JCAR350725-0805429r01
EXEMPT
1?
TITLE 35: ENVIRONMENTAL PROTECTION
2?
SUBTITLE G: WASTE DISPOSAL
3?
CHAPTER I: POLLUTION CONTROL BOARD
4?
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
5
6?
PART 725
7 INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS
8?
WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
9
10?
SUBPART A: GENERAL PROVISIONS
11
12?
Section
13?
725.101?
Purpose, Scope, and Applicability
14?
725.102?
Electronic Reporting
15?
725.104?
Imminent Hazard Action
16
17?
SUBPART B: GENERAL FACILITY STANDARDS
18
19?
Section
20?
725.110?
Applicability
21
?
725.111
?
USEPA Identification Number
22?
725.112
?
Required Notices
23?
725.113
?
General Waste Analysis
24?
725.114
?
Security
25?
725.115?
General Inspection Requirements
26?
725.116?
Personnel Training
27?
725.117?
General Requirements for Ignitable, Reactive, or Incompatible Wastes
28?
725.118?
Location Standards
29?
725.119?
Construction Quality Assurance Program
30
31?
SUBPART C: PREPAREDNESS AND PREVENTION
32
33?
Section
34
?
725.130?
Applicability
35
?
725.131
?
Maintenance and Operation of Facility
36?
725.132?
Required Equipment
37?
725.133?
Testing and Maintenance of Equipment
38
?
725.134
?
Access to Communications or Alarm System
39?
725.135
?
Required Aisle Space
40?
725.137?
Arrangements with Local Authorities
41
42
?
SUBPART D: CONTINGENCY PLAN AND EMERGENCY PROCEDURES
43
JCAR350725-0805429r01
44 Section
45?
725.150?
Applicability
46?
725.151?
Purpose and Implementation of Contingency Plan
47?
725.152?
Content of Contingency Plan
48?
725.153?
Copies of Contingency Plan
49 725.154?
Amendment of Contingency Plan
50 725.155?
Emergency Coordinator
51?
725.156?
Emergency Procedures
52
53?SUBPART E: MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING
54
55
?
Section
56?
725.170?
Applicability
57 725.171
?
Use of Manifest System
58?
725.172?
Manifest Discrepancies
59
?
725.173
?
Operating Record
60
?
725.174?
Availability, Retention, and Disposition of Records
61?
725.175?
Annual Report
62 725.176
?
Unmanifested Waste Report
63?
725.177?
Additional Reports
64
65?
SUBPART F: GROUNDWATER MONITORING
66
67?
Section
68
?
725.190?
Applicability
69 725.191?
Groundwater Monitoring System
70 725.192?
Sampling and Analysis
71?
725.193?
Preparation, Evaluation, and Response
72 725.194?
Recordkeeping and Reporting
73
74
?
SUBPART G: CLOSURE AND POST-CLOSURE CARE
75
76?
Section
77?
725.210?
Applicability
78?
725.211?
Closure Performance Standard
79 725.212
?
Closure Plan; Amendment of Plan
80 725.213
?
Closure; Time Allowed for Closure
81?
725.214?
Disposal or Decontamination of Equipment, Structures, and Soils
82?
725.215?
Certification of Closure
83
?
725.216?
Survey Plat
84 725.217
?
Post-Closure Care and Use of Property
85 725.218?
Post-Closure Care Plan; Amendment of Plan
86?
725.219?
Post-Closure Notices
JCAR350725-0805429r01
87?
725.220
?
Certification of Completion of Post-Closure Care
88?
725.221?
Alternative Post-Closure Care Requirements
89
90
?
SUBPART H: FINANCIAL REQUIREMENTS
91
92?
Section
93
?
725.240
?
Applicability
94?
725.241?
Definitions of Terms as Used in this Subpart H
95?
725.242?
Cost Estimate for Closure
96
?
725.243?
Financial Assurance for Closure
97?
725.244?
Cost Estimate for Post-Closure Care
98
?
725.245
?
Financial Assurance for Post-Closure Monitoring and Maintenance
99 725.246?
Use of a Mechanism for Financial Assurance of Both Closure and Post-Closure
100
?
Care
101?
725.247?
Liability Requirements
102?
725.248?
Incapacity of Owners or Operators, Guarantors, or Financial Institutions
103?
725.251?
Promulgation of Forms (Repealed)
104
105?
SUBPART I: USE AND MANAGEMENT OF CONTAINERS
106
107?
Section
108?
725.270?
Applicability
109?
725.271?
Condition of Containers
110
?
725.272?
Compatibility of Waste with Containers
111?
725.273?
Management of Containers
112?
725.274?
Inspections
113
?
725.276?
Special Requirements for Ignitable or Reactive Wastes
114 725.277?
Special Requirements for Incompatible Wastes
115?
725.278?
Air Emission Standards
116
117?
SUBPART J: TANK SYSTEMS
118
119?
Section
120?
725.290?
Applicability
121?
725.291?
Assessment of Existing Tank System Integrity
122 725.292?
Design and Installation of New Tank Systems or Components
123?
725.293?
Containment and Detection of Releases
124 725.294
?
General Operating Requirements
125?
725.295
?
Inspections
126 725.296?
Response to Leaks or Spills and Disposition of Tank Systems
127?
725.297
?
Closure and Post-Closure Care
128?
725.298?
Special Requirements for Ignitable or Reactive Wastes
129?
725.299
?
Special Requirements for Incompatible Wastes
JCAR350725-0805429r01
130
725.300
Waste Analysis and Trial Tests
131
725.301
Generators of 100 to 1,000 Kilograms of Hazardous Waste Per Month
132
725.302
Air Emission Standards
133
134
SUBPART K: SURFACE IMPOUNDMENTS
135
136
Section
137
725.320
Applicability
138
725.321
Design and Operating Requirements
139
725.322
Action Leakage Rate
140 725.323
Containment SystemResponse-Aetions
141
725.324
Response Actions
142
725.325
Waste Analysis and Trial Tests
143
725.326
Monitoring and Inspections
144
725.328
Closure and Post-Closure Care
145
725.329
Special Requirements for Ignitable or Reactive Wastes
146
725.330
Special Requirements for Incompatible Wastes
147
725.331
Air Emission Standards
148
149
SUBPART L: WASTE PILES
150
151
Section
152
725.350
Applicability
153
725.351
Protection from Wind
154
725.352
Waste Analysis
155
725.353
Containment
156 725.354
Design and Operating Requirements
157
725.355
Action Leakage Rates
158
725.356
Special Requirements for Ignitable or Reactive Wastes
159
725.357
Special Requirements for Incompatible Wastes
160
725.358
Closure and Post-Closure Care
161
725.359
Response Actions
162
725.360
Monitoring and Inspections
163
164
SUBPART M: LAND TREATMENT
165
166
Section
167
725.370
Applicability
168
725.372
General Operating Requirements
169
725.373
Waste Analysis
170 725.376
Food Chain Crops
171
725.378
Unsaturated Zone (Zone of Aeration) Monitoring
172 725.379
Recordkeeping
JCAR350725-0805429r01
173
?
725.380?
Closure and Post-Closure Care
174?
725.381?
Special Requirements for Ignitable or Reactive Wastes
175?
725.382?
Special Requirements for Incompatible Wastes
176
177?
SUBPART N: LANDFILLS
178
179?
Section
180?
725.400?
Applicability
181?
725.401?
Design Requirements
182 725.402
?
Action Leakage Rate
183?
725.403?
Response Actions
184?
725.404?
Monitoring and Inspections
185 725.409?
Surveying and Recordkeeping
186
?
725.410?
Closure and Post-Closure Care
187?
725.412?
Special Requirements for Ignitable or Reactive Wastes
188?
725.413?
Special Requirements for Incompatible Wastes
189?
725.414
?
Special Requirements for Liquid Wastes
190?
725.415?
Special Requirements for Containers
191?
725.416?
Disposal of Small Containers of Hazardous Waste in Overpacked Drums (Lab
192? Packs)
193
194?
SUBPART 0: INCINERATORS
195
196?
Section
197?
725.440?
Applicability
198
?
725.441
?
Waste Analysis
199 725.445?
General Operating Requirements
200?
725.447
?
Monitoring and Inspections
201?
725.451?
Closure
202?
725.452?
Interim Status Incinerators Burning Particular Hazardous Wastes
203
204?
SUBPART P: THERMAL TREATMENT
205
206?
Section
207 725.470
?
Other Thermal Treatment
208 725.473?
General Operating Requirements
209?
725.475
?
Waste Analysis
210?
725.477?
Monitoring and Inspections
211?
725.481?
Closure
212 725.482
?
Open Burning; Waste Explosives
213 725.483
?
Interim Status Thermal Treatment Devices Burning Particular Hazardous Wastes
214
215?
SUBPART Q: CHEMICAL, PHYSICAL, AND BIOLOGICAL TREATMENT
JCAR350725-0805429r01
216
217?
Section
218?
725.500?
Applicability
219
?
725.501
?
General Operating Requirements
220?
725.502?
Waste Analysis and Trial Tests
221?
725.503
?
Inspections
222?
725.504?
Closure
223?
725.505?
Special Requirements for Ignitable or Reactive Wastes
224 725.506
?
Special Requirements for Incompatible Wastes
225
226?
SUBPART R: UNDERGROUND INJECTION
227
228
?
Section
229?
725.530?
Applicability
230
231?
SUBPART W: DRIP PADS
232
233?
Section
234?
725.540?
Applicability
235?
725.541?
Assessment of Existing Drip Pad Integrity
236?
725.542?
Design and Installation of New Drip Pads
237 725.543
?
Design and Operating Requirements
238?
725.544?
Inspections
239?
725.545?
Closure
240
241
?
SUBPART AA: AIR EMISSION STANDARDS FOR PROCESS VENTS
242
243?
Section
244?
725.930?
Applicability
245?
725.931?
Definitions
246?
725.932
?
Standards: Process Vents
247
?
725.933?
Standards: Closed-Vent Systems and Control Devices
248 725.934?
Test Methods and Procedures
249 725.935?
Recordkeeping Requirements
250
251?
SUBPART BB: AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS
252
253?
Section
254?
725.950?
Applicability
255
?
725.951?
Definitions
256?
725.952?
Standards: Pumps in Light Liquid Service
257?
725.953?
Standards: Compressors
258?
725.954
?
Standards: Pressure Relief Devices in Gas/Vapor Service
JCAR350725-0805429r01
259?
725.955?
Standards: Sampling Connecting Systems
260 725.956?
Standards: Open-Ended Valves or Lines
261?
725.957?
Standards: Valves in Gas/Vapor or Light Liquid Service
262?
725.958?
Standards: Pumps, Valves, Pressure Relief Devices, Flanges, and Other
263
?
Connectors
264?
725.959?
Standards: Delay of Repair
265?
725.960
?
Standards: Closed-Vent Systems and Control Devices
266?
725.961?
Percent Leakage Alternative for Valves
267 725.962?
Skip Period Alternative for Valves
268 725.963?
Test Methods and Procedures
269 725.964?
Recordkeeping Requirements
270
271?SUBPART CC: AIR EMISSION STANDARDS FOR TANKS, SURFACE
272?
IMPOUNDMENTS, AND CONTAINERS
273?
Section
274?
725.980
?
Applicability
275?
725.981?
Definitions
276 725.982?
Schedule for Implementation of Air Emission Standards
277?
725.983?
Standards: General
278 725.984
?
Waste Determination Procedures
279?
725.985?
Standards: Tanks
280 725.986?
Standards: Surface Impoundments
281?
725.987?
Standards: Containers
282?
725.988?
Standards: Closed-Vent Systems and Control Devices
283?
725.989?
Inspection and Monitoring Requirements
284 725.990?
Recordkeeping Requirements
285?
725.991?
Alternative Tank Emission Control Requirements (Repealed)
286
287?
SUBPART DD: CONTAINMENT BUILDINGS
288
289?
Section
290?
725.1100?
Applicability
291?
725.1101?
Design and Operating Standards
292?
725.1102?
Closure and Post-Closure Care
293
294?
SUBPART EE: HAZARDOUS WASTE MUNITIONS AND EXPLOSIVES STORAGE
295
296
?
Section
297?
725.1200?
Applicability
298?
725.1201?
Design and Operating Standards
299?
725.1202
?
Closure and Post-Closure Care
300
301 725.APPENDIX A
?
Recordkeeping Instructions
JCAR350725-0805429r01
302 725.APPENDIX B
EPA Report Form and Instructions (Repealed)
303 725.APPENDIX C
USEPA Interim Primary Drinking Water Standards
304 725.APPENDIX D
Tests for Significance
305 725.APPENDIX E
Examples of Potentially Incompatible Wastes
306 725.APPENDIX F
Compounds with Henry's Law Constant Less Than 0.1 Y/X (at
307
25°C)
308
309 AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the
310
Environmental Protection Act [415 ILCS 5/7.2, 22.4, and 27].
311
312
SOURCE: Adopted in R81-22 at 5 Ill. Reg. 9781, effective May 17, 1982; amended and
313
codified in R81-22 at 6 III. Reg. 4828, effective May 17, 1982; amended in R82-18 at 7 III. Reg.
314
2518, effective February 22, 1983; amended in R82-19 at 7 Ill. Reg. 14034, effective October 12,
315
1983; amended in R84-9 at 9 III. Reg. 11869, effective July 24, 1985; amended in R85-22 at 10
316
Ill. Reg. 1085, effective January 2, 1986; amended in R86-1 at 10 Ill. Reg. 14069, effective
317
August 12, 1986; amended in R86-28 at 11 Ill. Reg. 6044, effective March 24, 1987; amended in
318
R86-46 at 11 111. Reg. 13489, effective August 4, 1987; amended in R87-5 at 11 111. Reg. 19338,
319
effective November 10, 1987; amended in R87-26 at 12 111. Reg. 2485, effective January 15,
320
1988; amended in R87-39 at 12 Ill. Reg. 13027, effective July 29, 1988; amended in R88-16 at
321
13 III. Reg. 437, effective December 28, 1988; amended in R89-1 at 13 III. Reg. 18354, effective
322
November 13, 1989; amended in R90-2 at 14 Ill. Reg. 14447, effective August 22, 1990;
323
amended in R90-10 at 14 Ill. Reg. 16498, effective September 25, 1990; amended in R90-11 at
324
15 Ill. Reg. 9398, effective June 17, 1991; amended in R91-1 at 15 Ill. Reg. 14534, effective
325
October 1, 1991; amended in R91-13 at 16 Ill. Reg. 9578, effective June 9, 1992; amended in
326
R92-1 at 16 III. Reg. 17672, effective November 6, 1992; amended in R92-10 at 17 III. Reg.
327
5681, effective March 26, 1993; amended in R93-4 at 17 III. Reg. 20620, effective November 22,
328
1993; amended in R93-16 at 18 Ill. Reg. 6771, effective April 26, 1994; amended in R94-7 at 18
329
Ill. Reg. 12190, effective July 29, 1994; amended in R94-17 at 18 Ill. Reg. 17548, effective
330 November 23, 1994; amended in R95-6 at 19 III. Reg. 9566, effective June 27, 1995; amended in
331
R95-20 at 20 III. Reg. 11078, effective August 1, 1996; amended in R96-10/R97-3/R97-5 at 22
332
Ill. Reg. 369, effective December 16, 1997; amended in R98-12 at 22 III. Reg. 7620, effective
333
April 15, 1998; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17620, effective September 28,
334
1998; amended in R98-21/R99-2/R99-7 at 23 III. Reg. 1850, effective January 19, 1999;
335
amended in R99-15 at 23 Ill. Reg. 9168, effective July 26, 1999; amended in R00-5 at 24 Ill.
336
Reg. 1076, effective January 6, 2000; amended in R00-13 at 24 Ill. Reg. 9575, effective June 20,
337
2000; amended in R03-7 at 27 Ill. Reg. 4187, effective February 14, 2003; amended in R05-8 at
338
29 III. Reg. 6028, effective April 13, 2005; amended in R05-2 at 29 III. Reg. 6389, effective
339
April 22, 2005; amended in R06-5/R06-6/R06-7 at 30 III. Reg. 3460, effective February 23,
340
2006; amended in R06-16/R06-17/R06-18 at 31 Ill. Reg. 1031, effective December 20, 2006;
341
amended in R07-5/R07-14 at 32 III. Reg.
, effective
342
343
SUBPART B: GENERAL FACILITY STANDARDS
344
JCAR350725-0805429r01
345
Section
725.115
General Inspection Requirements
346
347
a)
The owner or operator must inspect the facility for malfunctions and deterioration,
348
operator errors and discharges that may be causing – or may lead to – the
349
conditions listed below. The owner or operator must conduct these inspections
350
often enough to identify problems in time to correct them before they harm
351
human health or the environment.
352
353
1)
Release of hazardous waste constituents to the environment, or
354
355
2)
A threat to human health.
356
357
b)
Written schedule.
358
359
1)
The owner or operator must develop and follow a written schedule for
360
inspecting all monitoring equipment, safety and emergency equipment,
361
security devices, and operating and structural equipment (such as dikes
362
and sump pumps) that are important to preventing, detecting, or
363
responding to environmental or human health hazards.
364
365
2)
The owner or operator must keep this schedule at the facility.
366
367
3)
The schedule must identify the types of problems (e.g., malfunctions or
368
deterioration) that are to be looked for during the inspection (e.g.,
369
inoperative sump pump, leaking fitting, eroding dike, etc.).
370
371
4)
The frequency of inspection may vary for the items on the schedule.
372
However, the frequency should be based on the rate of deterioration of the
373
equipment and the probability of an environmental or human health
374
incident if the deterioration, malfunction, or any operator error goes
375
undetected between inspections. Areas subject to spills, such as loading
376
and unloading areas, must be inspected daily when in use except for the
377
owner or operator of a Performance Track member facility, which must
378
inspect at least once each month after approval by the Agency, as
379
described in subsection (b)(5) of this Section. At a minimum, the
380
inspection schedule must include the items and frequencies called for in
381
Sections 725.274, 725.293, 725.295, 725.326, 725.360, 725.378, 725.404,
382
725.447, 725.477, 725.503, 725.933, 725.952, 725.953, 725.958, and
383
725.984 through 725.990, where applicable.
384
385
The owner or operator of a Performance Track member facility that
386
chooses to reduce its inspection frequency must fulfill the following
387
requirements:
JCAR350725-0805429r01
388
389
A/?
It must submit an application to the Agency. The application must
390
identify its facility as a member of the National Environmental
391
Performance Track Program, and it must identify the management
392
units for reduced inspections and the proposed frequency of
393
inspections. Inspections pursuant to this subsection (b)(5) must be
394
conducted at least once each month.
395
396
Within 60 days, the Agency must notify the owner or operator of
397
the Performance Track member facility, in writing, if the
398
application submitted pursuant to subsection (b)(5)(A) of this
399
Section is approved, denied, or if an extension to the 60-day
400
deadline is needed. This notice must be placed in the facility's
401
operating record. The owner or o_perator of the Performance Track
402
member facility should consider the application approved if the
403
Agency does not either deny the application or notify the owner or
404
operator of the Performance Track member facility of an extension
405
to the 60-day deadline. In these situations, the owner or operator
406
of the Performance Track member facility must adhere to the
407
revised inspection schedule outlined in its application and maintain
408
a copy of the application in the facility's operating record.
409
410
Q
Any owner or operator of a Performance Track member facility
411
that discontinues its membership or which USEPA terminates from
412
the program must immediately notify the Agency of its change in
413
status. The facility owner or operator must place in its operating
414
record a dated copy of this notification and revert back to the non-
415
Performance Track inspection frequencies within seven calendar
416
days.
417
418 c)
The owner or operator must remedy any deterioration or malfunction of
419
equipment or structure that the inspection reveals on a schedule that ensures that
420
the problem does not lead to an environmental or human health hazard. Where a
421
hazard is imminent or has already occurred, remedial action must be taken
422
immediately.
423
424
d)
The owner or operator must record inspections in an inspection log or summary.
425
The owner or operator must keep these records for at least three years from the
426
date of inspection. At a minimum, these records must include the date and time
427
of the inspection, the name of the inspector, a notation of the observations made
428
and the date, and nature of any repairs or other remedial actions.
429
430
(Source: Amended at 32 Ill. Reg.
, effective
JCAR350725-0805429r01
431
432
Section 725.116 Personnel Training
433
434
a)
Personnel training program.
435
436
1)
Facility personnel must successfully complete a program of classroom
437
instruction or on-the-job training that teaches them to perform their duties
438
in a way that ensures the facility's compliance with the requirements of
439
this part. The owner or operator must ensure that this program includes all
440
the elements described in the document required under subsection (d)(3)
441
of this Section.
442
443
2)
This program must be directed by a person trained in hazardous waste
444
management procedures, and must include instruction that teaches facility
445
personnel hazardous waste management procedures (including
446
contingency plan implementation) relevant to the positions in which they
447
are employed.
448
449
3)
At a minimum, the training program must be designed to ensure that
450
facility personnel are able to respond effectively to emergencies by
451
familiarizing them with emergency procedures, emergency equipment and
452
emergency systems, including the following where applicable:
453
454
A)
Procedures for using, inspecting, repairing and replacing facility
455
emergency and monitoring equipment;
456
457
B)
Key parameters for automatic waste feed cut-off systems;
458
459
C)
Communications or alarm systems;
460
461
D)
Response to fires or explosions;
462
463
E)
Response to groundwater contamination incidents; and
464
465
F)
Shutdown of operations.
466
467
For facility employees that receive emergency response training pursuant
468
to the federal Occupational Safety and Health Administration (OSHA)
469
regulations at 29 CFR 1910.120(p)(8) and 1910.120(q), the facility is not
470
required to provide separate emergency response training pursuant to this
471
section, provided that the overall facility OSHA emergency response
472
training meets all the requirements
of this Section.
473
JCAR350725-0805429r01
474
b)
Facility personnel must successfully complete the program required in subsection
475
(a) of this Section upon the effective date of these regulations or six months after
476
the date of their employment or assignment to a facility or to a new position at a
477
facility, whichever is later. Employees hired after the effective date of these
478
regulations must not work in unsupervised positions until they have completed the
479
training requirements of subsection (a) of this Section.
480
481
c)
Facility personnel must take part in an annual review of the initial training
482
required in subsection (a) of this Section.
483
484
d)
The owner or operator must maintain the following documents and records at the
485
facility:
486
487
1)
The job title for each position at the facility related to hazardous waste
488
management and the name of the employee filling each job;
489
490
2)
A written job description for each position listed under subsection (d)(1)
491
of this Section. This description may be consistent in its degree of
492
specificity with descriptions for other similar positions in the same
493
company location or bargaining unit, but must include the requisite skill,
494
education, or other qualifications and duties of facility personnel assigned
495
to each position;
496
497
3)
A written description of the type and amount of both introductory and
498
continuing training that will be given to each person filling a position
499
listed under subsection (d)(1) of this Section;
500
501
4)
Records that document that the training or job experience required under
502
subsections (a), (b), and (c) of this Section has been given to and
503
completed by facility personnel.
504
505
e)
Training records on current personnel must be kept until closure of the facility.
506
Training records on former employees must be kept for at least three years from
507
the date the employee last worked at the facility. Personnel training records may
508
accompany personnel transferred within the same company.
509
510
(Source: Amended at 32 Ill. Reg.
, effective )
511
512
Section
725.119
Construction Quality Assurance Program
513
514
a)
CQA program.
515
516
1)
A construction quality assurance (CQA) program is required for all
JCAR350725-0805429r01
517
surface impoundment, waste pile and landfill units that are required to
518
comply with Sections 725.321(a), 725.354, and 725.401(a). The program
519
must ensure that the constructed unit meets or exceeds all design criteria
520
and specifications in this Part. The program must be developed and
521
implemented under the direction of a CQA officer that is a registered
522
professional engineer.
523
524
2)
The CQA program must address the following physical components,
525
where applicable:
526
527
A)
Foundations;
528
529
B)
Dikes;
530
531
C)
Low-permeability soil liners;
532
533
D)
?
Geomembranes (flexible membrane liners);
534
535
E)
Leachate collection and removal systems and leak detection
536
systems; and
537
538
F)
Final cover systems.
539
540 b)
Written CQA plan. Before construction begins on a unit subject to the CQA
541
program under subsection (a) of this Section, the owner or operator must develop
542
a written CQA plan. The plan must identify steps that will be used to monitor and
543
document the quality of materials and the condition and manner of their
544
installation. The CQA plan must include the following:
545
546
1)
Identification of applicable units and a description of how they will be
547
constructed.
548
549
2)
Identification of key personnel in the development and implementation of
550
the CQA plan, and CQA officer qualifications.
551
552
3)
A description of inspection and sampling activities for all unit components
553
identified in subsection (a)(2) of this Section, including observations and
554
tests that will be used before, during and after construction to ensure that
555
the construction materials and the installed unit components meet the
556
design specifications. The description must cover: Sampling size and
557
locations; frequency of testing; data evaluation procedures; acceptance and
558
rejection criteria for construction materials; plans for implementing
559
corrective measures; and data or other information to be recorded and
JCAR350725-0805429r01
560
retained in the operating record under Section 725.173.
561
562
c)
Contents of program.
563
564
1)
The CQA program must include observations, inspections, tests and
565
measurements sufficient to ensure the following:
566
567
A)
Structural stability and integrity of all components of the unit
568
identified in subsection (a)(2) of this Section;
569
570
B)
Proper construction of all components of the liners, leachate
571
collection and removal system, leak detection system and final
572
cover system, according to permit specifications and good
573
engineering practices, and proper installation of all components
574
(e.g., pipes) according to design specifications;
575
576
C)
Conformity of all materials used with design and other material
577
specifications under 35 III. Adm. Code 724.321, 724.351, and
578
724.401.
579
580
2)
The CQA program must include test fills for compacted soil liners, using
581
the same compaction methods as in the full-scale unit, to ensure that the
582
liners are constructed to meet the hydraulic conductivity requirements of
583
35 III. Adm. Code 724.321(c)(1), 724.351(c)(1), or 724.401(c)(1) in the
584
field. Compliance with the hydraulic conductivity requirements must be
585
verified by using in-situ testing on the constructed test fill. The test fill
586
requirement is waived where data are sufficient to show that a constructed
587
soil liner meets the hydraulic conductivity requirements of 35 III. Adm.
588
Code 724.321(c)(1), 724.354(c)(1)724.351(c)(4-) or 724.401(c)(1) in the
589
field.
590
591 d)
Certification. The owner or operator of units subject to this Section must submit
592
to the Agency by certified mail or hand delivery, at least 30 days prior to
593
receiving waste, a certification signed by the CQA officer that the CQA plan has
594
been successfully carried out and that the unit meets the requirements of Sections
595
725.321(a), 725.354, or 725.401(a). The owner or operator may receive waste in
596
the unit after 30 days from the Agency's receipt of the CQA certification unless
597
the Agency determines in writing that the construction is not acceptable, or
598
extends the review period for a maximum of 30 more days, or seeks additional
599
information from the owner or operator during this period. Documentation
600
supporting the CQA officer's certification must be furnished to the Agency upon
601 request.
602
JCAR350725-0805429r01
603
e)
Final Agency determinations pursuant to this Section are deemed to be permit
604
denials for purposes of appeal to the Board pursuant to Section 40 of the
605
Environmental Protection Act [415 ILCS 5/40].
606
607
(Source: Amended at 32 III. Reg.
, effective
)
608
609
SUBPART D: CONTINGENCY PLAN AND EMERGENCY PROCEDURES
610
611
Section 725.152 Content of Contingency Plan
612
613
a)
The contingency plan must describe the actions facility personnel must take to
614
comply with Sections 725.151 and 725.156 in response to fires, explosions, or any
615
unplanned sudden or non-sudden release of hazardous waste or hazardous waste
616
constituents to air, soil, or surface water at the facility.
617
618 b)
If the owner or operator has already prepared a federal Spill Prevention Control
619
and Countermeasures (SPCC) Plan in accordance with 40 CFR Part 112 or 300, or
620
some other emergency or contingency plan, it needs only amend that plan to
621
incorporate hazardous waste management provisions that are sufficient to comply
622
with the requirements of this Part. The owner or operator may develop one
623
contingency plan that meets all regulatory requirements. USEPA has
624
recommended that the elan be based on the National Res
p
onse Team's Inte rated
625
Contingency Plan Guidance (One Plan). When modifications are made to non-
626
RCRA provisions in an integrated contingency plan, the changes do not trigger
627
the need for a RCRA permit modification.
628
629
BOARD NOTE: The federal One Plan guidance appeared in the Federal Register
630
at 61 Fed. Reg. 28642 (June 5, 1996), and was corrected at 61 Fed. Reg. 31103
631
(June 19, 1996). USEPA, Office of Solid Waste and Emergency Response,
632
Chemical Emergency Preparedness and Prevention Office has made these
633
documents available on-line for examination and download at
634
yosemite.epa.gov/oswer/Ceppoweb.nsf/content/serc-le_p_c-publications.htm.
635
636
c)
The plan must describe arrangements agreed to by local police department, fire
637
departments, hospitals, contractors, and State and local emergency response teams
638
to coordinate emergency services, pursuant to Section 725.137.
639
640
d)
The plan must list names, addresses, and phone numbers (office and home) of all
641
persons qualified to act as emergency coordinator (see Section 725.155), and this
642
list must be kept up to date. Where more than one person is listed one must be
643
named as primary emergency coordinator and others must be listed in the order in
644
which they will assume responsibility as alternates.
645
JCAR350725-0805429r01
646
e)
The plan must include a list of all emergency equipment at the facility (such as
647
fire extinguishing systems, spill control equipment, communications and alarm
648
systems (internal and external), and decontamination equipment) where this
649
equipment is required. This list must be kept up to date. In addition, the plan
650
must include the location and a physical description of each item on the list and a
651
brief outline of its capabilities.
652
653 f)
The plan must include an evacuation plan for facility personnel where there is a
654
possibility that evacuation could be necessary. This plan must describe signals to
655
be used to begin evacuation, evacuation routes, and alternate evacuation routes (in
656
cases where the primary routes could be blocked by releases of hazardous waste
657
or fires).
658
659
(Source: Amended at 32 Ill. Reg.
, effective
)
660
661
Section 725.156 Emergency Procedures
662
663
a)
Whenever there is an imminent or actual emergency situation, the emergency
664
coordinator (or his designee when the emergency coordinator is on call) must
665
immediately do the following:
666
667
1)
He or she must activate internal facility alarms or communication systems,
668
where applicable, to notify all facility personnel; and
669
670
2)
He or she must notify appropriate State or local agencies with designated
671
response roles if their help is needed.
672
673
b)
Whenever there is a release, fire, or explosion, the emergency coordinator must
674
immediately identify the character, exact source, amount, and areala-real extent of
675
any released materials. He or she may do this by observation or review of facility
676
records or manifests and, if necessary, by chemical analysis.
677
678
c)
Concurrently, the emergency coordinator must assess possible hazards to human
679
health or the environment that may result from the release, fire, or explosion.
680
This assessment must consider both direct and indirect effects of the release, fire,
681
or explosion (e.g., the effects of any toxic, irritating, or asphyxiating gases that are
682
generated, or the effects of any hazardous surface water runoffs from water or
683
chemical agents used to control fire and heat-induced explosions).
684
685
d)
If the emergency coordinator determines that the facility has had a release, fire, or
686
explosion that could threaten human health or the environment outside the
687
facility, he or she must report his findings as follows:
688
JCAR350725-0805429r01
689
1)
If his assessment indicates that evacuation of local areas may be advisable,
690
the emergency coordinator must immediately notify appropriate local
691
authorities. He or she must be available to help appropriate officials
692
decide whether local areas should be evacuated; and
693
694
2)
The emergency coordinator must immediately notify either the
695
government official designated as the on-scene coordinator for that
696
geographical area (in the applicable regional contingency plan under
697
federal 40 CFR 300), or the National Response Center (using their 24-hour
698
toll free number 800-424-8802). The report must include the following:
699
700
A)
The name and telephone number of reporter;
701
702
B)
The name and address of facility;
703
704
C)
The time and type of incident (e.g., release, fire, etc.);
705
706
D)
The name and quantity of materials involved, to the extent known;
707
708
E)
The extent of injuries, if any; and
709
710
F)
The possible hazards to human health or the environment outside
711
the facility.
712
713
e)
During an emergency the emergency coordinator must take all reasonable
714
measures necessary to ensure that fires, explosions, and releases do not occur,
715
recur, or spread to other hazardous waste at the facility. These measures must
716
include, where applicable, stopping processes and operations, collecting and
717
containing released waste, and removing or isolating containers.
718
719
If the facility stops operations in response to a fire, explosion or release, the
720
emergency coordinator must monitor for leaks, pressure buildup, gas generation,
721
or ruptures in valves, pipes, or other equipment, wherever this is appropriate.
722
723
Immediately after an emergency, the emergency coordinator must provide for
724
treating, storing, or disposing of recovered waste, contaminated soil, or surface
725
water, or any other material that results from a release, fire, or explosion at the
726
facility.
727
728
BOARD NOTE: Unless the owner or operator can demonstrate in accordance
729
with 35 III. Adm. Code 721.103(d) or (e) that the recovered material is not a
730
hazardous waste, the owner or operator becomes a generator of hazardous waste
731
and must manage it in accordance with all applicable requirements of 35 Ill. Adm.
JCAR350725-0805429r01
732
Code 722, 723, and 725.
733
734
h)
The emergency coordinator must ensure that, in the affected areas of the facility,
735
the following occur:
736
737
1)
No waste that may be incompatible with the released material is treated,
738
stored, or disposed of until cleanup procedures are completed; and
739
740
2)
All emergency equipment listed in the contingency plan is cleaned and fit
741
for its intended use before operations are resumed.
742
743
i3
744
local authorities that the facility is in compliance with subsection (h) of this
745
746
747
The owner or operator must note in the operating record the time, date, and details
748
of any incident that requires implementing the contingency plan. Within 15 days
749
after the incident, it must submit a written report on the incident to the Agency.
750
The report must include the following information:
751
752
1)
The name, address, and telephone number of the owner or operator;
753
754
2)
The name, address, and telephone number of the facility;
755
756
3)
The date, time, and type of incident (e.g., fire, explosion, etc.);
757
758
4)
The name and quantity of materials involved;
759
760
5)
The extent of injuries, if any;
761
762
6)
An assessment of actual or potential hazards to human health or the
763
environment, where this is applicable; and
764
765
7)
The estimated quantity and disposition of recovered material that resulted
766
from the incident.
767
768
(Source: Amended at 32 Ill. Reg.
, effective
769
770
SUBPART E: MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING
771
772
Section 725.171 Use of Manifest System
773
774
a)
Receipt of manifested hazardous waste.
775
776
777
778
779
780
781
782
783
784
785
786
787
788
789
790
791
792
793
794
795
796
797
798
799
800
801
802
803
804
805
806
807
808
809
810
811
812
813
814
815
816
817
JCAR350725-0805429r01
4-)
The following requirements apply until September 5, 2006: If a facility
hazard us waste covered by the manifest was received;
analysis before signing the manifest and giving it to the transporter.
Section 725.172(b), however, requires the owner or operator to report any
cigned manifest;
three years after the date of delivery.
2-3
The following requirements apply
effective
September 5, 2006:
14) If a facility receives hazardous waste accompanied by a manifest, the
owner, operator, or its agent must sign and date the manifest, as indicated
in subsection (a)(2)(B) of this Section, to certify that the hazardous waste
covered by the manifest was received, that the hazardous waste was
received except as noted in the discrepancy space of the manifest, or that
the hazardous waste was rejected as noted in the manifest discrepancy
space.
28) If a facility receives a hazardous waste shipment accompanied by a
manifest, the owner, operator, or its agent must do the following:
Ai)
It must sign and date, by hand, each copy of the manifest;
Bii)
It must note any
discrepancies (as defined in Section 725.172(b))
on each copy of the manifest;
• • P. •?
-
265.71(a) (2004), effective until September 5, 2006. Subsection (a)(2) of this
Section corresponds with 40 CFR 265.71(a) (2005), effective September 5, 2006.
JCAR350725-0805429r01
818
819
C40 It must immediately give the transporter at least one copy of the
820
manifest;
821
822
Div) It must send a copy of the manifest to the generator within 30 days
823
after delivery; and
824
825
Ev)
It must retain at the facility a copy of each manifest for at least
826
three years after the date of delivery.
827
828
3C)
If a facility receives hazardous waste imported from a foreign source, the
829
receiving facility must mail a copy of the manifest to the following
830
address within 30 days after delivery: International Compliance
831
Assurance Division, OFA/OECA (2254A), U.S. Environmental Protection
832
Agency, Arid Rios Building, 1200 Pennsylvania Avenue, NW,
833
Washington, DC 20460.
834
835
836
837
838
839
b)
If a facility receives from a rail or water (bulk shipment) transporter hazardous
840
waste that is accompanied by a shipping paper containing all the information
841
required on the manifest (excluding the USEPA identification numbers, generator
842
certification, and signatures), the owner or operator or its agent must do each of
843
the following:
844
845
1)
It must sign and date each copy of the manifest or shipping paper (if the
846
manifest has not been received) to certify that the hazardous waste
847
covered by the manifest or shipping paper was received;
848
849
2)
It must note any significant discrepancies, as defined in Section
850
725.172(a), in the manifest or shipping paper (if the manifest has not been
851
received) on each copy of the manifest or shipping paper;
852
853
BOARD NOTE: The owner or operator of a facility whose procedures
854
under Section 725.113(c) include waste analysis need not perform that
855
analysis before signing the shipping paper and giving it to the transporter.
856
Section 725.172(b), however, requires reporting an unreconciled
857
discrepancy discovered during later analysis.
858
859
3)
It must immediately give the rail or water (bulk shipment) transporter at
860
least one copy of the manifest or shipping paper (if the manifest has not
Agency within 30 days after the delivery; however, if the manifest
has not been received within 30 days after delivery, the owner or
operator, or its agent, must send a copy of the shipping paper
JCAR350725-0805429r01
861
been received);
862
863
Forwarding copies of the manifest.
864
865
A)
866
867
868
869
870
871
872
413) Effective September 5, 2006: The owner or operator must send a copy of
873
the signed and dated manifest or a signed and dated copy of the shipping
874
paper (if the manifest has not been received within 30 days after delivery)
875
to the generator within 30 days after the delivery; and
876
877
BOARD NOTE: 35 Ill. Adm. Code 722.123(c) requires the generator to
878
send three copies of the manifest to the facility when hazardous waste is
879
sent by rail or water (bulk shipment).
880
from 40 CFR 265.74(b)(4) (2001), effective until September 5, 2006.
