Current through Register Vol. 48, No. 38, September 20, 2024
a)
Applicability of This Section. This Section applies to the owner or operator of
a facility that treats or stores hazardous waste under a 35 Ill. Adm. Code
703.Subpart J RCRA standardized permit, except as provided in Section
727.100(a)(2).
BOARD NOTE: Subsection (a) is derived from
40 CFR
267.10.
b) Compliance with This Section. To comply
with this Section, the facility owner or operator must obtain a USEPA
identification number and follow the requirements of this Part for waste
analysis, security, inspections, training, special waste handling, and location
standards.
BOARD NOTE: Subsection (b) is derived from
40 CFR
267.11.
c) Obtaining a USEPA Identification Number.
The facility owner or operator must apply to the Agency for a USEPA
identification number using Notification of RCRA Subtitle C Activities (Site
Identification Form) (USEPA Form 8700-12).
BOARD NOTE: Subsection (c) is derived from
40 CFR
267.12. USEPA Form 8700-12 is available from
the Agency, Bureau of Land (217-782-6762). It is also available on-line for
download in PDF file format:
www.epa.gov/hwgenerators/instructions-and-form-hazardous-waste-generators-transporters-and-treatment-storage-and.
d) Waste Analysis Requirements
1) Before it treats or stores any hazardous
wastes, the facility owner or operator must obtain a detailed chemical and
physical analysis of a representative sample of the wastes. At a minimum, the
analysis must contain all the information needed to treat or store the waste to
comply with this Part and 35 Ill. Adm. Code 728.
A) The facility owner or operator may include
data in the analysis that was developed pursuant to 35 Ill. Adm. Code 721 or
data published or documented on the hazardous waste or on hazardous waste
generated from similar processes.
B) The facility owner or operator must repeat
the analysis as necessary to ensure that it is accurate and up to date. At a
minimum, the owner or operator must repeat the analysis if the process or
operation generating the hazardous wastes has changed.
2) The facility owner or operator must
develop and follow a written waste analysis plan that describes the procedures
it will follow to comply with subsection (d)(1). The owner or operator must
keep this plan at the facility. If the owner or operator receives wastes
generated from off-site and is eligible for a RCRA standardized permit, the
owner or operator also must have submitted the waste analysis plan with the
Notice of Intent. At a minimum, the plan must specify all of the following:
A) The hazardous waste parameters that the
owner or operator will analyze and the rationale for selecting these parameters
(that is, how analysis for these parameters will provide sufficient information
on the waste's properties to comply with subsection (d)(1)).
B) The test methods the owner or operator
will use to test for these parameters.
C) The sampling method the owner or operator
will use to obtain a representative sample of the waste to be analyzed. The
owner or operator may obtain a representative sample using either of the
following methods:
i) One of the sampling
methods described in Appendix A of 35 Ill. Adm. Code 721; or
ii) An equivalent sampling method.
D) How frequently the owner or
operator will review or repeat the initial analysis of the waste to ensure that
the analysis is accurate and up to date.
E) Where applicable, the methods the owner or
operator will use to meet the additional waste analysis requirements for
specific waste management methods, as specified in 35 Ill. Adm. Code
724.117,
724.934(d),
724.963(d),
and
724.983.
BOARD NOTE: Subsection (d) is derived from
40 CFR
267.13.
e) Security Requirements
1) The facility owner or operator must
prevent, and minimize the possibility for, livestock and unauthorized people
from entering the active portion of its facility.
2) The facility must have either of the
features listed in subsection (e)(2)(A) or those listed in subsection
(e)(2)(B).
A) A 24-hour surveillance system
(for example, television monitoring or surveillance by guards or facility
personnel) that continuously monitors and controls entry onto the active
portion of the facility; or
B) Both
of the following:
i) An artificial or natural
barrier (for example, a fence in good repair or a fence combined with a cliff)
that completely surrounds the active portion of the facility; and
ii) A means to control entry, at all times,
through the gates or other entrances to the active portion of the facility (for
example, an attendant, television monitors, locked entrance, or controlled
roadway access to the facility).
