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.

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 (d)(11) of this Section. Failure to pay the premium,

without substitution of alternate financial assurance, as specified in this

Section, will constitute a significant violation of these regulations,

warranting such remedy as the Board may impose pursuant to the Environmental

Protection Act. Such violation will be deemed to begin upon receipt by the

Agency of a notice of future cancellation, termination, or failure to renew due

to nonpayment of the 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)

Interim status is terminated or revoked;

C)

Closure is ordered by the Board or a 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 operating 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,

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 alternate 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 (h) of this Section.

e)?

Financial test and corporate guarantee for post-closure care.

1)

?

An owner or operator may satisfy the requirements of this Section by

demonstrating that the owner or operator passes a financial test, as specified

in this subsection (e). To pass this test the owner or operator must meet the

criteria of either subsection (e)(1)(A) or (e)(1)(B) of this Section:

A)?

The owner or operator must have each of 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 new worth of at least $10 million; and

iv) Assets in the United States amounting to at least 90 percent of total

assets or at least six times the sum of the current closure and post-closure

cost estimates and the plugging and abandonment cost estimates.

B)?

The owner or operator must have each of 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 the 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 (e)(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 724.251). The phrases "current

plugging and abandonment cost estimates," as used in subsection (e)(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

each of 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 35 Ill. Adm. Code 724.251;

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 both of the following:

i)

That the accountant has compared the data that the letter from the chief

financial officer specifies as having been derived from the independently

audited, year-end financial statements for the latest fiscal year with the

amounts in such financial statements; and

ii)

In connection with that procedure, that no matters came to the

accountant's attention that caused the accountant to believe that the specified

data should be adjusted.

4)?

This subsection (e)(4) corresponds with 40 CFR 265.143(e)(4), a federal

provision relating to an extension of the time to file the proofs of financial

assurance required by this subsection (e) granted by USEPA. This statement

maintains structural consistency with the corresponding federal regulations.

5)

?

After the initial submission of items specified in subsection (e)(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 (e) (3) of this Section.

6)?

If the owner or operator no longer meets the requirements of subsection

(e)(1) of this Section, the owner or operator must send notice to the Agency of

intent to establish alternate financial assurance, as specified in this Section.

The notice must be sent by certified mail within 90 days after the end of the

fiscal year for which the year-end financial data show that the owner or

operator no longer meets the requirements. The owner or operator must provide

the alternate financial assurance within 120 days after the end of such fiscal

year

7)?

The Agency may, based on a reasonable belief that the owner or operator

may no longer meet the requirements of subsection (e) (1) of this Section,

require reports of financial condition at any time from the owner or operator in

addition to those specified in subsection (e)(3) of this Section. If the Agency

finds, on the basis of such reports or other information, that the owner or

operator no longer meets the requirements of subsection (e)(1) of this Section,

---

the owner or operator must provide alternate 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 (e)(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

alternate financial assurance, as specified in this Section, within 30 days

after notification of the 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 (e) (3) of this Section when either of the following occurs:

A)

An owner or operator substitutes alternate 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 (h) 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 (e)(1) through (e) (9) of this Section, and must comply

with the terms of the corporate guarantee. The wording of the corporate

guarantee must be identical to the wording specified in 35 Ill. Adm. Code

724.251. The corporate guarantee must accompany the items sent to the Agency as

specified in subsection (e) (3) 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 interim status 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 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 alternate financial

assurance, as specified in this Section, and obtain the written approval of such

alternate assurance from the Agency within 90 days after receipt by both the

owner or operator and the Agency of a notice of cancellation of the corporate

guarantee from the guarantor, the guarantor will provide such alternate

financial assurance in the name of the owner or operator.

f) Use of multiple financial mechanisms. An owner or operator may satisfy

the requirements of this Section by establishing more than one financial

mechanism per facility. These mechanisms are limited to trust funds, surety

bonds, letters of credit, and insurance. The mechanisms must be as specified in

subsections (a) through (d) 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.

g)

Use of a financial mechanism for multiple facilities. An owner or

operator may use a financial assurance mechanism specified in this Section to

meet the requirements of this Section for more than one facility. Evidence of

financial assurance submitted to the Agency must include a list showing, for

each facility, the USEPA Identification Number, name, address, and the amount of

funds for post-closure care assured by the mechanism. The amount of funds

available through the mechanism must be no less than the sum of funds that would

be available if a separate mechanism had been established and maintained for

each facility. The amount of funds available to the Agency must be sufficient

to provide post-closure care for all of the owner or operator's facilities. In

directing funds available through the mechanism for post-closure care of any of

the facilities covered by the mechanism, the Agency may direct only the amount

of funds designated for that facility, unless the owner or operator agrees to

the use of additional funds available under the mechanism.

h) 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

a qualified Professional Engineer

that the post-closure care period has been completed in accordance with the

approved post-closure plan, the Agency must notify the owner or operator in

writing that the owner or operator is no longer required by this Section to

maintain financial assurance for 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 a

detailed written statement of any such determination that post-closure care has

not been in accordance with the approved post-closure plan.

i)

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; or

2)

Requiring alternate assurance upon a finding that an owner or operator or

parent corporation no longer meets a financial test.

---

(Source: Amended at 32 Ill. Reg.

?

?

, effective ?

Section 725.247

?

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) through (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)(1).

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 and of the certificate of insurance

must be as specified in 35 Ill. Adm. Code 724.251. The wording of the

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.

B) Each insurance policy must be issued by an insurer that is licensed by the

Illinois Department of Financial and Professional Regulation, Division 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 pursuant to this subsection

---

(ba)(6), 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 one 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, or disposal facility is entered between

the owner or operator and third-party claimant for liability coverage pursuant

to subsections (a)(1) through (a)(6) of this Section; or

C)

A final court order establishing a judgment for bodily injury or property

damage caused by a sudden or non-sudden accidental occurrence arising from the

operation of a hazardous waste treatment, storage, or disposal facility is

issued against the owner or operator or an instrument that is providing

financial assurance for liability coverage 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, or land treatment facility 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. An owner

or operator that combines 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) through (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)(1).

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 as specified in 35 Ill. Adm.

Code 724.251. The wording of the certificate of insurance must be as specified

in 35 Ill. Adm. Code 724.251. The owner or operator 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.

B)

Each insurance policy must be issued by an insurer that is licensed by the

Illinois Department of Financial and Professional Regulation, Division 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 pursuant to this subsection_

(b) (6), 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 one 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

(b) (1) through (b) (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, or disposal facility is entered between

the owner or operator and third-party claimant for liability coverage pursuant

to subsections (b)(1) through (b)(6) of this Section; or

C)

A final court order establishing a judgment for bodily injury or property

damage caused by a sudden or non-sudden accidental occurrence arising from the

operation of a hazardous waste treatment, storage, or disposal facility is

issued against the owner or operator or an instrument that is providing

financial assurance for liability coverage pursuant to subsections (b) (1)

through (b)(6) of this Section.

c)?

Request for adjusted level of required liability coverage. If an owner or

operator demonstrates to the Agency that the levels of financial responsibility

required by subsections (a) or (b) of this Section are not consistent with the

degree and duration of risk associated with treatment, storage, or disposal at

the facility or group of facilities, the owner or operator may obtain an

adjusted level of required liability coverage from the Agency. The request for

an adjusted level of required liability coverage must be submitted in writing to

the Agency. If granted, the Agency's action must take the form of an adjusted

---

level of required liability coverage, such level to be based on the Agency

assessment of the degree and duration of risk associated with the ownership or

operation of the facility or group of facilities. The Agency may require an

owner or operator that requests an adjusted level of required liability coverage

to provide such technical and engineering information as is necessary to

determine a level of financial responsibility other than that required by

subsection (a) or (b) of this Section. The Agency must process any request for

an adjusted level of required liability coverage as if it were a permit

modification request pursuant to 35 Ill. Adm. Code 703.271(e)(3) and 705.128.

Notwithstanding any other provision, the Agency must hold a public hearing

whenever it finds, on the basis of requests, a significant degree of public

interest in a tentative decision to grant an adjusted level of required

liability insurance. The Agency may also hold a public hearing at its

discretion whenever such a hearing might clarify one or more issues involved in

the tentative decision.

d)

Adjustments by the Agency. If the Agency determines that the levels of

financial responsibility required by subsection (a) or (b) of this Section are

not consistent with the degree and duration of risk associated with treatment,

storage, or disposal at the facility or group of facilities, the Agency must

adjust the level of financial responsibility required pursuant to subsection (a)

or (b) of this Section as may be necessary to adequately protect human health

and the environment. This adjusted level must be based on the Agency's

assessment of the degree and duration of risk associated with the ownership or

operation of the facility or group of facilities. In addition, if the Agency

determines that there is a significant risk to human health and the environment

from non-sudden accidental occurrences resulting from the operations of a

facility that is not a surface impoundment, landfill or land treatment facility,

the Agency may require that an owner or operator of the facility comply with

subsection (b) of this Section. An owner or operator must furnish to the

Agency, within a time specified by the Agency in the request, which must not be

less than 30 days, any information that the Agency requests to determine whether

cause exists for such adjustments of level or type of coverage. The Agency must

process any request for an adjusted level of required liability coverage as if

it were a permit modification request pursuant to 35 Ill. Adm. Code

703.271(e)(3) and 705.128. Notwithstanding any other provision, the Agency must

hold a public hearing whenever it finds, on the basis of requests, a significant

degree of public interest in a tentative decision to grant an adjusted level of

required liability insurance. The Agency may also hold a public hearing at its

discretion whenever such a hearing might clarify one or more issues involved in

the tentative decision.

e)

Period of coverage. Within 60 days after receiving certifications from

the owner or operator and an independent registered professional engineer a

qualified Professional Engineer that final closure has been completed in

accordance with the approved closure plan, the Agency must notify the owner or

operator in writing that the owner or operator is no longer required by this

Section to maintain liability coverage for that facility, unless the Agency

determines that closure has not been in accordance with the approved closure

plan.

f)

Financial test for liability coverage.

1)?

An owner or operator may satisfy the requirements of this Section by

demonstrating that the owner or operator passes a financial test, as specified

in this subsection (f)(1). To pass this test the owner or operator must meet

the criteria of subsection (f)(1)(A) or (f)(1)(B) of this Section:

---

A)

?

The owner or operator must have each of the following:

i) Net working capital and tangible net worth each at least six times the

amount of liability coverage to be demonstrated by this test;

ii)

Tangible net worth of at least $10 million; and

iii) Assets in the United States amounting to either: at least 90 percent of

total assets; or at least six times the amount of liability coverage to be

demonstrated by this test.

B)

?

The owner or operator must have each of the following:

i)

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;

ii)

Tangible net worth of at least $10 million;

iii) Tangible net worth at least six times the amount of liability coverage to

be demonstrated by this test; and

iv) Assets in the United States amounting to either of the following: at

least 90 percent of total assets or at least six times the amount of liability

coverage to be demonstrated by this test.

2) The phrase "amount of liability coverage," as used in subsection (f)(1) of

this Section, refers to the annual aggregate amounts for which coverage is

required pursuant to subsections (a) and (b) of this Section.

3)

To demonstrate that the owner or operator meets this test, the owner or

operator must submit each of the following three items to the Agency:

A) A letter signed by the owner's or operator's chief financial officer and

worded as specified in 35 Ill. Adm. Code 724.251. If an owner or operator is

using the financial test to demonstrate both assurance for closure or post-

closure care, as specified by 35 Ill. Adm. Code 724.243(f) and 724.245(f), or by

Sections 725.243(e) and 725.245(e), and liability coverage, it must submit the

letter specified in 35 Ill. Adm. Code 724.251 to cover both forms of financial

responsibility; a separate letter, as specified in 35 Ill. Adm. Code 724.251 is

not required.

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.

C)

A special report from the owner's or operator's independent certified

public accountant to the owner or operator stating as follows:

i)?

That the accountant has compared the data that the letter from the chief

financial officer specifies as having been derived from the independently

audited, year-end financial statements for the latest fiscal year with the

amounts in such financial statements; and

---

ii)?

In connection with that procedure, that no matters came to the

accountant's attention that caused the accountant to believe that the specified

data should be adjusted.

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 obtain insurance, a letter of

credit, a surety bond, a trust fund, or a guarantee for the entire amount of

required liability coverage, as specified in this Section. Evidence of

insurance must be submitted to the Agency within 90 days after the end of the

fiscal year for which the year-end financial data show that the owner or

operator no longer meets the test requirements.

7)

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 is cause for disallowance. The Agency must evaluate other

qualifications on an individual basis. The owner or operator must provide

evidence of insurance for the entire amount of required liability coverage, as

specified in this Section, within 30 days after notification of disallowance.

g

)

?

Guarantee for liability coverage.

1)?

Subject to subsection (g)(2) of this Section, an owner or operator may

meet the requirements of this Section by obtaining a written guarantee, referred

to as a " guarantee." The guarantor 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 and operators in subsections (f)(1) through (f)(6) of

this Section. The wording of the guarantee must be as specified in 35 Ill. Adm.

Code 724.251. A certified copy of the guarantee must accompany the items sent

to the Agency as specified in subsection (f)(3) 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, this letter must describe the value received in consideration of the

guarantee. If the guarantor is a firm with a "substantial business

relationship" with the owner or operator, this letter must describe this

"substantial business relationship" and the value received in consideration of

the guarantee. The terms of the guarantee must provide as follows:

A)

If the owner or operator fails to satisfy a judgment based on a

determination of liability for bodily injury or property damage to third parties

caused by sudden or nonsudden accidental occurrences (or both as the case may

be), arising from the operation of facilities covered by this guarantee, or

fails to pay an amount agreed to in settlement of claims arising from or alleged

to arise from such injury or damage, the guarantor will do so up to the limits

of coverage.

B) The guarantee remains in force unless the guarantor sends notice of

cancellation by certified mail to the owner or operator and to the Agency. The

---

guarantee must not be terminated unless and until the Agency approves alternate

liability coverage complying with Section 725.247 or 35 Ill. Adm. Code 724.247.

2)?

The guarantor must execute the guarantee in Illinois. The guarantee must

be accompanied by a letter signed by the guarantor that states as follows:

A)

The guarantee was signed in Illinois by an authorized agent of the

guarantor;

B) The guarantee is governed by Illinois law; and

C) The name and address of the guarantor's registered agent for service of

process.

3)

?

The guarantor must have a registered agent pursuant to Section 5.05 of the

Business Corporation Act of 1983 [805 ILCS 5/5.05] or Section 105.05 of the

General Not-for-Profit Corporation Act of 1986 [805 ILCS 105/105.05].

h)?

Letter of credit for liability coverage.

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, and submitting a copy of the letter of credit

to the Agency.

2)

The financial institution issuing the letter of credit must be an entity

that has the authority to issue letters of credit and whose letter of credit

operations are regulated and examined by the Illinois Commissioner of Banks and

Trust Companies.

3) The wording of the letter of credit must be as specified in 35 Ill. Adm.

Code 724.251.

4)

An owner or operator that uses a letter of credit to satisfy the

requirements of this Section may also establish a trust fund. Under the terms

of such a letter of credit, all amounts paid pursuant to a draft by the trustee

of the standby trust will be deposited by the issuing institution into the

standby trust in accordance with instructions from the trustee. The trustee of

the standby trust fund must be an entity that has the authority to act as a

trustee and whose trust operations are regulated and examined by the Illinois

Commissioner of Banks and Trust Companies, or that complies with the Corporate

Fiduciary Act [205 ILCS 620].

5)

The wording of the standby trust fund must be identical to the wording

specified in 35 Ill. Adm. Code 724.251(n).

i)?

Surety bond for liability coverage.

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 (i)

and submitting a copy of the bond to the Agency.

2)

The surety company issuing the bond must be licensed by the Illinois

Department of Financial and Professional Regulation, Division of Insurance.

