Section 727.210  Closure

a)         Applicability of This Section.  This Section applies to the facility owner or operator of a facility that treats or stores hazardous waste under a RCRA standardized permit pursuant to Subpart J of 35 Ill. Adm. Code 703, except as provided in Section 727.100(a)(2).

BOARD NOTE:  Subsection (a) is derived from 40 CFR 267.110 (2017).

b)         Required General Standards When Operations Cease.  The facility owner or operator must close the storage and treatment units in a manner that fulfills the following conditions:

1)         It minimizes the need for further maintenance;

2)         It controls, minimizes, or eliminates, to the extent necessary to protect human health and the environment, the post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated run-off, or hazardous waste decomposition products to the ground, to surface waters, or to the atmosphere; and

3)         It meets the closure requirements of this Section and the requirements of Sections 727.270(g), 727.290(l), and 727.900(i).  If the facility owner or operator determines that, when applicable, the closure requirements of Section 727.290(l) (tanks) or 727.900(i) (containment buildings) cannot be met, then the owner or operator must close the unit in accordance with the requirements that apply to landfills (35 Ill. Adm. Code 724.410).  In addition, for the purposes of post-closure and financial responsibility, such a tank system or containment building is then considered to be a landfill, and the owner or operator must apply for a post-closure care permit in accordance with 35 Ill. Adm. Code 702 and 703.

BOARD NOTE:  Subsection (b) is derived from 40 CFR 267.111 (2017).

c)         Closure Procedures

1)         To close a facility, the facility owner or operator must follow its approved closure plan, and follow notification requirements.

A)        The facility owner or operator must submit its closure plan at the time it submits its Notice of Intent to operate under a RCRA standardized permit.  Final issuance of the RCRA standardized permit constitutes approval of the closure plan, and the plan becomes a condition of the RCRA standardized permit.

B)        The Agency's approval of the plan must ensure that the approved plan is consistent with Sections 727.210(b) through (f), 727.270(g), 727.290(l), and 727.900(i).

2)         Content of Closure Plan.  The closure plan must identify steps necessary to perform partial or final closure of the facility.  The closure plan must include at least the following minimum information:

A)        A description of how each hazardous waste management unit at the facility subject to this Section will be closed following the requirements of Section 727.210(b);

B)        A description of how final closure of the facility will be conducted in accordance with Section 727.210(b).  The description must identify the maximum extent of the operations that will be unclosed during the active life of the facility;

C)        An estimate of the maximum inventory of hazardous wastes ever on site during the active life of the facility and a detailed description of the methods that the facility owner or operator will use during partial or final closure, such as methods for removing, transporting, treating, storing, or disposing of all hazardous wastes, and identification of the types of off-site hazardous waste management units to be used, if applicable;

D)        A detailed description of the steps needed to remove or decontaminate all hazardous waste residues and contaminated containment system components, equipment, structures, and soils during partial or final closure.  These might include procedures for cleaning equipment and removing contaminated soils, methods for sampling and testing surrounding soils, and criteria for determining the extent of decontamination required to satisfy the closure performance standard;

E)        A detailed description of other activities necessary during the closure period to ensure that partial or final closure satisfies the closure performance standards;

F)         A schedule for closure of each hazardous waste management unit, and for final closure of the facility.  The schedule must include, at a minimum, the total time required to close each hazardous waste management unit and the time required for intervening closure activities that allow tracking of progress of partial or final closure; and

G)        For facilities that use trust funds to establish financial assurance pursuant to Section 727.240(d) and that are expected to close prior to the expiration of the permit, an estimate of the expected year of final closure.

3)         The facility owner or operator may submit a written notification to the Agency for a permit modification to amend the closure plan at any time prior to the notification of partial or final closure of the facility, following the applicable procedures in 35 Ill. Adm. Code 705.304.

A)        Events leading to a change in the closure plan, and therefore requiring a modification, may include the following:

i)          A change in the operating plan or facility design;

ii)         A change in the expected year of closure, if applicable; or

iii)        In conducting partial or final closure activities, an unexpected event requiring a modification of the approved closure plan.

B)        The written notification or request must include a copy of the amended closure plan for review or approval by the Agency.  The Agency must approve, disapprove, or modify this amended plan in accordance with the procedures in 35 Ill. Adm. Code 703.353 and 705.304.

