§ 22.23e — Paint and paint-related wastes

Illinois § 22.23e

• Jurisdiction: Illinois
• Topic: HEALTH AND SAFETY
• Ch. 415: ENVIRONMENTAL SAFETY
• Act 415 ILCS 5/: Environmental Protection Act.
• Art.: Title V - Land Pollution and Refuse Disposal

Text

(a) As used in this Section: "Paint" means a pigmented or unpigmented powder coating, or a pigmented or unpigmented mixture of binder and suitable liquid, that forms an adherent coating when applied to a surface. Powder coating is a surface coating that is applied as a dry powder and is fused into a continuous coating film through the use of heat. "Paint" includes architectural paint as defined in the Paint Stewardship Act. "Paint-related waste" is (i) material contaminated with paint that results from the packaging of paint, wholesale and retail operations, paint manufacturing, and paint application or removal activities or (ii) material derived from the reclamation of paint-related wastes that is recycled in a manner other than burning for energy recovery or used in a manner constituting disposal. (b)(1) Paint and paint-related waste that are hazardous waste are hereby designated as a category of universal waste subject to the streamlined hazardous waste rules set forth in 35 Ill. Adm. Code 733. Within 60 days after January 1, 2025 (the effective date of Public Act 103-887), the Agency shall propose, and within 180 days after receipt of the Agency's proposal the Board shall adopt, rules that reflect this designation and that prescribe procedures and standards for the management of hazardous waste paint and paint-related waste as a universal waste consistent with the provisions set forth within this Section. (2) If the United States Environmental Protection Agency adopts streamlined hazardous waste regulations pertaining to the management of hazardous waste paint or paint-related waste, or otherwise exempts such paint or paint-related waste from regulation as hazardous waste, the Board shall adopt an equivalent rule in accordance with Section 7.2 of this Act within 180 days of adoption of the federal regulation. The equivalent Board rule may serve as an alternative to the rules adopted under paragraph (1) of this subsection (b). (c) Until the Board adopts rules pursuant to paragraph (1) of subsection (b) that prescribe procedures and standards for the management of hazardous waste paint and paint-related waste by small quantity handlers of universal waste, the following requirements shall apply to small quantity handlers of universal waste managing hazardous waste paint and paint-related waste as a universal waste: (1) Waste Management. A small quantity handler of universal waste shall manage universal waste paint and paint-related waste in a way that prevents releases of any universal waste or any component of universal waste to the environment, including, but not limited to, in accordance with the following requirements: (A) The small quantity handler of universal waste shall collect and store universal waste paint and paint-related waste in containers that are structurally sound, leakproof, and compatible with the universal waste paint and paint-related waste. (B) The small quantity handler of universal waste shall ensure that containers in which the universal waste paint and paint-related waste are contained do not leak and remain closed, except when wastes are being added to or removed from the container. (C) The small quantity handler of universal waste, upon detection of a release of universal waste paint and paint-related waste, shall do the following: (i) Stop the release. (ii) Contain the released universal waste paint and paint-related waste. (iii) Clean up and properly manage the released universal waste paint and paint-related waste and other materials generated from the cleanup. (iv) Remove any leaking container from service by transferring the contents to another container. (v) Repair any leaking container before returning it to service. (D) A small quantity handler of universal waste shall manage universal waste paint and paint-related waste that is ignitable or reactive in accordance with local fire codes. (E) A small quantity handler of universal waste shall manage universal waste paint and paint-related waste that are incompatible in separate containers. (F) A small quantity handler of universal waste shall design, maintain, and operate areas of its facility where universal waste paints and paint-related wastes are collected and stored to minimize the possibility of a fire, explosion, or unplanned sudden or non-sudden release of universal waste or hazardous constituents to air, soil, or surface water which could threaten human health or the environment. (2) Labeling or marking. Each container in which universal waste paint and paint-related waste is accumulated shall be labeled to identify the contents of the container. (3) Accumulation time limits. (A) A small quantity handler of universal waste may accumulate universal waste paint and paint-related waste for no longer than one year from the date the universal waste is generated. However, handlers may accumulate universal waste for longer than one year if the activity is solely for the purpose of accumulating quantities to facilitate proper recovery, treatment, or disposal. The handler bears the burden of proving that this activity is solely for the purpose of accumulation of the quantities of universal waste necessary to facilitate proper recovery, treatment, or disposal. (B) A small quantity handler of universal waste who accumulates universal