reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart H - REMEDIAL ACTION PLANS › Section 703.306 - Obtaining a RAP for an Off-Site Location

Current through Register Vol. 48, No. 28, July 12, 2024
An owner or operator may perform remediation waste management
				  activities under a RAP at a location removed from the area where the
				  remediation wastes originated.
a) An
				owner or operator may request a RAP for remediation waste management activities
				at a location removed from the area where the remediation wastes originated if
				the owner or operator believes such a location would be more protective than
				the contaminated area or areas in close proximity.
b) If the Agency determines that an
				alternative location, removed from the area where the remediation waste
				originated, is more protective than managing remediation waste at the area of
				contamination or areas in close proximity, then the Agency must approve a RAP
				for this alternative location.
c)
				An owner or operator must request the RAP, and the Agency must approve or deny
				the RAP, according to the procedures and requirements in this Subpart
				H.
d) A RAP for an alternative
				location must also meet the following requirements, which the Agency must
				include in the RAP for such locations:
1) The
				RAP for the alternative location must be issued to the person responsible for
				the cleanup from which the remediation wastes originated;
2) The RAP is subject to the expanded public
				participation requirements in Sections
				703.191,
				703.192,
				and
				703.193;
3) The RAP is subject to the public notice
				requirements in 35 Ill. Adm. Code
				705.163;
4) The site permitted in the RAP may not be
				located within 61 meters or 200 feet of a fault that has had displacement in
				the Holocene time. (The owner or operator must demonstrate compliance with this
				standard through the requirements in Section
				703.183(k).)
				(See the definitions of terms in 35 Ill. Adm. Code
				724.118(a).)
BOARD NOTE: Sites in Illinois are assumed to be in compliance
				  with the requirement of subsection (d)(4) of this Section, since they are not
				  listed in appendix VI to 40 CFR 264 (Political Jurisdictions in Which
				  Compliance with Section 264.18(a) Must Be Demonstrated), incorporated by
				  reference in 35 Ill. Adm. Code
				  720.111(b).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart I - INTEGRATION WITH MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) STANDARDS › Section 703.320 - Options for Incinerators and Cement and Lightweight Aggregate Kilns to Minimize Emissions from Startup, Shutdown, and Malfunction Events

Current through Register Vol. 48, No. 28, July 12, 2024
a) Facilities with Existing Permits
1) Revisions to permit conditions after
				documenting compliance with MACT. The owner or operator of a RCRA-permitted
				incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid
				fuel boiler, or hydrochloric acid production furnace, when requesting removal
				of permit conditions that are no longer applicable according to 35 Ill. Adm.
				Code
				724.440(b)
				and
				726.200(b),
				may request that the Agency address permit conditions that minimize emissions
				from startup, shutdown, and malfunction events under any of the following
				options:
A) Retain Relevant Permit Conditions.
				Under this option, the Agency must do the following:
i) Retain permit conditions that address
				releases during startup, shutdown, and malfunction events, including releases
				from emergency safety vents, as these events are defined in the facility's
				startup, shutdown, and malfunction plan required pursuant to
				40
				CFR 63.1206(c)(2) (When and
				How Must You Comply with the Standards and Operating Requirements?),
				incorporated by reference in 35 Ill. Adm. Code
				720.111(b);
				and
ii) Limit applicability of
				those permit conditions only to when the facility is operating under its
				startup, shutdown, and malfunction plan.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart J - RCRA STANDARDIZED PERMITS FOR STORAGE AND TREATMENT UNITS › Section 703.350 - General Information About RCRA Standardized Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) RCRA Standardized Permit. A RCRA
				standardized permit (RCRA) is a special type of permit that authorizes the
				owner or operator of a facility to manage hazardous waste. A RCRA standardized
				permit is issued pursuant to Subpart G of 35 Ill. Adm. Code 705 and this
				Subpart J.
BOARD NOTE: Subsection (a) is derived from
				  40 CFR
				  270.250 (2017).
b) Eligibility for a RCRA Standardized Permit
1) The facility owner or operator may be
				eligible for a RCRA standardized permit if the following conditions are
				fulfilled:
A) The facility generates
				hazardous waste and then stores or non-thermally treats the hazardous waste
				on-site in containers, tanks, or containment buildings; or
B) The facility receives hazardous waste
				generated off-site by a generator under the same ownership as the receiving
				facility, and the facility stores or non-thermally treats the hazardous waste
				in containers, tanks, or containment buildings.
C) The Agency must inform the facility owner
				or operator of its eligibility for a RCRA standardized permit when the Agency
				makes a decision on its permit application.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart J - RCRA STANDARDIZED PERMITS FOR STORAGE AND TREATMENT UNITS › Section 703.353 - Modifying a RCRA Standardized Permit

