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JCAR350703-0804915r01
1
TITLE 35: ENVIRONMENTAL PROTECTION
2
SUBTITLE G: WASTE DISPOSAL
3
CHAPTER I: POLLUTION CONTROL BOARD
4
SUBCHAPTER b: PERMITS
5
6
PART 703
7
RCRA PERMIT PROGRAM
8
9
SUBPART A: GENERAL PROVISIONS
10
11
Section
12
703.100
Scope and Relation to Other Parts
13
703.101
Purpose
14
703.102
Electronic Reporting
15
703.110
References
16
17
SUBPART B: PROHIBITIONS
18
19
Section
20
703.120
Prohibitions in General
21 703.121
RCRA Permits
22 703.122
Specific Inclusions in Permit Program
23 703.123
Specific Exclusions from Permit Program
24 703.124
Discharges of Hazardous Waste
25
703.125
Reapplying for a Permit
26
703.126
Initial Applications
27
703.127
Federal Permits (Repealed)
28
29 SUBPART C: AUTHORIZATION BY RULE AND INTERIM STATUS
30
31
Section
32 703.140
Purpose and Scope
33
703.141
Permits by Rule
34 703.150
Application by Existing HWM Facilities and Interim Status Qualifications
35 703.151
Application by New HWM Facilities
36 703.152
Amended Part A Application
37
703.153
Qualifying for Interim Status
38
703.154
Prohibitions During Interim Status
39 703.155
Changes During Interim Status
40
703.156
Interim Status Standards
41
703.157
Grounds for Termination of Interim Status
42
703.158
Permits for Less Than an Entire Facility
43 703.159
Closure by Removal

 
JCAR350703-0804915r01
44 703.160
Procedures for Closure Determination
45 703.161
Enforceable Document for Post-Closure Care
46
47
SUBPART D: APPLICATIONS
48
49
Section
50
703.180
Applications in General
51
703.181
Contents of Part A
52 703.182
Contents of Part B
53
703.183
General Information
54
703.184
Facility Location Information
55 703.185
Groundwater Protection Information
56 703.186
Exposure Information
57 703.187
Solid Waste Management Units
58
703.188
Other Information
59 703.189
Additional Information Required to Assure Compliance with MACT Standards
60
703.191
Public Participation: Pre-Application Public Notice and Meeting
61
703.192
Public Participation: Public Notice of Application
62
703.193
Public Participation: Information Repository
63
703.200
Specific Part B Application Information
64
703.201
Containers
65 703.202
Tank Systems
66 703.203
Surface Impoundments
67 703.204
Waste Piles
68 703.205
Incinerators that Burn Hazardous Waste
69 703.206
Land Treatment
70
703.207
Landfills
71
703.208
Boilers and Industrial Furnaces Burning Hazardous Waste
72 703.209
Miscellaneous Units
73
703.210
Process Vents
74 703.211
Equipment
75
703.212
Drip Pads
76 703.213
Air Emission Controls for Tanks, Surface Impoundments, and Containers
77 703.214
Post-Closure Care Permits
78
79
SUBPART E: SPECIAL FORMS OF PERMITS
80
81
Section
82 703.220
Emergency Permits
83 703.221
Alternative Compliance with the Federal NESHAPS
84 703.222
Incinerator Conditions Prior to Trial Burn
85 703.223
Incinerator Conditions During Trial Burn
86 703.224
Incinerator Conditions After Trial Burn

 
JCAR350703-0804915r01
87
703.225
Trial Bums for Existing Incinerators
88 703.230
Land Treatment Demonstration
89 703.231
Research, Development and Demonstration Permits
90 703.232
Permits for Boilers and Industrial Furnaces Burning Hazardous Waste
91
703.234
Remedial Action Plans
92 703.238
RCRA Standardized Permits for Storage and Treatment Units
93
94
SUBPART F: PERMIT CONDITIONS OR DENIAL
95
96
Section
97 703.240
Permit Denial
98
703.241
Establishing Permit Conditions
99 703.242
Noncompliance Pursuant to Emergency Permit
100 703.243
Monitoring
101
703.244
Notice of Planned Changes (Repealed)
102 703.245
Twenty-four Hour Reporting
103
703.246
Reporting Requirements
104 703.247
Anticipated Noncompliance
105
703.248
Information Repository
106
107
SUBPART G: CHANGES TO PERMITS
108
109
Section
110
703.260
Transfer
111
703.270
Modification or Reissuance
112 703.271
Causes for Modification
113
703.272
Causes for Modification or Reissuance
114
703.273
Facility Siting
115
703.280
Peunit Modification at the Request of the Permittee
116
703.281
Class 1 Modifications
117
703.282
Class 2 Modifications
118
703.283
Class 3 Modifications
119
120
SUBPART H: REMEDIAL ACTION PLANS
121
122
Section
123
703.300
Special Regulatory Format
124 703.301
General Information
125 703.302
Applying for a RAP
126 703.303
Getting a RAP Approved
127 703.304
How a RAP May Be Modified, Reissued, or Terminated
128 703.305
Operating Under A RAP
129 703.306
Obtaining a RAP for an Off-Site Location

 
JCAR350703-0804915r01
130
131
SUBPART I: INTEGRATION WITH MAXIMUM ACH I
KVABLE
132
CONTROL TECHNOLOGY (MACT) STANDARDS
133
134
Section
135
703.320
Options for Incinerators and Cement and Lightweight Aggregate Kilns to
136
Minimize Emissions from Startup, Shutdown, and Malfunction Events
137
138
SUBPART J: RCRA STANDARDIZED PERMITS
139
FOR STORAGE AND TREATMENT UNITS
140
141
Section
142 703.350
General Information About RCRA Standardized Permits
143 703.351
Applying for a RCRA Standardized Permit
144 703.352
Information That Must Be Kept at the Facility
145 703.353
Modifying a RCRA Standardized Permit
146
147 703.APPENDIX A
Classification of Permit Modifications
148
149 AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the
150
Environmental Protection Act [415 ILCS 5/7.2, 22.4, and 27].
151
152 SOURCE: Adopted in R82-19 at 7 Ill. Reg. 14289, effective October 12, 1983; amended in
153
R83-24 at 8 Ill. Reg. 206, effective December 27, 1983; amended in R84-9 at 9 111. Reg. 11899,
154
effective July 24, 1985; amended in R85-22 at 10 Ill. Reg. 1110, effective January 2, 1986;
155
amended in R85-23 at 10 Ill. Reg. 13284, effective July 28, 1986; amended in R86-1 at 10 Ill.
156
Reg. 14093, effective August 12, 1986; amended in R86-19 at 10 Ill. Reg. 20702, effective
157 December 2, 1986; amended in R86-28 at 11 Ill. Reg. 6121, effective March 24, 1987; amended
158
in R86-46 at 11 Ill. Reg. 13543, effective August 4, 1987; amended in R87-5 at 11 Ill. Reg.
159
19383, effective November 12, 1987; amended in R87-26 at 12 Ill. Reg. 2584, effective January
160
15, 1988; amended in R87-39 at 12 Ill. Reg. 13069, effective July 29, 1988; amended in R88-16
161
at 13 Ill. Reg. 447, effective December 27, 1988; amended in R89-1 at 13 Ill. Reg. 18477,
162
effective November 13, 1989; amended in R89-9 at 14 Ill. Reg. 6278, effective April 16, 1990;
163
amended in R90-2 at 14 Ill. Reg. 14492, effective August 22, 1990; amended in R90-11 at 15 Ill.
164
Reg. 9616, effective June 17, 1991; amended in R91-1 at 15 Ill. Reg. 14554, effective September
165
30, 1991; amended in R91-13 at 16 Ill. Reg. 9767, effective June 9, 1992; amended in R92-10 at
166
17 Ill. Reg. 5774, effective March 26, 1993; amended in R93-4 at 17 Ill. Reg. 20794, effective
167 November 22, 1993; amended in R93-16 at 18 Ill. Reg. 6898, effective April 26, 1994; amended
168
in R94-7 at 18 Ill. Reg. 12392, effective July 29, 1994; amended in R94-5 at 18 111. Reg. 18316,
169
effective December 20, 1994; amended in R95-6 at 19 Ill. Reg. 9920, effective June 27, 1995;
170 amended in R95-20 at 20 Ill. Reg. 11225, effective August 1, 1996; amended in R96-10/R97-
171
3/R97-5 at 22 Ill. Reg. 553, effective December 16, 1997; amended in R98-12 at 22 Ill. Reg.
172
7632, effective April 15, 1998; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17930, effective

