclude wastes as comparable or syngas fuel under

the provisions of this section 40 CFR 261.38.

13) Ineligible waste codes. Wastes that are listed because of presence of

dioxins or furans, as set out in Appendix G of this Part, are not eligible for

this exclusion, and any fuel produced from or otherwise containing these

wastes remains a hazardous waste subject to full RCRA hazardous waste

management requirements.

d) Table Y of this Part sets forth the table of detection and detection limit values for

347

comparable fuel specification.

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

Section 721.Appendix I Wastes Excluded by Administrative Action

Table B Wastes Excluded by USEPA pursuant to 40 CFR 260.20 and 260.22 from

Specific Sources

Facility Address Waste Description

Amoco Oil Company

Wood River, Illinois

150 million gallons of DAF float from petroleum refining

contained in four surge ponds after treatment with the

Chemfix stabilization process. This waste contains USEPA

hazardous waste number K048. This exclusion applies to

the 150 million gallons of waste after chemical stabilization

as long as the mixing ratios of the reagent with the waste

are monitored continuously and do not vary outside of the

limits presented in the demonstration samples and one grab

sample is taken each hour from each treatment unit,

composited, and TCLP tests performed on each sample. If

the levels of lead or total chromium exceed 0.5 ppm in the

EP extract, then the waste that was processed during the

compositing period is considered hazardous; the treatment

residue must be pumped into bermed cells to ensure that

the waste is identifiable in the event that removal is

necessary.

Conversion Systems, Inc.

Horsham, Pennsylvania

(Sterling, Illinois operations)

Chemically stabilized electric arc furnace dust (CSEAFD)

that is generated by Conversion Systems, Inc. (CSI) (using

the Super Detox® treatment process, as modified by CSI to

treat electric arc furnace dust (EAFD) (USEPA hazardous

waste no. K061)), at the following site and which is

disposed of in a RCRA Subtitle D municipal solid waste

landfill (MSWLF): Northwestern Steel, Sterling, Illinois.

CSI must implement a testing program for each site that

meets the following conditions:

1. Verification testing requirements: Sample collection and

analyses, including quality control procedures, must be

performed according to using appropriate methods. As

applicable to the method-defined parameters of concern,

analyses requiring the use of methods in “Test Methods for

Evaluating Solid Waste, Physical/Chemical Methods,”

348

USEPA publication number EPA-530/SW-846,

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

must be used without substitution. As applicable, the EPA-

530/SW-846 methods might include Methods 0010, 0011,

0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061,

1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A,

9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses

USEPA Method 1664, Rev. A), 9071B, and 9095B.

A. Initial verification testing: During the first 20

days of full-scale operation of a newly-constructed

Super Detox® treatment facility, CSI must analyze

a minimum of four composite samples of CSEAFD

representative of the full 20-day period. Composite

samples must be composed of representative

samples collected from every batch generated. The

CSEAFD samples must be analyzed for the

constituents listed in condition 3 below. CSI must

report the operational and analytical test data,

including quality control information, obtained

during this initial period no later than 60 days after

the generation of the first batch of CSEAFD.

B. Addition of new Super Detox® treatment

facilities to the exclusion:

Option 1: If USEPA approves additional facilities,

CSI may petition the Board for identical-in

substance amendment of this exclusion pursuant to

Section 22.4 for the Act and 35 Ill. Adm. Code 102

and 720.120(a), or

Option 2: If USEPA has not approved such

amendment, CSI may petition the Board for

amendment pursuant to the general rulemaking

procedures of Section 27 of the Act and 35 Ill.

Adm. Code 102 and 720.120(b); or

Option 3: Alternatively to options 1 or 2 above,

CSI may petition the Board for a hazardous waste

delisting pursuant to Section 28.1 of the Act and

Subpart D of 35 Ill. Adm. Code 104 and 35 Ill.

Adm. Code 720.122.

If CSI pursues general rulemaking (option 2 above)

or hazardous waste delisting (option 3 above), it

349

must demonstrate that the CSEAFD generated by a

specific Super Detox® treatment facility

consistently meets the delisting levels specified in

condition 3 below.

C. Subsequent verification testing: For the

approved facility, CSI must collect and analyze at

least one composite sample of CSEAFD each

month. The composite samples must be composed

of representative samples collected from all batches

treated in each month. These monthly

representative samples must be analyzed, prior to

the disposal of the CSEAFD, for the constituents

listed in condition 3 below. CSI may, at its

discretion, analyze composite samples gathered

more frequently to demonstrate that smaller batches

of waste are nonhazardous.

2. Waste holding and handling: CSI must store as

hazardous all CSEAFD generated until verification testing,

as specified in condition 1A or 1C above, as appropriate, is

completed and valid analyses demonstrate that condition 3

below is satisfied. If the levels of constituents measured in

the samples of CSEAFD do not exceed the levels set forth

in condition 3, then the CSEAFD is nonhazardous and may

be disposed of in a RCRA Subtitle D municipal solid waste

landfill. If constituent levels in a sample exceed any of the

delisting levels set forth in condition 3 below, the CSEAFD

generated during the time period corresponding to this

sample must be retreated until it meets these levels or

managed and disposed of as hazardous waste, in

accordance with 35 Ill. Adm. Code 702 through 705, 720

through 726, 728, and 733, 738, and 739. CSEAFD

generated by a new CSI treatment facility must be managed

as a hazardous waste prior to the addition of the name and

location of the facility to this exclusion pursuant to

condition 1C above. After addition of the new facility to

the exclusion pursuant to condition 1B above, CSEAFD

generated during the verification testing in condition 1A is

also non-hazardous if the delisting levels in condition 3 are

satisfied.

3. Delisting levels: All leachable concentrations for metals

must not exceed the following levels (in parts per million

(ppm)): antimony--0.06; arsenic--0.50; barium--7.6;

beryllium--0.010; cadmium--0.050; chromium--0.33; lead--

350

0.15; mercury--0.009; nickel--1; selenium--0.16; silver--

0.30; thallium--0.020; vanadium--2; and zinc--70. Metal

concentrations must be measured in the waste leachate by

the method specified in Section 721.124.

4. Changes in operating conditions: After initiating

subsequent testing, as described in condition 1C, if CSI

significantly changes the stabilization process established

under pursuant to condition 1 (e.g., use of new stabilization

reagents), CSI must seek amendment of this exclusion

using one of the options set forth in condition 1B above.

After written amendment of this exclusion, CSI may

manage CSEAFD wastes generated from the new process

as nonhazardous if the wastes meet the delisting levels set

forth in condition 3 above.

5. Data submittals: At least one month prior to operation of

a new Super Detox® treatment facility, CSI must notify the

Agency in writing when the Super Detox® treatment

facility is scheduled to be on-line. The data obtained

through condition 1A must be submitted to the Agency

within the time period specified. Records of operating

conditions and analytical data from condition 1 must be

compiled, summarized, and maintained on site for a

minimum of five years. These records and data must be

furnished to the Agency upon request and made available

for inspection. Failure to submit the required data within

the specified time period or to maintain the required

records on site for the specified time will be considered a

violation of the Act and Board regulations. All data

submitted must be accompanied by a signed copy of the

following certification statement to attest to the truth and

accuracy of the data submitted:

“Under civil and criminal penalty of law for the making or

submission of false or fraudulent statements or

representations, I certify that the information contained in

or accompanying this document is true, accurate, and

complete.

“As to (those) identified section(s) of this document for

which I cannot personally verify its (their) truth and

accuracy, I certify as the company official having

supervisory responsibility for the persons who, acting

under my direct instructions, made the verification that this

information is true, accurate, and complete.

351

“In the event that any of this information is determined by

the Board or a court of law to be false, inaccurate, or

incomplete, and upon conveyance of this fact to the

company, I recognize and agree that this exclusion of waste

will be void as if it never had effect or to the extent

directed by the Board or court and that the company will be

liable for any actions taken in contravention of the

company’s obligations under the federal RCRA and

Comprehensive Environmental Response, Compensation

and Liability Act (42 USC 9601 et seq.) and corresponding

provisions of the Act premised upon the company’s

reliance on the void exclusion.”

BOARD NOTE: The obligations of this exclusion are

derived from but also distinct from the obligations under

the corresponding federally-granted exclusion of table 2 of

appendix IX to 40 CFR 261.

(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 722

STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

SUBPART A: GENERAL

Section

722.110 Purpose, Scope, and Applicability

722.111 Hazardous Waste Determination

722.112 USEPA Identification Numbers

722.113 Electronic Document Filing

SUBPART B: THE MANIFEST

Section

722.120 General Requirements

722.121 Manifest Tracking Numbers, Manifest Printing, and Obtaining Manifests

722.122 Number of Copies

722.123 Use of the Manifest

722.127 Waste Minimization Certification

352

SUBPART C: PRE-TRANSPORT REQUIREMENTS

Section

722.130 Packaging

722.131 Labeling

722.132 Marking

722.133 Placarding

722.134 Accumulation Time

SUBPART D: RECORDKEEPING AND REPORTING

Section

722.140 Recordkeeping

722.141 Annual Reporting

722.142 Exception Reporting

722.143 Additional Reporting

722.144 Special Requirements for Generators of between 100 and 1,000 kilograms per

month

SUBPART E: EXPORTS OF HAZARDOUS WASTE

Section

722.150 Applicability

722.151 Definitions

722.152 General Requirements

722.153 Notification of Intent to Export

722.154 Special Manifest Requirements

722.155 Exception Report

722.156 Annual Reports

722.157 Recordkeeping

722.158 International Agreements

SUBPART F: IMPORTS OF HAZARDOUS WASTE

Section

722.160 Imports of Hazardous Waste

SUBPART G: FARMERS

Section

722.170 Farmers

SUBPART H: TRANSFRONTIER SHIPMENTS OF HAZARDOUS WASTE

FOR RECOVERY WITHIN THE OECD

Section

722.180 Applicability

722.181 Definitions

722.182 General Conditions

722.183 Notification and Consent

722.184 Tracking Document

722.185 Contracts

353

722.186 Provisions Relating to Recognized Traders

722.187 Reporting and Recordkeeping

722.189 OECD Waste Lists

722.Appendix A Hazardous Waste Manifest

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

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

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

codified in R81-22 at 6 Ill. Reg. 4828, effective May 17, 1982; amended in R82-18 at 7 Ill. Reg.

2518, effective February 22, 1983; amended in R84-9 at 9 Ill. Reg. 11950, effective July 24,

1985; amended in R85-22 at 10 Ill. Reg. 1131, effective January 2, 1986; amended in R86-1 at

10 Ill. Reg. 14112, effective August 12, 1986; amended in R86-19 at 10 Ill. Reg. 20709,

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

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

Ill. Reg. 13129, effective July 29, 1988; amended in R88-16 at 13 Ill. Reg. 452, effective

December 27, 1988; amended in R89-1 at 13 Ill. Reg. 18523, effective November 13, 1989;

amended in R90-10 at 14 Ill. Reg. 16653, effective September 25, 1990; amended in R90-11 at

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

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

R92-1 at 16 Ill. Reg. 17696, effective November 6, 1992; amended in R93-4 at 17 Ill. Reg.

20822, effective November 22, 1993; amended in R95-6 at 19 Ill. Reg. 9935, effective June 27,

1995; amended in R95-20 at 20 Ill. Reg. 11236, effective August 1, 1996; amended in R96-

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

3/R98-5 at 22 Ill. Reg. 17950, effective September 28, 1998; amended in R00-5 at 24 Ill. Reg.

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

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

Ill. Reg. 6312, effective April 22, 2005; amended in R06-5/R06-6/R06-7 at 30 Ill. Reg. 3138,

effective February 23, 2006; amended in R06-16/R06-17/R06-18 at 30 Ill. Reg. ________,

effective ______________________.

SUBPART A: GENERAL

Section 722.110 Purpose, Scope, and Applicability

a) This Part establishes standards for generators of hazardous waste.

b) A generator must use 35 Ill. Adm. Code 721.105(c) and (d) to determine the

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

quantity of hazardous waste generated per month.

c) A generator that treats, stores, or disposes of a hazardous waste on-site must

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

Section 722.111, for determining whether or not the generator has a hazardous

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

354

722.140(c) and (d), for recordkeeping; Section 722.143, for additional reporting;

and Section 722.170, for farmers, if applicable.

d) Any person that exports or imports hazardous waste that is subject to the

hazardous waste manifesting requirements of this Part or the universal waste

management standards of 35 Ill. Adm. Code 733, to or from countries listed in

Section 722.158(a)(1) for recovery, must comply with Subpart H of this Part.

e) Any person that imports hazardous waste into the United States must comply with

the generator standards of this Part.

f) A farmer that generates waste pesticides that are hazardous waste and that

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

comply with other standards in this Part or 35 Ill. Adm. Code 702, 703, 724, 725,

or through 728, 733, or 739 with respect to such pesticides.

g) A person that generates a hazardous waste, as defined by 35 Ill. Adm. Code 721,

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

and XII of the Environmental Protection Act if that person does not comply with

the requirements of this Part.

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

treatment, storage, or disposal facility must comply with the generator standards

established in this Part.

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

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

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

not required to comply with the standards of this Part.

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

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

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

generator that treats, stores, or disposes of hazardous waste on-site must comply with the

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

726, and through 728, 733, and 739.

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

Section 722.111 Hazardous Waste Determination

A person that generates a solid waste, as defined in 35 Ill. Adm. Code 721.102, must determine if

that waste is a hazardous waste using the following method:

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

Ill. Adm. Code 721.104.

355

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

Subpart D of 35 Ill. Adm. Code 721.

BOARD NOTE: Even if a waste is listed as a hazardous waste, the generator still

has an opportunity under 35 Ill. Adm. Code 720.122 to demonstrate that the waste

from the generator’s particular facility or operation is not a hazardous waste.

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

as a hazardous waste in Subpart D of 35 Ill. Adm. Code 721, the generator must then

determine whether the waste is identified in Subpart C of 35 Ill. Adm. Code 721 by

either of the following methods:

1) Testing the waste according to the methods set forth in Subpart C of 35 Ill.

Adm. Code 721, or according to an equivalent method approved by the

Board under 35 Ill. Adm. Code 720.121; or

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

materials or processes used.

d) If the generator determines that the waste is hazardous, the generator must refer to 35

Ill. Adm. Code 724, 725, through 728, and 733, and 739 for possible exclusions or

restrictions pertaining to the management of the specific waste.

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

Section 722.113 Electronic Document Filing

The filing of any document pursuant to any provision of this Part as an electronic document is

subject to 35 Ill. Adm. Code 720.104.

BOARD NOTE: Derived from 40 CFR 3, as added, and 40 CFR 271.10(b), 271.11(b), and

271.12(h) (2005), as amended at 70 Fed. Reg. 59848 (Oct. 13, 2005).

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

SUBPART D: RECORDKEEPING AND REPORTING

Section 722.141 Annual Reporting

a) A generator that ships any hazardous waste off-site to a treatment, storage or disposal

facility within the United States must prepare and submit a single copy of an annual

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

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

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

information:

356

1) The USEPA identification number, name, and address of the generator;

2) The calendar year covered by the report;

3) The USEPA identification number, name, and address for each off-site

treatment, storage, or disposal facility in the United States to which waste

was shipped during the year;

4) The name and USEPA identification number of each transporter used during

the reporting year for shipments to a treatment, storage, or disposal facility

within the United States;

5) A description, USEPA hazardous waste number (from Subpart C or D of 35

Ill. Adm. Code 721), USDOT hazard class and quantity of each hazardous

waste shipped off-site for shipments to a treatment, storage, or disposal

facility within the United States. This information must be listed by USEPA

identification number of each off-site facility to which waste was shipped;

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

and toxicity of waste generated;

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

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

information is available for years prior to 1984; and

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

representative.

b) Any generator that treats, stores, or disposes of hazardous waste on-site must submit

an annual report covering those wastes in accordance with the provisions of 35 Ill.

Adm. Code 702, 703, and 724, 725, and 726 through 727. Reporting for exports of

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

requirement is set forth at Section 722.156.

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

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 723

STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS

WASTE

357

SUBPART A: GENERAL

Section

723.110 Scope

723.111 USEPA Identification Number

723.112 Transfer Facility Requirements

723.113 Electronic Document Filing

SUBPART B: COMPLIANCE WITH THE MANIFEST SYSTEM AND

RECORDKEEPING

Section

723.120 The Manifest System

723.121 Compliance with the Manifest

723.122 Recordkeeping

SUBPART C: HAZARDOUS WASTE DISCHARGES

Section

723.130 Immediate Action

723.131 Discharge Cleanup

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

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

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

amended and codified in R81-22, 45 PCB 17, at 6 Ill. Reg. 4828, effective May 17, 1982;

amended in R84-9, at 9 Ill. Reg. 11961, effective July 24, 1985; amended in R86-19, at 10 Ill.

