Please read these instructions carefully and ensure that all required information is provided with the RAPP application. The RCRA Permit Application form (LPC-PA23) must be completed and submitted as part of the RCRA RAPP application. All of the applicable information for a RCRA RAPP described below must be attached to the permit application form. Justification must be provided if any applicable information is not contained in the application.
The following information regarding the site location must be provided for all RAPP applications.
Scaled drawings of the remediation waste management site showing site boundaries, significant physical structures, and on-site boundaries within which remediation waste is to be treated, stored, or disposed must be included with the application.
A United States Geological Survey or county map showing the location of the remediation waste management site relative to the surrounding area must also be provided. This scaled drawing must show the site and a distance of 1,000 feet around it, at a scale of 1 inch equal to not more than 200 feet, and include contours sufficient to show surface water flow around the unit, drawing date, location of the 100-year floodplain, surface water, surrounding land uses, a wind rose, map orientation, and legal boundaries of site. The map/drawing must clearly indicate the location of the proposed hazardous remediation waste management unit(s).
In order to demonstrate compliance with Section 21(1) of the Environmental Protection Act, the topographic map must show the location of any active or inactive shaft or tunnel below the facility, the location of any active faults within 2 miles of the facility boundary, the location of any existing wells or sources of public water supply within 1500 feet of the proposed site for the hazardous remediation waste management unit, and the location of corporate boundaries of any municipalities within one and one-half miles of the facility boundary.
Submit a description and one or more laboratory reports detailing the chemical and physical analysis of representative samples of the wastes to be stored, treated, or disposed of at the site. Provide a waste analysis plan that specifies the test methods, sampling methods, and sampling frequencies that will be used to characterize the remediation waste(s) and demonstrate that it is adequately treated.
Provide an estimation of the quantity of wastes/materials to be remediated, and a brief description of the process the owner or operator will use to treat, store, and/or dispose of the wastes. Information regarding the technologies, handling systems, design, and operating parameters the owner or operator will use to treat the wastes before disposal is required in the RAPP application (Note: this information may be provided as part of the unit specific information described below).
Indicate the type(s) of units and how remediation waste will be managed in those units. This information should also be provided in Section III of the permit application form LPC-PA23. The information required for specific units is identified in the appendices of this document, and is briefly summarized below.
RAPP applications must contain sufficient information to demonstrate compliance with the regulatory requirements in order for the Illinois EPA to determine if operation according to the RAPP will ensure compliance with the applicable requirements at 35 Ill. Adm. Code 724, 726, and 728. For treatment, storage, or disposal units with performance based standards, such as staging piles, miscellaneous units, CAMUs, and temporary units (TUs), the application must provide justification for proposed design and operating requirements which differ from those contained in 35 Ill. Adm. Code 724, Subparts I through X, yet are intended to remain protective of human health and the environment.
Provide the following information with all RAPP applications:
Emergency and Contingency Plan 35 Ill. Adm. Code 724.101(j)(10) & (11): The facility must develop and maintain procedures to prevent accidents, and a contingency & emergency plan to control accidents that have occurred. These procedures must address the proper design, construction, maintenance, and operation of the hazardous remediation waste management units to minimize the possibility of, and the hazards from, fire, explosions, or releases. The plan must explain what steps will be taken in case of a fire, explosion, or release. The application must also designate at least one on-site or on-call employee with the authority to commit the resources necessary to carry out the contingency plan and to coordinate all emergency response measures. The names, phone numbers, and titles of all emergency coordinators must be included in the application.
Security 35 Ill. Adm. Code 724.101(j)(3): Provide one of the following: 1) A demonstration that devices and/or procedures are in place at the site to prevent unauthorized people or livestock from entering the remediation waste management site, or 2) A demonstration that physical contact with the waste, structures, or equipment at the site will not injure people or livestock, and the disturbance of waste or equipment by people or livestock will not cause injury.
General Inspection Requirements 35 Ill. Adm. Code 724.101(j)(4): The owner or operator must develop an inspection plan and schedule for the units proposed in the RAPP application. The inspection plan should be able to detect malfunctions, deterioration, operator errors, and discharges that may cause a release of hazardous constituents to the environment or a threat to human health. Inspections must be conducted often enough to identify problems before they harm human health or the environment. If a hazard is imminent or has taken place, the owner or operator must take immediate action.
