reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart D - APPLICATIONS › Section 703.207 - Landfills

Current through Register Vol. 48, No. 28, July 12, 2024
For a facility that disposes of hazardous waste in landfills,
				  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 landfill or landfill cell;
b) Detailed plans and an engineering report
				describing how the landfill is designed and is or will be constructed, operated
				and maintained to meet the requirements of 35 Ill. Adm. Code
				724.119,
				724.401,
				724.402, and
				724.403,
				addressing the following items:
1) Liner, leak
				detection, collection, and removal systems.
A) The liner system (except for an existing
				portion of a landfill), if the landfill must meet the requirements of 35 Ill.
				Adm. Code
				724.401(a).
				If an exemption from the requirement for a liner is sought as provided by 35
				Ill. Adm. Code
				724.401(b),
				submit a copy of the Board order granting an adjusted standard pursuant to 35
				Ill. Adm. Code
				724.401(b);
B) The double liner and leak (leachate)
				detection, collection, and removal system, if the landfill must meet the
				requirements of 35 Ill. Adm. Code
				724.401(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
				724.401(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 724.402, and response action
				plan, if required under 35 Ill. Adm. Code
				724.404, and
				proposed pump operating level, if required under 35 Ill. Adm. Code
				724.403;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart D - APPLICATIONS › Section 703.209 - Miscellaneous Units

Current through Register Vol. 48, No. 28, July 12, 2024
Except as otherwise provided in 35 Ill. Adm. Code
				  724.700,
				  the owner or operator of a facility that treats, stores, or disposes of
				  hazardous waste in miscellaneous units must provide the following additional
				  information in the Part B application:
a) A detailed description of the unit being
				used or proposed for use, including the following:
1) Physical characteristics, materials of
				construction, and dimensions of the unit;
2) Detailed plans and engineering reports
				describing how the unit will be located, designed, constructed, operated,
				maintained, monitored, inspected, and closed to comply with the requirements of
				35 Ill. Adm. Code
				724.701
				and
				724.702;
				and
3) For disposal units, a
				detailed description of the plans to comply with the post-closure requirements
				of 35 Ill. Adm. Code
				724.703;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart D - APPLICATIONS › Section 703.210 - Process Vents

Current through Register Vol. 48, No. 28, July 12, 2024
Except as otherwise provided in 35 Ill. Adm. Code
				  724.101,
				  the owner or operator of a facility that has process vents to which Subpart AA
				  of 35 Ill. Adm. Code 724 applies must provide the following additional
				  information:
a) For facilities that
				cannot install a closed-vent system and control device to comply with Subpart
				AA of 35 Ill. Adm. Code 724 on the effective date on which the facility becomes
				subject to that Subpart or Subpart AA of 35 Ill. Adm. Code 725, an
				implementation schedule, as specified in 35 Ill. Adm. Code
				724.933(a)(2).
b) Documentation of compliance with the
				process vent standards in 35 Ill. Adm. Code
				724.932,
				including the following:
1) Information and
				data identifying all affected process vents, annual throughput and operating
				hours of each affected unit, estimated emission rates for the affected vent and
				for the overall facility (i.e., the total emissions for all affected vents at
				the facility), and the approximate location within the facility of each
				affected unit (e.g., identify the hazardous waste management units on a
				facility plot plan);
2) Information
				and data supporting estimates of vent emissions and emission reduction achieved
				by add-on control devices based on engineering calculations or source tests.
				For the purpose of determining compliance, estimates of vent emissions and
				emission reductions must be made using operating parameter values (e.g.,
				temperatures, flow rates, or concentrations) that represent the conditions that
				exist when the waste management unit is operating at the highest load or
				capacity level reasonably expected to occur; and
3) Information and data used to determine
				whether or not a process vent is subject to 35 Ill. Adm. Code
				724.932.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart D - APPLICATIONS › Section 703.211 - Equipment

Current through Register Vol. 48, No. 28, July 12, 2024
Except as otherwise provided in 35 Ill. Adm. Code
				  724.101,
				  the owner or operator of a facility that has equipment to which Subpart BB of
				  35 Ill. Adm. Code 724 applies must provide the following additional
				  information:
a) For each piece of
				equipment to which Subpart BB of 35 Ill. Adm. Code 724 applies, the following:
1) Equipment identification number and
				hazardous waste management unit identification;
2) Approximate locations within the facility
				(e.g., identify the hazardous waste management unit on a facility plot
				plan);
3) Type of equipment (e.g.,
				a pump or pipeline valve);
4)
				Percent by weight total organics in the hazardous wastestream at the
				equipment;
5) Hazardous waste state
				at the equipment (e.g., gas/vapor or liquid); and
6) Method of compliance with the standard
				(e.g., "monthly leak detection and repair" or "equipped with dual mechanical
				seals").
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart D - APPLICATIONS › Section 703.214 - Post-Closure Care Permits

