il-v50i40-35-ill-adm-code-727: 35 Ill. Adm. Code 727 — Standards for Owners and Operators of Hazardous Waste Facilities Operating Under a RCRA Standardized Permit

1) Heading of the Part: Standards for Owners and Operators of Hazardous Waste Facilities Operating Under a RCRA Standardized Permit 2) Code Citation: 35 Ill. Adm. Code 727 3) Section Numbers: Adopted Actions: 727.110 Amendment 727.170 Amendment 4) Statutory Authority: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the Environmental Protection Act [415 ILCS 5/7.2, 22.4, and 27]. 5) Effective Date of Rule: September 17, 2026 6) Does this rulemaking contain an automatic repeal date? No 7) Does this rulemaking contain incorporations by reference? No 8) Statement of Availability: The adopted amendments are available on the Board's website (https://pcb.illinois.gov/) and is also on file and available for public inspection in the Board's Chicago office, 60 E. Van Buren, Suite 630, Chicago, IL 60605. 9) Notice of Proposal Published in Illinois Register: 50 Ill. Reg. 6382, May 8, 2026 10) Has JCAR issued a Statement of Objections to this rulemaking? Section 22.4(a) of the Environmental Protection Act [415 ILCS 5/22.4(a)] provides that Section 5-35 of the Administrative Procedure Act [5 ILCS 100/5-35] does not apply to this rulemaking. Because this rulemaking is not subject to Section 5-35 of the APA, it is not subject to First Notice or to Second Notice review by the Joint Committee on Administrative Rules (JCAR). 11) Differences between proposal and final version: 727.170 b)2)D) BOARD NOTE, change "Section" to "35 Ill. Adm. Code" 727.170 b)4), change "section" to "Section" 12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the agreements letter issued by JCAR? Section 22.4(a) of the Environmental Protection Act POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS [415 ILCS 5/22.4(a)] provides that Section 5-35 of the Administrative Procedure Act [5 ILCS 100/5-35] does not apply to this rulemaking. Because this rulemaking is not subject to Section 5-35 of the APA, it is not subject to First Notice or to Second Notice review by JCAR. But the Board did adopt changes requested by JCAR in public comment. 13) Will this rulemaking replace an emergency rule currently in effect? No 14) Are there any other rulemakings pending on this Part? No 15) Summary and Purpose of Rulemaking: The adopted amendments include United States Environmental Protection Agency (USEPA) updates to Subtitle C of the Resource Conservation and Recovery Act (RCRA) and additional, limited non-substantive corrections identified by the Board. The following federal updates were included in the amendments. July 26, 2024 (89 Fed. Reg. 60692): The USEPA finalized amendments to the hazardous waste manifest regulations, and the hazardous waste electronic manifest (e-Manifest) regulations under the Resource Conservation and Recovery Act (RCRA) to increase utility of the e-Manifest system in delivering benefits to reduce administrative burden and improve tracking of hazardous waste shipments, and to various related regulations. October 11, 2024 (89 Fed. Reg. 82682): USEPA established alternative RCRA standards for certain ignitable spent refrigerants being recycled for reuse. October 31, 2024 (89 Fed. Reg. 86758): USEPA made four minor corrections to the final rule that appeared in the Federal Register on July 26, 2024. December 11,2024 (89 Fed. Reg. 99727): The USEPA withdrew five amendments from its December 6, 2023, final rule revisions to the 2016 Hazardous Waste Generator Improvements Rule, the 2019 Hazardous Waste Pharmaceuticals Rule and the 2018 Vacatur of the Definition of Solid Waste Rule (88 FR 54086). 16) Information and questions regarding this adopted rulemaking shall be directed to: Please reference docket R25-12 and direct inquiries to the following person: Don A. Brown, Clerk Illinois Pollution Control Board 60 E Van Buren St., Suite 630 Chicago, IL 60605 312-814-3620 don.brown@illinois.gov Request copies of the Board's opinion and order at 312-814-3620 or download a copy from the Board's Website at https://pcb.illinois.gov/. Please refer to docket number R25- 12 in your request. The full text of the Adopted Amendments begins on the next page: POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS PART 727 STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES OPERATING UNDER A RCRA STANDARDIZED PERMIT Section 727.100 General 727.110 General Facility Standards 727.130 Preparedness and Prevention 727.150 Contingency Plan and Emergency Procedures 727.170 Recordkeeping, Reporting, and Notifying 727.190 Releases from Solid Waste Management Units 727.210 Closure 727.240 Financial Requirements 727.270 Use and Management of Containers 727.290 Tank Systems 727.900 Containment Buildings 727.APPENDIX A Financial Assurance Forms (Repealed) 727.ILLUSTRATION A Letter of Chief Financial Officer: Financial Assurance for Facility Closure (Repealed) 727.ILLUSTRATION B Letter of Chief Financial Officer: Financial Assurance for Liability Coverage (Repealed) 727.APPENDIX B Correlation of State and Federal Provisions 727.TABLE A Correlation of Federal RCRA Standardized Permit Provisions to State Provisions 727.TABLE B Correlation of State RCRA Standardized Permit Provisions to Federal Provisions AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the Environmental Protection Act [415 ILCS 5/7.2, 22.4, and 27]. SOURCE: Adopted in R06-16/R06-17/R06-18 at 31 Ill. Reg. 1146, effective December 20, 2006; amended in R07-5/R07-14 at 32 Ill. Reg. 12829, effective July 14, 2008; amended in R13- 15 at 37 Ill. Reg. 17909, effective October 24, 2013; amended in R14-1/R14-2/R14-3 at 38 Ill. Reg. 7221, effective March 13, 2014; amended in R16-7 at 40 Ill. Reg. 12011, effective August 9, 2016; amended in R17-14/R17-15/R18-12/R18-31 at 42 Ill. Reg. 24055, effective November 19, 2018; amended in R19-11 at 43 Ill. Reg. 6076, effective May 2, 2019; amended in R25-12 at 50 Ill. Reg. 14999, effective September 17, 2026. Section 727.110 General Facility Standards a) Applicability of This Section. This Section applies to the owner or operator of a facility that treats or stores hazardous waste under a 35 Ill. Adm. Code 703.Subpart J RCRA standardized permit, except as provided in Section 727.100(a)(2). BOARD NOTE: Subsection (a) is derived from 40 CFR 267.10. b) Compliance with This Section. To comply with this Section, the facility owner or operator must obtain a USEPA identification number and follow the requirements of this Part for waste analysis, security, inspections, training, special waste handling, and location standards. BOARD NOTE: Subsection (b) is derived from 40 CFR 267.11. c) Obtaining a USEPA Identification Number. The facility owner or operator must apply to the Agency for a USEPA identification number using Notification of RCRA Subtitle C Activities (Site Identification Form) (USEPA Form 8700-12). BOARD NOTE: Subsection (c) is derived from 40 CFR 267.12. USEPA Form 8700-12 is available from the Agency, Bureau of Land (217-782-6762). It is also available on-line for download in PDF file format: www.epa.gov/hwgenerators/instructions-and-form-hazardous-waste-generators- transporters-and-treatment-storage www.epa.gov/hwgenerators/instructions-and- form-hazardous-waste-generators-transporters-and-treatment-storage-and. d) Waste Analysis Requirements 1) Before it treats or stores any hazardous wastes, the facility owner or operator must obtain a detailed chemical and physical analysis of a representative sample of the wastes. At a minimum, the analysis must contain all the information needed to treat or store the waste to comply with this Part and 35 Ill. Adm. Code 728. POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS A) The facility owner or operator may include data in the analysis that was developed pursuant to 35 Ill. Adm. Code 721 or data published or documented on the hazardous waste or on hazardous waste generated from similar processes. B) The facility owner or operator must repeat the analysis as necessary to ensure that it is accurate and up to date. At a minimum, the owner or operator must repeat the analysis if the process or operation generating the hazardous wastes has changed. 2) The facility owner or operator must develop and follow a written waste analysis plan that describes the procedures it will follow to comply with subsection (d)(1). The owner or operator must keep this plan at the facility. If the owner or operator receives wastes generated from off-site and is eligible for a RCRA standardized permit, the owner or operator also must have submitted the waste analysis plan with the Notice of Intent. At a minimum, the plan must specify all of the following: A) The hazardous waste parameters that the owner or operator will analyze and the rationale for selecting these parameters (that is, how analysis for these parameters will provide sufficient information on the waste's properties to comply with subsection (d)(1)). B) The test methods the owner or operator will use to test for these parameters. C) The sampling method the owner or operator will use to obtain a representative sample of the waste to be analyzed. The owner or operator may obtain a representative sample using either of the following methods: i) One of the sampling methods described in Appendix A of 35 Ill. Adm. Code 721; or ii) An equivalent sampling method. D) How frequently the owner or operator will review or repeat the POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS initial analysis of the waste to ensure that the analysis is accurate and up to date. E) Where applicable, the methods the owner or operator will use to meet the additional waste analysis requirements for specific waste management methods, as specified in 35 Ill. Adm. Code 724.117, 724.934(d), 724.963(d), and 724.983. BOARD NOTE: Subsection (d) is derived from 40 CFR 267.13. e) Security Requirements 1) The facility owner or operator must prevent, and minimize the possibility for, livestock and unauthorized people from entering the active portion of its facility. 