Reg. 20718, effective December 2, 1986; amended in R86-46 at 11 Ill. Reg. 13570, effective

August 4, 1987; amended in R87-5 at 11 Ill. Reg. 19412, effective November 12, 1987; amended

in R95-6 at 19 Ill. Reg. 9945, effective June 27, 1995; amended in R96-10/R97-3/R97-5 at 22 Ill.

Reg. 589, effective December 16, 1997; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17965,

effective September 28, 1998; amended in R06-5/R06-6/R06-7 at 30 Ill. Reg. 3180, effective

February 23, 2006; amended in R06-16/R06-17/R06-18 at 30 Ill. Reg. ________, effective

______________________.

SUBPART A: GENERAL

Section 723.112 Transfer Facility Requirements

A transporter who stores manifested shipments of hazardous waste in containers meeting the

requirements of 35 Ill. Adm. Code 722.130 at a transfer facility for a period of ten days or less is

not subject to regulations under 35 Ill. Adm. Code 702, 703, 724, 725 or through 728, or 738

with respect to the storage of those wastes.

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

358

Section 723.113 Electronic Document Filing

The filing of any document pursuant to any provision of this Part as an electronic document is

subject to 35 Ill. Adm. Code 720.104.

BOARD NOTE: Derived from 40 CFR 3, as added, and 40 CFR 271.10(b), 271.11(b), and

271.12(h) (2005), as amended at 70 Fed. Reg. 59848 (Oct. 13, 2005).

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

SUBPART B: COMPLIANCE WITH THE MANIFEST SYSTEM AND

RECORDKEEPING

Section 723.120 The Manifest System

a) No acceptance without a manifest.

1) The following manifest requirements apply until September 5, 2006:

A) A transporter may not accept hazardous waste from a generator

unless it is accompanied by a manifest signed in accordance with

the provisions of 35 Ill. Adm. Code 722.120. In the case of

exports other than those subject to Subpart H of 35 Ill. Adm. Code

722.Subpart H, a transporter may not accept such waste from a

primary exporter or other person:

i) If the transporter knows the shipment does not conform

with the USEPA Acknowledgement of Consent (as defined

in 35 Ill. Adm. Code 722.151); and

ii) Unless, in addition to a manifest signed in accordance with

35 Ill. Adm. Code 722.120, the waste is also accompanied

by a USEPA Acknowledgement of Consent which, except

for shipment by rail, is attached to the manifest (or shipping

paper for exports by water (bulk shipment)).

B) For exports of hazardous waste subject to the requirements of

Subpart H of 35 Ill. Adm. Code 722, a transporter may not accept

hazardous waste without a tracking document that includes all

information required by 35 Ill. Adm. Code 722.184.

2) The following manifest requirements apply effective September 5, 2006:

A) Manifest requirement. A transporter may not accept hazardous

waste from a generator unless the transporter is also provided with

a manifest signed in accordance with the provisions of 35 Ill. Adm.

359

Code 723.123.

B) Exports.

i) In the case of exports other than those subject to Subpart H

of 35 Ill. Adm. Code 722, a transporter may not accept

such waste from a primary exporter or other person if the

transporter knows that the shipment does not conform to

the USEPA Acknowledgement of Consent; and unless, in

addition to a manifest signed by the generator as provided

in this Section, the transporter must also be provided with a

USEPA Acknowledgement of Consent that, except for

shipment by rail, is attached to the manifest (or shipping

paper for exports by water (bulk shipment)).

ii) For exports of hazardous waste subject to the requirements

of Subpart H of 35 Ill. Adm. Code 722, a transporter may

not accept hazardous waste without a tracking document

that includes all information required by 35 Ill. Adm. Code

722.184.

BOARD NOTE: Subsection (a)(1) corresponds with 40 CFR 263.20(a) (2004),

effective until September 5, 2006. Subsection (a)(2) corresponds with 40 CFR

263.20(a) (2005), effective September 5, 2006. The Board omitted 40 CFR

263.20(a)(3) (2005), since that provision merely stated the September 5, 2006

effective date for the newer manifest requirements.

b) Before transporting the hazardous waste, the transporter must sign and date the

manifest acknowledging acceptance of the hazardous waste from the generator.

The transporter must return a signed copy to the generator before leaving the

generator’s property.

c) The transporter must ensure that the manifest accompanies the hazardous waste.

In the case of exports, the transporter must ensure that a copy of the USEPA

Acknowledgement of Consent also accompanies the hazardous waste.

d) A transporter that delivers a hazardous waste to another transporter or to the

designated facility must do the following:

1) It must obtain the date of delivery and the handwritten signature of that

transporter or of the owner or operator of the designated facility on the

manifest;

2) It must retain one copy of the manifest in accordance with Section

723.122; and

360

3) It must give the remaining copies of the manifest to the accepting

transporter or designated facility.

e) The requirements of subsections (c), (d), and (f) do not apply to water (bulk

shipment) transporters if all of the following are true:

1) The hazardous waste is delivered by water (bulk shipment) to the

designated facility;

2) A shipping paper containing all the information required on the manifest

(excluding the USEPA identification numbers, generator certification and

signatures) accompanies the hazardous waste and, for exports, a USEPA

Acknowledgement of Consent accompanies the hazardous waste;

3) The delivering transporter obtains the date of delivery and handwritten

signature of the owner or operator designated facility on either the

manifest or the shipping paper;

4) The person delivering the hazardous waste to the initial water (bulk

shipment) transporter obtains the date of delivery and signature of the

water (bulk shipment) transporter on the manifest and forwards it to the

designated facility; and

5) A copy of the shipping paper or manifest is retained by each water (bulk

shipment) transporter in accordance with Section 723.122.

f) For shipments involving rail transportation, the following requirements apply

instead of the requirements of subsections (c), (d), and (e), which do not apply:

1) When accepting hazardous waste from a non-rail transporter, the initial

rail transporter must do the following:

A) It must sign and date the manifest acknowledging acceptance of

the hazardous waste;

B) It must return a signed copy of the manifest to the non-rail

transporter;

C) It must forward at least three copies of the manifest to the

following entities:

i) The next non-rail transporter, if any;

ii) The designated facility, if the shipment is delivered to that

facility by rail; or

361

iii) The last rail transporter designated to handle the waste in

the United States;

D) It must retain one copy of the manifest and rail shipping paper in

accordance with Section 723.122.

2) Rail transporters must ensure that a shipping paper containing all the

information required on the manifest (excluding the USEPA identification

numbers, generator certification and signatures) and, for exports, a

USEPA Acknowledgement of Consent accompanies the hazardous waste

at all times.

BOARD NOTE: Intermediate rail transporters are not required to sign

either the manifest or shipping paper.

3) When delivering hazardous waste to the designated facility, a rail

transporter must do the following:

A) It must obtain the date of delivery and handwritten signature of the

owner or operator of the designated facility on the manifest or the

shipping paper (if the manifest has not been received by the

facility); and

B) It must retain a copy of the manifest or signed shipping paper in

accordance with Section 723.122.

4) When delivering hazardous waste to a non-rail transporter a rail

transporter must do the following:

A) It must obtain the date of delivery and the handwritten signature of

the next non-rail transporter on the manifest; and

B) It must retain a copy of the manifest in accordance with Section

723.122.

5) Before accepting hazardous waste from a rail transporter, a non-rail

transporter must sign and date the manifest and provide a copy to the rail

transporter.

g) Transporters that transport hazardous waste out of the United States must do the

following:

1) Until September 5, 2006:

A) Indicate on the manifest the date the hazardous waste left the

United States;

362

B) Sign the manifest and retain one copy in accordance with Section

723.122(c);

C) Return a signed copy of the manifest to the generator; and

D) Give a copy of the manifest to a United States Customs official at

the point of departure from the United States.

2) Effective September 5, 2006:

A) Sign and date the manifest in the International Shipments block to

indicate the date that the hazardous waste left the United States;

B) Retain one copy in accordance with Section 723.122(d);

C) Return a signed copy of the manifest to the generator; and

D) Give a copy of the manifest to a U.S. Customs official at the point

of departure from the United States.

BOARD NOTE: Subsections (g)(1)(A) through (g)(1)(B) correspond with 40

CFR 263.20(g) (2004). Subsections (g)(2)(A) through (g)(2)(B) correspond with

40 CFR 263.20(g) (2005). The Board added subsections (g)(1) and (g)(2),

reciting the effective dates, based on 40 CFR 263.20(a)(3) (2005).

h) A transporter transporting hazardous waste from a generator that generates greater

than 100 kilograms but less than 1,000 kilograms of hazardous waste in a

calendar month need not comply with the requirements of this Section or those of

Section 723.122 provided that:

1) The waste is being transported pursuant to a reclamation agreement

provided for in 35 Ill. Adm. Code 722.120(e);

2) The transporter records, on a log or shipping paper, the following

information for each shipment:

A) The name, address and USEPA Identification Number (35 Ill.

Adm. Code 722.112) of the generator of the waste;

B) The quantity of waste accepted;

C) All shipping information required by the United States Department

of Transportation;

D) The date the waste is accepted; and

363

3) The transporter carries this record when transporting waste to the

reclamation facility; and

4) The transporter retains these records for a period of at least three years

after termination or expiration of the agreement.

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

SUBPART C: HAZARDOUS WASTE DISCHARGES

Section 723.130 Immediate Action

a) In the event of a discharge of hazardous waste during transportation, the

transporter must take appropriate immediate action to adequately protect human

health and the environment (e.g., notify local authorities, dike the discharge area).

b) If a discharge of hazardous waste occurs during transportation and an official (of

state or local government or of a federal agency) acting within the scope of his or

her official responsibilities determines that immediate removal of the waste is

necessary to adequately protect human health or the environment, that official

may authorize the removal of the waste by transporters that do not have USEPA

identification numbers and without the preparation of a manifest.

c) An air, rail, highway, or water transporter that has discharged hazardous waste

must:

1) Give notice to the National Response Center (800-424-8802 or 202-426-

2675), if required by 49 CFR 171.15 (Immediate Notice of Certain

Hazardous Materials Incidents), incorporated by reference in 35 Ill. Adm.

Code 720.111(b);

2) Report in writing to the Director, Office of Hazardous Materials

Regulations, Materials Transportation Bureau, Department of

Transportation, Washington, D.C. 20590, as required by 49 CFR 171.16

(Detailed Hazardous Materials Incident Reports), incorporated by

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

3) Give notice to the following State agency:

Illinois Emergency Management Agency

110 East Adams

Springfield, Illinois 62706

217-782-7860

d) A water (bulk shipment) transporter that has discharged hazardous waste must

364

give the same notice as required by 33 CFR 153.203 (Procedure for the Notice of

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

and hazardous substances.

(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 724

STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE

TREATMENT, STORAGE, AND DISPOSAL FACILITIES

SUBPART A: GENERAL PROVISIONS

Section

724.101 Purpose, Scope, and Applicability

724.103 Relationship to Interim Status Standards

724.104 Electronic Document Filing

SUBPART B: GENERAL FACILITY STANDARDS

Section

724.110 Applicability

724.111 USEPA Identification Number

724.112 Required Notices

724.113 General Waste Analysis

724.114 Security

724.115 General Inspection Requirements

724.116 Personnel Training

724.117 General Requirements for Ignitable, Reactive, or Incompatible Wastes

724.118 Location Standards

724.119 Construction Quality Assurance Program

SUBPART C: PREPAREDNESS AND PREVENTION

Section

724.130 Applicability

724.131 Design and Operation of Facility

724.132 Required Equipment

724.133 Testing and Maintenance of Equipment

724.134 Access to Communications or Alarm System

724.135 Required Aisle Space

724.137 Arrangements with Local Authorities

365

SUBPART D: CONTINGENCY PLAN AND EMERGENCY PROCEDURES

Section

724.150 Applicability

724.151 Purpose and Implementation of Contingency Plan

724.152 Content of Contingency Plan

724.153 Copies of Contingency Plan

724.154 Amendment of Contingency Plan

724.155 Emergency Coordinator

724.156 Emergency Procedures

SUBPART E: MANIFEST SYSTEM, RECORDKEEPING AND REPORTING

Section

724.170 Applicability

724.171 Use of Manifest System

724.172 Manifest Discrepancies

724.173 Operating Record

724.174 Availability, Retention, and Disposition of Records

724.175 Annual Report

724.176 Unmanifested Waste Report

724.177 Additional Reports

SUBPART F: RELEASES FROM SOLID WASTE MANAGEMENT UNITS

Section

724.190 Applicability

724.191 Required Programs

724.192 Groundwater Protection Standard

724.193 Hazardous Constituents

724.194 Concentration Limits

724.195 Point of Compliance

724.196 Compliance Period

724.197 General Groundwater Monitoring Requirements

724.198 Detection Monitoring Program

724.199 Compliance Monitoring Program

724.200 Corrective Action Program

724.201 Corrective Action for Solid Waste Management Units

SUBPART G: CLOSURE AND POST-CLOSURE CARE

Section

724.210 Applicability

724.211 Closure Performance Standard

724.212 Closure Plan; Amendment of Plan

724.213 Closure; Time Allowed For Closure

724.214 Disposal or Decontamination of Equipment, Structures, and Soils

724.215 Certification of Closure

724.216 Survey Plat

724.217 Post-Closure Care and Use of Property

366

724.218 Post-Closure Care Plan; Amendment of Plan

724.219 Post-Closure Notices

724.220 Certification of Completion of Post-Closure Care

SUBPART H: FINANCIAL REQUIREMENTS

Section

724.240 Applicability

724.241 Definitions of Terms as Used in This Subpart

724.242 Cost Estimate for Closure

724.243 Financial Assurance for Closure

724.244 Cost Estimate for Post-Closure Care

724.245 Financial Assurance for Post-Closure Care

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

Care

724.247 Liability Requirements

724.248 Incapacity of Owners or Operators, Guarantors, or Financial Institutions

724.251 Wording of the Instruments

SUBPART I: USE AND MANAGEMENT OF CONTAINERS

Section

724.270 Applicability

724.271 Condition of Containers

724.272 Compatibility of Waste with Container

724.273 Management of Containers

724.274 Inspections

724.275 Containment

724.276 Special Requirements for Ignitable or Reactive Waste

724.277 Special Requirements for Incompatible Wastes

724.278 Closure

724.279 Air Emission Standards

SUBPART J: TANK SYSTEMS

Section

724.290 Applicability

724.291 Assessment of Existing Tank System Integrity

724.292 Design and Installation of New Tank Systems or Components

724.293 Containment and Detection of Releases

724.294 General Operating Requirements

724.295 Inspections

724.296 Response to Leaks or Spills and Disposition of Leaking or Unfit-for-Use Tank

Systems

724.297 Closure and Post-Closure Care

724.298 Special Requirements for Ignitable or Reactive Waste

724.299 Special Requirements for Incompatible Wastes

724.300 Air Emission Standards

367

SUBPART K: SURFACE IMPOUNDMENTS

Section

724.320 Applicability

724.321 Design and Operating Requirements

724.322 Action Leakage Rate

724.323 Response Actions

724.326 Monitoring and Inspection

724.327 Emergency Repairs; Contingency Plans

724.328 Closure and Post-Closure Care

724.329 Special Requirements for Ignitable or Reactive Waste

724.330 Special Requirements for Incompatible Wastes

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

F027

724.332 Air Emission Standards

SUBPART L: WASTE PILES

Section

724.350 Applicability

724.351 Design and Operating Requirements

724.352 Action Leakage Rate

724.353 Response Action Plan

724.354 Monitoring and Inspection

724.356 Special Requirements for Ignitable or Reactive Waste

724.357 Special Requirements for Incompatible Wastes

724.358 Closure and Post-Closure Care

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

F027

SUBPART M: LAND TREATMENT

Section

724.370 Applicability

724.371 Treatment Program

724.372 Treatment Demonstration

724.373 Design and Operating Requirements

724.376 Food-Chain Crops

724.378 Unsaturated Zone Monitoring

724.379 Recordkeeping

724.380 Closure and Post-Closure Care

724.381 Special Requirements for Ignitable or Reactive Waste

724.382 Special Requirements for Incompatible Wastes

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

F027

SUBPART N: LANDFILLS

Section

724.400 Applicability

368

724.401 Design and Operating Requirements

724.402 Action Leakage Rate

724.403 Monitoring and Inspection

724.404 Response Actions

724.409 Surveying and Recordkeeping

724.410 Closure and Post-Closure Care

724.412 Special Requirements for Ignitable or Reactive Waste

724.413 Special Requirements for Incompatible Wastes

724.414 Special Requirements for Bulk and Containerized Liquids

724.415 Special Requirements for Containers

724.416 Disposal of Small Containers of Hazardous Waste in Overpacked Drums (Lab

Packs)

