Section 703.302  Applying for a RAP

a)         Applying for a RAP.  To apply for a RAP, an owner or operator must complete an application, sign it, and submit it to the Agency according to the requirements in this Subpart H.

BOARD NOTE:  Subsection (a) is derived from 40 CFR 270.95 (2012).

b)         The person who must obtain a RAP.  When a facility or remediation waste management site is owned by one person, but the treatment, storage, or disposal activities are operated by another person, it is the operator's duty to obtain a RAP, except that the owner must also sign the RAP application.

BOARD NOTE:  Subsection (b) is derived from 40 CFR 270.100 (2012).

c)         The person who must sign the application and any required reports for a RAP.  Both the owner and the operator must sign the RAP application and any required reports according to 35 Ill. Adm. Code 702.126(a), (b), and (c).  In the application, both the owner and the operator must also make the certification required pursuant to 35 Ill. Adm. Code 702.126(d)(1).  However, the owner may choose the alternative certification pursuant to 35 Ill. Adm. Code 702.126(d)(2) if the operator certifies pursuant to 35 Ill. Adm. Code 702.126(d)(1).

BOARD NOTE:  Subsection (c) is derived from 40 CFR 270.105 (2012).

d)         What an owner or operator must include in its application for a RAP.  An owner or operator must include the following information in its application for a RAP:

1)         The name, address, and USEPA identification number of the remediation waste management site;

2)         The name, address, and telephone number of the owner and operator;

3)         The latitude and longitude of the site;

4)         The United States Geological Survey (USGS) or county map showing the location of the remediation waste management site;

5)         A scaled drawing of the remediation waste management site showing the following:

A)        The remediation waste management site boundaries;

B)        Any significant physical structures; and

C)        The boundary of all areas on-site where remediation waste is to be treated, stored, or disposed of;

6)         A specification of the hazardous remediation waste to be treated, stored, or disposed of at the facility or remediation waste management site.  This must include information on the following:

A)        Constituent concentrations and other properties of the hazardous remediation wastes that may affect how such materials should be treated or otherwise managed;

B)        An estimate of the quantity of these wastes; and

C)        A description of the processes an owner or operator will use to treat, store, or dispose of this waste, including technologies, handling systems, design, and operating parameters an owner or operator will use to treat hazardous remediation wastes before disposing of them according to the land disposal restrictions of 35 Ill. Adm. Code 728, as applicable;

7)         Enough information to demonstrate that operations that follow the provisions in the owner's or operator's RAP application will ensure compliance with applicable requirements of 35 Ill. Adm. Code 724, 726, and 728;

8)         Such information as may be necessary to enable the Agency to carry out its duties under other federal laws as is required for traditional RCRA permits pursuant to Section 703.183(t);

9)         Any other information the Agency decides is necessary for demonstrating compliance with this Subpart H or for determining any additional RAP conditions that are necessary to adequately protect human health and the environment.

BOARD NOTE:  Subsection (d) is derived from 40 CFR 270.110 (2012).

e)         If an owner or operator wants to keep this information confidential. 35 Ill. Adm. Code 130 allows an owner or operator to claim as confidential any or all of the information an owner or operator submits to the Agency pursuant to this Subpart H.  An owner or operator must assert any such claim at the time that the owner or operator submits its RAP application or other submissions by stamping the words "trade secret" in red ink, as provided in 35 Ill. Adm. Code 130.302.  If an owner or operator asserts a claim in compliance with 35 Ill. Adm. Code 130.200 at the time it submits the information, the Agency must treat the information according to the procedures in 35 Ill. Adm. Code 130.  If an owner or operator does not assert a claim at the time it submits the information, the Agency must make the information available to the public without further notice to the owner or operator.  The Agency must deny any requests for confidentiality of an owner's or operator's name or address.

BOARD NOTE:  Subsection (e) is derived from 40 CFR 270.115 (2012).

f)         To whom the owner or operator must submit its RAP application.  An owner or operator must submit its application for a RAP to the Agency for approval.

BOARD NOTE:  Subsection (f) is derived from 40 CFR 270.120 (2012).

g)         If an owner or operator submits its RAP application as part of another document, what the owner or operator must do.  If an owner or operator submits its application for a RAP as a part of another document, an owner or operator must clearly identify the components of that document that constitute its RAP application.

BOARD NOTE:  Subsection (g) is derived from 40 CFR 270.125 (2012).

(Source:  Amended at 37 Ill. Reg. 17659, effective October 24, 2013)