Current through Register Vol. 48, No. 38, September 20, 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.
BOARD NOTE: Subsection (a) is derived from
40 CFR
270.80(2002).
b) When an owner or operator needs a RAP.
1) Whenever an owner or operator treats,
stores, or disposes of hazardous remediation wastes in a manner that requires a
RCRA permit under Section
703.121,
an owner or operator must obtain either of the following:
A) A RCRA permit according to 35 Ill. Adm.
Code 702 and this Part; or
B) A RAP
according to this Subpart H.
2) Treatment units that use combustion of
hazardous remediation wastes at a remediation waste management site are not
eligible for RAPs under this Subpart H.
3) An owner or operator may obtain a RAP for
managing hazardous remediation waste at an already permitted RCRA facility. An
owner or operator must have the RAP approved as a modification to the owner's
or operator's existing permit according to the requirements of Sections
703.270
through
703.273 or
Sections
703.280
through
703.283
instead of the requirements in this Subpart H. However, when an owner or
operator submits an application for such a modification, the information
requirements in Sections
703.281(a)(1),
703.282(a)(4),
and
703.283(a)(4)
do not apply. Instead, an owner or operator
must submit the information required under Section
703.302(d).
When the owner's or operator's RCRA permit is modified, the RAP becomes part of
the RCRA permit. Therefore, when the owner's or operator's RCRA permit
(including the RAP portion) is modified or reissued, or terminated, or when it
expires, the permit will be modified, according to the applicable requirements
in Sections
703.270
through
703.273 or
703.280
through 703.283, it will be reissued, according to the applicable requirements
in 35 Ill. Adm. Code
702.186 and
Sections
703.270
through 703.273, or it will be terminated, according to the applicable
requirements in 35 Ill. Adm. Code 702.186, or the permit will expire, according
to the applicable requirements in 35 Ill. Adm. Code
702.125
and
702.161.
BOARD NOTE: Subsection (b) is derived from
40 CFR
270.85(2002).
c) The provisions of 35 Ill. Adm. Code
702.181 apply
to RAPs.
BOARD NOTE: Subsection (c) is derived from
40
CFR 270.90(2002). The
corresponding federal provision includes an explanation that
40 CFR 270.4
provides that compliance with a permit constitutes compliance with RCRA. This
is contrary to Illinois law, under which compliance with a permit does not
constitute an absolute defense to a charge of violation of a substantive
standard other than a failure to operate in accordance with the terms of a
permit. See 35 Ill. Adm. Code
702.181(a)
and accompanying Board Note.