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

F027

SUBPART O: INCINERATORS

Section

724.440 Applicability

724.441 Waste Analysis

724.442 Principal Organic Hazardous Constituents (POHCs)

724.443 Performance Standards

724.444 Hazardous Waste Incinerator Permits

724.445 Operating Requirements

724.447 Monitoring and Inspections

724.451 Closure

SUBPART S: SPECIAL PROVISIONS FOR CLEANUP

Section

724.650 Applicability of Corrective Action Management Unit Regulations

724.651 Grandfathered Corrective Action Management Units

724.652 Corrective Action Management Units

724.653 Temporary Units

724.654 Staging Piles

724.655 Disposal of CAMU-Eligible Wastes in Permitted Hazardous Waste Landfills

SUBPART W: DRIP PADS

Section

724.670 Applicability

724.671 Assessment of Existing Drip Pad Integrity

724.672 Design and Installation of New Drip Pads

724.673 Design and Operating Requirements

724.674 Inspections

724.675 Closure

369

SUBPART X: MISCELLANEOUS UNITS

Section

724.700 Applicability

724.701 Environmental Performance Standards

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

724.703 Post-Closure Care

SUBPART AA: AIR EMISSION STANDARDS FOR PROCESS VENTS

Section

724.930 Applicability

724.931 Definitions

724.932 Standards: Process Vents

724.933 Standards: Closed-Vent Systems and Control Devices

724.934 Test Methods and Procedures

724.935 Recordkeeping Requirements

724.936 Reporting Requirements

SUBPART BB: AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS

Section

724.950 Applicability

724.951 Definitions

724.952 Standards: Pumps in Light Liquid Service

724.953 Standards: Compressors

724.954 Standards: Pressure Relief Devices in Gas/Vapor Service

724.955 Standards: Sampling Connecting Systems

724.956 Standards: Open-ended Valves or Lines

724.957 Standards: Valves in Gas/Vapor or Light Liquid Service

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

724.959 Standards: Delay of Repair

724.960 Standards: Closed-Vent Systems and Control Devices

724.961 Alternative Percentage Standard for Valves

724.962 Skip Period Alternative for Valves

724.963 Test Methods and Procedures

724.964 Recordkeeping Requirements

724.965 Reporting Requirements

SUBPART CC: AIR EMISSION STANDARDS FOR TANKS, SURFACE

IMPOUNDMENTS, AND CONTAINERS

Section

724.980 Applicability

724.981 Definitions

724.982 Standards: General

724.983 Waste Determination Procedures

724.984 Standards: Tanks

724.985 Standards: Surface Impoundments

724.986 Standards: Containers

370

724.987 Standards: Closed-Vent Systems and Control Devices

724.988 Inspection and Monitoring Requirements

724.989 Recordkeeping Requirements

724.990 Reporting Requirements

724.991 Alternative Control Requirements for Tanks (Repealed)

SUBPART DD: CONTAINMENT BUILDINGS

Section

724.1100 Applicability

724.1101 Design and Operating Standards

724.1102 Closure and Post-Closure Care

SUBPART EE: HAZARDOUS WASTE MUNITIONS AND EXPLOSIVES

STORAGE

Section

724.1200 Applicability

724.1201 Design and Operating Standards

724.1202 Closure and Post-Closure Care

724.Appendix A Recordkeeping Instructions

724.Appendix B EPA Report Form and Instructions (Repealed)

724.Appendix D Cochran’s Approximation to the Behrens-Fisher Student’s T-Test

724.Appendix E Examples of Potentially Incompatible Waste

724.Appendix I Groundwater Monitoring List

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

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

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

R84-9 at 9 Ill. Reg. 11964, effective July 24, 1985; amended in R85-22 at 10 Ill. Reg. 1136,

effective January 2, 1986; amended in R86-1 at 10 Ill. Reg. 14119, effective August 12, 1986;

amended in R86-28 at 11 Ill. Reg. 6138, effective March 24, 1987; amended in R86-28 at 11 Ill.

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

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

R87-39 at 12 Ill. Reg. 13135, effective July 29, 1988; amended in R88-16 at 13 Ill. Reg. 458,

effective December 28, 1988; amended in R89-1 at 13 Ill. Reg. 18527, effective November 13,

1989; amended in R90-2 at 14 Ill. Reg. 14511, effective August 22, 1990; amended in R90-10 at

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

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

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

17702, effective November 6, 1992; amended in R92-10 at 17 Ill. Reg. 5806, effective March 26,

1993; amended in R93-4 at 17 Ill. Reg. 20830, effective November 22, 1993; amended in R93-

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

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

amended in R95-6 at 19 Ill. Reg. 9951, effective June 27, 1995; amended in R95-20 at 20 Ill.

Reg. 11244, effective August 1, 1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 636,

371

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

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

in R98-21/R99-2/R99-7 at 23 Ill. Reg. 2186, effective January 19, 1999; amended in R99-15 at

23 Ill. Reg. 9437, effective July 26, 1999; amended in R00-5 at 24 Ill. Reg. 1146, effective

January 6, 2000; amended in R00-13 at 24 Ill. Reg. 9833, effective June 20, 2000; expedited

correction at 25 Ill. Reg. 5115, effective June 20, 2000; amended in R02-1/R02-12/R02-17 at 26

Ill. Reg. 6635, effective April 22, 2002; amended in R03-7 at 27 Ill. Reg. 3725, effective

February 14, 2003; amended in R05-8 at 29 Ill. Reg. 6009, effective April 13, 2005; amended in

R05-2 at 29 Ill. Reg. 6365, effective April 22, 2005; amended in R06-5/R06-6/R06-7 at 30 Ill.

Reg. 3196, effective February 23, 2006; amended in R06-16/R06-17/R06-18 at 30 Ill. Reg.

________, effective ______________________.

SUBPART A: GENERAL PROVISIONS

Section 724.101 Purpose, Scope, and Applicability

a) The purpose of this Part is to establish minimum standards that define the

acceptable management of hazardous waste.

b) The standards in this Part apply to owners and operators of all facilities that treat,

store, or dispose of hazardous waste, except as specifically provided otherwise in

this Part or 35 Ill. Adm. Code 721.

c) The requirements of this Part apply to a person disposing of hazardous waste by

means of ocean disposal subject to a permit issued under pursuant to the federal

Marine Protection, Research and Sanctuaries Act (16 USC 1431-1434, 33 USC

1401 et seq.) only to the extent they are included in a RCRA permit by rule granted

to such a person under pursuant to 35 Ill. Adm. Code 703.141. A “RCRA permit”

is a permit required by Section 21(f) of the Environmental Protection Act [415

ILCS 5/21(f)] and 35 Ill. Adm. Code 703.121.

BOARD NOTE: This Part does apply to the treatment or storage of hazardous

waste before it is loaded onto an ocean vessel for incineration or disposal at sea.

d) The requirements of this Part apply to a person disposing of hazardous waste by

means of underground injection subject to a permit issued by the Agency pursuant

to Section 12(g) of the Environmental Protection Act [415 ILCS 5/12(g)] only to the

extent they are required by Subpart F of 35 Ill. Adm. Code 704.

BOARD NOTE: This Part does apply to the above-ground treatment or storage of

hazardous waste before it is injected underground.

e) The requirements of this Part apply to the owner or operator of a POTW (publicly

owned treatment works) that treats, stores, or disposes of hazardous waste only to

the extent included in a RCRA permit by rule granted to such a person under

pursuant to 35 Ill. Adm. Code 703.141.

372

f) This subsection (f) corresponds with 40 CFR 264.1(f), which provides that the

federal regulations do not apply to T/S/D activities in authorized states, except

under limited, enumerated circumstances. This statement maintains structural

consistency with USEPA rules.

g) The requirements of this Part do not apply to the following:

1) The owner or operator of a facility permitted by the Agency under pursuant

to Section 21 of the Environmental Protection Act [415 ILCS 5/21] to

manage municipal or industrial solid waste, if the only hazardous waste the

facility treats, stores, or disposes of is excluded from regulation under

pursuant to this Part by 35 Ill. Adm. Code 721.105.

BOARD NOTE: The owner or operator may be subject to 35 Ill. Adm.

Code 807 and may have to have a supplemental permit under pursuant to 35

Ill. Adm. Code 807.210.

2) The owner or operator of a facility managing recyclable materials described

in 35 Ill. Adm. Code 721.106(a)(2) through (a)(4) (except to the extent that

requirements of this Part are referred to in Subpart C, F, G, or H of 35 Ill.

Adm. Code 726 or 35 Ill. Adm. Code 739).

3) A generator accumulating waste on-site in compliance with 35 Ill. Adm.

Code 722.134.

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

compliance with 35 Ill. Adm. Code 722.170.

5) The owner or operator of a totally enclosed treatment facility, as defined in

35 Ill. Adm. Code 720.110.

6) The owner or operator of an elementary neutralization unit or a wastewater

treatment unit, as defined in 35 Ill. Adm. Code 720.110, provided that if the

owner or operator is diluting hazardous ignitable (D001) wastes (other than

the D001 High TOC Subcategory defined in Table T to 35 Ill. Adm. Code

728) or reactive (D003) waste to remove the characteristic before land

disposal, the owner or operator must comply with the requirements set out

in Section 724.117(b).

7) This subsection (g)(7) corresponds with 40 CFR 264.1(g)(7), reserved by

USEPA. This statement maintains structural consistency with USEPA

rules.

8) Immediate response.

373

A) Except as provided in subsection (g)(8)(B) of this Section, a person

engaged in treatment or containment activities during immediate

response to any of the following situations:

i) A discharge of a hazardous waste;

ii) An imminent and substantial threat of a discharge of

hazardous waste;

iii) A discharge of a material that becomes a hazardous waste

when discharged; or

iv) An immediate threat to human health, public safety,

property, or the environment from the known or suspected

presence of military munitions, other explosive material, or

an explosive device, as determined by an explosives or

munitions emergency response specialist as defined in 35

Ill. Adm. Code 720.110.

B) An owner or operator of a facility otherwise regulated by this Part

must comply with all applicable requirements of Subparts C and D

of this Part.

C) Any person that is covered by subsection (g)(8)(A) of this Section

and that continues or initiates hazardous waste treatment or

containment activities after the immediate response is over is subject

to all applicable requirements of this Part and 35 Ill. Adm. Code

702, 703, and 705 for those activities.

D) In the case of an explosives or munitions emergency response, if a

federal, State, or local official acting within the scope of his or her

official responsibilities or an explosives or munitions emergency

response specialist determines that immediate removal of the

material or waste is necessary to adequately protect human health

or the environment, that official or specialist may authorize the

removal of the material or waste by transporters that do not have

USEPA identification numbers and without the preparation of a

manifest. In the case of emergencies involving military munitions,

the responding military emergency response specialist’s

organizational unit must retain records for three years identifying

the dates of the response, the responsible persons responding, the

type and description of material addressed, and its disposition.

9) A transporter storing manifested shipments of hazardous waste in containers

meeting the requirements of 35 Ill. Adm. Code 722.130 at a transfer facility

for a period of ten days or less.

374

10) The addition of absorbent materials to waste in a container (as defined in 35

Ill. Adm. Code 720) or the addition of waste to absorbent material in a

container, provided these actions occur at the time waste is first placed in

the container, and Sections 724.117(b), 724.271, and 724.272 are complied

with.

11) A universal waste handler or universal waste transporter (as defined in 35

Ill. Adm. Code 720.110) that handles any of the wastes listed below is

subject to regulation under pursuant to 35 Ill. Adm. Code 733 when

handling the following universal wastes:

A) Batteries, as described in 35 Ill. Adm. Code 733.102;

B) Pesticides, as described in 35 Ill. Adm. Code 733.103;

C) Thermostats,

Mercury-containing equipment, as described in 35 Ill.

Adm. Code 733.104;

D) 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: Subsection (g)(11)(E) of this Section 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] (See P.A. 93-964, effective

August 20, 2004).

h) This Part applies to owners and operators of facilities that treat, store, or dispose of

hazardous wastes referred to in 35 Ill. Adm. Code 728.

i) 35 Ill. Adm. Code 726.505 identifies when the requirements of this Part apply to

the storage of military munitions classified as solid waste under pursuant to 35 Ill.

Adm. Code 726.302. The treatment and disposal of hazardous waste military

munitions are subject to the applicable permitting, procedural, and technical

standards in 35 Ill. Adm. Code 702, 703, 705, 720 through 726, and 728, and 738.

j) The requirements of Subparts B, C, and D of this Part and Section 724.201 do not

apply to remediation waste management sites. (However, some remediation waste

management sites may be a part of a facility that is subject to a traditional RCRA

permit because the facility is also treating, storing, or disposing of hazardous wastes

that are not remediation wastes. In these cases, Subparts B, C, and D of this Part,

and Section 724.201 do apply to the facility subject to the traditional RCRA

permit.) Instead of the requirements of Subparts B, C, and D of this Part, owners or

operators of remediation waste management sites must comply with the following

375

requirements:

1) The owner or operator must obtain a USEPA identification number by

applying to USEPA using USEPA Form 8700-12;

2) The owner or operator must obtain a detailed chemical and physical analysis

of a representative sample of the hazardous remediation wastes to be

managed at the site. At a minimum, the analysis must contain all of the

information that must be known to treat, store, or dispose of the waste

according to this Part and 35 Ill. Adm. Code 728, and the owner or operator

must keep the analysis accurate and up to date;

3) The owner or operator must prevent people who are unaware of the danger

from entering the site, and the owner or operator must minimize the

possibility for unauthorized people or livestock entering onto the active

portion of the remediation waste management site, unless the owner or

operator can demonstrate the following to the Agency:

A) That physical contact with the waste, structures, or equipment within

the active portion of the remediation waste management site will not

injure people or livestock that may enter the active portion of the

remediation waste management site; and

B) That disturbance of the waste or equipment by people or livestock

that enter onto the active portion of the remediation waste

management site will not cause a violation of the requirements of

this Part;

4) The owner or operator must inspect the remediation waste management site

for malfunctions, deterioration, operator errors, and discharges that may be

causing or may lead to a release of hazardous waste constituents to the

environment or a threat to human health. The owner or operator must

conduct these inspections often enough to identify problems in time to

correct them before they harm human health or the environment, and the

owner or operator must remedy the problem before it leads to a human

health or environmental hazard. Where a hazard is imminent or has already

occurred, the owner or operator must immediately take remedial action;

5) The owner or operator must provide personnel with classroom or on-the-job

training on how to perform their duties in a way that ensures the remediation

waste management site complies with the requirements of this Part, and on

how to respond effectively to emergencies;

6) The owner or operator must take precautions to prevent accidental ignition

or reaction of ignitable or reactive waste, and the owner or operator must

prevent threats to human health and the environment from ignitable,

376

reactive, and incompatible waste;

7) For remediation waste management sites subject to regulation under

Subparts I through O and Subpart X of this Part, the owner or operator must

design, construct, operate, and maintain a unit within a 100-year floodplain

to prevent washout of any hazardous waste by a 100-year flood, unless the

owner or operator can meet the requirements of Section 724.118(b);

8) The owner or operator must not place any non-containerized or bulk liquid

hazardous waste in any salt dome formation, salt bed formation,

underground mine, or cave;

9) The owner or operator must develop and maintain a construction quality

assurance program for all surface impoundments, waste piles, and landfill

units that are required to comply with Sections 724.321(c) and (d),

724.351(c) and (d), and 724.401(c) and (d) at the remediation waste

management site, according to the requirements of Section 724.119;

10) The owner or operator must develop and maintain procedures to prevent

accidents and a contingency and emergency plan to control accidents that

occur. These procedures must address proper design, construction,

maintenance, and operation of remediation waste management units at the

site. The goal of the plan must be to minimize the possibility of, and the

hazards from, a fire, explosion, or any unplanned sudden or non-sudden

release of hazardous waste or hazardous waste constituents to air, soil, or

surface water that could threaten human health or the environment. The

plan must explain specifically how to treat, store, and dispose of the

hazardous remediation waste in question, and must be implemented

immediately whenever a fire, explosion, or release of hazardous waste or

hazardous waste constituents occurs that could threaten human health or

the environment;

11) The owner or operator must designate at least one employee, either on the

facility premises or on call (that is, available to respond to an emergency by

reaching the facility quickly), to coordinate all emergency response

measures. This emergency coordinator must be thoroughly familiar with all

aspects of the facility’s contingency plan, all operations and activities at the

facility, the location and characteristics of waste handled, the location of all

records within the facility, and the facility layout. In addition, this person

must have the authority to commit the resources needed to carry out the

contingency plan;

12) The owner or operator must develop, maintain, and implement a plan to

meet the requirements in subsections (j)(2) through (j)(6) and (j)(9) through

(j)(10) of this Section; and

377

13) The owner or operator must maintain records documenting compliance with

subsections (j)(1) through (j)(12) of this Section.

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

Section 724.104 Electronic Document Filing

The filing of any document pursuant to any provision of this Part as an electronic document is

subject to 35 Ill. Adm. Code 720.104.

BOARD NOTE: Derived from 40 CFR 3, as added, and 40 CFR 271.10(b), 271.11(b), and

271.12(h) (2005), as amended at 70 Fed. Reg. 59848 (Oct. 13, 2005).