3)

The wording of the surety bond must be as specified in 35 Ill. Adm. Code

724.251.

---

j)

?

Trust fund for liability coverage.

1)

An owner or operator may satisfy the requirements of this Section by

establishing a trust fund that conforms to the requirements of this subsection

and submitting a signed, duplicate original of the trust agreement to the

Agency.

2)

The trustee must be an entity that has the authority to act as a trustee

and whose trust operations are regulated and examined by the Illinois

Commissioner of Banks and Trust Companies, or that complies with the Corporate

Fiduciary Act [205 ILCS 620].

3)

The trust fund for liability coverage must be funded for the full amount

of the liability coverage to be provided by the trust fund before it may be

relied upon to satisfy the requirements of this Section. If at any time after

the trust fund is created the amount of funds in the trust fund is reduced below

the full amount of liability coverage to be provided, the owner or operator, by

the anniversary of the date of establishment of the fund, must either add

sufficient funds to the trust fund to cause its value to equal the full amount

of liability coverage to be provided, or obtain other financial assurance, as

specified in this Section, to cover the difference. For purposes of this

subsection, "the full amount of the liability coverage to be provided" means the

amount of coverage for sudden and nonsudden accidental occurrences required to

be provided by the owner or operator by this Section, less the amount of

financial assurance for liability coverage that is being provided by other

financial assurance mechanisms being used to demonstrate financial assurance by

the owner or operator.

4)

The wording of the trust fund must be as specified in 35 Ill. Adm. Code

724.251.

(Source: Amended at 32 Ill. Reg.

?--, effective ?

SUBPART I: USE AND MANAGEMENT OF CONTAINERS

Section 725.274

?

InspectionsThe

At least weekly,- the owner or operator must inspect areas where containers are

stored at 1 uct wcc]cly, looking except for the owner or operator of a

Performance Track member facility, which must conduct inspections at least once

each month after approval by the Agency. To apply for reduced inspection

frequency, the owner or operator of the Performance Track member facility must

follow the procedures described in Section 725.115(b)(5). The owner or operator

must look for leaking containers and for deterioration of containers 1 -'ks and

for deterioration caused by corrosion or other factors.

BOARD NOTE: See Section 725.271 for remedial action required if deterioration

or leaks are detected.

(Source: Amended at 32 Ill. Reg.

?--, effective

?

SUBPART J: TANK SYSTEMS

Section 725.291

?

Assessment of Existing Tank System Integrity

---

a)?

For each existing tank system that does not have secondary containment

meeting the requirements of Section 725.293, the owner or operator must

determine either that the tank system is not leaking or that it is unfit for

use. Except as provided in subsection (c), the owner or operator must, after

January 12, 1988, obtain and keep on file at the facility a written assessment

reviewed and certified by

? ?

, a qualified, registered professional

engineer Professional Engineer, in accordance with 35 Ill. Adm. Code 702.126(d),

that attests to the tank system's integrity.

b)

?

This assessment must determine whether the tank system is adequately

designed and has sufficient structural strength and compatibility with the

wastes to be stored or treated to ensure that it will not collapse, rupture, or

fail. At a minimum, this assessment must consider the following:

1)

Design standards, if available, according to which the tank and ancillary

equipment were constructed;

2)

Hazardous characteristics of the wastes that have been or will be handled;

3)

Existing corrosion protection measures;

4)

Documented age of the tank system, if available, (otherwise, an estimate

of the age); and

5)

Results of a leak test, internal inspection, or other tank integrity

examination, such that the following conditions are met:

A)

For non-enterable underground tanks, this assessment must consist of a

leak test that is capable of taking into account the effects of temperature

variations, tank end deflection, vapor pocket, and high water table effects.

B)

For other than non-enterable underground tanks and for ancillary

equipment, this assessment must be either a leak test, as described above, or an

internal inspection or other tank integrity examination certified by - _

4-ndependenr–a qualified, rcgictcrcd professional engineer Professional

Engineer, in accordance with 35 Ill. Adm. Code 702.126(d), that addresses

cracks, leaks, corrosion, and erosion.

BOARD NOTE: The practices described in the American Petroleum Institute (API)

Publication, "Guide for Inspection of Refinery Equipment," Chapter XIII,

"Atmospheric and Low-Pressure Storage Tanks," incorporated by reference in 35

Ill. Adm. Code 720.111(a), may be used, where applicable, as guidelines in

conducting the integrity examination of an other than non-enterable underground

tank system.

c)?

Tank systems that store or treat materials that become hazardous wastes

subsequent to July 14, 1986 must conduct this assessment within 12 months after

the date that the waste becomes a hazardous waste.

d) If, as a result of the assessment conducted in accordance with subsection

(a) of this Section, a tank system is found to be leaking or unfit for use, the

owner or operator must comply with the requirements of Sections 725.296.

(Source: Amended at 32 Ill. Reg.

?

—, effective ?

Section 725.292

?

Design and Installation of New Tank Systems or Components

---

a)?

An owner or operator of a new tank system or component must ensure that

the foundation, structural support, seams, connections, and pressure controls

(if applicable) are adequately designed and that the tank system has sufficient

structural strength, compatibility with the wastes to be stored or treated, and

corrosion protection so that it will not collapse, rupture, or fail. The owner

or operator must obtain a written assessment reviewed and certified by .

, a qualified, rcgictcrcd professional engineer Professional

Engineer, in accordance with 35 Ill. Adm. Code 702.126(d), attesting that the

system has sufficient structural integrity and is acceptable for the storing and

treating of hazardous waste. This assessment must include, at a minimum, the

following information:

1)

Design standards according to which the tanks and ancillary equipment is

or will be constructed.

2)

Hazardous characteristics of the wastes to be handled.

3)

For new tank systems or components in which the external shell of a metal

tank or any external metal component of the tank system is or will be in contact

with the soil or with water, a determination by a corrosion expert of the

following:

A)?

Factors affecting the potential for corrosion, including but not limited

to the following:

i)

Soil moisture content;

ii)

Soil pH;

iii)

Soil sulfides level;

iv)

Soil resistivity;

v)

Structure to soil potential;

vi)

Influence of nearby underground metal structures (e.g., piping);

vii)

Stray electric current;

viii)

Existing corrosion-protection measures (e.g., coating, cathodic

protection, etc.); and

B) The type and degree of external corrosion protection that are needed to

ensure the integrity of the tank system during the use of the tank system or

component, consisting of one or more of the following:

i) Corrosion-resistant materials of construction such as special alloys, or

fiberglass-reinforced plastic;

ii)

Corrosion-resistant coating (such as epoxy, fiberglass, etc.) with

cathodic protection (e.g., impressed current or sacrificial anodes); and

iii)

Electrical isolation devices such as insulating joints and flanges, etc.

BOARD NOTE: The practices described in the National Association of Corrosion

Engineers (NACE) Standard, "Control of External Corrosion on Metallic Buried,

Partially Buried, or Submerged Liquid Storage Systems," NACE Recommended

---

Practice RP0285, and "Cathodic Protection of Underground Petroleum Storage Tanks

and Piping Systems," API Recommended Practice 1632, each incorporated by

reference in 35 Ill. Adm. Code 720.111(a), may be used, where applicable, as

guidelines in providing corrosion protection for tank systems.

4)

For underground tank system components that are likely to be affected by

vehicular traffic, a determination of design or operational measures that will

protect the tank system against potential damage; and

5)

Design considerations to ensure the following:

A)

Tank foundations will maintain the load of a full tank;

B)

Tank systems will be anchored to prevent flotation or dislodgement where

the tank system is placed in a saturated zone, or is located within a seismic

fault zone; and

C)

Tank systems will withstand the effects of frost heave.

b)?

The owner and operator of a new tank system must ensure that proper

handling procedures are adhered to in order to prevent damage to the system

during installation. Prior to covering, enclosing or placing a new tank system

or component in use, an independent, qualified installation inspector or

an

, a qualified, rogictcrcd profcacional cnginccr Professional

Engineer, either of whom is trained and experienced in the proper installation

of tank systems or components, must inspect the system or component for the

presence of any of the following items:

1) Weld breaks;

2) Punctures;

3)

Scrapes of protective coatings;

4)

Cracks;

5)

Corrosion; and

6)

Other structural damage or inadequate construction or installation. All

discrepancies must be remedied before the tank system is covered, enclosed, or

placed in use.

c)

New tank systems or components and piping that are placed underground and

which are backfilled must be provided with a backfill material that is a

noncorrosive, porous, and homogeneous substance which is carefully installed so

that the backfill is placed completely around the tank and compacted to ensure

that the tank and piping are fully and uniformly supported.

d)

All new tanks and ancillary equipment must be tested for tightness prior

to being covered, enclosed or placed in use. If a tank system is found not to

be tight, all repairs necessary to remedy the leaks in the system must be

performed prior to the tank system being covered, enclosed, or placed in use.

e)

Ancillary equipment must be supported and protected against physical

damage and excessive stress due to settlement, vibration, expansion, or

contraction.

- -

---

BOARD NOTE: The piping system installation procedures described in

"Installation of Underground Petroleum Storage Systems," API Recommended

Practice 1615, or "Chemical Plant and Petroleum Refinery Piping," ASME/ANSI

Standard 331.3-1987, as supplemented by B31.3a-1988 and B31.3b-1988, each

incorporated by reference in 35 Ill. Adm. Code 720.111(a), may be used where

applicable, as guidelines for proper installation of piping systems.

f)

The owner and operator must provide the type and degree of corrosion

protection necessary, based on the information provided under subsection (a) (3)

of this Section, to ensure the integrity of the tank system during use of the

tanks system. An independent corrosion expert must supervise the installation

of a corrosion protection system that is field fabricated to ensure proper

installation.

g)

The owner and operator must obtain and keep on file at the facility

written statements by those persons required to certify the design of the tank

system and supervise the installation of the tank system in accordance with the

requirements of subsections (b) through (f) of this Section to attest that the

tank system was properly designed and installed and that repairs, pursuant to

subsections (b) and (d) of this Section were performed. These written

statements must also include the certification statement, as required in 35 Ill.

Adm. Code 702.126(d).

(Source: Amended at 32 Ill. Reg.

?--, effective ?

Section 725.293

?

Containment and Detection of Releases

a)?

In order to prevent the release of hazardous waste or hazardous

constituents to the environment, secondary containment that meets the

requirements of this Section must be provided (except as provided in subsections

(f) and (g) of this Section).

1)

For a new or existing tank system or component, prior to its being put

into service--.

2) For

Numbers F020, F021, F022, F023, F026, and F027, as dcfincd in 3

721.131, within two y

arc

after January 12, 1987;

agc, whichever come later;

For those existing tank systems for which the agc c

within cight years of January 12, 1987; but if the agc of the facility is

greater than seven years, secondary c ntainment must be provided by the time the

whichever comes later; and5-2-)-Fe-r--a tank systems system that

store stores or

tr at treats materials that become hazardous wastes subsequent to January 12,

1987, within the time intervals required in subsections (a)(1) through (a)(d) of

CZ.

---

1

must be uscd in placc of January 12, 1907 two y ars of, within two years after

the hazardous waste listing, or when the tank system has reached 15 years of

age, whichever comes later.

b)?

Secondary containment systems must be as follows:

1)

Designed, installed, and operated to prevent any migration of wastes or

accumulated liquid out of the system to the soil, groundwater, or surface water

at any time during the use of the tank system; and

2)

Capable of detecting and collecting releases and accumulated liquids until

the collected material is removed.

c)?

To meet the requirements of subsection (b) of this Section, secondary

containment systems must be at a minimum as follows:

1)

Constructed of or lined with materials that are compatible with the wastes

to be placed in the tank system and of sufficient strength and thickness to

prevent failure due to pressure gradients (including static head and external

hydrological forces), physical contact with the waste to which they are exposed,

climatic conditions, the stress of installation, and the stress of daily

operation (including stresses from nearby vehicular traffic);

2)

Placed on a foundation or base capable of providing support to the

secondary containment system and resistance to pressure gradients above and

below the system and capable of preventing failure due to settlement,

compression, or uplift;

3)

Provided with a leak detection system that is designed and operated so

that it will detect the failure of either the primary and secondary containment

structure or any release of hazardous waste or accumulated liquid in the

secondary containment system within 24 hours, or as otherwise provided in the

RCRA permit if the operator has demonstrated to the Agency, by way of permit

application, that the existing detection technology or site conditions will not

allow detection of a release within 24 hours;

4)

Sloped or otherwise designed or operated to drain and remove liquids

resulting from leaks, spills, or precipitation. Spilled or leaked waste and

accumulated precipitation must be removed from the secondary containment system

within 24 hours, or as otherwise provided in the RCRA permit if the operator has

demonstrated to the Agency, by way of permit application, that removal of the

released waste or accumulated precipitation cannot be accomplished within 24

hours.

BOARD NOTE: If the collected material is a hazardous waste under 35 Ill.

Adm. Code 721, it is subject to management as a hazardous waste in accordance

with all applicable requirements of 35 Ill. Adm. Code 722 through 728. If the

collected material is discharged through a point source to waters of the State,

it is subject to the NPDES permit requirement of Section 12(f) of the

Environmental Protection Act and 35 Ill. Adm. Code 309. If discharged to a

Publicly Owned Treatment Works (POTW), it is subject to the requirements of 35

Ill. Adm. Code 307 and 310. If the collected material is released to the

environment, it may be subject to the reporting requirements of 35 M. Adm.

Code 750.410 and federal 40 CFR 302.6.

d)?

Secondary containment for tanks must include one or more of the following

devices:

---

1)

A liner (external to the tank);

2) A vault;

3)

A double-walled tank; or

4)

An equivalent device as approved by the Board in an adjusted standards

proceeding.

e)?

In addition to the requirements of subsections (b), (c), and (d),

secondary containment systems must satisfy the following requirements:

1)?

External liner systems must be as follows:

A)

Designed or operated to contain 100 percent of the capacity of the largest

tank within the liner system's boundary;

B)

Designed or operated to prevent run-on or infiltration of precipitation

into the secondary containment system, unless the collection system has

sufficient excess capacity to contain run-on or infiltration. Such additional

capacity must be sufficient to contain precipitation from a 25-year, 24-hour

rainfall event;

C)

Free of cracks or gaps; and

D)

Designed and installed to completely surround the tank and to cover all

surrounding earth likely to come into contact with the waste if released from

the tanks (i.e., capable of preventing lateral as well as vertical migration of

the waste).

2)

?

Vault systems must be as follows:

A) Designed or operated to contain 100 percent of the capacity of the largest

tank within the vault system's boundary;

B)

Designed or operated to prevent run-on or infiltration of precipitation

into the secondary containment system, unless the collection system has

sufficient excess capacity to contain run-on or infiltration. Such additional

capacity must be sufficient to contain precipitation from a 25-year, 24-hour

rainfall event;

C)

Constructed with chemical-resistant water stops in place at all joints (if

any);

D)

Provided with an impermeable interior coating or lining that is compatible

with the stored waste and that will prevent migration of waste into the

concrete;

E)

Provided with a means to protect against the formation of and ignition of

vapors within the vault, if the waste being stored or treated:

i)

Meets the definition of ignitable waste under 35 Ill. Adm. Code 721.121;

Or

ii)

Meets the definition of reactive waste under 35 Ill. Adm. Code 721.123 and

may form an ignitable or explosive vapor; and

---

F)?

Provided with an exterior moisture barrier or be otherwise designed or

operated to prevent migration of moisture into the vault if the vault is subject

to hydraulic pressure.

3)?

Double-walled tanks must be as follows:

A) Designed as an integral structure (i.e., an inner tank within an outer

shell) so that any release from the inner tank is contained by the outer shell;

B) Protected, if constructed of metal, from both corrosion of the primary

tank interior and the external surface of the outer shell; and

C)

Provided with a built-in continuous leak detection system capable of

detecting a release within 24 hours or as otherwise provided in the RCRA permit

if the operator has demonstrated to the Agency, by way of permit application,

that the existing leak detection technology or site conditions will not allow

detection of a release within 24 hours.

