Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 722 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subpart H - TRANSBOUNDARY SHIPMENTS OF HAZARDOUS WASTE FOR RECOVERY OR DISPOSAL › Section 722.181 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to the definitions in 35 Ill. Adm. Code 720.110, the following definitions apply to Subpart H and to other provisions within
				  Part 722 as specifically indicated:
"Amber control procedures" means the controls listed in
				  Section D of Annex A ("Amber Control Procedure") to OECD Guidance Manual,
				  incorporated by reference in 35 Ill. Adm. Code 720.111(a).
BOARD NOTE: The Board added this definition.
"Amber waste" means a waste listed in Appendix 4 ("List of
				  Wastes Subject to the Amber Control Procedure") to Annex A and in Annex C
				  ("OECD Consolidated List of Wastes Subject to the Amber Control Procedure") to
				  OECD Guidance Manual, incorporated by reference in 35 Ill. Adm. Code
				  720.111(a).
BOARD NOTE: The Board added this definition.
"Competent authority" means the regulatory authority or
				  authorities of countries concerned having jurisdiction over transboundary
				  movements of wastes.
BOARD NOTE: Under the Basel Convention on the Control of
				  Transboundary Movements of Hazardous Wastes and Their Disposal (Basel
				  Convention), party countries are required to establish or designate competent
				  authorities to facilitate implementation of the Convention. Basel Convention,
				  art. 5 (as amended through May 27, 2014). The Basel Convention, United Nations
				  Environment Programme maintains an on-line list of competent authorities by
				  country:
http://www.basel.int/Countries/CountryContacts/tabid/1342/Default.aspx
.
"Countries concerned" means the countries of export or import
				  and any countries of transit. Use of singular "concerned country" is
				  contemplated within this definition if the text refers only to a single
				  country.
"Country of export" means any country from which a
				  transboundary movement of hazardous waste is planned to be initiated or is
				  initiated.
"Country of import" means any country to which a
				  transboundary movement of hazardous waste is planned or takes place for the
				  purpose of submitting the waste to recovery or disposal operations in that
				  country.
"Country of transit" means any country other than the country
				  of export or country of import across which a transboundary movement of waste
				  is planned to be initiated or takes place.
"Disposal operations" means activities that do not lead to
				  the possibility of resource recovery, recycling, reclamation, direct re-use, or
				  alternate uses, which include the following:
D1 Release or Deposit into or onto land, other than by any of
				  operations D2 through D5 or D12.
D2 Land treatment, such as biodegradation of liquids or
				  sludges in soils.
D3 Deep injection, such as injection into wells, salt domes,
				  or naturally occurring repositories.
D4 Surface impoundment, such as placing of liquids or sludges
				  into pits, ponds, or lagoons.
D5 Specially engineered landfill, such as placement into
				  lined discrete cells that are capped and isolated from one another and the
				  environment.
D6 Release into a water body other than a sea or ocean, and
				  other than by operation D4.
D7 Release into a sea or ocean, including sea-bed insertion,
				  other than by operation D4.
D8 Biological treatment not specified elsewhere in operations
				  D1 through D12 that results in final compounds or mixtures that are discarded
				  by means of any of operations D1 through D12.
D9 Physical or chemical treatment not specified elsewhere in
				  operations D1 through D12, such as evaporation, drying, calcination,
				  neutralization, or precipitation, that results in final compounds or mixtures
				  that are discarded by means of any of operations D1 through D12.
D10 Incineration on land.
D11 Incineration at sea.
D12 Permanent storage.
D13 Interim blending or mixing, prior to any of operations D1
				  through D12.
D14 Interim repackaging, prior to any of operations D1
				  through D12.
D15 Interim storage, prior to any of operations D1 through
				  D12.
DC1 Release, including the venting of compressed or liquified
				  gases, or treatment, other than by any of operations D1 to D12 (for
				  transboundary movements with Canada only).
DC2 Testing of a new technology to dispose of a hazardous
				  waste (for transboundary movements with Canada only).
"Export" means the transportation of hazardous waste from a
				  location under the jurisdiction of the United States to a location under the
				  jurisdiction of another country, or a location not under the jurisdiction of
				  any country, for the recovery or disposal operations at the destination.
"Exporter" (designated as "primary exporter" in the
				  certification statement on the RCRA hazardous waste manifest (USEPA Form
				  8700-22)) means either the person domiciled in the United States that
				  originates the movement document in compliance with Section 722.183(d) or the
				  manifest in compliance with Subpart B specifying a foreign receiving facility
				  as the destination of the hazardous waste or any recognized trader that
				  proposes export of the hazardous wastes for recovery or disposal operations in
				  the country of import.
"Foreign exporter" means the person under the jurisdiction of
				  the country of export that has, or will have at the time the planned
				  transboundary movement starts, possession or other forms of legal control of
				  the hazardous waste and that proposes shipment of hazardous waste to the United
				  States for recovery or disposal operations.
"Foreign importer" means the person assigned possession or
				  other form of legal control of the hazardous waste once the exported hazardous
				  waste is received in the country of import.
"Foreign receiving facility" means a facility that operates
				  or is authorized to operate under the importing country's domestic law to
				  receive the hazardous wastes and to perform recovery or disposal operations on
				  them.