881
Subsection (b)(4)(B) is derived from 40 CFR 265.74(b)(4) (2005),
882
effective September 5, 2006.
883
884
5)
Retain at the facility a copy of the manifest and shipping paper (if signed
885
in lieu of the manifest at the time of delivery) for at least three years from
886
the date of delivery.
887
888
c)
Whenever a shipment of hazardous waste is initiated from a facility, the owner or
889
operator of that facility must comply with the requirements of 35 III. Adm. Code
890
722.
891
892
BOARD NOTE: The provisions of 35 Ill. Adm. Code 722.134 are applicable to
893
the on-site accumulation of hazardous wastes by generators. Therefore, the
894
provisions of 35 III. Adm. Code 722.134 apply only to owners or operators that
895
are shipping hazardous waste which they generated at that facility.
896
897
d)
Within three working days of the receipt of a shipment subject to Subpart
H
of 35
898
Ill. Adm. Code 722, the owner or operator of the facility must provide a copy of
899
the tracking document bearing all required signatures to the notifier; to the Office
900
of Enforcement and Compliance Assurance, Office of Compliance, Enforcement
901
Planning, Targeting and Data Division (2222A), Environmental Protection
902
Agency, 401 M St., SW, Washington, DC 20460; to the Bureau of Land, Division
903
of Land Pollution Control, Illinois Environmental Protection Agency, P.O. Box
JCAR350725-0805429r01
904
19276, Springfield, IL 62794-9276; and to competent authorities of all other
905
concerned countries. The original copy of the tracking document must be
906
maintained at the facility for at least three years from the date of signature.
907
908
(Source: Amended at 32 III. Reg.
, effective
)
909
910
Section
725.172
Manifest Discrepancies
911
912
a)
!!
913
914
915
916
quantity or type of hazardous waste a facility actually receives.
917
918
919
920
Aj
For bulk waste, variations gr atcr than 10 percent in weight, and
921
922
923
discrepancy of one drum in a truckload.
924
925
Significant discrepancies in type arc obvious differences that can be
926
927
928
929
930
4)
931
932
933
934
must immediately submit to the Agency a letter describing the discrepancy
935
936
issue.
937
938
The following requirements apply effective September 5, 2005:
939
940
a4)
"Manifest discrepancies" are defined as any one of the following:
941
942
1A)
Significant differences (as defined by subsection (b)(2) of this Section)
943
between the quantity or type of hazardous waste designated on the
944
manifest or shipping paper, and the quantity and type of hazardous waste a
945
facility actually receives;
946
JCAR350725-0805429r01
947
2B) Rejected wastes, which may be a full or partial shipment of hazardous
948
waste that the treatment, storage, or disposal facility cannot accept; or
949
950
3E)
Container residues, which are residues that exceed the quantity limits for
951
empty containers set forth in 35 III. Adm. Code 721.107(b).
952
953
b2)
"Significant differences in quantity" are defined as the appropriate of the
954
following: for bulk waste, variations greater than 10 percent in weight; or, for
955
batch waste, any variation in piece count, such as a discrepancy of one drum in a
956
truckload. "Significant differences in type" are defined as obvious differences
957
that can be discovered by inspection or waste analysis, such as waste solvent
958
substituted for waste acid, or as toxic constituents not reported on the manifest or
959
shipping paper.
960
961
ca)
Upon discovering a significant difference in quantity or type, the owner or
962
operator must attempt to reconcile the discrepancy with the waste generator or
963
transporter (e.g., with telephone conversations). If the discrepancy is not resolved
964
within 15 days after receiving the waste, the owner or operator must immediately
965
submit to the Agency a letter describing the discrepancy and attempts to reconcile
966
it, and a copy of the manifest or shipping paper at issue.
967
968
d4)
Rejection of hazardous waste.
969
970
1A) Upon rejecting waste or identifying a container residue that exceeds the
971
quantity limits for empty containers set forth in 35 III. Adm. Code
972
721.107(b), the facility must consult with the generator prior to forwarding
973
the waste to another facility that can manage the waste. If it is impossible
974
to locate an alternative facility that can receive the waste, the facility may
975
return the rejected waste or residue to the generator. The facility must
976
send the waste to the alternative facility or to the generator within 60 days
977
after the rejection or the container residue identification.
978
979
2B)
While the facility is making arrangements for forwarding rejected wastes
980
or residues to another facility under this Section, it must ensure that either
981
the delivering transporter retains custody of the waste, or the facility must
982
provide for secure, temporary custody of the waste, pending delivery of
983
the waste to the first transporter designated on the manifest prepared under
984
subsection fej(b)(5) or (D(15)(6) of this Section.
985
986
e5)
Except as provided in subsection (e)(7)(b)(5)(C) of this Section, for full or partial
987
load rejections
and residues that are to be sent off-site to an alternate facility, the
988
?
facility is required to prepare a new manifest in accordance with 35 III. Adm.
JCAR350725-0805429r01
989
Code 722.120(a) and the follewing-instructions set forth in subsections (e)(1)
990
through (e)(6) of this Section:
991
992
1A) Write the generator's USEPA identification number in Item 1 of the new
993
manifest. Write the generator's name and mailing address in Item 5 of the
994
new manifest. If the mailing address is different from the generator's site
995
address, then write the generator's site address in the designated space in
996
Item 5.
997
998
28)
Write the name of the alternate designated facility and the facility's
999
USEPA identification number in the designated facility block (Item 8) of
1000
the new manifest.
1001
1002
3E) Copy the manifest tracking number found in Item 4 of the old manifest to
1003
the Special Handling and Additional Information Block of the new
1004
manifest, and indicate that the shipment is a residue or rejected waste from
1005
the previous shipment.
1006
1007
40) Copy the manifest tracking number found in Item 4 of the new manifest to
1008
the manifest reference number line in the Discrepancy Block of the old
1009
manifest (Item 18a).
1010
1011
5E)
Write the USDOT description for the rejected load or the residue in Item 9
1012
(USDOT Description) of the new manifest and write the container types,
1013
quantity, and volumes of waste.
1014
1015
6F)
Sign the Generator's/Offeror's Certification to certify, as the offeror of the
1016
shipment, that the waste has been properly packaged, marked and labeled
1017
and is in proper condition for transportation.
1018
1019
76) For full load rejections that are made while the transporter remains present
1020
at the facility, the facility may forward the rejected shipment to the
1021
alternate facility by completing Item 18b of the original manifest and
1022
supplying the information on the next destination facility in the Alternate
1023
Facility space. The facility must retain a copy of this manifest for its
1024
records, and then give the remaining copies of the manifest to the
1025
transporter to accompany the shipment. If the original manifest is not
1026
used, then the facility must use a new manifest and comply with
1027
subsections (e)(1)(b)(5)(A) through (e)(6)(b)(5)(F) of this Section.
1028
1029
f6)
Except as provided in subsection (f)(7)(b)(6)(C) of this Section, for rejected
1030
wastes and residues that must be sent back to the generator, the facility is required
1031
to prepare a new manifest in accordance with 35 Ill. Adm. Code 722.120(a) and
JCAR350725-0805429r01
1032
the following-instructions set forth in subsections (f)(1) through (0(6) of this
1033
Section:
1034
1035
1A) Write the facility's USEPA identification number in Item 1 of the new
1036
manifest. Write the generator's name and mailing address in Item 5 of the
1037
new manifest. If the mailing address is different from the generator's site
1038
address, then write the generator's site address in the designated space for
1039
Item 5.
1040
1041
2B)
Write the name of the initial generator and the generator's USEPA
1042
identification number in the designated facility block (Item 8) of the new
1043
manifest.
1044
1045
36) Copy the manifest tracking number found in Item 4 of the old manifest to
1046
the Special Handling and Additional Information Block of the new
1047
manifest, and indicate that the shipment is a residue or rejected waste from
1048
the previous shipment.
1049
1050
49) Copy the manifest tracking number found in Item 4 of the new manifest to
1051
the manifest reference number line in the Discrepancy Block of the old
1052
manifest (Item 18a).
1053
1054
5E)
Write the USDOT description for the rejected load or the residue in Item 9
1055
(USDOT Description) of the new manifest and write the container types,
1056
quantity, and volumes of waste.
1057
1058
6F)
Sign the Generator's/Offeror's Certification to certify, as offeror of the
1059
shipment, that the waste has been properly packaged, marked and labeled
1060
and is in proper condition for transportation.
1061
1062
76)
For full load rejections that are made while the transporter remains at the
1063
facility, the facility may return the shipment to the generator with the
1064
original manifest by completing Item 18b of the manifest and supplying
1065
the generator's information in the Alternate Facility space. The facility
1066
must retain a copy for its records and then give the remaining copies of the
1067
manifest to the transporter to accompany the shipment. If the original
1068
manifest is not used, then the facility must use a new manifest and comply
1069
with subsections (f)(1)(b)(6)(A) through (f)(6)(b)(6)(F) of this Section.
1070
1071 gg)
If a facility rejects a waste or identifies a container residue that exceeds the
1072
quantity limits for empty containers set forth in 35 Ill. Adm. Code 721.107(b)
1073
after it has signed, dated, and returned a copy of the manifest to the delivering
1074
transporter or to the generator, the facility must amend its copy of the manifest to
BOARD-NOTE: Subsection (a) is derived from 10
CUR
265.72 (2001), effective until
JCAR350725-0805429r01
1075
indicate the rejected wastes or residues in the discrepancy space of the amended
1076
manifest. The facility must also copy the manifest tracking number from Item 4
1077
of the new manifest to the Discrepancy space of the amended manifest, and must
1078
re-sign and date the manifest to certify to the information as amended. The
1079
facility must retain the amended manifest for at least three years from the date of
1080
amendment, and must, within 30 days, send a copy of the amended manifest to
1081
the transporter and generator that received copies prior to their being-amended.
1082
1083
1084
1085
September 5, 2006.
1086
1087
(Source: Amended at 32 Ill. Reg.
,
effective
1088
1089
Section
725.173
Operating Record
1090
1091
a)
The owner or operator must keep a written operating record at the facility.
1092
1093 b)
The following information must be recorded as it becomes available and
1094
maintained in the operating record for three years unless otherwise provided as
1095
followsuntil closure of the facility:
1096
1097
1)
A description and the quantity of each hazardous waste received and the
1098
methed-oemethods and date-or-dates of its treatment, storage, or disposal
1099
at the facility, as required by Appendix A to this Part. This information
1100
must be maintained in the operating record until closure of the facility;
1101
1102
2)
The location of each hazardous waste within the facility and the quantity
1103
at each location. For disposal facilities the location and quantity of each
1104
hazardous waste must be recorded on a map or diagram that showsof each
1105
cell or disposal area. For all facilities this information must include cross-
1106
references to specific manifest document numbers if the waste was
1107
accompanied by a manifest. This information must be maintained in the
1108
operating record until closure of the facility;
1109
1110
BOARD NOTE: See Sections 725.219, 725.379, and 725.409 for related
1111
requirements.
1112
1113
3)
Records and results of waste analysis, waste determinations, and trial tests
1114
performed, as specified in Sections 725.113, 725.300, 725.325, 725.352,
1115
725.373, 725.414, 725.441, 725.475, 725.502, 725.934, 725.963, and
1116
725.984 and 35 III. Adm. Code 728.104(a) and 728.107;
1117
1118
4)
Summary reports and details of all incidents that require implementing the
JCAR350725-0805429r01
1119
contingency plan, as specified in Section 725.156(j);
1120
1121
5)
Records and results of inspections as required by Section 725.115(d)
1122
(except these data need be kept only three years);
1123
1124
6)
Monitoring, testing, or analytical data, where required by Subpart F of this
1125
Part or Sections 725.119, 725.190, 725.194, 725.291, 725.293, 725.295,
1126
725.324,725.322, 725.323, 725.326, 725.355, 725.359, 725.360, 725.376,
1127
725.378, 725.380(d)(1), 725.40Z through 725.404, 725.447, 725.477,
1128
725.934(c) through (f), 725.935, 725.963(d) through (i), 725.964, and
1129
725.1083 through 725.990. Maintain in the operating record for three
1130
years, except for records and results pertaining to groundwater monitoring
1131
and cleanup, and response action plans for surface impoundments, waste
1132
piles, and landfills, which must be maintained in the operating record until
1133
closure of the facility;
1134
1135
BOARD NOTE: As required by Section 725.194, monitoring data at
1136
disposal facilities must be kept throughout the post-closure period.
1137
1138
7)
All closure cost estimates under Section 725.242 and, for disposal
1139
facilities, all post-closure cost estimates under Section 725.244 must be
1140
maintained in the operating record until closure of the facility;
1141
1142
8)
Records of the quantities (and date of placement) for each shipment of
1143
hazardous waste placed in land disposal units under an extension of the
1144
effective date of any land disposal restriction granted pursuant to 35 Ill.
1145
Adm. Code 728.105, a petition pursuant to 35 III. Adm. Code 728.106, or
1146
a certification under 35 Ill. Adm. Code 728.108 and the applicable notice
1147
required of a generator under 35 III. Adm. Code 728.107(a). All of this
1148
information must be maintained in the operating record until closure of the
1149
facility;
1150
1151
9)
For an off-site treatment facility, a copy of the notice and the certification
1152
and demonstration, if applicable, required of the generator or the owner or
1153
operator under 35 Ill. Adm. Code 728.107 or 728.108;
1154
1155
10)
For an on-site treatment facility, the information contained in the notice
1156
(except the manifest number) and the certification and demonstration, if
1157
applicable, required of the generator or the owner or operator under 35 Ill.
1158
Adm. Code 728.107 or 728.108;
1159
1160
11)
For an off-site land disposal facility, a copy of the notice and the
1161
certification and demonstration, if applicable, required of the generator or
JCAR350725-0805429r01
1162
the owner or operator of a treatment facility under 35 III. Adm. Code
1163
728.107 or 728.108;
1164
1165
12)
For an on-site land disposal facility, the information contained in the
1166
notice required of the generator or owner or operator of a treatment facility
1167
under 35 III. Adm. Code 728.107, except for the manifest number, and the
1168
certification and demonstration, if applicable, required under 35 Ill. Adm.
1169
Code 728.107 or 728.108;
1170
1171
13)
For an off-site storage facility, a copy of the notice and the certification
1172
and demonstration, if applicable, required of the generator or the owner or
1173
operator under 35 Ill. Adm. Code 728.107 or 728.108; and
1174
1175
14)
For an on-site storage facility, the information contained in the notice
1176
(except the manifest number) and the certification and demonstration, if
1177
applicable, required of the generator or the owner or operator under 35 Ill.
1178
Adm. Code 728.107 or 728.108.
1179
1180
th
Monitoring, testing or analytical data, and corrective action, where
1181
required by Sections 725.190 and 725.193(d)(2) and (d)(5), and the
1182
certification, as required by Section 725.196(f), must be maintained in the
1183
operating record until closure of the facility.
1184
1185
(Source: Amended at 32 Ill. Reg.
, effective
)
1186
1187
Section
725.176
Unmanifested Waste Report
1188
a)
The following requirements apply until September 5, 2005: If a facility accepts
for treatment, storage, or disposal any hazardous waste fr
as described in 35 111. Adm. Code 723.120(c)(2), and, if the waste is not excluded
from the manifest requirement by 35 III. Adm. Code 721.105, then the owner or
operator must prepare and submit a single copy of a report t the Agency within
submitted on USEPA form 8700 13B. Such report must be designated
The USEPA identification number, name, and address of the facility;
the transporter, if available;
1189
1190
1191
1192
1193
1194
1195
1196
1197
1198
1199
1200
1201
1202
1203
1204
JCAR350725-0805429r01
1205
1206
4)
A description and the quantity of qach unmanifested hazardous waste the
1207
facility received;
1208
1209
5)
The method of tr atment, storage, or disposal for ach hazardous waste;
1210
1211
6)
The certification signed by the owner or operator of the facility or its
1212
1213
1214 7-)
1215
1216
ab)
The following requirements apply effective September 5, 2005: If a facility
1217
accepts for treatment, storage, or disposal any hazardous waste from an off-site
1218
source without an accompanying manifest, or without an accompanying shipping
1219
paper, as described by 35 Ill. Adm. Code 723.120(e), and if the waste is not
1220
excluded from the manifest requirement by 35 III. Adm. Code 260 through 265,
1221
then the owner or operator must prepare and submit a letter to the Agency within
1222
15 days after receiving the waste. The unmanifested waste report must contain
1223
the following information:
1224
1225
1)
The USEPA identification number, name, and address of the facility;
1226
1227
2)
The date the facility received the waste;
1228
1229
3)
The USEPA identification number, name, and address of the generator and
1230
the transporter, if available;
1231
1232
4)
A description and the quantity of each unmanifested hazardous waste the
1233
facility received;
1234
1235
5)
The method of treatment, storage, or disposal for each hazardous waste;
1236
1237
6)
The certification signed by the owner or operator of the facility or its
1238
authorized representative; and
1239
1240
7)
A brief explanation of why the waste was unmanifested, if known.
1241
1242
bi
?
This subsection (b) corresponds with 40 CFR 265.76(b), which USEPA has
1243
marked "reserved." This statement maintains structural consistency with the
1244
corresponding federal regulations.
1245
1246
BOARD NOTE: Small quantities of hazardous waste are excluded from regulation under
1247
this Part and do not require a manifest. Where a facility received unmanifested
authorized representative; and
JCAR350725-0805429r01
1248
hazardous waste, USEPA has suggested that the owner or operator obtain from each
1249
generator a certification that the waste qualifies for exclusion. Otherwise, USEPA has
1250
suggested that the owner or operator file an unmanifested waste report for the hazardous
1251
waste movement.
1252
September 5, 2006. Subsection (b) is derived from 40 CFR 265.76 (2005), effective
1253
September 5, 2006.
1254
1255
(Source: Amended at 32 III. Reg.
, effective
1256
1257
SUBPART F: GROUNDWATER MONITORING
1258
1259
Section 725.190 Applicability
1260
1261
a)
The owner or operator of a surface impoundment, landfill, or land treatment
1262
facility that is used to manage hazardous waste must implement a groundwater
1263
monitoring program capable of determining the facility's impact on the quality of
1264
groundwater in the uppermost aquifer underlying the facility, except as Section
1265
725.101 and subsection (c) of this Section provide otherwise.
1266
1267
b)
Except as subsections (c) and (d) of this Section provide otherwise, the owner or
1268
operator must install, operate, and maintain a groundwater monitoring system that
1269
meets the requirements of Section 725.191 and must comply with Sections
1270
725.192 through 725.194. This groundwater monitoring program must be carried
1271
out during the active life of the facility and for disposal facilities during the post-
1272
closure care period as well.
1273
1274
c)
All or part of the groundwater monitoring requirements of this Subpart F may be
1275
waived if the owner or operator can demonstrate that there is a low potential for
1276
migration of hazardous waste or hazardous waste constituents from the facility via
1277
the uppermost aquifer to water supply wells (domestic, industrial, or agricultural)
1278
or to surface water. This demonstration must be in writing and must be kept at
1279
the facility. This demonstration must be certified by a qualified geologist or
1280
geotechnical engineer and must establish the following:
1281
1282
1)
The potential for migration of hazardous waste or hazardous waste
1283
constituents from the facility to the uppermost aquifer by an evaluation of
1284
the following information:
1285
1286
A)
A water balance of precipitation, evapotranspiration, runoff, and
1287
infiltration; and
1288
1289
B)
Unsaturated zone characteristics (i.e., geologic materials, physical
1290
properties, and depth to ground water); and
- - - :
I t •
JCAR350725-0805429r01
1291
1292
2)
The potential for hazardous waste or hazardous waste constituents that
1293
enter the uppermost aquifer to migrate to a water supply well or surface
1294
water by an evaluation of the following information:
1295
1296
A)
Saturated zone characteristics (i.e., geologic materials, physical
1297
properties, and rate of groundwater flow); and
1298
1299
B)
The proximity of the facility to water supply wells or surface
1300
water.
1301
1302
d)
If an owner or operator assumes (or knows) that groundwater monitoring of
1303
indicator parameters in accordance with Sections 725.191 and 725.192 would
1304
show statistically significant increases (or decreases in the case of pH) when
1305
evaluated pursuant to Section 725.193(b), it may install, operate, and maintain an
1306
alternate groundwater monitoring system (other than the one described in Sections
1307
725.191 and 725.192). If the owner or operator decides to use an alternate
1308
groundwater monitoring system it must have done as follows:
1309
1310
1)
TheBy November 19, 1981, the owner or operator must develophave
1311
cubmittcd to the USEPA Region 5 a specific plan, certified by a qualified
1312
geologist or geotechnical engineer, that satisfies the requirements of
1313
federal 40 CFR 265.93(d)(3) for an alternate groundwater monitoring
1314
system. This plan is to be placed in the facility's operating record and
1315
maintained until closure of the facility;
1316
1317
2)
TheBy November 19, 1981, the owner or operator must have initiated the
1318
determinations specified in federal 40 CFR 265.93(d)(4);
1319
1320
3)
The owner or operator must prepare
a written
1321
report in accordance with Section 725.193(d)(5) and place it in the
1322
facility's operating record and maintain until closure of the facility;
1323
1324
4)
The owner or operator must continue to make the determinations specified
1325
in Section 725.193(d)(4) on a quarterly basis until final closure of the
1326
facility; and
1327
1328
5)
The owner or operator must comply with the recordkeeping and reporting
1329
requirements in Section 725.194(b).
1330
1331
e)
The groundwater monitoring requirements of this Subpart F may be waived with
1332
respect to any surface impoundment of which the following is true:
1333
JCAR350725-0805429r01
1334
I)
The impoundment is used to neutralize wastes that are hazardous solely
1335
because they exhibit the corrosivity characteristic pursuant to 35 III. Adm.
1336
Code 721.122 or which are listed as hazardous wastes in Subpart D of 35
1337
111. Adm. Code 721 only for this reason; and
1338
1339
2)
The impoundment contains no other hazardous wastes, if the owner or
1340
operator can demonstrate that there is no potential for migration of
1341
hazardous wastes from the impoundment. The demonstration must
1342
establish, based upon consideration of the characteristics of the wastes and
1343
the impoundment, that the corrosive wastes will be neutralized to the
1344
extent that they no longer meet the corrosivity characteristic before they
1345
can migrate out of the impoundment. The demonstration must be in
1346
writing and must be certified by a qualified professional.
1347
1348
1)
A permit or enforceable document can contain alternative requirements for
1349
groundwater monitoring that replace all or part of the requirements of this Subpart
1350
F applicable to a regulated unit (as defined in 35 Ill. Adm. Code 724.190), as
1351
provided pursuant to 35 Ill. Adm. Code 703.161, where the Board has determined
1352
by an adjusted standard granted pursuant to Section 28.1 of the Act [415 ILCS
1353
5/28.1] and Subpart D of 35 III. Adm. Code 104 the following:
1354
1355
1)
The regulated unit is situated among solid waste management units (or
1356
areas of concern), a release has occurred, and both the regulated unit and
1357
one or more solid waste management units (or areas of concern) are likely
1358
to have contributed to the release; and
1359
1360
2)
It is not necessary to apply the groundwater monitoring requirements of
1361
this Subpart F because the alternative requirements will adequately protect
1362
human health and the environment. The alternative standards for the
1363
regulated unit must meet the requirements of 35 III. Adm. Code
1364
724.201(a).
1365
1366
(Source: Amended at 32 III. Reg.
, effective
)
1367
1368
Section
725.193
Preparation, Evaluation and Response
1369
1370
a)
By no later than November 19, 1981, the owner or operator must have prepared
1371
an outline of a groundwater quality assessment program. The outline must
1372
describe a more comprehensive groundwater monitoring program (than that
1373
described in Sections 725.191 and 725.192) capable of determining each of the
1374
following:
1375
1376
1)
Whether hazardous waste or hazardous waste constituents have entered
JCAR350725-0805429r01
1377
the groundwater;
1378
1379
2)
The rate and extent of migration of hazardous waste or hazardous waste
1380
constituents in the groundwater; and
1381
1382
3)
The concentrations of hazardous waste or hazardous waste constituents in
1383
the groundwater.
1384
1385
b)
For each indicator parameter specified in Section 725.192(6)(3), the owner or
1386
operator must calculate the arithmetic mean and variance, based on at least four
1387
replicate measurements on each sample, for each well monitored in accordance
1388
with Section 725.192(d)(2) and compare these results with its initial background
1389
arithmetic mean. The comparison must consider individually each of the wells in
1390
the monitoring system and must use the Student's t-test at the 0.01 level of
1391
significance (see Appendix D) to determine statistically significant increases (and
1392
decreases, in the case of pH) over initial background.
1393
1394
c)
Well comparisons.
1395
1396
1)
If the comparisons for the upgradient wells made under subsection (b) of
1397
this Section show a significant increase (or pH decrease) the owner or
1398
operator must submit this information in accordance with Section
1399
725.194(a)(2)(B).
1400
1401
2)
If the comparisons for downgradient wells made under subsection (b) of
1402
this Section show a significant increase (or pH decrease) the owner or
1403
operator must then immediately obtain additional groundwater samples for
1404
those downgradient wells where a significant difference was detected, split
1405
the samples in two and obtain analyses of all additional samples to
1406
determine whether the significant difference was a result of laboratory
1407
error.
1408
1409
d)
Notice to the Agency.
1410
1411
1)
If the analyses performed under subsection (c)(2) of this Section confirm
1412
the significant increase (or pH decrease) the owner or operator must
1413
provide written notice to the Agency — within seven days after the date of
1414
such confirmation — that the facility may be affecting groundwater quality.
1415
1416
2)
Within 15 days after the notification under subsection (d)(1) of this
1417
Section, the owner or operator must develop and submit to the Agency a
1418
specific plan,
based on the outline required under subsection (a) of this
1419
?
Section and certified by a qualified geologist or geotechnical engineer for
JCAR350725-0805429r01
1420
a groundwater quality assessment program at the facility. This plan must
1421
be placed in the facility operating record and be maintained until closure
1422
of the facility.
1423
1424
3)
The plan to be submitted under Section 725.190(d)(1) or subsection (d)(2)
1425
of this Section must specify all of the following:
1426
1427
A)
The number, location, and depth of wells;
1428
1429
B)
Sampling and analytical methods for those hazardous wastes or
1430
hazardous waste constituents in the facility;
1431
1432
C)
Evaluation procedures, including any use of previously gathered
1433
groundwater quality information; and
1434
1435
D)
A schedule of implementation.
1436
1437
4)
The owner or operator must implement the groundwater quality
1438
assessment plan that satisfies the requirements of subsection (d)(3) of this
1439
Section and, at a minimum, determine each of the following:
1440
1441
A)
The rate and extent of migration of the hazardous waste or
1442
hazardous waste constituents in the groundwater; and
1443
1444
B)
The concentrations of the hazardous waste or hazardous waste
1445
constituents in the groundwater.
1446
1447
5)
The owner or operator must make his first determination under subsection
1448
(d)(4) of this Section, as soon as technically feasible-and, and prepare
1449
awithin 15 days after that determination, submit to the Agency a written
1450
report containing an assessment of the groundwater quality. This report
1451
must be placed in the facility operating record and be maintained until
1452
closure of the facility.
1453
1454
6)
If the owner or operator determines, based on the results of the first
1455
determination under subsection (d)(4) of this Section, that no hazardous
1456
waste or hazardous waste constituents from the facility have entered the
1457
groundwater, then he may reinstate the indicator evaluation program
1458
described in Section 725.192 and subsection (b) of this Section. If the
1459
owner or operator reinstates the indicator evaluation program, he must so
1460
notify the Agency in the report submitted under subsection (d)(5) of this
1461
Section.
1462
JCAR350725-0805429r01
1463
7)
If the owner or operator determines, based on the first determination under
1464
subsection (d)(4) of this Section, that hazardous waste or hazardous waste
1465
constituents from the facility have entered the groundwater, then the
1466
owner or operator must do either of the following:
1467
1468
A)
It must continue to make the determinations required under
1469
subsection (d)(4) of this Section on a quarterly basis until final
1470
closure of the facility if the groundwater quality assessment plan
1471
was implemented prior to final closure of the facility; or
1472
1473
B)
It may cease to make the determinations required under subsection
1474
(d)(4) of this Section if the groundwater quality assessment plan
1475
was implemented during the post-closure care period.
1476
1477
e)
Notwithstanding any other provision of this Subpart F, any groundwater quality
1478
assessment to satisfy the requirements of subsection (d)(4) of this Section that is
1479
initiated prior to final closure of the facility must be completed and reported in
1480
accordance with subsection (d)(5) of this Section.
1481
1482
Unless the groundwater is monitored to satisfy the requirements of subsection
1483
(d)(4) of this Section at least annually the owner or operator must evaluate the
1484
data on groundwater surface elevations obtained under Section 725.192(e) to
1485
determine whether the requirements under Section 725.191(a) for locating the
1486
monitoring wells continues to be satisfied. If the evaluation shows that Section
1487
725.191(a) is no longer satisfied, the owner or operator must immediately modify
1488
the number, location or depth of the monitoring wells to bring the groundwater
1489
monitoring system into compliance with this requirement.
1490
1491
(Source: Amended at 32 III. Reg.
, effective
1492
1493
SUBPART G: CLOSURE AND POST-CLOSURE CARE
1494
1495
Section 725.212 Closure Plan; Amendment of Plan
1496
1497
a)
Written plan. Within six months after the effective date of the rule that first
1498
subjects a facility to provisions of this Section, the owner or operator of a
1499
hazardous waste management facility must have a written closure plan. Until
1500
final closure is completed and certified in accordance with Section 725.215, a
1501
copy of the most current plan must be furnished to the Agency upon request
1502
including request by mail. In addition, for facilities without approved plans, it
1503
must also be provided during site inspections on the day of inspection to any
1504
officer, employee, or representative of the Agency.
1505
JCAR350725-0805429r01
1506
b)
Content of plan. The plan must identify the steps necessary to perform partial or
1507
final closure of the facility at any point during its active life. The closure plan
1508
must include the following minimal information:
1509
1510
1)
A description of how each hazardous waste management unit at the
1511
facility will be closed in accordance with Section 725.211;
1512
1513
2)
A description of how final closure of the facility will be conducted in
1514
accordance with Section 725.211. The description must identify the
1515
maximum extent of the operation that will be unclosed during the active
1516
life of the facility;
1517
1518
3)
An estimate of the maximum inventory of hazardous wastes ever on-site
1519
over the active life of the facility and a detailed description of the methods
1520
to be used during partial and final closure, including, but not limited to
1521
methods for removing, transporting, treating, storing, or disposing of all
1522
hazardous waste, and identification of and the types of off-site hazardous
1523
waste management units to be used, if applicable;
1524
1525
4)
A detailed description of the steps needed to remove or decontaminate all
1526
hazardous waste residues and contaminated containment system
1527
components, equipment, structures, and soils during partial and final
1528
closure including, but not limited to, procedures for cleaning equipment
1529
and removing contaminated soils, methods for sampling and testing
1530
surrounding soils, and criteria for determining the extent of
1531
decontamination necessary to satisfy the closure performance standard;
1532
1533
5)
A detailed description of other activities necessary during the partial and
1534
final closure periodsperied to ensure that all partial closures and final
1535
closure satisfy the closure performance standards, including, but not
1536
limited to, groundwater monitoring, leachate collection, and runon and
1537
runoff control;
1538
1539
6)
A schedule for closure of each hazardous waste management unit and for
1540
final closure of the facility. The schedule must include, at a minimum, the
1541
total time required to close each hazardous waste management unit and the
1542
time required for intervening closure activities that will allow tracking of
1543
the progress of partial and final closure. (For example, in the case of a
1544
landfill unit, estimates of the time required to treat or dispose of all
1545
hazardous waste inventory and of the time required to place a final cover
1546
must be included.);
1547
1548
7)
An estimate of the expected year of final closure for facilities that use trust
JCAR350725-0805429r01
1549
funds to demonstrate financial assurance under Section 725.243 or
1550
725.245 and whose remaining operating life is less than twenty years, and
1551
for facilities without approved closure plans; and
1552
1553
8)
For a facility where alternative requirements are established at a regulated
1554
unit under Section 725.190(f), 725.210(d), or 725.240(d), as provided
1555
under 35 III. Adm. Code 703.161, either the alternative requirements
1556
applying to the regulated unit or a reference to the enforceable document
1557
containing those alternative requirements.
1558
1559
c)
Amendment of plan. The owner or operator may amend the closure plan at any
1560
time prior to the notification of partial or final closure of the facility. An owner or
1561
operator with an approved closure plan must submit a written request to the
1562
Agency to authorize a change to the approved closure plan. The written request
1563
must include a copy of the amended closure plan for approval by the Agency.
1564
1565
1)
The owner or operator must amend the closure plan whenever any of the
1566
following occurs:
1567
1568
A)
Changes in the operating plans or facility design affect the closure
1569
plan;
1570
1571
B)
Whenever there is a change in the expected year of closure, if
1572
applicable;
1573
1574
C)
In conducting partial or final closure activities, unexpected events
1575
require a modification of the closure plan; or
1576
1577
D)
The owner or operator requests the establishment of alternative
1578
requirements, as provided under 35 Ill. Adm. Code 703.161, to a
1579
regulated unit under Section 725.190(f), 725.210(c), or 725.240(d).
1580
1581
2)
The owner or operator must amend the closure plan at least 60 days prior
1582
to the proposed change in facility design or operation, or no later than 60
1583
days after an unexpected event has occurred that has affected the closure
1584
plan. If an unexpected event occurs during the partial or final closure
1585
period, the owner or operator must amend the closure plan no later than 30
1586
days after the unexpected event. These provisions also apply to owners or
1587
operators of surface impoundments and waste piles that intended to
1588
remove all hazardous wastes at closure, but are required to close as
1589
landfills in accordance with Section 725.410.
1590
1591
3)
An owner or operator with an approved closure plan must submit the
JCAR350725-0805429r01
1592?
modified plan to the Agency at least 60 days prior to the proposed change
1593
?
in facility design or operation, or no more than 60 days after an
1594
?
unexpected event has occurred that has affected the closure plan. If an
1595?
unexpected event has occurred during the partial or final closure period,
1596
?
the owner or operator must submit the modified plan no more than 30 days
1597
?
after the unexpected event. These provisions also apply to owners or
1598
?
operators of surface impoundments and waste piles that intended to
1599?
remove all hazardous wastes at closure but are required to close as
1600?
landfills in accordance with Section 725.410. If the amendment to the
1601?
plan is a Class 2 or 3 modification according to the criteria in 35 Ill. Adm.
1602
?
Code 703.280, the modification to the plan must be approved according to
1603
?
the procedures in subsection (d)(4) of this Section.
1604
1605
?
4)?
The Agency may request modifications to the plan under the conditions
1606
?
described in subsection (c)(1) of this Section. An owner or operator with
1607
?
an approved closure plan must submit the modified plan within 60 days
1608
?
after the request from the Agency, or within 30 days if the unexpected
1609?
event occurs during partial or final closure. If the amendment is
1610
?
considered a Class 2 or 3 modification according to the criteria in 35 III.
1611?
Adm. Code 703.280, the modification to the plan must be approved in
1612?
accordance with the procedures in subsection (d)(4) of this Section.
1613
1614?d)?
Notification of partial closure and final closure.
1615
1616?
1)?
When notice is required.
1617
1618?
A)?
The owner or operator must submit the closure plan to the Agency
1619?
at least 180 days prior to the date on which the owner or operator
1620?
expects to begin closure of the first surface impoundment, waste
1621
?
pile, land treatment, or landfill unit, or final closure if it involves
1622?
such a unit, whichever is earlier.
1623
1624
?
B)?
The owner or operator must submit the closure plan to the Agency
1625
?
at least 45 days prior to the date on which the owner or operator
1626?
expects to begin partial or final closure of a boiler or industrial
1627?
furnace.
1628
1629?
C)
?
The owner or operator must submit the closure plan to the Agency
1630?
at least 45 days prior to the date on which the owner or operator
1631?
expects to begin final closure of a facility with only tanks,
1632?
container storage, or incinerator units.
1633
1634
?
D)?
An owner or operator with an approved closure plan must notify
JCAR350725-0805429r01
1635?
the Agency in writing at least 60 days prior to the date on which
1636?
the owner or operator expects to begin closure of a surface
1637?
impoundment, waste pile, landfill, or land treatment unit, or final
1638?
closure of a facility involving such a unit.
1639
1640?
E)?
An owner or operator with an approved closure plan must notify
1641
?
the Agency in writing at least 45 days prior to the date on which
1642?
the owner or operator expects to begin partial or final closure of a
1643?
boiler or industrial furnace.
1644
1645
?
F)?
An owner or operator with an approved closure plan must notify
1646
?
the Agency in writing at least 45 days prior to the date on which
1647?
the owner or operator expects to begin final closure of a facility
1648?
with only tanks, container storage, or incinerator units.
1649
1650?
2)
?
The date when the owner or operator "expects to begin closure" must be
1651?
either of the following dates:
1652
1653?
A)?
Within 30 days after the date on which any hazardous waste
1654
?
management unit receives the known final volume of hazardous
1655?
wastes or, if there is a reasonable possibility that the hazardous
1656
?
waste management unit will receive additional hazardous wastes,
1657?
no later than one year after the date on which the unit received the
1658?
most recent volume of hazardous waste. If the owner or operator of
1659?
a hazardous waste management unit demonstrates to the Agency
1660
?
that the hazardous waste management unit or facility has the
1661
?
capacity to receive additional hazardous wastes and that the owner
1662
?
or operator has taken and will continue to take, all steps to prevent
1663?
threats to human health and the environment, including compliance
1664?
with all interim status requirements, the Agency must approve an
1665
?
extension to this one-year limit; or
1666
1667
?
B)?
For units meeting the requirements of Section 725.213(d), no later
1668
?
than 30 days after the date on which the hazardous waste
1669?
management unit receives the known final volume of non-
1670
?
hazardous wastes or, if there is a reasonable possibility that the
1671?
hazardous waste management unit will receive additional non-
1672
?
hazardous wastes, no later than one year after the date on which
1673?
the unit received the most recent volume of non-hazardous wastes.
1674?
If the owner or operator demonstrates to the Agency that the
1675?
hazardous waste management unit has the capacity to receive
1676?
additional non-hazardous wastes and that the owner and operator
1677?
have taken, and will continue to take, all steps to prevent threats to
JCAR350725-0805429r01
1678
human health and the environment, including compliance with all
1679
applicable interim status requirements, the Agency must approve
1680
an extension to this one-year limit.
1681
1682
3)
The owner or operator must submit the closure plan to the Agency no later
1683
than 15 days after occurrence of either of the following events:
1684
1685
A)
Termination of interim status (except when a permit is issued to
1686
the facility simultaneously with termination of interim status); or
1687
1688
B)
Issuance of a judicial decree or Board order to cease receiving
1689
hazardous wastes or to close the facility or unit.
