Current through Register Vol. 48, No. 38, September 20, 2024
a)
Written Plan Required
1) The owner or
operator of a hazardous waste management facility must have a written closure
plan. In addition, certain surface impoundments and waste piles from which the
owner or operator intends to remove or decontaminate the hazardous waste at
partial or final closure are required by Sections
724.328(c)(1)(A)
and
724.358(c)(1)(A)
to have contingent closure plans. The plan must be submitted with the permit
application, in accordance with 35 Ill. Adm. Code
703.183, and
approved by the Agency as part of the permit issuance proceeding pursuant to 35
Ill. Adm. Code 705. In accordance with 35 Ill. Adm. Code
703.241,
the approved closure plan will become a condition of any RCRA permit.
2) The Agency's approval of the plan must
ensure that the approved closure plan is consistent with Sections
724.211
through
724.215
and the applicable requirements of Sections
724.190 et seq.,
724.278,
724.297,
724.328, 724.358, 724.380, 724.410, 724.451, 724.701, and 724.1102. Until final
closure is completed and certified in accordance with Section 724.215, a copy
of the approved plan and approved revisions must be furnished to the Agency
upon request, including requests by mail.
b) Content of Plan. The plan must identify
steps necessary to perform partial or final closure of the facility at any
point during its active life. The closure plan must include, at least the
following:
1) A description of how each
hazardous waste management unit at the facility will be closed in accordance
with Section 724.211;
2) A
description of how final closure of the facility will be conducted in
accordance with Section 724.211. The description must identify the maximum
extent of the operations that will be unclosed during the active life of the
facility;
3) An estimate of the
maximum inventory of hazardous wastes ever on-site over the active life of the
facility and a detailed description of the methods to be used during partial
closures and final closure, including, but not limited to, methods for
removing, transporting, treating, storing, or disposing of all hazardous
wastes, and identification of the types of off-site hazardous waste management
units to be used, if applicable;
4)
A detailed description of the steps needed to remove or decontaminate all
hazardous waste residues and contaminated containment system components,
equipment, structures, and soils during partial and final closure, including,
but not limited to, procedures for cleaning equipment and removing contaminated
soils, methods for sampling and testing surrounding soils, and criteria for
determining the extent of decontamination required to satisfy the closure
performance standard;
5) A detailed
description of other activities necessary during the closure period to ensure
that all partial closures and final closure satisfy the closure performance
standards, including, but not limited to, groundwater monitoring, leachate
collection, and run-on and run-off control;
6) A schedule for closure of each hazardous
waste management unit and for final closure of the facility. The schedule must
include, at a minimum, the total time required to close each hazardous waste
management unit and the time required for intervening closure activities that
will allow tracking of the progress of partial and final closure (For example,
in the case of a landfill unit, estimates of the time required to treat and
dispose of all hazardous waste inventory and of the time required to place a
final cover must be included.);
7)
For facilities that use trust funds to establish financial assurance pursuant
to Section
724.243
or
724.245
and that are expected to close prior to the expiration of the permit, an
estimate of the expected year of final closure; and
8) For a facility where alternative
requirements are established at a regulated unit pursuant to Section
724.190(f),
724.210(c),
or
724.240(d),
as provided pursuant to 35 Ill. Adm. Code
703.161,
either the alternative requirements applying to the regulated unit or a
reference to the enforceable document containing those alternative
requirements.
c)
Amendment of the Plan. The owner or operator must submit a written notification
of or request for a permit modification to authorize a change in operating
plans, facility design, or the approved closure plan in accordance with the
applicable procedures in 35 Ill. Adm. Code 702, 703, and 705. The written
notification or request must include a copy of the amended closure plan for
review or approval by the Agency.
1) The
owner or operator may submit a written notification or request to the Agency
for a permit modification to amend the closure plan at any time prior to
notification of partial or final closure of the facility.
2) The owner or operator must submit a
written notification of or request for a permit modification to authorize a
change in the approved closure plan whenever any of the following occurs:
A) Changes in operating plans or facility
design affect the closure plan;
B)
There is a change in the expected year of closure, if applicable;
C) In conducting partial or final closure
activities, unexpected events require modification of the approved closure
plan; or
D) The owner or operator
requests the establishment of alternative requirements, as provided pursuant to
35 Ill. Adm. Code 703.161, to a regulated unit pursuant to Section
724.190(f),
724.210(c),
or
724.240(d).
