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TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 722

STANDARDS APPLICABLE TO

GENERATORS OF HAZARDOUS WASTE

Purpose, Scope, and Applicability

Hazardous Waste Determination

USEPA Identification Numbers

Electronic Reporting

SUBPART B: THE MANIFEST

Manifest Tracking Numbers, Manifest Printing, and Obtaining

Number of Copies

Use of the Manifest

Waste Minimization Certification

SUBPART C: PRE-TRANSPORT REQUIREMENTS

RECORDKEEPING AND REPORTING

Special Requirements for Generators of between 100 and 1,000

kilograms per month

SUBPART E: EXPORTS OF HAZARDOUS WASTE

Notification of Intent to Export

Special Manifest Requirements

International Agreements

SUBPART F: IMPORTS OF HAZARDOUS WASTE

Section

722.160

Imports of Hazardous Waste

SUBPART H: TRANSFRONTIER SHIPMENTS OF

HAZARDOUS WASTE FOR RECOVERY WITHIN THE OECD

Notification and Consent

Provisions Relating to Recognized Traders

722.187

Reporting and Recordkeeping

' ke • A Hazardous Waste Manifest

AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of

the Environmental Protection Act [415 ILCS 5/7.2, 22.4, and 27].

SOURCE: Adopted in R81-22 at 5 Ill. Reg. 9781, effective May 17, 1982; amended

and codified in R81-22 at 6 Ill. Reg. 4828, effective May 17, 1982; amended in

R82-18 at 7 Ill. Reg. 2518, effective February 22, 1983; amended in R84-9 at 9

Ill. Reg. 11950, effective July 24, 1985; amended in R85-22 at 10 Ill. Reg.

1131, effective January 2, 1986; amended in R86-1 at 10 Ill. Reg. 14112,

effective August 12, 1986; amended in R86-19 at 10 Ill. Reg. 20709, effective

December 2, 1986; amended in R86-46 at 11 M. Reg. 13555, effective August 4,

1987; amended in R87-5 at 11 Ill. Reg. 19392, effective Nov.November 12, 1987;

amended in R87-39 at 12 Ill. Reg. 13129, effective July 29, 1988; amended in

R88-16 at 13 Ill. Reg. 452, effective December 27, 1988; amended in R89-1 at 13

Ill. Reg. 18523, effective Nov.November 13, 1989; amended in R90-10 at 14 Ill.

Reg. 16653, effective Scpt.September 25, 1990; amended in R90-11 at 15 Ill. Reg.

9644, effective June 17, 1991; amended in R91-1 at 15 Ill. Reg. 14562, effective

October 1, 1991; amended in R91-13 at 16 Ill. Reg. 9833, effective June 9, 1992;

amended in R92-1 at 16 Ill. Reg. 17696, effective Nov.November 6, 1992; amended

in R93-4 at 17 Ill. Reg. 20822, effective Nov.November 22, 1993; amended in R95-

6 at 19 Ill. Reg. 9935, effective June 27, 1995; amended in R95-20 at 20 Ill.

Reg. 11236, effective August 1, 1996; amended in R96-10/R97-3/R97-5 at 22 Ill.

Reg. 603, effective December 16, 1997; amended in R97-21/R98-3/R98-5 at 22 Ill.

Reg. 17950, effective Gcpt.September 28, 1998; amended in R00-5 at 24 Ill. Reg.

1136, effective January 6, 2000; amended in R00-13 at 24 Ill. Reg. 9822,

effective June 20, 2000; expedited correction at 25 Ill. Reg. 5105, effective

June 20, 2000; amended in R05-2 at 29 Ill. Reg. 6312, effective April 22, 2005;

amended in R06-5/R06-6/R06-7 at 30 Ill. Reg. 3138, effective February 23, 2006;

amended in R06-16/R06-17/R06-18 at 31 Ill. Reg. 871, effective December 20,

2006; amended in R07-5/R07-14 at 32 Ill. Reg. ?--, effective

SUBPART B: THE MANIFEST

A generator that transports hazardous waste or offers a hazardous

waste for transportation for off-site treatment, storage, or disposal or

effective cpt. 5, 2000, a treatment, storage, or disposal facility that offers

for transport a rejected load of hazardous waste must prepare a manifest on

USEPA Form 8700-22 (and, if necessary, on USEPA Form 8700-22A) according to the

instructions included in the appendix to 40 CFR 262 (Uniform Hazardous Waste

Manifest and Instructions (EPA Forms 8700-22 and 8700-22A and Their

Instructions)), incorporated by reference in 35 Ill. Adm. Code 720.111(b).

2)?

Manifest amendments effective dates.

The revised manifest form and procedures in 35 Ill. Adm. Codc 720.110 and

1, 2005), will not apply until Sept. 5, 2006.

The existing manifest form and procedures in 35 Ill. Adm. Codc 720.110 and

721.107, this Section, and cctions 722.121, 722.127, 722.132 through 722.134,

722.154 and in Appendix A to this ?

rt will apply until opt. 5, 2006.

A generator must designate on the manifest one receiving facility that is

permitted to handle the waste described on the manifest.

A generator may also designate on the manifest one alternate receiving

facility that is permitted to handle his waste in the event an emergency

prevents delivery of the waste to the primary designated facility.

If the transporter is unable to deliver the hazardous waste to the

designated receiving facility or the alternate facility, the generator must

either designate another receiving facility or instruct the transporter to

return the waste.

The requirements of this Subpart B do not apply to hazardous waste

produced by generators of greater than 100 kg but less than 1,000 kg in a

calendar month where the following conditions are fulfilled:

1) The waste is reclaimed under a contractual agreement that specifies the

type of waste and frequency of shipments;

The vehicle used to transport the waste to the recycling facility and to

deliver regenerated material back to the generator is owned and operated by the

reclaimer of the waste; and

The generator maintains a copy of the reclamation agreement in his files

for a period of at least three years after termination or expiration of the

agreement.

f)?

The requirements of this Subpart B and Section 722.132(b) do not apply to

the transport of hazardous wastes on a public or private right-of-way within or

along the border of contiguous property under the control of the same person,

even if such contiguous property is divided by a public or private right-of-way.

Notwithstanding 35 Ill. Adm. Code 723.110(a), the generator or transporter must

comply with the requirements for transporters set forth in 35 Ill. Adm. Code

723.139 and 723.131 in the event of a discharge of hazardous waste on a public

or private right-of-way.

(Source: Amended at 32 Ill. Reg.

, effective ?

Section 722.121?

Manifest Tracking Numbers, Manifest Printing, and Obtaining

Manifests

The following requirements apply until cpt. 5, 2006:

If the State of Illinois is the state to whic

C.1

the Agency.

If the tats of Illinois is not the designated receiving state, the

the generator must use the manifes

The following requirements apply effective

USEPA approval of manifest.

Al) A registrant may not print the manifest or have the manifest printed for

use or distribution, unless it has received approval from the USEPA Director of

the Office of Solid Waste to do so pursuant to 40 CFR 262.21(c) and (e), as

described in subsections (b)(3) (c) and (b)(5) (e) of this Section.

E2)?

The approved registrant is responsible for ensuring that the organizations

identified in its application are in compliance with the procedures of its

approved application and the requirements of 40 CFR 262.21, as described in this–

subsection (b) Section. The registrant is responsible for assigning manifest

tracking numbers to its manifests.