BOARD NOTE: The provisions outlined in the Steel Tank Institute (STI) document

"Standard for Dual Wall Underground Steel Storage Tanks," incorporated by

reference in 35 Ill. Adm. Code 720.111(a), may be used as guidelines for aspects

of the design of underground steel double-walled tanks.

f)?

Ancillary equipment must be provided with full secondary containment

(e.g., trench, jacketing, double-walled piping, etc.) that meets the

requirements of subsections (c) and (h) of this Section, except for the

following:

1) Aboveground piping (exclusive of flanges, joints, valves, and connections)

that are visually inspected for leaks on a daily basis;

2) Welded flanges, welded joints, and welded connections that are visually

inspected for leaks on a daily basis;

3) Sealless or magnetic coupling pumps and sealless valves that are visually

inspected for leaks on a daily basis; and

4)

Pressurized aboveground piping systems with automatic shut-off devices

(e.g., excess flow check valves, flow metering shutdown devices, loss of

pressure actuated shut-off devices, etc.) that are visually inspected for leaks

on a daily basis.

g )?

Pursuant to Section 28.1 of the Environmental Protection Act [415 ILCS

5/28.1], and in accordance with Subpart D of 35 Ill. Adm. Code 104, an adjusted

standard will be granted by the Board regarding alternative design and operating

practices only if the Board finds either that the alternative design and

operating practices, together with location characteristics, will prevent the

migration of any hazardous waste or hazardous constituents into the groundwater

or surface water at least as effectively as secondary containment during the

active life of the tank system, or that in the event of a release that does

migrate to groundwater or surface water, no substantial present or potential

hazard will be posed to human health or the environment. New underground tank

systems may not receive an adjusted standard from the secondary containment

requirements of this Section through a justification in accordance with

subsection (g) (2) of this Section.

---

1)?

When determining whether to grant alternative design and operating

practices based on a demonstration of equivalent protection of groundwater and

surface water, the Board will consider whether the petitioner has justified an

adjusted standard based on the following factors:

A)

The nature and quantity of the waste;

B) The proposed alternate design and operation;

C)

The hydrogeologic setting of the facility, including the thickness of

soils between the tank system and groundwater; and

D)

All other factors that would influence the quality and mobility of the

hazardous constituents and the potential for them to migrate to groundwater or

surface water.

2)?

In deciding whether to grant alternative design and operating practices

based on a demonstration of no substantial present or potential hazard, the

Board will consider whether the petitioner has justified an adjusted standard

based on the following factors:

A)?

The potential adverse effects on groundwater, surface water, and land

quality taking the following into account:

i)

The physical and chemical characteristics of the waste in the tank system,

including its potential for migration;

ii) The hydrogeological characteristics of the facility and surrounding land;

iii)

The potential for health risks caused by human exposure to waste

constituents;

iv)

The potential for damage to wildlife; crops, vegetation, and physical

structures caused by exposure to waste constituents; and

v)

The persistence and permanence of the potential adverse effects;

B)?

The potential adverse effects of a release on groundwater quality, taking

the following into account:

i)

The quantity and quality of groundwater and the direction of groundwater

flow;

ii)

The proximity and withdrawal rates of water in the area;

iii)

The current and future uses of groundwater in the area; and

iv)

The existing quality of groundwater, including other sources of

contamination and their cumulative impact on the groundwater quality;

C)?

The potential adverse effects of a release on surface water quality,

taking the following into account:

i) The quantity and quality of groundwater and the direction of groundwater

flow;

ii) The patterns of rainfall in the region;

---

iii)

The proximity of the tank system to surface waters;

iv)

The current and future uses of surface waters in the area and water

quality standards established for those surface waters; and

v)

The existing quality of surface water, including other sources of

contamination and the cumulative impact on surface water quality; and

D)?

The potential adverse effects of a release on the land surrounding the

tank system, taking the following into account:

i)

The patterns of rainfall in the region; and

ii)

The current and future uses of the surrounding land.

3)?

The owner or operator of a tank system, for which alternative design and

operating practices had been granted in accordance with the requirements of

subsection (g)(1), at which a release of hazardous waste has occurred from the

primary tank system but has not migrated beyond the zone of engineering control

(as established in the alternative design and operating practices), must fulfill

the following requirements:

A)?

It must comply with the requirements of Section 725.296, except Section

725.296(d); and

B)?

It must decontaminate or remove contaminated soil to the extent necessary

to assure the following:

i)

It must enable the tank system, for which alternative design and operating

practices were granted, to resume operation with the capability for the

detection of and response to releases at least equivalent to the capability it

had prior to the release; and

ii)

It must prevent the migration of hazardous waste or hazardous constituents

to groundwater or surface water.

C)?

If contaminated soil cannot be removed or decontaminated in accordance

with subsection (g)(3)(B), it must comply with the requirements of Section

725.297(b).

4)?

The owner or operator of a tank system, for which alternative design and

operating practices had been granted in accordance with the requirements of

subsection (g) (1) of this Section, at which a release of hazardous waste has

occurred from the primary tank system and has migrated beyond the zone of

engineering control (as established in the alternative design and operating

practices, must fulfill the following requirements:

A)

It must comply with the requirements of Section 725.296(a), (b), (c), and

(d); and

B)

It must prevent the migration of hazardous waste or hazardous constituents

to groundwater or surface water, if possible, and decontaminate or remove

contaminated soil. If contaminated soil cannot be decontaminated or removed, or

if groundwater has been contaminated, the owner or operator must comply with the

requirements of Section 725.297(b);

---

C)

?

If repairing, replacing, or reinstalling the tank system, it must provide

secondary containment in accordance with the requirements of subsections (a)

through (f) of this Section, or make the alternative design and operating

practices demonstration to the Board again with respect to secondary containment

and meet the requirements for new tank systems in Section 725.292 if the tank

system is replaced. The owner or operator must comply with these requirements

even if contaminated soil is decontaminated or removed, and groundwater or

surface water has not been contaminated.

h)?

In order to make an alternative design and operating practices

demonstration, the owner or operator must follow the following procedures, in

addition to those specified in Section 28.1 of the Act [415 ILCS 5/28.1] and

Subpart D of 35 Ill. Adm. Code 104:

1)?

The owner or operator must file a petition for approval of alternative

design and operating practices according to the following schedule:

A)

For existing tank systems, at least 24 months prior to the date that

secondary containment must be provided in accordance with subsection (a) of this

Section; and

B)

For new tank systems, at least 30 days prior to entering into a contract

for installation of the tank system.

2)?

As part of the petition, the owner or operator must also submit the

following to the Board:

A)

A description of the steps necessary to conduct the demonstration and a

timetable for completing each of the steps. The demonstration must address each

of the factors listed in subsection (g)(1) or (g)(2) of this Section; and

B)

The portion of the Part B permit application specified in 35 Ill. Adm.

Code 703.202.

3)?

The owner or operator must complete its showing within 180 days after

filing its petition for approval of alternative design and operating practices.

4)?

The Agency must issue or modify the RCRA permit so as to require the

permittee to construct and operate the tank system in the manner that was

provided in any Board order approving alternative design and operating

practices.

i)?

All tank systems, until such time as secondary containment meeting the

requirements of this Section is provided, must comply with the following:

1)

For non-enterable underground tanks, a leak test that meets the

requirements of Section 725.291(b)(5) must be conducted at least annually.

2)

For other than non-enterable underground tanks and for all ancillary

equipment, an annual the owner or operator must either conduct a leak test, as

described in subsection (i)(1) of this Section, or an internal inspection or

other tank integrity examination, by? ?

, a qualified, registered

Professional Engineer, that addresses cracks, leaks, and

corrosion and or erosion must be conducted at least annually. The owner or

operator must remove the stored waste from the tank, if necessary, to allow the

condition of all internal tank surfaces to be assessed.

---

BOARD NOTE: The practices described in API Publication "Guide for

Inspection of Refinery Equipment," Chapter XIII, "Atmospheric and Low Pressure

Storage Tanks," incorporated by reference in 35 Ill. Adm. Code 720.111(a), may

be used, when applicable, as guidelines for assessing the overall condition of

the tank system.

3)

The owner or operator must maintain on file at the facility a record of

the results of the assessments conducted in accordance with subsections (i)(1)

through (i)(3) of this Section.

4)

If a tank system or component is found to be leaking or unfit for use as a

result of the leak test or assessment in subsections (i)(1) through (i)(3) of

this Section, the owner or operator must comply with the requirements of Section

725.296.

(Source: Amended at 32 Ill. Reg.

?

?

, effective ?

Section 725.295

?

Inspections

a)?

The owner or operator must inspect the following, where present, at least

once each operating day, data gathered from monitoring and leak detection

equipment (e.g., pressure or temperature gauges, monitoring wells, etc.) to

ensure that the tank system is being operated according to its design.

b)?

Except as noted under the subsection (c) of this Section, the owner or

operator must inspect the following at least once each operating day:

1)

Overfill/spill control equipment (e.g., waste-feed cutoff systems, bypass

systems, and drainage systems) to ensure that it is in good working order;

2)

The aboveground portion Above ground portions of the tank system, if any,

to detect corrosion or releases of waste; and

3)

according to its design; and43)?

The construction materials and the area

immediately surrounding the externally accessible portion of the tank system,

including the secondary containment structures system (e.g., dikes) to detect

erosion or signs of releases of hazardous waste (e.g., wet spots, dead

vegetation, etc.)-;-.

BOARD NOTE: Section 725.115(c) requires the owner or operator to remedy

any deterioration or malfunction the owner or operator finds. Section 725.296

requires the owner or operator to notify the Agency within 24 hours of

confirming a release. Also, federal 40 CFR 302 may require the owner or

operator to notify the National Response Center of a release.

c)?

The owner or operator of a tank system that either uses leak detection

equipment to alert facility personnel to leaks or implements established

workplace practices to ensure leaks are promptly identified must inspect at

least weekly those areas described in subsections (b)(1) through (b)(3) of this

Section. Use of the alternate inspection schedule must be documented in the

facility's operating record. This documentation must include a description of

the established workplace practices at the facility.

---

d)

The owner or operator of a Performance Track member facility may inspect

on a less frequent basis, after approval by the Agency, but it must inspect at

least once each month. To apply for a less than weekly inspection frequency,

the owner or operator of the Performance Track member facility must follow the

procedures described in Section 725.115(b)(5).

e)

Ancillary equipment that is not provided with secondary containment, as

described in Section 725.293(f)(1) through (f)(4), must be inspected at least

once each operating day.

bff) The owner or operator must inspect cathodic protection systems, if

present, according to, at a minimum, the following schedule to ensure that they

are functioning properly:

1)

The proper operation of the cathodic protection system must be confirmed

within six months after initial installation, and annually thereafter; and

2)

All sources of impressed current must be inspected or tested, as

appropriate, at least every other month.

BOARD NOTE: The practices described in "Control of External Corrosion on

Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems," NACE

Recommended Practice RP0285-85, or "Cathodic Protection of Underground Petroleum

Storage Tanks and Piping Systems," API Recommended Practice 1632, each

incorporated by reference in 35 Ill. Adm. Code 720.111(a), may be used, where

applicable, as guidelines in maintaining and inspecting cathodic protection

systems.

cga)

The owner or operator must document in the operating record of the

facility an inspection of those items in subsections (a) and (b) of this

Section.

(Source: Amended at 32 Ill. Reg. ?

, effective ?

)

Section 725.296

?

Response to Leaks or Spills and Disposition of Tank Systems

A tank system or secondary containment system from which there has been a leak

or spill, or which is unfit for use, must be removed from service immediately.

The owner or operator must satisfy the following requirements:

a)

Cease using; prevent flow or addition of wastes. The owner or operator

must immediately stop the flow of hazardous waste into the tank system or

secondary containment system and inspect the system to determine the cause of

the release.

b)

Removal of waste from tank system or secondary containment system.

1)

If the release was from the tank system, the owner or operator must,

within 24 hours after detection of the leak, remove as much of the waste as is

necessary to prevent further release of hazardous waste to the environment and

to allow inspection and repair of the tank system to be performed.

2)

If the release was to a secondary containment system, all released

materials must be removed within 24 hours to prevent harm to human health and

the environment.

---

c) Containment of visible releases to the environment. The owner or operator

must immediately conduct a visual inspection of the release and, based upon that

inspection, do the following:

1)

Prevent further migration of the leak or spill to soils or surface water;

and

2)

Remove and properly dispose of any visible contamination of the soil or

surface water.

d)?

Notifications; reports.

1)?

Any release to the environment, except as provided in subsection (d)(2) of

this Section, must be reported to the Agency within 24 hours after detection.

2)?

A leak or spill of hazardous waste is exempted from the requirements of

this subsection (d) if the following occur:

A)

The spill is less than or equal to a quantity of one pound; and

B)

The spill is immediately contained and cleaned-up.

3)?

Within 30 days after detection of a release to the environment, a report

containing the following information must be submitted to the Agency:

A)

Likely route of migration of the release;

B)

Characteristics of the surrounding soil (soil composition, geology,

hydrogeology, climate, etc.);

C)

Results of any monitoring or sampling conducted in connection with the

release (if available). If sampling or monitoring data relating to the release

are not available within 30 days, these data must be submitted to the Agency as

soon as they become available;

D)

Proximity to downgradient drinking water, surface water, and population

areas; and

E)

Description of response actions taken or planned.

e)?

Provision of secondary containment, repair, or closure.

1)

Unless the owner or operator satisfies the requirements of subsections

(e) (2) through (e)(4) of this Section, the tank system must be closed in

accordance with Section 725.297.

2)

If the cause of the release was a spill that has not damaged the integrity

of the system, the owner or operator may return the system to service as soon as

the released waste is removed and repairs, if necessary, are made.

3) If the cause of the release was a leak from the primary tank system into

the secondary containment system, the system must be repaired prior to returning

the tank system to service.

4)

If the source of the release was a leak to the environment from a

component of a tank system without secondary containment, the owner or operator

must provide the component of the system from which the leak occurred with

---

secondary containment that satisfies the requirements of Section 725.293 before

it is returned to service, unless the source of the leak is an aboveground

portion of a tank system. If the source is an aboveground component that can be

inspected visually, the component must be repaired and may be returned to

service without secondary containment as long as the requirements of subsection

(f) of this Section are satisfied. If a component is replaced to comply with

the requirements of this subsection (e) (4), that component must satisfy the

requirements for new tank systems or components in Sections 725.292 and 725.293.

Additionally, if a leak has occurred in any portion of a tank system component

that is not readily accessible for visual inspection (e.g., the bottom of an

inground or onground tank), the entire component must be provided with secondary

containment in accordance with Section 725.293 prior to being returned to use.

f)?

Certification of major repairs. If the owner or operator has repaired a

tank system in accordance with subsection (e) of this Section, and the repair

has been extensive (e.g., installation of an internal liner, repair of a

ruptured primary containment or secondary containment vessel, etc.), the tank

system must not be returned to service unless the owner or operator has obtained

a certification by

??

_ a qualified, rogistcrod profcssional cnginccr

Professional Engineer, in accordance with 35 Ill. Adm. Code 702.126(d) that the

repaired system is capable of handling hazardous wastes without release for the

intended life of the system. This certification must be

-?

- .

placed in the operating

record and maintained until closure of the facility.

BOARD NOTE: See Section 725.115(c) for the requirements necessary to remedy a

failure. Also, federal 40 CFR 302.6 requires the owner or operator to notify

the National Response Center of a release of any "reportable quantity."

(Source: Amended at 32 Ill. Reg.?--, effective

Section 725.301

?