3) The owner or operator must
submit a written request for a permit modification including a copy of the
amended closure plan for approval at least 60 days prior to the proposed change
in the facility design or operation, or no later than 60 days after an
unexpected event has occurred that has affected the closure plan. If an
unexpected event occurs during the partial or final closure period, the owner
or operator must request a permit modification no later than 30 days after the
unexpected event. An owner or operator of a surface impoundment or waste pile
that intends to remove all hazardous waste at closure and is not otherwise
required to prepare a contingent closure plan pursuant to Section
724.328(c)(1)(A)
or
724.358(c)(1)(A),
must submit an amended closure plan to the Agency no later than 60 days after
the date the owner or operator or Agency determines that the hazardous waste
management unit must be closed as a landfill, subject to Section
724.410,
or no later than 30 days after that date if the determination is made during
partial or final closure. The Agency must approve, disapprove or modify this
amended plan in accordance with the procedures in 35 Ill. Adm. Code 702, 703,
and 705. In accordance with 35 Ill. Adm. Code
702.160
and 703.241, the approved closure plan will become a condition of any RCRA
permit issued.
4) The Agency may
request modifications to the plan under the conditions described in Section
724.212(c)(2). The owner or operator must submit the modified plan within 60
days after the Agency's request, or within 30 days if the change in facility
conditions occurs during partial or final closure. Any modifications requested
by the Agency must be approved in accordance with the procedures in 35 Ill.
Adm. Code 702, 703, and 705.
d) Notification of Partial Closure and Final
Closure
1) The owner or operator must notify
the Agency in writing at least 60 days prior to the date on which the owner or
operator expects to begin closure of a surface impoundment, waste pile, land
treatment, or landfill unit or final closure of a facility with such a unit.
The owner or operator must notify the Agency in writing at least 45 days prior
to the date on which the owner or operator expects to begin final closure of a
facility with only treatment or storage tanks, container storage, or
incinerator units to be closed. The owner or operator must notify the Agency in
writing at least 45 days prior to the date on which the owner or operator
expects to begin partial or final closure of a boiler or industrial furnace,
whichever is earlier.
2) The date
when the owner or operator "expects to begin closure" must be either of the
following:
A) No later than 30 days after the
date on which any hazardous waste management unit receives the known final
volume of hazardous wastes or, if there is a reasonable possibility that the
hazardous waste management unit will receive additional hazardous wastes, no
later than one year after the date on which the unit received the most recent
volume of hazardous waste. If the owner or operator of a hazardous waste
management unit demonstrates to the Agency that the hazardous waste management
unit or facility has the capacity to receive additional hazardous wastes and
that the owner or operator has taken and will continue to take all steps to
adequately prevent threats to human health and the environment, including
compliance with all applicable permit requirements, the Agency must approve an
extension to this one-year limit; or
B) For units meeting the requirements of
Section
724.213(d),
no later than 30 days after the date on which the hazardous waste management
unit receives the final known volume of non-hazardous wastes, or, if there is a
reasonable possibility that the hazardous waste management unit will receive
additional non-hazardous wastes, no later than one year after the date on which
the unit received the most recent volume of non-hazardous wastes. If the owner
or operator demonstrates to the Agency that the hazardous waste management unit
has the capacity to receive additional non-hazardous wastes and that the owner
and operator have taken, and will continue to take, all steps to adequately
prevent threats to human health and the environment, including compliance with
all applicable permit requirements, the Agency must approve an extension to
this one-year limit.
3)
If the facility's permit is terminated, or if the facility is otherwise ordered
by judicial decree or Board order to cease receiving hazardous wastes or to
close, then this subsection (d) does not apply. However, the owner or operator
must close the facility in accordance with the deadlines established in Section
724.213.
e) Removal of
Wastes and Decontamination or Dismantling of Equipment. Nothing in this Section
must preclude the owner or operator from removing hazardous wastes and
decontaminating or dismantling equipment in accordance with the approved
partial or final closure plan at any time before or after notification of
partial or final closure.