2-b) A registrant must submit an initial application to the USEPA Director of

the Office of Solid Waste that contains the following information:

Al)?

The name and mailing address of registrant;

E2)

The name, telephone number, and email address of contact person;

03)?

A brief description of registrant's government or business activity;

D4)?

The USEPA identification number of the registrant, if applicable;

E5) A description of the scope of the operations that the registrant plans to

undertake in printing, distributing, and using its manifests, including the

following:

1AA) A description of the printing operation. The description should include ,

an explanation of whether the registrant intends to print its manifests in-house

(i.e., using its own printing establishments) or through a separate (i.e.,

unaffiliated) printing company. If the registrant intends to use a separate

printing company to print the manifest on its behalf, the application must

identify this printing company and discuss how the registrant will oversee the

company. If this includes the use of intermediaries (e.g., prime and

subcontractor relationships), the role of each must be discussed. The

application must provide the name and mailing address of each company. It also

must provide the name and telephone number of the contact person at each

company;

iiRla) A description of how the registrant will ensure that its organization and

unaffiliated companies, if any, comply with the requirements of 40 CFR 262.21,

as described in this cubooction (b) Section. The application must discuss how

the registrant will ensure that a unique manifest tracking number will be

preprinted on each manifest. The application must describe the internal control

procedures to be followed by the registrant and unaffiliated companies to ensure

that numbers are tightly controlled and remain unique. In particular, the

application must describe how the registrant will assign manifest tracking

numbers to its manifests. If computer systems or other infrastructure will be

used to maintain, track, or assign numbers, these should be indicated. The

application must also indicate how the printer will pre-print a unique number on

each form (e.g., crash or press numbering). The application also must explain

the other quality procedures to be followed by each establishment and printing

company to ensure that all required print specifications are consistently

achieved and that printing violations are identified and corrected at the

earliest practicable time; and

iiiCC)?

An indication of whether the registrant intends to use the manifests

for its own business operations or to distribute the manifests to a separate

company or to the general public (e.g., for purchase);

F6) A brief description of the qualifications of the company that will print

the manifest. The registrant may use readily available information to do so

(e.g., corporate brochures, product samples, customer references, documentation

of ISO certification), so long as such information pertains to the

establishments or company being proposed to print the manifest;

G7)?

Proposed unique three-letter manifest tracking number suffix. If the

registrant is approved to print the manifest, the registrant must use this

suffix to pre-print a unique manifest tracking number on each manifest; and

148)

A signed certification by a duly authorized employee of the registrant

that the organizations and companies in its application will comply with the

procedures of its approved application and the requirements of 40 CFR 262.21, as

described in this subccction (b) Section and that it will notify the Agency and

the USEPA Director of the Office of Solid Waste of any duplicated manifest

tracking numbers on manifests that have been used or distributed to other

parties as soon as this becomes known.

3-c)?

USEPA will review the application submitted under subsection (b)(2) (b) of

this Section and either approve it or request additional information or

modification before approving it.

4d)?

Submission of document samples.

Al)?

Upon USEPA approval of the application pursuant to 40 CFR 262.21(c), as

described in subsection (b)(3) (c) of this Section, USEPA will provide the

registrant an electronic file of the manifest, continuation sheet, and manifest

instructions and ask the registrant to submit three fully assembled manifests

and continuation sheet samples, except as noted in 40 CFR 262.21(d)(3), as

described in subsection (b)(4)(C) (d)(3) of this Section. The registrant's

samples must meet all of the specifications in 40 CFR 262.21(f), as described in

subsection (b)(6) (f) of this Section, and be printed by the company that will

print the manifest as identified in the application approved by USEPA pursuant

to 40 CFR 262.21(c), as described in subsection (b)(3) (c) of this Section.

R2)?

The registrant must submit a description of the manifest samples as

follows

) The paper type (i.e., manufacturer and grade of the manifest paper);

iiDE) The paper weight of each copy;

iiiCC)?

The ink color of the manifest's instructions. If screening of the

ink was used, the registrant must indicate the extent of the screening; and

ivIDD) The method of binding the copies.

G3) The registrant need not submit samples of the continuation sheet if it

will print its continuation sheet using the same paper type, paper weight of

each copy, ink color of the instructions, and binding method as its manifest

form samples.

Re) USEPA will evaluate the forms and either approve the registrant to print

them as proposed or request additional information or modification to them

before approval. USEPA will notify the registrant of its decision by mail. The

registrant cannot use or distribute its forms until USEPA approves them. An

approved registrant must print the manifest and continuation sheet according to

its application approved by USEPA pursuant to 40 CFR 262.21(c), as described in

subsection (b)(3) (c.) of this Section and the manifest specifications in 40 CFR

262.21(f), as described in subsection (b)(C) (f) of this Section. It also must

print the forms according to the paper type, paper weight, ink color of the

manifest instructions and binding method of its approved forms.

-6-f)?

Paper manifests and continuation sheets must be printed according to the

following specifications:

Al)?

The manifest and continuation sheet must be printed with the exact format

and appearance as USEPA Forms 8700-22 and 8700-22A, respectively. However,

information required to complete the manifest may be preprinted on the manifest

form.

$2) A unique manifest tracking number assigned in accordance with a numbering

system approved by USEPA must be pre-printed in Item 4 of the manifest. The

tracking number must consist of a unique three-letter suffix following nine

digits.

G3)?

The manifest and continuation sheet must be printed on 81/2–? x 11-inch

white paper, excluding common stubs (e.g., top- or side-bound stubs). The paper

must be durable enough to withstand normal use.

D4)?

The manifest and continuation sheet must be printed in black ink that can

be legibly photocopied, scanned, and faxed, except that the marginal words

indicating copy distribution must be in red ink.

E5)?

The manifest and continuation sheet must be printed as six-copy forms.

Copy-to-copy registration must be exact within 1/32 inch. Handwritten and typed

impressions on the form must be legible on all six copies. Copies must be bound

together by one or more common stubs that reasonably ensure that they will not

become detached inadvertently during normal use.

F6)?

Each copy of the manifest and continuation sheet must indicate how the

copy must be distributed, as follows:

i-AA) Page 1 (top copy): "Designated facility to destination State (if

required)."

iiDa) Page 2: "Designated facility to generator State (if required)."

iiiUC)

Page 3: "Designated facility to generator."

ivDD) Page 4: "Designated facility's copy."

) Page 5:?

"Transporter's copy."

viFE) Page 6 (bottom copy): "Generator's initial copy."

G7)?

The instructions in the appendix to 40 CFR 262 (Uniform Hazardous Waste

Manifest and Instructions (EPA Forms 8700-22 and 8700-22A and Their

Instructions)), incorporated by reference in 35 Ill. Adm. Code 720.111(b), must

appear legibly on the back of the copies of the manifest and continuation sheet

as provided in 40 CFR 262.21(f), as described in this subsection (b)(6) and

subsection (b)(14) of this Section (f). The instructions must not be visible

through the front of the copies when photocopied or faxed.

as amcndcd at 70 Fed. Rcg. 10776 (March 4, 200

(b)(14)(D) to comport with Illinois Administrative Codc codifi ation

requirements.

A)?

Manifest Form 8700-22.

The "Instructions for Generators" on Copy 6;

ii)

The "Instructions for International Shipment Block" and "Instructions for

Transporters" on Copy 5; and

iii)

The "Instructions for Treatment, Storage, and Disposal Facilities" on Copy

Manifest Form 8700-22A.

i) The "Instructions for Generators" on Copy 6;

ii) The "Instructions for Transporters" on Copy 5; and

iii) The "Instructions for Treatment, Storage, and Disposal Facilities" on Copy

Use of approved manifests.

