Sen. Linda Holmes

Filed: 4/17/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 839

2    AMENDMENT NO. ______. Amend Senate Bill 839 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Environmental Protection Act is amended by
5changing Section 3.475 and by adding Section 22.23e as
6follows:
 
7    (415 ILCS 5/3.475)  (was 415 ILCS 5/3.45)
8    Sec. 3.475. Special waste. "Special waste" means any of
9the following:
10    (a) potentially infectious medical waste;
11    (b) hazardous waste, as determined in conformance with
12RCRA hazardous waste determination requirements set forth in
13Section 722.111 of Title 35 of the Illinois Administrative
14Code, including a residue from burning or processing hazardous
15waste in a boiler or industrial furnace unless the residue has
16been tested in accordance with Section 726.212 of Title 35 of

 

 

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1the Illinois Administrative Code and proven to be
2nonhazardous;
3    (c) industrial process waste or pollution control waste,
4except:
5        (1) any such waste certified by its generator,
6    pursuant to Section 22.48 of this Act, not to be any of the
7    following:
8            (A) a liquid, as determined using the paint filter
9        test set forth in subdivision (3)(A) of subsection (m)
10        of Section 811.107 of Title 35 of the Illinois
11        Administrative Code;
12            (B) regulated asbestos-containing waste materials,
13        as defined under the National Emission Standards for
14        Hazardous Air Pollutants in 40 CFR Section 61.141;
15            (C) polychlorinated biphenyls (PCB's) regulated
16        pursuant to 40 CFR Part 761;
17            (D) an industrial process waste or pollution
18        control waste subject to the waste analysis and
19        recordkeeping requirements of Section 728.107 of Title
20        35 of the Illinois Administrative Code under the land
21        disposal restrictions of Part 728 of Title 35 of the
22        Illinois Administrative Code; and
23            (E) a waste material generated by processing
24        recyclable metals by shredding and required to be
25        managed as a special waste under Section 22.29 of this
26        Act;

 

 

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1        (2) any empty portable device or container, including
2    but not limited to a drum, in which a special waste has
3    been stored, transported, treated, disposed of, or
4    otherwise handled, provided that the generator has
5    certified that the device or container is empty and does
6    not contain a liquid, as determined pursuant to item (A)
7    of subdivision (1) of this subsection. For purposes of
8    this subdivision, "empty portable device or container"
9    means a device or container in which removal of special
10    waste, except for a residue that shall not exceed one inch
11    in thickness, has been accomplished by a practice commonly
12    employed to remove materials of that type. An inner liner
13    used to prevent contact between the special waste and the
14    container shall be removed and managed as a special waste;
15    or
16        (3) as may otherwise be determined under Section 22.9
17    of this Act.
18    "Special waste" does not mean fluorescent and high
19intensity discharge lamps as defined in subsection (a) of
20Section 22.23a of this Act, paint and paint-related waste as
21defined in subsection (a) of Section 22.23e of this Act, waste
22that is managed in accordance with the universal waste
23requirements set forth in Title 35 of the Illinois
24Administrative Code, Subtitle G, Chapter I, Subchapter c, Part
25733, or waste that is subject to rules adopted pursuant to
26subsection (c)(2) of Section 22.23a of this Act or subsection

 

 

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1(b) of Section 22.23e of this Act.
2(Source: P.A. 92-574, eff. 6-26-02.)
 
