JCAR350722-0805174r01
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TITLE 35: ENVIRONMENTAL PROTECTION
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SUBTITLE G: WASTE DISPOSAL
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CHAPTER I: POLLUTION CONTROL BOARD
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SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
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PART 722
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STANDARDS APPLICABLE TO
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GENERATORS OF HAZARDOUS WASTE
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SUBPART A: GENERAL
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Section
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722.110
Purpose, Scope, and Applicability
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722.111
Hazardous Waste Determination
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722.112
USEPA Identification Numbers
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722.113
Electronic Reporting
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SUBPART B: THE MANIFEST
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Section
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722.120
General Requirements
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722.121
Manifest Tracking Numbers, Manifest Printing, and Obtaining Manifests
23 722.122
Number of Copies
24 722.123
Use of the Manifest
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722.127
Waste Minimization Certification
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SUBPART C: PRE-TRANSPORT REQUIREMENTS
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Section
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722.130
Packaging
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722.131
Labeling
32 722.132
Marking
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722.133
Placarding
34 722.134
Accumulation Time
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SUBPART D: RECORDKEEPING AND REPORTING
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Section
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722.140
Recordkeeping
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Annual Reporting
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722.142
Exception Reporting
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722.143
Additional Reporting
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722.144
Special Requirements for Generators of between 100 and 1,000 kilograms per
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month
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SUBPART E: EXPORTS OF HAZARDOUS WASTE
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Section
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722.150
Applicability
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722.151
Definitions
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722.152
General Requirements
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722.153
Notification of Intent to Export
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722.154
Special Manifest Requirements
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722.155
Exception Report
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722.156
Annual Reports
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722.157
Recordkeeping
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722.158
International Agreements
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SUBPART F: IMPORTS OF HAZARDOUS WASTE
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Section
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Imports of Hazardous Waste
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SUBPART G: FARMERS
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Section
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722.170
Farmers
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SUBPART H: TRANSFRONTIER SHIPMENTS OF
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HAZARDOUS WASTE FOR RECOVERY WITHIN THE OECD
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Section
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722.180
Applicability
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722.181
Definitions
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722.182
General Conditions
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722.183
Notification and Consent
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Tracking Document
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722.185
Contracts
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722.186
Provisions Relating to Recognized Traders
80 722.187
Reporting and Recordkeeping
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722.189
OECD Waste Lists
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83 722.APPENDIX A
Hazardous Waste Manifest
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85 AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the
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Environmental Protection Act [415 ILCS 5/7.2, 22.4, and 27].
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SOURCE: Adopted in R81-22 at 5 III. Reg. 9781, effective May 17, 1982; amended and
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codified in R81-22 at 6 Ill. Reg. 4828, effective May 17, 1982; amended in R82-18 at 7 Ill. Reg.
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2518, effective February 22, 1983; amended in R84-9 at 9 Ill. Reg. 11950, effective July 24,
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1985; amended in R85-22 at 10 Ill. Reg. 1131, effective January 2, 1986; amended in R86-1 at
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10 Ill. Reg. 14112, effective August 12, 1986; amended in R86-19 at 10 Ill. Reg. 20709,
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effective December 2, 1986; amended in R86-46 at 11 Ill. Reg. 13555, effective August 4, 1987;
94 amended in R87-5 at 11 111. Reg. 19392, effective November 12, 1987; amended in R87-39 at 12
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Ill. Reg. 13129, effective July 29, 1988; amended in R88-16 at 13 Ill. Reg. 452, effective
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December 27, 1988; amended in R89-1 at 13 Ill. Reg. 18523, effective November 13, 1989;
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amended in R90-10 at 14 Ill. Reg. 16653, effective September 25, 1990; amended in R90-11 at
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15 Ill. Reg. 9644, effective June 17, 1991; amended in R91-1 at 15 Ill. Reg. 14562, effective
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October 1, 1991; amended in R91-13 at 16111. Reg. 9833, effective June 9, 1992; amended in
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R92-1 at 16 111. Reg. 17696, effective November 6, 1992; amended in R93-4 at 17 III. Reg.
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20822, effective November 22, 1993; amended in R95-6 at 19 III. Reg. 9935, effective June 27,
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1995; amended in R95-20 at 20 Ill. Reg. 11236, effective August 1, 1996; amended in R96-
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10/R97-3/R97-5 at 22 Ill. Reg. 603, effective December 16, 1997; amended in R97-21/R98-
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3/R98-5 at 22 Ill. Reg. 17950, effective September 28, 1998; amended in R00-5 at 24 Ill. Reg.
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1136, effective January 6, 2000; amended in R00-13 at 24 Ill. Reg. 9822, effective June 20,
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2000; expedited correction at 25 III. Reg. 5105, effective June 20, 2000; amended in R05-2 at 29
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Ill. Reg. 6312, effective April 22, 2005; amended in R06-5/R06-6/R06-7 at 30 Ill. Reg. 3138,
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effective February 23, 2006; amended in R06-16/R06-17/R06-18 at 31 Ill. Reg. 871, effective
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December 20, 2006; amended in R07-5/R07-14 at 32 Ill. Reg.
, effective
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SUBPART B: THE MANIFEST
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Section 722.120 General Requirements
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a)
Manifest use.
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a1-)
A generator that transports hazardous waste or offers a hazardous waste for
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transportation for off-site treatment, storage, or disposal or, effective September 5,
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2006, a treatment, storage, or disposal facility that offers for transport a rejected
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load of hazardous waste must prepare a manifest on USEPA Form 8700-22 (and,
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if necessary, on USEPA Form 8700-22A) according to the instructions included
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in the appendix to 40 CFR 262 (Uniform Hazardous Waste Manifest and
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Instructions (EPA Forms 8700-22 and 8700-22A and Their Instructions)),
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incorporated by reference in 35 III. Adm. Code 720.111(b).
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2)
Manifest amendments effective dates.
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A)
The revised manifest form and procedures in 35 Ill. Adm. Code
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720.110 and 721.107, this Section, and Sections 722.121, 722.127,
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through 722.134, 722.151 and in Appendix A to this Part,
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. ..
e
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to
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until September 5, 2006.
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134
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720.110 and 721.107, this Section, and Sections 722.121, 722.127,
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722.132 through 722.134, 722.154 and in Appendix A to this Part
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will apply until September 5, 2006.
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b)
A generator must designate on the manifest one receiving facility that is permitted
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to handle the waste described on the manifest.
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142 c)
A generator may also designate on the manifest one alternate receiving facility
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that is permitted to handle his waste in the event an emergency prevents delivery
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of the waste to the primary designated facility.
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d)
If the transporter is unable to deliver the hazardous waste to the designated
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receiving facility or the alternate facility, the generator must either designate
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another receiving facility or instruct the transporter to return the waste.
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150 e)
The requirements of this Subpart B do not apply to hazardous waste produced by
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generators of greater than 100 kg but less than 1,000 kg in a calendar month
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where the following conditions are fulfilled:
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1)
The waste is reclaimed under a contractual agreement that specifies the
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type of waste and frequency of shipments;
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2)
The vehicle used to transport the waste to the recycling facility and to
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deliver regenerated material back to the generator is owned and operated
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by the reclaimer of the waste; and
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3)
The generator maintains a copy of the reclamation agreement in his files
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for a period of at least three years after termination or expiration of the
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agreement.
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The requirements of this Subpart B and Section 722.132(b) do not apply to the
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transport of hazardous wastes on a public or private right-of-way within or along
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the border of contiguous property under the control of the same person, even if
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such contiguous property is divided by a public or private right-of-way.
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Notwithstanding 35 Ill. Adm. Code 723.110(a), the generator or transporter must
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comply with the requirements for transporters set forth in 35 III. Adm. Code
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723.130 and 723.131 in the event of a discharge of hazardous waste on a public or
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private right-of-way.
a)
The following requirements apply until September 5, 2006:
If the State of Illinois is the state to which the shipment is manifested
by the Agency.
must use the manifest required by the designated receiving state. If the
designated receiving state door, not supply and require the manifest, then
the generator must use the manifest supplied by the Agency.
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174 (Source: Amended at 32 Ill. Reg.
, effective
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Section
722.121
Manifest Tracking Numbers, Manifest Printing, and Obtaining Manifests
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al)
USEPA approval of manifest.
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124) A registrant may not print the manifest or have the manifest printed for
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use or distribution, unless it has received approval from the USEPA
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Director of the Office of Solid Waste to do so pursuant to 40 CFR
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262.21(c) and (e), as described in subsections je)(b)(3) and fej(b)(5) of
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this Section.