Al) A generator may use manifests printed by any source so long as the source

of the printed form has received approval from USEPA to print the manifest

pursuant to 40 CFR 262.21(c) and (e), as described in subsections (b)(3) (c) and—

(b)(5) (e) of this Section. A registered source may be any of the following:

A.L)

A state agency;

iiPB) A commercial printer;

iiiCC)?

A hazardous waste generator, transporter, or treatment, storage, or

disposal facility; or

ivDD) A hazardous waste broker or other preparer who prepares or arranges

shipments of hazardous waste for transportation.

B2) The waste generator must determine whether the generator state or the

consignment state for a shipment regulates any additional wastes (beyond those

regulated federally) as hazardous wastes under these states' authorized

programs. The generator must also determine whether the consignment state or

generator state requires the generator to submit any copies of the manifest to

these states. In cases where the generator must supply copies to either the

generator's state or the consignment state, the generator is responsible for

supplying legible photocopies of the manifest to these states.

4h)?

Manifest revisions.

Al)?

If an approved registrant would like to update any of the information

provided in its application approved by USEPA pursuant to 40 CFR 262.21(c), as

described in subsection (b)(3) (c) of this Section (e.g., to update a company

phone number or name of contact person), the registrant must revise the

application and submit it to the USEPA Director of the Office of Solid Waste,

along with an indication or explanation of the update, as soon as practicable

after the change occurs. The USEPA will either approve or deny the revision.

If USEPA denies the revision, it will explain the reasons for the denial, and it

will contact the registrant and request further modification before approval.

2,2)?

If the registrant would like a new tracking number suffix, the registrant

must submit a proposed suffix to the USEPA Director of the Office of Solid

Waste, along with the reason for requesting it. USEPA will either approve the

suffix or deny the suffix and provide an explanation why it is not acceptable.

G3)?

If a registrant would like to change the paper type, paper weight, ink

color of the manifest instructions, or binding method of its manifest or

continuation sheet subsequent to approval by USEPA pursuant to 40 CFR 262.21(e),

as described in this subsection (b)(5) (e) of this Section, then the registrant

must submit three samples of the revised form for USEPA review and approval. If

the approved registrant would like to use a new printer, the registrant must

submit three manifest samples printed by the new printer, along with a brief

description of the printer's qualifications to print the manifest. USEPA will

evaluate the manifests and either approve the registrant to print the forms as

proposed or request additional information or modification to them before

approval. USEPA will notify the registrant of its decision by mail. The

registrant cannot use or distribute its revised forms until USEPA approves them.

If, subsequent to its approval by USEPA pursuant to 40 CFR 262.21(e), as

described in subsection (b)(5) (e) of this Section, a registrant typesets its

manifest or continuation sheet instead of using the electronic file of the forms

provided by USEPA, it must submit three samples of the manifest or continuation

sheet to the registry for approval. USEPA will evaluate the manifests or

continuation sheets and either approve the registrant to print them as proposed

or request additional information or modification to them before approval.

USEPA will notify the registrant of its decision by mail. The registrant cannot

use or distribute its typeset forms until USEPA approves them.

10j) USEPA may exempt a registrant from the requirement to submit form samples

pursuant to 40 CFR 262.21(d) or (h)(3), as described in subsection (b)(4) (d) or-

(b)(8)(C) (h)(3) of this Section, if USEPA is persuaded that a separate review

of the registrant's forms would serve little purpose in informing an approval

decision (e.g., a registrant certifies that it will print the manifest using the

same paper type, paper weight, ink color of the instructions, and binding method

of the form samples approved for some other registrant). A registrant may

request an exemption from USEPA by indicating why an exemption is warranted.

11k) An approved registrant must notify USEPA by phone or email as soon as it

becomes aware that it has duplicated tracking numbers on any manifests that have

been used or distributed to other parties.

121) If, subsequent to approval of a registrant by USEPA pursuant to 40 CFR

262.21(e), as described in subsection (b)(5) (e) of this Section, USEPA becomes

aware that the approved paper type, paper weight, ink color of the instructions,

or binding method of the registrant's form is unsatisfactory, USEPA will contact

the registrant and require modifications to the form.

13m) Effects of non-compliance.

Al)?

USEPA may suspend and, if necessary, revoke printing privileges if we find

that the registrant has done either of the following:

AA)

The registrant has used or distributed forms that deviate from its

approved form samples in regard to paper weight, paper type, ink color of the

instructions, or binding method; or

iiIa) The registrant exhibits a continuing pattern of behavior in using or

distributing manifests that contain duplicate manifest tracking numbers.

2,2)?

USEPA will send a warning letter to the registrant that specifies the date

by which it must come into compliance with the requirements. If the registrant

does not come in compliance by the specified date, USEPA will send a second

letter notifying the registrant that USEPA has suspended or revoked its printing

privileges. An approved registrant must provide information on its printing

activities to the Agency and USEPA if requested.

14)?

Rcquircd manifcst instructions.

Manifcst Form 0700 22.

ii)

Transporters" on Copy 5, and

Manifcct Form 0700 22A.

Thc "Instructions for Ccncrators" on Copy 6,

ii)

Thc "Instructions for Tran-

iii)

Thc "Instructions for Treatment, Storage, and Disposal Facilitice" on Copy

? ?

262.21(f)(7)(1) and (f)(7)(ii) (2004), as amended at 70 Fed. Reg. 10776 (March

202.21(f)(7)(1) and (f)(7)(ii) to appear as subsections .

(b)(14)(A) and

(b)(14)(B) of this cction to comport with Illinois Administrative Codc

codification requirements.

BOARD NOTE:

ubccction (a) is derived from 10 CFI 262.21 (2004), effective

le-

....ffcctivc Sept. 5, 2006.

(Source: Amended at 32 Ill. Reg.

—, effective ?

Section 722.127?

Waste Minimization Certification

A generator that initiates a shipment of hazardous

waste must certify to one of the following statements in Item 15 of the uniform

hazardous waste manifest:

"I am a large quantity generator. I have a program in place to reduce the

volume and toxicity of waste generated to the degree I have determined to be

economically practicable and I have selected the practicable method of

treatment, storage, or disposal currently available to me which minimizes the

present and future threat to human health and the environment"; or

"I am a small quantity generator. I have made a good faith effort to

minimize my waste generation and select the best waste management method that is

available to me and that I can afford."

BOARD NOTE: 35 Ill. Adm. Code 720.110 defines a "small quantity generator" as a

generator that generates less than 1,000 kilograms of hazardous waste in any

calendar month. There is no corresponding definition of "large quantity

generator" in the federal regulations, but the Board interprets the term to mean

a hazardous waste generator that is not a small quantity generator.

(Source: Amended at 32 Ill. Reg.

, effective

SUBPART C: PRE-TRANSPORT REQUIREMENTS

Section 722.132

Marking

Before transporting or offering hazardous waste for transportation off-

site, a generator must mark each package of hazardous waste in accordance with

the applicable USDOT regulations on hazardous materials under 49 CFR 172

(Hazardous Materials Table, Special Provisions, Hazardous Materials

Communications, Emergency Response Information, and Training Requirements),

incorporated by reference in 35 Ill. Adm. Code 720.111(b);

Marking small containers.

