ILLINOIS REGISTER 118

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

1) Heading of the Part: Standards Applicable to Generators of Hazardous Waste

2) Code Citation: 35 Iii. Adm. Code 722

3) Section Numbers: Proposed Actions: AUG 1 7 2018722120 Amendment7y) 1’-)l A ,1 + STATEOF ILLINOISI ZL. I L I menumenc Pollution Control Board722.124 Amendment722.Appendix A Repealed

4) Statutory Authority: 4 1 5 ILCS 5/7 .2, 22 .4, and 27

5) A Complete Description of the SuN ects and Issues Involved: The amendments to Part722 are a single segment ofthe docket R19-3 rulemaking that also affects 35 Ill. Adm.Code 720, 72 1 , and 723 through 725 . The Ri 9-3 rulemaking updates the Illinoishazardous waste rules to incorporate amendments adopted by the United StatesEnvironmental Protection Agency (USEPA) during the first half of 201 8 : January 1,201 8 through June 3 0, 201 8 . To save space, a more detailed description of the subj ectsand issues involved in the docket Ri 9-3 rulemaking appears in this issue of the IllinoisRegister only in the answer to question 5 in the Notice of Adopted Amendments for 35Ill. Adm. Code 720. A comprehensive description is contained in the Board’s opinionand order ofJuly 26, 2018, proposing amendments in docket R19-3, which opinion andorder is available from the address below.

R19-3 further includes limited corrections and non-substantive stylistic revisions that theBoard finds necessary. Some ofthese were included in the pending consolidated docketR17-14/R17-15/R1 8-1 1/Ri 8-3 1 rulemaking, which appeared in the following issues ofthe Illinois Register as indicated in the answer to question 1 0 below.

Specifically, the amendments to Part 722 incorporate changes in the general hazardouswaste manifest requirements. The Board makes several needed corrections in the text ofthe rules.

Tables appear in a document entitled “Identical-in-Substance Rulemaking Addendum(Proposed)” that the Board added to docket R19-3. The tables list the deviations from theliteral text of the federal amendments and the several necessary corrections and stylisticrevisions not directly derived from USEPA actions. Persons interested in the details ofthose deviations from the literal text should refer to the Identical-in-SubstanceRulemaking Addendum (Proposed) in docket Ri 9-3.

TLL1NOTS REGISTER 2

POLLUTION CONTROL BOARD

NOTICE Of PROPOSED AMENDMENTS

12

Section 22.4 ofthe Environmental Protection Act [41 5 ILCS 5/22.4] provides thatSection 5-35 ofthe Administrative Procedure Act [5 ILCS 100/5-35] does not apply tothis rulemaking. Because this rulemaking is not subject to Section 5-35 ofthe APA, it isnot subject to first Notice or to Second Notice review by the Joint Committee onAdministrative Rules (JCAR).

6) Published studies or reports, and sources of underlying data, used to compose thisrulemaking: None

7) Does this rulemaking replace an emergency rule currently in effect? No

8) Does this rulemaking contain an automatic repeal date? No

9) Does this rulemaking contain incorporations by reference? No

1 0) Are there any other rulemakings pending on this Part? Yes

Section Numbers:722.101722.105722.110722.111722.112722.113722.114722.115722.116722.117722.118722.120722.121722.123722.124722.132722.134722.135722.140722.141722.142722.143

Proposed Actions:New SectionRenumber, AmendmentAmendmentAmendmentRepealedNew SectionNew SectionNew SectionNew SectionNew SectionNew SectionAmendmentAmendmentAmendmentAmendmentAmendmentRepealedNew SectionAmendmentAmendmentAmendmentAmendment

Illinois Register Citations:42 Ill. Reg. 10808; June 22, 201842 Ill. Reg. 10808; June 22, 201842 Ill. Reg. 10808; June 22, 201842 Ill. Reg. 10808; June 22, 201842 Ill. Reg. 10808; June 22, 201842 Ill. Reg. 10808; June 22, 201842 Ill. Reg. 10808; June 22, 201842 Ill. Reg. 10808; June 22, 201842 Ill. Reg. 10808; June 22, 201842 Ill. Reg. 10808; June 22, 201842 Ill. Reg. 10808; June 22, 201842 Ill. Reg. 10808; June 22, 201842 Ill. Reg. 10808; June 22, 201842 Ill. Reg. 10808; June 22, 201842 Ill. Reg. 10808; June 22, 201842 Ill. Reg. 10808; June 22, 201842 Ill. Reg. 10808; June 22, 201842 Ill. Reg. 10808; June 22, 201842 Ill. Reg. 10808; June 22, 201842 Ill. Reg. 10808; June 22, 201842 Ill. Reg. 10808; June 22, 201842 Ill. Reg. 10808; June 22, 2018

TLLFNOTS REGISTER 3

POLLUTION CONTROL BOARD

NOTICE Of PROPOSED AMENDMENTS

18

722.144722.150722.15 1722.152722.153722.154722.155722.156722.157722.158722.160722.180722.181722.182722.183722.184722.185722.126722.187722.189722.300722.301722.302722.303722.304722.306722.307722.308722.309722.3 10722.311722.312722.3 13722.314722.316722.330722.331722.332722.333722.350

AmendmentRepealedRepealedRepealedRepealedRepealedRepealedRepealedRepealedRepealedRepealedAmendmentAmendmentAmendmentAmendmentAmendmentRepealedRepealedRepealedRepealedAmendmentAmendmentAmendmentAmendmentAmendmentAmendmentAmendmentAmendmentAmendmentAmendmentAmendmentAmendmentAmendmentAmendmentAmendmentNew SectionNew SectionNew SectionNew SectionNew Section

42 Ill. Reg.42 Ill. Reg.42 Ill. Reg.42 Ill. Reg.42 Ill. Reg.42 Iii. Reg.42 Iii. Reg.42 Ill. Reg.42 Ill. Reg.42 Ill. Reg.42 Ill. Reg.42 Ill. Reg.42 Ill. Reg.42 Ill. Reg.42 Ill. Reg.42 Ill. Reg.42 Ill. Reg.42 Ill. Reg.42 Ill. Reg.42 Ill. Reg.42 Iii. Reg.42 Iii. Reg.42 Iii. Reg.42 Ill. Reg.42 Ill. Reg.42 Iii. Reg.42 Iii. Reg.42 Iii. Reg.42 Iii. Reg.42 Ill. Reg.42 Iii. Reg.42 Ill. Reg.42 Iii. Reg.42 Ill. Reg.42 Ill. Reg.42 Iii. Reg.42 Ill. Reg.42 Ill. Reg.42 Iii. Reg.42 Ill. Reg.

10808; June 22, 201810808; June 22, 201810808; June 22, 201810808; June 22, 201810808; June 22, 201810808; June 22, 201810808; June 22, 201810808; June 22, 201810208; June 22, 201810808; June 22, 201810208; June 22, 201210808; June 22, 201810808; June 22, 201810808; June 22, 201810808; June 22, 201810808; June 22, 201810808; June 22, 201810808; June 22, 201810808; June 22, 201810808; June 22, 201810808; June 22, 201810808; June 22, 201810802; June 22, 201810808; June 22, 201810808; June 22, 201810808; June 22, 201810808; June 22, 201810208; June 22, 201810808; June 22, 201810802; June 22, 201810808; June 22, 201810808; June 22, 201810808; June 22, 201810808; June 22, 201810808; June 22, 201810802; June 22, 201810808; June 22, 201810808; June 22, 201210802; June 22, 201810808; June 22, 2012

ILLINOIS REGISTER 418

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

722.351 New Section722.352 New Section722.353 New Section722.354 New Section722.355 New Section722.356 New Section722.360 New Section722.361 New Section722.362 New Section722.363 New Section722.364 New Section722.365 New Section

1 1) Statement of Statewide Policy Objective: These proposed amendments do not create orenlarge a State mandate, as defined in Section 3(b) ofthe State Mandates Act [30 ILCS805/3(b)].