Current through Register Vol. 48, No. 28, July 12, 2024
For post-closure care permits, the owner or operator is
				  required to submit only the information specified in Sections
				  703.183(a), (d),
				  (e), (f), (k), (m), (n), (p), (r), and (s);
				  703.184;
				  703.185;
				  and
				  703.187,
				  unless the Agency determines that additional information from Section 703.183,
				  703.202, 703.203, 703.204, 703.206, or 703.207 is necessary. The owner or
				  operator is required to submit the same information when an alternative
				  authority is used in lieu of a post-closure permit, as provided in Section
				  703.161.
BOARD NOTE: Derived from
					 40 CFR
					 270.28(2002).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart E - SPECIAL FORMS OF PERMITS › Section 703.220 - Emergency Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Notwithstanding any other provision of this Part or 35 Ill. Adm. Code 702 or
				705, in the event that the Agency finds an imminent and substantial
				endangerment to human health or the environment, the Agency may issue a
				temporary emergency permit, as follows:
1) To
				a non-permitted facility to allow treatment, storage, or disposal of hazardous
				waste; or
2) To a permitted
				facility to allow treatment, storage, or disposal of a hazardous waste not
				covered by an effective permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart E - SPECIAL FORMS OF PERMITS › Section 703.221 - Alternative Compliance with the Federal NESHAPS

Current through Register Vol. 48, No. 28, July 12, 2024
When an owner or operator of a hazardous waste incineration
				  unit becomes subject to RCRA permit requirements, or when an owner or operator
				  of an existing hazardous waste incineration unit demonstrates compliance with
				  the air emission standards and limitations of the federal National Emission
				  Standards for Hazardous Air Pollutants (NESHAPs) in subpart EEE of 40 CFR 63
				  (National Emission Standards for Hazardous Air Pollutants from Hazardous Waste
				  Combustors), incorporated by reference in 35 Ill. Adm. Code
				  720.111(b)
				  (i.e., by conducting a comprehensive performance test and submitting a
				  Notification of Compliance pursuant to
				  40 CFR
				  63.1207(j) and
				  63.1210(d)
				  documenting compliance with all applicable requirements of subpart EEE of 40
				  CFR 63 ), Sections 703.221 through
				  703.225
				  do not apply, except those provisions that the Agency determines are necessary
				  to ensure compliance with 35 Ill. Adm. Code
				  724.445(a) and
				  (c) if the owner or operator elects to comply
				  with Section
				  703.320(a)(1)(A)
				   to minimize emissions of toxic compounds
				  from startup, shutdown, and malfunction events. Nevertheless, the Agency may
				  apply the provisions of Sections 703.221 through 703.225, on a case-by-case
				  basis, for purposes of information collection in accordance with Sections
				  703.188,
				  703.189,
				  and
				  703.241(a)(2) and
				  (a)(3).
BOARD NOTE: Derived from
					 40 CFR
					 270.62 preamble (2017).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart E - SPECIAL FORMS OF PERMITS › Section 703.222 - Incinerator Conditions Prior to Trial Burn

Current through Register Vol. 48, No. 28, July 12, 2024
For the purposes of determining operational readiness
				  following completion of physical construction, the Agency must l establish
				  permit conditions, including but not limited to allowable waste feeds and
				  operating conditions, in the permit to a new hazardous waste incinerator. These
				  permit conditions will be effective for the minimum time required to bring the
				  incinerator to a point of operational readiness sufficient to conduct a trial
				  burn, not to exceed 720 hours operating time for treatment of hazardous waste.
				  The Agency must extend the duration of this operation period once, for up to
				  720 additional hours, at the request of the applicant when good cause is shown.
				  The permit must be modified to reflect the extension according to Section
				  703.280.
a) Applicants must submit a statement, with
				Part B of the permit application, which suggests the conditions necessary to
				operate in compliance with the performance standards of 35 Ill. Adm. Code
				724.443
				during this period. This statement must include, at a minimum, restrictions on
				waste constituents, waste feed rates and the operating parameters identified in
				35 Ill. Adm. Code
				724.445;
b) The Agency must review this statement and
				any other relevant information submitted with Part B of the permit application
				and specify requirements for this period sufficient to meet the performance
				standards of 35 Ill. Adm. Code
				724.443
				based on engineering judgment.
BOARD NOTE: Derived from
					 40 CFR
					 270.62(a)
					 (2002).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart E - SPECIAL FORMS OF PERMITS › Section 703.223 - Incinerator Conditions During Trial Burn