Current through Register Vol. 48, No. 28, July 12, 2024
A facility owner or operator can modify its RCRA standardized
				  permit by following the procedures found in 35 Ill. Adm. Code
				  705.304.
BOARD NOTE: Derived from
				  40 CFR
				  270.320, as added at 70 Fed. Reg. 53420 (Sep.
				  8, 2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart A - GENERAL PROVISIONS › Section 704.101 - Content

Current through Register Vol. 48, No. 28, July 12, 2024
The regulations in this Subpart A set forth the specific
				  requirements for the UIC (Underground Injection Control) permit program. These
				  rules are intended to implement the UIC permit requirement of Section 12(g) of
				  the Act. These rules are intended to be identical in substance to United States
				  Environmental Protection Agency (USEPA) rules found in 40 CFR 144. The
				  regulations in this Subpart A are supplemental to the requirements in 35 Ill.
				  Adm. Code 702, which contains requirements for both the RCRA and UIC permit
				  programs. Operating requirements for injection wells are included in 35 Ill.
				  Adm. Code 730.
BOARD NOTE: Derived from
					 40 CFR
					 144.1 (2017).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart A - GENERAL PROVISIONS › Section 704.102 - Scope of the Permit or Rule Requirement

Current through Register Vol. 48, No. 28, July 12, 2024
Although six classes of wells are set forth in Section
				  704.106,
				  the UIC (Underground Injection Control) permit program described in 35 Ill.
				  Adm. Code 702, 704, 705, and 730 regulates underground injection for only five
				  classes of wells (see definition of "well injection", 35 Ill. Adm. Code
				  702.110 ). Class II
				  wells (Section
				  704.106(b)
				  ) are not subject to the requirements found in 35 Ill. Adm. Code 702, 704, 705,
				  and 730. The UIC permit program for Class II wells is regulated by the Illinois
				  Department of Natural Resources, Office of Mines and Minerals, Oil and Gas
				  Division, pursuant to the Illinois Oil and Gas Act [ 225 ILCS 725 ] (see 62
				  Ill. Adm. Code 240). The owner or operator of a Class I, Class III, Class IV,
				  or Class V injection well must be authorized either by permit or by rule. In
				  carrying out the mandate of the SDWA, this Part provides that no injection may
				  be authorized by permit or by rule if it results in movement of fluid
				  containing any contaminant into underground sources of drinking water (USDWs)
				  (Section
				  704.122
				  ), if the presence of that contaminant may cause a violation of any primary
				  drinking water regulation under 35 Ill. Adm. Code 611, or if the presence of
				  that contaminant may adversely affect the health of persons (Section 704.122).
				  Section
				  704.124
				  prohibits the construction, operation, or maintenance of a Class IV injection
				  well. A Class V injection well is regulated under Subpart I. If remedial action
				  appears necessary for a Class V injection well, an individual permit may be
				  required (Subpart C) or the Agency must require remedial action or closure by
				  order (see Section
				  704.122(c)
				  ).
BOARD NOTE: Derived from
					 40 CFR
					 144.1(g) preamble
					 (2017).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart A - GENERAL PROVISIONS › Section 704.103 - Identification of Aquifers

Current through Register Vol. 48, No. 28, July 12, 2024
During UIC program development, the Agency may identify
				  aquifers and portions of aquifers that are actual or potential sources of
				  drinking water. This identification will provide an aid to the Agency in
				  carrying out its duty to protect all USDWs. An aquifer is a USDW if it fits the
				  definition in 35 Ill. Adm. Code
				  702.110,
				  even if it has not been identified by the Agency.
BOARD NOTE: See 35 Ill. Adm. Code
				  702.106.
				  Derived from
				  40 CFR
				  144.1(g)
				  (2011).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart A - GENERAL PROVISIONS › Section 704.104 - Exempted Aquifers

Current through Register Vol. 48, No. 28, July 12, 2024
The Board may designate "exempted aquifers" using criteria in
				  35 Ill. Adm. Code 730. Such an aquifer is one that would otherwise qualify as a
				  USDW to be protected, but which has no real potential to be used as a source of
				  drinking water. Therefore they are not USDWs. No aquifer is an exempted aquifer
				  until it has been affirmatively designated under the procedures set forth in
				  Section
				  704.123.
				  An aquifer that does not fit the definition of a USDW is not an exempted
				  aquifer. It is simply not subject to the special protection afforded a USDW.
				  During initial Class VI injection well program development, the areal extent of
				  an existing Class II enhanced oil recovery or enhanced gas recovery aquifer
				  exemption for Class VI injection wells must not be expanded. All Class II to
				  Class VI injection well aquifer exemption expansions previously issued must be
				  incorporated into the Class VI injection well program descriptions required by
				  USEPA pursuant to
				  40 CFR
				  145.23(f)(9).
BOARD NOTE: See 35 Ill. Adm. Code
				  702.105.
				  Derived from
				  40 CFR
				  144.1(g)
				  (2011).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart A - GENERAL PROVISIONS › Section 704.105 - Specific Inclusions and Exclusions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The following wells are included among
				those types of injection activities that are covered by the UIC regulations.
				(This list is not intended to be exclusive but is for clarification only.)
1) Any injection well located on a drilling
				platform inside territorial waters of the State of Illinois;
2) Any dug hole or well that is deeper than
				its largest surface dimension, where the principal function of the hole is
				emplacement of fluids;
3) Any well
				used by generators of hazardous waste, or by owners or operators of hazardous
				waste management facilities, to dispose of fluids containing hazardous waste.
				This includes the disposal of hazardous waste into what would otherwise be a
				septic system or cesspool, regardless of its capacity;
4) Any septic tank, cesspool, or other well
				used by a multiple dwelling, community, or regional system for the injection of
				wastes.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart A - GENERAL PROVISIONS › Section 704.106 - Classification of Injection Wells