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28)
The approved registrant is responsible for ensuring that the organizations
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identified in its application are in compliance with the procedures of its
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approved application and the requirements of 40 CFR 262.21, as described
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in this Section subsection (b). The registrant is responsible for assigning
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manifest tracking numbers to its manifests.
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205 ba)
A registrant must submit an initial application to the USEPA Director of the
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Office of Solid Waste that contains the following information:
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1A) The name and mailing address of registrant;
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28) The name, telephone number, and email address of contact person;
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3E)
A brief description of registrant's government or business activity;
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4D) The USEPA identification number of the registrant, if applicable;
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5E)?
A description of the scope of the operations that the registrant plans to
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undertake in printing, distributing, and using its manifests, including the
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following:
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Ai)?
A description of the printing operation. The description should
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include an explanation of whether the registrant intends to print its
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manifests in-house (i.e., using its own printing establishments) or
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through a separate (i.e., unaffiliated) printing company. If the
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registrant intends to use a separate printing company to print the
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manifest on its behalf, the application must identify this printing
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company and discuss how the registrant will oversee the company.
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If this includes the use of intermediaries (e.g., prime and
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subcontractor relationships), the role of each must be discussed.
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The application must provide the name and mailing address of
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each company. It also must provide the name and telephone
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number of the contact person at each company;
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A description of how the registrant will ensure that its organization
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and unaffiliated companies, if any, comply with the requirements
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of 40 CFR 262.21, as described in this Section subsection (b). The
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application must discuss how the registrant will ensure that a
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unique manifest tracking number will be preprinted on each
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manifest. The application must describe the internal control
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procedures to be followed by the registrant and unaffiliated
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companies to ensure that numbers are tightly controlled and remain
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unique. In particular, the application must describe how the
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registrant will assign manifest tracking numbers to its manifests. If
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computer systems or other infrastructure will be used to maintain,
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track, or assign numbers, these should be indicated. The
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application must also indicate how the printer will pre-print a
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unique number on each form (e.g., crash or press numbering). The
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application also must explain the other quality procedures to be
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followed by each establishment and printing company to ensure
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that all required print specifications are consistently achieved and
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that printing violations are identified and corrected at the earliest
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practicable time; and
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Ciii) An indication of whether the registrant intends to use the manifests
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for its own business operations or to distribute the manifests to a
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separate company or to the general public (e.g., for purchase);
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6F)?
A brief description of the qualifications of the company that will print the
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manifest. The registrant may use readily available information to do so
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(e.g., corporate brochures, product samples, customer references,
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documentation of ISO certification), so long as such information pertains
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to the establishments or company being proposed to print the manifest;
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7€) Proposed unique three-letter manifest tracking number suffix. If the
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registrant is approved to print the manifest, the registrant must use this
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suffix to pre-print a unique manifest tracking number on each manifest;
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and
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844) A signed certification by a duly authorized employee of the registrant that
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the organizations and companies in its application will comply with the
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procedures of its approved application and the requirements of 40 CFR
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262.21, as described in this Section subsection (b) and that it will notify
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the Agency and the USEPA Director of the Office of Solid Waste of any
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duplicated manifest tracking numbers on manifests that have been used or
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distributed to other parties as soon as this becomes known.
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c3)
USEPA will review the application submitted under subsection (b)(b)(2) of this
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Section and either approve it or request additional information or modification
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before approving it.
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d4)
Submission of document samples.
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14) Upon USEPA approval of the application pursuant to 40 CFR 262.21(c),
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as described in subsection (cj(b)(3) of this Section, USEPA will provide
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the registrant an electronic file of the manifest, continuation sheet, and
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manifest instructions and ask the registrant to submit three fully assembled
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manifests and continuation sheet samples, except as noted in 40 CFR
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262.21(d)(3), as described in subsection (d)(3)(b)(4)(C) of this Section.
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The registrant's samples must meet all of the specifications in 40 CFR
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262.21(1), as described in subsection (0(k)3(6) of this Section, and be
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printed by the company that will print the manifest as identified in the
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application approved by USEPA pursuant to 40 CFR 262.21(c), as
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described in subsection (c)(b)(3) of this Section.
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28)
The registrant must submit a description of the manifest samples as
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follows:
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Ai)
The paper type (i.e., manufacturer and grade of the manifest
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paper);
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Bi-i) The paper weight
of each copy;
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C ) The ink color of the manifest's instructions. If screening of the ink
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was used, the registrant must indicate the extent of the screening;
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and
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Div) The method of binding the copies.
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3G)
The registrant need not submit samples of the continuation sheet if it will
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print its continuation sheet using the same paper type, paper weight of
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each copy, ink color of the instructions, and binding method as its
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manifest form samples.
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e5)
USEPA will evaluate the forms and either approve the registrant to print them as
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proposed or request additional information or modification to them before
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approval. USEPA will notify the registrant of its decision by mail. The registrant
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cannot use or distribute its forms until USEPA approves them. An approved
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registrant must print the manifest and continuation sheet according to its
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application approved by USEPA pursuant to 40 CFR 262.21(c), as described in
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subsection Cci(b)(3) of this Section and the manifest specifications in 40 CFR
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262.21(1), as described in subsection WOO) of this Section. It also must print
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the forms according to the paper type, paper weight, ink color of the manifest
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instructions and binding method of its approved forms.
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Paper manifests and continuation sheets must be printed according to the
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following specifications:
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1A) The manifest and continuation sheet must be printed with the exact format
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and appearance as USEPA Forms 8700-22 and 8700-22A, respectively.
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However, information required to complete the manifest may be
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preprinted on the manifest form.
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28) A unique manifest tracking number assigned in accordance with a
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numbering system approved by USEPA must be pre-printed in Item 4 of
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the manifest. The tracking number must consist of a unique three-letter
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suffix following nine digits.
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3G) The manifest and continuation sheet must be printed on 8'/2 x 11-inch
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white paper, excluding common stubs (e.g., top- or side-bound stubs).
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The paper must be durable enough to withstand normal use.
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4D) The manifest and continuation sheet must be printed in black ink that can
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be legibly photocopied, scanned, and faxed, except that the marginal
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words indicating copy distribution must be in red ink.
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5E)
The manifest and continuation sheet must be printed as six-copy forms.
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Copy-to-copy registration must be exact within 1/32 inch. Handwritten
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and typed impressions on the form must be legible on all six copies.
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Copies must be bound together by one or more common stubs that
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reasonably ensure that they will not become detached inadvertently during
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normal use.
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6F)
Each copy of the manifest and continuation sheet must indicate how the
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copy must be distributed, as follows:
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Ai)
Page 1 (top copy): "Designated facility to destination State (if
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required)."
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Bii)
Page 2: "Designated facility to generator State (if required)."
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Ciii) Page 3: "Designated facility to generator."
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Div) Page 4: "Designated facility's copy."
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Ev)
Page 5: "Transporter's copy."
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Fvi) Page 6 (bottom copy): "Generator's initial copy."
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7G) The instructions in the appendix to 40 CFR 262 (Uniform Hazardous
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Waste Manifest and Instructions (EPA Forms 8700-22 and 8700-22A and
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Their Instructions)), incorporated by reference in 35 Ill. Adm. Code
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720.111(b), must appear legibly on the back of the copies of the manifest
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and continuation sheet as provided in 40 CFR 262.21(f), as described in
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this subsection ab)(6) and subsection (b)(14) of this Section. The
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instructions must not be visible through the front of the copies when
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photocopied or faxed.
BOARD-NOTE: Subsection (b)(6)(C) corresponds with 40-C–FR
262.21(f)(7) (2001), as amended at 70 Fed. Reg. 10776 (March 1,
2005). The Board has moved 10 CFR 262.21(f)(7)(i) and (f)(7)(ii)
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Manifest Form 8700-22.
The "Instructions for Generators" on Copy 6;
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II)
The "Instructions for International Shipment Block" and
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"Instructions for Transporters" on Copy 5; and
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iii
The "Instructions for Treatment, Storage, and Disposal
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Facilities" on Copy 4.
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Manifest Form 8700-22A.
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The "Instructions for Generators" on Copy 6;
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ii
The "Instructions for Transporters" on Copy 5; and
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iii
The "Instructions for Treatment, Storage, and Disposal
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Facilities" on Copy 4.
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g)?
Use of approved manifests.
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1A) A generator may use manifests printed by any source so long as the source
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of the printed form has received approval from USEPA to print the
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manifest pursuant to 40 CFR 262.21(c) and (e), as described in
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subsections (0(43)(-3) and jej(b)(5) of this Section. A registered source
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may be any of the following:
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Ai)
A state agency;
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Bii) A commercial printer;
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Ciii) A hazardous waste generator, transporter, or treatment, storage, or
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disposal facility; or
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Div) A hazardous waste broker or other preparer who prepares or
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arranges shipments of hazardous waste for transportation.