1690
1691
4)
The Agency must provide the owner or operator and the public, through a
1692
newspaper notice, the opportunity to submit written comments on the plan
1693
and request modifications of the plan no later than 30 days from the date
1694
of the notice. The Agency must also, in response to a request or at its own
1695
discretion, hold a public hearing whenever such a hearing might clarify
1696
one or more issues concerning a closure plan. The Agency must give
1697
public notice of the hearing at least 30 days before it occurs. (Public
1698
notice of the hearing may be given at the same time as notice of the
1699
opportunity for the public to submit written comments and the two notices
1700
may be combined.) The Agency must approve, modify, or disapprove the
1701
plan within 90 days after its receipt. If the Agency does not approve the
1702
plan, the Agency must provide the owner or operator with a detailed
1703
written statement of reasons for the refusal, and the owner or operator
1704
must modify the plan or submit a new plan for approval within 30 days
1705
after receiving such written statement. The Agency must approve or
1706
modify this plan in writing within 60 days. If the Agency modifies the
1707
plan, this modified plan becomes the approved closure plan. The Agency
1708
must assure that the approved plan is consistent with Sections 725.211
1709
through 725.215 and the applicable requirements of Sections 725.190 et
1710
seq., 725.297, 725.328, 725.358, 725.380, 725.410, 725.451, 725.481,
1711
725.504, and 725.1102724.1102. A copy of this modified plan with a
1712
detailed statement of reasons for the modifications must be mailed to the
1713
owner or operator.
1714
1715
e)
Removal of wastes and decontamination or dismantling of equipment. Nothing in
1716
this Section precludes the owner or operator from removing hazardous wastes and
1717
decontaminating or dismantling equipment in accordance with the approved
1718
partial or final closure plan at any time before or after notification of partial or
1719
final closure.
1720
JCAR350725-0805429r01
1721
(Source: Amended at 32 III. Reg.
, effective
)
1722
1723
Section 725.213 Closure; Time Allowed for Closure
1724
1725
a)
Within 90 days after receiving the final volume of hazardous wastes, or the final
1726
volume of non-hazardous wastes, if the owner or operator complies with all the
1727
applicable requirements of subsections (d) and (e) of this Section at a hazardous
1728
waste management unit or facility, or 90 days after approval of the closure plan,
1729
whichever is later, the owner or operator must treat, remove from the unit or
1730
facility, or dispose of on-site all hazardous wastes in accordance with the
1731
approved closure plan. The Agency must approve a longer period if the owner or
1732
operator demonstrates the following:
1733
1734
1)
The need to remain in operation by showing either of the following
1735
conditions exists:
1736
1737
A)
The activities required to comply with this subsection (a) will, of
1738
necessity, take longer than 90 days to complete; or
1739
1740
B)
All of the following conditions are true:
1741
1742
i)
The hazardous waste management unit or facility has the
1743
capacity to receive additional hazardous wastes, or has the
1744
capacity to receive non-hazardous wastes, if the owner or
1745
operator complies with subsections (d) and (e) of this
1746
Section;
1747
1748
There is a reasonable likelihood that the owner or operator,
1749
or another person will recommence operation of the
1750
hazardous waste management unit or facility within one
1751
year; and
1752
1753
iii)
Closure of the hazardous waste management unit or facility
1754
would be incompatible with continued operation of the site;
1755
and
1756
1757
2)
The owner or operator has taken and will continue to take all steps to
1758
prevent threats to human health and the environment including compliance
1759
with all applicable interim status requirements.
1760
1761
b)
The owner or operator must complete partial and final closure activities in
1762
accordance with the approved closure plan and within 180 days after receiving the
1763
final volume of hazardous wastes, or the final volume of non-hazardous wastes, if
JCAR350725-0805429r01
1764
the owner or operator complies with all applicable requirements of subsections (d)
1765
and (e) of this Section at the hazardous waste management unit or facility, or 180
1766
days after approval of the closure plan, if that is later. The Agency must approve
1767
an extension to the closure period if the owner or operator demonstrates the
1768
following:
1769
1770
1)
The need to remain in operation by showing either of the following
1771
conditions exists:
1772
1773
A)
The partial or final closure activities will, of necessity, take longer
1774
than 180 days to complete; or
1775
1776
B)
All of the following conditions are true:
1777
1778
i)
The hazardous waste management unit or facility has the
1779
capacity to receive additional hazardous wastes, or the final
1780
volume of non-hazardous wastes, if the owner or operator
1781
complies with all the applicable requirements of
1782
subsections (d) and (e) of this Section; and
1783
1784
There is a reasonable likelihood that the owner or operator
1785
or another person will recommence operation of the
1786
hazardous waste management unit or facility within one
1787
year; and
1788
1789
iii)
Closure of the hazardous waste management unit or facility
1790
would be incompatible with continued operation of the site;
1791
and
1792
1793
2)
The owner or operator has taken and will continue to take all steps to
1794
prevent threats to human health and the environment from the unclosed
1795
but not operating hazardous waste management unit or facility, including
1796
compliance with all applicable interim status requirements.
1797
1798
The demonstration referred to in subsections (a)(1) and (b)(1) of this Section must
1799
be made as follows:
1800
1801
1)
The demonstration in subsection (a)(1) of this Section must be made at
1802
least 30 days prior to the expiration of the 90-day period in subsection (a)
1803
of this Section; and
1804
1805
2)
The demonstrations in subsection (b)(1) of this Section must be made at
1806
least 30 days prior to the expiration of the 180-day period in subsection (b)
JCAR350725-0805429r01
1807
of this Section, unless the owner or operator is otherwise subject to
1808
deadlines in subsection (d) of this Section.
1809
1810
d)
Continued receipt of non-hazardous waste. The Agency must permit an owner or
1811
operator to receive non-hazardous wastes in a landfill, land treatment unit or
1812
surface impoundment unit after the final receipt of hazardous wastes at that unit if
1813
the following are true:
1814
1815
1)
The owner or operator submits an amended Part B application, or a new
1816
Part B application if none was previously submitted, and demonstrates the
1817
following:
1818
1819
A)
The unit has the existing design capacity as indicated on the Part A
1820
application to receive non-hazardous wastes;
1821
1822
B)
There is a reasonable likelihood that the owner or operator or
1823
another person will receive non-hazardous waste in the unit within
1824
one year after the final receipt of hazardous wastes;
1825
1826
C)
The non-hazardous wastes will not be incompatible with any
1827
remaining wastes in the unit, or with the facility design and
1828
operating requirements of the unit or facility pursuant to this Part;
1829
1830
D)
Closure of the hazardous waste management unit would be
1831
incompatible with continued operation of the unit or facility; and
1832
1833
E)
The owner or operator is operating and will continue to operate in
1834
compliance with all applicable interim status requirements;
1835
1836
2)
The Part B application includes an amended waste analysis plan,
1837
groundwater monitoring and response program, human exposure
1838
assessment required pursuant to 35 111. Adm. Code 703.186, closure and
1839
post-closure care plans, updated cost estimates, and demonstrations of
1840
financial assurance for closure and post-closure care, as necessary and
1841
appropriate, to reflect any changes due to the presence of hazardous
1842
constituents in the non-hazardous wastes and changes in closure activities,
1843
including the expected year of closure, if applicable pursuant to Section
1844
725.212(b)(7), as a result of the receipt of non-hazardous wastes following
1845
the final receipt of hazardous wastes;
1846
1847
3)
The Part B application is amended, as necessary and appropriate, to
1848
account
for the receipt of non-hazardous wastes following receipt of the
1849
final volume of hazardous wastes; and
JCAR350725-0805429r01
1850
1851
4)
The Part B application and the demonstrations referred to in subsections
1852
(d)(1) and (d)(2) of this Section are submitted to the Agency no later than
1853
180 days prior to the date on which the owner or operator of the facility
1854
receives the known final volume of hazardous wastes or no later than 90
1855
days after this Section applies to the facility, whichever is later.
1856
1857
e)
Surface impoundments. In addition to the requirements in subsection (d) of this
1858
Section, an owner or operator of a hazardous waste surface impoundment that is
1859
not in compliance with the liner and leachate collection system requirements in
1860
Section 725.321(a) must receive non-hazardous wastes only as authorized by an
1861
adjusted standard pursuant to this subsection (e).
1862
1863
1)
The petition for adjusted standard must include the following:
1864
1865
A)
A plan for removing hazardous wastes; and
1866
1867
B)
A contingent corrective measures plan.
1868
1869
2)
The removal plan must provide for the following:
1870
1871
A)
Removing all hazardous liquids;
1872
1873
B)
Removing all hazardous sludges to the extent practicable without
1874
impairing the integrity of the liner or liners, if any; and
1875
1876
C)
Removal of hazardous wastes no later than 90 days after the final
1877
receipt of hazardous wastes. The Board will allow a longer time, if
1878
the owner or operator demonstrates the following:
1879
1880
i)
That the removal of hazardous wastes will, of necessity,
1881
take longer than the allotted period to complete; and
1882
1883
That an extension will not pose a threat to human health
1884
and the environment.
1885
1886
3)
The following is required of contingent corrective measures plan:
1887
1888
A)
It must meet the requirements of a corrective action plan pursuant
1889
to Section 724.199, based upon the assumption that a release has
1890
been detected from the unit.
1891
1892
B)
It may be a portion of a corrective action plan previously submitted
JCAR350725-0805429r01
1893
pursuant to Section 724.199.
1894
1895
C)
It may provide for continued receipt of non-hazardous wastes at
1896
the unit following a release only if the owner or operator
1897
demonstrates that continued receipt of wastes will not impede
1898
corrective action.
1899
1900
D)
It must provide for implementation within one year after a release,
1901
or within one year after the grant of the adjusted standard,
1902
whichever is later.
1903
1904
4)
Release. A release is a statistically significant increase (or decrease in the
1905
case of pH) in hazardous constituents over background levels, detected in
1906
accordance with the requirements in Subpart F of this Part.
1907
1908
5)
In the event of a release, the owner or operator of the unit must perform
1909
the following actions:
1910
1911
A)
Within 35 days, the owner or operator must file with the Board a
1912
petition for adjusted standard pursuant to Section 28.1 of the Act
1913
[415 ILCS 5/28.1] and Subpart D of 35 Ill. Adm. Code 104. If the
1914
Board finds that it is necessary to do so in order to adequately
1915
protect human health and the environment, the Board will modify
1916
the adjusted standard to require the owner or operator to perform
1917
either of the following actions:
1918
1919
i)
Begin to implement the corrective measures plan in less
1920
than one year; or
1921
1922
Cease the receipt of wastes until the plan has been
1923
implemented.
1924
1925
iii)
The Board will retain jurisdiction or condition the adjusted
1926
standard so as to require the filing of a new petition to
1927
address any required closure pursuant to subsection (e)(7)
1928
of this Section;
1929
1930
B)
The owner or operator must implement the contingent corrective
1931
measures plan; and
1932
1933
C)
The owner
or operator may continue
to
receive wastes at the unit if
1934
authorized by the approved contingent measures plan.
1935
JCAR350725-0805429r01
1936
6)
AnnualSemi annual report. During the period of corrective action, the
1937
owner or operator must provide annualscmi annual reports to the Agency
1938
that fulfill the following requirements:
1939
1940
A)
They must describe the progress of the corrective action program;
1941
1942
B)
They must compile all groundwater monitoring data; and
1943
1944
C)
They must evaluate the effect of the continued receipt of non-
1945
hazardous wastes on the effectiveness of the corrective action.
1946
1947
7)
Required closure. The owner or operator must commence closure of the
1948
unit in accordance with the closure plan and the requirements of this Part
1949
if the Board terminates the adjusted standard, or if the adjusted standard
1950
terminates pursuant to its terms.
1951
1952
A)
The Board will terminate the adjusted standard if the owner or
1953
operator failed to implement corrective action measures in
1954
accordance with the approved contingent corrective measures plan.
1955
1956
B)
The Board will terminate the adjusted standard if the owner or
1957
operator fails to make substantial progress in implementing the
1958
corrective measures plan and achieving the facility's groundwater
1959
protection standard, or background levels if the facility has not yet
1960
established a groundwater protection standard.
1961
1962
C)
The adjusted standard will automatically terminate if the owner or
1963
operator fails to implement the removal plan.
1964
1965
D)
The adjusted standard will automatically terminate if the owner or
1966
operator fails to timely file a required petition for adjusted
1967
standard.
1968
1969
8)
Adjusted standard procedures. The following procedures must be used in
1970
granting, modifying or terminating an adjusted standard pursuant to this
1971
subsection.
1972
1973
A)
Except as otherwise provided, the owner or operator must follow
1974
the procedures of Section 28.1 of the Act [415 ILCS 5/28.1] and
1975
Subpart D of 35 Ill. Adm. Code 104 to petition the Board for an
1976
adjusted standard.
1977
1978
B)
Initial justification. The Board will grant an adjusted standard,
JCAR350725-0805429r01
1979
pursuant to subsection (e)(1) of this Section, if the owner or
1980
operator demonstrates that the removal plan and contingent
1981
corrective measures plans meet the requirements of subsections
1982
(e)(2) and (e)(3) of this Section.
1983
1984
C)
The Board will include the following conditions in granting an
1985
adjusted standard pursuant to subsection (e)(1) of this Section:
1986
1987
i)
A plan for removing hazardous wastes;
1988
1989
ii)
A requirement that the owner or operator remove hazardous
1990
wastes in accordance with the plan;
1991
1992
iii)
A contingent corrective measures plan;
1993
1994
iv)
A requirement that, in the event of a release, the owner or
1995
operator must, within 35 days, file with the Board a petition
1996
for adjusted standard, implement the corrective measures
1997
plan, and file semi-annual reports with the Agency;
1998
1999
v)
A condition that the adjusted standard will terminate if the
2000
owner or operator fails to implement the removal plan or
2001
timely file a required petition for adjusted standard; and
2002
2003
A requirement that, in the event the adjusted standard is
2004
terminated, the owner or operator must commence closure
2005
of the unit in accordance with the requirements of the
2006
closure plan and this Part.
2007
2008
D)
Justification in the event of a release. The Board will modify or
2009
terminate the adjusted standard pursuant to a petition filed pursuant
2010
to subsection (e)(5)(A) of this Section, as provided in that
2011
subsection or in subsection (e)(7) of this Section.
2012
2013
9)
The owner or operator may file a revised closure plan within 15 days after
2014
an adjusted standard is terminated.
2015
2016
(Source: Amended at 32 Ill. Reg.
, effective
)
2017
2018
Section 725.215 Certification of Closure
2019
2020 Within 60 days after completion of closure of each hazardous waste surface impoundment, waste
2021
pile, land treatment, and landfill unit, and within 60 days after completion of final closure, the
JCAR350725-0805429r01
2022
owner or operator must submit to the Agency, by registered mail, a certification that the
2023
hazardous waste management unit or facility, as applicable, has been closed in accordance with
2024
the specifications in the approved closure plan. The certification must be signed by the owner or
2025
operator and by a qualified Professional Engineeran independent registered professional
2026
engineer. Documentation supporting the Professional Engineer'sindependent registered
2027
professional engineer's certification must be furnished to the Agency upon request until the
2028
Agency releases the owner or operator from the financial assurance requirements for closure
2029
under Section 725.243(h).
2030
2031
(Source: Amended at 32 III. Reg.
, effective )
2032
2033
Section 725.220
Certification of Completion of Post-Closure Care
2034
2035
No later than 60 days after the completion of the established post-closure care period for each
2036
hazardous waste disposal unit, the owner or operator must submit to the Agency, by registered
2037
mail, a certification that the post-closure care period for the hazardous waste disposal unit was
2038
performed in accordance with the specifications in the approved post-closure plan. The
2039
certification must be signed by the owner or operator and a qualified Professional Engineeran
2040 independent registered professional engineer. Documentation supporting the Professional
2041
Engineer'sindcpendcnt registered professional engineer
i
o certification must be furnished to the
2042 Agency upon request until the Agency releases the owner or operator from the financial
2043
assurance requirements for post-closure care under Section 725.245(h).
2044
2045 (Source: Amended at 32 Ill. Reg.
, effective )
2046
2047
SUBPART H: FINANCIAL REQUIREMENTS
2048
2049
Section 725.240 Applicability
2050
2051
a)
The requirements of Sections 725.242, 725.243, and 725.247 through 725.250
2052
apply to owners and operators of all hazardous waste facilities, except as provided
2053
otherwise in this Section or in Section 725.101.
2054
2055
b)
The requirements of Sections 725.244 and 725 245725.216 apply only to owners
2056
and operators of any of the following:
2057
2058
1)
Disposal facilities;
2059
2060
2)
Tank systems that are required pursuant to Section 725.297 to meet the
2061
requirements for landfills; or
2062
2063
3)
Containment buildings that are required pursuant to Section 725.1102 to
2064
meet the requirements for landfills.
JCAR350725-0805429r01
2065
2066
c)
States and the federal government are exempt from the requirements of this
2067
Subpart H.
2068
2069
d)
A permit or enforceable document can contain alternative requirements that
2070
replace all or part of the financial assurance requirements of this Subpart H
2071
applying to a regulated unit, as provided in 35 Ill. Adm. Code 703.161, where the
2072
Board or Agency has done the following:
2073
2074
1)
The Board, by an adjusted standard granted pursuant to Section 28.1 of the
2075
Act [415 ILCS 5/28.1] and Subpart D of 35 Ill. Adm. Code 104, has
2076
established alternative requirements for the regulated unit established
2077
pursuant to Section 725.190(0 or Section 724.210(d); and
2078
2079
2)
The Board has determined that it is not necessary to apply the financial
2080
assurance requirements of this Subpart H because the alternative financial
2081
assurance requirements will adequately protect human health and the
2082
environment.
2083
2084
(Source: Amended at 32 Ill. Reg.
, effective
)
2085
2086
Section 725.242 Cost Estimate for Closure
2087
2088
a)
The owner or operator must have a detailed written estimate, in current dollars, of
2089
the cost of closing the facility in accordance with the requirements in Sections
2090
725.211 through 725.215 and applicable closure requirements of Sections
2091
725.278, 725.297, 725.328, 725.358, 725.380, 725.410, 725.451, 725.481,
2092
725.504, and 725.1102.
2093
2094
1)
The estimate must equal the cost of final closure at the point in the
2095
facility's active life when the extent and manner of its operation would
2096
make closure the most expensive, as indicated by its closure plan (see
2097
Section 725.212(b)); and
2098
2099
2)
The closure cost estimate must be based on the costs to the owner or
2100
operator of hiring a third party to close the facility. A third party is a party
2101
that is neither a parent nor a subsidiary of the owner or operator. (See
2102
definition of "parent corporation" in Section 725.241(d).) The owner or
2103
operator may use costs for on-site disposal if the owner or operator
2104
demonstrates that on-site disposal capacity will exist at all times over the
2105
life of the facility.
2106
2107
3)
The closure cost estimate must not incorporate any salvage value that may
JCAR350725-0805429r01
2108
be realized by the sale of hazardous wastes, or non-hazardous wastes if
2109
applicable under Section 725.213(d), facility structures or equipment, land
2110
or other facility assets at the time of partial or final closure.
2111
2112
4)
The owner or operator must not incorporate a zero cost for hazardous
2113
waste, or non-hazardous waste if applicable under Section 725.213(d), that
2114
may have economic value.
2115
2116
b)
During the active life of the facility, the owner or operator must adjust the closure
2117
cost estimate for inflation within 60 days prior to the anniversary date of the
2118
establishment of the financial instruments used to comply with Section 725.243.
2119
For an owner or operator using the financial test or corporate guarantee, the
2120
closure cost estimate must be updated for inflation within 30 days after the close
2121
of the firm's fiscal year and before submission of updated information to the
2122
Agency, as specified in Section 725.243(e)(5). The adjustment may be made by
2123
recalculating the closure cost estimate in current dollars, or by using an inflation
2124
factor derived from the most recent annual Implicit Price Deflator for Gross
2125
National Product, as published by the U.S. Department of Commerce in its
2126
Survey of Current Business as specified in subsections (b)(1) and (b)(2) of this
2127
Section. The inflation factor is the result of dividing the latest published annual
2128
Deflator by the Deflator for the previous year.
2129
2130
1)
The first adjustment is made by multiplying the closure cost estimate by
2131
the inflation factor. The result is the adjusted closure cost estimate.
2132
2133
2)
Subsequent adjustments are made by multiplying the latest adjusted
2134
closure cost estimate by the latest inflation factor.
2135
2136
c)
During the active life of the facility, the owner or operator must revise the closure
2137
cost estimate no later than 30 days after a revision has been made to the closure
2138
plan that increases the cost of closure. If the owner or operator has an approved
2139
closure plan, the closure cost estimate must be revised no later than 30 days after
2140
the Agency has approved the request to modify the closure plan if the change in
2141
the closure plan increases the cost of closure. The revised closure cost estimate
2142
must be adjusted for inflation as specified in subsection (b) of this Section.
2143
2144
d)
The owner or operator must keep the following at the facility during the operating
2145
life of the facility: the latest closure cost estimate prepared in accordance with
2146
subsections (a) and (c) of this Section, and, when this estimate has been adjusted
2147
in accordance with subsection (b) of this Section, the latest adjusted closure cost
2148
estimate.
2149
2150
(Source: Amended at 32 Ill. Reg.
, effective
JCAR350725-0805429r01
2151
2152
Section
725.243
Financial Assurance for Closure
2153
2154
An owner or operator of each facility must establish financial assurance for closure of the
2155
facility. The owner or operator must choose from the options specified in subsections (a)
2156
through (e) of this Section.
2157
2158
a)
Closure trust fund.
2159
2160
1)
An owner or operator may satisfy the requirements of this Section by
2161
establishing a closure trust fund that conforms to the requirements of this
2162
subsection and submitting an original, signed duplicate of the trust
2163
agreement to the Agency. The trustee must be an entity that has the
2164
authority to act as a trustee and whose trust operations are regulated and
2165
examined by a federal or State agency.
2166
2167
2)
The wording of the trust agreement must be as specified in 35 Ill. Adm.
2168
Code 724.251 and the trust agreement must be accompanied by a formal
2169
certification of acknowledgment as specified in 35 Ill. Adm. Code
2170
724.251. Schedule A of the trust agreement must be updated within 60
2171
days after a change in the amount of the current closure cost estimate
2172
covered by the agreement.
2173
2174
3)
Payments into the trust fund must be made annually by the owner or
2175
operator over the 20 years beginning May 19, 1981, or over the remaining
2176
operating life of the facility as estimated in the closure plan, whichever
2177
period is shorter; this period is hereafter referred to as the "pay-in period."
2178
The payments into the closure trust fund must be made as follows:
2179
2180
A)
The first payment must be made before May 19, 1981, except as
2181
provided in subsection (a)(5) of this Section. The first payment
2182
must be at least equal to the current closure cost estimate, except as
2183
provided in subsection (f) of this Section, divided by the number of
2184
years in the pay-in period.
2185
2186
B)
Subsequent payments must be made no later than 30 days after
2187
each anniversary date of the first payment. The amount of each
2188
subsequent payment must be determined by this formula:
2189
2190
Next payment –
CE–CV
2191
Where:
2192
JCAR350725-0805429r01
CE = the current closure cost estimate
CV = the current value of the trust fund
Y?
= the number of years remaining in the pay-in period.
2193
2194
?
4)
?
The owner or operator may accelerate payments into the trust fund or may
2195
?
deposit the full amount of the current closure cost estimate at the time the
2196
?
fund is established. However, the owner or operator must maintain the
2197
?
value of the fund at no less than the value that the fund would have if
2198
?
annual payments were made as specified in subsection (a)(3) of this
2199?
Section.
2200
2201?
5)?
If the owner or operator establishes a closure trust fund after having used
2202
?
one or more alternate mechanisms specified in this Section, the owner or
2203?
operator's first payment must be in at least the amount that the fund would
2204
?
contain if the trust fund were established initially and annual payments
2205?
made as specified in subsection (a)(3) of this Section.
2206
2207?
6)
?
After the pay-in period is completed, whenever the current closure cost
2208?
estimate changes, the owner or operator must compare the new estimate
2209?
with the trustee's most recent annual valuation of the trust fund. If the
2210?
value of the fund is less than the amount of the new estimate, the owner or
2211
?
operator, within 60 days after the change in the cost estimate, must either
2212?
deposit an amount into the fund so that its value after this deposit at least
2213?
equals the amount of the current closure cost estimate, or obtain other
2214?
financial assurance, as specified in this Section, to cover the difference.
2215
2216?
7)
?
If the value of the trust fund is greater than the total amount of the current
2217?
closure cost estimate, the owner or operator may submit a written request
2218
?
to the Agency for release of the amount in excess of the current closure
2219?
cost estimate.
2220
2221?
8)?
If an owner or operator substitutes other financial assurance, as specified
2222
?
in this Section, for all or part of the trust fund, the owner or operator may
2223?
submit a written request to the Agency for release of the amount in excess
2224?
of the current closure cost estimate covered by the trust fund.
2225
2226?
9)?
Within 60 days after receiving a request from the owner or operator for
2227?
release of funds as specified in subsection (a)(7) or (a)(8) of this Section,
2228?
the Agency must instruct the trustee to release to the owner or operator
2229?
such funds as the Agency specifies in writing.
2230
2231?
10)
?
After beginning partial or final closure, an owner or operator or another
2232?
person authorized to conduct partial or final closure may request
JCAR350725-0805429r01
2233
reimbursement for closure expenditures by submitting itemized bills to the
2234
Agency. The owner or operator may request reimbursement for partial
2235
closure only if sufficient funds are remaining in the trust fund to cover the
2236
maximum costs of closing the facility over its remaining operating life.
2237
Within 60 days after receiving bills for partial or final closure activities,
2238
the Agency must instruct the trustee to make reimbursement in those
2239
amounts as the Agency specifies in writing if the Agency determines that
2240
the partial or final closure expenditures are in accordance with the
2241
approved closure plan, or otherwise justified. If the Agency determines
2242
that the maximum cost of closure over the remaining life of the facility
2243
will be significantly greater than the value of the trust fund, it must
2244
withhold reimbursement of such amounts as it deems prudent until it
2245
determines, in accordance with subsection (h) of this Section, that the
2246
owner or operator is no longer required to maintain financial assurance for
2247
final closure of the facility. If the Agency does not instruct the trustee to
2248
make such reimbursements, the Agency must provide the owner or
2249
operator a detailed written statement of reasons.
2250
2251
11)
The Agency must agree to termination of the trust when either of the
2252
following occurs:
2253
2254
A)
An owner or operator substitutes alternate financial assurance, as
2255
specified in this Section; or
2256
2257
B)
The Agency releases the owner or operator from the requirements
2258
of this Section in accordance with subsection (h) of this Section.
2259
2260
b)
Surety bond guaranteeing payment into a closure trust fund.
2261
2262
1)
An owner or operator may satisfy the requirements of this Section by
2263
obtaining a surety bond that conforms to the requirements of this
2264
subsection (b) and submitting the bond to the Agency. The surety
2265
company issuing the bond must, at a minimum, be among those listed as
2266
acceptable sureties on federal bonds in Circular 570 of the U.S.
2267
Department of the Treasury.
2268
2269
2)
The wording of the surety bond must be as specified in 35 Ill. Adm. Code
2270
724.251.
2271
2272
3)
The owner or operator that uses a surety bond to satisfy the requirements
2273
of this Section must also establish a standby trust fund. Under the terms
2274
of the bond, all payments made thereunder will be deposited by the surety
2275
directly into the standby trust fund in accordance with instructions from
JCAR350725-0805429r01
2276
the Agency. This standby trust fund must meet the requirements specified
2277
in subsection (a) of this Section, except as follows:
2278
2279
A)
An original, signed duplicate of the trust agreement must be
2280
submitted to the Agency with the surety bond; and
2281
2282
B)
Until the standby trust fund is funded pursuant to the requirements
2283
of this Section, the following are not required by these regulations:
2284
2285
i)
Payments into the trust fund, as specified in subsection (a);
2286
2287
ii)
Updating of Schedule A of the trust agreement (see 35 III.
2288
Adm. Code 724.251(a)) to show current closure cost
2289
estimates;
2290
2291
iii)
Annual valuations, as required by the trust agreement; and
2292
2293
iv)
Notices of nonpayment, as required by the trust agreement.
2294
2295
4)
The bond must guarantee that the owner or operator will:
2296
2297
A)
Fund the standby trust fund in an amount equal to the penal sum of
2298
the bond before the beginning of final closure of the facility;
2299
2300
B)
Fund the standby trust fund in an amount equal to the penal sum
2301
within 15 days after an order to begin final closure is issued by the
2302
Board or a court of competent jurisdiction; or
2303
2304
C)
Provide alternate financial assurance, as specified in this Section,
2305
and obtain the Agency's written approval of the assurance
2306
provided, within 90 days after receipt by both the owner or
2307
operator and the Agency of a notice of cancellation of the bond
2308
from the surety.
2309
2310
5)
Under the terms of the bond, the surety will become liable on the bond
2311
obligation when the owner or operator fails to perform as guaranteed by
2312
the bond.
2313
2314
6)
The penal sum of the bond must be in an amount at least equal to the
2315
current closure cost estimate, except as provided in subsection (1) of this
2316
Section.
2317
2318
7)
Whenever the current closure cost estimate increases to an amount greater
JCAR350725-0805429r01
2319
than the penal sum, the owner or operator, within 60 days after the
2320
increase, must either cause the penal sum to be increased to an amount at
2321
least equal to the current closure cost estimate and submit evidence of
2322
such increase to the Agency, or obtain other financial assurance, as
2323
specified in this Section, to cover the increase. Whenever the current
2324
closure cost estimate decreases, the penal sum may be reduced to the
2325
amount of the current closure cost estimate following written approval by
2326
the Agency.
2327
2328
8)
Under the terms of the bond, the surety may cancel the bond by sending
2329
notice of cancellation by certified mail to the owner or operator and to the
2330
Agency. Cancellation may not occur, however, during the 120 days
2331
beginning on the date of receipt of the notice of cancellation by both the
2332
owner or operator and the Agency, as evidenced by the return receipts.
2333
2334
9)
The owner or operator may cancel the bond if the Agency has given prior
2335
written consent based on its receipt of evidence of alternate financial
2336
assurance, as specified in this Section.
2337
2338
c)
Closure letter of credit.
2339
2340
1)
An owner or operator may satisfy the requirements of this Section by
2341
obtaining an irrevocable standby letter of credit that conforms to the
2342
requirements of this subsection (c) and submitting the letter to the Agency.
2343
The issuing institution must be an entity that has the authority to issue
2344
letters of credit and whose letter-of-credit operations are regulated and
2345
examined by a federal or State agency.
2346
2347
2)
The wording of the letter of credit must be as specified in 35 Ill. Adm.
2348
Code 724.251.
2349
2350
3)
An owner or operator that uses a letter of credit to satisfy the requirements
2351
of this Section must also establish a standby trust fund. Under the terms
2352
of the letter of credit, all amounts paid pursuant to a draft by the Agency
2353
must be deposited by the issuing institution directly into the standby trust
2354
fund in accordance with instructions from the Agency. This standby trust
2355
fund must meet the requirements of the trust fund specified in subsection
2356
(a) of this Section, except as follows:
2357
2358
A)
An original, signed duplicate of the trust agreement must be
2359
submitted to the Agency with the letter of credit; and
2360
2361
B)
Unless the standby trust fund is funded pursuant to the
JCAR350725-0805429r01
2362
requirements of this Section, the following are not required by
2363
these regulations:
2364
2365
i)
Payments into the trust fund, as specified in subsection (a)
2366
of this Section;
2367
2368
Updating of Schedule A of the trust agreement (as specified
2369
in 35 Ill. Adm. Code 724.251) to show current closure cost
2370
estimates;
2371
2372
iii)
Annual valuations, as required by the trust agreement; and
2373
2374
iv)
Notices of nonpayment as required by the trust agreement.
2375
2376
4)
The letter of credit must be accompanied by a letter from the owner or
2377
operator referring to the letter of credit by number, issuing institution, and
2378
date and providing the following information: the USEPA identification
2379
number, name, and address of the facility, and the amount of funds
2380
assured for closure of the facility by the letter of credit.
2381
2382
5)
The letter of credit must be irrevocable and issued for a period of at least
2383
one year. The letter of credit must provide that the expiration date will be
2384
automatically extended for a period of at least one year unless, at least 120
2385
days before the current expiration date, the issuing institution notifies both
2386
the owner or operator and the Agency by certified mail of a decision not to
2387
extend the expiration date. Under the terms of the letter of credit, the 120
2388
days will begin on the date when both the owner or operator and the
2389
Agency have received the notice, as evidenced by the return receipts.
2390
2391
6)
The letter of credit must be issued in an amount at least equal to the
2392
current closure cost estimate, except as provided in subsection (1) of this
2393
Section.
2394
2395
7)
Whenever the current closure cost estimate increases to an amount greater
2396
than the amount of the credit, the owner or operator, within 60 days after
2397
the increase, must either cause the amount of the credit to be increased so
2398
that it at least equals the current closure cost estimate and submit evidence
2399
of such increase to the Agency, or obtain other financial assurance, as
2400
specified in this Section, to cover the increase. Whenever the current
2401
closure cost estimate decreases, the amount of the credit may be reduced
2402
to the amount of the current closure cost estimate following written
2403
approval by the Agency.
2404
JCAR350725-0805429r01
2405
8)
Following a final judicial determination or Board order finding that the
2406
owner or operator has failed to perform final closure in accordance with
2407
the approved closure plan when required to do so, the Agency may draw
2408
on the letter of credit.
2409
2410
9)
If the owner or operator does not establish alternate financial assurance, as
2411
specified in this Section, and obtain written approval of such alternate
2412
assurance from the Agency within 90 days after receipt by both the owner
2413
or operator and the Agency of a notice from issuing institution that it has
2414
decided not to extend the letter of credit beyond the current expiration
2415
date, the Agency must draw on the letter of credit. The Agency may delay
2416
the drawing if the issuing institution grants an extension of the term of the
2417
credit. During the last 30 days of any such extension the Agency must
2418
draw on the letter of credit if the owner or operator has failed to provide
2419
alternate financial assurance, as specified in this Section, and obtain
2420
written approval of such assurance from the Agency.
2421
2422
10)
The Agency must return the letter of credit to the issuing institution for
2423
termination when one of the following occurs:
2424
2425
A)
An owner or operator substitutes alternate financial assurance, as
2426
specified in this Section; or
2427
2428
B)
The Agency releases the owner or operator from the requirements
2429
of this Section in accordance with subsection (h) of this Section.
2430
2431 d)
Closure insurance.
2432
2433
1)
An owner or operator may satisfy the requirements of this Section by
2434
obtaining closure insurance that conforms to the requirements of this
2435
subsection and submitting a certificate of such insurance to the Agency.
2436
At a minimum, the insurer must be licensed to transact the business of
2437
insurance, or eligible to provide insurance as an excess or surplus lines
2438
insurer, in one or more States.
2439
2440
2)
The wording of the certificate of insurance must be as specified in 35 Ill.
2441
Adm. Code 724.251.
2442
2443
3)
The closure insurance policy must be issued for a face amount at least
2444
equal to the current closure cost estimate, except as provided in subsection
2445
(f) of this Section. The term "face amount" means the total amount the
2446
insurer is obligated to pay under the policy. Actual payments by the
2447
insurer will not change the face amount, although the insurer's future
JCAR350725-0805429r01
2448
liability will be lowered by the amount of the payments.
2449
2450
4)
The closure insurance policy must guarantee that funds will be available to
2451
close the facility whenever final closure occurs. The policy must also
2452
guarantee that, once final closure begins, the insurer will be responsible
2453
for paying out funds, up to an amount equal to the face amount of the
2454
policy, upon the direction of the Agency to such party or parties as the
2455
Agency specifies.
2456
2457
5)
After beginning partial or final closure, an owner or operator or any other
2458
person authorized to conduct closure may request reimbursement for
2459
closure expenditures by submitting itemized bills to the Agency. The
2460
owner or operator may request reimbursement for partial closure only if
2461
the remaining value of the policy is sufficient to cover the maximum costs
2462
of closing the facility over its remaining operating life. Within 60 days
2463
after receiving bills for closure activities, the Agency must instruct the
2464
insurer to make reimbursement in such amounts as the Agency specifies in
2465
writing if the Agency determines that the partial or final closure
2466
expenditures are in accordance with the approved closure plan or
2467
otherwise justified. If the Agency determines that the maximum cost of
2468
closure over the remaining life of the facility will be significantly greater
2469
than the face amount of the policy, it must withhold reimbursement of
2470
such amounts as it deems prudent until it determines, in accordance with
2471
subsection (h) of this Section, that the owner or operator is no longer
2472
required to maintain financial assurance for final closure of the particular
2473
facility. If the Agency does not instruct the insurer to make such
2474
reimbursements, the Agency must provide the owner or operator with a
2475
detailed written statement of reasons.
2476
2477
6)
The owner or operator must maintain the policy in full force and effect
2478
until the Agency consents to termination of the policy by the owner or
2479
operator as specified in subsection (d)(10) of this Section. Failure to pay
2480
the premium, without substitution of alternate financial assurance as
2481
specified in this Section, will constitute a significant violation of these
2482
regulations, warranting such remedy as the Board may impose pursuant to
2483
the Environmental Protection Act. Such violation will be deemed to begin
2484
upon receipt by the Agency of a notice of future cancellation, termination,
2485
or failure to renew due to nonpayment of the premium, rather than upon
2486
the date of expiration.
2487
2488
7)
Each policy must contain a provision allowing assignment of the policy to
2489
a successor owner or operator. Such assignment may be conditional upon
2490
consent of the insurer, provided such consent is not unreasonably refused.
JCAR350725-0805429r01
2491
2492
8)
The policy must provide that the insurer may not cancel, terminate, or fail
2493
to renew the policy except for failure to pay the premium. The automatic
2494
renewal of the policy must, at a minimum, provide the insured with the
2495
option of renewal at the face amount of the expiring policy. If there is a
2496
failure to pay the premium, the insurer may elect to cancel, terminate, or
2497
fail to renew the policy by sending notice by certified mail to the owner or
2498
operator and the Agency. Cancellation, termination, or failure to renew
2499
may not occur, however, during the 120 days beginning with the date of
2500
receipt of the notice by both the Agency and the owner or operator, as
2501
evidenced by the return receipts. Cancellation, termination, or failure to
2502
renew may not occur and the policy will remain in full force and effect in
2503
the event that, on or before the date of expiration, one of the following
2504
occurs:
2505
2506
A)
The Agency deems the facility abandoned;
2507
2508
B)
Interim status is terminated or revoked;
2509
2510
C)
Closure is ordered by the Board or a court of competent
2511
jurisdiction;
2512
2513
D)
The owner or operator is named as debtor in a voluntary or
2514
involuntary proceeding under 11 USC (Bankruptcy); or
2515
2516
E)
The premium due is paid.