Personnel Training 35 Ill. Adm. Code 724.101(j)(5): The owner or operator must provide personnel with classroom or on the job training on how to perform their duties in a way that ensures the remediation waste management site complies with the requirements of 35 Ill. Adm. Code 724, Subpart H.
General Requirements for Ignitable, Reactive or Incompatible Wastes 35 Ill. Adm. Code 724.101(j)(6): The application must describe what measures will be taken to prevent accidental ignition or reaction of wastes. These measures include actions to prevent the generation of extreme heat or pressure, fire, explosions, or violent reactions, uncontrolled toxic fumes or gases, uncontrolled flammable flames or gases, and damage to the structural integrity of facility.
Containment Ill. Adm. Code 724.101(j)(8): The owner or operator may not place any non-containerized or bulk liquid hazardous waste in any salt dome formation, slat bed formation, underground mine, or cave. The owner or operator must keep records that prove compliance with 35 Ill. Adm. Code 724.101(j)(8).
Construction Quality Assurance Program 35 Ill. Adm. Code 724.101(j)(9) and 724.119: The owner or operator must also develop, maintain, and keep records of the construction quality assurance program for any surface impoundments, waste piles, and landfill units.
Closure 35 Ill. Adm. Code 724.210: The owner or operator must submit a written closure plan and contingent closure plan (if applicable). The plan must contain information on how the RAPP unit(s) will be closed, a closure schedule, an estimation of the maximum inventory of hazardous wastes on-site, a description of the steps needed to remove or decontaminate the RAPP unit area, and an estimated closure date, as required under 35 Ill. Adm. Code 724.210(a-e). The closure plan must also contain a cost estimate for the closure of the units proposed in the RAPP application by a third party. Financial assurance in the amount of the closure cost estimate must be provided prior to operating the remediation waste management site.
Post-Closure Care 35 Ill. Adm. Code 724.217: Any remediation waste management unit where wastes remain after closure of the unit is subject to the requirements of 35 Ill. Adm. Code 724.217 through 724.220. The owner or operator must submit a post-closure care plan that describes the procedures that will be followed after completion of closure of the unit and continue for 30 years after that date.
Financial Assurance for Closure and Liability Insurance 35 Ill. Adm. Code 724 Subpart H: Submit proper documents to establish financial assurance for closure and liability insurance of the hazardous remediation waste unit(s).
Public Participation: The following public participation requirements only apply to on-site RAPPs. RAPPs for an off-site location are subject to expanded public notification requirements as outlined in 35 Ill. Adm. Code 703.191 - 703.193, and 35 Ill. Adm. Code 705.
Once the Illinois EPA issues its intent to approve or deny a RAPP application the Illinois EPA will publish a notice of its intention in a local newspaper for publication and circulation, broadcast its intention on a local radio station, and send a notice of its intention to each unit of local government having jurisdiction over the area in which the RAPP will be located, as required by 35 Ill. Adm. Code 703.303.
The notices the Illinois EPA will publish and broadcast for on-site RAPPs will include:
After public notification, there will be a minimum 45-day public comment period. If, within this 45-day period the Illinois EPA receives written notice in opposition to the draft permit or intent to deny, and a public hearing is requested, the Illinois EPA must schedule an informal public hearing. If a hearing is scheduled, notices for the hearing will be made available to the public 45 days before the hearing date. After the comment period, the Illinois EPA will issue the final RAPP, which will become effective 35 days after the date of issuance.
Many owners and operators would like to begin remedial activities as soon as possible. If the Illinois EPA receives comments from the owner or operator, or the general public, requesting changes to the draft permit, the final permit will become effective 35 days after the final permit is issued. However, if no one requests changes to the draft permit, the final permit can become effective on the date it is issued.
The preceding requirements are the minimal public notice requirements that will be performed by the Illinois EPA. There are no public participation requirements for the owner or operator of a site seeking a RAPP.