waste must be able to demonstrate the length of time that the universal waste has been accumulated. The handler may make this demonstration by any of the following methods: (i) placing the universal waste paint and paint-related waste in a container and marking or labeling the container with the earliest date that universal waste paint or paint-related waste in the container became a waste or was received; (ii) marking or labeling each individual item of universal waste paint and paint-related waste with the date the universal waste paint and paint-related waste became a waste or was received; (iii) maintaining an inventory system on-site that identifies the date each unit of universal waste paint and paint-related waste became a waste or was received; (iv) placing universal waste paint and paint-related waste in a specific accumulation area and identifying the earliest date that any of the universal waste paint and paint-related waste in the area became a waste or was received; or (v) any other method that clearly demonstrates the length of time the universal waste paint and paint-related waste have been accumulated from the date they become a waste or are received. (4) Employee training. A small quantity handler of universal waste shall inform all employees who handle or have responsibility for managing universal waste paint and paint-related waste. The information shall describe proper handling and emergency procedures appropriate to the universal waste paint and paint-related waste. (5) Response to releases. (A) A small quantity handler of universal waste must immediately contain all releases of universal waste paint and paint-related waste and other residues from universal waste paint and paint-related waste. (B) A small quantity handler of universal waste must determine whether any material resulting from the release is hazardous waste and, if so, must manage the hazardous waste in compliance with all applicable hazardous waste requirements of this Act and rules adopted under this Act. The handler is considered the generator of the material resulting from the release and must manage the material in compliance with this Act and rules adopted under this Act. (6) Off-site shipments. (A) A small quantity handler of universal waste is prohibited from sending or taking universal waste paint and paint-related waste to a place other than another universal waste handler, a destination facility, or a foreign destination. (B) If a small quantity handler of universal waste self-transports universal waste paint and paint-related waste off-site, the handler becomes a universal waste transporter for those self-transportation activities and shall comply with the Board's existing rules for universal waste transporters. (C) If universal waste paint and paint-related waste being offered for off-site transportation meets the definition of hazardous materials under 49 CFR Parts 171 to 180, a small quantity handler of universal waste shall package, label, mark and placard the shipment, and prepare the proper shipping papers in accordance with the applicable United States Department of Transportation regulations under 49 CFR Parts 172 to 180. (D) Prior to sending a shipment of universal waste paint and paint-related waste to another universal waste handler, the originating handler shall ensure that the receiving handler agrees to receive the shipment. (E) If a small quantity handler of universal waste sends a shipment of universal waste paint and paint-related waste to another handler or to a destination facility and if the shipment is rejected by the receiving handler or destination facility, the originating handler shall either: (i) receive the universal waste paint and paint-related waste back when notified that the shipment has been rejected; or (ii) agree with the receiving handler on a destination facility to which the shipment will be sent. (F) A small quantity handler of universal waste may reject a shipment containing universal waste paint and paint-related waste, or a portion of a shipment containing universal waste paint and paint-related waste, received from another handler. If a handler rejects a shipment or a portion of a shipment, the rejecting handler shall contact the originating handler to notify the originating handler of the rejection and to discuss reshipment of the load. The receiving handler shall: (i) send the shipment back to the originating handler; or (ii) if agreed to by both the originating and receiving handler, send the shipment to a destination facility. (G) If a small quantity handler of universal waste receives a shipment of nonhazardous, non-universal waste, the handler may manage the waste in any way that is in compliance with applicable law. (d) Until the Board adopts rules pursuant to subsection (b), the following additional requirements shall apply: (1) Paints and paint-related wastes that are exempt household wastes or very small quantity generator wastes under existing Board rules remain exempt from the hazardous waste rules but may be managed as universal wastes under 35 Ill. Adm. Code 733.108. (2) Universal waste transporters that transport paints or paint-related wastes that are universal wastes are subject to the existing Board rules for universal waste transporters. (3) Universal waste destination facilities that manage paints or paint-related wastes that are universal wastes are subject to the existing Board rules for universal waste destination facilities.

Legislative History

(Source: P.A. 103-887, eff. 1-1-25; 104-417, eff. 8-15-25.)