Current through Register Vol. 48, No. 28, July 12, 2024
Injection wells are classified as follows:
a) Class I Injection Wells. Any of the
				following is a Class I injection well:
1) A
				well used by a generator of hazardous waste or the owner or operator of a
				hazardous waste management facility to inject hazardous waste beneath the
				lowermost formation containing a USDW within 402 meters (one-quarter mile) of
				the well bore.
2) Any other
				industrial and municipal disposal well that injects fluids beneath the
				lowermost formation containing a USDW within 402 meters (one-quarter mile) of
				the well bore.
3) A radioactive
				waste disposal well that injects fluids below the lowermost formation
				containing a USDW within 402 meters (one-quarter mile) of the well
				bore.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart A - GENERAL PROVISIONS › Section 704.107 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The definitions of 35 Ill. Adm. Code 702 apply to this Part.
				  Specific types of Class V injection wells are described in Section
				  704.281.
BOARD NOTE: Derived from
				  40
				  CFR
				  144.3(2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart A - GENERAL PROVISIONS › Section 704.108 - Electronic Reporting

Current through Register Vol. 48, No. 28, July 12, 2024
The filing of any document pursuant to any provision of this
				  Part as an electronic document is subject to 35 Ill. Adm. Code
				  720.104.
BOARD NOTE: Derived from 40 CFR 3 and
				  145.11(a)(33),
				  as added at 70 Fed. Reg. 59848 (Oct. 13, 2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart B - PROHIBITIONS › Section 704.121 - Prohibition Against Unauthorized Injection

Current through Register Vol. 48, No. 28, July 12, 2024
Any underground injection, except into a well authorized by
				  permit or rule issued pursuant to this Part and 35 Ill. Adm. Code 705 is
				  prohibited. The construction of any well required to have a permit under this
				  Part is prohibited until the permit has been issued.
BOARD NOTE: Derived from
				  40 CFR
				  144.11(2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart B - PROHIBITIONS › Section 704.122 - Prohibition Against Movement of Fluid into USDW

Current through Register Vol. 48, No. 28, July 12, 2024
a) No owner or operator may construct,
				operate, maintain, convert, plug, abandon, or conduct any other injection
				activity in a manner that allows the movement of fluid containing any
				contaminant into a USDW, if the presence of that contaminant could cause a
				violation of any national primary drinking water regulation under 35 Ill. Adm.
				Code 611 (derived from 40 CFR 141 ) or could otherwise adversely affect the
				health of persons. The applicant for a permit has the burden of showing that
				the requirement of this subsection (a) is met.
b) For a Class I, III, or VI injection well,
				if any water quality monitoring of a USDW indicates the movement of any
				contaminant into the USDW, except as authorized under 35 Ill. Adm. Code 730,
				the Agency must prescribe such additional requirements for construction,
				corrective action, operation, monitoring or reporting (including closure of the
				injection well) as are necessary to prevent such movement. In the case of a
				well authorized by permit, these additional requirements must be imposed by
				modifying the permit in accordance with 35 Ill. Adm. Code
				702.183 through
				702.185, or
				appropriate enforcement action may be taken if the permit has been violated,
				and the permit may be subject to revocation under 35 Ill. Adm. Code
				702.186 if cause
				exists. In the case of wells authorized by rule, see Section
				704.141
				through
				704.146.
c) For a Class V injection well, if at any
				time the Agency learns that a Class V injection well could cause a violation of
				any national primary drinking water regulation under 35 Ill. Adm. Code 611
				(derived from 40 CFR 141 ), it must undertake one of the following actions:
1) It must require the injector to obtain an
				individual permit;
2) It must issue
				a permit that requires the injector to take such actions (including, where
				necessary, closure of the injection well) as may be necessary to prevent the
				violation; or
3) It may initiate
				enforcement action.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart B - PROHIBITIONS › Section 704.123 - Identification of USDWs and Exempted Aquifers

