il-v50i40-35-ill-adm-code-722-section-numbers-adopted-actions-722-114-amendment-722-116-amendment-722-117-amendment-722-120-amendment-722-142-amendment-722-183-amendment-722-184-amendment-4-statutory-authority-implementing-sections-7-2-and-22-4-and-authorized-by-section-27-of-the-environmental-protection-act-415-ilcs-5-7-2-22-4-and-27-5-effective-date-of-rule-september-17-2026-6-does-this-rulemaking-contain-an-automatic-repeal-date-no-7-does-this-rulemaking-contain-incorporations-by-reference-no-8-statement-of-availability-the-adopted-amendments-are-available-on-the-board-s-website-https-pcb-illinois-gov-and-is-also-on-file-and-available-for-public-inspection-in-the-board-s-chicago-office-60-e-van-buren-suite-630-chicago-il-60605-9-notice-of-proposal-published-in-illinois-register-50-ill-reg-9675-july-17-2026-10-has-jcar-issued-a-statement-of-objections-to-this-rulemaking-section-22-4-a-of-the-environmental-protection-act-415-ilcs-5-22-4-a-provides-that-section-5-35-of-the-administrative-procedure-act-5-ilcs-100-5-35-does-not-apply-to-this-rulemaking-because-this-rulemaking-is-not-subject-to-section-5-35-of-the-apa-it-is-not-subject-to-first-notice-or-to-second-notice-review-by-the-joint-committee-on-administrative-rules-jcar-11-differences-between-proposal-and-final-version-722-114-a-5-f-iii-change-subpart-to-subpart-pollution-control-board-notice-of-adopted-amendments-722-120-a-1-change-board-note-to-board-note-722-183-f: 35 Ill. Adm. Code 722 Section Numbers: Adopted Actions: 722.114 Amendment 722.116 Amendment 722.117 Amendment 722.120 Amendment 722.142 Amendment 722.183 Amendment 722.184 Amendment 4) Statutory Authority: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the Environmental Protection Act [415 ILCS 5/7.2, 22.4, and 27]. 5) Effective Date of Rule: September 17, 2026 6) Does this rulemaking contain an automatic repeal date? No 7) Does this rulemaking contain incorporations by reference? No 8) Statement of Availability: The adopted amendments are available on the Board's website (https://pcb.illinois.gov/) and is also on file and available for public inspection in the Board's Chicago office, 60 E. Van Buren, Suite 630, Chicago, IL 60605. 9) Notice of Proposal Published in Illinois Register: 50 Ill. Reg. 9675, July 17, 2026 10) Has JCAR issued a Statement of Objections to this rulemaking? Section 22.4(a) of the Environmental Protection Act [415 ILCS 5/22.4(a)] provides that Section 5-35 of the Administrative Procedure Act [5 ILCS 100/5-35] does not apply to this rulemaking. Because this rulemaking is not subject to Section 5-35 of the APA, it is not subject to First Notice or to Second Notice review by the Joint Committee on Administrative Rules (JCAR). 11) Differences between proposal and final version: 722.114(a)(5)(F)(iii), change "subpart" to "Subpart" POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS 722.120(a)(1), change "board note" to "BOARD NOTE" 722.183(f)( — Standards Applicable to Generators of Hazardous Waste

1) Heading of the Part: Standards Applicable to Generators of Hazardous Waste 2) Code Citation: 35 Ill. Adm. Code 722 Section Numbers: Adopted Actions: 722.114 Amendment 722.116 Amendment 722.117 Amendment 722.120 Amendment 722.142 Amendment 722.183 Amendment 722.184 Amendment 4) Statutory Authority: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the Environmental Protection Act [415 ILCS 5/7.2, 22.4, and 27]. 5) Effective Date of Rule: September 17, 2026 6) Does this rulemaking contain an automatic repeal date? No 7) Does this rulemaking contain incorporations by reference? No 8) Statement of Availability: The adopted amendments are available on the Board's website (https://pcb.illinois.gov/) and is also on file and available for public inspection in the Board's Chicago office, 60 E. Van Buren, Suite 630, Chicago, IL 60605. 9) Notice of Proposal Published in Illinois Register: 50 Ill. Reg. 9675, July 17, 2026 10) Has JCAR issued a Statement of Objections to this rulemaking? Section 22.4(a) of the Environmental Protection Act [415 ILCS 5/22.4(a)] provides that Section 5-35 of the Administrative Procedure Act [5 ILCS 100/5-35] does not apply to this rulemaking. Because this rulemaking is not subject to Section 5-35 of the APA, it is not subject to First Notice or to Second Notice review by the Joint Committee on Administrative Rules (JCAR). 11) Differences between proposal and final version: 722.114(a)(5)(F)(iii), change "subpart" to "Subpart" POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS 722.120(a)(1), change "board note" to "BOARD NOTE" 722.183(f)(3)(C), change "vial" to "via" 12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the agreements letter issued by JCAR? Section 22.4(a) of the Environmental Protection Act [415 ILCS 5/22.4(a)] provides that Section 5-35 of the Administrative Procedure Act [5 ILCS 100/5-35] does not apply to this rulemaking. Because this rulemaking is not subject to Section 5-35 of the APA, it is not subject to First Notice or to Second Notice review by JCAR. But the Board did adopt changes requested by JCAR in public comment. 13) Will this rulemaking replace an emergency rule currently in effect? No 14) Are there any other rulemakings pending on this Part? No 15) Summary and Purpose of Rulemaking: The adopted amendments include United States Environmental Protection Agency (USEPA) updates to Subtitle C of the Resource Conservation and Recovery Act (RCRA) and additional, limited non-substantive corrections identified by the Board. The following federal updates were included in the amendments. July 26, 2024 (89 Fed. Reg. 60692): The USEPA finalized amendments to the hazardous waste manifest regulations, and the hazardous waste electronic manifest (e-Manifest) regulations under the Resource Conservation and Recovery Act (RCRA) to increase utility of the e-Manifest system in delivering benefits to reduce administrative burden and improve tracking of hazardous waste shipments, and to various related regulations. October 11, 2024 (89 Fed. Reg. 82682): USEPA established alternative RCRA standards for certain ignitable spent refrigerants being recycled for reuse. October 31, 2024 (89 Fed. Reg. 86758): USEPA made four minor corrections to the final rule that appeared in the Federal Register on July 26, 2024. December 11,2024 (89 Fed. Reg. 99727): The USEPA withdrew five amendments from its December 6, 2023, final rule revisions to the 2016 Hazardous Waste Generator Improvements Rule, the 2019 Hazardous Waste Pharmaceuticals Rule and the 2018 Vacatur of the Definition of Solid Waste Rule (88 FR 54086). POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS 16) Information and questions regarding this adopted rulemaking shall be directed to: Please reference docket R25-12 and direct inquiries to the following person: Don A. Brown, Clerk Illinois Pollution Control Board 60 E Van Buren St., Suite 630 Chicago, IL 60605 (312) 814-3620 don.brown@illinois.gov Request copies of the Board's opinion and order at (312) 814-3620 or download a copy from the Board's Website at https://pcb.illinois.gov/. Please refer to docket number R25- 12 in your request. The full text of the Adopted Amendments begins on the next page: POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS PART 722 STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE SUBPART A: GENERAL Section 722.101 Definitions 722.105 Electronic Reporting 722.110 Purpose, Scope, and Applicability 722.111 Hazardous Waste Determination 722.112 USEPA Identification Numbers (Repealed) 722.113 Generator Category Determination 722.114 Conditions for Exemption for a Very Small Quantity Generator 722.115 Satellite Accumulation Area Regulations for a Small Quantity Generator or Large Quantity Generator 722.116 Conditions for Exemption for a Small Quantity Generator That Accumulates Hazardous Waste 722.117 Conditions for Exemption for a Large Quantity Generator That Accumulates Hazardous Waste 722.118 USEPA Identification Numbers and Re-Notification for a Small Quantity Generator or Large Quantity Generator SUBPART B: MANIFEST REQUIREMENTS APPLICABLE TO SMALL AND LARGE QUANTITY GENERATORS Section 722.120 General Requirements 722.121 Manifest Tracking Numbers, Manifest Printing, and Obtaining Manifests 722.122 Number of Copies 722.123 Use of the Manifest 722.124 Use of the Electronic Manifest 722.125 Electronic Manifest Signatures 722.127 Waste Minimization Certification POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS SUBPART C: PRE-TRANSPORT REQUIREMENTS APPLICABLE TO SMALL AND LARGE QUANTITY GENERATORS Section 722.130 Packaging 722.131 Labeling 722.132 Marking 722.133 Placarding 722.134 Accumulation Time (Repealed) 722.135 Liquids in Landfills Prohibition SUBPART D: RECORDKEEPING AND REPORTING REQUIREMENTS APPLICABLE TO SMALL AND LARGE QUANTITY GENERATORS Section 722.140 Recordkeeping 722.141 Annual Reporting for Large Quantity Generators 722.142 Exception Reporting 722.143 Additional Reporting 722.144 Recordkeeping for Small Quantity Generators 722.150 Applicability (Repealed) 722.151 Definitions (Repealed) 722.152 General Requirements (Repealed) 722.153 Notification of Intent to Export (Repealed) 722.154 Special Manifest Requirements (Repealed) 722.155 Exception Report (Repealed) 722.156 Annual Reports (Repealed) 722.157 Recordkeeping (Repealed) 722.158 International Agreements (Repealed) 722.160 Imports of Hazardous Waste (Repealed) SUBPART G: FARMERS Section 722.170 Farmers SUBPART H: TRANSBOUNDARY SHIPMENTS OF HAZARDOUS WASTE FOR RECOVERY OR DISPOSAL Section 722.180 Applicability 722.181 Definitions 722.182 General Conditions 722.183 Exports of Hazardous Waste 722.184 Imports of Hazardous Waste 722.185 Contracts (Repealed) 722.186 Provisions Relating to Recognized Traders (Repealed) 722.187 Reporting and Recordkeeping (Repealed) 722.189 OECD Waste Lists (Repealed) SUBPART K: ALTERNATIVE REQUIREMENTS FOR HAZARDOUS WASTE DETERMINATION AND ACCUMULATION OF UNWANTED MATERIAL FOR LABORATORIES OWNED BY ELIGIBLE ACADEMIC ENTITIES Section 722.300 Definitions 722.301 Applicability 722.302 Opting into the Subpart K Requirements 722.303 Notice of Election into the Subpart K Requirements 722.304 Notice of Withdrawal from the Subpart K Requirements 722.305 Summary of the Requirements of this Subpart K 722.306 Container Standards in the Laboratory 722.307 Personnel Training 722.308 Removing Unwanted Material from the Laboratory 722.309 Hazardous Waste Determination and Removal of Unwanted Material from the Laboratory 722.310 Hazardous Waste Determination in the Laboratory 722.311 Hazardous Waste Determination at an On-Site Central Accumulation Area 722.312 Hazardous Waste Determination at an On-Site Treatment, Storage, or Disposal Facility 722.313 Laboratory Clean-Outs 722.314 Laboratory Management Plan 722.315 Unwanted Material That Is Not Solid Waste or Hazardous Waste 722.316 Non-Laboratory Hazardous Waste Generated at an Eligible Academic Entity SUBPART L: ALTERNATIVE STANDARDS FOR EPISODIC GENERATION Section 722.330 Applicability 722.331 Definitions for this Subpart L 722.332 Conditions for a Generator Managing Hazardous Waste from an Episodic Event 722.333 Request to Manage One Additional Episodic Event Per Calendar Year SUBPART M: PREPAREDNESS, PREVENTION, AND EMERGENCY PROCEDURES FOR LARGE QUANTITY GENERATORS Section 722.350 Applicability 722.351 Maintenance and Operation of Facility 722.352 Required Equipment 722.353 Testing and Maintenance of Equipment 722.354 Access to Communications or Alarm System 722.355 Required Aisle Space 722.356 Arrangements with Local Authorities 722.360 Purpose and Implementation of Contingency Plan 722.361 Content of Contingency Plan 722.362 Copies of Contingency Plan 722.363 Amendment of Contingency Plan 722.364 Emergency Coordinator 722.365 Emergency Procedures 722.APPENDIX A Hazardous Waste Manifest (Repealed) 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 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 R90-10 at 14 Ill. Reg. 16653, effective September 25, 1990; amended in R90-11 at POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS 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 November 6, 1992; amended in R93-4 at 17 Ill. Reg. 20822, effective 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 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. 11927, effective July 14, 2008; amended in R09-16/R10-4 at 34 Ill. Reg. 18817, effective November 12, 2010; amended in R11- 2/R11-16 at 35 Ill. Reg. 17888, effective October 14, 2011; amended in R12-7 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 R17- 14/R17-15/R18-12/R18-31 at 42 Ill. Reg. 22047, effective November 19, 2018; amended in R19- 3 at 43 Ill. Reg. 563, effective December 6, 2018; amended in R19-11 at 43 Ill. Reg. 5955, May 2, 2019; amended in R20-8/R20-16 at 44 Ill. Reg. 15263, effective September 3, 2020; amended in R21-13, R22-13, R24-4 at 48 Ill. Reg. 9846, effective June 20, 2024; R24-12 at 48 Ill. Reg. 16994, effective November 7, 2024; expedited correction in R24-12 at 50 Ill. Reg. 11967, effective November 7, 2024; amended in R25-12 at 50 Ill. Reg. 14767, effective September 17, 2026. SUBPART A: GENERAL Section 722.114 Conditions for Exemption for a Very Small Quantity Generator a) If a VSQG meets all the conditions for exemption listed in this Section, hazardous waste generated by the VSQG is not subject to the requirements of 35 Ill. Adm. Code 702, 703, 705, and 722 through 728 and the notification requirements of section 3010 of RCRA (42 USC 6930), and the VSQG may accumulate hazardous waste on site without complying with these requirements, except that the VSQG must comply with this Section and Sections 722.110 through 722.113. The conditions for exemption are as follows: 1) In a calendar month, the VSQG generates less than or equal to the amounts specified in the definition of "VSQG" in 35 Ill. Adm. Code POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS 720.110; 2) The VSQG complies with Section 722.111(a) through (d); 3) If the VSQG accumulates at any time greater than one kg (2.2 lbs) of acute hazardous waste or 100 kg (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in 35 Ill. Adm. Code 721.131 or 721.133(e), all quantities of that acute hazardous waste are subject to the following additional conditions for exemption and independent requirements: A) The waste is held on site for no more than 90 days beginning on the date when the accumulated wastes exceed the amounts provided in subsection (a)(3); B) The conditions for exemption in Section 722.117(a) through (g); C) Notification as a "very small quantity generator" in Section 722.118(a) through (c); D) Preparation and use of the manifest in Subpart B; E) Pre-transport requirements in Subpart C; F) Recordkeeping and reporting requirements in Subpart D; and G) Requirements for transboundary movements of hazardous wastes in Subpart H. 4) If the VSQG accumulates at any time 1,000 kg (2,200 lbs) or greater of non-acute hazardous waste, all quantities of that hazardous waste are subject to the following additional conditions for exemption: A) The waste is held on site for no more than 180 days, or 270 days, if applicable, beginning on the date when the accumulated waste exceed the amounts provided in subsection (a)(1); BOARD NOTE: Section 722.116(c) allows an SQG that must POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS transport its waste or offer its waste for transportation over a distance of 200 miles for off-site treatment, storage, or disposal to accumulate the waste for up to 270 days. B) The quantity of waste accumulated on site never exceeds 6,000 kg (13,200 lbs); C) The VSQG meets the conditions for exemption in Section 722.116(b)(2) through (f); D) Notification as a "very small quantity generator" under Section 722.118(a) through (c); E) Preparation and use of the manifest in Subpart B; F) Pre-transport requirements in Subpart C; G) Recordkeeping and reporting requirements in Subpart D; and H) Requirements for transboundary movements of hazardous wastes in Subpart H. 5) A VSQG that accumulates hazardous waste in amounts less than or equal to the limits in subsections (a)(3) and (a)(4) must either treat or dispose of its hazardous waste in an on-site facility or ensure delivery to an off-site treatment, storage, or disposal facility. The facility, if located in the U.S., must be one of the following: A) A permitted facility under 35 Ill. Adm. Code 702 and 703; B) An interim status facility under Subpart C of 35 Ill. Adm. Code 703 and 35 Ill. Adm. Code 725; C) A facility authorized to manage hazardous waste by a state whose hazardous waste management program is approved by USEPA under 40 CFR 271; D) A municipal solid waste landfill that is subject to the standards of 40 CFR 258 and is permitted, licensed, or registered by a USEPA- POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS authorized state to manage municipal solid waste; E) A solid waste management facility that is permitted, licensed, or registered by a state to manage non-municipal non-hazardous waste and, if the facility is a non-municipal non-hazardous waste disposal unit, the facility must comply with the requirements in subpart B of 40 CFR 257, incorporated by reference in 35 Ill. Adm. Code 720.111; F) A facility whichengaging in either of the following activities: i) Beneficially uses or reuses or legitimately recycles or reclaims its waste; orBeneficial use or reuse, or legitimate recycling or reclamation of its waste; or ii) Treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation; andTreating its waste prior to beneficial use or reuse, or legitimate