 
JCAR350703-0804915r01
173
September 28, 1998; amended in R98-21/R99-2/R99-7 at 23 Ill. Reg. 2153, effective January 19,
174
1999; amended in R99-15 at 23 Ill. Reg. 9381, effective July 26, 1999; amended in R00-13 at 24
175
Ill. Reg. 9765, effective June 20, 2000; amended in R01-21/R01-23 at 25 Ill. Reg. 9313, effective
176
July 9, 2001; amended in R02-1/R02-12/R02-17 at 26 Ill. Reg. 6539, effective April 22, 2002;
177
amended in R03-7 at 27 Ill. Reg. 3496, effective February 14, 2003; amended in R03-18 at 27 Ill.
178
Reg. 12683, effective July 17, 2003; amended in R05-8 at 29 Ill. Reg. 5966, effective April 13,
179
2005; amended in R06-5/R06-6/R06-7 at 30 Ill. Reg. 2845, effective February 23, 2006;
180
amended in R06-16/R06-17/R06-18 at 31 Ill. Reg. 487, effective December 20, 2006; amended
181
in R07-5/R07-14 at 32 Ill. Reg.
, effective
182
183
SUBPART D: APPLICATIONS
184
185 Section 703.182 Contents of Part
B
186
187
Part B information requirements presented in Sections 703.183 et seq. reflect the standards
188 promulgated in 35 Ill. Adm. Code 724. These information requirements are necessary in order
189 for the Agency to determine compliance with the 35 Ill. Adm. Code 724 standards. If an owner
190 or operator of a HWM facility can demonstrate that the information prescribed in Part B cannot
191 be provided to the extent required, the Agency may make allowance for submission of such
192 information on a case by case basis. Information required in Part B must be submitted to the
193
Agency and signed in accordance with the requirements in 35 Ill. Adm. Code 702.126. Certain
194
technical data, such as design drawings and specifications and engineering studies, must be
195
certified by a qualified Professional Enginee
•
•
. For post-closure
196
care permits, only the information specified in Section 703.214 is required in Part B of the permit
197
application. Part B of the RCRA application includes the following:
198
199
a)
General information (Section 703.183);
200
201
b)
Facility location information (Section 703.184);
202
203
c)
Groundwater protection information (Section 703.185);
204
205
d)
Exposure information (Section 703.186); and
206
207
e)
Specific information (Section 703.200 et seq.).
208
209 BOARD NOTE: Derived from 40 CFR 270.14(a) (2007)(2002).
210
211
(Source: Amended at 32 Ill. Reg.
, effective
)
212
213 Section 703.202 Tank Systems
214
215
Except as otherwise provided in 35 Ill. Adm. Code 724.290, the owner or operator of a facility

 
JCAR350703-0804915r01
216
that uses tanks to store or treat hazardous waste must provide the following additional
217
information:
218
219
a)
A written assessment that is reviewed and certified by aan independent, qualified
220
Professional Engineer, registered professional engineer as to the structural
221
integrity and suitability for handling hazardous waste of each tank system, as
222
required under 35 Ill. Adm. Code 724.291 and 724.292;
223
224
b)
Dimensions and capacity of each tank;
225
226
c)
Description of feed systems, safety cutoff, bypass systems, and pressure controls
227
(e.g., vents);
228
229 d)
A diagram of piping, instrumentation, and process flow for each tank system;
230
231 e)
A description of materials and equipment used to provide external corrosion
232
protection, as required under 35 Ill. Adm. Code 724.292(a)(3)(B);
233
234
For new tank systems, a detailed descriptions of how the tank systems will be
235
installed in compliance with 35 Ill. Adm. Code 724.292(b), (c), (d), and (e);
236
237
Detailed plans and description of how the secondary containment system for each
238
tank system is or will be designed, constructed
.
, and operated to meet the
239
requirements of 35 Ill. Adm. Code 724.293(a), (b), (c), (d), (e), and (f);
240
241 h)
For tank systems for which alternative design and operating practices are sought
242
pursuant to 35 Ill. Adm. Code 724.293(g), the following:
243
244
1)
Detailed plans and engineering and hydrogeologic reports, as appropriate,
245
describing alternate design and operating practices that will, in
246
conjunction with location aspects, prevent the migration of any hazardous
247
waste or hazardous constituents into the groundwater or surface water
248
during the life of the facility,
249
250
2)
A detailed assessment of the substantial present or potential hazards posed
251
to human health or the environment should a release enter the
252
environment, or
253
254
3)
A copy of the petition for alternative design and operating practices or, if
255
such have already been granted, a copy of the Board order granting
256
alternative design arid operating practices;
257
258
i)
Description of controls and practices to prevent spills and overflows, as required

 
JCAR350703-0804915r01
259
under 35 Ill. Adm. Code 724.294(b);
260
261 j)
For tank systems in which ignitable, reactive or incompatible wastes are to be
262
stored or treated, a description of how operating procedures and tank system and
263
facility design will achieve compliance with the requirements of 35 Ill. Adm.
264
Code 724.298 and 724.299; and
265
266
k)
Information on air emission control equipment, as required in Section 703.213.
267
268 BOARD NOTE: Derived from 40 CFR 270.16 (2007)(2002).
269
270
(Source: Amended at 32 Ill. Reg.
, effective )
271
272
Section 703.212 Drip Pads
273
274 Except as otherwise provided by 35 Ill. Adm. Code 724.101, the owner or operator of a
275
hazardous waste treatment, storage, or disposal facility that collects, stores, or treats hazardous
276 waste on drip pads must provide the following additional information:
277
278
a)
A list of hazardous wastes placed or to be placed on each drip pad.
279
280
b)
If an exemption is sought to Subpart F of 35 Ill. Adm. Code 724, as provided by
281
35 Ill. Adm. Code 724.190, detailed plans and an engineering report describing
282
how the requirements of 35 Ill. Adm. Code 724.190(b)(2) will be met.
283
284
c)
Detailed plans and an engineering report describing how the drip pad is or will be
285
designed, constructed, operated, and maintained to meet the requirements of 35
286
Ill. Adm. Code 724.673, including the as-built drawings and specifications. This
287
submission must address the following items, as specified in 35 Ill. Adm. Code
288
724.671:
289
290
1)
The design characteristics of the drip pad;
291
292
2)
The liner system;
293
294
3)
The leakage detection system, including the leak detection system and
295
how it is designed to detect the failure of the drip pad or the presence of
296
any releases of hazardous waste or accumulated liquid at the earliest
297
practicable time;
298
299
4)
Practices designed to maintain drip pads;
300
301
5)
The associated collection system;

 
JCAR350703-0804915r01
302
303
6)
Control of run-on to the drip pad;
304
305
7)
Control of run-off from the drip pad;
306
307
8)
The interval at which drippage and other materials will be removed from
308
the associated collection system and a statement demonstrating that the
309
interval will be sufficient to prevent overflow onto the drip pad;
310
311
9)
Cleaning procedures and documentation:
312
313
A)
Procedures for cleaning the drip pad at least once every seven days
314
to ensure the removal of any accumulated residues of waste or
315
other materials, including, but not limited to: rinsing, washing
316
with detergents or other appropriate solvents, or steam cleaning;
317
and
318
319
B)
Provisions for documenting the date, time, and cleaning procedure
320
used each time the pad is cleaned;
321
322
10)
Operating practices and procedures that will be followed to ensure that
323
tracking of hazardous waste or waste constituents off the drip pad due to
324
activities by personnel or equipment is minimized;
325
326
11)
Procedures for ensuring that, after removal from the treatment vessel,
327
treated wood from pressure and non-pressure processes is held on the drip
328
pad until drippage has ceased, including recordkeeping practices;
329
330
12)
Provisions for ensuring that collection and holding units associated with
331
the run-on and run-off control systems are emptied or otherwise managed
332
as soon as possible after storms to maintain design capacity of the system;
333
334
13)
If treatment is carried out on the drip pad, details of the process equipment
335
used, and the nature and quality of the residuals;
336
337
14)
A description of how each drip pad, including appurtenances for control of
338
run-on and run-off, will be inspected in order to meet the requirements of
339
35 Ill. Adm. Code 724.673. This information must be included in the
340
inspection plan submitted under Section 703.183(e);
341
342
15)
A certification signed by as
independent
qualified Professional Engineer;
343
registered professional engineer, stating that the drip pad design meets the
344
requirements of 35 Ill. Adm. Code 724.673(a) through (f); and