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency may identify (by narrative
				description, illustrations, maps, or other means) and must protect as a USDW,
				any aquifer or part of an aquifer that meets the definition of a USDW set forth
				in 35 Ill. Adm. Code
				702.110, except as
				one of the exceptions of subsections (a)(1) and (a)(2) applies. Other than
				Agency-approved aquifer exemption expansions that meet the criteria set forth
				in 35 Ill. Adm. Code
				730.104,
				a new aquifer exemption must not be issued for a Class VI injection well. Even
				if an aquifer has not been specifically identified by the Agency, it is a USDW
				if it meets the definition in 35 Ill. Adm. Code 702.110. Identification of
				USDWs must be made according to criteria adopted by the Agency pursuant to 35
				Ill. Adm. Code
				702.106.
1) The Agency may not identify an aquifer or
				part of an aquifer as a USDW to the extent that there is an applicable aquifer
				exemption under subsection (b).
2)
				The Agency may not identify an aquifer or part of an aquifer as a USDW to the
				extent that the aquifer or part of an aquifer is an expansion to the areal
				extent of an existing Class II enhanced oil recovery or is subject to an
				enhanced gas recovery aquifer exemption for the exclusive purpose of Class VI
				injection for geologic sequestration under subsection (d).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart B - PROHIBITIONS › Section 704.124 - Prohibition Against Class IV Injection Wells

Current through Register Vol. 48, No. 28, July 12, 2024
a) The following are prohibited, except as
				provided in subsection (c):
1) The
				construction of any Class IV injection well.
2) The operation or maintenance of any Class
				IV injection well.
3) Any increase
				in the amount of hazardous waste or change in the type of hazardous waste
				injected into a Class IV injection well.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart B - PROHIBITIONS › Section 704.125 - Prohibition Against Non-Experimental Class V Injection Wells for Geologic Sequestration

Current through Register Vol. 48, No. 28, July 12, 2024
The construction, operation, or maintenance of any
				  non-experimental Class V geologic sequestration well is prohibited.
BOARD NOTE: Derived from
				  40
				  CFR
				  144.15(2011).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart B - PROHIBITIONS › Section 704.128 - Requirements for Class VI Injection Wells

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator of a Class VI injection well must
				  obtain a permit. A Class VI well cannot be authorized by rule to inject carbon
				  dioxide.
BOARD NOTE: Derived from
				  40 CFR
				  144.18(2011).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart B - PROHIBITIONS › Section 704.129 - Transitioning from a Class II Injection Well to a Class VI Injection Well

Current through Register Vol. 48, No. 28, July 12, 2024
a) The owner or
				operator of a Class II injection well that is injecting carbon dioxide into an
				oil and gas reservoir for the primary purpose of long-term storage must apply
				for and obtain a Class VI injection well geologic sequestration permit when
				there is an increased risk to a USDW compared to usual Class II injection well
				operations. In determining if there is an increased risk to a USDW, the owner
				or operator must consider the factors specified for Agency consideration in
				subsection (b).
b) The Agency must
				determine when there is an increased risk to a USDW from injecting carbon
				dioxide into an oil and gas reservoir for the primary purpose of long-term
				storage compared to usual Class II injection well operations and that a Class
				VI injection well permit is required. In order to make this determination, the
				Agency must consider the following factors:
1)
				Any increase in reservoir pressure within the injection zones;
2) Any increase in carbon dioxide injection
				rates;
3) Any decrease in reservoir
				production rates;
4) The distance
				between the injection zones and USDWs;
5) The suitability of the Class II injection
				well area of review delineation;
6)
				The quality of abandoned well plugs within the area of review;
7) The owner's or operator's plan for
				recovery of carbon dioxide after the cessation of injection;
8) The source and properties of injected
				carbon dioxide; and
9) Any
				additional site-specific factors that the Agency determines are necessary to
				determine whether the injection poses greater risk than usual Class II
				operations.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart C - AUTHORIZATION OF UNDERGROUND INJECTION BY RULE › Section 704.141 - Existing Class I and III Injection Wells

Current through Register Vol. 48, No. 28, July 12, 2024
Authorization by rule is no longer possible for Class I or
				  Class III injection wells. The owners or operators of Class I and Class III
				  injection wells were required by
				  40
				  CFR 144.21(c)(8)(i) to
				  submit a permit application before March 3, 1989 (five years after the
				  effective date of USEPA authorization of the Illinois program).
BOARD NOTE: Derived from
					 40
					 CFR 144.21(a) and (d)
					 (2017).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart C - AUTHORIZATION OF UNDERGROUND INJECTION BY RULE › Section 704.142 - Prohibitions Against Injection into Wells Authorized by Rule

