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 in containment buildings under
a RCRA standardized permit pursuant to 35 Ill. Adm. Code 703.Subpart J, except
as provided in Section
727.100(a)(2).
Storage or treatment in a containment building is not land disposal, as defined
in 35 Ill. Adm. Code
728.102, if the unit
meets the requirements of subsections (b), (c), and (d).
BOARD NOTE: Subsection (a) is derived from
40 CFR
267.1100.
b) Design and Operating Standards for
Containment Buildings. A containment building must comply with the design and
operating standards in this subsection (b). The Agency may consider standards
established by professional organizations generally recognized by the industry,
such as the American Concrete Institute (ACI) or the American Society of
Testing Materials (ASTM), in judging the structural integrity requirements of
this subsection (b).
1) The containment
building must be completely enclosed with a floor, walls, and a roof to prevent
exposure to the elements (e.g., precipitation, wind, run-on, etc.), and to
assure containment of managed wastes.
2) The floor and containment walls of the
unit, including the secondary containment system, if required pursuant to
subsection (d), must be designed and constructed of manmade materials of
sufficient strength and thickness to accomplish the following:
A) They must support themselves, the waste
contents, and any personnel and heavy equipment that operates within the
unit;
B) They must prevent failure
due to any of the following causes:
i)
Pressure gradients, settlement, compression, or uplift;
ii) Physical contact with the hazardous
wastes to which they are exposed;
iii) Climatic conditions;
iv) Stresses of daily operation, including
the movement of heavy equipment within the unit and contact of such equipment
with containment walls; or
v)
Collapse or other failure.
3) All surfaces to be in contact with
hazardous wastes must be chemically compatible with those wastes.
4) The facility owner or operator must not
place incompatible hazardous wastes or treatment reagents in the unit or its
secondary containment system if they could cause the unit or secondary
containment system to leak, corrode, or otherwise fail.
5) A containment building must have a primary
barrier designed to withstand the movement of personnel, waste, and handling
equipment in the unit during the operating life of the unit and appropriate for
the physical and chemical characteristics of the waste to be managed.
6) If appropriate to the nature of the waste
management operation to take place in the unit, an exception to the structural
strength requirement may be made for light-weight doors and windows that meet
these criteria:
A) The doors and windows
provide an effective barrier against fugitive dust emissions pursuant to
subsection (c)(4); and
B) The unit
is designed and operated in a fashion that assures that wastes will not
actually come in contact with these openings.
7) The facility owner or operator must
inspect and record in the facility's operating record, at least once every
seven days, data gathered from monitoring equipment and leak detection
equipment, as well as the containment building and the area immediately
surrounding the containment building to detect signs of releases of hazardous
waste.
8) The facility owner or
operator must obtain certification by a qualified registered professional
engineer that the containment building design meets the requirements of
subsections (b)(1) through (b)(6), (c), and (d).
BOARD NOTE: Subsection (b) is derived from
40
CFR 267.1101.
c) Other Requirements for Preventing
Releases. The facility owner or operator must use controls and practices to
ensure containment of the hazardous waste within the unit and must meet the
following minimum requirements:
1) It must
maintain the primary barrier to be free of significant cracks, gaps, corrosion,
or other deterioration that could cause hazardous waste to be released from the
primary barrier;
2) It must
maintain the level of the stored or treated hazardous waste within the
containment walls of the unit so that the height of any containment wall is not
exceeded;
3) It must take measures
to prevent personnel or by equipment used in handling the waste from tracking
hazardous waste out of the unit. The owner or operator must designate an area
to decontaminate equipment, and it must collect and properly manage any
rinsate; and
4) It must take
measures to control fugitive dust emissions such that any openings (doors,
windows, vents, cracks, etc.) exhibit no visible emissions (see Method 22 of
appendix A to 40 CFR 60 (Visual Determination of Fugitive Emissions from
Material Sources and Smoke Emissions from Flares), incorporated by reference in
35 Ill. Adm. Code
720.111(b)
). In addition, the owner or operator must operate and maintain all associated
particulate collection devices (for example, fabric filter, electrostatic
precipitator, etc.) with sound air pollution control practices. The owner or
operator must effectively maintain this state of no visible emissions at all
times during routine operating and maintenance conditions, including when
vehicles and personnel are entering and exiting the unit.