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2B) The waste generator must determine whether the generator state or the
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consignment state for a shipment regulates any additional wastes (beyond
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those regulated federally) as hazardous wastes under these states'
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authorized programs. The generator must also determine whether the
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consignment state or generator state requires the generator to submit any
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copies of the manifest to these states. In cases where the generator must
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supply copies to either the generator's state or the consignment state, the
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generator is responsible for supplying legible photocopies of the manifest
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to these states.
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h8)
Manifest revisions.
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1A) If an approved registrant would like to update any of the information
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provided in its application approved by USEPA pursuant to 40 CFR
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262.21(c), as described in subsection tc)(b)(3) of this Section (e.g., to
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update a company phone number or name of contact person), the registrant
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must revise the application and submit it to the USEPA Director of the
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Office of Solid Waste, along with an indication or explanation of the
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update, as soon as practicable after the change occurs. The USEPA will
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either approve or deny the revision. If USEPA denies the revision, it will
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explain the reasons for the denial, and it will contact the registrant and
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request further modification before approval.
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2B)
If the registrant would like a new tracking number suffix, the registrant
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must submit a proposed suffix to the USEPA Director of the Office of
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Solid Waste, along with the reason for requesting it. USEPA will either
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approve the suffix or deny the suffix and provide an explanation why it is
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not acceptable.
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3G)
If a registrant would like to change the paper type, paper weight, ink color
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of the manifest instructions, or binding method of its manifest or
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continuation sheet subsequent to approval by USEPA pursuant to 40 CFR
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262.21(e), as described in this subsection fej(b)(5) of this Section, then the
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registrant must submit three samples of the revised form for USEPA
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review and approval. If the approved registrant would like to use a new
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printer, the registrant must submit three manifest samples printed by the
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new printer, along with a brief description of the printer's qualifications to
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print the manifest. USEPA will evaluate the manifests and either approve
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the registrant to print the forms as proposed or request additional
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information or modification to them before approval. USEPA will notify
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the registrant of its decision by mail. The registrant cannot use or
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distribute its revised forms until USEPA approves them.
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i9)
If, subsequent to its approval by USEPA pursuant to 40 CFR 262.21(e), as
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described in subsection (e)(b)(5) of this Section, a registrant typesets its manifest
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or continuation sheet instead of using the electronic file of the forms provided by
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USEPA, it must submit three samples of the manifest or continuation sheet to the
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registry for approval. USEPA will evaluate the manifests or continuation sheets
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and either approve the registrant to print them as proposed or request additional
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information or modification to them before approval. USEPA will notify the
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registrant of its decision by mail. The registrant cannot use or distribute its
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typeset forms until USEPA approves them.
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11-0) USEPA may exempt a registrant from the requirement to submit form samples
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pursuant to 40 CFR 262.21(d) or (h)(3), as described in subsection (4)(b)(4) or
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(h)(3)(b)(8)(C) of this Section, if USEPA is persuaded that a separate review of
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the registrant's forms would serve little purpose in informing an approval decision
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(e.g., a registrant certifies that it will print the manifest using the same paper type,
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paper weight, ink color of the instructions, and binding method of the form
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samples approved for some other registrant). A registrant may request an
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exemption from USEPA by indicating why an exemption is warranted.
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k-1-1-) An approved registrant must notify USEPA by phone or email as soon as it
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becomes aware that it has duplicated tracking numbers on any manifests that have
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been used or distributed to other parties.
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1-12) If, subsequent to approval of a registrant by USEPA pursuant to 40 CFR
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262.21(e), as described in subsection Le_1(b)(5) of this Section, USEPA becomes
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aware that the approved paper type, paper weight, ink color of the instructions, or
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binding method of the registrant's form is unsatisfactory, USEPA will contact the
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registrant and require modifications to the form.
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m-1-4) Effects of non-compliance.
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1A) USEPA may suspend and, if necessary, revoke printing privileges if we
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find that the registrant has done either of the following:
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M)
The registrant has used or distributed forms that deviate from its
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approved form samples in regard to paper weight, paper type, ink
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color of the instructions, or binding method; or
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Bi4)
The registrant exhibits a continuing pattern of behavior in using or
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distributing manifests that contain duplicate manifest tracking
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numbers.
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2B) USEPA will send a warning letter to the registrant that specifies the date
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by which it must come into compliance with the requirements. If the
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registrant does not come in compliance by the specified date, USEPA will
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send a second letter notifying the registrant that USEPA has suspended or
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revoked its printing privileges. An approved registrant must provide
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information on its printing activities to the Agency and USEPA if
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requested.
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1-44
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A)
Manifest Form 8700 22.
The "Inutructions for Generators" on Copy 6;
Tho "Instructions for Tr atment, Storage, and Disposal
BOARD NOTE: Subsection (b)(11)(A) and (b)(14)(B) are derived from
has-move(1-40-CFR 262.21(f)(7)(i) and (f)(7)(ii) to app ar as-subseetiens
ROARD-NOTE: Subsection (a) is derived from 10 CFR 262.21 (2001), effective until
September 5, 2006. Subsection (b) is derived from 40 CFR 262.21 (2005), effective
September 5, 2006.
JCAR350722-0805174r01
516
517
The "Instructions for Generators" on Copy 6;
518
519
CO
The "Instructions for International Shipment Block" and
520
"Instructions for Transporters" on Copy 5; and
521
522
523
Facilities" on Copy 4.
524
525
4)
Manifest Form 8700 22A.
526
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
(Source: Amended at 32 III. Reg.
, effective )
547
548
Section
722.127 Waste
Minimization Certification
549
550
A
generator that initiates a shipment of hazardous waste must
551
certify to one of the following statements in Item 15 of the uniform hazardous waste manifest:
552
553
a)
"I am a large quantity generator. I have a program in place to reduce the volume
554
and toxicity of waste generated to the degree I have determined to be
555
economically practicable and I have selected the practicable method of treatment,
556
storage, or disposal currently available to me which minimizes the present and
557
future threat to human health and the environment"; or
558
JCAR350722-0805174r01
559 b)
"I am a small quantity generator. I have made a good faith effort to minimize my
560
waste generation and select the best waste management method that is available to
561
me and that I can afford."
562
563 BOARD NOTE: 35 Ill. Adm. Code 720.110 defines a "small quantity generator" as a generator
564 that generates less than 1,000 kilograms of hazardous waste in any calendar month. There is no
565
corresponding definition of "large quantity generator" in the federal regulations, but the Board
566
interprets the term to mean a hazardous waste generator that is not a small quantity generator.
567
568 (Source: Amended at 32 Ill. Reg.
, effective
569
570
SUBPART C: PRE-TRANSPORT REQUIREMENTS
571
572
Section
722.132
Marking
573
574
a)
Before transporting or offering hazardous waste for transportation off-site, a
575
generator must mark each package of hazardous waste in accordance with the
576
applicable USDOT regulations on hazardous materials under 49 CFR 172
577
(Hazardous Materials Table, Special Provisions, Hazardous Materials
578
Communications, Emergency Response Information, and Training
579
Requirements), incorporated by reference in 35 III. Adm. Code 720.111(b);
580
581 b)
Marking small containers.
582
583
Until September 5, 2006, before transporting hazardous waste or offering
584
hazardous waste for transportation off site, a generator must mark each
585
586
587
accordance with the requirements of 49 CFR 172.304 (Marking
588
589
720.111(b):
590
591
•
?
• !,"
592
Disposal. If found, contact the nearest police or public safety
593
authority or the U.S. Environmental Protection Agency.
594
Generator's Name and
Address
Manifest Document Number
595
596
23
BeforeEffective September 5, 2006, before transporting hazardous waste or
597
offering hazardous waste for transportation off-site, a generator must mark each
598
container of 450 liters (110 gallons) or less that is used in such transportation with
HAZARDOUS WASTE – Federal Law Prohibits Improper Disposal.
If found, contact the nearest police or public safety authority or the
U.S. Environmental Protection Agency.
Generator's Name and Address
Generator's USEPA Identification Number
Manifest Tracking Number
P
a
"
D
-.
-
•
- -
-
1.1?
If
effective until September 5, 2006. Subsection (b)(2) is derived from 40 CFR
262.32(b) (2005), effective September 5, 2006.
JCAR350722-0805174r01
599
the following words and information displayed in accordance with the requirements
600
of 49 CFR 172.304 (Marking Requirements), incorporated by reference in 35 III.
601
Adm. Code 720.111(b):
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616
617
(Source: Amended at 32 Ill. Reg.
