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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

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.Append-i-HAPPENDIX A Financial Assurance Forms

Illustrati n727.ILLUSTRATION A?

Letter of Chief Financial Officer:

Financial Assurance for Facility Closure

Illustration727 ILLUSTRATION B?

Letter of Chief Financial Officer:

Financial Assurance for Liability Coverage

Appencli-H727 APPENDIX B Correlation of State and Federal Provisions

Tab1c727.TABLE A Correlation of Federal RCRA Standardized Permit Provisions to

State Provisions

Tab1c727.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.

—, effective

Section 727.170?

Recordkeeping, Reporting, and Notifying

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) of this Section is derived from 40 CFR 267.70, as

added at 70 Fed. Reg. 53420 (Sep. 8, 2005).

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:

It must sign and date each copy of the manifest to certify that the

hazardous waste covered by the manifest was received;

It must note any significant discrepancies in the manifest (as defined in

Section 727.170(c)(1)) on each copy of the manifest;

It must immediately give the transporter at least one copy of the signed

manifest;

Within 30 days after the delivery, it must send a copy of the manifest to

the generator; and

It must retain at the facility a copy of each manifest for at least three

years from the date of delivery.

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:

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;

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.

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);

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: Section 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).

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.

BOARD NOTE: The provisions of 35 Ill. Adm. Code 724.134 are applicable to the

on-site accumulation of hazardous wastes by generators. Therefore, the

provisions of 35 Ill. Adm. Code 724.134 apply only to an owner or operator that

is shipping hazardous waste that it generated at that facility.

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 tracking document bearing all required signatures to the

notifier, to the Agency, to the Office of Enforcement and Compliance Assurance,

Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A),

U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington,

DC 20460, and to competent authorities of all other concerned countries. The

original copy of the tracking document must be maintained at the facility for at

least three years from the date of signature.

BOARD NOTE: Subsection (b) of this Section is derived from 40 CFR 267.71, as

added at 70 Fed. Reg. 53420 (Sep. 8, 2005).

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:

For bulk waste, variations greater than 10 percent in weight; or

For batch waste, any variation in piece count, such as a 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) of this Section is derived from 40 CFR 207.72, ac

addcd at 70 Fcd. Rcg. 53420 (Scp. 0, 2005) (2007).267.72 (2007).

d)?

Retention of information.

The facility owner or operator must keep a written operating record at its

facility.

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 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;

The location of each hazardous waste within the facility and the quantity

at each location;

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;

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));

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);

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;

All closure cost estimates pursuant to Section 727.240(c);

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;

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;

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;

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

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 728.107 or 728.108.

BOARD NOTE: Subsection (d) of this Section is derived from 40 CFR 267.73, as

added at 70 Fcd. Rcg. 53420 (Ccp. 0, 2005) (2007).267.73 (2007).

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.

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 by the Agency.

BOARD NOTE: Subsection (e) of this Section is derived from 40 CFR 267.71,?ac

added at 70 Fcd. Rc•

ee?

?267.74 (2007)

f)?

Submission of reports. The facility owner or operator must prepare a-

bicnnial an annual facility activities report and other reports listed in

subsection (f)(2) of this Section.

1)?

Dicnnial Annual facility activities report. The facility owner or

operator must prepare and submit a single copy of a biennial an annual facility

activities report to the Agency by March 1 of each

year. The

biennial annual facility activities report must be submitted on USEPA Form 8700-

13B. The report must cover facility activities during the previous we–calendar-

y aro 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 [415 ILCS

5/20.1 (2006)] requires the Agency to assemble annual reports, and only annual

facility activity reports will enable the Agency to fulfill this mandate.

The USEPA identification number, name, and address of the facility;

The calendar year covered by the report;

The method of treatment or storage for each hazardous waste;

The most recent closure cost estimate pursuant to Section 727.240(c);

A description of the efforts undertaken during the year to reduce the

volume and toxicity of generated waste;

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

The certification signed by the owner or operator.

2)?

Additional reports. In addition to submitting the biennial reports, the

owner or operator must also report the following information to the Agency:

Releases, fires, and explosions as specified in Section 727.150(i)(2);

Facility closures specified in Section 727.210(h); and

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 264.

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.

BOARD NOTE: Subsection (f) of this Section is derived from 40 CFR 287.75,?as

addcd at 70 Fcd. Rcg. 53420 (cp. 8, 2005) (2007).267.75 (2007).

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) of this Section is derived from 40 CFR 267.76,

?as

addcd at 70 Fcd. Rcg. 53420 ( cp. 8, 2005) (2007).267.76 (2007).

(Source: Amended at 32 Ill. Reg.

ILLINOIS RECISTER

JCAR350727-0805685r01

?, effective ?

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

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