Generators of 100 to 1,000 Kilograms of Hazardous Waste Per

Month

a)

The requirements of this Section apply to small quantity generators that

generate more than 100 kg but less than 1,000 kg of hazardous waste in a

calendar month, that accumulate hazardous waste in tanks for less than 180 days

(or 270 days if the generator must ship the waste greater than 200 miles), and

that do not accumulate over 6,000 kg on-site at any time.

b)

A generator of between 100 and 1,000 kg/mo hazardous waste must comply

with the following general operating requirements:

1)

Treatment or storage of hazardous waste in tanks must comply with Section

725.117(b);

2)

Hazardous wastes or treatment reagents must not be placed in a tank if

they could cause the tank or its inner liner to rupture, leak, corrode, or

otherwise fail before the end of its intended life;

3) Uncovered tanks must be operated to ensure at least 60 centimeters (2

feet) of freeboard unless the tank is equipped with a containment structure

(e.g., dike or trench), a drainage control system, or a diversion structure

(e.g., standby tank) with a capacity that equals or exceeds the volume of the

top 60 centimeters (2 feet) of the tank; and

---

4)?

Where hazardous waste is continuously fed into a tank, the tank must be

equipped with a means to stop this inflow (e.g., waste feed cutoff system or by-

pass system to a stand-by tank).

BOARD NOTE: These systems are intended to be used in the event of a leak or

overflow from the tank due to a system failure (e.g., a malfunction in the

treatment process, a crack in the tank, etc.).

c)?

A–Except as noted in subsection (d) of this Section, a generator of

between 100 and 1,000 kg/mo accumulating hazardous waste in tanks must inspect

the following, where present:

1)

Discharge control equipment (e.g., waste feed cutoff systems, by-pass

systems, and drainage systems) at least once each operating day, to ensure that

it is in good working order;

2)

Data gathered from monitoring equipment (e.g., pressure and temperature

gauges) at least once each operating day to ensure that the tank is being

operated according to its design;

3)

The level of waste in the tank at least once each operating day to ensure

compliance with subsection (b)(3) of this Section;

4)

The construction materials of the tank at least weekly to detect corrosion

or leaking of fixtures or seams; and

5)

The construction materials of and the area immediately surrounding

discharge confinement structures (e.g., dikes) at least weekly to detect erosion

or obvious signs of leakage (e.g., wet spots or dead vegetation).

BOARD NOTE: As required by Section 725.115(c), the owner or operator must

remedy any deterioration or malfunction the owner or operator finds.

d)?

A generator that accumulates between 100 and 1,000 kg/mo of hazardous

waste in tanks or tank systems which have full secondary containment and which

either uses leak detection equipment to alert facility personnel to leaks or

implements established workplace practices to ensure leaks are promptly

identified must inspect at least weekly, where applicable, the areas identified

in subsections (c)(1) through (c)(5) of this Section. Use of the alternate

inspection schedule must be documented in the facility's operating record. This

documentation must include a description of the established workplace practices

at the facility.

e) The owner or operator of a Performance Track member facility may inspect

on a less frequent basis after approval by the Agency, but it must inspect at

least once each month. To apply for a less than weekly inspection frequency,

the owner or operator of the Performance Track member facility must follow the

procedures described in Section 725.115(b)(5).

dfi) A generator of between 100 and 1,000 kg/mo accumulating hazardous waste in

tanks must, upon closure of the facility, remove all hazardous waste from tanks,

discharge control equipment, and discharge confinement structures.

BOARD NOTE: At closure, as throughout the operating period, unless the

owner or operator demonstrates, in accordance with 35 Ill. Adm. Code 721.103(d)

or (e), that any solid waste removed from the tank is not a hazardous waste, the

owner or operator becomes a generator of hazardous waste and must manage it in

---

accordance with all applicable requirements of 35 Ill. Adm. Code 722, 723, and

725.

ega)

A generator of between 100 and 1,000 kg/mo must comply with the following

special requirements for ignitable or reactive waste:

1)

?

Ignitable or reactive waste must not be placed in a tank unless one of the

following conditions are fulfilled:

A)?

The waste is treated, rendered, or mixed before or immediately after

placement in a tank so that the following is true of the waste:

i)

The resulting waste, mixture, or dissolution of material no longer meets

the definition of ignitable or reactive waste under 35 Ill. Adm. Code 721.121 or

721.123, and

ii)

Section 725.117(b) is complied with;

B)?

The waste is stored or treated in such a way that it is protected from any

material or conditions that may cause the waste to ignite or react; or

C)

?

The tank is used solely for emergencies.

2)?

The owner or operator of a facility that treats or stores ignitable or

reactive waste in covered tanks must comply with the buffer zone requirements

for tanks contained in Tables 2-1 through 2-6 of "Flammable and Combustible

Liquids Code," NFPA 30, incorporated by reference in 35 Ill. Adm. Code

720.111(a).

fh) A generator of between 100 and 1,000 kg/mo must comply with the following

special requirements for incompatible wastes:

1)

Incompatible wastes or incompatible wastes and materials (see appendix V

of 40 CFR 265 (Examples of Potentially Incompatible Waste), incorporated by

reference in 35 Ill. Adm. Code 720.111(b), for examples) must not be placed in

the same tank unless Section 725.117(b) is complied with.

2)

Hazardous waste must not be placed in an unwashed tank that previously

held an incompatible waste or material unless Section 725.117(b) is complied

with.

(Source: Amended at 32 Ill. Reg.?--, effective

SUBPART K: SURFACE IMPOUNDMENTS

Section 725.321?

Design and Operating Requirements

a)

?

The owner or operator of each new surface impoundment unit-en-wh-i-c-h-

construction commcncco aftcr January 29, 1992„ each lateral expansion of a

surface impoundment unit on which construction commcnccs aftcr July 29, 1992„

and each replacement of an existing surface impoundment unit that is to commcncc

, must install two or more liners and a leachate

collection and removal system between such liners, and operate the leachate

collection and removal system, in accordance with 35 Ill. Adm. Code 724.321(c),

unless exempted under 35 Ill. Adm. Code 724.321(d), (e), or (f). "Construction

---

b)

?

The owner or operator of each unit referred to in subsection (a) of this

Section must notify the Agency at least sixty days prior to receiving waste.

The owner or operator of each facility submitting notice must file a Part B

application within six months of the receipt of such notice.

c) The owner or operator of any replacement surface impoundment unit is

exempt from subsection (a) of this Section if the following conditions are

fulfilled:

1)

The existing unit was constructed in compliance with the design standards

of 35 Ill. Adm. Code 724.321(c), (d), and (e); and

BOARD NOTE: The cited subsections implemented the design standards of

sections 3004(o)(1)(A)(i) and (o)(5) of the Resource Conservation and Recovery

Act (42 USC 6924 (o) (1) (A) (i) and (o)(5)).

2)

There is no reason to believe that the liner is not functioning as

designed.

d)

?

The Agency must not require a double liner as set forth in subsection (a)

of this Section for any monofill, if the following conditions are fulfilled:

1) The monofill contains only hazardous wastes from foundry furnace emission

controls or metal casting molding sand, and such wastes do not contain

constituents that render the wastes hazardous for reasons other than the

toxicity characteristic in 35 Ill. Adm. Code 721.124, with USEPA hazardous waste

numbers D004 through D017; and

2)

No migration demonstration.

A)?

Design and location requirements.

i)

The monofill has at least one liner for which there is no evidence that

such liner is leaking. For the purposes of this subsection (d)(2)(A)(i) the

term "liner" means a liner designed, constructed, installed, and operated to

prevent hazardous waste from passing into the liner at any time during the

active life of the facility, or a liner designed, constructed, installed, and

operated to prevent hazardous waste from migrating beyond the liner to adjacent

subsurface soil, groundwater, or surface water at any time during the active

life of the facility. In the case of any surface impoundment that has been

exempted from the requirements of subsection (a) of this Section, of a liner

designed, constructed, installed, and operated to prevent hazardous waste from

passing beyond the liner, at the closure of such impoundment the owner or

operator must remove or decontaminate all waste residues, all contaminated liner

material and contaminated soil to the extent practicable. If all contaminated

soil is not removed or decontaminated, the owner or operator of such impoundment

must comply with appropriate post-closure requirements, including but not

limited to groundwater monitoring and corrective action;

ii) The monofill is located more than one-quarter mile from an underground

source of drinking water (as that term is defined in 35 Ill. Adm. Code 702.110);

and

iii)

The monofill is in compliance with generally applicable groundwater

monitoring requirements for facilities with RCRA permits; or

---

B)?

The owner or operator demonstrates to the Board that the monofill is

located, designed, and operated so as to assure that there will be no migration

of any hazardous constituent into groundwater or surface water at any future

time.

e)

In the case of any unit in which the liner and leachate collection system

have been installed pursuant to the requirements of subsection (a) of this

Section, and in good faith compliance with subsection (a) of this Section and

with guidance documents governing liners and leachate collection systems under

subsection (a) of this Section, the Agency must not require a liner or leachate

collection system that is different from that which was so installed pursuant to

subsection (a) of this Section when issuing the first permit to such facility,

except that the Agency is not precluded from requiring installation of a new

liner when the Agency finds that any liner installed pursuant to the

requirements of subsection (a) of this Section is leaking.

f)

A surface impoundment must maintain enough freeboard to prevent any

overtopping of the dike by overfilling, wave action, or a storm. Except as

provided in subsection (g) of this Section, there must be at least 60

centimeters (two feet) of freeboard.

g)

A freeboard level less than 60 centimeters (two feet) may be maintained if

the owner or operator obtains certification by a qualified engineer that

alternate design features or operating plans will, to the best of the engineer's

knowledge and opinion, prevent overtopping of the dike. The certification,

along with a written identification of alternate design features or operating

plans preventing overtopping, must be maintained at the facility.

BOARD NOTE: Any point source discharge from a surface impoundment to waters of

the State is subject to the requirements of Section 12 of the Environmental

Protection Act [415 ILCS 5/12]. Spills may be subject to Section 311 of the

Clean Water Act (33 USC 1321).

h)

Surface impoundments that are newly subject to this Part due to the

promulgation of additional listings or characteristics for the identification of

hazardous waste must be in compliance with subsections (a), (c), or (d) of this

Section not later than 48 months after the promulgation of the additional

listing or characteristic. This compliance period must not be cut short as the

result of the promulgation of land disposal prohibitions under 35 Ill. Adm. Code

728 or the granting of an extension to the effective date of a prohibition

pursuant to 35 III. Adm. Code 728.105, within this 48 month period.

i)

Refusal to grant an exemption or waiver, or grant with conditions, may be

appealed to the Board.

(Source: Amended at 32 Ill. Reg.?—, effective

Section 725.324 725.323 ?

Containment System

An earthen dike must have a protective cover, such as grass, shale, or rock to

minimize wind and water erosion and to preserve its structural integrity.

is derived from the original version of 40 CFR 265.223.

---

(Source: Renumbered from Section 725.324 and amended at 32 Ill. Reg.

effective

Section 725.323 725.324 ?

Response Actions

a)?

The owner or operator of surface impoundment units subject to Section

725.321(a) must submit develop and keep on site a response action plan to the

tion 725.322._

The response action plan must set forth the actions to be taken if the action

leakage rate has been exceeded. At a minimum, the response action plan must

describe the actions specified in subsection (b) of this Section.

b)?

If the flow rate into the LDS exceeds the action leakage rate for any

sump, the owner or operator must do the following:

1)

Notify the Agency in writing of theex-eeedenee–exceedance within seven

days after the determination;

2)

Submit a preliminary written assessment to the Agency within 14 days of

the determination, as to the amount of liquids; likely sources of liquids;

possible location, size, and cause of any leaks; and short-term actions taken

and planned;

3) Determine to the extent practicable the location, size, and cause of any

leak;

4)

Determine whether waste receipt should cease or be curtailed; whether any

waste should be removed from the unit for inspection, repairs, or controls; and

whether or not the unit should be closed;

5)

Determine any other short-term and longer-term actions to be taken to

mitigate or stop any leaks; and

6) Within 30 days after the notification that the action leakage rate has

been exceeded, submit to the Agency the results of the determinations specified

in subsections (b) (3) through (b)(5) of this Section, the results of actions

taken, and actions planned. Monthly thereafter, as long as the flow rate in the

LDS exceeds the action leakage rate, the owner or operator must submit to the

Agency a report summarizing the results of any remedial actions taken and

actions planned.

c)?

To make the leak or remediation determinations in subsections (b)(3)

through (b)(5) of this Section, the owner or operator must do either of the

following:

1)?

Perform the following assessments:

A)

Assess the source of liquids and amounts of liquids by source;

B)

Conduct a fingerprint, hazardous constituent, or other analyses of the

liquids in the LDS to identify the source of liquids and possible location of

any leaks, and the hazard and mobility of the liquid; and

C)

Assess the seriousness of any leaks in terms of potential for escaping

into the environment; or

2)?

Document why such assessments are not needed.

• - -

CZ*

- -

---

d)?

Final Agency determinations pursuant to this Section are deemed to be

permit denials for purposes of appeal to the Board pursuant to Section 40 of the

Environmental Protection Act [415 ILCS 5/40].

(Source: Renumbered from Section 725.323 and amended at 32 Ill. Reg.

effective

SUBPART L: WASTE PILES

Section 725.355?

Action Leakage Rates

a)

The owner or operator of waste pile units subject to Section 725.354 must

submit a proposed action leakage rate to the Agency when submitting the notice

required under Section 725.354. Within 60 days after receipt of the

notification, the Agency must either establish an action leakage rate, either

as proposed by the owner or operator or modified using the criteria in this

Section, or it must extend the review period for up to 30 days. If no action is

taken by the Agency before the original 60 or extended 90 day review period, the

action leakage rate must be approved as proposed by the owner or operator.

b)

The Agency must approve an action leakage rate for curfacc impoundmcnt

waste pile units subject to Section 725.354. The action leakage rate is the

maximum design flow rate that the LDS can remove without the fluid head on the

bottom liner exceeding one foot. The action leakage rate must include an

adequate safety margin to allow for uncertainties in the design (e.g., slope,

hydraulic conductivity, thickness of drainage material, etc.), construction,

operation, and location of the LDS; waste and leachate characteristics; the

likelihood and amounts of other sources of liquids in the LDS; and proposed

response actions (e.g., the action leakage rate must consider decreases in the

flow capacity of the system over time resulting from siltation and clogging, rib

layover, and creep of synthetic components of the system; overburden pressures;

etc.).

c)

To determine if the action leakage rate has been exceeded, the owner or

operator must convert the weekly flow rate from the monitoring data obtained

under Section 725.360, to an average daily flow rate (gallons per acre per day)

for each sump. The average daily flow rate for each sump must be calculated

weekly during the active life and closure period.

d)

Final Agency determinations pursuant to this Section are deemed to be

permit denials for purposes of appeal to the Board pursuant to Section 40 of the

Environmental Protection Act [415 ILCS 5/40].

(Source: Amended at 32 Ill. Reg.

?

?

, effective ?

Section 725.359

?

Response Actions

a)

The owner or operator of waste pile units subject to Section 725.354 must

submit a response action plan to the Agency when submitting the proposed action

leakage rate under Section 725.355. The response action plan must set forth the

actions to be taken if the action leakage rate has been exceeded. At a minimum,

the response action plan must describe the actions specified in subsection (b)

of this Section.

b)

If the flow rate into the leak determination system exceeds the action

leakage rate for any sump, the owner or operator must do the following:

---

1

1)

Notify the Agency in writing of the excccdcncc exceedance within seven

days after the determination;

2)

Submit a preliminary written assessment to the Agency within 14 days after

the determination as to the amount of liquids; likely sources of liquids;

possible location, size, and cause of any leaks; and short-term actions taken

and planned;

3)

Determine to the extent practicable the location, size, and cause of any

leak;

4)

Determine whether waste receipts should cease or be curtailed; whether any

waste should be removed from the unit for inspection, repairs, or controls; and

whether or not the unit should be closed;

5)

Determine any other short-term and longer-term actions to be taken to

mitigate or stop any leaks; and

6)

Within 30 days after the notification that the action leakage rate has

been exceeded, submit to the Agency the results of the determinations specified

in subsections (b)(3) through (b)(5) of this Section, the results of actions

taken, and actions planned. Monthly thereafter, as long as the flow rate in the

LDS exceeds the action leakage rate, the owner or operator must submit to the

Agency a report summarizing the results of any remedial actions taken and

actions planned.

c)?

