reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart C - AUTHORIZATION BY RULE AND INTERIM STATUS › Section 703.150 - Application by Existing HWM Facilities and Interim Status Qualifications

Current through Register Vol. 48, No. 28, July 12, 2024
a) The owner or
				operator of an existing HWM facility or of an HWM facility in existence on the
				effective date of statutory or regulatory amendments that render the facility
				subject to the requirement to have a RCRA permit must submit Part A of the
				permit application to the Agency no later than the following times, whichever
				comes first:
1) Six months after the date of
				publication of regulations that first require the owner or operator to comply
				with standards in 35 Ill. Adm. Code 725 or 726; or
2) Thirty days after the date the owner or
				operator first becomes subject to the standards in 35 Ill. Adm. Code 725 or
				726.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart C - AUTHORIZATION BY RULE AND INTERIM STATUS › Section 703.151 - Application by New HWM Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as provided in subsection (c), no
				person may begin physical construction of a new HWM facility without having
				submitted Part A and Part B of the permit application and having received a
				finally effective RCRA permit;
b)
				An application for a permit for a new HWM facility (including both Part A and
				Part B) may be filed at any time after promulgation of standards in 35 Ill.
				Adm. Code 724 applicable to any TSD unit in the facility. Except as provided in
				subsection (c), all applications must be submitted to the Agency at least 180
				days before physical construction is expected to commence;
c) Notwithstanding subsection (a), a person
				may construct a facility for the incineration of polychlorinated biphenyls
				pursuant to an approval issued by the Administrator of USEPA under Section
				(6)(e) of the federal Toxic Substances Control Act (
				42
				USC 9601 et seq.) and any person owning or
				operating such a facility may, at any time after construction or operation of
				such facility has begun, file an application for a RCRA permit to incinerate
				hazardous waste authorizing such facility to incinerate waste identified or
				listed under 35 Ill. Adm. Code 721.
d) Such persons may continue physical
				construction of the HWM facility after the effective date of the standards
				applicable to it if the person submits Part B of the permit application on or
				before the effective date of such standards (or on some later date specified by
				the Agency). Such person must not operate the HWM facility without having
				received a finally effective RCRA permit.
BOARD NOTE: Derived from
					 40 CFR
					 270.10(f) (2017).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart C - AUTHORIZATION BY RULE AND INTERIM STATUS › Section 703.152 - Amended Part A Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
				any owner or operator of an HWM facility has filed Part A of a permit
				application and has not yet filed Part B, the owner or operator must file an
				amended Part A application with the Agency, as follows:
1) No later than the effective date of
				revised regulations under 35 Ill. Adm. Code 721 listing or identifying
				additional hazardous wastes, if the facility is treating, storing or disposing
				of any of those newly listed or identified wastes;
2) As necessary to comply with provisions of
				Section
				703.155
				for changes during interim status.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart C - AUTHORIZATION BY RULE AND INTERIM STATUS › Section 703.153 - Qualifying for Interim Status

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Any person who owns or operates an existing HWM facility or a facility in
				existence on the effective date of statutory or regulatory amendments that
				render the facility subject to the requirement to have a RCRA permit must have
				interim status and must be treated as having been issued a permit to the extent
				he or she has fulfilled the following requirements:
1) The owner or operator has complied with
				the requirements of Section 3010(a) of the federal Resource Conservation and
				Recovery Act (
				42 USC
				6930(a) ) pertaining to
				notification of hazardous waste activity;
BOARD NOTE: Some existing facilities may not be required to
				  file a notification under Section 3010(a) of the federal Resource Conservation
				  and Recovery Act (
				  42 USC
				  6930(a) ). These facilities
				  may qualify for interim status by meeting subsection (a)(2).
2) The owner or operator has complied with
				the requirements of Sections
				703.150
				and
				703.152
				governing submission of Part A applications.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart C - AUTHORIZATION BY RULE AND INTERIM STATUS › Section 703.154 - Prohibitions During Interim Status

Current through Register Vol. 48, No. 28, July 12, 2024
During the interim status period the facility must not do any
				  of the following:
a) Treat, store, or
				dispose of hazardous waste not specified in Part A of the permit
				application;
b) Employ processes
				not specified in Part A of the permit application; or
c) Exceed the design capacities specified in
				Part A of the permit application.
BOARD NOTE: Derived from
					 40 CFR
					 270.71(a)
					 (2002).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart C - AUTHORIZATION BY RULE AND INTERIM STATUS › Section 703.156 - Interim Status Standards

Current through Register Vol. 48, No. 28, July 12, 2024
During interim status, an owner or operator must comply with
				  the interim status standards of 35 Ill. Adm. Code 725.
BOARD NOTE: Derived from
					 40 CFR
					 270.71(b)
					 (2002).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart C - AUTHORIZATION BY RULE AND INTERIM STATUS › Section 703.157 - Grounds for Termination of Interim Status