1)?

Until Ccpt. 5, 2006, bcforc Before transporting hazardous waste or

offering hazardous waste for transportation off-site, a generator must mark each

container of '115450 liters (110 gallons) or less that is used in such

transportation with the following words and information displayed in accordance

with the requirements of 49 CFR 172.304 (Marking Requirements), incorporated by

reference in 35 Ill. Adm. Code 720.111(b):

HAZARDOUS WASTE?

Federal Law Prohibits Improper Disposa .

thc nearest police r public safety authority or thc U.S. Envir nm -atal

Protection Agency.

Manifest Documc

transportation with thc following words and information displayed in accordancc

with thc requirements of 49 CFR 172.304 (Marking Requirements), incorporated by

rcfcrcncc in 35 Ill. Adm. Codc 720.111(b).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

262.32(b) (2005), effective Sept. 5, 2006.

(Source: Amended at 32 Ill. Reg.

Section 722.133

Placarding

Until .

cpt. 5, 2006, bcforc transporting hazardous waste or offering

hazardous waste for transportation off -

by rcfcrcncc in 35 Ill. Adm. Codc 720.111(b).b)

Placardinq

, effective

Before transporting hazardous waste or offering hazardous waste for

transportation off-site, a generator must placard or offer the initial

transporter the appropriate placards according to USDOT regulations for

hazardous materials under subpart F of 49 CFR 172 (Placarding), incorporated by

reference in 35 Ill. Adm. Code 720.111(b). If placards are not required, a

generator must mark each motor vehicle according to 49 CFR 171.3(b)(1)

(Hazardous Waste), incorporated by reference in 35 Ill. Adm. Code 720.111(b).

(Source: Amended at 32 Ill. Reg.

Except as provided in subsection (d), (e), (f), (g), (h), or (i) of this

Section, a generator is exempt from all the requirements in Subparts G and H of

35 Ill. Adm. Code 725, except for 35 Ill. Adm. Code 725.211 and 725.214, and may

accumulate hazardous waste on-site for 90 days or less without a permit or

without having interim status, provided that the following conditions are

fulfilled:

1)?

The waste is placed in or on one of the following types of units, and the

generator complies with the applicable requirements:

A)?

In containers, and the generator complies with Subparts I, AA, BB, and CC

of 35 Ill. Adm. Code 725;

B)?

In tanks, and the generator complies with Subparts J, AA, BB, and CC of 35

Ill. Adm. Code 725, except 35 Ill. Adm. Code 725.297(c) and 725.300;

On drip pads, and the generator complies with Subpart W of 35 Ill. Adm.

Code 725 and maintains the following records at the facility:

A description of the procedures that will be followed to ensure that all

wastes are removed from the drip pad and associated collection system at least

once every 90 days; and

ii)

Documentation of each waste removal, including the quantity of waste

removed from the drip pad and the sump or collection system and the date and

time of removal; or

In containment buildings, and the generator complies with Subpart DD of 35

Ill. Adm. Code 725 (has placed its Professional Engineer (PE) certification that

the building complies with the design standards specified in 35 Ill. Adm. Code

725.1101 in the facility's operating record prior to the date of initial

operation of the unit).?

The owner or operator must maintain the following

records at the facility:

A written description of procedures to ensure that each waste volume

remains in the unit for no more than 90 days, a written description of the waste

generation and management practices for the facility showing that they are

consistent with respect to the 90 day limit, and documentation that the

procedures are complied with; or

ii)

Documentation that the unit is emptied at least once every 90 days;

BOARD NOTE: The Board placed the "in addition" hanging subsection that

appears in the federal rules after 40 CFR 262.34(a)(1)(iv)(B) in the

introduction to subsection (a) of this Section.

2) The date upon which each period of accumulation begins is clearly marked

and visible for inspection on each container;

3) While being accumulated on-site, each container and tank is labeled or

marked clearly with the words "Hazardous Waste"; and

4) The generator complies with the requirements for owners or operators in

Subparts C and D of 35 Ill. Adm. Code 725 and with 35 Ill. Adm. Code 725.116 and

728.107(a)(5).

b)?

A generator that accumulates hazardous waste for more than 90 days is an

operator of a storage facility. Such a generator is subject to the

requirements of 35 Ill. Adm. Code 724 and 725 and the permit requirements of 35

Ill. Adm. Code 702, 703, and 705, unless the generator has been granted an

extension of the 90-day period. If hazardous wastes must remain on-site for

longer than 90 days due to unforeseen, temporary, and uncontrollable

circumstances, the generator may seek an extension of up to 30 days by means of

a variance or provisional variance, pursuant to Sections 35(b), 36(c), and 37(b)

of the Environmental Protection Act [415 ILCS 5/35(b), 36(c), and 37(b)] and 35

Ill. Adm. Code 180 (Agency procedural regulations).

c)?

Accumulation near the point of generation.

1)?

A generator may accumulate as much as 55 gallons of hazardous waste or one

quart of acutely hazardous waste listed in 35 Ill. Adm. Code 721.133(e) in

containers at or near any point of generation where wastes initially accumulate

that is under the control of the operator of the process generating the waste

without a permit or interim status and without complying with subsection (a) of

this Section, provided the generator does the following:

The generator complies with 35 Ill. Adm. Code 725.271, 725.272, and

725.273(a); and

The generator marks the containers either with the words "Hazardous

Waste" or with other words that identify the contents of the containers.

2)?

A generator that accumulates either hazardous waste or acutely hazardous

waste listed in 35 Ill. Adm. Code 721.133(e) in excess of the amounts listed in

subsection (c)(1) of this Section at or near any point of generation must, with

respect to that amount of excess waste, comply within three days with subsection

(a) of this Section or other applicable provisions of this Chapter. During the

three day period the generator must continue to comply with subsection (c)(1) of

this Section. The generator must mark the container holding the excess

accumulation of hazardous waste with the date the excess amount began

accumulating.

d) A generator that generates greater than 100 kilograms but less than 1,000

kilograms of hazardous waste in a calendar month may accumulate hazardous waste

on-site for 180 days or less without a permit or without having interim status

provided that the following conditions are fulfilled:

The quantity of waste accumulated on-site never exceeds 6,000 kilograms;

2) The generator complies with the requirements of Subpart I of 35 Ill. Adm.

Code 725 (except 35 Ill. Adm. Code 725.276 and 725.278);

3) The generator complies with the requirements of 35 Ill. Adm. Code 725.301;

4) The generator complies with the requirements of subsections (a)(2) and

(a)(3) of this Section, Subpart C of 35 Ill. Adm. Code 725, and 35 Ill. Adm.

Code 728.107(a)(5); and

The generator complies with the following requirements:

A)?

At all times there must be at least one employee either on the premises or

on call (i.e., available to respond to an emergency by reaching the facility

within a short period of time) with the responsibility for coordinating all

emergency response measures specified in subsection (d) (5) (D) of this Section.

The employee is the emergency coordinator.

The generator must post the following information next to the telephone:

The name and telephone number of the emergency coordinator;

ii) Location of fire extinguishers and spill control material and, if present,

fire alarm; and

iii) The telephone number of the fire department, unless the facility has a

direct alarm.

The generator must ensure that all employees are thoroughly familiar with

proper waste handling and emergency procedures, relevant to their

responsibilities during normal facility operations and emergencies.

D)?

