Bill Text: IL SB0839 | 2023-2024 | 103rd General Assembly | Chaptered

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Bill Title: Amends the Paint Stewardship Act. In a provision regarding a paint stewardship program plan, provides that not later than 90 days (rather than 60 days) after submission of a plan, the Environmental Protection Agency shall approve or disapprove the plan, with certain requirements. Provides that the plan shall be submitted not later than July 1, 2025 (rather than 12 months after the effective date of the Paint Stewardship Act). Provides that by July 1, 2028 (rather than July 1, 2026), and each July 1 thereafter, a manufacturer shall submit a report to the Agency that details the implementation of the manufacturer's program during the prior calendar year. Amends the Environmental Protection Act. Excludes paint and paint-related waste, as well as certain paint and paint-related waste that are hazardous waste, from the definition of "special waste". Provides that paint and paint-related waste that are hazardous waste are designated as universal waste subject to the streamlined hazardous waste rules. Provides that the Environmental Protection Agency shall propose and the Pollution Control Board shall adopt rules to designate and provide for the management of paint and paint waste as universal waste. Provides that if the U.S. Environmental Protection Agency adopts streamlined hazardous waste regulations pertaining to the management of hazardous waste paint or paint-related waste, the Board shall adopt an equivalent rule within 180 days. Provides, until the Board adopts certain rules, requirements that apply to small quantity handlers of universal waste managing hazardous waste paint and paint-related waste as a universal waste, including to prevent releases of universal waste to the environment, with specific requirements. Requires labeling or marking of universal waste paint and paint-related waste containers. Provides that 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, unless such activity is solely for the purpose of accumulating quantities to facilitate proper recovery, treatment, or disposal, with certain requirements. Provides that a small quantity handler of universal waste shall provide information to employees that describes proper handling and emergency procedures appropriate to universal waste paint and paint-related waste, with certain requirements. Provides requirements for a small quantity handler of universal waste regarding response to releases. Prohibits off-site shipments of universal waste paint and paint-related waste for a small quantity handler of universal waste with certain requirements and exceptions. Requires, until the Board adopts certain rules, that paints and paint-related wastes that are exempt household wastes or very small quantity generator wastes remain exempt from the hazardous waste rules but may be managed as universal wastes. Requires, until the Board adopts certain rules, that 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. Requires, until the Board adopts certain rules, that 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. Defines terms.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0887 [SB0839 Detail]

Download: Illinois-2023-SB0839-Chaptered.html

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Public Act 103-0887
SB0839 Enrolled LRB103 03297 CPF 48303 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended by
changing Section 3.475 and by adding Section 22.23e as
follows:
(415 ILCS 5/3.475) (was 415 ILCS 5/3.45)
Sec. 3.475. Special waste. "Special waste" means any of
the following:
(a) potentially infectious medical waste;
(b) hazardous waste, as determined in conformance with
RCRA hazardous waste determination requirements set forth in
Section 722.111 of Title 35 of the Illinois Administrative
Code, including a residue from burning or processing hazardous
waste in a boiler or industrial furnace unless the residue has
been tested in accordance with Section 726.212 of Title 35 of
the Illinois Administrative Code and proven to be
nonhazardous;
(c) industrial process waste or pollution control waste,
except:
(1) any such waste certified by its generator,
pursuant to Section 22.48 of this Act, not to be any of the
following:

(A) a liquid, as determined using the paint filter
test set forth in subdivision (3)(A) of subsection (m)
of Section 811.107 of Title 35 of the Illinois
Administrative Code;
(B) regulated asbestos-containing waste materials,
as defined under the National Emission Standards for
Hazardous Air Pollutants in 40 CFR Section 61.141;
(C) polychlorinated biphenyls (PCB's) regulated
pursuant to 40 CFR Part 761;
(D) an industrial process waste or pollution
control waste subject to the waste analysis and
recordkeeping requirements of Section 728.107 of Title
35 of the Illinois Administrative Code under the land
disposal restrictions of Part 728 of Title 35 of the
Illinois Administrative Code; and
(E) a waste material generated by processing
recyclable metals by shredding and required to be
managed as a special waste under Section 22.29 of this
Act;
(2) any empty portable device or container, including
but not limited to a drum, in which a special waste has
been stored, transported, treated, disposed of, or
otherwise handled, provided that the generator has
certified that the device or container is empty and does
not contain a liquid, as determined pursuant to item (A)
of subdivision (1) of this subsection. For purposes of

