Current through Register Vol. 48, No. 38, September 20, 2024
a) Definition
of a Staging Pile. A staging pile is an accumulation of solid, non-flowing
remediation waste (as defined in 35 Ill. Adm. Code
720.110) that is
not a containment building and which is used only during remedial operations
for temporary storage at a facility. A staging pile must be located within the
contiguous property under the control of the owner or operator where the wastes
to be managed in the staging pile originated. Staging piles must be designated
by the Agency in accordance with the requirements in this Section.
1) For the purposes of this Section, storage
includes mixing, sizing, blending, or other similar physical operations as long
as they are intended to prepare the wastes for subsequent management or
treatment.
2) This subsection
(a)(2) corresponds with
40
CFR 264.554(a)(2), which
USEPA has marked as "reserved". This statement maintains structural consistency
with the federal regulations.
b) Use of a Staging Pile. An owner or
operator may use a staging pile to store hazardous remediation waste (or
remediation waste otherwise subject to land disposal restrictions) only if an
owner or operator follows the standards and design criteria the Agency has
designated for that staging pile. The Agency must designate the staging pile in
a permit or, at an interim status facility, in a closure plan or order
(consistent with 35 Ill. Adm. Code
703.155(a)(5) and
(b)(5)) . The Agency must establish
conditions in the permit, closure plan, or order that comply with subsections
(d) through (k).
c) Information
That an Owner or Operator Must Submit to Gain Designation of a Staging Pile.
When seeking a staging pile designation, an owner or operator must provide the
following:
1) Sufficient and accurate
information to enable the Agency to impose standards and design criteria for
the facility's staging pile according to subsections (d) through (k);
2) Certification by a qualified Professional
Engineer of technical data, such as design drawings and specifications, and
engineering studies, unless the Agency determines, based on information that an
owner or operator provides, that this certification is not necessary to ensure
that a staging pile will adequately protect human health and the environment;
and
3) Any additional information
the Agency determines is necessary to adequately protect human health and the
environment.
d)
Performance Criteria That a Staging Pile Must Satisfy. The Agency must
establish the standards and design criteria for the staging pile in the permit,
closure plan, or order.
1) The standards and
design criteria must comply with the following:
A) The staging pile must facilitate a
reliable, effective, and protective remedy;
B) The staging pile must be designed so as to
prevent or minimize releases of hazardous wastes and hazardous constituents
into the environment, and minimize or adequately control cross-media transfer,
as necessary to adequately protect human health and the environment (for
example, through the use of liners, covers, or run-off and run-on controls, as
appropriate); and
C) The staging
pile must not operate for more than two years, except when the Agency grants an
operating term extension pursuant to subsection (i). An owner or operator must
measure the two-year limit or other operating term specified by the Agency in
the permit, closure plan, or order from the first time an owner or operator
places remediation waste into a staging pile. An owner or operator must
maintain a record of the date when it first placed remediation waste into the
staging pile for the life of the permit, closure plan, or order, or for three
years, whichever is longer.
2) In setting the standards and design
criteria, the Agency must consider the following factors:
A) The length of time the pile will be in
operation;
B) The volumes of wastes
the owner or operator intends to store in the pile;
C) The physical and chemical characteristics
of the wastes to be stored in the unit;
D) The potential for releases from the
unit;
E) The hydrogeological and
other relevant environmental conditions at the facility that may influence the
migration of any potential releases; and
F) The potential for human and environmental
exposure to potential releases from the unit.
e) Receipt of Ignitable or Reactive
Remediation Waste. An owner or operator must not place ignitable or reactive
remediation waste in a staging pile unless the following is true:
1) The owner or operator has treated,
rendered, or mixed the remediation waste before it placed the waste in the
staging pile so that the following is true of the waste:
A) The remediation waste no longer meets the
definition of ignitable or reactive pursuant to 35 Ill. Adm. Code
721.121
or
721.123;
and
B) The owner or operator has
complied with Section
724.117(b);
or
2) The owner or
operator manages the remediation waste to protect it from exposure to any
material or condition that may cause it to ignite or react.