The emergency coordinator or designee must respond to any emergencies that

arise. The following are applicable responses:

i) In the event of a fire, call the fire department or attempt to extinguish

it using a fire extinguisher;

ii) In the event of a spill, contain the flow of hazardous waste to the extent

possible and, as soon as is practicable, clean up the hazardous waste and any

contaminated materials or soil; and

iii) In the event of a fire, explosion, or other release that could threaten

human health outside the facility, or when the generator has knowledge that a

spill has reached surface water, the generator must immediately notify the

National Response Center (using its 24-hour toll free number 800-424-8802).

E)?

A report to the National Response Center pursuant to subsection

(d)(5)(D)(iii) of this Section must include the following information:

The name, address, and USEPA identification number (Section 722.112 of

this Part) of the generator;

ii)

The date, time, and type of incident (e.g., spill or fire);

iii)

The quantity and type of hazardous waste involved in the incident; the

extent of injuries, if any; and

iv)?

The estimated quantity and disposition of recoverable materials, if any.

BOARD NOTE: The Board has codified 40 CFR 262.34(d)(5)(iv)(C)(1) through

(d) (5) (iv) (C) (5) as subsections (d) (5) (E) (i) through (d) (5) (E) (iv) because

Illinois Administrative Code codification requirements do not allow the use of a

fifth level of subsection indents.

A generator that generates greater than 100 kilograms but less than 1,000

kilograms of hazardous waste in a calendar month and that must transport the

waste or offer the waste for transportation over a distance of 200 miles or more

for off-site treatment, storage, or disposal may accumulate hazardous waste on-

site for 270 days or less without a permit or without having interim status,

provided that the generator complies with the requirements of subsection (d) of

this Section.

A generator that generates greater than 100 kilograms but less than 1,000

kilograms of hazardous waste in a calendar month and that accumulates hazardous

waste in quantities exceeding 6,000 kg or accumulates hazardous waste for more

than 180 days (or for more than 270 days if the generator must transport the

waste or offer the waste for transportation over a distance of 200 miles or

more) is an operator of a storage facility and is subject to the requirements of

35 Ill. Adm. Code 724 and 725 and the permit requirements of 35 Ill. Adm. Code

703, unless the generator has been granted an extension to the 180-day (or 270-

day if applicable) period. If hazardous wastes must remain on-site for longer

than 180 days (or 270 days if applicable) due to unforeseen, temporary, and

uncontrollable circumstances, the generator may seek an extension of up to 30

days by means of variance or provisional variance pursuant to Sections 35(b),

36(c), and 37(b) of the Environmental Protection Act [415 ILCS 5/35(b), 36(c),

and 37(b)].

A generator that generates 1,000 kilograms or greater of hazardous waste

per calendar month which also generates wastewater treatment sludges from

electroplating operations that meet the listing description for the RCRA

hazardous waste code F006, may accumulate F006 waste on-site for more than 90

days, but not more than 180 days, without a permit or without having interim

status provided that the generator fulfills the following conditions:

The generator has implemented pollution prevention practices that reduce

the amount of any hazardous substances, pollutants, or contaminants entering

F006 or otherwise released to the environment prior to its recycling;

The F006 waste is legitimately recycled through metals recovery;

3) No more than 20,000 kilograms of F006 waste is accumulated on-site at any

one time; and

The F006 waste is managed in accordance with the following conditions:

A)?

The F006 waste is placed in one of the following containing devices:

i) In containers and the generator complies with the applicable requirements

of Subparts I, AA, BB, and CC of 35 Ill. Adm. Code 725;

ii) In tanks and the generator complies with the applicable requirements of

Subparts J, AA, BB, and CC of 35 Ill. Adm. Code 725, except 35 Ill. Adm. Code

725.297(c) and 725.300; or

iii) In containment buildings, and the generator complies with Subpart DD of 35

Ill. Adm. Code 725 and has placed its professional engineer certification that

the building complies with the design standards specified in 35 Ill. Adm. Code

725.1101 in the facility's operating record prior to operation of the unit. The

owner or operator must maintain the records listed in subsection (g)(4)(F) of

this Section at the facility;

In addition, such a generator is exempt from all the requirements in

Subparts G and H of 35 Ill. Adm. Code 725, except for 35 Ill. Adm. Code 725.211

and 725.214;

The date upon which each period of accumulation begins is clearly marked

and visible for inspection on each container;

While being accumulated on-site, each container and tank is labeled or

marked clearly with the words, "Hazardous Waste"; and

The generator complies with the requirements for owners or operators in

Subparts C and D of 35 Ill. Adm. Code 725, with 35 Ill. Adm. Code 725.116, and

with 35 Ill. Adm. Code 728.107(a)(5).

Required records for a containment building:

i)?

A written description of procedures to ensure that the F006 waste remains

in the unit for no more than 180 days, a written description of the waste

generation and management practices for the facility showing that they are

consistent with the 180-day limit, and documentation that the generator is

complying with the procedures; or

ii)?

Documentation that the unit is emptied at least once every 180 days.

BOARD NOTE: The Board has codified 40 CFR 262.34(g)(4)(i)(C)(1) and

(g) (4) (i) (C) (2) as subsections (g) (4) (F) (i) and (g) (4) (F) (ii) because Illinois

Administrative Code codification requirements do not allow the use of a fifth

level of subsection indents.

A generator that generates 1,000 kilograms or greater of hazardous waste

per calendar month, which also generates wastewater treatment sludges from

electroplating operations that meet the listing description for the RCRA

hazardous waste code F006, and which must transport this waste or offer this

waste for transportation over a distance of 200 miles or more for off-site

metals recovery may accumulate F006 waste on-site for more than 90 days, but not

more than 270 days, without a permit or without having interim status if the

generator complies with the requirements of subsections (g) (1) through (g)(4) of

this Section.

i) A generator accumulating F006 in accordance with subsections (g) and (h)

of this Section that accumulates F006 waste on-site for more than 180 days (or

for more than 270 days if the generator must transport this waste or offer this

waste for transportation over a distance of 200 miles or more) or which

accumulates more than 20,000 kilograms of F006 waste on-site is an operator of a

storage facility, and such a generator is subject to the requirements of 35 Ill.

Adm. Code 724 and 725 and the permit requirements of 35 Ill. Adm. Code 702 and

703, unless the generator has been granted an extension to the 180-day (or 270-

day if applicable) period or an exception to the 20,000 kilogram accumulation

limit.

On a case-by-case basis, the Agency must grant a provisional variance that

allows an extension of the accumulation time up to an additional 30 days

pursuant to Sections 35(b), 36(c), and 37(b) of the Act [415 ILCS 5/35(b),

36(c), and 37(b)] if it finds that the F006 waste must remain on-site for longer

than 180 days (or 270 days if applicable) due to unforeseen, temporary, and

uncontrollable circumstances.

On a case-by-case basis, the Agency must grant a provisional variance

pursuant to Sections 35(b), 36(c), and 37(b) of the Act [415 ILCS 5/35(b),

36(c), and 37(b)] that allows an exception to the 20,000 kilogram accumulation

limit if the Agency finds that more than 20,000 kilograms of F006 waste must

remain on-site due to unforeseen, temporary, and uncontrollable circumstances.

A generator must follow the procedure of 35 Ill. Adm. Code 180 (Agency

procedural rules) when seeking a provisional variance under subsection (i)(1) or

(i)(2) of this Section.

