If the Agency determines, based on one or more of the factors
listed in subsection (a) that compliance with the standards of subpart EEE of
40 CFR 63, incorporated by reference in 35 Ill. Adm. Code
720.111, alone may not
adequately protect human health and the environment, the Agency must require
the additional information or assessments necessary to determine whether
additional controls are necessary to ensure adequate protection of human health
and the environment. This includes information necessary to evaluate the
potential risk to human health or the environment resulting from both direct
and indirect exposure pathways. The Agency may also require a permittee or
applicant to provide information necessary to determine whether such an
assessment should be required.
a) The
Agency must base the evaluation of whether compliance with the standards of
subpart EEE of 40 CFR
63, incorporated by reference in 35 Ill. Adm. Code
720.111, alone adequately protects human health and the environment on factors
relevant to the potential risk from a hazardous waste combustion unit,
including, as appropriate, any of the following factors:
1) Particular site-specific considerations
such as proximity to receptors (such as schools, hospitals, nursing homes, day
care centers, parks, community activity centers, or other potentially sensitive
receptors), unique dispersion patterns, etc.;
2) The identities and quantities of emissions
of persistent, bioaccumulative or toxic pollutants considering enforceable
controls in place to limit those pollutants;
3) The identities and quantities of
non-dioxin products of incomplete combustion most likely to be emitted and to
pose significant risk based on known toxicities (confirmation of which should
be made through emissions testing);
4) The identities and quantities of other
off-site sources of pollutants in proximity of the facility that significantly
influence interpretation of a facility-specific risk assessment;
5) The presence of significant ecological
considerations, such as the proximity of a particularly sensitive ecological
area;
6) The volume and types of
wastes, for example wastes containing highly toxic constituents;
7) Other on-site sources of hazardous air
pollutants that significantly influence interpretation of the risk posed by the
operation of the source in question;
8) Adequacy of any previously conducted risk
assessment, given any subsequent changes in conditions likely to affect risk;
and
9) Such other factors as may be
appropriate.
b) This
subsection (b) corresponds with
40 CFR
270.10(l)(b), which USEPA
has marked "Reserved". This statement maintains structural consistency with the
corresponding federal rules.