Current through Register Vol. 48, No. 28, July 12, 2024
Interim status terminates when either of the following
				  occurs:
a) Final administrative
				disposition is made of a permit application, except an application for a
				remedial action plan (RAP) under Subpart H; or
b) The owner or operator fails to furnish a
				requested Part B application on time, or to furnish the full information
				required by the Part B application, in which case the Agency must notify the
				owner and operator of the termination of interim status following the
				procedures for a notice of intent to deny a permit pursuant to 35 Ill. Adm.
				Code 705.
c) Corresponding
				40 CFR
				270.10(e)(1)(iii) required a
				RCRA Part B permit application before a date long past. This statement
				maintains structural consistency with the federal rules.
d) For an owner or operator of a land
				disposal facility that is in existence on the effective date of statutory or
				regulatory amendments under the federal Resource Conservation and Recovery Act
				(
				42 USC
				6901 et seq.) that render the facility
				subject to the requirement to have a RCRA permit and which is granted interim
				status, twelve months after the date on which the facility first becomes
				subject to such permit requirement, unless the owner or operator of such
				facility does as follows:
1) It submits a
				Part B application for a RCRA permit for such facility before the date 12
				months after the date on which the facility first becomes subject to such
				permit requirement; and
2) It
				certifies that such facility is in compliance with all applicable groundwater
				monitoring and financial responsibility requirements.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart C - AUTHORIZATION BY RULE AND INTERIM STATUS › Section 703.158 - Permits for Less Than an Entire Facility

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency may issue or deny a permit for one or more units
				  at a facility without simultaneously issuing or denying a permit to all of the
				  units at the facility. The interim status of any unit for which a permit has
				  not been issued or denied is not affected by the issuance or denial of a permit
				  to any other unit at the facility.
BOARD NOTE: Derived from
					 40 CFR
					 270.1(c)(4)
					 (1992).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart C - AUTHORIZATION BY RULE AND INTERIM STATUS › Section 703.159 - Closure by Removal

Current through Register Vol. 48, No. 28, July 12, 2024
An owner or operator of a surface impoundment, a land
				  treatment unit, or a waste pile that is closing by removal or decontamination
				  under 35 Ill. Adm. Code 725 standards must obtain a post-closure permit, unless
				  it demonstrates to the Agency that the closure met the standards for closure by
				  removal or decontamination in 35 Ill. Adm. Code
				  724.328,
				  724.380(e),
				  or
				  724.358,
				  respectively. The demonstration may be made in the following ways:
a) If the owner or operator has submitted a
				Part B application for a post-closure permit, the owner or operator may request
				a determination, based on information contained in the application, that 35
				Ill. Adm. Code 724 closure by removal standards are met. If the Agency makes a
				tentative decision that the 35 Ill. Adm. Code 724 standards are met, the Agency
				will notify the public of this proposed decision, allow for public comment and
				reach a final determination according to the procedures in Section
				703.160.
b) If the owner or operator has not submitted
				a Part B application for a post-closure permit, the owner or operator may
				petition the Agency for a determination that a post-closure permit is not
				required because the closure met the applicable 35 Ill. Adm. Code 724
				standards.
1) The petition must include data
				demonstrating that closure by removal or decontamination standards were
				met.
2) The Agency must approve or
				deny the petition according to the procedures outlined in Section
				703.160.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart C - AUTHORIZATION BY RULE AND INTERIM STATUS › Section 703.160 - Procedures for Closure Determination

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a facility owner or operator seeks an
				equivalency determination under Section
				703.159, the
				Agency must provide the public, through a newspaper notice, the opportunity to
				submit written comments on the information submitted by the owner or operator
				within 30 days from the date of the notice. The Agency must also, in response
				to a request or at its own discretion, hold a public hearing whenever such a
				hearing might clarify one or more issues concerning the equivalence of the 35
				Ill. Adm. Code 725 closure to a 35 Ill. Adm. Code 724 closure. The Agency must
				give public notice of the hearing at least 30 days before it occurs. (Public
				notice of the hearing may be given at the same time as notice of the
				opportunity for the public to submit written comments, and the two notices may
				be combined.)
b) The Agency must
				determine whether the 35 Ill. Adm. Code 725 closure met the 35 Ill. Adm. Code
				724 closure by removal or decontamination requirements within 90 days after
				receipt of the request or petition. If the Agency finds that the closure did
				not meet the applicable 35 Ill. Adm. Code 724 standards, it must provide the
				owner or operator with a written statement of the reasons why the closure
				failed to meet 35 Ill. Adm. Code 724 standards. The owner or operator may
				submit additional information in support of an equivalency demonstration within
				30 days after receiving such written statement. The Agency mustreview any
				additional information submitted and make a final determination within 60
				days.
c) If the Agency determines
				that the facility did not close in accordance with 35 Ill. Adm. Code 724
				closure by removal standards, the facility is subject to post-closure
				permitting requirements.
BOARD NOTE: See
					 40 CFR
					 270.1(c)(6)
					 (2002).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart C - AUTHORIZATION BY RULE AND INTERIM STATUS › Section 703.161 - Enforceable Document for Post-Closure Care