 
JCAR350703-0804915r01
345
346
16)
A description of how hazardous waste residues and contaminated
347
materials will be removed from the drip pad at closure, as required under
348
35 Ill. Adm. Code 724.675(a). For any waste not to be removed from the
349
drip pad upon closure, the owner or operator must submit detailed plans
350
and an engineering report describing how 35 Ill. Adm. Code 724.410(a)
351
and (b) will be complied with. This information must be included in the
352
closure plan and, where applicable, the post-closure plan submitted under
353
Section 703.183(m).
354
355 BOARD NOTE: Derived from 40 CFR 270.26 (2007)(2002).
356
357
(Source: Amended at 32 Ill. Reg.
, effective )
358
359 Section 703.213 Air Emission Controls for Tanks, Surface Impoundments, and Containers
360
361
Except as otherwise provided in 35 Ill. Adm. Code 724.101, the owner or operator of a tank, a
362
surface impoundment, or a container that uses air emission controls in accordance with the
363 requirements of Subpart CC of 35 Ill. Adm. Code 724 must provide the following additional
364 information:
365
366
a)
Documentation for each floating roof cover installed on a tank subject to 35 Ill.
367
Adm. Code 724.984(d)(1) or (d)(2) that includes infomiation prepared by the
368
owner or operator or provided by the cover manufacturer or vendor describing the
369
cover design, and certification by the owner or operator that the cover meets the
370
applicable design specifications, as listed in 35 Ill. Adm. Code 725.991(e)(1) or
371
(f)(1).
372
373
b)
Identification of each container area subject to the requirements of Subpart CC of
374
35 Ill. Adm. Code 724 and certification by the owner or operator that the
375
requirements of this Subpart D are met.
376
377
c)
Documentation for each enclosure used to control air pollutant emissions from
378
containers in accordance with the requirements of 35 Ill. Adm. Code
379
724.984(d)(5) or 724.986(e)(1)(ii) that includes records for the most recent set of
380
calculations and measurements performed by the owner or operator to verify that
381
the enclosure meets the criteria of a permanent total enclosure, as specified in
382
"Procedure T – Criteria for and Verification of a Permanent or Temporary Total
383
Enclosure" in appendix B to 40 CFR 52.741 (VOM Measurement Techniques for
384
Capture Efficiency), incorporated by reference in 35 Ill. Adm. Code 720.111(b).
385
386
d)
Documentation for each floating membrane cover installed on a surface
387
impoundment in accordance with the requirements of 35 Ill. Adm. Code

 
JCAR350703-0804915r01
388
724.985(c) that includes infoiniation prepared by the owner or operator or
389
provided by the cover manufacturer or vendor describing the cover design, and
390
certification by the owner or operator that the cover meets the specifications listed
391
in 35 Ill. Adm. Code 724.985(c)(1).
392
393
e)
Documentation for each closed-vent system and control device installed in
394
accordance with the requirements of 35 Ill. Adm. Code 724.987 that includes
395
design and performance information, as specified in Section 703.124(c) and (d).
396
397
An emission monitoring plan for both Method 21 (Determination of Volatile
398
Organic Compound Leaks) in appendix A to 40 CFR 60 (Test Methods),
399
incorporated by reference in 35 Ill. Adm. Code 720.111(b), and control device
400
monitoring methods. This plan must include the following information:
401
monitoring points, monitoring methods for control devices, monitoring frequency,
402
procedures for documenting exceedancesexeeeelenees, and procedures for
403
mitigating noncompliances.
404
405
g)
When an owner or operator of a facility subject to Subpart CC of 35 Ill. Adm.
406
Code 725 cannot comply with Subpart CC of 35 Ill. Adm. Code 724 by the date
407
of permit issuance, the schedule of implementation required under 35 Ill. Adm.
408 Code 725.982.
409
410 BOARD NOTE: Derived from 40 CFR 270.27(a) (2007)(2005).
411
412
(Source: Amended at 32 Ill. Reg.
, effective
)
413
414
SUBPART G: CHANGES TO PERMITS
415
416 Section 703.280 Permit Modification at the Request of the Permittee
417
418
a)
Class 1 modifications. See Section 703.281.
419
420
b)
Class 2 modifications. See Section 703.282.
421
422
c)
Class 3 modifications. See Section 703.283.
423
424
d)
Other modifications.
425
426
1)
In the case of modifications not explicitly listed in Appendix A of this
427
Part, the permittee may submit a Class 3 modification request to the
428
Agency, or the permittee may request a determination by the Agency that
429
the modification be reviewed and approved as a Class 1 or Class 2
430
modification. If the permittee requests that the modification be classified

 
JCAR350703-0804915r01
431
as a Class 1 or 2 modification, the petmittee must provide the Agency with
432
the necessary information to support the requested classification.
433
434
2)
The Agency must make the determination described in subsection (d)(1)
435
of this Section as promptly as practicable. In determining the appropriate
436
class for a specific modification, the Agency must consider the similarity
437
of the modification to other modifications codified in Appendix A of this
438
Part and the following criteria:
439
440
A)
Class 1 modifications apply to minor changes that keep the permit
441
current with routine changes to the facility or its operation. These
442
changes do not substantially alter the permit conditions or reduce
443
the capacity of the facility to adequately protect human health or
444
the environment. In the case of Class 1 modifications, the Agency
445
may require prior approval.
446
447
B)
Class 2 modifications apply to changes that are necessary to enable
448
a peunittee to respond, in a timely manner, to any of the following:
449
450
i)
Common variations in the types and quantities of the
451
wastes managed under the facility permit;
452
453
ii)
Technological advances; and
454
455
iii)
Changes necessary to comply with new regulations, where
456
these changes can be implemented without substantially
457
changing design specifications or management practices in
458
the permit.
459
460
C)
Class 3 modifications substantially alter the facility or its
461
operation.
462
463
e)
Temporary authorizations.
464
465
1)
Upon request of the permittee, the Agency must, without prior public
466
notice and comment, grant the permittee a temporary authorization in
467
accordance with this subsection (e). Temporary authorizations have a
468
term of not more than 180 days.
469
470
2)
Procedures.
471
472
A)
The permittee may request a temporary authorization for the
473
following:

 
JCAR350703-0804915r01
474
475
i)
Any Class 2 modification meeting the criteria in subsection
476
(e)(3)(B) of this Section; and
477
478
ii)
Any Class 3 modification that meets the criteria in
479
subsection (e)(3)(B)(i) of this Section or that meets the
480
criteria in subsections (e)(3)(B)(iii) through (e)(3)(B)(v) of
481
this Section and provides improved management or
482
treatment of a hazardous waste already listed in the facility
483
permit.
484
485
B)
The temporary authorization request must include the following:
486
487
i)
A description of the activities to be conducted under the
488
temporary authorization;
489
490
ii)
An explanation of why the temporary authorization is
491
necessary; and
492
493
iii)
Sufficient information to ensure compliance with 35 Ill.
494
Adm. Code 724 standards.
495
496
C)
The permittee must send a notice about the temporary
497
authorization request to all persons on the facility mailing list
498
maintained by the Agency and to appropriate units of State and
499
local governments, as specified in 35 Ill. Adm. Code
500
705.163(a)(5). This notification must be made within seven days
501
after submission of the authorization request.
502
503
3)
The Agency must approve or deny the temporary authorization as quickly
504
as practical. To issue a temporary authorization, the Agency must find as
505
follows:
506
507
A)
That the authorized activities are in compliance with the standards
508
of 35 Ill. Adm. Code 724.
509
510
B)
That the temporary authorization is necessary to achieve one of the
511
following objectives before action is likely to be taken on a
512
modification request:
513
514
i)
To facilitate timely implementation of closure or corrective
515
action activities;
516