3    (415 ILCS 5/22.23e new)
4    Sec. 22.23e. Paint and paint-related wastes.
5    (a) As used in this Section:
6    "Paint" means a pigmented or unpigmented powder coating,
7or a pigmented or unpigmented mixture of binder and suitable
8liquid, that forms an adherent coating when applied to a
9surface. Powder coating is a surface coating that is applied
10as a dry powder and is fused into a continuous coating film
11through the use of heat. "Paint" includes architectural paint
12as defined in the Paint Stewardship Act.
13    "Paint-related waste" is (i) material contaminated with
14paint that results from the packaging of paint, wholesale and
15retail operations, paint manufacturing, and paint application
16or removal activities or (ii) material derived from the
17reclamation of paint-related wastes that is recycled in a
18manner other than burning for energy recovery or used in a
19manner constituting disposal.
20    (b)(1) Paint and paint-related waste that are hazardous
21waste are hereby designated as a category of universal waste
22subject to the streamlined hazardous waste rules set forth in
2335 Ill. Adm. Code 733. Within 60 days after the effective date
24of this amendatory Act of the 103rd General Assembly, the
25Agency shall propose, and within 180 days after receipt of the

 

 

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1Agency's proposal the Board shall adopt, rules that reflect
2this designation and that prescribe procedures and standards
3for the management of hazardous waste paint and paint-related
4waste as a universal waste consistent with the provisions set
5forth within this Section.
6    (2) If the United States Environmental Protection Agency
7adopts streamlined hazardous waste regulations pertaining to
8the management of hazardous waste paint or paint-related
9waste, or otherwise exempts such paint or paint-related waste
10from regulation as hazardous waste, the Board shall adopt an
11equivalent rule in accordance with Section 7.2 of this Act
12within 180 days of adoption of the federal regulation. The
13equivalent Board rule may serve as an alternative to the rules
14adopted under paragraph (1) of this subsection (b).
15    (c) Until the Board adopts rules pursuant to paragraph (1)
16of subsection (b) that prescribe procedures and standards for
17the management of hazardous waste paint and paint-related
18waste by small quantity handlers of universal waste, the
19following requirements shall apply to small quantity handlers
20of universal waste managing hazardous waste paint and
21paint-related waste as a universal waste:
22        (1) Waste Management. A small quantity handler of
23    universal waste shall manage universal waste paint and
24    paint-related waste in a way that prevents releases of any
25    universal waste or any component of universal waste to the
26    environment, including, but not limited to, in accordance

 

 

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1    with the following requirements:
2            (A) The small quantity handler of universal waste
3        shall collect and store universal waste paint and
4        paint-related waste in containers that are
5        structurally sound, leakproof, and compatible with the
6        universal waste paint and paint-related waste.
7            (B) The small quantity handler of universal waste
8        shall ensure that containers in which the universal
9        waste paint and paint-related waste are contained do
10        not leak and remain closed, except when wastes are
11        being added to or removed from the container.
12            (C) The small quantity handler of universal waste,
13        upon detection of a release of universal waste paint
14        and paint-related waste, shall do the following:
15                (i) Stop the release.
16                (ii) Contain the released universal waste
17            paint and paint-related waste.
18                (iii) Clean up and properly manage the
19            released universal waste paint and paint-related
20            waste and other materials generated from the
21            cleanup.
22                (iv) Remove any leaking container from service
23            by transferring the contents to another container.
24                (v) Repair any leaking container before
25            returning it to service.
26            (D) A small quantity handler of universal waste

 

 

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1        shall manage universal waste paint and paint-related
2        waste that is ignitable or reactive in accordance with
3        local fire codes.
4            (E) A small quantity handler of universal waste
5        shall manage universal waste paint and paint-related
6        waste that are incompatible in separate containers.
7            (F) A small quantity handler of universal waste
8        shall design, maintain, and operate areas of its
9        facility where universal waste paints and
10        paint-related wastes are collected and stored to
11        minimize the possibility of a fire, explosion, or
12        unplanned sudden or non-sudden release of universal
13        waste or hazardous constituents to air, soil, or
14        surface water which could threaten human health or the
15        environment.
16        (2) Labeling or marking. Each container in which
17    universal waste paint and paint-related waste is
18    accumulated shall be labeled to identify the contents of
19    the container.
20        (3) Accumulation time limits.
21            (A) A small quantity handler of universal waste
22        may accumulate universal waste paint and paint-related
23        waste for no longer than one year from the date the
24        universal waste is generated. However, handlers may
25        accumulate universal waste for longer than one year if
26        the activity is solely for the purpose of accumulating