recycling or reclamation; iii) For ignitable spent refrigerants regulated under Section 726 Subpart Q, meets the requirements of that subpart. G) For universal waste managed under 35 Ill. Adm. Code 733, a universal waste handler or destination facility subject to the requirements of 35 Ill. Adm. Code 733; H) An LQG under the control of the same person as the VSQG, if the following conditions are met: i) The VSQG and the LQG are under the control of the same person, as defined in 35 Ill. Adm. Code 720.110. "Control", for this Section, means the power to direct the policies of the generator, whether by the ownership of stock, voting rights, or otherwise, except that a contractor that operates a generator facility on behalf of a different person, as defined in 35 Ill. Adm. Code 720.110, cannot be deemed to "control" the VSQG and LQG. POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS ii) The VSQG marks its containers of hazardous waste with the words "Hazardous Waste" and an indication of the hazards of the contents. Examples of indication of the hazards include, but are not limited to, the applicable hazardous waste characteristics (i.e., ignitable, corrosive, reactive, or toxic); hazard communication consistent with subpart E (Labelling) and subpart F (Placarding) of 49 CFR 172, incorporated by reference in 35 Ill. Adm. Code 720.111; a hazard statement or pictogram consistent with 29 CFR 1910.1200, incorporated by reference in 35 Ill. Adm. Code 720.111; or a chemical hazard label consistent with NFPA 704, incorporated by reference in 35 Ill. Adm. Code 720.111; I) A reverse distributor (as defined in 35 Ill. Adm. Code 726.600), if the hazardous waste pharmaceutical is a potentially creditable hazardous waste pharmaceutical generated by a healthcare facility (as defined in 35 Ill. Adm. Code 726.600); J) A healthcare facility (as defined in 35 Ill. Adm. Code 726.600) that meets the conditions in 35 Ill. Adm. Code 726.602(l) and 726.603(b), as applicable, to accept non-creditable hazardous waste pharmaceuticals and potentially creditable hazardous waste pharmaceuticals from an off-site healthcare facility that is a VSQG; or K) For airbag waste, an airbag waste collection facility or a designated facility subject to the requirements of 35 Ill. Adm. Code 721.104(j). b) The placement of bulk or noncontainerized liquid hazardous waste or hazardous waste containing free liquids (whether sorbents have been added) in any landfill is prohibited. c) A VSQG experiencing an episodic event may generate and accumulate hazardous waste in compliance with Subpart L instead of Sections 722.115, 722.116, and 722.117. (Source: Amended at 50 Ill. Reg. 14767, effective September 17, 2026) Section 722.116 Conditions for Exemption for a Small Quantity Generator That Accumulates Hazardous Waste An SQG may accumulate hazardous waste on site without a permit or interim status, and without complying with the requirements of 35 Ill. Adm. Code 702, 703, 705, and 724 through 727, or the notification requirements of section 3010 of RCRA (42 USC 6930) for treatment, storage, and disposal facilities, if all of the conditions for exemption listed in this Section are met: a) Generation. The generator must generate in a calendar month no more than the amounts specified in the definition of "SQG" in 35 Ill. Adm. Code 720.110. b) Accumulation. The generator accumulates hazardous waste on site for no more than 180 days, unless in compliance with the conditions for exemption for longer accumulation in subsections (c), (d), and (e). The following accumulation conditions also apply: 1) Accumulation Limit. The quantity of acute hazardous waste accumulated on site never exceeds 1 kilogram (2.2 pounds) and the quantity of non- acute hazardous waste accumulated on site never exceedsmust never exceed 6,000 kg (13,200 lbs); 2) Accumulation of Hazardous Waste in Containers A) Condition of Containers. If a container holding hazardous waste is not in good condition or the container begins to leak, the SQG must immediately transfer the hazardous waste from this container to a container that is in good condition or immediately manage the waste in some other way that complies with the conditions for exemption of this Section. B) Compatibility of Waste with Container. The SQG must use a container made of or lined with materials that will not react with and that are otherwise compatible with the hazardous waste to be accumulated, so that the ability of the container to contain the waste is not impaired. C) Management of Containers POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS i) A container holding hazardous waste must always be closed during accumulation, except when it is necessary to add or remove waste. ii) A container holding hazardous waste must not be opened, handled, or accumulated in a manner that may rupture the container or cause it to leak. D) Inspections. At least weekly, the SQG must inspect central accumulation areas. The SQG must look for leaking containers and for deterioration of containers caused by corrosion or other factors. See subsection (b)(2)(A) for remedial action required if deterioration or leaks are detected. E) Special Conditions for Accumulation of Incompatible Wastes i) The SQG must not place incompatible wastes or incompatible wastes and materials (for examples, see appendix V to 40 CFR 265, incorporated by reference in 35 Ill. Adm. Code 720.111) must not be placed in the same container, unless the generator complies with 35 Ill. Adm. Code 725.117(b). ii) The SQG must not place hazardous waste in an unwashed container that previously held an incompatible waste or material (for examples, see appendix V to 40 CFR 265, incorporated by reference in 35 Ill. Adm. Code 720.111), unless the generator complies with 35 Ill. Adm. Code 725.117(b). iii) The SQG must separate or protect a container accumulating hazardous waste, by means of a dike, berm, wall, or other device, from any waste or other materials accumulated or stored nearby in other containers, piles, open tanks, or surface impoundments. 3) Accumulation of Hazardous Waste in Tanks A) This subsection (b)(3)(A) corresponds with 40 CFR POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS 262.16(b)(3)(i), which USEPA has marked "reserved". This statement maintains structural consistency with the corresponding federal regulation. B) An SQG of hazardous waste must comply with the following general operating conditions: i) Treatment or accumulation of hazardous waste in tanks must comply with 35 Ill. Adm. Code 725.117(b). ii) The SQG must not place hazardous wastes or treatment reagents in a tank if the hazardous wastes or treatment reagents could cause the tank or its inner liner to rupture, leak, corrode, or otherwise fail before the end of its intended life. iii) The SQG must operate uncovered tanks must be operated to ensure at least 60 centimeters (2 feet) of freeboard, unless the tank is equipped with a containment structure (e.g., dike or trench), a drainage control system, or a diversion structure (e.g., standby tank) with a capacity that equals or exceeds the volume of the top 60 centimeters (2 feet) of the tank. iv) If hazardous waste is continuously fed into a tank, the SQG must equip the tank with a means to stop this inflow (e.g., waste feed cutoff system or by-pass system to a stand-by tank). C) Except as noted in subsection (b)(3)(D), an SQG that accumulates hazardous waste in tanks must inspect each of the following, if present: i) Discharge control equipment (e.g., waste feed cutoff systems, by-pass systems, and drainage systems) at least once each operating day, to ensure that it is in good working order; ii) Data gathered from monitoring equipment (e.g., pressure POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS and temperature gauges) at least once each operating day, to ensure that the tank is being operated according to its design; iii) The level of waste in the tank at least once each operating day, to ensure compliance with subsection (b)(3)(ii)(C); iv) The construction materials of the tank at least weekly, to detect corrosion or leaking of fixtures or seams; and v) The construction materials of discharge confinement structures and the immediately surrounding area (e.g., dikes) at least weekly, to detect erosion or obvious signs of leakage (e.g., wet spots or dead vegetation). The SQG must remedy any deterioration or malfunction of equipment or structures that the inspection reveals on a schedule that ensures that the problem does not lead to an environmental or human health hazard. If a hazard is imminent or has already occurred, the SQG must immediately take remedial action. D) A SQG accumulating hazardous waste in tanks or tank systems that have full secondary containment and that either use leak detection equipment to alert personnel to leaks, or implement established workplace practices to ensure leaks are promptly identified, must inspect at least weekly, if applicable, the areas identified in subsections (b)(3)(C)(i) through (b)(3)(C)(v). Use of the alternate inspection schedule must be documented in the generator's operating record. This documentation must include a description of the established workplace practices at the SQG. E) This subsection (b)(3)(E) corresponds with 40 CFR 262.116(b)(3)(v), which USEPA has marked "reserved". This statement maintains structural consistency with the corresponding federal regulation. F) An SQG accumulating hazardous waste in tanks must remove all hazardous waste from tanks, discharge control equipment, and discharge confinement structures upon closure of the facility. At POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS closure, as throughout the operating period, unless the SQG can demonstrate, in compliance with 35 Ill. Adm. Code 721.103(c) or (d), that any solid waste removed from its tank is not a hazardous waste, then it must manage thesuch waste in complianceaccordance with all applicable provisions of this Part and 35 Ill. Adm. Code 722, 723, 725 and 728. G) An SQG must comply with the following special conditions for accumulation of ignitable or reactive waste: i) Ignitable or reactive waste must not be placed in a tank, unless the waste is treated, rendered, or mixed before or immediately after placement in a tank so that the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under 35 Ill. Adm. Code 721.121 or 721.123, and the SQG complies with 35 Ill. Adm. Code 725.117(b); the generator accumulates or treats the waste is in such a way that the waste is protected from any material or conditions that may cause it to ignite or react; or the SQG uses the tank solely for emergencies. ii) An SQG that treats or accumulates ignitable or reactive waste in covered tanks must comply with the buffer zone requirements for tanks contained in NFPA 30 (1977 or 1981), incorporated by reference in 35 Ill. Adm. Code 720.111. iii) An SQG must not place incompatible wastes, or incompatible wastes and materials (for examples, see appendix V to 40 CFR 265, incorporated by reference in 35 Ill. Adm. Code 720.111) in the same tank or place hazardous waste in an unwashed tank that previously held an incompatible waste or material, unless the generator complies with 35 Ill. Adm. Code 725.117(b). 4) Accumulation of Hazardous Waste on Drip Pads. If the waste is placed on drip pads, the SQG must comply with the following: POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS A) Subpart W of 35 Ill. Adm. Code 725 (except 35 Ill. Adm. Code 725.545(c)); B) The SQG must remove all wastes from the drip pad at least once every 90 days. Any hazardous wastes that the generator removes from the drip pad are then subject to the 180-day accumulation limit in subsection (b) and Section 722.115 if hazardous wastes are being managed in satellite accumulation areas prior to being moved to the central accumulation area; and C) The SQG must maintain on site at the facility the following records readily available for inspection: i) A written description of procedures that are 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. 5) Accumulation of Hazardous Waste in Containment Buildings. If the SQG places waste in containment buildings, the SQG must comply with Subpart DD of 35 Ill. Adm. Code 725. The SQG must label its containment buildings with the words "Hazardous Waste" in a conspicuous place easily visible to employees, visitors, emergency responders, waste handlers, or other persons on site. The SQG must also provide in a conspicuous place an indication of the hazards of the contents. Examples include, but are not limited to, the applicable hazardous waste characteristics (i.e., ignitable, corrosive, reactive, or toxic); hazard communication consistent with subpart E (Labeling) and subpart F (Placarding) of 49 CFR 172, incorporated by reference in 35 Ill. Adm. Code 720.111; a hazard statement or pictogram consistent with 29 CFR 1910.1200 (Hazard Communication), incorporated by reference in 35 Ill. Adm. Code 720.111; or a chemical hazard label consistent with NFPA 704, incorporated by reference in 35 Ill. Adm. Code 720.111. The SQG must also maintain both of the following: POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS A) The professional engineer certification that the building complies with the design standards specified in 35 Ill. Adm. Code 725.1101. This certification must be in the generator's files prior to operation of the unit; and B) The following records, by use of inventory logs, monitoring equipment, or any other effective means: i) 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 the generator is consistent with maintaining the 90 day limit, and documentation that the SQG complies with the procedures; or ii) Documentation that the SQG empties the unit at least once every 90 days. iii) The SQG must maintain inventory logs or records with the above information on site and readily available for inspection. 6) Labeling and Marking of Containers and Tanks A) Containers. An SQG must mark or label its containers with the following: i) The words "Hazardous Waste"; ii) An indication of the hazards of the contents. Examples include, but are not limited to, the applicable hazardous waste characteristics (i.e., ignitable, corrosive, reactive, or toxic); hazard communication consistent with subpart E (Labeling) and subpart F (Placarding) of 49 CFR 172, incorporated by reference in 35 Ill. Adm. Code 720.111; a hazard statement or pictogram consistent with 29 CFR 1910.1200 (Hazard Communication), incorporated by reference in 35 Ill. Adm. Code 720.111; or a chemical POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS hazard label consistent with NFPA 704, incorporated by reference in 35 Ill. Adm. Code 720.111; and iii) The date upon which each period of accumulation begins clearly visible for inspection on each container. B) Tanks. An SQG accumulating hazardous waste in tanks must do the following: i) Mark or label its tanks with the words "Hazardous Waste"; ii) Mark or label its tanks with an indication of the hazards of the contents. Examples include, but are not limited to, the applicable hazardous waste characteristics (i.e., ignitable, corrosive, reactive, or toxic); hazard communication consistent with subpart E (Labeling) and subpart F (Placarding) of 49 CFR 172, incorporated by reference in 35 Ill. Adm. Code 720.111; a hazard statement or pictogram consistent with 29 CFR 1910.1200 (Hazard Communication), incorporated by reference in 35 Ill. Adm. Code 720.111; or a chemical hazard label consistent with NFPA 704, incorporated by reference in 35 Ill. Adm. Code 720.111; iii) Use inventory logs, monitoring equipment, or other records to demonstrate that hazardous waste has been emptied within 180 days of first entering the tank if using a batch process or, in the case of a tank with a continuous flow process, demonstrate that estimated volumes of hazardous waste entering the tank daily exit the tank within 180 days of first entering; and iv) Keep inventory logs or records with the above information on site and readily available for inspection. 7) Land Disposal Restrictions. An SQG must comply with all the applicable requirements under 35 Ill. Adm. Code 728. 