 
JCAR350703-0804915r01
517
ii)
To allow treatment or storage in tanks, containers, or
518
containment buildings, in accordance with 35 Ill. Adm.
519
Code 728;
520
521
iii)
To prevent disruption of ongoing waste management
522
activities;
523
524
iv)
To enable the permittee to respond to sudden changes in the
525
types or quantities of the wastes managed under the facility
526
permit; or
527
528
v)
To facilitate other changes to adequately protect human
529
health and the environment.
530
531
4)
A temporary authorization must be reissued for one additional term of up
532
to 180 days, provided that the permittee has requested a Class 2 or 3
533
permit modification for the activity covered in the temporary
534
authorization, and either of the following is true:
535
536
A)
The reissued temporary authorization constitutes the Agency's
537
decision on a Class 2 permit modification in accordance with
538
Section 703.282(0(1)(D) or (f)(2)(D); or
539
540
B)
The Agency determines that the reissued temporary authorization
541
involving a Class 3 permit modification request is warranted to
542
allow the authorized activities to continue while the modification
543
procedures of 35 Ill. Adm. Code 703.283 are conducted.
544
545
f)
Public notice and appeals of permit modification decisions.
546
547
1)
The Agency must notify persons on the facility mailing list and
548
appropriate units of State and local government within 10 days after any
549
decision to grant or deny a Class 2 or 3 permit modification request. The
550
Agency must also notify such persons within 10 days after an automatic
551
authorization for a Class 2 modification goes into effect pursuant to
552
Section 703.282(0(3) or (f)(5).
553
554
2)
The Agency's decision to grant or deny a Class 2 or 3 permit modification
555
request may be appealed under the permit appeal procedures of 35 Ill.
556
Adm. Code 705.212.
557
558
3)
An automatic authorization that goes into effect pursuant to Section
559
703.282(0(3) or (0(5) may be appealed under the permit appeal

 
JCAR350703-0804915r01
560
procedures of 35 Ill. Adm. Code 705.212; however, the pemiittee may
561
continue to conduct the activities pursuant to the automatic authorization
562
until the Board enters a final order on the appeal notwithstanding the
563
provisions of 35 Ill. Adm. Code 705.204.
564
565
Newly regulated wastes and units.
566
567
1)
The permittee is authorized to continue to manage wastes listed or
568
identified as hazardous pursuant to 35 Ill. Adm. Code 721, or to continue
569
to manage hazardous waste in units newly regulated as hazardous waste
570
management units, if each of the following is true:
571
572
A)
The unit was in existence as a hazardous waste facility with respect
573
to the newly listed or characterized waste or newly regulated waste
574
management unit on the effective date of the final rule listing or
575
identifying the waste, or regulating the unit;
576
577
B)
The permittee submits a Class 1 modification request on or before
578
the date on which the waste becomes subject to the new
579
requirements;
580
581
C)
The pemiittee is in compliance with the applicable standards of 35
582
Ill. Adm. Code 725 and 726;
583
584
D)
The permittee also submits a complete class 2 or 3 modification
585
request within 180 days after the effective date of the rule listing or
586
identifying the waste, or subjecting the unit to management
587
standards pursuant to 35 Ill. Adm. Code 724, 725, or 726; and
588
589
E)
In the case of land disposal units, the permittee certifies that such
590
unit is in compliance with all applicable requirements of 35 Ill.
591
Adm. Code 725 for groundwater monitoring and financial
592
responsibility requirements on the date 12 months after the
593
effective date of the rule identifying or listing the waste as
594
hazardous, or regulating the unit as a hazardous waste management
595
unit. If the owner or operator fails to certify compliance with all
596
these requirements, the owner or operator loses authority to operate
597
pursuant to this Section.
598
599
2)
New wastes or units added to a facility's permit pursuant to this subsection
600
(g) do not constitute expansions for the purpose of the 25 percent capacity
601
expansion limit for Class 2 modifications.
602

 
JCAR350703-0804915r01
603 h)
Military hazardous waste munitions treatment and disposal. The permittee is
604
authorized to continue to accept waste military munitions notwithstanding any
605
permit conditions barring the peiinittee from accepting off-site wastes, if each of
606
the following is true:
607
608
1)
The facility was in existence as a hazardous waste facility and the facility
609
was already permitted to handle the waste military munitions on the date
610
when the waste military munitions became subject to hazardous waste
611
regulatory requirements;
612
613
2)
On or before the date when the waste military munitions become subject
614
to hazardous waste regulatory requirements, the permittee submits a Class
615
1 modification request to remove or amend the permit provision restricting
616
the receipt of off-site waste munitions; and
617
618
3)
The pelinittee submits a complete Class 2 modification request within 180
619
days after the date when the waste military munitions became subject to
620
hazardous waste regulatory requirements.
621
622
i)
Permit modification list. The Agency must maintain a list of all approved permit
623
modifications and must publish a notice once a year in a State-wide newspaper
624
that an updated list is available for review.
625
626
Combustion facility changes to meet federal 40 CFR 63 MACT standards. The
627
following procedures apply to hazardous waste combustion facility permit
628
modifications requested pursuant to Appendix A, paragraph L(9) of this Part.
629
630
1)
A facility owner or operator must have complied with the federal
631
notification of intent to comply (NIC) requirements of 40 CFR 63.1210
632
that was in effect prior to October 11, 2000, (see subpart EEE of 40 CFR
633
63 (2000), incorporated by reference in 35 Ill. Adm. Code 720.111(b)) in
634
order to request a permit modification pursuant to this Section for the
635
purpose of technology changes needed to meet the standards of 40 CFR
636
63.1203, 63.1204, and 63.1205, incorporated by reference in 35 Ill. Adm.
637
Code 720.111(b).
638
639
2)
If the Agency does not act to either approve or deny the request within 90
640
days of receiving it, the request must be deemed approved. The Agency
641
may, at its discretion, extend this 90-day deadline one time for up to 30
642
days by notifying the facility owner or operator in writing before the 90
643
days has expired. A facility owner or operator must comply with the NIC
644
requirements of 40 CFR 63.1210(b) and 63.1212(a) before a permit
645
modification can be requested under this Section for the purpose of

 
JCAR350703-0804915r01
646
technology changes needed to meet the 40 CFR 63.1215, 63.1216,
647
63.1217, 63.1218, 63.1219, 63.1220, and 63.1221 standards as added on
648
October 12, 2005, incorporated by reference in 35 Ill. Adm. Code
649
720.111(b).
650
651 k)
Waiver of RCRA permit conditions in support of transition to the federal 40 CFR
652
63 MACT standards.
653
654
1)
The facility owner or operator may request to have specific RCRA
655
operating and emissions limits waived by submitting a Class 1 permit
656
modification request under Appendix A of this Part, paragraph L.10. The
657
owner or operator must provide the information described in subsections
658
(k)(1)(A) though (k)(1)(C) of this Section, with Agency review subject to
659
the conditions of subsection (k)(1)(D) of this Section:
660
661
A)
It must identify the specific RCRA permit operating and emissions
662
limits that the owner or operator is requesting to waive;
663
664
B)
It must provide an explanation of why the changes are necessary in
665
order to minimize or eliminate conflicts between the RCRA permit
666
and MACT compliance; and
667
668
C)
It must discuss how the revised provisions will be sufficiently
669
protective.
670
671
D)
The Agency must approve or deny the request within 30 days after
672
receipt of the request. The Agency may, at its discretion, extend
673
this 30-day deadline one time for up to 30 days by notifying the
674
facility owner or operator in writing.
675
676
2)
To request this modification in conjunction with MACT performance
677
testing, where permit limits may only be waived during actual test events
678
and pretesting, as defined under 40 CFR 63.1207(h)(2)(i) and (h)(2)(ii),
679
incorporated by reference in 35 Ill. Adm. Code 720.111(b), for an
680
aggregate time not to exceed 720 hours of operation (renewable at the
681
discretion of the Agency) the owner or operator must fulfill the conditions
682
of subsection (k)(2)(A) of this Section, subject to the conditions of
683
subsection (k)(2)(B) of this Section:
684
685
A)
It must submit its modification request to the Agency at the same
686
time it submits its test plans to the Agency.
687
688
B)
The Agency may elect to approve or deny the request contingent

