Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart G - PROCEDURE FOR RCRA STANDARDIZED PERMIT › Section 705.302 - Issuance of a RCRA Standardized Permit

Current through Register Vol. 48, No. 28, July 12, 2024
a) Agency Preparation of a Draft RCRA
				Standardized Permit
1) The Agency must review
				the Notice of Intent and supporting information submitted by the facility owner
				or operator.
2) The Agency must
				determine whether the facility is or is not eligible to operate under the RCRA
				standardized permit.
A) If the facility is
				eligible for the RCRA standardized permit, the Agency must propose terms and
				conditions, if any, to include in a supplemental portion. If the Agency
				determines that these terms and conditions are necessary to adequately protect
				human health and the environment, and the terms and conditions cannot be
				imposed, the Agency must tentatively deny coverage under the RCRA standardized
				permit.
B) If the facility is not
				eligible for the RCRA standardized permit, the Agency must tentatively deny
				coverage under the RCRA standardized permit. Cause for ineligibility may
				include, but is not limited to, the following:
i) A failure of owner or operator to submit
				all the information required pursuant to 35 Ill. Adm. Code
				703.351(b).
ii) Information submitted that is required
				pursuant to 35 Ill. Adm. Code
				703.351(b)
				that is determined to be inadequate.
iii) The facility does not meet the
				eligibility requirements (its activities are outside the scope of the RCRA
				standardized permit).
iv) A
				demonstrated history of significant non-compliance with applicable
				requirements.
v) Permit conditions
				cannot ensure adequate protection of human health and the
				environment.
3) The Agency must prepare its draft permit
				decision within 120 days after receiving the Notice of Intent and supporting
				documents from a facility owner or operator. The Agency's tentative
				determination pursuant to this Section to deny or grant coverage under the RCRA
				standardized permit, including any proposed site-specific conditions in a
				supplemental portion, constitutes a draft permit decision. The Agency is
				allowed a one time extension of 30 days to prepare the draft permit decision.
				When the use of the 30-day extension is anticipated, the Agency must inform the
				permit applicant during the initial 120-day review period. Reasons for an
				extension may include, but are not limited to, needing to complete review of
				submissions with the Notice of Intent (e.g
.
, closure plans,
				waste analysis plans, etc. for facilities seeking to manage hazardous waste
				generated off-site).
4) Many
				requirements in this Part and 35 Ill. Adm. Code 702 apply to processing the
				RCRA standardized permit application and preparing the Agency's draft permit
				decision. For example, the Agency's draft permit decision must be accompanied
				by a statement of basis or fact sheet and must be based on the administrative
				record. In preparing the Agency's draft permit decision, the following
				provisions of this Part and 35 Ill. Adm. Code 702 apply (subject to the
				following modifications):
A) Section
				705.101
				(Scope and Applicability): all subsections apply.
B) 35 Ill. Adm. Code
				702.110(Definitions):
				all definitions apply.
C) Sections
				705.121
				(Permit Application) and
				705.124 (Site Visit):
				all subsections apply.
D) Section
				705.127
				(Consolidation of Permit Processing): applies.
E) Section
				705.128
				(Modification or Reissuance of Permits): does not apply.
F) Section
				705.141 (Draft
				Permits): does not apply to the RCRA standardized permit; procedures in this
				Subpart G apply instead.
G) Section
				705.142
				(Statement of Basis): applies.
H)
				Section
				705.143 (Fact Sheet):
				all subsections apply; however, in the context of the RCRA standardized permit,
				the reference to the public comment period is Section
				705.303(b)
				instead of Subpart D.
I) Section
				705.144
				(Administrative Record for Draft Permits or Notices of Intent to Deny): all
				subsections apply.
J) Subpart D
				(Public Notice): only Section
				705.163(a)(4) and
				(a)(5)(A) applies to the RCRA standardized
				permit. Most of Subpart D does not apply to the RCRA standardized permit;
				Section
				705.303(a)
				through (c) applies instead.
BOARD NOTE: Subsection (a) is derived from
				  40
				  CFR 124.204 (2017).