Instructions for the Application of a RCRA Remedial Action Plan Permit (RAPP)

General Information

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.

RAPP Application Information

I. Location Information

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.

II. Characterization and Analysis of Remediation Wastes

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.

III. Unit Specific Information

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.

  • CAMU - Appendix A
  • Temporary unit - Appendix B
  • Staging pile - Appendix C
  • Container, Tank, Miscellaneous Unit, Landfill - Appendix D
  • Off-site RAPP - Appendix E

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.

IV. Type of Submission

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:

  1. The address of the Illinois EPA office processing the application.
  2. The name and address of the RAPP applicant.
  3. A description of the activity the RAPP will regulate.
  4. The name, address, and phone number of a person, at the Illinois EPA, from whom the public may obtain further information.
  5. A brief description of comment procedures, hearing time, place, and date, if a hearing has been scheduled by the Illinois EPA or, a statement describing the procedures to request a hearing.
  6. The location of the administrative record and the times the administrative record may be reviewed by the public.

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.

Appendix A: Corrective Action Management Unit (CAMU) Information and Requirements (35 Ill. Adm. Code 724, Subpart S)

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.

  • Carcinogens that pose a direct risk from ingestion or inhalation at the site at or above 10-3.
  • Non-carcinogens that pose a risk from ingestion or inhalation an order of magnitude or greater over the reference dose.

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

  • Non-metals—treated to achieve 90 percent reduction in total PHC concentrations, except as described later.
  • Metals—treated to achieve 90% reduction in PHC concentration as measured by the TCLP test, or 90% reduction as measured total metal concentration (when a metal removal treatment method has been used), except as described later. EPA can approve a test other than TCLP, if the other test would be more representative of conditions expected in the CAMU.

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.

  • Wastes exhibiting the characteristics of ignitability, corrosivity, or reactivity must be treated to remove the characteristics.
  • Debris must be treated in accordance with 728.145, or by the 90% reduction criteria for metals and non-metals.

Adjusted Treatment Standards—EPA may adjust the treatment level or method to a higher or lower level based on several factors, they are:

  1. Technical impracticability
  2. Levels or methods discussed above would result in concentrations of PHCs significantly above or below cleanup levels.
  3. Views of the affected local community.
  4. Short term risk presented by on-site treatment method necessary to meet the treatment levels.
  5. Long term protection offered by the engineering design of the CAMU and related engineering control
    1. where the treatment standards are substantially met and the PHCs are of very low mobility; or
    2. where cost effective treatment has been used, and the CAMU meets the liner and leachate collection requirements for new hazardous waste landfills; or
    3. when cost effective treatment is not readily available and the CAMU meets the liner and leachate collection requirements for new hazardous waste landfills; or
    4. when cost effective treatment has been used, and the PHCs are of very low mobility; or
    5. when cost effective treatment is not readily available, the PHCs are of very low mobility, and the CAMU meets the liner and leachate collection requirements for new CAMUs or provides substantially equivalent protection.

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:

  1. Maps and plans showing the design, location, aerial extent, and special features of the CAMU.
  2. A description of the physical and chemical characteristics of the waste to be placed in the CAMU.
  3. Plans, maps, or some other evidence that the CAMU area will be contained so as to minimize releases.
  4. A site map showing all hydrogeological and other environmental features of the site, all features that may influence migration of potential or actual releases shall be highlighted.
  5. Documents and maps describing the potential for exposure of human and environmental receptors if releases were to occur from the CAMU.
  6. A closure plan containing the following:
    • A method for excavating, removing, and treating remediation wastes.
    • An estimate of the volume of waste to be left in place at the CAMU after closure, if any. If wastes are left in place after closure, the RAP must contain a plan for capping areas with waste left in place, maintaining the final cap, and a plan to control run-on and run-off from areas with wastes left in place. The closure plan must control, minimize, or eliminate, post-closure releases.
    • A plan for decontamination of equipment, devices and structures used in the remediation waste management activities.
    • A closure cost estimate and a demonstration the owner or operator has financial assurance for the closure of the CAMU. The closure cost estimate shall include costs for all items contained within the closure plan. The cost estimate must be based on hiring a third party to close the CAMU.
  7. If wastes are to be left in place in a CAMU, a plan for the post-closure care of the CAMU must be provided. A post-closure care plan must be able to monitor and maintain the CAMU as a landfill as required by 35 Ill. Adm. Code 724, Subpart N. In addition, a cost estimate and financial assurance must be provided for the post-closure care costs associated with closing a CAMU with waste left in place.

Appendix B: Temporary Unit (TU) Information and Requirements (35 Ill. Adm. Code 724, Subparts)

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:

  1. A document describing the type of unit(s), the amount of time the unit(s) will be in operation, and the volumes of the waste to be managed in the unit(s).
  2. A document describing the chemical and physical characteristics of the wastes to be managed in the units.
  3. A site map showing all hydrogeological and other environmental features of the site, features that may influence migration of any potential or actual releases must be highlighted.
  4. Documents and maps describing the potential for exposure to human and environmental receptors if releases were to occur from the unit.
  5. A closure plan demonstrating financial assurance that the owner or operator will be able to remove and dispose wastes from the temporary units and decontaminate the area.

Appendix C: Staging Pile Information and Requirements

General
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:

  1. Plans showing the location, all features, and aspects of the staging pile(s).
  2. Certification by an independent, qualified, Illinois registered professional engineer that the staging pile will be protective of human health and the environment.
  3. A document stating the amount of time the pile will be in operation, the volume of waste to be stored in the pile, and the physical and chemical characteristics of the wastes to be stored in the pile.
  4. A site map showing all hydrogeological and other environmental features of the site. Any features that may influence migration of any potential or actual releases shall be highlighted.
  5. A closure plan that includes the following:
    • A demonstration of compliance with 35 Ill. Adm. Code 724.654(j) and (k), if applicable. At a minimum, the closure plan must demonstrate that the following items will be removed or decontaminated: remediation waste, contaminated containment system components, and structures and equipment contaminated with waste and leachate. Soils under the staging pile must also be removed or decontaminated if necessary.
    • A cost estimate for closure of the staging pile(s). The cost estimate must include costs for all activities associated with the closure of the staging pile.

Financial assurance in the amount of the closure cost estimate, as required by

35 Ill. Adm. Code 724, Subpart G

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).

Appendix D: Container and Tank Storage, Surface Impoundment, Waste Pile, Land Treatment, Landfill, Miscellaneous Unit, and Containment Building Requirements

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.

Unit35 Ill. Adm. Code 724:
I. ContainersSubpart I
II. Tank systemsSubpart J
III. Surface ImpoundmentsSubpart K
IV. Waste PilesSubpart L
V. Land TreatmentSubpart M
VI. LandfillsSubpart N
VII. Miscellaneous UnitsSubpart X
VIII. Containment BuildingsSubpart DD

Appendix E: Off-site RAPPs (35 Ill. Adm. Code 703.306)

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.

An off-site RAPP remains exempt from facility-wide corrective action requirements under 35 Ill. Adm. Code 724.201, and the application requirements in 35 Ill. Adm. Code 724.Subparts B, C, and D.