this subdivision, "empty portable device or container"
means a device or container in which removal of special
waste, except for a residue that shall not exceed one inch
in thickness, has been accomplished by a practice commonly
employed to remove materials of that type. An inner liner
used to prevent contact between the special waste and the
container shall be removed and managed as a special waste;
or
(3) as may otherwise be determined under Section 22.9
of this Act.
"Special waste" does not mean fluorescent and high
intensity discharge lamps as defined in subsection (a) of
Section 22.23a of this Act, paint and paint-related waste as
defined in subsection (a) of Section 22.23e of this Act, waste
that is managed in accordance with the universal waste
requirements set forth in Title 35 of the Illinois
Administrative Code, Subtitle G, Chapter I, Subchapter c, Part
733, or waste that is subject to rules adopted pursuant to
subsection (c)(2) of Section 22.23a of this Act or subsection
(b) of Section 22.23e of this Act.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/22.23e new)
Sec. 22.23e. Paint and paint-related wastes.
(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 the effective date
of this amendatory Act of the 103rd General Assembly, 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 offsite, 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.
Section 10. The Paint Stewardship Act is amended by
changing Sections 15, 25, and 40 as follows:
(415 ILCS 175/15)
Sec. 15. Paint stewardship program plan.
(a) Each manufacturer of architectural paint sold or
offered for sale at retail in the State shall submit to the
Agency a plan for the establishment of a postconsumer paint
stewardship program. The program shall seek to reduce the

generation of postconsumer paint, promote its reuse and
recycling, and manage the postconsumer paint waste stream
using environmentally sound management practices.
(b) A plan submitted under this Section shall:
(1) Provide a list of participating manufacturers and
brands covered by the program.
(2) Provide information on the architectural paint
products covered under the program, such as interior or
exterior water-based and oil-based coatings, primers,
sealers, or wood coatings.
(3) Describe how it will provide for the statewide
collection of postconsumer architectural paint in the
State. The manufacturer or representative organization may
coordinate the program with existing household hazardous
waste collection infrastructure as is mutually agreeable
with the person operating the household waste collection
infrastructure.
(4) Provide a goal of sufficient number and geographic
distribution of collection sites, collection services, or
collection events for postconsumer architectural paint to
meet the following criteria:
(A) at least 90% of State residents shall have a
collection site, collection service, or collection
event within a 15-mile radius; and
(B) at least one collection site, collection
service, or collection event for every 50,000

residents of the State.
(5) Describe how postconsumer paint will be managed
using the following strategies: reuse, recycling, and
disposal.
(6) Describe education and outreach efforts to inform
consumers about the program. These efforts should include:
(A) information about collection opportunities for
postconsumer paint;
(B) information about the fee for the operation of
the program that shall be included in the purchase
price of all architectural paint sold in the State;
and
(C) efforts to promote the source reduction,
reuse, and recycling of architectural paint.
(7) Include a certification from an independent
auditor that any added fee to paint sold in the State as a
result of the postconsumer paint stewardship program does
not exceed the costs to operate and sustain the program in
accordance with sound management practices. The
independent auditor shall verify that the amount added to
each unit of paint will cover the costs and sustain the
postconsumer paint stewardship program.
(8) Describe how the paint stewardship program will
incorporate and compensate service providers for
activities conducted under the program that may include:
(A) the collection of postconsumer architectural

paint and architectural paint containers through
permanent collection sites, collection events, or
curbside services;
(B) the reuse or processing of postconsumer
architectural paint at a permanent collection site;
and
(C) the transportation, recycling, and proper
disposal of postconsumer architectural paint.
(c) Independent audits conducted for the purposes of this
Act must be conducted in accordance with generally accepted
auditing standards. The work product of the independent
auditor shall be submitted to the Agency as part of the annual
report required by Section 40. The cost of any work performed
by the independent auditor shall be funded by the program.
(d) Not later than 90 60 days after submission of the plan
under this Section, the Agency shall determine in writing
whether to approve the plan as submitted or disapprove the
plan. The Agency shall approve a plan if it contains all of the
information required under subsection (b). If the plan is
disapproved, the manufacturer or representative organization
shall resubmit a plan within 45 calendar days of receipt of the
notice of disapproval.
(e) If a manufacturer or representative organization
determines that the paint stewardship fee should be adjusted
because the independent audit reveals that the cost of
administering the program exceeds the revenues generated by

the paint stewardship fee, the manufacturer or representative
organization shall submit to the Agency a justification for
the adjustment as well as financial reports to support the
adjustment, including a 5-year projection of the financial
status of the organization. The submission shall include a
certification from an independent auditor that the proposed
fee adjustment will generate revenues necessary and sufficient
to pay the program expenses, including any accumulated debt,
and develop a reasonable reserve level sufficient to sustain
the program. The Agency shall approve the fee adjustment if
the submission contains all of the information required under
this subsection.
(f) Within 45 calendar days after Agency approval of a
plan, the Agency shall post on its website, and the
manufacturer or representative organization shall post on its
website, the names of the manufacturers participating in the
plan, the brands of architectural paint covered by the
program, and a copy of the plan.
(g) Each manufacturer under the plan shall include in the
price of any architectural paint sold to retailers or
distributors in the State the per container amount of the fee
set forth in the plan or fee adjustment. If a representative
organization is implementing the plan for a manufacturer, the
manufacturer is responsible for filing, reporting, and
remitting the paint stewardship fee assessment for each
container of architectural paint to the representative

organization. A retailer or distributor shall not deduct the
amount of the fee from the purchase price of any paint it
sells.
(Source: P.A. 103-372, eff. 1-1-24.)
(415 ILCS 175/25)
Sec. 25. Plan submission. The plan required by Section 15
shall be submitted not later than July 1, 2025 12 months after
the effective date of this Act.
(Source: P.A. 103-372, eff. 1-1-24.)