2517
2518
9)
Whenever the current closure cost estimate increases to an amount greater
2519
than the face amount of the policy, the owner or operator, within 60 days
2520
after the increase, must either cause the face amount to be increased to an
2521
amount at least equal to the current closure cost estimate and submit
2522
evidence of such increase to the Agency, or obtain other financial.
2523
assurance as specified in this Section to cover the increase. Whenever the
2524
current closure cost estimate decreases, the face amount may be reduced to
2525
the amount of the current closure cost estimate following written approval
2526
by the Agency.
2527
2528
10)
The Agency must give written consent to the owner or operator that the
2529
owner or operator may terminate the insurance policy when either of the
2530
following occurs:
2531
2532
A)
An owner or operator substitutes alternate financial assurance, as
2533
specified in this Section; or
JCAR350725-0805429r01
2534
2535
B)
The Agency releases the owner or operator from the requirements
2536
of this Section in accordance with subsection (h) of this Section.
2537
2538
e)
Financial test and corporate guarantee for closure.
2539
2540
1)
An owner or operator may satisfy the requirements of this Section by
2541
demonstrating that the owner or operator passes a financial test as
2542
specified in this subsection. To pass this test the owner or operator must
2543
meet the criteria of either subsection (e)(1)(A) or (e)(1)(B) of this Section:
2544
2545
A)
The owner or operator must have all of the following:
2546
2547
i)
Two of the following three ratios: a ratio of total liabilities
2548
to net worth less than 2.0; a ratio of the sum of net income
2549
plus depreciation, depletion and amortization to total
2550
liabilities greater than 0.1; and a ratio of current assets to
2551
current liabilities greater than 1.5;
2552
2553
ii)
Net working capital and tangible net worth each at least six
2554
times the sum of the current closure and post-closure cost
2555
estimates and the current plugging and abandonment cost
2556
estimates;
2557
2558
iii)
Tangible net worth of at least $10 million; and
2559
2560
iv)
Assets located in the United States amounting to at least 90
2561
percent of total assets or at least six times the sum of the
2562
current closure and post-closure cost estimates and the
2563
current plugging and abandonment cost estimates.
2564
2565
B)
The owner or operator must have all of the following:
2566
2567
i)
A current rating for its most recent bond issuance of AAA,
2568
AA, A, or BBB, as issued by Standard and Poor's, or Aaa,
2569
Aa, A, or Baa, as issued by Moody's;
2570
2571
ii)
Tangible net worth at least six times the sum of the current
2572
closure and post-closure cost estimates and the current
2573
plugging and abandonment cost estimates;
2574
2575
Tangible net worth of at least $10 million; and
2576
JCAR350725-0805429r01
2577
iv)
Assets located in the United States amounting to at least 90
2578
percent of total assets or at least six times the sum of the
2579
current closure and post-closure cost estimates and the
2580
current plugging and abandonment cost estimates.
2581
2582
2)
The phrase "current closure and post-closure cost estimates," as used in
2583
subsection (e)(1) of this Section, refers to the cost estimates required to be
2584
shown in subsections 1 through 4 of the letter from the owner's or
2585
operator's chief financial officer (see 35 Ill. Adm. Code 724.251). The
2586
phrase "current plugging and abandonment cost estimates," as used in
2587
subsection (e)(1) of this Section, refers to the cost estimates required to be
2588
shown in subsections 1 through 4 of the letter from the owner's or
2589
operator's chief financial officer (see 35 111. Adm. Code 704.240).
2590
2591
3)
To demonstrate that the owner or operator meets this test, the owner or
2592
operator must submit each of the following items to the Agency:
2593
2594
A)
A letter signed by the owner's or operator's chief financial officer
2595
and worded as specified in 35 Ill. Adm. Code 724.251;
2596
2597
B)
A copy of the independent certified public accountant's report on
2598
examination of the owner's or operator's financial statements for
2599
the latest completed fiscal year; and
2600
2601
C)
A special report from the owner's or operator's independent
2602
certified public accountant to the owner or operator stating the
2603
following:
2604
2605
i)
That the accountant has compared the data that the letter
2606
from the chief financial officer specifies as having been
2607
derived from the independently audited, year-end financial
2608
statements for the latest fiscal year with the amounts in
2609
such financial statements; and
2610
2611
ii)
In connection with that procedure, that no matters came to
2612
the accountant's attention which caused the accountant to
2613
believe that the specified data should be adjusted.
2614
2615
4)
This subsection (e)(4) corresponds with 40 CFR 265.143(e)(4), a federal
2616
provision relating to an extension of the time to file the proofs of financial
2617
assurance required by this subsection (e) granted by USEPA. This
2618
statement maintains structural consistency with the corresponding federal
2619
regulations.
JCAR350725-0805429r01
2620
2621
5)
After the initial submission of items specified in subsection (e)(3) of this
2622
Section, the owner or operator must send updated information to the
2623
Agency within 90 days after the close of each succeeding fiscal year. This
2624
information must consist of all three items specified in subsection (e)(3) of
2625
this Section.
2626
2627
6)
If the owner or operator no longer meets the requirements of subsection
2628
(e)(1) of this Section, the owner or operator must send notice to the
2629
Agency of intent to establish alternate financial assurance as specified in
2630
this Section. The notice must be sent by certified mail within 90 days
2631
after the end of the fiscal year for which the year-end financial data show
2632
that the owner or operator no longer meets the requirements. The owner
2633
or operator must provide the alternate financial assurance within 120 days
2634
after the end of such fiscal year.
2635
2636
7)
The Agency may, based on a reasonable belief that the owner or operator
2637
may no longer meet the requirements of subsection (e)(1) of this Section,
2638
require reports of financial condition at any time from the owner or
2639
operator in addition to those specified in subsection (e)(3) of this Section.
2640
If the Agency finds, on the basis of such reports or other information, that
2641
the owner or operator no longer meets the requirements of subsection
2642
(e)(1) of this Section, the owner or operator must provide alternate
2643
financial assurance as specified in this Section within 30 days after
2644
notification of such a finding.
2645
2646
8)
The Agency may disallow use of this test on the basis of qualifications in
2647
the opinion expressed by the independent certified public accountant in the
2648
accountant's report on examination of the owner's or operator's financial
2649
statements (see subsection (e)(3)(B) of this Section). An adverse opinion
2650
or a disclaimer of opinion will be cause for disallowance. The Agency
2651
must evaluate other qualifications on an individual basis. The owner or
2652
operator must provide alternate financial assurance as specified in this
2653
Section within 30 days after notification of the disallowance.
2654
2655
9)
The owner or operator is no longer required to submit the items specified
2656
in subsection (e)(3) of this Section when either of the following occurs:
2657
2658
A)
An owner or operator substitutes alternate financial assurance, as
2659
specified in this Section; or
2660
2661
B)
The Agency releases the owner or operator from the requirements
2662
of this Section in accordance with subsection (h) of this Section.
JCAR350725-0805429r01
2663
2664
10)
An owner or operator may meet the requirements of this Section by
2665
obtaining a written guarantee, hereafter referred to as "corporate
2666
guarantee." The guarantor must be the direct or higher-tier parent
2667
corporation of the owner or operator, a firm whose parent corporation is
2668
also the parent corporation of the owner or operator, or a firm with a
2669
"substantial business relationship" with the owner or operator. The
2670
guarantor must meet the requirements for owners or operators in
2671
subsections (e)(1) through (e)(8) of this Section, and must comply with the
2672
terms of the corporate guarantee. The wording of the corporate guarantee
2673
must be identical to the wording specified in 35 Ill. Adm. Code 724.251.
2674
The corporate guarantee must accompany the items sent to the Agency as
2675
specified in subsection (e)(3) of this Section. One of these items must be
2676
the letter from the guarantor's chief financial officer. If the guarantor's
2677
parent corporation is also the parent corporation of the owner or operator,
2678
the letter must describe the value received in consideration of the
2679
guarantee. If the guarantor is a firm with a "substantial business
2680
relationship" with the owner or operator, this letter must describe this
2681
substantial business relationship" and the value received in consideration
2682
of the guarantee. The terms of the corporate guarantee must provide the
2683
following:
2684
2685
A)
That, if the owner or operator fails to perform final closure of a
2686
facility covered by the corporate guarantee in accordance with the
2687
closure plan and other interim status requirements whenever
2688
required to do so, the guarantor will do so or establish a trust fund
2689
as specified in subsection (a) of this Section, in the name of the
2690
owner or operator.
2691
2692
B)
That the corporate guarantee will remain in force unless the
2693
guarantor sends notice of cancellation by certified mail to the
2694
owner or operator and to the Agency. Cancellation may not occur,
2695
however, during the 120 days beginning on the date of receipt of
2696
the notice of cancellation by both the owner or operator and the
2697
Agency, as evidenced by the return receipts.
2698
2699
C)
That, if the owner or operator fails to provide alternate financial
2700
assurance as specified in this Section and obtain the written
2701
approval of such alternate assurance from the Agency within 90
2702
days after receipt by both the owner or operator and the Agency of
2703
a notice of cancellation of the corporate guarantee from the
2704
guarantor, the guarantor will provide such alternate financial
2705
assurance in the name of the owner or operator.
JCAR350725-0805429r01
2706
2707
Use of multiple financial mechanisms. An owner or operator may satisfy the
2708
requirements of this Section by establishing more than one financial mechanism
2709
per facility. These mechanisms are limited to trust funds, surety bonds, letters of
2710
credit, and insurance. The mechanisms must be as specified in subsections (a)
2711
through (d) of this Section, respectively, except that it is the combination of
2712
mechanisms, rather than the single mechanism, that must provide financial
2713
assurance for an amount at least equal to the current closure cost estimate. If an
2714
owner or operator uses a trust fund in combination with a surety bond or a letter
2715
of credit, the owner or operator may use the trust fund as the standby trust fund
2716
for the other mechanisms. A single standby trust fund may be established for two
2717
or more mechanisms. The Agency may use any or all of the mechanisms to
2718
provide for closure of the facility.
2719
2720
Use of a financial mechanism for multiple facilities. An owner or operator may
2721
use a financial assurance mechanism specified in this Section to meet the
2722
requirements of this Section for more than one facility. Evidence of financial
2723
assurance submitted to the Agency must include a list showing, for each facility,
2724
the USEPA identification number, name, address, and the amount of funds for
2725
closure assured by the mechanism. The amount of funds available through the
2726
mechanism must be no less than the sum of funds that would be available if a
2727
separate mechanism had been established and maintained for each facility. The
2728
amount of funds available to the Agency must be sufficient to close all of the
2729
owner or operator's facilities. In directing funds available through the mechanism
2730
for closure of any of the facilities covered by the mechanism, the Agency may
2731
direct only the amount of funds designated for that facility, unless the owner or
2732
operator agrees to the use of additional funds available under the mechanism.
2733
2734
h)
Release of the owner or operator from the requirements of this Section. Within
2735
60 days after receiving certifications from the owner or operator and a qualified
2736
Professional Engineer
that final
2737
closure has been completed in accordance with the approved closure plan, the
2738
Agency must notify the owner or operator in writing that the owner or operator is
2739
no longer required by this Section to maintain financial assurance for closure of
2740
the facility, unless the Agency determines that closure has not been in accordance
2741
with the approved closure plan. The Agency must provide the owner or operator
2742
a detailed written statement of any such determination that closure has not been in
2743
accordance with the approved closure plan.
2744
2745
Appeal. The following Agency actions are deemed to be permit modifications or
2746
refusals to modify for purposes of appeal to the Board (35 Ill. Adm. Code
2747
702.184(e)(3)):
2748
JCAR350725-0805429r01
2749
1)
An increase in, or a refusal to decrease the amount of, a bond, letter of
2750
credit, or insurance; or
2751
2752
2)
Requiring alternate assurance upon a finding that an owner or operator or
2753
parent corporation no longer meets a financial test.
2754
2755
(Source: Amended at 32 Ill. Reg.
, effective
)
2756
2757
Section
725.245
Financial Assurance for Post-Closure Monitoring and Maintenance
2758
2759
An owner or operator of a facility with a hazardous waste disposal unit must establish financial
2760
assurance for post-closure care of the disposal units. The owner or operator must choose from
2761
the following options:
2762
2763
a)
Post-closure trust fund.
2764
2765
1)
An owner or operator may satisfy the requirements of this Section by
2766
establishing a post-closure trust fund that conforms to the requirements of
2767
this subsection and submitting an original, signed duplicate of the trust
2768
agreement to the Agency. The trustee must be an entity that has the
2769
authority to act as a trustee and whose trust operations are regulated and
2770
examined by a federal or State agency.
2771
2772
2)
The wording of the trust agreement must be as specified in 35 III. Adm.
2773
Code 724.251 and the trust agreement must be accompanied by a formal
2774
certification of acknowledgment (as specified in 35 Ill. Adm. Code
2775
724.251). Schedule A of the trust agreement must be updated within 60
2776
days after a change in the amount of the current post-closure cost estimate
2777
covered by the agreement.
2778
2779
3)
Payments into the trust fund must be made annually by the owner or
2780
operator over the 20 years beginning May 19, 1981, or over the remaining
2781
operating life of the facility as estimated in the closure plan, whichever
2782
period is shorter; this period is hereafter referred to as the "pay-in period."
2783
The payments into the post-closure trust fund must be made as follows:
2784
2785
A)
The first payment must have been made before May 19, 1981,
2786
except as provided in subsection (a)(5) of this Section. The first
2787
payment must be at least equal to the current post-closure cost
2788
estimate, except as provided in subsection (f) of this Section,
2789
divided by the number of years in the pay-in period.
2790
2791
B)
Subsequent payments must be made no later than 30 days after
JCAR350725-0805429r01
2792
each anniversary date of the first payment. The amount of each
2793
subsequent payment must be determined by this formula:
2794
2795
Next payment –
CE–CV
2796
2797
Where:
2798
CE = the current closure cost estimate
CV = the current value of the trust fund
Y
= the number of years remaining in the pay-in period.
2799
2800
4)
The owner or operator may accelerate payments into the trust fund or may
2801
deposit the full amount of the current post-closure cost estimate at the time
2802
the fund is established. However, the owner or operator must maintain the
2803
value of the fund at no less than the value that the fund would have if
2804
annual payments were made as specified in subsection (a)(3) of this
2805
Section.
2806
2807
5)
If the owner or operator establishes a post-closure trust fund after having
2808
used one or more alternate mechanisms specified in this Section, the
2809
owner or operator's first payment must be in at least the amount that the
2810
fund would contain if the trust fund were established initially and annual
2811
payments made as specified in subsection (a)(3) of this Section.
2812
2813
6)
After the pay-in period is completed, whenever the current post-closure
2814
cost estimate changes during the operating life of the facility, the owner or
2815
operator must compare the new estimate with the trustee's most recent
2816
annual valuation of the trust fund. If the value of the fund is less than the
2817
amount of the new estimate, the owner or operator, within 60 days after
2818
the change in the cost estimate, must either deposit an amount into the
2819
fund so that its value after this deposit at least equals the amount of the
2820
current post-closure cost estimate, or obtain other financial assurance as
2821
specified in this Section to cover the difference.
2822
2823
7)
During the operating life of the facility, if the value of the trust fund is
2824
greater than the total amount of the current post-closure cost estimate, the
2825
owner or operator may submit a written request to the Agency for release
2826
of the amount in excess of the current post-closure cost estimate.
2827
2828
8)
If an owner or operator substitutes other financial assurance as specified in
2829
this Section for all or part of the trust fund, owner or operator may submit
2830
a written request to the Agency for release of the amount in excess of the
JCAR350725-0805429r01
2831
current post-closure cost estimate covered by the trust fund.
2832
2833
9)
Within 60 days after receiving a request from the owner or operator for
2834
release of funds as specified in subsection (a)(7) or (a)(8) of this Section,
2835
the Agency must instruct the trustee to release to the owner or operator
2836
such funds as the Agency specifies in writing.
2837
2838
10)
During the period of post-closure care, the Agency must approve a release
2839
of funds if the owner or operator demonstrates to the Agency that the
2840
value of the trust fund exceeds the remaining cost of post-closure care.
2841
2842
11)
An owner or operator or any other person authorized to perform post-
2843
closure care may request reimbursement for post-closure care expenditures
2844
by submitting itemized bills to the Agency. Within 60 days after receiving
2845
bills for post-closure activities, the Agency must instruct the trustee to
2846
make reimbursement in those amounts as the Agency specifies in writing
2847
if the Agency determines that the post-closure care expenditures are in
2848
accordance with the approved post-closure plan or otherwise justified. If
2849
the Agency does not instruct the trustee to make such reimbursements, the
2850
Agency must provide the owner or operator with a detailed written
2851
statement of reasons.
2852
2853
12)
The Agency must agree to termination of a trust when either of the
2854
following occurs:
2855
2856
A)
An owner or operator substitutes alternate financial assurance, as
2857
specified in this Section; or
2858
2859
B)
The Agency releases the owner or operator from the requirements
2860
of this Section in accordance with subsection (h) of this Section.
2861
2862 b)
Surety bond guaranteeing payment into a post-closure trust fund.
2863
2864
1)
An owner or operator may satisfy the requirements of this Section by
2865
obtaining a surety bond that conforms to the requirements of this
2866
subsection (b) and submitting the bond to the Agency. The surety
2867
company issuing the bond must, at a minimum, be among those listed as
2868
acceptable sureties on federal bonds in Circular 570 of the U.S.
2869
Department of the Treasury.
2870
2871
BOARD NOTE: The U.S. Department of the Treasury updates Circular
2872
570, "Companies Holding Certificates of Authority as Acceptable Sureties
2873
on Federal Bonds and as Acceptable Reinsuring Companies," on an annual
JCAR350725-0805429r01
2874
basis pursuant to 31 CRF 223.16. Circular 570 is available on the Internet
2875
from the following website: http://www.fms.treas.gov/c570/.
2876
2877
2)
The wording of the surety bond must be as specified in 35 Ill. Adm. Code
2878
724.251.
2879
2880
3)
The owner or operator that uses a surety bond to satisfy the requirements
2881
of this Section must also establish a standby trust fund. Under the terms
2882
of the bond, all payments made thereunder will be deposited by the surety
2883
directly into the standby trust fund in accordance with instructions from
2884
the Agency. This standby trust fund must meet the requirements specified
2885
in subsection (a) of this Section, except as follows:
2886
2887
A)
An original, signed duplicate of the trust agreement must be
2888
submitted to the Agency with the surety bond; and
2889
2890
B)
Until the standby trust fund is funded pursuant to the requirements
2891
of this Section, the following are not required by these regulations:
2892
2893
i)
Payments into the trust fund, as specified in subsection (a)
2894
of this Section;
2895
2896
Updating of Schedule A of the trust agreement (as specified
2897
in 35 III. Adm. Code 724.251) to show current post-closure
2898
cost estimates;
2899
2900
iii)
Annual valuations, as required by the trust agreement; and
2901
2902
iv)
Notices of nonpayment, as required by the trust agreement.
2903
2904
4)
The bond must guarantee that the owner or operator will perform the
2905
following acts:
2906
2907
A)
Fund the standby trust fund in an amount equal to the penal sum of
2908
the bond before the beginning of final closure of the facility; or
2909
2910
B)
Fund the standby trust fund in an amount equal to the penal sum
2911
within 15 days after an order to begin closure is issued by the
2912
Board or a court of competent jurisdiction; or
2913
2914
C)
Provide alternate financial assurance, as specified in this Section,
2915
and obtain the Agency's written approval of the assurance
2916
provided, within 90 days after receipt by both the owner or
JCAR350725-0805429r01
2917
operator and the Agency of a notice of cancellation of the bond
2918
from the surety.
2919
2920
5)
Under the terms of the bond, the surety will become liable on the bond
2921
obligation when the owner or operator fails to perform as guaranteed by
2922
the bond.
2923
2924
6)
The penal sum of the bond must be in an amount at least equal to the
2925
current post-closure cost estimate, except as provided in subsection (f) of
2926
this Section.
2927
2928
7)
Whenever the current post-closure cost estimate increases to an amount
2929
greater than the penal sum, the owner or operator, within 60 days after the
2930
increase, must either cause the penal sum to be increased to an amount at
2931
least equal to the current post-closure cost estimate and submit evidence of
2932
such increase to the Agency or obtain other financial assurance as
2933
specified in this Section to cover the increase. Whenever the current post-
2934
closure cost estimate decreases, the penal sum may be reduced to the
2935
amount of the current post-closure cost estimate following written
2936
approval by the Agency.
2937
2938
8)
Under the terms of the bond, the surety may cancel the bond by sending
2939
notice of cancellation by certified mail to the owner or operator and to the
2940
Agency. Cancellation may not occur, however, during the 120 days
2941
beginning on the date of receipt of the notice of cancellation by both the
2942
owner or operator and the Agency, as evidenced by the return receipts.
2943
2944
9)
The owner or operator may cancel the bond if the Agency has given prior
2945
written consent based on its receipt of evidence of alternate financial
2946
assurance as specified in this Section.
2947
2948
c)
Post-closure letter of credit.
2949
2950
1)
An owner or operator may satisfy the requirements of this Section by
2951
obtaining an irrevocable standby letter of credit that conforms to the
2952
requirements of this subsection (c) and submitting the letter to the Agency.
2953
The issuing institution must be an entity that has the authority to issue
2954
letters of credit and whose letter-of-credit operations are regulated and
2955
examined by a federal or State agency.
2956
2957
2)
The wording of the letter of credit must be as specified in 35 Ill. Adm.
2958
Code 724.251.
2959
JCAR350725-0805429r01
2960
3)
An owner or operator that uses a letter of credit to satisfy the requirements
2961
of this Section must also establish a standby trust fund. Under the terms
2962
of the letter of credit, all amounts paid pursuant to a draft by the Agency
2963
must be deposited by the issuing institution directly into the standby trust
2964
fund in accordance with instructions from the Agency. This standby trust
2965
fund must meet the requirements of the trust fund specified in subsection
2966
(a) of this Section, except as follows:
2967
2968
A)
An original, signed duplicate of the trust agreement must be
2969
submitted to the Agency with the letter of credit; and
2970
2971
B)
Unless the standby trust fund is funded pursuant to the
2972
requirements of this Section, the following are not required by
2973
these regulations:
2974
2975
i)
Payments into the trust fund, as specified in subsection (a)
2976
of this Section;
2977
2978
ii)
Updating of Schedule A of the trust agreement (as specified
2979
in 35 III. Adm. Code 724.151) to show current post-closure
2980
cost estimates;
2981
2982
iii)
Annual valuations, as required by the trust agreement; and
2983
2984
iv)
Notices of nonpayment, as required by the trust agreement.
2985
2986
4)
The letter of credit must be accompanied by a letter from the owner or
2987
operator referring to the letter of credit by number, issuing institution, and
2988
date and providing the following information: the USEPA identification
2989
number, name, and address of the facility, and the amount of funds
2990
assured for post-closure care of the facility by the letter of credit.
2991
2992
5)
The letter of credit must be irrevocable and issued for a period of at least
2993
one year. The letter of credit must provide that the expiration date will be
2994
automatically extended for a period of at least one year unless, at least 120
2995
days before the current expiration date, the issuing institution notifies both
2996
the owner or operator and the Agency by certified mail of a decision not to
2997
extend the expiration date. Under the terms of the letter of credit, the 120
2998
days will begin on the date when both the owner or operator and the
2999
Agency have received the notice, as evidenced by the return receipts.
3000
3001
6)
The letter of credit must be issued in an amount at least equal to the
3002
current post-closure cost estimate, except as provided in subsection (f)
of
JCAR350725-0805429r01
3003
this Section.
3004
3005
7)
Whenever the current post-closure cost estimate increases to an amount
3006
greater than the amount of the credit during the operating life of the
3007
facility, the owner or operator, within 60 days after the increase, must
3008
either cause the amount of the credit to be increased so that it at least
3009
equals the current post-closure cost estimate and submit evidence of such
3010
increase to the Agency, or obtain other financial assurance, as specified in
3011
this Section, to cover the increase. Whenever the current cost estimate
3012
decreases during the operating life of the facility, the amount of the credit
3013
may be reduced to the amount of the current post-closure cost estimate
3014
following written approval by the Agency.
3015
3016
8)
During the period of post-closure care, the Agency must approve a
3017
decrease in the amount of the letter of credit if the owner or operator
3018
demonstrates to the Agency that the amount exceeds the remaining cost of
3019
post-closure care.
3020
3021
9)
Following a final judicial determination or Board order finding that the
3022
owner or operator has failed to perform post-closure care in accordance
3023
with the approved post-closure plan and other interim status requirements,
3024
the Agency may draw on the letter of credit.
3025
3026
10)
If the owner or operator does not establish alternate financial assurance, as
3027
specified in this Section, and obtain written approval of such alternate
3028
assurance from the Agency within 90 days after receipt by both the owner
3029
or operator and the Agency of a notice from the issuing institution that it
3030
has decided not to extend the letter of credit beyond the current expiration
3031
date, the Agency must draw on the letter of credit. The Agency may delay
3032
the drawing if the issuing institution grants an extension of the term of the
3033
credit. During the last 30 days after any such extension the Agency must
3034
draw on the letter of credit if the owner or operator has failed to provide
3035
alternate financial assurance, as specified in this Section, and obtain
3036
written approval of such assurance from the Agency.
3037
3038
11)
The Agency must return the letter of credit to the issuing institution for
3039
termination when either of the following occurs:
3040
3041
A)
An owner or operator substitutes alternate financial assurance, as
3042
specified in this Section; or
3043
3044
B)
The Agency releases the owner or operator from the requirements
3045
of this Section in accordance with subsection (h) of this Section.
JCAR350725-0805429r01
3046
3047
d)
Post-closure insurance.
3048
3049
1)
An owner or operator may satisfy the requirements of this Section by
3050
obtaining post-closure insurance that conforms to the requirements of this
3051
subsection and submitting a certificate of such insurance to the Agency.
3052
At a minimum, the insurer must be licensed to transact the business of
3053
insurance, or eligible to provide insurance as an excess or surplus lines
3054
insurer, in one or more states.
3055
3056
2)
The wording of the certificate of insurance must be as specified in 35 Ill.
3057
Adm. Code 724.251.
3058
3059
3)
The post-closure insurance policy must be issued for a face amount at least
3060
equal to the current post-closure estimate, except as provided in subsection
3061
(0 of this Section. The term "face amount" means the total amount the
3062
insurer is obligated to pay under the policy. Actual payments by the
3063
insurer will not change the face amount, although the insurer's future
3064
liability will be lowered by the amount of the payments.
3065
3066
4)
The post-closure insurance policy must guarantee that funds will be
3067
available to provide post-closure care of facility whenever the post-closure
3068
period begins. The policy must also guarantee that, once post-closure care
3069
begins, the insurer will be responsible for paying out funds, up to an
3070
amount equal to the face amount of the policy, upon the direction of the
3071
Agency, to such party or parties as the Agency specifies.
3072
3073
5)
An owner or operator or any other person authorized to perform post-
3074
closure care may request reimbursement for post-closure care expenditures
3075
by submitting itemized bills to the Agency. Within 60 days after receiving
3076
bills for post-closure activities, the Agency must instruct the insurer to
3077
make reimbursement in such amounts as the Agency specifies in writing,
3078
if the Agency determines that the post-closure care expenditures are in
3079
accordance with the approved post-closure plan or otherwise justified. If
3080
the Agency does not instruct the insurer to make such reimbursements, the
3081
Agency must provide the owner or operator with a detailed written
3082
statement of reasons.
3083
3084
6)
The owner or operator must maintain the policy in full force and effect
3085
until the Agency consents to termination of the policy by the owner or
3086
operator, as specified in subsection (d)(11) of this Section. Failure to pay
3087
the premium, without substitution of alternate financial assurance, as
3088
specified in this Section, will constitute a significant violation of these
JCAR350725-0805429r01
3089
regulations, warranting such remedy as the Board may impose pursuant to
3090
the Environmental Protection Act. Such violation will be deemed to begin
3091
upon receipt by the Agency of a notice of future cancellation, termination,
3092
or failure to renew due to nonpayment of the premium, rather than upon
3093
the date of expiration.
3094
3095
7)
Each policy must contain a provision allowing assignment of the policy to
3096
a successor owner or operator. Such assignment may be conditional upon
3097
consent of the insurer, provided such consent is not unreasonably refused.
3098
3099
8)
The policy must provide that the insurer may not cancel, terminate, or fail
3100
to renew the policy except for failure to pay the premium. The automatic
3101
renewal of the policy must, at a minimum, provide the insured with the
3102
option of renewal at the face amount of the expiring policy. If there is a
3103
failure to pay the premium, the insurer may elect to cancel, terminate, or
3104
fail to renew the policy by sending notice by certified mail to the owner or
3105
operator and the Agency. Cancellation, termination, or failure to renew
3106
may not occur, however, during the 120 days beginning with the date of
3107
receipt of the notice by both the Agency and the owner or operator, as
3108
evidenced by the return receipts. Cancellation, termination, or failure to
3109
renew may not occur, and the policy will remain in full force and effect in
3110
the event that, on or before the date of expiration, one of the following
3111
occurs:
3112
3113
A)
The Agency deems the facility abandoned;
3114
3115
B)
Interim status is terminated or revoked;
3116
3117
C)
Closure is ordered by the Board or a court of competent
3118
jurisdiction;
3119
3120
D)
The owner or operator is named as debtor in a voluntary or
3121
involuntary proceeding under 11 USC (Bankruptcy); or
3122
3123
E)
The premium due is paid.
3124
3125
9)
Whenever the current post-closure cost estimate increases to an amount
3126
greater than the face amount of the policy during the operating life of the
3127
facility, the owner or operator, within 60 days after the increase, must
3128
either cause the face amount to be increased to an amount at least equal to
3129
the current post-closure cost estimate and submit evidence of such
3130
increase to the Agency, or obtain other financial assurance, as specified in
3131
this Section, to cover the increase. Whenever the current post-closure cost
JCAR350725-0805429r01
3132
estimate decreases during the operating life of the facility, the face amount
3133
may be reduced to the amount of the current post-closure cost estimate
3134
following written approval by the Agency.
3135
3136
10)
Commencing on the date that liability to make payments pursuant to the
3137
policy accrues, the insurer must thereafter annually increase the face
3138
amount of the policy. Such increase must be equivalent to the face
3139
amount of the policy, less any payments made, multiplied by an amount
3140
equivalent to 85 percent of the most recent investment rate or of the
3141
equivalent coupon-issue yield announced by the U.S. Treasury for 26-
3142
week Treasury securities.
3143
3144
11)
The Agency must give written consent to the owner or operator that the
3145
owner or operator may terminate the insurance policy when either of the
3146
following occurs:
3147
3148
A)
An owner or operator substitutes alternate financial assurance, as
3149
specified in this Section; or
3150
3151
B)
The Agency releases the owner or operator from the requirements
3152
of this Section in accordance with subsection (h) of this Section.
3153
3154 e)
Financial test and corporate guarantee for post-closure care.
3155
3156
I)
An owner or operator may satisfy the requirements of this Section by
3157
demonstrating that the owner or operator passes a financial test, as
3158
specified in this subsection (e). To pass this test the owner or operator
3159
must meet the criteria of either subsection (e)(1)(A) or (e)(1)(B) of this
3160
Section:
3161
3162
A)
The owner or operator must have each of the following:
3163
3164
i)
Two of the following three ratios: a ratio of total liabilities
3165
to net worth less than 2.0; a ratio of the sum of net income
3166
plus depreciation, depletion and amortization to total
3167
liabilities greater than 0.1; and a ratio of current assets to
3168
current liabilities greater than 1.5;
3169
3170
ii)
Net working capital and tangible net worth each at least six
3171
times the sum of the current closure and post-closure cost
3172
estimates and the current plugging and abandonment cost
3173
estimates;
3174
JCAR350725-0805429r01
3175
Tangible new worth of at least $10 million; and
3176
3177
Assets in the United States amounting to at least 90 percent
3178
of total assets or at least six times the sum of the current
3179
closure and post-closure cost estimates and the plugging
3180
and abandonment cost estimates.
3181
3182
B)
The owner or operator must have each of the following:
3183
3184
i)
A current rating for its most recent bond issuance of AAA,
3185
AA, A, or BBB, as issued by Standard and Poor's, or Aaa,
3186
Aa, A, or Baa, as issued by Moody's;
3187
3188
Tangible net worth at least six times the sum of the current
3189
closure and post-closure cost estimates and the current
3190
plugging and abandonment cost estimates;
3191
3192
iii)
Tangible net worth of at least $10 million; and
3193
3194
Assets located in the United States amounting to at least 90
3195
percent of its total assets or at least six times the sum of the
3196
current closure and post-closure cost estimates and the
3197
current plugging and abandonment cost estimates.
3198
3199
2)
The phrase "current closure and post-closure cost estimates," as used in
3200
subsection (e)(1) of this Section, refers to the cost estimates required to be
3201
shown in subsections 1 through 4 of the letter from the owner's or
3202
operator's chief financial officer (see 35 Ill. Adm. Code 724.251). The
3203
phrases "current plugging and abandonment cost estimates," as used in
3204
subsection (e)(1) of this Section, refers to the cost estimates required to be
3205
shown in subsections 1 through 4 of the letter from the owner's or
3206
operator's chief financial officer (see 35 Ill. Adm. Code 704.240).
3207
3208
3)
To demonstrate that it meets this test, the owner or operator must submit
3209
each of the following items to the Agency:
3210
3211
A)
A letter signed by the owner's or operator's chief financial officer
3212
and worded as specified in 35 III. Adm. Code 724.251;
3213
3214
B)
A copy of the independent certified public accountant's report on
3215
examination of the owner's or operator's financial statements for
3216
the latest completed fiscal year; and
3217
JCAR350725-0805429r01
3218
C)
A special report from the owner's or operator's independent
3219
certified public accountant to the owner or operator stating both of
3220
the following:
3221
3222
i)
That the accountant has compared the data that the letter
3223
from the chief financial officer specifies as having been
3224
derived from the independently audited, year-end financial
3225
statements for the latest fiscal year with the amounts in
3226
such financial statements; and
3227
3228
In connection with that procedure, that no matters came to
3229
the accountant's attention that caused the accountant to
3230
believe that the specified data should be adjusted.
3231
3232
4)
This subsection (e)(4) corresponds with 40 CFR 265.143(e)(4), a federal
3233
provision relating to an extension of the time to file the proofs of financial
3234
assurance required by this subsection (e) granted by USEPA. This
3235
statement maintains structural consistency with the corresponding federal
3236
regulations.
3237
3238
5)
After the initial submission of items specified in subsection (e)(3) of this
3239
Section, the owner or operator must send updated information to the
3240
Agency within 90 days after the close of each succeeding fiscal year. This
3241
information must consist of all three items specified in subsection (e)(3) of
3242
this Section.
3243
3244
6)
If the owner or operator no longer meets the requirements of subsection
3245
(e)(1) of this Section, the owner or operator must send notice to the
3246
Agency of intent to establish alternate financial assurance, as specified in
3247
this Section. The notice must be sent by certified mail within 90 days
3248
after the end of the fiscal year for which the year-end financial data show
3249
that the owner or operator no longer meets the requirements. The owner
3250
or operator must provide the alternate financial assurance within 120 days
3251
after the end of such fiscal year.
3252
3253
7)
The Agency may, based on a reasonable belief that the owner or operator
3254
may no longer meet the requirements of subsection (e)(1) of this Section,
3255
require reports of financial condition at any time from the owner or
3256
operator in addition to those specified in subsection (e)(3) of this Section.
3257
If the Agency finds, on the basis of such reports or other information, that
3258
the owner or operator no longer meets the requirements of subsection
3259
(e)(1) of this Section, the owner or operator must provide alternate
3260
financial assurance, as specified in this Section, within 30 days after
JCAR350725-0805429r01
3261
notification of such a finding.
3262
3263
8)
The Agency may disallow use of this test on the basis of qualifications in
3264
the opinion expressed by the independent certified public accountant in the
3265
accountant's report on examination of the owner's or operator's financial
3266
statements (see subsection (e)(3)(B) of this Section). An adverse opinion
3267
or a disclaimer of opinion will be cause for disallowance. The Agency
3268
must evaluate other qualifications on an individual basis. The owner or
3269
operator must provide alternate financial assurance, as specified in this
3270
Section, within 30 days after notification of the disallowance.
3271
3272
9)
During the period of post-closure care, the Agency must approve a
3273
decrease in the current post-closure cost estimate for which this test
3274
demonstrates financial assurance if the owner or operator demonstrates to
3275
the Agency that the amount of the cost estimate exceeds the remaining
3276
cost of post-closure care.
3277
3278
10)
The owner or operator is no longer required to submit the items specified
3279
in subsection (e)(3) of this Section when either of the following occurs:
3280
3281
A)
An owner or operator substitutes alternate financial assurance, as
3282
specified in this Section; or
3283
3284
B)
The Agency releases the owner or operator from the requirements
3285
of this Section in accordance with subsection (h) of this Section.
3286
3287
11)
An owner or operator may meet the requirements of this Section by
3288
obtaining a written guarantee, hereafter referred to as "corporate
3289
guarantee." The guarantor must be the direct or higher-tier parent
3290
corporation of the owner or operator, a firm whose parent corporation is
3291
also the parent corporation of the owner or operator, or a firm with a
3292
"substantial business relationship" with the owner or operator. The
3293
guarantor must meet the requirements for owners or operators in
3294
subsections (e)(1) through (e)(9) of this Section, and must comply with the
3295
terms of the corporate guarantee. The wording of the corporate guarantee
3296
must be identical to the wording specified in 35 Ill. Adm. Code 724.251.
3297
The corporate guarantee must accompany the items sent to the Agency as
3298
specified in subsection (e)(3) of this Section. One of these items must be
3299
the letter from the guarantor's chief financial officer. If the guarantor's
3300
parent corporation is also the parent corporation of the owner or operator,
3301
the letter must describe the value received in consideration of the
3302
guarantee. If the guarantor is a firm with a "substantial business
3303
relationship" with the owner or operator, this letter must describe this
JCAR350725-0805429r01
3304
substantial business relationship" and the value received in consideration
3305
of the guarantee. The terms of the corporate guarantee must provide as
3306
follows:
3307
3308
A)
That, if the owner or operator fails to perform post-closure care of
3309
a facility covered by the corporate guarantee in accordance with
3310
the post-closure plan and other interim status requirements
3311
whenever required to do so, the guarantor will do so or establish a
3312
trust fund as specified in subsection (a) of this Section, in the name
3313
of the owner or operator.