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

SUBPART D: CONTINGENCY PLAN AND EMERGENCY PROCEDURES

Section 724.156 Emergency Procedures

a) Whenever there is an imminent or actual emergency situation, the emergency

coordinator (or the designee when the emergency coordinator is on call) must

immediately do the following:

1) He or she must activate internal facility alarms or communication systems,

where applicable, to notify all facility personnel; and

2) He or she must notify appropriate State or local agencies with designated

response roles if their help is needed.

b) Whenever there is a release, fire, or explosion, the emergency coordinator must

immediately identify the character, exact source, amount, and areal extent of any

released materials. The emergency coordinator may do this by observation or

review of facility records or manifests and, if necessary, by chemical analysis.

c) Concurrently, the emergency coordinator must assess possible hazards to human

health or the environment that may result from the release, fire, or explosion.

This assessment must consider both direct and indirect effects of the release, fire,

or explosion (e.g., the effects of any toxic, irritating, or asphyxiating gases that

are generated, or the effects of any hazardous surface water run-off from water or

chemical agents used to control fire and heat-induced explosions).

d) If the emergency coordinator determines that the facility has had a release, fire, or

explosion that could threaten human health or the environment outside the

facility, the emergency coordinator must report the findings as follows:

1) If the assessment indicates that evacuation of local areas may be

378

advisable, the emergency coordinator must immediately notify appropriate

local authorities. The emergency coordinator must be available to help

appropriate officials decide whether local areas should be evacuated; and

2) The emergency coordinator must immediately notify either the

government official designated as the on-scene coordinator for that

geographical area (in the applicable regional contingency plan under

pursuant to federal 40 CFR 300) or the National Response Center (using

their 24-hour toll free number 800-424-8802). The report must include

the following:

A) Name,

The name and telephone number of the owner or operator;

B) Name,

The name and address of the facility;

C) Time

The time and type of incident (e.g., release, fire);

D) Name

The name and quantity of materials involved, to the extent

known;

E) The extent of injuries, if any; and

F) The possible hazards to human health or the environment outside

the facility.

e) During an emergency, the emergency coordinator must take all reasonable

measures necessary to ensure that fires, explosions, and releases do not occur,

recur, or spread to other hazardous waste at the facility. These measures must

include, where applicable, stopping processes and operations, collecting and

containing release waste, and removing or isolating containers.

f) If the facility stops operations in response to a fire, explosion, or release, the

emergency coordinator must monitor for leaks, pressure buildup, gas generation,

or ruptures in valves, pipes, or other equipment, wherever this is appropriate.

g) Immediately after an emergency, the emergency coordinator must provide for

treating, storing, or disposing of recovered waste, contaminated soil or surface

water, or any other material that results from a release, fire, or explosion at the

facility.

BOARD NOTE: Unless the owner or operator can demonstrate, in accordance

with 35 Ill. Adm. Code 721.103(d) or (e), that the recovered material is not a

hazardous waste, the owner or operator becomes a generator of hazardous waste

and must manage it in accordance with all applicable requirements of 35 Ill. Adm.

Code 722, 723, and 724.

379

h) The emergency coordinator must ensure that the following is true in the affected

areas of the facility:

1) No waste that may be incompatible with the released material is treated,

stored, or disposed of until cleanup procedures are completed; and

2) All emergency equipment listed in the contingency plan is cleaned and fit

for its intended use before operations are resumed.

i) The owner or operator must notify the Agency and appropriate state and local

authorities that the facility is in compliance with subsection (h) of this Section

before operations are resumed in the affected areas of the facility.

j) The owner or operator must note in the operating record the time, date, and details

of any incident that requires implementing the contingency plan. Within 15 days

after the incident, the owner or operator must submit a written report on the

incident to the Agency. The report must include the following:

1) The name, address, and telephone number of the owner or operator;

2) The name, address, and telephone number of the facility;

3) The date, time, and type of incident (e.g., fire, explosion);

4) The name and quantity of materials involved;

5) The extent of injuries, if any;

6) An assessment of actual or potential hazards to human health or the

environment, where this is applicable; and

7) The estimated quantity and disposition of recovered material that resulted

from the incident.

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

SUBPART F: RELEASES FROM SOLID WASTE MANAGEMENT UNITS

Section 724.190 Applicability

a) Types of units.

1) Except as provided in subsection (b) of this Section, the regulations in this

Subpart F apply to owners and operators of facilities that treat, store or

dispose of hazardous waste. The owner or operator must satisfy the

requirements identified in subsection (a)(2) of this Section for all wastes

380

(or constituents thereof) contained in solid waste management units at the

facility regardless of the time at which waste was placed in such units.

2) All solid waste management units must comply with the requirements in

Section 724.201. A surface impoundment, waste pile, land treatment unit

or landfill that receives hazardous waste after July 26, 1982 (referred to in

this Subpart F as a “regulated unit”) must comply with the requirements of

Sections 724.191 through 724.200 in lieu of Section 724.201 for purposes

of detecting, characterizing, and responding to releases to the uppermost

aquifer. The financial responsibility requirements of Section 724.201

apply to regulated units.

b) The owner or operator’s regulated unit or units are not subject to regulation for

releases into the uppermost aquifer under this Subpart F if the following is true:

1) The owner or operator is exempted under pursuant to Section 724.101; or

2) The owner or operator operates a unit that the Agency finds:

A) Is an engineered structure.

B) Does not receive or contain liquid waste or waste containing free

liquids.

C) Is designed and operated to exclude liquid, precipitation, and other

runon and runoff.

D) Has both inner and outer layers of containment enclosing the

waste.

E) Has a leak detection system built into each containment layer.

F) The owner or operator will provide continuing operation and

maintenance of these leak detection systems during the active life

of the unit and the closure and post-closure care periods.

G) To a reasonable degree of certainty, will not allow hazardous

constituents to migrate beyond the outer containment layer prior to

the end of the post-closure care period; or

3) The Agency finds, pursuant to Section 724.380(d), that the treatment zone

of a land treatment unit that qualifies as a regulated unit does not contain

levels of hazardous constituents that are above background levels of those

constituents by an amount that is statistically significant, and if an

unsaturated zone monitoring program meeting the requirements of Section

724.378 has not shown a statistically significant increase in hazardous

381

constituents below the treatment zone during the operating life of the unit.

An exemption under pursuant to this subsection (b) can only relieve an

owner or operator of responsibility to meet the requirements of this

Subpart F during the post-closure care period; or

4) The Agency finds that there is no potential for migration of liquid from a

regulated unit to the uppermost aquifer during the active life of the

regulated unit (including the closure period) and the post-closure care

period specified under pursuant to Section 724.217. This demonstration

must be certified by a qualified geologist or geotechnical engineer. In

order to provide an adequate margin of safety in the prediction of potential

migration of liquid, the owner or operator must base any predictions made

under pursuant to this subsection (b) on assumptions that maximize the

rate of liquid migration; or

5) The owner or operator designs and operates a pile in compliance with

Section 724.350(c).

c) The regulations under this Subpart F apply during the active life of the regulated

unit (including the closure period). After closure of the regulated unit, the

following is true of the applicability of the regulations in this Subpart F:

1) Do not apply if all waste, waste residues, contaminated containment

system components, and contaminated subsoils are removed or

decontaminated at closure;

2) Apply during the post-closure care period under pursuant to Section

724.217 if the owner or operator is conducting a detection monitoring

program under pursuant to Section 724.198; or

3) Apply during the compliance period under pursuant to Section 724.196 if

the owner or operator is conducting a compliance monitoring program

under pursuant to Section 724.199 or a corrective action program under

pursuant to Section 724.200.

d) This Subpart F applies to miscellaneous units if necessary to comply with

Sections 724.701 through 724.703.

e) The regulations of this Subpart F apply to all owners and operators subject to the

requirements of 35 Ill. Adm. Code 703.161, when the Agency issues a post-closure

care permit or other enforceable document that contains alternative requirements for

the facility, as provided in 35 Ill. Adm. Code 703.161. When alternative

requirements apply to a facility, a reference in this Subpart F to “in the permit” must

mean “in the enforceable document.”

f) A permit or enforceable document can contain alternative requirements for

382

groundwater monitoring and corrective action for releases to groundwater

applicable to a regulated unit that replace all or part of the requirements of 35 Ill.

Adm. Code 724.191 through 724.200, as provided under pursuant to 35 Ill. Adm.

Code 703.161, where the Board or Agency determines the following:

1) The regulated unit is situated among solid waste management units (or areas

of concern), a release has occurred, and both the regulated unit and one or

more solid waste management units (or areas of concern) are likely to have

contributed to the release; and

2) It is not necessary to apply the groundwater monitoring and corrective

action requirements of 35 Ill. Adm. Code 724.191 through 724.200 because

alternative requirements will adequately protect human health and the

environment.

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

Section 724.191 Required Programs

a) Owners and operators subject to this Subpart F must conduct a monitoring and

response program as follows:

1) Whenever hazardous constituents under pursuant to Section 724.193 from

a regulated unit are detected at a compliance point under pursuant to

Section 724.195, the owner or operator must institute a compliance

monitoring program under pursuant to Section 724.199. “Detected” is

defined as statistically significant evidence of contamination, as described

in Section 724.198(f).

2) Whenever the groundwater protection standard under pursuant to Section

724.192 is exceeded, the owner or operator must institute a corrective

action program under pursuant to Section 724.200. “Exceeded” is defined

as statistically significant evidence of increased contamination, as

described in Section 724.199(d).

3) Whenever hazardous constituents under pursuant to Section 724.193 from

a regulated unit exceed concentration limits under pursuant to Section

724.194 in groundwater between the compliance point under pursuant to

Section 724.195 and the downgradient facility property boundary, the

owner or operator must institute a corrective action program under

pursuant to Section 724.200; or

4) In all other cases, the owner or operator must institute a detection

monitoring program under pursuant to Section 724.198.

b) The Agency must specify in the facility permit the specific elements of the

383

monitoring and response program. The Agency may include one or more of the

programs identified in subsection (a) of this Section in the facility permit as may

be necessary to adequately protect human health and the environment and must

specify the circumstances under which each of the programs will be required. In

deciding whether to require the owner or operator to be prepared to institute a

particular program, the Agency must consider the potential adverse effects on

human health and the environment that might occur before final administrative

action on a permit modification application to incorporate such a program could

be taken.

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

Section 724.197 General Groundwater Monitoring Requirements

The owner or operator must comply with the following requirements for any groundwater

monitoring program developed to satisfy Section 724.198, 724.199, or 724.200.

a) The groundwater monitoring system must consist of a sufficient number of wells,

installed at appropriate locations and depths to yield groundwater samples from

the uppermost aquifer that fulfill the following requirements:

1) They represent the quality of background water that has not been affected

by leakage from a regulated unit. A determination of background quality

may include sampling of wells that are not hydraulically upgradient from

the waste management area where the following is true:

A) Hydrogeologic conditions do not allow the owner or operator to

determine what wells are upgradient; or

B) Sampling at other wells will provide an indication of background

groundwater quality that is as representative or more representative

than that provided by the upgradient wells;

2) They represent the quality of groundwater passing the point of

compliance; and

3) They allow for the detection of contamination when hazardous waste or

hazardous constituents have migrated from the hazardous waste

management area to the uppermost aquifer.

b) If a facility contains more than one regulated unit, separate groundwater

monitoring systems are not required for each regulated unit provided that

provisions for sampling the groundwater in the uppermost aquifer will enable

detection and measurement at the compliance point of hazardous constituents

from the regulated units that have entered the groundwater in the uppermost

aquifer.

384

c) All monitoring wells must be cased in a manner that maintains the integrity of the

monitoring well bore hole. This casing must be screened or perforated and

packed with gravel or sand, where necessary, to enable collection of groundwater

samples. The annular space (i.e., the space between the bore hole and well

casing) above the sampling depth must be sealed to prevent contamination of

samples and the groundwater.

d) The groundwater monitoring program must include consistent sampling and

analysis procedures that are designed to ensure monitoring results that provide a

reliable indication of groundwater quality below the waste management area. At

a minimum the program must include procedures and techniques for the

following:

1) Sample collection;

2) Sample preservation and shipment;

3) Analytical procedures; and

4) Chain of custody control.

e) The groundwater monitoring program must include sampling and analytical

methods that are appropriate for groundwater sampling and that accurately

measure hazardous constituents in groundwater samples.

f) The groundwater monitoring program must include a determination of the

groundwater surface elevation each time groundwater is sampled.

g) In detection monitoring or where appropriate in compliance monitoring, data on

each hazardous constituent specified in the permit will be collected from

background wells and wells at the compliance points. The number and kinds of

samples collected to establish background must be appropriate for the form of

statistical test employed, following generally accepted statistical principles. The

sample size must be as large as necessary to ensure with reasonable confidence

that a contaminant release to groundwater from a facility will be detected. The

owner or operator will determine an appropriate sampling procedure and interval

for each hazardous constituent listed in the facility permit that must be specified

in the unit permit upon approval by the Agency. This sampling procedure must

fulfill the following requirements:

1) It may be a sequence of at least four samples, taken at an interval that

assures, to the greatest extent technically feasible, that an independent

sample is obtained, by reference to the uppermost aquifer’s effective

porosity, hydraulic conductivity and hydraulic gradient, and the fate and

transport characteristics of the potential contaminants; or

385

2) It may be an alternate sampling procedure proposed by the owner or

operator and approved by the Agency.

h) The owner or operator must specify one of the following statistical methods to be

used in evaluating groundwater monitoring data for each hazardous constituent

that, upon approval by the Agency, will be specified in the unit permit. The

statistical test chosen must be conducted separately for each hazardous constituent

in each well. Where practical quantification limits (pqls) are used in any of the

following statistical procedures to comply with subsection (i)(5) of this Section,

the pql must be proposed by the owner or operator and approved by the Agency.

Use of any of the following statistical methods must be protective of adequately

protect human health and the environment and must comply with the performance

standards outlined in subsection (i) of this Section.

1) A parametric analysis of variance (ANOVA) followed by multiple

comparisons procedures to identify statistically significant evidence of

contamination. The method must include estimation and testing of the

contrasts between each compliance well’s mean and the background mean

levels for each constituent.

2) An analysis of variance (ANOVA) based on ranks followed by multiple

comparisons procedures to identify statistically significant evidence of

contamination. The method must include estimation and testing of the

contrasts between each compliance well’s median and the background

median levels for each constituent.

3) A tolerance or prediction interval procedure in which an interval for each

constituent is established from the distribution of the background data, and

the level of each constituent in each compliance well is compared to the

upper tolerance or prediction limit.

4) A control chart approach that gives control limits for each constituent.

5) Another statistical test method submitted by the owner or operator and

approved by the Agency.

i) Any statistical method chosen under pursuant to subsection (h) of this Section for

specification in the unit permit must comply with the following performance

standards, as appropriate:

1) The statistical method used to evaluate groundwater monitoring data must

be appropriate for the distribution of chemical parameters or hazardous

constituents. If the distribution of the chemical parameters or hazardous

constituents is shown by the owner or operator to be inappropriate for a

normal theory test, then the data should be transformed or a distribution-

386

free theory test should be used. If the distributions for the constituents

differ, more than one statistical method may be needed.

2) If an individual well comparison procedure is used to compare an

individual compliance well constituent concentration with background

constituent concentrations or a groundwater protection standard, the test

must be done at a Type I error level no less than 0.01 for each testing

period. If a multiple comparisons procedure is used, the Type I

experimentwise error rate for each testing period must be no less than

0.05; however, the Type I error of no less than 0.01 for individual well

comparisons must be maintained. This performance standard does not

apply to tolerance intervals, prediction intervals or control charts.

3) If a control chart approach is used to evaluate groundwater monitoring

data, the specific type of control chart and its associated parameter value

must be proposed by the owner or operator and approved by the Agency if

the Agency finds it to be protective of adequately protect human health

and the environment.

4) If a tolerance interval or a prediction interval is used to evaluate

groundwater monitoring data, the levels of confidence and, for tolerance

intervals, the percentage of the population that the interval must contain,

must be proposed by the owner or operator and approved by the Agency if

the Agency finds these parameters to be protective of adequately protect

human health and the environment. These parameters will be determined

after considering the number of samples in the background database, the

data distribution, and the range of the concentration values for each

constituent of concern.

5) The statistical method must account for data below the limit of detection

with one or more statistical procedures that are protective of adequately

protect human health and the environment. Any practical quantification

limit (pql) approved by the Agency under pursuant to subsection (h) of

this Section that is used in the statistical method must be the lowest

concentration level that can be reliably achieved within specified limits of

precision and accuracy during routine laboratory operating conditions that

are available to the facility.

6) If necessary, the statistical method must include procedures to control or

correct for seasonal and spatial variability, as well as temporal correlation

in the data.

j) Groundwater monitoring data collected in accordance with subsection (g) of this

Section, including actual levels of constituents, must be maintained in the facility

operating record. The Agency must specify in the permit when the data must be

submitted for review.