Current through Register Vol. 48, No. 28, July 12, 2024
a) An owner or operator may obtain an
				enforceable document containing alternative requirements for post-closure care
				that imposes the requirements of 35 Ill. Adm. Code
				725.221.
				"Enforceable document containing alternative requirements" or "other
				enforceable document", as used in this Part and in 35 Ill. Adm. Code 724 and
				725, means an order of the Board, an Agency-approved plan, or an order of a
				court of competent jurisdiction that meets the requirements of subsection (b).
				An "enforceable document containing alternative requirements" or "other
				enforceable document", may also mean an order of USEPA (such as pursuant to
				section 3008(h) of RCRA,
				42 USC
				6928(h), or under section
				106 of the federal Comprehensive Environmental Response, Compensation and
				Liability Act,
				42 USC 9606 ).
BOARD NOTE: Derived from
				  40 CFR
				  270.1(c)(7)
				  (2017).
b) Any alternative
				requirements issued under this Section or established to satisfy the
				requirements of 35 Ill. Adm. Code
				724.190(f),
				724.210(c),
				724.240(d),
				725.190(f),
				725.210(c),
				or
				725.240(d)
				must be embodied in a document that is enforceable and subject to appropriate
				compliance orders and civil penalties under Titles VIII and XII of the Act.
BOARD NOTE: Derived from
					 40 CFR
					 271.16(e) (2017).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart D - APPLICATIONS › Section 703.180 - Applications in General

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				This Subpart D contains requirements for applications for RCRA permits. A "Part
				A" application is required of all facilities to obtain interim status. The
				"Part B" application is a prerequisite to an actual permit, and need be filed
				for an existing facility with interim status only when requested. New
				facilities must file Part A and Part B at the same time;
b) Subpart E of this Part contains
				requirements for applications for emergency permits, trial burn permits and
				land treatment demonstration permits;
c) The application package must consist of
				the following:
1) Information required by 35
				Ill. Adm. Code
				702.123;
2) Part A (Section
				703.181
				);
3) Part B, as follows:
A) General information (Section
				703.183
				);
B) Facility location information
				(Section
				703.184
				);
C) Groundwater protection
				information, if required (Section
				703.185
				);
D) Specific information for each
				type of TSD unit, i.e. tanks, surface impoundments, landfills, etc. (Sections
				703.200
				et seq.);
E) Additional information
				to demonstrate compliance with 35 Ill. Adm. Code 724 (Section
				703.183(t)
				 );
F) Information for trial burn permits and
				land treatment demonstrations (Subpart E of this Part).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart D - APPLICATIONS › Section 703.181 - Contents of Part A

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to the information in 35 Ill. Adm. Code
				  702.123,
				  Part A of the RCRA application must include the following information:
a) The latitude and longitude of the
				facility;
b) The name, address, and
				telephone number of the owner of the facility;
c) An indication of whether the facility is
				new or existing and whether it is a first or revised application;
d) For existing facilities, a scale drawing
				of the facility showing the location of all past, present, and future
				treatment, storage, and disposal areas;
e) For existing facilities, photographs of
				the facility clearly delineating all existing structures; existing treatment,
				storage, and disposal areas; and sites of future treatment, storage, and
				disposal areas;
f) A description of
				the processes to be used for treating, storing, and disposing of hazardous
				waste, and the design capacity of these items;
g) A specification of the hazardous wastes
				listed or designated under 35 Ill. Adm. Code 721 to be treated, stored, or
				disposed of at the facility, an estimate of the quantity of such wastes to be
				treated, stored, or disposed of annually, and a general description of the
				processes to be used for such wastes.
h) For hazardous debris, a description of the
				debris categories and containment categories to be treated, stored, or disposed
				of at the facility.
BOARD NOTE: Derived from
					 40 CFR
					 270.13(b), (e), (g), (h) through (j), and
					 (n)
					 (2012).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart D - APPLICATIONS › Section 703.182 - Contents of Part B