1 2) Time, Place and Manner in which interested persons may comment on this proposedrulemaking: The Board will accept written public comment on this proposal for a periodof45 days afier the date ofthis publication. Comments should reference docket R19-3and be addressed to:

Don A. Brown, ClerkIllinois Pollution Control BoardState of Illinois Center, Suite 1 1-500100 W. Randolph St.Chicago IL 60601

Please direct inquiries to the following person and reference docket Ri 9-3:

Michael J. McCambridgeStaff AttorneyIllinois Pollution Control Board1 00 W. Randolph, 11-500Chicago IL 60601

3 12/814-6924

42 Ill. Reg. 10808; June 22, 201842 Ill. Reg. 10808; June 22, 201842 Ill. Reg. 10808; June 22, 201842 Ill. Reg. 10808; June 22, 201842 Ill. Reg. 10808; June 22, 201842 Ill. Reg. 10808; June 22, 201842 Ill. Reg. 10808; June 22, 201842 Ill. Reg. 10808; June 22, 201842 Ill. Reg. 10808; June 22, 201842 Ill. Reg. 10808; June 22, 201842 Ill. Reg. 10808; June 22, 201842 Iii. Reg. 10808; June 22, 2018

email: michael.mccambridgeillinois.gov

ILLINOIS REGISTER 518

POLLUTION CONTROL BOARD

NOTICE Of PROPOSED AMENDMENTS

Request copies ofthe Board’s opinion and order at 312/814-3620, or download a copyfrom the Board’s website at http :\\www.ipcb.state.il.us.

13) Initial Regulatory flexibility Analysis:

A) Types of small businesses, small municipalities, and not-for-profit corporationsaffected: This rulemaking may affect those small businesses, smallmunicipalities, and not-for-profit corporations disposing of industrial wastewatersinto the sewage collection system of a publicly owned treatment works. Theseproposed amendments do not create or enlarge a State mandate, as defined inSection 3(b) ofthe State Mandates Act [30 ILCS 805/3(b)].

B) Reporting, bookkeeping or other procedures required for compliance: Theexisting rules and proposed amendments require extensive reporting, bookkeepingand other procedures, including the preparation of manifests and annual reports,waste analyses and maintenance of operating records. These proposedamendments do not create or enlarge a State mandate, as defined in Section 3(b)ofthe State Mandates Act [30 ILCS 805/3(b)].

C) Types ofprofessional skills necessary for compliance: Compliance with theexisting rules and proposed amendments may require the services of an attorney,certified public accountant, chemist and registered professional engineer. Theseproposed amendments do not create or enlarge a State mandate, as defined inSection 3(b) ofthe State Mandates Act [30 ILCS 805/3(b)].

14) Regulatory Agenda on which this rulemaking was summarized: July 2018

The full text ofthe Proposed Amendments begins on the next page:

. , . , •1 •t__(. A

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JCAR350722-1 8 1 567 irOl

1 TITLE 35: ENVIRONMENTAL PROTECTION2 SUBTITLE G: WASTE DISPOSAL3 CHAPTER I: POLLUTION CONTROL BOARD4 SUBCHAPTER C: HAZARDOUS WASTE OPERATING REQUIREMENTS56 PART 7227 STANDARDS APPLICABLE TO8 GENERATORS Of HAZARDOUS WASTE9

1 0 SUBPART A: GENERAL1112 Section13 722.1 10 Purpose, Scope, and Applicability14 722.111 Hazardous Waste Determination15 722.1 12 USEPA Identification Numbers1 6 722. 1 1 3 Electronic Reporting1718 SUBPART B: MANIFEST REQUIREMENTS APPLICABLE TO19 SMALL AND LARGE QUANTITY GENERATORS2021 Section22 722.120 General Requirements23 722 . 1 2 1 Manifest Tracking Numbers, Manifest Printing, and Obtaining Manifests24 722. 1 22 Number of Copies25 722.123 Use ofthe Manifest26 722.124 Use ofthe Electronic Manifest27 722.125 Electronic Manifest Signatures28 722. 127 Waste Minimization Certification2930 SUBPART C: PRE-TRANSPORT REQUIREMENTS APPLICABLE TO31 SMALL AND LARGE QUANTITY GENERATORS3233 Section34 722.130 Packaging35 722.131 Labeling36 722.132 Marking37 722.133 Placarding38 722.134 Accumulation Time3940 SUBPART D: RECORDKEEPING AND REPORTING REQUIREMENTS41 APPLICABLE TO SMALL AND LARGE QUANTITY GENERATORS4243 Section

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44 722.140 Recordkeeping45 722.141 Annual Reporting46 722.142 Exception Reporting47 722.143 Additional Reporting48 722. 1 44 Special Requirements for Generators of between 1 00 and 1 ,000 kilograms per49 month5051 SUBPART E: EXPORTS OF HAZARDOUS WASTE5253 722. 1 50 Applicability54 722.151 Definitions55 722. 1 52 General Requirements56 722. 1 53 Notification of Intent to Export57 722.154 Special Manifest Requirements58 722.155 Exception Report59 722. 1 56 Annual Reports60 722.157 Recordkeeping61 722 . 1 5 8 International Agreements6263 SUBPART F: IMPORTS OF HAZARDOUS WASTE6465 722. 1 60 Imports of Hazardous Waste6667 SUBPART G: FARMERS6869 Section70 722.170 Farmers7172 SUBPART H: TRANS-BOUNDARY SHIPMENTS OF73 HAZARDOUS WASTE FOR RECOVERY OR DISPOSAL7475 Section76 722. 1 80 Applicability77 722.181 Definitions78 722.182 General Conditions79 722. 1 83 Notification and Consent80 722.184 Movement Document81 722.185 Contracts82 722. 1 86 Provisions Relating to Recognized Traders83 722.187 Reporting and Recordkeeping84 722.189 OECD Waste Lists85

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86 SUBPART K: ALTERNATIVE REQUIREMENTS FOR HAZARDOUS WASTE87 DETERMINATION AND ACCUMULATION OF UNWANTED MATERIAL FOR88 LABORATORIES OWNED BY ELIGIBLE ACADEMIC ENTITIES8990 Section91 722.300 Definitions92 722.301 Applicability93 722.302 Opting into the Subpart K Requirements94 722.303 Notice of Election into the Subpart K Requirements95 722.304 Notice of Withdrawal from the Subpart K Requirements96 722.3 05 Summary of the Requirements of this Subpart K97 722.306 Container Standards in the Laboratory98 722.307 Personnel Training99 722.308 Removing Unwanted Material from the Laboratory

100 722.309 Hazardous Waste Determination and Removal ofUnwanted Material from the101 Laboratory102 722.310 Hazardous Waste Determination in the Laboratory1 03 722.3 1 1 Hazardous Waste Determination at an On-Site Central Accumulation Area104 722.312 Hazardous Waste Determination at an On-Site Treatment, Storage, or Disposal105 Facility106 722.313 Laboratory Clean-Outs107 722.314 Laboratory Management Plan1 08 722.3 1 5 Unwanted Material That Is Not Solid Waste or Hazardous Waste1 09 722.3 1 6 Non-Laboratory Hazardous Waste Generated at an Eligible Academic Entity1101 1 1 722.APPENDIX A Hazardous Waste Manifestççjedj112113 AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the114 Environmental Protection Act [415 ILCS 5/7.2, 22.4, and 27].1151 16 SOURCE: Adopted in R81-22 at 5 Ill. Reg. 9781, effective May 17, 1982; amended and1 1 7 codified in R8 1 -22 at 6 Ill. Reg. 4828, effective May 1 7, 1 982; amended in R82- 1 8 at 7 Ill. Reg.1 1 8 25 1 8, effective February 22, 1 983 ; amended in R84-9 at 9 Ill. Reg. 1 1 950, effective July 24,1 19 1985; amended in R85-22 at 10 Ill. Reg. 1 13 1, effective January 2, 1986; amended in R86-1 at120 10 Ill. Reg. 141 12, effective August 12, 1986; amended in R86-19 at 10 Ill. Reg. 20709,121 effective December 2, 1986; amended in R86-46 at 1 1 Ill. Reg. 13555, effective August 4, 1987;122 amended in R87-5 at 1 1 Ill. Reg. 19392, effective November 12, 1987; amended in R87-39 at 12123 Ill. Reg. 13 129, effective July 29, 1988; amended in R88-l6 at 13 Ill. Reg. 452, effective124 December 27, 1988; amended in R89-1 at 13 Ill. Reg. 1 8523, effective November 13, 1989;125 amended in R90-lO at 14 Ill. Reg. 16653, effective September 25, 1990; amended in R90-1 1 at126 15 Ill. Reg. 9644, effective June 17, 1991; amended in R91-1 at 15 Ill. Reg. 14562, effective127 October 1, 1991 ; amended in R91-13 at 16 Ill. Reg. 9833, effective June 9, 1992; amended in128 R92-1 at 16 Ill. Reg. 17696, effective November 6, 1992; amended in R93-4 at 17 Ill. Reg.