Current through Register Vol. 48, No. 28, July 12, 2024
For the purposes of determining feasibility of compliance
				  with the performance standards of 35 Ill. Adm. Code
				  724.443 and
				  of determining adequate operating conditions under 35 Ill. Adm. Code
				  724.445,
				  the Agency must establish conditions in the permit to a new hazardous waste
				  incinerator to be effective during the trial burn.
a) Applicants must propose a trial burn plan,
				prepared under subsection (b) with Part B of the permit application;
b) The trial burn plan must include the
				following information:
1) An analysis of each
				waste or mixture of wastes to be burned that includes the following:
A) Heat value of the waste in the form and
				composition in which it will be burned;
B) Viscosity (if applicable), or description
				of physical form of the waste;
C)
				An identification of any hazardous organic constituents listed in Appendix H to
				35 Ill. Adm. Code 721, that are present in the waste to be burned, except that
				the applicant need not analyze for constituents listed in Appendix H to 35 Ill.
				Adm. Code 721 that would reasonably not be expected to be found in the waste.
				The constituents excluded from analysis must be identified, and the basis for
				their exclusion stated. The waste analysis must rely on appropriate analytical
				methods; and
D) An approximate
				quantification of the hazardous constituents identified in the waste, within
				the precision produced by the appropriate analytical methods;
BOARD NOTE: The federal regulations do not themselves define
				  the phrase "appropriate analytical methods", but USEPA did include a definition
				  in its preamble discussion accompanying the rule. The Board directs attention
				  to the following segment (at 70 Fed. Reg. 34538, 34541 (June 14, 2005)) for the
				  purposes of subsections (b)(1)(C) and (b)(1)(D):
[T]wo primary considerations in selecting an appropriate
				  method, which together serve as our general definition of an appropriate method
				  [are the following]...:
1.Appropriate
				methods are reliable and accepted as such in the scientific
				community.
2.Appropriate methods
				generate effective data.
USEPA went on to further elaborate these two concepts and to
				  specify other documents that might provide guidance.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart E - SPECIAL FORMS OF PERMITS › Section 703.224 - Incinerator Conditions After Trial Burn

Current through Register Vol. 48, No. 28, July 12, 2024
For the purposes of allowing operation of a new hazardous
				  waste incinerator following completion of the trial burn and prior to final
				  modification of the permit conditions to reflect the trial burn results, the
				  Agency may establish permit conditions, including, but not limited to,
				  allowable waste feeds and operating conditions sufficient to meet the
				  requirements of 35 Ill. Adm. Code
				  724.445,
				  in the permit to a new hazardous waste incinerator. These permit conditions
				  will be effective for the minimum time required to complete sample analysis,
				  data computation, and submission of the trial burn results by the applicant and
				  modification of the facility permit by the Agency.
a) Applicants must submit a statement, with
				Part B of the permit application, that identifies the conditions necessary to
				operate in compliance with the performance standards of 35 Ill. Adm. Code
				724.443,
				during this period. This statement should include, at a minimum, restrictions
				on waste constituents, waste feed rates, and the operating parameters
				identified in 35 Ill. Adm. Code 724.445;
b) The Agency will review this statement and
				any other relevant information submitted with Part B of the permit application
				and specify those requirements for this period most likely to meet the
				performance standards of 35 Ill. Adm. Code
				724.443
				based on engineering judgment.
BOARD NOTE: Derived from
					 40 CFR
					 270.62(c)
					 (2002).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart E - SPECIAL FORMS OF PERMITS › Section 703.225 - Trial Burns for Existing Incinerators

Current through Register Vol. 48, No. 28, July 12, 2024
For the purpose of determining feasibility of compliance with
				  the performance standards of 35 Ill. Adm. Code
				  724.443 and
				  of determining adequate operating conditions under 35 Ill. Adm. Code
				  724.445,
				  the applicant for a permit for an existing hazardous waste incinerator must
				  prepare and submit a trial burn plan and perform a trial burn in accordance
				  with Sections
				  703.205(b)
				  and
				  703.223(b)
				  through (e) and (g) through (j) or, instead,
				  submit other information as specified in Section
				  703.205(c).
				  The Agency must announce its intention to approve the trial burn plan in
				  accordance with the timing and distribution requirements of Section
				  703.223(f).
				  The contents of the notice must include the following: the name and telephone
				  number of a contact person at the facility; the name and telephone number of a
				  contact office at the Agency; the location where the trial burn plan and any
				  supporting documents can be reviewed and copies; and a schedule of the
				  activities that are required prior to permit issuance, including the
				  anticipated time schedule for Agency approval of the plan and the time period
				  during which the trial burn would be conducted. Applicants submitting
				  information under Section
				  703.205(a)
				  are exempt from compliance with 35 Ill. Adm. Code
				  724.443 and
				  724.445
				  and, therefore, are exempt from the requirement to conduct a trial burn.
				  Applicants that submit trial burn plans and receive approval before submission
				  of a permit application must complete the trial burn and submit the results,
				  specified in Section
				  703.223(g),
				  with Part B of the permit application. If completion of this process conflicts
				  with the date set for submission of the Part B application, the applicant must
				  contact the Agency to establish a later date for submission of the Part B
				  application or the trial burn results. Trial burn results must be submitted
				  prior to issuance of the permit. When the applicant submits a trial burn plan
				  with Part B of the permit application, the Agency must specify a time period
				  prior to permit issuance in which the trial burn must be conducted and the
				  results submitted.
BOARD NOTE: Derived from
					 40 CFR
					 270.62(d)
					 (2002).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart E - SPECIAL FORMS OF PERMITS › Section 703.230 - Land Treatment Demonstration