8) Preparedness and Prevention POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS A) Maintenance and Operation of Facility. An SQG must maintain and operate its facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water that could threaten human health or the environment. B) Required Equipment. An SQG must equip all areas where hazardous waste is either generated or accumulated with the items in subsections (b)(8)(B)(i) through (b)(8)(B)(iv) (unless none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below or the actual waste generation or accumulation area does not lend itself for safety reasons to have a particular kind of equipment specified below). An SQG may determine the most appropriate places to locate equipment necessary to prepare for and respond to emergencies. i) An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel; ii) A device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or State or local emergency response teams; iii) Portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment; and iv) Water at adequate volume and pressure to supply water hose streams, foam producing equipment, automatic sprinklers, or water spray systems. C) Testing and Maintenance of Equipment. The SQG must test and maintain all communications or alarm systems, fire protection equipment, spill control equipment, and decontamination POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS equipment, if required, as necessary to assure its proper operation in time of emergency. D) Access to Communications or Alarm System i) Whenever the SQG pours, mixes, spreads, or otherwise handles hazardous waste, all personnel involved in the operation must have immediate access (e.g.,i.e., direct or unimpeded access) to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless such a device is not required under subsection (ba)(8)(B). ii) When there is just one employee on the premises while the facility is operating, the employee must have immediate access (e.g.,i.e., direct or unimpeded access) to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, that is capable of summoning external emergency assistance, unless such a device is not required under subsection (ba)(8)(B). E) Required Aisle Space. The SQG must maintain aisle space that allows the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless aisle space is not needed for any of these purposes. F) Arrangements with Local Authorities i) The SQG must attempt to make arrangements with the local police department, fire department, other emergency response teams, emergency response contractors, equipment suppliers, and local hospitals, taking into account the types and quantities of hazardous wastes handled at the facility. Arrangements may be made with the Local Emergency Planning Committee, if this is the appropriate organization with which to make arrangements. An SQG attempting to make arrangements with its local fire department must determine the potential need for the POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS services of the local police department, other emergency response teams, emergency response contractors, equipment suppliers, and local hospitals. As part of this coordination, the SQG must attempt to make arrangements, as necessary, to familiarize the above organizations with the layout of the facility, the properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes, as well as the types of injuries or illnesses that could result from fires, explosions, or releases at the facility. If more than one police or fire department might respond to an emergency, the SQG must attempt to make arrangements designating primary emergency authority to a specific fire or police department and with any others to provide support to the primary emergency authority. BOARD NOTE: The State Emergency Response Commission (SERC) maintains an on-line listing of Local Emergency Planning Committees in Illinois by jurisdiction: www.illinois.gov/iema/Preparedness/SERC/Documents/LE PC_ReleaseReportingContactList.pdf. ii) An SQG must maintain records documenting the arrangements with the local fire department as well as any other organization necessary to respond to an emergency. This documentation must include documentation in the operating record that either confirms these arrangements actively exist or, in cases where no arrangements exist, confirming that the SQG attempted to make these arrangements. iii) A facility possessing 24-hour response capabilities may seek a waiver from the authority having jurisdiction over the fire code within Illinois or the facility's locality, as far as needing to make arrangements with the local fire department as well as any other organization necessary to respond to an emergency, provided that the SQG documents the waiver in the operating record. 9) Emergency Procedures. The SQG must comply with the following conditions for those areas of the generator facility where hazardous waste is generated and accumulated: A) At all times, at least one employee must be 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 (b)(9)(D). This employee is the emergency coordinator. B) The SQG must post the following information next to telephones or in areas directly involved in the generation and accumulation of hazardous waste: i) The name and emergency telephone number of the emergency coordinator; ii) The 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. C) The SQG must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures that are relevant to their responsibilities during normal facility operations and emergencies; D) The emergency coordinator or itshis or her designee must respond to any emergencies that arise. The required responses are the following: i) In the event of a fire, the emergency coordinator must call the fire department or attempt to extinguish the fire using a fire extinguisher; ii) When a spill occurs, the SQG must contain the flow of hazardous waste to the extent possible and, as soon as is practicable, clean up the hazardous waste and any POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS contaminated materials or soil. The SQG can either itself conduct this containment and cleanup or have a contractor perform the work on its behalf; iii) When a fire, explosion, or other release occurs that could threaten human health outside the facility, or when the SQG has knowledge that a spill has reached surface water, the SQG must immediately notify the National Response Center (using the 24-hour toll free number, 800-424-8802). The report must include the name, address, and USEPA identification number of the SQG; the date, time, and type of incident (e.g., spill or fire); the quantity and type of hazardous waste involved in the incident; the extent of any injuries; and the estimated quantity and disposition of any recovered materials. c) Transporting Waste More Than 200 Miles. An SQG that must transport its waste or offer its 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 having a permit or interim status, provided that the SQG complies with the conditions of subsection (b). d) Accumulation Time Limit Extension. An SQG that accumulates hazardous waste for more than 180 days (or for more than 270 days if the SQG must transport its waste or offer its waste for transportation over a distance of 200 miles or more for off-site treatment, storage, or disposal) is subject to the requirements of 35 Ill. Adm. Code 702, 703, 724, 725, 727, and 728, unless the Agency has granted the SQG an extension to the 180-day (or 270-day if applicable) period. The Agency may grant an extension 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 Agency may grant an extension of up to 30 days on a case-by-case basis. BOARD NOTE: The Agency may grant a provisional variance that extends the permissible accumulation period under sections 35(b) and 36(c) of the Act. This subsection provides the basis for granting and maximum duration of an extension. e) Rejected Loads 1) An SQG may accumulate returned waste on site in complianceaccordance with subsections (a) through (d) under the following conditions: A) The SQG sent the shipment of hazardous waste to a designated facility believing that the designated facility could accept and manage the waste; and B) The generator later received that shipment back as a rejected load or residue in complianceaccordance with the manifest discrepancy provisions of 35 Ill. Adm. Code 724.172 or 725.172. 2) Upon receipt of the returned shipment, the SQG must do either of the following: A) Sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest; or B) Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest. f) An SQG experiencing an episodic event may accumulate hazardous waste in complianceaccordance with Subpart L insteadin lieu of Section 722.117. (Source: Amended at 50 Ill. Reg. 14767, effective September 17, 2026) Section 722.117 Conditions for Exemption for a Large Quantity Generator That Accumulates Hazardous Waste An LQG may accumulate hazardous waste on site without a permit or interim status, and without complying with the requirements of 35 Ill. Adm. Code 702, 703 and 724 through 727 or the notification requirements of section 3010 of RCRA (42 USC 6930) for treatment, storage, and disposal facilities, if the LQG meets all of the following conditions for exemption: a) Accumulation. The LQG may accumulate hazardous waste on site for no more than 90 days, unless in compliance with the accumulation time limit extension or F006 accumulation conditions for exemption in subsections (b) through (e). The following accumulation conditions also apply: 1) Accumulation of Hazardous Waste in Containers. If the hazardous waste is placed in containers, the LQG must comply with the following requirements: A) Air Emission Standards. The LQG must comply with the applicable requirements of Subparts AA, BB, and CC of 35 Ill. Adm. Code 725; B) Condition of Containers. If a container holding hazardous waste is not in good condition, or if the container begins to leak, the LQG must immediately transfer the hazardous waste from the leaking container to a container that is in good condition or otherwise immediately manage the waste in some other way that complies with the conditions for exemption of this Section; C) Compatibility of Waste with Container. The LQG must use a container made of or lined with materials that will not react with and are otherwise compatible with the hazardous waste to be stored, so that the ability of the container to contain the waste is not impaired; D) Management of Containers i) The LQG must always keep a container holding hazardous waste closed during accumulation, except when it is necessary to add or remove waste. ii) The LQG must not open, handle, or store a container holding hazardous waste in a manner that may rupture the container or cause the container to leak. E) Inspections. At least weekly, the LQG must inspect central accumulation areas. The LQG must look for leaking containers and for deterioration of containers caused by corrosion or other factors. See subsection (a)(1)(B) for remedial action required if the LQG detects deterioration or leaks. F) Special Conditions for Accumulation of Ignitable and Reactive Wastes POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS i) The LQG must locate containers holding ignitable or reactive waste at least 15 meters (50 feet) from the facility's property line, unless the LQG obtains a written approval from the authority having jurisdiction over the local fire code that allows hazardous waste accumulation to occur within this restricted area. The LQG must maintain a record of the written approval as long as the LQG accumulates ignitable or reactive hazardous waste in this area. ii) The LQG must take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. The LQG must separate and protect this waste from sources of ignition or reaction, including the following: open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, or mechanical), spontaneous ignition (e.g., from heat-producing chemical reactions), or radiant heat. While handling ignitable or reactive waste, the LQG must confine smoking and open flame to specially designated locations. The LQG must conspicuously place "No Smoking" signs wherever there is a hazard from ignitable or reactive waste. G) Special Conditions for Accumulation of Incompatible Wastes i) The LQG must not place incompatible wastes or incompatible wastes and materials (for examples, see appendix V to 40 CFR 265, incorporated by reference in 35 Ill. Adm. Code 720.111) in the same container, unless the LQG complies with 35 Ill. Adm. Code 725.117(b). ii) The LQG must not place hazardous waste in an unwashed container that previously held an incompatible waste or material (for examples, see appendix V to 40 CFR 265, incorporated by reference in 35 Ill. Adm. Code 720.111), unless the LQG complies with 35 Ill. Adm. Code 725.117(b). POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS iii) The LQG must separate a container holding hazardous waste or otherwise protect it by means of a dike, berm, wall, or other device from any other incompatible waste or other materials accumulated or stored nearby in other containers, piles, open tanks, or surface impoundments. 2) Accumulation of Hazardous Waste in Tanks. If the LQG places the waste in tanks, the LQG must comply with the applicable requirements of Subpart J, except 35 Ill. Adm. Code 725.297(c) (Closure and Post-Closure Care) and 35 Ill. Adm. Code 725.300 (Waste Analysis and Trial Tests) and the applicable requirements of Subparts AA, BB, and CC of 35 Ill. Adm. Code 725. 3) Accumulation of Hazardous Waste on Drip Pads. If the LQG places hazardous waste on drip pads, the LQG must comply with the following: A) Subpart W of 35 Ill. Adm. Code 725; B) The LQG must remove all wastes from the drip pad at least once every 90 days. Any hazardous wastes that the LQG removes from the drip pad are subject to the 90-day accumulation limit in subsection (a) and Section 722.115, if the LQG manages the hazardous wastes in satellite accumulation areas prior to moving them to a central accumulation area; and C) The LQG must maintain on site at the facility the following records readily available for inspection: i) A written description of procedures that the LQG follows to ensure that it removes all wastes 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 that the LQG removed from the drip pad and the sump or collection system and the date and time of removal. 4) Accumulation of Hazardous Waste in Containment Buildings. If the LQG places the waste in containment buildings, the LQG must comply with Subpart DD of 35 Ill. Adm. Code 725. The LQG must label its containment building with the words "Hazardous Waste" in a conspicuous place easily visible to employees, visitors, emergency responders, waste handlers, or other persons on site. The LQG must also provide in a conspicuous place an indication of the hazards of the contents. Examples include the applicable hazardous waste characteristics (i.e., ignitable, corrosive, reactive, or toxic); hazard communication consistent with subpart E (Labeling) and subpart F (Placarding) of 49 CFR 172, incorporated by reference in 35 Ill. Adm. Code 720.111; a hazard statement or pictogram consistent with 29 CFR 1910.1200 (Hazard Communication), incorporated by reference in 35 Ill. Adm. Code 720.111; or a chemical hazard label consistent with NFPA 704, incorporated by reference in 35 Ill. Adm. Code 720.111. The LQG must also maintain both of the following: A) The professional engineer certification that the building complies with the design standards specified in 35 Ill. Adm. Code 725.1101. This certification must be in the LQG's files prior to operation of the unit; and B) The following records, by use of inventory logs, monitoring equipment, or any other effective means: i) 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 the generator is consistent with respecting the 90-day limit, and documentation that the LQG complies with the procedures ii) Documentation that the LQG empties the unit at least once every 90 days. iii) The LQG must maintain inventory logs or records with the above information on site and readily available for inspection. 5) Labeling and Marking of Containers and Tanks A) Containers. An LQG must mark or label its containers with the following: i) The words "Hazardous Waste"; ii) An indication of the hazards of the contents. Examples include, but are not limited to, the applicable hazardous waste characteristics (i.e., ignitable, corrosive, reactive, or toxic); hazard communication consistent with subpart E (labeling) and subpart F (placarding) of 49 CFR 172, incorporated by reference in 35 Ill. Adm. Code 720.111; a hazard statement or pictogram consistent with 29 CFR 1910.1200 (Hazard Communication), incorporated by reference in 35 Ill. Adm. Code 720.111; or a chemical hazard label consistent with NFPA 704, incorporated by reference in 35 Ill. Adm. Code 720.111; and iii) The date upon which each period of accumulation begins clearly visible for inspection on each container. B) Tanks. An LQG accumulating hazardous waste in tanks must do the following: i) Mark or label its tanks with the words "Hazardous Waste"; ii) Mark or label its tanks with an indication of the hazards of the contents. Examples include the applicable hazardous waste characteristics (i.e., ignitable, corrosive, reactive, or toxic); hazard communication consistent with subpart E (Labeling) and subpart F (Placarding) of 49 CFR 172, incorporated by reference in 35 Ill. Adm. Code 720.111; a hazard statement or pictogram consistent with 29 CFR 1910.1200 (Hazard Communication), incorporated by reference in 35 Ill. Adm. Code 720.111; or a chemical hazard label consistent with NFPA 704, incorporated by reference in 35 Ill. Adm. Code 720.111; POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS iii) Use inventory logs, monitoring equipment or other records to demonstrate that hazardous waste has been emptied within 90 days of first entering the tank if using a batch process or, in the case of a tank with a continuous flow process, demonstrate that estimated volumes of hazardous waste entering the tank daily exit the tank within 90 days of first entering; and iv) Keep inventory logs or records with the above information on site and readily available for inspection. 6) Emergency Procedures. The LQG must comply with the standards in Subpart M (Preparedness, Prevention and Emergency Procedures for Large Quantity Generators). 