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JCAR350722-1 815671r01

172173 B) 40 CfR 3.10, incorporated by reference in 35 Iii. Adm. Code1 74 720. 1 1 1 , for the reporting of electronic documents to U$EPA.1751 76 b) A generator must designate on the manifest one receiving facility that is permitted1 77 to handle the waste described on the manifest.1781 79 c) A generator may also designate on the manifest one alternate receiving facility1 80 that is permitted to handle his waste in the event an emergency prevents delivery1 8 1 of the waste to the primary designated facility.1821 83 d) If the transporter is unable to deliver the hazardous waste to the designated1 84 receiving facility or the alternate facility, the generator must either designate1 85 another receiving facility or instruct the transporter to return the waste.1861 87 e) The requirements of this Subpart B do not apply to hazardous waste produced by1 88 generators of greater than 100 kg but less than 1 ,000 kg in a calendar month1 89 where the following conditions are fulfilled:1901 9 1 1) The waste is reclaimed under a contractual agreement that specifies the1 92 type of waste and frequency of shipments;1931 94 2) The vehicle used to transport the waste to the recycling facility and to1 95 deliver regenerated material back to the generator is owned and operated1 96 by the reclaimer of the waste; and197198 3) The generator maintains a copy ofthe reclamation agreement in his files1 99 for a period of at least three years after termination or expiration of the200 agreement.201202 f) The requirements ofthis Subpart B and Section 722.132(b) do not apply to the203 transport of hazardous wastes on a public or private right-of-way within or along204 the border of contiguous property under the control of the same person, even if205 such contiguous property is divided by a public or private right-of-way.206 Notwithstanding 35 Ill. Adm. Code 723.110(a), the generator or transporter must207 comply with the requirements for transporters set forth in 35 Ill. Adm. Code208 723. 1 30 and 723. 1 3 1 in the event of a discharge of hazardous waste on a public or209 private right-of-way.21021 1 (Source: Amended at 42 Ill. Reg.

______,

effective

_____________

212213 Section 722.121 Manifest Tracking Numbers, Manifest Printing, and Obtaining Manifests214

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2 1 5 a) U$EPA approval of manifest.2162 1 7 1) A registrant may not print the manifest or have the manifest printed for2 1 8 use or distribution, unless it has received approval from the USEPA2 1 9 Director of the Office of Resource Conservation and Recovery to do so220 pursuant to 40 CFR 262.21(c) and (e), as described in subsections (c) and221 (e)-ef4Ms-See%en.222223 2) The approved registrant is responsible for ensuring that the organizations224 identified in its application are in compliance with the procedures of its225 approved application and the requirements of4O CfR 262.21, as described226 in this Section. The registrant is responsible for assigning manifest227 tracking numbers to its manifests.228229 b) A registrant must submit an initial application to the USEPA Director of the230 Office ofResource Conservation and Recovery that contains the following231 information:232233 1) The name and mailing address of registrant;23423 5 2) The name, telephone number, and email address of contact person;236237 3) A brief description of registrant’s government or business activity;238239 4) The USEPA identification number ofthe registrant, if applicable;240241 5) A description ofthe scope ofthe operations that the registrant plans to242 undertake in printing, distributing, and using its manifests, including the243 following:244245 A) A description ofthe printing operation. The description should246 include an explanation of whether the registrant intends to print its247 manifests in-house (i.e., using its own printing establishments) or248 through a separate (i.e., unaffiliated) printing company. If the249 registrant intends to use a separate printing company to print the250 manifest on its behalf, the application must identify this printing25 1 company and discuss how the registrant will oversee the company.252 If this includes the use of intermediaries (e.g., prime and253 subcontractor relationships), the role of each must be discussed.254 The application must provide the name and mailing address of255 each company. It also must provide the name and telephone256 number ofthe contact person at each company;257

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258 B) A description ofhow the registrant will ensure that its organization259 and unaffihiated companies, if any, comply with the requirements260 of4O CFR 262.21, as described in this Section. The application26 1 must discuss how the registrant will ensure that a unique manifest262 tracking number will be preprinted on each manifest. The263 application must describe the internal control procedures to be264 followed by the registrant and unaffiliated companies to ensure265 that numbers are tightly controlled and remain unique. In266 particular, the application must describe how the registrant will267 assign manifest tracking numbers to its manifests. If computer262 systems or other infrastructure will be used to maintain, track, or269 assign numbers, these should be indicated. The application must270 also indicate how the printer will pre-print a unique number on271 each form (e.g., crash or press numbering). The application also272 must explain the other quality procedures to be followed by each273 establishment and printing company to ensure that all required274 print specifications are consistently achieved and that printing275 violations are identified and corrected at the earliest practicable276 time; and277278 C) An indication of whether the registrant intends to use the manifests279 for its own business operations or to distribute the manifests to a280 separate company or to the general public (e.g., for purchase);281282 6) A brief description of the qualifications of the company that will print the283 manifest. The registrant may use readily available information to do so284 (e.g., corporate brochures, product samples, customer references,285 documentation of ISO certification), so long as such information pertains286 to the establishments or company being proposed to print the manifest;287288 7) Proposed unique three-letter manifest tracking number suffix. If the289 registrant is approved to print the manifest, the registrant must use this290 suffix to pre-print a unique manifest tracking number on each manifest;291 and292293 8) A signed certification by a duly authorized employee ofthe registrant that294 the organizations and companies in its application will comply with the295 procedures of its approved application and the requirements of 40 CFR296 262.21, as described in this Section and that it will notify the Agency and297 the USEPA Director of the Office of Resource Conservation and Recovery298 of any duplicated manifest tracking numbers on manifests that have been299 used or distributed to other parties as soon as this becomes known.300

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301 c) USEPA will review the application submitted under subsection (b) of-thi&-Seetie302 and either approve it or request additional information or modification before303 approving it.304305 d) Submission ofdocument samples.306307 1) Upon USEPA approval ofthe application pursuant to 40 CFR 262.2 1(c),308 as described in subsection (c)-ef4his-eetie+, U$EPA will provide the309 registrant an electronic file ofthe manifest, continuation sheet, and3 1 0 manifest instructions and ask the registrant to submit three fully assembled3 1 1 manifests and continuation sheet samples, except as noted in 40 CFR3 12 262.21(d)(3), as described in subsection (d)(3)-&f4his—Seetimn. The3 1 3 registrant’s samples must meet all of the specifications in 40 CFR3 14 262.2 1(f), as described in subsection (f)fths-S€tie, and be printed by3 1 5 the company that will print the manifest as identified in the application3 1 6 approved by U$EPA pursuant to 40 CFR 262.2 1(c), as described in3 17 subsection (c)-f-thi*-See%en.3183 1 9 2) The registrant must submit a description of the manifest samples as320 follows:321322 A) The paper type (i.e., manufacturer and grade of the manifest323 paper);324325 B) The paper weight ofeach copy;326327 C) The ink color of the manifest’s instructions. If screening of the ink328 was used, the registrant must indicate the extent of the screening;329 and330331 D) The method ofbinding the copies.3323 3 3 3) The registrant need not submit samples of the continuation sheet if it will334 print its continuation sheet using the same paper type, paper weight of335 each copy, ink color ofthe instructions, and binding method as its336 manifest form samples.337338 e) U$EPA will evaluate the forms and either approve the registrant to print them as339 proposed or request additional information or modification to them before340 approval. U$EPA will notify the registrant of its decision by mail. The registrant341 cannot use or distribute its forms until USEPA approves them. An approved342 registrant must print the manifest and continuation sheet according to its343 application approved by USEPA pursuant to 40 CFR 262.21(c), as described in