2) The facility must have either of the features listed in subsection (e)(2)(A) or those listed in subsection (e)(2)(B). A) A 24-hour surveillance system (for example, television monitoring or surveillance by guards or facility personnel) that continuously monitors and controls entry onto the active portion of the facility; or B) Both of the following: i) An artificial or natural barrier (for example, a fence in good repair or a fence combined with a cliff) that completely surrounds the active portion of the facility; and ii) A means to control entry, at all times, through the gates or other entrances to the active portion of the facility (for example, an attendant, television monitors, locked entrance, or controlled roadway access to the facility). 3) The facility owner or operator must post a sign at each entrance to the active portion of a facility, and at other prominent locations, in sufficient numbers to be seen from any approach to this active portion. The sign must bear the legend "Danger – Unauthorized Personnel Keep Out". The POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS legend must be in English and in any other language predominant in the area surrounding the facility (for example, French or Spanish), and must be legible from a distance of at least 25 feet. The owner or operator may use existing signs with a legend other than "Danger – Unauthorized Personnel Keep Out" if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion and entry onto the active portion can be dangerous. BOARD NOTE: Subsection (e) is derived from 40 CFR 267.14. f) General Inspection Requirements 1) The owner or operator must inspect its facility for malfunctions and deterioration, operator errors, and discharges that may be causing, or may lead to either of the conditions listed in subsection (f)(1)(A) or (f)(1)(B). The owner or operator must conduct these inspections often enough to identify problems in time to correct them before they result in harm to human health and the environment. A) A release of hazardous waste constituents to the environment; or B) A threat to human health. 2) The facility owner or operator must develop and follow a written schedule for inspecting monitoring equipment, safety and emergency equipment, security devices, and operating and structural equipment (such as dikes and sump pumps) that are important to preventing, detecting, or responding to environmental or human health hazards. A) The owner or operator must keep this schedule at the facility. B) The schedule must identify the equipment and devices that the owner or operator will inspect and what problems it will look for, such as malfunctions or deterioration of equipment (for example, inoperative sump pump, leaking fitting, etc.). C) The frequency of the owner's or operator's inspections may vary for the items on the schedule. However, the frequency should be based on the rate of deterioration of the equipment and the POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS probability of an environmental or human health incident if the deterioration, malfunction, or any operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, must be inspected daily when in use. At a minimum, the inspection schedule must include the items and frequencies required in Sections 727.270(e), 727.290(d) and (f), and 727.900(d) and 35 Ill. Adm. Code 724.933, 724.952, 724.953, 724.958, and 724.983 through 724.989, where applicable. 3) The facility owner or operator must remedy any deterioration or malfunction of equipment or structures that the inspection reveals in time to prevent any environmental or human health hazards. Where hazard is imminent or has already occurred, the owner or operator must take immediate remedial action. 4) The facility owner or operator must record all inspections. The owner or operator must keep these records for at least three years from the date of inspection. At a minimum, the owner or operator must include the date and time of the inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs or other remedial actions. BOARD NOTE: Subsection (f) is derived from 40 CFR 267.15. g) Employee Training 1) Facility personnel must successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the facility's compliance with the requirements of this Part. The facility owner or operator must ensure that this program includes all the elements described in the documents that are required pursuant to subsection (g)(4)(C). A) A person trained in hazardous waste management procedures must direct this program and must teach facility personnel hazardous waste management procedures (including contingency plan implementation) relevant to their employment positions. B) At a minimum, the training program must be designed to ensure POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS that facility personnel are able to respond effectively to emergencies by including instruction on emergency procedures, emergency equipment, and emergency systems, including all of the following, where applicable: i) Procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment. ii) Key parameters for automatic waste feed cut-off systems. iii) Communications or alarm systems. iv) Response to fires or explosions. v) Response to groundwater contamination incidents. vi) Shutdown of operations. 