CAMUs - General
A Corrective Action Management Unit (CAMU) is an area within a facility that is designated by the Illinois EPA for the purpose of hazardous remediation waste treatment, storage, and/or disposal. Under the CAMU regulations, placement of hazardous remediation wastes onto or within the CAMU will not constitute land disposal of hazardous wastes, nor will placement of wastes into the CAMU create a unit subject to minimum technology requirements. Thus, the designation of a CAMU at a facility allows the owner/operator to treat hazardous remediation waste “ex-situ” and then place them in a CAMU. Wastes may be consolidated into a CAMU from areas that are not contiguous.
Requirements for CAMUs
The requirements for CAMUs were established on January 22, 2002 when the U.S. EPA published new CAMU regulations in the Federal Register (67 FR 2962). There are two general categories of CAMUs: temporary and permanent CAMUs. Temporary CAMUs are CAMUs that will operate for no longer than two years. The Illinois EPA can issue one six month operating term extension for temporary CAMUs. Temporary CAMUs must meet the design and operating requirements for staging piles. Basically, a temporary CAMU is a staging pile where treatment may occur. Please see Appendix C of these instructions for the requirements for staging piles. Permanent CAMUs are CAMUs that will operate for longer than 2½ years. In addition to CAMUs where treatment will last longer than 2½ years, permanent CAMUs include CAMUs where waste will be permanently disposed.
This appendix outlines the requirements for permanent CAMUs. Please see Appendix C for the requirements for temporary CAMUs.
Liner Requirements—30 mil FML (60 mil if HDPE is used) and 2 feet of compacted soil with a conductivity of 1x10-7 cm/s. Must have a leachate collection system to maintain less than a 30 cm depth of leachate over the liner. Alternative requirements can be approved on a site specific basis.
Cover Requirements—Same performance based criteria as for landfills. Alternative requirements can be approved on a site specific basis.
If a disposal CAMU receives waste that has constituent concentrations less than remedial levels, no liner, cap, or groundwater monitoring is required.
Treatment Required—Prior to closing a disposal CAMU, waste must be treated to certain levels. The EPA must identify contaminants known as principal hazardous constituents (PHCs).
How to Identify PHCs—PHCs are constituents that EPA determines pose a risk to human health and the environment substantially higher than the cleanup levels at the site.
EPA could designate other constituents as PHCs based on site specific factors (contaminant mobility, site geology, etc.). EPA must consider all constituents that have LDR treatment standards when determining what the PHCs are.
Treatment Standards for PHCs Placed in Disposal CAMUs
EXCEPTION: When treatment of a PHC to a 90% reduction would result in a concentration less than 10 times the Universal Treatment Standard (UTS), treatment to achieve a concentration less than 10 times the UTS is not required.
Adjusted Treatment Standards—EPA may adjust the treatment level or method to a higher or lower level based on several factors, they are:
Treatment must occur prior to, or within a reasonable time after placement into the CAMU. To determine if treatment standards have been met, a subset of the PHCs may be analyzed as analytical surrogates to determine if the treatment standards for other PHCs have been met.
An application for a permanent CAMU must include the RAPP application form along with the following information:
Temporary Units - General
Temporary units include tanks and containers used for treatment or storage of hazardous remediation waste during remedial activities. Temporary units are designed to expedite the remediation process by allowing an owner or operator to place hazardous remediation waste in on-site containment units without the need to acquire a traditional RCRA permit. In establishing alternative requirements to be applied to a temporary unit, the Illinois EPA will adhere to the factors listed in 35 Ill. Adm. Code 724.653(c).
Temporary units are meant for the storage and treatment of remediation wastes generated on-site at a facility. Temporary units must remain within the facility boundaries and must not operate for a time period of more than one year. The Illinois EPA may grant one operating term extension for the temporary unit(s). The Agency may also designate shorter operational time periods for the temporary units if requested by the owner or operator in the application.
Requirements for Temporary Units
An application for temporary units must include the RAPP application form along with the following information:
A staging pile is an accumulation of solid, non-flowing remediation waste that is not a containment building and which is used only during remediation operations for temporary storage at a facility. Staging piles differ from CAMUs in that the hazardous remediation wastes in a staging pile are temporarily placed there for storage purposes only, the wastes are not treated in a staging pile nor are they to remain in the staging pile after closure. Although staging piles are not CAMUs, temporary CAMUs must meet the design and operating requirements for staging piles.
