Current through Register Vol. 48, No. 38, September 20, 2024
a) The requirements
of this Subpart CC apply to owners and operators of all facilities that treat,
store, or dispose of hazardous waste in tanks, surface impoundments, or
containers that are subject to Subpart I, J, or K, except as Section
725.101
and subsection (b) provide otherwise.
b) The requirements of this Subpart CC do not
apply to the following waste management units at the facility:
1) A waste management unit that holds
hazardous waste placed in the unit before December 6, 1996, and in which no
hazardous waste was added to the unit on or after December 6, 1996;
2) A container that has a design capacity
less than or equal to 0.1 m3 (3.5
ft3 or 26.4 gal);
3) A tank in which an owner or operator has
stopped adding hazardous waste and the owner or operator has begun implementing
or completed closure pursuant to an approved closure plan;
4) A surface impoundment in which an owner or
operator has stopped adding hazardous waste (except to implement an approved
closure plan) and the owner or operator has begun implementing or completed
closure pursuant to an approved closure plan;
5) A waste management unit that is used
solely for on-site treatment or storage of hazardous waste that is placed in
the unit as a result of implementing remedial activities required pursuant to
the Act or Board regulations or pursuant to the corrective action authorities
of RCRA sections 3004(u), 3004(v), or 3008(h); CERCLA authorities; or similar
federal or State authorities;
6) A
waste management unit that is used solely for the management of radioactive
mixed waste in accordance with all applicable regulations pursuant to the
authority of the Atomic Energy Act of 1954 (
42 USC
2011 et seq.) and the Nuclear Waste Policy
Act of 1982 (
42
USC 10101 et seq.);
7) A hazardous waste management unit that the
owner or operator certifies is equipped with and operating air emission
controls in accordance with the requirements of an applicable federal Clean Air
Act regulation codified pursuant to 40 CFR 60 (Standards of Performance for New
Stationary Sources), 61 (National Emission Standards for Hazardous Air
Pollutants), or 63 (National Emission Standards for Hazardous Air Pollutants
for Source Categories). For the purpose of complying with this subsection
(b)(7), a tank for which the air emission control includes an enclosure, as
opposed to a cover, must be in compliance with the enclosure and control device
requirements of Section
725.985(i),
except as provided in Section
725.983(c)(5);
and
8) A tank that has a process
vent, as defined in 35 Ill. Adm. Code
725.931.
c) This subsection (c) corresponds
with
40
CFR 265.1080(c), which
requires incorporation of requirements of Subpart CC of 35 Ill. Adm. Code 724
into a permit issued prior to a date long past and compliance with this Subpart
CC until the permit issues. This statement maintains structural consistency
with the corresponding federal rules.
d) The requirements of this Subpart CC,
except for the recordkeeping requirements specified in Section
725.990(i),
are stayed for a tank or container used for the management of hazardous waste
generated by organic peroxide manufacturing and its associated laboratory
operations, when the owner or operator of the unit meets all of the following
conditions:
1) The owner or operator
identifies that the tank or container receives hazardous waste generated by an
organic peroxide manufacturing process producing more than one functional
family of organic peroxides or multiple organic peroxides within one functional
family, that one or more of these organic peroxides could potentially undergo
self-accelerating thermal decomposition at or below ambient temperatures, and
that organic peroxides are the predominant products manufactured by the
process. For the purposes of this subsection, "organic peroxide" means an
organic compound that contains the bivalent -O-O- structure and which may be
considered to be a structural derivative of hydrogen peroxide where one or both
of the hydrogen atoms has been replaced by an organic radical;
2) The owner or operator prepares
documentation, in accordance with Section
725.990(i),
explaining why an undue safety hazard would be created if air emission controls
specified in Sections
725.985 through
725.988
are installed and operated on the tanks and containers used at the facility to
manage the hazardous waste generated by the organic peroxide manufacturing
process or processes meeting the conditions of subsection (d)(1); and
3) The owner or operator notifies the Agency
in writing that hazardous waste generated by an organic peroxide manufacturing
process or processes meeting the conditions of subsection (d)(1) are managed at
the facility in tanks or containers meeting the conditions of subsection
(d)(2). The notification must state the name and address of the facility and be
signed and dated by an authorized representative of the facility owner or
operator.