Current through Register Vol. 48, No. 28, July 12, 2024
An owner or operator of a well authorized by rule pursuant to
				  this Subpart C is prohibited from injecting into the well on the occurrence of
				  any of the following:
a) Upon the
				effective date of an applicable permit denial;
b) Upon a failure to submit a permit
				application in a timely manner pursuant to Section
				704.147 or
				704.161;
c) Upon a failure to submit inventory
				information in a timely manner pursuant to Section
				704.148;
d) Upon a failure to comply with a request
				for information in a timely manner pursuant to Section
				704.149;
e) Upon a failure to provide alternative
				financial assurance pursuant to Section
				704.150(d)(6);
f) 48 hours after receipt of a determination
				by the Agency pursuant to Section
				704.150(f)(3)
				that the well lacks mechanical integrity, unless the Agency orders immediate
				cessation pursuant to Section 34 of the Act or as ordered by a court pursuant
				to Section 43 of the Act; or
g)
				Upon receipt of notification from the Agency that the transferee has not
				demonstrated financial assurance pursuant to Section
				704.150(d).
BOARD NOTE: Derived from
					 40
					 CFR 144.21(c)
					 (2017).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart C - AUTHORIZATION OF UNDERGROUND INJECTION BY RULE › Section 704.143 - Expiration of Authorization

Current through Register Vol. 48, No. 28, July 12, 2024
The authorization provided in Section
				  704.141
				  expires upon the earliest of the following events:
a) Upon the effective date of a permit issued
				pursuant to any of Sections
				704.147,
				704.161,
				704.162,
				or
				704.163;
b) After plugging or abandonment in
				accordance with an approved plugging and abandonment plan pursuant to Section
				704.150(c)
				and 35 Ill. Adm. Code
				730.110,
				and upon submission of a plugging and abandonment report pursuant to Section
				704.150(k);
				or
c) Upon conversion in compliance
				with Section
				704.150(j).
BOARD NOTE: Derived from
				  40
				  CFR 144.21(b)
				  (2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart C - AUTHORIZATION OF UNDERGROUND INJECTION BY RULE › Section 704.144 - Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Any person authorized by rule under Section
				  704.141
				  must comply with the applicable requirements of Section
				  704.148
				  and 35 Ill. Adm. Code 730.
BOARD NOTE: Derived from
				  40
				  CFR 144.21(e)
				  (2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart C - AUTHORIZATION OF UNDERGROUND INJECTION BY RULE › Section 704.145 - Existing Class IV Injection Wells

Current through Register Vol. 48, No. 28, July 12, 2024
a) Injection into a Class IV injection well,
				as defined in Section
				704.106(d)(1),
				is not authorized. The owner or operator of any such well must comply with
				Sections
				704.124
				and
				704.203.
b) Closure.
1) Prior to abandoning any Class IV injection
				well, the owner or operator must plug or otherwise close the well in a manner
				acceptable to the Agency.
2) The
				owner and operator of any Class IV injection well must submit to the Agency a
				plan for plugging or otherwise closing and abandoning the well.
3) The owner or operator of a Class IV
				injection well must notify the Agency of intent to abandon the well at least 30
				days prior to abandonment.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart C - AUTHORIZATION OF UNDERGROUND INJECTION BY RULE › Section 704.146 - Class V Injection Wells

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				A Class V injection well is authorized by rule, subject to the conditions set
				forth in Section
				704.284.
b) Duration of well authorization by rule.
				Well authorization under this Section expires upon the effective date of a
				permit issued pursuant to any of Sections
				704.147,
				704.161,
				704.162,
				or
				704.163.
c) Prohibition of injection. An owner or
				operator of a well that is authorized by rule pursuant to this Section is
				prohibited from injecting into the well on the occurrence of any of the
				following:
1) Upon the effective date of an
				applicable permit denial;
2) Upon a
				failure to submit a permit application in a timely manner pursuant to Section
				704.147 or
				704.161;
3) Upon a failure to
				submit inventory information in a timely manner pursuant to Section
				704.148;
				or
4) Upon a failure to comply with
				a request for information in a timely manner pursuant to Section
				704.149.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart C - AUTHORIZATION OF UNDERGROUND INJECTION BY RULE › Section 704.147 - Requiring a Permit

