il-v50i40-35-ill-adm-code-723: 35 Ill. Adm. Code 723 — Standards Applicable to Transporters of Hazardous Waste

1) Heading of the Part: Standards Applicable to Transporters of Hazardous Waste 2) Code Citation: 35 Ill. Adm. Code 723 3) Section Number: Adopted Action: 723.120 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. 6228, May 8, 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: 723.120 c), change "Section" to "35 Ill. Adm. Code" twice 723.120 g)3), change "paragraph" to "subsection" twice and change "section" to "Section" 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 POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENT 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). 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 POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENT (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 Amendment begins on the next page: POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENT TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE G: WASTE DISPOSAL CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS PART 723 STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE SUBPART A: GENERAL Section 723.110 Scope 723.111 USEPA Identification Number 723.112 Transfer Facility Requirements 723.113 Electronic Reporting SUBPART B: COMPLIANCE WITH THE MANIFEST SYSTEM AND RECORDKEEPING Section 723.120 The Manifest System 723.121 Compliance with the Manifest 723.122 Recordkeeping 723.125 Electronic Manifest Signatures SUBPART C: HAZARDOUS WASTE DISCHARGES Section 723.130 Immediate Action 723.131 Discharge Cleanup 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 R84-9 at 9 Ill. Reg. 11961, effective July 24, 1985; amended in R86-19 at 10 Ill. Reg. 20718, effective December 2, 1986; amended in R86-46 at 11 Ill. Reg. 13570, effective August 4, 1987; amended in R87-5 at POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENT 11 Ill. Reg. 19412, effective November 12, 1987; amended in R95-6 at 19 Ill. Reg. 9945, effective June 27, 1995; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 589, effective December 16, 1997; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17965, effective September 28, 1998; amended in R06-5/R06-6/R06-7 at 30 Ill. Reg. 3180, effective February 23, 2006; amended in R06-16/R06-17/R06-18 at 31 Ill. Reg. 881, effective December 20, 2006; amended in R07-5/R07-14 at 32 Ill. Reg. 11969, effective July 14, 2008; amended in R11-2/R11-16 at 35 Ill. Reg. 17959, effective October 14, 2011; amended in R15-1 at 39 Ill. Reg. 1711, effective January 12, 2015; amended in R17-14/R17-15/R18-12/R18-31 at 42 Ill. Reg. 22595, effective November 19, 2018; amended in R19-3 at 43 Ill. Reg. 585, effective December 6, 2018; amended in R19-11 at 43 Ill. Reg. 5995, effective May 2, 2019; amended in R20-8/R20-16 at 44 Ill. Reg. 15331, effective September 3, 2020; amended in R25-12 at 50 Ill. Reg. 14845, effective September 17, 2026. SUBPART B: COMPLIANCE WITH THE MANIFEST SYSTEM AND RECORDKEEPING Section 723.120 The Manifest System a) No Acceptance Without a Manifest 1) Manifest Requirement. A transporter may not accept hazardous waste from a generator unless the transporter is also provided with a manifest form (USEPA Form 8700-22, and if necessary, USEPA Form 8700- 22A) signed in accordance with the provisions of 35 Ill. Adm. Code 723.123, or is provided with an e-Manifest that is obtained, completed, and transmitted in accordance with 35 Ill. Adm. Code 722.120(a)(3) and signed with a valid and enforceable electronic signature as described in 35 Ill. Adm. Code 722.125. 2) Exports. For exports of hazardous waste subject to Subpart H of 35 Ill. Adm. Code 722, a transporter may not accept hazardous waste without a manifest signed by the generator in complianceaccordance with this Section, as appropriate, and for exports occurring under the terms of a consent issued by USEPA on or after December 31, 2016, a movement document that includes all information required by 35 Ill. Adm. Code 722.183(d). 3) This subsection (a)(3) corresponds with 40 CFR 263.20(a)(3), 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. 