Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart H - REMEDIAL ACTION PLANS › Section 703.304 - How a RAP May Be Modified, Reissued, or Terminated

Current through Register Vol. 48, No. 28, July 12, 2024
a) After a RAP is issued, how it may be
				modified, reissued, or terminated. In a RAP, the Agency must specify, either
				directly or by reference, procedures for any future modification, reissuance,
				or termination of the RAP. These procedures must provide adequate opportunities
				for public review and comment on any modification, reissuance, or termination
				that would significantly change the owner's or operator's management of its
				remediation waste, or that otherwise merits public review and comment. If the
				RAP has been incorporated into a traditional RCRA permit, as allowed pursuant
				to Section
				703.301(b)(3),
				then the RAP will be modified according to the applicable requirements in
				Sections
				703.260
				through
				703.283,
				reissued according to the applicable requirements in 35 Ill. Adm. Code
				702.186 and
				Sections
				703.270
				through
				703.273, or
				terminated according to the applicable requirements of 35 Ill. Adm. Code
				702.186.
BOARD NOTE: Subsection (a) is derived from
				  40
				  CFR 270.170(2005).
b) Reasons for which the Agency may choose to
				modify a final RAP.
1) The Agency may modify
				the owner's or operator's final RAP on its own initiative only if one or more
				of the following reasons listed in this Section exist. If one or more of these
				reasons do not exist, then the Agency must not modify a final RAP, except at
				the request of the owner or operator. Reasons for modification are the
				following:
A) The owner or operator made
				material and substantial alterations or additions to the activity that justify
				applying different conditions;
B)
				The Agency finds new information that was not available at the time of RAP
				issuance and would have justified applying different RAP conditions at the time
				of issuance;
C) The standards or
				regulations on which the RAP was based have changed because of new or amended
				statutes, standards, or regulations or by judicial decision after the RAP was
				issued;
D) If the RAP includes any
				schedules of compliance, the Agency may find reasons to modify the owner's or
				operator's compliance schedule, such as an act of God, strike, flood, or
				materials shortage or other events over which an owner or operator has little
				or no control and for which there is no reasonably available remedy;
E) The owner or operator is not in compliance
				with conditions of its RAP;
F) The
				owner or operator failed in the application or during the RAP issuance process
				to disclose fully all relevant facts, or an owner or operator misrepresented
				any relevant facts at the time;
G)
				The Agency has determined that the activity authorized by the owner's or
				operator's RAP endangers human health or the environment and can only be
				remedied by modifying the RAP; or
H) The owner or operator has notified the
				Agency (as required in the RAP and pursuant to 35 Ill. Adm. Code
				702.152(c)
				) of a proposed transfer of a RAP.