Current through Register Vol. 48, No. 28, July 12, 2024
Part B information requirements presented in Sections
				  703.183 et
				  seq. reflect the standards promulgated in 35 Ill. Adm. Code 724. These
				  information requirements are necessary in order for the Agency to determine
				  compliance with the 35 Ill. Adm. Code 724 standards. If an owner or operator of
				  a HWM facility can demonstrate that the information prescribed in Part B cannot
				  be provided to the extent required, the Agency may make allowance for
				  submission of such information on a case by case basis. Information required in
				  Part B must be submitted to the Agency and signed in accordance with the
				  requirements in 35 Ill. Adm. Code
				  702.126.
				  Certain technical data, such as design drawings and specifications and
				  engineering studies, must be certified by a qualified Professional Engineer.
				  For post-closure care permits, only the information specified in Section
				  703.214
				  is required in Part B of the permit application. Part B of the RCRA application
				  includes the following:
a) General
				information (Section 703.183);
b)
				Facility location information (Section
				703.184
				);
c) Groundwater protection
				information (Section
				703.185
				);
d) Exposure information (Section
				703.186 );
				and
e) Specific information
				(Section
				703.200
				et seq.).
BOARD NOTE: Derived from
					 40 CFR
					 270.14(a)
					 (2007).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart D - APPLICATIONS › Section 703.183 - General Information

Current through Register Vol. 48, No. 28, July 12, 2024
The following information is required in the Part B
				  application for all HWM facilities, except as 35 Ill. Adm. Code
				  724.101
				  provides otherwise:
a) A general
				description of the facility;
b)
				Chemical and physical analyses of the hazardous wastes and hazardous debris to
				be handled at the facility. At a minimum, these analyses must contain all the
				information that must be known to treat, store, or dispose of the wastes
				properly in accordance with 35 Ill. Adm. Code 724;
c) A copy of the waste analysis plan required
				by 35 Ill. Adm. Code
				724.113(b)
				and, if applicable, 35 Ill. Adm. Code
				724.113(c);
d) A description of the security procedures
				and equipment required by 35 Ill. Adm. Code
				724.114, or a
				justification demonstrating the reasons for requesting a waiver of this
				requirement;
e) A copy of the
				general inspection schedule required by 35 Ill. Adm. Code
				724.115(b).
				Include where applicable, as part of the inspection schedule, specific
				requirements in 35 Ill. Adm. Code
				724.274,
				724.293(i),
				724.295,
				724.326,
				724.354,
				724.373,
				724.403,
				724.702,
				724.933,
				724.952,
				724.953,
				724.958,
				724.984,
				724.985,
				724.986,
				and
				724.988;
f) A justification of any request for a
				waiver of the preparedness and prevention requirements of Subpart C of 35 Ill.
				Adm. Code 724;
g) A copy of the
				contingency plan required by Subpart D of 35 Ill. Adm. Code 724;
BOARD NOTE: Include, where applicable, as part of the
				  contingency plan, specific requirements in 35 Ill. Adm. Code
				  724.200
				  and
				  724.327.
				  Corresponding
				  40 CFR
				  270.14(b)(7) refers to the
				  requirements of
				  40 CFR
				  264.255 (corresponding with 35 Ill. Adm. Code
				  724.355 ), marked "reserved" by USEPA.
h) A description of procedures, structures,
				or equipment used at the facility as follows:
1) To prevent hazards in unloading operations
				(for example, ramps, or special forklifts);
2) To prevent run-off from hazardous waste
				handling areas to other areas of the facility or environment, or to prevent
				flooding (for example, berms, dikes, or trenches);
3) To prevent contamination of water
				supplies;
4) To mitigate effects of
				equipment failure and power outages;
5) To prevent undue exposure of personnel to
				hazardous waste (for example, protective clothing); and
6) To prevent releases to the
				atmosphere;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart D - APPLICATIONS › Section 703.184 - Facility Location Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) In order to show compliance with the
				facility location requirements of Section 21(l) of the Environmental Protection
				Act [415 ILCS
				5/21(l) ], the owner or operator must
				include the following information, or a demonstration that Section 21(l) does
				not apply:
1) The location of any active or
				inactive shaft or tunneled mine below the facility;
2) The location of any active faults in the
				earth's crust within two miles of the facility boundary;
3) The location of existing private wells or
				existing sources of a public water supply within 1000 feet of any disposal unit
				boundary;
4) The location of the
				corporate boundaries of any municipalities within one and one-half miles of the
				facility boundary;
BOARD NOTE: Subsections (a)(1), (a)(2), (a)(3), and (a)(4)
				  request information necessary to allow the Agency to determine the
				  applicability of Section 21(l) of the Environmental Protection Act
				  [415 ILCS
				  5/21(l) ] requirements. These
				  provisions are not intended to modify the requirements of the Act. For example,
				  the operator is required to give the location of wells on its own property,
				  even though the Agency might find that these do not prohibit the site
				  location.
5) Documentation
				showing approval of municipalities if such approval is required by Section
				21(l) of the Environmental Protection Act [415 ILCS
				5/21(l) ];
BOARD NOTE: This subsection (a) is a State-only requirement
				  derived from
				  415 ILCS
				  5/21(l).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart D - APPLICATIONS › Section 703.185 - Groundwater Protection Information