, effective
618
619
Section
722.133
Placarding
620
621
Until September 5, 2006, before transporting hazardous waste or offering
622
hazardous waste for transportation off site, a generator must placard or offer the
623
624
625
reference in 35 Ill. Adm. Code 720.111(b).
626
627
b)BeforuEffective September 5, 2006, before transporting hazardous waste or offering hazardous
628
waste for transportation off-site, a generator must placard or offer the initial transporter the
629
appropriate placards according to USDOT regulations for hazardous materials under subpart F of
630
49 CFR 172 (Placarding), incorporated by reference in 35 Ill. Adm. Code 720.111(b). If
631
placards are not required, a generator must mark each motor vehicle according to 49 CFR
632
171.3(b)(1) (Hazardous Waste), incorporated by reference in 35 Ill. Adm. Code 720.111(b).
633
634
BOARD NOTE: Subsection (a) is derived from 40 CFR 26
!I •
635
September 5, 2006. Subsection (b) is derived from 10 CFR 262.33 (2005), effective
636
September 5, 2006.
637
638
(Source: Amended at 32 Ill. Reg.
, effective
)
639
640 Section 722.134
Accumulation Time
641
JCAR350722-0805174r01
642?
a)
?
Except as provided in subsection (d), (e), (f), (g), (h), or (i) of this Section, a
643?
generator is exempt from all the requirements in Subparts G and H of 35 Ill. Adm.
644?
Code 725, except for 35 Ill. Adm. Code 725.211 and 725.214, and may
645?
accumulate hazardous waste on-site for 90 days or less without a permit or
646?
without having interim status, provided that the following conditions are fulfilled:
647
648?
1)?
The waste is placed in or on one of the following types of units, and the
649?
generator complies with the applicable requirements:
650
651?
A)
?
In containers, and the generator complies with Subparts I, AA, BB,
652?
and CC of 35 Ill. Adm. Code 725;
653
654?
B)?
In tanks, and the generator complies with Subparts J, AA, BB, and
655?
CC of 35 Ill. Adm. Code 725, except 35 III. Adm. Code 725.297(c)
656?
and 725.300;
657
658?
C)
?
On drip pads, and the generator complies with Subpart W of 35 Ill.
659?
Adm. Code 725 and maintains the following records at the facility:
660
661?
i)
?
A description of the procedures that will be followed to
662?
ensure that all wastes are removed from the drip pad and
663
?
associated collection system at least once every 90 days;
664?
and
665
666?
ii)
?
Documentation of each waste removal, including the
667?
quantity of waste removed from the drip pad and the sump
668
?
or collection system and the date and time of removal; or
669
670
?
D)?
In containment buildings, and the generator complies with Subpart
671?
DD of 35 Ill. Adm. Code 725 (has placed its Professional Engineer
672?
(PE) certification that the building complies with the design
673?
standards specified in 35 Ill. Adm. Code 725.1101 in the facility's
674
?
operating record prior to the date of initial operation of the unit).
675?
The owner or operator must maintain the following records at the
676?
facility:
677
678?
i)?
A written description of procedures to ensure that each
679?
waste volume remains in the unit for no more than 90 days,
680?
a written description of the waste generation and
681?
management practices for the facility showing that they are
682?
consistent with respect to the 90 day limit, and
683?
documentation that the procedures are complied with; or
684
JCAR350722-0805174r01
685
Documentation that the unit is emptied at least once every
686
90 days;
687
688
BOARD NOTE: The Board placed the "in addition" hanging subsection
689
that appears in the federal rules after 40 CFR 262.34(a)(1)(iv)(B) in the
690
introduction to subsection (a) of this Section.
691
692
2)
The date upon which each period of accumulation begins is clearly
693
marked and visible for inspection on each container;
694
695
3)
While being accumulated on-site, each container and tank is labeled or
696
marked clearly with the words "Hazardous Waste"; and
697
698
4)
The generator complies with the requirements for owners or operators in
699
Subparts C and D of 35 Ill. Adm. Code 725 and with 35 III. Adm. Code
700
725.116 and 728.107(a)(5).
701
702
b)
A generator that accumulates hazardous waste for more than 90 days is an
703
operator of a storage facility. Such a generator is subject to the requirements of
704
35 Ill. Adm. Code 724 and 725 and the permit requirements of 35 Ill. Adm. Code
705
702, 703, and 705, unless the generator has been granted an extension of the 90-
706
day period. If hazardous wastes must remain on-site for longer than 90 days due
707
to unforeseen, temporary, and uncontrollable circumstances, the generator may
708
seek an extension of up to 30 days by means of a variance or provisional variance,
709
pursuant to Sections 35(b), 36(c), and 37(b) of the Environmental Protection Act
710
[415 ILCS 5/35(b), 36(c), and 37(b)] and 35 III. Adm. Code 180 (Agency
711
procedural regulations).
712
713
c)
Accumulation near the point of generation.
714
715
1)
A generator may accumulate as much as 55 gallons of hazardous waste or
716
one quart of acutely hazardous waste listed in 35 Ill. Adm. Code
717
721.133(e) in containers at or near any point of generation where wastes
718
initially accumulate that is under the control of the operator of the process
719
generating the waste without a permit or interim status and without
720
complying with subsection (a) of this Section, provided the generator does
721
the following:
722
723
A)
The generator complies with 35 Ill. Adm. Code 725.271, 725.272,
724
and 725.273(a); and
725
726
B)
The generator marks the containers either with the words
727
"Hazardous Waste" or with other words that identify the contents
JCAR350722-0805174r01
728
of the containers.
729
730
2)
A generator that accumulates either hazardous waste or acutely hazardous
731
waste listed in 35 III. Adm. Code 721.133(e) in excess of the amounts
732
listed in subsection (c)(1) of this Section at or near any point of generation
733
must, with respect to that amount of excess waste, comply within three
734
days with subsection (a) of this Section or other applicable provisions of
735
this Chapter. During the three day period the generator must continue to
736
comply with subsection (c)(1) of this Section. The generator must mark
737
the container holding the excess accumulation of hazardous waste with the
738
date the excess amount began accumulating.
739
740
d)
A generator that generates greater than 100 kilograms but less than 1,000
741
kilograms of hazardous waste in a calendar month may accumulate hazardous
742
waste on-site for 180 days or less without a permit or without having interim
743
status provided that the following conditions are fulfilled:
744
745
1)
The quantity of waste accumulated on-site never exceeds 6,000 kilograms;
746
747
2)
The generator complies with the requirements of Subpart
I
of 35 Ill. Adm.
748
Code 725 (except 35 Ill. Adm. Code 725.276 and 725.278);
749
750
3)
The generator complies with the requirements of 35 Ill. Adm. Code
751
725.301;
752
753
4)
The generator complies with the requirements of subsections (a)(2) and
754
(a)(3) of this Section, Subpart C of 35 Ill. Adm. Code 725, and 35 Ill.
755
Adm. Code 728.107(a)(5); and
756
757
5)
The generator complies with the following requirements:
758
759
A)
At all times there must be at least one employee either on the
760
premises or on call (i.e., available to respond to an emergency by
761
reaching the facility within a short period of time) with the
762
responsibility for coordinating all emergency response measures
763
specified in subsection (d)(5)(D) of this Section. The employee is
764
the emergency coordinator.
765
766
B)
The generator must post the following information next to the
767
telephone:
768
769
i)
The name and telephone number of the emergency
770
coordinator;
JCAR350722-0805174r01
771
772
Location of fire extinguishers and spill control material
773
and, if present, fire alarm; and
774
775
iii)
The telephone number of the fire department, unless the
776
facility has a direct alarm.
777
778
C)
The generator must ensure that all employees are thoroughly
779
familiar with proper waste handling and emergency procedures,
780
relevant to their responsibilities during normal facility operations
781
and emergencies.
782
783
D)
The emergency coordinator or designee must respond to any
784
emergencies that arise. The following are applicable responses:
785
786
i)
In the event of a fire, call the fire department or attempt to
787
extinguish it using a fire extinguisher;
788
789
In the event of a spill, contain the flow of hazardous waste
790
to the extent possible and, as soon as is practicable, clean
791
up the hazardous waste and any contaminated materials or
792
soil; and
793
794
iii)
In the event of a fire, explosion, or other release that could
795
threaten human health outside the facility, or when the
796
generator has knowledge that a spill has reached surface
797
water, the generator must immediately notify the National
798
Response Center (using its 24-hour toll free number 800-
799
424-8802).