3314
3315
B)
That the corporate guarantee will remain in force unless the
3316
guarantor sends notice of cancellation by certified mail to the
3317
owner or operator and to the Agency. Cancellation may not occur,
3318
however, during the 120 days beginning on the date of receipt of
3319
the notice of cancellation by both the owner or operator and the
3320
Agency, as evidenced by the return receipts.
3321
3322
C)
That, if the owner or operator fails to provide alternate financial
3323
assurance, as specified in this Section, and obtain the written
3324
approval of such alternate assurance from the Agency within 90
3325
days after receipt by both the owner or operator and the Agency of
3326
a notice of cancellation of the corporate guarantee from the
3327
guarantor, the guarantor will provide such alternate financial
3328
assurance in the name of the owner or operator.
3329
3330
0
Use of multiple financial mechanisms. An owner or operator may satisfy the
3331
requirements of this Section by establishing more than one financial mechanism
3332
per facility. These mechanisms are limited to trust funds, surety bonds, letters of
3333
credit, and insurance. The mechanisms must be as specified in subsections (a)
3334
through (d) of this Section, respectively, except that it is the combination of
3335
mechanisms, rather than the single mechanism, that must provide financial
3336
assurance for an amount at least equal to the current post-closure cost estimate. If
3337
an owner or operator uses a trust fund in combination with a surety bond or a
3338
letter of credit, it may use the trust fund as the standby trust fund for the other
3339
mechanisms. A single standby trust fund may be established for two or more
3340
mechanisms. The Agency may use any or all of the mechanisms to provide for
3341
post-closure care of the facility.
3342
3343
Use of a financial mechanism for multiple facilities. An owner or operator may
3344
use a financial assurance mechanism specified in this Section to meet the
3345
requirements of this Section for more than one facility. Evidence of financial
3346
assurance submitted to the Agency must include a list showing, for each facility,
JCAR350725-0805429r01
3347
the USEPA Identification Number, name, address, and the amount of funds for
3348
post-closure care assured by the mechanism. The amount of funds available
3349
through the mechanism must be no less than the sum of funds that would be
3350
available if a separate mechanism had been established and maintained for each
3351
facility. The amount of funds available to the Agency must be sufficient to
3352
provide post-closure care for all of the owner or operator's facilities. In directing
3353
funds available through the mechanism for post-closure care of any of the
3354
facilities covered by the mechanism, the Agency may direct only the amount of
3355
funds designated for that facility, unless the owner or operator agrees to the use of
3356
additional funds available under the mechanism.
3357
3358
h)
Release of the owner or operator from the requirements of this Section. Within
3359
60 days after receiving certifications from the owner or operator and a qualified
3360
Professional Engineer
that the
3361
post-closure care period has been completed in accordance with the approved
3362
post-closure plan, the Agency must notify the owner or operator in writing that
3363
the owner or operator is no longer required by this Section to maintain financial
3364
assurance for post-closure care of that unit, unless the Agency determines that
3365
post-closure care has not been in accordance with the approved post-closure plan.
3366
The Agency must provide the owner or operator a detailed written statement of
3367
any such determination that post-closure care has not been in accordance with the
3368
approved post-closure plan.
3369
3370
i)
Appeal. The following Agency actions are deemed to be permit modifications or
3371
refusals to modify for purposes of appeal to the Board (35 Ill. Adm. Code
3372
702.184(e)(3)):
3373
3374
1)
An increase in, or a refusal to decrease the amount of, a bond, letter of
3375
credit, or insurance; or
3376
3377
2)
Requiring alternate assurance upon a finding that an owner or operator or
3378
parent corporation no longer meets a financial test.
3379
3380
(Source: Amended at 32 Ill. Reg.
, effective )
3381
3382
Section
725.247
Liability Requirements
3383
3384
a)
Coverage for sudden accidental occurrences. An owner or operator of a
3385
hazardous waste treatment, storage, or disposal facility, or a group of such
3386
facilities, must demonstrate financial responsibility for bodily injury and property
3387
damage to third parties caused by sudden accidental occurrences arising from
3388
operations of the facility or group of facilities. The owner or operator must have
3389
and maintain liability coverage for sudden accidental occurrences in the amount
JCAR350725-0805429r01
3390
of at least $1 million per occurrence with an annual aggregate of at least $2
3391
million, exclusive of legal defense costs. This liability coverage may be
3392
demonstrated, as specified in subsections (a)(1) through (a)(6) of this Section:
3393
3394
1)
An owner or operator may demonstrate the required liability coverage by
3395
having liability insurance, as specified in this subsection (a)(1).
3396
3397
A)
Each insurance policy must be amended by attachment of the
3398
Hazardous Waste Facility Liability Endorsement or evidenced by a
3399
Certificate of Liability Insurance. The wording of the endorsement
3400
and of the certificate of insurance must be as specified in 35 111.
3401
Adm. Code 724.251.
3402
must be as ..pccificd in 35 111. Adm. Codc 724.251. The owner or
3403
operator must submit a signed duplicate original of the
3404
endorsement or the certificate of insurance to the Agency. If
3405
requested by the Agency, the owner or operator must provide a
3406
signed duplicate original of the insurance policy.
3407
3408
B)
Each insurance policy must be issued by an insurer that is licensed
3409
by the Illinois Department of Financial and Professional
3410
Regulation, Division of Insurance.
3411
3412
2)
An owner or operator may meet the requirements of this Section by
3413
passing a financial test or using the guarantee for liability coverage, as
3414
specified in subsections (1) and (g) of this Section.
3415
3416
3)
An owner or operator may meet the requirements of this Section by
3417
obtaining a letter of credit for liability coverage, as specified in subsection
3418
(h) of this Section.
3419
3420
4)
An owner or operator may meet the requirements of this Section by
3421
obtaining a surety bond for liability coverage, as specified in subsection (i)
3422
of this Section.
3423
3424
5)
An owner or operator may meet the requirements of this Section by
3425
obtaining a trust fund for liability coverage, as specified in subsection (j)
3426
of this Section.
3427
3428
6)
An owner or operator may demonstrate the required liability coverage
3429
through the use of combinations of insurance, financial test, guarantee,
3430
letter of credit, surety bond, and trust fund, except that the owner or
3431
operator may not combine a financial test covering part of the liability
3432
coverage requirement with a guarantee unless the financial statement of
JCAR350725-0805429r01
3433
the owner or operator is not consolidated with the financial statement of
3434
the guarantor. The amounts of coverage demonstrated must total at least
3435
the minimum amounts required by this Section. If the owner or operator
3436
demonstrates the required coverage through the use of a combination of
3437
financial assurances pursuant to this subsection (a)(41(6@, the owner or
3438
operator must specify at least one such assurance as "primary" coverage,
3439
and must specify other such assurance as "excess" coverage.
3440
3441
7)
An owner or operator must notify the Agency within 30 days whenever
3442
one of the following occurs:
3443
3444
A)
A claim results in a reduction in the amount of financial assurance
3445
for liability coverage provided by a financial instrument authorized
3446
in subsections (a)(I) through (a)(6) of this Section;
3447
3448
B)
A Certification of Valid Claim for bodily injury or property
3449
damages caused by sudden or non-sudden accidental occurrence
3450
arising from the operation of a hazardous waste treatment, storage,
3451
or disposal facility is entered between the owner or operator and
3452
third-party claimant for liability coverage pursuant to subsections
3453
(a)(1) through (a)(6) of this Section; or
3454
3455
C)
A final court order establishing a judgment for bodily injury or
3456
property damage caused by a sudden or non-sudden accidental
3457
occurrence arising from the operation of a hazardous waste
3458
treatment, storage, or disposal facility is issued against the owner
3459
or operator or an instrument that is providing financial assurance
3460
for liability coverage pursuant to subsections (a)(1) through (a)(6)
3461
of this Section.
3462
3463
b)
Coverage for nonsudden accidental occurrences. An owner or operator of a
3464
surface impoundment, landfill, or land treatment facility that is used to manage
3465
hazardous waste, or a group of such facilities, must demonstrate financial
3466
responsibility for bodily injury and property damage to third parties caused by
3467
nonsudden accidental occurrences arising from operations of the facility or group
3468
of facilities. The owner or operator must have and maintain liability coverage for
3469
nonsudden accidental occurrences in the amount of at least $3 million per
3470
occurrence with an annual aggregate of at least $6 million, exclusive of legal
3471
defense costs. An owner or operator meeting the requirements of this Section
3472
may combine the required per-occurrence coverage levels for sudden and
3473
nonsudden accidental occurrences into a single per-occurrence level, and combine
3474
the required annual aggregate coverage levels for sudden and nonsudden
3475
accidental occurrences into a single annual aggregate level. An owner or operator
JCAR350725-0805429r01
3476
that combines coverage levels for sudden and nonsudden accidental occurrences
3477
must maintain liability coverage in the amount of at least $4 million per
3478
occurrence and $8 million annual aggregate. This liability coverage may be
3479
demonstrated, as specified in subsections (b)(1) through (b)(6) of this Section:
3480
3481
1)
An owner or operator may demonstrate the required liability coverage by
3482
having liability insurance, as specified in this subsection (b)(1).
3483
3484
A)
Each insurance policy must be amended by attachment of the
3485
Hazardous Waste Facility Liability Endorsement or evidenced by a
3486
Certificate of Liability Insurance. The wording of the endorsement
3487
must be as specified in 35 Ill. Adm. Code 724.251. The wording
3488
of the certificate of insurance must be as specified in 35 III. Adm.
3489
Code 724.251. The owner or operator must submit a signed
3490
duplicate original of the endorsement or the certificate of insurance
3491
to the Agency. If requested by the Agency, the owner or operator
3492
must provide a signed duplicate original of the insurance policy.
3493
3494
B)
Each insurance policy must be issued by an insurer that is licensed
3495
by the Illinois Department of Financial and Professional
3496
Regulation, Division of Insurance.
3497
3498
2)
An owner or operator may meet the requirements of this Section by
3499
passing a financial test or using the guarantee for liability coverage, as
3500
specified in subsections (f) and (g) of this Section.
3501
3502
3)
An owner or operator may meet the requirements of this Section by
3503
obtaining a letter of credit for liability coverage, as specified in subsection
3504
(h) of this Section.
3505
3506
4)
An owner or operator may meet the requirements of this Section by
3507
obtaining a surety bond for liability coverage, as specified in subsection (i)
3508
of this Section.
3509
3510
5)
An owner or operator may meet the requirements of this Section by
3511
obtaining a trust fund for liability coverage, as specified in subsection (j)
3512
of this Section.
3513
3514
6)
An owner or operator may demonstrate the required liability coverage
3515
through the use of combinations of insurance, financial test, guarantee,
3516
letter of credit, surety bond, and trust fund, except that the owner or
3517
operator may not combine a financial test covering part of the liability
3518
coverage requirement with a guarantee unless the financial statement of
JCAR350725-0805429r01
3519
the owner or operator is not consolidated with the financial statement of
3520
the guarantor. The amounts of coverage demonstrated must total at least
3521
the minimum amounts required by this Section. If the owner or operator
3522
demonstrates the required coverage through the use of a combination of
3523
financial assurances pursuant to this subsection (b)(6), the owner or
3524
operator must specify at least one such assurance as "primary" coverage,
3525
and must specify other such assurance as "excess" coverage.
3526
3527
7)
An owner or operator must notify the Agency within 30 days whenever
3528
one of the following occurs:
3529
3530
A)
A claim results in a reduction in the amount of financial assurance
3531
for liability coverage provided by a financial instrument authorized
3532
in subsections (b)(1) through (b)(6) of this Section;
3533
3534
B)
A Certification of Valid Claim for bodily injury or property
3535
damages caused by sudden or non-sudden accidental occurrence
3536
arising from the operation of a hazardous waste treatment, storage,
3537
or disposal facility is entered between the owner or operator and
3538
third-party claimant for liability coverage pursuant to subsections
3539
(b)(1) through (b)(6) of this Section; or
3540
3541
C)
A final court order establishing a judgment for bodily injury or
3542
property damage caused by a sudden or non-sudden accidental
3543
occurrence arising from the operation of a hazardous waste
3544
treatment, storage, or disposal facility is issued against the owner
3545
or operator or an instrument that is providing financial assurance
3546
for liability coverage pursuant to subsections (b)(1) through (b)(6)
3547
of this Section.
3548
3549
c)
Request for adjusted level of required liability coverage. If an owner or operator
3550
demonstrates to the Agency that the levels of financial responsibility required by
3551
subsections (a) or (b) of this Section are not consistent with the degree and
3552
duration of risk associated with treatment, storage, or disposal at the facility or
3553
group of facilities, the owner or operator may obtain an adjusted level of required
3554
liability coverage from the Agency. The request for an adjusted level of required
3555
liability coverage must be submitted in writing to the Agency. If granted, the
3556
Agency's action must take the form of an adjusted level of required liability
3557
coverage, such level to be based on the Agency assessment of the degree and
3558
duration of risk associated with the ownership or operation of the facility or group
3559
of facilities. The Agency may require an owner or operator that requests an
3560
adjusted level of required liability coverage to provide such technical and
3561
engineering information as is necessary to determine a level of financial
JCAR350725-0805429r01
3562
responsibility other than that required by subsection (a) or (b) of this Section. The
3563
Agency must process any request for an adjusted level of required liability
3564
coverage as if it were a permit modification request pursuant to 35 III. Adm. Code
3565
703.271(e)(3) and 705.128. Notwithstanding any other provision, the Agency
3566
must hold a public hearing whenever it finds, on the basis of requests, a
3567
significant degree of public interest in a tentative decision to grant an adjusted
3568
level of required liability insurance. The Agency may also hold a public hearing
3569
at its discretion whenever such a hearing might clarify one or more issues
3570
involved in the tentative decision.
3571
3572
d)
Adjustments by the Agency. If the Agency determines that the levels of financial
3573
responsibility required by subsection (a) or (b) of this Section are not consistent
3574
with the degree and duration of risk associated with treatment, storage, or disposal
3575
at the facility or group of facilities, the Agency must adjust the level of financial
3576
responsibility required pursuant to subsection (a) or (b) of this Section as may be
3577
necessary to adequately protect human health and the environment. This adjusted
3578
level must be based on the Agency's assessment of the degree and duration of risk
3579
associated with the ownership or operation of the facility or group of facilities. In
3580
addition, if the Agency determines that there is a significant risk to human health
3581
and the environment from non-sudden accidental occurrences resulting from the
3582
operations of a facility that is not a surface impoundment, landfill or land
3583
treatment facility, the Agency may require that an owner or operator of the facility
3584
comply with subsection (b) of this Section. An owner or operator must furnish to
3585
the Agency, within a time specified by the Agency in the request, which must not
3586
be less than 30 days, any information that the Agency requests to determine
3587
whether cause exists for such adjustments of level or type of coverage. The
3588
Agency must process any request for an adjusted level of required liability
3589
coverage as if it were a permit modification request pursuant to 35 Ill. Adm. Code
3590
703.271(e)(3) and 705.128. Notwithstanding any other provision, the Agency
3591
must hold a public hearing whenever it finds, on the basis of requests, a
3592
significant degree of public interest in a tentative decision to grant an adjusted
3593
level of required liability insurance. The Agency may also hold a public hearing
3594
at its discretion whenever such a hearing might clarify one or more issues
3595
involved in the tentative decision.
3596
3597
e)
Period of coverage. Within 60 days after receiving certifications from the owner
3598
or operator and a qualified Professional Engineeran independent registered
3599
pfelfeSSii3flakeligineef
that final closure has been completed in accordance with the
3600
approved closure plan, the Agency must notify the owner or operator in writing
3601
that the owner or operator is no longer required by this Section to maintain
3602
liability coverage for that facility, unless the Agency determines that closure has
3603
not been in accordance with the approved closure plan.
3604
JCAR350725-0805429r01
3605
0
Financial test for liability coverage.
3606
3607
1)
An owner or operator may satisfy the requirements of this Section by
3608
demonstrating that the owner or operator passes a financial test, as
3609
specified in this subsection (0(1). To pass this test the owner or operator
3610
must meet the criteria of subsection (f)(1)(A) or (0(1)(B) of this Section:
3611
3612
A)
The owner or operator must have each of the following:
3613
3614
i)
Net working capital and tangible net worth each at least six
3615
times the amount of liability coverage to be demonstrated
3616
by this test;
3617
3618
Tangible net worth of at least $10 million; and
3619
3620
Assets in the United States amounting to either: at least 90
3621
percent of total assets; or at least six times the amount of
3622
liability coverage to be demonstrated by this test.
3623
3624
B)
The owner or operator must have each of the following:
3625
3626
i)
A current rating for the owner or operator's most recent
3627
bond issuance of AAA, AA, A, or BBB, as issued by
3628
Standard and Poor's, or Aaa, Aa, A, or Baa, as issued by
3629
Moody's;
3630
3631
ii)
Tangible net worth of at least $10 million;
3632
3633
iii)
Tangible net worth at least six times the amount of liability
3634
coverage to be demonstrated by this test; and
3635
3636
iv)
Assets in the United States amounting to either of the
3637
following: at least 90 percent of total assets or at least six
3638
times the amount of liability coverage to be demonstrated
3639
by this test.
3640
3641
2)
The phrase "amount of liability coverage," as used in subsection (0(1) of
3642
this Section, refers to the annual aggregate amounts for which coverage is
3643
required pursuant to subsections (a) and (b) of this Section.
3644
3645
3)
To demonstrate that the owner or operator meets this test, the owner or
3646
operator must submit each of the following three items to the Agency:
3647
JCAR350725-0805429r01
3648
A)
A letter signed by the owner's or operator's chief financial officer
3649
and worded as specified in 35 Ill. Adm. Code 724.251. If an
3650
owner or operator is using the financial test to demonstrate both
3651
assurance for closure or post-closure care, as specified by 35 Ill.
3652
Adm. Code 724.243(f) and 724.245(f), or by Sections 725.243(e)
3653
and 725.245(e), and liability coverage, it must submit the letter
3654
specified in 35 III. Adm. Code 724.251 to cover both forms of
3655
financial responsibility; a separate letter, as specified in 35 III.
3656
Adm. Code 724.251 is not required.
3657
3658
B)
A copy of the independent certified public accountant's report on
3659
examination of the owner's or operator's financial statements for
3660
the latest completed fiscal year.
3661
3662
C)
A special report from the owner's or operator's independent
3663
certified public accountant to the owner or operator stating as
3664
follows:
3665
3666
i)
That the accountant has compared the data that the letter
3667
from the chief financial officer specifies as having been
3668
derived from the independently audited, year-end financial
3669
statements for the latest fiscal year with the amounts in
3670
such financial statements; and
3671
3672
In connection with that procedure, that no matters came to
3673
the accountant's attention that caused the accountant to
3674
believe that the specified data should be adjusted.
3675
3676
5)
After the initial submission of items specified in subsection (f)(3) of this
3677
Section, the owner or operator must send updated information to the
3678
Agency within 90 days after the close of each succeeding fiscal year. This
3679
information must consist of all three items specified in subsection (f)(3) of
3680
this Section.
3681
3682
6)
If the owner or operator no longer meets the requirements of subsection
3683
(f)(1) of this Section, the owner or operator must obtain insurance, a letter
3684
of credit, a surety bond, a trust fund, or a guarantee for the entire amount
3685
of required liability coverage, as specified in this Section. Evidence of
3686
insurance must be submitted to the Agency within 90 days after the end of
3687
the fiscal year for which the year-end financial data show that the owner
3688
or operator no longer meets the test requirements.
3689
3690
7)
The Agency may disallow use of this test on the basis of qualifications in
JCAR350725-0805429r01
3691
the opinion expressed by the independent certified public accountant in the
3692
accountant's report on examination of the owner's or operator's financial
3693
statements (see subsection (f)(3)(B) of this Section). An adverse opinion
3694
or a disclaimer of opinion is cause for disallowance. The Agency must
3695
evaluate other qualifications on an individual basis. The owner or
3696
operator must provide evidence of insurance for the entire amount of
3697
required liability coverage, as specified in this Section, within 30 days
3698
after notification of disallowance.
3699
3700
Guarantee for liability coverage.
3701
3702
1)
Subject to subsection (g)(2) of this Section, an owner or operator may
3703
meet the requirements of this Section by obtaining a written guarantee,
3704
referred to as a " guarantee." The guarantor must be the direct or higher-
3705
tier parent corporation of the owner or operator, a firm whose parent
3706
corporation is also the parent corporation of the owner or operator, or a
3707
firm with a "substantial business relationship" with the owner or operator.
3708
The guarantor must meet the requirements for owners and operators in
3709
subsections W(1) through (0(6) of this Section. The wording of the
3710
guarantee must be as specified in 35 Ill. Adm. Code 724.251. A certified
3711
copy of the guarantee must accompany the items sent to the Agency as
3712
specified in subsection (0(3) of this Section. One of these items must be
3713
the letter from the guarantor's chief financial officer. If the guarantor's
3714
parent corporation is also the parent corporation of the owner or operator,
3715
this letter must describe the value received in consideration of the
3716
guarantee. If the guarantor is a firm with a "substantial business
3717
relationship" with the owner or operator, this letter must describe this
3718
"substantial business relationship" and the value received in consideration
3719
of the guarantee. The terms of the guarantee must provide as follows:
3720
3721
A)
If the owner or operator fails to satisfy a judgment based on a
3722
determination of liability for bodily injury or property damage to
3723
third parties caused by sudden or nonsudden accidental
3724
occurrences (or both as the case may be), arising from the
3725
operation of facilities covered by this guarantee, or fails to pay an
3726
amount agreed to in settlement of claims arising from or alleged to
3727
arise from such injury or damage, the guarantor will do so up to the
3728
limits of coverage.
3729
3730
B)
The guarantee remains in force unless the guarantor sends notice of
3731
cancellation by certified mail to the owner or operator and to the
3732
Agency. The guarantee must not be terminated unless and until the
3733
Agency approves alternate liability coverage complying with
JCAR350725-0805429r01
3734
Section 725.247 or 35 III. Adm. Code 724.247.
3735
3736
2)
The guarantor must execute the guarantee in Illinois. The guarantee must
3737
be accompanied by a letter signed by the guarantor that states as follows:
3738
3739
A)
The guarantee was signed in Illinois by an authorized agent of the
3740
guarantor;
3741
3742
B)
The guarantee is governed by Illinois law; and
3743
3744
C)
The name and address of the guarantor's registered agent for
3745
service of process.
3746
3747
3)
The guarantor must have a registered agent pursuant to Section 5.05 of the
3748
Business Corporation Act of 1983 [805 ILCS 5/5.05] or Section 105.05 of
3749
the General Not-for-Profit Corporation Act of 1986 [805 ILCS
3750
105/105.05].
3751
3752
h)
Letter of credit for liability coverage.
3753
3754
1)
An owner or operator may satisfy the requirements of this Section by
3755
obtaining an irrevocable standby letter of credit that conforms to the
3756
requirements of this subsection, and submitting a copy of the letter of
3757
credit to the Agency.
3758
3759
2)
The financial institution issuing the letter of credit must be an entity that
3760
has the authority to issue letters of credit and whose letter of credit
3761
operations are regulated and examined by the Illinois Commissioner of
3762
Banks and Trust Companies.
3763
3764
3)
The wording of the letter of credit must be as specified in 35 Ill. Adm.
3765
Code 724.251.
3766
3767
4)
An owner or operator that uses a letter of credit to satisfy the requirements
3768
of this Section may also establish a trust fund. Under the terms of such a
3769
letter of credit, all amounts paid pursuant to a draft by the trustee of the
3770
standby trust will be deposited by the issuing institution into the standby
3771
trust in accordance with instructions from the trustee. The trustee of the
3772
standby trust fund must be an entity that has the authority to act as a
3773
trustee and whose trust operations are regulated and examined by the
3774
Illinois Commissioner of Banks and Trust Companies, or that complies
3775
with the Corporate Fiduciary Act [205 ILCS 620].
3776
JCAR350725-0805429r01
3777
5)
The wording of the standby trust fund must be identical to the wording
3778
specified in 35 III. Adm. Code 724.251(n).
3779
3780
Surety bond for liability coverage.
3781
3782
1)
An owner or operator may satisfy the requirements of this Section by
3783
obtaining a surety bond that conforms to the requirements of this
3784
subsection (i) and submitting a copy of the bond to the Agency.
3785
3786
2)
The surety company issuing the bond must be licensed by the Illinois
3787
Department of Financial and Professional Regulation, Division of
3788
Insurance.
3789
3790
3)
The wording of the surety bond must be as specified in 35 III. Adm. Code
3791
724.251.
3792
3793
j)
Trust fund for liability coverage.
3794
3795
1)
An owner or operator may satisfy the requirements of this Section by
3796
establishing a trust fund that conforms to the requirements of this
3797
subsection and submitting a signed, duplicate original of the trust
3798
agreement to the Agency.
3799
3800
2)
The trustee must be an entity that has the authority to act as a trustee and
3801
whose trust operations are regulated and examined by the Illinois
3802
Commissioner of Banks and Trust Companies, or that complies with the
3803
Corporate Fiduciary Act [205 ILCS 620].
3804
3805
3)
The trust fund for liability coverage must be funded for the full amount of
3806
the liability coverage to be provided by the trust fund before it may be
3807
relied upon to satisfy the requirements of this Section. If at any time after
3808
the trust fund is created the amount of funds in the trust fund is reduced
3809
below the full amount of liability coverage to be provided, the owner or
3810
operator, by the anniversary of the date of establishment of the fund, must
3811
either add sufficient funds to the trust fund to cause its value to equal the
3812
full amount of liability coverage to be provided, or obtain other financial
3813
assurance, as specified in this Section, to cover the difference. For
3814
purposes of this subsection, "the full amount of the liability coverage to be
3815
provided" means the amount of coverage for sudden and nonsudden
3816
accidental occurrences required to be provided by the owner or operator
3817
by this Section, less the amount of financial assurance for liability
3818
coverage that is being provided by other financial assurance mechanisms
3819
being used to demonstrate financial assurance by the owner or operator.
JCAR350725-0805429r01
3820
3821
4)
The wording of the trust fund must be as specified in 35 Ill. Adm. Code
3822
724.251.
3823
3824
(Source: Amended at 32 III. Reg.
, effective
)
3825
3826
SUBPART I: USE AND MANAGEMENT OF CONTAINERS
3827
3828
Section
725.274
Inspections
3829
3830
At least weekly theThe owner or operator must inspect areas where containers are stored at least
3831 weekly,1eeking-except for the owner or operator of a Performance Track member facility, which
3832 must conduct inspections at least once each month after approval by the Agency. To apply for
3833
reduced inspection frequency, the owner or operator of the Performance Track member facility
3834
must follow the rocedures described in Section 725.115 b 5 . The owner or o erator must
3835
look
for
leaking containers and for deterioration of containers
?
t?
:?
r. caused
3836
by corrosion or other factors.
3837
3838 BOARD NOTE: See Section 725.271 for remedial action required if deterioration or leaks are
3839
detected.
3840
3841
(Source: Amended at 32 Ill. Reg.
, effective
3842
3843
SUBPART J: TANK SYSTEMS
3844
3845
Section
725.291
Assessment of Existing Tank System Integrity
3846
3847 a)
For each existing tank system that does not have secondary containment meeting
3848
the requirements of Section 725.293, the owner or operator must determine either
3849
that the tank system is not leaking or that it is unfit for use. Except as provided in
3850
subsection (c), the owner or operator must, after January 12, 1988, obtain and
3851
keep on file at the facility a written assessment reviewed and certified by aan
3852
independent; qualified
Professional Engineer,
3853
accordance with 35 III. Adm. Code 702.126(d), that attests to the tank system's
3854
integrity.
3855
3856 b)
This assessment must determine whether the tank system is adequately designed
3857
and has sufficient structural strength and compatibility with the wastes to be
3858
stored or treated to ensure that it will not collapse, rupture, or fail. At a minimum,
3859
this assessment must consider the following:
3860
3861
1)
Design standards, if available, according to which the tank and ancillary
3862
equipment were constructed;
JCAR350725-0805429r01
3863
3864
2)
Hazardous characteristics of the wastes that have been or will be handled;
3865
3866
3)
Existing corrosion protection measures;
3867
3868
4)
Documented age of the tank system, if available, (otherwise, an estimate
3869
of the age); and
3870
3871
5)
Results of a leak test, internal inspection, or other tank integrity
3872
examination, such that the following conditions are met:
3873
3874
A)
For non-enterable underground tanks, this assessment must consist
3875
of a leak test that is capable of taking into account the effects of
3876
temperature variations, tank end deflection, vapor pocket, and high
3877
water table effects.
3878
3879
B)
For other than non-enterable underground tanks and for ancillary
3880
equipment, this assessment must be either a leak test, as described
3881
above, or an internal inspection or other tank integrity examination
3882
certified by aftwindepenelenti
qualified Professional Engineer,
3883
in accordance with 35 III. Adm.
3884
Code 702.126(d), that addresses cracks, leaks, corrosion, and
3885
erosion.
3886
3887
BOARD NOTE: The practices described in the American Petroleum
3888
Institute (API) Publication, "Guide for Inspection of Refinery Equipment,"
3889
Chapter XIII, "Atmospheric and Low-Pressure Storage Tanks,"
3890
incorporated by reference in 35 III. Adm. Code 720.111(a), may be used,
3891
where applicable, as guidelines in conducting the integrity examination of
3892
an other than non-enterable underground tank system.
3893
3894
c)
Tank systems that store or treat materials that become hazardous wastes
3895
subsequent to July 14, 1986 must conduct this assessment within 12 months after
3896
the date that the waste becomes a hazardous waste.
3897
3898
d)
If, as a result of the assessment conducted in accordance with subsection (a) of
3899
this Section, a tank system is found to be leaking or unfit for use, the owner or
3900
operator must comply with the requirements of Sections 725.296.
3901
3902
(Source: Amended at 32 Ill. Reg.
, effective
)
3903
3904
Section
725.292
Design and Installation of New Tank Systems or Components
3905
JCAR350725-0805429r01
3906
?
a)
?
An owner or operator of a new tank system or component must ensure that the
3907
?
foundation, structural support, seams, connections, and pressure controls (if
3908
?
applicable) are adequately designed and that the tank system has sufficient
3909
?
structural strength, compatibility with the wastes to be stored or treated, and
3910
?
corrosion protection so that it will not collapse, rupture, or fail. The owner or
3911
?
operator must obtain a written assessment reviewed and certified by aari
3912
?
indefteedent7 qualified Professional Engineer, registered professional engineer in
3913?
accordance with 35 Ill. Adm. Code 702.126(d), attesting that the system has
3914
?
sufficient structural integrity and is acceptable for the storing and treating of
3915
?
hazardous waste. This assessment must include, at a
minimum,
the following
3916?
information:
3917
3918?
1)?
Design standards according to which the tanks and ancillary equipment is
3919
?
or will be constructed.
3920
3921
?
2)?
Hazardous characteristics of the wastes to be handled.
3922
3923
?
3)?
For new tank systems or components in which the external shell of a metal
3924
?
tank or any external metal component of the tank system is or will be in
3925
?
contact with the soil or with water, a determination by a corrosion expert
3926
?
of the following:
3927
3928
?
A)
?
Factors affecting the potential for corrosion, including but not
3929
?
limited to the following:
3930
3931
?
i)
?
Soil moisture content;
3932
3933
?
ii)?
Soil pH;
3934
3935?
iii)?
Soil sulfides level;
3936
3937?
iv)
?
Soil resistivity;
3938
3939?
v)?
Structure to soil potential;
3940
3941
?
vi)?
Influence of nearby underground metal structures (e.g.,
3942
?
piping);
3943
3944?
vii)
?
Stray electric current;
3945
3946?
viii) Existing corrosion-protection measures (e.g., coating,
3947?
cathodic protection, etc.); and
3948
JCAR350725-0805429r01
3949
B)
The type and degree of external corrosion protection that are
3950
needed to ensure the integrity of the tank system during the use of
3951
the tank system or component, consisting of one or more of the
3952
following:
3953
3954
i)
Corrosion-resistant materials of construction such as
3955
special alloys, or fiberglass-reinforced plastic;
3956
3957
ii)
Corrosion-resistant coating (such as epoxy, fiberglass, etc.)
3958
with cathodic protection (e.g., impressed current or
3959
sacrificial anodes); and
3960
3961
iii)
Electrical isolation devices such as insulating joints and
3962
flanges, etc.
3963
3964
BOARD NOTE: The practices described in the National
3965
Association of Corrosion Engineers (NACE) Standard, "Control of
3966
External Corrosion on Metallic Buried, Partially Buried, or
3967
Submerged Liquid Storage Systems," NACE Recommended
3968
Practice RP0285, and "Cathodic Protection of Underground
3969
Petroleum Storage Tanks and Piping Systems," API
3970
Recommended Practice 1632, each incorporated by reference in
3971
35 Ill. Adm. Code 720.111(a), may be used, where applicable, as
3972
guidelines in providing corrosion protection for tank systems.
3973
3974
4)
For underground tank system components that are likely to be affected by
3975
vehicular traffic, a determination of design or operational measures that
3976
will protect the tank system against potential damage; and
3977
3978
5)
Design considerations to ensure the following:
3979
3980
A)
Tank foundations will maintain the load of a full tank;
3981
3982
B)
Tank systems will be anchored to prevent flotation or
3983
dislodgement where the tank system is placed in a saturated zone,
3984
or is located within a seismic fault zone; and
3985
3986
C)
Tank systems will withstand the effects of frost heave.
3987
3988
b)
The owner and operator of a new tank system must ensure that proper handling
3989
procedures are
adhered to in order to prevent damage
to the system during
3990
installation. Prior to covering, enclosing or placing a new tank system or
3991
component in use, an independent, qualified installation inspector or ann
JCAR350725-0805429r01
3992
independent, qualified Professional Engineer, registered professional engineer,
3993
either of whom is trained and experienced in the proper installation of tank
3994
systems or components, must inspect the system or component for the presence of
3995
any of the following items:
3996
3997
1)
Weld breaks;
3998
3999
2)
Punctures;
4000
4001
3)
Scrapes of protective coatings;
4002
4003
4)
Cracks;
4004
4005
5)
Corrosion; and
4006
4007
6)
Other structural damage or inadequate construction or installation. All
4008
discrepancies must be remedied before the tank system is covered,
4009
enclosed, or placed in use.
4010
4011
c)
New tank systems or components and piping that are placed underground and
4012
which are backfilled must be provided with a backfill material that is a
4013
noncorrosive, porous, and homogeneous substance which is carefully installed so
4014
that the backfill is placed completely around the tank and compacted to ensure
4015
that the tank and piping are fully and uniformly supported.
4016
4017
d)
All new tanks and ancillary equipment must be tested for tightness prior to being
4018
covered, enclosed or placed in use. If a tank system is found not to be tight, all
4019
repairs necessary to remedy the leaks in the system must be performed prior to the
4020
tank system being covered, enclosed, or placed in use.
4021
4022
e)
Ancillary equipment must be supported and protected against physical damage
4023
and excessive stress due to settlement, vibration, expansion, or contraction.
4024
4025
BOARD NOTE: The piping system installation procedures described in
4026
"Installation of Underground Petroleum Storage Systems," API Recommended
4027
Practice 1615, or "Chemical Plant and Petroleum Refinery Piping," ASME/ANSI
4028
Standard B31.3-1987, as supplemented by B31.3a-1988 and B31.3b-1988, each
4029
incorporated by reference in 35 Ill. Adm. Code 720.111(a), may be used where
4030
applicable, as guidelines for proper installation of piping systems.
4031
4032
The owner and operator must provide the type and degree of corrosion protection
4033
necessary, based on the information provided under subsection (a)(3) of this
4034
Section, to ensure the integrity of the tank system during use of the tanks system.
JCAR350725-0805429r01
4035
An independent corrosion expert must supervise the installation of a corrosion
4036
protection system that is field fabricated to ensure proper installation.
4037
4038
The owner and operator must obtain and keep on file at the facility written
4039
statements by those persons required to certify the design of the tank system and
4040
supervise the installation of the tank system in accordance with the requirements
4041
of subsections (b) through (f) of this Section to attest that the tank system was
4042
properly designed and installed and that repairs, pursuant to subsections (b) and
4043
(d) of this Section were performed. These written statements must also include
4044
the certification statement, as required in 35 III. Adm. Code 702.126(d).
4045
4046
(Source: Amended at 32 III. Reg.
, effective )
4047
4048
Section
725.293
Containment and Detection of Releases
4049
4050
a)
In order to prevent the release of hazardous waste or hazardous constituents to the
4051
environment, secondary containment that meets the requirements of this Section
4052
must be provided (except as provided in subsections (1) and (g) of this Section).
4053
4054
1)
For a new or existing tank system or component, prior to its being put into
4055
service,;
4056
4057
2)
For all existing tanks used to store or tr at USEPA hazardous Waste
4058
Numbers F020, F021, F022, F023,1
-
026, and F027, as defined in 35 III.
4059
Adm. Code 721.131, within two y rs after January 12, 1987;
4060
4061
3-)
15 years of age, whichever come later;
4)
For those existing tank systems for which the age cannot be documented,
within eight y ars of January 12, 1987; but if the age of the facility is
1987, whichever comes later; and
25)
For a tank systemsystems that storesotore or treatstr at materials that
become hazardous wastes subsequent to Januafy-1-249-8-7, within two
years after the hazardous waste listing, or when the tank system has
reached 15 years of age, whichever comes laterthe time intervals required
in subsections (a)(1) through (a)(4) of this Section, except that the date
January 12, 1987.
4062
4063
4064
4065
4066
4067
4068
4069
4070
4071
4072
4073
4074
4075
4076
4077
JCAR350725-0805429r01
4078
4079 b)
Secondary containment systems must be as follows:
4080
4081
1)
Designed, installed, and operated to prevent any migration of wastes or
4082
accumulated liquid out of the system to the soil, groundwater, or surface
4083
water at any time during the use of the tank system; and
4084
4085
2)
Capable of detecting and collecting releases and accumulated liquids until
4086
the collected material is removed.