BOARD NOTE: Subsection (c) is derived from
40 CFR
267.1102.
d) Additional Design and Operating Standards
When Liquids Are in the Containment Building. If a containment building will be
used to manage hazardous wastes containing free liquids or treated with free
liquids, as determined by the paint filter test, by a visual examination, or by
other appropriate means, the facility owner or operator must include the
following:
1) A primary barrier designed and
constructed of materials to prevent the migration of hazardous constituents
into the barrier (for example, a geomembrane covered by a concrete wear
surface);
2) A liquid collection
and removal system to minimize the accumulation of liquid on the primary
barrier of the containment building, as follows:
A) The primary barrier must be sloped to
drain liquids to the associated collection system; and
B) The facility owner or operator must
collect and remove liquids and waste to minimize hydraulic head on the
containment system at the earliest practicable time;
3) A secondary containment system, including
a secondary barrier designed and constructed to prevent migration of hazardous
constituents into the barrier, and a leak detection system capable of detecting
failure of the primary barrier and collecting accumulated hazardous wastes and
liquids at the earliest practical time, as follows:
A) The facility owner or operator may meet
the requirements of the leak detection component of the secondary containment
system by installing a system that meets the following minimum construction
requirements:
i) It is constructed with a
bottom slope of one percent or more; and
ii) It is constructed of a granular drainage
material with a hydraulic conductivity of 1 x 10-2
cm/sec or more and a thickness of 12 inches (30.5 cm) or more, or constructed
of synthetic or geonet drainage materials with a transmissivity of 3 x
10-5 m2sec or
more;
B) If the facility
owner or operator will be conducting treatment in the building, it must design
the area in which the treatment will be conducted to prevent the release of
liquids, wet materials, or liquid aerosols to other portions of the building;
and
C) The facility owner or
operator must construct the secondary containment system using materials that
are chemically resistant to the waste and liquids managed in the containment
building and of sufficient strength and thickness to prevent collapse under the
pressure exerted by overlaying materials and by any equipment used in the
containment building.
BOARD NOTE: Subsection (d) is derived from
40
CFR 267.1103.
e) Alternatives to Secondary
Containment Requirements. Notwithstanding any other provision of this Section,
the Agency must, in writing, allow the use of alternatives to the requirements
for secondary containment for a permitted containment building where the Agency
has determined that the facility owner or operator has adequately demonstrated
both of the following:
1) The only free
liquids in the unit are limited amounts of dust suppression liquids required to
meet occupational health and safety requirements; and
2) The containment of managed wastes and dust
suppression liquids can be assured without a secondary containment system.
BOARD NOTE: Subsection (e) is derived from
40
CFR 267.1104.
f) Requirements Where the Containment
Building Contains Areas Both With and Without Secondary Containment. For a
containment building that contains both areas that have secondary containment
and areas that do not have secondary containment, the facility owner or
operator must fulfill the following requirements:
1) It must design and operate each area in
accordance with the requirements enumerated in subsections (b) through
(d);
2) It must take measures to
prevent the release of liquids or wet materials into areas without secondary
containment; and
3) It must
maintain in the facility's operating log a written description of the operating
procedures used to maintain the integrity of areas without secondary
containment.
BOARD NOTE: Subsection (f) is derived from
40
CFR 267.1105.
g) Requirements in the Event of a Release.
Throughout the active life of the containment building, if the facility owner
or operator detects a condition that could lead to or has caused a release of
hazardous waste, it must repair the condition promptly, in accordance with the
following procedures.
1) Upon detection of a
condition that has led to a release of hazardous waste (for example, upon
detection of leakage from the primary barrier), the owner or operator must
undertake each of the following actions:
A)
It must enter a record of the discovery in the facility operating
record;
B) It must immediately
remove the portion of the containment building affected by the condition from
service;
C) It must determine what
steps it will need to take to repair the containment building, to remove any
leakage from the secondary collection system, and to establish a schedule for
accomplishing the cleanup and repairs; and
D) Within seven days after the discovery of
the condition, it must notify the Agency of the condition, and within 14
working days, provide a written notice to the Agency with a description of the
steps taken to repair the containment building, and the schedule for
accomplishing the work.
2) The Agency must review the information
submitted, determine whether the containment building must be removed from
service completely or partially until repairs and cleanup are complete, and
notify the owner or operator of the determination and the underlying rationale
in writing.
3) Upon completing all
repairs and cleanup, the facility owner or operator must notify the Agency in
writing and provide a verification, signed by a qualified, registered
professional engineer, that the repairs and cleanup have been completed
according to the written plan submitted in accordance with subsection
(g)(1)(D).
BOARD NOTE: Subsection (g) is derived from
40 CFR
267.1106.
h) A Containment Building That Can Be
Considered Secondary Containment. A containment building can serve as an
acceptable secondary containment system for tanks placed within the building if
both of the following conditions are fulfilled:
1) The containment building can serve as an
external liner system for a tank if it meets the requirements of Section
727.290(g)(2);
and
2) The containment building
also meets the requirements of Section
727.290(f)(1),
(f)(2)(A), and (f)(2)(B).
BOARD NOTE: Subsection (h) is derived from
40
CFR 267.1107.
i) Requirements When the Owner or Operator
Stops Operating the Containment Building. When the facility owner or operator
close a containment building, it must remove or decontaminate all waste
residues, contaminated containment system components (liners, etc.),
contaminated subsoils, and structures and equipment contaminated with waste and
leachate and manage them as hazardous waste unless 35 Ill. Adm. Code
721.103(d)
applies. The closure plan, closure activities, cost estimates for closure, and
financial responsibility for containment buildings must meet all of the
requirements specified in Sections
727.210 and
727.240.
BOARD NOTE: Subsection (i) is derived from
40
CFR 267.1108.