2) Facility personnel must successfully complete the program required in subsection (g)(1) within six months after the date of their employment or assignment to a facility or to a new position at a facility, whichever is later. Employees hired after the effective date of the owner's or operator's RCRA standardized permit must not work in unsupervised positions until they have completed the training requirements of subsection (g)(1). 3) Facility personnel must take part in an annual review of the initial training required in subsection (g)(1). 4) The facility owner or operator must maintain the following documents and records at its facility: A) The job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job; B) A written job description for each position listed pursuant to subsection (g)(4)(A). This description must include the requisite skill, education, or other qualifications, and duties of employees assigned to each position; POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS C) A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed pursuant to subsection (g)(4)(A); D) Records that document that facility personnel have received and completed the training or job experience required pursuant to subsections (g)(1), (g)(2), and (g)(3). 5) The facility owner or operator must keep training records on current personnel until its facility closes. The owner or operator must keep training records on former employees for at least three years from the date the employee last worked at its facility. Personnel training records may accompany personnel transferred within a company. BOARD NOTE: Subsection (g) is derived from 40 CFR 267.16. h) Requirements for Managing Ignitable, Reactive, or Incompatible Wastes 1) The facility owner or operator must take precautions to prevent accidental ignition or reaction of ignitable or reactive waste by following these requirements: A) The owner or operator must separate these wastes and protect them from sources of ignition or reaction such as open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, or mechanical), spontaneous ignition (for example, from heat-producing chemical reactions), and radiant heat. B) While ignitable or reactive waste is being handled, the owner or operator must confine smoking and open flames to specially designated locations. C) "No Smoking" signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste. 2) If it treats or stores ignitable or reactive waste, or mixes incompatible waste or incompatible wastes and other materials, the owner or operator must take precautions to prevent reactions that do the following: POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS A) Generate extreme heat or pressure, fire or explosions, or violent reactions. B) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health or the environment. C) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions. D) Damage the structural integrity of the device or facility. E) Threaten human health and the environment in any similar way. 3) The facility owner or operator must document compliance with subsection (h)(1) or (h)(2). The owner or operator may base this documentation on references to published scientific or engineering literature, data from trial tests (for example bench scale or pilot scale tests), waste analyses (as specified in Section 727.110(d)), or the results of the treatment of similar wastes by similar treatment processes and under similar operating conditions. BOARD NOTE: Subsection (h) is derived from 40 CFR 267.17. i) Facility Location Standards 1) The facility owner or operator may not locate any portion of a new facility where hazardous waste will be treated or stored within 61 meters (200 feet) of a fault that has had displacement in Holocene time. A) "Fault" means a fracture along which rocks on one side have been displaced with respect to those on the other side. B) "Displacement" means the relative movement of any two sides of a fault measured in any direction. C) "Holocene" means the most recent epoch of the Quaternary period, extending from the end of the Pleistocene to the present. BOARD NOTE: Under the note to corresponding 40 CFR POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS 267.18(a)(3) and 40 CFR 270.14(b)(11), a facility that is in a political jurisdiction other than those listed in appendix VI of 40 CFR 264, incorporated by reference in 35 Ill. Adm. Code 720.111(b), is assumed to be in compliance with this requirement. No area of Illinois is listed in appendix VI of 40 CFR 264. 