a)
Definition of a RAP.
1) A RAP is a special
form of RCRA permit that an owner or operator may obtain, instead of a permit
issued under 35 Ill. Adm. Code
702 and this Part, to authorize the owner or
operator to treat, store, or dispose of hazardous remediation waste (as defined
in 35 Ill. Adm. Code
720.110) at a remediation waste
management site. A RAP may only be issued for the area of contamination where
the remediation wastes to be managed under the RAP originated, or areas in
close proximity to the contaminated area, except as allowed in limited
circumstances under Section
703.306.
2) The requirements in 35 Ill. Adm. Code
702
and this Part do not apply to RAPs unless those requirements for traditional
RCRA permits are specifically required under this Subpart H. The definitions in
35 Ill. Adm. Code
702.110 apply to RAPs.
3) Notwithstanding any other provision of 35
Ill. Adm. Code
702 or this Part, any document that meets the requirements in
this Section constitutes a RCRA permit, as defined in 35 Ill. Adm. Code
702.110.
4) A RAP may be either of the following:
A) A stand-alone document that includes only
the information and conditions required by this Subpart H; or
B) A part (or parts) of another document that
includes information or conditions for other activities at the remediation
waste management site, in addition to the information and conditions required
by this Subpart H.
5) If
an owner or operator is treating, storing, or disposing of hazardous
remediation wastes as part of a cleanup compelled by authorities issued by
USEPA or the State of Illinois, a RAP does not affect the obligations under
those authorities in any way.
6) If
an owner or operator receives a RAP at a facility operating under interim
status, the RAP does not terminate the facility's interim status.
BOARD NOTE: Subsection (a) is derived from
40 CFR
270.80(2002).
b) When an owner or operator needs a RAP.
1) Whenever an owner or operator treats,
stores, or disposes of hazardous remediation wastes in a manner that requires a
RCRA permit under Section
703.121, an owner or operator
must obtain either of the following:
A) A
RCRA permit according to 35 Ill. Adm. Code
702 and this Part; or
B) A RAP according to this Subpart
H.
2) Treatment units
that use combustion of hazardous remediation wastes at a remediation waste
management site are not eligible for RAPs under this Subpart H.
3) An owner or operator may obtain a RAP for
managing hazardous remediation waste at an already permitted RCRA facility. An
owner or operator must have the RAP approved as a modification to the owner's
or operator's existing permit according to the requirements of Sections
703.270 through
703.273 or Sections
703.280 through
703.283 instead of the
requirements in this Subpart H. However, when an owner or operator submits an
application for such a modification, the information requirements in Sections
703.281(a)(1),
703.282(a)(4),
and
703.283(a)(4)
do not apply. Instead, an owner or operator must submit the information
required under Section
703.302(d).
When the owner's or operator's RCRA permit is modified, the RAP becomes part of
the RCRA permit. Therefore, when the owner's or operator's RCRA permit
(including the RAP portion) is modified or reissued, or terminated, or when it
expires, the permit will be modified, according to the applicable requirements
in Sections
703.270 through
703.273 or
703.280 through
703.283, it will be reissued,
according to the applicable requirements in 35 Ill. Adm. Code
702.186 and Sections
703.270 through
703.273, or it will be
terminated, according to the applicable requirements in 35 Ill. Adm. Code
702.186, or the permit will
expire, according to the applicable requirements in 35 Ill. Adm. Code
702.125 and
702.161.
BOARD NOTE: Subsection (b) is derived from
40 CFR
270.85(2002).
c) The provisions of 35 Ill. Adm. Code
702.181 apply to RAPs.
BOARD NOTE: Subsection (c) is derived from
40
CFR 270.90(2002). The
corresponding federal provision includes an explanation that
40 CFR 270.4
provides that compliance with a permit constitutes compliance with RCRA. This
is contrary to Illinois law, under which compliance with a permit does not
constitute an absolute defense to a charge of violation of a substantive
standard other than a failure to operate in accordance with the terms of a
permit. See 35 Ill. Adm. Code
702.181(a) and
accompanying Board Note.
