Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 182 - PROCEDURES FOR REVIEW OF PETITIONS FOR MERCURY PRODUCT EXEMPTIONS
Subpart B - PETITIONS FOR EXEMPTIONS
Section 182.204 - Requirements for Petitions
Universal Citation: 35 IL Admin Code ยง 182.204
Current through Register Vol. 48, No. 38, September 20, 2024
a) Two copies of the petition must be submitted on forms prescribed by the Agency and must be mailed or delivered to the address designated by the Agency on the forms. The Agency's record of the date of filing shall be deemed conclusive unless a contrary date is proven by a dated, signed receipt.
b) Petitions for exemptions from Section 22.23 b of the Environmental Protection Act must include, but shall not be limited to, the following information:
1) The
petitioner's name, address, telephone number, and North American Industry
Classification System (NAICS) code. The petitioner's web address must also be
included if the petitioner has a web address;
2) The name, address, and telephone number of
a contact person for the petitioner. The contact person's e-mail address must
also be included;
3) Identification
of the product for which the exemption is sought and a description of the
specific uses of the product for which the exemption is sought;
4) A description of the location of the
mercury or mercury-containing component in the product and a description of how
to remove the mercury or mercury-containing component;
5) A description of the purpose of the
mercury in the product;
6)
Identification of all available nonmercury alternatives to the product or
mercury-containing component of the product;
7) Documentation demonstrating that use of
the product provides a net benefit to the environment, public health, or public
safety when compared to each of the available nonmercury alternatives
identified under subsection (b)(6) of this Section;
8) Documentation demonstrating that a
convenient and widely available system exists for the proper end of life
collection, transportation, and processing of the product for which the
exemption is sought. The documentation must include, but shall not be limited
to, a written plan for the proper collection, transportation, and processing of
the product. The plan must include, but shall not be limited to, the following:
A) A description of the system that will be
used for the proper end of life collection, transportation, and processing of
the product by the manufacturer, by an industry or trade group, or via another
similar system that ensures the product is properly collected, transported, and
processed;
B) Documentation
demonstrating the readiness and willingness of all necessary parties to perform
as intended in the collection, transportation, and processing system;
C) A description of the financing for the
collection, transportation, and processing system;
D) A description of an education program that
will inform the relevant portions of the public and private sectors about the
product, the purpose of the collection, transportation, and processing system,
and how consumers of the product may participate;
E) Identification of the annual collection
goal for the product;
F) A
description of the performance measures to be used to determine whether the
collection, transportation, and processing system is meeting the annual
collection goal for the product;
G)
A description of the record keeping protocol to assure conformance with the
plan; and
H) A description of
additional or alternative actions that will be implemented to improve the
collection, transportation, and processing of the product in the event the
annual collection goal for the product is not met.
c) Petitions for exemptions from Section 27 of the Mercury-added Product Prohibition Act must include, but shall not be limited to, the following information:
1) The petitioner's name, address, telephone
number, and North American Industry Classification System (NAICS) code. The
petitioner's web address must also be included if the petitioner has a web
address;
2) The name, address, and
telephone number of a contact person for the petitioner. The contact person's
e-mail address must also be included;
3) Identification of the product for which
the exemption is sought and a description of the specific uses of the product
for which the exemption is sought;
4) A description of the location of the
mercury or mercury-containing component in the product and a description of how
to remove the mercury or mercury-containing component;
5) A description of the purpose of the
mercury in the product;
6)
Identification of all available nonmercury alternatives to the product or
mercury-containing component of the product;
7) Documentation demonstrating that one of
the following applies:
A) Use of the product
provides a net benefit to the environment, public health, or public safety when
compared to each of the available nonmercury alternatives identified under
subsection (b)(6) of this Section; or
B) Technically feasible nonmercury
alternatives are not available at comparable cost;
8) Documentation demonstrating that a system
exists for the proper collection, transportation, and processing of the product
at the end of its useful life. The documentation must include, but shall not be
limited to, a written plan for the proper collection, transportation, and
processing of the product. The plan must include, but shall not be limited to,
the following:
A) A description of the system
that will be used for the proper end of life collection, transportation, and
processing of the product by the manufacturer, by an industry or trade group,
or via another similar system that ensures the product is properly collected,
transported, and processed;
B)
Documentation demonstrating the readiness and willingness of all necessary
parties to perform as intended in the collection, transportation, and
processing system;
C) A description
of the financing for the collection, transportation, and processing
system;
D) A description of an
education program that will inform the relevant portions of the public and
private sectors about the product, the purpose of the collection,
transportation, and processing system, and how consumers of the product may
participate;
E) Identification of
the annual collection goal for the product;
F) A description of the performance measures
to be used to determine whether the collection, transportation, and processing
system is meeting the annual collection goal for the product;
G) A description of the record keeping
protocol to assure conformance with the plan; and
H) A description of additional or alternative
actions that will be implemented to improve the collection, transportation, and
processing of the product in the event the annual collection goal for the
product is not met.
Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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