Current through Register Vol. 48, No. 28, July 12, 2024
The following additional information regarding protection of
				  groundwater is required from an owner or operator of a hazardous waste facility
				  containing a regulated unit, except as provided in 35 Ill. Adm. Code
				  724.190(b):
a) A summary of the groundwater monitoring
				data obtained during the interim status period under 35 Ill. Adm. Code
				725.190
				through
				725.194,
				where applicable;
b) Identification
				of the uppermost aquifer and aquifers hydraulically interconnected beneath the
				facility property, including groundwater flow direction and rate, and the basis
				for such identification (i.e., the information obtained from hydrogeologic
				investigations of the facility area);
c) On the topographic map required under
				Section
				703.183(s),
				a delineation of the waste management area, the property boundary, the proposed
				"point of compliance" as defined under 35 Ill. Adm. Code
				724.195, the
				proposed location of groundwater monitoring wells as required under 35 Ill.
				Adm. Code
				724.197
				and, to the extent possible, the information required in subsection (b) of this
				Section;
d) A description of any
				plume of contamination that has entered the groundwater from a regulated unit
				at the time that the application is submitted that does the following:
1) It delineates the extent of the plume on
				the topographic map required under Section
				703.183(s);
2) It identifies the concentration of each
				Appendix I to 35 Ill. Adm. Code 724 constituent throughout the plume or
				identifies the maximum concentrations of each Appendix I to 35 Ill. Adm. Code
				724 constituent in the plume;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart D - APPLICATIONS › Section 703.186 - Exposure Information

Current through Register Vol. 48, No. 28, July 12, 2024
Any Part B permit application submitted by an owner or
				  operator of a facility that stores, treats, or disposes of hazardous waste in a
				  surface impoundment or a landfill must be accompanied by information,
				  reasonably ascertainable by the owner or operator, on the potential for the
				  public to be exposed to hazardous wastes or hazardous constituents through
				  releases related to the unit. At a minimum, such information must address the
				  following:
a) Reasonably foreseeable
				potential releases from both normal operations and accidents at the unit,
				including releases associated with transportation to or from the
				unit;
b) The potential pathways of
				human exposure to hazardous wastes or constituents resulting from the releases
				described under subsection (a); and
c) The potential magnitude and nature of the
				human exposure resulting from such releases.
BOARD NOTE: Derived from
					 40 CFR
					 270.10(j) (2017).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart D - APPLICATIONS › Section 703.187 - Solid Waste Management Units

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The following information is required for each solid waste management unit at a
				facility seeking a permit:
1) The location of
				the unit on the topographic map required under Section
				703.183(s);
2) Designation of the type of unit;
3) General dimensions and structural
				description (supply any available drawings);
4) When the unit was operated; and
5) Specification of all wastes that have been
				managed at the unit, to the extent available.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart D - APPLICATIONS › Section 703.188 - Other Information

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency may require a permittee or applicant to submit
				  information in order to establish permit conditions pursuant to Section
				  703.241(a)(2)
				   (conditions necessary to adequately protect
				  human health and the environment) and 35 Ill. Adm. Code
				  702.161
				  (duration of permits).
BOARD NOTE: Derived from
					 40 CFR
					 270.10(k)
					 (2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart D - APPLICATIONS › Section 703.189 - Additional Information Required to Assure Compliance with MACT Standards

