il-v50i40-35-ill-adm-code-703: 35 Ill. Adm. Code 703 — RCRA Permit Program

1) Heading of the Part: RCRA Permit Program 2) Code Citation: 35 Ill. Adm. Code 703 3) Section Numbers: Adopted Actions: 703.123 Amendment 703.204 Amendment 703.246 Amendment 4) Statutory Authority: Implementing Sections 7.2, 22.4, and 22.23e and authorized by Section 27 of the Environmental Protection Act [415 ILCS 5/7.2, 22.4, 22.23e, and 27]. 5) Effective Date of Rule: September 17, 2026 6) Does this rulemaking contain an automatic repeal date? No 7) Does this rulemaking contain incorporations by reference? No 8) Statement of Availability: The adopted amendments are available on the Board's website (https://pcb.illinois.gov/) and is also on file and available for public inspection in the Board's Chicago office, 60 E. Van Buren, Suite 630, Chicago, IL 60605. 9) Notice of Proposal Published in Illinois Register: 50 Ill. Reg. 6054, May 8, 2026 10) Has JCAR issued a Statement of Objections to this rulemaking? Section 22.4(a) of the Environmental Protection Act [415 ILCS 5/22.4(a)] provides that Section 5-35 of the Administrative Procedure Act [5 ILCS 100/5-35] does not apply to this rulemaking. Because this rulemaking is not subject to Section 5-35 of the APA, it is not subject to First Notice or to Second Notice review by the Joint Committee on Administrative Rules (JCAR). 11) Differences between proposal and final version: 703.123(j), change "Section" to "35 Ill. Adm. Code" 703.123(k), change "Section" to "35 Ill. Adm. Code", change "subpart" to "Subpart" 703.246 (b)(1) and (2), change "See" to "see" POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS 12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the agreements letter issued by JCAR? Section 22.4(a) of the Environmental Protection Act [415 ILCS 5/22.4(a)] provides that Section 5-35 of the Administrative Procedure Act [5 ILCS 100/5-35] does not apply to this rulemaking. Because this rulemaking is not subject to Section 5-35 of the APA, it is not subject to First Notice or to Second Notice review by JCAR. But the Board did adopt changes requested by JCAR in public comment. 13) Will this rulemaking replace an emergency rule currently in effect? No 14) Are there any other rulemakings pending on this Part? No 15) Summary and Purpose of Rulemaking: The adopted amendments include United States Environmental Protection Agency (USEPA) updates to Subtitle C of the Resource Conservation and Recovery Act (RCRA) and additional, limited non-substantive corrections identified by the Board. The following federal updates were included in the amendments. July 26, 2024 (89 Fed. Reg. 60692): The USEPA finalized amendments to the hazardous waste manifest regulations, and the hazardous waste electronic manifest (e-Manifest) regulations under the Resource Conservation and Recovery Act (RCRA) to increase utility of the e-Manifest system in delivering benefits to reduce administrative burden and improve tracking of hazardous waste shipments, and to various related regulations. October 11, 2024 (89 Fed. Reg. 82682): USEPA established alternative RCRA standards for certain ignitable spent refrigerants being recycled for reuse. October 31, 2024 (89 Fed. Reg. 86758): USEPA made four minor corrections to the final rule that appeared in the Federal Register on July 26, 2024. December 11,2024 (89 Fed. Reg. 99727): The USEPA withdrew five amendments from its December 6, 2023, final rule revisions to the 2016 Hazardous Waste Generator Improvements Rule, the 2019 Hazardous Waste Pharmaceuticals Rule and the 2018 Vacatur of the Definition of Solid Waste Rule (88 FR 54086). 16) Information and questions regarding this adopted rulemaking shall be directed to: Please reference docket R25-12 and direct inquiries to the following person: Don A. Brown, Clerk Illinois Pollution Control Board 60 E Van Buren St., Suite 630 Chicago, IL 60605 312-814-3620 don.brown@illinois.gov Request copies of the Board's opinion and order at 312-814-3620 or download a copy from the Board's Website at https://pcb.illinois.gov/. Please refer to docket number R25- 12 in your request. The full text of the Adopted Amendments begins on the next page: POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER b: PERMITS PART 703 RCRA PERMIT PROGRAM SUBPART A: GENERAL PROVISIONS Section 703.100 