 

 

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1        quantities to facilitate proper recovery, treatment,
2        or disposal. The handler bears the burden of proving
3        that this activity is solely for the purpose of
4        accumulation of the quantities of universal waste
5        necessary to facilitate proper recovery, treatment, or
6        disposal.
7            (B) A small quantity handler of universal waste
8        who accumulates universal waste must be able to
9        demonstrate the length of time that the universal
10        waste has been accumulated. The handler may make this
11        demonstration by any of the following methods:
12                (i) placing the universal waste paint and
13            paint-related waste in a container and marking or
14            labeling the container with the earliest date that
15            universal waste paint or paint-related waste in
16            the container became a waste or was received;
17                (ii) marking or labeling each individual item
18            of universal waste paint and paint-related waste
19            with the date the universal waste paint and
20            paint-related waste became a waste or was
21            received;
22                (iii) maintaining an inventory system on-site
23            that identifies the date each unit of universal
24            waste paint and paint-related waste became a waste
25            or was received;
26                (iv) placing universal waste paint and

 

 

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1            paint-related waste in a specific accumulation
2            area and identifying the earliest date that any of
3            the universal waste paint and paint-related waste
4            in the area became a waste or was received; or
5                (v) any other method that clearly demonstrates
6            the length of time the universal waste paint and
7            paint-related waste have been accumulated from the
8            date they become a waste or are received.
9        (4) Employee training. A small quantity handler of
10    universal waste shall inform all employees who handle or
11    have responsibility for managing universal waste paint and
12    paint-related waste. The information shall describe proper
13    handling and emergency procedures appropriate to the
14    universal waste paint and paint-related waste.
15        (5) Response to releases.
16            (A) A small quantity handler of universal waste
17        must immediately contain all releases of universal
18        waste paint and paint-related waste and other residues
19        from universal waste paint and paint-related waste.
20            (B) A small quantity handler of universal waste
21        must determine whether any material resulting from the
22        release is hazardous waste and, if so, must manage the
23        hazardous waste in compliance with all applicable
24        hazardous waste requirements of this Act and rules
25        adopted under this Act. The handler is considered the
26        generator of the material resulting from the release

 

 

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1        and must manage the material in compliance with this
2        Act and rules adopted under this Act.
3        (6) Off-site shipments.
4            (A) A small quantity handler of universal waste is
5        prohibited from sending or taking universal waste
6        paint and paint-related waste to a place other than
7        another universal waste handler, a destination
8        facility, or a foreign destination.
9            (B) If a small quantity handler of universal waste
10        self-transports universal waste paint and
11        paint-related waste offsite, the handler becomes a
12        universal waste transporter for those
13        self-transportation activities and shall comply with
14        the Board's existing rules for universal waste
15        transporters.
16            (C) If universal waste paint and paint-related
17        waste being offered for off-site transportation meets
18        the definition of hazardous materials under 49 CFR
19        Parts 171 to 180, a small quantity handler of
20        universal waste shall package, label, mark and placard
21        the shipment, and prepare the proper shipping papers
22        in accordance with the applicable United States
23        Department of Transportation regulations under 49 CFR
24        Parts 172 to 180.
25            (D) Prior to sending a shipment of universal waste
26        paint and paint-related waste to another universal

 

 

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1        waste handler, the originating handler shall ensure
2        that the receiving handler agrees to receive the
3        shipment.
4            (E) If a small quantity handler of universal waste
5        sends a shipment of universal waste paint and
6        paint-related waste to another handler or to a
7        destination facility and if the shipment is rejected
8        by the receiving handler or destination facility, the
9        originating handler shall either:
10                (i) receive the universal waste paint and
11            paint-related waste back when notified that the
12            shipment has been rejected; or
13                (ii) agree with the receiving handler on a
14            destination facility to which the shipment will be
15            sent.
16            (F) A small quantity handler of universal waste
17        may reject a shipment containing universal waste paint
18        and paint-related waste, or a portion of a shipment
19        containing universal waste paint and paint-related
20        waste, received from another handler. If a handler
21        rejects a shipment or a portion of a shipment, the
22        rejecting handler shall contact the originating
23        handler to notify the originating handler of the
24        rejection and to discuss reshipment of the load. The
25        receiving handler shall:
26                (i) send the shipment back to the originating

