Section 703.151  Application by New HWM Facilities

a)         Except as provided in subsection (c), no person may begin physical construction of a new HWM facility without having submitted Part A and Part B of the permit application and having received a finally effective RCRA permit;

b)         An application for a permit for a new HWM facility (including both Part A and Part B) may be filed at any time after promulgation of standards in 35 Ill. Adm. Code 724 applicable to any TSD unit in the facility. Except as provided in subsection (c), all applications must be submitted to the Agency at least 180 days before physical construction is expected to commence;

c)         Notwithstanding subsection (a), a person may construct a facility for the incineration of polychlorinated biphenyls pursuant to an approval issued by the Administrator of USEPA under Section (6)(e) of the federal Toxic Substances Control Act (42 USC 9601 et seq.) and any person owning or operating such a facility may, at any time after construction or operation of such facility has begun, file an application for a RCRA permit to incinerate hazardous waste authorizing such facility to incinerate waste identified or listed under 35 Ill. Adm. Code 721.

d)         Such persons may continue physical construction of the HWM facility after the effective date of the standards applicable to it if the person submits Part B of the permit application on or before the effective date of such standards (or on some later date specified by the Agency).  Such person must not operate the HWM facility without having received a finally effective RCRA permit.

BOARD NOTE:  Derived from 40 CFR 270.10(f) (2017).

(Source:  Amended at 42 Ill. Reg. 20993, effective November 19, 2018)