387

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

Section 724.200 Corrective Action Program

An owner or operator required to establish a corrective action program under pursuant to this

Subpart F must, at a minimum, discharge the following responsibilities:

a) The owner or operator must take corrective action to ensure that regulated units

are in compliance with the groundwater protection standard under pursuant to

Section 724.192. The Agency must specify the groundwater protection standard

in the facility permit, including the following:

1) A list of the hazardous constituents identified under pursuant to Section

724.193;

2) Concentration limits under pursuant to Section 724.194 for each of those

hazardous constituents;

3) The compliance point under pursuant to Section 724.195; and

4) The compliance period under pursuant to Section 724.196.

b) The owner or operator must implement a corrective action program that prevents

hazardous constituents from exceeding their respective concentration limits at the

compliance point by removing the hazardous waste constituents or treating them

in place. The permit will specify the specific measures that must be taken.

c) The owner or operator must begin corrective action within a reasonable time

period after the groundwater protection standard is exceeded. The Agency must

specify that time period in the facility permit. If a facility permit includes a

corrective action program in addition to a compliance monitoring program, the

permit will specify when the corrective action must begin and such a requirement

will operate in lieu of Section 724.199(i)(2).

d) In conjunction with a corrective action program, the owner or operator must

establish and implement a groundwater monitoring program to demonstrate the

effectiveness of the corrective action program. Such a monitoring program may

be based on the requirements for a compliance monitoring program under

pursuant to Section 724.199 and must be as effective as that program in

determining compliance with the groundwater protection standard under pursuant

to Section 724.192 and in determining the success of a corrective action program

under pursuant to subsection (e) of this Section where appropriate.

e) In addition to the other requirements of this Section, the owner or operator must

conduct a corrective action program to remove or treat in place any hazardous

388

constituents under pursuant to Section 724.193 that exceed concentration limits

under pursuant to Section 724.194 in groundwater, as follows:

1) At the following locations:

A) Between the compliance point under pursuant to Section 724.195

and the downgradient facility property boundary; and

B) Beyond the facility boundary, where necessary to adequately

protect human health and the environment, unless the owner or

operator demonstrates to the Agency that, despite the owner’s or

operator’s best efforts, the owner or operator was unable to obtain

the necessary permission to undertake such action. The owner and

operator are not relieved of all responsibility to clean up a release

that has migrated beyond the facility boundary where off-site

access is denied. On-site measures to address such releases will be

determined on a case-by-case basis.

2) The permit will specify the following measures to be taken:

A) Corrective action measures under pursuant to this subsection (e)

must be initiated and completed within a reasonable period of time

considering the extent of contamination.

B) Corrective action measures under pursuant to this subsection (e)

may be terminated once the concentration of hazardous

constituents under pursuant to Section 724.193 is reduced to levels

below their respective concentration limits under pursuant to

Section 724.194.

f) The owner or operator must continue corrective action measures during the

compliance period to the extent necessary to ensure that the groundwater

protection standard is not exceeded. If the owner or operator is conducting

corrective action at the end of the compliance period, the owner or operator must

continue that corrective action for as long as necessary to achieve compliance

with the groundwater protection standard. The owner or operator may terminate

corrective action measures taken beyond the period equal to the active life of the

waste management area (including the closure period) if the owner or operator

can demonstrate, based on data from the groundwater monitoring program under

pursuant to subsection (d) of this Section, that the groundwater protection

standard of Section 724.192 has not been exceeded for a period of three

consecutive years.

g) The owner or operator must report in writing to the Agency on the effectiveness

of the corrective action program. The owner or operator must submit these

reports semi-annually.

389

h) If the owner or operator determines that the corrective action program no longer

satisfies the requirements of this Section, the owner or operator must, within 90

days, submit an application for a permit modification to make any appropriate

changes to the program.

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

Section 724.201 Corrective Action for Solid Waste Management Units

a) The owner or operator of a facility seeking a permit for the treatment, storage, or

disposal of hazardous waste must institute corrective action as necessary to

adequately protect human health and the environment for all releases of hazardous

waste or constituents from any solid waste management unit at the facility,

regardless of the time at which waste was placed in such unit.

b) Corrective action will be specified in the permit in accordance with this Section

and Subpart S of this Part. The permit will contain schedules of compliance for

such corrective action (where such corrective action cannot be completed prior to

issuance of the permit) and assurances of financial responsibility for completing

such corrective action.

c) The owner or operator must implement corrective action measures beyond the

facility property boundary, where necessary to adequately protect human health

and the environment, unless the owner or operator demonstrates to the Agency

that, despite the owner or operator’s best efforts, the owner or operator was

unable to obtain the necessary permission to undertake such actions. The owner

and operator are not relieved of all responsibility to clean up a release that has

migrated beyond the facility boundary where off-site access is denied. On-site

measures to address such releases will be determined on a case-by-case basis.

Assurances of financial responsibility for such corrective action must be

provided.

d) The requirements of this Section do not apply to remediation waste management

sites unless they are part of a facility subject to a permit for treating, storing, or

disposing of hazardous wastes that are not remediation wastes.

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

SUBPART G: CLOSURE AND POST-CLOSURE CARE

Section 724.210 Applicability

Except as Section 724.101 provides otherwise, the following are required:

390

a) Section 724.211 through 724.215 (which concern closure) apply to the owners

and operators of all hazardous waste management facilities;

b) Sections 724.216 through 724.220 (which concern post-closure care) apply to the

owners and operators of the following:

1) All hazardous waste disposal facilities;

2) Waste piles and surface impoundments from which the owner or operator

intends to remove the wastes at closure, to the extent that Sections

724.216 through 724.220 are made applicable to such facilities in Sections

724.328 or 724.358;

3) Tank systems that are required under pursuant to Section 724.297 to meet

the requirements for landfills; or

4) Containment buildings that are required under pursuant to Section

724.1102 to meet the requirements for landfills; and

c) A permit or enforceable document can contain alternative requirements that replace

all or part of the closure and post-closure care requirements of this Subpart G (and

the unit-specific standards referenced in Section 724.211(c) applying to a regulated

unit) with alternative requirements set out in a permit or other enforceable

document, as provided under pursuant to 35 Ill. Adm. Code 703.161, where the

Board or Agency determines the following:

1) The regulated unit is situated among solid waste management units (or areas

of concern), a release has occurred, and both the regulated unit and one or

more solid waste management units (or areas of concern) are likely to have

contributed to the release; and

2) It is not necessary to apply the closure requirements of this Subpart G (and

those referenced herein) because the alternative requirements will

adequately protect human health and the environment and will satisfy the

closure performance standard of Section 724.211 (a) and (b).

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

Section 724.211 Closure Performance Standard

The owner or operator must close the facility in a manner that does the following:

a) Minimizes

The closure the need for further maintenance;

b) Controls,

The closure controls, minimizes, or eliminates, to the extent necessary

to adequately protect to human health and the environment, post-closure escape of

391

hazardous waste, hazardous constituents, leachate, contaminated run-off, or

hazardous decomposition products to the ground or surface waters or to the

atmosphere; and

c) Complies

The closure complies with the closure requirements of this Part

including, but not limited to, the requirements of Sections 724.278, 724.297,

724.328, 724.358, 724.380, 724.410, 724.451 and 724.701 through 724.703, and

724.1102.

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

Section 724.212 Closure Plan; Amendment of Plan

a) Written plan required.

1) The owner or operator of a hazardous waste management facility must

have a written closure plan. In addition, certain surface impoundments

and waste piles from which the owner or operator intends to remove or

decontaminate the hazardous waste at partial or final closure are required

by Sections 724.328(c)(1)(A) and 724.358(c)(1)(A) to have contingent

closure plans. The plan must be submitted with the permit application, in

accordance with 35 Ill. Adm. Code 703.183, and approved by the Agency

as part of the permit issuance proceeding under pursuant to 35 Ill. Adm.

Code 705. In accordance with 35 Ill. Adm. Code 703.241, the approved

closure plan will become a condition of any RCRA permit.

2) The Agency’s approval of the plan must ensure that the approved closure

plan is consistent with Sections 724.211 through 724.215 and the

applicable requirements of Sections 724.190 et seq., 724.278, 724.297,

724.328, 724.358, 724.380, 724.410, 724.451, 724.701, and 724.1102.

Until final closure is completed and certified in accordance with Section

724.215, a copy of the approved plan and approved revisions must be

furnished to the Agency upon request, including requests by mail.

b) Content of plan. The plan must identify steps necessary to perform partial or final

closure of the facility at any point during its active life. The closure plan must

include, at least the following:

1) A description of how each hazardous waste management unit at the

facility will be closed in accordance with Section 724.211;

2) A description of how final closure of the facility will be conducted in

accordance with Section 724.211. The description must identify the

maximum extent of the operations that will be unclosed during the active

life of the facility;

392

3) An estimate of the maximum inventory of hazardous wastes ever on-site

over the active life of the facility and a detailed description of the methods

to be used during partial closures and final closure, including, but not

limited to, methods for removing, transporting, treating, storing, or

disposing of all hazardous wastes, and identification of the types of off-

site hazardous waste management units to be used, if applicable;

4) A detailed description of the steps needed to remove or decontaminate all

hazardous waste residues and contaminated containment system

components, equipment, structures, and soils during partial and final

closure, including, but not limited to, procedures for cleaning equipment

and removing contaminated soils, methods for sampling and testing

surrounding soils, and criteria for determining the extent of

decontamination required to satisfy the closure performance standard;

5) A detailed description of other activities necessary during the closure

period to ensure that all partial closures and final closure satisfy the

closure performance standards, including, but not limited to, groundwater

monitoring, leachate collection, and runon and runoff control;

6) A schedule for closure of each hazardous waste management unit and for

final closure of the facility. The schedule must include, at a minimum, the

total time required to close each hazardous waste management unit and the

time required for intervening closure activities that will allow tracking of

the progress of partial and final closure (For example, in the case of a

landfill unit, estimates of the time required to treat and dispose of all

hazardous waste inventory and of the time required to place a final cover

must be included.);

7) For facilities that use trust funds to establish financial assurance under

pursuant to Section 724.243 or 724.245 and that are expected to close

prior to the expiration of the permit, an estimate of the expected year of

final closure; and

8) For a facility where alternative requirements are established at a regulated

unit under pursuant to Section 724.190(f), 724.210(c), or 724.240(d), as

provided under pursuant to 35 Ill. Adm. Code 703.161, either the alternative

requirements applying to the regulated unit or a reference to the enforceable

document containing those alternative requirements.

c) Amendment of the plan. The owner or operator must submit a written

notification of or request for a permit modification to authorize a change in

operating plans, facility design, or the approved closure plan in accordance with

the applicable procedures in 35 Ill. Adm. Code 702, 703, and 705. The written

notification or request must include a copy of the amended closure plan for

review or approval by the Agency.

393

1) The owner or operator may submit a written notification or request to the

Agency for a permit modification to amend the closure plan at any time

prior to notification of partial or final closure of the facility.

2) The owner or operator must submit a written notification of or request for

a permit modification to authorize a change in the approved closure plan

whenever any of the following occurs:

A) Changes in operating plans or facility design affect the closure

plan;

B) There is a change in the expected year of closure, if applicable;

C) In conducting partial or final closure activities, unexpected events

require modification of the approved closure plan; or

D) The owner or operator requests the establishment of alternative

requirements, as provided under pursuant to 35 Ill. Adm. Code

703.161, to a regulated unit under pursuant to Section 724.190(f),

724.210(c), or 724.240(d).

3) The owner or operator must submit a written request for a permit

modification including a copy of the amended closure plan for approval at

least 60 days prior to the proposed change in the facility design or

operation, or no later than 60 days after an unexpected event has occurred

that has affected the closure plan. If an unexpected event occurs during

the partial or final closure period, the owner or operator must request a

permit modification no later than 30 days after the unexpected event. An

owner or operator of a surface impoundment or waste pile that intends to

remove all hazardous waste at closure and is not otherwise required to

prepare a contingent closure plan under pursuant to Sections

724.328(c)(1)(A) or 724.358(c)(1)(A), must submit an amended closure

plan to the Agency no later than 60 days after the date the owner or

operator or Agency determines that the hazardous waste management unit

must be closed as a landfill, subject to the requirements of Section

724.410, or no later than 30 days after that date if the determination is

made during partial or final closure. The Agency must approve,

disapprove or modify this amended plan in accordance with the

procedures in 35 Ill. Adm. Code 702, 703, and 705. In accordance with 35

Ill. Adm. Code 702.160 and 703.241, the approved closure plan will

become a condition of any RCRA permit issued.

4) The Agency may request modifications to the plan under the conditions

described in Section 724.212(c)(2). The owner or operator must submit

the modified plan within 60 days after the Agency’s request, or within 30

394

days if the change in facility conditions occurs during partial or final

closure. Any modifications requested by the Agency must be approved in

accordance with the procedures in 35 Ill. Adm. Code 702, 703, and 705.

d) Notification of partial closure and final closure.

1) The owner or operator must notify the Agency in writing at least 60 days

prior to the date on which the owner or operator expects to begin closure

of a surface impoundment, waste pile, land treatment, or landfill unit or

final closure of a facility with such a unit. The owner or operator must

notify the Agency in writing at least 45 days prior to the date on which the

owner or operator expects to begin final closure of a facility with only

treatment or storage tanks, container storage, or incinerator units to be

closed. The owner or operator must notify the Agency in writing at least

45 days prior to the date on which the owner or operator expects to begin

partial or final closure of a boiler or industrial furnace, whichever is

earlier.

2) The date when the owner or operator “expects to begin closure” must be

either of the following:

A) No later than 30 days after the date on which any hazardous waste

management unit receives the known final volume of hazardous

wastes or, if there is a reasonable possibility that the hazardous

waste management unit will receive additional hazardous wastes,

no later than one year after the date on which the unit received the

most recent volume of hazardous waste. If the owner or operator

of a hazardous waste management unit demonstrates to the Agency

that the hazardous waste management unit or facility has the

capacity to receive additional hazardous wastes and that the owner

or operator have taken and will continue to take all steps to

adequately prevent threats to human health and the environment,

including compliance with all applicable permit requirements, the

Agency must approve an extension to this one-year limit; or

B) For units meeting the requirements of Section 724.213(d), no later

than 30 days after the date on which the hazardous waste

management unit receives the final known volume of non-

hazardous wastes, or, if there is a reasonable possibility that the

hazardous waste management unit will receive additional non-

hazardous wastes, no later than one year after the date on which

the unit received the most recent volume of non-hazardous wastes.

If the owner or operator demonstrates to the Agency that the

hazardous waste management unit has the capacity to receive

additional non-hazardous wastes and that the owner and operator

have taken, and will continue to take, all steps to adequately

395

prevent threats to human health and the environment, including

compliance with all applicable permit requirements, the Agency

must approve an extension to this one-year limit.

3) If the facility’s permit is terminated, or if the facility is otherwise ordered

by judicial decree or Board order to cease receiving hazardous wastes or

to close, then the requirements of this subsection (d) do not apply.

However, the owner or operator must close the facility in accordance with

the deadlines established in Section 724.213.

e) Removal of wastes and decontamination or dismantling of equipment. Nothing in

this Section must preclude the owner or operator from removing hazardous wastes

and decontaminating or dismantling equipment in accordance with the approved

partial or final closure plan at any time before or after notification of partial or

final closure.

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

Section 724.213 Closure; Time Allowed for Closure

a) All permits must require that, within 90 days after receiving the final volume of

hazardous waste, or the final volume of non-hazardous wastes, if the owner or

operator complies with all the applicable requirements of subsections (d) and (e)

of this Section, at a hazardous waste management unit or facility, the owner or

operator treat, remove from the unit or facility, or dispose of on-site, all hazardous

wastes in accordance with the approved closure plan, unless the owner or operator

makes the following demonstration by way of permit application or modification

application. The Agency must approve a longer period if the owner or operator

demonstrates that the following is true:

1) Either of the following:

A) The activities required to comply with this subsection (a) will, of

necessity, take longer than 90 days to complete; or

B) All of the following is true:

i) The hazardous waste management unit or facility has the

capacity to receive additional hazardous wastes, or has the

capacity to receive non-hazardous wastes, if the owner or

operator complies with subsections (d) and (e) of this

Section;

ii) There is a reasonable likelihood that the owner or operator

or another person will recommence operation of the

hazardous waste management unit or facility within one

396

year; and

iii) Closure of the hazardous waste management unit or facility

would be incompatible with continued operation of the site;

and

2) The owner or operator has taken and will continue to take all steps to

prevent threats to human health and the environment, including

compliance with all applicable permit requirements.

b) All permits must require that the owner or operator complete partial and final

closure activities in accordance with the approved closure plan and within 180

days after receiving the final volume of hazardous wastes, or the final volume of

non-hazardous wastes, if the owner or operator complies with all applicable

requirements in subsections (d) and (e) of this Section, at the hazardous waste

management unit or facility, unless the owner or operator makes the following

demonstration by way of permit application or modification application. The

Agency must approve a longer closure period if the owner or operator

demonstrates as follows:

1) Either of the following:

A) The partial or final closure activities will, of necessity, take longer

than 180 days to complete; or

B) All of the following:

i) The hazardous waste management unit or facility has the

capacity to receive additional hazardous wastes, or has the

capacity to receive non-hazardous wastes, if the owner or

operator complies with subsections (d) and (e) of this

Section;

ii) There is reasonable likelihood that the owner or operator

will recommence operation of the hazardous waste

management unit or facility within one year; and

iii) Closure of the hazardous waste management unit or facility

would be incompatible with continued operation of the site;

and

2) The owner and operator have taken and will continue to take all steps to

prevent threats to human health and the environment from the unclosed

but not operating hazardous waste management unit or facility including

compliance with all applicable permit requirements.