Scope and Relation to Other Parts 703.101 Purpose 703.102 Electronic Reporting 703.110 References SUBPART B: PROHIBITIONS Section 703.120 Prohibitions in General 703.121 RCRA Permits 703.122 Specific Inclusions in Permit Program 703.123 Specific Exclusions and Exemptions from Permit Program 703.124 Discharges of Hazardous Waste 703.125 Reapplying for a Permit 703.126 Initial Applications 703.127 Federal Permits (Repealed) SUBPART C: AUTHORIZATION BY RULE AND INTERIM STATUS Section 703.140 Purpose and Scope 703.141 Permits by Rule 703.150 Application by Existing HWM Facilities and Interim Status Qualifications 703.151 Application by New HWM Facilities 703.152 Amended Part A Application 703.153 Qualifying for Interim Status 703.154 Prohibitions During Interim Status 703.155 Changes During Interim Status POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS 703.156 Interim Status Standards 703.157 Grounds for Termination of Interim Status 703.158 Permits for Less Than an Entire Facility 703.159 Closure by Removal 703.160 Procedures for Closure Determination 703.161 Enforceable Document for Post-Closure Care SUBPART D: APPLICATIONS Section 703.180 Applications in General 703.181 Contents of Part A 703.182 Contents of Part B 703.183 General Information 703.184 Facility Location Information 703.185 Groundwater Protection Information 703.186 Exposure Information 703.187 Solid Waste Management Units 703.188 Other Information 703.189 Additional Information Required to Assure Compliance with MACT Standards 703.191 Public Participation: Pre-Application Public Notice and Meeting 703.192 Public Participation: Public Notice of Application 703.193 Public Participation: Information Repository 703.200 Specific Part B Application Information 703.201 Containers 703.202 Tank Systems 703.203 Surface Impoundments 703.204 Waste Piles 703.205 Incinerators that Burn Hazardous Waste 703.206 Land Treatment 703.207 Landfills 703.208 Boilers and Industrial Furnaces Burning Hazardous Waste 703.209 Miscellaneous Units 703.210 Process Vents 703.211 Equipment 703.212 Drip Pads 703.213 Air Emission Controls for Tanks, Surface Impoundments, and Containers 703.214 Post-Closure Care Permits POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS SUBPART E: SPECIAL FORMS OF PERMITS Section 703.220 Emergency Permits 703.221 Alternative Compliance with the Federal NESHAPS 703.222 Incinerator Conditions Prior to Trial Burn 703.223 Incinerator Conditions During Trial Burn 703.224 Incinerator Conditions After Trial Burn 703.225 Trial Burns for Existing Incinerators 703.230 Land Treatment Demonstration 703.231 Research, Development and Demonstration Permits 703.232 Permits for Boilers and Industrial Furnaces Burning Hazardous Waste 703.234 Remedial Action Plans 703.238 RCRA Standardized Permits for Storage and Treatment Units SUBPART F: PERMIT CONDITIONS OR DENIAL Section 703.240 Permit Denial 703.241 Establishing Permit Conditions 703.242 Noncompliance Pursuant to Emergency Permit 703.243 Monitoring 703.244 Notice of Planned Changes (Repealed) 703.245 Twenty-four Hour Reporting 703.246 Reporting Requirements 703.247 Anticipated Noncompliance 703.248 Information Repository SUBPART G: CHANGES TO PERMITS Section 703.260 Transfer 703.270 Modification or Reissuance 703.271 Causes for Modification 703.272 Causes for Modification or Reissuance 703.273 Facility Siting 703.280 Permit Modification at the Request of the Permittee 703.281 Class 1 Modifications 703.282 Class 2 Modifications POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS 703.283 Class 3 Modifications SUBPART H: REMEDIAL ACTION PLANS Section 703.300 Special Regulatory Format 703.301 General Information 703.302 Applying for a RAP 703.303 Getting a RAP Approved 703.304 How a RAP May Be Modified, Reissued, or Terminated 703.305 Operating Under A RAP 703.306 Obtaining a RAP for an Off-Site Location SUBPART I: INTEGRATION WITH MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) STANDARDS Section 703.320 Options for Incinerators and Cement and Lightweight Aggregate Kilns to Minimize Emissions from Startup, Shutdown, and Malfunction Events SUBPART J: RCRA STANDARDIZED PERMITS FOR STORAGE AND TREATMENT UNITS Section 703.350 General Information About RCRA Standardized Permits 703.351 Applying for a RCRA Standardized Permit 703.352 Information