3) The facility owner or operator must post a
sign at each entrance to the active portion of a facility, and at other
prominent locations, in sufficient numbers to be seen from any approach to this
active portion. The sign must bear the legend "Danger - Unauthorized Personnel
Keep Out". The legend must be in English and in any other language predominant
in the area surrounding the facility (for example, French or Spanish), and must
be legible from a distance of at least 25 feet. The owner or operator may use
existing signs with a legend other than "Danger - Unauthorized Personnel Keep
Out" if the legend on the sign indicates that only authorized personnel are
allowed to enter the active portion and entry onto the active portion can be
dangerous.
BOARD NOTE: Subsection (e) is derived from
40 CFR
267.14.
f) General Inspection Requirements
1) The owner or operator must inspect its
facility for malfunctions and deterioration, operator errors, and discharges
that may be causing, or may lead to either of the conditions listed in
subsection (f)(1)(A) or (f)(1)(B). The owner or operator must conduct these
inspections often enough to identify problems in time to correct them before
they result in harm to human health and the environment.
A) A release of hazardous waste constituents
to the environment; or
B) A threat
to human health.
2) The
facility owner or operator must develop and follow a written schedule for
inspecting monitoring equipment, safety and emergency equipment, security
devices, and operating and structural equipment (such as dikes and sump pumps)
that are important to preventing, detecting, or responding to environmental or
human health hazards.
A) The owner or
operator must keep this schedule at the facility.
B) The schedule must identify the equipment
and devices that the owner or operator will inspect and what problems it will
look for, such as malfunctions or deterioration of equipment (for example,
inoperative sump pump, leaking fitting, etc.).
C) The frequency of the owner's or operator's
inspections may vary for the items on the schedule. However, the frequency
should be based on the rate of deterioration of the equipment and the
probability of an environmental or human health incident if the deterioration,
malfunction, or any operator error goes undetected between inspections. Areas
subject to spills, such as loading and unloading areas, must be inspected daily
when in use. At a minimum, the inspection schedule must include the items and
frequencies required in Sections
727.270(e),
727.290(d) and
(f), and
727.900(d)
and 35 Ill. Adm. Code
724.933,
724.952,
724.953,
724.958,
and
724.983
through
724.989,
where applicable.
3) The
facility owner or operator must remedy any deterioration or malfunction of
equipment or structures that the inspection reveals in time to prevent any
environmental or human health hazards. Where hazard is imminent or has already
occurred, the owner or operator must take immediate remedial action.
4) The facility owner or operator must record
all inspections. The owner or operator must keep these records for at least
three years from the date of inspection. At a minimum, the owner or operator
must include the date and time of the inspection, the name of the inspector, a
notation of the observations made, and the date and nature of any repairs or
other remedial actions.
BOARD NOTE: Subsection (f) is derived from
40 CFR
267.15.
g) Employee Training
1) Facility personnel must successfully
complete a program of classroom instruction or on-the-job training that teaches
them to perform their duties in a way that ensures the facility's compliance
with the requirements of this Part. The facility owner or operator must ensure
that this program includes all the elements described in the documents that are
required pursuant to subsection (g)(4)(C).
A)
A person trained in hazardous waste management procedures must direct this
program and must teach facility personnel hazardous waste management procedures
(including contingency plan implementation) relevant to their employment
positions.
B) At a minimum, the
training program must be designed to ensure that facility personnel are able to
respond effectively to emergencies by including instruction on emergency
procedures, emergency equipment, and emergency systems, including all of the
following, where applicable:
i) Procedures for
using, inspecting, repairing, and replacing facility emergency and monitoring
equipment.
ii) Key parameters for
automatic waste feed cut-off systems.
iii) Communications or alarm
systems.
iv) Response to fires or
explosions.
v) Response to
groundwater contamination incidents.
vi) Shutdown of
operations.
2)
Facility personnel must successfully complete the program required in
subsection (g)(1) within six months after the date of their employment or
assignment to a facility or to a new position at a facility, whichever is
later. Employees hired after the effective date of the owner's or operator's
RCRA standardized permit must not work in unsupervised positions until they
have completed the training requirements of subsection (g)(1).