)

A member of the federal National Environmental Performance Track program

that generates 1,000 kg or greater of hazardous waste per month (or one kilogram

or more of acute hazardous waste) may accumulate hazardous waste on-site without

a permit or interim status for an extended period of time, provided that the

following conditions are fulfilled:

1)?

The generator accumulates the hazardous waste for no more than 180 days,

or for no more than 270 days if the generator must transport the waste (or offer

the waste for transport) more than 200 miles from the generating facility;

2)?

The generator first notifies USEPA Region 5 and the Agency in writing of

its intent to begin accumulation of hazardous waste for extended time periods

under the provisions of this Section. Such advance notice must include the

following information:

The name and USEPA ID number of the facility and specification of when the

facility will begin accumulation of hazardous wastes for extended periods of

time in accordance with this Section;

A description of the types of hazardous wastes that will be accumulated

for extended periods of time and the units that will be used for such extended

accumulation;

A statement that the facility has made all changes to its operations;

procedures, including emergency preparedness procedures; and equipment,

including equipment needed for emergency preparedness, that will be necessary to

accommodate extended time periods for accumulating hazardous wastes; and

If the generator intends to accumulate hazardous wastes on-site for up to

270 days, a certification that a facility that is permitted (or operating under

interim status) under 35 Ill. Adm. Code 702 and 703, federal 40 CFR 270, or the

corresponding regulations of a sister state to receive these wastes is not

available within 200 miles of the generating facility;

3)?

The waste is managed in the following types of units:

A)?

Containers, in accordance with the applicable requirements of Subparts I,

AA, BB, and CC of 35 Ill. Adm. Code 725 and 35 Ill. Adm. Code 724.275;

Tanks, in accordance with the requirements of Subparts J, AA, BB, and CC

of 35 Ill. Adm. Code 725, except for Sections 725.297(c) and Section 725.300;

Drip pads, in accordance with Subpart W of 35 Ill. Adm. Code 725; or

D) Containment buildings, in accordance with Subpart DD of 35 Ill. Adm. Code

725;

4)?

The quantity of hazardous waste that is accumulated for extended time

periods at the facility does not exceed 30,000 kg;

5)?

The generator maintains the following records at the facility for each

unit used for extended accumulation times:

A) A written description of procedures to ensure that each waste volume

remains in the unit for no more than 180 days (or 270 days, as applicable), a

description of the waste generation and management practices at the facility

showing that they are consistent with the extended accumulation time limit, and

documentation that the procedures are complied with; or

Documentation that the unit is emptied at least once every 180 days (or

270 days, if applicable);

Each container or tank that is used for extended accumulation time periods

is labeled or marked clearly with the words "Hazardous Waste," and for each

container the date upon which each period of accumulation begins is clearly

marked and visible for inspection;

7)?

The generator complies with the requirements for owners and operators in

Subparts C and D of 35 Ill. Adm. Code 725, 35 Ill. Adm. Code 725.116, and 35

Ill. Adm. Code 728.107(a) (5). In addition, such a generator is

exempt from all the requirements in Subparts G and H of 35 Ill. Adm. Code 725,

except for 35 Ill. Adm. Code 725.211 and 725.214;

The generator has implemented pollution prevention practices that reduce

the amount of any hazardous substances, pollutants, or contaminants released to

the environment prior to its recycling, treatment, or disposal; and

9)?

The generator includes the following information with its federal National

Environmental Performance Track Annual Performance Report, which must be

submitted to the USEPA Region 5 and the Agency:

Information on the total quantity of each hazardous waste generated at the

facility that has been managed in the previous year according to extended

accumulation time periods;

Information for the previous year on the number of off-site shipments of

hazardous wastes generated at the facility, the types and locations of

destination facilities, how the wastes were managed at the destination

facilities (e.g., recycling, treatment, storage, or disposal), and what changes

in on-site or off-site waste management practices have occurred as a result of

extended accumulation times or other pollution prevention provisions of this

Section;

Information for the previous year on any hazardous waste spills or

accidents occurring at extended accumulation units at the facility, or during

off-site transport of accumulated wastes; and

D) If the generator intends to accumulate hazardous wastes on-site for up to

270 days, a certification that a facility that is permitted (or operating under

interim status) under 35 Ill. Adm. Code 702 and 703, federal 40 CFR 270, or the

corresponding regulations of a sister state to receive these wastes is not

available within 200 miles of the generating facility.

BOARD NOTE: The National Environmental Performance Track program is operated

exclusively by USEPA. USEPA established the program in 2000 (see 65 Fed. Reg.

41655 (July 6, 2000)) and amended it in 2004 (see 69 Fed. Reg. 27922 (May 17,

2004)). USEPA confers membership in the program on application of interested

and eligible entities. Information about the program is available from a

website maintained by USEPA: www.epa.gov/ performancetrack.

k)?

If the Agency finds that hazardous wastes must remain on-site at a federal

National Environmental Performance Track member facility for longer than the 180

days (or 270 days, if applicable) allowed under subsection (j) of this Section

due to unforeseen, temporary, and uncontrollable circumstances, it must grant an

extension to the extended accumulation time period of up to 30 days on a case-

by-case basis by a provisional variance pursuant to Sections 35(b), 36(c), and

37(b) of the Act [415 ILCS 5/35(b), 36(c), and 37(b)].

1)?

If a generator that is a member of the federal National Environmental

Performance Track program withdraws from the National Environmental Performance

Track program or if USEPA Region 5 terminates a generator's membership, the

generator must return to compliance with all otherwise applicable hazardous

waste regulations as soon as possible, but no later than six months after the

date of withdrawal or termination.

Effcctivc Scpt. 5, 200G, a A generator that sends a shipment of hazardous

waste to a designated facility with the understanding that the designated

facility can accept and manage the waste and which later receives that shipment

back as a rejected load or residue in accordance with the manifest discrepancy

provisions of 35 Ill. Adm. Code 724.172 or 725.172 may accumulate the returned

waste on-site in accordance with subsections (a) and (b) or (d), (e), and (f) of

this Section, depending on the amount of hazardous waste on-site in that

calendar month. Upon receipt of the returned shipment, the generator must sign

the appropriate of the following:

Item 18c of the manifest, if the transporter returned the shipment using

the original manifest; or

Item 20 of the manifest, if the transporter returned the shipment using a

new manifest.

(Source: Amended at 32 Ill. Reg.?--, effective

SUBPART E: EXPORTS OF HAZARDOUS WASTE

cctionSectiori

722.158

International Agreements

a)?

Any person that exports or imports hazardous waste subject to either the

manifest requirements of this Part or the universal waste management standards

of 35 Ill. Adm. Code 733 which is shipped to or from designated member countries

of the Organisation for Economic Co-operation and Development (OECD), as defined

in subsection (a)(1) of this Section, for purposes of recovery is subject to the

requirements of Subpart H of this Part. The requirements of Subparts E and F of

this Part do not apply where Subpart H of this Part applies.

For the purposes of this Subpart E, the designated OECD countries are

Australia, Austria, Belgium, the Czech Republic, Denmark, Finland, France,

Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Luxembourg, the

Netherlands, New Zealand, Norway, Portugal, the Slovak Republic, South Korea,

Spain, Sweden, Switzerland, Turkey, the United Kingdom, and the United States.

Only for the purposes of transit under this Subpart E, Canada and Mexico

are considered OECD member countries.