To make the leak or remediation determinations in subsections (b)(3)

through (b)(5) of this Section, the owner or operator must do either of the

following:

1)?

Perform the following assessments:

A)

Assess the source of liquids and amounts of liquids by source;

B)

Conduct a fingerprint, hazardous constituent, or other analyses of the

liquids in the LDS to identify the source of liquids and possible location of

any leaks, and the hazard and mobility of the liquid; and

C)

Assess the seriousness of any leaks in terms of potential for escaping

into the environment; or

2)?

Document why such assessments are not needed.

d)?

Final Agency determinations pursuant to this Section are deemed to be

permit denials for purposes of appeal to the Board pursuant to Section 40 of the

Environmental Protection Act [415 ILCS 5/40].

(Source: Amended at 32 Ill. Reg.

??

, effective ?

)

SUBPART M: LAND TREATMENT

Section 725.380

?

Closure and Post-Closure Caro

a) In the closure plan under Section 725.212 and the post-closure plan under

Section 725.218 the owner or operator must address the following objectives and

indicate how they will be achieved:

---

1)

Control of the migration of hazardous waste and hazardous waste

constituents from the treated area into the groundwater;

2)

Control of the release of contaminated runoff from the facility into

surface water;

3)

Control of the release of airborne particulate contaminants caused by wind

erosion; and

4)

Compliance with Section 725.376 concerning the growth of food-chain crops.

b)?

The owner or operator must consider at least the following factors in

addressing the closure and post-closure care objectives of subsection (a) of

this Section:

1)

The type and amount of hazardous waste and hazardous waste constituents

applied to the land treatment facility;

2)

The mobility and the expected rate of migration of the hazardous waste and

hazardous waste constituents;

3)

The site location, topography, and surrounding land use with respect to

the potential effects of pollutant migration (e.g., proximity to groundwater,

surface water, and drinking water sources);

4)

Climate, including amount, frequency, and pH of precipitation;

5)

Geological and soil profiles and surface and subsurface hydrology of the

site and soil characteristics, including cation exchange capacity, total organic

carbon, and pH;

6)

Unsaturated zone monitoring information obtained under Section 725.378;

and

7)

The type, concentration, and depth of migration of hazardous waste

constituents in the soil, as compared to their background concentrations.

c)

?

The owner or operator must consider at least the following methods in

addressing the closure and post-closure care objectives of subsection (a) of

this Section:

1)?

Removal of contaminated soils;

2)?

Placement of a final cover, considering the following:

A)

Functions of the cover (e.g., infiltration control, erosion and runoff

control, and wind erosion control); and

B)

Characteristics of the cover, including material, final surface contours,

thickness, porosity and permeability, slope, length of run of slope, and type of

vegetation on the cover; and

3)?

Monitoring of groundwater.

---

d)

?

In addition to the requirements of Subpart G of this Part during the

closure period the owner or operator of a land treatment facility must do the

following:

1)

It must continue unsaturated zone monitoring in a manner and frequency

specified in the closure plan, except that soil pore liquid monitoring may be

terminated 90 days after the last application of waste to the treatment zone;

2)

It must maintain the run-on control system required under Section

725.372(b);

3)

It must maintain the run-off management system required under Section

725.372(c); and

4)

It must control wind dispersal of particulate matter that may be subject

to wind dispersal.

e)

?

For the purpose of complying with Section 725.215, when closure is

completed the owner or operator may submit to the Agency certification both by

the owner or operator and by an independent qualified soil scientist, in lieu

of?

a qualified Professional

Engineer, that the facility has been closed in accordance with the

specifications in the approved closure plan.

f)?

In addition to the requirements of Section 725.217, during the post-

closure care period the owner or operator of a land treatment unit must fulfill

the following requirements:

1)

It must continue soil-core monitoring by collecting and analyzing samples

in a manner and frequency specified in the post-closure plan;

2)

It must restrict access to the unit as appropriate for its post-closure

use;

3)

It must assure that growth of food chain crops complies with Section

725.376; and

4)

It must control wind dispersal of hazardous waste.

(Source: Amended at 32 Ill. Reg.

?

--, effective ?

SUBPART N: LANDFILLS

Section 725.401

?

Design Requirements

a)

The owner or operator of each new landfill unit on which construction

commences after January 29, 1992„ each lateral expansion of a landfill unit on

• h-i-ela--construction commences after July 29, 1992, and each replacement of an

existing landfill unit?

, _• ,

must

install two or more liners and a leachate collection and removal system above

and between such liners, and operate the leachate collection and removal systems

system, in accordance with 35 Ill. Adm. Code 724.401(c), unless exempted by 35

Ill. Adm. Code 724.401(d), (e) or (f).

35 Ill. Adm. Codc 720.110 under "existing facility."

b)

The owner or operator of each unit referred to in subsection (a) of this

Section must notify the Agency at least 60 days prior to receiving waste. The

---

owner or operator of each facility submitting notice must file a Part B

application within six months of the receipt of such notice.

c)

?

The owner or operator of any replacement landfill unit is exempt from

subsection (a) of this Section if both of the following are true:

1)

The existing unit was constructed in compliance with the design standards

of 35 Ill. Adm. Code 724.401(c), (d), and (e); and

BOARD NOTE: The cited subsections implemented the design standards of

sections 3004(0)(1)(A)(i) and (o)(5) of the Resource Conservation and Recovery

Act (42 USC 6924 (o) (1) (A) (i) and (o)(5)).

2)

There is no reason to believe that the liner is not functioning as

designed.

d)?

The Agency must not require a double liner as set forth in subsection (a)

of this Section for any monofill, if the following conditions are fulfilled:

1)

The monofill contains only hazardous wastes from foundry furnace emission

controls or metal casting molding sand, and such wosto doca wastes do not

contain constituents that render the wastes hazardous for reasons other the

toxicity characteristic in 35 Ill. Adm. Code 721.124, with hazardous waste

numbcr numbers D004 through D017; and

2)

Alternative demonstration.

A)?

Liner and location requirements.

i)

The monofill has at least one liner for which there is no evidence that

such liner is leaking;

ii)

The monofill is located more than one-quarter mile from an underground

source of drinking water (as that term is defined in 35 Ill. Adm. Code 702.110);

and

iii)

The monofill is in compliance with generally applicable groundwater

monitoring requirements for facilities with RCRA permits; or

B)?

The owner or operator demonstrates to the Board that the monofill is

located, designed, and operated so as to assure that there will be no migration

of any hazardous constituent into groundwater or surface water at any future

time.

e)?

In the case of any unit in which the liner and leachate collection system

have been installed pursuant to the requirements of subsection (a) of this

Section, and in good faith compliance with subsection (a) of this Section and

with guidance documents governing liners and leachate collection systems under

subsection (a)

e,_

?

,

the Agency must not require a liner or leachate

collection system that is different from that which was so installed pursuant to

subsection (a) of this Section when issuing the first permit to such facility,

except that the Agency is not precluded from requiring installation of a new

liner when the Agency finds that any liner installed pursuant to the

requirements of subsection (a) of this Section is leaking.

---

f) The owner or operator must design, construct, operate, and maintain a run-

on control system capable of preventing flow onto the active portion of the

landfill during peak discharge from at least a 25-year storm.

g)

The owner or operator must design, construct, operate, and maintain a run-

off management system to collect and control at least the water volume resulting

from a 24 hour, 25-year storm.

h) Collection and holding facilities (e.g., tanks or basins) associated with

run-on and run-off control systems must be emptied or otherwise managed

expeditiously after storms to maintain design capacity of the system.

i)

The owner or operator of a landfill containing hazardous waste that is

subject to dispersal by wind must cover or otherwise manage the landfill so that

wind dispersal of the hazardous waste is controlled.

BOARD NOTE: As required by Section 725.113, the waste analysis plan must

include analyses needed to comply with Sections 725.412, 725.413, and 725.414.

As required by Section 725.173, the owner or operator must place the results of

these analyses in the operating record of the facility.

(Source: Amended at 32 Ill. Reg.

?

—, effective ?

Section

725.403?

Response Actions

a)

The owner or operator of landfill units subject to Section 725.401(a) must

submit

develop and keep on site until closure of the facility a response action

plan

■ ■■■ -■? -■ ■--

cction 725.1-19-2-m_ The response action plan must set forth the actions to be

taken if the action leakage rate has been exceeded. At a minimum, the response

action plan must describe the actions specified in subsection (b) of this

Section.

b)

If the flow rate into the LDS exceeds the action leakage rate for any

sump, the owner or operator must do each of the following:

1)

Notify the Agency in writing of the ec-e-ee-ele-nee—exceedance within seven

days after the determination;

2)

Submit a preliminary written assessment to the Agency within 14 days after

the determination, as to the amount of liquids; likely sources of liquids;

possible location, size, and cause of any leaks; and short-term actions taken

and planned;

3) Determine to the extent practicable the location, size, and cause of any

leak;

4)

Determine whether waste receipt should cease or be curtailed; whether any

waste should be removed from the unit for inspection, repairs , or controls; and

whether or not the unit should be closed;

5)

Determine any other short-term and longer-term actions to be taken to

mitigate or stop any leaks; and

6) Within 30 days after the notification that the action leakage rate has

been exceeded, submit to the Agency the results of the determinations specified

in subsections (b)(3) through (b)(5) of this Section, the results of actions

---

taken, and actions planned. Monthly thereafter, as long as the flow rate in the

LDS exceeds the action leakage rate, the owner or operator must submit to the

Agency a report summarizing the results of any remedial actions taken and

actions planned.

c)?

To make the leak or remediation determinations in subsections (b)(3)

through (b)(5) of this Section, the owner or operator must do either of the

following:

1)?

Perform the following assessments:

A)

Assess the source of liquids and amounts of liquids by source;

B)

Conduct a fingerprint, hazardous constituent or other analyses of the

liquids in the LDS to identify the source of liquids and possible location of

any leaks, and the hazard and mobility of the liquid; and

C)

Assess the seriousness of any leaks in terms of potential for escaping

into the environment; or

2)?

Document why such assessments are not needed.

d)?

Final Agency determinations pursuant to this Section are deemed to be

permit denials for purposes of appeal to the Board pursuant to Section 40 of the

Environmental Protection Act [415 ILCS 5/40].

(Source: Amended at 32 Ill. Reg.

?

, effective ?

)

Section 725.414

?

Special Requirements for Liquid Wastes

a)

?

This subsection (a) corresponds with 40 CFR 2G5.'

the placement of bulk or n n c ntaincrized liquid waste or waste containing free

his statement maintains structural

baa) The placement of bulk or non-containerized liquid hazardous waste or

hazardous waste containing free liquids (whether or not sorbents have been

added) in any landfill is prohibited.

ebb) Containers holding free liquids must not be placed in a landfill unless

one of the following conditions is fulfilled:

1)?

One of the following occurs with regard to all free-standing liquid:

A)

It has been removed by decanting or other methods;

B)

It has been mixed with sorbent or solidified so that free-standing liquid

is no longer observed; or

C)

It has been otherwise eliminated;

2)?

The container is very small, such as an ampule;

3)?

The container is designed to hold free liquids for use other than storage,

such as a battery or capacitor; or

---

4)

?

The container is a lab pack, as defined in Section 724.416, and is

disposed of in accordance with Section 724.416.

de) To demonstrate the absence or presence of free liquids in either a

containerized or a bulk waste, the following test must be used: Method 9095B

(Paint Filter Liquids Test), as described in "Test Methods for Evaluating Solid

Wastes, Physical/Chemical Methods," USEPA publication number EPA– 530/SW-846,

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

e4)- The placcmcnt of any liquid that is not a hazardous waste in a landfill is

prohibited (35 Ill. Adm. Codc 729.311).d) This subsection (d) corresponds with

40 CFR 265.314(d), which recites a past effective date. This statement

maintains sturcturalstructural parity with the federal regulations.

--e-a) Sorbents used to treat free liquids to be disposed of in landfills must be

nonbiodegradable. Nonbiodegradable sorbents are one of the following:

materials listed or described in subsection (f)(1) of this Section; materials

that pass one of the tests in subsection (f)(2) of this Section; or materials

that are determined by the Board to be nonbiodegradable through the adjusted

standard procedure of Section 28.1 of the Act [415 ILCS 5/28.1] and Subpart D of

35 Ill. Adm. Code 104.

1)?

Nonbiodegradable sorbents are the following:

A)

Inorganic minerals, other inorganic materials, and elemental carbon (e.g.,

aluminosilicates, clays, smectites, Fuller's earth, bentonite, calcium

bentonite, montmorillonite, calcined montmorillonite, kaolinite, micas (illite),

vermiculites, zeolites, calcium carbonate (organic free limestone),

oxides/hydroxides, alumina, lime, silica (sand), diatomaceous earth, perlite

(volcanic glass), expanded volcanic rock, volcanic ash, cement kiln dust, fly

ash, rice hull ash, activated charcoal/activated carbon, etc.); or

B) High molecular weight synthetic polymers (e.g., polyethylene, high density

polyethylene (HDPE), polypropylene, polystyrene, polyurethane, polyacrylate,

polynorborene, polyisobutylene, ground synthetic rubber, cross-linked

allylstyrene, and tertiary butyl copolymers). This does not include polymers

derived from biological material or polymers specifically designed to be

degradable; or

C)

Mixtures of these nonbiodegradable materials.

2)?

Tests for nonbiodegradable sorbents.

A)

The sorbent material is determined to be nonbiodegradable under ASTM

Method G21-70 (1984a) (Standard Practice for Determining Resistance of Synthetic

Polymer Materials to Fungi), incorporated by reference in 35 Ill. Adm. Code

720.111(a);

B)

The sorbent material is determined to be nonbiodegradable under ASTM

Method G22-76 (1984b) (Standard Practice for Determining Resistance of Plastics

to Bacteria), incorporated by reference in 35 Ill. Adm. Code 720.111(a); or

C)

The sorbent material is determined to be non-biodegradable under OECD

Guideline for Testing of Chemicals, Method 301E (CO2 Evolution (Modified Sturm

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

---

f)?

The placement of any liquid that is not a hazardous waste in a landfill is

prohibited.

?

(See 35 Ill. Adm. Code 729.311.)

(Source: Amended at 32 Ill. Reg.

, effective

SUBPART Q: CHEMICAL, PHYSICAL, AND BIOLOGICAL TREATMENT

Section 725.505?

Special Requirements for Ignitable or Reactive Wastes

Ignitable or reactive waste must not be placed in a treatment process or

equipment unless either of the following conditions exists:

a)?

The waste is treated, rendered, or mixed before or immediately after

placement in the treatment process or equipment so that both of the following

conditions are fulfilled:

1)

The resulting waste, mixture, or dissolution of material no longer meets

the definition of ignitable or reactive waste under &&et--i-en-35 Ill. Adm. Code

721.121 or 721.123, and

2)

Section 725.117(b) is complied with; or

b)?

The waste is treated in such a way that it is protected from any material

or conditions that may cause the waste to ignite or react.

(Source: Amended at 32 Ill. Reg.

?--, effective ?

SUBPART W: DRIP PADS

Section 725.541

?

Assessment of Existing Drip Pad Integrity

a)

For each existing drip pad, the owner or operator must evaluate the drip

pad and determine that it meets all of the requirements of this Subpart W,

except the requirements for liners and leak detection systems of Section

725.543(b). No later than June 6, 1991, the owner or operator must obtain and

keep on file at the facility a written assessment of the drip pad, reviewed and

certified by?