4087
4088
c)
To meet the requirements of subsection (b) of this Section, secondary containment
4089
systems must be at a minimum as follows:
4090
4091
I)
Constructed of or lined with materials that are compatible with the wastes
4092
to be placed in the tank system and of sufficient strength and thickness to
4093
prevent failure due to pressure gradients (including static head and
4094
external hydrological forces), physical contact with the waste to which
4095
they are exposed, climatic conditions, the stress of installation, and the
4096
stress of daily operation (including stresses from nearby vehicular traffic);
4097
4098
2)
Placed on a foundation or base capable of providing support to the
4099
secondary containment system and resistance to pressure gradients above
4100
and below the system and capable of preventing failure due to settlement,
4101
compression, or uplift;
4102
4103
3)
Provided with a leak detection system that is designed and operated so that
4104
it will detect the failure of either the primary and secondary containment
4105
structure or any release of hazardous waste or accumulated liquid in the
4106
secondary containment system within 24 hours, or as otherwise provided
4107
in the RCRA permit if the operator has demonstrated to the Agency, by
4108
way of permit application, that the existing detection technology or site
4109
conditions will not allow detection of a release within 24 hours;
4110
4111
4)
Sloped or otherwise designed or operated to drain and remove liquids
4112
resulting from leaks, spills, or precipitation. Spilled or leaked waste and
4113
accumulated precipitation must be removed from the secondary
4114
containment system within 24 hours, or as otherwise provided in the
4115
RCRA permit if the operator has demonstrated to the Agency, by way of
4116
permit application, that removal of the released waste or accumulated
4117
precipitation cannot be accomplished within 24 hours.
4118
4119
BOARD NOTE: If the collected material is a hazardous waste under 35
4120
Ill. Adm. Code 721, it is subject to management as a hazardous waste in
JCAR350725-0805429r01
4121
accordance with all applicable requirements of 35 III. Adm. Code 722
4122
through 728. If the collected material is discharged through a point source
4123
to waters of the State, it is subject to the NPDES permit requirement of
4124
Section 12(0 of the Environmental Protection Act and 35 Ill. Adm. Code
4125
309. If discharged to a Publicly Owned Treatment Works (POTW), it is
4126
subject to the requirements of 35 Ill. Adm. Code 307 and 310. If the
4127
collected material is released to the environment, it may be subject to the
4128
reporting requirements of 35 Ill. Adm. Code 750.410 and federal 40 CFR
4129
302.6.
4130
4131
d)
Secondary containment for tanks must include one or more of the following
4132
devices:
4133
4134
1)
A liner (external to the tank);
4135
4136
2)
A vault;
4137
4138
3)
A double-walled tank; or
4139
4140
4)
An equivalent device as approved by the Board in an adjusted standards
4141
proceeding.
4142
4143
e)
In addition to the requirements of subsections (b), (c), and (d), secondary
4144
containment systems must satisfy the following requirements:
4145
4146
1)
External liner systems must be as follows:
4147
4148
A)
Designed or operated to contain 100 percent of the capacity of the
4149
largest tank within the liner system's boundary;
4150
4151
B)
Designed or operated to prevent run-on or infiltration of
4152
precipitation into the secondary containment system, unless the
4153
collection system has sufficient excess capacity to contain run-on
4154
or infiltration. Such additional capacity must be sufficient to
4155
contain precipitation from a 25-year, 24-hour rainfall event;
4156
4157
C)
Free of cracks or gaps; and
4158
4159
D)
Designed and installed to completely surround the tank and to
4160
cover all surrounding earth likely to come into contact with the
4161
waste if released from the tanks (i.e., capable of preventing lateral
4162
as well as vertical migration of the waste).
4163
JCAR350725-0805429r01
4164
2)
Vault systems must be as follows:
4165
4166
A)
Designed or operated to contain 100 percent of the capacity of the
4167
largest tank within the vault system's boundary;
4168
4169
B)
Designed or operated to prevent run-on or infiltration of
4170
precipitation into the secondary containment system, unless the
4171
collection system has sufficient excess capacity to contain run-on
4172
or infiltration. Such additional capacity must be sufficient to
4173
contain precipitation from a 25-year, 24-hour rainfall event;
4174
4175
C)
Constructed with chemical-resistant water stops in place at all
4176
joints (if any);
4177
4178
D)
Provided with an impermeable interior coating or lining that is
4179
compatible with the stored waste and that will prevent migration of
4180
waste into the concrete;
4181
4182
E)
Provided with a means to protect against the formation of and
4183
ignition of vapors within the vault, if the waste being stored or
4184
treated:
4185
4186
i)
Meets the definition of ignitable waste under 35 Ill. Adm.
4187
Code 721.121; or
4188
4189
Meets the definition of reactive waste under 35 Ill. Adm.
4190
Code 721.123 and may form an ignitable or explosive
4191
vapor; and
4192
4193
F)
Provided with an exterior moisture barrier or be otherwise
4194
designed or operated to prevent migration of moisture into the
4195
vault if the vault is subject to hydraulic pressure.
4196
4197
3)
Double-walled tanks must be as follows:
4198
4199
A)
Designed as an integral structure (i.e., an inner tank within an outer
4200
shell) so that any release from the inner tank is contained by the
4201
outer shell;
4202
4203
B)
Protected, if constructed of metal, from both corrosion of the
4204
primary tank interior and the external surface of the outer shell;
4205
and
4206
JCAR350725-0805429r01
4207
C)
Provided with a built-in continuous leak detection system capable
4208
of detecting a release within 24 hours or as otherwise provided in
4209
the RCRA permit if the operator has demonstrated to the Agency,
4210
by way of permit application, that the existing leak detection
4211
technology or site conditions will not allow detection of a release
4212
within 24 hours.
4213
4214
BOARD NOTE: The provisions outlined in the Steel Tank Institute (STI)
4215
document "Standard for Dual Wall Underground Steel Storage Tanks,"
4216
incorporated by reference in 35 Ill. Adm. Code 720.111(a), may be used as
4217
guidelines for aspects of the design of underground steel double-walled
4218
tanks.
4219
4220
Ancillary equipment must be provided with full secondary containment (e.g.,
4221
trench, jacketing, double-walled piping, etc.) that meets the requirements of
4222
subsections (c) and (h) of this Section, except for the following:
4223
4224
1)
Aboveground piping (exclusive of flanges, joints, valves, and connections)
4225
that are visually inspected for leaks on a daily basis;
4226
4227
2)
Welded flanges, welded joints, and welded connections that are visually
4228
inspected for leaks on a daily basis;
4229
4230
3)
Sealless or magnetic coupling pumps and sealless valves that are visually
4231
inspected for leaks on a daily basis; and
4232
4233
4)
Pressurized aboveground piping systems with automatic shut-off devices
4234
(e.g., excess flow check valves, flow metering shutdown devices, loss of
4235
pressure actuated shut-off devices, etc.) that are visually inspected for
4236
leaks on a daily basis.
4237
4238
Pursuant to Section 28.1 of the Environmental Protection Act [415 ILCS 5/28.1],
4239
and in accordance with Subpart D of 35 III. Adm. Code 104, an adjusted standard
4240
will be granted by the Board regarding alternative design and operating practices
4241
only if the Board finds either that the alternative design and operating practices,
4242
together with location characteristics, will prevent the migration of any hazardous
4243
waste or hazardous constituents into the groundwater or surface water at least as
4244
effectively as secondary containment during the active life of the tank system, or
4245
that in the event of a release that does migrate to groundwater or surface water, no
4246
substantial present or potential hazard will be posed to human health or the
4247
environment. New underground tank systems may not receive an adjusted
4248
standard from the secondary containment requirements of this Section through a
4249
justification in accordance with subsection (g)(2) of this Section.
JCAR350725-0805429r01
4250
4251
1)
When determining whether to grant alternative design and operating
4252
practices based on a demonstration of equivalent protection of
4253
groundwater and surface water, the Board will consider whether the
4254
petitioner has justified an adjusted standard based on the following factors:
4255
4256
A)
The nature and quantity of the waste;
4257
4258
B)
The proposed alternate design and operation;
4259
4260
C)
The hydrogeologic setting of the facility, including the thickness of
4261
soils between the tank system and groundwater; and
4262
4263
D)
All other factors that would influence the quality and mobility of
4264
the hazardous constituents and the potential for them to migrate to
4265
groundwater or surface water.
4266
4267
2)
In deciding whether to grant alternative design and operating practices
4268
based on a demonstration of no substantial present or potential hazard, the
4269
Board will consider whether the petitioner has justified an adjusted
4270
standard based on the following factors:
4271
4272
A)
The potential adverse effects on groundwater, surface water, and
4273
land quality taking the following into account:
4274
4275
i)
The physical and chemical characteristics of the waste in
4276
the tank system, including its potential for migration;
4277
4278
The hydrogeological characteristics of the facility and
4279
surrounding land;
4280
4281
iii)
The potential for health risks caused by human exposure to
4282
waste constituents;
4283
4284
iv)
The potential for damage to wildlife; crops, vegetation, and
4285
physical structures caused by exposure to waste
4286
constituents; and
4287
4288
v)
The persistence and permanence of the potential adverse
4289
effects;
4290
4291
B)
The potential adverse effects of a release on groundwater quality,
4292
taking the following into account:
JCAR350725-0805429r01
4293
4294
The quantity and quality of groundwater and the direction
4295
of groundwater flow;
4296
4297
ii)
The proximity and withdrawal rates of water in the area;
4298
4299
iii)
The current and future uses of groundwater in the area; and
4300
4301
iv)
The existing quality of groundwater, including other
4302
sources of contamination and their cumulative impact on
4303
the groundwater quality;
4304
4305
C)
The potential adverse effects of a release on surface water quality,
4306
taking the following into account:
4307
4308
i)
The quantity and quality of groundwater and the direction
4309
of groundwater flow;
4310
4311
The patterns of rainfall in the region;
4312
4313
iii)
The proximity of the tank system to surface waters;
4314
4315
iv)
The current and future uses of surface waters in the area
4316
and water quality standards established for those surface
4317
waters; and
4318
4319
v)
The existing quality of surface water, including other
4320
sources of contamination and the cumulative impact on
4321
surface water quality; and
4322
4323
D)
The potential adverse effects of a release on the land surrounding
4324
the tank system, taking the following into account:
4325
4326
i)
The patterns of rainfall in the region; and
4327
4328
ii)
The current and future uses of the surrounding land.
4329
4330
3)
The owner or operator of a tank system, for which alternative design and
4331
operating practices had been granted in accordance with the requirements
4332
of subsection (g)(1), at which a release of hazardous waste has occurred
4333
from the primary tank system but has not migrated beyond the zone of
4334
engineering control (as established in the alternative design and operating
4335
practices), must fulfill the following requirements:
JCAR350725-0805429r01
4336
4337
A)
It must comply with the requirements of Section 725.296, except
4338
Section 725.296(d); and
4339
4340
B)
It must decontaminate or remove contaminated soil to the extent
4341
necessary to assure the following:
4342
4343
It must enable the tank system, for which alternative design
4344
and operating practices were granted, to resume operation
4345
with the capability for the detection of and response to
4346
releases at least equivalent to the capability it had prior to
4347
the release; and
4348
4349
It must prevent the migration of hazardous waste or
4350
hazardous constituents to groundwater or surface water.
4351
4352
C)
If contaminated soil cannot be removed or decontaminated in
4353
accordance with subsection (g)(3)(B), it must comply with the
4354
requirements of Section 725.297(b).
4355
4356
4)
The owner or operator of a tank system, for which alternative design and
4357
operating practices had been granted in accordance with the requirements
4358
of subsection (g)(1) of this Section, at which a release of hazardous waste
4359
has occurred from the primary tank system and has migrated beyond the
4360
zone of engineering control (as established in the alternative design and
4361
operating practices, must fulfill the following requirements:
4362
4363
A)
It must comply with the requirements of Section 725.296(a), (b),
4364
(c), and (d); and
4365
4366
B)
It must prevent the migration of hazardous waste or hazardous
4367
constituents to groundwater or surface water, if possible, and
4368
decontaminate or remove contaminated soil. If contaminated soil
4369
cannot be decontaminated or removed, or if groundwater has been
4370
contaminated, the owner or operator must comply with the
4371
requirements of Section 725.297(b);
4372
4373
C)
If repairing, replacing, or reinstalling the tank system, it must
4374
provide secondary containment in accordance with the
4375
requirements of subsections (a) through (f) of this Section, or make
4376
the alternative design and operating practices demonstration to the
4377
Board again with respect to secondary containment and meet the
4378
requirements for new tank systems in Section 725.292 if the tank
JCAR350725-0805429r01
4379
system is replaced. The owner or operator must comply with these
4380
requirements even if contaminated soil is decontaminated or
4381
removed, and groundwater or surface water has not been
4382
contaminated.
4383
4384
h)
In order to make an alternative design and operating practices demonstration, the
4385
owner or operator must follow the following procedures, in addition to those
4386
specified in Section 28.1 of the Act [415 ILCS 5/28.1] and Subpart D of 35 III.
4387
Adm. Code 104:
4388
4389
1)
The owner or operator must file a petition for approval of alternative
4390
design and operating practices according to the following schedule:
4391
4392
A)
For existing tank systems, at least 24 months prior to the date that
4393
secondary containment must be provided in accordance with
4394
subsection (a) of this Section; and
4395
4396
B)
For new tank systems, at least 30 days prior to entering into a
4397
contract for installation of the tank system.
4398
4399
2)
As part of the petition, the owner or operator must also submit the
4400
following to the Board:
4401
4402
A)
A description of the steps necessary to conduct the demonstration
4403
and a timetable for completing each of the steps. The
4404
demonstration must address each of the factors listed in subsection
4405
(g)(1) or (g)(2) of this Section; and
4406
4407
The portion of the Part B permit application specified in 35 Ill.
4408
Adm. Code 703.202.
4409
4410
3)
The owner or operator must complete its showing within 180 days after
4411
filing its petition for approval of alternative design and operating
4412
practices.
4413
4414
4)
The Agency must issue or modify the RCRA permit so as to require the
4415
permittee to construct and operate the tank system in the manner that was
4416
provided in any Board order approving alternative design and operating
4417
practices.
4418
4419
i)
All tank systems, until such time as secondary containment meeting the
4420
requirements of this Section is provided, must comply with the following:
4421
JCAR350725-0805429r01
4422
1)
For non-enterable underground tanks, a leak test that meets the
4423
requirements of Section 725.291(b)(5) must be conducted at least
4424
annually.
4425
4426
2)
For other than non-enterable underground tanks and for all ancillary
4427
equipment, the owner or operator must either conduct aan-annual leak test,
4428
as described in subsection (i)(1) of this Section, or an internal inspection
4429
or other tank integrity examination, by aan-indepentlenti
qualified
4430
Professional Engineer, registered profezional engineer, that addresses
4431
cracks, leaks, and corrosion orand erosion mnst-he-c-endianted-at least
4432
annually. The owner or operator must remove the stored waste from the
4433
tank, if necessary, to allow the condition of all internal tank surfaces to be
4434
assessed.
4435
4436
BOARD NOTE: The practices described in API Publication "Guide for
4437
Inspection of Refinery Equipment," Chapter XIII, "Atmospheric and Low
4438
Pressure Storage Tanks," incorporated by reference in 35 Ill. Adm. Code
4439
720.111(a), may be used, when applicable, as guidelines for assessing the
4440
overall condition of the tank system.
4441
4442
3)
The owner or operator must maintain on file at the facility a record of the
4443
results of the assessments conducted in accordance with subsections (0(1)
4444
through (0(3) of this Section.
4445
4446
4)
If a tank system or component is found to be leaking or unfit for use as a
4447
result of the leak test or assessment in subsections (0(1) through (0(3) of
4448
this Section, the owner or operator must comply with the requirements of
4449
Section 725.296.
4450
4451
(Source: Amended at 32 III. Reg.
, effective
4452
4453
Section
725.295
Inspections
4454
4455
a)
The owner or operator must inspect the following, where present, at least once
4456
each operating day, data gathered from monitoring and leak detection equipment
4457
(e.g., pressure or temperature gauges, monitoring wells, etc.) to ensure that the
4458
tank system is being operated according to its design.:
4459
4460
)2)
Except as noted under subsection (c) of this Section, the owner or operator must
4461
inspect the following at least once each operating day:
4462
4463
1)
Overfill/spill control equipment (e.g., waste-feed cutoff systems, bypass
4464
systems, and drainage systems) to ensure that it is in good working order;
JCAR350725-0805429r01
4465
4466
2)
Above ground portions
of the tank system, if
4467
any, to detect corrosion or releases of waste; and
4468
4469
3
3
Data gathered from monitoring equipment (e.g., pressure and temperature
4470
gauges, monitoring wells, etc.) to ensure that the tank system is being
4471
. :
4472
4473
34)
The construction materials and the area immediately surrounding the
4474
externally accessible portion of the tank system, including the secondary
4475
containment systemstructures (e.g., dikes) to detect erosion or signs of
4476
releases of hazardous waste (e.g., wet spots, dead vegetation, etc.),;
4477
4478
BOARD NOTE: Section 725.115(c) requires the owner or operator to
4479
remedy any deterioration or malfunction the owner or operator finds.
4480
Section 725.296 requires the owner or operator to notify the Agency
4481
within 24 hours of confirming a release. Also, federal 40 CFR 302 may
4482
require the owner or operator to notify the National Response Center of a
4483
release.
4484
4485
The owner or operator of a tank system that either uses leak detection equipment
4486
to alert facility personnel to leaks or implements established workplace practices
4487
to ensure leaks are promptly identified must inspect at least weekly those areas
4488
described in subsections (b)(I) through (b)(3) of this Section. Use of the alternate
4489
inspection schedule must be documented in the facility's operating record. This
4490
documentation must include a description of the established workplace practices
4491
at the facility.
4492
4493
j
The owner or operator of a Performance Track member facility may inspect on a
4494
less frequent basis, after approval by the Agency, but it must inspect at least once
4495
each month. To apply for a less than weekly inspection frequency, the owner or
4496
operator of the Performance Track member facility must follow the procedures
4497
described in Section 725.115(b)(5).
4498
4499
ci
Ancillary equipment that is not provided with secondary containment, as
4500
described in Section 725.293(0(1) through (f)(4), must be inspected at least once
4501
each operating day.
4502
4503
fb)
The owner or operator must inspect cathodic protection systems, if present,
4504
according to, at a minimum, the following schedule to ensure that they are
4505
functioning properly:
4506
4507
1)
The proper operation of the cathodic protection system must be confirmed
JCAR350725-0805429r01
4508
within six months after initial installation, and annually thereafter; and
4509
4510
2)
All sources of impressed current must be inspected or tested, as
4511
appropriate, at least every other month.
4512
4513
BOARD NOTE: The practices described in "Control of External Corrosion on
4514
Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems," NACE
4515
Recommended Practice RP0285-85, or "Cathodic Protection of Underground
4516
Petroleum Storage Tanks and Piping Systems," API Recommended Practice 1632,
4517
each incorporated by reference in 35 III. Adm. Code 720.111(a), may be used,
4518
where applicable, as guidelines in maintaining and inspecting cathodic protection
4519
systems.
4520
4521
go)
The owner or operator must document in the operating record of the facility an
4522
inspection of those items in subsections (a) and (b) of this Section.
4523
4524
(Source: Amended at 32 III. Reg.
, effective
)
4525
4526
Section 725.296 Response to Leaks or Spills and Disposition of Tank Systems
4527
4528
A tank system or secondary containment system from which there has been a leak or spill, or
4529 which is unfit for use, must be removed from service immediately. The owner or operator must
4530
satisfy the following requirements:
4531
4532
a)
Cease using; prevent flow or addition of wastes. The owner or operator must
4533
immediately stop the flow of hazardous waste into the tank system or secondary
4534
containment system and inspect the system to determine the cause of the release.
4535
4536 b)
Removal of waste from tank system or secondary containment system.
4537
4538
1)
If the release was from the tank system, the owner or operator must,
4539
within 24 hours after detection of the leak, remove as much of the waste as
4540
is necessary to prevent further release of hazardous waste to the
4541
environment and to allow inspection and repair of the tank system to be
4542
performed.
4543
4544
2)
If the release was to a secondary containment system, all released
4545
materials must be removed within 24 hours to prevent harm to human
4546
health and the environment.
4547
4548
c)
Containment of visible releases to the environment. The owner or operator must
4549
immediately conduct a visual inspection of the release and, based upon that
4550
inspection, do the following:
JCAR350725-0805429r01
4551
4552
1)
Prevent further migration of the leak or spill to soils or surface water; and
4553
4554
2)
Remove and properly dispose of any visible contamination of the soil or
4555
surface water.
4556
4557 d)
Notifications; reports.
4558
4559
1)
Any release to the environment, except as provided in subsection (d)(2) of
4560
this Section, must be reported to the Agency within 24 hours after
4561
detection.
4562
4563
2)
A leak or spill of hazardous waste is exempted from the requirements of
4564
this subsection (d) if the following occur:
4565
4566
A)
The spill is less than or equal to a quantity of one pound; and
4567
4568
B)
The spill is immediately contained and cleaned-up.
4569
4570
3)
Within 30 days after detection of a release to the environment, a report
4571
containing the following information must be submitted to the Agency:
4572
4573
A)
Likely route of migration of the release;
4574
4575
B)
Characteristics of the surrounding soil (soil composition, geology,
4576
hydrogeology, climate, etc.);
4577
4578
C)
Results of any monitoring or sampling conducted in connection
4579
with the release (if available). If sampling or monitoring data
4580
relating to the release are not available within 30 days, these data
4581
must be submitted to the Agency as soon as they become available;
4582
4583
D)
Proximity to downgradient drinking water, surface water, and
4584
population areas; and
4585
4586
E)
Description of response actions taken or planned.
4587
4588 e)
Provision of secondary containment, repair, or closure.
4589
4590
1)
Unless the owner or operator satisfies the requirements of subsections
4591
(e)(2) through (e)(4) of this Section, the tank system must be closed in
4592
accordance with Section 725.297.
4593
JCAR350725-0805429r01
4594
2)
If the cause of the release was a spill that has not damaged the integrity of
4595
the system, the owner or operator may return the system to service as soon
4596
as the released waste is removed and repairs, if necessary, are made.
4597
4598
3)
If the cause of the release was a leak from the primary tank system into the
4599
secondary containment system, the system must be repaired prior to
4600
returning the tank system to service.
4601
4602
4)
If the source of the release was a leak to the environment from a
4603
component of a tank system without secondary containment, the owner or
4604
operator must provide the component of the system from which the leak
4605
occurred with secondary containment that satisfies the requirements of
4606
Section 725.293 before it is returned to service, unless the source of the
4607
leak is an aboveground portion of a tank system. If the source is an
4608
aboveground component that can be inspected visually, the component
4609
must be repaired and may be returned to service without secondary
4610
containment as long as the requirements of subsection (1) of this Section
4611
are satisfied. If a component is replaced to comply with the requirements
4612
of this subsection (e)(4), that component must satisfy the requirements for
4613
new tank systems or components in Sections 725.292 and 725.293.
4614
Additionally, if a leak has occurred in any portion of a tank system
4615
component that is not readily accessible for visual inspection (e.g., the
4616
bottom of an inground or onground tank), the entire component must be
4617
provided with secondary containment in accordance with Section 725.293
4618
prior to being returned to use.
4619
4620
Certification of major repairs. If the owner or operator has repaired a tank system
4621
in accordance with subsection (e) of this Section, and the repair has been
4622
extensive (e.g., installation of an internal liner, repair of a ruptured primary
4623
containment or secondary containment vessel, etc.), the tank system must not be
4624
returned to service unless the owner or operator has obtained a certification by
4625
aan-independent qualified Professional Engineer,
4626
in accordance with 35 Ill. Adm. Code 702.126(d) that the repaired system is
4627
capable of handling hazardous wastes without release for the intended life of the
4628
system. This certification must be placed in the operating record and maintained
4629
until closure of the facility
4630
4631
4632 BOARD NOTE: See Section 725.115(c) for the requirements necessary to remedy a failure.
4633
Also, federal 40 CFR 302.6 requires the owner or operator to notify the National Response
4634
Center of a release of any "reportable quantity."
4635
4636
(Source: Amended at 32 III. Reg.
, effective
JCAR350725-0805429r01
4637
4638
Section 725.301 Generators of 100 to 1,000 Kilograms of Hazardous Waste Per Month
4639
4640
a)
The requirements of this Section apply to small quantity generators that generate
4641
more than 100 kg but less than 1,000 kg of hazardous waste in a calendar month,
4642
that accumulate hazardous waste in tanks for less than 180 days (or 270 days if
4643
the generator must ship the waste greater than 200 miles), and that do not
4644
accumulate over 6,000 kg on-site at any time.
4645
4646
b)
A generator of between 100 and 1,000 kg/mo hazardous waste must comply with
4647
the following general operating requirements:
4648
4649
1)
Treatment or storage of hazardous waste in tanks must comply with
4650
Section 725.117(b);
4651
4652
2)
Hazardous wastes or treatment reagents must not be placed in a tank if
4653
they could cause the tank or its inner liner to rupture, leak, corrode, or
4654
otherwise fail before the end of its intended life;
4655
4656
3)
Uncovered tanks must be operated to ensure at least 60 centimeters (2
4657
feet) of freeboard unless the tank is equipped with a containment structure
4658
(e.g., dike or trench), a drainage control system, or a diversion structure
4659
(e.g., standby tank) with a capacity that equals or exceeds the volume of
4660
the top 60 centimeters (2 feet) of the tank; and
4661
4662
4)
Where hazardous waste is continuously fed into a tank, the tank must be
4663
equipped with a means to stop this inflow (e.g., waste feed cutoff system
4664
or by-pass system to a stand-by tank).
4665
4666
BOARD NOTE: These systems are intended to be used in the event of a leak or
4667
overflow from the tank due to a system failure (e.g., a malfunction in the
4668
treatment process, a crack in the tank, etc.).
4669
4670
c)
Except as noted in subsection (d) of this Section, aA generator of between 100
4671
and 1,000 kg/mo accumulating hazardous waste in tanks must inspect the
4672
following, where present:
4673
4674
1)
Discharge control equipment (e.g., waste feed cutoff systems, by-pass
4675
systems, and drainage systems) at least once each operating day, to ensure
4676
that it is in good working order;
4677
4678
2)
Data gathered from monitoring equipment (e.g., pressure and temperature
4679
gauges) at least once each operating day to ensure that the tank is being
JCAR350725-0805429r01
4680
operated according to its design;
4681
4682
3)
The level of waste in the tank at least once each operating day to ensure
4683
compliance with subsection (b)(3) of this Section;
4684
4685
4)
The construction materials of the tank at least weekly to detect corrosion
4686
or leaking of fixtures or seams; and
4687
4688
5)
The construction materials of and the area immediately surrounding
4689
discharge confinement structures (e.g., dikes) at least weekly to detect
4690
erosion or obvious signs of leakage (e.g., wet spots or dead vegetation).
4691
4692
BOARD NOTE: As required by Section 725.115(c), the owner or operator must
4693
remedy any deterioration or malfunction the owner or operator finds.
4694
4695
A generator that accumulates between 100 and 1,000 kg/mo of hazardous waste in
4696
tanks or tank systems which have full secondary containment and which either
4697
uses leak detection equipment to alert facility personnel to leaks or implements
4698
established workplace practices to ensure leaks are promptly identified must
4699
inspect at least weekly, where applicable, the areas identified in subsections (c)(1)
4700
through (c)(5) of this Section. Use of the alternate inspection schedule must be
4701
documented in the facility's operating record. This documentation must include a
4702
description of the established workplace practices at the facility.
4703
4704
The owner or operator of a Performance Track member facility may inspect on a
4705
less frequent basis after approval by the Agency, but it must inspect at least once
4706
each month. To apply for a less than weekly inspection frequency, the owner or
4707
operator of the Performance Track member facility must follow the procedures
4708
described in Section 725.115(b)(5).
4709
4710
Id)
A generator of between 100 and 1,000 kg/mo accumulating hazardous waste in
4711
tanks must, upon closure of the facility, remove all hazardous waste from tanks,
4712
discharge control equipment, and discharge confinement structures.
4713
4714
BOARD NOTE: At closure, as throughout the operating period, unless the owner
4715
or operator demonstrates, in accordance with 35 Ill. Adm. Code 721.103(d) or (e),
4716
that any solid waste removed from the tank is not a hazardous waste, the owner or
4717
operator becomes a generator of hazardous waste and must manage it in
4718
accordance with all applicable requirements of 35 Ill. Adm. Code 722, 723, and
4719
725.
4720
4721
ge)
A generator
of between
100 and
1,000 kg/mo
must comply with the following
4722
special requirements for ignitable or reactive waste:
JCAR350725-0805429r01
4723
4724
1)
Ignitable or reactive waste must not be placed in a tank unless one of the
4725
following conditions are fulfilled:
4726
4727
A)
The waste is treated, rendered, or mixed before or immediately
4728
after placement in a tank so that the following is true of the waste:
4729
4730
i)
The resulting waste, mixture, or dissolution of material no
4731
longer meets the definition of ignitable or reactive waste
4732
under 35 III. Adm. Code 721.121 or 721.123, and
4733
4734
ii)
Section 725.117(b) is complied with;
4735
4736
B)
The waste is stored or treated in such a way that it is protected
4737
from any material or conditions that may cause the waste to ignite
4738
or react; or
4739
4740
C)
The tank is used solely for emergencies.
4741
4742
2)
The owner or operator of a facility that treats or stores ignitable or reactive
4743
waste in covered tanks must comply with the buffer zone requirements for
4744
tanks contained in Tables 2-1 through 2-6 of "Flammable and
4745
Combustible Liquids Code," NFPA 30, incorporated by reference in 35 Ill.
4746
Mm. Code 720.111(a).
4747
4748
hf)
A generator of between 100 and 1,000 kg/mo must comply with the following
4749
special requirements for incompatible wastes:
4750
4751
1)
Incompatible wastes or incompatible wastes and materials (see appendix
4752
V of 40 CFR 265 (Examples of Potentially Incompatible Waste),
4753
incorporated by reference in 35 Ill. Adm. Code 720.111(b), for examples)
4754
must not be placed in the same tank unless Section 725.117(b) is complied
4755
with.
4756
4757
Hazardous waste must not be placed in an unwashed tank that previously
4758
held an incompatible waste or material unless Section 725.117(b) is
4759
complied with.
4760
4761
(Source: Amended at 32 Ill. Reg.
, effective
4762
4763
SUBPART K: SURFACE IMPOUNDMENTS
4764
4765
Section
725.321
Design and Operating Requirements
JCAR350725-0805429r01
4766
4767
a)
The owner or operator of each new surface impoundment unit-en-whieh
4768
•
each lateral expansion of a
4769
surface impoundment unit on which construction commences after July 29, 1992,
4770
and each replacement of an existing surface impoundment unit that is to
4771
commence reuse after July 29, 1992, must install two or more liners and a
4772
leachate collection and removal system between such liners, and operate the
4773
leachate collection and removal system, in accordance with 35 III. Adm. Code
4774
724.321(c), unless exempted under 35 III. Adm. Code 724.321(d), (e), or (f).
4775
"Construction commences" is as defined in 35 III. Adm. Code 720.110 under
4776
"existing facility."
4777
4778
b)
The owner or operator of each unit referred to in subsection (a) of this Section
4779
must notify the Agency at least sixty days prior to receiving waste. The owner or
4780
operator of each facility submitting notice must file a Part B application within six
4781
months of the receipt of such notice.
4782
4783
c)
The owner or operator of any replacement surface impoundment unit is exempt
4784
from subsection (a) of this Section if the following conditions are fulfilled:
4785
4786
1)
The existing unit was constructed in compliance with the design standards
4787
of 35 Ill. Adm. Code 724.321(c), (d), and (e); and
4788
4789
BOARD NOTE: The cited subsections implemented the design standards
4790
of sections 3004(o)(1)(A)(i) and (o)(5) of the Resource Conservation and
4791
Recovery Act (42 USC 6924(o)(1)(A)(i) and (o)(5)).
4792
4793
2)
There is no reason to believe that the liner is not functioning as designed.
4794
4795
d)
The Agency must not require a double liner as set forth in subsection (a) of this
4796
Section for any monofill, if the following conditions are fulfilled:
4797
4798
1)
The monofill contains only hazardous wastes from foundry furnace
4799
emission controls or metal casting molding sand, and such wastes do not
4800
contain constituents that render the wastes hazardous for reasons other
4801
than the toxicity characteristic in 35 Ill. Adm. Code 721.124, with USEPA
4802
hazardous waste numbers D004 through D017; and
4803
4804
2)
No migration demonstration.
4805
4806
A)
Design and location requirements.
4807
4808
i)
The monofill has at least one liner for which there is no
JCAR350725-0805429r01
4809
evidence that such liner is leaking. For the purposes of this
4810
subsection (d)(2)(A)(i) the term "liner means a liner
4811
designed, constructed, installed, and operated to prevent
4812
hazardous waste from passing into the liner at any time
4813
during the active life of the facility, or a liner designed,
4814
constructed, installed, and operated to prevent hazardous
4815
waste from migrating beyond the liner to adjacent
4816
subsurface soil, groundwater, or surface water at any time
4817
during the active life of the facility. In the case of any
4818
surface impoundment that has been exempted from the
4819
requirements of subsection (a) of this Section, of a liner
4820
designed, constructed, installed, and operated to prevent
4821
hazardous waste from passing beyond the liner, at the
4822
closure of such impoundment the owner or operator must
4823
remove or decontaminate all waste residues, all
4824
contaminated liner material and contaminated soil to the
4825
extent practicable. If all contaminated soil is not removed
4826
or decontaminated, the owner or operator of such
4827
impoundment must comply with appropriate post-closure
4828
requirements, including but not limited to groundwater
4829
monitoring and corrective action;
4830
4831
The monofill is located more than one-quarter mile from an
4832
underground source of drinking water (as that term is
4833
defined in 35 Ill. Adm. Code 702.110); and
4834
4835
The monofill is in compliance with generally applicable
4836
groundwater monitoring requirements for facilities with
4837
RCRA permits; or
4838
4839
B)
The owner or operator demonstrates to the Board that the monofill
4840
is located, designed, and operated so as to assure that there will be
4841
no migration of any hazardous constituent into groundwater or
4842
surface water at any future time.
4843
4844
e)
In the case of any unit in which the liner and leachate collection system have been
4845
installed pursuant to the requirements of subsection (a) of this Section, and in
4846
good faith compliance with subsection (a) and with guidance documents
4847
governing liners and leachate collection systems under subsection (a) of this
4848
Section, the Agency must not require a liner or leachate collection system that is
4849
different from that which was so installed pursuant to subsection (a) of this
4850
Section when issuing the first permit to such facility, except that the Agency is
4851
not precluded from requiring installation of a new liner when the Agency finds
JCAR350725-0805429r01
4852
that any liner installed pursuant to the requirements of subsection (a) of this
4853
Section is leaking.
4854
4855
0
A surface impoundment must maintain enough freeboard to prevent any
4856
overtopping of the dike by overfilling, wave action, or a storm. Except as
4857
provided in subsection (g) of this Section, there must be at least 60 centimeters
4858
(two feet) of freeboard.
4859
4860
A freeboard level less than 60 centimeters (two feet) may be maintained if the
4861
owner or operator obtains certification by a qualified engineer that alternate
4862
design features or operating plans will, to the best of the engineer's knowledge
4863
and opinion, prevent overtopping of the dike. The certification, along with a
4864
written identification of alternate design features or operating plans preventing
4865
overtopping, must be maintained at the facility.
4866
4867
BOARD NOTE: Any point source discharge from a surface impoundment to
4868
waters of the State is subject to the requirements of Section 12 of the
4869
Environmental Protection Act [415 ILCS 5/12]. Spills may be subject to Section
4870
311 of the Clean Water Act (33 USC 1321).
4871
4872
h)
Surface impoundments that are newly subject to this Part due to the promulgation
4873
of additional listings or characteristics for the identification of hazardous waste
4874
must be in compliance with subsections (a), (c), or (d) of this Section not later
4875
than 48 months after the promulgation of the additional listing or characteristic.
4876
This compliance period must not be cut short as the result of the promulgation of
4877
land disposal prohibitions under 35 Ill. Adm. Code 728 or the granting of an
4878
extension to the effective date of a prohibition pursuant to 35 Ill. Adm. Code
4879
728.105, within this 48 month period.
4880
4881 i)
Refusal to grant an exemption or waiver, or grant with conditions, may be
4882
appealed to the Board.
4883
4884
(Source: Amended at 32 Ill. Reg.
, effective )
4885
4886
Section
725.323725.324
Containment System
4887
4888
An earthen dike must have a protective cover, such as grass, shale, or rock to minimize wind and
4889
water erosion and to preserve its structural integrity.
4890
4891
4892
4893 original version of 40 CFR 265.221
4894
JCAR350725-0805429r01
4895
(Source: Renumbered from Section 725.324 and amended at 32 III. Reg.
4896
effective
4897
4898
Section
725.324725,323
Response Actions
4899
4900
a)
The owner or operator of surface impoundment units subject to Section
4901
725.32I(a) must develop and keep on sitesubmit a response action plan to the
4902
Agency when submitting the proposed action I kage rate under Section 725.322.
4903
The response action plan must set forth the actions to be taken if the action
4904
leakage rate has been exceeded. At a minimum, the response action plan must
4905
describe the actions specified in subsection (b) of this Section.
4906
4907 b)
If the flow rate into the LDS exceeds the action leakage rate for any sump, the
4908
owner or operator must do the following:
4909
4910
1)
Notify the Agency in writing of the exceedanceexceedencc within seven
4911
days after the determination;
4912
4913
2)
Submit a preliminary written assessment to the Agency within 14 days of
4914
the determination, as to the amount of liquids; likely sources of liquids;
4915
possible location, size, and cause of any leaks; and short-term actions
4916
taken and planned;
4917
4918
3)
Determine to the extent practicable the location, size, and cause of any
4919
leak;
4920
4921
4)
Determine whether waste receipt should cease or be curtailed; whether any
4922
waste should be removed from the unit for inspection, repairs, or controls;
4923
and whether or not the unit should be closed;
4924
4925
5)
Determine any other short-term and longer-term actions to be taken to
4926
mitigate or stop any leaks; and
4927
4928
6)
Within 30 days after the notification that the action leakage rate has been
4929
exceeded, submit to the Agency the results of the determinations specified
4930
in subsections (b)(3) through (b)(5) of this Section, the results of actions
4931
taken, and actions planned. Monthly thereafter, as long as the flow rate in
4932
the LDS exceeds the action leakage rate, the owner or operator must
4933
submit to the Agency a report summarizing the results of any remedial
4934
actions taken and actions planned.