 
JCAR350703-0804915r01
689
upon approval of the test plans.
690
691
D
Performance Track member facilities. The following procedures apply to the
692
owners and operators of a Performance Track member facility that requests a
693
permit modification under paragraph 0.1. in Appendix A to this Part.
694
695
D
The owner or operator of a Performance Track member facility must have
696
complied with the requirements of 35 Ill. Adm. Code 724.115(b)(5) in
697
order to request a permit modification under this Section.
698
699
2)
The owner or operator of the Performance Track member facility should
700
consider the request for permit modification approved if the Agency does
701
not, in writing, within 60 days after receiving an application, either deny
702
the request for permit modification or notify the owner or operator of the
703
Performance Track member facility that the Agency has extended the 60-
704
day deadline. During an extension of the 60-day deadline, the owner or
705
operator of the Performance Track member facility must adhere to the
706
revised inspection schedule outlined in its request for pennit modification,
707
and it must maintain a copy of the application in the facility's operating
708
record.
709
710
BOARD NOTE: Derived from 40 CFR 270.42(d) through (1) (2007)(k) (2005), as
711
amended at 70 Fed. Rcg. 59102 (Oct. 12, 2005).
712
713 (Source: Amended at 32 Ill. Reg.
, effective
)
714
715
SUBPART J: RCRA STANDARDIZED PERMITS
716
FOR STORAGE AND TREATMENT UNITS
717
718
Section 703.350 General Information About RCRA Standardized Permits
719
720
a)
RCRA standardized permit. A RCRA standardized permit (RCRA) is a special
721
type of permit that authorizes the owner or operator of a facility to manage
722
hazardous waste. A RCRA standardized permit is issued pursuant to Subpart G of
723
35 Ill. Adm. Code 705 and this Subpart J.
724
725
BOARD NOTE: Subsection (a) of this Section is derived from 40 CFR 270.250
726
(2007), as added at 70 Fed. Reg. 53420 (Sep. 8, 2005).
727
728
b)
Eligibility for a RCRA standardized permit.
729
730
1)
The facility owner or operator may be eligible for a RCRA standardized
731
permit if the following conditions are fulfilled:

 
JCAR350703-0804915r01
732
733
A)
The facility generates hazardous waste and then stores or non-
734
thermally treats the hazardous waste on-site in containers, tanks, or
735
containment buildings; or
736
737
B)
The facility receives hazardous waste generated off-site by a
738
generator under the same ownership as the receiving facility, and
739
the facility stores or non-thermally treats the hazardous waste in
740
containers, tanks, or containment buildings.
741
742
C)
The Agency must inform the facility owner or operator of its
743
eligibility for a RCRA standardized permit when the Agency
744
makes a decision on its permit application.
745
746
2)
This subsection (b)(2) corresponds with 40 CFR 270.255(b), which
747
USEPA has marked "Reserved." This statement maintains structural
748
consistency with the corresponding federal rules.
749
750
BOARD NOTE: Subsection (b) of this Section is derived from 40 CFR 270.255
751
(2007), as added at 70 Fed. Reg. 53420 (Scp. 8, 2005).
752
753
c)
Permit requirements applicable to a RCRA standardized permit. The following
754
provisions of this Part and 35 Ill. Adm. Code 702 apply to a RCRA standardized
755
permit:
756
757
1)
General Information: All provisions derived from subpart A of 40 CFR
758
270 apply: Sections 703.110, 703.121 through 703.124, 703.158 through
759
703.1601703.159, and 703.161(a) and 35 Ill. Adm. Code 702.104, 702.110,
760
702.181, and 720.111.
761
762
2)
Peimit Application: All provisions derived from 40 CFR 270.10, 270.11,
763
270.12, 270.13, and 270.29 in subpart B of 40 CFR 270 apply: Sections
764
703.125, 703.126, 703.150 though 703.152, 703.157, 703.181, 703.186,
765
703.188, and 703.240 and 35 Ill. Adm. Code 702.103, 702.120 through
766
702.124, and 702.126.
767
768
3)
Permit Conditions: All provisions derived from subpart C of 40 CFR 270
769
apply: Sections 703.241 through 703.248 and 35 Ill. Adm. Code 702.140
770
through 702.152, 702.160, and 702.162 through 702.164.
771
772
4)
Changes to Permit: All provisions derived from 40 CFR 270.40, 270.41,
773
and 270.43 in subpart D of 40 CFR 270 apply: Sections 703.260 and
774
703.270 though 703.273 and 35 Ill. Adm. Code 702.186.

 
JCAR350703-0804915r01
775
776
5)
Expiration and Continuation of Peiiiiits: All provisions derived from
777
subpart E of 40 CFR 270 apply: 35 Ill. Adm. Code 702.125 and 702.161.
778
779
6)
Special Forms of Permits: The provision derived from 40 CFR 270.67 in
780
subpart F of 40 CFR 270 apply: Section 703.238.
781
782
7)
Interim Status: All provisions derived from subpart G of 40 CFR 270
783
apply: Sections 703.153 through 703.157.
784
785
8)
Remedial Action Plans: No provisions derived from subpart H of 40 CFR
786
270 apply: no provisions of Subpart H of 35 Ill. Adm. Code 703 apply.
787
788
9)
RCRA Standardized Permits: All provisions derived from subpart J of 40
789
CFR 270 apply: this Subpart J.
790
791
BOARD NOTE: Subsection (c) of this Section is derived from 40 CFR 270.260
792
(2007), as added at 70 Fed. Reg. 53420 (Sep. 8, 2005).
793
794
(Source: Amended at 32 Ill. Reg.
, effective )
795
796 Section 703.352 Information That Must Be Kept at the Facility
797
798
a)
General types of information to be maintained at the facility. The facility owner
799
or operator must keep the following information at its facility:
800
801
1)
A general description of the facility;
802
803
2)
Results of chemical and physical analyses of the hazardous waste and
804
hazardous debris handled at the facility. At a minimum, these results of
805
analyses must contain all the information that the owner or operator must
806
know to treat or store the wastes properly pursuant to 35 Ill. Adm. Code
807
727;
808
809
3)
A copy of the waste analysis plan required by 35 Ill. Adm. Code
810
727.110(d)(2);
811
812
4)
A description of the security procedures and equipment required by 35 Ill.
813
Adm. Code 727.110(e);
814
815
5)
A copy of the general inspection schedule required by 35 Ill. Adm. Code
816
727.110(f)(2). The owner or operator must include in the inspection

 
JCAR350703-0804915r01
817
schedule applicable requirements of 35 Ill. Adm. Code 724.933, 724.952,
818
724.953, 724.958, 724.988, 727.270(e), and 727.290(d) and (f);
819
820
6)
A justification of any modification of the preparedness and prevention
821
requirements of 35 Ill. Adm. Code 727.130(a) through (f);
822
823
7)
A copy of the contingency plan required by 35 Ill. Adm. Code 727.150;
824
825
8)
A description of procedures, structures, or equipment used at the facility to
826
accomplish each of the following:
827
828
A)
Prevent hazards in unloading operations (for example, use ramps,
829
special forklifts);
830
831
B)
Prevent runoff from hazardous waste handling areas to other areas
832
of the facility or environment, or to prevent flooding (for example,
833
with berms, dikes, trenches, etc.);
834
835
C)
Prevent contamination of water supplies;
836
837
D)
Mitigate effects of equipment failure and power outages;
838
839
E)
Prevent undue exposure of personnel to hazardous waste (for
840
example, requiring protective clothing); and
841
842
F)
Prevent releases to atmosphere;
843
844
9)
A description of precautions to prevent accidental ignition or reaction of
845
ignitable, reactive, or incompatible wastes as required by 35 Ill. Adm.
846
Code 727.110(h);
847
848
10)
The traffic pattern, estimated volume (number, types of vehicles) and
849
control (for example, show turns across traffic lanes, and stacking lanes;
850
describe access road surfacing and load bearing capacity; show traffic
851
control signals, etc.);
852
853
11)
This subsection (a)(11) corresponds with 40 CFR 270.290(k), which
854
USEPA has marked "Reserved." This statement maintains structural
855
consistency with the corresponding federal rules;
856
857
12)
An outline of both the introductory and continuing training programs that
858
the owner or operator will use to prepare employees to operate or maintain
859
its facility safely as required by 35 Ill. Adm. Code 727.110(g). A brief