2) If an owner's or operator's facility is located within a 100-year flood plain, it must be designed, constructed, operated, and maintained to prevent washout of any hazardous waste by a 100-year flood. A) "100-year flood plain" means any land area that is subject to a one percent or greater chance of flooding in any given year from any source. B) "Washout" means the movement of hazardous waste from the active portion of the facility as a result of flooding. C) "100-year flood" means a flood that has a one percent chance of being equaled or exceeded in any given year. BOARD NOTE: Subsection (i) is derived from 40 CFR 267.18. (Source: Amended at 50 Ill. Reg. 14999, effective September 17, 2026) Section 727.170 Recordkeeping, Reporting, and Notifying a) Applicability of This Section. This Section applies to the owner and operator of a facility that stores or non-thermally treats a 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). In addition, the owner or operator must comply with the manifest requirements of 35 Ill. Adm. Code 722 whenever a shipment of hazardous waste is initiated from the facility. BOARD NOTE: Subsection (a) is derived from 40 CFR 267.70 (2017). b) Use of the Manifest System 1) If a facility receives hazardous waste accompanied by a manifest, the owner or operator, or its agent, must do each of the following: POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS A) It must sign and date each copy of the manifest to certify that the hazardous waste covered by the manifest was received; B) It must note any significant discrepancies in the manifest (as defined in Section 727.170(c)(1)) on each copy of the manifest; C) It must immediately give the transporter at least one copy of the signed manifest; D) Within 30 days after the delivery, it must send a copy of the manifest to the generator; E) It must retain at the facility a copy of each manifest for at least three years from the date of delivery; and F) If a facility receives hazardous waste subject to Subpart H of 35 Ill. Adm. Code 722 from a foreign source, the receiving facility must do both of the following: i) Additionally list the relevant waste stream consent number from consent documentation supplied by USEPA to the facility for each waste listed on the manifest, matched to the relevant list number for the waste from block 9b of the hazardous waste manifest (USEPA Form 8700-22). If additional space is needed, the receiving facility should use Continuation Sheets (USEPA Form 8700-22A); and ii) Mail a copy of the hazardous waste manifest to USEPA using the addresses listed in 35 Ill. Adm. Code 722.182(e) within 30 days of delivery until the facility can submit such a copy to the e-Manifest system per 35 Ill. Adm. Code 724.171(a)(2)(E) or 725.171(a)(2)(E). 2) If a facility receives, from a rail or water (bulk shipment) transporter, hazardous waste that is accompanied by a shipping paper containing all the information required on the manifest (excluding the USEPA identification numbers, generator's certification, and signatures), the owner or operator, or its agent, must do each of the following: POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS A) It must sign and date each copy of the manifest or shipping paper (if the manifest has not been received) to certify that the hazardous waste covered by the manifest or shipping paper was received; B) It must note any significant discrepancies (as defined in Section 727.170(c)(1)) in the manifest or shipping paper (if the manifest has not been received) on each copy of the manifest or shipping paper; BOARD NOTE: USEPA does not intend that the owner or operator of a facility whose procedures pursuant to Section 727.110(d)(3) include waste analysis must perform that analysis before signing the shipping paper and giving it to the transporter. Section 727.170(c)(2), however, requires reporting an unreconciled discrepancy discovered during later analysis. C) It must immediately give the rail or water (bulk shipment) transporter at least one copy of the manifest or shipping paper (if the manifest has not been received); D) Within 30 days after the delivery, it must send a copy of the signed and dated manifest to the generator; however, if the manifest has not been received within 30 days after delivery, the owner or operator, or its agent, must send a copy of the shipping paper signed and dated to the generator; and BOARD NOTE: 35 Ill. Adm. CodeSection 722.123(c) requires the generator to send three copies of the manifest to the facility when hazardous waste is sent by rail or water (bulk shipment). E) It must retain at the facility a copy of the manifest and shipping paper (if signed in lieu of the manifest at the time of delivery) for at least three years from the date of delivery. 