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency may require the owner or operator of any Class V injection well that is
				authorized by rule under this Subpart C to apply for and obtain an individual
				or area UIC permit. Cases where individual or area UIC permits may be required
				include the following:
1) The injection well
				is not in compliance with any requirement of this Subpart C;
BOARD NOTE: Any underground injection that violates any rule
				  under this Subpart C is subject to appropriate enforcement
				  action.
2) The injection
				well is not or no longer is within the category of wells and types of well
				operations authorized in the rule;
3) The protection of USDWs requires that the
				injection operation be regulated by requirements, such as for corrective
				action, monitoring and reporting, or operation, that are not contained in this
				Subpart C.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart C - AUTHORIZATION OF UNDERGROUND INJECTION BY RULE › Section 704.148 - Inventory Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator of an injection well that is authorized
				  by rule under this Subpart C must submit inventory information to the Agency.
				  Such an owner or operator is prohibited from injecting into the well upon
				  failure to submit inventory information for the well to the Agency within the
				  time frame specified in subsection (d).
a) Contents. As part of the inventory, the
				owner or operator must submit at least the following information:
1) The facility name and location;
2) The name and address of legal
				contact;
3) The ownership of
				facility;
4) The nature and type of
				injection wells; and
5) The
				operating status of injection wells.
BOARD NOTE: This information is requested on national form
				  "Inventory of Injection Wells", USEPA Form 7520-16, incorporated by reference
				  in 35 Ill. Adm. Code
				  720.111(a).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart C - AUTHORIZATION OF UNDERGROUND INJECTION BY RULE › Section 704.149 - Requiring Other Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) In addition to the inventory requirements
				of Section
				704.148,
				the Agency may require the owner or operator of any well authorized by rule
				under this Subpart C to submit information as deemed necessary by the Agency to
				determine whether a well may be endangering a USDW in violation of Section
				704.122.
b) Such information requirements may include,
				but are not limited to the following:
1)
				Performance of groundwater monitoring and the periodic submission of reports of
				such monitoring;
2) An analysis of
				injected fluids, including periodic submission of such analyses; and
3) A description of the geologic strata
				through and into which injection is taking place.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart C - AUTHORIZATION OF UNDERGROUND INJECTION BY RULE › Section 704.150 - Requirements for Class I and III Injection Wells Authorized by Rule

Current through Register Vol. 48, No. 28, July 12, 2024
The following requirements apply to the owner or operator of
				  a Class I or Class III well authorized by rule under this Subpart C, as
				  provided by Section
				  704.144.
a) The owner or operator must comply with all
				applicable requirements of this Subpart C and with Sections
				704.121,
				704.122,
				704.124,
				704.201,
				704.202, and
				704.203. Any
				noncompliance with these requirements constitutes a violation of the Act and
				SDWA and is grounds for enforcement action, except that the owner or operator
				need not comply with these requirements to the extent and for the duration such
				noncompliance is authorized by an emergency permit under Section
				704.163.
b) Twenty-Four Hour Reporting. The owner or
				operator must report any noncompliance that may endanger health or the
				environment, including either of the events described in subsection (b)(1) or
				(b)(2), subject to the conditions of subsection (b)(3):
1) Any monitoring or other information that
				indicates that any contaminant may cause an endangerment to a USDW;
				or
2) Any noncompliance or
				malfunction of the injection system that may cause fluid migration into or
				between USDWs.
3) Any information
				must be provided orally within 24 hours from the time the owner or operator
				becomes aware of the circumstances. A written submission must also be provided
				within five days of the time the owner or operator becomes aware of the
				circumstances. The written submission must contain a description of the
				noncompliance and its cause; the period of noncompliance, including exact dates
				and times, and if the noncompliance has not been corrected, the anticipated
				time it is expected to continue; and steps taken or planned to reduce,
				eliminate, and prevent recurrence of the noncompliance.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart C - AUTHORIZATION OF UNDERGROUND INJECTION BY RULE › Section 704.151 - RCRA Interim Status for Class I Injection Wells

Current through Register Vol. 48, No. 28, July 12, 2024
The minimum standards that define acceptable injection of
				  hazardous waste during the period of interim status under 35 Ill. Adm. Code 703
				  are set out in the applicable provisions of this Part, 35 Ill. Adm. Code
				  725.530
				  and 730. The issuance of a UIC permit does not automatically terminate interim
				  status. A Class I injection well's interim status does, however, automatically
				  terminate upon issuance of a RCRA permit to that well, or upon the well's
				  receiving a RCRA permit by rule under 35 Ill. Adm. Code
				  703.141. Thus,
				  until a Class I injection well injecting hazardous waste receives a RCRA permit
				  or RCRA permit by rule, the well's interim status requirements are the
				  applicable requirements imposed pursuant to this Part and 35 Ill. Adm. Code 725
				  and 730, including any requirements imposed in the UIC permit.
BOARD NOTE: Derived from
				  40 CFR
				  144.1(h)
				  (2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart D - APPLICATION FOR PERMIT › Section 704.161 - Application for Permit; Authorization by Permit