Any person that exports hazardous waste to or imports hazardous waste from

any designated OECD member country for purposes other than recovery (e.g.,

incineration, disposal, etc.), Mexico (for any purpose), or Canada (for any

purpose) remains subject to the requirements of Subparts E and F of this Part.

(Source: Amended at 32 Ill. Reg.

?, effective ?

SUBPART F: IMPORTS OF HAZARDOUS WASTE

Section 722.160?

Imports of Hazardous Waste

a) Any person that imports hazardous waste from a foreign country into the

United States must comply with the requirements of this Part and the special

requirements of this Subpart F.

b) When importing hazardous waste, a person must meet all the requirements of

Section 722.120(a) for the manifest, except that the following information items

are substituted:

In place of the generator's name, address, and USEPA identification

number, the name and address of the foreign generator and the importer's name,

address, and USEPA identification number must be used.

In place of the generator's signature on the certification statement, the

United States importer or the importer's agent must sign and date the

certification and obtain the signature of the initial transporter.

c)?

A person that imports hazardous waste must obtain the manifest form as

provided in Section 722.121(a) or (b)(7).722 121

d) Effcctivc Scpt. 5, 2006, in In the International Shipments block of the

manifest, the importer must check the import box and enter the point of entry

(city and State) into the United States.

e)?

Effcctivc Scpt. 5, 2006, the The importer must provide the transporter

with an additional copy of the manifest to be submitted by the receiving

facility to USEPA in accordance with 35 III. Adm. Code 724.171(a)(2)(C)

724.171(a)(3) or 725.171(a)(2)(C) 725.171(a)(3), as appropriate.

(Source: Amended at 32 Ill. Reg.

?—, effective ?

SUBPART H: TRANSFRONTIER SHIPMENTS OF

HAZARDOUS WASTE FOR RECOVERY WITHIN THE OECD

Section 722.183?

Notification and Consent

Applicability. Consent must be obtained from the competent authorities of

the relevant OECD importing and transit countries prior to exporting hazardous

waste destined for recovery operations subject to this Subpart H. Hazardous

wastes subject to amber-list controls are subject to the requirements of

subsection (b) of this Section; hazardous wastes subject to red-list controls

are subject to the requirements of subsection (c) of this Section; and wastes

not identified on any list are subject to the requirements of subsection (d) of

this Section.

Amber-list wastes. The export from the U.S. of hazardous waste, as

described in Section 722.180(a), that is amber-list waste is prohibited unless

the notification and consent requirements of subsection (b)(1) or subsection

(b)(2) of this Section are met.

1)?

Transactions requiring specific consent.

Notification. At least 45 days prior to commencement of the transfrontier

movement, the notifier must provide written notification in English of the

proposed transfrontier movement to the Office of Enforccmcnt and Compliancc

Assurancc, Officc of Compliancc, Enf rccmcnt Planning, Targcting and Data

Division (2222A), Federal Activities, International Compliance Assurance

Division (2254A), Environmental Protection Agency, 401 M St., SW, 1200

Pennsylvania Ave., NW, 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" prominently displayed on the envelope. This notification must

include all of the information identified in subsection (e) of this Section. In

cases where wastes having similar physical and chemical characteristics, the

same United Nations classification, and the same USEPA hazardous waste codes are

to be sent periodically to the same recovery facility by the same notifier, the

notifier may submit one notification of intent to export these wastes in

multiple shipments during a period of up to one year.

Tacit consent. If no objection has been lodged by any concerned country

(i.e., exporting, importing, or transit countries) to a notification provided

pursuant to subsection (b)(1)(A) of this Section within 30 days after the date

of issuance of the Acknowledgment of Receipt of notification by the competent

authority of the importing country, the transfrontier movement may commence.

Tacit consent expires one calendar year after the close of the 30-day period;

renotification and renewal of all consents is required for exports after that

date.

Written consent. If the competent authorities of all the relevant OECD

importing and transit countries provide written consent in a period less than 30

days, the transfrontier movement may commence immediately after all necessary

consents are received. Written consent expires for each relevant OECD importing

and transit country one calendar year after the date of that country's consent

unless otherwise specified; renotification and renewal of each expired consent

is required for exports after that date.

2)?

Shipments to facilities pre-approved by the competent authorities of the

importing countries to accept specific wastes for recovery.

The notifier must provide USEPA and the Agency the information identified

in subsection (e) of this Section in English, at least 10 days in advance of

commencing shipment to a pre-approved facility. The notification should

indicate that the recovery facility is pre-approved, and may apply to a single

specific shipment or to multiple shipments as described in subsection (b)(1)(A)

of this Section. This information must be sent to the Office of Enforcement and

Compliance Assurance, Office of Compliance, Enforccipicnt Planning, Targeting and

Data Division (2222A), Federal Activities, International Compliance Assurance

Division (2254A), Environmental Protection Agency, '101 N St., W., 1200

Pennsylvania Ave., NW, 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.

B)?

Shipments may commence after the notification required in subsection

(b)(1)(A) of this Section has been received by the competent authorities of all

concerned countries, unless the notifier has received information indicating

that the competent authorities of one or more concerned countries objects to the

shipment.

Red-list wastes. The export from the U.S. of hazardous waste, as

described in Section 722.180(a), that is red-list waste is prohibited unless

notice is given pursuant to subsection (b)(1)(A) of this Section and the

notifier receives written consent from the importing country and any transit

countries prior to commencement of the transfrontier movement.

Unlisted wastes. Waste that is not green-list waste, amber-list waste, or

red-list waste and which is considered hazardous under U.S. national procedures,

as defined in Section 722.180(a), is subject to the notification and consent

requirements established for red-list wastes in accordance with subsection (c)

of this Section. Unlisted wastes that are not considered hazardous under U.S.

national procedures, as defined in Section 722.180(a), are not subject to amber-

list or red-list controls when exported or imported.

Notification information. Notifications submitted under this Section must

include the following information:

Serial number or other accepted identifier of the notification form;

Notifier name and USEPA identification number (if applicable), address,

and telephone and telefax numbers;

Importing recovery facility name, address, telephone and telefax numbers,

and technologies employed;

Consignee name (if not the owner or operator of the recovery facility),

address, and telephone and telefax numbers; whether the consignee will engage in

waste exchange or storage prior to delivering the waste to the final recovery

facility; and identification of recovery operations to be employed at the final

recovery facility;

Intended transporters or their agents;

Country of export and relevant competent authority and point of departure;

Countries of transit and relevant competent authorities and points of

entry and departure;

Country of import and relevant competent authority and point of entry;

Statement of whether the notification is a single notification or a

general notification. If general, include period of validity requested;

10)

Date foreseen for commencement of transfrontier movement;

11)

Designation of waste types from the appropriate list (e.g., amber-list

waste or red-list waste and waste list code), descriptions of each waste type,

estimated total quantity of each, USEPA hazardous waste code, and United Nations

number for each waste type; and

12)

Certification/Declaration signed by the notifier that states as follows:

"I certify that the above information is complete and correct to the best

of my knowledge. I also certify that legally-enforceable written contractual

obligations have been entered into, and that any applicable insurance or other

financial guarantees are or must be in force covering the transfrontier

BOARD NOTE: The U.S. does not currently require financial assurance; however,

U.S. exporters may be asked by other governments to provide and certify to such

assurance as a condition of obtaining consent to a proposed movement.

(Source: Amended at 32 Ill. Reg.