7) Personnel Training A) Personnel Training Program i) Facility personnel must successfully complete a program of classroom instruction, online training (e.g., computer-based or electronic) or on-the-job training that teaches them to perform their duties in a way that ensures compliance with this Part. The LQG must ensure that this program includes all the elements described in the document required under subsection (a)(7)(D)(iii). ii) A person trained in hazardous waste management procedures must direct the program, and the program must include instruction that teaches facility personnel hazardous waste management procedures (including contingency plan implementation) relevant to the positions in which the LQG employs them. iii) At a minimum, the design of the training program must ensure that facility personnel can respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including, if applicable, procedures for using, inspecting, POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS repairing, and replacing facility emergency and monitoring equipment; key parameters for automatic waste feed cut-off systems; communications or alarm systems; response to fires or explosions; response to ground-water contamination incidents; and shutdown of operations. iv) For facility employees that receive emergency response training under 29 CFR 1910.120(p)(8) (Emergency response program) and 1910.120(q) (Emergency response to hazardous substance releases), incorporated by reference in 35 Ill. Adm. Code 720.111, the LQG is not required to provide separate emergency response training under this Section, if the overall facility training meets all the conditions of exemption in this Section. B) Facility personnel must successfully complete the program required in subsection (a)(7)(A) within six months after the date of their employment, assignment to the facility, or assignment to a new position at the facility, whichever is later. An employee must not work in unsupervised positions until they have completed the training standards of subsection (a)(7)(A). C) Facility personnel must take part in an annual review of the initial training required in subsection (a)(7)(A). D) The LQG must maintain the following documents and records at the facility: i) The job title for each position at the facility related to hazardous waste management and the name of the employee filling each job; ii) A written job description for each position listed under subsection (a)(7)(D)(i). This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but the description must include the requisite skill, education, other qualifications, and duties of facility personnel assigned to each position; POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS iii) A written description of the type and amount of both introductory and continuing training that the LQG will give to each person filling a position listed under subsection (a)(7)(D)(i); iv) Records documenting that the LQG has given and facility personnel has completed the training or job experience required by subsections (a)(7)(A), (B), and (C). E) The LQG must keep training records on current personnel until closure of the facility. The LQG must keep training records on former employees for at least three years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company. 8) Closure. An LQG accumulating hazardous wastes in containers, tanks, drip pads, and containment buildings, prior to closing the facility or a unit at the facility, must meet the following conditions: A) Notification for Closure of a Waste Accumulation Unit. An LQG must perform one of the following when closing a waste accumulation unit, but not all waste accumulation unitsundergoing final closure: i) Place a notice in the operating record within 30 days after closure identifying the location of the unit within the facility (if the waste accumulation unit is subsequently reopened, the generator may remove the notice from the operating record); or ii) Meet the closure performance standards of subsection (a)(8)(C) for container, tank, and containment building waste accumulation units or subsection (a)(8)(D) for drip pads and notify USEPA and the Agency following the procedures in subsection (a)(8)(B)(ii) for the waste accumulation unit. If the waste accumulation unit is subsequently reopened, the LQG may remove the notice from the operating record. POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS B) Notification for Closure of the Facility i) Notify the Agency using Notification of RCRA Subtitle C Activities (Site Identification Form) (USEPA Form 8700- 12) no later than 30 days prior to closing the facility. ii) Notify the Agency using USEPA Form 8700-12 within 90 days after closing the facility that it has complied with the closure performance standards of subsection (a)(8)(C) or (a)(8)(D). If the facility cannot meet the closure performance standards of subsection (a)(8)(C) or (a)(8)(D), notify the Agency using USEPA Form 8700-12 that it will close as a landfill under 35 Ill. Adm. Code 725.410 in the case of a container, tank, or containment building units. If the facility cannot meet the closure performance standards of subsection (a)(8)(C) or (a)(8)(D), notify using USEPA Form 8700-12 that it will close under the standards of 35 Ill. Adm. Code 725.545(b) for a facility with drip pads. iii) An LQG may request additional time to clean close, but it must notify the Agency using USEPA Form 8700-12 within 75 days after the date provided in subsection (a)(8)(B)(i) to request an extension and provide an explanation as to why the additional time is required. BOARD NOTE: USEPA Form 8700-12 is available from the Agency, Bureau of Land (217-782-6762). It is also available on- line for download in PDF file format: www.epa.gov/hwgenerators/instructions-and-form-hazardous- waste-generators-transporters-and-treatment-storage-and. C) Closure Performance Standards for Container, Tank Systems, and Containment Building Waste Accumulation Units i) At closure, the LQG must close the waste accumulation unit or facility in a manner that minimizes the need for further maintenance by controlling, minimizing, or eliminating the post-closure escape of hazardous waste, POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS hazardous constituents, leachate, contaminated run-off, or hazardous waste decomposition products to the ground or surface waters or to the atmosphere to the extent necessary to protect human health and the environment. ii) The LQG must remove or decontaminate all contaminated equipment, structures, soil, and any remaining hazardous waste residues from waste accumulation units, including containment system components (pads, liners, etc.), contaminated soils and subsoils, bases, and structures and equipment contaminated with waste, unless 35 Ill. Adm. Code 721.103(d) applies. iii) The LQG must manage any hazardous waste generated in the process of closing the LQG's facility or units accumulating hazardous waste in compliance with all applicable standards of 35 Ill. Adm. Code 722, 723, 725, and 728, including removing any hazardous waste contained in these units within 90 days of generating the waste and managing these wastes in a permitted or interim status hazardous waste treatment, storage, and disposal facility. iv) If the LQG demonstrates that it cannot practicably remove or decontaminate any contaminated soils and wastes, as required in subsection (a)(8)(C)(ii), then the waste accumulation unit is considered a landfill, and the LQG must close the waste accumulation unit and perform post- closure care in compliance with the closure and post- closure care requirements that apply to landfills (35 Ill. Adm. Code 725.410). In addition, the LQG must meet all requirements for landfills specified in Subparts G and H of 35 Ill. Adm. Code 725 for closure, post-closure, and financial responsibility, for a waste accumulation unit that is a landfill. D) Closure Performance Standards for Drip Pad Waste Accumulation Units. At closure, the LQG must comply with the closure POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS requirements of subsections (a)(8)(B) and (a)(8)(C)(i), and (a)(8)(C)(iii) and 35 Ill. Adm. Code 725.545(a) and (b). E) The closure requirements of this subsection (a)(8) do not apply to satellite accumulation areas. 9) Land Disposal Restrictions. The LQG must comply with all applicable requirements of 35 Ill. Adm. Code 728. b) Accumulation Time Limit Extension. An LQG that accumulates hazardous waste for more than 90 days is subject to the requirements of 35 Ill. Adm. Code 702, 703, and 724 through 728 and the notification requirements of section 3010 of RCRA (42 USC 6930) for treatment, storage, and disposal facilities, unless the Agency granted the LQG an extension to the 90-day period. The Agency may grant an extension if hazardous wastes must remain on site for longer than 90 days due to unforeseen, temporary, and uncontrollable circumstances. The Agency may grant an extension of up to 30 days on a case-by-case basis. BOARD NOTE: The Agency may grant a provisional variance that extends the permissible accumulation period under sections 35(b) and 36(c) of the Act. This subsection provides the basis for granting and maximum duration of an extension. c) Accumulation of F006 Waste. An LQG also generating wastewater treatment sludges from electroplating operations that meet the listing description for USEPA hazardous waste number F006, may accumulate F006 waste on site for more than 90 days but not more than 180 days without being subject to 35 Ill. Adm. Code 702, 703, and 724 through 727 and the notification requirements of section 3010 of RCRA (42 USC 6930) for treatment, storage, and disposal facilities, provided that the LQG complies with all of the following additional conditions for exemption: 1) The LQG has implemented pollution prevention practices that reduce the amount of any hazardous substances, pollutants, or contaminants entering F006 waste or otherwise being released to the environment prior to recycling of the waste; 2) The F006 waste is legitimately recycled through metals recovery; 3) The LQG accumulates no more than 20,000 kg of F006 waste on site at any one time; and 4) The LQG manages the F006 waste in compliance with the following requirements: A) Requirements for Managing F006 Waste i) If the LQG places the F006 waste in containers, the LQG must comply with the applicable conditions for exemption in subsection (a)(1). ii) If the LQG places the F006 waste in tanks, the LQG must comply with the applicable conditions for exemption in subsection (a)(2). iii) If the LQG places the F006 waste in containment buildings, the LQG must comply with Subpart DD of 35 Ill. Adm. Code 725. Prior to operation of the unit, the LQG must place in the operating record of the facility the certification of a professional engineer that the containment building complies with the design standards specified in 35 Ill. Adm. Code 725.1101. The LQG must also place in the operating record either documentation that the LQG empties the unit is at least once every 180 days or all three of the following items: 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 facility waste generation and management practices showing that the practices are consistent with the 180-day limit, and documentation that the LQG is complying with the procedures. B) The LQG is exempt from all requirements of Subparts G and H of 35 Ill. Adm. Code 725, except for those referenced in subsection (a)(8). POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS C) The LQG must clearly mark the date upon which each period of accumulation begins, and the date must be clearly visible for inspection on each container. D) While accumulating waste on site, the LQG must clearly labeled or mark each container and tank is with the following: i) The words "Hazardous Waste"; and ii) An indication of the hazards of the contents. Examples include the applicable hazardous waste characteristics (i.e., ignitable, corrosive, reactive, or toxic); hazard communication consistent with subpart E (Labeling) and subpart F (Placarding) of 49 CFR 172; a hazard statement or pictogram consistent with 29 CFR 1910.1200; or a chemical hazard label consistent with NFPA 704, each incorporated by reference in 35 Ill. Adm. Code 720.111. E) The LQG must comply with the requirements in subsections (a)(6) and (a)(7). d) F006 Waste Transported over 200 Miles. An LQG also generating wastewater treatment sludges from electroplating operations that meet the listing description for the USEPA hazardous waste number F006, may accumulate F006 waste on site for more than 90 days but not more than 270 days without being subject to 35 Ill. Adm. Code 702, 703, and 724 through 727 and the notification requirements of section 3010 of RCRA (42 USC 6930) for treatment, storage, and disposal facilities, if the LQG must transport this waste or offer this waste for transportation over a distance of 200 miles or more for off-site metals recovery and the LQG complies with all of the conditions for exemption of subsections (c)(1) through (c)(4). e) F006 Waste Accumulation Time Extension. An LQG accumulating F006 waste in compliance with subsections (c) and (d) that either accumulates F006 waste on site for more than 180 days (or for more than 270 days if the LQG must transport this waste or offer this waste for transportation over a distance of 200 miles or more) or accumulates more than 20,000 kg (44,000 lbs) of F006 waste on site is an operator of a storage facility and is subject to the requirements of 35 Ill. Adm. Code 702, 703, 724, 725, 727 and the notification requirements of section 3010 of POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS RCRA (42 USC 6930) for treatment, storage, and disposal facilities, unless the Agency has granted the LQG an extension to the 180-day period (or 270-day period, if applicable) or an exception to the 20,000- kg (44,000 lb) accumulation limit. The Agency may grant an extension of the accumulation period or an exception to the accumulation limit if F006 waste must remain on site for longer than 180 days (or 270 days, if applicable) or if more than 20,000 kg (44,000 lbs) of F006 waste must remain on site due to unforeseen, temporary, and uncontrollable circumstances. The Agency may grant an extension of up to 30 days or an exception to the accumulation limit on a case-by-case basis. BOARD NOTE: The Agency may grant a provisional variance that extends the permissible accumulation period or accumulation amount limit under sections 35(b) and 36(c) of the Act. This subsection provides the basis for granting and maximum duration of an extension. f) Consolidation of Hazardous Waste Received from VSQGs. An LQG may accumulate on site hazardous waste received from a VSQG under control of the same person (as defined in 35 Ill. Adm. Code 720.110), without a storage facility permit or interim status and without complying with the requirements of 35 Ill. Adm. Code 702, 703, and 724 through 728 and the notification requirements of section 3010 of RCRA (42 USC 6930) for treatment, storage, and disposal facilities, provided that the LQG complies with the following conditions. "Control", for this Section, means the power to direct the policies of the LQG and VSQG, whether by the ownership of stock, voting rights, or otherwise, except that a contractor that operates a LQG or VSQG facility on behalf of a different person is not be considered to "control" the LQG or VSQG. 1) The LQG must notify the Agency at least 30 days prior to receiving the first shipment from a VSQG using Notification of RCRA Subtitle C Activities (Site Identification Form) (USEPA Form 8700-12); and A) The LQG must identify on the form the names and site addresses for the VSQG as well as the name and business telephone number for a contact person for the VSQG; and B) The LQG must submit an updated USEPA Form 8700-12 within 30 days after a change in the name or site address for the VSQG. POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS BOARD NOTE: USEPA Form 8700-12 is available from the Agency, Bureau of Land (217-782-6762). It is also available on-line for download in PDF file format: www.epa.gov/hwgenerators/instructions-and-form- hazardous-waste-generators-transporters-and-treatment-storage-and. 2) The LQG maintains records of shipments for three years from the date the LQG receives the hazardous waste from the VSQG. These records must identify the name, site address, and contact information for the VSQG and include a description of the hazardous waste received, including the quantity and the date the LQG received the waste. 3) The LQG must comply with the independent requirements identified in Section 722.110(a)(1)(C) and the conditions for exemption in this Section for all hazardous waste received from a VSQG. For the labeling and marking regulations in subsection (a)(5), the LQG must label the container or unit with the date accumulation started (i.e., the date the LQG received the hazardous waste from the VSQG). If the LQG is consolidating incoming hazardous waste from a VSQG with either its own hazardous waste or with hazardous waste from other VSQGs, the LQG must label each container or unit with the earliest date when the VSQG first accumulated on site any hazardous waste in the container. g) Rejected Load. An LQG may accumulate the returned waste on site in compliance with subsections (a) and (b) if the LQG sent the shipment of hazardous waste to a designated facility believing that the designated facility can accept and manage the waste and later received that shipment back as a rejected load or residue in compliance with the manifest discrepancy provisions of 35 Ill. Adm. Code 724.172 or 725.172. Upon receipt of the returned shipment, the LQG must do either of the following: 1) Sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest; or 2) Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest. (Source: Amended at 50 Ill. Reg. 14767, effective September 17, 2026) SUBPART B: MANIFEST REQUIREMENTS APPLICABLE TO POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS SMALL AND LARGE QUANTITY GENERATORS Section 722.120 General Requirements a) Paper Manifest.Manifest Form Required 1) An SQG or LQG that transports hazardous waste or offers for transport a hazardous wasteoffers a hazardous waste for transportation for off-site treatment, storage, or disposal or a treatment, storage, or disposal facility that offers for transport a rejected hazardous waste load,load of hazardous waste must prepare a manifest (OMB Control number 2050-0039) on USEPA Form 8700-22, (and, if necessary, on USEPA Form 8700-22A.) Large and small quantity generators must register with the USEPA's e- Manifest system to obtain signed and dated copies of completed manifests from USEPA e-Manifest system and comply with subsection (a)(2). BOARD NOTE according to the instructions included in the Uniform Hazardous Waste Manifest and Instructions (USEPA Forms 8700-22 and 8700-22A), incorporated by reference in 35 Ill. Adm. Code 720.111(b). 