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344 subsection (e) ofthis-Seetion and the manifest specifications in 40 CFR 262.21(f),345 as described in subsection (f)-ef-thi-s-Seetiei. It also must print the forms346 according to the paper type, paper weight, ink color ofthe manifest instructions347 and binding method of its approved forms.348349 f) Paper manifests and continuation sheets must be printed according to the350 following specifications:351352 1) The manifest and continuation sheet must be printed with the exact format353 and appearance as USEPA forms 8700-22 and 8700-22A, respectively.354 However, information required to complete the manifest may be355 preprinted on the manifest form.356357 2) A unique manifest tracking number assigned in accordance with a358 numbering system approved by USEPA must be pre-printed in Item 4 of3 59 the manifest. The tracking number must consist of a unique three-letter360 suffix following nine digits.361362 3) The manifest and continuation sheet must be printed on 8’/2 x 1 1-inch363 white paper, excluding common stubs (e.g., top- or side-bound stubs).364 The paper must be durable enough to withstand normal use.365366 4) The manifest and continuation sheet must be printed in black ink that can367 be legibly photocopied, scanned, or faxed, except that the marginal words368 indicating copy distribution must be printed with a distinct ink color or369 with another method (e.g., white text against black background in text box3 70 or black text against grey background in text box) that clearly371 distinguishes the copy distribution notations from the other text and data372 entries on the form.373374 5) The manifest and continuation sheet must be printed as five-copys4*-epy375 forms. Copy-to-copy registration must be exact within 1/32 inch.376 Handwritten and typed impressions on the form must be legible on all377 fii&i* copies. Copies must be bound together by one or more common378 stubs that reasonably ensure that they will not become detached379 inadvertently during normal use.3803 8 1 6) Each copy of the manifest and continuation sheet must indicate how the382 copy must be distributed, as follows:383384 A) Page 1 (top copy): “Designated facility to EPA’s e-Manifest3 85386

JCAR350722-1 8 1 567 irOl

387 B) Page 2: “Designated facility to generator-S-tate (if required).’.388389 C) Page 3: “Designated facility qçpyte-generatei”.390391 D) Page 4:392393 E) Page “Generators initial4aispei%&’s copy7”.394395 F P-age 6 (bottpm copy>—-Generator’s iiiiuai ennv396397 7)398 8700-22) and the manifest continuation sheet (USEPA Form 8700-2%A),399 must be printed in accordance with the content that is currently approved400 under 0MB Control Number 2050-0039 and published to the e-Manifest401 pgram’s website, incorporated by reference in 35 Ill. Adm. Code402 7Qj11)The instructions wthe appendix to 40 CFR 262 (Uniform403404405 A4IGe4e—Th44%(b)-must appear legibly on the back ofthe copies of406 the manifest and continuation sheet as provided in 40 CFR 262.21(f), as407 described in this subsection (f). The instructions must not be visible408 through the front ofthe copies when photocopied or faxed.409410 A) Manifestform8700-22.411412 i) The “Instructions for Generators” on Copy 6413414 ii) The “Instructions for International Shipment Block” and415 “Instructions for Transporters” on Copy 4&; and416417 iii) The “Instructions for Treatment, Storage, and Disposal418 Facilities” on Copy 34.419420 B) Manifest Form 8700-22A.421422 1) The “Instructions for Generators” on Copy 5;423424 ii) The “Instructions for Transporters” on Copy 4; and425426 iii) The “Instructions for Treatment, Storage, and Disposal427 Facilities” on Copy 4.428

JCAR350722-1 8 1 5671r01

429 The designated facility copy of each manifest and continuation sheet must430 include in the bottom margin the following warningjn prominent font: “If43 1 you received this manifest, you have responsibilities under the e-Manifest432 Act. See instructions on reverse side.”433434 g) Use ofapproved manifests.435436 1) A generator may use manifests printed by any source so long as the source437 ofthe printed form has received approval from USEPA to print the438 manifest pursuant to 40 CFR 262.21(c) and (e), as described in439 subsections (c) and (e)**f4ii-s-Seetkn. A registered source may be any of440 the following:441442 A) A state agency;443444 B) A commercial printer;445446 C) A hazardous waste generator, transporter, or treatment, storage, or447 disposal facility; or442449 D) A hazardous waste broker or other preparer who prepares or450 arranges shipments of hazardous waste for transportation.451452 BOARD NOTE: USEPA maintains a listing ofregistered sources at45 3 https://www.epa.gov/hwgenerators/approved-registered-printers-epas454 manifest-registry.455456 2) The waste generator must determine whether the generator state or the457 consignment state for a shipment regulates any additional wastes (beyond452 those regulated federally) as hazardous wastes under these states’459 authorized programs. The generator must also determine whether the460 consignment state or generator state requires the generator to submit any461 copies ofthe manifest to these states. In cases where the generator must462 supply copies to either the generator’s state or the consignment state, the463 generator is responsible for supplying legible photocopies of the manifest464 to these states.465466 h) Manifest revisions.467468 1) If an approved registrant would like to update any ofthe information469 provided in its application approved by USEPA pursuant to 40 CFR470 262.21(c), as described in subsection (c) ef4his-Seet4€n-(e.g., to update a47 1 company phone number or name of contact person), the registrant must

JCAR350722-1 8 1 567 irOl

472 revise the application and submit it to the USEPA Director ofthe Office of473 Resource Conservation and Recovery, along with an indication or474 explanation ofthe update, as soon as practicable after the change occurs.475 The USEPA will either approve or deny the revision. If USEPA denies476 the revision, it will explain the reasons for the denial, and it will contact477 the registrant and request further modification before approval.478479 2) If the registrant would like a new tracking number suffix, the registrant480 must submit a proposed suffix to the U$EPA Director ofthe Office of48 1 Resource Conservation and Recovery, along with the reason for requesting482 it. USEPA will either approve the suffix or deny the suffix and provide an483 explanation why it is not acceptable.484485 3) If a registrant would like to change the paper type, paper weight, ink color486 of the manifest instructions, or binding method of its manifest or487 continuation sheet subsequent to approval by USEPA pursuant to 40 CFR488 262.21(e), as described in this subsection (e)-of4his-Seetien, then the489 registrant must submit three samples ofthe revised form for U$EPA490 review and approval. Ifthe approved registrant would like to use a new49 1 printer, the registrant must submit three manifest samples printed by the492 new printer, along with a brief description of the printers qualifications to493 print the manifest. USEPA will evaluate the manifests and either approve494 the registrant to print the forms as proposed or request additional495 information or modification to them before approval. USEPA will notify496 the registrant of its decision by mail. The registrant cannot use or497 distribute its revised forms until USEPA approves them.498499 i) If, subsequent to its approval by USEPA pursuant to 40 CFR 262.21(e), as500 described in subsection (e)-ef4his-Seetien, a registrant typesets its manifest or501 continuation sheet instead ofusing the electronic file ofthe forms provided by502 USEPA, it must submit three samples ofthe manifest or continuation sheet to the503 registry for approval. USEPA will evaluate the manifests or continuation sheets504 and either approve the registrant to print them as proposed or request additional505 information or modification to them before approval. USEPA will notify the506 registrant of its decision by mail. The registrant cannot use or distribute its507 typeset forms until U$EPA approves them.508509 j) USEPA may exempt a registrant from the requirement to submit form samples5 1 0 pursuant to 40 CFR 262.2 1 (d) or (h)(3), as described in subsection (d) or (h)(3)-ef5 1 1 this Section, if U$EPA is persuaded that a separate review of the registrants512 forms would serve little purpose in informing an approval decision (e.g., a5 1 3 registrant certifies that it will print the manifest using the same paper type, paper5 14 weight, ink color of the instructions, and binding method of the form samples