 
JCAR350703-0804915r01
860
description of how training will be designed to meet actual job tasks
861
pursuant to 35 Ill. Adm. Code 727.110(g)(1)(B) requirements;
862
863
13)
A copy of the closure plan required by 35 Ill. Adm. Code 727.210(c).
864
Include, where applicable, as part of the plans, specific requirements in 35
865
Ill. Adm. Code 727.270(g), 727.290(1), and 727.900(i);
866
867
14)
This subsection (a)(14) corresponds with 40 CFR 270.290(n), which
868
USEPA has marked "Reserved." This statement maintains structural
869
consistency with the corresponding federal rules;
870
871
15)
The most recent closure cost estimate for the facility prepared pursuant to
872
35 Ill. Adm. Code 727.240(c) and a copy of the documentation required to
873
demonstrate financial assurance pursuant to 35 Ill. Adm. Code 727.240(d).
874
For a new facility, the owner or operator may gather the required
875
documentation 60 days before the initial receipt of hazardous wastes;
876
877
16)
This subsection (a)(16) corresponds with 40 CFR 270.290Q)), which
878
USEPA has marked "Reserved." This statement maintains structural
879
consistency with the corresponding federal rules;
880
881
17)
Where applicable, a copy of the insurance policy or other documentation
882
that complies with the liability requirements of 35 Ill. Adm. Code
883
727.240(h). For a new facility, documentation showing the amount of
884
insurance meeting the specification of 35 Ill. Adm. Code 727.240(h)(1)
885
that the owner or operator plans to have in effect before initial receipt of
886
hazardous waste for treatment or storage;
887
888
18)
Where appropriate, proof of coverage by a State financial mechanism, as
889
required by 35 Ill. Adm. Code 727.240(j) or 727.240(k);
890
891
19)
A topographic map showing a distance of 1,000 feet around the facility at
892
a scale of 2.5 centimeters (1 inch) equal to not more than 61.0 meters (200
893
feet). The map must show elevation contours. The contour interval must
894
show the pattern of surface water flow in the vicinity of and from each
895
operational unit of the facility. For example, contours with an interval of
896
1.5 meters (5 feet), if relief is greater than 6.1 meters (20 feet), or an
897
interval of 0.6 meters (2 feet), if relief is less than 6.1 meters (20 feet). If
898
the facility is in a mountainous area, the owner or operator should use
899
large contour intervals to adequately show topographic profiles of the
900
facility. The map must clearly show each of the following:
901
902
A)
The map scale and date;

 
JCAR350703-0804915r01
903
904
B)
Any 100-year flood plain area;
905
906
C)
All surface waters including intermittent streams;
907
908
D)
The surrounding land uses (residential, commercial, agricultural,
909
recreational, etc.);
910
911
E)
A wind rose (i.e., prevailing windspeed and direction);
912
913
F)
The orientation of the map (north arrow);
914
915
G)
Legal boundaries of the facility site;
916
917
H)
Facility access control (fences, gates);
918
919
I)
All injection and withdrawal wells both on-site and off-site;
920
921
J)
All buildings; treatment, storage, or disposal operations; and other
922
structures (recreation areas, runoff control systems, access and
923
internal roads, storm, sanitary, and process sewerage systems,
924
loading and unloading areas, fire control facilities, etc.);
925
926
K)
Barriers for drainage or flood control; and
927
928
L)
The location of operational units within the facility where
929
hazardous waste is (or will be) treated or stored (including
930
equipment cleanup areas).
931
932
BOARD NOTE: Subsection (a) of this Section is derived from 40 CFR 270.290
933
(2007), as addcd at 70 Fed. Reg. 53420 (Scp. 8, 2005).
934
935
b)
Container information to be maintained at the facility. If the facility owner or
936
operator stores or treats hazardous waste in containers, it must keep the following
937
information at its facility:
938
939
1)
A description of the containment system to demonstrate compliance with
940
the container storage area provisions of 35 Ill. Adm. Code 727.270(d).
941
This description must show the following information:
942
943
A)
The basic design parameters, dimensions, and materials of
944
construction;
945

 
JCAR350703-0804915r01
946
B)
How the design promotes drainage or how containers are kept from
947
contact with standing liquids in the containment system;
948
949
C)
The capacity of the containment system relative to the number and
950
volume of containers to be stored;
951
952
D)
The provisions for preventing or managing run-on; and
953
954
E)
How accumulated liquids can be analyzed and removed to prevent
955
overflow;
956
957
2)
For storage areas that store containers holding wastes that do not contain
958
free liquids, a demonstration of compliance with 35 Ill. Adm. Code
959
727.270(d)(3), including the following:
960
961
A)
Test procedures and results or other documentation or information
962
to show that the wastes do not contain free liquids; and
963
964
B)
A description of how the storage area is designed or operated to
965
drain and remove liquids or how containers are kept from contact
966
with standing liquids;
967
968
3)
Sketches, drawings, or data demonstrating compliance with 35 Ill. Adm.
969
Code 727.270(e) (location of buffer zone (15m or 50ft) and containers
970
holding ignitable or reactive wastes) and 35 Ill. Adm. Code 727.270(f)(3)
971
(location of incompatible wastes in relation to each other), where
972
applicable;
973
974
4)
Where incompatible wastes are stored or otherwise managed in containers,
975
a description of the procedures used to ensure compliance with 35 Ill.
976
Adm. Code 727.270(0(1) and (0(2), and 35 Ill. Adm. Code 727.110(h)(2)
977
and (h)(3); and
978
979
5)
Information on air emission control equipment as required by Section
980
703.352(e).
981
982
BOARD NOTE: Subsection (b) of this Section is derived from 40 CFR 270.300
983
(2007), as added at 70 Fcd. Reg. 53420 (Sep. 8, 2005).
984
985
c)
Tank information to be maintained at the facility. If the facility owner or operator
986
uses tanks to store or treat hazardous waste, it must keep the following
987
information at its facility:
988

 
JCAR350703-0804915r01
989
1)
A written assessment that is reviewed and certified by an independent,
990
qualified, registered professional engineer on the structural integrity and
991
suitability for handling hazardous waste of each tank system, as required
992
pursuant to 35 Ill. Adm. Code 727.290(b) and (c);
993
994
2)
The dimensions and capacity of each tank;
995
996
3)
A description of feed systems, safety cutoff, bypass systems, and pressure
997
controls (e.g., vents);
998
999
4)
A diagram of piping, instrumentation, and process flow for each tank
1000
system;
1001
1002
5)
A description of materials and equipment used to provide external
1003
corrosion protection, as required pursuant to 35 Ill. Adm. Code
1004
727.290(b);
1005
1006
6)
For new tank systems, a detailed description of how the tank systems will
1007
be installed in compliance with 35 Ill. Adm. Code 727.290(c) and (e);
1008
1009
7)
Detailed plans and description of how the secondary containment system
1010
for each tank system is or will be designed, constructed, and operated to
1011
meet the requirements of 35 Ill. Adm. Code 727.290(f) and (g);
1012
1013
8)
This subsection (c)(8) corresponds with 40 CFR 270.305(h), which
1014
USEPA has marked "Reserved." This statement maintains structural
1015
consistency with the corresponding federal rules;
1016
1017
9)
A description of controls and practices to prevent spills and overflows, as
1018
required pursuant to 35 Ill. Adm. Code 727.290(i);
1019
1020
10)
For tank systems in which ignitable, reactive, or incompatible wastes are
1021
to be stored or treated, a description of how operating procedures and tank
1022
system and facility design will achieve compliance with 35 Ill. Adm. Code
1023
727.290(m) and (n); and
1024
1025
11)
Information on air emission control equipment, as required by Section
1026
703.352(e).
1027
1028
BOARD NOTE: Subsection (c) of this Section is derived from 40 CFR 270.305
1029
(2007), as added at 70 Fod. Reg. 53420 (Sep. 8, 2005).
1030

 
JCAR350703-0804915r01
1031
d)
Equipment information to be maintained at the facility. If the facility has
1032
equipment to which Subpart BB of 35 Ill. Adm. Code 724 applies, the facility
1033
owner or operator must keep the following information at its facility:
1034
1035
1)
For each piece of equipment to which Subpart BB of 35 Ill. Adm. Code
1036
724 applies, the following:
1037
1038
A)
The equipment identification number and hazardous waste
1039
management unit identification;
1040
1041
B)
The approximate locations within the facility (e.g., identify the
1042
hazardous waste management unit on a facility plot plan);
1043
1044
C)
The type of equipment (e.g., a pump or a pipeline valve);
1045
1046
D)
The percent by weight of total organics in the hazardous waste
1047
stream at the equipment;
1048
1049
E)
The phase of the hazardous waste at the equipment (e.g., gas or
1050
vapor or liquid); and
1051
1052
F)
The method of compliance with the standard (e.g., monthly leak
1053
detection and repair, or equipped with dual mechanical seals);
1054
1055
2)
For a facility that cannot install a closed-vent system and control device to
1056
comply with Subpart BB of 35 Ill. Adm. Code 724 on the effective date
1057
that the facility becomes subject to the Subpart BB provisions, an
1058
implementation schedule as specified in 35 Ill. Adm. Code 724.933(a)(2);
1059
1060
3)
Documentation that demonstrates compliance with the equipment
1061
standards in 35 Ill. Adm. Code 724.952 and 724.959. This documentation
1062
must contain the records required pursuant to 35 Ill. Adm. Code 724.964;
1063
and
1064
1065
4)
Documentation to demonstrate compliance with 35 Ill. Adm. Code
1066
724.960, which must include the following information:
1067
1068
A)
A list of all information references and sources used in preparing
1069
the documentation;
1070
1071
B)
Records, including the dates, of each compliance test required by
1072
35 Ill. Adm. Code 724.933(j);
1073