Current through Register Vol. 48, No. 28, July 12, 2024
If the Agency determines, based on one or more of the factors
				  listed in subsection (a) that compliance with the standards of subpart EEE of
				  40 CFR 63, incorporated by reference in 35 Ill. Adm. Code
				  720.111, alone may not
				  adequately protect human health and the environment, the Agency must require
				  the additional information or assessments necessary to determine whether
				  additional controls are necessary to ensure adequate protection of human health
				  and the environment. This includes information necessary to evaluate the
				  potential risk to human health or the environment resulting from both direct
				  and indirect exposure pathways. The Agency may also require a permittee or
				  applicant to provide information necessary to determine whether such an
				  assessment should be required.
a) The
				Agency must base the evaluation of whether compliance with the standards of
				subpart EEE of 40 CFR 63, incorporated by reference in 35 Ill. Adm. Code
				720.111, alone adequately protects human health and the environment on factors
				relevant to the potential risk from a hazardous waste combustion unit,
				including, as appropriate, any of the following factors:
1) Particular site-specific considerations
				such as proximity to receptors (such as schools, hospitals, nursing homes, day
				care centers, parks, community activity centers, or other potentially sensitive
				receptors), unique dispersion patterns, etc.;
2) The identities and quantities of emissions
				of persistent, bioaccumulative or toxic pollutants considering enforceable
				controls in place to limit those pollutants;
3) The identities and quantities of
				non-dioxin products of incomplete combustion most likely to be emitted and to
				pose significant risk based on known toxicities (confirmation of which should
				be made through emissions testing);
4) The identities and quantities of other
				off-site sources of pollutants in proximity of the facility that significantly
				influence interpretation of a facility-specific risk assessment;
5) The presence of significant ecological
				considerations, such as the proximity of a particularly sensitive ecological
				area;
6) The volume and types of
				wastes, for example wastes containing highly toxic constituents;
7) Other on-site sources of hazardous air
				pollutants that significantly influence interpretation of the risk posed by the
				operation of the source in question;
8) Adequacy of any previously conducted risk
				assessment, given any subsequent changes in conditions likely to affect risk;
				and
9) Such other factors as may be
				appropriate.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart D - APPLICATIONS › Section 703.192 - Public Participation: Public Notice of Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) Applicability. This Section appliesto any
				RCRA Part B application seeking an initial permit for a hazardous waste
				management unit. This Section also applies to any RCRA Part B application
				seeking renewal of a permit for such a unit pursuant to 35 Ill. Adm. Code
				702.125.
				This Section does not apply to hazardous waste units for which facility owners
				or operators are seeking coverage under a RCRA standardized permit (see Subpart
				J of this Part). This Section also does not apply to permit modifications
				pursuant to Sections
				703.280
				through
				703.283 or
				a permit application submitted for the sole purpose of conducting post-closure
				activities or post-closure activities and corrective action at a
				facility.
b) Notification at
				application submittal.
1) The Agency must
				provide public notice, as set forth in 35 Ill. Adm. Code
				705.161,
				and notice to appropriate units of State and local government, as set forth in
				35 Ill. Adm. Code
				705.163(a)(5),
				that a Part B permit application has been submitted to the Agency and is
				available for review.
2) The notice
				must be published within 30 calendar days after the application is received by
				the Agency. The notice must include the following information:
A) The name and telephone number of the
				applicant's contact person;
B) The
				name and telephone number of the appropriate Agency regional office, as
				directed by the Agency, and a mailing address to which information, opinions,
				and inquiries may be directed throughout the permit review process;
C) An address to which people can write in
				order to be put on the facility mailing list;
D) The location where copies of the permit
				application and any supporting documents can be viewed and copied;
E) A brief description of the facility and
				proposed operations, including the address or a map (e.g., a sketched or copied
				street map) of the facility location on the front page of the notice;
				and
F) The date that the
				application was submitted.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart D - APPLICATIONS › Section 703.193 - Public Participation: Information Repository

Current through Register Vol. 48, No. 28, July 12, 2024
a) Applicability. The requirements of this
				Section must apply to any application seeking a RCRA permit for a hazardous
				waste management unit.
b) The
				Agency must assess the need for an information repository on a case-by-case
				basis. When assessing the need for an information repository, the Agency must
				consider a variety of factors, including the following: the level of public
				interest; the type of facility; the presence of an existing repository; and the
				proximity to the nearest copy of the administrative record. If the Agency
				determines, at any time after submittal of a permit application, that there is
				a need for a repository, then the Agency must notify the facility that it must
				establish and maintain an information repository. (See Section
				703.248
				for similar provisions relating to the information repository during the life
				of a permit.)
c) The information
				repository must contain all documents, reports, data, and information deemed
				necessary by the Agency to fulfill the purposes for which the repository is
				established. The Agency will have the discretion to limit the contents of the
				repository.
d) The information
				repository must be located and maintained at a site chosen by the facility. If
				the Agency determines that the chosen site is unsuitable for the purposes and
				persons for which it was established, due to problems with the location, hours
				of availability, access, or other relevant considerations, then the Agency must
				specify a more appropriate site.
e)
				The Agency must specify requirements for the applicant for informing the public
				about the information repository. At a minimum, the Agency must require the
				facility to provide a written notice about the information repository to all
				individuals on the facility mailing list.
f) The facility owner or operator must be
				responsible for maintaining and updating the repository with appropriate
				information throughout a time period specified by the Agency. The Agency may
				close the repository if it determines that the repository is no longer needed
				based on its consideration of the factors in subsection (b) of this
				Section.
BOARD NOTE: Derived from
					 40 CFR
					 124.33(2002).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart D - APPLICATIONS › Section 703.200 - Specific Part B Application Information

Current through Register Vol. 48, No. 28, July 12, 2024
Additional information is required in the Part B application
				  by the following Sections from owners or operators of specific types of TSD
				  unit:
a) Containers (Section
				703.201
				);
b) Tanks (Section
				703.202
				);
c) Surface impoundments (Section
				703.203
				);
d) Waste piles (Section
				703.204
				);
e) Incinerators (Section
				703.205
				);
f) Land treatment (Section
				703.206
				); and
g) Landfills (Section
				703.207
				).
BOARD NOTE: Derived in part from
					 40 CFR
					 270.14(a)
					 (2002).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart D - APPLICATIONS › Section 703.201 - Containers