Current through Register Vol. 48, No. 28, July 12, 2024
a) For
				the purpose of allowing an owner or operator to meet the treatment
				demonstration requirements of 35 Ill. Adm. Code
				724.372,
				the Agency shall issue a treatment demonstration permit. The permit must
				contain only those requirements necessary to meet the standards in 35 Ill. Adm.
				Code
				724.372(c).
				The permit must be issued either as a treatment or disposal permit, covering
				only the field test or laboratory analyses, or as a two-phase facility permit,
				covering the field tests, or laboratory analyses and design, construction,
				operation, and maintenance of the land treatment unit.
1) The Agency must issue a two-phase facility
				permit if it finds, based on information submitted in Part B of the
				application, that substantial information already exists, although incomplete
				or inconclusive, upon which to base the issuance of a facility
				permit;
2) If the Agency finds that
				not enough information exists upon which it can establish permit conditions to
				attempt to provide for compliance with all of the requirements of Subpart M of
				35 Ill. Adm. Code 724, it must issue a treatment demonstration permit covering
				only the field test or laboratory analyses;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart E - SPECIAL FORMS OF PERMITS › Section 703.231 - Research, Development and Demonstration Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency may issue a research,
				development, and demonstration permit for any hazardous waste treatment
				facility that proposes to utilize an innovative and experimental hazardous
				waste treatment technology or process for which permit standards for such
				experimental activity have not been promulgated pursuant to 35 Ill. Adm. Code
				724 or 726. Any such permit must include such terms and conditions as will
				adequately protect human health and the environment. Such a permit must provide
				as follows:
1) It must provide for the
				construction of such facilities as necessary, and for operation of the facility
				for not longer than one year, unless renewed as provided in subsection (d) of
				this Section;
2) It must provide
				for the receipt and treatment by the facility of only those types and
				quantities of hazardous waste necessary for purposes of determining the
				efficacy and performance capabilities of the technology or process and the
				effects of such technology or process on human health and the environment;
				and
3) It must include such
				requirements as necessary to adequately protect human health and the
				environment (including, but not limited to, requirements regarding monitoring,
				operation, financial responsibility, closure, and remedial action), and such
				requirements as necessary regarding testing and providing of information to the
				Agency with respect to the operation of the facility.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart E - SPECIAL FORMS OF PERMITS › Section 703.234 - Remedial Action Plans

Current through Register Vol. 48, No. 28, July 12, 2024
Remedial Action Plans (RAPs) are special forms of permits
				  that are regulated under Subpart H of this Part.
BOARD NOTE: Derived from
					 40 CFR
					 270.68(2002).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart E - SPECIAL FORMS OF PERMITS › Section 703.238 - RCRA Standardized Permits for Storage and Treatment Units

Current through Register Vol. 48, No. 28, July 12, 2024
A RCRA standardized permit is a special form of permit for
				  the owner or operator of a TSD that engages in either of the following
				  activities:
a) It generates hazardous
				waste and then non-thermally treats or stores the hazardous waste on-site in
				tanks, containers, or containment buildings; or
b) It receives hazardous waste generated
				off-site by a generator under the same ownership as the receiving facility, and
				then it stores or non-thermally treats the hazardous waste in containers,
				tanks, or containment buildings. The owner or operator of a facility operating
				under a RCRA standardized permit is regulated pursuant to Subpart J of this
				Part, Subpart G of 35 Ill. Adm. Code 705, and 35 Ill. Adm. Code 727.
BOARD NOTE: Derived from
					 40 CFR
					 270.67, as added at 70 Fed. Reg. 53420 (Sep.
					 8, 2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart F - PERMIT CONDITIONS OR DENIAL › Section 703.240 - Permit Denial

