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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.
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:
- The address of the Illinois EPA office processing the application.
- The name and address of the RAPP applicant.
- A description of the activity the RAPP will regulate.
- The name, address, and phone number of a person, at the Illinois EPA, from
whom the public may obtain further information.
- 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.
- 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.
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:
- Technical impracticability
- Levels or methods discussed above would result in concentrations of PHCs
significantly above or below cleanup levels.
- Views of the affected local community.
- Short term risk presented by on-site treatment method necessary to meet
the treatment levels.
- Long term protection offered by the engineering design of the CAMU and
related engineering control
- where the treatment standards are substantially met and the PHCs are of
very low mobility; or
- where cost effective treatment has been used, and the CAMU meets the
liner and leachate collection requirements for new hazardous waste
landfills; or
- when cost effective treatment is not readily available and the CAMU meets
the liner and leachate collection requirements for new hazardous waste
landfills; or
- when cost effective treatment has been used, and the PHCs are of very low
mobility; or
- 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:
- Maps and plans showing the design, location, aerial extent, and special
features of the CAMU.
- A description of the physical and chemical characteristics of the waste
to be placed in the CAMU.
- Plans, maps, or some other evidence that the CAMU area will be contained
so as to minimize releases.
- 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.
- Documents and maps describing the potential for exposure of human and
environmental receptors if releases were to occur from the CAMU.
- 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.
- 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
.
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 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).
- A document describing the chemical and physical characteristics of the wastes
to be managed in the units.
- 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.
- Documents and maps describing the potential for exposure to human and
environmental receptors if releases were to occur from the unit.
- 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.
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:
- Plans showing the location, all features, and aspects of the
staging pile(s).
- Certification by an independent, qualified, Illinois registered
professional engineer that the staging pile will be protective of
human health and the environment.
- 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.
- 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.
- 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).
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 703.191 through
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.
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