800
801
E)
A report to the National Response Center pursuant to subsection
802
(d)(5)(D)(iii) of this Section must include the following
803
information:
804
805
i)
The name, address, and USEPA identification number
806
(Section 722.112 of this Part) of the generator;
807
808
The date, time, and type of incident (e.g., spill or fire);
809
810
iii)
The quantity and type of hazardous waste involved in the
811
incident; the extent of injuries, if any; and
812
JCAR350722-0805174r01
813
iv)
The estimated quantity and disposition of recoverable
814
materials, if any.
815
816
BOARD NOTE: The Board has codified 40 CFR
817
262.34(d)(5)(iv)(C)(1) through (d)(5)(iv)(C)(5) as subsections
818
(d)(5)(E)(i) through (d)(5)(E)(iv) because Illinois Administrative
819
Code codification requirements do not allow the use of a fifth level
820
of subsection indents.
821
822
e)
A generator that generates greater than 100 kilograms but less than 1,000
823
kilograms of hazardous waste in a calendar month and that must transport the
824
waste or offer the waste for transportation over a distance of 200 miles or more
825
for off-site treatment, storage, or disposal may accumulate hazardous waste on-
826
site for 270 days or less without a permit or without having interim status,
827
provided that the generator complies with the requirements of subsection (d) of
828
this Section.
829
830
A generator that generates greater than 100 kilograms but less than 1,000
831
kilograms of hazardous waste in a calendar month and that accumulates
832
hazardous waste in quantities exceeding 6,000 kg or accumulates hazardous waste
833
for more than 180 days (or for more than 270 days if the generator must transport
834
the waste or offer the waste for transportation over a distance of 200 miles or
835
more) is an operator of a storage facility and is subject to the requirements of 35
836
III. Adm. Code 724 and 725 and the permit requirements of 35 III. Adm. Code
837
703, unless the generator has been granted an extension to the 180-day (or 270-
838
day if applicable) period. If hazardous wastes must remain on-site for longer than
839
180 days (or 270 days if applicable) due to unforeseen, temporary, and
840
uncontrollable circumstances, the generator may seek an extension of up to 30
841
days by means of variance or provisional variance pursuant to Sections 35(b),
842
36(c), and 37(b) of the Environmental Protection Act [415 ILCS 5/35(b), 36(c),
843
and 37(b)].
844
845
A generator that generates 1,000 kilograms or greater of hazardous waste per
846
calendar month which also generates wastewater treatment sludges from
847
electroplating operations that meet the listing description for the RCRA hazardous
848
waste code F006, may accumulate F006 waste on-site for more than 90 days, but
849
not more than 180 days, without a permit or without having interim status
850
provided that the generator fulfills the following conditions:
851
852
1)
The generator has implemented pollution prevention practices that reduce
853
the amount of any hazardous substances, pollutants, or contaminants
854
entering F006 or otherwise released to the environment prior to its
855
recycling;
JCAR350722-0805174r01
856
857
2)
The F006 waste is legitimately recycled through metals recovery;
858
859
3)
No more than 20,000 kilograms of F006 waste is accumulated on-site at
860
any one time; and
861
862
4)
The F006 waste is managed in accordance with the following conditions:
863
864
A)
The F006 waste is placed in one of the following containing
865
devices:
866
867
i)
In containers and the generator complies with the
868
applicable requirements of Subparts I, AA, BB, and CC of
869
35 Ill. Adm. Code 725;
870
871
In tanks and the generator complies with the applicable
872
requirements of Subparts J, AA, BB, and CC of 35 III.
873
Adm. Code 725, except 35 Ill. Adm. Code 725.297(c) and
874
725.300; or
875
876
iii)
In containment buildings, and the generator complies with
877
Subpart DD of 35 III. Adm. Code 725 and has placed its
878
professional engineer certification that the building
879
complies with the design standards specified in 35 III.
880
Adm. Code 725.1101 in the facility's operating record prior
881
to operation of the unit. The owner or operator must
882
maintain the records listed in subsection (g)(4)(F) of this
883
Section at the facility;
884
885
B)
In addition, such a generator is exempt from all the requirements in
886
Subparts G and H of 35 Ill. Adm. Code 725, except for 35 111.
887
Adm. Code 725.211 and 725.214;
888
889
C)
The date upon which each period of accumulation begins is clearly
890
marked and visible for inspection on each container;
891
892
D)
While being accumulated on-site, each container and tank is
893
labeled or marked clearly with the words, "Hazardous Waste"; and
894
895
E)
The generator complies with the requirements for owners or
896
operators in Subparts C and D of 35 Ill. Adm. Code 725, with 35
897
Adm. Code 725.116, and with 35 III. Adm. Code 728.107(a)(5).
898
JCAR350722-0805174r01
899
F)
Required records for a containment building:
900
901
i)
A written description of procedures to ensure that the F006
902
waste remains in the unit for no more than 180 days, a
903
written description of the waste generation and
904
management practices for the facility showing that they are
905
consistent with the 180-day limit, and documentation that
906
the generator is complying with the procedures; or
907
908
Documentation that the unit is emptied at least once every
909
180 days.
910
911
BOARD NOTE: The Board has codified 40 CFR
912
262.34(g)(4)(i)(C)(1) and (g)(4)(i)(C)(2) as subsections (g)(4)(F)(i)
913
and (g)(4)(F)(ii) because Illinois Administrative Code codification
914
requirements do not allow the use of a fifth level of subsection
915
indents.
916
917
h)
A generator that generates 1,000 kilograms or greater of hazardous waste per
918
calendar month, which also generates wastewater treatment sludges from
919
electroplating operations that meet the listing description for the RCRA hazardous
920
waste code F006, and which must transport this waste or offer this waste for
921
transportation over a distance of 200 miles or more for off-site metals recovery
922
may accumulate F006 waste on-site for more than 90 days, but not more than 270
923
days, without a permit or without having interim status if the generator complies
924
with the requirements of subsections (g)(1) through (g)(4) of this Section.
925
926
i)
A generator accumulating F006 in accordance with subsections (g) and (h) of this
927
Section that accumulates F006 waste on-site for more than 180 days (or for more
928
than 270 days if the generator must transport this waste or offer this waste for
929
transportation over a distance of 200 miles or more) or which accumulates more
930
than 20,000 kilograms of F006 waste on-site is an operator of a storage facility,
931
and such a generator is subject to the requirements of 35 III. Adm. Code 724 and
932
725 and the permit requirements of 35 Ill. Adm. Code 702 and 703, unless the
933
generator has been granted an extension to the 180-day (or 270-day if applicable)
934
period or an exception to the 20,000 kilogram accumulation limit.
935
936
1)
On a case-by-case basis, the Agency must grant a provisional variance that
937
allows an extension of the accumulation time up to an additional 30 days
938
pursuant to Sections 35(b), 36(c), and 37(b) of the Act [415 ILCS 5/35(b),
939
36(c), and 37(b)] if it finds that the F006 waste must remain on-site for
940
longer than 180 days (or 270 days if applicable) due to unforeseen,
941
temporary, and uncontrollable circumstances.
JCAR350722-0805174r01
942
943
2)
On a case-by-case basis, the Agency must grant a provisional variance
944
pursuant to Sections 35(b), 36(c), and 37(b) of the Act [415 ILCS 5/35(b),
945
36(c), and 37(b)] that allows an exception to the 20,000 kilogram
946
accumulation limit if the Agency finds that more than 20,000 kilograms of
947
F006 waste must remain on-site due to unforeseen, temporary, and
948
uncontrollable circumstances.
949
950
3)
A generator must follow the procedure of 35 Ill. Adm. Code 180 (Agency
951
procedural rules) when seeking a provisional variance under subsection
952
(0(1) or (0(2) of this Section.
953
954
A member of the federal National Environmental Performance Track program
955
that generates 1,000 kg or greater of hazardous waste per month (or one kilogram
956
or more of acute hazardous waste) may accumulate hazardous waste on-site
957
without a permit or interim status for an extended period of time, provided that
958
the following conditions are fulfilled:
959
960
1)
The generator accumulates the hazardous waste for no more than 180
961
days, or for no more than 270 days if the generator must transport the
962
waste (or offer the waste for transport) more than 200 miles from the
963
generating facility;
964
965
2)
The generator first notifies USEPA Region 5 and the Agency in writing of
966
its intent to begin accumulation of hazardous waste for extended time
967
periods under the provisions of this Section. Such advance notice must
968
include the following information:
969
970
A)
The name and USEPA ID number of the facility and specification
971
of when the facility will begin accumulation of hazardous wastes
972
for extended periods of time in accordance with this Section;
973
974
B)
A description of the types of hazardous wastes that will be
975
accumulated for extended periods of time and the units that will be
976
used for such extended accumulation;
977
978
C)
A statement that the facility has made all changes to its operations;
979
procedures, including emergency preparedness procedures; and
980
equipment, including equipment needed for emergency
981
preparedness, that will be necessary to accommodate extended
982
time periods for accumulating hazardous wastes; and
983
JCAR350722-0805174r01
984
D)
If the generator intends to accumulate hazardous wastes on-site for
985
up to 270 days, a certification that a facility that is permitted (or
986
operating under interim status) under 35 Ill. Adm. Code 702 and
987
703, federal 40 CFR 270, or the corresponding regulations of a
988
sister state to receive these wastes is not available within 200 miles
989
of the generating facility;
990
991
3)
The waste is managed in the following types of units:
992
993
A)
Containers, in accordance with the applicable requirements of
994
Subparts I, AA, BB, and CC of 35 111. Adm. Code 725 and 35 111.
