Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart E - OPERATING CRITERIA › Section 845.500 - Air Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				owner or operator of a CCR surface impoundment, or any lateral expansion of a
				CCR surface impoundment, must adopt measures that will effectively minimize CCR
				from becoming airborne at the facility, including CCR fugitive dust originating
				from CCR surface impoundments, roads, and other CCR management and material
				handling activities.
b) CCR
				Fugitive Dust Control Plan. The owner or operator of the CCR surface
				impoundment must prepare and operate in accordance with a CCR fugitive dust
				control plan as specified in this subsection (b). This requirement applies in
				addition to, not in place of, any applicable standards under the Occupational
				Safety and Health Act (29 USC 15), including
				29 CFR
				1910.1018, 29 CFR 1910.1024,
				29 CFR
				1910.1025, 29 CFR 1910.1027, and 1910.1053,
				or any other State or federal law.
1) The CCR
				fugitive dust control plan must identify and describe the CCR fugitive dust
				control measures the owner or operator will use to minimize CCR from becoming
				airborne at the facility. The owner or operator must select, and include in the
				CCR fugitive dust control plan, the CCR fugitive dust control measures that are
				most appropriate for site conditions, along with an explanation of how the
				measures selected are applicable and appropriate for site conditions. Examples
				of control measures that may be appropriate include: locating CCR inside an
				enclosure or partial enclosure; operating a water spray or fogging system;
				reducing fall distances at material drop points; using wind barriers,
				compaction, or vegetative covers; establishing and enforcing reduced vehicle
				speed limits; paving and sweeping roads; covering trucks transporting CCR;
				reducing or halting operations during high wind events; or applying a daily
				cover.
2) The CCR fugitive dust
				control plan must include procedures to log every complaint from members of the
				public received by the owner or operator involving CCR fugitive dust events at
				the facility. The owner or operator must:
A)
				Include for each logged complaint the date of the complaint, the date of the
				incident, the name and contact information of the complainant, if given, and
				all actions taken to assess and resolve the complaint; and
B) Submit quarterly reports to the Agency no
				later than 14 days from the end of the quarter of all complaints received in
				that quarter, including the information required by subsection
				(b)(2)(A).
3) The CCR
				fugitive dust control plan must include a description of the procedures the
				owner or operator will follow to periodically assess the effectiveness of the
				control plan.
4) The owner or
				operator of a CCR surface impoundment must prepare an initial CCR fugitive dust
				control plan for the facility by October 31, 2021, or by initial receipt of CCR
				in any CCR surface impoundment at the facility if the owner or operator becomes
				subject to this Part after October 31, 2021.
5) Amendment of the Plan. The owner or
				operator of a CCR surface impoundment subject to the requirements may amend the
				written CCR fugitive dust control plan at any time provided the revised plan is
				submitted to the Agency. The owner or operator must amend the written plan
				whenever there is a change in conditions that would substantially affect the
				written plan in effect, such as the construction and operation of a new CCR
				surface impoundment.
6) The owner
				or operator must place the initial and any amendments to the fugitive dust
				control plan in the facility's operating record as required by Section
				845.800(d)(7). The most recent fugitive dust control plan must be placed in the
				facility's operating record and available on the owner's or operator's CCR
				website before submitting a permit application under this Part.
7) The owner or operator must obtain a
				certification from a qualified professional engineer that the initial CCR
				fugitive dust control plan, or any subsequent amendment of it, meets the
				requirements of this Section.