Current through Register Vol. 48, No. 38, September 20, 2024
a) Any person
seeking an exemption from a prohibition pursuant to Subpart C for the disposal
of a restricted hazardous waste in a particular unit or units must submit a
petition to the Board demonstrating, to a reasonable degree of certainty, that
there will be no migration of hazardous constituents from the disposal unit or
injection zone for as long as the wastes remain hazardous. The demonstration
must include the following components:
1) An
identification of the specific waste and the specific unit for which the
demonstration will be made;
2) A
waste analysis to describe fully the chemical and physical characteristics of
the subject waste;
3) A
comprehensive characterization of the disposal unit site including an analysis
of background air, soil, and water quality;
4) A monitoring plan that detects migration
at the earliest practical time;
5)
Sufficient information to assure the Agency that the owner or operator of a
land disposal unit receiving restricted wastes will comply with other
applicable federal, State, and local laws;
6) Whether the facility is in interim status,
or, if a RCRA permit has been issued, the term of the permit.
b) The demonstration referred to
in subsection (a) must meet the following criteria:
1) All waste and environmental sampling, test
and analysis data must be accurate and reproducible to the extent that
state-of-the-art techniques allow;
2) All sampling, testing and estimation
techniques for chemical and physical properties of the waste and all
environmental parameters must conform with "Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods", USEPA publication number EPA-530/SW-846, and
with "Generic Quality Assurance Project Plan for Land Disposal Restrictions
Program", USEPA publication number EPA-530/SW-87-011, each incorporated by
reference in 35 Ill. Adm. Code
720.111.
3) Simulation models must be calibrated for
the specific waste and site conditions, and verified for accuracy by comparison
with actual measurements;
4) A
quality assurance and quality control plan that addresses all aspects of the
demonstration and conforms with "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods", USEPA publication number EPA-530/SW-846, and with
"Generic Quality Assurance Project Plan for Land Disposal Restrictions
Program", USEPA publication number EPA-530/SW-87-011; and
5) An analysis must be performed to identify
and quantify any aspects of the demonstration that contribute significantly to
uncertainty. This analysis must include an evaluation of the consequences of
predictable future events, including, but not limited to, earthquakes, floods,
severe storm events, droughts, or other natural phenomena.
c) Each petition referred to in subsection
(a) must include the following:
1) A
monitoring plan that describes the monitoring program installed at or around
the unit to verify continued compliance with the conditions of the adjusted
standard. This monitoring plan must provide information on the monitoring of
the unit or the environment around the unit. The following specific information
must be included in the plan:
A) The media
monitored in the cases where monitoring of the environment around the unit is
required;
B) The type of monitoring
conducted at the unit, in the cases where monitoring of the unit is
required;
C) The location of the
monitoring stations;
D) The
monitoring interval (frequency of monitoring at each station);
E) The specific hazardous constituents to be
monitored;
F) The implementation
schedule for the monitoring program;
G) The equipment used at the monitoring
stations;
H) The sampling and
analytical techniques employed; and
I) The data recording and reporting
procedures.
2) Where
applicable, the monitoring program described in subsection (c)(1) must be in
place for a period of time specified by the Board, as part of its approval of
the petition, prior to receipt of prohibited waste at the unit.
3) The monitoring data collected according to
the monitoring plan specified pursuant to subsection (c)(1) must be sent to the
Agency according to a format and schedule specified and approved in the
monitoring plan.
4) A copy of the
monitoring data collected under the monitoring plan specified pursuant to
subsection (c)(1) must be kept on-site at the facility in the operating
record.
5) The monitoring program
specified pursuant to subsection (c)(1) must meet the following criteria:
A) All sampling, testing, and analytical data
must be approved by the Board and must provide data that is accurate and
reproducible;
B) All estimation and
monitoring techniques must be approved by the Board; and
C) A quality assurance and quality control
plan addressing all aspects of the monitoring program must be provided to and
approved by the Board.
d) Each petition must be submitted to the
Board as provided in Subpart D of 35 Ill. Adm. Code 104.
e) After a petition has been approved, the
owner or operator must report any changes in conditions at the unit or the
environment around the unit that significantly depart from the conditions
described in the petition and affect the potential for migration of hazardous
constituents from the units as follows:
1) If
the owner or operator plans to make changes to the unit design, construction,
or operation, the owner or operator must do the following at least 90 days
prior to making the change:
A) File a
petition for modification of or a new petition to amend an adjusted standard
with the Board reflecting the changes; or
B) Demonstrate to the Agency that the change
can be made consistent with the conditions of the existing adjusted
standard.
2) If the
owner or operator discovers that a condition at the site that was modeled or
predicted in the petition does not occur as predicted, this change must be
reported, in writing, to the Agency within 10 days after discovering the
change. The Agency must determine whether the reported change from the terms of
the petition requires further action, which may include termination of waste
acceptance, a petition for modification of or a new petition for an adjusted
standard.
f) If there is
migration of hazardous constituents from the unit, as determined by the owner
or operator, the owner or operator must do the following:
1) It must immediately suspend receipt of
prohibited waste at the unit, and
2) It must notify the Agency, in writing,
within 10 days after the determination that a release has occurred.
3) Following receipt of the notification, the
Agency must, do the following within 60 days after receiving notification:
A) It must determine whether the owner or
operator can continue to receive prohibited waste in the unit under the
conditions of the adjusted standard.
B) If modification or vacation of the
adjusted standard is necessary, it must file a motion to modify or vacate the
adjusted standard with the Board.
C) It must determine whether further
examination of any migration is required pursuant to the applicable provisions
of 35 Ill. Adm. Code 724 or 725.
g) Each petition must include the following
statement signed by the petitioner or an authorized representative:
I certify under penalty of law that I have personally
examined and am familiar with the information submitted in this petition and
all attached documents, and that, based on my inquiry of those individuals
immediately responsible for obtaining the information. I believe that submitted
information is true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the
possibility of fine and imprisonment.
h) After receiving a petition, the Board may
request any additional information that may be required to evaluate the
demonstration.
i) If approved, the
petition will apply to land disposal of the specific restricted waste at the
individual disposal unit described in the demonstration and will not apply to
any other restricted waste at that disposal unit, or to that specific
restricted waste at any other disposal unit.
j) The Board will give public notice and
provide an opportunity for public comment, as provided in Subpart D of 35 Ill.
Adm. Code 104. Notice of a final decision on a petition will be published in
the Environmental Register.
k) The
term of a petition granted pursuant to this Section will be no longer than the
term of the RCRA permit if the disposal unit is operating pursuant to a RCRA
permit, or up to a maximum of 10 years from the date of approval provided
pursuant to subsection (g) if the unit is operating under interim status. In
either case, the term of the granted petition expires upon the termination or
denial of a RCRA permit, or upon the termination of interim status or when the
volume limit of waste to be land disposed during the term of petition is
reached.
l) Prior to the Board's
decision, the applicant must comply with all restrictions on land disposal
pursuant to this Part once the effective date for the waste has been
reached.
m) The petition granted by
the Board does not relieve the petitioner of responsibilities in the management
of hazardous waste pursuant to 35 Ill. Adm. Code 702, 703, 720 through 728, and
738.
n) Liquid hazardous wastes
containing PCBs at concentrations greater than or equal to 500 ppm are not
eligible for an adjusted standard pursuant to this Section.