f) Managing Incompatible
Remediation Wastes in a Staging Pile. The term "incompatible waste" is defined
in 35 Ill. Adm. Code 720.110. An owner or operator must comply with the
following requirements for incompatible wastes in staging piles:
1) The owner or operator must not place
incompatible remediation wastes in the same staging pile unless an owner or
operator has complied with Section
724.117(b);
2) If remediation waste in a staging pile is
incompatible with any waste or material stored nearby in containers, other
piles, open tanks, or land disposal units (for example, surface impoundments),
an owner or operator must separate the incompatible materials, or protect them
from one another by using a dike, berm, wall, or other device; and
3) The owner or operator must not pile
remediation waste on the same base where incompatible wastes or materials were
previously piled, unless the base has been decontaminated sufficiently to
comply with Section
724.117(b).
g) Staging piles are not subject
to land disposal restrictions and federal minimum technological requirements.
Placing hazardous remediation wastes into a staging pile does not constitute
land disposal of hazardous wastes or create a unit that is subject to the
federal minimum technological requirements of section 3004(o) of RCRA,
42
USC 6924(o).
h) How Long an Owner or Operator May Operate
a Staging Pile. The Agency may allow a staging pile to operate for up to two
years after hazardous remediation waste is first placed into the pile. An owner
or operator must use a staging pile no longer than the length of time
designated by the Agency in the permit, closure plan, or order (the "operating
term"), except as provided in subsection (i).
i) Receiving an Operating Extension for a
Staging Pile
1) The Agency may grant one
operating term extension of up to 180 days beyond the operating term limit
contained in the permit, closure plan, or order (see subsection (l) for
modification procedures). To justify the need for an extension, an owner or
operator must provide sufficient and accurate information to enable the Agency
to determine that the following is true of continued operation of the staging
pile:
A) Continued operation will not pose a
threat to human health and the environment; and
B) Continued operation is necessary to ensure
timely and efficient implementation of remedial actions at the
facility.
2) The Agency
must, as a condition of the extension, specify further standards and design
criteria in the permit, closure plan, or order, as necessary, to ensure
adequate protection of human health and the environment.
j) The Closure Requirement for a Staging Pile
Located in a Previously Contaminated Area
1)
Within 180 days after the operating term of the staging pile expires, an owner
or operator must close a staging pile located in a previously contaminated area
of the site by removing or decontaminating all of the following:
A) Remediation waste;
B) Contaminated containment system
components; and
C) Structures and
equipment contaminated with waste and leachate.
2) An owner or operator must also
decontaminate contaminated subsoils in a manner and according to a schedule
that the Agency determines will adequately protect human health and the
environment.
3) The Agency must
include the above requirements in the permit, closure plan, or order in which
the staging pile is designated.
k) The Closure Requirement for a Staging Pile
Located in a Previously Uncontaminated Area
1) Within 180 days after the operating term
of the staging pile expires, an owner or operator must close a staging pile
located in an uncontaminated area of the site according to Sections
724.358(a)
and
724.211
or according to 35 Ill. Adm. Code
725.358(a)
and
725.211.
2) The Agency must include the requirement of
this Section stated in subsection (k)(1) in the permit, closure plan, or order
in which the staging pile is designated.
l) Modifying an Existing Permit (e.g., a
RAP), Closure Plan, or Order to Allow Use of a Staging Pile
1) To modify a permit, other than a RAP, to
incorporate a staging pile or staging pile operating term extension, either of
the following must occur:
A) The Agency must
approve the modification pursuant to the procedures for Agency-initiated permit
modifications in 35 Ill. Adm. Code
703.270
through
703.273;
or
B) An owner or operator must
request a Class 2 modification pursuant to 35 Ill. Adm. Code
703.280
through
703.283.
2) To modify a RAP to incorporate
a staging pile or staging pile operating term extension, an owner or operator
must comply with the RAP modification requirements pursuant to 35 Ill. Adm.
Code
703.304(a)
and (b).
3) To modify a closure plan to incorporate a
staging pile or staging pile operating term extension, an owner or operator
must follow the applicable requirements pursuant to Section
724.212(c)
or 35 Ill. Adm. Code
725.212(c).
4) To modify an order to incorporate a
staging pile or staging pile operating term extension, an owner or operator
must follow the terms of the order and the applicable provisions of 35 Ill.
Adm. Code
703.155(a)(5) or
(b)(5).
m) Public Availability of Information about a
Staging Pile. The Agency must document the rationale for designating a staging
pile or staging pile operating term extension and make this documentation
available to the public.