?

, a qualified -

?

asional engineer

Professional Engineer that attests to the results of the evaluation. The

assessment must be reviewed, updated, and re-certified annually until all

upgrades, repairs, or modifications necessary to achieve compliance with all of

the standards of Section 725.543 are complete. The evaluation must document the

extent to which the drip pad meets each of the design and operating standards of

Section 725.543, except the standards for liners and leak detection systems

specified in Section 725.543(b).

b)

The owner or operator must develop a written plan for upgrading, repairing

and modifying the drip pad to meet the requirements of Section 725.543(b) and

submit the plan to the Agency no later than two years before the date that all

repairs, upgrades, and modifications will be complete. This written plan must

describe all changes to be made to the drip pad in sufficient detail to document

compliance with all the requirements of Section 725.543. The plan must be

reviewed and certified by

? ??

a qualified, registered professional

eng-i-nee-r Professional Engineer.

be completed in accordance with the following:

---

1)

For existing drip pads of known and documentable age, all upgrades,

pad has reached 15 y ars of age, whichever comes later.

2)

1999, but, if the age of thc facility is gr ater than seven y ars, all upgrades,

y rs of age or by Junc 6, 1993, whichever comes later.

The owner or operator may petition thc Doard for an extension of the

I. •

specified in Subpart D of 35 Ill. Adm. Code 104.

D)?

The Board will grant the petition for extension if it finds the following:

The drip pad meets all of the requirements of Section 725.543, except

ificd in Section 725.543(b); and

ii)?

That it will continue to adequately protect human health and the

c)

Upon completion of all repairs and modifications, the owner or operator

must submit to the Agency, the as-built drawings for the drip pad, together with

a certification by an indepekndent, a qualified,

Professional Engineer attesting that the drip pad conforms to the drawings.

d)

If the drip pad is found to be leaking or unfit for use, the owner or

operator must comply with the provisions of Section 725.543(m) or close the drip

pad in accordance with Section 725.545.

(Source: Amended at 32 Ill. Reg.

—, effective

?

Section 725.543

?

Design and Operating Requirements

a)?

Drip pads must fulfill the following requirements:

1)

Not It must not be constructed of earthen materials, wood, or asphalt,

unless the asphalt is structurally supported;

2)

De It must be sloped to free-drain to the associated collection system

treated wood drippage, rain, other waters, or solutions of drippage and water or

other wastes;

3)

Have It must have a curb or berm around the perimeter;

4)

In addition, the drip pad must fulfill the following requirements:

---

A)

Have It must have a hydraulic conductivity of less than or equal to 1 -?-x

10-7 centimeters per second, e.g., existing concrete drip pads must be sealed,

coated, or covered with a surface material with a hydraulic conductivity of less

than or equal to 1

?,x

10-7 centimeters per second such that the entire surface

where drippage occurs or may run across is capable of containing such drippage

and mixtures of drippage and precipitation, materials, or other wastes while

being routed to an associated collection system. This surface material must be

maintained free of cracks and gaps that could adversely affect its hydraulic

conductivity, and the material must be chemically compatible with the

preservatives that contact the drip pad. The requirements of this provision

apply only to the existing drip pads and those drip pads for which the owner or

operator elects to comply with Section 725.542(a) 725.542(b) instead of Section

725.542(b) 725.542(a).

B) The owner or operator must obtain and keep on file at the facility a

written assessment of the drip pad, reviewed and certified by?

. * . * - *-- a

qualified?

*--?Professional Engineer that attests to

the results of the evaluation. The assessment must be reviewed, updated, and

recertified annually. The evaluation must document the extent to which the drip

pad meets the design and operating standards of this Section, except for in

subsection (b) of this Section.

5)?

Bc It must be of sufficient structural strength and thickness to prevent

failure due to physical contact, climatic conditions, the stress of

installation, and the stress of daily operations, e.g., variable and moving

loads such as vehicle traffic, movement of wood, etc.

BOARD NOTE: In judging the structural integrity requirement of this subsection

(a), the Agency should generally consider applicable standards established by

professional organizations generally recognized by the industry, including ACI

318-83 (Building Code Requirements for Reinforced Concrete) or ASTM C 94 90,90

(Standard Specification for Ready-Mixed Concrete), incorporated by reference in

35 Ill. Adm. Code 720.111(a).

b)?

If an owner or operator elects to comply with Section 725.542(b)

725.542(a) instead of Section 725.542(a) 725.542(b), the drip pad must have the

following features:

1)

?

A synthetic liner installed below the drip pad that is designed,

constructed, and installed to prevent leakage from the drip pad into the

adjacent subsurface soil or groundwater or surface water at any time during the

active life (including the closure period) of the drip pad. The liner must be

constructed of materials that will prevent waste from being absorbed into the

liner and to prevent releases into the adjacent subsurface soil or groundwater

or surface water during the active life of the facility. The liner must be

constructed as follows:

A)

Constructed It must be constructed of materials that have appropriate

chemical properties and sufficient strength and thickness to prevent failure due

to pressure gradients (including static head and external hydrogeologic forces),

physical contact with the waste or drip pad leakage to which they are exposed,

climatic conditions, the stress of installation, and the stress of daily

operation (including stresses from vehicular traffic on the drip pad);

B)

Placed It must be placed upon a foundation or base capable of providing

support to the liner and resistance to pressure gradients above and below the

---

liner to prevent failure of the liner due to settlement, compression, or uplift;

and

C)?

Installed It must be installed to cover all surrounding earth that could

come in contact with the waste or leakage; and

2)?

A leakage detection system immediately above the liner that is designed,

constructed, maintained, and operated to detect leakage from the drip pad. The

leakage detection system must be constructed as follows:

A)?

Constructed It must be constructed of materials that fulfill the following

requirements:

i)

They are chemically resistant to the waste managed in the drip pad and the

leakage that might be generated; and

ii)

They are of sufficient strength and thickness to prevent collapse under

the pressures exerted by overlaying materials and by any equipment used at the

drip pad; and

B)?

De-s-Leined–It must be designed and operated to function without clogging

through the scheduled closure of the drip pad; and

C)?

De-s-i-gned–It must be designed so that it will detect the failure of the

drip pad or the presence of a release of hazardous waste or accumulated liquid

at the earliest practicable time.

3)?

A leakage collection system immediately above the liner that is designed,

constructed, maintained, and operated to collect leakage from the drip pad such

that it can be removed from below the drip pad. The date, time, and quantity of

any leakage collected in this system and removed must be documented in the

operating log.

c)

Drip pads must be maintained such that they remain free of cracks, gaps,

corrosion, or other deterioration that could cause hazardous waste to be

released from the drip pad.

BOARD NOTE: See subsection (m) of this Section for remedial action

required if deterioration or leakage is detected.

d)

The drip pad and associated collection system must be designed and

operated to convey, drain and collect liquid resulting from drippage or

precipitation in order to prevent run-off.

e)

Unless the drip pad is protected by a structure, as described in Section

725.540(b), the owner or operator must design, construct, operate, and maintain

a run-on control system capable of preventing flow onto the drip pad during peak

discharge from at least a 24-hour, 25-year storm, unless the system has

sufficient excess capacity to contain any run-on that might enter the system.

f) Unless the drip pad is protected by a structure or cover, as described in

Section 725.540(b), the owner or operator must design, construct, operate, and

maintain a run-off management system to collect and control at least the water

volume resulting from a 24-hour, 25-year storm.

g)

The drip pad must be evaluated to determine that it meets the requirements

of subsections (a) through (f) of this Section. The owner or operator must

---

obtain a statement from an indcpcndcnt, a qualified,

eng-i-ne&r—Professional Engineer certifying that the drip pad design meets the

requirements of this Section.

h)

Drippage and accumulated precipitation must be removed from the associated

collection system as necessary to prevent overflow onto the drip pad.

i) The drip pad surface must be cleaned thoroughly at least once every seven

days using an appropriate and effective cleaning technique, including but not

limited to, rinsing, washing with detergents or other appropriate solvents, or

steam cleaning, with residues being properly managed, such that accumulated

residues of hazardous waste or other materials are removed as to allow weekly

inspections of the entire drip pad surface without interference or hindrance

from accumulated residues of hazardous waste or other materials on the drip pad.

The owner or operator must document, in the facility's operating log, the date

and time of each cleaning and the cleaning procedure.

j)

Drip pads must be operated and maintained in a manner to minimize tracking

of hazardous waste or hazardous waste constituents off the drip pad as a result

of activities by personnel or equipment.

k)

After being removed from the treatment vessel, treated wood from pressure

and non-pressure processes must be held on the drip pad until drippage has

ceased. The owner or operator must maintain records sufficient to document that

all treated wood is held on the pad, in accordance with this Section, following

treatment.

1)?

Collection and holding units associated with run-on and run-off control

systems must be emptied or otherwise managed as soon as possible after storms to

maintain design capacity of the system.

m)?

Throughout the active life of the drip pad, if the owner or operator

detects a condition that may have caused or has caused a release of hazardous

waste, the condition must be repaired within a reasonably prompt period of time

following discovery, in accordance with the following procedures:

1)?

Upon detection of a condition that may have caused or has caused a release

of hazardous waste (e.g., upon detection of leakage in the leak detection

system), the owner or operator must perform the following acts:

A)

Entcr It must enter a record of the discovery in the facility operating

log;

B) Immcdiatcly It must immediately remove from service the portion of the

drip pad affected by the condition;

C)

D&'eenii-ine—It must determine what steps must be taken to repair the drip

pad, clean up any leakage from below the drip pad, and establish a schedule for

accomplishing the clean up and repairs;

D)

Within 24 hours after discovery of the condition, the owner or operator

must notify the Agency of the condition and, within 10 working days, provide

written notice to the Agency with a description of the steps that will be taken

to repair the drip pad and clean up any leakage, and the schedule for

accomplishing this work.

-

---

2)

The Agency must: review the information submitted; make a determination

regarding whether the pad must be removed from service completely or partially

until repairs and clean up are complete; and notify the owner or operator of the

determination and the underlying rationale in writing.

3)

Upon completing all repairs and clean up, the owner or operator must

notify the Agency in writing and provide a certification, signed by an

independent, qualified, registered professional engineer, that the repairs and

clean up have been completed according to the written plan submitted in

accordance with subsection (m)(1)(D) of this Section.

n)?

The owner or operator must maintain, as part of the facility operating

log, documentation of past operating and waste handling practices. This must

include identification of preservative formulations used in the past, a

description of drippage management practices and a description of treated wood

storage and handling practices.

(Source: Amended at 32 Ill. Reg.

?

?

, effective ?

Section 725.544

?

Inspections

a)

During construction or installation, liners and cover systems (e.g.,

membranes, sheets, or coatings) must be inspected for uniformity, damage, and

imperfections (e.g., holes, cracks, thin spots, or foreign materials).

Immediately after construction or installation, liners must be inspected and

certified as meeting the requirements of Section 725.543 by an independent,

?

a

qualified, rcgictcrcd professional engineer Professional Engineer. The This

certification must be maintained at the facility as part of the facility

operating record. After installation, liners and covers must be inspected to

ensure tight seams and joints and the absence of tears, punctures, or blisters.

b)

While a drip pad is in operation, it must be inspected weekly and after

storms to detect evidence of any of the following:

1)

Deterioration, malfunctions, or improper operation of run-on and run-off

control systems;

2)

The presence of leakage in and proper functioning of leak detection

system.

3)

Deterioration or cracking of the drip pad surface.

BOARD NOTE: See Section 725.543(m) for remedial action required if

deterioration or leakage is detected.

(Source: Amended at 32 Ill. Reg.?—, effective ?

SUBPART BB: AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS

Section 725.961

?

Percent Leakage Alternative for Valves

a)?

An owner or operator subject to the requirements of Section 725.957 may

elect to have all valves within a hazardous waste management unit comply with an

alternative standard that allows no greater than two percent of the valves to

leak.

---

b)

The following requirements must be met if an owner or operator decides to

comply with the alternative standard of allowing two percent of valves to leak:

A performance test

as specified in subsection (c) of this Section must be conducted initially upon

designation, annually and other times as specified by the Agency pursuant to

Section 725.950(e); and

322) If a valve leak is detected it must be repaired in accordance with Section

725.957(d) and (e).

c)

Performance tests must be conducted in the following manner:

1)

All valves subject to the requirements in Section 725.957 within the

hazardous waste management unit must be monitored within 1 week by the methods

specified in Section 725.963(b);

2)

If an instrument reading of 10,000 ppm or greater is measured, a leak is

detected; and

3)

The leak percentage must be determined by dividing the number of valves

subject to the requirements in Section 725.957 for which leaks are detected by

the total number of valves subject to the requirements in Section 725.957 within

the hazardous waste management unit.

* - -

owncr or operator must notify the Agcncy in writing that the work practicc

standard dcscribcd in Scction 725.957(a) through (c) will be followed.

(Source: Amended at 32 Ill. Reg. ?

, effective

?

Section 725.962

?

Skip Period Alternative for Valves

a)

An owner or operator subject to the requirements of Section 725.957 may

elect for all valves within a hazardous waste management unit to comply with one

of the alternative work practices specified in subsections (b)(2) and (b)(3) of

this Section.

2)?

An owner or operator must notify the Agcncy before implementing one of the

alternative work practices.

b)

Reduced Monitoring.

1)

An owner or operator must comply with the requirements for valves, as

described in Section 725.957, except as described in subsections (b)(2) and

(b)(3) of this Section.

2)

After two consecutive quarterly leak detection periods with the percentage

of valves leaking equal to or less than two percent, an owner or operator may

---

begin to skip one of the quarterly leak detection periods (i.e., the owner or

operator may monitor for leaks once every six months) for the valves subject to

the requirements in Section 725.957.

3)

After five consecutive quarterly leak detection periods with the

percentage of valves leaking equal to or less than two percent, an owner or

operator may begin to skip three of the quarterly leak detection periods (i.e.,

the owner or operator may monitor for leaks once every year) for the valves

subject to the requirements in Section 725.957.

4)

If the percentage of valves leaking is greater than two percent, the owner

or operator must monitor monthly in compliance with the requirements in Section

725.957, but may again elect to use this Section after meeting the requirements

of Section 725.957(c)(1).

(Source: Amended at 32 Ill. Reg.

—, effective ?

SUBPART CC: AIR EMISSION STANDARDS FOR TANKS, SURFACE IMPOUNDMENTS, AND

CONTAINERS

Section 725.990?

Recordkeeping Requirements

a)

Each owner or operator of a facility subject to the requirements in this

Subpart CC must record and maintain the information specified in subsections (b)

through (j) of this Section, as applicable to the facility. Except for air

emission control equipment design documentation and information required by

subsection (j) of this Section, records required by this Section must be

maintained in the operating record for a minimum of three years. Air emission

control equipment design documentation must be maintained in the operating

record until the air emission control equipment is replaced or is otherwise no

longer in service. Information required by subsections (i) and (j) of this

Section must be maintained in the operating record for as long as the waste

management unit is not using air emission controls specified in Sections 725.985

through 725.988, in accordance with the conditions specified in Section

725.980(d) or (b) (7), respectively.

b)

The owner or operator of a tank using air emission controls in accordance

with the requirements of Section 725.985 must prepare and maintain records for

the tank that include the following information:

1)

?

For each tank using air emission controls in accordance with the

requirements of Section 725.985 of this Subpart CC, the owner or operator must

record the following information:

A)

A tank identification number (or other unique identification description

as selected by the owner or operator); and

B)

A record for each inspection required by Section 725.985 that includes the

following information:

i)

Date inspection was conducted; and

ii) For each defect detected during the inspection, the location of the

defect, a description of the defect, the date of detection, and corrective

action taken to repair the defect. In the event that repair of the defect is

delayed in accordance with the provisions of Section 725.985, the owner or

---

operator must also record the reason for the delay and the date that completion

of repair of the defect is expected; and

2)?