995
Adm. Code 724.275;
996
997
B)
Tanks, in accordance with the requirements of Subparts J, AA, BB,
998
and CC of 35 Ill. Adm. Code 725, except for Sections 725.297(c)
999
and Section 725.300;
1000
1001
C)
Drip pads, in accordance with Subpart W of 35 111. Adm. Code
1002
725; or
1003
1004
D)
Containment buildings, in accordance with Subpart DD of 35 Ill.
1005
Adm. Code 725;
1006
1007
4)
The quantity of hazardous waste that is accumulated for extended time
1008
periods at the facility does not exceed 30,000 kg;
1009
1010
5)
The generator maintains the following records at the facility for each unit
1011
used for extended accumulation times:
1012
1013
A)
A written description of procedures to ensure that each waste
1014
volume remains in the unit for no more than 180 days (or 270 days,
1015
as applicable), a description of the waste generation and
1016
management practices at the facility showing that they are
1017
consistent with the extended accumulation time limit, and
1018
documentation that the procedures are complied with; or
1019
1020
B)
Documentation that the unit is emptied at least once every 180
1021
days (or 270 days, if applicable);
1022
1023
6)
Each container or tank that is used for extended accumulation time periods
1024
is labeled or marked clearly with the words "Hazardous Waste," and for
1025
each container the date upon which each period of accumulation begins is
1026
clearly marked and visible for inspection;
JCAR350722-0805174r01
1027
1028
7)
The generator complies with the requirements for owners and operators in
1029
Subparts C and D of 35 Ill. Adm. Code 725, 35 Ill. Adm. Code 725.116,
1030
and 35 Ill. Adm. Code 728.107(a)(5). In addition, such a generator is
1031
exempt from all the requirements in Subparts G and H of 35 Ill. Adm.
1032
Code 725, except for 35 Ill. Adm. Code 725.211 and 725.214;
1033
1034
8)
The generator has implemented pollution prevention practices that reduce
1035
the amount of any hazardous substances, pollutants, or contaminants
1036
released to the environment prior to its recycling, treatment, or disposal;
1037
and
1038
1039
9)
The generator includes the following information with its federal National
1040
Environmental Performance Track Annual Performance Report, which
1041
must be submitted to the USEPA Region 5 and the Agency:
1042
1043
A)
Information on the total quantity of each hazardous waste
1044
generated at the facility that has been managed in the previous year
1045
according to extended accumulation time periods;
1046
1047
B)
Information for the previous year on the number of off-site
1048
shipments of hazardous wastes generated at the facility, the types
1049
and locations of destination facilities, how the wastes were
1050
managed at the destination facilities (e.g., recycling, treatment,
1051
storage, or disposal), and what changes in on-site or off-site waste
1052
management practices have occurred as a result of extended
1053
accumulation times or other pollution prevention provisions of this
1054
Section;
1055
1056
C)
Information for the previous year on any hazardous waste spills or
1057
accidents occurring at extended accumulation units at the facility,
1058
or during off-site transport of accumulated wastes; and
1059
1060
D)
If the generator intends to accumulate hazardous wastes on-site for
1061
up to 270 days, a certification that a facility that is permitted (or
1062
operating under interim status) under 35 Ill. Adm. Code 702 and
1063
703, federal 40 CFR 270, or the corresponding regulations of a
1064
sister state to receive these wastes is not available within 200 miles
1065
of the generating facility.
1066
1067
BOARD NOTE: The National Environmental Performance Track program is
1068
operated exclusively by USEPA. USEPA established the program in 2000 (see
1069
65 Fed. Reg. 41655 (July 6, 2000)) and amended it in 2004 (see 69 Fed. Reg.
JCAR350722-0805174r01
1070
27922 (May 17, 2004)). USEPA confers membership in the program on
1071
application of interested and eligible entities. Information about the program is
1072
available from a website maintained by USEPA: www.epa.gov/
1073
performancetrack.
1074
1075
k)
If the Agency finds that hazardous wastes must remain on-site at a federal
1076
National Environmental Performance Track member facility for longer than the
1077
180 days (or 270 days, if applicable) allowed under subsection (j) of this Section
1078
due to unforeseen, temporary, and uncontrollable circumstances, it must grant an
1079
extension to the extended accumulation time period of up to 30 days on a case-by-
1080
case basis by a provisional variance pursuant to Sections 35(b), 36(c), and 37(b)
1081
of the Act [415 ILCS 5/35(b), 36(c), and 37(b)].
1082
1083
1)
If a generator that is a member of the federal National Environmental
1084
Performance Track program withdraws from the National Environmental
1085
Performance Track program or if USEPA Region 5 terminates a generator's
1086
membership, the generator must return to compliance with all otherwise
1087
applicable hazardous waste regulations as soon as possible, but no later than six
1088
months after the date of withdrawal or termination.
1089
1090
m)
AEffective September 5, 2006, a generator that sends a shipment of hazardous
1091
waste to a designated facility with the understanding that the designated facility
1092
can accept and manage the waste and which later receives that shipment back as a
1093
rejected load or residue in accordance with the manifest discrepancy provisions of
1094
35 III. Adm. Code 724.172 or 725.172 may accumulate the returned waste on-site
1095
in accordance with subsections (a) and (b) or (d), (e), and (f) of this Section,
1096
depending on the amount of hazardous waste on-site in that calendar month.
1097
Upon receipt of the returned shipment, the generator must sign the appropriate of
1098
the following:
1099
1100
1)
Item 18c of the manifest, if the transporter returned the shipment using the
1101
original manifest; or
1102
1103
2)
Item 20 of the manifest, if the transporter returned the shipment using a
1104
new manifest.
1105
1106
(Source: Amended at 32 Ill. Reg.
, effective
)
1107
1108
SUBPART E: EXPORTS OF HAZARDOUS WASTE
1109
1110
Section 722.158 International Agreements
////
1112 a)
Any person that exports or imports hazardous waste subject to either the manifest
JCAR350722-0805174r01
1113
requirements of this Part or the universal waste management standards of 35 Ill.
1114
Adm. Code 733 which is shipped to or from designated member countries of the
1115
Organisation for Economic Co-operation and Development (OECD), as defined in
1116
subsection (a)(1) of this Section, for purposes of recovery is subject to the
1117
requirements of Subpart H of this Part. The requirements of Subparts E and F of
1118
this Part do not apply where Subpart H of this Part applies.
1119
1120
1)
For the purposes of this Subpart E, the designated OECD countries are
1121
Australia, Austria, Belgium, the Czech Republic Denmark, Finland,
1122
France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan,
1123
Luxembourg, the Netherlands, New Zealand, Norway, Portugal, the
1124
Slovak Republic, South Korea, Spain, Sweden, Switzerland, Turkey, the
1125
United Kingdom, and the United States.
1126
1127
2)
Only for the purposes of transit under this Subpart E, Canada and Mexico
1128
are considered OECD member countries.
1129
1130
b)
Any person that exports hazardous waste to or imports hazardous waste from any
1131
designated OECD member country for purposes other than recovery (e.g.,
1132
incineration, disposal, etc.), Mexico (for any purpose), or Canada (for any
1133
purpose) remains subject to the requirements of Subparts E and F of this Part.
1134
1135 (Source: Amended at 32 III. Reg.
, effective )
1136
1137
SUBPART F: IMPORTS OF HAZARDOUS WASTE
1138
1139
Section 722.160 Imports of Hazardous Waste
1140
1141
a)
Any person that imports hazardous waste from a foreign country into the United
1142
States must comply with the requirements of this Part and the special
1143
requirements of this Subpart F.
1144
1145
b)
When importing hazardous waste, a person must meet all the requirements of
1146
Section 722.120(a) for the manifest, except that the following information items
1147
are substituted:
1148
1149
1)
In place of the generator's name, address, and USEPA identification
1150
number, the name and address of the foreign generator and the importer's
1151
name, address, and USEPA identification number must be used.