4)         Notification before Final Closure

A)        The facility owner or operator must notify the Agency in writing at least 45 days before the date that it expects to begin final closure of a treatment or storage tank, container storage area, or containment building.

B)        The date when the owner or operator "expects to begin closure" must be no later than 30 days after the date that any hazardous waste management unit receives the known final volume of hazardous wastes.

C)        If the facility's permit is terminated, or if the facility owner or operator is otherwise ordered, by a federal judicial decree or final order pursuant to section 3008 of RCRA (42 USC 6928), to cease receiving hazardous wastes or to close, then the requirements of this subsection (c)(4) do not apply.  However, the owner or operator must close the facility following the deadlines established in subsection (f).

BOARD NOTE:  Subsection (c) is derived from 40 CFR 267.112 (2017).

d)         Opportunity for Public Comment on the Plan

1)         The Agency must provide the facility owner or operator and the public, when the draft RCRA standardized permit is public noticed, the opportunity to submit written comments on the plan and to the draft permit as allowed by 35 Ill. Adm. Code 705.303(b).  The Agency must also, in response to a request or at its own discretion, hold a public hearing whenever it determines that such a hearing might clarify one or more issues concerning the closure plan, and the permit.

2)         The Agency must give public notice of the hearing 30 days before it occurs.  Public notice of the hearing may be given at the same time as notice of the opportunity for the public to submit written comments, and the two notices may be combined.

BOARD NOTE:  Subsection (d) is derived from 40 CFR 267.113 (2017).

e)         This subsection (e) corresponds with 40 CFR 267.114, which USEPA has marked "Reserved".  This statement maintains structural consistency with the corresponding federal rules.

f)         Time Allowed for Closure

1)         Within 90 days after the final volume of hazardous waste is sent to a unit, the facility owner or operator must treat or remove all hazardous wastes from the unit following the approved closure plan.

2)         The facility owner or operator must complete final closure activities in accordance with the approved closure plan within 180 days after the final volume of hazardous wastes is sent to the unit.  The Agency may approve an extension of 180 days to the closure period if the owner or operator complies with all applicable requirements for requesting a modification to the permit and demonstrates that the conditions of subsections (f)(2)(A) and (f)(2)(B) are fulfilled subject to the limitation of subsection (f)(2)(C):

A)        The final closure activities will take longer than 180 days to complete due to circumstances beyond the control of the owner or operator, excluding groundwater contamination;

B)        The facility owner or operator has taken and will continue to take all steps to prevent threats to human health and the environment from the unclosed, but not operating hazardous waste management unit or facility, including compliance with all applicable permit requirements; and

C)        The owner or operator must make the demonstration of subsections (f)(2)(A) and (f)(2)(B) at least 30 days prior to the expiration of the initial 180-day period.

3)         Nothing in this subsection (f) precludes the facility owner or operator from removing hazardous wastes and decontaminating or dismantling equipment in accordance with the approved final closure plan at any time before or after notification of final closure.

BOARD NOTE:  Subsection (f) is derived from 40 CFR 267.115 (2017).

g)         Disposition of Contaminated Equipment, Structure, and Soils.  The facility owner or operator must properly dispose of or decontaminate all contaminated equipment, structures, and soils during the partial and final closure periods.  By removing any hazardous wastes or hazardous constituents during partial and final closure, the owner or operator may become a generator of hazardous waste and must handle that waste following all applicable requirements of 35 Ill. Adm. Code 722.

BOARD NOTE:  Subsection (g) is derived from 40 CFR 267.116 (2017).

h)         Certification of Closure.  Within 60 days after the completion of final closure of each unit under a RCRA standardized permit pursuant to Subpart J of 35 Ill. Adm. Code 705, the facility owner or operator must submit to the Agency, by registered mail, a certification that each hazardous waste management unit or facility, as applicable, has been closed following the specifications in the closure plan.  Both the owner or operator and an independent registered professional engineer must sign the certification.  The owner or operator must furnish documentation supporting the independent registered professional engineer's certification to the Agency upon request until the Agency releases the owner or operator from the financial assurance requirements for closure pursuant to Section 727.240(d)(10).

BOARD NOTE:  Subsection (h) is derived from 40 CFR 267.117 (2017).

(Source:  Amended at 42 Ill. Reg. 24055, effective November 19, 2018)