In addition to the information required by subsection (b)(1) of this

Section, the owner or operator must record the following information, as

applicable to the tank:

A)?

The owner or operator using a fixed roof to comply with the Tank Level 1

control requirements specified in Section 725.985(c) must prepare and maintain

records for each determination for the maximum organic vapor pressure of the

hazardous waste in the tank performed in accordance with the requirements of

Section 725.985(c). The records must include the date and time the samples were

collected, the analysis method used, and the analysis results;

B) The owner or operator using an internal floating roof to comply with the

Tank Level 2 control requirements specified in Section 725.985(e) must prepare

and maintain documentation describing the floating roof design;

C)

?

Owners and operators using an external floating roof to comply with the

Tank Level 2 control requirements specified in Section 725.985(f) must prepare

and maintain the following records:

i)

Documentation describing the floating roof design and the dimensions of

the tank; and

ii) Records for each seal gap inspection required by Section 725.985(f)(3)

describing the results of the seal gap measurements. The records must include

the date that the measurements were performed, the raw data obtained for the

measurements, and the calculations of the total gap surface area. In the event

that the seal gap measurements do not conform to the specifications in Section

725.985(f)(1), the records must include a description of the repairs that were

made, the date the repairs were made, and the date the tank was emptied, if

necessary.

D) Each owner or operator using an enclosure to comply with the Tank Level 2

control requirements specified in Section 725.985(i) must prepare and maintain

the following records:

i)

Records for the most recent set of calculations and measurements performed

by the owner or operator to verify that the enclosure meets the criteria of a

permanent total enclosure as specified in "Procedure T--Criteria for and

Verification of a Permanent or Temporary Total Enclosure" under appendix B to 40

CFR 52.741 (VOM Measurement Techniques for Capture Efficiency), incorporated by

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

ii)

Records required for the closed-vent system and control device in

accordance with the requirements of subsection (e) of this Section.

c) The owner or operator of a surface impoundment using air emission controls

in accordance with the requirements of Section 725.986 must prepare and maintain

records for the surface impoundment that include the following information:

1)

A surface impoundment identification number (or other unique

identification description as selected by the owner or operator);

2)

Documentation describing the floating membrane cover or cover design, as

applicable to the surface impoundment, that includes information prepared by the

---

owner or operator or provided by the cover manufacturer or vendor describing the

cover design, and certification by the owner or operator that the cover meets

the specifications listed in Section 725.986(c);

3)?

A record for each inspection required by Section 725.986 that includes the

following information:

A)

Date inspection was conducted; and

B)

For each defect detected during the inspection the following information:

the location of the defect, a description of the defect, the date of detection,

and corrective action taken to repair the defect. In the event that repair of

the defect is delayed in accordance with the provisions of Section 725.986(f),

the owner or operator must also record the reason for the delay and the date

that completion of repair of the defect is expected; and

4)?

For a surface impoundment equipped with a cover and vented through a

closed-vent system to a control device, the owner or operator must prepare and

maintain the records specified in subsection (e) of this Section.

d)?

The owner or operator of containers using Container Level 3 air emission

controls in accordance with the requirements of Section 725.987 must prepare and

maintain records that include the following information:

1)

Records for the most recent set of calculations and measurements performed

by the owner or operator to verify that the enclosure meets the criteria of a

permanent total enclosure as specified in "Procedure T - Criteria for and

Verification of a Permanent or Temporary Total Enclosure" under appendix B to 40

CFR 52.741 (VOM Measurement Techniques for Capture Efficiency); and

2)

Records required for the closed-vent system and control device in

accordance with the requirements of subsection (e) of this Section.

e)

?

The owner or operator using a closed-vent system and control device in

accordance with the requirements of Section 725.988 must prepare and maintain

records that include the following information:

1)?

Documentation for the closed-vent system and control device that includes

the following:

A)

Certification that is signed and dated by the owner or operator stating

that the control device is designed to operate at the performance level

documented by a design analysis as specified in subsection (e)(1)(B) of this

Section or by performance tests as specified in subsection (e)(1)(C) of this

Section when the tank, surface impoundment, or container is or would be

operating at capacity or the highest level reasonably expected to occur;

B)

If a design analysis is used, then design documentation, as specified in

Section 725.935(b)(4). The documentation must include information prepared by

the owner or operator or provided by the control device manufacturer or vendor

that describes the control device design in accordance with Section

725.935(b)(4)(C) and certification by the owner or operator that the control

equipment meets the applicable specifications;

C)

If performance tests are used, then a performance test plan as specified

in Section 725.935(b) (3) and all test results;

---

M

D)?

Information as required by Section 725.935(c)(1) and (c)(2), as

applicable;

E)?

An owner or operator must record, on a semiannual basis, the following

information for those planned routine maintenance operations that would require

the control device not to meet the requirements of Section 725.988(c)(1)(A),

(c) (1) (B) , or (c) (1) (C) , as applicable:

i)

A description of the planned routine maintenance that is anticipated to be

performed for the control device during the next six-month period. This

description must include the type of maintenance necessary, planned frequency of

maintenance, and lengths of maintenance periods; and

ii)

A description of the planned routine maintenance that was performed for

the control device during the previous six-month period. This description must

include the type of maintenance performed and the total number of hours during

those six months that the control device did not meet the requirements of

Section 725.988(c)(1)(A), (c)(1)(B), or (c)(1)(C), as applicable, due to planned

routine maintenance;

F)

?

An owner or operator must record the following information for those

unexpected control device system malfunctions that would require the control

device not to meet the requirements of Section 725.988(c)(1)(A), (c)(1)(B), or

(c)(1)(C), as applicable:

i)

The occurrence and duration of each malfunction of the control device

system;

ii)

The duration of each period during a malfunction when gases, vapors, or

fumes are vented from the waste management unit through the closed-vent system

to the control device while the control device is not properly functioning; and

iii)

Actions taken during periods of malfunction to restore a malfunctioning

control device to its normal or usual manner of operation; and

G)?

Records of the management of carbon removed from a carbon adsorption

system conducted in accordance with Section 725.988(c)(3)(B).

f)?

The owner or operator of a tank, surface impoundment, or container

exempted from standards in accordance with the provisions of Section 725.983(c)

must prepare and maintain the following records, as applicable:

1)

For tanks, surface impoundments, or containers exempted under the

hazardous waste organic concentration conditions specified in Section 725.983

(c)(1) or 725.984 (c) (2) (A) 725.983(c)(2)(A) through (c)(2)(F), the owner or

operator must record the information used for each waste determination (e.g.,

test results, measurements, calculations, and other documentation) in the

facility operating log. If analysis results for waste samples are used for the

waste determination, then the owner or operator must record the date, time, and

location that each waste sample is collected in accordance with the applicable

requirements of Section 725.984; and

2)

For tanks, surface impoundments, or containers exempted under the

provisions of Section 725.983(c)(2)(G) or (c)(2)(H), the owner or operator must

record the identification number for the incinerator, boiler, or industrial

furnace in which the hazardous waste is treated.

---

g)

An owner or operator designating a cover as "unsafe to inspect and

monitor" pursuant to Section 725.985(1) must record in a log that is kept in the

facility operating record the following information: the identification numbers

for waste management units with covers that are designated as "unsafe to inspect

and monitor," the explanation for each cover stating why the cover is unsafe to

inspect and monitor, and the plan and schedule for inspecting and monitoring

each cover.

h)

The owner or operator of a facility that is subject to this Subpart CC and

to the control device standards in federal subpart VV of 40 CFR 60 (Standards of

Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals

Manufacturing Industry), or subpart V of 40 CFR 61 (National Emission Standard

for Equipment Leaks (Fugitive Emission Sources), each incorporated by reference

in 35 Ill. Adm. Code 270.111, may elect to demonstrate compliance with the

applicable Sections of this Subpart by documentation either pursuant to this

Subpart CC, or pursuant to the provisions of subpart VV of 40 CFR 60 or subpart

V of 40 CFR 61, to the extent that the documentation required by 40 CFR 60 or 61

duplicates the documentation required by this Section.

i)

For each tank or container not using air emission controls specified in

Sections 725.985 through 725.988 in accordance with the conditions specified in

Section 725.980(d), the owner or operator must record and maintain the following

information:

1)?

A list of the individual organic peroxide compounds manufactured at the

facility that meet the conditions specified in Section 725.980(d)(1);

2)?

A description of how the hazardous waste containing the organic peroxide

compounds identified pursuant to subsection (i) (1) are managed at the facility

in tanks and containers. This description must include the following

information:

A)

For the tanks used at the facility to manage this hazardous waste,

sufficient information must be provided to describe each tank: a facility

identification number for the tank, the purpose and placement of this tank in

the management train of this hazardous waste, and the procedures used to

ultimately dispose of the hazardous waste managed in the tanks; and

B)

For containers used at the facility to manage this hazardous waste,

sufficient information must be provided to describe the following for each

container: a facility identification number for the container or group of

containers; the purpose and placement of this container or group of containers

in the management train of this hazardous waste; and the procedures used to

ultimately dispose of the hazardous waste handled in the containers; and

3)?

An explanation of why managing the hazardous waste containing the organic

peroxide compounds identified pursuant to subsection (i)(1) of this Section in

the tanks or containers identified pursuant to subsection (i)(2) of this Section

would create an undue safety hazard if the air emission controls specified in

Sections 725.985 through 725.988 were installed and operated on these waste

management units. This explanation must include the following information:

A)?

For tanks used at the facility to manage this hazardous waste, sufficient

information must be provided to explain: how use of the required air emission

controls on the tanks would affect the tank design features and facility

operating procedures currently used to prevent an undue safety hazard during the

management of this hazardous waste in the tanks; and why installation of safety

---

devices on the required air emission controls, as allowed under this Subpart CC,

would not address those situations in which evacuation of tanks equipped with

these air emission controls is necessary and consistent with good engineering

and safety practices for handling organic peroxides; and

B)?

For containers used at the facility to manage this hazardous waste,

sufficient information must be provided to explain: how use of the required air

emission controls on the containers would affect the container design features

and handling procedures currently used to prevent an undue safety hazard during

management of this hazardous waste in the containers; and why installation of

safety devices on the required air emission controls, as allowed under this

Subpart CC, would not address those situations in which evacuation of containers

equipped with these air emission controls is necessary and consistent with good

engineering and safety practices for handling organic peroxides.

j)

?

For each hazardous waste management unit not using air emission controls

specified in Sections 725.985 through 725.988 in accordance with the provisions

of Section 725.980(b)(7), the owner and operator must record and maintain the

following information:

1)

The certification that the waste management unit is equipped with and

operating air emission controls in accordance with the requirements of an

applicable federal Clean Air Act regulation codified under 40 CFR 60, 61, or 63;

and

2)

An identification of the specific federal requirements codified under 40

CFR 60, 61, or 63 with which the waste management unit is in compliance.

(Source: Amended at 32 Ill. Reg.

SUBPART DD: CONTAINMENT BUILDINGS

Section 725.1100

?

Applicability

—, effective ?

The requirements of this Subpart DD apply to owners or operators that store or

treat hazardous waste in units designed and operated under Section 725.1101.

o

_ _?

.1

?

?

.

The owner or

operator is not subject to the definition of land disposal in 35 Ill. Adm. Code

728.102 provided that the following is true of the unit:

a)

?

It is a completely enclosed, self-supporting structure that is designed

and constructed of manmade materials of sufficient strength and thickness to

support themselves, the waste contents, and any personnel and heavy equipment

that operate within the unit, and to prevent failure due to any of the following

causes:

1)

Pressure gradients;

2)

Settlement, compression, or uplift;

3)

Physical contact with the hazardous wastes to which they are exposed;

4)

Climatic conditions; or

5)

The stresses of daily operation including the movement of heavy equipment

within the unit and contact of such equipment with containment walls;

---

b)?

It has a primary barrier that is designed to be sufficiently durable to

withstand the movement of personnel, wastes, and handling equipment within the

unit;

c)?

If used to manage liquids, the unit has the following design features:

1)

A primary barrier designed and constructed of materials to prevent

migration of hazardous constituents into the barrier;

2)

A liquid collection system designed and constructed of materials to

minimize the accumulation of liquid on the primary barrier; and

3)

A secondary containment system designed and constructed of materials to

prevent migration of hazardous constituents into the barrier, with a leak

detection and liquid collection system capable of detecting, collecting, and

removing leaks of hazardous constituents at the earliest possible time, unless

the unit has been granted a variance from the secondary containment system

requirements under subsection 725.1101(b)(4);

d)?

It has controls sufficient to permit prevent fugitive dust emissions to

meet the no visible emission standard in subsection 725.1101(c)(1)(D); and

e)?

It is designed and operated to ensure containment and prevent the tracking

of materials from the unit by personnel or equipment.

(Source: Amended at 32 Ill. Reg.

—, effective

Section 725.1101

?

Design and Operating Standards

a)?

All containment buildings must comply with the following design and

operating standards:

1)

The containment building must be completely enclosed with a floor, walls,

and a roof to prevent exposure to the elements (e.g. precipitation, wind, run

on) and to assure containment of managed wastes;

2)

The floor and containment walls of the unit, including the secondary

containment system if required under subsection (b) of this Section, must be

designed and constructed of materials of sufficient strength and thickness to

support themselves, the waste contents, and any personnel and heavy equipment

that operate within the unit, and to prevent failure due to pressure gradients,

settlement, compression, or uplift, physical contact with the hazardous wastes

to which they are exposed; climatic conditions; and the stresses of daily

operation, including the movement of heavy equipment within the unit and contact

of such equipment with containment walls. The unit must be designed so that it

has sufficient structural strength to prevent collapse or other failure. All

surfaces to be in contact with hazardous wastes must be chemically compatible

with those wastes. The containment building must meet the structural integrity

requirements established by professional organizations generally recognized by

the industry such as the American Concrete Institute 4-1ACI]-1 and the American

Society of Testing Materials 41ASTM-1. If appropriate to the nature of the

waste management operation to take place in the unit, an exception to the

structural strength requirement may be made for light-weight doors and windows

that meet these criteria:

A)?

They provide an effective barrier against fugitive dust emissions under

subsection (c)(1)(D) of this Section; and

---

B)?

The unit is designed and operated in a fashion that assures that wastes

will not actually come in contact with these openings;

3)

Incompatible hazardous wastes or treatment reagents must not be placed in

the unit or its secondary containment system if they could cause the unit or

secondary containment system to leak, corrode, or otherwise fail; and

4)

A containment building must have a primary barrier designed to withstand

the movement of personnel, waste, and handling equipment in the unit during the

operating life of the unit and appropriate for the physical and chemical

characteristics of the waste to be managed.

b) For a containment building used to manage hazardous wastes containing free

liquids or treated with free liquids (the presence of which is determined by the

paint filter test, a visual examination, or other appropriate means), the owner

or operator must include the following design features:

1)?

A primary barrier designed and constructed of materials to prevent the

migration of hazardous constituents into the barrier (e.g., a geomembrane

covered by a concrete wear surface).

2)?

A liquid collection and removal system to minimize the accumulation of

liquid on the primary barrier of the containment building:

A)

The primary barrier must be sloped to drain liquids to the associated

collection system; and

B) Liquids and waste must be collected and removed to minimize hydraulic head

on the containment system at the earliest practicable time.

3)

?

A secondary containment system including a secondary barrier designed and

constructed to prevent migration of hazardous constituents into the barrier, and

a leak detection system that is capable of detecting failure of the primary

barrier and collecting accumulated hazardous wastes and liquids at the earliest

practicable time.

A)?

The requirements of the leak detection component of the secondary

containment system are satisfied by installation of a system that is, at a

minimum, as follows:

i) It is constructed with a bottom slope of 1 percent or more; and

ii)

It is constructed of a granular drainage material with a hydraulic

conductivity of 1?