Current through Register Vol. 48, No. 28, July 12, 2024
a) Permit Application. Unless an underground
				injection well is authorized by rule under Subpart C, all injection activities,
				including construction of an injection well, are prohibited until the owner or
				operator is authorized by permit. An owner or operator of a well currently
				authorized by rule must apply for a permit under this Section unless the well
				authorization was for the life of the well or project. Authorization by rule
				for a well or project for which a permit application has been submitted
				terminates for the well or project upon the effective date of the permit.
				Procedures for application, issuance, and administration of emergency permits
				are found exclusively in Section
				704.163. A RCRA
				permit applying the standards of Subpart C of 35 Ill. Adm. Code 724 will
				constitute a UIC permit for hazardous waste injection wells for which the
				technical standards in 35 Ill. Adm. Code 730 are not generally appropriate.
BOARD NOTE: Subsection (a) is derived from
				  40 CFR
				  144.31(a)
				  (2017).
b) Time to Apply.
				Any person that proposes an underground injection for which a permit will be
				required must submit an application to the Agency. For new injection wells,
				except new wells covered by an existing area permit under Section
				704.162(c),
				the application must be filed a reasonable time before construction is expected
				to begin.
BOARD NOTE: Subsection (b) is derived from
				  40 CFR
				  144.31(c)
				  (2017).
c) Contents of UIC
				Application. The applicant must demonstrate that the underground injection will
				not endanger drinking water sources. The form and content of the UIC permit
				application may be prescribed by the Agency, including the materials required
				by 35 Ill. Adm. Code
				702.123.
d) Information Requirements for a Class I
				Hazardous Waste Injection Well
1) The
				following information is required for each active Class I hazardous waste
				injection well at a facility seeking a UIC permit:
A) The dates the well was operated;
				and
B) Specification of all wastes
				that have been injected into the well, if available.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart D - APPLICATION FOR PERMIT › Section 704.162 - Area Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency may issue a permit on an area basis, rather than for each injection well
				individually, provided that the permit is for injection wells for which each of
				the following is true:
1) The injection wells
				are described and identified by location in permit applications, if they are
				existing injection wells, except that the Agency may accept a single
				description of multiple injection wells with substantially the same
				characteristics;
2) The injection
				wells are within the same well field, facility site, reservoir, project, or
				similar unit in the same state;
3)
				The injection wells are operated by a single owner or operator;
4) The injection wells are used to inject
				other than hazardous waste; and
5)
				The injection wells are other than Class VI injection wells.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart D - APPLICATION FOR PERMIT › Section 704.163 - Emergency Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Coverage. Notwithstanding any other provision of this Part or 35 Ill. Adm. Code
				702 or 705, the Agency may temporarily permit a specific underground injection
				if an imminent and substantial threat to the health of persons will result
				unless a temporary emergency permit is granted.
b) Requirements for Issuance
1) Any temporary permit under subsection (a)
				must be for no longer term than required to prevent the threat.
2) Notice of any temporary permit under this
				subsection (b) must be published in accordance with 35 Ill. Adm. Code
				705.163
				within 10 days after the issuance of the permit.
3) The temporary permit under this section
				may be either oral or written. If oral, it must be followed within five
				calendar days by a written temporary emergency permit.
4) The Agency must condition the temporary
				permit in any manner it determines is necessary to ensure that the injection
				will not result in the movement of fluids into a USDW.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart E - PERMIT CONDITIONS › Section 704.181 - Additional Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
The following conditions apply to all UIC permits, in
				  addition to those set forth in 35 Ill. Adm. Code
				  702.140
				  through
				  702.152,
				  and these conditions must be incorporated into all permits either expressly or
				  by reference. If incorporated by reference, a specific citation to these
				  regulations must be given in the permit.
a) In addition to 35 Ill. Adm. Code
				702.141 (duty to
				comply): the permittee needs not comply with the provisions of this permit to
				the extent and for the duration such noncompliance is authorized in a temporary
				emergency permit under Section
				704.163.
BOARD NOTE: Subsection (a) is derived from
				  40 CFR
				  144.51(a)
				  (2017).
b) In addition to 35
				Ill. Adm. Code
				702.150(b)
				(monitoring and records): the permittee must retain records concerning the
				nature and composition of all injected fluids until three years after the
				completion of any plugging and abandonment procedures specified under Section
				704.188
				or under Subpart G of 35 Ill. Adm. Code 730, as appropriate. The owner or
				operator must continue to retain the records after the three-year retention
				period, unless the owner or operator delivers the records to the Agency or
				obtains written approval from the Agency to discard the records.
BOARD NOTE: Subsection (b) is derived from
				  40 CFR
				  144.51(j)(2)(ii)
				  (2017).
c) In addition to 35
				Ill. Adm. Code
				702.152(a)
				(notice of planned changes), the following limitation applies: except for all
				new wells authorized by an area permit under Section
				704.162(c),
				a new injection well may not commence injection until construction is complete,
				and both of the following must occur:
1) The
				permittee must have submitted notice of completion of construction to the
				Agency; and
2) Inspection review
				must have occurred, as follows:
A) The Agency
				has inspected or otherwise reviewed the new injection well and finds it is in
				compliance with the conditions of the permit; or
B) The permittee has not received notice from
				the Agency of its intent to inspect or otherwise review the new injection well
				within 13 days of the date of the notice in subsection (c)(1), in which case
				prior inspection or review is waived, and the permittee may commence injection.
				The Agency must include in its notice a reasonable time period in which it will
				inspect the well.
BOARD NOTE: Subsection (c) is derived from
				  40 CFR
				  144.51(m)
				  (2017).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart E - PERMIT CONDITIONS › Section 704.182 - Establishing UIC Permit Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to the conditions established under 35 Ill. Adm.
				  Code
				  702.160
				  and Section
				  704.181,
				  each UIC permit must include conditions meeting the requirements of the
				  following Sections, when applicable.
A permit for the owner or
				  operator of a Class VI injection well must include conditions meeting the
				  requirements of Subpart H of 35 Ill. Adm. Code 730.
BOARD NOTE: Derived from
				  40 CFR
				  144.52(a) preamble
(2011)
.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart E - PERMIT CONDITIONS › Section 704.183 - Construction Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Existing wells must achieve compliance with construction
				  requirements as set forth in 35 Ill. Adm. Code 730 according to a compliance
				  schedule established as a permit condition. The owner or operator of a proposed
				  new injection well must submit plans for testing, drilling, and construction as
				  part of the permit application. Except as authorized by an area permit, no
				  construction may commence until a permit has been issued containing
				  construction requirements (see Section
				  704.121
				  ). New wells must be in compliance with these requirements prior to commencing
				  injection operations. Changes in construction plans during construction may be
				  approved by the Agency as minor modifications. (See 35 Ill. Adm. Code
				  702.187.) No
				  such changes may be physically incorporated into construction of the well prior
				  to approval of the modification by the Agency.
BOARD NOTE: Derived from
				  40 CFR
				  144.52(a)(1)
				  (2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart E - PERMIT CONDITIONS › Section 704.184 - Corrective Action