JCAR350722-1 8 1 567 irOl

5 1 5 approved for some other registrant). A registrant may request an exemption from5 1 6 USEPA by indicating why an exemption is warranted.5175 1 8 k) An approved registrant must notify U$EPA by phone or email as soon as it5 1 9 becomes aware that it has duplicated tracking numbers on any manifests that have520 been used or distributed to other parties.521522 1) If, subsequent to approval of a registrant by USEPA pursuant to 40 CfR523 262.21(e), as described in subsection (e)-ef-thi*S€e%en, USEPA becomes aware524 that the approved paper type, paper weight, ink color ofthe instructions, or525 binding method ofthe registrants form is unsatisfactory, USEPA will contact the526 registrant and require modifications to the form.527528 m) Effects of non-compliance.529530 1) U$EPA may suspend and, ifnecessary, revoke printing privileges if we53 1 find that the registrant has done either ofthe following:532533 A) The registrant has used or distributed forms that deviate from its534 approved form samples in regard to paper weight, paper type, ink535 color ofthe instructions, or binding method; or536537 B) The registrant exhibits a continuing pattern ofbehavior in using or5 3 8 distributing manifests that contain duplicate manifest tracking539 numbers.540541 2) USEPA will send a warning letter to the registrant that specifies the date542 by which it must come into compliance with the requirements. If the543 registrant does not come in compliance by the specified date, USEPA will544 send a second letter notifying the registrant that U$EPA has suspended or545 revoked its printing privileges. An approved registrant must provide546 information on its printing activities to the Agency and U$EPA if547 requested.548549 (Source: Amended at 42 Ill. Reg.

_______,

effective

______________

55055 1 Section 722.124 Use of the Electronic Manifest552553 a) Legal equivalence to paper manifests. E-Manifests that are obtained, completed,554 and transmitted in accordance with Section 722.120(a)(3), and used in accordance555 with this Section in lieu ofUSEPA Forms 8700-22 and 8700-22A are the legal556 equivalent ofpaper manifest forms bearing handwritten signatures, and satisfy for

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JCAR350722-1 8 1 5671r01

600 a generator may sign by hand and retain a paper copy of the manifest sjgned by601 hand by the initial transporter, copy602 electronically, thereby enabling the transporter and subsequent waste handlers to603 execute the remainder of the manifest copies electronicallye-Manifest System.604605 d) Requirement for one printed copy. To the extent the hazardous materials606 regulation on shipping papers for carriage by public highway requires shippers of607 hazardous materials to supply a paper document for compliance with 49 CFR602 177.87, incorporated by reference in 35 Ill. Adm. Code 720. 1 1 1 , a generator609 originating an e-Manifest must also provide the initial transporter with one printed610 copy ofthe e-Manifest.

e) Special procedures when e-Manifest is unavailable. If a generator has preparedan e-Manifest for a hazardous waste shipment, but the e-Manifest Systembecomes unavailable for any reason prior to the time that the initial transporterhas signed electronically to acknowledge the receipt of the hazardous waste fromthe generator, the generator must obtain and complete a paper manifest and ifnecessary, a continuation sheet (USEPA Forms 8700-22 and 8700-22A) inaccordance with the manifest instructionsr4èr-e+eed—i+Append%*-A4e4h%s--P-ai%,and use these paper forms from this point forward in accordance with therequirements of Section 722. 123.

f) Special procedures for electronic signature methods undergoing tests. If agenerator has prepared an e-Manifest for a hazardous waste shipment, and signsthis manifest electronically using an electronic signature method that isundergoing pilot or demonstration tests aimed at demonstrating the practicality orlegal dependability of the signature method, the generator must also sign with anink signature the generator or offeror certification on the printed copy of themanifest provided under subsection (d)-ef4hi±See&n.

This subsection (g)corresponds with 40 CFR 262.24(g), which USEPA hasremoved and marked “reservedt’ . This statement maintains consistency with thecorresponding federal rules.Imposition ofuser fee. A generator that is a user-of

&f-each Manifes4M-SEPA shall maintain and update from time-to-time thecurrent schedule of e Manifest user fees, which shall be determined based oncurrent and projected e-Manifest System costs and level of use-o-f the e-ManifestSytem

BOARD NOTE: USEPA stated in corresponding 40 CFR 262.24(g) that it woulduser fees as an appendix to 40 CFR

;e2

611612613614615616617618619620621622623624625626627628629630 g)631632633634635636637638639640641642

JCAR350722-1 8 1567 irOl

643 h) Post-Receipt Manifest Data Corrections. Afier a facility has certified to the644 receipt of hazardous wastes by signing Item 20 of the manifest, any post-receipt645 data corrections may be (e.g.,646 waste handler) named on the manifest. A generator may participate electronically647 in the post-receipt data corrections process by following the process described in648 35 111. Adm. Code 724.171(1), which applies to corrections made to either paper or649 electronic manifest records.65065 1 (Source: Amended at 42 Ill. Reg.

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effective

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652

TITLE 35: ENVIRONMENTAL PROTECTIONSUBTITLE G: WASTE DISPOSALCHAPTER I: POLLUTION CONTROL BOARDSUBCHAPTER C: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 722STANDARDS APPLICABLE TOGENERATORS OF HAZARDOUS WASTE

SUBPART A: GENERAL

Purpose, Scope, and AppliCabilityHazardous Waste DeterminationUSEPA IdentifiCation NumbersElectronic Reporting

SUBPART B: MANIFEST REQUIREMENTS APPLICABLE TOSMALL AND LARGE QUANTITY GENERATORS

Section722 . 120722 . 121

Manifests722 . 122722 . 123722 . 124722 . 125722 . 127

General RequirementsManifest Tracking Numbers, Manifest Printing, and Obtaining

Number of CopiesUse of the ManifestUse of the Electronic ManifestElectronic Manifest SignaturesWaste Minimization Certification

SUBPART C: PRE-TRANSPORT REQUIREMENTS APPLICABLE TOSMALL AND LARGE QUANTITY GENERATORS

SUBPART D: RECORDKEEPING AND REPORTING REQUIREMENTSAPPLICABLE TO SMALL AND LARGE QUANTITY GENERATORS

Section722 . 140722 . 141722 . 142722 . 143722 . 144kilograms

RecordkeepingAnnual ReportingException ReportingAdditional ReportingSpecial Requirements for Generators of between 100 and 1,000

per month

Section722 . 110722 . 111722 . 112722 . 113

Section722 . 130722 . 131722 . 132722 . 133722 . 134

PackagingLabelingMarkingPlacardingAccumulation Time

I SUBPART E: EXPORTS OF HAZARDOUS WASTE

722.150 Aio1icabi1itv722.151 Definitions722.152 General Reauirements722.153 Notification of Intent to Exoort722.154 Soecial Manifest Requirements722.155 Exceotion Report722.156 Annual Reports722 . 157 Recordkeeoina722.158 International Aareements

SUBPART F: IMPORTS OF HAZARDOUS WASTE

722.160 Imoorts of Hazardous Waste

SUBPART G : FARMERS

Section722.170 Farmers

SUBPART H: TRANS-BOUNDARY SHIPMENTS OFHAZARDOUS WASTE FOR RECOVERY OR DISPOSAL

Section

722.180 Applicability722.181 Definitions722.182 General Conditions722.183 Notification and Consent722.184 Movement Document722.185 Contracts722.186 Provisions Relating to Recognized Traders722.187 Reporting and Recordkeeping722.189 OECD Waste Lists

SUBPART K: ALTERNATIVE REQUIREMENTS FOR HAZARDOUS WASTE DETERMINATIONAND ACCUMULATION OF UNWANTED MATERIAL FOR LABORATORIES OWNED BY ELIGIBLEACADEMIC ENTITIES

Section

722.300 Definitions722.301 Applicability722.302 Opting into the Subpart K Requirements722.303 Notice of Election into the Subpart K Requirements722.304 Notice of Withdrawal from the Subpart K Requirements722.305 Summary of the Requirements of this Subpart K722.306 Container Standards in the Laboratory722.307 Personnel Training722.308 Removing Unwanted Material from the Laboratory722.309 Hazardous Waste Determination and Removal of UnwantedMaterial from the Laboratory722.310 Hazardous Waste Determination in the Laboratory

