Definitions

Section 722 Section 722.181  Definitions 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.