Current through Register Vol. 48, No. 28, July 12, 2024
For a facility that stores containers of hazardous waste,
				  except as otherwise provided in 35 Ill. Adm. Code
				  724.270,
				  the Part B application must include the following:
a) A description of the containment system to
				demonstrate compliance with 35 Ill. Adm. Code
				724.275.
				Show at least the following:
1) Basic design
				parameters, dimensions, and materials of construction;
2) How the design promotes drainage or how
				containers are kept from contact with standing liquids in the containment
				system;
3) Capacity of the
				containment system relative to the number and volume of containers to be
				stored;
4) Provisions for
				preventing or managing run-on; and
5) How accumulated liquids can be analyzed
				and removed to prevent overflow.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart D - APPLICATIONS › Section 703.202 - Tank Systems

Current through Register Vol. 48, No. 28, July 12, 2024
Except as otherwise provided in 35 Ill. Adm. Code
				  724.290,
				  the owner or operator of a facility that uses tanks to store or treat hazardous
				  waste must provide the following additional information:
a) A written assessment that is reviewed and
				certified by a qualified Professional Engineer as to the structural integrity
				and suitability for handling hazardous waste of each tank system, as required
				under 35 Ill. Adm. Code
				724.291
				and
				724.292;
b) Dimensions and capacity of each
				tank;
c) Description of feed
				systems, safety cutoff, bypass systems, and pressure controls (e.g.,
				vents);
d) A diagram of piping,
				instrumentation, and process flow for each tank system;
e) A description of materials and equipment
				used to provide external corrosion protection, as required under 35 Ill. Adm.
				Code
				724.292(a)(3)(B);
f) For new tank systems, a detailed
				descriptions of how the tank systems will be installed in compliance with 35
				Ill. Adm. Code
				724.292(b),
				(c), (d), and (e);
g) Detailed plans and description of how the
				secondary containment system for each tank system is or will be designed,
				constructed, and operated to meet the requirements of 35 Ill. Adm. Code
				724.293(a),
				(b), (c), (d), (e), and (f);
h) For tank systems for which alternative
				design and operating practices are sought pursuant to 35 Ill. Adm. Code
				724.293(g),
				the following:
1) Detailed plans and
				engineering and hydrogeologic reports, as appropriate, describing alternate
				design and operating practices that will, in conjunction with location aspects,
				prevent the migration of any hazardous waste or hazardous constituents into the
				groundwater or surface water during the life of the facility,
2) A detailed assessment of the substantial
				present or potential hazards posed to human health or the environment should a
				release enter the environment, or
3) A copy of the petition for alternative
				design and operating practices or, if such have already been granted, a copy of
				the Board order granting alternative design and operating practices;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart D - APPLICATIONS › Section 703.203 - Surface Impoundments

Current through Register Vol. 48, No. 28, July 12, 2024
For a facility that stores, treats, or disposes of hazardous
				  waste in surface impoundments, except as otherwise provided in 35 Ill. Adm.
				  Code
				  724.101,
				  the Part B application must include the following:
a) A list of the hazardous wastes placed or
				to be placed in each surface impoundment;
b) Detailed plans and an engineering report
				describing how the surface impoundment is designed and is or will be
				constructed, operated, and maintained to meet the requirements of 35 Ill. Adm.
				Code
				724.119,
				724.321,
				724.322, and
				724.323,
				addressing the following items:
1) The liner
				system (except for an existing portion of a surface impoundment). If an
				exemption from the requirement for a liner is sought, as provided by 35 Ill.
				Adm. Code
				724.321(b),
				submit a copy of the Board order granting an adjusted standard pursuant to 35
				Ill. Adm. Code
				724.321(b);
2) The double liner and leak (leachate)
				detection, collection and removal system, if the surface impoundment must meet
				the requirements of 35 Ill. Am. Code
				724.321(c).
				If an exemption from the requirements for double liners and a leak detection,
				collection, and removal system or alternative design is sought as provided by
				35 Ill. Adm. Code
				724.321(d),
				(e), or (f), submit appropriate
				information;
3) If the leak
				detection system is located in a saturated zone, submit detailed plans and an
				engineering report explaining the leak detection system design and operation
				and the location of the saturated zone in relation to the leak detection
				system;
4) The construction quality
				assurance (CQA) plan if required under 35 Ill. Adm. Code 724.119;
5) Proposed action leakage rate, with
				rationale, if required under 35 Ill. Adm. Code 724.322; response action plan,
				if required under 35 Ill. Adm. Code 724.323; and a proposed pump operating
				level, if required under 35 Ill. Adm. Code
				724.326(d)(3);
6) Prevention of overtopping; and
7) Structural integrity of dikes.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart D - APPLICATIONS › Section 703.204 - Waste Piles