3) Whenever a shipment of hazardous waste is initiated from a facility, the facility owner or operator must comply with the requirements of 35 Ill. Adm. Code 722. POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS BOARD NOTE: The provisions of 35 Ill. Adm. Code 722.116 or 722.117 are applicable to the on-site accumulation of hazardous wastes by generators. Therefore, the provisions of 35 Ill. Adm. Code 722.116 or 722.117 apply only to an owner or operator that is shipping hazardous waste that it generated at that facility. 4) As required by 35 Ill. Adm. Code 722.184(d)(2)(O), within three working days after the receipt of a shipment subject to Subpart H of 35 Ill. Adm. Code 722, the owner or operator of the facility must provide a copy of the movement document bearing all required signatures to the foreign exporter; to the competent authorities of the countries of export and transit that control the shipment as an export or transit of hazardous waste. On or after the electronic import-export reporting compliance date, to USEPA electronically using USEPA's Waste Import Export Tracking System (WIETS). The original copy of the movement document must be maintained at the facility for at least three years from the date of signature. The owner or operator of a facility may satisfy this recordkeeping requirement by retaining electronically submitted documents in the facility's account on USEPA's WIETS, provided that copies are readily available for viewing and production if requested by any USEPA or authorized state inspector. No owner or operator of a facility may be held liable for the inability to produce the documents for inspection under this Sectionsection if the owner or operator of a facility can demonstrate that the inability to produce the document is due exclusively to technical difficulty with USEPA's WIETS for which the owner or operator of a facility bears no responsibility. BOARD NOTE: Subsection (b) is derived from 40 CFR 267.71 (2017). c) Manifest Discrepancies 1) Manifest discrepancies are differences between the quantity or type of hazardous waste designated on the manifest or shipping paper, and the quantity or type of hazardous waste a facility actually receives. Significant discrepancies in quantity are either of the following: A) For bulk waste, variations greater than 10 percent in weight; or B) For batch waste, any variation in piece count, such as a POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS discrepancy of one drum in a truckload. Significant discrepancies in type are obvious differences that can be discovered by inspection or waste analysis, such as waste solvent substituted for waste acid, or toxic constituents not reported on the manifest or shipping paper. 2) Upon discovering a significant discrepancy, the facility owner or operator must attempt to reconcile the discrepancy with the waste generator or transporter (e.g., with telephone conversations). If the discrepancy is not resolved within 15 days after receiving the waste, the owner or operator must immediately submit to the Agency a letter describing the discrepancy and attempts to reconcile it, and a copy of the manifest or shipping paper at issue. BOARD NOTE: Subsection (c) is derived from 40 CFR 267.72 (2017). d) Retention of Information 1) The facility owner or operator must keep a written operating record at its facility. 2) The facility owner or operator must record the following information, as it becomes available, and maintain the operating record until it closes the facility: A) A description and the quantity of each type of hazardous waste generated, and the methods and dates of its storage or treatment at the facility as required by Appendix A of 35 Ill. Adm. Code 724; B) The location of each hazardous waste within the facility and the quantity at each location; C) Records and results of waste analyses and waste determinations performed as specified in Section 727.110(d) and (h) and 35 Ill. Adm. Code 724.934, 724.963, 724.983, and 728.107; D) Summary reports and details of all incidents that require the owner or operator to implement the contingency plan as specified in Section 727.150(i)(2)); POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS E) Records and results of inspections as required by Section 727.110(f)(4) (except that the facility owner or operator needs to keep these data for only three years); F) Monitoring, testing or analytical data, and corrective action when required by Section 727.190, Section 727. 