 
JCAR350703-0804915r01
1074
C)
A design analysis, specifications, drawings, schematics, and piping
1075
and instrumentation diagrams based on the appropriate sections of
1076
"APTI Course 415: Control of Gaseous Emissions," USEPA
1077
publication number EPA-450/2-81-005, incorporated by reference
1078
in 35 Ill. Adm. Code 720.111(a) or other engineering texts
1079
acceptable to the Agency that present basic control device design
1080
information. The design analysis must address the vent stream
1081
characteristics and control device operation parameters, as
1082
specified in 35 Ill. Adm. Code 724.935(b)(4)(iii);
1083
1084
D)
A statement signed and dated by the facility owner or operator that
1085
certifies that the operating parameters used in the design analysis
1086
reasonably represent the conditions that exist when the hazardous
1087
waste management unit is operating at the highest load or capacity
1088
level reasonable expected to occur; and
1089
1090
E)
A statement signed and dated by the facility owner or operator that
1091
certifies that the control device is designed to operate at an
1092
efficiency of 95 weight percent or greater.
1093
1094
BOARD NOTE: Subsection (d) of this Section is derived from 40 CFR 270.310
1095
(2007), as added at 70 Fed. Reg. 53420 (Sep. 8, 2005).
1096
1097
e)
Air emissions control information to be maintained at the facility. If the facility
1098
owner or operator has air emission control equipment subject to Subpart CC of 35
1099
Ill. Adm. Code 724, it must keep the following information at its facility:
1100
1101
1)
Documentation for each floating roof cover installed on a tank subject to
1102
35 Ill. Adm. Code 724.984(d)(1) or (d)(2) that includes information that
1103
the owner or operator prepared or the cover manufacturer or vendor
1104
provided describing the cover design, and the owner's or operator's
1105
certification that the cover meets applicable design specifications listed in
1106
35 Ill. Adm. Code 724.984(e)(1) or (f)(1);
1107
1108
2)
Identification of each container area subject to Subpart CC of 35 Ill. Adm.
1109
Code 724 and the owner's or operator's certification that the requirements
1110
of this Subpart J are met;
1111
1112
3)
Documentation for each enclosure used to control air pollutant emissions
1113
from tanks or containers pursuant to requirements of 35 Ill. Adm. Code
1114
724.984(d)(5) or 724.986(e)(1)(B). The owner or operator must include
1115
records for the most recent set of calculations and measurements that it
1116
performed to verify that the enclosure meets the criteria of a permanent

 
JCAR350703-0804915r01
1117
total enclosure as specified in appendix B to 40 CFR 52.741 (Procedure T
1118
– Criteria for and Verification of a Peinianent or Temporary Total
1119
Enclosure), incorporated by reference in 35 Ill. Adm. Code 720.111(b);
1120
1121
4)
This subsection (e)(4) corresponds with 40 CFR 270.315(d), which
1122
USEPA has marked "Reserved." This statement maintains structural
1123
consistency with the corresponding federal rules;
1124
1125
5)
Documentation for each closed-vent system and control device installed
1126
pursuant to 35 Ill. Adm. Code 724.987 that includes design and
1127
performance information, as specified in Section 703.210(c) and (d); and
1128
1129
6)
An emission monitoring plan for both Method 21 in appendix A to 40
1130
CFR 60 (Determination of Volatile Organic Compound Leaks),
1131
incorporated by reference in 35 Ill. Adm. Code 720.111(b), and control
1132
device monitoring methods. This plan must include the following
1133
information: monitoring points, monitoring methods for control devices,
1134
monitoring frequency, procedures for documenting
1135
exceedancesexeeedffic-es, and procedures for mitigating noncompliances.
1136
1137
BOARD NOTE: Subsection (e) of this Section is derived from 40 CFR 270.315
1138
(2007), as added at 70 Fed. Rcg. 53420 (Sep. 8, 2005).
1139
1140
(Source: Amended at 32 Ill. Reg.
, effective
)

 
JCAR350703-0804915r01
1141?
Section 703.APPENDIX A Classification of Permit Modifications
1142
Class Modifications
A. General Permit Provisions
1
1. Administrative and informational changes.
1
2. Correction of typographical errors.
1
3. Equipment replacement or upgrading with functionally equivalent
components (e.g., pipes, valves, pumps, conveyors, controls).
4. Changes in the frequency of or procedures for monitoring, reporting,
sampling, or maintenance activities by the permittee:
1 a.
To provide for more frequent monitoring, reporting, or
maintenance.
2
b.
Other changes.
5. Schedule of compliance:
1* a.
Changes in interim compliance dates, with prior approval of the
Agency.
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
*
1*
2
JCAR350703-0804915r01
b.
To incorporate changes associated with F039 (multi-source
leachate) sampling or analysis methods.
c.
To incorporate changes associated with underlying hazardous
constituents in ignitable or corrosive wastes.
d.
Other changes.
2. Changes to analytical quality assurance or quality control plan:
1
a.
To conform with agency guidance or regulations.
2
b.
Other changes.
1
3. Changes in procedures for maintaining the operating record.
2
4. Changes in frequency or content of inspection schedules.
5. Changes in the training plan:
2
a.
That affect the type or decrease the amount of training given to
employees.
1 b.
Other changes.
6. Contingency plan:
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.

 
JCAR350703-0804915r01
7. CQA plan:
1
a.
Changes that the CQA officer certifies in the operating record
will provide equivalent or better certainty that the unit
components meet the design specifications.
2
b.
Other changes.
Note: When a permit modification (such as introduction of a new unit)
requires a change in facility plans or other general facility standards,
that change must be reviewed under the same procedures as a permit
modification.
C. Groundwater Protection
1. Changes to wells:
2
a.
Changes in the number, location, depth, or design of upgradient
or downgradient wells of permitted groundwater monitoring
system.
1
b.
Replacement of an existing well that has been damaged or
rendered inoperable, without change to location, design, or depth
of the well.
1*
2. Changes in groundwater sampling or analysis procedures or monitoring
schedule, with prior approval of the Agency.
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.
22*
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(h)724.198(j), unless otherwise specified in this

 
JCAR350703-0804915r01
Appendix.
7. Compliance monitoring program:
3
a.
Addition of compliance monitoring program as required by 35 Ill.
Adm. Code 724.198(g)(4)724.198(h)(4) and 724.199.
2 b. Changes to a compliance monitoring program as required by 35
Ill. Adm. Code 724.199(j)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:
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.
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
1
*
1*

 
JCAR350703-0804915r01
impoundment, or land treatment unit to receive non-hazardous
wastes after final receipt of hazardous wastes under 35 Ill. Adm.
Code 724.213(d) or (e).
3
2.
Creation of a new landfill unit as part of closure.
3. Addition of the following new units to be used temporarily for closure
activities:
3
a.
Surface impoundments.
3
b.
Incinerators.
3
c.
Waste piles that do not comply with 35 Ill. Adm. Code
724.350(c).
2
d.
Waste piles that comply with 35 Ill. Adm. Code 724.350(c).
2
e.
Tanks or containers (other than specified in paragraph D(3)(f)
below).
1
f.
Tanks used for neutralization, dewatering, phase separation, or
component separation, with prior approval of the Agency.
2
g.
Staging piles.
E. Post-Closure
1
1.
Changes in name, address, or phone number of contact in post-closure
plan.
2
2.
Extension of post-closure care period.
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