397

c) The demonstration referred to in subsections (a)(1) and (b)(1) of this Section must

be made as follows:

1) The demonstration in subsection (a)(1) of this Section must be made at

least 30 days prior to the expiration of the 90-day period in subsection (a)

of this Section; and

2) The demonstration in subsection (b)(1) of this Section must be made at

least 30 days prior to the expiration of the 180-day period in subsection

(b) of this Section, unless the owner or operator is otherwise subject to

deadlines in subsection (d) of this Section.

d) Continued receipt of non-hazardous waste. The Agency must permit an owner or

operator to receive only non-hazardous wastes in a landfill, land treatment unit, or

surface impoundment unit after the final receipt of hazardous wastes at that unit if

the following is true:

1) The owner or operator requests a permit modification in compliance with

all applicable requirements in 35 Ill. Adm. Code 702, 703, and 705, and

in the permit modification request demonstrates the following:

A) That the unit has the existing design capacity as indicated on the

Part A application to receive non-hazardous wastes;

B) That there is a reasonable likelihood that the owner or operator or

another person will receive non-hazardous wastes in the unit

within one year after the final receipt of hazardous wastes;

C) That the non-hazardous wastes will not be incompatible with any

remaining wastes in the unit, or with the facility design and

operating requirements of the unit or facility under pursuant to this

Part;

D) That closure of the hazardous waste management unit would be

incompatible with continued operation of the unit or facility; and

E) That the owner or operator is operating and will continue to

operate in compliance with all applicable permit requirements;

2) The request to modify the permit includes an amended waste analysis

plan, groundwater monitoring and response program, human exposure

assessment required under pursuant to 35 Ill. Adm. Code 703.186, and

closure and post-closure plans and updated cost estimates and

demonstrations of financial assurance for closure and post-closure care, as

necessary and appropriate, to reflect any changes due to the presence of

hazardous constituents in the non-hazardous wastes, and changes in

398

closure activities, including the expected year of closure if applicable

under pursuant to Section 724.212(b)(7), as a result of the receipt of non-

hazardous wastes following the final receipt of hazardous wastes;

3) The request to modify the permit includes revisions, as necessary and

appropriate, to affected conditions of the permit to account for the receipt

of non-hazardous wastes following receipt of the final volume of

hazardous wastes; and

4) The request to modify the permit and the demonstrations referred to in

subsections (d)(1) and (d)(2) of this Section are submitted to the Agency

no later than 120 days prior to the date on which the owner or operator of

the facility receives the known final volume of hazardous wastes at the

unit or no later than 90 days after the effective date of this Section,

whichever is later.

e) Surface impoundments. In addition to the requirements in subsection (d) of this

Section, an owner or operator of a hazardous waste surface impoundment that is

not in compliance with the liner and leachate collection system requirements in

Section 724.321(c), (d), or (e) must receive non-hazardous wastes only as

authorized by an adjusted standard pursuant to this subsection (e).

1) The petition for adjusted standard must include the following:

A) A plan for removing hazardous wastes; and

B) A contingent corrective measures plan.

2) The removal plan must provide for the following:

A) Removing all hazardous liquids; and

B) Removing all hazardous sludges to the extent practicable without

impairing the integrity of the liner or liners, if any; and

C) Removal of hazardous wastes no later than 90 days after the final

receipt of hazardous wastes. The Board will allow a longer time, if

the owner or operator demonstrates the following:

i) That the removal of hazardous wastes will, of necessity,

take longer than the allotted period to complete; and

ii) That an extension will not pose a threat to human health

and the environment.

3) The following requirements apply to the contingent corrective measures

399

plan:

A) It must meet the requirements of a corrective action plan under

pursuant to Section 724.199, based upon the assumption that a

release has been detected from the unit.

B) It may be a portion of a corrective action plan previously submitted

under pursuant to Section 724.199.

C) It may provide for continued receipt of non-hazardous wastes at

the unit following a release only if the owner or operator

demonstrates that continued receipt of wastes will not impede

corrective action.

D) It must provide for implementation within one year after a release,

or within one year after the grant of the adjusted standard,

whichever is later.

4) Definition of “release.” A release is defined as a statistically significant

increase (or decrease in the case of pH) over background values for

detection monitoring parameters or constituents specified in the permit, or

over the facility’s groundwater protection standard at the or over the

facility’s groundwater protection standard at the point of compliance, if

applicable, detected in accordance with the requirements in Subpart F of

this Part.

5) In the event of a release, the owner or operator of the unit must do the

following:

A) Within 35 days, the owner or operator must file with the Board a

petition for adjusted standard. If the Board finds that it is

necessary to do so in order to adequately protect human health and

the environment, the Board will modify the adjusted standard to

require the owner or operator to do the following:

i) Begin to implement that corrective measures plan in less

than one year; or

ii) Cease the receipt of wastes until the plan has been

implemented.

iii) The Board will retain jurisdiction or condition the adjusted

standard so as to require the filing of a new petition to

address any required closure pursuant to subsection (e)(7)

of this Section.

400

B) The owner or operator must implement the contingent corrective

measures plan.

C) The owner or operator may continue to receive wastes at the unit if

authorized by the approved contingent measures plan.

6) Semi-annual report. During the period of corrective action, the owner or

operator must provide semi-annual reports to the Agency that do the

following:

A) Describe the progress of the corrective action program;

B) Compile all groundwater monitoring data; and

C) Evaluate the effect of the continued receipt of non-hazardous

wastes on the effectiveness of the corrective action.

7) Required closure. The owner or operator must commence closure of the

unit in accordance with the closure plan and the requirements of this Part

if the Board terminates the adjusted standard, or if the adjusted standard

terminates pursuant to its terms.

A) The Board will terminate the adjusted standard if the owner or

operator failed to implement corrective action measures in

accordance with the approved contingent corrective measures plan.

B) The Board will terminate the adjusted standard if the owner or

operator fails to make substantial progress in implementing the

corrective measures plan and achieving the facility’s groundwater

protection standard, or background levels if the facility has not yet

established a groundwater protection standard.

C) The adjusted standard will automatically terminate if the owner or

operator fails to implement the removal plan.

D) The adjusted standard will automatically terminate if the owner or

operator fails to timely file a required petition for adjusted

standard.

8) Adjusted standard procedures. The following procedures must be used in

granting, modifying or terminating an adjusted standard pursuant to this

subsection (e).

A) Except as otherwise provided, the owner or operator must follow

the procedures of Section 28.1 of the Act [415 ILCS 5/28.1] and

35 Ill. Adm. Code 101 and 104 to petition the Board for an

401

adjusted standard.

B) Initial justification. The Board will grant an adjusted standard

pursuant to subsection (e)(1) of this Section if the owner or

operator demonstrates that the removal plan and contingent

corrective measures plans meet the requirements of subsections

(e)(2) and (e)(3) of this Section.

C) The Board will include the following conditions in granting an

adjusted standard pursuant to subsection (e)(1) of this Section:

i) A plan for removing hazardous wastes.

ii) A requirement that the owner or operator remove

hazardous wastes in accordance with the plan.

iii) A contingent corrective measures plan.

iv) A requirement that, in the event of a release, the owner or

operator must do as follows: within 35 days, file with the

Board a petition for adjusted standard; implement the

corrective measures plan; and, file semi-annual reports with

the Agency.

v) A condition that the adjusted standard will terminate if the

owner or operator fails to do as follows: implement the

removal plan; or timely file a required petition for adjusted

standard.

vi) A requirement that, in the event the adjusted standard is

terminated, the owner or operator must commence closure

of the unit in accordance with the requirements of the

closure plan and this Part.

D) Justification in the event of a release. The Board will modify or

terminate the adjusted standard pursuant to a petition filed under

pursuant to subsection (e)(5)(A) of this Section, as provided in that

subsection or in subsection (e)(7) of this Section.

9) The Agency must modify the RCRA permit to include the adjusted

standard.

10) The owner or operator may file a permit modification application with a

revised closure plan within 15 days after an adjusted standard is

terminated.

402

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

Section 724.217 Post-Closure Care and Use of Property

a) Post-Closure care period.

1) Post-closure care for each hazardous waste management unit subject to the

requirements of Sections 724.217 through 724.220 must begin after

completion of closure of the unit and continue for 30 years after that date

and must consist of at least the following:

A) Monitoring and reporting in accordance with the requirements of

Subparts F, K, L, M, N, and X of this Part; and

B) Maintenance and monitoring of waste containment systems in

accordance with the requirements of Subparts F, K, L, M, N, and X

of this Part.

2) Any time preceding partial closure of a hazardous waste management unit

subject to post-closure care requirements or final closure, or any time

during the post-closure care period for a particular unit, the Board may, in

accordance with the permit modification procedures of 35 Ill. Adm. Code

702, 703, and 705, do either of the following:

A) Shorten the post-closure care period applicable to the hazardous

waste management unit or facility if all disposal units have been

closed and the Board has found by an adjusted standard issue

pursuant to Section 28.1 of the Act [415 ILCS 5/28.1] and 35 Ill.

Adm. Code 101 and 104 that the reduced period is sufficient to

adequately protect human health and the environment (e.g.,

leachate or groundwater monitoring results, characteristics of the

waste, application of advanced technology or alternative disposal,

treatment, or re-use techniques indicate that the hazardous waste

management unit or facility is secure); or

B) Extend the post-closure care period applicable to the hazardous

waste management unit or facility if the Board has found by an

adjusted standard issue pursuant to Section 28.1 of the Act [415

ILCS 5/28.1] and 35 Ill. Adm. Code 101 and 104 that the extended

period is necessary to adequately protect human health and the

environment (e.g., leachate or groundwater monitoring results

indicate a potential for migration of hazardous wastes at levels that

may be harmful to human health and the environment).

b) The Agency must require continuation at partial or final closure of any of the

security requirements of Section 724.114 during part or all of the post-closure

403

period when either of the following is true:

1) Hazardous wastes may remain exposed after completion of partial or final

closure; or

2) Access by the public or domestic livestock may pose a hazard to human

health.

c) Post-closure use of property on or in which hazardous wastes remain after partial

or final closure must never be allowed to disturb the integrity of the final cover,

liners, or any other components of the containment system or the function of the

facility’s monitoring systems, unless the Agency finds, by way of a permit

modification, that the disturbance is necessary for either of the following reasons:

1) It is necessary to the proposed use of the property, and will not increase

the potential hazard to human health or the environment; or

2) It is necessary to reduce a threat to human health or the environment.

d) All the post-closure care activities must be in accordance with the provisions of

the approved post-closure plan as specified in Section 724.218.

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

Section 724.219 Post-Closure Notices

a) No later than 60 days after certification of closure of each hazardous waste

disposal unit, the owner or operator of a disposal facility must submit to the

Agency, to the County Recorder and to any local zoning authority or authority

with jurisdiction over local land use, a record of the type, location, and quantity of

hazardous wastes disposed of within each cell or other disposal unit of the

facility. For hazardous wastes disposed of before January 12, 1981, the owner or

operator must identify the type, location, and quantity of the hazardous waste to

the best of the owner or operator’s knowledge and in accordance with any records

the owner or operator has kept.

b) Within 60 days after certification of closure of the first hazardous waste disposal

unit and within 60 days after certification of closure of the last hazardous waste

disposal unit, the owner or operator must do the following:

1) Record a notation on the deed to the facility property -- or on some other

instrument that is normally examined during title search -- that will in

perpetuity notify any potential purchaser of the property as follows:

A) That the land has been used to manage hazardous wastes; and

404

B) That its use is restricted under pursuant to this Subpart G; and

C) That the survey plat and record of the type, location, and quantity

of hazardous wastes disposed of within each cell or other

hazardous waste disposal unit of the facility required by subsection

(a) of this Section and Section 724.216 have been filed with the

Agency, the County Recorder and any local zoning authority or

authority with jurisdiction over local land use; and

2) Submit a certification to the Agency, signed by the owner or operator, that

the owner or operator has recorded the notation specified in subsection

(b)(1) of this Section, including a copy of the document in which the

notation has been placed, to the Agency.

c) If the owner or operator or any subsequent owner or operator of the land upon

which a hazardous waste disposal unit is located wishes to remove hazardous

wastes and hazardous waste residues, the liner, if any, or contaminated soils, such

person must request a modification to the post-closure plan in accordance with the

applicable requirements in 35 Ill. Adm. Code 703 and 705. The owner and

operator must demonstrate that the removal of hazardous wastes will satisfy the

criteria of Section 724.217(c). By removing hazardous waste, the owner or

operator may become a generator of hazardous waste and must manage it in

accordance with all applicable requirements of 35 Ill. Adm. Code 703 and 720

through 726 728, and 738. If the owner or operator is granted a permit

modification or otherwise granted approval to conduct such removal activities,

the owner or operator may request that the Agency approve either of the

following:

1) The removal of the notation on the deed to the facility property or other

instrument normally examined during title search; or

2) The addition of a notation to the deed or instrument indicating the removal

of the hazardous waste.

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

SUBPART H: FINANCIAL REQUIREMENTS

Section 724.240 Applicability

a) The requirements of Sections 724.242, 724.243, and 724.247 through 724.251

apply to owners and operators of all hazardous waste facilities, except as provided

otherwise in this Section or in Section 724.101.

b) The requirements of Sections 724.244 and 724.245 apply only to owners and

operators of the following:

405

1) Disposal facilities;

2) Piles, and surface impoundments from which the owner or operator

intends to remove the wastes at closure, to the extent that Sections

724.244 and 724.245 are made applicable to such facilities in Sections

724.328 and 724.358;

3) Tank systems that are required under pursuant to Section 724.297 to meet

the requirements for landfills; or

4) Containment buildings that are required under pursuant to Section

724.1102 to meet the requirements for landfills.

c) The State and the federal government are exempt from the requirements of this

Subpart H.

d) A permit or enforceable document can contain alternative requirements that replace

all or part of the financial assurance requirements of this Subpart H applying to a

regulated unit, as provided in 35 Ill. Adm. Code 703.161, where the Board or

Agency has done the following:

1) The Board or Agency has established alternative requirements for the

regulated unit established under pursuant to Section 724.190(f) or

724.210(d); and

2) The Board or Agency determines that it is not necessary to apply the

financial assurance requirements of this Subpart H because the alternative

financial assurance requirements will adequately protect human health and

the environment.

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

Section 724.245 Financial Assurance for Post-Closure Care

An owner or operator of a hazardous waste management unit subject to the requirements of

Section 724.244 must establish financial assurance for post-closure care in accordance with the

approved post-closure plan for the facility 60 days prior to the initial receipt of hazardous waste

or the effective date of the regulation, whichever is later. The owner or operator must choose

from among the following options:

a) Post-closure trust fund.

1) An owner or operator may satisfy the requirements of this Section by

establishing a post-closure trust fund that conforms to the requirements of

this subsection (a) and submitting an original, signed duplicate of the trust

406

agreement to the Agency. An owner or operator of a new facility must

submit the original, signed duplicate of the trust agreement to the Agency

at least 60 days before the date on which hazardous waste is first received

for disposal. The trustee must be an entity that has the authority to act as a

trustee and whose trust operations are regulated and examined by a federal

or State agency.

2) The wording of the trust agreement must be that specified in Section

724.251 and the trust agreement accompanied by a formal certification of

acknowledgment (as specified in Section 724.251). Schedule A of the

trust agreement must be updated within 60 days after a change in the

amount of the current post-closure cost estimate covered by the

agreement.

3) Payments into the trust fund must be made annually by the owner or

operator over the term of the initial RCRA permit or over the remaining

operating life of the facility as estimated in the closure plan, whichever

period is shorter; this period is hereafter referred to as the “pay-in period.”

The payments into the post-closure trust fund must be made as follows:

A) For a new facility, the first payment must be made before the

initial receipt of hazardous waste for disposal. A receipt from the

trustee for this payment must be submitted by the owner or

operator to the Agency before this initial receipt of hazardous

waste. The first payment must be at least equal to the current post-

closure cost estimate, except as provided in subsection (g) of this

Section, divided by the number of years in the pay-in period.