 

 

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1            handler; or
2                (ii) if agreed to by both the originating and
3            receiving handler, send the shipment to a
4            destination facility.
5            (G) If a small quantity handler of universal waste
6        receives a shipment of nonhazardous, non-universal
7        waste, the handler may manage the waste in any way that
8        is in compliance with applicable law.
9    (d) Until the Board adopts rules pursuant to subsection
10(b), the following additional requirements shall apply:
11        (1) Paints and paint-related wastes that are exempt
12    household wastes or very small quantity generator wastes
13    under existing Board rules remain exempt from the
14    hazardous waste rules but may be managed as universal
15    wastes under 35 Ill. Adm. Code 733.108.
16        (2) Universal waste transporters that transport paints
17    or paint-related wastes that are universal wastes are
18    subject to the existing Board rules for universal waste
19    transporters.
20        (3) Universal waste destination facilities that manage
21    paints or paint-related wastes that are universal wastes
22    are subject to the existing Board rules for universal
23    waste destination facilities.
 
24    Section 10. The Paint Stewardship Act is amended by
25changing Sections 15, 25, and 40 as follows:
 

 

 

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1    (415 ILCS 175/15)
2    Sec. 15. Paint stewardship program plan.
3    (a) Each manufacturer of architectural paint sold or
4offered for sale at retail in the State shall submit to the
5Agency a plan for the establishment of a postconsumer paint
6stewardship program. The program shall seek to reduce the
7generation of postconsumer paint, promote its reuse and
8recycling, and manage the postconsumer paint waste stream
9using environmentally sound management practices.
10    (b) A plan submitted under this Section shall:
11        (1) Provide a list of participating manufacturers and
12    brands covered by the program.
13        (2) Provide information on the architectural paint
14    products covered under the program, such as interior or
15    exterior water-based and oil-based coatings, primers,
16    sealers, or wood coatings.
17        (3) Describe how it will provide for the statewide
18    collection of postconsumer architectural paint in the
19    State. The manufacturer or representative organization may
20    coordinate the program with existing household hazardous
21    waste collection infrastructure as is mutually agreeable
22    with the person operating the household waste collection
23    infrastructure.
24        (4) Provide a goal of sufficient number and geographic
25    distribution of collection sites, collection services, or

 

 

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1    collection events for postconsumer architectural paint to
2    meet the following criteria:
3            (A) at least 90% of State residents shall have a
4        collection site, collection service, or collection
5        event within a 15-mile radius; and
6            (B) at least one collection site, collection
7        service, or collection event for every 50,000
8        residents of the State.
9        (5) Describe how postconsumer paint will be managed
10    using the following strategies: reuse, recycling, and
11    disposal.
12        (6) Describe education and outreach efforts to inform
13    consumers about the program. These efforts should include:
14            (A) information about collection opportunities for
15        postconsumer paint;
16            (B) information about the fee for the operation of
17        the program that shall be included in the purchase
18        price of all architectural paint sold in the State;
19        and
20            (C) efforts to promote the source reduction,
21        reuse, and recycling of architectural paint.
22        (7) Include a certification from an independent
23    auditor that any added fee to paint sold in the State as a
24    result of the postconsumer paint stewardship program does
25    not exceed the costs to operate and sustain the program in
26    accordance with sound management practices. The

 

 