2) Post-receipt manifest data corrections. After facilities have certified that the manifest is complete, by signing it at the time of submission to the USEPA e-Manifest system, any post-receipt data corrections may be submitted at any time by any interested person (e.g., waste handler) named on the manifest. If corrections are requested by the Agency for portions of the manifest that a generator is required to complete, the generator must address the data correction within 30 days from the date of the request. Data correction submissions must be made electronically via the post- receipt data corrections process as described in Section 725.171(l), which applies to corrections made to either paper or electronic manifestsThis subsection (a)(2) corresponds with 40 CFR 262.20(a)(2), an applicability statement that became obsolete for the purposes of the Illinois rules on September 6, 2006. This statement maintains structural parity with the corresponding federal regulations. 3) E-Manifest. In lieu of using the manifest form specified in subsection (a)(1), a person required to prepare a manifest under subsection (a)(1) may prepare and use an e-Manifest, provided that the person complies with the following requirements: POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS A) Section 722.124 for use of e-Manifests; and B) 40 CFR 3.10, incorporated by reference in 35 Ill. Adm. Code 720.111, for the reporting of electronic documents to USEPA. b) An SQG or LQG must designate on the manifest one receiving facility that is permitted to handle the waste described on the manifest. c) An SQG or LQG 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. d) If the transporter is unable to deliver the hazardous waste to the designated receiving facility or the alternate facility, the SQG or LQG must either designate another receiving facility or instruct the transporter to return the waste. e) 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; 2) 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 3) The SQG or LQG 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 723.130 and 723.131 in the event of a discharge of hazardous waste on a public or private right-of-way. POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS (Source: Amended at 50 Ill. Reg. 14767, effective September 17, 2026) SUBPART D: RECORDKEEPING AND REPORTING REQUIREMENTS APPLICABLE TO SMALL AND LARGE QUANTITY GENERATORS Section 722.142 Exception Reporting a) For LQG. 1) A LQG that does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 4535 days ofafter the date the waste was accepted by the initial transporter must contact the transporter or the owner or operator of the designated facility to determine the status of the hazardous waste. 2) A LQG must submit an Exception Report to the Agency if the generator has not received a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 6045 days ofafter the date the waste was accepted by the initial transporter. The Exception Report must include the following documents: A) A legible copy of the manifest for which the generator does not have a confirmation of delivery; and B) A cover letter signed by the generator or the generator's authorized representative explaining the efforts taken to locate the hazardous waste and the result of those efforts. 3) Within 30 days of adoption, the Agency will no longer accept mailed paper Exception Reports from LQGs. Beginning on December 1, 2025, a LQG must submit an Exception Report to the USEPA e-Manifest system if the generator has not received a copy of the manifest with the signature of the owner or operator of the designated facility within 60 days of the date the waste was accepted by the initial transporter. The Exception Report must include: A) A legible copy of the manifest for which the generator does not have confirmation of delivery. POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS B) An explanation of the efforts taken to locate the hazardous waste and the results of those efforts. b) A SQG that does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 60 days after the date the waste was accepted by the initial transporter must: submit a legible copy of the manifest to the Agency, with some indication that the generator has not received confirmation of delivery. 1) Submit a legible copy of the manifest, with some indication that the generator has not received confirmation of delivery, to the Agency. BOARD NOTE: The submission need be only a handwritten or typed note on the manifest itself, or on an attached sheet of paper, stating that the returned copy was not received. 2) Within 30 days of adoption, the Agency will no longer accept mailed paper Exception Reports from SQGs. Beginning on December 1, 2025, a SQG must submit a legible copy of the manifest, with some indication that the generator has not received confirmation of delivery, to the Agency. Generators that are normally VSQGs but are subject to the SQG provisions of this subsection (b) because of an episodic generation event pursuant to Section 722.332.(a)(5) must submit a legible copy of the manifest, with some indication that the generator has not received confirmation of delivery, to the Agency. c) A generator must comply with the requirements of subsection (a) or (b), as applicable, when a designated facility has forwarded a rejected shipment of hazardous waste or container residues contained in non-empty containers to an alternate facility using a new manifest (following the procedures of 35 Ill. Adm. Code 724.172(e)(1) through (e)(6) or 725.172(e)(1) through (e)(6)). For generator compliance with subsection (a) or (b), when a designated facility forwards a shipment of rejected waste to an alternate facility, the following requirements apply: 1) The copy of the manifest received by the generator must have the handwritten signature of the owner or operator of the alternate facility in POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS place of the signature of the owner or operator of the designated facility; and 2) The 35-, 45-, or 60-day timeframes begin on the date that the initial transporter accepts the waste from the designated facility for shipment to the alternate facility. d) Exception Report Retention 1) Beginning on December 1, 2025, any requirement in Section 722.140 for a generator to keep or retain a copy of an Exception Report is satisfied by retention of a signed electronic Exception Report in the generator's account on the USEPA e-Manifest system, provided that the Exception Report is readily available if requested by the Agency. 2) Beginning on December 1, 2025, no generator may be held liable for the inability to produce an electronic Exception Report for inspection under this section if the generator can demonstrate that the inability to produce the electronic Exception Report is due exclusively to a technical difficulty with the e-Manifest system for which the generator bears no responsibility. (Source: Amended at 50 Ill. Reg. 14767, effective September 17, 2026) SUBPART H: TRANSBOUNDARY SHIPMENTS OF HAZARDOUS WASTE FOR RECOVERY OR DISPOSAL Section 722.183 Exports of Hazardous Waste a) General Export Requirements. Except as provided in subsections (a)(5) and (a)(6), an exporter that receives an AOC from USEPA before December 31, 2016 is subject to that approval and the requirements listed in the AOC as they existed at the time of that approval until the approval period expires. All other exports of hazardous waste are prohibited unless the following conditions are fulfilled: 1) The exporter complies with the contract requirements in subsection (f); 2) The exporter complies with the notification requirements in subsection (b); 3) The exporter receives an AOC from USEPA documenting consent from the countries of import and transit (and original country of export if exporting previously imported hazardous waste); 4) The exporter ensures compliance with the movement documents requirements in subsection (d); 5) The exporter ensures compliance with the manifest instructions for export shipments in subsection (c); and 6) The exporter or a U.S. authorized agent must submit electronic export information (EEI) for each shipment to the Automated Export System (AES) or its successor system, under the International Trade Data System (ITDS) platform, in compliance with 15 CFR 30.4(b), incorporated by reference in 35 Ill. Adm. Code 720.111, and includes the following items in the EEI, along with the other information required under 15 CFR 30.6, incorporated by reference in 35 Ill. Adm. Code 720.111: A) The USEPA license code; B) The commodity classification code for each hazardous waste per 15 CFR 30.6(a)(12), incorporated by reference in 35 Ill. Adm. Code 720.111; C) The USEPA consent number for each hazardous waste; D) The country of ultimate destination code per 15 CFR 30.6(a)(5), incorporated by reference in 35 Ill. Adm. Code 720.111; E) The date of export per 15 CFR 30.6(a)(2), incorporated by reference in 35 Ill. Adm. Code 720.111; F) The RCRA hazardous waste manifest tracking number, if required; G) The quantity of each hazardous waste in shipment and units for reported quantity, if required reporting units established by value for the reported commodity classification number are in units of weight or volume per 15 CFR 30.6(a)(15), incorporated by POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS reference in 35 Ill. Adm. Code 720.111; or H) The USEPA net quantity for each hazardous waste reported in units of kilograms if solid or in units of liters if liquid, if required reporting units established by value for the reported commodity classification number are not in units of weight or volume. b) Notifications 1) General Notifications. At least 60 days before the first shipment of hazardous waste is expected to leave the United States, the exporter must provide notification in English to USEPA of the proposed transboundary movement. Notifications must be submitted electronically using USEPA's Waste Import Export Tracking System (WIETS), or its successor system. The notification may cover up to one year of shipments of one or more hazardous wastes being sent to the same recovery or disposal facility, and the notification must include all of the following information: A) The exporter name and USEPA identification number, site address, telephone, fax numbers, and email address; B) The foreign receiving facility name, site address, telephone, fax numbers, email address, technologies employed, and the applicable recovery or disposal operations, as defined in Section 722.181; C) The foreign importer name (if not the owner or operator of the foreign receiving facility), site address, telephone, fax numbers, and email address; D) The intended transporters or their agents; site address, telephone, fax, and email address; E) "U.S." as the country of export name, "USA01" as the relevant competent authority code, and the intended U.S. ports of exit; F) The International Standard ISO 3166-1:2013, incorporated by reference in 35 Ill. Adm. Code 720.111, country name alpha-2 code, any code for the OECD/Basel competent authority, and the ports of entry and exit for each country of transit; POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS G) The International Standard ISO 3166-1:2013, incorporated by reference in 35 Ill. Adm. Code 720.111, country name alpha-2 code, any code for the OECD/Basel competent authority, and port of entry for the country of import; H) A statement of whether the notification covers a single shipment or multiple shipments; I) The start and end dates requested for transboundary movements; J) The planned means of transport; K) A description of each hazardous waste, including whether each hazardous waste is regulated universal waste under 35 Ill. Adm. Code 733, spent lead-acid batteries being exported for recovery of lead under Subpart G of 35 Ill. Adm. Code 726, or industrial ethyl alcohol being exported for reclamation under 35 Ill. Adm. Code 721.106(a)(3)(A); the estimated total quantity of each waste in either metric tons or cubic meters; the applicable USEPA hazardous waste numbers for each hazardous waste; the applicable waste code from the lists in the OECD Guidance Manual, incorporated by reference in 35 Ill. Adm. Code 720.111; and the United Nations/USDOT identification number from the Hazardous Materials Table in 49 CFR 172.101, incorporated by reference in 35 Ill. Adm. Code 720.111, for each waste; L) Specification of the recovery or disposal operations, as defined in Section 722.181. M) A declaration and certification signed by the exporter 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 guarantee is or shall be in force covering the transboundary movement. Name: Signature: Date: BOARD NOTE: The United Nations Environment Programme, Basel Convention maintains an on-line list of competent authorities by country (www.basel.int/Countries/CountryContacts/tabid/1342/Default.aspx). The European Commission maintains a list of competent authorities for European Union members (ec.europa.eu/environment/waste/shipments/pdf/list_competent_authoritie s.pdf). 2) Exports to Pre-Consented Recovery Facilities in OECD Member Countries. If the recovery facility is located in an OECD member country and has been pre-consented by the competent authority of the OECD member country to recover the waste sent by exporters located in other OECD member countries, the notification may cover up to three years of shipments. A notification proposing export to a preconsented facility in an OECD member country must include all information listed in subsections (b)(1)(A) through (b)(1)(M) and additionally state that the facility is preconsented. The exporter must submit the notification to USEPA using the methods listed in subsection (b)(1) at least ten days before the first shipment is expected to leave the United States. 3) Notifications Listing Interim Recycling Operations or Interim Disposal Operations. If the foreign receiving facility listed in subsection (b)(1)(B) will engage in any of the interim recovery operations R12 or R13 or interim disposal operations D13 through D15, or in the case of transboundary movements with Canada, any of the interim recovery operations R12, R13, or RC3, or interim disposal operations D13 to D14, or D15, the notification submitted in compliance withaccording to subsection (b)(1) must also include the final foreign recovery or disposal facility name, site address, telephone, fax numbers, email address, technologies employed, and which of the applicable recovery or disposal operations R1 through R11 and D1 through D12, or in the case of transboundary movements with Canada, which of the applicable recovery disposal operations R1through R11, RC1 to RC2, D1 through D12, and DC1 to DC2 will be employed at the final foreign recovery or disposal POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS facility will employ. For transboundary movements to Canada, in addition to the foreign receiving facilities listed in subsection (b)(1)(B), if the foreign receiving facility will engage in interim recovery operations or interim disposal operations, the notification submitted according to subsection (b)(1) must also include the final foreign recovery or disposal facility name, address, telephone, fax numbers, email address, technologies employed, and which of the applicable recovery or disposal operations R1 through R11, RC1 to RC2, D1 through D12, and DC1 to DC2 the final foreign recovery or disposal facility will employ. The recovery and disposal operations in this subsection (b)(3) are defined in Section 722.181. 4) Renotifications. When the exporter wishes to change any of the information specified on the original notification (including increasing the estimate of the total quantity of hazardous waste specified in the original notification or adding transporters), the exporter must submit a renotification of the changes to USEPA using the methods in subsection (b)(1). Any shipment using the requested changes cannot take place until the countries of import and transit consent to the changes and the exporter receives an USEPA AOC letter documenting the countries' consents to the changes. 5) If the proposed country of import and recovery or disposal operations are not covered under an international agreement to which both the United States and the country of import are parties, USEPA will coordinate with the Department of State to provide the complete notification to the country of import and any countries of transit. In all other cases, USEPA will provide the notification directly to the country of import and any countries of transit. A notification is complete when USEPA receives a notification that USEPA determines satisfies the requirements of subsections (b)(1)(A) through (b)(1)(M). 