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency may, pursuant to the procedures of 35 Ill. Adm.
				  Code 705, deny the permit application either in its entirety or only as to the
				  active life of a HWM facility or unit.
BOARD NOTE: Derived from
					 40
					 CFR
					 270.29(2002).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart F - PERMIT CONDITIONS OR DENIAL › Section 703.241 - Establishing Permit Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
a) General conditions:
1) In addition to the conditions established
				pursuant to 35 Ill. Adm. Code
				702.160(a),
				each RCRA permit must include permit conditions necessary to achieve compliance
				with each of the applicable requirements specified in 35 Ill. Adm. Code 724 and
				726 through 728. In satisfying this provision, the Agency may incorporate
				applicable requirements of 35 Ill. Adm. Code 724 and 726 through 728 directly
				into the permit or establish other permit conditions that are based on these
				Parts;
2) Each RCRA permit issued
				pursuant to Section 39(d) of the Environmental Protection Act [415 ILCS
				5/39(d) ] must contain terms and
				conditions that the Agency determines are necessary to adequately protect human
				health and the environment; and
3)
				If, as the result of an assessments or other information, the Agency determines
				that conditions, in addition to those required under subpart EEE of 40 CFR 63
				or 35 Ill. Adm. Code 724 or 726, are necessary to ensure adequate protection of
				human health and the environment, the Agency must include those terms and
				conditions in a RCRA permit for a hazardous waste combustion unit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart F - PERMIT CONDITIONS OR DENIAL › Section 703.242 - Noncompliance Pursuant to Emergency Permit

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to 35 Ill. Adm. Code
				  702.141
				  (duty to comply), the permittee need not comply with the conditions of its
				  permit to the extent and for the duration such noncompliance is authorized in
				  an emergency permit. (See Section
				  703.221
				  ).
BOARD NOTE: Derived from
					 40 CFR
					 270.30(a)
					 (1992).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart F - PERMIT CONDITIONS OR DENIAL › Section 703.243 - Monitoring

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to 35 Ill. Adm. Code
				  702.150(monitoring)
				   the following apply:
a) The permittee must retain records of all
				monitoring information, including the certification required by 35 Ill. Adm.
				Code
				724.173(b)(3),
				for a period of at least three years from the date of the
				certification.
b) The permittee
				must maintain records from all groundwater monitoring wells and associated
				groundwater surface elevations, for the active life of the facility, and for
				disposal facilities for the post-closure care period as well.
BOARD NOTE: Derived from
					 40 CFR
					 270.30(j)(2)
					 (2002).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart F - PERMIT CONDITIONS OR DENIAL › Section 703.245 - Twenty-four Hour Reporting

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The permittee must report any noncompliance that may endanger health or the
				environment orally within 24 hours after the permittee becomes aware of the
				circumstances, including the following:
1)
				Information concerning release of any hazardous waste that may cause an
				endangerment to public drinking water supplies;
2) Any information of a release or discharge
				of hazardous waste, or of a fire or explosion from a HWM facility, that could
				threaten the environment or human health outside the facility.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart F - PERMIT CONDITIONS OR DENIAL › Section 703.246 - Reporting Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The following reports required by 35 Ill. Adm. Code 724 must
				  be submitted in addition to those required by 35 Ill. Adm. Code
				  702.152
				  (reporting requirements):
a) Manifest
				discrepancy report: if a significant discrepancy in a manifest is discovered,
				the permittee must attempt to reconcile the discrepancy. If not resolved within
				15 days, the permittee must submit a letter report including a copy of the
				manifest to the Agency (see 35 Ill. Adm. Code
				724.172
				).
b) Unmanifested waste report: if
				hazardous waste is received without an accompanying manifest, the permittee
				must submit an unmanifested waste report to the Agency within 15 days of
				receipt of unmanifested waste. (see 35 Ill. Adm. Code
				724.176
				)
c) Facility activities report: a
				facility activities report must be submitted covering facility activities as
				described in 35 Ill. Adm. Code
				724.175.
BOARD NOTE: Derived from
					 40 CFR
					 270.30(l)(7) through
					 (l)(9)(2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart F - PERMIT CONDITIONS OR DENIAL › Section 703.247 - Anticipated Noncompliance

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to 35 Ill. Adm. Code
				  702.152(b),
				  for a new facility, the permittee must not treat, store, or dispose of
				  hazardous waste; and for a facility being modified, the permittee must not
				  treat, store, or dispose of hazardous waste in the modified portion of the
				  facility, except as provided in Section
				  703.280,
				  until one of the following has occurred:
a) The permittee has submitted to the Agency
				by certified mail or hand delivery a letter signed by the permittee and a
				registered professional engineer stating that the facility has been constructed
				or modified in compliance with the permit; and
b) Either:
1) The Agency has inspected the modified or
				newly constructed facility and finds it is in compliance with the conditions of
				the permit; or
2) Within 15 days
				after the date of submission of the letter in subsection (a) of this Section,
				the permittee has not received notice from the Agency of its intent to inspect,
				the permittee may commence treatment, storage, or disposal of hazardous
				waste.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart F - PERMIT CONDITIONS OR DENIAL › Section 703.248 - Information Repository