4935
4936
c)
To make the leak or remediation determinations in subsections (b)(3) through
4937
(b)(5) of this Section, the owner or operator must do either of the following:
JCAR350725-0805429r01
4938
4939
1)
Perform the following assessments:
4940
4941
A)
Assess the source of liquids and amounts of liquids by source;
4942
4943
B)
Conduct a fingerprint, hazardous constituent, or other analyses of
4944
the liquids in the LDS to identify the source of liquids and possible
4945
location of any leaks, and the hazard and mobility of the liquid;
4946
and
4947
4948
C)
Assess the seriousness of any leaks in terms of potential for
4949
escaping into the environment; or
4950
4951
2)
Document why such assessments are not needed.
4952
4953
d)
Final Agency determinations pursuant to this Section are deemed to be permit
4954
denials for purposes of appeal to the Board pursuant to Section 40 of the
4955
Environmental Protection Act [415 ILCS 5/40].
4956
4957
(Source: Renumbered from Section 725.323 and amended at 32 Ill. Reg.
4958
effective
)
4959
4960
SUBPART L: WASTE PILES
4961
4962
Section 725.355 Action Leakage Rates
4963
4964
a)
The owner or operator of waste pile units subject to Section 725.354 must submit
4965
a proposed action leakage rate to the Agency when submitting the notice required
4966
under Section 725.354. Within 60 days after receipt of the notification, the
4967
Agency must either establish an action leakage rate, either as proposed by the
4968
owner or operator or modified using the criteria in this Section, or it must extend
4969
the review period for up to 30 days. If no action is taken by the Agency before
4970
the original 60 or extended 90 day review period, the action leakage rate must be
4971
approved as proposed by the owner or operator.
4972
4973
b)
The Agency must approve an action leakage rate for waste pilesitufaee
4974
impoundment units subject to Section 725.354. The action leakage rate is the
4975
maximum design flow rate that the LDS can remove without the fluid head on the
4976
bottom liner exceeding one foot. The action leakage rate must include an
4977
adequate safety margin to allow for uncertainties in the design (e.g., slope,
4978
hydraulic conductivity, thickness of drainage material, etc.), construction,
4979
operation, and location of the LDS; waste and leachate characteristics; the
4980
likelihood and amounts of other sources of liquids in the LDS; and proposed
JCAR350725-0805429r01
4981
response actions (e.g., the action leakage rate must consider decreases in the flow
4982
capacity of the system over time resulting from siltation and clogging, rib layover,
4983
and creep of synthetic components of the system; overburden pressures; etc.).
4984
4985
c)
To determine if the action leakage rate has been exceeded, the owner or operator
4986
must convert the weekly flow rate from the monitoring data obtained under
4987
Section 725.360, to an average daily flow rate (gallons per acre per day) for each
4988
sump. The average daily flow rate for each sump must be calculated weekly
4989
during the active life and closure period.
4990
4991 d)
Final Agency determinations pursuant to this Section are deemed to be permit
4992
denials for purposes of appeal to the Board pursuant to Section 40 of the
4993
Environmental Protection Act [415 ILCS 5/40].
4994
4995
(Source: Amended at 32 Ill. Reg.
, effective
)
4996
4997
Section
725.359
Response Actions
4998
4999
a)
The owner or operator of waste pile units subject to Section 725.354 must submit
5000
a response action plan to the Agency when submitting the proposed action
5001
leakage rate under Section 725.355. The response action plan must set forth the
5002
actions to be taken if the action leakage rate has been exceeded. At a minimum,
5003
the response action plan must describe the actions specified in subsection (b) of
5004
this Section.
5005
5006
b)
If the flow rate into the leak determination system exceeds the action leakage rate
5007
for any sump, the owner or operator must do the following:
5008
5009
1)
Notify the Agency in writing of the exceedancecxceedence within seven
5010
days after the determination;
5011
5012
2)
Submit a preliminary written assessment to the Agency within 14 days
5013
after the determination as to the amount of liquids; likely sources of
5014
liquids; possible location, size, and cause of any leaks; and short-term
5015
actions taken and planned;
5016
5017
3)
Determine to the extent practicable the location, size, and cause of any
5018
leak;
5019
5020
4)
Determine whether waste receipts should cease or be curtailed; whether
5021
any waste should be removed from the unit for inspection, repairs, or
5022
controls; and whether or not the unit should be closed;
5023
JCAR350725-0805429r01
5024
5)
Determine any other short-term and longer-term actions to be taken to
5025
mitigate or stop any leaks; and
5026
5027
6)
Within 30 days after the notification that the action leakage rate has been
5028
exceeded, submit to the Agency the results of the determinations specified
5029
in subsections (b)(3) through (b)(5) of this Section, the results of actions
5030
taken, and actions planned. Monthly thereafter, as long as the flow rate in
5031
the LDS exceeds the action leakage rate, the owner or operator must
5032
submit to the Agency a report summarizing the results of any remedial
5033
actions taken and actions planned.
5034
5035
c)
To make the leak or remediation determinations in subsections (b)(3) through
5036
(b)(5) of this Section, the owner or operator must do either of the following:
5037
5038
1)
Perform the following assessments:
5039
5040
A)
Assess the source of liquids and amounts of liquids by source;
5041
5042
B)
Conduct a fingerprint, hazardous constituent, or other analyses of
5043
the liquids in the LDS to identify the source of liquids and possible
5044
location of any leaks, and the hazard and mobility of the liquid;
5045
and
5046
5047
C)
Assess the seriousness of any leaks in terms of potential for
5048
escaping into the environment; or
5049
5050
2)
Document why such assessments are not needed.
5051
5052
d)
Final Agency determinations pursuant to this Section are deemed to be permit
5053
denials for purposes of appeal to the Board pursuant to Section 40 of the
5054
Environmental Protection Act [415 ILCS 5/401.
5055
5056
(Source: Amended at 32 Ill. Reg.
effective )
5057
5058
SUBPART M: LAND TREATMENT
5059
5060
Section 725.380 Closure and Post-Closure
5061
5062
a)
In the closure plan under Section 725.212 and the post-closure plan under Section
5063
725.218 the owner or operator must address the following objectives and indicate
5064
how they will be achieved:
5065
5066
1)
Control of the migration of hazardous waste and hazardous waste
JCAR350725-0805429r01
5067
constituents from the treated area into the groundwater;
5068
5069
2)
Control of the release of contaminated runoff from the facility into surface
5070
water;
5071
5072
3)
Control of the release of airborne particulate contaminants caused by wind
5073
erosion; and
5074
5075
4)
Compliance with Section 725.376 concerning the growth of food-chain
5076
crops.
5077
5078
b)
The owner or operator must consider at least the following factors in addressing
5079
the closure and post-closure care objectives of subsection (a) of this Section:
5080
5081
1)
The type and amount of hazardous waste and hazardous waste constituents
5082
applied to the land treatment facility;
5083
5084
2)
The mobility and the expected rate of migration of the hazardous waste
5085
and hazardous waste constituents;
5086
5087
3)
The site location, topography, and surrounding land use with respect to the
5088
potential effects of pollutant migration (e.g., proximity to groundwater,
5089
surface water, and drinking water sources);
5090
5091
4)
Climate, including amount, frequency, and pH of precipitation;
5092
5093
5)
Geological and soil profiles and surface and subsurface hydrology of the
5094
site and soil characteristics, including cation exchange capacity, total
5095
organic carbon, and pH;
5096
5097
6)
Unsaturated zone monitoring information obtained under Section 725.378;
5098
and
5099
5100
7)
The type, concentration, and depth of migration of hazardous waste
5101
constituents in the soil, as compared to their background concentrations.
5102
5103
c)
The owner or operator must consider at least the following methods in addressing
5104
the closure and post-closure care objectives of subsection (a) of this Section:
5105
5106
1)
Removal of contaminated soils;
5107
5108
2)
Placement of a final cover, considering the following:
5109
JCAR350725-0805429r01
5110
A)
Functions of the cover (e.g., infiltration control, erosion and runoff
5111
control, and wind erosion control); and
5112
5113
B)
Characteristics of the cover, including material, final surface
5114
contours, thickness, porosity and permeability, slope, length of run
5115
of slope, and type of vegetation on the cover; and
5116
5117
3)
Monitoring of groundwater.
5118
5119
d)
In addition to the requirements of Subpart G of this Part during the closure period
5120
the owner or operator of a land treatment facility must do the following:
5121
5122
1)
It must continue unsaturated zone monitoring in a manner and frequency
5123
specified in the closure plan, except that soil pore liquid monitoring may
5124
be terminated 90 days after the last application of waste to the treatment
5125
zone;
5126
5127
2)
It must maintain the run-on control system required under Section
5128
725.372(b);
5129
5130
3)
It must maintain the run-off management system required under Section
5131
725.372(c); and
5132
5133
4)
It must control wind dispersal of particulate matter that may be subject to
5134
wind dispersal.
5135
5136
e)
For the purpose of complying with Section 725.215, when closure is completed
5137
the owner or operator may submit to the Agency certification both by the owner
5138
or operator and by an independent qualified soil scientist, in lieu of a qualified
5139
Professional Engineer.
, that the
5140
facility has been closed in accordance with the specifications in the approved
5141
closure plan.
5142
5143
In addition to the requirements of Section 725.217, during the post-closure care
5144
period the owner or operator of a land treatment unit must fulfill the following
5145
requirements:
5146
5147
1)
It must continue soil-core monitoring by collecting and analyzing samples
5148
in a manner and frequency specified in the post-closure plan;
5149
5150
2)
It must restrict access to the unit as appropriate for its post-closure use;
5151
5152
3)
It must assure that growth of food chain crops complies with Section
JCAR350725-0805429r01
5153
725.376; and
5154
5155
4)
It must control wind dispersal of hazardous waste.
5156
5157
(Source: Amended at 32 111. Reg.
, effective
5158
5159
SUBPART N: LANDFILLS
5160
5161
Section
725.401
Design Requirements
5162
5163
a)
The owner or operator of each new landfill unit
5164
commences after January 29, 1992, each lateral expansion of a landfill unit-en
5165
which construction commences after July 29, 1992, and each replacement of an
5166
existing landfill unit that is to commence reuse after July 29, 1992, must install
5167
two or more liners and a leachate collection and removal system above and
5168
between such liners, and operate the leachate collection and removal
5169
systemGystems, in accordance with 35 Ill. Adm. Code 724.401(c), unless
5170
exempted by 35 Ill. Adm. Code 724.401(d), (e) or (f). "Construction commences"
5171
I
. . - ' -
"
5172
5173
b)
The owner or operator of each unit referred to in subsection (a) of this Section
5174
must notify the Agency at least 60 days prior to receiving waste. The owner or
5175
operator of each facility submitting notice must file a Part B application within six
5176
months of the receipt of such notice.
5177
5178
c)
The owner or operator of any replacement landfill unit is exempt from subsection
5179
(a) of this Section if both of the following are true:
5180
5181
1)
The existing unit was constructed in compliance with the design standards
5182
of 35 Ill. Adm. Code 724.401(c), (d), and (e); and
5183
5184
BOARD NOTE: The cited subsections implemented the design standards
5185
of sections 3004(o)(1)(A)(i) and (o)(5) of the Resource Conservation and
5186
Recovery Act (42 USC 6924(o)(1)(A)(i) and (o)(5)).
5187
5188
2)
There is no reason to believe that the liner is not functioning as designed.
5189
5190 d)
The Agency must not require a double liner as set forth in subsection (a) of this
5191
Section for any monofill, if the following conditions are fulfilled:
5192
5193
1)
The monofill contains only hazardous wastes from foundry furnace
5194
emission controls or metal casting molding sand, and such wastes dowaste
5195
does not contain constituents that render the wastes hazardous for reasons
JCAR350725-0805429r01
5196
other the toxicity characteristic in 35 Ill. Adm. Code 721.124, with
5197
hazardous waste numbersnuftiber D004 through D017; and
5198
5199
2)
Alternative demonstration.
5200
5201
A)
Liner and location requirements.
5202
5203
The monofill has at least one liner for which there is no
5204
evidence that such liner is leaking;
5205
5206
The monofill is located more than one-quarter mile from an
5207
underground source of drinking water (as that term is
5208
defined in 35 Ill. Adm. Code 702.110); and
5209
5210
iii)
The monofill is in compliance with generally applicable
5211
groundwater monitoring requirements for facilities with
5212
RCRA permits; or
5213
5214
B)
The owner or operator demonstrates to the Board that the monofill
5215
is located, designed, and operated so as to assure that there will be
5216
no migration of any hazardous constituent into groundwater or
5217
surface water at any future time.
5218
5219
e)
In the case of any unit in which the liner and leachate collection system have been
5220
installed pursuant to the requirements of subsection (a) of this Section, and in
5221
good faith compliance with subsection (a) of this Section and with guidance
5222
documents governing liners and leachate collection systems under subsection (a),
5223
the Agency must not require a liner or leachate collection system that is different
5224
from that which was so installed pursuant to subsection (a) of this Section when
5225
issuing the first permit to such facility, except that the Agency is not precluded
5226
from requiring installation of a new liner when the Agency finds that any liner
5227
installed pursuant to the requirements of subsection (a) of this Section is leaking.
5228
5229
f)
The owner or operator must design, construct, operate, and maintain a run-on
5230
control system capable of preventing flow onto the active portion of the landfill
5231
during peak discharge from at least a 25-year storm.
5232
5233
The owner or operator must design, construct, operate, and maintain a run-off
5234
management system to collect and control at least the water volume resulting
5235
from a 24 hour, 25-year storm.
5236
5237
h)
Collection and holding facilities (e.g., tanks or basins) associated with run-on and
5238
run-off control systems must be emptied or otherwise managed expeditiously after
and keep on site until closure of the facilitysubmit a response action plan to the
'I
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.
JCAR350725-0805429r01
5239
storms to maintain design capacity of the system.
5240
5241
The owner or operator of a landfill containing hazardous waste that is subject to
5242
dispersal by wind must cover or otherwise manage the landfill so that wind
5243
dispersal of the hazardous waste is controlled.
5244
5245
BOARD NOTE: As required by Section 725.113, the waste analysis plan must
5246
include analyses needed to comply with Sections 725.412, 725.413, and 725.414.
5247
As required by Section 725.173, the owner or operator must place the results of
5248
these analyses in the operating record of the facility.
5249
5250
(Source: Amended at 32 III. Reg.
, effective
)
5251
5252
Section
725.403
Response Actions
5253
5254
a)
The owner or operator of landfill units subject to Section 725.401(a) must develop
5255
5256
5257
5258
5259
5260
5261
b)
If the flow rate into the LDS exceeds the action leakage rate for any sump, the
5262
owner or operator must do each of the following:
5263
5264
1)
Notify the Agency in writing of the exceedanceexcecdcnce within seven
5265
days after the determination;
5266
5267
2)
Submit a preliminary written assessment to the Agency within 14 days
5268
after the determination, as to the amount of liquids; likely sources of
5269
liquids; possible location, size, and cause of any leaks; and short-term
5270
actions taken and planned;
5271
5272
3)
Determine to the extent practicable the location, size, and cause of any
5273
leak;
5274
5275
4)
Determine whether waste receipt should cease or be curtailed; whether any
5276
waste should be removed from the unit for inspection, repairs, or controls;
5277
and whether or not the unit should be closed;
5278
5279
5)
Determine any other short-term and longer-term actions to be taken to
5280
mitigate or stop any leaks; and
5281
consistency with USEPA rules.
JCAR350725-0805429r01
5282
6)
Within 30 days after the notification that the action leakage rate has been
5283
exceeded, submit to the Agency the results of the determinations specified
5284
in subsections (b)(3) through (b)(5) of this Section, the results of actions
5285
taken, and actions planned. Monthly thereafter, as long as the flow rate in
5286
the LDS exceeds the action leakage rate, the owner or operator must
5287
submit to the Agency a report summarizing the results of any remedial
5288
actions taken and actions planned.
5289
5290
c)
To make the leak or remediation determinations in subsections (b)(3) through
5291
(b)(5) of this Section, the owner or operator must do either of the following:
5292
5293
1)
Perform the following assessments:
5294
5295
A)
Assess the source of liquids and amounts of liquids by source;
5296
5297
B)
Conduct a fingerprint, hazardous constituent or other analyses of
5298
the liquids in the LDS to identify the source of liquids and possible
5299
location of any leaks, and the hazard and mobility of the liquid;
5300
and
5301
5302
C)
Assess the seriousness of any leaks in terms of potential for
5303
escaping into the environment; or
5304
5305
2)
Document why such assessments are not needed.
5306
5307
d)
Final Agency determinations pursuant to this Section are deemed to be permit
5308
denials for purposes of appeal to the Board pursuant to Section 40 of the
5309
Environmental Protection Act [415 ILCS 5/40].
5310
5311
(Source: Amended at 32
III.
Reg.
, effective
5312
5313
Section 725.414 Special Requirements for Liquid Wastes
5314
5315
a)
5316
5317
5318
5319
5320
ab)
The placement of bulk or non-containerized liquid hazardous waste or hazardous
5321
waste containing free liquids (whether or not sorbents have been added) in any
5322
landfill is prohibited.
5323
5324
be)
Containers holding free liquids must not be placed in a landfill unless one of the
JCAR350725-0805429r01
5325
following conditions is fulfilled:
5326
5327
I)
One of the following occurs with regard to all free-standing liquid:
5328
5329
A)
It has been removed by decanting or other methods;
5330
5331
B)
It has been mixed with sorbent or solidified so that free-standing
5332
liquid is no longer observed; or
5333
5334
C)
It has been otherwise eliminated;
5335
5336
2)
The container is very small, such as an ampule;
5337
5338
3)
The container is designed to hold free liquids for use other than storage,
5339
such as a battery or capacitor; or
5340
5341
4)
The container is a lab pack, as defined in Section 724.416, and is disposed
5342
of in accordance with Section 724.416.
5343
5344 cd)
To demonstrate the absence or presence of free liquids in either a containerized or
5345
a bulk waste, the following test must be used: Method 9095B (Paint Filter
5346
Liquids Test), as described in "Test Methods for Evaluating Solid Wastes,
5347
Physical/Chemical Methods," USEPA publication number EPA 530/SW-846,
5348
incorporated by reference in 35 Ill. Adm. Code 720.111(a).
5349
5350
de)
This subsection (d) corresponds with 40 CFR 265.314(d), which recites a past
5351
effective date. This statement maintains structural parity with the federal
5352
regulationsTho placement of any liquid that is n t a hazardous waste in a landfill
5353
is prohibited (35
Adm. Code 729.311).
5354
5355
Sorbents used to treat free liquids to be disposed of in landfills must be
5356
nonbiodegradable. Nonbiodegradable sorbents are one of the following:
5357
materials listed or described in subsection (00) of this Section; materials that
5358
pass one of the tests in subsection (0(2) of this Section; or materials that are
5359
determined by the Board to be nonbiodegradable through the adjusted standard
5360
procedure of Section 28.1 of the Act [415 ILCS 5/28.1] and Subpart D of 35 Ill.
5361
Adm. Code 104.
5362
5363
1)
Nonbiodegradable sorbents are the following:
5364
5365
A)
Inorganic minerals, other inorganic materials, and elemental
5366
carbon (e.g., aluminosilicates, clays, smectites, Fuller's earth,
5367
bentonite, calcium bentonite, montmorillonite, calcined
JCAR350725-0805429r01
5368
montmorillonite, kaolinite, micas (illite), vermiculites, zeolites,
5369
calcium carbonate (organic free limestone), oxides/hydroxides,
5370
alumina, lime, silica (sand), diatomaceous earth, perlite (volcanic
5371
glass), expanded volcanic rock, volcanic ash, cement kiln dust, fly
5372
ash, rice hull ash, activated charcoal/activated carbon, etc.); or
5373
5374
B)
High molecular weight synthetic polymers (e.g., polyethylene,
5375
high density polyethylene (HDPE), polypropylene, polystyrene,
5376
polyurethane, polyacrylate, polynorborene, polyisobutylene,
5377
ground synthetic rubber, cross-linked allylstyrene, and tertiary
5378
butyl copolymers). This does not include polymers derived from
5379
biological material or polymers specifically designed to be
5380
degradable; or
5381
5382
C)
Mixtures of these nonbiodegradable materials.
5383
5384
2)
Tests for nonbiodegradable sorbents.
5385
5386
A)
The sorbent material is determined to be nonbiodegradable under
5387
ASTM Method G2I-70 (1984a) (Standard Practice for
5388
Determining Resistance of Synthetic Polymer Materials to Fungi),
5389
incorporated by reference in 35 Ill. Adm. Code 720.111(a);
5390
5391
B)
The sorbent material is determined to be nonbiodegradable under
5392
ASTM Method G22-76 (1984b) (Standard Practice for
5393
Determining Resistance of Plastics to Bacteria), incorporated by
5394
reference in 35 III. Adm. Code 720.111(a); or
5395
5396
C)
The sorbent material is determined to be non-biodegradable under
5397
OECD Guideline for Testing of Chemicals, Method301B (CO2
5398
Evolution (Modified Sturm Test)), incorporated by reference in 35
5399
Ill. Adm. Code 720.111(a).
5400
5401 D
The placement of any liquid that is not a hazardous waste in a landfill is
5402
prohibited. (See 35 Ill. Adm. Code 729.311.)
5403
5404
(Source: Amended at 32 III. Reg.
, effective
)
5405
5406
SUBPART Q: CHEMICAL, PHYSICAL, AND BIOLOGICAL TREATMENT
5407
5408
Section 725.505 Special Requirements for Ignitable or Reactive Wastes
5409
5410
Ignitable or reactive waste must not be placed in a treatment process or equipment unless either
JCAR350725-0805429r01
5411
of the following conditions exists:
5412
5413
a)
The waste is treated, rendered, or mixed before or immediately after placement in
5414
the treatment process or equipment so that both of the following conditions are
5415
fulfilled:
5416
5417
1)
The resulting waste, mixture, or dissolution of material no longer meets
5418
the definition of ignitable or reactive waste under 35 Ill. Adm.
5419
CodeSection 721.121 or 721.123, and
5420
5421
2)
Section 725.117(b) is complied with; or
5422
5423
b)
The waste is treated in such a way that it is protected from any material or
5424
conditions that may cause the waste to ignite or react.
5425
5426
(Source: Amended at 32 III. Reg.
, effective
)
5427
5428
SUBPART W: DRIP PADS
5429
5430
Section 725.541 Assessment of Existing Drip Pad Integrity
5431
5432
a)
For each existing drip pad, the owner or operator must evaluate the drip pad and
5433
determine that it meets all of the requirements of this Subpart W, except the
5434
requirements for liners and leak detection systems of Section 725.543(b). No
5435
later than June 6, 1991, the owner or operator must obtain and keep on file at the
5436
facility a written assessment of the drip pad, reviewed and certified by aan
5437
independent qualified Professional Engineerregistered profe rsional engineer that
5438
attests to the results of the evaluation. The assessment must be reviewed,
5439
updated, and re-certified annually until all upgrades, repairs, or modifications
5440
necessary to achieve compliance with all of the standards of Section 725.543 are
5441
complete. The evaluation must document the extent to which the drip pad meets
5442
each of the design and operating standards of Section 725.543, except the
5443
standards for liners and leak detection systems specified in Section 725.543(b).
5444
5445
b)
The owner or operator must develop a written plan for upgrading, repairing and
5446
modifying the drip pad to meet the requirements of Section 725.543(b) and
5447
submit the plan to the Agency no later than two years before the date that all
5448
repairs, upgrades, and modifications will be complete. This written plan must
5449
describe all changes to be made to the drip pad in sufficient detail to document
5450
compliance with all the requirements of Section 725.543. The plan must be
5451
reviewed and certified by aan-independent qualified Professional Engineer.;
5452
5453
JCAR350725-0805429r01
5454
5455
4
-)
For existinl, drip pads of known and documentable age, all upgrades,
5456
repairs, and modifications must be completed by June 6, 1993, or when
5457
the drip pad has r shed 15 nars of age, whichever comes later.
5458
5459
2-)
5460
1999; but, if the age of the facility is gr ter than seven years, all
5461
5462
5463
5464
5465
5466
5467
A)
The owner or operator must tile a petition for a RCRA variance, a,
5468
s
.3p ei fi d
in
Subpart B of 35 III. Mm. Code 104.
5469
5470
B)
5471
following:
5472
5473
The drip pad meets all of the requirements of Section
5474
5475
specified in Section 725.543(b); and
5476
5477
ii)
5478
and-the-envir-OrlilleiitT
5479
5480 c)
Upon completion of all repairs and modifications, the owner or operator must
5481
submit to the Agency, the as-built drawings for the drip pad, together with a
5482
certification by auwindependent3 qualified Professional Engineer, registered
5483
professional engineer attesting that the drip pad conforms to the drawings.
5484
5485
d)
If the drip pad is found to be leaking or unfit for use, the owner or operator must
5486
comply with the provisions of Section 725.543(m) or close the drip pad in
5487
accordance with Section 725.545.
5488
5489
(Source: Amended at 32 III. Reg.
, effective
)
5490
5491
Section
725.543
Design and Operating Requirements
5492
5493
a)
Drip pads must fulfill the following requirements:
5494
5495
I)
It must notNet be constructed of earthen materials, wood, or asphalt,
5496
unless the asphalt is structurally supported;
JCAR350725-0805429r01
5497
5498
2)
It must beBe sloped to free-drain to the associated collection system
5499
treated wood drippage, rain, other waters, or solutions of drippage and
5500
water or other wastes;
5501
5502
3)
It must havel4avc a curb or berm around the perimeter;
5503
5504
4)
In addition, the drip pad must fulfill the following requirements:
5505
5506
A)
It must has/el-lave a hydraulic conductivity of less than or equal to
5507
1 x 10
-7 centimeters per second, e.g., existing concrete drip pads
5508
must be sealed, coated, or covered with a surface material with a
5509
hydraulic conductivity of less than or equal to 1 x 10 -7 centimeters
5510
per second such that the entire surface where drippage occurs or
5511
may run across is capable of containing such drippage and
5512
mixtures of drippage and precipitation, materials, or other wastes
5513
while being routed to an associated collection system. This surface
5514
material must be maintained free of cracks and gaps that could
5515
adversely affect its hydraulic conductivity, and the material must
5516
be chemically compatible with the preservatives that contact the
5517
drip pad. The requirements of this provision apply only to the
5518
existing drip pads and those drip pads for which the owner or
5519
operator elects to comply with Section 725.542(b)725.5'12(a)
5520
instead of Section 725.542(a)725.542(b).
5521
5522
B)
The owner or operator must obtain and keep on file at the facility a
5523
written assessment of the drip pad, reviewed and certified by anti
5524
independent qualified Professional Engineer registered
5525
prefessienel-engineet that attests to the results of the evaluation.
5526
The assessment must be reviewed, updated, and recertified
5527
annually. The evaluation must document the extent to which the
5528
drip pad meets the design and operating standards of this Section,
5529
except for in subsection (b) of this Section.
5530
5531
5)
It must beBe of sufficient structural strength and thickness to prevent
5532
failure due to physical contact, climatic conditions, the stress of
5533
installation, and the stress of daily operations, e.g., variable and moving
5534
loads such as vehicle traffic, movement of wood, etc.
5535
5536
BOARD NOTE: In judging the structural integrity requirement of this subsection
5537
(a), the Agency should generally consider applicable standards established by
5538
professional organizations generally recognized by the industry, including ACI
5539
318-83 (Building Code Requirements for Reinforced Concrete) or ASTM C 94-90
JCAR350725-0805429r01
5540
(Standard Specification for Ready-Mixed Concrete), incorporated by reference in
5541
35 III. Adm. Code 720.111(a).
5542
5543
b)
If an owner or operator elects to comply with Section 725.542(a)725.542(b)
5544
instead of Section 725.542(b)725.5 1
12(a), the drip pad must have the following
5545
features:
5546
5547
1)
A synthetic liner installed below the drip pad that is designed, constructed,
5548
and installed to prevent leakage from the drip pad into the adjacent
5549
subsurface soil or groundwater or surface water at any time during the
5550
active life (including the closure period) of the drip pad. The liner must be
5551
constructed of materials that will prevent waste from being absorbed into
5552
the liner and to prevent releases into the adjacent subsurface soil or
5553
groundwater or surface water during the active life of the facility. The
5554
liner must be constructed as follows:
5555
5556
A)
It must be constructedGenstrac-ted of materials that have
5557
appropriate chemical properties and sufficient strength and
5558
thickness to prevent failure due to pressure gradients (including
5559
static head and external hydrogeologic forces), physical contact
5560
with the waste or drip pad leakage to which they are exposed,
5561
climatic conditions, the stress of installation, and the stress of daily
5562
operation (including stresses from vehicular traffic on the drip
5563
pad);
5564
5565
B)
It must be placedlalaeed upon a foundation or base capable of
5566
providing support to the liner and resistance to pressure gradients
5567
above and below the liner to prevent failure of the liner due to
5568
settlement, compression, or uplift; and
5569
5570
C)
It must be installedInstalled to cover all surrounding earth that
5571
could come in contact with the waste or leakage; and
5572
5573
2)
A leakage detection system immediately above the liner that is designed,
5574
constructed, maintained, and operated to detect leakage from the drip pad.
5575
The leakage detection system must be constructed as follows:
5576
5577
A)
It must be constructedGenstrueted of materials that fulfill the
5578
following requirements:
5579
5580
i)
They are chemically resistant to the waste managed in the
5581
drip pad and the leakage that might be generated; and
5582
JCAR350725-0805429r01
5583
They are of sufficient strength and thickness to prevent
5584
collapse under the pressures exerted by overlaying
5585
materials and by any equipment used at the drip pad; and
5586
5587
B)
It must be designedDesigned and operated to function without
5588
clogging through the scheduled closure of the drip pad; and
5589
5590
C)
It must be designedDesigned so that it will detect the failure of the
5591
drip pad or the presence of a release of hazardous waste or
5592
accumulated liquid at the earliest practicable time.
5593
5594
3)
A leakage collection system immediately above the liner that is designed,
5595
constructed, maintained, and operated to collect leakage from the drip pad
5596
such that it can be removed from below the drip pad. The date, time, and
5597
quantity of any leakage collected in this system and removed must be
5598
documented in the operating log.
5599
5600 c)
Drip pads must be maintained such that they remain free of cracks, gaps,
5601
corrosion, or other deterioration that could cause hazardous waste to be released
5602
from the drip pad.
5603
5604
BOARD NOTE: See subsection (m) of this Section for remedial action required
5605
if deterioration or leakage is detected.
5606
5607
d)
The drip pad and associated collection system must be designed and operated to
5608
convey, drain and collect liquid resulting from drippage or precipitation in order
5609
to prevent run-off
5610
5611
e)
Unless the drip pad is protected by a structure, as described in Section 725.540(b),
5612
the owner or operator must design, construct, operate, and maintain a run-on
5613
control system capable of preventing flow onto the drip pad during peak discharge
5614
from at least a 24-hour, 25-year storm, unless the system has sufficient excess
5615
capacity to contain any run-on that might enter the system.
5616
5617 1)
Unless the drip pad is protected by a structure or cover, as described in Section
5618
725.540(b), the owner or operator must design, construct, operate, and maintain a
5619
run-off management system to collect and control at least the water volume
5620
resulting from a 24-hour, 25-year storm.
5621
5622 g)
The drip pad must be evaluated to determine that it meets the requirements of
5623
subsections (a) through (1) of this Section. The owner or operator must obtain a
5624
statement from aim independent, qualified, Professional Engineerregistercd
5625
professional engineer certifying that the drip pad design meets the requirements of
JCAR350725-0805429r01
5626
this Section.
5627
5628
h)
Drippage and accumulated precipitation must be removed from the associated
5629
collection system as necessary to prevent overflow onto the drip pad.
5630
5631
The drip pad surface must be cleaned thoroughly at least once every seven days
5632
using an appropriate and effective cleaning technique, including but not limited
5633
to, rinsing, washing with detergents or other appropriate solvents, or steam
5634
cleaning, with residues being properly managed, such that accumulated residues
5635
of hazardous waste or other materials are removed as to allow weekly inspections
5636
of the entire drip pad surface without interference or hindrance from accumulated
5637
residues of hazardous waste or other materials on the drip pad. The owner or
5638
operator must document, in the facility's operating log, the date and time of each
5639
cleaning and the cleaning procedure.
5640
5641
Drip pads must be operated and maintained in a manner to minimize tracking of
5642
hazardous waste or hazardous waste constituents off the drip pad as a result of
5643
activities by personnel or equipment.
5644
5645
k)
After being removed from the treatment vessel, treated wood from pressure and
5646
non-pressure processes must be held on the drip pad until drippage has ceased.
5647
The owner or operator must maintain records sufficient to document that all
5648
treated wood is held on the pad, in accordance with this Section, following
5649
treatment.
5650
5651 1)
Collection and holding units associated with run-on and run-off control systems
5652
must be emptied or otherwise managed as soon as possible after storms to
5653
maintain design capacity of the system.
5654
5655
m)
Throughout the active life of the drip pad, if the owner or operator detects a
5656
condition that may have caused or has caused a release of hazardous waste, the
5657
condition must be repaired within a reasonably prompt period of time following
5658
discovery, in accordance with the following procedures:
5659
5660
1)
Upon detection of a condition that may have caused or has caused a
5661
release of hazardous waste (e.g., upon detection of leakage in the leak
5662
detection system), the owner or operator must perform the following acts:
5663
5664
A)
It must enterEnter a record of the discovery in the facility
5665
operating log;
5666
5667
B)
It must immediatelyimmediately remove from service the portion
5668
of the drip pad affected by the condition;
JCAR350725-0805429r01
5669
5670
C)
It must detemtineDetennine what steps must be taken to repair the
5671
drip pad, clean up any leakage from below the drip pad, and
5672
establish a schedule for accomplishing the clean up and repairs;
5673
5674
D)
Within 24 hours after discovery of the condition, the owner or
5675
operator must notify the Agency of the condition and, within 10
5676
working days, provide written notice to the Agency with a
5677
description of the steps that will be taken to repair the drip pad and
5678
clean up any leakage, and the schedule for accomplishing this
5679
work.
5680
5681
2)
The Agency must: review the information submitted; make a
5682
determination regarding whether the pad must be removed from service
5683
completely or partially until repairs and clean up are complete; and notify
5684
the owner or operator of the determination and the underlying rationale in
5685
writing.
5686
5687
3)
Upon completing all repairs and clean up, the owner or operator must
5688
notify the Agency in writing and provide a certification, signed by an
5689
independent, qualified, registered professional engineer, that the repairs
5690
and clean up have been completed according to the written plan submitted
5691
in accordance with subsection (m)(1)(D) of this Section.
5692
5693
n)
The owner or operator must maintain, as part of the facility operating log,
5694
documentation of past operating and waste handling practices. This must include
5695
identification of preservative formulations used in the past, a description of
5696
drippage management practices and a description of treated wood storage and
5697
handling practices.
5698
5699
(Source: Amended at 32 III. Reg.
, effective )
5700
5701
Section
725.544
Inspections
5702
5703
a)
During construction or installation, liners and cover systems (e.g., membranes,
5704
sheets, or coatings) must be inspected for uniformity, damage, and imperfections
5705
(e.g., holes, cracks, thin spots, or foreign materials). Immediately after
5706
construction or installation, liners must be inspected and certified as meeting the
5707
requirements of Section 725.543 by aawiriklependent
7 qualified Professional
5708
Engineer, registered professional engineer. ThisThe certification must be
5709
maintained at the facility as part of the facility operating record. After
5710
installation, liners and covers must be inspected to ensure tight seams and joints
5711
and the absence of tears, punctures, or blisters.
comply with the alternative standard of allowing two percent of valves to leak:
Z?
. 4
has elected to comply with tho requirements of this Section;
12)
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
JCAR350725-0805429r01
5712
5713
b)
While a drip pad is in operation, it must be inspected weekly and after storms to
5714
detect evidence of any of the following:
5715
5716
1)
Deterioration, malfunctions, or improper operation of run-on and run-off
5717
control systems;
5718
5719
2)
The presence of leakage in and proper functioning of leak detection
5720
system.
5721
5722
3)
Deterioration or cracking of the drip pad surface.
5723
5724
BOARD NOTE: See Section 725.543(m) for remedial action required if deterioration or
5725
leakage is detected.
5726
5727
(Source: Amended at 32 Ill. Reg.
, effective
)
5728
5729
SUBPART BB: AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS
5730
5731
Section 725.961 Percent Leakage Alternative for Valves
5732
5733
a)
An owner or operator subject to the requirements of Section 725.957 may elect to
5734
have all valves within a hazardous waste management unit comply with an
5735
alternative standard that allows no greater than two percent of the valves to leak.
5736
5737
b)
The following requirements must be met if an owner or operator decides to
5738
5739
5740
5741
5742
5743
5744
5745
5746
5747
23)
If a valve leak is detected it must be repaired in accordance with Section
5748
725.957(d) and (e).
5749
5750
c)
Performance tests must be conducted in the following manner:
5751
5752
1)
All valves subject to the requirements in Section 725.957 within the
5753
hazardous waste management unit must be monitored within 1 week by
5754
the methods specified in Section 725.963(b);
JCAR350725-0805429r01
5755
5756
If an instrument reading of 10,000 ppm or greater is measured, a leak is
5757
detected; and
5758
5759
3)
The leak percentage must be determined by dividing the number of valves
5760
subject to the requirements in Section 725.957 for which leaks are
5761
detected by the total number of valves subject to the requirements in
5762
Section 725.957 within the hazardous waste management unit.
5763
5764
4 -)
If an owner or operator decides no longer to comply with this Scctio
5765
5766
5767
5768
(Source: Amended at 32 Ill. Reg.
, effective
5769
5770
Section 725.962 Skip Period Alternative for Valves
5771
5772
Election.
5773
5774 al)
An owner or operator subject to the requirements of Section 725.957 may elect
5775
for all valves within a hazardous waste management unit to comply with one of
5776
the alternative work practices specified in subsections (b)(2) and (b)(3) of this
5777
Section.
5778
5779
2)
An owner or operator must notify the Agency before implementing one of
5780
5781
5782
b)
Reduced Monitoring.
5783
5784
1)
An owner or operator must comply with the requirements for valves, as
5785
described in Section 725.957, except as described in subsections (b)(2)
5786
and (b)(3) of this Section.
5787
5788
2)
After two consecutive quarterly leak detection periods with the percentage
5789
of valves leaking equal to or less than two percent, an owner or operator
5790
may begin to skip one of the quarterly leak detection periods (i.e., the
5791
owner or operator may monitor for leaks once every six months) for the
5792
valves subject to the requirements in Section 725.957.
5793
5794
3)
After five consecutive quarterly leak detection periods with the percentage
5795
of valves leaking equal to or less than two percent, an owner or operator
5796
may begin to skip three of the quarterly leak detection periods (i.e., the
5797
owner or operator may monitor for leaks once every year) for the valves
JCAR350725-0805429r01
5798
subject to the requirements in Section 725.957.