6) If the countries of import and transit consent to the proposed transboundary movements of the hazardous wastes, USEPA will forward an USEPA AOC letter to the exporter documenting the countries' consents. Where any of the countries of import and transit objects to the proposed transboundary movements of the hazardous waste or withdraws a prior consent, USEPA stated that it will notify the exporter. 7) Export of hazardous wastes for recycling or disposal operations that were originally imported into the United States for recycling or disposal operations in a third country is prohibited unless an exporter in the United States complies with the export requirements in Section 722.183, including providing notification to USEPA in compliance with subsection (b)(1). In addition to listing all required information in subsections (b)(1)(A) through (b)(1)(M), the exporter must provide the original consent number issued for the initial import of the wastes in the notification, and receive an AOC from USEPA documenting the consent of the competent authorities in new country of import, the original country of export, and any transit countries prior to reexport. 8) Upon request by USEPA, the exporter must furnish to USEPA any additional information which the country of import requests to respond to a notification. c) RCRA Manifest Instructions for Export Shipments. The exporter must comply with the manifest requirements of Sections 722.120 through 722.125, except that722.123, with the following exceptions: 1) (Block 8): Instead of the name, site address and USEPA ID number of the designated facility, the exporter must enter the name and site address of the foreign receiving facility; 2) (Block 16): In the International Shipments block on the continuation sheet (USEPA Form 8700-22A), the exporter must: check the export box and enter the port of exit (city and state) from the United States. A) Check the export box and enter the U.S. port of exit (city and State) from the United States B) Enter the exporter's USEPA ID number, if the exporter is not identified in Item 5 of the manifest (USEPA Form 8700-22) for the export shipment; and C) List the waste stream consent number from the AOC for each hazardous waste listed on the manifest, matched to the relevant list number for the hazardous waste from block 9b. If additional space POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS is needed, the exporter should use an additional Continuation Sheet(s) (USEPA Form 8700-22A). 3) The exporter may obtain the manifest from any source so long as the source of the printed form has received approval from the USEPA to print the manifest in compliance with 40 CFR 262.21(g)(1).The exporter must list the consent number from the AOC for each hazardous waste listed on the manifest, matched to the relevant list number for the hazardous waste from block 9b. If additional space is needed, the exporter should use Continuation Sheets (USEPA Form 8700–22A). 4) Beginning on December 1, 2025, within 30 days of receiving an export manifest from the final domestic transporter to carry the export shipment to or across the U.S. port of exit, the exporter must submit the top copy (Page 1) of the signed and dated manifest (whether electronic or paper) and all continuation sheets (whether electronic or paper) to the USEPA e- Manifest system. The exporter must submit the paper manifest and all paper continuation sheets to the USEPA e-Manifest system for purposes of data entry and processing by transmitting to the USEPA e-Manifest system an image file of Page 1 of the manifest and all continuation sheets, or by transmitting to the USEPA e-Manifest system both a data file and the image file corresponding to Page 1 of the manifest and all continuation sheets. A) As prescribed in 40 CFR 265.1311, and determined in 40 CFR 265.1312, an exporter who is a user of the electronic manifest system shall be assessed a user fee by the USEPA for the submission and processing of each electronic and paper manifest. The USEPA shall update the schedule of user fees and publish them to the user community, as provided in 40 CFR 265.1313. B) An exporter subject to user fees under 40 CFR 262.83 must make user fee payments in compliance with the requirements of 40 CFR 265.1314, subject to the informal fee dispute resolution process of 40 CFR 265.1316, and subject to the sanctions for delinquent payments under 40 CFR 265.1315. C) Electronic manifest signatures shall meet the criteria described in 40 CFR 262.25. POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS D) Within 30 days of receiving a paper replacement manifest from the last transporter carrying the shipment to or across the U.S. border for a manifest that was originated electronically, the exporter must send a signed and dated copy of the paper replacement manifest to the USEPA e-Manifest system. E) After foreign facilities have certified to the receipt of hazardous wastes by sending a copy of the movement document to the exporter per subsection (d)(2)(Q), any post-receipt data corrections may be submitted at any time by any interested person (e.g., domestic waste handler) shown on the manifest. If requested by the USEPA, an exporter must address manifest data corrections within 30 days from the date of the request. Data correction submissions must be made electronically via the post-receipt data corrections process as described in 40 CFR 265.71(l), which applies to corrections made to either paper or electronic manifests. The exporter may obtain the manifest from any source that is registered with the USEPA as a supplier of manifests (e.g., a state, a waste handler, or a commercial forms printer). BOARD NOTE: USEPA maintains a listing of registered sources at https://www.epa.gov/hwgenerators/approved-registered-printers-epas- manifest-registry d) Movement Document Requirements for Export Shipments 1) An exporter must ensure that a movement document meeting the conditions of subsection (d)(2) accompanies each transboundary movement of hazardous wastes from the initiation of the shipment until the wastes reach the foreign receiving facility, including cases where the hazardous waste is stored or sorted by the foreign importer before shipment to the foreign receiving facility, except as follows: A) For shipments of hazardous waste within the United States solely by water (bulk shipments only), the exporter must forward the movement document to the last water (bulk shipment) transporter to handle the hazardous waste in the United States if exported by POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS water. B) For rail shipments of hazardous waste within the United States which start from the company originating the export shipment, the exporter must forward the movement document to the next non-rail transporter, if any, or the last rail transporter to handle the hazardous waste in the United States if exported by rail. 2) The movement document must include the following: A) The corresponding consent numbers and USEPA hazardous waste numbers for the listed hazardous waste from the relevant USEPA AOCs and if required to be accompanied by a RCRA Uniform Hazardous Waste Manifest within the United States, the manifest tracking number from block 4; B) The shipment number and the total number of shipments from the USEPA AOC or the movement tracking number; C) The exporter name and USEPA identification number, site address, telephone, fax numbers, and email address; D) The foreign receiving facility name, site address, telephone, fax numbers, email address, technologies employed, and the applicable recovery or disposal operations, as defined in Section 722.181; E) The foreign importer name (if not the owner or operator of the foreign receiving facility), site address, telephone, fax numbers, and email address; F) A description of each hazardous waste; the quantity of each hazardous waste in the shipment; the applicable hazardous waste numbers for each hazardous waste; the applicable OECD waste code for each hazardous waste from the lists in the OECD Guidance Manual, incorporated by reference in 35 Ill. Adm. Code 720.111; and the United Nations/USDOT identification number from the Hazardous Materials Table in 49 CFR 172.101, incorporated by reference in 35 Ill. Adm. Code 720.111, for each hazardous waste; POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS G) The date movement started; H) The name (if not exporter), site address, telephone, fax numbers, and email of company originating the shipment; I) The company name, USEPA identification number, site address, telephone, fax numbers, and email address of each transporter; J) Identification (license, registered name, or registration number) of means of transport, including types of packaging; K) Any special precautions to be taken by transporters; L) A declaration and certification signed and dated by the exporter that the information in the movement document is complete and correct; M) The appropriate signatures for each custody transfer (e.g., transporter, importer, and owner or operator of the foreign receiving facility); N) Each U.S. person that has physical custody of the hazardous waste from the time the movement starts until it arrives at the foreign receiving facility must sign the movement document (e.g., transporter, foreign importer, and owner or operator of the foreign receiving facility); and O) As part of the contract requirements in subsection (f), the exporter must require that the foreign receiving facility send a copy of the signed movement document to the competent authorities of the countries of import and transit to confirm receipt within three working days of shipment delivery to the exporter, and to the competent authorities of the countries of import and transit that control the shipment as an import and transit of hazardous waste respectively. For shipments occurring on or after the electronic import-export reporting compliance date, the . The exporter must: additionally require that the foreign receiving facility send a copy to USEPA at the same time using the WIETS described in POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS subsection (b)(1). i) Initiate the movement document using the allowable methods listed in subsection (b)(1); and ii) Close out the movement document within three working days of receiving a copy of the signed movement document sent from the foreign receiving facility to confirm receipt using the allowable methods listed in subsection (b)(1). P) As part of the contract requirements per subsection (f), the exporter must require that the foreign receiving facility send a copy of the confirmation of recover or disposal, as soon as possible, but no later than thirty days after completing recovery or disposal on the waste in the shipment and no later than one calendar year following receipt of the waste to the exporter and to the competent authority of the country of import. If the movement includes shipment to a foreign interim receiving facility, the exporter must additionally require that the interim receiving facility promptly send copies of the confirmation of recovery or disposal that it receives from the final recovery or disposal facility within one year of shipment delivery to the final recovery or disposal facility that performed one of recovery operations R1 through R11, or RC1, or one of disposal operations D1 through D12, DC1 or DC2 as defined in Section 722.181 to the competent authority of the country of import and to the exporter. For shipments occurring on or after the electronic import-export reporting compliance date, the exporter must submit each confirmation of recovery or disposal to the USEPA within three working days of receiving the confirmation of recovery or disposal from the foreign receiving facility using the allowable methods listed in subsection (b)(1); and Q) For shipments sent to a country with which the USEPA has established an electronic exchange of movement document tracking state, foreign receiving facility transmittal to the exporter of the confirmation receipt and the confirmation of recovery or disposal may be sent via the electronic exchange. e) Duty to Return or Re-Export Hazardous Wastes. When a transboundary POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS movement of hazardous wastes cannot be completed in compliance with the terms of the contract or the consents and alternative arrangements cannot be made to recover or dispose of the waste in an environmentally sound manner in the country of import, the exporter must ensure that the hazardous waste is returned to the United States or reexported to a third country. If the waste must be returned, the exporter must provide for the return of the hazardous waste shipment within ninety days from the time the country of import informs USEPA of the need to return the waste or other period of time as the concerned countries agree. In all cases, the exporter must submit an exception report to USEPA in compliance with subsection (h). f) Export Contract Requirements 1) Exports of hazardous waste are prohibited unless they occur under the terms of a valid written contract, chain of contracts, or equivalent arrangements (when the movement occurs between parties controlled by the same corporate or legal entity). A contract or equivalent arrangements for export of hazardous waste must be executed by the exporter, foreign importer (if different from the foreign receiving facility), and the owner or operator of the foreign receiving facility. The contract or equivalent arrangements must specify responsibilities for each of the exporter, the foreign importer, and the owner or operator of the foreign receiving facility. A contract or equivalent arrangements is valid for the purposes only if each person assuming obligations under the contracts or equivalent arrangements has appropriate legal status to conduct the operations specified in the contract or equivalent arrangements. 2) A contract or equivalent arrangements must specify the name and USEPA identification number of the following: A) The company from where each export shipment of hazardous waste is initiated; B) Each person who will have physical custody of the hazardous wastes; C) Each person who will have legal control of the hazardous wastes; and POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS D) The foreign receiving facility. 3) A contract or equivalent arrangements must specify which party to the contract will assume responsibility for alternate management of the hazardous waste if its disposition cannot be carried out as described in the notification of intent to export. For this contingency, contracts must specify the following: A) That the transporter or foreign receiving facility in possession of or physical control over the hazardous wastes will immediately inform the exporter, USEPA, and either the competent authority of the country of transit or the competent authority of the country of import of the need to make alternate management arrangements; and B) That the person specified in the contract will assume responsibility for the adequate management of the hazardous wastes in compliance with applicable laws and regulations, including arranging the return of hazardous wastes, providing the notification for re-export to the competent authority in the country of import, including the equivalent of the information required in subsection (b)(1) and the original consent number issued for the initial export of the hazardous wastes in the notification, and obtaining consent from USEPA and the competent authorities in the new country of import and any transit countries, as necessary, prior to re-export; and. C) Transmittals made by the transporter or foreign receiving facility under subsection (A) being sent to the exporter or USEPA from a country with which the USEPA has established an electronic exchange of movement document tracking data may be sent via the electronic exchange. 4) A contract must require that the foreign receiving facility send a copy of the signed movement document to confirm receipt within three working days of shipment delivery to the exporter and to the competent authorities of the countries of import and transit that control the shipment as an import and transit of hazardous waste respectively. For shipments sent to a country with which the USEPA has established an electronic exchange POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS of movement document tracking data, foreign receiving facility transmittal to the exporter of the confirmation of receipt may be sent via the electronic exchange.. The contract must additionally require that the foreign receiving facility send a copy to USEPA at the same time using the WIETS described in subsection (b)(1). 5) A contract must require that the foreign receiving facility send a copy of the signed and dated confirmation of recovery or disposal, as soon as possible, but no later than thirty days after completing recovery or disposal on the waste in the shipment and no later than one calendar year following receipt of the waste, to the exporter and to the competent authority of the country of import that controls the shipment as an import of hazardous waste. For shipments sent to a country with which the USEPA has established an electronic exchange of movement document tracking data, foreign receiving facility transmittal to the exporter of the confirmation of recovery or disposal may be sent via the electronic exchange.to the exporter and to the competent authority of the country of import, as soon as possible, within thirty days after completing recovery or disposal on the waste in the shipment and within one calendar year after receiving the waste. The contract must additionally require that the foreign receiving facility send a copy to USEPA at the same time using the WIETS described in subsection (b)(1). 