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency may require the permittee to establish and
				  maintain an information repository at any time, based on the factors set forth
				  in Section
				  703.193(b).
				  The information repository must be governed by the provisions in Section
				  703.193(c)
				  through (f).
BOARD NOTE: Derived from
					 40 CFR
					 270.30(m)
					 (2002).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart G - CHANGES TO PERMITS › Section 703.260 - Transfer

Current through Register Vol. 48, No. 28, July 12, 2024
a) A permit may be
				transferred by the permittee to a new owner or operator only if the permit has
				been modified or reissued (pursuant to subsection (b) of this Section or
				Section
				703.272
				) to identify the new permittee and incorporate such other requirements as are
				necessary under the appropriate Act. The new owner or operator to whom the
				permit is transferred must comply with all the terms and conditions specified
				in such permit.
b) Changes in the
				ownership or operational control of a facility must be made as a Class 1
				modification with the prior written approval of the Agency in accordance with
				Section
				703.281 or
				as a routine change with prior Agency approval pursuant to 35 Ill. Adm. Code
				705.304(c).
				The new owner or operator must submit a revised permit application no later
				than 90 days prior to the scheduled change. A written agreement containing a
				specific date for transfer of permit responsibility between the current and new
				permittees must also be submitted to the Agency. When a transfer of ownership
				or operational control occurs, the old owner or operator must comply with
				Subpart H of 35 Ill. Adm. Code 724 (Financial Requirements), until the new
				owner or operator has demonstrated compliance with that Subpart. The new owner
				or operator must demonstrate compliance with that Subpart within six months
				after the date of change of operational control of the facility. Upon
				demonstration to the Agency by the new owner or operator of compliance with
				that Subpart, the Agency must notify the old owner or operator that the old
				owner or operator no longer needs to comply with that Subpart as of the date of
				demonstration.
BOARD NOTE: Derived from
				  40 CFR
				  270.40(2005), as amended at
				  70 Fed. Reg. 53420 (Sep. 8, 2005).
BOARD NOTE: The new operator may be required to employ a
				  chief operator that is certified pursuant to 35 Ill. Adm. Code
				  745.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart G - CHANGES TO PERMITS › Section 703.270 - Modification or Reissuance

Current through Register Vol. 48, No. 28, July 12, 2024
When the Agency receives any information (for example,
				  inspects the facility, receives information submitted by the permittee, as
				  required in the permit (see 35 Ill. Adm. Code
				  702.140
				  through
				  702.152
				  and Section
				  703.241
				  et seq.), receives a request for reissuance pursuant to 35 Ill. Adm. Code
				  705.128,
				  or conducts a review of the permit file) it may determine whether or not one or
				  more of the causes, listed in Sections
				  703.271
				  or
				  703.272,
				  for modification, reissuance, or both, exist. If cause exists, the Agency must
				  modify or reissue the permit accordingly, subject to the limitations of Section
				  703.273, and may
				  request an updated application if necessary. When a permit is modified, only
				  the conditions subject to modification are reopened. If a permit is reissued,
				  the entire permit is reopened and subject to revision and the permit is
				  reissued for a new term. (See 35 Ill. Adm. Code
				  705.128(c)(2).)
				  If cause does not exist pursuant to Section
				  703.271
				  or 703.272, the Agency must not modify or reissue the permit, except on the
				  request of the permittee. If a permit modification is requested by the
				  permittee, the Agency must approve or deny the request according to the
				  procedures of Section
				  703.280
				  through
				  703.283 or
				  Section
				  703.353
				  and Subpart G of 35 Ill. Adm. Code 705. Otherwise, a draft permit must be
				  prepared and other procedures in 35 Ill. Adm. Code 705 must be
				  followed.
BOARD NOTE: Derived from the preamble to
					 40 CFR
					 270.41 (2017). The Board has chosen to use
					 "reissue" where the corresponding federal provisions use "revoke and reissue".
					 Revocation is a remedy in the context of an enforcement action that is reserved
					 to the Board. See 415 ILCS
					 5/33(b); 35 Ill. Adm. Code
					 702.186. The Board
					 intends that a reissued permit completely supercede the earlier version of that
					 permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart G - CHANGES TO PERMITS › Section 703.272 - Causes for Modification or Reissuance

Current through Register Vol. 48, No. 28, July 12, 2024
The following are causes to modify or, alternatively, reissue
				  a permit:
a) This subsection (a)
				corresponds with
				40 CFR
				270.41(b)(1), which pertains
				to termination of a permit, which is not possible through an administrative
				action of the Agency. This statement maintains structural consistency with the
				corresponding federal rules.
b) The
				Agency has received notification (as required in the permit, see 35 Ill. Adm.
				Code
				702.152(c)
				) of a proposed transfer of the permit; or
c) The Agency has received notification under
				35 Ill. Adm. Code
				705.301(a)(2)
				 of a facility owner's or operator's intent
				to be covered by a RCRA standardized permit.
BOARD NOTE: Derived from
				  40 CFR
				  270.41(b) (2005), as amended
				  at 70 Fed. Reg. 53420 (Sep. 8, 2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart G - CHANGES TO PERMITS › Section 703.273 - Facility Siting