Subsequent payments must be made no later than 30 days after

each anniversary date of the first payment. The amount of each

subsequent payment must be determined by the following formula:

(

)

payment

Where:

CE = the current closure cost estimate

CV = the current value of the trust fund

Y = the number of years remaining in the pay-in

period.

B) If an owner or operator establishes a trust fund, as specified in 35

Ill. Adm. Code 725.245(a), and the value of that trust fund is less

than the current post-closure cost estimate when a permit is

awarded for the facility, the amount of the current post-closure cost

estimate still to be paid into the trust fund must be paid in over the

407

pay-in period as defined in subsection (a)(3) of this Section.

Payments must continue to be made no later than 30 days after

each anniversary date of the first payment made pursuant to 35 Ill.

Adm. Code 725. The amount of each payment must be determined

by the following formula:

(

)

payment

Where:

CE = the current closure cost estimate

CV = the current value of the trust fund

Y = the number of years remaining in the pay-in

period.

4) The owner or operator may accelerate payments into the trust fund or

owner or operator must maintain the value of the fund at no less than the

value that the fund would have if annual payments were made as specified

in subsection (a)(3) of this Section.

5) If the owner or operator establishes a post-closure trust fund after having

used one or more alternative mechanisms specified in this Section or in 35

Ill. Adm. Code 725.245, its first payment must be in at least the amount

that the fund would contain if the trust fund were established initially and

annual payments made according to specifications of this subsection (a)

and 35 Ill. Adm. Code 725.245, as applicable.

6) After the pay-in period is completed, whenever the current post-closure

cost estimate changes during the operating life of the facility, the owner or

operator must compare the new estimate with the trustee’s most recent

annual valuation of the trust fund. If the value of the fund is less than the

amount of the new estimate, the owner or operator, within 60 days after

the change in the cost estimate, must either deposit an amount into the

fund so that its value after this deposit at least equals the amount of the

current post-closure cost estimate, or obtain other financial assurance, as

specified in this Section, to cover the difference.

7) During the operating life of the facility, if the value of the trust fund is

greater than the total amount of the current post-closure cost estimate, the

owner or operator may submit a written request to the Agency for release

of the amount in excess of the current post-closure cost estimate.

8) If an owner or operator substitutes other financial assurance as specified in

this Section for all or part of the trust fund, it may submit a written request

to the Agency for release of the amount in excess of the current post-

408

closure cost estimate covered by the trust fund.

9) Within 60 days after receiving a request from the owner or operator for

release of funds, as specified in subsection (a)(7) or (a)(8) of this Section,

the Agency must instruct the trustee to release to the owner or operator

such funds as the Agency specifies in writing.

10) During the period of post-closure care, the Agency must approve a release

of funds if the owner or operator demonstrates to the Agency that the

value of the trust fund exceeds the remaining cost of post-closure care.

11) An owner or operator or any other person authorized to perform post-

closure care may request reimbursement for post-closure care

expenditures by submitting itemized bills to the Agency. Within 60 days

after receiving bills for post-closure activities, the Agency must instruct

the trustee to make requirements in those amounts that the Agency

specifies in writing if the Agency determines that the post-closure care

expenditures are in accordance with the approved post-closure plan or

otherwise justified. If the Agency does not instruct the trustee to make

such reimbursements, the Agency must provide the owner or operator with

a detailed written statement of reasons.

12) The Agency must agree to termination of the trust when either of the

following occurs:

A) An owner or operator substitutes alternative financial assurance, as

specified in this Section; or

B) The Agency releases the owner or operator from the requirements

of this Section in accordance with subsection (i) of this Section.

b) Surety bond guaranteeing payment into a post-closure trust fund.

1) An owner or operator may satisfy the requirements of this Section by

obtaining a surety bond that conforms to the requirements of this

subsection (b) and submitting the bond to the Agency. An owner or

operator of a new facility must submit the bond to the Agency at least 60

days before the date on which hazardous waste is first received for

disposal. The bond must be effective before this initial receipt of

hazardous waste. The surety company issuing the bond must, at a

minimum, be among those listed as acceptable sureties on federal bonds in

Circular 570 of the U.S. Department of the Treasury.

BOARD NOTE: The U.S. Department of Treasury updates Circular 570,

“Companies Holding Certificates of Authority as Acceptable Sureties on

Federal Bonds and as Acceptable Reinsuring Companies,” on an annual

409

basis pursuant to 31 CFR 223.16. Circular 570 is available on the Internet

from the following website: http://www.fms.treas.gov/c570/.

2) The wording of the surety bond must be that specified in Section 724.251.

3) The owner or operator who uses a surety bond to satisfy the requirements

of this Section must also establish a standby trust fund. Under the terms

of the bond, all payments made thereunder will be deposited by the surety

directly into the standby trust fund in accordance with instructions from

the Agency. This standby trust fund must meet the requirements specified

in subsection (a) of this Section, except as follows:

A) An original, signed duplicate of the trust agreement must be

submitted to the Agency with the surety bond; and

B) Until the standby trust fund is funded pursuant to the requirements

of this Section, the following are not required by these regulations:

i) Payments into the trust fund, as specified in subsection (a)

of this Section;

ii) Updating of Schedule A of the trust agreement (as specified

in Section 724.251) to show current post-closure cost

estimates;

iii) Annual valuations, as required by the trust agreement; and

iv) Notices of nonpayment, as required by the trust agreement.

4) The bond must guarantee that the owner or operator will do one of the

following:

A) Fund the standby trust fund in an amount equal to the penal sum of

the bond before the beginning of final closure of the facility;

B) Fund the standby trust fund in an amount equal to the penal sum

within 15 days after an order to begin closure is issued by the

Board or a U.S. district court or other court of competent

jurisdiction; or

C) Provide alternative financial assurance as specified in this Section,

and obtain the Agency’s written approval of the assurance

provided, within 90 days after receipt by both the owner or

operator and the Agency of a notice of cancellation of the bond

from the surety.

410

5) Under the terms of the bond, the surety will become liable on the bond

obligation when the owner or operator fails to perform as guaranteed by

the bond.

6) The penal sum of the bond must be in an amount at least equal to the

current post-closure cost estimate, except as provided in subsection (g) of

this Section.

7) Whenever the current post-closure cost estimate increases to an amount

greater than the penal sum, the owner or operator, within 60 days after the

increase, must either cause the penal sum to be increased to an amount at

least equal to the current post-closure cost estimate and submit evidence

of such increase to the Agency or obtain other financial assurance, as

specified in this Section, to cover the increase. Whenever the current

post-closure cost estimate decreases, the penal sum may be reduced to the

amount of the current post-closure cost estimate following written

approval by the Agency.

8) Under the terms of the bond, the surety may cancel the bond by sending

notice of cancellation by certified mail to the owner or operator and to the

Agency. Cancellation may not occur, however, during the 120 days

beginning on the date of receipt of the notice of cancellation by both the

owner or operator and the Agency, as evidence by the return receipts.

9) The owner or operator may cancel the bond if the Agency has given prior

written consent based on its receipt of evidence of alternative financial

assurance, as specified in this Section.

c) Surety bond guaranteeing performance of post-closure care.

1) An owner or operator may satisfy the requirements of this Section by

obtaining a surety bond that conforms to the requirements of this

subsection (c) and submitting the bond to the Agency. An owner or

operator of a new facility must submit the bond to the Agency at least 60

days before the date on which hazardous waste is first received for

disposal. The bond must be effective before this initial receipt of

hazardous waste. The surety company issuing the bond must, at a

minimum, be among those listed as acceptable sureties on federal bonds in

Circular 570 of the U.S. Department of the Treasury.

BOARD NOTE: The U.S. Department of Treasury updates Circular 570,

“Companies Holding Certificates of Authority as Acceptable Sureties on

Federal Bonds and as Acceptable Reinsuring Companies,” on an annual

basis pursuant to 31 CFR 223.16. Circular 570 is available on the Internet

from the following website: http://www.fms.treas.gov/c570/.

411

2) The wording of the surety bond must be that specified in Section 724.251.

3) The owner or operator who uses a surety bond to satisfy the requirements

of this Section must also establish a standby trust fund. Under the terms

of the bond, all payments made thereunder will be deposited by the surety

directly into the standby trust fund in accordance with instructions from

the Agency. This standby trust must meet the requirements specified in

subsection (a) of this Section, except as follows:

A) An original, signed duplicate of the trust agreement must be

submitted to the Agency with the surety bond; and

B) Unless the standby trust fund is funded pursuant to the

requirements of this Section, the following are not required:

i) Payments into the trust fund, as specified in subsection (a)

of this Section;

ii) Updating of Schedule A of the trust agreement (as specified

in Section 724.251) to show current post-closure cost

estimates;

iii) Annual valuations, as required by the trust agreement; and

iv) Notices of nonpayment, as required by the trust agreement.

4) The bond must guarantee that the owner or operator will do either of the

following:

A) Perform final post-closure care in accordance with the post-closure

plan and other requirements of the permit for the facility; or

B) Provide alternative financial assurance, as specified in this Section,

and obtain the Agency’s written approval of the assurance

provided, within 90 days after receipt by both the owner or

operator and the Agency of a notice of cancellation of the bond

from the surety.

5) Under the terms of the bond, the surety will become liable on the bond

obligation when the owner or operator fails to perform as guaranteed by

the bond. Following a final judicial determination or Board order finding

that the owner or operator has failed to perform post-closure care in

accordance with the approved post-closure plan and other permit

requirements, under the terms of the bond the surety will perform post-

closure care in accordance with post-closure plan and other permit

requirements or will deposit the amount of the penal sum into the standby

412

trust fund.

6) The penal sum of the bond must be in an amount at least equal to the

current post-closure cost estimate.

7) Whenever the current post-closure cost estimate increases to an amount

greater than the penal sum during the operating life of the facility, the

owner or operator, within 60 days after the increase, must either cause the

penal sum to be increased to an amount at least equal to the current post-

closure cost estimate and submit evidence of such increase to the Agency,

or obtain other financial assurance, as specified in this Section. Whenever

the current closure cost estimate decreases during the operating life of the

facility, the penal sum may be reduced to the amount of the current post-

closure cost estimate following written approval by the Agency.

8) During the period of post-closure care, the Agency must approve a

decrease in the penal sum if the owner or operator demonstrates to the

Agency that the amount exceeds the remaining cost of post-closure care.

9) Under the terms of the bond, the surety may cancel the bond by sending

notice of cancellation by certified mail to the owner or operator and to the

Agency. Cancellation may not occur, however, during the 120 days

beginning on the date of receipt of the notice of cancellation by both the

owner or operator and the Agency, as evidenced by the return receipts.

10) The owner or operator may cancel the bond if the Agency has given prior

written consent. The Agency must provide such written consent when

either of the following occurs:

A) An owner or operator substitutes alternative financial assurance as

specified in this Section; or

B) The Agency releases the owner or operator from the requirements

of this Section in accordance with subsection (i) of this Section.

11) The surety will not be liable for deficiencies in the performance of post-

closure care by the owner or operator after the Agency releases the owner

or operator from the requirements of this Section in accordance with

subsection (i) of this Section.

d) Post-closure letter of credit.

1) An owner or operator may satisfy the requirements of this Section by

obtaining an irrevocable standby letter of credit that conforms to the

requirements of this subsection (d) and submitting the letter to the

Agency. An owner or operator of a new facility must submit the letter of

413

credit to the Agency at least 60 days before the date on which hazardous

waste is first received for disposal. The letter of credit must be effective

before this initial receipt of hazardous waste. The issuing institution must

be an entity that has the authority to issue letters of credit and whose

letter-of-credit operations are regulated and examined by a federal or State

agency.

2) The wording of the letter of credit must be that specified in Section

724.251.

3) An owner or operator who uses a letter of credit to satisfy the

requirements of this Section must also establish a standby trust fund.

Under the terms of the letter of credit, all amounts paid pursuant to a draft

by the Agency must be deposited by the issuing institution directly into

the standby trust fund in accordance with instructions from the Agency.

This standby trust fund must meet the requirements of the trust fund

specified in subsection (a) of this Section, except as follows:

A) An original, signed duplicate of the trust agreement must be

submitted to the Agency with the letter of credit; and

B) Unless the standby trust fund is funded pursuant to the

requirements of this Section, the following are not required by

these regulations:

i) Payments into the trust fund, as specified in subsection (a)

of this Section;

ii) Updating of Schedule A of the trust agreement (as specified

in Section 724.251) to show current post-closure cost

estimates;

iii) Annual valuations, as required by the trust agreement; and

iv) Notices of nonpayment, as required by the trust agreement.

4) The letter or credit must be accompanied by a letter from the owner or

operator referring to the letter of credit by number, issuing institution, and

date and providing the following information: the USEPA identification

number, name and address of the facility, and the amount of funds assured

for post-closure care of the facility by the letter of credit.

5) The letter of credit must be irrevocable and issued for a period of at least

one year. The letter of credit must provide that the expiration date will be

automatically extended for a period of at least one year unless, at least 120

days before the current expiration date, the issuing institution notifies both

414

the owner or operator and the Agency by certified mail of a decision not to

extend the expiration date. Under the terms of the letter of credit, the 120

days will begin on the date when both the owner or operator and the

Agency have received the notice, as evidenced by the return receipts.

6) The letter of credit must be issued in an amount at least equal to the

current post-closure cost estimate, except as provided in subsection (g) of

this Section.

7) Whenever the current post-closure cost estimate increases to an amount

greater than the amount of the credit during the operating life of the

facility, the owner or operator, within 60 days after the increase, must

either cause the amount of the credit to be increased so that it at least

equals the current post-closure cost estimate and submit evidence of such

increase to the Agency, or obtain other financial assurance as specified in

this Section to cover the increase. Whenever the current post-closure cost

estimate decreases during the operating life of the facility, the amount of

the credit may be reduced to the amount of the current post-closure cost

estimate following written approval by the Agency.

8) During the period of post-closure care, the Agency must approve a

decrease in the amount of the letter of credit if the owner or operator

demonstrates to the Agency that the amount exceeds the remaining cost of

post-closure care.

9) Following a final judicial determination or Board order finding that the

owner or operator has failed to perform post-closure care in accordance

with the approved post-closure plan and other permit requirements, the

Agency may draw on the letter of credit.

10) If the owner or operator does not establish alternative financial assurance,

as specified in this Section, and obtain written approval of such alternative

assurance from the Agency within 90 days after receipt by both the owner

or operator and the Agency of a notice from the issuing institution that it

has decided not to extend the letter of credit beyond the current expiration

date, the Agency must draw on the letter of credit. The Agency may delay

the drawing if the issuing institution grants an extension of the term of the

credit. During the last 30 days of any such extension the Agency must

draw on the letter of credit if the owner or operator has failed to provide

alternative financial assurance, as specified in this Section, and obtain

written approval of such assurance from the Agency.

11) The Agency must return the letter of credit to the issuing institution for

termination when either of the following occurs:

A) An owner or operator substitutes alternative financial assurance, as

415

specified in this Section; or

B) The Agency releases the owner or operator from the requirements

of this Section in accordance with subsection (i) of this Section.

e) Post-closure insurance.

1) An owner or operator may satisfy the requirements of this Section by

obtaining post-closure insurance that conforms to the requirements of this

subsection (e) and submitting a certificate of such insurance to the

Agency. An owner or operator of a new facility must submit the

certificate of insurance to the Agency at least 60 days before the date on

which hazardous waste is first received for disposal. The insurance must

be effective before this initial receipt of hazardous waste. At a minimum,

the insurer must be licensed to transact the business of insurance or be

eligible to provide insurance as an excess or surplus lines insurer in one or

more states.

2) The wording of the certificate of insurance must be that specified in

Section 724.251.

3) The post-closure insurance policy must be issued for a face amount at

least equal to the current post-closure cost estimate, except as provided in

subsection (g) of this Section. The term “face amount” means the total

amount the insurer is obligated to pay under the policy. Actual payments

by the insurer will not change the face amount, although the insurer’s

future liability will be lowered by the amount of the payments.

4) The post-closure insurance policy must guarantee that funds will be

available to provide post-closure care of facility whenever the post-closure

period begins. The policy must also guarantee that, once post-closure care

begins, the insurer will be responsible for paying out funds, up to an

amount equal to the face amount of the policy, upon the direction of the

Agency to such party or parties as the Agency specifies.

5) An owner or operator or any other person authorized to perform post-

closure care may request reimbursement for post-closure care

expenditures by submitting itemized bills to the Agency. Within 60 days

after receiving bills for post-closure activities, the Agency must instruct

the insurer to make reimbursement in such amounts as the Agency

specifies in writing if the Agency determines that the post-closure care

expenditures are in accordance with the approved post-closure plan or

otherwise justified. If the Agency does not instruct the insurer to make

such reimbursements, the Agency must provide the owner or operator with

a detailed written statement of reasons.

