Current through Register Vol. 48, No. 38, September 20, 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.
b) Except as specifically allowed under this
subsection (b), changes listed under subsection (a) of this Section must not be
made if they amount to reconstruction of the HWM facility. Reconstruction
occurs when the capital investment in the changes to the facility exceeds 50
percent of the capital cost of a comparable entirely new HWM facility. If all
other requirements are met, the following changes may be made even if they
amount to a reconstruction:
1) Changes made
solely for the purpose of complying with requirements of 35 Ill. Adm. Code
725.293
for tanks and ancillary equipment.
2) If necessary to comply with federal, State
or local requirements, including 35 Ill. Adm. Code 725, 728, or 729, changes to
an existing unit, changes solely involving tanks or containers, or addition of
replacement surface impoundments that satisfy the statutory standards of
Section 35 Ill. Adm. Code
728.139.
3) Changes that are necessary to allow an
owner or operator to continue handling newly listed or identified hazardous
wastes that have been treated, stored or disposed of at the facility prior to
the effective date of the rule establishing the new listing or
identification.
4) Changes during
closure of a facility or of a unit within a facility made in accordance with an
approved closure plan.
5) Changes
necessary to comply with an interim status corrective action order issued by:
USEPA under Section 3008(h) of the federal Resource Conservation and Recovery
Act (
42 USC
6930(a)) or other federal
authority; a court pursuant to a judicial action brought by USEPA; a court
pursuant to the Environmental Protection Act; or the Board. Changes under this
subsection (b)(5) are limited to the treatment, storage, or disposal of solid
waste from releases that originate within the boundary of the
facility.
6) Changes to treat or
store, in tanks, containers, or containment buildings, hazardous wastes subject
to land disposal restrictions imposed in 35 Ill. Adm. Code 728, provided that
such changes are made solely for the purpose of complying with 35 Ill. Adm.
Code 728.
7) Addition of newly
regulated units under subsection (a)(6) of this Section.
8) Changes necessary to comply with the
federal Clean Air Act (CAA) Maximum Achievable Control Technology (MACT)
emissions standards of 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).
BOARD NOTE: Derived from
40 CFR
270.72(2005). The federal
CAA MACT standards are directly implemented in Illinois pursuant to Section
39.5 of the Environmental Protection Act [415 ILCS
5/39.5] .