6) A contract must require that the foreign importer or the foreign receiving facility that performed interim recycling operations R12, R13, or RC3, or interim disposal operations D13 through D15, (recovery and disposal operations defined in 35 Ill. Adm. Code 722.181) do the appropriate of the following: A) Provide the notification required in subsection (f)(3)(B) before any re-export of the hazardous wastes to a final foreign recovery or disposal facility in a third country; and B) Promptly send copies of the confirmation of recovery or disposal that it receives from the final foreign recovery or disposal facility to the competent authority of the country of import within one year of shipment delivery to the final foreign recovery or disposal facility that performed one of recovery operations R1 through R11, or RC1 or one of disposal operations D1 through D12, DC1, or POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS DC2 to the competent authority of the country of import that controls the shipment as an import of hazardous waste and to the exporter. For shipments sent to a country with which the USEPA has established an electronic exchange of movement document tracking data, foreign receiving facility transmittal to the exporter of the confirmation of recovery or disposal may be sent via the electronic exchange.. The contracts must additionally require that the foreign facility send copies to USEPA at the same time using the WIETS described in subsection (b)(1). 7) A contract or equivalent arrangements must include provisions for financial guarantees, if required by the competent authorities of the country of import and any countries of transit, in compliance with national or international law requirements. BOARD NOTE: Financial guarantees required by competent authorities are intended to provide for alternate recycling, disposal, or other means of sound management of the wastes in cases where arrangements for the shipment and the recovery operations cannot be carried out. The United States does not require financial guarantees at this time; however, some OECD member countries and other foreign countries do. It is the responsibility of the exporter to ascertain and comply with any foreign requirements; in some cases, persons or facilities located in those OECD member countries or other foreign countries may refuse to enter into the necessary contracts absent specific references or certifications to financial guarantees. 8) A contract or equivalent arrangements must contain provisions requiring each contracting party to comply with all applicable requirements of Subpart H. 9) Upon request by USEPA or the Agency, U.S. exporters, importers, or recovery facilities must submit to the requestor copies of contracts, chain of contracts, or equivalent arrangements (when the movement occurs between parties controlled by the same corporate or legal entity). g) Annual Reports. The exporter must file an annual report with USEPA by March 1 of each year summarizing the types, quantities, frequency, and ultimate destination of all hazardous waste exported during the previous calendar year. The exporter must submit annual reports to the USEPA using the allowable methods specified in subsection (b)(1).Before December 31, 2018, the exporter must mail or hand-deliver annual reports to USEPA for all shipments made the previous calendar year using one of the appropriate of the addresses specified in Section 722.182(e), or submit to USEPA using the WIETS described in subsection (b)(1) if the exporter has electronically filed USEPA information in AES under subsection (a)(6)(A)(i). Subsequently, the exporter must submit annual reports to USEPA using the WIETS described in subsection (b)(1). The annual report must include all the following subsections (g)(1) through (6) specified as followsinformation: 1) The USEPA identification number, name, and mailing and site address of the exporter filing the report; 2) The calendar year covered by the report; 3) The name and site address of each foreign receiving facility; 4) By foreign receiving facility, for each hazardous waste exported: A) A description of the hazardous waste; B) The applicable USEPA hazardous waste numbers (from Subpart C or D of 35 Ill. Adm. Code 721) for each waste; C) The applicable waste code from the appropriate OECD waste list in the OECD Guidance Manual, incorporated by reference in 35 Ill. Adm. Code 720.111; D) The applicable USDOT identification number from the Hazardous Materials Table in 49 CFR 172.101, incorporated by reference in 35 Ill. Adm. Code 720.111; E) The name and USEPA identification number (where applicable) for each transporter used over the calendar year covered by the report; and F) The consent numbers under which the hazardous waste was shipped, and for each consent number, the total amount of the POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS hazardous waste and the number of shipments exported during the calendar year covered by the report; 5) In even numbered years, for each hazardous waste exported, except for hazardous waste produced by exporters of greater than 100 kg but less than 1,000 kg in a calendar month, and except for hazardous waste for which information was already provided under Section 722.141: A) A description of the efforts taken during the year to reduce the volume and toxicity of the waste generated; and B) A description of the changes in volume and toxicity of the waste achieved during the year in comparison to previous years to the extent the information is available for years before 1984; and 6) A certification signed by the exporter that states: 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. h) Exception Reports 1) The exporter must file an exception report instead of the requirements of Section 722.142 (if applicable) with USEPA if any of the following occurs: A) The exporter has not received a copy of the RCRA hazardous waste manifest (if applicable) signed by the transporter identifying the point of departure of the hazardous waste from the United States within 45 days from the date hazardous waste was accepted by the initial transporter, in which case the exporter must file the exception report within the next 30 days; B) The exporter has not received a written confirmation of receipt POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS from the foreign receiving facility in compliance with subsection (d) within 90 days from the date the waste was accepted by the initial transporter in which case the exporter must file the exception report within the next 30 days; or C) The foreign receiving facility notifies the exporter, or the country of import notifies USEPA, of the need to return the shipment to the U.S. or arrange alternate management, in which case the exporter must file the exception report within 30 days of notification, or one day before the date the return shipment starts, whichever is sooner. 2) Before December 31, 2018, exception reports must be mailed or hand delivered to USEPA using the addresses listed in Section 722.182(e). Subsequently, exception reports must be submitted to USEPA using the WIETS described in subsection (b)(1). i) Recordkeeping 1) The exporter must keep the following records in subsections (i)(1)(A) through (i)(1)(F)(i)(1)(E) and provide them to the USEPA or authorized Agency personnel upon request: A) A copy of each notification of intent to export and each USEPA AOC at least three years from the date the hazardous waste was accepted by the initial transporter; B) A copy of each annual report at least three years from the due date of the report; C) A copy of any exception reports and a copy of each confirmation of receipt (i.e., movement document) sent by the foreign receiving facility to the exporter for at least three years from the date the hazardous waste was accepted by the initial transporter; D) A copy of each confirmation of recovery or disposal sent by the foreign receiving facility to the exporter for at least three years from the date that the foreign receiving facility completed interim or final processing of the hazardous waste shipment; and POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS E) A copy of each contract or equivalent arrangement established per subsection (f)under Section 722.185 for at least three years after the date the contract expired or equivalent arrangement. F) A copy of each manifest sent by the last transporter in the United States per Section 723.120(g). 2) The exporters may satisfy these recordkeeping requirements by keeping electronically submitted documents in the exporter's account on USEPA's WIETS, if the copies are readily available for viewing and production if requested by any USEPA or Agency inspector. An exporter may not be held liable for the inability to produce the documents for inspection under this section if the exporter can demonstrate that the inability to produce the document is due exclusively to technical difficulty with USEPA's WIETS for which the exporter has no responsibility. 3) 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 in writing by USEPA or the Agency. BOARD NOTE: Any Agency request for extended records retention under subsection (i)(3) is subject to Board review under Section 40 of the Act. (Source: Amended at 50 Ill. Reg. 14767, effective September 17, 2026) Section 722.184 Imports of Hazardous Waste a) General Import Requirements 1) Except for subsection (a)(5), the importer of a shipment covered under a consent from USEPA to the country of export issued before December 31, 2016 is subject to that approval and the requirements that existed at the time of that approval until the approval period expires. Otherwise, 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 H. 2) Where the country of export does not require the foreign exporter to submit a notification and obtain consent to the export prior to shipment, the importer must submit a notification to USEPA in compliance with subsection (b). 3) The importer must comply with the contract requirements in subsection (f). 4) The importer must ensure compliance with the movement documents requirements in subsection (d); and 5) The importer must ensure compliance with the manifest instructions for import shipments in subsection (c). b) Notifications. Where the competent authority of the country of export does not regulate the waste as hazardous waste and does not require the foreign exporter to submit a notification proposing export and obtain consent from USEPA and the competent authorities for the countries of transit, but USEPA does regulate the waste as hazardous waste, the following requirements apply: 1) The importer is required to provide notification in English to USEPA of the proposed transboundary movement of hazardous waste at least sixty days before the first shipment is expected to depart the country of export. A notification submitted prior to the electronic import-export reporting compliance date must be mailed or hand delivered to USEPA at the addresses specified in Section 722.182(e). Notifications submitted on or after the electronic import-export reporting compliance date must be submitted electronically using USEPA's WIETS. The notification may cover up to one year of shipments of one or more hazardous wastes being sent from the same foreign exporter, and must include all the following information: A) The foreign exporter name, site address, telephone, fax numbers, and email address; B) The receiving facility name, USEPA identification number, site address, telephone, fax numbers, email address, technologies employed, and the applicable recovery or disposal operations, as defined in Section 722.181; POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS C) The importer name (if not the owner or operator of the receiving facility), USEPA identification number, site address, telephone, fax numbers, and email address; D) The intended transporters or their agents; site address, telephone, fax numbers, and email address; E) "U.S." as the country of import, "USA01" as the relevant competent authority code, and the intended U.S. ports of entry; F) The International Standard ISO 3166-1:2013, incorporated by reference in 35 Ill. Adm. Code 720.111, country name alpha-2 code, any code for the OECD/Basel competent authority, and the ports of entry and exit for each country of transit; G) The International Standard ISO 3166-1:2013, incorporated by reference in 35 Ill. Adm. Code 720.111, country name alpha-2 code, any code for the OECD/Basel competent authority, and port of exit for the country of export; H) A statement of whether the notification covers a single shipment or multiple shipments; I) The start and end dates requested for transboundary movements; J) The planned means of transport; K) A description of each hazardous waste, including whether each hazardous waste is regulated universal waste under 35 Ill. Adm. Code 733, spent lead-acid batteries being exported for recovery of lead under Subpart G of 35 Ill. Adm. Code 726, or industrial ethyl alcohol being exported for reclamation under 35 Ill. Adm. Code 721.106(a)(3)(A); the estimated total quantity of each hazardous waste; the applicable USEPA hazardous waste numbers for each hazardous waste; the applicable waste code from the lists in the OECD Guidance Manual, incorporated by reference in 35 Ill. Adm. Code 720.111; and the United Nations/USDOT identification number from the Hazardous Materials Table in 49 POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS CFR 172.101, incorporated by reference in 35 Ill. Adm. Code 720.111, for each hazardous waste; L) Specification of the recovery or disposal operations, as defined in Section 722.181; and M) A declaration and certification signed by the exporter that states the following: 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 guarantee is or shall be in force covering the transboundary movement. Name: Signature: Date: BOARD NOTE: The United States does not currently require financial assurance for these waste shipments. BOARD NOTE: The United Nations Environment Programme, Basel Convention maintains an on-line list of competent authorities by country (www.basel.int/Countries/CountryContacts/tabid/1342/Default.aspx). The European Commission maintains a list of competent authorities for European Union members (ec.europa.eu/environment/waste/shipments/pdf/list_competent_authoritie s.pdf). 2) Notifications Listing Interim Recycling Operations or Interim Disposal Operations. If the receiving facility listed in subsection (b)(1)(B) will engage in any of the interim recovery operations R12, R13, or RC3 or interim disposal operations D13 through D15, the notification submitted according to subsection (b)(1) must also include the final recovery or disposal facility name, site address, telephone, fax numbers, email address, technologies employed, and which of the applicable recovery or disposal operations R1 through R11, RC1, and D1 through D12, will be employed POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS at the final recovery or disposal facility. The recovery and disposal operations in this subsection are defined in Section 722.181. 3) Renotifications. If the foreign exporter wishes to change any of the conditions specified on the original notification (including increasing the estimate of the total quantity of hazardous waste specified in the original notification or adding transporters), the importer must submit a renotification of the changes to USEPA using the methods in subsection (b)(1). Any shipment using the requested changes cannot take place until USEPA and the countries of transit consent to the changes and the importer receives an USEPA AOC letter documenting the consents to the changes. 4) A notification is complete when USEPA determines the notification satisfies the requirements of subsections (b)(1)(A) through (b)(1)(M). 5) If USEPA and the countries of transit consent to the proposed transboundary movements of the hazardous wastes, USEPA will forward an USEPA AOC letter to the importer documenting the countries' consents and USEPA's consent. If any of the countries of transit or USEPA objects to the proposed transboundary movements of the hazardous waste or withdraws a prior consent, USEPA will notify the importer. 6) Export of Hazardous Wastes Originally Imported into the United States. Export of hazardous wastes that were originally imported into the United States for recycling or disposal operations is prohibited unless an exporter in the United States complies with the export requirements in Section 722.183(b)(7). c) RCRA Manifest Instructions for Import Shipments 1) When importing hazardous waste, the importer must meet all the requirements of Section 722.120 for the manifest, with the following exceptions: A) (Block 5): In place of the generator's name, mailing and site addressesaddress and USEPA identification number, the name and site address of the foreign generator and the importer's name, mailing address and USEPA identification number must be used. POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS B) (Block 15): In place of the generator's signature on the certification statement, the importer or its agent must sign and date the certification and obtain the signature of the initial transporter. 