4) Use of e-Manifest − Legal Equivalence to Paper Forms for Participating Transporters. E-Manifests that are obtained, completed, and transmitted in accordance with 35 Ill. Adm. Code 722.120(a)(3), and used in accordance with this Section in lieu of USEPA Forms 8700-22 and 8700-22A, are the legal equivalent of paper manifest forms bearing handwritten signatures, and satisfy for all purposes any requirement in these regulations to obtain, complete, sign, carry, provide, give, use, or retain a manifest. A) Any requirement in 35 Ill. Adm. Code 720 through 728 to sign a manifest or manifest certification by hand, or to obtain a handwritten signature, is satisfied by signing with or obtaining a valid and enforceable electronic signature within the meaning of 35 Ill. Adm. Code 722.125. B) Any requirement in 35 Ill. Adm. Code 720 through 728 to give, provide, send, forward, or return to another person a copy of the manifest is satisfied when a copy of an e-Manifest is transmitted to the other person by submission to the e-Manifest System. C) Any requirement in 35 Ill. Adm. Code 720 through 728 for a manifest to accompany a hazardous waste shipment is satisfied when a copy of an e-Manifest is accessible during transportation and forwarded to the person or persons who are scheduled to receive delivery of the waste shipment, except that, to the extent that the hazardous materials regulation on shipping papers for carriage by public highway requires transporters of hazardous materials to carry a paper document to comply with 49 CFR 177.817, incorporated by reference in 35 Ill. Adm. Code 720.111, a hazardous waste transporter must carry one printed copy of the e- Manifest on the transport vehicle. D) Any requirement in 35 Ill. Adm. Code 720 through 728 for a transporter to keep or retain a copy of a manifest is satisfied by the retention of an e-Manifest in the transporter's account on the e- Manifest System, provided that such copies are readily available POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENT for viewing and production if requested by any USEPA or authorized state inspector. E) No transporter may be held liable for the inability to produce an e- Manifest for inspection under this Section if that transporter can demonstrate that the inability to produce the e-Manifest is exclusively due to a technical difficulty with the USEPA e- Manifest System for which the transporter bears no responsibility. BOARD NOTE: The Board has rendered the language "any requirement in these regulations" in corresponding 40 CFR 263.20(a)(4)(i) through (a)(4)(iv) as "any requirement in any provision of 35 Ill. Adm. Code 720 through 728" in the appropriate segments of this subsection (a)(4). 5) A transporter may participate in the e-Manifest System either by accessing the e-Manifest System from the transporter's own electronic equipment, or by accessing the e-Manifest System from the equipment provided by a participating generator, by another transporter, or by a designated facility. 6) Special Procedures When e-Manifest Is Not Available. If after a manifest has been originated electronically and signed electronically by the initial transporter, and the e-Manifest System should become unavailable for any reason, then the following requirements apply: A) The transporter in possession of the hazardous waste when the e- Manifest becomes unavailable must reproduce sufficient copies of the printed manifest that is carried on the transport vehicle under subsection (a)(4)(C) or obtain and complete another paper manifest for this purpose. The transporter must reproduce sufficient copies to provide the transporter and all subsequent waste handlers with a copy for their files, plus two additional copies that will be delivered to the designated facility with the hazardous waste. B) On each printed copy, the transporter must include a notation in the Special Handling and Additional Description space (Item 14) that the paper manifest is a replacement manifest for a manifest originated in the e-Manifest System, must include (if not pre- printed on the replacement manifest) the manifest tracking number of the e-Manifest that is replaced by the paper manifest, and must POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENT also include a brief explanation why the e-Manifest was not available for completing the tracking of the shipment electronically. C) A transporter signing a replacement manifest to acknowledge receipt of the hazardous waste must ensure that each paper copy is individually signed and that a legible handwritten signature appears on each copy. D) From the point at which the e-Manifest is no longer available for tracking the waste shipment, the paper replacement manifest copies must be carried, signed, retained as records, and given to a subsequent transporter or to the designated facility, following the instructions, procedures, and requirements that apply to the use of all other paper manifests. 