That Must Be Kept at the Facility 703.353 Modifying a RCRA Standardized Permit 703.APPENDIX A Classification of Permit Modifications AUTHORITY: Implementing Sections 7.2, 22.4, and 22.23e and authorized by Section 27 of the Environmental Protection Act [415 ILCS 5/7.2, 22.4, 22.23e, and 27]. SOURCE: Adopted in R82-19 at 7 Ill. Reg. 14289, effective October 12, 1983; amended in R83-24 at 8 Ill. Reg. 206, effective December 27, 1983; amended in R84-9 at 9 Ill. Reg. 11899, effective July 24, 1985; amended in R85-22 at 10 Ill. Reg. 1110, effective January 2, 1986; amended in R85-23 at 10 Ill. Reg. 13284, effective July 28, 1986; amended in R86-1 at 10 Ill. Reg. 14093, effective August 12, 1986; amended in R86-19 at 10 Ill. Reg. 20702, effective December 2, 1986; amended in R86-28 at 11 Ill. Reg. 6121, effective March 24, 1987; amended in R86-46 at 11 Ill. Reg. 13543, effective August 4, 1987; amended in R87-5 at 11 Ill. Reg. 19383, effective November 12, 1987; amended in R87-26 at 12 Ill. Reg. 2584, effective January 15, 1988; amended in R87-39 at 12 Ill. Reg. 13069, effective July 29, 1988; amended in R88-16 at 13 Ill. Reg. 447, effective December 27, 1988; amended in R89-1 at 13 Ill. Reg. 18477, effective November 13, 1989; amended in R89-9 at 14 Ill. Reg. 6278, effective April 16, 1990; amended in R90-2 at 14 Ill. Reg. 14492, effective August 22, 1990; amended in R90-11 at 15 Ill. Reg. 9616, effective June 17, 1991; amended in R91-1 at 15 Ill. Reg. 14554, effective September 30, 1991; amended in R91-13 at 16 Ill. Reg. 9767, effective June 9, 1992; amended in R92-10 at 17 Ill. Reg. 5774, effective March 26, 1993; amended in R93-4 at 17 Ill. Reg. 20794, effective November 22, 1993; amended in R93-16 at 18 Ill. Reg. 6898, effective April 26, 1994; amended in R94-7 at 18 Ill. Reg. 12392, effective July 29, 1994; amended in R94-5 at 18 Ill. Reg. 18316, effective December 20, 1994; amended in R95-6 at 19 Ill. Reg. 9920, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 11225, effective August 1, 1996; amended in R96-10/R97- 3/R97-5 at 22 Ill. Reg. 553, effective December 16, 1997; amended in R98-12 at 22 Ill. Reg. 7632, effective April 15, 1998; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17930, effective September 28, 1998; amended in R98-21/R99-2/R99-7 at 23 Ill. Reg. 2153, effective January 19, 1999; amended in R99-15 at 23 Ill. Reg. 9381, effective July 26, 1999; amended in R00-13 at 24 Ill. Reg. 9765, effective June 20, 2000; amended in R01-21/R01-23 at 25 Ill. Reg. 9313, effective July 9, 2001; amended in R02-1/R02-12/R02-17 at 26 Ill. Reg. 6539, effective April 22, 2002; amended in R03-7 at 27 Ill. Reg. 3496, effective February 14, 2003; amended in R03-18 at 27 Ill. Reg. 12683, effective July 17, 2003; amended in R05-8 at 29 Ill. Reg. 5966, effective April 13, 2005; amended in R06-5/R06-6/R06-7 at 30 Ill. Reg. 2845, effective February 23, 2006; amended in R06-16/R06-17/R06-18 at 31 Ill. Reg. 487, effective December 20, 2006; amended in R07-5/R07-14 at 32 Ill. Reg. 11672, effective July 14, 2008; amended in R09-16/R10-4 at 34 Ill. Reg. 18505, effective November 12, 2010; amended in R13-15 at 37 Ill. Reg. 17659, effective October 24, 2013; amended in R16-7 at 40 Ill. Reg. 11271, effective August 9, 2016; amended in R17-14/R17-15/R18-12/R18-31 at 42 Ill. Reg. 20993, effective November 19, 2018; amended in R19-11 at 43 Ill. Reg. 5777, effective May 2, 2019; amended in R20-8/R20-16 at 44 Ill. Reg. 15055, effective September 3, 2020; amended in R25-22 at 49 Ill. Reg. 11329, effective August 27, 2025; amended in R25-12 at 50 Ill. Reg. 14594, effective September 17, 2026. SUBPART B: PROHIBITIONS Section 703.123 Specific Exclusions and Exemptions from Permit Program The following persons are not required to obtain a RCRA permit: a) A generator that accumulates hazardous waste on site in compliance with all of POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS the conditions for exemption provided in 35 Ill. Adm. Code 722.114 through 722.117; b) A farmer that disposes of hazardous waste pesticides from the farmer's own use, as provided in 35 Ill. Adm. Code 722.170; c) A person that owns or operates a facility solely for the treatment, storage, or disposal of hazardous waste excluded from regulations under this Part by 35 Ill. Adm. Code 721.104 or 722.114 (VSQG exemption); d) An owner or operator of a totally enclosed treatment facility, as defined in 35 Ill. Adm. Code 720.110; e) An owner or operator of an elementary neutralization unit or wastewater treatment unit, as defined in 35 Ill. Adm. Code 720.110; f) A transporter that stores manifested shipments of hazardous waste in containers that meet the requirements of 35 Ill. Adm. Code 722.130 at a transfer facility for a period of ten days or less; g) A person that adds absorbent material to waste in a container (as defined in 35 Ill. Adm. Code 720.110) or a person that adds waste to absorbent material in a container, provided that these actions occur at the time waste is first placed in the container; and 35 Ill. Adm. Code 724.117(b), 724.271, and 724.272 are complied with; and h) A universal waste handler or universal waste transporter (as defined in 35 Ill. Adm. Code 720.110) that manages the wastes listed in subsections (h)(1) through (h)(6). Such a handler or transporter is subject to regulation under 35 Ill. Adm. Code 733. 1) Batteries, as described in 35 Ill. Adm. Code 733.102; 2) Pesticides, as described in 35 Ill. Adm. Code 733.103; 3) Mercury-containing equipment, as described in 35 Ill. Adm. Code 733.104; 4) Lamps, as described in 35 Ill. Adm. Code 733.105; 5) Aerosol cans, as described in 35 Ill. Adm. Code 733.106; and 6) Paint and paint-related wastes, as described in 35 Ill. Adm. Code 733.107. i) This subsection (i) corresponds with 40 CFR 270.1(c)(2)(ix), which applies only to a facility outside Illinois. This statement maintains structural consistency with the corresponding USEPA rule. j) Reverse Distributors Accumulating Potentially Creditable Hazardous Waste Pharmaceuticals and Evaluated Hazardous Waste Pharmaceuticals, as defined in 35 Ill. Adm. CodeSection 726.600. Reverse distributors are subject to regulation under Subpart P of 35 Ill. Adm. Code 726 for the accumulation of potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals. k) Recyclers of ignitable spent refrigerants subject to regulation under 35 Ill. Adm. Code 726 Subpart Q. BOARD NOTE: Derived from 40 CFR 270.1(c)(2). (Source: Amended at 50 Ill. Reg. 14594, effective September 17, 2026) SUBPART D: APPLICATIONS Section 703.204 Waste Piles For a facility that stores or treats hazardous waste in waste piles, except as otherwise provided in 35 Ill. Adm. Code 724.101, the Part B application must include the following: a) A list of hazardous wastes placed or to be placed in each waste pile; b) If an exemption is sought to 35 Ill. Adm. Code 724.351 and Subpart F of 35 Ill. Adm. Code 724, as provided by 35 Ill. Adm. Code 724.350(c) or 724.190(b)(2), an explanation of how the requirements of 35 Ill. Adm. Code 724.350(c) will be complied with or detailed plans and an engineering report describing how the requirements of 35 Ill. Adm. Code 724.190(b)(2) will be met; c) Detailed plans and an engineering report describing how the pile is designed and POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS is or will be constructed, operated and maintained to meet the requirements of 35 Ill. Adm. Code 724.119, 724.351, 724.352, and 724.353, addressing the following items: 1) Liner, leak detection, and removal system. A) The liner system (except for an existing portion of a waste pile), if the waste pile must meet the requirements of 35 Ill. Adm. Code 724.351(a). If an exemption from the requirement for a liner is sought, as provided by 35 Ill. Adm. Code 724.351(b), the owner or operator must submit a copy of the Board order granting an adjusted standard pursuant to 35 Ill. Adm. Code 724.351 (b); B) The double liner and leak (leachate) detection, collection and removal system, if the waste pile must meet the requirements of 35 Ill. Adm. Code 724.351(c). If an exemption from the requirements for double liners and a leak detection, collection, and removal system or alternative design is sought as provided by 35 Ill. Adm. Code 724.351(d), (e), or (f), submit appropriate information; C) If the leak detection system is located in a saturated zone, submit detailed plans and an engineering report explaining the leak detection system design and operation, and the location of the saturated zone in relation to the leak detection system; D) The CQA plan, if required under 35 Ill. Adm. Code 724.119; E) Proposed