Adopted Rule – Standards for Universal Waste Management. The IPCB amended several Parts of Title 35 of the Illinois Administrative Code Section (35 IAC) including hazardous waste operating requirements and the Resource Conservation and Recovery Act (RCRA) permit program to include PPRW as a listed universal waste. This regulatory shift, mandated by Public Act 103-887, marks a significant change for facilities and waste handlers across Illinois. Prior to the adoption of this new universal waste designation in Illinois, hazardous PPRW was regulated under more stringent hazardous and special waste management protocols. The Illinois Environmental Protect Agency (IEPA) argued that the reclassification of PPRW as universal waste would ease the regulatory burden on PPRW transporters and encourage the development of programs to reduce the quantity of PPRW going to municipal solid waste landfills or incinerators.
What is “paint” and ”paint-related waste”?
Pursuant to 35 IAC 720.110, “paint” and “paint-related waste” are defined as follows: “Paint” means any 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 power and is fused into a continuous coating film through the use of heat. Paint includes architectural paint, as defined in the paint stewardship act, but does not include other types of coatings such as industrial original equipment or specialty coatings.
“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 waste that is recycled in a manner other than burning for energy recovery or used in a manner constituting disposal.
Consideration of these definitions is important as the regulations for universal waste management in 35 IAC 733 specify that PPRW that has been mixed with solvents, or other materials that alter the physical properties of the PPRW, are not applicable to the universal waste management standards.
What is considered Universal Waste in Illinois?
Universal waste in Illinois has previously followed federal guidelines prior to the adoption of PPRW as universal waste. Federal universal waste includes the following:
- Mercury-containing equipment
The United States Environmental Protection Agency (U.S. EPA) allows states to adopt these universal wastes or add additional wastes to their universal waste programs. The adoption of PPRW as universal waste is specific to Illinois regulations, although other states including Ohio, Texas and Vermont have adopted similar regulations. When hazardous PPRW enters another state that does not classify it as a universal waste, it must be managed as hazardous waste per that state’s regulations.
For a full listing of universal waste classifications in each state, please refer to this U.S EPA webpage State Universal Waste Programs in the United States | US EPA.
Labeling and Marking Requirements
Small and large quantity handlers (which also include generators) of universal waste alike must label or mark the type of universal waste. Each container of universal paint or paint related waste must be labeled and clearly marked with one of the following phrases:
- “Universal Waste – Paint”
- “Universal Waste – Paint-related Waste”
How does this affect my facility’s hazardous waste report?
Universal waste is generally exempt from federal biennial hazardous waste reporting and Illinois annual hazardous waste reporting. For facilities that are large quantity generators (LQG)of hazardous waste and managed PPRW as hazardous waste before August 21, 2025, this will need to be captured on hazardous waste reporting. Only PPRW managed after August 21, 2025, under the universal waste designation is excluded from hazardous waste reporting requirements. While reporting is reduced, recordkeeping is still required for universal waste.
Recommendations
- Beginning on August 21, 2025, maintain documentation showing that PPRW was managed under the universal waste rules.
- At the end of 2025, review how PPRW was managed in anticipation of the Reporting Year 2025 Hazardous Waste Report due March 1, 2026.
- Label and mark containers of PPRW appropriately prior to disposal.
- Ensure hazardous waste determinations are complete and accurate.
- Be on the lookout for the Illinois Paint Stewardship Program expected to launch December 1, 2025.
For more information, reach out to Audrey Freeman at Trinity’s Chicago office.
