Section 738.123  Review of Adjusted Standards

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).

(Source:  Amended at 42 Ill. Reg. 25244, effective November 19, 2018)