Current through Register Vol. 48, No. 38, September 20, 2024
a) Permissible Types of Changes an Owner or
Operator May Make to its RCRA Standardized Permit. A facility owner or operator
may make a routine change, a routine change with prior Agency approval, or a
significant change. For the purposes of this subsection (a), the following
definitions apply:
"Routine change" is any change to the RCRA standardized
permit that qualifies as a Class 1 permit modification (without prior Agency
approval) pursuant to Appendix A to 35 Ill. Adm. Code 703.
"Routine change with prior Agency approval" is a change to
the RCRA standardized permit that would qualify as a Class 1 modification with
prior agency approval, or a Class 2 permit modification pursuant to Appendix A
to 35 Ill. Adm. Code 703.
"Significant change" is any change to the RCRA standardized
permit that falls into one of the following categories:
It qualifies as a Class 3 permit modification pursuant to
Appendix A to 35 Ill. Adm. Code 703;
It is not explicitly identified in Appendix A to 35 Ill. Adm.
Code 703; or
It amends any terms or conditions in the supplemental portion
of the RCRA standardized permit.
BOARD NOTE: Subsection (a) is derived from
40 CFR
124.211 (2017).
b) Procedures to Make Routine Changes
1) An owner or operator can make routine
changes to the RCRA standardized permit without obtaining approval from the
Agency. However, the owner or operator must first determine whether the routine
change it will make amends the information it submitted to the Agency pursuant
to 35 Ill. Adm. Code
703.351(b)
with its Notice of Intent to operate under the RCRA standardized
permit.
2) If the routine changes
that the owner or operator makes amend the information it submitted pursuant to
35 Ill. Adm. Code
703.351(b)
with its Notice of Intent to operate under the RCRA standardized permit, then
before the owner or operator makes the routine changes it must do both of the
following:
A) It must submit to the Agency
the revised information pursuant to 35 Ill. Adm. Code
703.351(b)(1);
and
B) It must provide notice of
the changes to the facility mailing list and to State and local governments in
accordance with the procedures in Section
705.163(a)(4) and
(a)(5).
BOARD NOTE: Subsection (b) is derived from
40 CFR
124.212 (2017).
c) Procedures for Routine Changes
with Prior Agency Approval
1) Routine changes
to the RCRA standardized permit may only be made with the prior written
approval of the Agency.
2) The
owner or operator must also follow the procedures in subsections (b)(2)(A) and
(b)(2)(B).
BOARD NOTE: Subsection (c) is derived from
40
CFR 124.213 (2017).
d) Procedures the Owner or
Operator Must Follow to Make Significant Changes
1) The owner or operator must first provide
notice of and conduct a public meeting.
A)
Public meeting. The owner or operator must hold a meeting with the public to
solicit questions from the community and inform the community of its proposed
modifications to its hazardous waste management activities. The owner or
operator must post a sign-in sheet or otherwise provide a voluntary opportunity
for people attending the meeting to provide their names and
addresses.
B) Public notice. At
least 30 days before the owner or operator plans to hold the meeting, it must
issue a public notice in accordance with 35 Ill. Adm. Code
703.191(d).
2) After holding the public
meeting, the owner or operator must submit a modification request to the Agency
that provides the following information:
A)
It must describe the exact changes that the owner or operator wants and whether
the changes are to information that the owner or operator provided pursuant to
35 Ill. Adm. Code
703.351(b)
or to terms and conditions in the supplemental portion of its RCRA standardized
permit;
B) It must explain why the
modification is needed; and
C) It
must include a summary of the public meeting held pursuant to subsection
(d)(1), along with the list of attendees and their addresses and copies of any
written comments or materials they submitted at the meeting.
3) Once the Agency receives an
owner's or operator's modification request, it must make a tentative
determination within 120 days to approve or disapprove the request. The Agency
is allowed a one time extension of 30 days to prepare the draft permit
decision. When the use of the 30-day extension is anticipated, the Agency
should inform the permit applicant during the initial 120-day review
period.
4) After the Agency makes
its tentative determination, the procedures in Sections
705.302(b)
and
705.303
for processing an initial request for coverage under the RCRA standardized
permit apply to making the final determination on the modification
request.
BOARD NOTE: Subsection (d) is derived from
40 CFR
124.214
(2017).