7) Special Procedures for Electronic Signature Methods Undergoing Tests. If a transporter using an e-Manifest signs this manifest electronically using an electronic signature method that is undergoing pilot or demonstration tests aimed at demonstrating the practicality or legal dependability of the signature method, then the transporter must sign the e-Manifest electronically and also sign with an ink signature the transporter acknowledgement of receipt of materials on the printed copy of the manifest that is carried on the vehicle in accordance with subsection (a)(4)(C)(i). This printed copy bearing the generator's and transporter's ink signatures must also be presented by the transporter to the designated facility to sign in ink to indicate the receipt of the waste materials or to indicate discrepancies. After the owner or operator of the designated facility has signed this printed manifest copy with its ink signature, the printed manifest copy must be delivered to the designated facility with the waste materials. 8) This subsection (a)(8) corresponds with 40 CFR 263.20(a)(8), which USEPA has removed and marked "reserved". This statement maintains consistency with the corresponding federal rules. 9) Post-Receipt Manifest Data Corrections. After a facility has certified that the manifest is complete, by signing it at the time of submission to the USEPA e-Manifest system,to the receipt of hazardous wastes by signing Item 20 of the manifest, 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 USEPA for portions of the manifest that a transporter is required to complete, the transporter must address the data correction within 30 days from the date of the request. Data correction submissions must be made electronically viaA transporter may participate electronically in the post-receipt data corrections process by following the process described in 35 Ill. Adm. Code 725724.171(l), which applies to corrections made to either paper or electronic manifestsmanifest records. b) Before transporting the hazardous waste, the transporter must sign and date the manifest acknowledging acceptance of the hazardous waste from the generator. The transporter must return a signed copy to the generator before leaving the generator's property. c) The transporter must ensure that the manifest accompanies the hazardous waste. For exports, the transporter must ensure that a movement document that includes all information required by 35 Ill. Adm. Code 722.183(d) also accompanies the hazardous waste. For imports, the transporter must ensure that a movement document that includes all information required by 35 Ill. Adm. Code 722.184(d) also accompanies the hazardous waste.In the case of exports occurring under the terms of a consent issued by USEPA to the exporter on or after December 31, 2016, the transporter must ensure that a movement document that includes all information required by 35 Ill. Adm. Code 722.183(d) also accompanies the hazardous waste. In the case of imports occurring under the terms of a consent issued by USEPA to the country of export or the importer on or after December 31, 2016, the transporter must ensure that a movement document that includes all information required by 35 Ill. Adm. Code 722.184(d) also accompanies the hazardous waste. d) A transporter that delivers a hazardous waste to another transporter or to the designated facility must do the following: 1) It must obtain the date of delivery and the handwritten signature of that transporter or of the owner or operator of the designated facility on the manifest; 2) It must retain one copy of the manifest in accordance with Section 723.122; and 3) It must give the remaining copies of the manifest to the accepting transporter or designated facility. e) Subsections (c), (d), and (f) do not apply to water (bulk shipment) transporters if all of the following are true: 1) The hazardous waste is delivered by water (bulk shipment) to the designated facility; 2) A shipping paper containing all the information required on the manifest (excluding the USEPA identification numbers, generator certification and signatures) accompanies the hazardous waste and, for exports or imports occurring under the terms of a consent issued by USEPA, a movement document that includes all information required by 35 Ill. Adm. Code 722.183(d) or 722.184(d) accompanies the hazardous waste; 3) The delivering transporter obtains the date of delivery and handwritten signature of the owner or operator designated facility on either the manifest or the shipping paper; 4) The person delivering the hazardous waste to the initial water (bulk shipment) transporter obtains the date of delivery and signature of the water (bulk shipment) transporter on the manifest and forwards it to the designated facility; and 5) A copy of the shipping paper or manifest is retained by each water (bulk shipment) transporter in accordance with Section 723.122. f) For shipments involving rail transportation, the following