Current through Register Vol. 48, No. 28, July 12, 2024
Suitability of the facility location will not be considered
				  at the time of permit modification or reissuance unless new information or
				  standards indicate that a threat to human health or environment exists which
				  was unknown at the time of permit issuance or unless required under the
				  Environmental Protection Act. However, certain modifications required site
				  location suitability approval pursuant to Section 39.2 of the Environmental
				  Protection Act [415 ILCS
				  5/39.2 ].
BOARD NOTE: Derived from
				  40 CFR
				  270.41(c)
				  (2002).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart G - CHANGES TO PERMITS › Section 703.280 - Permit Modification at the Request of the Permittee

Current through Register Vol. 48, No. 28, July 12, 2024
a) Class 1 Modifications. See Section
				703.281.
b) Class 2 Modifications. See Section
				703.282.
c) Class 3 Modifications. See Section
				703.283.
d) Other Modificattions
1) In the case of modifications not
				explicitly listed in Appendix A, the permittee may submit a Class 3
				modification request to the Agency, or the permittee may request a
				determination by the Agency that the modification be reviewed and approved as a
				Class 1 or Class 2 modification. If the permittee requests that the
				modification be classified as a Class 1 or 2 modification, the permittee must
				provide the Agency with the necessary information to support the requested
				classification.
2) The Agency must
				make the determination described in subsection (d)(1) as promptly as
				practicable. In determining the appropriate class for a specific modification,
				the Agency must consider the similarity of the modification to other
				modifications codified in Appendix A and the following criteria:
A) Class 1 modifications apply to minor
				changes that keep the permit current with routine changes to the facility or
				its operation. These changes do not substantially alter the permit conditions
				or reduce the capacity of the facility to adequately protect human health or
				the environment. In the case of Class 1 modifications, the Agency may require
				prior approval.
B) Class 2
				modifications apply to changes that are necessary to enable a permittee to
				respond, in a timely manner, to any of the following:
i) Common variations in the types and
				quantities of the wastes managed under the facility permit;
ii) Technological advances; and
iii) Changes necessary to comply with new
				regulations, where these changes can be implemented without substantially
				changing design specifications or management practices in the permit.
C) Class 3 modifications
				substantially alter the facility or its operation.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart G - CHANGES TO PERMITS › Section 703.281 - Class 1 Modifications

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except as provided in subsection (a)(2) of this Section, the permittee may put
				into effect Class 1 modifications listed in Appendix A under the following
				conditions:
1) The permittee must notify the
				Agency concerning the modification by certified mail or other means that
				establish proof of delivery within 7 calendar days after the change is put into
				effect. This notice must specify the changes being made to permit conditions or
				supporting documents referenced by the permit and must explain why they are
				necessary. Along with the notice, the permittee must provide the applicable
				information required by Section
				703.181
				through
				703.185,
				703.201
				through
				703.207,
				703.221
				through
				703.225,
				and
				703.230.
2) The permittee must send a notice of the
				modification to all persons on the facility mailing list, maintained by the
				Agency in accordance with 35 Ill. Adm. Code
				705.163(a)(4),
				and the appropriate units of State and local government, as specified in 35
				Ill. Adm. Code
				705.163(a)(5).
				This notification must be made within 90 calendar days after the change is put
				into effect. For the Class 1 modifications that require prior Agency approval,
				the notification must be made within 90 calendar days after the Agency approves
				the request.
3) Any person may
				request the Agency to review, and the Agency must for cause reject, any Class 1
				modification. The Agency must inform the permittee by certified mail that a
				Class 1 modification has been rejected, explaining the reasons for the
				rejection. If a Class 1 modification has been rejected, the permittee must
				comply with the original permit conditions.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart G - CHANGES TO PERMITS › Section 703.282 - Class 2 Modifications

Current through Register Vol. 48, No. 28, July 12, 2024
a) For
				Class 2 modifications, listed in Appendix A, the permittee must submit a
				modification request to the Agency that does the following:
1) Describes the exact change to be made to
				the permit conditions and supporting documents referenced by the
				permit;
2) Identifies that the
				modification is a Class 2 modification;
3) Explains why the modification is needed;
				and
4) Provides the applicable
				information required by Section
				703.181
				through
				703.185,
				703.201 through
				703.207,
				703.221
				through
				703.225,
				and
				703.230.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart G - CHANGES TO PERMITS › Section 703.283 - Class 3 Modifications

