Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 738 - HAZARDOUS WASTE INJECTION RESTRICTIONS
Subpart C - PETITION STANDARDS AND PROCEDURES
Section 738.123 - Review of Adjusted Standards
Universal Citation: 35 IL Admin Code ยง 738.123
Current through Register Vol. 48, No. 38, September 20, 2024
a) Agency Review
1) When considering whether to
reissue a permit for the operation of a Class I hazardous waste injection well,
the Agency must review any adjusted standard granted by the Board pursuant to
this Subpart C.
2) If the Agency
determines that new information shows that the basis for granting the adjusted
standard may no longer be valid, the Agency must request in writing that the
permittee submit a petition to the Board to modify the adjusted
standard.
3) All petitions
requested by the Agency pursuant to subsection (a)(2) must be filed pursuant to
Section
738.120(f).
Such a petition may seek reaffirmation of the adjusted standard without
modification.
4) Permittee's
Failure to File a Petition, Agency Petitions for Reconsideration, and Board
Reconsideration of Adjusted Standards
A) If
the permittee fails to file a petition requested by the Agency under subsection
(a)(2), the Agency may petition the Board for reconsideration of any adjusted
standard granted under this Part at any time during the effectiveness of that
adjusted standard, the limitation periods of 35 Ill. Adm. Code
101.520
and
101.904
notwithstanding.
B) Board Review
i) The Board may conduct a plenary review of
the substance of any adjusted standard on reconsideration to the same extent
that it would review a new petition for an adjusted standard.
ii) The Board may treat a motion for
reconsideration of an adjusted standard as a new petition under Section
738.120
and require that the full requirements of that Section and of Subpart D of 35
Ill. Adm. Code 104 apply to the proceeding, with the Agency acting as the
petitioner.
b) Whenever the Board determines that the basis for approval of a petition may no longer be valid, the Board will require a new demonstration in accordance with Section 738.120.
BOARD NOTE: Derived from 40 CFR 148.23 (2017).
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