requirements apply instead of subsections (c), (d), and (e), which do not apply: 1) When accepting hazardous waste from a non-rail transporter, the initial rail transporter must do the following: A) It must sign and date the manifest acknowledging acceptance of the hazardous waste; POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENT B) It must return a signed copy of the manifest to the non-rail transporter; C) It must forward at least three copies of the manifest to the following entities: i) The next non-rail transporter, if any; ii) The designated facility, if the shipment is delivered to that facility by rail; or iii) The last rail transporter designated to handle the waste in the United States; and D) It must retain one copy of the manifest and rail shipping paper in accordance with Section 723.122. 2) Rail transporters must ensure that a shipping paper containing all the information required on the manifest (excluding the USEPA identification numbers, generator certification and signatures) and, for exports or imports occurring under the terms of a consent issued by USEPA, a movement document that includes all information required by 35 Ill. Adm. Code 722.183(d) or 722.184(d) accompanies the hazardous waste at all times. BOARD NOTE: Intermediate rail transporters are not required to sign the manifest, movement document, or shipping paper. 3) When delivering hazardous waste to the designated facility, a rail transporter must do the following: A) It must obtain the date of delivery and handwritten signature of the owner or operator of the designated facility on the manifest or the shipping paper (if the manifest has not been received by the facility); and B) It must retain a copy of the manifest or signed shipping paper in accordance with Section 723.122. 4) When delivering hazardous waste to a non-rail transporter a rail transporter must do the following: A) It must obtain the date of delivery and the handwritten signature of the next non-rail transporter on the manifest; and B) It must retain a copy of the manifest in accordance with Section 723.122. 5) Before accepting hazardous waste from a rail transporter, a non-rail transporter must sign and date the manifest and provide a copy to the rail transporter. g) Transporters that transport hazardous waste out of the United States must do the following: 1) Sign and date the manifest in the International Shipments block on the Continuation Sheet (USEPA Form 8700-22A) to indicate the date that the hazardous waste left the United States or has been delivered to a seaport of exit for loading onto an international carrier; 2) Retain one copy in accordance with Section 723.122(d); 3) Compliance date for manifest returns on January 22, 2025. Beginning on January 22, 2025, return signed, top copies of the manifest and continuation sheet to the generator. On December 1, 2025, this subsection (g)(3) no longer applies, and subsection (g)(4) of this Section applies instead.Return a signed copy of the manifest to the generator; and 4) Compliance date for manifest returns on December 1, 2025. Beginning on December 1, 2025, return signed, top copies of the manifest and continuation sheet to the exporter.For paper manifests only, the transporter must do the following: A) Send a copy of the manifest to the e-Manifest System in accordance with the allowable methods specified in 35 Ill. Adm. Code 724.171(a)(2)(E); and POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENT B) For shipments initiated prior to December 31, 2017, when instructed by the exporter to do so, give a copy of the manifest to a U.S. Customs official at the point of departure from the United States. h) A transporter transporting hazardous waste from a generator that generates greater than 100 kg (220 lbs) but less than 1,000 kg (2,200 lbs) of hazardous waste in a calendar month need not comply with this Section or Section 723.122 provided that: 1) The waste is being transported under a reclamation agreement provided for in 35 Ill. Adm. Code 722.120(e); 2) The transporter records, on a log or shipping paper, the following information for each shipment: A) The name, address and USEPA Identification Number (35 Ill. Adm. Code 722.118) of the generator of the waste; B) The quantity of waste accepted; C) All shipping information required by the United States Department of Transportation; D) The date the waste is accepted; and 3) The transporter carries this record when transporting waste to the reclamation facility; and 4) The transporter retains these records for a period of at least three years after termination or expiration of the agreement. (Source: Amended at 50 Ill. Reg. 14845, effective September 17, 2026)