Section 705.304  Modifying a RCRA Standardized Permit

a)         Permissible Types of Changes an Owner or Operator May Make to its RCRA Standardized Permit.  A facility owner or operator may make a routine change, a routine change with prior Agency approval, or a significant change.  For the purposes of this subsection (a), the following definitions apply:

"Routine change" is any change to the RCRA standardized permit that qualifies as a Class 1 permit modification (without prior Agency approval) pursuant to Appendix A to 35 Ill. Adm. Code 703.

"Routine change with prior Agency approval" is a change to the RCRA standardized permit that would qualify as a Class 1 modification with prior agency approval, or a Class 2 permit modification pursuant to Appendix A to 35 Ill. Adm. Code 703.

"Significant change" is any change to the RCRA standardized permit that falls into one of the following categories:

It qualifies as a Class 3 permit modification pursuant to Appendix A to 35 Ill. Adm. Code 703;

It is not explicitly identified in Appendix A to 35 Ill. Adm. Code 703; or

It amends any terms or conditions in the supplemental portion of the RCRA standardized permit.

BOARD NOTE:  Subsection (a) is derived from 40 CFR 124.211 (2017).

b)         Procedures to Make Routine Changes

1)         An owner or operator can make routine changes to the RCRA standardized permit without obtaining approval from the Agency.  However, the owner or operator must first determine whether the routine change it will make amends the information it submitted to the Agency pursuant to 35 Ill. Adm. Code 703.351(b) with its Notice of Intent to operate under the RCRA standardized permit.

2)         If the routine changes that the owner or operator makes amend the information it submitted pursuant to 35 Ill. Adm. Code 703.351(b) with its Notice of Intent to operate under the RCRA standardized permit, then before the owner or operator makes the routine changes it must do both of the following:

A)        It must submit to the Agency the revised information pursuant to 35 Ill. Adm. Code 703.351(b)(1); and

B)        It must provide notice of the changes to the facility mailing list and to State and local governments in accordance with the procedures in Section 705.163(a)(4) and (a)(5).

BOARD NOTE:  Subsection (b) is derived from 40 CFR 124.212 (2017).

c)         Procedures for Routine Changes with Prior Agency Approval

1)         Routine changes to the RCRA standardized permit may only be made with the prior written approval of the Agency.

2)         The owner or operator must also follow the procedures in subsections (b)(2)(A) and (b)(2)(B).

BOARD NOTE:  Subsection (c) is derived from 40 CFR 124.213 (2017).

d)         Procedures the Owner or Operator Must Follow to Make Significant Changes

1)         The owner or operator must first provide notice of and conduct a public meeting.

A)        Public meeting.  The owner or operator must hold a meeting with the public to solicit questions from the community and inform the community of its proposed modifications to its hazardous waste management activities.  The owner or operator must post a sign-in sheet or otherwise provide a voluntary opportunity for people attending the meeting to provide their names and addresses.

B)        Public notice.  At least 30 days before the owner or operator plans to hold the meeting, it must issue a public notice in accordance with 35 Ill. Adm. Code 703.191(d).

2)         After holding the public meeting, the owner or operator must submit a modification request to the Agency that provides the following information:

A)        It must describe the exact changes that the owner or operator wants and whether the changes are to information that the owner or operator provided pursuant to 35 Ill. Adm. Code 703.351(b) or to terms and conditions in the supplemental portion of its RCRA standardized permit;

B)        It must explain why the modification is needed; and

C)        It must include a summary of the public meeting held pursuant to subsection (d)(1), along with the list of attendees and their addresses and copies of any written comments or materials they submitted at the meeting.

3)         Once the Agency receives an owner's or operator's modification request, it must make a tentative determination within 120 days to approve or disapprove the request.  The Agency is allowed a one time extension of 30 days to prepare the draft permit decision.  When the use of the 30-day extension is anticipated, the Agency should inform the permit applicant during the initial 120-day review period.

4)         After the Agency makes its tentative determination, the procedures in Sections 705.302(b) and 705.303 for processing an initial request for coverage under the RCRA standardized permit apply to making the final determination on the modification request.

BOARD NOTE:  Subsection (d) is derived from 40 CFR 124.214 (2017).

(Source:  Amended at 42 Ill. Reg. 21179, effective November 19, 2018)