Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart C - AUTHORIZATION BY RULE AND INTERIM STATUS › Section 703.155 - Changes During Interim Status

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except as provided in subsection (b) of this Section, the owner or operator of
				an interim status facility may make the following changes at the facility:
1) Treatment, storage, or disposal of new
				hazardous wastes not previously identified in Part A of the permit application
				(and, in the case of newly listed or identified wastes, addition of the units
				being used to treat, store, or dispose of the hazardous wastes on the date of
				the listing or identification) if the owner or operator submits a revised Part
				A permit application prior to such treatment, storage, or disposal;
2) Increases in the design capacity of
				processes used at the facility if the owner or operator submits a revised Part
				A permit application prior to such a change (along with a justification
				explaining the need for the change) and the Agency approves the change because
				either of the following conditions exist:
A)
				There is a lack of available treatment, storage, or disposal capacity at other
				hazardous waste management facilities; or
B) The change is necessary to comply with a
				federal, State, or local requirement, including 35 Ill. Adm. Code 725, 728, or
				729;
3) Changes in the
				processes for the treatment, storage, or disposal of hazardous waste may be
				made at a facility or addition of processes if the owner or operator submits a
				revised Part A permit application prior to such a change (along with a
				justification explaining the need for change) and the Agency approves the
				change because either of the following conditions exist:
A) The change is necessary to prevent a
				threat to human health or the environment because of an emergency situation;
				or
B) The change is necessary to
				comply with a federal, State, or local requirement, including 35 Ill. Adm. Code
				725, 728, or 729;
4)
				Changes in the ownership or operational control of a facility if the new owner
				or operator submits a revised Part A permit application no later than 90 days
				prior to the scheduled change. When a transfer of ownership or operational
				control of a facility occurs, the old owner or operator must comply with the
				requirements of Subpart H of 35 Ill. Adm. Code 725 (financial requirements),
				until the new owner or operator has demonstrated to the Agency that it is
				complying with the requirements of that Subpart. The new owner or operator must
				demonstrate compliance with the financial assurance requirements within six
				months after the date of the change in the ownership or operational control of
				the facility. Upon demonstration to the Agency by the new owner or operator of
				compliance with the financial assurance requirements, the Agency must notify
				the old owner or operator in writing that the old owner or operator no longer
				needs to comply with Subpart H of 35 Ill. Adm. Code 725 as of the date of
				demonstration. All other interim status duties are transferred effective
				immediately upon the date of the change of ownership or operational control of
				the facility;
5) Changes made in
				accordance with an interim status corrective action order issued by: USEPA
				under Section 3008(h) of the federal Resource Conservation and Recovery Act (
				42 USC
				6901 et seq.) or other federal authority; a
				court pursuant to a judicial action brought USEPA; a court pursuant to the
				Environmental Protection Act; or the Board. Changes under this subsection
				(a)(5) are limited to the treatment, storage, or disposal of solid waste from
				releases that originate within the boundary of the facility;
6) Addition of newly regulated units for the
				treatment, storage, or disposal of hazardous waste if the owner or operator
				submits a revised Part A permit application on or before the date on which the
				unit becomes subject to the new requirements.