722.311 Hazardous Waste Determination at an On-Site CentralAccumulation Area722.312 Hazardous Waste Determination at an On-Site Treatment,Storage, or Disposal Facility722.313 Laboratory Clean-Outs722 . 3 14 Laboratory Management Plan722.315 Unwanted Material That Is Not Solid Waste or Hazardous Waste722.316 Non-Laboratory Hazardous Waste Generated at an EligibleAcademic Entity

722.APPENDIX A Hazardous Waste Manifest (Repealed)

AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section27 of the Environmental Protection Act [415 ILCS 5/7.2, 22.4, and 27]

SOURCE: Adopted in RSl-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 Ill. Reg. 13555, effective August 4, 1987;amended in R87-5 at 11 Ill. Reg. 19392, effective 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 November 13, 1989;amended in R90-1O at 14 Ill. Reg. 16653, effective September 25, 1990;amended in R90-11 at 15 Ill. Reg. 9644, effective June 17, 1991; amendedin R9l-l at 15 Ill. Reg. 14562, effective October 1, 1991; amended inR91-13 at 16 Ill. Reg. 9833, effective June 9, 1992; amended in R92-1 at16 Ill. Reg. 17696, effective November 6, 1992; amended in R93-4 at 17Ill. Reg. 20822, effective November 22, 1993; amended in R95-6 at 19Ill. 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 at22 Ill. Reg. 603, effective December 16, 1997; amended inR97-2l/R98-3/R98-5 at 22 Ill. Reg. 17950, effective 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; amendedin 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 December20, 2006; amended in R07-5/R07-l4 at 32 Ill. Reg. 11927, effective July14, 2008; amended in R09-16/R10-4 at 34 Ill. Reg. 18817, effectiveNovember 12, 2010; amended in Rl1-2/R11-16 at 35 Ill. Reg. 17888,effective October 14, 2011; amended in Rl2-7 at 36 Ill. Reg. 8773,effective June 4, 2012; amended in R13-15 at 37 Ill. Reg. 17763,effective October 24, 2013; amended in R15-1 at 39 Ill. Reg. 1700,effective January 12, 2015; amended in R16-7 at 40 Ill. Reg. 11717,effective August 9, 2016; recodified at 42 Ill. Reg. 11553; amended in

R19-2 at 42 Ill. Reg.

________,

effective

______________________

SUBPART B: MANIFEST REQUIREMENTS APPLICABLE TOSMALL AND LARGE QUANTITY GENERATORS

Section 722.120 General Requirements

a) Manifest form required.

1) A generator that transports hazardous waste or offers a hazardouswaste for transportation for oft-site treatment, storage, or disposal ora treatment, storage, or disposal facility that offers for transport arejected load of hazardous waste must prepare a manifest on USEPA Form8700-22 (and, if necessary, on USEPA Form 8700-22A) according to theinstructions included in the appondix to 40 CFR 262 (Uniform HazardousWaste Manifest and Instructions (EPA Forms 8700-22 and 8700-22A andThcir Instructions)), incorporated by reference in 35 Ill. Adm. Code720.111(b)

2) This subsection (a) (2) corresponds with 40 CFR 262.20(a) (2) , anapplicability statement that became obsolete for the purposes of theIllinois rules on September 6, 2006. This statement maintainsstructural parity with the corresponding federal regulations.

3) E-Manifest. In lieu of using the manifest form specified insubsection (a) (1) of this Section, a person required to prepare amanifest under subsection (a) (1) of this Section may prepare and use ane-Manifest, provided that the person complies with the followingrequirements:

A) Section 722.124 for use of e-Manifests; and

B) 40 CFR 3.10, incorporated by reference in 35 Iii. Adm. Code720.111, for the reporting of electronic documents to USEPA.

b) A generator must designate on the manifest one receiving facilitythat is permitted to handle the waste described on the manifest.

c) A generator may also designate on the manifest one alternatereceiving facility that is permitted to handle his waste in the event anemergency prevents delivery of the waste to the primary designatedfacility.

d) If the transporter is unable to deliver the hazardous waste to thedesignated receiving facility or the alternate facility, the generatormust either designate another receiving facility or instruct thetransporter to return the waste.

e) The requirements of this Subpart B do not apply to hazardous wasteproduced by generators of greater than 100 kg but less than 1,000 kg ina calendar month where the following conditions are fulfilled:

1) The waste is reclaimed under a contractual agreement thatspecifies the type of waste and frequency of shipments;

2) The vehicle used to transport the waste to the recycling facilityand to deliver regenerated material back to the generator is owned andoperated by the reclaimer of the waste; and

3) The generator maintains a copy of the reclamation agreement in hisfiles for a period of at least three years after termination orexpiration of the agreement.

f) The requirements of this Subpart B and Section 722.132(b) do notapply to the transport of hazardous wastes on a public or privateright-of-way within or along the border of contiguous property under thecontrol of the same person, even if such contiguous property is dividedby a public or private right-of-way. Notwithstanding 35 Ill. Adm. Code723 . 110 (a) , the generator or transporter must comply with therequirements for transporters set forth in 35 Ill. Adm. Code 723.130 and723.131 in the event of a discharge of hazardous waste on a public orprivate right-of-way.

(Source: Amended at 42 Ill. Reg.

________,

effective

Section 722.121 Manifest Tracking Numbers, Manifest Printing, andObtaining Manifests

a) USEPA approval of manifest.

1) A registrant may not print the manifest or have the manifestprinted for use or distribution, unless it has received approval fromthe USEPA Director of the Office of Resource Conservation and Recoveryto do so pursuant to 40 CFR 262.21(c) and (e), as described in

subsections (c) and (e) of thiz Scction.

2) The approved registrant is responsible for ensuring that theorganizations identified in its application are in compliance with theprocedures of its approved application and the requirements of 40 CFR262.21, as described in this Section. The registrant is responsible forassigning manifest tracking numbers to its manifests.

b) A registrant must submit an initial application to the USEPADirector of the Office of Resource Conservation and Recovery thatcontains the following information:

1) The name and mailing address of registrant;

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

3) A brief description of registrant’s government or businessactivity;

4) The USEPA identification number of the registrant, if applicable;

5) A description of the scope of the operations that the registrantplans to undertake in printing, distributing, and using its manifests,including the following:

A) A description of the printing operation. The description shouldinclude an explanation of whether the registrant intends to print itsmanifests in-house (i.e., using its own printing establishments) orthrough a separate (i.e., unaffiliated) printing company. If theregistrant intends to use a separate printing company to print themanifest on its behalf, the application must identify this printingcompany and discuss how the registrant will oversee the company. Ifthis includes the use of intermediaries (e.g., prime and subcontractorrelationships) , the role of each must be discussed. The applicationmust provide the name and mailing address of each company. It also mustprovide the name and telephone number of the contact person at eachcompany;

B) A description of how the registrant will ensure that itsorganization and unaffiliated companies, if any, comply with therequirements of 40 CFR 262.21, as described in this Section. Theapplication must discuss how the registrant will ensure that a uniquemanifest tracking number will be preprinted on each manifest. Theapplication must describe the internal control procedures to be followedby the registrant and unaffiliated companies to ensure that numbers aretightly controlled and remain unique. In particular, the applicationmust describe how the registrant will assign manifest tracking numbersto its manifests. If computer systems or other infrastructure will beused to maintain, track, or assign numbers, these should be indicated.The application must also indicate how the printer will pre-print aunique number on each form (e.g. , crash or press numbering) . Theapplication also must explain the other quality procedures to befollowed by each establishment and printing company to ensure that allrequired print specifications are consistently achieved and thatprinting violations are identified and corrected at the earliestpracticable time; and

C) An indication of whether the registrant intends to use themanifests for its own business operations or to distribute the manifeststo a separate company or to the general public (e.g., for purchase);

6) A brief description of the qualifications of the company that willprint the manifest. The registrant may use readily availableinformation to do so (e.g., corporate brochures, product samples,customer references, documentation of ISO certification) , so long assuch information pertains to the establishments or company beingproposed to print the manifest;

7) Proposed unique three-letter manifest tracking number suffix. Ifthe registrant is approved to print the manifest, the registrant must

use this suffix to pre-print a unique manifest tracking number on eachmanifest; and

8) A signed certification by a duly authorized employee of theregistrant that the organizations and companies in its application willcomply with the procedures of its approved application and therequirements of 40 CFR 262.21, as described in this Section and that itwill notify the Agency and the USEPA Director of the Office of ResourceConservation and Recovery of any duplicated manifest tracking numbers onmanifests that have been used or distributed to other parties as soon asthis becomes known.

c) USEPA will review the application submitted under subsection (b)

of this Scction and either approve it or request additional informationor modification before approving it.

d) Submission of document samples.