 
JCAR350703-0804915r01
1.
Modification or addition of container units:
3 a. Resulting in greater than 25 percent increase in the facility's
container storage capacity, except as provided in F(1)(c) and
F(4)(a).
2
b.
Resulting in up to 25 percent increase in the facility's container
storage capacity, except as provided in F(1)(c) and F(4)(a).
1
c. Modification or addition of container units or treatment processes
necessary to treat wastes that are restricted from land disposal to
meet some or all of the applicable treatment standards, with prior
approval of the Agency. This modification may also involve the
addition of new waste codes or narrative description of wastes. It
is not applicable to dioxin-containing wastes (F020, F021, F022,
F023, F026, F027, and F028).
2.
Modification of container units without an increased capacity or
alteration of the system:
2
a.
Modification of a container unit without increasing the capacity
of the unit.
1
b.
Addition of a roof to a container unit without alteration of the
containment system.
3.
Storage of different wastes in containers, except as provided in F(4):
3
a.
That require additional or different management practices from
those authorized in the permit.
2
b.
That do not require additional or different management practices
from those authorized in the permit.
Note: See Section 703.280(g) for modification procedures to be
used for the management of newly listed or identified wastes.
4.
Storage or treatment of different wastes in containers:
2*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-

 
1
*
3
2
2
1*
1*
JCAR350703-0804915r01
containing wastes (F020, F021, F022, F023, F026, F027, and
F028).
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:
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).
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).
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.
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.
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

 
JCAR350703-0804915r01
increasing the capacity of the unit.
1
3.
Replacement of a tank with a tank that meets the same design standards
and has a capacity within ± 10 percent of the replaced tank provided:
a.
The capacity difference is no more than 1500 gallons,
b.
The facility's permitted tank capacity is not increased, and
c.
The replacement tank meets the same conditions in the permit.
2
4.
Modification of a tank management practice.
5.
Management of different wastes in tanks:
3
a.
That require additional or different management practices, tank
design, different fire protection specifications or significantly
different tank treatment process from that authorized in the
permit, except as provided in paragraph G(5)(c).
2
b.
That do not require additional or different management practices
or tank design, different fire protection specification, or
significantly different tank treatment process than authorized in
the permit, except as provided in paragraph G(5)(d).
Note: See Section 703.280(g) for modification procedures to be
used for the management of newly listed or identified wastes.
1*
c.
That require addition of units or change in treatment processes or
management standards, provided that the wastes are restricted
from land disposal and are to be treated to meet some or all of the
applicable treatment standards. The modification is not
applicable to dioxin-containing wastes (F020, F021, F022, F023,
F26,
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,
F27,
and F028).
Note: See Section 703.280(g) for modification procedures to be

 
JCAR350703-0804915r01
used for the management of newly listed or identified wastes.
H. Surface Impoundments
3
1.
3
2.
2
3.
2
4.
5.
1
Modification or addition of surface impoundment units that result in
increasing the facility's surface impoundment storage or treatment
capacity.
Replacement of a surface impoundment unit.
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.
Modification of a surface impoundment management practice.
Treatment, storage, or disposal of different wastes in surface
impoundments:
a.
That require additional or different management practices or
different design of the liner or leak detection system than
authorized in the permit.
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.
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).
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

 
JCAR350703-0804915r01
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.
3
2
2
2.
1
3.
2
4.
5.
Modification or addition of waste pile units:
a.
Resulting in greater than 25 percent increase in the facility's
waste pile storage or treatment capacity.
b.
Resulting in up to 25 percent increase in the facility's waste pile
storage or treatment capacity.
Modification of waste pile unit without increasing the capacity of the
unit.
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.
Modification of a waste pile management practice.
Storage or treatment of different wastes in waste piles:

 
JCAR350703-0804915r01
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.
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

 
JCAR350703-0804915r01
applicable to dioxin-containing wastes (F020, F021, F022, F023,
F026, F027, and F028).
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).
7.
Modification of unconstructed units to comply with 35 Ill. Adm. Code
724.351(c), 724.352, 724.353, 724.354(c), 724.401(c), 724.402,
724.403(c), and 724.404.
8.
Changes in response action plan:
3
a. Increase in action leakage rate.
3
b. Change in a specific response reducing its frequency or
effectiveness.
2
c. Other changes.
Note: See Section 703.280(g) for modification procedures to be
used for the management of newly listed or identified wastes.
K. Land Treatment
3
1.
Lateral expansion of or other modification of a land treatment unit to
increase area extent.
2
2.
Modification of runon control system.
3
3.
Modify runoff control system.
2
4.
Other modification of land treatment unit component specifications or
standards required in permit.
5.
Management of different wastes in land treatment units:
1
1
*

 
JCAR350703-0804915r01
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.
2
12. Changes in background values for hazardous constituents in soil and
soil-pore liquid.
2
13. Changes in sampling, analysis, or statistical procedure.

 
JCAR350703-0804915r01
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.
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;

 
JCAR350703-0804915r01
by substantially changing the design of any component used to remove
HC1/C12
, 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.
4.
Modification of an incinerator, boiler, or industrial furnace unit in a
manner that will not likely affect the capability of the unit to meet the
regulatory performance standards but which will change the operating
conditions or monitoring requirements specified in the permit. The
Agency may require a new trial burn to demonstrate compliance with
the regulatory performance standards.
5.
Operating requirements:
3
a. Modification of the limits specified in the permit for minimum or
maximum combustion gas temperature, minimum combustion gas
residence time, oxygen concentration in the secondary combustion
chamber, flue gas carbon monoxide or hydrocarbon concentration,
maximum temperature at the inlet to the PM emission control
system, or operating parameters for the air pollution control
system. The Agency must require a new trial burn to substantiate
compliance with the regulatory performance standards unless this
demonstration can be made through other means.
3
b. Modification of any stack gas emission limits specified in the
permit, or modification of any conditions in the permit concerning
emergency shutdown or automatic waste feed cutoff procedures or
controls.
2
c. Modification of any other operating condition or any inspection or
recordkeeping requirement specified in the permit.
6.
Burning different wastes:
3
a. If the waste contains a POHC that is more difficult to burn than
authorized by the permit or if burning of the waste requires
compliance with different regulatory performance standards than
specified in the permit, the Agency must require a new trial burn
to substantiate compliance with the regulatory performance
standards, unless this demonstration can be made through other

 
2
2
1
*
1
*
1
*
JCAR350703-0804915r01
means.
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 pelinit.
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:
a.
Modification of the trial burn plan or any of the permit conditions
applicable during the shakedown period for deteimining
operational readiness after construction, the trial burn period or the
period immediately following the trial burn.
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.
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.
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.
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

 
JCAR350703-0804915r01
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
1.
Approval of a corrective action management unit pursuant to 35 Ill.
Adm. Code 724.652.
2.
Approval of a temporary unit or time extension pursuant to 35 Ill.
Adm. Code 724.653.
3.
Approval of a staging pile or staging pile operating term extension
pursuant to 35 Ill. Adm. Code 724.654.
0. Burden Reduction

 
JCAR350703-0804915r01
1.
Approval of reduced inspection frequency for a Performance Track
member facility for one of the following:
1 a. A tank system pursuant to 35 Ill. Adm. Code 724.295.
1
b. A container pursuant to 35 Ill. Adm. Code 724.274.
1
c. A containment building pursuant to 35 Ill. Adm. Code
724.1101(c)(4).
1
d. An area subject to spills pursuant to 35 Ill. Adm. Code
724.115(b)(4).
1
2.
Development of one contingency plan based on Integrated
Contingency Plan Guidance pursuant to 35 Ill. Adm. Code 724.152(b).
1
3.
A change to recordkeeping and reporting requirements pursuant to any
of the following: 35 III. Adm. Code 724.156(i), 724.443(a)(2),
724.961(b)(1) and (d), 724.962(a)(2), 724.296(f), 724.200(g), or
724.213(e)(5).
1
4.
A change to inspection frequency for a tank system pursuant to 35 Ill.
Adm. Code 724.295(b).
1
5.
A change to a detection and compliance monitoring program pursuant
to 35 Ill. Adm. Code 724.198(d), (g)(2) or (g)(3), or 724.199(f) or (g).
Note: * indicates modifications requiring prior Agency approval.
BOARD NOTE: Derived from appendix Ito 40 CFR 270.42 (2007)(2005).
(Source: Amended at 32 Ill. Reg.
, effective
)

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