2) The importer may obtain the manifest form from any source that is registered with the USEPA as a supplier of manifests (e.g., a state, a waste handler, or a commercial forms printer). BOARD NOTE: USEPA maintains a listing of registered sources at https://www.epa.gov/hwgenerators/approved-registered-printers-epas- manifest-registry. 3) In the International Shipments block (block 16) on the Continuation Sheet (USEPA Form 8700-22A), the importer must check the import box and enter the portpoint of entry (city and state) into the United States. 4) Instead of the requirements of Section 722.120(d), if a shipment cannot be delivered for any reason to the receiving facility, the importer must instruct the transporter in writing via fax, email, or mail to the following: A) Return the hazardous waste to the foreign exporter or designate another facility within the United States; and B) Revise the manifest in accordance with the importer's instructions.The importer must provide the transporter with an additional copy of the manifest to be submitted by the receiving facility to USEPA in compliance with 35 Ill. Adm. Code 724.171(a)(3) and 725.171(a)(3). 5) Instead of the requirements of Section 722.120(d), if a shipment cannot be delivered for any reason to the receiving facility, the importer must instruct the transporter in writing via fax, email, or mail to do the following: A) Return the hazardous waste to the foreign exporter or designate another facility within the United States; and B) Revise the manifest in accordance with the importer's instructions. POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS d) Movement Document Requirements for Import Shipments 1) The importer must make sure that a movement document meeting the conditions of subsection (d)(2) accompanies each transboundary movement of hazardous wastes from the initiation of the shipment in the country of export until it reaches the receiving facility, including cases in which the hazardous waste is stored or sorted by the importer before shipment to the receiving facility, except as provided in subsections (d)(1)(A) and (d)(1)(B). A) For shipments of hazardous waste within the United States by water (bulk shipments only), the importer must forward the movement document to the last water (bulk shipment) transporter to handle the hazardous waste in the United States if imported by water. B) For rail shipments of hazardous waste within the United States which start from the company originating the export shipment, the importer must forward the movement document to the next non- rail transporter, if any, or the last rail transporter to handle the hazardous waste in the United States if imported by rail. 2) The movement document must include the following: A) The corresponding USEPA AOC numbers and USEPA hazardous waste numbers for the listed waste and if required to be accompanied by a RCRA uniform hazardous waste manifest within the United States, the manifest tracking number from block 4; B) The shipment number and the total number of shipments under the USEPA AOC number or the movement tracking number; C) The foreign exporter name, site address, telephone, fax numbers, and email address; D) The receiving facility name, USEPA identification number, site address, telephone, fax numbers, email address, technologies employed, and the applicable recovery or disposal operations, as POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS defined in Section 722.181; E) The importer name (if not the owner or operator of the receiving facility), USEPA identification number, site address, telephone, fax numbers, and email address; F) A description of each hazardous waste, quantity of each hazardous waste in the shipment; the applicable hazardous waste numbers for each hazardous waste; the applicable waste code for each hazardous waste from the lists in the OECD Guidance Manual, incorporated by reference in 35 Ill. Adm. Code 720.111; and the United Nations/USDOT identification number from the Hazardous Materials Table in 49 CFR 172.101, incorporated by reference in 35 Ill. Adm. Code 720.111, for each hazardous waste; G) The date movement started; H) The name (if not the foreign exporter), site address, telephone, fax numbers, and email of the foreign company originating the shipment; I) The company name, USEPA identification number (for transporters carrying RCRA manifested hazardous waste within the U.S. only), address, telephone, fax numbers, and email address of all transporters; J) Identification (license, registered name or registration number) of the means of transport, including types of packaging; K) Any special precautions to be taken by transporters; L) A declaration and certification signed and dated by the foreign exporter that the information in the movement document is complete and correct; M) The appropriate signatures for each custody transfer (e.g., transporter, importer, and owner or operator of the receiving facility); POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS N) Each person that has physical custody of the waste from the time the movement starts until it arrives at the receiving facility must sign the movement document (e.g., transporter, importer, and owner or operator of the receiving facility); and O) The receiving facility must send a copy of the signed movement document to confirm receipt within three working days of shipment delivery to the foreign exporter and to the competent authorities of the countries of export and transit that control the shipment as an export and transit of hazardous waste respectively. For shipments received on or after the electronic import-export reporting compliance date, the receiving facility must close out the movement document to confirm receipt within three working days of shipment delivery using the USEPA's WIETS, or its successor system. For shipments sent from a country with which the USEPA has established an electronic exchange of movement document tracking data, the receiving facility may use WIETS or its successor system to send movement document confirmation data back through the electronic exchange to the foreign exporter and the country of export.The receiving facility must send a copy of the signed movement document to the competent authorities of the countries of export and transit to confirm receipt within three working days after shipment delivery to the foreign exporter. For shipments received on or after the electronic import-export reporting compliance date, to USEPA electronically using USEPA's WIETS. e) Duty to Return or Export Hazardous Wastes. If a transboundary movement of hazardous wastes cannot be completed in compliance with the terms of the contract or the consents, the provisions of subsection (f)(4) apply. If alternative arrangements cannot be made to recover the hazardous waste in an environmentally sound manner in the United States, the hazardous waste must be returned to the country of export or exported to a third country. The provisions of subsection (b)(6) apply to any hazardous waste shipments to be exported to a third country. If the return shipment will cross any transit country, the return shipment may only occur after USEPA provides notification to and obtains consent from the competent authority of the country of transit, and provides a copy of that consent to the importer. POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS f) Import Contract Requirements 1) Imports of hazardous waste must occur under the terms of a valid written contract, chain of contracts, or equivalent arrangements (when the movement occurs between parties controlled by the same corporate or legal entity). A contract or equivalent arrangements must specify responsibilities for each of the foreign exporter, the importer, and the owner or operator of the receiving facility, and each must execute the contract or equivalent arrangements. A contract or equivalent arrangements is valid for hazardous waste import only if all persons assuming obligations under the contract or equivalent arrangements have appropriate legal status to conduct the operations specified in the contract or equivalent arrangements. 2) Contracts or equivalent arrangements must specify the name and USEPA identification number, where available, of the following persons: A) The foreign company from which each import shipment of hazardous waste is initiated; B) Each person that will have physical custody of the hazardous wastes; C) Each person that will have legal control of the hazardous wastes; and D) The receiving facility. 3) A contract or equivalent arrangements must specify the use of a movement document in compliance with Section 722.184(d). 4) A contract or equivalent arrangements must specify which party to the contract will assume responsibility for alternate management of the hazardous waste if the wastes' disposition cannot be carried out as described in the notification of intent to export submitted by either the foreign exporter or the importer. In these cases, the contract must specify the following: A) That the transporter or receiving facility in possession or physical POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS control over the hazardous wastes will immediately inform the foreign exporter, the importer, and the competent authority where the shipment is located of the need to arrange alternate management or return; and B) That the person specified in the contract will assume responsibility for the adequate management of the hazardous wastes in compliance with applicable laws and regulations, including arranging the return of the hazardous wastes, if necessary, providing the notification for re-export as required by Section 722.183(b)(7). C) Transmittals made by the transporter or receiving facility under subsection (A) being sent to a competent authority or foreign exporter in a country with which the USEPA has established an electronic exchange of movement document tracking data may be sent via the electronic exchange. 5) A contract must specify that the importer or the receiving facility performing interim recycling operations R12, R13, or RC3 or interim disposal operations D13 through D15, as appropriate, will provide the notification required by Section 722.183(b)(7) prior to the re-export of hazardous waste. The recovery and disposal operations in this subsection are defined in Section 722.181. 6) A contract or equivalent arrangements must include provisions for financial guarantees, if required by the competent authorities of any countries concerned, in compliance with applicable national or international law requirements. BOARD NOTE: Financial guarantees required by competent authorities are intended to provide for alternate recycling, disposal, or other means of sound management of the wastes in cases where arrangements for the shipment and the recovery operations cannot be carried out as foreseen. The United States does not require financial guarantees at this time; however, some OECD Member countries or other foreign countries do. It is the responsibility of the importer to ascertain and comply with any financial requirements; in some cases, persons or facilities located in those countries may refuse to enter into the necessary contracts absent specific POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS references or certifications to financial guarantees. 7) A contract or equivalent arrangements must contain provisions requiring each contracting party to comply with all requirements of Subpart H. 8) Upon request by USEPA, an importer or disposal or recovery facility must submit to USEPA copies of the contract, chain of contracts, or equivalent arrangements (when the movement occurs between parties controlled by the same corporate or legal entity). g) Confirmation of Recovery or Disposal. The receiving facility must do the following: 1) Send copies of the signed and dated confirmation of recovery or disposal, as soon as possible, but no later than thirty days after completing recovery or disposal on the waste in the shipment and no later than one calendar year following receipt of the waste, to the foreign exporter, to the competent authority of the country of export that controls the shipment as an export of hazardous waste, and for shipments recycled or disposed of on or after the electronic import-export reporting compliance date, to the USEPA electronically using the USEPA's WIETS, or its successor system. For shipments sent from a country with which the USEPA has established an electronic exchange of movement document tracking data, the receiving facility may use WIETS or its successor system to send confirmation of recovery or disposal data back through the electronic exchange to the foreign exporter and the country of export. Send copies of the signed and dated confirmation of recovery or disposal to the foreign exporter and to the competent authority of the country of export, as soon as possible, within thirty days after completing recovery or disposal of the waste in the shipment and within one calendar year after receiving the waste. For shipments recycled or disposed of on or after the electronic import-export reporting compliance date, reporting to USEPA must occur electronically using USEPA's WIETS. 2) If the receiving facility performed any of recovery operations R12, R13, or RC3, or disposal operations D13 through D15, the receiving facility must promptly send copies of the confirmation of recovery or disposal that it receives from the final recovery or disposal facility within one year of shipment delivery to the final recovery or disposal facility that performed POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS one of recovery operations R1 through R11, or RC1 to RC2RC3, or one of disposal operations D1 through D12, or DC1 to DC2, to the competent authority of the country of export that controls the shipment as an export of hazardous waste, and for confirmations received on or after the electronic import-export reporting compliance date, to the USEPA electronically using the USEPA's WIETS, or its successor system. The recovery and disposal operations in this subsection (g)(2) are defined in Section 722.181. For shipments sent from a country with which the USEPA has established an electronic exchange of movement document tracking data, the receiving facility may use WIETS or its successor system to send confirmation of recovery or disposal data back through the electronic exchange to the country of export.within one year of shipment delivery. For confirmations received on or after the electronic import- export reporting compliance date, to USEPA electronically using USEPA's WIETS, or its successor system. The recovery and disposal operations in this subsection (g)(2) are defined in Section 722.181. h) Recordkeeping 1) The importer must keep the following records and provide them to USEPA or the Agency upon request: A) A copy of each notification that the importer sends to USEPA under subsection (b)(1) and each USEPA AOC the importer receives in response at least three years from the date the hazardous waste was accepted by the initial foreign transporter; and B) A copy of each contract or equivalent arrangement established per subsection (f) for at least three years from the date the contract expires or equivalent arrangement. 2) The receiving facility must keep the following records: A) A copy of each confirmation of receipt (i.e., movement document) that the receiving facility sends to the foreign exporter for at least three years from the date it received the hazardous waste; B) A copy of each confirmation of recovery or disposal that the POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS receiving facility sends to the foreign exporter for at least three years from the date that it completed processing the waste shipment; C) For the receiving facility that performed any of recovery operations R12, R13, or RC3, or disposal operations D13 through D15 (recovery and disposal operations defined in Section 722.181), a copy of each confirmation of recovery or disposal that the final recovery or disposal facility sent to the receiving facility for at least three years from the date that the final recovery or disposal facility completed processing the waste shipment; and D) A copy of each contract or equivalent arrangement established under subsection (f) for at least three years after the contract expires or equivalent arrangement. 3) An importer or receiving facility may satisfy these recordkeeping requirements by keeping electronically submitted documents in the importer's or receiving facility's account on USEPA's WIETS, if the copies are readily available for viewing and production if requested by any USEPA or Agency inspector. An importer or receiving facility may not be held liable for the inability to produce the documents for inspection under this Section if the importer or receiving facility can demonstrate that the inability to produce the document is due exclusively to technical difficulty with USEPA's WIETS for which the importer or receiving facility has no responsibility. 4) The periods of retention referred to in this Section are extended automatically during any unresolved enforcement action regarding the regulated activity or as requested in writing by USEPA or the Agency. BOARD NOTE: Any Agency request for extended records retention under this subsection (h)(4) is subject to Board review under Section 40 of the Act. (Source: Amended at 50 Ill. Reg. 14767, effective September 17, 2026)