action leakage rate, with rationale, if required under 35 Ill. Adm. Code 724.352, and response action plan, if required under 35 Ill. Adm. Code 724.353; 2) Control of run-on; 3) Control of run-off; 4) Management of collection and holding units associated with run-on and run-off control systems; and 5) Control of wind dispersal of particulate matter, where applicable; POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS d) A description of how each waste pile, including the double liner system, leachate collection and removal system, leak detection system, cover system, and appurtenances for control of run-on and run-off, will be inspected in order to meet the requirements of 35 Ill. Adm. Code 724.354(a), (b), and (c). This information must be included in the inspection plan submitted under Section 703.183(e); e) If the treatment is carried out on or in the pile, details about the process and equipment used, and the nature and quality of the residuals; f) If ignitable or reactive wastes are to be placed in a waste pile, an explanation of how the the applicant will comply with requirements of 35 Ill. Adm. Code 724.356; g) If incompatible wastes, or incompatible wastes and materials, will be placed in a waste pile, an explanation of how the applicant will comply with 35 Ill. Adm. Code 724.357; h) A description of how hazardous waste residues and contaminated materials will be removed from the waste pile at closure, as required under 35 Ill. Adm. Code 724.358(a). For any waste not to be removed from the waste pile upon closure, the owner or operator must submit detailed plans and an engineering report describing how the applicant will comply with 35 Ill. Adm. Code 724.410(a) and (b). This information must be included in the closure plan and, where applicable, the post-closure plan submitted under Section 703.183(m); and i) A waste management plan for hazardous waste numbers F020, F021, F022, F023, F026, and F027 describing how the surface impoundment is or will be designed, constructed, operated, and maintained to meet the requirements of 35 Ill. Adm. Code 724.359. This submission must address the following items as specified in that Section: 1) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere; 2) The attenuative properties of underlying and surrounding soils or other materials; 3) The mobilizing properties of other materials co-disposed with these wastes; and 4) The effectiveness of additional treatment, design, or monitoring techniques. BOARD NOTE: Derived from 40 CFR 270.18 (2005). (Source: Amended at 50 Ill. Reg. 14594, effective September 17, 2026) SUBPART F: PERMIT CONDITIONS OR DENIAL Section 703.246 Reporting Requirements The following reports required by 35 Ill. Adm. Code 724 must be submitted in addition to those required by 35 Ill. Adm. Code 702.152 (reporting requirements): a) Manifest discrepancy report: if a significant discrepancy in a manifest is discovered, the permittee must: 1) Attemptattempt to reconcile the discrepancy. If not resolved within 2015 days, the permittee must submit a letter report including a copy of the manifest to the Agency (see 35 Ill. Adm. Code 724.172). 2) Beginning on December 1, 2025, attempt to reconcile the discrepancy. If not resolved within 20 days, the permittee must immediately submit a Discrepancy Report to the USEPA e-manifest System describing the discrepancy and attempts to reconcile it, and a copy of the manifest or shipping paper at issue. b) Unmanifested waste report. A permittee must: if hazardous waste is received without an accompanying manifest, the permittee must 1) Submit the Unmanifested Waste Reportsubmit an unmanifested waste report to the Agency within 15 days of receipt of unmanifested waste. (see 35 Ill. Adm. Code 724.176). 2) Beginning on December 1, 2025, submit an electronic Unmanifested Waste Report in the USEPA e-Manifest system for submission to the POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS USEPA within 15 days of receipt of unmanifested waste (see 35 Ill. Adm. Code 724.176). c) Facility activities report: a facility activities report must be submitted covering facility activities as described in 35 Ill. Adm. Code 724.175. BOARD NOTE: Derived from 40 CFR 270.30(l)(7) through (l)(9)(2005) . (Source: Amended at 50 Ill. Reg. 14594, effective September 17, 2026)