Current through Register Vol. 48, No. 28, July 12, 2024
UIC permits must require by condition corrective action as
				  set forth in Section
				  704.193 and 35
				  Ill. Adm. Code
				  730.107 and
				  730.184.
BOARD NOTE: Derived from
				  40 CFR
				  144.52(a)(2)
				  (2011).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart E - PERMIT CONDITIONS › Section 704.185 - Operation Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The permit must establish any maximum injection volumes and
				  pressures necessary to assure that fractures are not initiated in the confining
				  zone, that injected fluids do not migrate into any USDW, that formation fluids
				  are not displaced into any USDW, and to assure compliance with the 35 Ill. Adm.
				  Code 730 operating requirements.
BOARD NOTE: Derived from
				  40 CFR
				  144.52(a)(3)
				  (2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart E - PERMIT CONDITIONS › Section 704.186 - Hazardous Waste Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
UIC permits must require by condition requirements for wells
				  managing hazardous waste, as set forth in Subpart F.
BOARD NOTE: Derived from
					 40 CFR
					 144.52(a)(4) (2017).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart E - PERMIT CONDITIONS › Section 704.187 - Monitoring and Reporting

Current through Register Vol. 48, No. 28, July 12, 2024
UIC permits must require by condition monitoring and
				  reporting requirements, as set forth in 35 Ill. Adm. Code 730. The permittee
				  must be required to identify types of tests and methods used to generate the
				  monitoring data. Monitoring of the nature of the injected fluids must comply
				  with applicable analytical methods cited and described in tables IA (List of
				  Approved Biological Methods), IB (List of Approved Inorganic Test Procedures),
				  IC (List of Approved Test Procedures for Non-Pesticide Organic Compounds), ID
				  (List of Approved Test Procedures for Pesticides), IE (List of Approved
				  Radiologic Test Procedures), and IF (List of Approved Methods for
				  Pharmaceutical Pollutants) of
				  40 CFR
				  136.3 (Identification of Test Procedures) or
				  in appendix III of 40 CFR 261 (Chemical Analysis Test Methods), each
				  incorporated by reference in 35 Ill. Adm. Code
				  720.111(b)
				  or, in certain circumstances, by other methods that have been approved in
				  writing by the Agency.
BOARD NOTE: Derived from
				  40 CFR
				  144.52(a)(5)
				  (2012).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart E - PERMIT CONDITIONS › Section 704.188 - Plugging and Abandonment

Current through Register Vol. 48, No. 28, July 12, 2024
Any permit must include a requirement that, after a cessation
				  of operations of two years, the owner or operator must plug and abandon the
				  well in accordance with the plan unless it does the following:
a) It provides notice to the Agency;
				and
b) It describes actions or
				procedures satisfactory to the Agency that the owner or operator will take to
				ensure that the well will not endanger USDWs during the period of temporary
				abandonment. These actions and procedures must include compliance with the
				technical requirements applicable to active injection wells, unless waived by
				the Agency.
BOARD NOTE: Derived from
				  40 CFR
				  144.52(a)(6)
				  (2005).