"Green control procedures" means the controls listed in
				  Section C of Annex A ("Green Control Procedure") to OECD Guidance Manual,
				  incorporated by reference in 35 Ill. Adm. Code 720.111(a).
BOARD NOTE: The Board added this definition.
"Green waste" means a waste listed in Appendix 3 ("List of
				  Wastes Subject to the Green Control Procedures") to Annex A and in Annex B
				  ("OECD Consolidated List of Wastes Subject to the Green Control Procedure") to
				  OECD Guidance Manual, incorporated by reference in 35 Ill. Adm. Code
				  720.111(a).
BOARD NOTE: The Board added this definition.
"Import" means the transportation of hazardous waste from a
				  location under the jurisdiction of another country to a location under the
				  jurisdiction of the United States for the recovery or disposal operations at
				  the destination.
"Importer" means the person that is assigned possession or
				  other form of legal control of the hazardous waste at the time the imported
				  hazardous waste is received in the United States.
"OECD" means the Organisation for Economic Co-operation and
				  Development.
"OECD area" means all land or marine areas under the national
				  jurisdiction of any OECD member country. When the regulations refer to
				  shipments to or from an OECD member country, this means OECD area.
"OECD Guidance Manual" means "Guidance Manual for the
				  Implementation of Council Decision C(2001)107/FINAL, As Amended, on the Control
				  of Transboundary Movements of Wastes Destined for Recovery Operations", 2009
				  (also called "Guidance Manual for the Control of Transboundary Movements of
				  Recoverable Materials" in OECD documents), but only the segments incorporated
				  by reference in 35 Ill. Adm. Code 722.111(a), which state the substantive
				  requirements of OECD decision C(2001)107/FINAL, as amended by C(2004)20;
				  C(2005)141 and C(2008)156.
BOARD NOTE: The Board added this definition. Although USEPA
				  conventionally refers to the OECD requirements by the designation
				  "C(2001)107/FINAL", USEPA incorporated the OECD Guidance Manual by reference
				  for the substance of the OECD requirements. The substance of the OECD
				  requirements requires reference to the Basel Convention on the Control of
				  Transboundary Movements of Hazardous Wastes and Their Disposal (Basel
				  Convention) for full meaning, and the OECD Guidance Manual includes Annexes A
				  through C, which present the full text of OECD decision C(2001)107/FINAL and
				  the Basel Convention. For these reasons, the Board refers directly to the OECD
				  Guidance Manual and incorporates Annexes A through C of the Guidance Manual by
				  reference.
"OECD member country" means any of the countries that are
				  members of the OECD and participate in the OECD Guidance Manual.
BOARD NOTE: Corresponding  40 CFR 262.81  states that USEPA
				  provides a list of OECD member countries on the Internet. (
https://www.epa.gov/hwgenerators/international-agreements-transboundary-shipments-hazardous-waste#oecd
).
"Receiving facility" means a facility within the jurisdiction
				  of the United States that operates or is authorized to operate to receive
				  hazardous wastes and to perform recovery or disposal operations on them under
				  RCRA and other domestic laws.
"Recognized trader" means a person that, with appropriate
				  authorization of countries concerned, acts in the role of principal to purchase
				  and subsequently sell wastes; this person has legal control of the wastes from
				  time of purchase to time of sale; the person may act to arrange and facilitate
				  transboundary movements of wastes destined for recovery operations.
"Recovery facility" means a facility that, under domestic
				  law, is operating or is authorized to operate in the country of import to
				  receive wastes and to perform recovery operations on them.
"Recovery operations" means activities leading to resource
				  recovery, recycling, reclamation, direct re-use, or alternative uses, which
				  include the following types of operations:
R1 Use as a fuel (other than in direct incineration) or other
				  means to generate energy,
R2 Solvent reclamation or regeneration,
R3 Recycling or reclamation of organic substances that are
				  not used as solvents,
R4 Recycling or reclamation of metals and metal
				  compounds,
R5 Recycling or reclamation of other inorganic
				  materials,
R6 Regeneration of acids or bases,
R7 Recovery of components used for pollution
				  abatement,
R8 Recovery of components from used catalysts,
R9 Used oil re-refining or other reuses of previously used
				  oil,
R10 Land treatment resulting in benefit to agriculture or
				  ecological improvement,
R11 Use of residual materials obtained from any of the
				  operations numbered R1 through R10 or RC 1,
R12 Interim exchange of wastes before recycling using any of
				  the operations numbered R1 through R11 or RC 1, and
R13 Interim accumulation of material intended for any
				  operation numbered R1 through R11 or RC1.
RC14 Recovery or regeneration of a substance or use or re-use
				  of a recyclable material, other than by any of operations R1 through R10 (for
				  transboundary shipments with Canada only).
RC2 Testing of a new technology to recycle a hazardous
				  recyclable material (for transboundary shipments with Canada only).
RC3 Interim storage prior to any of operations R1 through R11
				  or RC14 (for transboundary shipments with Canada only).
"Transboundary movement" means any movement of hazardous
				  wastes from an area under the national jurisdiction of one country to an area
				  under the national jurisdiction of another country.
"USEPA Acknowledgment of Consent" or "AOC" means the letter
				  USEPA sends to the exporter documenting the specific terms of the country of
				  import's consent and any countries of transit's consents.
BOARD NOTE: Corresponding  40 CFR 262.81  provides that the
					 AOC meets the definition of "export license" in  15 CFR 30.1.