1) Upon USEPA approval of the application pursuant to 40 CFR

262.21(c), as described in subsection (c) of this Scction, USEPA willprovide the registrant an electronic file of the manifest, continuationsheet, and manifest instructions and ask the registrant to submit threefully assembled manifests and continuation sheet samples, except asnoted in 40 CFR 262.21(d) (3), as described in subsection (d) (3) of thisSection. The registrant’s samples must meet all of the specificationsin 40 CFR 262.21(f), as described in subsection (f) of this Section, andbe printed by the company that will print the manifest as identified inthe application approved by USEPA pursuant to 4 0 CFR 262 . 2 1 (c) , as

described in subsection (c) of this Section.

2) The registrant must submit a description of the manifest samplesas follows:

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

B) The paper weight of each copy;

C) The ink color of the manifest’s instructions. If screening of theink was used, the registrant must indicate the extent of the screening;and

ID) The method of binding the copies.

3) The registrant need not submit samples of the continuation sheetif it will print its continuation sheet using the same paper type, paperweight of each copy, ink color of the instructions, and binding methodas its manifest form samples.

e) USEPA will evaluate the forms and either approve the registrant toprint them as proposed or request additional information or modificationto them before approval. USEPA will notify the registrant of its

decision by mail. The registrant cannot use or distribute its formsuntil USEPA approves them. An approved registrant must print themanifest and continuation sheet according to its application approved byUSEPA pursuant to 40 CFR 262.21(c), as described in subsection (e) of—this Scction and the manifest specifications in 40 CFR 262.21(f), asdescribed in subsection (f) of this Section. It also must print theforms according to the paper type, paper weight, ink color of themanifest instructions and binding method of its approved forms.

f) Paper manifests and continuation sheets must be printed accordingto the following specifications:

1) The manifest and continuation sheet must be printed with the exactformat and appearance as USEPA Forms 8700—22 and 8700-22A, respectively.However, information required to complete the manifest may be preprintedon the manifest form.

2) A unique manifest tracking number assigned in accordance with anumbering system approved by USEPA must be pre-printed in Item 4 of themanifest. The tracking number must consist of a unique three-lettersuffix following nine digits.

3) The manifest and continuation sheet must be printed on 81/211-inch white paper, excluding common stubs (e.g., top- or side-boundstubs) . The paper must be durable enough to withstand normal use.

4) The manifest and continuation sheet must be printed in black inkthat can be legibly photocopied, scanned, or faxed, except that themarginal words indicating copy distribution must be printed with adistinct ink color or with another method (e.g., white text againstblack background in text box or black text against grey background intext box) that clearly distinguishes the copy distribution notationsfrom the other text and data entries on the form.

5) The manifest and continuation sheet must be printed as five copyo4x-copy forms. Copy-to-copy registration must be exact within 1/32inch. Handwritten and typed impressions on the form must be legible on

all five six copies. Copies must be bound together by one or morecommon stubs that reasonably ensure that they will not become detachedinadvertently during normal use.

6) Each copy of the manifest and continuation sheet must indicate howthe copy must be distributed, as follows:

A) Page 1 (top copy): “Designated facility to EPA’s e-Manifest

‘ystem destination $tatc (if rcguircd) .

B) Page 2 : “Designated facility to generator Statc (if rcguircd) .

C) Page 3: “Designated facility copy to ancrnnr”

ID) Page 4: ‘Transporter Dczignatcd facility’s copy--”.

F) Page 5 (bottom copy) : “Generator’s initial Trtcr’z copy--”.p-)- Paac 6 (bottom c : TTCcncrptprTs initial copy.”

7) The instructions for revision 12-17 of the manifest form (USEPAForm 8700-22) and the manifest continuation sheet (USEPA Form 8700-22A),must be printed in accordance with the content that is currentlyapproved under 0MB Control Number 2050-0039 and published to thee-Manifest program’s website, incorporated by reference in 35 Ill. Adm.Code 720.111(b) . The instructions in thc appcndix to 40 CFR 262(Uniform Hazardous Waztc Manifest and Inztruct±ons (EPA Forms 8700 22and 8700 22A and Their Inztructions) ) , incorporatcd by rcfcrcncc in 35Ill. Adm. Codc 720.111(b), must appear legibly on the back of the copiesof the manifest and continuation sheet as provided in 40 CFR 262.21(t),as described in this subsection (t) . The instructions must not bevisible through the front of the copies when photocopied or taxed.

A) Manitest Form 8700-22.

i) The “Instructions tor Generators” on Copy 5—6-;

ii) The “Instructions tor International Shipment Block” and

“Instructions tor Transporters” on Copy 4—5 and

iii) The “Instructions tor Treatment, Storage, and Disposal Facilities”

on Copy 3 4.

B) Manitest Form 8700-22A.

i) The “Instructions tor Generators” on Copy 5—6-;

ii) The “Instructions tor Transporters” on Copy 4—&; and

iii) The “Instructions tor Treatment, Storage, and Disposal Facilities”

on Copy 3 4.

8) The designated tacility copy ot each manifest and continuationsheet must include in the bottom margin the tollowing warning inprominent tont: “It you received this manitest, you haveresponsibilities under the e-Manitest Act. See instructions on reverseside.”

g) Use ot approved manitests.

1) A generator may use manitests printed by any source so long as thesource ot the printed torm has received approval trom USEPA to print themanitest pursuant to 40 CFR 262 . 21 (c) and (e) , as described in

subsections (c) and (e) ot this Soction. A registered source may be anyot the tollowing:

A) A state agency;

B) A commercial printer;

C) A hazardous waste generator, transporter, or treatment, storage,or disposal facility; or

ID) A hazardous waste broker or other preparer who prepares orarranges shipments of hazardous waste for transportation.

BOARD NOTE: USEPA maintains a listing of registered sources athttps: //www.epa.gov/hwgenerators/approved-registered-printers-epas-manifest-registry.

2) The waste generator must determine whether the generator state orthe consignment state for a shipment regulates any additional wastes(beyond those regulated federally) as hazardous wastes under thesestates authorized programs. The generator must also determine whetherthe consignment state or generator state requires the generator tosubmit any copies of the manifest to these states. In cases where thegenerator must supply copies to either the generators state or theconsignment state, the generator is responsible for supplying legiblephotocopies of the manifest to these states.

h) Manifest revisions.

1) If an approved registrant would like to update any of theinformation provided in its application approved by USEPA pursuant to 40

CFR 262.21(c), as described in subsection (c) of this Scction (e.g., toupdate a company phone number or name of contact person) , the registrantmust revise the application and submit it to the USEPA Director of theOffice of Resource Conservation and Recovery, along with an indicationor explanation of the update, as soon as practicable after the changeoccurs. The USEPA will either approve or deny the revision. If USEPAdenies the revision, it will explain the reasons for the denial, and itwill contact the registrant and request further modification beforeapproval.

2) If the registrant would like a new tracking number suffix, theregistrant must submit a proposed suffix to the USEPA Director of theOffice of Resource Conservation and Recovery, along with the reason forrequesting it. USEPA will either approve the suffix or deny the suffixand provide an explanation why it is not acceptable.

3) If a registrant would like to change the paper type, paper weight,ink color of the manifest instructions, or binding method of itsmanifest or continuation sheet subsequent to approval by USEPA pursuantto 40 CFR 262.21(e), as described in this subsection (e) of thisSection, then the registrant must submit three samples of the revisedform for USEPA review and approval. If the approved registrant wouldlike to use a new printer, the registrant must submit three manifestsamples printed by the new printer, along with a brief description of

the printers qualifications to print the manifest. USEPA will evaluatethe manifests and either approve the registrant to print the forms asproposed or request additional information or modification to thembefore approval. USEPA will notify the registrant of its decision bymail. The registrant cannot use or distribute its revised forms untilUSEPA approves them.