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1    independent auditor shall verify that the amount added to
2    each unit of paint will cover the costs and sustain the
3    postconsumer paint stewardship program.
4        (8) Describe how the paint stewardship program will
5    incorporate and compensate service providers for
6    activities conducted under the program that may include:
7            (A) the collection of postconsumer architectural
8        paint and architectural paint containers through
9        permanent collection sites, collection events, or
10        curbside services;
11            (B) the reuse or processing of postconsumer
12        architectural paint at a permanent collection site;
13        and
14            (C) the transportation, recycling, and proper
15        disposal of postconsumer architectural paint.
16    (c) Independent audits conducted for the purposes of this
17Act must be conducted in accordance with generally accepted
18auditing standards. The work product of the independent
19auditor shall be submitted to the Agency as part of the annual
20report required by Section 40. The cost of any work performed
21by the independent auditor shall be funded by the program.
22    (d) Not later than 90 60 days after submission of the plan
23under this Section, the Agency shall determine in writing
24whether to approve the plan as submitted or disapprove the
25plan. The Agency shall approve a plan if it contains all of the
26information required under subsection (b). If the plan is

 

 

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1disapproved, the manufacturer or representative organization
2shall resubmit a plan within 45 calendar days of receipt of the
3notice of disapproval.
4    (e) If a manufacturer or representative organization
5determines that the paint stewardship fee should be adjusted
6because the independent audit reveals that the cost of
7administering the program exceeds the revenues generated by
8the paint stewardship fee, the manufacturer or representative
9organization shall submit to the Agency a justification for
10the adjustment as well as financial reports to support the
11adjustment, including a 5-year projection of the financial
12status of the organization. The submission shall include a
13certification from an independent auditor that the proposed
14fee adjustment will generate revenues necessary and sufficient
15to pay the program expenses, including any accumulated debt,
16and develop a reasonable reserve level sufficient to sustain
17the program. The Agency shall approve the fee adjustment if
18the submission contains all of the information required under
19this subsection.
20    (f) Within 45 calendar days after Agency approval of a
21plan, the Agency shall post on its website, and the
22manufacturer or representative organization shall post on its
23website, the names of the manufacturers participating in the
24plan, the brands of architectural paint covered by the
25program, and a copy of the plan.
26    (g) Each manufacturer under the plan shall include in the

 

 

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1price of any architectural paint sold to retailers or
2distributors in the State the per container amount of the fee
3set forth in the plan or fee adjustment. If a representative
4organization is implementing the plan for a manufacturer, the
5manufacturer is responsible for filing, reporting, and
6remitting the paint stewardship fee assessment for each
7container of architectural paint to the representative
8organization. A retailer or distributor shall not deduct the
9amount of the fee from the purchase price of any paint it
10sells.
11(Source: P.A. 103-372, eff. 1-1-24.)
 
12    (415 ILCS 175/25)
13    Sec. 25. Plan submission. The plan required by Section 15
14shall be submitted not later than July 1, 2025 12 months after
15the effective date of this Act.
16(Source: P.A. 103-372, eff. 1-1-24.)
 
17    (415 ILCS 175/40)
18    Sec. 40. Annual report. By July 1, 2028 2026, and each July
191 thereafter, a manufacturer or representative organization
20shall submit a report to the Agency that details the
21implementation of the manufacturer's or representative
22organization's program during the prior calendar year. The
23report shall include:
24        (1) a description of the methods used to collect and

 

 

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1    transport the postconsumer paint collected by the program;
2        (2) the volume and type of postconsumer paint
3    collected and a description of the methods used to process
4    the paint, including reuse, recycling, and other methods;
5        (3) samples of the educational materials provided to
6    consumers of architectural paint; and
7        (4) the total cost of the program and an independent
8    financial audit of the program. An independent financial
9    auditor shall be chosen by the manufacturer or
10    representative organization.
11    The Agency and the manufacturer or manufacturer's
12representative organization shall post a copy of each annual
13report on their websites.
14(Source: P.A. 103-372, eff. 1-1-24.)".