Current through Register Vol. 48, No. 28, July 12, 2024
a) For
				Class 3 modifications, listed in Appendix A, the permittee must submit a
				modification request to the Agency that does the following:
1) Describes the exact change to be made to
				the permit conditions and supporting documents referenced by the
				permit;
2) Identifies that the
				modification is a Class 3 modification;
3) Explains why the modification is needed;
				and
4) Provides the applicable
				information required by Section
				703.181
				through
				703.187,
				703.201 through
				703.209,
				703.221
				through
				703.225,
				703.230,
				and
				703.232.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart H - REMEDIAL ACTION PLANS › Section 703.300 - Special Regulatory Format

Current through Register Vol. 48, No. 28, July 12, 2024
USEPA wrote the federal counterpart to this Subpart H,
				  subpart H of 40 CFR 270, in a special format to make it easier to understand
				  the regulatory requirements. The Board has adapted the substance of the
				  corresponding federal regulations in this Subpart H to use a more conventional
				  regulatory format, rather than the question-and-answer format used by
				  USEPA.
BOARD NOTE: Derived from
				  40 CFR
				  270.79(2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart H - REMEDIAL ACTION PLANS › Section 703.301 - General Information

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Definition of a RAP.
1) A RAP is a special
				form of RCRA permit that an owner or operator may obtain, instead of a permit
				issued under 35 Ill. Adm. Code 702 and this Part, to authorize the owner or
				operator to treat, store, or dispose of hazardous remediation waste (as defined
				in 35 Ill. Adm. Code
				720.110 )
				at a remediation waste management site. A RAP may only be issued for the area
				of contamination where the remediation wastes to be managed under the RAP
				originated, or areas in close proximity to the contaminated area, except as
				allowed in limited circumstances under Section
				703.306.
2) The requirements in 35 Ill. Adm. Code 702
				and this Part do not apply to RAPs unless those requirements for traditional
				RCRA permits are specifically required under this Subpart H. The definitions in
				35 Ill. Adm. Code
				702.110
				apply to RAPs.
3) Notwithstanding
				any other provision of 35 Ill. Adm. Code 702 or this Part, any document that
				meets the requirements in this Section constitutes a RCRA permit, as defined in
				35 Ill. Adm. Code 702.110.
4) A RAP
				may be either of the following:
A) A
				stand-alone document that includes only the information and conditions required
				by this Subpart H; or
B) A part (or
				parts) of another document that includes information or conditions for other
				activities at the remediation waste management site, in addition to the
				information and conditions required by this Subpart H.
5) If an owner or operator is treating,
				storing, or disposing of hazardous remediation wastes as part of a cleanup
				compelled by authorities issued by USEPA or the State of Illinois, a RAP does
				not affect the obligations under those authorities in any way.
6) If an owner or operator receives a RAP at
				a facility operating under interim status, the RAP does not terminate the
				facility's interim status.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart H - REMEDIAL ACTION PLANS › Section 703.303 - Getting a RAP Approved

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				process for approving or denying an application for a RAP.
1) If the Agency tentatively finds that an
				owner's or operator's RAP application includes all of the information required
				by Section
				703.302(d)
				and that the proposed remediation waste management activities meet the
				regulatory standards, the Agency must make a tentative decision to approve the
				RAP application. The Agency must then prepare a draft RAP and provide an
				opportunity for public comment before making a final decision on the RAP
				application, according to this Subpart H.
2) If the Agency tentatively finds that the
				owner's or operator's RAP application does not include all of the information
				required by Section
				703.302(d)
				or that the proposed remediation waste management activities do not meet the
				regulatory standards, the Agency may request additional information from an
				owner or operator or ask an owner or operator to correct deficiencies in the
				owner's or operator's application. If an owner or operator fails or refuses to
				provide any additional information the Agency requests, or to correct any
				deficiencies in its RAP application, the Agency may either make a tentative
				decision to deny that owner's or operator's RAP application or to approve that
				application with certain changes, as allowed pursuant to Section 39 of the Act
				[415 ILCS
				5/39 ]. After making this tentative decision, the
				Agency must prepare a notice of intent to deny the RAP application ("notice of
				intent to deny") or to approve that application with certain changes and
				provide an opportunity for public comment before making a final decision on the
				RAP application, according to the requirements in this Subpart H.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart H - REMEDIAL ACTION PLANS › Section 703.305 - Operating Under a RAP

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				records an owner or operator must maintain concerning its RAP. An owner or
				operator is required to keep records of the following:
1) All data used to complete RAP applications
				and any supplemental information that an owner or operator submits for a period
				of at least three years from the date the application is signed; and
2) Any operating or other records the Agency
				requires an owner or operator to maintain as a condition of the RAP.