Current through Register Vol. 48, No. 28, July 12, 2024
For a facility that stores or treats hazardous waste in waste
				  piles, except as otherwise provided in 35 Ill. Adm. Code
				  724.101,
				  the Part B application must include the following:
a) A list of hazardous wastes placed or to be
				placed in each waste pile;
b) If an
				exemption is sought to 35 Ill. Adm. Code
				724.351
				and Subpart F of 35 Ill. Adm. Code 724, as provided by 35 Ill. Adm. Code
				724.350(c)
				or
				724.190(b)(2),
				an explanation of how the requirements of 35 Ill. Adm. Code
				724.350(c)
				will be complied with or detailed plans and an engineering report describing
				how the requirements of 35 Ill. Adm. Code
				724.190(b)(2)
				 will be met;
c) Detailed plans and an engineering report
				describing how the pile is designed and is or will be constructed, operated and
				maintained to meet the requirements of 35 Ill. Adm. Code
				724.119,
				724.351, 724.352, and 724.353, addressing the following items:
1) Liner, leak detection, and removal system.
A) The liner system (except for an existing
				portion of a waste pile), if the waste pile must meet the requirements of 35
				Ill. Adm. Code
				724.351(a).
				If an exemption from the requirement for a liner is sought, as provided by 35
				Ill. Adm. Code
				724.351(b),
				the owner or operator must submit a copy of the Board order granting an
				adjusted standard pursuant to 35 Ill. Adm. Code
				724.351(b);
B) The double liner and leak (leachate)
				detection, collection and removal system, if the waste pile must meet the
				requirements of 35 Ill. Adm. Code
				724.351(c).
				If an exemption from the requirements for double liners and a leak detection,
				collection, and removal system or alternative design is sought as provided by
				35 Ill. Adm. Code
				724.351(d),
				(e), or (f), submit appropriate
				information;
C) If the leak
				detection system is located in a saturated zone, submit detailed plans and an
				engineering report explaining the leak detection system design and operation,
				and the location of the saturated zone in relation to the leak detection
				system;
D) The CQA plan, if
				required under 35 Ill. Adm. Code 724.119;
E) Proposed action leakage rate, with
				rationale, if required under 35 Ill. Adm. Code
				724.352, and
				response action plan, if required under 35 Ill. Adm. Code
				724.353;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart D - APPLICATIONS › Section 703.205 - Incinerators that Burn Hazardous Waste

Current through Register Vol. 48, No. 28, July 12, 2024
For a facility that incinerates hazardous waste, except as 35
				  Ill. Adm. Code
				  724.440 and
				  subsection (e) provide otherwise, the applicant must fulfill the requirements
				  of subsection (a), (b), or (c) in completing the Part B application.
a) When seeking exemption pursuant to 35 Ill.
				Adm. Code
				724.440(b) or
				(c) (ignitable, corrosive, or reactive wastes
				only), the applicant must fulfill the following requirements:
1) Documentation that the waste is listed as
				a hazardous waste in Subpart D of 35 Ill. Adm. Code 721 solely because it is
				ignitable (Hazard Code I), corrosive (Hazard Code C), or both;
2) Documentation that the waste is listed as
				a hazardous waste in Subpart D of 35 Ill. Adm. Code 721 solely because it is
				reactive (Hazard Code R) for characteristics other than those listed in 35 Ill.
				Adm. Code
				721.123(a)(4) and
				(a)(5) and will not be burned when other
				hazardous wastes are present in the combustion zone;
3) Documentation that the waste is a
				hazardous waste solely because it possesses the characteristic of ignitability
				or corrosivity, or both, as determined by the tests for characteristics of
				hazardous wastes pursuant to Subpart C of 35 Ill. Adm. Code 721; or
4) Documentation that the waste is a
				hazardous waste solely because it possesses the reactivity characteristics
				listed in 35 Ill. Adm. Code
				721.123(a)(1) through
				(a)(3) or (a)(6) through (a)(8), and that it
				will not be burned when other hazardous wastes are present in the combustion
				zone.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart D - APPLICATIONS › Section 703.206 - Land Treatment

Current through Register Vol. 48, No. 28, July 12, 2024
For a facility that uses land treatment to dispose of
				  hazardous waste, except as otherwise provided in 35 Ill. Adm. Code
				  724.101,
				  the Part B application must include the following:
a) A description of plans to conduct
				treatment demonstration as required under 35 Ill. Adm. Code
				724.372.
				The description must include the following information:
1) The wastes for which the demonstration
				will be made and the potential hazardous constituents in the wastes;
2) The data sources to be used to make the
				demonstration (e.g., literature, laboratory data, field data, or operating
				data);
3) Any specific laboratory
				or field test that will be conducted, including the following:
A) the type of test (e.g., column leaching,
				degradation);
B) materials and
				methods, including analytical procedures;
C) expected time for completion;
D) characteristics of the unit that will be
				simulated in the demonstration, including treatment zone characteristics,
				climatic conditions and operating practices;