290(b), (d), and (f) and 35 Ill. Adm. Code 724.934(c) through (f), 724.935, 724.963(d) through (i), 724.964, 724.988, 724.989, and 724.990; G) All closure cost estimates pursuant to Section 727.240(c); H) The facility owner or operator certification, executed at least annually, that the owner or operator has a program in place to reduce the volume and toxicity of hazardous waste that it generates to the degree that the owner or operator determines to be economically practicable; and that the proposed method of treatment or storage is that practicable method currently available to the owner or operator that minimizes the present and future threat to human health and the environment; I) For an on-site treatment facility, the information contained in the notice (except the manifest number), and the certification and demonstration, if applicable, required by the facility owner or operator pursuant to 35 Ill. Adm. Code 728.107; J) For an on-site storage facility, the information in the notice (except the manifest number), and the certification and demonstration, if applicable, required by the facility owner or operator pursuant to 35 Ill. Adm. Code 728.107; K) For an off-site treatment facility, a copy of the notice, and the certification and demonstration, if applicable, required by the generator or the facility owner or operator pursuant to 35 Ill. Adm. Code 728.107 or 728.108; and L) For an off-site storage facility, a copy of the notice, and the certification and demonstration, if applicable, required by the generator or the owner or operator pursuant to 35 Ill. Adm. Code POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS 728.107 or 728.108. BOARD NOTE: Subsection (d) is derived from 40 CFR 267.73 (2017). e) Availability of Records 1) The facility owner or operator must furnish all records, including plans, required pursuant to this Part upon the request of any officer, employee, or representative of the Agency or USEPA and make them available at all reasonable times for inspection. 2) The retention period for all records required pursuant to this Part is extended automatically during the course of any unresolved enforcement action involving the facility or as requested in writing by the Agency. BOARD NOTE: Any Agency request for extended records retention under this subsection (e)(2) is subject to Board review pursuant to Section 40 of the Act. BOARD NOTE: Subsection (e) is derived from 40 CFR 267.74 (2017). f) Submission of Reports. The facility owner or operator must prepare an annual facility activities report and other reports listed in subsection (f)(2). 1) Annual Facility Activities Report. The facility owner or operator must prepare and submit a single copy of an annual facility activities report to the Agency by March 1 of each year. The annual facility activities report must be submitted on USEPA Form 8700-13B. The report must cover facility activities during the previous calendar year and must include the following information: BOARD NOTE: Corresponding 40 CFR 267.75(a) (2006) requires biennial reporting. The Board has required annual reporting, since Section 20.1 of the Act requires the Agency to assemble annual reports, and only annual facility activity reports will enable the Agency to fulfill this mandate. A) The USEPA identification number, name, and address of the facility; POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS B) The calendar year covered by the report; C) The method of treatment or storage for each hazardous waste; D) The most recent closure cost estimate pursuant to Section 727.240(c); E) A description of the efforts undertaken during the year to reduce the volume and toxicity of generated waste; F) A description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent such information is available for the years prior to 1984; and G) The certification signed by the owner or operator. 2) Additional Reports. In addition to submitting the annual reports, the owner or operator must also report the following information to the Agency: A) Releases, fires, and explosions as specified in Section 727.150(i)(2); B) Facility closures specified in Section 727.210(h); and C) Other information as otherwise required by Sections 727.270, 727.290, and 727.900 and Subparts AA, BB, and CC of 35 Ill. Adm. Code 724. 3) For off-site facilities, the USEPA identification number of each hazardous waste generator from which the facility received a hazardous waste during the year; for imported shipments, the report must give the name and address of the foreign generator. 4) A description and the quantity of each hazardous waste the facility received during the year. For off-site facilities, this information must be listed by USEPA identification number of each generator. POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS BOARD NOTE: Subsection (f) is derived from 40 CFR 267.75 (2017). g) Required Notifications. Before transferring ownership or operation of a facility during its operating life, the facility owner or operator must notify the new owner or operator in writing of the requirements of this Part and Subpart J of 35 Ill. Adm. Code 703. BOARD NOTE: Subsection (g) is derived from 40 CFR 267.76 (2017). (Source: Amended at 50 Ill. Reg. 14999, effective September 17, 2026) DEPARTMENT OF INSURANCE NOTICE OF WITHDRAWAL OF PROPOSED RULE