1) If, subsequent to its approval by U$EPA pursuant to 40 CFR

262.21(e), as described in subsection (e) of this Scction, a registranttypesets its manifest or continuation sheet instead of using theelectronic file of the forms provided by USEPA, it must submit threesamples of the manifest or continuation sheet to the registry forapproval. USEPA will evaluate the manifests or continuation sheets andeither approve the registrant to print them as proposed or requestadditional information or modification to them before approval. USEPAwill notify the registrant of its decision by mail. The registrantcannot use or distribute its typeset forms until USEPA approves them.

j) USEPA may exempt a registrant from the requirement to submit formsamples pursuant to 40 CFR 262.21(d) or (h) (3), as described in

subsection (d) or (h) (3) of this Section, if USEPA is persuaded that aseparate review of the registrants forms would serve little purpose ininforming an approval decision (e.g., a registrant certifies that itwill print the manifest using the same paper type, paper weight, inkcolor of the instructions, and binding method of the form samplesapproved for some other registrant) . A registrant may request anexemption from USEPA by indicating why an exemption is warranted.

k) An approved registrant must notify USEPA by phone or email as soonas it becomes aware that it has duplicated tracking numbers on anymanifests that have been used or distributed to other parties.

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

CFR 262.21(e), as described in subsection (e) of this Section, USEPAbecomes aware that the approved paper type, paper weight, ink color ofthe instructions, or binding method of the registrant’s form isunsatisfactory, USEPA will contact the registrant and requiremodifications to the form.

m) Effects of non-compliance.

1) USEPA may suspend and, if necessary, revoke printing privileges ifwe find that the registrant has done either of the following:

A) The registrant has used or distributed forms that deviate from itsapproved form samples in regard to paper weight, paper type, ink colorof the instructions, or binding method; or

3) The registrant exhibits a continuing pattern of behavior in usingor distributing manifests that contain duplicate manifest trackingnumbers.

2) USEPA will send a warning letter to the registrant that specifiesthe 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 hassuspended or revoked its printing privileges. An approved registrantmust provide information on its printing activities to the Agency andU$EPA if requested.

(Source: Amended at 42 Ill. Reg. — , effective

Section 722.124 Use of the Electronic Manifest

a) Legal equivalence to paper manifests. E-Manifests that areobtained, completed, and transmitted in accordance with Section722.120(a) (3), and used in accordance with this Section in lieu of USEPAForms 8700-22 and 8700-22A are the legal equivalent of paper manifestforms bearing handwritten signatures, and satisfy for all purposes anyrequirement in 35 Ill. Adm. Code 720 through 728 to obtain, complete,sign, provide, use, or retain a manifest.

1) Any requirement in 35 Ill. Adm. Code 721 through 728 to sign amanifest or manifest certification by hand, or to obtain a handwrittensignature, is satisfied by signing with or obtaining a valid andenforceable electronic signature within the meaning of Section 722.125.

2) Any requirement in 35 Ill. Adm. Code 721 through 728 to give,provide, send, forward, or return to another person a copy of themanifest is satisfied when an e-Manifest is transmitted to the otherperson by submission to the e-Manifest System.

3) Any requirement in any provision of 35 Ill. Adm. Code 721 through728 for a generator to keep or retain a copy of each manifest issatisfied by retention of a signed e-Manifest in the generator’s accounton the national e-Manifest System, provided that such copies are readilyavailable for viewing and production if requested by any USEPA orauthorized Agency inspector.

4) No generator may be held liable for the inability to produce ane-Manifest for inspection under this Section if the generator candemonstrate that the inability to produce the e-Manifest is dueexclusively to a technical difficulty with the e-Manifest System forwhich the generator bears no responsibility.

BOARD NOTE: The Board has rendered the language “and requirement inthese regulations” in corresponding 40 CFR 722.124(a) and (a) (1) through(a) (3) as “any requirement in any provision of 35 Ill. Adm. Code 720through 728” in the appropriate segments of this subsection (a) . TheBoard intends that use of the e-Manifest System have the same effect inIllinois as it would where the federal requirements directly apply.

li) A generator may participate in the e-Manifest System either byaccessing the e-Manitest System from its own electronic equipment, or byaccessing the e-Manifest System from portable equipment brought to thegenerators site by the transporter who accepts the hazardous wasteshipment from the generator for oft-site transportation.

c) Restriction on use of e-Manifests. A generator may use prcparc ane-Manifest for the tracking of hazardous waste shipments involving any—RCRA hazardous waste only if it is known at the time the manifest isoriginated that all waste handlers named on the manifest participate inthe use of the electronic manifest, except that a generator may sign byhand and retain a paper copy of the manifest signed by hand by theinitial transporter, in lieu of executing the generator copyelectronically, thereby enabling the transporter and subsequent wastehandlers to execute the remainder of the manifest copies

electronically.c Manifczt Systcm.

d) Requirement for one printed copy. To the extent the hazardousmaterials regulation on shipping papers for carriage by public highwayrequires shippers of hazardous materials to supply a paper document forcompliance with 49 CFR 177.817, incorporated by reference in 35 Ill.Adm. Code 720.111, a generator originating an e-Manifest must alsoprovide the initial transporter with one printed copy of the e-Manifest.

e) Special procedures when e-Manifest is unavailable. If a generatorhas prepared an e-Manifest for a hazardous waste shipment, but thee-Manifest System becomes unavailable for any reason prior to the timethat the initial transporter has signed electronically to acknowledgethe receipt of the hazardous waste from the generator, the generatormust obtain and complete a paper manifest and if necessary, acontinuation sheet (USEPA Forms 8700-22 and $700-22A) in accordance with

the manifest instructions rcfcrcnccd in Appcndix A to this Part, and usethese paper forms from this point forward in accordance with therequirements of Section 722.123.

f) Special procedures for electronic signature methods undergoingtests. If a generator has prepared an e-Manifest for a hazardous wasteshipment, and signs this manifest electronically using an electronicsignature method that is undergoing pilot or demonstration tests aimedat demonstrating the practicality or legal dependability of thesignature method, the generator must also sign with an ink signature thegenerator or offeror certification on the printed copy of the manifest

provided under subsection Cd) of this Scction.

g) This subsection (g) corresponds with 40 CFR 262 . 24 (g) , which USEPAhas removed and marked “reserved” . This statement maintains consistencywith the corresponding federal rules.Impoition of uscr fcc. Agcncrator that is a uccr of thc c Manifczt Systcm may bc azzcsscd a uzcrfcc by USEPA for thc origination of cach c Manifcst. USEPA shallmaintain and updatc from timc to timc thc currcnt cchcdulc of c Manifczt!!•-(‘ [ -F r r tTH r H H , 7 7 r1 i’ 1— -r’m - n r’ ti km r’ ,1 rvn ri i -ri—--’ i, 1—

, and projcctcd(- Manifcst Systcm costs and lcvcl of usc of thc c iianiicsi ycm.

•D 7\ D TTh TJrmE’ . TT E’ r 7\

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czponding 40 CFR 262.24(g) that itwould publish thc currcnt schcdulc of c Manifczt uscr Lccu Z 1flappcndix to 40 CFR 262.

h) Post-Receipt Manifest Data Corrections. After a facility hascertified to the receipt of hazardous wastes by signing Item 20 of themanifest, any post-receipt data corrections may be submitted at any timeby any interested person (e.g., waste handler) named on the manifest. Agenerator may participate electronically in the post-receipt datacorrections process by following the process described in 35 Iii. Adm.Code 724.171(1), which applies to corrections made to either paper orelectronic manifest records.

(Source: Amended at 42 Iii. Reg. —, effective

Section 722.AppendixAPPENDIX A Hazardous Waste Manifest (Repealed)---

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(Source: Repealed at 42 Iii. Reg. — , effective

ILLINOIS REGISTERPOLLUTION CONTROL BOARDNOTICE OF PROPOSED AMENDMENTS

JCAR350722-1815671r01

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