, effective

Section 722.184

Tracking Document

All U.S. parties subject to the contract provisions of Section 722.185

must ensure that a tracking document meeting the conditions of subsection (b) of

this Section accompanies each transfrontier shipment of wastes subject to amber-

list or red-list controls from the initiation of the shipment until it reaches

the final recovery facility, including cases in which the waste is stored or

exchanged by the consignee prior to shipment to the final recovery facility,

except as provided in this subsection (a).

For shipments of hazardous waste within the U.S. solely by water (bulk

shipments only), the generator must forward the tracking document with the

manifest to the last water (bulk shipment) transporter to handle the waste in

the U.S. if exported by water (in accordance with the manifest routing

procedures at Section 722.123(c)).

For rail shipments of hazardous waste within the U.S. that originate at

the site of generation, the generator must forward the tracking document with

the manifest (in accordance with the routing procedures for the manifest in

Section 722.123(d)) to the next non-rail transporter, if any, or the last rail

transporter to handle the waste in the U.S. if exported by rail.

b)?

The tracking document must include all information required under Section

722.183 (for notification) and the following information:

The date shipment commenced;

The name (if not notifier), address, and telephone and telefax numbers of

primary exporter;

The company name and USEPA identification number of all transporters;

4)?

Identification (license, registered name, or registration number) of means

of transport, including types of packaging;

5)?

Any special precautions to be taken by transporters;

6)?

A certification or declaration signed by notifier that no objection to the

shipment has been lodged as follows:

"I certify that the above information is complete and correct to the best

of my knowledge. I also certify that legally-enforceable written contractual

obligations have been entered into, that any applicable insurance or other

financial guarantees are or must be in force covering the transfrontier

movement, and that:"

"1.

All necessary consents have been received;"

"2.

The shipment is directed at a recovery facility within the OECD area and

no objection has been received from any of the concerned countries within the 30

day tacit consent period;"

"3.

The shipment is directed at a recovery facility pre-authorized for that

type of waste within the OECD area, such an authorization has not been revoked,

and no objection has been received from any of the concerned countries."

(delete sentences that are not applicable)

The appropriate signatures for each custody transfer (e.g., transporter,

consignee, and owner or operator of the recovery facility).

Notifiers also must comply with the special manifest requirements of

Section 722.154(a), (b), (c), (e), and (i) and consignees must comply with the

import requirements of Subpart

F of this Part.

Each U.S. person that has physical custody of the waste from the time the

movement commences until it arrives at the recovery facility must sign the

tracking document (e.g., transporter, consignee, and owner or operator of the

recovery facility).

Within three working days after the receipt of imports subject to this

Subpart H, the owner or operator of the U.S. recovery facility must send signed

copies of the tracking document to the notifier, to the Office of Enforcement

and Compliance Assurance, Office of Compliancc, Dnforccmcnt Planning, Targcting

and Data Division (2222A), Federal Activites, International Compliance Assurance

Division (2254A), Environmental Protection Agency, 101 N St., OW, 1200

Pennsylvania Ave., NW, Washington DC 20460, and to the competent authorities of

the exporting and transit countries.

(Source: Amended at 32 Ill. Reg. ?

, effective

Section 722.187?

Reporting and Recordkeeping

Annual reports. For all waste movements subject to this Subpart H,

persons (e.g., notifiers, recognized traders, etc.) that meet the definition of

primary exporter in Section 722.151 must file an annual report with the Office

of Enforcement and Compliance Assurance, Office of Compliancc, Enforccmcnt

Federal

Activities, International Compliance Assurance Division (2254A), U.S.

Environmental Protection Agency, 101 H St., SW, 1200 Pennsylvania Ave.,

NW,

Washington,— DC 20460 and the Illinois Environmental Protection Agency, Bureau of

Land, Division of Land Pollution Control, P.O. Box 19276, Springfield IL 62794,

no later than March 1 of each year summarizing the types, quantities, frequency,

and ultimate destination of all such hazardous waste exported during the

previous calendar year. (If the primary exporter is required to file an annual

report for waste exports that are not covered under this Subpart H, the person

filing may include all export information in one report provided the following

information on exports of waste destined for recovery within the designated OECD

member countries is contained in a separate Section). Such reports must include

the following information:

1)?

The USEPA identification number, name, and mailing and site address of the

notifier filing the report;

2)?

The calendar year covered by the report;

3)?

The name and site address of each final recovery facility;

By final recovery facility, for each hazardous waste exported, a

description of the hazardous waste, the USEPA hazardous waste number (from

Subpart C or D of 35 Ill. Adm. Code 721); the designation of waste types from

the OECD waste list and applicable waste code from the OECD lists, as described

in the annex to OECD Council Decision C(88)90/Final, as amended by

C(94)152/Final, incorporated by reference in 35 Ill. Adm. Code 720.111(a), USDOT

hazard class; the name and USEPA identification number (where applicable) for

each transporter used; the total amount of hazardous waste shipped pursuant to

this Subpart H; and number of shipments pursuant to each notification;

In even numbered years, for each hazardous waste exported, except for

hazardous waste produced by exporters of greater than 100 kilograms (kg) but

less than 1,000 kg in a calendar month, and except for hazardous waste for which

information was already provided pursuant to Section 722.141:

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

volume and toxicity of waste generated; and

A description of the changes in volume and toxicity of the waste actually

achieved during the year in comparison to previous years to the extent such

information is available for years prior to 1984; and

6)?

A certification signed by the person acting as primary exporter that

states as follows:

"I certify under penalty of law that I have personally examined and am

familiar with the information submitted in this and all attached documents, and

that based on my inquiry of those individuals immediately responsible for

obtaining the information, I believe that the submitted information is true,

accurate, and complete. I am aware that there are significant penalties for

submitting false information including the possibility of fine and

imprisonment."

b)?

Exception reports. Any person that meets the definition of primary

exporter in Section 722.151 must file with USEPA and the Agency an exception

report in lieu of the requirements of Section 722.142 if any of the following

occurs:

1) The person has not received a copy of the tracking documentation signed by

the transporter stating point of departure of the waste from the United States

within 45 days from the date it was accepted by the initial transporter;

Within 90 days from the date the waste was accepted by the initial

transporter, the notifier has not received written confirmation from the

recovery facility that the hazardous waste was received; or

The waste is returned to the United States.

c)?

Recordkeeping.

Persons that meet the definition of primary exporter in Section 722.151

must keep the following records:

A copy of each notification of intent to export and all written consents

obtained from the competent authorities of concerned countries, for a period of

at least three years from the date the hazardous waste was accepted by the

initial transporter;

A copy of each annual report, for a period of at least three years from

the due date of the report; and

A copy of any exception reports and a copy of each confirmation of

delivery (i.e., tracking documentation) sent by the recovery facility to the

notifier, for at least three years from the date the hazardous waste was

accepted by the initial transporter or received by the recovery facility,

whichever is applicable.

2)?

The periods of retention referred to in this Section are extended

automatically during the course of any unresolved enforcement action regarding

the regulated activity or as requested by USEPA or the Agency.

(Source: Amended at 32 Ill. Reg.

ILLINOIS RECISTER

?, effective ?

JCAR350722-0805174r01

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Document comparison done by DeltaView on Thursday, April 03, 2008 2:58:28 PM

Input:

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file://11Input/35-722-Agencydisk(issue15).doc

Document 2

file://11Input/35-722-JCARr01(issue15).doc

Legend:

Statistics:

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