Section 721.960  Standards:  Closed-Vent Systems and Control Devices

a)         The remanufacturer or other person that stores or treats the hazardous secondary material in a hazardous secondary material management unit using closed-vent systems and control devices subject to this Subpart BB must comply with the provisions of Section 721.933.

b)         Implementation Schedule

1)         The remanufacturer or other person that stores or treats the hazardous secondary material at an existing facility who cannot install a closed-vent system and control device to comply with the provisions of this Subpart BB on the effective date that the facility becomes subject to the provisions of this Subpart BB must prepare an implementation schedule that includes dates by which the closed-vent system and control device will be installed and in operation.  The controls must be installed as soon as possible, but the implementation schedule may allow up to 30 months after the effective date that the facility becomes subject to this Subpart BB for installation and startup.

2)         Any unit beginning operation that is subject to the provisions of this Subpart BB when operation begins, must comply with the rules immediately (i.e., must have control devices installed and operating on startup of the affected unit); the 30-month implementation schedule does not apply.

3)         The remanufacturer or other person that stores or treats the hazardous secondary material at any facility in existence on the effective date of a statutory or regulatory amendment that renders the facility subject to this Subpart BB must comply with all requirements of this Subpart BB as soon as practicable but no later than 30 months after the amendment's effective date.  When control equipment required by this Subpart BB cannot be installed and begin operation by the effective date of the statutory or regulatory amendment that renders the facility subject to this Subpart BB, the facility owner or operator must prepare an implementation schedule that includes the following information:  specific calendar dates for award of contracts or issuance of purchase orders for the control equipment, initiation of on-site installation of the control equipment, completion of the control equipment installation, and performance of any testing to demonstrate that the installed equipment meets the applicable standards of this Subpart BB.  The remanufacturer or other person that stores or treats the hazardous secondary material must keep a copy of the implementation schedule at the facility.

BOARD NOTE:  The federal effective date of this provision was July 15, 2015.  The resulting compliance deadline for the Subpart BB standards was then January 18, 2018 for all facilities to which this Subpart BB applied on July 15, 2015. All new and modified facilities to which this Subpart BB applies are to immediately comply upon beginning operation after July 15, 2015.  Where this Subpart BB becomes applicable to a facility subject to after July 15, 2015 as a result of statutory or regulatory amendment, compliance with the Subpart BB standards is required 30 months after the effective date of the statutory or regulatory amendment that subjected that facility to this provision.

4)         Remanufacturers or other persons that store or treat the hazardous secondary materials at facilities and units that become newly subject to the requirements of this Subpart BB due to an action other than those described in subsection (b)(3), must comply with all applicable requirements immediately (i.e., must have control devices installed and operating on the date the facility or unit becomes subject to this Subpart BB; the 30-month implementation schedule does not apply).

(Source:  Amended at 42 Ill. Reg. 21673, effective November 19, 2018)