1152
1153
2)
In place of the generator's signature on the certification statement, the
1154
United States importer or the importer's agent must sign and date the
1155
certification and obtain the signature of the initial transporter.
(Source: Amended at 32 Ill. Reg.
, effective
SUBPART H: TRANSFRONTIER SHIPMENTS OF
HAZARDOUS WASTE FOR RECOVERY WITHIN THE OECD
JCAR350722-0805174r01
1156
1157
c)
A person that imports hazardous waste must obtain the manifest form as provided
1158
in Section 722.121(a) or (b)(7).
1159
1160
d)
InEffective September 5, 2006, in the International Shipments block of the
1161
manifest, the importer must check the import box and enter the point of entry (city
1162
and State) into the United States.
1163
1164
e)
TheEffoctive September 5, 2006, the importer must provide the transporter with
1165
an additional copy of the manifest to be submitted by the receiving facility to
1166
USEPA in accordance with 35 Ill. Adm. Code 724.171(a)(3)
1167
725.171(a)(3), as appropriate
1168
1169
1170
1171
1172
1173
1174
Section 722.183 Notification and Consent
1175
1176
a)
Applicability. Consent must be obtained from the competent authorities of the
1177
relevant OECD importing and transit countries prior to exporting hazardous waste
1178
destined for recovery operations subject to this Subpart H. Hazardous wastes
1179
subject to amber-list controls are subject to the requirements of subsection (b) of
1180
this Section; hazardous wastes subject to red-list controls are subject to the
1181
requirements of subsection (c) of this Section; and wastes not identified on any
1182
list are subject to the requirements of subsection (d) of this Section.
1183
1184
b)
Amber-list wastes. The export from the U.S. of hazardous waste, as described in
1185
Section 722.180(a), that is amber-list waste is prohibited unless the notification
1186
and consent requirements of subsection (b)(1) or subsection (b)(2) of this Section
1187
are met.
1188
1189
1)
Transactions requiring specific consent.
1190
1191
A)
Notification. At least 45 days prior to commencement of the
1192
transfrontier movement, the notifier must provide written
1193
notification in English of the proposed transfrontier movement to
1194
the Office of Federal Activities, International Compliance
1195
Assurance Division (2254A),
1196
Amurance, Office of Compliance, Enforcement Planning,
1197
Targeting and Data Division (2222A), Environmental Protection
1198
Agency, 1200 Pennsylvania Ave., NW, 401 M St., SW,
JCAR350722-0805174r01
1199
Washington, DC 20460, and the Illinois Environmental Protection
1200
Agency, Bureau of Land, Division of Land Pollution Control, P.O.
1201
Box 19276, Springfield; IL 62794-9276, with the words
1202
"Attention: OECD Export Notification" prominently displayed on
1203
the envelope. This notification must include all of the information
1204
identified in subsection (e) of this Section. In cases where wastes
1205
having similar physical and chemical characteristics, the same
1206
United Nations classification, and the same USEPA hazardous
1207
waste codes are to be sent periodically to the same recovery
1208
facility by the same notifier, the notifier may submit one
1209
notification of intent to export these wastes in multiple shipments
1210
during a period of up to one year.
1211
1212
B)
Tacit consent. If no objection has been lodged by any concerned
1213
country (i.e., exporting, importing, or transit countries) to a
1214
notification provided pursuant to subsection (b)(1)(A) of this
1215
Section within 30 days after the date of issuance of the
1216
Acknowledgment of Receipt of notification by the competent
1217
authority of the importing country, the transfrontier movement
1218
may commence. Tacit consent expires one calendar year after the
1219
close of the 30-day period; renotification and renewal of all
1220
consents is required for exports after that date.
1221
1222
C)
Written consent. If the competent authorities of all the relevant
1223
OECD importing and transit countries provide written consent in a
1224
period less than 30 days, the transfrontier movement may
1225
commence immediately after all necessary consents are received.
1226
Written consent expires for each relevant OECD importing and
1227
transit country one calendar year after the date of that country's
1228
consent unless otherwise specified; renotification and renewal of
1229
each expired consent is required for exports after that date.
1230
1231
2)
Shipments to facilities pre-approved by the competent authorities of the
1232
importing countries to accept specific wastes for recovery.
1233
1234
A)
The notifier must provide USEPA and the Agency the information
1235
identified in subsection (e) of this Section in English, at least 10
1236
days in advance of commencing shipment to a pre-approved
1237
facility. The notification should indicate that the recovery facility
1238
is pre-approved, and may apply to a single specific shipment or to
1239
multiple shipments
as
described in subsection (b)(1)(A) of this
1240
Section. This information must be sent to the Office of
1241
Enforcement and Compliance Assurance, Office of Federal
JCAR350722-0805174r01
Activities, International Compliance Assurance Division (2254A),
(2222A), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW, 401 M St., SW, Washington; DC 20460, and the
Illinois Environmental Protection Agency, Bureau of Land,
Division of Land Pollution Control, P.O. Box 19276, Springfield;
IL 62794-9276, with the words "Attention: OECD Export
Notification – Pre-approved Facility" prominently displayed on the
envelope.
1252
B)
Shipments may commence after the notification required in
1253
subsection (b)(1)(A) of this Section has been received by the
1254
competent authorities of all concerned countries, unless the notifier
1255
has received information indicating that the competent authorities
1256
of one or more concerned countries objects to the shipment.
1257
1258
c)
Red-list wastes. The export from the U.S. of hazardous waste, as described in
1259
Section 722.180(a), that is red-list waste is prohibited unless notice is given
1260
pursuant to subsection (b)(1)(A) of this Section and the notifier receives written
1261
consent from the importing country and any transit countries prior to
1262
commencement of the transfrontier movement.
1263
1264
d)
Unlisted wastes. Waste that is not green-list waste, amber-list waste, or red-list
1265
waste and which is considered hazardous under U.S. national procedures, as
1266
defined in Section 722.180(a), is subject to the notification and consent
1267
requirements established for red-list wastes in accordance with subsection (c) of
1268
this Section. Unlisted wastes that are not considered hazardous under U.S.
1269
national procedures, as defined in Section 722.180(a), are not subject to amber-list
1270
or red-list controls when exported or imported.
1271
1272 e)
Notification information. Notifications submitted under this Section must include
1273
the following information:
1274
1275
1)
Serial number or other accepted identifier of the notification form;
1276
1277
2)
Notifier name and USEPA identification number (if applicable), address,
1278
and telephone and telefax numbers;
1279
1280
3)
Importing recovery facility name, address, telephone and telefax numbers,
1281
and technologies employed;
1282
1283
4)
Consignee name (if not the owner or operator of the recovery facility),
1284
address, and telephone and telefax numbers; whether the consignee
will
1242
1243
1244
1245
1246
1247
1248
1249
1250
1251
JCAR350722-0805174r01
1285
engage in waste exchange or storage prior to delivering the waste to the
1286
final recovery facility; and identification of recovery operations to be
1287
employed at the final recovery facility;
1288
1289
5)
Intended transporters or their agents;
1290
1291
6)
Country of export and relevant competent authority and point of departure;
1292
1293
7)
Countries of transit and relevant competent authorities and points of entry
1294
and departure;
1295
1296
8)
Country of import and relevant competent authority and point of entry;
1297
1298
9)
Statement of whether the notification is a single notification or a general
1299
notification. If general, include period of validity requested;
1300
1301
10)
Date foreseen for commencement of transfrontier movement;
1302
1303
11)
Designation of waste types from the appropriate list (e.g., amber-list waste
1304
or red-list waste and waste list code), descriptions of each waste type,
1305
estimated total quantity of each, USEPA hazardous waste code, and
1306
United Nations number for each waste type; and
1307
1308
12)
Certification/Declaration signed by the notifier that states as follows:
1309
1310
"I certify that the above information is complete and correct to the best of
1311
my knowledge. I also certify that legally-enforceable written contractual
1312
obligations have been entered into, and that any applicable insurance or
1313
other financial guarantees are or must be in force covering the
1314
transfrontier movement.
1315
Name:
Signature:
Date:
1316
1317
BOARD NOTE: The U.S. does not currently require financial assurance;
1318
however, U.S. exporters may be asked by other governments to provide
1319
and certify to such assurance as a condition of obtaining consent to a
1320
proposed movement.
1321
1322
(Source: Amended at 32 Ill. Reg.
,
effective
)
1323
JCAR350722-0805174r01
1324
Section 722.184 Tracking Document
1325
1326 a)
All U.S. parties subject to the contract provisions of Section 722.185 must ensure
1327
that a tracking document meeting the conditions of subsection (b) of this Section
1328
accompanies each transfrontier shipment of wastes subject to amber-list or red-list
1329
controls from the initiation of the shipment until it reaches the final recovery
1330
facility, including cases in which the waste is stored or exchanged by the
1331
consignee prior to shipment to the final recovery facility, except as provided in
1332
this subsection (a).