5799
5800
4)
If the percentage of valves leaking is greater than two percent, the owner
5801
or operator must monitor monthly in compliance with the requirements in
5802
Section 725.957, but may again elect to use this Section after meeting the
5803
requirements of Section 725.957(c)(1).
5804
5805
(Source: Amended at 32 III. Reg.
, effective
5806
5807
SUBPART CC: AIR EMISSION STANDARDS FOR TANKS, SURFACE
5808
IMPOUNDMENTS, AND CONTAINERS
5809
5810
Section 725.990 Recordkeeping Requirements
5811
5812
a)
Each owner or operator of a facility subject to the requirements in this Subpart CC
5813
must record and maintain the information specified in subsections (b) through (j)
5814
of this Section, as applicable to the facility. Except for air emission control
5815
equipment design documentation and information required by subsection (j) of
5816
this Section, records required by this Section must be maintained in the operating
5817
record for a minimum of three years. Air emission control equipment design
5818
documentation must be maintained in the operating record until the air emission
5819
control equipment is replaced or is otherwise no longer in service. Information
5820
required by subsections (i) and (j) of this Section must be maintained in the
5821
operating record for as long as the waste management unit is not using air
5822
emission controls specified in Sections 725.985 through 725.988, in accordance
5823
with the conditions specified in Section 725.980(d) or (b)(7), respectively.
5824
5825
b)
The owner or operator of a tank using air emission controls in accordance with the
5826
requirements of Section 725.985 must prepare and maintain records for the tank
5827
that include the following information:
5828
5829
1)
For each tank using air emission controls in accordance with the
5830
requirements of Section 725.985 of this Subpart CC, the owner or operator
5831
must record the following information:
5832
5833
A)
A tank identification number (or other unique identification
5834
description as selected by the owner or operator); and
5835
5836
B)
A record for each inspection required by Section 725.985 that
5837
includes the following information:
5838
5839
Date inspection was conducted; and
5840
JCAR350725-0805429r01
5841
For each defect detected during the inspection, the location
5842
of the defect, a description of the defect, the date of
5843
detection, and corrective action taken to repair the defect.
5844
In the event that repair of the defect is delayed in
5845
accordance with the provisions of Section 725.985, the
5846
owner or operator must also record the reason for the delay
5847
and the date that completion of repair of the defect is
5848
expected; and
5849
5850
2)
In addition to the information required by subsection (b)(1) of this Section,
5851
the owner or operator must record the following information, as applicable
5852
to the tank:
5853
5854
A)
The owner or operator using a fixed roof to comply with the Tank
5855
Level 1 control requirements specified in Section 725.985(c) must
5856
prepare and maintain records for each determination for the
5857
maximum organic vapor pressure of the hazardous waste in the
5858
tank performed in accordance with the requirements of Section
5859
725.985(c). The records must include the date and time the
5860
samples were collected, the analysis method used, and the analysis
5861
results;
5862
5863
B)
The owner or operator using an internal floating roof to comply
5864
with the Tank Level 2 control requirements specified in Section
5865
725.985(e) must prepare and maintain documentation describing
5866
the floating roof design;
5867
5868
C)
Owners and operators using an external floating roof to comply
5869
with the Tank Level 2 control requirements specified in Section
5870
725.985(f) must prepare and maintain the following records:
5871
5872
i)
Documentation describing the floating roof design and the
5873
dimensions of the tank; and
5874
5875
Records for each seal gap inspection required by Section
5876
725.985(0(3) describing the results of the seal gap
5877
measurements. The records must include the date that the
5878
measurements were performed, the raw data obtained for
5879
the measurements, and the calculations of the total gap
5880
surface area. In the event that the seal gap measurements
5881
do not conform to the specifications in Section
5882
725.985(0(1), the records must include a description of the
5883
repairs that were made, the date the repairs were made, and
JCAR350725-0805429r01
5884
the date the tank was emptied, if necessary.
5885
5886
D)
Each owner or operator using an enclosure to comply with the
5887
Tank Level 2 control requirements specified in Section 725.9850)
5888
must prepare and maintain the following records:
5889
5890
i)
Records for the most recent set of calculations and
5891
measurements performed by the owner or operator to verify
5892
that the enclosure meets the criteria of a permanent total
5893
enclosure as specified in "Procedure T–Criteria for and
5894
Verification of a Permanent or Temporary Total Enclosure"
5895
under appendix B to 40 CFR 52.741 (VOM Measurement
5896
Techniques for Capture Efficiency), incorporated by
5897
reference in 35 Ill. Adm. Code 720.111(b); and
5898
5899
Records required for the closed-vent system and control
5900
device in accordance with the requirements of subsection
5901
(e) of this Section.
5902
5903 c)
The owner or operator of a surface impoundment using air emission controls in
5904
accordance with the requirements of Section 725.986 must prepare and maintain
5905
records for the surface impoundment that include the following information:
5906
5907
1)
A surface impoundment identification number (or other unique
5908
identification description as selected by the owner or operator);
5909
5910
2)
Documentation describing the floating membrane cover or cover design,
5911
as applicable to the surface impoundment, that includes information
5912
prepared by the owner or operator or provided by the cover manufacturer
5913
or vendor describing the cover design, and certification by the owner or
5914
operator that the cover meets the specifications listed in Section
5915
725.986(c);
5916
5917
3)
A record for each inspection required by Section 725.986 that includes the
5918
following information:
5919
5920
A)
Date inspection was conducted; and
5921
5922
B)
For each defect detected during the inspection the following
5923
information: the location of the defect, a description of the defect,
5924
the date of detection, and corrective action taken to repair the
5925
defect. In the event that repair of the defect is delayed in
5926
accordance with the provisions of Section 725.986(0, the owner or
JCAR350725-0805429r01
5927
operator must also record the reason for the delay and the date that
5928
completion of repair of the defect is expected; and
5929
5930
4)
For a surface impoundment equipped with a cover and vented through a
5931
closed-vent system to a control device, the owner or operator must prepare
5932
and maintain the records specified in subsection (e) of this Section.
5933
5934
d)
The owner or operator of containers using Container Level 3 air emission controls
5935
in accordance with the requirements of Section 725.987 must prepare and
5936
maintain records that include the following information:
5937
5938
1)
Records for the most recent set of calculations and measurements
5939
performed by the owner or operator to verify that the enclosure meets the
5940
criteria of a permanent total enclosure as specified in "Procedure T
5941
Criteria for and Verification of a Permanent or Temporary Total
5942
Enclosure" under appendix B to 40 CFR 52.741 (VOM Measurement
5943
Techniques for Capture Efficiency); and
5944
5945
2)
Records required for the closed-vent system and control device in
5946
accordance with the requirements of subsection (e) of this Section.
5947
5948
e)
The owner or operator using a closed-vent system and control device in
5949
accordance with the requirements of Section 725.988 must prepare and maintain
5950
records that include the following information:
5951
5952
1)
Documentation for the closed-vent system and control device that includes
5953
the following:
5954
5955
A)
Certification that is signed and dated by the owner or operator
5956
stating that the control device is designed to operate at the
5957
performance level documented by a design analysis as specified in
5958
subsection (e)(1)(B) of this Section or by performance tests as
5959
specified in subsection (e)(1)(C) of this Section when the tank,
5960
surface impoundment, or container is or would be operating at
5961
capacity or the highest level reasonably expected to occur;
5962
5963
B)
If a design analysis is used, then design documentation, as
5964
specified in Section 725.935(b)(4). The documentation must
5965
include information prepared by the owner or operator or provided
5966
by the control device manufacturer or vendor that describes the
5967
control device design in accordance with Section 725.935(b)(4)(C)
5968
and certification by the owner or operator that the control
5969
equipment meets the applicable specifications;
JCAR350725-0805429r01
5970
5971
C)
If performance tests are used, then a performance test plan as
5972
specified in Section 725.935(b)(3) and all test results;
5973
5974
D)
Information as required by Section 725.935(c)(1) and (c)(2), as
5975
applicable;
5976
5977
E)
An owner or operator must record, on a semiannual basis, the
5978
following information for those planned routine maintenance
5979
operations that would require the control device not to meet the
5980
requirements of Section 725.988(c)(1)(A), (c)(1)(B), or (c)(1)(C),
5981
as applicable:
5982
5983
i)
A description of the planned routine maintenance that is
5984
anticipated to be performed for the control device during
5985
the next six-month period. This description must include
5986
the type of maintenance necessary, planned frequency of
5987
maintenance, and lengths of maintenance periods; and
5988
5989
A description of the planned routine maintenance that was
5990
performed for the control device during the previous six-
5991
month period. This description must include the type of
5992
maintenance performed and the total number of hours
5993
during those six months that the control device did not meet
5994
the requirements of Section 725.988(c)(1)(A), (c)(1)(B), or
5995
(c)(1)(C), as applicable, due to planned routine
5996
maintenance;
5997
5998
F)
An owner or operator must record the following information for
5999
those unexpected control device system malfunctions that would
6000
require the control device not to meet the requirements of Section
6001
725.988(c)(1)(A), (c)(1)(B), or (c)(1)(C), as applicable:
6002
6003
i)
The occurrence and duration of each malfunction of the
6004
control device system;
6005
6006
ii)
The duration of each period during a malfunction when
6007
gases, vapors, or fumes are vented from the waste
6008
management unit through the closed-vent system to the
6009
control device while the control device is not properly
6010
functioning; and
6011
6012
iii)
Actions taken during periods of malfunction to restore a
JCAR350725-0805429r01
6013
malfunctioning control device to its normal or usual
6014
manner of operation; and
6015
6016
G)
Records of the management of carbon removed from a carbon
6017
adsorption system conducted in accordance with Section
6018
725.988(c)(3)(B).
6019
6020
0
The owner or operator of a tank, surface impoundment, or container exempted
6021
from standards in accordance with the provisions of Section 725.983(c) must
6022
prepare and maintain the following records, as applicable:
6023
6024
1)
For tanks, surface impoundments, or containers exempted under the
6025
hazardous waste organic concentration conditions specified in Section
6026
725.983(c)(1) or 725.983(c)(2)(A)725.984(c)(2)(A) through (c)(2)(F), the
6027
owner or operator must record the information used for each waste
6028
determination (e.g., test results, measurements, calculations, and other
6029
documentation) in the facility operating log. If analysis results for waste
6030
samples are used for the waste determination, then the owner or operator
6031
must record the date, time, and location that each waste sample is
6032
collected in accordance with the applicable requirements of Section
6033
725.984; and
6034
6035
2)
For tanks, surface impoundments, or containers exempted under the
6036
provisions of Section 725.983(c)(2)(G) or (c)(2)(H), the owner or operator
6037
must record the identification number for the incinerator, boiler, or
6038
industrial furnace in which the hazardous waste is treated.
6039
6040
g)
An owner or operator designating a cover as "unsafe to inspect and monitor"
6041
pursuant to Section 725.9850) must record in a log that is kept in the facility
6042
operating record the following information: the identification numbers for waste
6043
management units with covers that are designated as "unsafe to inspect and
6044
monitor," the explanation for each cover stating why the cover is unsafe to inspect
6045
and monitor, and the plan and schedule for inspecting and monitoring each cover.
6046
6047
h)
The owner or operator of a facility that is subject to this Subpart CC and to the
6048
control device standards in federal subpart VV of 40 CFR 60 (Standards of
6049
Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals
6050
Manufacturing Industry), or subpart V of 40 CFR 61 (National Emission Standard
6051
for Equipment Leaks (Fugitive Emission Sources), each incorporated by reference
6052
in 35 111. Adm. Code 270.111, may elect to demonstrate compliance with the
6053
applicable Sections of this Subpart by documentation either pursuant to this
6054
Subpart CC, or pursuant to the provisions of subpart VV of 40 CFR 60 or subpart
6055
V of 40 CFR 61, to the extent that the documentation required by 40 CFR 60 or
JCAR350725-0805429r01
6056
61 duplicates the documentation required by this Section.
6057
6058
For each tank or container not using air emission controls specified in Sections
6059
725.985 through 725.988 in accordance with the conditions specified in Section
6060
725.980(d), the owner or operator must record and maintain the following
6061
information:
6062
6063
1)
A list of the individual organic peroxide compounds manufactured at the
6064
facility that meet the conditions specified in Section 725.980(d)(1);
6065
6066
2)
A description of how the hazardous waste containing the organic peroxide
6067
compounds identified pursuant to subsection (i)(1) are managed at the
6068
facility in tanks and containers. This description must include the
6069
following information:
6070
6071
A)
For the tanks used at the facility to manage this hazardous waste,
6072
sufficient information must be provided to describe each tank: a
6073
facility identification number for the tank, the purpose and
6074
placement of this tank in the management train of this hazardous
6075
waste, and the procedures used to ultimately dispose of the
6076
hazardous waste managed in the tanks; and
6077
6078
B)
For containers used at the facility to manage this hazardous waste,
6079
sufficient information must be provided to describe the following
6080
for each container: a facility identification number for the
6081
container or group of containers; the purpose and placement of this
6082
container or group of containers in the management train of this
6083
hazardous waste; and the procedures used to ultimately dispose of
6084
the hazardous waste handled in the containers; and
6085
6086
3)
An explanation of why managing the hazardous waste containing the
6087
organic peroxide compounds identified pursuant to subsection (0(1) of
6088
this Section in the tanks or containers identified pursuant to subsection
6089
(0(2) of this Section would create an undue safety hazard if the air
6090
emission controls specified in Sections 725.985 through 725.988 were
6091
installed and operated on these waste management units. This explanation
6092
must include the following information:
6093
6094
A)
For tanks used at the facility to manage this hazardous waste,
6095
sufficient information must be provided to explain: how use of the
6096
required air emission controls on the tanks would affect the tank
6097
design features and facility operating procedures currently used to
6098
prevent an undue safety hazard during the management of this
JCAR350725-0805429r01
6099
hazardous waste in the tanks; and why installation of safety
6100
devices on the required air emission controls, as allowed under this
6101
Subpart CC, would not address those situations in which
6102
evacuation of tanks equipped with these air emission controls is
6103
necessary and consistent with good engineering and safety
6104
practices for handling organic peroxides; and
6105
6106
B)
For containers used at the facility to manage this hazardous waste,
6107
sufficient information must be provided to explain: how use of the
6108
required air emission controls on the containers would affect the
6109
container design features and handling procedures currently used
6110
to prevent an undue safety hazard during management of this
6111
hazardous waste in the containers; and why installation of safety
6112
devices on the required air emission controls, as allowed under this
6113
Subpart CC, would not address those situations in which
6114
evacuation of containers equipped with these air emission controls
6115
is necessary and consistent with good engineering and safety
6116
practices for handling organic peroxides.
6117
6118
For each hazardous waste management unit not using air emission controls
6119
specified in Sections 725.985 through 725.988 in accordance with the provisions
6120
of Section 725.980(b)(7), the owner and operator must record and maintain the
6121
following information:
6122
6123
1)
The certification that the waste management unit is equipped with and
6124
operating air emission controls in accordance with the requirements of an
6125
applicable federal Clean Air Act regulation codified under 40 CFR 60, 61,
6126
or 63; and
6127
6128
2)
An identification of the specific federal requirements codified under 40
6129
CFR 60, 61, or 63 with which the waste management unit is in
6130
compliance.
6131
6132
(Source: Amended at 32 111. Reg.
, effective
6133
6134
SUBPART DD: CONTAINMENT BUILDINGS
6135
6136
Section 725.1100 Applicability
6137
6138
The requirements of this Subpart DD apply to owners or operators that store or treat hazardous
6139
waste in units designed and operated under Section 725.1101
6140
effective on February 18, 1993. The owner or operator is not subject to the definition of land
6141
disposal in 35 Ill. Adm. Code 728.102 provided that the following is true of the unit:
JCAR350725-0805429r01
6142
6143
a)
It is a completely enclosed, self-supporting structure that is designed and
6144
constructed of manmade materials of sufficient strength and thickness to support
6145
themselves, the waste contents, and any personnel and heavy equipment that
6146
operate within the unit, and to prevent failure due to any of the following causes:
6147
6148
1)
Pressure gradients;
6149
6150
2)
Settlement, compression, or uplift;
6151
6152
3)
Physical contact with the hazardous wastes to which they are exposed;
6153
6154
4)
Climatic conditions; or
6155
6156
5)
The stresses of daily operation including the movement of heavy
6157
equipment within the unit and contact of such equipment with containment
6158
walls;
6159
6160 b)
It has a primary barrier that is designed to be sufficiently durable to withstand the
6161
movement of personnel, wastes, and handling equipment within the unit;
6162
6163
c)
If used to manage liquids, the unit has the following design features:
6164
6165
1)
A primary barrier designed and constructed of materials to prevent
6166
migration of hazardous constituents into the barrier;
6167
6168
2)
A liquid collection system designed and constructed of materials to
6169
minimize the accumulation of liquid on the primary barrier; and
6170
6171
3)
A secondary containment system designed and constructed of materials to
6172
prevent migration of hazardous constituents into the barrier, with a leak
6173
detection and liquid collection system capable of detecting, collecting, and
6174
removing leaks of hazardous constituents at the earliest possible time,
6175
unless the unit has been granted a variance from the secondary
6176
containment system requirements under subsection 725.1101(b)(4);
6177
6178
d)
It has controls sufficient to preventpermit fugitive dust emissions to meet the no
6179
visible emission standard in subsection 725.1101(c)(1)(D); and
6180
6181
e)
It is designed and operated to ensure containment and prevent the tracking of
6182
materials from the unit by personnel or equipment.
6183
6184
(Source: Amended at 32 III. Reg.
, effective
JCAR350725-0805429r01
6185
6186
Section 725.1101 Design and Operating Standards
6187
6188
a)
All containment buildings must comply with the following design and operating
6189
standards:
6190
6191
1)
The containment building must be completely enclosed with a floor, walls,
6192
and a roof to prevent exposure to the elements (e.g. precipitation, wind,
6193
run on) and to assure containment of managed wastes;
6194
6195
2)
The floor and containment walls of the unit, including the secondary
6196
containment system if required under subsection (b) of this Section, must
6197
be designed and constructed of materials of sufficient strength and
6198
thickness to support themselves, the waste contents, and any personnel and
6199
heavy equipment that operate within the unit, and to prevent failure due to
6200
pressure gradients, settlement, compression, or uplift, physical contact
6201
with the hazardous wastes to which they are exposed; climatic conditions;
6202
and the stresses of daily operation, including the movement of heavy
6203
equipment within the unit and contact of such equipment with containment
6204
walls. The unit must be designed so that it has sufficient structural
6205
strength to prevent collapse or other failure. All surfaces to be in contact
6206
with hazardous wastes must be chemically compatible with those wastes.
6207
The containment building must meet the structural integrity requirements
6208
established by professional organizations generally recognized by the
6209
industry such as the American Concrete Institute (fACT)4 and the
6210
American Society of Testing Materials GASTM11. If appropriate to the
6211
nature of the waste management operation to take place in the unit, an
6212
exception to the structural strength requirement may be made for light-
6213
weight doors and windows that meet these criteria:
6214
6215
A)
They provide an effective barrier against fugitive dust emissions
6216
under subsection (c)(1)(D) of this Section; and
6217
6218
B)
The unit is designed and operated in a fashion that assures that
6219
wastes will not actually come in contact with these openings;
6220
6221
3)
Incompatible hazardous wastes or treatment reagents must not be placed in
6222
the unit or its secondary containment system if they could cause the unit or
6223
secondary containment system to leak, corrode, or otherwise fail; and
6224
6225
4)
A containment building must have a primary barrier designed to withstand
6226
the movement of personnel, waste, and handling equipment in the unit
6227
during the operating life of the unit and appropriate for the physical and
JCAR350725-0805429r01
6228
chemical characteristics of the waste to be managed.
6229
6230
b)
For a containment building used to manage hazardous wastes containing free
6231
liquids or treated with free liquids (the presence of which is determined by the
6232
paint filter test, a visual examination, or other appropriate means), the owner or
6233
operator must include the following design features:
6234
6235
I)
A primary barrier designed and constructed of materials to prevent the
6236
migration of hazardous constituents into the barrier (e.g., a geomembrane
6237
covered by a concrete wear surface).
6238
6239
2)
A liquid collection and removal system to minimize the accumulation of
6240
liquid on the primary barrier of the containment building:
6241
6242
A)
The primary barrier must be sloped to drain liquids to the
6243
associated collection system; and
6244
6245
B)
Liquids and waste must be collected and removed to minimize
6246
hydraulic head on the containment system at the earliest
6247
practicable time.
6248
6249
3)
A secondary containment system including a secondary barrier designed
6250
and constructed to prevent migration of hazardous constituents into the
6251
barrier, and a leak detection system that is capable of detecting failure of
6252
the primary barrier and collecting accumulated hazardous wastes and
6253
liquids at the earliest practicable time.
6254
6255
A)
The requirements of the leak detection component of the secondary
6256
containment system are satisfied by installation of a system that is,
6257
at a minimum, as follows:
6258
6259
It is constructed with a bottom slope of 1 percent or more;
6260
and
6261
6262
ii)
It is constructed of a granular drainage material with a
6263
hydraulic conductivity of 1 x 10-2
cm/sec or more and a
6264
thickness of 12 inches (30.5 cm) or more, or constructed of
6265
synthetic or geonet drainage materials with a transmissivity
6266
of 3 x 10
-5 m2
/sec or more.
6267
6268
B)
If treatment is to be conducted in the building, an area in which
6269
such treatment will be conducted must be designed to prevent the
6270
release of liquids, wet materials, or liquid aerosols to other portions
JCAR350725-0805429r01
6271
of the building.
6272
6273
C)
The secondary containment system must be constructed of
6274
materials that are chemically resistant to the waste and liquids
6275
managed in the containment building and of sufficient strength and
6276
thickness to prevent collapse under the pressure exerted by
6277
overlaying materials and by any equipment used in the
6278
containment building. (Containment buildings can serve as
6279
secondary containment systems for tanks placed within the
6280
building under certain conditions. A containment building can
6281
serve as an external liner system for a tank, provided it meets the
6282
requirements of Section 725.293(e)(1)
.
:
. In addition,
6283
the containment building must meet the requirements of
6284
subsections 725.293(b) and (c) to be an acceptable secondary
6285
containment system for a tank.)
6286
6287
4)
For existing units other than 90-day generator units, USEPA may delay
6288
the secondary containment requirement for up to two years, based on a
6289
demonstration by the owner or operator that the unit substantially meets
6290
the standards of this Subpart DD. In making this demonstration, the
6291
owner or operator must do each of the following:
6292
6293
A)
Provide written notice to USEPA of their request by November 16,
6294
1992. This notification must describe the unit and its operating
6295
practices with specific reference to the performance of existing
6296
systems, and specific plans for retrofitting the unit with secondary
6297
containment;
6298
6299
B)
Respond to any comments from USEPA on these plans within 30
6300
days; and
6301
6302
C)
Fulfill the terms of the revised plans, if such plans are approved by
6303
USEPA.
6304
6305
c)
Owners or operators of all containment buildings must do each of the following:
6306
6307
1)
It must useUse controls and practice to ensure containment of the
6308
hazardous waste within the unit, and at a minimum do each of the
6309
following:
6310
6311
A)
It must maintainMaintain the primary barrier to be free of
6312
significant cracks, gaps, corrosion, or other deterioration that could
6313
cause hazardous waste to be released from the primary barrier;
JCAR350725-0805429r01
6314
6315
B)
It must maintainMaintain the level of the stored or treated
6316
hazardous waste within the containment walls of the unit so that
6317
the height of any containment wall is not exceeded;
6318
6319
C)
It must takeTake measures to prevent the tracking of hazardous
6320
waste out of the unit by personnel or by equipment used in
6321
handling the waste. An area must be designated to decontaminate
6322
equipment and any rinsate must be collected and properly
6323
managed; and
6324
6325
D)
It must takeTake measures to control fugitive dust emissions such
6326
that any openings (doors, windows, vents, cracks, etc.) exhibit no
6327
visible emissions (see Method 22 (Visual Determination of
6328
Fugitive Emissions from Material Sources and Smoke Emissions
6329
from Flares) in appendix A to 40 CFR 60 (Test Methods),
6330
incorporated by reference in 35111. Adm. Code 720.111(b)). In
6331
addition, all associated particulate collection devices (e.g., fabric
6332
filter, electrostatic precipitator) must be operated and maintained
6333
with sound air pollution control practices (see 40 CFR 60 for
6334
guidance). This state of no visible emissions must be maintained
6335
effectively at all times during routine operating and maintenance
6336
conditions, including when vehicles and personnel are entering and
6337
exiting the unit;
BOARD NOTE: At 40 CFR 264.1101(c)(1)(iv) (2001), USEPA
cites "40 CFR part 60, subpart 292." At 57 Fed. Reg. 37217
(August 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. The Board has chosen to use the
general citation: "40 CFR 60."
2)
It must obtain and keep on-site aOhtain certification by a qualified
Professional Engineerrcgistcrcd profe
r
uional engineer (PE) that the
containment building design meets the requirements of subsections (a)
through (c) of this Section. For units placed into operation prior to
IS
operating record (on site files for generators that are not formally required
operation of the
unit.
After Fcbruary48, 1993, PE certification will be
3)
Throughout the active life of the containment building, if the owner or
6338
6339
6340
6341
6342
6343
6344
6345
6346
6347
6348
6349
6350
6351
6352
6353
6354
6355
6356
JCAR350725-0805429r01
6357
operator detects a condition that could lead to or has caused a release of
6358
hazardous waste, it must repair the condition promptly in accordance with
6359
the following procedures.
-
- •
6360
must-do-the-fellowing:
6361
6362
A)
Upon detection of a condition that has caused to a release of
6363
hazardous wastes (e.g., upon detection of leakage from the primary
6364
barrier) the owner or operator must do the following:
6365
6366
Enter a record of the discovery in the facility operating
6367
record;
6368
6369
Immediately remove the portion of the containment
6370
building affected by the condition from service;
6371
6372
iii)
Determine what steps must be taken to repair the
6373
containment building, remove any leakage from the
6374
secondary collection system, and establish a schedule for
6375
accomplishing the cleanup and repairs; and
6376
6377
Within seven days after the discovery of the condition,
6378
notify the Agency in writing of the condition, and within 14
6379
working days, provide a written notice to the Agency with
6380
a description of the steps taken to repair the containment
6381
building, and the schedule for accomplishing the work;
6382
6383
B)
The Agency must review the information submitted, make a
6384
determination regarding whether the containment building must be
6385
removed from service completely or partially until repairs and
6386
cleanup are complete, and notify the owner or operator of the
6387
determination and the underlying rationale in writing; and
6388
6389
C)
Upon completing all repairs and cleanup the owner and operator
6390
must notify the Agency in writing and provide a verification,
6391
signed by a qualified, registered professional engineer, that the
6392
repairs and cleanup have been completed according to the written
6393
plan submitted in accordance with subsection (c)(3)(A)(iv) of this
6394
Section; and
6395
6396
4)
It must inspectlnspeet and record in the facility's operating record; at least
6397
once every seven days, except for the owner or operator of a Performance
6398
Track member facility, which must inspect the record at least once each
6399
month after approval of the Agency, data gathered from monitoring
JCAR350725-0805429r01
6400
equipment-and leak detection equipment as well as the containment
6401
building and the area immediately surrounding the containment building
6402
to detect signs of releases of hazardous waste. To apply for a reduced
6403
inspection frequency, the owner or operator of a Performance Track
6404
member facility must follow the procedures described in Section
6405
725.115(6)(5).
6406
6407
d)
For a containment buildingbui44ings that containseentain areas both with and
6408
without secondary containment, the owner or operator must do the following:
6409
6410
1)
Design and operate each area in accordance with the requirements
6411
enumerated in subsections (a) through (c) of this Section;
6412
6413
2)
Take measures to prevent the release of liquids or wet materials into areas
6414
without secondary containment; and
6415
6416
3)
Maintain in the facility's operating log a written description of the
6417
operating procedures used to maintain the integrity of areas without
6418
secondary containment.
6419
6420
e)
Notwithstanding any other provision of this Subpart DD, the Agency must, in
6421
writing, allow the use of alternatives to the requirements format-require secondary
6422
containment for a permitted containment building where the Agency has
6423
determined that the facility owner or operator has adequately
6424
demonstrateddemonstrates that the only free liquids in the unit are limited
6425
amounts of dust suppression liquids required to meet occupational health and
6426
safety requirements, and where containment of managed wastes and liquids can
6427
be assured without a secondary containment system.
6428
6429
(Source: Amended at 32 Ill. Reg.
, effective
JCAR350725-0805429r01
6430 Section
725.APPENDIX F Compounds with Henry's Law Constant Less Than 0.1 Y/X (at
6431
25°C)
6432
6433
Compound name
CAS No.
Acetaldol
107-89-1
Acetamide
60-35-5
2-Acetylaminofluorene
53-96-3
3-Acetyl-5-hydroxypiperidine
3-Acetylpiperidine
618-42-8
1-Acetyl-2-thiourea
591-08-2
Acrylamide
79-06-1
Acrylic acid
79-10-7
Adenine
73-24-5
Adipic acid
124-04-9
Adiponitrile
111-69-3
Alachlor
15972-60-8
Aldicarb
116-06-3
Ametryn
834-12-8
4-Aminobiphenyl
92-67-1
4-Aminopyridine
504-24-5
Aniline
62-53-3
o-Anisidine
90-04-0
Anthraquinone
84-65-1
Atrazine
1912-24-9
Benzenearsonic acid
98-05-5
Benzenesulfonic acid
98-11-3
Benzidine
92-87-5
Benzo(a)anthracene
56-55-3
Benzo(k)fluoranthene
207-08-9
Benzoic acid
65-85-0
Benzo(g,h,i)perylene
191-24-2
Benzo(a)pyrene
50-32-8
Benzyl alcohol
100-51-6
ry-BHC
58-89-9
Bis(2-ethylhexyl)phthalate
117-81-7
Bromochloromethyl acetate
Bromoxynil (3,5-Dibromo-4-hydroxybenzonitrile)
1689-84-5
Butyric acid
107-92-6
Caprolactam (hexahydro-2H-azepin-2-one)
105-60-2
Catechol(o-dihydroxybenzene)
120-80-9
Cellulose
9004-34-6
JCAR350725-0805429r01
Cell wall
Chlorhydrin (3-Chloro-1,2-propanediol)
Chloroacetic acid
2-Chloroacetophenone
p-Chloroaniline
p-Chlorobenzophenone
Chlorobenzilate
p-Chloro-m-cresol (6-chloro-m-cresol)
3-Chloro-2,5-diketopyrrolidine
Chloro-1,2-ethane diol
4-Chlorophenol
Chlorophenol polymers (2-chlorophenol
&
4-chlorophenol)
1-(o-Chlorophenyl)thiourea
Chrysene
Citric acid
Creosote
m-Cresol
o-Cresol
p-Cresol
Cresol (mixed isomers)
4-Cumylphenol
Cyanide
4-Cyanomethyl benzoate
Diazinon
Dibenzo(a,h)anthracene
Dibutylphthalate
2,5-Dichloroaniline (N,N'-dichloroaniline)
2,6-Dichlorobenzonitrile
2,6-Dichloro-4-nitroaniline
2,5-Dichlorophenol
3,4-Dichlorotetrahydrofuran
Dichlorvos (DDVP)
Diethanolamine
N,N-Diethylaniline
Diethylene
glycol
Diethylene
glycol
dimethyl ether (dimethyl Carbitol)
Diethylene
glycol
monobutyl ether (butyl Carbitol)
Diethylene
glycol
monoethyl ether acetate (Carbitol acetate)
Diethylene glycol monoethyl ether
(Carbitol Cellosolve)
Diethylene glycol monomethyl ether (methyl Carbitol)
N,N'-Diethylhydrazine
Diethyl(4-methylumbelliferyl)thionophosphate
Diethylphosphorothioate
96-24-2
79-11-8
93-76-5
106-47-8
134-85-0
510-15-6
59-50-7
106-48-9
95-57-8
&
5344-82-1
218-01-9
77-92-9
8001-58-9
108-39-4
95-48-7
106-44-5
1319-77-3
27576-86
57-12-5
333-41-5
53-70-3
84-74-2
95-82-9
1194-65-6
99-30-9
333-41-5
3511-19
62-73-7
111-42-2
91-66-7
111-46-6
111-96-6
112-34-5
112-15-2
111-90-0
111-77-3
1615-80-1
299-45-6
126-75-0
106-48-9
JCAR350725-0805429r01
N,N'-Diethylpropionamide
Dimethoate
2,3-Dimethoxystrychnidin-10-one
4-Dimethylaminoazobenzene
7,12-Dimethylbenz(a)anthracene
3,3-Dimethylbenzidine
Dimethylcarbamoyl chloride
Dimethyldisulfide
Dimethylformamide
1,1-Dimethylhydrazine
Dimethylphthalate
Dimethylsulfone
Dimethylsulfoxide
4,6-Dinitro-o-cresol
1,2-Diphenylhydrazine
Dipropylene
glycol
(1,1'-oxydi-2-propanol)
Endrin
Epinephrine
mono-Ethanolamine
Ethyl carbamate (urethane)
Ethylene glycol
Ethylene glycol monobutyl ether (butyl Cellosolve)
Ethylene
glycol
monoethyl ether (Cellosolve)
Ethylene
glycol
monoethyl ether acetate (Cellosolve acetate)
Ethylene
glycol
monomethyl ether (methyl Cellosolve)
Ethylene
glycol
monophenyl ether (phenyl Cellosolve)
Ethylene
glycol
monopropyl ether (propyl Cellosolve)
Ethylene thiourea (2-imidazolidinethione)
4-Ethylmorpholine
3-Ethylphenol
Fluoroacetic acid, sodium salt
Formaldehyde
Formamide
Formic acid
Fumaric acid
Glutaric acid
Glycerin (Glycerol)
Glycidol
Glycinamide
Glyphosate
Guthion
Hexamethylenel,6-thisocyanate (1,6-diisocyanatohexane)
Hexamethyl phosphoramide
15299-99-7
60-51-5
357-57-3
60-11-7
57-97-6
119-93-7
79-44-7
624-92-0
68-12-2
57-14-7
131-11-3
67-71-0
67-68-5
534-52-1
122-66-7
110-98-5
72-20-8
51-43-4
141-43-5
51-79-6
107-21-1
111-76-2
110-80-5
111-15-9
109-86-4
122-99-6
2807-30-9
96 45 79 64 57
100-74-3
620-17-7
62-74-8
50-00-0
75-12-7
64-18-6
110-17-8
110-94-1
56-81-5
556-52-5
598-41-4
1071-83-6
86-50-0
822-06-0
680-31-9
JCAR350725-0805429r01
Hexanoic acid
142-62-1
Hydrazine
302-01-2
Hydrocyanic acid
74-90-8
Hydroquinone
123-31-9
Hydroxy-2-propionitrile (hydracrylonitrile)
109-78-4
Indeno(1,2,3-cd)pyrene
193-39-5
Lead acetate
301-04-2
Lead subacetate (lead acetate, monobasic)
1335-32-6
Leucine
61-90-5
Malathion
121-75-5
Maleic acid
110-16-7
Maleic anhydride
108-31-6
Mesityl oxide
141-79-7
Methane sulfonic acid
75-75-2
Methomyl
16752-77-5
p-Methoxyphenol
150-76-5
Methylacrylate
96-33-3
4,4'-Methylene-bis-(2-chloroaniline)
101-14-4
4,4'-Methylenediphenyl diisocyanate (diphenyl methane diisocyanate)
101-68-8
4,4'-Methylenedianiline
101-77-9
Methylene diphenylamine (MDA)
5-Methyl furfural
620-02-0
Methylhydrazine
60-34-4
Methyliminoacetic acid
Methyl methane sulfonate
66-27-3
1 -M ethy1-2-methoxyazirid ine
Methylparathion
298-00-0
Methyl sulfuric acid (sulfuric acid, dimethyl ester)
77-78-1
4-Methylthiophenol
106-45-6
Monomethylformamide (N-methylformamide)
123-39-7
Nabam
142-59-6
a-Naphthol
90-15-3
13-Naphthol
135-19-3
a -Naphthylamine
134-32-7
fl
-Naphthylamine
91-59-8
Neopentyl glycol
126-30-7
Niacinamide
98-92-0
o-Nitroaniline
88-74-4
Nitroglycerin
55-63-0
2-Nitrophenol
88-75-5
4-Nitrophenol
100-02-7
N-Nitrosodimethylamine
62-75-9
Nitrosoguanidine
674-81-7
JCAR350725-0805429r01
N-Nitroso-n-methylurea
684-93-5
N-Nitrosomorpholine (4-nitrosomorpholine)
59-89-2
Oxalic acid
144-62-7
Parathion
56-38-2
Pentaerythritol
115-77-5
Phenacetin
62-44-2
Phenol
108-95-2
Phenylacetic acid
103-82-2
m-Phenylene diamine
108-45-2
o-Phenylene diamine
95-54-5
p-Phenylene diamine
106-50-3
Phenyl mercuric acetate
62-38-4
Phorate
298-02-2
Phthalic anhydride
85-44-9
a
-Picoline (2-methyl pyridine)
109-06-8
1,3-Propane sulfone
1120-71-4
16-Propiolactone
57-57-8
Proporur (Baygon)
Propylene glycol
57-55-6
Pyrene
129-00-0
Pyridinium bromide
39416-48-3
Quinoline
91-22-5
Quinone (p-benzoquinone)
106-51-4
Resorcinol
108-46-3
Simazine
122-34-9
Sodium acetate
127-09-3
Sodium formate
141-53-7
Strychnine
57-24-9
Succinic acid
110-15-6
Succinimide
123-56-8
Sulfanilic acid
121-47-1
Terephthalic acid
100-21-0
Tetraethyldithiopyrophosphate
3689-24-5
Tetraethylenepentamine
112-57-2
Thiofanox
39196-18-4
Thiosemicarbazi de
79-19-6
2,4-Toluenediamine
95-80-7
2,6-Toluenediamine
823-40-5
3,4-Toluenediamine
496-72-0
2,4-Toluene diisocyanate
584-84-9
p-Toluic acid
99-94-5
m-Toluidine
108-44-1
1,1,2-Trichloro-1,2,2-trifluoroethane
76-13-1
JCAR350725-0805429r01
Triethanolamine
102-71-6
Triethylene glycol dimethyl ether
Tripropylene glycol
24800-44-0
Warfarin
81-81-2
3,4-Xylenol (3,4-dimethylphenol)
95-65-8
6434
6435
(Source: Amended at 32 Ill. Reg.
_, effective