10-2 cm/sec or more and a thickness of 12 inches (30.5 cm)

or more, or constructed of synthetic or geonet drainage materials with a

transmissivity of 3 -

,?-x 10-5 m2/sec or more.

B)

?

If treatment is to be conducted in the building, an area in which such

treatment will be conducted must be designed to prevent the release of liquids,

wet materials, or liquid aerosols to other portions of the building.

C)?

The secondary containment system must be constructed of materials that are

chemically resistant to the waste and liquids managed in the containment

building and of sufficient strength and thickness to prevent collapse under the

pressure exerted by overlaying materials and by any equipment used in the

containment building. (Containment buildings can serve as secondary containment

---

systems for tanks placed within the building under certain conditions. A

containment building can serve as an external liner system for a tank, provided

it meets the requirements of Section 725.293(d)(1) 725.2-9-3(-e)(1). In addition,

the containment building must meet the requirements of subsections 725.293(b)

and (c) to be an acceptable secondary containment system for a tank.)

4) For existing units other than 90-day generator units, USEPA may delay the

secondary containment requirement for up to two years, based on a demonstration

by the owner or operator that the unit substantially meets the standards of this

Subpart DD. In making this demonstration, the owner or operator must do each of

the following:

A)

Provide written notice to USEPA of their request by Nov.November 16, 1992.

This notification must describe the unit and its operating practices with

specific reference to the performance of existing systems, and specific plans

for retrofitting the unit with secondary containment;

B)

Respond to any comments from USEPA on these plans within 30 days; and

C)

Fulfill the terms of the revised plans, if such plans are approved by

USEPA.

c)?

Owners or operators of all containment buildings must do each of the

following:

1)?

Ucc It must use controls and practice to ensure containment of the

hazardous waste within the unit, and at a minimum do each of the following:

A) Maintain It must maintain the primary barrier to be free of significant

cracks, gaps, corrosion, or other deterioration that could cause hazardous waste

to be released from the primary barrier;

B)

Maintain It must maintain the level of the stored or treated hazardous

waste within the containment walls of the unit so that the height of any

containment wall is not exceeded;

C)

Takc It must take measures to prevent the tracking of hazardous waste out

of the unit by personnel or by equipment used in handling the waste. An area

must be designated to decontaminate equipment and any rinsate must be collected

and properly managed; and

D) Takc It must take measures to control fugitive dust emissions such that

any openings (doors, windows, vents, cracks, etc.) exhibit no visible emissions

(see Method 22 (Visual Determination of Fugitive Emissions from Material Sources

and Smoke Emissions from Flares) in appendix A to 40 CFR 60 (Test Methods),

incorporated by reference in 35 Ill. Adm. Code 720.111(b)1. In addition, all

associated particulate collection devices (e.g., fabric filter, electrostatic

precipitator) must be operated and maintained with sound air pollution control

practices (see 40 CFR 60 for guidance). This state of no visible emissions must

be maintained effectively at all times during routine operating and maintenance

conditions, including when vehicles and personnel are entering and exiting the

unit;

BOARD NOTE: At 40 CFR 264.1101(c)(1)(iv) (2005+, USEPA cites "40 CFR part 60,

subpart 292." At 57 Fed. Reg. 37217 (Aug.Auqust 18, 1992), USEPA repeats this

citation in the preamble discussion of adoption of the rules. No such provision

exists in the Code of Federal Regulations. Whilc ccction 40 CFR 60.292 of the

---

pr viol n is limited in its application to glass melting furnaces. The Board

has chosen to use the general citation: "40 CFR 60."

2)?

Obtain It must obtain and keep on-site a certification by a qualified

registered professional engineer (PE) Professional Engineer that the containment

building design meets the requirements of subsections (a) through (c) of this

Section. For units placed into operation prior to February 10, 1993, this

later than GO days aftcr the date of initial operation of the unit. After

February 10, 1993, PE certification will be required prior to operation of the

unit,

3)?

Throughout the active life of the containment building, if the owner or

operator detects a condition that could lead to or has caused a release of

hazardous waste, it must repair the condition promptly. In addition, however,

, in accordance with the following

procedures:

A)?

Upon detection of a condition that has caused to a release of hazardous

wastes (e.g., upon detection of leakage from the primary barrier) the owner or

operator must do the following:

i) Enter a record of the discovery in the facility operating record;

ii) Immediately remove the portion of the containment building affected by the

condition from service;

iii) Determine what steps must be taken to repair the containment building,

remove any leakage from the secondary collection system, and establish a

schedule for accomplishing the cleanup and repairs; and

iv)

Within seven days after the discovery of the condition, notify the Agency

in writing of the condition, and within 14 working days, provide a written

notice to the Agency with a description of the steps taken to repair the

containment building, and the schedule for accomplishing the work;

B)?

The Agency must review the information submitted, make a determination

regarding whether the containment building must be removed from service

completely or partially until repairs and cleanup are complete, and notify the

owner or operator of the determination and the underlying rationale in writing;

and

C)?

Upon completing all repairs and cleanup the owner and operator must notify

the Agency in writing and provide a verification, signed by a qualified,

registered professional engineer, that the repairs and cleanup have been

completed according to the written plan submitted in accordance with subsection

(c)(3)(A)(iv) of this Section; and

4)?

T-n-spe—It must inspect and record in the facility's operating recordr at

least once every seven days, except for the owner or operator of a Performance

Track member facility, which must inspect the record at least once each month

after approval of the Agency, data gathered from monitoring–ament and leak

detection equipment as well as the containment building and the area immediately

surrounding the containment building to detect signs of releases of hazardous

waste. To apply for a reduced inspection frequency, the owner or operator of a

5i

---

C?

fi

Performance Track member facility must follow the procedures described in

Section 725.115(b)(5).

d)?

For a containment buildings building that containcontains areas both with

and without secondary containment, the owner or operator must do the following:

1)

Design and operate each area in accordance with the requirements

enumerated in subsections (a) through (c) of this Section;

2)

Take measures to prevent the release of liquids or wet materials into

areas without secondary containment; and

3) Maintain in the facility's operating log a written description of the

operating procedures used to maintain the integrity of areas without secondary

containment.

e)

?

Notwithstanding any other provision of this Subpart DD, the Agency must,

in writing, _?

allow the use of alternatives to the requirements for

secondary containment for a permitted containment building where the Agency has

determined that the facility owner or operator?

has adequately

demonstrated that the only free liquids in the unit are limited amounts of dust

suppression liquids required to meet occupational health and safety

requirements, and where containment of managed wastes and liquids can be assured

without a secondary containment system.

(Source: Amended at 32 Ill. Reg.

?--, effective ?

Section 725.Append-i-xAEPENDIX F

?

Compounds with Henry's Law Constant Less

Than 0.1 Y/X (at 25---L'C)

Compound nameCAS No. Acetaldo1107-89-1Acetamide60-35-52-Acetylaminofluorene53-

96-33-Acety1-5-hydroxypiperidine3-Acetylpiperidine618-42-81-Acety1-2-

thiourea591-08-2Acrylamide79-06-1Acrylic acid79-10-7Adenine73-24-5Adipic

acid124-04-9Adiponitrile111-69-3Alachlor15972-60-8Aldicarb116-06-3Ametryn834-12-

84-Aminobipheny192-67-14-Aminopyridine504-24-5Aniline62-53-3o-Anisidine90-04-

0Anthraquinone84-65-1Atrazine1912-24-9Benzenearsonic acid98-05-5Benzenesulfonic

acid98-11-3Benzidine92-87-5Benzo(a)anthracene56-55-3Benzo(k)fluoranthene207-08-

9Benzoic acid65-85-0Benzo(g,h,i)perylene191-24-2Benzo(a)pyrene50-32-8Benzyl

alcohol100-51-6?-BHC58-89-9Bis(2-ethylhexyl)phthalate117-81-7Bromochloromethyl

acetateBromoxynil (3,5-Dibromo-4-hydroxybenzonitrile)1689-84-5Butyric acid107-

92-6Caprolactam (hexahydro-2H-azepin-2-one)105-60-2Catechol (o-

dihydroxybenzene)120-80-9Cellulose9004-34-6Cell wallChlorhydrin (3-Chloro-1,2-

propanedio1)96-24-2Chloroacetic acid79-11-82-Chloroacetophenone93-76-5p-

Chloroaniline106-47-8p-Chlorobenzophenone134-85-0Chlorobenzilate510-15-6p-

Chloro-m-cresol (6-chloro-m-cresol)59-50-73-Chloro-2,5-diketopyrrolidineChloro-

1,2-ethane dio14-Chloropheno1106-48-9Chlorophenol polymers (2-chlorophenol & 4-

chloropheno1)95-57-8 & 106-48-91-(o-Chlorophenyl)thiourea5344-82-1Chrysene218-

01-9Citric acid77-92-9Creosote8001-58-9m-Creso1108-39-4o-Creso195-48-7p-

Creso1106-44-5Cresol (mixed isomers)1319-77-34-Cumylpheno127576-86Cyanide57-12-

54-Cyanomethyl benzoateDiazinon333-41-5Dibenzo(a,h)anthracene53-70-

3Dibutylphthalate84-74-22,5-Dichloroaniline (N,N1-dichloroaniline)95-82-92,6-

Dichlorobenzonitrile1194-65-62,6-Dichloro-4-nitroaniline99-30-92,5-

Dichloropheno1333-41-53,4-Dichlorotetrahydrofuran3511-19Dichlorvos (DDVP)62-73-

7Diethanolamine111-42-2N,N-Diethylaniline91-66-7Diethylene glyco1111-46-

6Diethylene glycol dimethyl ether (dimethyl Carbito1)111-96-6Diethylene glycol

monobutyl ether (butyl Carbito1)112-34-5Diethylene glycol monoethyl ether

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•IS

acetate (Carbitol acetate)112-15-2Diethylene glycol monoethyl ether ?

(Carbitol

Cellosolve)111-90-0Diethylene glycol monomethyl ether (methyl Carbito1)111-77-

3N,NI-Diethylhydrazine1615-80-1Diethyl(4-methylumbelliferyl)thionophosphate299-

45-6Diethylphosphorothioate126-75-0N,NI-Diethylpropionamide15299-99-

7Dimethoate60-51-52,3-Dimethoxystrychnidin-10-one357-57-34-

Dimethylaminoazobenzene60-11-77,12-Dimethylbenz(a)anthracene57-97-63,3-

Dimethylbenzidine119-93-7Dimethylcarbamoyl chloride79-44-7Dimethyldisulfide624-

92-0Dimethylformamide68-12-21,1-Dimethylhydrazine57-14-7Dimethylphthalate131-11-

3Dimethylsulfone67-71-0Dimethylsulfoxide67-68-54,6-Dinitro-o-creso1534-52-11,2-

Diphenylhydrazine122-66-7Dipropylene glycol (1,11-oxydi-2-propano1)110-98-

5Endrin72-20-8Epinephrine51-43-4mono-Ethanolamine141-43-5Ethyl carbamate

(urethane)51-79-6Ethylene glyco1107-21-1Ethylene glycol monobutyl ether (butyl

Cellosolve)111-76-2Ethylene glycol monoethyl ether (Cellosolve)110-80-5Ethylene

glycol monoethyl ether acetate (Cellosolve acetate)111-15-9Ethylene glycol

monomethyl ether (methyl Cellosolve)109-86-4Ethylene glycol monophenyl ether

(phenyl Cellosolve)122-99-6Ethylene glycol monopropyl ether (propyl

Cellosolve)2807-30-9Ethylene thiourea (2-imidazolidinethione)9-64 5796-45-74-

Ethylmorpholine100-74-33-Ethylpheno1620-17-7Fluoroacetic acid, sodium salt62-74-

8Formaldehyde50-00-0Formamide75-12-7Formic acid64-18-6Fumaric acid110-17-

8Glutaric acid110-94-1Glycerin (Glycerol)56-81-5Glycido1556-52-5Glycinamide598-

41-4Glyphosate1071-83-6Guthion86-50-0Hexamethylene-1,6-diisocyanate (1,6-

diisocyanatohexane)822-06-0Hexamethyl phosphoramide680-31-9Hexanoic acid142-62-

1Hydrazine302-01-2Hydrocyanic acid74-90-8Hydroquinone123-31-9Hydroxy-2-

propionitrile (hydracrylonitrile)109-78-4Indeno(1,2,3-cd)pyrene193-39-5Lead

acetate301-04-2Lead subacetate (lead acetate, monobasic)1335-32-6Leucine61-90-

5Malathion121-75-5Maleic acid110-16-7Maleic anhydride108-31-6Mesityl oxide141-

79-7Methane sulfonic acid75-75-2Methomy116752-77-5p-Methoxypheno1150-76-

5Methylacrylate96-33-34,4'-Methylene-bis-(2-chloroaniline)101-14-44,41-

Methylenediphenyl diisocyanate (diphenyl methane diisocyanate)101-68-84,4'-

Methylenedianiline101-77-9Methylene diphenylamine (MDA)5-Methylfurfura1620-02-

0Methylhydrazine60-34-4Methyliminoacetic acidMethyl methane sulfonate66-27-31-

Methy1-2-methoxyaziridineMethylparathion298-00-0Methyl sulfuric acid (sulfuric

acid, dimethyl ester)77-78-14-Methylthiopheno1106-45-6Monomethylformamide (N-

methylformamide)123-39-7Nabam142-59-6?a-Naphthol90-15-3?Z-Naphthol135-19-34a -

Naphthylamine134-32-7?S -Naphthylamine91-59-8Neopentyl glyco1126-30-

7Niacinamide98-92-0o-Nitroaniline88-74-4Nitroglycerin55-63-02-Nitropheno188-75-

54-Nitropheno1100-02-7N-Nitrosodimethylamine62-75-9Nitrosoguanidine674-81-7N-

Nitroso-n-methylurea684-93-5N-Nitrosomorpholine (4-nitrosomorpholine)59-89-

20xalic acid144-62-7Parathion56-38-2Pentaerythrito1115-77-5Phenacetin62-44-

2Pheno1108-95-2Phenylacetic acid103-82-2m-Phenylene diamine108-45-2o-Phenylene

diamine95-54-5p-Phenylene diamine106-50-3Phenyl mercuric acetate62-38-

4Phorate298-02-2Phthalic anhydride85-44-9-?-a_-Picoline (2-methyl pyridine) 109-06-

81,3-Propane sulfone1120-71-44L-Propiolactone57-57-8Proporur (Baygon)Propylene

glyco157-55-6Pyrene129-00-0Pyridinium bromide39416-48-3Quinoline91-22-5Quinone

(p-benzoquinone)106-51-4Resorcino1108-46-3Simazine122-34-9Sodium acetate127-09-

3Sodium formate141-53-7Strychnine57-24-9Succinic acid110-15-6Succinimide123-56-

8Sulfanilic acid121-47-1Terephthalic acid100-21-

0Tetraethyldithiopyrophosphate3689-24-5Tetraethylenepentamine112-57-

2Thiofanox39196-18-4Thiosemicarbazide79-19-62,4-Toluenediamine95-80-72,6-

Toluenediamine823-40-53,4-Toluenediamine496-72-02,4-Toluene diisocyanate584-84-

9p-Toluic acid99-94-5m-Toluidine108-44-11,1,2-Trichloro-1,2,2-trifluoroethane76-

13-1Triethanolamine102-71-6Triethylene glycol dimethyl etherTripropylene

glyco124800-44-0Warfarin81-81-23,4-Xylenol (3,4-dimethylphenol)95-65-8

(Source: Amended at 32 Ill. Reg. ?--, effective ?

ILLINOIS RECI TER

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JCAR350725-0805429r01

POLLUTION CONTPOL BOARD

NOTICE OF PROPOSED AMENDMENTS-

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