1333
1334
1)
For shipments of hazardous waste within the U.S. solely by water (bulk
1335
shipments only), the generator must forward the tracking document with
1336
the manifest to the last water (bulk shipment) transporter to handle the
1337
waste in the U.S. if exported by water (in accordance with the manifest
1338
routing procedures at Section 722.123(c)).
1339
1340
2)
For rail shipments of hazardous waste within the U.S. that originate at the
1341
site of generation, the generator must forward the tracking document with
1342
the manifest (in accordance with the routing procedures for the manifest in
1343
Section 722.123(d)) to the next non-rail transporter, if any, or the last rail
1344
transporter to handle the waste in the U.S. if exported by rail.
1345
1346
b)
The tracking document must include all information required under Section
1347
722.183 (for notification) and the following information:
1348
1349
1)
The date shipment commenced;
1350
1351
2)
The name (if not notifier), address, and telephone and telefax numbers of
1352
primary exporter;
1353
1354
3)
The company name and USEPA identification number of all transporters;
1355
1356
4)
Identification (license, registered name, or registration number) of means
1357
of transport, including types of packaging;
1358
1359
5)
Any special precautions to be taken by transporters;
1360
1361
6)
A certification or declaration signed by notifier that no objection to the
1362
shipment has been lodged as follows:
1363
1364
"I certify that the above information is complete and correct to the best of
1365
my knowledge. I also certify that legally-enforceable written contractual
1366
obligations have been entered into, that any applicable insurance or other
JCAR350722-0805174r01
1367
financial guarantees are or must be in force covering the transfrontier
1368
movement, and that:"
1369
1370
"1.
All necessary consents have been received;"
1371
1372
"2.
The shipment is directed at a recovery facility within the OECD
1373
area and no objection has been received from any of the concerned
1374
countries within the 30 day tacit consent period;"
1375
1376
"3.
The shipment is directed at a recovery facility pre-authorized for
1377
that type of waste within the OECD area, such an authorization has
1378
not been revoked, and no objection has been received from any of
1379
the concerned countries."
1380
1381
(delete sentences that are not applicable)
1382
"Name:
Signature:
Date:
"; and
1383
1384
7)
The appropriate signatures for each custody transfer (e.g., transporter,
1385
consignee, and owner or operator of the recovery facility).
1386
1387
c)
Notifiers also must comply with the special manifest requirements of Section
1388
722.154(a), (b), (c), (e), and (i) and consignees must comply with the import
1389
requirements of Subpart F of this Part.
1390
1391
d)
Each U.S. person that has physical custody of the waste from the time the
1392
movement commences until it arrives at the recovery facility must sign the
1393
tracking document (e.g., transporter, consignee, and owner or operator of the
1394
recovery facility).
1395
1396 e)
Within three working days after the receipt of imports subject to this Subpart H,
1397
the owner or operator of the U.S. recovery facility must send signed copies of the
1398
tracking document to the notifier, to the Office of Enforcement and Compliance
1399
Assurance, Office of
Federal Activites, International Compliance Assurance
1400
Division (2254A),
Compliance, Enforcement Planning, Targeting and Data
1401
Division (2222A), Environmental Protection Agency, 1200 Pennsylvania Ave.,
1402
NW 401 M St., SW, Washington; DC 20460, and to the competent authorities of
1403
the exporting and transit countries.
1404
1405
(Source: Amended at 32 Ill. Reg.
, effective
JCAR350722-0805174r01
1406
1407
Section
722.187
Reporting and Recordkeeping
1408
1409 a)
Annual reports. For all waste movements subject to this Subpart H, persons (e.g.,
1410
notifiers, recognized traders, etc.) that meet the definition of primary exporter in
1411
Section 722.151 must file an annual report with the Office of Enforcement and
1412
Compliance Assurance, Office of Federal Activities, International Compliance
1413
Assurance Division (2254A),
1414
.
f.• •
, U.S. Environmental Protection Agency, 1200
1415
Pennsylvania Ave., NW, 401 M St., SW, Washington; DC 20460 and the Illinois
1416
Environmental Protection Agency, Bureau of Land, Division of Land Pollution
1417
Control, P.O. Box 19276, Springfield; IL 62794, no later than March 1 of each
1418
year summarizing the types, quantities, frequency, and ultimate destination of all
1419
such hazardous waste exported during the previous calendar year. (If the primary
1420
exporter is required to file an annual report for waste exports that are not covered
1421
under this Subpart H, the person filing may include all export information in one
1422
report provided the following information on exports of waste destined for
1423
recovery within the designated OECD member countries is contained in a
1424
separate Section). Such reports must include the following information:
1425
1426
1)
The USEPA identification number, name, and mailing and site address of
1427
the notifier filing the report;
1428
1429
2)
The calendar year covered by the report;
1430
1431
3)
The name and site address of each final recovery facility;
1432
1433
4)
By final recovery facility, for each hazardous waste exported, a
1434
description of the hazardous waste, the USEPA hazardous waste number
1435
(from Subpart C or D of 35 Ill. Adm. Code 721); the designation of waste
1436
types from the OECD waste list and applicable waste code from the
1437
OECD lists, as described in the annex to OECD Council Decision
1438
C(88)90/Final, as amended by C(94)152/Final, incorporated by reference
1439
in 35 III. Adm. Code 720.111(a), USDOT hazard class; the name and
1440
USEPA identification number (where applicable) for each transporter
1441
used; the total amount of hazardous waste shipped pursuant to this Subpart
1442
H; and number of shipments pursuant to each notification;
1443
1444
5)
In even numbered years, for each hazardous waste exported, except for
1445
hazardous waste produced by exporters of greater than 100 kilograms (kg)
1446
but less than 1,000 kg in a calendar month, and except for hazardous waste
1447
for which information was already provided pursuant to Section 722.141:
1448
. -
JCAR350722-0805174r01
1449?
A)?
A description of the efforts undertaken during the year to reduce
1450?
the volume and toxicity of waste generated; and
1451
1452?
B)?
A description of the changes in volume and toxicity of the waste
1453?
actually achieved during the year in comparison to previous years
1454?
to the extent such information is available for years prior to 1984;
1455?
and
1456
1457?
6)?
A certification signed by the person acting as primary exporter that states
1458?
as follows:
1459
1460?
"I certify under penalty of law that I have personally examined and am
1461
?
familiar with the information submitted in this and all attached documents,
1462?
and that based on my inquiry of those individuals immediately responsible
1463?
for obtaining the information, I believe that the submitted information is
1464?
true, accurate, and complete. I am aware that there are significant penalties
1465?
for submitting false information including the possibility of fine and
1466
?
imprisonment."
1467
1468?b)?
Exception reports. Any person that meets the definition of primary exporter in
1469?
Section 722.151 must file with USEPA and the Agency an exception report in lieu
1470?
of the requirements of Section 722.142 if any of the following occurs:
1471
1472?
1)?
The person has not received a copy of the tracking documentation signed
1473
?
by the transporter stating point of departure of the waste from the United
1474?
States within 45 days from the date it was accepted by the initial
1475?
transporter;
1476
1477?
2)?
Within 90 days from the date the waste was accepted by the initial
1478
?
transporter, the notifier has not received written confirmation from the
1479?
recovery facility that the hazardous waste was received; or
1480
1481?
3)?
The waste is returned to the United States.
1482
1483?
c)
?
Recordkeeping.
1484
1485
?
1)
?
Persons that meet the definition of primary exporter in Section 722.151
1486?
must keep the following records:
1487
1488?
A)
?
A copy of each notification of intent to export and all written
1489?
consents obtained from the competent authorities of concerned
1490
?
countries, for a period of at least three years from the date the
1491
?
hazardous waste was accepted by the initial transporter;
JCAR350722-0805174r01
1492
1493
B)
A copy of each annual report, for a period of at least three years
1494
from the due date of the report; and
1495
1496
C)
A copy of any exception reports and a copy of each confirmation
1497
of delivery (i.e., tracking documentation) sent by the recovery
1498
facility to the notifier, for at least three years from the date the
1499
hazardous waste was accepted by the initial transporter or received
1500
by the recovery facility, whichever is applicable.
1501
1502
2)
The periods of retention referred to in this Section are extended
1503
automatically during the course of any unresolved enforcement action
1504
regarding the regulated activity or as requested by USEPA or the Agency.
1505
1506
(Source: Amended at 32 Ill. Reg.
, effective