416

6) The owner or operator must maintain the policy in full force and effect

until the Agency consents to termination of the policy by the owner or

operator as specified in subsection (e)(11) of this Section. Failure to pay

the premium, without substitution of alternative financial assurance as

specified in this Section, will constitute a significant violation of these

regulations, warranting such remedy as the Board may impose pursuant to

the Environmental Protection Act [415 ILCS 5]. Such violation will be

deemed to begin upon receipt by the Agency of a notice of future

cancellation, termination, or failure to renew due to nonpayment of the

premium, rather than upon the date of expiration.

7) Each policy must contain a provision allowing assignment of the policy to

a successor owner or operator. Such assignment may be conditional upon

consent of the insurer, provided such consent is not unreasonably refused.

8) The policy must provide that the insurer may not cancel, terminate, or fail

to renew the policy except for failure to pay the premium. The automatic

renewal of the policy must, at a minimum, provide the insured with the

option of renewal at the face amount of the expiring policy. If there is a

failure to pay the premium, the insurer may elect to cancel, terminate, or

fail to renew the policy by sending notice by certified mail to the owner or

operator and the Agency. Cancellation, termination, or failure to renew

may not occur, however, during the 120 days beginning with the date of

receipt of the notice by both the Agency and the owner or operator, as

evidenced by the return receipts. Cancellation, termination, or failure to

renew may not occur, and the policy will remain in full force and effect, in

the event that on or before the date of expiration one of the following

occurs:

A) The Agency deems the facility abandoned;

B) The permit is terminated or revoked or a new permit is denied;

C) Closure is ordered by the Board or a U.S. district court or other

court of competent jurisdiction;

D) The owner or operator is named as debtor in a voluntary or

involuntary proceeding under 11 USC (Bankruptcy); or

E) The premium due is paid.

9) Whenever the current post-closure cost estimate increases to an amount

greater than the face amount of the policy during the life of the facility, the

owner or operator, within 60 days after the increase, must either cause the

face amount to be increased to an amount at least equal to the current post-

closure cost estimate and submit evidence of such increase to the Agency

417

or obtain other financial assurance, as specified in this Section, to cover

the increase. Whenever the current post-closure cost estimate decreases

during the operating life of the facility, the face amount may be reduced to

the amount of the current post-closure cost estimate following written

approval by the Agency.

10) Commencing on the date that liability to make payments pursuant to the

policy accrues, the insurer must thereafter annually increase the face

amount of the policy. Such increase must be equivalent to the face

amount of the policy, less any payments made, multiplied by an amount

equivalent to 85 percent of the most recent investment rate or of the

equivalent coupon-issue yield announced by the U.S. Treasury for 26-

week Treasury securities.

11) The Agency must give written consent to the owner or operator that the

owner or operator may terminate the insurance policy when either of the

following occurs:

A) An owner or operator substitutes alternative financial assurance, as

specified in this Section; or

B) The Agency releases the owner or operator from the requirements

of this Section in accordance with subsection (i) of this Section.

f) Financial test and corporate guarantee for post-closure care.

1) An owner or operator may satisfy the requirements of this Section by

demonstrating that it passes a financial test as specified in this subsection

(f). To pass this test the owner or operator must meet the criteria of either

subsection (f)(1)(A) or (f)(1)(B) of this Section:

A) The owner or operator must have the following:

i) Two of the following three ratios: a ratio of total liabilities

to net worth less than 2.0; a ratio of the sum of net income

plus depreciation, depletion and amortization to total

liabilities greater than 0.1; and a ratio of current assets to

current liabilities greater than 1.5;

ii) Net working capital and tangible net worth each at least six

times the sum of the current closure and post-closure cost

estimates and the current plugging and abandonment cost

estimates;

iii) Tangible net worth of at least $10 million; and

418

iv) Assets in the United States amounting to at least 90 percent

of its total assets or at least six times the sum of the current

closure and post-closure cost estimates and the current

plugging and abandonment cost estimates.

B) The owner or operator must have the following:

i) A current rating for its most recent bond issuance of AAA,

AA, A, or BBB as issued by Standard and Poor’s or Aaa,

Aa, A, or Baa as issued by Moody’s;

ii) Tangible net worth at least six times the sum of the current

closure and post-closure cost estimates and current

plugging and abandonment cost estimates;

iii) Tangible net worth of at least $10 million; and

iv) Assets located in the United States amounting to at least 90

percent of its total assets or at least six times the sum of the

current closure and post-closure cost estimates and the

current plugging and abandonment cost estimates.

2) The phrase “current closure and post-closure cost estimates,” as used in

subsection (f)(1) of this Section, refers to the cost estimates required to be

shown in subsections 1 through 4 of the letter from the owner’s or

operator’s chief financial officer (see Section 724.251). The phrase

“current plugging and abandonment cost estimates,” as used in subsection

(f)(1) of this Section, refers to the cost estimates required to be shown in

subsections 1 through 4 of the letter from the owner’s or operator’s chief

financial officer (see 35 Ill. Adm. Code 704.240).

3) To demonstrate that it meets this test, the owner or operator must submit

the following items to the Agency:

A) A letter signed by the owner’s or operator’s chief financial officer

and worded, as specified in Section 724.251; and

B) A copy of the independent certified public accountant’s report on

examination of the owner’s or operator’s financial statements for

the latest completed fiscal year; and

C) A special report from the owner’s or operator’s independent

certified public accountant to the owner or operator stating the

following:

i) The accountant has compared the data that the letter from

419

the chief financial officer specifies as having been derived

from the independently audited, year-end financial

statements for the latest fiscal year with the amounts in

such financial statements; and

ii) In connection with that procedure, no matters came to the

accountant’s attention that caused the accountant to believe

that the specified data should be adjusted.

4) An owner or operator of a new facility must submit the items specified in

subsection (f)(3) of this Section to the Agency at least 60 days before the

date on which hazardous waste is first received for disposal.

5) After the initial submission of items specified in subsection (f)(3) of this

Section, the owner or operator must send updated information to the

Agency within 90 days after the close of each succeeding fiscal year. This

information must consist of all three items specified in subsection (f)(3) of

this Section.

6) If the owner or operator no longer meets the requirements of subsection

(f)(1) of this Section, the owner or operator must send notice to the

Agency of intent to establish alternative financial assurance, as specified

in this Section. The notice must be sent by certified mail within 90 days

after the end of the fiscal year for which the year-end financial data show

that the owner or operator no longer meets the requirements the owner or

operator must provide the alternative financial assurance within 120 days

after the end of such fiscal year.

7) Based on a reasonable belief that the owner or operator may no longer

meet the requirements of subsection (f)(1) of this Section, the Agency may

require reports of financial condition at any time from the owner or

operator in addition to those specified in subsection (f)(3) of this Section.

If the Agency finds, on the basis of such reports or other information, that

the owner or operator no longer meets the requirements of subsection

(f)(1) of this Section, the owner or operator must provide alternative

financial assurance, as specified in this Section, within 30 days after

notification of such a finding.

8) The Agency may disallow use of this test on the basis of qualifications in

the opinion expressed by the independent certified public accountant in

the accountant’s report on examination of the owner’s or operator’s

financial statements (see subsection (f)(3)(B) of this Section). An adverse

opinion or a disclaimer of opinion will be cause for disallowance. The

Agency must evaluate other qualifications on an individual basis. The

owner or operator must provide alternative financial assurance, as

specified in this Section, within 30 days after notification of the

420

disallowance.

9) During the period of post-closure care, the Agency must approve a

decrease in the current post-closure cost estimate for which this test

demonstrates financial assurance if the owner or operator demonstrates to

the Agency that the amount of the cost estimate exceeds the remaining

cost of post-closure care.

10) The owner or operator is no longer required to submit the items specified

in subsection (f)(3) of this Section when either of the following occurs:

A) An owner or operator substitutes alternative financial assurance, as

specified in this Section; or

B) The Agency releases the owner or operator from the requirements

of this Section in accordance with subsection (i) of this Section.

11) An owner or operator may meet the requirements of this Section by

obtaining a written guarantee, hereafter referred to as “corporate

guarantee.” The guarantor must be the direct or higher-tier parent

corporation of the owner or operator, a firm whose parent corporation is

also the parent corporation of the owner or operator, or a firm with a

“substantial business relationship” with the owner or operator. The

guarantor must meet the requirements for owners or operators in

subsections (f)(1) through (f)(9), and must comply with the terms of the

corporate guarantee. The wording of the corporate guarantee must be that

specified in Section 724.251. A certified copy of the corporate guarantee

must accompany the items sent to the Agency, as specified in subsection

(f)(3) of this Section. One of these items must be the letter from the

guarantor’s chief financial officer. If the guarantor’s parent corporation is

also the parent corporation of the owner or operator, the letter must

describe the value received in consideration of the guarantee. If the

guarantor is a firm with a “substantial business relationship” with the

owner or operator, this letter must describe this “substantial business

relationship” and the value received in consideration of the guarantee.

The terms of the corporate guarantee must provide as follows:

A) That if the owner or operator fails to perform post-closure care of a

facility covered by the corporate guarantee in accordance with the

post-closure plan and other permit requirements whenever required

to do so, the guarantor will do so or establish a trust fund as

specified in subsection (a) of this Section in the name of the owner

or operator.

B) That the corporate guarantee will remain in force unless the

guarantor sends notice of cancellation by certified mail to the

421

owner or operator and to the Agency. Cancellation may not occur,

however, during the 120 days beginning on the date of receipt of

the notice of cancellation by both the owner or operator and the

Agency, as evidenced by the return receipts.

C) That if the owner or operator fails to provide alternative financial

assurance as specified in this Section and obtain the written

approval of such alternative assurance from the Agency within 90

days after receipt by both the owner or operator and the Agency of

a notice of cancellation of the corporate guarantee from the

guarantor, the guarantor will provide such alternative financial

assurance in the name of the owner or operator.

g) Use of multiple financial mechanisms. An owner or operator may satisfy the

requirements of this Section by establishing more than one financial mechanism

per facility. These mechanisms are limited to trust funds, surety bonds

guaranteeing payment into a trust fund, letters of credit and insurance. The

mechanisms must be as specified in subsections (a), (b), (d), and (e) of this

Section, respectively, except that it is the combination of mechanisms, rather than

the single mechanism, that must provide financial assurance for an amount at least

equal to the current post-closure cost estimate. If an owner or operator uses a

trust fund in combination with a surety bond or a letter of credit, it may use the

trust fund as the standby trust fund for the other mechanisms. A single standby

trust fund may be established for two or more mechanisms. The Agency may use

any or all of the mechanisms to provide for post-closure care of the facility.

h) Use of a financial mechanism for multiple facilities. An owner or operator may

use a financial assurance mechanism specified in this Section to meet the

requirements of this Section for more than one facility. Evidence of financial

assurance submitted to the Agency must include a list showing, for each facility,

the USEPA identification number, name, address, and the amount of funds for

post-closure care assured by the mechanism. The amount of funds available

through the mechanism must be no less than the sum of funds that would be

available if a separate mechanism had been established and maintained for each

facility. The amount of funds available to the Agency must be sufficient to close

all of the owner or operator’s facilities. In directing funds available through the

mechanism for post-closure care of any of the facilities covered by the

mechanism, the Agency may direct only the amount of funds designated for that

facility, unless the owner or operator agrees to the use of additional funds

available under the mechanism.

i) Release of the owner or operator from the requirements of this Section. Within

60 days after receiving certifications from the owner or operator and an

independent registered professional engineer that the post-closure care period has

been completed for a hazardous waste disposal unit in accordance with the

approved plan, the Agency must notify the owner or operator that it is no longer

422

required to maintain financial assurance for post-closure care of that unit, unless

the Agency determines that post-closure care has not been in accordance with the

approved post-closure plan. The Agency must provide the owner or operator with

a detailed written statement of any such determination that post-closure care has

not been in accordance with the approved post-closure plan.

j) Appeal. The following Agency actions are deemed to be permit modifications or

refusals to modify for purposes of appeal to the Board (35 Ill. Adm. Code

702.184(e)(3)):

1) An increase in or a refusal to decrease the amount of a bond, letter of

credit, or insurance;

2) Requiring alternative assurance upon a finding that an owner or operator

or parent corporation no longer meets a financial test.

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

Section 724.247 Liability Requirements

a) Coverage for sudden accidental occurrences. An owner or operator of a

hazardous waste treatment, storage, or disposal facility, or a group of such

facilities, must demonstrate financial responsibility for bodily injury and property

damage to third parties caused by sudden accidental occurrences arising from

operations of the facility or group of facilities. The owner or operator must have

and maintain liability coverage for sudden accidental occurrences in the amount

of at least $1 million per occurrence with an annual aggregate of at least $2

million, exclusive of legal defense costs. This liability coverage may be

demonstrated as specified in subsections (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), or

(a)(6) of this Section:

1) An owner or operator may demonstrate the required liability coverage by

having liability insurance, as specified in this subsection (a).

A) Each insurance policy must be amended by attachment of the

Hazardous Waste Facility Liability Endorsement or evidenced by a

Certificate of Liability Insurance. The wording of the endorsement

must be that specified in Section 724.251. The wording of the

certificate of insurance must be that specified in Section 724.251.

The owner or operator must submit a signed duplicate original of

the endorsement or the certificate of insurance to the Agency. If

requested by the Agency, the owner or operator must provide a

signed duplicate original of the insurance policy. An owner or

operator of a new facility must submit the signed duplicate original

of the Hazardous Waste Facility Liability Endorsement or the

Certificate of Liability Insurance to the Agency at least 60 days

423

before the date on which hazardous waste is first received for

treatment, storage, or disposal. The insurance must be effective

before this initial receipt of hazardous waste.

B) Each insurance policy must be issued by an insurer that is licensed

by the Illinois Department of Insurance.

2) An owner or operator may meet the requirements of this Section by

passing a financial test or using the guarantee for liability coverage, as

specified in subsections (f) and (g) of this Section.

3) An owner or operator may meet the requirements of this Section by

obtaining a letter of credit for liability coverage, as specified in subsection

(h) of this Section.

4) An owner or operator may meet the requirements of this Section by

obtaining a surety bond for liability coverage, as specified in subsection (i)

of this Section.

5) An owner or operator may meet the requirements of this Section by

obtaining a trust fund for liability coverage, as specified in subsection (j)

of this Section.

6) An owner or operator may demonstrate the required liability coverage

through the use of combinations of insurance, financial test, guarantee,

letter of credit, surety bond, and trust fund, except that the owner or

operator may not combine a financial test covering part of the liability

coverage requirement with a guarantee unless the financial statement of

the owner or operator is not consolidated with the financial statement of

the guarantor. The amounts of coverage demonstrated must total at least

the minimum amounts required by this Section. If the owner or operator

demonstrates the required coverage through the use of a combination of

financial assurances under pursuant to this subsection (a), the owner or

operator must specify at least one such assurance as “primary” coverage

and must specify other such assurance as “excess” coverage.

7) An owner or operator must notify the Agency within 30 days whenever

any of the following occurs:

A) A claim results in a reduction in the amount of financial assurance

for liability coverage provided by a financial instrument authorized

in subsections (a)(1) through (a)(6) of this Section;

B) A Certification of Valid Claim for bodily injury or property

damages caused by sudden or non-sudden accidental occurrence

arising from the operation of a hazardous waste treatment, storage,

424

or disposal facility is entered between the owner or operator and

third-party claimant for liability coverage under pursuant to

subsections (a)(1) through (a)(6) of this Section; or

C) A final court order establishing a judgement for bodily injury or

property damage caused by a sudden or non-sudden accidental

occurrence arising from the operation of a hazardous waste

treatment, storage, or disposal facility is issued against the owner

or operator or an instrument that is providing financial assurance

for liability coverage under pursuant to subsections (a)(1) through

(a)(6) of this Section.

b) Coverage for nonsudden accidental occurrences. An owner or operator of a

surface impoundment, landfill, land treatment facility, or disposal miscellaneous

unit that is used to manage hazardous waste, or a group of such facilities, must

demonstrate financial responsibility for bodily injury and property damage to

third parties caused by nonsudden accidental occurrences arising from operations

of the facility or group of facilities. The owner or operator must have and

maintain liability coverage for nonsudden accidental occurrences in the amount of

at least $3 million per occurrence with an annual aggregate of at least $6 million,

exclusive of legal defense costs. An owner or operator meeting the requirements

of this Section may combine the required per-occurrence coverage levels for

sudden and nonsudden accidental occurrences into a single per-occurrence level,

and combine the required annual aggregate coverage levels for sudden and

nonsudden accidental occurrences into a single annual aggregate level. Owners

or operators who combine coverage levels for sudden and nonsudden accidental

occurrences must maintain liability coverage in the amount of at least $4 million

per occurrence and $8 million annual aggregate. This liability coverage may be

demonstrated as specified in subsections (b)(1), (b)(2), (b)(3), (b)(4), (b)(5), or

(b)(6) of this Section:

1) An owner or operator may demonstrate the required liability coverage by

having liability insurance, as specified in this subsection (b).