3) Facility personnel must take part in an
annual review of the initial training required in subsection (g)(1).
4) The facility owner or operator must
maintain the following documents and records at its facility:
A) The job title for each position at the
facility related to hazardous waste management, and the name of the employee
filling each job;
B) A written job
description for each position listed pursuant to subsection (g)(4)(A). This
description must include the requisite skill, education, or other
qualifications, and duties of employees assigned to each position;
C) A written description of the type and
amount of both introductory and continuing training that will be given to each
person filling a position listed pursuant to subsection (g)(4)(A);
D) Records that document that facility
personnel have received and completed the training or job experience required
pursuant to subsections (g)(1), (g)(2), and (g)(3).
5) The facility owner or operator must keep
training records on current personnel until its facility closes. The owner or
operator must keep training records on former employees for at least three
years from the date the employee last worked at its facility. Personnel
training records may accompany personnel transferred within a company.
BOARD NOTE: Subsection (g) is derived from
40 CFR
267.16.
h) Requirements for Managing Ignitable,
Reactive, or Incompatible Wastes
1) The
facility owner or operator must take precautions to prevent accidental ignition
or reaction of ignitable or reactive waste by following these requirements:
A) The owner or operator must separate these
wastes and protect them from sources of ignition or reaction such as open
flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks
(static, electrical, or mechanical), spontaneous ignition (for example, from
heat-producing chemical reactions), and radiant heat.
B) While ignitable or reactive waste is being
handled, the owner or operator must confine smoking and open flames to
specially designated locations.
C)
"No Smoking" signs must be conspicuously placed wherever there is a hazard from
ignitable or reactive waste.
2) If it treats or stores ignitable or
reactive waste, or mixes incompatible waste or incompatible wastes and other
materials, the owner or operator must take precautions to prevent reactions
that do the following:
A) Generate extreme
heat or pressure, fire or explosions, or violent reactions.
B) Produce uncontrolled toxic mists, fumes,
dusts, or gases in sufficient quantities to threaten human health or the
environment.
C) Produce
uncontrolled flammable fumes or gases in sufficient quantities to pose a risk
of fire or explosions.
D) Damage
the structural integrity of the device or facility.
E) Threaten human health and the environment
in any similar way.
3)
The facility owner or operator must document compliance with subsection (h)(1)
or (h)(2). The owner or operator may base this documentation on references to
published scientific or engineering literature, data from trial tests (for
example bench scale or pilot scale tests), waste analyses (as specified in
Section 727.110(d)), or the results of the treatment of similar wastes by
similar treatment processes and under similar operating conditions.
BOARD NOTE: Subsection (h) is derived from
40
CFR 267.17.
i) Facility Location Standards
1) The facility owner or operator may not
locate any portion of a new facility where hazardous waste will be treated or
stored within 61 meters (200 feet) of a fault that has had displacement in
Holocene time.
A) "Fault" means a fracture
along which rocks on one side have been displaced with respect to those on the
other side.
B) "Displacement" means
the relative movement of any two sides of a fault measured in any
direction.
C) "Holocene" means the
most recent epoch of the Quaternary period, extending from the end of the
Pleistocene to the present.
BOARD NOTE: Under the note to corresponding
40
CFR 267.18(a)(3) and 40 CFR
270.14(b)(11), a facility that is in a political jurisdiction other than those
listed in appendix VI of 40 CFR 264, incorporated by reference in 35 Ill. Adm.
Code
720.111(b),
is assumed to be in compliance with this requirement. No area of Illinois is
listed in appendix VI of 40 CFR 264.
2) If an owner's or operator's facility is
located within a 100-year flood plain, it must be designed, constructed,
operated, and maintained to prevent washout of any hazardous waste by a
100-year flood.
A) "100-year flood plain"
means any land area that is subject to a one percent or greater chance of
flooding in any given year from any source.
B) "Washout" means the movement of hazardous
waste from the active portion of the facility as a result of
flooding.
C) "100-year flood" means
a flood that has a one percent chance of being equaled or exceeded in any given
year.
BOARD NOTE: Subsection (i) is derived from
40
CFR 267.18.