Placing hazardous remediation wastes into a staging pile will not subject the pile to land disposal restrictions or minimum technological requirements. Thus, a staging pile allows a hazardous remediation waste management facility to pile hazardous wastes without the need to obtain a traditional RCRA permit. Stringent design requirements for staging piles do not exist, however, the staging pile must be protective of human health and environment.
Requirements for Staging Piles
It is the owner or operator’s responsibility to submit designs and documents which indicate how a staging pile will facilitate remediation activity, prevent or minimize releases into the environment, and minimize or control cross-media transfers.
Ignitable or reactive wastes (according to the definition in 35 Ill. Adm. Code 721.121 or 721.123) may not be placed in staging piles, unless the owner or operator demonstrates compliance with Section 724.117(b), or the owner or operator demonstrates the wastes are managed in a manner that protects them from exposure to any material or condition that may cause them to ignite or react. Incompatible wastes may not be placed in staging piles unless the owner or operator has complied with Section 724.117(b), and the owner or operator demonstrates that the remediation wastes in a staging pile are separated from nearby incompatible wastes by means of a berm, dike, wall, or other device. An owner or operator may not pile remediation wastes on the same base where incompatible wastes or materials were previously piled.
Staging piles are meant to be temporary. A staging pile may not operate for more than two years unless the Illinois EPA grants an operating term extension in accordance with 35 Ill. Adm. Code 724.654(i) (the maximum time an operating term may be extended is 180 days). Staging pile permits may be issued for operating periods of less than two years if requested in the RAPP application by the owner or operator.
An application for a staging pile must include the RAPP application form along with the following information:
Financial assurance in the amount of the closure cost estimate, as required by
To modify an existing RAPP to include a staging pile, the owner or operator must comply with 35 Ill. Adm. Code 703.304 (a) and (b).
The requirements for container and tank storage units, surface impoundments, waste piles, land treatment units, landfills, miscellaneous units, and containment buildings have not been modified by the RAPP regulations. If any of these units is in a RAPP application, it must comply with the requirements set forth in 35 Ill. Adm. Code 724, in addition to all requirements set forth in this RAPP application. An exception to these requirements is container or tank units used as part of a temporary unit. The requirements for temporary units can be found in 35 Ill. Adm. Code 724.653 and Appendix B of these instructions. It should be noted that incineration is not permissible in a RAPP.
Any RAPP application for a container storage unit or tank storage unit (not as part of a temporary unit), surface impoundment, waste pile, land treatment unit, landfill, miscellaneous unit, or containment building in a RAPP must comply with the applicable unit specific requirements in 35 Ill. Adm. Code Part 724 listed below, and the requirements for all RAPPs in these instructions.
In addition, pursuant to 35 Ill. Adm. Code 724.101(j)(7), if one of these units is located within the 100-year floodplain, it must be designed, constructed, operated, and maintained to prevent washout of any hazardous waste by a 100-year flood, unless the owner or operator can meet the requirements of 35 Ill. Adm. Code 724.118(b). Note: this requirement for units in the 100-year floodplain does not apply to containment buildings.
|Unit||35 Ill. Adm. Code 724:|
|I. Containers||Subpart I|
|II. Tank systems||Subpart J|
|III. Surface Impoundments||Subpart K|
|IV. Waste Piles||Subpart L|
|V. Land Treatment||Subpart M|
|VI. Landfills||Subpart N|
|VII. Miscellaneous Units||Subpart X|
|VIII. Containment Buildings||Subpart DD|
An owner or operator may request a RAPP for remediation waste management activities at a location removed from the area where the remediation wastes originated if the owner or operator believe such a location would be more protective of human health and the environment than the contaminated areas in close proximity. The Illinois EPA will designate a RAPP for an off-site location only if the RAPP application provides sufficient justification to validate such a designation.
A RAPP issued for an off-site area is subject to the expanded public participation requirements in 35 Ill. Adm. Code 703.191through 703.193 as well as the public notice requirements in 35 Ill. Adm. Code 705.163. Because an owner or operator may choose the site to which remediation wastes will be moved with an off-site RAPP, the owner or operator must comply with the seismic location standards of 35 Ill. Code 724.118.